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2019-06-20 Council Agenda Packet
Thursday, June 20, 2019 9:00 AM City of Fresno 2600 Fresno Street Fresno, CA 93721 www.fresno.gov Council Chambers City Council Meeting Agenda - Final-revised Regular Meeting June 20, 2019City Council Meeting Agenda - Final-revised The Fresno City Council welcomes you to City Council Chambers, located in City Hall, 2nd Floor, 2600 Fresno Street, Fresno, California 93721. The City of Fresno’s goal is to comply with the Americans with Disabilities Act (ADA) in all respects. The meeting room is physically accessible. If, as an attendee or participant at the meeting, you need additional accommodations such as interpreters, signers, assistive listening devices, or the services of a translator, please contact the Office of the City Clerk at (559) 621-7650 or clerk@fresno.gov. To ensure availability, you are advised to make your request at least 48 hours prior to the meeting. The agenda and related staff reports are available at www.fresno.gov, as well as in the Office of the City Clerk. The Council meeting can be viewed live on Comcast Channel 96 and AT&T Channel 99 from 9:00 a.m. and is re-played beginning at 8:00 p.m.. The meeting can also be viewed online at https://fresno.legistar.com. PROCESS: For each matter considered by the Council there will first be a staff presentation followed by a presentation from the involved individuals, if present. Testimony from those in attendance will then be taken. All testimony will be limited to three minutes per person. If you would like to speak fill out a Speaker Request Form available from the City Clerk’s Office and in the Council Chambers. The three lights on the podium next to the microphone will indicate the amount of time remaining for the speaker. The green light on the podium will be turned on when the speaker begins. The yellow light will come on with one minute remaining. The speaker should be completing the testimony by the time the red light comes on and tones sound, indicating that time has expired. A countdown of time remaining to speak is also displayed on the large screen behind the Council dais. No documents shall be accepted for Council review unless they are submitted to the City Clerk at least 24 hours prior to the Council Agenda item being heard. Following is a general schedule of items for Council consideration and action. The City Council may consider and act on an agenda item in any order it deems appropriate. Actual timed items may be heard later but not before the time set on agenda. Persons interested in an item listed on the agenda are advised to be present throughout the meeting to ensure their presence when the item is called. AGENDA ITEMS MARKED WITH AN ASTERISK (***) ARE SUBJECT TO MAYORAL VETO OR RECONSIDERATION Page 2 City of Fresno ***Subject to Mayoral Veto June 20, 2019City Council Meeting Agenda - Final-revised El Consejo de la Ciudad de Fresno da la bienvenida al City Council Chambers, ubicado en la Alcaldía (City Hall), do piso, 2600 Fresno Street, Fresno, California 93721. El objetivo de la Ciudad de Fresno es cumplir con la Ley de Americanos con Discapacidades (ADA) en todo aspecto. La sala para juntas es físicamente accesible. Si usted, como asistente o participante de la junta, necesita acomodaciones adicionales coma intérpretes, lenguaje de señas, aparatos auditivos, o los servicios de un traductor, por favor comuníquese con la Oficina del Secretario Municipal llamando al (559) 621-7650 o al clerk@fresno.gov. Para asegurarse de la disponibilidad, se le recomienda llamar y hacer su petición por lo menos 48 horas antes de la junta. La agenda y los reportes de personal correspondientes están disponibles en el www.fresno.gov, o en la Oficina del Secretario Municipal. Las juntas del Municipio se pueden ver en el Canal 96 de Comcast y el Canal 99 de AT&T a las 9:00 a.m. y otra vez empezando a las 8:00 p.m. La junta también se puede ver en el internet en el https://fresno.legistar.com PROCESO: Por cada asunto que escuche el Consejo Municipal, habrá una presentación del personal seguida por una presentación de los individuos involucrados, si están presentes. El testimonio de los presentes se escuchará entonces. Todo testimonio se limitará a tres minutos por persona. Si usted desea hablar, Ilene la hoja para pedir hablar disponibles en la oficina del Secretario Municipal y en la Sala Consistorial. Las tres luces en el atril junto al micrófono indicarán cuanto tiempo le queda al orador. La luz verde en el atril se prenderá cuando el orador comience. La luz amarilia se prenderá cuando quede un minuto. El orador debería estar concluyendo su testimonio cuando la luz roja prenda y ci sonido indique que se acabo su tiempo. La cantidad del tiempo que queda también aparecerá en la pantalla grande atrás del Consejo Municipal. No se aceptarán documentos para que repase el Consejo Municipal a menos que se sometan al Secretario Municipal por lo menos 24 horas antes de que se escuche la Agenda del Consejo Municipal. Este es el horario general de temas para la consideración y acción del Consejo Municipal. El consejo Municipal pudiera considerar y tomar acción en un artículo de la Agenda en el orden que considere adecuado. Artículos con una hora fijada se pueden escuchar después de la hora indicada pero no antes de la hora Page 3 City of Fresno ***Subject to Mayoral Veto June 20, 2019City Council Meeting Agenda - Final-revised indicada en la agenda. Se les recomienda a las personas que estén interesadas en un artículo de la agenda, que estén presentes durante toda la junta para asegurar su presencia cuando se presente ese artículo. LOS ARTICULOS MARCADOS CON TRES ASTERISCOS (***) ESTAN SUJETOS A UN VETO POR PARTE DEL ALCALDE O UNA RECONSIDERACION Tso Fresno City Council tos txais koj rau City Council Chambers, nyob rau hauv City Hall, 2nd Floor, 2600 Fresno Street, Fresno, California 93721. Lub hom phiaj ntawm nroog Fresno yuav ua kom tau txhua yam raw li txoj cai American with Disabilities Act (ADA) kom fwm txhua tus. Lub rooj sab laj txhua tus yuav tsum muaj feem koom kom tau, txawm yog cov tuaj koom, cov muaj feem rau lub rooj sab laj, yuav tsum kom muaj kev pab rau sawv daws xws li txhais lus, piav tes, tej twj mloog pob ntseg los yog ib tug txhais lus, thov hu rau Office of the City Clerk ntawm (559) 621-7650 los sis clerk@fresno.gov. Yuav kom paub tseeb tias npaj tau rau koj, koj yuav tsum tau hais ua ntej 48 xuab moos ntawm lub rooj sab laj. Daim ntawv kom tswj thiab tej ntaub ntawv cov ua dej num yuav coj los ceeb tshaj muaj nyob rau ntawm www.fresno.gov, los sis ntawm Office of the City Clerk. Council lub rooj sab laj saib pom rau hauv Comcast tshooj 96 thiab AT&T tshooj 99 thaum 9:00 teev sauv ntxoov thiab rov tso tawm thaum 8:00 teev tsaus ntuj. Lub rooj sab Iaj kuj saib tau online at https://fresno.legistar.com. TXUAS NTXIV: Txhua nqe laj txheej yuav tau pom zoo los ntawm cov council ua ntej thiab yuav tau muaj ib tug staff los cej luam dhau ntawd cov uas muaj feem cuam mam los cej luam ib tug zuj zus, yog tuaj nyob rau ntawd. Dhau ntawd yuav tso rau sawv daw los tawrn suab, ib leeg twg yuav los tawm suab tsuas pub peb(3) nas this xwb. Yog koj xav los tawm suab, mus sau rau daim ntawv (Speaker Request Form) muaj nyob rau hauv City Clerk's Office thiab nyob rau huav Council Chambers. muaj peb(3) lub teeb nyob rau ntawm lub podium uas puab rau ntawm lub (microphone) qhia tias tus neeg hais lus muaj sij haum ntev Ii cas xwb. Lub teeb ntsuab ntawm lub podium yuav cig thaum tus hais lus pib hais. Lub teeb daj yuav cig thaum tshuav ib(1) nas this. Tus hais lus yuav tsum hais kom tas rau thaum lub teeb liab cig thiab lub tswb nrov, qhia tias sij haum tas lawm. lb qhov ntxiv nyob rau saum daim (screen) loj loj dai rau tom cov council nrob qaurn yuav pom lub sij hawm dhia qis zuj zus los mus. Page 4 City of Fresno ***Subject to Mayoral Veto June 20, 2019City Council Meeting Agenda - Final-revised Cov council yuav tsis txais ib yam ntaub ntawv los saib ntxiv tshwj tsis yog twb muab xa rau City Clerk 24 teev thiab muab tso rau hauv daim kom tswj ua ntej council yuav los mloog tej xwm txheej. Dhau ntawd yuav muab sij hawm rau cov council los soj ntsuam thiab ua tes dej num, Coy tswv zos (City Council) yuav los ntsuam xyuas thiab leg raws tej nqe hauv daim kom tswj yog pom tias yam twg yuav tsim nyog. Mam muab lub sij hawm los xyuas raws tej txheej txheem tom qab tiam si yuav tsis yog ua ntej raws Ii daim kom tswj tau teev tseg. Cov uas txaus siab rau tei laj txheej uas tau teev tseg rau hauv daim kom tswj, xav kom nyob kom dhau lub rooj sab laj kom thaum hu txog nws thiaj nyob rau ntawd YOG QHOV MUAJ PEB LUB HNUB QUB (***) NYOB RAU HAUV DAIM KOM TSWJ YUAV RAUG MAYORAL VETO LOS SIS ROV SOJ NTSUAM DUA Page 5 City of Fresno ***Subject to Mayoral Veto June 20, 2019City Council Meeting Agenda - Final-revised 9:16 A.M. ROLL CALL Invocation by Pastor Andrew Smith of the Bridge Church Pledge of Allegiance to the Flag APPROVE AGENDA APPROVE MINUTES ID19-1397 Approval of minutes for June 13, 2019. Sponsors:Office of the City Clerk ID19-1885 Approval of minutes of the June 10, 2019 Special Meeting Notice and Budget minutes of June 10, and June 11, 2019 Sponsors:Office of the City Clerk CEREMONIAL PRESENTATIONS ID19-1897 Fresno Regional Workforce Development Board's 1st Quarter Award Winner. Sponsors:Vice President Caprioglio ID19-1909 Presentation by the Central California Blood Center Sponsors:Councilmember Bredefeld COUNCILMEMBER REPORTS AND COMMENTS 1. CONSENT CALENDAR All Consent Calendar items are considered to be routine and will be treated as one agenda item. The Consent Calendar will be enacted by one motion. Public comment on the Consent Calendar is limited to three (3) minutes per speaker. There will be no separate discussion of these items unless requested by a Councilmember, in which event the item will be removed from the Consent Calendar and will be considered as time allows. 1-A ID19-1747 Actions pertaining to the Dakota Avenue and West Avenue Traffic Signal Modification - Bid File 3614 (Council District 1) 1.Adopt a finding of Categorical Exemption per staff ’s determination, pursuant to Section 15301(c) of the Page 6 City of Fresno ***Subject to Mayoral Veto June 20, 2019City Council Meeting Agenda - Final-revised California Environmental Quality Act Guidelines (CEQA) 2.Award a Construction Contract to Sturgeon Electric California, LLC, of Chino, CA in the amount of $438,933 Sponsors:Public Works Department 1-B ID19-1820 Actions pertaining to the Water Mains Installation in the Vicinity of Airways Golf Course - Bid File 3661 (Council District 4) 1.Adopt a finding of Categorical Exemption per staff ’s determination, pursuant to Class 2 Section 15302(c) (Replacement or Restoration) of the California Environmental Quality Act Guidelines 2. Award a construction contract in the amount of $482,472 to West Valley Construction Company, Inc ., of Fresno, California as the lowest responsive and responsible bidder Sponsors:Public Works Department 1-C ID19-1878 ***BILL NO. B-15 - (Intro. 6/13/2019) (For adoption) - Amending portions of the City Purchasing, Contracts and Sales Ordinance to update Chapter 4, Article 5 of the Fresno Municipal Code - Design Build Contracts to include qualification based methods of procurement. (Subject to Mayor’s veto) Sponsors:Airports Department 1-D ID19-1854 Actions related to an Aviation Land and Building Lease and Agreement with Flight Level Aviation, LLC.: 1.Adopt a finding of Categorical Exemption pursuant to Section 15301/Class 1 (Existing Facilities) of the California Environmental Quality Act Guidelines 2.Approve a Lease between the City of Fresno and Flight Level Aviation, LLC., to operate as a Fixed Based Operator and related aviation operations at Fresno Chandler Executive Airport (Council District 3) Sponsors:Airports Department 1-E ID19-1761 Approve the award of a cooperative purchase agreement to Quinn Company of Fresno, California, for the purchase of one Caterpillar 914M wheel loader in the amount of $143,895 Sponsors:Department of Transportation 1-F ID19-1906 Actions related to adoption of the revised Sewer System Management Plan: 1.Adopt a finding that this approval is covered by the common sense exemption set forth in CEQA Guidelines Page 7 City of Fresno ***Subject to Mayoral Veto June 20, 2019City Council Meeting Agenda - Final-revised Section 15061(b)(3) and that there is no possibility that it will have a significant effect on the environment. 2.Adopt the 2019 Revision of the Sewer System Management Plan as required by the Statewide General Waste Discharge Requirements for Sanitary Sewer Systems (Citywide) Sponsors:Department of Public Utilities 1-G ID19-1901 ***RESOLUTION - Repealing Resolution No. 2017-339 and Clarifying Procedures for Retention and Production of Public Records Contained in Electronic Media (Subject to Mayor’s veto) Sponsors:Information Services Department 1-H ID19-1902 Actions related to the First Amendments to the Service Agreements with Mid-Valley Recycling, LLC, and Cedar Avenue Recycling and Transfer Station, LP (Citywide): 1. Approve a First Amendment to the Service Agreement with Mid-Valley Recycling, LLC 2. Approve a First Amendment to the Service Agreement with Cedar Avenue Recycling and Transfer Station, LP Sponsors:Department of Public Utilities SCHEDULED COUNCIL HEARINGS AND MATTERS 9:00A.M.#1 CONTINUED BUDGET HEARING ID19-1917 Vote on Motions and Directions Sponsors:City Council 9:00 A.M.#2 - JOINT MEETING OF THE FRESNO REVITALIZATION CORPORATION AND CITY OF FRESNO IN ITS CAPACITY AS HOUSING SUCCESSOR TO THE REDEVELOPMENT AGENCY. ID19-1797 Receive Annual Report and Approve FY 19-20 Program Income Budget for the City of Fresno in its capacity as Housing Successor to the Redevelopment Agency of the City of Fresno Sponsors:Successor Agency to the Redevelopment Agency of the City of Fresno Page 8 City of Fresno ***Subject to Mayoral Veto June 20, 2019City Council Meeting Agenda - Final-revised 9:00 A.M.#3 - Actions on the Fiscal Year 2020 Budget and related items - CONTINUED FROM June 11, 2019 A.ID19-1869 ***RESOLUTION - Council adoption of the Fiscal Year 2019-2020 City of Fresno budget including the Annual Appropriations Resolution (Subject to Mayor’s veto) Sponsors:Office of Mayor & City Manager B.ID19-1822 ***BILL - (For introduction and adoption) - Adoption of Property Tax Override Ordinance (Subject to Mayor’s veto) Sponsors:Office of Mayor & City Manager C.ID19-1871 ***RESOLUTION - Adopt the FY 2020 Position Authorization Resolution (Subject to Mayor’s veto) Sponsors:Office of Mayor & City Manager D.ID19-1832 ***RESOLUTION - Adopt the Fiscal Year 2020 Salary Resolution (Subject to Mayor’s veto) Sponsors:Personnel Services Department E.ID19-1870 ***RESOLUTION - FY 2020 GANN Appropriation Limit Resolution (Subject to Mayor’s veto) Sponsors:Office of Mayor & City Manager F.ID19-1765 ***RESOLUTION - To Adopt an Investment Policy for Public Funds for Fiscal Year 2019-2020 (Subject to Mayor’s Veto) Sponsors:Finance Department 10:00 A.M. ID19-1808 TEFRA HEARING - To hear and consider information concerning the proposed issuance of tax -exempt bonds by the California Enterprise Development Authority for the purpose of financing the development, construction, installation, equipping and furnishing of two facilities by United Health Centers of the San Joaquin Valley, and certain other matters relating thereto 1.***RESOLUTION - A Resolution of the Council of the City of Fresno, California, approving the issuance by the California Enterprise Development Authority of not to exceed $12,000,000 aggregate principal amount of the California Enterprise Development Authority ’s Revenue Bonds for the purpose of financing the cost of developing, constructing, installing, equipping and furnishing two facilities for the benefit of United Health Page 9 City of Fresno ***Subject to Mayoral Veto June 20, 2019City Council Meeting Agenda - Final-revised Centers of the San Joaquin Valley, and other matters relating thereto herein specified (Requires 5 affirmative votes) (Subject to Mayor’s veto) Sponsors:Finance Department 10:05 A.M.#1 ID19-1895 HEARING to consider Amendments to Conditional Use Permit No. C-16-033, located on the southwest corner of East Belmont and North Van Ness Avenues. (Council District 3) 1.AMEND Conditional Use Permit No. C-16-033 to establish a Type 20 alcohol license (Package Store - sale of beer and wine for consumption off the premises where sold) to temporarily allow a net increase of one liquor license in Census Tract 6, the area in which the project is located, for no more than nine months, conditioned upon the operator purchasing another liquor license from within that Census Tract to transfer it outside of the City within that nine months. Sponsors:Planning and Development Department 10:05 A.M.#2 ID19-1904 CONTINUED HEARING to Consider Adoption of the 551st Amendment to the Master Fee Schedule Resolution No. 80-420 to Increase Fire Facility Impact Fees (Fire Impact Fees); Acceptance and Adoption of the Public Review Draft Nexus Study Reports for the Fire Impact Fee Program (Citywide). 1.Adopt a Finding of Statutory Exemption that a Fire Facilities Impact Fee update is exempt pursuant to Public Resources Code Section 21080(b)(8) and Section 15273 of the California Environmental Quality Act (CEQA) Guidelines. 2.***RESOLUTION - 551st Amendment to the Master Fee Schedule Resolution No. 80-420 to Adjust Citywide Fire Impact Fees. (Subject to Mayor’s Veto) 3.RESOLUTION - Establishing Findings Pursuant to California Government Code Sections 65961 and 66498.1(c)(1), Finding that Failure to Impose the Increased Fire Impact Fee on New Development, Including Approved Vesting Tentative Maps, Would Place Future and Existing Residents in a Condition Dangerous to Their Health and Safety. Sponsors:Public Works Department and Fire Department Page 10 City of Fresno ***Subject to Mayoral Veto June 20, 2019City Council Meeting Agenda - Final-revised 10:15 A.M. ID19-1834 HEARING to consider adoption of resolutions related to the designation of properties to the Local Register of Historic Resources 1.***RESOLUTION - Designating the George Riddell Miller Home located at 617 E Carmen Avenue, Fresno, California to the Local Register of Historic Resources (Council District 1) (Subject to Mayor’s veto) 2.***RESOLUTION - Designating the Bixler Vapor Dry Cleaning Company Building located at 2049 Broadway, Fresno, California to the Local Register of Historic Resources (Council District 3) (Subject to Mayor’s veto) Sponsors:Planning and Development Department 10:30 A.M. ID19-1842 HEARING to Consider Adoption of the 552nd Amendment to the Master Fee Schedule Resolution No. 80-420 to Add, Adjust, or Delete Various Development Fees Associated with the Current Planning and Building Divisions of the Development and Resource Management Department (Citywide). 1.***RESOLUTION - 552nd Amendment to the Master Fee Schedule No. 80-420, Making Various Changes to the Regulatory, Development, and User Fees in the Current Planning and Building and Safety Services Division of the Development And Resource Management Department (Subject to Mayor’s veto) Sponsors:Planning and Development Department 1:30 P.M. CONTESTED CONSENT CALENDAR 3. GENERAL ADMINISTRATION 3-A ID19-1858 Approve use of Fresno Municipal Code Section 4-502(d), Design Build Qualification Method of procurement for the FATforward Terminal Expansion and Parking Structure Projects at Fresno Yosemite International Airport Sponsors:Airports Department 3-B ID19-1816 Approve an Agreement with Tutor Perini/Zachry/Parsons, a Joint Venture (TPZP) for City of Fresno Plan Review and Construction Page 11 City of Fresno ***Subject to Mayoral Veto June 20, 2019City Council Meeting Agenda - Final-revised Management Services Related to the California High Speed Rail Project (Council Districts 1, 2, and 3). Sponsors:Public Works Department 3-C ID19-1821 Actions pertaining to the Traffic Signal Installation Project at Bullard Avenue and Grantland Avenue - Bid File 3628 (Council District 2) 1.Adopt a finding of Categorical Exemption per staff ’s determination, pursuant to Section 15301(c) of the California Environmental Quality Act Guidelines (CEQA) 2.Approve an Inter-fund Loan Agreement between the Developer Cash-in-Lieu Improvements Fund and the Cash-in-Lieu Loan Fund, pursuant to Article VI of the City of Fresno Reserve Management Act and Article IV of the Taxpayer Protection Act, providing for a $803,000 loan 3.Award a Construction Contract to American Paving Co ., of Fresno, CA in the amount of $553,617, and authorize the Public Works Director or Designee to sign a standardized contract on behalf of the City Sponsors:Public Works Department 3-D ID19-1756 Actions pertaining to Initiating Proceedings and Declare Intention to Levy the Annual Assessment for the City of Fresno Landscaping and Lighting Maintenance District No. 1; and setting the public hearing for July 25, 2019 at 10:00 a.m. (Citywide) 1.RESOLUTION - Initiating proceedings for the annual levy of assessment 2.RESOLUTION - Of Intention to levy and collect the annual assessment Sponsors:Public Works Department 3-E ID19-1795 Actions pertaining to the Ashlan Avenue Overlay Project from West Avenue to Valentine Avenue - Bid File No 3607 (Council District 1) 1.Adopt a finding of Categorical Exemption per staff determination, pursuant to Section 15301(c) of the CEQA guidelines 2.Award a construction contract in the amount of $1,325,116.60 to Dave Christian Construction Co., Inc. Sponsors:Public Works Department 3-F ID19-1864 ***RESOLUTION - Adopting a Resolution to Establish Priorities in Addressing Homelessness (Subject to Mayor’s Veto) Page 12 City of Fresno ***Subject to Mayoral Veto June 20, 2019City Council Meeting Agenda - Final-revised Sponsors:Mayor's Office, Councilmember Chavez, Councilmember Arias and Councilmember Bredefeld 3-G ID19-1872 Approve Agreement with Focus Strategies in the amount of $155,000 for Homeless Emergency Aid Program Project Management Services Sponsors:Mayor's Office, Councilmember Chavez, Councilmember Arias and Councilmember Bredefeld 3-H ID19-1855 Award a service contract to Partners In Control, Inc ., dba Enterprise Automation, in the amount of $622,069 for the City of Fresno’s Tank 3 Surface Water Treatment Facility CitectSCADA/Wonderware Historian Upgrade and Configuration Integration (Council District 4) (RFP 3658) Sponsors:Department of Public Utilities 3-I ID19-1856 Actions pertaining to the design of the Recycled Water Distribution System, Southwest Quadrant (Council District 3 and Fresno County) 1.Approve the Fourth Amendment to the Professional Consultant Services Agreement with Blair, Church & Flynn Consulting Engineers, in the amount of $285,900 2.Authorize the Director of Public Utilities, or designee, to sign the Fourth Amendment on behalf of the City of Fresno Sponsors:Department of Public Utilities 3-J ID19-1859 Actions pertaining to the Recycled Water Transmission Main, Southwest Quadrant, Project SW4 (Bid File 3505) (Council Districts 3 and 7): 1.Award a construction contract to Teichert Construction, in the amount of $12,740,399 2.Authorize the Director of Public Utilities, or designee, to sign the contract on behalf of the City of Fresno Sponsors:Department of Public Utilities 3-K ID19-1860 Actions pertaining to the Recycled Water Transmission Main, Southwest Quadrant, Project SW1D (Bid File 3504-2) (Council District 3 and County): 1.Award a construction contract to Emmett ’s Excavation, Inc., in the amount of $13,153,194 2.Authorize the Director of Public Utilities, or designee, to Page 13 City of Fresno ***Subject to Mayoral Veto June 20, 2019City Council Meeting Agenda - Final-revised sign the contract on behalf of the City of Fresno Sponsors:Department of Public Utilities 3-L ID19-1903 Approval of a Third Amendment to the Agreement entered between the City of Fresno and the Central California Society for the Prevention of Cruelty to Animals. Sponsors:Office of Mayor & City Manager 4. CITY COUNCIL ID19-1907 Actions pertaining to an ordinance adding Section 11-113 of the Fresno Municipal Code, relating to an expedited, streamlined permitting process for Electric Vehicle Charging Stations. 1. Adopt a finding pursuant to CEQA Guidelines 15061(b)(3) that there is no possibility that this approval will have a significant effect on the environment. 2. BILL - (For introduction)- Adding Section 11-113 of the Fresno Municipal Code, relating to an expedited, streamlined permitting process for Electric Vehicle Charging Stations. Sponsors:Councilmember Arias 5. CLOSED SESSION 5-A ID19-1880 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Government Code Section 54956.9, subdivision (d)(2): 1. Claim of Davis Moreno Construction Sponsors:City Attorney's Office 5-B ID19-1908 CONFERENCE WITH LABOR NEGOTIATORS - Government Code Section 54957.6 City Negotiators: Jeffrey Cardell, Ken Phillips 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) 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 Page 14 City of Fresno ***Subject to Mayoral Veto June 20, 2019City Council Meeting Agenda - Final-revised (Fire Management) 9. City of Fresno Professional Employees Association (CFPEA) 10. City of Fresno Management Employees Association (CFMEA) 11. Operating Engineers, Local Union No. 3, Fresno Airport Public Safety Supervisors (FAPSS) 12. Operating Engineers, Local Union No. 3, Fresno Airport Public Safety Officers (FAPSO) 13. Unrepresented Employees in Unit 2 (Non-Represented Management and Confidential Classes): Airport Public Safety Manager Assistant City Attorney Assistant City Manager Assistant Controller Assistant Director Assistant Director of Personnel Services Assistant Director of Public Utilities Assistant Director of Public Works Assistant Police Chief Assistant Retirement Administrator Budget Analyst Budget Manager Chief Assistant City Attorney Chief Information Officer Chief of Staff to Councilmember Chief of Staff to the Mayor City Attorney City Attorney Investigator City Clerk City Engineer City Manager Community Coordinator Community Outreach Specialist Controller Council Assistant Deputy City Attorney II Deputy City Attorney III Deputy City Manager Director Director of Aviation Director of Development Director of Personnel Services Director of Public Utilities Director of Transportation Page 15 City of Fresno ***Subject to Mayoral Veto June 20, 2019City Council Meeting Agenda - Final-revised Economic Development Coordinator Economic Development Director Executive Assistant to Department Director Executive Assistant to the City Attorney Executive Assistant to the City Manager Fire Chief Governmental Affairs Manager Human Resources Manager Independent Reviewer Internal Auditor Investment Officer Labor Relations Manager Management Analyst II Payroll Accountant Payroll Manager Police Chief Principal Budget Analyst Principal Internal Auditor Public Affairs Officer Public Works Director Retirement Administrator Retirement Benefits Manager Senior Budget Analyst Senior Deputy City Attorney I Senior Deputy City Attorney II Senior Deputy City Attorney III Senior Human Resources/Risk Analyst Senior Law Clerk Supervising Deputy City Attorney Sponsors:Personnel Services Department PLEASE NOTE: UNSCHEDULED COMMUNICATION IS NOT SCHEDULED FOR A SPECIFIC TIME AND MAY BE HEARD ANY TIME DURING THE MEETING UNSCHEDULED COMMUNICATION Members of the public may address the Council regarding items that are not listed on the agenda and within the subject matter jurisdiction of the Council. Each person is limited to a three (3) minute presentation. Anyone wishing to be placed on an agenda for a specified topic should contact the City Clerk’s Office at least ten (10) days prior to the desired date. Council action on unscheduled items, if any, shall be limited to referring the item to staff for a report and possible scheduling on a future Council agenda. Page 16 City of Fresno ***Subject to Mayoral Veto June 20, 2019City Council Meeting Agenda - Final-revised ADJOURNMENT UPCOMING SCHEDULED COUNCIL HEARINGS AND MATTERS July 25, 2019 10:00 A.M. - HEARING pertaining to Initiating Proceedings and Declare Intention to Levy the Annual Assessment for the City of Fresno Landscaping and Lighting Maintenance District No. 1; (Citywide) August 15, 2019 10:00 A.M. - Vacation of a portion of Elgin Avenue and James Avenue, between Golden State Boulevard and State Route 99 (Council District 2). August 15, 2019 10:05 AM #1- 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. 101 (Final Tract Map No. 5631) (west side of North Polk Avenue between West Gettysburg and Ashlan Avenues) (Council District 1) August 15, 2019 10:05 AM #2 - HEARING to adopt resolutions and ordinance to annex territory and levy a special tax regarding City of Fresno Community Facilities District No. 9, Annexation No. 40 (R-P East Development Assessor’s Parcel Number 330-021-03) (east side of South East Avenue north of East Central Avenue) (Council District 3) August 15, 2019 10:05 AM #3 - 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. 40 (Final Tract Map No. 5587) (northwest corner of West McKinley and North Brawley Avenues) (Council District 3) August 15, 2019 10:10 A.M. - TEFRA Hearing for the CSCDA relating to Pleasant Village Apartments located at 3669 North Pleasant Avenue FY 2020 SCHEDULED BUDGET HEARINGS June 27, 2019 - 9:00 A.M. (Budget hearing is part of the regular Council meeting) (Reserved for Final Vote, if needed) UPCOMING EMPLOYEE CEREMONIES Page 17 City of Fresno ***Subject to Mayoral Veto June 20, 2019City Council Meeting Agenda - Final-revised July 24, 2019 (Wednesday) - 10:00 A.M. - Employee of the Summer Quarter October 23, 2019 (Wednesday) – 10:00 A.M. - Employee of the Fall Quarter November 20, 2019 (Wednesday) –2:00 P.M. - Employee Service Awards 2019 CITY COUNCIL MEETING SCHEDULE JUNE 27 - 9:00 A.M. MEETING JULY 4 - NO MEETING JULY 11 - NO MEETING JULY 18 - 9:00 A.M. MEETING JULY 25 - 9:00 A.M. MEETING AUGUST 1 - NO MEETING AUGUST 8 - NO MEETING AUGUST 15 - 9:00 A.M. MEETING AUGUST 22 - 9:00 A.M. MEETING AUGUST 29 - NO MEETING Page 18 City of Fresno ***Subject to Mayoral Veto City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID19-1397 Agenda Date:6/20/2019 Agenda #: REPORT TO THE CITY COUNCIL June 20, 2019 SUBJECT Approval of minutes for June 13, 2019. City of Fresno Printed on 3/17/2023Page 1 of 1 powered by Legistar™ Thursday, June 13, 2019 9:00 AM City of Fresno 2600 Fresno Street Fresno, CA 93721 www.fresno.gov Council Chambers City Council President - Paul Caprioglio Vice President - Miguel Angel Arias Councilmembers: Esmeralda Z. Soria, District 2 - Vacant, Luis Chavez, Garry Bredefeld, Nelson Esparza City Manager - Wilma Quan City Attorney - Douglas T. Sloan City Clerk - Yvonne Spence, MMC Meeting Minutes - Draft Regular Meeting June 13, 2019City Council Meeting Minutes - Draft The City Council met in regular session in the Council Chambers, City Hall on the date and time written above. 9:03 A.M. ROLL CALL President Paul Caprioglio Vice President Miguel Angel Arias Councilmember Esmeralda Z. Soria Councilmember Luis Chavez Councilmember Garry Bredefeld Councilmember Nelson Esparza Present:6 - Invocation by member of the public, Andy Hansen-Smith. Pledge of Allegiance to the Flag APPROVE AGENDA City Clerk Spence announced the following changes to the agenda: File ID 19-1774 (1-AA) ***Resolution - adopt the Sewer System Management Plan 2019 update as recommended by the Statewide General Waste Discharge requirements for sanitary sewer collection systems (Citywide) (Subject to Mayor's veto) this item was removed from the agenda by staff, File ID 19-1815 (4-C) - Resolution - initiating a text amendment to the Zoning Ordinance of the City of Fresno to add chapter 15, article 24, section 15-2424 of the Fresno Municipal Code relating to an expedited, streamlined permitting process for Electric Vehicle Charging Stations, pursuant to Fresno Municipal Code Section 15-1503-A1, this item was removed from the agenda by staff, File ID 19-1792 (10:00 A.M. #1) - TEFRA Hearing - to hear and consider information concerning the proposed issuance of tax-exempt bonds by the California Enterprise Development Authority for the purpose of financing the development, construction, installation, equipping and furnishing of two facilities. The hearing listed an amount of $180 million but the amount was corrected to $195 million. On motion of Councilmember Chavez, seconded by Councilmember Soria, that the above be adopted as amended. The motion carried by the following vote: Aye:Caprioglio, Arias, Soria, Chavez, Bredefeld and Esparza6 - APPROVE MINUTES City of Fresno ***Subject to Mayoral Veto Page 2 June 13, 2019City Council Meeting Minutes - Draft ID19-1396 Approval of minutes for May 16, 2019. On motion of Councilmember Soria, seconded by Councilmember Chavez, that the above Action Item be approved. The motion carried by the following vote: Aye:Caprioglio, Arias, Soria, Chavez, Bredefeld and Esparza6 - ID19-1833 Approval of Budget minutes for June 3, 2019 and June 6, 2019. On motion of Councilmember Soria, seconded by Councilmember Chavez, that the above Action Item be approved. The motion carried by the following vote: Aye:Caprioglio, Arias, Soria, Chavez, Bredefeld and Esparza6 - CEREMONIAL PRESENTATIONS THE BELOW PROCLAMATIONS WERE PRESENTED ID19-1768 Proclamation of “Retired Fresno Police Officer Jouroyan” ID19-1608 Presentation of the SPCA Pet of the Month ID19-1753 Presentation of a $25,000 check from PG&E to offset costs associated with operation of the cooling centers. ID19-1655 Government Finance Officers Association ’s Distinguished Budget Presentation Award Recognition, Budget and Management Studies ID19-1853 Proclamation of “Immigration Heritage Month” PLEASE NOTE: UNSCHEDULED COMMUNICATION IS NOT SCHEDULED FOR A SPECIFIC TIME AND MAY BE HEARD ANY TIME DURING THE MEETING UNSCHEDULED COMMUNICATION Upon call, the following members of the public addressed Council: David Love, Rev. Tim Kutzmark, Jim Grant, Paul White, Aaron Foster, Pastor Joby Jones and Ashley Rojas. Council Vice President Arias thanked the members of the public for addressing Council regarding the Advance Peace Program. City of Fresno ***Subject to Mayoral Veto Page 3 June 13, 2019City Council Meeting Minutes - Draft Council Vice President Arias motioned to fund $300,000 to the Advance Peace Program. Councilmember Esparza seconded the motion. Councilmember Esparza and Councilmember Soria thanked the members of the public for addressing Council and supports the Advance Peace program. Councilmember Bredefeld expressed his disagreement with Council Vice President Arias' comments regarding the Police Department. COUNCILMEMBER REPORTS AND COMMENTS Council President Caprioglio congratulated Dr. Castro and the Fresno State Class of 2019 for their record number of graduates. He announced Saturday, June 8, 2019 was a kick ball tournament at Troy Center and thanked the North East Police Department and bike unit for their help. Councilmember Esparza announced he attended the following: Grand opening of Lotus Kitchen located on Cedar Avenue, Fresno Philharmonic Link up concert at the Saroyan Theater, First 5 of Fresno County townhall regarding Early Childhood Eduction and the Merchants Association of Fresno - Fresno State picnic for Blackstone. He presented a proclamation for the "Asian-American Pacific Islander Month" at Chuckchansi Park. He stated he will be attending the University of California San Francisco (UCSF) Commencement for 2019 at the Saroyan Theater, Thursday, June 13, 2019. Councilmember Soria congratulated all classes of 2019 and thanked all the educators for all their hard work. She thanked the City of Fresno and their partners for opening the cooling centers and stated there are free FAX rides to travel to the cooling centers from 12-8PM. She spoke regarding the upcoming Blue space located at Edison, Fresno, Hoover, Sunnyside and Roosevelt High Schools. She asked the Administration about the Weed Abatement program and wanted to know how the issues are being addressed. City Manager Quan replied. 1. CONSENT CALENDAR Council Vice President Arias left the meeting at 10:09 A.M. City of Fresno ***Subject to Mayoral Veto Page 4 June 13, 2019City Council Meeting Minutes - Draft Councilmember Bredefeld registered a no vote on item 1-M On motion of Councilmember Soria, seconded by President Caprioglio, the below CONSENT CALENDAR items were adopted. The motion carried by the following vote: Aye:Caprioglio, Soria, Chavez, Bredefeld and Esparza5 - Absent:Arias1 - 1-A ID19-1666 Approve the Solutions Agreement with Superion LLC (Superion) to renew software hosting, maintenance, and support services annually for five years in an amount not to exceed $225,000 per year. 1-B ID19-1628 ***RESOLUTION - Repealing Resolution No. 2017-339 and Clarifying Procedures for Retention and Production of Public Records Contained in Electronic Media (Subject to Mayor’s veto) The above item was removed from the agenda by Council Vice President Arias and continued to June 20, 2019. 1-C ID19-1456 Actions relating to the purchase of on-board vehicle traffic signal priority equipment 1.Award a sole source purchase agreement to Opticom/Global Traffic Technologies in the amount of $223,844.33 for the purchase of on-board vehicle traffic signal priority equipment 2.RESOLUTION - Approve an exception to formal bidding procedures and awarding a sole source contract for on-board vehicle traffic signal priority equipment RESOLUTION 2019-108 ADOPTED 1-D ID19-1634 Actions relating to the purchase of traffic signal priority technology 1.Award a sole source purchase agreement to Opticom/Global Traffic Technologies in the amount of $210,205.73 for the purchase of traffic signal priority technology 2.RESOLUTION - Approve an exception to formal bidding procedures and awarding a sole source agreement for traffic signal priority technology RESOLUTION 2019-109 ADOPTED 1-E ID19-1721 Approve the award of a cooperative purchase agreement to Pape Kenworth of Fresno, CA, for the purchase of six Kenworth T300 trucks in the amount of $435,983 1-F ID19-1714 Action pertaining to non-transient motels: 1.***BILL NO. B-14 - (Intro 5/16/2019) (For adoption) - Adding Article 18 City of Fresno ***Subject to Mayoral Veto Page 5 June 13, 2019City Council Meeting Minutes - Draft to Chapter 10 of the Fresno Municipal Code adopting a non-transient motel inspection program. (Subject to Mayor’s veto) The above item was pulled from the Consent Calendar by Council President Caprioglio and moved to Contested Consent for further discussion. 1-G ID19-1752 Approve the Appointment of Lucio Avila to the Bicycle and Pedestrian Advisory Committee (BPAC) 1-H ID19-1773 Approve the appointment of Alysia Bonnez to the Fresno Regional Workforce Development Board 1-I ID19-1814 Approve the appointment of Pablo Villagrana to the City of Fresno Capital Projects Oversight Board 1-J ID19-1868 ***RESOLUTION - Amending and restating Resolution 2007-110 establishing the Finance and Audit Committee (Subject to Mayor’s veto) RESOLUTION 2019-110 ADOPTED 1-K ID19-1825 Approve the appointment of S. Matthew Cunningham to the Fresno Madera Area on Aging Board. 1-L ID19-1649 Actions pertaining to the Building and Safety Services Division professional plan check services: 1.Approve the Seventh Amendment to extend the current Consultant Services Agreement between Brooks Ransom and Associates and the City of Fresno until September 30, 2019 and to increase the contract amount by an additional $30,000. 2.Approve the Seventh Amendment to extend the current Consultant Services Agreement between Interwest and the City of Fresno until September 30, 2019. The above item was pulled from the Consent Calendar by Councilmember Esparza and moved to Contested Consent for further discussion. 1-M ID19-1690 Approve a consultant services agreement between the City of Fresno and Quad Knopf, Inc., to prepare an Environmental Impact Report evaluating the proposed regulation and permitting of commercial cannabis activities not to exceed the amount of $300,000. On motion of Councilmember Soria, seconded by President Caprioglio, that the above Action Item be approved. The motion carried by the following vote: Aye:Caprioglio, Soria, Chavez and Esparza4 - No:Bredefeld1 - City of Fresno ***Subject to Mayoral Veto Page 6 June 13, 2019City Council Meeting Minutes - Draft Absent:Arias1 - 1-N ID19-1764 Actions pertaining to California Health and Safety Code Sections 13146.2 and 13146.3: 1.Approve the measure of compliance of the Fresno Fire Department for certain occupancies in the City of Fresno. 2.RESOLUTION - Acknowledging receipt of a report made by the Fire Chief of the Fresno Fire Department regarding annual inspections of certain occupancies. The above item was pulled from the Consent Calendar by Councilmember Soria and moved to Contested Consent for further discussion. 1-O ID19-1746 Approve an agreement for professional engineering services with Provost & Pritchard Engineering Group for $67,500 plus $10,000 for contingencies for design and construction support services for the Chestnut Avenue Overlay Project from Bullard Avenue to Herndon Avenue (Council District 6) 1-P ID19-1459 ***RESOLUTION - 33rd Amendment to the Annual Appropriation Resolution No. 2018-157 appropriating $20,000 to commence design work for the Shaw Avenue and Maple Avenue Pedestrian Scramble and Cycle Track Project (Requires 5 affirmative votes) (Subject to Mayor ’s veto) (Council District 4) RESOLUTION 2019-111 ADOPTED 1-Q ID19-1743 Approve the acquisition of a 1,311 square foot street easement at the northeast corner of West Clinton and North Valentine Avenues for $35,400 in monetary consideration (Council District 3) 1-R ID19-1798 Actions pertaining to the Installation of 16” Water Main in West Shaw Avenue from 570’ East of Veterans Blvd. to Bryan Ave. - Project Bid File No. 3659 (Council District 1) 1.Adopt finding of Categorical Exemption pursuant to Class 3 Section 15303(d) (new construction) of the California Environmental Quality Act (CEQA) Guidelines for the Installation of 16” Water Main in West Shaw Avenue from 570’ East of Veterans Blvd. to Bryan Ave. 2.Award a construction contract to West Valley Construction Company, Inc. of Fresno, CA, in the amount of $173,885 for the Installation of 16” Water Main in West Shaw Avenue from 570’ East of Veterans Blvd. to Bryan Ave. 1-S ID19-1749 Approve Contract Change Order Number 6 to the Blackstone Avenue and Shields Avenue Intersection Improvements project construction contract with American Paving Company of Fresno California, to increase the total City of Fresno ***Subject to Mayoral Veto Page 7 June 13, 2019City Council Meeting Minutes - Draft construction contract amount by $140,000 and add sixty working days of contract time (Bid File 3488) (Council District 7) The above item was pulled from the Consent Calendar by Councilmember Esparza and moved to Contested Consent for further discussion. 1-T ID19-1758 RESOLUTION - Approving the Final Map of Tract No. 5913 and accepting dedicated public uses offered therein except for dedications offered subject to City acceptance of developer installed required improvements - between South Armstrong Avenue, South Temperance Avenue, East California Avenue Alignment and East Butler Avenue (Council District 5) RESOLUTION 2019-112 ADOPTED 1-U ID19-1802 1.***Approve a Side Letter of Agreement with the Fresno City Employees Association (FCEA) representing Unit 3 which provides for equity increases for various classifications (Subject to Mayor’s Veto) 2.***RESOLUTION - 12th Amendment to FY 2019 Salary Resolution No. 2018-159, amending Exhibit 3, Unit 3, Non-Supervisory White Collar (FCEA) to implement a previously approved wage increase and to implement phase two of the 2018 Classification and Compensation agreement with FCEA (Subject to Mayor’s Veto) 3.***Approve a Side Letter of Agreement with the Fresno City Employees Association (FCEA) representing Unit 3 which amends provisions of the Memorandum of Understanding (MOU) between the City and FCEA regarding Uniform Allowances and the Health Reimbursement Arrangement (HRA) (Subject to Mayor’s Veto) 4.***Approve a Side Letter of Agreement with the Fresno City Employees Association (FCEA) representing Unit 3 which outlines agreement for the Development and Resource Management (DARM) department to proceed with contracting out work for the Third Party Plan Review program and Plan Check work as necessary (Subject to Mayor’s Veto) RESOLUTION 2019-113 ADOPTED 1-V ID19-1803 ***Approve a Side Letter of Agreement with the City of Fresno Professional Employees Association (CFPEA), representing Unit 13-1 and 13-2, Unit 3 which outlines agreement for the Development and Resource Management (DARM) department to proceed with Third Party Plan Check Review and the contracting of Plan Check work as necessary (Subject to Mayor’s Veto) 1-W ID19-1674 Actions pertaining to a lease agreement, to lease property for Special Investigation Bureau offices located at 5051-5059 E. McKinley. City of Fresno ***Subject to Mayoral Veto Page 8 June 13, 2019City Council Meeting Minutes - Draft 1.Adopt a finding of Categorical Exemption Class 1/Section 15301 (Existing Facilities) of the California Environmental Quality Act Guidelines 2.Approve a lease agreement between the City of Fresno and HR, LLC, a California limited liability company, to lease property for Special Investigation Bureau offices located at 5051-5059 E. McKinley. The above item was pulled from the Consent Calendar by Council Vice President Arias and moved to Contested Consent for further discussion. 1-X ID19-1720 Approve the Workforce Innovation and Opportunity Act (WIOA) Mandated Partner Memorandum of Understanding (MOU) between the Fresno Regional Workforce Development Board (FRWDB) and the State of California Employment Development Department (EDD) 1-Y ID19-1771 Approve and authorize the Mayor to execute the Fresno Regional Workforce Development Board’s application through the California Workforce Development Board (State Board) for Local Board Certification for the period of July 1, 2019, to June 30, 2021. 1-Z ID19-1766 Approval of a First Amendment to the Agreement entered between the City of Fresno and the SMG for a six-month extension. The above item was pulled from the Consent Calendar by Council Vice President Arias and moved to Contested Consent for further discussion. 1-AA ID19-1774 ***RESOLUTION - Adopt the Sewer System Management Plan 2019 update as recommended by the Statewide General Waste Discharge requirements for sanitary sewer collection systems (Citywide) (Subject to Mayor’s Veto) The above item was removed from the agenda by staff. 1-BB ID19-1775 Actions related to the First Amendments to the Service Agreements with Mid-Valley Recycling, LLC, and Cedar Avenue Recycling and Transfer Station, LP (Citywide): 1. Approve a First Amendment to the Service Agreement with Mid -Valley Recycling, LLC 2. Approve a First Amendment to the Service Agreement with Cedar Avenue Recycling and Transfer Station, LP The above item was removed from the agenda by Council Vice President Arias and continued to June 20, 2019. 1-CC ID19-1777 Actions pertaining to Plant Nitrate Assessment and Treatment City of Fresno ***Subject to Mayoral Veto Page 9 June 13, 2019City Council Meeting Minutes - Draft Evaluation/Selection at the Regional Wastewater Reclamation Facility (Council District 3) 1.Adopt a finding of Categorical Exemption pursuant to Class 6, Section 15306 of the California Environmental Quality Act Guidelines 2.Approve consultant services agreement with Carollo Engineers in an amount not to exceed $399,082 1-DD ID19-1778 Actions pertaining to Furnish and Install Intelligent Transportation System Fiber Optic Facilities at the Northeast Surface Water Treatment Facility (Bid File 3643) (Council District 6): 1.Adopt a finding of Categorical Exemption pursuant to Class 1/Section 15301 (Existing Facilities) and Class 3/Section 15303 (New Construction or Conversion of Small Structures) of the California Environmental Quality Act Guidelines 2.***RESOLUTION - 41st Amendment to the Annual Appropriation Resolution No. 2018-157 to appropriate $227,500 to fully fund the award of a contract and staff support costs to furnish and install intelligent transportation system fiber optic facilities at the Northeast Surface Water Treatment Facility (Requires 5 affirmative votes) (Subject to Mayor’s veto) 3.Award a construction contract to Kertel Communications, Inc ., dba Sebastian, in the amount of $259,772 RESOLUTION 2019-114 ADOPTED 1-EE ID19-1780 Reject the bid proposal for Lift Station 14 Rehabilitation (Bid File 3625) (Council District 2) 1-FF ID19-1784 Actions pertaining to construction of 850 linear feet of Water Main Installation for the Mono Street and H Street Downtown Water Main Enhancements project (Council District 3): 1.Adopt findings of Section 15282 (Other Statutory Exemptions) of the California Environmental Quality Act Guidelines 2.Award a construction contract to Dawson -Mauldin LLC, in the amount of $349,049.55 1-GG ID19-1843 Authorize the City Manager to execute an Amended and Restated Biomethane Purchase and Sales Agreement with Colony Energy Partners, LLC. 1-HH ID19-1794 Actions pertaining to well site improvements at Pump Station 241-2, located at 2529 North Barton Avenue (Bid File 3649) (Fresno County and Council District 7) 1.Adopt a finding of Categorical Exemption pursuant to Section 15301/Class 1 and Section 15303/Class 3 of the California Environmental Quality Act Guidelines City of Fresno ***Subject to Mayoral Veto Page 10 June 13, 2019City Council Meeting Minutes - Draft 2.Award a construction contract to Smith Construction Company, Inc ., in the amount of $366,890.38 1-II ID19-1799 Actions pertaining to North Avenue sewer trunk main emergency repair (Council District 5): 1.Adopt a finding of Categorical Exemption pursuant to Class 1, Section 15301(b) (Existing Facilities) and Section 15301(d) (Restoration or Rehabilitation) of the California Environmental Quality Act Guidelines 2.***RESOLUTION - Declaring an urgent necessity for the preservation of life, health, property, and authorizing the Purchasing Manager of the Finance Department, or designee, to contract with Floyd Johnston Construction Co ., Inc., without advertised competitive bidding for the emergency repair of the North Avenue sewer trunk main (Requires 5 votes) (Subject to Mayor’s Veto) 3.Award a construction contract to Floyd Johnston Construction Co ., Inc., in the amount of $450,000 RESOLUTION 2019-115 ADOPTED 1-JJ ID19-1800 Approve a Fourth Amendment to the Agreement with Provost and Pritchard Engineering Group, Inc., amending the scope of work for Engineering Design and Feasibility Analysis for Removal of 1,2,3-Trichloropropane from Groundwater Wells (Citywide) 2. SCHEDULED COUNCIL HEARINGS AND MATTERS 10:00 A.M.#1 ID19-1792 TEFRA HEARING - To hear and consider information concerning the proposed issuance of Revenue Bonds by California Municipal Finance Authority (CMFA) for the purpose of financing and refinancing the acquisition, construction, furnishing and equipping of The Terraces at San Joaquin Gardens 1.***RESOLUTION - Approving the issuance by the CMFA of Multifamily Housing Revenue Bonds, Series 2019 (HumanGood) in an aggregate principal not to exceed $195 million for the purpose of financing and refinancing the acquisition, construction, furnishing and equipping of The Terraces at San Joaquin Gardens and certain other matters relating thereto (Subject to Mayor’s veto). The item was called to order at 10:11 A.M. Council Vice President Arias returned to Council at 10:11 A.M. City of Fresno ***Subject to Mayoral Veto Page 11 June 13, 2019City Council Meeting Minutes - Draft The above item was introduced to Council by Principal Accountant Hardcastle, Finance Department. Upon call, the following members of the public addressed Council: Jay Justice Lima and Rod Anaforian. RESOLUTION 2019-116 ADOPTED On motion of Councilmember Bredefeld, seconded by Councilmember Chavez, that the above Action Item be adopted. The motion carried by the following vote: Aye:Caprioglio, Arias, Soria, Chavez, Bredefeld and Esparza6 - 10:00 A.M.#2 ID19-1770 Essay on Fresno; Homelessness by Kahlan Fitzcharles PRESENTED 10:05 A.M.#1 SCHEDULED COMMINCATION ID19-1826 Appearance by Gary Doesekle to discuss the homeless issues by the Convention Center. (Speaker resides in District 4) DID NOT APPEAR 10:10 A.M. ID19-1863 Appearance by Gidai Maaza and Cesar CasaMayor to discuss the Measure Cannabis Business tax and the need to define the regulations. Mr. CasaMayor spoke regarding the Measure Cannabis Business tax and the need to define the regulations. APPEARED 10:00 A.M.#3 ID19-1807 WORKSHOP - Update regarding Proposition 68 California State-wide Grant Opportunities for Quigley Park, Radio Park and new park development at Orangewood and Church Avenue The above workshop was presented to Council by Assistant Director City of Fresno ***Subject to Mayoral Veto Page 12 June 13, 2019City Council Meeting Minutes - Draft Chamberlin, PARCs Department. PRESENTED 10:05 A.M.#2 ID19-1748 HEARING to Consider Adoption of the 551st Amendment to the Master Fee Schedule Resolution No. 80-420 to Increase Fire Facility Impact Fees (Fire Impact Fees); Acceptance and Adoption of the Public Review Draft Nexus Study Reports for the Fire Impact Fee Program (Citywide). 1.Adopt a Finding of Statutory Exemption that a Fire Facilities Impact Fee update is exempt pursuant to Public Resources Code Section 21080(b)(8) and Section 15273 of the California Environmental Quality Act (CEQA) Guidelines. 2.***RESOLUTION - 551st Amendment to the Master Fee Schedule Resolution No. 80-420 to Adjust Citywide Fire Impact Fees. (Subject to Mayor’s Veto) 3.RESOLUTION - Establishing Findings Pursuant to California Government Code Sections 65961 and 66498.1(c)(1), Finding that Failure to Impose the Increased Fire Impact Fee on New Development, Including Approved Vesting Tentative Maps, Would Place Future and Existing Residents in a Condition Dangerous to Their Health and Safety. The item was called to order at 10:41 P.M. The above item was introduced to Council by Assistant Director Benelli, Public Works Department. Council President Caprioglio expressed his concerns with the amount of the fee increase. He asked staff to come up with a way for fees to be gradually increased. He asked if there are existing buildings that can be converted into a fire station and stated he can not support the fee increase at a 142%. He spoke regarding more police substations in the new areas and stated District 4 is being neglected as services continue to grow out. Assistant Director Benelli and Director Mozier responded. Upon call, the following members of the public addressed Council: Andy Hansen-Smith and Jay Justice Lima. Council Vice President Arias expressed his concerns with the fire fee increase while actively the City of Fresno is waiving fire fees from several City of Fresno ***Subject to Mayoral Veto Page 13 June 13, 2019City Council Meeting Minutes - Draft businesses. City Manager Quan requested a list of fees being waived from last years. Director Mozier responded. Council Vice President Arias asked in the past two years of the fees being waived how much more money from the general fund did the City of Fresno put into Capital Public Safety Facilities and asked how many more fire and police stations does public safety need. He stated that there were 31 projects that have been waived. He spoke regarding the need for fees to be increased but does not agree with waiving fees from the bigger companies while the smaller businesses have to make up the gap in increased fees. He stated he does not support the item as presented. Staff responded. Councilmember Soria asked if comparisons have been done with the surrounding areas. Deputy Chief Semonious responded. She requested a comparison from other cities regarding the impact fees and what will be proposed in the near future for residents. Councilmember Chavez spoke regarding the support of the BIA and stated there needs to be a policy conversation on what the comfort level of the Council is, so there are no longer mixed messages. He directed the Administration to provide Council with information regarding Ulta and the numbers of jobs provided. Council Vice President Arias requested to include the City of Fresno's economic strategy and zip codes of those employed. Assistant City Manager Sumpter responded a memo will be provided shortly. Mayor Brand stated if the fee is not approved, approximately 1400 homes west of 99 will be effected and the reason for the high increase is due to impact fees not being increased in the past years. He spoke regarding the City of Fresno's economy growth due to Amazon and Ulta and stated impact fees should be addressed every five years rather than ten. Councilmember Chavez directed staff to include a break down of the tax cut that the City of Fresno, School Districts and County of Fresno gets. City Manager Quan responded. Councilmember Bredefeld spoke regarding the IDeferred Fee Program and asked what is the purpose of the program. He asked if the IDeferred is for local business and stated he supports the program and the big businesses like GAP, Amazon and Ulta coming to Fresno and employing City of Fresno residents. City of Fresno ***Subject to Mayoral Veto Page 14 June 13, 2019City Council Meeting Minutes - Draft Councilmember Soria stated City of Fresno residents should have first opportunities to the businesses like Amazon and Ulta and would like a copy of zip codes of the employed residents. She stated she supports economic development in the City of Fresno. Councilmember Soria left the meeting at 11:36 P.M. Mayor Brand requested the item be continued to June 20, 2019. On motion of Councilmember Bredefeld, seconded by Councilmember Chavez, that the above Action Item be continued to June 20, 2019. The motion carried by the following vote: Aye:Arias, Chavez, Bredefeld and Esparza4 - No:Caprioglio1 - Absent:Soria1 - 10:15 A.M. ID19-1181 (REFERRED BACK TO STAFF) HEARING to Consider Plan Amendment Application No. P18-03569, Rezone Application No. P18-03569, Modification of Zoning Conditions Application No. P18-03569 and related Environmental Assessment No . P18-03659 filed by Jeff Roberts of Assemi Group, Inc. These applications pertain to approximately 6.9 acres of property located on the corner of North Colonial and West San Jose Avenues. (Council District 2) 1.ADOPT CEQA Environmental Assessment No. P18-03569, a Mitigated Negative Declaration dated May 22, 2019. 2.RESOLUTION - Approving Plan Amendment Application No. P18- 03569 proposing to amend the Fresno General Plan and the Bullard Community Plan planned land use for ±1.0 acre of property at the northeast corner of North Colonial and West San Jose Avenues from Residential Medium Density to Regional Mixed-Use. 3.BILL (For introduction and adoption) - Approving Rezone Application No. P18-03569 requesting authorization to rezone ±1.0 acre of property at the northeast corner of North Colonial and West San Jose Avenues from RS-5/EQ (Residential Single Family/Equine Overlay) to RMX (Regional Mixed-Use) zoning. to modify conditions of zoning on ±3.8 acres at the northwest corner of North Colonial and West San Jose Avenues, and to modify conditions of zoning on ±2.1 acres south of West San Jose Avenue at North Colonial Avenue. City of Fresno ***Subject to Mayoral Veto Page 15 June 13, 2019City Council Meeting Minutes - Draft The above item was referred back to staff and removed from the agenda. 5:00 P.M. - CONTINUED TO JUNE 27, 2019 AT 5:00 P.M. ID19-1716 CONTINUED HEARING to consider initiation of the Specific Plan of the West Area, pertaining to approximately 7,077 acres in the West Development Area of the Fresno General Plan, filed by the Development and Resource Management Department Director 1.RESOLUTION - Initiating the Specific Plan of the West Area Draft Land Use Map and Guiding Principles and the corresponding amendment of the General Plan, and repeal or amendment of the West Area Community Plan and Highway City Neighborhood Specific Plan pertaining to approximately 7,077 acres located in the West Development Area to allow for future adoption of the Specific Plan of the West Area pursuant to Fresno Municipal Code Sections 15-5803-C and 15-4902-B. The above item was continued to June 27, 2019 at 5:00 P.M. 3. GENERAL ADMINISTRATION 3-A ID19-1719 BILL - (For introduction) - Amending portions of the City Purchasing, Contracts and Sales Ordinance to update Chapter 4, Article 5 of the Fresno Municipal Code - Design Build Contracts to include qualification based methods of procurement. Council Vice President Arias left the meeting at 11:40 A.M. The above item was introduced to Council by Director Meikle, Airports Department. Upon call, the following member of the public addressed Council: Jay Justice Lima BILL -15 INTRODUCED AND LAID OVER On motion of President Caprioglio, seconded by Councilmember Chavez, that the above Ordinance be approved. The motion carried by the following vote: Aye:Caprioglio, Chavez, Bredefeld and Esparza4 - Absent:Arias and Soria2 - City of Fresno ***Subject to Mayoral Veto Page 16 June 13, 2019City Council Meeting Minutes - Draft 3-B ID19-1767 Approval of a Third Amendment to the Agreement entered between the City of Fresno and the Central California Society for the Prevention of Cruelty to Animals. The above item was removed from the agenda by Council Vice President Arias and continued to June 20, 2019. 3-C ID19-1742 Actions pertaining to the award of a requirements contract to Calaveras Materials, Inc., of Fresno, California in the amount of $2,838,662.75 for the purchase of Asphalt Concrete Material. Bid File No. 9469 (City Wide) Council Vice President Arias returned to the meeting at 11:41 A.M. Upon call, there was no Council discussion and no public comment. APPROVED On motion of Vice President Arias, seconded by Councilmember Chavez, that the above Action Item be approved. The motion carried by the following vote: Aye:Caprioglio, Arias, Chavez, Bredefeld and Esparza5 - Absent:Soria1 - 3-D ID19-1759 RESOLUTION - Authorizing the submission of a grant application for $10,540,582 from the United States Department of Transportation ’s (USDOT) Better Utilizing Investments to Leverage Development (BUILD) Program for the Veterans Boulevard Interchange, Extension and Grade Separation Project and Authorizing the Execution of All Grant Application Documents by the Public Works Director or Designee (Council District 2) Upon call, there was no Council discussion and no public comment. RESOLUTION 2019-117 ADOPTED On motion of Councilmember Chavez, seconded by Vice President Arias, that the above Action Item be adopted. The motion carried by the following vote: Aye:Caprioglio, Arias, Chavez, Bredefeld and Esparza5 - Absent:Soria1 - 3-E ID19-1754 Actions pertaining to the Belmont Avenue Overlay Project from Cedar Avenue to Chestnut Avenue - Bid File No. 3657 (Council District 7) 1.Adopt a finding of Categorical Exemption per staff determination, City of Fresno ***Subject to Mayoral Veto Page 17 June 13, 2019City Council Meeting Minutes - Draft pursuant to Section 15301(c) of the CEQA guidelines 2.Award a construction contract in the amount of $978,160 to Dave Christian Construction Co., of Fresno, CA Upon call, there was no Council discussion and no public comment. APPROVED On motion of Councilmember Esparza, seconded by Councilmember Chavez, that the above Action Item be approved. The motion carried by the following vote: Aye:Caprioglio, Arias, Chavez, Bredefeld and Esparza5 - Absent:Soria1 - 3-F ID19-1796 Award a three-year Product Requirements Contract: Rebid of Bulk Calcium Hydroxide to Univar USA Inc., in an amount not to exceed $1,503,713.83 per year, with provision for up to two one-year extensions (Bid File 9493) (Citywide) Upon call, there was no Council discussion and no public comment. APPROVED On motion of Vice President Arias, seconded by Councilmember Chavez, that the above Action Item be approved. The motion carried by the following vote: Aye:Caprioglio, Arias, Chavez, Bredefeld and Esparza5 - Absent:Soria1 - 3-G ID19-1781 Actions pertaining to removal of Perchloroethylene from Groundwater at Pump Station 117 and Pump Station 284 (Fresno County and Council District 2): 1.Adopt findings of Class 1, Class 3, and Class 32 Categorical Exemptions pursuant to Sections 15301, 15303, and 15332 of the California Environmental Quality Act Guidelines 2.Approve a Fourth Amendment to Agreement for supplemental engineering services with Provost & Pritchard Engineering Group, Inc ., in the amount of not to exceed $156,000 Upon call, there was no Council discussion and no public comment. APPROVED On motion of Vice President Arias, seconded by Councilmember City of Fresno ***Subject to Mayoral Veto Page 18 June 13, 2019City Council Meeting Minutes - Draft Chavez, that the above Action Item be approved. The motion carried by the following vote: Aye:Caprioglio, Arias, Chavez, Bredefeld and Esparza5 - Absent:Soria1 - 3-H ID19-1793 Actions pertaining to Madison -Whitesbridge Recycled Water Main (Bid File 3620) (Council District 3 and County of Fresno): 1.Adopt Addendum 2 to the Fresno Recycled Water Distribution System, Southwest Quadrant Tiered Mitigated Negative Declaration (State Clearinghouse No. 2014081078) 2.Award a construction contract to West Valley Construction Company, Inc., in the amount of $3,854,224 3.Authorize the Director of Public Utilities, or designee, to sign the contract on behalf of the City of Fresno Upon call, there was no Council discussion and no public comment. APPROVED On motion of Vice President Arias, seconded by Councilmember Esparza, that the above Action Item be approved. The motion carried by the following vote: Aye:Caprioglio, Arias, Chavez, Bredefeld and Esparza5 - Absent:Soria1 - 3-I ID19-1801 Actions pertaining to Sewer Rehabilitation in the Vicinity of North Fresno Street and East Shields Avenue (Bid File 3646) (Council District 7): 1.Adopt a finding of Categorical Exemption pursuant to Class 1, Section 15301 (Existing Facilities) of the California Environmental Quality Act Guidelines 2.Award a construction contract to Emmett ’s Excavation, Inc., in the amount of $1,212,543 3.Authorize the Director of Public Utilities, or designee, to sign the contract on behalf of the City of Fresno Upon call, there was no Council discussion and no public comment. APPROVED On motion of Councilmember Esparza, seconded by Councilmember Bredefeld, that the above Action Item be approved. The motion carried by the following vote: City of Fresno ***Subject to Mayoral Veto Page 19 June 13, 2019City Council Meeting Minutes - Draft Aye:Caprioglio, Arias, Chavez, Bredefeld and Esparza5 - Absent:Soria1 - 3-J ID19-1811 ***RESOLUTION - Approving the reallocation of $3,000,000 from the Liability Self-Insurance Fund Contingency to fund refunds and claims (Subject to Mayor’s Veto) The above item was introduced to Council by Director Cardell, Personnel Department. Upon call, the following member of the public addressed Council: Jay Justice Lima. Council Vice President Arias asked staff to explain the item and asked if the $3 million is being transferred as an additional buffer. He asked what departments are associated with most of the claims. He requested a list of all settlements that will be covered by the reallocation. Director Cardell responded. Councilmember Esparza asked if the money can be used for anything other than to fund refunds and claims. Director Cardell replied. RESOLUTION 2019-118 ADOPTED On motion of Councilmember Chavez, seconded by Councilmember Bredefeld, that the above Action Item be adopted. The motion carried by the following vote: Aye:Caprioglio, Chavez, Bredefeld and Esparza4 - No:Arias1 - Absent:Soria1 - 4. CITY COUNCIL 4-D ID19-1851 ***RESOLUTION - Approving the installation of a Fresno Public Safety Memorial in front of City Hall, on the north lawn, and donating the existing Fresno Police Department Memorial to the Fresno Police Officers’ Association. (Subject to Mayor’s veto) The above item was introduced to Council by Council Vice President Arias, City of Fresno ***Subject to Mayoral Veto Page 20 June 13, 2019City Council Meeting Minutes - Draft District 3. Councilmember Soria returned to the meeting at 11:54 A.M. and Councilmember Esparza left the meeting at 11:54 A.M. Upon call, the following member of the public addressed Council: Jay Justice Lima. Councilmember Bredefeld spoke regarding this item and stated he supports the item as presented. He offered his services to Council Vice President Arias and asked how many names will be on the memorial. RESOLUTION 2019-119 ADOPTED. On motion of Vice President Arias, seconded by Councilmember Chavez, that the above Action Item be adopted. The motion carried by the following vote: Aye:Caprioglio, Arias, Soria, Chavez and Bredefeld5 - Absent:Esparza1 - 4-B ID19-1769 ***RESOLUTION - Amending the “Council Residency Act” and renaming it the “Council and Mayor Residency Act”. (Subject to Mayor’s veto) The above item was introduced to Council by Council Vice President Arias, District 3. Upon call, the following member of the public addressed Council: Jay Justice Lima. RESOLUTION 2019-120 ADOPTED On motion of Vice President Arias, seconded by Councilmember Chavez, that the above Action Item be adopted. The motion carried by the following vote: Aye:Caprioglio, Arias, Soria, Chavez and Bredefeld5 - Absent:Esparza1 - 4-A ID19-1751 Discussion of Parks & Public Safety Subcommittee: 1. Announce creation of an ad hoc Council subcommittee to work with Mayor and make recommendations on a potential ballot item for parks and City of Fresno ***Subject to Mayoral Veto Page 21 June 13, 2019City Council Meeting Minutes - Draft public safety; subcommittee will report back to the full Council within 90 days; 2. Announce appointments of Vice President Arias, Councilmember Soria, and Councilmember Chavez as the committee members. Councilmember Esparza returned to the meeting at 12:02 P.M. Councilmember Chavez resigned from the Parks and Public Safety Subcommittee and appointed Councilmember Esparza. Councilmember Bredefeld asked if the subcommittee includes infrastructure, public safety and Public Works. Council Vice President Arias and Councilmember Esparza responded. 4-C ID19-1815 RESOLUTION - Initiating a text amendment to the Zoning Ordinance of the City of Fresno to Add Chapter 15, Article 24, Section 15-2424 of the Fresno Municipal Code relating to an expedited, streamlined permitting process for Electric Vehicle Charging Stations, pursuant to Fresno Municipal Code Section 15-5803-A1. The above item was removed from the agenda by staff and continued to June 20, 2019. City Council recessed for lunch at 12:06 P.M. and returned from lunch at 1:39 P.M. 1:30 P.M. - CONTESTED CONSENT CALENDAR 1-Z ID19-1766 Approval of a First Amendment to the Agreement entered between the City of Fresno and the SMG for a six-month extension. The above item was introduced to Council by Assistant City Manager Sumpter, City Manager's Office. Council Vice President Arias asked for a quick update on the Convention Center and SMG. He asked what are other options if the SMG contract is not approved and what is the total cost City of Fresno pays SMG. He also asked why there was an increase in operations cost. Assistant City Manager Sumpter responded. Councilmember Chavez asked when the current contract expires and what the provision were to be if the contract is not renewed. He requested a summary of other options and an assessment of total cost, with operations City of Fresno ***Subject to Mayoral Veto Page 22 June 13, 2019City Council Meeting Minutes - Draft and debt load and would like a copy of Councilmember Brands audit. Assistant City Manager Sumpter responded. He asked Operations Director Kraus if there has been a decrease or increase in activities and asked about the Future Farmers of America (FFA) program and requested a summary of all shows and events booked in the last couple of years. Operations Director Kraus responded. Councilmember Soria asked what is the purpose of the six month extension and directed staff to revise and restructure the Request for Proposal (RFP) and to go back out to bid. Assistant City Manager Sumpter responded. Council Vice President Arias asked staff if they can extend the agreement 90 days rather than six months. Assistant City Manager Sumpter replied. Council Vice President Arias motioned to approved the six month extension on the condition the staff goes out for a new RFP. Councilmember Chavez seconded the motion. Upon call, there was no public comment. APPROVED On motion of Vice President Arias, seconded by Councilmember Chavez, that the above Action Item be approved as amended. The motion carried by the following vote: Aye:Caprioglio, Arias, Soria, Chavez, Bredefeld and Esparza6 - 1-W ID19-1674 Actions pertaining to a lease agreement, to lease property for Special Investigation Bureau offices located at 5051-5059 E. McKinley. 1.Adopt a finding of Categorical Exemption Class 1/Section 15301 (Existing Facilities) of the California Environmental Quality Act Guidelines 2.Approve a lease agreement between the City of Fresno and HR, LLC, a California limited liability company, to lease property for Special Investigation Bureau offices located at 5051-5059 E. McKinley. The above item was introduced to Council by Deputy Police Chief Farmer, Police Department. City of Fresno ***Subject to Mayoral Veto Page 23 June 13, 2019City Council Meeting Minutes - Draft Council Vice President Arias asked if there is a predetermined square footage cost for leasing the Police department or does it fluctuate throughout the City. He asked if the new Police station in South East Fresno is leased or owned by the City of Fresno. Deputy Police Chief Farmer responded. Councilmember Soria asked if the cost of the South East Police station cost $600 per square foot and what the average of the cost per square foot. Director Mozier responded. Upon call, there was no public comment. APPROVED On motion of Councilmember Chavez, seconded by Vice President Arias, that the above Action Item be approved. The motion carried by the following vote: Aye:Caprioglio, Arias, Soria, Chavez, Bredefeld and Esparza6 - 1-N ID19-1764 Actions pertaining to California Health and Safety Code Sections 13146.2 and 13146.3: 1.Approve the measure of compliance of the Fresno Fire Department for certain occupancies in the City of Fresno. 2.RESOLUTION - Acknowledging receipt of a report made by the Fire Chief of the Fresno Fire Department regarding annual inspections of certain occupancies. The above item was introduced to Council by Deputy Fire Chief Semonious, Fire Department. Upon call, there was no public comment. Councilmember Soria asked if the next budget addressed the issue of capacity and why last year the Fire Department was unable to meet the five percent of the fire inspections. She asked what types of educational facilities were not inspected. Deputy Fire Chief Semonious responded. Councilmember Chavez asked if the inspections are done annually and asked what percentage is negligence on the property owner and if there is a cost recovery. He also asked if the property owners are informed if they are City of Fresno ***Subject to Mayoral Veto Page 24 June 13, 2019City Council Meeting Minutes - Draft found negligent and can be held liable. Deputy Fire Chief Semonious responded. RESOLUTION 2019-121 ADOPTED On motion of Councilmember Soria, seconded by Vice President Arias, that the above Action Item be adopted. The motion carried by the following vote: Aye:Caprioglio, Arias, Soria, Chavez, Bredefeld and Esparza6 - 1-F ID19-1714 Action pertaining to non-transient motels: 1.***BILL NO. B-14 - (Intro 5/16/2019) (For adoption) - Adding Article 18 to Chapter 10 of the Fresno Municipal Code adopting a non-transient motel inspection program. (Subject to Mayor’s veto) Upon call, there was no Council discussion and no public comment. BILL -14 AND ORDINANCE 2019-014 ADOPTED On motion of President Caprioglio, seconded by Councilmember Chavez, that the above Ordinance be adopted. The motion carried by the following vote: Aye:Caprioglio, Arias, Soria, Chavez, Bredefeld and Esparza6 - 1-L ID19-1649 Actions pertaining to the Building and Safety Services Division professional plan check services: 1.Approve the Seventh Amendment to extend the current Consultant Services Agreement between Brooks Ransom and Associates and the City of Fresno until September 30, 2019 and to increase the contract amount by an additional $30,000. 2.Approve the Seventh Amendment to extend the current Consultant Services Agreement between Interwest and the City of Fresno until September 30, 2019. The above item was introduced to Council by Assistant Director Sanchez, DARM Department. Upon call, there was no public comment. Councilmember Esparza asked what the plan is to eliminate the current contracts with Brooks Ransmon and no longer need outside consultant services. He asked what was the reason for the recent Request for Proposal City of Fresno ***Subject to Mayoral Veto Page 25 June 13, 2019City Council Meeting Minutes - Draft (RFP). Assistant Director Sanchez responded. Councilmember Soria asked staff how many hours of work is provided to the department and what is being charged per hour or inspection. Assistant Director Sanchez responded. She stated she would like to see more of the positions filled and no longer in need of consultant services contractors. She asked if the department needs more staff to meet the demands of the public. She asked how much the new RFP will be in the proposed budget for out sourcing contracts and what the $250,000 covers. She stated she wants the top priority to be having the staff at full capacity. Director Clark responded. Council Vice President Arias asked for more information regarding the $250,000 out sourcing contacts and what the total budget is for plan checks. Director Clark responded. APPROVED On motion of Councilmember Esparza, seconded by Councilmember Chavez, that the above Action Item be approved. The motion carried by the following vote: Aye:Caprioglio, Arias, Soria, Chavez, Bredefeld and Esparza6 - 1-S ID19-1749 Approve Contract Change Order Number 6 to the Blackstone Avenue and Shields Avenue Intersection Improvements project construction contract with American Paving Company of Fresno California, to increase the total construction contract amount by $140,000 and add sixty working days of contract time (Bid File 3488) (Council District 7) The above item was introduced to Council by Public Works Manager Herr, Public Works Department. Upon call, there was no public comment. Councilmember Esparza asked staff what was changed that caused the cost to go up for the contractor and if it is unusual to have so many change orders. Public Works Manager Herr responded. He asked about the Southern Blackstone Mobility project and if the change order has any impact on the project. Director Mozier responded. He stated there has been complaints on the surface of the Northwest corner of Blackstone and if that City of Fresno ***Subject to Mayoral Veto Page 26 June 13, 2019City Council Meeting Minutes - Draft location has the same contractor. Director Mozier responded. Council Vice President Arias asked why the right-of-way walk way was not secure. He asked why the walk way is not a part of the scope in these types of projects. Director Mozier responded. Councilmember Soria left the meeting at 2:28 P.M. APPROVED On motion of Councilmember Esparza, seconded by Vice President Arias, that the above Action Item be approved. The motion carried by the following vote: Aye:Caprioglio, Arias, Chavez, Bredefeld and Esparza5 - Absent:Soria1 - Budget Motions Council President Caprioglio motioned to appropriate $4 million towards a multigenerational center. Councilmember Esparza seconded the motion. Council President Caprioglio motioned to move $200,000 General Fund dollars from Public Works Fulton Street Maintenance to add two additional bike officers to District 4 to complete a 24 hour shift. Councilmember Chavez seconded the motion. Councilmember Esparza motioned to match the total operating budget of the Mayor's Office and apply the same amount to the Council and to be split evenly amongst the Council districts. Council President Caprioglio seconded the motion. 5. CLOSED SESSION City Council recessed for Closed Session at 2:37 P.M. and returned from Closed Session at 3:42 P.M. There was no announcements after Closed Session. The following items were discussed during Closed Session. 5-A ID19-1712 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - City of Fresno ***Subject to Mayoral Veto Page 27 June 13, 2019City Council Meeting Minutes - Draft Government Code Section 54956.9, subdivision (d)(2) 1 1.City of Fresno v. Helen Woodward 5-B ID19-1817 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION - Government Code Section 54956.9, subdivision (d)(1) Lowell Community Development Corp., v. City of Fresno; Fresno County Superior Court Case No. 18CECG01885 5-C ID19-1818 CONFERENCE WITH LABOR NEGOTIATORS - Government Code Section 54957.6 City Negotiators: Jeffrey Cardell, Ken Phillips 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) 4. International Association of Firefighters, Local 753, Unit 5 (Fire Basic) 5. Amalgamated Transit Union, Local 1027 (ATU) 6. International Brotherhood of Electrical Workers, Local 100 (IBEW) 7. Fresno Police Officers Association (FPOA Management) 8. International Association of Firefighters, Local 753, Unit 10 (Fire Management) 9. City of Fresno Professional Employees Association (CFPEA) 10. City of Fresno Management Employees Association (CFMEA) 11. Operating Engineers, Local Union No. 3, Fresno Airport Public Safety Supervisors (FAPSS) 12. Operating Engineers, Local Union No. 3, Fresno Airport Public Safety Officers (FAPSO) 13. Unrepresented Employees in Unit 2 (Non-Represented Management and Confidential Classes): Airport Public Safety Manager Assistant City Attorney Assistant City Manager Assistant Controller Assistant Director Assistant Director of Personnel Services Assistant Director of Public Utilities Assistant Director of Public Works Assistant Police Chief Assistant Retirement Administrator Budget Analyst Budget Manager Chief Assistant City Attorney Chief Information Officer Chief of Staff to Councilmember City of Fresno ***Subject to Mayoral Veto Page 28 June 13, 2019City Council Meeting Minutes - Draft Chief of Staff to the Mayor City Attorney City Attorney Investigator City Clerk City Engineer City Manager Community Coordinator Community Outreach Specialist Controller Council Assistant Deputy City Attorney II Deputy City Attorney III Deputy City Manager Director Director of Aviation Director of Development Director of Personnel Services Director of Public Utilities Director of Transportation Economic Development Coordinator Economic Development Director Executive Assistant to Department Director Executive Assistant to the City Attorney Executive Assistant to the City Manager Fire Chief Governmental Affairs Manager Human Resources Manager Independent Reviewer Internal Auditor Investment Officer Labor Relations Manager Management Analyst II Payroll Accountant Payroll Manager Police Chief Principal Budget Analyst Principal Internal Auditor Public Affairs Officer Public Works Director Retirement Administrator Retirement Benefits Manager Senior Budget Analyst Senior Deputy City Attorney I Senior Deputy City Attorney II City of Fresno ***Subject to Mayoral Veto Page 29 June 13, 2019City Council Meeting Minutes - Draft Senior Deputy City Attorney III Senior Human Resources/Risk Analyst Senior Law Clerk Supervising Deputy City Attorney 5-D ID19-1846 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) Case Name: Curtis Waller (Dec’d) vs. City of Fresno, psi, Administered by RISICO Claims Management Workers’ Compensation Appeals Board Case No. ADJ9861653 5-E ID19-1845 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Government Code Section 54956.9, subdivision (d)(2) 1. City of Fresno v. Garney Pacific Company dba Garney Construction Company ADJOURNMENT City Council Adjourned at 3:42 P.M. City of Fresno ***Subject to Mayoral Veto Page 30 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID19-1885 Agenda Date:6/20/2019 Agenda #: CITY COUNCIL MINUTES Approval of minutes of the June 10,2019 Special Meeting Notice and Budget minutes of June 10, and June 11, 2019 City of Fresno Printed on 3/17/2023Page 1 of 1 powered by Legistar™ Monday, June 10, 2019 10:00 AM City of Fresno 2600 Fresno Street Fresno, CA 93721 www.fresno.gov Council Chambers City Council President - Paul Caprioglio Vice President - Miguel Angel Arias Councilmembers: Esmeralda Z. Soria, District 2 - Vacant, Luis Chavez, Garry Bredefeld, Nelson Esparza City Manager - Wilma Quan City Attorney - Douglas T. Sloan City Clerk - Yvonne Spence, MMC Meeting Minutes - Draft Special Meeting Notice June 10, 2019City Council Meeting Minutes - Draft The City Council met in Special session in the Council Chamber, City Hall on the date and time written above. DATE: June 10, 2019 TIME: 10:00 A.M. The special meeting was called to order at 2:00 P.M. President Paul Caprioglio Vice President Miguel Angel Arias Councilmember Esmeralda Z. Soria Councilmember Luis Chavez Councilmember Garry Bredefeld Councilmember Nelson Esparza Present:6 - CLOSED SESSION City Attorney Sloan read the Closed Session item into the record. There was no announcements after Closed Session. CONFERENCE WITH LEGAL COUNSEL - PUBLIC SECURITY - Govenment Code Section 54957(a) 1. Discuss security of City Hall DISCUSSED ID19-1866 Signed June 10, 2019 Notice of Special Meeting City Council adjourned at 2:30 P.M. City of Fresno ***Subject to Mayoral Veto Page 2 Monday, June 10, 2019 10:00 AM City of Fresno 2600 Fresno Street Fresno, CA 93721 www.fresno.gov Council Chambers City Council President - Paul Caprioglio Vice President - Miguel Angel Arias Councilmembers: Esmeralda Z. Soria, District 2 - Vacant, Luis Chavez, Garry Bredefeld, Nelson Esparza City Manager - Wilma Quan City Attorney - Douglas T. Sloan City Clerk - Yvonne Spence, MMC Meeting Minutes - Draft Budget Hearing June 10, 2019City Council Meeting Minutes - Draft BUDGET HEARINGS - Commencing on June 3, 2019, the budget hearing will be considered one continuous meeting. The City Council met in budget session in the Council Chambers, City Hall on the date and time written above. 10:07 A.M. ROLL CALL Pledge of Allegiance to the Flag Monday, June 10, 2019 - 10:00 A.M. (or shortly thereafter) ID19-1732 Airports Department Budget Manager Fierro presented an overview of the Airports Department for the Council. Council Vice President Arias asked staff if there were any changes to the budget since the distribution of the binders. Staff responded no. Director Meikle gave a brief overview of the Airports Department. Council President Caprioglio quickly mentioned the sister city with Guadalajara. Councilmember Soria asked staff what the $3.4 million will be used towards and if any of the money will go towards maintaining Airports. She asked several questions regarding the Airway Golf Course and the reduction in the permanent salaries. She expressed her concerns with the swimming pool not being in use and requested staff come up with a plan to get the swimming pool up and running. She thanked the staff for all their hard work and for utilizing summer interns. Staff responded. Council Vice President Arias requested a copy of all lease agreements with non-airport operating functions. He spoke regarding the Chandler Airport and asked who was in charge of maintaining the frontage road. He discussed cannabis advertising and asked staff if advertisement was allowed at the Airports. He requested staff research the cannabis advertising in conjunction with the City Attorney’s Office. He also stated he would like to see more City of Fresno advertising and would like more City of Fresno ***Subject to Mayoral Veto Page 2 June 10, 2019City Council Meeting Minutes - Draft Hispanic cultures displayed and requested staff provide a copy of the Clear Channel marketing agreement. Staff responded. Councilmember Esparza asked about the recession in 2009 and asked how a recession would impact the Airports. Staff replied. Councilmember Bredefeld asked about the assessment dealership and the flight school classes. Staff replied. Council President Caprioglio asked staff if one custodian was enough for the Airports and if they needed more staff to keep the Airports clean. Director Meikle responded one was fine. Councilmember Soria asked several questions regarding the revenue for the advertisements and contracting out with the Ad agency. Council Vice President Arias spoke regarding positive advertising of City of Fresno and not just advertising the Casinos. Upon call, there was no public comment. ID19-1733 Information Services Department Budget Manager Fierro presented an overview of the Information Services Department for the Council. Council Vice President Arias asked staff if there were any changes to the budget since the distribution of the binders. Staff responded no. Councilmember Soria asked about the 311 call center, the staff, their hours and how much they get paid. She asked about the $84,000 and why there was an increase to cover copies contract. She asked staff about the PeopleSoft software and when staff expects there to be an upgrade. She spoke regarding the slow network and requested staff provide the cost of doubling the Internet bandwith/speed provided by AT&T. Staff responded. Council Vice President Arias requested the total number of new positions being added citywide in Fiscal Year 2020. He expressed his dislike for the current technology and he asked about FresGo and who determines what City of Fresno ***Subject to Mayoral Veto Page 3 June 10, 2019City Council Meeting Minutes - Draft features are added to the program. He asked several questions about the upgraded plan and about Public Records Act (PRA) requests for the City Attorney’s Office and Police Department body camera. He discussed training on the records retention and wanted to know what the City of Fresno can do to become more transparent. Staff responded. Councilmember Chavez asked several questions regarding the 5G network and the Fiber investments for the City of Fresno. Staff responded. Council President Caprioglio requested a breakdown of the carryover on all ISD funds and he requested ISD to assist with the acquisition of a new copier in the Council offices to be equal to or better than the current copier. Staff replied. Upon call, there was no public comment. ID19-1734 Personnel Services Department Budget Manager Fierro presented an overview of the Personnel Services Department for the Council. Councilmember Soria asked several questions regarding the permit process for events and wanted to know if any procedures have changed since the adoption of the Ordinance. She expressed her concerns with the event permits not being consistent and suggested there be an application on the website for transparency and consistency. She spoke regarding the summer internship and would like to create a more robust program that will be all year around. She requested a meeting with her staff and Personnel department to discuss the internship program application process. Staff responded. Councilmember Soria motioned to add $100,000 to hire interns and continue supporting the internship program year around. Council Vice President Arias seconded the motion. Council President Caprioglio spoke regarding the workers compensation and the cost allocation plan and asked how it works. He also asked staff if they are fully staffed. Staff replied. City of Fresno ***Subject to Mayoral Veto Page 4 June 10, 2019City Council Meeting Minutes - Draft Council Vice President Arias spoke regarding the risk management and the special events permits. He asked about the rates of the required insurance and the inconsistencies of the permits for the events. He suggested that staff attend the events to get a better idea of what the permits are being used for. Staff responded. Upon call, there was no public comment. City Council recessed for lunch at 12:03 P.M. and returned from lunch at 1:12 P.M. ID19-1735 Transportation Department (FAX) Budget Manager Fierro presented an overview of the Transportation Department (FAX) for the Council. Council Vice President Arias spoke regarding the $50,000 pilot connection program from the California Veterans Home to the Downtown Hub and he would like the State to be a part of the discussion. Council President Caprioglio spoke regarding BRT ribbon cutting on Shaw Avenue and he requested a status update on the ridership. He requested covered bus stops with benches in District 4. Staff responded. Councilmember Esparza asked staff to discuss the Manchester Transit Center and asked when they expect the project to be completed. Staff replied. Council President Arias requested a closed session item to discuss the Manchester Transit Center contract and he asked if other parts of the districts will have the opportunity to be redesigned. Staff replied. Councilmember Soria asked several questions regarding the Handy Ride Program, if they are at capacity, she asked should they expand the services and is there a plan to address the high demand. She asked if the increase will help with the funding and the Request for Proposals (RFP) and she would like staff to increase the capacity of riders. She requested an update on the passengers annually and asked how FAX deals with complaints from the public. She spoke regarding the agreements and highlights with the City of Fresno ***Subject to Mayoral Veto Page 5 June 10, 2019City Council Meeting Minutes - Draft School Districts and wanted to know what the number of riders are that relate to the agreements. She requested Councilmember Esparza to add an item to the School Liaison Sub-committee agenda to discuss the agreements with Fresno Unified School District to find ways to increase ridership. Staff responded. Councilmember Esparza stated the next School Liaison Sub-committee meeting will be held in the fall and will discuss the riders and routes. Councilmember Soria spoke regarding the issues with duel enrollment for students due to the lack of connection in bus routes in the West side of the town and she would like staff to look into future expansion. Staff responded. Council Vice President Arias motioned to add up to $50,000 towards the pilot connection program from the California Veterans Home to the Downtown Hub. Councilmember Soria seconded the motion. Council Vice President Arias requested staff to research the reason UB&C has discontinued issuing bus passes at City Hall and requested the function be reinstated. Staff responded. Upon call, the following member of the public addressed Council: Charles Krugman. City Council adjourned at 2:00 P.M. City of Fresno ***Subject to Mayoral Veto Page 6 Tuesday, June 11, 2019 9:00 AM City of Fresno 2600 Fresno Street Fresno, CA 93721 www.fresno.gov Council Chambers City Council President - Paul Caprioglio Vice President - Miguel Angel Arias Councilmembers: Esmeralda Z. Soria, District 2 - Vacant, Luis Chavez, Garry Bredefeld, Nelson Esparza City Manager - Wilma Quan City Attorney - Douglas T. Sloan City Clerk - Yvonne Spence, MMC Meeting Minutes - Draft Budget Hearing June 11, 2019City Council Meeting Minutes - Draft BUDGET HEARINGS - Commencing on June 3, 2019, the budget hearing will be considered one continuous meeting. The City Council met in the budget hearing sessions in the Council Chamber, City Hall on the date and time written above. 9:09 A.M. ROLL CALL Councilmember Soria was absent during roll call and joined the meeting at 9:10 A.M. and Councilmember Bredefeld was absent during roll call and joined the meeting at 9:12 A.M. President Paul Caprioglio Vice President Miguel Angel Arias Councilmember Esmeralda Z. Soria Councilmember Luis Chavez Councilmember Garry Bredefeld Councilmember Nelson Esparza Present:6 - Pledge of Allegiance to the Flag Tuesday, June 11, 2019 - 9:00 A.M. ID19-1736 City Attorney’s Office City Attorney Sloan presented an overview of the City Attorney's Office to the Council. Upon call, there was no public comment. Councilmember Bredefeld asked several questions about receiverships. He stated he would like to expand the Asset Team to include slumlords for apartments and larger units. He asked staff how they are informed when a home or apartment is not up to code. Councilmember Bredefeld recommended that the Asset Team be moved to the City Attorney's Office. Staff responded. City Manager Quan expressed her concerns with moving Code Enforcement under the City Attorney's Office. Councilmember Soria motioned to add $42,000 to fund training and CLE, $5,000 to office supplies, $10,000 for publications and subscriptions, $15,000 for new computers, $81,700 each for 2 paralegals for PRA Personnel, and $100,000 for hiring/retention/promotions. Councilmember City of Fresno ***Subject to Mayoral Veto Page 2 June 11, 2019City Council Meeting Minutes - Draft Chavez seconded the motion. Council Vice President Arias asked if the City Attorney's office charges other departments for their services and staff's time. He asked how much staff cost is recovered through other departments. He asked staff if the Police department has any attorneys in house and if so who do they report to. Staff responded. Council Vice President Arias motioned to fund a Liquor Inspections: Investigator/Expenses in the amount of $97,000, Increase Contract Counsel line item from $175,000 to $200,000 and to transfer all or some of Code Enforcement functions to City Attorney's Office at no net cost to the City Attorney's budget. Councilmember Chavez seconded the motion. Councilmember Esparza motioned to reallocate $50,000 for budget analyst at no cost within the City Attorney's budget. Councilmember Chavez seconded the motion. Councilmember Esparza motioned to fund and authorize two additional legal investigators in the amount of $85,000 for a total of $170,000 to the City Attorney's budget. Councilmember Chavez seconded the motion. Councilmember Esparza motioned to amend previous motion "to move the Neighborhood Services Department to the City Attorney's Office" to 1) The Neighborhood Services Department, as described in the Mayor's proposed Fiscal Year 2020 Budget, including all of its functions, authority, and resources, shall be reorganized to be under the City Attorney; 2) The transfer shall be effective as of July 1, 2019 (date of transfer). The effects upon represented personnel should be minimal, as this action was already proposed to be separated from DARM in the Mayor's proposed Budget, and merely transfers oversight authority, and represented employees will continue to perform the same job functions for the same compensation and employment terms. Nonetheless, the Personnel Director and City Attorney shall immediately provide notice to affected bargaining units and allow for comment on the effects, if any, of this transfer; 3) All equipment, supplies, vehicles, facilities, office space, contracts, and all other resources currently assigned to the applicable code enforcement functions and personnel and City of Fresno ***Subject to Mayoral Veto Page 3 June 11, 2019City Council Meeting Minutes - Draft necessary to carry out this motion shall be transferred to the City Attorney's Office. The Administration shall coordinate with the City Attorney to provide substantially the same necessary and efficient City Hall office space to allow for minimal disruption of code enforcement activities, with at least much space as is being provided currently for the applicable code enforcement activities; in the event the allocation of physical space and resources cannot be agreed upon, the Council will give direction on the unresolved issues; 4) All funding, as described in the proposed Budget for Neighborhood Services, of $10,430,000, and related fine and fee revenue, interdepartmental charges, and grants, necessary to carry out this motion shall be transferred to the City Attorney's Office, without interruption, as of the date of transfer. The intent is for this transfer to be over-all budget neutral; 5) All 80 employees designated in the proposed Budget for Neighborhood Services shall as of the date of transfer be added to and under the authority of the City Attorney, as will also be reflected in the Position Authorization Resolution; 6) Council hereby directs the Administration, Staff, and the City Attorney to take all actions necessary to implement this motion. Councilmember Soria seconded the motion. Councilmember Chavez requested a list of actual Public Records Act (PRA) requests from Fiscal Year 2018. ID19-1737 City Clerk’s Office City Clerk Spence presented an overview of the City Clerk's budget to the Council. Upon call, there was no public comment. Council Vice President Arias asked where the special election money comes from. He asked staff what their priority budget request was and what the records consultant would do for the City Clerk's Office. He asked what the liability was if the records are not kept up for the department. He also asked if the City Clerk's office could bill other departments for their services. Staff responded. Council Vice President Arias motioned to add a $50,000 for a Records Consultant and $61,000 for a Records Supervisor position for a total of City of Fresno ***Subject to Mayoral Veto Page 4 June 11, 2019City Council Meeting Minutes - Draft $111,000 to the City Clerk's budget. Councilmember Soria seconded the motion. Council President Caprioglio asked staff what the difference was between the Records Consultant and the Records Supervisor position. Staff replied. ID19-1738 General City Purpose (Includes Retirement) Budget Manager Fierro presented an overview of the General City Purpose budget to the Council. Upon call, there was no public comment. Councilmember Soria requested a summary/background of the Historic Preservation program and the annual grant funding. She asked if $50,000 was enough, how many are being funded and how many have been funded in the past. She asked staff when did it start and how they are promoting the program. She asked for an update on the Animal Control and SPCA contract. She expressed her concerns with the SPCA contract and asked staff why the contract continues to increase. Councilmember Esparza asked how many proposal has Administration received and how long will the SPCA contract be extended to. Council Vice President Arias directed City Manager's staff to meet with Council regarding the SPCA contract and would like the SPCA representative to be at the next budget meeting. Staff responded. Councilmember Soria asked several questions regarding the HEAP program and wanted to know where the program is with the funding and how much was spent. She asked if the Sub-committee has approved the street to home program and if the dollars are contingent upon the vote. Staff replied. Council Vice President Arias asked several questions regarding the Economic Development Corporation (EDC). He asked how many businesses has EDC located in the City of Fresno and requested a clear list of projects that have successfully relocated or expanded in the City of Fresno, a performance report from the EDC. He asked about the Fresno County Fair and requested a breakdown of all parades budgeted for Fiscal Year 2020. Staff responded. City of Fresno ***Subject to Mayoral Veto Page 5 June 11, 2019City Council Meeting Minutes - Draft Councilmember Chavez motioned to add $30,000 for Department of Public Utilities to pay for water for the Fresno Fair green space watering on the corner of Maple/Butler. Council President Caprioglio seconded the motion. Council Vice President Arias asked about the California Food Expo and when it will be independently operating without the City of Fresno's contribution. He requested an annual report that shows the successes of shows from the California Food Expo. He asked about the Senior Clerk position in the retirement office and why Granite Park is not under the PARCs department. He also requested a list of credits and waivers that the Convention Center issued. Staff responded. Councilmember Bredefeld spoke regarding the Youth Leadership and would like to see more accountability of the program. He expressed his concerns with funding a consultant for $100,000 and suggested he can find an individual who will work for the program without any money being spent. Councilmember Chavez and Councilmember Soria responded. Councilmember Bredefeld motioned to cut the funding for $100,000 and reallocate the money to Community Service Officers, 911 Dispatchers, Police and Fire department. Motion failed for lack of seconded. Councilmember Bredefeld asked staff several questions regarding the $50,000 for the HEAP program. Staff replied. Councilmember Chavez motioned to add $40,000 for the Fresno Historic Society. Councilmember Esparza seconded the motion. Councilmember Chavez motioned to identify $500,000 to help with the funding gap for the Cesar Chavez Foundation project using Community Development Block Grant (CDBG), HOME, Housing and Urban Development (HUD) or General Fund dollars. Councilmember Soria seconded the motion. Councilmember Esparza asked several questions regarding the Redevelopment Agency (RDA) funding and spoke regarding reallocating City of Fresno ***Subject to Mayoral Veto Page 6 June 11, 2019City Council Meeting Minutes - Draft money to affordable housing. Staff replied. Council President Caprioglio requested the following information from staff: Outreach on the Summer Youth program from Personnel, detail on line item on account 57101-Land Acquisition for Fiscal Year 2018 in the amount of $4.3 million, line item detail on account 54301 - O/S Repair, Maintenance & Service-Building and Account 58005 - Miscellaneous Expenditures. He also requested information on the CMAC contract, a breakdown of funds 70213 account 58011 - Debt Redemption broken out between the Bee building and Granite Park. Staff replied. Council President Caprioglio motioned to move $200,000 from account 57101- Land Acquisition in the General City Purpose department, but if the dollars are not spent it will go to the Multigenerational center. Councilmember Chavez seconded the motion. Council Vice President Arias motioned to cut the Federal and State lobbyist from the Fiscal Year 2020 budget. Councilmember Bredefeld seconded the motion. Councilmember Soria requested information from staff on the following: detail on line item account 58004-Special Project in the amount of $1,625,000, Fiscal year 2019 actuals to date on account 58010 -Taxes an Bonds Premiums, a breakdown of line item account 58016 - Memberships and dues, line item detail on account 59117 - Overhead Charge to Capital and account 59120 - Facility Repair and Replace Projects in the amount of $150,000 each in Fiscal Year 2020. She also asked for Fiscal year 2019 actuals to date on fund 51511 account 51109 - Leave Payoff at Termination, she asked staff to provide a current as of today Fiscal Year 2018 - 2019 budget-to-actual report by line item account for all funds in the General City Purpose department No. 200000. The report should indicate how much of the actual amounts, if any, is encumbered. She requested to provide a Fiscal Year 2017 - 2018 Year-End and Fiscal Year 20118 - 2019 Year-to-date trail balance for fund no. 24069 - Economic Incentives. She requested staff to provide a current list of all active encumbrance balances for the General Fund 10101 by department. Staff responded. City of Fresno ***Subject to Mayoral Veto Page 7 June 11, 2019City Council Meeting Minutes - Draft Councilmember Chavez asked how much was the City of Fresno charging for dog licenses and what enforcement mechanisms are being used. He asked how much revenue from the dog licenses have been collected in the past. Staff replied. Council Vice President Arias requested utility increase detail at the Fresno Metropolitan Museum Fund 21502 Account 54101. Staff replied. ID19-1739 City Council Offices Councilmember Esparza motioned to move $50,000 from discretionary funding to the base budget for all Council district. Council Vice President Arias seconded the motion. Council Vice President Arias motioned to add one time funding for a Public Safety memorial. Councilmember Soria seconded the motion. Council Vice President Arias motioned to add $500,000 from a one time funding to implement recommendations made by the Immigration Affairs Committee. If not used, the money will stay in the General fund. Councilmember Soria seconded the motion. Council Vice President Arias motioned to add $200,000 to each district for a total of $1.4 million for infrastructure which included tree trimming and sidewalk projects. Councilmember Soria seconded the motion. Upon call, there was no public comment. ID19-1740 Mayor and City Manager’s Office Budget Manager Fierro gave an overview of the Mayor and City Manager's Office to the Council. Upon call, there was no public comment. Councilmember Soria asked what the differences are in space rentals throughout City Hall. Staff replied. Councilmember Esparza asked the Administration what the five new City of Fresno ***Subject to Mayoral Veto Page 8 June 11, 2019City Council Meeting Minutes - Draft positions are in the Mayor/City Manager's Office. Staff responded. Council Vice President Arias requested a list of percentages of general fund budget growth for all departments Fiscal Year 2019 to Fiscal Year 2020. Staff replied. City Council adjourned at 11:48 A.M. City of Fresno ***Subject to Mayoral Veto Page 9 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID19-1897 Agenda Date:6/20/2019 Agenda #:AC. CEREMONIAL PRESENTATION June 20, 2019 Fresno Regional Workforce Development Board's 1st Quarter Award Winner. City of Fresno Printed on 3/17/2023Page 1 of 1 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID19-1909 Agenda Date:6/20/2019 Agenda #: CEREMONIAL PRESENTATION June 20, 2019 Presentation by the Central California Blood Center City of Fresno Printed on 3/17/2023Page 1 of 1 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID19-1747 Agenda Date:6/20/2019 Agenda #:1-A REPORT TO THE CITY COUNCIL June 20, 2019 FROM:SCOTT L. MOZIER, PE, Director Public Works Department THROUGH:RANDALL W. MORRISON, PE, Assistant Director Public Works Department BY:SCOTT P. SEHM, PE, Design Services Manager Public Works Department SUBJECT Actions pertaining to the Dakota Avenue and West Avenue Traffic Signal Modification - Bid File 3614 (Council District 1) 1.Adopt a finding of Categorical Exemption per staff’s determination,pursuant to Section 15301 (c) of the California Environmental Quality Act Guidelines (CEQA) 2.Award a Construction Contract to Sturgeon Electric California,LLC,of Chino,CA in the amount of $438,933 RECOMMENDATIONS Staff recommends that the City Council adopt a finding of Categorical Exemption per staff’s determination,pursuant to Section 15301(c)Class 1 of the CEQA Guidelines,award a construction contract with Sturgeon Electric California,LLC,in the amount of $438,933 for the bid,as the lowest responsive and responsible bidder for the Dakota Avenue and West Avenue Traffic Signal Modification,and authorize the Public Works Director or designee to sign a standardized contract on behalf of the City. EXECUTIVE SUMMARY The proposed Dakota Avenue and West Avenue Traffic Signal Modification will provide protected left turning movements for vehicles in all four directions,as well as upgraded pedestrian facilities.These improvements will provide for more efficient vehicle movements and enhance safety for both vehicular and pedestrian traffic at this intersection.The project is funded by a Federal grant from the Highway Safety Improvement Program (HSIP)with a local match of Traffic Signal Mitigation Impact Fee Funds. City of Fresno Printed on 3/17/2023Page 1 of 3 powered by Legistar™ File #:ID19-1747 Agenda Date:6/20/2019 Agenda #:1-A BACKGROUND The Dakota Avenue and West Avenue Traffic Signal Modification was initiated in FY17 when the City was awarded a Federal grant from the Highway Safety Improvement Program (HSIP).The grant funds were obligated and the project was budgeted in the adopted FY17 Capital Budget by City Council.The engineering design,utility relocation and right of way acquisition took approximately 24 months to complete. The scope of work includes a complete traffic signal modification with the addition of vehicle protected left turn phasing,new detector loops,traffic signal poles,and traffic signal conduit.Also included are ADA-compliant curb ramp improvements. The intersection of Dakota Avenue and West Avenue has been analyzed by the Traffic Operations and Planning Division,who determined this location to be the number two priority on the city’s “Warranted Left-Turn Signals”priority ranking list.This engineering analysis includes intersection accident reports and current traffic counts to quantify the potential benefits of a left-turn phasing signal modification project as compared to other intersections throughout the city.The report, updated annually and presented to Council, was last revised in February of 2019. Public Works staff prepared a Notice Inviting Bids which was published in the Fresno Business Journal on March 27,2019,posted on the City’s website,and faxed to eleven (11)building exchanges.Project plans and specifications were also distributed to seven (7)prospective bidders. Four (4)sealed bid proposals were received and opened in a public bid opening on May 7,2019 with bids ranging from $438,933 to $473,665;Sturgeon Electric California submitted the low bid of $438,933.The expiration date of the bids is July 10,2019.Should the bids be rejected or expire,the project must be rebid which will result in a delay of approximately 60 days. The City Attorney’s Office has reviewed and approved as to form the proposed Standardized Construction Contract. Staff recommends Council award a construction contract to Sturgeon Electric California,LLC,CA in the amount of $438,933 as the lowest responsive and responsible bidder,authorize the Public Works Director or designee to sign and execute the standardized contract on behalf of the City of Fresno and adopt a CEQA finding of Categorical Exemption for this project. ENVIRONMENTAL FINDINGS Staff has performed an environmental assessment of this project and has determined that it falls within the Categorical Exemption set forth in CEQA Guidelines Section 15301(c)(existing facilities), which exempts the repair,maintenance,or minor alteration of existing structures or facilities,which includes existing streets,sidewalk and gutters,and no further expansion of existing use,because the project includes the modification of an existing of traffic signal facility,crosswalks,ADA curb access,signage and pavement striping.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 3/17/2023Page 2 of 3 powered by Legistar™ File #:ID19-1747 Agenda Date:6/20/2019 Agenda #:1-A Local preference was not used based on conditions of the federal funding. FISCAL IMPACT The project is located in City of Fresno Council District 1.The overall cost of the project is $644,853 and is primarily funded by a federal grant from the Highway Safety Improvement Program (HSIP). Local match is being funded by Traffic Signal Mitigation Impact Fee Funds.The project will have no impact to the General Fund.Of the total project cost,$438,933 will be used for the construction contract award.All funds necessary for the contract award are included in the current fiscal year budget as previously adopted by the Council. Attachment: Bid Evaluation Fiscal Impact Statement Contract Vicinity Map City of Fresno Printed on 3/17/2023Page 3 of 3 powered by Legistar™ 2 K:\FORMS\EVALUATIONWithDBE FISCAL IMPACT STATEMENT PROGRAM: Traffic Signal installation at Dakota and West Avenues PW00780 TOTAL OR ANNUALIZED RECOMMENDATION CURRENT COST Direct Cost 438,933 Indirect Cost 205,920 TOTAL COST 644,853 Additional Revenue or Savings Generated Net City Cost 644,853 Amount Budgeted (If none budgeted, identify source) 429,500 Indirect costs consist of the following: Preliminary Engineering 65,000 Right of Way 19,976 Construction Engineering 69,205 Construction Utilities 7,846 Contingency 43,893 Total 205,920 This project is 80% federally funded by a grant from Highway Safety Improvement Program (HSIP). 20% of the project costs are being funded by local Traffic Signal Mitigation Impact Fee funds. City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID19-1820 Agenda Date:6/20/2019 Agenda #:1-B REPORT TO THE CITY COUNCIL June 20, 2019 FROM:SCOTT L. MOZIER, PE, Director Public Works Department THROUGH:RANDALL W. MORRISON, PE, Assistant Director Public Works Department, Engineering Division BY:SCOTT P. SEHM, PE, Design Services Manager Public Works Department, Design Services Division SUBJECT Actions pertaining to the Water Mains Installation in the Vicinity of Airways Golf Course -Bid File 3661 (Council District 4) 1.Adopt a finding of Categorical Exemption per staff’s determination,pursuant to Class 2 Section 15302(c) (Replacement or Restoration) of the California Environmental Quality Act Guidelines 2.Award a construction contract in the amount of $482,472 to West Valley Construction Company, Inc., of Fresno, California as the lowest responsive and responsible bidder RECOMMENDATIONS Staff recommends that the City Council adopt a finding of Categorical Exemption per staff’s determination,pursuant to Class 2 Section 15302(c)(Replacement or Restoration)of the California Environmental Quality Act (CEQA)Guidelines,award a construction contract to West Valley Construction Company,Inc.,of Fresno,California in the amount of $482,472 as the lowest responsive and responsible bidder for the Water Mains Installation in the Vicinity of Airways Golf Course,and authorize the Public Works Director or designee to sign the contract on behalf of the City. EXECUTIVE SUMMARY The proposed construction contract includes installation of 0.44 mile of water distribution mains, water service transfers,and fire hydrants in the vicinity of Airways Golf Course,along East Aircorp Way,North Boyington Avenue and North Leyte Avenue.Under the proposed project,the aging water mains will be replaced with new water mains installed in the street right-of-way and water services will be relocated accordingly.The new water mains will provide more consistent water pressure, reduce the frequency of service interruptions caused by failures and improve access for City of Fresno Printed on 3/17/2023Page 1 of 3 powered by Legistar™ File #:ID19-1820 Agenda Date:6/20/2019 Agenda #:1-B maintenance. The project is funded by Water Enterprise Funds. BACKGROUND The Water Mains Installation Project,in the vicinity of Airways Golf Course,was identified by the Department of Public Utilities (DPU)as a required system upgrade and placed in the FY18 budget. Design was scheduled for FY19 with construction award set for FY19.In October 2018,Public Works commenced design of the project with in-house staff;the initial design,engineering and permitting took approximately 8 months to complete.Construction of this project will be funded by Water Enterprise Funds. This project is located within the vicinity of Airways Golf Course,along East Aircorp Way,North Boyington Avenue and the alignment of North Leyte Avenue.Several of the existing water mains in this vicinity are located in unknown locations with limited access.Additionally,due to the age of the existing mains,numerous water main failures have occurred interrupting water service to customers. Under the proposed project,the new water mains and services will be placed in the street right-of- way improving access for City maintenance staff and provide more consistent water pressure. Public Works staff prepared Plans and Specifications and a Notice Inviting Bids was published and posted on the City’s website on April 17,2019.Thirteen (13)building exchanges were sent Notices Inviting Bids and the specifications were distributed to Ten (10)prospective bidders.Five (5)sealed bids were received and opened in a public bid opening held at City Hall on May 14,2019.Bid proposals ranged from $482,472 to $570,308.West Valley Construction Company,Inc.,of Fresno, California,submitted the lowest bid in the amount of $482,472 and was determined to be the lowest responsive and responsible bidder.The apparent low bid price was 1.94%below the Engineer’s Estimate.Bids will expire within 64 days after the bid opening,on July 17,2019.If the bids are rejected or expire, the project will be rebid, resulting in a delay of approximately 60 days. The City Attorney’s Office has reviewed the standard construction contract and approved as to form. Staff is recommending award of a construction contract to West Valley Construction Company,Inc., in the amount of $482,472 to install water mains in the vicinity of Airways Golf Course as the lowest responsive and responsible bidder and to authorize the Public Works Director or designee to sign and execute the contract on behalf of the City of Fresno. ENVIRONMENTAL FINDINGS Staff has reviewed the scope and nature of this project and determined that the scope of this project falls within the Class 2,Categorical Exemption set forth in the CEQA Guidelines,Section 15302(c), as this contract is for the replacement of existing utility systems involving negligible or no expansion of capacity.The project will replace the existing utility system with new water mains and services and will not result in the expansion of capacity of existing utility system,or change the purpose. Furthermore,none of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, Section 15300.2 apply to this project. LOCAL PREFERENCE Local preference was not implemented because the low bidder qualifies as a local business pursuant City of Fresno Printed on 3/17/2023Page 2 of 3 powered by Legistar™ File #:ID19-1820 Agenda Date:6/20/2019 Agenda #:1-B to the Fresno Municipal Code Section 4-108(d). FISCAL IMPACT The project,which is located in Council District 4,will not have any impact to the General Fund.The total project cost of $730,472 is funded by Water Enterprise Funds which are appropriated through the Water Division’s adopted Fiscal Year 2019 Capital Improvement Project Budget.No additional appropriations are needed for this project. Attachments: Bid Evaluation Fiscal Impact Statement Vicinity Map Sample Contract City of Fresno Printed on 3/17/2023Page 3 of 3 powered by Legistar™ K:\FORMS\EVALUATIONFORM FISCAL IMPACT STATEMENT PROGRAM: TOTAL OR ANNUALIZED RECOMMENDATION CURRENT COST Direct Cost $482,472.00 Indirect Cost $248,000.00 TOTAL COST $730,472.00 Additional Revenue or Savings Generated Net City Cost $730,472.00 Amount Budgeted (If none budgeted, identify source) $730,472.00 Indirect costs consist of the following: Preliminary Engineering (Includes overhead) $ 18,000 Contract Administration (Const. Mgt., Surveying, Inspection, Contract Compliance) $ 72,000 Contract Engineering Support $ 10,000 Contract Contingencies $ 48,000 Water Division Work (Wet Ties and Abandonment) $ 100,000 TOTAL $ 248,000 This project is funded by Water Enterprise Fund which is appropriated through the Water Division’s adopted FY 2019 Capital Improvement Project Budget. VICINITY MAP NOT TO SCALE 168 41 41 41 99 99 168 168 180180 180 41 99 PROJECT LOCATIONS City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID19-1878 Agenda Date:6/20/2019 Agenda #:1-C REPORT TO THE CITY COUNCIL June 20, 2019 FROM:KEVIN R. MEIKLE, Director of Aviation Airports Department SUBJECT ***BILL NO.B-15 -(Intro.6/13/2019)(For adoption)-Amending portions of the City Purchasing, Contracts and Sales Ordinance to update Chapter 4,Article 5 of the Fresno Municipal Code -Design Build Contracts to include qualification based methods of procurement. (Subject to Mayor’s veto) RECOMMENDATION Staff recommends City Council consider for introduction and adoption an Ordinance revising Section 4-502 of the Fresno Municipal Code (FMC), Chapter 4, Article 5 - Design-Build Contracts. EXECUTIVE SUMMARY The revised Ordinance will update the City’s available procurement methods to include design-build entity selection based on qualifications (Section 4-502 (d)). This competitive procurement method brings together a design-build team to work collaboratively with City early in the life of the project.This allows the City to progress towards a design and contract price with the team,which facilitates ownership and commitment by all parties involved, provides a high degree of cost and schedule certainty,and serves to maximize performance. Through this process the City defines its goals and selects the best design-build team to meet those goals through a solicitation process based on qualifications, capabilities and experience. The selected team will then collaborate with the City to deliver the project in two distinct phases. Phase One includes budget-level design development,preconstruction services and the development of a firm contract price and schedule.Phase Two progresses through final design and construction for the agreed upon contract price and schedule. BACKGROUND Over the years,Design-build project delivery methods have evolved to provide a more collaborative project execution to improve cost and schedule uncertainty and quality.These changes include,(i) City of Fresno Printed on 3/17/2023Page 1 of 3 powered by Legistar™ File #:ID19-1878 Agenda Date:6/20/2019 Agenda #:1-C project execution to improve cost and schedule uncertainty and quality.These changes include,(i) involving the contractor from the inception of the design phase of the project,(ii)allocating more risk to the contractor which provides a higher degree of cost and schedule certainty,and,(iii)reducing the potential for litigation by promoting ownership and collaboration.Qualification based procurement can also provide opportunities to accelerate project schedules and to increase innovation.This progressive type of design-build method provides the flexibility to define the project based on available funds,select a contractor based on qualifications and other factors,and negotiate a contract that is structured around the project’s priorities. Core features include the following: ·The designer and builder are retained by the City early in the life of the project and,in some cases, before the design has been developed at all. ·The designer and builder are selected primarily on qualifications with the final project cost and schedule established during the design and preconstruction efforts. ·The City,designer and builder collaborate to deliver the project in two distinct phases with:(a) Phase One including budget level design development,preconstruction services and the negotiation of a firm contract price (either lump sum or guaranteed maximum price)for Phase Two;and (b)Phase Two including final design,construction and commissioning.The parties typically enter into separate contracts for each phase of work. Once a design-build team is selected,a design and preconstruction services contract is negotiated for Phase One Services,also called Preliminary or Preconstruction Services.The design-build team first collaborates with the City and its consultants to create or confirm the project’s basis of design, programming requirements and then advances that design.Design and other project decisions are based on cost,schedule,quality,operability,life cycle and other considerations,with the design-build team providing ongoing,transparent cost estimates to ensure that the City’s budgetary requirements are being achieved.At the point in time where the design has been advanced to an appropriate level of definition that aligns with the owner’s requirements (usually 60 to 90 percent design),the design- build team will provide a formal commercial proposal (including the overall contract price)for Phase Two services.If,for any reason,the parties cannot reach agreement on the Phase Two commercial terms,then the City may exercise an “off-ramp”option allowing the City to use the design and move forward with the project through another procurement method. A second contract will then be executed for Phase Two Services,also called Final Design and Construction Services.When the City and design-build team agree upon commercial terms (including the project’s price and schedule),the design-build team will complete the design and construction of the facility in accordance with those commercial terms.The design-build team will also be responsible for any testing, commissioning, and other services that have been agreed upon. The types of projects that can benefit from this type of procurement and delivery method are larger projects with multiple and/or complex systems.Examples include Terminal 2 and 3 at San Francisco International Airport;Parking Plaza at San Diego International Airport;Water and Wastewater facilities in Jacksonville,FL and Kansas City,MO;I-270 Corridor in Maryland;and Palomar,CA Junior College Maintenance and Operations Complex. As with any design-build,the fundamental procurement objective is to select the right team that will, (i)work collaboratively with the City,(ii)offer the best chance to meet the City’s project goals and required outcomes,and,(iii)is trustworthy,fair,qualified and transparent.This proposed Ordinance City of Fresno Printed on 3/17/2023Page 2 of 3 powered by Legistar™ File #:ID19-1878 Agenda Date:6/20/2019 Agenda #:1-C required outcomes,and,(iii)is trustworthy,fair,qualified and transparent.This proposed Ordinance change will provide an additional competitive design-build project delivery method that meets these objectives. ENVIRONMENTAL FINDINGS Pursuant to CEQA Guidelines Section 15378, this is not a “project” for the purposes of CEQA. LOCAL PREFERENCE Local preference does not apply because the proposed Ordinance amending the FMC does not include a bid or award of a construction or services contract. FISCAL IMPACT The proposed Ordinance produces no fiscal impact to the General Fund from this item.Future projects delivered using a progressive design-build approach,which is focused on achieving a desired outcome within budget, will likely see a significant reduction in cost and schedule overruns. Attachment: -Ordinance for Introduction City of Fresno Printed on 3/17/2023Page 3 of 3 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID19-1854 Agenda Date:6/20/2019 Agenda #:1-D REPORT TO THE CITY COUNCIL June 20, 2019 FROM:KEVIN R. MEIKLE, Director of Aviation Airports Department SUBJECT Actions related to an Aviation Land and Building Lease and Agreement with Flight Level Aviation, LLC.: 1.Adopt a finding of Categorical Exemption pursuant to Section 15301/Class 1 (Existing Facilities) of the California Environmental Quality Act Guidelines 2.Approve a Lease between the City of Fresno and Flight Level Aviation,LLC.,to operate as a Fixed Based Operator and related aviation operations at Fresno Chandler Executive Airport (Council District 3) RECOMMENDATION Staff recommends Council adopt a finding of Class 1 Categorical Exemption,pursuant to Section 15301 of the California Environmental Quality Act (CEQA)Guidelines,and authorize the Director of Aviation to execute an Aviation Land and Building Lease and Agreement (Lease)with Flight Level Aviation,LLC.(Flight Level),to operate as a Fixed Based Operator (FBO)and related aviation operations at Fresno Chandler Executive Airport (FCH). EXECUTIVE SUMMARY Flight Level currently operates a charter service at Fresno Yosemite International Airport (FAT)and desires to expand their General Aviation presence by opening a maintenance facility and FBO at FCH.The new FBO will provide Central Valley’s aviation community additional options related to aircraft maintenance,private pilot support services,fuel sales,etc.The term of the Lease is for five years, with a 30 day termination notice without cause. BACKGROUND Flight Level’s current location is not able to accommodate its growing needs,and as a Reliever Airport,FCH offers an ideal opportunity to further support the General Aviation needs of the Valley. The Lease will allow Flight Level to create a maintenance facility using existing infrastructure at FCH,and provide a full range of aviation services as an FBO.An FBO allows support of aircraft up City of Fresno Printed on 3/17/2023Page 1 of 2 powered by Legistar™ File #:ID19-1854 Agenda Date:6/20/2019 Agenda #:1-D FCH,and provide a full range of aviation services as an FBO.An FBO allows support of aircraft up to 12,500 pounds gross weight and can include,(i)retail sales and delivery into-plane of aircraft fuel,lubricants and additives,(ii)overnight tie-down and aircraft storage,(iii)minor aircraft maintenance,servicing and repair,(iv)tire “airing”and battery “boosts,”(v)pilot and passenger waiting lounge with restrooms,phones and direct-access to the most current aviation weather information,(vi)air-to-ground radio communications,and (vii)removal of disabled Aircraft from the Aircraft Operations Area. The leasehold includes a combined total of 7,970 square feet of office and hangar space, and 34,131 square feet of open aircraft ramp and fueling space. Refer to attached Site Plan. The City Attorney has approved the Lease as to form. ENVIRONMENTAL FINDINGS Staff has determined this project falls within the Class 1 Categorical Exemptions set forth in the Section 15301 of the CEQA Guidelines for Existing Facilities,as it involves the use of existing structures in place at Fresno Chandler Executive Airport,with no changes to usage.Furthermore, staff has determined none of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, Section 15300.2 apply to this project. LOCAL PREFERENCE The City's Local Preference Ordinance was not applied because this Lease does not include a bid or award of a construction or services contract. FISCAL IMPACT The first year rent is $25,481.76 and is subject to annual Consumer Price Index adjustments.The rent is based on Fair Market Value,which is required by Federal Aviation Administration Revenue Policy.The estimated revenue generated under the Lease for the initial five year term will be $127,409 plus annual CPI adjustments.All revenue will be deposited into the Airports Enterprise Fund and will contribute to the operation and maintenance of FCH.There is no impact to the General Fund from this action. Flight Level will provide a necessary and valuable service at FCH and contributes to the economic development of the community and surrounding region.The ability to provide additional services as an FBO will further enhance the viability of FCH and the economic impact. Attachments: -Aviation Land and Building Lease and Agreement -Site Plan City of Fresno Printed on 3/17/2023Page 2 of 2 powered by Legistar™ 1 FRESNO CHANDLER EXECUTIVE AIRPORT AVIATION LAND AND BUILDING LEASE & AGREEMENT Issued By CITY OF FRESNO, CALIFORNIA To FLIGHT LEVEL AVIATION, LLC A CALIFORNIA LIMITED LIABILITY COMPANY 2 Contents RECITALS ................................................................................................................................. 4 AGREEMENT ............................................................................................................................ 4 ARTICLE I: GRANT AND DESCRIPTION OF LEASED PREMISES, PRIVILEGES, USES, RIGHTS AND INTERESTS ....................................................................................................... 4 Section 1.02 Privileges, Uses, Rights And Interests ........................................................... 4 Section 1.03 Improvements ................................................................................................ 5 ARTICLE II: OBLIGATIONS OF LESSOR .................................................................................. 8 Section 2.01 Covenant Of Title. .......................................................................................... 8 Section 2.02 Operation Of Airport ....................................................................................... 8 Section 2.03 Maintenance And Repair................................................................................ 9 ARTICLE III: OBLIGATIONS OF LESSEE ................................................................................. 9 Section 3.01 Acceptance Of Premises................................................................................ 9 Section 3.02 Net Agreement ............................................................................................... 9 Section 3.03 Lessee's Maintenance and Repair Obligations............................................... 9 Section 3.04 Utilities, Outside Storage, Disposable Waste, Control of Hazards and Nuisances, and Lessee's Responsibility Regarding Hazardous Substance. ......................... 10 Section 3.05 Taxes And Assessments............................................................................... 14 Section 3.06 Observation Of Governmental Regulations ................................................... 14 ARTICLE IV: TERM, TERMINATION, HOLDOVER AND LIQUIDATED DAMAGES ................ 17 Section 4.01 Term. ............................................................................................................ 17 Section 4.02 Early Termination. ......................................................................................... 17 Section 4.03 Holding Over ................................................................................................. 17 Section 4.04 Liquidated Damages ..................................................................................... 18 ARTICLE V: RENTAL, OTHER CHARGES, LATE PAYMENT, AND SECURITY DEPOSIT .... 18 Section 5.01 Rent .............................................................................................................. 18 Section 5.02 Rental Adjustment ........................................................................................ 19 Section 5.03 Other Charges .............................................................................................. 19 Section 5.04 Statistical/Operational And Informational Reports ......................................... 20 Section 5.05 Surety ........................................................................................................... 21 Section 5.06 Late Payment .................................................................................................... 22 ARTICLE VI: INDEMNIFICATION, EXEMPTION OF LESSOR, AND INSURANCE ..................22 Section 6.01 Indemnification And Release. ....................................................................... 22 Section 6.02 Insurance ...................................................................................................... 23 Section 6.03 Exemption. .................................................................................................... 26 ARTICLE VII: CAPITAL IMPROVEMENTS ............................................................................... 26 Section 7.01 Capital Improvements ................................................................................... 26 Section 7.02 Requirements ............................................................................................... 26 Section 7.03 Hazardous Materials and Fueling Activities ................................................... 32 Section 7.04 Removal and Restoration ............................................................................. 36 ARTICLE VIII: OPERATING STANDARDS ............................................................................... 36 Section 8.01 Minimum Standards ...................................................................................... 36 Section 8.02 Designation Of Local Representative By Lessee........................................... 37 Section 8.03 Quality Of Service. ........................................................................................ 37 Section 8.04 Hours of Operation........................................................................................ 37 Section 8.05 Outside Storage. ........................................................................................... 37 Section 8.06 Signs ............................................................................................................ 37 ARTICLE IV: DESTRUCTION OF IMPROVEMENTS................................................................ 38 Section 9.01 General ......................................................................................................... 38 Section 9.02 Definitions and Remedies ............................................................................. 38 3 ARTICLE X: ASSIGNMENT, SUBLEASING, AND HYPOTHECATION, TRANSFER AND ASSIGNMENT BY DEED OF TRUST ..................................................................................... 39 Section 10.01 General ......................................................................................................... 39 Section 10.02 Assignment ................................................................................................... 39 Section 10.03 Subleasing .................................................................................................... 40 Section 10.04 Hypothecation, Transfer And Assignment By Deed Of Trust .........................41 ARTICLE XI: DEFAULT ............................................................................................................ 42 Section 11.01 Default By Lessor.......................................................................................... 42 Section 11.02 Default By Lessee ......................................................................................... 42 ARTICLE XII: NOTICES ............................................................................................................ 46 Section 12.01 Written Notices Required .............................................................................. 46 Section 12.02 Lessee’s Address For Notices....................................................................... 46 Section 12.03 Lessor's Address For Notices ....................................................................... 46 Section 12.04 Time And Date Of Service. ........................................................................... 46 ARTICLE XIII: GENERAL PROVISIONS ................................................................................... 46 Section 13.01 Executor's Authority ...................................................................................... 46 Section 13.02 Interpretation Of Agreement .......................................................................... 46 Section 13.03 Waiver Of Breach Of Covenants ................................................................... 47 Section 13.04 Venue And Litigation. .................................................................................... 47 Section 13.05 Liens And Claims .......................................................................................... 47 Section 13.06 Successors And Assigns ............................................................................... 48 Section 13.07 Invalid Provisions .......................................................................................... 48 Section 13.08 Captions And Article/Section/Paragraph Numbers ........................................ 48 Section 13.09 Covenants And Conditions ............................................................................ 48 Section 13.10 Consents/Approvals ......................................................................................48 Section 13.11 Merger .......................................................................................................... 48 Section 13.12 Cumulative Remedies ................................................................................... 48 Section 13.13 Prior Agreements .......................................................................................... 49 Section 13.14 Quiet Possession. ......................................................................................... 49 Section 13.15 Time Of Essence ........................................................................................... 49 Section 13.16 Review/Examination Of Lease. ..................................................................... 49 Section 13.17 Accord And Satisfaction. ............................................................................... 49 Section 13.18 National Emergency And Condemnation/Eminent Domain. ........................... 49 Section 13.19 Relationship of Parties .................................................................................. 51 ARTICLE XIV: SIGNATURE ..................................................................................................... 52 Attachments .............................................................................................................................. 52 4 LEASE AGREEMENT THIS LEASE agreement (Lease) is by and between the City of Fresno, a California municipal corporation hereinafter (Lessor or City) and Flight Level Aviation, LLC., a California Limited Liability Company, with a principle place of business at 4955 E. Andersen Ave. Suite 121, Fresno, CA 93727 (Lessee). RECITALS WHEREAS, Lessor owns and operates the Fresno Chandler Executive Airport (“Airport), located in the City of Fresno, County of Fresno, State of California; and WHEREAS, Lessee wishes to operate as a Fixed Based Operator using the property located at 548 W. Kearney Blvd., Fresno, CA 93706, at the Airport; and WHEREAS, Lessee desires to lease exclusively the office building located at 524 W. Kearney Blvd., Fresno, CA 93706; and WHEREAS Lessee desires to enter into a ground lease with the City; and WHEREAS, Lessor has determined it is in the City’s best interest to enter into this Lease with Lessee. NOW THERFORE, The parties hereto agree as follows: AGREEMENT The parties agree this Lease is subject to the terms, covenants, conditions, agreements, warranties, and provisions herein contained and Lessee expressly covenants and agrees, as a material part of the consideration for the Lease, that Lessee shall fully and faithfully comply with, keep, perform and/or observe each and every term, covenant, condition, agreement, warranty, and/or provision hereof to be complied with, kept performed, and/or observed by Lessee. ARTICLE I: GRANT AND DESCRIPTION OF LEASED PREMISES, PRIVILEGES, USES, RIGHTS AND INTERESTS Section 1.01 Grant And Description Of Leased Premises. Lessor leases to Lessee and Lessee leases from Lessor that real property (Lease Lot AD-2) at the Airport shown on Exhibit A attached hereto and made a part hereof, comprised of a 3,228 square foot facility which includes a 1,242 square foot office building and open space located at 524 West Kearney Boulevard and FBO Lot 5, consisting of 38,873 square feet; ramp and fueling 32,145 sq. ft.; hangar: 6,728 sq. ft.; hangar office located at 548 West Kearney Boulevard ("Premises"). Section 1.02 Privileges, Uses, Rights And Interests. Lessee shall use the Premises in support of and in connection with the business of a Fixed Based Operator (FBO) as defined in the Minimum Standards for Fresno Chandler Executive Airport approved by the Council of the City of Fresno, including any future changes/alterations approved by the Council (Minimum Standards). In doing such, Lessee shall comply with the Minimum Standards. Any use that is not directly aviation-related is prohibited. A. Use of Public Facilities: Together with occupancy and use of the Premises and subject to any and all of the covenants, conditions, terms, agreements, and provisions of this 5 Lease, during the term hereof, Lessee shall have the use, in common with others, of all public airport facilities and improvements as exist(ed) on the commencement date of the term hereof or as such may exist at any time and from time to time during the term of this Lease. 1. For the purposes of this Lease, "public airport facilities and improvements" includes, but is not limited to, approach areas, runways, taxiways, roadways, sidewalks, navigation and navigation aids, lighting facilities or other things of a public use nature appurtenant to Airport. 2. Lessee's right to use said public airport facilities in common with others shall be exercised only subject to and in accordance with the laws of the United States of America and the State of California and any and all applicable rules and regulations promulgated by their authority, and in accordance with any and all applicable rules, regulations and ordinances of Lessor as any and all such laws, rules and/or regulations exist(ed) on the commencement date of the term hereof or as any and all of such may exist, at any time and from time to time, during the term of this Lease. 