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HomeMy WebLinkAbout2023-03-09 Council Agenda PacketThursday, March 9, 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 - Tyler Maxwell Vice President - Annalisa Perea Councilmembers: Mike Karbassi, Miguel Angel Arias, Luis Chavez, Garry Bredefeld, Nelson Esparza City Manager - Georgeanne A. White City Attorney - Andrew Janz City Clerk - Todd Stermer, CMC Meeting Agenda - Final Regular Meeting 3-9-2023 MA/AP 7-0 2ND Motion to reconsider the agenda and add item 1-I back to the agenda for discussion LC/TM 5-0, AP, MA ABSENT March 9, 2023City Council Meeting Agenda - Final THE FRESNO CITY COUNCIL WELCOMES YOU TO CITY COUNCIL CHAMBER, LOCATED IN CITY HALL, 2ND FLOOR, 2600 FRESNO STREET, FRESNO, CALIFORNIA 93721. PUBLIC PARTICIPATION – Public participation during Fresno City Council meetings is always encouraged and can occur in one of the two following ways: 1) Participate In Person: Council Chambers, City Hall, 2nd Floor, 2600 Fresno Street, Fresno, CA 93721 a) To speak during a City Council meeting in person: fill out a speaker card (available in the Council Chamber) and place it in the speaker card collection basket at the front of the Council Chamber. You may also approach the speaker podium upon the Council President’s call for public comment. 2) Participate Remotely via Zoom: https://zoom.us/webinar/register/WN_n3AeNIYoQnuanNobgfTJ5Q a) The above link will allow you to register in advance for remote participation in the meeting via the Zoom platform. After registering, you will receive a confirmation email containing additional details about joining the meeting. b) To speak during a City Council meeting while attending remotely: while in the Zoom application, click on the icon labeled “Participants” at the bottom of the screen. Then select “RaiseHand” at the bottom of the Participants window. Your digital hand will now be raised. You will be asked to “unmute” when your name is called to speak. You will not be visible via video and there will be no opportunity to share your screen. All public speakers will have up to 3 minutes to address Council pursuant to Rule No. 10 of the Rules of Procedure for the City Council of the City of Fresno (available in the City Clerk’s Office). SUBMIT DOCUMENTS / WRITTEN COMMENTS - Pursuant to Rule 11 (c) of the Rules of Procedure, 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. Documents / written comments related to an agenda item can be submitted by one of the following methods: 1) eComment – eComment allows the public to submit agenda related comments through a website prior to the meeting. Submitted comments are limited to 1440 characters and will be a part of the official record. Page 2 City of Fresno ***Subject to Mayoral Veto March 9, 2023City Council Meeting Agenda - Final a) Submit an e-Comment by visiting https://fresno.legistar.com/Calendar.aspx and selecting the “eComment” link. b) e-Comment is available for use upon publication of the agenda and closes 24 hours prior to the meeting start time [pursuant to Rule 11(c)]. c) e-Comment is not permitted for Land use or CEQA items d) The e-Comment Electronic User Agreement can be viewed at: https://www.fresno.gov/cityclerk/ 2) E-mail – Agenda related documents and comments can be e-mailed to the Office of the City Clerk at least 24 hours prior to the agenda item being heard, pursuant to Rule 11(c). a) E-mail the Clerk’s Office at clerk@fresno.gov b) E-mails should include the agenda date, and the related agenda item number. VIEWING CITY COUNCIL MEETINGS (non-participatory) - For your convenience, there are several ways to view Fresno City Council meetings live: 1) City of Fresno website: https://fresno.legistar.com/Calendar.aspx (click “In Progress” to view the live meeting). 2) Community Media Access Collaborative website: https://cmac.tv/ 3) YouTube - City of Fresno Council, Boards and Commissions Channel: https://www.youtube.com/channel/UC3ld83D8QGn1YBDw6aD5dZA/videos 4) Facebook: https://www.facebook.com/FresnoCA/videos 5) Cable Television: Comcast Channel 96 and AT&T Channel 99 Should any of the five viewing methods listed above experience technical difficulties, the Council meeting will continue uninterrupted. Council meetings will only be paused to address verifiable technical difficulties for all users participating via Zoom or in the Council Chamber. The City of Fresno’s goal is to comply with the Americans with Disabilities Act (ADA). Anyone requiring reasonable ADA accommodations, including sign language interpreters, or other reasonable accommodations such as language translation, should contact the office of the City Clerk at (559) 621-7650 or clerk@fresno.gov. To help ensure availability of these services, you are advised to make your request a minimum of three business days prior to the scheduled meeting. Page 3 City of Fresno ***Subject to Mayoral Veto March 9, 2023City Council Meeting Agenda - Final 9:00 A.M. ROLL CALL Invocation Pledge of Allegiance to the Flag APPROVE AGENDA CEREMONIAL PRESENTATIONS Proclamation for “Pinedale 100 Year Anniversary”ID 23-276 Sponsors:Councilmember Karbassi Proclamation for “Khetphet “KP” Phagnasay Day”ID 23-230 Sponsors:Councilmember Chavez COUNCILMEMBER REPORTS AND COMMENTS MAYOR/MANAGER REPORTS AND COMMENTS UNSCHEDULED COMMUNICATION PLEASE NOTE: UNSCHEDULED COMMUNICATION IS NOT SCHEDULED FOR A SPECIFIC TIME AND MAY BE HEARD ANY TIME DURING THE MEETING 1. CONSENT CALENDAR Approval of Minutes for February 23, 2023, Regular MeetingID 23-3831.-A. Sponsors:Office of the City Clerk ***RESOLUTION - Adopting the 576th Amendment to the Master Fee Schedule Resolution No. 80-420 to Add, Adjust, Move, Revise or Delete Various Fees in the Airports, General Government, and Parks, After School, Recreation, and Community Services (PARCS) Sections (Subject to Mayor’s veto). ID 23-3941.-B. Sponsors:Budget and Management Studies Department Page 4 City of Fresno ***Subject to Mayoral Veto March 9, 2023City Council Meeting Agenda - Final ***RESOLUTION - Adopting the 29th amendment to the Annual Appropriations Resolution (AAR) No. 2022-154 appropriating $2,032,000 for ERAP (Requires 5 Affirmative votes) (Subject to Mayor’s veto) ID 23-3681.-C. Sponsors:Finance Department Approve the award of a purchase contract to Pape Kenworth of Fresno, California, for the purchase of two Kenworth T880 trucks in the amount of $572,026 for the Department of Public Utilities and Department of Public Works ID 23-3071.-D. Sponsors:General Services Department Approve the award of a purchase contract to PB Loader of Fresno, California, for the purchase of five concrete finisher trucks in the amount of $793,412 for the Department of Public Works, Street Maintenance Division ID 23-3701.-E. Sponsors:General Services Department Award a requirements contract for retreading of commercial truck tires to The Goodyear Tire & Rubber Co. of Fresno, California, for two years with three one-year options, in the annual amount of $335,099.19, plus annual CPI adjustments (Bid File 9659) ID 23-3711.-F. Sponsors:General Services Department ***RESOLUTION - Authorizing and directing submission of an application for and acceptance of State of California Prohousing Incentive Pilot Program funds (Subject to Mayor’s veto) ID 23-3721.-G. Sponsors:Planning and Development Department Approve Contract Change Order No. 1 in the amount of $252,544.50 and extend the date of completion to April 11, 2023 for the Sewer Rehabilitation in the Area Bound by Blackstone, Maroa, McKinley, and Clinton Avenues Project ID RC00177 (Bid File 3836) (Council Districts 1 and 7). ID 23-2591.-H. Sponsors:Public Works Department and Department of Public Utilities Page 5 City of Fresno ***Subject to Mayoral Veto March 9, 2023City Council Meeting Agenda - Final RESOLUTION - Of Intention to Annex Final Tract Map No. 6338 as Annexation No. 140 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, April 20, 2023, at 10:00 am (Northeast corner of East Church Avenue and South Sunnyside Avenue) (Council District 5) ID 23-3421.-I. Sponsors:Public Works Department RESOLUTION - Of Intention to Annex Final Tract Map No. 6212 and Parc West Drive as Annexation No. 141 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, April 20, 2023, at 10:05 am (Southwest corner of North Parc West Drive and North Grantland Avenue) (Council District 1) ID 23-3441.-J. Sponsors:Public Works Department Actions pertaining to Resolution of Intention Number 1151-D to vacate a portion of a 16 foot-wide alley adjacent and south of Lot 1 and a portion of Lot 2 of Walling Tract Map (Council District 3): 1. Adopt a finding of Categorical Exemption per Environmental Assessment Number P22-02292 per staff determination, pursuant to Sections 15304/Class 4 of the California Environmental Quality Act (CEQA) Guidelines 2. Adopt the attached Resolution of Intention Number 1151 -D to vacate a portion of a 16 foot-wide alley adjacent and south of Lot 1 and a portion of Lot 2 of Walling Tract Map ID 23-3451.-K. Sponsors:Public Works Department Actions pertaining to Final Map of Tract No. 6310 RESOLUTION - Approving the Final Map of Tract No. 6310, and accepting dedicated public uses offered therein except for dedications offered subject to City acceptance of developer installed required improvements - located near the northwest corner of West Dakota Avenue and North Polk Avenue (Council District 1) ID 23-3471.-L. Sponsors:Public Works Department Actions pertaining to the summary vacation of access right ID 23-3481.-M. Page 6 City of Fresno ***Subject to Mayoral Veto March 9, 2023City Council Meeting Agenda - Final restrictions on a portion of the East Belmont Avenue, west of North Fowler Avenue (Council District 5): 1. Adopt a finding of Categorical Exemption per Environmental Assessment Number PW13226 per staff determination, pursuant to Section 15301, Class 1 (b, c) Existing Facilities of the California Environmental Quality Act (CEQA) Guidelines 2. ***RESOLUTION - Ordering the summary vacation of access right restrictions on a portion of the East Belmont Avenue, west of North Fowler Avenue (Subject to Mayor’s Veto) Sponsors:Public Works Department Actions pertaining to the Barstow Avenue Class IV Bikeway Project - Bid File 12300267 (Council District 4) 1. Adopt a finding of Categorical Exemption per staff determination pursuant to Section 15301/Class 1 of the California Environmental Quality Act (CEQA) Guidelines 2. Award a construction contract in the amount of $2,234,648 to American Paving Co., of Fresno, California ID 23-3601.-N. Sponsors:Public Works Department Approve the First Amendment to the Consultant Services Agreement with O’Dell Engineering in the amount of $219,300, for a total increased contract amount of $468,700, with a $15,000 contingency amount, for design services and preparation of construction documents for the South Tower Park, San Pablo Park and the Ted C. Wills Community Center Projects (Council District 3) ID 23-3631.-O. Sponsors:Public Works Department, Parks, After School and Recreation and Community Services Department RESOLUTION - Of Intention to Annex Final Tract Map No. 6371 as Annexation No. 138 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, April 20, 2023, at 10:15 am (located north of East Floradora Avenue and east of North Armstrong Avenue) (Council District 7) ID 23-3641.-P. Sponsors:Public Works Department Actions pertaining to the Rebid of Requirements Contract to ID 23-3581.-Q. Page 7 City of Fresno ***Subject to Mayoral Veto March 9, 2023City Council Meeting Agenda - Final Furnish and Install Polyethylene Water Service Replacements (Bid File 12300617)(Citywide and County): 1. Adopt a finding of Categorical Exemption, pursuant to Section 15301(b)/Class 1, and Section 15302(c)/Class 2 of the California Environmental Quality Act Guidelines 2. Award a one-year Requirements Contract, inclusive of the City’s adopted project labor agreement requirements, to West Valley Construction Company, Inc., of Fresno, California, in the amount of $1,529,500, with provisions for two one-year extensions Sponsors:Department of Public Utilities Assistance for Senior Affordable Housing project by utilizing future revenue streams to provide potable drinking water and sustainable Fire protection for the public benefit to Senior Citizens in the Fancher Creek completed neighborhood. ID 23-4011.-R. Sponsors:Councilmember Chavez ***RESOLUTION - To Begin the Process to Change Kings Canyon/Ventura Boulevard to “Cesar Chavez Boulevard” (Subject to Mayor’s veto) ID 23-4031.-S. Sponsors:Councilmember Chavez, Councilmember Arias and Councilmember Esparza CONTESTED CONSENT CALENDAR 2. SCHEDULED COUNCIL HEARINGS AND MATTERS 10:00 A.M. Actions pertaining to the acquisition of easements and right of way for the MLK Center Active Transportation Project (Council District 3) 1) HEARING to consider a resolution of public use and necessity for acquisition of easements and rights of way for public street purposes over, under, through and across portions of APN 479-050-04, owned by Ruth McDonald and Florine Parish, for the construction of a concrete public sidewalk, concrete curb ramp and installation of public utilities along a portion of South Walnut Avenue and East Grove Avenue 2) Adopt a finding of Categorial Exemption pursuant to ID 23-359 Page 8 City of Fresno ***Subject to Mayoral Veto March 9, 2023City Council Meeting Agenda - Final California Environmental Quality Act (CEQA) Guidelines Sections 15301/Class 1, 15303/Class 3, and 15304/Class 4 for the MLK Center Active Transportation Project 3) ***RESOLUTION - Determining that public interest and necessity require acquisition of easements and rights of way for public street purposes over, under, through and across portions of APN 479-050-04, owned by Ruth McDonald and Florine Parish, for the construction of a public sidewalk, concrete curb ramp and installation of public utilities along a portion of South Walnut Avenue and East Grove Avenue and authorizing eminent domain proceedings for public use and purpose (Requires 5 affirmative votes) (Subject to Mayor’s Veto) Sponsors:Public Works Department 2:30 P.M. WORKSHOP - Presentation by Fresno City Employees Health & Welfare Trust ID 23-387 Sponsors:Office of Mayor & City Manager 2:35 P.M. WORKSHOP from the Fresno Housing Authority.ID 23-248 Sponsors:Council President Maxwell 3. GENERAL ADMINISTRATION WORKSHOP - Status update on Police Reform Commission Recommendations ID 23-3883.-A. Sponsors:Office of Mayor & City Manager WORKSHOP - Airport Parking Garage Art Installation - Artist and Concept Unveiling (Council District 4) ID 23-3693.-B. Sponsors:Airports Department 4. CITY COUNCIL 5. CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Government Code Section 54956.9, subdivision ID 23-3805.-A. Page 9 City of Fresno ***Subject to Mayoral Veto March 9, 2023City Council Meeting Agenda - Final (d)(1) Terance Frazier, et al. v. City of Fresno, et al.; United States District Court Case No.: 1:20-CV-01069 Sponsors:City Attorney's Office CONFERENCE WITH LEGAL COUNSEL- POTENTIAL EXPOSURE TO LITIGATION: Government Code Section 54956.9(d)(2): Central Valley NMTC Fund, LLC., v. City of Fresno ID 23-3935.-B. Sponsors:City Attorney's Office CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) Marlene Riofrio v. City of Fresno Fresno Superior Court Case No. 21CECG00254 ID 23-3925.-C. Sponsors:City Attorney's Office 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) ID 23-4065.-D. Sponsors:City Attorney's Office CONFERENCE WITH LEGAL COUNCIL - POTENTIAL EXPOSURE TO LITIGATION: Government Code Section 54956.9(d)(2): Bakman Water Company v. City of Fresno ID 23-3995.-E. Page 10 City of Fresno ***Subject to Mayoral Veto March 9, 2023City Council Meeting Agenda - Final Sponsors:City Attorney's Office CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) Laborers International Union of North America, Local Union 294 v. City of Fresno; Fresno Superior Court Case No. 22CECG03719 ID 23-4055.-F. Sponsors:City Attorney's Office ADJOURNMENT UPCOMING SCHEDULED COUNCIL HEARINGS AND MATTERS MARCH 30, 2023 10:00 A.M. - HEARING to adopt resolutions and ordinance to annex territory and levy a special tax regarding City of Fresno Community Facilities District No. 11, Annexation No. 137 (Final Tract Map No. 6299) (located at the southeast corner of East Belmont Avenue and North Armstrong Avenue) (Council District 5) 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) MARCH 30, 2023 10:10 A.M. - HEARING – To adopt Resolutions and Ordinance to annex territory and levy a special tax regarding City of Fresno Community Facilities District No. 11, Annexation No. 139 (Parc West) (located at northwest corner of West Ashlan Avenue and North Grantland Avenue) (Council District 1) MARCH 30, 2023 10:15 A.M. - Proposed vacation of a portion of a 16 foot-wide alley adjacent and south of Lot 1 and a portion of Lot 2 of Waller Track. MARCH 30, 2023 10:20 A.M. - Annexation Application No. P21-03755, Pre-zone Application No. P21-03756, and Tentative Parcel Map No. 2022-03 APRIL 20, 2023 10:00 A.M. - HEARING to adopt resolutions and ordinance to annex territory and Page 11 City of Fresno ***Subject to Mayoral Veto March 9, 2023City Council Meeting Agenda - Final levy a special tax regarding CITY OF FRESNO COMMUNITY FACILITIES DISTRICT NO. 11, Annexation No. 140 (Final Tract Map No. 6338) (Northeast corner of East Church Avenue and South Sunnyside Avenue) (Council District 5) APRIL 20, 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. 11, Annexation No. 141 (Final Tract Map No. 6212) (Southwest corner of North Parc West Drive and North Grantland Avenue) (Council District 1) APRIL 20, 2023 10:10 A.M. - HEARING – To adopt Resolutions and Ordinance to annex territory and levy a special tax regarding City of Fresno Community Facilities District No. 18, Annexation No. 002 (T6212, located at the southwest corner of North Parc West Drive and North Grantland Avenue; T6276, located on the northwest corner of North Parc West Drive and North Grantland Avenue; T6350, located on the northeast corner of North Parc West Drive and West Holland Avenue) (Council District 1) APRIL 20, 2023 10:15 A.M. - HEARING to adopt resolutions and ordinance to annex territory and levy a special tax regarding City of Fresno Community Facilities District No. 11, Annexation No. 138 (Final Tract Map No. 6371) (located north of East Floradora Avenue and east of North Armstrong Avenue) (Council District 7) UPCOMING EMPLOYEE CEREMONIES EMPLOYEE OF THE QUARTER - 9:00 A.M. • April 19, 2023 (Wednesday) - Employee of the Spring Quarter • July 19, 2023 (Wednesday) - Employee of the Summer Quarter • October 18, 2023 (Wednesday) - Employee of the Fall Quarter EMPLOYEE SERVICE AWARDS - 10:00 A.M. • April 26, 2023 (Wednesday) - Employee Service Awards • November 15, 2023 (Wednesday) - Employee Service Awards 2023 CITY COUNCIL MEETING SCHEDULE MARCH 16, 2023 - NO MEETING MARCH 23, 2023 - NO MEETING MARCH 30, 2023 - 9:00 A.M. APRIL 06, 2023 - NO MEETING Page 12 City of Fresno ***Subject to Mayoral Veto March 9, 2023City Council Meeting Agenda - Final 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 23-276 Agenda Date:3/9/2023 Agenda #: CEREMONIAL PRESENTATION Proclamation for “Pinedale 100 Year Anniversary” City of Fresno Printed on 3/10/2023Page 1 of 1 powered by Legistar™ 3-9-2023 PRESENTED CITY OF FRESNO Office of Mayor Jerry P. Dyer &Councilmember Mike Karbassi WHEREAS, Pinedale is a community in Fresno County, and was established as a company town for the Sugar Pine Lumber Company on March 24, 1923, as a mill site near the San Joaquin River approximately 8 miles north of downtown Fresno; and WHEREAS, the Pinedale Mill of the Sugar Pine Lumber Company officially began operation in July 1, 1923. At a cost of $4 million and known as “the finest sawmill in the West,” it was the largest and most modern lumber mill in the United States at the time, employing 250 workers year-round, and more than 550 during peak seasons. The mill was connected to Sugar Pine’s lumber sites via the Minarets and Western Railway and required a special engine be built to handle the volume of timber down the mountain; and WHEREAS, the Pinedale township was founded immediately east of the lumber mill and became a modern community with graded streets, cement curbs and sidewalks. Pinedale was developing into its own city with both residential and commercial development, including church, post office, community hall, school, hotel, and a streetcar line to downtown Fresno; and WHEREAS, the Sugar Pine Lumber Company went bankrupt in 1933, and sold all its properties and holdings, including the Pinedale lumber mill which stopped operating in 1931, with its properties being sold off in 1935. The township of Pinedale withered for years as residents moved away to surrounding communities; and WHEREAS, the old mill site was leased to the United States Army in 1942 to serve as a training camp for the Army Signal Corps with more than 10,000 soldiers quartered at “Camp Pinedale.” From May to June 1942, Pinedale was used as a temporary internment and processing camp for almost 5,000 Japanese-Americans, pending their transfers to larger facilities. Camp Pinedale operated as a depot until 1945, and in 1947 the property was returned to its private owner. Decades later, Pinedale was annexed into the City of Fresno in 1979; and WHEREAS, through Pinedale’s many phases and periods of development, a community with pride and identity has emerged, and the members of the Pinedale Community Association help preserve Pinedale’s heritage through work with local partners and agencies; and WHEREAS, in honor of Pinedale’s centennial, photos and artifacts of Pinedale’s history are on display at Fresno County Central Library and Woodward Park Library through the month of March. In addition, the public is invited to participate in Pinedale’s Centennial Celebration and parade on March 25, 2023 at 10 o’clock AM with all day festivities at the Paula S. Guzman Pinedale Community Center located at 7170 N San Pablo Ave, Pinedale. NOW, THEREFORE BE IT RESOLVED, that we Mayor Jerry Dyer and the Fresno City hereby proclaim March 2023 as Pinedale Centennial History Month: “Pinedale Centennial History Month” in the City of Fresno. IN WITNESS WHEREOF, we have hereunto set our hands and affixed the seal of the City of Fresno, California, this 9th day of March 2023. _____________________________________________ __________________________________________ JERRY P. DYER, Honorable Mayor MIKE KARBASSI , Councilmember District 2 _____________________________________________ __________________________________________ TYLER MAXWELL, Council President ANNALISA PEREA, Council Vice President _____________________________________________ __________________________________________ MIGUEL ARIAS, Councilmember District 3 LUIS CHAVEZ, Councilmember District 5 _____________________________________________ __________________________________________ GARRY BREDEFELD, Councilmember District 6 NELSON ESPARZA, Councilmember District 7 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-230 Agenda Date:3/9/2023 Agenda #: THE REGULAR CITY COUNCIL SUBJECT Proclamation for “Khetphet “KP” Phagnasay Day” City of Fresno Printed on 3/10/2023Page 1 of 1 powered by Legistar™ 3-9-2023 PRESENTED CITY OF FRESNO Mayor and City Council Offices Khetphet “KP” Phagnasay WHEREAS, Khetphet “KP” Phagnasay was born in Laos in 1973. His family escaped from Laos to the United States as refugees in 1979 as a result of the Vietnam War conflict; and WHEREAS, Khetphet “KP” Phagnasay grew up in Oswego, Illinois, then relocated to Waianae, Hawaii before settling in Fresno/Clovis California where he attended California State University, Fresno earning his Bachelors of Arts degree in Theatre Arts, then going on to further his education in Asian Theatre focusing on Acting from the University of Hawaii, Monoa; and WHEREAS, KP has been involved in many organizations as a consultant and leader for the South Asian Community. He is one of the 4 counselors that helped form Stone Soup, Firm and many other non-profits to name a few. KP is currently a Media Consultant and Committee Member for the Hidden Wealth Foundation serving the South Asian Community; and WHEREAS, Khetphet “KP” Phagnasay is also a Lao-American Actor, Director, Producer and Stuntman. He is most known for his role on the Netflix series DAHMER Monster: The Jeffrey Dahmer Story, he plays the father of a young Laotian victim, he also stars in God is an Astronaut, Demon Fighter, Street of Hope and Holly Road Trip. KP also has experience on stage portraying the King and I. Song Liliang in M. Butterfly, Puck in Midsummer Night, Dr. SUN YAT SEN: The Mouth of A Dragon. Also, in his acting career, KP has traveled to many countries such as Japan,Taiwan and Mainland China; and WHEREAS, Khetphet “KP” Phagnasay staying loyal to his heritage and to all Southeast Asian Refugee generations, keeps his focus on bringing out the talents of those communities for many issues and offering. KP constantly works to bridge the gap to bring all the talents into the mix. NOW, THEREFORE, BE IT RESOLVED, that we, Mayor Jerry Dyer, and the Fresno City Council, do hereby proclaim Thursday, March 9, 2023, to be: “Khetphet “KP” Phagnasay Day” in the City of Fresno. IN WITNESS, we have hereunto set our hands and affixed the Seal of the City of Fresno, California, this 9th day of March 2023. _______________________________________ __________________________________________ MAYOR JERRY DYER COUNCILMEMBER LUIS CHAVEZ ________________________________________ __________________________________________ COUNCIL PRESIDENT TYLER MAXWELL COUNCIL VICE-PRESIDENT ANALISA PEREA ________________________________________ __________________________________________ COUNCILMEMBER MIKE KARBASSI COUNCILMEMBER MIGUEL ARIAS ________________________________________ __________________________________________ COUNCILMEMBER GARRY BREDEFELD COUNCILMEMBER NELSON ESPARZA City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-383 Agenda Date:3/9/2023 Agenda #: 1.-A. REPORT TO THE CITY COUNCIL FROM:TODD STERMER, City Clerk Office of the City Clerk SUBJECT Approval of Minutes for February 23, 2023, Regular Meeting Attachment: Draft Minutes for Regular meeting on February 23, 2023 City of Fresno Printed on 3/3/2023Page 1 of 1 powered by Legistar™ 3-9-2023 AP/GB 5-0 MA,LC ABSENT APPROVED ON CONSENT City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-394 Agenda Date:3/9/2023 Agenda #: 1.-B. REPORT TO THE CITY COUNCIL FROM:GEORGEANNE A. WHITE, City Manager RUTH F. QUINTO, CPA, Assistant City Manager THROUGH:HENRY FIERRO, Budget Director Budget and Management Studies Department BY:NIGMA SHOOK, Budget Analyst Budget and Management Studies Department SUBJECT ***RESOLUTION - Adopting the 576th Amendment to the Master Fee Schedule Resolution No. 80 -420 to Add, Adjust, Move, Revise or Delete Various Fees in the Airports, General Government, and Parks, After School, Recreation, and Community Services (PARCS) Sections (Subject to Mayor’s veto). RECOMMENDATION Staff recommends that Council adopt the 576th Amendment to the Master Fee Schedule Resolution No. 80-420. EXECUTIVE SUMMARY The attached resolution to adopt the 576th Amendment to the Master Fee Schedule (MFS) Resolution No. 80-420 addresses fee changes and routine revisions to the following sections of the MFS: Airports; General Government; and Parks, After School, Recreation and Community Services (PARCS). BACKGROUND During the February 23, 2023 Council meeting, an action was taken to pull the Fresno Chandler Downtown Airport and all PARCS fees from the annual 575 th Amendment with the intent to bring them forward for approval at the next meeting on March 9, 2023. As PARCS fees were being duplicated in the General Government section, the associated fees were also subsequently pulled. At Council’s discretion, two PARCS fee increases, also duplicated in General Government, were omitted from the original submission: (1) all processing fee increases from $15.00 to $45.00 and (2) the Memorial Auditorium APES fee from $1.00 to $3.00. Additionally, the City Clerk, per the Administration’s request, publicly announced at the start of the February 23, 2023 Council Hearing that a newly proposed Special Events Parking fee originally listed on pages 60, 120, and, City of Fresno Printed on 3/3/2023Page 1 of 4 powered by Legistar™ 3-9-2023 AP/GB 4-1 MA, LC ABSENT R. 2023-048 ADOPTED APPROVED ON CONSENT GB voted no. File #:ID 23-394 Agenda Date:3/9/2023 Agenda #: 1.-B. Hearing that a newly proposed Special Events Parking fee originally listed on pages 60, 120, and, possibly, additional pages of Exhibit A were to be removed. This revision of the Master Fee Section (MFS) is being presented at this time to enable adjustments approved by Council to be incorporated into the planning of the FY 2024 budget. Staff will proceed with estimating revenues for FY 2024 based on the adoption of these updates to the schedule. The following narrative details the proposed fee adjustments by MFS section. Additional details regarding the basis for all fee adjustments can be found in the 576 th MFS Summary attachment. Airports:In total, six fees are proposed to increase and six to be added to the Fresno Downtown Chandler Airport. The increases are related to the Chandler hangar rental fees which were determined to be below Fair Market Value, and the Chandler office rental space that was not being appropriately charged according to size. Furthermore, the six new fees added relate to aviation permits for individuals conducting business on the Airport premises and the addition of new office rental space options. The specific fees are as follow: ·Fees increased: (1) Chandler Airport T-Hangar - Hangar per month; (2) Chandler Hi-Low Multi-Aircraft Hangar - Hangar per month; (3) Chandler Multiple Aircraft Hangar - Aircraft per month; (4) Chandler T-Hangar Storage - Hangar Storage per month; (5) Chandler Shade Hangar - Hangar per month; and (6) Large - Office per month. ·Fees added: (1) Commercial Aviation Permit; (2) Commercial Aviation Flight School Permit; (3) Hangar Waitlist Fees; (4) Small - Office per month; (5) Chandler Conference Room in Terminal Building - Half Day; and (6) Chandler Conference Room in Terminal Building - Daily. General Government:The City Manager’s Office is requesting to incorporate seventeen duplicate Special Events fees already in the PARCS section of the MFS, of which one is proposed to be increased in PARCS, detailed further down. The duplicated fees are as follow: ·Under General Recreation: (1) Processing fee; (2) 24x16 Video Projection System - Rental (4 hr minimum); (3) 24x16 Video Projection System - Recreation staff additional per hr; (4) Bounce House Permit; (5) Woodward Park Rotary Amphitheater; (6) Concession Fee; (7) Performance Bond; (8) Cleaning Deposit; (9) Improvement Fee; (10) Event Staffing (4 hr. minimum) - proposed increase in PARCS; and (11) Rehearsals. ·Under Memorial Auditorium Rental Rates: (12) Art, Park, Entertainment & Sports, per ticket or attendee and on each round of golf; (13) Memorial Auditorium Theater Rental; (14) Reservation Deposit - up to 3 dates; (15) Reservation Deposit - 4-7 dates; and (16) Reservation Deposit - 8 or more dates. ·Under Downtown Malls - Vendor Fees: (17) Portable Stage Set-Up/Take Down. PARCS:The Department is proposing several adjustments to the MFS. Proposed changes include City of Fresno Printed on 3/3/2023Page 2 of 4 powered by Legistar™ File #:ID 23-394 Agenda Date:3/9/2023 Agenda #: 1.-B. PARCS:The Department is proposing several adjustments to the MFS. Proposed changes include ten titles with text changes, eleven fee relocations with text changes, thirty-one fee adjustments, three new fees, and eighteen fee deletions. The proposed fee relocations include relocating several fees to different pages of the PARCS section within the MFS due to the interrelation of those fees. ·Text Changes: The following ten titles (and associated fees) include minor text changes proposed for clarification purposes and are under the following titles: (1) Community & Neighborhood Centers; (2) All Swim Pools/Recreational Swim; (3) Special Pool Rentals; (4) Regional Sports Complex Reservation Fee; (5) Community & Neighborhood Parks; (6) Improvement Fee; (7) Japanese Gardens; (8) Camp Fresno Family Camp; (9) Camp Fresno Jr.; and (10) Action Sports Fees. PARCS is also proposing to add a Processing Fee refund related footnote on each respective page. ·Fee Relocation with Text Changes: The following eleven titles (and associated fees) were relocated from other pages in the PARCS section of the MFS and include minor text changes: (1) Equipment Rentals; (2) Regional Community & Neighborhood Park Areas; (3) Woodward Park Group Activity Area; (4) Regional Park Parking Pass; (5) Regional Park Parking Fee (Roeding and Woodward Parks and Regional Sports Complex); (6) Roeding Park Picnic Table Reservation Fee; (7) Roeding Park Pergola Rental (half-day); (8) Woodward Park Picnic Table Reservation Fee; (9) Urban Growth Management (UGM) Park Fees; (10) Field Reservations (under Regional Sports Complex Reservation Fee); and (11) Outdoor Court (under Community & Neighborhood Parks). ·Fees Adjusted: The thirty-one proposed fee adjustments include: (1-8) Green Fees (under Riverside Municipal Golf Course); (9) Sport Field/Court League/Tournament Preparation/Per Court (under Regional Sports Complex Reservation Fee); (10-13) Field reservation fees (under Community and Neighborhood Parks); (14) Event Staffing (4 hr. minimum) fee; (15- 16) Mobile Science Unit Fees; (17-19) Skate and Bike Park Facility Rental Fees; (20-27) Camp Fresno Family Camp; and (28-31) Camp Fresno Junior. ·New Fees Proposed: The three proposed new fees include: (1) Cleaning deposit (for the Regional Sports Complex); (2) Field Reservation fee (for the Regional Sports Complex); (3) Cleaning Deposit (for the Regional Community & Neighborhood Park Areas) that was already included but did not previously have an associated fee stated in the MFS. ·Deletions: The eighteen proposed fee deletions include: (1) Sport Field/Court League/Tournament Preparation/Per Hour (under Neighborhood Center, Parks, and Playground Facilities); (2) CFAS (CPR & First Aid); (3) Open Adult Basketball; (4-5) Lifeguard fees (under All Swim Pools/Recreational Swim); (6) PG&E FERA program discount fee (under Swimming Instruction); (7) Co-ed Softball; (8-11) Tournament Play fees (Under Regional Sports Complex Reservation Fee); (12) Field Reservation fee (under Community & Neighborhood Parks); (13) Mobile Science Unit Project Cost fee; (14) Duplicate Processing fee; (15-16) Improvement Surcharge Fee (under Camp Fresno Family); and (17-18) Improvement Surcharge Fee (under Camp Fresno Jr). City of Fresno Printed on 3/3/2023Page 3 of 4 powered by Legistar™ File #:ID 23-394 Agenda Date:3/9/2023 Agenda #: 1.-B. ENVIRONMENTAL FINDINGS Pursuant to the definition in California Environmental Quality Act Guidelines Section 15378, the proposed changes to the Master Fee Schedule are not a “project.” LOCAL PREFERENCE Local preference was not implemented because this agenda item does not include a bid or award of a construction services contract. FISCAL IMPACT The FY 2024 Budget will be built on the assumption that the fees contained in the 576th Amendment will be implemented. The effective date of this amendment is July 1, 2023, unless otherwise noted. Attachments: 576th Amendment to the Master Fee Schedule Resolution and Exhibit A 576th Master Fee Schedule Summary City of Fresno Printed on 3/3/2023Page 4 of 4 powered by Legistar™ 1 of 2 Date Adopted: Date Approved: Effective Date: City Attorney Approval: ______ Resolution No. ____________ RESOLUTION NO. ____________ A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, ADOPTING THE 576th AMENDMENT TO THE MASTER FEE SCHEDULE RESOLUTION NO. 80-420 TO ADD, ADJUST, MOVE, REVISE OR DELETE VARIOUS FEES IN THE AIRPORTS, GENERAL GOVERNMENT, AND PARKS, AFTER SCHOOL, RECREATION, AND COMMUNITY SERVICES (PARCS) SECTIONS BE IT RESOLVED by the Council of the City of Fresno as follows: THAT the Master Fee Schedule Resolution No. 80-420 be and is hereby amended to add, adjust, move, revise or adjust various fees. The revised pages of the Master Fee Schedule are attached as Exhibit “A” and are hereby incorporated by reference and made a part of this Resolution. THAT the fees adjusted by this RESOLUTION shall become effective July 1, 2023, unless otherwise noted on the revised pages of the Master Fee Schedule. This resolution shall be effective upon final approval. 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 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 Date APPROVED AS TO FORM: ANDREW JANZ City Attorney By: Jennifer Quintanilla Date Senior Deputy City Attorney Attachment: Exhibit A EXHIBIT A CITY OF FRESNO MASTER FEE SCHEDULE FRESNO CHANDLER DOWNTOWN AIRPORT Fee Description & Unit/Time Current Proposed Amnd Fuel Flowage Fee 464 Per Gallon 0.10 Landing fees 409 Non-Signatory Commercial Operations 0 to 12,500 pounds MCGLW* Per landing 5.98 Over 12,500 pounds MCGLW* Each 1,000 pounds MCGLW*1.20 Commercial Aviation Permit Operators (CAPO)409 0 to 12,500 pounds MCGLW* Per landing 4.18 Over 12,500 pounds MCGLW* Each 1,000 pounds MCGLW*1.09 Commercial Aviation Permit Per Month New 250.00 576 Commercial Aviation Flight School Permit Annual Permit New 250.00 576 Off-Airport Access 409 Per Month (License or written consent)250.00 Plus, per aircraft (License or written consent)+25.00 Rentals 465 Hangar Waitlist Fees New 150.00 576 Admin Fee $50.00 (non-refundable) plus $100.00 Fee (refundable or applied to Security Deposit) Chandler Airport T-Hangar Hangar per month 245.00 300.00 576 Chandler Hi-Low Multi-Aircraft Hangar Hangar per month 150.00 200.00 576 Chandler Multiple Aircraft Hangar Aircraft per month 175.00 225.00 576 Chandler T-Hangar Storage 576 Hangar Storage per month 30.00 100.00 Chandler Shade Hangar Hangar per month 95.00 *125.00 576 Chandler Hangar Utility Fee–if appliances or compressors are present Hangar per month -0- * ** The Director is authorized to negotiate the storage and tie-down and shade hangar rental user fees if it is determined to be beneficial to the City of Fresno AIRPORT FEES Maximum Certificated Gross Landing Weight All fees effective 07/01/2022 unless otherwise noted MFS Amendment #565 (January 2022) 2/28/20232:22 PM Page 10 CITY OF FRESNO MASTER FEE SCHEDULE FRESNO CHANDLER DOWNTOWN AIRPORT Fee Description & Unit/Time Current Proposed Amnd Chandler Office in terminal building 500 Small - Office per month New 210.00 576 Large - Office per month 150.00 265.00 576 Chandler Conference Room in terminal building 576 Half Day New 50.00 Daily New 100.00 AIRPORT FEES All fees effective 07/01/2022 unless otherwise noted MFS Amendment #565 (January 2022) 2/28/20232:22 PM Page 11 CITY OF FRESNO MASTER FEE SCHEDULE GENERAL RECREATION FEES Fee Description & Unit/Time Current Proposed Amnd A processing fee of $15 will be assessed to issue refunds 15.00 576 24 x 16 Video Projection System 576 Rental (4 hr minimum)300.00 Recreation staff additional per hr 35.00 Bounce House Permit (need Hold Harmless Agreement & Liability 20.00 576 Insurance) Woodward Park Rotary Amphitheater 576 Daily Rental**1500 or 10% Concession Fee 35%576 payment of cross event concession revenue Performance Bond 175 - 500 576 (100% refundable upon successful completion of the rental agreement in accordance with also agreed upon terms and conditions) Cleaning Deposit 1,000.00 576 (Up to 80% refundable dependent on the condition of the facility after completion of the rental agreement) Improvement Fee per ticket ATSA*3.00 576 Event Staffing (4 hr. minimum)15.00 hr 31.00 576 (4 hr. min) Rehearsals (scheduling permitting)350.00 576 per day *Amphitheater Ticket Surcharge Account (ATSA) ** $1,500.00 or 10% of gross ticket sales wichever is greater plus collection of improvement fee effective 1/1/2009. GENERAL GOVERNMENT FEES All fees effective 07/01/2022 unless otherwise noted MFS Amendment #565 (January 2022) 2/28/20239:43 PM Page 55 CITY OF FRESNO MASTER FEE SCHEDULE MEMORIAL AUDITORIUM RENTAL RATES Fee Description & Unit/Time Current Proposed Amnd Art, Park, Entertainment & Sports (Applicable at all City owned facilities. The Arts, Park, Entertainment and Sports (APES) ticket surcharge fee is to be applied to all tickets sold for attendance to all event types and on each round of golf, irrespective of the ticket selling party, irrespective of ticket price. The City reserves the right to waive the surcharge upon City Manager approval). Per ticket or attendee and on each round of golf 1.00 576 Memorial Auditorium Theater Rental * Per day 250.00 576 Reservation Deposit **576 Up to 3 dates 100.00 4-7 dates 200.00 8 or more dates 300.00 DOWNTOWN MALLS - VENDOR FEES Fee Description & Unit/Time Current Proposed Amnd Portable Stage Set-Up/Take Down 576 Each event 1,200.00 GENERAL GOVERNMENT FEES *All organizations will be required to hire a stagehand(s) from stagehand union Local 158 to operate lighting & sound systems, and will pay the union directly. Minimum call for stagehand (s) is 4 hours. ** 20% of deposit will be withheld for cancellations occurring more than 30 days before the reservation date. Cancellations received less than 30 days prior to reservation will result in loss of deposit. Deposit will be up to 80% refundable depending on the condiiton of the facility after completion of the rental agreement. All fees effective 07/01/2022 unless otherwise noted MFS Amendment #565 (January 2022) 2/28/20239:43 PM Page 56 CITY OF FRESNO MASTER FEE SCHEDULE RIVERSIDE MUNICIPAL GOLF COURSE - GREEN FEES Fee Description & Unit/Time Current Proposed Amnd Art, Park, Entertainment & Sports (Applicable at all City owned facilities.546 The Arts, Park, Entertainment and Sports (APES) ticket surcharge fee is to be applied to all tickets sold for attendance to all event types and on each round of golf, irrespective of the ticket selling party, irrespective of ticket price. The City reserves the right to waive the surcharge upon City Manager approval). Per ticket (or attendee) and on each round of golf 1.00 Weekdays 29.00 32.00 568 576 after 2 p.m. (PST) / after 3pm (PDST)25.00 28.00 Weekends/Holidays (as identified in FMC 3-116)39.00 42.00 568 576 after 2 p.m. (PST) / after 3pm (PDST)27.00 30.00 Tournaments 40.00 43.00 568 576 Seniors (62 and over)20.00 22.00 568 576 Juniors (18 and under)13.00 568 Junior Golf Team 7.00 8.00 568 576 Monthly Cards (restricted to the individual named)554 Seniors (Unlimited)46.00 48.00 576 Surcharge / per round 10.00 568 Juniors (Unlimited )43.25 Surcharge / per round 5.25 568 PARKS, RECREATION, & COMMUNITY SERVICES DEPARTMENT All fees effective 07/01/2022 unless otherwise noted MFS Amendment #565 (January 2022) (3/1/20231:18 PM)Page 57 CITY OF FRESNO MASTER FEE SCHEDULE NEIGHBORHOOD CENTER, PARKS, AND PLAYGROUND FACILITIES Fee Description & Unit/Time Current Proposed Amnd When determined appropriate by the Director, private or non-profit groups requesting to schedule a special event at the neighborhood center, park, or playground facilities may be required to provide security guards from a certified security agency, police officers from the Police Department or additional recreation leaders. The number of security guards, police officers, or recreation leaders required will be determined by the type of event and the estimated attendance. Also, the Director is authorized to waive the user fee for Special Events which are determined to be beneficial to the City of Fresno. A processing fee of $15 will be assessed to issue refunds.15.00 554 Community & Neighborhood Centers**464 Public Purpose, Semi-public, non-profit organizations: Auditorium (per hour/2 hour minimum)45.00 568 Gymnasium (per hour/2 hour minimum)*45.00 568 Meeting rooms (per hour/2 hour minimum)45.00 568 Kitchen and equipment (hour or fraction)60.00 Security/cleaning deposit (flat/80% refundable)100.00 - 500.00 Private groups and organizations, social: Auditorium (per hour/2 hour minimum)90.00 568 Gymnasium (per hour/2 hour minimum)*90.00 568 Meeting rooms (per hour/2 hour minimum)90.00 568 Kitchen and equipment (hour or fraction)90.00 568 Security/cleaning deposit (flat/80% refundable)100.00 - 500.00 Recreation Staff / per hour 45.00 568 Picnic/Pavilion Area** 1/2 day 25.00 Full day 50.00 Maxie L. Parks Neighborhood Center 489 Gymnasium (per hour/2 hour minimum)100.00 Playfield Sport Field / Court ***Delete 554 576 Lighted (per hour / 2 hour minimum)35.00 Standard Time -- after 5 pm Daylight Savings Time -- after 8 pm Unlighted facility (per hour / 2 hour minimum)25.00 489 Security/Cleaning Deposit (per facility) - flat /80% refundable 100.00 - 500.00 Sport Field / Court League / Tournament Preparation / Per Hour 40.00 Delete 554 576 * Gymnasium rates do not apply to Maxie L. Parks Neighborhood Center ** Large organized events are by contract only *** Includes: Softball, Soccer, Futsal, Rugby, Basketball, Cricket, Hockey, Petanque and Bocce Ball **Not applicable for areas reserved for Special Events with increased impact to park such as: runs, walks, or events. Additional cost incurred for City services are the responsibility of reservation holder. Ex. Solid Waste cost for additional trash bins. PARKS, RECREATION, & COMMUNITY SERVICES DEPARTMENT All fees effective 07/01/2022 unless otherwise noted MFS Amendment #565 (January 2022) (3/1/20231:18 PM)Page 58 CITY OF FRESNO MASTER FEE SCHEDULE GENERAL RECREATION FEES Fee Description & Unit/Time Current Proposed Amnd A processing fee of $15 will be assessed to issue refunds.15.00 554 Equipment Rentals 409 Chairs / day 0.50 Tables / day 2.00 CFAS (CPR & First Aid)50.00 Delete 576 Regional Community & Neighborhood Park Group Activity Areas*464 Group size: Up to 200 200.00 201 to 500 350.00 Over 500 500.00 Over 1000 1000.00 525 Performance Bond**175.00 - 500.00 (100% refundable upon successful completion of the rental agreement in accordance with also agreed upon terms and conditions) Cleaning Deposit**New 100-500 576 (Up to 80% refundable dependent on the condition of the facility after completion of the rental agreement) Woodward Park Group Activity Area Group size: Up to 200 (4 hour max)250.00 201 to 500 (4 hour max)500.00 Over 500 (4 hour max)1,000.00 Over 1000 up to max capacity**(4 hour max)2,000.00 489 Note: Cleaning Deposit is based upon the estimated number of attendees to any reserved venue. *Pavillion Group Activity Areas is defined as a pavillion and / or picnic shelter. When reserved for use for a Special Event with increased impact to the park, such as, but not limited to: runs, walks, events with anticipated attendance over 200 or events open to the general public. Additional costs incurred for City services are the responsibility of the reservation holder. Ex. Solid Waste costs for additional trash bins. ** Cleaning deposit and/or Performance Bond may be required for activities in areas outside of designated Group Actvity Areas, including picnic shelters. **Max Capacity is dependent on event setup. PARKS, RECREATION, & COMMUNITY SERVICES DEPARTMENT All fees effective 07/01/2022 unless otherwise noted MFS Amendment #565 (January 2022) (3/1/20231:18 PM)Page 59 CITY OF FRESNO MASTER FEE SCHEDULE GENERAL RECREATION FEES Fee Description & Unit/Time Current Proposed Amnd A processing fee of $15 will be assessed to issue refunds.15.00 554 Regional Park Vehicle Parking Pass 521 Annual vehicle entrance parking pass (good at Roeding and Woodward Parks and Regional Sports Complex): Year round / per motor vehicle 2 vehicles per pass 50.00 528 Senior Citizens (age 65 62 or older)35.00 528 Individuals meeting low-income guidelines as established by 25.00 PG&E’s FERA program 510 Year round / per motor vehicle 5.00 3.00 Holiday rate, per motor vehicle**7.00 521 Roeding Park Picnic Table Reservation Fee*521 Picnic Shelters (full day/year round/per table)20.00 Roeding Park Pergola Rental (half-day)50.00 525 Woodward Park Picnic Table Reservation Fee*489 Year round / per table: Gazebo / Group Activity Area**15.00 525 Picnic shelters 30.00 Woodward Park Redwood Glen Rental (half-day)50.00 525 Urban Growth Management (UGM) Park Fees See Development Fees Department-UGM PARKS, RECREATION, & COMMUNITY SERVICES DEPARTMENT Roeding Regional Park Entrance Parking Fee (Roeding and Woodward Parks and Regional Sports Complex)* Year round / per vehicle in which a senior citizen (age 65 62 or older) is a passenger or driver Note: Park entrance Parking fee shall be waived for motor vehicles displaying a valid Disabled person Placard/Decal, a California state "Gold Star" license plate, or motor vehicles in which a U.S. active duty military member, veteran or family member with proper identification to waive entrance fees. is a passenger or driver, or motor vehicles displaying a California State "Gold Star" license plate. * Director is authorized to waive the user fee/entrance fee for special events which are determined to be beneficial to the City of Fresno ** Holiday rate applies to the following holidays: Easter, Cinco de Mayo (closest weekend), Mother's Day, Memorial Day, Father's Day, Independence Day (observed), Labor Day. All fees effective 07/01/2022 unless otherwise noted MFS Amendment #565 (January 2022) (3/1/20231:18 PM)Page 60 CITY OF FRESNO MASTER FEE SCHEDULE NEIGHBORHOOD CENTER, PARKS, AND PLAYGROUND FACILITIES GENERAL RECREATION FEES Fee Description & Unit/Time Current Proposed Amnd A processing fee of $15 will be assessed to issue refunds.15.00 554 24 x 16 Video Projection System 480 Rental (4 hr minimum)300.00 Recreation staff additional per hr 35.00 Bounce House Permit (need Hold Harmless Agreement & Liability 510 Insurance)20.00 Open Adult Basketball (per day)3.00 Delete 528 576 DOWNTOWN MALLS - VENDOR FEES Fee Description & Unit/Time Current Amnd Portable Stage Set-Up/Take Down 1,200.00 456 Each event PARKS, RECREATION, & COMMUNITY SERVICES DEPARTMENT All fees effective 07/01/2022 unless otherwise noted MFS Amendment #565 (January 2022) (3/1/20231:18 PM)Page 61 CITY OF FRESNO MASTER FEE SCHEDULE GENERAL RECREATION FEES Fee Description & Unit/Time Current Proposed Amnd A processing fee of $15 will be assessed to issue refunds.15.00 554 All Swim Pools / Recreational Swim 568 Adult, age 18 and over 0.00 Youth, age 0 to 17 0.00 Children, age 0 to 5 (must be accompanied by an adult)-0-0.00 576 Special Pool Rentals *510 Private Groups (per hour, 2- hour minimum): 1 to 50 (2 lifeguards)75.00 Delete 576 51 to 100 (3 lifeguards)110.00 Delete 576 101 to 150 (4 lifeguards)145.00 151 to 200 (5 lifeguards)180.00 201 to 250 (6 lifeguards)215.00 251 -300 (7 lifeguards)250.00 510 Swimming Instruction**510 All Swim Pools One session - Ages 3 and up 50.00 528 Individuals meeting low-income guidelines as 32.00 Delete 576 established by PG&E’s FERA program Water Exercise 568 Age 3 and up / per day 0.00 Instructional Classes 546 Lifeguard/CPR/FA/PR 200.00 Lifeguard/CPR/FA/PR Re-Certification 125.00 Community Sports Teams 456 Fees are established by the Parks, Recreation and Community Services Director and may be prorated for a partial season and/or services provided. Baseball / per Team/League 500.00 - 1,250.00 Indoor Soccer / per Team/League 380.00 Outdoor Soccer / per Team/League 585.00 Volleyball / per Team/League 200.00 Basketball / per Team/League 375.00 510 Fast Pitch Softball / per Team/League 460.00 Slow Pitch Softball / per Team/League 350.00 480 Co-ed Softball / per Team/League 350.00 Delete 480 576 Flag Football / per Team/League 405.00 In-line Hockey / per Team/League 250.00 Tournaments / per Team/League 125.00 - 300.00 **Participants that meet eligibility requirements for free lessons are zero cost (under 18, reside in City of Fresno). PARKS, RECREATION, & COMMUNITY SERVICES DEPARTMENT * Insurance must be purchased from City carrier and the number of lifeguards is determined by the pool location, activities, and number of attendees. All fees effective 07/01/2022 unless otherwise noted MFS Amendment #565 (January 2022) (3/1/20231:18 PM)Page 62 CITY OF FRESNO MASTER FEE SCHEDULE GENERAL RECREATION FEES Fee Description & Unit/Time Current Proposed Amnd A processing fee of $15 will be assessed to issue refunds.Delete 554 576 Equipment Rentals Delete 409 576 Chairs / day 0.50 Tables / day 2.00 CFAS (CPR & First Aid)50.00 Delete 464 576 Group size: Up to 200 200.00 201 to 500 350.00 Over 500 500.00 Over 1000 1000.00 525 Performance Bond**175.00 - 500.00 (100% refundable upon successful completion of the rental agreement in accordance with also agreed upon terms and conditions) Cleaning Deposit** (Up to 80% refundable dependent on the condition of the facility after completion of the rental agreement) Group size: Up to 200 250.00 201 to 500 500.00 Over 500 1,000.00 Over 1000 2,000.00 489 Note: Cleaning Deposit is based upon the estimated number of attendees to any reserved venue. * Pavillion Group Activity Area is defined as a pavillion and / or picnic shelter. When reserved for use for a Special Event with increased impact to the park, such as, but not limited to: runs, walks, events with anticipated attendance over 200 or events open to the general public. Additional costs incurred for City services are the responsibility of the reservation holder. Ex. Solid Waste costs for additional trash bins. ** Cleaning deposit and/or Performance Bond may be required for activities in areas outside of designated Group Actvity Areas, including picnic shelters. Regional Community & Neighborhood Park Group Activity Areas* PARKS, RECREATION, & COMMUNITY SERVICES DEPARTMENT All fees effective 07/01/2022 unless otherwise noted MFS Amendment #565 (January 2022) (3/1/20231:18 PM)Page 63 CITY OF FRESNO MASTER FEE SCHEDULE GENERAL RECREATION FEESFee Description & Unit/Time Current Proposed Amnd A processing fee of $15 will be assessed to issue refunds.15.00 554 Regional Sports Complex User Reservation Fee 489 Tournament Play Deposit (80% refundable)500.00 Delete 576 1-3 Fields/Day 500.00 4-6 Fields/Day 750.00 7-9 Fields/Day 1,000.00 Field Usage -Delete 576 Adult - 2 Fields/hr/4hr minimum 15.00 Youth - 2 Fields/hr/4 hr minimum 10.00 Recreation Staff/hr 15.00 Delete 539 576 Tournament Play 489 1 - 3 Fields/Day 500.00 4 - 6 Fields/Day 900.00 7 - 9 Fields/Day 1,300.00 Playfield Sport Field / Court*** Field Reservations**554 576 Lighted (per hour / 2 hour minimum)35.00 Delete 576 Standard Time -- after 5 pm Daylight Savings Time -- after 8 pm Unlighted facility (per hour / 2 hour minimum)25.00 Delete 489 576 Per field, per organization, per day / 4 hour max New 25.00 576 Security/Cleaning Deposit (per facility) - flat / 80% refundabe 100.00-500.00 Delete 576 Sport Field / Court League / Tournament Preparation / per hour 40.00 45.00 576 Vendor Fees 464 Temporary Vendor Fee (Daily per site) *75.00-150.00 Community & Neighborhoods Parks Tennis Outdoor Courts 3.00 510 576 Per court / per hour Youth Organization Field Reservations** 480 576 1-2 Fields per month Per field, per organization, per day / 4 hour max 250.00 25.00 576 3-4 Fields per month, per organization 500.00 Delete 576 Tournament (All Star) Flat Fee Per Day**480 1-3 Fields per day 100.00 500.00 576 4 or more Fields per day 150.00 750.00 576 Security/Cleaning Deposit (per facility) - flat / 80% refundabe New 500.00 576 Sport Field / Court League / Tournament Preparation / per hour 40.00 45.00 554 576 * The Director is authorized to waive the user fee for Temporary Vendor if activity determined to be beneficial to the City of Fresno. ** Organizations must have a valid non-profit ID number to qualify. The monthly fee will be reduced by 50% with proof that the league has more than half of their children participating in a free or reduced cost lunch program. **Organizations with a valid non-profit ID number qualify for reduced fee. The fee will be reduced by 15%. ** Mthly reservation fee not available at the Regional Sports Complex, and Fig Garden Baseball Park. PARKS, RECREATION, & COMMUNITY SERVICES DEPARTMENT All fees effective 07/01/2022 unless otherwise noted MFS Amendment #565 (January 2022) (3/1/20231:18 PM)Page 64 CITY OF FRESNO MASTER FEE SCHEDULE GENERAL RECREATION FEES Fee Description & Unit/Time Current Proposed Amnd A processing fee of $15 will be assessed to issue refunds. 15.00 554 Woodward Park Rotary Amphitheater**477 Daily Rental ** 1,500.00 or 10% Concession Fee 35% payment of gross 477 event concession revenue Performance Bond 175.00 - 500.00 477 (100% refundable upon successful completion of the rental agreement in accordance with also agreed upon terms and conditions) Cleaning Deposit 1,000.00 477 (Up to 80% refundable dependent on the condition of the facility after completion of the rental agreement) Improvement Fee per ticket ATSA*3.00 528 Event Staffing (4 hr. minimum)15.00 hr 31.00 hr 539 576 (4 hr. min) Rehearsals (scheduling permitting)350.00 477 per day Dance Instruction (per fiscal year)510 New Student 75.00 Returning Student 55.00 *Amphitheatre Ticket Surcharge Account (ATSA) ** $1,500.00 or 10% of gross ticket sales wichever is greater plus collection of improvement fee effective 1/1/2009. PARKS, RECREATION, & COMMUNITY SERVICES DEPARTMENT All fees effective 07/01/2022 unless otherwise noted MFS Amendment #565 (January 2022) (3/1/20231:18 PM)Page 65 CITY OF FRESNO MASTER FEE SCHEDULE GENERAL RECREATION FEES Fee Description & Unit/Time Current Proposed Amnd A processing fee of $15 will be assessed to issue refunds. 15.00 554 Japanese Garden*521 Entrance fee: Under 4 years of age -0-0.00 576 4 to 14 year 1.00 Over 14 years 5.00 Family maximum (Up to 5 persons) 7.00 Senior Citizens (62 years and older)1.00 Free day, all persons Free Waiver: The Director is authorized to waive the entrance fee for the following: • Organized groups with mentally or physically handicapped persons; • Organized classrooms from any schools that have joint use agreement with the City of Fresno Parks, Recreation and Community Service Department; • Members in good standing of the Fresno Japanese Garden Society; and • Organized groups of adults for whom the Director determines that the general public will derive a substantial benefit, with no group being so admitted more than once each year. Mobile Science Unit 456 Recreation staff / per hour (2 4 hours minimum)50.00 146.00 464 576 Vehicle preparation fee + miles 50.00 + 1.75/per mile Project Cost / per participant up to 7.00 Delete 576 Non-Resident** 521 Recreation staff / per hour (2 4 hours minimum)50.00 146.00 576 Vehicle preparation fee + miles 125.00 + 1.75 per mile Project Cost / per participant up to 7.00 510 Day Camp Fee 35.00-300.00 * Children under 12 years of age are not permitted in the Japanese Garden without supervision. ** Applies to locations outside of Fresno, CA. PARKS, RECREATION, & COMMUNITY SERVICES DEPARTMENT Day Camps (Action Sports, Youth Sports and Summer Day Camps) All fees effective 07/01/2022 unless otherwise noted MFS Amendment #565 (January 2022) (3/1/20231:18 PM)Page 66 CITY OF FRESNO MASTER FEE SCHEDULE GENERAL RECREATION FEES Fee Description & Unit/Time Current Proposed Amnd A processing fee of $15 will be assessed to issue refunds. 15.00 554 Regional Park Vehicle Pass Delete 521 576 Annual vehicle entrance pass (good at Roeding and Woodward Parks and Regional Sports Complex): Year round / per motor vehicle 50.00 528 Senior Citizens (age 65 or older)35.00 528 Individuals meeting low-income guidelines as established by 25.00 PG&E’s FERA program Delete 510 576 Year round / per motor vehicle 5.00 3.00 Holiday rate, per motor vehicle**7.00 521 Roeding Park Picnic Table Reservation Fee*Delete 521 576 Picnic Shelters (full day/year round/per table)20.00 Roeding Park Pergola Rental (half-day)50.00 Delete 525 576 Tennis Courts Delete 510 576 Per court / per hour 3.00 Skate and Bike Park Facility Rental 489 Modular Park Rental/per hour (2 minimum) Up to 50 participants allowed 35.00 45.00 576 Concrete Park Rental/per hour (2 minimum) Up to 100 participant allowed 50.00 90.00 576 Option fee: Onsite Instructor/per hour Multiple instructors available for large groups 15.00 45.00 576 Security/Cleaning Deposit 9 per facility)-flat/80% refundable 100.00 * Director is authorized to waive the user fee/entrance fee for special events which are determined to be beneficial to the City of Fresno. PARKS, RECREATION, & COMMUNITY SERVICES DEPARTMENT Note: Park entrance fee shall be waived for motor vehicles displaying a valid Disabled person Placard/Decal, or motor vehicles in which a U.S. active duty military member or family member with proper identification is a passenger or driver, or motor vehicles displaying a California State "Gold Star" license plate. ** Holiday rate applies to the following holidays: Easter, Cinco de Mayo (closest weekend), Mother's Day, Memorial Day, Father's Day, Independence Day (observed), Labor Day. Year round / per vehicle in which a senior citizen (age 65 or older) is a passenger or driver Roeding Park Entrance Fee (Roeding and Woodward Parks and Regional Sports Complex)* All fees effective 07/01/2022 unless otherwise noted MFS Amendment #565 (January 2022) (3/1/20231:18 PM)Page 67 CITY OF FRESNO MASTER FEE SCHEDULE GENERAL RECREATION FEES Fee Description & Unit/Time Current Proposed Amnd A processing fee of $15 will be assessed to issue refunds.Delete 554 576 Woodward Park Picnic Table Reservation Fee*Delete 489 576 Year round / per table: Gazebo / Group Activity Area**15.00 525 Picnic shelters 30.00 Woodward Park Redwood Glen Rental (half-day)50.00 Delete 525 576 Urban Growth Management (UGM) Park Fees See Development Fees Department-UGM * Director is authorized to waive the user fee for special events which are determined to be beneficial to the City of Fresno. Security may be required at the discretion of the Director of Parks, After School, Recreation and Community Services. Cleaning deposit and/or performance bond may be required for special events. Fees for cleaning deposit and/or performance bond are not included in reservation fees and may be charged to all groups at the rates listed in the Master Fee Schedule. ** Group Activity Area table are only available on Select dates and are reservable in groups of two or four tables. PARKS, RECREATION, & COMMUNITY SERVICES DEPARTMENT All fees effective 07/01/2022 unless otherwise noted MFS Amendment #565 (January 2022) (3/1/20231:18 PM)Page 68 CITY OF FRESNO MASTER FEE SCHEDULE MEMORIAL AUDITORIUM RENTAL RATES Fee Description & Unit/Time Current Amnd Art, Park, Entertainment & Sports (Applicable at all City owned facilities. The Arts, Park, Entertainment and Sports (APES) ticket surcharge fee is to be applied to all tickets sold for attendance to all event types and on each round of golf, irrespective of the ticket selling party, irrespective of ticket price. The City reserves the right to waive the surcharge upon City Manager approval). Per ticket or attendee and on each round of golf 1.00 546 Memorial Auditorium Theater Rental *521 Per day 250.00 Reservation Deposit **464 Up to 3 dates 100.00 4-7 dates 200.00 8 or more dates 300.00 PARKS, RECREATION, & COMMUNITY SERVICES DEPARTMENT ** 20% of deposit will be withheld for cancellations occurring more than 30 days before the reservation date. Cancellations received less than 30 days prior to reservation will result in loss of deposit. Deposit will be up to 80% refundable depending on the condiiton of the facility after completion of the rental agreement. *All organizations will be required to hire a stagehand(s) from stagehand union Local 158 to operate lighting & sound systems, and will pay the union directly. Minimum call for stagehand (s) is 4 hours. All fees effective 07/01/2022 unless otherwise noted MFS Amendment #565 (January 2022) (3/1/20231:18 PM)Page 69 CITY OF FRESNO MASTER FEE SCHEDULE FEES MAINTAINED UNDER CONTRACT AGREEEMENT CAMP FRESNO FEES Fee Description & Unit/Time Current Proposed Amnd A processing fee of $15 will be assessed to issue refunds.15.00 554 Camp Fresno Family Camp**^*498 Memorial Day Weekend through first three weeks in September: * City of Fresno Resident 525 576 1 bedroom / per week (7 days/6 nights)270.00 383.00 1 bedroom / per day 50.00 74.00 2 bedroom / per week (7 days/6 nights)487.00 600.00 2 bedroom / per day 84.00 108.00 Other months: Non City of Fresno Resident**576 1 bedroom / per week (7 days/6 nights)221.00 460.00 1 bedroom / per day 37.00 89.00 2 bedroom / per week (7 days/6 nights)379.00 720.00 2 bedroom / per day 69.00 130.00 Improvements Surcharge:Delete 576 Per cabin / per week 113.00 Per cabin / per day 24.00 Reservation deposit prior to April 1st (applied to rental only)75.00 450 After April 1st Total Rental Graffiti Removal / per incident 30.00 *Recreation Hall / per day 150.00 485 * The first two weeks of the season are open to City of Fresno residents only. **Rates shall be administratively adjusted annually beginning January 1, 2023 to reflect the 12 month percentage change in the U.S. Bureau of labor Statistics Consumer Price Index (CPI) (Urban Wage Earners and Clerical workers for the San Fransisco-Oakland-San Jose area), for the most current month that data is available. **A non-resident is an individual who lives outside of the City of Fresno limits. PARKS, RECREATION, & COMMUNITY SERVICES DEPARTMENT All fees effective 07/01/2022 unless otherwise noted MFS Amendment #565 (January 2022) (3/1/20231:18 PM)Page 70 CITY OF FRESNO MASTER FEE SCHEDULE FEES MAINTAINED UNDER CONTRACT AGREEEMENT CAMP FRESNO FEES Fee Description & Unit/Time Current Proposed Amnd A processing fee of $15 will be assessed to issue refunds. 