3. None of the foregoing provisions of this sub-section of this Section of this Article shall be deemed to relieve Lessee and its tenants, sub-Lessees, patrons, invitees, successors, assigns, and/or any other person or entity whomsoever from payment of such Airport use fees and/or charges as are levied generally by Lessor directly upon the operations of aircraft, including, without limitation, aircraft landing fees and aircraft storage fees resulting from use of the public, common-use areas of the Airport under the direct control of Lessor, nor shall anything herein contained be deemed to relieve any one, more or all of aforesaid persons or entities from payment of such fuel flowage fees as are generally levied by Lessor upon fuel delivery, storage and dispensing operations on the Airport, as and when such airport use fees and/or fuel flowage fees shall legitimately accrue to Lessor pursuant to any Ordinance(s) and/or Resolution(s) of the City Council of the City of Fresno (Council) either in effect on the start date of the term hereof or as may be adopted and placed into effect by said Council at any time and from time to time during the term of this Lease. Section 1.03 Improvements. Lessee shall not make any structural changes, alterations, additions, or modifications to any of the improvement(s) located in or on the Premises at any time during the term of this Lease, or construct or install any new improvements therein or thereon (except industrial improvements, trade fixtures and office improvements made/installed pursuant to the provisions of this Lease , below), or enter into any contract for the making of any one or more of such, without the prior written consent/ approval of Lessor’s Director of Aviation (Director). Any and all improvements of any kind made or constructed or installed in or on the Premises for any reason shall comply with all government regulations as set forth in sub-section 3.06 below and shall be made by Lessee at Lessee’s sole cost and expense. A. In the event Lessee makes any structural changes, alterations, additions, or modifications to the Premises or to any improvement(s) constructed/installed/located therein or thereon, or construct, install, and/or place any new improvement(s) therein or 6 thereon without Director's prior written consent and/or approval, Lessor may require that Lessee remove any or all of such at Lessee's cost and expense. B. Any and all changes, alterations, additions, modifications, and/or improvements that Lessee shall desire to make to the Premises which, pursuant to any provision hereof, requires the consent/approval of Director, shall be presented to Director in written form together with two (2) sets of proposed detailed plans. C. In each and every instance, the Director's written consent to and/or approval of any such alterations, additions, modifications, and/or improvements shall be deemed conditioned upon Lessee's full and faithful compliance with the provisions of this Lease, below. D. Lessee shall neither remove, waste, destroy and/or structurally modify any of the improvements located on the Premises upon the commencement date hereof or constructed/installed/placed therein/thereon at any time during the term of this Lease; nor shall Lessee suffer or permit the removal, waste, destruction and/or structural modification thereof by any other person or entity, except as expressly authorized, permitted, and/or provided for within this Lease. Any removal, wasting, destruction and/or structural modification of any improvement(s) shall be subject to any and all of the terms, covenants, conditions, stipulations, warranties, agreements, and/or provisions contained in or applicable to this Lease. 1. Ownership and Disposition of Improvements: All improvements which may be made to the Premises by Lessee at any time and from time to time during the term of this Lease shall, upon completion, be owned by and remain the property of Lessee throughout the term of this Lease. At the end of the term of this L ease (and any extensions), or upon early termination by Lessor, all of the improvements erected, constructed, and/or placed in, on or upon the Premises by Lessee at any time during the term hereof shall become part of the realty and the property of Lessor; and, upon such improvements becoming part of the realty and the property of Lessor, Lessee shall; Within thirty (30) days following the date on which such improvements become part of the realty and the property of Lessor, execute and provide Lessor with a valid bill of sale, transferring all rights, title, interests and ownership in and to such improvements to Lessor, and Lessee shall not be entitled to any remuneration or other consideration whatsoever from Lessor for the value, if any, of such improvements; and 2. Such improvements shall be given over to Lessor free and clear of any and all encumbrances, liens, claims, or demands of any nature or description whatsoever, except for any then still outstanding loan obtained by Lessee and used to finance the cost of such improvements and secured by a recorded Deed of Trust where such loan shall have been obtained by Lessee and made by a Lender pursuant to and in full conformity with the provisions of this Lease applicable to such loans, in which event, the matter of such outstanding loan balance and the existence and disposition of such a Deed of Trust shall be governed by the provisions of this Lease. 3. If, for any reason whatsoever, Lessee shall fail to provide Lessor with any bill(s) of sale pursuant to the provisions of the immediately preceding paragraphs "i" and "ii", such failure shall not, in any way whatsoever, invalidate Lessor's claim of ownership of any such improvements or trade fixtures or delay Lessor's acquiring ownership thereof pursuant to the provisions of this Article and ownership of such 7 shall vest in Lessor, as and when required by this Lease, to the same force and effect as would exist had Lessee provided Lessor with such bill(s) of sale; however, nothing within this paragraph "iii" contained shall relieve Lessee of its obligation to provide any such bill(s) of sale to Lessor, as and when required by any of the provisions of this Lease. E. Industrial Improvements: Lessor hereby grants to Lessee the right, at any time and from time to time during the term hereof, to make, install and/or affix in or on any buildings located on the Premises, installations and improvements of a type necessary for such purposes as are consistent with those certain uses of the Premises, hereof, such installations and improvements being hereinafter called "Industrial Improvements". "Industrial Improvements" shall include firefighting equipment (such as hose reels and extinguishers) and installation of such air distribution lines or additional electrical conduit, outlets, and lighting fixtures, natural gas lines, or water piping, as may be necessary therefor. F. Trade Fixtures: Lessor hereby grants to Lessee the right, at any time and from time to time during the term hereof, to make improvements of an easily detachable/removable nature, in any buildings located on the Premises and to place, install and/or affix in, to, or on same "Trade Fixtures", including the right to make any necessary minor alterations in said buildings to accommodate such fixtures. Trade Fixtures shall include machinery and equipment, jigs and fixtures, racks and bins, handling equipment and devices, tools, etc. G. Office Improvements: Lessor hereby grants to Lessee the right, at any time and from time to time, to make, in any building(s) located on the Premises, temporary, detachable installations and improvements of a type necessary for general office purposes, hereinafter called "Office Improvements". Office Improvements shall be limited to installation of additional electrical conduit and outlets, light fixtures, shelving, counters, carpets, and drapes. H. Limitation on Industrial Improvements/Trade Fixtures/Office Improvements as respectively defined within paragraphs "f", "g" and "h" of this sub-section B (collectively ITO Improvements), above, shall not include: (1) any installations or improvements which by their removal shall materially damage or destroy any part of the Premises, or (2) any other installations or improvements which become part of the realty and the property of Lessor at the end of the term hereof pursuant to any of the provisions of thi s Lease. I. Ownership of ITO Improvements: All ITO Improvements placed in or on the Premises by Lessee during the term of this Lease shall be and remain the property of Lessee throughout the term hereof, and Lessee shall have the right to remove any and all such improvements and/or trade fixtures within the fifteen (15) calendar day period immediately following the end of the term hereof; or, in the event of any holding over by Lessee pursuant to the holding over provisions hereof, within the same period of time following the end of any such holding over period. Any ITO Improvements which are not removed by Lessee during the period of time allowed therefor shall, at 12:00:01 a.m., on the next day following the end of such period, at the option Lessor become part of the realty and the property of Lessor, free and clear of any and all liens, claims and/or demands whatsoever. Should Lessee remove any ITO Improvements, as provided, 8 Lessee shall be responsible for returning the Premises to the condition existing prior to their installation. J. Transfer of Ownership of ITO Improvements to Lessor at the Expiration of the Term of This Lease: Upon any ITO Improvements becoming part of the realty and the property of Lessor pursuant to any of the provisions of this Article, above, transfer of ownership thereof to Lessor shall be effected pursuant to the provisions of this sub-section, below. 1. Within thirty (30) days following the date on which any such improvements or trade fixtures become part of the realty and the property of Lessor, Lessee shall execute and provide Lessor with a valid bill of sale, transferring all of Lessee's rights, title, and interests in and to such improvements or trade fixtures to Lessor, and neither Lessee nor any other party whomsoever shall be entitled to any remuneration or other consideration whatsoever from Lessor for the value, if any, thereof. 2. Any and all such ITO Improvements shall be given over to Lessor by Lessee free and clear of any and all encumbrances, liens, claims, and/or demands of any nature or description whatsoever, except for any then still outstanding loan obtained by Lessee and used to finance the cost of any such improvements and secured by a recorded Deed of Trust where such loan shall have been obtained by Lessee and made by a Lender pursuant to and in full conformity with the provisions of this Lease, in which event, the matter of any such outstanding loan balance and the existence and disposition of any such a Deed of Trust shall be governed by the provisions of this Lease. 3. If, for any reason whatsoever, Lessee shall fail to provide Lessor with any Bill(s) of Sale pursuant to the provisions of the immediately preceding paragraphs "a" and "b", such failure shall not, in any way whatsoever, invalidate Lessor's claim of ownership of any such improvements or trade fixtures or delay Lessor's acquiring ownership thereof pursuant to the provisions of this Article and ownership of such shall vest in Lessor, as and when required by this Lease, to the same force and effect as would exist had Lessee provided Lessor with such Bill(s) of Sale; however, nothing within this paragraph "iii" contained shall relieve Lessee of its obligation to provide any such Bill(s) of Sale to Lessor, as and when required by any of the provisions of this Lease. ARTICLE II: OBLIGATIONS OF LESSOR Section 2.01 Covenant Of Title. Lessor warrants and covenants that it has full right and authority to enter this Lease and that all things have happened and been done to make its granting of said Lease effective. Section 2.02 Operation Of Airport. Lessor covenants and agrees during the term hereof to operate and maintain Airport and its public airport facilities as a public airport consistent with the Sponsor's Assurances given by Lessor to the United States Government under the Federal Aviation Act. 9 Section 2.03 Maintenance And Repair. A. Lessor shall be obligated to repair and maintain only the foundation, the exterior walls and the exterior roof of the leased building, unless the need for such maintenance and repairs shall have been caused, in whole or in part, by the act, neglect, fault or omission of any duty by Lessee, its agents, employees, and/or invitees, or by breaking and entering, in which event(s) such maintenance and repairs shall be the obligation of Lessee at Lessee's cost and expense. B. Lessor shall not be liable for any failure to make repairs or to perform any maintenance unless such failure shall persist for an unreasonable period of time after written notice of the need of such repairs or maintenance is given Lessor by Lessee. There shall be no abatement of rent and no liability of Lessor by reason of any injury to Lessee's business or any interference with Lessee's uses of the Premises arising from Lessor's making any repairs and/or performing any maintenance in/on/to/for either the Premises or any of the improvements located therein/thereon or any appurtenances thereto. Lessor shall not be responsible in any way whatsoever for any acts or omissions on the part of any sub- Lessees, tenants, and/or any other third parties. C. During the term hereof, Lessor shall not, under any circumstances, be obligated to make any alterations, additions, or modifications in, on or to any part or all of the Premises or in, on or to any one or more of the improvement(s) located therein or thereon, or to any of the facilities appurtenant thereto, as said premises, improvements and appurtenant facilities exist(ed) at the time this Lease was entered into or as such may exist, at any time and from time to time, during the term hereof. ARTICLE III: OBLIGATIONS OF LESSEE Section 3.01 Acceptance Of Premises. Lessee hereby accepts each and every part of the Premises, together with any and all of the improvements located in and on same, and all of the facilities appurtenant thereto, in their present "As Is" condition as of the commencement date of the term of this Lease. Section 3.02 Net Agreement. This is a Net Agreement with respect to monthly base rent, fees and charges paid to Lessor by Lessee. Lessee shall, at Lessee's cost and expense, in addition to the Rent, fees and charges set forth herein, pay all costs and expenses associated with Lessee's occupancy and use of the Premises and with the activities and operations conducted thereon/therefrom pursuant to this Agreement, including but not limited to those certain activities and operations described herein. Section 3.03 Lessee's Maintenance and Repair Obligations. A. Lessee's Obligations Regarding Repair and Maintenance of the Premises: Lessee shall be solely responsible for and expressly agrees at all times during the term of this Lease, at Lessee's own cost and expense, keep and maintain the Premises and all buildings, structures, paved surfaces, hangar doors, security fences, any security gates installed by Lessee , and any and all other improvements constructed, installed, and/or located in and/or on said Premises in good order and repair, free of weeds and rubbish, and in a clean, sanitary, sightly and neat condition (Lessor shall have no obligation to provide any services whatsoever in this regard); and at Lessee’s sole expense maintain, repair, and/or provide the premises and any and all facilities and other improvements in full 10 compliance with any and all building, fire, safety, and environmental codes, ordinances, statutes, standards, rules, regulations and/or requirements of any and all federal, state, county and/or municipal governmental entities which may, at any time and from time to time during the term hereof, be required by law to facilitate the commencement and/or continuation of the use(s) thereof for such purposes as are authorized hereunder. B. Lessee shall provide maintenance service for any landscaped areas located on the Premises during the term of this Lease. Such services shall be performed by Lessee at no cost to Lessor and shall include and be limited to the following: 1. Cutting of grass as and when the need therefore arises; and 2. Removal of grass/weeds from shrubbery beds as and when the need therefore arises; and 3. Pruning of trees/shrubs as and when the need therefore arises; and 4. Maintenance of the existing sprinkler system and supplying irrigation water to the landscaped area. C. Lessor's Right to Enter: Lessor's representatives shall have the right to enter upon all or any part of the Premises at any and all reasonable hours on any day of the week for the purpose of inspecting same or for the purpose of making any required repairs thereto and performing any required maintenance thereon. Lessor agrees to provide Lessee with a minimum of ten (10) days’ notice in advance of any formal inspection of the Premises and prior to the making of any required repairs thereto, except in cases of emergency wherein no advance notice will be required. D. Repairs by Lessor at Lessee's Expense: In the event Lessor deems any repairs required to be made by Lessee necessary and serves Lessee with written notice thereof, if, for any reason whatsoever, Lessee fails to commence such repairs and complete same with reasonable dispatch, Lessor may then make such repairs or cause such repairs to be made and shall not be responsible to Lessee for any loss or damage that may occur to Lessee's stock or business by reason thereof. If Lessor makes such repairs or causes such repairs to be made, Lessee agrees that the cost thereof shall be payable, as additional rent, along with the next monthly rental installment due hereunder after the completion of such repairs and the submission by Lessor to Lessee of a statement of such cost, or if no further rental installments are then payable, within thirty (30) days following submission by Lessor of any such statement. Section 3.04 Utilities, Outside Storage, Disposable Waste, Control of Hazards and Nuisances, and Lessee's Responsibility Regarding Hazardous Substance. A. Utilities: 1. During the term hereof, Lessee shall make its own arrangements for and pay all charges for water, sewer, gas, electricity, telephone, trash collection and other utility service(s) (Utilities) supplied to and used on the Premises. All such charges shall be paid before delinquency, and Lessor and the Premises shall be protected and held harmless by Lessee therefrom. Should Lessee make arrangements for any Utilities through the City's Utilities Billing and Collection Section (e.g. water, sewage, and/or solid waste [trash] disposal), Lessee agrees to pay to Lessor, monthly, upon receipt of the billing(s) therefor at the then current rates as established from time to time by ordinances of Lessor for such 11 services, such sum(s) as shall be due for any and all such services provided to the Premises during the term hereof. 2. Upon Lessee's obtaining of any and all required permits and the payment of any required charges or fees, Lessee shall be granted the right to connect to any and all storm drains, sanitary sewers and/or water and utility outlets as shall be available and/or provided to service the Premises. 3. The construction/installation of any and all connections to any and all utility systems, including, without limitation, water service lines and associated fixtures, piping, plumbing and hardware, sewer connector lines, and storm drain inlets, feeder lines, etc., shall be the obligation of Lessee at Lessee's own cost and expense. 4. Lessor shall not be liable to Lessee for any interruption in or curtailment of any utility service, nor shall any such interruption or curtailment constitute a constructive eviction or grounds for rental abatement in whole or in part hereunder. B. Outside Storage: Except for operational vehicles directly related to the business in regular use within, upon, to and from the Premises, no materials, supplies, products, equipment or other personal property shall be stored outside of buildings or structure. C. Disposable Waste: 1. Solid Waste: Lessee, at Lessee's own cost and expense, shall provide a complete and proper arrangement, in compliance with all ordinances of City, for the adequate, sightly, sanitary handling and disposal, away from Airport, of all solid waste caused as a result of any and all activities conducted on the Premises. Lessee shall provide and use suitable covered receptacles for discarded machinery or parts and any other solid commercial and/or industrial wastes and/or other refuse. The area in which said waste receptacles are stored shall be kept clean and free of all trash and debris. The temporary piling of boxes, cartons, barrels or other similar items, in an unsightly manner, on or about the Premises, pending removal and disposal thereof, is prohibited. 2. Liquid Waste: Lessee shall at all times comply with any and all applicable laws, ordinances, rules, regulations or orders of any and all governmental agencies having jurisdiction over storage, transport, treatment or disposal of liquid waste; and Lessee agrees that it shall neither conduct nor suffer or permit the conducting of any activity(ies) in/on the Premises which shall be in violation thereof, and Lessee shall ensure that no untreated liquid waste, from any type of operation/activity conducted/engaged in on the Premises, is allowed to enter any storm drainage system, sanitary sewer system, and/or aquifer. D. Control of Hazards and Nuisances: Lessee shall, at all times, keep the Premises and each and every part thereof in a neat, clean and orderly condition, and shall prevent the accumulation of, and shall maintain said Premises free from, any refuse or waste materials which might be or 12 constitute a potential health, environmental, or fire hazard or public or private nuisance. Lessee shall neither conduct nor suffer or permit the conducting of any activity on the Premises which either directly or indirectly produces objectionable or unlawful amounts or levels of air pollution (gases, particulate matter, odors, fumes, smoke, dust, etc.); water pollution; light, glare, or heat; electronic and/or radio emissions interfering with any navigational or communications facilities/operations associated with the operation of the airport and/or its use by aircraft; trash or refuse accumulation; or any other activity/operation which is hazardous or dangerous by reason or risk of explosion, fire or harmful emission. E. Lessee's Responsibility Regarding Hazardous Substances: 1. Definition: The term "Hazardous Substances", as used in this Lease, shall include, without limitation, flammables, explosives, radioactive materials, asbestos, polychlorinated biphenyls (PCBs), chemicals known to cause cancer or reproductive toxicity, pollutants, contaminants, hazardous wastes, toxic substances or related materials, petroleum and petroleum products, and substances declared to be hazardous or toxic under any law or regulation now or hereafter enacted or promulgated by any governmental authority. 2. Restrictions: Lessee shall not cause or permit to occur: a. any violation of any federal, state, or local law, ordinance, or regulation now or hereafter enacted, related to environmental conditions in, on, under or about the Premises, or arising from Lessee's use(s) or occupancy(ies) thereof, including, but not limited to, soil and ground water conditions; or b. the use, generation, release, manufacture, refining, production, processing, storage, or disposal of any Hazardous Substance in, on, under or about the Premises, or the transportation to or from the Premises of any Hazardous Substance, except where Lessor's advance written consent to any such use, generation, release, manufacture, refining, production, processing, or storage shall have been requested in writing and received by Lessee. Any and all such consents of Lessor shall be deemed given subject to and conditioned upon Lessee's fully and faithfully complying with any and all federal, state, or local statutes, laws, ordinances, rules and/or regulations, now or hereafter enacted, applicable to the use, generation, manufacture, refining, production, processing, transport, transfer, storage, and/or sale of that/those Hazardous Substances to which any such consent of Lessor may, in any way whatsoever, be deemed to apply. c. Lessor's consent/approval shall not be required for the use, storage and disposal of materials/supplies containing hazardous substances where such materials/supplies shall be lawfully available to BOTH the general public and Lessee through commercial retail outlets so long as: i. such materials/supplies are NOT for "RESALE", are obtained periodically but frequently enough to preclude the storage of unreasonable quantities of such on the Premises, and are for use by 13 Lessee or Lessee's employees, agents, representatives, contractors, or sub-contractors in the performance of Lessee's normal day-to-day and/or periodic housekeeping and routine, recurring maintenance activities on the Premises (e.g., commercial cleaning products [soaps/detergents/ solvents], furniture and floor waxes, landscape fertilizers, weed/pest killers, products normally used in the Lessee's industry, etc.); and ii. so long as the use, storage and disposal of any and all of such materials/supplies shall be in full compliance with any and all federal, state and local statutes, laws, ordinances, codes, rules and regulations applicable thereto now or hereafter enacted (including, without limitation, any and all Occupational Safety and Health statutes, laws, codes, rules and regulations of the Federal Government and the State of California). 3. Environmental Clean-up: a. Throughout the term of this Lease, Lessee shall, at Lessee's cost and expense, comply with any and all federal, state and local statutes, laws, ordinances, codes, rules and regulations regulating the use, generation, storage, transportation, or disposal of Hazardous Substances (Laws). b. Lessee shall, at Lessee's cost and expense, make all submissions to, provide all information required by, and comply with any and all requirements of any and all governmental authorities (the Authorities) under the Laws. c. Should any Authority or any court of competent jurisdiction demand that a cleanup plan be prepared and that a cleanup be undertaken because of any deposit, spill, discharge, or other release of Hazardous Substances that occurs during the term of this Lease, at, on, or from the Premises, or which arises at any time as a result of Lessee's use(s) or occupancy(ies) of the Premises, then Lessee shall, at Lessee's cost and expense, prepare and submit the required plans and all related bonds and other financial assurances and carry out all such cleanup plans in a timely manner. d. Lessee shall promptly provide all information regarding the use, generation, storage, transportation, or disposal of Hazardous Substances that is requested by Lessor. If Lessee fails to fulfill any duty imposed under this Article within a reasonable period of time following service of proper notice, Lessor may do so; and, in such case, Lessee shall cooperate with Lessor in order to prepare any and all documents Lessor deems necessary or appropriate to determine the applicability of the Laws to the Premises and Lessee's occupancy(ies) and/or use(s) thereof, and for compliance therewith, and Lessee shall execute any and all such documents promptly upon Lessor's request. No such action by Lessor and no attempt made by Lessor to mitigate damages under any law shall constitute a waiver of any of Lessee's obligations under this article. 14 4. Lessee's Obligations/Liabilities Surviving Expiration of Lease: Lessee's obligations and liabilities under this sub-section E, shall survive the expiration of the term of this Lease. F. Lessor Held Harmless: Lessee agrees to protect and hold harmless Lessor, the Premises and any and all improvements located therein or thereon and any and all facilities appurtenant thereto and any and all other property(ies) located therein or thereon and any and all of Lessor's interest(s) in and/or to said Premises, improvements, appurtenant facilities, and/or other property(ies), from any and all such taxes and assessments, including any and all interest, penalties and other expenses which may be imposed thereby or result therefrom, and from any lien therefor or sale or other proceedings to enforce payment thereof. G. Lessee's Right to Appeal: Nothing within this section of this article shall be deemed to limit any of Lessee's rights to appeal any such levies and/or assessments in accordance with the rules, regulations, laws, statutes, or ordinances governing the appeal process of the taxing authority(ies) making such levies and/or assessments. Section 3.05 Taxes And Assessments. In addition to the rentals, fees, and charges herein set forth, Lessee shall pay, as and when due (but not later than fifteen [15] days prior to the delinquency date thereof) any and all taxes and general and special assessments of any and all types or descriptions whatsoever which, at any time and from time to time during the term of this Lease, may be levied upon or assessed against Lessee, the Premises and/or any one or more of the improvements located therein or thereon and appurtenances thereto, other property located therein or thereon belonging to Lessor or Lessee, and/or upon or against Lessee's interest(s) in and to said Premises, improvements and/or other property, including possessory interest as and when such be applicable to Lessee hereunder as referenced as Note in footnote.1 Section 3.06 Observation Of Governmental Regulations. A. Airport Rules and Regulations: Lessor reserves the right to adopt, amend and enforce reasonable rules and regulations governing the Premises and the public areas and facilities used by Lessee in connection therewith. Such rules and regulations shall be consistent with the safety, security and overall public utility of Airport and with the rules, regulations and orders of the Federal Aviation Administration (FAA) (or such successor agency[ies] as may, at any time and from time to time during the term hereof be designated by the Federal Government to perform either similar, new, additional, and/or supplemental functions, powers and/or duties with respect to air transportation, aircraft, Airports, etc.), and such rules and regulations shall NOT be inconsistent with the provisions of this Lease or the procedures prescribed and approved, from time to time, by the FAA with respect to the operation of aircraft at the Airport. Lessee agrees to observe, obey and abide by all such rules and regulations heretofore or hereafter 1 NOTE: Any interest in real property which exists as a result of possession, exclusive use, or a right to posse ssion or exclusive use of any real property (land and/or improvements located therein or thereon) which is owned by the City of Fresno (Lessor) is a taxable possessory interest, unless the possessor of interest in such property is exempt from taxation. With regard to any possessory interest to be acquired by Lessee hereunder, Lessee, by its signatures hereunto affixed, warrants, stipulates, confirms, acknowledges and agrees that, prior to its executing this lease, Lessee either took a copy hereof to the office of the Fresno County Tax Assessor or by some other appropriate means, independent of Lessor or any employee, agent, or representative of Lessor, determined, to Lessee's full and complete satisfaction, how much Lessee will be taxed, if at all. 15 adopted or amended by Lessor, including compliance with FAA, and Airport security rules, regulations and plans. 1. Lessee shall be fully liable to Lessor for any and all claims, demands, damages, fines and/or penalties of any nature whatsoever which may be imposed upon Lessor by the United States Government as a result of any unauthorized entry by Lessee, Lessee's employees, agents, representatives, servants, tenants, customers, patrons, guests, invitees, sub-Lessees, contractors, sub-contractors, or any vehicle operated thereby, into any area of the Airport to which access by persons or vehicles is restricted/controlled pursuant to FAA and/or Airport Security Rules/Regulations/Plans, and Lessee shall be similarly liable to Lessor where any such claims, demands, damages, fines and/or penalties shall be the result of any violation by any person or entity whomsoever when such person or entity may reasonably be deemed to have gained access to any such area on airport from the Premises leased by Lessee under this Lease as a result of a failure on Lessee's part to control access to such areas pursuant to the provisions of this section of this article, below. 2. Lessee shall be solely responsible for controlling access to any such restricted/controlled areas from any and all parts of the Premises and shall, at all times during the term hereof, at Lessee's own cost and expense, provide and/or implement such approved airport security monitoring and control systems, equipment, and/or procedures as may be required to fully comply with any and all such rules/ regulations/plans as such rules/regulations/plans exist(ed) on the commencement date of the term hereof or as such may exist, at any time and from time to time, during the term of this Lease, so as to preclude any unauthorized entry into any such area from the Premises by any person or persons whomsoever. B. Other Governmental Regulations: Lessee shall, at all times during the term hereof, observe, obey and comply with any and all laws, statutes, ordinances, codes, rules, regulations, and/or orders of any governmental entity(ies) lawfully exercising any control(s) over either the Airport or over any part or all of Lessee's activities/operations thereon and/or therefrom, including, without limitation, any and all local business license and/or permit requirements. C. Federal Grant Agreement Assurances: Those provisions set forth within Section "B", "Assurances", Of Exhibit B, "Assurances Required By The Federal Aviation Administration", attached hereto and made a part hereof, are those specific provisions required by the FAA to be appropriately included within all agreements (including, without limitation, leases, licenses, permits, and contracts) between Lessor and any and all persons and/or entities who use or perform work or conduct activities on Lessor- owned airport Premises for aeronautical or non-aeronautical purposes. Lessee, by its signature(s) hereunto affixed, acknowledges that it has reviewed the aforesaid exhibit, in its entirety, and fully understands the meaning, purpose, and intent thereof. Lessee expressly agrees that, throughout the term hereof, it shall fully and faithfully comply with, abide by and/or adhere to, as applicable and appropriate, each and every one of the numbered provisions contained within Section "B", "ASSURANCES", of said Exhibit (as said numbered provisions are reflected therein or as same may be amended, from time to time, during the term hereof, by Lessor, as and when the FAA's requirements thereon imposed may so dictate), which, pursuant to the guidelines established within 16 paragraphs 2 through 4 of Section "A" of said Exhibit, shall either be applicable t o Lessee on the start date of the term hereof or which, as a result of changing facts and/or circumstances, shall subsequently become applicable to Lessee, hereunder, during the term hereof. D. Height Limits: No structure erected on the Premises shall exceed the height limits as set for imaginary airport surfaces by Part 77 of the Federal Aviation Regulations. When any structures are to be erected or placed on the Premises, Lessee will be required to file and shall file a "Notice of Proposed Construction or Alteration" with the FAA. E. Limitation on Lessor's Liability and Lessee's Right to Terminate: Lessor shall not be liable to Lessee for any diminution or deprivation of possession or any of Lessee's rights hereunder when such shall result from any exercise by Lessor of any such right or authority as in this Section or within Exhibit B, hereto, provided; and Lessee, by reason of the exercise of any such right or authority by Lessor, shall not be enti tled to terminate, in whole or in part, the leasehold estate herein created unless the exercise thereof by Lessor shall so interfere with Lessee's use and occupancy of the leasehold estate herein created so as to constitute a termination in whole or in part of this Lease by operation of law in accordance with the laws of the State of California. F. Commercial Aviation Activity and Commercial Activity: 1. Compliance with Governmental Regulations: Lessee, Lessee's tenants and sub- Lessees, and any and all other persons or entities whomsoever, engaging in any commercial aviation activities whatsoever in, on, to and/or from the Premises shall, at all times during the term of this Lease, conduct any and all such activities in compliance with any and all laws, statutes, ordinances, rules, and regulations of any and all federal, state and local governmental agencies lawfully exercising authority over the Airport and/or over commercial activities conducted thereon, thereto or therefrom, including, without limitation, Chapter 5, Article 4, "Airport Regulations" of the City of Fresno Municipal Code (FMC), as such laws, statutes, ordinances, rules, and regulations exist(ed) at the time this Lease was entered into or as such may exist at any time and from time to time during the term hereof. At the time this Lease was entered into, certain sections of Chapter 5 of Article 4 of the FMC governing such activity, read(s) as follows: "Commercial Activity” No person shall engage in any business or commercial activity on the Airport except with the approval of, and under such terms and conditions as may be prescribed by the Council." (FMC 5-404 (c).) 2. Limitations on Commercial Use of Premises By Persons Other than Lessee: Lessee expressly warrants and agrees that, throughout the term of this Lease, Lessee shall not enter into any rental or sub-lease agreement, with any party(ies) whomsoever, which shall involve the use of any large aircraft hangar, individual aircraft T-hangar, shelter, or ramp-tie-down located on the Premises for the purpose of storing Commercial or Private aircraft therein or thereunder, unless and until the owner or operator of such aircraft holds either a valid "commercial aviation operations permit" or “commercial activity permit” issued by Lessor; or a valid "airport lease agreement" with Lessor; or a "bona fide sub-lease" with Lessee or another Fixed Base Operator at the Airport who holds a valid "lease agreement" with Lessor. 17 a. Lessee further warrants and agrees that, except for aircraft owned and/or operated by Lessee, Lessee shall neither suffer nor permit any commercial aircraft, to be stored on and operated from any outside aircraft tie-down/storage area located on the Premises except when the owner(s) and/or operator(s) of such aircraft shall be conducting commercial aircraft operations on, to and from the Airport in full conformity with the provisions hereof, and/or the then current rules and regulations of Lessor governing such activities. b. Lessee shall be responsible for ensuring the observance, by all of its tenants and/or sub-Lessees, of any and all of the foregoing provisions of this sub-section of this Section of this Article, and any breach thereof by any of Lessee's tenants or sub-Lessees shall constitute a breach of this Lease by Lessee. G. Derelict Aircraft Lessee shall not allow any aircraft within public view to become a derelict aircraft. A derelict aircraft defined as: an Aircraft that has not been Airworthy for six months or more and: (1) is not in the process of being made Airworthy; or (2) is not in the process of rehabilitation for public display; or (3) has not been specially prepared, treated and preserved for future rehabilitation. For the purposes of this agreement, an Aircr aft will be presumed a Derelict Aircraft if it has not been Airworthy for six months or more and is obviously deteriorating (tires flat and/or drying out or cracking; or rubber drying out and losing resiliency; or paint oxidizing, crazing and/or flaking of f; or Plexiglas discoloring, cracking or crazing; or metal corroding or rusting; or fabric fraying; etc.). If any aircraft has been deemed by the City of Fresno Airports Department to be a derelict aircraft and it is not removed from lease area immediately, Lessee shall be considered in Default of this Lease. ARTICLE IV: TERM, TERMINATION, HOLDOVER AND LIQUIDATED DAMAGES Section 4.01 Term. The term of this Lease shall be for the five (5) year period commencing June 1, 2019, and ending May 31, 2024, unless terminated earlier in the manner and under the conditions herein provided. Section 4.02 Early Termination. Either party may terminate this Lease at any time and without cause by serving written notice upon the other party no less than thirty (30) days before such termination is to be effective. Section 4.03 Holding Over. A. In the event Lessee shall remain in possession of the Premises or any part thereof following the end of the life of this Lease, and thus hold over the term hereof with or without the express written consent of Lessor, such holding-over occupancy shall be a tenancy from month to month only, terminable by either party hereto upon service of a minimum of thirty (30) days advance written notice upon the other party. 18 B. Rent During Holding Over Period: During the holding-over month-to-month tenancy period, Lessee shall pay to City all rent and all other charges required by this Agreement at the rates in effect as of the date immediately preceding the date on which such month- to-month tenancy commences. C. Applicability of Lease Provisions: Except as otherwise specifically set forth within this Article, such holding over shall be subject to all of the terms, covenants, conditions, and provisions of this Lease applicable to a month-to-month tenancy. Section 4.04 Liquidated Damages. If this Lease is terminated early by Lessor pursuant to the default provisions, hereof, as a result of Lessee's failure to keep, observe, or perform any of the terms, covenants, conditions, warranties, agreements, or provisions hereof to be kept, observed, or performed by Lessee, the entire amount of such surety instrument may be claimed, retained and used by Lessor as liquidated damages. ARTICLE V: RENTAL, OTHER CHARGES, LATE PAYMENT, AND SECURITY DEPOSIT Section 5.01 Rent. A. Definitions. 1. “Base Rent” shall mean the rent rate at the beginning of the term of this Lease. 2. “Rent” shall mean all monetary obligations of Lessee to Lessor under the terms of this Lease. B. Base Rent for the full Premises shall be paid monthly in advance at the rate of Two thousand one hundred twenty three dollars and forty eight cents ($2,123.48) per month as designated by location below: 1. 524 West Kearney – Facility 3,228 sq. ft. includes 1,242 square office building and 5 designated tie down positions at the monthly rate of Six Hundred Thirty Seven Dollars and four cents ($637.04); and 2. 548 West Kearney - Entire lot: 38,873 square feet; ramp and fueling 32,145 sq. ft.; hangar: 6,728 sq. ft.; hangar office, at the monthly rate of One Thousand Four Hundred Eighty Six dollars and Forty Four cents. C. Proration of Base Rent. For any period less than a full calendar month, for which base rent shall be due to be paid to Lessor by Lessee, the rent therefore shall be pro-rated on a 30 day/month basis. D. Fuel Flowage Fees. Amount of Fees: Subject to adjustment as provided herein, the Fuel Flowage Fee(s) to be paid by Lessee shall be as stated in the Master Fee Schedule, which shall be updated from time to time. 19 Section 5.02 Rental Adjustment. Commencing on May 1, 2020, then on May 1 each and every year throughout the term of this Lease (Scheduled Adjustment Date) including any available option exercised by the lessee, the amount of monthly base rent to be paid to LESSOR by LESSEE shall be increased by the same percentage as the percentage increase in the U.S. Department of Labor, Bureau of Labor Statistics (USDLBLS) Consumer Price Index (CPI) for Urban Wage Earners and Clerical Workers (all items, U.S. city average) from January 1 to December 31 during the last full calendar year prior to the Scheduled Adjustment Date. The amount of all such annual adjustments shall be determined in the manner illustrated within Exhibit "C" "Illustration Of Annual Rental Adjustment Computation", attached hereto and made a part hereof. Lessor shall complete the “Annual Rental Adjustment Computation” worksheet as illustrated in Exhibit C hereto, and provide a copy of such worksheet to Lessee, prior to the Scheduled Adjustment Date each year during the life of this Lease. In the event of a decrease in the CPI, in any given year, there shall be no rent adjustment. In the event the CPI decreases, monthly rent shall not be adjusted downward. A. Effective Period of Provisions. The foregoing rent adjustment provisions shall be effective in the manner described so long as the above said CPI data is published by the USDLBLS in substantially the same form and is based generally on the same type data being used on January – December 2019, and, in the event of any change in form and/or basis of said index, said provisions shall be redefined by Lessor and Lessee to a reasonably comparable standard. B. Retroactive Rent Adjustment: In the event any annual rent adjustment computation shall, for any reason whatsoever, be delayed beyond the Scheduled Adjustment Date, Lessee shall continue paying the existing monthly base rent amount (i.e., the amount being paid immediately prior to the Scheduled Adjustment Date) when due until the new rental rate is finally determined by Lessor. Any rent adjustment due as a result of any such late computation shall apply and be paid by Lessee retroactively as of the Scheduled Adjustment Date for which any such late computation shall be applicable. When any such late computation results in an increase in the monthly rent, Lessee shall pay the difference between the new rate and the old rate, for each of the months commencing with the Scheduled Adjustment Date during which the new rent amount shall have been in effect, along with the next due monthly rent payment. C. Place of Payment: Rent shall be paid to Lessor at the address shown below or at such place or places at which Lessor may in writing direct the payment thereof from time to time during the term hereof. City of Fresno Airports Department Attn: Airports Accounting 4995 E. Clinton Way Fresno, CA 93727 Section 5.03 Other Charges. A. Airport Use Fees/Charges: Nothing contained in this Lease shall be deemed to relieve Lessee, any employee of Lessee, or any one or more of Lessee's tenants, sub-Lessees, 20 customers, invitees, successors, assigns, or any other person or entity whomsoever, from payment of such other fees and charges as may legitimately accrue to Lessor pursuant to any Ordinance(s) and/or Resolution(s) of the City Council of Lessor in effect on the start date of the term hereof or as such may be passed/adopted and placed into effect by said Council, at any time and from time to time, during the term of this Lease, including, without limitation: 1. Airport use fees and/or charges as are levied generally by Lessor directly upon the operations of aircraft, including, without limitation, aircraft landing fees and aircraft storage fees resulting from use of the public, common-use areas/facilities of the Airport under the direct control of Lessor; 2. Miscellaneous fees and/or charges (including, without limitation, fees/charges for Airport security badges, copies of public documents [including extra copies of this Lease], returned check charges, etc.) as are generally assessed by Lessor against members of the general public and/or Lessees, tenants, and/or other users of Airport Premises and/or facilities. B. Reimbursement for Insurance and other Lessor Expenses: Lessee shall pay and nothing within this Lease shall be deemed to relieve Lessee, any employee of Lessee, or any one or more of Lessee's tenants, sub-Lessees, customers, invitees, successors, assigns, or any other person or entity whomsoever, from payment of such other fees and charges as may legitimately incurred by Lessor pursuant to Lessor’s ownership of the Premises including but not limited to the pro-rata portion of the Fire and Extended Coverage insurance policy covering the subject Premises. C. Effect of Failure to Pay Fees/Charges: Any failure by Lessee to pay any and all airport use fees, and/or miscellaneous fees and charges to Lessor (as additional rent), as and when due to be paid to Lessor thereby, shall constitute a default on the part of Lessee under this Lease. Section 5.04 Statistical/Operational And Informational Reports. A. Statistical / Operational Reports: At the request of Lessor, Lessee shall provide Lessor with reports, on forms supplied by Lessor or in a form acceptable to Lessor, showing in such detail and breakdown of information as Lessor may reasonably require concerning Lessee's operations at the Airport. 1. Such reports shall be submitted by Lessee with sufficient timeliness so as to be received by Lessor on or before the tenth (10th) calendar day of the month following the request for the report and shall be submitted to Lessor at Lessor’s address for Notice as set forth below. 2. Lessee shall be responsible for submitting monthly reports even if there are no operations to report. Such monthly reports shall state “No Monthly Operations to Report” and shall be on the proper form and signed by the Lessee. B. Monthly Fuel Flowage Reports. Lessee shall provide Lessor with monthly Fuel Flowage Reports (on forms provided by Lessor and/or in a form acceptable to Lessor) in such detail and breakdown as may reasonably be required by Lessor, evidencing the number of any and all gallons of 21 aircraft fuels delivered to Lessee by any and all commercial fuel suppliers making deliveries to Lessee on Airport under authority granted in this Lease and the number of any and all gallons of aircraft fuels otherwise obtained, stored, sold and/or used by Lessee on Airport under authority hereof. C. Special Informational Reports: If, as and when, requested by Lessor, Lessee shall also provide Lessor with periodic and/or as required special informational reports concerning: (1) the names, mailing addresses, and telephone numbers of all of Lessee's tenants/sub-Lessees at Airport; (2) the services being provided the public by Lessee and any and/or all tenants and/or sub-Lessees of Lessee at Airport; (3) the number of aircraft tee-hangars, aircraft shelters, and/or the number of outside aircraft tie-down and/or storage spaces being made available by Lessee and/or any and all sub-Lessees of Lessee for sub-lease/rental by the public and the rental rates charged therefor; (4) the N-number of airplanes stored at the Premises; and (5) such other operational information as Lessor may, at any time and from time to time, reasonably require during the term hereof. Lessee shall provide Lessor with any and all such SPECIAL INFORMATIONAL REPORTS within seventy-two (72) hours where Lessor shall request such report be provided by telephone, or within ten (10) days where Lessor requests such report in writing. In the event any such special informational report is requested to be submitted in writing, it shall be submitted to the address specified by Lessor at the time such report is requested. Section 5.05 Surety. A. Due Date, Type and Amount of Surety: Within thirty (30) days of the commencement of rental payments hereunder, Lessee shall provide Lessor, and shall thereafter maintain during the term of this Lease, a valid Surety instrument or surety amount, in an amount equal to the next three (3) month’s rent, guaranteeing Lessee's fully and faithfully undertaking, observing, keeping and performing any and all of the terms, covenants, conditions, warranties, agreements, undertakings, and/or provisions hereof to be observed, kept, performed, and/or undertaken by Lessee. B. Form of Surety: The surety instrument shall be in one of the following forms: 1. A Surety Bond issued by an insurance company lawfully admitted and doing business in good standing in the State of California and authorized to write such bonds in said State; or 2. An Irrevocable Letter Of Credit established in favor of Lessor for the account of Lessee by a federally chartered bank located in the State of California and lawfully doing business in said State; or 3. An Automatically Renewable Certificate Of Deposit in the name of Lessor issued by a federally chartered Bank or Savings and Loan Association located in the State of California and lawfully doing business in said State (Interest may accrue to Lessee [Depositor]); or 4. A Cash Deposit (Lessor shall not be obligated or required to pay and shall not pay any interest whatsoever). C. Return/Surrender/Release of Surety by Lessor: Except as provided within this Article, at the end of the term hereof, such surety as shall have been provided by Lessee and 22 which is then currently being held by Lessor shall be returned/ surrendered/released by Lessor, provided that there are no outstanding claims against Lessee. Section 5.06 Late Payment. A. Late Payment Charge: Should any installment of rent or other payment of fees accruing under the provisions of this Lease not be paid as and when due, a late payment charge equal to the lesser of one and one-half percent (1.5%) of the total overdue amount, or the maximum amount allowable by law, shall be charged on a monthly compounded basis from the date when the payment was due until full amount of the late payment(s) and accrued late charges are received by Lessor. The minimum charge per month shall be one dollar ($1.00). B. Best Estimate of Damage: Lessee and Lessor recognize that the damage which Lessor shall suffer as a result of Lessee's failure to pay rent and/or other sums when due is difficult to ascertain, and therefore agree the above said late charge is the best estimate of the damage which Lessor shall suffer in the event of Lessee's late payment. C. Change to Late Payment Charge: It is expressly stipulated that the amount of the Late Payment Charge (above) may, at any time and from time to time during the term of this Lease, be changed by ordinance/ resolution passed/adopted by the city council of Lessor when, in said council's opinion, economic conditions and/or other relevant facts and/or circumstances may reasonably warrant such action. D. Non-Relief From Payment: Nothing within this Lease contained shall be deemed, in any way whatsoever, to relieve Lessee from payment of rent or other sums at the time and in the manner herein provided. ARTICLE VI: INDEMNIFICATION, EXEMPTION OF LESSOR, AND INSURANCE Section 6.01 Indemnification And Release. A. Except to any extent expressly provided for in this Agreement, and to the furthest extent allowed by law, Lessee shall indemnify, hold harmless and defend City and its officers, officials, employees, agents and volunteers (hereinafter referred to collectively as “City”) 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, including damage by fire or other casualty) incurred by City, Lessee 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 the License Agreement. Lessee’s obligations under the preceding sentence shall apply to any negligence of City, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused solely by the gross negligence, or by the willful misconduct, of City. B. Lessee acknowledges that 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, including damage by fire or other casualty) arising out of or in any way connected with releases or discharges of a Hazardous Substance, or the exacerbation of a Potential Environmental Hazard, 23 occurring as a result of or in connection with Lessee’s activities or the activities of any of Lessee’s representatives (including, without limitation, any of Lessee’s officers, officials, employees, agents, volunteers, invitees, subtenants, consultants, subconsultants, contractors or subcontractors), and all costs, expenses and liabilities for environmental investigations, monitoring, containment, abatement, removal, repair, cleanup, restoration, remediation and other response costs, including reasonable attorneys’ fees and disbursements and any fines and penalties imposed for the violation of any Legal Requirements relating to the environment or human health, are expressly within the scope of the indemnity set forth above. C. If Lessee should contract any work on the Premises or subcontract any of its obligations under this Agreement, Lessee shall require each consultant, subconsultant, contractor and subcontractor to indemnify, hold harmless and defend City and its officers, officials, employees, agents and volunteers in accordance with the terms of this Section and meet all the insurance requirements in this Agreement or as determined by the City of Fresno Risk Manager or their designee. D. The provisions of this Section shall survive the termination or expiration of this agreement. Section 6.02 Insurance. A. Throughout the life of this Agreement, Lessee shall pay for and maintain in full force and effect all policies of insurance required hereunder with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than "A-VII" in Best's Insurance Rating Guide, or (ii) authorized by City’s Risk Manager or his/her designee. The following policies of insurance are required: 1. AIRPORT PREMISES LIABILITY insurance (or equivalent Insurance Services Office (ISO) form CG 00 01 with no airport exclusion) with coverage for bodily injury, property damage, personal and advertising injury, hangarkeepers liability (if aircraft owned by others will be in Lessee’s care, custody or control), products and completed operations liability, and contractual liability (including, without limitation, indemnity obligations under this Lease), with combined single limits of liability of not less than $5,000,000 per occurrence, and in the annual aggregate as respects personal and advertising injury and products and completed operations liability. 2. AIRCRAFT LIABILITY insurance for owned and non-owned aircraft including bodily injury (with no passenger sublimit of liability) and property damage liability, with limits of liability of not less than: i. $10,000,000 combined single limit bodily injury and property damage per occurrence for turbine engine powered aircraft. ii. $5,000,000 combined single limit bodily injury and property damage per occurrence for piston engine powered aircraft. 3. COMMERCIAL AUTOMOBILE LIABILITY insurance which shall be at least as broad as the most current version of Insurance Service Office (ISO) Business Auto Coverage Form CA 00 01, and include coverage for all owned, hired, and 24 non-owned automobiles or other licensed vehicles (Code 1 - Any Auto) with limits of liability of not less than $1,000,000 per accident for bodily injury and property damage. 4. WORKERS' COMPENSATION insurance as required under the California Labor Code. 5. EMPLOYERS’ LIABILITY insurance with limits of liability of not less than $1,000,000 each accident, $1,000,000 disease policy limit and $1,000,000 disease each employee. 6. PREMISES POLLUTION LIABILITY insurance with limits of liability of not less than $1,000,000 per claim/occurrence and $2,000,000 aggregate. B. In the event Lessee purchases an Umbrella or Excess insurance policy(ies) to meet the minimum limits of insurance set forth above, this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies). In addition, such Umbrella or Excess insurance policy(ies) shall also apply on a primary and non- contributory basis for the benefit of the CITY, its officers, officials, employees, agents and volunteers. C. Lessee shall be responsible for payment of any deductibles contained in any insurance policies required hereunder and Lessee shall also be responsible for payment of any self-insured retentions. Any deductibles or self-insured retentions must be declared to, and approved by, the City’s Risk Manager or his/her designee. At the option of the City’s Risk Manager or his/her designee, either (i) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its officers, officials, employees, agents and volunteers; or (ii) Lessee shall provide a financial guarantee, satisfactory to City’s Risk Manager or his/her designee, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall City be responsible for the payment of any deductibles or self-insured retentions. D. All policies of insurance required hereunder shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after 30 calendar day written notice has been given to City. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits, Lessee shall furnish City with a new certificate and ap plicable endorsements for such policy(ies). In the event any policy is due to expire during this Agreement, Lessee shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than 15 calendar days prior to the expiration date of the expiring policy. E. The Airport Premises, Aircraft and Automobile Liability insurance policies shall be written on an occurrence form and shall name City, its officers, officials, agents, employees and volunteers as an additional insured. Pollution Liability insurance may be written on a “claims made” form but must also name City, its officers, officials, agents, employees and volunteers as an additional insured. All such policy(ies) of insurance shall be endorsed so Lessee's insurance shall be primary and no contribution shall be required of City. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees, agents and volunteers. All such polices, including the Workers' Compensation insurance policy shall contain 25 a waiver of subrogation as to City, its officers, officials, agents, employees and volunteers. F. If the Pollution Liability insurance policy is written on a claims-made form: The retroactive date must be shown, and must be before the effective date of the Agreement or the commencement of work by Lessee; Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement work or termination of the Agreement, whichever occurs first, or, in the alternative, the policy shall be endorsed to provide not less than a five (5) year discovery period; if coverage is canceled or non-renewed, and not replaced with another claims- made policy form with a retroactive date prior to the effective date of the Agreement, Lessee must purchase “extended reporting” coverage for a minimum of five (5) years completion of the termination of the Agreement; a copy of the claims reporting requirements must be submitted to CITY for review; these requirements shall survive expiration or termination of the Agreement. G. Lessee shall furnish City with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the City’s Risk Manager or his/her designee prior to City’s execution of the Agreement. Such evidence of insurance shall be provided City at the following address: City of Fresno Airports Department 4995 E. Clinton Way Fresno, CA 93727 H. Upon request of City, Lessee shall immediately furnish City with a complete copy of any insurance policy required under this Contract, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement. I. Any failure to maintain the required insurance shall be sufficient cause for City to terminate this Lease. No action taken by City hereunder shall in any way relieve Lessee of its responsibilities under this Lease. J. The fact that insurance is obtained by Lessee shall not be deemed to release or diminish the liability of Lessee, including, without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify City and its officers, officials, employees, agents and volunteers shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Lessee. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Lessee. K. Lessee and its insurers hereby waive all rights of recovery against City and its officers, officials, employees, agents and volunteers, on account of injury, loss by or damage to aircraft hulls, the Lessee or its, officials, employees, agents, volunteers, invitees, consultants, subconsultants, contractors and subcontractors, or its property or the property of others under its care, custody and control. Lessee shall give notice to its 26 insurers that this waiver of subrogation is contained in this Agreement. This requirement shall survive termination or expiration of this Agreement. SUBCONTRACTORS -If LESSEE subcontracts any or all of the services to be performed under this Agreement, LESSEE shall require, at the discretion of the CITY Risk Manager or designee, subcontractor(s) to enter into a separate Side Agreement with the City to provide required indemnification and insurance protection. Any required Side Agreement(s) and associated insurance documents for the subcontractor must be reviewed and preapproved by CITY Risk Manager or designee. If no Side Agreement is required, LESSEE shall require and verify that subcontractors maintain insurance meeting all the requirements stated herein and LESSEE shall ensure that CITY, its officers, officials, employees, agents and volunteers are additional insureds. The subcontractors' certificates and endorsements shall be on file with LESSEE, and CITY, prior to commencement of any work by the subcontractor. Section 6.03 Exemption. Lessee hereby specifically warrants, covenants and agrees that Lessor shall not be liable for injury to Lessee’s business or any loss of income therefrom or for damage to the goods, wares, merchandise or other property of Lessee, Lessee’s employees, patrons, invitees, or any other person whomsoever, in or about the Premises, nor shall Lessor be liable for injury to the person of Lessee, Lessee’s servants, agents, employees, contractors, sub-contractors, tenants, sub- lessees, customers, or invitees, whether or not said damage or injury is caused by or results from fire, steam, electricity, gas, water or rain, or from the leakage, breakage, obstruction or other defects of pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, or from any other cause, whether or not the said damage or injury results from conditions arising in or on any part or all of the Premises or in or on any of the improvement(s) and facilities appurtenant thereto located therein or from other sources or places, and regardless of whether or not the cause of such damage or injury or the means of repairing the same is inaccessible to Lessee, except where such injury, damage, and/or loss shall have been caused solely by the gross negligence or willful misconduct of Lessor. Lessee also covenants and agrees that Lessor shall not be liable for any damages arising from any act or neglect on the part of any third parties. ARTICLE VII: CAPITAL IMPROVEMENTS Section 7.01 Capital Improvements. Should Lessee wish to make Capital Improvements to the location, they must be first be approved in writing by the Airport. Such improvements must follow the requirements below after written approval is received. Section 7.02 Requirements. A. Site Development Required: In addition to such other considerations as are herein set forth, Lessee shall be required to construct, install, make and/or complete, at Lessee's own cost and expense, those certain "site development and construction improvements" identified and described within sub-section (1): 1. Site Development: Development shall include but not be limited to: Site grading, sub grade preparation, asphalt paving for driveway approaches, parking facilities, sorting 27 and operations ramp, and office facilities parking; site drainage (including inlet structure and piping); sewer and water lines (to supply proposed building facilities); electrical facilities (to support floodlighting and building facilities); landscaping for Lessee site and City curbside development, irrigation for curbside development; and pedestrian sidewalks. All development as depicted on Lessee’s site plan drawings, to be consistent with requirements contained in the City’s property development standards for M1 zoning district, for the issuance of a building permit. 2. Plan Approvals and Development Timetable: a. Submission of Plans and Drawings to Director: Lessee shall submit two (2) sets of professionally prepared plans and drawings to Director for conceptual review and approval. i. Although such plans and drawings shall be considered preliminary, they shall include a definitive site plan and all exterior elevations; building plans with materials, color selections, and structural design; landscaping and irrigation plans; paving and drainage plans; sign drawings; and any other materials which may be required to accurately portray all aspects of the proposed development covered thereby. ii. Director shall have thirty (30) days, following receipt of such plans and drawings, during which to complete a review thereof and provide Lessee with written notice of Director's conceptual approval. In the event such notice shall specify that such plans and drawings are approved subject to certain reasonable changes, modifications, additions, deletions, etc., as shall be expressly set forth within said notice, Director's approval shall be deemed conditioned upon any and all such reasonable modifications, additions, deletions, changes, etc., subsequently being appropriately incorporated within Lessee's plans and specifications for the particular development for which any such conditional conceptual approval shall be given. 3. Submission of Plans and Drawings to Lessor's Development Department: a. Not later than sixty (60) days immediately following the date on which Director's Conceptual approval shall be provided Lessee in writing, Lessee shall submit plans and drawings, professionally prepared so as to: (1) meet any and all of Lessor's Development Department's requirements applicable to such development, and (2) include any and all changes, modifications, additions and/or deletions required by Director pursuant to the provisions of sub-paragraph 2a(ii) of this Section of this Article, above, to Lessor's Development Department and then do such things and/or complete such actions as may reasonably be required in order to obtain all applicable building or construction permits (including the filing of any required "Application for Environmental Review" of the proposed construction project under the California Environmental Quality Act [CEQA]) and payment of any and all lawful fees and/or charges associated with and/or applicable to any and all such things and/or such actions. 28 b. With regard to any and all reviews and/or approvals of any and all Site Plan Reviews, Plan Checks, Back Checks, and/or Final Plans and Specifications, Lessor's Development Department shall have a combined total of ninety (90) days during which to complete any and all such phases of its review/approval process. No construction shall be undertaken in or on the leased premises unless and until lessee's site, building, landscape, and signing details and plans shall have been approved in writing by lessor's Development Department and lessee shall have been issued and have in hand any and all required permits for such construction. 4. Compliance With Governmental Requirements: a. Lessee expressly acknowledges and agrees that, throughout the life hereof, any and all alterations, additions, and/or modifications of the leased premises and any and all improvements, of any and all types and/or descriptions, made to or constructed or installed in or on said premises, including, without limitation, all additional development improvements made to the Leased Premises by Lessee pursuant to the provisions hereof and any and all other improvements/installations which, at any time and from time to time during the life hereof, may be necessary to meet Lessee's particular desires, needs and/or requirements, or which may be necessary to comply with any law, statute, ordinance, rule, regulation, code, standard, and/or requirement of any and all federal, state, county and/or municipal governmental entities shall be made by Lessee at Lessee's cost and expense. b. At all times throughout the life hereof, Lessee shall be solely responsible for developing and constructing the Exhibit F and Section 7.04 improvements and maintaining and operating said Improvements and the Leased Premises, at Lessee's cost and expense, in full compliance with all present and future federal, state and local statutes, regulations, rules, ordinances and other legal requirements applicable to the Lease including without limitation prevailing wage and public bidding requirements any and all building, fire, safety, and environmental codes, ordinances, statutes, standards, rules, regulations, and/or requirements of any and all federal, state, county and/or municipal governmental entities as such codes, ordinances, statutes, standards, rules, regulations, and/or requirements exist(ed) on the commencement date of the term hereof or as such may, at any time and from time to time, exist dur ing the life of this Lease. c. Lessee shall discharge, bond, or insure over or otherwise release or collateralize to the City's reasonable satisfaction any mechanic's, laborer's, materialman's, warehouseman's, or other lien or stop notice filed against the Leased Premises within twenty (20) days after the date the lien or stop notice is filed. 5. Permits: Lessee shall obtain and pay for any and all permits required by any and all federal, state, county and/or municipal governmental entities for any and all work on alterations, additions, modifications, installations, and/or improvements accomplished by Lessee or by others on behalf of or for the benefit of Lessee, or caused or allowed to be accomplished by Lessee on the leased premises. Any and all consents/approvals of Director required by this Section of this Article shall 29 be in addition to and separate and apart from any and all other consents or approvals required by any federal, state, county and/or municipal statutes, codes, ordinances, plans, rules or regulations governing the issuance of any such permit(s). 6. Use of Professional, Licensed Contractors: Lessee, by its signature(s) hereunto affixed, warrants and agrees as follows: a. Any and all work associated with any and all improvements, alterations, additions, modifications, installations, and/or repairs made to or placed upon any portion of the leased premises during the Life of this Lease and all work associated with any and all repairs and/or restoration of premises by Lessee upon termination hereof shall be professionally accomplished; and b. Any and all such work shall be accomplished by professional contractors duly licensed to do such work in the State of California; and c. Any and all such work and any and all results thereof shall be in full compliance with any and all building, fire, safety, and environmental codes, ordinances, statutes, laws, rules, regulations, and/or requirements of any and all federal, state, county and/or municipal governmental entities having jurisdiction thereof. Lessee shall provide to Lessor for its review and acceptance 100% payment and performance bonds prior to commencement of any work upon the Leased Premises. 7. Construction Notices: Once any and all required permits and approvals have been obtained and at least fifteen (15) days before any work commences or any materials are delivered for any alterations, additions, modifications and/or improvements being made to the leased premises by Lessee, in addition to any and all other notices which may be required by any and all federal, state, county and/or municipal governmental entities, Lessee shall provide Director with advance written notice of the date on which such materials are to be delivered and the date on which any such work shall commence. 8. Post-Construction/Installation Requirements: Within ninety (90) days following the completion of each and every alteration, addition, modification and/or improvement made to or constructed or installed on or in the leased premises by Lessee, Lessee shall provide Director with the following: a. A verified statement reflecting both the completion date and statutory lien release(s) therefor; and b. As and when applicable and/or appropriate, two (2) complete sets of "as built" drawings. 9. Ownership and Disposition of Improvements: All of those improvements, and any and all other improvements which may subsequently be made to the Leased Premises by Lessee at any time and from time to time during the Life of this Lease, shall be owned by and remain the property of lessee throughout the life of this Lease. At the end of the term of this Lease, or upon early termination by Lessor, all of the improvements, including any and all Improvements erected, 30 constructed, and/or placed in, on or upon the Leased Premises by Lessee at any time during the life hereof (not including personal/removable trade fixtures) shall become part of the realty and the property of Lessor. Upon such improvements becoming part of the realty and the property of Lessor, Lessee shall: a. Within thirty (30) days following the date on which such improvements become part of the realty and the property of Lessor, execute and provide Lessor with a valid bill of sale, transferring all rights, title, interests and ownership in and to such improvements to Lessor, and Lessee shall not be entitled to any remuneration or other consideration whatsoever from Lessor for the value, if any, of such improvements; and b. Such improvements shall be given over to Lessor free and clear of any and all encumbrances, liens, claims, or demands of any nature or description whatsoever but without any warranty of any kind by Lessee. B. As-Constructed/Record Drawings. No later than thirty (30) days following issuance of a Certificate of Occupancy for the Facilities, Lessee shall furnish to Lessor one complete set of hard copy paper drawings showing the "as-constructed" or "as-built" improvements, which shall include, by way of illustration and not limitation, plumbing and electrical systems. Record drawings shall be dated and stamped by the engineer or architect of record. A complete set of electronic CAD drawings, on AutoCAD version 2010, or latest version, reflecting the same information as the record drawings shall be delivered to Lessor at the same time. Delivery of electronic CAD drawings shall be on compact disc (CD) along with necessary printing or plotting information to allow Lessor to reproduce such drawings. C. Environmental Study. Prior to Lessee making improvements to Premises, Lessee must conduct an environmental study to determine the condition of the location prior to the installation of any fuel storage tanks on the Lease Premises. Lessee must provide a copy of the report to the Lessor upon completion. 1. Upon the end of this Agreement or termination, whichever occurs first, Lessee shall conduct an environmental study of the Premises after the removal of all fuel storage tanks. Lessee must provide a copy of the report to the Lessor upon completion. The initial report and final report shall be compared. Any remediation of the location due to operations by the Lessee must be completed by Lessee within 180 days of the completion of the final report for the location. After remediation is complete, a closeout environmental study must be completed and submitted to the Lessor. All costs for environmental reports are the sole responsibility of the Lessor. Failure to complete any of the environmental reporting or remediation required by the Lessee will trigger an automatic claim against the Lessee’s pollution insurance policy by Lessor. D. Preliminary Plans and Specifications. Within thirty (30) days following the Effective Date of this Agreement, Lessee shall submit to the Director of Airports, for review, Lessee's Preliminary Plans and Specifications, and/or such other documents as may be required by Director's designated representative, for the Facilities to be constructed, to include the relocation of any utilities if deemed necessary. The Preliminary Plans and Specifications and/or required documents will be reviewed and written comments 31 provided to the Lessee by the Lessor by and through the Director within sixty (60) days of submittal. Any denial or unfavorable comment by the Director may need to be addressed prior to an Air Space Study pursuant to Section 7.04 of this Agreement can be complete, but in any event, must be corrected before the plans and specifications receive final approval. E. Final Plans and Specifications. 1. If there is an unfavorable finding by the FAA, pursuant to this section, the Lessee must resolve those conflicts to the satisfaction of the FAA and the Director and before submission of the Final Plans and Specifications are submitted for review and approval of the Lessor. 2. Lessee shall submit for review by the Lessor, by and through the Director, its Final Plans and Specifications within ninety (90) days of receiving the Lessee's review comments to the Preliminary Plans and Specifications. If approved, the Director will provide written approval of the Final Plans and Specifications to the Lessee within sixty (60) days of the approval of the plans and specifications by the City, building permits obtained and FAA approval pursuant to this section. There shall be no material changes, additions, alterations, or deletions thereto unless the same shall first be approved in writing by Lessor, by and through the Director. 3. In the event that the Director denies the Final Plans and Specifications, Lessee shall have the right to terminate the Agreement provision regarding the Capital Improvement of installing a fuel storage tank without liability to Lessor and with no further obligations as to that specific provision. 4. Upon approval of the Final Plans and Specifications by the Director of Airports and the issuance of the Notice to Proceed, there shall be no material changes, additions, alterations, or deletions thereto unless the same shall first be approved in writing by Lessor, by and through the Director of Airports. Lessor shall have the complete right and authority to look solely to the Lessee to abide by the terms, conditions, and obligations set forth in this Agreement; and Lessee understands and agrees that Lessee is solely responsible for and bound by the terms, conditions, and obligations and assurances of this Agreement and that Lessor is relying solely on the Lessee for the proper construction of the Facilities, relocation utilities if determined necessary by either party and subject to Lessor approval, and maintenance of the Fuel Facilities for the sole purpose of operating a FBO. 5. The approval by the Director of the Final Plans and Specifications or any additions, changes, alterations, modifications, or deletions thereto during the course of construction, shall not be construed so as to create a partnership, joint venture, or agency relationship between the parties hereto; and in no event, shall such approval be construed or be represented to be a contract between the Lessee, Lessee's architect and/or engineer, and the Lessor. 6. Final Site Plan. Upon completion of the construction, a Final Site Plan based upon the as built plans shall be submitted to the Director by the Lessee for approval within sixty (60) days, which shall not be unreasonably withheld. 32 Lessor's approval of the Final Site Plan shall be limited to items that materially deviate from the Final Plans and Specifications or that otherwise violate the terms of this Agreement or applicable federal, state, or local laws or regulations. Lessor shall indicate in writing the aspects of the Final Site Plan that are not approved within sixty (60) days and Lessee shall have thirty (30) days thereafter to commence work on bringing such items into substantial compliance with the Final Plans and Specifications. The Final Site Plan shall be attached to this Agreement as revised Exhibit A hereto by written amendment showing the precise location of all the Facilities and providing the legal description of the portion of the Premises on which the Fuel Facilities is situated. F. Permits and Commencement of Construction Activities. 1. Before construction begins, Lessee shall acquire or cause Lessee's contractor to acquire all necessary permits and bonds for construction, enter into its necessary construction contract(s), secure financing and financing approval from the Trust where applicable, and obtain the building permit from the City for the construction of the Facilities. In the event any permits require approved plans to be modified, all modifications should be presented to the Director for written approval. 2. No construction of said Facilities shall commence until Lessee or Lessee's contractor has provided copies of all permits, bonds, and certificates of insurance required hereunder to the Director, and Lessor, by and through the Director, has issued a written notice to proceed to Lessee or Lessee's Contractor authorizing the construction to commence. 3. If Lessee is unable to obtain the required permits or other necessary approvals for the construction of the Facilities, and Lessee has exhausted all reasonable efforts to obtain such required permits or necessary approvals, then Lessee shall be allowed to terminate this Agreement after providing thirty (30) day advance written notice thereof to the Lessor in which case this Agreement shall be terminated, null and void, after the expiration of the notice period, and Lessee shall vacate the Premises within the notice period set forth in this Lease. In the event the Lessee has started any construction activities, without the required permits or other necessary approvals then Lessee shall restore the premises to the condition it existed prior to the Lessee's use and occupation or be deemed in trespass. 4. The Lessee shall commence construction activities within ninety (90) days of approval of the Final Plans and Specifications and issuance of the Notice to Proceed by the Director unless such period of time is extended in writing by the Director. The Notice to Proceed shall include the date the Construction Period pursuant to this Agreement will commence. Section 7.03 Hazardous Materials and Fueling Activities. A. Hazardous Material(s). Lessee hereby covenants not to permit or introduce any Hazardous Material(s), other than those specifically addressed in this Agreement to be brought upon, used, kept, or generated or stored in or about the Premises, by Lessee, its agents, employees, contractors, or invitees without the prior written consent of the 33 Lessor, by and through the Director, which consent shall not be unreasonably withheld as long as Lessee demonstrates to the Director's reasonable satisfaction that such Hazardous Material is necessary or useful to Lessee's operation hereunder and will be used, kept, generated, and stored in a manner that complies with all Environmental Law(s) regulating any such Hazardous Material(s). Provided however, any previously unapproved Hazardous Materials shall only be stored temporarily pending disposition and only in a manner utilizing Best Management Practices and in compliance with all Environmental Laws. All drums, tanks or containers that contain Hazardous Materials shall be properly labeled. If Lessee breaches the obligations stated in this Article, or if the presence of Hazardous Material or chemicals that may become Hazardous Materials on or migrating from the Premises is caused or permitted by Lessee or its agents, employees, contractors, or invitees and results in Contamination, or if Contamination occurs from Lessee's operations on the Airport, then Lessee is legally liable to Lessor and the City for damage resulting there from pursuant to this Lease as well as any applicable federal, state or other relevant authority. B. Compliance with Environmental Law(s) and Regulations. Lessee, or Lessee's contractor shall conduct all of their activities: (i) in compliance with Environmental Laws, the environmental provisions of this Lease, the Lessor's rules and regulations and any other applicable laws and regulations; (ii) in cooperation with the Lessor in the Lessor's efforts to comply with applicable Environmental Laws; and (iii) in adherence with the Minimum Standards for Fresno Chandler Executive Airport applicable to the Lessee's use of the Premises. In the event of a conflict between any provisions of this Lease or any Environmental Laws, the more stringent provisions shall govern. Lessee shall be responsible for any applicable permits or licenses necessary for the discharge or runoff associated with its activities. C. Hazardous Materials Release. Without limiting the foregoing, if Lessee or its agents, employees, invitees, or contractors should in any manner, leak, discharge, spill or release Hazardous Materials on the Airport or Premises, Lessee and its agents, or contractors shall be strictly liable to the Lessor, jointly legally and financially responsible and will incur direct liability pursuant to Environmental Laws. Lessee or its agents, employees, invitees or contractors shall respond to the Hazardous Materials release in compliance with all Environmental Laws including any required reporting as well as prompt removal of such Hazardous Materials and any resulting Hazardous Materials Contamination with agency oversight as required by Environmental Laws. Notwithstanding any other provisions regarding assignment and subletting of this Lease and in the event of assignment of the Lease or subletting of any portion of the premises covered by this Lease, then both the Assignee/Assignor or the Sublessor/Sublessee, whichever the case may be, shall be jointly responsible to fully comply with this Article whether such Hazardous Materials release or Contamination occurs before, during, or after such assignment or subletting of the Premises but arises from the use and occupation of the Premises by the Assignee/Assignor or the Sublessor /Sublessee. 1. Immediate Response. Lessee shall immediately notify City firefighting and Airport Operations of any leak or spill as soon as they are known to Lessee. Lessee shall immediately respond to leaks and spills of material that is or may become Hazardous Material in order to contain, remove, recover, clean, and dispose as necessary and shall remove, to the extent reasonably practicable, all spilled, leaked, released or accumulated fuel, oil, grease, Hazardous Material or Contamination caused by Lessee's operations. In the event of a release of 34 Hazardous Material in a reportable amount, Lessee must fulfill all required reporting obligations to the regulatory agency or agencies with jurisdiction over the Hazardous Material release. 2. Mitigation and Remediation. Lessee shall promptly undertake, at Lessee's sole expense, or cause Lessee's sublessee to undertake all actions necessary to ensure that any violation of Environmental Laws or violation of the environmental provisions of this Lease, or any release of Hazardous Material or Contamination caused by Lessee, its officers, directors, employees, agents, contractors, sublessee, and invitees in any way associated with the Premises or Airport is permanently mitigated to prevent further reoccurrence and remediated to such a condition that a "No Further Action" determination of completion or its equivalent is obtained from the regulatory or equivalent agency or agencies with jurisdiction over the Hazardous Material release and/or the Contamination. As a basis for obtaining a "No Further Action" determination, Lessee may not rely on any limiting condition or restricted use of the Lessor's property unless such conditional or restricted use has been approved in writing by the Lessor, in Lessor's reasonable sole discretion, prior to the regulatory agency's approval. The Premises and Airport shall be reasonably returned to the condition existing prior to the introduction of any such Hazardous Material. Prior to proposing any limiting condition or restricted use as the basis for corrective action or remediation proposal to the regulatory agency, Lessee shall seek the Lessor's approval of corrective action or remediation using a risk based corrective action approach to achieve a conditional "No Further Action" or equivalent determination of completion. Should the Lessor approve such an alternative risk-based approach in the sole discretion of the Lessor, which shall not be unreasonably withheld, then the Lessee agrees that it shall remain liable for, and indemnify and hold harmless Lessor from, any environmental costs the Lessor may incur in the future in relation to any residual contamination residing on Lessor property after Lessee has completed such a risk-based corrective action, which liability and indemnification shall survive the termination of this Lease without limitation pursuant to provisions in this Agreement. With respect to risk-based cleanup and subject to Lessee's continuing obligation to indemnify Lessor for any Hazardous Materials on the Premises, the Lessor agrees to reasonably approve cleanup criteria and investigation, monitoring, and remediation activities that comply with Environmental Laws and are consistent with both current commercial/industrial uses at the site as well as the Lessor's future development plans for the site. The Lessor further agrees that it will not unreasonably withhold approval of any reasonable risk-based, remediation- derived institutional control(s) consistent with the foregoing standard as long as any institutional control(s) are consistent with the Lessor's use or intended use of the property. 3. Lessor's Rights of Notice, Review and Comment. Lessee shall provide the Lessor advance draft(s) of all proposed report, response, remediation, or restoration action deliverables to be submitted to the regulatory agencies and shall allow the Lessor reasonable time of not less than 60 days to submit comment and to provide Lessor approvals for any proposed risk-based remediation approaches prior to their submission to the regulatory agencies. 35 Within thirty (30) calendar days following completion of any immediate response, remediation or restoration action required by this Lease or the Environmental Laws, Government shall provide the Lessor with a written report outlining, in detail, what has been accomplished. D. Environmental Indemnification. In addition to all other indemnities provided in this Lease, Lessee agrees to defend, indemnify, and hold the Lessor free and harmless from any and all claims, causes of action, regulatory demands, liabilities, fines, penalties, losses, and expenses, including without limitation cleanup or other remedial costs (and including reasonable attorneys' fees, costs and all other reasonable litigation expenses when incurred and whether incurred in defense of actual litigation or in reasonable anticipation of litigation), arising from the generation, manufacture, processing, use, release or other spills or leaks of chemicals and products that are or may become Hazardous Materials, the existence or discovery of any Hazardous Materials in excess of the levels allowed by Environmental Laws or violations of the Environmental Laws on the Premises, the subsurface or the migration of any Hazardous Material from the Premises to other properties or into the surrounding environment, caused by the Lessee or its operations whether: (i) made, commenced or incurred during the Term, or (ii) made, commenced or incurred after the expiration or termination of this Lease if arising out of events occurring during the term; provided, however, Lessee's obligation to indemnify the Trust and City pursuant to this Section shall not apply with respect to either: (i) any Hazardous Material released by the City, its Employees, officers, agents and volunteers, or (ii) any Hazardous Material (for which Lessee is not otherwise responsible) clearly migrating onto the Premises from some other location through no fault of Lessee. The foregoing indemnity shall survive the expiration or earlier termination of this Agreement and will not be affected in any way by the amount of or the absence in any case of covering insurance or the failure or refusal of any insurance carrier to perform any obligation on its part under insurance policies affecting the Premises. In addition, Lessee shall be responsible for any environmental cost associated with negligence or willful acts or omission by Lessee, and notifications to appropriate regulatory agencies arising there-from. E. Remedies Not Exclusive. No remedy provided herein shall be deemed exclusive. The Lessor shall be entitled to full reimbursement from Lessee whenever the Lessor incurs any costs or experiences any reasonable quantifiable loss or liability resulting from Lessee's use, generation or management of Hazardous Materials on the Premises, including but not limited to, costs of investigation, clean-up or other remedial activities, fines or penalties assessed directly against the Lessor, injuries to third persons or other properties, and loss of revenues resulting from an inability to re-lease or market the property due to its environmental condition, even if such loss of revenue occurs after the expiration or earlier termination of the Agreement. F. Environmental Reporting and Permitting. To the extent applicable, Lessee shall make available to the Lessor upon request copies of all documents and reports for all Hazardous Materials used or stored on the Premises. To the extent applicable, Lessee shall provide the Lessor with copies of any environmentally related regulatory permits or approvals (including revisions or renewals) and any material plan, report or notice Lessee maintains on the Premises, or receives from, or provides to, any governmental unit or agency in connection with Lessee's use, generation or management of Hazardous Materials or the presence, or possible presence, of any Hazardous Materials 36 or Contamination in, on, about, from, or adjacent to the Premises. To the extent applicable, Lessee shall make available to the Lessor, upon request, copies of all stormwater-related plans, reports, and compliance documentation as deemed required by state, local or federal laws or regulation. G. Violation of Environmental Laws. If there is a violation of any Environmental Laws concerning the presence, use, generation, storage or other management of Hazardous Materials Lessee shall promptly take such action as is necessary to mitigate and correct the violation. If Lessee does not act in a prudent and prompt manner, the Lessor reserves the right, but not the obligation, to come onto the Premises, to act in place of the Lessee (Lessee hereby appoints the Lessor as its agent for such purposes) and to take such action as the Lessor deems necessary to ensure compliance or to mitigate the violation. If the Lessor has a reasonable belief that Lessee is in violation of any Environmental Laws, or that Lessee's actions or inactions present a threat of violation or a threat of damage to the Premises, the Lessor reserves t he right to enter onto the Leased Premises and take such corrective or mitigating action as the Lessor deems necessary. All reasonable and necessary costs and expenses incurred by the Lessor in connection with any such actions shall become immediately due and payable by Lessee upon presentation of an invoice therefor. Interest shall accrue on all unpaid sums at the rate of one and one-half (1.5%) percent per month. H. Fuel and Fueling Activities. Lessor acknowledges that Lessee or a contractor on Lessee's behalf, if applicable, may introduce and store Hazardous Materials on the Premises through Lessee's FBO activities. Lessee shall own all fuel and be responsible for any Hazardous Material Contamination occurring on the Premises in accordance with this Article. All fuel products and waste generated from the use of these products shall be stored, used, and disposed of in strict compliance with the applicable Environmental Laws. In this regard, Lessee is permitted to store fuel in up to two (2) above-ground storage tanks (a 12,000 AvGas and a to be added JetA fuel tank). Lessee shall be the registered owner of any storage tanks and shall be solely responsible for the maintenance and removal of any storage tanks in accordance with applicable regulatory requirements. Any new storage tanks for fuel shall be approved by the Director which such approval shall not be unreasonably withheld. Section 7.04 Removal and Restoration. Upon expiration or earlier termination of this Agreement all improvements constructed shall become the property of the City, except all fuel- related tanks and infrastructure shall be removed at the end of this Agreement or upon termination, whichever occurs first, at the sole expense of the Lessee. All removal must be in compliance with applicable Federal, State and Local laws and regulations. Lessee agrees to quietly and peacefully surrender possession of the Premises to Airports in the same condition as it was provided at the commencement of this Agreement. Lessee is to complete all Environmental testing required return the premises to its original condition with regards to installation and removal of all fuel storage tanks on the Premises. ARTICLE VIII: OPERATING STANDARDS Section 8.01 Minimum Standards In doing business(es) at the city’s airports, Lessee agrees to comply with each and every one of the Minimum Standards affecting such business(es) as city may from time to time adopt and 37 promulgate. Moreover, in using the City’s airports or conducting any operations thereat or thereon, Lessee agrees to comply with all applicable rules and regulations then in effect. Continued failure to comply with any minimum standard, rule or regulation within a reasonable time after instruction by city to do so will constitute a material breach of this Lease. Section 8.02 Designation Of Local Representative By Lessee. Lessee shall at all times retain in the local area a qualified, competent and experienced representative to supervise its operations and authorized to represent and act for Lessee in matters pertaining to the day-to-day conduct of Lessee's business operations on the Premises. During any temporary periods of absence by said representative, an alternate representative of Lessee with like authorization must be present. Lessee shall at all times keep the Airports Director advised as to who Lessee's authorized representative is and how immediate communication can be established with that representative on a 24-hour basis in the event of an emergency. Section 8.03 Quality Of Service. In entering into this Lease, Lessor has foremost in mind providing the aviation public with facilities and services of high quality, commensurate with the trade that is accustomed to using contemporary airport facilities, and Lessee (together with its tenants and sub-Lessees, if any) agrees to conduct its/their business in a proper and first-class manner at all times. Lessee further agrees that any and all services provided by Lessee and/or by Lessee's tenants and sub- Lessees at Airport shall at all times be rendered in a prompt, clean, courteous, efficient, safe, and professional manner and that any and all persons employed by Lessee, Lessee's tenants and sub-Lessees for the purpose of providing any services shall at all times be professionally qualified and, as and when required, properly trained, certified and/or licensed to so perform, and that the number of such persons shall at all times be adequate to meet the demand for such services as shall provided under authority hereof. Section 8.04 Hours of Operation. Lessee’s services in and at the Premises shall be available a minimum of forty (40) hours per week except for an annual vacation period of not more than three weeks. Section 8.05 Outside Storage. No materials, supplies, products, equipment or other personal property (other than operational vehicles directly related to the business in regular use) shall be stored or permitted to remain outside any approved buildings or structures except within approved outside storage yards constructed by Lessee, at Lessee's cost and expense, so as to meet the requirements and standards of this Lease and Lessor’s Development Department. Section 8.06 Signs. A. Company Signs: The location, size, shape, construction, materials and general appearance of any and all signs to be installed on any portion of the Premises so as to be exposed to public view shall be subject to the prior written approval of Director before installation. B. Other Authorized Signs: Lessee may also post other signs and notices as may be required by legal authority or operational prudence, such as, but not limited to, airport security notices, safety hazard warnings, directional and warning signs for aircraft and 38 surface vehicle traffic, etc. Such signs will be limited to those which are required or prudent, will be no larger than is required in order to be seen by the intended viewer, and, in all cases, shall be neatly prepared and installed, have a finished and professional appearance, and be maintained in such condition as long as they are in place. C. Commercial Advertising Signs: Lessee shall not suffer or permit to be installed upon or maintained on the Premises, or on the outside of any improvements located thereon, any billboards or commercial advertising signs of any type whatsoever. D. Used Or Temporary Buildings/Structures: No used buildings/structures and/or temporary buildings/structures may be moved onto or installed on the Premises. K. Liability for damage: Lessee shall be liable for and shall promptly repair any damage to the Premises where such damage shall be caused by any act or omission on the part of Lessee, Lessee's employees, contractors, agents, representatives, tenants, sub- Lessee's, customers, or invitees. Lessee shall also be liable for and shall promptly repair any damage to other airport Premises/facilities where such damage shall be caused by any act or omission on the part of Lessee, Lessee's employees, contractors, agents, or representatives. Should Lessee fail or be unable to promptly effect any such repairs within thirty (30) days following Lessor's notice of the need therefor, Lessor shall have the right to make such repairs, and Lessee agrees to reimburse Lessor for all costs of such repairs, including administrative costs, within thirty (30) days following Lessor's providing Lessee with a bill for such costs. ARTICLE IV: DESTRUCTION OF IMPROVEMENTS Section 9.01 General. In the event that any improvements located in or on the Premises shall be partially or totally destroyed at any time during the term hereof, the respective rights and obligations of the parties hereto with respect to reconstructing, re-building, restoring and/or repairing such improvements, and/or with respect to the matter of the continuance or termination of this Lease following such destruction, shall be controlled by the provisions of this Article, and Lessee shall notify Director of any instance of destruction of or major damage to such improvements immediately upon Lessee's becoming aware of any such occurrence. Section 9.02 Definitions and Remedies. For the purposes of this Article of this Lease, the following definitions and remedies shall apply: A. "Partial Destruction": The term "partial destruction", as used herein, shall be deemed to mean a destruction of improvements to such an extent that the total costs of reconstructing/restoring/repairing/replacing the improvements, to as good a condition of habitability and/or usability (for those certain uses herein authorized and intended therefor) as existed immediately prior to the occurrence of any such destruction, shall not exceed fifty percent (50%) of the total replacement cost of all of the improvements located in and on the Premises as of the date immediately preceding the date of such destruction. In the event of Partial Destruction, subject to subsection C below, Lessor may agree to restore the Premises and Lessee shall remain in possession without abatement of rent, or either party may terminate this Lease in the manner provided herein. 39 B. "Total Destruction": The term "total destruction", as used herein, shall be deemed to mean a destruction of improvements to such an extent that the total costs of reconstructing/restoring/repairing/ replacing the destroyed improvements, to as good a condition of habitability and/or usability (for those certain uses herein authorized and intended therefor) as existed immediately prior to the occurrence of any such destruction, shall exceed fifty percent (50%) of the total replacement cost of all of the improvements located in and on the Premises as of the date immediately preceding the date of such destruction. In the event of Total Destruction, subject to subsection C below, Lessor may agree to restore the Premises and Lessee’s rent shall abate for such period, or either party may terminate this Lease in the manner provided herein. C. Partial or Total Destruction as the Result of Willful Misconduct on the Part of Lessee: In the event any or all of the improvements located in or on any part or all of the Premises shall, at any time during the term hereof, suffer either partial or total destruction, if such destruction shall be caused by a casualty not covered under any insurance policy(ies) maintained by lessee, and shall be the result of any willful misconduct on the part of lessee, this lease shall continue in full force and effect, without any abatement of rental, and lessee shall, at Lessee's cost and expense, promptly commence the reconstruction, restoration, replacement, and/or repair of such improvements and shall diligently prosecute and complete such reconstruction, restoration, replacement, and/or repair, within a reasonable period time, so as to restore said improvements to as good or better condition of habitability and/or usability (for those certain uses herein authorized and intended therefor) as existed immediately prior to the occurrence of any such destruction. ARTICLE X: ASSIGNMENT, SUBLEASING, AND HYPOTHECATION, TRANSFER AND ASSIGNMENT BY DEED OF TRUST Section 10.01 General. Nothing within this Lease contained shall be deemed to allow Lessee or Lessee's successors or assigns, either voluntarily or by operation of law, to hypothecate, encumber, sell, assign, surrender, or otherwise transfer this Lease, in whole or in part; or to hypothecate, encumber, sell, assign, surrender, or otherwise transfer, in whole or in part, any of Lessee's rights, title and/or interests in or to any part or all of the Premises and/or in or to any part or all of the improvements and appurtenances which existed therein or thereon at the commencement of the term hereof or which may, at any time and from time to time, be constructed/installed therein or thereon during the term of this Lease; or to rent, sublet or otherwise permit/allow/suffer occupancy and/or use of any part or all of the Premises by any person or entity, other than Lessee, except with the consent of Lessor. Section 10.02 Assignment. A. Assignment: Lessee may not and shall not sell, transfer or make any assignment of this Lease to any other person(s) or entity(ies) whomsoever without the prior written consent of Lessor and any purported/attempted sale, transfer and/or assignment of this Lease, following Lessee's fulfillment of such obligations, without such advance written consent, shall be null and void and shall constitute a breach of this Lease. Any person or entity to whom this Lease is sold, transferred or assigned shall be required to comply with and fulfill all terms and conditions of this Lease. 40 1. Lessor shall not be obligated to consent to and shall not consent to any sale, transfer and/or assignment of this Lease by Lessee to any other person or entity whomsoever where Lessee shall be in default of any of its obligations thereunder as of the date on which Lessor's consent to the sale, transfer and/or assignment would have otherwise been given. B. Lessor's consenting to any such actions shall not constitute a waiver of the conditions, limitations, and restrictions of this Article relative to further or other such actions, which conditions, limitations, and restrictions apply to each and every sale, transfer and/or assignment hereof and shall be binding upon each and every transferee, assignee, and/or other successor in interest of Lessee. Section 10.03 Subleasing. A. Sub-Leasing: Lessee may not and shall not sub-lease any part or all of the Premises to any other person(s) or entity(ies) whomsoever without the prior written consent of Lessor, and any attempted/purported sub-leasing without such advance written consent shall be null and void and shall constitute a breach of this Lease. 1. Neither the provisions of any sub-lease consented to by Lessor nor the fact that Lessor consented to any sub-lease shall, in any way whatsoever, be deemed to relieve Lessee of any one or more of Lessee's obligations under this Lease. 2. Lessor's consenting to any sub-lease shall not constitute a waiver of any one or more of the conditions, limitations, and restrictions in this Article relative to further or other sub-lease agreements, which conditions, limitations and restrictions shall apply to each and every sub-lease and shall be binding upon each and every sub-Lessee, assignee, transferee, and/or any other successor in interest of Lessee. 3. Lessor shall have the right to withhold its consent to any sub-lease where Lessee shall be in default of any of its obligations under this Lease as of the date on which Lessor's consent to the sub-lease would otherwise have been given. B. Form of Sub-Leases: Any Sub-Leasing of any part or all of the Premises by Lessee to any other person or entity shall be effected by means of a written sub-lease agreement prepared in a generally accepted contract form and executed by both Lessee (as sub- Lessor) and the sub-Lessee named therein. C. Use of Premises by Sub-Lessees: No Sub-Lease entered into by Lessee concerning any part or all of the Premises shall authorize or allow any Sub-Lessee to use any part or all of the sub-leased portion(s) of the Premises for any uses/purposes/activities other than those certain uses/purposes/activities authorized and intended therefore within Section 3.02 of Article III, hereof. D. Term of Sub-Leases: Lessee may not and a shall not sub-lease any part or all of the Premises for any term extending beyond the day immediately preceding the ending date of the term of this Lease and any extension thereof. E. Merger: Pursuant to the provisions of Section "13.11" of Article XIII hereof, the voluntary or other surrender of this Lease by Lessee, or a mutual cancellation hereof, or a termination by Lessor, or an automatic termination, or termination by a court of competent jurisdiction, or any other termination hereof shall not work a merger, and 41 shall, at Lessor's option, terminate any or all existing sub-leases/sub-tenancies; or may, at the option of Lessor, operate as an assignment to Lessor of any or all such sub- leases/sub-tenancies. F. Priority of Instruments: Whether or not such be clearly evidenced by an appropriate provision within any sub-lease made and entered into by and between Lessee and any other person or entity concerning any part or all of the Premises (and notwithstanding the absence of any such evidence within any sub-lease consented to by Lessor) any and all sub-leases shall be subject to any and all of the terms, covenants, conditions, prohibitions, limitations, reservations, restrictions, warranties, agreements, and provisions of this Lease and to any and all rights and interests of Lessor therein and thereto, none of which shall be deemed to be waived by any consent of Lessor to any such sub-lease. Neither the intent nor language of any sub-lease entered into by and between Lessee and any other person(s) or entity(ies) concerning any part or all of the Premises shall conflict with any of the terms, covenants, or conditions of this Lease and, in the event of any conflict between the provisions of this Lease and the provisions of any such sub-lease, the provisions of this Lease, in each and every instance, shall control. G. Notice by Lessee: Not less than thirty (30) days prior to the start date of the term of any sub-lease agreement, Lessee shall provide Lessor with written notice of Lessee's intent to sub-lease that certain portion of the Premises identified within the particular sub-lease for which Lessor's consent shall be requested. Any and all such notices shall be accompanied by a non-returnable, full, complete and fully executed copy of the sub- lease(s) involved and shall contain Lessee's request for Lessor's consent thereto in writing. H. Amendments: Once Lessor's consent shall be given for any particular sub-lease, that sub-lease may not and shall not be modified in any way whatsoever other than in writing, signed by the parties in interest at the time of the modification, and any such modification shall be null and void unless approved by Lessor, in writing, prior to the effective date thereof. Section 10.04 Hypothecation, Transfer And Assignment By Deed Of Trust. A. General: Nothing within this Lease contained shall, in any way whatsoever, be deemed to allow Lessee or Lessee's successors or assigns to mortgage, pledge, hypothecate, or otherwise encumber either this Lease, any part or all of the Premises, or any one or more of the improvements located anywhere in or on said Premises, except as may be approved by Lessor. B. Lessor's Consent: Neither Lessee nor any buyer or purchaser may hypothecate, transfer, sublease, encumber and/or assign this Lease and leasehold estate, in whole or in part, by any deed of trust without first obtaining the written consent of Lessor in advance, and any attempted or purported hypothecation, transfer, sublease, encumberance and/or assignment of this Lease by deed of trust (or otherwise) without such consent shall be null and void and shall constitute a breach of this Lease. C. Lessor's Consent Given/Accepted Subject to Terms, Covenants, Conditions, Agreements and Provisions of Lease: In the event Lessor shall give its consent in writing to any hypothecation, transfer, sublease, encumberance and/or assignment of this Lease and the leasehold estate by any deed of trust to any reputable lender as security 42 for repayment of a loan made pursuant to the provisions of this article, such consent shall be deemed to be given by Lessor (and accepted by the particular lender/beneficiary concerned) subject to and/or conditioned upon all of the covenants, conditions, warranties, terms, agreements and provisions of this Lease applicable thereto. D. Lessor's Consent Not a Waiver of Any of Lessor's Rights and Interests: 1. Except as may otherwise be expressly set forth within Lessor's written consent thereto, any and all such trust deeds and any and all of the rights acquired by any and all persons or entities thereunder shall be subject to all of the terms, covenants, conditions, reservations, restrictions, prohibitions, limitations, warranties, agreements, and provisions of this Lease, and to any and all of the rights and interests of Lessor therein and thereto, none of which shall be waived by any such consent. 2. Lessor's consenting to any such action shall not constitute a waiver of the conditions, limitations, and restrictions set forth within this Lease relative to further or other such actions, which conditions, limitations, and/or restrictions shall be binding upon each and every assignee, transferee or other successor in interest of Lessee. E. Request for Lessor's Consent During a Period When Lessee is in Default: Lessor shall have the right to withhold its consent to any deed of trust where Lessee shall be in default of any of its obligations under this Lease as of the date on wh ich Lessor's consent to assignment by the deed of trust would have otherwise been given, provided that Lessee was notified of default, and failed to cure within the time required. ARTICLE XI: DEFAULT Section 11.01 Default By Lessor. Lessor shall work to fulfill obligations required of Lessor under the Lease within a reasonable period of time. Section 11.02 Default By Lessee. A. Defaults: the occurrence of any of the following events shall constitute a material default and breach of this Lease by Lessee: 1. The vacating or abandonment of the Premises by Lessee. 2. The failure by Lessee to use the Premises for lawful purposes only and/or failure by Lessee to comply with or observe any statute, law, ordinance, rule, regulation, standard or requirement of any federal, state, or local government entity with respect to Lessee's occupancy(ies) and/or use(s) of any part or all of the Premises, as suc h statutes, laws, ordinances, rules, regulations, standards or requirements exist(ed) on the commencement date of the term of this Lease or as such may exist at any time and from time to time during the term thereof, where any such failure shall be evidenced by either a finding or judgment of any court of competent jurisdiction or where any such shall be admitted by Lessee in any proceeding brought against Lessee by any government entity. 43 3. The inability of and/or failure by Lessee to obtain, pay for, and maintain in full force and effect at all times during the term of this Lease, without any lapse in coverage, such insurance as shall be required of Lessee thereunder. 4. The occurrence of any of the following: a. Lessee's becoming insolvent, or failing in business, or the making by Lessee of any general arrangement or an assignment for the benefit of creditors; b. The filing by or against Lessee of a petition to have Lessee adjudged a bankrupt or a petition for reorganization or arrangement under any law relating to bankruptcy (Unless, in the case of a petition filed against Lessee, the same is dismissed within sixty [60] days); c. The appointment of a receiver to take possession of substantially all of Lessee's assets located in or on the Premises or of Lessee's interest in this Lease, where possession is not restored to Lessee within thirty (30) days; or d. The attachment, execution or other judicial seizure of substantially all of Lessee's assets located in or on the Premises or of Lessee's interest in this Lease, where such seizure in not discharged within thirty (30) days. 5. The discovery by Lessor that any financial statement provided Lessor by Lessee, any assignee of Lessee, any successor in interest of Lessee, or any guarantor of Lessee's obligations under this Lease, and/or any one or more of such persons or entities, was materially false. 6. Any hypothecation, encumbrance, sale, assignment, or transfer of either this Lease, in whole or in part; or of any of Lessee's rights, title and interests in or to any part or all of the Premises and/or in or to any part or all of the improvements and appurtenances thereto which exist(ed) therein or thereon at the commencement of the term of this Lease or which may at any time and from time to time be constructed/ installed therein or thereon during the thereof where such action(s) shall not be in full conformity with any and all of the provisions of this Lease applicable thereto; or any attempted/purported renting, subletting or permitting occupancy of any part or all of the Premises by any person or entity other than Lessee. 7. The failure by Lessee to make any payment of rent or any other required payment, as and when due under this Lease, where such failure shall continue for a period of ten (10) days following service of notice thereof upon Lessee by Lessor. 8. The failure by Lessee to keep, observe, undertake, fulfill, or perform any of the terms, covenants, conditions, warranties, agreements, obligations, and/or provisions of this Lease to be kept, observed, undertaken, fulfilled, and/or performed by Lessee, other than those hereinabove , where such failure shall continue for a period of thirty (30) days following service of written notice thereof upon Lessee by Lessor, pursuant to this Lease; provided, however, that if the nature of Lessee's default is such that more than thirty (30) days are reasonably required for its cure, then Lessee shall not be deemed to be in default and breach of this Lease if Lessee commences such cure within said thirty (30) day period and thereafter diligently prosecutes such cure to completion as soon as reasonably possible. B. Lessor's Remedies: 44 1. Abandonment: If Lessee abandons the Premises, this Lease shall continue in effect. Lessor shall not be deemed to terminate this Lease as a result of such material default and breach other than by written notice of termination served upon Lessee by Lessor, and Lessor shall have all of the remedies available to Lessor under Section 1951.4 of the Civil Code of the State of California so long as Lessor does not terminate Lessee's right to possession of the Premises, and Lessor may enforce all of Lessor's rights and remedies under this Lease, including the right to recover the rent as it becomes due under this Lease. After abandonment of the Premises by Lessee, Lessor may, at any time thereafter, give notice of termination. 2. Termination: Following the occurrence of any material default and breach of this Lease by Lessee as set forth within this Section, above, Lessor may then immediately, or at any time thereafter, terminate this Lease by service of a minimum of ten (10) days advance written notice to such effect upon Lessee and this Lease shall terminate at 11:59:59 p.m., on the termination date specified within such notice. 3. Such notice shall set forth the following: a. The default and breach which resulted in such termination by Lessor; and i. A Demand For Possession, which, in the event only ten (10) days advance notice shall be given by Lessor, shall be effective at 12:00:01 A.M., on the eleventh (11th) calendar day following the date on which the notice in which such demand is contained shall be sufficiently served upon Lessee by Lessor in conformity with the "Notice" provisions of this Lease; or, if more than the minimum number of days advance notice shall be given, at 12:00:01 a.m., on the next day following the date specified within such notice as being the date of termination hereof. b. Such notice may contain any other notice which Lessor shall be required or desire to give under this Lease. 4. Possession: Following termination of this Lease by Lessor pursuant to the provisions of this Section, without prejudice to other remedies Lessor may have by reason of Lessee's default and breach and/or by reason of such termination, Lessor may: a. Peaceably re-enter the Premises upon voluntary surrender thereof by Lessee or remove Lessee and/or any other persons and/or entities occupying the Premises therefrom, using such legal proceedings as may be available to Lessor under the laws or judicial decisions of the State of California; b. Repossess the Premises or re-let the Premises or any part thereof for such term (which may be for a term extending beyond the term of this Lease) at such rental and upon such other terms and conditions as Lessor in Lessor's sole discretion shall determine, with the right to make reasonable alterations and repairs to the Premises; and c. Remove all personal property therefrom and store all personal property not belonging to Lessor in a public warehouse or elsewhere at the cost of and for the account of Lessee. 45 5. Recovery: Following termination of this Lease by Lessor pursuant to the provisions above, Lessor shall have all the rights and remedies available to Lessor under Section 1951.2 of the Civil Code of the State of California. The amount of damages Lessor may recover following such termination of this Lease shall include: a. The worth at the time of award of the unpaid rent which had been earned at the time of termination of this Lease; b. The worth at the time of award of the amount by which the unpaid rent which would have been earned after termination of this Lease until the time of award exceeds the amount of such rental loss that Lessee proves could have been reasonably avoided; c. The worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of such rental loss for the same period Lessee proves could be reasonably avoided, and d. Any other amount necessary to compensate Lessor for all the detriment proximately caused by Lessee's failure to perform Lessee's obligations under this Lease or which in the ordinary course of things would be likely to result therefrom. 6. Additional Remedies: Following the occurrence of any material default and breach of this Lease by Lessee as set forth within this Article, above, in addition to the foregoing remedies, Lessor may maintain Lessee's right to possession, in which case this Lease shall continue in effect whether or not Lessee shall have abandoned the Premises and, so long as this Lease is not terminated by Lessor or by a decree of a court of competent jurisdiction, Lessor shall be entitled to enforce all of Lessor's rights and remedies under this Lease, including the right to recover the rent as it becomes due thereunder and, during any such period, Lessor shall have the right to remedy any default of Lessee, to maintain or improve the Premises without terminating this Lease, to incur expenses on behalf of Lessee in seeking a n ew Lessee, to cause a receiver to be appointed to administer the Premises, and to add to the rent payable hereunder all of Lessor's reasonable costs in so doing, with interest at the maximum reasonable rate then permitted by law from the date of such expenditure until the same is repaid. 7. Other: In the event Lessee causes or threatens to cause a breach of any of the covenants, terms or conditions contained in this Lease, Lessor shall be entitled to obtain all sums held by Lessee, by any trustee or in any account provided for herein, to enjoin such breach or threatened breach and to invoke any remedy allowed at law, in equity, by statute or otherwise as though re-entry, summary proceedings and other remedies were not provided for in this Lease. 8. Cumulative Remedies: Each right and remedy of Lessor provided for in this Article or now or hereafter existing at law, in equity, by statute or otherwise shall be cumulative and shall not preclude Lessor from exercising any other rights or from pursuing any other remedies provided for in this Lease or now or hereafter available to Lessor under the laws or judicial decisions of the State of California. 9. Indemnification: Nothing contained within this Article affects the right of Lessor to indemnification by Lessee, as elsewhere within this Lease provided, for liability 46 arising from personal injuries or property damage prior to the termination of this Lease. ARTICLE XII: NOTICES Section 12.01 Written Notices Required. All notices required to be served by Lessor and Lessee, one upon the other, under the terms of this Lease shall be in writing. Section 12.02 Lessee’s Address For Notices. All notices or demands of any kind which Lessor shall have cause to serve upon Lessee under the terms of this Lease shall be serves upon Lessee by mailing a copy thereof by certifies or registered mail, return receipt requested, to Lessee at the address shown below or to such other address as Lessee may, from time to time, specify to Lessor in writing: Flight Level Aviation, LLC. 4955 E. Andersen Ave., Suite 121 Fresno, CA 93727 Section 12.03 Lessor's Address For Notices. All notices or demands of any kind which Lessee shall have cause to serve upon Lessor under the terms of this Lease shall be served upon Lessor by mailing a copy thereof by certified or registered mail, return receipt requested, to Lessor at the address shown below or to such other address as Lessor may, from time to time, specify to lessee in writing. City Of Fresno Airports Department 4995 East Clinton Way Fresno, CA 93727-1525 Section 12.04 Time And Date Of Service. In the event of any service of notice or demand by mail, as above said, such notice or demand shall be deemed to have been sufficiently served as of 12:00:01 a.m., on the fourth (4th) calendar day following the date of deposit in the United States mail of such certified or registered mail properly addressed and postage prepaid. ARTICLE XIII: GENERAL PROVISIONS Section 13.01 Executor's Authority. Each individual executing this Lease on behalf of Flight Level Aviation, LLC., represents and warrants that he/she is duly authorized to execute and deliver this Lease on behalf of said Company in accordance with its governing documents including articles of incorporation and bylaws, and that this Lease is binding upon said Company in accordance with its terms. Section 13.02 Interpretation Of Agreement. Nothing contained within this Lease shall be construed or interpreted, in any manner whatsoever, as limiting, relinquishing or waiving any of the rights of ownership enjoyed by Lessor in and to Airport property, or in any manner waiving or limiting Lessor's control over the 47 operation, maintenance, etc., of Airport property or in derogation of such governmental rights as Lessor possesses, except as is specifically provided for within this Lease. Section 13.03 Waiver Of Breach Of Covenants. No waiver of any default or breach of any covenant by either party to this Lease shall be implied from any omission by either party to take action on account of such default if such default persists or is repeated, and no express waiver shall affect any default other than the default specified in the waiver, and then said waiver shall be operative only for the time and to the extent therein stated. The waiver by either party hereto of any breach of any term, covenant, or condition herein contained shall not be deemed to be a waiver of any subsequent breach of the same covenant, term or condition or of any other term, covenant or condition contained within this Lease. The subsequent acceptance of rent, fees and/or other charges hereunder by Lessor shall not be deemed to be a waiver of any preceding breach by Lessee of any term, covenant or condition of this Lease, other than the failure of Lessee to pay the particular rental, fees and/or other charges so accepted, regardless of Lessor's knowledge of such preceding breach at the time of acceptance of such rent, fees or other charges. The exercise of any right or option or privilege under this Lease by Lessor shall not prevent Lessor from exercising any and all other rights, privileges and options hereunder, and Lessor's failure to exercise any right, option or privilege under this Lease shall not be deemed a waiver of said right, option or privilege, nor shall it relieve Lessee from Lessee's obligation to perform each and every covenant and condition on Lessee's part to be performed hereunder, nor from damages or other remedy for failure to perform or meet the obligations of this Lease. The consent or approval by either party to or of any act by either party requiring further consent or approval shall not be deemed to waive or render unnecessary their consent or approval to or of any subsequent similar acts. Section 13.04 Venue And Litigation. A. This Lease, and the rights and obligations of the parties thereto, shall be construed, interpreted, and enforced pursuant to the laws of the State of California and exclusive venue in any and all actions arising under this Lease shall be laid in the Judicial District of Fresno County, California. B. In any action or proceeding which Lessor or Lessee may be required to prosecute to enforce its respective rights under this Lease, the unsuccessful party therein agrees to pay all costs incurred by the prevailing party therein, including reasonable interest and attorneys' fees, to be fixed by the court, and said costs, interest, and attorneys' fees shall be made a part of the judgment in said action. Section 13.05 Liens And Claims. Lessee shall not suffer or permit to be enforced against Lessor's title to the Premises, or any part thereof, any lien, claim or demand arising from any work of construction, repair, restoration, maintenance or removal as herein provided, or otherwise arising (except liens, claims or demands suffered by or arising from the actions of Lessor), and Lessee shall pay all such liens, claims and demands before any action is brought to enforce same against said Premises; and Lessee agrees to hold Lessor and said Premises free and harmless from all liability for any and all such liens, claims or demands, together with all costs and expenses in connection therewith. Lessor shall have the right at any time to post and maintain on said Premises such notices as may be necessary to protect Lessor against liability for all such liens, claims and demands. 48 Section 13.06 Successors And Assigns. Subject to such limitations and/or requirements as may elsewhere within this Lease be set forth with regard to Lessee's sub-leasing any part or all of the Premises or with regard to either Lessee's assigning this Lease or Lessee's pledging, mortgaging, hypothecating, or otherwise encumbering this Lease or any of Lessee's rights, title and/or interests thereunder, this Lea se and all of the terms, covenants, conditions, stipulations, warranties, prohibitions, limitations, reservations, restrictions, agreements, and provisions therein contained shall extend to and bind the legal representatives, successors and assigns of the respective parties hereto. Section 13.07 Invalid Provisions. In the event any covenant, condition or provision of this Lease, or the application thereof to any person, entity, or circumstance, shall to any extent be held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the terms, covenants, conditions or provisions of this Lease, or the application thereof to any person, entity, or circumstance, shall remain in full force and effect and shall in no way be affected, impaired or invalidated, provided that such invalidity, voiding or non-enforceability of such covenant, condition or provision does not materially prejudice either party in its respective rights and obligations contained in the then remaining valid covenants, conditions or provisions of this Lease. Section 13.08 Captions And Article/Section/Paragraph Numbers. The captions, article numbers, section and sub-section numbers, paragraph and sub-paragraph numbers and/or alphabetical identifiers and index appearing in this Lease are inserted solely for the purpose of convenience in reference and in no way define, limit, construe, or describe the scope or intent of such articles, sections, sub-sections, paragraphs or sub-paragraphs of this Lease nor in any way whatsoever affect this Lease. Section 13.09 Covenants And Conditions. Each provision of this Lease performable by Lessee shall be deemed both a covenant and a condition. Section 13.10 Consents/Approvals. Wherever in this Lease the consent/approval of one party is required to an act of the other party, such consent/approval shall not be unreasonably withheld or delayed. Section 13.11 Merger. The voluntary or other surrender of this Lease by Lessee, or a mutual cancellation hereof, or a termination by Lessor, or an automatic termination, or termination by a court of competent jurisdiction, or any other termination hereof shall not work a merger, and shall, at the option of Lessor, terminate any or all existing Sub-leases/Sub-tenancies or may, at the option of Lessor, operate as an assignment to Lessor of any or all such Sub-leases/Sub-tenancies. Section 13.12 Cumulative Remedies. No remedy or election under this Lease shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity. 49 Section 13.13 Prior Agreements. Amendments: This Lease and those certain Exhibits attached hereto and made a part hereof by reference herein contain all agreements of the parties with respect to any matter mentioned herein. No prior agreement or understanding pertaining to any such matter shall be effective. This Lease may not be amended or otherwise modified in any way whatsoever, except in writing signed by the parties. Except as otherwise stated in this Lease, Lessee acknowledges that neither Lessor nor Lessor's officers, employees or agents has made any oral or written warranties or representations to Lessee relative to the condition or use by Lessee of the Premises and Lessee acknowledges that Lessee assumes all responsibility regarding the Occupational Safety Health Act, the legal use and adaptability of the Premises, and the compliance thereof with all applicable laws and regulations in effect during the term of this Lease except as otherwise specifically stated in this Lease. Section 13.14 Quiet Possession. Upon Lessee paying the rental, fees and/or other charges reserved under this Lease and keeping, observing and/or performing all of the covenants, conditions, warranties, promises, agreements, and/or provisions on Lessee's part to be kept, observed and/or performed thereunder, Lessee shall have quiet possession of the Premises during the full term of this Lease, and any extensions thereto, subject to all of the provisions of this Lease. Section 13.15 Time Of Essence. Time is of the essence with respect to this Lease and matters therein contained. Section 13.16 Review/Examination Of Lease. Submission of the instrument by Lessor for review/examination or signature by Lessee does not constitute a reservation of or option to lease, and the instrument is not effective as a Lease or otherwise, unless and until execution and delivery by both Lessor and Lessee. Section 13.17 Accord And Satisfaction. No payment by Lessee or receipt by Lessor of a lesser amount than the rent, fees and/or charges payment(s) due to be made by Lessee under this Lease shall be deemed to be other than on account of the rent, fees and/or charges due, and no endorsement or statement on any check or in any letter accompanying any check or payment as rent, fees and/or charges shall be deemed an accord and satisfaction, and Lessor may accept such check or payment without prejudice to Lessor's right to recover the balance of such rent, fees and/or charges or to pursue any other remedy provided in this Lease. Section 13.18 National Emergency And Condemnation/Eminent Domain. A. Total Taking/Condemnation of Premises: In the event that the Government of the United States takes over the operation of the Airport, or any part thereof which shall include all of the Premises, by requisition or other unilateral action as the result of a national emergency or otherwise, the lease shall terminate as of the effective date of any such taking; or, if all of the Premises shall be taken by public authority pursuant to condemnation actions(s) under the laws of eminent domain, the lease shall terminate as of the date of title vesting in such proceeding. 50 1. Upon termination of this Lease as a result of either of the events hereinabove described within this Section, the parties hereto shall be relieved of any and all obligations, one to the other, hereunder, not accrued to the date of such termination and Lessor shall promptly return, on a prorated basis, any then unearned rent theretofore paid by Lessee under this Lease. 2. Lessor shall not be liable to Lessee for any injury to Lessee's business or loss of income or any other injury or loss suffered by Lessee as a result of any such taking and/or termination. B. Partial Taking/Condemnation of Premises: In the event that only a part of the Premises shall be taken as a result of any of those actions described in this Section, and if such taking and the reasons therefore shall not constitute a bar to Lessee's continued beneficial occupancy and use of that/those portion(s) of the Premises not so taken, where such taking may reasonably be deemed to not adversely affect Lessee's commercial business operations therein and thereon to a significant extent/degree, this Lease shall continue in full force and effect and that/those certain parcel(s) of land so taken shall be automatically deleted from the Premises leased by Lessor to Lessee thereunder, as of the date of such taking and/or title vesting. C. Awards: In the event that all or part of the Premises shall be taken as a result of any of those actions described in this Section, above, the rights of the parties hereto with respect to such award(s) as shall be paid for such taking shall be as follows: 1. Lessor shall be entitled to the entire amount of any and all compensation awarded by reason of the taking of the leased land and any and all Lessor- owned improvements then located therein or thereon and Lessee waives any right or claim to any part thereof from Lessor or the condemning authority. 2. Subject to the provisions of this Section, below, Lessee shall have the right to claim and recover from the condemning authority such compensation as may be separately awarded or recoverable by Lessee in Lessee's own right on account of: a. The taking of or injury to any Lessee-owned improvements then located on the leased land, including the value of the then existing leasehold interest therein and thereto, to the extent of Lessee's interest therein, based on the value of the then remaining unexpired portion of the term of this Lease, as said value shall be determined in the proceedings for the taking of such operations and awarding such compensation; and b. Any and all cost or loss (including loss of business) which may be incurred by Lessee as a result of Lessee's having to remove Lessee's personal property (including merchandise, furniture, trade fixtures and equipment) to a new location. D. Payments to Encumbrancers: Any compensation which would otherwise be payable to Lessee under this Section, above, shall be paid directly to any known lawful encumbrancer of the leasehold interest, to the extent of such encumbrance. E. Notice and Execution: Upon service of process upon Lessor in connection with EITHER any taking over of Airport by the United States Government OR any condemnation or 51 potential condemnation, Lessor shall immediately give Lessee notice thereof in writing. Lessee shall immediately execute and deliver to Lessor any and all instruments which may be required to fully effectuate any and all of the provisions of this Article if, as and when any such instruments shall be required of Lessee. Section 13.19 Relationship of Parties. Nothing contained in this Lease shall be deemed or construed by the parties or by any third persons to create the relationship of principal and agent or of partnership or joint venture between Lessor and Lessee. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] EXHIBIT “A” Hughes Ave. VICINITY MAP Belmont Ave. Nielsen Ave. FRESNO CHANDLER EXECUTIVE AIRPORT Whites Bridge Rd. Kearney Blvd. California Ave. Church Ave. 2000 0 FEET 4000 AD-2 (3,228 SQ. FT±) West Ave. Fruit Ave. Walnut Ave. Hughes Ave. VICINITY MAP Belmont Ave. Nielsen Ave. FRESNO- CHANDLER DOWNTOWN AIRPORT Whites Bridge Rd. Kearney Blvd. California Ave. Church Ave. 2000 0 FEET 4000 LEASE LOT 1 HAS AN AREA OF 38,873 SQ. FT± FUEL FARM West Ave. Fruit Ave. Walnut Ave. EXHIBIT “B” Airport Sponsor Assurances 3/2014 Page 1 of 20 FAA Airports ASSURANCES Airport Sponsors A. General. 1. These assurances shall be complied with in the performance of grant agreements for airport development, airport planning, and noise compatibility program grants for airport sponsors. 2. These assurances are required to be submitted as part of the project application by sponsors requesting funds under the provisions of Title 49, U.S.C., subtitle VII, as amended. As used herein, the term "public agency sponsor" means a public agency with control of a public-use airport; the term "private sponsor" means a private owner of a public-use airport; and the term "sponsor" includes both public agency sponsors and private sponsors. 3. Upon acceptance of this grant offer by the sponsor, these assurances are incorporated in and become part of this grant agreement. B. Duration and Applicability. 1. Airport development or Noise Compatibility Program Projects Undertaken by a Public Agency Sponsor. The terms, conditions and assurances of this grant agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful life of the project items installed within a facility under a noise compatibility program project, but in any event not to exceed twenty (20) years from the date of acceptance of a grant offer of Federal funds for the project. However, there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport. There shall be no limit on the duration of the terms, conditions, and assurances with respect to real property acquired with federal funds. Furthermore, the duration of the Civil Rights assurance shall be specified in the assurances. 2. Airport Development or Noise Compatibility Projects Undertaken by a Private Sponsor. The preceding paragraph 1 also applies to a private sponsor except that the useful life of project items installed within a facility or the useful life of the facilities developed or equipment acquired under an airport development or noise compatibility program project shall be no less than ten (10) years from the date of acceptance of Federal aid for the project. Airport Sponsor Assurances 3/2014 Page 2 of 20 3. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in this grant agreement, only Assurances 1, 2, 3, 5, 6, 13, 18, 25, 30, 32, 33, and 34 in Section C apply to planning projects. The terms, conditions, and assurances of this grant agreement shall remain in full force and effect during the life of the project; there shall be no limit on the duration of the assurances regarding Airport Revenue so long as the airport is used as an airport. C. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this grant that: 1. General Federal Requirements. It will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines, and requirements as they relate to the application, acceptance and use of Federal funds for this project including but not limited to the following: Federal Legislation a. Title 49, U.S.C., subtitle VII, as amended. b. Davis-Bacon Act - 40 U.S.C. 276(a), et seq.1 c. Federal Fair Labor Standards Act - 29 U.S.C. 201, et seq. d. Hatch Act – 5 U.S.C. 1501, et seq.2 e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U.S.C. 4601, et seq.1 2 f. National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C. 470(f).1 g. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469 through 469c.1 h. Native Americans Grave Repatriation Act - 25 U.S.C. Section 3001, et seq. i. Clean Air Act, P.L. 90-148, as amended. j. Coastal Zone Management Act, P.L. 93-205, as amended. k. Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.C. 4012a.1 l. Title 49, U.S.C., Section 303, (formerly known as Section 4(f)) m. Rehabilitation Act of 1973 - 29 U.S.C. 794. n. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin); o. Americans with Disabilities Act of 1990, as amended, (42 U.S.C. § 12101 et seq.), prohibits discrimination on the basis of disability). p. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et seq. q. American Indian Religious Freedom Act, P.L. 95-341, as amended. r. Architectural Barriers Act of 1968 -42 U.S.C. 4151, et seq.1 s. Power plant and Industrial Fuel Use Act of 1978 - Section 403- 2 U.S.C. 8373.1 t. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et seq.1 u. Copeland Anti-kickback Act - 18 U.S.C. 874.1 v. National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et seq.1 w. Wild and Scenic Rivers Act, P.L. 90-542, as amended. x. Single Audit Act of 1984 - 31 U.S.C. 7501, et seq.2 y. Drug-Free Workplace Act of 1988 - 41 U.S.C. 702 through 706. Airport Sponsor Assurances 3/2014 Page 3 of 20 z. The Federal Funding Accountability and Transparency Act of 2006, as amended (Pub. L. 109-282, as amended by section 6202 of Pub. L. 110-252). Executive Orders a. Executive Order 11246 - Equal Employment Opportunity1 b. Executive Order 11990 - Protection of Wetlands c. Executive Order 11998 – Flood Plain Management d. Executive Order 12372 - Intergovernmental Review of Federal Programs e. Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New Building Construction1 f. Executive Order 12898 - Environmental Justice Federal Regulations a. 2 CFR Part 180 - OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement). b. 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. [OMB Circular A-87 Cost Principles Applicable to Grants and Contracts with State and Local Governments, and OMB Circular A-133 - Audits of States, Local Governments, and Non-Profit Organizations].4, 5, 6 c. 2 CFR Part 1200 – Nonprocurement Suspension and Debarment d. 14 CFR Part 13 - Investigative and Enforcement Procedures14 CFR Part 16 - Rules of Practice For Federally Assisted Airport Enforcement Proceedings. e. 14 CFR Part 150 - Airport noise compatibility planning. f. 28 CFR Part 35- Discrimination on the Basis of Disability in State and Local Government Services. g. 28 CFR § 50.3 - U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964. h. 29 CFR Part 1 - Procedures for predetermination of wage rates.1 i. 29 CFR Part 3 - Contractors and subcontractors on public building or public work financed in whole or part by loans or grants from the United States.1 j. 29 CFR Part 5 - Labor standards provisions applicable to contracts covering federally financed and assisted construction (also labor standards provisions applicable to non-construction contracts subject to the Contract Work Hours and Safety Standards Act).1 k. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and federally assisted contracting requirements).1 l. 49 CFR Part 18 - Uniform administrative requirements for grants and cooperative agreements to state and local governments.3 m. 49 CFR Part 20 - New restrictions on lobbying. n. 49 CFR Part 21 – Nondiscrimination in federally-assisted programs of the Department of Transportation - effectuation of Title VI of the Civil Rights Act of 1964. o. 49 CFR Part 23 - Participation by Disadvantage Business Enterprise in Airport Concessions. Airport Sponsor Assurances 3/2014 Page 4 of 20 p. 49 CFR Part 24 – Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted Programs.1 2 q. 49 CFR Part 26 – Participation by Disadvantaged Business Enterprises in Department of Transportation Programs. r. 49 CFR Part 27 – Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance.1 s. 49 CFR Part 28 – Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities conducted by the Department of Transportation. t. 49 CFR Part 30 - Denial of public works contracts to suppliers of goods and services of countries that deny procurement market access to U.S. contractors. u. 49 CFR Part 32 – Governmentwide Requirements for Drug-Free Workplace (Financial Assistance) v. 49 CFR Part 37 – Transportation Services for Individuals with Disabilities (ADA). w. 49 CFR Part 41 - Seismic safety of Federal and federally assisted or regulated new building construction. Specific Assurances Specific assurances required to be included in grant agreements by any of the above laws, regulations or circulars are incorporated by reference in this grant agreement. Footnotes to Assurance C.1. 1 These laws do not apply to airport planning sponsors. 2 These laws do not apply to private sponsors. 3 49 CFR Part 18 and 2 CFR Part 200 contain requirements for State and Local Governments receiving Federal assistance. Any requirement levied upon State and Local Governments by this regulation and circular shall also be applicable to private sponsors receiving Federal assistance under Title 49, United States Code. 4 On December 26, 2013 at 78 FR 78590, the Office of Management and Budget (OMB) issued the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards in 2 CFR Part 200. 2 CFR Part 200 replaces and combines the former Uniform Administrative Requirements for Grants (OMB Circular A-102 and Circular A-110 or 2 CFR Part 215 or Circular) as well as the Cost Principles (Circulars A-21 or 2 CFR part 220; Circular A-87 or 2 CFR part 225; and A-122, 2 CFR part 230). Additionally it replaces Circular A-133 guidance on the Single Annual Audit. In accordance with 2 CFR section 200.110, the standards set forth in Part 200 which affect administration of Federal awards issued by Federal agencies become effective once implemented by Federal agencies or when any future amendment to this Part becomes final. Federal agencies, including the Department of Transportation, must implement the policies and procedures applicable to Federal awards by promulgating a regulation to be effective by December 26, 2014 unless different provisions are required by statute or approved by OMB. Airport Sponsor Assurances 3/2014 Page 5 of 20 5 Cost principles established in 2 CFR part 200 subpart E must be used as guidelines for determining the eligibility of specific types of expenses. 6 Audit requirements established in 2 CFR part 200 subpart F are the guidelines for audits. 2. Responsibility and Authority of the Sponsor. a. Public Agency Sponsor: It has legal authority to apply for this grant, and to finance and carry out the proposed project; that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. b. Private Sponsor: It has legal authority to apply for this grant and to finance and carry out the proposed project and comply with all terms, conditions, and assurances of this grant agreement. It shall designate an official representative and shall in writing direct and authorize that person to file this application, including all understandings and assurances contained therein; to act in connection with this application; and to provide such additional information as may be required. 3. Sponsor Fund Availability. It has sufficient funds available for that portion of the project costs which are not to be paid by the United States. It has sufficient funds available to assure operation and maintenance of items funded under this grant agreement which it will own or control. 4. Good Title. a. It, a public agency or the Federal government, holds good title, satisfactory to the Secretary, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Secretary that good title will be acquired. b. For noise compatibility program projects to be carried out on the property of the sponsor, it holds good title satisfactory to the Secretary to that portion of the property upon which Federal funds will be expended or will give assurance to the Secretary that good title will be obtained. 5. Preserving Rights and Powers. a. It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in this grant agreement without the written approval of the Secretary, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would interfere with such performance by the sponsor. This shall be done in a manner acceptable to the Secretary. Airport Sponsor Assurances 3/2014 Page 6 of 20 b. It will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the property shown on Exhibit A to this application or, for a noise compatibility program project, that portion of the property upon which Federal funds have been expended, for the duration of the terms, conditions, and assurances in this grant agreement without approval by the Secretary. If the transferee is found by the Secretary to be eligible under Title 49, United States Code, to assume the obligations of this grant agreement and to have the power, authority, and financial resources to carry out all such obligations, the sponsor shall insert in the contract or document transferring or disposing of the sponsor's interest, and make binding upon the transferee all of the terms, conditions, and assurances contained in this grant agreement. c. For all noise compatibility program projects which are to be carried out by another unit of local government or are on property owned by a unit of local government other than the sponsor, it will enter into an agreement with that government. Except as otherwise specified by the Secretary, that agreement shall obligate that government to the same terms, conditions, and assurances that would be applicable to it if it applied directly to the FAA for a grant to undertake the noise compatibility program project. That agreement and changes thereto must be satisfactory to the Secretary. It will take steps to enforce this agreement against the local government if there is substantial non-compliance with the terms of the agreement. d. For noise compatibility program projects to be carried out on privately owned property, it will enter into an agreement with the owner of that property which includes provisions specified by the Secretary. It will take steps to enforce this agreement against the property owner whenever there is substantial non- compliance with the terms of the agreement. e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a public-use airport in accordance with these assurances for the duration of these assurances. f. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and authority to insure that the airport will be operated and maintained in accordance Title 49, United States Code, the regulations and the terms, conditions and assurances in this grant agreement and shall insure that such arrangement also requires compliance therewith. g. Sponsors of commercial service airports will not permit or enter into any arrangement that results in permission for the owner or tenant of a property used as a residence, or zoned for residential use, to taxi an aircraft between that property and any location on airport. Sponsors of general aviation airports entering into any arrangement that results in permission for the owner of residential real property adjacent to or near the airport must comply with the requirements of Sec. 136 of Public Law 112-95 and the sponsor assurances. Airport Sponsor Assurances 3/2014 Page 7 of 20 6. Consistency with Local Plans. The project is reasonably consistent with plans (existing at the time of submission of this application) of public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the airport. 7. Consideration of Local Interest. It has given fair consideration to the interest of communities in or near where the project may be located. 8. Consultation with Users. In making a decision to undertake any airport development project under Title 49, United States Code, it has undertaken reasonable consultations with affected parties using the airport at which project is proposed. 9. Public Hearings. In projects involving the location of an airport, an airport runway, or a major runway extension, it has afforded the opportunity for public hearings for the purpose of considering the economic, social, and environmental effects of the airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall, when requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary. Further, for such projects, it has on its management board either voting representation from the communities where the project is located or has advised the communities that they have the right to petition the Secretary concerning a proposed project. 10. Metropolitan Planning Organization. In projects involving the location of an airport, an airport runway, or a major runway extension at a medium or large hub airport, the sponsor has made available to and has provided upon request to the metropolitan planning organization in the area in which the airport is located, if any, a copy of the proposed amendment to the airport layout plan to depict the project and a copy of any airport master plan in which the project is described or depicted. 11. Pavement Preventive Maintenance. With respect to a project approved after January 1, 1995, for the replacement or reconstruction of pavement at the airport, it assures or certifies that it has implemented an effective airport pavement maintenance-management program and it assures that it will use such program for the useful life of any pavement constructed, reconstructed or repaired with Federal financial assistance at the airport. It will provide such reports on pavement condition and pavement management programs as the Secretary determines may be useful. 12. Terminal Development Prerequisites. For projects which include terminal development at a public use airport, as defined in Title 49, it has, on the date of submittal of the project grant application, all the safety equipment required for certification of such airport under section 44706 of Title 49, United States Code, and all the security equipment required by rule or regulation, and Airport Sponsor Assurances 3/2014 Page 8 of 20 has provided for access to the passenger enplaning and deplaning area of such airport to passengers enplaning and deplaning from aircraft other than air carrier aircraft. 13. Accounting System, Audit, and Record Keeping Requirements. a. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of this grant, the total cost of the project in connection with which this grant is given or used, and the amount or nature of that portion of the cost of the project supplied by other sources, and such other financial records pertinent to the project. The accounts and records shall be kept in accordance with an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1984. b. It shall make available to the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, for the purpose of audit and examination, any books, documents, papers, and records of the recipient that are pertinent to this grant. The Secretary may require that an appropriate audit be conducted by a recipient. In any case in which an independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a grant or relating to the project in connection with which this grant was given or used, it shall file a certified copy of such audit with the Comptroller General of the United States not later than six (6) months following the close of the fiscal year for which the audit was made. 14. Minimum Wage Rates. It shall include, in all contracts in excess of $2,000 for work on any projects funded under this grant agreement which involve labor, provisions establishing minimum rates of wages, to be predetermined by the Secretary of Labor, in accordance with the Davis-Bacon Act, as amended (40 U.S.C. 276a-276a-5), which contractors shall pay to skilled and unskilled labor, and such minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work. 15. Veteran's Preference. It shall include in all contracts for work on any project funded under this grant agreement which involve labor, such provisions as are necessary to insure that, in the employment of labor (except in executive, administrative, and supervisory positions), preference shall be given to Vietnam era veterans, Persian Gulf veterans, Afghanistan-Iraq war veterans, disabled veterans, and small business concerns owned and controlled by disabled veterans as defined in Section 47112 of Title 49, United States Code. However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates. 16. Conformity to Plans and Specifications. It will execute the project subject to plans, specifications, and schedules approved by the Secretary. Such plans, specifications, and schedules shall be submitted to the Secretary prior to commencement of site preparation, construction, or other performance under this grant agreement, and, upon approval of the Secretary, shall be incorporated into this grant agreement. Any modification to the approved plans, Airport Sponsor Assurances 3/2014 Page 9 of 20 specifications, and schedules shall also be subject to approval of the Secretary, and incorporated into this grant agreement. 17. Construction Inspection and Approval. It will provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, specifications, and schedules approved by the Secretary for the project. It shall subject the construction work on any project contained in an approved project application to inspection and approval by the Secretary and such work shall be in accordance with regulations and procedures prescribed by the Secretary. Such regulations and procedures shall require such cost and progress reporting by the sponsor or sponsors of such project as the Secretary shall deem necessary. 18. Planning Projects. In carrying out planning projects: a. It will execute the project in accordance with the approved program narrative contained in the project application or with the modifications similarly approved. b. It will furnish the Secretary with such periodic reports as required pertaining to the planning project and planning work activities. c. It will include in all published material prepared in connection with the planning project a notice that the material was prepared under a grant provided by the United States. d. It will make such material available for examination by the public, and agrees that no material prepared with funds under this project shall be subject to copyright in the United States or any other country. e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this grant. f. It will grant the Secretary the right to disapprove the sponsor's employment of specific consultants and their subcontractors to do all or any part of this project as well as the right to disapprove the proposed scope and cost of professional services. g. It will grant the Secretary the right to disapprove the use of the sponsor's employees to do all or any part of the project. h. It understands and agrees that the Secretary's approval of this project grant or the Secretary's approval of any planning material developed as part of this grant does not constitute or imply any assurance or commitment on the part of the Secretary to approve any pending or future application for a Federal airport grant. 19. Operation and Maintenance. a. The airport and all facilities which are necessary to serve the aeronautical users of the airport, other than facilities owned or controlled by the United States, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable Federal, Airport Sponsor Assurances 3/2014 Page 10 of 20 state and local agencies for maintenance and operation. It will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. It will suitably operate and maintain the airport and all facilities thereon or connected therewith, with due regard to climatic and flood conditions. Any proposal to temporarily close the airport for non-aeronautical purposes must first be approved by the Secretary. In furtherance of this assurance, the sponsor will have in effect arrangements for- 1) Operating the airport's aeronautical facilities whenever required; 2) Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions; and 3) Promptly notifying airmen of any condition affecting aeronautical use of the airport. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when snow, flood or other climatic conditions interfere with such operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the sponsor. b. It will suitably operate and maintain noise compatibility program items that it owns or controls upon which Federal funds have been expended. 20. Hazard Removal and Mitigation. It will take appropriate action to assure that such terminal airspace as is required to protect instrument and visual operations to the airport (including established minimum flight altitudes) will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. 21. Compatible Land Use. It will take appropriate action, to the extent reasonable, including the adoption of zoning laws, to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations, including landing and takeoff of aircraft. In addition, if the project is for noise compatibility program implementation, it will not cause or permit any change in land use, within its jurisdiction, that will reduce its compatibility, with respect to the airport, of the noise compatibility program measures upon which Federal funds have been expended. 22. Economic Nondiscrimination. a. It will make the airport available as an airport for public use on reasonable terms and without unjust discrimination to all types, kinds and classes of aeronautical activities, including commercial aeronautical activities offering services to the public at the airport. b. In any agreement, contract, lease, or other arrangement under which a right or privilege at the airport is granted to any person, firm, or corporation to conduct or Airport Sponsor Assurances 3/2014 Page 11 of 20 to engage in any aeronautical activity for furnishing services to the public at the airport, the sponsor will insert and enforce provisions requiring the contractor to- 1) furnish said services on a reasonable, and not unjustly discriminatory, basis to all users thereof, and 2) charge reasonable, and not unjustly discriminatory, prices for each unit or service, provided that the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. c. Each fixed-based operator at the airport shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other fixed-based operators making the same or similar uses of such airport and utilizing the same or similar facilities. d. Each air carrier using such airport shall have the right to service itself or to use any fixed-based operator that is authorized or permitted by the airport to serve any air carrier at such airport. e. Each air carrier using such airport (whether as a tenant, non-tenant, or subtenant of another air carrier tenant) shall be subject to such nondiscriminatory and substantially comparable rules, regulations, conditions, rates, fees, rentals, and other charges with respect to facilities directly and substantially related to providing air transportation as are applicable to all such air carriers which make similar use of such airport and utilize similar facilities, subject to reasonable classifications such as tenants or non-tenants and signatory carriers and non- signatory carriers. Classification or status as tenant or signatory shall not be unreasonably withheld by any airport provided an air carrier assumes obligations substantially similar to those already imposed on air carriers in such classification or status. f. It will not exercise or grant any right or privilege which operates to prevent any person, firm, or corporation operating aircraft on the airport from performing any services on its own aircraft with its own employees [including, but not limited to maintenance, repair, and fueling] that it may choose to perform. g. In the event the sponsor itself exercises any of the rights and privileges referred to in this assurance, the services involved will be provided on the same conditions as would apply to the furnishing of such services by commercial aeronautical service providers authorized by the sponsor under these provisions. h. The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport. i. The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public. Airport Sponsor Assurances 3/2014 Page 12 of 20 23. Exclusive Rights. It will permit no exclusive right for the use of the airport by any person providing, or intending to provide, aeronautical services to the public. For purposes of this paragraph, the providing of the services at an airport by a single fixed-based operator shall not be construed as an exclusive right if both of the following apply: a. It would be unreasonably costly, burdensome, or impractical for more than one fixed-based operator to provide such services, and b. If allowing more than one fixed-based operator to provide such services would require the reduction of space leased pursuant to an existing agreement between such single fixed-based operator and such airport. It further agrees that it will not, either directly or indirectly, grant or permit any person, firm, or corporation, the exclusive right at the airport to conduct any aeronautical activities, including, but not limited to charter flights, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier operations, aircraft sales and services, sale of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity, and that it will terminate any exclusive right to conduct an aeronautical activity now existing at such an airport before the grant of any assistance under Title 49, United States Code. 24. Fee and Rental Structure. It will maintain a fee and rental structure for the facilities and services at the airport which will make the airport as self-sustaining as possible under the circumstances existing at the particular airport, taking into account such factors as the volume of traffic and economy of collection. No part of the Federal share of an airport development, airport planning or noise compatibility project for which a grant is made under Title 49, United States Code, the Airport and Airway Improvement Act of 1982, the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be included in the rate basis in establishing fees, rates, and charges for users of that airport. 25. Airport Revenues. a. All revenues generated by the airport and any local taxes on aviation fuel established after December 30, 1987, will be expended by it for the capital or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the actual air transportation of passengers or property; or for noise mitigation purposes on or off the airport. The following exceptions apply to this paragraph: 1) If covenants or assurances in debt obligations issued before September 3, 1982, by the owner or operator of the airport, or provisions enacted before September 3, 1982, in governing statutes controlling the owner or operator's financing, provide for the use of the revenues from any of the airport owner or Airport Sponsor Assurances 3/2014 Page 13 of 20 operator's facilities, including the airport, to support not only the airport but also the airport owner or operator's general debt obligations or other facilities, then this limitation on the use of all revenues generated by the airport (and, in the case of a public airport, local taxes on aviation fuel) shall not apply. 2) If the Secretary approves the sale of a privately owned airport to a public sponsor and provides funding for any portion of the public sponsor’s acquisition of land, this limitation on the use of all revenues generated by the sale shall not apply to certain proceeds from the sale. This is conditioned on repayment to the Secretary by the private owner of an amount equal to the remaining unamortized portion (amortized over a 20-year period) of any airport improvement grant made to the private owner for any purpose other than land acquisition on or after October 1, 1996, plus an amount equal to the federal share of the current fair market value of any land acquired with an airport improvement grant made to that airport on or after October 1, 1996. 3) Certain revenue derived from or generated by mineral extraction, production, lease, or other means at a general aviation airport (as defined at Section 47102 of title 49 United States Code), if the FAA determines the airport sponsor meets the requirements set forth in Sec. 813 of Public Law 112-95. b. As part of the annual audit required under the Single Audit Act of 1984, the sponsor will direct that the audit will review, and the resulting audit report will provide an opinion concerning, the use of airport revenue and taxes in paragraph (a), and indicating whether funds paid or transferred to the owner or operator are paid or transferred in a manner consistent with Title 49, United States Code and any other applicable provision of law, including any regulation promulgated by the Secretary or Administrator. c. Any civil penalties or other sanctions will be imposed for violation of this assurance in accordance with the provisions of Section 47107 of Title 49, United States Code. 26. Reports and Inspections. It will: a. submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request and make such reports available to the public; make available to the public at reasonable times and places a report of the airport budget in a format prescribed by the Secretary; b. for airport development projects, make the airport and all airport records and documents affecting the airport, including deeds, leases, operation and use agreements, regulations and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; c. for noise compatibility program projects, make records and documents relating to the project and continued compliance with the terms, conditions, and assurances of this grant agreement including deeds, leases, agreements, regulations, and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; and Airport Sponsor Assurances 3/2014 Page 14 of 20 d. in a format and time prescribed by the Secretary, provide to the Secretary and make available to the public following each of its fiscal years, an annual report listing in detail: 1) all amounts paid by the airport to any other unit of government and the purposes for which each such payment was made; and 2) all services and property provided by the airport to other units of government and the amount of compensation received for provision of each such service and property. 27. Use by Government Aircraft. It will make available all of the facilities of the airport developed with Federal financial assistance and all those usable for landing and takeoff of aircraft to the United States for use by Government aircraft in common with other aircraft at all times without charge, except, if the use by Government aircraft is substantial, charge may be made for a reasonable share, proportional to such use, for the cost of operating and maintaining the facilities used. Unless otherwise determined by the Secretary, or otherwise agreed to by the sponsor and the using agency, substantial use of an airport by Government aircraft will be considered to exist when operations of such aircraft are in excess of those which, in the opinion of the Secretary, would unduly interfere with use of the landing areas by other authorized aircraft, or during any calendar month that – a. Five (5) or more Government aircraft are regularly based at the airport or on land adjacent thereto; or b. The total number of movements (counting each landing as a movement) of Government aircraft is 300 or more, or the gross accumulative weight of Government aircraft using the airport (the total movement of Government aircraft multiplied by gross weights of such aircraft) is in excess of five million pounds. 28. Land for Federal Facilities. It will furnish without cost to the Federal Government for use in connection with any air traffic control or air navigation activities, or weather-reporting and communication activities related to air traffic control, any areas of land or water, or estate therein, or rights in buildings of the sponsor as the Secretary considers necessary or desirable for construction, operation, and maintenance at Federal expense of space or facilities for such purposes. Such areas or any portion thereof will be made available as provided herein within four months after receipt of a written request from the Secretary. 29. Airport Layout Plan. a. It will keep up to date at all times an airport layout plan of the airport showing 1) boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the sponsor for airport purposes and proposed additions thereto; 2) the location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars and Airport Sponsor Assurances 3/2014 Page 15 of 20 roads), including all proposed extensions and reductions of existing airport facilities; 3) the location of all existing and proposed nonaviation areas and of all existing improvements thereon; and 4) all proposed and existing access points used to taxi aircraft across the airport’s property boundary. Such airport layout plans and each amendment, revision, or modification thereof, shall be subject to the approval of the Secretary which approval shall be evidenced by the signature of a duly authorized representative of the Secretary on the face of the airport layout plan. The sponsor will not make or permit any changes or alterations in the airport or any of its facilities which are not in conformity with the airport layout plan as approved by the Secretary and which might, in the opinion of the Secretary, adversely affect the safety, utility or efficiency of the airport. b. If a change or alteration in the airport or the facilities is made which the Secretary determines adversely affects the safety, utility, or efficiency of any federally owned, leased, or funded property on or off the airport and which is not in conformity with the airport layout plan as approved by the Secretary, the owner or operator will, if requested, by the Secretary (1) eliminate such adverse effect in a manner approved by the Secretary; or (2) bear all costs of relocating such property (or replacement thereof) to a site acceptable to the Secretary and all costs of restoring such property (or replacement thereof) to the level of safety, utility, efficiency, and cost of operation existing before the unapproved change in the airport or its facilities except in the case of a relocation or replacement of an existing airport facility due to a change in the Secretary’s design standards beyond the control of the airport sponsor. 30. Civil Rights. It will promptly take any measures necessary to ensure that no person in the United States shall, on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in any activity conducted with, or benefiting from, funds received from this grant. a. Using the definitions of activity, facility and program as found and defined in §§ 21.23 (b) and 21.23 (e) of 49 CFR § 21, the sponsor will facilitate all programs, operate all facilities, or conduct all programs in compliance with all non- discrimination requirements imposed by, or pursuant to these assurances. b. Applicability 1) Programs and Activities. If the sponsor has received a grant (or other federal assistance) for any of the sponsor’s program or activities, these requirements extend to all of the sponsor’s programs and activities. 2) Facilities. Where it receives a grant or other federal financial assistance to construct, expand, renovate, remodel, alter or acquire a facility, or part of a facility, the assurance extends to the entire facility and facilities operated in connection therewith. Airport Sponsor Assurances 3/2014 Page 16 of 20 3) Real Property. Where the sponsor receives a grant or other Federal financial assistance in the form of, or for the acquisition of real property or an interest in real property, the assurance will extend to rights to space on, over, or under such property. c. Duration. The sponsor agrees that it is obligated to this assurance for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the assurance obligates the sponsor, or any transferee for the longer of the following periods: 1) So long as the airport is used as an airport, or for another purpose involving the provision of similar services or benefits; or 2) So long as the sponsor retains ownership or possession of the property. d. Required Solicitation Language. It will include the following notification in all solicitations for bids, Requests For Proposals for work, or material under this grant agreement and in all proposals for agreements, including airport concessions, regardless of funding source: “The (Name of Sponsor), in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises and airport concession disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.” e. Required Contract Provisions. 1) It will insert the non-discrimination contract clauses requiring compliance with the acts and regulations relative to non-discrimination in Federally- assisted programs of the DOT, and incorporating the acts and regulations into the contracts by reference in every contract or agreement subject to the non- discrimination in Federally-assisted programs of the DOT acts and regulations. 2) It will include a list of the pertinent non-discrimination authorities in every contract that is subject to the non-discrimination acts and regulations. 3) It will insert non-discrimination contract clauses as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a sponsor. 4) It will insert non-discrimination contract clauses prohibiting discrimination on the basis of race, color, national origin, creed, sex, age, or handicap as a Airport Sponsor Assurances 3/2014 Page 17 of 20 covenant running with the land, in any future deeds, leases, license, permits, or similar instruments entered into by the sponsor with other parties: a) For the subsequent transfer of real propert y acquired or improved under the applicable activity, project, or program; and b) For the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program. f. It will provide for such methods of administration for the program as are found by the Secretary to give reasonable guarantee that it, other recipients, sub-recipients, sub-grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the acts, the regulations, and this assurance. g. It agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the acts, the regulations, and this assurance. 31. Disposal of Land. a. For land purchased under a grant for airport noise compatibility purposes, including land serving as a noise buffer, it will dispose of the land, when the land is no longer needed for such purposes, at fair market value, at the earliest practicable time. That portion of the proceeds of such disposition which is proportionate to the United States' share of acquisition of such land will be, at the discretion of the Secretary, (1) reinvested in another project at the airport, or (2) transferred to another eligible airport as prescribed by the Secretary. The Secretary shall give preference to the following, in descending order, (1) reinvestment in an approved noise compatibility project, (2) reinvestment in an approved project that is eligible for grant funding under Section 47117(e) of title 49 United States Code, (3) reinvestment in an approved airport development project that is eligible for grant funding under Sections 47114, 47115, or 47117 of title 49 United States Code, (4) transferred to an eligible sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport, and (5) paid to the Secretary for deposit in the Airport and Airway Trust Fund. If land acquired under a grant for noise compatibility purposes is leased at fair market value and consistent with noise buffering purposes, the lease will not be considered a disposal of the land. Revenues derived from such a lease may be used for an approved airport development project that would otherwise be eligible for grant funding or any permitted use of airport revenue. b. For land purchased under a grant for airport development purposes (other than noise compatibility), it will, when the land is no longer needed for airport purposes, dispose of such land at fair market value or make available to the Secretary an amount equal to the United States' proportionate share of the fair market value of the land. That portion of the proceeds of such disposition which is proportionate to the United States' share of the cost of acquisition of such land will, (1) upon application to the Secretary, be reinvested or transferred to another Airport Sponsor Assurances 3/2014 Page 18 of 20 eligible airport as prescribed by the Secretary. The Secretary shall give preference to the following, in descending order: (1) reinvestment in an approved noise compatibility project, (2) reinvestment in an approved project that is eligible for grant funding under Section 47117(e) of title 49 United States Code, (3) reinvestment in an approved airport development project that is eligible for grant funding under Sections 47114, 47115, or 47117 of title 49 United States Code, (4) transferred to an eligible sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport, and (5) paid to the Secretary for deposit in the Airport and Airway Trust Fund. c. Land shall be considered to be needed for airport purposes under this assurance if (1) it may be needed for aeronautical purposes (including runway protection zones) or serve as noise buffer land, and (2) the revenue from interim uses of such land contributes to the financial self-sufficiency of the airport. Further, land purchased with a grant received by an airport operator or owner before December 31, 1987, will be considered to be needed for airport purposes if the Secretary or Federal agency making such grant before December 31, 1987, was notified by the operator or owner of the uses of such land, did not object to such use, and the land continues to be used for that purpose, such use having commenced no later than December 15, 1989. d. Disposition of such land under (a) (b) or (c) will be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the airport. 32. Engineering and Design Services. It will award each contract, or sub-contract for program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping or related services with respect to the project in the same manner as a contract for architectural and engineering services is negotiated under Title IX of the Federal Property and Administrative Services Act of 1949 or an equivalent qualifications-based requirement prescribed for or by the sponsor of the airport. 33. Foreign Market Restrictions. It will not allow funds provided under this grant to be used to fund any project which uses any product or service of a foreign country during the period in which such foreign country is listed by the United States Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction. 34. Policies, Standards, and Specifications. It will carry out the project in accordance with policies, standards, and specifications approved by the Secretary including but not limited to the advisory circulars listed in the Current FAA Advisory Circulars for AIP projects, dated _ (the latest approved version as of this grant offer) and included in this grant, and in accordance Airport Sponsor Assurances 3/2014 Page 19 of 20 with applicable state policies, standards, and specifications approved by the Secretary. 35. Relocation and Real Property Acquisition. a. It will be guided in acquiring real property, to the greatest extent practicable under State law, by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse property owners for necessary expenses as specified in Subpart B. b. It will provide a relocation assistance program offering the services described in Subpart C and fair and reasonable relocation payments and assistance to displaced persons as required in Subpart D and E of 49 CFR Part 24. c. It will make available within a reasonable period of time prior to displacement, comparable replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24. 36. Access By Intercity Buses. The airport owner or operator will permit, to the maximum extent practicable, intercity buses or other modes of transportation to have access to the airport; however, it has no obligation to fund special facilities for intercity buses or for other modes of transportation. 37. Disadvantaged Business Enterprises. The sponsor shall not discriminate on the basis of race, color, national origin or sex in the award and performance of any DOT-assisted contract covered by 49 CFR Part 26, or in the award and performance of any concession activity contract covered by 49 CFR Part 23. In addition, the sponsor shall not discriminate on the basis of race, color, national origin or sex in the administration of its DBE and ACDBE programs or the requirements of 49 CFR Parts 23 and 26. The sponsor shall take all necessary and reasonable steps under 49 CFR Parts 23 and 26 to ensure nondiscrimination in the award and administration of DOT-assisted contracts, and/or concession contracts. The sponsor’s DBE and ACDBE programs, as required by 49 CFR Parts 26 and 23, and as approved by DOT, are incorporated by reference in this agreement. Implementation of these programs is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the sponsor of its failure to carry out its approved program, the Department may impose sanctions as provided for under Parts 26 and 23 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1936 (31 U.S.C. 3801). 38. Hangar Construction. If the airport owner or operator and a person who owns an aircraft agree that a hangar is to be constructed at the airport for the aircraft at the aircraft owner’s expense, the airport owner or operator will grant to the aircraft owner for the hangar a long term lease that is subject to such terms and conditions on the hangar as the airport owner or operator may impose. Airport Sponsor Assurances 3/2014 Page 20 of 20 39. Competitive Access. a. If the airport owner or operator of a medium or large hub airport (as defined in section 47102 of title 49, U.S.C.) has been unable to accommodate one or more requests by an air carrier for access to gates or other facilities at that airport in order to allow the air carrier to provide service to the airport or to expand service at the airport, the airport owner or operator shall transmit a report to the Secretary that- 1) Describes the requests; 2) Provides an explanation as to why the requests could not be accommodated; and 3) Provides a time frame within which, if any, the airport will be able to accommodate the requests. b. Such report shall be due on either February 1 or August 1 of each year if the airport has been unable to accommodate the request(s) in the six month period prior to the applicable due date. EXHIBIT “C” * * 00 25 NOTICE OF ANNUAL RENTAL ADJUSTMENT (Based on USDLBLS Consumer Price Index for Urban Wage Earners and Clerical Workers - ALL ITEMS, U.S. CITY AVERAGE) FRESNO CHANDLER EXECUTIVE AIRPORT HANGAR AGREEMENT April 15, 2019 11:33 AM RE: 524 West Kearney Blvd 548 West Kearney Blvd Fresno CA 93706 The rental adjustment calculation shown to the right was completed in keeping with the intent of the lease with Fresno Chandler Executive Airport between THE CITY OF FRESNO - AIRPORTS DEPARTMENT AND 524 & 548 West Kearney Blvd EFFECTIVE: May 1, 2019 MONTHLY RENTAL WILL BE: $2,123.48 ANNUAL RENTAL WILL BE: $25,481.70 If you have any questions concerning this matter, please contact the undersigned at (559) 621-4543. Melissa A. Garza-Perry Airports Properties Manager City of Fresno, Department of Airports DATE: April 15, 2019 11:33 AM =================================================== ANNUAL RENTAL ADJUSTMENT COMPUTATION FOR LEASE YEAR COMMENCING: May 1, 2019 =================================================== USDLBLS CPI - JAN-DEC., 2017 ........... 239.051 USDLBLS CPI - JAN-DEC., 2018 ........... 245.146 AMOUNT OF CPI CHANGE ........... 6.095 PERCENTAGE CPI CHANGE ........... 2.5497% CURRENT MONTHLY OFFICE RENTAL RATE ........... $621.20 CURRENT MONTHLY HANGAR RENTAL RATE........... $1,449.48 AMOUNT OF ADJUSTMENT (OFFICE) ........... $15.84 AMOUNT OF ADJUSTMENT (HANGAR) ........... $36.96 NEW MONTHLY OFFICE RENTAL RATE ........... $637.04 NEW MONTHLY HANGAR RENTAL RATE ........... $1,486.44 TOTAL NEW MONTHLY RENTAL AMOUNT ........... $2,123.48 --------------------------------------------- - - - NEW MONTHLY RENTAL $2,123.48 EFFECTIVE: May 1, 2019 =================================================== Prepared by: CITY OF FRESNO DEPARTMENT OF AIRPORTS PROPERTIES SECTION 4995 EAST CLINTON WAY FRESNO, CA 93727-1504 TELEPHONE: (559) 621-45 FACSIMILE: (559) 251-48 NOTES: * PER USDL/BLS EXHIBIT “D” TOTAL GALLONS DELIVERED THIS MONTH: MONTHLY OPERATIONS REPORT FIXED BASE OPERATOR – FRESNO CHANDLER EXECUTIVE AIRPORT (SUBMIT THIS REPORT BY THE 10TH DAY OF EACH MONTH FOR THE PRECEDING MONTH) TO: CITY OF FRESNO – AIRPORTS ADMINISTRATION 4995 E. CLINTON WAY, FRESNO, CA 93727 PHONE (559) 621-4500; FAX (559) 251-4825 SUBMITTED BY: FOR PERIOD: (Name of Operator) (Month and Year) PROP & TURBO PROP AIRCRAFT Single-Engine UNDER 4 PLACE Single— Engine 4 PLACE & OVER Multi-Engine TOTAL PROP AIRCRAFT TOTAL JET AIRCRAFT TOTAL HELICOPTERS TOTAL BASED AIRCRAFT SECTION A: AVAIATION FUEL DELIVERY RECORD DATE FUEL DELIVERED NAME OF FUEL SUPPLIER MAKING DELIVERY LOCATION OF TANK(S) TO WHICH DELIVERY MADE NUMBER OF GALLONS DELIVERED TOTAL FUEL FLOWAGE FEES DUE (TOTAL FEE GALLONS MULTIPLIED BY $0.10) ..................................................................................................... REPORT PREPARED BY: (SIGNATURE) TYPED/PRINTED NAME: TITLE: DATE: Total amount due must accompany this report Exhibit ―D‖ PART I: BASED AIRCRAFT PART II: AVIATION FUEL FLOWAGE PART III: FUEL FLOWAGE FEE COMPUTATION EXHIBIT “E” Exhibit “D” CITY OF FRESNO, CALIFORNIA – DEPARTMENT OF AIRPORTS MINIMUM STANDARDS FOR FRESNO CHANDLER EXECUTIVE AIRPORT SECTION 1. PURPOSES OF MINIMUM STANDARDS AND APPLICABILITY The City of Fresno, California recognizes the prohibition imposed by Section 308 of the Federal Aviation Act against granting an exclusive right to conduct any aeronautical activity at a Public Airport, and recognizes the City has agreed to the same prohib ition in its acceptance of airport improvement grants from the Federal Aviation Administration. Moreover, the City wishes that there be healthy competition at the Fresno Chandler Executive Airport, conducted on a level playing field, and wishes that a broa d array of high-quality products and services be available at the Airport. The City is publishing these Minimum Standards so that any Entity interested in engaging in any Revenue Generating Aviation Activity at the Airport may know the principles that appl y and the requirements that must be met and maintained. Note, however, that it is not the intention of the City to create any private right of action to enforce these Minimum Standards. These Minimum Standards do not apply to Entities previously authorized to offer or conduct specific Revenue Generating Aviation Activities at, on or from the Airport. The standards each such previously authorized Entity has been meeting shall comprise that Entity’s minimum standards and must be maintained by that Entity. Ho wever, should any previously authorized Entity be granted authority to engage in additional Revenue Generating Aviation Activities, then, as a condition of such additional authorization, these Minimum Standards shall apply to each and every Business author ized, including the Revenue Generating Aviation Activities previously authorized. Further, these Minimum Standards shall apply to each and every authorized Business, upon any renewal or extension of a previously authorized Entity’s Agreement or Lease. SECTION 2. DEFINITIONS The following terms shall have the meanings indicated: Agreement or Lease – a written, enforceable contract, regardless of its duration or term, between the City and an Entity, which authorizes that Entity to engage in some Revenue Generating Aviation Activity at the Airport and/or which may cover that entity’s use or occupy of space at the Airport. Exhibit “D” Aircraft – are aeronautical vehicles or devices including, but not limited to, powered fixed wing airplanes, rotorcraft, dirigibles and blimps, and non-powered gliders, rotorcraft and balloons. Aircraft Operation – is any arrival or departure of an Aircraft at the Airport or any Aircraft movement on the AOA. . Aircraft Operations Area or AOA – all the runways, taxiways, helipads, Ramps, hold areas and any other area used or intended to be used for the take off or landing or surface maneuvering of Aircraft, or any areas within the perimeter fence and adjacent to surface maneuvering areas. Airline – an Entity operating Aircraft pursuant to Part 121 or Part 135 of the FARs. Airport – the Fresno Chandler Executive Airport unless the context indicates Fresno Yosemite International Airport (FYI) as well. Airport Layout Plan or ALP – a plan view of an airport, drawn to scale and showing all that airport’s aeronautical and other Improvements and projected future Improvements – as amended from time-to-time, and as approved by the FAA. Airport Master Plan or Master Plan – a comprehensive document that considers an airport’s history, regional demographic changes, and other relevant factors and trends; then projects traffic and use for the future, then examines the probable noise, environmental and other impacts of same; and, finally, programs an orderly and balanced plan of Airport development to accommodate anticipated demand while minimizing adverse impacts. The major airport land use allocations are illustrated in a complementary ALP. Airworthy – an Aircraft that is compliant with the FARs and safe to fly. Business - a Revenue Generating Aviation Activity City - The City of Fresno, California, a municipal corporation. Core FBO Services - see FBO below Department of Airports or Department - The City’s Department of Airports. Derelict Aircraft – an Aircraft: that has not been Airworthy for six months or more and: (1) is not in the process of being made Airworthy; or (2) is not in the process of rehabilitation for public display; or (3) has not been specially prepared, treated and preserved for future rehabilitation. An Aircraft will be presumed a Derelict Aircraft if it has not been Airworthy for six months or more and is obviously deteriorating (tires flat and/or drying out or cracking; or rubber drying out and losing resiliency; or paint Exhibit “D” oxidizing, crazing and/or flaking off; or Plexiglas discoloring, cracking or crazing; or metal corroding or rusting; or fabric fraying; etc.). Director of Aviation or Director - the individual filling the position of the City’s Director of Aviation, or an individual authorized to represent him/her. Entity - an individual or a firm, corporation, partnership, joint venture or other legal person. Equipment – all tools, tooling and machinery, together with the supplies and apparatus necessary to properly conduct the Revenue -Generating Aviation Activity authorized. FAA – the Federal Aviation Administration. FAR or FARs – the then current Federal Air Regulations. FCH - Fresno Chandler Executive Airport FCH Environs Specific Plan or FCH Specific Plan - a comprehensive airport planning document that considers the development policies and standards of the City of Fresno General Plan and the Edison Community Plan, including related environmental impact analyses as required by the California Environmental Quality Act or CEQA. Fixed Base Operator or FBO – is an Entity authorized and required to offer, at a minimum, to the operators of based and transient/itinerant personal or business Aircraft up to 12,500# gross weight: (1) retail sales and delivery into -plane of Aircraft fuels, lubricants and additives; (2) overnight tie-down and hangarage; (3) minor Aircraft maintenance, servicing and repair; (4) tire “airing” and battery “boosts”; (5) pilot and passenger waiting lounge with restrooms and public phones and direct -access to the most current aviation weather information; (6) air-to-ground radio communications; (7) removal of disabled Aircraft from the AOA (these activities 1–7 are, collectively, the “Core FBO Services”). FBOs may be authorized to engage in Revenue -Generating Aviation Activities in addition to, but in not in substitution of, the Core FBO Services. An FBO may enter a Subcontract with a third party to provide Core FBO Service no. 3, light Aircraft and powerplant servicing, maintenance and repair, and/or additional, non -Core FBO Services, provided such Subcontractor holds or enters a complementary Agreement with the City. Note: Only FBOs will be authorized to offer retail sales and/or delivery into-plane of Aircraft fuels. City also retains its right to offer retail sales and/or delivery into-plane of Aircraft fuels. FYI - Fresno Yosemite International Airport Exhibit “D” Improvements – all buildings, structures, and facilities including, but not limited to, pavement, fencing, signs and landscaping constructed, installed or placed on, under or above any leased area by, or with the concurrence of, a Lessee of Airport property. Leased Premises or Premises – real estate at the Airport covered by an Agreement or Lease. Lessee or Operator or Tenant – an Entity that has entered an Agreement or Lease with the Department. Lessor or Landlord – the Department Mobile Service Provider or MSP - an Entity that conducts one or more authorized Revenue Generating Aviation Activities on, at or from the Airport, but does not operate out of leased or Subleased Premises. Examples of MSPs include, but are not limited t o, Aircraft mechanics, flight instructors, Aircraft detailers, and oil recyclers. On Demand Air Transportation - is unscheduled commercial air transportation for hire operated under FAR parts 119 and 135 Preventive Aircraft Maintenance - maintenance that is not considered a major aircraft alteration or repair and does not involve complex assembly operations listed in FAR Part 43. Public Airport - an airport used or intended to be used for public purposes (A) that is under the control of a public agency and (B) of which the area used or intended to be used for the landing, taking off, or surface maneuvering of Aircraft is publicly owned. Ramp – paved areas suitable for parking Aircraft. Repair Facility – a facility (sometimes called a shop) that is used for repairing Aircraft or Aircraft systems, components or accessories including, without limitation thereto, engines, powerplants, propellers, radios, navigational aids and instruments Revenue-Generating Aviation Activity – any commercial activity which relates to the fabrication, operation, maintenance, modification, repair, cleaning [exterior and/or interior], refurbishing, restoration, overhaul, painting, plating or refinishing of Aircraft; or of the airframes, powerplants, components, equipment, systems or accessories of Aircraft Revenue-Generating Aviation Activities include, but are not limited to, pilot training; demonstration flights; “dog-fighting”; Aircraft rental; sightseeing flights; glider towing; parachuting; “sky diving”; aerial ambulance; aerial firefighting; aerial photography or surveying; aerial advertising; aerial traffic or news reporting; powerline, pipeline or other aerial patrolling; aerial application; weather modification; air taxi or charter; Aircraft sales, including fractional ownership; commercial flying clubs; management of Aircraft owned by others; Aircraft scheduling: passenger handling; ground handling; passenger security screening; baggage, mail or freight Exhibit “D” loading/unloading and/or transportation on the Airport; Aircraft marshalling and push - back; receipt and/or storage on the Airport of mail, baggage or freight; flight dispatch; loading bridge operation; the sale and/or delivery or installation of Aircraft components, parts, systems or accessories, and the sale and/or delivery of products used by or in Aircraft, including fuel, lubricants, additives, oxygen and flight meals. Revenue Generating Aviation Activities do not include any of the above activities if conducted by a governmental unit or agency in support of its governmental functions; nor do Revenue-Generating Aviation Activities include Airline operations or any of the above activities conducted by an Airline with its own employees in support of its Airline operations; nor do Revenue Generating Aviation Activities include Aircraft Operations by transient or itinerant Aircraft, or non-commercial Aircraft operations by personal or business aircraft based at the Airport in a Leased hangar or tie -down space. Specialized Aviation Service Operator or SASO – an Entity that is authorized to engage in one or more Revenue Generating Aviation Activities, but is not an FBO. Sublease or Subcontract - a written agreement stating the terms and conditions under which a third party Entity (the Sublessee or Subcontractor) rents space (Subleased Premises) at the Airport from a Lessee, and/or conducts a Revenue Generating Aviation Activity from a Lessee’s Premises. A Sublease or Subcontract can not authorize the Sublessee or Subcontractor to conduct any Business at the Airp ort: business privileges can be authorized only by the City, in a complementary Agreement between the Subcontractor or Sublessee and the City Through-the-Fence Business Operation - An aviation-related business activity located in the immediate vicinity of the Airport, but not on Airport property, which activity would be a Revenue Generating Aviation Activity if located at or on Airport property; and which requires some entrance upon Airport property by the business operator for the business activity to be accomplished. A Through-the-Fence Business Operation relies upon Airport users as a continuous and significant source of its business. An example would be an Aircraft inspection and repair business where the Aircraft or a major Aircraft component is ground transported off the Airport for the inspection and repair and returned to the Airport upon completion of the inspection and repair. SECTION 3. STATEMENT OF POLICY - PRINCIPLES APPLYING It is the policy of the City to operate and develop FCH as a relie ver airport for the City’s airline airport, FYI, with FCH primarily serving general aviation Aircraft. Both Airports will be operated and developed by the Department as a financially self -supporting, complementary system of airports serving the entire range of airport users safely, securely and efficiently, offering reliable, high quality aviation products and services to meet the air transportation needs and desires of the region’s citizens, visitors, commerce and economy in an environmentally friendly ma nner and as a good neighbor. Exhibit “D” To meet these policy goals, the Department shall be guided by the following principles: 1. No Entity may regularly engage in any Revenue Generating Aviation Activity at, on or from the Airport without first entering a written Agreement with the City which will prescribe the Revenue Generating Aviation Activity or Activities authorized and/or required to be offered. 2. Entities so authorized will be required to make a financial investment in Improvements and/or Equipment sufficient to satisfy the reasonably anticipated demand for the Business(es) authorized. 3. The rents, fees and/or charges charged to their clients and customers by authorized Entities shall not be higher than are reasonable and customary in that trade or business in Central California. 4. The rents, fees and/or charges charged by the Department shall be fair and not unduly discriminatory, taking into consideration the Department’s direct and indirect costs of providing, maintaining, servicing and keeping sec ure the Airport, including the rented or Subleased Premises, the market value of same, the revenue potential of the Revenue Generating Aviation Activities authorized and their relative importance to the region. Before commencing Business operations, authorized Entities shall post and maintain security equivalent to not less than three months’ of the anticipated rents fees and/or charges payable to the Department. 5. The term of any Agreement, including any options to extend, shall be no longer than required to reasonably amortize the investment in Improvements to Airport Premises that the Lessee is required to make. 6. In addition to compliance with all applicable building, zoning and hazard codes and the FCH Specific Plan, all Improvements must be approved by the Department as to architectural suitability, location and height with respect to other Airport facilities. No Improvement will be permitted that in any way interferes with or derogates Airport operations, or other Airport facilities, or encroaches into or conflicts with any building restriction line or safety area depicted on the current ALP. 7. The then effective Airport Master Plan and FCH Specific Plan shall co ntrol the types, placement and sizing of all future facilities at the Airport. No extant facility that does not conform with the then current Airport Master Plan and FCH Specific Plan shall be used or leased on terms that might impede or delay the timely development of the Airport in conformity with the then current Airport Master Plan and FCH Specific Plan, nor shall any Improvements to such facility be allowed if that might impede or delay timely subsequent development of the Airport in conformity with the said Master Plan and FCH Specific Plan. Exhibit “D” 8. The highest and best use shall be made of the limited Airport premises so as to maximize the capacity of the Airports system to meet the air transportation needs and desires of the Airports’ region. Lower or lesser uses may be authorized on an interim basis to provide interim revenues to the Department, but any such lower or lesser use(s) shall be on bases that will not impede or delay the eventual highest and best use. Hangars shall be used for the storage of Aircraft that are Airworthy or in the process of being made Airworthy and Aircraft associated support materials, AND/OR in the case of authorized FBOs or SASOs for the conduct of their authorized Business(es). Without limiting the generality of the foregoing, no hangar may be used primarily for storing or inventorying personal property that is not closely associated with the servicing, maintenance and/or care of Airworthy Aircraft or Aircraft actively in process of being made Airworthy, or being prepared for public display, or being specially prepared, treated and preserved for future rehabilitation. 9. Through-the-Fence Business Operations shall be authorized only if the products or services to be offered are not already available on the Airport an d there is no reasonable possibility of accommodating the Through-the-Fence applicant on the Airport. SECTION 4. GENERAL LEASE PROVISIONS/OBLIGATIONS; INCORPORATION BY REFERENCE All Agreements authorizing any Revenue Generating Aviation Activity at the Airport shall incorporate by reference the following provisions and the then effective Minimum Standards, but only to the extent each such provision or standard is not in conflict w ith any express provision of the Agreement. In the case of any conflict, the Agreement shall control. 1. Employee Conduct and Customer Service Emphasis A. Management Control and Supervision - Each authorized Operator is required to employ the necessary quantity of trained management and supervisors to provide for the safe, secure, and timely compliance with its Lease obligations. B. Personnel Training and Certification - All authorized Operator personnel shall be fully qualified and trained to provide a high quality standard of courteous, efficient, and safe service to the public and customers. Personnel shall meet all Federal, State, and local certification an d licensing requirements applicable to their individual duties. 2. Facilities for the storage and disposal of toxic materials and contaminants must comply with all applicable governmental rules, regulations, standards and requirements. Operator will obtain all necessary permits for storage and disposal Exhibit “D” and will provide Lessor with copies of such permits and evidence of compliance with the terms and conditions thereof. Improper storage or disposal of toxic materials or contaminants shall be grounds for termination of the lease. Operator shall be liable for the costs of correcting any contamination or damage to the Leased Premises and/or adjacent areas caused by improper storage, disposal or use of any such materials, which liability shall survive the expiration or earlier termination of the Lease. 3. Nothing contained in the Lease shall be construed to grant or authorize the granting of an exclusive right to provide aeronautical services to the public as prohibited by Section 308 (a) of the Federal Aviation Act of 1958, as amended, and the City reserves the right to grant to others the privilege and right of conducting any one or all activities of an aeronautical nature, so long as they meet the Minimum Standards. 4. The City reserves the right, but shall not be obligated to the Operator, to maintain and keep in repair the landing area of the Airport and all publicly owned facilities of the airport, together with the right to direct and control all use of said landing area and facilities, including Operator’s use. 5. The City reserves the right to further develop or improve the AOA as it deems necessary, regardless of the desires or view of the Operator, and without interference or hindrance by or from the Operator. 6. During the time of war or national emergency, the City shall have the right to Lease the landing area or any part thereof to the United States Government for military use, and if such Lease is executed, the provisions of the Operator’s Lease insofar as they are inconsistent with the provisions of the Government’s Lease, shall be suspended. 7. The City reserves the right to take any action it considers necessary to protect the aerial approaches of the Airport against obstruction together with the right to prevent the Operator from erecting, or permitting to be erected any building or other structure on or adjacent to the Airport which, in the opinion of the City, would limit the usefulness of the Airport or constitute a hazard to Aircraft. 8. The Lease shall be subordinate to the provisions of any existing or future agreement between the City and the United States, relative to the operation or maintenance of the Airport, the execution of which has been or may be required as a condition precedent to the receipt or expenditure of Federal funds for the development of the Airport. 9. The Operator shall not assign or otherwise transfer any interest in Operator’s Lease, nor shall Operator Sublease or assign any interest in its Leased Premises or any portion thereof without the express, written consent of the City. Exhibit “D” 10. No Airport facilities, including hangars, Ramps and vehicular parking areas, shall be used for the storage of cars, trucks, recreational vehicles, boats, trailers, mobile homes, household furnishings or any other personal property not associated with the conduct of the Business or use authorized. Without limiting the generality of the foregoing, Operator shall not store at the Airport any Derelict Aircraft, nor shall Operator allow its Premises at the Airport to be used for the storage of Derelict Aircraft. 11. Operator shall submit on an annual basis all information deemed by the Department to be relevant to Operator’s credit worthiness and financial stability. Operator is required to satisfy the Director that it is financially able to perform the services authorized in its Agreement. This shall include the responsibility to demonstrate continued financial solvency and business ability by submitting an annual financial statement, credit references, and a ny other proof the Director may require from time to time. Information provided shall be in a format determined by and acceptable to the Director. The Director shall be the final judge as to the qualifications and financial ability of Operator. Operator ag rees that the Director may undertake such investigation and inspection as it deems necessary and appropriate. 12. The use of any Airport Premises shall conform to all applicable Airport /local/ state/ federal rules and regulations including but not limited to ; building and fire codes; E.P.A. regulations and storm water discharge permit restrictions. 13. During Operator’s activity at the Fresno Chandler Executive Airport, the Operator shall pay for and maintain in full force and effect all policies of insurance required hereunder with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than "A-VII" in Best's Insurance Rating Guide, or (ii) authorized by CITY'S Risk Manager or his/her designee. The following policies of insurance are required: (i) COMMERCIAL GENERAL LIABILITY insurance which shall be at least as broad as Insurance Services Office (ISO) form CG 00 01 and shall include coverage for “bodily injury”, “property damage” and “personal and advertising injury”, including premises and operation, products and completed operations, contractual liability and hangar keepers liability (if applicable) with limits of liability of not less than $1,000,000 per occurrence and $2,000,000 general aggregate for bodily injury and property damage, $1,000,000 per occurrence for personal and advertising injury and $2,000,000 aggregate for products and completed operations. Exhibit “D” (ii) COMMERCIAL AIRCRAFT LIABILITY insurance which shall include coverage for “bodily injury” (including passengers) and “property damage”, including aircraft personal injury liability, newly acquired aircraft liability, non-owned aircraft liability, hangar keepers liability and contractual liability with limits of liability of not less than $10,000,000 per occurrence for bodily injury and property damage [required only if Operator’s activity includes the operation of aircraft]. (iii) COMMERCIAL AUTOMOBILE LIABILITY insurance which shall be at least as broad as the most current version of Insurance Services Office (ISO) form CA 00 01 and shall include coverage for “any auto” with limits of liability of not less than $1,000,000 per accident for bodily and property damage. (iv) Fire and Extended Coverage Insurance against loss or damage to the building or structure, including improvements and betterments, by fire and lightning, with extended coverage insurance for vandalism and malicious mischief insurance and sprinkler system leakage insurance. Such extended coverage insurance will, as nearly as practicable, cover loss or damage by explosion, windstorm, riot, aircraft, vehicle damage, smoke and such other hazards as are normally covered by such insurance. Such insurance will be in an amount equal to the full replacement cost (without deduction for depreciation) of the building or structure, including improvements and betterments, with no coinsurance penalty. (v) WORKERS' COMPENSATION insurance as required under the California Labor Code. (vi) EMPLOYERS’ LIABILITY insurance with minimum limits of $1,000,000 each accident, $1,000,000 disease each employee and $1,000,000 disease policy limit [required only if Operator has employees]. All policies of insurance required hereunder shall be endorsed to provide that the coverage shall not be cancelled, non -renewed, reduced in coverage or in limits except after thirty (30) calendar day written notice by certified mail, return receipt requested, has been given to the City. Upon issuance by the insurer, broker or agent of a notice of cancellation, non-renewal or reduction in coverage or limits, Operator shall furnish City with a new certificate and applicable endorsements for such policy(ies). In the event any policy(ies) are due to expire du ring Operator’s activity at Fresno Chandler Executive Airport, Operator shall provide a new Exhibit “D” certificate and all applicable endorsements evidencing renewal of such policy(ies) not less than 15 calendar days prior to the expiration date of the expiring policy(ies). The General Liability, Automobile Liability and Aircraft Liability insurance polic ies shall name City of Fresno, its officers, officials, agents, employees and volunteers as an additional insureds. Operator’s insurance shall be primary as respects to the City, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents and volunteers shall be excess of the Operator’s insurance and not contribute with it. Any Workers’ Compensation insurance policy shall contain a waiver of subrogation as to CITY, its officers, officials, agents, employees and volunteers. Operator shall have furnished CITY with the certificate(s) and applicable endorsements for ALL required insurance before conducting any activity at the Fresno Chandler Executive Airport. Operator shall furnish City with copies of the actual policies upon the request of CITY'S Risk Manager or his/her designee and this requirement shall survive the use of City grounds and facilities. If at any time during Operator’s activity at Fresno Chandler Executive Airport, Operator fails to maintain the required insurance in full force and effect, the Operator’s activity at Fresno Chandler Executive Airport shall be discontinued immediately until notice is received by City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to CITY. The City reserves the right to change the required insurance coverage at any time by letter and the Operator shall comply within thir ty (30) days from date of notice. 14. Operator 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, Operator 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 the activity of the Operator, its principals, officers, agents, employees, persons under the supervision of Operator, vendors, suppliers, invitees, consultants , sub- consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them at the Fresno Chandler Executive Airport. Exhibit “D” 15. Lessee, or Lessee’s personal representative, its successors in interest and assigns, as part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that (1) no person on the grounds of race, gender, religion or national origin shall be excluded from participation in , denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction in the use of any improvements on, over or under such land and the furnishing of services thereon, no person on the grounds of race, gender, religion or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the Lessee, shall use the premises in compliance with all other requirements imposed by or pu rsuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, office of the Secretary, Part 21 nondiscrimination federally-assisted programs of the U.S. Department of Transportation - effectuation of Title VI of the Civil Rights Act of 1964, and as said regulations may be amended. In the event of breach of any of the above nondiscrimination covenants, the Department shall have the right to terminate the Lease and to re-enter and repossess said land and the facilities thereon, and hold the same as if said Lease had never been made or issued. Lessee agrees to furnish services on a fair, equal and not unjustly discriminatory basis to all users thereof, and to charge fair, reasonable and not unjustly discriminatory prices for each unit or service; provided, that the Lessee may be allowed to make reasonable and nondiscriminatory discount, rebate or other similar types or price reductions to volume purchasers. 16. Lessee, if applicable, must provide a plan meeting all local, state and federal regulations for the storage, containment and disposal of contaminants and toxic waste. 17. Lessee agrees to comply with airport rules and regulations as established and revised from time to time by the Director. 18. Lessee agrees to engage only in the Business or activity authorized by its Agreement. Failure to actively engage in one or more of the Businesses authorized for a period of 90 days or more, shall be grounds for termination by the City of the authority to engage in that or those Businesses, or termination of the Lease. Lessee shall notify the Director of every instance where Lessee has knowledge of, or suspects that, another Entity is using Lessee’s Premises for a Revenue - Generating Aviation Activity not authorized by the Department. Failure to timely take reasonable means to determine if a particular activity constitutes an unauthorized Revenue-Generating Aviation Activity shall make Lessee liable to the City for the fees and charges pertinent to the unauthorized Revenue- Generating Aviation Activity as if it had been authorized. Further, Lessee shall Exhibit “D” forthwith take steps to terminate the unauthorized Revenue-Generating Aviation Activities. 19. Operator shall abide by all provisions of the then current, approved Airport Security Plan. Without limiting the generality of the foregoing, Operator shall not provide airport gate codes or keys to any member of the general public AND Operator assumes responsibility for the conduct of its employees, o fficers, directors, agents, customers, clients and business invitees at the Airport. If violations of the Airport Security Plan by the Operator or any of the people for whom the Operator has assumed responsibility result in fines being levied against the City by any federal or state agency, Operator will reimburse the Department for the full cost of such fines within thirty (30) days of payment. Any conduct which the Director deems to constitute a violation of the Approved Airport Security Plan or a threat to pubic safety, health or security must be discontinued immediately and may not be re -commenced until specifically authorized in writing by the Director. 20. Operator and/or Operator’s employees must possess all the licenses, certificates and ratings necessary to lawfully engage in the businesses and activities authorized and/or required. 21. Operator shall keep the Leased or Subleased Premises neat, clean and appropriately supplied and shall conduct the lawful, sanitary, and timely handling and disposal of all solid waste, regulated waste, and other materials including, but not limited to, sump fuel, used oil, solvents, and other regulated waste. The piling and storage of crates, boxes, barrels, containers, refuse, and surplus property is not permitted upon Airport Premises. . 22. Operator shall provide and properly locate about the Leased Premises the proper number, types, and sizes of fire extinguishers, and other safety equipment, in accordance with the Uniform Fire Code. All fire extinguisher certifications must be kept current. 23. Operator acknowledges that owners of Aircraft are entitled to use the AOA and may tie-down, adjust, repair, refuel, clean, and otherwise service their own aircraft, provided the service is performed by the Aircraft owner him/herself Any unreasonable restrictions imposed on owners or operators or Aircraft by the Operator will be construed as a violation of City policy. SECTION 5. MINIMUM FACILITIES, EQUIPMENT, HOURS OF OPERATION, STAFFING, ET. AL. 1. Application of this Section 5 Exhibit “D” All Entities authorized to conduct any Revenue Generating Aviation Activity at the Airport shall comply with ALL the requirements set forth in this Section 5 that are applicable to the Business(es) authorized UNLESS expressly waived or modified in writing by the Director. The mere omission of any particular minimum requirement in a Lease shall not constitute a waiver or modification of the minimum requirement. The Director may expressly waive or modify, in writing, any portion of these Section 5 minimum requirements for any Entity upon Director’s determination that such waiver or modification is in the best interest of the public and will not result in undue discrimination against other Entities authorized to engage in the same or similar Business(es) at the Airport. When an Agreement authorizes multiple Revenue Generating Aviation Activities, the authorized Entity shall comply with the minimum requirements established for each separate Business authorized, but the space or capacity requirements need not be cumulated if the Operator can demonstrate, to the satisfaction of the Director, that the facilities will be adequate to allow all the authorized Businesses to be conducted simultaneously. In such cases, the minimum requirement that is most strict or imposes the highest standard shall apply, as a minimum. Revenue Generating Aviation Activities not currently being offered or provided at the Airport, and for which minimum requirements have not yet been established, will be addressed by the Director as and when applications to offer or engage in such Businesses are received. 2. FBOs Buildings Each FBO shall lease or construct a public use terminal building complex including: A customer service counter/office of not less than 100 square feet, with operating two-way air-to-ground radio, current aviation charts [covering California and the immediately adjacent states] for sale, and facilities for obtaining rental cars or the use of a courtesy car A well lighted, comfortably heated and air conditioned waiting lounge of not less than 400 square feet, furnished with comfortable seating for not less than ten people A discreet flight planning area within or adjacent to the loung e, properly equipped with appropriate wall charts, NOTAMs board, local-access telephone to contact Flight Service, and a computer to access current aviation weather information. Men’s and Ladies’ rooms accessible from the lounge. A public use phone with posted list of numbers to call for after-hours FBO services, overnight accommodation, and ground transportation. Exhibit “D” A free-span hangar of not less than 20,000 square feet Paved parking as required by code, but not less than sufficient to park ten automobiles Above-ground, double-walled fuel storage tank(s) with not less than 12,000 gallons capacity of aviation gasoline A tank of not less than 5,000 gallons storage for Jet A fuel, which may be truck- mounted or stationary. If stationary, it shall be above ground, double -walled and located with the aviation gasoline storage and plumbed for self fueling like aviation gasoline Storage for not less than 144 quarts of the most popular grades of aviation oil An air hose for inflating aircraft tires, and a constant supply of paper towels for pilots use wiping dipsticks and/or cleaning aircraft windshields. Equipment Each FBO shall provide: A tug capable of towing an aircraft of 12,500 # gross weight Tow bars to fit common GA aircraft An air start cart or vehicle An electric “boost” cart or vehicle with 1600 amps capacity at both 14 and 28 volts, with adapters to fit common GA aircraft [all the foregoing may be combined in one or more vehicles] An air compressor capable of compressing air to not less that 125 psi for landing gear strut and/or tire inflation Bottled nitrogen for inflating Aircraft landing gear struts and/or tires Dollies and other equipment for use with the tug in removing disabled aircraft of 12,500 # gross weight from the AOA Aviation grade oxygen re-fills Hours of Operation . Each FBO shall be open for business and attended during all daylight hours except Sundays and not more than nine major holidays each year. Any closures or other deviations from this schedule must be requested in advance and approved in writing by the Director. During regular business hours, each FBO shall promptly provide Equipment and trained personnel to remove disabled Aircraft (under 12,501#) from the AOA – at the request of, and with an appropriate release of liability or indemnification from the owner or operator of the disabled aircraft or the Director. Outside regular business hours, each FBO shall be on-call to provide the same Equipment and trained personnel within four (4) hours. If multiple FBOs are obligated to provide aircraft removal services on the Airport, they may agree among Exhibit “D” themselves as to which shall be on -call and when, provided that a copy of their written agreement is supplied to the Director and kept current thereafter Each FBO shall be on-call to provide after-hours fuel service within four (4) hours of a customer request. Each FBO shall have on duty during the required operating hours of each Core FBO service a quantity of personnel sufficient to meet the Minimum Standards for each authorized and/or required business. However, multiple responsibilities may be assigned to employees where feasible. Qualifications of Fuel Handling Personnel All FBO fuel handling personnel shall be trained in the safe and proper handling, dispensing, and storage of aviation fuels. The FBO shall develop and maintain Standard Operating Procedures (SOP) for refueling and ground handling operations and shall ensure compliance with standards set forth in the Uniform Fire Code and FAA Advisory Circular 00-34A, Aircraft Ground Handling and Servicing. The SOP shall address bonding and fire protection, public protection, control of access to the fuel storage area, and marking and labeling of fuel storage tanks and fuel dispensing equipment, and shall be submitted to the Director no later than thirty (30) days prior to the FBO commencing fueling activities. Additionally, the FBO shall comply with FAA Advisory Circular 150/5230-4, Aircraft Fuel Storage, Handling, and Dispensing on Airports, Airport rules and regulations, and all other applicable laws related to aircraft fuel handling, dispensing and s torage. Each FBO shall obtain all applicable fueling certifications and permits, and receive periodic refresher training as required. The Director and/or the FAA may periodically conduct inspections of the FBO activities and facilities to ensure compliance with laws, regulations, and Minimum Standards. Additional Requirements for FBOs Each FBO shall furnish good, prompt, courteous and efficient services, adequate to meet all reasonable demands, on a fair, reasonable and non -discriminatory basis. Each FBO shall operate its business in a first-class manner and shall, at all times, keep its premises at the Airport in a safe, clean and orderly condition consistent with the Business activities authorized, and satisfactory to the Director. Each FBO shall accept not less than three major credit cards and at least one oil company credit card. Each FBO shall select and appoint a full-time manager of its operations at the Airport. Such manager shall be properly qualified and experienced and shall be vested with full power and authority to act in the name of the FBO in respect to the Exhibit “D” method, manner and conduct of the authorized Business. Such manager or a duly authorized subordinate shall be present and available at the Airport during regular business hours. Each FBO shall provide the Director, and keep current, a typed list of the names, addresses, and contacts for all personnel responsible for the operation and management of the FBO. In addition, the Director shall be provided a point-of-contact with phone numbers for emergency situations. All FBO personnel who have regular contact with the public or customers of the FBO (except the FBO’s pilots, office personnel, marketing personnel and offsite sales persons) shall wear attractive uniforms with appropriate insignia and nameplate so they may be readily identified. Each FBO shall control the conduct, demeanor and appearance of its employees and representatives. Upon receiving a reasonable and specific complaint from the Director concerning the conduct, demeanor or appearance of any employee, the FBO shall forthwith take all steps necessary to remove the cause of the complaint. 3. SASOs A. General Requirements for all SASOs Operating hours Eight daylight hours per day, on the same five continuous days each week, exclusive of a two week period when a SASO may, by prior notice, be closed for vacation. The operating hours shall be posted near the door to the Operator’s Leased or Subleased Premises. Leased Space Each SASO shall operate out of a building located on the airport. The Leased or Subleased Premises shall be of an appropriate size to accommodate the services being offered, be accessible to the public, and be marked with appropriate e xternal signage. Each SASO shall provide paved auto parking appropriate for the needs of the business. Responsible Personnel Each SASO shall provide the Director, and keep current, a typed list of names, addresses, and contacts of all personnel responsib le for the operation and management of the SASO. B. Additional Requirements for Specific SASOs Exhibit “D” 1. Flight Training SASOs SASOs providing aircraft dual and solo ground and flight instruction necessary to complete the written examination and flight check for any category of pilot certificate or rating shall, as a minimum: a. Provide at least one (1) or more FAA certified flight instructors as necessary to meet the flight training demand and schedule requirements. b. Provide at least four (4) properly licensed and maintained fixed wing aircraft and/or at least one (1) helicopter equipped to accomplish the services offered. If only helicopter instruction is offered, no fixed wing aircraft will be required. c. Provide air-conditioned classroom space of not less than 100 square feet. 2. Airframe and Power Plant Maintenance SASOs SASOs providing major or minor airframe and/or power plant servicing, maintenance, overhaul, repairs or modifications shall: a. Operate from a ventilated shop space large enough to accommodate one multi-engine Aircraft of 12,500# gross weight. b. Have on-duty at lest one (1) FAA-certified technician who posses an airframe and/or powerplant certificate, with inspection authorization, or possess and operates pursuant to repair station certificate pursuant to FAR Part 145. c. Provide equipment, supplies and parts required for GA aircraft and power plant inspection, maintenance and repair. 3. On-Demand SASOs SASO's providing On-Demand Air Transportation shall: a. Provide at least one (1) person who is appropriately licensed and rated to permit the flight activity offered by the SASO. b. Provide one properly maintained and equipped aircraft to accomplish the services offered. Exhibit “D” An On-Demand SASO shall have and display, a current FAR Part 135 Certificate. 4. Aircraft Rental SASOs SASOs renting aircraft to be flown by third-party, licensed pilots shall: a. Have at least one (1) person available to meet customers' needs. b. Have available for rental, a minimum of four (4) owned or leased fixed wing aircraft and/or one helicopter, all of them certified and Airworthy. These may be the same aircraft used for flight instruction if the Aircraft Rental SASO is also a Flight Training SASO. 5. Avionics Maintenance and Sales SASOs SASOs providing avionics services, which include the maintenance, repair, and installation of aircraft avionics, radios instruments, and accessories, and includes the sale of such equipment, shall: a. Operate in ventilated office or shop space on the Airport that is able to accommodate at least one fixed wing aircraft. b. Have at least one (1) trained and FAA certified technician. c. Hold the appropriate FAA certificates required for the types of services offered. 6. Aircraft Hangar Rental SASOs An Aircraft hangar rental SASO leases and rents hangars or hangar space or tie - down space to third-party aircraft owners or operators solely for those third- parties’ storage of their owned or operated Aircraft. An Aircraft h angar rental SASO shall: a. Lease or construct hangars sufficient to store, in complete security, not less than twenty (20) single-engine GA Aircraft. Each hangar shall be lighted and have not less than 15 amps electrical service. SASO shall provide for its hangar tenants at least one lockable rest room for every 20 hangars or portion thereof, with an outside hose bibb. Further, SASO shall provide trash bins for use by SASO’s tenants, which SASO shall empty as often as required but not less Exhibit “D” than once each week, disposing of the trash at SASO’s expense at a location off the Airport. b. Make known contact name and phone number for SASO, hangar availability, and rental rates by posted informational sign. Operator shall employ a system of master-keyed padlocks and shall supply each hangar tenant a discrete lock, which said tenant shall use exclusively to secure his/her rented hangar. Two copies of the master key shall be provided to the Director. c. Provide the Director, and keep current, a list of all Operator’s renters, with their names addresses and phone numbers and the make, model and “N” number of their stored Aircraft, plus a list of Aircraft owners, if any, waiting for a hangar to become available for rental. d. SASO shall rent hangars for aircraft storage purposes only. Without limiting the generality of the foregoing, no hangar may be used primarily for storing or inventorying personal property that is not closely associated with the servicing, maintenance and/or care of an Airworthy Aircraft stored in the hangar. or Aircraft actively in process of being made Airworthy in the hangar, or an Aircraft being prepared for public display, or being specially prepared, treated and preserved for future rehabilitation in the hangar. Extensive Storage of personal property in any hangar, except as a incident of the hangar’s primary use as aforesaid, shall constitute a breach of the SASO’s Agreement with the City. e. Hangar tenants may perform only Preventive Aircraft Maintenance in accordance with 14 CFR Part 43 within their rented hangars. Any other aircraft maintenance must be performed by an authorized FBO, SASO, MSP, or by the tenant in accordance with 14 CFR Part 43.3(d). Experimental aircraft construction and maintenance is allowed in accordance with 14 CFR Parts 21 and 65. Any type of hazardous or combustible material storage shall be permitted within the hangar property only in amounts allowed under the Uniform Fire Code. The piling and storage of crates, boxes, barrels, and containers, refuse, and surplus property shall not be permitted outside the hangar. All activity in or about the hangars shall be in accordance with the requirements of the Uniform Fire Code. 7. Aircraft Sales SASOs SASOs providing new and/or aircraft sales and aircraft brokerage services shall: Exhibit “D” a. Operate from an exclusively occupied office on the Airport and have at least one (1) qualified aircraft salesperson who holds a current pilot certificate with appropriate aircraft type ratings 8. Aircraft Restoration, Painting, and Refurbishing SASOs SASOs providing the restoration, painting and refurbishing of aircraft structures, propellers, accessories, interiors, exteriors, and components, shall: a. Operate from a ventilated shop space large enough to accommodate one multi-engine Aircraft of 12,500# gross weight. b. Have at least one (1) qualified person that has certificates appropriate for the work performed. c. Meet all requirements of the Uniform Fire Code. d. If painting is to be performed on the Airport, holds any and all the air quality and other permits required for same. 9. Specialized Flying Services SASOs SASOs providing specialized commercial flying services such as non -stop sightseeing tours, aerial photography or surveying, power line or pipeline patrol, firefighting or fire patrol, air ambulance, airborne mineral exploration, banner towing, and other air transportation operations specifically excluded from FAR Part 135 shall: a. Provide at least one (1) person who holds a current FAA appropriate pilot certificate and medical certificate with ratings appropriate for the operator's aircraft. b. Own or lease at least one (1) Airworthy Aircraft. 10. Commercial Skydiving Inasmuch as the Airport is located under FYI’s Class C Airspace, no skydiving whatsoever is authorized at, on or from the Airport. 11. Aerial Applications Aerial application operations are not authorized at, on or from the Airport. 12. Mobile Service Providers. If the Director shall determine that the significant needs of Chandler’s based aircraft owners are not being adequately served by the authorized, on -airport SASOs, he may, in his discretion, authorize Mobile Service Providers who shall meet at least the following general requirements: Each MSP shall hold a City issued Commercial Aviation Operator Permit. Each MSP shall ensure compliance with Airport Security Access Plan. Each MSP shall provide sufficient qualified personnel necessary to meet the Minimum Standards for each aeronautical service provided. However, multiple responsibilities may be assigned to employees where feasible. Each MSP shall provide the Director, and keep current, a written statement of names, addresses, and contacts of all personnel responsible for the operation and management of the MSP. 7/11/05 version Last Updated 07/11/2005 22 J:\FCH\Master Documents\7-26-05, Minimum Standards FCH (Final).doc EXHIBIT “F” Exhibit F DISCLOSURE OF CONFLICT OF INTEREST Flight Level Aviation, LLC. YES* NO 1 Are you currently in litigation with the City of Fresno or any of its agents? 2 Do you represent any firm, organization or person who is in litigation with the City of Fresno? 3 Do you currently represent or perform work for any clients who do business with the City of Fresno? 4 Are you or any of your principals, managers or professionals, owners or investors in a business which does business with the City of Fresno, or in a business which is in litigation with the City of Fresno? 5 Are you or any of your principals, managers or professionals, related by blood or marriage to any City of Fresno employee who has any significant role in the subject matter of this service? 6 Do you or any of your subcontractors have, or expect to have, any interest, direct or indirect, in any other contract in connection with this Project? * If the answer to any question is yes, please explain in full below. Explanation: Signature Date (name) (company) (address) Additional page(s) attached. (city state zip) Flight Level Aviation Lease Agreement – Fresno Chandler Airport AD-2 64)7 Church Ave. California Ave.Hughes Ave.West Ave.Whites Bridge Rd. Kearney Blvd. AIRPORT EXECUTIVE FRESNO CHANDLER Nielsen Ave. Belmont Ave.Fruit Ave.Walnut Ave.Route Fresno St. 99Sta t e VICINITY MAP State Rout e 180 0 FEET 4000 2000 LEASE LOT 1 HAS AN AREA OF 64)7 FUEL FARM Church Ave. California Ave.Hughes Ave.West Ave.Whites Bridge Rd. Kearney Blvd. AIRPORT DOWNTOWN FRESNO- CHANDLER Nielsen Ave. Belmont Ave.Fruit Ave.Walnut Ave.Route Fresno St. 99Sta t e VICINITY MAP State Rout e 180 0 FEET 4000 2000 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID19-1761 Agenda Date:6/20/2019 Agenda #:1-E REPORT TO THE CITY COUNCIL June 20, 2019 FROM:GREGORY A. BARFIELD, Director Department of Transportation BY:BRIAN BARR, Assistant Director Department of Transportation DUANE MYERS, Fleet Manager Department of Transportation, Municipal Fleet Division CLIFF TRAUGH, Senior Management Analyst Department of Transportation, Municipal Fleet Division SUBJECT Approve the award of a cooperative purchase agreement to Quinn Company of Fresno,California, for the purchase of one Caterpillar 914M wheel loader in the amount of $143,895 RECOMMENDATION Staff recommends Council approve the award of a cooperative purchase agreement to Quinn Company of Fresno,California,for the purchase of one Caterpillar 914M wheel loader in the amount of $143,895. EXECUTIVE SUMMARY The Department of Public Utilities,Solid Waste Management Division wishes to purchase one Caterpillar 914M wheel loader as an addition to the Operation Clean Up team.The new unit will be used as the primary means of removing material placed curbside by homeowners during the annual Operation Clean Up program.The wheel loader will be purchased through a competitively solicited cooperative procurement process administered by Sourcewell,formerly the National Joint Powers Alliance (NJPA). BACKGROUND The Department of Public Utilities,Solid Waste Management Division is responsible for sanitation programs such as Operation Clean Up and litter control for over 111,000 residential customers. City of Fresno Printed on 3/17/2023Page 1 of 3 powered by Legistar™ File #:ID19-1761 Agenda Date:6/20/2019 Agenda #:1-E programs such as Operation Clean Up and litter control for over 111,000 residential customers. Fifteen drivers service a 112-square-mile area recycling discarded lumber,appliances,and various other large objects that would otherwise end up in a landfill.The Solid Waste Management Division annually removes over 29,150 tons of refuse city-wide through these programs. The wheel loader is an integral component in the Operation Clean Up program.This piece of equipment is used to pick up debris left curbside by homeowners,and load that material into refuse trucks.These loaders are outfitted with a hydraulically controlled claw capable of opening eight feet wide and picking up a cubic yard of material in one cycle.These units are rubber wheeled and can be driven to and from the job site,eliminating the need for a truck and trailer transport.The 914M is geared to reach speeds of 24 miles per hour;and,during the cleanup process,it is able to maintain continuous collection at a walking speed.The unit speed and loading capacity allow three crews and associated equipment to cover all of Operation Clean Up for the city in a ten-month period.In the remaining two months of the year,the loaders are deployed to assist in leaf removal for the Streets Maintenance Division.The Operation Clean Up team has utilized this type of equipment for more than 20 years and has found the Caterpillar 914M to be reliable. The Solid Waste Management Division has recognized a need to expand its fleet to keep up with the City of Fresno’s growth.The new Caterpillar 914M wheel loader will be built to a specification similar to existing units,updated with the latest technology to increase fuel efficiency,and continue to meet the Tier 4 final emissions standard.The wheel loader will feature a newly developed hydraulic system that allows full operation at a lower RPM,increasing fuel efficiency across all aspects of operation. The Department of Transportation,Municipal Fleet Division recommends this purchase based on the needs of the Solid Waste Management Division. The 914M wheel loader will be purchased following a competitively solicited cooperative procurement process administered by Sourcewell.Sourcewell utilizes a rigorous request for proposal (RFP),which includes development of solicitation document and proposal evaluation criteria,public advertisement, a five-to six-week response period and a pre-proposal conference.Upon closing of the response period,a committee evaluates proposals to determine the responsiveness against the pre- determined RFP evaluation criteria.Multi-year contracts are awarded based on the evaluation scores. The purchase price for the unit is $143,895.This price includes the Sourcewell,cooperative purchasing discount applied to City purchases,as well as sales tax at 7.975 percent.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. City of Fresno Printed on 3/17/2023Page 2 of 3 powered by Legistar™ File #:ID19-1761 Agenda Date:6/20/2019 Agenda #:1-E FISCAL IMPACT No general funds will be used to purchase this item.The funding to cover the purchase cost of the Caterpillar 914M wheel loader unit has been included in the FY19 adopted budget under the operations of the Solid Waste Management Division.The source of funding for this project is the Solid Waste Operating Fund, generated primarily by the collection of customer user fees. Attachments: Acceptance and Award CAT Contract Combined Ads Comment and Review Evaluation RFP 5th Year Extension City of Fresno Printed on 3/17/2023Page 3 of 3 powered by Legistar™ Bid Information /∠Home ∠List of Bids Bid Information Bid Information for 032515 Bid Number 032515 Description HEAVY CONSTRUCTION EQUIPMENT WITH RELATED ACCESSORIES, ATTACHMENTS, AND SUPPLIES. Published By National Joint Powers Alliance Solicitation Type Open to all suppliers Contract Type RFP Procurement Name Procurement Published Date 01/23/2015 Closing Date 03/25/2015 04:30:00 PM CT Country & Province/State Ontario, Canada Region & City , Bid Type Goods Group Remind Notice Date Not Applicable Publish Option NIGP Code Value Range Not Applicable Accept questions Deadline: Tender Area NDA Requirement N/A NOI Date N/A Site Meetings N/A HEAVY CONSTRUCTION EQUIPMENT WITH RELATED ACCESSORIES, ATTACHMENTS, AND SUPPLIES. 032515 Closing Date: 03/25/2015 04:30:00 PM CT Detail: The National Joint Powers Alliance® (NJPA), on behalf of NJPA and its current and potential member agencies, which includes all governmental, higher education, K-12 education, not-for-profit, tribal government, and all other public agencies located in all fifty states, Canada, and internationally, issues this Request For Proposal (RFP) to result in a national contract solution for the procurement of # 032515 HEAVY CONSTRUCTION EQUIPMENT WITH RELATED ACCESSORIES, ATTACHMENTS, AND SUPPLIES. Details of this RFP are available beginning JANUARY 23, 2015. Proposals will be received until MARCH 25, 2015 at 4:30 p.m. Central Time at the above address and opened MARCH 26, 2015 at 8:00 a.m. Central Time. No Bid Document Selected Heavy Equipment/ Vehicles Dump trucks, bull-dozers, cranes, asphalt rollers, etc. tractors Office trailers, skid loader, earthmovers, heavy duty vehicles, excavators, caterpillar, graders, trains etc. Seq. Seq. Name Name Description Description Size Size Page Page NDA NDA Required Required Preview Preview Document Document FREE Electronic Distribution of Bid Document(s) Pending Biddingo Approval Pending Biddingo Approval Requirements Bid Advertisement Bid Document Selected Categories (Biddingo Category) Attached Bid Documents Page 1 of 2Biddingo - Leading e-procurement portal for public and private sector bids 1/23/2015https://r2cow.biddingo.com/viewVerification/225660/1147030 Doc. 1 Details may be obtained by letter of request to Maureen Knight.docx How to obtain RFP 11753 1 Name / Email Name / Email Address Address Phone Phone Fax Fax No Bidder Invited © Copyright 2015 R2CoW. All Rights Reserved. Powered by [ SUPPORT (Download Training Manuals) ] ABOUT SSL CERTIFICATES Invited Bidders Page 2 of 2Biddingo - Leading e-procurement portal for public and private sector bids 1/23/2015https://r2cow.biddingo.com/viewVerification/225660/1147030 Request for Proposal (RFP) Abstract: HEAVY CONSTRUCTION EQUIPMENT WITH RELATED ACCESSORIES, ATTACHMENTS, AND SUPPLIES https://www.merx.com/...LID=1&HID=&hauth=%2bxzD5uZneLFsXVZnibKK%2bA%3d%3d&hcode=iMZ1kuVTUnBwdeDkwBd3FQ%3d%3d[9/30/2016 2:11:36 PM] Help Contact Us Tutorial Logout OPPORTUNITY ABSTRACT FRANÇAIS Print-friendly Version Document Request List: N/A HEAVY CONSTRUCTION EQUIPMENT WITH RELATED ACCESSORIES, ATTACHMENTS, AND SUPPLIES Disclaimer Header Reference Number PR318461 Solicitation Number 032515 Buying Organization National Joint Powers Alliance Source ID PP.CO.USA.868485.C88455 Associated Components Yes Non-disclosure Agreement Not required. Dates Published 2015-01-23 Revised Closing 2015-03-25 04:30 PM Central Daylight Saving Time CDT Details Opportunity Access Open Category Industrial Equipment Construction Products GSINS Request for Proposal (RFP) Abstract: HEAVY CONSTRUCTION EQUIPMENT WITH RELATED ACCESSORIES, ATTACHMENTS, AND SUPPLIES https://www.merx.com/...LID=1&HID=&hauth=%2bxzD5uZneLFsXVZnibKK%2bA%3d%3d&hcode=iMZ1kuVTUnBwdeDkwBd3FQ%3d%3d[9/30/2016 2:11:36 PM] Region of Delivery Canada Agreement Type Tender Type Request for Proposal (RFP) Estimated Value Pre-bid Meeting Optional 2015-03-04 10:00 AM Central Standard Time CST Webcast/Conference Call Site Visit Not Applicable Bid Security Required No Deadline for Bidders' Questions 2015-03-18 Notice Description HEAVY CONSTRUCTION EQUIPMENT WITH RELATED ACCESSORIES, ATTACHMENTS, AND SUPPLIES The National Joint Powers Alliance® (NJPA), on behalf of NJPA and its current and potential member agencies, which includes all governmental, higher education, K-12 education, not-for-profit, tribal government, and all other public agencies located in all fifty states, Canada, and internationally, issues this Request For Proposal (RFP) to result in a national contract solution for the procurement of # 032515 HEAVY CONSTRUCTION EQUIPMENT WITH RELATED ACCESSORIES, ATTACHMENTS, AND SUPPLIES. Details of this RFP are available beginning JANUARY 23, 2015. Proposals will be received until MARCH 25, 2015 at 4:30 p.m. Central Time at the above address and opened MARCH 26, 2015 at 8:00 a.m. Central Time. Contact(s) Contracting Authority Name Ginger Line Address 202 12th Street NE PO Box 219 City Staples State / Province MN Country United States Postal Code 56479 Phone (218)894-1930 Request for Proposal (RFP) Abstract: HEAVY CONSTRUCTION EQUIPMENT WITH RELATED ACCESSORIES, ATTACHMENTS, AND SUPPLIES https://www.merx.com/...LID=1&HID=&hauth=%2bxzD5uZneLFsXVZnibKK%2bA%3d%3d&hcode=iMZ1kuVTUnBwdeDkwBd3FQ%3d%3d[9/30/2016 2:11:36 PM] Fax (218)894-3045 Email ginger.line@njpacoop.org Website URL Print-friendly Version Document Request List: N/A Awards: View Note: Web site links will be displayed when available. If you click a web site link, you will be connected to another web site. Your MERX session will timeout after 20 minutes of inactivity. 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MERX, the Minister nor the Contracting Authority will assume responsibility or liability for the accuracy of the information contained in the publication. © 2016 MERX National Cooperative Contract Solutions -Heavy Construction Equip.with Related Accessories, Attachments, and Supplies The National Joint Powers Alliance® (NJPA), on behalf of NJPA and its current and potential member agencies, which includes all governmental, higher education, K-12 education, not-for-profit, tribal government, and all other public agencies located in all fifty states, Canada, and internationally, issues this Request For Proposal (RFP) to result in a national contract solution for the procurement of # 032515 HEAVY CONSTRUCTION EQUIPMENT WITH RELATED ACCESSORIES, ATTACHMENTS, AND SUPPLIES. Details of this RFP are available beginning JANUARY 23, 2015. Details may be obtained by letter of request to Jonathan Yahn, NJPA, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479, or by e-mail at RFP@njpacoop.org. Proposals will be received until MARCH 25, 2015 at 4:30 p.m. Central Time at the above address and opened MARCH 26, 2015 at 8:00 a.m. Central Time. Pre-Proposal Conference: March 4, 2015 at 10:00 am CT Sealed proposals due: March 25, 2015 at 4:30 pm CT Proposals will be publicly opened: March 26, 2015 at 8:00 am CT NJPA reserves the right to reject any and all proposals. To Obtain RFP documents do one of the following: 1. E-mail RFP@njpacoop.org, an email will be sent back to you with the documents 2. Send a letter of request to National Joint Powers Alliance: Attn: Contracts Department 202 12th Street NE, Staples, MN 56479 3. Complete the RFP Document Request Form below, this will redirect you to a page where you can get the documents immediately. RFP Document Request Form: *is a required field Vendor Name * Vendor Address * Vendor City * Vendor State * Vendor Zip Code * Contact Name * Contact Email * Vendor Phone Number * Submit Home > National Cooperative Contract Solutions >Become a Vendor >Current & Pending Solicitations > -Heavy Construction Equip. with Related Accessories, Attachments, and Supplies Page 1 of 3National Joint Powers Alliance :: - Heavy Construction Equip. with Related Accessories, ... 1/23/2015http://www.njpacoop.org/national-cooperative-contract-solutions/become-vendor/current-p... 12-Step Procurement Process About Us Affiliations & Relationships Become a Member Become a Vendor Get to Know NJPA Current & Pending Solicitations - Instructional and Leadership Training Development as related to systems solutions - Technology Solutions with related equipment and accessories Event Seating with Related Accessories - Mobile Refuse - Information Security Assessments - Office, School and, Other Workplace-Related Supplies and Services - Staffing and Professional Employment Related Services PAINT AND WALL COVERINGS WITH RELATED SUPPLIES, EQUIPMENT AND SERVICES - Agricultural Tractors with Related Equipment and Accessories - Pre-Engineered Buildings with Related Materials, Site Prep, Install and Ancillary Services Furniture with Related Accessories and Services - Heavy Construction Equip. with Related Accessories, Attachments, and Supplies Vendor Reference Guide Contracts - General Contracts - Fleet Contracts - ezIQC Construction Cooperative Health Page 2 of 3National Joint Powers Alliance :: - Heavy Construction Equip. with Related Accessories, ... 1/23/2015http://www.njpacoop.org/national-cooperative-contract-solutions/become-vendor/current-p... Current & Pending Solicitations FAQs How to Purchase Legal Authority National Cooperative Leasing NJPA Access for Vendors Search Vendors & Products Tribal What Can NJPA Do For You Vendor Newsletter Page 3 of 3National Joint Powers Alliance :: - Heavy Construction Equip. with Related Accessories, ... 1/23/2015http://www.njpacoop.org/national-cooperative-contract-solutions/become-vendor/current-p... Metro [C M Y K] K1 Friday, Jan. 23, 2015 General Policies Review your ad on the first day of publication.If there are mis- takes, notify us immediately. We will make changes for errors and adjust your bill, but only if we receive notice on the first day the ad is published. We limit our liability in this way, and we do not accept liability for any other damages which may re- sult from error or omission in or of an ad. All ad copy must be ap- proved by the newspaper, which reserves the right to re- quest changes, reject or proper- ly classify an ad. The advertis- er, and not the newspaper, is re- sponsible for the truthful con- tent of the ad. Advertising is al- so subject to credit approval. NOTICE:Appointment of Washing- ton State Fiscal Agent - The Wash- ington State Finance Committee has by Resolution 1160 appointed US Bank National Association as Washington’s next state-wide fis- cal agent pursuant to RCW 43.80. 120. The four-year contract is to be effective February 1, 2015. CERTIFICATE OF ASSUMED NAME , State of Minnesota, Pursuant to Chapter 333 Minnesota Statutes: the undersigned, who is or will be conducting business in the State of Minnesota under an assumed name, hereby certifies: 1. State the exact assumed name under which the business is or will be conducted: Twin City Restaurant Equipment & Supply 2. State the address of the principal place of business: 14552 268th Avenue NW Zimmerman, MN 55398 3. List the name and complete street address of all persons con- ducting business under the above Assumed Name: Pietrafitta’s Italian Market, LLC 14552 268th Avenue NW Zimmerman, MN 55389 4. I certify that I am authorized to sign this certificate and I further certify that I understand that by signing this certificate, I am subject to the penalties of perjury as set forth in Minnesota Statutes section 609.48 as if I had signed this certifi- cate under oath. Dated: January 20, 2015 Signed: Lisa Pietrafitta, Director of Operations The National Joint Powers Alliance® (NJPA),on behalf of NJPA and its current and potential member agencies, which includes all governmental, higher educa- tion, K-12 education, not-for-profit, tribal government, and all other public agencies located in all fifty states, Canada, and international- ly, issues this Request For Propos- al (RFP) to result in a national con- tract solution for the procurement of #032515 HEAVY CONSTRUCTION EQUIPMENT WITH RELATED AC- CESSORIES, ATTACHMENTS, AND SUPPLIES. Details of this RFP are available beginning JANUARY 23, 2015. Details may be obtained by letter of request to Jonathan Yahn, NJPA, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479, or by e-mail at RFP@njpacoop.org. Proposals will be received until MARCH 25, 2015 at 4:30 p.m. Cen- tral Time at the above address and opened MARCH 26, 2015 at 8:00 a.m. Central Time. RFPs are also advertised on www.njpacoop. org. Beginning April, 2015, RFPs will be advertised on www. njpacoop.org and will no longer be advertised in the Star Tribune. Global Academy ("District")re- quests proposals for group insur- ance coverage for the health plan year beginning July 1, 2015. Sealed proposals will be accepted in paper form until 5:00 pm central time on Monday, March 9, 2015 at 4065 Central Avenue NE, Columbia Heights, MN 55421. Copies of the request for proposal and exhibits may be requested from Helen Fisk, Director (helen.fisk@ globalacademy.us), and will be sent electronically at no charge. District reserves the right to reject any or all bids and to waive informalities. District reserves the right to select the proposal which it determines to be in the best in- terest of the District. Blown-In Insulation Free estimates anytime. 763-221-5717 HANDYMAN Remodels specializing in tile, paint, decks & fence. Free Estimates. Insured. 28 years exp. No job too small. John 612-200-8096 û PAINTING/WALL REPAIR û QUALITY Work at a REASON- ABLE Rate. 763-464-1918 or svobodapainting.com Licensed RN will provide care in your south metro home. Home care/hospice experience. Four to 10 hr days. 952-463-0233 HEALING MASSAGE - Swedish & LOMI LOMI, By Licia 763-533-5561 MASSAGE MELTDOWN 24/7, in/out. Full body $50. 612-578-5513 Wild Nasty Babes!!! 18+ Hot Live 1 on 1! 1-800-350-4323 MEET HOT MEN Browse Ads FREE! 952-938-8700 FREE Code 2558, 18+ HOT LOCAL BABES EVERYBODY TRY IT FREE! 1-888-434-2223 18+ Visit Star Tribune Auction Hub Find thousands of items from local auction companies. www.startribune.com/auctions PLYMOUTH SALE 5060 Archer Lane SAT-SUN 9-3 #’s at 8am Sat DIR: Hwy 55 WEST, RT on Peony Lane, RT on Schmidt Lake Rd, LEFT on Archer. See www.estatesales.net for pics! JBH and ASSOCIATES Mpls Estate Sale 3336 40th Ave S. Fri 10-5, Sat 10-4. Sun 10-2. 60+ yr accumulation. House & gar packed! See list at www.rosesvintage.com BLOOMINGTON, The Gables 9741 Grand Ave. , Jan. 23 & 24, 10a to 5p. Beautiful furniture, hospi- tal bed & medical equip, HH. BLOOMINGTON ESTATE House for Sale. Sat 9-3/Sun 10-3 Details at www.estatesales.ne t Anoka Fri & Sat Jan 23-24 from 9-4 Household, tools, furn, antiques. 624 Benton St, Anoka WE PURCHASE FINE ART and limited ed. prints. 612-501-8998 **HOPKINS ANTIQUE MALL** 68 DEALERS 2 LEVELS 1008 Mainstreet Hopkins, 952-931-9748, Mon-Sat 11-6, Sun 11-5 Closed Major Holidays BUYING old toys, metal trucks, Hot Whls, Tonka, action figs, GI Joe, Star Wars, sport cards, etc. 612.817.0537 COIN SHOW Sun. Jan. 25 at 9a to 4:30p, American Legion, 6501 Port- land Ave. S., Richfield. wocgs.com TOY CAR SHOW & SWAP MEET Sun 1/25, VFW, 7775 Medicine Lake Road, Golden Valley. Early adm. 10am, $5. Doors open noon-3, $2. All kinds of toy cars & toys. Questions: Warren 612-636-2450 Wanted Antiques/Collectibles for possible trade Greg 651-659-0199 Mpls Firewood 3 yr dry oak + birch 4’x8’x16"= $150 or 2/$250, free del + stack, call or text 612-845-0957 SOLID DRY RED OAK/MIXED 4’x8’x16” $130 (2/$240). Credit/cash. Call 612-750-8131 or 320-390-0217 BEDS BEDS BEDS 612-782-9595 TWIN MATTRESS AND BOX $125 FULL MATTRESS AND BOX $140 QUEEN MATTRESS AND BOX $150 KING MATTRESS AND BOX $250 FACTORY SEALED IN PLASTIC DELIVERY AVAILABLE KAWAI KG-2A 1994 GRAND PIANO,5’ 10", polished ebony. Successor model new is $27,500. Rarely played. Stunning. Exceptional quality. $14,700. 651-552-1396 612-790-0440 PIANO 1909 6’ GABLER GRAND PIA- NO Fully restored. 1 time New Year Special! $4,900/bo. 218-476-2012 Tanning Beds I have over 20 used tanning beds for sale starting at $400 with warranty. 952-807-2728 Alaskan Malamute 2 Females Gr/Wh. AKC Born 10/27/14 Vet checked Vacc current. Health guar. 763-689-1975 Alaskan Malamute Pups , giant, AKC CampbellsAlaskanMalamutes.com 763-493-2074 or 763-257-5089 Beagle Purebred Beagles. 3rd set shots, registered, vet checked, Born 10-28, Tri color. $400 320-286-2516 BERNESE/GOLDENDOODLE PUPS Black & white, vet checked, shots. M $1200, F $1500. 507-358-4074 BOSTON TERRIER PUPPIES, brindle, reg AKC, family rsd. Ready in 5 wks. M $700 F $750. 320-547-0035 eves BRUSSELS GRIFFON,black/tan, Rottweiler looks, but v. tiny, vet/ shots, F $995, M $650. 612-224-2577 BULLDOGGE OLDE ENGLISH PUPS Vet checked. 612-290-9381 www.bulldogsbyoandb.com English Mastiff AKC M&F Moving, must sell by 1/30/15, $800. 605-957-4430 French Bulldog $2700, Stunning Blue Brindle, Born 10/16/14, AKC, Shot UTD, Health Guarantee. 507-382-6828 French Bulldog Reg F, 9mos, $1300. 1 Blue M 17wks, AKC, @ higher price. 763-434-3945 or 763-438-8310 GERMAN SHEPHERD AKC PUPS Champion bloodlines, both parents, black/tan & black sables, shots, wormed, vet checked, family raised. Will meet. M/F $550. 320-894-9808. wolfdogkisses@yahoo.com German Shepherd Dog (GSD)AKC, Wht, blk/tan, vet chkd, shots, de- wormed, dews, $500. 320-309-5852 German Shepherd Pups,AKC reg. GSD pups ready for new homes, family raised, $1000, 320-282-8292 GERMAN SHEPHERD PUPS AKC. US/German Lines. Guar. 715-537-5413. www.jerland.com GOLDENDOODLE - MINIS M/F, ivory, caramel, reds, ready to go 2/14, puppiesupnorth.com 320-250-2464 GOLDENDOODLE PUPS Stunning Mini & Standards. All colors. Health guaranteed. Family raised. letsplaykennels.com 507-696-2848 Goldendoodles, Mini Fam rsd, vet, shots, will be 15 lbs, Nonshed, Start- ing at $1000. 612-839-7766 Golden Retrievers AKC English Cream/Light Gold, Family/Running/ Hunting, M$700 F$750. 605-929-9715 GOLDEN Retrievers Since 1950! English Creme AKC OFA. Champion sired. $1500-$1800 920-277-6015.Will meet. southbranchgoldens.com GREAT DANE AKC Pups vet chk, shots, wormed, mixed colors, avail Jan 30 beautiful babies 763-786-4527 Great Pyrenees Purebred Pups M/F, 1st shots, vet chk, $475. 763-688-1312 HAVANESE MALES:AKC, 1 Sable, 2 Chocolates, 1 Black & White Adult. Fridley, MN 763 - 571 - 3881 IRISH SETTERS, PUREBRED ACK, reg- istered, 4 M, ready to go 1/31, $50 to hold. Shots & vet chkd. $500. WILL MEET 320-304-0423 Jack Russell Pups 2 purebred male pups shots and wormed well social- ized $300 507-822-0107 LAB AKC PUPS Yellow, Ivory or black, ‘Blocky’, excellent bloodlines, Raider line.Good Lookin’ Pups! M $400 / F $450. 320-749-2428 LAB, AKC, RED.Excellent hunting and family pet! Born 12/14, M/F, $600. 320-808-9957 LABRADOODLE MINIS & SPOODLES ivory, tan, blk, and choc, M/F, puppiesupnorth.com 320-250-2464 LABS AKC Choc & Black. Exc family pet & bloodlines, dews, shots, hips. M/F $500-$700. 320-864-6238 LANDSEER NEWFOUNDLAND/ GREAT PYRENEES CROSS PUPS,1st shots. $500-$650. 763-227-7353 LHASA OPSA AKC Reg.long haired pony tail beauties, born 12/1/14, Average weight 10 to 15 pounds. $350 320-444-0389 Newfoundland AKC Puppies Taking Deposits F & M, Br, Br/Wh, Irish Spot Mom & Dad on site. available 2/14 cedarlakenewfies@yahoo.com Pomeranian Teacup Pups. and Stud Service. 612-205-8571 bloomsandpoms@gmail.com Poodle, Standard puppies, 1 M, 3 F, UTD shots, Vet checked, 8 weeks, Ready, $1,000, 507-920-6547 SCHNAUZER Mini CKC Female, choc parti, shots, dews, very social, rsd w/TLC, $500. 320-760-6839 SCHNAUZER PUPS,AKC, family raised, vet chkd, males, started house breaking, $600. 952-469-4189 SHIH POO PUPS,males, cream and tan, 1st shots, guarantee. $320. Will meet. 507-368-4857 YORKIEPOO Toy All Black, loves kids, 3 m 10/16. Vet chk, pup shots, non shed, $650. Eagan, 651-456-0957 SCOTTSDALE, AZ BEAUTIFUL 3BR HOUSE, 1 story, furnished, overlook- ing lake & community swimming pool in McCormick Ranch gated community. $1250/week. $250 de- posit. 651-301-1204 CAPTIVA ISLAND, FL ON THE BEACH! 2BR, 2BA condo, sleeps 6. 3/6 - 3/13. 651-247-4577 GUN & KNIFE SHOW Buy•Sell•Trade Jan 24-25, Sat 9am-5pm, Sun 9-3. ANOKA ARMORY 763-754-7140 * * BLOOMINGTON * * Beautiful 1BR & 2BR Senior Apts w/new oak cabinets, ceramic tile, dishwasher, microwave, balcony! Underground heated parking, elevator, busline. No pets. Available now. 1BR for $849. 2BR for $949. THIS IS A MUST SEE! 763-323-7914 8848 Nicollet Ave S www.daystarapts.com 1525 south 4th Street PUBLIC NOTICE - RIVERSIDE PLAZA- SECTION 8 WAITING LIST OPENING The Section 8 waiting lists for studio, one bedroom and two bedroom units at Riverside Plaza will open on February 1, 2015. If you are interest- ed in applying for the waiting list, please stop by 1600 South 6th Street in Minneapolis, Minnesota 55454 to pick up an application. Our office hours are Monday through Friday from 9:00 am and 5:00 pm. If your name is already on our waiting list, Riverside Plaza will maintain your name and the date and time you ap- plied for the waiting list. You must update your personal information by responding to the correspon- dence you receive from our office annually. Riverside Plaza is an Equal Employer and Housing Opportunity property. $1,134. 612-337-2682 ANOKA Homes On The River 763-421-7578. 1 BR apts. We have turned the old Anoka Electric build- ing into luxury apts. Granite counter tops, stainless steel appliances, ce- ramic tile floors, high industrial looking ceilings, washer & dryer in each unit. $900-$1,480 per mo. 709 West Central Ave SE PUBLIC NOTICE COMMUNITY PLAZA SECTION 8 WAITING LIST OPENING The Section 8 waiting lists for two bedroom and three bedroom units at Community Plaza will open on February 1, 2015. If you are interest- ed in applying for the waiting list, please stop by 1600 South 6th Street in Minneapolis, Minnesota 55454 to pick up an application. Our office hours are Monday through Friday from 9:00 am and 5:00 pm. If your name is already on our waiting list, Community Plaza will maintain your name and the date and time you ap- plied for the waiting list. You must update your personal information by responding to the correspon- dence you receive from our office annually. Community Plaza is an Equal Employer and Housing Oppor- tunity property. $1,041. 612-337-2612 MPLS 32nd St & 3rd Ave S Nice, clean 2 rooms in dplx. Starting @ $475/mo + dep, utils pd, 6 mo lease, No smk, refs req’d. 612-823-3040 ROBIN HOTEL FURN SLEEP RMS Sec bldg. No Smoke/no drink. Sgl $160+ /dbl $190+ per wk + security de- posit. Call 763-519-0000 M-F Only WEST METRO Room for rent in beautiful farm home, 30 minutes West of 494 on Hwy 7, $650 + utils. Pets allowed, 612-418-0218 TWIN CITY PUBLIC CAR AUCTION Sat, January 24. See Bargain Lot for list. www.TwinCitiesAuctions.com 651-633-9655 BMW 745 2005 Li C, AT, 200K+mi, 7509 Oakland Av S $4783.33 owed. 2/16/15 1:00pm Sale. WBAGN63515DS57627 2010 CHEV IMPALA LS................$5999 No Credit, Bad Credit, No Problem! $500 Dn $159 Per Mo. 763-780-5500 GUARANTEED CREDIT APPROVAL û JANUARY SPECIALS û 97 Honda Civic ........................... $1799 01 Saturn SL ................................ $2595 00 Mercury Sable ....................... $2795 96 Buick Skylark ...85K act mi ... $2899 99 Cadillac Seville ..................... $3019 00 Ford Expedition .................... $3199 01 Chrysler PTCruiser ............... $3295 02 Mercury Mountaineer ......... $3299 03 Toyota Corolla ....................... $3795 98 IsuzuTrooper ......................... $3799 01 Mazda Protege ..................... $3995 04 Hyundai Sante Fe ................. $4495 05 Nissan Sentra ........................ $5499 Morrie’s Nissan 763.765.1518 $350 & up On Most Junk and Repairable Autos More on Most ‘00 & up Flatbed Towing Service Serving Entire Metro 7 days a Week Same Day Service 612-554-9469 $$ Up to $7500 $$ Junkers & Repairables More if Saleable - Free Towing - - No Hassles - - Lic. MN Dealer - BBB A+ Rating - Bonded and Insured - - Entire Metro Area - ENVIRONMENTALLY FRIENDLY RECYCLER CROSSTOWNAUTO.NET 612-861-3020 651-645-7715 Twin City Public Car Auction SATURDAY, JANUARY 24, 11AM Preview: Friday 2pm-5pm, Sat 9am. National Guard-Brdwy & Central Av 1025 Broadway St NE, Mpls, 55413 INDOORS 55 Cars, Trucks, Vans! ’08 Pontiac G6, ’07 Nissan Versa, ’07 Equinox, ’07 Taurus, ’05 Corolla, ’04 Saturn Ion, ’03 Accords (2), ’03 Saturn Vue, ’02 Saturn Wgn, ’02 Explorer, ’01 Hondas (2), ’01 Intrigue, ’98 CRV + 40 MORE! 27 Years - 17,000 Vehicles Sold! NOT A SALVAGE AUCTION! ENGINE & TRANS GUARANTEED CASH & PRIZE DRAWINGS! www.TwinCitiesAuctions.com 651-633-9655 Lic #23367, S Doll CHEVROLET MISCELLANEOUS BMW Proposals for Bids Certi�cates of Assumed Name Proposals for Bids General Notices Placeanadtoday. Put an ad in. Get the word out. Call612.673.7000,fax612.673.4884 orgotostartribune.com/placeads. 2402600R/5/14 All rental advertising in the Star Tribune is subject to the laws which make it illegal to advertise "any preference, limitation or dis- crimination based on race, color, national origin, ancestry, religion, creed, sex, marital status, sexual orientation, handicap, disabili- ty, familial status or status regarding public assistance or an intention to make any such preference, limitation or discrimination". The Star Tribune will not knowingly accept any advertisements which are in violation of the law. All dwellings advertised in the Star Tribune publications are available on an equal opportunity basis. Resources: Mpls. Civil Rights 612-673-3012 MN Human Rights 651-296-5663 Rental Home Line 612-728-5767 HUD 1-800-669-9777 40 Temporary Full-Time Positions available in Cold Spring, MN through Work Force Development Systems, LLC and Gold’n Plump Poultry, LLC as joint employers: Seasonal Generalists, 3/1/2015 - 10/31/2015. The Seasonal Generalist is responsible for performing a variety of production centered tasks to support the production of value added poultry products. Supports and fills in for absences of utility and process control positions. Processes product using tools and equipment to cut, trim, tray, weigh, etc. in accordance with United States Department of Agriculture (USDA) and Gold’n Plump Poultry, LLC product standards and procedures. Assists in maintaining the smooth operation of the department by gathering, distributing and monitoring department supplies to support the production schedule; helps maintain production equipment as needed to ensure product quality and quantity are being met; maintain proper product temperature while scaling, moving, recording and storing product and supplies; assists in maintaining the production area for cleanliness in accordance with company sanitation standard operating procedures (SSOP). Perform audits to monitor established control points; review Infinity data and respond to signals supporting compliance to specifications; communicate real time results to processing support on the floor; input collected data into reporting format that can be utilized by supervisors and managers to monitor real time results. $13.00 p/hr. @ 40 hours per week, one 8 hour shift per day, shifts vary. Overtime, at $19.50, will depend on business needs. Experience not required. Ability to sufficiently read, write and speak English. Basic math skills including: addition, subtraction, division, multiplication and percentage calculations. Basic data entry skills. Ability to work with minimal supervision and communicate questions and concerns effectively to maintenance and/or leadership. Housing available at employee’s expense. On-the-job training provided; will fulfill 3/4th wage guarantee under H2B program; tools and supplies provided. Daily transportation to/from worksite provided. Transportation/subsistence paid for costs incurred for reporting to worksite. Applicants may apply for any or all of the jobs listed. When applying please identify the job by GNP Cold Spring, MN you are applying to for the entire period of employment specified. Ad is placed in connection with future application for H2B workers. If interested contact Peggy Brown at pbrown@gnpcompany.com or PO box 1106, St Cloud, MN, 56302. Or Gloria Bostic at gloria.bostic@state.mn.us. Refer to ID 8041160 when applying FLEET DRIVERS WANTED 3668/12/14 Opportunities for full-time hours available. Great working atmosphere and a potential to earn up to $17/hour77 with benefits. Paid training and uniforms provided. Call now: 612-673-4222 or go to StarTribunecompany.com Make $500–$750 just by getting hired. (Limited-time only) 5152140S/5/14 Dressforsuccess. See Stylepoints in Thursday’s Variety. Digupgardeningtips. Read Variety H+G every Wednesday. 5152140S/5/14 Friday, January 23, 2015 l STAR TRIBUNE l K1 Ad Number:Insertion Number:Size:Color Type:0000060684-01N/A1 Col x 2.81 in0Advertiser:Agency:Section-Page-Zone(s):Description:National Joint Powers AllianceN/AK-1-SouthwestThe National Joint Powers Allianc...Friday, January 23, 2015 USA TODAYFRIDAY, JANUARY 23, 2015 MONEY 5B Advertise in USA TODAY! (800) 397-0070 sales@russelljohns.com Place your advertisement in USA TODAY’s Marketplace Classified section today! 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Hurry!www.2MinuteYouth.com 919-841-8116 The National Joint Powers Alliance® (NJPA), on behalf of NJPA and its current and potential member agencies, which includes all governmental, higher education, K-12 education, not-for-profit, tribal government, and all other public agencies located in all fifty states, Canada, and internationally, issues this Request For Proposal (RFP) to result in a national contract solution for the procurement of #032515 HEAVY CONSTRUCTION EQUIPMENT WITH RELATED ACCESSORIES, ATTACHMENTS, AND SUPPLIES. Details of this RFP are available beginning JANUARY 23, 2015. Details may be obtained by letter of request to Jonathan Yahn, NJPA, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479, or by e-mail at RFP@njpacoop.org. Proposals will be received until MARCH 25, 2015 at 4:30 p.m. Central Time at the above address and opened MARCH 26, 2015 at 8:00 a.m. Central Time. Craft breweries have a seem-ingly endless resource to tap as away to keep innovation flowing:home brewers.The latest — and perhaps big-gest — example of a home brewerhitting the big time: Florida Keysbrewer Pat Kennedy, whose newKey lime-zested Keybilly IslandAle debuts in stores in SouthFlorida this week.It’s slightly sweet, with a mod-est alcohol level of 5.4% and atartness that could go over wellwith the Margaritaville masses.“It’s a very unique beer recipefrom a very unique guy, and weare proud of being his partner,”said Tim Schoen, a former An-heuser-Busch executive who in2012 co-founded Brew Hub,which is producing Keybilly Is-land Ale.With a large 100-bar-rel brewing system andan experimental eight-barrel system, Brew Hubserves as a place whereother brewers can maketheir beer without in-vesting in a facility. Justhitting the market: Golf-Beer, made at Brew Hubas part of its partnershipwith pro golfers KeeganBradley, Freddie Jacob-son and Graeme McDow-ell. But Keybilly IslandAle is the first of severallifestyle craft beers thatBrew Hub is making itself at itsLakeland, Fla., brewery. BrewHub’s embrace of home brewerinspiration isn’t new — althoughit’s one of the rare times a homebrewer’s concoction has gottenpermanent production.Boston Beer Co., maker ofSamuel Adams beers, has con-ducted a Longshot home brewcontest since 1996 in which awinning home brew is madeavailable to the public in a limitededition variety pack. And StoneBrewing Co. hosts an annualcompetition with the AmericanHomebrewers Association, withthe winner’s recipe used as a spe-cial collaboration release in bot-tles and on draft. About 1.2 millionAmericans brew beer athome. Giants of the craftbeer industry such asBoston Beer’s Jim Koch,Sierra Nevada Brewing’sKen Grossman and Dog-fish Head Craft Brew-ery ’s Sam Calagione “allwere home brewers atone point,” Schoen said.As breweries experi-ment with new tastes,home brewers are “acreative pipeline for thefuture of craft beer,” hesaid.From the outset,Brew Hub’s mission includedhelping home brewers make it tomarket. That has led to hundredsof e-mails and phone calls fromhome brewers. “It’s a testamentto Pat that he broke through,”Schoen said.Kennedy, 47, of Islamorada,Fla., a salesman with LobsterTrap Art, had been fine-tuninghis Keybilly beer since 2010. Ini-tially, he used Key lime rind, butswitched to juice to get the tangfor his beer, which gets its namefrom “Keybilly,” a slang term forpeople who embrace the FloridaKeys lifestyle.Then, he won several awards ataregional contest. “It was evolv-ing into this really great beer,” Kennedy said. “I was trying tothink how do I get from my back-yard to have my beer on theshelf?”After learning about BrewHub, he fired o several e-mailsand phone calls and eventuallysent some beer in June 2013 tothe company headquarters in St.Louis. But it didn’t survive thehot summer FedEx trip. In along-shot tactic, Kennedy drovetwo hours and showed up unan-nounced at the Boca Raton homeof Brew Hub’s chief brewer, PaulFarnsworth.“My knees were knocking, andIthought this guy might shootme,” Kennedy said. But Farns-worth invited him in, and chattedwith the home brewer for an houror so. “He didn’t try it in front ofme,” Kennedy said. About amonth later, Farnsworth toldKennedy that Brew Hub was in-terested in making his beer. “I al-most had a heart attack,”Kennedy said. Once Brew Hub began opera-tions in August 2014, test batchesof Keybilly Island Ale were soldas “brewer’s choice” beers in itstasting room. “That is where wezeroed in” on the final recipe,Schoen said.“We are” said Schoen, “on apath that is unprecedented for ahome brewer.” KERRY KRUMENACKER Home brewerPat Kennedy,outside ofBrew Hub inLakeland,Fla., namedhis beer afteraslang termfor peoplewho embracethe FloridaKeys lifestyle. Homebrewerhits thebig time Key lime-zested beer goes to market, with some help Mike Snider USA TODAY BREW HUBBrew HubCEO TimSchoen poursKeybilly Is-land Ale atthe breweryin Lakeland,Fla. The beerhits stores inSouth Floridathis week. SAN FRANCISCO By and large, thelives of the tech rich and famousaren’t the stu of tabloid fodder.Maybe the occasional tale of anextravagant party here or a stun-ning summer house there.But then in the fall of 2013,Google X executive ForrestHayes, 51, was found dead on hisyacht. Heroin was in his system.An alleged Internet-sourced callgirl was on the run.Turns out having a head fortechnology doesn’t preclude hav-ing a dark side. Hayes’demise isthe focus of “Kiss of Death andthe Google Exec,” airing on CBS’48 Hours on Saturday at 10 p.m.ET/PT.“Hayes led a double life, buthe’s taking a lot of his secrets tohis grave,” says CBS reporterMaureen Maher, who filmed partof the show ’s segment aboard theexecutive’s lavish 46-foot yachtEscape. Maher notes that being aboardthe floating crime scene providedinsight into a man “who likednice things,” which included up-grading the captain’s chair withan $8,000 replacement “and hav-ing this posh place outfitted withdozens of HD -quality cameras.”Those cameras ultimately cap-tured the one-time automotivemarketing exec turned Googleemployee’s death after a night ofpartying with Alix Tichelman, 28,a tattooed, raven-haired, allegedcall girl who advertised her for-pay companionship via a websitecalled SeekingArrangement.com.Tichelman is currently await-ing trial in Santa Cruz, Calif.,where Hayes and his family lived.She stands accused of givingHayes his final lethal dose of her-oin and not calling for help whenhe became unresponsive.Hayes’ story intrigued Maherfrom the start. “Here’s a guy whohad everything, a wife, five chil-dren and a fantastic job. Whatcould you possibly want outsideof that?” she says. But trying to get at the bottomof Hayes’ other, murkier lifeproved di cult. “Not a singlefriend or family member wouldtalk to us,” Maher says.Maher says the segment fea-tures interviews with friends ofTichelman, whose alleged de-scent into the world of sex anddrugs was punctuated by the her-oin death of a former boyfriend inAtlanta. In that instance, shecalled 911 for help. “What reallytroubles prosecutors here is thatshe didn’t call 911 when Hayeswas clearly in trouble,” says Mah-er, adding that Tichelman wan-dered around the boat tidying upfor many minutes before leaving,all while her date was uncon-scious nearby. Google exec’s death fodder for ‘48 Hours’ Examines‘doublelife’ withdrugs andallegedescort Marco della Cava USA TODAY USA TODAYGoogle exec-utive ForrestHayes died in2013 on hisyacht aftertaking a fataldose of her-oin. APAlix Tichel-man, 28, isawaiting trialin SantaCruz, Calif. Opportunity Notice Heavy Construction Equipment with Related Accessories, Attachments and Supplies Opportunity Information Organization: National Joint Powers Alliance (NJPA), on behalf of Alberta Association of Municipal Districts and Counties Organization Address: Reference Number: AB-2015-00493 Solicitation Number: 2015-032515 Solicitation Type: Request for Proposal Posting (MM/dd/yyyy): 01/23/2015 12:00:00 PM Alberta Time Closing (MM/dd/yyyy): 03/25/2015 04:30:59 PM Alberta Time Last Update (MM/dd/yyyy): 01/23/2015 10:28:05 AM Alberta Time Agreement Type: AIT & NWPTA Region of Opportunity: Open Region of Delivery: Alberta Opportunity Type: Open & Competitive Commodity Codes: N3805K: Earth and Rock Hauling Trucks and Trailers N3805FB: Loaders, Scoop Type, Wheeled 4X4, One Cubic Yard or Larger N3805B: Excavator, Hydraulic, Crawler Mounted N3805C: Excavator, Hydraulic, Truck Mounted N3830K: Rippers, Tractor Mounting N3805L: Scrapers, Tractor N3825: Road Clearing and Cleaning Equipment N3805: Earthmoving and Excavating Equipment N3805FC: Loaders, Scoop Type, Wheeled 4X4, One Cubic Yard or Less N3805D: Graders, Road, Motorized 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. Expressing interest means that you will automatically receive an e-mail notification each time an amendment is made to the opportunity for which you have 'expressed an interest'. Response Submission: The National Joint Powers Alliance 202 - 12th Street NE Staples, MN 56479 USA Response Contact: Yahn, Johnathan Contracts and Compliance Officer 202 - 12th Street NE P.O. Box 219 Staples, Minnesota 56479 Tel: (218)895-4144 Email: RFP@njpacoop.org Response Specifics: All proposals must be physically delivered to the NJPA at the specified address. In the attached requested form (Section 4 E) and with all required hard copy documents and signature forms/pages as loose pages at the front of the Vendor's response. Opportunity Description: The National Joint Powers Alliance® (NJPA), on behalf of NJPA and its current and potential member agencies, which includes all governmental, higher education, K-12 education, not-for-profit, tribal government, and all other public agencies located in all fifty states, Canada, and internationally, issues this Request For Proposal (RFP) to result in a national contract solution for the procurement of #032515 HEAVY CONSTRUCTION EQUIPMENT WITH RELATED ACCESSORIES, ATTACHMENTS, AND SUPPLIES. Miranda Andersen Administrative Coordinator – Aggregated Business Services From: Ginger Line [mailto:Ginger.Line@njpacoop.org] Sent: Friday, January 23, 2015 9:06 AM To: Miranda Andersen Cc: Carolyn Boyle Subject: Ad placement Attached please find the RFP and Forms Package for our Heavy Construction RFP. Thank you. Ginger Line, CPPB Senior Procurement Contract Analyst phone 218-894-5483 email ginger.line@njpacoop.org 1 National Joint Powers Alliance® (herein NJPA) REQUEST FOR PROPOSAL (herein RFP) for the procurement of HEAVY CONSTRUCTION EQUIPMENT WITH RELATED ACCESSORIES, ATTACHMENTS, AND SUPPLIES RFP Opening MARCH 26, 2015 8:00 a.m. Central Time At the offices of the National Joint Powers Alliance® 202 12th Street Northeast, Staples, MN 56479 RFP #032515 The National Joint Powers Alliance® (NJPA), on behalf of NJPA and its current and potential member agencies, which includes all governmental, higher education, K-12 education, not-for-profit, tribal government, and all other public agencies located in all fifty states, Canada, and internationally, issues this Request For Proposal (RFP) to result in a national contract solution for the procurement of # 032515 HEAVY CONSTRUCTION EQUIPMENT WITH RELATED ACCESSORIES, ATTACHMENTS, AND SUPPLIES. Details of this RFP are available beginning JANUARY 23, 2015. Details may be obtained by letter of request to Jonathan Yahn, NJPA, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479, or by e-mail at RFP@njpacoop.org. Proposals will be received until MARCH 25, 2015 at 4:30 p.m. Central Time at the above address and opened MARCH 26, 2015 at 8:00 a.m. Central Time. RFP Timeline JANUARY 23, 2015 Publication of RFP in the print and online version of the Minneapolis Star Tribune, in the print and online version of the USA Today, in the print and online version of the Salt Lake News within the State of Utah, in the print and online version of the Daily Journal of Commerce within the State of Oregon (note: OR entities this pertains to: http://www.njpacoop.org/oregon-advertising), in the print and online version of The State within the State of South Carolina, the NJPA website, MERX, Noticetobidders.com, PublicPurchase.com, Biddingo, and Onvia. MARCH 4, 2015 Pre-Proposal Conference (the webcast/conference call. The 10:00 a.m. Central Time connection information will be sent to all inquirers two business days before the conference). MARCH 18, 2015 Deadline for RFP questions. MARCH 25, 2015 Deadline for Submission of Proposals. Late responses will be 4:30 p.m. Central Time returned unopened. MARCH 26, 2015 Public Opening of Proposals. 8:00 a.m. Central Time Direct questions regarding this RFP to: Jonathan Yahn at jonathan.yahn@njpacoop.org or (218)895-4144. 2 TABLE OF CONTENTS 1. DEFINITIONS A. Contract B. Currency C. Exclusive Vendor D. FOB E. Hub Partner F. Proposer G. Request for Proposal H. Sourced Goods I. Time J. Total Cost of Acquisition K. Vendor 2. ADVERTISEMENT OF RFP\ 3. INTRODUCTION A. About NJPA B. Joint Exercise of Powers Laws C. Why Respond to a National Cooperative Procurement Contract D. The Intent of This RFP E. Scope of This RFP F. Expectations for Equipment/Products and Services Being Proposed G. Solutions Based Solicitation 4. INSTRUCTIONS FOR PREPARING YOUR PROPOSAL A. Inquiry Period B. Pre-Proposal Conference C. Identification of Key Personnel D. Proposer’s Exceptions to Terms and Conditions E. Proposal Format F. Questions & Answers About This RFP G. Modification or Withdrawal of a Submitted Proposal H. Proposal Opening Procedure I. NJPA’s Rights Reserved 5. PRICING A. Line-Item Pricing B. Percentage Discount From Catalog or Category C. Cost Plus a Percentage of Cost D. Hot List Pricing E. Ceiling Price F. Volume Price Discounts/ Additional Quantities G. Total Cost of Acquisition H. Sourced Equipment/Products/ Open Market Items I. Price and Product Changes J. Payment Terms K. Sales Tax L. Shipping Requesting Pricing Changes 6. EVALUATION OF PROPOSALS A. Proposal Evaluation Process B. Proposer Responsiveness C. Proposal Evaluation Criteria D. Other Consideration E. Cost Comparison F. Marketing Plan G. Certificate Of Insurance H. Order Process and/or Funds Flow I. Administrative Fees J. Value Added K. Waiver of Formalities 7. POST AWARD OPERATING ISSUES A. Subsequent Agreements B. NJPA Member Sign-up Procedure C. Reporting of Sales Activity D. Audits E. Hub Partner F. Trade-Ins G. Out of Stock Notification H. Termination of a Contract resulting from this RFP 8. GENERAL TERMS AND CONDIITONS A. Advertising a Contract Resulting From This RFP B. Applicable Law C. Assignment of Contract D. List of Proposers E. Captions, Headings, and Illustrations F. Data Practices G. Entire Agreement H. Force Majeure I. Gratuities J. Hazardous Substances K. Licenses L. Material Suppliers and Sub-Contractors M. Non-Wavier of Rights N. Protests of Awards Made O. Suspension or Disbarment Status P. Affirmative Action and Immigration Status Certification Q. Severability R. Relationship of Parties 9. FORMS 10. PRE-SUBMISSION CHECKLIST 11. PRICE & PRODUCT CHANGE REQUEST FORM 12. APPENDIX A 3 1 DEFINITIONS A. CONTRACT “Contract” as used herein shall consist of: this RFP, pricing, fully executed forms C, D, F & P from the Proposer’s response pursuant to this RFP, and a fully executed form E (“Acceptance and Award”) with final terms and conditions. Form E will be executed on or after award and will provide final clarification of terms and conditions of the award. B. CURRENCY All transactions are payable in U.S. dollars on U.S. sales. All administrative fees are to be paid in U.S. dollars. C. EXCLUSIVE VENDOR A sole Vendor awarded in a product category. NJPA reserves the right to award to an Exclusive Vendor in the event that such an award is in the best interests of NJPA Members nationally. A Proposer that exhibits and demonstrates the ability to offer and execute an outstanding overall program, demonstrates the ability and willingness to serve NJPA current and qualifying Members in all 50 states and comply with all other requirements of this RFP, is preferred. D. FOB FOB stands for “Freight On Board” and defines the point at which responsibility for loss and damage of product/equipment purchased is transferred from Seller to Buyer. “FOB Destination” defines that transfer of responsibility for loss is transferred from Seller to Buyer at the Buyer’s designated delivery point. FOB does not identify who is responsible for the costs of shipping. The responsibility for the costs of shipping is addressed elsewhere in this document. E. HUB PARTNER An organization that a member requests to be served through with an Awarded Vendor for the purposes of complying with a Law, Regulation, or Rule to which that individual NJPA Member deems to be applicable in their jurisdiction. F. PROPOSER A company, person, or entity delivering a timely response to this RFP. G. REQUEST FOR PROPOSAL Herein referred to as RFP. H. SOURCED GOODS A Sourced Good or Open Market Item is a product within the RFP’s scope - generally deemed incidental to the total transaction or purchase of contract items - which a member wants to buy under contract from an Awarded Vendor that is not currently available under the Vendor’s NJPA contract. I. TIME Periods of time, stated as number of days, shall be in calendar days. J. TOTAL COST OF ACQUISITION The Total Cost of Acquisition for the equipment/products and related services being proposed is the cost of the proposed equipment/products and related services delivered and operational for its intended purpose in the end-user’s location. K. VENDOR A Proposer whose response has been awarded a contract pursuant to this RFP. 4 2 ADVERTISEMENT OF RFP 2.1 NJPA shall advertise this solicitation: 1) for two consecutive weeks in both the hard copy print and on- line editions of the MINNEAPOLIS STAR TRIBUNE; 2) once each in Oregon’s Daily Journal of Commerce, South Carolina’s The State and Utah’s Salt Lake Tribune; 3) on NJPA’s website; 4) in the hard copy print and online editions of the USA Today; and 5) on other third-party websites deemed appropriate by NJPA. Other third party advertisers may include Onvia, PublicPurchase.com, MERX and Biddingo. 2.2 NJPA also notifies and provides solicitation documentation to each State level procurement departments for possible re-posting of the solicitation within their systems and at their option for future use and to meet specific state requirements. 3 INTRODUCTION A. ABOUT NJPA 3.1 The National Joint Powers Alliance® (NJPA) is a public agency serving as a national municipal contracting agency established under the Service Cooperative statute by Minnesota Legislative Statute §123A.21 with the authority to develop and offer, among other services, cooperative procurement services to its membership. Eligible membership and participation includes states, cities, counties, all government agencies, both public and non-public educational agencies, colleges, universities and non-profit organizations. 3.2 Under the authority of Minnesota state laws and enabling legislation, NJPA facilitates a competitive bidding and contracting process on behalf of the needs of itself and the needs of current and potential member agencies nationally. This process results in national procurement contracts with various Vendors of products/equipment and services which NJPA Member agencies desire to procure. These procurement contracts are created in compliance with applicable Minnesota Municipal Contracting Laws. A complete listing of NJPA cooperative procurement contracts can be found at www.njpacoop.org. 3.3 NJPA is a public agency governed by publicly elected officials that serve as the NJPA Board of Directors. NJPA’s Board of Directors calls for all proposals, awards all Contracts, and hosts those resulting Contracts for the benefit of its own and its Members use. 3.3.1 Subject to Approval of the NJPA Board: NJPA contracts are awarded by the action of NJPA Board of Directors. This action is based on the open and competitive bidding process facilitated by NJPA. The evaluation and resulting recommendation is presented to the Board of Directors by the NJPA Proposal Evaluation Committee. 3.4 NJPA currently serves over 50,000 member agencies nationally. Both membership and utilization of NJPA contracts continue to expand, due in part to the increasing acceptance of Cooperative Purchasing throughout the government and education communities nationally. B. JOINT EXERCISE OF POWERS LAWS 3.5 NJPA cooperatively shares those contracts with its Members nationwide through various Joint Exercise of Powers Laws or Cooperative Purchasing Statutes established in Minnesota, other States and Canadian Provinces. The Minnesota Joint Exercise of Powers Law is Minnesota Statute §471.59 which states “Two or more governmental units…may jointly or cooperatively exercise any power common to the contracting parties…” This Minnesota Statute allows NJPA to serve Member agencies located in all other states. Municipal agencies nationally have the ability to participate in cooperative purchasing activities as a result of specific laws of their own state. These laws can be found on our website at http://www.njpacoop.org/national-cooperative-contract-solutions/legal-authority/. 5 C. WHY RESPOND TO A NATIONAL COOPERATIVE PROCUREMENT CONTRACT 3.6 National Cooperative Procurement Contracts create value for Municipal and Public Agencies, as well as for Vendors of products/equipment and services in a variety of ways: 3.6.1 National cooperative contracts potentially save the time and effort of Municipal and Public Agencies who would have been otherwise charged with soliciting vendor responses to individual RFP’s, resulting in individual contracts, to meet the procurement needs of their respective agencies. Considerable time and effort is also potentially saved by the Vendors who would have had to otherwise respond to each of those individual RFPs. A single, nationally advertised RFP, resulting in a single, national cooperative contract can potentially replace thousands of individual RFPs for the same equipment/products/services that might have been otherwise advertised by individual NJPA member agencies. 3.6.2 NJPA contracts offer our Members nationally leveraged volume purchasing discounts. Our contract terms and conditions offer the opportunity for Vendors to recognize individual member procurement volume commitment through additional volume based contract discounts. 3.7 State laws that permit or encourage cooperative purchasing contracts do so with the belief that cooperative efficiencies will result in lower prices, better overall value, and considerable time savings. 3.8 The collective purchasing power of thousands of NJPA Member agencies nationwide offers the opportunity for volume pricing discounts. Although no sales or sales volume is guaranteed by an NJPA Contract resulting from this RFP, substantial volume is anticipated and volume pricing is requested and justified. 3.9 NJPA and its Members desire the best value for their procurement dollar as well as a competitive price. Vendors have the opportunity to display and highlight value added attributes of their company, equipment/products and services without constraints of a typical individual proposal process. D. THE INTENT OF THIS RFP 3.10. National contract awarded by the NJPA Board of Directors: NJPA seeks the most responsive and responsible Vendor relationship(s) to reflect the best interests of NJPA and its Member agencies. Through a competitive proposal and evaluation process, the NJPA Proposal Evaluation Committee reviews and recommends vendors for to award a national contract by the action of the NJPA Board of Directors. NJPA’s primary intent is to establish and provide a national cooperative procurement contract which offer opportunities for NJPA and our Member agencies to procure quality product/equipment and services as desired and needed. The contracts will be marketed nationally through a cooperative effort between the awarded vendor(s) and NJPA. Contracts are expected to offer price levels reflective of the potential and collective volume of NJPA and the nationally established NJPA membership base. 3.11 Beyond our primary intent, NJPA further desires to: 3.11.1 Award a four year term contract with a fifth year contract option resulting from this RFP; 3.11.2 Offer and apply any applicable technological advances throughout the term of a contract resulting from this RFP 3.11.3 Deliver “Value Added” aspects of the company, equipment/products and services as defined in the “Proposer’s Response”; 6 3.11.4 Deliver wide spectrums of solutions to meet the needs and requirement of NJPA and NJPA Member agencies. 3.11.5 Award an exclusive contract to the most responsive and responsible vendor when it is deemed to be in the best interest of NJPA and the NJPA Member agencies 3.12 Exclusive or Multiple Awards: Based on the goals and scope of this RFP, NJPA is requesting responders to demonstrate their ability to serve the needs of NJPA’s national membership. It is NJPA’s intent and desire to award a contract to a single exclusive Vendor to serve our membership’s needs. To meet the goals of this RFP, NJPA reserves the right to award a Contract to multiple Proposers where the result justifies a multiple award and multiple contracts are deemed to be in the best interests of NJPA Member agencies. 3.13 Non-Manufacturer Awards: NJPA reserves the right to make an award related to this invitation to a non-manufacturer or dealer/distributor if such action is in the best interests of NJPA and its Members. 3.14 Manufacturer as a Proposer: If the Proposer is a Manufacturer or wholesale distributor, the response received will be evaluated on the basis of a response made in conjunction with that Manufacturer’s authorized Dealer Network. Unless stated otherwise, a Manufacturer or wholesale distributor Proposer is assumed to have a documented relationship with their Dealer Network where that Dealer Network is informed of, and authorized to accept, purchase orders pursuant to any Contract resulting from this RFP on behalf of the Manufacturer or wholesale distributor Proposer. Any such dealer will be considered a sub- contractor of the Proposer/Vendor. The relationship between the Manufacturer and wholesale distributor Proposer and its Dealer Network may be proposed at the time of the proposed submission if that fact is properly identified. 3.15 Dealer/Re-seller as a Proposer: If the Proposer is a dealer or re-seller of the products and/or services being proposed, the response will be evaluated based on the Proposer’s authorization to provide those products and services from their manufacturer. Where appropriate, Proposers must document their authority to offer those products and/or services. E. SCOPE OF THIS RFP 3.16 Scope: The scope of this RFP is to award a contract to a qualifying vendor defined as a manufacturer, provider, or dealer/distributor, established as a Proposer, and deemed responsive and responsible through our open and competitive proposal process. Vendors will be awarded contracts based on the proposal and responders demonstrated ability to meet the expectations of the RFP and demonstrate the overall highest valued solutions which meet and/or exceed the current and future needs and requirements of NJPA and its Member agencies nationally within the scope of HEAVY CONSTRUCTION EQUIPMENT WITH RELATED ACCESSORIES, ATTACHMENTS, AND SUPPLIES . 3.17 Additional Scope Definitions: For purposes of the scope of this solicitation: 3.17.1 In addition to HEAVY CONSTRUCTION EQUIPMENT WITH RELATED ACCESSORIES, ATTACHMENTS, AND SUPPLIES, this solicitation should be read to include, but not to be limited to: 3.17.1.1 Wheel or track loaders, motor graders, excavators, bull dozers, compactors, scrapers, vocational trucks, articulated trucks, cranes, paving machines, screeds, pavement milling machines, and rollers. 7 3.17.2 NJPA reserves the right to limit the scope of this solicitation for NJPA and current and potential NJPA member agencies. 3.17.2.1 Respondents must meet at least ONE of the following three requirements (A through C) to be considered within the scope of this solicitation. A) The response must include at least one of EACH of the following: a wheeled or track loader with published net horsepower in excess of 300 H.P., an excavator with published operating weight in excess of 60,000 lbs., or a motor grader with published operating weight in excess of 35,000 lbs. B) The response must include at least one crane with a published maximum lifting capacity exceeding 300 tons and a published maximum boom length exceeding 150 feet. C) The response must include at least one of EACH of the following: a paver, a pavement milling machine, or a screed. For purposes of this Section 3.17.2.1, the term “published” means that the information is readily available through the respondent’s printed literature or website and that the respondent has verified the accuracy the information. 3.18 Overlap of Scope: When considering equipment/products/services, or groups of equipment/ products/services submitted as a part of your response, and whether inclusion of such will fall within a “Scope of Proposal,” please consider the validity of an inverse statement. 3.18.1 For example, pencils and post-it-notes can generally be classified as office supplies and office supplies generally include pencils and post-it-notes. 3.18.2 In contrast, computers (PCs and peripherals) can generally be considered office supplies; however, the scope of office supplies does not generally include computer servers and infrastructure. 3.18.3 In conclusion: With this in mind, individual products and services must be examined individually by NJPA, from time to time and in its sole discretion, to determine their compliance and fall within the original “Scope” as intended by NJPA. 3.19 Best and Most Responsive – Responsible Proposer: It is the intent of NJPA to award a Contract to the best and most responsible and responsive Proposer(s) offering the best overall quality and selection of equipment/products and services meeting the commonly requested specifications of the NJPA and NJPA Members, provided the Proposer’s Response has been submitted in accordance with the requirements of this RFP. Qualifying Proposers who are able to anticipate the current and future needs and requirements of NJPA and NJPA member agencies; demonstrate the knowledge of any and all applicable industry standards, laws and regulations; and possess the willingness and ability to distribute, market to and service NJPA Members in all 50 states are preferred. NJPA requests proposers submit their entire product line as it applies and relates to the scope of this RFP. 3.20 Sealed Proposals: NJPA will receive sealed proposal responses to this RFP in accordance with accepted standards set forth in the Minnesota Procurement Code and Uniform Municipal Contracting Law. Awards may be made to responsible and responsive Proposers whose proposals are determined in writing to be the most advantageous to NJPA and its current or qualifying future NJPA Member agencies. 3.21 Use of Contract: Any Contract resulting from this solicitation shall be awarded with the understanding that it is for the sole convenience of NJPA and its Members. NJPA and/or its members reserve the right to 8 obtain like equipment/products and services solely from this contract or from another contract source of their choice or from a contract resulting from their own procurement process. 3.22 Awarded Vendor’s interest in a contract resulting from this RFP: Awarded Vendors will be able to offer to NJPA, and current and potential NJPA Members, only those products/equipment and services specifically awarded on their NJPA Awarded Contract(s). Awarded Vendors may not offer as “contract compliant,” products/equipment and services which are not specifically identified and priced in their NJPA Awarded Contract. 3.23 Sole Source of Responsibility- NJPA desires a “Sole Source of Responsibility” Vendor. This means the Vendor will take sole responsibility for the performance of delivered equipment/products/ services. NJPA also desires sole responsibility with regard to: 3.23.1 Scope of Equipment/Products/Services: NJPA desires a provider for the broadest possible scope of products/equipment and services being proposed over the largest possible geographic area and to the largest possible cross-section of NJPA current and potential Members. 3.23.2 Vendor use of sub-contractors in sourcing or delivering equipment/product/services: NJPA desires a single source of responsibility for equipment/products and services proposed. Proposers are assumed to have sub-contractor relationships with all organizations and individuals whom are external to the Proposer and are involved in providing or delivering the equipment/products/services being proposed. Vendor assumes all responsibility for the equipment/products/services and actions of any such Sub- Contractor. Suggested Solutions Options include: 3.24.1 Multiple solutions to the needs of NJPA and NJPA Members are possible. Examples could include: 3.24.1.1 Equipment/Products Only Solution: Equipment/Products Only Solution may be appropriate for situations where NJPA or NJPA Members possess the ability, either in- house or through local third party contractors, to properly install and bring to operation those equipment/products being proposed. 3.24.1.2 Turn-Key Solutions: A Turn-Key Solution is a combination of equipment/products and services which provides a single price for equipment/products, delivery, and installation to a properly operating status. Generally this is the most desirable solution as NJPA and NJPA Members may not possess, or desire to engage, personnel with the necessary expertise to complete these tasks internally or through other independent contractors 3.24.1.3 Good, Better, Best: Where appropriate and properly identified, Proposers are invited to offer the CHOICE of good – better – best multiple grade solutions to NJPA and NJPA Members’ needs. 3.24.1.4 Proven – Accepted – Leading Edge Technology: Where appropriate and properly identified, Proposers are invited to provide an appropriate identified spectrum of technology solutions to compliment or enhance the functionality of the proposed solutions to NJPA and NJPA Members’ needs both now and into the future. 3.24.2 If applicable, Contracts will be awarded to Proposer(s) able to deliver a proposal meeting the entire needs of NJPA and its Members within the scope of this RFP. NJPA prefers Proposers submit their complete product line of products and services described in the scope of this RFP. NJPA reserves the right to reject individual, or groupings of specific equipment/products and services proposals as a part of the award. 9 3.25 Geographic Area to be Proposed: This RFP invites proposals to provide HEAVY CONSTRUCTION EQUIPMENT WITH RELATED ACCESSORIES, ATTACHMENTS, AND SUPPLIES to NJPA and NJPA Members throughout the entire United States and possibly internationally. Proposers will be expected to express willingness to explore service to NJPA Members located abroad; however the lack of ability to serve Members outside of the United States will not be cause for non-award. The ability and willingness to serve Canada, for instance, will be viewed as a value-added attribute. 3.26 Contract Term: At NJPA’s option a contract resulting from this RFP will become effective either the date awarded by the NJPA Board of Directors or the day following the expiration date of an existing NJPA procurement contract for the same or similar product/equipment and services. 3.26.1 NJPA is seeking a Contract base term of four years as allowed by Minnesota Contracting Law. Full term is expected. However, one additional one-year renewal/extension may be offered by NJPA to Vendor beyond the original four year term if NJPA deems such action to be in the best interests of NJPA and its Members. NJPA reserves the right to conduct periodic business reviews throughout the term of the contract. 3.27 Minimum Contract Value: NJPA anticipates considerable activity resulting from this RFP and subsequent award; however, no commitment of any kind is made concerning actual quantities to be acquired. NJPA does not guarantee usage. Usage will depend on the actual needs of the NJPA Members and the value of the awarded contract. 3.28 Estimated Contract Volume: Estimated quantities and sales volume are based on potential usage by NJPA and NJPA Member agencies nationally. 3.29 Contract Availability: This Contract must be available to all current and potential NJPA Members who choose to utilize this NJPA Contract to include all governmental and public agencies, public and private primary and secondary education agencies, and all non-profit organizations nationally. 3.30 Proposer’s Commitment Period: In order to allow NJPA the opportunity to evaluate each proposal thoroughly, NJPA requires any response to this solicitation be valid and irrevocable for ninety (90) days after the date proposals were opened regarding this RFP. F. EXPECTATIONS FOR EQUIPMENT/PRODUCTS AND SERVICES BEING PROPOSED 3.31 Industry Standards: Except as contained herein, the specifications or solutions for this RFP shall be those accepted guidelines set forth by the HEAVY CONSTRUCTION EQUIPMENT WITH RELATED ACCESSORIES, ATTACHMENTS, AND SUPPLIES industry, as they are generally understood and accepted within that industry across the nation. Submitted products/equipment, related services, and their warranties and assurances are required to meet and/or exceed all current, traditional and anticipated needs and requirements of NJPA and its Members. 3.31.1 Deviations from industry standards must be identified by the Proposer and explained how, in their opinion, the equipment/products and services they propose will render equivalent functionality, coverage, performance, and/or related services. Failure to detail all such deviations may comprise sufficient grounds for rejection of the entire proposal. 3.31.2 Technical Descriptions/Specifications. Excessive technical descriptions and specifications which, in the opinion of NJPA unduly enlarge the proposal response may reduce evaluation points awarded on Form G. Proposers must supply sufficient information to: 3.31.2.1 demonstrate the Proposer’s knowledge of industry standards; 3.31.2.2 identify the equipment/products and services being proposed; and 10 3.31.2.3 differentiate equipment/products and services from others. 3.32 New Current Model Equipment/Products: Proposals submitted shall be for new, current model equipment/products and services with the exception of certain close-out products allowed to be offered on the Proposer’s “Hot List” described herein. 3.33 Compliance with laws and standards: All items supplied on this Contract shall comply with any current applicable safety or regulatory standards or codes. 3.34 Delivered and operational: Products/equipment offered herein are to be proposed based upon being delivered and operational at the NJPA Member’s site. Exceptions to “delivered and operational” must be explicitly disclosed in the “Total Cost of Acquisition” section of your proposal response. 3.35 Warranty: The Proposer warrants that all products, equipment, supplies, and services delivered under this Contract shall be covered by the industry standard or better warranty. All products and equipment should carry a minimum industry standard manufacturer’s warranty that includes materials and labor. The Proposer has the primary responsibility to submit product specific warranty as required and accepted by industry standards. Dealer/Distributors agree to assist the purchaser in reaching a solution in a dispute over warranty’s terms with the manufacturer. Any manufacturer’s warranty which is effective past the expiration of the warranty will be passed on to the NJPA member. Failure to submit a minimum warranty may result in non-award. 3.36 Additional Warrants: The Proposer warrants all products/equipment and related services furnished hereunder will be free from liens and encumbrances; defects in design, materials, and workmanship; and will conform in all respects to the terms of this RFP including any specifications or standards. In addition, Proposer/Vendor warrants the products/equipment and related services are suitable for and will perform in accordance with the ordinary use for which they are intended. G. SOLUTIONS BASED SOLICITATION 3.37 NJPA solicitations and contract process will not offer specific specifications for proposers to meet or base your response on. This RFP is a “Solutions Based Solicitation.” This means the proposers are asked to understand and anticipate the current and future needs of NJPA and the nationally located NJPA membership base, within the scope of this RFP, and including specifications commonly desired or required by law or industry standards. Your proposal will be evaluated in part on your demonstrated ability to meet or exceed the needs and requirements of NJPA and our member agencies within the defined scope of this RFP. 3.38 NJPA does not typically provide product and service specifications; rather NJPA is requesting an industry standard or accepted specification for the requested product/equipment and services. Where specific line items are specified, those line items should be considered the minimum which can be expanded by the Proposer to deliver the Proposer’s “Solution” to NJPA and NJPA Members’ needs. 4 INSTRUCTIONS FOR PREPARING YOUR PROPOSAL A. INQUIRY PERIOD 4.1 The inquiry period shall begin at the date of first advertisement and continue to the “Deadline for Requests.” RFP packages shall be distributed to Potential Bidders during the inquiry period. The purpose for the defined “Inquiry Period” is to ensure proposers have enough time to complete and deliver the proposal to our office. B. PRE-PROPOSAL CONFERENCE 11 4.2 A non-mandatory pre-proposal conference will be held at the date and time specified in the time line on page one of this RFP. Conference call and web connection information will be sent to all Potential Proposers through the same means employed in their inquiry. The purpose of this conference call is to allow Potential Proposers to ask questions regarding this RFP and hear answers to their own questions and the questions of other Potential Proposers. Only answers issued in writing by NJPA to questions asked before or during the Pre-proposal Conference shall be considered binding. C. IDENTIFICATION OF KEY PERSONNEL 4.3 Vendor will designate one senior staff individual who will represent the awarded Vendor to NJPA. This contact person will correspond with members for technical assistance, questions or problems that may arise including instructions regarding different contacts for different geographical areas as needed. 4.4 Individuals should also be identified (if applicable) as the primary contacts for the contents of this proposal, marketing, sales, and any other area deemed essential by the Proposer. D. PROPOSER’S EXCEPTIONS TO TERMS AND CONDITIONS 4.5 Any exceptions, deviations, or contingencies a Proposer may have to the terms and conditions contained herein must be documented on Form C. 4.6 Exceptions, deviations or contingencies stipulated in Proposer’s Response, while possibly necessary in the view of the Proposer, may result in disqualification of a Proposal Response. E. PROPOSAL FORMAT 4.7 It is the responsibility of all Proposers to examine the entire RFP package, to seek clarification of any item or requirement that may not be clear and to check all responses for accuracy before submitting a Proposal. Negligence in preparing a Proposal confers no right of withdrawal after the deadline for submission of proposals. 4.8 All proposals must be properly labeled and sent to “The National Joint Powers Alliance®, 202 12th ST NE Staples, MN 56479.” 4.9 Format for proposal response: All proposals must be physically delivered to NJPA at the above address in the following form and with all required hard copy documents and signature forms/pages inserted as loose pages at the front of the Vendor’s response: 4.9.1 Hard copy original signed, completed, and dated forms C, D, F and hard copy signed signature page only from forms A and P from this RFP; 4.9.2 Hard copies of all addenda issued for the RFP with original counter signed by the Proposer; 4.9.3 Hardy copy of Certificate of Insurance verifying the coverage identified in this RFP; and 4.9.4 A complete copy of your response on a CD (Compact Disc) or flash drive. The copy shall contain completed Forms A, B, C, D, F & P, your statement of products and pricing (including apparent discount) together with all appropriate attachments. Everything you send with your hard copy should also be included in the electronic copy. As a public agency, NJPA proposals, responses and awarded contracts are a matter of public record, except for that data included in the proposals, responses and awarded contracts that is classified as nonpublic; thus, pursuant to statute, NJPA policies and RFP terms and conditions, all documentation, except for that data which is nonpublic is available for review by the public through a public records request. If you wish to request that 12 certain information that falls within Minnesota Statute §13.37 be redacted, such request must be made within thirty-days of award/non-award. 4.10 All Proposal forms must be submitted in English and be legible. All appropriate forms must be executed by an authorized signatory of the Proposer. Blue ink is preferred for signatures. 4.11 Proposal submissions should be submitted using the electronic forms provided. If a Proposer chooses to use alternative documents for their response, the Proposer will be responsible for ensuring the content is effectively equal to the NJPA form and the document is in a format readable by NJPA. 4.12 It is the responsibility of the Proposer to be certain the proposal submittal is in the physical possession of NJPA on or prior to the deadline for submission of proposals. 4.12.1 Proposals must be submitted in a sealed envelope or box properly addressed to NJPA and prominently identifying the proposal number, proposal category name, the message “Hold for Proposal Opening”, and the deadline for proposal submission. NJPA cannot be responsible for late receipt of proposals. Proposals received by the correct deadline for proposal submission will be opened and the name of each Proposer and other appropriate information will be publicly read. 4.13 Corrections, erasures, and interlineations on a Proposer’s Response must be initialed by the authorized signer in original ink on all copies to be considered. 4.14 Addendums to the RFP: The Proposer is responsible for ensuring receipt of all addendums to this RFP. 4.14.1 Proposer’s are responsible for checking directly with the NJPA website for addendums to this RFP. 4.14.2 Addendums to this RFP can change terms and conditions of the RFP including the deadline for submission of proposals. F. QUESTIONS AND ANSWERS ABOUT THIS RFP 4.15 Upon examination of this RFP document, Proposer shall promptly notify NJPA of any ambiguity, inconsistency, or error they may discover. Interpretations, corrections and changes to this RFP will be made by NJPA through addendum. Interpretations, corrections, or changes made in any other manner will not be binding and Proposer shall not rely upon such. 4.16 Submit all questions about this RFP, in writing, referencing HEAVY CONSTRUCTION EQUIPMENT WITH RELATED ACCESSORIES, ATTACHMENTS, AND SUPPLIES to Jonathan Yahn, NJPA 202 12th Street NE, Staples, MN 56479 or RFP@njpacoop.org. Those not having access to the Internet may call Jonathan Yahn at (218) 895-4144. Requests for additional information or interpretation of instructions to Proposers or technical specifications shall also be addressed to Jonathan Yahn. NJPA urges Potential Proposers to communicate all concerns well in advance of the deadline to avoid misunderstandings. Questions received less than seven (7) days ending at 4:00 p.m. Central Time of the seventh (7th) calendar day prior to proposal due-date cannot be answered; however, communications permitted include: NJPA issued addenda or potential Vendor withdrawal of their response prior to RFP submission deadline. 4.17 If the answer to a question is deemed by NJPA to have a material impact on other potential proposers or the RFP itself, the answer to the question will become an addendum to this RFP. 4.18 If the answer to a question is deemed by NJPA to be a clarification of existing terms and conditions and does not have a material impact on other potential proposers or the RFP itself, no further documentation of that question is required. 13 4.19 As used in this solicitation, clarification means communication with a Potential Proposer for the sole purpose of eliminating minor irregularities, informalities, or apparent clerical mistakes in the RFP. 4.20 Addenda are written instruments issued by NJPA that modify or interpret the RFP. All addenda issued by NJPA shall become a part of the RFP. Addenda will be delivered to all Potential Proposers using the same method of delivery of the original RFP material. NJPA accepts no liability in connection with the delivery of said materials. Copies of addenda will also be made available on the NJPA website at www.njpacoop.org by clicking on “Current and Pending Solicitations” and from the NJPA offices. No questions will be accepted by NJPA later than seven (7) days prior to the deadline for receipt of proposals, except Each Potential Proposer shall ascertain prior to submitting a Proposal that it has received all addenda issued, and the Proposer shall acknowledge their receipt in its Proposal Response. 4.21 An amendment to a submitted proposal must be in writing and delivered to NJPA no later than the time specified for opening of all proposals. G. MODIFICATION OR WITHDRAWAL OF A SUBMITTED PROPOSAL 4.22 A submitted proposal may not be modified, withdrawn or cancelled by the Proposer for a period of ninety (90) days following the date proposals were opened. Prior to the deadline for submission of proposals, any proposal submitted may be modified or withdrawn by notice to the NJPA Contracts and Compliance Manager. Such notice shall be submitted in writing and include the signature of the Proposer and shall be delivered to NJPA prior to the deadline for submission of proposals and it shall be so worded as not to reveal the content of the original proposal. However, the original proposal shall not be physically returned to the Potential Proposer until after the official proposal opening. Withdrawn proposals may be resubmitted up to the time designated for the receipt of the proposals if they are then fully in conformance with the Instructions to Proposer. 4.23 Examples of Value Added Attributes: Value-Added attributes, products and services are items offered in addition to the products and services being proposed which adds value to those items being proposed. The availability of a contract for maintenance or service after the initial sale, installation, and set-up may, for instance, be “Value Added Services” for products where a typical buyer may not have the ability to perform these functions. The opportunity to indicate value added dimensions and such advancements will be available in the Proposer’s Questionnaire and Proposer’s product and service submittal. 4.24 Value added equipment/products and services and expanded services, as they relate to this RFP, will be given positive consideration in the award selection. Consideration will be given to an expanded selection of HEAVY CONSTRUCTION EQUIPMENT WITH RELATED ACCESSORIES, ATTACHMENTS, AND SUPPLIES and advances to provide equipment/products/services or supplies meeting and/or exceeding today’s industry standards and expectations. A value add would include a program or service that further serves the members needs above and possibly beyond standard expectation and complements the equipment/products/services and training. Value added could include areas of equipment, product and service, sales, ordering, delivery, performance, maintenance, technology, and service that furthers the functionality and effectiveness of the procurement process while remaining within the scope of this RFP. 4.25 Minority, Small Business, and Women Business Enterprise (WMBE) participation: It is the policy of some NJPA Members to involve Minority, Small Business, and WMBE contractors in the process to purchase equipment/products and related services. Vendors should document WMBE status for their organization AND any such status of their affiliates (i.e. Supplier networks) involved in carrying out the activities invited. The ability of a Proposer to provide “Credits” to NJPA and NJPA Members in these subject areas, either individually or through related entities involved in the transaction, will be evaluated positively by NJPA and reflected in the “value added” area of the evaluation. NJPA is committed to facilitating the realization of such “Credits” through certain structuring techniques for transactions resulting from this RFP. 14 4.26 Environmentally Preferred Purchasing Opportunities: There is a growing trend among NJPA Members to consider the environmental impact of the equipment/products and related services they purchase. “Green” characteristics demonstrated by responding companies will be evaluated positively by NJPA and reflected in the “value added” area of the evaluation. Please identify any Green characteristics of the equipment/products and related services in your proposal and identify the sanctioning body determining that characteristic. Where appropriate, please indicate which products have been certified as “green” and by which certifying agency. 4.27 On-Line Requisitioning systems: When applicable, on-line requisitioning systems will be viewed as a value-added characteristic. Proposer shall include documentation about user interfaces that make on-line ordering easy for NJPA Members as well as the ability to punch-out from mainstream e-Procurement or Enterprise Resource Planning (ERP) systems that NJPA Members may currently utilize. 4.28 Financing: The ability of the Proposer to provide financing options for the products and services being proposed will be viewed as a Value Added Attribute. H. PROPOSAL OPENING PROCEDURE 4.29 Sealed and properly identified Proposer’s Responses for this RFP entitled HEAVY CONSTRUCTION EQUIPMENT WITH RELATED ACCESSORIES, ATTACHMENTS, AND SUPPLIES will be received by Jonathan Yahn, Contracts and Compliance Manager, at NJPA Offices, 202 12th Street NE, Staples, MN 56479 until the deadline for receipt of, and proposal opening identified on page one of this RFP. We document the receipt by using an atomic clock; an NJPA employee electronically time and date stamps all Proposals immediately upon receipt. The NJPA Director of Contracts and Marketing, or Representative from the NJPA Proposal Evaluation Committee, will then read the Proposer’s names aloud. A summary of the responses to this RFP will be made available for public inspection in the NJPA office in Staples, MN. A letter or e-mail request is required to receive a complete RFP package. Send or communicate all requests to the attention of Jonathan Yahn 202 12th Street Northeast Staples, MN 56479 or RFP@njpacoop.org to receive a complete copy of this RFP. Method of delivery needs to be indicated in the request; an email address is required for electronic transmission. Oral, facsimile, telephone or telegraphic Proposal Submissions or requests for this RFP are invalid and will not receive consideration. All Proposal Responses must be submitted in a sealed package. The outside of the package shall plainly identify HEAVY CONSTRUCTION EQUIPMENT WITH RELATED ACCESSORIES, ATTACHMENTS, AND SUPPLIES. To avoid premature opening, it is the responsibility of the Proposer to label the Proposal Response properly. I. NJPA’S RIGHTS RESERVED 4.30.1 Reject any and all Proposals received in response to this RFP; 4.30.2 Disqualify any Proposer whose conduct or Proposal fails to conform to the requirements of this RFP; 4.30.3 Have unlimited rights to duplicate all materials submitted for purposes of RFP evaluation, and duplicate all public information in response to data requests regarding the Proposal; 4.30.4 Consider a late modification of a Proposal if the Proposal itself was submitted on time and if the modifications were requested by NJPA and the modifications make the terms of the Proposal more favorable to NJPA, and accept such Proposal as modified; 4.30.5 At its sole discretion, reserve the right to waive any non-material deviations from the requirements and procedures of this RFP; 4.30.6 Extend the Contract, in increments determined by NJPA, not to exceed a total contract term of five years; and 15 4.30.7 Cancel the Request for Proposal at any time and for any reason with no cost or penalty to NJPA. 4.30.8 Correct or amend the RFP at any time with no cost or penalty to NJPA. If NJPA should correct or amend any segment of the RFP after submission of Proposals and prior to announcement of the Awarded Vendor, all Proposers will be afforded ample opportunity to revise their Proposal to accommodate the RFP amendment and the dates for submission of revised Proposals announced at that time. NJPA will not be liable for any errors in the RFP or other responses related to the RFP. 4.30.9 Extend proposal due dates. 5 PRICING 5.1 NJPA requests Potential Proposers respond to this RFP only if they are able to offer a wide array of equipment/products and services and at prices lower and better value than what they would ordinarily offer to single government agency, larger school district, or regional cooperative. 5.2 RFP is an Indefinite Quantity Equipment/Products and Related Service Price and Program Request with potential national sales distribution and service. If Proposer’s solution requires additional supporting documentation, describe where it can be found in your submission. If Proposer offers the solution in an alternative fashion, describe your solution to be easily understood. All pricing must be copied on a CD or thumb drive along with other requested information as a part of a Proposer’s Response. 5.3 Regardless of the payment method selected by NJPA or NJPA Member, a total cost associated with any purchase option of the equipment/products and services and being supplied must always be disclosed at the time of purchase. 5.4 All Proposers will be required to submit “Primary Pricing” in the form of either “Line-Item Pricing,” or “Percentage Discount from Catalog Pricing,” or a combination of these pricing strategies. Proposers are also encouraged to offer OPTIONAL pricing strategies such as but not limited to “Hot List,” “Sourced Product/Equipment” and “Volume Discounts,” as well as financing options such as leasing. All pricing documents should include an effective date, preferably in the top right corner of the first page of each pricing document. A. LINE-ITEM PRICING 5.5 A pricing format where specific individual products and/or services are offered at specific individual Contract prices. Products/equipment and/or related services are individually priced and described by characteristics such as manufacture name, stock or part number, size, or functionality. This method of pricing offers the least amount of confusion as products/equipment and prices are individually identified however, Proposers with a large number of products/equipment to propose may find this method cumbersome. In these situations, a percentage discount from catalog or category pricing model may make more sense and increase the clarity of the contract pricing format. 5.6 All Line-Item Pricing items must be numbered, organized, sectioned, including SKU’s (when applicable) and easily understood by the Evaluation Committee and members. 5.7 Submit Line-Item Pricing items in an Excel spreadsheet format and include all appropriate identification information necessary to discern the line item from other line items in each Responder’s proposal. 5.8 The purpose for a searchable excel spreadsheet format for Line-Item Pricing is to be able to quickly find any particular item of interest. For that reason, Proposers are responsible for providing the appropriate product and service identification information along with the pricing information which is typically found on an invoice or price quote for such products/equipment and related services. 16 5.9 All products/equipment and related services typically appearing on an invoice or price quote must be individually priced and identified on the line-item price sheet, including any and all ancillary costs. 5.10 Proposers are asked to provide both a published “List” price as well as a “Proposed Contract Price” in their pricing matrix. Published List price will be the standard “quantity of one” price currently available to government and educational customers excluding cooperative and volume discounts. B. PERCENTAGE DISCOUNT FROM CATALOG OR CATEGORY 5.11 A specific percentage discount from a Catalog or List price” defined as a published Manufacturer’s Suggested Retail Price (MSRP) for the products/equipment or related services being proposed. 5.12 Individualized percentage discounts can be applied to any number of defined product groupings. 5.13 A Percentage Discount from MSRP may be applied to all elements identified in MSRP including all Manufacturer Options applicable to the equipment/products or related services. 5.14 When a Proposer elects to use “Percentage Discount from Catalog or Category,” Proposer will be responsible for providing and maintaining current published MSRP with NJPA and must be included in their proposal and provided throughout the term of any Contract resulting from this RFP. C. COST PLUS A PERCENTAGE OF COST 5.15 Cost plus a percentage of cost as a primary pricing mechanism is not desirable. D. HOT LIST PRICING 5.16 Where applicable, a Vendor may opt to offer a specific selection of products/services, defined as Hot List pricing at greater discounts or related advantages than those listed in the standard Contract pricing. All product/service pricing, including the Hot List Pricing, must be submitted electronically provided in Excel format. Hot List pricing must be submitted in a Line-Item format. Equipment/products and related services may be added or removed from the “Hot List” at any time through an NJPA Price and Product Change Form. 5.17 Hot List program and pricing when applicable may also be used to discount and liquidate close-out and discontinued equipment/products and related services as long as those close-out and discontinued items are clearly labeled as such. Current ordering process and administrative fees apply. This option must be published and made available to all NJPA Members. E. CEILING PRICE 5.18 Proposal pricing is to be established as a ceiling price. At no time may the proposed equipment/products and related services be offered pursuant to this Contract at prices above this ceiling price without request and approval by NJPA. Contract prices may be reduced to allow for volume considerations and commitments and to meet the specific and unique needs of an NJPA Member. 5.19 Allowable specific needs may include competitive situations, certain purchase volume commitments or the creation of custom programs based on the individual needs of NJPA Members. F. VOLUME PRICE DISCOUNTS / ADDITIONAL QUANTITIES 5.20 Proposers are free to offer volume commitment discounts from the contract pricing documented in a Contract resulting from this RFP. Volume considerations shall be determined between the Vendor and individual NJPA Members on a case-by-case basis. 17 5.21 Nothing in this Contract establishes a favored member relationship between the NJPA or any NJPA Member and the Vendor. The Vendor will, upon request by NJPA Member, extend this same reduced price offered or delivered to another NJPA Member provided the same or similar volume commitment, specific needs, terms, and conditions, a similar time frame, seasonal considerations, locations, competitively situations and provided the same manufacturer support is available to the Vendor. 5.22 All price adjustments are to be offered equally to all NJPA Members exhibiting the same or substantially similar characteristics such as purchase volume commitments, and timing including the availability of special pricing from the Vendor’s suppliers. 5.23 The contract awarded vendor will accept orders for additional quantities at the same prices, terms and conditions, providing the NJPA Member exercises the option before a specific date, mutually agreed upon between member and contract awarded vendor at time of original purchase order. Any extension(s) of pricing beyond the specific date shall be upon mutual consent between the NJPA Member and the contract awarded vendor. G. TOTAL COST OF ACQUISITION 5.24 The Total Cost of Acquisition for the equipment/products and related services being proposed, including those payable by NJPA Members to either the Proposer or a third party is the cost of the proposed equipment/products product/equipment and related services delivered and operational for its intended purpose in the end-user’s location. For example, if you are proposing equipment/products FOB Proposer’s dock., your proposal should identify your deviation from the “Total Cost of Acquisition” of contracted equipment/products. The Proposal should reflect that the “contract does not provide for delivery beyond Proposer’s dock, nor any set-up activities or costs associated with those delivery or set-up activities.” In contrast, proposed terms including all costs for product/equipment and services delivered and operational at to the end-user’s location would require a disclosure of “None.” H. SOURCED PRODUCT/EQUIPMENT / OPEN MARKET ITEMS 5.25 A Sourced Good or an Open Market Item is a product that a member wants to buy under contract that is not currently available under the Vendor’s NJPA contract. This method of procurement can be satisfied through a contract sourcing process. Sourcing options serve to provide a more complete contract solution to meet our members’ needs. Sourced items are generally deemed incidental to the total transaction or purchase of contract items. 5.26 NJPA or NJPA Members may request product/equipment and/or related services that are within the related scope of this RFP, which are not included in an awarded Vendor’s line-item product/equipment and related service list or catalog. These items are known as Sourced Product/Equipment or Open Market Items. 5.27 An awarded Vendor resulting from this RFP may “Source” equipment/products and related services for NJPA or an NJPA Member to the extent they: 5.27.1 Identify all such equipment, products and services as “Sourced Products/Equipment ” or “Open Market Items” on any quotation issued in reference to an NJPA awarded contract, and provided to either NJPA or an NJPA Member; and 5.27.2 Follow all applicable acquisition regulations pertaining to the purchase of such equipment, products and services, as defined by NJPA or NJPA Member receiving quotation from Vendor; and 5.27.3 Ensure NJPA or the NJPA Member has determined the prices as quoted by the Vendor for such equipment, products and services are deemed to be fair and reasonable and are acceptable to the member/buyer; and 18 5.27.4 Identify all product/equipment sourced as a part of an NJPA contract purchase with all required NJPA reporting and fees applying. 5.28 Cost plus a percentage is an option in pricing of sourced goods. I. PRODUCT & PRICE CHANGES 5.29 Requests for equipment/products or service changes, additions or deletions will be allowed at any time throughout the awarded contract term. All requests must be made in written format by completing the NJPA Price and Product Change Request Form (located at the end of this RFP and on the NJPA website) and signature of an authorized Vendor employee. All changes are subject to review and approval by the NJPA Contracts & Compliance Manager, signed in acceptance by the NJPA Executive Director and acknowledged by the NJPA Contract Council. Submit request via email to your Contract Manager and PandP@njpacoop.org. 5.30 NJPA’s due diligence in analyzing any request for change is to determine if approval of the request is: 1) within the scope of the original RFP and 2) in the “Best Interests of NJPA and NJPA Members.” A signed Price and Product Change form will be returned to vendor contact via email. 5.31 Vendor must complete this change request form and individually list or attach all items or services subject to change, provide sufficiently detailed explanation and documentation for the change, and include a compete restatement of pricing document in appropriate format (preferably Excel). The pricing document must identify all equipment/products and services being offered and must conform to the following NJPA product/price change naming convention: (Vendor Name) (NJPA Contract #) (effective pricing date); for example, “COMPANY 012411-CPY eff 02-12-2013.” 5.32 New pricing restatement must include all equipment/products and services offered regardless of whether their prices have changed and include a new “effective date” on the pricing documents. This requirement reduces confusion by providing a single, current pricing sheet for each vendor and creates a historical record of pricing. 5.33 ADDITIONS. New equipment/products and related services may be added to a contract if such additions are within the scope of the RFP. New equipment/products and related services may be added to a Contract resulting from this RFP at any time during that Contract to the extent those equipment/products and related services are within the scope of this RFP. Those requests are subject to review and approval of NJPA. Allowable new equipment/products and related services generally include new updated models of equipment/products and related services and or enhanced services previously offered which could reflect new technology and improved functionality. 5.34 DELETIONS. New equipment/products and related services may be deleted from a contract if an item or service is no longer available and thus not relevant to the contract; for example, discontinued, improved, etc. 5.35 PRICE CHANGES: Request prices changes in general terms along with the justification by product category for the change; for example, a 3% increase in XYZ Product Line is due to a 3% increase in petroleum, or this list of SKUs/ product descriptions is increasing X% due to X% increase in cost of raw materials. 5.35.1 Price decreases: NJPA expects Vendors to propose their very best prices and anticipates price reductions are due to advancement of technologies and market place efficiencies. 5.35.2 Price increases: Typical acceptable increase requests include increases to Vendor input costs such as petroleum or other applicable commodities, increases in product utility of new compared to old equipment/product or service, etc. Vendor must include reasonable documentation for the claims cited in their request along with detailed justification for why the increase is needed. 19 Special details for price changes must be included with the request along with both current and proposed pricing. Appropriate documentation should be attached to this form, including letters from suppliers announcing price increases. Price increases will not exceed industry standard. 5.36 Submit the following documentation to request a pricing change: 5.36.1 Signed NJPA Price and Product Change Form 5.36.2 Single Statement of Pricing Excel spreadsheet identifying all equipment/products and services being offered and their pricing. Each complete pricing list will be identified by its “Effective Date.” Each successive price listing identified by its “Effective Date” will create a “Product and Price History” for the Contract. Each subsequent pricing update will be saved using the naming convention of “(Vendor Name) pricing effective XX/XX/XXXX.” 5.36.2.1 Include all equipment/products and services regardless of whether their prices have changed. By observing this convention we will: 5.36.2.1.1 Reduce confusion by providing a single, easy to find, current pricing sheet for each Vendor. 5.36.2.1.2 Create a historical record of pricing. 5.37 NJPA reserves the right to review additional catalogs being proposed as additions or replacements to determine if the represented products and services reflect and relate to the scope of this RFP. Each new catalog received may have the effect of adding new product offerings and deleting products no longer carried by the Vendor. New catalogs shall apply to the Contract only upon approval of the NJPA. Non- approved use of catalogs may result in termination for convenience. New price lists or catalogs found to be offering non-contract items during the Contract may be grounds for terminating the Contract for convenience. 5.38 Proposers representing multiple manufacturers, or carrying multiple related product lines may also request the addition of new manufacturers or product lines to their Contract to the extent they remain within the scope of this RFP. 5.39 Proposers may use the multiple tabs available in an Excel workbook to separately list logical product groupings or to separately list product and service pricing as they see fit. 5.40 All equipment/products and services together with their pricing, whether changed within the request or remaining unchanged, will be stated on each “Pricing” sheet created as a result of each request for product, service, or pricing change. 5.41 Each subsequent “Single Statement of Product and Pricing” will be archived by its effective date therefore creating a product and price history for any Contract resulting from this RFP. Proposers are required to create a historical record of pricing annually by submitting updated pricing referred to as a “Single Statement of Product/Equipment and Related Services Contract Price Update”. This pricing update is required at a minimum of once per contract year. J. PAYMENT TERMS 5.42 Payment terms will be defined by the Proposer in the Proposer’s Response. Proposers are encouraged to offer payment terms through P Card services if applicable. 5.43 If applicable, identify any leasing programs available to NJPA and NJPA Members as part of your proposal. Proposers should submit an example of the lease agreement to be used and should identify: 20 5.43.1 General leasing terms such as: 5.43.1.1 The percentage adjustment over/under an index rate used in calculating the internal rate of return for the lease; and 5.43.1.2 The index rate being adjusted; and 5.43.1.3 The “Purchase Option” at lease maturity ($1, or fair market value); and 5.43.1.4 The available term in months of lease(s) available. 5.43.2 Leasing company information such as: 5.43.2.1 The name and address of the leasing company; and 5.43.2.2 Any ownership, common ownership, or control between the Proposer and the Leasing Company. K. SALES TAX 5.44 Sales and other taxes shall not be included in the prices quoted. Vendor will charge state and local sales and other taxes on items for which a valid tax exemption certification has not been provided. Each NJPA Member is responsible for providing verification of tax exempt status to the Vendor. When ordering, NJPA Members must indicate that they are tax exempt entities. Except as set forth herein, no party shall be responsible for taxes imposed on another party as a result of or arising from the transactions contemplated by a Contract resulting from this RFP. L. SHIPPING 5.45 NJPA desires an attractive freight program. A shipping program for material only proposals, or sections of proposals, must be defined as a part of the cost of equipment/products. If shipping is charged to NJPA or NJPA Member, only the actual cost of delivery may be added to an invoice. Shipping charges calculated as a percentage of the product price may not be used, unless such charges are lower than actual delivery charges. COD orders will be accepted if both parties agree. It is desired that delivery be made within ninety-days (90) of receipt of the Purchase Order. 5.46 Selection of a carrier for shipment or expedited shipping will be the option of the party paying for said shipping. Use of another carrier will be at the expense of the party who requested. 5.47 Proposers must define their shipping programs for Alaska and Hawaii and any location not served by conventional shipping services. Over-size and over-weight items and shipments may be subject to custom freight programs. 5.48 All shipping and re-stocking fees must be identified in the price program. Certain industries providing made to order product/equipment may not allow returns. Proposers will be evaluated based on the relative flexibility extended to NJPA and NJPA Members relating to those subjects. 5.49 Proposer agrees shipping errors will be at the expense of the Vendor. 5.50 Delivery effectiveness is very important aspect of this Contract. If completed deliveries are not made at the time agreed, NJPA or NJPA Member reserves the right to cancel and purchase elsewhere and hold Vendor accountable. If delivery dates cannot be met, Vendor agrees to advise NJPA or NJPA Member of the earliest possible shipping date for acceptance by NJPA or NJPA Member. 21 5.51 Delivered products/equipment must be properly packaged. Damaged equipment/products will not be accepted, or if the damage is not readily apparent at the time of delivery, the equipment/products shall be returned at no cost to NJPA or NJPA Member. NJPA and NJPA Members reserve the right to inspect the equipment/products at a reasonable time subsequent to delivery where circumstances or conditions prevent effective inspection of the equipment/products at the time of delivery. 5.52 Vendor shall deliver Contract conforming products/equipment in each shipment and may not substitute products/equipment without approval from NJPA or the NJPA Member. 5.53 NJPA reserves the right to declare a breach of Contract if the Vendor intentionally delivers substandard or inferior equipment/products which are not under Contract and described in its paper or electronic price lists or sourced upon request to any member under this Contract. In the event of the delivery of non- conforming equipment/products, NJPA Member will notify the Vendor as soon as possible and the Vendor will replace non-conforming equipment/products with conforming equipment/products acceptable to the NJPA member. 5.54 Throughout the term of the Contract, Proposer agrees to pay for return shipment on equipment/products that arrives in a defective or inoperable condition. Proposer must arrange for the return shipment of damaged equipment/products. 5.55 Vendor may not substitute equipment/products unless agreed to by both parties. 5.56 Unless contrary to other parts of this solicitation, if the product/equipment or the tender of delivery fail in any respect to conform to this Contract, the purchasing member may: 1) reject the whole, 2) accept the whole or 3) accept any commercial unit or units and reject the rest. 6 EVALUATION OF PROPOSALS A. PROPOSAL EVALUATION PROCESS 6.1 The NJPA Proposal Evaluation Committee will evaluate proposals received based on a 1,000 point evaluation system. The Committee establishes both the evaluation criteria and designates the relative importance of those criteria by assigning possible scores for each category on Form G of this RFP. 6.2 NJPA shall use a final overall scoring system to include consideration for best price and cost evaluation. NJPA reserves the right to assign any number of point awards or penalties it considers warranted if a Proposer stipulates exceptions, exclusions, or limitations of liabilities. Strong consideration will be given to the best price as it relates to the quality of the product and service. However, price is ultimately only one of the factors taken into consideration in the evaluation and award. 6.3 Responses will be evaluated first for responsiveness and thereafter for content. The NJPA Board of Directors will make awards to the selected Proposer(s) based on the recommendations of the Proposal Evaluation Committee. To qualify for the final evaluation, a Proposer must have been deemed responsive as a result of the criteria set forth under “Proposer Responsiveness.” B. PROPOSER RESPONSIVENESS 6.4 All responses are evaluated for level one and level two responsiveness. If a response does not reasonably and substantially conform to all the terms and conditions in the solicitation or it requests unreasonable exceptions, it may be considered non-responsive. 6.5 All proposals must contain answers or responses to the information requested in the proposal forms. The following items constitute the test for “Level One Responsiveness” and are determined on the proposal opening date. If these are not received, your response may be disqualified as non-responsive. 22 6.6 Level One Responsiveness includes: 6.6.1 received prior to the deadline for submission or it will be returned unopened; 6.6.2 properly addressed and identified as a sealed proposal with a specific opening date and time; 6.6.3 pricing document (with apparent discounts), sample certificate of liability insurance and all forms fully completed even if “not applicable” is the answer; 6.6.4 original signed, completed and dated RFP forms C, D, and F hard copy signed signature page Only from forms A and P from this RFP and if applicable, all counter signed addenda issued in relation to this RFP; 6.6.5 an electronic copy (CD or flash drive) of the entire response; and 6.6.6 falls within the scope as determined by the NJPAs Proposal Evaluation Committee. 6.7 “Level Two” responsiveness is determined through the evaluation of the remaining items listed under Proposal Evaluation Criteria below. These items are not arranged in order of importance and each item may encompass multiple areas of information requested. Any questions not answered will result in a loss of points from relevant Form G criteria and may lead to non-award if too many areas are unanswered resulting in the inability for evaluation team to effectively review your response. C. PROPOSAL EVALUATION CRITERIA 6.8 Evaluation Criteria: Forms A and P includes a series of questions encompassing, but not limited to, the following categories: 6.8.1 Company Information & Financial Strength 6.8.2 Industry Requirements & Marketplace Success 6.8.3 Ability to Sell & Deliver Service Nationwide 6.8.4 Marketing Plan 6.8.5 Other Cooperative Procurement Contracts 6.8.6 Value Added Attributes 6.8.7 Payment Terms & Financing Options 6.8.8 Warranty 6.8.9 Equipment/Products/Services 6.8.10 Pricing & Delivery 6.8.11 Industry Specific Items 6.9 Evaluation of each Proposer’s Response will take into consideration as a minimum response but not necessarily limited to these items. D. OTHER CONSIDERATION 6.10 The Proposer is required to have extensive knowledge and at least three (3) years of experience with the related activities surrounding the selling of the equipment/products and/or related services. 23 6.11 NJPA reserves the right to accept or reject newly formed companies solely based on information provided in the proposal and/or its own investigation of the company. 6.12 If a manufacturer or supplier chooses not to produce or supply a full selection and representation of product/equipment and related services it has available which fall within the scope of this RFP, such action will be considered sufficient cause to reduce evaluation points. 6.13 NJPA reserves the right to request and test equipment/products and related services from the apparent successful Proposer. Prior to the award of the Contract, the apparent successful Proposer, if requested by NJPA, shall furnish current information and data regarding the Proposer’s resources, personnel, and organization within three (3) days. 6.14 Past performance information is relevant information regarding a Proposer’s actions under previously awarded contracts to schools, local, state, and governmental agencies and non-profit agencies. It includes the Proposer’s record of conforming to specifications and standards of good workmanship. The Proposer’s history for reasonable and cooperative behavior and commitment to member satisfaction shall be under evaluation. Ultimately, Past Performance Information can be defined as the Proposer’s businesslike concern for the interests of the NJPA Member. 6.15 NJPA shall reserve the right to reject any or all proposals. E. COST COMPARISON 6.16 NJPA uses a variety of evaluation methodologies, including but not limited to a cost comparison of specific and deemed to be like equipment/products. NJPA reserves the right to use this process in the event the Proposal Evaluation Committee feels it is necessary to make a final determination. 6.17 This process will be based on a point system with points being awarded for being low to high Proposer for each cost evaluation item selected. A “Market Basket” of identical (or substantially similar) equipment/products and related services may be selected by the NJPA Evaluation Committee and the unit cost will be used as a basis for determining the point value. The “Market Basket” will be selected by NJPA from all product categories as determined appropriate by NJPA. F. MARKETING PLAN 6.18 A key element of an NJPA awarded a contract will be based on your marketing response to this solicitation. An awarded Vendor’s sales force will be the primary source of communication to the customers and NJPA members directly relating to the contract success. Success in marketing is dependent on delivery of messaging and communication relating to the contract value, knowledge of contract, proper use and the delivery of contracted equipment/products and related services to the end user. Much of the success and sales reward is a direct result of the commitment to the Contract by the vendor and sales teams. NJPA reserves the right to deem a proposer non- responsive or to not award based on an unacceptable or incomplete marketing plan 6.19 NJPA marketing expectations include: 6.19.1 Vendors ability to demonstrate the leveraging of a national sales force and/or dealer network. Vendors must demonstrate the ability to sell, service and deliver products and equipment through acceptable distribution channels to customers and NJPA members in all 50 states. Demonstrate fully the sales and service capabilities of your company through your response; outline Vendor’s national sales force network in terms of numbers and geographic location and method of distribution of the equipment/products and related services. Service may be independent of the equipment/product sales pricing but is encouraged to be a part of your response and contract. 24 6.19.2 Vendor is invited to demonstrate the ability to successfully market, promote and communicate the opportunity of an NJPA contract to current and potential members nationwide. NJPA desires a marketing plan that communicates the value of the contract to members. 6.19.3 Vendor is expected to be receptive to NJPA sales trainings. Vendor shall provide a venue for appropriate personnel from both management and the sales force who will be trained. NJPA commits to providing contract sales training and awareness regarding all aspects of communicating the value of the contract itself including: the authority of NJPA to offer the contract to its Members, value and utility the contract delivers to NJPA Members, scope of NJPA Membership, authority of NJPA Members to utilize NJPA procurement contracts, marketing and sales methods, and overall vertical strategies. 6.19.4 Vendor is expected to demonstrate the intent to a commit to full embracement of the NJPA contract. Identify the appropriate levels of sales management and sales force that will need to understand the value of and the internal procedures necessary, to deliver the NJPA contract solution and message to NJPA and NJPA Members. NJPA shall provide a general schedule and a variety of methods surrounding when and how those individuals will be trained. 6.19.5 Vendor will outline their proposed involvement in the promotion of a contract resulting from this RFP through applicable industry trade show exhibits and related customer meetings. Proposers are encouraged to consider participation with NJPA at NJPA embraced national trade shows. 6.19.6 Vendor must exhibit the willingness and ability to actively market and develop contract specific marketing materials including, but not limited to: 6.19.6.1 Complete Marketing Plan. Proposer shall submit a marketing plan outlining how the Vendor will launch the NJPA contract to current and potential NJPA Members. NJPA requires the Awarded Vendors to embrace and actively promote the Contract in cooperation with the NJPA. 6.19.6.2 Printed Marketing Materials. Proposer will initially produce and thereafter maintain full color print advertisements in camera ready electronic format including company logo and contact information to be used in the NJPA directory and other approved marketing publications. 6.19.6.3 Contract announcements and advertisements. Proposer will outline in the marketing plan their anticipated contract announcements, advertisements in industry periodicals and other direct or indirect marketing activities promoting the awarded NJPA contract. 6.19.6.4 Proposer’s Website. Proposer will identify how an Awarded Contract will be displayed and linked on the Proposer’s website. An on-line shopping experience for NJPA Members is desired when applicable. 6.19.7 An NJPA Vendor Contract Launch will be scheduled during a reasonable time frame after the award and held at the NJPA office in Staples, MN. 6.20 Proposer shall identify their commitment to develop a sales/communication process to facilitate NJPA membership and establish status of current and potential agencies/members. Proposer should further express their commitment to capturing sufficient member information as is deemed necessary by NJPA. G. CERTIFICATE OF INSURANCE 6.21 Vendors shall provide evidence of liability insurance coverage identified below in the form of a Certificate of Insurance or an ACCORD binder form with their proposal. Upon Award issued pursuant to 25 this contract and prior to the execution of any commerce relating to such award, Vendor will be responsible for providing verification, in the form of a Certificate of Insurance identifying the coverage required below and identifying NJPA as a “Certificate Holder.” Vendor will be responsible to maintain such insurance coverage at their own expense throughout the term of any contract resulting from this solicitation. 6.22 Any exceptions and/or assumptions to the insurance requirements must be identified on Attachment C. Exceptions and/or assumptions will be taken into consideration as part of the evaluation process; however, vendors must be specific. If vendors do not specify any exceptions and/or assumptions at time of proposal submission, NJPA will not consider any additional exceptions and/or assumptions during negotiations. Upon contract award, the successful vendor must provide the Certificate of Insurance identifying the coverage as specified. 6.23 Insurance Liability Limits: The awarded vendor must maintain, for the duration of its contract, $1.5 million in General Liability insurance coverage or General Liability insurance in conjunction with an Umbrella for a total combined coverage of $1.5 million. Work on the contract shall not begin until after the awarded vendor has submitted acceptable evidence of the required insurance coverage. Failure to maintain any required insurance coverage or acceptable alternative method of insurance will be deemed a breach of contract. 6.23.1 Minimum Scope and Limits of Insurance: Vendor shall provide coverage with limits of liability not less than those stated below. An excess liability policy or umbrella liability policy may be used to meet the minimum liability requirements provided that the coverage is written on a “following form” basis. 6.23.1.1 Commercial General Liability – Occurrence Form Policy shall include bodily injury, property damage and broad form contractual liability and XCU coverage. 6.23.1.2 Each Occurrence $1,500,000 6.24 Insurance Requirements: The limits listed herein are minimum requirements for this Contract and in no way limit the indemnity covenants contained in this Contract. NJPA in no way warrants that the minimum limits contained herein are sufficient to protect the Vendor from liabilities that might arise out of the performance of the work under this Contract by the Vendor, his agents, representatives, employees or subcontractors and Vendor is free to purchase additional insurance as may be determined necessary. 6.25 Acceptability of Insurers: Insurance is to be placed with insurers duly licensed or authorized to do business in the State of Minnesota and with an “A.M. Best” rating of not less than A- VII. NJPA in no way warrants that the above required minimum insurer rating is sufficient to protect the Vendor from potential insurer solvency. 6.26 Subcontractors: Vendors’ certificate(s) shall include all subcontractors as additional insureds under its policies or Vendor shall furnish to NJPA separate certificates for each subcontractor. All coverage for subcontractors shall be subject to the minimum requirements identified above. H. ORDER PROCESS AND/OR FUNDS FLOW 6.27 Please propose an order process and funds flow. The Business-to-Government order process and/or funds flow model involves NJPA Members issuing Purchase Orders directly to a Vendor and pursuant to a Contract resulting from this RFP. Administrative fees may also be used for purposes as allowed by Minnesota State Law and approved by the Board of Directors. 6.28 Additional Terms and Conditions can be added at the PO level if both Vendor and Member agree. I. ADMINISTRATIVE FEES 26 6.29 Proposer agrees to authorize and/or allow for an administrative fee payable to NJPA by an Awarded Vendor in exchange for its facilitation and marketing of a Contract resulting from this RFP to current and potential NJPA Members. This Administration Fee shall be: 6.29.1 Calculated as a percentage of the dollar volume of all equipment/products and services provided to and purchased by NJPA Members or calculated as reasonable and acceptable method applicable to the contracted transaction; and 6.29.2 Included in, and not added to, the pricing included in Proposer’s Response to the RFP; and 6.29.3 Designed to offset the anticipated costs of NJPA’s involvement in contract management, facilitating marketing efforts, Vendor training, and any order processing tasks relating to the Contract resulting from this RFP. Administrative fees may also be used for other purposes as allowed by Minnesota law. Administrative fees may also be used for other purposes as allowed by Minnesota law. 6.29.4 Typical administrative fees for a B-TO-G order process and funds flow is 2.0%. NJPA does not mandate a specific fee percentage, we merely state that 2% is a typical fee across our contracts. The administrative fee percent varies among vendors, industries and responses. 6.29.5 NJPA awarded contract holder is responsible for the Administrative Fee and related reporting. 6.30 The opportunity to propose these factors and an appropriate administrative fee is available in the Proposer’s Questionnaire Form P. J. VALUE ADDED 6.31 Examples of Value Added Attributes: Value-Added attributes, products and services are items offered in addition to the products and services being proposed which adds value to those items being proposed. The availability of a contract for maintenance or service after the initial sale, installation, and set-up may, for instance, be “Value Added Services” for products where a typical buyer may not have the ability to perform these functions. 6.32 Where to document Value Added Attributes: The opportunity to indicate value added dimensions and such advancements will be available in the Proposer’s Questionnaire and Proposer’s product and service submittal. 6.33 Value added equipment/products and services and expanded services, as they relate to this RFP, will be given positive consideration in the award selection. Consideration will be given to an expanded selection of HEAVY CONSTRUCTION EQUIPMENT WITH RELATED ACCESSORIES, ATTACHMENTS, AND SUPPLIES and advances to provide products/services, supplies meeting and/or exceeding today’s industry standards and expectations. A value add would include a program or service that further serves the members needs above and possibly beyond standard expectation and complements the equipment/products and services and training. Value added could include areas of product and service, sales, ordering, delivery, performance, maintenance, technology, and service that furthers the functionality and effectiveness of the procurement process while remaining within the scope of this RFP. 6.34 Minority, Small Business, and Women Business Enterprise (WMBE) participation: It is the policy of some NJPA Members to involve Minority, Small Business, and WMBE contractors in the process to purchase product/equipment and related services. Vendors should document WMBE status for their organization AND any such status of their affiliates (i.e. Supplier networks) involved in carrying out the activities invited. The ability of a Proposer to provide “Credits” to NJPA and NJPA Members in these subject areas, either individually or through related entities involved in the transaction, will be evaluated positively by NJPA and reflected in the “value added” area of the evaluation. NJPA is committed to 27 facilitating the realization of such “Credits” through certain structuring techniques for transactions resulting from this RFP. 6.35 Environmentally Preferred Purchasing Opportunities: There is a growing trend among NJPA Members to consider the environmental impact of the equipment/products and related services they purchase. “Green” characteristics demonstrated by responding companies will be evaluated positively by NJPA and reflected in the “value added” area of the evaluation. Please identify any Green characteristics of the product/equipment and related services in your proposal and identify the sanctioning body determining that characteristic. Where appropriate, please indicate which products have been certified as “green” and by which certifying agency. 6.36 On-Line Requisitioning systems: When applicable, on-line requisitioning systems will be viewed as a value-added characteristic. Proposer shall include documentation about user interfaces that make on-line ordering easy for NJPA Members as well as the ability to punch-out from mainstream e-Procurement or Enterprise Resource Planning (ERP) systems that NJPA Members may currently utilize. 6.37 Financing: The ability of the Proposer to provide financing options for the products and services being proposed will be viewed as a Value Added Attribute. 6.38 Technology: Technological advances, increased efficiencies, expanded service and other related improvements beyond today’s NJPA member’s needs and applicable standards. K. WAIVER OF FORMALITIES 6.39 NJPA reserves the right to waive any minor formalities or irregularities in any proposal and to accept proposals, which, in its discretion and according to the law, may be in the best interest of its members. 7 POST AWARD OPERATING ISSUES A. SUBSEQUENT AGREEMENTS 7.1 Purchase Order. Purchase Orders for equipment/products and/or related services may be executed between NJPA or NJPA Members (Purchaser) and awarded Vendor(s) or Vendor’s sub-contractors pursuant to this invitation and any resulting Contract. NJPA Members are instructed to identify on the face of such Purchase Orders that “This purchase order is issued pursuant to NJPA procurement contract #XXXXXX.” A Purchase Order is an offer to purchase product/equipment and related services at specified prices by NJPA or NJPA Members pursuant to a Contract resulting from this RFP. Purchase Order flow and procedure will be developed jointly between NJPA and an Awarded Vendor after an award is made. 7.2 Governing Law. Purchase Orders shall be construed in accordance with, and governed by, the laws of a competent jurisdiction with respect to the purchaser. Each and every provision of law and clause required by law to be included in the Purchase Order shall be read and enforced as though it were included. If through mistake or otherwise any such provision is not included, or is not currently included, then upon application of either party the Contract shall be physically amended to make such inclusion or correction. The venue for any litigation arising out of disputes related to Purchase Order(s) shall be a court of competent jurisdiction to the Purchaser. 7.3 Additional Terms and Conditions. Additional terms and conditions to a Purchase Order may be proposed by NJPA, NJPA Members, or Vendors. Acceptance of these additional terms and conditions is OPTIONAL to all parties to the Purchase Order. The purpose of these additional terms and conditions is to formally introduce job or industry specific requirements of law such as prevailing wage legislation. Additional terms and conditions can include specific local policy requirements and standard business practices of the issuing Member. Said additional terms and conditions shall not interfere with the general purpose, intent or currently established terms and conditions contain in this RFP document. 28 7.4 Specialized Service Requirements. In the event service requirements or specialized performance requirements such as e-commerce specifications, specialized delivery requirements, or other specifications and requirements not addressed in the Contract resulting from this RFP, NJPA Member and Vendor may enter into a separate, standalone agreement, apart from a Contract resulting from this RFP. Any proposed service requirements or specialized performance requirements require pre-approval by Vendor. Any separate agreement developed to address these specialized service or performance requirements is exclusively between the NJPA Member and Vendor. NJPA, its agents, Members and employees shall not be made party to any claim for breach of such agreement. Product sourcing is not considered a service. NJPA Members will need to conduct procurements for any specialized services not identified as a part or within the scope of the awarded Contract. 7.5 Performance Bond. At the request of the member, a Vendor will provide all performance bonds typically and customarily required in their industry. These bonds will be issued pursuant to the requirements of Purchase Orders for product/equipment and related services. If a purchase order is cancelled for lack of a required performance bond by the member agency, it shall be the recommendation of NJPA that the current pending Purchase Order be canceled. Each member has the final decision on Purchase Order continuation. ANY PERFORMANCE BONDING REQUIRED BY THE MEMBER OR CUSTOMER STATE LAWS OR LOCAL POLICY IS TO BE MUTUALLY AGREED UPON AND SECURED BETWEEN THE VENDOR AND THE CUSTOMER/MEMBER. B. NJPA MEMBER SIGN-UP PROCEDURE 7.6 Awarded Vendors will be responsible for familiarizing their sales and service forces with the various forms of NJPA Membership documentation and shall encourage and assist potential Members in establishing Membership with NJPA. NJPA membership is at no cost, obligation or liability to the Member or the Vendor. C. REPORTING OF SALES ACTIVITY 7.7 A report of the total gross dollar volume of all equipment/products and related services purchased by NJPA Members as it applies to this RFP and Contract will be provided quarterly to NJPA. The form and content of this reporting will provided by NJPA to include, but not limited to, name and address of purchasing agency, member number, amount of purchase, and a description of the items purchased. 7.7.1 Zero sales reports: Awarded Vendors are responsible for providing a quarterly sales report of contract sales every quarter regardless of the existence or amount of sales. D. AUDITS 7.8 No more than once per calendar year during the Contract term, Vendor may be required to make available to NJPA the invoice reports and/or invoice documents from Vendor pertaining to all invoices sent by Vendor and all payments made by NJPA members for all equipment/products and related services purchased under the awarded Contract. NJPA must provide written notice of exercise of this requirement with no less than fourteen (14) business days’ notice. NJPA may employ an independent auditor or NJPA may choose to conduct such audit on its own behalf. Upon approval and after the auditor has executed an appropriate confidentiality agreement, Vendor will permit the auditor to review the relevant Vendor documents. NJPA shall be responsible for paying the auditor’s fees. The parties will make every reasonable effort to fairly and equitably resolve discrepancies to the satisfaction of both parties. Vendor agrees that the NJPA may audit their records with a reasonable notice to establish total compliance and to verify prices charged under of the Contract are being met. Vendor agrees to provide verifiable documentation and tracking in a timely manner. E. HUB PARTNER 29 7.9 Hub Partner: NJPA Members may request to be served through a “Hub Partner” for the purposes of complying with a Law, Regulation, or Rule to which that individual NJPA Member deems to be applicable in their jurisdiction. Hub Partners may bring value to the proposed transactions through consultancy, Disadvantaged Business Entity Credits or other considerations. 7.10 Hub Partner Fees: Fees, costs, or expenses from this Hub Partner levied upon a transaction resulting from this contract, shall be payable by the NJPA Member. The fees, costs, or expenses levied by the Hub Vendor must be clearly itemized in the transaction; and to the extent that the Vendor stands in the chain of title during a transaction resulting from this RFP, the documentation shall be documented to show it is “Executed for the Benefit of [NJPA Member Name].” F. TRADE-INS 7.11 The value in US Dollars for Trade-ins will be negotiated between NJPA or an NJPA Member, and an Awarded Vendor. That identified “Trade-In” value shall be viewed as a down payment and credited in full against the NJPA purchase price identified in a purchase order issued pursuant to any Awarded NJPA procurement contract. The full value of the trade-in will be consideration. G. OUT OF STOCK NOTIFICATION 7.12 Vendor shall immediately notify NJPA members upon receipt of order(s) when an out-of-stock occurs. Vendor shall inform the NJPA member regarding the anticipated date of availability for the out-of-stock item(s), and may suggest equivalent substitute(s). The ordering organization shall have the option of accepting the suggested equivalent substitute, or canceling the item from the order. Under no circumstance is Proposer permitted to make unauthorized substitutions. Unfilled or substituted item(s) shall be indicated on the packing list. H. TERMINATION OF CONTRACT RESULTING FROM THIS RFP 7.13 NJPA reserves the right to cancel the whole or any part of a resulting Contract due to failure by the Vendor to carry out any obligation, term or condition as described in the below procedure. Prior to any termination for cause, the NJPA will provide written notice to the Vendor, opportunity to respond and opportunity to cure. Some examples of material breach include, but are not limited to: 7.13.1 The Vendor provides products/equipment or related services that does not meet reasonable quality standards and is not remedied under the warranty; 7.13.2 The Vendor fails to ship the products/equipment or related services or provide the delivery and services within a reasonable amount of time; 7.13.3 NJPA has reason to believe the Vendor will not or cannot perform to the requirements or expectations of the Contract and issues a request for assurance and Vendor fails to respond; 7.13.4 The Vendor fails to observe any of the material terms and conditions of the Contract; 7.13.5 The Vendor fails to follow the established procedure for purchase orders, invoices and/or receipt of funds as established by the NJPA and the Vendor in the Contract. 7.13.6 The Vendor fails to report quarterly sales; 7.13.7 The Vendor fails to actively market this Contract within the guidelines provided in this RFP and the expectations of NJPA defined in the NJPA Contract Launch. 30 7.13.8 In the event the contract has no measurable and defining value or benefit to NJPA or the NJPA member. 7.14 Upon receipt of the written notice of concern, the Vendor shall have ten (10) business days to provide a satisfactory response to the NJPA. Failure on the part of the Vendor to reasonably address all issues of concern may result in Contract cancellation pursuant to this Section. If the issue is not resolved within sixty (60) days, contract will be terminated. 7.15 Any termination shall have no effect on purchases that are in progress at the time the cancellation is received by the NJPA. The NJPA reserves the right to cancel the Contract immediately for convenience, without penalty or recourse, in the event the Vendor is not responsive concerning the remedy, the performance, or the violation issue within the time frame, completely or in part. 7.16 NJPA reserves the right to cancel or suspend the use of any Contract resulting from this RFP if the Vendor files for bankruptcy protection or is acquired by an independent third party. Awarded Vendor will be responsible for disclosing to NJPA any litigation, bankruptcy or suspensions/disbarments that occur during the contract period. Failure to disclose may result in an immediate termination of the contract. 7.17 NJPA may execute Contract termination without cause with a required 60-day written notice of termination. Termination of Contract shall not relieve either party of financial, product or service obligations incurred or accrued prior to termination. 7.18 NJPA may cancel any Contract resulting from this solicitation without any further obligation if any NJPA employee significantly involved in initiating, negotiating, securing, drafting or creating the Contract on behalf of the NJPA is found to be in collusion with any Proposer to this RFP for their personal gain. Such cancellation shall be effective upon written notice from the NJPA or a later date if so designated in the notice given. A terminated Contract shall not relieve either party of financial, product or service obligations due to participating member or NJPA. 7.19 Events of Automatic termination to include, but not limited to: 7.19.1 Vendor’s failure to remedy a material breach of a Contract resulting from this RFP within sixty (60) days of receipt of notice from NJPA specifying in reasonable detail the nature of such breach; and/or, 7.19.2 Receipt of written information from any authorized agency finding activities of Vendors engaged in pursuant to a Contract resulting from this RFP to be in violation of the law. 8 GENERAL TERMS AND CONDITIONS A. ADVERTISING A CONTRACT RESULTING FROM THIS RFP 8.1 Proposer/Vendor shall not advertise or publish information concerning this Contract prior to the award being announced by the NJPA. Once the award is made, a Vendor is expected to advertise the awarded Contract to both current and potential NJPA Members. B. APPLICABLE LAW 8.2 NJPA’s interest in a contract resulting from this RFP: Not withstanding its own use, to the extent NJPA issues this RFP and any resulting contract for the use of its Members, NJPA’s interests and liability for said use shall be limited to the competitive proposal process performed and terms and conditions relating to said contract and shall not extend to the products, services, or warranties of the Awarded Vendor or the intended or unintended effects of the product/equipment and services procured there from. 31 8.3 NJPA Compliance with Minnesota Procurement Law: NJPA will exhaust all avenues to comply with each unique state law or requirement whenever possible. It is the responsibility of each participating NJPA member to ensure to their satisfaction that NJPA contracting process falls within these laws and applicable laws are satisfied. An individual NJPA member using these contracts is deemed by their own accord to be in compliance with their own requirements and procurement regulations. 8.4 Governing Law with respect to delivery and acceptance: All applicable portions of the Minnesota Uniform Commercial Code, all other applicable Minnesota laws, and the applicable laws and rules of delivery and inspection of the Federal Acquisition Regulations (FAR) laws shall govern NJPA contracts resulting from this solicitation. 8.5 Jurisdiction: Any claims pertaining to this RFP and any resulting Contract that develop between NJPA and any other party must be brought forth only in courts in Todd County in the State of Minnesota unless otherwise agreed to. 8.5.1 Purchase Orders issued pursuant to a contract resulting from this solicitation shall be construed in accordance with, and governed by, the laws of a competent jurisdiction with respect to the purchaser. 8.6 Vendor Compliance with applicable law: Vendor(s) shall comply with all federal, state, or local laws applicable to or pertaining to the transaction, acquisition, manufacturer, suppliers or the sale of the equipment/products and relating services resulting from this RFP. 8.7 Other Laws, whether or not herein contained, shall be included by this reference. It shall be Proposer’s/Vendor’s responsibility to determine the applicability and requirements of any such laws and to abide by them. 8.8 Indemnity: Each party agrees it will be responsible for its own acts and the result thereof to the extent authorized by law and shall not be responsible for the acts of the other party and the results thereof. NJPA’s liability shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes, Section §3.736, and other applicable law. 8.9 Prevailing Wage: It shall be the responsibility of the Vendor to comply, when applicable, with prevailing wage legislation in effect in the jurisdiction of the purchaser (NJPA or NJPA Member). It shall be the responsibility of the Vendor to monitor the prevailing wage rates as established by the appropriate department of labor for any increase in rates during the term of this Contract and adjust wage rates accordingly. 8.10 Patent and Copyright Infringement: If an article sold and delivered to NJPA or NJPA Members hereunder shall be protected by any applicable patent or copyright, the Vendor agrees to indemnify and hold harmless NJPA and NJPA Members against any and all suits, claims, judgments, and costs instituted or recovered against it by any person on account of the use or sale of such articles by NJPA or NJPA Members in violation or right under such patent or copyright. C. ASSIGNMENT OF CONTRACT 8.11 No right or interest in this Contract shall be assigned or transferred by the Vendor without prior written permission by the NJPA. No delegation of any duty of the Vendor shall be made without prior written permission of the NJPA. NJPA shall notify members by posting approved assignments on the NJPA website (www.njpacoop.org) within 15 days of NJPA’s approval. 8.12 If the original Vendor sells or transfers all assets or the entire portion of the assets used to perform this Contract, a successor in interest must guarantee to perform all obligations under this Contract. NJPA reserves the right to reject the acquiring person or entity as a Vendor. A change of name agreement will not change the contractual obligations of the Vendor. 32 D. LIST OF PROPOSERS 8.13 NJPA will not maintain or communicate to a list of proposers. All interested proposers must respond to the solicitation as a result of NJPA solicitation advertisements indicated. Because of the wide scope of the potential Members and qualified national Vendors, NJPA has determined this to be the best method of fairly soliciting proposals. E. CAPTIONS, HEADINGS, AND ILLUSTRATIONS 8.14 The captions, illustrations, headings, and subheadings in this solicitation are for convenience and ease of understanding and in no way define or limit the scope or intent of this request. F. DATA PRACTICES 8.15 All materials submitted in response to this RFP will become property of the NJPA and will become public record in accordance with Minnesota Statutes, section 13.591, after the evaluation process is completed. If the Responder submits information in response to this RFP that it believes to be nonpublic information, as defined by the Minnesota Government Data Practices Act, Minnesota Statute § 13.37, the Responder must: 8.15.1 make the request within thirty days of award/non-award, and include the appropriate statutory justification. Pricing is generally not redactable. The NJPA Legal Department shall review the statement to determine whether the information shall be withheld. If the NJPA determines to disclose the information, the Bids & Contracts department of the NJPA shall inform the Proposer, in writing, of such determination; and 8.15.2 defend any action seeking release of the materials it believes to be nonpublic information, and indemnify and hold harmless the NJPA, its agents and employees, from any judgments or damages awarded against the NJPA in favor of the party requesting the materials, and any and all costs connected with that defense. 8.16 This indemnification survives the NJPA’s award of a contract. In submitting a response to this RFP, the Responder agrees that this indemnification survives as long as the confidential information is in possession of the NJPA. When the situation warrants, Proposer may be able redact additional nonpublic information after the evaluation process if legal justification is provided and accepted by NJPA. G. ENTIRE AGREEMENT 8.17 The Contract, as defined herein, shall constitute the entire understanding between the parties to that Contract. A Contract resulting from this RFP is formed when the NJPA Board of Directors approves and signs the applicable Contract Award & Acceptance document (Form E). H. FORCE MAJEURE 8.18 Except for payments of sums due, neither party shall be liable to the other nor deemed in default under this Contract if and to the extent that such party’s performance of this Contract is prevented due to force majeure. The term “force majeure” means an occurrence that is beyond the control of the party affected and occurs without its fault or negligence including, but not limited to, the following: acts of God, acts of the public enemy, war, riots, strikes, mobilization, labor disputes, civil disorders, fire, flood, snow, earthquakes, tornadoes or violent wind, tsunamis, wind shears, squalls, Chinooks, blizzards, hail storms, volcanic eruptions, meteor strikes, famine, sink holes, avalanches, lockouts, injunctions-intervention-acts, terrorist events or failures or refusals to act by government authority and/or other similar occurrences where such party is unable to prevent by exercising reasonable diligence. The force majeure shall be deemed to 33 commence when the party declaring force majeure notifies the other party of the existence of the force majeure and shall be deemed to continue as long as the results or effects of the force majeure prevent the party from resuming performance in accordance with a Contract resulting from this RFP. Force majeure shall not include late deliveries of equipment/products and services caused by congestion at a manufacturer’s plant or elsewhere, an oversold condition of the market, inefficiencies, or other similar occurrences. If either party is delayed at any time by force majeure, then the delayed party shall notify the other party of such delay within forty-eight (48) hours. I. GRATUITIES 8.19 NJPA may cancel an awarded Contract by written notice if it is found that gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the Vendor or any agent or representative of the Vendor, to any employee of the NJPA. J. HAZARDOUS SUBSTANCES 8.20 Proper and applicable Material Safety Data Sheets (MSDS) that are in full compliance with OSHA’s Hazard Communication Standard must be provided by the Vendor to NJPA or NJPA Member at the time of purchase. K. LICENSES 8.21 Proposer shall maintain a current status on all required federal, state, and local licenses, bonds and permits required for the operation of the business that is anticipated to be conducted with NJPA and NJPA members by the Proposer. 8.22 All responding Proposers must be licensed (where required) and have the authority to sell and distribute offered equipment/products and related services to NJPA and NJPA Members nationally. Documentation of required said licenses and authorities, if applicable, is requested to be included in the proposer’s response. L. MATERIAL SUPPLIERS AND SUB-CONTRACTORS 8.23 The awarded Vendor shall be required to supply the names and addresses of sourcing suppliers and sub-contractors as a part of the purchase order when requested by NJPA or the NJPA member. M. NON-WAIVER OF RIGHTS 8.24 No failure of either party to exercise any power given to it hereunder, nor to insistence upon strict compliance by the other party with its obligations hereunder, and no custom or practice of the parties at variance with the terms hereof, nor any payment under a Contract resulting from this RFP shall constitute a waiver of either party’s right to demand exact compliance with the terms hereof. Failure by NJPA to take action or assert any right hereunder shall not be deemed as waiver of such right. N. PROTESTS OF AWARDS MADE 8.25 Protests shall be filed with the NJPA’s Executive Director and shall be resolved in accordance with appropriate Minnesota state statutes. Protests will only be accepted from Proposers. A protest must be in writing and filed with NJPA. A protest of an award or proposed award must be filed within ten (10) calendar days after the public notice or announcement of the award. A protest must include: 8.25.1 The name, address and telephone number of the protester; 8.25.2 The original signature of the protester or its representative (you must document the authority of the Representative); 34 8.25.3 Identification of the solicitation by RFP number; 8.25.4 Identification of the statute or procedure that is alleged to have been violated; 8.25.5 A precise statement of the relevant facts; 8.25.6 Identification of the issues to be resolved; 8.25.7 The aggrieved party’s argument and supporting documentation; 8.25.8 The aggrieved party’s statement of potential financial damages; and 8.25.9 A protest bond in the name of NJPA and in the amount of 10% of the aggrieved party’s statement of potential financial damages. O. SUSPENSION OR DISBARMENT STATUS 8.26 If within the past five (5) years, any firm, business, person or Proposer responding to NJPA solicitation and submitting a proposal has been lawfully terminated, suspended or precluded from participating in any public procurement activity with a federal, state or local government or education agency the Proposer must include a letter with its response setting forth the name and address of the public procurement unit, the effective date of the suspension or debarment, the duration of the suspension or debarment and the relevant circumstances relating to the suspension or debarment. Any failure to supply such a letter or to disclose pertinent information may result in the cancellation of any Contract. By signing the proposal affidavit, the Proposer certifies that no current suspension or debarment exists. P. AFFIRMATIVE ACTION AND IMMIGRATION STATUS CERTIFICATION 8.27 An Affirmative Action Plan, Certificate of Affirmative Action or other documentation regarding Affirmative Action may be required by NJPA or NJPA Members relating to a transaction from this RFP. Vendors shall comply with any such requirements or requests. 8.28 Immigration Status Certification may be required by NJPA or NJPA Members relating to a transaction from this RFP. Vendors shall comply with any such requirements or requests. Q. SEVERABILITY 8.29 In the event that any of the terms of a Contract resulting from this RFP are in conflict with any rule, law, statutory provision or are otherwise unenforceable under the laws or regulations of any government or subdivision thereof, such terms shall be deemed stricken from an awarded Contract resulting from this RFP, but such invalidity or unenforceability shall not invalidate any of the other terms of an awarded Contract resulting from this RFP. R. RELATIONSHIP OF PARTIES 8.30 No Contract resulting from this RFP shall be considered a contract of employment. The relationship between NJPA and an Awarded Contractor is one of independent contractors each free to exercise judgment and discretion with regard to the conduct of their respective businesses. The parties do not intend the proposed Contract to create, or is to be construed as creating a partnership, joint venture, master-servant, principal–agent, or any other relationship. Except as provided elsewhere in this RFP, neither party may be held liable for acts of omission or commission of the other party and neither party is authorized or has the power to obligate the other party by contract, agreement, warranty, representation or otherwise in any manner whatsoever except as may be expressly provided herein. 9 FORMS 35 [THE REST OF THIS PAGE HAS BEEN LEFT INTENTIONALLY BLANK.] 36 Form A PROPOSER QUESTIONNAIRE- General Business Information (Products, Pricing, Sector Specific, Services, Terms and Warranty are addressed on Form P) Proposer Name: ____________________________Questionnaire completed by: ________________________________ Please identify the person NJPA should correspond with from now through the Award process: Name: _____________________________________ E-Mail address: _______________________________________ Provide an answer to all questions directly below each question (do not leave blank, mark NA if not applicable) and address all requests made in this RFP. Please supply any applicable supporting information and documentation you feel appropriate in addition to answers entered to the Word document. All information must be typed, organized, and easily understood by evaluators. Please use the Microsoft Word document version of this questionnaire to respond to the questions contained herein. Company Information & Financial Strength 1) Why did you respond to this RFP? 2) What are your company’s expectations in the event of an award? 3) Provide the full legal name, address, tax identifications number, and telephone number for your business. 4) Demonstrate your financial strength and stability. 5) Are you now, or have you ever been the subject of a bankruptcy action? Please explain. 6) Provide a brief history of your company that includes your company’s core values and business philosophy. 7) How long has your company been in the HEAVY CONSTRUCTION EQUIPMENT WITH RELATED ACCESSORIES, ATTACHMENTS, AND SUPPLIES industry? 8) Is your organization best described as a manufacturer or a distributor/dealer/re-seller for a manufacturer of the products/equipment and related services being proposed? a) If the Proposer is best described as a re-seller, manufacturer aggregate, or distributor, please provide evidence of your authorization as a dealer/re-seller/manufacturer aggregate for the manufacturer of the products/equipment and related services you are proposing. b) If the Proposer is best described as a manufacturer, please describe your relationship with your sales/service force and/or Dealer Network in delivering the products/equipment and related services proposed. c) Are these individuals your employees, or the employees of a third party? d) If applicable, is the Dealer Network independent or company owned? 9) Please provide your bond rating, and/or a credit reference from your bank. 10) Provide a detailed explanation outlining the licenses and certifications that are both required to be held, and actually held by your organization in pursuit of the commerce and business contemplated by this RFP. 11) Provide a detailed explanation outlining licenses and certifications both required to be held, and actually held, by third parties and sub-contractors to your organization in pursuit of the commerce contemplated by this RFP. If not applicable, please respond with “Not Applicable.” 12) Provide all “Suspension or Disbarment” information as defined and required herein. 13) In addition to the $1.5 million in General Liability and/or in conjunction with umbrella insurance coverage, what level of automobile and workers compensation insurance does your organization currently have? If none, please explain. 14) Within the RFP category there is potential to be several different sub-categories of solutions; list sub category title/s that best describe your equipment/products, services and supplies. Industry Requirements &Marketplace Success 15) List and document recent industry awards and recognition. 16) Supply three references/testimonials from customers of like status to NJPA Members to include Government and Education agencies. Please include the customer’s name, contact, and phone number. 37 17) Provide a list of your top 5 Government and/or Education customers (entity name is optional) including: entity type, the state the entity is located in, scope of the project/s, size of transaction/s and dollar volumes from the past 3 fiscal years. 18) What percentages of your current (within the past three (3) fiscal years) national sales are to the government and education verticals? Indicate government and education verticals individually. Proposer’s Ability to Sell and Deliver Service Nationwide 19) Please describe your company sales force in terms of numbers, geographic dispersion, and the proportion of their attention focused on the sale and services of the equipment/products contemplated in this RFP? 20) Please describe your dedicated dealer network and number of individual sales force within your dealer network in terms of numbers, geographic dispersion, and the proportion of their attention focused on the sales distribution and delivery of your equipment/products and related services contemplated in this RFP? 21) Please describe your dedicated company service force or dedicated network in terms of numbers, geographic dispersion, and the proportion of their attention focused on the sale of the equipment/products and related services contemplated in this RFP? 22) Please describe your dedicated dealer service force or network in terms of numbers geographic dispersion, and the proportion of their attention focused on the sale of the equipment/products and related services contemplated in this RFP? Additionally, please describe any applicable road service and do they offer the ability to service customers at the customer’s location? 23) Describe in detail your customer service program regarding process and procedure. Please include, where appropriate, response time capabilities and commitments as a part of this RFP response and awarded contract. 24) Identify any geographic areas or NJPA market segments of the United States you will NOT be fully serving through the proposed contract. 25) Identify any of NJPA Member segments or defined NJPA verticals you will NOT be offering and promoting an awarded contract to? (Government, Education, Non-profit) 26) Define any specific requirements or restrictions as it applies to our members located off shores such as Hawaii and Alaska and the US Islands. Address your off shore shipping program on the Pricing form P of this document. Marketing Plan 27) Describe your contract sales training program to your sales management, dealer network and/or direct sales teams relating to a NJPA awarded contract. 28) Describe how you would market/promote an NJPA Contract nationally to ensure success. 29) Describe your marketing material, and overall marketing ability, relating to promoting this type of partnership and contract opportunity. Please send a few representative samples of your marketing materials in electronic format. 30) Describe your use of technology and the internet to provide marketing and ensure national contract awareness. 31) Describe your perception of NJPA’s role in marketing the contract and your contracted products/equipment and related services. 32) Describe in detail any unique marketing techniques and methods as a part of your proposal that would separate you from other companies in your industry. 33) Describe your company’s Senior Management level commitment with regards to embracement, promoting, supporting and managing a resultant NJPA awarded contract 34) Do you view your products/equipment applicable to an E-procurement ordering process? ____ Yes ____ No a) If yes, describe examples of E-procurement system/s or electronic marketplace solutions that your products/equipment was available through. Demonstrate the success of government and educations customers to ordering through E-procurement. 35) Please describe how you will communicate your NJPA pricing and pricing strategy to your sales force nationally? Other Cooperative Procurement Contracts 36) Describe your level of experience with national, state and local cooperative contracts. 37) What is the annual dollar sales volume generated through each of the contract(s) identified in your answer to the previous question. 38) Identify any GSA Contracts held or utilized by the Proposer. 38 39) What is the annual combined dollar sales volume for each of these contracts? 40) If you are awarded the NJPA contract, are there any market segments or verticals (e.g., higher education, K-12 local governments, non-profits etc.) or geographical markets where the NJPA contract will not be your primary contract purchasing vehicle? If so, please identify those markets and which cooperative purchasing agreement will be your primary vehicle. 41) How would you leverage an NJPA awarded contract in your sales process? 42) Identify a proposed administrative fee payable to NJPA for facilitation, management and promotion of the NJPA contract, should you be awarded. This fee is typically calculated as a percentage of Contract sales and not a line item addition to the customers cost of goods. Value Added 43) If applicable, describe any product/equipment training programs available as options for NJPA members. If applicable, do you offer equipment operator training as well as maintenance training? ____ Yes ____ No 44) Is this training standard as a part of a purchase or optional? 45) Describe current technological advances your proposed equipment/products and related services offer. 46) Describe your “Green” program as it relates to your company, your products/equipment, and your recycling program, including a list of all green products accompanied by the certifying agency for each (if applicable). 47) Describe any Women or Minority Business Entity (WMBE) or Small Business Entity (SBE) accreditations and the general minority and small business program of your organization as it relates to a Contract resulting from this RFP. 48) Identify any other unique or custom value added attributes of your company or your products/equipment or related services. What makes your proposed solutions unique in your industry as it applies to NJPA members? 49) Other than what you have already demonstrated or described, what separates your company, your products/equipment and related services from your competition? 50) Identify and describe any service contract options included in the proposal, or offered as a proposed option, for the products/equipment being offered. 51) Identify your ability and willingness to offer an awarded contract to qualifying member agencies in Canada specifically and internationally in general. 52) Describe any unique distribution and/or delivery methods or options offered in your proposal. NOTE: Questions regarding Payment Terms, Warranty, Products/Equipment/Services, Pricing and Delivery, and Industry Specific Items are addressed on Form P. Signature: __________________________________________________________ Date: ________________________ 39 Form B PROPOSER INFORMATION Company Name: _________________________________________________________________________ Address: ________________________________________________________________________________ City/State/Zip: ___________________________________________________________________________ Phone: _____________________________________ Fax: ____________________________________ Toll Free Number: ___________________________ E-mail: __________________________________ Web site: _______________________________________________________________________________ Voids sometimes exist between management (those who respond to RFPs) and sales staff (those who contact NJPA Members) that result in communication problems. Due to this fact, provide the names of your key sales people, phone numbers, and geographic territories for which they are responsible COMPANY PERSONNEL CONTACTS Authorized Signer for your organization*: Name: _________________________________________________________________________________ Email: _________________________________________________Phone: ___________________________________ * By executing Form F, the “Proposer’s Assurance of Compliance,” you are certifying this person identified here has their authorization to sign on behalf of your organization: Author of your proposal response Name:__________________________________________________Title:______________________________________ Email: _________________________________________________Phone:_____________________________________ Your Primary Contact person regarding your proposal: Name: _________________________________________Title:______________________________________ Email: _________________________________________Phone:_____________________________________ Other important contact information: Name: _________________________________________Title:______________________________________ Email: _________________________________________Phone:_____________________________________ Name: _________________________________________Title:______________________________________ Email: _________________________________________Phone:_____________________________________ 40 Form C EXCEPTIONS TO PROPOSAL, TERMS, CONDITIONS AND SOLUTIONS REQUEST Company Name: _____________________________________________________________________________ Note: Original must be signed and inserted in the inside front cover pouch. Any exceptions to the Terms, Conditions, Specifications, or Proposal Forms contained herein shall be noted in writing and included with the proposal submittal. Proposer acknowledges that the exceptions listed may or may not be accepted by NJPA and may or may not be included in the final contract. NJPA may clarify exceptions listed here and document the results of those clarifications in the appropriate section below. Section/page Term, Condition, or Specification Exception NJPA ACCEPTS Proposer’s Signature: ______________________________________________________ Date: ________________ NJPA’s clarification on exception/s listed above: 41 Contract Award RFP 032515 # FORM D Formal Offering of Proposal (To be completed Only by Proposer) HEAVY CONSTRUCTION EQUIPMENT WITH RELATED ACCESSORIES, ATTACHMENTS, AND SUPPLIES In compliance with the Request for Proposal (RFP) for HEAVY CONSTRUCTION EQUIPMENT WITH RELATED ACCESSORIES, ATTACHMENTS, AND SUPPLIES the undersigned warrants that I/we have examined this RFP and, being familiar with all of the instructions, terms and conditions, general specifications, expectations, technical specifications, service expectations and any special terms, do hereby propose, fully commit and agree to furnish the defined equipment/products and related services in full compliance with all terms, conditions of this RFP, any applicable amendments of this RFP, and all Proposer’s Response documentation. Proposer further understands they accept the full responsibility as the sole source of responsibility of the proposed response herein and that the performance of any sub- contractors employed by the Proposer in fulfillment of this proposal is the sole responsibility of the Proposer. Company Name: _______________________________ Date: ___________________________________________ Company Address: _______________________________________________________________________________ City:_________________________________________ State: ____________ Zip: __________________________ Contact Person: ________________________________ Title: ___________________________________________ Authorized Signature (ink only): _________________________________ __________________________________ (Name printed or typed) 42 Form E Contract Acceptance and Award (To be completed only by NJPA) NJPA 032515 # ______________________________________________________ ___________________________________________________________________ Proposer’s full legal name Your proposal is hereby accepted and awarded. As an awarded Proposer, you are now bound to provide the defined product/equipment and services contained in your proposal offering according to all terms, conditions, and pricing set forth in this RFP, any amendments to this RFP, your Response, and any exceptions accepted or rejected by NJPA on Form C. The effective start date of the Contract will be ___________________________, 20________ and continue for four years from the board award date. This contract has the consideration of a fifth year renewal option at the discretion of NJPA. National Joint Powers Alliance® (NJPA) NJPA Authorized signature: ________________________________ _______________________________________ NJPA Executive Director (Name printed or typed) Awarded this _______ day of_________________________, 20___________ NJPA Contract Number 032515 # NJPA Authorized signature: ________________________________ ________________________________________ NJPA Board Member (Name printed or typed) Executed this ______ day of __________________________, 20___________ NJPA Contract Number 032515 # Proposer hereby accepts contract award including all accepted exceptions and NJPA clarifications identified on FORM C. Vendor Name ____________________________________________ Vendor Authorized signature: _______________________________ __________________________________ (Name printed or typed) Title: _____________________________________________________________ Executed this _____________ day of ___________________, 20___________ NJPA Contract Number 032515 # 43 Form F PROPOSER ASSURANCE OF COMPLIANCE Proposal Affidavit Signature Page PROPOSER’S AFFIDAVIT The undersigned, representing the persons, firms and corporations joining in the submission of the foregoing proposal (such persons, firms and corporations hereinafter being referred to as the “Proposer”), being duly sworn on his/her oath, states to the best of his/her belief and knowledge: 1. The undersigned certifies the Proposer is submitting their proposal under their true and correct name, the Proposer has been properly originated and legally exists in good standing in its state of residence, that the Proposer possesses, or will possess prior to the delivery of any equipment/products and related services, all applicable licenses necessary for such delivery to NJPA members agencies nationally, and that they are authorized to act on behalf of, and encumber the “Proposer” in this Contract; and 2. To the best of my knowledge, no Proposer or Potential Proposer, nor any person duly representing the same, has directly or indirectly entered into any agreement or arrangement with any other Proposers, Potential Proposers, any official or employee of the NJPA, or any person, firm or corporation under contract with the NJPA in an effort to influence either the offering or non-offering of certain prices, terms, and conditions relating to this RFP which tends to, or does, lessen or destroy free competition of the Contract sought for by this RFP; and 3. The Proposer or any person on his/her behalf, has not agreed, connived or colluded to produce a deceptive show of competition in the manner of the proposal or award of the referenced contract; and 4. Neither the Proposer nor any officer, director, partner, member or associate of the Proposer, nor any of its employees directly involved in obtaining contracts with the NJPA or any subdivision of the NJPA, has been convicted of false pretenses, attempted false pretenses or conspiracy to commit false pretenses, bribery, attempted bribery or conspiracy to bribe under the laws of any state or federal government for acts or omissions after January 1, 1985; and 5. The Proposer has examined and understands the terms, conditions, scope, contract opportunity, specifications request and other documents of this solicitation and that any and all exceptions have been noted in writing and have been included with the proposal submittal; and 6. If awarded a contract, the Proposer will provide the equipment/products and/or services to qualifying members of the NJPA in accordance with the terms, conditions, scope of this RFP, Proposer offered specifications and other documents of this solicitation; and 7. The undersigned, being familiar with and understand the expectations requested and outlined in this RFP under consideration, hereby proposes to deliver through valid requests, Purchase Orders or other acceptable forms ordering and procurement by NJPA Members. Unless otherwise indicated, requested and agreed to on a valid purchase order per this RFP, only new, unused and first quality equipment/products and related services are to be transacted with NJPA Members relating to an awarded contract; and 8. The Proposer has carefully checked the accuracy of all proposed products/equipment and related services and listed total price per unit of purchase in this proposal to include shipping and delivery considerations. In addition, the Proposer accepts all general terms and conditions of this RFP, including all responsibilities of commitment as outlined and proposed; and 44 9. In submitting this proposal, it is understood that the right is reserved by the NJPA to reject any or all proposals and it is agreed by all parties that this proposal may not be withdrawn during a period of 90 days from the date proposals were opened regarding this RFP; and 10. The Proposer certifies that in performing this Contract they will comply with all applicable provisions of the federal, state, and local laws, regulations, rules, and orders; and 11. The Proposer understands that submitted proposals which are marked “confidential” in their entirety, or those in which a significant portion of the submitted proposal is marked “nonpublic” will not be accepted by NJPA. Pursuant to Minnesota Statute §13.37 only specific parts of the proposal may be labeled a “trade secret.” All proposals are nonpublic until the contract is awarded; at which time, both successful and unsuccessful vendors’ proposals become public information. 12. The Proposer understands and agrees that NJPA will not be responsible for any information contained within the proposal. 13. By signing below, the Proposer understands it is his or her responsibility as the Vendor to act in protection of labeled information and agree to defend and indemnify NJPA for honoring such designation. Proposer duly realizes failure to so act will constitute a complete waiver and all submitted information will become public information; additionally failure to label any information that is released by NJPA shall constitute a complete waiver of any and all claims for damages caused by the release of the information. [The rest of this page has been left intentionally blank. Signature page below] 45 By signing below, Proposer is acknowledging that he or she has read, understands and agrees to comply with the terms and conditions specified above. Company Name: Contact Person for Questions: _____________________________________________________________________________________ (Must be individual who is responsible for filling out this Proposer’s Response form) Address: ____________________________________________________________________________________ City/State/Zip: _______________________________________________________________________________ Telephone Number: _____________________________ Fax Number: _________________________________ E-mail Address:______________________________________________________________________________ Authorized Signature: _________________________________________________________________________ Authorized Name (typed): ______________________________________________________________________ Title: _______________________________________________________________________________________ Date: _______________________________________________________________________________________ Notarized Subscribed and sworn to before me this ______________ day of ___________________, 20______________ Notary Public in and for the County of __________________________________________ State of __________ My commission expires: _______________________________________________________________________ Signature: __________________________________________________________________________________ 46 Form G OVERALL EVALUATION AND CRITERIA For the Proposed Subject HEAVY CONSTRUCTION EQUIPMENT WITH RELATED ACCESSORIES, ATTACHMENTS, AND SUPPLIES Conformance to Terms & Conditions 50 Financial, Industry Requirements & Marketplace Success 75 Proposer’s Ability to Sell and Deliver Service Nationwide 100 Proposer’s Marketing Plan 50 Value Added Attributes 75 Warranty 50 Equipment/Products and Related Services 200 Pricing 400 TOTAL POINTS 1000 Reviewed by: _________________________________________ Its_________________________________ _________________________________________Its_________________________________ 47 Form P PROPOSER QUESTIONNAIRE Payment Terms, Warranty, Products/Equipment/Services, Pricing and Delivery, Industry Specific Proposer Name: _________________________________________________________________________ Questionnaire completed by: ______________________________________________________________ Payment Terms and Financing Options 1) Identify your payment terms if applicable. (Net 30, etc.) 2) Identify any applicable leasing or other financing options as defined herein. 3) Briefly describe your proposed order process for this proposal and contract award. (Note: order process may be modified or refined during an NJPA member’s final Contract phase process). a. Please specify if you will be including your dealer network in this proposal. If so, please specify how involved they will be. (For example, will he Dealer accept the P.O.?), and how are we to verify the specific dealer is part of your network? 4) Do you accept the P-card procurement and payment process? Warranty 5) Describe, in detail, your Manufacture Warranty Program including conditions and requirements to qualify, claims procedure, and overall structure. 6) Do all warranties cover all products/equipment parts and labor? 7) Do warranties impose usage limit restrictions? 8) Do warranties cover the expense of technicians travel time and mileage to perform warranty repairs? 9) Please list any other limitations or circumstances that would not be covered under your warranty. 10) Please list any geographic regions of the United States for which you cannot provide a certified technician to perform warranty repairs. How will NJPA Members in these regions be provided service for warranty repair? Equipment/Product/Services, Pricing, and Delivery 11) Provide a general narrative description of the equipment/products and related services you are offering in your proposal. 12) Provide a general narrative description of your pricing model identifying how the model works (line item and/or published catalog percentage discount). 13) Please quantify the discount range presented in this response pricing as a percentage discount from MSRP/published list. 14) Provide an overall proposed statement of method of pricing for individual line items, percentage discount off published product/equipment catalogs and/or category pricing percentage discount with regard to all equipment/products and related services and being proposed. Provide a SKU number for each item being proposed. 15) Propose a strategy, process, and specific method of facilitating “Sourced Equipment/Products and/or related Services” (AKA, “Open Market” items or “Non-Standard Options”). 16) Describe your NJPA customer volume rebate programs, as applicable. 17) Identify any Total Cost of Acquisition (as defined herein) cost(s) which is NOT included “Pricing” submitted with your proposal response. Identify to whom these charges are payable to and their relationship to Proposer. 18) If freight, delivery or shipping is an additional cost to the NJPA member, describe in detail the complete shipping and delivery program. 48 19) As an important part of the evaluation of your offer, indicate the level of pricing you are offering. Prices offered in this proposal are: ________a. Pricing is the same as typically offered to an individual municipality, Higher Ed or school district. ________b. Pricing is the same as typically offered to GPOs, cooperative procurement organizations or state purchasing departments. _________c. Better than typically offered to GPOs, cooperative procurement organizations or state purchasing departments. ________d. Other; please describe. 20) Do you offer quantity or volume discounts? _____ YES _____ NO Outline guidelines and program. 21) Describe in detail your proposed exchange and return program(s) and policy(s). 22) Specifically identify those shipping and delivery and exchange and returns programs as they relate to Alaska and Hawaii and any related off shore delivery of contracted products/ equipment and related services 23) Please describe any self-audit process/program you plan to employ to verify compliance with your anticipated contract with NJPA. Please be as specific as possible. Industry-Specific Items 24) What is your US market share for the solutions you are proposing in this response? 25) Do you hold any industry-specific quality management system certifications such as ISO 9001? 26) Do you hold any environmental management system certifications such as ISO 14001? 27) What is your Canadian market share (if any) for the solutions you are proposing in this response? 28) Is your warranty program handled directly, or does it require a pass through to another manufacturer? 29) For how many years have the models you are proposing in this response been available in the marketplace? 30) What is your parts order fill rate? 31) Do you provide preventive maintenance programs for the solutions you are proposing in this response? Signature: ___________________________________________________________Date: _______________________ 49 10 PRE-SUBMISSION CHECKLIST Check when Completed Contents of Your Bid Proposal Hard Copy Required Signed and Dated Electronic Copy Required ‐ CD or Flash Drive Form A: Proposer Questionnaire with all questions answered completely X ‐ signature page only X Form B: Proposer Information X Form C: Exceptions to Proposal, Terms, Conditions, and Solutions Request XX Form D: Formal Offering of Proposal X X Form E. Contract Acceptance and Award X Form F: Proposers Assurance of Compliance XX Form P: Proposer Questionnaire with all questions answered completely X‐signature page only X Certificate of Insurance with $1.5 million coverage X X Copy of all RFP Addendums issued by NJPA X X Pricing for all Products/Equipment/Services within the RFP being proposed X Entire Proposal submittal including signed documents and forms.X All forms in the Hard Copy Required Signed and Dated should be inserted in the front of the submitted response, unbound. Package containing your proposal labeled and sealed with the following language: "Competitive Proposal Enclosed, Hold for Public Opening XX‐XX‐XXXX" Response Package mailed and delivered prior to deadline to: NJPA, 202 12th St NE, Staples, MN 56479 11 NJPA VENDOR PRICE AND PRODUCT CHANGE REQUEST FORM 50 Section 1. Instructions For Vendor Pursuant the NJPA RFP, requests for equipment/products or service changes, additions or deletions will be allowed at any time throughout the awarded contract term. All requests must be made in written format by completing sections 2, 3 and 4 of the NJPA Price and Product Change Request Form and signature of an authorized Vendor employee in section 5. All changes are subject to review and approval by the NJPA Contracts & Compliance Manager, signed in acceptance by the NJPA Executive Director and acknowledged by the NJPA Contract Council. Submit request via email to your Contract Manager AND: PandP@njpacoop.org. NJPA’s due diligence in analyzing any request for change is to determine if approval of the request is: 1) within the scope of the original RFP and 2) in the “Best Interests of NJPA and NJPA Members.” A signed Price and Product Change form will be returned to vendor contact via email. Vendor must complete this change request form and individually list or attach all items or services subject to change, provide sufficiently detailed explanation and documentation for the change, and include a compete restatement of pricing document in appropriate format (preferably Excel). The pricing document must identify all equipment/products and services being offered and must conform to the following NJPA product/price change naming convention: (Vendor Name) (NJPA Contract #) (effective pricing date); for example, “COMPANY 012411-CPY eff 02-12-2013.” NOTE: New pricing restatement must include all equipment/products and services offered regardless of whether their prices have changed and include a new “effective date” on the pricing documents. This requirement reduces confusion by providing a single, current pricing sheet for each vendor and creates a historical record of pricing. ADDITIONS. New equipment/products and related services may be added to a contract if such additions are within the scope of the RFP. DELETIONS. New equipment/products and related services may be deleted from a contract if an item or service is no longer available and thus not relevant to the contract; for example, discontinued, improved, etc. PRICE CHANGES: Request prices changes in general terms along with the justification by product category for the change; for example, a 3% increase in XYZ Product Line is due to a 3% increase in petroleum, or this list of SKUs/ product descriptions is increasing X% due to X% increase in cost of raw materials. Price decreases: NJPA expects Vendors to propose their very best prices and anticipates price reductions are due to advancement of technologies and market place efficiencies. Price increases: Typical acceptable increase requests include increases to Vendor input costs such as petroleum or other applicable commodities, increases in product utility of new compared to old equipment/products or service, etc. Vendor must include reasonable documentation for the claims cited in their request along with detailed justification for why the increase is needed. Special details for price changes must be included with the request along with both current and proposed pricing. Appropriate documentation should be attached to this form, including letters from suppliers announcing price increases. Refer to section 4 of the RFP for complete “Pricing” details. Section 2. Vendor Name and Type of Change Request CHECK ALL CHANGES THAT APPLY: AWARDED VENDOR NAME: ☐ Adding Equipment/ Products /Services ☐Deleting/Discontinuing Equipment/Products/Services ☐Price Increase NJPA CONTRACT NUMBER: ☐Price Decrease 11 NJPA VENDOR PRICE AND PRODUCT CHANGE REQUEST FORM 51 Section 3. Detailed Explanation of Need for Changes List equipment/products and/or services that are changing, being added or deleted from previous contract price list along with the percentage change for each item or category. (Attach a separate, detailed document if more than 10 items.) Provide a general statement and documentation explaining the reasons for these price and/or equipment/product/service changes. SAMPLES: 1-All paper equipment/products and services increased 5% in price due to transportation and fuel costs (see attached documentation of raw materials increase). 2-The 6400 series floor polisher is added to the product list as a new model replacing the 5400 series. The 6400 series 3% increase reflects technological improvements made that improve the rate of efficiency and useful life. The 5400 series is now included in the “Hot List” at a 20% discount from previous pricing until remaining inventory is liquidated. If adding equipment/products/services, provide a general statement how these are in the scope. If changing prices and/or adding equipment/products/services, provide a general statement that the pricing or equipment/products/services is consistent with existing NJPA contract pricing. 11 NJPA VENDOR PRICE AND PRODUCT CHANGE REQUEST FORM 52 Section 4. Complete Restatement of Pricing Submitted A COMPLETE restatement of the pricing including all new and existing equipment/products and services is attached and/or has been emailed to PandP@njpacoop.org. ☐ Yes ☐ No Section 5. Signatures __________________________________________________________ ________________________ Vendor Authorized Signature Date ____________________________________________ Print Name and Title of Authorized Signer __________________________________________________________ _________________________ NJPA Executive Director Signature Date 53 Appendix A NJPA The National Joint Powers Alliance® (NJPA), on behalf of NJPA and its current and potential Member agencies to include all Government, Higher Education, K12 Education, Non-Profit, Tribal Government, and all other Public Agencies located nationally in all fifty states, Canada, and internationally, issues this Request For Proposal (RFP) to result in a national contract solution. For your reference, the links below include some, but not all, of the entities included in this proposal: http://www.usa.gov/Agencies/Local_Government/Cities.shtml http://nces.ed.gov/globallocator/ https://harvester.census.gov/imls/search/index.asp http://nccsweb.urban.org/PubApps/search.php http://www.usa.gov/Government/Tribal-Sites/index.shtml http://www.usa.gov/Agencies/State-and-Territories.shtml http://www.nreca.coop/about-electric-cooperatives/member-directory/ Oregon Hawaii Washington City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID19-1906 Agenda Date:6/20/2019 Agenda #:1-F REPORT TO THE CITY COUNCIL June 20, 2019 FROM:MICHAEL CARBAJAL, Director Department of Public Utilities THROUGH:BRIAN SPINDOR, PE(WA), Assistant Director - Wastewater Department of Public Utilities - Wastewater Management Division DEJAN PAVIC, PE, Public Utilities Manager Department of Public Utilities - Utilities Planning & Engineering BY:ARTURO ALVAREZ, Wastewater Manager Department of Public Utilities - Wastewater Management Division SUBJECT Actions related to adoption of the revised Sewer System Management Plan: 1.Adopt a finding that this approval is covered by the common sense exemption set forth in CEQA Guidelines Section 15061(b)(3)and that there is no possibility that it will have a significant effect on the environment. 