15.00 554 Camp Fresno Jr.**^525 Memorial Day Weekend through first three weeks in September: Organization Camp: City of Fresno Resident 576 Group rate / per week 2,517.00 3,082.00 Group rate / per day 480.00 576.00 Other months: Non City of Fresno Resident **576 Group rate / per week 2,263.00 3,698.00 Group rate / per day 457.00 691.00 Improvements Surcharge:Delete 576 Group rate / per week 565.00 Group rate / per day 96.00 Reservation deposit / per reserved cabin 250.00 Security deposit / per organization 100.00 Graffiti Removal / per incident 30.00 Camp Day Use Permit 450 Per Vehicle 5.00 **Rates shall be administratively adjusted on January 1st annually to reflect the 12 month percentage change in the U.S. Bureau of labor Statistics Consumer Price Index (CPI) (Urban Wage Earners and Clerical workers for the San Fransisco-Oaklan-San Jose area), for the most current month that data is available. in accordance with Reso No. 2015-234. Reso No. 2015-234 will expire five years from the date of its adoption. **A non-resident is an individual who lives outside of the City of Fresno limits. PARKS, RECREATION, & COMMUNITY SERVICES DEPARTMENT All fees effective 07/01/2022 unless otherwise noted MFS Amendment #565 (January 2022) (3/1/20231:18 PM)Page 71 CITY OF FRESNO MASTER FEE SCHEDULE FEES MAINTAINED UNDER CONTRACT AGREEMENT Fee Description & Unit/Time Current Proposed Amnd Community Garden Facilities 484 Application Fee/ Full Year 5.00 per plot Monthly Plot Fee 3.00 per plot ACTION SPORTS FEES Fee Description & Unit/Time Current Proposed Amnd A processing fee of $15 will be assessed to issue refunds.15.00 554 FEES MAINTAINED UNDER CONTRACT AGREEMENT Annual Membership - National Bicycle League 45.00 468 Local Race Fee - per rider*12.00 Local Practice - per rider 6.00 BMX/Skate Contest Fees 489 Amateur Contest/Per Entry 15.00 Pro Contest/Per Entry 30.00 PARKS, RECREATION, & COMMUNITY SERVICES DEPARTMENT * Family Local Race Discount: First two riders pay full price and 3rd or more riders receive 50% discount. All fees effective 07/01/2022 unless otherwise noted MFS Amendment #565 (January 2022) (3/1/20231:18 PM)Page 72 Type of Change Fee Change Current Annual Annual Change Comments FRESNO CHANDLER DOWNTOWN AIRPORTS Fee Description & Unit/Time Current Proposed Amnd Commercial Aviation Permit 576 New 250.00 Per Month New 250.00 Commercial Aviation Flight School Permit 576 New 250.00 Annual Permit New 250.00 Rentals Hangar Waitlist Fees New 150.00 576 New 12,000.00 Admin Fee $50.00 (non-refundable) plus $100.00 Fee (refundable or applied to Security Deposit) Chandler Airport T-Hangar Hangar per month 245.00 300.00 576 Increase 55.00 Chandler Hi-Low Multi-Aircraft Hangar Hangar per month 150.00 200.00 576 Increase 50.00 Chandler Multiple Aircraft Hangar Aircraft per month 175.00 225.00 576 Increase 50.00 Chandler T-Hangar Storage Hangar Storage per month 30.00 100.00 576 Increase 70.00 Chandler Shade Hangar Hangar per month 95.00*125.00 576 Increase 30.00 FRESNO CHANDLER DOWNTOWN AIRPORTS Fee Description & Unit/Time Current Proposed Amnd Chandler Office in Terminal Building Small - Office per month New 210.00 576 New Large - Office per month 150.00 265.00 576 Increase 115.00 Chandler Conference Room in Terminal Building 576 New 2,500.00 Half Day New 50.00 Daily New 100.00 FY 2024 Proposed Master Fee Schedule Updates - Airports Summary Exhibit "A" Page Redline Changes Always receives numerous requests to hold special events. The fees will recover the cost it take to set up the conference room, cleaning, monitoring, and any other admin cost such electricity. AIRPORTS Page 11 This permit is for individual conducting business on the Aiport premises (ie. repairing private aircrafts or private flight lesson). The fee will be to recover the cost in processing the permit and the administration time that it requires. The permit will also require tenants to maintain liability insurance to protect the City from any commercial operations that might be taking place on their airfield. 135,280.00 132,885.00 AIRPORTS Page 10 The non refundable one-time admistrative fee of $50 is for upkeep and staff time working on contacts on the list when the Hangar becomes available. The additional $100 fee is applied towards the lease if the waitlist follows through. Fee is in line with other like general aviation airports in how they handle waiting list for aircraft hangar request. Always sought out for use. Currently there is a flat rate of $150 per month for rental of the office space at FCH. The revised fee will allows for properly charging based on office size. The per square foot rate is consistent with both sizes, at $1.25 sq.ft. 3,600.00 5,000.00 Current fees have not been updated since 2015. Current hangar fees need to be updated to maintain Fair Market Value. Benchmark Airports used to determine Fair Market value are Reddley Municipal Airport and William Robert Johnston Municipal Airport in Mendota. 2,100.00 Revised 2/24/2023 Type of Change Fee Change Current Annual Annual Change Comments GENERAL RECREATION FEES New section duplicated from PARCS Fee Description & Unit/Time Current Proposed Amnd A processing fee of $15 will be assessed to issue refunds.15.00 576 Increase (15.00) 100.00 800.00 For labor charges - Staff Analyst, Senior/Principal Account Clerk processing and cutting check 24 x 16 Video Projection System 576 Duplicate Rental (4 hr minimum)300.00 Recreation staff additional per hr 35.00 Bounce House Permit (need Hold Harmless Agreement & Liability 576 Duplicate Insurance)20.00 Woodward Park Rotary Amphitheater**576 Duplicate Daily Rental **1,500.00 or 10% Concession Fee 35% payment of gross 576 Duplicate event concession revenue Performance Bond 175.00 - 500.00 576 Duplicate (100% refundable upon successful completion of the rental agreement in accordance with also agreed upon terms and conditions) Cleaning Deposit 1,000.00 576 Duplicate (Up to 80% refundable dependent on the condition of the facility after completion of the rental agreement) Improvement Fee per ticket ATSA*3.00 576 Duplicate Event Staffing (4 hr. minimum)15.00 hr (4 hr.min)31.00 576 Duplicate 2,000.00 4,000.00 Special Events added to General Govt. Fee increase reflects minimum wage and indirect administrative staff. Rehearsals (scheduling permitting)350.00 576 Duplicate Special Events added to General Govt per day *Amphitheater Ticket Surcharge Amount (ATSA). ** $1,500.00 or 10% of gross ticket sales whichever is greater plus collection of improvement fee effective 1/1/2009.Text Special Events added to General Govt Special Events will stay in PARCS, but will be added to General Govt FY 2024 Proposed Master Fee Schedule Updates - City Manager's Office Summary Exhibit "A" Page Redline Changes General Govt Page 55 Revised 2/28/2023 Type of Change Fee Change Current Annual Annual Change Comments FY 2024 Proposed Master Fee Schedule Updates - City Manager's Office Summary Exhibit "A" Page Redline Changes MEMORIAL AUDITORIUM RENTAL RATES Fee Description & Unit/Time Current Proposed Amnd Art, Park, Entertainment & Sports (Applicable at all City owned facilities. The Arts, Park, Entertainment and Sports (APES) ticket surcharge fee is Special Events added to General Govt to be applied to all tickets sold for attendance to all event types and on each round of golf, irrespective of the ticket selling party, irrespective of ticket price. The City reserves the right to waive the surcharge upon City Manager approval). Per ticket or attendee and on each round of golf 1.00 576 Duplicate 1,780.00 5,340.00 Special Events added to General Govt. Fee proposed to increase in PARCS to match all other City APES fees. Memorial Auditorium Theater Rental *576 Duplicate Per day 250.00 Reservation Deposit **576 Duplicate Up to 3 dates 100.00 Duplicate 4-7 dates 200.00 Duplicate 8 or more dates 300.00 Duplicate DOWNTOWN MALLS - VENDOR FEES Fee Description & Unit/Time Current Proposed Amnd Portable Stage Set-up / Take Down 576 Duplicate Special Events will stay in PARCS, but will be added to General Govt Each Event 1,200.00 Special Events added to General Govt General Govt Page 56 *All organizations will be required to hire a stagehand(s) from stagehand union Local 158 to operate lighting & sound systems, and will pay the union directly. Minimum call for stagehand (s) is 4 hours. ** 20% of deposit will be withheld for cancellations occurring more than 30 days before the reservation date. Cancellations received less than 30 days prior to reservation will result in loss of deposit. Deposit will be up to 80% refundable depending on the condition of the facility after completion of the rental agreement. Revised 2/28/2023 Type of Change Fee Change Current Annual Annual Change Comments RIVERSIDE MUNICIPAL GOLF COURSE - GREEN FEES Fee Description & Unit/Time Current Proposed Amnd Weekdays 29.00 32.00 568 576 Increase 3.00 after 2 p.m. (PST) / after 3pm (PDST)25.00 28.00 568 576 Increase 3.00 Weekends/Holidays (as identified in FMC 3-116)39.00 42.00 568 576 Increase 3.00 after 2 p.m. (PST) / after 3pm (PDST)27.00 30.00 568 576 Increase 3.00 Tournaments 40.00 43.00 568 576 Increase 3.00 Seniors (62 and over)20.00 22.00 568 576 Increase 2.00 Junior Golf Team 7.00 8.00 568 576 Increase 1.00 Monthly Cards (restricted to the individual named) Seniors (Unlimited)46.00 48.00 568 576 Increase 2.00 NEIGHBORHOOD CENTER, PARKS, AND PLAYGROUND FACILITIES Fee Description & Unit/Time Current Proposed Amnd When determined appropriate by the Director, private or non-profit groups requesting to schedule a special event at the neighborhood center, park, or playground facilities may be required to provide security guards from a certified security agency, police officers from the Police Department or additional recreation leaders. The number of security guards, police officers, or recreation leaders required will be determined by the type of event and the estimated attendance. Also, the Director is authorized to waive the user fee for Special Text Remove Text Events which are determined to be beneficial to the City of Fresno. Community & Neighborhood Centers **Text Picnic / Pavilion Area **25.00 Text Playfield Sport Field / Court ***Delete 554 576 Lighted (per hour / 2 hour minimum)35.00 Standard Time - after 5pm Daylight Savings Time - after 8pm Unlighted faaciltiy (per hour / 2 hour minimum)25.00 489 Security / Cleaning Deposit (per facility) - flat/80% refundable 100.00-500.00 Sport Field / Court League / Tournament Preparation / Per Hour 40.00 Delete 554 576 Delete ** Large organized events are by contract only Delete Text *** Includes: Softball, Soccer, Futsal, Rugby, Basketball, Cricket, Hockey, Petanque and Bocce Ball Delete No longer needed.Was part of the Playfield Sport Field / Court which was moved to a page 62. When moved 3 asterixs were then removed. FY 2024 Proposed Master Fee Schedule Updates - PARCS Summary Exhibit "A" Page Redline Changes PARCS Page 57 CPI Increase June 21-22 with a max factor of 7.596%. Total fee increases are 6.568% of all green fees which does not exceed the max factor. PARCS Page 58 Moved from page 58 to page 64 Moved Filed/Court Reservation to the same section that has Regional Sport Complex field reservations. ** Not applicable for areas reserved for Special Events with increased impact to park such as, but not limted to: runs, walks, or events. Additional cost incurred for City services are the responsibility of reservation holder. Ex. Solid Waste cost for additional trash bins. 47,661.00 1,588,700.00 Revised 2/28/2023 Type of Change Fee Change Current Annual Annual Change Comments FY 2024 Proposed Master Fee Schedule Updates - PARCS Summary Exhibit "A" Page Redline Changes GENERAL RECREATION FEES Fee Description & Unit/Time Current Proposed Amnd processing and cutting check Equipment Rentals 409 Chairs / day 0.50 Tables / day 2.00 CFAS (CPR & First Aid)50.00 Delete 576 Delete 464 Group size: Up to 200 200.00 201 to 500 350.00 Over 500 500.00 Over 1000 1000.00 525 Performance Bond **175.00 - 500.00 (100% refundable upon successful completion of the rental agreement in accordance with also agreed upon terms and conditions) Cleaning Deposit **New 100-500 576 $100-$500 3,790.00 NA (Up to 80% refundable dependent on the condition of the facility after completion of the rental agreement) Woodward Park Group Activity Area 576 Text Added title "Woodward Group Activity Area" Group size: Up to 200 (Max 4 hour)250.00 201 to 500 (Max 4 hour)500.00 Over 500 (Max 4 hour)1,000.00 Over 1000 up to max capacity **(Max 4 hour)2,000.00 489 Confirmed Max capacity is 10K square feet and also dependant of event setup. Added "up to max capacity" Note: Cleaning Deposit is based upon the estimated number of attendees to any reserved venue. * Pavillion Group Activity Area is defined as a pavillion and / or picnic shelter. When reserved for use for a Special Event with increased impact to the park, such as, but not limited to: runs, walks, events with anticipated attendance over 200 or events open to the general public. Additional costs incurred for City services are the responsibility of the reservation holder. Ex. Solid Waste costs for additional trash bins. **Max capacity is dependant on event setup.Text Added footnote ** Cleaning deposit and/or Performance Bond may be required for activities in areas outside of designated Group Delete Actvity Areas, including picnic shelters. PARCS Page 59 Moved from pg 63 to 59 Removed charge for CPR & First Aid equipment rents - no charge for rentals Regional Community & Neighborhood Park Group Activity Areas* Text and Moved from page 63 to 59 Moved to include with Regional and Neighorhood Park Group area rentals. Cleaning Deposit did not have a value previously stated in master fee which was being charged. The fee charged is based on the number of attendees. Moved from page 63 to 59 Up to 200, requires 1 staff labor; up to 500, requires 2 staff labor for pre and post clean up, stock restrooms. Added "max 4 hour" time limit to all group size fees. Update footnote Removing footnote. Revised 2/28/2023 Type of Change Fee Change Current Annual Annual Change Comments FY 2024 Proposed Master Fee Schedule Updates - PARCS Summary Exhibit "A" Page Redline Changes GENERAL RECREATION FEES Fee Description & Unit/Time Current Proposed Amnd Regional Park Vehicle Parking Pass 521 576 Annual vehicle parking entrance pass (good at Roeding and Woodward Parks and Regional Sports Complex): Year round / per motor vehicle 2 vehicles per pass 50.00 528 replace text with "2 motor vehicles per permit" Average family household has 2 vehicles. Senior Citizens (age 62 65 or older)35.00 528 Individuals meeting low-income guidelines as established by 25.00 PG&E's FERA program 510 5.00 3.00 7.00 521 3.00 Roeding Park Picnic Table Reservation Fee*521 Picnic Shleters (full day/year round/per table) 20.00 Roeding Park Pergola Rental (half-day)50.00 525 Woodward Park Picnic Table Reservation Fee*489 Year round / per table: Gazebo / Group Activity Area**15.00 525 Removed Group Activity Area, fee is on page 57 Picnic shelters 30.00 Woodward Park Redwood Glen Rental (half-day)50.00 Urban Growth Management (UGM) Park Fees Updated text to include Veteran * Director is authorized to waive the user fee/entrance fee for special events which are determined to be beneficial to the City of Fresno. Year round / per motor vehicle in which a senior citizen (age 65 62 or older) is a passenger or driver Holiday rate, per motor vehicle ** Year round / per vehicle in which a senior citizen (age 62 65 or older) is a passenger or driver Remove "Citizen" in text and reduce age to match CDBG requirements Text and Moved from page 68 to 60 Moved to flow from Group Area to Regionals and picnic areas See Development Fees Department-UGM Text and Moved from page 67 to 60 Moved to flow from group Areas to Regionals and picnic areas Remove "Citizen" in text and reduce age to match CDBG requirements Roeding Regional Park Entrance Parking Fee (Roeding and Woodward Parks and Regional Sports Complex)* Year round / 2 per motor vehicle pass Note: Park entrance Parking fee shall be waived for motor vehicles displaying a valid Disabled person Placard/Decal, a CA State "Gold Star" license plate, or motor vehicles in which a U.S. active duty military member Veteran or family member, with proper identification to waive entrance fees. is a passenger or driver, or motor vehicles displaying a California State "Gold Star" license plate.Move from page 67 to 60 ** Holiday rate applies to the following holidays: Easter, Cinco de Mayo (closest weekend), Mother's Day, Memorial Day, Father's Day, Independence Day (observed), Labor Day. PARCS Page 60 Revised 2/28/2023 Type of Change Fee Change Current Annual Annual Change Comments FY 2024 Proposed Master Fee Schedule Updates - PARCS Summary Exhibit "A" Page Redline Changes GENERAL RECREATION FEES NEIGHBORHOOD CENTER, PARKS, AND PLAYGROUND FACILITIES Fee Description & Unit/Time Current Proposed Amnd 24 x 16 Video Projection System 480 Duplicated Rental (4 hr minimum)300.00 Recreation staff additional per hr 35.00 Bounce House Permit (need Hold Harmless Agreement & Liability 510 Duplicated Insurance)20.00 Open Adult Basketball (per day)3.00 Delete 528 576 Delete No longer required DOWNTOWN MALLS - VENDOR FEES Fee Description & Unit/Time Current Proposed Amnd Portable Stage Set-up / Take Down 456 Duplicate Special Events will stay in PARCS, but will be added to General Govt Each Event 1200.00 GENERAL RECREATION FEES Fee Description & Unit/Time Current Proposed Amnd All Swim Pools/Recreational Swim 568 576 Text Update name for transparency Children, age 0 to 5 (must be accompanied by an adult)-0- 0.00 Update Update format to match other line charges Special Pool Rentals *510 576 Private Groups (per hour, 2- hour minimum): 1 to 50 (2 lifeguards)75.00 Delete 576 Delete 51 to 100 (3 lifeguards)110.00 Delete 576 Delete 101 to 150 (4 lifeguards)145.00 576 Text 151 to 200 (5 lifeguards)180.00 576 Text 201 to 250 (6 lifeguards)215.00 576 Text 251 -300 (7 lifeguards)250.00 510 576 Text Swimming Instruction**510 Text Add: **footnote for free lessons if eligible All Swim Pools One session - Ages 3 and up 50.00 528 32.00 Delete 576 Delete Removed fee and added it as "**" footnote to Swim Instruction. Community Sports Teams 456 Co-ed Softball / per Team/League 350.00 Delete 480 576 Delete Remove Co ed is the same as slow pitch Text Number of attendees removed above due to factors listed in the updated footnote. Text PARCS Page 61 Update header to General Recreation Fees (for Special Event items) Special Events will stay in PARCS, but will be added to General Govt PARCS Page 62 Senior Guard 1 - additional lifeguard is $16.50 per hour 7.6% Fringe Lifeguard cert: $ 35 for City staff Individuals meeting low-income guidelines as established by PG&E’s FERA program ** Participants that meet eligibility requirements for free lessons are zero cost (under 18, reside in City of Fresno). * Insurance must be purchased from City carrier and the number of lifeguards is determined by the pool location, activities, and the number of attendees. remove count of people and include just # of lifeguards min 4 lifeguards Revised 2/28/2023 Type of Change Fee Change Current Annual Annual Change Comments FY 2024 Proposed Master Fee Schedule Updates - PARCS Summary Exhibit "A" Page Redline Changes GENERAL RECREATION FEES Fee Description & Unit/Time Current Proposed Amnd A processing fee of $45 15 will be assessed to issue refunds.15.00 Delete 554 576 Equipment Rentals Delete 409 576 Chairs / day 0.50 Tables / day 2.00 CFAS (CPR & First Aid)50.00 Delete 464 576 Group size: Up to 200 200.00 201 to 500 350.00 Over 500 500.00 Over 1000 1000.00 525 Performance Bond**175.00 - 500.00 (100% refundable upon successful completion of the rental agreement in accordance with also agreed upon terms and conditions) Cleaning Deposit** (Up to 80% refundable dependent on the condition of the facility after completion of the rental agreement) Group size: Up to 200 250.00 201 to 500 500.00 Over 500 1,000.00 Over 1000 2,000.00 489 *Max capacity is dependant on event setup Note: Cleaning Deposit is based upon the estimated number of attendees to any reserved venue. * Pavillion Group Activity Area is defined as a pavillion and / or picnic shelter. When reserved for use for a Special Event with increased impact to the park, such as, but not limited to: runs, walks, events with anticipated attendance over 200 or events open to the general public. Additional costs incurred for City services are the responsibility of the reservation holder. Ex. Solid Waste costs for additional trash bins. ** Cleaning deposit and/or Performance Bond may be required for activities in areas outside of designated Group Actvity Areas, including picnic shelters. PARCS Page 63 Moved from Page 63 to 59 Moved for better flow of fees, after facility reservations Regional Community & Neighborhood Park Group Activity Areas* Revised 2/28/2023 Type of Change Fee Change Current Annual Annual Change Comments FY 2024 Proposed Master Fee Schedule Updates - PARCS Summary Exhibit "A" Page Redline Changes GENERAL RECREATION FEES Fee Description & Unit/Time Current Proposed Amnd Regional Sports Complex User Reservation Fee 489 Tournament Play Add Add language identifying Tournament Play rates at RSC. Deposit (80% refundable)500.00 Delete 576 Delete Deleteing duplicate fee Field Usage Delete 576 Delete Adult - 2 Fields/hr/4hr minimum 15.00 Delete Youth - 2 Fields/hr/4 hr minimum 10.00 Delete Recreation Staff/hr 15.00 Delete 539 576 Delete Playfield Sport Field / Court *** Field Reservations **554 576 Moved from Neighborhood Parks section page 56 to field reservations section Lighted (per hour / 2 hour minimum)35.00 Delete 576 Standard Time - after 5pm Daylight Savings Time - after 8pm Unlighted faaciltiy (per hour / 2 hour minimum)25.00 Delete 576 Per Field, per organization, per day / 4 hour max New 25.00 576 25.00 Update to the Field Usage rate, revised language, added 4 hour max and per day Security / Cleaning Deposit (per facility) - flat/80% refundable 100.00-500.00 Delete 576 Sport Field / Court League / Tournament Preparation / Per Hour 40.00 45.00 576 5.00 1,200.00 2,400.00 Update for CRA rate. $45 per hour for 20 events a year. Community & Neighborhood Parks Text Added title to separate from Regional Sports Complex Tennis Outdoor Court Per court / per hour 3.00 510 576 Youth Organization Field Reservations ** 480 576 Text 1-2 Per Field per month, per organization, per day/4 hour max 250.00 25.00 576 Decrease (225.00) 3-4 Fields per month, per organization 500.00 Delete 576 Decrease Tournament (All Star) Flat Fee Per Day **480 576 Text 1-3 Fields per day 100.00 500.00 576 Increase 400.00 0.00 500.00 4 or more Fields per day 150.00 750.00 576 Increase 600.00 0.00 700.00 Security / Cleaning Deposit (per facility) flat / 80% refundable New 500.00 576 Increase 500.00 Added Security Deposit for flat $500 rate similar language to RSC. Sport Field / Court League / Tournament Preparation / Per Hour 40.00 45.00 554 576 Increase 5.00 1,200.00 2,400.00 Update for CRA rate. $45 per hour for 20 events a year. Delete Update discounted 50% to 15% for non profit proof that the league has more than half of their children participating in a free or reduced cost lunch program. ** Mthly reservation fee not available at the Regional Sports Complex, and Fig Garden Baseball Park.Delete No monthly fees for rentals ** Organizations with a must have a valid non-profit ID number to qualify for reduced fee. The monthly fee will be reduced by 15 50% with PARCS Page 64 Removed to add field reservations rates per organization with 4 hour max Staff Rate included below. Moved from page 58 to 64 Removed lighted vs unlighted, staff no longer needed to physically turn on. Moved from pg Moved from under Roeding Park to page with Field/Court reservations This reduces the exclusive use of fields at neighborhood parks. This makes the tournament rate at neighborhood park same as rate at Regional Sport Complex. Revenue is based on 3 practices per week for an average of 7 groups. 7,000.00 6,650.00 Remove "All Star" to make general Tournament Flat Fee. Revenue is currently at zero as fees were charged under RSC above and have now been distinguished as Community and & Neighborhood Park fees. Revised 2/28/2023 Type of Change Fee Change Current Annual Annual Change Comments FY 2024 Proposed Master Fee Schedule Updates - PARCS Summary Exhibit "A" Page Redline Changes GENERAL RECREATION FEES Fee Description & Unit/Time Current Proposed Amnd Woodward Park Rotary Amphitheater**Duplicate Daily Rental **1,500.00 or 10% Concession Fee 35% payment of gross Duplicate event concession revenue Performance Bond 175.00 - 500.00 Duplicate (100% refundable upon successful completion of the rental agreement in accordance with also agreed upon terms and conditions) Cleaning Deposit 1,000.00 Duplicate (Up to 80% refundable dependent on the condition of the 554 facility after completion of the rental agreement) Improvement Fee per ticket ATSA*3.00 Duplicate Event Staffing (4 hr. minimum)15.00 hr 31.00 hr 576 Duplicate (4 hr. min) Rehearsals (scheduling permitting)350.00 Duplicate per day * Amphitheater Ticket Surcharge Account (ATSA)Text Added ATSA Definition ** $1,500.00 or 10% of gross ticket sales whichever is greater plus collection of improvement fee effective 1/1/2009. GENERAL RECREATION FEES Fee Description & Unit/Time Current Proposed Amnd Japanese Garden*521 576 Under 4 years of age 0 0.00 Update Senior Citizens (62 years and older)1.00 Text Mobile Science Unit 456 576 Recreation staff / per hour (2 4 hours minimum)50.00 146.00 464 576 Increase 96.00 Vehicle preparation fee + miles 50.00 + 1.75/per mile IRS rate 62.5 cents per mile - $50 in City of Fresno Project Cost / per participant up to 7.00 Delete 576 Delete no more than 3 activities up to $7.00 confirmed (average revenue for project cost $300 per rental) Vehicle Prep: vehicle set up/clean/maintenance Non-Resident**521 provide supplies Recreation staff / per hour (2 4 hours minimum)50.00 146.00 576 Increase 96.00 Vehicle preparation fee + miles 125.00 + 1.75/per mile Decrease IRS rate 62.5 cents per mile - $125 residents outside of city limits Project Cost / per participant up to 7.00 PARCS Page 65 Special Events added to General Govt Special Events added to General Govt. This cleaning deposit is for Ampitheatre and is separate of Tournament and Park deposit fees. Special Events added to General Govt. Fee increase reflects minimum wage and indirect administrative staff. PARCS Page 66 9,900.00 100.00 3 staff ( 1 RS and 2 CRA) = $145.80 per hour; update to 2 hours average rental; Originally 4 hour min ($50 per hour x 4 = 200) Revised 2/28/2023 Type of Change Fee Change Current Annual Annual Change Comments FY 2024 Proposed Master Fee Schedule Updates - PARCS Summary Exhibit "A" Page Redline Changes GENERAL RECREATION FEES Fee Description & Unit/Time Current Proposed Amnd Regional Park Vehicle Pass Delete 521 576 Annual vehicle entrance pass (good at Roeding and Woodward Parks and Regional Sports Complex): Year round / per motor vehicle 2 vehicles per permit 50.00 528 Senior Citizens (age 62 65 or older)35.00 528 Individuals meeting low-income guidelines as established by 25.00 PG&E's FERA program Delete 510 576 5.00 3.00 7.00 3.00 Roeding Park Picnic Table Reservation Fee*Delete 576 Picnic Shleters (full day/year round/per table)20.00 Roeding Park Pergola Rental (half-day)50.00 Delete 576 Tennis Courts Delete 510 576 Per court / per hour 3.00 Moved to field / court reservations Skate and Bike Park Facility Rental 489 Modular Park Rental/per hour (2 minimum) Up to 50 participants allowed 35.00 45.00 576 Increase 10.00 CRA RATE - building labor cost into the increase for tournament field rate Concrete Park Rental/per hour (2 minimum) Up to 100 participant allowed 50.00 90.00 576 Increase 40.00 Requires min of 2 staff & additional overhead cost, cleaning, waste, facility supplies Option fee: Onsite Instructor/per hour Multiple instructors available for large groups 15.00 45.00 576 Increase 30.00 CRA RATE - building labor cost into the increase for tournament field rate Security/Cleaning Deposit 9per facility)-flat/80% refundable 100.00 Remove security deposit * Director is authorized to waive the user fee/entrance fee for special events which are determined to be beneficial to the City of Fresno. 2,160.00 Moved from page 67 to 60 Moved to follw Regional Entrance Fee** Holiday rate applies to the following holidays: Easter, Cinco de Mayo (closest weekend), Mother's Day, Memorial Day, Father's Day, Independence Day (observed), Labor Day.Note: Park entrance fee shall be waived for motor vehicles displaying a valid Disabled person Placard/Decal, or motor vehicles in which a U.S. active duty military member or family member with proper identification is a passenger or driver, or motor vehicles displaying a California State "Gold Star" license plate. PARCS Page 67 Moved to flow from Group Area to Regional and picnic areas Roeding Park Entrance Fee (Roeding and Woodward Parks and Regional Sports Complex)* Year round / per motor vehicle Year round / per motor vehicle in which a senior citizen (age 65 or older) is a passenger or driver Holday rate, per motor vehicle ** Year round / per vehicle in which a senior citizen (age 62 65 or older) is a passenger or driver - Moved from page 67 to 64 Moved from page 67 to 60 Revised 2/28/2023 Type of Change Fee Change Current Annual Annual Change Comments FY 2024 Proposed Master Fee Schedule Updates - PARCS Summary Exhibit "A" Page Redline Changes GENERAL RECREATION FEES Fee Description & Unit/Time Current Proposed Amnd A processing fee of $15 will be assessed to issue refunds.15.00 Delete 554 576 Delete Woodward Park Picnic Table Reservation Fee*489 576 Year round / per table: Gazebo / Group Activity Area**15.00 525 576 Picnic shelters 30.00 Woodward Park Redwood Glen Rental (half-day)50.00 525 576 Urban Growth Management (UGM) Park Fees 576 ** Group Activity Area table are only available on select dates and are reservable in groups of two or four tables. MEMORIAL AUDITORIUM RENTAL RATES Fee Description & Unit/Time Current Proposed Amnd Art, Park, Entertainment & Sports (Applicable at all City owned facilities. The Arts, Park, Entertainment and Sports (APES) ticket surcharge fee is to be applied to all tickets sold for attendance to all event types and on each round of golf, irrespective of the ticket selling party, irrespective of ticket price. The City reserves the right to waive the surcharge upon City Manager approval). Per ticket or attendee and on each round of golf 1.00 546 Duplicate Memorial Auditorium Theater Rental * Per day 250.00 521 Duplicate Reservation Deposit **564 Duplicate Up to 3 dates 100.00 4-7 dates 200.00 8 or more dates 300.00 Duplicate Duplicate PARCS Page 68 Moved to section aboveMoved from page 68 to 60 See Development Fees Department-UGM Delete * Director is authorized to waive the user fee for special events which are determined to be beneficial to the City of Fresno. Security may be required at the discretion of the Director of Parks, After School, Recreation and Community Services. Cleaning deposit and/or performance bond may be required for special events. Fees for cleaning deposit and/or performance bond are not included in reservation fees and may be charged to all groups at the rates listed in the Master Fee Schedule. No longer needed. Footnote does not applies. Section above moved to page 58 without "*" PARCS Page 69 Special Events added to General Govt *All organizations will be required to hire a stagehand(s) from stagehand union Local 158 to operate lighting & sound systems, and will pay the union directly. Minimum call for stagehand (s) is 4 hours. ** 20% of deposit will be withheld for cancellations occurring more than 30 days before the reservation date. Cancellations received less than 30 days prior to reservation will result in loss of deposit. Deposit will be up to 80% refundable depending on the condition of the facility after completion of the rental agreement. Revised 2/28/2023 Type of Change Fee Change Current Annual Annual Change Comments FY 2024 Proposed Master Fee Schedule Updates - PARCS Summary Exhibit "A" Page Redline Changes FEES MAINTAINED UNDER CONTRACT AGREEMENT CAMP FRESNO FEES Fee Description & Unit/Time Current Proposed Amnd Camp Fresno Family Camp ** ^ *Text Memorial Day Weekend through first three weeks in September:*525 576 Delete City of Fresno Resident Text 1 bedroom / per week (7 days/6 nights)270.00 383.00 Increase 0.00 1 bedroom / per day 50.00 74.00 Increase 0.00 2 bedroom / per week (7 days/6 nights)487.00 600.00 Increase 0.00 2 bedroom / per day 84.00 108.00 Increase 0.00 Non City of Fresno Resident **576 Text Other months:Delete 1 bedroom / per week (7 days/6 nights)221.00 460.00 Increase 1 bedroom / per day 37.00 89.00 Increase 2 bedroom / per week (7 days/6 nights)379.00 720.00 Increase 2 bedroom / per day 69.00 130.00 Increase Improvements Surcharge:Delete 576 Delete Per cabin / per week 113.00 Per cabin / per day 24.00 Delete This footnote referencing FY23 was mistakenly added during the annual FY22. FEES MAINTAINED UNDER CONTRACT AGREEMENT CAMP FRESNO FEES Fee Description & Unit/Time Current Proposed Amnd Camp Fresno Jr. ** ^ Text Organization Camp 568 Delete Memorial Day Weekend through first three weeks in September Delete City of Fresno Resident 576 Text Group rate / per week (7 days/6 nights)2,517.00 3,082.00 Increase 0.00 6,164.00 - Group rate / per day 480.00 576.00 Increase 0.00 Non City of Fresno Resident**Text Other months:576 Group rate / per week (7 days/6 nights)2,263.00 3,698.00 Increase Group rate / per day 457.00 691.00 Increase Improvements Surcharge:Delete 576 Delete Group rate / per week 565.00 Group rate / per day 96.00 Text Delete PARCS Page 70 ** Rates shall be adminstratively adjusted annually beginninng January 1, 2023 to reflect the 12 month percentage change in the U.S. Bureau of Labor Statisitics Consumer Prices Index (CPI) (Urban Wage Earners and Clerical Workers for the San Francisco-Oakland- San Jose area), for the most current month that data is avaialble. PARCS Page 71 ** Rates shall be adminstrateviel adjusted on Januart 1st annually to reflect the 1 2month percentage change in the U.S. Bureau of Labor Statisitics Comsumer Price siNdex (CPI) (Urban Wage Earnets and Clerical workers for the San Francisco- Oakland-San Jose area), for the most current month that data is avaialble in accordance with Rewso No. 2015-234. Reso N. 2015-234 will expire five years from the date of its adoption. Non-resident fee added and oncudes 20% incdrease over Resident fee. Findings how 46% non-Fresno City residents utilize Camp Fresno. Years of below market rental rates not sufficient for capital improvements needed to maintain the camp at sufficient levels. Current Surcharge for improvements to be rolled into the cabin fee so there is only one fee to rent cabin. ** A non-resident is an individual who lives outside of the City of Fresno limits. ** A non-resident is an individual who lives outside of the City of Fresno limits. 82,308.00 35,223.00 6,173.10 2,641.73 45,400.00 19,440.00 3,400.00 Revised 2/28/2023 Type of Change Fee Change Current Annual Annual Change Comments FY 2024 Proposed Master Fee Schedule Updates - PARCS Summary Exhibit "A" Page Redline Changes ACTION SPORTS FEES Fee Description & Unit/Time Current Proposed Amnd FEES MAINTAINED UNDER CONTRACT AGREEMENT Delete Title no longer applies. PARCS Page 72 Revised 2/28/2023 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-368 Agenda Date:3/9/2023 Agenda #: 1.-C. REPORT TO THE CITY COUNCIL FROM:SANTINO DANISI, MBA, City Controller/Finance Director Finance Department BY:COURTNEY ESPINOZA, Business Manager Finance Department, Grants Management Unit SUBJECT ***RESOLUTION - Adopting the 29th amendment to the Annual Appropriations Resolution (AAR) No. 2022-154 appropriating $2,032,000 for ERAP (Requires 5 Affirmative votes) (Subject to Mayor’s veto) RECOMMENDATION Staff recommends Council approve the 29th amendment to the Annual Appropriations Resolution 2022-154 appropriating an additional $2,032,000 in ERAP revenue from the State of California. EXECUTIVE SUMMARY Staff recommends Council approve the 29th amendment to the Annual Appropriations Resolution 2022-154 appropriating an additional $2,032,000 in ERAP revenue from the State of California. BACKGROUND In 2021, The City of Fresno (City) was awarded Emergency Rental Assistant Program (ERAP) funding from a direct allocation from US Treasury and in the form of a block grant from the State of California’s Housing and Community Development (HCD). Originally the City was notified that the total amount would be $67.2M for the entire ERA program. Of this funding the City received several tranches throughout the course of two years. In November 2022, the City received the final tranche of revenue totaling $8,895,745.54, approximately $2,031,942.56 over the original allocated amount. The additional funding is allowing the program to continue longer than originally anticipated. On February 6, 2023, a tray memo was released to Council reporting the progress of ERAP to date and referenced the additional funding that was received from the State of California. In order to distribute this funding to tenants and landlords that qualify for the program, the revenue must be appropriated during FY 2023. ENVIRONMENTAL FINDING This approval is not a project for the purposes of CEQA Guidelines Section 15378 LOCAL PREFERENCE Local preference was not implemented as this is an appropriations approval only. FISCAL IMPACT The ERAP is a program funded through the US Treasury and the State of California and has no impact to the general City of Fresno Printed on 3/3/2023Page 1 of 2 powered by Legistar™ 3-9-2023 AP/GB 5-0 MA, LC ABSENT APPROVED ON CONSENT R. 2023-049 ADOPTED File #:ID 23-368 Agenda Date:3/9/2023 Agenda #: 1.-C. The ERAP is a program funded through the US Treasury and the State of California and has no impact to the general fund. Attachments: 29th Amendment to the AAR 2022-154 City of Fresno Printed on 3/3/2023Page 2 of 2 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 ADOPTING THE 29th AMENDMENT TO THE ANNUAL APPROPRIATION RESOLUTION NO. 2022-154 TO APPROPRIATE $2,032,000 IN EMERGENCY RENTAL ASSISTANCE PROGRAM (ERAP) REVENUE RECEIVED FROM THE STATE OF CALIFORNIA BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FRESNO: THAT PART III of the Annual Appropriation Resolution No. 2022-154 be and is hereby amended as follows: Increase/(Decrease) TO: FINANCE DEPARTMENT Emergency Rental Assistance Grant $ 2,032,000 THAT account titles and numbers requiring adjustment by this Resolution are as follows: Emergency Rental Assistance Grant Revenues: Account String: 2000-2040-3200-671-433401-32-6-0000-0000- $ 2,032,000 Project String: 320200016 -REVENUE - - Total Revenues $ 2,032,000 Appropriations: Account String: 2000-2040-9994-000-658004-32-1-0000-0000- $ 2,032,000 Project String: 320200016 -RENT Total Appropriations $ 2,032,000 THAT the purpose is to appropriate $2,032,000 in ERAP revenue received from the State of California. 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 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-307 Agenda Date:3/9/2023 Agenda #: 1.-D. REPORT TO THE CITY COUNCIL FROM:BRIAN BARR, Director General Services Department BY:CLIFF TRAUGH, Administrative Manager General Services Department SUBJECT Approve the award of a purchase contract to Pape Kenworth of Fresno, California, for the purchase of two Kenworth T880 trucks in the amount of $572,026 for the Department of Public Utilities and Department of Public Works RECOMMENDATION Staff recommends Council approve the award of a purchase contract to Pape Kenworth of Fresno, California, for the purchase of two Kenworth T880 trucks in the amount of $572,026. EXECUTIVE SUMMARY The Department of Public Utilities (DPU), Water Operations Division and Department of Public Works (DPW), Street Maintenance Division seek to purchase two Kenworth T880 trucks to replace vehicles well past their useful life in both age and mileage. DPU will receive a 17-ton crane truck and DPW will recieve an 18-yard dump truck. The new units will be purchased through a competitively solicited cooperative procurement process administered by Sourcewell, formerly the National Joint Powers Alliance (NJPA). BACKGROUND DPU, Water Operations Division is responsible for delivering safe drinking water to approximately 500,000 residential, commercial, and industrial customers over a 114 square mile area. This mission is accomplished through continuous maintenance of the freshwater system, which requires the removal and installation of large pipes and junctions. These items are positioned into place using either backhoes, or in the case of very large pipes, a truck mounted crane. Repairs to the freshwater distribution system are currently done with one aging crane truck tasked with setting pipe, road plates, and well motors at various locations throughout the city. The new Kenworth T880 crane truck will be built to a specification similar to the existing unit, however, updated with the latest technology to offer superior maneuverability, visibility, and performance. The new unit will be compliant with the applicable US 2010 emissions standard, while providing improved fuel economy and power. DPW, Street Maintenance Division is responsible for maintaining 1,740 miles of City streets and boulevards. As street pavements degrade to the end of their service life, asphalt overlays are needed to restore the street back to a good and serviceable condition. This maintenance treatment is performed annually by the Street Maintenance Division utilizing City of Fresno Printed on 3/3/2023Page 1 of 2 powered by Legistar™ 3-9-2023 AP/GB 5-0 MA, LC ABSENT APPROVED ON CONSENT File #:ID 23-307 Agenda Date:3/9/2023 Agenda #: 1.-D. heavy equipment to break up existing pavement and dump trucks to haul away the debris. Currently the material created from road demolition is transported by 15 dump trucks, all more than 18 years old. The new Kenworth T880 dump truck will be built to a specification similar to the existing units, updated with the latest technology to offer superior maneuverability, visibility, and performance. The new unit will be compliant with the applicable US 2010 emissions standard, while providing improved fuel economy and power. The heavy truck class of equipment is on a 10 year or 100,000-mile replacement schedule which has been established by the Fleet Management Division as the optimum replacement point. Currently the two units identified for replacement are more than 22 years old and have incurred significant repair costs over the last few years. The new trucks will be purchased utilizing competitively solicited cooperative procurement process administered by Sourcewell. The total purchase price is $572,026, this price includes the Sourcewell discount applied to City purchases as well as delivery and sales tax at 8.35%. The Purchasing Division has approved this contract and recommends Council to approve. ENVIRONMENTAL FINDING 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 is not applicable. The City is not issuing a request for quote for this cooperative purchase agreement. FISCAL IMPACT No general funds will be used to purchase these items. The funding to cover the purchase cost of the Kenworth T880 trucks has been included in the FY2023 adopted budget. Water Operations Division, Water Enterprise Fund will be used for the crane truck costing $342,818, this fund is generated primarily by the collection of customer user fees. The Streets Maintenance Division dump truck costing $229,208 will be paid for utilizing SB1 and PROP 111 Gas Tax. Attachments: Board Resolutions Combined Ads Comment and Review Evaluation Kenworth Truck Contract Prop. Opening Record RFP City of Fresno Printed on 3/3/2023Page 2 of 2 powered by Legistar™ REGULAR MEETING MINUTES OF THE SOURCEWELL BOARD OF DIRECTORS Tuesday, March 17, 2020 Conference Room 3 & 4 202 12th St. NE, Staples, MN 56479 Chair Wilson called the Regular Board meeting to order at 5:45p.m. with the following members present; Greg Zylka, Scott Veronen, Ryan Thomas, Sharon Thiel, Chris Kircher, Sara Nagel, and Mike Wilson. Linda Arts attended via ITV. Also present were Paul Brownlow, Verndale Public Schools, and Simoine Bolin, Mid-State Education District, Ex-Officios; Chad Coauette, Mike Carlson, Susan Nanik, Marcus Miller, Paul Drange, Jeremy Schwartz, Travis Bautz, Rebecca Grunig, Josh Meech, and Danielle Wadsworth, Sourcewell staff. Mr. Zylka moved, seconded by Ms. Nagel to accept the agenda as presented. Motion carried. Mr. Kircher moved, seconded by Mr. Veronen to accept the minutes of the Organizational Board Meeting held on February 18, 2020 and Regular Board Meeting held on February 18, 2020. Motion carried. Dr. Coauette presented a COVID-19 Business Update. Mr. Carlson presented the monthly Financial Reports. Mr. Veronen moved, seconded by Mr. Zylka to approve the Check Register, Wire Transfer activity, and Wire Transfer- Employee Expense reimbursements as detailed in the batch reports dated March 6, 2020. Motion carried. Mr. Veronen moved, seconded by Ms. Thiel to accept the Consent Agenda as follows: •Updated Membership Agreements Members added February 1-29, 2020 •Resolution to approve permission to solicit the following category: a.Wireless and Wireline Telecom Management Solutions •Resolution to approve permission to re-solicit the following categories: a.Class 4-8 Chassis with Related Equipment, Accessories, and Services •Sourcewell 2020-2021 Staffing & Program Recommendations and Rationale Motion carried. Mr. Miller gave an update on the Government Relations and General Counsel Departments. Mr. Schwartz gave an update on the Operations, Procurement, and Information and Communications Technology Departments and contracts awarded in February as noted in Appendix A. Ms. Nagel moved, seconded by Mr. Kircher to approve the Resolution to Approve Ratification of Cooperative Contracting Awards. Motion carried. Mr. Bautz gave an update on the Membership and Marketing Departments. Mr. Drange gave an update on the Regional Programs Department. Ms. Nanik gave an update on the Facilities and Human Resource Departments. Mr. Thomas moved, seconded by Mr. Zylka to approve the Personnel Recommendations. Motion carried. Mr. Carlson gave an update on the Finance and Risk Management Departments. Dr. Coauette gave an update on State/National Associations and Partnerships, Sourcewell Technology, Annual Board Retreat, and Minnesota Service Cooperative Conference Dates. Ms. Nagel moved, seconded by Mr. Zylka to adjourn the meeting at 6:50 p.m. Motion carried. APPENDIX A SOURCEWELL PROCUREMENT DEPARTMENT BOARD ITEMS ‐ March 2020 Requesting Board permission to Solicit the following categories: Requesting Board permission to Re‐Solicit the following categories: NEW CONTRACTS CORT Business Services Corp.121919‐COR "Furniture Solutions with Related Accessories and  Services" Humanscale Corporation 121919‐HMN "Furniture Solutions with Related Accessories and  Services" Krueger International, Inc. (KI)121919‐KII "Furniture Solutions with Related Accessories and  Services" OFS Brands, Inc.121919‐OFS "Furniture Solutions with Related Accessories and  Services" Palmer Hamilton 121919‐PHL "Furniture Solutions with Related Accessories and  Services" Staples Contract & Commercial, LLC 121919‐SCC "Furniture Solutions with Related Accessories and  Services" Steelcase, Inc.121919‐STI "Furniture Solutions with Related Accessories and  Services" Teknion, LLC 121919‐TKN "Furniture Solutions with Related Accessories and  Services" Axon Enterprise 010720‐AXN "Public Safety Video Surveillance Solutions " Laser Aiming Systems 010720‐LSR "Public Safety Video Surveillance Solutions" Panasonic 010720‐PAN "Public Safety Video Surveillance Solutions " WatchGuard Video 010720‐WCH "Public Safety Video Surveillance Solutions" 5th YEAR RENEWALS (CONTRACT EXTENSIONS) PureGreen Services         040215‐PGE "Storage Products or Systems with Related  Accessories" Auto Plus‐Pep Boys 062916‐PEP "Automotive and Truck Replacement Parts and  Tires" Genuine Parts Company dba NAPA 062916‐GPC  "Automotive and Truck Replacement Parts and  Tires" O'Reilly Auto Enterprises 062916‐ORA "Automotive and Truck Replacement Parts and  Tires" Schindler Elevator  100516‐SCH "Elevators, Escalators and Moving Walks" ThyssenKrupp Elevator Corporation 100516‐TKE "Elevators, Escalators and Moving Walks" NEW ezIQC CONTRACTS Rio Grande Valley Area  TX‐RGV‐021920 Amstar, Inc.TX‐RGV‐GC‐021920‐AMS General Construction Centennial Contractors Enterprises TX‐RGV‐GC‐021920‐CCE General Construction Core Construction TX‐RGV‐GC‐021920‐CCT General Construction F.H. Paschen TX‐RGV‐GC‐021920‐FHP General Construction Huper Optik USA TX‐RGV‐GC‐021920‐HOP General Construction Trumble Construction TX‐RGV‐RC‐021920‐TCI Roofing Gulf Coast Area TX‐GC‐021920 Alpha Building Corporation TX‐GC‐GC‐021920‐ABC General Construction Amstar, Inc.TX‐GC‐GC‐021920‐AMS General Construction AR Energy Services TX‐GC‐GC‐021920‐ARE General Construction Centennial Contractors Enterprises TX‐GC‐GC‐021920‐CCE General Construction Core Construction TX‐GC‐GC‐021920‐CCI General Construction Dunhill Development and Construction TX‐GC‐GC‐021920‐DUN General Construction F.H. Paschen TX‐GC‐GC‐021920‐FHP General Construction Huper Optik USA TX‐GC‐GC‐021920‐HOP General Construction Lee Construction and Maintenance TX‐GC‐EC‐021920‐LCM ElectricalCONSENT AGENDA ITEMSClass 4‐8 Chassis with Related Equipment, Accessories, and Services Wireless and Wireline Telecom Management Solutions APPENDIX A Continued Lee Construction and Maintenance TX‐GC‐F‐021920‐LCM Flooring Lee Construction and Maintenance TX‐GC‐GC‐021920‐LCM General Construction Lee Construction and Maintenance TX‐GC‐P‐021920‐LCM Painting RoofConnect Logistics TX‐GC‐RC‐021920‐RCL Roofing RoofConnect Logistics TX‐GC‐W‐021920‐RCL Waterproofing Trumble Construction TX‐GC‐RC‐021920‐TCI Roofing TSG Industries TX‐GC‐GC‐021920‐TSG General Construction ezIQC ANNUAL RENEWALS Johnson‐Laux Construction, LLC OHGCAGCOMC‐020618‐JLC The K Company, Inc.OHGCAHVOMA‐020618‐TKC Custom Controls Group OHGCAHVOMB‐020618‐CCG Centennial Contractors Enterprises, Inc.OHGCAGCOMD‐020618‐CCE West Roofing Systems, Inc.OHGCAROMA‐020618‐WRS Custom Controls Group OHGCAROMB‐020618‐CCG Barbicas Construction Company, Inc.OHGCAAPOMA‐020618‐BCC Ohio Paving and Construction Company, Inc.OHGCACOMA‐020618‐OPC Henderson Contracting Co. LLC OHGCAGCMBB‐020618‐HCC Price Builders and Developers OHGCAGCMBA‐020618‐PBD Empire Paving, LLC OHGCAAPOMB‐020618‐EMP Foti Contracting LLC OHGCAGCOMB‐020618‐FCL Regency Construction Services Inc OHGCAGCOME‐020618‐REG Irizar Electric LLC OHGCAEOMA‐020618‐IEL F.H. Paschen, S.N. Nielsen & Associates, LLC OHGCAGCOMA‐020618‐FHP F.H. Paschen, S.N. Nielsen & Associates, LLC OHGCOAGCOMA‐022718‐FHP Armcorp Construction, Inc.OHGCOAGCOMB‐022718‐ACI Foti Contracting LLC OHGCOAGCOMC‐022718‐FCL Custom Controls Group OHGCOAGCOMD‐022718‐CCG Johnson‐Laux Construction, LLC OHGCOAGCOME‐022718‐JLC Armcorp Construction, Inc.OHGCOAEOMA‐022718‐ACI Whalen Electric LLC OHGCOAEOMB‐022718‐WHE Armcorp Construction, Inc.OHGCOACOMA‐022718‐ACI The K Company, Inc.OHGCOAHVOMA‐022718‐KCO Custom Controls Group OHGCOAHVOMB‐022718‐CCG Custom Controls Group OHGCOAROMA‐022718‐CCG K & W Roofing, Inc.OHGCOAROMB‐022718‐KWR Price Builders and Developers OHGCOAGCMBB‐022718‐PBD McDaniel's Construction Corp., Inc.OHGCOAGCMBA‐022718‐MCC ezIQC EXTENSIONS Centennial Contractors Enterprises, Inc.VA01VGC‐021417‐CCE The Matthews Group VA01NGC‐021417‐TMG FHP Tectonics Corp.VA02NGC‐021417‐FTC Centennial Contractors Enterprises, Inc.VA04NGC‐021417‐CCE Comfort Systems USA VA01NM‐021417‐CFS Centennial Contractors Enterprises, Inc.VA01HGC‐021417‐CCE Comfort Systems USA VA01HM‐021417‐CFS Harrisonburg Construction Co., Inc.VA02HGC‐021417‐HAR APPENDIX A SOURCEWELL PROCUREMENT DEPARTMENT BOARD ITEMS -August 2020 NEW CONTRACTS Peterbilt Motors Company 060920-PMC Class 4-8 Chassis with Related Equipment, Accessories and Services The Lion Electric Co. 060920-LON Class 4-8 Chassis with Related Equipment, Accessories and Services West-Mark (Certified Stainless) 060920-CER Class 4-8 Chassis with Related Equipment, Accessories and Services National Auto Fleet Group 060920-NAF Class 4-8 Chassis with Related Equipment, Accessories and Services Crane Carrier Company 060920-CRN Class 4-8 Chassis with Related Equipment, Accessories and Services Autocar Truck 060920-ATC Class 4-8 Chassis with Related Equipment, Accessories and Services Navistar Inc.060920-NVS Class 4-8 Chassis with Related Equipment, Accessories and Services Kenworth Truck Company 060920-KTC Class 4-8 Chassis with Related Equipment, Accessories and Services Mack Trucks 060920-MAK Class 4-8 Chassis with Related Equipment, Accessories and Services 5th YEAR RENEWALS (CONTRACT EXTENSIONS) Ford Motor Co. 061015-FMA Fleet Related Maintenance Equipment Syn-tech Systems, Inc. 022217-SYS Fleet Management and Related Technology NEW ezIQC CONTRACTS Company Name Contract Number Type of Work and Region ezIQC RENEWALS J.J. Morley Enterprises, Inc.GA10-1-072115-JME Greene & Burdette Property Management, LLC GA07-2-072115-GBP Rubio and Son Interiors, Inc.GA07-1-072115-RSI Red Cloud Services, LLC GA05-1-072115-RCS Engineering Design Technologies, Inc.GA04-1-072115-EDT HCR Construction, Inc.GA03-3-072115-HCR Osprey Management, LLC GA03-2-072115-OML Johnson-Laux Construction, LLC GA03-1-072115-JLC Astra Construction Services, LLC GA02-2-072115-ACS Prime Contractors, Inc.GA02-1-072115-PCI Centennial Contractors Enterprises, Inc.GA-072115-CCE JOC Construction GA-072115-LRI F.H. Paschen, S.N. Nielsen & Associates, LLC GA-072115-FHP Brown & Root GA-072115-KBRCONSENT AGENDA ITEMSSkate Parks, Bike Parks, and Pump Tracks with Related Equipment and Services Playground and Water Play Equipment with Related Accessories & Services Open Air Structures and Recreation Buildings with Related Equipment and Services Rink Systems, Arena Supplies, and Mechanical with Related Equipment and Services Outdoor Fitness Equipment with Related Accessories & Services Requesting Board permission to Re-Solicit the following categories: Requesting Board permission to Solicit the following categories: 2 C ❚THURSDAY, APRIL 16, 2020 ❚USA TODAY SPORTS GET NOTICED! Advertise in USA TODAY’s Marketplace Today Marketplace! Call:1-800-397-0070 SUCCESSFUL ADVERTISEMENTS start with USA TODAY Marketplace 1-800-397-0070 To place your ad in USA TODAY Marketplace, call:1-800-397-0070 To view more Classified listings, visit:classifieds.usatoday.com BUSINESS OPPORTUNITIES BUSINESSNOTICES MARKETPLACE MARKETPLACE FOR THE HOME PUBLICATIONS Trek the world continents (Africa, Asia, Americas, Australia, Europe) in the Kindle store on Amazon: gerald grubb continents Grades 2-12, Social Studies! HEALTH/FITNESS HEALTH/FITNESS Have you gained weight during the Lockdown? Call/Contact Dr. Kostow Wellness and Weight Loss 717-533-2100 www.kostowwellness.com 15 days FREE! Invest $300,000.00 into 10 Medical Offices $80,000.00 monthly ROI Text Denis: 612-695-4040 PUBLICATIONS JFK vs. CIA In bookstores. Be afraid. www.youtube.com/jfkcia FREE BOOK God's Puzzle Solved Box 1197 Montgomery, TX 77356 GodsPuzzleSolved.com e-mail:art@mokarow.com 936-788-2588 Leave Message No donations ever accepted NOTICE TO OFFERORS Sealed responses will be received by 1GPA office at 1910 W. Washington St. Phoenix, AZ. 85009 until Thursday, May 21, 2020 @ 11:00 am (AZ Time Zone) Request for Proposal Environmental Consultant RFP # 20-03P Sealed responses will be publicly opened in the 1GPA office immediately following the deadline for receiving responses. Solicitations may be downloaded online at www.publicpurchase.com. For additional information please contact Christy Knorr at 866-306-3893 or cknorr@1gpa.org NOTICES PUBLIC NOTICE Sourcewell, a State of Minnesota local government agency and service cooperative, is requesting proposals for Class 4-8 Chassis with Related Equipment, Accessories, and Services to result in a contracting solution for use by its Participating Entities. Sourcewell Participating Entities include thousands of governmental, higher education, K-12 education, nonprofit, tribal government, and other public agencies located in the United States and Canada. A full copy of the Request for Proposals can be found on the Sourcewell Procurement Portal https://proportal.sourcewell-mn.gov Only proposals submitted through the Sourcewell Procurement Portal will be considered. Proposals are due no later than June 9, 2020, at 4:30 p.m. CentralTime, and late proposals will not be considered. SOUTHWEST FOODSERVICE EXCELLENCE (SFE), ON BEHALF OF CONTRACTED DISTRICTS, IS SOLICITING REQUEST FOR PROPOSAL FOR FOOD SERVICE SUPPLIES, COMMERCIAL DELIVERY, SFE 01-20-01. CONTRACTED DISTRICTS IN THE CENTRAL (NEW MEXICO AND TEXAS), EASTERN (MICHIGAN, MISSOURI, AND PENNSYLVANIA), SOUTHWEST (ARIZONA) REGIONS ARE INCLUDED IN THIS RFP WITH CONTRACT TERM JULY 1, 2020 THROUGH JUNE 30, 2021. ELECTRONICALLY SEALED PROPOSALS WILL BE ACCEPTED UNTIL 11:59 PM CDT MAY 13, 2020 THROUGH BIDFORGE. PROPOSALS WILL BE OPENED AT 10:00 AM CDT MAY 14, 2020. RFP INFORMATION, INCLUDING BUT NOT LIMITED TO, TERMS AND CONDITIONS, DETAILED SPECIFICATIONS, TECHNICAL REQUIREMENTS, EVALUATION METHOD/ CRITERIA, AWARD PROCESS, METHOD OF PAYMENT, AND CONTRACTED DISTRICTS MAY BE OBTAINED AT www.bidforge.com OR contactusprocurement@sfellc.org OR 806-701-4985. SFE RESERVES THE RIGHT TO ACCEPT OR REJECT ANY AND/OR ALL PROPOSALS. PUBLIC NOTICE FINANCIAL ANNOUNCEMENTS ELIMINATE your overwhelming debt We can help if your total debt is $10,000 or more! Avoid bankruptcy today and start over completely debt-free. 800-825-1306 THE CALL IS FREE. CREDIT CARD DEBT MEDICAL DEBT PERSONAL LOANS IMPROVE YOUR CREDIT SCORE Are you getting hit with high interest rates because of a low credit score? Improve it today! 800-852-4931 FREEConsultation FREECreditEvaluation Ifyouoralovedonehas beendiagnosedwith ovariancancerafterusing talcumbasedproducts youmaybeentitledto significantcompensation 800-208-3526 TALCUM POWDER SETTLEMENT ATTENTION Ifyou’vehadHerniaSurgery andhaveexperiencedany 800-478-7176800-478-7176 CALL THE HERNIA MESH HELPLINE NOW AT you may be entitled to COMPLICATIONS SIGNIFICANT CASH COMPENSATION. HAVE YOU BEEN CLASSIFIED AS A HIGH RISK DRIVER DUE TO DUI, DWI OR TICKETS FOR AGGRESSIVE DRIVING? THE CALL & QUOTE ARE FREE. 800-509-9315 Serenity is here to help by making SR-22 insurance easy to get and affordable for everyone. To advertise in USA TODAY’s Marketplace, call:1-800-397-0070 Nothing that came out of Wednes- day’s conference call between Vice President Mike Pence and the College Football Playoff management commit- tee changes the bottom line for this fall: If colleges and universities aren’t open to students, it will be very diffi- cult for the season to start on time. That was part of the message the group relayed to Pence, according to American Athletic Conference Com- missioner Mike Aresco, who told USA TODAY Sports that the White House- initiated conversation was much ap- preciated by college sports stakehold- ers as they make various contingency plans for the season. “It was a good call,” said Aresco, who was one of the 10 conference com- missioners on the call, along with No- tre Dame athletic director Jack Swar- brick. “He talked about how important college sports were to the country, and we discussed how college sports were different from pro sports. We don’t have czars. We’re a national enterprise, but we’ll have local issues as we go forward. He seemed optimistic about some things and he asked us what we’d need to do if things were to reopen down the road.” Still, it appears a consensus has formed among athletic officials that the first step toward restarting college foot- ball will be universities opening their doors. The optics of having football players on campus when it is deemed unsafe for other students to be there would not just be bad, it would poten- tially undercut the argument that col- lege sports are tethered to education. “If things are all virtual and if you can’t have kids on campus, can you jus- tify the risks of having athletes on cam- pus?” Aresco said. “We’re an extension of the educational system. You can ar- gue if things are virtual and you can quarantine or isolate teams, is that fea- sible? I have no idea and I’m not going to venture an opinion on that at this point, but I’m not sure if it’s feasible.” CFP officials tell Penceopen campuses are key Dan Wolken USA TODAY Usually, Chris Paul knows how to find the answer to any question he has. That is what happens when you are the president of the National Basket- ball Players Association. That is what happens when you’re an NBA All-Star. This time Paul does not have any answers. How could he when no one else has them regarding when the novel coronavirus outbreak will stop and when the NBA can re- sume play? “It’s really just a wait-and-see game and hoping that the coronavirus gets con- tained,” Paul told USA TODAY Sports this week. “What we try to do from the union perspective is try to keep guys informed as much as possible and try to prepare for what we can control.” The Thunder guard said the NBPA is having ongoing conversations with the league on how it could salvage the sea- son. But he stressed the NBPA cares about only one variable: “If there is any way possible that we can play games for our fans without putting anyone’s health at risk, that is what everybody’s option is. But everybody understands health comes first before any of that.” Once the season was put on hold March 11, Paul could not wait to return to his home in Encino, California, to be with his wife (Jada), 10-year-old son (Chris) and 7-year-old daughter (Cam- ryn). He had spent most of his first sea- son in Oklahoma City away from his family. “This is the most we’ve all been able to be together,” Paul said. “That’s the case for a lot of families at home. It’s one of those things where you learn new things and learn not to take some things for granted.” Paul has maximized his family time. So much so that he did not seem to con- sider it difficult to put his frustration over his successful season (10th NBA All-Star Game appearance)into per- spective: “I’m a hell of a competitor. But I think, first and foremost, I’m a human being.” Confined with shelter-in-place rules, Paul has included his family in his work- outs. With his kids taking classes through Zoom sessions, Paul has tried to help them with their homework as- signments. He admittedly does not of- ten know the answers. “For most athletes, we always strive to be the best and try to be perfect. I’ve been able to realize how I’m not perfect. I’m not. That’s OK. You can get better at it. So I’m just trying to be better in differ- ent aspects.” Paul enjoying family timein ‘wait-and-see’ mode Mark Medina USA TODAY Paul With abundant energy and enthusi- asm, Greg Norman, the Great White Shark, devoured an hour’s worth of phone calls from fans this week on the appropriately named Attack Life Radio Live on Sirius XM Radio. From Tiger Woods to the COVID-19 global pandemic to fitness tips,Norman fielded questions from all across the U.S. on Tuesday. “Game on,” the two-time major champion and world No. 1 for 331 weeks said at the beginning. “Bring it on.” On came the questions. Among the many was one that dealt with Tiger Woods. Specifically, the first time he met and played with Woods. “Played with Tiger down here at Old Marsh Golf Club (in Palm Beach Gar- dens, Florida) when I think he was 15 years old. Got a call from some people, because I was No. 1 player at the time in the world, and they wanted me to play with him and for me to give my opinion on Tiger,” said Norman, now 65. “So I played nine holes with him and I like, wow. This kid is going to go a long way. “He was a sponge for information. He wanted to beat you, no matter if he was 15 years old. He just wanted to prove a point that no matter who you are or whether you’re No. 1, I’m going to come after you. Which was very, very positive to see.” Who won, the follow-up came. “You know, I can’t remember,” Nor- man said. “I really can’t remember.” Here are some of Norman’s other takes on a variety of subjects: How he’s dealing with the global pandemic:“I’m dealing with it OK. The whole world is in this fight together. I’ve had businesses shut down. I feel for my people who have worked for me for years and years and years to experience this. But I’ve come out of this with a sense of calm in a lot of ways because this is a bit of a wake-up call for the whole universe to say, ‘Hey, it’s going to happen again.’ How you come out of this one is going to determine how you are going to be prepared for the next one. I don’t like anybody kicking the can down the road. From the doctors and the nurses and health care work- ers and first responders to the military, to every country around the world, each and everyone of these people are putting their lives on the line for us. I’m a big admirer. I’m just trying to manage the process myself, both mentally and physically, and go through it day by day and not try and get ahead of my- self. I know we’ll come out of it. Hu- manity is much stronger and very in- telligent and very resilient in a lot of ways, so we will come out of it.” Why he didn’t play much senior tour golf:“I just got sick and tired of staying in hotel rooms from a Tuesday through a Sunday and just traveling, quite honestly. When I cut playing golf out of my schedule, I actually had 50% more time for myself, which was a big deal. On top of that, my business was really kicking off, my brand was kick- ing off, and I wanted to focus on build- ing that out. ... I still enjoyed playing, but the passion to really perform at the highest level wasn’t there. I quietly rode off into the sunset without any fanfare.” Fitness recommendations for someone coming out of the winter season:“Very easy. Stretching. Start getting your hamstrings stretched out, your lower back stretched out and your quads stretched out. All those things. And I would start working on squeez- ing a tennis ball, getting your finger strength back up. Because people for- get about that when you’re hanging onto a golf club and you’re swinging, and I don’t care if your swinging it 80 mph or 120 mph, the finger strength is going to want to do it.” Fred Couples, Tiger Woods and Greg Norman played in the Masters Tourna- ment in 1996 at Augusta National. FILE PHOTO BY STEPHEN MUNDAY/ ALLSPORT Norman sinks teethinto fans’ questions Steve DiMeglio Golfweek | USA TODAY Network Bids Homepage (/Module/Tenders/en/Home/BidsHomepage) Find more bids (https://proportal.sourcewell-mn.gov/) Create Account (/Module/Tenders/en/Vendor/Create /42b90b89-9f67-483a-96e3-9b0490d01d40) Login (/Module/Tenders/en/Login/Index /42b90b89-9f67-483a-96e3-9b0490d01d40) Click (https://www.bidsandtenders.ca)here (https://proportal.sourcewell-mn.gov/) to return to the Sourcewell Procurement Portal home page. Bid Details Bid Classification: Goods Bid Type: RFP - General Bid Number: RFP 060920 Bid Name: Class 4-8 Chassis with Related Equipment, Accessories, and Services Bid Status: Open Bid Closing Date: Tue Jun 9, 2020 4:30:00 PM (CDT) Question Deadline: Tue Jun 2, 2020 4:30:00 PM (CDT) Time-frame for delivery or the duration of the contract: Four years, with possible 1 year extension Negotiation Type: Refer to bid document Condition for Participation: Refer to bid document Electronic Auctions: Not Applicable Language for Bid Submissions: English unless specified in the bid document Submission Type: Online Submissions Only Submission Address: Online Submissions Only Public Opening: No https://proportal.sourcewell-mn.gov/Module/Tenders/en/Tender/Detail/9... 1 of 3 5/12/2020, 8:52 AM Documents Description:Sourcewell, a State of Minnesota local government agency and service cooperative, is requesting proposals for Class 4-8 Chassis with Related Equipment, Accessories, and Services to result in a national contracting solution for use by its members. Sourcewell members include thousands of governmental, higher education, K-12 education, not-for- profit, tribal government, and other public agencies located in the United States and Canada. A full copy of the Request for Proposals can be found on the Sourcewell Procurement Portal [https://proportal.sourcewell-mn.gov (https://proportal.sourcewell- mn.gov/)]. Only proposals submitted through the Sourcewell Procurement Portal will be considered. Proposals are due no later than June 9, 2020, at 4:30 p.m. Central Time, and late proposals will not be considered. Bid Document Access: Bid Opportunity notices and awards and a free preview of the bid documents is available on this site free of charge without registration. There is no cost to obtain an unsecured version of the document and /or to participate in this solicitation. Categories: Show Categories [+] The following are the meeting times and locations for the opportunity: Meeting Location Description Pre-Proposal Web Conference Login instructions will be provided to registered p takers by email two business days prior to the w conference. https://proportal.sourcewell-mn.gov/Module/Tenders/en/Tender/Detail/9... 2 of 3 5/12/2020, 8:52 AM Addenda File Name RFP_060920_Class_4-8_Chassis Wednesday April 15, 2020 06:07 PM RFP_060920_Class_4-8_Chassis_Contract_Template Wednesday April 15, 2020 04:32 PM File Name Addendum_1_Class_4-8_Chassis_RFP060920 Friday April 17, 2020 12:32 PM Addendum_2_Class_4-8_Chassis_RFP060920 Wednesday April 22, 2020 01:14 PM Addendum_3_Class_4-8_Chassis_RFP060920 Wednesday April 29, 2020 03:45 PM Addendum_4_Class_4-8_Chassis_RFP060920 Monday May 4, 2020 01:24 PM https://proportal.sourcewell-mn.gov/Module/Tenders/en/Tender/Detail/9... 3 of 3 5/12/2020, 8:52 AM Chat Help Logout [Switch to Vendor View] Home New Bid Closed Bids My Stuff Tools Bid RFP #060920 - Class 4-8 Chassis with Related Equipment, Accessories, and Services Bid Type RFP Bid Number 060920 Title Class 4-8 Chassis with Related Equipment, Accessories, and Services Start Date Apr 16, 2020 8:41:57 AM CDT End Date Jun 9, 2020 4:30:00 PM CDT Agency Sourcewell Bid Contact Chris Robinson (218) 895-4168 rfp@sourcewell-mn.gov 202 12th Street NE P.O. Box 219 Staples, MN 56479-0219 Access Reports View reports on who has been notified of the bid or accessed it. [Notification report] [Access report] Questions 0 Questions 0 Unanswered [View/Ask Questions] Edit Bid [Create Addendum] Description Sourcewell, a State of Minnesota local government agency and service cooperative, is requesting proposals for Class 4-8 Chassis with Related Equipment, Accessories, and Services to result in a contracting solution for use by its Participating Entities. Sourcewell Participating Entities include thousands of governmental, higher education, K-12 education, nonprofit, tribal government, and other public agencies located in the United States and Canada. A full copy of the Request for Proposals can be found on the Sourcewell Procurement Portal [https://proportal.sourcewell-mn.gov]. Only proposals submitted through the Sourcewell Procurement Portal will be considered. Proposals are due no later than June 9, 2020, at 4:30 p.m. Central Time, and late proposals will not be considered. Pre-Bid Conference Date May 19, 2020 10:00:00 AM CDT Location Online Webinar Notes Pre-Proposal login information will be emailed two days prior. Documents No Documents for this bid Customer Support: agencysupport@publicpurchase.com | Copyright 1999-2020 © | The Public Group, LLC. All rights reserved. Public Purchase: Bid RFP #060920 - Class 4-8 Chassis with Related Eq... https://www.publicpurchase.com/gems/bid/bidView?bidId=127308 1 of 1 4/16/2020, 8:42 AM Biddingo - Leading e-procurement portal for public and private sector bids https://r2cow.biddingo.com/bidding/443445 1 of 2 4/16/2020, 8:52 AM Sourcewell, a State of Minnesota local government agency and service cooperaƟve, is requesƟng proposals for Class 4‐8 Chassis with Related Equipment, Accessories, and Services to result in a contracƟng soluƟon for use by its ParƟcipaƟng EnƟƟes.  Sourcewell ParƟcipaƟng EnƟƟes include thousands of governmental, higher educaƟon, K‐12 educaƟon, nonprofit, tribal government, and other public agencies located in the United States and Canada. A full copy of the Request for Proposals can be found on the Sourcewell Procurement Portal [hƩps://proportal.sourcewell‐mn.gov ]. Only proposals submiƩed through the Sourcewell Procurement Portal will be considered. Proposals are due no later than June 9, 2020, at 4:30 p.m. Central Time, and l Biddingo - Leading e-procurement portal for public and private sector bids https://r2cow.biddingo.com/bidding/443445 2 of 2 4/16/2020, 8:52 AM The New York State Contract Reporter This document printed Wednesday, 04/15/2020 NYS' official source of contracting opportunities Bringing business and government together Contracting Opportunity * * * This ad has not been published. It has been reviewed and pending publication. * * * Title:Class 4-8 Chassis with Related Equipment, Accessories, and Services Agency:Sourcewell Division:Procurement Department Contract Number:060920 Contract Term:4 years, with potential 1 year extension Date of Issue:04/16/2020 Due Date/Time:06/09/2020 4:30 PM Central Time County(ies):All NYS counties Classification:Vehicles & Equipment - Commodities Opportunity Type:General Entered By:Chris Robinson Description:Sourcewell, a State of Minnesota local government agency and service cooperative, is requesting proposals for Class 4-8 Chassis with Related Equipment, Accessories, and Services to result in a contracting solution for use by its Participating Entities.  Sourcewell Participating Entities include thousands of governmental, higher education, K-12 education, nonprofit, tribal government, and other public agencies located in the United States and Canada. A full copy of the Request for Proposals can be found on the Sourcewell Procurement Portal [https://proportal .sourcewell-mn.gov]. Only proposals submitted through the Sourcewell Procurement Portal will be considered. Proposals are due no later than June 9, 2020, at 4:30 p.m. Central Time, and late proposals will not be considered. Service-Disabled Veteran-Owned Set Aside: No 1 of 2 Contact Information Primary contact:Sourcewell Procurement Department Greg Grunig Procurement Lead Analyst 202 12th Street NE P.O. Box 219 Staples, MN 56479 United States Ph: 218-895-4189 greg.grunig@sourcewell-mn.gov Submit to contact:Sourcewell Procurement Department Greg Grunig Procurement Lead Analyst 202 12th Street NE P.O. Box 219 Staples, MN 56479 United States Ph: 218-895-4189 greg.grunig@sourcewell-mn.gov     © 2020, Empire State Development http://www.esd.ny.gov/ 2 of 2 Notice Basic Information Details Dates Contact Information Pre-Bidding Events Bid Submission Process Estimated Contract Value (CAD)$600,000,000.00 (Not shown to suppliers) Reference Number 0000174298 Issuing Organization Sourcewell Owner Organization Solicitation Type RFP - Request for Proposal (Formal) Solicitation Number 060920 Title Class 4-8 Chassis with Related Equipment, Accessories, and Services Source ID PP.CO.USA.868485.C88455 Location All of Canada, All of Canada Purchase Type Term: 2020/08/03 01:00:00 AM EDT - 2024/08/02 01:00:00 AM EDT Description Sourcewell, a State of Minnesota local government agency and service cooperative, is requesting proposals for Class 4-8 Chassis with Related Equipment, Accessories, and Services to result in a contracting solution for use by its Participating Entities. Sourcewell Participating Entities include thousands of governmental, higher education, K-12 education, nonprofit, tribal government, and other public agencies located in the United States and Canada. Only proposals submitted through the Sourcewell Procurement Portal will be considered. Proposals are due no later than June 9, 2020, at 4:30 p.m. Central Time, and late proposals will not be considered. Publication 2020/04/16 09:29:06 AM EDT Question Acceptance Deadline 2020/06/02 05:30:00 PM EDT Questions are submitted online No Bid Intent Not Available Closing Date 2020/06/09 05:30:00 PM EDT Prebid Conference 2020/05/19 11:00:00 AM EDT Procurement Department 218-894-1930 rfp@sourcewell-mn.gov Event Type Prebid Conference Attendance Recommended Event date 2020/05/19 11:00:00 AM EDT Location Online webinar Event Note Pre-Proposal login instructions will be emailed two days prior. Bid Submission Type Electronic Bid Submission Pricing In attached document Pricing In attached document Bid Documents List Item Name Description Mandatory Bid Documents Documents defining the proposal Yes 060920 - Class 4-8 Chassis with Related Equipment, Acces... 2020/04/16 09:29:26 AM EDT Page 1 of 4 Documents Documents Document Size Uploaded Date Language How to obtain RFP document [docx]140 Kb 2020/04/16 09:27:14 AM EDT English 060920 - Class 4-8 Chassis with Related Equipment, Acces... 2020/04/16 09:29:26 AM EDT Page 2 of 4 Categories Selected Categories GSIN Category (1) G Goods Goods N23 Ground Effect Vehicles, Motor Vehicles, Trailers, And Cycles Ground Effect Vehicles, Motor Vehicles, Trailers, And Cycles N2320 TRUCKS AND TRUCK TRACTORS, WHEELED Trucks and Truck Tractors, Wheeled NOTE: This class includes only complete wheel mounted trucks and truck tractors, and chassis therefor. The combined chassis and body of a special purpose truck, such as a machine shop, mobile laundry, or dental laboratory, is classified in this class. Includes Panel, Delivery and Pick up Trucks, Tactical and Administrative Military Cargo Carrying Vehicles, including Wheel Mounted Amphibian Vehicles; Truck Tractor and Trailer Combinations; Armored Cars. MERX Category (1) G Goods Goods G22 Miscellaneous Goods Miscellaneous Goods UNSPSC Category (1) 25000000 Commercial and Military and Private Vehicles and their Accessories and Components 25180000 Vehicle bodies and trailers 25181600 Automotive chassis 060920 - Class 4-8 Chassis with Related Equipment, Acces... 2020/04/16 09:29:26 AM EDT Page 3 of 4 Opportunity Notice Class 4 -8 Chassis with Related Equipment, Accessories and Services Opportunity Information Organization:Alberta Rural Municipalities of Alber Organization Address: Reference Number:AB-2020-02555 Solicitation Number: AB-2020-02555 Solicitation Type:Request for Proposal Posting (MM/dd/yyyy):04/16/2020 05:30:00 PM Alberta Time Closing (MM/dd/yyyy):06/09/2020 03:30:59 PM Alberta Time Last Update (MM/dd/yyyy):04/16/2020 05:23:21 PM Alberta Time Agreement Type:NWPTA/TILMA & CFTA & CETA Region of Opportunity:Open Region of Delivery:Alberta Opportunity Type:Open & Competitive Commodity Codes: N2320DGA: Truck, Maintenance, Diesel, to 27,499 GVWR N2320W00: Medium Truck Cab-Over-Engine N2320DMB: Truck, Tractor, Diesel, 27,500 GVWR and Up N2320DAB: Trucks (Dump, Stake, Van) Diesel-Powered, 27,500 lbs. GVWR and Up N4210PF: Truck, Fire, Crash, Rapid Intervention Vehicle, Medium Size (RIV)(B) N2320DQA: Truck, Wrecker, Diesel, to 27,499 GVWR N2320DMA: Truck, Tractor, Diesel, to 27,499 GVWR N2320DRA: Truck, Sander (Hopper Body) Diesel, to 27,499 GVWR N2320D: Truck and Truck Tractor Wheeled, Diesel, Over 10,000 GVWR (Except Military Configuration) N2320DFA: Truck, Liquid Waste Disposal, Diesel, to 27,499 GVWR N2320DHA: Truck, Refrigeration, Diesel, to 27,499 GVWR N2320DAA: Truck, (Dump, Stake, Van) Diesel Powered, to 27,499 lbs. GVWR N2320DLB: Truck, Tanker, Diesel, 27,500 GVWR and Up N2320DDA: Truck, Fuel Service, Diesel, to 27,499 GVWR N2320DLA: Truck, Tanker, Diesel, to 27,499 GVWR N2320DDB: Truck, Fuel Service, Diesel, 27,500 GVWR and Up N2320: Trucks and Truck Tractors, Wheeled N2320DGB: Truck, Maintenance, Diesel, 27,500 GVWR and Up N2320DFB: Truck, Liquid Waste Disposal, Diesel, 27,500 GVWR and Up N2320DJB: Truck, Refuse Collection, diesel, 27,500 GVWR and Up N2320DQB: Truck, Wrecker, Diesel, 27,500 GVWR and Up N2320DRB: Truck, Sander (Hopper Body) Diesel, 27,500 GVWR and Up N2320DHB: Truck, Refrigeration, Diesel, 27,500 GVWR and Up N2320DEA: Truck, Line Maintenance, Diesel, to 27,499 GVWR N2320DJA: Truck, Refuse Collection, Diesel, to 27,499 GVWR N2320GAA: Cab and Chassis, Gasoline Powered - GATT N2320DEB: Truck, Line Maintenance, Diesel, 27,500 GVWR and Up Category: Goods Potential vendors (bidders) may view the bid package here. Interested vendors (bidders) who wish to submit a response to this opportunity should register their interest by downloading the document(s) from the bid package. Opportunity Preview https://vendor.purchasingconnection.ca/Opportunity.aspx?Guid=07b9c26... 1 of 3 5/6/2020, 9:02 AM Response Submission: Only proposals submitted through the Sourcewell Procurement Portal will be considered. https://proportal.sourcewell-mn.gov Proposals are due no later than June 9, 2020, at 4:30 p.m. Central Time and late submissions will not be considered. Response Contact: Robinson, Chris Procurement Manager 2510 Sparrow Drive Nisku, Alberta T9E 8N5 Tel: 218-895-4168 Email: rfp@sourcewell-mn.gov Response Specifics: A full copy of the Request for Proposals can be found on the Sourcewell Procurement Portal [https://proportal.sourcewell-mn.gov]. Only proposals submitted through the Sourcewell Procurement Portal will be considered. Proposals are due no later than June 9, 2020, 4:30 pm Central Time, and late proposals will not be considered. Proposer’s complete proposal must be submitted through the Sourcewell Procurement Portal no later than the date and time specified in the Solicitation Schedule. Any other form of proposal submission, whether electronic, paper, or otherwise, will not be considered by Sourcewell. Only complete proposals that are timely submitted through the Sourcewell Procurement Portal will be considered. Late proposals will not be considered. It is the Proposer’s sole responsibility to ensure that the proposal is received on time. All proposals must be received through the Sourcewell Procurement Portal no later than the Proposal Due Date and time noted in the Solicitation Schedule above. It is recommended that Proposers allow sufficient time to upload the proposal and to resolve any issues that may arise. The closing time and date is determined by the Sourcewell Procurement Portal web clock. In the event of problems with the Sourcewell Procurement Portal, follow the instructions for technical support posted in the portal. It may take up to twenty-four (24) hours to respond to certain issues. Upon successful submission of a proposal, the Portal will automatically generate a confirmation email to the Proposer. If the Proposer does not receive a confirmation email, contact Sourcewell’s support provider at support@bidsandtenders.ca. To ensure receipt of the latest information and updates via email regarding this solicitation, or if the Proposer has obtained this solicitation document from a third party, the onus is on the Proposer to create a Sourcewell Procurement Portal Vendor Account and register for this solicitation opportunity. All proposals must be acknowledged digitally by an authorized representative of the Proposer attesting that the information contained in in the proposal is true and accurate. By submitting a proposal, Opportunity Preview https://vendor.purchasingconnection.ca/Opportunity.aspx?Guid=07b9c26... 2 of 3 5/6/2020, 9:02 AM Proposer warrants that the information provided is true, correct, and reliable for purposes of evaluation for potential contract award. The submission of inaccurate, misleading, or false information is grounds for disqualification from a contract award and may subject the Proposer to remedies available by law. Opportunity Description: Rural Municipalities of Alberta ("RMA"), is posting the solicitation on behalf of RMA and its current and potential Members and represented Associations and their Members, which includes local Governmental and other not-for-profit organizations located in all provinces and territories in Canada including but not limited to British Columbia, Alberta, Saskatchewan, Manitoba, Ontario, Nova Scotia, New Brunswick, Prince Edward Island, Newfoundland and Labrador and Northwest Territories. Request for Proposal ("RFP") to result in regional and/or national contract solutions under the rules and regulations of the New West Partnership Trade Agreement ("CETA") for this procurement, RMA/Sourcewell is requesting proposals for Class 4-8 Chassis with Related Equipment, Accessories, and Services to result in a national contracting solution for use by its members. Members include thousands of governmental, higher education, K-12 education, not-for-profit, tribal government, and other public agencies located in Canada. A full copy of the Request for Proposals can be found on the Sourcewell Procurement Portal [https://proportal.sourcewell-mn.gov]. Only proposals submitted through the Sourcewell Procurement Portal will be considered. Proposals are due no later than June 9, 2020, at 4:30 p.m. Central Time, and late proposals will not be considered. APC "Opportunity Notices" This notice is provided for information purposes only. Refer to the "Opportunity Documents" in the bid package for authoritative information. All queries pertaining to the language, content or any missing or inaccurate information within this abstract must be sent to its originator of the abstract, as specified in the opportunity notice. © APC - All rights reserved. No part of the information contained in this Web Site may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without the prior written permission of the Manager, Centre of Expertise via: SA.APCRequests@gov.ab.ca. Her Majesty the Queen in right of Alberta and the Alberta public sector entities that use APC are not responsible or liable for the accuracy of the information contained in the publication. It is the responsibility of interested parties to review the opportunity posting for changes or updates prior to the opportunity closing date/time. Opportunity Preview https://vendor.purchasingconnection.ca/Opportunity.aspx?Guid=07b9c26... 3 of 3 5/6/2020, 9:02 AM RFP#06092072Hour,LLC Adomani,Inc. AmthorInternational AutocarTruck,LLC BoyerFordTrucks,Inc. BYDMotors,LLC CertifiedStainlessService,Inc. ChasSWinner,Inc. CraneCarrierCompany DaimlerTrucksNorthAmerica DonBrownBusSales EcoVehicleSystems FederalContractsCorp.PossiblePointsConformancetoTerms/ConditionstoIncludeDocumentation5044363342414243334140353740Pricing400358335158355321309345175334295284339206Financial,IndustryandMarketplaceSuccesses7568545562576263516162575460Bidder'sAbilitytoSell/ServiceContractNationally10088605188716971528087676174Bidder'sMarketingPlan5046364142414045244139403840ValueAddedAttributes7564495264526963286361606166WarrantyCoveragesandInformation5042413444404141254043394140SelectionandVarietyofProductsandServicesOffered20018714093150165140169115161156126155109TotalPoints1,000897751517847788772840503821783708786635RankOrder1.5192351417724916201521HinoMotorsSalesUSA IndustrialPower,LLC KenworthTruckCompany LionBuses,Inc. LosAngelesTruckCentersMackTrucksNavistarPeterbiltMotorsCompany PhoenixCars,LLCRedheadEquipment StructuralMetalFabricators VolvoTrucksNorthAmericaPossible PointsConformance to Terms/ Conditions to Include Documentation50394144424244454540313031Pricing400334342358341321335338360313135224320Financial, Industry and Marketplace Successes75565467596267696957475065Bidder's Ability to Sell/ Service Contract Nationally100796592835988949371366486Bidder's Marketing Plan50333843394140434540192843Value Added Attributes75555466666067687161404665Warranty Coverages and Information50433942454244444341273443Selection and Variety of Products and Services Offered20016516717015116916117417112991110139Total Points1,000 804800882826796846875897752426586792Rank Order10113812641.518252213_____________________________________________________________________________GregGrunig,ProcurementLeadAnalyst CarolJackson,ProcurementAnalyst___________________________________________________________________________________BrandonTown,CPSM,CPSD,ProcurementAnalyst CraigWest,ProcurementAnalystProposalEvaluationClass4Ͳ8ChassiswithRelatedEquipment,Accessories,andServices        060920-KTC Rev. 2/2020 1 Solicitation Number: RFP #060920 CONTRACT This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Kenworth Truck Company, Division of PACCAR Inc., 10630 N.E. 38th Place, Kirkland, WA 98033 (Vendor). Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada. Vendor desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities). 1. TERM OF CONTRACT A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below. B. EXPIRATION DATE AND EXTENSION. This Contract expires August 1, 2024, unless it is cancelled sooner pursuant to Article 24. This Contract may be extended up to one additional one-year period upon request of Sourcewell and with written agreement by Vendor. C. SURVIVAL OF TERMS. Articles 11 through 16 survive the expiration or cancellation of this Contract. 2. EQUIPMENT, PRODUCTS, OR SERVICES A. EQUIPMENT, PRODUCTS, OR SERVICES. Vendor will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above. Vendor’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract. All Equipment and Products provided under this Contract must be new/current model. Vendor may offer close-out or refurbished Equipment or Products if they are clearly indicated in           060920-KTC Rev. 2/2020 2 Vendor’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site. This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed. B. WARRANTY. Vendor warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship pursuant to the express vehicle warranty and extended warranties provided with all Vendor’s vehicles. Vendor does not warrant or accept responsibility or liability for any parts separately warrantied, for example, body installations, or engines not manufactured by Vendor (which carry a separate manufacturer’s warranty). In addition, Vendor warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Vendor’s dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that is effective past the expiration of the Vendor’s warranty will be passed on to the Participating Entity. C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution, Vendor will make available to Sourcewell a means to validate or authenticate Vendor’s authorized dealers, distributors, and/or resellers relative to the Equipment, Products, and Services related to this Contract. This list may be updated from time-to-time and is incorporated into this Contract by reference. It is the Vendor’s responsibility to ensure Sourcewell receives the most current version of this list. 3. PRICING All Equipment, Products, or Services under this Contract will be priced as stated in Vendor’s Proposal. When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location. Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase. A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Vendor must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Participating Entities.           060920-KTC Rev. 2/2020 3 Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. Vendor must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition. Sourcewell may declare the Vendor in breach of this Contract if the Vendor intentionally delivers substandard or inferior Equipment or Products. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Vendor as soon as possible and the Vendor will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity. B. SALES TAX. Each Participating Entity is responsible for supplying the Vendor with valid tax- exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity. C. HOT LIST PRICING. At any time during this Contract, Vendor may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract. When Vendor determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below. Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities. 4. PRODUCT AND PRICING CHANGE REQUESTS Vendor may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Contract Administrator. This form is available from the assigned Sourcewell Contract Administrator. At a minimum, the request must: x Identify the applicable Sourcewell contract number; x Clearly specify the requested change; x Provide sufficient detail to justify the requested change; x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and           060920-KTC Rev. 2/2020 4 x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged. A fully executed Sourcewell Price and Product Request Form will be become an amendment to this Contract and be incorporated by reference. 5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities. The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Vendor understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source. Vendor is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential members to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract. B. PUBLIC FACILITIES. Vendor’s employees may be required to perform work at government- owned facilities, including schools. Vendor’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws. 6. PARTICIPATING ENTITY USE AND PURCHASING A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Vendor that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Vendor. Typically, a Participating Entity will issue an order directly to Vendor. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell contract number. All Participating Entity orders under this Contract must be issued prior to expiration of this Contract; however, Vendor performance,           060920-KTC Rev. 2/2020 5 Participating Entity payment, and any applicable warranty periods or other Vendor or Participating Entity obligations may extend beyond the term of this Contract. Vendor’s acceptable forms of payment are included in Attachment A. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity. B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order may be negotiated between a Participating Entity and Vendor, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entitles may require the use of a Participating Addendum; the terms of which will be worked out directly between the Participating Entity and the Vendor. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract. C. PERFORMANCE BOND. If requested by a Participating Entity, Vendor will provide a performance bond that meets the requirements set forth in the Participating Entity’s order. If a performance bond is requested by a Participating Entity, Vendor’s dealer will have sole responsibility to agree to and establish the bond. D. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements (such as e-commerce specifications, specialized delivery requirements, or other specifications and requirements) not addressed in this Contract, the Participating Entity and the Vendor may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement. E. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Vendor in the event of any of the following events: 1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the goods to be purchased; 2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements; or 3. Vendor commits any material breach of this Contract or the additional terms agreed to between the Vendor and a Participating Entity. F. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase.           060920-KTC Rev. 2/2020 6 7.CUSTOMER SERVICE A.PRIMARY ACCOUNT REPRESENTATIVE. Vendor will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for: x Maintenance and management of this Contract; x Timely response to all Sourcewell and Participating Entity inquiries; and x Business reviews to Sourcewell and Participating Entities, if applicable. B.BUSINESS REVIEWS. Vendor must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, supply issues, customer issues, and any other necessary information. 8.REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A.CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Vendor must provide a contract sales activity report (Report) to the Sourcewell Contract Administrator assigned to this Contract. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Vendor must submit a report indicating no sales were made). The Report must contain the following fields: x Customer Name (e.g., City of Staples Highway Department); x Customer Physical Street Address; x Customer City; x Customer State/Province; x Customer Zip Code; x Customer Contact Name; x Customer Contact Email Address; x Customer Contact Telephone Number; x Sourcewell Assigned Entity/Participating Entity Number; x Item Purchased Description; x Item Purchased Price; x Sourcewell Administrative Fee Applied; and x Date Purchase was invoiced/sale was recognized as revenue by Vendor. B.ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Vendor will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Vendor may not charge Participating Entities more than the contracted           060920-KTC Rev. 2/2020 7 price to offset the Administrative Fee. The Vendor will submit a check payable to Sourcewell for the administrative fee amount stated in the Proposal multiplied by the total number of trucks purchased by Participating Entities under this Contract during each calendar quarter. Payments should note the Sourcewell- assigned contract number in the memo and must be mailed to the address above “Attn: Accounts Receivable.” Payments must be received no later than 45 calendar days after the end of each calendar quarter. Vendor agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract. In the event the Vendor is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Vendor in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date. 9. AUTHORIZED REPRESENTATIVE Sourcewell's Authorized Representative is its Chief Procurement Officer. Vendor’s Authorized Representative is the person named in the Vendor’s Proposal. If Vendor’s Authorized Representative changes at any time during this Contract, Vendor must promptly notify Sourcewell in writing. 10. ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. ASSIGNMENT. Neither the Vendor nor Sourcewell may assign or transfer any rights or obligations under this Contract without the prior consent of the parties and a fully executed assignment agreement. Such consent will not be unreasonably withheld. B. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been fully executed by the parties. C. WAIVER. If either party fails to enforce any provision of this Contract, that failure does not waive the provision or the right to enforce it. D. CONTRACT COMPLETE. This Contract contains all negotiations and agreements between Sourcewell and Vendor. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. E. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their           060920-KTC Rev. 2/2020 8 respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent. 11. LIABILITY Vendor must indemnify, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees, to the extent arising out of the performance of this Contract by the Vendor or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. 12. AUDITS Sourcewell reserves the right to review the books, records, documents, and accounting procedures and practices of the Vendor relevant to this Contract for a minimum of 6 years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract. 13. GOVERNMENT DATA PRACTICES Vendor and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Vendor under this Contract. If the Vendor receives a request to release the data referred to in this article, the Vendor must immediately notify Sourcewell and Sourcewell will assist with how the Vendor should respond to the request. 14. INDEMNIFICATION As applicable, Vendor agrees to indemnify and hold harmless Sourcewell and its Participating Entities against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Participating Entities by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Vendor in violation of applicable patent or copyright laws. 15. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A. INTELLECTUAL PROPERTY 1. Grant of License. During the term of this Contract:           060920-KTC Rev. 2/2020 9 a. Sourcewell grants to Vendor a royalty-free, worldwide, non-exclusive right and license to use theTrademark(s) provided to Vendor by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Vendor. b. Vendor grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Vendor’s Trademarks in advertising and promotional materials for the purpose of marketing Vendor’s relationship with Sourcewell. 2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to its and their respective distributors, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees. 3. Use; Quality Control. a. Sourcewell must not alter Vendor’s Trademarks from the form provided by Vendor and must comply with Vendor’s removal requests as to specific uses of its trademarks or logos. b. Vendor must not alter Sourcewell’s Trademarks from the form provided by Sourcewell and must comply with Sourcewell’s removal requests as to specific uses of its trademarks or logos. c. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s Trademarks only in good faith and in a dignified manner consistent with such party’s use of the Trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated. 4. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of vendors which may be used until the next printing). Vendor must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions. B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Vendor individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract. C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Materials should be sent to the Sourcewell Contract Administrator assigned to this Contract.           060920-KTC Rev. 2/2020 10 D. ENDORSEMENT. The Vendor must not claim that Sourcewell endorses its Equipment, Products, or Services. 16. GOVERNING LAW, JURISDICTION, AND VENUE Minnesota law governs this Contract. Venue for all legal proceedings out of this Contract, or its breach, must be in the appropriate state court in Todd County or federal court in Fergus Falls, Minnesota. 17. FORCE MAJEURE Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default. 18. SEVERABILITY If any provision of this Contract is found to be illegal, unenforceable, or void then both Sourcewell and Vendor will be relieved of all obligations arising under such provisions. If the remainder of this Contract is capable of performance, it will not be affected by such declaration or finding and must be fully performed. 19. PERFORMANCE, DEFAULT, AND REMEDIES A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows: 1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Vendor will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties. 2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Vendor may escalate the resolution of the issue to a higher level of management. The Vendor will have 30 calendar days to cure an outstanding issue. 3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Vendor must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Vendor fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed will be borne by the Vendor. B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default:           060920-KTC Rev. 2/2020 11 1. Nonperformance of contractual requirements, or 2. A material breach of any term or condition of this Contract. Written notice of default and a reasonable opportunity to cure must be issued by the party claiming default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may: x Exercise any remedy provided by law or equity, or x Terminate the Contract or any portion thereof, including any orders issued against the Contract. 20. INSURANCE A. REQUIREMENTS. At its own expense, Vendor must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following: 1. Workers’ Compensation and Employer’s Liability. Workers’ Compensation: As required by any applicable law or regulation. Employer's Liability Insurance: must be provided in amounts not less than listed below: Minimum limits: $500,000 each accident for bodily injury by accident $500,000 policy limit for bodily injury by disease $500,000 each employee for bodily injury by disease 2. Commercial General Liability Insurance. Vendor will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract. Minimum Limits: $1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury $2,000,000 aggregate for Products-Completed operations $2,000,000 general aggregate           060920-KTC Rev. 2/2020 12 3. Commercial Automobile Liability Insurance. During the term of this Contract, Vendor will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent. Minimum Limits: $1,000,000 each accident, combined single limit 4. Umbrella Insurance. During the term of this Contract, Vendor will maintain umbrella coverage over Workers’ Compensation, Commercial General Liability, and Commercial Automobile. Minimum Limits: $2,000,000 5. Professional/Technical, Errors and Omissions, and/or Miscellaneous Professional Liability. During the term of this Contract, Vendor will maintain coverage for all claims the Vendor may become legally obligated to pay resulting from any actual or alleged negligent act, error, or omission related to Vendor’s professional services required under this Contract. Minimum Limits: $2,000,000 per claim or event $2,000,000 – annual aggregate 6. Network Security and Privacy Liability Insurance. During the term of this Contract, Vendor will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Vendor’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service. Minimum limits: $2,000,000 per occurrence $2,000,000 annual aggregate Failure of Vendor to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default. B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Vendor must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Contract Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf. All policies must include           060920-KTC Rev. 2/2020 13 there will be no cancellation, suspension, non-renewal, or reduction of coverage without 30 days’ prior written notice to the Vendor. Upon request, Vendor must provide to Sourcewell copies of applicable policies and endorsements, within 10 days of a request. Failure to request certificates of insurance by Sourcewell, or failure of Vendor to provide certificates of insurance, in no way limits or relieves Vendor of its duties and responsibilities in this Contract. C. Intentionally Omitted. D. WAIVER OF SUBROGATION. Vendor waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Vendor or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Vendor or its subcontractors. Where permitted by law, Vendor must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors. E. UMBRELLA/EXCESS LIABILITY. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self- insurance in accordance with Vendor’s risk management practices. 21. COMPLIANCE A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold. B. LICENSES. Vendor must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Vendor conducts with Sourcewell and Participating Entities. 22. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION Vendor certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Vendor declares bankruptcy, Vendor must immediately notify Sourcewell in writing. Vendor certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian           060920-KTC Rev. 2/2020 14 government, as applicable; or any Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Vendor further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time. 23. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER UNITED STATES FEDERAL AWARDS OR OTHER AWARDS Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may also require additional requirements based on specific funding specifications. Within this Article, all references to “federal” should be interpreted to mean the United States federal government. The following list only applies when a Participating Entity accesses Vendor’s Equipment, Products, or Services with United States federal funds. A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60- 1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference. If required to file compliance reports, Vendor will provide AAP and EEO1 reports only. B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work           060920-KTC Rev. 2/2020 15 Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Vendor must be in compliance with all applicable Davis-Bacon Act provisions. C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5). Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above. D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above. E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Vendor certifies that during the term of this Contract will comply with applicable requirements as referenced above.           060920-KTC Rev. 2/2020 16 F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency. G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Vendors must file any required certifications. Vendors must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Vendors must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Vendors must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352). H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Vendor must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Vendor further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed. I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Vendor must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Vendor must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition. K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Vendor agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Vendor that are directly pertinent to Vendor’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right           060920-KTC Rev. 2/2020 17 also includes timely and reasonable access to Vendor’s personnel for the purpose of interview and discussion relating to such documents. L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 24. CANCELLATION Sourcewell or Vendor may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Vendor’s Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation. Sourcewell Kenworth Truck Company, Division of PACCAR Inc. By: __________________________ By: __________________________ Jeremy Schwartz Mike Kleespies Title: Director of Operations & Procurement/CPO Title: Director Medium Duty Sales Date: ________________________ Date: ________________________ Approved: By: __________________________ Chad Coauette Title: Executive Director/CEO Date: ________________________                       5)3&ODVV&KDVVLVZLWK5HODWHG(TXLSPHQW $FFHVVRULHVDQG6HUYLFHV  9HQGRU'HWDLOV &RPSDQ\1DPH.HQZRUWK7UXFN&RPSDQ\'LYLVLRQRI3$&&$5,QF $GGUHVV 1(WK3ODFH .LUNODQG:DVKLQJWRQ &RQWDFW0LNH.OHHVSLHV (PDLOPLNHNOHHVSLHV#SDFFDUFRP 3KRQH +67 6XEPLVVLRQ'HWDLOV &UHDWHG2Q0RQGD\0D\ 6XEPLWWHG2Q7XHVGD\-XQH 6XEPLWWHG%\0LNH.OHHVSLHV (PDLOPLNHNOHHVSLHV#SDFFDUFRP 7UDQVDFWLRQGDEIDFGFI 6XEPLWWHU V,3$GGUHVV Bid Number: RFP 060920 Vendor Name: Kenworth Truck Company, Division of PACCAR Inc.           6SHFLILFDWLRQV 7DEOH3URSRVHU,GHQWLW\ $XWKRUL]HG5HSUHVHQWDWLYHV *HQHUDO,QVWUXFWLRQV DSSOLHVWRDOO7DEOHV 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0LNHௐ.OHHVSLHV 'LUHFWRUௐ0HGLXPௐ'XW\ௐ6DOHV ௐ*ROGHQௐ3UDLULHௐ'U 7DPSDௐ)/ௐ PLNH.OHHVSLHV#SDFFDUFRP    3URSRVHU VௐRWKHUௐFRQWDFWVௐIRUௐWKLVௐ SURSRVDOௐLIௐDQ\ௐ QDPHௐWLWOHௐ DGGUHVVௐHPDLOௐDGGUHVVௐ ௐSKRQH  QRQH 7DEOH&RPSDQ\,QIRUPDWLRQDQG)LQDQFLDO6WUHQJWK /LQH ,WHP 4XHVWLRQ 5HVSRQVH Bid Number: RFP 060920 Vendor Name: Kenworth Truck Company, Division of PACCAR Inc.            3URYLGHௐDௐEULHIௐKLVWRU\ௐRIௐ\RXUௐFRPSDQ\ௐ LQFOXGLQJௐ\RXUௐFRPSDQ\¶VௐFRUHௐYDOXHVௐ EXVLQHVVௐSKLORVRSK\ௐDQGௐLQGXVWU\ௐORQJHYLW\ௐ UHODWHGௐWRௐWKHௐUHTXHVWHGௐHTXLSPHQWௐSURGXFWVௐ RUௐVHUYLFHV 7KHௐ.HQWௐDQGௐ:RUWKLQJWRQௐIDPLO\ௐVWDUWLQJௐEXLOGLQJௐWUXFNVௐLQௐௐDQGௐIRUPHGௐ .HQZRUWKௐLQௐௐௐ,Qௐௐ3$&&$5ௐSXUFKDVHGௐ.HQZRUWKௐ7UXFNVௐௐ.HQZRUWKௐ7UXFNௐ &RPSDQ\ௐLVௐDௐ'LYLVLRQௐRIௐ3$&&$5ௐ,QFௐௐ7KHௐ.HQZRUWKௐPLVVLRQௐLVௐWRௐHQJLQHHUௐ PDQXIDFWXUHௐDQGௐPDUNHWௐ³7+(ௐ:25/'¶6ௐ%(67´ௐWUXFNVௐDQGௐVHUYLFHVௐௐ:HௐZLOOௐ DFFRPSOLVKௐRXUௐPLVVLRQௐWKURXJKௐFRPPLWPHQWௐWRௐHPSOR\HHௐGHYHORSPHQWௐDJLOHௐEXVLQHVVௐ SURFHVVHVௐDQGௐXQVXUSDVVHGௐFXVWRPHUௐVDWLVIDFWLRQௐௐ2XUௐYHKLFOHVௐZLOOௐEHௐILUVWௐLQௐ 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Financial Strength and Stability - paccar-2019-annual financial report.pdf - Thursday May 28, 2020 16:29:19 Marketing Plan/Samples - Marketing support docs.zip - Thursday May 28, 2020 16:45:51 WMBE/MBE/SBE or Related Certificates - Women in Trucking Award.docx - Thursday May 28, 2020 16:29:38 Warranty Information - Kenworth Warranty Documents.zip - Thursday May 28, 2020 16:29:57 Pricing - Member Pricing Matrix for Kenworth Trucks.pdf - Thursday June 04, 2020 12:28:28 Additional Document - Kenworth Additional Supporting Docs.zip - Tuesday June 09, 2020 12:15:59 Bid Number: RFP 060920 Vendor Name: Kenworth Truck Company, Division of PACCAR Inc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¶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³6SHFLDOO\'HVLJQDWHG1DWLRQDOVDQG%ORFNHG3HUVRQV´OLVWPDLQWDLQHGE\WKH2IILFHRI)RUHLJQ$VVHWV&RQWURO RIWKH8QLWHG6WDWHV'HSDUWPHQWRIWKH7UHDVXU\IRXQGDWKWWSVZZZWUHDVXU\JRYRIDFGRZQORDGVVGQOLVWSGI E ,QFOXGHGRQWKHJRYHUQPHQWZLGHH[FOXVLRQVOLVWVLQWKH8QLWHG6WDWHV6\VWHPIRU$ZDUG0DQDJHPHQWIRXQGDW KWWSVZZZVDPJRYSRUWDORU F 3UHVHQWO\GHEDUUHGVXVSHQGHGSURSRVHGIRUGHEDUPHQWGHFODUHGLQHOLJLEOHRUYROXQWDULO\H[FOXGHGIURPSURJUDPVRSHUDWHG Bid Number: RFP 060920 Vendor Name: Kenworth Truck Company, Division of PACCAR Inc.           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ProposalOpeningRecord   Dateofopening:June9,2020   SourcewellpostedRequestforProposal#060920,fortheprocurementofClass4Ͳ8ChassiswithRelatedEquipment, Accessories,andServices,ontheSourcewellProcurementPortal[proportal.sourcewellͲmn.gov]onThursday,March 17,2020,andthesolicitationremainedinanopenstatuswithintheportaluntilJune9,2020,at4:30pmCT.TheRFP requiredthatallproposalsbesubmittedthroughtheSourcewellProcurementPortalnolaterthan4:30pmCTon June9,2020,thedateandtimespecifiedintheSolicitationSchedule.  TheundersignedcertifythatallresponsesreceivedonRequestforProposal#060920weresubmittedthroughthe SourcewellProcurementPortal,andthateachProposer’sresponsematerialwasdigitallysealeduponsubmissionand remainedinaccessibleuntiltheduedateandtimespecifiedintheSolicitationSchedule.  Responseswerereceivedfromthefollowing:  72HOUR,LLCͲreceived6/09/20at12:25:02AM ADOMANI,Inc.Ͳreceived6/09/20at2:00:41PM AmthorInternationalͲreceived6/09/20at8:49:27AM AutocarTruck,LLCͲreceived6/03/20at12:06:51PM BoyerFordTrucks,Inc.Ͳreceived6/09/20at4:11:47PM BYDMotors,LLCͲreceived6/09/20at2:13:51PM CertifiedStainlessService,Inc.Ͳreceived6/09/20at4:03:24PM ChasSWinner,Inc.Ͳreceived6/09/20at12:35:25PM CraneCarrierCompanyͲreceived6/09/20at2:47:57PM DaimlerTrucksNorthAmericaͲreceived6/09/20at8:32:35AM DonBrownBusSales,Inc.Ͳreceived6/09/20at12:43:49PM EcoVehicleSystems,LLC.Ͳreceived6/09/20at4:08:05PM FederalContractsCorp.Ͳreceived6/08/20at8:40:30PM HinoMotorsSalesU.S.A.,Inc.Ͳreceived6/08/20at7:48:22PM IndustrialPower,LLCͲreceived6/09/20at3:50:08PM KenworthTruckCompany,DivisionofPACCAR,Inc.Ͳreceived6/09/20at12:25:16PM LionBuses,Inc.Ͳreceived6/09/20at2:46:29PM LOSANGELESTRUCKCENTERSͲreceived6/09/20at11:24:39AM MackTrucksͲreceived6/09/20at7:58:55AM Navistar,Inc.Ͳreceived6/09/20at2:41:32PM PeterbiltMotorsCompanyͲreceived6/09/20at2:02:13PM PhoenixCars,LLCͲreceived6/09/20at2:11:39PM RedheadEquipmentͲreceived6/09/20at11:29:04AM           Sourcewell Page2of2  StructuralMetalFabricators,Inc.Ͳreceived6/09/20at2:11:40PM VolvoTrucksNorthAmerica,LLCͲreceived6/09/20at10:32:23AM  TheProposalswereopenedelectronically,andalistofallProposerswasmadepubliclyavailableintheSourcewell ProcurementPortal,onJune9,2020,at4:32:00PMCT.Allresponsiveproposalswerethensubmittedforreview bytheSourcewellEvaluationCommittee.       ___________________________________________________________________________ ChrisRobinson,CPSM,ProcurementManagerKimAustin,CPPB,ProcurementLeadAnalyst      ______________________________ CarolJackson,ProcurementAnalyst          Rev. 2/2020 Sourcewell RFP #060920 Class 4-8 Chassis with Related Equipment, Accessories, and Services Page 1 RFP #060920 REQUEST FOR PROPOSALS for Class 4-8 Chassis with Related Equipment, Accessories, and Services Proposal Due Date: June 9, 2020, 4:30 p.m., Central Time Sourcewell, a State of Minnesota local government agency and service cooperative, is requesting proposals for Class 4-8 Chassis with Related Equipment, Accessories, and Services to result in a contracting solution for use by its Participating Entities. Sourcewell Participating Entities include thousands of governmental, higher education, K-12 education, nonprofit, tribal government, and other public agencies located in the United States and Canada. A full copy of the Request for Proposals can be found on the Sourcewell Procurement Portal [https://proportal.sourcewell- mn.gov]. Only proposals submitted through the Sourcewell Procurement Portal will be considered. Proposals are due no later than June 9, 2020, at 4:30 p.m. Central Time, and late proposals will not be considered. Solicitation Schedule Public Notice of RFP Published: April 16, 2020 Pre-proposal Conference: May 19, 2020 10:00 a.m., Central Time Question Submission Deadline: June 2, 2020, 4:30 p.m., Central Time Proposal Due Date: June 9, 2020, 4:30 p.m., Central Time Late responses will not be considered. Opening: June 9, 2020, 6:30 p.m., Central Time ** ** SEE RFP SUB-SECTION V. G. “OPENING” Rev. 2/2020 Sourcewell RFP #060920 Class 4-8 Chassis with Related Equipment, Accessories, and Services Page 2 I.ABOUT SOURCEWELL PARTICIPATING ENTITIES A.SOURCEWELL Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that facilitates a competitive public solicitation and contract award process for the benefit of its 50,000+ participating entities across the United States and Canada. Sourcewell’s solicitation process complies with State of Minnesota law and policies, conforms to Canadian trade agreements, and results in cooperative contracting solutions from which Sourcewell’s Participating Entities procure equipment, products, and services. Cooperative contracting provides participating entities and vendors increased administrative efficiencies and the power of combined purchasing volume that result in overall cost savings. At times, Sourcewell also partners with other purchasing cooperatives to combine the purchasing volume of their membership into a single solicitation and contract expanding the reach of contracted vendors’ potential pool of end users. Sourcewell uses a website-based platform, the Sourcewell Procurement Portal, through which all proposals to this RFP must be submitted. B.USE OF RESULTING CONTRACTS In the United States, Sourcewell’s contracts are available for use by: Federal and state government entities; Cities, towns, and counties/parishes; Education service cooperatives; K-12 and higher education entities; Tribal government entities; Some nonprofit entities; and Other public entities. In Canada, Sourcewell’s contracts are available for use by: Provincial and territorial government departments, ministries, agencies, boards, councils, committees, commissions, and similar agencies; Regional, local, district, and other forms of municipal government, municipal organizations, school boards, and publicly-funded academic, health, and social service entities referred to as MASH sector (this should be construed to include but not be limited to the Cities of Calgary, Edmonton, Toronto, Calgary, Ottawa, and Winnipeg), as well as any corporation or entity owned or controlled by one or more of the preceding entities; Rev. 2/2020 Sourcewell RFP #060920 Class 4-8 Chassis with Related Equipment, Accessories, and Services Page 3 Crown corporations, government enterprises, and other entities that are owned or controlled by these entities through ownership interest; Members of the Rural Municipalities of Alberta (RMA) and their represented Associations, Saskatchewan Association of Rural Municipalities (SARM), Saskatchewan Urban Municipalities Association (SUMA), Association of Manitoba Municipalities (AMM), Local Authority Services (LAS), Municipalities Newfoundland and Labrador (MNL), Nova Scotia Federation of Municipalities (NSFM), and Federation of Prince Edward Island Municipalities (FPEIM). For a listing of current United States and Canadian Participating Entities visit Sourcewell’s website (note: there is a tab for each country’s listing): https://www.sourcewell- mn.gov/sourcewell-for-vendors/member-locator. Access to contracted equipment, products, or services by Participating Entities is typically through a purchase order issued directly to the applicable vendor. A Participating Entity may request additional terms or conditions related to a purchase. Use of Sourcewell contracts is voluntary and Participating Entities retain the right to obtain similar equipment, products, or services from other sources. To meet Participating Entities’ needs, public notice of this RFP has been broadly published, including notification in the United States to each state-level procurement department for possible re-posting. Proof of publication will be available at the conclusion of the solicitation process. II.EQUIPMENT, PRODUCTS, AND SERVICES A.SOLUTIONS-BASED SOLICITATION This RFP and contract award process is a solutions-based solicitation; meaning that Sourcewell is seeking equipment, products, or services that meet the general requirements of the scope of this RFP and that are commonly desired or are required by law or industry standards. B.REQUESTED EQUIPMENT, PRODUCTS, OR SERVICES It is expected that Proposers will offer a wide array of equipment, products, or services at lower prices and with better value than what they would ordinarily offer to a single government entity, a school district, or a regional cooperative. 1.Sourcewell is seeking proposals for Class 4-8 Chassis with Related Equipment, Accessories, and Services, including, but not to be limited to: a.Chassis and cabs as classified by gross vehicle weight ratings (GVWR): Rev. 2/2020 Sourcewell RFP #060920 Class 4-8 Chassis with Related Equipment, Accessories, and Services Page 4 Class 4: 14,001-16,000 lbs Class 5: 16,001-19,500 lbs Class 6: 19,501-26,000 lbs Class 7: 26,001-33,000 lbs Class 8: 33,001+ lbs b.A wide range of Class 4-8 chassis types and classifications, including conventional internal combustion, natural gas or propane autogas, hybrid or alternative fuel, and electric powered Class 4-8 Chassis. c.Proposers may include Class 3 chassis provided that they are complementary to Proposer’s offering of Class 4-8 chassis. d.Proposers may include related equipment, accessories, and services to the extent that the solutions are an incidental portion of the response. 2.The primary focus of this solicitation is on Class 4-8 Chassis with Related Equipment, Accessories, and Services. This solicitation should NOT be construed to include: a.Transit buses. 3.This solicitation does not include those equipment, products, or services covered under categories included in contracts currently maintained by Sourcewell: a.School Buses with Related Supplies, Parts and Services (RFP #102115); and b.Vehicles, Cars, Vans, SUVs, and Light Trucks with Related Equipment, Accessories, and Services (RFP #120716). Generally, the solutions for Participating Entities are turn-key solutions, providing a combination of equipment, products and services, delivery, and installation to a properly operating status. However, equipment or products only solutions may be appropriate for situations where Participating Entities possess the ability, either in-house or through local third- party contractors, to properly install and bring to operation the equipment or products being proposed. Sourcewell prefers vendors that provide a sole source of responsibility for the products and services provided under a resulting contract. If Proposer requires the use of dealers, resellers, or subcontractors to provide the products or services, the Proposal should address how the products or services will be provided to Participating Entities and describe the network of dealers, resellers, and/or subcontractors that will be available to serve Participating Entities under a resulting contract. Rev. 2/2020 Sourcewell RFP #060920 Class 4-8 Chassis with Related Equipment, Accessories, and Services Page 5 Sourcewell desires the broadest possible selection of equipment, products, and services being proposed over the largest possible geographic area and to the largest possible cross-section of Sourcewell current and future Participating Entities. C.REQUIREMENTS It is expected that Proposers have knowledge of all applicable industry standards, laws, and regulations and possess an ability to market and distribute the equipment, products, or services to Participating Entities. 1.Safety Requirements. All items proposed must comply with current applicable safety or regulatory standards or codes. 2.Deviation from Industry Standard. Deviations from industry standards must be identified with an explanation of how the equipment, products, and services will provide equivalent function, coverage, performance, and/or related services. 3.New Equipment and Products. Proposed equipment and products must be for new, current model; however, Proposer may offer certain close-out equipment or products if it is specifically noted in the Pricing proposal. 4.Delivered and operational. Unless clearly noted in the Proposal, equipment and products must be delivered to the Participating Entity as operational. 5.Warranty. All equipment, products, supplies, and services must be covered by a warranty that is the industry standard or better. D.ANTICIPATED CONTRACT TERM Sourcewell anticipates that the term of any resulting contract(s) will be four (4) years. Up to two one-year extensions may be offered based on the best interests of Sourcewell and its Participating Entities. E.ESTIMATED CONTRACT VALUE AND USAGE Based on past volume of similar contracts, the estimated annual value of all transactions from contracts resulting from this RFP are anticipated to be USD $150 Million; therefore, proposers are expected to propose volume pricing. Sourcewell anticipates considerable activity under the contract(s) awarded from this RFP; however, sales and sales volume from any resulting contract are not guaranteed. F.MARKETING PLAN Proposer’s sales force will be the primary source of communication with Participating Entities. The Proposer’s Marketing Plan should demonstrate Proposer’s ability to deploy a sales force or dealer network to Participating Entities, as well as Proposer’s sales and service capabilities. It is expected that Proposer will promote and market any contract award. Rev. 2/2020 Sourcewell RFP #060920 Class 4-8 Chassis with Related Equipment, Accessories, and Services Page 6 G.ADDITIONAL CONSIDERATIONS 1.Contracts will be awarded to Proposers able to best meet the need of Participating Entities. Proposers should submit their complete line of equipment, products, or services that are applicable to the scope of this RFP. 2.Proposers should include all relevant information in its proposal, since Sourcewell cannot consider information that is not included in the Proposal. Sourcewell reserves the right to verify Proposer’s information and may request clarification from a Proposer, including samples of the proposed equipment or products. 