2.Adopt the 2019 Revision of the Sewer System Management Plan as required by the Statewide General Waste Discharge Requirements for Sanitary Sewer Systems (Citywide) RECOMMENDATION Staff recommends Council adopt the 2019 Revision of the Sewer System Management Plan (SSMP) to prevent and/or reduce sanitary sewer overflows (SSOs),as required by the Statewide General Waste Discharge Requirements for Sanitary Sewer Systems (WDR-SSS). EXECUTIVE SUMMARY The State Water Resources Control Board (SWRCB)adopted a statewide general Waste Discharge Requirements for Sanitary Sewer Systems (General WDR-SSS)to establish system-wide operation, maintenance and management plans to reduce SSOs.Under the General WDR-SSS,the City of Fresno (City)developed a SSMP which was approved by City Council on April 7,2009.The General WDR-SSS requires an update of the SSMP every five years with adoption of the revisions by the enrollee’s government body.An update (1st revision)of the SSMP was approved by City Council in City of Fresno Printed on 3/17/2023Page 1 of 3 powered by Legistar™ File #:ID19-1906 Agenda Date:6/20/2019 Agenda #:1-F enrollee’s government body.An update (1st revision)of the SSMP was approved by City Council in December 2014.The 2019 update (2nd revision)to the SSMP was completed in March 2019.The SSMP has been revised and updated to incorporate the latest personnel changes,maintenance schedules and programs, and includes short and long term capital improvement projects. BACKGROUND On May 2,2006,the SWRCB issued Order No.2006-0003-DWQ,statewide General WDR-SSS. The purpose of the General WDR-SSS is to establish system-wide operation,maintenance,and management plans to reduce SSOs,which are spills of untreated or partially treated wastewater resulting in public exposure and a health hazard. In November 2006,the City submitted a Notice of Intent (NOI)or application for permit coverage under the General WDR-SSS.In July 2007,the City Council approved a proposed SSMP Development Plan and Schedule,which listed development and implementation deadlines for each of the eleven elements listed below.The State required that cities with a population over 100,000 complete a final SSMP by May 2, 2009. On April 7,2009,the City Council approved the City’s SSMP,which provides a mechanism to properly fund,manage,operate,and maintain all parts of the sanitary sewer system to reduce and prevent SSOs.The City’s SSMP:(1)establishes the legal authority to prevent illicit discharges into its sanitary sewer system,(2)requires that sewer mains and connections be properly designed and constructed,(3)ensures access for maintenance,inspection,or repairs for those portions of the sewer laterals owned or maintained by the City,(4)limits the discharge of fats,oils,and grease and other debris that may cause blockages, and (5) enforces any violation of its sewer ordinances. The SSMP has eleven mandatory elements with implementation deadlines according to the size of the collection system: 1.Goal 2.Organization 3.Legal Authority 4.Operation and Maintenance Program 5.Design and Performance Provisions 6.Overflow Emergency Response Plan 7.Fats, Oils and Grease (FOG) Program 8.System Evaluation and Capacity Assurance Plan 9.Monitoring, Measurement and Program Modifications 10.Sewer System Management Plan Program Audits 11.Communication Program The General WDR-SSS requires that SSMPs be updated every five years,and it is by recommendation of the SWRCB that it be adopted by the City Council.The SSMP was first revised and adopted in 2014.The City Attorney has reviewed and approved as to form the second,2019 Revision of the SSMP. ENVIRONMENTAL FINDINGS Staff has performed a preliminary environmental assessment for the 2019 Revision of the SSMP in accordance with the requirement of the California Environmental Quality Act (CEQA),and determinedCity of Fresno Printed on 3/17/2023Page 2 of 3 powered by Legistar™ File #:ID19-1906 Agenda Date:6/20/2019 Agenda #:1-F accordance with the requirement of the California Environmental Quality Act (CEQA),and determined it is covered by the common sense exemption set forth in CEQA Guidelines Section 15061(b)(3)and that there is no possibility that it will have a significant effect on the environment.The 2019 Revision of the SSMP consists solely of revising the current SSMP to incorporate the latest personnel changes,maintenance schedules and programs,and include short and long term capital improvement projects that will be separately approved in other plans in the future. LOCAL PREFERENCE Local preference was not considered because the adoption of the 2019 Revision of the SSMP does not include a bid or an award of a construction contract or a services contract. FISCAL IMPACT There will be no impact to the General Fund.All elements of the SSMP are programs,policies,or ordinances currently in place and applicable to all council districts.Funding to implement the mandated SSMP is addressed in the Sewer Enterprise Operating and Capital Improvement budgets and will have no impact to the General Fund. Attachment:2019 Revision of the Sewer System Management Plan City of Fresno Printed on 3/17/2023Page 3 of 3 powered by Legistar™ 2019 City of Fresno SEWER SYSTEM MANAGEMENT PLAN Wastewater Management Division Original Adoption Date April 7, 2009 1st Revision December 2014 2nd Revision March 2019 WDID # 5SSO11202 CCIITTYY OOFF FFRREESSNNOO SSEEWWEERR SSYYSSTTEEMM MMAANNAAGGEEMMEENNTT PPLLAANN ((SSSSMMPP)) TABLE OF CONTENTS Executive Summary………………………………….……………………… 1 1. Goal…………………………………………………………………………….. 8 2. Organization…………………………………………………..……………… 9 3. Legal Authority………………………………………………..……………… 15 4. Operation and Maintenance Program………………………….………… 17 5. Design and Performance Provisions……………………….……………. 21 6. Overflow Emergency Response Plan…………………….……………… 23 7. Fats, Oils and Grease (FOG) Control Program…………….…………… 27 8. Systems Evaluation and Capacity Assurance Plan………….……….. 32 9. Monitoring, Measurement and Program Modifications………………. 35 10. Sewer System Management Plan Program Audits……………………... 45 11. Communication Program………………………………………………..….. 49 City of Fresno Sew er System Management Plan Executive Summary 2019 The City of Fresno (City) owns and maintains the wastewater collection system that serves the City and other participating agencies: County of Fresno, City of Clovis, Pinedale Public Utility District, Pinedale County Water District and California State University, Fresno. The City’s wastewater collection system is comprised of approximately 1,606 miles of pipe ranging from 4” to 84” in diameter, over 24,000 manholes and 15 sewer lift stations. On May 2, 2006, the State Water Resources Control Board (Board) issued Order No. 2006-0003-DWQ, Statewide General Waste Discharge Requirements for Sanitary Sewer Systems (WDR-SSS). The WDR-SSS consists of a number of components and reporting requirements and is applicable to any entity (e.g., the City of Fresno) that owns or operates a collection system greater than one mile in length. The purpose of the WDR-SSS is to establish system-wide operation, maintenance and management plans to reduce sanitary sewer overflows. A sanitary sewer overflow (SSO) is a release of untreated or partially treated wastewater resulting in public exposure, regardless of whether the wastewater reaches waters of the United States or not. It also refers to wastewater backups into buildings and onto private property that are caused by blockages in the City’s portion of the sanitary sewer system. The WDR-SSS prohibits: (1) Any SSO resulting in a discharge of wastewater to waters of the United States and (2) Any SSO creating a public nuisance. The WDR-SSS continues with a number of provisions instructing the City in the event of an SSO, possible enforcement action against the City, and subsequent cleanup measures. Under the WDR-SSS, the City is required to develop and implement a Sewer System Management Plan (SSMP) that must be available to the State or Regional Board upon request and must be approved by the City’s governing body. The SSMP provides a mechanism to properly manage, operate, and maintain all parts of the sanitary sewer system, with the ultimate goal being to reduce and prevent SSOs, as well as mitigate any SSOs that do occur. The City’s SSMP must: (1) Establish the legal authority to prevent illicit discharges into its sanitary sewer system; (2) Require that sewers and connections be properly designed and constructed; (3) Ensure access for maintenance, inspection, or repairs for those portions of the lateral owned or maintained by the City; (4) Limit the discharge of fats, oils, and grease and other debris that may cause blockages; and (5) Enforce any violation of its sewer ordinances. E-1 The SSMP has eleven mandatory elements with implementation deadlines according to the size of the collection system. These are: (1) Goal; (2) Organization; (3) Legal Authority; (4) Operation and Maintenance Program; (5) Design and Performance Provisions; (6) Overflow Emergency Response Plan; (7) Fats, Oils and Grease (FOG) Program; (8) System Evaluation and Capacity Assurance Plan; (9) Monitoring, Measurement and Program Modifications; (10) Sewer System Management Plan Program Audits; and (11) Communication Program. In November 2006, the City submitted a Notice of Intent (NOI) or application for permit coverage under the Statewide General WDR-SSS. In July 2007, the City Council approved a proposed SSMP Development Plan and Schedule which listed development and implementation deadlines for each of the eleven mandatory elements of the City’s SSMP. The State requires that cities with a population over 100,000 complete a final SSMP by May 2, 2009. On April 7, 2009, the City Council approved and adopted the SSMP as required by the Statewide General WDR-SSS. All of the mandatory elements of the SSMP were met with programs or ordinances already in place: Fresno Municipal Code, Wastewater Collection System Master Plan, FOG Control Program, Sanitary System Overflow Prevention and Response Plan, Performance Measures and Public Information/Education opportunities. Since 2011, the City has performed self-audits of the SSMP that resulted in minor revisions to the original document. On July 30, 2013, the Board issued Order No. WQ 2013-0058-EXEC to amend the Monitoring and Reporting Program (MRP) of the Statewide General WDR-SSS. This Order went into effect on September 9, 2013 revising spills categories and definitions. In the prior version, SSOs were defined as Category 1 and Category 2. The revised MRP adds Category 3. This change was done to improve data management and to help the State’s determination of high or low threats (Category 1 and Category 3, respectively). In addition, the Order clarifies SSO notification, reporting, monitoring and record keeping requirements. The Statewide General WDR-SSS requires that the SSMP be updated every 5 years and must include any significant program changes. Re-certification by the City Council is required if significant changes are made to the SSMP that requires Council approval for additional funds needed to implement the program. (Refer to the State Water Resources Control Board “Enrollee’s Guide to SSO Database” http://www.waterboards.ca.gov/water_issues/programs/sso/docs/discharger_workbook.pdf ) Below is the Change Log showing revisions made to the SSMP for 2019: E-2 Department of Public Utilities Wastewater Management Division Collection System Maintenance SSMP Change Log Date SSMP Element Description of Change/Revision Made Authorized By: 3/7/2019 Executive Summary Updated total miles of pipe and number of manholes to reflect the most current amount the City owns and maintains. Arturo Alvarez, Wastewater Manager 3/14/2019 Executive Summary Added reference to Statewide General Waste Discharge Requirements for Sanitary Sewer Systems (Appendix A) Arturo Alvarez, Wastewater Manager 3/7/2019 Element 2 – Organization Updated Organization Chart. Corrected chart to Reflect “System Evaluation and Capacity Assurance Plan” as SSMP Element 8. Arturo Alvarez, Wastewater Manager 3/7/2019 Element 2 – Organization Updated names and titles of list of representatives responsible to implement the SSMP. Arturo Alvarez, Wastewater Manager 3/8/2019 Element 2 – Organization Updated process for Chain of Communication for Reporting SSO’s Arturo Alvarez, Wastewater Manager 3/12/2019 Element 2 – Organization Updated SSO Emergency Response Notification Contact List. Arturo Alvarez, Wastewater Manager 3/12/19 Element 4 – Operation & Maintenance Updated Language for Preventative Maintenance Cleaning, Enhanced Maintenance Cleaning, CCTV Inspection and Root Control. Arturo Alvarez, Wastewater Manager 3/27/19 Element 4 – Operation & Maintenance Updated total miles of pipe, number of manholes and number of basins to reflect the most current amount the City owns and maintains. Arturo Alvarez, Wastewater Manager 3/12/2019 Element 5 – Design and Performance Updated to include the proposed revisions to the City of Fresno Standard Drawings that was approved by the Department of Public Works in June, 2015. Arturo Alvarez, Wastewater Manager 3/12/2019 Element 6- Overflow Emergency Response Plan Updated the process by which on-call staff members are notified of incoming service requests relating to sewer spills or problems. Arturo Alvarez, Wastewater Manager 3/13/2019 Element 6- Overflow Emergency Response Plan Updated SSO Notification Contact List. Added contact information for Pinedale County Water District, Pinedale Public Utilities District, and Fresno State. Arturo Alvarez, Wastewater Manager 3/13/2019 Element 7 – FOG Control Program Revised the website link to information regarding Fats, Oils and Grease. Arturo Alvarez, Wastewater Manager Department of Public Utilities Wastewater Management Division Collection System Maintenance 3/22/2019 Element 7 – FOG Control Program Updated Figure 7-2 – Most current Food Service Establishment Site Inspection Form. Arturo Alvarez, Wastewater Manager 3/7/2019 Element 8 – System Evaluation and Capacity Assurance Plan Updated total miles of pipe and number of manholes to reflect the most current amount the City owns and maintains. Arturo Alvarez, Wastewater Manager 3/22/2019 Element 8 – System Evaluation and Capacity Assurance Plan Removed “FY2014” in reference to Capital Improvement Projects and replaced with “FY2019.” Arturo Alvarez, Wastewater Manager 3/13/2019 Element 9 – Monitoring, Measurement and Program Modifications Updated list of Collection System Maintenance Electronic Files to include newer reports used to schedule and monitor cleanings, including the addition of the “Basic Cleaning Cycle” and “High Frequency List” schedules. Arturo Alvarez, Wastewater Manager 3/13/2019 Element 9 – Monitoring, Measurement and Program Modifications Included new data on Sewer Mainline Blockages for years 2014-2018. Arturo Alvarez, Wastewater Manager 3/13/2019 Element 9 – Monitoring, Measurement and Program Modifications Added 2014-2018 Data to “FOG Trend By Sewer Plat Areas” chart. Arturo Alvarez, Wastewater Manager 3/14/2019 Element 9 – Monitoring, Measurement and Program Modifications Removed 2010-2013 Summary of Certified SSO Events, and added 2014-2018 Summary of Certified SSO Events (Figure 9-7). Arturo Alvarez, Wastewater Manager 3/14/2019 Element 9 – Monitoring, Measurement and Program Modifications Addition of Figure 9.8 – Causes of SSO’s Arturo Alvarez, Wastewater Manager 3/20/2019 Element 9 – Monitoring, Measurement and Program Modifications Removed 2013 Collection System Spill Summary (Figure 9-5), and replaced it with 2018 Collection System Spill Summary. Arturo Alvarez, Wastewater Manager Department of Public Utilities Wastewater Management Division Collection System Maintenance 3/22/2019 Element 9 – Monitoring, Measurement and Program Modifications Updated list of Wastewater Management Division Web-Based Query Applications. Arturo Alvarez, Wastewater Manager 3/22/2019 Element 9 – Monitoring, Measurement and Program Modifications Updated verbiage to reflect 21 lift station alarms occurred in the last quarter of 2018. Arturo Alvarez, Wastewater Manager 3/22/2019 Element 9 – Monitoring, Measurement and Program Modifications Updated the Collection System Spill Summary (Figure 9-5) and Balanced Scorecard Goal – “Zero SSO per 100 Miles/Month (Figure 9-6) to reflect data from 2018. Arturo Alvarez, Wastewater Manager 3/22/2019 Element 9 – Monitoring, Measurement and Program Modifications Added information regarding the City’s storage of hard copy files and electronic files contained on flash drives in the City’s Collection System Maintenance Building. Arturo Alvarez, Wastewater Manager 3/22/2019 Element 9 – Monitoring, Measurement and Program Modifications Addition of Figure 9-9: City of Fresno Gallons of Sewage Collected/Spilled Chart. Arturo Alvarez, Wastewater Manager 3/14/2019 Element 10 – SSMP Program Audits Updated verbiage to reflect current plans to audit SSMP either annually or bi-annually. Arturo Alvarez, Wastewater Manager 3/14/2019 Element 10 – SSMP Program Audits Updated average number of SSO’s per month for the year of 2018 to 1.42 per month, revised from 1.50 SSO’s per month in 2013. Arturo Alvarez, Wastewater Manager 3/20/2019 Element 10 – SSMP Program Audits Updated the performance measures that will be evaluated to measure the effectiveness of the SSMP, by removing the outdated SSO categories that were in place prior to September of 2013. Arturo Alvarez, Wastewater Manager 3/20/2019 Element 10 – SSMP Program Audits Updated verbiage to reflect 21 lift station alarms occurred in the last quarter of 2018. Arturo Alvarez, Wastewater Manager 3/22/2019 Element 10 – SSMP Program Audits Updated verbiage to reflect over 300 inspections of FSEs were conducted in 2018. Arturo Alvarez, Wastewater Manager 3/20/2019 Element 11 – Communication Updated to report that 50 FSE’s had been inspected during the last quarter of 2018, and Arturo Alvarez, Wastewater Manager Department of Public Utilities Wastewater Management Division Collection System Maintenance Program that 1,774 FSEs were permitted at that time. 3/14/2019 Appendix B Included newest version of Fresno Municipal Code of Ordinances, Chapter 6 Article 3 – Sewer and Wastewater Disposal Arturo Alvarez, Wastewater Manager 3/19/2019 Appendix C Updated Contact information and Vacuum Truck information on Sewer Bypass Procedure. Arturo Alvarez, Wastewater Manager 3/19/2019 Appendix C Added new Basin Cleaning Schedule and “Enhanced Maintenance” Cleaning Schedule. Arturo Alvarez, Wastewater Manager 3/22/2019 Appendix C Replaced Lift Station Maintenance Schedule with Annual Lift Station Inspection Checklist (Figure 4-4.) Arturo Alvarez, Wastewater Manager 3/14/2019 Appendix D Included the most recent DPW Standard Specifications. Also added Addendum No. 6, approving proposed revisions of Chapter 17- City of Fresno Standard Drawings related to Sewer Pipe and Appurtenances on August 28, 2015. Arturo Alvarez, Wastewater Manager 3/19/2019 Appendix E Updated SSO Emergency Response Notification Contact List. Arturo Alvarez, Wastewater Manager 3/19/2019 Appendix E Updated SSO Notification Contact List. Added contact information for Pinedale County Water District, Pinedale Public Utilities District, and Fresno State. Arturo Alvarez, Wastewater Manager 3/19/2019 Appendix E Updated Contact information and Vacuum Truck information on Sewer Bypass Procedure. Arturo Alvarez, Wastewater Manager 3/22/2019 Appendix G Removed outdated Capital Improvement Projects and included Capital Improvement Projects for FY19 and estimated 5-year upcoming budget projection. Arturo Alvarez, Wastewater Manager 3/21/2019 Appendix H Input current data relating to key performance measures for Category 1, 2, and 3 SSOs, SMB’s, Average Field Response Time, Average Cost of Sewer Mainline Cleaning, Miles of Sewer Mainline Cleaned, Miles of Sewer Mainline Video Inspected, and Average Cost of Video Inspection. Arturo Alvarez, Wastewater Manager Through continuous evaluation of the existing programs, future improvement plans will be developed to meet the State’s requirements while ensuring adequate capacity to meet future growth demands and proper allocation of resources for the operation, maintenance, and timely repair of the City’s sanitary sewer system. References Statewide General Waste Discharge Requirements for Sanitary Sewer Systems (Appendix A) E-3 City of Fresno – Department of Public Utilities Sewer System Management Plan (SSMP) 1.Goal The City of Fresno owns and maintains the wastewater collection system that serves the Fresno Metropolitan Area. The Department of Public Utilities ensures proper and adequate conveyance of sewer to the Fresno-Clovis Regional Wastewater Reclamation Facility and the North Fresno Wastewater Reclamation Facility through an effective Collection System Operation and Maintenance program and consistent update of the Wastewater Collection System Master Plan. In addition, the Department has the legal authority to enforce programs to control/minimize sewer blockages; and an efficient Emergency Response Plan to address sanitary sewer overflows. The City, through the Department of Public Utilities, is dedicated to achieve the following goals: •Minimize preventable Sanitary Sewer Overflows (SSOs) •Maintain an effective and timely SSO Response Plan •Proactively inspect/maintain all city-owned sewer collection infrastructure •Develop accurate database to determine and prioritize areas of major maintenance or rehabilitation needs •Implement an effective Fats, Oils and Grease (FOG) control Program •Implement and effective Root Control Program •Implement an adequate Sewer Collection Rehabilitation Program •Provide adequate sewer capacity to accommodate future growth through periodic Master Plan revisions •Develop a public outreach program addressing SSO prevention and the importance of sewer collection infrastructure •Provide a safe work environment for all operators of the Collection System “The Goal of the SSMP is to provide a plan and schedule to properly manage, operate, and maintain all parts of the sanitary sewer system. This will help reduce and prevent SSOs, as well as mitigate any SSOs that do occur.” (State Water Resources Control Board Order No. 2006-0003-DWQ, Statewide General WDR for Wastewater Collection Agencies) City of Fresno Sewer System Management Plan - 2019 8 2. ORGANIZATION Since January 7, 1997, the City of Fresno has a Mayor-Council form of government (Section 1503, Charter of the City of Fresno). The Council is the governing body of the City and vested with all powers of legislation on municipal affairs adequate to a complete system of local government consistent with the Constitution of the State. The City has seven elected Councilmembers representing seven Districts. One of the Councilmembers is elected President of the Council. The executive power of the City is vested in the Office of the Mayor. The Mayor has veto power for legislative and budgetary actions of the Council and it is responsible for providing leadership and efficient administration of all affairs of the City through the City Manager’s office. The Mayor also provides liaison between the City Manager’s Office and the Council. The City Attorney provides legal assistance and guidance to ensure legal authorities through existing ordinances and the Charter of the City. The City Manager is the Chief Administrative Officer heading the administrative branch of the city government. The City Manager oversees the operation of the various departments within the City’s organization. The Departments of Public Utilities, Public Works and Planning & Development have important roles in the SSMP. The Planning and Development Department oversees the issuance and review of building permits including installation of grease removal devices or other types of separators. It also provides code enforcement for applicable Fresno Municipal Code (FMC) violations. The Department of Public Works (DPW) provides guidance ensuring projects are constructed in accordance to current building codes and specifications. DPW ensures contract compliance and provides inspection for construction and maintenance projects. “The SSMP must identify: (a) The name of the responsible authorized representative as described in Section J of this Order (b) The names and telephone numbers for management, administrative, and maintenance positions responsible for implementing specific measures in the SSMP program. The SSMP must identify lines of authority through an organizational chart or similar document with a narrative explanation, and (c) The chain of communications for reporting SSOs, from receipt of a complaint or other information, including the person responsible for reporting SSOs to the State and Regional Water Board and other agencies if applicable (such as County Health Officer, County Environmental Health Agency, Regional Water Board, and/or State Office of Emergency Services (OES))” (State Water Resources Control Board Order No. 2006-0003-DWQ, Statewide General WDR for Wastewater Collection Agencies) City of Fresno Sewer System Management Plan - 2019 9 The following organization chart lists only the City departments and the Division related to the implementation of the SSMP. CITY OF FRESNO SEWER SYSTEM MANAAGEMENT PLAN IMPLEMENTATION ORGANIZATION CHART City of Fresno Sewer System Management Plan - 2019 10 The Department of Public Utilities (DPU) provides vital service to the community such as water, sewer collection and treatment and solid waste and sanitation services. Organizational changes to become more efficient resulted in Sewer Maintenance Division merging into Wastewater Management Division. Wastewater Management Division operates and manages most aspects of the City’s SSMP. The Wastewater Management Division (WMD) is responsible for the collection and treatment of sewer conveyed through the collection system and into the Fresno-Clovis Regional Wastewater Reclamation Facility (RWRF) and the North Fresno Wastewater Reclamation Facility (NFWRF). WMD’s Administration and Environmental Services establish goals, organizational roles and implementation responsibilities for the Sewer System Management Plan (SSMP). WMD implements the Fats, Oils and Grease (FOG) program through the Pretreatment Program and has the legal authority to enforce its requirements. WMD, through the Collection System Maintenance workgroup (CSM) is responsible to operate and maintain the collection system to ensure adequate sewer conveyance to the community. CSM manages the inspection, maintenance and minor repairs of the sewer collection system and related infrastructures. CSM is also responsible to respond to Sanitary Sewer Overflow (SSO) calls and subsequent notifications and plan of action to address the causes. Data gathered through preventive and reactive maintenance and assessment of sewer lines provides tools for monitoring, measurement and program modifications as well as regular updates of established performance measures. Utilities Planning & Engineering manages all sewer collection capital improvement projects that include rehabilitation of existing or construction of new pipelines throughout the City, sewer modeling and the update of the Wastewater Collection System Master Plan. Following is a list of representatives responsible to implement the SSMP: Name Title Phone Number Michael Carbajal Director DPU (559) 621-8600 Brian Spindor Assistant Director, DPU, WMD (559) 621-5100 Dejan Pavic Public Works/Public Utilities Manager – Licensed Engineer, DPU, DPW (559) 621-1620 Rosa Lau-Staggs Wastewater Manager, DPU, WMD (559) 621-5130 Arturo Alvarez Wastewater Manager, DPU, WMD (559) 621-1270 Shaun Bohling Wastewater Operations Supervisor, DPU, WMD (559) 621-5218 Steve Gibson Wastewater Operations Supervisor, DPU, WMD (559) 621-5213 Tolbert Campbell Wastewater Operations Supervisor, DPU, WMD (559) 621-1260 Tom Adams Wastewater Environmental Supervisor, DPU, WMD (559) 621-5140 Carla Watkins Business Manager, DPU, WMD (559) 621-5120 Perry Stofan Management Analyst II, DPU, WMD, (559) 621-1255 City of Fresno Sewer System Management Plan - 2019 11 (a) Responsible Authorized Representative: Arturo Alvarez, Wastewater Manager (b) Implementation of Specific Measures of the SSMP: SSMP Elements Responsibility Phone number 1. Goal Arturo Alvarez (559) 621-1270 2. Organization 3. Legal Authority 4. Operation and Maintenance Program Arturo Alvarez Shaun Bohling Steve Gibson Tolbert Campbell (559) 621-1270 (559) 621-5218 (559) 621-5213 (559) 621-1260 5. Design and Performance Provisions Dejan Pavic (559) 621-1620 6. Overflow Emergency Response Plan Arturo Alvarez Shaun Bohling Steve Gibson Tolbert Campbell (559) 621-1270 (559) 621-5218 (559) 621-5213 (559) 621-1260 7. FOG Control Program Rosa Lau-Staggs Tom Adams (559) 621-5130 (559) 621-5140 8. System Evaluation and Capacity Assurance Plan Dejan Pavic (559) 621-1620 9. Monitoring, Measuring and Program Modifications Arturo Alvarez Shaun Bohling Steve Gibson Tolbert Campbell (559) 621-1270 (559) 621-5218 (559) 621-5213 (559) 621-1260 10. SSMP Program Audits Arturo Alvarez Shaun Bohling Steve Gibson Tolbert Campbell (559) 621-1270 (559) 621-5218 (559) 621-5213 (559) 621-1260 11. Communication Program Rosa Lau-Staggs (559) 621-5130 (c) Chain of Communication for Reporting SSO’s SSO’s are referred by calling the City’s One Call Center (559) 621-2489 which is available 24 hours a day, 365 days per year. After hours, weekends or holidays, calls are automatically transferred to the after-hours exchange. Either the Call Center Representative or the Exchange will reach the on-call operator and relay the basic information gathered from the reporting party’s phone call. The on-call crew is expected to respond to the site within 1.0 hour after the call is received. Maintenance crews work on clearing up stoppages, flushing, vacuuming and inspecting the line. The area is properly sanitized to eliminate health hazards. Supervisors proceed with notification and reporting requirements as specified in the City of Fresno Sewer System Management Plan - 2019 12 Monit oring and Reporting Program (MRP) of the Statewide General W aste. Discharge Requirements for Sanitary Sewer Systems. SSO EMERGENCY RESPONSE – NOTIFICATION AND REPORTING PROCEDURES City of Fresno Sewer System Management Plan - 2019 13 ADDITIONAL REPORTING REQUIREMENTS • Reporting through CIWQS Online SSO Database: (http://ciwqs.waterboards.ca.gov) • SSO Technical Report to be submitted 45 calendar days after end day of a Category 1 if 50,000 gallons or more of untreated or partially treated wastewater is spilled to surface waters. • “No Spill” certification to be submitted within 30 calendar days of the end of the month when no SSO’s occurred. • Collection System Questionnaire to be updated and certified every 12 months. NOTIFICATION LIST • Office of Emergency Services Responder 800.852.7550 OES Control# 04-2631 916.845.8911 • Fresno County Health Dept. Specialist/ 559.600.3271 or After Hours Responder 559.600.3111 • RWQCB Daniel Benas 559.445.5500 • Fresno Metro Flood Control Jared Shuman 559.456.3292 • Fresno Irrigation District Jim Irwin 559.233.7161 • CA Dept. of Fish & WIldlife Asst. Chief John Baker 559.243.4005 • Department of Public Utilities Brian Spindor 559.621.5100 • Wastewater Management Rosa Lau-Staggs 559.621.5100 Environmental Services Tom Adams 559.621.5111 • City of Clovis Public Utilities Scott Redelfs 559.324.2600 • San Joaquin Air Pollution Jaime Holt 559.309.3336 • Krazan Associates Jeff Noel 559.348.2200 EXTERNAL REPORTING REQUIREMENTS City of Fresno Sewer System Management Plan - 2019 14 3.LEGAL AUTHORITY Chapter 6, Article 3 (Sewage and Water Disposal) of the Fresno Municipal Code (FMC) provides the necessary legal authority to: (a) Prevent illicit discharges into its sanitary sewer systems. i.FMC, Section 6-327. Discharge Prohibitions. (b) Require that sewers and connections be properly designed and constructed. i.FMC, Section 6-308. Sewer System Construction. (c) Ensure access for maintenance, inspection, or repairs for sewers maintained by the City. i.FMC, Section 6-322. Rights for Inspection and Sampling. (d) Limit the discharge of fats, oils and grease and materials that could cause sewer line blockage. i.FMC, Section 6-321.1 Fats, Oils and Grease (FOG) Control Program. ii.FMC, Section 6-327. Discharge Prohibitions. (e) Enforce any violation of its sewer ordinances. i.FMC, Section 6-323. Enforcement. ii.FMC, Section 6.324. Emergency Suspensions. iii.FMC, Section 6.325. Termination of Discharge. On May 20, 2008, the City of Fresno adopted amendments to Chapter 6 Article 3 as Bill No. B-30, Ordinance No. 2008-33, which became effective on June 22, 2008. The amendments clarify and consolidate existing language into a new chapter specific to fats, oils and grease control (FMC, Section 6-321.1. Fats, Oils & Grease (FOG) Control Program). In summary, the changes include: (a) Defining terms related to the FOG Control Program. (b) Adding the FOG Control Program in accordance with the General WDR. “Each Enrollee must demonstrate, through sanitary sewer system use ordinance, service agreements, or other legally binding procedures, that it possesses the necessary legal authority to: (a) Prevent illicit discharges into its sanitary sewer system (examples may include I/I, stormwater, chemical dumping, unauthorized debris and cut roots, etc.); (b) Require that sewers and connections be properly designed and constructed; (c) Ensure access for maintenance, inspection, or repairs for portions of the lateral owned or maintained by the Public Agency; (d) Limit the discharge of fats, oils, and grease and other debris that may cause blockages, and (e) Enforce any violation of its sewer ordinances.” (State Water Resources Control Board Order No. 2006-0003-DWQ, Statewide General WDR for Sanitary Sewer Systems) City of Fresno Sewer System Management Plan - 2019 15 i. Best Management Practices specific to the FOG Control Program are listed. ii. Pretreatment device requirements (either grease interceptors or grease traps) for specific establishments. iii. A waiver allowance for pretreatment devices under specific conditions to be collected as cost recovery charges for maintenance or cleanup of an FOG impacted sewer line. References Fresno Municipal Code; Chapter 6; Article 3 Sewage and Water Disposal. (Appendix B) City of Fresno Sewer System Management Plan - 2019 16 4. OPERATION AND MAINTENANCE PROGRAM (a) VIEWFresno (external) / iView (internal) is the Geographic Information Systems (GIS) based mapping and data presentation tool written and maintained by the City’s, Department of Public Utilities, Planning and Engineering (P&E). It integrates information from P&E (eng ineers’s drawings, as-builts, mapped in-ground assets), Hansen (work orders, service requests), PipeTech (video inspections), GPS and other systems. Different features are available in the internal and external versions, but the underlying data is the same. VIEWFresno/iView is continuously updated as assets are added, rehabilitated or abandoned and to correct any discrepancies verified by field staff. Over 225 layers can be loaded onto the map including Sewer Mains (gravity and force mains), Sewer Manholes, Lift Stations (drawings showing valves and pumps) and Flood Control Assets. Collection System “The SSMP must include those elements listed below that are appropriate and applicable to the Enrollee’s system: (a) Maintain an up-to-date map of the sanitary sewer system, showing all gravity line segments and manholes, pumping facilities, pressure pipes and valves, and applicable stormwater conveyance facilities; (b) Describe routine prevention operation and maintenance activities by staff and contractors, including a system for scheduling regular maintenance and cleaning of the sanitary sewer system with more frequent cleaning and maintenance targeted at known problem areas. The preventive Maintenance (PM) program should have a system to document scheduled and conducted activities, such as work orders; (c) Develop a rehabilitation and replacement plan to identify and prioritize system deficiencies and implement short-term and long-term rehabilitation actions to address each deficiency. The program should include regular visual and TV inspections of manholes and sewer pipes and a system for ranking the condition of sewer pipes and scheduling rehabilitation. Rehabilitation and replacement should focus on sewer pipes that are at risk of collapse or prone to more frequent blockages due to pipe defects. Finally, the rehabilitation and replacement plan should include a capital improvement plan that addresses proper management and protection of the infrastructure assets. The plan shall include a time schedule for implementing the short- and long-term plans plus a schedule for developing the funds needed for the capital improvement plan; (d) Provide training on a regular basis for staff in sanitary sewer systems operations and maintenance, and require contractors to be appropriately trained; and (e) Provide equipment and replacement part inventories, including identification of critical replacement parts.” (State Water Resources Control Board Order No. 2006-0003-DWQ, Statewide General WDR for Sanitary Sewer Systems) City of Fresno Sewer System Management Plan - 2019 17 Maintenance (CSM) crews have field access with the use of laptops. Appendix C, Figure 4-1 shows examples of various map settings available through the I-View portal. (b) The Wastewater Management Division, CSM workgroup is in the process of updating the Operation and Maintenance Manual (CSM-O&M Manual) that describes the various programs related to the preventive and corrective maintenance of the sanitary collection system and the assessment program for preventive or corrective measures (Appendix C). The CSM-O&M Manual holds standard operating procedures (SOPs) for equipment and instrument used for the maintenance of the collection system and contains the SSO Response Plan (SSORP). This document is an evolving document that will be updated when processes are revised or new ones are implemented and as needed to meet regulatory requirements. The City’s sanitary sewer system consists of approximately 1,600 miles of sewer mainlines, over 24,000 manholes and 15 lift stations. The service area is divided into 15 basins. Each basin has a specific cleaning schedule according to historical and recent findings. Following are the routine preventive maintenance practices conducted by staff and contractors: •Preventive Maintenance (Cleaning) Currently, routine cleaning (hydro flushing) for 6” to 15” mainline is on a schedule that is from 1 to 5 years depending on the material, historical data, and the operator’s feedback with regard to their evaluation after cleaning the mainline. Large mainlines 16” to 24” are currently done on an as needed basis. During this routine cleaning, manholes are also assessed for needed repairs and if necessary, routed to the CSM Corrective Crew. (Appendix C, Figure 4-2) •“Enhanced Maintenance Cleaning” More frequent maintenance is performed on critical sewers in identified problem areas known as High Frequency Cleaning. The High Frequency maintenance schedule is broken down into 15-, 30-, 60-, 90-, and 180- day intervals (Appendix C, Figure 4-3) When an asset has been identified as a recurring problem or potential for recurring problem, it is placed on the High Frequency Cleaning maintenance schedule. The Fats, Oils and Grease (FOG) stoppage map is one of the tools used to track problem areas (SSMP, Chapter 9. Monitoring, Measurement and Program Modifications. Figures 9-1, 9- 2, and 9-3) •Root Control Root intrusion to the infrastructure is addressed using chemical foaming (Metam-Sodium and Dichlobenil). Originally, root control was performed by a contractor however; CSM has transitioned to in-house treatments exclusively. Sewer mains, once assessed and found to have root intrusion will be added to the root control program. Prior to chemical treatment, the roots will be cut using a Switcher Nozzle, Chain Flail Root Cutter, or a Mechanical Rodder, depending on the severity. The schedule will follow the manufacturer’s recommendation: initial treatment, 1 year treatment, 2 year treatment, and ultimately remain on a 3 year treatment cycle that compliments the Preventative Maintenance Cleaning. City of Fresno Sewer System Management Plan - 2019 18 • Lift Stations Routine lift station maintenance is scheduled monthly or annually, depending on the lift station. (Appendix C, Figure 4-3). Each site is thoroughly inspected, pumps serviced, wet wells and valves cleaned and any needed repairs are made. Each lift station is monitored through a Supervisory Control and Data Acquisition (SCADA) system which provides remote access to view site status and transmits alarms to CSM staff. Corrective maintenance is performed in response to alarms. Database queries are used to monitor the number of alarms per month or year for performance measures. • CCTV Inspection CCTV inspections are conducted daily with the goal of inspecting the City’s entire collection system. Video inspections are also required on all new mainline installations, new service tie-ins, after a Sanitary Sewer Overflow (SSO), and after a Sewer Mainline Blockage (SMB). The data collected from the inspections is entered into PipeTech, which is a database that compiles information of the surveyed asset. Assets are rated by PipeTech in accordance to the National Association of Sewer Service Companies (NASSCO) Pipeline Assessment and Certification Program (PACP). • FOG The City has implemented a FOG program through the Pretreatment Program. The program is detailed in the SSMP, Chapter 7, FOG Control Program. • Work orders All work performed is documented using Hansen, a Computerized Asset Management System (Appendix C, Figure 4-5). Hansen Asset Management provides a comprehensive work order system for managing all types of maintenance work including service requests, scheduled preventive maintenance, and projects. Records are available dating back to May of 2006, the time in which Hansen was implemented. (c) The City has short-term and long-term sewer capital improvement and rehabilitation projects. These projects include repair, rehabilitation and construction of existing and new infrastructure to ensure the sustainability of the wastewater collection system. The City inspects sewer lines using CCTV and gathers the data in Pipetech (Appendix C, Figure 4-6). Data is used to assess and rank the condition of sewer lines and to schedule maintenance and repairs as needed. (d) • Short-term Funding is allocated every year to address short-term rehabilitation projects that could range from small spot repairs to larger line replacements. Spot repairs are done in- house or through an authorized contractor. • Long-term The City contracted an outside consulting firm to assist in developing the Wastewater Collection System Master Plan (Master Plan). The plan supports the City’s projected growth until the year 2025. One of the Plan’s specific objectives is to develop a capital improvement program that includes hydraulic projects as well as rehabilitation projects to address mainline and manhole corrosion. In 2013, the City approved an agreement with a contractor to update the 2006 Master Plan. (SSMP, Chapter 8. System Evaluation and Capacity Assurance Plan) City of Fresno Sewer System Management Plan - 2019 19 (e) Staff is required to attend training facilitated within the City and is encouraged to attend outside training events and conferences. New employees shadow more experienced staff in order to learn the proper operation and maintenance of equipment and facilities. Employees are also cross trained (rotated) on all equipment to ensure proper coverage, without interruption, in all aspects of the job. Safety training is critical to provide staff with a safe working environment. The City follows OSHA regulations providing safety training and safety tailgates on confined space, eye safety, safe work habits, heat illness, defensive driving, back safety (lifting), first aid, blood- borne pathogens, trailer safety and others. Technical training is also provided to develop staff and to keep abreast of new technology, industry updates, current and upcoming regulatory issues, policies and procedures and to improve process and efficiency. Training has been provided on the National Association of Sewer Services Company (NASSCO) Pipe Assessment Certification Program (PACP) and Manhole Assessment and Certification Program (MACP), Aries tractor school (CCTV equipment), sanitary sewer overflows, SSO-WDR compliance workshops, storm water pollution plan, competent person training/trench safety, excavator awareness, trenchless road show, implementation of FOG program, pesticide use, various CWEA trainings and workshops, etc. The City also encourages Collection System Maintenance Certification. Study materials are provided along with reimbursement of the testing fees after passing. (f) The City has a summary of critical spare parts inventory and a list of the major equipment used for collection system operation and maintenance. Service vehicles/equipment and parts are managed by the City’s Fleet Maintenance Division. Materials needed for spot repairs (pipe and couplings), manhole frame & covers, flusher hose, leader hose, tiger tails and PPE are continuously stocked. Portable lift station silent pumps and generators along with traffic control equipment are maintained and available for emergency. References WMD-CSM Operation and Maintenance Manual (Appendix C) • Collection System Mapping – I-View. Figure 4-1 • Collection System Maintenance Basin Cleaning Schedule. Figure 4-2 • “Enhanced Maintenance” Cleaning Schedule. Figure 4-3 • Annual Lift Station Inspection Checklist Figure 4-4 • Work Order Report. Figure 4-5 • Video Inspection Report for Spot Repair. Figure 4-6 City of Fresno Sewer System Management Plan - 2019 20 5.DESIGN AND PERFORMANCE PROVISIONS The City minimizes occurrences of SSO’s due to hydraulic loading by ensuring current and future sewer flows do not exceed the design capacity of the sewer lines at peak flow based on estimated full build out of the area and according to the City’s General Plan. To avoid surcharge of the sewer system that may result in an SSO, pipes will be sized to carry peak flows with the pipe flowing at no more than 0.8 of the pipe diameter using the Manning’s Equation. All sewers shall be designed to have a slope which will give a mean velocity at design of no less than 2.0 feet per second based on the Manning's Equation using an "n" value of 0.013. Minimum velocity, if approved by the Director of Public Utilities or designee shall be no less than 1.5 feet per second at a design capacity. Slope requirements shall be followed to ensure self- cleansing and self-oxidizing velocities in order to avoid significant generation of hazardous, odorous and corrosive sulfur compounds. The following peaking factors shall be utilized in the design of sewer mains: Peak Factor Pipe Size 3.0 8” 2.5 10” 2.0 12” to 21” 1.8 24” to 36” 1.7 39” to 54” 1.6 60” to 84” No gravity sewer main shall be less than 8 inches in diameter (implemented August 2002), and no laterals shall be less than 4 inches. (a) The City defines construction standards and specification criteria for the installation and rehabilitation of sanitary sewer systems. The City’s technical library Standard Specifications of the Department of Public Works provides information on installation of sanitary sewer pipe and appurtenances describing: •Standard materials. •Trench and structure excavation and backfill. “ (a) Design and construction standards and specifications for the installation of new sanitary sewer systems, pump stations and other appurtenances; and for the rehabilitation and repair of existing sanitary sewer systems; and (b) Procedures and standards for inspecting and testing the installation of new sewers, pumps, and other appurtenance and for rehabilitation and repair projects.” (State Water Resources Control Board Order No. 2006-0003-DWQ, Statewide General WDR for Sanitary Sewer Systems) City of Fresno Sewer System Management Plan - 2019 21 • Pipe installation. • Foundation, bedding, backfilling and compaction of trenches. • Connection of service laterals. • Installation of sewer house branches. • Manhole construction and drop sewer connections. (b) Testing specifications and procedures for each of the above mentioned areas are stated in the Standard Specifications. In addition, there is specific language for the following: • Deflection test for sewer lines. • Leakage test of sewer lines and service laterals. • Television inspection of interior of installed pipe. On June 25, 2015, the Department of Public Works approved proposed revisions of the City of Fresno Standard Drawings related to Sewer Pipe and Appurtenances. Revisions were as follows: S-2 Added minimum collar width of 12” (Typ.) Revised General Note 2 regarding lining and coating material. S-3 Added minimum collar width of 12” (Typ.) Added note to drawing on manhole frame and cover regarding 27” diameter pipes. S-4 Added minimum collar width of 12: (Typ.) Revised Note 3 regarding lining and coating material. S-5B Added Note 8 regarding placement of manhole cover opening. S-7 Replace “S-7” with “S-7A and S-7B” S-8 Changed house branch Tee Fitting material to SDR35 to match uniform plumbing code. Changed compression fitting to Gasket PVC Hub. Added “Total gap not to exceed ½” note to ensure proper connection is made. S-9 Clarified Note 4 regarding maximum extension of the saddle into the sewer main. S-10 Replace “Ref. Std. Dwg. P-40” with “Ref. Std. Dwg. P-48” S-11A Added note to “Min. Model Height” to address heights less than minimum. S-12 Correction to Note 2. References City of Fresno, Department of Public Works, Standard Specifications Chapter 17-Sanitary Sewer Pipe and Appurtenances. (Appendix D) City of Fresno Standard Drawings. (Appendix D) City of Fresno Sewer System Management Plan - 2019 22 6. OVERFLOW EMERGENCY RESPONSE PLAN The City of Fresno Wastewater Management Division, Collection System Maintenance (CSM) developed an Overflow Emergency Response Plan (CSM-OERP) as part of the CSM Operation and Maintenance Manual. The CSM-OERP is designed to assist and train staff in the proper procedures to address sanitary sewer overflows (SSOs) from the time staff is made aware of the event and through assessment, clean- up, notification, follow up and record keeping processes (Appendix E). The CSM-OERP ensures steps are followed consistently to eliminate or minimize public health hazards, property damage, water quality impacts and the inconvenience of service interruptions. (a) The City of Fresno Wastewater Management Division (WMD), CSM workgroup is available 24 hours a day, 7 days a week to respond to SSOs. Service calls are reported to the City of Fresno One Call Center. Call Center Representatives answering phone calls related to sewer spills or sewer problems are trained on gathering the information needed and promptly conveying it to the CSM first responders. After hours, the phones are transferred to an answering service which relays all sewer related calls to stand-by staff via telephone. The answering service is provided with a list of secondary contacts in case the primary respondent cannot be reached. Additionally, City of Fresno citizens may also report sewer related issues via the FresGo app. The information is input directly into the app by the customer, who also has the option “Each Enrollee shall develop and implement an overflow emergency response plan that identifies measures to protect public health and the environment. At a minimum, this plan must include the following: (a) Proper notification procedures so that the primary responders and regulatory agencies are informed of all SSOs in a timely manner; (b) A program to ensure an appropriate response to all overflows; (c) Procedures to ensure prompt notification to appropriate regulatory agencies and other potentially affected entities (e.g. health agencies, Regional Water Boards, water suppliers, etc.) of all SSOs that potentially affect public health or reach the waters of the State in accordance with the MRP. All SSOs shall be reported in accordance with this MRP, the California Water Code, other State Law, and other applicable Water Board WDRs or NPDES permit requirements. The SSMP should identify the officials who will receive immediate notification; (d) Procedures to insure that appropriate staff and contractor personnel are aware of and follow the Emergency Response Plan and are appropriately trained; (e) Procedures to address emergency operations, such as traffic and crowd control and other necessary response activities; and (f) A program to ensure that all reasonable steps are taken to contain and prevent the discharge of untreated and partially treated wastewater to waters of the United States and to minimize or correct any adverse impact on the environment resulting from the SSOs, including such accelerated or additional monitoring as may be necessary to determine the nature and impact of the discharge.” (State Water Resources Control Board Order No. 2006-0003-DWQ, Statewide General WDR for Sanitary Sewer Systems) City of Fresno Sewer System Management Plan - 2019 23 of attaching pictures to the request. Once submitted, a Service Request Number is generated, and the stand-by staff member receives an automated notification that a new request has been submitted. The stand-by staff is provided with a City vehicle and a City cell phone to ensure timely response. Staff follows the Monitoring and Reporting Program for the Statewide General Waste Discharge Requirements for Sanitary Sewer Systems, Order NO. WQ 2013-0058 EXEC, specifically Table 2- Notification, Reporting, Monitoring, Record Keeping Requirements and as referenced in the CSM-SSORP. (b) The Wastewater Management Division, CSM workgroup maintains an Overflow Emergency Response Plan (CSM-OERP) which addresses procedures to properly respond to SSOs including but not limited to investigation, main line assessment, traffic control, corrective action, volume estimation, clean-up, sampling of receiving waters, notification and incident documentation. Staff uses an SSO Check List (Figure 6-1) to ensure notifications, reporting and document filing is properly and timely completed. (c) The WMDs CSM-OERP Section (V)(B), SSO Notification Contact List, is followed to ensure prompt notification to regulatory agencies. The CSM-OERP directly references the State Water Resources Control Board Monitoring and Reporting Program No. 2006-0003-DWQ (Revised Order No. WQ 2013-0058-Exec), the California Water Code, California Health and Safety Code and requirements placed on us by the Regional Water Quality Control Board (RWQCB). In addition, the SSO Notification Contact List contains information of other non-regulatory entities that could be impacted by a SSO event (Figure 6-2) (d) Staff is made aware of the CSM-OERP and is trained on the procedures on a routine basis. The City’s Technical Library for Standard Specifications requires contractors to exercise every reasonable precaution to protect channels, storm drains and bodies of water from pollution. The City’s Construction Management Division requires contractors to develop their own SSO Prevention and Response plan. In addition, all contractors shall comply with provisions of all applicable laws, ordinances and regulations. (e) The CSM-OERP provides guidelines to address emergency operations. Back-up coverage, in the form of personnel and/or equipment, is provided to ensure all possible situations are adequately managed. Listed under emergency rentals are Rain for Rent (pumps & aluminum pipe) and Alert-O-Lite (traffic control, trench plates, shoring & equipment rental). All staff have completed the Traffic Control Technician Training Course taught by Safety Center Incorporated. The City’s Police and Fire Departments are also available to assist in traffic and crowd control situations that are beyond the scope of the Division personnel. (f) The CSM-OERP provides guidelines to minimize sewage from reaching waters of the state. First responders assess the area impacted by the SSO identifying receiving waters, watercourse and storm drainpipe inlets. Containment of the SSO is done using sandbag barriers to stop sewage from entering storm drainpipe inlets. If necessary, Fresno Metropolitan Flood Control District can be contacted for access to basins feeding into the San Joaquin River. Initial and follow-up water quality sampling will be performed by a consultant (Krazan & Associates). City of Fresno Sewer System Management Plan - 2019 24 Figure 6-1. SSO Check List City of Fresno Sewer System Management Plan - 2019 25 References Overflow Emergency Response Plan (Appendix E) City of Fresno Sewer System Management Plan - 2019 26 7.FOG CONTROL PROGRAM (a) The City of Fresno has launched several public information campaigns to educate the public on the proper disposal of fats oils and grease (FOG). “The Drain is not a Trash Can” / “Scrape it Don’t Grind It” (2005), “Trash the Grease” (2011) and “If It’s Not Toilet Paper, Don’t Flush It” (2013) were campaigns developed to raise awareness of the impact of improper disposal of products down drains or toilets that could build up in pipes and cause sewer backups. These campaigns also developed posters for food services establishments (FSEs) listing Best Management Practices (BMPs) for proper disposal of yellow grease, food waste or brown grease. BMPs are distributed during FSEs inspections and are required to be posted at visible locations for employee awareness. In addition, brochures, refrigerator magnets, door hangers and bill inserts with the campaign slogans and BMPs are used to convey the message. Each year, the City strategically places FOG outreach information for the general public through radio, television and newspaper ads during Holidays such as Thanksgiving and Christmas, when potential to sewer backups due to grease are at its highest. In addition, the City uses “Utility Zone,” a monthly bill insert, to promote proper disposal of FOG. Information (including a Fats, Oils and Grease Fact Sheet) is posted on the City’s website: https://www.fresno.gov/publicutilities/trash-disposal-recycling/fats-oils-grease/ (b) The Collection System Maintenance (CSM) workgroup maintains the sanitary sewer system through a preventive maintenance program. Grease and debris found during scheduled or unscheduled maintenance of main sewer lines are vacuumed and disposed of at a designated site located at the Fresno-Clovis Regional Wastewater Reclamation Facility (RWRF). “Each Enrollee shall evaluate its service area to determine whether a FOG control program is needed. If an Enrollee determines that a FOG program is not needed, the Enrollee must provide justification for why is not needed. If FOG is found to be a problem, the Enrollee must prepare and implement a FOG source control program to reduce the amount of these substances discharged to the sanitary sewer system. This plan shall include the following as appropriate: (a) An implementation plan and schedule for a public education outreach program that promotes proper disposal of FOG; (b) A plan and schedule for the disposal of FOG generated within the sanitary sewer system service area. This may include a list of acceptable disposal facilities and/or additional facilities needed to adequately dispose of FOG generated within a sanitary sewer service area; (c) The legal authority to prohibit discharges to the system and identify measures to prevent SSOs and blockages caused by FOG; (d) Requirements to install grease removal devices (such as traps or interceptors), design standards for the removal of devices, maintenance requirements, BMP requirements, record keeping and reporting requirements; (e) Authority to inspect grease producing facilities, enforcement authorities, and whether the Enrollee has sufficient staff to inspect and enforce the FOG ordinance; (f) An identification of sanitary sewer system sections subject to FOG blockages and establishment of a cleaning maintenance schedule for each section; and (g) Development and implementation of source control measures for all sources of FOG discharged to the sanitary sewer system for each section identified in (f) above.” (State Water Resources Control Board Order No. 2006-0003-DWQ, Statewide General WDR for Wastewater Collection Agencies) City of Fresno Sewer System Management Plan - 2019 27 FSEs dispose of their “yellow grease” through recycling companies. Interceptors or grease traps with “brown grease” are required to be cleaned at least quarterly or more often if deemed necessary after an FSE inspection. This is done by haulers certified by the State of California and Fresno County Health Department. The County requires haulers to indicate disposal location(s) and tracks their activities and manifests to ensure proper and legal disposal of the contents of the interceptor. Since 2012, the RWRF accepts waste from FSEs which goes into an Anaerobically Digestible Material (ADM) Receiving Station for the purpose to generate additional methane gas for reuse. RWRF permits FOG waste haulers disposing into the facility and ensures FSEs are utilizing a hauler permitted by the State regardless of their final disposal place. (c) The Fresno Municipal Code carries the legal authority to enforce existing mandates to ensure proper management and disposal of grease waste as well as the authority to inspect, permit and /or issue penalties or administrative fines to business if found in violation of the code. The City has issued notices of violation with administrative penalties and cost recovery charges to businesses found not in compliance with the Code or illegally dumping debris in the sewer system (Figure 7-1). (d) The Fresno Municipal Code requires installation of pretreatment devices such as grease removal equipment for all food service establishments. In addition, it lists specific BMPs to be followed by staff with specific requirements such as signage, permits, maintenance records, inspection and reporting requirements as specified in the Wastewater Discharge Permit (e) The Fresno Municipal Code gives the authority to inspect and permit food service establishments. The code also gives authority to address violations with Administrative Penalties. The City ensures enough staff is allocated to meet inspection and permitting goals for the fiscal year. Over 300 FSEs are inspected and permitted annually. The “Food Service Establishment Site Inspection Form” (Figure 7-2) helps assess the condition of the establishment’s grease removal devices, frequency of cleaning, best management practices and proper disposal of their waste. The “Food Service Establishment Wastewater Discharge Permit” (Figure 7-3), is issued after the site inspection and provides a list of requirements for the business to follow including the frequency in which the grease removal equipment should be maintained. (f) Data from sewer line inspections is entered into the “FOG Program Report,” a spreadsheet with information of sewer mains blockages caused by grease. This report summarizes information on failure analysis (cause), response time, responding staff, and maintenance required or performed for inspected sewer infrastructure. Data from this spreadsheet is used to graph and determine trends that will help identify cleaning frequency for critical and non-critical areas and will prioritize the schedule for manhole inspection, chain flail, video inspection, chemical root control, grease control and sewer line spot repairs. The program tracks areas of high maintenance defined as “Enhanced Maintenance” cleaning areas. Each quarter, the list is updated and locations are given priority for maintenance and inspection. Results are tracked and trended to evaluate status and/or improvement. (g) The City of Fresno’s Pretreatment Program includes a Chapter addressing Fats Oils and Grease with requirements to inspect and permit all food service establishments. Inspecting and permitting areas of concern is prioritized according to the areas of higher maintenance needs. Sewer line blockages due to excessive grease accumulation are investigated to find the possible location/business or residential area causing the problem. Follow up investigations will determine if door hangers for residential outreach or a full inspection and permitting for a business is needed to eliminate the cause of the grease build up and improve the condition of the line. References: Fresno Municipal Code; Chapter 6; Article 3 Sewage and Water Disposal; Sec 6-321.1 Fats, Oil and Grease (FOG) Control Program. (Appendix B) City of Fresno Sewer System Management Plan - 2019 28 Figure 7-1. Notice of Violation City of Fresno Sewer System Management Plan - 2019 29 Figure 7-2. Food Service Establishments - Site Inspection Form City of Fresno Sewer System Management Plan - 2019 30 Figure 7-3. Food Service Establishment - Wastewater Discharge Permit City of Fresno Sewer System Management Plan - 2019 31 8.SYSTEM EVALUATION AND CAPACITY ASSURANCE PLAN The City of Fresno owns and maintains the wastewater collection system comprised of approximately 1,606 miles of pipe ranging from 4” to 84” in diameter, over 24,000 manholes and 15 sanitary sewer lift stations. The City prepared a Wastewater Collection System Master Plan (Master Plan) to enable the City to continue providing adequate sewer capacity for current and future customers. According to the 2025 General Plan, the city’s population will increase from 482,000 in year 2000 to 790,000 in 2025. The goal of the project is to develop a long-range planning document that will assist the City’s staff with managing the collection system capital improvement program and update impact and connection fees. Specific objectives of the project include: •Identifying and evaluating improvements to the existing and future collection system necessary to serve proposed growth; •Developing a comprehensive capital improvement program that includes hydraulic projects as well as rehabilitation projects to address corrosion: and “The Enrollee shall prepare and implement a capital improvement plan (CIP) that will provide hydraulic capacity of key sanitary sewer system elements for dry weather peak flow conditions, as well as the appropriate design storm or wet weather event. At a minimum, the plan must include: (a) Evaluation: Actions needed to evaluate those portions of the sanitary sewer system that are experiencing or contributing to an SSO discharge caused by hydraulic deficiency. The evaluation must provide estimates of peak flows (including flows from SSOs that escapes from the system) associated with conditions similar to those causing overflow events, estimates of the capacity of key system components, hydraulic deficiencies (including major components of the system with limiting capacity) and the major sources that contribute to the peak flows associated with overflow events; (b) Design Criteria: Where design criteria do not exist or are deficient, undertake the evaluation identified in (a) above to establish appropriate design criteria; and (c) Capacity Enhancement Measures: The steps needed to establish a short- and long-term CIP to address identified hydraulic deficiencies, including prioritization, alternatives analysis and schedules. The CIP may include increases in pipe size, I/I reduction programs, increases and redundancy in pumping capacity, and storage facilities. The CIP shall include an implementation schedule and shall identify sources of funding. (d) Schedule: The Enrollee shall develop a schedule of completion dates for all portions of the capital improvement program developed in (a)-(c) above. This schedule shall be reviewed and updated consistent with SSMP review and update requirements as described in Section D. 14.” (State Water Resource Control Board Order No. 2006-0003-DWQ, Statewide General WDR for Wastewater Collection Agencies) City of Fresno Sewer System Management Plan - 2019 32 •Reviewing impact and connection fees for adequacy to recover rehabilitation and growth costs. The City’s recognizes the need for a Master Plan to be used as a comprehensive planning tool to help determine existing and future sewer capacity needs. The Master Plan is updated on a five-year frequency, or sooner if significant changes to the planning assumption occur. Revision to the Master Plan was done in 2006 by Brown and Caldwell. The revision included: •Review of the City’s physical collection system, including local drainage basins, pipes, and special diversion structures (Chapter 2); •Review of all current and future land use (Chapter 3); •Development of current and projected flow rates during dry and wet weather and evaluation of how much extra flow from rainfall is present (Chapter 4); •Development of a state-of -the art fully dynamic model (Chapter 2); •Hydraulic analysis of the system under current and future conditions (Chapter 5); •Development of a Capital Improvement Program, prioritization and cost estimates for projects to address existing and future needs including rehabilitation projects (Chapter 6); •Financial analysis of the impacts of the recommended projects; •Evaluation of collection system maintenance programs. In July 2010, and as part of the 2006 Master Plan Revision, Blair Church and Flynn documented for the City the conditions of 17.5 miles of reinforced concrete pipe, standard concrete pipe and asbestos-cement pipe sewers from 12 inches up to (not including) 27 inches in diameter. This evaluation was done using detailed information from CCTV inspections performed from 2005 through 2009. This report provided the basis for sewer remediation recommendations for approximately 11 miles of sewer lines. On July 2, 2013, the City Council approved an agreement with Carollo Engineers for the update of the 2006 Master Plan with three major components: 1.Development of an accurate flow model. 2.Periodic condition assessment of the existing collection system. 3.Development of a prioritized schedule of future capital improvement projects to be completed over the next 25 years. The City developed an “all-pipe” model of the existing collection system within the H2OMAP Sewer Hydraulic Modeling Software package developed by Innovyze. Part of the Master Plan is to review the existing hydraulic model and refine it with additional information from field surveys, details of critical diversion manholes, details of lift station infrastructures, development of diurnal patterns for specific areas for industrial users and development of wet weather flow parameters specific to each flow monitoring basin. In January 2014, Carollo Engineers presented a draft Wastewater Collection System Master Plan Update, Technical Memorandum No.1 describing the update and calibration of the City’s collection system hydraulic model. The final draft was completed in September of 2015. City of Fresno Sewer System Management Plan - 2019 33 Each year, Sewer Capital Projects costs with a five-year projection model are analyzed during budget preparation and presented to Council for approval. FY2019 Collection Capital Projects shows a summary and a detailed breakdown of sewer projects including main line and lift stations emergency repairs, lift station scheduled rehabilitation projects, manhole and mainline rehabilitation and other sewer collection improvement projects with an estimated 5-year budget projection. Each project is managed by the Utilities Planning & Engineering workgroup. References: Wastewater Collection System Master Plan – 2006 (Appendix F-Disk) Wastewater Collection System Master Plan – 2015 Final Draft (Appendix F-Disk) CCTV Inspection and Evaluation for Mid-Sized Concrete Sewers – (WMD CSM Library) FY19 Budget for Sewer Capital Projects- (Appendix G) City of Fresno Sewer System Management Plan - 2019 34 9.MONITORING, MEASUREMENT, AND PROGRAM MODIFICATIONS (a) The City of Fresno maintains information in various databases and spreadsheets that helps establish areas of priority for adequate maintenance of the collection system. Records are analyzed for trends that indicate potential failure of the system from deterioration, blockages and other factors. Databases integrated with geographic information systems, work order management programs and finance systems greatly enhance the effective management of the collection system. Following are documents/programs used to collect data that help establish maintenance priorities: Databases: •Hansen - Computerized Maintenance Management System (CMMS). •PipeTech Software. •i-View Geographic Information System Wastewater Management Division – Web-Based Query Applications: •Hansen Work Order Cost Query Tool •Monthly Average Response Time. •Daily Hansen Pipe/Water Query •Date Range Hansen Pipe/Water Query •Parts and Materials Expenses per Quarter. •Pipe Rating Assessment. Collection System Maintenance Electronic Files: •“Basin Cleaning Cycle” – Excel Spreadsheet outlining Preventative Maintenance Cleaning Cycle. •“High Frequency List” – Excel Spreadsheet listing Maintenance Schedule for “Enhanced Maintenance” cleaning areas. “The Enrollee shall: (a) Maintain relevant information that can be used to establish and prioritize appropriate SSMP activities; (b) Monitor the implementation and, where appropriate, measure the effectiveness of each element of the SSMP; (c) Assess the success of the preventive maintenance program; (d) Update program elements, as appropriate, based on monitoring or performance evaluations; and (e) Identify and illustrate SSO trends, including: frequency, location, and volume.” (State Water Resources Control Board Order No. 2006-0003-DWQ, Statewide General WDR for Wastewater Collection Agencies) City of Fresno Sewer System Management Plan - 2019 35 • “Mile per Work Day per Month” – Excel Report documenting cleaning performance. All preventive and corrective maintenance uses the sewer line ratings from the CMMS. Pipeline Assessment Certification Program coding is stored in PipeTech as sewer lines are video inspected. I-View, a customized geographic information system, links all of the databases within the mapping system. In addition, data is maintained in electronic files and is used to graph trends that will help identify problem areas, determine the cause of the problem, schedule maintenance priorities and provide information for the Division’s performance measures. (b) The City’s SSMP is a comprehensive and evolving document that is revised as evaluation of the collection system is performed on a routine basis. Overall performance is evaluated and reported to management during monthly and quarterly reviews. Self-audits of the SSMP are performed on an annual basis and schedules for preventive or corrective maintenance are adjusted according to the needs. Performance measures related to the SSMP are reviewed and revised on a yearly basis during the self-audit. (c) The City maintains the sewer collection system through scheduled, periodic inspection and cleaning of the sewer lines and lift stations. Root control is done in-house, on a scheduled basis, in areas with known root issues. Video inspection is performed on sewer lines to assess conditions previous to repair. Lift stations are on a SCADA system that sends alarms to Collection System Maintenance Operators when levels reach warning set points. Data is maintained in electronic files for trending of maintenance and repair needs. Preventive inspection of mainlines has resulted in early detection of collection system failures. Sewer lines are repaired on a preventive rather than an emergency basis. Due to regulatory prohibition of SSOs by the WDR-SSS, preventive maintenance of sewer lines is high in priority with a focus on “Enhanced Maintenance” areas. Sewer lines up to 15” are scheduled to be performed once a year and lines 16”- 24” are done every two years. “Enhanced Maintenance” areas are scheduled on 30-. 60-, 90-, 180- and 365-day intervals. Training and use of new technology is encouraged. The efficiency on day-to- day tasks have improved due to the use of laptops that allows accessing databases through the I-View portal in the field. Inspections of Food Service Establishments (FSE) were performed under the Pretreatment Program totaling over 1,300 FSEs inspected on a 4-year period. By the end of 2013 Wastewater Discharge Permits were issued to all inspected FSEs requiring scheduled maintenance of grease traps and interceptors as well as implementation of Best Management Practices. One of the indicators used to assess the success of the current preventive maintenance program can be summarized with the “FOG Program Report.” This report shows the trend of sewer main blockages caused by FOG between a running period from 2004 through 2008 and from 2009 through 2013. The report summarizes information on failure analysis (cause), response time, responding staff, and maintenance required or performed for inspected sewer infrastructure. The first period running from 2004 through 2008 showed approximately 412 sewer main blockages within the City limits. The following period running from 2009 through 2013 showed improvement with only 160 blockages. The City has maintained this improvement for 2014 through 2018, with only 154 blockages. City of Fresno Sewer System Management Plan - 2019 36 Lift Station preventive maintenance is scheduled on a 90-day basis. The SCADA system was moved to Wastewater Management Division’s control. Updates of the programming improved the alarm response system decreasing the number of false alarms. Lift station alarms reaching levels as high as 106 for the last quarter of 2012 decreased to 45 for the last quarter of 2013. There were 21 lift station alarms in the last quarter of 2018. Figures 9-1, 9-2, 9-3 and 9-4 show sewer problem areas mapped according to plats and the difference between the periods ending 2008, 2013 and 2018. Figure 9-1. Sewer Main Line Blockages due to FOG- Period 2004-2008 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 04 1 thru 4 0457 0458 0459 0460 0461 0462 04 05 5 thru 8 0557 0558 0559 0560 0561 0562 05 06 9 thru 15 0657 0658 0659 0660 0661 0662 06 07 16 thru 25 0755 0756 0757 0758 0759 0760 0761 0762 07 08 FROM 2004-2008 0855 0856 0857 0858 1 0860 0861 0862 08 09 0954 0955 0956 1 0958 0959 0960 0961 0962 09 10 1054 1055 1 1057 1058 1059 1060 1061 1062 10 11 1143 2 1 1146 1147 1148 1149 1 1151 1152 1153 2 1 1156 1 1158 1159 1160 1161 1162 11 12 1242 1243 1244 1 1 1247 1248 1249 1250 1251 1252 1253 1254 1255 3 1257 1258 1 1260 1261 1262 12 13 1341 1342 1343 1344 1345 1346 1347 1348 1349 1350 1351 1352 1353 1354 1355 1356 1357 2 1359 1360 1361 1362 1363 13 14 1441 1442 1 1444 1445 1446 1447 1448 1449 1450 1451 1452 1453 1454 1455 1456 1 1458 1459 1460 1461 1462 1463 14 15 1541 1542 1543 1544 1545 1 1547 1548 1549 1550 1551 1 1 1554 1555 1556 1 1 0 1560 1561 1562 1563 15 16 1641 1642 6 1644 1645 1646 1647 1648 1649 1 1651 1652 1653 1654 1655 1 1657 1 1659 1660 1661 1662 1663 16 17 1741 1742 1743 1744 1745 1746 1747 1748 1749 1750 5 1 1 1754 1 4 1757 2 2 1760 1761 1762 1763 1764 1765 1766 1767 17 18 1841 1842 1843 1844 1845 1846 1847 1 1849 1850 1851 3 1853 1854 1 1 2 1 7 1 1 1862 1863 1864 1865 2 1867 18 19 1941 1942 1943 1944 1945 1946 1947 1 1 1950 1951 1 1953 1954 1955 2 2 1958 2 1960 1961 1962 1963 1964 1 1 1967 1968 19 20 2042 2043 2044 2045 2046 1 2048 2049 4 1 2 4 3 5 2 2 1 1 2 1 2062 2063 2064 2065 2066 2067 2068 2069 20 21 2142 2143 2144 2145 1 1 2148 2149 2150 2 1 1 8 5 1 2 2 2159 1 2161 2162 2163 2164 2165 2166 3 2168 2169 2170 21 22 2242 2243 2244 2245 2246 2247 2248 2249 2250 4 2252 2253 16 4 4 4 2258 2259 1 2261 2 2 2264 2265 2266 2267 2268 2269 2270 22 23 2342 2343 1 2345 2346 2347 2348 2349 2350 2351 3 4 7 7 3 3 5 2259 2360 2361 2362 2 1 2365 2366 2367 2368 2369 23 24 2442 2443 2444 2445 2446 2447 2448 2449 2450 2451 5 6 6 5 1 1 4 2 2 1 2462 2463 2464 2465 2466 2467 2468 2469 24 25 2542 2543 2544 2545 2546 2547 2548 2549 2550 2551 1 2 1 10 7 1 3 5 6 1 2562 2563 2564 2565 2 2567 2568 2569 25 26 2642 2643 2644 2645 2646 2647 2648 2649 1 2651 1 1 2 8 2656 2657 1 1 2660 7 2 2663 2664 1 2 2667 2668 2669 26 27 2742 2743 2744 2745 2746 2747 2748 2749 2750 2751 2752 6 6 13 2756 9 1 4 2760 3 1 2763 2 2765 1 2767 2768 2769 27 28 2842 2843 2844 2845 2846 2847 2848 2849 2750 2851 1 2853 4 2 2856 1 15 5 2860 1 2862 2863 2864 2865 2866 2867 2868 2869 28 29 2942 2943 2944 2945 2946 2947 2948 2949 2950 2951 2952 2 1 2955 2 2 2958 2959 1 1 2962 2963 2964 2965 1 1 2968 2969 29 30 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 1 3060 1 1 3063 3064 1 3066 1 3068 3069 30 31 3142 3143 3144 3145 3146 3147 3148 3149 3150 3151 3152 3153 3154 7 3156 3157 3158 3159 3160 3161 3162 3163 3164 3165 31 32 3242 3243 3244 3245 3246 3247 3248 3249 3250 3251 3252 3253 3254 3255 3256 3257 3258 3259 3260 3261 3262 3263 3264 3265 32 33 3354 4 3356 3357 3358 3359 3360 3361 33 34 3454 3455 3456 3457 3458 3459 3460 3461 34 35 3558 3559 3560 3561 35 36 3658 3659 3660 3661 36 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 NUMBER OF MAINLINE STOPPAGES City of Fresno Sewer System Management Plan - 2019 37 Figure 9-2. Sewer Main Line Blockages due to FOG- Period 2009-2013 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 04 1 thru 4 0457 0458 0459 0460 0461 0462 04 05 5 thru 8 0557 0558 0559 1 0561 0562 05 06 9 thru 15 0657 0658 0659 0660 0661 0662 06 07 16 thru 25 0755 0756 0757 1 0759 0760 0761 0762 07 08 FROM 2009 TO 2013 0855 0856 0857 0858 0859 0860 0861 0862 08 09 0954 0955 0956 0957 0958 0959 0960 0961 0962 09 10 1054 1055 1056 1057 1058 1059 1060 1061 1062 10 11 1143 1144 1 1146 1147 1148 1149 1150 1151 1152 1153 1154 1155 1156 1157 1158 1159 1160 1161 1162 11 12 1242 1243 1244 1245 1246 1247 1248 1249 1250 1251 1252 1253 1254 1255 1256 1257 1258 1259 1260 1261 1262 12 13 1341 1342 1343 1344 1345 1346 1347 1348 1349 1350 1351 1352 1353 1354 1355 1356 1357 1358 1359 1360 1361 1362 1363 13 14 1441 1442 1443 1444 1445 1446 1447 1448 1449 1450 1451 1452 1453 1454 1455 1456 1457 1458 1459 1460 1461 1462 1463 14 15 1541 1542 1543 1544 1545 1546 1 1548 1549 1550 1551 1552 1553 1554 1555 1556 1 1 1 1560 1561 1562 1563 15 16 1641 1642 1643 1644 1645 1646 1647 1648 1649 1650 1651 1652 1 1654 1 1656 1657 1658 1659 1660 1661 1662 1663 16 17 1741 1742 1743 1744 1745 1746 1747 1748 1749 1750 1751 1 1 1754 1755 3 1757 1758 1 1760 1761 1762 1763 1764 1765 1766 1767 17 18 1841 1842 1843 1844 1845 1846 1847 1848 1849 1850 3 2 1853 1854 1855 2 1 1858 1859 1860 1861 1862 1863 1864 1865 1866 1867 18 19 1941 1942 1943 1944 1945 1946 1947 1948 1949 1 2 1 1953 2 1955 5 1 1958 3 1960 1961 1962 1963 1964 1965 1966 1967 1968 19 20 2042 2043 2044 2045 2046 2047 2048 2049 4 2051 2052 4 4 1 1 1 1 2 2060 2061 2062 2063 2064 2065 2066 1 2068 2069 20 21 2142 2143 2144 2145 2146 2147 2148 2149 2150 3 2 3 4 3 2156 1 2 1 2160 1 2162 2163 1 2165 2166 2167 2168 2169 2170 21 22 2242 2243 2244 2245 2246 2247 2248 2249 2250 2251 1 4 7 2255 2256 2257 2258 1 2260 2261 2262 2263 2264 2265 2266 2267 2268 2269 2270 22 23 2342 2343 2344 2345 2346 2347 2348 2349 2350 2351 1 1 2 1 1 1 2358 2359 2360 2361 2362 2363 2364 2365 2366 2367 2368 2369 2370 23 24 2442 2443 2444 2445 2446 2447 2448 2449 2450 1 2452 4 3 4 2 2457 2458 2459 1 2461 2462 2463 2464 2465 2466 2467 2468 2469 2470 24 25 2542 2543 2544 2545 2546 2547 2548 2549 2550 2551 2552 2553 1 3 2556 2557 2 1 1 2561 2562 2563 1 2565 3 2567 2568 2569 2570 25 26 2642 2643 2644 2645 2646 2647 2648 2649 2650 2651 2652 2 2654 5 2656 2 1 2659 2660 1 2662 2663 1 2665 2666 2667 2668 2669 2670 26 27 2742 2743 2744 2745 2746 2747 2748 2749 2750 2751 2752 1 1 1 2756 2757 1 1 2760 1 2762 2763 2764 2765 2766 2767 2768 2769 2770 27 28 2842 2843 2844 2845 2846 2847 2848 2849 2850 2851 2852 1 3 2855 2856 2857 2 2859 2860 1 2862 2863 2864 2865 2866 2867 2868 2869 2870 28 29 2942 2943 2944 2945 2946 2947 2948 2949 2950 2951 2952 2 2 1 3 2957 2958 2959 1 2961 2962 2963 2964 2965 2966 2967 2968 2969 2970 29 30 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 30 31 3142 3143 3144 3145 3146 3147 3148 3149 3150 3151 3152 3153 3154 3155 3156 3157 3158 3159 3160 3161 3162 3163 3164 3165 31 32 3242 3243 3244 3245 3246 3247 3248 3249 3250 3251 3252 3253 3254 3255 3256 3257 3258 3259 3260 3261 3262 3263 3264 3265 32 33 3354 1 3356 3357 3358 3359 3360 3361 33 34 3454 3455 3456 3457 3458 3459 3460 3461 34 35 3558 3559 3560 3561 35 36 3658 3659 3660 3661 36 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 NUMBER OF MAINLINE STOPPAGES Last update January 2014 City of Fresno Sewer System Management Plan - 2019 38 Figure 9-3. Sewer Main Line Blockages due to FOG- Period 2014-2018 City of Fresno Sewer System Management Plan - 2019 39 Figure 9-4. FOG Trend by Sewer Area Plats (d) SSMP self-audits are performed each year to ensure the program elements are upgraded when needed. New equipment or systems are budgeted, purchased and implemented each fiscal year. Monitoring of “Enhanced Maintenance” areas resulted in the purchase of SmartCover® manholes which have helped monitor locations of known SSO history. SmartCover® manholes have, on more than one occasion, prevented a potential SSO event from occurring. Customer calls regarding roach infestation resulted in the implementation of preventive maintenance of areas of known concern. Assessment of the work performed by contracted root control resulted in the implementation of an in-house root control program. Database queries have been developed to access information that will help prioritize the maintenance of sewer mains. These queries rate the priority placed for further line assessment or repair for sewer main lines; assess lift station alarms and details that help make maintenance or replacement decisions; and show operators’ response time for customer calls, type of calls and follow up with a Request for Service or Work Order when needed. Staff has been trained on accessing information in the field through the use of laptops which allow access to I-View, enabling operators to open and close work orders in the field, access the main line mapping system, access historical data of the location being serviced and any other information related to the job to be performed on site. Periods from 2004-2009 2009-2013 and 2014-2018 City of Fresno Sewer System Management Plan - 2019 40 (e) The City uses information from the California Integrated Water Quality System (CIWQS) to determine trends and to compare its performance against the State and the Region Municipal averages (Figure 9-5). At the end of year 2018, the City’s Spill Rate Index (# spills/100mi/year) and Net Volume Spills Index (Net Volume in gallons /1,000 Capita/year) were low in comparison to the State and Region averages: Figure 9-5 CIWQS City of Fresno Spill Summary The City has a performance goal of “zero SSO” aligning with the WDR-SSS discharge prohibition for SSOs (Figure 9-6). The measure is revised on a monthly basis. Figure 9-6. Goal – “Zero SSO per 100 Miles/Month” City of Fresno Sewer System Management Plan - 2019 41 The City keeps electronic and hardcopy files accessible to all operators with information on each SSO occurrence, emergency response, documentation, investigation, follow up and certification. Reports can also be summarized from CIWQS (Figure 9-7). The link to all SSO electronic filing systems in the Division’s network can be found at I:\Sewer\O&M Supervision\SSO. Hard copy files as well as flash drives containing the electronic files are also stored on site in the City’s Collection System Maintenance Building. Figure 9-7. Summary of Certified SSO events 2014-1018. City of Fresno Sewer System Management Plan - 2019 42 Figure 9-8. Causes of SSO’s City of Fresno Sewer System Management Plan - 2019 43 Figure 9-9. City of Fresno Gallons of Sewage Collected/Gallons Spilled City of Fresno Sewer System Management Plan - 2019 44 10.SSMP PROGRAM AUDITS The City has performed annual self-audits of the Sewer System Management Plan (SSMP) tying it to the annual budget process and approval related to capital improvement projects, operation and maintenance expenditures and annual performance measures and Pretreatment Program inspections. Self-audits for 2011, 2012 and 2013 are on file at the Wastewater Management Division. The City will audit its SSMP either annually or bi-annually to ensure its compliance with Waste Discharge Regulations (WDR). During 2013, performance measures for the Collection System Maintenance reflected changes established by the revised Monitoring and Reporting Program (MRP) regarding the definition and categorization of Sanitary Sewer Overflows (SSO). These changes resulted in updates on the charting of performance measures, retraining of staff and implementation of updated SSO emergency response and notification procedures. Performance measures for calendar years 2016 through 2018 were used to evaluate the efficiency and competitiveness of the City’s collection system maintenance program. Performance measures related to the effectiveness of the SSMP are: 1.Sanitary Sewer Overflows (SSO) Category 1 2.Sanitary Sewer Overflows (SSO) Category 2 3.Sanitary Sewer Overflows (SSO) Category 3 4.Customer Reported - Sewer Mainline Blockages 5.Average Field Response Time 6.Average Cost of Sewer Mainline Cleaned / Foot 7.Sewer Mainline Cleaned / Miles 8.Sewer Mainline Video Inspected 9.Average Cost of Video Inspection 10.Lift Station Telemetry Alarms Effectiveness of the SSMP The following actions have taken place to help achieve the “Zero” SSO goal: •Monitor the Preventative Maintenance schedule and alter as necessary to accommodate the changing conditions based on the operator’s feedback of the mainline to confirm that the scheduling is appropriate. “As part of the SSMP, the Enrollee shall conduct periodic internal audits, appropriate to the size of the system and the number of SSOs. At a minimum, these audits must occur every two years and a report must be prepared and kept on file. This audit shall focus on evaluating the effectiveness of the SSMP and the Enrollee’s compliance with the SSMP requirements identified in this subsection (D.13), including identification of any deficiencies in the SSMP and steps to correct them.” (State Water Resources Control Board Order No. 2006-0003-DWQ, Statewide General WDR for Wastewater Collection Agencies) City of Fresno Sewer System Management Plan - 2019 45 •Assign staff to do periodic checks on mainlines that have historically had issues and determine the long term solution whether schedule repairs or replacement of the asset. •Ensured availability of a broader network of new technology, new applications and use of appropriate tools to perform the day-to day tasks. •Increased communication with the Division’s Environmental Control workgroup to address Fats, Oils and Greases issues from commercial users, including inspection and permitting of food service establishments (FSEs). Over 300 FSE were inspected during 2018. •Trained Collection System Operators on the Statewide General Waste Discharge Requirements for Sanitary Sewer Systems (WDR-SSS) encouraging California Water Environment Association (CWA) certification and continuous training when available. •Informed the general public of the WDR-SSS, defining SSOs through messages on posters, door hangers and bill inserts addressing best management practices to minimize introduction into the collection system of grease and other blockage causing products. •Started a public information campaign to address impacts of non-dispersable, unflushables items being disposed of down the toilet. The list of “unflushables” can be found in handouts, newspapers and TV ads and in the City’s website. •Completed rehabilitation projects listed on the Division’s Capital Improvement Program. This is a continuous process that is updated each year during budget season. •Responded and visually assessed all customer referrals related to potential sewer blockages. •Installed SmartCover® manholes on various key areas effectively preventing SSOs from occurring. •Increased the in-house spot repairs program, customer service and response program and established goals for miles per work day cleaned and percentage of miles per month video inspected. •Developed an in-house SSO volume estimation application/procedure that includes visuals using pictures with manholes and flows mimicking the actual SSO and flow monitoring devices to determine baseline of main line flow prior to the SSO. •Lift stations’ SCADA is now managed by the Division, resulting in a better handle of issues and alarms as noticed on the performance measures graph. Compliance During 2018, WMD was not able to achieve the WMD performance measure goal of “Zero” SSOs, averaging 1.42 per month of Category 1, 2, and 3 combined. The City of Fresno is in the Fresno Metropolitan Flood Control District (FMFCD) who owns and maintains a network of receiving storm water basins. Updated information provided to the City of Fresno indicates that less than 50% of all FMFCD basins have the potential to discharge into waters of the USA. However, before the revisions of the new MRP were in effect, WMD considered an SSO any spill entering any FMFCD basin regardless of its potential to discharge to surface water and regardless of sewage being fully recovered from the storm basin. City of Fresno Sewer System Management Plan - 2019 46 The following are actions to be taken to achieve the goal of “Zero” SSOs: •Determine a sustainable maintenance schedule for specific sewer lines with no history of blockages within the last 5 years. •Increase preventive maintenance of sewer lines that have shown history of blockages within the last 5 years. •Continue determining root cause of blockages (grease, roots, structural, sewer line capacity, education) and address those properly. •Require certification through CWEA on all new recruitments and encourage participation in field relevant educational programs to ensure standardization of operating procedures for preventive, corrective and line assessment day-to-day tasks. •Continue public information campaigns to address SSO prevention by waste minimization and public awareness of the State WDR for Sanitary Sewer Systems. •Implement internal annual audits and annual reports to ensure performance goals are achieved or if modifications to the program are needed. Future audits will address activities, efficiency and compliance for a calendar year for all areas including performance measures. •Continue assessment of sewer lines through video inspection or preventive maintenance to help build up future capital improvement projects. •Assessments of all lift stations to address aging infrastructure that may need rehabilitation or major repairs. •Establish a manhole rehabilitation project to determine priorities of manholes to be rehabilitated or repaired. The effectiveness of the program can be summarized as follow: •Overall decrease of FOG caused blockages as described in the FOG Program Report. The first running period of this report, from 2004 through 2008, showed approximately 412 sewer main blockages caused by FOG within the City limits. The running period from 2009 through 2013 showed vast improvement with 160 blockages for the following 5-year period, a 61% reduction. This trend has continued from 2014-2018 with 154 total blockages during this time span. (Chapter 9. Monitoring, Measurement, and Program Modifications, Figures 9-1, 9-2, 9-3 and 9-4) •Overall decrease in lift station alarms going from 118 per one single quarter by the end of 2012 to 57 alarms the last quarter of 2013, a 52% reduction. This number continues to decrease, with 21 alarms for the last quarter of 2018. •Overall increase of capital improvement projects or emergency repairs resulting from preventive/routine assessment of main lines without an SSO event. •Operators’ engagement and contributions to improvement processes. Development of in-house flow estimation charts and visual aids; development of specialized crews for in- house spot repairs. •Operators’ ability to better interpret and understand requirements of the new MRP through continuous training and tailgates. This leads to implementation of systems, applications or programs that utilizes the various databases to provide relevant information to continue process improvements to effectively implement the SSMP. City of Fresno Sewer System Management Plan - 2019 47 References Wastewater Management Division – Collection System Maintenance Performance Measures (Appendix H) City of Fresno Sewer System Management Plan - 2019 48 11.COMMUNICATION PROGRAM The City has various venues for community outreach including bill inserts, surveys, handing out informational brochures at community events, presentations to neighborhoods or other community associations. In 2005, the City started public outreach campaigns providing best management practices (BMPs) for residential customers and food service establishments. “The Drain is Not a Trash Can” and “Scrape it, Don’t Grind it” slogans to address fats, oils and grease (FOG) and control the introduction of organic material (BOD) and total suspended solids (TSS) to the collection system and reclamation facilities were introduced to the public through public service announcements (radio) and televised commercials and interviews. In 2007, staff met and/or provided information to all City Councilmembers regarding the Statewide General Waste Discharge Requirements for Collection Systems. The meeting helped educate Councilmembers on the goals and requirements of the general WDR and sought support and approval for the SSMP’s proposed Development Plan and Schedule. It also provided a venue to discuss upcoming amendments to the Fresno Municipal Code to include the Fats Oils and Grease Program. The SSMP Development Plan and Schedule was approved July 2007. Inspections of food service establishments (FSEs) are in full force and permits have been issued since 2008. By 2013, over 1,300 FSEs have been inspected and issued a Wastewater Discharge Permit indicating requirements for grease trap or interceptor cleaning frequency. During the fourth quarter of 2018, 50 FSEs were inspected. The database has been updated to reflect 1,774 FSEs permitted. Inspections provide FSEs with information on the program and signage requirements for recommended BMPs for proper disposal of fats, oils and grease. During 2013, the City initiated the “If it’s Not Toilet Paper Don’t Flush It” campaign. This is an important campaign due to the impact of products labeled “flushables” that creates blockages in private and public mainline sewers, or gets into sewer pumps creating potential SSO issues. “The Enrollee shall communicate on a regular basis with the public on the development, implementation, and performance of its SSMP. The communication system shall provide the public the opportunity to provide input to the Enrollee as the program is developed and implemented. The Enrollee shall also create a plan of communication with systems that are tributary and/or satellite to the Enrollee’s sanitary sewer system” (State Water Resource Control Board Order No. 2006-0006-DWQ,Statewide General WDR for Wastewater Collection Agencies) City of Fresno Sewer System Management Plan - 2019 49 The Department of Public Utilities uses monthly bill inserts to convey messages from each Division to the public. This media is used to educate the public about sanitary sewer overflows, the SSMP, and a yearly progress of the number of SSO events per 100 miles of sewer in comparison with the State’s average. The City also uses this media to inform the public of the emergency response number to call in the case of an SSO. Information regarding the Statewide WDR is spread through newspaper media, utility bill inserts, and the City’s webpage. Various news articles have been prepared highlighting the work of the CSM Workgroup. In January of 2019, Trenchless Technology Magazine, a publication geared toward the underground infrastructure market, published an article titled “The City of Fresno Uses Chemical Root Control to Keep Pipes in Top Condition.” This article highlights the success the City has had in controlling roots once it began its use of Vaporooter chemical root control products, and how this process has been integrated into its three- year root treatment cycle. As the various elements of the SSMP are being implemented, continuous evaluation through annual performance measures will provide the necessary feedback for adjustment needed to fulfill the goals of the program. The City is looking into sharing the progress of the SSMP through an annual report, listing the main performance measures, improvements needed, future development, success stories and public feedback. References https://www.fresno.gov/publicutilities/trash-disposal-recycling/fats-oils-grease/ https://trenchlesstechnology.com/fresno-uses-chemical-root-control-to-keep-pipes-in- top-condition/ Utility Zone Bill Inserts (Appendix I) City of Fresno Sewer System Management Plan - 2019 50 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID19-1901 Agenda Date:6/20/2019 Agenda #:1-G REPORT TO THE CITY COUNCIL June 20, 2019 FROM:BRYON HORN, Chief Information Officer Information Services Department SUBJECT ***RESOLUTION -Repealing Resolution No.2017-339 and Clarifying Procedures for Retention and Production of Public Records Contained in Electronic Media (Subject to Mayor’s veto) RECOMMENDATION Staff recommends approving the resolution. EXECUTIVE SUMMARY Effective records management policies benefit the City of Fresno (City)by reducing the time and resources necessary to locate responsive documents,and benefit the public by providing a more focused response to California Public Records Act (CPRA)requests.This resolution replaces Resolution No.2017-339 by adjusting email retention for all City emails in a user’s inbox to have a retention schedule of three years by the year 2022 as well as adjusting instant messaging and web browsing retention from thirty days to six months.All other provisions remain in effect.This resolution further clarifies policies relating to the production and retention of public records stored electronically. BACKGROUND On September 23,2008,Council adopted Resolution No.2008-243,formally amending and superseding Resolution No.93-139 that adopted the Secretary of State Local Government Records Management Guidelines as the Citywide records retention policy. On December 14,2017,Council passed Resolution No.2017-339,setting forth standards for retention and production of public records contained in electronic media.Council is asked to repeal Resolution No.2017-339,in order to clarify policies relating to the production and retention of public records. On March 14,2019,this item was tabled by Council as they requested a Records Retention City of Fresno Printed on 3/17/2023Page 1 of 2 powered by Legistar™ File #:ID19-1901 Agenda Date:6/20/2019 Agenda #:1-G On March 14,2019,this item was tabled by Council as they requested a Records Retention Workshop. On April 25, 2019, the aforementioned Council Workshop was held. The resolution is intended to refine the procedures set forth therein and to supplement,not supersede,Resolution No.2008-243.The resolution provides definitions of “Public Records,”“Non- Records,”“Retention of Public Records,”and provides information and retention periods in “Retention and Destruction of Electronic Media.” ENVIRONMENTAL FINDINGS By the definition provided in the California Environmental Quality Act (CEQA) Guidelines Section 15378, this item does not qualify as a “project” as defined by CEQA. LOCAL PREFERENCE Local preference was not implemented because this Resolution does not include a bid or award of a construction or services contract. FISCAL IMPACT There is no fiscal impact to this item. Attachment: Resolution City of Fresno Printed on 3/17/2023Page 2 of 2 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID19-1902 Agenda Date:6/20/2019 Agenda #:1-H REPORT TO THE CITY COUNCIL June 20, 2019 FROM:MICHAEL CARBAJAL, Director Department of Public Utilities THROUGH:JERRY L. SCHUBER, SR, Assistant Director Department of Public Utilities, Solid Waste Management Division BY:BRITTANIE FECHNER, Management Analyst II Department of Public Utilities, Solid Waste Management Division SUBJECT Actions related to the First Amendments to the Service Agreements with Mid-Valley Recycling,LLC, and Cedar Avenue Recycling and Transfer Station, LP (Citywide): 1. Approve a First Amendment to the Service Agreement with Mid-Valley Recycling, LLC 2.Approve a First Amendment to the Service Agreement with Cedar Avenue Recycling and Transfer Station, LP RECOMMENDATIONS Staff recommends the City Council approve a First Amendment to the Service Agreement with Mid-Valley Recycling,LLC (Mid Valley),approve a First Amendment to the Service Agreement with Cedar Avenue Recycling and Transfer Station, LP (CARTS)and authorize the Director of Public Utilities,or designee,to execute all documents on behalf of the City of Fresno (City). EXECUTIVE SUMMARY On July 1,2016,City Council adopted the Service Agreements (Agreements)with Mid Valley and CARTS (together, Service Providers)for the processing of residential recycling.The Department of Public Utilities proposes City Council approve the First Amendments to the Agreements with Service Providers.If approved,the First Amendments would revise the Service Providers’per-ton payment to the City to the proposed revised payments schedule,reflecting the downturn of the recyclables market;and revise the recycled fiber market index to the PPI Recovered Paper -Export Market Index,Mixed Paper (54)-Official Board Markets Los Angeles commodity designation,as the previously-named index is no longer operative. BACKGROUND The City Council entered into Agreements with the Service Providers on July 1,2016,for the processing of residential recycling collected by the City.The Agreements allowed the City to receive a revenue share of the materials processed City of Fresno Printed on 3/17/2023Page 1 of 3 powered by Legistar™ File #:ID19-1902 Agenda Date:6/20/2019 Agenda #:1-H recycling collected by the City.The Agreements allowed the City to receive a revenue share of the materials processed and sold by both Service Providers with a minimum floor of $1 per-ton.The Agreements were explicit in determining the floor of the recycling markets. Since the origination of the Agreements,recycling markets have seen a sharp decline.This decline is due to the reduction of materials accepted by international markets.In 2018,the Chinese government implemented a series of waste import restrictions known as “National Sword”,which limited or banned a variety of recyclable materials that had previously been accepted for processing.The restriction of the materials has created new challenges in the recycling industry since China was the largest market for recyclable materials.Other Southeast Asian countries have also imposed limitations or bans on these materials since China’s implementation,causing the markets to significantly decrease.As a result, overall revenues from recyclables have plummeted due to depressed commodity prices. This First Amendment was contemplated in the Agreements,which states that the Service Providers may submit a request for a price adjustment,along with documentation supporting the request,if the average monthly market price was less than $70 for two consecutive quarters.The Service Providers provided such documentation for a period of four quarters,along with a request to revise the payments schedule for recyclables in light of the stagnant markets.The increase in the payments schedule needs to take place in the second quarter of this year to be in compliance with the Agreement. City staff and the Service Providers met to identify the costs associated with the Agreements and established a new payments schedule,which allows for the Service Providers to receive compensation for processing the materials while still allowing for future flexibility for profit sharing with the City should the markets rebound.The proposed revised payments schedule in the First Amendment would cause the City to pay the Service Providers for recycling,as the Service Providers are not being compensated for recyclables collected at this time,and instead are incurring costs to handle the recyclable materials.If approved,payments to the Service Providers would occur in the second quarter of Fiscal Year 2019. Additionally,this First Amendment revises the recycled fiber market index to the PPI Recovered Paper -Export Market Index,Mixed Paper (54)-Official Board Markets Los Angeles commodity designation.This revision is due to the elimination of the market index stated in the Agreement.The proposed market index is similar to the market index described in the Agreement. City staff conducted a survey with surrounding municipalities to identify the trends that are they are experiencing within their own City.The Cities included in this survey were Visalia,Tulare,Bakersfield,San Diego,Selma,Santa Maria, Sacramento,Fremont,Los Angeles,and Clovis.The Cities of Tulare,Selma,and Clovis use outside haulers for their residential recyclables, which does not allow for an apple to apple comparison. Of the cities surveyed there were four that haul the recyclable materials within their city.Those cities are Visalia, Bakersfield,Los Angeles,and Santa Maria.Visalia and Bakersfield were willing to share the costs per ton for recyclable materials with City staff.The City of Visalia conveyed that they are currently paying roughly $24 per ton for their recyclable materials to be processed,whereas 6 months ago they were being paid for their recyclable materials.This has resulted in roughly a $30 per ton swing in costs.The City of Bakersfield shared that the city transports their materials and are currently paying $55 per ton to one Municipal Recycling Center and $90 per ton at the other.This is an increase of $30 per ton as of April 1, 2019. The City of San Diego contracts recycle collection services to IWS and Allan Company.From July 2017 to April 2018,the city was receiving $17 per ton flat rate for recyclable materials in addition to a 50%revenue sharing of all revenues in excess of $121.63 per ton.In May 2018,in response to the decline in the market,the City of San Diego suspended their flat rate as well as the revenue sharing from the contractors, resulting in a large revenue loss. The City of Fremont contracts the solid waste and recycles collection service to Republic Services.However,in City of Fresno Printed on 3/17/2023Page 2 of 3 powered by Legistar™ File #:ID19-1902 Agenda Date:6/20/2019 Agenda #:1-H The City of Fremont contracts the solid waste and recycles collection service to Republic Services.However,in September,the City of Fremont added a $1.50 recycling processing fee to the residents’monthly utility bill to help offset the costs of recycling related to the increased processing expenses and decline in the recycling market. If the City does not meet the 50%diversion rates as mandated by AB939,CalRecycle has the authority under PRC 41850 to fine the City up to $10,000 per day for non-compliance. The City’s Attorney’s Office has reviewed the First Amendments and approved as to form. ENVIRONMENTAL FINDINGS By the definition provided in the California Environmental Quality Act (CEQA)Guidelines Section 15378 this item does not qualify as a “project” and is therefore exempt from the CEQA Guidelines requirements. LOCAL PREFERENCE Both processing facilities are within the City’s limits, thereby meeting the local preference designation. FISCAL IMPACT In Fiscal Year 2020,based on the current market value and the proposed revised payments schedule,the City anticipates an additional expense to the Solid Waste Enterprise Fund of approximately $429,000 in total processing fees.The recycling processing fees can vary with the fluctuation of the recyclables market. Attachments: Attachment 1 - First Amendment to the Service Agreement with Mid Valley Attachment 2 - First Amendment to the Service Agreement with CARTS Attachment 3 - Service Agreement with Mid Valley Attachment 4 - Service Agreement with CARTS City of Fresno Printed on 3/17/2023Page 3 of 3 powered by Legistar™ SERVICE AGREEMENT CITY OF FRESNO, CALIFORNIA THIS AGREEMENT is made and entered into effective the 1 day of :S \A\'/ , 2016 , by and between the CITY OF FRESNO , a California municipal corporation (hereinafter referred to as "CITY"), and Mid-Valley Recycling , LLC , a Cal ifornia limited liability corporation (hereinafter referred to as "SERVICE PROVIDER"), individually each a "Party " and collectively "the Parties ." RECITALS WHEREAS , CITY desires to obtain Co-mingled Recyclables Processing services for materials collected by CITY and its agents , hereinafter referred to as the "Project "; and WHEREAS , SERVICE PROVIDER is engaged in the business of furnishing services as a Co-mingled Recyclable processor and hereby represents that it desires to and is physically and legally capable of performing the services called for by this Agreement ; and WHEREAS , SERVICE PROVIDER acknowledges that this Agreement is subject to the requirements of Fresno Municipal Code Section 4-107 ; and WHEREAS , this Agreement will be administered for CITY by its Director of Public Utilities (hereinafter referred to as "Administrator") or designee. AGREEMENT NOW, THEREFORE , in conside ration of the foregoing and of the covenants , conditions , and promises hereinafter contained to be kept and performed by the respective Parties , it is mutually agreed as follows: 1. Definitions . For the purposes of this Agreement, the definitions and identifications set forth below are agreed upon by the Parties . (a) Approval -shall mean a discretionary approval which shall not be unreasonably withheld , unless stated otherwise . (b) Business Day(s) -shall mean Monday through Saturday . (c) CITY's Representative -shall mean the Director of Public Utilities or his/her designee . (d) Contaminants -shall mean those chemicals , waste or other materials that render normally Recyclable Materials unusable or cause them to lose their market value . (e) Fiber Materials -shall include , but not be limited to , the following paper products: newspaper , mixed paper , office paper , computer paper, magazines , cardboard , -1- chipboard , paper bags , and telephone books . (f) Holiday(s) -shall mean Thanksgiving Day , Christmas Day , and New Year's Day . (g) Municipal Solid Waste ("MSW") -shall mean refuse , garbage , and trash , and may include food wastes , inorganics , and other materials not suitable for Recyclable Materials Processing . (h) Process or Processing -shall mean the method by which the SERVICE PROVIDER prepares the collected Recyclable Material for storage , shipment , and/or sale . (i) Processing Facility(ies) -shall means the location(s) where SERVICE PROVIDER Processes the collected Recyclable Material prior to storage , shipment and/or sale . The Processing Facilities for purposes of this Agreement are located at 2721 South Elm Avenue , Fresno, California , phone number (559) 237-9425 , and 15300 W. Jensen , Fresno , California , phone number (559) 843- 2467. U) Receiving Facility -shall mean the location where SERVICE PROVIDER receives deliveries of co-mingled Recyclable Material from CITY. The Receiving Facility location for purposes of this Agreement is 2721 South Elm Avenue , Fresno , California; phone number (559) 237-9425 . Any proposed change to the location of the Receiving Facility is subject to the approval of the CITY , which will not be unreasonably withheld. (k) Recyclable Material(s) (also "Materials ") -shall include , but not be limited to , the various grades of waste paper, newsprint , magazines , envelopes , telephone books , corrugated cardboard , chipboard , glass (colorless, green , or brown), metal , rigid beverage containers , thermoplastics (1 , 2, and 3), milk and juice containers (aseptic packages), and such other materials as mutually agreed upon in writing by the CITY and the SERVICE PROVIDER. Except as expressly provided herein , Recyclable Material shall not include any container which contains or has contained any hazardous waste or hazardous substance as defined in the California Health and Safety Code and/or any other material mutually agreed upon in writing by both Parties . (I) Ton -shall mean 2 ,000 pounds avoirdupois. (m) Working Day(s) -shall include all days the City of Fresno Recycling collection services are operational, as set by the City of Fresno solid waste collection schedule. SERVICE PROVIDER may petition CITY to modify these working hours to meet the conditions of its permit; however, CITY shall be under no obligation to agree to any modification. (n) Year -shall mean the anniversary date of the Effective Date of this Agreement. 2. Scope of Services . SERVICE PROVIDER shall perform to the satisfaction of CITY , the services described in Exhibit A , including all work incidental to or necessary to perform such services , even though not specifically described in Exhibit A. By -2- executing this Agreement, SERVICE PROVIDER guarantees it currently has the site capacity , staffing , and equipment to fully meet the requirements of this Agreement. 3. Non-Exclusive Agreement. CITY agrees to deliver to SERVICE PROVIDER 's Receiving Facility , on a daily basis , excluding Sundays , approximately 50 percent of Recyclable Materials it (or its agent) collects . SERVICE PROVIDER acknowledges and agrees this is a non-exclusive Agreement and CITY is not obligated by this Agreement to de liver a minimum amount of Recyclable Materials to the Receiving Facility , but only approximately 50 percent of whatever is collected . CITY will make best efforts to deliver Recyclable Materials of equitable quality to all service providers receiving Recyclable Materials each day. Furthermore , CITY makes no guarantee on tonnages of Recyclable Material to be anticipated by SERVICE PROVIDER , but w ill endeavor to avoid large fluctuations in the amount of material that is delivered to the Receiving Facility on any given day. CITY retains the right to divert negligible quantities of Recyclable Materials for various purposes at its sole discretion . 4. Term of Agreement and Time for Performance . This Agreement shall be effective from the date first set forth above ("Effective Date ") and shall continue in full force and effect for ten years , through June 30 , 2026 , subject to any earlier termination in accordance with this Agreement. The services of SERVICE PROVIDER as described in Exhibit A are to commence upon the Effective Date and shall be completed in a sequence assuring expeditious completion , but in any event , all such services shall be completed prior to expiration of this Agreement and in accordance with any performance schedule set forth in Exhibit A. 5 . Business License . If the SERVICE PROVIDER does not have a City of Fresno Business License , it shall obtain such a license prior to the Effective Date of this Agreement and maintain it in effect throughout the term of this Agreement. 6 . Compensation. (a) SERVICE PROVIDER shall compensate CITY for each ton of Recyclable Material in accordance with the schedule set forth in Exhibit A , attached hereto and by this reference incorporated herein . (b) SERVICE PROVIDER shall provide quarterly statements accounting the calculated rebates owed to CITY , on January 15, April 15 , July 15 , and October 15 of each year. (c) SERVICE PROVIDER shall pay CITY quarterly . Such payment shall accompany each quarterly report. Should SERVICE PROVIDER fail to make payment to CITY within 30 days of the dates described in Subsections (a) and (b) above , SERVICE PROVIDER shall pay interest to CITY on such amount at the rate of 8 percent per annum , accumulated for each calendar day payment is late . (d) Contaminants . The Parties recognize that Contaminants lessen the efficiency of Processing and SERVICE PROVIDER incurs costs disposing of Contaminants . After two years from the Effective Date of this Agreement , if Contaminants -3- comprise more than 25% of the Materials delivered to SERVICE PROVIDER by CITY or it agent(s), based upon the Composition Study procedures as set forth in EXHIBIT D, SERVICE PROVIDER may reduce its compensation to CITY by the then-current per-ton cost to dispose of the excess Contaminants (more than 25 %) at the CITY-designated disposal facility (currently American Avenue Landfill). SERVICE PROVIDER shall document weight of Contaminants by providing certified weight tickets from the disposal facility . In the event that CITY delivers materials to SERVICE PROVIDER containing less than 20% Contaminants , as calculated by the Composition Studies , SERVICE PROVIDER shall increase its compensation to CITY $1 .00 per ton of recyclable materials received . SERVICE PROVIDER shall conduct a Composition Study of the CITY'S delivered materials in both May and October of each year of this Agreement, in accordance with procedures described below . Thereupon , the average of the most recent two Composition Studies w il l be used to determine the percentage of Contaminants contained in the C ity 's Recyclable Materials. If CITY has contracted with more than once SERVICE PROVIDER to process Recyclable Materia ls , all SERVICE PROVIDERS shall complete Composition Studies as set forth herein. Of the Composition Studies completed by each SERVICE PROVIDER , the pair of Compos ition Studies calculating the lowest average of Contaminants shall be used by the City and all SERVICE PROVIDERS to establish the level of Contaminants in the materials delivered to SERVICE PROVIDER. CITY shall be given no less than 24 hours ' prior notice of, and have the right to observe , monitor , and audit , each and every Composition Study conducted by SERVICE PROVIDER. The SERVICE PROVIDER and CITY shall mutually agree upon the date(s) and time(s) of any Composition Study examining CITY 's materials , in writing , no less than three (3) days in advance of each Composition Study . (e) SERVICE PROVIDER understands and agrees any request by SERVICE PROVIDER to adjust the payment to CITY other than as set forth in this Agreement , make material changes to this Agreement , or otherwise decrease revenue or increase costs to CITY under this Agreement, may result in CITY either, in the CITY 's sole discretion : (1) issuing a new Request for Proposals for these services ; or (2) entering into an agreement with another provider of the same service then currently under contract to complete the balance of the term of this Agreement pursuant to the terms of the other contract ; either of which may result in termination of this Agreement if CITY awards a contract to another service provider. -4- Notwithstanding the above , SERVICE PROVIDER may submit to the Administrator a request for a price adjustment , along with documentation supporting the request , if all the following occu r: i) A material change in law (for example , minimum wage or regulatory requirements) including , but not limited to , the cumulative impact of mult iple changes in law , affects the net cost to perform the services herein by a margin of at least 10 percent (based upon cost at the commencement of the Agreement); ii) The change in law negative ly affects feasibility of providing the services as set forth in Exhibit A , based upon the net cost to SERVICE PROVIDER and considering a combination of commodity market gains , lower fuel costs , or othe r offsets to the costs incurred due to a change in law ; and iii) The negative impact continues for a period of at least one year. OR iv) The average monthly market price is less than $70 for two consecutive quarters , as reported by the Pulp and Paper Weekly using the PPI Recovered Paper -Expo rt Market Index , Mixed Paper (2) -Official Board Markets ("OBM) Los Angeles ("LA ") commodity designation . Should a request demonstrate the above , the Administrator shall consider the request , and the Parties shall have 60 days to negotiate a price adjustment and amendment to this Agreement , subject to approval of the City Council. If no agreement is reached , the Pa rties may agree to continue the Agreement without a change in terms , or the CITY wil l issue a Request for Proposals or enter into an agreement with another provider of the same service then currently under contract , as set forth above. If no agreement is reached , 180 days from the date SERVICE PROVIDER submits a request , SERVICE PROVIDER shall be relieved of its dut ies to CITY hereunder and shall have no further obligation pursuant to this Agreement to furn ish the services called for by this Agreement. If this Agreement is terminated by CITY pursuant to the above , SERVICE PROVIDER shall be relieved of its duties to CITY hereunder and shall have no further obligation pursuant to this Agreement to furnish the services called for by this Agreement. Apart from its obligation to pay to CITY any compensation due to CITY for materials delive red and processed prior to such termination , SERVICE PROVIDER shall have no further liability whatsoever to CITY hereunder. (f) Should the Parties mutually agree to modify the scope of services provided in this Agreement or provide for the rendition of additional services not required by this Agreement , such modification may include an adjustment to CITY 's compensation. Any change in the scope of services must be made by written amendment to the Agreement and signed by an authorized representative for each Party . -5- (g) Payment: SERVICE PROVIDER shall submit payment to the City of Fresno as set forth in this Agreement at the following address: City of Fresno Solid Waste Division 1325 El Dorado Street, Building S Fresno , CA 93721 7 . Termination, Remedies and Force Majeure. (a) This Agreement may terminate without any liability of SERVICE PROVIDER to CITY as provide in Section 6 above , and without any liability of CITY to SERVICE PROVIDER upon the earlier of: (i) CITY 'S non-appropriation of funds sufficient to meet its obligations hereunder during any CITY fiscal year of this Agreement, or insufficient funding for the Project; (ii) any material change to SERVICE PROVIDER which affects SERVICE PROVIDER 's obligations to CITY ; or (iii) expiration of this Agreement. (b) Termination for cause: (i) If the SERVICE PROVIDER shall fail to complete delivery within the time or times specified herein , of all or any part of the materials , equipment, supplies , or services to be provided under the Agreement , the City Manager of the City of Fresno or his/her designee, acting for and on behalf of CITY , may at any time after the expiration of the time for cure, terminate the Agreement as to the whole thereof; or in the event partial delivery has been made and accepted , as to such of the items or service to be furnished which have not been delivered or accepted prior to such termination. (ii) Either Party may terminate this Agreement if the other Party materially breaches any of its obl igations under this Agreement and fails to commence and diligently pursue reasonable efforts to cure such breach within 15 days after written notice by the other Party specifically describing the breach. (iii) Such termination shall be effective upon receipt by the a Party of written notice of termination from the authorized representative of the other Party , which notice shall be deemed to have been received by the other Party , if mailed by certified mail , within 48 hours to the Party 's address as contained this Agreement , or , if personally delivered , upon the delivery thereof to the Party , the authorized representative of the Party , or to the Party 's said address . (c) Immediately upon any termination or expiration of this Agreement , SERVICE PROVIDER shall: (i) stop all work hereunder; (ii) pay to CITY any and all earned payments; and (iii) return all properties and materials in the possession of SERVICE PROVIDER that are owned by CITY . Subject to the terms of this Agreement, SERVICE PROVIDER shall pay compensation to CITY for Recyclable Materials delivered prior to the effective date of termination . -6- (d) In the event of termination due to failure of SERVICE PROVIDER to satisfactorily perform in accordance with the terms of this Agreement , CITY may demand from SERVICE PROVIDER payment of an assurance , in an amount that would otherwise be payable as an offset to , but not in excess of, CITY 'S damages caused by such failure . In no event shall any such demand by CITY pursuant to this Agreement constitute a waiver by CITY of any breach of this Agreement which may then exist on the part of SERVICE PROVIDER , nor shall such payment impair or prejudice any remedy available to CITY with respect to the breach. (e) Upon any breach of this Agreement by SERVICE PROVIDER , CITY may : (i) exercise any right , remedy (in cont ract , law , or equity), or privilege which may be available to it under applicable laws of the State of California or any other applicable law; (ii) proceed by appropriate court action to enforce the terms of the Agreement ; and/or (iii) recover all direct, indirect , consequential , economic , and incidental damages for the breach of the Agreement. (f) SERVICE PROVIDER shall provide CITY with adequate written assurances of future performance , upon Administrator's request , in the event SERVICE PROVIDER fails to comply with any terms or conditions of this Agreement. (g) SERVICE PROVIDER shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of SERVICE PROVIDER and without its fault or negligence such as , acts of God or the public enemy , acts of CITY in its contractual capacity , fires , floods , epidemics , quarantine restrictions , strikes , unusually severe weather, and delays of common carriers . SERVICE PROVIDER shall notify Administrator in writing as soon as it is reasonably possible after the commencement of any excusable delay , setting forth the full particulars in connection therewith , and shall remedy such occurrence with all reasonable dispatch , and promptly give written notice to Admin istrator of the cessation of such occurrence. 8 . Receiving Recyclable Materials. (a) SERVICE PROVIDER shall make the Receiving Facility available for deliveries of Recyclable Material on Working Days (between the hours of 6 :30 a.m . to 5 :30 p .m., Monday through Friday , and from 7 :00 a.m . to 12:00 p.m. on Saturday , except Holidays), or such other times as the Parties may agree . (b) Except as expressly provided in this subsection , SERVICE PROVIDER will accept the Recyclable Material "as is" and wil l assume all risks in handling such material. (c) Recyclable Material delivered to the Receiving Facility by CITY shall be received by SERVICE PROVIDER's employees and equipment onto grounds of the Receiving Facility . SERVICE PROVIDER shall ensure that CITY's vehicles are able to complete delivery of a load in twelve minutes or less (from time of weigh- in prior to unloading the Materials through weigh-out after unloading the Materials). -7- (d) SERVICE PROVIDER shall make accessible clean , sanitary , and well- maintained restroom facilities conveniently located at the Receiving Facility for drivers delivering Recyclable Materials . Said restrooms shall remain available during all hours the Receiving Facility may receive Recyclable Materials . (e) In the event that SERVICE PROVIDER determines an entire single load of Recyclable Material delivered by a CITY vehicle pursuant to this Agreement constitutes "hazardous material" as defined in Division 4 .5 of Title 22 of California Code of Regulations , then SERVICE PROVIDER may reject such load and return it to CITY ; provided that SERVICE PROVIDER provides to CITY clear and convincing evidence that the entire load returned by SERVICE PROVIDER: (i) was originally contained in a single load delivered by a CITY vehicle pursuant to this Agreement ; and (ii) that such entire single load constituted "hazardous material" as defined in Division 4 .5 of Title 22 of California Code of Regulations . (f) In the event that SERVICE PROVIDER determines an entire single load of Recyclable Material delivered by a CITY vehicle pursuant to this Agreement is comprised of 50 percent or greater Contaminants by weight, SERVICE PROVIDER may reject the single load , provided SERVICE PROVIDER may back charge CITY for its reasonable and necessary processing costs, but shall keep the load and not require CITY retake possession of the load . (g) SERVICE PROVIDER shall provide weight tickets from a State of California registered and certified scale . Weight tickets are to be signed by the delivering CITY employee . SERVICE PROVIDER shall electronically transmit data of all weight tickets to CITY for each Working Day , by the following Working Day . SERVICE PROVIDER shall sort the original hard copy weight tickets by date and mail or deliver to CITY's Solid Waste Management Division office on a daily basis . This requirement may be satisfied by giving such hard copies to a CITY delivery vehicle driver to transport to such Division office. The electronic format is to be compatible with Access , Dbase, FoxPro , Excel or ASCII. SERVICE PROVIDER shall develop a format and electronic transfer process satisfactory to CITY with assistance of CITY's information systems specialist. SERVICE PROVIDER shall prepare each weight ticket by assigning each a unique control number, identifying thereon the Receiving Facility by name , and including thereon the following printed information : Inbound Date and Time , Weighmaster Outbound Date and Time , Weighmaster CITY Truck Number, Vehicle License Plate Number, Description of material , Gross Weight in pounds , Gross Truck Tare Weight in pounds , Net Weight in pounds , Driver Signature, Route Number. (h) SERVICE PROVIDER shall at all times comply with all federal , state and local agency regulations in receiving Recyclable Materials . (i) In furtherance of CITY delivering Recyclable Materials with no more than a reasonable quantity of residual/contaminant materials , CITY will continue a good -8- faith reasonable program of educating solid waste customers about minimizing Recyclable Material contamination and enforcement efforts. 9. Processing Recyclable Materials . (a) SERVICE PROVIDER shall be responsible for the storage, processing , transfer, sale , and final disposition of CITY's Recyclable Materials at the Processing Facility in a manner ensuring compliance with permits issued by federal , state or local governmental bodies or agencies for the Processing Facility . Final end-use of Processed Recyclable Materials shall conform to California Integrated Waste Management Board ("CIWMB"), now "CalRecycle," Assembly Bill 939 ("AB939") requirements to enable CITY to receive maximum feasible diversion credits . SERVICE PROVIDER shall comply with the provisions of the Source Reduction and Recycling Element (SRRE) plan adopted by CalRecycle for CITY to meet such AB939 requirements . The end use of one hundred percent of CITY's Recyclable Materials received and Processed by SERVICE PROVIDER shall be subject to the reasonable approval of CITY's Representative . SERVICE PROVIDER shall comply with all applicable federal , state and local laws , and with AB939 requirements for final disposition of CITY's Recyclable Materials. (b) SERVICE PROVIDER shall be responsible for all costs related to , and disposal of, any Residuals from the Recyclable Materials delivered to SERVICE PROVIDER. (c) SERVICE PROVIDER shall meet all federal , state and local laws , as well as CalRecycle regulations and standards for the methods of Processing of Recyclable Materials . 10 . Confidential Information and Ownership of Documents . (a) Subject to State regulations , any reports , information , or other data prepared or assembled by SERVICE PROVIDER pursuant to this Agreement shall not be made available to any individual or organization by SERVICE PROVIDER without the prior written approval of the Administrator. During the term of this Agreement , and thereafter, SERVICE PROVIDER shall not, without the prior written consent of CITY , disclose to anyone any Confidential Information . The term Confidential Information for the purposes of this Agreement shall include all proprietary and confidential information of CITY , including but not limited to business plans , marketing plans , financial information , materials , compilations , documents , instruments , models , source or object codes , and other information disclosed or submitted orally , in writing , or by any other medium or media . All Confidential Information shall be and remain confidential, and proprietary of CITY . Confidential Information shall not include daily tonnage records of materials received from CITY. (b) Any and all writings and documents prepared or provided by SERVICE PROVIDER pursuant to this Agreement are the property of CITY at the time of preparation and shall be turned over to CITY upon expiration or termination of -9- the Agreement. SERVICE PROVIDER shall not permit the reproduction or use thereof by any other person excep t as otherwise expressly provided herein. (c) This Section shall survive expiration or termination of this Agreement. 11 . Representation of Skill. It is mutually understood and agreed by and between the Parties hereto that inasmuch as SERVICE PROVIDER represents to CITY that SERVICE PROVIDER is skilled in the industry and shall perform in accordance with the standards of said industry necessary to perform the services agreed to be done by it under this Agreement, CITY relies upon the skill of SERVICE PROVIDER to do and perform such services in a skillful manner , and SERVICE PROVIDER agrees to thus perform the services . Therefore , any acceptance of such services by CITY shall not operate as a release of SERVICE PROVIDER from said industry standards or those set forth in this Agreement. 12. Indemnification. To the furthest extent allowed by law , SERVICE PROVIDER shall indemnify , hold harmless and defend CITY and each of its officers , officials , employees , agents and volunteers from any and a ll loss , liability , fines , penalties , forfeitures , costs , and damages (whether in cont ract , tort or strict liability , including but not limited to personal injury , death at any t ime , and property damage), and from any and all claims , demands and actions in law or equity (including reasonable attorney 's fees and litigation expenses) that arise out of, pertain to , or relate to the negligence , recklessness or w illful misconduct of SERVICE PROVIDER , its principals , officers , employees , agents or volunteers in the performance of th is Agreement. The SERVICE PROVIDER 's obligations under the preceding sentence shall apply regardless of whether CITY or any of its officers , officials , employees , agents or volunteers are actively or passively negligent , but shall not apply to any loss , liability , fines , penalties , forfeitures , costs or damages caused by the gross negligence or by the willful misconduct of CITY or any of its officers , officials , employees , agents or volunteers . This section shall survive termination or expiration of this Agreement. 13 . Insurance . (a) Throughout the life of this Agreement , SERVICE PROVIDER shall pay for and maintain in full force and effect a ll insurance as required in Exhibit B , which is incorporated into and part of this Agreement , with an insurance company(ies) either: (i) admitted by the California Insurance Commissioner to do business in the State of California and rated no less than "A-VII " in the Best's Insurance Rating Guide ; or (ii) as may be authorized in writing by CITY'S Risk Manager or his/her designee at any time and in his/her sole discretion . The required policies of insurance as stated in Exhibit B shall maintain limits of liabil ity of not less than those amounts stated therein . However, the insurance limits available to CITY , its officers , officials , employees , agents and volunteers as additional insu reds , shall be the greater of the minimum limits specified therein or the full limit of any insurance proceeds to the named insured. (b) If at any time during the life of the Agreement or any extension , SERVICE -10- PROVIDER fails to maintain any required insurance in full force and effect , all services and work under this Agreement shall be discontinued immediately , and all payments due or that become due to SERVICE PROVIDER shall be withheld until notice is received by CITY that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to CITY . Any failure to maintain the required insurance shall be sufficient cause for CITY to terminate this Agreement. No action taken by CITY pursuant to this section shall in any way relieve SERVICE PROVIDER of its responsibilities under this Agreement. The phrase "fail to maintain any required insurance " shall include , without limitation , notification received by CITY that an insurer has commenced proceedings , or has had proceedings commenced against it , indicating that the insurer is insolvent. (c) The fact that insurance is obtained by SERVICE PROVIDER shall not be deemed to release or diminish the liability of SERVICE PROVIDER , including , without limitation , liability under the indemnity provisions of this Agreement. The duty to indemnify CITY shall apply to all claims and liability regardless of whether any insurance policies are applicable . The policy limits do not act as a limitation upon the amount of indemnification to be provided by SERVICE PROVIDER. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of SERVICE PROVIDER , its principals , officers , agents , employees , or persons under the supervision of SERVICE PROVIDER , vendors , suppliers , invitees , consultants , sub-consultants , or anyone employed directly or indirectly by any of them . (d) Upon request of CITY , SERVICE PROVIDER shall immediately furnish CITY with a complete copy of any insurance policy required under this Agreement , including all endorsements , with said copy certified by the underwriter to be a true and correct copy of the original policy . This requirement shall survive expiration or termination of this Agreement. 14 . Conflict of Interest and Non-Solicitation . (a) Prior to CITY 'S execution of this Agreement, SERVICE PROVIDER shall complete a City of Fresno conflict of interest disclosure statement in the form as set forth in Exhibit C . During the term of this Agreement , SERVICE PROVIDER shall have the obligation and duty to immediately notify CITY in writing of any change to the information provided by SERVICE PROVIDER in such statement. SERVICE PROVIDER shall comply with all applicable (i) professional canons and requirements governing avoidance of impermissible client conflicts ; and (ii) federal, state and local conflict of interest laws and regulations including , without limitation , California Government Code Section 1090 et. seq ., the California Political Reform Act (California Government Code Section 87100 et. seq.) and the regulations of the Fair Political Practices Commission concerning disclosure and disqualification (2 California Code of Regulations Section 18700 et. seq .). At any time , upon written request of CITY , SERVICE PROVIDER shall provide a written opinion of its legal counsel that, after a due diligent inquiry , SERVICE -11- PROVIDER is in full compliance with all laws and regulations . SERVICE PROVIDER shall take reasonable steps to avoid any appearance of a conflict of interest. Upon discovery of any facts giving rise to the appearance of a conflict of interest, SERVICE PROVIDER shall immediately notify CITY of these facts in writing. (b) In performing the work or services to be provided hereunder , SERVICE PROVIDER shall not employ or retain the services of any person while such person either is employed by CITY or is a member of any CITY council , commission , board , committee , or similar CITY body . This requirement may be waived in writing by the City Manager, if no actual or potential conflict is involved . (c) SERVICE PROVIDER represents and warrants that it has not paid or agreed to pay any compensation , contingent or otherwise , direct or indirect , to solicit or procure this Agreement or any rights/benefits hereunder. (d) SERVICE PROVIDER shall have no interest, direct or indirect , in any other contract with a third party in connection with this Project unless such interest is in accordance with all applicable law and fully disclosed to and approved by the City Manager, in advance and in writing . Notwithstanding any approval given by the City Manager under this provision , SERVICE PROVIDER shall remain responsible for complying with Section 14(a), above . (e) This Section shall survive expiration or termination of this Agreement. 15. Recycling Program. In the event SERVICE PROVIDER maintains an office or operates a facil ity(ies), or is required herein to maintain or operate same , within the incorporated limits of the City of Fresno , SERVICE PROVIDER at its sole cost and expense shall : (a) Immed iately establish and maintain a viable and ongoing recycling program , approved by CITY 'S Solid Waste Management Division , for each office and facility . Literature describing CITY recycling programs is available from CITY 'S Solid Waste Management Division and by calling City of Fresno Recycling Hotline at (559) 621-1111 . (b) Immediately contact CITY 'S Solid Waste Management Division at (559) 621- 1452 and schedule a free waste audit, and cooperate with such Division in their conduct of the audit for each office and facility. (c) Cooperate with and demonstrate to the sat isfaction of CITY'S Solid Waste Management Division the establishment of the recycling program in paragraph (i) above and the ongoing maintenance thereof. 16 . General Terms. (a) Authorized signature. Except as otherwise provided by law , all notices expressly required of CITY within the body of this Agreement , and not otherwise specifically provided for , shall be effective only if signed by the Administrator or his/her designee . -12 - (b) Audits . Records of SERVICE PROVIDER 'S expenses pertaining to the Project shall be kept on a generally recognized accounting basis and shall be available to CITY or its authorized representatives upon request during regular business hours throughout the life of this Agreement and for a period of three years after final payment or, if longer, for any period required by law . In addition , all books , documents , papers , and records of SERVICE PROVIDER pertaining to the Project shall be available for the purpose of making audits , examinations, excerpts , and transcriptions for the same period of time. If any litigation , claim , negotiations , audit or other action is commenced before the expiration of said time period , all records shall be retained and made available to CITY until such action is resolved , or until the end of said time period whichever shall later occur. This Section 11 (b) shall survive expiration or termination of this Agreement. (c) License . Prior to execution of this Agreement by CITY , SERVICE PROVIDER shall have provided evidence to CITY that SERVICE PROVIDER is licensed to perform the services called for by this Agreement (or that no license is required). 17 . Nondiscrimination . To the extent required by controlling federal , state and local law , SERVICE PROVIDER shall not employ discriminatory practices in the provision of services , employment of personnel , or in any other respect on the basis of race, religious creed , color, national origin , ancestry, physical disability, mental disability, medical condition , marital status , sex , age , sexual orientation , ethnicity , status as a disabled veteran or veteran of the Vietnam era . Subject to the foregoing and during the performance of this Agreement , SERVICE PROVIDER agrees as follows : (a) SERVICE PROVIDER will comply with all applicable laws and regulations providing that no person shall , on the grounds of race , religious creed , color, national origin , ancestry , physical disability , mental disability , medical condition , marital status , sex , age , sexual orientation , ethnicity , status as a disabled veteran or veteran of the Vietnam era be excluded from participation in , be denied the benefits of, or be subject to discrimination under any program or activity made possible by or resulting from this Agreement. (b) SERVICE PROVIDER will not discriminate against any employee or applicant for employment because of race , religious creed , color, national origin, ancestry , physical disability , mental disability , medical condition , marital status , sex , age , sexual orientation , ethnicity , status as a disabled veteran or veteran of the Vietnam era . SERVICE PROVIDER shall ensure that applicants are employed, and the employees are treated during employment, without regard to their race , religious creed , color, national origin , ancestry , physical disability, mental disability , medical condition , marital status , sex , age , sexual orientation , ethnicity , status as a disabled veteran or veteran of the Vietnam era . Such requirement shall apply to SERVICE PROVIDER 'S employment practices including , but not be limited to , the following: employment, upgrading , demotion or transfer; recruitment or recruitment advertising ; layoff or termination; rates of pay or other forms of compensation ; and selection for training , including apprenticeship . SERVICE PROVIDER agrees to post in conspicuous places , available to -13- employees and applicants for employment , notices setting forth the provision of this nondiscrimination clause. (c) SERVICE PROVIDER will , in all solicitations or advertisements for employees placed by or on behalf of SERVICE PROVIDER in pursuit hereof, state that all qualified applicants will receive consideration for employment without regard to race , religious creed , color , national origin , ancestry , physical disability , mental disability , medical condition , marital status , sex , age, sexual orientation , ethnicity, status as a disabled veteran or veteran of the Vietnam era. (d) SERVICE PROVIDER will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding , a notice advising such labor union or workers' representatives of SERVICE PROVIDER 'S commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 18 . Independent Contractor. (a) In the furnishing of the services provided for herein , SERVICE PROVIDER is acting solely as an independent SERVICE PROVIDER. Neither SERVICE PROVIDER , nor any of its officers , agents or employees shall be deemed an officer, agent, employee , joint venture , partner or associate of CITY for any purpose . CITY shall have no right to control or supervise or direct the manner or method by which SERVICE PROVIDER shall perform its work and functions . However, CITY shall retain the right to administer this Agreement so as to verify that SERVICE PROVIDER is performing its obligations in accordance with the terms and conditions thereof. (b) This Agreement does not evidence a partnership or joint venture between SERVICE PROVIDER and CITY . SERVICE PROVIDER shall have no authority to bind CITY absent CITY'S express written consent. Except to the extent otherwise provided in this Agreement , SERVICE PROVIDER shall bear its own costs and expenses in pursuit thereof. (c) Because of its status as an independent SERVICE PROVIDER , SERVICE PROVIDER and its officers , agents and employees shall have absolutely no right to employment rights and benefits available to CITY employees. SERVICE PROVIDER shall be solely liable and responsible for all payroll and tax withholding and for providing to , or on behalf of, its employees all employee benefits including , without limitation , health , welfare and retirement benefits . In addition , together with its other obligations under this Agreement, SERVICE PROVIDER shall be solely responsible, indemnify, defend and save CITY harmless from all matters relating to employment and tax withholding for and payment of SERVICE PROVIDER'S employees , including, without limitation, (i) compliance with Social Security and unemployment insurance withholding, payment of workers compensation benefits , and all other laws and regulations -14- governing matters of employee withholding , taxes and payment; and (ii) any claim of right or interest in CITY employment benefits , entitlements , programs and/or funds offered employees of CITY whether arising by reason of any common law , de facto , leased , or co-employee rights or other theory. It is acknowledged that during the term of this Agreement , SERVICE PROVIDER may be providing services to others unrelated to CITY or to this Agreement. 19 . Notices . Any notice required or intended to be given to either Party under the terms of this Agreement shall be in writing and shall be deemed to be duly given if delivered personally , transmitted by facsimile followed by telephone confirmation of receipt , or sent by United States registered or certified mail , with postage prepaid , return receipt requested , addressed to the Party to which notice is to be given at the Party's address set forth on the signature page of this Agreement or at such other address as the Parties may from time to time designate by written notice . Notices served by United States mail in the manner above described shall be deemed sufficiently served or given at the time of the mailing thereof. 20. Binding . Once this Agreement is signed by all Parties , it shall be binding upon , and shall inure to the benefit of, all Parties , and each Parties' respective heirs , successors , assigns, transferees , agents , servants , employees and representatives . 21 .Assignment. (a) This Agreement is personal to SERVICE PROVIDER and there shall be no assignment , transfer , sale , or subcontracting by SERVICE PROVIDER of its rights or obligations under this Agreement without CITY approval. Any assignment by SERVICE PROVIDER or its successors without CITY approval shall be null and void and may result in termination of this Agreement , at the election of the CITY . (b) SERVICE PROVIDER hereby agrees not to assign the payment of any monies due SERVICE PROVIDER from CITY under the terms of this Agreement to any other individual(s), corporation(s) or entity(ies). CITY retains the right to pay any and all monies due SERVICE PROVIDER directly to SERVICE PROVIDER. 22 . Compliance with Law . In providing the services required under this Agreement, SERVICE PROVIDER shall at all times comply with all applicable laws of the United States , the State of California and CITY , and with all applicable regulations promulgated by federal , state , regional , or local administrative and regulatory agencies , now in force and as they may be enacted , issued , or amended during the term of this Agreement. 23. Waiver. The waiver by either Party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. No provisions of this Agreement may be waived unless in writing and signed by all Parties to this Agreement. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein. -15- 24 . Governing Law and Venue . This Agreement shall be governed by , and construed and enforced in accordance with , the laws of the State of California , excluding , however, any conflict of laws rule which would apply the law of another jurisdiction . Venue for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any rights and duties hereunder shall be Fresno County , California . 25. 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. 26 . Severability . The provisions of this Agreement are severable. The invalidity or unenforceability of any one provision in this Agreement shall not affect the other provisions. 27. Interpretation. The Parties acknowledge that this Agreement in its final form is the result of the combined efforts of the Parties and that , should any provision of this Agreement be found to be ambiguous in any way , such ambiguity shall not be resolved by construing this Agreement in favor of or against either Party , but rather by construing the terms in accordance with their generally accepted meaning. 28 . 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. 29 . Exhibits. Each exhibit and attachment referenced in this Agreement is , by the reference , incorporated into and made a part of this Agreement. 30. Precedence of Documents. In the event of any conflict between the body of this Agreement and any Exhibit or Attachment hereto , the terms and conditions of the body of this Agreement shall control and take precedence over the terms and conditions expressed within the Exhibit or Attachment. Furthermore , any terms or conditions contained within any Exhibit or Attachment hereto which purport to modify the allocation of risk between the Parties , provided for within the body of this Agreement , shall be null and void. 31 . 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 . 32 . No Third Party Beneficiaries . The rights, interests , duties and obligations defined within this Agreement are intended for the specific Parties hereto as identified in the preamble of this Agreement. Notwithstanding anything stated to the contrary in this Agreement , it is not intended that any rights or interests in this Agreement benefit or flow to the interest of any third parties . 33 . 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 -16- Ill Ill Ill hereof and supersedes all prior negotiations , representations or agreements , either written or oral. This Agreement may be modified only by written instrument duly authorized and executed by both CITY and SERVICE PROVIDER. -17- IN WITNESS WHEREOF , the Parties have executed this Agreement at Fresno, California , the day and year first above written . CITY OF FRESNO , a California municipal corporation ATTEST: YVONNE SPENCE City Clerk By : ~&,q~ 2./25//~ Depu ty ' APPROVED AS TO FORM : DOUGLAS T . SLOAN City Attorney By ~-------=\_ Z-/:!>-/6 Date ' Addresses CITY : City of Fresno Attention : Jerry Schuber , Assistant Director of Public Utilities 1325 El Dorado Fresno , CA 93706 Phone : (559) 621-1801 FAX : (559) 266-1009 Attachments: Exhibit A -Scope of Services and Revenue Schedule Exhibit B -Insurance Requirements Exhibit C -Conflict of Interest Disclosure Exhibit D -Composition Study Process -18- MID-VALLEY RECYCLING, LLC a Californ ia limited liability corporation By : · 3•..sq-b /Lc.s}~ ~ Title : _=2_r_--e_..,,,,.) _____ _ (if corporation or LLC , Board Chair , Pres . or Vice Pres .) By : ---------- Name: ___________ _ Title : ---------- (if corporation or LLC , CFO , Treasurer, Secretary or Assistant Secretary) SERVICE PROVIDER: Mid -Valley Recycling, LLC Attention : Joseph Kalpakoff, President 15300 Jensen Ave . Kerman , CA 93630 Phone: (559) 237-9425 FAX : (559) 842-9436 Exhibit A SCOPE OF SERVICES Service Agreement between City of Fresno and Mid-Valley Recycling, LLC Co-mingled Recyclables Processing The Service Provider shall provide to CITY services related to Recyclables Processing as follows : 1. The Service Provider(s) will receive , process and recycle Recyclable Materials collected by the City of Fresno or its assigned agents and delivered to the Service Provider(s) processing site in accordance with the terms of this Agreement. 2 . The Service Provider will be expected to pay the City on a per ton basis for all Recyclable Materials delivered to the Service Provider processing site , as set forth in the terms of this Agreement. 3. The Service Provider(s) will assume all responsibility for the legal and proper disposal of residual waste materials that cannot be beneficially reused or recycled by the vendor(s). All residual waste materials shall be disposed of at the American Avenue Landfill , which is owned and operated by Fresno County . 4. The Service Provider(s) shall be required to submit quarterly tonnage reports for Recyclable Materials delivered to the Service Provider's processing site by the City , and the tonnage reports shall include the quantities of residual waste materials delivered to the American Avenue Landfill. Description of Current Services The City currently provides residential solid waste collection service to all single-family residential housing units (up to four dwelling units) located within the City 's municipal corporate limits. All residents receive solid waste collection , Co-mingled recyclables collection , and green waste collection services on a designated day for their neighborhood , and are provided with 96-gallon carts for each of the three material streams . Additional 96-gallon carts can be provided upon request , and an additional charge , for Co-mingled recyclables and green waste. The materials accepted through that program are listed on the City 's website at: http://www.fresno .gov/Government/DepartmentDirectory/PublicUtilities/SolidWaste/Resi dentialServices/Blue . htm REVENUE SCHEDULE FOR RECYCLABLE MATERIALS PAYMENTS FROM MID-VALLEY RECYCLING, LLC, TO CITY OF FRESNO Recyclables Rebate Index* Fiber Price Price to City Per Ton $0 to 109.99 $1.00 $110.00 to $119.99 $2.00 $120.00to $129.99 $3.00 $130.00 to $139.99 $5.00 $140.00 to $149 .99 $7.50 $150.00 to $159 .99 $9.50 $160.00 to $169.99 $12.00 $170.00 to $179.99 $14.00 $180.00 to $189.99 $16.00 $190.00 to $199 .99 $18.00 $200.00 $20.00 >$200.00 $20.00 + $2.00/ $10 * *Based on the PPI Recovered Paper -Export market index, Mixed Paper (2) -OBM LA commodity designation. 2 Exhibit B INSURANCE REQUIREMENTS Service Agreement between City of Fresno ("CITY") and Mid-Valley Recycling, LLC Co-mingled Recyclables Processing MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as : 1. The most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01 , providing liability coverage arising out of your business operations . The Commercial General Liability policy shall be written on an occurrence form and shall provide coverage for "bodily injury ," "property damage " and "personal and advertising injury " with coverage for premises and operations (including the use of owned and non-owned equipment), products and completed operations , and contractual liability (including , without limitation , indemnity obligations under the Agreement) with limits of liability not less than those set forth under "Minimum Limits of Insurance ." 2 . The most current version of ISO *Commercial Auto Coverage Form CA 00 01 , providing liability coverage arising out of the ownership , maintenance or use of automobiles in the course of your business operations . The Automobile Policy shall be written on an occurrence form and shall provide coverage for all owned , hired , and non-owned automobiles or other licensed vehicles (Code 1-Any Auto). If personal automobile coverage is used , the CITY , its officers , officials , employees , agents and volunteers are to be listed as additional insureds . 3 . Workers ' Compensation insurance as required by the State of California and Employer's Liability Insurance . MINIMUM LIMITS OF INSURANCE SERVICE PROVIDER shall maintain limits of liability of not less than those set forth below . However, insurance limits available to CITY , its officers , officials , employees , agents and volunteers as additional insureds , shall be the greater of the minimum limits specified herein or the full limit of any insurance proceeds available to the named insured : 1. COMMERCIAL GENERAL LIABILITY : (a) $2 ,000 ,000 per occurrence for bodily injury and property damage ; (b) $2 ,000 ,000 per occurrence for personal and advertising injury ; (c) $4 ,000 ,000 aggregate for products and completed operations ; and, (d) $4 ,000 ,000 general aggregate applying separately to the work performed under the Agreement. 2 . COMMERCIAL AUTOMOBILE LIABILITY : $1 ,000 ,000 per accident for bodily injury and property damage . 3. WORKERS' COMPENSATION INSURANCE as required by the State of California with statutory limits and EMPLOYER'S LIABILITY with limits of liability not less than (a) $1 ,000 ,000 each accident for bodily injury ; (b) $1 ,000 ,000 disease each employee ; and , (c) $1 ,000 ,000 disease policy limit. 5 . CONTRACTORS' POLLUTION LEGAL LIABILITY (CPL) (and/or other applicable policies as determined by the City 's Risk Manager or his/her designee , e .g. Asbestos Legal Liability) unless waived in writing by the CITY'S Risk Manager or his/her designee shall be written on either an occurrence form , or a claims-made form , and is required for all environmental and water remediation work and for all work transporting fuel. CPL is also required for demolition , renovation , HVAC , plumbing and electrical work (including , without limitation , lighting) on any structure built prior to the yea r 1990 with limits of liability of not less than the following : (a) $1 ,000 ,000 per occurrence or claim ; and , (b) $2 ,000 ,000 general aggregate per annual policy period . (i) In the event this Agreement involves any lead based, mold or asbestos environmental hazard , either the CAL policy or other appropriate insurance policy shall be endorsed to include Transportation Pollution Liability insurance covering materials to be transported by SERVICE PROVIDER pursuant to the Agreement. (ii) In the event this Agreement involves any lead-based environmental hazard (e .g ., lead based paint), and/or asbestos environmental haza rd (e .g . asbestos remediation), and/or mold environmental hazard (e.g . mold remediation) the CPL insurance policy or other appropriate policy shall be endorsed to include coverage for lead based environmental hazards and/or asbestos 2 environmental hazards and/or mold environmental hazards and "microbial matter including mold " with the definition of "Pollution" und UMBRELLA OR EXCESS INSURANCE In the event SERVICE PROVIDER purchases an Umbrella or Excess insurance policy(ies) to meet the "Minimum Limits of Insurance ," this insurance policy(ies) shall "follow form " and afford no less coverage than the primary insurance policy(ies). In addition , such Umbrella or Excess insurance policy(ies) shall also apply on a primary and non-contributory basis for the benefit of the CITY , its officers , officials , employees , agents and volunteers . DEDUCTIBLES AND SELF-INSURED RETENTIONS SERVICE PROVIDER shall be responsible for payment of any deductibles contained in any insurance policy(ies) required herein and SERVICE PROVIDER shall also be responsible for payment of any self-insured retentions. Any deductibles or self-insured retentions must be declared on the Certificate of Insurance, and approved by , the CITY 'S Risk Manager or his/her designee . At the option of the CITY 'S Risk Manager or his/her designee , either: (i) The insurer shall reduce or eliminate such deductibles or self-insured retentions as respects CITY , its officers , officials , employees, agents and volunteers ; or (ii) SERVICE PROVIDER shall provide a financial guarantee , satisfactory to CITY 'S Risk Manager or his/her designee , guaranteeing payment of losses and related investigations , claim administration and defense expenses. At no time shall CITY be responsible for the payment of any deductibles or self-insured retentions . OTHER INSURANCE PROVISIONS/ENDORSEMENTS (i) All policies of insurance required herein shall be endorsed to provide that the coverage shall not be cancelled, non-renewed , reduced in coverage or in limits except after thirty (30) calendar days written notice has been given to CITY, except ten (10) days for nonpayment of premium . SERVICE PROVIDER is also responsible for providing written notice to the CITY under the same terms and conditions. Upon issuance by the insurer , broker, or agent of a notice of cancellation , non-renewal , or reduction in coverage or in limits, SERVICE PROVIDER shall furnish CITY with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for CITY , SERVICE PROVIDER shall provide a new certificate, and applicable endorsements , evidencing renewal of such policy not less than fifteen (15) calendar days prior to the expiration date of the expiring policy. 3 (ii) The CGL, CAL and CPL policies of insurance shall be endorsed to name CITY , its officers , officials , agents , employees and volunteers as additional insureds. SERVICE PROVIDER shall establish additional insured status for the City and for all ongoing and completed operations by use of ISO Form CG 20 10 11 85 or both CG 20 10 10 01 and CG 20 37 10 01 or by an executed manuscript insurance company endorsement providing additional insured status as broad as that contained in ISO Form CG 20 10 11 85. (iii) For any claims related to this Agreement , SERVICE PROVIDER 'S insurance coverage shall be primary insurance with respect to the CITY , its officers , officials , agents , employees and volunteers. Any insurance or self- insurance maintained by the CITY, its officers , officials , agents , employees and volunteers shall be excess of the SERVICE PROVIDER'S insurance and shall not contribute with it. SERVICE PROVIDER shall establish primary and noncontributory status by use of ISO Form CG 20 01 04 13 or by an executed manuscript insurance company endorsement that provides primary and noncontributory status as broad as that contained in ISO Form CG 20 01 04 13 . (iv) Should any of the required policies provide that the defense costs are paid within the Limits of Liability , thereby reducing the available limits by any defense costs , then the requirement for the Limits of Liability of these polices will be twice the above stated limits. (v) The coverage shall contain no special limitations on the scope of protection afforded to CITY , its officers , officials , employees , agents and volunteers. Any available insurance proceeds in excess of the specified minimum limits and coverage shall be available to the Additional Insured. (v) The Workers ' Compensation insurance policy shall contain , or be endorsed to contain , a waiver of subrogation as to CITY , its officers , officials , agents , employees and volunteers. PROVIDING CITY WITH DOCUMENTS -SERVICE PROVIDER shall furnish CITY with all certificate(s) and applicable endorsements effecting coverage required herein All certificates and applicable endorsements are to be received and approved by the CITY'S Risk Manager or his/her designee prior to CITY'S execution of the Agreement and before work commences. All non-ISO endorsements amending policy coverage shall be executed by a licensed and authorized agent or broker . Upon request of CITY , SERVICE PROVIDER shall immediately furnish CITY with a complete copy of any insurance policy required under this Agreement , including all endorsements , with said copy certified by the underwriter to be a true and correct copy of the origina l policy. This requirement shall survive expiration or termination of this Agreement. CLAIMS-MADE POLICIES -If any coverage required is written on a claims- made coverage form : 4 (i) The retroactive date must be shown , and must be before the effective date of the Agreement or the commencement of work by SERVICE PROVIDER. (ii) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the work or termination of the Agreement , whichever first occurs . (iii) If coverage is canceled or non-renewed , and not replaced with another claims-made policy form with a retroactive date prior to the effective date of the Agreement, or work commencement date , SERVICE PROVIDER must purchase "extended reporting " period coverage for a minimum of five (5) years after completion of the work or termination of the Agreement , whichever first occurs. (iv) A copy of the claims reporting requirements must be submitted to CITY for review. (v) These requirements shall survive expiration or termination of the Agreement. MAINTENANCE OF COVERAGE -If at any time during the life of the Agreement or any extension , SERVICE PROVIDER fails to maintain any required insurance in full force and effect , all work under this Agreement shall be discontinued immediately until notice is received by CITY that the required insurance has been restored to full force and effect and that the prem iums therefore have been paid for a period satisfactory to CITY. Any failure to maintain the required insurance shall be sufficient cause for CITY to terminate this Agreement. No action taken by CITY hereunder shall in any way relieve SERVICE PROVIDER of its responsibilities under this Agreement. The phrase "fail to maintain any required insurance " shall include , without limitation , notification received by CITY that an insurer has commenced proceedings , or has had proceedings commenced against it , indicating that the insurer is insolvent. The fact that insurance is obtained by SERVICE PROVIDER shall not be deemed to release or diminish the liability of SERVICE PROVIDER , including , without limitation , liability under the indemnity provisions of this Agreement. The duty to indemnify CITY shall apply to all claims and liability regardless of whether any insurance policies are applicable . The policy limits do not act as a limitation upon the amount of indemnification to be provided by SERVICE PROVIDER. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of SERVICE PROVIDER, its principals , officers , agents , employees , persons under the supervision of SERVICE PROVIDER , vendors, suppliers , invitees , consultants, sub-consultants , or anyone employed directly or indirectly by any of them. 5 1 2 3 4 5 6 Exhibit C DISCLOSURE OF CONFLICT OF INTEREST Co-mingled Recyclables Processing Are you currently in litigation with the City of Fresno or any of its agents? Do you represent any firm, organization or person who is in litigation with the City of Fresno? Do you currently represent or perform work for any clients who do business with the City of Fresno? Are you or any of your principals, managers or professionals, owners or investors in a business which does business with the City of Fresno, or in a business which is in litigation with the City of Fresno? Are you or any of your principals, managers or professionals, related by blood or marriage to any City of Fresno employee who has any significant role in the subject matter of this service? Do you have, or expect to have, any interest, direct or indirect, in any other contract in connection with this Project? * If the answer to any question is yes, please explain in full below. -- YES* NO D ~ D [xl ~ D [xJ D D IBl D [x] / ) / Explanation: ( ) /L~ 3. We provide recycling services to thousands of businesses through our exclusive franchise. 4. Commercial solid waste franchise. No litigation . D Additional page(s) attached. ~e {j March 1st 2016 Date Joseph Kalpakoff (name) Mid Valley Recycling LLC (company) 2721 S Elm Avenue (address) Fresno, CA 93706 ( city state zip) EXHIBIT D Composition Study Procedures Composition Study Procedures 1. In preparation for , and prior to the start of each Composition Study , SERVICE PROVIDER shall ensure that: a . CITY has agreed to the date of the Composition Study in writing at least seven (7) days prior, and CITY is permitted to station observers to monitor the Processing Facility for the duration of the Composition Study or any portion thereof, at sole discretion of CITY's Administrator ; b . The Processing line and equipment are clear of all material and debris processed prior to the Composition Study , c. All floor space , areas , bunkers , and other facilities are adequately clear of all materials not appropriate for inclusion in the Composition Study including , but not limited to , materials delivered to the Processing Facility by any third party ; and d . Notify appropriate personnel , including , without limitation , employees of SERVICE PROVIDER , of the Compos ition Study and procedures , so that the likelihood of a breach in Composition Study procedures may be minimized. 2 . The Composition Study shall include 100 % of the Recyclable Materials and Residual Materials delivered to the Processing Facility by the CITY , or CITY'S agent(s), on the days designated as the Composition Study sample days . 3 . SERVICE PROVIDER shall bale all Recyclable Materials processed during the Composition Study in the manner appropriate for preparation for shipping . All Recyclable Materials shall be weighed and all bales measured for volume . 4. At the conclusion of the Composition Study , SERVICE PROVIDER shall ensure that all Recyclable Materials provided and identified for the Composition Study are processed and included in the Composition Study . 5 . SERVICE PROVIDER shall provide to the CITY an analytical report by material type. The analytical report shall include weight and volume processed by each material type , as well as other information that may be deemed appropriate by the CITY . 6 . The days of the week selected for the Composition Study should be rotated to ensure that the material and data are representative of the CITY'S material delivery profile . City of Fresno Legislation Text File#: 1016 -207 , Version: 1 REPORT TO THE CITY COUNCIL February 25, 2016 FROM: DOUG SLOAN , City Attorney Office of the City Attorney SUBJECT Actions pertaining to processing of Co-mingled Recyclables (Citywide): 2600 Fresno Street F resno , CA 93721 www.fresno.gov 1. Adopt a finding pursuant to CEQA Guideline 15061 (b )(3) of No Possibility these actions may have a significant effect on t he environment. 2 . Award a ten year agreeme nt to Mid Valley Recycling , LLC (Mid Valley), to process 50 percent of the City 's Co-mingled Recyclables (recyclables ) at an indexed rate pa id per ton to the City . 3 . Award a ten year agreement to Cedar Avenue Recycling and Transfer Station , LP (CARTS), to process 50 percent of the City 's recyclables at an indexed rate paid per ton to the City . EXECUTIVE SUMMARY On December 10 , 2015 , Council directed the City Attorney to negotiate agreements with the top two proposers for green waste and recyclables process ing , with each to receive approximately 50 percent of the City 's materials collected. · Council may award two , ten-year agreements -one to M id Valley to process 50 percent of the City 's recyclables at an indexed rate with a floor of $1 .00 per ton paid to the City , and another to CARTS to process the remaining 50 percent on the same terms . Afte r two months of negotiations , the parties have reached agreements , subject to Council approval. BACKGROUND In May 2015 , the City issued Request for Proposals (RFP ) 3405 , seeking proposals to process both recyclables and green waste . Of the proposers for recyclables , Mid Valley proposed the highest payment to the City at $10 per ton , and CARTS was second at $7 .50 . On October 8 , 2015 , Council was asked to approve an agreement with Mid Valley , subject to negotiation of the final terms . The item was cont i nued to allow the Administration to pursue a "best and final offer" from the top proposers . However, that request was rescinded on October 21 , 2015 , and the RFP was repealed on October 23 , 2015 . Subsequently Council directed the City Attorney to negotiate with the top two proposers in each category . City of Fresno Page 1 of 5 Print ed on 2/19/20 16 powered by Legistar™ ' . I File#: ID16-207 , Version: 1 2000 Sunset Agreement On March 16 , 2000 , the Council awarded an agreeme nt to Sunset Waste Paper , Inc ., (Sunset) to process residential recycling materials. The initial 5-year term of the Agreement was through March 16 , 2005 . The terms of the agreement provided a re ve nue sharing program for materials delivered to the facility . First Amendment to 2002 Agreement On April 3, 2002 , Council approved a long term agreement to Sunset , which allowed it to obtain financing for its new processing facility . The agreement a lso allowed for a larger portion of revenues to be shared with the City . The cost of the proc essing of materials was based on a per ton charge of $15 .00 per ton for processing and $31 .25 per ton fo r residual waste delivered to American Avenue Landfill . At the conclusion of the agreement costs had risen to $18 .55 per ton for processing , with a revenue sharing component , and $31 .25 for residual waste delivered to American Avenue Landfill . Commercial Outsourcing On December 5, 2011 , the City entered into an agreement for two commercial franchises , Allied Waste Services and Mid Valley Disposal , which allowed for the franchise holders to process recycling materials at locations other than Sunset. Sunset sued the City of Fresno for breach of the original agreement. The City and Sunset agreed to a settlement of $2 ,900 ,000 paid over the remaining three years of the agreement. In September 2014 , Mid Valley acquired Sunset , its processing facilities , and its contracts upon assignment. A reques t to assign the current agreement for the City was granted . The subsequent two , five year amendments to the original agreement were not renewed and an RFP for the services was requested . Since March of 2015 and during the RFP process , Mid Valley continues to process materials for the City at no cost or payment to the City . Proposals Pursuant to the RFP , Mid Valley proposed payment to the City of $10 .00 per ton and CARTS $7 .50 per ton . However, both companies have made it very clear their proposals were not fixed prices over ten years , but rather were subject to negotiation of complete terms of contracts to include provisions for the fluctuation of commodities markets , labo r costs , government regulations , and contamination levels. Even if Council had awarded one o r more contracts in November, the complete terms of contracts presented for consideration now likely would have been similar. Price Factors The recycling processors essentially buy materials from the City , sort them , and then resell them . Materials are sorted in to categories largely composed of fiber (paper products), metals , plastics, glass , and then waste destined for the landfill. The recyclables are largely sold to markets abroad and must be transported to ports and shipped . The largest factors affecting the profitability of the operations are the commodities prices , which a re affected by supply and demand of the particular items and oil prices. The commodity with the greatest influence , and therefore the customary standard for pricing , is the fiber market. Over the last five years , prices for fiber have ranged from about $80 to $210 per ton , with a typical price of about $130 pe r ton . Currently , however, prices are very low i and the companies could be losing money even at $0 cost or payment to the City . The companies do anticipate , however, that prices fluctuate and will increase again in the future , smoothing the costs and allowing for an offset of losses at other times. Here is a table of actual market prices over the last 5 years : City of Fres no Page 2 of 5 Printed on 2/19/20 16 powered by Legista r™ File#: 1016-207 , Version: 1 Recycled fiber market prices August 2011 -February 2016 Today 250.00 200.00 150.00 JOO.OD SO.OD -··r·· Ll'l Ll'l Ll'l 1.1'1 1/'l ID '1 ~ ; ~ '7 17 ~~4.g~~ -LA-OBM Mix Paper Labor costs also affect the companies . Both companies indicate the feasibility of the prices agreed upon now would be affected by increases in minimum wage . Also affecting the companies is the degree or percentage of waste materials (contaminants) included with the recyclables that must be sorted and sent to a landfill at an additional cost to the recycling company. Contamination levels vary , but average around 20 to 25 percent in materials collected by the City . When valuable recyclables are stolen or otherwise redirected from the City 's collection process , this reduces the overall value of the materials and increases the percentages of contaminants . If City solid waste customers are not diligent in separating materials or place wet paper products (wet products cannot be processed) in the City recycling containers , this negatively impacts the recycling operations . This factor is influenced by the degree and effectiveness of City education and enforcement programs concerning recycling . Current Negotiations The City Attorney 's Office negotiated contracts with the service providers. During the negotiations the companies indicated the RFP did not thoroughly specify criteria for several important variables , such as fluctuations in market rates for the recyclables , and the percentage of contaminants in the recyclable materials , and therefore the initial price offered by Mid Valley was not firm and had been subject to changes based upon those factors . Further , since the RFP was issued in June 2015 , market prices have fallen substantially . For example , the recycled fiber market , the point of sale for roughly half of recyclable materials , was priced at $130 in June 2015 and is currently at $80 . In addition , low oil prices are impacting the recycled plastics market, with uncertainty regarding market recovery. These factors are compounded ( by the possibility that labor rates may increase . During negotiations neither Mid Valley nor CARTS \.._: C ity of Fresn o Page 3 of 5 Printed on 2/19/201 6 powered by Legista r™ File#: 1016-207 , Version: 1 felt able to offer the steady per-ton prices submitted in response to the RFP in mid-2015. Both service providers insist on tying payments to the recyc led fiber market inde x, with prices calculated quarterly . After extensive discussions , the agreements before Council include the follow ing material terms : • Payment to the City pursuant to. the market price for recycled fibers , with a floor of $1.00 per ton of recyclables and increased payment to the City based upon market rates , with no ceiling (the City previously paid for recyclables processing , and is currently not paying for processing while negotiations continue); the parties share in the increased profitability as market prices rise . • A request by service provider to change the price other than as set forth in the agreement may result in the City issuing an RFP for the services or awarding services to another service provider currently contracted to perform the services , at the City 's option . • Only exceptions to above are (1) if a change in law causes a greater than 10 percent net decrease in funds to service provider for more than a year, in which case service proyider may submit a request for price adjustment along with documentation supporting a negative effect on its bottom line , or (2) if the market falls below $70 for two consecutive quarters. In either event, service provider and the City may negotiate a rate adjustment for 60 days and if no agreement is reached , City may issue RFP or award to another service provider contracted to perform the services. • Service providers dispose of any residuals at the County landfill. • The City may be back-charged for excessive contaminants , based upon controlled studies conducted twice per year. The proposed reduction in processing costs for recycling will convert the cost to the City for recycling of roughly $350,000 per year to revenue for recycling of at least $30 ,000 per year (based on average of 30 ,000 tons of materials delivered to the two companies). This revenue generation will help DPU further Council 's request to maintain current solid waste rates until Fiscal Year 2019 . Based upon these negotiations , the City Attorney believes the contractual terms likely would not improve should the City reject these contracts and send the contracts out to another RFP process. ENVIRONMENTAL FINDINGS Pursuant to CEQA Guidelines section 15061 (b)(3), there is no possibility that awarding these agreements will have a significant effect on the environment and this project is not subject to CEQA. This is because awarding the service agreements does not directly affect the environment. Each service provider must comply with CEQA regulations in performing its services , and construction of any new facilities required to fulfill these agreements will be assessed separately prior to construction . LOCAL PREFERENCE Although all the service providers are local businesses , local preference was not considered because FMC 4-109 does not require local preference for non-consulting , non-professional services contracts. C it y of Fre sno Page 4 of 5 Print ed on 2/19 /2 01 6 powe red by Legista r ™ I \ File#: 1016-207 , Version: 1 FISCAL IMPACT The City currently d e livers appro xi mately 30 ,000 tons of curbs id e co-mingled recycling . The prior agreement cost $18 .55 pe r ton to process , less a share of the revenue , equaling appro x imately $350 ,000 annually. The new agreements prov id e revenue to the solid waste management div ision and rate payers of at least $30 ,000 , for an annual difference of at least $380 ,000 . This is the table set forth in the contracts to determine prices paid to the City: Recyclables Rebate Index* Fiber Price Price to City Per Ton $0 to 109.99 $1.00 $110.00 to $119.99 $2.00 $120.00 to $129.99 $3 .00 $130.00 to $139.99 $5.M $140.00 to $149.99 $7 .50 $150.00 to $159 .99 $9.50 $160.00 to $169.99 $12.00 $170.00 to $179.99 $14.00 $180.00 to $189.99 $16 .00 $190.00 to $199.99 $18.00 $200.00 to $209.99 $20.00 >$209.99 $20.00 + $2.00 I $10 *Revenue sharing shall be tied to the PPI Recovered Paper -Ex port market index , using the Mixed Paper (2) -OBM LA commodity designation . Attachments : Agreement with Mid Valley Agreement with CARTS City of Fresno Page 5 of 5 Print ed on 2/19/20 16 powe red by Legistar™ SERVICE AGREEMENT CITY OF FRESNO, CALIFORNIA THIS AGREEMENT is made and entered into effective the 1.. day of :1'-'1'( , 2016 , by and between the CITY OF FRESNO , a California municipal corporation (hereinafter referred to as "CITY"), and Cedar Avenue Recycling and Transfer Station , LP , a California limited partnership (here inafter referred to as "SERVICE PROVIDER"), ind ividually each a "Party " and collect ively "the Parties." RECITALS WHEREAS , CITY desires to obta in Co-m ingled Recyclables Processing services for mate rials collected by CITY and its agents , here inafter referred to as the "Project "; and WHEREAS , SERVICE PROVIDER is engaged in the business of furnishing services as a Co-mingled Recyclable processor and hereby represents that it desires to and is physically and legally capable of performing the services called for by this Agreement ; and WHEREAS , SERVICE PROVIDER acknowledges that this Agreement is subject to the requirements of Fresno Municipal Code Section 4 -10 7; and WHEREAS , this Agreement will be administered fo r CITY by its Director of Public Utilit ies (here inafte r referred to as "Administrato r") or des ignee . AGREEMENT NOW, THEREFORE , in consideration of the foregoing and of the covenants , conditions , and promises hereinafter contained to be kept and performed by the respective Parties , it is mutually agreed as follows : 1. Definitions . For the purposes of this Agreement , the definitions and identificat ions set forth below are agreed upon by the Parties . (a ) Approval -shall mean a discretionary approval which shall not be unreasonably withheld , unless stated otherwise . (b ) Business Day(s) -shall mean Monday through Saturday . (c) CITY 's Representative -shall mean the Director of Public Utilities or his/her designee . (d) Contam inants -shall mean those chemicals , waste or other materials that render normally Recyclable Materials unusable or cause them to lose their market value. (e) Fiber Materials -shall include , but not be limited to , the following paper products : newspaper, mixed paper, office paper, computer paper, magazines , cardboard , -1- chipboard , paper bags, and telephone books . (f) Holiday(s) -shall mean Thanksgiving Day , Christmas Day , and New Year's Day . (g) Municipal Solid Waste ("MSW") -shall mean refuse , garbage , and trash , and may include food wastes , inorganics , and other materials not suitable for Recyclable Materials Processing . (h) Process or Processing -shall mean the method by which the SERVICE PROVIDER prepares the collected Recyclable Material for storage , shipment , and/or sale . (i) Processing Facility -shall means the location(s) where SERVICE PROVIDER Processes the collected Recyclable Material prior to storage , shipment and/or sale . The Processing Facility for purposes of this Agreement is located at 3457 S . Cedar Avenue , Fresno , California 93725 ; phone number (559) 233-1158 . U) Receiving Facility -shall mean the location where SERVICE PROVIDER receives deliveries of co-mingled Recyclable Material from CITY . The Receiving Facility location for purposes of this Agreement is 3457 S . Cedar Avenue , Fresno , California 93725 ; phone number (559) 233-1158 . Any proposed change to the location of the Receiv ing Facility is subject to the approval of the CITY , which will not be unreasonably withheld . (k) Recyclable Material(s) (also "Materials ") -shall include , but not be limited to , the various grades of waste paper, newsprint, magazines , envelopes , telephone books , corrugated cardboard , chipboard , glass (colorless , green , or brown), metal , rigid beverage containers , thermoplastics (1 , 2 , and 3), milk and juice containers (aseptic packages), and such other materials as mutually agreed upon in writing by the CITY and the SERVICE PROVIDER. Except as expressly provided herein , Recyclable Material shall not include any container which contains or has contained any hazardous waste or hazardous substance as defined in the California Health and Safety Code and/or any other material mutually agreed upon in writing by both Parties . (I) Ton -shall mean 2 ,000 pounds avoirdupois . (m) Working Day(s) -shall include all days the City of Fresno Recycling collection services are operational , as set by the City of Fresno solid waste collection schedule . SERVICE PROVIDER may petition CITY to modify these working hours to meet the conditions of its permit ; however, CITY shall be under no obligation to agree to any modification. (n) Year -shall mean the anniversary date of the Effective Date of this Agreement. 2 . Scope of Services. SERVICE PROVIDER shall perform to the satisfaction of CITY , the services described in Exhibit A , including all work incidental to or necessary to perform such services , even though not specifically described in Exhibit A. By executing this Agreement, SERVICE PROVIDER guarantees it currently has the site capacity , staffing , and equipment to fully meet the requirements of this Agreement. -2- 3 . Non-Exclusive Agreement. CITY agrees to deliver to SERVICE PROVIDER 's Receiving Facility , on a daily basis , excluding Sundays , approximately 50 percent of Recyclable Materials it (or its agent) collects . SERVICE PROVIDER acknowledges and agrees this is a non -exclusive Agreement and CITY is not obligated by this Agreement to deliver a minimum amount of Recyclable Materials to the Receiving Facility , but only approximately 50 percent of whatever is collected . CITY will make best efforts to deliver Recyclable Materials of equitable quality to all service providers receiving Recyclable Materials each day. Furthermore , CITY makes no guarantee on tonnages of Recyclable Material to be anticipated by SERVICE PROVIDER , but will endeavor to avoid large fluctuations in the amount of material that is delivered to the Receiving Facility on any given day . CITY retains the right to divert negligible quantities of Recyclable Materials for various purposes at its sole discretion . 4 . Term of Agreement and Time for Performance . This Agreement shall be effective from the date first set forth above ("Effective Date") and shall continue in full force and effect for ten years , through June 30 , 2026 , subject to any earlier termination in accordance with this Agreement. The services of SERVICE PROVIDER as described in Exhibit A are to commence upon the Effective Date and shall be completed in a sequence assuring expeditious completion , but in any event , all such services shall be completed prior to expiration of this Agreement and in accordance with any performance schedu le set forth in Exhibit A. 5 . Business License . If the SERVICE PROVIDER does not have a C ity of Fresno Business License , it shall obtain such a license prior to the Effective Date of this Agreement and maintain it in effect throughout the term of this Agreement. 6. Compensation. (a) SERVICE PROVIDER shall compensate CITY for each ton of Recyclable Material in accordance with the schedule set forth in Exhibit A, attached hereto and by this reference incorporated herein . (b) SERVICE PROV IDER shall provide quarterly statements accounting the calculated rebates owed to CITY , on January 15 , April 15 , July 15 , and October 15 of each year . (c) SERVICE PROVIDER shall pay CITY quarterly. Such payment shall accompany each quarterly report. Should SERVICE PROVIDER fail to make payment to CITY within 30 days of the dates described in Subsections (a) and (b) above , SERVICE PROVIDER shall pay interest to CITY on such amount at the rate of 8 percent per annum , accumulated for each calenda r day payment is late . (d) Contaminants . The Parties recognize that Contaminants lessen the efficiency of Processing and SERVICE PROVIDER incurs costs disposing of Contaminants. After two years from the Effect ive Date of this Agreement, if Contaminants comprise more than 25% of the Materials delivered to SERVICE PROVIDER by CITY or it agent(s), based upon the Compos ition Study procedures as set forth -3- in EXHIBIT D, SERVICE PROVIDER may reduce its compensation to CITY by the then-current per-ton cost to dispose of the excess Contaminants (more than 25%) at the CITY-designated disposal facility (currently American Avenue Landfill). SERVICE PROVIDER shall document weight of Contaminants by providing certified weight tickets from the disposal facility. In the event that CITY delivers materials to SERVICE PROVIDER containing less than 20% Contaminants , as calculated by the Composition Studies , SERVICE PROVIDER shall increase its compensation to CITY $1.00 per ton of recyclable materials received . SERVICE PROVIDER shall conduct a Composition Study of the CITY'S delivered materials in both May and October of each year of this Agreement , in accordance with procedures described below. Thereupon , the average of the most recent two Composition Studies will be used to determine the percentage of Contaminants contained in the City 's Recyclable Materials. If CITY has contracted with more than once SERVICE PROVIDER to process Recyclable Materials , all SERVICE PROVIDERS shall complete Composition Studies as set forth herein . Of the Compos ition Studies completed by each SERVICE PROVIDER , the pair of Compos ition Studies calculating the lowest average of Contaminants shall be used by the City and all SERVICE PROVIDERS to establish the level of Contaminants in the materials delivered to SERVICE PROVIDER. CITY shall be given no less than 24 hours ' prior notice of, and have the right to observe , monitor , and audit , each and every Composition Study conducted by SERVICE PROVIDER. The SERVICE PROVIDER and CITY shall mutually agree upon the date(s) and time(s) of any Composition Study examining CITY's materials , in writing , no less than three (3) days in advance of each Composition Study. (e) SERVICE PROVIDER understands and agrees any request by SERVICE PROVIDER to adjust the payment to CITY other than as set forth in this Agreement , make material changes to this Agreement , or otherwise decrease revenue or increase costs to CITY under this Agreement, may result in CITY either , in the CITY 's sole discretion : (1) issuing a new Request for Proposals for these services; or (2) entering into an agreement with another provider of the same service then currently under contract to complete the balance of the term of this Agreement pursuant to the terms of the other contract ; either of which may result in termination of this Agreement if CITY awards a contract to another service provider. Notwithstanding the above, SERVICE PROVIDER may submit to the Administrator a request for a price adjustment, along with documentation supporting the request , if all the following occur: -4- i) A material change in law (for example, minimum wage or regulatory requirements) including , but not limited to , the cumulative impact of multiple changes in law , affects the net cost to perform the services herein by a margin of at least 10 percent (based upon cost at the commencement of the Agreement); ii) The change in law negatively affects feasibility of providing the services as set forth in Exhibit A , based upon the net cost to SERVICE PROVIDER and considering a combination of commodity market gains , lower fuel costs , or other offsets to the costs incurred due to a change in law ; and iii) The negative impact continues for a period of at least one year . OR iv) The average monthly market price is less than $70 for two consecutive quarters, as reported by the Pulp and Paper Weekly using the PPI Recovered Paper -Export Market Index , Mixed Paper (2) -Official Board Markets ("OBM) Los Angeles ("LA ") commodity designation. Should a request demonstrate the above , the Administrator shall consider the request , and the Parties shall have 60 days to negotiate a price adjustment and amendment to this Agreement , subject to approval of the City Council. If no agreement is reached , the Parties may agree to continue the Agreement without a change in terms, or the CITY will issue a Request for Proposals or enter into an agreement with another provider of the same service then currently under contract, as set forth above . If no agreement is reached , 180 days from the date SERVICE PROVIDER submits a request , SERVICE PROVIDER shall be relieved of its duties to CITY hereunder and shall have no further obligation pursuant to this Agreement to furnish the services called for by this Agreement. If this Agreement is terminated by CITY pursuant to the above , SERVICE PROVIDER shall be relieved of its duties to CITY hereunder and shall have no further obligation pursuant to this Agreement to furnish the services called for by this Agreement. Apart from its obligation to pay to CITY any compensation due to CITY for materials delivered and processed prior to such termination , SERVICE PROVIDER shall have no further liability whatsoever to CITY hereunder. (f) Should the Parties mutually agree to modify the scope of services provided in this Agreement or provide for the rendition of additional services not required by this Agreement, such modification may include an adjustment to CITY's compensation. Any change in the scope of services must be made by written amendment to the Agreement and signed by an authorized representative for each Party . (g) Payment: SERVICE PROVIDER shall submit payment to the City of Fresno as set forth in this Agreement at the following address: -5- City of Fresno Solid Waste Division 1325 El Dorado Street, Building S Fresno , CA 93721 7. Termination , Remedies and Force Majeure. (a) This Agreement may terminate without any liability of SERVICE PROVIDER to CITY as provide in Section 6 above , and without any liability of CITY to SERVICE PROVIDER upon the earlier of: (i) CITY 'S non-appropriation of funds sufficient to meet its obligations hereunder during any CITY fiscal year of this Agreement , or insufficient funding for the Project ; (ii) any material change to SERVICE PROVIDER which affects SERVICE PROVIDER 's obligations to CITY ; or (iii) expiration of this Agreement. (b) Termination for cause : (i) If the SERVICE PROVIDER shall fail to complete delivery within the time or times specified herein , of all or any part of the materials , equipment, supplies , or services to be provided under the Agreement , the City Manager of the City of Fresno or his/her designee , acting for and on behalf of CITY , may at any time after the expiration of the time for cure, terminate the Agreement as to the whole thereof; or in the event partial delivery has been made and accepted , as to such of the items or seNice to be furnished which have not been delivered or accepted prior to such termination. (ii) Either Party may terminate this Agreement if the other Party materially breaches any of its obligations under this Agreement and fails to commence and diligently pursue reasonable efforts to cure such breach within 15 days after written notice by the other Party specifically describing the breach. (iii) Such termination shall be effective upon receipt by the a Party of written notice of termination from the authorized representative of the other Party , which notice shall be deemed to have been received by the other Party , if mailed by certified mail , within 48 hours to the Party 's address as conta ined this Agreement , or , if personally delivered , upon the delivery thereof to the Party , the authorized representative of the Party , or to the Party 's said address . (c) Immediately upon any termination or expiration of this Agreement , SERVICE PROVIDER shall : (i) stop all work hereunder; (ii) pay to CITY any and all earned payments ; and (iii) return all properties and materials in the possession of SERVICE PROVIDER that are owned by CITY . Subject to the terms of this Agreement, SERVICE PROVIDER shall pay compensation to CITY for Recyclable Materials delivered prior to the effective date of termination . (d) In the event of termination due to failure of SERVICE PROVIDER to satisfactorily perform in accordance with the terms of this Agreement , CITY may demand from -6- SERVICE PROVIDER payment of an assurance , in an amount that would otherwise be payable as an offset to , but not in excess of, CITY 'S damages caused by such failure . In no event shall any such demand by CITY pursuant to this Agreement constitute a waiver by CITY of any breach of this Agreement which may then exist on the part of SERVICE PROVIDER , nor shall such payment impair or prejudice any remedy available to CITY with respect to the breach . (e) Upon any breach of this Agreement by SERVICE PROVIDER , CITY may : (i) exercise any right , remedy (in contract , law , or equity), or privilege which may be available to it under applicable laws of the State of California or any other applicable law ; (ii) proceed by appropriate court action to enforce the terms of the Agreement ; and/or (iii) recover all direct, indirect , consequential , economic , and incidental damages for the breach of the Agreement. (f) SERVICE PROVIDER shall provide CITY with adequate written assurances of future performance , upon Administrator's request , in the event SERVICE PROVIDER fails to comply with any terms or conditions of this Agreement. (g) SERVICE PROVIDER shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of SERVICE PROVIDER and without its fault or negligence such as , acts of God or the public enemy , acts of CITY in its contractual capacity , fires , floods , epidemics , quarantine restrictions , strikes , unusually severe weather, and delays of common carriers . SERVICE PROVIDER shall notify Administrator in writing as soon as it is reasonably possible after the commencement of any excusable delay , setting forth the full particulars in connection therewith , and shall remedy such occurrence with all reasonable dispatch , and promptly give written notice to Administrator of the cessation of such occurrence . 8. Receiving Recyclable Materials . (a) SERVICE PROVIDER shall make the Receiving Facility available for deliveries of Recyclable Material on Working Days (between the hours of 6 :30 a.m . to 5 :30 p.m., Monday through Friday , and from 7 :00 a .m . to 12 :00 p .m. on Saturday , except Holidays), or such other times as the Parties may agree. (b) Except as expressly provided in this subsection , SERVICE PROVIDER will accept the Recyclable Material "as is" and will assume all risks in handling such mate ri al. (c) Recyclable Material delivered to the Receiving Facility by CITY shall be received by SERVICE PROVIDER's employees and equipment onto grounds of the Receiving Facility . SERVICE PROVIDER shall ensure that CITY's vehicles are able to complete delivery of a load in twelve minutes or less (from time of weigh- in prior to unloading the Materials through weigh-out after unloading the Materials). (d) SERVICE PROVIDER shall make accessible clean , sanitary , and well- maintained restroom facilities conveniently located at the Receiving Facility for -7- drivers delivering Recyclable Materials. Said restrooms shall remain available during all hours the Receiving Facility may receive Recyclable Materials. (e) In the event that SERVICE PROVIDER determines an entire single load of Recyclable Material delivered by a CITY vehicle pursuant to this Agreement constitutes "hazardous material " as defined in Division 4 .5 of Title 22 of California Code of Regulations , then SERVICE PROVIDER may reject such load and return it to CITY ; provided that SERVICE PROVIDER provides to CITY clear and convincing evidence that the entire load returned by SERVICE PROVIDER : (i) was originally contained in a single load delivered by a CITY vehicle pursuant to this Agreement ; and (ii ) that such entire single load constituted "hazardous material " as defined in Division 4 .5 of Title 22 of California Code of Regulations . (f) In the event that SERVICE PROVIDER determines an entire single load of Recyclable Material delivered by a CITY veh icle pursuant to this Agreement is comprised of 50 percent or greater Contaminants by weight, SERVICE PROVIDER may reject the single load , provided SERVICE PROVIDER may back charge CITY for its reasonable and necessary processing costs , but shall keep the load and not require CITY retake possession of the load. (g) SERVICE PROVIDER shall provide weight tickets from a State of California registered and certified scale. Weight tickets are to be signed by the delivering CITY employee. SERVICE PROVIDER shall electronically transmit data of all weight tickets to CITY for each Working Day , by the following Working Day . SERVICE PROVIDER shall sort the original ha rd copy weight tickets by date and mail or deliver to CITY's Solid Waste Management Division office on a daily basis. This requirement may be satisfied by giving such hard copies to a CITY delivery vehicle driver to transport to such Division office . The electronic format is to be compatible with Access , Dbase , FoxPro , Excel or ASCII. SERVICE PROVIDER shall develop a format and electronic transfer process satisfactory to CITY with assistance of CITY's information systems specialist. SERVICE PROVIDER shall prepare each weight ticket by assigning each a unique control number, identifying thereon the Receiving Facility by name , and including thereon the following printed informat ion : Inbound Date and Time , Weighmaster Outbound Date and Time , Weighmaster CITY Truck Number, Vehicle License Plate Number , Description of material , Gross Weight in pounds , Gross Truck Tare Weight in pounds , Net Weight in pounds , Driver Signature , Route Number. (h) SERVICE PROVIDER shall at al l times comply with all federal, state and local agency regulations in receiving Recyclable Materials. (i) In furtherance of CITY delivering Recyclable Materials with no more than a reasonable quantity of residual/contaminant materials , CITY will continue a good faith reasonable program of educating solid waste customers about minimizing Recyclable Material contamination and enforcement efforts . -8- 9. Processing Recyclable Materials . (a) SERVICE PROVIDER shall be responsible for the storage , processing , transfer, sale , and final disposition of CITY 's Recyclable Materials at the Processing Facility in a manner ensuring compliance with permits issued by federal , state or local governmental bodies or agencies for the Processing Facility. Final end-use of Processed Recyclable Materials shall conform to California Integrated Waste Management Board ("CIWMB"), now "CalRecycle ," Assembly Bill 939 ("AB939") requirements to enable CITY to receive maximum feasible diversion credits . SERVICE PROVIDER shall comply with the provisions of the Source Reduction and Recycl ing Element (SRRE) plan adopted by CalRecycle for CITY to meet such AB939 requirements. The end use of one hundred percent of CITY's Recyclable Materials received and Processed by SERVICE PROVIDER shall be subject to the reasonable approval of CITY's Representative . SERVICE PROVIDER shall comply with all applicable federal , state and local laws , and with AB939 requirements for final disposition of CITY's Recyclable Materials. (b) SERVICE PROVIDER shall be responsible for all costs related to , and disposal of, any Residuals from the Recyclable Materials delivered to SERVICE PROVIDER. (c) SERVICE PROVIDER shall meet all federal , state and local laws , as well as CalRecycle regulations and standards for the methods of Processing of Recyclable Materials . 10 . Confidential Information and Ownership of Documents . (a) Subject to State regulations , any reports , information , or other data prepared or assembled by SERVICE PROVIDER pursuant to this Agreement shall not be made available to any individual or organization by SERVICE PROVIDER without the prior written approval of the Administrator. During the term of this Agreement , and thereafter, SERVICE PROVIDER shall not , without the prior written consent of CITY , disclose to anyone any Confidential Information. The term Confidential Information for the purposes of this Agreement shall include all proprietary and confidential information of CITY , including but not limited to business plans , marketing plans , financial information , materials , compilations , documents, instruments , models , source or object codes , and other information disclosed or submitted orally , in writing , or by any other medium or media . All Confidential Information shall be and remain confidential , and proprietary of CITY . Confidential Information shall not include daily tonnage records of materials received from CITY. (b) Any and all writings and documents prepared or provided by SERVICE PROVIDER pursuant to this Agreement are the property of CITY at the time of preparation and shall be turned over to CITY upon expiration or termination of the Agreement. SERVICE PROVIDER shall not permit the reproduction or use thereof by any other person except as otherwise expressly provided herein . (c) This Section shall survive expiration or termination of this Agreement. -9- 11 . Representation of Skill. It is mutually understood and agreed by and between the Parties hereto that inasmuch as SERVICE PROVIDER represents to CITY that SERVICE PROVIDER is skilled in the industry and shall perform in accordance with the standards of said industry necessary to perform the services agreed to be done by it under this Agreement , CITY relies upon the skill of SERVICE PROVIDER to do and perform such services in a skillful manner , and SERVICE PROVIDER agrees to thus perform the services . Therefore , any acceptance of such services by CITY shall not operate as a release of SERVICE PROVIDER from said industry standards or those set forth in this Agreement. 12 . Indemnification . To the furthest extent allowed by law , SERVICE PROVIDER 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), and from any and all claims , demands and actions in law or equity (including reasonable attorney's fees and litigation expenses) that arise out of, pertain to , or relate to the negligence , recklessness or willful misconduct of SERVICE PROVIDER , its principa ls , officers , employees , agents or volunteers in the performance of this Agreement. The SERVICE PROVIDER 's obligations under the preceding sentence shall apply regardless of whether CITY or any of its officers , officials , employees , agents or volunteers are actively or passively negligent , but shall not apply to any loss , liability , fines , penalties , forfeitures , costs or damages caused by the gross negligence or by the willful misconduct of CITY or any of its officers , officials , employees , agents or volunteers . This section shall survive termination or expiration of this Agreement. 13 . Insurance. (a) Throughout the life of this Agreement , SERVICE PROVIDER shall pay for and maintain in full force and effect all insurance as required in Exhibit B , which is incorporated into and part of this Agreement , with an insurance company(ies) either: (i) admitted by the Californ ia Insurance Commissioner to do business in the State of California and rated no less than "A-VII " in the Best's Insurance Rating Guide ; or (ii) as may be authorized in wr iting by CITY'S Risk Manager or his/her designee at any time and in his/her sole discretion . The required policies of insurance as stated in Exhibit B shall maintain limits of liability of not less than those amounts stated therein. However, the insurance limits available to CITY , its officers , officials , employees , agents and volunteers as additional insureds , shall be the greater of the minimum limits specified therein or the full limit of any insurance proceeds to the named insured. (b) If at any time during the life of the Agreement or any extension , SERVICE PROVIDER fails to maintain any required insurance in full force and effect , all services and work under this Agreement shall be discontinued immediately , and all payments due or that become due to SERVICE PROVIDER shall be withheld until notice is received by CITY that the required insurance has been restored to -10- full force and effect and that the premiums therefore have been paid for a period satisfactory to CITY. Any failure to maintain the required insurance shall be sufficient cause for CITY to terminate this Agreement. No action taken by CITY pursuant to this section shall in any way relieve SERVICE PROVIDER of its responsibilities under this Agreement. The phrase "fail to maintain any required insurance " shall include , without limitation , notification received by CITY that an insurer has commenced proceedings , or has had proceedings commenced against it , indicating that the insurer is insolvent. (c) The fact that insurance is obtained by SERVICE PROVIDER shall not be deemed to release or diminish the liability of SERVICE PROVIDER , including , without limitation , liability under the indemnity provisions of this Agreement. The duty to indemnify CITY shall apply to all claims and liability regardless of whether any insurance policies are applicable . The policy limits do not act as a limitation upon the amount of indemnification to be provided by SERVICE PROVIDER. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of SERVICE PROVIDER , its principals , officers , agents , employees , or persons under the supervision of SERVICE PROVIDER , vendors , suppliers , invitees , consultants , sub-consultants , or anyone employed directly or indirectly by any of them . (d) Upon request of CITY , SERVICE PROVIDER shall immediately furnish CITY with a complete copy of any insurance policy required under this Agreement , including all endorsements , with said copy certified by the underwriter to be a true and correct copy of the original policy . This requirement shall survive expiration or termination of this Agreement. 14 . Conflict of Interest and Non-Solicitation. (a) Prior to CITY 'S execution of this Agreement , SERVICE PROVIDER shall complete a City of Fresno conflict of interest disclosure statement in the form as set forth in Exhibit C . During the term of this Agreement , SERVICE PROVIDER shall have the obligation and duty to immediately notify CITY in writing of any change to the information provided by SERVICE PROVIDER in such statement. SERVICE PROVIDER shall comply with all applicable (i) professional canons and requirements governing avoidance of impermissible client conflicts; and (ii) federal , state and local conflict of interest laws and regulations including , without limitation , California Government Code Section 1090 et. seq ., the California Political Reform Act (California Government Code Section 87100 et. seq .) and the regulations of the Fair Political Practices Commission concerning disclosure and disqualification (2 California Code of Regulations Section 18700 et. seq .). At any time , upon written request of CITY , SERVICE PROVIDER shall provide a written opinion of its legal counsel that , after a due diligent inquiry , SERVICE PROVIDER is in full compliance with all laws and regulations . SERVICE PROVIDER shall take reasonable steps to avoid any appearance of a conflict of interest. Upon discovery of any facts giving rise to the appearance of a conflict of -11- interest , SERVICE PROVIDER shall immediately notify CITY of these facts in writing . (b) In performing the work or services to be provided hereunder, SERVICE PROVIDER shall not employ or retain the services of any person while such person either is employed by CITY or is a member of any CITY council , commission , board , committee , or s imilar CITY body . This requirement may be waived in writing by the City Manager , if no actual or potential conflict is involved . (c) SERVICE PROVIDER represents and warrants that it has not paid or agreed to pay any compensation , contingent or otherwise, direct or indirect , to solicit or procure this Agreement or any rights/benefits hereunder . (d) SERVICE PROVIDER shall have no interest, direct or indirect, in any other contract with a third party in connection with this Project unless such interest is in accordance with all applicable law and fully disclosed to and approved by the City Manager , in advance and in writing. Notwithstanding any approval given by the City Manager under this provision , SERVICE PROVIDER shall remain responsible for complying with Section 14(a), above . (e) This Section shall survive expiration or termination of this Agreement. 15. Recycling Program. In the event SERVICE PROVIDER maintains an office or operates a facility(ies), or is required herein to maintain or operate same , within the incorporated limits of the City of Fresno , SERVICE PROVIDER at its sole cost and expense shall: (a) Immediately establish and maintain a viable and ongoing recycling program , approved by CITY 'S Solid Waste Management Division , for each office and facility . Literature describing CITY recycling programs is available from CITY 'S Solid Waste Management Division and by calling City of Fresno Recycling Hotline at (559) 621 -1111 . (b) Immediately contact CITY 'S Solid Waste Management Division at (559) 621- 1452 and schedule a free waste audit , and cooperate with such Division in their conduct of the audit for each office and facility. (c) Cooperate with and demonstrate to the satisfaction of CITY 'S Solid Waste Management Division the establishment of the recycling program in paragraph (i) above and the ongoing maintenance thereof. 16 . General Terms. (a) Authorized signature . Except as otherwise provided by law , all notices expressly required of CITY within the body of this Agreement , and not otherwise specifically provided for , shall be effective only if signed by the Administrator or his/her designee . (b) Audits . Records of SERVICE PROVIDER 'S expenses pertaining to the Project shall be kept on a generally recognized accounting basis and shall be available to CITY or its authorized representatives upon request during regular business -12- hours throughout the life of this Agreement and for a period of three years after final payment or, if longer, for any period required by law . In addition , all books , documents , papers , and records of SERVICE PROVIDER pertaining to the Project shall be available for the purpose of making audits , examinations , excerpts , and transcriptions for the same period of time . If any litigation , claim , negotiations , audit or other action is commenced before the expiration of said time period , all records shall be retained and made available to CITY until such action is resolved , or until the end of said time period whichever shall later occur. This Section 11 (b) shall survive expiration or termination of this Agreement. (c) License . Prior to execution of this Agreement by CITY, SERVICE PROVIDER shall have provided evidence to CITY that SERVICE PROVIDER is licensed to perform the services called for by this Agreement (or that no license is required). 17. Nondiscrimination. To the extent required by controlling federal , state and local law , SERVICE PROVIDER shall not employ discriminatory practices in the provision of services , employment of personnel , or in any other respect on the basis of race, religious creed , color, national origin , ancestry , physical disability , mental disability , medical condition , marital status , sex , age , sexual orientation , ethnicity , status as a disabled veteran or veteran of the Vietnam era . Subject to the foregoing and during the performance of this Agreement , SERVICE PROVIDER agrees as follows : (a) SERVICE PROVIDER will comply with all applicable laws and regulations providing that no person shall , on the grounds of race , religious creed , color, national origin , ancestry , physical disability , mental disability , medical condition , marital status , sex, age, sexual orientation , ethnicity , status as a disabled veteran or veteran of the Vietnam era be excluded from participation in , be denied the benefits of, or be subject to discrimination under any program or activity made possible by or resulting from this Agreement. (b) SERVICE PROVIDER will not discriminate against any employee or applicant for employment because of race , religious creed , color , national origin , ancestry , physical disability , mental disability , medical condition , marital status , sex, age , sexual orientation , ethnicity , status as a disabled veteran or veteran of the Vietnam era. SERVICE PROVIDER shall ensure that applicants are employed, and the employees are treated during employment, without regard to their race, religious creed, color, national origin , ancestry , physical disability , mental disability, medical condition , marital status , sex , age , sexual orientation , ethnicity, status as a disabled veteran or veteran of the Vietnam era . Such requirement shall apply to SERVICE PROVIDER 'S employment practices including, but not be limited to , the following : employment , upgrading , demotion or transfer ; recruitment or recruitment advertising ; layoff or termination ; rates of pay or other forms of compensation ; and selection for training, including apprenticeship . SERVICE PROVIDER agrees to post in conspicuous places, available to employees and applicants for employment , notices setting forth the provision of this nondiscrimination clause. -13- (c) SERVICE PROVIDER will, in all solicitations or advertisements for employees placed by or on behalf of SERVICE PROVIDER in pursuit hereof, state that all qualified applicants will receive consideration for employment without regard to race , religious creed , color , national origin , ancestry , physical disability , mental disability , medical condition , marital status , sex , age , sexual orientation , ethnicity , status as a disabled veteran or veteran of the Vietnam era . (d) SERVICE PROVIDER will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding , a notice advising such labor union or workers' representatives of SERVICE PROVIDER 'S commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 18. Independent Contractor. (a) In the furnishing of the services provided for herein , SERVICE PROVIDER is acting solely as an independent SERVICE PROVIDER. Neither SERVICE PROVIDER , nor any of its officers , agents or employees shall be deemed an officer , agent , employee , joint venture , partner or assoc iate of CITY for any purpose. CITY shall have no right to control or supervise or direct the manner or method by which SERVICE PROVIDER shall perform its work and functions. However, CITY shall retain the right to administer this Agreement so as to verify that SERVICE PROVIDER is performing its obligations in accordance with the terms and conditions thereof. (b) This Agreement does not evidence a partnership or joint venture between SERVICE PROVIDER and CITY . SERVICE PROVIDER shall have no authority to bind CITY absent CITY 'S express written consent. Except to the extent otherwise provided in this Agreement, SERVICE PROVIDER shall bear its own costs and expenses in pursuit thereof. (c) Because of its status as an independent SERVICE PROVIDER , SERVICE PROVIDER and its officers , agents and employees shall have absolutely no right to employment rights and benefits available to CITY employees. SERVICE PROVIDER shall be solely liable and responsible for all payroll and tax withholding and for providing to , or on behalf of, its employees all employee benefits including , without limitation, health , welfare and retirement benefits . In addition , together with its other obligations under this Agreement, SERVICE PROVIDER shall be solely responsible, indemnify , defend and save CITY harmless from all matters relating to employment and tax withholding for and payment of SERVICE PROVIDER'S employees , including , without limitation, (i) compliance with Social Security and unemployment insurance withholding , payment of workers compensation benefits , and all other laws and regulations governing matters of employee withholding , taxes and payment; and (ii) any claim of right o r interest in CITY employment benefits , entitlements , programs -14- and/or funds offered employees of CITY whether arising by reason of any common law , de facto , leased , or co-employee rights or other theory. It is acknowledged that during the term of this Agreement , SERVICE PROVIDER may be providing services to others unrelated to CITY or to this Agreement. 19 . Notices . Any notice required or intended to be given to either Party under the terms of this Agreement shall be in writing and shall be deemed to be duly given if delivered personally , transmitted by facsimile followed by telephone confirmation of receipt , or sent by United States registered or certified mail , with postage prepa id , return receipt requested , addressed to the Party to which notice is to be given at the Party's address set forth on the signature page of this Agreement or at such other address as the Parties may from time to time designate by written notice. Notices served by Un ited States mail in the manner above described shall be deemed sufficiently served or given at the time of the mail ing thereof. 20 . Binding . Once this Agreement is signed by all Parties , it shall be binding upon , and shall inure to the benefit of, all Parties , and each Parties' respective heirs , successors , assigns, transferees , agents , servants , employees and representatives . 21 .Assignment. (a) This Agreement is personal to SERVICE PROVIDER and there shall be no assignment , transfer , sale , or subcontracting by SERVICE PROVIDER of its rights or obligations under this Agreement without CITY approval. Any assignment by SERVICE PROVIDER o r its successors without CITY approval shall be null and void and may result in termination of this Agreement , at the election of the CITY . (b) SERVICE PROVIDER hereby agrees not to assign the payment of any monies due SERVICE PROVIDER from CITY under the terms of this Agreement to any other individual(s), corporation(s) or entity(ies). CITY retains the right to pay any and all monies due SERVICE PROVIDER directly to SERVICE PROVIDER. 22 . Compliance with Law. In providing the services required under this Agreement, SERVICE PROVIDER shall at all times comply with all applicable laws of the United States , the State of California and CITY , and with all applicable regulations promulgated by federal , state , regional , or local administrative and regulatory agencies , now in force and as they may be enacted , issued , or amended during the term of this Agreement. 23. Waiver. The waiver by either Party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. No provisions of this Agreement may be waived unless in writing and signed by all Parties to this Agreement. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein . 24. Governing Law and Venue . This Agreement shall be governed by , and construed and enforced in accordance with, the laws of the State of California , excluding , however, any conflict of laws rule which would apply the law of another jurisdiction . -15- Venue for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any rights and duties hereunder shall be Fresno County, California. 25 . 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. 26 . Severability. The provisions of this Agreement are severable . The invalidity or unenforceability of any one provision in this Agreement shall not affect the other prov1s1ons. 27 . Interpretation . The Parties acknowledge that this Agreement in its final form is the result of the combined efforts of the Parties and that , should any provision of this Agreement be found to be ambiguous in any way , such ambiguity shall not be resolved by construing this Agreement in favor of or against either Party , but rather by construing the terms in accordance with their generally accepted meaning . 28. 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 . 29. Exhibits . Each exhibit and attachment referenced in this Agreement is, by the reference , incorporated into and made a part of this Agreement. 30 . Precedence of Documents . In the event of any conflict between the body of this Agreement and any Exhibit or Attachment hereto, the terms and conditions of the body of this Agreement shall control and take precedence over the terms and conditions expressed within the Exhibit or Attachment. Furthermore , any terms or conditions contained within any Exhibit or Attachment hereto which purport to modify the allocation of risk between the Parties , provided for within the body of this Agreement , shall be null and void . 31 . 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 . 32. No Third Party Beneficiaries. The rights , interests , duties and obligations defined within this Agreement are intended for the specific Parties hereto as identified in the preamble of this Agreement. Notwithstanding anything stated to the contrary in this Agreement , it is not intended that any rights or interests in this Agreement benefit or flow to the interest of any third parties. 33. Extent of Agreement. Each Party acknowledges that they have read and fully understand the contents of this Agreement. This Agreement represents the entire and integrated agreement between the Parties with respect to the subject matter hereof and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be modified only by written instrument duly authorized and executed by both CITY and SERVICE PROVIDER. -16- IN WITNESS WHEREOF , the Partie s have executed this Agreement at Fresno , California , the day and year first above w ritten . CITY OF FRESNO , a California municipal corporation By : ; Lt/\/ Thom ~Es eda , Director Depa ~,,91 e of Public Utilities ATTEST : YVONNE SPENCE City Clerk CEDAR AVENUE RECYCLING AND TRANSFER STATION , LP ::alifor#*~ Nf g//b Name 1~C/14dt1rtf 4- Title : /k:f .c!R@ /J~ , Partner By: By : 7Y}O<AA!-u 7()~ -....tl/~Name : _________ _ Deputy M """° M c,,c,\,-\~(.e-vt..l'-1 ~~ ?:>18 )l(p T itle: APPROVED AS TO FORM : DOUGLAS T . SLOAN City Attorney By :· ~~·--(9.-/.6 Date Addresses CITY : City of Fresno Attention : Jerry Schuber, Assistant Director of Public Utilities 1325 El Dorado Fresno , CA 93706 Phone : (559) 621-1801 FAX : (559) 266-1009 Attachments : Exhibit A -Scope of Services and Revenue Schedule Exhibit B -Insurance Requirements Exhibit C -Conflict of Interest Disclosure Exhibit D -Composition Study Process -17- Partner SERVICE PROVIDER: Cedar Avenue Recycling and Transfer Station , LP Attention : Richard M . Caglia , Partner 3457 S . Cedar Ave. Fresno , CA 93725 Phone : (559) 233-1158 FAX : (559) 441-4140 Exhibit A SCOPE OF SERVICES Service Agreement between City of Fresno and Cedar Avenue Recycling and Transfer Station, LP Co-mingled Recyclables Processing The Service Provider shall provide to CITY services related to Recyclables Processing as follows: 1. The Service Provider(s) will receive , process and recycle Recyclable Materials collected by the City of Fresno or its assigned agents and delivered to the Service Provider(s) processing site in accordance with the terms of this Agreement. 2 . The Service Provider will be expected to pay the City on a per ton basis for all Recyclable Materials delivered to the Service Provider processing site , as set forth in the terms of this Agreement. 3. The Service Provider(s) will assume all responsibility for the legal and proper disposal of residual waste materials that cannot be beneficially reused or recycled by the vendor(s). All residual waste materials shall be disposed of at the American Avenue Landfill , which is owned and operated by Fresno County. 4 . The Service Provider(s) shall be required to submit quarterly tonnage reports for Recyclable Materials delivered to the Service Provider's processing site by the City , and the tonnage reports shall include the quantities of residual waste materials delivered to the American Avenue Landfill . Description of Current Services The City currently provides residential solid waste collection service to all single-family residential housing units (up to four dwelling units) located within the City 's municipal corporate limits. All residents receive solid waste collection , Co-mingled recyclables collection , and green waste collection services on a designated day for their neighborhood , and are provided with 96-gallon carts for each of the three material streams . Additional 96-gallon carts can be provided upon request , and an additional charge , for Co-mingled recyclables and green waste . The materials accepted through that program are listed on the City 's website at: http://www.fresno .gov/Government/DepartmentDirectory/PublicUtilities/SolidWaste/Resi dentialServices/Blue.htm REVENUE SCHEDULE FOR RECYCLABLE MATERIALS PAYMENTS FROM CARTS TO CITY OF FRESNO Recyclables Rebate Index* Fiber Price Price to City Per Ton $0 to 109.99 $1.00 $110.00 to $119.99 $2.00 $120.00to $129.99 $3.00 $130.00 to $139.99 $5.00 $140.00 to $149.99 $7 .50 $150.00 to $159.99 $9.50 $160.00 to $169.99 $12.00 $170.00 to $179.99 $14.00 $180.00 to $189 .99 $16.00 $190.00 to $199.99 $18.00 $200 .00 $20.00 >$200.00 $20.00 + $2.00/ $10 * *Based on the PPI Recovered Paper -Export market index, Mixed Paper (2) -OBM LA commodity designation. 2 Exhibit B INSURANCE REQUIREMENTS Service Agreement between City of Fresno ("CITY") and Cedar Avenue Recycling and Transfer Station, LP Co-m ingled Recyclables Processing MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: 1. The most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01 , providing liability coverage arising out of your business operations . The Commercial General Liability policy shall be written on an occurrence form and shall provide coverage for "bodily injury ," "property damage " and "personal and advertising injury " with coverage for premises and operations (including the use of owned and non-owned equipment), products and completed operations , and contractual liability (including, without limitation , indemnity obligations under the Agreement) with limits of liability not less than those set forth under "Minimum Limits of Insurance ." 2. The most current version of ISO *Commercial Auto Coverage Form CA 00 01 , providing liability coverage arising out of the ownership , maintenance or use of automobiles in the course of your business operations . The Automobile Policy shall be written on an occurrence form and shall provide coverage for all owned , hired , and non-owned automobiles or other licensed vehicles (Code 1-Any Auto). If personal automobile coverage is used , the CITY , its officers , officials , employees , agents and volunteers are to be listed as additional insureds . 3 . Workers ' Compensation insurance as required by the State of California and Employer's Liability Insurance. MINIMUM LIMITS OF INSURANCE SERVICE PROVIDER shall maintain limits of liability of not less than those set forth below . However, insurance limits available to CITY, its officers, officials , employees , agents and volunteers as additional insureds , shall be the greater of the minimum limits specified herein or the full limit of any insurance proceeds available to the named insured : 1. COMMERCIAL GENERAL LIABILITY : (a) $2 ,000 ,000 per occurrence for bodily injury and property damage; (b) $2 ,000 ,000 per occurrence for personal and advertising injury; (c) $4 ,000 ,000 aggregate for products and completed operations ; and , (d) $4 ,000 ,000 general aggregate applying separately to the work performed under the Agreement. 2 . COMMERCIAL AUTOMOBILE LIABILITY : $1 ,000 ,000 per accident for bodily injury and property damage. 3. WORKERS' COMPENSATION INSURANCE as required by the State of California with statutory limits and EMPLOYER'S LIABILITY with limits of liability not less than (a) $1 ,000 ,000 each accident for bodily injury ; (b) $1 ,000 ,000 disease each employee ; and , (c) $1 ,000 ,000 disease policy limit. 5 . CONTRACTORS' POLLUTION LEGAL LIABILITY (CPL) (and/or other applicable policies as determined by the City 's Risk Manager or his/her designee , e.g . Asbestos Legal Liability) unless waived in writing by the CITY'S Risk Manager or his/her designee shall be written on either an occurrence form , or a claims-made form , and is required for all environmental and water remediation work and for all work transporting fuel. CPL is also required for demolition , renovation , HVAC , plumbing and electrical work (including , without limitation , lighting) on any structure built prior to the year 1990 with limits of liability of not less than the following : (a) $1 ,000 ,000 per occurrence or claim ; and , (b) $2 ,000 ,000 general aggregate per annual policy period . (i) In the event this Agreement involves any lead based , mold or asbestos environmental hazard , either the CAL policy or other appropriate insurance policy shall be endorsed to include Transportation Pollution Liability insurance covering materials to be transported by SERVICE PROVIDER pursuant to the Agreement. (ii) In the event this Agreement involves any lead-based environmental hazard (e.g ., lead based paint), and/or asbestos environmental hazard (e.g . asbestos remediation), and/or mold environmental hazard (e .g . mold remediation) the CPL insurance policy or other appropriate policy shall be endorsed to include coverage for lead based environmental hazards and/or asbestos 2 environmental hazards and/or mold environmental hazards and "microbial matter including mold " with the definition of "Pollution " und UMBRELLA OR EXCESS INSURANCE In the event SERVICE PROVIDER purchases an Umbrella or Excess insurance policy(ies) to meet the "Minimum Limits of Insurance ," this insurance policy(ies) shall "follow form " and afford no less coverage than the primary insurance policy(ies). In addition , such Umbrella or Excess insurance policy(ies) shall also apply on a primary and non-contributory basis for the benefit of the CITY , its officers , officials, employees , agents and volunteers. DEDUCTIBLES AND SELF-INSURED RETENTIONS SERVICE PROVIDER shall be responsible for payment of any deductibles contained in any insurance policy(ies) required herein and SERVICE PROVIDER shall also be responsible for payment of any self-insured retentions . Any deductibles or self-insured retentions must be declared on the Certificate of Insurance, and approved by , the CITY 'S Risk Manager or his/her designee . At the option of the CITY 'S Risk Manager or his/her designee , either: (i) The insurer shall reduce or eliminate such deductibles or self-insured retentions as respects CITY , its officers , officials , employees , agents and volunteers; or (ii) SERVICE PROVIDER shall provide a financial guarantee , satisfactory to CITY'S Risk Manager or his/her designee , guaranteeing payment of losses and related investigations , claim administration and defense expenses . At no time shall CITY be responsible for the payment of any deductibles or self-insured retentions . OTHER INSURANCE PROVISIONS/ENDORSEMENTS (i) All policies of insurance required herein shall be endorsed to provide that the coverage shall not be cancelled , non-renewed , reduced in coverage or in limits except after thirty (30) calendar days written notice has been given to CITY , except ten (10) days for nonpayment of premium . SERVICE PROVIDER is also responsible for providing written notice to the CITY under the same terms and conditions . Upon issuance by the insurer, broker, or agent of a notice of cancellation , non-renewal , or reduction in coverage or in limits, SERVICE PROVIDER shall furnish CITY with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for CITY, SERVICE PROVIDER shall provide a new certificate , and applicable endorsements , evidencing renewal of such policy not less than fifteen (15) calendar days prior to the expiration date of the expiring policy . 3 (ii) The CGL , CAL and CPL policies of insurance shall be endorsed to name CITY , its officers , officials, agents , employees and volunteers as additional insureds. SERVICE PROVIDER shall establish additional insured status for the City and for all ongoing and completed operations by use of ISO Form CG 20 10 11 85 or both CG 20 10 10 01 and CG 20 37 10 01 or by an executed manuscript insurance company endorsement providing additional insured status as broad as that contained in ISO Form CG 20 10 11 85 . (iii) For any claims related to this Agreement , SERVICE PROVIDER 'S insurance coverage shall be primary insurance with respect to the CITY , its officers , officials , agents , employees and volunteers . Any insurance or self- insurance maintained by the CITY , its officers , officials , agents , employees and volunteers shall be excess of the SERVICE PROVIDER 'S insurance and shall not contribute with it. SERVICE PROVIDER shall establish primary and noncontributory status by use of ISO Form CG 20 01 04 13 or by an executed manuscript insurance company endorsement that provides primary and noncontributory status as broad as that contained in ISO Form CG 20 01 04 13 . (iv) Should any of the required policies provide that the defense costs are paid within the Limits of Liability , thereby reducing the available limits by any defense costs , then the requirement for the Limits of Liability of these polices will be twice the above stated limits . (v) The coverage shall contain no special limitations on the scope of protection afforded to CITY , its officers , officials , employees , agents and volunteers. Any available insurance proceeds in excess of the specified minimum limits and coverage shall be available to the Additional Insured. (v) The Workers ' Compensation insurance policy shall contain , or be endorsed to contain , a waiver of subrogation as to CITY , its officers , officials , agents , employees and volunteers . PROVIDING CITY WITH DOCUMENTS -SERVICE PROVIDER shall furnish CITY with all certificate(s) and applicable endorsements effecting coverage required herein All certificates and applicable endorsements are to be received and approved by the CITY'S Risk Manager or his/her designee prior to CITY'S execution of the Agreement and before work commences. All non-ISO endorsements amending policy coverage shall be executed by a licensed and authorized agent or broker. Upon request of CITY , SERVICE PROVIDER shall immediately furnish CITY with a complete copy of any insurance policy required under this Agreement, including all endorsements , with said copy certified by the underwriter to be a true and correct copy of the original policy . This requirement shall survive expiration or termination of this Agreement. CLAIMS-MADE POLICIES -If any coverage required is written on a claims- made coverage form: 4 (i) The retroactive date must be shown , and must be before the effective date of the Agreement or the commencement of work by SERVICE PROVIDER. (ii) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the work or termination of the Agreement , whichever first occurs . (iii) If coverage is canceled or non-renewed , and not replaced with another claims -made policy form with a retroactive date prior to the effective date of the Agreement , or work commencement date , SERVICE PROVIDER must purchase "extended reporting " per iod coverage for a minimum of five (5) years after completion of the work or termination of the Agreement , whichever first occurs. (iv) A copy of the claims reporting requirements must be submitted to CITY for review . (v) These requirements shall survive expiration or termination of the Agreement. MAINTENANCE OF COVERAGE -If at any time during the life of the Agreement or any extension , SERVICE PROVIDER fails to maintain any required insurance in full force and effect, all work under this Agreement shall be discontinued immediately until notice is received by CITY that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to CITY . Any failure to maintain the required insurance shall be suffic ient cause for CITY to terminate this Agreement. No action taken by CITY hereunder shall in any way relieve SERVICE PROVIDER of its responsibilities under this Agreement. The phrase "fail to maintain any required insurance " shall include , without limitation , notification received by CITY that an insurer has commenced proceedings , or has had proceedings commenced against it , indicating that the insurer is insolvent. The fact that insurance is obtained by SERVICE PROVIDER shall not be deemed to release or diminish the liability of SERVICE PROVIDER , including , without limitation , liability under the indemnity provisions of this Agreement. The duty to indemnify CITY shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by SERVICE PROVIDER. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of SERVICE PROVIDER , its principals , officers , agents , employees , persons under the supervision of SERVICE PROVIDER , vendors , suppliers , invitees, consultants , sub-consultants , or anyone employed directly or indirectly by any of them. s Exhibit C DISCLOSURE OF CONFLICT OF INTEREST Co-mingled Recyclables Processing YES* NO 1 Are you currently in litigation with the City of Fresno or any of its D ~ agents? 2 Do you represent any firm, organization or person who is in D ~ litigation with the City of Fresno? 3 Do you currently represent or perform work for any clients who do ~ D business with the City of Fresno? 4 Are you or any of your principals , managers or professionals , owners or investors in a business which does business with the D ~ City of Fresno , or in a business which is in litigation with the City of Fresno? 5 Are you or any of your principals , managers or professionals , related by blood or marriage to any City of Fresno employee who D [gJ has any significant role in the subject matter of this service? 6 Do you have , or expect to have , any interest, direct or indirect, in any other contract in connection with this Project? ~ D * If the answer to any question is yes , please explain in full below. t, -Sig-n~----'~'"---,~~'~~~-:;2'-~...___' _' f1 1 Explanation : {¥3) <!411.... r.5 p<Zr - ;lo r /Y'J-:.. > e rv / t e ~ -,Cc, ,,-C'11-v ~ /;;2 '/lr; / 4 rJ/?<'ll-cu,.r,:r/'JT CL;"17"/"41 {;. d 6} C.A/'Lrs /pt.Ir/<.> w1-i-/., " /J <' ,;::'D / "Y? c. ;7 (.; of:' ,R rl'> < ,e-f" .J MJ /"<? ( '7 ( / q /:, )<' > . D Additional page(s) attached. Date ·12~:(_tf?~~ @ q~,9-· (name) C'<'-PAl"l-AV~L'<-- /t.<"<(f<'/J;;i .5 { r ref,15~,,,. ' (company) ?.t:>. Jt>.X tj-1/6 (address) .,,Cl'Z-5 46) ~. 9 's 7 ° i (city state zip) EXHIBIT D Composition Study Procedures Composition Study Procedures 1. In preparation for , and prior to the start of each Composition Study , SERVICE PROVIDER shall ensure that: a. CITY has agreed to the date of the Composition Study in writing at least seven (7) days prior, and CITY is permitted to station observers to monitor the Processing Facility for the duration of the Composition Study or any portion thereof, at sole discretion of CITY's Administrator ; b. The Processing line and equipment are clear of all material and debris processed prior to the Composition Study , c . All floor space , areas , bunkers , and other facilities are adequately clear of all materials not appropriate for inclusion in the Composition Study including , but not limited to , materials delivered to the Processing Facility by any third party ; and d. Notify appropriate personnel , including , without limitation , employees of SERVICE PROVIDER , of the Composition Study and procedures, so that the likelihood of a breach in Composition Study procedures may be minimized . 2 . The Composition Study shall include 100% of the Recyclable Materials and Residual Materials delivered to the Processing Facility by the CITY , or CITY'S agent(s), on the days designated as the Composition Study sample days. 3 . SERVICE PROVIDER shall bale all Recyclable Materials processed during the Composition Study in the manner appropriate for preparation for shipping . All Recyclable Materials shall be weighed and all bales measured for volume . 4. At the conclusion of the Composition Study , SERVICE PROVIDER shall ensure that all Recyclable Materials provided and identified for the Composition Study are processed and included in the Composition Study. 5. SERVICE PROVIDER shall provide to the CITY an analytical report by material type. The analytical report shall include weight and volume processed by each material type , as well as other information that may be deemed appropriate by the CITY . 6 . The days of the week selected for the Composition Study should be rotated to ensure that the material and data are representative of the CITY'S material delivery profile . City of Fresno Legislation Text File#: 1016 -207, Version: 1 REPORT TO THE CITY COUNCIL February 25, 2016 FROM: DOUG SLOAN , City Attorney Office of the City Attorney SUBJECT Actions pertaining to processing of Co-mingled Recyclables (Citywide): 26 00 Fres no Stree t Fresno, CA 9372 1 www.fres no .g ov 1. Adopt a finding pursuant to CEQA Guideline 15061 (b)(3) of No Possibility these actions may have a significant effect on the environment. 2 . Award a ten year agreement to Mid Valley Recycling , LLC (Mid Valley), to process 50 percent of the City 's Co-mingled Recyclables (recyclables) at an indexed rate paid per ton to the City . 3. Award a ten year agreement to Ceda r Avenue Recycling and Transfer Station , LP (CARTS), to process 50 percent of the City 's recyclables at an indexed rate paid per ton to the City . EXECUTIVE SUMMARY On December 10 , 2015 , Council directed the City Attorney to negotiate agreements with the top two proposers for green waste and recyclables processing , with each to receive approximately 50 percent of the City 's materials collected . · Council may award two , ten-year agreements -one to Mid Valley to process 50 percent of the City's recyclables at an indexed rate with a floor of $1 .00 per ton paid to the City , and another to CARTS to process the remaining 50 percent on the same terms . After two months of negotiations , the parties have reached agreements, subject to Council approval. BACKGROUND In May 2015 , the City issued Request for Proposals (RFP) 3405 , seeking proposals to process both recyclables and green waste . Of the proposers for recyclables , Mid Valley proposed the highest payment to the City at $10 per ton , and CARTS was second at $7 .50 . On October 8 , 2015 , Council was asked to approve an agreement with Mid Valley , subject to negotiation of the final terms . The item was continued to allow the Administration to pursue a "best and final offer" from the top proposers . However, that request was rescinded on October 21 , 2015 , and the RFP was repealed on October 23 , 2015. Subsequently Council directed the City Attorney to negotiate with the top two proposers in each category . Cit y of Fr es no Page 1 of 5 Printed on 2/19/2016 powered by Legista r™ File#: 1016 -2 0 7 , Version: 1 2000 Sunset Agreement On March 16 , 2000 , the Council awarded an agreement to Sunset Waste Paper , Inc ., (Sunset) to process residential recycling materials . The initial 5-year term of the Agreement was through March 16 , 2005. The terms of the agreement provided a revenue sharing program for materials delivered to the facility . First Amendment to 2002 Agreement On April 3 , 2002 , Council approved a long term agreement to Sunset , which allowed it to obtain financing for its new processing facility. The agreement also allowed for a larger portion of revenues to be shared with the City . The cost of the processing of materials was based on a per ton charge of $15 .00 per ton for processing and $31.25 per ton for residual waste delivered to American Avenue Landfill. At the conclusion of the agreement costs had risen to $18.55 per ton for processing , with a revenue sharing component , and $31 .25 for residual waste delivered to American Avenue Landfill. Commercial Outsourcing On December 5 , 2011, the City entered into an agreement fo r two commercial franchises , Allied Waste Services and Mid Valley Disposal , which allowed for the franchise holders to process recycling materials at locations other than Sunset. Sunset sued the City of Fresno for breach of the original agreement. The City and Sunset agreed to a settlement of $2 ,900 ,000 paid over the remaining three years of the agreement. In September 2014 , Mid Valley acquired Sunset , its processing facilities, and its contracts upon assignment. A request to assign the current agreement for the City was granted . The subsequent two , five year amendments to the original agreement were not renewed and an RFP for the services was requested . Since March of 2015 and during the RFP process , Mid Valley continues to process materials for the City at no cost or payment to the City. Proposals Pursuant to the RFP , Mid Valley proposed payment to the City of $10 .00 per ton and CARTS $7.50 per ton . However, both companies have made it very clear their proposals were not fixed prices over ten years , but rather were subject to negotiation of complete terms of contracts to include provisions for the fluctuation of commodities markets , labor costs , government regulations , and contamination levels . Even if Council had awarded one or more contracts in November, the complete terms of contracts presented for consideration now likely would have been similar. Price Factors The recycling processors essentially buy materials from the City , sort them , and then resell them . Materials are sorted in to categories largely composed of fiber (paper products), metals, plastics , glass , and then waste destined for the landfill. The recyclables are largely sold to markets abroad and must be transported to ports and shipped . The largest factors affecting the profitability of the operations are the commodities prices , which are affected by supply and demand of the particular items and oil prices . The commodity with the greatest influence , and therefore the customary standard for pricing , is the fiber market. Over the last five years , prices for fiber have ranged from about $80 to $210 per ton , with a typical price of about $130 per ton . Currently , however, prices are very low; and the companies could be losing money even at $0 cost or payment to the City . The companies do anticipate , however , that prices fluctuate and will increase aga in in the future , smoothing the costs and allowing for an offset of losses at other times. Here is a table of actual market prices over the last 5 years: City of Fr es no Page 2 of 5 Print ed on 2/19/20 16 powe red by Leg istar™ File#: ID16-207 , Version: 1 Recycled fiber market prices August 2011 -February 2016 Today 200.00 150.00 100.00 50.00 ·r rl rl rl i B ~ <t O o -LA-OBM Mix Paper ---·· --· J Labor costs also affect the companies . Both companies indicate the feasibility of the prices agreed upon now would be affected by increases in minimum wage . Also affecting the companies is the degree or percentage of waste materials (contaminants) included with the recyclables that must be sorted and sent to a landfill at an additional cost to the recycling company. Contamination levels vary , but average around 20 to 25 percent in materials collected by the City . When valuable recyclables are stolen or otherwise redirected from the City's collection process , this reduces the overall value of the materials and increases the percentages of contaminants. If City solid waste customers are not diligent in separating materials or place wet paper products (wet products cannot be processed) in the City recycling containers , this negatively impacts the recycling operations . This factor is influenced by the degree and effectiveness of City education and enforcement programs concerning recycling . Current Negotiations The City Attorney 's Office negotiated contracts with the service providers. During the negotiations the companies indicated the RFP did not thoroughly specify criteria for several important variables , such as fluctuations in market rates for the recyclables , and the percentage of contaminants in the recyclable materials , and therefore the initial price offered by Mid Valley was not firm and had been subject to changes based upon those factors . Further , since the RFP was issued in June 2015 , market prices have fallen substantially. For example , the recycled fiber market, the point of sale for roughly half of recyclable materials , was priced at $130 in June 2015 and is currently at $80. In addition , low oil prices are impacting the recycled plastics market , with uncertainty regarding market recovery . These factors are compounded ( by the possibility that labor rates may increase. During negotiations neither Mid Valley nor CARTS "· C ity of Fresno Page 3 of 5 Printed on 2/19/20 16 powered by Legistar™ File#: 1016-207 , Version: 1 felt able to offer the steady per-ton prices submitted in response to the RFP in mid-2015. Both service providers insist on tying payments to the recycled fiber market inde x, with prices calculated quarterly. After extens ive discussions , the agreements before Council include the following material terms : • Payment to the City pursuant to. the market price for recycled fibers , w ith a floor of $1 .00 per ton of recyclables and increased payment to the City based upon market rates , with no ceiling (the City previously paid for recyclables processing , and is currently not paying for processing while negotiations continue); the parties share in the increased profitability as market prices rise . • A request by service provider to change the price other than as set forth in the agreement may result in the City issuing an RFP for the serv ices or awarding services to another service provider currently contracted to perform the services , at the City 's option. • Only exceptions to above are (1) if a change in law causes a greater than 10 percent net decrease in funds to service provider for more than a year, in which case service proyider may submit a request for price adjustment along with documentation supporting a negative effect on its bottom line , or (2) if the market falls below $70 for two consecutive quarters . In either event , service provider and the City may negotiate a rate adjustment for 60 days and if no agreement is reached, City may issue RFP or award to another service provider contracted to perform the services . • Service providers dispose of any residuals at the County landfill. • The City may be back-charged for excessive contaminants , based upon controlled studies conducted twice per year. The proposed reduction in processing costs for recycling will convert the cost to the City for recycling of roughly $350 ,000 per year to revenue for recycling of at least $30 ,000 per year (based on average of 30,000 tons of materials delivered to the two companies). Th is revenue generation will help DPU further Council 's request to maintain current solid waste rates until Fiscal Year 2019. Based upon these negotiations , the City Attorney believes the contractual terms likely would not improve should the City reject these contracts and send the contracts out to another RFP process . ENVIRONMENT AL FINDINGS Pursuant to CEQA Guidelines section 15061 (b)(3), there is no possibility that awarding these agreements will have a significant effect on the environment and this project is not subject to CEQA. This is because awarding the service agreements does not directly affect the environment. Each service provider must comply with CEQA regulations in performing its services , and construction of any new facilities required to fulfill these agreements will be assessed separately prior to construction. LOCAL PREFERENCE Although all the service providers are local businesses , local preference was not considered because FMC 4-109 does not require local preference for non-consulting , non-professional services contracts . City of Fres no Page 4 of 5 Printed on 2/19/20 16 powered by Legistar™ I \ File#: 1016-207 , Version: 1 FISCAL IMPACT The City currently delivers appro x imately 30 ,00 0 tons of cu rbside co-mingled recycling . The prior agreement cost $18 .55 per ton to process , less a share of the revenue , equaling appro x imately $350 ,000 annually . The new agreements prov id e revenue to the solid waste management division and rate paye rs of at least $30 ,000 , for an annual difference of at least $380 ,000 . This is the table set forth in the contracts to determine prices paid to the City : Recyclables Rebate Index* Fiber Price Price to City Per Ton $0 to 109.99 $1 .00 $110.00 to $119.99 $2.00 $120.00 to $129.99 $3.00 $130.00 to $139.99 $5.o ·o $140.00 to $149.99 S?.50 $150.00 to $159.99 $9.50 $160.00 to $169.99 $12.00 $170.00 to $179.99 $14.00 $180.00 to $189.99 $16.00 $190.00 to $199.99 $18.00 $200.00 to $209.99 $20.00 >$209.99 $20.00 + $2.00 I $10 *Revenue sharing shall be tied to the PPI Recovered Paper -Export market index , using the Mixed Paper (2) -OBM LA commodity designation . Attachments: Agreement with Mid Valley Agreement with CARTS C it y of Fresno Page 5 of 5 Print ed on 2/19/20 16 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID19-1917 Agenda Date:6/20/2019 Agenda #:AP. CONTINUED 2019-2020 BUDGET HEARING June 20, 2019 SUBJECT Vote on Motions and Directions EXECUTIVE SUMMARY BACKGROUND ENVIRONMENTAL FINDINGS LOCAL PREFERENCE FISCAL IMPACT Attachment: City of Fresno Printed on 3/17/2023Page 1 of 1 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID19-1797 Agenda Date:6/20/2019 Agenda #: JOINT MEETING OF THE FRESNO REVITALIZATION CORPORATION AND CITY OF FRESNO IN ITS CAPACITY AS HOUSING SUCCESSOR TO THE REDEVELOPMENT AGENCY. June 20, 2019 FROM:MARLENE MURPHEY, Executive Director SUBJECT Receive Annual Report and Approve FY 19-20 Program Income Budget for the City of Fresno in its capacity as Housing Successor to the Redevelopment Agency of the City of Fresno RECOMMENDATION: Staff recommends that the City acting in its capacity as Housing Successor to the Redevelopment Agency of the City of Fresno (FHS)and the Fresno Revitalization Corporation (FRC)approve the attached FY19-20 FHS Budget to appropriate program income. BACKGROUND: On January 26,2012,in accordance with Health &Safety Code Section 34176,the City Council elected to assume,as of February 1,2012,the housing assets,duties,functions and obligations of the former Redevelopment Agency of the City of Fresno (former Agency)and delegated all of those duties and responsibilities to the Fresno Revitalization Corporation. Pursuant to Section 34176 HSC,added by AB x1 26 and amended by AB 1484,the State Department of Finance (DOF)issued a decision letter on August 31,2012 and the Superior Court of California,County of Sacramento,issued a Ruling on February 11,2014 confirming that the FHS owns all affordable housing assets of the former Agency as listed in a housing asset transfer schedule prepared by the FHS and submitted to the DOF on August 1,2012.All housing assets are now held and administered by the FHS in the Low to Moderate Income Housing Asset Fund (LMIHAF)pursuant to the Dissolution Law,in particular Sections 34176 and 34176.1,as amended by Senate Bill 341,effective on January 1,2014 and Senate Bill 107 approved and filed September 22, 2015. As discussed in detail below,changes in the law resulted in new rules applicable to the:expenditure of unencumbered moneys in the LMIHAF;time limit for development of property acquired by the City of Fresno Printed on 3/17/2023Page 1 of 4 powered by Legistar™ File #:ID19-1797 Agenda Date:6/20/2019 Agenda #: of unencumbered moneys in the LMIHAF;time limit for development of property acquired by the former agency for the development of affordable housing; and, preparation of an annual report. SB107/ANNUAL REPORT: In accordance with Section 34176.1(f),incorporated into SB 107,an annual report must be prepared that contains the following elements:loan repayments;amount deposited into LMIHAF;ending balance of LMIHAF;description of expenditures from the LMIHAF;statutory value of assets owned by the housing successor;description of transfers;project descriptions;status of compliance with Section 33334.16;description of outstanding obligations under Section 33413;income test;senior housing test;excess surplus test;and homeownership units.The annual report is attached and is posted on the Agency’s website.The information required enables the State’s determination of compliance. SB107 Expenditure Requirements/Income Targeting: The SB107 expenditure requirements and property development time limits drive the Housing Successor program budget.Following the administrative and homeless allocation (if applicable)the remaining program income must be spent as follows:(i)at least 30%of the funds must be spent for the development of rental housing affordable to and occupied by extremely low income households earning 30%or less of the area median income;(ii)no more than 20%of the funds may be spent for the development of housing affordable to and occupied by households earning between 60%and 80%of the area median income;and,(iii)50%of the funds may be spent for the development of housing affordable to and occupied by households earning 60%or less of the area median income; and,development activity must be initiated by August 31,2017 for all of the Housing Successor’s real property.Failure to comply with the 30%of net program income for the 30%of AMI requirement will result in an increase to 50%of net program income for the 30%AMI requirement until the extremely low income targeting requirement is met.Additionally,to the extent that the Housing Successor fails to comply with an excess surplus test (i.e.unencumbered funds that exceed the greater of $1,000,000 or the total amount of net program income deposits over the previous four years),the excess surplus must be transferred to the Department of Housing and Community Development if not spent within a period of three years.The income targets for FY19-20 are shown in the attached FY19-20 Program Income Funds Budget. Primary budget consideration must be given to ensure that over multi fiscal years,the proper percentage of net program income funds are encumbered/expended as required within each target income category. As a point of information,from February 1,2012 through May 31,2018,the Housing Successor received program income in the amount of $7,890,373 including $3,764,783 from various loan repayments,rents,property sales,and single family rehabilitation loans and $4,125,590 from the Housing Successor’s 20% share of City/Agency loan repayments. Administration and Operations & Maintenance Expenses: Under Section 34176.1(a)(1),as amended by SB 107,the Housing Successor,is allowed 2%of the statutory value of real property and loans and grants receivables equaling $560,137.76 City of Fresno Printed on 3/17/2023Page 2 of 4 powered by Legistar™ File #:ID19-1797 Agenda Date:6/20/2019 Agenda #: statutory value of real property and loans and grants receivables equaling $560,137.76 ($28,006,887.78 x .02 =$560,137.76)for the purpose of monitoring and preserving the long term affordability of units subject to affordability restrictions or covenants entered into by the former redevelopment agency or the housing successor and for the purpose of administering the housing successor’s activities.The Agency is proposing a reduced O&M budget from the amount for which it is eligible. Development Requirements for Real Property Owned by the Housing Successor: Under Health &Safety Code Section 33334.16,as to all real property acquired by the Housing Successor from the former redevelopment agency,the Housing Successor must initiate activities for the development of affordable housing within five (5)years of the date the Department of Finance (“DOF”)approved such property as a housing asset.For the City of Fresno,the date of DOF’s approval was August 31,2012;consequently,the deadline to initiate development activity is August 31,2017.The Housing Successor’s parcels may be eligible for an extension of time.As shown on the attached Housing Successor to the Redevelopment Agency Annual Report for the Fiscal Year 2017- 18,the Housing Successor owned as of June 30,2018,17 uncommitted parcels (mostly single family lots)where development activity for affordable housing must be initiated.Since that time one parcel (329 College)is now under development as an affordable single family home;and,8 parcels are under negotiation for affordable single family residential development.Lastly,one parcel (3702 Ventura)is undergoing due diligence pursuant to a proposed Purchase and Sale Agreement for multi- family mixed-use. Program Income Funds Budget: The FY19-20 Housing Successor Budget has been prepared taking all of the above requirements into consideration. In FY19-20 the Housing Successor anticipates receiving the sum of $851,597 from the Successor Agency for the 20%annual City/Agency loan repayment,a $600,000 loan from the City of Fresno for the Blackstone and McKinley project,and $50,000 of single and multi-family loan repayments.When combined,the net unencumbered program income balance available in FY19-20 is estimated at approximately $2,098,209.46.This balance reflects O&M,$166,500 in loan payments to the City of Fresno and approximately $6,235,750 encumbered by approved projects. In order to comply with the income targeting;affordability levels and development activity requirements for affordable housing as described above,Staff recommends appropriating:$629,463 for 30%AMI (30%of net program income);$1,049,105 for 30-60%of AMI (50%of net program income);and,$419,642 for 60-80%of AMI (20%of net program income).The specific projects to be funded from program income funds will be considered for approval by Council.Criteria for selection includes among other factors:property ownership by Housing Successor;property ownership/control by developer;financial feasibility;potential to meet required income targets;potential to secure project funding;potential to meet timetables and project milestones;and,the project’s value in meeting housing affordability goals and the overall requirements of SB 107. HOUSING ASSET FUND TRANSFER: City of Fresno Printed on 3/17/2023Page 3 of 4 powered by Legistar™ File #:ID19-1797 Agenda Date:6/20/2019 Agenda #: On February 11,2014 the Superior Court of California,County of Sacramento,ruled that certain enforceable obligations and the funds encumbered to carry out the enforceable obligations to provide affordable housing are under the jurisdiction of the Housing Successor of the City of Fresno.The enforceable obligations are pursuant to owner participation agreements and disposition and development agreements.The budget for those court approved obligations and expenditures are included in Attachment 3 for your information. CONCLUSION: Staff recommends that the Housing Successor to the Redevelopment Agency of the City of Fresno and the Fresno Revitalization Corporation approve the FY19-20 Housing Successor Budget. Attachments: 1. FHS Annual Report for the Fiscal Year 2017-18 2. FHS FY 19-20 Program Income Budget 3. Housing Asset Fund Transfer Budget City of Fresno Printed on 3/17/2023Page 4 of 4 powered by Legistar™ Page 1 of 9 HOUSING SUCCESSOR TO THE REDEVELOPMENT AGENCY ANNUAL REPORT REGARDING THE LOW AND MODERATE INCOME HOUSING ASSET FUND FOR FISCAL YEAR [2017-18] PURSUANT TO CALIFORNIA HEALTH AND SAFETY CODE SECTION 34176.1(f) FOR THE CITY OF FRESNO This Housing Successor Annual Report (Report) regarding the Low and Moderate Income Housing Asset Fund (LMIHAF) has been prepared pursuant to California Health and Safety Code Section 34176.1(f) and is dated as of FEBRUARY 20, 2019. This Report sets forth certain details of the housing activities of the City of Fresno, successor to the former Redevelopment Agency of the City of Fresno during Fiscal Year 2017-18. The purpose of this Report is to provide the governing body of the Housing Successor an annual report on the housing assets and activities of the Housing Successor under Part 1.85, Division 24 of the California Health and Safety Code, in particular sections 34176 and 34176.1 (Dissolution Law). The following Report is based upon information prepared by Housing Successor staff and information contained within the independent financial audit of the LOW AND MODERATE INCOME HOUSING ASSET SPECIAL REVENUE FUND OF THE CITY OF FRESNO, CALIFORNIA for Fiscal Year 2017-18 as prepared by MACIAS GINI & O’CONNELL LLP, which Audit is separate from this annual summary Report; further, this Report conforms with and is organized into sections I. through XIII., inclusive, pursuant to Section 34176.1(f) of the Dissolution Law: I. Loan Repayments: the amount the city, county or city and county received pursuant to subparagraph (A) of paragraph (3) of subdivision (b) of Section 34191.4. II. Amount Deposited into LMIHAF: This section provides the total amount of funds deposited into the LMIHAF during the Fiscal Year. Any amounts deposited for items listed on the Recognized Obligation Payment Schedule (ROPS) must be distinguished from the other amounts deposited. III. Ending Balance of LMIHAF: This section provides a statement of the balance in the LMIHAF as of the close of the Fiscal Year. Any amounts deposited for items listed on the ROPS must be distinguished from the other amounts deposited. IV. Description of Expenditures from LMIHAF: This section provides a description of the expenditures made from the LMIHAF during the Fiscal Year. The expenditures are to be categorized. V. Statutory Value of Assets Owned by Housing Successor: This section provides the statutory value of real property owned by the Housing Successor, the value of loans and grants receivables, and the sum of these two amounts. Page 2 of 9 VI. Description of Transfers: This section describes transfers, if any, to another housing successor agency made in previous Fiscal Year(s), including whether the funds are unencumbered and the status of projects, if any, for which the transferred LMIHAF will be used. The sole purpose of the transfers must be for the development of transit priority projects, permanent supportive housing, housing for agricultural employees or special needs housing. VII. Project Descriptions: This section describes any project for which the Housing Successor receives or holds property tax revenue pursuant to the ROPS and the status of that project. VIII. Status of Compliance with Section 33334.16: This section provides a status update on compliance with Section 33334.16 for interests in real property acquired by the former redevelopment agency prior to February 1, 2012. For interests in real property acquired on or after February 1, 2012, provide a status update on the project. IX. Description of Outstanding Obligations under Section 33413: This section describes the outstanding inclusionary and replacement housing obligations, if any, under Section 33413 that remained outstanding prior to dissolution of the former redevelopment agency as of February 1, 2012 along with the Housing Successor’s progress in meeting those prior obligations, if any, of the former redevelopment agency and how the Housing Successor’s plans to meet unmet obligations, if any. X. Income Test: This section provides the information required by Section 34176.1(a)(3)(B), or a description of expenditures by income restriction for five year period, with the time period beginning January 1, 2014 and whether the statutory thresholds have been met. However, reporting of the Income Test is not required until 2019. XI. Senior Housing Test: This section provides the percentage of units of deed-restricted rental housing restricted to seniors and assisted individually or jointly by the Housing Successor, its former redevelopment Agency, and its host jurisdiction within the previous 10 years in relation to the aggregate number of units of deed-restricted rental housing assisted individually or jointly by the Housing Successor, its former Redevelopment Agency and its host jurisdiction within the same time period. For this Report the ten-year period reviewed is January 1, 2004 to January 1, 2014. XII. Excess Surplus Test: This section provides the amount of excess surplus in the LMIHAF, if any, and the length of time that the Housing Successor has had excess surplus, and the Housing Successor’s plan for eliminating the excess surplus. XIII. Homeownership Units: An inventory of homeownership units assisted by the former redevelopment agency or the housing successor that are subject to covenants or restrictions or to an adopted program that protects the former redevelopment agency’s investment of moneys from the Low and Moderate Income Housing Fund pursuant to subdivision (f) of Section 33334.3. This inventory shall include all of the following information: (A) The number of those units. (B) In the first report pursuant to this subdivision, the number of units lost to the portfolio after February 1, 2012, and the reason or reasons for those losses. For all subsequent reports, the number of units lot to the portfolio in the last fiscal year and the reason for those losses. Page 3 of 9 (C) Any funds returned to the housing successor as part of an adopted program that protects the former redevelopment agency’s investment of moneys from the Low and Moderate Income Housing Fund. (D) Whether the housing successor has contracted with any outside entity for the management of the units and, if so, the identity of the entity. This Report is to be provided to the Housing Successor’s governing body. In addition, this Report and the former redevelopment agency’s pre-dissolution Implementation Plans are to be made available to the public on the former redevelopment agency’s website at http://www.fresnorda.com/. I. LOAN REPAYMENT A total of $800,724.00 was deposited into the LMIHAF during the Fiscal Year for loan repayments pursuant to subparagraph (A) of paragraph (3) of subdivision (b) of Section 34191.4. II. AMOUNT DEPOSITED INTO LMIHAF A total of $1,652,284.90 of program income from loan repayments, rent, property sales and the city/agency loan repayment described above was deposited into the LMIHAF during the Fiscal Year. Of the total funds deposited into the LMIHAF, zero dollars were deposited for items listed on the ROPS. III. ENDING BALANCE OF LMIHAF At the close of the Fiscal Year, the ending balance in the LMIHAF was $8,169,836.56, of which $2,484,040.45 was held for expenditures from funds encumbered by enforceable obligations that transferred to the Housing Successor on February 1, 2012 in accordance with Health & Safety Code Section 34176(e)(2) (the transfer of which was affirmed by the Superior Court, County of Sacramento, pursuant to a Ruling on a Petition for Writ of Mandate and Complaint for Declaratory and Injunctive Relief filed/endorsed on February 11, 2014), and zero dollars were held for items listed on the ROPS. IV. DESCRIPTION OF EXPENDITURES FROM LMIHAF The following is a description of expenditures from the LMIHAF by category: LMIHAF EXPENDITURES FOR THE FISCAL YEAR 2017-18 Monitoring and Administration Expenditures $ 175,398.44 Homeless Prevention and Rapid Rehousing Services Expenditures Housing Development Expenditures: For Low Income Units For Very Low Income Units For Extremely Low Income Units Page 4 of 9 Expenditures From Funds Encumbered by Enforceable Obligations which Transferred to the Housing Successor on February 1, 2012 in accordance with Health & Safety Code Section 34176(e)(2) and Affirmed by the Superior Court, County of Sacramento, Pursuant to a Ruling on a Petition for Writ of Mandate and Complaint for Declaratory and Injunctive Relief Filed/Endorsed on February 11, 2014. $ 4,775.90 Total LMIHAF Expenditures in Fiscal Year 2017-18 $ 180,174.34 Senate Bill 341 allows for 2% of the total $28,006,887.78 value of Housing Successor assets, or $560,137.76, to be used on monitoring and administrative expenditures. The Housing Successor continues to monitor and manage $28,006,887.78 in LMIHAF assets. V. STATUTORY VALUE OF ASSETS OWNED BY HOUSING SUCCESSOR IN LMIHAF Under the Dissolution Law and for purposes of this Report, the “statutory value of real property” means the value of properties formerly held by the former redevelopment agency as listed on the housing asset transfer schedule approved by the Department of Finance as listed in such schedule under Section 34176(a)(2), the value of the properties transferred to the Housing Successor pursuant to Section 34181(f), and the purchase price of property (i.e.) purchased by the Housing Successor. Further, the value of loans and grants receivable is included in these reported assets held in the LMIHAF. The following provides the statutory value of assets owned by the Housing Successor. STATUTORY VALUE OF HOUSING SUCCESSOR ASSETS AT END OF FISCAL YEAR 2017-18 Statutory Value of Real Property Owned by Housing Successor $ 4,792,730.25 Value of Loans and Grants Receivable $23,214,157.53 Total Value of Housing Successor Assets $28,006,887.78 VI. DESCRIPTION OF TRANSFERS The Housing Successor did not make any LMIHAF transfers to other Housing Successor(s) under Section 34176.1(c)(2) during the Fiscal Year. VII. PROJECT DESCRIPTIONS The Housing Successor does not receive or hold property tax revenue pursuant to the ROPS. Page 5 of 9 VIII. STATUS OF COMPLIANCE WITH SECTION 33334.16 Section 34176.1 provides that Section 33334.16 does not apply to interests in real property acquired by the Housing Successor on or after February 1, 2012; however, this report presents a status update on the projects related to such real property. With respect to interests in real property acquired by the former redevelopment agency prior to February 1, 2012, the time period described in Section 3334.16 shall be deemed to have commenced on the date that the Department of Finance approved the property as a housing asset in the LMIHAF; thus, as to real property acquired by the former redevelopment agency now held by the Housing Successor in the LMIHAF, the Housing Successor must initiate activities consistent with the development of the real property for the purpose for which it was acquired within five years of the date the DOF approved such property as a housing asset. For the City of Fresno, the date of DOF’s approval was August 31, 2012. PROPERTY WHERE FEASIBILITY ANALYSES ARE IN PROGRESS ADDRESS OF PROPERTY DATE OF ACQUISITION DEADLINE TO INITIATE DEVELOPMENT ACTIVITY STATUS OF HOUSING SUCCESSOR ACTIVITY 329 N College 2/24/10 August 31, 2017 Exploring development options for this site 1107 "B" Street 3/17/03 August 31, 2017 Exploring development options for this site 1511 "B" Street 10/7/05 August 31, 2017 Exploring development options for this site 1515 "B" Street 10/7/05 August 31, 2017 Exploring development options for this site California/Plumas – APN #477-121-05T/06T 5/16/07 August 31, 2017 Exploring development options for this site 130 W Lemon 10/9/07 August 31, 2017 Exploring development options for this site 84 E Geary 10/30/07 August 31, 2017 Exploring development options for this site 33 E Atchison 4/14/09 August 31, 2017 Exploring development options for this site 86 East Geary 11/18/75 August 31, 2017 Exploring development options for this site 66 East Geary 10/23/75 August 31, 2017 Exploring development options for this site 23 E Florence 2/11/08 August 31, 2017 Exploring development options for this site Page 6 of 9 29 E Florence 2/11/08 August 31, 2017 Exploring development options for this site 146 E Florence 9/15/06 August 31, 2017 Exploring development options for this site 74 E Geary 9/2/77 August 31, 2017 Exploring development options for this site E Florence – APN #477-144-30T 10/21/03 August 31, 2017 Exploring development options for this site 2304 S Walnut 2/29/08 August 31, 2017 Exploring development options for this site PROPERTY WHERE DEVELOPMENT ACTIVITY HAS BEEN INITIATED 887 Fulton Mall 2/28/07 August 31, 2017 Under Executed DDA 835 Fulton Mall 9/26/08 August 31, 2017 Under Executed DDA 829 Fulton Mall 5/26/10 August 31, 2017 Under Executed DDA Mono & "G" Streets – APN # 467-073-06T 2/24/09 August 31, 2017 Environmental Testing and Remediation in Process NW corner "G" & Mono Streets APN #467-073-07T 2/24/09 August 31, 2017 Environmental Testing and Remediation in Process 718 "F" Street 2/24/09 August 31, 2017 Environmental Testing and Remediation in Process 655 "G" Street 2/24/09 August 31, 2017 Environmental Testing and Remediation in Process 729 "G" Street 7/13/10 August 31, 2017 Environmental Testing and Remediation in Process 1505 E Annadale 11/30/07 August 31, 2017 Under Executed DDA 1405 E Annadale 11/30/07 August 31, 2017 Under Executed DDA 1449 E Annadale 11/30/07 August 31, 2017 Under Executed DDA 1525 E Annadale 11/30/07 August 31, 2017 Under Executed DDA 1527 E Annadale 11/30/07 August 31, 2017 Under Executed DDA 1433 E Annadale 11/30/07 August 31, 2017 Under Executed DDA Page 7 of 9 1411 E Annadale 11/30/07 August 31, 2017 Under Executed DDA 1515 E Annadale 12/9/09 August 31, 2017 Under Executed DDA 3702 E Ventura 9/20/07 August 31, 2017 Exploring development options for this site IX. DESCRIPTION OF OUTSTANDING OBLIGATIONS PURSUANT TO SECTION 33413 Replacement Housing: According to the former redevelopment agency’s 2010-15 REDEVELOPMENT AGENCY OF THE CITY OF FRESNO FIVE YEAR IMPLEMENTATION PLANS for the Merger No. 1; Merger No. 2; Central City Commercial; Freeway 99-Golden State Boulevard; Fresno Air Terminal; South Fresno Industrial; Airport Area; and the Southeast Fresno Redevelopment Project Areas and the 2007-2012 REDEVELOPMENT AGENCY OF THE CITY OF FRESNO FIVE YEAR IMPLEMENTATION PLAN for the Roeding Business Park Redevelopment Project Area , no Section 33413(a) replacement housing obligations were transferred to the Housing Successor. The former redevelopment agency’s Implementation Plans are posted on the former redevelopment agency’s website at http://www.fresnorda.com/. Inclusionary/Production Housing. According to the former redevelopment agency’s 2010-15 REDEVELOPMENT AGENCY OF THE CITY OF FRESNO FIVE YEAR IMPLEMENTATION PLANS for the Merger No. 1; Merger No. 2; Central City Commercial; Freeway 99-Golden State Boulevard; Fresno Air Terminal; South Fresno Industrial; Airport Area; and the Southeast Fresno Redevelopment Project Areas and the 2007-2012 REDEVELOPMENT AGENCY OF THE CITY OF FRESNO FIVE YEAR IMPLEMENTATION PLAN for the Roeding Business Park Redevelopment Project Area , no Section 33413(b) inclusionary/production housing obligations were transferred to the Housing Successor. The former redevelopment agency’s Implementation Plans are posted on the former redevelopment agency’s website at http://www.fresnorda.com/. X. EXTREMELY-LOW INCOME TEST Section 34176.1(a)(3)(B) requires that the Housing Successor must require at least 30% of the LMIHAF to be expended for development of rental housing affordable to and occupied by households earning 30% or less of the AMI. If the Housing Successor fails to comply with the Extremely-Low Income requirement in any five-year report, then the Housing Successor must ensure that at least 50% of the funds remaining in the LMIHAF be expended in each fiscal year following the latest fiscal year following the report on households earning 30% or less of the AMI until the Housing Successor demonstrates compliance with the Extremely-Low Income requirement. This information is not required to be reported until the annual report for 2019 for the 2014 – 2019 period. XI. SENIOR HOUSING TEST The Housing Successor is to calculate the percentage of units of deed-restricted rental housing restricted to seniors and assisted by the Housing Successor, the former redevelopment agency and/or the City within the previous 10 years in relation to the aggregate number of units of deed-restricted rental housing assisted by the Housing Successor, the former redevelopment agency and/or City within the Page 8 of 9 same time period. If this percentage exceeds 50%, then the Housing Successor cannot expend future funds in the LMIHAF to assist additional senior housing units until the Housing Successor or City assists and construction has commenced on a number of restricted rental units that is equal to 50% of the total amount of deed-restricted rental units. The Housing Successor does not have any deed restricted rental housing units restricted to seniors. XII. EXCESS SURPLUS TEST Excess Surplus is defined in Section 34176.1(d) as an unencumbered amount in the account that exceeds the greater of one million dollars ($1,000,000) or the aggregate amount deposited into the account during the Housing Successor’s preceding four Fiscal Years, whichever is greater. The following provides the Excess Surplus test for the preceding four Fiscal Years: FY 2014/15 FY 2015/16 FY 2016/17 FY 2017/18 Beginning Balance $14,623,873.96 $13,234,069.06 $7,369.747.29 $6,697,726.00 Add: Program Income Deposits (Loan Repayment, Rent and Property Sales) 260,946.18 901,127.40 251,075.61 851,560.90 Add: Program Income - 20% City/Agency Loan Payment Deposit 844,236.40 687,671.00 992,235.00 800,724.00 Add: Encumbered Funds Deposits Less: Program Income Expenditures (73,096.72) (165,701.64) (229,021.28) (175,398.44) Less: Encumbered Funds Expenditures ( 2,421,890.76) (7,287,418.53) ( 1,686,310.62) (4,775.90) Less: Encumbrances (11,462,545.50) (5,675,126.97) (3,988,816.35) (7,645,040.45) Unencumbered Balance $1,771,523.56 $1,694,620.32 $2,708,909.65 $524,796.11 Page 9 of 9 The LMIHAF does not have an Excess Surplus. The aggregate program income deposited into the account during the four Fiscal Years is $5,589,576.49. The unencumbered amount of $524,796.11 does not exceed the aggregate amount deposited. XII. HOMEOWNERSHIP UNITS The Housing Successor is to provide an inventory of homeownership units assisted by the former redevelopment agency or the housing successor that are subject to covenants or restrictions or to an adopted program that protects the former redevelopment agency’s investment of moneys from the Low and Moderate Income Housing Fund pursuant to subdivision (f) of Section 33334.3. A. Number of Homeownership Units as of 6/30/18 Number of Homeownership Units 73 B. Homeownership Units lost after February 1, 2012 Units Lost Reason for Loss 42 Loans paid off 354 Forgiven Loans 24 Loans written off due to foreclosure or short sale C. $84,222.04 of funds were returned to the housing successor during the Fiscal Year as part of an adopted program that protects the former redevelopment agency’s investment of moneys from the Low and Moderate Income Housing Fund. D. The housing successor has not contracted with an outside entity for the management of the single family homeownership loans. FY12 FY13 FY14 FY15 FY16 FY17 FY18 FY19 FY20 ACTUALS ACTUALS ACTUALS ACTUALS ACTUALS ACTUALS ACTUALS ACTUALS BUDGET (5/15/19) SOURCES OF FUNDS Beginning Cash Balance -$ 127,740.76$ 570,820.22$ 739,437.70$ 1,771,523.56$ 3,194,620.32 4,208,909.65 5,685,796.11 7,498,862.46 Program Income - Loan Repayments 14,121.64 366,997.66 236,406.36 257,346.18 244,463.57 178,391.61 195,265.02 1,051,223.29 50,000.00 Program Income - NSP Program 74,130.55 112,245.75 - Program Income - Purchase Option/Property Sales 91,993.55 653,063.83 65,659.00 655,195.88 (484.83) Program Income - Rent 1,500.00 3,600.00 3,600.00 3,600.00 3,600.00 6,025.00 1,100.00 (600.00) Program Income - Other - - - - - 1,000.00 29,520.00 Loan from COF - Blackstone & McKinley 600,000.00 20% City/Agency Loan Repayment 844,236.40 687,671.00 992,235.00 800,724.00 1,043,839.00 851,597.00 Program Income Expenses (54,004.98) (39,763.95) (71,388.88) (73,096.72) (165,701.64) (229,021.28) (175,398.44) (310,431.11) Ending Cash Balance/Total Sources of Funds 127,740.76 570,820.22 739,437.70 1,771,523.56 3,194,620.32$ 4,208,909.65$ 5,685,796.11$ 7,498,862.46$ 9,000,459.46$ Less: Encumbered Funds for Blackstone & McKinley Development (30% AMI)(1,500,000.00) (1,500,000.00) (1,600,000.00) (2,200,000.00) (2,200,000.00) Less: Encumbered Funds for Annadale & Elm (3,500,000.00) (3,500,000.00) (3,500,000.00) Less: Encumbered Funds for Loan Repayment to COF for Blackstone & McKinley (474,750.00) Less: Encumbered Funds for 329 N College (61,000.00) Ending Unencumbered Cash Balance/Total Sources of Unencumbered Funds 1,694,620.32$ 2,708,909.65$ 585,796.11$ 1,798,862.46$ 2,764,709.46$ USES OF UNENCUMBERED FUNDS: Administration: Personnel Salaries & Benefits (1)250,000.00$ Operations and Maintenance (including property) (1)250,000.00 Sub-Total - Administration 500,000.00$ Repayment of Loans: Loan Repayment to COF - Blackstone & McKinley 166,500.00$ Sub-Total - Loan Repayment to City of Fresno 166,500.00$ Affordable Housing Development:- Development of Affordable Housing - 30% AMI 629,462.84 Development of Affordable Housing - 30-60% AMI 1,049,104.73 Development of Affordable Housing - 60-80% AMI 419,641.89 Sub-Total - Affordable Housing Development 2,098,209.46$ Total Budgeted Uses of Unencumbered Funds 2,764,709.46$ (1) Administrative Allowance pursuant to California Health & Safety Code Section 34176.1(a). HOUSING SUCCESSOR TO THE REDEVELOPMENT AGENCY OF THE CITY OF FRESNO FY19-20 PROGRAM INCOME FUNDS BUDGET Housing Asset Fund Transfer Total Amounts Paid Through ROPS 18-19 Feb - Jun ACT/BUD 5/18 BALANCE ROPS19-20 Total ROPS I ROPS II ROPS III ROPS 13-14 ROPS 14-15 ROPS15-16 ROPS16-17 ROPS17-18 ROPS18-19 REMAINING BUDGET Balance Hotel Frezno, LLC 2,020,053.93 (5,212.85) (5,955.42) - - - - (851,300.00) - (360,155.89) 797,429.77 (797,429.77) - TFS Invesments, LLC - Fultonia West 520,832.59 (3,712.85) (5,355.42) (17,221.44) - (435,000.00) - - - - 59,542.88 (17,862.86) 41,680.02 FFDA Properties, LLC - L Street 775,195.98 (6,188.10) (11,325.70) (17,221.44) (480,000.00) (240,000.00) - - - - 20,460.74 (6,138.22) 14,322.52 FFDA Properties, LLC - 1612 Fulton Street 692,338.21 (6,188.10) (444,657.70) (233,887.44) - - - - - - 7,604.97 (2,281.49) 5,323.48 FFDA Properties, LLC - 1608 Broadway 1,288,157.90 (6,188.10) (11,325.70) (17,221.44) (400,000.00) (400,000.00) (400,000.00) - - - 53,422.66 (16,026.80) 37,395.86 FFDA Properties, LLC - 1636-1660 Broadway 1,967,662.85 (6,188.10) (481,325.70) (17,221.44) (470,000.00) (470,000.00) (470,000.00) - - - 52,927.61 (15,878.28) 37,049.33 FFDA Properties, LLC - Fulton & Calaveras 3,687,043.66 (6,188.10) (1,261,325.70) (17,221.44) - (750,000.00) (750,000.00) (750,000.00) - - 152,308.42 (30,461.68) 121,846.74 Edison Plaza Partners, L.P.5,800,129.65 (7,306.23) (5,988.87) (4,188.09) - - (5,655,000.00) - - - 127,646.46 (31,911.61) 95,734.84 HFH Infill, Infrastructure, etc.27,585.64 - - - - (24,013.00) - - - - 3,572.64 (3,572.64) - FCEOC - Prop.Maint., Infrastructure, Etc.363,428.64 - - - - - (2,720.39) - - - 360,708.25 - 360,708.25 Compliance Services - Housing Monitoring 283,762.00 - - - - (47,070.00) (615.00) - - - 236,077.00 - 236,077.00 Affordable Housing Report 50,000.00 - - - - - - - - - 50,000.00 - 50,000.00 Property Based Improvement District 16,407.44 - - (2,298.14) (2,298.17) (4,596.46) (4,633.14) (2,581.53) - - (0.00) - (0.00) Prop Disp/Demo/Remediation Expenses 387,785.14 - - (20,489.92) (22,245.77) (51,211.30) (4,450.00) (82,429.09) (4,775.90) (4,218.00) 197,965.16 (71,000.00) 126,965.16 17,880,383.63$ (47,172.43) (2,227,260.21) (346,970.79) (1,374,543.94) (2,421,890.76) (7,287,418.53) (1,686,310.62) (4,775.90) (364,373.89) 2,119,666.56 (992,563.37) 1,127,103.19$ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID19-1869 Agenda Date:6/20/2019 Agenda #:A. REPORT TO THE CITY COUNCIL June 20, 2019 FROM:HENRY FIERRO, Budget Manager Budget and Management Studies SUBJECT ***RESOLUTION - Council adoption of the Fiscal Year 2019-2020 City of Fresno budget including the Annual Appropriations Resolution (Subject to Mayor’s veto) RECOMMENDATION It is recommended that the Council approve the attached documents establishing the Fiscal Year (FY) 2019-2020 City of Fresno budget. BACKGROUND On May 22,2019 the Mayor presented each councilmember with a copy of the Mayor’s FY 2019-2020 Proposed Budget for the City of Fresno.The public hearings on the budget began on June 3,2019 and continued through June 20,2019.The documents presented are based on the Mayor’s Proposed Budget and have been updated to reflect the approval of motions by the City Council up through June 20, 2019. The Mayor may approve or veto all or any portion of the budget or request reconsideration from Council. If any portion of the budget is vetoed by the Mayor it will be brought back to the Council for override consideration. FISCAL IMPACT By approving the attached documents, the Council will adopt the FY 2019-2020 City of Fresno Budget. Attachments: FY 2020 AAR Resolution FY 2020 AAR Exhibit A City of Fresno Printed on 3/17/2023Page 1 of 1 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID19-1822 Agenda Date:6/20/2019 Agenda #:B. REPORT TO THE CITY COUNCIL June 20, 2019 FROM:HENRY FIERRO, Budget Manager Budget and Management Studies BY:TODD STERMER, Senior Budget Analyst Budget and Management Studies SUBJECT ***BILL - (For introduction and adoption) - Adoption of Property Tax Override Ordinance (Subject to Mayor’s veto) RECOMMENDATION It is recommended that the Council of the City of Fresno adopt the attached Property Tax Override (PTO) Ordinance which will take effect upon adoption as provided in Charter Section 600(b) and 610(b). EXECUTIVE SUMMARY The Proposed FY 2020 Budget assumes a portion of the City’s retirement contributions for employees will be funded through a PTO. Adoption of the attached Ordinance allows General Fund resources, which otherwise will have to be applied to funding these retirement costs, to thereby be freed up to fund other General Fund activities. Failure to adopt the attached Ordinance without adding replacement revenues will result in the General Fund being out of balance. BACKGROUND The City Council and the Mayor must adopt a budget for FY 2020 by June 30, 2019. That budget assumes a portion of the City’s retirement contributions for employees will be funded through a PTO of $0.032438 per $100 of gross assessed valuation. General Fund resources, which otherwise will have to be applied to these retirement costs, will thereby be freed up to fund other General Fund activities. This is a routine Budget action adopted by Council annually. ENVIRONMENTAL FINDINGS City of Fresno Printed on 3/17/2023Page 1 of 2 powered by Legistar™ File #:ID19-1822 Agenda Date:6/20/2019 Agenda #:B. N/A LOCAL PREFERENCE N/A FISCAL IMPACT Failure by the City Council to adopt the attached Ordinance without adding replacement revenues will result in the General Fund being out of balance. Attachment: FY 2020 PTO Ordinance City of Fresno Printed on 3/17/2023Page 2 of 2 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID19-1871 Agenda Date:6/20/2019 Agenda #:C. REPORT TO THE CITY COUNCIL June 20, 2019 FROM:HENRY FIERRO, Budget Manager Budget and Management Studies BY:SCOTT MOTSENBOCKER, Senior Budget Analyst Budget and Management Studies SUBJECT ***RESOLUTION - Adopt the FY 2020 Position Authorization Resolution (Subject to Mayor’s veto) RECOMMENDATION It is recommended that Council adopt the Position Authorization Resolution (PAR)for FY 2020 thereby authorizing the number of permanent full-time,permanent part-time and permanent intermittent positions as approved in the FY 2020 budget. BACKGROUND Attached is the FY 2020 Position Authorization Resolution (PAR),which legally establishes the number of permanent full-time,permanent part-time and permanent intermittent positions in which persons may be employed within the various departments and funds of the City.The FY 2020 PAR incorporates FY 2019 PAR amendments that have occurred since approval of the Mayor’s FY 2019 Adopted Budget. Attachments: FY 2020 PAR Resolution FY 2020 PAR Parts V and VI City of Fresno Printed on 3/17/2023Page 1 of 1 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID19-1832 Agenda Date:6/20/2019 Agenda #:D. REPORT TO THE CITY COUNCIL June 20, 2019 FROM:Jeff Cardell, Director Personnel Services Department SUBJECT ***RESOLUTION - Adopt the Fiscal Year 2020 Salary Resolution (Subject to Mayor’s veto) RECOMMENDATION It is recommended that the City Council adopt the Fiscal Year 2020 Salary Resolution. EXECUTIVE SUMMARY The proposed Fiscal Year 2020 Salary Resolution includes a number of changes that are cleanup in nature.Other changes include adding a provision for safety employees in Unit 2,Exhibit 2,who are in Tier 2 of the Fire and Police Retirement System hired on or after July 1,2019,to make an additional contribution of 3%to be consistent with the represented employee contribution rates; capping Sick Leave accruals for Police Cadets consistent with Sick Leave provisions for temporary employees;adding a section on leave integration with State Disability Insurance/Paid Family Leave (SDI/PFL)for new hires and employees transferring from a bargaining unit with SDI and the City’s long term disability insurance plan;expanding the appendix section and respective Exhibit footnotes for clarification;including salary adjustments which have been negotiated with respective bargaining units or are required by the California minimum wage increase;and,defining the conditions upon which City retirees may work for the City on a temporary basis . BACKGROUND The Salary Resolution of the City of Fresno establishes rules for the application of City employee compensation rates and schedules and related requirements,as well as exhibiting the monthly compensation rates which have already been authorized by the City Council.Except where there is conflict with a Memorandum of Understanding or Terms and Conditions of Employment,the provisions contained in the Salary Resolution shall apply. Each year the Salary Resolution is updated to reflect changes in law,minimum wage,and other City of Fresno Printed on 3/17/2023Page 1 of 4 powered by Legistar™ File #:ID19-1832 Agenda Date:6/20/2019 Agenda #:D. salary adjustments as well as modify language to ensure the respective provisions are clear. The following summarizes the significant changes incorporated in the proposed Fiscal Year 2020 Salary Resolution: Section 2. Salary Step Plan: ·The seventh step of the salary step plan was included consistent with salary steps provided in Exhibits 4, 5, 9, and 10. ·Language on temporary assignment pay was modified to clarify that the provision applies to employees in limited or provisional appointments. Section 12. Supplemental Sick Leave for Employees in Exhibit 2: ·Modified to recognize that not all employees in Exhibit 2 achieve permanent status as defined by FMC Section 3-202 (5). Section 15. Salary Rates: ·Retitled Exhibit 6 from ‘Bus Drivers’to ‘Bus Drivers and Student Drivers’consistent with this bargaining unit designation. Section 17. Bilingual Certification Program for Employees Occupying Permanent Classes: ·Added provision codifying current practice that bilingual premium may be discontinued if an employee fails to recertify. Section 18. Benefits for Full-Time Employees Occupying Permanent Positions in Exhibit 2 : ·Added a provision for eligible employees in Exhibit 2 to participate in Tier 2 of the Fire and Police Retirement System. Such employees hired on or after July 1, 2019, shall pay an additional contribution equal to three (3%) of their pensionable compensation to the Fire and Police Retirement System, consistent with provisions in represented safety units. Section 20. Benefits for Police Cadets and Permanent Part-Time Employees: ·Clarified Police Cadets may be terminated from the program per FMC 3-266(d). ·Included a forty-eight (48)hour cap for Sick Leave accruals consistent with provisions for temporary employees. Section 21. Conversion of Leaves when Changing Bargaining Units: ·Clean up to remove ‘Administrative Leave,’as leave has been retitled to ‘Management Leave’ in all units with such provisions. ·Clarified that cash outs are paid at the base rate of pay. ·Clarified moving between units is a transfer. Section 24.Integration with State Disability Insurance/Paid Family Leave (SDI/PFL)and the City’s Long Term Disability Insurance Plan: ·New section to codify the process of leave integration with State Disability Insurance and Long Term Disability Insurance. Section 26. Benchmarking Deleted Classifications: ·Language was added to clarify that Exhibit 16 reflects classifications benchmarked and City of Fresno Printed on 3/17/2023Page 2 of 4 powered by Legistar™ File #:ID19-1832 Agenda Date:6/20/2019 Agenda #:D. ·Language was added to clarify that Exhibit 16 reflects classifications benchmarked and deleted from 2016 to present. Section 27. Temporary Service After Retirement ·This new section defines the conditions upon which a City retiree may return to work on a temporary basis including the provision of a bona fide employment separation of at least 90 calendar days. Appendix to Salary Resolution: ·Footnote 4 was revised to clarify the probationary period for respective classifications. ·Footnote 5 was revised to remove class specific job titles. ·Footnote 6 was revised to clarify that promotion from Police Officer Recruit to Police Officer occurs after one year of service. ·Footnote 9 was added to clarify the tenure for police cadets consistent with the Fresno Municipal Code. ·Footnote 10 was added to clarify the tenure for incumbents in the Senior Law Clerk classification. Exhibit 2:The minimum and the maximum of the respective salary ranges have been increased by 2%.The salary range of classification Payroll Accountant was adjusted to maintain consistent 10% spread with Senior Accountant Auditor in Exhibit 13-1. Exhibits 3,5,6,7,10,11,13-1,and 13-2:Modifies pay ranges pursuant to negotiated salary increases previously approved by Council with the adoptions of respective successor MOUs. Exhibit 8:Modified the job title of ‘Student Aide II’to ‘Intern’and adjusts the salary range consistent with Services Aide;modified the salary range of Law Enforcement Instructor consistent with Background Investigator;and adjusts pay ranges effective January 1,2020,consistent with an increase to the California minimum wage for classes of:Cashier Clerk,Lifeguard,Senior Lifeguard, Pool Supervisor, Police Cadet I, Police Cadet II, Services Aide, Sports Official and Intern. Exhibit 10:Modified the job title of ‘Deputy Fire Chief’to ‘Fire Deputy Chief’consistent with the correct classification title. Exhibits 4 and 16:Deleted the classification of Police Specialist in Exhibit #4;and added the respective classification to Exhibit #16 which identifies a pay relationship to calculate retirement benefits for this deleted class. Cleanup changes to other Exhibits included adding footnotes where applicable or revising footnotes pursuant to modifications made in the Appendix,and removing salary tables and/or effective dates as appropriate. In addition to the above, there was non-substantive language cleanup throughout. The City Attorney’s Office has approved the FY 2020 Salary Resolution as to form. ENVIRONMENTAL FINDINGS City of Fresno Printed on 3/17/2023Page 3 of 4 powered by Legistar™ File #:ID19-1832 Agenda Date:6/20/2019 Agenda #:D. By the definition provided in the California Environmental Quality Act Guidelines Section 15378 this item does not qualify as a “project”and is therefore exempt from the California Environmental Quality Act requirements. LOCAL PREFERENCE Local preference is not implicated because this item does not involve public contracting or bidding with the City of Fresno FISCAL IMPACT Adoption of the Salary Resolution will result in increased salary and benefit expenses of $26,649,for all Funds.The General Fund share is approximately $24,677.These increased expenses have been included in the Mayor’s Proposed Budget. Attachments: Final Version of FY 2020 Salary Resolution Redlined Version of FY 2020 Salary Resolution City of Fresno Printed on 3/17/2023Page 4 of 4 powered by Legistar™ FY20 SALARY RESOLUTION TABLE OF CONTENTS SECTION 1. SPECIAL PROVISIONS APPLICABLE TO ALL CLASSES ................... 