3.Depending upon the responses received in a given category, Sourcewell may need to organize responses into subcategories in order to provide the broadest coverage of the requested equipment, products, or services to Participating Entities. Awards may be based on a subcategory. 4.A Proposer’s documented negative past performance with Sourcewell or its Participating Entities occurring under a previously awarded Sourcewell contract may be considered in the evaluation of a proposal. III.PRICING A.REQUIREMENTS All proposed pricing must be: 1.Either Line-Item Pricing or Percentage Discount from Catalog Pricing, or a combination of these: a.Line-item Pricing is pricing based on each individual product or services. Each line must indicate the Vendor’s published “List Price,” as well as the “Contract Price.” b.Percentage Discount from Catalog or Category is based on a percentage discount from a catalog or list price, defined as a published Manufacturer’s Suggested Retail Price (MSRP) for the products or services. Individualized percentage discounts can be applied to any number of defined product groupings. Proposers will be responsible for providing and maintaining current published MSRP with Sourcewell, and this pricing must be included in its proposal and provided throughout the term of any Contract resulting from this RFP. 2.The Proposer’s ceiling price (Ceiling price means that the proposed pricing will be considered as the highest price for which equipment, products, or services may be billed to a Participating Entity). However, it is permissible for vendors to sell at a price that is lower than the contracted price; 3.Stated in U.S. and Canadian dollars (as applicable); and 4.Clearly understood, complete, and fully describe the total cost of acquisition (e.g., the cost of the proposed equipment, products, and services delivered and operational for its intended purpose in the Participating Entity’s location). Rev. 2/2020 Sourcewell RFP #060920 Class 4-8 Chassis with Related Equipment, Accessories, and Services Page 7 Proposers should clearly identify any costs that are NOT included in the proposed product or service pricing. This may include items such as installation, set up, mandatory training, or initial inspection. Include identification of any parties that impose such costs and their relationship to the Proposer. Additionally, Proposers should clearly describe any unique distribution and/or delivery methods or options offered in the Proposal. B.ADMINISTRATIVE FEES Proposers are expected to pay to Sourcewell an administrative fee in exchange for Sourcewell facilitating the resulting contracts. The administrative fee is normally calculated as a percentage of the total sales to Participating Entities for all contracted equipment, products, or services made during a calendar quarter, and is typically one percent (1%) to two percent (2%). In some categories, a flat fee may be an acceptable alternative. IV.CONTRACT Proposers awarded a contract will be required to execute a contract with Sourcewell (see attached template). Only those modifications the Proposer indicates in its proposal will be available for discussion. Much of the language in the Contract reflects Minnesota legal requirements and cannot be altered. Numerous and/or onerous exceptions that contradict Minnesota law may result in the Proposal being disqualified from further review and evaluation. To request a modification to the Contract terms, conditions, or specifications, a Proposer must complete and submit the Exceptions to Terms, Conditions, or Specifications table, with all requested modifications, through the Sourcewell Procurement Portal at the time of submitting the Proposer’s Proposal. Exceptions must: 1.Clearly identify the affected article and section, and 2.Clearly note what language is requested to be modified. Unclear requests will be automatically denied. Only those exceptions that have been accepted by Sourcewell will be included in the contract document provided to the awarded vendor for signature. If a Proposer receives a contract award resulting from this solicitation it will have up to 30 days to sign and return the contract. After that time, at Sourcewell’s sole discretion, the contract award may be revoked. V.RFP PROCESS A.PRE-PROPOSAL CONFERENCE Sourcewell will hold an optional, non-mandatory pre-proposal conference via webcast on the date and time noted on page one of this RFP and on the Sourcewell Procurement Portal. The Rev. 2/2020 Sourcewell RFP #060920 Class 4-8 Chassis with Related Equipment, Accessories, and Services Page 8 purpose of this conference is to allow potential Proposers to ask questions regarding this RFP and Sourcewell’s competitive contracting process. Information about the webcast will be sent to all entities that have registered for this solicitation opportunity through their Sourcewell Procurement Portal Vendor Account. Pre-proposal conference attendance is optional. B.QUESTIONS REGARDING THIS RFP AND ORAL COMMUNICATION Questions regarding this RFP must be submitted through the Sourcewell Procurement Portal. The deadline for submission of questions is found in the Solicitation Schedule and on the Sourcewell Procurement Portal. Answers to questions will be issued through an addendum to this RFP. Repetitive questions will be summarized into a single answer and identifying information will be removed from the submitted questions. All questions, whether specific to a Proposer or generally related to the RFP, must be submitted using this process. Do not contact individual Sourcewell staff to ask questions or request information as this may disqualify the Proposer from responding to this RFP. Sourcewell will not respond to questions submitted after the deadline. C.ADDENDA Sourcewell may modify this RFP at any time prior to the proposal due date by issuing an addendum. Addenda issued by Sourcewell become a part of the RFP and will be delivered to potential Proposers through the Sourcewell Procurement Portal. Sourcewell accepts no liability in connection with the delivery of any addenda. Before a proposal will be accepted through the Sourcewell Procurement Portal, all addenda, if any, must be acknowledged by the Proposer by checking the box for each addendum. It is the responsibility of the Proposer to check for any addenda that may have been issued up to the solicitation due date and time. If an addendum is issued after a Proposer submitted its proposal, the Sourcewell Procurement Portal will WITHDRAW the submission and change the Proposer’s proposal status to INCOMPLETE. The Proposer can view this status change in the “MY BIDS” section of the Sourcewell Procurement Portal Vendor Account. The Proposer is solely responsible to check the “MY BIDS” section of the Sourcewell Procurement Portal Vendor Account periodically after submitting its Proposal (and up to the Proposal due date). If the Proposer’s Proposal status has changed to INCOMPLETE, the Proposer is solely responsible to: i)make any required adjustments to its proposal; ii)acknowledge the addenda; and iii)ensure the re-submitted proposal is received through the Sourcewell Procurement Portal no later than the Proposal Due Date and time shown in the Solicitation Schedule above. D.PROPOSAL SUBMISSION Rev. 2/2020 Sourcewell RFP #060920 Class 4-8 Chassis with Related Equipment, Accessories, and Services Page 9 Proposer’s complete proposal must be submitted through the Sourcewell Procurement Portal no later than the date and time specified in the Solicitation Schedule. Any other form of proposal submission, whether electronic, paper, or otherwise, will not be considered by Sourcewell. Late proposals will not be considered. It is the Proposer’s sole responsibility to ensure that the proposal is received on time. It is recommended that Proposers allow sufficient time to upload the proposal and to resolve any issues that may arise. The time and date that a Proposal is received by Sourcewell is solely determined by the Sourcewell Procurement Portal web clock. In the event of problems with the Sourcewell Procurement Portal, follow the instructions for technical support posted in the portal. It may take up to twenty-four (24) hours to respond to certain issues. Upon successful submission of a proposal, the Portal will automatically generate a confirmation email to the Proposer. If the Proposer does not receive a confirmation email, contact Sourcewell’s support provider at support@bidsandtenders.ca. To ensure receipt of the latest information and updates via email regarding this solicitation, or if the Proposer has obtained this solicitation document from a third party, the onus is on the Proposer to create a Sourcewell Procurement Portal Vendor Account and register for this solicitation opportunity. Within the Procurement Portal, all proposals must be digitally acknowledged by an authorized representative of the Proposer attesting that the information contained in in the proposal is true and accurate. By submitting a proposal, Proposer warrants that the information provided is true, correct, and reliable for purposes of evaluation for potential contract award. The submission of inaccurate, misleading, or false information is grounds for disqualification from a contract award and may subject the Proposer to remedies available by law. E.GENERAL PROPOSAL REQUIREMENTS Proposals must be: In substantial compliance with the requirements of this RFP or it will be considered nonresponsive and be rejected. Complete. A proposal will be rejected if it is conditional or incomplete. Submitted in English. Valid and irrevocable for 90 days following the Proposal Due Date. Any and all costs incurred in responding to this RFP will be borne by the Proposer. F.PROPOSAL WITHDRAWAL Prior to the proposal deadline, a Proposer may withdraw its proposal. Rev. 2/2020 Sourcewell RFP #060920 Class 4-8 Chassis with Related Equipment, Accessories, and Services Page 10 G.OPENING The Opening of Proposals will be conducted electronically through the Sourcewell Procurement Portal. A list of all Proposers will be made publicly available in the Sourcewell Procurement Portal after the Proposal Due Date, but no later than the Opening time listed in the Solicitation Schedule. To view the list of Proposers, verify that the Sourcewell Procurement Portal opportunities list search is set to “All” or “Closed.” The solicitation status will automatically change to “Closed” after the Proposal Due Date and Time. VI.EVALUATION AND AWARD A.EVALUATION It is the intent of Sourcewell to award one or more contracts to responsive and responsible Proposer(s) offering the best overall quality, selection of equipment, products, and services, and price that meet the commonly requested specifications of Sourcewell and its Participating Entities. The award(s) will be limited to the number of Proposers that Sourcewell determines is necessary to meet the needs of Participating Entities. Factors to be considered in determining the number of contracts to be awarded in any category may include the following: The number of and geographic location of: o Proposers necessary to offer a comprehensive selection of equipment, products, or services for Participating Entities’ use. o A Proposer’s sales and service network to assure availability of product supply and coverage to meet Participating Entities’ anticipated needs. Total evaluation scores. The attributes of Proposers, and their equipment, products, or services, to assist Participating Entities achieve environmental and social requirements, preferences, and goals. Information submitted as part of a proposal should be as specific as possible when responding to the RFP. Do not assume Sourcewell’s knowledge about a specific vendor or product. B.AWARD(S) Award(s) will be made to the Proposer(s) whose proposal conforms to all conditions and requirements of the RFP, and consistent with the award criteria defined in this RFP. Sourcewell may request written clarification of a proposal at any time during the evaluation process. Proposal evaluation will be based on the following scoring criteria and the Sourcewell Evaluator Scoring Guide (available in the Sourcewell Procurement Portal): Rev. 2/2020 Sourcewell RFP #060920 Class 4-8 Chassis with Related Equipment, Accessories, and Services Page 11 Conformance to RFP Requirements 50 Financial Viability and Marketplace Success 75 Ability to Sell and Deliver Service 100 Marketing Plan 50 Value Added Attributes 75 Warranty 50 Depth and Breadth of Offered Equipment, Products, or Services 200 Pricing 400 TOTAL POINTS 1000 C.PROTESTS OF AWARDS Any protest made under this RFP by a Proposer must be in writing, addressed to Sourcewell’s Executive Director, and delivered to the Sourcewell office located at 202 12th Street NE, P.O. Box 219, Staples, MN 56479. The protest must be received no later than 10 calendar days’ following Sourcewell’s notice of contract award(s) or non-award and must be time stamped by Sourcewell no later than 4:30 p.m., Central Time. A protest must include the following items: The name, address, and telephone number of the protester; The original signature of the protester or its representative; Identification of the solicitation by RFP number; A precise statement of the relevant facts; Identification of the issues to be resolved; Identification of the legal or factual basis; Any additional supporting documentation; and Protest bond in the amount of $20,000, except where prohibited by law or treaty. Protests that do not address these elements will not be reviewed. D.RIGHTS RESERVED This RFP does not commit Sourcewell to award any contract and a proposal may be rejected if it is nonresponsive, conditional, incomplete, conflicting, or misleading. Proposals that contain false statements or do not support an attribute or condition stated by the Proposer may be rejected. Sourcewell reserves the right to: Modify or cancel this RFP at any time; Reject any and all proposals received; Reject proposals that do not comply with the provisions of this RFP; Select, for contracts or for discussion, a proposal other than that with the lowest cost; Rev. 2/2020 Sourcewell RFP #060920 Class 4-8 Chassis with Related Equipment, Accessories, and Services Page 12 Independently verify any information provided in a Proposal; Disqualify any Proposer that does not meet the requirements of this RFP, is debarred or suspended by the United States or Canada, State of Minnesota, Participating Entity’s state or province; has an officer, or other key personnel, who have been charged with a serious crime; or is bankrupt, insolvent, or where bankruptcy or insolvency are a reasonable prospect; Waive or modify any informalities, irregularities, or inconsistencies in the proposals received; Clarify any part of a proposal and discuss any aspect of the proposal with any Proposer; and negotiate with more than one Proposer; Award a contract if only one responsive proposal is received if it is in the best interest of Participating Entities; and Award a contract to one or more Proposers if it is in the best interest of Participating Entities. E.DISPOSITION OF PROPOSALS All materials submitted in response to this RFP will become property of Sourcewell and will become public record in accordance with Minnesota Statutes Section 13.591, after negotiations are complete. Sourcewell considers that negotiations are complete upon execution of a resulting contract. It is the Proposer’s responsibility to clearly identify any data submitted that it considers to be protected. Proposer must also include a justification for the classification citing the applicable Minnesota law. Sourcewell will not consider the prices submitted by the Proposer to be confidential, proprietary, or trade secret materials. Financial information, including financial statements, provided by a Proposer is not considered trade secret under the statutory definition. The Proposer understands that Sourcewell will reject proposals that are marked confidential or nonpublic, either substantially or in their entirety. 4/17/2020 Addendum No. 1 Solicitation Number: RFP 060920 Solicitation Name: Class 4-8 Chassis with Related Equipment, Accessories, and Services Consider the following Questions and Answers to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged. Question 1: Do you have a list of specifications for both the vehicles and equipment needed? Answer 1: Sourcewell utilizes a competitive, solutions-based solicitation approach that is not based on detailed specifications or finite quantities for our cooperative contract awards. A respondent is allowed to propose the entire line of products and services falling within the scope of the RFP. Section II. B. of the RFP addresses the requested equipment, products, or services for this solicitation. Question 2: How are delivery charges handled at the time of order? Is there a list of potential destinations? Answer 2: It is left to the discretion of each proposer to propose a method for delivery charges that fits with their business practices. Proposals are evaluated based on the criteria stated in the RFP. Sourcewell participating entities include thousands of governmental, higher education, K-12 education, not-for-profit, tribal government, and other public agencies located in the United States and Canada. Question 3: How do I join the Pre-proposal conference on May 19, 2020? Answer 3: Refer to Section V. A. of the RFP for additional detail on the pre-proposal conference. All entities that have registered for this solicitation opportunity in the Sourcewell Procurement Portal will receive log-in instructions via email two business days prior to the webcast. End of Addendum Acknowledgement of this Addendum to RFP 060920 posted to the Sourcewell Procurement Portal on 4/16/2020, is required at the time of proposal submittal. 4/22/2020 Addendum No. 2 Solicitation Number: RFP 060920 Solicitation Name: Class 4-8 Chassis with Related Equipment, Accessories, and Services Consider the following Questions and Answers to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged. Question 1: Will this bid be awarded by Class and Fuel type within that class? For example, separate awardees for Class 4 Gasoline, Class 4 Electric, Class 4 CNG, Class 4 Propane, Class 4 Diesel? Answer 1: Sourcewell is seeking “… the broadest possible selection of products/equipment and services being proposed over the largest possible geographic area and to the largest possible cross-section of Sourcewell current and future Participating Entities ” (see, RFP Section II. B.). A Proposer should submit their complete line of equipment, products, or services that are applicable to the scope. Depending on the responses received, Sourcewell may need to organize responses into subcategories, and awards may be based on a subcategory (see, RFP Section II. G. 1 & 3). However, Sourcewell typically does not find it necessary to award by subcategory. Question 2: Will it now be mandatory for a Saskatchewan Rural Municipality to use this system to purchase class 4 - 8 trucks? Answer 2: Refer to RFP Section I. B., …“Use of Sourcewell contracts is voluntary and Participating Entities retain the right to obtain similar equipment, products, or services from other sources.” Question 3: Are the references that are to be submitted, required to be an existing participating entity of Sourcewell? Answer 3: It is left to the discretion of each proposer to determine how to best demonstrate their ability to serve Sourcewell participating entities and satisfy all the requirements included in the questionnaire tables. Table 4 – References/Testimonials, Line Item 21, seeks information from “three customers who are eligible to be Sourcewell participating entities.” End of Addendum Acknowledgement of this Addendum to RFP 060920 posted to the Sourcewell Procurement Portal on 4/22/2020, is required at the time of proposal submittal. 4/29/2020 Addendum No. 3 Solicitation Number: RFP 060920 Solicitation Name: Class 4-8 Chassis with Related Equipment, Accessories, and Services Consider the following Question and Answer to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged. Question 1: In demonstrating Financial Strength as part of Question 9, will the supporting documents provided, end up in the public domain or is this just for Sourcewell internal use only? Answer 1: RFP Section VI., E., Disposition of Proposals, addresses the handling of materials submitted in response to the RFP under Minnesota Statutes Section 13.591. Financial information, including financial statements, provided by a Proposer is not considered trade secret under the statutory definition. End of Addendum Acknowledgement of this Addendum to RFP 060920 posted to the Sourcewell Procurement Portal on 4/29/2020, is required at the time of proposal submittal. 5/4/2020 Addendum No. 4 Solicitation Number: RFP 060920 Solicitation Name: Class 4-8 Chassis with Related Equipment, Accessories, and Services Consider the following Question and Answer to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged. Question 1: Would we be allowed to just bid the equipment we manufacture as we do not manufacture chassis? Answer 1: Each proposer, in its discretion, will propose the equipment, products, and services that it deems to fall within Sourcewell’s requested equipment, products, and services as described in RFP Section II. B (Requested Equipment, Products and Services). A proposal that is not in substantial compliance with the requirements of the RFP will be considered nonresponsive. End of Addendum Acknowledgement of this Addendum to RFP 060920 posted to the Sourcewell Procurement Portal on 5/4/2020, is required at the time of proposal submittal. 5/12/2020 Addendum No. 5 Solicitation Number: RFP 060920 Solicitation Name: Class 4-8 Chassis with Related Equipment, Accessories, and Services Consider the following Question and Answer to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged. Question 1: How will the Administrative Fees for the resulting contracts from this RFP be determined? At what percentage rate or what flat fee can we expect to be charged? Answer 1: Refer to RFP Section III. B. – Administrative Fees, for directions on proposing an administrative fee. It is left to the discretion of each proposer to determine and propose an administrative fee that is consistent with its business and its industry. End of Addendum Acknowledgement of this Addendum to RFP 060920 posted to the Sourcewell Procurement Portal on 5/12/2020, is required at the time of proposal submittal. 5/13/2020 Addendum No. 6 Solicitation Number: RFP 060920 Solicitation Name: Class 4-8 Chassis with Related Equipment, Accessories, and Services Consider the following Questions and Answers to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged. Question 1: Is Sourcewell responsible for the registration of vehicles, or for the determination and collection of State/Provincial or Federal taxes due, on participating entity purchases under the contract (or contracts) awarded as a result of the RFP? Answer 1: No, Sourcewell is not involved in vehicle registration, or tax determination or collection, for participating entity transactions under the awarded contracts. A Proposer is to identify any transaction costs or fees that are not included in equipment pricing as described in RFP Section III. A. – Pricing and in template Contract Section 3. A. – Pricing. To the extent that a participating entity may be exempt from taxes or fees, the participating entity is responsible for providing a tax exemption certificate as described in template Contract Section 3. B. – Sales Tax. Question 2: Is Sourcewell financially responsible for participating entity purchases under the contract (or contracts) awarded as a result of the RFP? Answer 2: Participating entities are solely responsible for payment. See template Contract Section 6.A. – Participating Entity Use and Purchasing. Question 3: Does Sourcewell bear the risk of loss in the event that a vehicle is damaged or stolen, or a transaction is terminated, before title passes to the participating entity? Answer 3: No. Transactions under the contract are between the participating entity and the awarded vendor. Sourcewell has no liability for a participating entity’s transaction or payment, and bears no risk of loss in the events described. End of Addendum Acknowledgement of this Addendum to RFP 060920 posted to the Sourcewell Procurement Portal on 5/13/2020, is required at the time of proposal submittal. 5/18/2020 Addendum No. 7 Solicitation Number: RFP 060920 Solicitation Name: Class 4-8 Chassis with Related Equipment, Accessories, and Services Consider the following Questions and Answers to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged. Question 1: What will be the effective dates (start and ending) for pricing submitted with the bid? Will that time frame be consistent for the 3 remaining annual periods? Answer 1: Refer to Section 3. - Pricing and Section 4. – Product and Pricing Change Requests, in the Sourcewell template Contract (available on the Sourcewell Procurement Portal), for guidance on pricing during the term of awarded contracts. Question 2: To what extent will Sourcewell make public the pricing files (IE: data books) supplied by bidders? Answer 2: Refer to RFP Section VI. E. - Disposition of Proposals for guidance on pricing material submitted in response to the RFP and applicable public data laws. Question 3: Can respondents to the solicitation expect that references provided to Sourcewell will not become public? Answer 3: Refer to RFP Section VI. E. - Disposition of Proposals, for guidance on materials submitted in response to the RFP and applicable public data laws. Question 4: For a Proposer that is a dealer representing multiple OEM brands, some of which will be submitting a response and some of which will not be submitting a response to the Sourcewell RFP, do we leave out our OEM's who are responding from our proposed solution? Answer 4: In the competitive process, Sourcewell will not advise a proposer on the content of the proposal. So, it is left to the discretion of each proposer to determine the equipment, products, and services that the proposer will include. The solicitation is a competitive process and proposals are evaluated on the content submitted. End of Addendum Acknowledgement of this Addendum to RFP 060920 posted to the Sourcewell Procurement Portal on 5/18/2020, is required at the time of proposal submittal. 5/21/2020 Addendum No. 8 Solicitation Number: RFP 060920 Solicitation Name: Class 4-8 Chassis with Related Equipment, Accessories, and Services Consider the following Questions and Answers to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged. Question 1: What is expected in the Marketing Plan requirement? Is the marketing plan to be reviewed by the agency? Answer 1: Refer to RFP Section II. F. – Marketing Plan for guidance on the marketing plan requirements. Each proposer, in its discretion, will determine the content of its marketing plan. The solicitation is a competitive process and proposals will be evaluated on the content submitted. Question 2: Will the Marketing Plan be given to participating entities? Or is this just for Sourcewell? Answer 2: Refer to RFP Section VI. E. – Disposition of Proposals, for guidance on materials submitted in response to the RFP and applicable data laws. Question 3: Will the agency/customer be willing to sign an NDA in order for a vendor to share technical specification details? Answer 3: Refer to RFP Section VI. E. – Disposition of Proposals, for guidance on materials submitted in response to the RFP and applicable data laws. Question 4: Will the agency accept redlines on the contract during the procurement process? Answer 4: Refer to RFP Section IV. - Contract for guidance on the process for requesting a modification to the template contract terms, conditions, or specifications. Question 5: Is the administrative fee set or is this fee negotiable prior to the award or when awarded? Answer 5: Refer to Addendum 5, Answer 1, posted to the Sourcewell Procurement Portal on May 12, 2020. Question 6: What marketing support does Sourcewell provide to an awarded vendor after a contract is issued? Answer 6: Refer to the “Sourcewell Vendor Resources” link provided on the Sourcewell Procurement Portal “Bids Homepage.” Question 7: Are all cutaway passenger buses considered a transit bus, regardless of size, for this solicitation? Answer 7: Each proposer, in its discretion, will propose the equipment, products, and services that it deems to fall within Sourcewell’s requested equipment, products, and services as described in RFP Section II. B. (Requested Equipment, Products and Services). A proposal that is not in substantial compliance with the requirements of the RFP will be considered nonresponsive. Question 8: Will purchase orders originate from Sourcewell or the participating entity? Answer 8: Refer to RFP Section I. B. – Use of Resulting Contracts, for additional guidance on the order process. Question 9: Do we need to register with the Secretary of State for a certificate to transact business in the State of MN? Answer 9: Each proposer, in its discretion, will determine the documentation necessary to best demonstrate its ability to serve Sourcewell participating entities and fulfill the requirements set forth in the RFP. A Certificate of the Minnesota Secretary of State is not a mandatory submittal requirement for this solicitation. End of Addendum Acknowledgement of this Addendum to RFP 060920 posted to the Sourcewell Procurement Portal on 5/21/2020, is required at the time of proposal submittal. 5/26/2020 Addendum No. 9 Solicitation Number: RFP 060920 Solicitation Name: Class 4-8 Chassis with Related Equipment, Accessories, and Services Consider the following Question and Answer to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged. Question 1: Federal and State incentives typically apply when quoting electric-powered truck chassis. Should we quote prices before incentives with a note that we will apply any applicable incentives? If not, how do you suggest we handle this issue? Answer 1: In the competitive process, Sourcewell will not advise a proposer on the content of the proposal. So, each proposer, in its discretion, will determine and propose the pricing approach that aligns with their business methods and satisfies all the requirements of RFP Article III - Pricing. Proposals are evaluated based on the criteria stated in the RFP. End of Addendum Acknowledgement of this Addendum to RFP 060920 posted to the Sourcewell Procurement Portal on 5/26/2020, is required at the time of proposal submittal. 5/27/2020 Addendum No. 10 Solicitation Number: RFP 060920 Solicitation Name: Class 4-8 Chassis with Related Equipment, Accessories, and Services Consider the following Question and Answer to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged. Question 1: Can Sourcewell Participating Entities include US or Canadian Federal entities? Answer 1: Refer to RFP Section I. B. Use of Resulting Contracts for information on Sourcewell Participating Entities. End of Addendum Acknowledgement of this Addendum to RFP 060920 posted to the Sourcewell Procurement Portal on 5/27/2020, is required at the time of proposal submittal. 6/3/2020 Addendum No. 11 Solicitation Number: RFP 060920 Solicitation Name: Class 4-8 Chassis with Related Equipment, Accessories, and Services Consider the following Questions and Answers to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged. Question 1: Can we attach videos & power points, if so, how do we accomplish this? What size videos or product literature is permitted on each attachment? Answer 1: All relevant information should be included in the proposal (RFP Section II., G.). It is left to the discretion of each proposer to determine the method it deems best suited to submit its relevant information in a timely fashion through the Sourcewell Procurement Portal. The maximum upload size is 500 MB per upload, however, items may be combined in a zipped file format should they exceed the 500MB limit. Question 2: Is there a way to download our Table responses to a hard copy for proof reading? Answer 2: After selecting “Start Submission,” a proposer may navigate to Step 4 – “Preview Bid” and select “Preview My Bid in PDF,” if a downloadable PDF of the questionnaire tables is desired. Question 3: Table 8 Value Added Attributes - 40. Please define what a hub partner constitutes? Answer 3: A hub partner is identified as a historically underutilized business partner. Examples of historically underutilized businesses are listed in Table 8, Question 40. End of Addendum Acknowledgement of this Addendum to RFP 060920 posted to the Sourcewell Procurement Portal on 6/3/2020, is required at the time of proposal submittal. City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-370 Agenda Date:3/9/2023 Agenda #: 1.-E. REPORT TO THE CITY COUNCIL FROM:BRIAN BARR, Director General Services Department BY:CLIFF TRAUGH, Administrative Manager General Services Department SUBJECT Approve the award of a purchase contract to PB Loader of Fresno, California, for the purchase of five concrete finisher trucks in the amount of $793,412 for the Department of Public Works, Street Maintenance Division RECOMMENDATION Staff recommends Council approve the award of a purchase contract to PB Loader of Fresno, California, for the purchase of five concrete finisher trucks in the amount of $793,412. EXECUTIVE SUMMARY The Department of Public Works (DPW), Street Maintenance Division seek to purchase five concrete finisher trucks to transport equipment and personnel to jobsites for the construction of curbs, gutters, and sidewalks. The trucks will be purchased as replacements through a competitively solicited cooperative procurement process administered by Sourcewell. BACKGROUND DPW, Street Maintenance Division provides service to the residents of Fresno through the construction and maintenance of roadways. This work is performed with backhoes for demolition, paving equipment to lay asphalt, and concrete finishing trucks to build curbs, gutters, and sidewalks. The current concrete finishing trucks are equipped with a 16-foot bed, designed to transport lumber for concrete forms, as well as, leveling and finishing tools used in the construction process. The new concrete finishing trucks will be built utilizing one new body supplied by PB Loader and four refurbished bodies from trucks pending retirement. The cab and chassis will be the Freightliner M2 106 which is compliant with the latest US 2010 emissions standard. The M2 106 is designed with a sharp turning radius for increased maneuverability. As these trucks will have long wheelbases, this maneuverability increases the operator’s ability to get in and out of tight areas efficiently. Further refinements from the original truck include a lower overall height, more space between the steering wheel and seat, and wider opening doors for ease of egress. These improvements in design create a truck that is more ergonomic, efficient, and safer to operate. The heavy truck class is on a 10 year or 100,000-mile replacement schedule, which has been established by the Municipal Fleet Division as the optimum replacement time. The units identified for replacement are more than 20 years old and have well exceeded their useful lives. The Municipal Fleet Division recommends replacement based on the age City of Fresno Printed on 3/3/2023Page 1 of 2 powered by Legistar™ 3-9-2023 AP/GB 5-0 MA, LC ABSENT APPROVED ON CONSENT File #:ID 23-370 Agenda Date:3/9/2023 Agenda #: 1.-E. and condition of the equipment. The new trucks will be purchased utilizing competitively solicited cooperative procurement process administered by Sourcewell. The average purchase price is $158,682 per unit. This price includes the Sourcewell discount applied to City purchases as well as delivery and sales tax at 8.35%. The Purchasing Division has approved this contract and recommends Council to approve. The City Attorney has reviewed and approved to form. ENVIRONMENTAL FINDING 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 is not applicable. The City is not issuing a request for quote for this cooperative purchase agreement. FISCAL IMPACT No general funds will be used to purchase these items. The funding to cover the purchase cost of one concrete finisher truck has been included in the FY2023 adopted budget under the operations of the Street Maintenance Division. The four remaining concrete finisher trucks were approved in FY2021 and FY2022 adopted budgets but did not get purchased within their respective years, due to supply chain issues. If approved, the FY2021 and FY2022 funds will be re- appropriated to FY2023, allowing the acquisition of all five units. The source of funding for this project is SB1 and PROP 111 Gas Tax. Attachments: Board Resolutions Comment and Review Evaluation PB Loader Contract Proof of Publication Prop. Opening Record RFP City of Fresno Printed on 3/3/2023Page 2 of 2 powered by Legistar™ SOURCEWELL STATE OF MINNESOTA Member Chris Kircher moved the adoption of the following Resolution: RESOLUTION TO APPROVE SOLICITATION AND/OR RE-SOLICITATION OF CATEGORIES Resolution No. 2021-07 WHEREAS, Sourcewell desires to issue a solicitation, and is seeking permission from the Board to issue a solicitation, for the categories listed on Appendix A, which is attached and incorporated. WHEREAS, through the Sourcewell Procurement Policy, the Board designated the Chief Procurement Officer to administer Sourcewell’s cooperative purchasing and contracting program; and WHEREAS, the Chief Procurement Officer recommends approval of categories detailed above. NOW THEREFORE BE IT RESOLVED that the Board of Directors hereby approves the solicitation of categories. The motion for the adoption of the foregoing resolution was duly seconded by Member Sharon Thiel and the following voted in favor: (list names here) Mike Wilson, Greg Zylka, Sara Nagel, Ryan Thomas, Sharon Thiel, Linda Arts and Chris Kircher. and the following voted against: (list names here or “NONE”) NONE whereupon said resolution was declared duly passed and adopted. ATTEST: _________________________________ Clerk to the Board of Directors DocuSign Envelope ID: 7032E538-404E-4054-B083-930FC20FCA98 APPENDIX A SOURCEWELL PROCUREMENT DEPARTMENT BOARD ITEMS ‐ March 2021 NEW CONTRACTS Supplier Name Contract Number Solicitation Title BCI Burke Company, LLC 010521‐BUR "Playground and Water Play Equipment with Related Accessories and  Services" Landscape Structures, Inc.010521‐LSI "Playground and Water Play Equipment with Related Accessories and  Services" PlayPower, Inc.010521‐LTS "Playground and Water Play Equipment with Related Accessories and  Services" Rain Drop Products, LLC 010521‐RDP "Playground and Water Play Equipment with Related Accessories and  Services" SofSurfaces, Inc.010521‐SFS "Playground and Water Play Equipment with Related Accessories and  Services" Waterplay Solutions Corp.010521‐WTR "Playground and Water Play Equipment with Related Accessories and  Services" Atlantic Diving Supply, Inc. (ADS)011221‐ADS "Body Armor with Related Accesssories, Equipment and Services" Galls, LLC 011221‐GAL "Body Armor with Related Accesssories, Equipment and Services" HighCom Armor Solutions, Inc.011221‐HCM "Body Armor with Related Accesssories, Equipment and Services" NP Aerospace (Canada), Limited 011221‐NPA "Body Armor with Related Accesssories, Equipment and Services" U.S. Armor Corporation 011221‐URM "Body Armor with Related Accesssories, Equipment and Services" PorterCorp 012621‐PPC "Open Air Structures and Accessory or Utility Buildings with Related  Equipment" CONTRACT EXTENSIONS Supplier Name Contract Number Solicitation Title Caterpillar, Inc.   120617‐CAT "Electrical Energy Power Generation with Related Parts, Supplies and  Services" Cummins, Inc.  120617‐CMM        "Electrical Energy Power Generation with Related Parts, Supplies and  Services" NEW ezIQC CONTRACTS Company Name Contract Number State ‐ Region ‐ Type of Work ezIQC RENEWALS Company Name Contract Number ezIQC CONTRACT EXTENSIONS Company Name Contract NumberCONSENT AGENDA ITEMSRoad Right‐of‐Way Maintenance Equipment with Related Accessories, Attachments, Materials, and Supplies Roadway Maintenance Equipment with Related Accessories, Attachments, Materials, and Supplies Parking Management, Systems and Infrastructure, with Related Equipment and Services Requesting Board permission to Re‐Solicit the following categories: Requesting Board permission to Solicit the following categories: Pest Management Services with Related Products (Published March 10, 2021) DocuSign Envelope ID: 7032E538-404E-4054-B083-930FC20FCA98 SOURCEWELL STATE OF MINNESOTA Member ____________ moved the adoption of the following Resolution: RESOLUTION TO RATIFY COOPERATIVE CONTRACTING AWARDS Resolution No. 2021-25 WHEREAS, the Sourcewell Board of Directors previously authorized the solicitations for the cooperative categories listed on Appendix A, which is attached and incorporated; and WHEREAS, Sourcewell issued the cooperative contracting solicitations for the authorized categories; and WHEREAS, through the Sourcewell Procurement Policy, the Board designated the Chief Procurement Officer to administer Sourcewell’s cooperative purchasing and contracting program and to award all competitively solicited contracts, without limitation; and WHEREAS, the Chief Procurement Officer made the awards listed based on the results of the competitive solicitation process; and WHEREAS, the Board acknowledges that the awards made by the Chief Procurement Officer are valid and binding; however, based upon some members’ legal requirements the Chief Procurement Official is required to seek subsequent Board ratification of all cooperative purchasing awards. NOW THEREFORE BE IT RESOLVED by the Board of Directors ratifies the cooperative contracting awards made by the Chief Procurement Officer listed on Appendix A. The motion for the adoption of the foregoing resolution was duly seconded by Member______________ and the following voted in favor: (list names here) and the following voted against: (list names here or “NONE”) whereupon said resolution was declared duly passed and adopted. ATTEST: _________________________________ Clerk to the Board of Directors                      APPENDIXA SOURCEWELLPROCUREMENTDEPARTMENT BOARDITEMSͲOctober2021 NEWCONTRACTS SupplierName ContractNumber SolicitationTitle GtechnaUSACorp.080321ͲGTE "ParkingManagementSystemswithRelatedEquipment, SuppliesandServices" Parkeon,Inc.dbaFlowbird 080321ͲPRK "ParkingManagementSystemswithRelatedEquipment, SuppliesandServices" QuicketSolutions,Inc.080321ͲQKT "ParkingManagementSystemswithRelatedEquipment, SuppliesandServices" T2Systems,Inc.080321ͲTSI "ParkingManagementSystemswithRelatedEquipment, SuppliesandServices" ASHNorthAmerica/AebiSchmidt/MͲBCompanies 080521ͲAEB "RoadwayMaintenanceEquipment" Cimline,Inc.080521ͲCME "RoadwayMaintenanceEquipment" Crafco,Inc.080521ͲCFC "RoadwayMaintenanceEquipment" KeizerMorrisInternationaldbaKMInternational 080521ͲKMI "RoadwayMaintenanceEquipment" PBLoaderCorporation 080521ͲPBL "RoadwayMaintenanceEquipment" VogelTrafficServicesdbaEZLiner 080521ͲEZL "RoadwayMaintenanceEquipment" CONTRACTEXTENSIONS SupplierName ContractNumber SolicitationTitle Bergkamp,Inc.052417ͲBGK "RoadwayMaintenanceEquipmentwithRelated Accessories,Attachments,MaterialsandSupplies" CemenTech,Inc.052417ͲCMT "RoadwayMaintenanceEquipmentwithRelated Accessories,Attachments,MaterialsandSupplies" EZLinerIndustries 052417ͲEZL "RoadwayMaintenanceEquipmentwithRelated Accessories,Attachments,MaterialsandSupplies" PBLoaderCorporation 052417ͲPBL "RoadwayMaintenanceEquipmentwithRelated Accessories,Attachments,MaterialsandSupplies" VTLeeBoy,Inc.052417ͲVTL "RoadwayMaintenanceEquipmentwithRelated Accessories,Attachments,MaterialsandSupplies" Waterblasting,LLC 052417ͲWTB "RoadwayMaintenanceEquipmentwithRelated Accessories,Attachments,MaterialsandSupplies" Weiler,Inc.052417ͲWLR "RoadwayMaintenanceEquipmentwithRelated Accessories,Attachments,MaterialsandSupplies" NewDealDeicing 062817ͲNDD "AirportConsumableProductswithRelatedSuppliesand Services" NEWezIQCCONTRACTS CompanyName ContractNumber StateͲRegionͲTypeofWork ezIQCRENEWALS CompanyName ContractNumber MTSContracting,Inc.MOͲGSAͲGC02Ͳ091118ͲMTS J.E.NovackConstructionCompany MOͲGSLAͲGC02Ͳ091118ͲJNC WrightConstructionServices,Inc.MOͲGSLAͲGC03Ͳ091118ͲWCS ezIQCCONTRACTEXTENSIONS CompanyName ContractNumberCONSENTAGENDAITEMSDigitalHealthProductsandSolutions LabServicesandTestingwithRelatedProductsandSupplies PublicSafetyTrainingandSimulationEquipment RequestingBoardpermissiontoReͲSolicitthefollowingcategories: RequestingBoardpermissiontoSolicitthefollowingcategories: StateofCaliforniaͲIndefiniteDeliveryIndefiniteQuantityConstruction MailingandPostageEquipmentandTechnology        COMMENT AND REVIEW to the REQUEST FOR PROPOSAL (RFP) #080521 Entitled Roadway Maintenance Equipment The following advertisement was placed June 17, 2021 in USA Today, in South Carolina’s The State, in The Oklahoman and on the Sourcewell website www.sourcewell-mn.gov, Sourcewell Procurement Portal https://proportal.sourcewell-mn.gov, Biddingo, Merx, The New York State Contract Reporter www.nyscr.ny.gov, PublicPurchase.com, and June 18, 2021 in Oregon’s Daily Journal of Commerce: Sourcewell, a State of Minnesota local government unit and service cooperative, is requesting proposals for Roadway Maintenance Equipment to result in a contracting solution for use by its Participating Entities. Sourcewell Participating Entities include thousands of governmental, higher education, K-12 education, nonprofit, tribal government, and other public agencies located in the United States and Canada. A full copy of the Request for Proposals can be found on the Sourcewell Procurement Portal [https://proportal.sourcewell-mn.gov]. Only proposals submitted through the Sourcewell Procurement Portal will be considered. Proposals are due no later than August 5, 2021, at 4:30 p.m. Central Time, and late proposals will not be considered. The solicitation process was conducted through the Sourcewell Procurement Portal. The following parties expressed interest in the solicitation by registering for this opportunity within the portal: Aebi Schmidt North America Marathon Equipment, Inc. American Highway Solutions Merit Manufacturing, Inc. Anderson Hydra Platforms, Inc. Niece Equipment, LP Asphalt Zipper, Inc. Pavement Technologies International Corp. Astec Industries PB Loader Corporation B-TEK SCALES, LLC Prime Vendor, Inc. Bergkamp, Incorporated Ray-Tech Infrared Betts Platinum Group, LLC Regina Construction Association BOMAG America, LLC Road Groom Mfg., LLC Bonnell Industries, Inc. Road Widener, LLC Broce Manufacturing Company, Inc. RoadHog, Inc. Bucher Municipal SB Manufacturing, Inc. Calder Brothers Corporation Skip-Line, LLC Cemen Tech, Inc. Snowek Oy           Sourcewell Page 2 of 5 Chambers American Products, Inc. Spaulding Mfg., Inc. Cimline, Inc. Stepp Manufacturing Company, Inc. Crafco, Inc. Stonebrooke Equipment, Inc. Cyclone Technology, LLC Striping Service and Supply, Inc. Diamond Steel, Co. SWS Warning Lights, Inc. Dynapac North America, LLC The Blue Book Network Edge Equipment, Ltd. The Tools Man, Inc. Environmental Equipment Supply ThorWorks Industries, Inc. Equipment Works, Inc. LLC Toromont Cat, A Division of Toromont Industries, Ltd. Etnyre International United Rotary Brush Corporation Falcon Equipment Holdings, LLC Vogel Traffic Services, Inc. Goldstar Asphalt Products Wanco, Inc. Heat Design Equipment, Inc. Warren Power Attachments Intermountain Sign and Safety Waterblasting, LLC. Keizer Morris International, Inc. Weiler, Inc. Land Pride, A Division of Great Plains Mfg., Inc. Wirtgen America, Inc. All Proposals remained sealed within the Sourcewell Procurement Portal until the scheduled due date and time. Proposals were electronically opened, and the list of all Proposers was made publicly available on the Sourcewell Procurement Portal, on August 5, 2021, at 4:32:43 pm CT. Proposals were received from the following: ASH North America, Inc., dba Aebi Schmidt North America and dba M-B Companies, Inc. Asphalt Zipper, Inc. Astec Industries Bergkamp, Incorporated BOMAG America, LLC Bonnell Industries, Inc. Broce Manufacturing Company, Inc. Cimline, Inc. Crafco, Inc. Dynapac North America, LLC (Fayat North America, LLC) Etnyre International Falcon Equipment Holdings, LLC Goldstar Asphalt Products (NPG, Inc.) Heat Design Equipment, Inc. Keizer Morris International, Inc. Land Pride, A Division of Great Plains Mfg., Inc. Marathon Equipment, Inc. Pavement Technologies International Corp. (Pavementgroup) PB Loader Corporation Road Groom Mfg., LLC RoadHog, Inc. SB Manufacturing, Inc. (Superior Broom) Skip-Line, LLC           Sourcewell Page 3 of 5 Spaulding Mfg., Inc. Stepp Manufacturing Company, Inc. Striping Service and Supply, Inc. ThorWorks Industries, Inc. dba SealMaster, Inc. Vogel Traffic Services, Inc. dba EZ Liner Warren Power Attachments (Total Patcher) Waterblasting, LLC (Hog Technologies) Proposals were reviewed by the Proposal Evaluation Committee: Greg Grunig, Procurement Lead Analyst Michael Muñoz, CPPB, Procurement Analyst Carol Jackson, Procurement Analyst Stephanie Haataja, CPIM, Procurement Analyst The findings of the Proposal Evaluation Committee are summarized as follows: The Proposal Evaluation Committee applied the Sourcewell RFP evaluation criteria and determined that all proposal responses met the scope and mandatory submittal requirements and were evaluated. ASH North America, Inc., dba Aebi Schmidt North America and M-B Companies, Inc., manufactures a variety of asphalt broom attachments and pavement marking equipment. Their “flush on the fly system” increases operator safety and productivity. The Aebi Schmidt North America and M-B Companies organization operates with a sizeable sales staff, over 100 dealers, and a dedicated field service team to serve Sourcewell participating entities across the United States and Canada. They are offering Sourcewell participating entities competitive discounts from list pricing. Cimline, Inc., offers a large selection of crack sealers, mastic patchers and spray patchers. They also provide equipment operation and service training, either directly or from a servicing dealer, free of charge within the continental U.S. and Canada. The expansive Cimline dealer network is supported by an internal sales staff and customer care team to meet the sales and service needs of Sourcewell participating entities. They offer solid pricing discounts with additional savings available on quantity purchases. Crafco, Inc., is the manufacturer of crack sealants, mastic and patching products and an authorized distributor of related products and equipment. Crafco sales and service are delivered by a mix of distributors, their own supply centers and manufacturing plants locations geographically dispersed across the U.S. and Canada. They offer a range of sizeable discounts from list pricing to Sourcewell participating entities. Keizer Morris International, Inc., provides numerous infrared asphalt recyclers, asphalt milling recyclers, mastic machines and hotbox patchers. Keizer Morris is ready to serve Sourcewell participating entities throughout the United States and Canada utilizing their distributor and dealer network along with internal sales and service forces. They are offering a range of competitive discounts from MSRP rates. PB Loader Corporation offers a selection of pothole patching and truck mounted emulsion spray systems, along with complementary equipment. They offer free operator and maintenance training to end users. PB Loader has a direct sales staff and a dealer network with 44 locations across the United States and Canada to serve Sourcewell participating entities. Their pricing reflects solid discounts off MSRP with quantity purchase discounts available.           Sourcewell Page 4 of 5 Vogel Traffic Services, Inc., dba EZ Liner, offers a large selection of pavement marking equipment. EZ Liner is a registered small-business enterprise and also a frequent partner with other SBEs. EZ Liner will serve participating entities directly through their team of territory sales managers. Their pricing represents a range of considerable discounts by product category for Sourcewell participating entities. For these reasons, the Sourcewell Proposal Evaluation Committee recommends award of Sourcewell Contract #080521 to: ASH North America, Inc., (Aebi Schmidt North America & M-B Companies, Inc.) #080521-AEB Cimline, Inc. #080521-CME Crafco Inc. #080521-CFC Keizer Morris International, Inc. #080521-KMI PB Loader Corporation #080521-PBL Vogel Traffic Services, Inc. #080521-EZL The preceding recommendations were approved on October 4, 2021 ___________________________________ Greg Grunig, Procurement Lead Analyst _____________________________________ Michael Muñoz, CPPB, Procurement Analyst _____________________________________ Carol Jackson, Procurement Analyst _______________________________________ Stephanie Haataja, CPIM, Procurement Analyst           Sourcewell Page 5 of 5 STATEMENT OF COMPLIANCE As Chief Procurement Officer for Sourcewell, I have reviewed the recommendation of the Evaluation Committee and the accompanying support materials documenting the process followed for RFP #080521 for Roadway Maintenance Equipment. The committee accepted, deemed responsive, evaluated, and recommended proposals for award. Under authority granted to the Chief Procurement Officer in Sourcewell’s bylaws, the recommendations set forth above are approved. I hereby certify: 1. Sourcewell is a government agency, created and authorized by Minnesota law to provide cooperative procurement contracts. 2. The procurement process and resulting contracts have been awarded in compliance with the laws of the State of Minnesota (Minnesota Statutes Chapter 471 and Minnesota Statutes Section 123A.21), and in conformity to Sourcewell’s Procurement Policy. Jeremy Schwartz, CSSBB, CPPO Chief Procurement Officer           AebiSchmidtNorthAmericadbaMͲBCompanies,Inc. AsphaltZipper,Inc. AstecIndustriesBergkamp,Incorporated BOMAGAmerica,LLCBonnellIndustries,Inc.BroceManufacturingCompany,Inc. Cimline,Inc. Crafco,Inc.DynapacNorthAmerica,LLC(FayatNorthAmerica,LLC) EtnyreInternationalFalconEquipmentHoldings,LLCGoldstarAsphaltProducts(NPG,Inc.)HeatDesignEquipment,Inc.KeizerMorrisInternational,Inc.Possible PointsConformancetoRFPRequirements5043 40 41 41 40 39 37 40 41 40 40 43 37 35 41 Pricing400345 318 315 323 322 339 306 341 334 311 316 285 264 270 340 FinancialViabilityandMarketplaceSuccess7565 60 64 64 61 62 58 63 63 66 62 62 55 49 66 AbilitytoSellandDeliverService10083 74 82 75 78 78 76 82 84 83 75 78 63 63 81 MarketingPlan5045 37 38 38 38 43 34 42 41 38 37 42 34 33 41 ValueAddedAttributes7565 60 58 58 49 63 53 59 62 61 61 61 58 52 58 Warranty5042 42 41 41 41 40 39 42 40 41 42 43 37 37 42 DepthandBreadthofOfferedEquipment,Products,orServices200156 151 141 150 145 131 139 161 168 134 153 156 153 153 152 Total Points1,000844782780790774795742830833774786770701692821Rank Order216171118.58224318.5132026276LandPride,ADivisionofGreatPlainsMfg.,Inc.MarathonEquipment,Inc.PavementTechnologiesInternationalCorp.PBLoaderCorporationRoad Groom Mfg, LLC RoadHog, Inc.SB Manufacturing, Inc. (Superior Broom) Skip-Line, LLC Spaulding Mfg, Inc.SteppManufacturingCompany,Inc.StripingServiceandSupply,Inc.ThorWorksIndustries,Inc.dbaSealMaster,Inc.VogelTrafficServices,Inc.dbaEZLinerWarrenPowerAttachments(TotalPatcher)Waterblasting,LLC(HogTechnologies)Possible PointsConformancetoRFPRequirements5041 34 40 46 39 37 40 38 40 40 31 39 42 29 42 Pricing400311 304 239 350 265 334 341 328 271 319 263 311 333 261 310 FinancialViabilityandMarketplaceSuccess7563 51 61 62 55 59 60 57 60 61 49 60 65 45 62 AbilitytoSellandDeliverService10087 66 78 85 65 78 80 69 75 74 59 78 76 56 75 MarketingPlan5042 34 43 44 35 37 38 37 38 41 29 40 43 28 38 ValueAddedAttributes7561 51 63 65 55 58 59 54 62 55 43 55 65 41 55 Warranty5040 38 42 43 41 39 39 39 41 42 32 38 42 37 41 DepthandBreadthofOfferedEquipment,Products,orServices200139 151 163 158 119 151 143 135 146 162 120 166 158 134 161 Total Points1,000784729729853674793800757733794626787824631784Rank Order14.524.524.512810721239301252914.5GregGrunig,ProcurementLeadAnalyst MichaelMuñoz,CPPB,ProcurementAnalyst SteffHaataja,CPIM,ProcurementAnalyst CarolJackson,ProcurementAnalystProposal EvaluationRoad Maintenance Equipment RFP #080521         080521-PBL Rev. 3/2021 1 Solicitation Number: RFP #080521 CONTRACT This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and PB Loader Corporation, 5778 W. Barstow Ave., Fresno, CA 93722 (Supplier). Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to eligible federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada. Sourcewell issued a public solicitation for Roadway Maintenance Equipment from which Supplier was awarded a contract. Supplier desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities). 1.TERM OF CONTRACT A.EFFECTIVE DATE. This Contract is effective upon the date of the final signature below. B.EXPIRATION DATE AND EXTENSION. This Contract expires October 11, 2025, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended one additional year upon the request of Sourcewell and written agreement by Supplier. C.SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All other rights will cease upon expiration or termination of this Contract. 2.EQUIPMENT, PRODUCTS, OR SERVICES A.EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above.          080521-PBL Rev. 3/2021 2 Supplier’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract. All Equipment and Products provided under this Contract must be new and the current model. Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated in Supplier’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site. This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed. B.WARRANTY. Supplier warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship. In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Supplier’s dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that extends beyond the expiration of the Supplier’s warranty will be passed on to the Participating Entity. C.DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout the Contract term, Supplier must provide to Sourcewell a current means to validate or authenticate Supplier’s authorized dealers, distributors, or resellers relative to the Equipment, Products, and Services offered under this Contract, which will be incorporated into this Contract by reference. It is the Supplier’s responsibility to ensure Sourcewell receives the most current information. 3.PRICING All Equipment, Products, or Services under this Contract will be priced at or below the price stated in Supplier’s Proposal. When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location. Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase. A.SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Supplier must permit the Equipment and Products to be          080521-PBL Rev. 3/2021 3 returned within a reasonable time at no cost to Sourcewell or its Participating Entities. Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity. Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition. Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally delivers substandard or inferior Equipment or Products. B.SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid tax- exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity. C.HOT LIST PRICING. At any time during this Contract, Supplier may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract. When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below. Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities. 4.PRODUCT AND PRICING CHANGE REQUESTS Supplier may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator. This approved form is available from the assigned Sourcewell Supplier Development Administrator. At a minimum, the request must: x Identify the applicable Sourcewell contract number; x Clearly specify the requested change; x Provide sufficient detail to justify the requested change;          080521-PBL Rev. 3/2021 4 x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged. A fully executed Sourcewell Price and Product Change Request Form will become an amendment to this Contract and will be incorporated by reference. 5.PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS A.PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities. The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Supplier understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source. Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract. B.PUBLIC FACILITIES. Supplier’s employees may be required to perform work at government- owned facilities, including schools. Supplier’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws. 6.PARTICIPATING ENTITY USE AND PURCHASING A.ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell          080521-PBL Rev. 3/2021 5 contract number. All Participating Entity orders under this Contract must be issued prior to expiration or cancellation of this Contract; however, Supplier performance, Participating Entity payment obligations, and any applicable warranty periods or other Supplier or Participating Entity obligations may extend beyond the term of this Contract. Supplier’s acceptable forms of payment are included in its attached Proposal. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity. B.ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Supplier, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entities may require the use of a Participating Addendum; the terms of which will be negotiated directly between the Participating Entity and the Supplier. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract. C.SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements not addressed in this Contract (such as e- commerce specifications, specialized delivery requirements, or other specifications and requirements), the Participating Entity and the Supplier may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement. D.TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Supplier in the event of any of the following events: 1.The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the equipment, products, or services to be purchased; or 2.Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements. E.GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase. 7.CUSTOMER SERVICE A.PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for:          080521-PBL Rev. 3/2021 6 x Maintenance and management of this Contract; x Timely response to all Sourcewell and Participating Entity inquiries; and x Business reviews to Sourcewell and Participating Entities, if applicable. B.BUSINESS REVIEWS. Supplier must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, sales data reports, supply issues, customer issues, and any other necessary information. 8.REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A.CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a contract sales activity report (Report) to the Sourcewell Supplier Development Administrator assigned to this Contract. Reports are due no later than 45 days after the end of each calendar quarter. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were made). The Report must contain the following fields: x Participating Entity Name (e.g., City of Staples Highway Department); x Participating Entity Physical Street Address; x Participating Entity City; x Participating Entity State/Province; x Participating Entity Zip/Postal Code; x Participating Entity Contact Name; x Participating Entity Contact Email Address; x Participating Entity Contact Telephone Number; x Sourcewell Assigned Entity/Participating Entity Number; x Item Purchased Description; x Item Purchased Price; x Sourcewell Administrative Fee Applied; and x Date Purchase was invoiced/sale was recognized as revenue by Supplier. B.ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Supplier may not charge Participating Entities more than the contracted price to offset the Administrative Fee. The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased          080521-PBL Rev. 3/2021 7 by Participating Entities under this Contract during each calendar quarter. Payments should note the Supplier’s name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above “Attn: Accounts Receivable” or remitted electronically to Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter. Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract. In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date. 9.AUTHORIZED REPRESENTATIVE Sourcewell's Authorized Representative is its Chief Procurement Officer. Supplier’s Authorized Representative is the person named in the Supplier’s Proposal. If Supplier’s Authorized Representative changes at any time during this Contract, Supplier must promptly notify Sourcewell in writing. 10.AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A.AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract. B.ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such consent will not be unreasonably withheld. Any prohibited assignment will be invalid. C.AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been duly executed by the parties. D.WAIVER. Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. Any such waiver must be in writing and signed by the parties.          080521-PBL Rev. 3/2021 8 E. CONTRACT COMPLETE. This Contract represents the complete agreement between the parties. No other understanding regarding this Contract, whether written or oral, may be used to bind either party.For any conflict between the attached Proposal and the terms set out in Articles 1-22 of this Contract, the terms of Articles 1-22 will govern. F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent. 11. INDEMNITY AND HOLD HARMLESS Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees incurred by Sourcewell or its Participating Entities, arising out of any act or omission in the performance of this Contract by the Supplier or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. Sourcewell’s responsibility will be governed by the State of Minnesota’s Tort Liability Act (Minnesota Statutes Chapter 466) and other applicable law. 12. GOVERNMENT DATA PRACTICES Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Supplier under this Contract. 13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A. INTELLECTUAL PROPERTY 1. Grant of License. During the term of this Contract: a. Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive right and license to use thetrademark(s) provided to Supplier by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Supplier. b. Supplier grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Supplier’s trademarks in advertising and promotional materials for the purpose of marketing Supplier’s relationship with Sourcewell. 2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to their respective subsidiaries, distributors, dealers,          080521-PBL Rev. 3/2021 9 resellers, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees. 3.Use; Quality Control. a.Neither party may alter the other party’s trademarks from the form provided and must comply with removal requests as to specific uses of its trademarks or logos. b.Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s trademarks only in good faith and in a dignified manner consistent with such party’s use of the trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated. 4. As applicable, Supplier agrees to indemnify and hold harmless Sourcewell and its Participating Entities against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Participating Entities by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Supplier in violation of applicable patent or copyright laws. 5. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of suppliers which may be used until the next printing). Supplier must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions. B.PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Supplier individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract. C.MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract. D.ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment, Products, or Services.          080521-PBL Rev. 3/2021 10 14.GOVERNING LAW, JURISDICTION, AND VENUE The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota. 15.FORCE MAJEURE Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default. 16.SEVERABILITY If any provision of this Contract is found by a court of competent jurisdiction to be illegal, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. If the remainder of this Contract is capable of being performed, it will not be affected by such determination or finding and must be fully performed. 17.PERFORMANCE, DEFAULT, AND REMEDIES A.PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows: 1.Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Supplier will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties. 2.Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher level of management. The Supplier will have 30 calendar days to cure an outstanding issue. 3.Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Supplier must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Supplier fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, the Supplier will bear any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed. B.DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default: 1.Nonperformance of contractual requirements, or 2.A material breach of any term or condition of this Contract.          080521-PBL Rev. 3/2021 11 The party claiming default must provide written notice of the default, with 30 calendar days to cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may: x Exercise any remedy provided by law or equity, or x Terminate the Contract or any portion thereof, including any orders issued against the Contract. 18.INSURANCE A.REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following: 1.Workers’ Compensation and Employer’s Liability. Workers’ Compensation: As required by any applicable law or regulation. Employer's Liability Insurance: must be provided in amounts not less than listed below: Minimum limits: $500,000 each accident for bodily injury by accident $500,000 policy limit for bodily injury by disease $500,000 each employee for bodily injury by disease 2.Commercial General Liability Insurance. Supplier will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract. Minimum Limits: $1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury $2,000,000 aggregate for Products-Completed operations $2,000,000 general aggregate 3.Commercial Automobile Liability Insurance. During the term of this Contract, Supplier will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms          080521-PBL Rev. 3/2021 12 no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent. Minimum Limits: $1,000,000 each accident, combined single limit 4.Umbrella Insurance. During the term of this Contract, Supplier will maintain umbrella coverage over Employer’s Liability, Commercial General Liability, and Commercial Automobile. Minimum Limits: $2,000,000 5.Network Security and Privacy Liability Insurance. During the term of this Contract, Supplier will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Supplier’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service. Minimum limits: $2,000,000 per occurrence $2,000,000 annual aggregate Failure of Supplier to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default. B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf. Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in this Contract. C.ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Supplier’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Supplier, and products and completed operations of Supplier. The policy provision(s) or endorsement(s) must further provide that coverage is          080521-PBL Rev. 3/2021 13 primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds. D.WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Supplier or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors. E.UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention. 19.COMPLIANCE A.LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold. B.LICENSES. Supplier must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Supplier conducts with Sourcewell and Participating Entities. 20.BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in writing. Supplier certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Supplier certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Supplier further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time.          080521-PBL Rev. 3/2021 14 21.PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER UNITED STATES FEDERAL AWARDS OR OTHER AWARDS Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional requirements based on specific funding source terms or conditions. Within this Article, all references to “federal” should be interpreted to mean the United States federal government. The following list only applies when a Participating Entity accesses Supplier’s Equipment, Products, or Services with United States federal funds. A.EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60- 1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference. B.DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Supplier must be in compliance with all applicable Davis-Bacon Act provisions.          080521-PBL Rev. 3/2021 15 C.CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5). Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above. D.RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above. E.CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Supplier certifies that during the term of this Contract will comply with applicable requirements as referenced above. F.DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names          080521-PBL Rev. 3/2021 16 of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Supplier certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency. G.BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file any required certifications. Suppliers must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Suppliers must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Suppliers must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352). H.RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed. I.ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. J.BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Supplier must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition. K.ACCESS TO RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Supplier that are directly pertinent to Supplier’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Supplier’s personnel for the purpose of interview and discussion relating to such documents. L.PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation          080521-PBL Rev. 3/2021 17 and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. M.FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier not use the seal(s), logos, crests, or reproductions of flags or likenesses of Federal agency officials without specific pre-approval. N.NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to this Contract or any purchase by an Participating Entity and is not subject to any obligations or liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter resulting from the Contract or any purchase by an authorized user. O.PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and Statements) applies to the Supplier’s actions pertaining to this Contract or any purchase by a Participating Entity. P.FEDERAL DEBT. The Supplier certifies that it is non-delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowance, and benefit overpayments. Q.CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services, Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to the anticipated work under this Contract raises an actual or potential conflict of interest (as described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and Participating Entity are able to assess the actual or potential conflict; and provide any additional information as necessary or requested. R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S. Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources and support to individuals and organizations associated with terrorism. S.PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Contract it will comply with applicable requirements of 2 C.F.R. § 200.216.          080521-PBL Rev. 3/2021 18 T.DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies that during the term of this Contract will comply with applicable requirements of 2 C.F.R. § 200.322. 22.CANCELLATION Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Supplier’s Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation. Sourcewell PB Loader Corporation By: __________________________ By: __________________________ Jeremy Schwartz Jason Thompson Title: Chief Procurement Officer Title: President Date: ________________________ Date: ________________________ Approved: By: __________________________ Chad Coauette Title: Executive Director/CEO Date: ________________________                   5)35RDGZD\0DLQWHQDQFH(TXLSPHQW  9HQGRU'HWDLOV &RPSDQ\1DPH 3%/RDGHU&RUSRUDWLRQ $GGUHVV :%DUVWRZ$YH )UHVQR&$ &RQWDFW -DVRQ7KRPSVRQ (PDLO MWKRPSVRQ#SEORDGHUFRP 3KRQH +67  6XEPLVVLRQ'HWDLOV &UHDWHG2Q 7XHVGD\-XO\ 6XEPLWWHG2Q 7KXUVGD\$XJXVW 6XEPLWWHG%\ -DVRQ7KRPSVRQ (PDLO MWKRPSVRQ#SEORDGHUFRP 7UDQVDFWLRQ EHDHEHEGED 6XEPLWWHU V,3$GGUHVV  Bid Number: RFP 080521 Vendor Name: PB Loader Corporation          6SHFLILFDWLRQV 7DEOH3URSRVHU,GHQWLW\ $XWKRUL]HG5HSUHVHQWDWLYHV *HQHUDO,QVWUXFWLRQV DSSOLHVWRDOO7DEOHV 6RXUFHZHOOSUHIHUVDEULHIEXWWKRURXJKUHVSRQVHWRHDFKTXHVWLRQ'RQRWPHUHO\DWWDFKDGGLWLRQDOGRFXPHQWVWR\RXU 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7KH3URSRVHUGHFODUHVWKDWWKHUHLVDQDFWXDORUSRWHQWLDO&RQIOLFWRI,QWHUHVWUHODWLQJWRWKHSUHSDUDWLRQRILWVVXEPLVVLRQDQGRUWKH3URSRVHUIRUHVHHVDQDFWXDORU SRWHQWLDO&RQIOLFWRI,QWHUHVWLQSHUIRUPLQJWKHFRQWUDFWXDOREOLJDWLRQVFRQWHPSODWHGLQWKHELG <HV1R 7KH%LGGHUDFNQRZOHGJHVDQGDJUHHVWKDWWKHDGGHQGXPDGGHQGDEHORZIRUPSDUWRIWKH%LG'RFXPHQW &KHFNWKHER[LQWKHFROXPQ,KDYHUHYLHZHGWKLVDGGHQGXPEHORZWRDFNQRZOHGJHHDFKRIWKHDGGHQGD Bid Number: RFP 080521 Vendor Name: PB Loader Corporation          )LOH1DPH ,KDYHUHYLHZHGWKH EHORZDGGHQGXPDQG DWWDFKPHQWV LI DSSOLFDEOH 3DJHV $GGHQGXPBB5RDGZD\B0DLQWB(TXLSWB5)3B :HG-XO\30  $GGHQGXPBB5RDGZD\B0DLQWB(TXLSWB5)3B 0RQ-XO\30  $GGHQGXPBB5RDGZD\B0DLQWB(TXLSWB5)3B )UL-XO\30  $GGHQGXPBB5RDGZD\B0DLQWB(TXLSWB5)3BB'UDIW 7KX-XQH30  Bid Number: RFP 080521 Vendor Name: PB Loader Corporation          The New York State Contract Reporter This document printed Wednesday, 06/16/2021 NYS' official source of contracting opportunities Bringing business and government together Contracting Opportunity * * * This ad has not been published. It has been reviewed and pending publication. * * * Title:Roadway Maintenance Equipment Agency:Sourcewell Division:Procurement Department Contract Number:080521 Contract Term:4 years, with potential 1 year extension Date of Issue:06/17/2021 Due Date/Time:08/05/2021 4:30 PM Central Time County(ies):All NYS counties Classification:Construction Horizontal: Highways & Roadways; Maintenance, Repair & New Construction - Commodities Opportunity Type:General Entered By:Chris Robinson Description:Sourcewell, a State of Minnesota local government unit and service cooperative, is requesting proposals for Roadway Maintenance Equipment to result in a contracting solution for use by its Participating Entities.  Sourcewell Participating Entities include thousands of governmental, higher education, K-12 education, nonprofit, tribal government, and other public agencies located in the United States and Canada. A full copy of the Request for Proposals can be found on the Sourcewell Procurement Portal [https://proportal .sourcewell-mn.gov]. Only proposals submitted through the Sourcewell Procurement Portal will be considered. Proposals are due no later than August 5, 2021, at 4:30 p.m. Central Time, and late proposals will not be considered. Service-Disabled Veteran-Owned Set Aside: No 1 of 2 Contact Information Primary contact:Sourcewell Procurement Department Chris Robinson Procurement Manager 202 12th Street NE P.O. Box 219 Staples, MN 56479 United States Ph: 218-895-4168 rfp@sourcewell-mn.gov Submit to contact:Sourcewell Procurement Department Chris Robinson Procurement Manager 202 12th Street NE P.O. Box 219 Staples, MN 56479 United States Ph: 218-895-4168 rfp@sourcewell-mn.gov     © 2021, Empire State Development http://www.esd.ny.gov/ 2 of 2 AFFIDAVIT OF PUBLICATION Account #Order Number Identification Order PO Amount Cols Depth 34474 82446 Print Legal Ad - IPL0028222 $126.85 1 1.77 SOURCEWELL PO BOX 219 STAPLES, MN 56479 Attention:Carol Jackson Extra charge for lost or duplicate affidavits. Legal document please do not destroy! Sworn to and subscribed before me this 17th day of June in the year of 2021 Notary Public in and for the state of Texas, residing in Dallas County No. of Insertions:1 Beginning Issue of:06/17/2021 Ending Issue of:06/17/2021 State of South Carolina County of Richland I, Tara Pennington, makes oath that the advertisment, was published in The State, a newspaper published in the City of Columbia, State and County aforesaid, in the issue(s) of Tara Pennington Errors- the liability of the publisher on account of errors in or omissions from any advertisement will in no way exceed the amount of the charge for the space occupied by the item in error, and then only for the first incorrect insertion.” SPORTS U SA TODAY ❚THURSDAY, JUNE 17, 2021 ❚5C Place your advertisement in USA TODAY Marketplace! To advertise, call: 800-397-0070 GET NOTICED! Advertise in USA TODAY’s Marketplace!Call:1-800-397-0070 To view more Classified listings, visit: classifieds.usatoday.com NOTICES EDUCATIONPUBLIC NOTICE COLLEGES/ UNIVERSITIES OIL AND GAS INDUSTRIES UNIVERSITY SCHOLARSHIP Each year, The Oil and Gas Industries is pleased to announce its University Scholar- ship for USA Citizens. If you are education- ally and economically disadvantaged students you are encouraged to apply. The university will award various scholarship awards according to programs. If you meet the eligibility criteria for an award and are in need of financial assistance, you are encouraged to apply. Course:Freshman courses Subject:Various subjects Eligibility:Freshman or current University/College Students Application Deadline:Varies Apply now: http://www.scholarships. oilandgasindustries.com Sourcewell, a State of Minnesota local government unit and service cooperative, is requesting proposals for Roadway Maintenance Equipment to result in a contracting solution for use by its Participating Entities. Sourcewell Participating Entities include thousands of governmental, higher education, K-12 education, nonprofit, tribal government, and other public agencies located in the United States and Canada. A full copy of the Request for Proposals can be found on the Sourcewell Procurement Portal https://proportal.sourcewell-mn.gov. Only proposals submitted through the Sourcewell Procurement Portal will be considered. Proposals are due no later than August 5, 2021, at 4:30pm CentralTime, and late proposals will not be considered. LEGAL NOTICE The deadline to assert certain administrative expense claims in the bankruptcy cases of ITT Educational Services, Inc. (16-07207), ESI Service Corp. (16-07208) and/or Daniel Webster College, Inc. (16-07209) is July 29, 2021 at 4:00 p.m. (prevailing Eastern time). Please go to www.omnimgt.com/itt for addi- tional information. TRAVEL CAMPGROUNDS Boulder Creek Lodge in beautiful southwest Montana is located between two mountain ranges that make up the Northern Rocky Mountains. Located 11 miles north of Philipsburg, Mt or midway between Glacier National Forest and Yellowstone. During your visit plan on fishing, sapphire mining, visiting ghost towns, and visiting a famous candy store. Destinations within a short drive of the resort: Phillipsburg, Butte, Deer Lodge, Anaconda, Missoula, and Helena, Montana. Resort features: Cabins, Glamping Tipis and Conestoga Wagon, RV Park, restaurant and free strong wifi. BoulderCreekLodgeMontana Call 406-859-3190 www.bouldercreeklodgemontana.com Celebrate 2021 at Boulder Creek Lodge Montana “The Happiest Place in Montana” It is time to plan your 2021 Summer Vacation Think Montana 4 Boulder Creek Road, Hall, Montana 59837 who is in his 13th season and says MLB’s foreign substance crackdown “is not go- ing to affect me at all. “I don’t think it’s, ‘OK, this guy’s spin rate’s down, his slider’s not as good, his fastball’s not jumping as much, so it must be sticky.’ The way things are these days, people will jump to conclu- sions. But it’s not always the right one.” MLB’s announcement Tuesday that beginning Monday it will instruct um- pires to vigorously enforce rules against foreign substance use comes after years of players pushing the rulebook too far, leaping from the gentlemanly and ac- cepted use of pine tar to more complex and impactful products like Spider Tack, stuff that crosses the line from control aid to performance enhancer. And so, not unlike the great awaken- ing on steroid use at the turn of this cen- tury, the hunt is on. Who’s been gooping up? And who’s going to get shelled when they stop? This will be an inquisition unlike any we’ve seen. When batters and pitchers alike juiced up with steroids, growth hor- mones and other PEDs for much of the 1990s and 2000s, the lone evidence was in physical changes to a player or a spike in their slugging percentage or strikeout rates. In the absence of drug testing, which did not begin until 2003, some players were so blatant in their usage that fans could reasonably intuit some- thing was amiss based on performance. Meanwhile, dozens of others skated past the suspicion and even received a lifetime immunity of sorts if they were not entangled in the Mitchell Report, MLB’s 2007 investigation into PED use that implicated nearly 100 players yet was far from an exhaustive accounting of PED use. Now, in the great sticky crackdown of 2021? Observers need only point their browsers to a player’s statistical per- formance and his spin rate data, easily accessible on Baseball Savant, an ad- vanced-metrics website now under MLB’s umbrella. Was Bieber’s poor performance inju- ry related or because he swore off for- eign substances? Is a 12% drop in spin on his curveball from an early April start to a June 3 start – two days after MLB informed owners a crackdown was coming – due to substance cessation or any of the dozens of factors, including health, that affect pitching perform- ance? With umpires authorized to shake down pitchers multiple times a game, those caught red-handed – or on their belt, glove, cap, shoes, whatever – will be nailed in plain sight and suspended. Those who suddenly regress, with ei- ther their spin rate plummeting or their ERA soaring, may find themselves in- dicted in the court of public opinion without physical evidence. “In the steroid era, if someone was good, it was automatically, ‘He’s on ster- oids,’ ” Red Sox reliever Matt Barnes said after Boston’s previously solid pitching staff was pounded for 53 runs over six games last week. “The easiest way to justify someone being bad or good over a stretch is something other than what it really is. It’s just the easiest way to talk about it. That’s what hap- pens when you play 162 games. There’s too many games to stay at an elite level for every single one of them. “(Foreign substances) just seems like an easy way out.” Indeed, a Boston Globe analysis of Red Sox pitchers revealed no substan- tial drop in pitcher spin rate during their staffwide slump, which also came in the days following the news of the impend- ing crackdown. The cat-and-mouse game between players and the game’s enforcement wing will now be enhanced – the cat, in this case, umpires, will be ordered to check pitchers multiple times a game. Balls and, if necessary, equipment will be collected as evidence. Yet rooting out all foreign substance use is virtually im- possible – particularly if pitchers in- spected and found to be clean are em- boldened. “You’re not supposed to break the speed limit, too. But you do. You know what I’m saying?” says Astros manager Dusty Baker. Meanwhile, much of the rhetoric from the steroids era has returned, with players and executives either claiming/ feigning ignorance or welcoming scruti- ny, taking Detwiler’s tack that they have nothing to hide. Yankees GM Brian Cashman said Tuesday that he’d “never heard of Spider Tack until three weeks ago. Honest to God.” That would put him at odds with the dozens of players who have either used it or experimented with it or chatted about it in long walks to the outfield to shag fly balls or the many hours of dead time spent with comrades in the bull- pen. Many will be fighting a public per- ception battle wrought by one of their peers. Dodgers starter Trevor Bauer claimed in 2020 that upward of 70% of pitchers use foreign substances. In 2018, he essentially confirmed he ex- perimented with a pine tar mixture dur- ing the first inning of one start, if only to illustrate how that one-inning spike in spin rate proved the efficacy of foreign substances. And after perhaps joining them in- stead of trying to beat them, his spin rates soared as he won the 2020 Nation- al League Cy Young Award, and then dipped in recent weeks. Perhaps he laid off the stuff. Perhaps he’ll turn back into a league average-ish pitcher post-crackdown, albeit after se- curing $102 million over three years from the Dodgers. And perhaps only the tincture of time can tell us the whole story – eager though we might be to scamper online, calculate a dip in spin rate and convict the guilty party. “I think false correlations are made every single day,” says Brewers manager Craig Counsell. “Every player in there deals with a false correlation nearly ev- ery day he plays the game. It’s part of being a professional athlete, especially the world these athletes live in with so- cial media. “I don’t think it’ll be that obvious. I think there’s going to be adjustment pe- riods and then it will all go back to nor- mal. Good players are going to be good players.” MLB Continued from Page 1C MLB’s enforcement crackdown will begin Monday.JAE C. HONG/AP But more than any other day this sea- son, Wednesday felt like the breaking point to acknowledge that what the NBA tried to pull off this year was a mistake if any part of its goal was to have enough healthy players to have a playoff worth caring about. Of the eight teams that made the quarterfinals this season, seven will have to either overcome a serious injury to a key player in the playoffs or have a built-in excuse because of it. The eighth team, the Suns – who are resting com- fortably awaiting the Western Confer- ence finals – now have to deal with the uncertainty of Chris Paul reportedly en- tering COVID-19 health and safety pro- tocols. Some percentage of this is the cost of doing business. Injuries do happen, and they’ll never be eliminated as a factor in any team’s destiny. But when you’ve got Kawhi Leonard sidelined with an ACL injury now, the Jazz uncertain when or if Mike Conley will be available due to a hamstring, Joel Embiid laboring on a torn meniscus for the 76ers, and the Nets having to do this with Kyrie Irving and James Harden go- ing in and out of the lineup, there’s a trend that can’t be ignored. When the players who are carrying the biggest load night in and night out for these teams are struggling to stay healthy amid this crazy schedule, it doesn’t feel like a coincidence. To expand it out even further, eight different All-Stars have missed a playoff game this season, and that doesn’t even account for the anterior cruciate liga- ment injury to Jamal Murray that basi- cally ended Denver’s chances of win- ning a title, De’Andre Hunter having me- niscus surgery after Atlanta’s first- round win over the Knicks or Donte Di- Vincenzo suffering a season-ending foot injury during Milwaukee’s first- round series against Miami. This isn’t normal, and it needs to spark some serious conversations with- in the league about the appropriate number of games in the season, playing back-to-backs, adding rest periods within the season, cutting down on trav- el, and much more. Everything should be on the table. The hard part is that intelligent peo- ple in sports – and NBA executives are nothing if not intelligent – prefer that their decisions be driven by numbers. They don’t want to make big changes in response to a small set of data points, and the NBA’s publicly stated position has been that injuries were not worse this year versus past years. But the eye test and common sense have to apply here, too. What the NBA schedule demanded of its players this season was insanity: lots of three-game in four night stretches, plenty of back- to-backs with travel in between, and precious few opportunities for teams to catch their breath or get healthy. Having star players break down right and left with soft tissue injuries, especially dur- ing the playoffs, was always a logical outcome of putting them through a con- densed schedule. Now it’s reality. Some will say that James’ told-you- so critique of the way this season played out has echoes of sour grapes. He never quite got right after suffering a high an- kle sprain on March 20, and the Lakers pretty much reached the end of the line when Anthony Davis went down with a groin injury in Game 4 against the Suns. But his point about what the NBA’s goals should be is worth taking serious- ly for next season and beyond. Without acknowledging the mistake of this schedule and the health of players being better taken into account in the future, this seems likely to happen again. If these playoffs are ultimately little more than a test of attrition, so be it. Crown the worthy champion and move on. But trading a quality playoff product for regular season revenue is not a strat- egy that will do anything for the NBA’s appeal over the long term. With this latest batch of injuries, per- haps the league will finally acknowledge that something needs to be fixed. Wolken Continued from Page 1C Superstar forward LeBron James played only 45 of the Lakers’ 72 games this season.ASHLEY LANDIS/AP NBA Best-of-seven; x-if necessary Eastern Conference semifinals Brooklyn vs. Milwaukee, Brooklyn leads 3-2 Tuesday: Brooklyn won 114-108 Thursday: at Milwaukee, 8:30 ET (ESPN) x-Saturday: at Brooklyn, TBD (TNT) Philadelphia vs. Atlanta, tied 2-2 Wednesday: Atlanta at Philadelphia Friday: Philadelphia at Atlanta, 7:30 ET (ESPN) x-Sunday: Atlanta at Philadelphia, TBD Western Conference semifinals Phoenix vs. Denver, Phoenix won 4-0 Utah vs. LA Clippers, tied 2-2 Wednesday: at Utah Friday: at LA Clippers, 10 ET (ESPN) x-Sunday: at Utah, TBD Sourcewell, a State of Minnesota local government unit and service cooperative, is requesting proposals for Roadway Maintenance Equipment to result in a contracting solution for use by its Participating Entities. Sourcewell Participating Entities include thousands of governmental, higher education, K-12 education, nonprofit, tribal government, and other public agencies located in the United States and Canada. A full copy of the Request for Proposals can be found on the Sourcewell Procurement Portal https://proportal.sourcewell-mn.gov. Only proposals submitted through the Sourcewell Procurement Portal will be considered. Proposals are due no later than August 5, 2021, at 4:30pm Central Time, and late proposals will not be considered. NOTICES PUBLIC NOTICE usat-usatnonbus-sourcewell-display-public-notice-17343.indd 1usat-usatnonbus-sourcewell-display-public-notice-17343.indd 1 6/14/21 1:00 PM6/14/21 1:00 PM   ProposalOpeningRecord  Dateofopening:August5,2021  SourcewellpostedRequestforProposal#080521,fortheprocurementofRoadwayMaintenanceEquipment, ontheSourcewellProcurementPortal[proportal.sourcewellͲmn.gov]onThursday,June17,2021,andthe solicitationremainedinanopenstatuswithintheportaluntilAugust5,2021,at4:30pmCT.TheRFPrequired thatallproposalsbesubmittedthroughtheSourcewellProcurementPortalnolaterthan4:30pmCTon August5,2021,thedateandtimespecifiedintheSolicitationSchedule.  TheundersignedcertifythatallresponsesreceivedonRequestforProposal#080521weresubmittedthrough theSourcewellProcurementPortal,andthateachProposer’sresponsematerialwasdigitallysealedupon submissionandremainedinaccessibleuntiltheduedateandtimespecifiedintheSolicitationSchedule.  Responseswerereceivedfromthefollowing:  AebiSchmidtNorthAmericadbaMͲBCompanies,Inc.ͲSubmitted8/05/21at2:03:23PM AsphaltZipper,Inc.ͲSubmitted8/02/21at10:58:38AM AstecIndustriesͲSubmitted8/05/21at2:33:27PM Bergkamp,IncorporatedͲSubmitted8/04/21at7:22:33PM BOMAGAmerica,LLCͲSubmitted8/05/21at4:28:44PM BonnellIndustries,Inc.ͲSubmitted8/03/21at9:27:21AM BroceManufacturingCompany,Inc.ͲSubmitted7/30/21at9:04:23AM Cimline,Inc.ͲSubmitted8/05/21at11:45:07AM Crafco,Inc.ͲSubmitted8/02/21at12:48:32PM DynapacNorthAmerica,LLC(FayatNorthAmerica,LLC)ͲSubmitted8/05/21at10:09:45AM EtnyreInternationalͲSubmitted8/05/21at2:27:55PM FalconEquipmentHoldings,LLCͲSubmitted8/04/21at11:19:04AM GoldstarAsphaltProducts(NPG,Inc.)ͲSubmitted8/05/21at12:19:12PM HeatDesignEquipment,Inc.ͲSubmitted8/05/21at3:18:18PM KeizerMorrisInternational,Inc.ͲSubmitted8/05/21at10:10:54AM LandPride,ADivisionofGreatPlainsMfg.,Inc.ͲSubmitted8/05/21at4:01:41PM MarathonEquipment,Inc.ͲSubmitted8/03/21at11:04:51AM PavementTechnologiesInternationalCorp.(Pavementgroup)ͲSubmitted8/05/21at3:55:02PM PBLoaderCorporationͲSubmitted8/05/21at2:04:49PM RoadGroomMfg.,LLCSubmitted8/02/21at2:35:07PM RoadHog,Inc.ͲSubmitted8/04/21at9:59:45AM SBManufacturing,Inc.(SuperiorBroom)ͲSubmitted8/02/21at4:32:21PM SkipͲLine,LLCͲSubmitted8/05/21at2:25:30PM SpauldingMfg.,Inc.ͲSubmitted8/05/21at2:19:35PM SteppManufacturingCompany,Inc.ͲSubmitted8/04/21at3:20:01PM         StripingServiceandSupply,Inc.ͲSubmitted8/05/21at9:05:04AM ThorWorksIndustries,Inc.dbaSealMaster,Inc.ͲSubmitted8/04/21at9:45:36PM VogelTrafficServices,Inc.dbaEZLinerͲSubmitted8/05/21at3:36:27PM WarrenPowerAttachmentsͲSubmitted8/04/21at8:19:54AM Waterblasting,LLC.(HogTechnologies)ͲSubmitted8/04/21at3:27:58PM  TheProposalswereopenedelectronically,andalistofallProposerswasmadepubliclyavailableinthe SourcewellProcurementPortal,onAugust5,2021,at4:32:43PMCT.Allresponsiveproposalswerethen submittedforreviewbytheSourcewellEvaluationCommittee.     _______________________________________________________________________ KimAustin,MBA,CPPB,ProcurementLeadAnalystCarolJackson,ProcurementAnalyst          Rev. 3/2021 Sourcewell RFP #080521 Roadway Maintenance Equipment Page 1 RFP #080521 REQUEST FOR PROPOSALS for Roadway Maintenance Equipment Proposal Due Date: August 5, 2021, 4:30 p.m., Central Time Sourcewell, a State of Minnesota local government unit and service cooperative, is requesting proposals for Roadway Maintenance Equipment to result in a contracting solution for use by its Participating Entities. Sourcewell Participating Entities include thousands of governmental, higher education, K-12 education, nonprofit, tribal government, and other public agencies located in the United States and Canada. A full copy of the Request for Proposals can be found on the Sourcewell Procurement Portal [https://proportal.sourcewell-mn.gov]. Only proposals submitted through the Sourcewell Procurement Portal will be considered. Proposals are due no later than August 5, 2021, at 4:30 p.m. Central Time, and late proposals will not be considered. Solicitation Schedule Public Notice of RFP Published: June 17, 2021 Pre-proposal Conference: July 15, 2021, 10:00 a.m., Central Time Question Submission Deadline: July 29, 2021, 4:30 p.m., Central Time Proposal Due Date: August 5, 2021, 4:30 p.m., Central Time Late responses will not be considered. Opening: August 5, 2021, 6:30 p.m., Central Time See RFP Section V.G. “Opening” Rev. 3/2021 Sourcewell RFP #080521 Roadway Maintenance Equipment Page 2 I. ABOUT SOURCEWELL A. SOURCEWELL Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that facilitates a competitive public solicitation and contract award process for the benefit of its 50,000+ participating entities across the United States and Canada. Sourcewell’s solicitation process complies with State of Minnesota law and policies, conforms to Canadian trade agreements, and results in cooperative purchasing solutions from which Sourcewell’s Participating Entities procure equipment, products, and services. Cooperative purchasing provides participating entities and suppliers increased administrative efficiencies and the power of combined purchasing volume that result in overall cost savings. At times, Sourcewell also partners with other purchasing cooperatives to combine the purchasing volume of their membership into a single solicitation and contract expanding the reach of contracted suppliers’ potential pool of end users. Sourcewell uses a website-based platform, the Sourcewell Procurement Portal, through which all proposals to this RFP must be submitted. B. USE OF RESULTING CONTRACTS In the United States, Sourcewell’s contracts are available for use by: • Federal and state government entities; • Cities, towns, and counties/parishes; • Education service cooperatives; • K-12 and higher education entities; • Tribal government entities; • Some nonprofit entities; and • Other public entities. In Canada, Sourcewell’s contracts are available for use by: • Provincial and territorial government departments, ministries, agencies, boards, councils, committees, commissions, and similar agencies; • Regional, local, district, and other forms of municipal government, municipal organizations, school boards, and publicly-funded academic, health, and social service entities referred to as MASH sector (this should be construed to include but not be limited to the Cities of Calgary, Edmonton, Toronto, Ottawa, and Winnipeg), as well as any corporation or entity owned or controlled by one or more of the preceding entities; • Crown corporations, government enterprises, and other entities that are owned or controlled by these entities through ownership interest; Rev. 3/2021 Sourcewell RFP #080521 Roadway Maintenance Equipment Page 3 • Members of the Rural Municipalities of Alberta (RMA) and their represented Associations: MASH (municipalities, academic institutions, schools and hospitals) and MUSH (municipalities, universities, schools and hospitals) sectors, and other governmental agencies eligible to use the Sourcewell contracts. MASH and MUSH sector refers to regional, local, district or other forms of municipal government, school boards, publicly-funded academic, health and social service entities, as well as any corporation or entity owned or controlled by one or more of the preceding entities, including but not limited to represented associations, Saskatchewan Association of Rural Municipalities ("SARM"), Association of Manitoba Municipalities ("AMM"), Local Authorities Services/Association of Municipalities Ontario ("LAS/AMO", excluding the cities of Toronto and Ottawa), Nova Scotia Federation of Municipalities (“NSFM”), Federation of Prince Edward Island Municipalities (“FPEIM”), Municipalities Newfoundland Labrador (“MNL”), Union of New Brunswick Municipalities (“UNBM”), North West Territories Association of Communities ("NWTAC") and their members. RMA Participants may include all not-for-profit agencies for Canadian provinces and territories. For a listing of current United States and Canadian Participating Entities visit Sourcewell’s website (note: there is a tab for each country): https://www.sourcewell-mn.gov/sourcewell-for- vendors/agency-locator. Participating Entities typically access contracted equipment, products, or services through a purchase order issued directly to the contracted supplier. A Participating Entity may request additional terms or conditions related to a purchase. Use of Sourcewell contracts is voluntary and Participating Entities retain the right to obtain similar equipment, products, or services from other sources. To meet Participating Entities’ needs, Sourcewell broadly publishes public notice of all solicitation opportunities, including this RFP. In the United States each state-level procurement department receives notice for possible re-posting. Proof of publication will be available at the conclusion of the solicitation process. II. SOLICITATION DETAILS A. SOLUTIONS-BASED SOLICITATION This RFP and contract award process is a solutions-based solicitation; meaning that Sourcewell is seeking equipment, products, or services that meet the general requirements of the scope of this RFP and that are commonly desired or are required by law or industry standards. Rev. 3/2021 Sourcewell RFP #080521 Roadway Maintenance Equipment Page 4 B. REQUESTED EQUIPMENT, PRODUCTS, OR SERVICES It is expected that proposers will offer a wide array of equipment, products, or services at lower prices and with better value than what they would ordinarily offer to a single government entity, a school district, or a regional cooperative. 1. Sourcewell is seeking proposals for Roadway Maintenance Equipment, including, equipment, attachments, accessories, and related technology designed or primarily intended for use in the maintenance of road and highway surfaces, such as: a. Asphalt recyclers and reclaimers; b. Patchers, seal coaters, crack sealers, and mastic and adhesive melters; c. Chip spreaders, asphalt brooms, and pavement grinding or grooving equipment; and, d. Pavement marking application and removal equipment. 2. This solicitation should NOT be construed to include: a. Road construction equipment. 3. This solicitation does not include those equipment, products, or services covered under categories included in contracts currently maintained by Sourcewell: a. Sewer Vacuum, Hydro-Excavation, and Street Sweeper Equipment, with Related Accessories and Supplies (RFP #122017) b. Public Utility Equipment with Related Accessories and Supplies (RFP #012418) c. Snow and Ice Handling Equipment, Supplies, and Accessories (RFP #080818) d. Trailers with Related Equipment, Accessories, and Services (RFP #121918) e. Heavy Construction Equipment with Related Accessories, Attachments, and Supplies (RFP #032119) f. Medium Duty and Compact Construction Equipment with Related Attachments, Accessories, and Supplies (RFP #040319) g. Portable Construction Equipment with Related Accessories and Attachments (RFP #041719) h. Equipment Rental with Related Services (RFP #062320) i. Road Right-of-Way Maintenance Equipment (RFP #070821) j. Roadway Paving Equipment (RFP #TBD) Proposers may include related equipment, accessories, and services to the extent that these solutions are complementary to the equipment, products, or service(s) being proposed. Generally, the solutions for Participating Entities are turn-key solutions, providing a combination of equipment, products and services, delivery, and installation to a properly operating status. However, equipment or products only solutions may be appropriate for Rev. 3/2021 Sourcewell RFP #080521 Roadway Maintenance Equipment Page 5 situations where Participating Entities possess the ability, either in-house or through local third- party contractors, to properly install and bring to operation the equipment or products being proposed. Sourcewell prefers suppliers that provide a sole source of responsibility for the equipment, products, and services provided under a resulting contract If proposer is including the equipment, products, and services of its subsidiary entities, the proposer must also identify all included subsidiaries in its proposal. If proposer requires the use of distributors, dealers, resellers, or subcontractors to provide the equipment, products, or services, the proposal must address how the equipment, products or services will be provided to Participating Entities, and describe the network of distributors, dealers, resellers, and/or subcontractors that will be available to serve Participating Entities under a resulting contract. Sourcewell desires the broadest possible selection of equipment, products, and services being proposed over the largest possible geographic area and to the largest possible cross-section of Sourcewell current and future Participating Entities. C. REQUIREMENTS It is expected that proposers have knowledge of all applicable industry standards, laws, and regulations and possess an ability to market and distribute the equipment, products, or services to Participating Entities. 1. Safety Requirements. All items proposed must comply with current applicable safety or regulatory standards or codes. 2. Deviation from Industry Standard. Deviations from industry standards must be identified with an explanation of how the equipment, products, and services will provide equivalent function, coverage, performance, and/or related services. 3. New Equipment and Products. Proposed equipment and products must be for new, current model; however, proposer may offer certain close-out equipment or products if it is specifically noted in the Pricing proposal. 4. Delivered and operational. Unless clearly noted in the proposal, equipment and products must be delivered to the Participating Entity as operational. 5. Warranty. All equipment, products, supplies, and services must be covered by a warranty that is the industry standard or better. D. ANTICIPATED CONTRACT TERM Sourcewell anticipates that the term of any resulting contract(s) will be four years, with an optional one year extension that may be offered based on the best interests of Sourcewell and its Participating Entities. Rev. 3/2021 Sourcewell RFP #080521 Roadway Maintenance Equipment Page 6 E. ESTIMATED CONTRACT VALUE AND USAGE Based on past volume of similar contracts, the estimated annual value of all transactions from contracts resulting from this RFP are anticipated to be USD $15 Million; therefore, proposers are expected to propose volume pricing. Sourcewell anticipates considerable activity under the contract(s) awarded from this RFP; however, sales and sales volume from any resulting contract are not guaranteed. F. MARKETING PLAN Proposer’s sales force will be the primary source of communication with Participating Entities. The proposer’s Marketing Plan should demonstrate proposer’s ability to deploy a sales force or dealer network to Participating Entities, as well as proposer’s sales and service capabilities. It is expected that proposer will promote and market any contract award. G. ADDITIONAL CONSIDERATIONS 1. Contracts will be awarded to proposers able to best meet the need of Participating Entities. Proposers should submit their complete line of equipment, products, or services that are applicable to the scope of this RFP. 2. Proposers should include all relevant information in its proposal, since Sourcewell cannot consider information that is not included in the proposal. Sourcewell reserves the right to verify proposer’s information and may request clarification from a proposer, including samples of the proposed equipment or products. 3. Depending upon the responses received in a given category, Sourcewell may need to organize responses into subcategories in order to provide the broadest coverage of the requested equipment, products, or services to Participating Entities. Awards may be based on a subcategory. 4. A proposer’s documented negative past performance with Sourcewell or its Participating Entities occurring under a previously awarded Sourcewell contract may be considered in the evaluation of a proposal. III. PRICING A. REQUIREMENTS All proposed pricing must be: 1. Either Line-Item Pricing or Percentage Discount from Catalog Pricing, or a combination of these: a. Line-item Pricing is pricing based on each individual product or services. Each line must indicate the proposer’s published “List Price,” as well as the “Contract Price.” b. Percentage Discount from Catalog or Category is based on a percentage discount from a catalog or list price, defined as a published Manufacturer’s Suggested Retail Price Rev. 3/2021 Sourcewell RFP #080521 Roadway Maintenance Equipment Page 7 (MSRP) for the products or services. Individualized percentage discounts can be applied to any number of defined product groupings. Proposers will be responsible for providing and maintaining current published MSRP with Sourcewell, and this pricing must be included in its proposal and provided throughout the term of any Contract resulting from this RFP. 2. The proposer’s not to exceed price. A not to exceed price is the highest price for which equipment, products, or services may be billed to a Participating Entity. However, it is permissible for suppliers to sell at a price that is lower than the contracted price. 3. Stated in U.S. and Canadian dollars (as applicable). 4. Clearly understandable, complete, and fully describe the total cost of acquisition (e.g., the cost of the proposed equipment, products, and services delivered and operational for its intended purpose in the Participating Entity’s location). Proposers should clearly identify any costs that are NOT included in the proposed product or service pricing. This may include items such as installation, set up, mandatory training, or initial inspection. Include identification of any parties that impose such costs and their relationship to the proposer. Additionally, proposers should clearly describe any unique distribution and/or delivery methods or options offered in the proposal. B. ADMINISTRATIVE FEES Proposers are expected to pay to Sourcewell an administrative fee in exchange for Sourcewell facilitating the resulting contracts. The administrative fee is normally calculated as a percentage of the total sales to Participating Entities for all contracted equipment, products, or services made during a calendar quarter, and is typically one percent (1%) to two percent (2%). In some categories, a flat fee may be an acceptable alternative. IV. CONTRACT Proposers awarded a contract will be required to execute a contract with Sourcewell (see attached template). Only those modifications the proposer indicates in its proposal will be available for discussion. Much of the language in the Contract reflects Minnesota legal requirements and cannot be altered. Numerous and/or onerous exceptions that contradict Minnesota law may result in the proposal being disqualified from further review and evaluation. To request a modification to the template Contract, a proposer must submit the Exceptions to Terms, Conditions, or Specifications table with its proposal. Only those exceptions noted at the time of the proposal submission will be considered. Exceptions must: 1. Clearly identify the affected article and section. 2. Clearly note the requested modification; and as applicable, provide requested alternative language. Unclear requests will be automatically denied. Rev. 3/2021 Sourcewell RFP #080521 Roadway Maintenance Equipment Page 8 Only those exceptions that have been accepted by Sourcewell will be included in the contract document provided to the awarded supplier for signature. If a proposer receives a contract award resulting from this solicitation it will have up to 30 days to sign and return the contract. After that time, at Sourcewell’s sole discretion, the contract award may be revoked. V. RFP PROCESS A. PRE-PROPOSAL CONFERENCE Sourcewell will hold an optional, non-mandatory pre-proposal conference via webcast on the date and time noted in the Solicitation Schedule for this RFP and on the Sourcewell Procurement Portal. The purpose of this conference is to allow potential proposers to ask questions regarding this RFP and Sourcewell’s competitive contracting process. Information about the webcast will be sent to all entities that have registered for this solicitation opportunity through their Sourcewell Procurement Portal Supplier Account. Pre-proposal conference attendance is optional. B. QUESTIONS REGARDING THIS RFP AND ORAL COMMUNICATION All questions regarding this RFP must be submitted through the Sourcewell Procurement Portal. The deadline for submission of questions is found in the Solicitation Schedule and on the Sourcewell Procurement Portal. Answers to questions will be issued through an addendum to this RFP. Repetitive questions will be summarized into a single answer and identifying information will be removed from the submitted questions. All questions, whether specific to a proposer or generally related to the RFP, must be submitted using this process. Do not contact individual Sourcewell staff to ask questions or request information as this may disqualify the proposer from responding to this RFP. Sourcewell will not respond to questions submitted after the deadline. C. ADDENDA Sourcewell may modify this RFP at any time prior to the proposal due date by issuing an addendum. Addenda issued by Sourcewell become a part of the RFP and will be delivered to potential proposers through the Sourcewell Procurement Portal. Sourcewell accepts no liability in connection with the delivery of any addenda. Before a proposal will be accepted through the Sourcewell Procurement Portal, all addenda, if any, must be acknowledged by the proposer by checking the box for each addendum. It is the responsibility of the proposer to check for any addenda that may have been issued up to the solicitation due date and time. Rev. 3/2021 Sourcewell RFP #080521 Roadway Maintenance Equipment Page 9 If an addendum is issued after a proposer submitted its proposal, the Sourcewell Procurement Portal will WITHDRAW the submission and change the proposer’s proposal status to INCOMPLETE. The proposer can view this status change in the “MY BIDS” section of the Sourcewell Procurement Portal Supplier Account. The proposer is solely responsible to check the “MY BIDS” section of the Sourcewell Procurement Portal Supplier Account periodically after submitting its proposal (and up to the Proposal Due Date). If the proposer’s proposal status has changed to INCOMPLETE, the proposer is solely responsible to: i) make any required adjustments to its proposal; ii) acknowledge the addenda; and iii) ensure the re-submitted proposal is received through the Sourcewell Procurement Portal no later than the Proposal Due Date and time shown in the Solicitation Schedule above. D. PROPOSAL SUBMISSION Proposer’s complete proposal must be submitted through the Sourcewell Procurement Portal no later than the date and time specified in the Solicitation Schedule. Any other form of proposal submission, whether electronic, paper, or otherwise, will not be considered by Sourcewell. Late proposals will not be considered. It is the proposer’s sole responsibility to ensure that the proposal is received on time. It is recommended that proposers allow sufficient time to upload the proposal and to resolve any issues that may arise. The time and date that a proposal is received by Sourcewell is solely determined by the Sourcewell Procurement Portal web clock. In the event of problems with the Sourcewell Procurement Portal, follow the instructions for technical support posted in the portal. It may take up to 24 hours to respond to certain issues. Upon successful submission of a proposal, the Sourcewell Procurement Portal will automatically generate a confirmation email to the proposer. If the proposer does not receive a confirmation email, contact Sourcewell’s support provider at support@bidsandtenders.ca. To ensure receipt of the latest information and updates via email regarding this solicitation, or if the proposer has obtained this solicitation document from a third party, the onus is on the proposer to create a Sourcewell Procurement Portal Supplier Account and register for this solicitation opportunity. Within the Sourcewell Procurement Portal, all proposals must be digitally acknowledged by an authorized representative of the proposer attesting that the information contained in in the proposal is true and accurate. By submitting a proposal, proposer warrants that the information provided is true, correct, and reliable for purposes of evaluation for potential contract award. The submission of inaccurate, misleading, or false information is grounds for disqualification from a contract award and may subject the proposer to remedies available by law. Rev. 3/2021 Sourcewell RFP #080521 Roadway Maintenance Equipment Page 10 E. GENERAL PROPOSAL REQUIREMENTS Proposals must be: • In substantial compliance with the requirements of this RFP or it will be considered nonresponsive and be rejected. • Complete. A proposal will be rejected if it is conditional or incomplete. • Submitted in English. • Valid and irrevocable for 90 days following the Proposal Due Date. Any and all costs incurred in responding to this RFP will be borne by the proposer. F. PROPOSAL WITHDRAWAL Prior to the proposal deadline, a proposer may withdraw its proposal. G. OPENING The Opening of proposals will be conducted electronically through the Sourcewell Procurement Portal. A list of all proposers will be made publicly available in the Sourcewell Procurement Portal after the Proposal Due Date, but no later than the Opening time listed in the Solicitation Schedule. To view the list of proposers, verify that the Sourcewell Procurement Portal opportunities list search is set to “All” or “Closed.” The solicitation status will automatically change to “Closed” after the Proposal Due Date and Time. VI. EVALUATION AND AWARD A. EVALUATION It is the intent of Sourcewell to award one or more contracts to responsive and responsible proposers offering the best overall quality, selection of equipment, products, and services, and price that meet the commonly requested specifications of Sourcewell and its Participating Entities. The award(s) will be limited to the number of proposers that Sourcewell determines is necessary to meet the needs of its Participating Entities. Factors to be considered in determining the number of contracts to be awarded in any category may include the following: • The number of and geographic location of: o Proposers necessary to offer a comprehensive selection of equipment, products, or services for Participating Entities’ use. o A proposer’s sales and service network to assure availability of product supply and coverage to meet Participating Entities’ anticipated needs. • Total evaluation scores. Rev. 3/2021 Sourcewell RFP #080521 Roadway Maintenance Equipment Page 11 • The attributes of proposers, and their equipment, products, or services, to assist Participating Entities achieve environmental and social requirements, preferences, and goals. Information submitted as part of a proposal should be as specific as possible when responding to the RFP. Do not assume Sourcewell has any knowledge about a specific supplier or product. B. AWARD(S) Award(s) will be made to the proposer(s) whose proposal conforms to all conditions and requirements of the RFP, and consistent with the award criteria defined in this RFP. Sourcewell may request written clarification of a proposal at any time during the evaluation process. Proposal evaluation will be based on the following scoring criteria and the Sourcewell Evaluator Scoring Guide (a copy is available in the Sourcewell Procurement Portal): Conformance to RFP Requirements 50 Financial Viability and Marketplace Success 75 Ability to Sell and Deliver Service 100 Marketing Plan 50 Value Added Attributes 75 Warranty 50 Depth and Breadth of Offered Equipment, Products, or Services 200 Pricing 400 TOTAL POINTS 1000 C. PROTESTS OF AWARDS Any protest made under this RFP by a proposer must be in writing, addressed to Sourcewell’s Executive Director, and delivered to the Sourcewell office located at 202 12th Street NE, P.O. Box 219, Staples, MN 56479. All documents that comprise the complete protest package must be received no later than 10 calendar days’ following Sourcewell’s notice of contract award(s) or non-award and must be time stamped by Sourcewell no later than 4:30 p.m., Central Time. A protest must allege a procedural, technical, or legal defect, with supporting documentation. A protest that merely requests a re-evaluation of a proposal’s content will not be entertained A protest must include the following items: • The name, address, and telephone number of the protester; • Identification of the solicitation by RFP number; • A precise statement of the relevant facts; • Identification of the alleged procedural, technical, or legal defect; Rev. 3/2021 Sourcewell RFP #080521 Roadway Maintenance Equipment Page 12 • Analysis of the basis for the protest; • Any additional supporting documentation; • The original signature of the protester or its representative; and • Protest bond in the amount of $20,000 (except where prohibited by law or treaty). Protests that do not address these elements will not be reviewed. D. RIGHTS RESERVED This RFP does not commit Sourcewell to award any contract, and a proposal may be rejected if it is nonresponsive, conditional, incomplete, conflicting, or misleading. Proposals that contain false statements or do not support an attribute or condition stated by the proposer may be rejected. Sourcewell reserves the right to: • Modify or cancel this RFP at any time; • Reject any and all proposals received; • Reject proposals that do not comply with the provisions of this RFP; • Select, for contracts or for discussion, a proposal other than that with the lowest cost; • Independently verify any information provided in a proposal; • Disqualify any proposer that does not meet the requirements of this RFP, is debarred or suspended by the United States or Canada, State of Minnesota, Participating Entity’s state or province; has an officer, or other key personnel, who have been charged with a serious crime; or is bankrupt, insolvent, or where bankruptcy or insolvency are a reasonable prospect; • Waive or modify any informalities, irregularities, or inconsistencies in the proposals received; • Clarify any part of a proposal and discuss any aspect of the proposal with any proposer; and negotiate with more than one proposer; • Award a contract if only one responsive proposal is received if it is in the best interest of Participating Entities; and • Award a contract to one or more proposers if it is in the best interest of Participating Entities. E. DISPOSITION OF PROPOSALS All materials submitted in response to this RFP will become property of Sourcewell and will become public record in accordance with Minnesota Statutes Section 13.591, after negotiations are complete. Sourcewell considers that negotiations are complete upon execution of a resulting contract. It is the proposer’s responsibility to clearly identify any data submitted that it considers to be protected. Proposer must also include a justification for the classification citing the applicable Minnesota law. Sourcewell may reject proposals that are marked confidential or nonpublic, either substantially or in their entirety. Rev. 3/2021 Sourcewell RFP #080521 Roadway Maintenance Equipment Page 13 Sourcewell will not consider the prices submitted by the proposer to be confidential, proprietary, or trade secret materials. Financial information, including financial statements, provided by a proposer is not considered trade secret under the statutory definition. 6/24/2021 Addendum No. 1 Solicitation Number: RFP 080521 Solicitation Name: Roadway Maintenance Equipment Consider the following amendment to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged. RFP Amendment: As the result of the publication of an RFP that has been identified as not included in the equipment, products, or services of this solicitation, RFP Subsection II. B. 3. j. is revised to remove the (RFP #TBD) placeholder, and insert the actual RFP number, to read as follows: * * * * j. Roadway Paving Equipment (RFP #081221) * * * * The remainder of the RFP content remains unchanged. End of Addendum Acknowledgement of this Addendum to RFP 080521 posted to the Sourcewell Procurement Portal on 6/24/2021, is required at the time of proposal submittal. 