1 SECTION 2. SALARY STEP PLAN ............................................................................. 1 SECTION 3. RATES OF PAY ..................................................................................... 6 SECTION 4. EXEMPT JOB CLASSES ....................................................................... 7 SECTION 5. WAGES, OVERTIME, AND PAID SICK LEAVE FOR TEMPORARY EMPLOYEES ......................................................................................... 7 SECTION 6. FLEXIBLE STAFFING ............................................................................ 8 SECTION 7. ALTERNATE WORK SCHEDULE FOR EMPLOYEES IN EXHIBIT 2 .... 8 SECTION 8. MANAGEMENT LEAVE (formerly “Administrative Leave”) .................. 10 SECTION 9. SICK LEAVE USAGE AND COMPENSATION FOR EMPLOYEES IN EXHIBIT 2 ............................................................................................ 10 SECTION 10. ANNUAL LEAVE FOR EMPLOYEES IN EXHIBIT 2 ............................ 11 SECTION 11. HOLIDAYS FOR EMPLOYEES IN EXHIBIT 2 ..................................... 14 SECTION 12. SUPPLEMENTAL SICK LEAVE FOR EMPLOYEES IN EXHIBIT 2 ..... 14 SECTION 13. VACATION ACCRUALS FOR EMPLOYEES IN EXHIBIT 2 ................. 15 SECTION 14. MANAGEMENT TIME OFF FOR EMPLOYEES IN EXHIBIT 2 ............ 15 SECTION 15. SALARY RATES .................................................................................. 16 SECTION 16. CERTIFICATE PAY .............................................................................. 16 SECTION 17. BILINGUAL CERTIFICATION PROGRAM FOR EMPLOYEES OCCUPYING PERMANENT CLASSES ............................................... 17 SECTION 18. BENEFITS FOR FULL-TIME EMPLOYEES OCCUPYING PERMANENT POSITIONS IN EXHIBIT 2 ............................................ 18 SECTION 19. COMPENSATION FOR FULL-TIME EMPLOYEES OCCUPYING .......... 21 SECTION 20. BENEFITS FOR POLICE CADETS AND PERMANENT PART-TIME EMPLOYEES ....................................................................................... 23 SECTION 21. CONVERSION OF LEAVES WHEN CHANGING BARGAINING UNITS26 SECTION 22. SPECIAL PROVISIONS FOR EMPLOYEES ON LEAVE FOR MILITARY SERVICE ............................................................................ 28 SECTION 23. BEREAVEMENT LEAVE ...................................................................... 28 SECTION 24. INTEGRATION WITH STATE DISABILITY INSURANCE (SDI) AND LONG TERM DISABILITY INSURANCE .............................................. 29 SECTION 25. SALARIES FOR EMPLOYEES IN EXHIBIT 2, EXHIBIT 8, AND PERMANENT PART-TIME EMPLOYEES WHILE ABSENT DUE TO INJURY IN THE LINE OF DUTY .......................................................... 31 SECTION 26. BENCHMARKING DELETED CLASSIFICATIONS .............................. 31 SECTION 27. TEMPORARY SERVICE AFTER RETIREMENT ................................. 31 SECTION 28. UNUSUAL CIRCUMSTANCES ............................................................ 32 SECTION 29. CONFLICTING RESOLUTIONS........................................................... 32 SECTION 30. RESOLUTION EFFECTIVE DATE ....................................................... 32 RESOLUTION NO. __________ A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO ESTABLISHING RULES FOR THE APPLICATION OF CITY EMPLOYEE COMPENSATION RATES AND SCHEDULES AND RELATED REQUIREMENTS, AND ESTABLISHING COMPENSATION RATES AND SCHEDULES FOR FISCAL YEAR 2020 NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Fresno, as follows: SECTION 1. SPECIAL PROVISIONS APPLICABLE TO ALL CLASSES The rules set forth in this resolution constitute special provisions applicable to all classes of employment in the City service. If any provision(s) of a Memorandum of Understanding (hereafter “MOU”) or Terms and Conditions of employment (hereafter “T & C”) adopted and approved by the Council under Article 6, Chapter 3 of the Fresno Municipal Code (hereafter “FMC”) or employment agreement that is authorized and in compliance with Article V of the City of Fresno Transparency in Government Act and currently in effect, is clearly and specifically in conflict with any rule contained in this resolution, the provision in such MOU, T & C, or employment agreement shall prevail. SECTION 2. SALARY STEP PLAN The step plan of each salary range shall be applied and interpreted as follows for permanent and probationary employees appointed to permanent positions: A. The first step shall be the minimum rate and shall normally be the hiring rate for the class. In a case where it is difficult to secure a qualified person or if a person of unusual qualifications is engaged, the City Manager or designee, after receiving the recommendation of the Director of Personnel Services, may approve appointment above the first step. B. The second step shall be paid upon the completion of six (6) months of paid status at the first step. C. The third step shall be paid upon the completion of one (1) year of service at the second step. D. The fourth step shall be paid upon completion of one (1) year of service at the third step. E. The fifth step shall be paid upon completion of one (1) year of service at the fourth step. Resolution No. FY 20 Salary Resolution Page 2 F. The sixth step shall be paid upon completion of one (1) year of service at the fifth step. G. The seventh step shall be paid upon completion of one (1) year of service at the sixth step. H. Employees who are reinstated in accordance with FMC Section 3-292, who were not at the top step prior to layoff or demotion, will be credited with paid time previously worked at the step at time of layoff or demotion. The next step increase date will be adjusted accordingly upon reinstatement. Any time missed due to mandatory furloughs shall count as paid time. I. Raises to the second, third, fourth, fifth, sixth, and seventh steps shall be automatic unless an unsatisfactory performance evaluation is made by the appointing authority. Following an unsatisfactory performance evaluation, a raise may be delayed by the appointing authority for not more than six (6) months and more than six (6) months only with approval of the City Manager or designee. A raise to any step may be made at any time by the City Manager or designee on recommendation of the appointing authority and the Director of Personnel Services whenever an employee exhibits unusual merit. Six (6) months of service equals 1,040 hours of service, and one (1) year of service equals 2,080 hours of service, except where employees work a 56-hour workweek, six (6) months of service equals 1,456 hours of service, and one (1) year of services equals 2,912 hours of service. J. An employee who is selected to fill a reclassified position pursuant to FMC Section 3-209 (b), or who is promoted from one class to another having a higher salary range, shall be adjusted to the lowest step in the salary range of the new class, which is at least three and one-half percent (3.5%) higher than the rate received in the employee’s former class. If such an increase would require a payment greater than the highest step, then the highest step shall be paid. An employee in Exhibit 7 who is appointed to a position in a class having a salary range shall be promoted according to the foregoing provisions to the nearest step, but not exceeding the top step, in the new class range after adding five percent (5%) to the employee’s salary rate. K. When a class is assigned a new salary range, the salary of an employee in such class shall be adjusted to the same relative step in the new salary range, and such adjustment shall not alter the employee’s anniversary date for purposes of future step increases in the class. Resolution No. FY 20 Salary Resolution Page 3 L. A permanent employee, assigned to a higher class on a limited or provisional basis, and who is entitled to the rate of pay for such higher class, shall be paid in the same manner as provided for promotion in Section 2, subsection J above. M. If an employee is receiving compensation above the highest step of the range, the employee’s present rate shall be continued as an approved additional step rate for the class (“Y-rated”), until the highest step is greater than the Y rate, but no other employee may be adjusted to this rate, and it shall no longer be in effect after the incumbent vacates the classification. N. Except as noted in Section 2, subsection H above, step increases shall become effective immediately upon completion of required service. For purposes of this section, any employee who is absent without pay, excluding statutorily protected leave such as leaves taken under the Family and Medical Leave Act (FMLA), the California Family Rights Act (CFRA), Pregnancy Disability Leave (PDL), and Military Leave, for the number of hours specified below while on any single step in a range shall not be considered to have been on paid status for the number of weeks shown, and advancement to the next step shall be delayed by such number of weeks: At least But less than Weeks delayed 1 hour 40 hours None 40 hours 120 hours 2 120 hours 200 hours 4 200 hours 280 hours 6 280 hours 360 hours 8 360 hours 440 hours 10 For purposes of this section, leave without pay, in reference to step advancement, shall be adjusted appropriately for 56-hour employees: At least But less than Weeks delayed 1 hour 56 hours None 56 hours 168 hours 2 168 hours 280 hours 4 Resolution No. FY 20 Salary Resolution Page 4 280 hours 392 hours 6 The number of additional weeks by which advancement to the next step shall be delayed shall be calculated in the same manner as those respective formulas specified herein. Such delay shall cause a change in the employee’s anniversary date for purposes of future step increases in the class. O. Transfer to a different classification with the same salary range and in which no salary change occurs, shall result in a new anniversary date upon which advancement to the next step shall be calculated, or merit increase shall be considered. P. In lieu of a Salary Step Plan, an Executive Pay Range Plan has been established for classes as set forth in Exhibit 2. 1. For employees who separated from City service prior to July 1, 2015: a. The salary for each executive employee in the E1 through E23 executive pay ranges and the salary range for each class within such ranges shall be established by the City Manager or designee. The City Manager or designee shall promulgate such rules and regulations deemed appropriate in the implementation and administration of this subsection. For purposes of calculating retirement benefits for any employee in a class in the Executive Pay Range Plan who has left City service after five (5) years of service, but prior to attaining an age sufficient for service retirement, and who has elected to leave contributions in the retirement system, retirement benefits shall be calculated as follows: The employee’s salary at the time of separation from employment with the City shall be compared to the control point in existence at the time of separation for the class from which the employee is retiring. Retirement benefits (based on monthly salary only) shall be calculated using the same relationship the employee’s salary bore to the control point at the time of separation as it would bear to the control point at the time of retirement. As an example only, if an employee’s salary at the time of separation was five percent (5%) below the control point for the class, then the benefit at retirement would be based on that amount, which would be five percent Resolution No. FY 20 Salary Resolution Page 5 (5%) below the control point for that class at the time of retirement, subject to the applicable provisions of the retirement system regarding years of service, compensation earnable, and so on. 2. For employees in Exhibit 2, who separate from City service on or after July 1, 2015: a. The salary for each executive employee in the E1 through E23 executive pay ranges and the salary range for each class within such ranges shall be established by the City Manager or designee. The City Manager or designee shall promulgate such rules and regulations deemed appropriate in the implementation and administration of Section 2, Subsection (P)(2)(b) below. b. For purposes of calculating Compensation Earnable as defined in FMC 3-501, any employee in the City of Fresno Employees Retirement System (hereafter “System”) in a class in the Executive Pay Plan who separates from City service and elects to remain a member of the System shall have their Compensation Earnable calculated as follows: Beginning July 1 following the date the Deferred Vested Member separates from City service, the Member’s Compensation Earnable at the time of separation shall be indexed with the Consumer Price Index (hereafter “CPI”) – United States City Average for Urban Wage Earners and Clerical Workers -- all items (i.e. general price inflation) and the Employment Cost Index for Wage Inflation (i.e. across the board pay increases) for State and local government employees, as published by the Bureau of Labor Statistics of the United States Department of Labor. Determination of the percentage of annual increase or decrease in CPI and Employment Costs for wage inflation shall be made by the Retirement Board on or before April 1 of each year for each of the two immediately preceding calendar years. The percentage by which such indexes for the more recent full calendar year shall have increased or decreased over or below indexes for the full calendar year immediately prior shall be the percentage used to calculate adjustments to Compensation Earnable with the following exceptions: banking shall not be applied nor shall the sum of accumulated CPI and Employment Costs adjustments plus Compensation Resolution No. FY 20 Salary Resolution Page 6 Earnable fall outside the Executive Pay Range approved by the City Council each fiscal year. This process will continue each July 1 until the Deferred Vested Member elects to begin receiving the retirement benefit. This adjusted Compensation Earnable shall be used in the Member’s final compensation for the calculation of the retirement benefit. If a Deferred Vested Member held more than one position during their highest three consecutive years, the Compensation Earnable in each position shall be allocated on a time held, pro-rata basis and the combined adjusted Compensation Earnable, including adjustments due to CPI and Employment Costs for wage inflation, shall be used in the Member’s final compensation for the calculation of the retirement benefit. c. System members who retire or enter Deferred Retirement Option Program (hereafter “DROP”) on or after July 1, 2015, shall have any previously held Executive Pay Range salaries determined in accordance with Section 2, Subsection (O)(2)(b) above. Q. Except where provided in this subsection, temporary assignment to perform the duties of absent employees shall be in accordance with FMC Section 3-260. After any employee holding a permanent position in Exhibit 2 has completed 40 hours of service in a higher class the employee shall thereafter be paid at the rate of pay of the higher class while so assigned. An employee who has held permanent status in the higher class prior to such assignment shall not be required to complete the qualifying period of service set forth above and shall be paid for the entire duration of the assignment to the higher class at the rate of pay assigned to such higher class. SECTION 3. RATES OF PAY Rates of pay provided for by a resolution establishing or approving such salaries are fixed on the basis of dollars per month or full-time service in full-time positions unless otherwise clearly indicated. Salaries shown are the base rate of pay for each respective job classification. The hourly rate of pay for employees whose schedule is 40 hours per week is calculated by multiplying the monthly rate of pay by 12 and dividing by 2,080. The hourly rate of pay for employees Resolution No. FY 20 Salary Resolution Page 7 whose schedule is 56 hours per week is calculated by multiplying the monthly rate of pay by 12 and dividing by 2,912. SECTION 4. EXEMPT JOB CLASSES Employees in classes listed as exempt in any exhibit attached to this salary resolution whose job codes are marked with an “e” shall not be entitled to payment or compensatory time off for overtime as provided for in the rules and regulations of the Fair Labor Standards Act (hereafter “FLSA”). In accordance with the rules and regulations of the FLSA, the base salary of exempt employees shall not be reduced due to variations in the quality or quantity of the work performed. Deductions from the salary of exempt employees are allowed only for those certain circumstances which are set forth in the applicable FLSA regulations. Employees exempt from overtime shall not be subject to deductions for Leave Without Pay in increments of less than a work day or shift. Employees with qualified medical restrictions may be temporarily placed on a part-time basis and will receive the pro-rated salary during the time of restriction. SECTION 5. WAGES, OVERTIME, AND PAID SICK LEAVE FOR TEMPORARY EMPLOYEES A. Temporary employees shall be paid on an hourly basis for the hours actually worked, subject to the provisions of Section 4 above and/or the FLSA, which provides for overtime compensation for hours worked in excess of 40 per workweek. Any such employee in a class having a monthly salary rate shall be paid an hourly rate that is converted from the monthly salary for that class pursuant to Section 3. B. Paid Sick Leave for Temporary Employees: 1. Temporary employees will accumulate and be able to use paid Sick Leave in accordance with AB1522, Healthy Workplace Healthy Family Act of 2014 (i.e., Labor Code §§245 et seq.) 2. Temporary employees will earn one (1) hour of leave for every thirty (30) hours of work, including overtime. This accrual will begin on July 1, 2015, or the first day of employment, whichever is later. Accruals of Sick Leave will be capped at forty-eight (48) hours. Sick Leave may be carried over from year to year. 3. Temporary employees will be eligible to use Sick Leave on the ninetieth (90th) day of employment. Resolution No. FY 20 Salary Resolution Page 8 4. Temporary employees may use up to three (3) days of sick leave or twenty-four (24) hours, whichever is greater, in each fiscal year (July 1 through June 30). 5. Sick Leave can be used for: a. Diagnosis, care, or treatment of an existing health condition of, or preventive care for, an employee; b. Diagnosis, care, or treatment of an existing health condition of, or preventive care for an employee’s parent (a biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child), child (a child, which for purposes of this article means a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis - this definition of a child is applicable regardless of age or dependency status), spouse, registered domestic partner, sibling, grandparent, or grandchild; or, c. For an employee who is a victim of domestic violence, sexual assault, or stalking, the purposes described in Labor Code Section 230(c) and Labor Code Section 230.1(a). 6. Temporary employees who leave City employment and return within one (1) year from the date of separation will have unused Sick Leave accruals restored up to forty-eight (48) hours. SECTION 6. FLEXIBLE STAFFING An employee holding a permanent position in any class in a group of classes designated as flexibly staffed may be appointed to a higher class in that group, provided that the employee meets the minimum requirements and the department director recommends such appointment. SECTION 7. ALTERNATE WORK SCHEDULE FOR EMPLOYEES IN EXHIBIT 2 A 4/10 or 9/80 work schedule may be implemented in any department, division, or work unit, upon approval of the City Manager or designee. Each 4/10 work schedule will consist of a total of 40 scheduled hours of actual work time per workweek. The workweek begins at 12:01 a.m. Monday and ends at Midnight on Sunday. Resolution No. FY 20 Salary Resolution Page 9 Each 9/80 work schedule will consist of eight 9-hour shifts, one 8-hour shift, and one day off per 14-day period broken down into two 40-hour per week FLSA workweeks. All employees working a 9/80 work schedule shall have an FLSA workweek, which begins four (4) hours after the start time of the day of the week, which constitutes the employee’s alternating day off. This shall be an 8-hour shift. The workweek shall end exactly 168 hours later. Employees working a 4/10 or 9/80 work schedule shall have the following exceptions for the holiday benefit apply: A. Holidays: 1. Employees on a 4/10 or 9/80 work schedule shall receive 11 holidays of eight (8) hours. An employee who is off on a holiday, which is a regular work day, shall receive eight (8) hours pay for the holiday and must either take two (2) hours Vacation, Annual, Holiday or Management Leave if on a 4/10 schedule, or one (1) hour Vacation, Annual, Holiday, or Management Leave if on a 9/80 schedule and the holiday falls on a 9-hour shift. 2. Employees on a 4/10 or 9/80 work schedule who are regularly scheduled to work, and do work on a holiday, which is a regular work day, shall receive eight (8) hours of Holiday Leave. When a holiday falls on an employee’s day off, such employee shall receive eight (8) hours of Holiday Leave. B. For employees participating in the Annual Leave Plan, the following rules shall apply: 1. Employees shall accumulate the same number of hours of Annual Leave per month as under a 5/8 work schedule. Annual Leave will be granted for the actual number of hours absent. C. For employees not participating in the Annual Leave Plan, the following rules shall apply: 1. Sick Leave: Employees shall accumulate eight (8) hours of Sick Leave per month, and receive Sick Leave pay for the actual number of hours absent, provided the employee has a sufficient balance of Sick Leave hours. 2. Vacation: Employees on a 4/10 or 9/80 work schedule shall accumulate the same number of hours vacation per month as under a 5/8 work schedule. Vacation will be granted for the actual Resolution No. FY 20 Salary Resolution Page 10 number of hours absent, provided the employee has a sufficient balance of Vacation hours. SECTION 8. MANAGEMENT LEAVE (formerly “Administrative Leave”) A. For employees in Exhibit 2, Management Leave shall be granted as follows: 1. Full time employees appointed to permanent positions in classes who are not entitled to payment or equivalent compensatory time off for overtime work (as described in Section 4 above.), shall be granted Management Leave as provided in this subsection 1. A balance of 60 hours shall be credited to each such employee on the first day in July of each fiscal year. Upon their employment by the City, new employees appointed in such positions shall be credited with five (5) hours of Management Leave for each full calendar month remaining in such appointment in the fiscal year. Employees in limited or provisional appointments to such positions shall receive five (5) hours of Management Leave for each full month of such provisional or limited appointment. 2. Unused Management Leave will not be carried over to the next fiscal year. Employees may request payment and be compensated for up to forty-eight (48) hours of Management Leave during the fiscal year in which it is credited, subject to rules established by the City Manager. Employees shall be compensated for any Management Leave balance, not to exceed sixty (60) hours, upon termination from City service. 3. Management Leave shall be scheduled at the convenience of the department. Approval by the City Manager or designee must be obtained before an appointing authority appointed by the City Manager may take such leave. B. For employees in Non-Exempt positions, Management Leave shall be as follows: Employees in non-exempt positions who are in limited or provisional appointments to exempt positions, shall receive a proportional amount of the annual accrual of Management Leave for the exempt classification for each full month of such provisional or limited appointment. Employees must use the Management Leave in accordance with applicable provisions in appropriate MOUs or T & Cs. SECTION 9. SICK LEAVE USAGE AND COMPENSATION FOR EMPLOYEES IN EXHIBIT 2 Resolution No. FY 20 Salary Resolution Page 11 A. Employees holding an appointment in a permanent class included in Exhibit 2 who are not participating in the Annual Leave Plan and who meet the eligibility criteria in Section 18(F), shall, upon separation from City by service retirement or by disability retirement if the employee is otherwise eligible for service retirement, be credited with the number of accumulated unused Sick Leave balances in excess of 240 hours at the time of retirement multiplied by 40 percent (40%) of the employee’s then current hourly rate of pay to be used solely to pay premiums for medical insurance (including COBRA premiums), pursuant to the City’s Health Reimbursement Arrangement (hereafter “HRA”) as set forth in Section 18(F). B. Protected Sick Leave: After 90 days of employment at the City, employees holding a permanent position in Exhibit 2 who are not participating in the Annual Leave Plan shall be allowed to use up to six (6) months of Sick Leave which would be accrued per fiscal year for Protected Sick Leave purposes identified in California Labor Code Section 233, and up to 20 hours of Supplemental Sick Leave in accordance with the provisions for such leave, as set forth in Section 12 below. The purpose of Protected Sick Leave is to allow employees time to care for themselves and family members as defined by California Labor Code Section 233. Employees are encouraged to schedule routine medical and/or dental appointments outside of regular work hours when possible. Use of Protected Sick Leave shall be recorded by their appointing authority or designee. The first three days or twenty-four hours, whichever is greater, shall also be considered leave taken under California Labor Code Section 246.5 (i.e., AB 1522, Healthy Workplace Healthy Family Act of 2014). Employees who separate City employment and return within one (1) year of such separation will be entitled to reinstatement of unused Sick Leave balances at the time of separation from City employment, up to a total of forty-eight (48) hours. SECTION 10. ANNUAL LEAVE FOR EMPLOYEES IN EXHIBIT 2 A. This section applies to eligible employees hired on and after July 1, 2000, and those hired prior to July 1, 2000 who have been continuously employed by the City and previously elected to participate in Annual Leave. Eligible employees who elected not to participate in Annual Leave shall continue to accrue Sick Leave, as provided in FMC Section 3-107, and Vacation Leave, as provided in Section 13 of this Salary Resolution and FMC Section 3-108. Resolution No. FY 20 Salary Resolution Page 12 B. For employees on a forty (40) hour work schedule, the Annual Leave Plan shall be as follows: 1. Annual Leave Accrual – Vacation Leave and Sick Leave will no longer be accumulated as provided in the FMC, but as detailed below. Employees holding a permanent position included in Exhibit 2 who are participating in the Annual Leave Plan, shall be allowed to use up to the hours of Annual Leave accrued in six (6) months for Protected Sick Leave for the purposes identified in California Labor Code Section 233. The first three days or twenty-four hours, whichever is greater, of used Protected Sick Leave shall also be considered leave taken under California Labor Code Section 246.5 (i.e., AB 1522, Healthy Workplace Healthy Family Act of 2014). a. Less than Ten (10) Years – For such employees who have been continuously employed by the City for less than ten (10) years and were City employees in permanent positions prior to August 31, 2014, the Annual Leave accrual rate will be 15.5 hours for each completed calendar month of employment. In the event the City agrees to a higher Annual Leave accrual rate for members of recognized labor organizations who participate in the City of Fresno Employees’ Retirement System, the City will increase the Annual Leave accrual rate to the same level for employees in Exhibit 2. For such employees who have been continuously employed by the City for less than ten (10) years and became City employees in permanent positions on or after August 31, 2014, the Annual Leave accrual rate will be 13.33 hours for each completed calendar month of employment. b. More than Ten (10) Years – For such employees who have been continuously employed by the City for ten (10) years or more, and were City employees in permanent positions prior to August 31, 2014, the Annual Leave accrual rate will be 18.83 hours for each completed calendar month of employment. In the event the City agrees to a higher Annual Leave accrual rate for members of recognized labor organizations who participate in the City of Fresno Employees’ Retirement System, the City will increase the Resolution No. FY 20 Salary Resolution Page 13 Annual Leave accrual rate to the same level for employees in Exhibit 2. For such employees who have been continuously employed by the City for ten (10) years or more and became City employees in permanent positions on or after August 31, 2014, the Annual Leave accrual rate will be 16 hours for each completed calendar month of employment. c. Annual Leave Accumulation Limit – Effective September 1, 2014, the accumulation of unused Annual Leave will not exceed 1,200 hours for employees in Executive Pay ranges E1 through E4; 1,000 hours for employees in the E5 range; and 840 hours for employees in the, E6, E7, E8, E10, E15, E16, E17, E19, E20, E21 and E22 ranges. In the event an employee has an Annual Leave balance over the limits listed above, accruals will cease until the balance is under the limit. 2. Annual Leave Pay Out a. Unused Annual Leave Pay Out During Fiscal Year – Employees may request payment and be compensated for up to 48 hours or ten percent (10%) of their Annual Leave balance, whichever is greater, each fiscal year between July 1 and December 31; no cash out may be completed between January 1 and June 30. Cash outs of Annual Leave balances are not pensionable for retirement purposes. b. Unused Annual Leave Pay Out – Upon separation from City service, employees will be compensated for all unused Annual Leave balances at their applicable base rate of pay. Payment received under this provision will not be pensionable for retirement purposes. 3. Frozen Sick Leave a. Use of Frozen Sick Leave – Frozen Sick Leave balances may be used by the employee in accordance with provisions of FMC section 3-107, or for those purposes defined in California Labor Code section 233 up to the statutory amount for the fiscal year unless the statutory amount has been satisfied by use of other leaves for the fiscal year. Resolution No. FY 20 Salary Resolution Page 14 b. Unused Frozen Sick Leave Pay Out – Upon separation from City service by service retirement or at a disability retirement if the employee is otherwise eligible for service retirement, employees who meet the eligibility criteria in Section 18(F) shall be credited with the number of accumulated frozen Sick Leave balances in excess of 240 hours at the time of retirement multiplied by 40% of the employee’s then current hourly rate of pay to be used solely to pay premiums for medical insurance (including COBRA premiums), pursuant to the City’s HRA as set forth in Section 18(F). Employees who separate City employment and return within one (1) year of such separation will be entitled to reinstatement of their Sick Leave balances at the time of separation from City employment, up to a total of forty-eight (48) hours. SECTION 11. HOLIDAYS FOR EMPLOYEES IN EXHIBIT 2 A. Employees occupying a permanent position in Exhibit 2 shall be entitled to the holidays listed in FMC Section 3-116, except in lieu of February 12 (Lincoln’s Birthday) and September 9 (Admissions Day) such employees shall accrue eight (8) hours Holiday Leave on July 1 of each calendar year. B. Employees may request payment and be compensated for up to 48 hours or ten percent (10%) of their Holiday Leave balance, whichever is greater, each fiscal year between July 1 and March 31; no cash out may be completed between April 1 and June 30. C. Any employee in Exhibit 2 who is exempt from the payment of overtime and who is otherwise eligible to receive such accumulation, who is required to work a regularly scheduled shift on a holiday, shall have the number of hours worked up to eight (8) hours added to their holiday balance on the first day of the pay period following the date of such work. When a holiday falls on Saturday, or falls on the employee’s day off such employee shall receive eight (8) hours Holiday Leave. D. Upon separation from City service, employees will be compensated for all unused holiday balances at their applicable base rate of pay. Payment for cash outs of accumulated Holiday Leave balances received under this provision will not be considered pensionable for retirement purposes. SECTION 12. SUPPLEMENTAL SICK LEAVE FOR EMPLOYEES IN EXHIBIT 2 Resolution No. FY 20 Salary Resolution Page 15 Upon employment by the City, new employees appointed to permanent positions set forth in Exhibit 2 shall receive 40 hours of Supplemental Sick Leave each fiscal year with a lifetime accrual limit of 80 hours. Supplemental Sick leave hours shall be credited on a pro-rated basis for each full calendar month remaining on such appointment in the fiscal year. Employees in Exhibit 2 may utilize earned and accrued Supplemental Sick Leave hours: (1) once regular Sick and Annual Leave have been exhausted; (2) as service credit on an hour-per-hour basis upon retirement; (3) to be cashed out at retirement or separation from the City, if not eligible for participation in the HRA; (4) in the performance of community activities during the course of the employee’s normal work day, with the appropriate approval; (5) placed in the HRA in accordance with Section 18(F); or (6) once regular Sick and Annual Leave have been exhausted, up to half of the hours of Supplemental Sick Leave accrued in a fiscal year for Protected Sick Leave used only for those purposes identified in California Labor Code 233. The first three days or twenty-four hours, whichever is greater, of Protected Sick Leave shall also be considered leave taken under California Labor Code Section 246.5 (i.e., AB 1522, Healthy Workplace Healthy Family Act of 2014) Use of Protected Sick Leave must be authorized and recorded by the department director or designee. Cash outs received under this provision will not be considered pensionable for retirement purposes. SECTION 13. VACATION ACCRUALS FOR EMPLOYEES IN EXHIBIT 2 Eligible employees in classes listed in Exhibit 2 who are not participating in the Annual Leave plan, shall accumulate Vacation Leave as provided in FMC Section 3-108, except that subsection (h) shall not apply. Said employees who have been continuously employed less than ten (10) years shall be allowed to accumulate unused Vacation Leave credit of 400 hours. Said employees who have been continuously employed for ten (10) years or more shall be allowed to accumulate unused Vacation Leave credit of 500 hours. Said employees may, in November of each year, request a cash payment from eight (8) to 40 hours of any vacation accrual the employee has acquired prior to the December payroll period, if on October 31 of that year, the employee has a balance of 240 or more hours of Sick Leave. All other provisions of FMC Section 3-108 shall apply. Payment received under this provision will not be pensionable for retirement purposes. SECTION 14. MANAGEMENT TIME OFF FOR EMPLOYEES IN EXHIBIT 2 Resolution No. FY 20 Salary Resolution Page 16 City employees who are designated as exempt from overtime under the provisions of the FLSA and who receive Management Leave pursuant to Section 8, may be granted Management Time Off if the supervisor or designee determines that service delivery and performance of job functions will not be impaired due to the employee’s absence. Such time off shall not be calculated on an hour-for-hour basis in relation to total hours worked. Management Time Off shall not be deducted from any existing leave banks. Management Time Off must be scheduled in advance when possible, approved as Management Time Off by the employee’s supervisor or designee and generally taken in increments of less than one day. Only department directors, assistant directors, or division managers may approve Management Time Off for a full day’s absence. SECTION 15. SALARY RATES The various classes of employment in the City service listed in the following designated exhibits (which are incorporated herein) shall be paid at the rates set forth therein opposite each class title: EXHIBIT 1 Non-Supervisory Blue Collar EXHIBIT 2 Non-Represented Management and Confidential Classes EXHIBIT 3 Non-Supervisory White Collar EXHIBIT 4 Non-Management Police EXHIBIT 5 Non-Management Fire EXHIBIT 6 Bus Drivers and Student Drivers EXHIBIT 7 Non-Supervisory Groups and Crafts EXHIBIT 8 Non-Represented EXHIBIT 9 Police Management EXHIBIT 10 Fire Management EXHIBIT 11 Airport Public Safety Officers EXHIBIT 12 Board and Commission Members EXHIBIT 13-1 Exempt Supervisory and Professional EXHIBIT 13-2 Non-Exempt Professional EXHIBIT 14 Management EXHIBIT 15 Airport Public Safety Supervisors SECTION 16. CERTIFICATE PAY A. Each employee who holds a permanent appointment to a position in the classes of Principal Internal Auditor or Internal Auditor who has been licensed as a Certified Public Accountant by the State of California or as a Certified Internal Auditor by the Institute of Internal Auditors, shall be paid an additional five percent (5%) of base pay. Resolution No. FY 20 Salary Resolution Page 17 B. Employees who possess and maintain certification as a Certified Access Specialist program (CASp) and are in a position identified by a department as eligible for Certificate Pay shall receive $200 per month. SECTION 17. BILINGUAL CERTIFICATION PROGRAM FOR EMPLOYEES OCCUPYING PERMANENT CLASSES The bilingual certification program consists of a City administered examination process whereby employees in Exhibit 2 or employees with applicable MOUs or T & Cs with Bilingual pay provisions, may apply for a bilingual examination, and if certified by the examiner, receive bilingual premium pay for interpreting and translating. In conjunction with the Director of Personnel Services, department directors or their designees shall designate those positions or assignments for which bilingual skills are desired, unless modified by applicable MOU or T & C. A. In order to remain eligible to receive bilingual premium pay, employees must take and pass the certification examination once every five (5) years. Employees who fail to recertify will no longer receive bilingual premium pay. B. This bilingual certification program is not subject to the grievance or appeal process. C. Bilingual certification examinations are conducted for Armenian, Cambodian, Hindi, Hmong, Laotian, Punjabi, Sign, Spanish, and Vietnamese languages. D. The bilingual premium pay rate for certified employees occupying permanent classes in Exhibit 2 is one hundred dollars ($100) per month, regardless of how many languages for which an employee is certified. E. Certified employees may interpret/translate for departments/divisions they are not assigned to, provided the requesting department/division has a demonstrated customer service related need and has obtained approval from the certified employee’s supervisor. F. Certified employees shall not refuse to interpret/translate while on paid status. Refusal shall result in appropriate disciplinary action. G. Certified employees may be assigned to any incident or investigation requiring their bilingual skills, and may be required to prepare written reports related to the incident or investigation. The objective of this policy will be to utilize department resources in the most efficient way possible. H. Except in the event of an emergency as determined by management, bilingual employees who are not certified shall not be required to interpret/translate. Resolution No. FY 20 Salary Resolution Page 18 SECTION 18. BENEFITS FOR FULL-TIME EMPLOYEES OCCUPYING PERMANENT POSITIONS IN EXHIBIT 2 Benefits for employees occupying permanent positions in Exhibit 2 shall be as follows: A. Effective September 1, 2014, the City’s contribution towards employee health insurance is seventy-five percent (75%) of the premium established by the Fresno City Employees Health and Welfare Trust Board. The cost of increases after September 1, 2014, in the health and welfare premium will be shared on a fifty percent (50%) basis by the City and employees, except that employees will be required to pay no more than thirty percent (30%) of the premium established by the Fresno City Employees Health and Welfare Trust Board. At such time as the employee share is set at thirty percent (30%), the City shall pay seventy percent (70%). The employee may opt to contribute the amount necessary to make up the difference through payroll deductions, or accept a reduced coverage option. Should any represented bargaining unit in the City negotiate a successor MOU, impose T & C, extend the period of an MOU or T & C, resulting in a greater contribution by the City (including maintenance of percentage contributions) the City will match that benefit. B. The City will provide a Life Insurance benefit that is equal to the employee’s annual earnings, rounding up to the next $1,000, with a maximum benefit of $150,000. C. The City provides Long Term Disability Insurance for employees in accordance with terms of the policy. D. Employees may elect to make contributions through payroll deductions for voluntary supplemental benefits made available by the City. E. Employees in Exhibit 2 hired with the City on or after August 31, 2014, shall make an additional contribution equal to one and one-half percent (1.5%) of their pensionable compensation to the City of Fresno Employees Retirement System, reducing the City contribution by a corresponding amount. Employees who transfer, demote, or promote, into Unit 2 and were paying an additional one and one half percent (1.5%) of their pensionable compensation to the City of Fresno Employees Retirement Resolution No. FY 20 Salary Resolution Page 19 System immediately prior to entering Unit 2, shall continue to pay the additional one and one half percent (1.5%) of their pensionable compensation to the City of Fresno Employees Retirement System, reducing the City contribution by a corresponding amount. In accordance with Internal Revenue Code Section 414(h)(2) and related guidance, the City shall pick-up and pay the contribution by salary reduction in accordance with this provision to the City of Fresno Employees Retirement System. The employee shall have no option to receive the one and one-half percent (1.5%) contribution in cash. The one and one-half percent (1.5%) contribution paid by the employee will not be credited to an employee’s accumulated contribution account, nor will it be deposited into a member’s DROP account. Unit 2 employees who are members of Tier 2 of the Fire and Police Retirement System, hired on or after July 1, 2019, shall pay an additional contribution equal to three percent (3%) of their pensionable compensation to the Fire and Police Retirement System, reducing the City retirement contribution by the corresponding amount. In accordance with Internal Revenue Code Section 414(h)(2) and related guidance, the City shall pick-up and pay the contribution by salary reduction in accordance with this provision to the City of Fresno Fire and Police Retirement System. The employee shall have no option to receive the three percent (3%) contribution in cash. The three percent (3%) contribution paid by the employee will not be credited to an employee’s accumulated contribution account nor will it be deposited into a member’s Deferred Retirement Account Program (“DROP”) account. F. The City currently maintains an HRA that qualifies as a “Health Reimbursement Arrangement” as described in Internal Revenue Service (IRS) Notice 2002-45 and other guidance published by the IRS regarding HRA’s. At separation from permanent employment with the City of Fresno by service retirement or at a disability retirement if the employee is otherwise eligible for service retirement, employees who have used 80 hours or less of frozen Sick Leave and/or Annual Leave used for sick time and/or Sick Leave, Holiday Leave, and/or Vacation Leave used for sick time (excluding only Bereavement Leave, and statutorily protected hours used for workers’ compensation benefits, and/or other statutory protected leave such as Family and Medical Leave Act and Protected Sick Leave taken for the purposes identified in California Labor Code Section 233) in the 24 months preceding their date of retirement, will be credited with an account for the employee under the HRA to be used solely to pay premiums for medical insurance (including COBRA premiums). The “value” of the account shall be determined as follows: Resolution No. FY 20 Salary Resolution Page 20 • The number of accumulated Supplemental Sick Leave hours at the time of retirement multiplied by the employee's then current hourly base rate of pay. • For those with Annual Leave, the number of accumulated frozen Sick Leave hours in excess of 240 hours at the time of retirement multiplied by 40 percent (40%) of the employee’s then current hourly base rate of pay. • For those with Vacation/Sick Leave, the number of accumulated sick leave hours in excess of 240 hours at the time of retirement multiplied by 40 percent (40%) of the employee’s then current hourly base rate of pay. • The hourly base rate of pay shall be the equivalent of the monthly salary for an employee as reflected in the applicable range, multiplied by 12 months then divided by 2,080 hours. • The accounts may be book accounts only, or cash accounts at the City’s option. No actual trust account shall be established for any employee. Each HRA account shall be credited on a monthly basis with a rate of earnings equal to the yield on the City's Investment Portfolio (provided that such yield is positive). The HRA accounts shall be used solely to pay premiums for medical insurance (including COBRA premiums) covering the participant, the participant's spouse (or surviving spouse in the event of the death of the participant), and the participant's dependents. Once a participant's account under the HRA has been reduced to $0, no further benefits shall be payable by the HRA. If the participant, the participant's spouse, and the participant's dependents die before the participant's account under the HRA has been reduced to $0, no death benefit shall be payable to any person by the HRA. While this provision is in effect, employees eligible for HRA shall not be allowed to cash out any accumulated or accrued Supplemental Sick Leave or frozen Sick Leave or Sick Leave at retirement. G. On September 15, 2011, the City Council adopted Resolution No. 2011- 193, which began the imposition of a salary concession effective September 5, 2011, on employees holding positions listed in Exhibit 2 of the Salary Resolution (FY12 salary concessions). Resolution No. FY 20 Salary Resolution Page 21 Employees in Exhibit 2 impacted by FY12 salary concessions will be held harmless with respect to DROP and retirement calculations, including calculations impacting members who separate from City employment and elect a deferred vested status. Employer and employee retirement contributions will continue to be calculated based on the unadjusted, pre-concessions salary/hourly rate. Employee leave payoffs at separation will be calculated using the unadjusted, pre-concessions salary/hourly rate, including those leave payoffs used to calculate credit to the employee’s HRA retirement. This section shall be applied retroactively to those employees who separated from City employment on or after July 1, 2012. SECTION 19. COMPENSATION FOR FULL-TIME EMPLOYEES OCCUPYING PERMANENT POSITIONS IN EXHIBIT 2 A. The following forms of compensation, when authorized, are to be included in base salary: a. Salary; b. Deferred compensation contributions by the City; if permitted by employment contract, the employee may elect to receive a portion of base salary in the form of deferred compensation; and c. Any other form of compensation not specified in paragraph C below. B. The rate of base salary paid shall not be less than or greater than the ranges established in this Salary Resolution at the time the salary is earned. C. The following forms of compensation, when authorized by ordinance, resolution, or an approved written employment contract, are not to be included in base salary: a. Monthly vehicle allowance pursuant to the requirements of Administrative Order 2-2; b. Education and/or certificate pay; c. Premium pay; d. Reimbursement for actual educational expenses related to job position; Resolution No. FY 20 Salary Resolution Page 22 e. Uniform pay allowance, excluding costs for uniform upkeep; f. Leave payoff/cash out; g. Professional dues for enrollment of professional organizations related to job position; h. Annual payment for employee’s attendance at two professional organization conferences, including reimbursement of reasonable and necessary travel and subsistence expenses; i. Reimbursement for actual relocation expenses incurred at the time of commencement of employment with the City; j. Professional pay authorized in a memorandum of understanding closest in relation to the employee’s classification, for example, POST pay for peace officers; k. Mileage, meal, hotel, public transportation, and other authorized expenses reimbursed for travel expenses incurred while on City business; l. City provided contributions to insurance premiums; m. Severance pay following an employee’s termination; and n. City contributions to health and welfare benefits paid during the term of any severance period. D. Compensation paid to employees in the form of either cash or City funded deferred compensation contributions or any equivalent that are in addition to base salary and not covered by another form of authorized compensation approved by City Council (e.g., a memorandum of understanding closest in relation to the employee’s classification; an ordinance; or a resolution) are not authorized. E. The following forms of compensation are authorized for employees in Exhibit 2, when included in an approved written employment contract: a. Education and/or certificate pay; b. Reimbursement for actual education expenses related to job position; Resolution No. FY 20 Salary Resolution Page 23 c. Professional dues for enrollment of professional organizations related to job position; d. Annual payment for employee’s attendance at two professional organization conferences, including reimbursement of reasonable and necessary travel and subsistence expenses; e. Reimbursement for actual relocation expenses incurred at the time of commencement of employment with the City; f. Mileage, meal, hotel, public transportation, and other authorized expenses reimbursed for travel expenses incurred while on City business; g. Up to six months’ severance pay following an employee’s termination; and h. City contributions to health and welfare benefits paid during the term of any severance period. F. Performance bonuses for exempt employees, received prior to November 12, 2015, or specifically authorized by City Council after that date, shall be considered pensionable compensation for calculation of retirement benefits and shall not be included as part of base salary. G. Employees in Exhibit 2 who are in job classes with salary ranges E6 through E22 are eligible to receive up to fifty dollars ($50) per month. This benefit is for employees who voluntarily participate in the City’s Deferred Compensation plan, which shall not be calculated as part of base salary. Employees not currently participating in the plan will be required to complete a Participation Agreement and elect to contribute. SECTION 20. BENEFITS FOR POLICE CADETS AND PERMANENT PART-TIME EMPLOYEES A. Employees in permanent full-time positions in the Police Cadet series shall receive the following benefits: 1. Police Cadet is a training series and is designed to ultimately lead to appointment to a permanent full-time position other than Police Cadet in the Police Department. A Police Cadet may be terminated from the Police Cadet program pursuant to FMC 3-266(d). 2. Upon appointment to a permanent position other than Police Cadet, time served as a Police Cadet I and II shall not be included in calculating an employee’s period of continuous service for the Resolution No. FY 20 Salary Resolution Page 24 purposes of seniority, retirement benefits, leave accruals, or other benefits. 3. Police Cadets shall be provided with Social Security benefits and shall not be members of the Fresno City Employees’ Retirement System as they are employed principally for the purpose of training. 4. Actual hours worked in excess of 40 hours a week shall be compensated as overtime in accordance with the applicable provisions of FLSA. 5. Fringe benefits for employees in permanent positions in the Cadet series will be determined by the City Manager or designee. 6. Sick Leave Employees will accumulate and be able to use Sick Leave in accordance with AB1522, Healthy Workplace Healthy Family Act of 2014, up to twenty-four (24) hours or three (3) days each fiscal year, whichever is greater. Employees will earn one (1) hour of leave for every thirty (30) hours of work, including overtime. This accrual will begin on July 1, 2015, or the first day of employment, whichever is later. Accruals of Sick Leave will be capped at forty-eight (48) hours. Accruals of Sick Leave may be carried over from year to year. Employees who leave City employment and return within one (1) year from the date of separation will have unused Sick Leave accruals restored up to forty-eight (48) hours. 7. Bilingual Premium Pay Employees in the Cadet Series shall be eligible for the Bilingual Certification Program as provided in Section 17. B. Benefits for Permanent Part-Time (hereafter “PPT”) employees shall be as follows: 1. Health and Welfare benefits shall be provided as outlined in Section 18A. 2. PPT employees shall be provided with Social Security benefits and shall not be members of the Fresno City Employees’ Retirement System. Until the Retirement Board acts upon the joint recommendation regarding retirement benefits applicable to PPT employees, and any ordinances or resolutions are adopted Resolution No. FY 20 Salary Resolution Page 25 implementing that action, PPT employees shall not be in the Fresno City Employees’ Retirement System and shall be provided with Social Security benefits. PPT employees who participated in the plan as a permanent full-time employee and whose contributions remain on deposit remain members of the Fresno City Employees’ Retirement System. 3. PPT employees shall be paid for jury duty attendance and court attendance in accordance with FMC Sections 3-109 and 3-110. 4. Holidays PPT employees shall receive paid leave for holidays in proportion to the number of non-overtime hours scheduled for that position, as reflected in the adopted budget. 5. Leave for PPT Employees in Exhibit 2 PPT employees holding an appointment in a permanent class included in Exhibit 2, shall be granted leave under the same terms and conditions as full time employees in the same class in Exhibit 2, except that such leave shall be at a rate proportionate to a permanent full time employee occupying the same class, according to the number of hours scheduled to work. C. Use of Protected Sick Leave for Police Cadets and Permanent Part-Time Employees: 1. The first three (3) days or twenty-four (24) hours, whichever is greater, of leave shall be Protected Sick Leave by an employee on or after July 1 of each year if used for the purposes noted in subsection C.3 below, and will be considered leave taken under AB1522, Healthy Workplace Healthy Family Act of 2014. The leave will not be used or considered for the purpose of corrective and/or disciplinary action. The purpose of this benefit is to allow employees time to care for themselves and family members as defined in California Labor Code section 246.5 for the purposes identified in California Labor Code section 233 as stated in subsection 3 below. Employees are encouraged to schedule routine medical and/or dental appointments outside of regular work hours when possible. Use of Protected Sick Leave shall be authorized and recorded by an appointing authority or designee. 2. Protected Sick Leave can be used for: Resolution No. FY 20 Salary Resolution Page 26 a. Diagnosis, care, or treatment of an existing health condition of, or preventative care for, an employee; b. Diagnosis, care, or treatment of an existing health condition of, or preventative care for an employee’s parent (a biological adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child), child (a child, which for purposes of this article means a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis - this definition of a child is applicable regardless of age or dependency status), spouse, registered domestic partner, parent-in-law, sibling, grandchild, or grandchild; or, c. For an employee who is a victim of domestic violence, sexual assault, or stalking, the purposes described in Labor Code Section 230(c) and Labor Code Section 230.1(a). 3. After the employee has taken the first three (3) days of Protected Sick Leave for purposes as defined in subsection C3 above on or after July 1 of each year, these provisions under AB1522, Healthy Workplace Healthy Family Act of 2014 will no longer be applicable. 4. Protected Sick Leave requests will be administered in accordance with existing FMC provisions, City administrative orders, policies, procedures, rules and regulations regarding approval of time off. SECTION 21. CONVERSION OF LEAVES WHEN CHANGING BARGAINING UNITS A. Employees changing from a bargaining unit with leave banks that are the same as leave banks in the bargaining unit to which they are transferring, will maintain their existing leave balances (e.g. Vacation Leave to Vacation Leave, Sick Leave to Sick Leave, Supplemental Sick Leave to Supplemental Sick Leave, etc.), subject to Section 21, Subsection (H) Leave Caps below. Employees in a bargaining unit with Management Leave who move to a bargaining unit with Management Leave will maintain their existing leave balances. B. Annual Leave/Vacation Leave - Employees with an Annual Leave balance transferring to a position in a bargaining unit which is not covered by Resolution No. FY 20 Salary Resolution Page 27 Annual Leave, may either cash out unused Annual Leave at the former class’ base rate of pay, or convert the unused Annual Leave to a non- accruing Annual Leave bank. The conversion is obtained by multiplying unused Annual Leave hours by the former class’s base rate of pay (converted to an hourly figure), dividing the product by the new class’s base rate of pay (converted to an hourly figure), and placing the resulting balance for leave usage as requested and designated by the employee, with appropriate approval. Employees with Vacation Leave transferring to a bargaining unit with Annual Leave will have all Vacation accruals converted to Annual Leave. C. Sick Leave – Employees with Sick Leave who move to a bargaining unit with Annual Leave will have their unused Sick Leave balances frozen. D. Supplemental Sick Leave – Employees with Supplemental Sick Leave who transfer to a bargaining unit with no Supplemental Sick Leave may either cash the leave out at the former class’ base rate of pay or continue to maintain the Supplemental Sick Leave. If the employee elects to retain the Supplemental Sick Leave, it may be used pursuant to Section 12. E. Supplemental Management Leave (formerly “Supplemental Administrative Leave”) – Employees with Supplemental Management Leave who transfer to a bargaining unit with no Supplemental Management Leave, will retain such leave for use during the fiscal year. Leave not used by the end of the fiscal year cannot be cashed out and is forfeited. F. Employee Incentive Time Off (EITO) – Employees with EITO who transfer to a bargaining unit with no EITO will have the EITO balance cashed out at the former class’ base rate of pay at the time of transfer. G. Compensatory Time Off (CTO) – Employees with CTO who transfer to a bargaining unit with no CTO, will have all time cashed out at the former class’ rate of pay. Employees with CTO who transfer to a bargaining unit with CTO will be subject to all provisions regarding CTO in the new bargaining unit. If the employee’s CTO balance is over the cap of the new bargaining unit, any CTO above the cap will be cashed out at the former class’ base rate of pay. Conversion example: 100 unused hrs x $15.00 (Former base rate) = 75 hrs placed in non-accruing $20.00 (New class base rate) annual leave balance account Resolution No. FY 20 Salary Resolution Page 28 H. Leave Caps - When employees transfer from one bargaining unit to a different bargaining unit that has a lower leave accrual cap for leave other than Sick Leave, all leave over the cap will be cashed out at the former class’ base rate of pay upon the conclusion of the second pay period after the transfer in bargaining unit. The cash out is obtained by multiplying the amount of hours over the new cap by the former class' base rate of pay (converted to an hourly figure). Employees with Sick Leave who transfer to a bargaining unit with Sick Leave whose balance is over the cap of the new bargaining unit will have any hours above the Sick Leave cap converted to a Frozen Sick Leave bank. Employees with Holiday Leave who transfer to a bargaining unit with a Holiday Leave whose balance is over the cap of the new bargaining unit will have any Holiday Leave above the cap converted to a Special Holiday Leave bank. Employees with Special Holiday Leave who transfer to a bargaining unit with no Holiday Leave cap will have all Special Holiday Leave converted to Holiday Leave. SECTION 22. SPECIAL PROVISIONS FOR EMPLOYEES ON LEAVE FOR MILITARY SERVICE The City will extend salary and benefits to permanent City employees while they are serving in active military duty deployments of more than thirty-one (31) days as follows: A. Payment of the employee’s salary differential benefit; B. Payment of the City’s portion of the employees’ Health and Welfare Contribution, if the employee is currently covered by the City of Fresno Health and Welfare Trust; and C. Continued accrual of Vacation, Sick Leave, Annual Leave and/or Management Leave balances to which they are otherwise entitled by unit designation and employee status during the period of deployment. SECTION 23. BEREAVEMENT LEAVE In accordance with FMC Sections 3-107 (d)(1) and (h), upon the death of a member of an employee’s immediate family, the employee shall be allowed to use Sick Leave (or Annual Leave) for such Special Leave as is actually Resolution No. FY 20 Salary Resolution Page 29 necessary to take care of funeral arrangements or attend the funeral, but not to exceed four working days; provided, however, that members of the fire fighting forces working a twenty-four hour shift shall be allowed such Sick Leave not to exceed two regular working shifts. For the purpose of this provision, immediate family includes: the employee’s child, parent, spouse, registered domestic partner, parent-in-law, grandparent, grandchildren, or sibling. An employee may use Sick Leave to attend the funeral of a person other than a member of the immediate family if granted such Special Leave by their department head. The department head shall notify Personnel Services Director when any employee is granted such Special Leave. SECTION 24. LEAVE INTEGRATION WITH STATE DISABILITY INSURANCE (SDI) FOR NEW EMPLOYEES AND EMPLOYEES TRANSITIONING FROM A BARGAINING UNIT WITH SDI; LEAVE INTEGRATION WITH THE CITY’S LONG TERM DISABILITY INSURANCE PLAN A. INTEGRATION WITH SDI (INCLUDING PAID FAMILY LEAVE) (SDI/PFL) Employees eligible for SDI/PFL benefits under Section 2601, et seq. of California Unemployment Insurance Code receive benefits pursuant to California Unemployment Insurance Code Section 2655. Newly hired employees and employees transitioning from a bargaining unit with SDI participation are eligible to intergrate their leave balances under this Section. Integrating leave balances is defined as using the SDI/PFL benefit combined with an appropriate number of hours per work week of the employee’s available leave balances added together to provide regular, bi- weekly income. Before leave integration will occur, an employee must file a claim as required under SDI/PFL and make a timely election to integrate leave with SDI/PFL benefits which shall be no more than 100 percent of the employee’s normal bi-weekly gross wages (excluding overtime pay) immediately prior to the start of the disability period. A timely election to integrate leave shall be notification to the City as soon as practical, but no later than fourteen (14) calendar days after commencement of the leave. Notification shall be provided by completing an integration agreement form available in each Department from the Payroll Clerk or Payroll directly. Extensions beyond fourteen (14) calendar days may be given due to exigent good cause circumstances on a case-by- case basis by the Director of Personnel Services or their designee. Resolution No. FY 20 Salary Resolution Page 30 Employees who elect to integrate as described above must provide Payroll with a copy of the Employment Development Department’s (EDD) Notice of Computation within fourteen (14) calendar days of their receipt of the Notice, and are required to authorize EDD to share benefit computations with the City on their initial claim forms. Extensions beyond fourteen (14) calendar days due to exigent good cause circumstances, such as the employee being incapacitated, may be considered on a case-by-case basis. Leave integration will not be allowed or provided for any period before the City receives the signed integration agreement and the Notice of Computation, including retroactive integration, unless exigent good cause circumstances apply (i.e., integration will occur only on a prospective basis after the City’s receipt of the required leave integration paperwork unless exigent good cause circumstances apply). Integrating leave balances with SDI benefits will continue only if leave balances are available and the employee remains eligible to receive SDI/PFL benefits. Once integration begins, it will continue as long as leave balances are available and SDI/PFL benefits continue. Integration will end, whichever comes first in time, upon: (1) notification from the employee that SDI/PFL benefits have terminated, (2) the employee exhausting all leave balances and/or donated time resulting in leave without pay status, (3) the employee’s return to work, or (4) the employee’s separation from City employment. An employee who is integrating leave and has exhausted all other leave balances may apply for donated time in accordance with City policies. Donated time will be integrated in the same manner as all other available leave time as described in this Section. B. INTEGRATION WITH THE CITY’S LONG TERM DISABILITY PLAN Employees eligible for the City’s Long Term Disability Plan may elect to integrate leave time with those Plan benefits by signing an integration agreement as soon as practical, but no later than fourteen (14) calendar days after commencement of the leave. Notification shall be provided by completing an integration agreement form available in each Department from the Payroll Clerk or Payroll directly. Extensions beyond fourteen (14) calendar days may be given due to exigent good cause circumstances on a case-by-case basis by the Director of Personnel Services or their designee. Employees who elect to integrate as described above must provide Payroll with a copy of the City’s Long Term Disability Plan’s Notice of Award within Resolution No. FY 20 Salary Resolution Page 31 fourteen (14) calendar days of their receipt of the Notice. Extension beyond fourteen (14) calendar days due to exigent good cause circumstances, such as the employee being incapacitated, may be considered on a case-by-case basis Integration will end, whichever comes first in time, upon: (1) notification from the employee that Plan benefits have terminated, (2) the employee exhausting all leave balances and/or donated time resulting in leave without pay status, (3) the employee’s return to work, or (4) the employee’s separation from City employment. SECTION 25. SALARIES FOR EMPLOYEES IN EXHIBIT 2, EXHIBIT 8, AND PERMANENT PART-TIME EMPLOYEES WHILE ABSENT DUE TO INJURY IN THE LINE OF DUTY The percentage of wages or salary received for an employee who suffers an injury in the course and scope of City employment shall be the percentage established by the State of California Workers’ Compensation laws. SECTION 26. BENCHMARKING DELETED CLASSIFICATIONS Consistent with FMC Section 3-205, the job classifications or pay step identified in Exhibit 16 have been deleted and a pay relationship to calculate retirement benefits for the respective job classifications or pay step are hereby established as incorporated by this reference. Exhibit 16 reflects benchmarked job classifications since January 28, 2016. SECTION 27. TEMPORARY EMPLOYMENT OF CITY RETIREE Consistent with Fresno Municipal Code Sections 3-345 and 3-557 former employees who are receiving a retirement benefit from the City of Fresno Fire and Police Retirement System or the City of Fresno Employees Retirement System may be employed on a temporary basis not to exceed 2080 hours over the course of two consecutive fiscal years if there is a showing made by the appointing authority that the person possesses special skills or experience necessary to perform the duties of the position. Before commencing such temporary employment, there must be a bona-fide employment separation. For the purposes of this Section, “bona fide employment separation” means: (1) there has been no explicit or implicit understanding or agreement before their retirement, and for at least 90 calendar days after their retirement, between the employee and the City of their future temporary employment with the City, and (2) upon their retirement, the retired employee provides no work for the City, including work as a full-time, part-time, or seasonal employee; an employee through a third-party contract with the City; an independent contractor; or a leased employee, for at least 90 calendar days. Resolution No. FY 20 Salary Resolution Page 32 SECTION 28. UNUSUAL CIRCUMSTANCES In any case where, by reason of unusual circumstances, rigid adherence to the foregoing rules would cause a manifest injustice, the City Manager, on recommendation of the appropriate appointing authority and the Director of Personnel Services, may make such order deviating therefrom, as is in the City Manager’s judgment, proper to mitigate the injustice. SECTION 29. CONFLICTING RESOLUTIONS Resolution No. 2018-159, all amendments thereto, and all other resolutions or parts of resolutions in conflict with this resolution except as such resolutions or parts thereof approve a MOU or T & C, are hereby repealed. SECTION 30. RESOLUTION EFFECTIVE DATE Upon final legislative approval, this Resolution shall become effective July 1, 2019. SEE APPENDIX FOR FOOTNOTES Page 1.1 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. In those cases in which an employee is hired at the journey level, twelve months of satisfactory service is required. 7 This class is in a flexibly-staffed series, which allows an employee to “flex” to the journey level after a required training period. EXHIBIT 1 Unit 1 – Non-Supervisory Blue Collar (Local 39) CLASS TITLE JOB CODE PROB PER A B C D E Airports Building Maintenance Technician 310011 12 3557 3735 3921 4117 4323 Airports Operations Leadworker 310010 12 4155 4363 4581 4810 5050 Airports Operations Specialist 310012 12 3777 3965 4163 4371 4589 Automotive Parts Leadworker 145006 12 3777 3965 4163 4371 4589 Automotive Parts Specialist 145005 12 3432 3603 3783 3973 4171 Aviation Mechanic I 4100394 124 4608 4840 5080 5335 5601 Aviation Mechanic II 4100404 124 5070 5323 5589 5869 6161 Aviation Mechanic Leadworker 410041 12 5576 5855 6148 6455 6778 Body & Fender Repairer 320036 12 4608 4840 5080 5335 5601 Body & Fender Repairer Leadworker 320037 12 5070 5323 5589 5869 6161 Body & Fender Repairer Trainee 3200357 67 4154 4362 4580 4809 5049 Brake & Front End Specialist 710085 12 5070 5323 5589 5869 6161 Bus Air Conditioning Mechanic 320031 12 4608 4840 5080 5335 5601 Bus Air Conditioning Mechanic Leadworker 320032 12 5070 5323 5589 5869 6161 Bus Air Conditioning Mechanic Trainee 3200307 67 4154 4362 4580 4809 5049 Bus Equipment Attendant Leadworker 320040 12 3777 3965 4163 4371 4589 Bus Mechanic I 3200204 124 4154 4362 4580 4809 5049 Bus Mechanic II 3200214 124 4608 4840 5080 5335 5601 Bus Mechanic Leadworker 320022 12 5070 5323 5589 5869 6161 Collection System Maintenance Specialist 630002 12 4201 4411 4632 4863 5106 Collection System Maintenance Technician 630001 12 3819 4010 4211 4421 4642 Combination Welder 710067 12 4608 4840 5080 5335 5601 Combination Welder Leadworker 710066 12 5070 5323 5589 5869 6161 Communications Technician I 710050 12 4131 4337 4554 4781 5020 Communications Technician II 710051 12 4554 4781 5020 5271 5534 SEE APPENDIX FOR FOOTNOTES Page 1.2 2 This is an entry level class in which incumbents do not achieve permanent status within the classified service, as defined in FMC Section 3-202 (p)(5). 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. In those cases in which an employee is hired at the journey level, twelve months of satisfactory service is required. 7 This class is in a flexibly-staffed series, which allows an employee to “flex” to the journey level after a required training period. EXHIBIT 1 Unit 1 – Non-Supervisory Blue Collar (Local 39) CLASS TITLE JOB CODE PROB PER A B C D E Cross Connection Control Technician 610040 12 4414 4635 4866 5109 5364 Custodian 810001 12 2820 2961 3109 3264 3427 Electronic Equipment Installer 710060 12 3350 3517 3694 3878 4072 Equipment Service Worker I 710075 12 3432 3603 3783 3973 4171 Equipment Service Worker II 710076 12 3777 3965 4163 4371 4589 Fire Equipment Mechanic I 4200107 67 4154 4362 4580 4809 5049 Fire Equipment Mechanic II 420011 12 4608 4840 5080 5335 5601 Fire Equipment Mechanic Leadworker 420012 12 5070 5323 5589 5869 6161 Graffiti Abatement Technician 710009 12 3387 3556 3735 3921 4117 Ground Water Production Specialist 610037 12 4414 4635 4866 5109 5364 Ground Water Production Technician 610036 12 4013 4214 4424 4645 4877 Heavy Equipment Mechanic I 7101004 124 4154 4362 4580 4809 5049 Heavy Equipment Mechanic II 7101014 124 4608 4840 5080 5335 5601 Heavy Equipment Mechanic Leadworker 710102 12 5070 5323 5589 5869 6161 Heavy Equipment Operator 710025 12 4286 4501 4725 4963 5209 Instrumentation Specialist 620025 12 4854 5097 5352 5619 5899 Instrumentation Technician 620026 12 4414 4635 4866 5109 5364 Irrigation Specialist 510005 12 3727 3914 4109 4314 4529 Laborer 710005 12 2862 2993 3130 3272 3427 Light Equipment Mechanic I 7100954 124 4154 4362 4580 4809 5049 Light Equipment Mechanic II 7100964 124 4608 4840 5080 5335 5601 Light Equipment Mechanic Leadworker 710097 12 5070 5323 5589 5869 6161 Light Equipment Operator 710020 12 3777 3965 4163 4371 4589 Locksmith 810015 12 3454 3627 3807 3998 4197 Maintenance & Construction Worker 710015 12 3432 3603 3783 3973 4171 Maintenance & Operations Assistant 710001 12 2862 2993 3130 3272 3427 SEE APPENDIX FOR FOOTNOTES Page 1.3 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. In those cases in which an employee is hired at the journey level, twelve months of satisfactory service is required. EXHIBIT 1 Unit 1 – Non-Supervisory Blue Collar (Local 39) CLASS TITLE JOB CODE PROB PER A B C D E Maintenance Carpenter I 810020 12 3801 3991 4191 4400 4619 Maintenance Carpenter II 810021 12 4193 4402 4622 4853 5096 Park Equipment Mechanic II 710110 12 3777 3965 4163 4371 4589 Park Equipment Mechanic Leadworker 710111 12 4154 4362 4580 4809 5049 Parking Meter Attendant I 7101254 124 3102 3257 3421 3591 3770 Parking Meter Attendant II 7101264 124 3414 3584 3762 3950 4148 Parking Meter Attendant III 710127 12 3754 3941 4138 4345 4562 Parks Maintenance Leadworker 510003 12 3727 3914 4109 4314 4529 Parks Maintenance Worker I 510001 12 2820 2961 3109 3264 3427 Parks Maintenance Worker II 510002 12 3388 3557 3735 3921 4117 Power Generation Operator/Mechanic 620055 12 5114 5369 5638 5919 6215 Property Maintenance Leadworker 810007 12 3809 3999 4199 4409 4629 Property Maintenance Worker 810006 12 3557 3735 3923 4118 4323 Roofer 810010 12 3454 3626 3808 3998 4197 Sanitation Operator 640021 12 3777 3965 4163 4371 4589 Senior Collection System Maintenance Specialist 630004 12 4621 4852 5095 5349 5616 Senior Communications Technician 710052 12 5023 5274 5538 5814 6105 Senior Custodian 810002 12 3102 3257 3421 3591 3770 Senior Ground Water Production Operator 610038 12 5400 5670 5954 6251 6564 Senior Heavy Equipment Operator 710026 12 5276 5540 5817 6108 6413 Senior Sanitation Operator 640022 12 4154 4362 4580 4809 5049 Senior Wastewater Mechanical Specialist 620062 12 4649 4882 5125 5382 5650 Senior Wastewater Treatment Plant Operator 620043 12 5400 5670 5954 6251 6564 Senior Water Distribution/Production Operator 610030 12 5400 5670 5954 6251 6564 Senior Water Treatment Plant Operator 610039 12 5511 5787 6076 6379 6698 Solid Waste Safety & Training Specialist 640005 12 3942 4139 4346 4564 4791 SEE APPENDIX FOR FOOTNOTES Page 1.4 1 This is a training class in which incumbents do not achieve permanent status within the classified service, as defined in FMC Section 3-202 (p)(5). 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. In those cases in which an employee is hired at the journey level, twelve months of satisfactory service is required. EXHIBIT 1 Unit 1 – Non-Supervisory Blue Collar (Local 39) CLASS TITLE JOB CODE PROB PER A B C D E Street Maintenance Leadworker 710040 12 3870 4063 4266 4479 4702 Street Sweeper Lead Operator 710036 12 4154 4362 4580 4809 5049 Street Sweeper Operator 710035 12 3777 3965 4163 4371 4589 Tire Maintenance & Repair Technician 710081 12 3777 3965 4163 4371 4589 Tire Maintenance Worker 710080 12 3432 3603 3783 3973 4171 Traffic Maintenance Leadworker 710046 12 3870 4063 4266 4479 4702 Traffic Maintenance Worker I 7100444 124 3191 3350 3517 3694 3878 Traffic Maintenance Worker II 7100454 124 3509 3684 3869 4062 4264 Tree Trimmer Leadworker 510010 12 3840 4032 4234 4446 4668 Utility Leadworker 710010 12 3727 3914 4109 4314 4529 Waste Container Maintenance Worker 640010 12 3102 3257 3421 3591 3770 Wastewater Distributor Technician 620050 12 3472 3645 3828 4018 4219 Wastewater Mechanical Specialist 620061 12 4414 4635 4866 5109 5364 Wastewater Mechanical Technician 620060 12 4013 4214 4424 4645 4877 Wastewater Treatment Plant Operator-In- Training 6200401 - 3472 3645 3828 4018 4219 Wastewater Treatment Plant Specialist 620042 12 4649 4882 5125 5382 5650 Wastewater Treatment Plant Technician 620041 12 4414 4635 4866 5109 5364 Water Distribution/Production Specialist 610029 12 4414 4635 4866 5109 5364 Water Distribution/Production Technician 610028 12 4013 4214 4424 4645 4877 Water Maintenance Mechanic Specialist 610032 12 4414 4635 4866 5109 5364 Water Maintenance Mechanic Technician 610031 12 4013 4214 4424 4645 4877 Water Quality Specialist 610034 12 4414 4635 4866 5109 5364 Water Quality Technician 610033 12 4013 4214 4424 4645 4877 Welder 710065 12 4154 4362 4580 4809 5049 SEE APPENDIX FOR FOOTNOTES Page 2.1 e Exempt class, see Section 4. EXHIBIT 2 Unit 2 – Non-Represented Management and Confidential Classes CLASS TITLE JOB CODE PROB PER RANGE A B C D E Airport Public Safety Manager 310004e - E7 8291 - 10364 Assistant City Attorney 160008e - E4 11389 - 16344 Assistant City Manager 150135e - E3 15190 - 18988 Assistant Controller 135020e - E5 9588 - 13460 Assistant Director 150160e - E5 9588 - 13460 Assistant Director of Personnel Services 150043e - E5 9588 - 13460 Assistant Director of Public Utilities 620100e - E5 9588 - 13460 Assistant Director of Public Works 210089e - E5 9588 - 13460 Assistant Police Chief 415010e - E5 9588 - 13460 Assistant Retirement Administrator 135040e - E5 9588 - 13460 Budget Analyst 135006e 12 E15 5411 - 6550 Budget Manager 135008e - E5 9588 - 13460 Chief Assistant City Attorney 160015e - E3 15190 - 18988 Chief Information Officer 125067e - E4 11389 - 16344 Chief of Staff to the Mayor 150123e - E5 9588 - 13460 City Attorney 160009e - E1 17294 - 21617 City Attorney Investigator 160003 - E15 5411 - 6550 City Clerk 150125e - E5 9588 - 13460 City Engineer 210080e - E4 11389 - 16344 City Manager 150130e - E1 17294 - 21617 Community Coordinator 150075e - E16 4086 - 5748 Community Outreach Specialist 150230e - E16 4086 - 5748 Controller 135021e - E4 11389 - 16344 Council Assistant 150085e - E10 3124 - 9421 Council Chief of Staff 150086e - E10 3124 - 9421 Deputy City Attorney II 160006e - E8 7537 - 9421 Deputy City Attorney III 160007e - E7 8291 - 10364 Deputy City Manager 150140e - E7 8291 - 10364 Director 150170e - E4 11389 - 16344 Director of Aviation 310045e - E4 11389 - 16344 SEE APPENDIX FOR FOOTNOTES Page 2.2 † This is one position assigned to the Labor Relations Division in the Personnel Services Department, working on confidential issues related to negotiations with bargaining units. e Exempt class, see Section 4. EXHIBIT 2 Unit 2 – Non-Represented Management and Confidential Classes CLASS TITLE JOB CODE PROB PER RANGE A B C D E Director of Development 220020e - E4 11389 - 16344 Director of Personnel Services 150042e - E4 11389 - 16344 Director of Public Utilities 620101e - E4 11389 - 16344 Director of Transportation 310040e - E4 11389 - 16344 Economic Development Coordinator 150090e - E10 3124 - 9421 Economic Development Director 150099e - E4 11389 - 16344 Executive Assistant to Department Director 115003e - E19 3978 - 5608 Executive Assistant to the City Attorney 115004e - E17 3978 - 6142 Executive Assistant to the City Manager 115001e - E17 3978 - 6142 Fire Chief 425007e - E3 15190 - 18988 Governmental Affairs Manager 150240e - E10 3124 - 9421 Human Resources Manager 150025e - E7 8291 - 10364 Independent Reviewer 150220e - E5 9588 - 13460 Internal Auditor 135010e 12 E15 5411 - 6550 Investment Officer 135014e - E6 8558 - 11982 Labor Relations Manager 150030e - E7 8291 - 10364 Management Analyst II 150032e† 12 E15 5411 - 6550 Payroll Accountant 130016e 12 E20 5593 - 6769 Payroll Manager 135012e - E7 8291 - 10364 Police Chief 415008e - E2 15570 - 19472 Principal Budget Analyst 135009e - E7 8291 - 10364 Principal Internal Auditor 135011e - E8 7537 - 9421 Public Affairs Officer 150118e - E8 7537 - 9421 Public Works Director 210085e - E4 11389 - 16344 Retirement Administrator 135030e - E3 15190 - 18988 Retirement Benefits Manager 135045e - E7 8291 - 10364 SEE APPENDIX FOR FOOTNOTES Page 2.3 EXHIBIT 2 Unit 2 – Non-Represented Management and Confidential Classes CLASS TITLE JOB CODE PROB PER RANGE A B C D E Senior Budget Analyst 135007e – E8 7537 - 9421 Senior Deputy City Attorney I 160013e – E6 8558 - 11982 Senior Deputy City Attorney II 160014e – E21 9414 – 13181 Senior Deputy City Attorney III 160016e – E22 9884 – 13840 Senior Human Resources/Risk Analyst 150017e – E8 7537 - 9421 Senior Law Clerk 11502210 – E16 4086 – 5748 Supervising Deputy City Attorney 160010e – E5 9588 - 13460 e Exempt class, see Section 4. 10 Persons in this classification are limited to no more than two (2) consecutive years in this class. SEE APPENDIX FOR FOOTNOTES Page 3.1 3 This class is in a flexibly-staffed series which allows an employee to “flex” to the journey level after six months of satisfactory service for a total probationary period of twelve months. In those cases in which an employee is hired at the journey level, twelve months of satisfactory service is required. 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. In those cases in which an employee is hired at the journey level, twelve months of satisfactory service is required. EXHIBIT 3 Unit 3 – Non-Supervisory White Collar (FCEA) CLASS TITLE JOB CODE PROB PER A B C D E F Account Clerk I 1300013 63 2689 2811 2938 3075 3220 - Account Clerk II 1300023 123 2938 3075 3220 3366 3521 - Accountant-Auditor I 1300114 124 4013 4197 4392 4605 4821 - Accountant-Auditor II 1300124 124 4647 4862 5099 5341 5594 - Accounting Technician 130010 12 3521 3687 3861 4039 4231 - Administrative Clerk I 1100013 63 2495 2611 2727 2853 2983 - Administrative Clerk II 1100023 123 2768 2896 3028 3169 3316 - Airports Operations Officer I 3100064 124 4355 4568 4788 5028 5279 - Airports Operations Officer II 3100094 124 4788 5028 5279 5544 5821 - Airports Property Specialist I 1750014 124 4659 4884 5116 5357 5616 Airports Property Specialist II 1750024 124 5399 5657 5930 6211 6512 - Associate Electrical Safety Consultant I 230022 12 5389 5645 5917 6196 6495 - Associate Electrical Safety Consultant II 230023 12 5645 5917 6196 6495 6809 - Associate Environmental & Safety Consultant I 230003 12 5389 5645 5917 6196 6495 - Associate Environmental & Safety Consultant II 230004 12 5645 5917 6196 6495 6809 - Associate Plumbing & Mechanical Consultant I 230012 12 5389 5645 5917 6196 6495 - Associate Plumbing & Mechanical Consultant II 230013 12 5645 5917 6196 6495 6809 - Billing System Specialist 125075 12 3953 4138 4334 4530 4742 - Budget Technician 135005 12 3577 3743 3919 4103 4297 - Building Inspector I 2300074 124 4970 5206 5453 5716 5985 - Building Inspector II 2300084 124 5389 5645 5917 6196 6495 - Building Inspector III 230009 12 5645 5917 6196 6495 6809 - SEE APPENDIX FOR FOOTNOTES Page 3.2 3 This class is in a flexibly-staffed series which allows an employee to “flex” to the journey level after six months of satisfactory service for a total probationary period of twelve months. In those cases in which an employee is hired at the journey level, twelve months of satisfactory service is required. 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. In those cases in which an employee is hired at the journey level, twelve months of satisfactory service is required. 5 This class is in a flexibly-staffed series. The probationary period for employees in these classes shall be up to 18 months, at the discretion of management. An employee in this series must serve a minimum one year probationary period. EXHIBIT 3 Unit 3 – Non-Supervisory White Collar (FCEA) CLASS TITLE JOB CODE PROB PER A B C D E F Call Center Representative I 1150703 63 2938 3075 3226 3366 3521 - Call Center Representative II 1150713 123 3220 3366 3521 3687 3861 - Central Printing Clerk 120005 12 2768 2896 3028 3169 3316 - Chemist 620020 12 4735 4964 5199 5447 5707 City Records Specialist 115025 12 3577 3743 3919 4103 4297 - Commercial Building Inspector 230015 12 5389 5645 5917 6196 6495 - Community Recreation Assistant 520010 12 3014 3149 3280 3412 3562 - Community Revitalization Specialist 230053 12 4850 5083 5328 5619 5853 - Community Revitalization Technician 230059 12 3374 3531 3695 3870 4052 - Community Services Officer I 4100254 124 3131 3274 3425 3584 3751 - Community Services Officer II 4100264 124 3425 3584 3751 3928 4114 - Computer Systems Specialist I 1250104 124 4249 4447 4658 4882 5113 - Computer Systems Specialist II 1250114 124 5375 5629 5898 6180 6480 - Computer Systems Specialist III 125012 12 5933 6217 6517 6829 7160 - Construction Compliance Specialist 150055 12 4159 4349 4556 4773 4996 - Crime Scene Technician I 4100104 124 3980 4166 4362 4570 4787 - Crime Scene Technician II 4100114 124 4362 4570 4787 5014 5256 - Crime Specialist 410008 12 4992 5228 5479 5740 6018 - Customer Services Clerk I 1150603 63 2941 3074 3214 3364 3521 - Customer Services Clerk II 1150613 123 3221 3372 3531 3690 3861 - Deputy City Clerk 115028* 12 3169 3316 3470 3631 3799 - Development Services Coordinator 230057 12 4915 5185 5437 5697 5970 - Digital Forensics Analyst 410050 12 6555 6883 7227 7588 7967 - Emergency Services Dispatcher I 4100015 125 3729 3880 4041 4227 4404 - Emergency Services Dispatcher II 4100025 125 4100 4294 4499 4711 4927 - Emergency Services Dispatcher III 410003 12 4583 4793 5026 5258 5507 - SEE APPENDIX FOR FOOTNOTES Page 3.3 3 This class is in a flexibly-staffed series which allows an employee to “flex” to the journey level after six months of satisfactory service for a total probationary period of twelve months. In those cases in which an employee is hired at the journey level, twelve months of satisfactory service is required. 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. In those cases in which an employee is hired at the journey level, twelve months of satisfactory service is required. 5 This class is in a flexibly-staffed series. The probationary period for employees in these classes shall be up to 18 months, at the discretion of management. An employee in this series must serve a minimum one year probationary period. EXHIBIT 3 Unit 3 – Non-Supervisory White Collar (FCEA) CLASS TITLE JOB CODE PROB PER A B C D E F Engineer I 2100154 124 5605 5868 6144 6441 6738 - Engineer II 2100164 124 6148 6430 6739 7057 7411 - Engineering Aide I 2100013 63 3113 3251 3400 3558 3727 - Engineering Aide II 2100023 123 3636 3806 3979 4164 4366 - Engineering Inspector I 2300754 124 4789 5033 5260 5508 5775 - Engineering Inspector II 2300764 124 5239 5486 5751 6025 6314 - Engineering Technician I 2100054 124 3657 3828 4012 4192 4389 - Engineering Technician II 2100064 124 4279 4487 4694 4912 5148 - Environmental Control Officer 620001 12 4671 4894 5120 5364 5617 - Facilities Construction Specialist 230085 12 4773 4995 5234 5482 5746 - Fire Prevention Inspector I 4200014 124 4218 4416 4617 4843 5074 - Fire Prevention Inspector II 4200024 124 4862 5083 5328 5589 5853 - Fleet Operations Specialist 710105 12 4460 4668 4893 5123 5369 - Geographic Information System (GIS) Specialist 125025 12 5933 6217 6517 6829 7160 - Graphics Technician 120013 12 3840 4026 4222 4426 4643 - Helicopter Pilot 410033 12 5849 6134 6436 6751 7083 - Housing Rehabilitation Specialist 230056 12 4835 5071 5321 5582 5853 - Industrial/Commercial Water Conservation Representative 610015 12 4679 4902 5129 5373 5627 - Laboratory Assistant 620010 12 3265 3420 3578 3745 3919 - Laboratory Technician I 6200114 124 3925 4109 4302 4504 4715 - Laboratory Technician II 6200124 124 4312 4513 4725 4952 5187 - Landscape Water Conservation Specialist 610005 12 4665 4887 5120 5363 5617 - SEE APPENDIX FOR FOOTNOTES Page 3.4 3 This class is in a flexibly-staffed series which allows an employee to “flex” to the journey level after six months of satisfactory service for a total probationary period of twelve months. In those cases in which an employee is hired at the journey level, twelve months of satisfactory service is required. 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. In those cases in which an employee is hired at the journey level, twelve months of satisfactory service is required. EXHIBIT 3 Unit 3 – Non-Supervisory White Collar (FCEA) CLASS TITLE JOB CODE PROB PER A B C D E F Law Office Assistant 115021 12 3795 3979 4173 4376 4588 - Network Systems Specialist 125030 12 5933 6217 6517 6829 7160 - PAR Program Specialist 410023 12 3374 3531 3695 3870 4052 - Paratransit Specialist 320005 12 3594 3763 3941 4119 4312 - Parking Controller I 7101204 124 2680 2790 2905 3020 3149 - Parking Controller II 7101214 124 2913 3036 3161 3289 3439 - Parking Controller III 710122 12 3161 3289 3439 3578 3733 - Phlebotomist 410007 12 3265 3420 3578 3745 3919 - Planner I 2200053 63 4439 4640 4861 5095 5339 - Planner II 2200063 123 5001 5276 5532 5797 6075 - Plans and Permit Technician 220002 12 4752 4975 5201 5456 5716 - Plans Examiner 210041 12 5214 5450 5713 5992 6275 - Police Data Transcriptionist 115035 12 3703 3873 4053 4241 4441 - Police Support Services Clerk 115043 12 3084 3225 3374 3531 3695 - Police Support Services Technician 115044 12 3374 3531 3695 3870 4052 - Principal Account Clerk 130004 12 3521 3687 3861 4039 4231 - Procurement Specialist 140002 12 4508 4723 4946 5181 5430 - Program Compliance Officer 640026 12 3854 4044 4241 4448 4665 - Programmer/Analyst I 1250204 124 4249 4447 4658 4882 5113 - Programmer/Analyst II 1250214 124 5375 5629 5898 6180 6480 - Programmer/Analyst III 125022 12 5933 6217 6517 6829 7160 - Programmer/Analyst IV 125023 12 6484 6800 7129 7469 7829 - Property & Evidence Technician 145010 12 3762 3938 4123 4319 4521 - Radio Dispatcher 120015 12 3312 3461 3605 3764 3919 - Rangemaster/Armorer 410035 12 4570 4787 5014 5256 5505 - Real Estate Finance Specialist I 1700014 124 3777 3954 4134 4331 4536 - Real Estate Finance Specialist II 1700024 124 4365 4572 4790 5016 5254 - SEE APPENDIX FOR FOOTNOTES Page 3.5 EXHIBIT 3 Unit 3 – Non-Supervisory White Collar (FCEA) CLASS TITLE JOB CODE PROB PER A B C D E F Recreation Specialist 520005 12 3645 3813 3993 4181 4377 - Retirement Counselor I 1350504 124 3588 3757 3934 4118 4312 - Retirement Counselor II 1350514 124 3945 4129 4323 4527 4742 - Safety and Training Specialist 150050 12 4212 4417 4635 4861 5099 - Secretary 110050 12 3316 3470 3631 3799 3979 - Senior Account Clerk 130003 12 3220 3366 3521 3687 3861 - Senior Administrative Clerk 110003 12 3028 3169 3316 3470 3631 - Senior Call Center Representative 115072 12 3708 3886 4074 4272 4480 - Senior Commercial Building Inspector 230016 12 5645 5917 6196 6495 6809 - Senior Community Revitalization Specialist 230054 12 5437 5692 5958 6246 6549 - Senior Community Services Officer 410027 12 3674 3845 4026 4212 4413 - Senior Crime Scene Technician 410012 12 4570 4787 5014 5256 5505 - Senior Customer Services Clerk 115062 12 3681 3847 4026 4215 4413 - Senior Deputy City Clerk 115029* 12 3589 3755 3932 4116 4312 - Senior Engineering Technician 210007 12 4827 5054 5292 5547 5802 - Senior Fire Prevention Inspector 420003 12 5437 5692 5958 6246 6549 - Senior Laboratory Technician 620013 12 4806 5037 5276 5527 5791 - Senior Network Systems Specialist 125031 12 6646 6969 7307 7655 8025 - Senior Plans Examiner 210042 12 5727 5996 6276 6579 6899 - Senior Procurement Specialist 140003 12 4946 5181 5430 5689 5959 - Senior Property & Evidence Technician 145011 12 4123 4319 4521 4733 4960 - Senior Records Clerk 110101 12 3169 3316 3470 3631 3799 - Senior Secretary 110051 12 3589 3755 3932 4116 4312 - 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. In those cases in which an employee is hired at the journey level, twelve months of satisfactory service is required. SEE APPENDIX FOR FOOTNOTES Page 3.6 EXHIBIT 3 Unit 3 – Non-Supervisory White Collar (FCEA) CLASS TITLE JOB CODE PROB PER A B C D E F Senior Storeskeeper 145002 12 3762 3938 4123 4319 4521 - Senior Utility Service Representative 230092 12 3943 4128 4323 4525 4742 - Senior Water Systems Telemetry & Distributed Control Specialist 610022 12 6646 6969 7251 7655 8025 - Staff Assistant 150001 12 3564 3731 3908 4084 4276 - Storeskeeper 145001 12 3562 3729 3902 4084 4277 - Survey Party Technician 210030 12 4279 4487 4694 4912 5148 - Tax/Permit Inspector 135001 12 4218 4417 4618 4845 5075 - Traffic Signal Operations Specialist 710150 12 6045 6334 6640 6957 7295 - Transit Scheduler 320049 12 6045 6334 6640 6957 7295 - Tree Program Specialist 510015 12 4459 4670 4895 5127 5369 - Utility Service Representative I 2300904 124 3269 3419 3577 3745 3919 - Utility Service Representative II 2300914 124 3588 3757 3932 4117 4311 - Wastewater Reclamation Coordinator 620035 12 4659 4884 5116 5357 5616 - Water Conservation Representative 610001 12 3373 3531 3695 3869 4051 - Water Systems Telemetry & Distributed Control Specialist 610021 12 5502 5762 6039 6327 6632 - 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. In those cases in which an employee is hired at the journey level, twelve months of satisfactory service is required. SEE APPENDIX FOR FOOTNOTES Page 4.1 EXHIBIT 4 Unit 4 - Non-Management Police (FPOA) CLASS TITLE JOB CODE PROB PER A B C D E F G Police Officer Recruit 415001 12 4707 4942 – – – – – Police Officer 4150026 126 5438 5710 5996 6296 6611 6943 7290 Police Sergeant 415004 12 6554 6882 7227 7589 7969 8368 8787 6 A person promoting from Police Officer Recruit to Police Officer after one year of service must serve a probationary period of six months in the Police Officer class. A person who is hired as a Police Officer – Lateral (from another agency) must serve a probationary period of one year in the Police Officer class. SEE APPENDIX FOR FOOTNOTES Page 5.1 EXHIBIT 5 Unit 5 – Fire Non-Management (IAFF) CLASS TITLE JOB CODE PROB PER A B C D E F Firefighter Trainee 425001 -- 4932 Firefighter 425002 12 5480 5753 6042 6343 6681 6998 Firefighter Specialist 425003 12 6137 6443 6768 7103 7460 7833 Fire Captain 425004 12 6850 7193 7552 7931 8329 8746 Fire Investigation Unit Supervisor 425010 12 6850 7193 7552 7931 8329 8746 EXHIBIT 5 Unit 5 – Fire Non-Management (IAFF), effective December 23, 2019 CLASS TITLE JOB CODE PROB PER A B C D E F G Firefighter Trainee 425001 -- 4932 Firefighter 425002 12 5480 5753 6042 6343 6681 6998 7348 Firefighter Specialist 425003 12 6137 6443 6768 7103 7460 7833 8225 Fire Captain 425004 12 6850 7193 7552 7931 8329 8746 9184 Fire Investigation Unit Supervisor 425010 12 6850 7193 7552 7931 8329 8746 9184 SEE APPENDIX FOR FOOTNOTES Page 6.1 EXHIBIT 6 Unit 6 – Bus Drivers and Student Drivers (ATU) CLASS TITLE JOB CODE PROB PER A B C D E Bus Driver 320015 9 22.419231 23.544231 24.721154 25.955769 27.253846 Bus Driver 320015 9 3886 4081 4285 4499 4724 Student Driver 3200141 - 20.382692 Student Driver 3200141 - 3533 1 This is a training class in which incumbents do not achieve permanent status within the classified service, as defined in FMC Section 3-202 (p)(5). EXHIBIT 6 Unit 6 – Bus Drivers and Student Drivers (ATU), effective October 28, 2019 CLASS TITLE JOB CODE PROB PER A B C D E Bus Driver 320015 9 22.984615 24.138462 25.344231 26.607692 27.940385 Bus Driver 320015 9 3984 4184 4393 4612 4843 Student Driver 3200141 - 20.896154 Student Driver 3200141 - 3622 1 This is a training class in which incumbents do not achieve permanent status within the classified service, as defined in FMC Section 3-202 (p)(5). SEE APPENDIX FOR FOOTNOTES Page 7.1 EXHIBIT 7 Unit 7 – Non-Supervisory Groups and Crafts (IBEW) CLASS TITLE JOB CODE PROB PER RANGE SALARY Air Conditioning Mechanic 730001 12 Flat Rate 6495 Airports Electrician 730011 12 Flat Rate 5875 Concrete Finisher 730005 12 Flat Rate 5665 Electrician 730010 12 Flat Rate 5875 Industrial Electrician 730012 12 Flat Rate 6495 Painter 730015 12 Flat Rate 5161 Plumber 730030 12 Flat Rate 5875 EXHIBIT 7 Unit 7 – Non-Supervisory Groups and Crafts (IBEW), effective September 16, 2019 CLASS TITLE JOB CODE PROB PER RANGE SALARY Air Conditioning Mechanic 730001 12 Flat Rate 6658 Airports Electrician 730011 12 Flat Rate 6022 Concrete Finisher 730005 12 Flat Rate 5807 Electrician 730010 12 Flat Rate 6022 Industrial Electrician 730012 12 Flat Rate 6658 Painter 730015 12 Flat Rate 5291 Plumber 730030 12 Flat Rate 6022 SEE APPENDIX FOR FOOTNOTES Page 8.1 EXHIBIT 8 Unit 8 – Non-Represented CLASS TITLE JOB CODE PROB PER RANGE SALARY Background Investigator 940030 – Hourly $18.00 - $25.00 Per Hour Cashier Clerk 910010 – Flat Rate $12.00 Per Hour Law Clerk 910015 - Hourly $20.00 - $25.00 Per Hour Law Enforcement Instructor 940020 – Hourly $18.00 - $25.00 Per Hour Lifeguard 950001 – Hourly $12.00 - $12.50 Per Hour Police Cadet I 9400059 48 mos. Hourly $12.00 - $14.48 Per Hour Police Cadet II 9400069 48 mos. Hourly $14.49 - $18.00 Per Hour Pool Supervisor 950015 – Hourly $13.50 - $22.00 Per Hour Senior Lifeguard 950002 – Hourly $12.50 - $14.00 Per Hour Services Aide 910005 – Hourly $12.00 - $15.00 Per Hour Sports Official 950010 – $12.00 - $50.00 Per Game Intern 910002 – Hourly $12.00 - $15.00 Per Hour 9 The classifications of Police Cadet I and II have a 48-month tenure limitation in the Police Cadet program pursuant to FMC 3-266(d). EXHIBIT 8 Unit 8 – Non-Represented, effective January 1, 2020 CLASS TITLE JOB CODE PROB PER RANGE SALARY Background Investigator 940030 – Hourly $18.00 - $25.00 Per Hour Cashier Clerk 910010 – Flat Rate $13.00 Per Hour Law Clerk 910015 - Hourly $20.00 - $25.00 Per Hour Law Enforcement Instructor 940020 – Hourly $18.00 - $25.00 Per Hour Lifeguard 950001 – Hourly $13.00 - $13.50 Per Hour Police Cadet I 9400059 48 mos. Hourly $13.00 - $15.48 Per Hour Police Cadet II 9400069 48 mos. Hourly $15.49 - $19.00 Per Hour Pool Supervisor 950015 – Hourly $14.50 - $25.00 Per Hour Senior Lifeguard 950002 – Hourly $13.50 - $15.00 Per Hour Services Aide 910005 – Hourly $13.00 - $16.00 Per Hour Sports Official 950010 – $13.00 - $50.00 Per Game Intern 910002 – Hourly $13.00 - $16.00 Per Hour 9 The classifications of Police Cadet I and II have a 48-month tenure limitation in the Police Cadet program pursuant to FMC 3-266(d). SEE APPENDIX FOR FOOTNOTES Page 9.1 EXHIBIT 9 Unit 9 – Police Management CLASS TITLE JOB CODE PROB PER RANGE A B C D E F G Deputy Police Chief 415007e -- E9 10634 - 13825 Police Captain 415006e 12 9334 9802 10292 10807 11349 11917 12513 Police Lieutenant 415005e 12 8107 8512 8939 9386 9856 10349 10867 e Exempt class, see Section 4. SEE APPENDIX FOR FOOTNOTES Page 10.1 EXHIBIT 10 Unit 10 – Fire Management CLASS TITLE JOB CODE PROB PER A B C D E F Fire Battalion Chief 425005e 12 8750 9190 9647 10128 10635 11166 Fire Deputy Chief 425006e -- 11094 11649 12233 12845 13487 14164 e Exempt class, see Section 4. EXHIBIT 10 Unit 10 – Fire Management, effective September 30, 2019 CLASS TITLE JOB CODE PROB PER A B C D E F G Fire Battalion Chief 425005e 12 8750 9190 9647 10128 10635 11166 11725 Fire Deputy Chief 425006e -- 11094 11649 12233 12845 13487 14164 14873 e Exempt class, see Section 4. SEE APPENDIX FOR FOOTNOTES Page 11.1 EXHIBIT 11 Unit 11 – Airport Public Safety Officers CLASS TITLE JOB CODE PROB PER A B C D E Airport Public Safety Officer 310002 12 5,261 5,521 5,783 6,069 6,369 EXHIBIT 11 Unit 11 – Airport Public Safety Officers, effective September 2, 2019 CLASS TITLE JOB CODE PROB PER A B C D E Airport Public Safety Officer 310002 12 5419 5687 5957 6252 6561 SEE APPENDIX FOR FOOTNOTES Page 12.1 EXHIBIT 12 Unit 12 – Board and Commission Members CLASS TITLE JOB CODE RANGE SALARY Civil Service Board Member 156015 Stipend $25 Per Meeting Attended Housing and Community Development Commissioner 156005 Stipend $25 Per Meeting Attended, not to exceed 24 meetings per fiscal year Human Relations Commissioner 156025 Stipend $25 Per Meeting Attended, not to exceed 24 meetings per fiscal year Planning Commissioner 156001 Stipend $100 Per Meeting Attended, not to exceed 36 meetings per fiscal year Retirement Board Member8 156030 Stipend $100 Per Meeting Attended, not to exceed $300 per month 8 Not applicable for current City employees. SEE APPENDIX FOR FOOTNOTES Page 13-1.5 e Exempt class, see Section 4. EXHIBIT 13-1 Unit 13 – Exempt Supervisory and Professional (CFPEA) CLASS TITLE JOB CODE PROB PER A B C D E Acoustical Program Coordinator 310100e 12 5473 5742 6020 6319 6626 Airports Airside/Landside Superintendent 310018e 12 6326 6636 6963 7304 7663 Airports Projects Supervisor 310016e 12 6649 6975 7318 7677 8057 Airports Property Supervisor 175005e 12 5757 6038 6331 6644 6964 Architect 210045e 12 5846 6132 6433 6750 7081 Business Process & Systems Analyst 125044e 12 6187 6487 6806 7138 7489 Call Center Supervisor 115073e 12 4253 4460 4676 4902 5141 Capital Development Specialist 310007e 12 6035 6334 6647 6971 7313 Chief Engineering Inspector 230078e 12 6320 6628 6955 7297 7654 Chief Engineering Technician 210009e 12 7299 7657 8034 8431 8845 Chief of Facilities Maintenance 810037e 12 6363 6677 7004 7349 7710 Chief of Wastewater Environmental Services 620075e 12 6089 6389 6702 7031 7376 Chief of Wastewater Facilities Maintenance 620085e 12 6363 6677 7004 7349 7710 Chief of Wastewater Treatment Operations 620080e 12 6434 6755 7086 7434 7799 Chief of Water Operations 610070e 12 6539 6859 7199 7553 7923 Chief Police Pilot 410031e 12 7188 7541 7915 8304 8716 Chief Surveyor 210032e 12 8390 8802 9238 9692 10173 Community Recreation Supervisor I 520015e 12 4512 4735 4965 5209 5461 Community Recreation Supervisor II 520016e 12 4866 5104 5356 5621 5893 Contract Compliance Officer 150061e 12 5757 6038 6331 6644 6964 Custodial Supervisor 810025e 12 5757 6038 6331 6644 6964 Database Administrator 125045e 12 6187 6487 6806 7138 7489 DBE/Small Business Coordinator 150070e 12 5335 5593 5868 6155 6460 SEE APPENDIX FOR FOOTNOTES Page 13-1.6 e Exempt class, see Section 4. 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. In those cases in which an employee is hired at the journey level, twelve months of satisfactory service is required. EXHIBIT 13-1 Unit 13 – Exempt Supervisory and Professional (CFPEA) CLASS TITLE JOB CODE PROB PER A B C D E Emergency Services Communications Supervisor 410004e 12 5085 5334 5593 5868 6154 Energy Efficiency Supervisor 230058e 12 5104 5355 5616 5893 6182 Equipment Supervisor 720031e 12 6260 6565 6887 7226 7582 Fire Prevention Engineer 210055e 12 6332 6642 6969 7311 7673 Fleet Administration Supervisor 720025e 12 5757 6038 6331 6644 6964 Forestry Supervisor I 510030e 12 4657 4887 5124 5376 5637 Forestry Supervisor II 510031e 12 4866 5104 5356 5621 5893 Grant Writer 150105e 12 4580 4805 5039 5285 5542 Historic Preservation Specialist 230066e 12 5859 6149 6453 6767 7100 Housing Program Supervisor 230055e 12 6221 6533 6859 7201 7563 Human Resources Analyst 150016e 12 4777 5010 5253 5511 5782 Human Resources Records Supervisor 115050e 12 4639 4867 5106 5352 5618 Information Services Supervisor 125032e 12 6692 7021 7365 7727 8111 Landscape Maintenance Superintendent 510027e 12 7170 7524 7892 8280 8686 Lead Risk Analyst 150008e 12 5245 5506 5782 6072 6375 Management Analyst I 150020e4 124 3475 3644 3822 4007 4205 Management Analyst II 150021e4 124 4580 4805 5039 5285 5542 Parking Supervisor 720035e 12 3515 3682 3860 4048 4427 Parks Supervisor I 510025e 12 4657 4887 5124 5376 5637 Parks Supervisor II 510026e 12 5645 5921 6213 6521 6836 Planner III 220007e 12 5320 5581 5852 6141 6444 Principal Accountant 130014e 12 5928 6218 6525 6844 7180 Procurement Supervisor 140004e 12 5656 5939 6236 6548 6876 SEE APPENDIX FOR FOOTNOTES Page 13-1.7 e Exempt class, see Section 4. EXHIBIT 13-1 Unit 13 – Exempt Supervisory and Professional (CFPEA) CLASS TITLE JOB CODE PROB PER A B C D E Professional Engineer 210100e 12 7299 7657 8034 8431 8845 Project Manager 150065e 12 6035 6334 6647 6971 7313 Records Supervisor 115045e 12 4639 4867 5106 5352 5618 Recycling Coordinator 640001e 12 4804 5038 5283 5540 5813 Revenue Supervisor 135025e 12 4253 4460 4676 4902 5141 Risk Analyst 150010e 12 4777 5010 5253 5511 5782 Sanitation Supervisor 640029e 12 5757 6038 6331 6644 6964 Senior Accountant-Auditor 130013e 12 4960 5201 5457 5724 6002 Senior Building Inspector 230034e 12 5912 6204 6507 6828 7166 Senior Database Administrator 125046e 12 6686 7005 7342 7693 8076 Senior Electrical Safety Consultant 230024e 12 5912 6204 6507 6828 7166 Senior Engineering Inspector 230077e 12 5738 6022 6316 6627 6955 Senior Environmental & Safety Consultant 230005e 12 5912 6204 6507 6828 7166 Senior Plumbing & Mechanical Consultant 230014e 12 5912 6204 6507 6828 7166 Senior Real Estate Agent 170012e 12 5757 6038 6331 6644 6964 Senior Retirement Counselor 135052e 12 4732 4970 5218 5478 5753 Street Maintenance Superintendent 720004e 12 7170 7524 7892 8280 8686 Street Maintenance Supervisor 720001e 12 6326 6636 6963 7304 7663 Supervising Airports Building Maintenance Technician 310014e 12 5757 6038 6331 6644 6964 Supervising Airports Operations Officer 310013e 12 5757 6038 6331 6644 6964 Supervising Commercial Building Inspector 230036e 12 5912 6204 6507 6828 7166 Supervising Engineering Technician 210008e 12 6153 6459 6775 7109 7458 Supervising Fire Prevention Inspector 420005e 12 5897 6186 6491 6811 7146 Supervising Planner 220008e 12 5883 6171 6472 6790 7122 SEE APPENDIX FOR FOOTNOTES Page 13-1.8 e Exempt class, see Section 4. EXHIBIT 13-1 Unit 13 – Exempt Supervisory and Professional (CFPEA) CLASS TITLE JOB CODE PROB PER A B C D E Supervising Plans Examiner 210044e 12 6826 7164 7518 7884 8272 Supervising Professional Engineer 210110e 12 8390 8802 9238 9692 10173 Supervising Real Estate Agent 170013e 12 6326 6636 6963 7304 7663 Supervising Traffic Signal Operations Specialist 720050e 12 6558 6879 7220 7575 7946 Survey Party Chief 210031e 12 5124 5373 5636 5910 6203 Systems Security Administrator 125050e 12 5612 5883 6174 6473 6792 Transit Supervisor I 320050e 12 5561 5833 6115 6416 6729 Transit Supervisor II 320051e 12 6217 6519 6839 7176 7529 Treasury Officer 135015e 12 5928 6218 6525 6844 7180 Wastewater Environmental Supervisor 620073e 12 6739 7067 7416 7782 8163 Wastewater Operations Supervisor 620072e 12 6739 7067 7416 7782 8163 Wastewater System Supervisor 620071e 12 6739 7067 7416 7782 8163 Water Conservation Supervisor 610045e 12 5955 6247 6553 6877 7213 Water System Supervisor 610055e 12 6739 7067 7416 7782 8163 SEE APPENDIX FOR FOOTNOTES Page 13-2.1 e Exempt class, see Section 4. EXHIBIT 13-1 Unit 13 – Exempt Supervisory and Professional (CFPEA), effective July 22, 2019 CLASS TITLE JOB CODE PROB PER A B C D E Acoustical Program Coordinator 310100e 12 5610 5886 6171 6477 6792 Airports Airside/Landside Superintendent 310018e 12 6485 6802 7138 7487 7855 Airports Projects Supervisor 310016e 12 6816 7150 7501 7869 8259 Airports Property Supervisor 175005e 12 5901 6189 6490 6811 7139 Architect 210045e 12 5993 6286 6594 6919 7259 Business Process & Systems Analyst 125044e 12 6342 6650 6977 7317 7677 Call Center Supervisor 115073e 12 4360 4572 4793 5025 5270 Capital Development Specialist 310007e 12 6186 6493 6814 7146 7496 Chief Engineering Inspector 230078e 12 6478 6794 7129 7480 7846 Chief Engineering Technician 210009e 12 7482 7849 8235 8642 9067 Chief of Facilities Maintenance 810037e 12 6523 6844 7180 7533 7903 Chief of Wastewater Environmental Services 620075e 12 6242 6549 6870 7207 7561 Chief of Wastewater Facilities Maintenance 620085e 12 6523 6844 7180 7533 7903 Chief of Wastewater Treatment Operations 620080e 12 6595 6924 7264 7620 7994 Chief of Water Operations 610070e 12 6703 7031 7379 7742 8122 Chief Police Pilot 410031e 12 7368 7730 8113 8512 8934 Chief Surveyor 210032e 12 8600 9023 9469 9935 10428 Community Recreation Supervisor I 520015e 12 4625 4854 5090 5340 5598 Community Recreation Supervisor II 520016e 12 4988 5232 5490 5762 6041 Contract Compliance Officer 150061e 12 5901 6189 6490 6811 7139 Custodial Supervisor 810025e 12 5901 6189 6490 6811 7139 Database Administrator 125045e 12 6342 6650 6977 7317 7677 DBE/Small Business Coordinator 150070e 12 5469 5733 6015 6309 6622 SEE APPENDIX FOR FOOTNOTES Page 13-2.1 e Exempt class, see Section 4. 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. In those cases in which an employee is hired at the journey level, twelve months of satisfactory service is required. EXHIBIT 13-1 Unit 13 – Exempt Supervisory and Professional (CFPEA), effective July 22, 2019 CLASS TITLE JOB CODE PROB PER A B C D E Emergency Services Communications Supervisor 410004e 12 5213 5468 5733 6015 6308 Energy Efficiency Supervisor 230058e 12 5232 5489 5757 6041 6337 Equipment Supervisor 720031e 12 6417 6730 7060 7407 7772 Fire Prevention Engineer 210055e 12 6491 6809 7144 7494 7865 Fleet Administration Supervisor 720025e 12 5901 6189 6490 6811 7139 Forestry Supervisor I 510030e 12 4774 5010 5253 5511 5778 Forestry Supervisor II 510031e 12 4988 5232 5490 5762 6041 Grant Writer 150105e 12 4695 4926 5165 5418 5681 Historic Preservation Specialist 230066e 12 6006 6303 6615 6937 7278 Housing Program Supervisor 230055e 12 6377 6697 7031 7382 7753 Human Resources Analyst 150016e 12 4897 5136 5385 5649 5927 Human Resources Records Supervisor 115050e 12 4755 4989 5234 5486 5759 Information Services Supervisor 125032e 12 6860 7197 7550 7921 8314 Landscape Maintenance Superintendent 510027e 12 7350 7713 8090 8487 8904 Lead Risk Analyst 150008e 12 5377 5644 5927 6224 6535 Management Analyst I 150020e4 124 3562 3736 3918 4108 4311 Management Analyst II 150021e4 124 4695 4926 5165 5418 5681 Parking Supervisor 720035e 12 3603 3775 3957 4150 4538 Parks Supervisor I 510025e 12 4774 5010 5253 5511 5778 Parks Supervisor II 510026e 12 5787 6070 6369 6685 7007 Planner III 220007e 12 5453 5721 5999 6295 6606 Principal Accountant 130014e 12 6077 6374 6689 7016 7360 Procurement Supervisor 140004e 12 5798 6088 6392 6712 7048 SEE APPENDIX FOR FOOTNOTES Page 13-2.1 e Exempt class, see Section 4. EXHIBIT 13-1 Unit 13 – Exempt Supervisory and Professional (CFPEA), effective July 22, 2019 CLASS TITLE JOB CODE PROB PER A B C D E Professional Engineer 210100e 12 7482 7849 8235 8642 9067 Project Manager 150065e 12 6186 6493 6814 7146 7496 Records Supervisor 115045e 12 4755 4989 5234 5486 5759 Recycling Coordinator 640001e 12 4925 5164 5416 5679 5959 Revenue Supervisor 135025e 12 4360 4572 4793 5025 5270 Risk Analyst 150010e 12 4897 5136 5385 5649 5927 Sanitation Supervisor 640029e 12 5901 6189 6490 6811 7139 Senior Accountant-Auditor 130013e 12 5084 5332 5594 5868 6153 Senior Building Inspector 230034e 12 6060 6360 6670 6999 7346 Senior Database Administrator 125046e 12 6854 7181 7526 7886 8278 Senior Electrical Safety Consultant 230024e 12 6060 6360 6670 6999 7346 Senior Engineering Inspector 230077e 12 5882 6173 6474 6793 7129 Senior Environmental & Safety Consultant 230005e 12 6060 6360 6670 6999 7346 Senior Plumbing & Mechanical Consultant 230014e 12 6060 6360 6670 6999 7346 Senior Real Estate Agent 170012e 12 5901 6189 6490 6811 7139 Senior Retirement Counselor 135052e 12 4851 5095 5349 5615 5897 Street Maintenance Superintendent 720004e 12 7350 7713 8090 8487 8904 Street Maintenance Supervisor 720001e 12 6485 6802 7138 7487 7855 Supervising Airports Building Maintenance Technician 310014e 12 5901 6189 6490 6811 7139 Supervising Airports Operations Officer 310013e 12 5901 6189 6490 6811 7139 Supervising Commercial Building Inspector 230036e 12 6060 6360 6670 6999 7346 Supervising Engineering Technician 210008e 12 6307 6621 6945 7287 7645 Supervising Fire Prevention Inspector 420005e 12 6045 6341 6654 6982 7325 Supervising Planner 220008e 12 6031 6326 6634 6960 7301 SEE APPENDIX FOR FOOTNOTES Page 13-2.1 e Exempt class, see Section 4. EXHIBIT 13-1 Unit 13 – Exempt Supervisory and Professional (CFPEA), effective July 22, 2019 CLASS TITLE JOB CODE PROB PER A B C D E Supervising Plans Examiner 210044e 12 6997 7344 7706 8082 8479 Supervising Professional Engineer 210110e 12 8600 9023 9469 9935 10428 Supervising Real Estate Agent 170013e 12 6485 6802 7138 7487 7855 Supervising Traffic Signal Operations Specialist 720050e 12 6722 7051 7401 7765 8145 Survey Party Chief 210031e 12 5253 5508 5777 6058 6359 Systems Security Administrator 125050e 12 5753 6031 6329 6635 6962 Transit Supervisor I 320050e 12 5701 5979 6268 6577 6898 Transit Supervisor II 320051e 12 6373 6682 7010 7356 7718 Treasury Officer 135015e 12 6077 6374 6689 7016 7360 Wastewater Environmental Supervisor 620073e 12 6908 7244 7602 7977 8368 Wastewater Operations Supervisor 620072e 12 6908 7244 7602 7977 8368 Wastewater System Supervisor 620071e 12 6908 7244 7602 7977 8368 Water Conservation Supervisor 610045e 12 6104 6404 6717 7049 7394 Water System Supervisor 610055e 12 6908 7244 7602 7977 8368 SEE APPENDIX FOR FOOTNOTES Page 13-2.2 EXHIBIT 13-2 Unit 13 – Non-Exempt Professional (CFPEA) CLASS TITLE JOB CODE PROB PER A B C D E Legal Secretary I 115015 12 3179 3332 3492 3660 3838 Legal Secretary II 115016 12 3584 3758 3938 4129 4329 Paralegal 160001 12 4706 4935 5175 5429 5696 Senior Human Resources Technician 150014 12 3479 3645 3819 4005 4200 Senior Legal Secretary 115017 12 4124 4330 4547 4774 5013 Senior Paralegal 160002 12 5167 5425 5696 5981 6281 Supervising Crime Scene Technician 410013 12 4883 5121 5370 5634 5908 EXHIBIT 13-2 Unit 13 – Non-Exempt Professional (CFPEA), effective July 22, 2019 CLASS TITLE JOB CODE PROB PER A B C D E Legal Secretary I 115015 12 3259 3416 3580 3752 3934 Legal Secretary II 115016 12 3674 3852 4037 4233 4438 Paralegal 160001 12 4824 5059 5305 5565 5839 Senior Human Resources Technician 150014 12 3566 3737 3915 4106 4305 Senior Legal Secretary 115017 12 4228 4439 4661 4894 5139 Senior Paralegal 160002 12 5297 5561 5839 6131 6439 Supervising Crime Scene Technician 410013 12 5006 5250 5505 5775 6056 SEE APPENDIX FOR FOOTNOTES Page 14.1 e Exempt class, see Section 4. EXHIBIT 14 Unit 14 – Management Classes (CFMEA) CLASS TITLE JOB CODE PROB PER RANGE A B C D E ADA Coordinator 150231e - E14 6143 7671 Administrative Manager 220025e – E11 8096 - 10111 Airports Marketing & Public Relations Coordinator 310150e – E14 6143 - 7671 Airports Operations Manager 310020e – E12 7361 - 9192 Airports Planning Manager 310019e – E11 8096 - 10111 Airports Properties Manager 310021e – E12 7361 - 9192 Airports Safety Management Systems Manager 310161e - E12 7361 - 9192 Assistant City Clerk 115030e – E14 6143 - 7671 Building Services Manager 230031e – E18 9593 - 11991 Business Manager 150019e – E12 7361 - 9192 Communications Manager 125060e – E11 8096 - 10111 Community Sanitation Manager 720040e – E14 6143 - 7671 Construction Manager 210096e – E12 7361 - 9192 Crime Scene Investigation Bureau Manager 410015e – E12 7361 - 9192 Deputy City Engineer 210081e – E18 9593 - 11991 Division Manager 150024e – E12 7361 - 9192 Economic Development Analyst 150095e – E14 6143 - 7671 Facilities Manager 810040e – E12 7361 - 9192 Fleet Manager 720032e – E12 7361 - 9192 Housing & Neighborhood Revitalization Manager 230065e – E11 8096 - 10111 Information Services Manager 125055e – E11 8096 - 10111 Law Office Manager 115020e _ E12 7361 - 9192 Parks Manager 510035e – E12 7361 - 9192 Personnel Manager 150026e – E12 7361 - 9192 Planning Manager 220010e – E11 8096 - 10111 Projects Administrator 150063e – E11 8096 - 10111 Public Works/Public Utilities Manager 210095e – E11 8096 - 10111 SEE APPENDIX FOR FOOTNOTES Page 14.2 EXHIBIT 14 Unit 14 – Management Classes (CFMEA) CLASS TITLE JOB CODE PROB PER RANGE A B C D E Public Works/Public Utilities Manager – Licensed Engineer 210094e - E13 9359 - 11698 Purchasing Manager 140005e – E12 7361 - 9192 Records Manager 115046e – E12 7361 - 9192 Recreation Manager 520025e – E12 7361 - 9192 Revenue Manager 135026e – E12 7361 - 9192 Senior Management Analyst 150023e – E14 6143 - 7671 Solid Waste Manager 640040e – E12 7361 - 9192 Training Officer 150046e – E14 6143 - 7671 Transit Maintenance Manager 320060e – E12 7361 - 9192 Transit Operations Manager 320055e – E12 7361 - 9192 Wastewater Manager 620095e – E12 7361 - 9192 Water Manager 610075e – E12 7361 - 9192 Water/Wastewater Manager- Certified 620096e – E23 8456 - 10570 e Exempt class, see Section 4. SEE APPENDIX FOR FOOTNOTES Page 15.1 EXHIBIT 15 Unit 15 – Airport Public Safety Supervisors (FAPSS) CLASS TITLE JOB CODE PROB PER A B C D E Airport Public Safety Supervisor* 310003 12 6816 7156 7514 7890 8285 Airport Public Safety Supervisor** 310005 12 5958 6254 6568 6896 7239 * Hired before July 1, 2010 ** Hired after July 1, 2010 Page 16.1 EXHIBIT 16 Benchmarked Deleted Job Classifications or Deleted Pay Step, since 1/28/16 Classification Title Deleted Benchmarked To Percent Effective Assistant Chief of Wastewater Treatment Operations (620079) 7/1/18 Wastewater Operations Supervisor (620072) 100% 7/1/18 Buyer I (140001) 1/28/16 Procurement Specialist (140002) 90% 1/28/16 Chief of Solid Waste Operations (640035) 7/1/18 Landscape Maintenance Superintendent (510027) 100% 7/1/18 City Traffic Engineer (210076) 7/1/18 Construction Manager (210096) 100% 7/1/18 Collection System Maintenance Operator I (630003) 5/29/17 Collection System Maintenance Technician (630001) 90% 5/29/17 Collection System Maintenance Supervisor (630005) 7/1/18 Wastewater Operations Supervisor (620072) 100% 7/1/18 Community Sanitation Supervisor I (720042) 7/1/18 Sanitation Supervisor (640029) 100% 7/1/18 Emergency Preparedness Officer (420020) 7/1/18 Management Analyst II (150021) 100% 7/1/18 Industrial Electrician Supervisor (720020) 7/1/18 Wastewater System Supervisor (620071) 100% 7/1/18 Labor Relations Secretary (115010) 7/1/18 Executive Assistant to Department Director (115003) 100% 7/1/18 Laboratory Supervisor (620014) 7/1/18 Wastewater Environmental Supervisor (620073) 100% 7/1/18 Management Analyst III (150022) 7/1/18 Business Manager (150019) 100% 7/1/18 Police Specialist (415003) 7/1/19 Police Officer (415002) 100% 7/1/19 Plans Examiner I (210040) 10/3/16 Plans Examiner (210041) 84.61% 10/3/16 Power Generation System Supervisor (620056) 7/1/18 Wastewater System Supervisor (620071) 100% 7/1/18 Risk/Safety Manager (150035) 7/1/18 Human Resources Manager (150025) 100% 7/1/18 Page 16.2 EXHIBIT 16 Benchmarked Deleted Job Classifications or Deleted Pay Step, since 1/28/16 Classification Title Deleted Benchmarked To Percent Effective Redevelopment Administrator (150080) 7/1/18 Assistant Director of Personnel Services (150043) 100% 7/1/18 Sewer Maintenance Manager (630010) 7/1/18 Wastewater Manager (620095) 100% 7/1/18 Solid Waste System Supervisor (640030) 7/1/18 Sanitation Supervisor (640029) 100% 7/1/18 Supervising Environmental Control Officer (620005) 7/1/18 Wastewater Environmental Supervisor (620073) 100% 7/1/18 Transit Maintenance Manager (320060) 7/1/18 Transit Operations Manager (320055) 100% 7/1/18 Waste Collector II (640020) 9/5/16 Sanitation Operator (640021) 84.19% 9/5/16 Waste Container Maintenance Worker (640011) 9/5/16 Waste Container Maintenance Worker (640010) 117.65% 9/5/16 Wastewater Lead Distributor (620051) 9/5/16 Wastewater Distributor Technician (620050) 118.92% 9/5/16 Wastewater Treatment Maintenance Supervisor (620070) 7/1/18 Wastewater System Supervisor (620071) 100% 7/1/18 Water System Operator I (610025) 7/1/18 Water Distribution/Production Technician (610028) 100% 7/1/18 Water System Operator II (610026) 7/1/18 Water Distribution/Production Specialist (610029) 100% 7/1/18 Water System Operator III (610027) 7/1/18 Senior Water Treatment Plant Operator (610039) 90.79% 7/1/18 Bus Driver – F Step (320015) 1/1/17 Bus Driver – E Step (320015) 100% 1/1/17 Community Revitalization Specialist – F Step (230053) 10/3/16 Community Revitalization Specialist – E Step (230053) 100% 10/3/16 APPENDIX TO SALARY RESOLUTION 1 This is a training class in which incumbents do not achieve permanent status within the classified service, as defined in FMC Section 3-202 (p)(5). 2 This is an entry level class in which incumbents do not achieve permanent status within the classified service, as defined in FMC Section 3-202 (p)(5). 3 This class is in a flexibly-staffed series which allows an employee to “flex” to the journey level after six months of satisfactory service for a total probationary period of twelve months. In those cases in which an employee is hired at the journey level, twelve months of satisfactory service is required. 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. In those cases in which an employee is hired at the journey level, twelve months of satisfactory service is required. 5 This class is in a flexibly-staffed series. The probationary period for employees in these classes shall be up to 18 months, at the discretion of management. An employee in this series must serve a minimum one year probationary period. 6 A person promoting from Police Officer Recruit to Police Officer after one year of service must serve a probationary period of six months in the Police Officer class. A person who is hired as a Police Officer – Lateral (from another agency) must serve a probationary period of one year in the Police Officer class. 7 This class is in a flexibly-staffed series, which allows an employee to “flex” to the journey level after a required training period. 8 Not applicable to current City employees. 9 The classifications of Police Cadet I and II have a 48-month tenure limitation in the Police Cadet program pursuant to FMC 3-266(d). 10 Persons in this classification are limited to no more than two (2) consecutive years in this class. e Exempt class, see Section 4. * * * * * * * * * * * * * * STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) I, YVONNE SPENCE, 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 , 2019. AYES : NOES : ABSENT : ABSTAIN : Mayor Approval: , 2019 Mayor Approval/No Return: , 2019 Mayor Veto: , 2019 Council Override Vote: , 2019 YVONNE SPENCE, CRM MMC City Clerk BY: Deputy APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE BY: Tina R. Griffin, Assistant City Attorney FY2019 SALARY RESOLUTION TABLE OF CONTENTS SECTION 1. SPECIAL PROVISIONS APPLICABLE TO ALL CLASSES ................... 1 SECTION 2. SALARY STEP PLAN ............................................................................. 1 SECTION 3. RATES OF PAY ..................................................................................... 6 SECTION 4. EXEMPT JOB CLASSES ....................................................................... 7 SECTION 5. WAGES, OVERTIME, AND PAID SICK LEAVE FOR TEMPORARY EMPLOYEES ......................................................................................... 7 SECTION 6. FLEXIBLE STAFFING ............................................................................ 8 SECTION 7. ALTERNATE WORK SCHEDULE FOR EMPLOYEES IN EXHIBIT 2 .... 8 SECTION 8. MANAGEMENT LEAVE (formerly “Administrative Leave”) .................. 10 SECTION 9. SICK LEAVE USAGE AND COMPENSATION FOR EMPLOYEES IN EXHIBIT 2 ............................................................................................ 11 SECTION 10. ANNUAL LEAVE FOR EMPLOYEES IN EXHIBIT 2 ............................ 11 SECTION 11. HOLIDAYS FOR EMPLOYEES IN EXHIBIT 2 ..................................... 14 SECTION 12. SUPPLEMENTAL SICK LEAVE FOR EMPLOYEES IN EXHIBIT 2 ..... 15 SECTION 13. VACATION ACCRUALS FOR EMPLOYEES IN EXHIBIT 2 ................. 15 SECTION 14. MANAGEMENT TIME OFF FOR EMPLOYEES IN EXHIBIT 2 ............ 15 SECTION 15. SALARY RATES .................................................................................. 16 SECTION 16. CERTIFICATE PAY .............................................................................. 16 SECTION 17. BILINGUAL CERTIFICATION PROGRAM FOR EMPLOYEES OCCUPYING PERMANENT CLASSES ............................................... 17 SECTION 18. BENEFITS FOR FULL-TIME EMPLOYEES OCCUPYING PERMANENT POSITIONS IN EXHIBIT 2 ............................................ 18 SECTION 19. COMPENSATION FOR FULL-TIME EMPLOYEES OCCUPYING .......... 21 SECTION 20. BENEFITS FOR POLICE CADETS AND PERMANENT PART-TIME EMPLOYEES ....................................................................................... 23 SECTION 21. CONVERSION OF LEAVES WHEN CHANGING BARGAINING UNITS26 SECTION 22. SPECIAL PROVISIONS FOR EMPLOYEES ON LEAVE FOR MILITARY SERVICE ............................................................................ 28 SECTION 23. BEREAVEMENT LEAVE ...................................................................... 29 SECTION 24. LEAVE INTEGRATION WITH STATE DISABILITY INSURANCE (SDI) FOR NEW EMPLOYEES AND EMPLOYEES TRANSITIONING FROM A BARGAINING UNIT WITH SDI; LEAVE INTEGRATION WITH THE CITY’S LONG TERM DISABILITY INSURANCE PLAN ....................... 29 SECTION 25. SALARIES FOR EMPLOYEES IN EXHIBIT 2, EXHIBIT 8, AND PERMANENT PART-TIME EMPLOYEES WHILE ABSENT DUE TO INJURY IN THE LINE OF DUTY .......................................................... 31 SECTION 26. BENCHMARKING DELETED CLASSIFICATIONS .............................. 31 SECTION 27. TEMPORARY EMPLOYMENT OF CITY RETIREE ............................. 31 SECTION 28. UNUSUAL CIRCUMSTANCES ............................................................ 32 FY2019 SALARY RESOLUTION TABLE OF CONTENTS SECTION 29. CONFLICTING RESOLUTIONS........................................................... 32 SECTION 30. RESOLUTION EFFECTIVE DATE ....................................................... 32 SECTION 1. SPECIAL PROVISIONS APPLICABLE TO ALL CLASSES ................... 1 SECTION 2. SALARY STEP PLAN ............................................................................. 1 SECTION 3. RATES OF PAY ..................................................................................... 6 SECTION 4. EXEMPT JOB CLASSES ....................................................................... 6 SECTION 5. WAGES, OVERTIME, AND PAID SICK LEAVE FOR TEMPORARY EMPLOYEES ......................................................................................... 7 SECTION 6. FLEXIBLE STAFFING ............................................................................ 8 SECTION 7. ALTERNATE WORK SCHEDULE FOR EMPLOYEES IN EXHIBIT 2 .... 8 SECTION 8. MANAGEMENT LEAVE (formerly “Administrative Leave”) .................... 9 SECTION 9. SICK LEAVE USAGE AND COMPENSATION FOR EMPLOYEES IN EXHIBIT 2 ............................................................................................ 10 SECTION 10. ANNUAL LEAVE FOR EMPLOYEES IN EXHIBIT 2 ............................ 11 SECTION 11. HOLIDAYS FOR EMPLOYEES IN EXHIBIT 2 ..................................... 14 SECTION 12. SUPPLEMENTAL SICK LEAVE FOR EMPLOYEES IN EXHIBIT 2 ..... 14 SECTION 13. VACATION ACCRUALS FOR EMPLOYEES IN EXHIBIT 2 ................. 15 SECTION 14. MANAGEMENT TIME OFF FOR EMPLOYEES IN EXHIBIT 2 ............ 15 SECTION 15. SALARY RATES .................................................................................. 16 SECTION 16. CERTIFICATE PAY .............................................................................. 16 SECTION 17. BILINGUAL CERTIFICATION PROGRAM FOR EMPLOYEES OCCUPYING PERMANENT CLASSES ............................................... 16 SECTION 18. BENEFITS FOR FULL-TIME EMPLOYEES OCCUPYING PERMANENT POSITIONS IN EXHIBIT 2 ............................................ 17 SECTION 19. COMPENSATION FOR FULL-TIME EMPLOYEES OCCUPYING .......... 20 SECTION 20. BENEFITS FOR POLICE CADETS AND PERMANENT PART-TIME EMPLOYEES ....................................................................................... 23 SECTION 21. CONVERSION OF LEAVES WHEN CHANGING BARGAINING UNITS26 SECTION 22. SPECIAL PROVISIONS FOR EMPLOYEES ON LEAVE FOR MILITARY SERVICE ............................................................................ 27 SECTION 23. BEREAVEMENT LEAVE ...................................................................... 28 SECTION 24. SALARIES FOR EMPLOYEES IN EXHIBIT 2, EXHIBIT 8, AND PERMANENT PART-TIME EMPLOYEES WHILE ABSENT DUE TO INJURY IN THE LINE OF DUTY .......................................................... 28 SECTION 25. BENCHMARKING DELETED CLASSIFICATIONS .............................. 28 SECTION 26. UNUSUAL CIRCUMSTANCES ............................................................ 29 SECTION 27. CONFLICTING RESOLUTIONS........................................................... 29 SECTION 28. RESOLUTION EFFECTIVE DATE ....................................................... 29 RESOLUTION NO. __________ A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO ESTABLISHING RULES FOR THE APPLICATION OF CITY EMPLOYEE COMPENSATION RATES AND SCHEDULES AND RELATED REQUIREMENTS, AND ESTABLISHING COMPENSATION RATES AND SCHEDULES FOR FISCAL YEAR 202019 NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Fresno, as follows: SECTION 1. SPECIAL PROVISIONS APPLICABLE TO ALL CLASSES The rules set forth in this resolution constitute special provisions applicable to all classes of employment in the City service. If any provision(s) of a Memorandum of Understanding (hereafter “MOU”) or Terms and Conditions of employment (hereafter “T & C”) adopted and approved by the Council under Article 6, Chapter 3 of the Fresno Municipal Code (hereafter “FMC”) or employment agreement that is authorized and in compliance with Article V of the City of Fresno Transparency in Government Act and currently in effect, is clearly and specifically in conflict with any rule contained in this resolution, the provision in such MOU, T & C, or employment agreement shall prevail. SECTION 2. SALARY STEP PLAN The step plan of each salary range shall be applied and interpreted as follows for permanent and probationary employees appointed to permanent positions: A. The first step shall be the minimum rate and shall normally be the hiring rate for the class. In a case where it is difficult to secure a qualified person or if a person of unusual qualifications is engaged, the City Manager or designee, after receiving the recommendation of the Director of Personnel Services, may approve appointment above the first step. B. The second step shall be paid upon the completion of six (6) months of paid status at the first step. C. The third step shall be paid upon the completion of one (1) year of service at the second step. D. The fourth step shall be paid upon completion of one (1) year of service at the third step. E. The fifth step shall be paid upon completion of one (1) year of service at the fourth step. Resolution No. FY 2019 Salary Resolution Page 2 F. The sixth step shall be paid upon completion of one (1) year of service at the fifth step. F.G. The seventh step shall be paid upon completion of one (1) year of service at the sixth step. G.H. Employees who are reinstated in accordance with FMC Section 3-292, who were not at the top step prior to layoff or demotion, will be credited with paid time previously worked at the step at time of layoff or demotion. The next step increase date will be adjusted accordingly upon reinstatement. Any time missed due to mandatory furloughs shall count as paid time. H.I. Raises to the second, third, fourth, fifth, and sixth, and seventh steps shall be automatic unless an unsatisfactory performance evaluation is made by the appointing authority. Following an unsatisfactory performance evaluation, a raise may be delayed by the appointing authority for not more than six (6) months and more than six (6) months only with approval of the City Manager or designee. A raise to any step may be made at any time by the City Manager or designee on recommendation of the appointing authority and the Director of Personnel Services whenever an employee exhibits unusual merit. Six (6) months of service equals 1,040 hours of service, and one (1) year of service equals 2,080 hours of service, except where employees work a 56-hour workweek, six (6) months of service equals 1,456 hours of service, and one (1) year of services equals 2,912 hours of service. I.J. An employee who is selected to fill a reclassified position pursuant to FMC Section 3-209 (b), or who is promoted from one class to another having a higher salary range, shall be adjusted to the lowest step in the salary range of the new class, which is at least three and one-half percent (3.5%) higher than the rate received in the employee’s former class. If such an increase would require a payment greater than the highest step, then the highest step shall be paid. An employee in Exhibit 7 who is appointed to a position in a class having a salary range shall be promoted according to the foregoing provisions to the nearest step, but not exceeding the top step, in the new class range after adding five percent (5%) to the employee’s salary rate. J.K. When a class is assigned a new salary range, the salary of an employee in such class shall be adjusted to the same relative step in the new salary range, and such adjustment shall not alter the employee’s anniversary date for purposes of future step increases in the class. Resolution No. FY 2019 Salary Resolution Page 3 K.L. A permanent employee, assigned tofilling a position in a higher class on a limited or provisional temporary basis, and who is entitled to the rate of pay for such higher class, shall be paid in the same manner as provided for promotion in Section 2, subsection JH above. L.M. If an employee is receiving compensation above the highest step of the range, the employee’s present rate shall be continued as an approved additional step rate for the class (“Y-rated”), until the highest step is greater than the Y rate, but no other employee may be adjusted to this rate, and it shall no longer be in effect after the incumbent vacates the classification. M.N. Except as noted in Section 2, subsection HG above, step increases shall become effective immediately upon completion of required service. For purposes of this section, any employee who is absent without pay, excluding statutorily protected leave, such as leaves taken under the Family and Medical Leave Act (FMLA), the California Family Rights Act (CFRA), Pregnancy Disability Leave (PDL), and Military Leave, for the number of hours specified below while on any single step in a range shall not be considered to have been on paid status for the number of weeks shown, and advancement to the next step shall be delayed by such number of weeks: At least But less than Weeks delayed 1 hour 40 hours None 40 hours 120 hours 2 120 hours 200 hours 4 200 hours 280 hours 6 280 hours 360 hours 8 360 hours 440 hours 10 For purposes of this section, leave without pay, in reference to step advancement, shall be adjusted appropriately for 56-hour employees: At least But less than Weeks delayed 1 hour 56 hours None 56 hours 168 hours 2 168 hours 280 hours 4 Resolution No. FY 2019 Salary Resolution Page 4 280 hours 392 hours 6 The number of additional weeks by which advancement to the next step shall be delayed shall be calculated in the same manner as those respective formulas specified herein. Such delay shall cause a change in the employee’s anniversary date for purposes of future step increases in the class. N.O. Transfer to a different classification with the same salary range and in which no salary change occurs, shall result in a new anniversary date upon which advancement to the next step shall be calculated, or merit increase shall be considered. O.P. In lieu of a Salary Step Plan, an Executive Pay Range Plan has been established for classes as set forth in Exhibit 2. 