7/16/2021 Addendum No. 2 Solicitation Number: RFP 080521 Solicitation Name: Roadway Maintenance Equipment Consider the following Question and Answer to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged. Question 1: Most of our governmental sales go through our dealer network. Is it acceptable to list those in our list of top 5 even though they purchased through a dealer? Answer 1: In the competitive process, Sourcewell will not advise a proposer on the content of the proposal. It is left to the discretion of each proposer to determine the information necessary to best demonstrate their ability to serve Sourcewell participating entities and that they are willing and able to provide. The solicitation is a competitive process and proposals are evaluated on the content submitted. End of Addendum Acknowledgement of this Addendum to RFP 080521 posted to the Sourcewell Procurement Portal on 7/16/2021, is required at the time of proposal submittal. 7/26/2021 Addendum No. 3 Solicitation Number: RFP 080521 Solicitation Name: Roadway Maintenance Equipment Consider the following Questions and Answers to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged. Question 1: What information from the proposal is automatically published in the public domain (e.g., Sourcewell web site)? And what information is only provided to another party upon their request for the information? In those instances, is the information only provided to the individual or organization that makes the request or is it shared more broadly? Can anyone make that request to get a copy of the information in our proposal? And what is the process they have to go through to make the request? Answer 1: The Sourcewell website is publicly available, and a prospective proposer may review the materials posted to the website at www.sourcewell-mn.gov. Sourcewell responds to all requests for data in accordance with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13. Question 2: Table 12: Pricing Offered. Question 66 states: The Pricing Offered in this Proposal is. This question is very vague, could you please provide a narrower description or examples of what information or description this question is asking for. Answer 2: Table 12, Question 66, includes a drop-down menu. A proposer will select the response that aligns with its proposal. Question 3: Table 13: Audit and Administrative Fee, Question 69 references a proposed Sourcewell administrative fee, but no guidelines are provided in either the Contract Template nor the RFP itself. What are the required administrative fees for this RFP? Answer 3: Refer to RFP Section III. B. – Administrative Fees, for directions on proposing an administrative fee. It is left to the discretion of each proposer to determine and propose an administrative fee that is consistent with its business and its industry. End of Addendum Acknowledgement of this Addendum to RFP 080521 posted to the Sourcewell Procurement Portal on 7/26/2021, is required at the time of proposal submittal. 7/28/2021 Addendum No. 4 Solicitation Number: RFP 080521 Solicitation Name: Roadway Maintenance Equipment Consider the following Questions and Answers to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged. Question 1: What Additional Insured form do you want us to use for completed operations policy? Our insurance provider is asking, and we just want to make sure we use the right one. Answer 1: Refer to Section 18 of the Sourcewell template contract for insurance coverage requirements. Certificates of Insurance are required to be provided by awarded suppliers only, prior to the commencement of the contract. A request for modification to the Sourcewell contract template may only be submitted with a proposal. To request a modification to the template contract terms, conditions, or specifications (including any request to modify or clarify the insurance requirements), a proposer must complete and submit the Exceptions to Terms, Conditions, or Specifications Form, which is found as the final Table of Step 1 in the proposal submission process. Question 2: In reference to the pricing that needs to be submitted, should we be submitting two price lists? One for Canadian customers and one for US customers? Please provide guidance as to how you want the pricing submitted in both currencies. Answer 2: In the competitive process, Sourcewell will not advise a proposer on the content of the proposal. It is left to the discretion of each proposer to determine and propose the pricing approach that aligns with their business methods and satisfies all the requirements of RFP Article III - Pricing. Proposals are evaluated based on the criteria stated in the RFP. End of Addendum Acknowledgement of this Addendum to RFP 080521 posted to the Sourcewell Procurement Portal on 7/28/2021, is required at the time of proposal submittal. City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-371 Agenda Date:3/9/2023 Agenda #:1.-F. REPORT TO THE CITY COUNCIL FROM:BRAIN BARR, Director General Services Department BY:DUANE MYERS, Fleet Manager Fleet Management, General Services Department SUBJECT Award a requirements contract for retreading of commercial truck tires to The Goodyear Tire & Rubber Co. of Fresno, California, for two years with three one-year options, in the annual amount of $335,099.19, plus annual CPI adjustments (Bid File 9659) RECOMMENDATION Staff recommends Council approve the award of a requirements contract for retreading of commercial truck tires to The Goodyear Tire & Rubber Co. of Fresno, California, for two years with three one-year options, in the annual amount of $335,099.19, plus annual CPI adjustments. EXECUTIVE SUMMARY The General Services Department, Fleet Management Division maintains the City of Fresno municipal fleet of 2,400 vehicles and equipment. This contract will supply retreaded commercial truck tires as needed for the next two years with the possibility for three, one year extensions. Retreading commercial truck tires are used tires, which receive a new tread. The worn tread is buffed away, and a new tread is bonded to the casing similar to how a new tire is manufactured. Retread tires are the preferred method to replacing worn tires as they are safe, reliable, and cost less than new tires. Last year the Fleet Management Division purchased over 1,000 retread tires, ranging from $185 to $240 each. Whereas new tires range in cost from $600 to $700 each. BACKGROUND The Fleet Management Division is responsible for purchasing and maintaining tires for the City’s fleet of vehicles. A combination of new and retread commercial tires are utilized for maintenance and repair. Retread commercial truck tires are used tires (i.e., casings) which receive a new tread. The casings are first inspected to ensure they are in suitable condition, then worn tread is buffed away. A new tread is bonded to the casing in a manner similar to how a new tire is made. Tire retreading practices have improved to the point where retread tires perform similar to new tires. Retread tires are the preferred method to replacing worn tires as they are safe, reliable, and cost less than new tires. Moreover, Federal Executive Order 13149 mandates the use of retreads on government vehicles whenever possible. Last year the Fleet Management Division purchased over 1,000 retread tires, ranging from $185 to $240 each. Whereas new tires range in cost from $600 to $700 each. Establishing a competitively bid multi-year contract for the retread tires will keep prices stable and allow for consistent budgeting for the term of the contract. City of Fresno Printed on 3/3/2023Page 1 of 2 powered by Legistar™ 3-9-2023 AP/GB 5-0 MA, LC ABSENT APPROVED ON CONSENT File #:ID 23-371 Agenda Date:3/9/2023 Agenda #:1.-F. Competitive bids were solicited for retreading of commercial truck tires on July 18, 2022; three bids were received on August 9, 2022. The Goodyear Tire & Rubber Co. of Fresno, California, was determined to be the lowest responsive and responsible bidder with a bid price of $285,099.19. General Services is recommending a $50,000 contingency be included in the award to account for the expected growth in the municipal fleet and account for annual variations in tire replacements. Therefore, General Services recommends a total annual award value of $335,099.19. The Purchasing Division has approved this contract and recommends Council approve. Bids will expire on March 31, 2023. The City Attorney has approved the contract as to form. ENVIRONMENTAL FINDING 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 is applicable to this award and The Goodyear Tire & Rubber Co. is a local business pursuant to FMC 4- 108, however local preference was not implemented because the lowest bidder is a local business. FISCAL IMPACT No general funds will be used to purchase these items. The funding to cover the purchase cost of retreading of commercial truck tires has been included in General Services FY2022 adopted budget under the operations of the Fleet Management Division. Attachment: Bid Evaluation 9659 City of Fresno Printed on 3/3/2023Page 2 of 2 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-372 Agenda Date:3/9/2023 Agenda #: 1.-G. REPORT TO THE CITY COUNCIL FROM:JENNIFER CLARK, Director Planning & Development Department BY:SOPHIA PAGOULATOS, Planning Manager Planning & Development Department SUBJECT ***RESOLUTION - Authorizing and directing submission of an application for and acceptance of State of California Prohousing Incentive Pilot Program funds (Subject to Mayor’s veto) RECOMMENDATION Staff recommends approval of a resolution to authorize and direct submission of an application and acceptance of State of California Prohousing Incentive Pilot Program funds allowing the City to receive up to $2,500,000 for the City of Fresno Local Housing Trust Fund. EXECUTIVE SUMMARY The State of California Department of Housing and Community Development (HCD) created the Prohousing Incentive Pilot (PIP) Program to reward Prohousing Designated local governments with additional funding to accelerate affordable housing production and preservation. Among the eligible uses is a matching contribution to an established local housing trust fund. Funding is determined through a formula based on population, geographic region, and the prohousing designation score that is conferred by the Prohousing Designation application. The application is due March 15, 2023. BACKGROUND The Prohousing Incentive Pilot Program Guidelines and Notice of Funding Availability were released by HCD on December 15, 2022. The Program is designed to incentivize local governments to obtain Prohousing Designation. Funding is determined through a formula based on population, geographic region, and the score that is conferred by the Prohousing Designation application. Staff anticipates that the City of Fresno, through this formula, will be eligible for up to $2,500,000. The PIP application will request for this funding to be placed in the City of Fresno Local Housing Trust Fund (LHTF). The City of Fresno submitted its Prohousing Designation application on November 30, 2022. HCD completed its initial review on January 23, 2023, with requested revisions. Staff submitted an updated City of Fresno Printed on 3/3/2023Page 1 of 2 powered by Legistar™ 3-9-2023 AP/GB 5-0 LC, MA ABSENT R. 2023-050 ADOPTED APPROVED ON CONSENT File #:ID 23-372 Agenda Date:3/9/2023 Agenda #: 1.-G. application on February 16, 2023. The City must receive its designation, with a minimum score of 30 points, prior to March 30, 2023, to be eligible for the PIP Program. Currently, staff projects a score of 70 and anticipates designation from HCD prior to the deadline. The PIP application is due on March 15, 2023. ENVIRONMENTAL FINDINGS This approval is not a project for the purpose of CEQA Guidelines Section 15378. LOCAL PREFERENCE Local Preference is not applicable because of the use of state funding. FISCAL IMPACT There is no spending associated with this action. Attachment Exhibit A - Resolution City of Fresno Printed on 3/3/2023Page 2 of 2 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-259 Agenda Date:3/9/2023 Agenda #: 1.-H. REPORT TO THE CITY COUNCIL FROM:BROCK D. BUCHE PE, PLS, Director Public Utilities Department SCOTT L. MOZIER, PE, Director Public Works Department BY:WILLIAM C. HERR, Assistant Director Public Works Department, Construction Management Division BRAD OBERG, Senior Engineering Inspector Public Works Department, Construction Management Division SUBJECT Approve Contract Change Order No. 1 in the amount of $252,544.50 and extend the date of completion to April 11, 2023 for the Sewer Rehabilitation in the Area Bound by Blackstone, Maroa, McKinley, and Clinton Avenues Project ID RC00177 (Bid File 3836) (Council Districts 1 and 7). RECOMMENDATIONS Staff recommends that City Council approve Contract Change Order No. 1 with Emmett’s Excavation, Inc., for a total increase in Contract amount of $252,544.50 and thirty (30) additional working days. EXECUTIVE SUMMARY On April 21, 2022, a Contract was awarded in the amount of $1,578,078.00 to Emmett’s Excavation, Inc., for the Sewer Rehabilitation in the area bound by Blackstone, Maroa, McKinley and Clinton Avenues, utilizing the Cured In-place Pipe Process (CIPP). During the design engineer’s review of the CCTV video, significant sections of sewer main were found to be unsuitable for CIPP rehabilitation and requires replacement by traditional trenching methods. This contract change order covers the additional cost and contract time to complete the necessary work related to these unforeseen conditions. Sufficient funding is already in place for the additional work through the adopted capital improvement budget. BACKGROUND On April 21, 2022 a Contract was awarded in the amount of $1,578,078.00 to Emmetts Excavation, City of Fresno Printed on 3/3/2023Page 1 of 2 powered by Legistar™ 3-9-2023 AP/GB 4-1 NE RECUSED LC, MA ABSENT APPROVED ON CONSENT File #:ID 23-259 Agenda Date:3/9/2023 Agenda #: 1.-H. On April 21, 2022 a Contract was awarded in the amount of $1,578,078.00 to Emmetts Excavation, Inc., for the Sewer Rehabilitation in the area bound by Blackstone, Maroa, McKinley and Clinton Avenues. This project consists of closed-circuit television (CCTV) video inspection and cleaning of the existing mains prior to the trenchless insertion of a cured in-place pipe liner (CIPP) and manhole rehabilitations. During the design engineer’s review of the CCTV video significant sections of sewer main were found to be unsuitable for CIPP rehabilitation and requires replacement by traditional trenching methods. Contract Change Order No. 1 will increase the contract price by $252,544.50 and add thirty (30) additional working days to complete this unforeseen work. The new calculated contract completion date will be April 11, 2023. ENVIRONMENTAL FINDINGS Staff performed a preliminary environmental assessment for this Project and determined that it falls within Categorical Exemption pursuant to Class 1, Sections 15301(b)&(d) (Existing Facilities), and Class 2, Section 15302(c) (Replacement or Reconstruction), of the CEQA Guidelines because the Project involves restoration or rehabilitation of deteriorated or damaged structures, facilities, or mechanical equipment. Furthermore, none of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, Section 15300.2 apply to this Project. FISCAL IMPACT There is no impact to the General Fund. Funding for this 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 $2,243,100 for this Project are budgeted in the Fiscal Year 2023 Sewer Enterprise Fund 40501. Attachment: Contract Change Order No. 1 City of Fresno Printed on 3/3/2023Page 2 of 2 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-342 Agenda Date:3/9/2023 Agenda #:1.-I. REPORT TO THE CITY COUNCIL FROM:SCOTT L. MOZIER, PE, Director Public Works Department BY:ANDREW J. BENELLI, PE, City Engineer/Assistant Director Public Works Department, Traffic Operations and Planning Division ADRIAN GONZALEZ, Senior Engineering Technician Public Works Department, Traffic Operations and Planning Division SUBJECT RESOLUTION - Of Intention to Annex Final Tract Map No. 6338 as Annexation No. 140 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, April 20, 2023, at 10:00 am (Northeast corner of East Church Avenue and South Sunnyside Avenue) (Council District 5) RECOMMENDATION Adopt Resolution of Intention to Annex Final Tract Map No. 6338 to City of Fresno Community Facilities District No. 11 (CFD No. 11). EXECUTIVE SUMMARY The landowner (Lennar Homes) has petitioned the City of Fresno to have Final Tract Map No. 6338 (66 Lot Single-Family Home Subdivision) annexed to CFD No. 11 to provide funding for the Services (as hereafter defined) pertaining to certain required above ground public improvements associated with this subdivision. The cost for the Services for these improvements is $602.07 per lot annually for Fiscal Year 2022-2023. Final Tract Map No. 6338 is located entirely within City limits. The Resolution of Intention begins the process, sets the required public hearing for Thursday, April 20, 2023, at 10:00 am, and defines the steps required to complete the annexation. (See attached Location and Feature Maps.) BACKGROUND Subdivision: T-6338 Developer: Lennar Homes Number of Lots: 66 Maximum Special Tax Per Lot: $602.07 City of Fresno Printed on 3/3/2023Page 1 of 3 powered by Legistar™ 3-9-2023 LC/TM 5-0 AP, MA ABSENT R. 2023-051 ADOPTED File #:ID 23-342 Agenda Date:3/9/2023 Agenda #:1.-I. Features: Landscaping, concrete, and hardscaping On November 15, 2005, the Council of the City of Fresno adopted Council Resolution No. 2005-490 forming CFD No. 11 to fund public maintenance of landscaping, open spaces, local streets, local streetlights and street furniture, curbs, gutters, sidewalks, street trees and other public facilities and services as defined by the City of Fresno Special Tax Financing Law, Chapter 8, Division 1, Article 3 of the Fresno Municipal Code (City Law). The landowner has made a request to the City of Fresno to have Final Tract Map No. 6338 annexed to CFD No. 11 to provide the funding for the operation and reserves for maintenance (Services) pertaining to certain required above ground public improvements within the dedicated City public easements and Outlots; this includes the landscaping, trees and irrigation systems; concrete curbs, gutters, valley gutters, sidewalks and curb ramps, street name signage, street lighting, and local street paving associated with this subdivision. (See attached Location and Feature Maps.) Final Tract Map No. 6338 is not a phased map and is located entirely within City limits. The attached Resolution initiates the annexation process, sets the public hearing on this matter for Thursday, April 20, 2023, at 10:00 am, sets the Maximum Special Tax at $602.07 annually per residential lot for Fiscal Year 2022-2023 and sets the annual adjustment of the Special Tax to be adjusted upward annually by 2% or by the rise of the Construction Cost Index (CCI), if it exceeds 2% for the San Francisco Region. Annexations to existing community facilities districts are permitted under City Law. The legislative body must follow certain prescribed procedures as outlined below: ·Adoption of a Resolution of Intention to Annex to CFD No. 11 ·Required 7-day minimum Notice of Public Hearing ·Public hearing on Annexation and Levy of Special Tax ·Call a Special Mailed-Ballot Election on the proposed Special Tax ·Declare the Results of the Election ·Formal Adoption of Special Tax Levy (if election passes) The attached Resolution has been approved as to form by the City Attorney’s Office. ENVIRONMENTAL FINDINGS Pursuant to the definition in California Environmental Quality Act Guidelines Section 15378, this action is not a project. LOCAL PREFERENCE Local preference was not implemented, as this item does not include a bid or award of a construction or services contract. FISCAL IMPACT No City funds will be involved. All costs for services will be borne by the property owners within the City of Fresno Printed on 3/3/2023Page 2 of 3 powered by Legistar™ File #:ID 23-342 Agenda Date:3/9/2023 Agenda #:1.-I. No City funds will be involved. All costs for services will be borne by the property owners within the subject tract. Attachments: Location Map Feature Map Resolution of Intention City of Fresno Printed on 3/3/2023Page 3 of 3 powered by Legistar™ BARSTOW GARFIELDBRYANPOLKBLYTHEVALENTINEVAN NESSFRUITSIERRA GETTYSBURG DAKOTA CLINTON OLIVE NIELSON KEARNEY ANNADALE INTERNATIONAL PERRIN TEAGUE ALLUVIALMAROAFRESNOMILLBROOKMAPLEWILLOW SUNNYSIDEARMSTRONGMAPLEORANGECHERRYFIGCHURCH BUTLER TULARE LOCANDAKOTA CLINTON OLIVE FRUITHUGHESVALENTINEBLYTHEPOLKBRYANHAMILTON MINNEWAWAWILLOWN TRAFFIC OPERATIONS AND PLANNING DIVISION Final Tract Map No. 6338 COUNCIL DISTRICT 5 SOUTH CLAREMONT AVENUE3 2 14 6 11 9 12 8 13 7 16 15 4 5 17 10 33 26 29 25 30 24 31 23 32 22 36 21 34 20 35 19 37 18 27 28 63 64 6559 60 61 62 66 58 54 55 56 57 41 50 44 47 43 48 42 49 39 52 40 51 38 53 46 45 1 EAST CHURCH AVENUESOUTH SUNNYSIDE AVENUESOUTH PURDUE AVENUESOUTH FORDHAM AVENUEEAST ALEXANDER AVENUE EAST MCMURRAY AVENUE EAST TOWER AVENUESOUTH PURDUE AVENUEOUTLOT COUTLOT EOUTLOT D OUTLOT AOUTLOT BFINAL TRACT MAP NO. 6338 BUFFERS/PARKWAYS/MEDIAN TREES & SHRUBS = 29,582 SF FEATURES TO BE ADDED BY ANNEXATION NO. 140 COMMUNITY FACILITIES DISTRICT NO. 11 TRAFFIC OPERATIONS AND PLANNING DIVISION N STREET LIGHTS: LOCAL STREET PAVEMENT: CONCRETE IMPROVEMENTS: LANDSCAPE AND IRRIGATION: INTERIOR RESIDENTIAL = 114,678 SF TOTAL = 33 EACH CURB & GUTTER = 8,611 LF VALLEY GUTTER = 3,151 SF SIDEWALK & CURB RAMPS = 38,861 SF LARGE TREES = 61 EA SMALL TREES = 52 EA MEDIAN CURB = 175 SF MEDIAN EDGE = 174 SF TRAIL LIGHTS: TOTAL = 7 EACH BlackstoneNees Herndon Bullard Shaw Ashlan Shields McKinley Belmont Whites Bridge Alluvial Sierra Barstow Gettysburg Dakota Clinton Olive GarfieldBryanGrantlandChateau FresnoHayesPolkCorneliaBlytheBrawleyValentineMarksVan NessWestFruitPalmFresnoFirstMillbrookCedarMapleChestnutWillowPeachAshlan Dakota Shields Clinton McKinley Olive Belmont Tulare Butler California Church Jensen Annadale North Kings CanyonMaroaInternational Copper Behymer Shepherd Nees Herndon Bullard Shaw Gettysburg Teague Alluvial Sierra Barstow Perrin ClovisSunnysideFowlerArmstrongTemperanceLocanClovisFowlerTemperanceSunnysideLocanArmstrongChestnutPeachWillowMinnewawaMalaga American CedarOrangeMapleElmEastFigCherryMarksWestWalnutHughesFruitGrantlandHayesCorneliaBryanPolkBrawleyValentineBlytheKearney Muscat North Annadale Muscat Central California Jensen Church Central Nielsen ·|}þ41 CITY OF FRESNOMAINTENANCECFD11 ANNEXATION ·|}þ41 ·|}þ180 ·|}þ168 ·|}þ99 ·|}þ99 ·|}þ180 Legend State Routes Rail Road Street Centerline CFD11 City Boundary Limits µ Exhibit A Date: 3/13/2015 EAST CHURCH AVENUESOUTH SUNNDYSIDE AVENUEFINAL TRA C T MAP NO. 6 3 3 8 CITY OF FRESNO - Public Works Department ANNEXATION MAP NO. 140 OF COMMUNITY FACILITIES DISTRICT NO. 11 OF THE CITY OF FRESNO, FRESNO COUNTY, CALIFORNIA CFD11 140 A1 1-P-1481 REFERENCE: BOUNDARY MAP OF CITY OF FRESNO COMMUNITY FACILITIES DISTRICT NO. 11, RECORDED NOVEMBER 8, 2005 AT BOOK 41, PAGE 61 OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS IN THE OFFICE OF THE RECORDER IN THE COUNTY OF FRESNO, STATE OF CALIFORNIA DOC. FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF FRESNO THIS DAY OF , 2023. ATTEST: TODD STERMER, CMC CITY CLERK OF THE CITY OF FRESNO BY: DEPUTY I HEREBY CERTIFY THAT THE ANNEXATION MAP NO. 140 OF THE COMMUNITY FACILITIES DISTRICT NO. 11, CITY OF FRESNO, COUNTY OF FRESNO, STATE OF CALIFORNIA WAS ADOPTED BY THE COUNCIL OF THE CITY OF FRESNO BY RESOLUTION NO. 2023- ON , 2023. ATTEST: TODD STERMER, CMC CITY CLERK OF THE CITY OF FRESNO BY: DEPUTY THIS ANNEXATION MAP NO. 140 OF THE CITY OF FRESNO COMMUNITY FACILITIES DISTRICT NO. 11, WAS FILED THIS DAY OF , 2023 AT THE HOUR OF O'CLOCK M AT BOOK 46, PAGE OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS IN THE OFFICE OF THE COUNTY RECORDER IN THE COUNTY OF FRESNO, STATE OF CALIFORNIA PAUL DICTOS, C.P.A. COUNTY RECORDER OF THE COUNTY OF FRESNO BY: NTERRITORY TO BE ANNEXED TO THE CITY CFD NO. 11 BOUNDARY LINE OF NEW TERRITORY NOTE: FOR PARCEL DIMENSIONS, SEE ASSESSOR'S MAP BOOK PAGES EXEMPT FROM SB2 FEES PER GOVERNMENT CODE SECTION 27388.1(a)(2)(D) EXHIBIT B EXHIBIT C C-1 CITY OF FRESNO Community Facilities District No. 11 Annexation No. 140 Description of Services to be Financed by Community Facilities District No. 11 for Annexation No. 140 (Final Tract Map No. 6338) The operations and reserves for the maintenance of certain required improvements (Services) that are to be financed by Community Facilities District No. 11 (CFD No. 11) for Final Tract Map No. 6338, Annexation No. 140 are generally as described below. The Services will include all costs (including reserves for replacement) attributable to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas and trees in public street rights-of-way, public landscape easements, public open spaces and other similar landscaped areas officially dedicated for public use. General maintenance will include, without limitation, repairing and replacing irrigation systems as necessary; staking, pruning, replacing and spraying of trees and shrubs; removing litter, debris, and garbage. Services shall include all costs attributable to cleaning, maintaining, servicing, repairing and/or replacing all ground level infrastructure (including reserves for replacement) within dedicated public easements and outlots. Such facilities include, without limitation, concrete curbs, gutters, valley gutters, curb ramps and sidewalks, street name signage , street lighting, and local street paving associated with this subdivision. Services shall include all costs attributable to street lighting services. Maintenance costs will include a proportionate share of all other expenses that the City of Fresno (City) may incur in administering CFD No. 11. All Services shall be provided by the City, with its own forces or by contract with third parties, or any combination thereof, to be determined entirely by the City. Nothing in this exhibit or any other exhibit or provision of this Resolution shall be construed as committing the City or CFD No. 11 to provide all of the authorized Services or to provide for the payment of or reimbursement for all of the authorized incidental expenses. The provision of Services and/or payment or reimbursement of incidental expenses shall be subject to the successful annexation of Annexation No. 140 to CFD No. 11 and the availability of sufficient proceeds of Special Taxes within CFD No. 11. EXHIBIT C C-2 CITY OF FRESNO Community Facilities District No. 11 Formation Description of Services currently financed by Community Facilities District No. 11 The services that are to be financed (Services) by Community Facilities District No. 11 (CFD No. 11)are any and all Services defined by City of Fresno Speci al Tax Financing Law (Chapter 8, Division 1, Article 3 of the Fresno Municipal Code) and the Mello-Roos Community Facilities Act of 1982 (Chapter 2.5 commencing with Section 53311 , of Part 1, Division 2, Title 5 of the California Government Code.) I.Services may include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing all facilities, including hardscaping, in landscaped areas (may include reserves for replacement) in public street rights-of-way, public landscape easements, public trail areas, parkways, and other similar landscaped areas officially dedicated for public use. II.General maintenance will include, without limitation, mowing, edging, fertilizing, seeding, aerating, and watering grass areas; repairing and replacing irrigation systems as necessary; staking, pruning, replacing and spraying of trees and shrubs; repairing and replacing paths, walkways and trails; removing litter, debris, and garbage. II.Services may include all costs attributable to cleaning, maintaining, servicing, repairing and/or replacing all local ground level street infrastructure (may include reserves for replacement) within local street rights-of-way. Such facilities may include, without limitation, street paving, curbs and gutters, sidewalks, street lighting, hydrants, inlets, street trees and street furniture. III.Services may include costs attributable to police, fire, traffic control, street lighting and recreational services. Maintenance costs will also include a proportionate share of all other expenses that the City of Fresno (City) may incur in administering the CFD No. 11. All Services shall be provided by the City, with its own forces or by contract with third parties, or any combination thereof, to be determined entirely by the City. Nothing in this exhibit or any other exhibit or provision of this resolution shall be construed as committing the City or CFD No. 11 to provide all of the authorized Services or to provide for the payment of or reimbursement for all of the authorized incidental expenses. The provision of Services and/or payment or reimbursement of incidental expenses shall be subject to the continued existence of CFD No. 11 and the availability of sufficient proceeds of special taxes within the CFD No. 11. EXHIBIT D D-1 CITY OF FRESNO Community Facilities District No. 11 Annexation No. 140 Rate and Method of Apportionment of Special Tax Cost Estimate The estimate breaks down the costs of providing 1 year ’s service for FY 2022-2023 for Final Tract Map No. 6338. ITEM DESCRIPTION ESTIMATED COST 1 Landscape Operational Costs $16,862.00 2 Other Operational Costs $885.00 3 Reserve for Replacement $20,999.00 4 Incidental Expenses $990.00 Total $39,736.00 Subdivision Appropriation Limit FINAL TRACT MAP NO. MAX. SPECIAL TAX PER RESIDENTIAL UNIT TOTAL TAXABLE UNITS APPROPRIATION LIMIT SUBDIVIDER 6338 $602.07 66 $500,000.00 Lennar Homes of California, LLC City of Fresno EXHIBIT D D-2 Community Facilities District No. 11 Annexation No. 140 Rate and Method of Apportionment of Special Tax A Special Tax applicable to each assessor’s parcel in Community Facilities District No. 11 (CFD No. 11) shall be levied and collected according to the tax liability determined by the City Council of the City of Fresno, through the application of the appropriate amount or rate for taxable property, as described below. All of the property in CFD No. 11, unless exempted by law or by the provisions of Section E below, shall be taxed for the purposes, to the extent, and in the manner herein provided, including property su bsequently annexed to CFD No. 11 unless a separate Rate and Method of Apportionment of Special Tax is adopted for the annexation area. A.DEFINITIONS The terms hereinafter set forth have the following meanings: “Assessor’s Parcel” or “Parcel” means a lot or parcel shown on an assessor’s parcel map with an assigned assessor’s parcel number. “Assessor’s Parcel Map” means an official map of the County Assessor of the County of Fresno designating parcels by assessor’s parcel number. “City” means the City of Fresno. “City Law” means the City of Fresno Special Tax Financing Law, Chapter 8, Division 1, Article 3, of the Fresno Municipal Code. “Council” means the City Council of the City of Fresno, acting as the legislative body of CFD No. 11. “Developable Lot” means a lot that is anticipated development of residential or non - residential uses, and which is not an outlot, remainder parcel or other parcel which is not intended to be developed or which must be further subdivided before being developed. “Excluded Parcels” means those assessor’s parcels identified as ineligible for inclusion in CFD No. 11 as shown in “Attachment 1” of this Rate and Method of Apportionment of Special Tax. “Final Map” means a final map, or portion thereof, approved by the Council of the City of Fresno pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) that creates individual developable lots for which building permits may be issued. The term “Final Map” shall not include any assessor’s parcel map or subdivision map or portion thereof that does not create individual developable lots for which a building permit may be issued, including assessor’s parcels that are designated as remainder parcels. EXHIBIT D D-3 “Fiscal Year” means the period starting April 1 and ending on the following March 31. “Maximum Special Tax” means the maximum special tax, determined in accordance with Section C, which can be levied in any Fiscal Year. “Proportionately” means, in any fiscal year, that the ratio of the actual Special Tax to the Maximum Special Tax is equal for all assessor’s parcels in CFD No. 11. “Public Property” means any property within the boundaries of CFD No. 11 that is owned by the federal government, the State of California or other local governments or public agencies. “Reserve for Replacement” means a reasonable reserve pursuant to Fresno Municipal Code 8-1-303(e) (4), as a service cost or expense and not as payment for public facilities under Government Code Section 53321(d). “Residential Unit” means a residential dwelling unit and shall include single-family unattached homes, condominiums, town homes, duplex, triplex and fourplex units, and individual apartment units in a multi-family building. For purposes of the levy of special taxes pursuant to Section C below, “Residential Units” shall include dwelling units already built on taxable property in CFD No. 11, as well as dwelling units planned, but not yet built, when the special tax is levied each fiscal year. “Shared Services” means the costs of services are paid equally by the property owners of two or more subdivisions. “Special Tax” means any special tax to be levied each fiscal year on assessor’s parcels of taxable property to fund the Special Tax Requirement as defined below. “Special Tax Requirement” means the amount necessary in any fiscal year to (i) pay authorized maintenance and improvement expenses, (ii) pay administrative expenses of CFD No. 11, and (iii) cure any delinquencies in the payment of special taxes levied in prior fiscal years or (based on delinquencies in the payment of special taxes which have already taken place) are expected to occur in the fiscal year in which the tax will be collected. “Subdivision” means the division, by any subdivider, of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease, or financing whether immediate or future. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easement or railroad rights -of-way. “Subdivision” includes a condominium project, as defined in Section 4125 of the Civil Code, a community apartment project, as defined in Section 4105 of the Civil Code. EXHIBIT D D-4 “Taxable Property” means all of the assessor’s parcels within the boundaries of CFD No. 11 which are not exempt from the special tax pursuant to law or Section E below. B.CALCULATION OF RESIDENTIAL UNITS On April 1 of each fiscal year, the City of Fresno (City) or its designee shall determine how many residential units are built, or allowed to be built, on assessor’s parcels within CFD No. 11. For parcels of undeveloped property zoned for development of single-family units attached, the number of residential units shall be determined by referencing the condominium plan, apartment plan site plan or other development plan, or by assigning the maximum allowable units permitted based on the underlying zoning for the parcel. Once a single-family attached building or buildings have been built on an assessor’s parcel, the City or its designee shall determine the actual number of residential units contained within the building or buildings, and the special tax levied against the parcel in the next fiscal year shall be calculated by dividing the Special Tax Requirement by the actual number of residential units not to exceed the Maximum Special Tax per residential unit identified for the final map in Section C, Table 1 below. C.MAXIMUM SPECIAL TAX The Maximum Special Tax (MST) applicable to each assessor’s parcel in CFD No. 11 shall be specific to each final map within CFD No. 11. When additional property is annexed to CFD No. 11, the rate and method adopted for the annexed property shall reflect the MST for the final map or final maps then annexed. The Maximum Special Tax for Fiscal Year 2022-2023 for a residential unit within Final Tract Map No. 6338 is identified in Table 1 below: Table 1 Maximum Special Tax (Fiscal Year 2022-2023)* Final Tract Map Number** Maximum Special Tax 6338 $602.07 per Residential Unit *Beginning in January of each year, the MST will be adjusted upward annually by 2% or by the rise of the Construction Cost Index (CCI), if it exceeds 2%, for the San Francisco Region for the prior 12-month period (December through December) as published in the Engineering News Record, or published in a comparable index if the Engineering News Record is discontinued or otherwise not available. Each annual adjustment of the MST shall become effective on the subsequent July 1. ** A Special Tax shall be levied on all parcels within an identified final map except excluded parcels as identified in Attachment 1. EXHIBIT D D-5 D.METHOD OF LEVY AND COLLECTION OF THE SPECIAL TAX Commencing with Fiscal Year 2022-2023, the Special Tax shall be levied on all taxable parcels as follows: Step 1: Determine the Special Tax Requirement (as defined in Section A above) for the fiscal year in which the Special Tax will be collected; Step 2: Calculate the total special tax revenues that could be collected from taxable property within CFD No. 11 based on applying the Maximum Special Tax rates determined pursuant to Section C above to the number of residential units on each parcel of taxable property in CFD No. 11; If the amount determined in Step 1 is greater than or equal to the amount calculated in Step 2, levy the Maximum Special Tax set forth in Table 1 above on all parcels of taxable property in CFD No. 11; If the amount determined in Step 1 is less than the amount calculated in Step 2, levy the Special Tax proportionately against all parcels of taxable property up to 100% of the Maximum Special Tax for each subdivision as identified in Table 1, until the amount of the Special Tax levy equals the Special Tax Requirement for that fiscal year. The Special Tax for CFD No. 11 shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 11 may (under the authority of Government Code 53340), in any particular case, bill the taxes directly to the property owner off of the County of Fresno tax roll, and the Special Taxes will be equally subject to penalties and foreclosure if delinquent. E.EXEMPTIONS Notwithstanding any other provision of this Rate and Method of Apportionment of Special Tax, no Special Tax shall be levied on parcels that have been conveyed to a public agency, except as otherwise provided in City Law, and properties receiving a welfare exemption under subdivision (g) of Section 214 of the Revenue and Taxation Code. In addition, no Special Tax shall be levied on excluded parcels or parcels that are determined not to be developable lots. EXHIBIT D D-6 ATTACHMENT 1 City of Fresno Community Facilities District No. 11 Annexation No. 140 Excluded Parcels THERE ARE NO EXCLUDED PARCELS IN FINAL TRACT MAP NO. 6338 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-344 Agenda Date:3/9/2023 Agenda #:1.-J. REPORT TO THE CITY COUNCIL FROM:SCOTT L. MOZIER, PE, Director Public Works Department BY:ANDREW J. BENELLI, PE, City Engineer/Assistant Director Public Works Department, Traffic Operations and Planning Division ADRIAN GONZALEZ, Senior Engineering Technician Public Works Department, Traffic Operations and Planning Division SUBJECT RESOLUTION - Of Intention to Annex Final Tract Map No. 6212 and Parc West Drive as Annexation No. 141 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, April 20, 2023, at 10:05 am (Southwest corner of North Parc West Drive and North Grantland Avenue) (Council District 1) RECOMMENDATION Adopt Resolution of Intention to Annex Final Tract Map No. 6212 and Parc West Drive to City of Fresno Community Facilities District No. 11 (CFD No. 11). EXECUTIVE SUMMARY The landowner (Lennar Homes) has petitioned the City of Fresno to have Final Tract Map No. 6212 (84 Lot Single-Family Home Subdivision) and Parc West Drive annexed to CFD No. 11 to provide funding for the Services (as hereafter defined) pertaining to certain required above ground public improvements associated with this subdivision. The cost for the Services for these improvements is $721.49 per lot for Final Tract Map No. 6212 annually for Fiscal Year 2022-2023. Final Tract Map No. 6212 and Parc West Drive are located entirely within City limits. The Resolution of Intention begins the process, sets the required public hearing for Thursday, April 20, 2023 at 10:05 am, and defines the steps required to complete the annexation. (See attached Location and Feature Maps.) BACKGROUND Subdivision: 6212 Developer: Lennar Homes Number of Lots: 84 Maximum Special Tax Per Lot: $721.49 City of Fresno Printed on 3/3/2023Page 1 of 3 powered by Legistar™ 3-9-2023 AP/GB 5-0 LC, MA ABSENT R. 2023-052 APPROVED ON CONSENT File #:ID 23-344 Agenda Date:3/9/2023 Agenda #:1.-J. Features: Landscaping, concrete, and hardscaping On November 15, 2005, the Council of the City of Fresno adopted Council Resolution No. 2005-490 forming CFD No. 11 to fund public maintenance of landscaping, open spaces, local streets, local street lights and street furniture, curbs, gutters, sidewalks, street trees and other public facilities and services as defined by the City of Fresno Special Tax Financing Law, Chapter 8, Division 1, Article 3 of the Fresno Municipal Code (City Law). The landowner has made a request to the City of Fresno to have Final Tract Map No. 6212 and Parc West Drive annexed to CFD No. 11 to provide the funding for the operation and reserves for maintenance (Services) pertaining to certain required above ground public improvements within the dedicated City public easements and Outlots; this includes the landscaping, trees and irrigation systems; concrete curbs, gutters, valley gutters, major street median capping and maintenance band, sidewalks and curb ramps, street name signage, street lighting, and local street paving associated with this subdivision. (See attached Location and Feature Maps.) Final Tract Map No. 6212 is not a phased map and is located entirely within City limits. Parc West Drive is a phased development and is located entirely within City limits. The attached Resolution initiates the annexation process, sets the public hearing on this matter for Thursday, April 20, 2023 at 10:05 am, sets the Maximum Special Tax at $721.49 annually per residential lot for Fiscal Year 2022-2023 and sets the annual adjustment of the Special Tax to be adjusted upward annually by 2% or by the rise of the Construction Cost Index (CCI), if it exceeds 2% for the San Francisco Region. Annexations to existing community facilities districts are permitted under City Law. The legislative body must follow certain prescribed procedures as outlined below: ·Adoption of a Resolution of Intention to Annex to CFD No. 11 ·Required 7-day minimum Notice of Public Hearing ·Public hearing on Annexation and Levy of Special Tax ·Call a Special Mailed-Ballot Election on the proposed Special Tax ·Declare the Results of the Election ·Formal Adoption of Special Tax Levy (if election passes) The attached Resolution has been approved as to form by the City Attorney’s Office. ENVIRONMENTAL FINDINGS Pursuant to the definition in California Environmental Quality Act Guidelines Section 15378, this action is not a project. LOCAL PREFERENCE Local preference was not implemented, as this item does not include a bid or award of a construction or services contract. City of Fresno Printed on 3/3/2023Page 2 of 3 powered by Legistar™ File #:ID 23-344 Agenda Date:3/9/2023 Agenda #:1.-J. FISCAL IMPACT No City funds will be involved. All costs for services will be borne by the property owners within the subject tract. Attachments: Location Map Feature Map Resolution of Intention City of Fresno Printed on 3/3/2023Page 3 of 3 powered by Legistar™ BARSTOW GARFIELDBRYANPOLKBLYTHEVALENTINEVAN NESSFRUITSIERRA ALLUVIAL GETTYSBURG DAKOTA CLINTON OLIVE NIELSON KEARNEY ANNADALE INTERNATIONAL PERRIN TEAGUE ALLUVIALMAROAFRESNOMILLBROOKMAPLEWILLOW MINNEWAWASUNNYSIDEARMSTRONGMAPLEORANGECHERRYFIGCHURCH BUTLER TULARE LOCANDAKOTA CLINTON OLIVE FRUITHUGHESVALENTINEBLYTHEPOLKBRYANN TRAFFIC OPERATIONS AND PLANNING DIVISION FINAL TRACT MAP NO. 6212 DISTRICT 1 ANNEXATION NO. 141 COMMUNITY FACILITIES DISTRICT NO. 11 WEST WILLIS AVENUE WEST SWIFT AVENUE NORTH MARUYAMA AVENUEWEST HOLLAND AVENUE WEST ASHCRO F T A V E N U E NORTH PARC WE S T D R I V E OUTLOT B OUTLOT C 21 33 32 22 31 30 29 28 27 26 25 24 23 20 19 18 17 16 15 OUTLOT A 14 13 12 11 10 9 7 6 8 5 4 3 2 1 34 53 52 51 50 49 48 47 46 45 44 433536373839404142 70 69 68 67 66 65 64 63 55 56 54 57 58 59 60 61 62 71 72 73 84 82 83 81 74 80 79 78 75 76 77 NORTH GRANTLAND AVENUEFINAL TRACT MAP NO. 6212 BUFFERS/PARKWAYS/MEDIAN TREES & SHRUBS = 3,269 SF FEATURES TO BE ADDED BY ANNEXATION NO. 141 COMMUNITY FACILITIES DISTRICT NO. 11 TRAFFIC OPERATIONS AND PLANNING DIVISION N STREET LIGHTS: LOCAL STREET PAVEMENT: CONCRETE IMPROVEMENTS: LANDSCAPE AND IRRIGATION: TOTAL = 19 EACH CURB & GUTTER = 5,318 LF VALLEY GUTTER = 1,077 SF SIDEWALK & CURB RAMPS = 31,649 SF LARGE TREES = 3 EA SMALL TREES = 8 EA ASPHALT = 88,713 SF MEDIAN CURB = 241 LF PARC WEST DRIVE BUFFERS/PARKWAYS/MEDIAN TREES & SHRUBS = 275,416 SF FEATURES TO BE ADDED BY ANNEXATION NO. 141 COMMUNITY FACILITIES DISTRICT NO. 11 TRAFFIC OPERATIONS AND PLANNING DIVISION N STREET/TRAIL LIGHTS:LOCAL STREET PAVEMENT:CONCRETE IMPROVEMENTS: LANDSCAPE AND IRRIGATION: TOTAL = 76 EACHCURB & GUTTER = 10,078 LF VALLEY GUTTER = 5,800 SF SIDEWALK & CURB RAMPS = 36,220 SF LARGE TREES = 246 EA SMALL TREES = 539 EA OUTLOT HARDSCAPE AND AMENITIES: *CONCRETE WALKS & PADS = 22,780 SF *SAFETY SURFACE = 4,456 SF *PLAY STRUCTURE = 2 EACH *SHADE STRUCTURE = 1 SET *PICNIC TABLES = 10 EACH *BENCHES = 14 EACH *TRASH RECEPTACLE = 11 EACH *DOG EXERCISE STATION = 1 EACH TURF & BEDS GROUND COVER = 20,616 SF TRAIL = 99,266 SF STAMPED CONCRETE = 9,975 SF MEDIAN CURB = 9,375 SF PALM TREES = 32 EA *BIKE RACK = 3 EACH *DRINKING FOUNTAIN = 3 EACH *SOCCER GOALS = 1 SET *BASKETBALL GOAL= 1 EACH *MUSICAL INSTRUMENTS = 1 SET *EXERCISE EQUIPMENT = 1 SET *FUN BALL POLE = 1 EACH *CHAIN LINK FENCING = 965 LF BlackstoneNees Herndon Bullard Shaw Ashlan Shields McKinley Belmont Whites Bridge Alluvial Sierra Barstow Gettysburg Dakota Clinton Olive GarfieldBryanGrantlandChateau FresnoHayesPolkCorneliaBlytheBrawleyValentineMarksVan NessWestFruitPalmFresnoFirstMillbrookCedarMapleChestnutWillowPeachAshlan Dakota Shields Clinton McKinley Olive Belmont Tulare Butler California Church Jensen Annadale North Kings CanyonMaroaInternational Copper Behymer Shepherd Nees Herndon Bullard Shaw Gettysburg Teague Alluvial Sierra Barstow Perrin ClovisSunnysideFowlerArmstrongTemperanceLocanClovisFowlerTemperanceSunnysideLocanArmstrongChestnutPeachWillowMinnewawaMalaga American CedarOrangeMapleElmEastFigCherryMarksWestWalnutHughesFruitGrantlandHayesCorneliaBryanPolkBrawleyValentineBlytheKearney Muscat North Annadale Muscat Central California Jensen Church Central Nielsen ·|}þ41 CITY OF FRESNOMAINTENANCECFD11 ANNEXATION ·|}þ41 ·|}þ180 ·|}þ168 ·|}þ99 ·|}þ99 ·|}þ180 Legend State Routes Rail Road Street Centerline CFD11 City Boundary Limits µ Exhibit A Date: 3/13/2015 21 33 32 22 31 30 29 28 27 26 25 24 23 20 19 18 17 16 15 OUTLOT A 14 13 12 11 10 9 7 6 8 54321 34 53 52 51 50 49 48 47 46 45 44 433536 37 38 39 40 41 42 70 69 68 67 66 65 64 63 55 56 54 57 58 59 60 61 62 71 72 73 84 8283 81 74 80 79 78 75 76 77 FINAL TRAC T MAP NO. 621 2 CITY OF FRESNO - Public Works Department ANNEXATION MAP NO. 141 OF COMMUNITY FACILITIES DISTRICT NO. 11 OF THE CITY OF FRESNO, FRESNO COUNTY, CALIFORNIA CFD11 141 A1 1-P-1480 REFERENCE: BOUNDARY MAP OF CITY OF FRESNO COMMUNITY FACILITIES DISTRICT NO. 11, RECORDED NOVEMBER 8, 2005 AT BOOK 41, PAGE 61 OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS IN THE OFFICE OF THE RECORDER IN THE COUNTY OF FRESNO, STATE OF CALIFORNIA DOC. FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF FRESNO THIS DAY OF , 2023. ATTEST: TODD STERMER, CMC CITY CLERK OF THE CITY OF FRESNO BY: DEPUTY I HEREBY CERTIFY THAT THE ANNEXATION MAP NO. 141 OF THE COMMUNITY FACILITIES DISTRICT NO. 11, CITY OF FRESNO, COUNTY OF FRESNO, STATE OF CALIFORNIA WAS ADOPTED BY THE COUNCIL OF THE CITY OF FRESNO BY RESOLUTION NO. 2023- ON , 2023. ATTEST: TODD STERMER, CMC CITY CLERK OF THE CITY OF FRESNO BY: DEPUTY THIS ANNEXATION MAP NO. 141 OF THE CITY OF FRESNO COMMUNITY FACILITIES DISTRICT NO. 11, WAS FILED THIS DAY OF , 2023 AT THE HOUR OF O'CLOCK M AT BOOK 46, PAGE OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS IN THE OFFICE OF THE COUNTY RECORDER IN THE COUNTY OF FRESNO, STATE OF CALIFORNIA PAUL DICTOS, C.P.A. COUNTY RECORDER OF THE COUNTY OF FRESNO BY: NTERRITORY TO BE ANNEXED TO THE CITY CFD NO. 11 BOUNDARY LINE OF NEW TERRITORY NOTE: FOR PARCEL DIMENSIONS, SEE ASSESSOR'S MAP BOOK PAGES EXEMPT FROM SB2 FEES PER GOVERNMENT CODE SECTION 27388.1(a)(2)(D) EXHIBIT B EXHIBIT C C-1 CITY OF FRESNO Community Facilities District No. 11 Annexation No. 141 Description of Services to be Financed by Community Facilities District No. 11 for Annexation No. 141 (Final Tract Map No. 6212) The operations and reserves for the maintenance of certain required improvements (Services) that are to be financed by Community Facilities District No. 11 (CFD No. 11) for Final Tract Map No. 6212, Annexation No. 141 are generally as described below. The Services will include all costs (including reserves for replacement) attributable to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas and trees in public street rights-of-way, public landscape easements, public open spaces and other similar landscaped areas officially dedicated for public use. General maintenance will include, without limitation, repairing and replacing irrigation systems as necessary; staking, pruning, replacing and spraying of trees and shrubs; removing litt er, debris, and garbage. Services shall include all costs attributable to cleaning, maintaining, servicing, repairing and/or replacing all ground level infrastructure (including reserves for replacement) within dedicated public easements and outlots. Such facilities include, without limitation, concrete curbs, gutters, entrance median curbs and hardscaping, valley gutters, curb ramps and sidewalks, street name signage, street lighting, and local street paving associated with this subdivision. Services shall include all costs attributable to street lighting services. Maintenance costs will include a proportionate share of all other expenses that the City of Fresno (City) may incur in administering CFD No. 11. All Services shall be provided by the City, with its own forces or by contract with third parties, or any combination thereof, to be determined entirely by the City. Nothing in this exhibit or any other exhibit or provision of this Resolution shall be construed as committing the City or CFD No. 11 to provide all of the authorized Services or to provide for the payment of or reimbursement for all of the authorized incidental expenses. The provision of Services and/or payment or reimbursement of incidental expenses shall be subject to the successful annexation of Annexation No. 141 to CFD No. 11 and the availability of sufficient proceeds of Special Taxes within CFD No. 11. EXHIBIT C C-2 CITY OF FRESNO Community Facilities District No. 11 Annexation No. 141 Description of Services to be Financed by Community Facilities District No. 11 for Annexation No. 141 (Parc West Drive) The operations and reserves for the maintenance of certain required improvements (Services) that are to be financed by Community Facilities District No. 11 (CFD No. 11) for Parc West Drive, Annexation No. 141 are generally as described below. The Services will include all costs (including reserves for replacement) attributable to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas and trees in public street rights-of-way, public landscape easements, public open spaces and other similar landscaped areas officially dedicated for public use. General maintenance will include, without limitation, mowing, edging, fertilizing, aerating and watering grass areas, repairing and replacing irrigation systems as necessary; staking, pruning, replacing and spraying of trees and shrubs; removing litter, debris, and garbage. Services shall include all costs attributable to cleaning, maintaining, servicing, repairing and/or replacing all ground level infrastructure (including reserves for replacement) within dedicated public easements and outlots. Such facilities include, without limitation, concrete curbs, gu tters, major street median hardscaping, entrance median curbs and hardscaping, valley gutters, curb ramps and sidewalks, street name signage, and street lighting. Such facilities may also include, without limitation, all hardscaping and park amenities and structures associated with the subdivision. Services shall include all costs attributable to street lighting services. Maintenance costs will include a proportionate share of all other expenses that the City of Fresno (City) may incur in administering CFD No. 11. All Services shall be provided by the City, with its own forces or by contract with third parties, or any combination thereof, to be determined entirely by the City. Nothing in this exhibit or any other exhibit or provision of this Resolution s hall be construed as committing the City or CFD No. 11 to provide all of the authorized Services or to provide for the payment of or reimbursement for all of the authorized incidental expenses. The provision of Services and/or payment or reimbursement of incidental expenses shall be subject to the successful annexation of Annexation No. 141 to CFD No. 11 and the availability of sufficient proceeds of Special Taxes within CFD No. 11. EXHIBIT C C-3 CITY OF FRESNO Community Facilities District No. 11 Formation Description of Services currently financed by Community Facilities District No. 11 The services that are to be financed (Services) by Community Facilities District No. 11 (CFD No. 11)are any and all Services defined by City of Fresno Special Tax Financing Law (Chapter 8, Division 1, Article 3 of the Fresno Municipal Code) and the Mello-Roos Community Facilities Act of 1982 (Chapter 2.5 commencing with Section 53311 , of Part 1, Division 2, Title 5 of the California Government Code.) I.Services may include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing all facilities, including hardscaping, in landscaped areas (may include reserves for replacement) in public street rights-of-way, public landscape easements, public trail areas, parkways, and other similar landscaped areas officially dedicated for public use. II.General maintenance will include, without limitation, mowing, edging, fertilizing, seeding, aerating, and watering grass areas; repairing and replacing irrigation systems as necessary; staking, pruning, replacing and spraying of trees and shrubs; repairing and replacing paths, walkways and trails; removing litter, debris, and garbage. II.Services may include all costs attributable to cleaning, maintaining, servicing, repairing and/or replacing all local ground level street infrastructure (may include reserves for replacement) within local street rights-of-way. Such facilities may include, without limitation, street paving, curbs and gutters, sidewalks, street lighting, hydrants, inlets, street trees and street furniture. III.Services may include costs attributable to police, fire, traffic control, street lighting and recreational services. Maintenance costs will also include a proportionate share of all other expenses that the City of Fresno (City) may incur in administering the CFD No. 11. All Services shall be provided by the City, with its own forces or by contract with third parties, or any combination thereof, to be determined entirely by the City. Nothing in this exhibit or any other exhibit or provision of this resolution shall be construed as committing the City or CFD No. 11 to provide all of the authorized Services or to provide for the payment of or reimbursement for all of the authorized incidental expenses. The provision of Services and/or payment or reimbursement of incidental expenses shall be subject to the continued existence of CFD No. 11 and the availability of sufficient proceeds of special taxes within the CFD No. 11. EXHIBIT D D-1 CITY OF FRESNO Community Facilities District No. 11 Annexation No. 141 Rate and Method of Apportionment of Special Tax Cost Estimate The estimate breaks down the costs of providing 1 year’s service for FY 2022-2023 for Final Tract Map No. 6212 (84 lots) and Final Tract Map No. 6212’s share of Parc West Drive. Parc West Drive includes a total of 722 lots (counting the 84 from Tract No. 6212). All Final Maps in the Parc West area will share equally the cost of Services for Parc West Drive. The total number of lots within the Parc West area may be subject to change per the allowable amounts per the Subdivision Map Act/Fresno Municipal Code. The costs will be updated with future annexations as needed if the total numbe r of lots is less than or greater than 722. ITEM DESCRIPTION (T-6212) ESTIMATED COST 1 Landscape Operational Costs $1,863.00 2 Other Operational Costs $384.00 3 Reserve for Replacement $12,909.00 4 Incidental Expenses $1,260.00 Total $16,416.00 ITEM DESCRIPTION (Parc West Drive) ESTIMATED COST 1 Landscape Operational Costs $177,273.00 2 Other Operational Costs $2,241.00 3 Reserve for Replacement $189,464.00 4 Incidental Expenses $10,830.00 Total $379,808.00 Subdivision Appropriation Limit FINAL TRACT MAP NO. MAX. SPECIAL TAX PER RESIDENTIAL UNIT TOTAL TAXABLE UNITS APPROPRIATION LIMIT SUBDIVIDER 6212 $721.49 84 $500,000.00 Lennar Homes EXHIBIT D D-2 CITY OF FRESNO Community Facilities District No. 11 Annexation No. 141 Rate and Method of Apportionment of Special Tax A Special Tax applicable to each assessor’s parcel in Community Facilities District No. 11 (CFD No. 11) shall be levied and collected according to the tax liability determined by the City Council of the City of Fresno, through the application of the appropriate amount or rate for taxable property, as described below. All of the property in CFD No. 11, unless exempted by law or by the provisions of Section E below, shall be taxed for the purposes, to the extent, and in the manner herein provided, including property su bsequently annexed to CFD No. 11 unless a separate Rate and Method of Apportionment of Special Tax is adopted for the annexation area. A.DEFINITIONS The terms hereinafter set forth have the following meanings: “Assessor’s Parcel” or “Parcel” means a lot or parcel shown on an assessor’s parcel map with an assigned assessor’s parcel number. “Assessor’s Parcel Map” means an official map of the County Assessor of the County of Fresno designating parcels by assessor’s parcel number. “City” means the City of Fresno. “City Law” means the City of Fresno Special Tax Financing Law, Chapter 8, Division 1, Article 3, of the Fresno Municipal Code. “Council” means the City Council of the City of Fresno, acting as the legislative body of CFD No. 11. “Developable Lot” means a lot that is anticipated development of residential or non - residential uses, and which is not an outlot, remainder parcel or other parcel which is not intended to be developed or which must be further subdivided before being developed. “Excluded Parcels” means those assessor’s parcels identified as ineligible for inclusion in CFD No. 11 as shown in “Attachment 1” of this Rate and Method of Apportionment of Special Tax. “Final Map” means a final map, or portion thereof, approved by the Council of the City of Fresno pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) that creates individual developable lots for which building permits may be issued. The term “Final Map” shall not include any assessor’s parcel map or subdivision map or EXHIBIT D D-3 portion thereof that does not create individual developable lots for which a building permit may be issued, including assessor’s parcels that are designated as remainder parcels. “Fiscal Year” means the period starting April 1 and ending on the following March 31. “Maximum Special Tax” means the maximum special tax, determined in accordance with Section C, which can be levied in any Fiscal Year. “Proportionately” means, in any fiscal year, that the ratio of the actual Special Tax to the Maximum Special Tax is equal for all assessor’s parcels in CFD No. 11. “Public Property” means any property within the boundaries of CFD No. 11 that is owned by the federal government, the State of California or other local governments or public agencies. “Reserve for Replacement” means a reasonable reserve pursuant to Fresno Municipal Code 8-1-303(e) (4), as a service cost or expense and not as payment for public facilities under Government Code Section 53321(d). “Residential Unit” means a residential dwelling unit and shall include single-family unattached homes, condominiums, town homes, duplex, triplex and fourplex units, and individual apartment units in a multi-family building. For purposes of the levy of special taxes pursuant to Section C below, “Residential Units” shall include dwelling units already built on taxable property in CFD No. 11, as well as dwelling units planned, but not yet built, when the special tax is levied each fiscal year. “Shared Services” means the costs of services are paid equally by the property owners of two or more subdivisions. “Special Tax” means any special tax to be levied each fiscal year on assessor’s parcels of taxable property to fund the Special Tax Requirement as defined below. “Special Tax Requirement” means the amount necessary in any fiscal year to (i) pay authorized maintenance and improvement expenses, (ii) pay administrative expenses of CFD No. 11, and (iii) cure any delinquencies in the payment of special taxes levied in prior fiscal years or (based on delinquencies in the payment of special taxes which have already taken place) are expected to occur in the fiscal year in which the tax will be collected. “Subdivision” means the division, by any subdivider, of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease, or financing whether immediate or future. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easement or railroad rights -of-way. “Subdivision” includes a condominium project, as defined in Section 4125 of the Civil Code, a community apartment project, as defined in Section 4105 of the Civil Code. EXHIBIT D D-4 “Taxable Property” means all of the assessor’s parcels within the boundaries of CFD No. 11 which are not exempt from the special tax pursuant to law or Section E below. B.CALCULATION OF RESIDENTIAL UNITS On April 1 of each fiscal year, the City of Fresno (City) or its designee shall determine how many residential units are built, or allowed to be built, on assessor’s parcels within CFD No. 11. For parcels of undeveloped property zoned for development of single-family units attached, the number of residential units shall be determined by referencing the condominium plan, apartment plan site plan or other development plan, or by assigning the maximum allowable units permitted based on the underlying zoning for the parcel. Once a single-family attached building or buildings have been built on an assessor’s parcel, the City or its designee shall determine the actual number of residential units contained within the building or buildings, and the special tax levied against the parcel in the next fiscal year shall be calculated by dividing the Special Tax Requirement by the actual number of residential units not to exceed the Maximum Special Tax per residential unit identified for the final map in Section C, Table 1 below. C.MAXIMUM SPECIAL TAX The Maximum Special Tax (MST) applicable to each assessor’s parcel in CFD No. 11 shall be specific to each final map within CFD No. 11. When additional property is annexed to CFD No. 11, the rate and method adopted for the annexed property shall reflect the MST for the final map or final maps then annexed. The Maximum Special Tax for Fiscal Year 2022-2023 for a residential unit within Final Tract Map No. 6212 is identified in Table 1 below: Table 1 Maximum Special Tax (Fiscal Year 2022-2023)* Final Tract Map Number** Maximum Special Tax 6212 $721.49 per Residential Unit *Beginning in January of each year, the MST will be adjusted upward annually by 2% or by the rise of the Construction Cost Index (CCI), if it exceeds 2%, for the San Francisco Region for the prior 12-month period (December through December) as published in the Engineering News Record, or published in a comparable index if the Engineering News Record is discontinued or otherwise not available. Each annual adjustment of the MST shall become effective on the subsequent July 1. ** A Special Tax shall be levied on all parcels within an identified final map except excluded parcels as identified in Attachment 1. EXHIBIT D D-5 D.METHOD OF LEVY AND COLLECTION OF THE SPECIAL TAX Commencing with Fiscal Year 2022-2023, the Special Tax shall be levied on all taxable parcels as follows: Step 1: Determine the Special Tax Requirement (as defined in Section A above) for the fiscal year in which the Special Tax will be collected; Step 2: Calculate the total special tax revenues that could be collected from taxable property within CFD No. 11 based on applying the Maximum Special Tax rates determined pursuant to Section C above to the number of residential units on each parcel of taxable property in CFD No. 11; If the amount determined in Step 1 is greater than or equal to the amount calculated in Step 2, levy the Maximum Special Tax set forth in Table 1 above on all parcels of taxable property in CFD No. 11; If the amount determined in Step 1 is less than the amount calculated in Step 2, levy the Special Tax proportionately against all parcels of taxable property up to 100% of the Maximum Special Tax for each subdivision as identified in Table 1, until the amount of the Special Tax levy equals the Special Tax Requirement for that fiscal year. The Special Tax for CFD No. 11 shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 11 may (under the authority of Government Code 53340), in any particular case, bill the taxes directly to the property owner off of the County of Fresno tax roll, and the Special Taxes will be equally subject to penalties and foreclosure if delinquent. E.EXEMPTIONS Notwithstanding any other provision of this Rate and Method of Apportionment of Special Tax, no Special Tax shall be levied on parcels that have been conveyed to a public agency, except as otherwise provided in City Law, and properties receiving a welfare exemption under subdivision (g) of Section 214 of the Revenue and Taxation Code. In addition, no Special Tax shall be levied on excluded parcels or parcels that are determined not to be developable lots. EXHIBIT D D-6 ATTACHMENT 1 City of Fresno Community Facilities District No. 11 Annexation No. 141 Excluded Parcels THERE ARE NO EXCLUDED PARCELS IN FINAL TRACT MAP NO. 6212 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-345 Agenda Date:3/9/2023 Agenda #: 1.-K. 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 Surveyor Public Works Department, Engineering Division, Right of Way Section SUBJECT Actions pertaining to Resolution of Intention Number 1151-D to vacate a portion of a 16 foot-wide alley adjacent and south of Lot 1 and a portion of Lot 2 of Walling Tract Map (Council District 3): 1. Adopt a finding of Categorical Exemption per Environmental Assessment Number P22-02292 per staff determination, pursuant to Sections 15304/Class 4 of the California Environmental Quality Act (CEQA) Guidelines 2. Adopt the attached Resolution of Intention Number 1151-D to vacate a portion of a 16 foot- wide alley adjacent and south of Lot 1 and a portion of Lot 2 of Walling Tract Map RECOMMENDATION Staff recommends the City Council adopt a finding of Categorical Exemption per Environmental Assessment Number P22-02292, pursuant to Sections 15304/Class 4 of the California Environmental Quality Act (CEQA) Guidelines and adopt Resolution of Intention No. 1151-D for the proposed vacation a portion of a 16 foot-wide alley adjacent and south of Lot 1 and a portion of Lot 2 of Walling Tract Map and set the required hearing at 10:15 a.m. on March 30, 2023. EXECUTIVE SUMMARY Juan Alvarez Macias, owner of Vibez Lounge is proposing to vacate a portion of a 16 foot-wide alley adjacent and south of Lot 1 and a portion of Lot 2 of Walling Tract Map. The purpose of this proposed vacation is to eliminate an encroachment into the alley from existing patio improvements per site plan number P20-01790. BACKGROUND This portion of a 16 foot-wide alley was originally dedicated to the City of Fresno by map of Walling Tract, recorded October 7, 1936. The portion of the alley to be vacated will be incorporated into the development of the newly constructed patio improvements that are currently encroaching into the City of Fresno Printed on 3/3/2023Page 1 of 3 powered by Legistar™ 3-9-2023 AP/GB 5-0 LC, MA ABSENT APPROVED ON CONSENT File #:ID 23-345 Agenda Date:3/9/2023 Agenda #: 1.-K. development of the newly constructed patio improvements that are currently encroaching into the alley proposed for vacation. The Public Works Department, other City departments and utility agencies have reviewed the proposed vacation and determined that the public alley easement proposed for vacation is unnecessary for present or prospective public street purposes, as described in Exhibit A and as shown on Exhibit B, subject the reservation of a public utility easement over the entire area proposed to be vacated and subject to conditions of approval as listed in Exhibit C. The City is not disposing of any land and therefore the Surplus Land Act is not applicable. The City Attorney’s Office has approved the attached Resolution of Intent as to form. The vacation, if approved by the Council at the public hearing, will become effective when the vacating resolution is recorded in the office of the Fresno County Recorder, but not until the City Engineer determines that the conditions listed in the attached resolution have been satisfied and accepted by the City. ENVIRONMENTAL FINDINGS The California Environmental Quality Act (Public Resource Code Section 21000 et seq.) permits a public agency to determine whether a particular project is exempt from CEQA. Staff has determined that this project is Categorical Exemption pursuant to Sections 15304/Class 4 of the California Environmental Quality Act (CEQA) Guidelines. Under Section 15304/Class 4, the proposed project is exempt from CEQA requirements when the project consists of minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees, except for forestry or agricultural purposes. The area proposed to be vacated is comprised of improved land that will return to the adjacent private property owner. The vacation will remove approximately ±782 square feet of alley. No significant effects would occur, as a result of the proposed vacation. None of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, Section 15300.2 apply to the project. Furthermore, the proposed project is not expected to have a significant effect of the environment. A Categorical Exemption, as noted above, has been prepared for the project and the area is not environmentally sensitive. LOCAL PREFERENCE Local preference does not apply because the vacation of a public alley easement does not involve bidding or contracting. FISCAL IMPACT This vacation is located in Council District 3 and there will be no City funds involved with this City of Fresno Printed on 3/3/2023Page 2 of 3 powered by Legistar™ File #:ID 23-345 Agenda Date:3/9/2023 Agenda #: 1.-K. This vacation is located in Council District 3 and there will be no City funds involved with this vacation. Juan Alvarez Macias has paid all processing fees to cover staff cost in accordance with the Master Fee Schedule. Attachments: VibezAlleyVacationVicinityMap VibezAlleyVacationEA Resolution of Intent No. 1151-D City of Fresno Printed on 3/3/2023Page 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: PW13038 Council District: 3 PROPOSED VACATION OF A PORTION THE A 16 FOOT WIDE ALLEY ADJACENT AND SOUTH OF LOT 1 AND A PORTION OF LOT 2 OF WALLING TRACTN 01.530.75 Miles DEPARTMENT OF PUBLIC WORKS VICINITY MAP Legend City Limits District 3 CITY OF FRESNO CATEGORICAL EXEMPTION ENVIRONMENTAL ASSESSMENT NO. P22-02292 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: Juan Alvarez Macias A&M Bros, LLC. 6126 E. Brown Avenue Fresno, CA 93727 PROJECT LOCATION: Portion of the adjacent alley way south of 722 East Olive Avenue (APN 452-032-03) which is located south of East Olive Avenue, between North Broadway and North Yosemite Avenue. (See attached Exhibit A). PROJECT DESCRIPTION: Environmental Assessment No. P22-02292 was filed by Juan Alvarez Macias of A&M Bros, LLC., on behalf of Vibez Restaurant & Lounge, and pertains to a segment of the 16-foot-wide alley south of 722 East Olive Avenue. The project proposes to vacate a portion of said alley to create outdoor dining and entertainment space. The vacated space will become part of 722 East Olive Avenue (APN 452-032-03). The total area to be vacated is approximately ±782 square feet. Based on the review of the proposed project by the City of Fresno Public Works Department, the vacation is approved with conditions as noted in the Feasibility Study dated April 7, 2022. This project is exempt under Sections 15304/Class 4 of the California Environmental Quality Act (CEQA) Guidelines as follows: Under Section 15304/Class 4, the proposed project is exempt from CEQA requirements when the project consists of minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry or agricultural purposes. The area proposed to be vacated is comprised of improved land that will return to the adjacent private property owner. The vacation will remove approximately ±782 square feet of alley. No significant effects would occur as a result of the proposed vacation. Staff has performed an Environmental Assessment of this project and determined that it falls within the following Categorical Exemptions set forth in the CEQA Guideline Sections: None of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, Section 15300.2 apply to the project. Furthermore, the proposed project is not expected to have a significant effect of the environment. A Categorical Exemption, as noted above, has been prepared for the project and the area is not environmentally sensitive. Date: August 8, 2022 Prepared By: Erik Young, Planner Submitted By: Ralph Kachadourian Ralph Kachadourian Supervising Planner City of Fresno Planning and Development (559) 621-8172 RESOLUTION OF INTENT NUMBER 1151-D A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA OF INTENTION TO VACATE A PORTION OF A 16 FOOT-WIDE ALLEY ADJACENT AND SOUTH OF LOT 1 AND A PORTION OF LOT 2 OF WALLING TRACT WHEREAS, it is the intention of the Council of the City of Fresno, State of California (the City), to order the vacation of a portion of a 16-foot-wide alley adjacent and south of Lot 1 and a portion of Lot 2 of Walling Tract; and WHEREAS, the area proposed for vacation is as described in Exhibit A and as shown on Exhibit B, incorporated herein by reference and on file in the Office of the City Clerk of the City at Fresno City Hall, 2600 Fresno Street, Fresno, California, 93721; and WHEREAS, Juan Alvarez Macias, owner of Vibez Lounge is requesting the proposed vacation; and WHEREAS, the purpose of this proposed vacation is to eliminate an encroachment into the alley from existing patio improvements per site plan number P20-01790; and WHEREAS, the Traffic and Engineering Services Division, other City departments and utility agencies have reviewed the proposed vacation and determined that the public alley right-of-way easement proposed for vacation as described in Exhibit A and as shown on Exhibit B is unnecessary for present or prospective public alley purposes, subject to the reservation of a public utility easement over the entire area proposed to be vacated and conditions of approval as listed in attached Exhibit C. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as follows: 1 of 3 Date Adopted: Date Approved: Effective Date: �City Attorney Approval: � \Resolution of Intent Number 1151-D EXHIBIT “C” VACATION CONDITION OF APPROVAL 1.A.T. & T. has existing facilities within the area proposed to be vacated. They are requesting a public utility easement be reserved over the entire area to be vacated. They will require 24 hour access to this public utility easement. If you have any questions concerning this condition, please contact Brian Weldon of A.T. & T. at (559) 548-0736. 2.Comcast has existing facilities within the area proposed to be vacated. They are requesting a public utility easement be reserved over the entire area to be vacated. They will require 24 hour access to this public utility easement. If you have any questions concerning this condition, please contact Cory Sue of Comc ast at (559) 455-4221. 3.Fresno Metropolitan Flood Control District has no existing or proposed M aster Plan fac ilities within this Drainage Area “RR”. The District requires the Master Plan drainage patterns remain as designed for the proposed vacation area. Please contact Rick Lyons of FMFCD if you have any questions at (559) 456-3292. 4.Pacific Gas and Electric has existing facilities within the area proposed to be vacated. They are requesting a public utility easement be reser ved over the entire area to be vacated. They will require 24 hour access to this public utility easement. If you have any questions concerning this condition, please co ntact Mike Galvan of P.G. E. at (559) 263-5649. PW File 13038 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-347 Agenda Date:3/9/2023 Agenda #: 1.-L. REPORT TO THE CITY COUNCIL FROM:SCOTT L. MOZIER, PE, Director Public Works Department BY:ANDREW J. BENELLI, PE, City Engineer/Assistant Director Public Works Department, Traffic Operations and Planning Division HARMANJIT DHALIWAL, PE Supervising Professional Engineer Public Works Department, Traffic Operations and Planning Division SUBJECT Actions pertaining to Final Map of Tract No. 6310 RESOLUTION - Approving the Final Map of Tract No. 6310, and accepting dedicated public uses offered therein except for dedications offered subject to City acceptance of developer installed required improvements - located near the northwest corner of West Dakota Avenue and North Polk Avenue (Council District 1) RECOMMENDATION Staff recommends the City Council adopt a resolution approving the Final Map of Tract No. 6310 and accepting the dedicated public uses offered therein, to authorize the Public Works Director or his designee to execute the subdivision agreement on behalf of the City. EXECUTIVE SUMMARY The Subdivider, George J. Beal & Sterlene Joy Beal, have filed for approval, the Final Map of Tract No. 6310, for a 38-lot single-family residential subdivision near the northwest corner of West Dakota Avenue and North Polk Avenue on 7.50 acres. BACKGROUND The Fresno City Planning Commission on November 4, 2020 approved Vesting Tentative Map No. 6310 (Tentative Map) for a 38-lot single-family residential subdivision on 7.50 acres (See attached map). The Tentative Map was approved consistent with the Fresno General Plan to comply with the provisions of the Subdivision Map Act. Tract No. 6310 is the first and last phase. The Final Map is technically correct and conforms to the approved Tentative Map, the Subdivision Map Act and the Fresno Municipal Code. The provisions of Section 66474.1 of the Subdivision Map Act require a final map that is in substantial compliance with the approved tentative map to be City of Fresno Printed on 3/3/2023Page 1 of 3 powered by Legistar™ 3-9-2023 AP/GB 4-1 AP RECUSED LC, MA ABSENT R. 2023-053 ADOPTED APPROVED ON CONSENT File #:ID 23-347 Agenda Date:3/9/2023 Agenda #: 1.-L. Map Act require a final map that is in substantial compliance with the approved tentative map to be approved by the City Council. The Subdivider has satisfied all other conditions of approval by executing the Subdivision Agreement for Tract No. 6310, submitted securities in the total amount of $2,343,000 to guarantee the completion and acceptance of the public improvements and $1,171,500 for a payment security and has paid the miscellaneous and development impact fees due as a condition of approval for the Final Map in the amount of $129,976.00. Covenants have been executed to defer eligible development impact fees totaling $817,555.80 to the time of final occupancy of each unit, for annual CFD-11 assessment notification, acknowledging right-to-farm law, and for special solid waste services for certain lots. The City Attorney’s Office has approved all documents as to form and the Risk Management Division has approved all security bonds and insurance certificates. MAINTENANCE DISTRICT: A condition of approval of the Tentative Map is to maintain the concrete curbs and gutters, valley gutters, sidewalks and curb ramps, and street lighting associated with the Final Map in accordance with the adopted standards of the City. The Subdivider has satisfied the maintenance requirement by annexing the subdivision into the City’s CFD-11 on October 13, 2022. The Subdivider has executed the covenant for Maintenance of Certain Improvements and as a condition of the Subdivision Agreement, is required to provide every prospective purchaser of each lot of the subdivision the “Notice of Special Tax”, in accordance with the provision of Section 53341.5 of the California Government Code. The maximum annual assessment is $549.22 per lot with an annual 2% adjustment or by the rise of the Construction Cost Index (CCI), if it exceeds 2% for the San Francisco Region. ENVIRONMENTAL FINDINGS Pursuant to CEQA Guidelines Section 15268(b)(3), approval of final subdivision maps is a ministerial action and is exempt from the requirements of CEQA. LOCAL PREFERENCE Local preference was not considered because this resolution does not include a bid or award of a construction or services contract. FISCAL IMPACT The Final Map is located in Council District 1. There will be no impact to the City’s General Fund. Approval by the Council will result in timely deliverance of the review and processing of the Final Map as is reasonably expected by the Subdivider. Prudent financial management is demonstrated by the expeditious completion of this Final Map inasmuch as the Subdivider has paid the City a fee for the processing of this Final Map and that fee is, in turn, funding the respective operations of the Public Works Department. Attachments: Resolution Final Map of Tract No. 6310 City of Fresno Printed on 3/3/2023Page 2 of 3 powered by Legistar™ File #:ID 23-347 Agenda Date:3/9/2023 Agenda #: 1.-L. Location Map City of Fresno Printed on 3/3/2023Page 3 of 3 powered by Legistar™ BARSTOW GARFIELDBRYANPOLKBLYTHEVALENTINEVAN NESSFRUITSIERRA ALLUVIAL GETTYSBURG DAKOTA CLINTON OLIVE NIELSON KEARNEY ANNADALE INTERNATIONAL PERRIN TEAGUE ALLUVIALMAROAFRESNOMILLBROOKMAPLEWILLOW MINNEWAWASUNNYSIDEARMSTRONGMAPLEORANGECHERRYFIGCHURCH BUTLER TULARE LOCANDAKOTA CLINTON OLIVE FRUITHUGHESVALENTINEBLYTHEPOLKBRYANFINAL TRACT MAP NO. 6310 DISTRICT 1 N TRAFFIC OPERATIONS AND PLANNING DIVISION City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-348 Agenda Date:3/9/2023 Agenda #: 1.-M. 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 Surveyor Public Works Department, Engineering Division, Right of Way Section SUBJECT Actions pertaining to the summary vacation of access right restrictions on a portion of the East Belmont Avenue, west of North Fowler Avenue (Council District 5): 1. Adopt a finding of Categorical Exemption per Environmental Assessment Number PW13226 per staff determination, pursuant to Section 15301, Class 1 (b, c) Existing Facilities of the California Environmental Quality Act (CEQA) Guidelines 2. ***RESOLUTION - Ordering the summary vacation of access right restrictions on a portion of the East Belmont Avenue, west of North Fowler Avenue (Subject to Mayor’s Veto) RECOMMENDATIONS Staff recommends the City Council adopt a finding of Categorical Exemption per Environmental Assessment Number PW13226, pursuant to Section 15301, Class 1 (b, c) Existing Facilities of the California Environmental Quality Act (CEQA) Guidelines and adopt the attached resolution ordering the summary vacation of access right restrictions on a portion of the East Belmont Avenue, west of North Fowler Avenue. EXECUTIVE SUMMARY Beal Development, LLC is requesting the proposed vacation of access right restrictions on a portion of the East Belmont Avenue, west of North Fowler Avenue. The purpose of this proposed vacation is to construct a second public access to accommodate development for condition use permit P21- 02155 for the construction of a convenience store and restaurant with a drive thru. BACKGROUND This portion of access right restrictions was reserved on Brentwood Estates Number 2 - Tract Number 3416, recorded December 3, 1982, Fresno County Records. A portion of site plan number P21-02155 is proposing the construction of a commercial driveway approach as a part of the City of Fresno Printed on 3/3/2023Page 1 of 3 powered by Legistar™ 3-9-2023 AP/GB 5-0 LC, MA ABSENT APPROVED ON CONSENT R. 2023-054 ADOPTED File #:ID 23-348 Agenda Date:3/9/2023 Agenda #: 1.-M. P21-02155 is proposing the construction of a commercial driveway approach as a part of the development along East Belmont Avenue. This driveway approach will be the second access point to this development and will require a portion of the access right restriction to be vacated. The Public Works Department Traffic section has reviewed the proposed vacation and determined the relinquishment of direct access rights as shown on Exhibit “A” is not necessary at this location, said exhibit is included in the attached Resolution. The City is not disposing of any land and therefore the Surplus Land Act is not applicable. The City Attorney’s Office has approved the attached Resolution as to form. The vacation, if approved by Council, will become effective when the vacating resolution is recorded in the office of the Fresno County Recorder. ENVIRONMENTAL FINDINGS Staff has performed a preliminary environmental assessment of this project and has determined this project falls within the Class 1 (b, c) Categorical Exemption set forth in Section 15301 of the California Environmental Quality Act (CEQA) Guidelines. Section 15301(b, c), Class 1 Existing Facilities 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 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 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 a portion of access restrictions from a public street to the adjacent properties to the south. The City of Fresno has determined that having two access points for the subject parcel is now necessary to accommodate development associated with site plan number P21-02155 and does not change the use of the existing subject parcels. None of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, Section 15300.2 apply to this project. LOCAL PREFERENCE Local preference does not apply because the vacation of an access right restriction does not involve bidding or contracting. FISCAL IMPACT This vacation is located in Council District 5 and there will be no City funds involved with this vacation. Beal Development, LLC has paid all processing fees to cover staff cost in accordance with the Master Fee Schedule. Attachments: Belmont Vacation Vicinity Map EA-PW13226 City of Fresno Printed on 3/3/2023Page 2 of 3 powered by Legistar™ File #:ID 23-348 Agenda Date:3/9/2023 Agenda #: 1.-M. Belmont Site Plan 13226 Belmont Access Restriction Resolution to Vacation City of Fresno Printed on 3/3/2023Page 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: PW13226 Council District: 5 PROPOSED VACATION OF ACCESS RIGHT RESTRTICTIONS ON A PORTION OF THE E. BELMONT AVE. & N. FOWLER AVE.N 01.530.75 Miles DEPARTMENT OF PUBLIC WORKS VICINITY MAP Legend City Limits District 5 NOPARKINGBUILDING 13,258 SFCLEAN AIREVCEVC PROJECTNUMBERSHEET NO.CITY OF FRESNO californiaPROJ. ENGR:LSVPROJ. MNGR:KYV/V:\PROJECTS\2021\21-001 FOWLER-BELMONT\06-PRODUCTION PLANS\21-001 SITE PLAN.DWG3/31/2021 11:20 AM NO. DATE REVISIONS BY 2491 ALLUVIAL AVE CLOVIS, CA 93619 (559) 775-0023 FAX: (559) 775-0016 WWW.VICE-ENGR.COMVang Inc. Consulting Engineers N21-001DATE:3/31/202122FOWLER & BELMONT COMMERCIAL DEVELOPMENT SITE PLAN KEYNOTESLEGENDBELMONT AVENUEFOWLER AVENUE PPREPARED FOR:BEALDEVELOPMENTS, LLC1175 SHAW AVE#104 PMB 372CLOVIS, CA 93612 2 of 3 NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as follows: 1.The public interest and convenience require, and it is hereby ordered, that as of March 9, 2023, the access right restrictions of this proposed vacation to accommodate development associated with site plan number P21-02155 for the construction of a second public access, as shown in Exhibit A be vacated. 2.The City Clerk shall certify to the passage of this Resolution and shall file a certified copy, attested by the City Clerk under the seal of the City of Fresno, to be recorded in the Office of the County Recorder of the County of Fresno, State of Californi a. 3.The City Clerk shall file a certified copy of the resolution for recordation in the Office once all work associated with this requirement has been accepted by the City Engineer or the Public Works Director. 4.This vacation shall become effective on the date this resolution is recorded. 5.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 : Kristi M. Costa Date Senior Deputy City Attorney Attachment: Exhibit A PW13226 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-360 Agenda Date:3/9/2023 Agenda #: 1.-N. 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 SCOTT P. SEHM, PE, Public Works Manager Engineering Division, Design Section SUBJECT Actions pertaining to the Barstow Avenue Class IV Bikeway Project - Bid File 12300267 (Council District 4) 1. Adopt a finding of Categorical Exemption per staff determination pursuant to Section 15301/Class 1 of the California Environmental Quality Act (CEQA) Guidelines 2. Award a construction contract in the amount of $2,234,648 to American Paving Co., of Fresno, California RECOMMENDATIONS Staff recommends the City Council adopt a finding of Categorical Exemption pursuant to Section 15301/Class 1 (Existing Facilities), award a construction contract with American Paving Co., of Fresno, California in the amount of $2,234,648 as the lowest responsive and responsible bidder, and authorize the Public Works Director or designee to sign the construction contract on behalf of the City of Fresno. EXECUTIVE SUMMARY The proposed Barstow Avenue Class IV Bikeway Project will construct a Class IV separated bicycle facility along Barstow Avenue, between Blackstone and Cedar Avenues, to provide a more comfortable cycling facility for members of the public who may otherwise not be confident or skilled enough to ride in an unprotected (Class II) facility. The scope of work includes a maintenance grind and overlay of Barstow Avenue from Blackstone Avenue to Fresno Street and striping removal and slurry from Fresno Street to Cedar Avenue. Construction of the new Class IV bikeway facility will include new roadway striping and signage, installation of green methyl-methacrylate (MMA) to highlight areas of conflict between bicyclists and motor vehicles, and the installation of flexible post delineators to create the separated, protected space that defines a Class IV bikeway facility. In addition, the work includes upgrading the traffic signals at Fresno Street, First Street, Millbrook Avenue, and Cedar Avenue to include video detection technology that will provide enhanced City of Fresno Printed on 3/3/2023Page 1 of 3 powered by Legistar™ 3-9-2023 AP/GB 5-0 LC/MA ABSENT APPROVED ON CONSENT File #:ID 23-360 Agenda Date:3/9/2023 Agenda #: 1.-N. Avenue, and Cedar Avenue to include video detection technology that will provide enhanced detection of pedestrians and cyclists within the intersections. This project is locally funded with Measure C funding, Measure P Safe Walking and Biking Trails funding and General Fund allocations. BACKGROUND The design phase of the project was initiated in FY22 and preliminary engineering design and project management was completed over 10 months by City of Fresno staff. The scope of this project includes the construction of a Class IV separated bicycle facility along Barstow Avenue, between Blackstone Avenue and Cedar Avenue, through a partial slurry and a partial grind and overlay of the roadway that will eliminate existing lane markings and provide an improved driving and cycling surface, placement of new roadway striping and signage, installation of green methyl-methacrylate (MMA) to highlight areas of conflict between bicyclists and motor vehicles, and the installation of flexible delineator posts to create the separated and protected space that defines a Class IV facility. Video detection equipment will be installed at four intersections within the project limits to provide improved detection of cyclists and pedestrians. No additional right-of-way was needed to complete this project. A Notice Inviting Bids was published in the Fresno Business Journal on December 9, 2022, posted on the City’s website, and distributed to 11 building exchanges. The specifications were distributed to 51 prospective bidders. Four (4) sealed bid proposals were received and opened in a public bid opening on January 17, 2023, with bids ranging from $2,234,648 to $2,569,522. American Paving Co. submitted the apparent low bid in the amount $2,234,648 and was determined to be the lowest responsive and responsible bidder for the project. The bids will expire on March 22, 2023; if the bids are rejected or expire, the project must be rebid, which will result in a delay of approximately 90 days. The Community Workforce Agreement applies to this project and was incorporated into this contract. Staff recommends Council award a construction contract with American Paving Co., in the amount of $2,234,648 for the Barstow Avenue Class IV Bikeway Project as the lowest responsive and responsible bidder and authorize the Public Works Director or designee to sign and execute the standardized contract on behalf of the City of Fresno. 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 15301/Class 1 (Existing Facilities), which exempts the repair and maintenance of existing facilities that involves negligible or no expansion of an existing use. These exemptions apply because this project involves the partial reconstruction of existing roadway, installation of bicycle facilities, and partial reconstruction of traffic signals, none of which involves the expansion of the roadway. Furthermore, staff has determined that none of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, section 15300.2 apply to this project. LOCAL PREFERENCE City of Fresno Printed on 3/3/2023Page 2 of 3 powered by Legistar™ File #:ID 23-360 Agenda Date:3/9/2023 Agenda #: 1.-N. Local preference was not implemented because the low bidder is a local contractor. FISCAL IMPACT The Barstow Avenue Class IV Bikeway project is located in Council District 4. The overall cost of the project is $2,891,400 and is funded with local Measure C Bike Lane and Street Maintenance funding, Measure P Safe Walking and Biking Trails funding, and a small amount of General Fund used to initiate the design phase. Of the overall budget of the project, $2,234,648 will be used for the construction contract award. The project will have no impact to the General Fund. Attachments: Vicinity Map CEQA Environmental Assessment Bid Evaluation Fiscal Impact Statement Standardized Contract City of Fresno Printed on 3/3/2023Page 3 of 3 powered by Legistar™ Whites Bridge MapleBrawleyHerndon Bullard Shaw ClovisFowlerTemperanceWestPalmClovisFowlerTemperanceDe WolfShields McKinley Belmont ChestnutPeachAmerican CedarGrantlandHayesElmEastMarksWestWalnutCorneliaNorth California Jensen Ashlan GrantlandHayesCorneliaBrawleyMarksShaw Bullard Herndon Nees De WolfShields McKinley Belmont California Jensen North Kings Canyon AshlanPeachBehymer Copper Shepherd NeesBlackstoneFirstCedarChestnutGarfieldBryanPolkBlytheValentineVan NessFruitMaroaFresnoMillbrookMapleWillowDakota Clinton Olive Gettysburg Barstow Sierra Alluvial Nielsen Kearney Muscat Annadale Church WillowMinnewawaMalaga OrangeBryanSunnysideArmstrongLocanFigCherryHughesFruitPolkValentineBlytheAlluvial Sierra Barstow Perrin SunnysideArmstrongLocanClinton Olive Tulare Butler Church Annadale DakotaMinnewawaInternational Teague Barstow Ave Class IV Bikewayfrom Blackstone Ave to Cedar Ave N 0 1.5 30.75 Miles Project ID: PW0972Council District: 4 Barstow Class IV BikewayVICINITY MAP DEPARTMENT OFPUBLIC WORKS District 4 City_Limits CITY OF FRESNO CATEGORICAL EXEMPTION ENVIRONMENTAL ASSESSMENT NO. PW00972 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: City of Fresno Department of Public Works 2600 Fresno Street Fresno, CA 93721 PROJECT LOCATION: Barstow Avenue, from Blackstone Avenue to Cedar Avenue PROJECT DESCRIPTION: The City of Fresno Department of Public Works proposes to make improvements along Barstow Avenue, from Blackstone Avenue to Cedar Avenue. The improvements along Barstow Avenue will convert the Class II bike lanes to Class IV bikeways by the reduction of vehicle travel lane widths. Additional improvements along Barstow Ave include the roadway surface ground and overlay of asphalt pavement from Blackstone Avenue to First Street. This project is exempt under Section(s) 15301/Class 1 of the California Environmental Quality Act (CEQA) Guidelines. EXPLANATION: 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. The types of “existing facilities” itemized below are not intended to be all inclusive of the types of projects which might fall within Class I. The Key considerations whether the project involves negligible or no expansion use. Specifically included in the class of exemption are: (c) Existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety, and other alternates such as the addition of bicycle facilities, including but not limited to bicycle parking, bicycle-share facilities and bicycle lanes, transit improvements cu as bus lanes, pedestrian crossings, street trees, and other similar alterations that do not create additional automobile lanes). The proposed Barstow Avenue travel lane improvements and alterations do not propose any additional rights-of-way within the vicinity to make these Class IV bikeway and surface improvements. The proposed lane improvements consist of reducing the travel lane widths to simply convert the Class II bike lanes to Class IV bikeways and asphalt ground and overlay along the roadway between Blackstone Ave and First Street. None of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, Section 15300.2 apply to this project. Furthermore, 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. No adverse environmental impacts will occur as a result of the proposed project. Date: June 15, 2022 Prepared By: Steve Delsid, Supervising Professional Engineer Submitted By: ______ Steve Delsid, Supervising Professional Engineer City of Fresno Public Works Department (559) 621-8725 Evaluation Form Rev. 07-2022 FISCAL IMPACT STATEMENT PROGRAM: Barstow Avenue Class IV Bikeway Project PW00972 - 209900298 TOTAL OR ANNUALIZED RECOMMENDATION CURRENT COST Direct Cost $2,234,648 Indirect Cost $ 656,752 TOTAL COST $2,891,400 Additional Revenue or Savings Generated Net City Cost $2,891,400 Amount Budgeted (If none budgeted, identify source) $2,376,600 Indirect cost consists of the following: Preliminary Engineering $180,300 Construction Engineering $253,000 Contingency $223,452 Total $656,752 The Barstow Avenue Class IV Bikeway project’s is locally funded by Measure C Street Maintenance, Measure C Bike Lanes, Measure P ATP-Trails and General Fund. DPW 23.0/01-06-12 DPW PLA DIV I.pdf 1.20 rev. 01-22 CONTRACT CITY OF FRESNO, CALIFORNIA PUBLIC WORK OF IMPROVEMENT THIS CONTRACT is made and entered into by and between CITY OF FRESNO, a California municipal corporation (City), and [Contractor Name], [Legal Identity] (Contractor) as follows: 1. Contract Documents. The “Notice Inviting Bids,” “Instructions to Bidders,” “Bid Proposal,” and the “Specifications” including “General Conditions,” “Special Conditions,” and “Technical Specifications” for the following: [Title] (Bid File No. [Bid File No.]) [Alternates (if any)] copies of which are annexed hereto, together with all the drawings, plans, and documents specifically referred to in said annexed documents, including Performance and Payment Bonds, if required, and are hereby incorporated into and made a part of this Contract, and shall be known as the Contract Documents. 2.Price and Work. For the monetary consideration of [Written Dollar Amount] dollars and [Written Cents Amount] cents ($[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 PLA DIV I.pdf 1.21 rev. 01-22 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 23-363 Agenda Date:3/9/2023 Agenda #: 1.-O. REPORT TO THE CITY COUNCIL FROM:SCOTT L. MOZIER, PE, Director Public Works Department AARON A. AGUIRRE, Director Parks, After School, Recreation and Community Services Department BY:RANDALL W. MORRISON, PE, Assistant Director Public Works Department, Engineering Division L. NATHAN SANCHEZ, Projects Administrator Public Works Department, Engineering Division, Site Development SUBJECT Approve the First Amendment to the Consultant Services Agreement with O’Dell Engineering in the amount of $219,300, for a total increased contract amount of $468,700, with a $15,000 contingency amount, for design services and preparation of construction documents for the South Tower Park, San Pablo Park and the Ted C. Wills Community Center Projects (Council District 3) RECOMMENDATION Staff recommends City Council approve the First Amendment to the Consultant Services Agreement with O’Dell Engineering, in the amount of $219,300, increasing the total contract amount to $468,700, with a remaining contingency of $15,000, for the South Tower Park, San Pablo Park and the Ted C. Wills Community Center Projects and authorize the Public Works Director or designee to execute the First Amendment on behalf of the City of Fresno. EXECUTIVE SUMMARY The City and Consultant have been progressing with the design development for the South Tower Park and have completed the conceptual designs of the San Pablo Park and Ted C. Wills Community Center Projects. The original agreement includes 100% design and preparation of complete construction documents for the South Tower Park Project and 30% conceptual designs of both San Pablo Park and Ted C. Wills Community Center Projects. City staff recommends continuing the progress of the design for San Pablo Park and Ted C. Wills Community Center Projects. Therefore, the City desires to amend the scope of the Agreement to include design services to prepare full construction documents for both parks. This amendment will be funded with Measure P, Expenditure Category 1 (Non-High Needs Neighborhoods) revenues. City of Fresno Printed on 3/2/2023Page 1 of 3 powered by Legistar™ 3-9-2023 AP/GB 5-0 LC, MA ABSENT APPROVED ON CONSENT File #:ID 23-363 Agenda Date:3/9/2023 Agenda #: 1.-O. BACKGROUND Council District 3 along with the Parks, After School Recreation and Community Services (PARCS) Department have engaged the communities neighboring San Pablo Park and Ted C. Wills Community Center to develop conceptual plans as part of the original agreement. The City now desires to develop plans and bid documents for the San Pablo Park and Ted C. Wills Community Center Projects based on the feedback received from the community. San Pablo Park is located at 511 North San Pablo Avenue, on the northeast corner of Belmont Avenue and San Pablo Avenue, below State Route 180. Ted C. Wills Community Center is located at 770 North San Pablo Avenue, on the east side of San Pablo Avenue, north of Belmont Avenue. If funded for construction, the Ted C. Wills Community Center Project will make use of the previously occupied space, by Big Picture Elementary School, to add open play lawn area, park lighting, fencing, tables, permanent seating, drinking fountains, a dog park, and improved ADA access. The San Pablo Park Project will renovate the entire park site to include new multi-use sports courts, fitness area, skate plaza, stage, gaming area, seating plaza, and art work throughout. The original agreement dated January 14, 2022, allocated a total amount of $249,400, with a contingency amount of $15,000. Staff now recommends Council approve the First Amendment to the Consultant Services Agreement with O’Dell Engineering, in the amount of $219,300, increasing the total contract amount to $468,700, with a remaining contingency of $15,000, for the South Tower Park, San Pablo Park and the Ted C. Wills Community Center Projects and authorize the Public Works Director or designee to execute the First Amendment on behalf of the City of Fresno. The City Attorney’s Office has reviewed and approved this amendment as to form. ENVIRONMENTAL FINDINGS By the definition provided in the California Environmental Quality Act (CEQA) Guidelines Section 15378 the contract amendment approval does not qualify as a project as defined by CEQA. LOCAL PREFERENCE Local preference was not implemented; this is an amendment to an existing agreement. FISCAL IMPACT The South Tower Park, San Pablo Park and the Ted C. Wills Community Center Projects are all located within Council District 3. Approval of the contract amendment will result in no impact to the City’s general fund. The amendment amount of $219,300 in Measure P, Expenditure Category 1 (Non -High Needs Neighborhoods) will be allocated from existing projects which will not be expended in FY23. These projects include Fink White Recycled Water, Fink White Monument Sign, Fink White Bleachers, Fink White Tot Lot Shade Structure, and Waste Removal Improvements. Attachment: First Amendment to Agreement - O’Dell Engineering City of Fresno Printed on 3/2/2023Page 2 of 3 powered by Legistar™ File #:ID 23-363 Agenda Date:3/9/2023 Agenda #: 1.-O. San Pablo Vicinity Map Ted C. Wills Vicinity Map City of Fresno Printed on 3/2/2023Page 3 of 3 powered by Legistar™ Whites Bridge MapleBrawleyHerndon Bullard Shaw ClovisFowlerTemperanceWestPalmClovisFowlerTemperanceDe WolfShields McKinley Belmont ChestnutPeachAmerican CedarGrantlandHayesElmEastMarksWestWalnutCorneliaNorth California Jensen Ashlan GrantlandHayesCorneliaBrawleyMarksShaw Bullard Herndon Nees De WolfShields McKinley Belmont California Jensen North Kings Canyon AshlanPeachBehymer Copper Shepherd NeesBlackstoneFirstCedarChestnutGarfieldBryanPolkBlytheValentineVan NessFruitMaroaFresnoMillbrookMapleWillowDakota Clinton Olive Gettysburg Barstow Sierra Alluvial Nielsen Kearney Muscat Annadale Church WillowMinnewawaMalaga OrangeBryanSunnysideArmstrongLocanFigCherryHughesFruitPolkValentineBlytheAlluvial Sierra Barstow Perrin SunnysideArmstrongLocanClinton Olive Tulare Butler Church Annadale DakotaMinnewawaInternational Teague San Pablo Park N 0 1.5 30.75 Miles Project ID: PC00254-PPS1Council District: 3 San Pablo Park511 N. San Pablo Ave VICINITY MAP DEPARTMENT OFPUBLIC WORKS District 3 City_Limits Whites Bridge MapleBrawleyHerndon Bullard Shaw ClovisFowlerTemperanceWestPalmClovisFowlerTemperanceDe WolfShields McKinley Belmont ChestnutPeachAmerican CedarGrantlandHayesElmEastMarksWestWalnutCorneliaNorth California Jensen Ashlan GrantlandHayesCorneliaBrawleyMarksShaw Bullard Herndon Nees De WolfShields McKinley Belmont California Jensen North Kings Canyon AshlanPeachBehymer Copper Shepherd NeesBlackstoneFirstCedarChestnutGarfieldBryanPolkBlytheValentineVan NessFruitMaroaFresnoMillbrookMapleWillowDakota Clinton Olive Gettysburg Barstow Sierra Alluvial Nielsen Kearney Muscat Annadale Church WillowMinnewawaMalaga OrangeBryanSunnysideArmstrongLocanFigCherryHughesFruitPolkValentineBlytheAlluvial Sierra Barstow Perrin SunnysideArmstrongLocanClinton Olive Tulare Butler Church Annadale DakotaMinnewawaInternational Teague Ted Wills Community Center N 0 1.5 30.75 Miles Project ID: PC00254-TEDCWCouncil District: 3 Ted C. Wills Soccer Field770 N. San Pablo Ave VICINITY MAP DEPARTMENT OFPUBLIC WORKS District 3 City_Limits City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-364 Agenda Date:3/9/2023 Agenda #:1.-P. REPORT TO THE CITY COUNCIL FROM:SCOTT L. MOZIER, PE, Director Public Works Department BY:ANDREW J. BENELLI, PE, City Engineer/Assistant Director Public Works Department, Traffic Operations and Planning ADRIAN GONZALEZ, Senior Engineering Technician Public Works Department, Traffic Operations and Planning SUBJECT RESOLUTION - Of Intention to Annex Final Tract Map No. 6371 as Annexation No. 138 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, April 20, 2023, at 10:15 am (located north of East Floradora Avenue and east of North Armstrong Avenue) (Council District 7) RECOMMENDATION Adopt Resolution of Intention to Annex Final Tract Map No. 6371 to City of Fresno Community Facilities District No. 11 (CFD No. 11). EXECUTIVE SUMMARY The landowner (Wilson Premier Homes Inc.) has petitioned the City of Fresno to have Final Tract Map No. 6371 (27 Lot Single-Family Home Subdivision) annexed to CFD No. 11 to provide funding for the Services (as hereafter defined) pertaining to certain required above ground public improvements associated with this subdivision. The cost for the Services for these improvements is $222.34 per lot annually for Fiscal Year 2022-2023. Final Tract Map No. 6371 is located entirely within City limits. The Resolution of Intention begins the process, sets the required public hearing for Thursday, April 20, 2023, at 10:15 am, and defines the steps required to complete the annexation. (See attached Location and Feature Maps.) BACKGROUND Subdivision: 6371 Developer: Wilson Premier Homes Inc. Number of Lots: 27 Maximum Special Tax Per Lot: $222.34 City of Fresno Printed on 3/3/2023Page 1 of 3 powered by Legistar™ 3-9-2023 AP/GB 5-0 LC, MA ABSENT R. 2023-055 ADOPTED APPROVED ON CONSENT File #:ID 23-364 Agenda Date:3/9/2023 Agenda #:1.-P. Features: Concrete and hardscaping On November 15, 2005, the Council of the City of Fresno adopted Council Resolution No. 2005-490 forming CFD No. 11 to fund public maintenance of landscaping, open spaces, local streets, local street lights and street furniture, curbs, gutters, sidewalks, street trees and other public facilities and services as defined by the City of Fresno Special Tax Financing Law, Chapter 8, Division 1, Article 3 of the Fresno Municipal Code (City Law). The landowner has made a request to the City of Fresno to have Final Tract Map No. 6371 annexed to CFD No. 11 to provide the funding for the operation and reserves for maintenance (Services) pertaining to certain required above ground public improvements within the dedicated City public easements and Outlots; this includes concrete curbs, gutters, valley gutters, sidewalks and curb ramps, street name signage, street lighting, and local street paving associated with this subdivision. (See attached Location and Feature Maps.) Final Tract Map No. 6371 is not a phased map and is located entirely within City limits. The attached Resolution initiates the annexation process, sets the public hearing on this matter for Thursday, April 20, 2023, at 10:15 am, sets the Maximum Special Tax at $222.34 annually per residential lot for Fiscal Year 2022-2023 and sets the annual adjustment of the Special Tax to be adjusted upward annually by 2% or by the rise of the Construction Cost Index (CCI), if it exceeds 2% for the San Francisco Region. Annexations to existing community facilities districts are permitted under City Law. The legislative body must follow certain prescribed procedures as outlined below: §Adoption of a Resolution of Intention to Annex to CFD No. 11 §Required 7-day minimum Notice of Public Hearing §Public hearing on Annexation and Levy of Special Tax §Call a Special Mailed-Ballot Election on the proposed Special Tax §Declare the Results of the Election §Formal Adoption of Special Tax Levy (if election passes) The attached Resolution has been approved as to form by the City Attorney’s Office. ENVIRONMENTAL FINDINGS Pursuant to the definition in California Environmental Quality Act Guidelines Section 15378, this action is not a project. LOCAL PREFERENCE Local preference was not implemented, as this item does not include a bid or award of a construction or services contract. FISCAL IMPACT No City funds will be involved. All costs for services will be borne by the property owners within the City of Fresno Printed on 3/3/2023Page 2 of 3 powered by Legistar™ File #:ID 23-364 Agenda Date:3/9/2023 Agenda #:1.-P. subject tract. Attachments: Location Map Feature Map Resolution of Intention City of Fresno Printed on 3/3/2023Page 3 of 3 powered by Legistar™ BARSTOW GARFIELDBRYANPOLKBLYTHEVALENTINEVAN NESSFRUITSIERRA ALLUVIAL GETTYSBURG DAKOTA CLINTON OLIVE NIELSON KEARNEY ANNADALE INTERNATIONAL PERRIN TEAGUE ALLUVIALMAROAFRESNOMILLBROOKMAPLEWILLOW MINNEWAWASUNNYSIDEARMSTRONGMAPLEORANGECHERRYFIGCHURCH BUTLER TULARE LOCANDAKOTA CLINTON OLIVE FRUITHUGHESVALENTINEBLYTHEPOLKBRYANN TRAFFIC OPERATIONS AND PLANNING DIVISION FINAL TRACT MAP NO. 6371 DISTRICT 7 ANNEXATION NO. 138 COMMUNITY FACILITIES DISTRICT NO. 11 FINAL TRACT MAP NO. 6371 FEATURES TO BE ADDED BY ANNEXATION NO. 138 COMMUNITY FACILITIES DISTRICT NO. 11 TRAFFIC OPERATIONS AND PLANNING DIVISION CONCRETE IMPROVEMENTS: CURB & GUTTER = 2,536 LF VALLEY GUTTER = 2,786 SF CURB RAMPS & SIDEWALK = 7,037 SF N STREET LIGHTS: LOCAL STREET PAVEMENT: TOTAL AREA = 47,407 SF TOTAL = 8 EACH BlackstoneNees Herndon Bullard Shaw Ashlan Shields McKinley Belmont Whites Bridge Alluvial Sierra Barstow Gettysburg Dakota Clinton Olive GarfieldBryanGrantlandChateau FresnoHayesPolkCorneliaBlytheBrawleyValentineMarksVan NessWestFruitPalmFresnoFirstMillbrookCedarMapleChestnutWillowPeachAshlan Dakota Shields Clinton McKinley Olive Belmont Tulare Butler California Church Jensen Annadale North Kings CanyonMaroaInternational Copper Behymer Shepherd Nees Herndon Bullard Shaw Gettysburg Teague Alluvial Sierra Barstow Perrin ClovisSunnysideFowlerArmstrongTemperanceLocanClovisFowlerTemperanceSunnysideLocanArmstrongChestnutPeachWillowMinnewawaMalaga American CedarOrangeMapleElmEastFigCherryMarksWestWalnutHughesFruitGrantlandHayesCorneliaBryanPolkBrawleyValentineBlytheKearney Muscat North Annadale Muscat Central California Jensen Church Central Nielsen ·|}þ41 CITY OF FRESNOMAINTENANCECFD11 ANNEXATION ·|}þ41 ·|}þ180 ·|}þ168 ·|}þ99 ·|}þ99 ·|}þ180 Legend State Routes Rail Road Street Centerline CFD11 City Boundary Limits µ Exhibit A Date: 3/13/2015 FINAL TRACT MAP NO. 6371 CITY OF FRESNO - Public Works Department ANNEXATION MAP NO. 138 OF COMMUNITY FACILITIES DISTRICT NO. 11 OF THE CITY OF FRESNO, FRESNO COUNTY, CALIFORNIA CFD11 138 A1 1-P-1479 REFERENCE: BOUNDARY MAP OF CITY OF FRESNO COMMUNITY FACILITIES DISTRICT NO. 11, RECORDED NOVEMBER 8, 2005 AT BOOK 41, PAGE 61 OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS IN THE OFFICE OF THE RECORDER IN THE COUNTY OF FRESNO, STATE OF CALIFORNIA DOC. FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF FRESNO THIS DAY OF , 2023. ATTEST: TODD STERMER, CMC CITY CLERK OF THE CITY OF FRESNO BY: DEPUTY I HEREBY CERTIFY THAT THE ANNEXATION MAP NO. 138 OF THE COMMUNITY FACILITIES DISTRICT NO. 11, CITY OF FRESNO, COUNTY OF FRESNO, STATE OF CALIFORNIA WAS ADOPTED BY THE COUNCIL OF THE CITY OF FRESNO BY RESOLUTION NO. 2023- ON , 2023. ATTEST: TODD STERMER, CMC CITY CLERK OF THE CITY OF FRESNO BY: DEPUTY THIS ANNEXATION MAP NO. 138 OF THE CITY OF FRESNO COMMUNITY FACILITIES DISTRICT NO. 11, WAS FILED THIS DAY OF , 2023 AT THE HOUR OF O'CLOCK M AT BOOK 46, PAGE OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS IN THE OFFICE OF THE COUNTY RECORDER IN THE COUNTY OF FRESNO, STATE OF CALIFORNIA PAUL DICTOS, C.P.A. COUNTY RECORDER OF THE COUNTY OF FRESNO BY: NTERRITORY TO BE ANNEXED TO THE CITY CFD NO. 11 BOUNDARY LINE OF NEW TERRITORY NOTE: FOR PARCEL DIMENSIONS, SEE ASSESSOR'S MAP BOOK PAGES EXEMPT FROM SB2 FEES PER GOVERNMENT CODE SECTION 27388.1(a)(2)(D) EXHIBIT B EXHIBIT C C-1 CITY OF FRESNO Community Facilities District No. 11 Annexation No. 138 Description of Services to be Financed by Community Facilities District No. 11 for Annexation No. 138 (Final Tract Map No. 6371) The operations and reserves for the maintenance of certain required improvements (Services) that are to be financed by Community Facilities District No. 11 (CFD No. 11) for Final Tract Map No. 6371, Annexation No. 138 are generally as described below. The Services will include all costs (including reserves for replacement) attributable to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas and trees in public street rights-of-way, public landscape easements, public open spaces and other similar landscaped areas officially dedicated for public use. Services shall include all costs attributable to cleaning, maintaining, servicing, repairing and/or replacing all ground level infrastructure (including reserves for replacement) within dedicated public easements and outlots. Such facilities include, without limitation, concrete curbs, gutters, valley gutters, curb ramps and sidewalks, street name signage , street lighting, and local street paving associated with this subdivision. Services shall include all costs attributable to street lighting services. Maintenance costs will include a proportionate share of all other expenses that the City of Fresno (City) may incur in administering CFD No. 11. All Services shall be provided by the City, with its own forces or by contract with third parties, or any combination thereof, to be determined entirely by the City. Nothing in this exhibit or any other exhibit or provision of this Resolution shall be construed as committing the City or CFD No. 11 to provide all of the authorized Services or to provide for the payment of or reimbursement for all of the authorized incidental expenses. The provision of Services and/or payment or reimbursement of incidental expenses shall be subject to the successful annexation of Annexation No. 138 to CFD No. 11 and the availability of sufficient proceeds of Special Taxes within CFD No. 11. EXHIBIT C C-2 CITY OF FRESNO Community Facilities District No. 11 Formation Description of Services currently financed by Community Facilities District No. 11 The services that are to be financed (Services) by Community Facilities District No. 11 (CFD No. 11)are any and all Services defined by City of Fresno Speci al Tax Financing Law (Chapter 8, Division 1, Article 3 of the Fresno Municipal Code) and the Mello-Roos Community Facilities Act of 1982 (Chapter 2.5 commencing with Section 53311 , of Part 1, Division 2, Title 5 of the California Government Code.) I.Services may include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing all facilities, including hardscaping, in landscaped areas (may include reserves for replacement) in public street rights-of-way, public landscape easements, public trail areas, parkways, and other similar landscaped areas officially dedicated for public use. II.General maintenance will include, without limitation, mowing, edging, fertilizing, seeding, aerating, and watering grass areas; repairing and replacing irrigation systems as necessary; staking, pruning, replacing and spraying of trees and shrubs; repairing and replacing paths, walkways and trails; removing litter, debris, and garbage. II.Services may include all costs attributable to cleaning, maintaining, servicing, repairing and/or replacing all local ground level street infrastructure (may include reserves for replacement) within local street rights-of-way. Such facilities may include, without limitation, street paving, curbs and gutters, sidewalks, street lighting, hydrants, inlets, street trees and street furniture. III.Services may include costs attributable to police, fire, traffic control, street lighting and recreational services. Maintenance costs will also include a proportionate share of all other expenses that the City of Fresno (City) may incur in administering the CFD No. 11. All Services shall be provided by the City, with its own forces or by contract with third parties, or any combination thereof, to be determined entirely by the City. Nothing in this exhibit or any other exhibit or provision of this resolution shall be construed as committing the City or CFD No. 11 to provide all of the authorized Services or to provide for the payment of or reimbursement for all of the authorized incidental expenses. The provision of Services and/or payment or reimbursement of incidental expenses shall be subject to the continued existence of CFD No. 11 and the availability of sufficient proceeds of special taxes within the CFD No. 11. EXHIBIT D D-1 CITY OF FRESNO Community Facilities District No. 11 Annexation No. 138 Rate and Method of Apportionment of Special Tax Cost Estimate The estimate breaks down the costs of providing 1 year’s service for FY 2022-2023 for Final Tract Map No. 6371. ITEM DESCRIPTION ESTIMATED COST 1 Landscape Operational Costs $0.00 2 Other Operational Costs $162.00 3 Reserve for Replacement $5,436.00 4 Incidental Expenses $405.00 Total $6,003.00 Subdivision Appropriation Limit FINAL TRACT MAP NO. MAX. SPECIAL TAX PER RESIDENTIAL UNIT TOTAL TAXABLE UNITS APPROPRIATION LIMIT SUBDIVIDER 6371 $222.34 27 $500,000.00 Wilson Premier Homes Inc. EXHIBIT D D-2 City of Fresno Community Facilities District No. 11 Annexation No. 138 Rate and Method of Apportionment of Special Tax A Special Tax applicable to each assessor’s parcel in Community Facilities District No. 11 (CFD No. 11) shall be levied and collected according to the tax liability determined by the City Council of the City of Fresno, through the application of the appropriate amount or rate for taxable property, as described below. All of the property in CFD No. 11, unless exempted by law or by the provisions of Section E below, shall be taxed for the purposes, to the extent, and in the manner herein provided, including property su bsequently annexed to CFD No. 11 unless a separate Rate and Method of Apportionment of Special Tax is adopted for the annexation area. A.DEFINITIONS The terms hereinafter set forth have the following meanings: “Assessor’s Parcel” or “Parcel” means a lot or parcel shown on an assessor’s parcel map with an assigned assessor’s parcel number. “Assessor’s Parcel Map” means an official map of the County Assessor of the County of Fresno designating parcels by assessor’s parcel number. “City” means the City of Fresno. “City Law” means the City of Fresno Special Tax Financing Law, Chapter 8, Division 1, Article 3, of the Fresno Municipal Code. “Council” means the City Council of the City of Fresno, acting as the legislative body of CFD No. 11. “Developable Lot” means a lot that is anticipated development of residential or non - residential uses, and which is not an outlot, remainder parcel or other parcel which is not intended to be developed or which must be further subdivided before being developed. “Excluded Parcels” means those assessor’s parcels identified as ineligible for inclusion in CFD No. 11 as shown in “Attachment 1” of this Rate and Method of Apportionment of Special Tax. “Final Map” means a final map, or portion thereof, approved by the Council of the City of Fresno pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) that creates individual developable lots for which building permits may be issued. The term “Final Map” shall not include any assessor’s parcel map or subdivision map or EXHIBIT D D-3 portion thereof that does not create individual developable lots for which a building permit may be issued, including assessor’s parcels that are designated as remainder parcels. “Fiscal Year” means the period starting April 1 and ending on the following March 31. “Maximum Special Tax” means the maximum special tax, determined in accordance with Section C, which can be levied in any Fiscal Year. “Proportionately” means, in any fiscal year, that the ratio of the actual Special Tax to the Maximum Special Tax is equal for all assessor’s parcels in CFD No. 11. “Public Property” means any property within the boundaries of CFD No. 11 that is owned by the federal government, the State of California or other local governments or public agencies. “Reserve for Replacement” means a reasonable reserve pursuant to Fresno Municipal Code 8-1-303(e) (4), as a service cost or expense and not as payment for public facilities under Government Code Section 53321(d). “Residential Unit” means a residential dwelling unit and shall include single-family unattached homes, condominiums, town homes, duplex, triplex and fourplex units, and individual apartment units in a multi-family building. For purposes of the levy of special taxes pursuant to Section C below, “Residential Units” shall include dwelling units already built on taxable property in CFD No. 11, as well as dwelling units planned, but not yet built, when the special tax is levied each fiscal year. “Shared Services” means the costs of services are paid equally by the property owners of two or more subdivisions. “Special Tax” means any special tax to be levied each fiscal year on assessor’s parcels of taxable property to fund the Special Tax Requirement as defined below. “Special Tax Requirement” means the amount necessary in any fiscal year to (i) pay authorized maintenance and improvement expenses, (ii) pay administrative expenses of CFD No. 11, and (iii) cure any delinquencies in the payment of special taxes levied in prior fiscal years or (based on delinquencies in the payment of special taxes which have already taken place) are expected to occur in the fiscal year in which the tax will be collected. “Subdivision” means the division, by any subdivider, of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease, or financing whether immediate or future. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easement or railroad rights -of-way. “Subdivision” includes a condominium project, as defined in Section 4125 of the Civil Code, a community apartment project, as defined in Section 4105 of the Civil Code. EXHIBIT D D-4 “Taxable Property” means all of the assessor’s parcels within the boundaries of CFD No. 11 which are not exempt from the special tax pursuant to law or Section E below. B.CALCULATION OF RESIDENTIAL UNITS On April 1 of each fiscal year, the City of Fresno (City) or its designee shall determine how many residential units are built, or allowed to be built, on assessor’s parcels within CFD No. 11. For parcels of undeveloped property zoned for development of single-family units attached, the number of residential units shall be determined by referencing the condominium plan, apartment plan site plan or other development plan, or by assigning the maximum allowable units permitted based on the underlying zoning for the parcel. Once a single-family attached building or buildings have been built on an assessor’s parcel, the City or its designee shall determine the actual number of residential units contained within the building or buildings, and the special tax levied against the parcel in the next fiscal year shall be calculated by dividing the Special Tax Requirement by the actual number of residential units not to exceed the Maximum Special Tax per residential unit identified for the final map in Section C, Table 1 below. C.MAXIMUM SPECIAL TAX The Maximum Special Tax (MST) applicable to each assessor’s parcel in CFD No. 11 shall be specific to each final map within CFD No. 11. When additional property is annexed to CFD No. 11, the rate and method adopted for the annexed property shall reflect the MST for the final map or final maps then annexed. The Maximum Special Tax for Fiscal Year 2022-2023 for a residential unit within Final Tract Map No. 6371 is identified in Table 1 below: Table 1 Maximum Special Tax (Fiscal Year 2022-2023)* Final Tract Map Number** Maximum Special Tax 6371 $222.34 per Residential Unit *Beginning in January of each year, the MST will be adjusted upward annually by 2% or by the rise of the Construction Cost Index (CCI), if it exceeds 2%, for the San Francisco Region for the prior 12-month period (December through December) as published in the Engineering News Record, or published in a comparable index if the Engineering News Record is discontinued or otherwise not available. Each annual adjustment of the MST shall become effective on the subsequent July 1. ** A Special Tax shall be levied on all parcels within an identified final map except excluded parcels as identified in Attachment 1. EXHIBIT D D-5 D.METHOD OF LEVY AND COLLECTION OF THE SPECIAL TAX Commencing with Fiscal Year 2022-2023, the Special Tax shall be levied on all taxable parcels as follows: Step 1: Determine the Special Tax Requirement (as defined in Section A above) for the fiscal year in which the Special Tax will be collected; Step 2: Calculate the total special tax revenues that could be collected from taxable property within CFD No. 11 based on applying the Maximum Special Tax rates determined pursuant to Section C above to the number of residential units on each parcel of taxable property in CFD No. 11; If the amount determined in Step 1 is greater than or equal to the amount calculated in Step 2, levy the Maximum Special Tax set forth in Table 1 above on all parcels of taxable property in CFD No. 11; If the amount determined in Step 1 is less than the amount calculated in Step 2, levy the Special Tax proportionately against all parcels of taxable property up to 100% of the Maximum Special Tax for each subdivision as identified in Table 1, until the amount of the Special Tax levy equals the Special Tax Requirement for that fiscal year. The Special Tax for CFD No. 11 shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 11 may (under the authority of Government Code 53340), in any particular case, bill the taxes directly to the property owner off of the County of Fresno tax roll, and the Special Taxes will be equally subject to penalties and foreclosure if delinquent. E.EXEMPTIONS Notwithstanding any other provision of this Rate and Method of Apportionment of Special Tax, no Special Tax shall be levied on parcels that have been conveyed to a public agency, except as otherwise provided in City Law, and properties receiving a welfare exemption under subdivision (g) of Section 214 of the Revenue and Taxation Code. In addition, no Special Tax shall be levied on excluded parcels or parcels that are determined not to be developable lots. EXHIBIT D D-6 ATTACHMENT 1 City of Fresno Community Facilities District No. 11 Annexation No. 138 Excluded Parcels THERE ARE NO EXCLUDED PARCELS IN FINAL TRACT MAP NO. 6371 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-358 Agenda Date:3/9/2023 Agenda #: 1.-Q. REPORT TO THE CITY COUNCIL FROM:BROCK D. BUCHE, PE, PLS, Director Department of Public Utilities BY:JESUS A. GONZALEZ, PE, Assistant Director Department of Public Utilities - Utilities Planning & Engineering ROBERT A. DIAZ, Supervising Engineering Technician Department of Public Utilities - Utilities Planning & Engineering SUBJECT Actions pertaining to the Rebid of Requirements Contract to Furnish and Install Polyethylene Water Service Replacements (Bid File 12300617)(Citywide and County): 1. Adopt a finding of Categorical Exemption, pursuant to Section 15301(b)/Class 1, and Section 15302(c)/Class 2 of the California Environmental Quality Act Guidelines 2. Award a one-year Requirements Contract, inclusive of the City’s adopted project labor agreement requirements, to West Valley Construction Company, Inc., of Fresno, California, in the amount of $1,529,500, with provisions for two one-year extensions RECOMMENDATIONS Staff recommends that City Council adopt a finding of Categorical Exemption pursuant to Section 15301(b)/Class 1, Section 15302(c)/Class 2 of the California Environmental Quality Act (CEQA) Guidelines; award a one-year Requirements Contract in the amount of $1,529,500 to West Valley Construction Company, Inc. (West Valley), with provisions for two one-year extensions to Furnish and Install Polyethylene Water Service Replacements (Project); 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 The Department of Public Utilities (DPU), Water Division, seeks to award a one-year requirements contract for the Project with provisions for two one-year extensions. The contract is necessary to address the replacement of polyethylene water services lines that are failing because of substandard materials performance. Following a competitive bidding process, West Valley is deemed to be lowest responsive and responsible bidder in the amount of $1,529,500. Approval of the contract is requested at this time as the bids are set to expire on March 22, 2023. City of Fresno Printed on 3/3/2023Page 1 of 3 powered by Legistar™ 3-9-2023 AP/GB 5-0 LC,MA ABSENT APPROVED ON CONSENT File #:ID 23-358 Agenda Date:3/9/2023 Agenda #: 1.-Q. BACKGROUND The DPU, Water Division, installs and maintains residential and commercial services ranging in size from ¾-inch to 2-inch in diameter. The services have been constructed of various material types, including polyethylene. The polyethylene services, which were considered an industry standard at the time of installation, have been failing due to substandard materials resulting in Water Division personnel having to replace them on an emergency basis. These water service replacements have been done using copper tubing, which has a superior life expectancy. The subject requirements contract requires the use of copper tubing for the replacements as well, consistent with City Standard Drawings for water services. As a matter of addressing the necessary water service replacements and anticipating a construction total in excess of $1,000,000, DPU prepared Project specifications inclusive of the City’s adopted project labor agreement. Two subsequent bidding processes ultimately resulted in the rejection of bids as the lone bid received was deemed highly in excess of the engineer’s estimate. For purposes of re-advertising the Project, staff re-evaluated the construction scope, industry conditions, and contract requirements. Upon incorporating necessary revisions, DPU solicited contractor services through the City’s competitive bidding process. A Notice Inviting Bids was published in the Business Journal and posted on the City’s website on November 30, 2022. Project specifications were additionally distributed to 16 prospective bidders and posted at 6 Building Exchanges. Three sealed bid proposals were received and unsealed in a public opening on January 17, 2023. The amounts of the bids received range from $1,529,500 to $2,393,500 and are set to expire 64 days after bid opening. West Valley submitted a bid price in the amount of $1,529,500 and is the lowest responsive and responsible bidder. The Staff Determination of Award was posted on the City’s website on February 17, 2023. The price submitted is 38.82% below the Engineer’s Estimate of $2,500,000. The source of funding for the project is the Water Division’s Water Enterprise Fund (40101). Upon Council approval, the Director of Public Utilities, or designee, will sign all documents on behalf of the City. ENVIRONMENTAL FINDINGS Staff has reviewed the scope and nature of this Project and determined that it is exempt pursuant to Sections 15301(b)/Class 1 (Existing Facilities) and 15302(c)/Class 2 (Replacement or Reconstruction) of the California Environmental Quality Act (CEQA) Guidelines. Staff has further determined that none of the exceptions to the Categorical Exemptions under section 15300.2 of the CEQA Guidelines apply to this project. LOCAL PREFERENCE Local Preference was not implemented because the lowest responsive and responsible bidder is a local business pursuant to the Fresno Municipal Code Section 4-108(d). FISCAL IMPACT There is no impact to the General Fund. This Project is located in all Council Districts and County islands. Funding for this Project is included in the Fiscal Year 2023 capital improvement budget City of Fresno Printed on 3/3/2023Page 2 of 3 powered by Legistar™ File #:ID 23-358 Agenda Date:3/9/2023 Agenda #: 1.-Q. islands. Funding for this Project is included in the Fiscal Year 2023 capital improvement budget within the Water Enterprise Fund 40101. Attachments: Attachment 1 - Categorical Exemption Attachment 2 - Bid Evaluation and Fiscal Impact Statement Attachment 3 - Sample Contract City of Fresno Printed on 3/3/2023Page 3 of 3 powered by Legistar™ CITY OF FRESNO CATEGORICAL EXEMPTION ENVIRONMENTAL ASSESSMENT NO. BF 9629 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: PROJECT LOCATION: PROJECT DESCRIPTION: City of Fresno Department of Public Utilities 1626 E Street Fresno, CA 93706 City Wide Replacement of water service infrastructure which includes residential and commercial services ranging in size from ¾-inch to 2- inch. This project is exempt under Section(s) 15301(b)/Class 1 and 15302(c)/Class 2 of the State of California CEQA Guidelines. EXPLANATION: Class 1 exemptions, for projects pertaining to Existing Facilities, consist 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 use beyond that existing at the time of the lead agency’s determination. Examples include but are not limited to: Existing facilities of publicly owned utilities used to provide electric power, natural gas, sewerage, or other public utility services; existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety); Rehabilitation of existing facilities to meet current standards of public health and safety; and, the Addition of safety or health protection devices for use in conjunction with existing facilities, including navigational devices. Class 2 exemptions, for projects involving Replacement or Reconstruction, consist of replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. Examples include but are not limited to: Replacement or reconstruction of existing utility systems and/or facilities involving negligible or no expansion of capacity; and, Conversion of overhead electric utility distribution systems to underground including connection to existing overhead electric utility distribution lines where the surface is restored to the condition existing prior to the undergrounding. The proposed project is consistent with the Class 1 and Class 2 exemptions because the project is requesting to make improvements to existing underground water services. The improvements do not expand any existing improvements and simply re-establishes water service connection from existing water mains to meter boxes. None of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, Section 15300.2 apply to this project. Furthermore, 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. No adverse environmental impacts will occur as a result of the proposed project. Date: January 19, 2023 Prepared By: Robert A. Diaz, Supervising Engineering Submitted By: Technician Supervising Engineering Technician City of Fresno Department of Public Utilities (559)621-1623 DPU NOFED F&I RC DIV I 1.18 rev.4-17 REQUIREMENTS CONTRACT CITY OF FRESNO, CALIFORNIA FURNISH & INSTALL THIS CONTRACT is made and entered into by and between CITY OF FRESNO, a California municipal corporation (hereinafter referred to as “City”), and [Contractor Name], [Legal Identity] (hereinafter referred to as “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.]) 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 estimated monetary consideration of [Written Dollar Amount] dollars and [Written Cents Amount] cents ($[Amount]), as set forth in the award and Bid Proposal pricing, 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. Contractor agrees to accept electronic payment from City. 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. DPU NOFED F&I RC DIV I 1.19 rev.4-17 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: Dated: By: Name: (Type or print written signature.) Title: Dated: CITY OF FRESNO, a California municipal corporation By: [Name], [Title] Department of Finance Dated: ATTEST: TODD STERMER, CMC City Clerk By: Deputy No signature of City Attorney required. Standard Document #FIN-S F&I RC/08-05-13 has been used without modification as certified by the undersigned. By: [City Certifier Name] [City Certifier Title] Department of Public Utilities 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 23-401 Agenda Date:3/9/2023 Agenda #: 1.-R. REPORT TO THE CITY COUNCIL FROM:LUIS CHAVEZ, Councilmember City Council District 5 SUBJECT Assistance for Senior Affordable Housing project by utilizing future revenue streams to provide potable drinking water and sustainable Fire protection for the public benefit to Senior Citizens in the Fancher Creek completed neighborhood. RECOMMENDATION [If more than one recommendation pluralize] EXECUTIVE SUMMARY [Brief, 1-2 paragraphs; information stated here must be expanded in Background section; clear and concise so anyone understands action being requested] BACKGROUND [Include: Any prior history; “City Attorney has reviewed and approved to form,” if applicable; source of funding; appropriate regulation summary information] ENVIRONMENTAL FINDINGS [Include CEQA findings or state N/A] LOCAL PREFERENCE [N/A due to State and Federal money; N/A because it is more than ½ of 1%; or yes, state why] FISCAL IMPACT [Funding source, clarify whether General Fund is or is not impacted; appropriation authority already approved or an AAR is attached; if appropriate explain impact on other projects or timing of funding from other agencies; future obligations] City of Fresno Printed on 3/10/2023Page 1 of 2 powered by Legistar™ 3-9-2023 LC/MK 5-0 MA, TM ABSENT CONTINUED TO NO RETURN DATE File #:ID 23-401 Agenda Date:3/9/2023 Agenda #: 1.-R. Attachment:[If more than one, pluralize] City of Fresno Printed on 3/10/2023Page 2 of 2 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-403 Agenda Date:3/9/2023 Agenda #: 1.-S. REPORT TO THE CITY COUNCIL FROM:LUIS CHAVEZ, Councilmember City Council District 5 MIGUEL ARIAS, Councilmember City Council District 3 NELSON ESPARA, Councilmember City Council District 7 SUBJECT ***RESOLUTION - To Begin the Process to Change Kings Canyon/Ventura Boulevard to “Cesar Chavez Boulevard” (Subject to Mayor’s veto) RECOMMENDATION [If more than one recommendation pluralize] EXECUTIVE SUMMARY [Brief, 1-2 paragraphs; information stated here must be expanded in Background section; clear and concise so anyone understands action being requested] BACKGROUND [Include: Any prior history; “City Attorney has reviewed and approved to form,” if applicable; source of funding; appropriate regulation summary information] ENVIRONMENTAL FINDINGS [Include CEQA findings or state N/A] LOCAL PREFERENCE [N/A due to State and Federal money; N/A because it is more than ½ of 1%; or yes, state why] FISCAL IMPACT City of Fresno Printed on 3/10/2023Page 1 of 2 powered by Legistar™ 3-9-2023 LC/MA 6-1 GB VOTED NO R. 2023-056 ADOPTED File #:ID 23-403 Agenda Date:3/9/2023 Agenda #: 1.-S. [Funding source, clarify whether General Fund is or is not impacted; appropriation authority already approved or an AAR is attached; if appropriate explain impact on other projects or timing of funding from other agencies; future obligations] Attachment:[If more than one, pluralize] City of Fresno Printed on 3/10/2023Page 2 of 2 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-359 Agenda Date:3/9/2023 Agenda #: 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 NANCY BRUNO, Supervising Real Estate Agent Public Works Department, Real Estate Section SUBJECT Actions pertaining to the acquisition of easements and right of way for the MLK Center Active Transportation Project (Council District 3) 1) HEARING to consider a resolution of public use and necessity for acquisition of easements and rights of way for public street purposes over, under, through and across portions of APN 479-050-04, owned by Ruth McDonald and Florine Parish, for the construction of a concrete public sidewalk, concrete curb ramp and installation of public utilities along a portion of South Walnut Avenue and East Grove Avenue 2) Adopt a finding of Categorial Exemption pursuant to California Environmental Quality Act (CEQA) Guidelines Sections 15301/Class 1, 15303/Class 3, and 15304/Class 4 for the MLK Center Active Transportation Project 3) ***RESOLUTION - Determining that public interest and necessity require acquisition of easements and rights of way for public street purposes over, under, through and across portions of APN 479-050-04, owned by Ruth McDonald and Florine Parish, for the construction of a public sidewalk, concrete curb ramp and installation of public utilities along a portion of South Walnut Avenue and East Grove Avenue and authorizing eminent domain proceedings for public use and purpose (Requires 5 affirmative votes) (Subject to Mayor’s Veto) RECOMMENDATIONS Staff recommends the City Council (1) Conduct a public hearing to consider the adoption of a resolution of public use and necessity for the acquisition of a 3,357 square foot street easement and right of way, and 99 square foot Public Utility Easement, for public street purposes from Assessor’s Parcel Number 479-050-04 owned by Ruth McDonald and Florine Parish, (2) adopt a finding of Categorical Exemption pursuant to CEQA Guidelines Sections 15301/Class 1, 15303/Class 3, and 15304/Class 4 for the MLK Center Active Transportation Project, and (3) adopt the attached resolution of public use and necessity, which states the public interest and necessity require permanent street easements and right of way for purposes over, under, through and across real property for the construction of a public sidewalk on a portion of South Walnut Avenue and East Grove Avenue; and authorize an eminent domain action to acquire the street easement pursuant to City of Fresno Printed on 3/10/2023Page 1 of 4 powered by Legistar™ 3-9-2023 MA/GB 7-0 R. 2023-057 ADOPTED File #:ID 23-359 Agenda Date:3/9/2023 Agenda #: Grove Avenue;and authorize an eminent domain action to acquire the street easement pursuant to the California Code of Civil Procedure. EXECUTIVE SUMMARY The City of Fresno plans to construct essential bicycle and pedestrian infrastructure around the new State Center Community College District’s (SCCCD)West Fresno Campus and proposed West Creek Village development in Southwest Fresno.The MLK Center Active Transportation Project improvements include a Class I trail,Class II bike lanes,pavement rehabilitation,sidewalk,curb & gutter,traffic signal modifications,and Americans with Disabilities Act (ADA)compliant curb ramps. The project is funded by a federal Congestion Mitigation and Air Quality (CMAQ)grant and local Senate Bill 1 (SB1)Road Maintenance and Rehabilitation Account (RMRA)funds.The improvements will provide essential multimodal options for the college and surrounding area. The acquisition of 3,357 square foot easement and 99 square foot Public Utility Easement from 2487 South Walnut Avenue,with a fair market value of $8,700,is one of two partial acquisitions needed for the project.The project also included multiple right of way dedications by SCCCD and the West Creek Village development.The resolution of public use and necessity authorizes the City Attorney to initiate an eminent domain action and obtain an order of possession of the property.One of the two property owners,Florine Parish,is deceased and the family does not wish to pursue probate at this time.The surviving owner,Ruth McDonald,is in favor of granting the easements to the City.In order to meet the projects grant funding deadlines,the City must obtain the easements,through a court order under the Eminent Domain process.This action requires five affirmative votes and is subject to veto by the Mayor. BACKGROUND The properties surrounding and fronting the new SCCCD West Fresno Campus along the East side of Walnut Avenue,south side of Church Avenue,west side of Martin Luther King Boulevard and north side of Jensen Avenue do not currently have public sidewalks nor any multimodal travel options. With the new college and adjacent West Creek Village development planned in this area,the pedestrian and bicycle infrastructure are essential to this area and part of the Transformative Climate Communities grant. The proposed improvements require a varying amount of right of way in the area.The subject property requires ten feet of right of way in order to construct the proposed twelve-foot sidewalk and ADA compliant curb ramp in accordance with the standards,specifications and policies of the City of Fresno.The public utility easement of 99 square feet is required on the subject property as part of the utility coordination and relocation. The purpose of the street easement is to provide a safe and accessible pedestrian walkway for the public. The 3,357 square foot pedestrian easement and 99 square foot public utility easement to be acquired from a portion of APN:479-050-04 is owned by Ruth McDonald and Florine Parish,with Florine Parish now deceased,has been appraised with a fair market value of $8,700.The City retained Kelly P.Stevens of Real Property Analysts to appraise the property.Mr.Stevens worked under the direction of Tiffany K.V. Mach, MAI. City of Fresno Printed on 3/10/2023Page 2 of 4 powered by Legistar™ File #:ID 23-359 Agenda Date:3/9/2023 Agenda #: There are four tests to meet when approving a Resolution of Necessity: 1. The Public Interest & Necessity require the property for the Project; we know that the public sidewalks and ADA curb ramp are needed because of proposed developments in the area, which will increase the pedestrian usage along the frontage of the properties in the area. 2. The project is planned to be most compatible with the greater good of the public with the least private injury; the installation of a concrete sidewalk and ADA compliant curb ramp will provide for safe commuting in the area. 3. This parcel is necessary to fully complete the project for its intent; this parcel is one of two partial acquisitions needed to complete the walkway, along with multiple dedications from SCCCD and the developer in the area to construct the improvements. 4. The First Written Offers (FWO) were made in compliance with Government Code 7267.2; The First Written Offers were completed and mailed to the property owners on January 3, 2023 The City Attorney’s Office has reviewed and approved the Resolution of Necessity and related documents as to form. ENVIRONMENTAL FINDINGS Staff performed a preliminary environmental assessment (EA No. P21-06568 dated May 17, 2022) of this project and has determined it falls within Sections 15301/Class 1, 15303/Class 3, and 15304/Class 4 under the California Environmental Quality Act (CEQA) Guidelines. The Project will make improvements to existing public facilities to reconstruct pavement, install cub, gutter, and ramps to meet ADA regulations, add signage and striping to include both Class I and Class II bike lanes, adjustment of water valve lids and sewer manhole covers to finished grade, landscaping, and traffic signal modifications. The proposed street improvements are minor, do not constitute an expansion of use, and will improve the public right-of-way without increasing road capacity. The Project involves negligible expansion of the existing use and will have substantially the same purpose. None of the exceptions to the Categorical Exemptions set forth in the CEQA Guidelines, Section 15300.2 apply to this Project. LOCAL PREFERENCE Local preference was not considered because these actions does not include a bid or award of a construction or services contract. FISCAL IMPACT This project is located in Council District 3 and will not impact the General Fund. The project is funded by Federal Congestion Mitigation and Air Quality Improvement (CMAQ) Program funds and the allocated local Senate Bill 1 (SB1) Road Maintenance and Rehabilitation Account (RMRA) funds, as included in the current fiscal year adopted budget. City of Fresno Printed on 3/10/2023Page 3 of 4 powered by Legistar™ File #:ID 23-359 Agenda Date:3/9/2023 Agenda #: Attachments: Environmental Assessment Resolution of Necessity (RON) with Exhibits Agreement for Purchase and Sale Vicinity Map Location Map City of Fresno Printed on 3/10/2023Page 4 of 4 powered by Legistar™ CITY OF FRESNO CATEGORICAL EXEMPTION ENVIRONMENTAL ASSESSMENT APPLICATION NO. P21-06568 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: Brandon Chacon Department of Public Works City of Fresno 2600 Fresno Street Fresno, CA 93721 PROJECT LOCATION: The half-mile block bounded by South Walnut Avenue, East Church Avenue, South Martin Luther King Jr. Boulevard, and East Jensen Avenue as outlined in Exhibit A. PROJECT DESCRIPTION: Environmental Assessment Application No. P21-06568 was filed by Kamaldeep Chahil of The City of Fresno - Public Works Department. This project will consist of curb, gutter and sidewalk, the placement of new asphalt paving, installation of new ADA compliant curb ramps where needed, new signing and pavement striping, adjustment of water valve lids and sewer manhole covers to finished grade, landscaping, traffic signal modification and other design elements necessary and specific to the project location. A Class I trail will be installed on the north side of Jensen, from south Knight Avenue to MLK Jr. Blvd. and the south side of Church from Walnut to MLK Jr. Blvd. A Class II bike path will be installed on Church Avenue, Jensen Avenue, Walnut Avenue and MLK Jr. Blvd, and concrete sidewalks along the west side of MLK Jr. Blvd. between Church and Grove Avenues and along the east side of Walnut Avenue between Church and Grove Avenues. This project is exempt under Section 15301/Class 1, Section 15303/Class 3, and Section 15304/Class 4 of the California Environmental Quality Act (CEQA) Guidelines as follows: Under Section 15301/Class 1, the proposed project is exempt from CEQA requirements when the project 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. The key consideration is whether the project involves negligible or no expansion of use. This includes alterations such as the addition of bicycle facilities, including but not limited to bicycle lanes and other similar alterations that do not create additional automobile lanes. Under Section 15303/Class 3, the proposed project is exempt from CEQA requirements when the project consists of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. This includes street improvements of reasonable length to serve such construction. Under Section 15304/Class 4, the proposed project is exempt from CEQA requirements when the project consists of minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry or agricultural purposes. This includes the creation of bicycle lanes on existing rights-of-way. The proposed project is consistent with the Class 1, Class 3, and Class 4 exemptions because the project is requesting to make improvements to existing public facilities to reconstruct pavement, install curb, gutter, and ramps to meet ADA regulations, add signage and striping to include both Class I and Class II bike lanes, adjustment of water valve lids and sewer manhole covers to finished grade, landscaping, and traffic signal modification. The proposed street improvements are minor, do not constitute an expansion of use, and will improve the public right- of-way without increasing road capacity. The proposed project involves negligible expansion of the existing use and will have substantially the same purpose. None of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, Section 15300.2 apply to the project. Furthermore, the proposed project is not expected to have a significant effect on the environment. A categorical exemption, as noted above, has been prepared for the project and the area is not environmentally sensitive. Date: May 17, 2022 Prepared By: Erik Young, Planner II Submitted by: Ralph Kachadourian Ralph Kachadourian Supervising Planner City of Fresno Planning & Development Department (559) 621-8277 Exhibit A EXHIBIT A EXHIBIT B ______________________________________________________________________________ APN: 479-050-04 (McDonald) Ci ty of Fresno/MLK ATIP/OWNER/Agreement 1 AGREEMENT FOR PURCHASE AND SALE OF PERMANENT STREET AND PUBLIC UTILITY EASEMENTS AND ESCROW INSTRUCTIONS APN 479-050-04 MLK - Active Transportation Infrastructure Program City Project No.: PW00842 Federal Project No.: CML 5060(360) This Agreement for a Permanent Street Easement and Public Utility Easement (“Agreement”) is entered into by and between Ruth McDonald, an unmarried woman, and Florine Parish, an unmarried woman (collectively “Owner”), without regard to number or gender, and the CITY OF FRESNO, a municipal corporation (“City”), for permanent street and public utility easements and right-of-way for public street purposes on the following terms and conditions. 1. The real property which is the subject of this Agreement, hereinafter “Subj ect Property”, is a Permanent Street Easement being approximately 3,357± square feet in size for public street easement, and a Public Utility Easement being approximately 99± square feet in size for public utility easement, to facilitate the Fresno and Browning Intersection Improvement Project (“Project”), situated in the City of Fresno, County of Fresno, State of California, , within Assessor’s Parcel Number 479-050-04, as described on Exhibits “A” and “C” depicted on Exhibits “B” and “D” attached hereto and incorporated herein by reference. 2.Owner agrees to grant to the City a permanent street easement and public utility easement and right of way (“Easements”) for public street and utility purposes over, under, though, and across the Subject Property, free and clear of all liens, encumbrances, and restrictions of record. 3.City shall pay just compensation of EIGHT THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($8,500.00) for the Easements, including cost to cure damages, benefits and/or severance damages to the remainder, if any, as indicated on Exhibit “E”, attached hereto and incorporated herein by ref erence, for the Subject Property. 4.Clause 3 above may include payment for the replacement of improvements such as fencing and/or irrigation facilities that are within the area being acquired for this project and must be replaced in order to proceed with the construction of the project. If Owner does not replace said items, City may install temporary fencing on Owner’s property lying immediately adjacent to the new right of way line, if necessary, to hold in livestock during construction of the road project, and/or plug the irrigation line(s) at Owner’s property line. Owner hereby agrees to allow the City, its agents, employees, authorized contractors and subcontractors and their employees access to their remaining property to perform said work and that the cost for said work shall be billed to and paid for by Owner. 5.The Effective date of this Agreement shall be upon its duly authorized execution by the City and the payment of EIGHT THOUSAND FIVE HUNDRED DOLLARS ($8,500.00) just compensation to the Owner. 6.Owner represents and warrants that it holds fee title to the Subject Property, and has the authority to enter into the Agreement herein made. ______________________________________________________________________________ APN: 479-050-04 (McDonald) Ci ty of Fresno/MLK ATIP/OWNER/Agreement 2 7.Owner agrees to hold the City harmless and reimburse the City for any and all losses and expenses as to the Subject Property by reason of any change in ownership or Lease of said Subject Property held by any tenant of the Owner. 8.The transaction of the sale shall be processed by the City through an internal escrow at 2600 Fresno Street, Fresno, CA 93721. The contact is Colleen Karby at 559-621-8697. a.The City shall pay the Owner the sums due directly by check. b.Payment of said sums, less Owner’s cost to clear title, if any, may be made to Owner only when the City possesses fully executed and acknowledged and recorded easement deeds to the Subject Property free and clear of all liens, encumbrances and restrictions of record. c.The City reserves the right to accept title to the property interest to be acquired by City herein subject to certain defects in a ny or all matters of record title to the property. In consideration for Owner receiving the total sum as stated in Paragraph 3, the undersigned Owner covenants and agrees to indemnify and hold the City harmless from any and all claims and demands third parties may make or assert and causes of action third parties may bring which arise out of or are in connection with the foregoing defects in title to the property. The Owner’s obligation herein to indemnify and hold harmless the City shall not exceed the amount paid to the Owner under specified in Paragraph 3. d.It is understood that Owner shall be responsible for the payment of all taxes, penalties, redemptions, and costs allocable to the Subject Property. e. The escrow fee, cost of policy of title insurance, recording fees (if any), shall be paid by the City. f.Disbursements of the purchase price to be in the amounts, at the times, and in all respects in accordance with the terms and conditions and subject to the limitations of this Agreement. 9.Owner shall indemnify, hold harmless, and defend the City, its officers, agents, employees, and volunteers from any liability, loss, fines, penalties, forfeitures, claims, expenses, and costs, whether incurred by the Owner, City, or any other third party, arising directly or indirectly from the release, presence or disposal of any hazardous substances or materials (as now or hereafter defined in any law, regulation, or rule) in, on, or about the Property on or before the effective date of this Agreement. This indemnity shall include, without limitation, any claims under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (CERCLA), or any other federal, state or local law whether statutory or common law, ordinance, or regulation. Costs or losses covered will include, without limitation, consultants, engineering, investigator fees, clean up or disposal costs and attorneys' fees, and damages. The Owner’s obligation herein to indemnify and hold harmless the City shall not exceed the amount paid to the Owner specified in Paragraph 3. This limitation ______________________________________________________________________________ APN: 479-050-04 (McDonald) Ci ty of Fresno/MLK ATIP/OWNER/Agreement 3 does not preclude the City from bringing a claim against Owner for a loss on the adjacent property. 10. Miscellaneous Provisions: a. Waiver. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. No provision 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. b. Governing Law and Venue. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California. Venue for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement any rights and duties hereunder shall be Fresno, California. c. 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. d.Severability. The provisions of this Agreement are severable. The invalidity, or unenforceability or any one provision in this Agreement shall not affect the other provisions. e.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 any party, but rather by construing the terms in accordance with their generally accepted meaning. f.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. g.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. h.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. i.Exhibits and Attachments. Each Exhibit and Attachment referenced herein is by such reference incorporated into and made a part of this Agreement for all purposes. j.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. ______________________________________________________________________________ APN: 479-050-04 (McDonald) Ci ty of Fresno/MLK ATIP/OWNER/Agreement 4 This Agreement may be modified only by written instrument duly authorized and executed by both the City and the Owner. [SIGNATURE PAGE TO FOLLOW] ______________________________________________________________________________ APN: 479-050-04 (McDonald) Ci ty of Fresno/MLK ATIP/OWNER/Agreement 5 IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno, California, on the Effective date of this Agreement as defined above. OWNER Ruth McDonald, an unmarried woman, and Florine Parish, an unmarried woman _________________________________ Date: _______________ Ruth McDonald _________________________________ Date: _______________ Florine Parish CITY OF FRESNO, a California municipal corporation By: ______________________________ Date: _______________ Scott L. Mozier, P.D. Public Works Director RECOMMENDED FOR APPROVAL: By: ______________________________ Date: _______________ Nancy Bruno Supervising Real Estate Agent APPROVED AS TO FORM: Andrew Janz, City Attorney By: ______________________________ Date: _______________ Deputy ATTEST: Todd Stermer, City Clerk By: ______________________________ Date: _______________ Deputy Attachments: 1. Exhibit “A” 2. Exhibit “B” 3. Exhibit “C” 4. Exhibit “D” 5. Exhibit “E” Whites Bridge MapleBrawleyHerndon Bullard Shaw ClovisFowlerTemperanceWestPalmClovisFowlerTemperanceDe WolfShields McKinley Belmont ChestnutPeachAmerican CedarGrantlandHayesElmEastMarksWestWalnutCorneliaNorth California Jensen Ashlan GrantlandHayesCorneliaBrawleyMarksShaw Bullard Herndon Nees De WolfShields McKinley Belmont California Jensen North Kings Canyon AshlanPeachBehymer Copper Shepherd NeesBlackstoneFirstCedarChestnutGarfieldBryanPolkBlytheValentineVan NessFruitMaroaFresnoMillbrookMapleWillowDakota Clinton Olive Gettysburg Barstow Sierra Alluvial Nielsen Kearney Muscat Annadale Church WillowMinnewawaMalaga OrangeBryanSunnysideArmstrongLocanFigCherryHughesFruitPolkValentineBlytheAlluvial Sierra Barstow Perrin SunnysideArmstrongLocanClinton Olive Tulare Butler Church Annadale DakotaMinnewawaInternational Teague MLK Center Active Transportation Project N 01.530.75 Miles DEPARTMENT OF PUBLIC WORKS VICINITY MAP Project ID: PW00842 Council District: 3 MLK Center Active Transportation Project S Walnut AveS Walnut AveE Grove AveE Grove Ave E Church AveE Church Ave E Byrd AveE Byrd Ave S Knight AveS Knight AveCopyright nearmap 2015 LOCATION MAPN 0 0.025 0.050.0125 Miles DEPARTMENT OFPUBLIC WORKS MLK Center Active Transportation Project Project ID: PW00842 Council District: 3 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-387 Agenda Date:3/9/2023 Agenda #: REPORT TO THE CITY COUNCIL FROM:GEORGEANNE A. WHITE, City Manager Office of Mayor & City Manager SUBJECT WORKSHOP - Presentation by Fresno City Employees Health & Welfare Trust City of Fresno Printed on 3/3/2023Page 1 of 1 powered by Legistar™ 3-9-2023 PRESENTED Workshop March 9, 2023 History of The Trust •Started in 1972 by agreement of the City and its Employee Bargaining Association •Independent Trust Created •Jointly Trusteed -with equal authority for City appointed Trustees and Employee Bargaining Association Trustees •Written Trust Agreement created by the City and its Employee Bargaining Associations Trustees MANAGEMENT TRUSTEE - APPOINTMENT LABOR-BARGAINING ASSOCIATION TRUSTEE – APPOINTMENT Governing Law Non-ERISA Plan but subject to California Trust Law Open Meeting Rules (Brown Act) Affordable Care Act HIPAA Other Federal and State Laws Regulating Health Plans Responsibilities of Trustees •Fiduciary Role/must act prudently in the sole interest of the plan participants •Comply with Federal and State of California Laws regulating the Health Plan •Determine the menu of benefits recognizing the need to maintain the financial stability of the Trust •Vote on all issues regarding the Health Plan •50/50 vote •Special Rule for establishing Contribution Rate Plan Professionals The Law Office of Michael E. Moss •Trust Attorney •Advisor regarding all legal issues impacting the Trust Plan Professionals Rael & Letson •Consultant for the Health and Welfare Plan•Provides input to Trustees regarding Plan design•Benefits•Medical•Dental•Vision•Rx•Other•Vendor Negotiations/Reviews/Renewals/RFP•Contribution Rates•Assist with preparation of Plan Documents/Participant Notices Plan Professionals HealthComp •Administration Office•Manage all aspects of plan administration as directed bythe Board of Trustees•Manage eligibility for individuals identified by the City ofFresno as eligible pursuant to the Plan Document•Customer Service•Claims Administration•Record Keeping•Coordinate Regular and Special Board Meetings•Agenda•Minutes•Board Materials Benefits Comparison Prepared by City of Fresno Personnel Services Department •The below include Employer Plans and not Trust/Taft Hartley Plans. Employer Plans can be more flexible in plan offerings and contributions than Trust/Taft Hartley Plans which can be subject to Collective Bargaining. Benefits Survey Prepared by City of Fresno Personnel Services Department City of Fresno Prepared by City of Fresno Personnel Services Department City of Clovis Prepared by City of Fresno Personnel Services Department Fresno County Prepared by City of Fresno Personnel Services Department Clovis Unified Prepared by City of Fresno Personnel Services Department Fresno Unified Prepared by City of Fresno Personnel Services Department City of Bakersfield Prepared by City of Fresno Personnel Services Department City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-248 Agenda Date:3/9/2023 Agenda #: REPORT TO THE CITY COUNCIL FROM:TYLER MAXWELL, Council President City Council District 4 SUBJECT WORKSHOP from the Fresno Housing Authority. City of Fresno Printed on 3/3/2023Page 1 of 1 powered by Legistar™ 3-9-2023 PRESENTED City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-388 Agenda Date:3/9/2023 Agenda #: 3.-A. REPORT TO THE CITY COUNCIL FROM:GEORGEANNE A. WHITE, City Manger Office of Mayor & City Manager SUBJECT WORKSHOP - Status update on Police Reform Commission Recommendations City of Fresno Printed on 3/3/2023Page 1 of 1 powered by Legistar™ 3-9-2023 PRESENTED Fresno Commission on Police Reform: Recommendations Update Overview 2 •The Commission was formed on June 11, 2020. •On October 29, 2020, the Commission approved a final report that included seventy-three recommendations. Overview 3 •A Police Reform Implementation Team (PRIT) was also established; seven members selected by Council in consultation with the Mayor and one member selected by Mayor. •PRIT created four working groups: 1.Mental Health 2.Citizen Oversight Board 3.Community Programming 4.Discipline •PRIT was responsible to prioritize, develop, and identify the resources to implement the Commission’s recommendations and the manner in which such recommendations may be implemented. Overview 4 •The Commission identified the following eight categories which focus on specific recommendations: 1.Improve Police Oversight 2.Reduce & Reallocate Responsibilities of PD 3.Use of Force 4.Police Culture, Conduct, Bias & Discrimination 5.Ensure FPD Reflects the Community it Serves 6.FPD Fiscal Management; Steward of Public Funds 7.Partnership with Community Organizations 8.Community-Based Prevention Efforts Recommendations Update 5 Improve Police Oversight No.Recommendation Implemented Implemented by City In Process/Partially Implemented Refer to PRIT Working Group Recommendation Declined Support but Outside Area of Responsibility 1 New Civilian Oversight Board (COB) to replace Citizens Public Safety Advisory Board (CPSAB) X 2 Appointment of members to COB X 3 Functions of COB X 4 COB meetings open to public; closed session X 5 Change bodies that provide oversight to PD X 6 Oversight of Office of Independent Review (OIR) X Recommendations Update 6 Reduce & Reallocate Responsibilities of PD No.Recommendation Implemented Implemented by City In Process/Partially Implemented Refer to PRIT Working Group Recommendation Declined Support but Outside Area of Responsibility 7 PD not dispatched to non-violent Mental Health (MH) calls X 8 City/County to have certified paramedics X 9 Bed space for MH juveniles and adults X 10 Dedicated funding for MH professionals X 28 Officers not to respond to low-risk calls X Recommendations Update 7 Reduce & Reallocate Responsibilities of PD No.Recommendation Implemented Implemented by City In Process/Partially Implemented Refer to PRIT Working Group Recommendation Declined Support but Outside Area of Responsibility 43 PD not to contract with school districts X 45 City & FUSD invest tax money in safety programs X 46 Transfer units assigned to other City Departments X Recommendations Update 8 Use of Force No.Recommendation Implemented Implemented by City In Process/Partially Implemented Refer to PRIT Working Group Recommendation Declined Support but Outside Area of Responsibility 11 Revise use of force policy X 12 Use of force only when no other option is viable X 13 Use of Force Policy 300 to comply with SB 230 X 14 Deadly force used only to protect human life X Recommendations Update 9 Use of Force No.Recommendation Implemented Implemented by City In Process/Partially Implemented Refer to PRIT Working Group Recommendation Declined Support but Outside Area of Responsibility 15 Level of force subject to level of resistance X 16 Review officer’s tactical conduct before use of force X 17 Prohibit officers from reaching into moving vehicles X Recommendations Update 10 Police Culture, Conduct, Bias & Discrimination No.Recommendation Implemented Implemented by City In Process/Partially Implemented Refer to PRIT Working Group Recommendation Declined Support but Outside Area of Responsibility 18 COB to develop means to assess PD culture X 19 PD to improve early intervention system (EAS) X 20 All corrective action to be documented in employee file X Recommendations Update 11 Police Culture, Conduct, Bias & Discrimination No.Recommendation Implemented Implemented by City In Process/Partially Implemented Refer to PRIT Working Group Recommendation Declined Support but Outside Area of Responsibility 21 Improve process to make complaints against PD X 22 Greater protections for victims of discrimination X 23 Revise language in Policy 328, Discrimination X Recommendations Update 12 Police Culture, Conduct, Bias & Discrimination No.Recommendation Implemented Implemented by City In Process/Partially Implemented Refer to PRIT Working Group Recommendation Declined Support but Outside of Area of Responsibility 24 Investigations completed in 6 months X 25 Reprimands to remain in employee file for 3 years X 26 Timely investigation of discrimination claims X 27 Behavior/morality clause to limit City liability X 34 City seek revision of qualified immunity X 48 Community input into all PD functions X Recommendations Update 13 Ensure Fresno PD Reflects the Community It Serves No.Recommendation Implemented Implemented by City In Process/Partially Implemented Refer to PRIT Working Group Recommendation Declined Support but Outside Area of Responsibility 29 COB to develop plan for diverse hiring X 30 Eliminate discriminatory hiring practices -Female X 31 Work with colleges to encourage PD careers X 32 COB to review and recommend hiring practices X 33 COB to ensure diverse promotional opportunity X Recommendations Update 14 Fresno PD Fiscal Management; Steward of Public Funds No.Recommendation Implemented Implemented by City In Process/Partially Implemented Refer to PRIT Working Group Recommendation Declined Support but Outside Area of Responsibility 35 Transparency and access to PD operational funds X 36 Community participation in PD budget process X 37 Limit influence of FPOA on PD budget X 38 PD to track liabilities, Workers Comp, expenses by division X 39 PD to disclose updated financials online X 40 PD to analyze work time lost due to leave, Workers Comp X Recommendations Update 15 Fresno PD Fiscal Management; Steward of Public Funds No.Recommendation Implemented Implemented by City In Process/Partially Implemented Refer to PRIT Working Group Recommendation Declined Support but Outside Area of Responsibility 41 Evaluate current Workers Comp and Wellness programs X 42 Evaluate work assigned to Special Units; CSOs X 44 No grants with unsustainable funding source X Recommendations Update 16 Fresno PD Fiscal Management; Steward of Public Funds No.Recommendation Implemented Implemented by City In Process/Partially Implemented Refer to PRIT Working Group Recommendation Declined Support but Outside Area of Responsibility 47 Evaluate effectiveness of Special Units; SWAT etc. X 49 Adopt consistent hourly rates for contract police X 50 PD to develop an Asset Management Plan X Recommendations Update 17 Fresno PD Fiscal Management; Steward of Public Funds No.Recommendation Implemented Implemented by City In Process/Partially Implemented Refer to PRIT Working Group Recommendation Declined Support but Outside Area of Responsibility 51 Commission a survey on asset replacement costs X 52 Consider officers carry own liability insurance X 53 Assessment of paid claims to determine trends X 54 Allocate liability costs by division, unit X 57 Redirect grant funds to community organizations X 58 Use SLESA funds for community violence prevention X Recommendations Update 18 Fresno PD Fiscal Management; Steward of Public Funds No.Recommendation Implemented Implemented by City In Process/Partially Implemented Refer to PRIT Working Group Recommendation Declined Support but Outside Area of Responsibility 59 Ask County to spend AB 109 funds on violence prevention X 60 Shift JAG funds to community organizations X 61 Reallocate Tobacco Grant funds to Code Enforcement X Recommendations Update 19 Partnership with Community Organizations No.Recommendation Implemented Implemented by City In Process/Partially Implemented Refer to PRIT Working Group Recommendation Declined Support but Outside Area of Responsibility 55 Partner with community to improve safety X 56 Disband Homeless Task Force (HTF) & allocate funds to community X Recommendations Update 20 Community-Based Prevention Efforts No.Recommendation Implemented Implemented by City In Process/Partially Implemented Refer to PRIT Working Group Recommendation Declined Support but Outside Area of Responsibility 62 Evaluate the effectiveness of Chaplaincy Program X 63 Establish safe community places for students X 64 Pilot program to deter graffiti under PARCS X 65 Establish social equity for shared mobility programs X 66 Implement a Poverty Action Plan X 67 Invest in programs for students; career opportunity X Recommendations Update 21 Community-Based Prevention Efforts No.Recommendation Implemented Implemented by City In Process/Partially Implemented Refer to PRIT Working Group Recommendation Declined Support but Outside Area of Responsibility 68 Pilot programs to achieve diplomas, AA degrees X 69 Integrate Public Safety into one department X 70 Implement Juvenile diversion strategies X 71 Increase funding for healing circles for juveniles X 72 Support violence prevention; Advance Peace X 73 Partner with other agencies (Ex. homeless) X Recommendations Update 22 Totals Implemented Implemented by City In Process/Partially Implemented Refer to PRIT Working Group Recommendation Declined Support but Outside Area of Responsibility TOTALS (73) 32 6 13 10 7 5 QUESTIONS Response to Reform Recommendations individual officer liability insurance versus the self-insurance approach currently used by the City. Response: This recommendation respectfully will not be adopted as it is cost prohibitive and adverse to recruiting efforts. Recommendation #53: An assessment of each of the cases that resulted in a claim that was paid by the City on behalf of the Department should be conducted to determine if trends in behaviors, units, officers, or other relevant factors are present that result in a liability to the City. The City should implement necessary changes to Department policies to require further mandatory psych ological testing of officers involved in incidents in addition to testing for drugs, alcohol, anabolic steroids, and any other substances which may cause impairment after a critical incident. Response: The Office of Independent Review was asked to provide their input on this recommendation. Please refer to the response in recommendation # 54 for their input. Recommendation #54: The cost of liability claims should be assigned by Division, Section, and Special Units where possible. Response: The City of Fresno Risk Management Division assigns cost of liability claims by Department, Division, Section, and Unit as a matter of practice. Recommendation #55: The City should support a partnership with a local community-based organization. The cost of this new partnership would be about $230,000 annually. The city and the selected CBO will convene a team responsible for developing and initiating a comprehensive and strategic plan to improve the overall safety, health, and wellbeing of the community, leading to the prevention of issues such as Family Violence, Gang Violence, and Sex Trafficking. 27 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-369 Agenda Date:3/9/2023 Agenda #: 3.-B. REPORT TO THE CITY COUNCIL FROM:HENRY THOMPSON, Director of Aviation Airports Department BY:CLAUDIA ARGUELLES-MILLER, Airports Marketing Manager Airports Department LILIA CHAVEZ, Executive Director Fresno Arts Council (FAC) SUBJECT WORKSHOP - Airport Parking Garage Art Installation - Artist and Concept Unveiling (Council District 4) RECOMMENDATION Receive a presentation and unveiling of the artist and concept for the art installation for the FAT Parking Facility. EXECUTIVE SUMMARY Public art and establishing a sense of place has always been a cornerstone of the development of facilities at Fresno Yosemite International Airport. From the iconic Sequoia trees greeting visitors to the mosaic displayed on the face of the main terminal building by artist Raymond Rice symbolizing flight to represent earth and sky. This tradition of public art continues with the development of new facilities at the Airport. The Airport Parking Garage Structure opened to the public in November 2021 adding 921 additional parking spaces and a state-of-the-art, sustainable parking facility. With a focus on the customer experience and those who come to the airport, a public art installation was commissioned for the northside of the facility along the exterior elevator wall. BACKGROUND To ensure the selected artwork represented Fresno and provided an opportunity for local artist participation, the airport partnered with Fresno Arts Council (FAC) to launch and call to artist for the selection of this important piece of work. City of Fresno Printed on 3/3/2023Page 1 of 2 powered by Legistar™ 3-9-2023 PRESENTED File #:ID 23-369 Agenda Date:3/9/2023 Agenda #: 3.-B. A total of 17 artists responded with submissions to the Call to Artists with varying interpretations and concepts for this important piece of art. A panel was convened to rate the various proposals including representation from Airports,Fresno Arts Council, Society of West Coast Artists, and a local artist and art instructor. After extensive review and consideration of the various proposals,the panel identified the artist and work that stood out and represents Fresno. The artist and selected work will be unveiled to the public at the Fresno City Council Meeting on March 9, 2023. ENVIRONMENTAL FINDINGS No environmental impacts from the installation of this artwork. LOCAL PREFERENCE While there was a preference for local Fresno artist participation,the call to artist included proposals from outside the area as well. FISCAL IMPACT The estimated budget for this project, including support by FAC and the artist creative and materials, is estimated at $42,000 and supported by the Airport Enterprise Fund. ATTACHMENT Brief Power Point Presentation City of Fresno Printed on 3/3/2023Page 2 of 2 powered by Legistar™ AIRPORT PARKING GARAGEPUBLIC ARTMARCH 9,2023 NEEDFORPUBLIC ART Welcomes travelers and visitors Supports Beautify Fresno Initiative to create a positive image of Fresno while also fulfilling a public art certification for Parksmart. Public art is a distinguishing part of our public history and our evolving culture. It reflects and reveals our society, adds meaning to our cities, and uniqueness to our communities. It provides an intersection between past, present and future, between disciplines, and between ideas. •State-local partner to California Arts Council and designated by the county board of supervisors to serve Fresno County’s residents. •FAC has history with public art solicitation process. •Airport partnered with FAC because it is a respected arts organization with experience in identifying and selecting art, appropriate payment to artist, selecting appropriate materials for a public art project and locating conservators for public art. •FAC Executive Director, Lilia Chavez, is the immediate past board chair of the California Arts Council, a renowned organization with strong contacts in the arts community locally and statewide. FRESNO ARTS COUNCIL A formal Call to Artists went sent out statewide through the CA Arts Council in June and was promoted through social media and local arts organization as well. Artists were informed the Fresno Airport was seeking a public art piece that would be iconic, serve to welcome travelers and visitors, and celebrate the cultural diversity and spirit of the Central Valley. It was also asked that submitted work consider the existing airport mosaic by Raymond Rice and be complimentary since the artworks would be facing each other on exterior walls. A formal proposal from artists was requested. Artists were asked to submit a statement of their artistic vision, concept and budget, examples of past work demonstrating experience in large scale public art and references. 4 17 artist submission were received. 3 2 1 •The panel reviewed 17 submissions and rated them based on the scoring criteria. •Scoring criteria consisted of appropriateness of art, artist ability, budget and experience. •The 3 top scoring artists were interviewed by the selection panel. After the interviews were conducted, the panelists discussed the artwork and scores and unanimously agreed on an artist. •FAC staff assisted in an advisory capacity. PANELISTS Jesus Sepulvida // Artist & President of the Society of West Coast Artists SJV Chapter Ellen Arm our // Artist, Development & Marketing Director of Fresno Philharmonic & Board President of Fresno Arts Council Mark Davis // Airports Planning Manager Vikkie Calderon / / Airp ort Med ia & Pub lic Relations Officer Claudia Arguelles -Miller // Airport Marketing Manager & Airport Arts & Culture Program Manager REVIEW PROCESS ARTIST INTRODUCTION AND UNVEILING AIRPORT PARKING GARAGEPUBLIC ARTMARCH 9,2023 NEEDFORPUBLIC ART Welcomes travelers and visitors Supports Beautify Fresno Initiative to create a positive image of Fresno while also fulfilling a public art certification for Parksmart. Public art is a distinguishing part of our public history and our evolving culture. It reflects and reveals our society, adds meaning to our cities, and uniqueness to our communities. It provides an intersection between past, present and future, between disciplines, and between ideas. •State-local partner to California Arts Council and designated by the county board of supervisors to serve Fresno County’s residents. •FAC has history with public art solicitation process. •Airport partnered with FAC because it is a respected arts organization with experience in acquiring public art. •FAC Executive Director, Lilia Chavez, is the immediate past board chair of the California Arts Council, a renowned organization with strong contacts in the arts community locally and statewide. FRESNO ARTS COUNCIL A formal Call to Artists went sent out statewide through the CA Arts Council in June and was promoted through social media and local arts organization as well. Artists were informed the Fresno Airport was seeking a public art piece that would be iconic, serve to welcome travelers and visitors, and celebrate the cultural diversity and spirit of the Central Valley. It was also asked that submitted work consider the existing airport mosaic by Raymond Rice and be complimentary since the artworks would be facing each other on exterior walls. A formal proposal from artists was requested. Artists were asked to submit a statement of their artistic vision, concept and budget, examples of past work demonstrating experience in large scale public art and references. 4 17 artist submission were received. 3 2 1 •The panel reviewed 17 submissions and rated them based on the scoring criteria. •Scoring criteria consisted of appropriateness of art, artist ability, budget and experience. •The 3 top scoring artists were interviewed by the selection panel. After the interviews were conducted, the panelists discussed the artwork and scores and unanimously agreed on an artist. •FAC staff assisted in an advisory capacity. PANELISTS Jesus Sepulvida // Artist & President of the Society of West Coast Artists SJV Chapter Ellen Arm our // Artist, Development & Marketing Director of Fresno Philharmonic & Board President of Fresno Arts Council Mark Davis // Airports Planning Manager Vikkie Calderon / / Airp ort Med ia & Pub lic Relations Officer Claudia Arguelles -Miller // Airport Marketing Manager & Airport Arts & Culture Program Manager REVIEW PROCESS ARTIST INTRODUCTION AND UNVEILING Artist Caleb Duarte Caleb has held numerous solo exhibitions and created iconic public artwork across the globe including in Mumbai, India, Chiapas, Mexico, Santiago de Chile, Cuba, Montreal, Canada, Frankfurt, Germany and Pienza, Italy. Caleb is also a tenured Professor of Sculpture at Fresno City College Introducing Proposed concept Front View Material DetailSide View Outline CONCEPT "YOU HAVE ARRIVED" City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-380 Agenda Date:3/9/2023 Agenda #: 5.-A. CLOSED SESSION ITEM SUBJECT CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) Terance Frazier, et al. v. City of Fresno, et al.; United States District Court Case No.: 1:20-CV-01069 City of Fresno Printed on 3/3/2023Page 1 of 1 powered by Legistar™ 3-9-2023 TABLED TO 3-30-2023 NO DISCUSSION City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-393 Agenda Date:3/9/2023 Agenda #: 5.-B. CLOSED SESSION ITEM SUBJECT CONFERENCE WITH LEGAL COUNSEL- POTENTIAL EXPOSURE TO LITIGATION: Government Code Section 54956.9(d)(2): Central Valley NMTC Fund, LLC., v. City of Fresno City of Fresno Printed on 3/3/2023Page 1 of 1 powered by Legistar™ 3-9-2023 TABLED TO 3-30-2023 NO DISCUSSION City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-392 Agenda Date:3/9/2023 Agenda #: 5.-C. CLOSED SESSION ITEM March 9, 2023 SUBJECT CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) Marlene Riofrio v. City of Fresno Fresno Superior Court Case No. 21CECG00254 City of Fresno Printed on 3/3/2023Page 1 of 1 powered by Legistar™ 3-9-2023 DISCUSSED City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-406 Agenda Date:3/9/2023 Agenda #: 5.-D. CLOSED SESSION ITEM March 9, 2023 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) City of Fresno Printed on 3/3/2023Page 1 of 1 powered by Legistar™ 3-9-2023 DISCUSSED City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-399 Agenda Date:3/9/2023 Agenda #: 5.-E. CLOSED SESSION ITEM SUBJECT CONFERENCE WITH LEGAL COUNCIL - POTENTIAL EXPOSURE TO LITIGATION: Government Code Section 54956.9(d)(2): Bakman Water Company v. City of Fresno City of Fresno Printed on 3/3/2023Page 1 of 1 powered by Legistar™ 3-9-2023 DISCUSSED City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-405 Agenda Date:3/9/2023 Agenda #:5.-F. CLOSED SESSION ITEM SUBJECT CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) Laborers International Union of North America, Local Union 294 v. City of Fresno; Fresno Superior Court Case No. 22CECG03719 City of Fresno Printed on 3/3/2023Page 1 of 1 powered by Legistar™ 3-9-2023 DISCUSSED WITH REPORTS OUT FOR THE PUBLIC