1. For employees who separated from City service prior to July 1, 2015: a. The salary for each executive employee in the E1 through E23 executive pay ranges and the salary range for each class within such ranges shall be established by the City Manager or designee. The City Manager or designee shall promulgate such rules and regulations deemed appropriate in the implementation and administration of this subsection. For purposes of calculating retirement benefits for any employee in a class in the Executive Pay Range Plan who has left City service after five (5) years of service, but prior to attaining an age sufficient for service retirement, and who has elected to leave contributions in the retirement system, retirement benefits shall be calculated as follows: The employee’s salary at the time of separation from employment with the City shall be compared to the control point in existence at the time of separation for the class from which the employee is retiring. Retirement benefits (based on monthly salary only) shall be calculated using the same relationship the employee’s salary bore to the control point at the time of separation as it would bear to the control point at the time of retirement. As an example only, if an employee’s salary at the time of separation was five percent (5%) below the control point for the class, then the benefit at retirement would be based on that amount, which would be five percent Resolution No. FY 2019 Salary Resolution Page 5 (5%) below the control point for that class at the time of retirement, subject to the applicable provisions of the retirement system regarding years of service, compensation earnable, and so on. 2. For employees in Exhibit 2, who separate from City service on or after July 1, 2015: a. The salary for each executive employee in the E1 through E23 executive pay ranges and the salary range for each class within such ranges shall be established by the City Manager or designee. The City Manager or designee shall promulgate such rules and regulations deemed appropriate in the implementation and administration of Section 2, Subsection (PO)(2)(b) below. b. For purposes of calculating Compensation Earnable as defined in FMC 3-501, any employee in the City of Fresno Employees Retirement System (hereafter “System”) in a class in the Executive Pay Plan who separates from City service and elects to remain a member of the System shall have their Compensation Earnable calculated as follows: Beginning July 1 following the date the Deferred Vested Member separates from City service, the Member’s Compensation Earnable at the time of separation shall be indexed with the Consumer Price Index (hereafter “CPI”) – United States City Average for Urban Wage Earners and Clerical Workers -- all items (i.e. general price inflation) and the Employment Cost Index for Wage Inflation (i.e. across the board pay increases) for State and local government employees, as published by the Bureau of Labor Statistics of the United States Department of Labor. Determination of the percentage of annual increase or decrease in CPI and Employment Costs for wage inflation shall be made by the Retirement Board on or before April 1 of each year for each of the two immediately preceding calendar years. The percentage by which such indexes for the more recent full calendar year shall have increased or decreased over or below indexes for the full calendar year immediately prior shall be the percentage used to calculate adjustments to Compensation Earnable with the following exceptions: banking shall not be applied nor shall the sum of accumulated CPI and Employment Costs adjustments Resolution No. FY 2019 Salary Resolution Page 6 plus Compensation Earnable fall outside the Executive Pay Range approved by the City Council each fiscal year. This process will continue each July 1 until the Deferred Vested Member elects to begin receiving the retirement benefit. This adjusted Compensation Earnable shall be used in the Member’s final compensation for the calculation of the retirement benefit. If a Deferred Vested Member held more than one position during their highest three consecutive years, the Compensation Earnable in each position shall be allocated on a time held, pro-rata basis and the combined adjusted Compensation Earnable, including adjustments due to CPI and Employment Costs for wage inflation, shall be used in the Member’s final compensation for the calculation of the retirement benefit. c. System members who retire or enter Deferred Retirement Option Program (hereafter “DROP”) on or after July 1, 2015, shall have any previously held Executive Pay Range salaries determined in accordance with Section 2, Subsection (ON)(2)(b) above. P.Q. Except where provided in this subsection, temporary assignment to perform the duties of absent employees shall be in accordance with FMC Section 3-260. After any employee holding a permanent position in Exhibit 2 has completed 40 hours of service in a higher class the employee shall thereafter be paid at the rate of pay of the higher class while so assigned. An employee who has held permanent status in the higher class prior to such assignment shall not be required to complete the qualifying period of service set forth above and shall be paid for the entire duration of the assignment to the higher class at the rate of pay assigned to such higher class. SECTION 3. RATES OF PAY Rates of pay provided for by a resolution establishing or approving such salaries are fixed on the basis of dollars per month or full-time service in full-time positions unless otherwise clearly indicated. Salaries shown are the base rate of pay for each respective job classification. The hourly rate of pay for employees whose schedule is 40 hours per week is calculated by multiplying the monthly rate of pay by 12 and dividing by 2,080. The hourly rate of pay for employees Resolution No. FY 2019 Salary Resolution Page 7 whose schedule is 56 hours per week is calculated by multiplying the monthly rate of pay by 12 and dividing by 2,912. SECTION 4. EXEMPT JOB CLASSES Employees in classes listed as exempt in any exhibit attached to this salary resolution whose job codes are marked with an small “e” shall not be entitled to payment or compensatory time off for overtime as provided for in the rules and regulations of the Fair Labor Standards Act (hereafter “FLSA”). In accordance with the rules and regulations of the FLSA, the base salary of exempt employees shall not be reduced due to variations in the quality or quantity of the work performed. Deductions from the salary of exempt employees are allowed only for those certain circumstances which are set forth in the applicable FLSA regulations. Employees exempt from overtime shall not be subject to deductions for Leave Without Pay in increments of less than a work day or shift. Employees with qualified medical restrictions may be temporarily placed on a part -time basis and will receive the pro-rated salary during the time of restriction. SECTION 5. WAGES, OVERTIME, AND PAID SICK LEAVE FOR TEMPORARY EMPLOYEES A. Temporary employees shall be paid on an hourly basis for the hours actually worked, subject to the provisions of Section 4 above and/or the FLSA, which provides for overtime compensation for hours worked in excess of 40 per workweek. Any such employee in a class having a monthly salary rate shall be paid an hourly rate that is converted from the monthly salary for that class pursuant to Section 3. B. Paid Sick Leave for Temporary Employees: 1. Temporary employees will accumulate and be able to use paid Sick Leave in accordance with AB1522, Healthy Workplace Healthy Family Act of 2014 (i.e., Labor Code §§245 et seq.) 2. Temporary employees will earn one (1) hour of leave for every thirty (30) hours of work, including overtime. This accrual will begin on July 1, 2015, or the first day of employment, whichever is later. Accruals of Sick Leave will be capped at forty-eight (48) hours. Sick Leave may be carried over from year to year. Resolution No. FY 2019 Salary Resolution Page 8 3. Temporary employees will be eligible to use Sick Leave on the ninetieth (90th) day of employment. 4. Temporary employees may use up to three (3) days of sick leave or twenty-four (24) hours, whichever is greater, in each fiscal year (July 1 through June 30). 5. Sick Leave can be used for: a. Diagnosis, care, or treatment of an existing health condition of, or preventive care for, an employee; b. Diagnosis, care, or treatment of an existing health condition of, or preventive care for an employee’s parent (a biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child), child (a child, which for purposes of this article means a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis - this definition of a child is applicable regardless of age or dependency status), spouse, registered domestic partner, sibling, grandparent, or grandchild; or, c. For an employee who is a victim of domestic violence, sexual assault, or stalking, the purposes described in Labor Code Section 230(c) and Labor Code Section 230.1(a). 6. Temporary employees who leave City employment and return within one (1) year from the date of separation will have unused Sick Leave accruals restored up to forty-eight (48) hours. SECTION 6. FLEXIBLE STAFFING An employee holding a permanent position in any class in a group of classes designated as flexibly staffed may be appointed to a higher class in that group, provided that the employee meets the minimum requirements and the department director recommends such appointment. SECTION 7. ALTERNATE WORK SCHEDULE FOR EMPLOYEES IN EXHIBIT 2 A 4/10 or 9/80 work schedule may be implemented in any department, division, or work unit, upon approval of the City Manager or designee. Resolution No. FY 2019 Salary Resolution Page 9 Each 4/10 work schedule will consist of a total of 40 scheduled hours of actual work time per workweek. The workweek begins at 12:01 a.m. Monday and ends at Midnight on Sunday. Each 9/80 work schedule will consist of eight 9-hour shifts, one 8-hour shift, and one day off per 14-day period broken down into two 40-hour per week FLSA workweeks. All employees working a 9/80 work schedule shall have an FLSA workweek, which begins four (4) hours after the start time of the day of the week, which constitutes the employee’s alternating day off. This shall be an 8 -hour shift. The workweek shall end exactly 168 hours later. Employees working a 4/10 or 9/80 work schedule shall have the following exceptions for the holiday benefit apply: A. Holidays: 1. Employees on a 4/10 or 9/80 work schedule shall receive 11 holidays of eight (8) hours. An employee who is off on a holiday, which is a regular work day, shall receive eight (8) hours pay for the holiday and must either take two (2) hours Vacation, Annual, Holiday or Management Leave if on a 4/10 schedule, or one (1) hour Vacation, Annual, Holiday, or Management Leave if on a 9/80 schedule and the holiday falls on a 9-hour shift. 2. Employees on a 4/10 or 9/80 work schedule who are regularly scheduled to work, and do work on a holiday, which is a regular work day, shall receive eight (8) hours of Holiday Leave. When a holiday falls on an employee’s day off, such employee shall receive eight (8) hours of Holiday Leave. B. For employees participating in the Annual Leave Plan, the following rules shall apply: 1. Employees shall accumulate the same number of hours of Annual Leave per month as under a 5/8 work schedule. Annual Leave will be granted for the actual number of hours absent. C. For employees not participating in the Annual Leave Plan, the following rules shall apply: 1. Sick Leave: Employees shall accumulate eight (8) hours of Sick Leave per month, and receive Sick Leave pay for the actual number of hours absent, provided the employee has a sufficient balance of Sick Leave hours. Resolution No. FY 2019 Salary Resolution Page 10 2. Vacation: Employees on a 4/10 or 9/80 work schedule shall accumulate the same number of hours vacation per month as under a 5/8 work schedule. Vacation will be granted for the actual number of hours absent, provided the employee has a sufficient balance of Vacation hours. SECTION 8. MANAGEMENT LEAVE (formerly “Administrative Leave”) A. For employees in Exhibit 2, Management Leave shall be granted as follows: 1. Full time employees appointed to permanent positions in classes, who are not entitled to payment or equivalent compensatory time off for overtime work (as described in Section 4 above.), shall be granted Management Leave, as provided in this subsection 1. A balance of 60 hours shall be credited to each such employee on the first day in July of each fiscal year. Upon their employment by the City, new employees appointed in such positions shall be credited with five (5) hours of Management Leave for each full calendar month remaining in such appointment in the fiscal year. Employees in limited or provisional appointments to such positions shall receive five (5) hours of Management Leave for each full month of such provisional or limited appointment. 2. Unused Management Leave will not be carried over to the next fiscal year. Employees may request payment and be compensated for up to forty-eight (48) hours of Management Leave during the fiscal year in which it is credited, subject to rules established by the City Manager. Employees shall be compensated for any Management Leave balance, not to exceed sixty (60) hours, upon termination from City service. 3. Management Leave shall be scheduled at the convenience of the department. Approval by the City Manager or designee must be obtained before an appointing authority appointed by the City Manager may take such leave. B. For employees in Non-Exempt positions, Management Leave shall be as follows: Employees in non-exempt positions who are in limited or provisional appointments to exempt positions, shall receive a proportional amount of the annual accrual of Management Leave for the exempt classification for each full month of such provisional or limited appointment. Employees must use the Management Leave in accordance with applicable provisions in appropriate MOUs or T & Cs. Resolution No. FY 2019 Salary Resolution Page 11 SECTION 9. SICK LEAVE USAGE AND COMPENSATION FOR EMPLOYEES IN EXHIBIT 2 A. Employees holding an appointment in a permanent class included in Exhibit 2 who are not participating in the Annual Leave Plan and who meet the eligibility criteria in Section 18(F), shall, upon separation from City by service retirement or by disability retirement if the employee is otherwise eligible for service retirement, be credited with the number of accumulated unused Sick Leave balances in excess of 240 hours at the time of retirement multiplied by 40 percent (40%) of the employee’s then current hourly rate of pay to be used solely to pay premiums for medical insurance (including COBRA premiums), pursuant to the City’s Health Reimbursement Arrangement (hereafter “HRA”) as set forth in Section 18(F). B. Protected Sick Leave: After 90 days of employment at the City, employees holding a permanent position in Exhibit 2 who are not participating in the Annual Leave Plan shall be allowed to use up to six (6) months of Sick Leave which would be accrued per fiscal year for Protected Sick Leave purposes identified in California Labor Code Section 233, and up to 20 hours of Supplemental Sick Leave in accordance with the provisions for such leave, as set forth in Section 12 below. The purpose of Protected Sick Leave is to allow employees time to care for themselves and family members as defined by California Labor Code Section 233. Employees are encouraged to schedule routine medical and/or dental appointments outside of regular work hours when possible. Use of Protected Sick Leave shall be recorded by an their appointing authority or designee. The first three days or twenty-four hours, whichever is greater, shall also be considered leave taken under California L abor Code Section 246.5 (i.e., AB 1522, Healthy Workplace Healthy Family Act of 2014). Employees who separate City employment and return within one (1) year of such separation will be entitled to reinstatement of unused Sick Leave balances at the time of separation from City employment, up to a total of forty-eight (48) hours. SECTION 10. ANNUAL LEAVE FOR EMPLOYEES IN EXHIBIT 2 A. This section applies to eligible employees hired on and after July 1, 2000, and those hired prior to July 1, 2000, who have been continuously employed by the City and previously elected to participate in Annual Leave. Eligible employees who elected not to participate in Annual Leave Resolution No. FY 2019 Salary Resolution Page 12 shall continue to accrue Sick Leave, as provided in FMC Section 3-107, and Vacation Leave, as provided in Section 13 of this Salary Resolution and FMC Section 3-108. B. For employees on a forty (40) hour work schedule, the Annual Leave Plan shall be as follows: 1. Annual Leave Accrual – Vacation Leave and Sick Leave will no longer be accumulated as provided in the FMC, but as detailed below. Employees holding a permanent position included in Exhibit 2, who are participating in the Annual Leave Plan, shall be allowed to use up to the hours of Annual Leave accrued in six (6) months for Protected Sick Leave for the purposes identified in California Labor Code Section 233. The first three days or twenty-four hours, whichever is greater, of used Protected Sick Leave shall also be considered leave taken under California Labor Code Section 246.5 (i.e., AB 1522, Healthy Workplace Healthy Family Act of 2014). a. Less than Ten (10) Years – For such employees who have been continuously employed by the City for less than ten (10) years, and were City employees in permanent positions prior to August 31, 2014, the Annual Leave accrual rate will be 15.5 hours for each completed calendar month of employment. In the event the City agrees to a higher Annual Leave accrual rate for members of recognized labor organizations who participate in the City of Fresno Employees’ Retirement System, the City will increase the Annual Leave accrual rate to the same level for employees in Exhibit 2. For such employees who have been continuously employed by the City for less than ten (10) years and became City employees in permanent positions on or after August 31, 2014, the Annual Leave accrual rate will be 13.33 hours for each completed calendar month of employment. b. More than Ten (10) Years – For such employees who have been continuously employed by the City for ten (10) years or more, and were City employees in permanent positions prior to August 31, 2014, the Annual Leave accrual rate will be 18.83 hours for each completed calendar month of employment. In the event the City agrees to a higher Annual Leave accrual rate for members of recognized labor Resolution No. FY 2019 Salary Resolution Page 13 organizations who participate in the City of Fresno Employees’ Retirement System, the City will increase the Annual Leave accrual rate to the same level for employees in Exhibit 2. For such employees who have been continuously employed by the City for ten (10) years or more and became City employees in permanent positions on or after August 31, 2014, the Annual Leave accrual rate will be 16 hours for each completed calendar month of employment. c. Annual Leave Accumulation Limit – Effective September 1, 2014, the accumulation of unused Annual Leave will not exceed 1,200 hours for employees in Executive Pay ranges E1 through E4; 1,000 hours for employees in the E5 range; and 840 hours for employees in the, E6, E7, E8, E10, E15, E16, E17, E19, E20, E21 and E22 ranges. In the event an employee has an Annual Leave balance over the limits listed above, accruals will cease until the balance is under the limit. 2. Annual Leave Pay Out a. Unused Annual Leave Pay Out During Fiscal Year – Employees may request payment and be compensated for up to 48 hours or ten percent (10%) of their Annual Leave balance, whichever is greater, each fiscal year between July 1 and December 31; no cash out may be completed between January 1 and June 30. Cash outs of Aannual Lleave balances are not pensionable for retirement purposes. b. Unused Annual Leave Pay Out – Upon separation from City service, employees will be compensated for all unused Annual Leave balances at their applicable base rate of pay. Payment received under this provision will not be pensionable for retirement purposes. 3. Frozen Sick Leave a. Use of Frozen Sick Leave – Frozen Sick Leave balances may be used by the employee in accordance with provisions of FMC section 3-107, or for those purposes defined in California Labor Code section 233 up to the statutory amount for the fiscal year unless the statutory amount has been satisfied by use of other leaves for the fiscal year. Resolution No. FY 2019 Salary Resolution Page 14 b. Unused Frozen Sick Leave Pay Out – Upon separation from City service by service retirement or at a disability retirement if the employee is otherwise eligible for service retirement, employees who meet the eligibility criteria in Section 18(F) shall be credited with the number of accumulated frozen Sick Leave balances in excess of 240 hours at the time of retirement multiplied by 40% of the employee’s then current hourly rate of pay to be used solely to pay premiums for medical insurance (including COBRA premiums), pursuant to the City’s HRA as set forth in Section 18(F). Employees who separate City employment and return within one (1) year of such separation will be entitled to reinstatement of their Sick Leave balances at the time of separation from City employment, up to a total of forty-eight (48) hours. SECTION 11. HOLIDAYS FOR EMPLOYEES IN EXHIBIT 2 A. Employees occupying a permanent position in Exhibit 2 shall be entitled to the holidays listed in FMC Section 3-116, except in lieu of February 12 (Lincoln’s Birthday) and September 9 (Admissions Day) such employees shall accrue eight (8) hours Holiday Leave on July 1 of each calendar year. B. Employees may request payment and be compensated for up to 48 hours or ten percent (10%) of their Holiday Leave balance, whichever is greater, each fiscal year between July 1 and March 31; no cash out may be completed between April 1 and June 30. C. Any employee in Exhibit 2 who is exempt from the payment of overtime and who is otherwise eligible to receive such accumulation, who is required to work a regularly scheduled shift on a holiday, shall have the number of hours worked up to eight (8) hours added to their holiday balance on the first day of the pay period following the date of such work. When a holiday falls on Saturday, or falls on the employee’s day off such employee shall receive eight (8) hours Holiday Leave. D. Upon separation from City service, employees will be compensated for all unused holiday balances at their applicable base rate of pay. Payment for cash outs of accumulated Holiday Leave balances received under this provision will not be considered pensionable for retirement purposes. Resolution No. FY 2019 Salary Resolution Page 15 SECTION 12. SUPPLEMENTAL SICK LEAVE FOR EMPLOYEES IN EXHIBIT 2 Upon employment by the City, new employees appointed to permanent positions set forth in Exhibit 2 shall receive 40 hours of Supplemental Sick Leave each fiscal year with a lifetime accrual limit of 80 hours. Supplemental Sick leave hours shall be credited on a pro-rated basis for each full calendar month remaining on such appointment in the fiscal year. Employees in Exhibit 2 may utilize earned and accrued Supplemental Sick Leave hours: (1) once regular Sick andor Annual Leave haves been exhausted; (2) as service credit on an hour-per-hour basis upon retirement; (3) to be cashed out at retirement or separation from permanent status with the City, if not eligible for participation in the HRA; (4) in the performance of community activities during the course of the employee’s normal work day, with the appropriate approval; (5) placed in the HRA in accordance with Section 18(F); or (6) once regular Sick andor Annual Leave haves been exhausted, up to half of the hours of Supplemental Sick Leave accrued in a fiscal year for Protected Sick Leave used only for those purposes identified in California Labor Code 233. The first three days or twenty-four hours, whichever is greater, of Protected Sick Leave shall also be considered leave taken under California Labor Code Section 246.5 (i.e., AB 1522, Healthy Workplace Healthy Family Act of 2014) Use of Protected Sick Leave must be authorized and recorded by the department director or designee. Cash outs received under this provision will not be considered pensionable for retirement purposes. SECTION 13. VACATION ACCRUALS FOR EMPLOYEES IN EXHIBIT 2 Eligible employees in classes listed in Exhibit 2 who are not participating in the Annual Leave plan, shall accumulate Vacation Leave as provided in FMC Section 3-108, except that subsection (h) shall not apply. Said employees who have been continuously employed less than ten (10) years shall be allowed to accumulate unused Vacation Leave credit offor 400 hours. Said employees who have been continuously employed for ten (10) years or more shall be allowed to accumulate unused Vacation Leave credit of 500 hours. Said employees may, in November of each year, request a cash payment from eight (8) to 40 hours of any vacation accrual the employee has acquired prior to the December payroll period, if on October 31 of that year, the employee has a balance of 240 or more hours of Sick Leave. All other provisions of FMC Section 3-108 shall apply. Payment received under this provision will not be pensionable for retirement purposes. SECTION 14. MANAGEMENT TIME OFF FOR EMPLOYEES IN EXHIBIT 2 Resolution No. FY 2019 Salary Resolution Page 16 City employees who are designated as exempt from overtime under the provisions of the FLSA and who receive Management Leave pursuant to Section 8, may be granted Management Time Off if the supervisor or designee determines that service delivery and performance of job functions will not be impaired due to the employee’s absence. Such time off shall not be calculated on an hour-for-hour basis in relation to total hours worked. Management Time Off shall not be deducted from any existing leave banks. Management Time Off must be scheduled in advance when possible, approved as Management Time Off by the employee’s supervisor or designee and generally taken in increments of less than one day. Only department directors, assistant directors, or division managers may approve Management Time Off for a full day’s absence. SECTION 15. SALARY RATES The various classes of employment in the City service listed in the following designated exhibits (which are incorporated herein) shall be paid at the rates set forth therein opposite each class title: EXHIBIT 1 Non-Supervisory Blue Collar EXHIBIT 2 Non-Represented Management and Confidential Classes EXHIBIT 3 Non-Supervisory White Collar EXHIBIT 4 Non-Management Police EXHIBIT 5 Non-Management Fire EXHIBIT 6 Bus Drivers and Student Drivers EXHIBIT 7 Non-Supervisory Groups and Crafts EXHIBIT 8 Non-Represented EXHIBIT 9 Police Management EXHIBIT 10 Fire Management EXHIBIT 11 Airport Public Safety Officers EXHIBIT 12 Board and Commission Members EXHIBIT 13-1 Exempt Supervisory and Professional EXHIBIT 13-2 Non-Exempt Professional EXHIBIT 14 Management EXHIBIT 15 Airport Public Safety Supervisors SECTION 16. CERTIFICATE PAY A. Each employee who holds a permanent appointment to a position in the classes of Principal Internal Auditor or Internal Auditor who has been licensed as a Certified Public Accountant by the State of California or as a Certified Internal Auditor by the Institute of Internal Auditors, shall be paid an additional five percent (5%) of base pay. Resolution No. FY 2019 Salary Resolution Page 17 B. Employees who possess and maintain certification as a Certified Access Specialist program (CASp) and are in a position identified by a department as eligible for Certificate Pay shall receive $200 per month. SECTION 17. BILINGUAL CERTIFICATION PROGRAM FOR EMPLOYEES OCCUPYING PERMANENT CLASSES The bilingual certification program consists of a City administered examination process whereby employees in Exhibit 2 or employees with applicable MOUs or T & Cs with Bilingual pay provisions, may apply for a bilingual examination, and if certified by the examiner, receive bilingual premium pay for interpreting and translating. In conjunction with the Director of Personnel Services, department directors or their designees shall designate those positions or assignments for which bilingual skills are desired, unless modified by applicable MOU or T & C. A. In order to remain eligible to receive bilingual premium pay, employees must take and pass the certification examination once every five (5) years. Employees who fail to recertify will no longer receive bilingual premium pay. B. This bilingual certification program is not subject to the grievance or appeal process. C. Bilingual certification examinations are conducted for Armenian, Cambodian, Hindi, Hmong, Laotian, Punjabi, Sign, Spanish, and Vietnamese languages. D. The bilingual premium pay rate for certified employees occupying permanent classes in Exhibit 2 is one hundred dollars ($100) per month, regardless of how many languages for which an employee is certified. E. Certified employees may interpret/translate for departments/divisions they are not assigned to, provided the requesting department/division has a demonstrated customer service related need and has obtained approval from the certified employee’s supervisor. F. Certified employees shall not refuse to interpret/translate while on paid status. Refusal shall result in appropriate disciplinary action. G. Certified employees may be assigned to any incident or investigation requiring their bilingual skills, and may be required to prepare written reports related to the incident or investigation. The objective of this policy will be to utilize department resources in the most efficient way possible. H. Except in the event of an emergency as determined by management, bilingual employees who are not certified shall not be required to interpret/translate. Resolution No. FY 2019 Salary Resolution Page 18 SECTION 18. BENEFITS FOR FULL-TIME EMPLOYEES OCCUPYING PERMANENT POSITIONS IN EXHIBIT 2 Benefits for employees occupying permanent positions in Exhibit 2 shall be as follows: A. Effective September 1, 2014, the City’s contribution towards employee health insurance is seventy-five percent (75%) of the premium established by the Fresno City Employees Health and Welfare Trust Board. The cost of increases after September 1, 2014, in the health and welfare premium will be shared on a fifty percent (50%) basis by the City and employees, except that employees will be required to pay no more than thirty percent (30%) of the premium established by the Fresno City Employees Health and Welfare Trust Board. At such time as the employee share is set at thirty percent (30%), the City shall pay seventy percent (70%). The employee may opt to contribute the amount necessary to make up the difference through payroll deductions, or accept a reduced coverage option. Should any represented bargaining unit in the City negotiate a successor MOU, impose T & C, extend the period of an MOU or T & C, resulting in a greater contribution by the City (including maintenance of percentage contributions) the City will match that benefit. B. The City will provide a Life Insurance benefit that is equal to the employee’s annual earnings, rounding up to the next $1,000, with a maximum benefit of $150,000. C. The City provides Long Term Disability Insurance for employees in accordance with terms of the policy. D. Employees may elect to make contributions through payroll deductions for voluntary supplemental benefits made available by the City. E. Employees in Exhibit 2 hired with the City on or after August 31, 2014, shall make an additional contribution equal to one and one-half percent (1.5%) of their pensionable compensation to the City of Fresno Employees Retirement System, reducing the City contribution by a corresponding amount. Employees who transfer, demote, or promote, into Unit 2 and were paying an additional one and one half percent (1.5%) of their pensionable compensation to the City of Fresno Employees Retirement Resolution No. FY 2019 Salary Resolution Page 19 System immediately prior to entering Unit 2, shall continue to pay the additional one and one half percent (1.5%) of their pensionable compensation to the City of Fresno Employees Retirement System, reducing the City contribution by a corresponding amount. In accordance with Internal Revenue Code Section 414(h)(2) and related guidance, the City shall pick-up and pay the contribution by salary reduction in accordance with this provision to the City of Fresno Employees Retirement System. The employee shall have no option to receive the one and one-half percent (1.5%) contribution in cash. The one and one-half percent (1.5%) contribution paid by the employee will not be credited to an employee’s accumulated contribution account, nor will it be deposited into a member’s DROP account. Unit 2 eEmployees inwho are members of Tier 2 of the Fire and Police Retirement System, hired on or after July 1, 2019, shall pay an additional contribution equal to three percent (3%) of their pensionable compensation to the Fire and Police Retirement System, reducing the City retirement contribution by the corresponding amount. In accordance with Internal Revenue Code Section 414(h)(2) and related guidance, the City shall pick-up and pay the contribution by salary reduction in accordance with this provision to the City of Fresno Fire and Police Retirement System. The employee shall have no option to receive the three percent (3%) contribution in cash. The three percent (3%) contribution paid by the employee will not be credited to an employee’s accumulated contribution account nor will it be deposited into a member’s Deferred Retirement Account Program (“DROP”) account. E. F. The City currently maintains an HRA that qualifies as a “Health Reimbursement Arrangement” as described in Internal Revenue Service (IRS) Notice 2002-45 and other guidance published by the IRS regarding HRA’s. At separation from permanent employment with the City of Fresno by service retirement or at a disability retirement if the employee is otherwise eligible for service retirement, employees who have used 80 hours or less of frozen Sick Leave and/or Annual Leave used for sick time and/or Sick Leave, Holiday Leave, and/or Vacation Leave used for sick time (excluding only Bereavement Leave, and statutorily protected hours used for workers’ compensation benefits, and/or other statutory protected leave such as Family and Medical Leave Act and Protected Sick Leave taken for the purposes identified in California Labor Code Section 233) in the 24 months preceding their date of retirement, will be credited with an account for the employee under the HRA to be used solely to pay premiums for Formatted: Indent: Left: 1", No bullets or numbering Formatted: Indent: Left: 1" Formatted: No bullets or numbering Resolution No. FY 2019 Salary Resolution Page 20 medical insurance (including COBRA premiums). The “value” of the account shall be determined as follows: • The number of accumulated Supplemental Sick Leave hours at the time of retirement multiplied by the employee's then current hourly base rate of pay. • For those with Annual Leave, the number of accumulated frozen Sick Leave hours in excess of 240 hours at the time of retirement multiplied by 40 percent (40%) of the employee’s then current hourly base rate of pay. • For those with Vacation/Sick Leave, the number of accumulated sick leave hours in excess of 240 hours at the time of retirement multiplied by 40 percent (40%) of the employee’s then current hourly base rate of pay. • The hourly base rate of pay shall be the equivalent of the monthly salary for an employee as reflected in the applicable range, multiplied by 12 months then divided by 2,080 hours. • The accounts may be book accounts only, or cash accounts at the City’s option. No actual trust account shall be established for any employee. Each HRA account shall be credited on a monthly basis with a rate of earnings equal to the yield on the City's Investment Portfolio (provided that such yield is positive). The HRA accounts shall be used solely to pay premiums for medical insurance (including COBRA premiums) covering the participant, the participant's spouse (or surviving spouse in the event of the death of the participant), and the participant's dependents. Once a participant's account under the HRA has been reduced to $0, no further benefits shall be payable by the HRA. If the participant, the participant's spouse, and the participant's dependents die before the participant's account under the HRA has been reduced to $0, no death benefit shall be payable to any person by the HRA. While this provision is in effect, employees eligible for HRA shall not be allowed to cash out any accumulated or accrued Supplemental Sick Leave or frozen Sick Leave or Sick Leave at retirement. G. On September 15, 2011, the City Council adopted Resolution No. 2011- 193, which began the imposition of a salary concession effective September 5, 2011, on employees holding positions listed in Exhibit 2 of the Salary Resolution (FY12 salary concessions). Resolution No. FY 2019 Salary Resolution Page 21 Employees in Exhibit 2 impacted by FY12 salary concessions will be held harmless with respect to DROP and retirement calculations, including calculations impacting members who separate from City employment and elect a deferred vested status. Employer and employee retirement contributions will continue to be calculated based on the unadjusted, pre-concessions salary/hourly rate. Employee leave payoffs at separation will be calculated using the unadjusted, pre-concessions salary/hourly rate, including those leave payoffs used to calculate credit to the employee’s HRA retirement. This section shall be applied retroactively to those employees who separated from City employment on or after July 1, 2012. SECTION 19. COMPENSATION FOR FULL-TIME EMPLOYEES OCCUPYING PERMANENT POSITIONS IN EXHIBIT 2 A. The following forms of compensation, when authorized, are to be included in base salary: a. Salary; b. Deferred compensation contributions by the City; if permitted by employment contract, the employee may elect to receive a portion of base salary in the form of deferred compensation; and c. Any other form of compensation not specified in paragraph C below. B. The rate of base salary paid shall not be less than or greater than the ranges established in this Salary Resolution at the time the salary is earned. C. The following forms of compensation, when authorized by ordinance, resolution, or an approved written employment contract, are not to be included in base salary: a. Monthly vehicle allowance pursuant to the requirements of Administrative Order 2-2; b. Education and/or certificate pay; c. Premium pay; Resolution No. FY 2019 Salary Resolution Page 22 d. Reimbursement for actual educational expenses related to job position; e. Uniform pay allowance, excluding costs for uniform upkeep; f. Leave payoff/cash out; g. Professional dues for enrollment of professional organizations related to job position; h. Annual payment for employee’s attendance at two professional organization conferences, including reimbursement of reasonable and necessary travel and subsistence expenses; i. Reimbursement for actual relocation expenses incurred at the time of commencement of employment with the City; j. Professional pay authorized in a memorandum of understanding closest in relation to the employee’s classification, for example, POST pay for peace officers; k. Mileage, meal, hotel, public transportation, and other authorized expenses reimbursed for travel expenses incurred while on City business; l. City provided contributions to insurance premiums; m. Severance pay following an employee’s termination or resignation; and n. City contributions to health and welfare benefits paid during the term of any severance period. D. Compensation paid to employees in the form of either cash or City funded deferred compensation contributions or any equivalent that are in addition to base salary and not covered by another form of authorized compensation approved by City Council (e.g., a memorandum of understanding closest in relation to the employee’s classification; an ordinance; or a resolution) are not authorized. E. The following forms of compensation are authorized for employees in Exhibit 2, when included in an approved written employment contract: a. Education and/or certificate pay; b. Reimbursement for actual education expenses related to job position; Resolution No. FY 2019 Salary Resolution Page 23 c. Professional dues for enrollment of professional organizations related to job position; d. Annual payment for employee’s attendance at two professional organization conferences, including reimbursement of reasonable and necessary travel and subsistence expenses; e. Reimbursement for actual relocation expenses incurred at the time of commencement of employment with the City; f. Mileage, meal, hotel, public transportation, and other authorized expenses reimbursed for travel expenses incurred while on City business; g. Up to six months’ severance pay following an employee’s termination or resignation; and h. City contributions to health and welfare benefits paid during the term of any severance period. F. Performance bonuses for exempt employees, received prior to November 12, 2015, or specifically authorized by City Council after that date, shall be considered pensionable compensation for calculation of retirement benefits and shall not be included as part of base salary. G. Employees in Exhibit 2 who are in job classes with salary ranges E6 through E22 are eligible to receive up to fifty dollars ($50) per month. This benefit is for employees who voluntarily participate in the City’s Deferred Compensation plan, which shall not be calculated as part of base salary. Employees not currently participating in the plan will be required to complete a Participation Agreement and elect to contribute. SECTION 20. BENEFITS FOR POLICE CADETS AND PERMANENT PART-TIME EMPLOYEES A. Employees in permanent full-time positions in the Police Cadet series shall receive the following benefits: 1. Police Cadet is a training series and is designed to ultimately lead to appointment to a permanent full-time position other than Police Cadet in the Police Department. A Police Cadet may be terminated from the Police Cadet program probationary released pursuant to FMC 3-266(d)73 during the Police Cadet program. 2. Upon appointment to a permanent position other than Police Cadet, time served as a Police Cadet I and II shall not be included in Resolution No. FY 2019 Salary Resolution Page 24 calculating an employee’s period of continuous service for the purposes of seniority, retirement benefits, leave accruals, or other benefits. 3. Police Cadets shall be provided with Social Security benefits and shall not be members of the Fresno City Employees’ Retirement System as they are employed principally for the purpose of training. 4. Actual hours worked in excess of 40 hours a week shall be compensated as overtime in accordance with the applicable provisions of FLSA. 5. Fringe benefits for employees in permanent positions in the Cadet series will be determined by the City Manager or designee. 6. Sick Leave Employees will accumulate and be able to use Sick Leave in accordance with AB1522, Healthy Workplace Healthy Family Act of 2014, up to twenty-four (24) hours or three (3) days each fiscal year, whichever is greater. Employees will earn one (1) hour of leave for every thirty (30) hours of work, including overtime. This accrual will begin on July 1, 2015, or the first day of employment, whichever is later. Accruals of Sick Leave will be capped at forty-eight (48) hours. Accruals of Sick Leave may be carried over from year to year. Employees who leave City employment and return within one (1) year from the date of separation will have unused Sick Leave accruals restored up to forty-eight (48) hours. 7. Bilingual Premium Pay Employees in the Cadet Series shall be eligible for the Bilingual Certification Program as provided in Section 17. B. Benefits for Permanent Part-Time (hereafter “PPT”) employees shall be as follows: 1. Health and Welfare benefits shall be provided as outlined in Section 18A. 2. PPT employees shall be provided with Social Security benefits and shall not be members of the Fresno City Employees’ Retirement System. Until the Retirement Board acts upon the joint recommendation regarding retirement benefits applicable to PPT Resolution No. FY 2019 Salary Resolution Page 25 employees, and any ordinances or resolutions are adopted implementing that action, PPT employees shall not be in the Fresno City Employees’ Retirement System and shall be provided with Social Security benefits. PPT employees who participated in the plan as a permanent full-time employee and whose contributions remain on deposit remain members of the Fresno City Employees’ Retirement System. 3. PPT employees shall be paid for jury duty attendance and court attendance in accordance with FMC Sections 3-109 and 3-110. 4. Holidays PPT employees shall receive paid leave for holidays in proportion to the number of non-overtime hours scheduled for that position, as reflected in the adopted budget. 5. Leave for PPT Employees in Exhibit 2 PPT employees holding an appointment in a permanent class included in Exhibit 2, shall be granted leave under the same terms and conditions as full time employees in the same class in Exhibit 2, except that such leave shall be at a rate proportionate to a permanent full time employee occupying the same class, according to the number of hours scheduled to work. C. Use of Protected Sick Leave for Police Cadets and Permanent Part-Time Employees: 1. The first three (3) days or twenty-four (24) hours, whichever is greater, of leave shall be Protected Sick Leave by an employee on or after July 1 of each year if used for the purposes noted in subsection C.3 below, and will be considered leave taken under AB1522, Healthy Workplace Healthy Family Act of 2014. The leave will not be used or considered for the purpose of corrective and/or disciplinary action. The purpose of this benefit is to allow employees time to care for themselves and family members as defined in California Labor Code section 246.5 for the purposes identified in California Labor Code section 233 as stated in subsection 3 below. Employees are encouraged to schedule routine medical and/or dental appointments outside of regular work hours when possible. Use of Protected Sick Leave shall be authorized and recorded by an appointing authority or designee. Resolution No. FY 2019 Salary Resolution Page 26 2. Protected Sick Leave can be used for: a. Diagnosis, care, or treatment of an existing health condition of, or preventative care for, an employee; b. Diagnosis, care, or treatment of an existing health condition of, or preventative care for an employee’s parent (a biological adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child), child (a child, which for purposes of this article means a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis - this definition of a child is applicable regardless of age or dependency status), spouse, registered domestic partner, parent-in-law, sibling, grandchild, or grandchild; or, c. For an employee who is a victim of domestic violence, sexual assault, or stalking, the purposes described in Labor Code Section 230(c) and Labor Code Section 230.1(a). 3. After the employee has taken the first three (3) days of Protected Sick Leave for purposes as defined in subsection C3 above on or after July 1 of each year, these provisions under AB1522, Healthy Workplace Healthy Family Act of 2014 will no longer be applicable. 4. Protected Sick Leave requests will be administered in accordance with existing FMC provisions, City administrative orders, policies, procedures, rules and regulations regarding approval of time off. SECTION 21. CONVERSION OF LEAVES WHEN CHANGING BARGAINING UNITS A. Employees changing from a bargaining unit with leave banks that are the same as leave banks in the bargaining unit to which they are transferring, will maintain their existing leave balances, (ee.g. Vacation Leave to Vacation Leave, Sick Leave to Sick Leave, Supplemental Sick Leave to Supplemental Sick Leave, etc.), subject to Section 21, Subsection (H) Leave Caps below. Employees in a bargaining unit with Administrative Leave or Management Leave who move to a bargaining unit with Administrative or Management Leave will maintain their existing leave balances. Administrative Leave and Management Leave shall be the same leave type. Resolution No. FY 2019 Salary Resolution Page 27 B. Annual Leave/Vacation Leave - Employees with an Annual Leave balance moving transferring to a position in a bargaining unit which is not covered by Annual Leave, may either cash out unused Annual Leave at the former class’ base rate of pay, or convert the unused Annual Leave to a non- accruing Annual Leave bank. The conversion is obtained by multiplying unused Annual Leave hours by the former class’s base rate of pay (converted to an hourly figure), dividing the product by the new class’s base rate of pay (converted to an hourly figure), and placing the resulting balance for leave usage as requested and designated by the employee, with appropriate approval. Employees with Vacation Leave moving transferring to a bargaining unit with Annual Leave will have all Vacation accruals transferred converted to Annual Leave. C. Sick Leave – Employees with Sick Leave who move to a bargaining unit with Annual Leave will have their unused Sick Leave balances frozen. D. Supplemental Sick Leave – Employees with Supplemental Sick Leave who move transfer to a bargaining unit with no Supplemental Sick Leave may either cash the leave out at the former class’ base rate of pay or continue to maintain the Supplemental Sick Leave. If the employee elects to retain the Supplemental Sick Leave, it may be used pursuant to Section 12. E. Supplemental Management Leave (formerly “Supplemental Administrative Leave”) – Employees with Supplemental Management Leave who move transfer to a bargaining unit with no Supplemental Management Leave, will retain such leave for use during the fiscal year. Leave not used by the end of the fiscal year cannot be cashed out and is forfeited. F. Employee Incentive Time Off (EITO) – Employees with EITO who move transfer to a bargaining unit with no EITO will have the EITO balance cashed out at the former class’ base rate of pay at the time of transfer. G. Compensatory Time Off (CTO) – Employees with CTO who move transfer to a bargaining unit with no CTO, will have all time cashed out at the former class’ rate of pay. Employees with CTO who move transfer to a Conversion example: 100 unused hrs x $15.00 (Former base rate) = 75 hrs placed in non-accruing $20.00 (New class base rate) annual leave balance account Resolution No. FY 2019 Salary Resolution Page 28 bargaining unit with CTO will be subject to all provisions regarding CTO in the new bargaining unit. If the employee’s CTO balance is over the cap of the new bargaining unit, any CTO above the cap will be cashed out at the former class’ base rate of pay. H. Leave Caps - When employees change transfer from one bargaining unit to a different bargaining unit that has a lower leave accrual cap for leave other than Sick Leave, all leave over the cap will be cashed out at the former class’ base rate of pay upon the conclusion of the second pay period after the change transfer in bargaining unit. The cash out is obtained by multiplying the amount of hours over the new cap by the former class' base rate of pay (converted to an hourly figure). Employees with Sick Leave who move transfer to a bargaining unit with Sick Leave whose balance is over the cap of the new bargaining unit will have any hours above the Sick Leave cap transferred converted to a Frozen Sick Leave bank. Employees with Holiday Leave who move transfer to a bargaining unit with a Holiday Leave whose balance is over the cap of the new bargaining unit will have any Holiday Leave above the cap transferred converted to a Special Holiday Leave bank. Employees with Special Holiday Leave who move transfer to a bargaining unit with no Holiday Leave cap will have all Special Holiday Leave transferred converted to Holiday Leave. SECTION 22. SPECIAL PROVISIONS FOR EMPLOYEES ON LEAVE FOR MILITARY SERVICE The City will extend salary and benefits to permanent City employees while they are serving in active military duty deployments of more than thirty-one (31) days as follows: A. Payment of the employee’s salary differential benefit; B. Payment of the City’s portion of the employees’ Health and Welfare Contribution, if the employee is currently covered by the City of Fresno Health and Welfare Trust; and C. Continued accrual of Vacation, Sick Leave, Annual Leave and/or Management Leave balances to which they are otherwise entitled by unit designation and employee status during the period of deployment. Resolution No. FY 2019 Salary Resolution Page 29 SECTION 23. BEREAVEMENT LEAVE In accordance with FMC Sections 3-107 (d)(1) and (h), upon the death of a member of an employee’s immediate family, the employee shall be allowed to use Sick Leave (or Annual Leave) for such Special Leave as is actually necessary to take care of funeral arrangements or attend the funeral, but not to exceed four working days; provided, however, that members of the fire fighting forces working a twenty-four hour shift shall be allowed such Ssick Lleave not to exceed two regular working shifts. For the purpose of this provision, immediate family includes: the employee’s child, parent, spouse, registered domestic partner, parent-in-law, grandparent, grandchildren, or sibling. An employee may use Sick Leave to attend the funeral of a person other than a member of the immediate family if granted such Special Leave by their department head. The department head shall notify Personnel Services Director when any employee is granted such Special Leave. SECTION 24. LEAVE INTEGRATION WITH STATE DISABILITY INSURANCE (SDI) FOR NEW EMPLOYEES AND EMPLOYEES TRANSITIONING FROM A BARGAINING UNIT WITH SDI; LEAVE INTEGRATION WITH THE CITY’S LONG TERM DISABILITY INSURANCE PLAN A. INTEGRATION WITH SDI (INCLUDING PAID FAMILY LEAVE) (SDI/PFL) Employees eligible for SDI/PFL benefits under Section 2601, et seq. of California Unemployment Insurance Code receive benefits pursuant to California Unemployment Insurance Code Section 2655. Newly hired employees and employees transitioning from a bargaining unit with SDI participation are eligible to intergrate their leave balances under this Section. Integrating leave balances is defined as using the SDI/PFL benefit combined with an appropriate number of hours per work week of the employee’s available leave balances added together to provide regular, bi- weekly income. Before leave integration will occur, an employee must file a claim as required under SDI/PFL and make a timely election to integrate leave with SDI/PFL benefits which shall be no more than 100 percent of the employee’s normal bi-weekly gross wages (excluding overtime pay) immediately prior to the start of the disability period. A timely election to integrate leave shall be notification to the City as soon as practical, but no later than fourteen (14) calendar days after Formatted: Underline Formatted: Normal, Indent: Left: 0", First line: 0" Formatted: Justified Formatted: Justified, Indent: Left: 0.9", No bullets or numbering Resolution No. FY 2019 Salary Resolution Page 30 commencement of the leave. Notification shall be provided by completing an integration agreement form available in each Department from the Payroll Clerk or Payroll directly. Extensions beyond fourteen (14) calendar days may be given due to exigent good cause circumstances on a case-by- case basis by the Director of Personnel Services or their designee. Employees who elect to integrate as described above must provide Payroll with a copy of the Employment Development Department’s (EDD) Notice of Computation within fourteen (14) calendar days of their receipt of the Notice, and are required to authorize EDD to share benefit computations with the City on their initial claim forms. Extensions beyond fourteen (14) calendar days due to exigent good cause circumstances, such as the employee being incapacitated, may be considered on a case-by-case basis. Leave integration will not be allowed or provided for any period before the City receives the signed integration agreement and the Notice of Computation, including retroactive integration, unless exigent good cause circumstances apply (i.e., integration will occur only on a prospective basis after the City’s receipt of the required leave integration paperwork unless exigent good cause circumstances apply). Integrating leave balances with SDI benefits will continue only if leave balances are available and the employee remains eligible to receive SDI/PFL benefits. Once integration begins, it will continue as long as leave balances are available and SDI/PFL benefits continue. Integration will end, whichever comes first in time, upon: (1) notification from the employee that SDI/PFL benefits have terminated, (2) the employee exhausting all leave balances and/or donated time resulting in leave without pay status, (3) the employee’s return to work, or (4) the employee’s separation from City employment. An employee who is integrating leave and has exhausted all other leave balances may apply for donated time in accordance with City policies. Donated time will be integrated in the same manner as all other available leave time as described in this Section. B. INTEGRATION WITH THE CITY’S LONG TERM DISABILITY PLAN Employees eligible for the City’s Long Term Disability Plan may elect to integrate leave time with those Plan benefits by signing an integration agreement as soon as practical, but no later than fourteen (14) calendar days after commencement of the leave. Notification shall be provided by completing an integration agreement form available in each Department from the Payroll Clerk or Payroll directly. Extensions beyond fourteen (14) Resolution No. FY 2019 Salary Resolution Page 31 calendar days may be given due to exigent good cause circumstances on a case-by-case basis by the Director of Personnel Services or their designee. Employees who elect to integrate as described above must provide Payroll with a copy of the City’s Long Term Disability Plan’s Notice of Award within fourteen (14) calendar days of their receipt of the Notice. Extension beyond fourteen (14) calendar days due to exigent good cause circumstances, such as the employee being incapacitated, may be considered on a case-by-case basis Integration will end, whichever comes first in time, upon: (1) notification from the employee that Plan benefits have terminated, (2) the employee exhausting all leave balances and/or donated time resulting in leave without pay status, (3) the employee’s return to work, or (4) the employee’s separation from City employment. SECTION 254. SALARIES FOR EMPLOYEES IN EXHIBIT 2, EXHIBIT 8, AND PERMANENT PART-TIME EMPLOYEES WHILE ABSENT DUE TO INJURY IN THE LINE OF DUTY The percentage of wages or salary received for an employee who suffers an injury in the course and scope of City employment shall be the percentage established by the State of California Workers’ Compensation laws. SECTION 265. BENCHMARKING DELETED CLASSIFICATIONS Consistent with FMC Section 3-205, the job classifications or pay step identified in Exhibit 16 have been deleted and a pay relationship to calculate retirement benefits for the respective job classifications or pay step has are hereby established as incorporated by this reference. Exhibit 16 reflects benchmarked job classifications from 2016since January 28, 2016. SECTION 27. TEMPORARY EMPLOYMENT OF CITY RETIREE Consistent with Fresno Municipal Code Sections 3-345 and 3-557 former employees who are receiving a retirement benefit from the City of Fresno Fire and Police Retirement System or the City of Fresno Employees Retirement System may be employed on a temporary basis not to exceed 2080 over the course of two consecutive fiscal years if there is a showing made by the appointing authority that the person possesses special skills or experience necessary to perform the duties of the position. Before commencing such temporary employment, there must be a bona-fide employment separation. For the purposes of this Section, “bona fide employment separation” means: (1) there has been no explicit or implicit understanding or agreement before their retirement, and for at least 90 calendar days after their retirement, between the Formatted Formatted: Normal, Indent: Left: 0", First line: 0" Formatted: Font: (Default) Arial Formatted: Heading 1, Left Formatted: Font: (Default) Arial, Underline, English (United States) Formatted: Font: (Default) Arial, Underline, English (United States) Resolution No. FY 2019 Salary Resolution Page 32 employee and the City of their future temporary employment with the City, and (2) upon their retirement, the retired employee provides no work for the City, including work as a full-time, part-time, or seasonal employee; an employee through a third-party contract with the City; an independent contractor; or a leased employee, for at least 90 calendar days. SECTION 286. UNUSUAL CIRCUMSTANCES In any case where, by reason of unusual circumstances, rigid adherence to the foregoing rules would cause a manifest injustice, the City Manager, on recommendation of the appropriate appointing authority and the Director of Personnel Services, may make such order deviating therefrom, as is in the City Manager’s judgment, proper to mitigate the injustice. SECTION 297. CONFLICTING RESOLUTIONS Resolution No. 2018-1592017-176, all amendments thereto, and all other resolutions or parts of resolutions in conflict with this resolution except as such resolutions or parts thereof approve a MOU or T & C, are hereby repealed. SECTION 3028. RESOLUTION EFFECTIVE DATE Upon final legislative approval, this Resolution shall become effective July 1, 201918. SEE APPENDIX FOR FOOTNOTES Page 1.1 2 This is an entry level class in which incumbents do not achieve permanent status within the classified service, as defined in FMC Section 3-202 (p)(5). 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. 7 This class is in a flexibly-staffed series, which allows an employee to “flex” to the journey level after a required training period. 9/3/2018 Fifth Council Amendment Supersedes the Original EXHIBIT 1 Unit 1 – Non-Supervisory Blue Collar (Local 39), effective September 3, 2018 CLASS TITLE JOB CODE PROB PER A B C D E Airports Building Maintenance Technician 310011 12 3470 3643 3825 4016 4217 Airports Operations Leadworker 310010 12 4052 4255 4468 4691 4926 Airports Operations Specialist 310012 12 3684 3868 4061 4264 4477 Automotive Parts Leadworker 145006 12 3684 3868 4061 4264 4477 Automotive Parts Specialist 145005 12 3348 3515 3690 3876 4069 Aviation Mechanic I 4100394 12 4495 4721 4956 5204 5464 Aviation Mechanic II 4100404 12 4945 5192 5451 5725 6010 Aviation Mechanic Leadworker 410041 12 5439 5711 5997 6297 6612 Body & Fender Repairer 320036 12 4495 4721 4956 5204 5464 Body & Fender Repairer Leadworker 320037 12 4945 5192 5451 5725 6010 Body & Fender Repairer Trainee 320035 67 4051 4254 4467 4690 4925 Brake & Front End Specialist 710085 12 4945 5192 5451 5725 6010 Bus Air Conditioning Mechanic 320031 12 4495 4721 4956 5204 5464 Bus Air Conditioning Mechanic Leadworker 320032 12 4945 5192 5451 5725 6010 Bus Air Conditioning Mechanic Trainee 320030 67 4051 4254 4467 4690 4925 Bus Equipment Attendant Leadworker 320040 12 3684 3868 4061 4264 4477 Bus Mechanic I 3200202 - 4051 4254 4467 4690 4925 Bus Mechanic II 320021 12 4495 4721 4956 5204 5464 Bus Mechanic Leadworker 320022 12 4945 5192 5451 5725 6010 Collection System Maintenance Specialist 630002 12 4098 4303 4519 4744 4981 Collection System Maintenance Technician 630001 12 3725 3912 4108 4313 4528 Combination Welder 710067 12 4495 4721 4956 5204 5464 Combination Welder Leadworker 710066 12 4945 5192 5451 5725 6010 Communications Technician I 710050 12 4030 4231 4442 4664 4897 Communications Technician II 710051 12 4442 4664 4897 5142 5399 SEE APPENDIX FOR FOOTNOTES Page 1.2 2 This is an entry level class in which incumbents do not achieve permanent status within the classified service, as defined in FMC Section 3-202 (p)(5). EXHIBIT 1 Unit 1 – Non-Supervisory Blue Collar (Local 39) CLASS TITLE JOB CODE PROB PER A B C D E Cross Connection Control Technician 610040 12 4306 4521 4747 4984 5233 Custodian 810001 12 2751 2888 3032 3184 3343 Electronic Equipment Installer 710060 12 3268 3431 3603 3783 3972 Equipment Service Worker I 710075 12 3348 3515 3690 3876 4069 Equipment Service Worker II 710076 12 3684 3868 4061 4264 4477 Fire Equipment Mechanic I 420010 67 4051 4254 4467 4690 4925 Fire Equipment Mechanic II 420011 12 4495 4721 4956 5204 5464 Fire Equipment Mechanic Leadworker 420012 12 4945 5192 5451 5725 6010 Graffiti Abatement Technician 710009 12 3304 3469 3643 3825 4016 Ground Water Production Specialist 610037 12 4306 4521 4747 4984 5233 Ground W ater Production Technician 610036 12 3915 4111 4316 4531 4758 Heavy Equipment Mechanic I 7101002 - 4051 4254 4467 4690 4925 Heavy Equipment Mechanic II 710101 12 4495 4721 4956 5204 5464 Heavy Equipment Mechanic Leadworker 710102 12 4945 5192 5451 5725 6010 Heavy Equipment Operator 710025 12 4181 4391 4609 4841 5081 Instrumentation Specialist 620025 12 4735 4972 5221 5481 5755 Instrumentation Technician 620026 12 4306 4521 4747 4984 5233 Irrigation Specialist 510005 12 3636 3818 4008 4208 4418 Laborer 710005 12 2792 2920 3053 3192 3343 Light Equipment Mechanic I 7100952 - 4051 4254 4467 4690 4925 Light Equipment Mechanic II 710096 12 4495 4721 4956 5204 5464 Light Equipment Mechanic Leadworker 710097 12 4945 5192 5451 5725 6010 Light Equipment Operator 710020 12 3684 3868 4061 4264 4477 Locksmith 810015 12 3369 3538 3714 3900 4094 Maintenance & Construction Worker 710015 12 3348 3515 3690 3876 4069 Maintenance & Operations Assistant 710001 12 2792 2920 3053 3192 3343 Maintenance Carpenter I 810020 12 3708 3893 4088 4292 4506 Maintenance Carpenter II 810021 12 4090 4294 4509 4734 4971 Park Equipment Mechanic II 710110 12 3684 3868 4061 4264 4477 Park Equipment Mechanic Leadworker 710111 12 4051 4254 4467 4690 4925 SEE APPENDIX FOR FOOTNOTES Page 1.3 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. EXHIBIT 1 Unit 1 – Non-Supervisory Blue Collar (Local 39) CLASS TITLE JOB CODE PROB PER A B C D E Parking Meter Attendant I 7101254 124 3026 3177 3337 3503 3678 Parking Meter Attendant II 7101264 124 3330 3496 3670 3853 4046 Parking Meter Attendant III 710127 12 3662 3844 4037 4238 4450 Parks Maintenance Leadworker 510003 12 3636 3818 4008 4208 4418 Parks Maintenance Worker I 510001 12 2751 2888 3032 3184 3343 Parks Maintenance Worker II 510002 12 3305 3470 3643 3825 4016 Power Generation Operator/Mechanic 620055 12 4989 5238 5500 5774 6063 Property Maintenance Leadworker 810007 12 3715 3901 4096 4301 4516 Property Maintenance Worker 810006 12 3470 3643 3827 4017 4217 Roofer 810010 12 3369 3537 3715 3900 4094 Sanitation Operator 640021 12 3684 3868 4061 4264 4477 Senior Collection System Maintenance Specialist 630004 12 4508 4733 4970 5218 5479 Senior Communications Technician 710052 12 4900 5145 5402 5672 5956 Senior Custodian 810002 12 3026 3177 3337 3503 3678 Senior Ground Water Production Operator 610038 12 5268 5531 5808 6098 6403 Senior Heavy Equipment Operator 710026 12 5147 5404 5674 5958 6256 Senior Sanitation Operator 640022 12 4051 4254 4467 4690 4925 Senior Wastewater Mechanical Specialist 620062 12 4535 4762 5000 5250 5512 Senior Wastewater Treatment Plant Operator 620043 12 5268 5531 5808 6098 6403 Senior Water Distribution/Production Operator 610030 12 5268 5531 5808 6098 6403 Senior Water Treatment Plant Operator 610039 12 5376 5645 5927 6223 6534 Solid Waste Safety & Training Specialist 640005 12 3845 4038 4240 4452 4674 Street Maintenance Leadworker 710040 12 3775 3963 4161 4369 4587 Street Sweeper Lead Operator 710036 12 4051 4254 4467 4690 4925 Street Sweeper Operator 710035 12 3684 3868 4061 4264 4477 Tire Maintenance & Repair Technician 710081 12 3684 3868 4061 4264 4477 Tire Maintenance Worker 710080 12 3348 3515 3690 3876 4069 Traffic Maintenance Leadworker 710046 12 3775 3963 4161 4369 4587 SEE APPENDIX FOR FOOTNOTES Page 1.4 1 This is a training class in which incumbents do not achieve permanent status within the classified service, as defined in FMC Section 3-202 (p)(5). 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. EXHIBIT 1 Unit 1 – Non-Supervisory Blue Collar (Local 39) CLASS TITLE JOB CODE PROB PER A B C D E Traffic Maintenance Worker I 7100444 124 3113 3268 3431 3603 3783 Traffic Maintenance Worker II 7100454 124 3423 3594 3774 3962 4160 Tree Trimmer Leadworker 510010 12 3746 3933 4130 4337 4554 Utility Leadworker 710010 12 3636 3818 4008 4208 4418 Waste Container Maintenance Worker 640010 12 3026 3177 3337 3503 3678 Wastewater Distributor Technician 620050 12 3387 3556 3734 3920 4116 Wastewater Mechanical Specialist 620061 12 4306 4521 4747 4984 5233 Wastewater Mechanical Technician 620060 12 3915 4111 4316 4531 4758 Wastewater Treatment Plant Operator-In- Training 6200401 - 3387 3556 3734 3920 4116 Wastewater Treatment Plant Specialist 620042 12 4535 4762 5000 5250 5512 Wastewater Treatment Plant Technician 620041 12 4306 4521 4747 4984 5233 Water Distribution/Production Specialist 610029 12 4306 4521 4747 4984 5233 Water Distribution/Production Technician 610028 12 3915 4111 4316 4531 4758 Water Maintenance Mechanic Specialist 610032 12 4306 4521 4747 4984 5233 Water Maintenance Mechanic Technician 610031 12 3915 4111 4316 4531 4758 Water Quality Specialist 610034 12 4306 4521 4747 4984 5233 Water Quality Technician 610033 12 3915 4111 4316 4531 4758 Welder 710065 12 4051 4254 4467 4690 4925 SEE APPENDIX FOR FOOTNOTES Page 1.5 2 This is an entry level class in which incumbents do not achieve permanent status within the classified service, as defined in FMC Section 3-202 (p)(5). 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. In those cases in which an employee is hired at the journey level, twelve months of satisfactory service is required. 7 This class is in a flexibly-staffed series, which allows an employee to “flex” to the journey level after a required training period. 9/3/2018 Fifth Council Amendment EXHIBIT 1 Unit 1 – Non-Supervisory Blue Collar (Local 39), effective March 18, 2019 CLASS TITLE JOB CODE PROB PER A B C D E Airports Building Maintenance Technician 310011 12 3557 3735 3921 4117 4323 Airports Operations Leadworker 310010 12 4155 4363 4581 4810 5050 Airports Operations Specialist 310012 12 3777 3965 4163 4371 4589 Automotive Parts Leadworker 145006 12 3777 3965 4163 4371 4589 Automotive Parts Specialist 145005 12 3432 3603 3783 3973 4171 Aviation Mechanic I 4100394 124 4608 4840 5080 5335 5601 Aviation Mechanic II 4100404 124 5070 5323 5589 5869 6161 Aviation Mechanic Leadworker 410041 12 5576 5855 6148 6455 6778 Body & Fender Repairer 320036 12 4608 4840 5080 5335 5601 Body & Fender Repairer Leadworker 320037 12 5070 5323 5589 5869 6161 Body & Fender Repairer Trainee 3200357 67 4154 4362 4580 4809 5049 Brake & Front End Specialist 710085 12 5070 5323 5589 5869 6161 Bus Air Conditioning Mechanic 320031 12 4608 4840 5080 5335 5601 Bus Air Conditioning Mechanic Leadworker 320032 12 5070 5323 5589 5869 6161 Bus Air Conditioning Mechanic Trainee 3200307 67 4154 4362 4580 4809 5049 Bus Equipment Attendant Leadworker 320040 12 3777 3965 4163 4371 4589 Bus Mechanic I 3200204 2 124- 4154 4362 4580 4809 5049 Bus Mechanic II 3200214 124 4608 4840 5080 5335 5601 Bus Mechanic Leadworker 320022 12 5070 5323 5589 5869 6161 Collection System Maintenance Specialist 630002 12 4201 4411 4632 4863 5106 Collection System Maintenance Technician 630001 12 3819 4010 4211 4421 4642 Combination Welder 710067 12 4608 4840 5080 5335 5601 Combination Welder Leadworker 710066 12 5070 5323 5589 5869 6161 Communications Technician I 710050 12 4131 4337 4554 4781 5020 Communications Technician II 710051 12 4554 4781 5020 5271 5534 Formatted: Superscript Formatted: Superscript Formatted: Superscript Formatted: Superscript Commented [KG1]: Ck with Ken – intent when applying? Consistent with job spec and current practice Formatted: Superscript Formatted: Superscript Formatted: Indent: Left: 0.42", First line: 0" Formatted: Font: Bold SEE APPENDIX FOR FOOTNOTES Page 1.5 Supersedes the Original SEE APPENDIX FOR FOOTNOTES Page 1.6 EXHIBIT 1 Unit 1 – Non-Supervisory Blue Collar (Local 39), effective March 18, 2019 CLASS TITLE JOB CODE PROB PER A B C D E Cross Connection Control Technician 610040 12 4414 4635 4866 5109 5364 Custodian 810001 12 2820 2961 3109 3264 3427 Electronic Equipment Installer 710060 12 3350 3517 3694 3878 4072 Equipment Service Worker I 710075 12 3432 3603 3783 3973 4171 Equipment Service Worker II 710076 12 3777 3965 4163 4371 4589 Fire Equipment Mechanic I 4200107 67 4154 4362 4580 4809 5049 Fire Equipment Mechanic II 420011 12 4608 4840 5080 5335 5601 Fire Equipment Mechanic Leadworker 420012 12 5070 5323 5589 5869 6161 Graffiti Abatement Technician 710009 12 3387 3556 3735 3921 4117 Ground Water Production Specialist 610037 12 4414 4635 4866 5109 5364 Ground Water Production Technician 610036 12 4013 4214 4424 4645 4877 Heavy Equipment Mechanic I 7101004 2 124- 4154 4362 4580 4809 5049 Heavy Equipment Mechanic II 7101014 124 4608 4840 5080 5335 5601 Heavy Equipment Mechanic Leadworker 710102 12 5070 5323 5589 5869 6161 Heavy Equipment Operator 710025 12 4286 4501 4725 4963 5209 Instrumentation Specialist 620025 12 4854 5097 5352 5619 5899 Instrumentation Technician 620026 12 4414 4635 4866 5109 5364 Irrigation Specialist 510005 12 3727 3914 4109 4314 4529 Laborer 710005 12 2862 2993 3130 3272 3427 Light Equipment Mechanic I 7100954 2 124- 4154 4362 4580 4809 5049 Light Equipment Mechanic II 7100964 124 4608 4840 5080 5335 5601 Light Equipment Mechanic Leadworker 710097 12 5070 5323 5589 5869 6161 Light Equipment Operator 710020 12 3777 3965 4163 4371 4589 Locksmith 810015 12 3454 3627 3807 3998 4197 Maintenance & Construction Worker 710015 12 3432 3603 3783 3973 4171 Maintenance & Operations Assistant 710001 12 2862 2993 3130 3272 3427 Maintenance Carpenter I 810020 12 3801 3991 4191 4400 4619 Maintenance Carpenter II 810021 12 4193 4402 4622 4853 5096 Park Equipment Mechanic II 710110 12 3777 3965 4163 4371 4589 Park Equipment Mechanic Leadworker 710111 12 4154 4362 4580 4809 5049 Formatted: Superscript Formatted: Superscript Formatted: Superscript Formatted: Superscript Formatted: Superscript SEE APPENDIX FOR FOOTNOTES Page 1.6 2 This is an entry level class in which incumbents do not achieve permanent status within the classified service, as defined in FMC Section 3-202 (p)(5). 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. In those cases in which an employee is hired at the journey level, twelve months of satisfactory service is required. 7 This class is in a flexibly-staffed series, which allows an employee to “flex” to the journey level after a required training period. Formatted: Justified, Indent: Left: 0.42", First line: 0", Space After: 12 pt Formatted: Font: Bold SEE APPENDIX FOR FOOTNOTES Page 1.7 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. In those cases in which an employee is hired at the journey level, twelve months of satisfactory service is required. EXHIBIT 1 Unit 1 – Non-Supervisory Blue Collar (Local 39), effective March 18, 2019 CLASS TITLE JOB CODE PROB PER A B C D E Parking Meter Attendant I 7101254 124 3102 3257 3421 3591 3770 Parking Meter Attendant II 7101264 124 3414 3584 3762 3950 4148 Parking Meter Attendant III 710127 12 3754 3941 4138 4345 4562 Parks Maintenance Leadworker 510003 12 3727 3914 4109 4314 4529 Parks Maintenance Worker I 510001 12 2820 2961 3109 3264 3427 Parks Maintenance Worker II 510002 12 3388 3557 3735 3921 4117 Power Generation Operator/Mechanic 620055 12 5114 5369 5638 5919 6215 Property Maintenance Leadworker 810007 12 3809 3999 4199 4409 4629 Property Maintenance Worker 810006 12 3557 3735 3923 4118 4323 Roofer 810010 12 3454 3626 3808 3998 4197 Sanitation Operator 640021 12 3777 3965 4163 4371 4589 Senior Collection System Maintenance Specialist 630004 12 4621 4852 5095 5349 5616 Senior Communications Technician 710052 12 5023 5274 5538 5814 6105 Senior Custodian 810002 12 3102 3257 3421 3591 3770 Senior Ground Water Production Operator 610038 12 5400 5670 5954 6251 6564 Senior Heavy Equipment Operator 710026 12 5276 5540 5817 6108 6413 Senior Sanitation Operator 640022 12 4154 4362 4580 4809 5049 Senior Wastewater Mechanical Specialist 620062 12 4649 4882 5125 5382 5650 Senior W astewater Treatment Plant Operator 620043 12 5400 5670 5954 6251 6564 Senior Water Distribution/Production Operator 610030 12 5400 5670 5954 6251 6564 Senior Water Treatment Plant Operator 610039 12 5511 5787 6076 6379 6698 Solid Waste Safety & Training Specialist 640005 12 3942 4139 4346 4564 4791 Street Maintenance Leadworker 710040 12 3870 4063 4266 4479 4702 Street Sweeper Lead Operator 710036 12 4154 4362 4580 4809 5049 Street Sweeper Operator 710035 12 3777 3965 4163 4371 4589 Tire Maintenance & Repair Technician 710081 12 3777 3965 4163 4371 4589 Tire Maintenance Worker 710080 12 3432 3603 3783 3973 4171 Traffic Maintenance Leadworker 710046 12 3870 4063 4266 4479 4702 SEE APPENDIX FOR FOOTNOTES Page 1.8 1 This is a training class in which incumbents do not achieve permanent status within the classified service, as defined in FMC Section 3-202 (p)(5). 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. In those cases in which an employee is hired at the journey level, twelve months of satisfactory service is required. EXHIBIT 1 Unit 1 – Non-Supervisory Blue Collar (Local 39), effective March 18, 2019 CLASS TITLE JOB CODE PROB PER A B C D E Traffic Maintenance Worker I 7100444 124 3191 3350 3517 3694 3878 Traffic Maintenance Worker II 7100454 124 3509 3684 3869 4062 4264 Tree Trimmer Leadworker 510010 12 3840 4032 4234 4446 4668 Utility Leadworker 710010 12 3727 3914 4109 4314 4529 Waste Container Maintenance Worker 640010 12 3102 3257 3421 3591 3770 Wastewater Distributor Technician 620050 12 3472 3645 3828 4018 4219 Wastewater Mechanical Specialist 620061 12 4414 4635 4866 5109 5364 Wastewater Mechanical Technician 620060 12 4013 4214 4424 4645 4877 Wastewater Treatment Plant Operator-In- Training 6200401 - 3472 3645 3828 4018 4219 Wastewater Treatment Plant Specialist 620042 12 4649 4882 5125 5382 5650 Wastewater Treatment Plant Technician 620041 12 4414 4635 4866 5109 5364 Water Distribution/Production Specialist 610029 12 4414 4635 4866 5109 5364 Water Distribution/Production Technician 610028 12 4013 4214 4424 4645 4877 Water Maintenance Mechanic Specialist 610032 12 4414 4635 4866 5109 5364 Water Maintenance Mechanic Technician 610031 12 4013 4214 4424 4645 4877 Water Quality Specialist 610034 12 4414 4635 4866 5109 5364 Water Quality Technician 610033 12 4013 4214 4424 4645 4877 Welder 710065 12 4154 4362 4580 4809 5049 SEE APPENDIX FOR FOOTNOTES Page 2.1 EXHIBIT 2 Unit 2 – Non-Represented Management and Confidential Classes CLASS TITLE JOB CODE PROB PER RANGE A B C D E Airport Public Safety Manager 310004e - E7 8128 8291 - 10160 10364 Assistant City Attorney 160008e - E4 11165 11389 - 16023 16344 Assistant City Manager 150135e - E3 14892 15190 - 18615 18988 Assistant Controller 135020e - E5 9400 9588 - 13196 13460 Assistant Director 150160e - E5 9400 9588 - 13196 13460 Assistant Director of Personnel Services 150043e - E5 9400 9588 - 13196 13460 Assistant Director of Public Utilities 620100e - E5 9400 9588 - 13196 13460 Assistant Director of Public Works 210089e - E5 9400 9588 - 13196 13460 Assistant Police Chief 415010e - E5 9400 9588 - 13196 13460 Assistant Retirement Administrator 135040e - E5 9400 9588 - 13196 13460 Budget Analyst 135006e 12 E15 5304 5411 - 6421 6550 Budget Manager 135008e - E5 9400 9588 - 13196 13460 Chief Assistant City Attorney 160015e - E3 14892 15190 - 18615 18988 Chief Information Officer 125067e - E4 11165 11389 - 16023 16344 Chief of Staff to the Mayor 150123e - E5 9400 9588 - 13196 13460 City Attorney 160009e - E1 16954 17294 - 21193 21617 City Attorney Investigator 160003 - E15 5304 5411 - 6421 6550 City Clerk 150125e - E5 9400 9588 - 13196 13460 City Engineer 210080e - E4 11165 - 16023 SEE APPENDIX FOR FOOTNOTES Page 2.1 e Exempt class, see Section 4. 11389 16344 City Manager 150130e - E1 16954 17294 - 21193 21617 Community Coordinator 150075e - E16 4005 4086 - 5635 5748 Community Outreach Specialist 150230e - E16 4005 4086 - 5635 5748 Controller 135021e - E4 11165 11389 - 16023 16344 Council Assistant 150085e - E10 3062 3124 - 9236 9421 Council Chief of Staff 150086e - E10 3062 3124 - 9236 9421 Deputy City Attorney II 160006e - E8 7389 7537 - 9236 9421 Deputy City Attorney III 160007e - E7 8128 8291 - 10160 10364 Deputy City Manager 150140e - E7 8128 8291 - 10160 10364 Director 150170e - E4 11165 11389 - 16023 16344 Director of Aviation 310045e - E4 11165 11389 - 16023 16344 SEE APPENDIX FOR FOOTNOTES Page 2.2 EXHIBIT 2 Unit 2 – Non-Represented Management and Confidential Classes CLASS TITLE JOB CODE PROB PER RANGE A B C D E Director of Development 220020e - E4 11165 11389 - 16023 16344 Director of Personnel Services 150042e - E4 11165 11389 - 16023 16344 Director of Public Utilities 620101e - E4 11165 11389 - 16023 16344 Director of Transportation 310040e - E4 11165 11389 - 16023 16344 Economic Development Coordinator 150090e - E10 3062 3124 - 9236 9421 Economic Development Director 150099e - E4 11165 11389 - 16023 16344 Executive Assistant to Department Director 115003e - E19 3900 3978 - 5498 5608 Executive Assistant to the City Attorney 115004e - E17 3900 3978 - 6021 6142 Executive Assistant to the City Manager 115001e - E17 3900 3978 - 6021 6142 Fire Chief 425007e - E3 14892 15190 - 18615 18988 Governmental Affairs Manager 150240e - E10 3062 3124 - 9236 9421 Human Resources Manager 150025e - E7 8128 8291 - 10160 10364 Independent Reviewer 150220e - E5 9400 9588 - 13196 13460 Internal Auditor 135010e 12 E15 5304 5411 - 6421 6550 Investment Officer 135014e - E6 8390 8558 - 11747 11982 Labor Relations Manager 150030e - E7 8128 8291 - 10160 10364 Management Analyst II 150032e† 12 E15 5304 5411 - 6421 6550 Payroll Accountant 130016e 12 E20 5304 5593 - 6603 6769 SEE APPENDIX FOR FOOTNOTES Page 2.2 † This is one position assigned to the Labor Relations Division in the Personnel Services Department, working on confidential issues related to negotiations with bargaining units. e Exempt class, see Section 4. 11/29/2018 Eighth Council Amendment Supersedes the Original Payroll Manager 135012e - E7 8128 8291 - 10160 10364 Police Chief 415008e - E2 15264 15570 - 19080 19472 Principal Budget Analyst 135009e - E7 8128 8291 - 10160 10364 Principal Internal Auditor 135011e - E8 7389 7537 - 9236 9421 Public Affairs Officer 150118e - E8 7389 7537 - 9236 9421 Public Works Director 210085e - E4 11165 11389 - 16023 16344 Retirement Administrator 135030e - E3 14892 15190 - 18615 18988 Retirement Benefits Manager 135045e - E7 8128 8291 - 10160 10364 SEE APPENDIX FOR FOOTNOTES Page 2.3 EXHIBIT 2 Unit 2 – Non-Represented Management and Confidential Classes, effective April 15, 2019 CLASS TITLE JOB CODE PROB PER RANGE A B C D E Senior Budget Analyst 135007e – E8 7389 7537 - 9236 9421 Senior Deputy City Attorney I 160013e – E6 8390 8558 - 11747 11982 Senior Deputy City Attorney II 160014e – E21 9229 9414 – 12922 13181 Senior Deputy City Attorney III 160016e – E22 9690 9884 – 13568 13840 Senior Human Resources/Risk Analyst 150017e – E8 7389 7537 - 9236 9421 Senior Law Clerk 11502210 – E16 4005 4086 – 5635 5748 Supervising Deputy City Attorney 160010e – E5 9400 9588 - 13196 13460 e Exempt class, see Section 4. 10 Persons in this classification are limited to no more than two (2) consecutive years in this class. 4/11/2019 Eleventh Amendment Supersedes Original Formatted Table Formatted: Superscript SEE APPENDIX FOR FOOTNOTES Page 3.1 3 This class is in a flexibly-staffed series which allows an employee to “flex” to the journey level after six months of satisfactory service for a total probationary period of twelve months. In those cases in which an employee is hired at the journey level, twelve months of satisfactory service is required. 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. In those cases in which an employee is hired at the journey level, twelve months of satisfactory service is required. 6/24/2019 Twelfth Council Amendment Supersedes Eleventh Council Amendment EXHIBIT 3 Unit 3 – Non-Supervisory White Collar (FCEA), effective June 24, 2019 CLASS TITLE JOB CODE PROB PER A B C D E F Account Clerk I 1300013 63 2689 2811 2938 3075 3220 - Account Clerk II 1300023 123 2938 3075 3220 3366 3521 - Accountant-Auditor I 1300114 124 4013 4197 4392 4605 4821 - Accountant-Auditor II 1300124 124 4647 4862 5099 5341 5594 - Accounting Technician 130010 12 3521 3687 3861 4039 4231 - Administrative Clerk I 1100013 63 2495 2611 2727 2853 2983 - Administrative Clerk II 1100023 123 2768 2896 3028 3169 3316 - Airports Operations Officer I 3100064 124 4355 4568 4788 5028 5279 - Airports Operations Officer II 3100094 124 4788 5028 5279 5544 5821 - Airports Property Specialist I 1750014 124 4659 4884 5116 5357 5616 Airports Property Specialist II 1750024 124 5399 5657 5930 6211 6512 - Associate Electrical Safety Consultant I 230022 12 5389 5645 5917 6196 6495 - Associate Electrical Safety Consultant II 230023 12 5645 5917 6196 6495 6809 - Associate Environmental & Safety Consultant I 230003 12 5389 5645 5917 6196 6495 - Associate Environmental & Safety Consultant II 230004 12 5645 5917 6196 6495 6809 - Associate Plumbing & Mechanical Consultant I 230012 12 5389 5645 5917 6196 6495 - Associate Plumbing & Mechanical Consultant II 230013 12 5645 5917 6196 6495 6809 - Billing System Specialist 125075 12 3953 4138 4334 4530 4742 - Budget Technician 135005 12 3577 3743 3919 4103 4297 - Building Inspector I 2300074 124 4970 5206 5453 5716 5985 - Building Inspector II 2300084 124 5389 5645 5917 6196 6495 - Building Inspector III 230009 12 5645 5917 6196 6495 6809 - SEE APPENDIX FOR FOOTNOTES Page 3.2 3 This class is in a flexibly-staffed series which allows an employee to “flex” to the journey level after six months of satisfactory service for a total probationary period of twelve months. In those c ases in which an employee is hired at the journey level, twelve months of satisfactory service is required. 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. In those cases in which an employee is hired at the journey level, twelve months of satisfactory service is required. 5 This class is in a flexibly-staffed series. The probationary period for employees in the Emergency Services Dispatcher I these classes shall be up to 18 months, at the discretion of management. An employee in this series must serve a minimum one year probationary period. * New class effective July 23, 2018 6/24/2019 Twelfth Council Amendment EXHIBIT 3 Unit 3 – Non-Supervisory White Collar (FCEA), effective June 24, 2019 CLASS TITLE JOB CODE PROB PER A B C D E F Call Center Representative I 1150703 63 2938 3075 3226 3366 3521 - Call Center Representative II 1150713 123 3220 3366 3521 3687 3861 - Central Printing Clerk 120005 12 2768 2896 3028 3169 3316 - Chemist 620020 12 4735 4964 5199 5447 5707 City Records Specialist 115025 12 3577 3743 3919 4103 4297 - Commercial Building Inspector 230015 12 5389 5645 5917 6196 6495 - Community Recreation Assistant 520010 12 3014 3149 3280 3412 3562 - Community Revitalization Specialist 230053 12 4850 5083 5328 5619 5853 - Community Revitalization Technician 230059 12 3374 3531 3695 3870 4052 - Community Services Officer I 4100254 124 3131 3274 3425 3584 3751 - Community Services Officer II 4100264 124 3425 3584 3751 3928 4114 - Computer Systems Specialist I 1250104 124 4249 4447 4658 4882 5113 - Computer Systems Specialist II 1250114 124 5375 5629 5898 6180 6480 - Computer Systems Specialist III 125012 12 5933 6217 6517 6829 7160 - Construction Compliance Specialist 150055 12 4159 4349 4556 4773 4996 - Crime Scene Technician I 4100104 124 3980 4166 4362 4570 4787 - Crime Scene Technician II 4100114 124 4362 4570 4787 5014 5256 - Crime Specialist 410008 12 4992 5228 5479 5740 6018 - Customer Services Clerk I 1150603 63 2941 3074 3214 3364 3521 - Customer Services Clerk II 1150613 123 3221 3372 3531 3690 3861 - Deputy City Clerk 115028* 12 3169 3316 3470 3631 3799 - Development Services Coordinator 230057 12 4915 5185 5437 5697 5970 - Digital Forensics Analyst 410050 12 6555 6883 7227 7588 7967 - Emergency Services Dispatcher I 4100015 125 3729 3880 4041 4227 4404 - Emergency Services Dispatcher II 4100025 125 4100 4294 4499 4711 4927 - Emergency Services Dispatcher III 410003 12 4583 4793 5026 5258 5507 - SEE APPENDIX FOR FOOTNOTES Page 3.2 Supersedes Eleventh Council Amendment SEE APPENDIX FOR FOOTNOTES Page 3.3 3 This class is in a flexibly-staffed series which allows an employee to “flex” to the journey level after six months of satisfactory service for a total probationary period of twelve months. In those cases in which an employee is hired at the journey level, twelve months of satisfactory service is required. 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. In those cases in which an employee is hired at the journey level, twelve months of satisfactory service is required. 5 This class is in a flexibly-staffed series. The probationary period for employees in these classes shall be up to 18 months, at the discretion of management. An employee in this series must serve a minimum one year probationary period. 6/24/2019 Twelfth Council Amendment Supersedes Eleventh Council Amendment EXHIBIT 3 Unit 3 – Non-Supervisory White Collar (FCEA), effective June 24, 2019 CLASS TITLE JOB CODE PROB PER A B C D E F Engineer I 2100154 124 5605 5868 6144 6441 6738 - Engineer II 2100164 124 6148 6430 6739 7057 7411 - Engineering Aide I 2100013 63 3113 3251 3400 3558 3727 - Engineering Aide II 2100023 123 3636 3806 3979 4164 4366 - Engineering Inspector I 2300754 124 4789 5033 5260 5508 5775 - Engineering Inspector II 2300764 124 5239 5486 5751 6025 6314 - Engineering Technician I 2100054 124 3657 3828 4012 4192 4389 - Engineering Technician II 2100064 124 4279 4487 4694 4912 5148 - Environmental Control Officer 620001 12 4671 4894 5120 5364 5617 - Facilities Construction Specialist 230085 12 4773 4995 5234 5482 5746 - Fire Prevention Inspector I 4200014 124 4218 4416 4617 4843 5074 - Fire Prevention Inspector II 4200024 124 4862 5083 5328 5589 5853 - Fleet Operations Specialist 710105 12 4460 4668 4893 5123 5369 - Geographic Information System (GIS) Specialist 125025 12 5933 6217 6517 6829 7160 - Graphics Technician 120013 12 3840 4026 4222 4426 4643 - Helicopter Pilot 410033 12 5849 6134 6436 6751 7083 - Housing Rehabilitation Specialist 230056 12 4835 5071 5321 5582 5853 - Industrial/Commercial Water Conservation Representative 610015 12 4679 4902 5129 5373 5627 - Laboratory Assistant 620010 12 3265 3420 3578 3745 3919 - Laboratory Technician I 6200114 124 3925 4109 4302 4504 4715 - Laboratory Technician II 6200124 124 4312 4513 4725 4952 5187 - Landscape Water Conservation Specialist 610005 12 4665 4887 5120 5363 5617 - SEE APPENDIX FOR FOOTNOTES Page 3.4 3 This class is in a flexibly-staffed series which allows an employee to “flex” to the journey level after six months of satisfactory service for a total probationary period of twelve months. In those cases in which an employee is hired at the journey level, twelve months of satisfactory service is required. 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. In those cases in which an employee is hired at the journey level, twelve months of satisfactory service is required. 6/24/2019 Twelfth Council Amendment Supersedes Seventh Council Amendment EXHIBIT 3 Unit 3 – Non-Supervisory White Collar (FCEA), effective June 24, 2019 CLASS TITLE JOB CODE PROB PER A B C D E F Law Office Assistant 115021 12 3795 3979 4173 4376 4588 - Network Systems Specialist 125030 12 5933 6217 6517 6829 7160 - PAR Program Specialist 410023 12 3374 3531 3695 3870 4052 - Paratransit Specialist 320005 12 3594 3763 3941 4119 4312 - Parking Controller I 7101204 124 2680 2790 2905 3020 3149 - Parking Controller II 7101214 124 2913 3036 3161 3289 3439 - Parking Controller III 710122 12 3161 3289 3439 3578 3733 - Phlebotomist 410007 12 3265 3420 3578 3745 3919 - Planner I 2200053 63 4439 4640 4861 5095 5339 - Planner II 2200063 123 5001 5276 5532 5797 6075 - Plans and Permit Technician 220002 12 4752 4975 5201 5456 5716 - Plans Examiner 210041 12 5214 5450 5713 5992 6275 - Police Data Transcriptionist 115035 12 3703 3873 4053 4241 4441 - Police Support Services Clerk 115043 12 3084 3225 3374 3531 3695 - Police Support Services Technician 115044 12 3374 3531 3695 3870 4052 - Principal Account Clerk 130004 12 3521 3687 3861 4039 4231 - Procurement Specialist 140002 12 4508 4723 4946 5181 5430 - Program Compliance Officer 640026 12 3854 4044 4241 4448 4665 - Programmer/Analyst I 1250204 124 4249 4447 4658 4882 5113 - Programmer/Analyst II 1250214 124 5375 5629 5898 6180 6480 - Programmer/Analyst III 125022 12 5933 6217 6517 6829 7160 - Programmer/Analyst IV 125023 12 6484 6800 7129 7469 7829 - Property & Evidence Technician 145010 12 3762 3938 4123 4319 4521 - Radio Dispatcher 120015 12 3312 3461 3605 3764 3919 - Rangemaster/Armorer 410035 12 4570 4787 5014 5256 5505 - Real Estate Finance Specialist I 1700014 124 3777 3954 4134 4331 4536 - Real Estate Finance Specialist II 1700024 124 4365 4572 4790 5016 5254 - SEE APPENDIX FOR FOOTNOTES Page 3.5 EXHIBIT 3 Unit 3 – Non-Supervisory White Collar (FCEA), effective June 24, 2019 CLASS TITLE JOB CODE PROB PER A B C D E F Recreation Specialist 520005 12 3645 3813 3993 4181 4377 - Retirement Counselor I 1350504 124 3588 3757 3934 4118 4312 - Retirement Counselor II 1350514 124 3945 4129 4323 4527 4742 - Safety and Training Specialist 150050 12 4212 4417 4635 4861 5099 - Secretary 110050 12 3316 3470 3631 3799 3979 - Senior Account Clerk 130003 12 3220 3366 3521 3687 3861 - Senior Administrative Clerk 110003 12 3028 3169 3316 3470 3631 - Senior Call Center Representative 115072 12 3708 3886 4074 4272 4480 - Senior Commercial Building Inspector 230016 12 5645 5917 6196 6495 6809 - Senior Community Revitalization Specialist 230054 12 5437 5692 5958 6246 6549 - Senior Community Services Officer 410027 12 3674 3845 4026 4212 4413 - Senior Crime Scene Technician 410012 12 4570 4787 5014 5256 5505 - Senior Customer Services Clerk 115062 12 3681 3847 4026 4215 4413 - Senior Deputy City Clerk 115029* 12 3589 3755 3932 4116 4312 - Senior Engineering Technician 210007 12 4827 5054 5292 5547 5802 - Senior Fire Prevention Inspector 420003 12 5437 5692 5958 6246 6549 - Senior Laboratory Technician 620013 12 4806 5037 5276 5527 5791 - Senior Network Systems Specialist 125031 12 6646 6969 7307 7655 8025 - Senior Plans Examiner 210042 12 5727 5996 6276 6579 6899 - Senior Procurement Specialist 140003 12 4946 5181 5430 5689 5959 - Senior Property & Evidence Technician 145011 12 4123 4319 4521 4733 4960 - Senior Records Clerk 110101 12 3169 3316 3470 3631 3799 - Senior Secretary 110051 12 3589 3755 3932 4116 4312 - 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. In those cases in which an employee is hired at the journey level, twelve months of satisfactory service is required. * New class effective July 23, 2018 6/24/2019 Twelfth Council Amendment Supersedes Seventh Council Amendment SEE APPENDIX FOR FOOTNOTES Page 3.6 EXHIBIT 3 Unit 3 – Non-Supervisory White Collar (FCEA) , effective June 24, 2019 CLASS TITLE JOB CODE PROB PER A B C D E F Senior Storeskeeper 145002 12 3762 3938 4123 4319 4521 - Senior Utility Service Representative 230092 12 3943 4128 4323 4525 4742 - Senior Water Systems Telemetry & Distributed Control Specialist 610022 12 6646 6969 7251 7655 8025 - Staff Assistant 150001 12 3564 3731 3908 4084 4276 - Storeskeeper 145001 12 3562 3729 3902 4084 4277 - Survey Party Technician 210030 12 4279 4487 4694 4912 5148 - Tax/Permit Inspector 135001 12 4218 4417 4618 4845 5075 - Traffic Signal Operations Specialist 710150 12 6045 6334 6640 6957 7295 - Transit Scheduler 320049 12 6045 6334 6640 6957 7295 - Tree Program Specialist 510015 12 4459 4670 4895 5127 5369 - Utility Service Representative I 2300904 124 3269 3419 3577 3745 3919 - Utility Service Representative II 2300914 124 3588 3757 3932 4117 4311 - Wastewater Reclamation Coordinator 620035 12 4659 4884 5116 5357 5616 - Water Conservation Representative 610001 12 3373 3531 3695 3869 4051 - Water Systems Telemetry & Distributed Control Specialist 610021 12 5502 5762 6039 6327 6632 - 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. In those cases in which an employee is hired at the journey level, twelve months of satisfactory service is required. 6/24/2019 Twelfth Council Amendment Supersedes Seventh Council Amendment SEE APPENDIX FOR FOOTNOTES Page 3.7 3 This class is in a flexibly-staffed series which allows an employee to “flex” to the journey level after six months of satisfactory service for a total probationary period of twelve months. In those cases in which an employee is hir ed at the journey level, twelve months of satisfactory service is required. 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that requ ire one year of service for flexing will not serve an additional probationary period at the journey level. In those cases in which an employee is hired at the journey level, twelve months of satisfactory service is required. EXHIBIT 3 Unit 3 – Non-Supervisory White Collar (FCEA), effective June 22, 2020 CLASS TITLE JOB CODE PROB PER A B C D E F Account Clerk I 1300013 63 2757 2882 3012 3152 3301 - Account Clerk II 1300023 123 3012 3152 3301 3451 3610 - Accountant-Auditor I 1300114 124 4114 4302 4502 4721 4942 - Accountant-Auditor II 1300124 124 4764 4984 5227 5475 5734 - Accounting Technician 130010 12 3610 3780 3958 4140 4337 - Administrative Clerk I 1100013 63 2558 2677 2796 2925 3058 - Administrative Clerk II 1100023 123 2838 2969 3104 3249 3399 - Airports Operations Officer I 3100064 124 4464 4683 4908 5154 5411 - Airports Operations Officer II 3100094 124 4908 5154 5411 5683 5967 - Airports Property Specialist I 1750014 124 4776 5007 5244 5491 5757 Airports Property Specialist II 1750024 124 5534 5799 6079 6367 6675 - Associate Electrical Safety Consultant I 230022 12 5524 5787 6065 6351 6658 - Associate Electrical Safety Consultant II 230023 12 5787 6065 6351 6658 6980 - Associate Environmental & Safety Consultant I 230003 12 5524 5787 6065 6351 6658 - Associate Environmental & Safety Consultant II 230004 12 5787 6065 6351 6658 6980 - Associate Plumbing & Mechanical Consultant I 230012 12 5524 5787 6065 6351 6658 - Associate Plumbing & Mechanical Consultant II 230013 12 5787 6065 6351 6658 6980 - Billing System Specialist 125075 12 4052 4242 4443 4644 4861 - Budget Technician 135005 12 3667 3837 4017 4206 4405 - Building Inspector I 2300074 124 5095 5337 5590 5859 6135 - Building Inspector II 2300084 124 5524 5787 6065 6351 6658 - Building Inspector III 230009 12 5787 6065 6351 6658 6980 - SEE APPENDIX FOR FOOTNOTES Page 3.8 3 This class is in a flexibly-staffed series which allows an employee to “flex” to the journey level after six months of satisfactory service for a total probationary period of twelve months. In those cases in which an employee is hired at the journey level, twelve months of satisfactory service is required. 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. In those cases in which an employee is hired at the journey level, twelve months of satisfactory service is required. 5 This class is in a flexibly-staffed series. The probationary period for employees in these classes shall be up to 18 months, at the discretion of management. An employee in this series must serve a minimum one year probationary period. EXHIBIT 3 Unit 3 – Non-Supervisory White Collar (FCEA), effective June 22, 2020 CLASS TITLE JOB CODE PROB PER A B C D E F Call Center Representative I 1150703 63 3012 3152 3307 3451 3610 - Call Center Representative II 1150713 123 3301 3451 3610 3780 3958 - Central Printing Clerk 120005 12 2838 2969 3104 3249 3399 - Chemist 620020 12 4854 5089 5329 5584 5850 City Records Specialist 115025 12 3667 3837 4017 4206 4405 - Commercial Building Inspector 230015 12 5524 5787 6065 6351 6658 - Community Recreation Assistant 520010 12 3090 3228 3362 3498 3652 - Community Revitalization Specialist 230053 12 4972 5211 5462 5760 6000 - Community Revitalization Technician 230059 12 3459 3620 3788 3967 4154 - Community Services Officer I 4100254 124 3210 3356 3511 3674 3845 - Community Services Officer II 4100264 124 3511 3674 3845 4027 4217 - Computer Systems Specialist I 1250104 124 4356 4559 4775 5005 5241 - Computer Systems Specialist II 1250114 124 5510 5770 6046 6335 6642 - Computer Systems Specialist III 125012 12 6082 6373 6680 7000 7339 - Construction Compliance Specialist 150055 12 4263 4458 4670 4893 5121 - Crime Scene Technician I 4100104 124 4080 4271 4472 4685 4907 - Crime Scene Technician II 4100114 124 4472 4685 4907 5140 5388 - Crime Specialist 410008 12 5117 5359 5616 5884 6169 - Customer Services Clerk I 1150603 63 3015 3151 3295 3449 3610 - Customer Services Clerk II 1150613 123 3302 3457 3620 3783 3958 - Deputy City Clerk 115028* 12 3249 3399 3557 3722 3894 - Development Services Coordinator 230057 12 5038 5315 5573 5840 6120 - Digital Forensics Analyst 410050 12 6719 7056 7408 7778 8167 - Emergency Services Dispatcher I 4100015 125 3823 3977 4143 4333 4515 - Emergency Services Dispatcher II 4100025 125 4203 4402 4612 4829 5051 - Emergency Services Dispatcher III 410003 12 4698 4913 5152 5390 5645 - SEE APPENDIX FOR FOOTNOTES Page 3.9 3 This class is in a flexibly-staffed series which allows an employee to “flex” to the journey level after six months of satisfactory service for a total probationary period of twelve months. In those cases in which an emplo yee is hired at the journey level, twelve months of satisfactory service is required. 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. In those cases in which an employee is hired at the journey level, twelve months of satisfactory service is required. 5 This class is in a flexibly-staffed series. The probationary period for employees in these classes shall be up to 18 months, at the discretion of management. An employee in this series must serve a minimum one year probationary period. EXHIBIT 3 Unit 3 – Non-Supervisory White Collar (FCEA), effective June 22, 2020 CLASS TITLE JOB CODE PROB PER A B C D E F Engineer I 2100154 124 5746 6015 6298 6603 6907 - Engineer II 2100164 124 6302 6591 6908 7234 7597 - Engineering Aide I 2100013 63 3191 3333 3485 3647 3821 - Engineering Aide II 2100023 123 3727 3902 4079 4269 4476 - Engineering Inspector I 2300754 124 4909 5159 5392 5646 5920 - Engineering Inspector II 2300764 124 5370 5624 5895 6176 6472 - Engineering Technician I 2100054 124 3749 3924 4113 4297 4499 - Engineering Technician II 2100064 124 4386 4600 4812 5035 5277 - Environmental Control Officer 620001 12 4788 5017 5248 5499 5758 - Facilities Construction Specialist 230085 12 4893 5120 5365 5620 5890 - Fire Prevention Inspector I 4200014 124 4324 4527 4733 4965 5201 - Fire Prevention Inspector II 4200024 124 4984 5211 5462 5729 6000 - Fleet Operations Specialist 710105 12 4572 4785 5016 5252 5504 - Geographic Information System (GIS) Specialist 125025 12 6082 6373 6680 7000 7339 - Graphics Technician 120013 12 3936 4127 4328 4537 4760 - Helicopter Pilot 410033 12 5996 6288 6597 6920 7261 - Housing Rehabilitation Specialist 230056 12 4956 5198 5455 5722 6000 - Industrial/Commercial Water Conservation Representative 610015 12 4796 5025 5258 5508 5768 - Laboratory Assistant 620010 12 3347 3506 3668 3839 4017 - Laboratory Technician I 6200114 124 4024 4212 4410 4617 4833 - Laboratory Technician II 6200124 124 4420 4626 4844 5076 5317 - Landscape Water Conservation Specialist 610005 12 4782 5010 5248 5498 5758 - SEE APPENDIX FOR FOOTNOTES Page 3.10 3 This class is in a flexibly-staffed series which allows an employee to “flex” to the journey level after six months of satisfactory service for a total probationary period of twelve months. In those cases in which an employee is hired at the journey level, twelve months of satisfactory service is required. 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an ad ditional probationary period at the journey level. In those cases in which an employee is hired at the journey level, twelve months of satisfactory service is required. EXHIBIT 3 Unit 3 – Non-Supervisory White Collar (FCEA), effective June 22, 2020 CLASS TITLE JOB CODE PROB PER A B C D E F Law Office Assistant 115021 12 3890 4079 4278 4486 4703 - Network Systems Specialist 125030 12 6082 6373 6680 7000 7339 - PAR Program Specialist 410023 12 3459 3620 3788 3967 4154 - Paratransit Specialist 320005 12 3684 3858 4040 4222 4420 - Parking Controller I 7101204 124 2747 2860 2978 3096 3228 - Parking Controller II 7101214 124 2986 3112 3241 3372 3525 - Parking Controller III 710122 12 3241 3372 3525 3668 3827 - Phlebotomist 410007 12 3347 3506 3668 3839 4017 - Planner I 2200053 63 4550 4756 4983 5223 5473 - Planner II 2200063 123 5127 5408 5671 5942 6227 - Plans and Permit Technician 220002 12 4871 5100 5332 5593 5859 - Plans Examiner 210041 12 5345 5587 5856 6142 6432 - Police Data Transcriptionist 115035 12 3796 3970 4155 4348 4553 - Police Support Services Clerk 115043 12 3162 3306 3459 3620 3788 - Police Support Services Technician 115044 12 3459 3620 3788 3967 4154 - Principal Account Clerk 130004 12 3610 3780 3958 4140 4337 - Procurement Specialist 140002 12 4621 4842 5070 5311 5566 - Program Compliance Officer 640026 12 3951 4146 4348 4560 4782 - Programmer/Analyst I 1250204 124 4356 4559 4775 5005 5241 - Programmer/Analyst II 1250214 124 5510 5770 6046 6335 6642 - Programmer/Analyst III 125022 12 6082 6373 6680 7000 7339 - Programmer/Analyst IV 125023 12 6647 6970 7308 7656 8025 - Property & Evidence Technician 145010 12 3857 4037 4227 4427 4635 - Radio Dispatcher 120015 12 3395 3548 3696 3859 4017 - Rangemaster/Armorer 410035 12 4685 4907 5140 5388 5643 - Real Estate Finance Specialist I 1700014 124 3872 4053 4238 4440 4650 - Real Estate Finance Specialist II 1700024 124 4475 4687 4910 5142 5386 - SEE APPENDIX FOR FOOTNOTES Page 3.11 EXHIBIT 3 Unit 3 – Non-Supervisory White Collar (FCEA), effective June 22, 2020 CLASS TITLE JOB CODE PROB PER A B C D E F Recreation Specialist 520005 12 3737 3909 4093 4286 4487 - Retirement Counselor I 1350504 124 3678 3851 4033 4221 4420 - Retirement Counselor II 1350514 124 4044 4233 4432 4641 4861 - Safety and Training Specialist 150050 12 4318 4528 4751 4983 5227 - Secretary 110050 12 3399 3557 3722 3894 4079 - Senior Account Clerk 130003 12 3301 3451 3610 3780 3958 - Senior Administrative Clerk 110003 12 3104 3249 3399 3557 3722 - Senior Call Center Representative 115072 12 3801 3984 4176 4379 4592 - Senior Commercial Building Inspector 230016 12 5787 6065 6351 6658 6980 - Senior Community Revitalization Specialist 230054 12 5573 5835 6107 6403 6713 - Senior Community Services Officer 410027 12 3766 3942 4127 4318 4524 - Senior Crime Scene Technician 410012 12 4685 4907 5140 5388 5643 - Senior Customer Services Clerk 115062 12 3774 3944 4127 4321 4524 - Senior Deputy City Clerk 115029* 12 3679 3849 4031 4219 4420 - Senior Engineering Technician 210007 12 4948 5181 5425 5686 5948 - Senior Fire Prevention Inspector 420003 12 5573 5835 6107 6403 6713 - Senior Laboratory Technician 620013 12 4927 5163 5408 5666 5936 - Senior Network Systems Specialist 125031 12 6813 7144 7490 7847 8226 - Senior Plans Examiner 210042 12 5871 6146 6433 6744 7072 - Senior Procurement Specialist 140003 12 5070 5311 5566 5832 6108 - Senior Property & Evidence Technician 145011 12 4227 4427 4635 4852 5084 - Senior Records Clerk 110101 12 3249 3399 3557 3722 3894 - Senior Secretary 110051 12 3679 3849 4031 4219 4420 - 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serv e an additional probationary period at the journey level. In those cases in which an employee is hired at the journey level, twelve months of satisfactory service is required. SEE APPENDIX FOR FOOTNOTES Page 3.12 EXHIBIT 3 Unit 3 – Non-Supervisory White Collar (FCEA), effective June 22, 2020 CLASS TITLE JOB CODE PROB PER A B C D E F Senior Storeskeeper 145002 12 3857 4037 4227 4427 4635 - Senior Utility Service Representative 230092 12 4042 4232 4432 4639 4861 - Senior Water Systems Telemetry & Distributed Control Specialist 610022 12 6813 7144 7433 7847 8226 - Staff Assistant 150001 12 3654 3825 4006 4187 4383 - Storeskeeper 145001 12 3652 3823 4000 4187 4384 - Survey Party Technician 210030 12 4386 4600 4812 5035 5277 - Tax/Permit Inspector 135001 12 4324 4528 4734 4967 5202 - Traffic Signal Operations Specialist 710150 12 6197 6493 6806 7131 7478 - Transit Scheduler 320049 12 6197 6493 6806 7131 7478 - Tree Program Specialist 510015 12 4571 4787 5018 5256 5504 - Utility Service Representative I 2300904 124 3351 3505 3667 3839 4017 - Utility Service Representative II 2300914 124 3678 3851 4031 4220 4419 - Wastewater Reclamation Coordinator 620035 12 4776 5007 5244 5491 5757 - Water Conservation Representative 610001 12 3458 3620 3788 3966 4153 - Water Systems Telemetry & Distributed Control Specialist 610021 12 5640 5907 6190 6486 6798 - 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. In those cases in which an employee is hired at the journey level, twelve months of satisfactory service is required. SEE APPENDIX FOR FOOTNOTES Page 3.12 EXHIBIT 4 Unit 4 - Non-Management Police (FPOA) CLASS TITLE JOB CODE PROB PER A B C D E F G Police Officer Recruit 415001 12 4707 4942 – – – – – Police Officer 4150026 126 5438 5710 5996 6296 6611 6943 7290 Police Sergeant 415004 12 6554 6882 7227 7589 7969 8368 8787 Police Specialist 415003 – 5438 5710 5996 6296 6611 6943 7290 6 A person promoting from Police Officer Recruit to Police Officer after one year of serviceat “A” step must serve a probationary period of six months in the Police Officer class. A person who is hired as a Police Officer – Lateral (from another agency) must serve a probationary period of one year in the Police Officer class. Formatted: Superscript SEE APPENDIX FOR FOOTNOTES Page 5.1 EXHIBIT 5 Unit 5 – Fire Non-Management (IAFF) CLASS TITLE JOB CODE PROB PER A B C D E F Firefighter Trainee 425001 -- 4788 Firefighter 425002 12 5320 5585 5866 6158 6486 6794 Firefighter Specialist 425003 12 5958 6255 6570 6896 7242 7604 Fire Captain 425004 12 6650 6983 7332 7700 8086 8491 Fire Investigation Unit Supervisor 425010 12 6650 6983 7332 7700 8086 8491 EXHIBIT 5 Unit 5 – Fire Non-Management (IAFF), effective December 24, 2018 CLASS TITLE JOB CODE PROB PER A B C D E F Firefighter Trainee 425001 -- 4932 Firefighter 425002 12 5480 5753 6042 6343 6681 6998 Firefighter Specialist 425003 12 6137 6443 6768 7103 7460 7833 Fire Captain 425004 12 6850 7193 7552 7931 8329 8746 Fire Investigation Unit Supervisor 425010 12 6850 7193 7552 7931 8329 8746 8/20/2018 Fourth Council Amendment Supersedes Original EXHIBIT 5 Unit 5 – Fire Non-Management (IAFF), effective December 23, 2019 CLASS TITLE JOB CODE PROB PER A B C D E F G Firefighter Trainee 425001 -- 4932 Firefighter 425002 12 5480 5753 6042 6343 6681 6998 7348 Firefighter Specialist 425003 12 6137 6443 6768 7103 7460 7833 8225 Fire Captain 425004 12 6850 7193 7552 7931 8329 8746 9184 Fire Investigation Unit Supervisor 425010 12 6850 7193 7552 7931 8329 8746 9184 Formatted Table SEE APPENDIX FOR FOOTNOTES Page 5.1 SEE APPENDIX FOR FOOTNOTES Page 6.1 EXHIBIT 6 Unit 6 – Bus Drivers and Student Drivers (ATU), effective October 29, 2018 CLASS TITLE JOB CODE PROB PER A B C D E Bus Driver 320015 9 22.419231 23.544231 24.721154 25.955769 27.253846 Bus Driver 320015 9 3886 4081 4285 4499 4724 Student Driver 3200141 - 20.382692 Student Driver 3200141 - 3533 1 This is a training class in which incumbents do not achieve permanent status within the classified service, as defined in FMC Section 3-202 (p)(5). 10/29/2018 Sixth Council Amendment Supersedes the Original EXHIBIT 6 Unit 6 – Bus Drivers and Student Drivers (ATU), effective October 28, 2019 CLASS TITLE JOB CODE PROB PER A B C D E Bus Driver 320015 9 22.984615 24.138462 25.344231 26.607692 27.940385 Bus Driver 320015 9 3984 4184 4393 4612 4843 Student Driver 3200141 - 20.896154 Student Driver 3200141 - 3622 1 This is a training class in which incumbents do not achieve permanent status within the classified service, as defined in FMC Section 3-202 (p)(5). Formatted Table Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: (Default) Arial, 12 pt Formatted: Default, Space Before: 0 pt, After: 0 pt Formatted: Font: (Default) Arial, 12 pt SEE APPENDIX FOR FOOTNOTES Page 7.1 EXHIBIT 7 Unit 7 – Non-Supervisory Groups and Crafts (IBEW), effective February 18, 2019 CLASS TITLE JOB CODE PROB PER RANGE SALARY Air Conditioning Mechanic 730001 12 Flat Rate 6495 Airports Electrician 730011 12 Flat Rate 5875 Concrete Finisher 730005 12 Flat Rate 5665 Electrician 730010 12 Flat Rate 5875 Industrial Electrician 730012 12 Flat Rate 6495 Painter 730015 12 Flat Rate 5161 Plumber 730030 12 Flat Rate 5875 2/14/2019 Tenth Council Amendment Supersedes Original EXHIBIT 7 Unit 7 – Non-Supervisory Groups and Crafts (IBEW), effective September 16, 2019 CLASS TITLE JOB CODE PROB PER RANGE SALARY Air Conditioning Mechanic 730001 12 Flat Rate 6658 Airports Electrician 730011 12 Flat Rate 6022 Concrete Finisher 730005 12 Flat Rate 5807 Electrician 730010 12 Flat Rate 6022 Industrial Electrician 730012 12 Flat Rate 6658 Painter 730015 12 Flat Rate 5291 Plumber 730030 12 Flat Rate 6022 SEE APPENDIX FOR FOOTNOTES Page 8.1 EXHIBIT 8 Unit 8 – Non-Represented CLASS TITLE JOB CODE PROB PER RANGE SALARY Background Investigator 940030 – Hourly $18.00 - $25.00 Per Hour Cashier Clerk 910010 – Flat Rate $11.00 Per Hour Law Clerk 910015 - Hourly $20.00 - $25.00 Per Hour Law Enforcement Instructor 940020 – Hourly $18.00 - $22.00 Per Hour Lifeguard 950001 – Hourly $11.00 - $11.50 Per Hour Police Cadet I 940005 48 mos. Hourly $11.00 - $13.48 Per Hour Police Cadet II 940006 48 mos. Hourly $13.49 - $17.00 Per Hour Pool Supervisor 950015 – Hourly $12.50 - $22.00 Per Hour Senior Lifeguard 950002 – Hourly $11.50 - $13.00 Per Hour Services Aide 910005 – Hourly $11.00 - $15.00 Per Hour Sports Official 950010 – $11.00 - $50.00 Per Game Student Aide II 910002 – Hourly $11.00 Per Hour EXHIBIT 8 Unit 8 – Non-Represented, effective January 1, 2019 CLASS TITLE JOB CODE PROB PER RANGE SALARY Background Investigator 940030 – Hourly $18.00 - $25.00 Per Hour Cashier Clerk 910010 – Flat Rate $12.00 Per Hour Law Clerk 910015 - Hourly $20.00 - $25.00 Per Hour Law Enforcement Instructor 940020 – Hourly $18.00 - $252.00 Per Hour Lifeguard 950001 – Hourly $12.00 - $12.50 Per Hour Police Cadet I 9400059 48 mos. Hourly $12.00 - $14.48 Per Hour Police Cadet II 9400069 48 mos. Hourly $14.49 - $18.00 Per Hour Pool Supervisor 950015 – Hourly $13.50 - $22.00 Per Hour Senior Lifeguard 950002 – Hourly $12.50 - $14.00 Per Hour Services Aide 910005 – Hourly $12.00 - $15.00 Per Hour Sports Official 950010 – $12.00 - $50.00 Per Game InternStudent Aide II 910002 – Hourly $12.00 - $15.00 Per Hour 9 The classifications of Police Cadet I and II have a 48-month tenure limitation in the Police Cadet program pursuant to FMC 3-266(d). Formatted: Superscript Formatted: Superscript SEE APPENDIX FOR FOOTNOTES Page 8.1 EXHIBIT 8 Unit 8 – Non-Represented, effective January 1, 2020 CLASS TITLE JOB CODE PROB PER RANGE SALARY Background Investigator 940030 – Hourly $18.00 - $25.00 Per Hour Cashier Clerk 910010 – Flat Rate $13.00 Per Hour Law Clerk 910015 - Hourly $20.00 - $25.00 Per Hour Law Enforcement Instructor 940020 – Hourly $18.00 - $25.00 Per Hour Lifeguard 950001 – Hourly $13.00 - $13.50 Per Hour Police Cadet I 9400059 48 mos. Hourly $13.00 - $15.48 Per Hour Police Cadet II 9400069 48 mos. Hourly $15.49 - $19.00 Per Hour Pool Supervisor 950015 – Hourly $14.50 - $25.00 Per Hour Senior Lifeguard 950002 – Hourly $13.50 - $15.00 Per Hour Services Aide 910005 – Hourly $13.00 - $16.00 Per Hour Sports Official 950010 – $13.00 - $50.00 Per Game Intern 910002 – Hourly $13.00 - $16.00 Per Hour 9 The classifications of Police Cadet I and II have a 48-month tenure limitation in the Police Cadet program pursuant to FMC 3-266(d). Formatted: Footnote Text, Indent: Left: 0", First line: 0", Line spacing: single Formatted: Font: Not Italic SEE APPENDIX FOR FOOTNOTES Page 9.1 EXHIBIT 9 Unit 9 – Police Management CLASS TITLE JOB CODE PROB PER RANGE A B C D E F G Deputy Police Chief 415007e -- E9 10634 - 13825 Police Captain 415006e 12 9334 9802 10292 10807 11349 11917 12513 Police Lieutenant 415005e 12 8107 8512 8939 9386 9856 10349 10867 e Exempt class, see Section 4. SEE APPENDIX FOR FOOTNOTES Page 10.1 EXHIBIT 10 Unit 10 – Fire Management CLASS TITLE JOB CODE PROB PER A B C D E F Fire Battalion Chief 425005e 12 8495 8922 9366 9833 10325 10840 Deputy Fire Chief 425006e -- 10770 11309 11876 12470 13094 13751 e Exempt class, see Section 4. EXHIBIT 10 Unit 10 – Fire Management, effective October 1, 2018 CLASS TITLE JOB CODE PROB PER A B C D E F Fire Battalion Chief 425005e 12 8750 9190 9647 10128 10635 11166 Deputy Fire Deputy Chief 425006e -- 11094 11649 12233 12845 13487 14164 e Exempt class, see Section 4. 7/1/2018 First Council Amendment Supersedes Original EXHIBIT 10 Unit 10 – Fire Management, effective September 30, 2019 CLASS TITLE JOB CODE PROB PER A B C D E F G Fire Battalion Chief 425005e 12 8750 9190 9647 10128 10635 11166 11725 Fire Deputy Chief 425006e -- 11094 11649 12233 12845 13487 14164 14873 e Exempt class, see Section 4. Formatted Table SEE APPENDIX FOR FOOTNOTES Page 10.1 SEE APPENDIX FOR FOOTNOTES Page 11.1 EXHIBIT 11 Unit 11 – Airport Public Safety Officers CLASS TITLE JOB CODE PROB PER A B C D E Airport Public Safety Officer 310002 12 5107 5360 5614 5892 6183 EXHIBIT 11 Unit 11 – Airport Public Safety Officers, effective September 3, 2018 CLASS TITLE JOB CODE PROB PER A B C D E Airport Public Safety Officer 310002 12 5,261 5,521 5,783 6,069 6,369 EXHIBIT 11 Unit 11 – Airport Public Safety Officers, effective September 2, 2019 CLASS TITLE JOB CODE PROB PER A B C D E Airport Public Safety Officer 310002 12 5419 5687 5957 6252 6561 9/3/2018 Second Council Amendment Supersedes Original SEE APPENDIX FOR FOOTNOTES Page 12.1 EXHIBIT 12 Unit 12 – Board and Commission Members CLASS TITLE JOB CODE RANGE SALARY Civil Service Board Member 156015 Stipend $25 Per Meeting Attended Housing and Community Development Commissioner 156005 Stipend $25 Per Meeting Attended, not to exceed 24 meetings per fiscal year Human Relations Commissioner 156025 Stipend $25 Per Meeting Attended, not to exceed 24 meetings per fiscal year Planning Commissioner 156001 Stipend $100 Per Meeting Attended, not to exceed 36 meetings per fiscal year Retirement Board Member8 156030 Stipend $100 Per Meeting Attended, not to exceed $300 per month 8 Not applicable for current City employees. SEE APPENDIX FOR FOOTNOTES Page 13-1.1 e Exempt class, see Section 4. 6/25/2018 Third Council Amendment Supersedes Original EXHIBIT 13-1 Unit 13 – Exempt Supervisory and Professional (CFPEA), effective June 25, 2018 CLASS TITLE JOB CODE PROB PER A B C D E Acoustical Program Coordinator 310100e 12 5339 5601 5873 6164 6464 Airports Airside/Landside Superintendent 310018e 12 5510 5780 6065 6362 6674 Airports Projects Supervisor 310016e 12 6177 6480 6799 7132 7485 Airports Property Supervisor 175005e 12 5396 5662 5940 6233 6538 Architect 210045e 12 5591 5864 6152 6455 6772 Call Center Supervisor 115073e 12 4067 4265 4472 4687 4917 Capital Development Specialist 310007e 12 5716 5999 6295 6601 6926 Chief Engineering Inspector 230078e 12 5708 5987 6281 6591 6914 Chief Engineering Technician 210009e 12 6683 7012 7357 7721 8101 Chief of Facilities Maintenance 810037e 12 6207 6514 6833 7169 7521 Chief of Wastewater Environmental Services 620075e 12 5940 6233 6538 6859 7196 Chief of Wastewater Facilities Maintenance 620085e 12 6207 6514 6833 7169 7521 Chief of Wastewater Treatment Operations 620080e 12 6277 6590 6913 7252 7608 Chief of Water Operations 610070e 12 6379 6691 7023 7368 7729 Chief Police Pilot 410031e 12 7012 7357 7721 8101 8503 Chief Surveyor 210032e 12 7012 7357 7721 8101 8503 Community Recreation Supervisor I 520015e 12 4325 4539 4760 4994 5236 Community Recreation Supervisor II 520016e 12 4747 4979 5225 5483 5749 Contract Compliance Officer 150061e 12 4419 4633 4859 5100 5345 Custodial Supervisor 810025e 12 4325 4539 4760 4994 5236 Database Administrator 125045e 12 5917 6203 6509 6827 7162 DBE/Small Business Coordinator 150070e 12 5102 5349 5611 5886 6178 SEE APPENDIX FOR FOOTNOTES Page 13-1.2 e Exempt class, see Section 4. 4 This is a flexibly staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. 6/25/2018 Third Council Amendment Supersedes Original EXHIBIT 13-1 Unit 13 – Exempt Supervisory and Professional (CFPEA), effective June 25, 2018 CLASS TITLE JOB CODE PROB PER A B C D E Emergency Services Communications Supervisor 410004e 12 4657 4885 5122 5374 5637 Energy Efficiency Supervisor 230058e 12 4979 5224 5479 5749 6031 Equipment Supervisor 720031e 12 5654 5929 6220 6526 6848 Fire Prevention Engineer 210055e 12 6177 6480 6799 7132 7485 Fleet Administration Supervisor 720025e 12 5483 5749 6031 6328 6639 Forestry Supervisor I 510030e 12 4325 4539 4760 4994 5236 Forestry Supervisor II 510031e 12 4747 4979 5225 5483 5749 Grant Writer 150105e 12 4446 4669 4903 5148 5405 Historic Preservation Specialist 230066e 12 5716 5999 6295 6601 6926 Housing Program Supervisor 230055e 12 6069 6373 6691 7025 7378 Human Resources Analyst 150016e 12 4568 4791 5024 5270 5529 Human Resources Records Supervisor 115050e 12 4437 4654 4882 5119 5372 Information Services Supervisor 125032e 12 6400 6715 7043 7390 7757 Landscape Maintenance Superintendent 510027e 12 5940 6233 6538 6859 7196 Lead Risk Analyst 150008e 12 5016 5266 5529 5806 6097 Management Analyst I 150020e4 12 3390 3555 3728 3909 4102 Management Analyst II 150021e4 12 4156 4360 4572 4796 5029 Parking Supervisor 720035e 12 3189 3341 3502 3673 4017 Parks Supervisor I 510025e 12 4325 4539 4760 4994 5236 Parks Supervisor II 510026e 12 4747 4979 5225 5483 5749 Planner III 220007e 12 5087 5337 5597 5873 6162 Principal Accountant 130014e 12 5641 5918 6209 6514 6833 Procurement Supervisor 140004e 12 5518 5794 6083 6388 6708 SEE APPENDIX FOR FOOTNOTES Page 13-1.3 e Exempt class, see Section 4. 6/25/2018 Third Council Amendment Supersedes Original EXHIBIT 13-1 Unit 13 – Exempt Supervisory and Professional (CFPEA), effective June 25, 2018 CLASS TITLE JOB CODE PROB PER A B C D E Professional Engineer 210100e 12 6177 6480 6799 7132 7485 Project Manager 150065e 12 5716 5999 6295 6601 6926 Records Supervisor 115045e 12 4437 4654 4882 5119 5372 Recycling Coordinator 640001e 12 4315 4525 4745 4976 5221 Revenue Supervisor 135025e 12 4067 4265 4472 4687 4917 Risk Analyst 150010e 12 4568 4791 5024 5270 5529 Sanitation Supervisor 640029e 12 5246 5502 5773 6056 6353 Senior Accountant-Auditor 130013e 12 4682 4910 5152 5404 5667 Senior Building Inspector 230034e 12 5195 5451 5718 6000 6296 Senior Database Administrator 125046e 12 6522 6834 7162 7505 7879 Senior Electrical Safety Consultant 230024e 12 5195 5451 5718 6000 6296 Senior Engineering Inspector 230077e 12 5195 5451 5718 6000 6296 Senior Environmental & Safety Consultant 230005e 12 5195 5451 5718 6000 6296 Senior Plumbing & Mechanical Consultant 230014e 12 5195 5451 5718 6000 6296 Senior Real Estate Agent 170012e 12 5559 5831 6117 6418 6733 Senior Retirement Counselor 135052e 12 4525 4753 4990 5239 5502 Street Maintenance Superintendent 720004e 12 6490 6814 7156 7515 7891 Street Maintenance Supervisor 720001e 12 5989 6284 6593 6917 7257 Supervising Airports Building Maintenance Technician 310014e 12 4325 4539 4760 4994 5236 Supervising Airports Operations Officer 310013e 12 4419 4633 4859 5100 5345 Supervising Commercial Building Inspector 230036e 12 5195 5451 5718 6000 6296 Supervising Engineering Technician 210008e 12 5884 6177 6480 6799 7132 Supervising Fire Prevention Inspector 420005e 12 5440 5706 5988 6282 6592 Supervising Planner 220008e 12 5588 5861 6147 6449 6764 SEE APPENDIX FOR FOOTNOTES Page 13-1.4 e Exempt class, see Section 4. 6/25/2018 Third Council Amendment Supersedes Original EXHIBIT 13-1 Unit 13 – Exempt Supervisory and Professional (CFPEA), effective June 25, 2018 CLASS TITLE JOB CODE PROB PER A B C D E Supervising Plans Examiner 210044e 12 5716 5999 6295 6601 6926 Supervising Professional Engineer 210110e 12 7012 7357 7721 8101 8503 Supervising Real Estate Agent 170013e 12 6105 6404 6719 7049 7396 Supervising Traffic Signal Operations Specialist 720050e 12 6379 6691 7023 7368 7729 Survey Party Chief 210031e 12 4671 4898 5138 5388 5655 Systems Security Administrator 125050e 12 5366 5626 5904 6191 6495 Transit Supervisor I 320050e 12 5216 5471 5735 6018 6312 Transit Supervisor II 320051e 12 5654 5929 6220 6526 6848 Treasury Officer 135015e 12 5641 5918 6209 6514 6833 Wastewater Environmental Supervisor 620073e 12 6101 6398 6714 7045 7390 Wastewater Operations Supervisor 620072e 12 6101 6398 6714 7045 7390 Wastewater System Supervisor 620071e 12 6101 6398 6714 7045 7390 Water Conservation Supervisor 610045e 12 5809 6094 6393 6709 7037 Water System Supervisor 610055e 12 6101 6398 6714 7045 7390 SEE APPENDIX FOR FOOTNOTES Page 13-1.5 e Exempt class, see Section 4. 4/11/2019 Eleventh Council Amendment Supersedes Eighth Council Amendment EXHIBIT 13-1 Unit 13 – Exempt Supervisory and Professional (CFPEA), effective April 15, 2019 CLASS TITLE JOB CODE PROB PER A B C D E Acoustical Program Coordinator 310100e 12 5473 5742 6020 6319 6626 Airports Airside/Landside Superintendent 310018e 12 6326 6636 6963 7304 7663 Airports Projects Supervisor 310016e 12 6649 6975 7318 7677 8057 Airports Property Supervisor 175005e 12 5757 6038 6331 6644 6964 Architect 210045e 12 5846 6132 6433 6750 7081 Business Process & Systems Analyst 125044e 12 6187 6487 6806 7138 7489 Call Center Supervisor 115073e 12 4253 4460 4676 4902 5141 Capital Development Specialist 310007e 12 6035 6334 6647 6971 7313 Chief Engineering Inspector 230078e 12 6320 6628 6955 7297 7654 Chief Engineering Technician 210009e 12 7299 7657 8034 8431 8845 Chief of Facilities Maintenance 810037e 12 6363 6677 7004 7349 7710 Chief of Wastewater Environmental Services 620075e 12 6089 6389 6702 7031 7376 Chief of Wastewater Facilities Maintenance 620085e 12 6363 6677 7004 7349 7710 Chief of Wastewater Treatment Operations 620080e 12 6434 6755 7086 7434 7799 Chief of Water Operations 610070e 12 6539 6859 7199 7553 7923 Chief Police Pilot 410031e 12 7188 7541 7915 8304 8716 Chief Surveyor 210032e 12 8390 8802 9238 9692 10173 Community Recreation Supervisor I 520015e 12 4512 4735 4965 5209 5461 Community Recreation Supervisor II 520016e 12 4866 5104 5356 5621 5893 Contract Compliance Officer 150061e 12 5757 6038 6331 6644 6964 Custodial Supervisor 810025e 12 5757 6038 6331 6644 6964 Database Administrator 125045e 12 6187 6487 6806 7138 7489 DBE/Small Business Coordinator 150070e 12 5335 5593 5868 6155 6460 SEE APPENDIX FOR FOOTNOTES Page 13-1.6 e Exempt class, see Section 4. 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. In those cases in which an employee is hired at the journey level, twelve months of satisfactory service is required. 6/25/2018 Third Council Amendment Supersedes Original EXHIBIT 13-1 Unit 13 – Exempt Supervisory and Professional (CFPEA), effective July 23, 2018 CLASS TITLE JOB CODE PROB PER A B C D E Emergency Services Communications Supervisor 410004e 12 5085 5334 5593 5868 6154 Energy Efficiency Supervisor 230058e 12 5104 5355 5616 5893 6182 Equipment Supervisor 720031e 12 6260 6565 6887 7226 7582 Fire Prevention Engineer 210055e 12 6332 6642 6969 7311 7673 Fleet Administration Supervisor 720025e 12 5757 6038 6331 6644 6964 Forestry Supervisor I 510030e 12 4657 4887 5124 5376 5637 Forestry Supervisor II 510031e 12 4866 5104 5356 5621 5893 Grant Writer 150105e 12 4580 4805 5039 5285 5542 Historic Preservation Specialist 230066e 12 5859 6149 6453 6767 7100 Housing Program Supervisor 230055e 12 6221 6533 6859 7201 7563 Human Resources Analyst 150016e 12 4777 5010 5253 5511 5782 Human Resources Records Supervisor 115050e 12 4639 4867 5106 5352 5618 Information Services Supervisor 125032e 12 6692 7021 7365 7727 8111 Landscape Maintenance Superintendent 510027e 12 7170 7524 7892 8280 8686 Lead Risk Analyst 150008e 12 5245 5506 5782 6072 6375 Management Analyst I 150020e4 124 3475 3644 3822 4007 4205 Management Analyst II 150021e4 124 4580 4805 5039 5285 5542 Parking Supervisor 720035e 12 3515 3682 3860 4048 4427 Parks Supervisor I 510025e 12 4657 4887 5124 5376 5637 Parks Supervisor II 510026e 12 5645 5921 6213 6521 6836 Planner III 220007e 12 5320 5581 5852 6141 6444 Principal Accountant 130014e 12 5928 6218 6525 6844 7180 Procurement Supervisor 140004e 12 5656 5939 6236 6548 6876 Formatted: Superscript Formatted: Superscript Formatted: Superscript SEE APPENDIX FOR FOOTNOTES Page 13-1.7 e Exempt class, see Section 4. 11/29/2018 Eighth Council Amendment Supersedes Third Council Amendment EXHIBIT 13-1 Unit 13 – Exempt Supervisory and Professional (CFPEA), effective November 12, 2018 CLASS TITLE JOB CODE PROB PER A B C D E Professional Engineer 210100e 12 7299 7657 8034 8431 8845 Project Manager 150065e 12 6035 6334 6647 6971 7313 Records Supervisor 115045e 12 4639 4867 5106 5352 5618 Recycling Coordinator 640001e 12 4804 5038 5283 5540 5813 Revenue Supervisor 135025e 12 4253 4460 4676 4902 5141 Risk Analyst 150010e 12 4777 5010 5253 5511 5782 Sanitation Supervisor 640029e 12 5757 6038 6331 6644 6964 Senior Accountant-Auditor 130013e 12 4960 5201 5457 5724 6002 Senior Building Inspector 230034e 12 5912 6204 6507 6828 7166 Senior Database Administrator 125046e 12 6686 7005 7342 7693 8076 Senior Electrical Safety Consultant 230024e 12 5912 6204 6507 6828 7166 Senior Engineering Inspector 230077e 12 5738 6022 6316 6627 6955 Senior Environmental & Safety Consultant 230005e 12 5912 6204 6507 6828 7166 Senior Plumbing & Mechanical Consultant 230014e 12 5912 6204 6507 6828 7166 Senior Real Estate Agent 170012e 12 5757 6038 6331 6644 6964 Senior Retirement Counselor 135052e 12 4732 4970 5218 5478 5753 Street Maintenance Superintendent 720004e 12 7170 7524 7892 8280 8686 Street Maintenance Supervisor 720001e 12 6326 6636 6963 7304 7663 Supervising Airports Building Maintenance Technician 310014e 12 5757 6038 6331 6644 6964 Supervising Airports Operations Officer 310013e 12 5757 6038 6331 6644 6964 Supervising Commercial Building Inspector 230036e 12 5912 6204 6507 6828 7166 Supervising Engineering Technician 210008e 12 6153 6459 6775 7109 7458 Supervising Fire Prevention Inspector 420005e 12 5897 6186 6491 6811 7146 Supervising Planner 220008e 12 5883 6171 6472 6790 7122 SEE APPENDIX FOR FOOTNOTES Page 13-1.8 e Exempt class, see Section 4. 6/25/2018 Third Council Amendment Supersedes Original EXHIBIT 13-1 Unit 13 – Exempt Supervisory and Professional (CFPEA), effective July 23, 2018 CLASS TITLE JOB CODE PROB PER A B C D E Supervising Plans Examiner 210044e 12 6826 7164 7518 7884 8272 Supervising Professional Engineer 210110e 12 8390 8802 9238 9692 10173 Supervising Real Estate Agent 170013e 12 6326 6636 6963 7304 7663 Supervising Traffic Signal Operations Specialist 720050e 12 6558 6879 7220 7575 7946 Survey Party Chief 210031e 12 5124 5373 5636 5910 6203 Systems Security Administrator 125050e 12 5612 5883 6174 6473 6792 Transit Supervisor I 320050e 12 5561 5833 6115 6416 6729 Transit Supervisor II 320051e 12 6217 6519 6839 7176 7529 Treasury Officer 135015e 12 5928 6218 6525 6844 7180 Wastewater Environmental Supervisor 620073e 12 6739 7067 7416 7782 8163 Wastewater Operations Supervisor 620072e 12 6739 7067 7416 7782 8163 Wastewater System Supervisor 620071e 12 6739 7067 7416 7782 8163 Water Conservation Supervisor 610045e 12 5955 6247 6553 6877 7213 Water System Supervisor 610055e 12 6739 7067 7416 7782 8163 SEE APPENDIX FOR FOOTNOTES Page 13-2.1 e Exempt class, see Section 4. EXHIBIT 13-1 Unit 13 – Exempt Supervisory and Professional (CFPEA), effective July 22, 2019 CLASS TITLE JOB CODE PROB PER A B C D E Acoustical Program Coordinator 310100e 12 5610 5886 6171 6477 6792 Airports Airside/Landside Superintendent 310018e 12 6485 6802 7138 7487 7855 Airports Projects Supervisor 310016e 12 6816 7150 7501 7869 8259 Airports Property Supervisor 175005e 12 5901 6189 6490 6811 7139 Architect 210045e 12 5993 6286 6594 6919 7259 Business Process & Systems Analyst 125044e 12 6342 6650 6977 7317 7677 Call Center Supervisor 115073e 12 4360 4572 4793 5025 5270 Capital Development Specialist 310007e 12 6186 6493 6814 7146 7496 Chief Engineering Inspector 230078e 12 6478 6794 7129 7480 7846 Chief Engineering Technician 210009e 12 7482 7849 8235 8642 9067 Chief of Facilities Maintenance 810037e 12 6523 6844 7180 7533 7903 Chief of Wastewater Environmental Services 620075e 12 6242 6549 6870 7207 7561 Chief of Wastewater Facilities Maintenance 620085e 12 6523 6844 7180 7533 7903 Chief of Wastewater Treatment Operations 620080e 12 6595 6924 7264 7620 7994 Chief of Water Operations 610070e 12 6703 7031 7379 7742 8122 Chief Police Pilot 410031e 12 7368 7730 8113 8512 8934 Chief Surveyor 210032e 12 8600 9023 9469 9935 10428 Community Recreation Supervisor I 520015e 12 4625 4854 5090 5340 5598 Community Recreation Supervisor II 520016e 12 4988 5232 5490 5762 6041 Contract Compliance Officer 150061e 12 5901 6189 6490 6811 7139 Custodial Supervisor 810025e 12 5901 6189 6490 6811 7139 Database Administrator 125045e 12 6342 6650 6977 7317 7677 DBE/Small Business Coordinator 150070e 12 5469 5733 6015 6309 6622 Formatted Table SEE APPENDIX FOR FOOTNOTES Page 13-2.1 e Exempt class, see Section 4. 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. In those cases in which an employee is hired at the journey level, twelve months of satisfactory service is required. EXHIBIT 13-1 Unit 13 – Exempt Supervisory and Professional (CFPEA), effective July 22, 2019 CLASS TITLE JOB CODE PROB PER A B C D E Emergency Services Communications Supervisor 410004e 12 5213 5468 5733 6015 6308 Energy Efficiency Supervisor 230058e 12 5232 5489 5757 6041 6337 Equipment Supervisor 720031e 12 6417 6730 7060 7407 7772 Fire Prevention Engineer 210055e 12 6491 6809 7144 7494 7865 Fleet Administration Supervisor 720025e 12 5901 6189 6490 6811 7139 Forestry Supervisor I 510030e 12 4774 5010 5253 5511 5778 Forestry Supervisor II 510031e 12 4988 5232 5490 5762 6041 Grant Writer 150105e 12 4695 4926 5165 5418 5681 Historic Preservation Specialist 230066e 12 6006 6303 6615 6937 7278 Housing Program Supervisor 230055e 12 6377 6697 7031 7382 7753 Human Resources Analyst 150016e 12 4897 5136 5385 5649 5927 Human Resources Records Supervisor 115050e 12 4755 4989 5234 5486 5759 Information Services Supervisor 125032e 12 6860 7197 7550 7921 8314 Landscape Maintenance Superintendent 510027e 12 7350 7713 8090 8487 8904 Lead Risk Analyst 150008e 12 5377 5644 5927 6224 6535 Management Analyst I 150020e4 124 3562 3736 3918 4108 4311 Management Analyst II 150021e4 124 4695 4926 5165 5418 5681 Parking Supervisor 720035e 12 3603 3775 3957 4150 4538 Parks Supervisor I 510025e 12 4774 5010 5253 5511 5778 Parks Supervisor II 510026e 12 5787 6070 6369 6685 7007 Planner III 220007e 12 5453 5721 5999 6295 6606 Principal Accountant 130014e 12 6077 6374 6689 7016 7360 Procurement Supervisor 140004e 12 5798 6088 6392 6712 7048 Formatted Table Formatted: Indent: Left: 0", Hanging: 0.65" SEE APPENDIX FOR FOOTNOTES Page 13-2.1 e Exempt class, see Section 4. EXHIBIT 13-1 Unit 13 – Exempt Supervisory and Professional (CFPEA), effective July 22, 2019 CLASS TITLE JOB CODE PROB PER A B C D E Professional Engineer 210100e 12 7482 7849 8235 8642 9067 Project Manager 150065e 12 6186 6493 6814 7146 7496 Records Supervisor 115045e 12 4755 4989 5234 5486 5759 Recycling Coordinator 640001e 12 4925 5164 5416 5679 5959 Revenue Supervisor 135025e 12 4360 4572 4793 5025 5270 Risk Analyst 150010e 12 4897 5136 5385 5649 5927 Sanitation Supervisor 640029e 12 5901 6189 6490 6811 7139 Senior Accountant-Auditor 130013e 12 5084 5332 5594 5868 6153 Senior Building Inspector 230034e 12 6060 6360 6670 6999 7346 Senior Database Administrator 125046e 12 6854 7181 7526 7886 8278 Senior Electrical Safety Consultant 230024e 12 6060 6360 6670 6999 7346 Senior Engineering Inspector 230077e 12 5882 6173 6474 6793 7129 Senior Environmental & Safety Consultant 230005e 12 6060 6360 6670 6999 7346 Senior Plumbing & Mechanical Consultant 230014e 12 6060 6360 6670 6999 7346 Senior Real Estate Agent 170012e 12 5901 6189 6490 6811 7139 Senior Retirement Counselor 135052e 12 4851 5095 5349 5615 5897 Street Maintenance Superintendent 720004e 12 7350 7713 8090 8487 8904 Street Maintenance Supervisor 720001e 12 6485 6802 7138 7487 7855 Supervising Airports Building Maintenance Technician 310014e 12 5901 6189 6490 6811 7139 Supervising Airports Operations Officer 310013e 12 5901 6189 6490 6811 7139 Supervising Commercial Building Inspector 230036e 12 6060 6360 6670 6999 7346 Supervising Engineering Technician 210008e 12 6307 6621 6945 7287 7645 Supervising Fire Prevention Inspector 420005e 12 6045 6341 6654 6982 7325 Supervising Planner 220008e 12 6031 6326 6634 6960 7301 Formatted Table SEE APPENDIX FOR FOOTNOTES Page 13-2.1 e Exempt class, see Section 4. EXHIBIT 13-1 Unit 13 – Exempt Supervisory and Professional (CFPEA), effective July 22, 2019 CLASS TITLE JOB CODE PROB PER A B C D E Supervising Plans Examiner 210044e 12 6997 7344 7706 8082 8479 Supervising Professional Engineer 210110e 12 8600 9023 9469 9935 10428 Supervising Real Estate Agent 170013e 12 6485 6802 7138 7487 7855 Supervising Traffic Signal Operations Specialist 720050e 12 6722 7051 7401 7765 8145 Survey Party Chief 210031e 12 5253 5508 5777 6058 6359 Systems Security Administrator 125050e 12 5753 6031 6329 6635 6962 Transit Supervisor I 320050e 12 5701 5979 6268 6577 6898 Transit Supervisor II 320051e 12 6373 6682 7010 7356 7718 Treasury Officer 135015e 12 6077 6374 6689 7016 7360 Wastewater Environmental Supervisor 620073e 12 6908 7244 7602 7977 8368 Wastewater Operations Supervisor 620072e 12 6908 7244 7602 7977 8368 Wastewater System Supervisor 620071e 12 6908 7244 7602 7977 8368 Water Conservation Supervisor 610045e 12 6104 6404 6717 7049 7394 Water System Supervisor 610055e 12 6908 7244 7602 7977 8368 SEE APPENDIX FOR FOOTNOTES Page 13-2.1 EXHIBIT 13-2 Unit 13 – Non-Exempt Professional (CFPEA) CLASS TITLE JOB CODE PROB PER A B C D E Legal Secretary I 115015 12 3101 3250 3406 3570 3744 Legal Secretary II 115016 12 3427 3594 3765 3949 4140 Paralegal 160001 12 4500 4720 4949 5192 5447 Senior Human Resources Technician 150014 12 3326 3485 3652 3830 4016 Senior Paralegal 160002 12 4941 5188 5447 5720 6006 Supervising Crime Scene Technician 410013 12 4482 4701 4930 5172 5424 SEE APPENDIX FOR FOOTNOTES Page 13-2.2 EXHIBIT 13-2 Unit 13 – Non-Exempt Professional (CFPEA), effective December 10, 2018 CLASS TITLE JOB CODE PROB PER A B C D E Legal Secretary I 115015 12 3179 3332 3492 3660 3838 Legal Secretary II 115016 12 3584 3758 3938 4129 4329 Paralegal 160001 12 4706 4935 5175 5429 5696 Senior Human Resources Technician 150014 12 3479 3645 3819 4005 4200 Senior Legal Secretary 115017 12 4124 4330 4547 4774 5013 Senior Paralegal 160002 12 5167 5425 5696 5981 6281 Supervising Crime Scene Technician 410013 12 4883 5121 5370 5634 5908 12/10/2018 Ninth Amendment Supersedes Third Council Amendment EXHIBIT 13-2 Unit 13 – Non-Exempt Professional (CFPEA), effective July 22, 2019 CLASS TITLE JOB CODE PROB PER A B C D E Legal Secretary I 115015 12 3259 3416 3580 3752 3934 Legal Secretary II 115016 12 3674 3852 4037 4233 4438 Paralegal 160001 12 4824 5059 5305 5565 5839 Senior Human Resources Technician 150014 12 3566 3737 3915 4106 4305 Senior Legal Secretary 115017 12 4228 4439 4661 4894 5139 Senior Paralegal 160002 12 5297 5561 5839 6131 6439 Supervising Crime Scene Technician 410013 12 5006 5250 5505 5775 6056 Formatted Table Formatted Table SEE APPENDIX FOR FOOTNOTES Page 14.1 e Exempt class, see Section 4. 2/14/2019 Tenth Council Amendment Supersedes Ninth Council Amendment EXHIBIT 14 Unit 14 – Management Classes (CFMEA), effective February 18, 2019 CLASS TITLE JOB CODE PROB PER RANGE A B C D E ADA Coordinator 150231e - E14 6143 7671 Administrative Manager 220025e – E11 8096 - 10111 Airports Marketing & Public Relations Coordinator 310150e – E14 6143 - 7671 Airports Operations Manager 310020e – E12 7361 - 9192 Airports Planning Manager 310019e – E11 8096 - 10111 Airports Properties Manager 310021e – E12 7361 - 9192 Airports Safety Management Systems Manager 310161e - E12 7361 - 9192 Assistant City Clerk 115030e – E14 6143 - 7671 Building Services Manager 230031e – E18 9593 - 11991 Business Manager 150019e – E12 7361 - 9192 Communications Manager 125060e – E11 8096 - 10111 Community Sanitation Manager 720040e – E14 6143 - 7671 Construction Manager 210096e – E12 7361 - 9192 Crime Scene Investigation Bureau Manager 410015e – E12 7361 - 9192 Deputy City Engineer 210081e – E18 9593 - 11991 Division Manager 150024e – E12 7361 - 9192 Economic Development Analyst 150095e – E14 6143 - 7671 Facilities Manager 810040e – E12 7361 - 9192 Fleet Manager 720032e – E12 7361 - 9192 Housing & Neighborhood Revitalization Manager 230065e – E11 8096 - 10111 Information Services Manager 125055e – E11 8096 - 10111 Law Office Manager 115020e _ E12 7361 - 9192 Parks Manager 510035e – E12 7361 - 9192 Personnel Manager 150026e – E12 7361 - 9192 Planning Manager 220010e – E11 8096 - 10111 Projects Administrator 150063e – E11 8096 - 10111 Public Works/Public Utilities Manager 210095e – E11 8096 - 10111 SEE APPENDIX FOR FOOTNOTES Page 14.2 EXHIBIT 14 Unit 14 – Management Classes (CFMEA), effective April 15, 2019 CLASS TITLE JOB CODE PROB PER RANGE A B C D E Public Works/Public Utilities Manager – Licensed Engineer 210094e - E13 9359 - 11698 Purchasing Manager 140005e – E12 7361 - 9192 Records Manager 115046e – E12 7361 - 9192 Recreation Manager 520025e – E12 7361 - 9192 Revenue Manager 135026e – E12 7361 - 9192 Senior Management Analyst 150023e – E14 6143 - 7671 Solid Waste Manager 640040e – E12 7361 - 9192 Training Officer 150046e – E14 6143 - 7671 Transit Maintenance Manager 320060e – E12 7361 - 9192 Transit Operations Manager 320055e – E12 7361 - 9192 Wastewater Manager 620095e – E12 7361 - 9192 Water Manager 610075e – E12 7361 - 9192 Water/Wastewater Manager- Certified 620096e – E23 8456 - 10570 e Exempt class, see Section 4. 4/11/2019 Eleventh Council Amendment Supersedes Original SEE APPENDIX FOR FOOTNOTES Page 15.1 EXHIBIT 15 Unit 15 – Airport Public Safety Supervisors (FAPSS) CLASS TITLE JOB CODE PROB PER A B C D E Airport Public Safety Supervisor* 310003 12 6617 6947 7295 7660 8043 Airport Public Safety Supervisor** 310005 12 5784 6071 6376 6695 7028 * Hired before July 1, 2010 ** Hired after July 1, 2010 EXHIBIT 15 Unit 15 – Airport Public Safety Supervisors (FAPSS), effective October 15, 2018 CLASS TITLE JOB CODE PROB PER A B C D E Airport Public Safety Supervisor* 310003 12 6816 7156 7514 7890 8285 Airport Public Safety Supervisor** 310005 12 5958 6254 6568 6896 7239 * Hired before July 1, 2010 ** Hired after July 1, 2010 Page 16.1 EXHIBIT 16 Benchmarked Deleted Job Classifications or Deleted Pay Step, effective 2016since 1/28/16 Classification Title Deleted Benchmarked To Percent Effective Assistant Chief of Wastewater Treatment Operations (620079) 7/1/18 Wastewater Operations Supervisor (620072) 100% 7/1/18 Buyer I (140001) 1/28/16 Procurement Specialist (140002) 90% 1/28/16 Chief of Solid Waste Operations (640035) 7/1/18 Landscape Maintenance Superintendent (510027) 100% 7/1/18 City Traffic Engineer (210076) 7/1/18 Construction Manager (210096) 100% 7/1/18 Collection System Maintenance Operator I (630003) 5/29/17 Collection System Maintenance Technician (630001) 90% 5/29/17 Collection System Maintenance Supervisor (630005) 7/1/18 Wastewater Operations Supervisor (620072) 100% 7/1/18 Community Sanitation Supervisor I (720042) 7/1/18 Sanitation Supervisor (640029) 100% 7/1/18 Emergency Preparedness Officer (420020) 7/1/18 Management Analyst II (150021) 100% 7/1/18 Industrial Electrician Supervisor (720020) 7/1/18 Wastewater System Supervisor (620071) 100% 7/1/18 Labor Relations Secretary (115010) 7/1/18 Executive Assistant to Department Director (115003) 100% 7/1/18 Laboratory Supervisor (620014) 7/1/18 Wastewater Environmental Supervisor (620073) 100% 7/1/18 Management Analyst III (150022) 7/1/18 Business Manager (150019) 100% 7/1/18 Plans Examiner I (210040) 10/3/16 Plans Examiner (210041) 84.61% 10/3/16 Police Specialist (415003) 7/1/19 Police Officer (415002) 100% 7/1/19 Power Generation System Supervisor (620056) 7/1/18 Wastewater System Supervisor (620071) 100% 7/1/18 Risk/Safety Manager (150035) 7/1/18 Human Resources Manager (150025) 100% 7/1/18 Page 16.2 EXHIBIT 16 Benchmarked Deleted Job Classifications or Deleted Pay Step, effective 2016since 1/28/16 Classification Title Deleted Benchmarked To Percent Effective Redevelopment Administrator (150080) 7/1/18 Assistant Director of Personnel Services (150043) 100% 7/1/18 Sewer Maintenance Manager (630010) 7/1/18 Wastewater Manager (620095) 100% 7/1/18 Solid Waste System Supervisor (640030) 7/1/18 Sanitation Supervisor (640029) 100% 7/1/18 Supervising Environmental Control Officer (620005) 7/1/18 Wastewater Environmental Supervisor (620073) 100% 7/1/18 Transit Maintenance Manager (320060) 7/1/18 Transit Operations Manager (320055) 100% 7/1/18 Waste Collector II (640020) 9/5/16 Sanitation Operator (640021) 84.19% 9/5/16 Waste Container Maintenance Worker (640011) 9/5/16 Waste Container Maintenance Worker (640010) 117.65% 9/5/16 Wastewater Lead Distributor (620051) 9/5/16 Wastewater Distributor Technician (620050) 118.92% 9/5/16 Wastewater Treatment Maintenance Supervisor (620070) 7/1/18 Wastewater System Supervisor (620071) 100% 7/1/18 Water System Operator I (610025) 7/1/18 Water Distribution/Production Technician (610028) 100% 7/1/18 Water System Operator II (610026) 7/1/18 Water Distribution/Production Specialist (610029) 100% 7/1/18 Water System Operator III (610027) 7/1/18 Senior Water Treatment Plant Operator (610039) 90.79% 7/1/18 Bus Driver – F Step (320015) 1/1/17 Bus Driver – E Step (320015) 100% 1/1/17 Community Revitalization Specialist – F Step (230053) 10/3/16 Community Revitalization Specialist – E Step (230053) 100% 10/3/16 APPENDIX TO SALARY RESOLUTION 1 This is a training class in which incumbents do not achieve permanent status within the classified service, as defined in FMC Section 3-202 (p)(5). 2 This is an entry level class in which incumbents do not achieve permanent status within the classified service, as defined in FMC Section 3-202 (p)(5). 3 This class is in a flexibly-staffed series which allows an employee to “flex” to the journey level after six months of satisfactory service for a total probationary period of twelve months. In those cases in which an employee is hired at the journey level, twelve months of satisfactory service is required. 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in cl asses that require one year of service for flexing will not serve an additional probationary period at the journey level. In those cases in which an employee is hired at the journey level, twelve months of satisfactory service is required. 5 This class is in a flexibly-staffed series. The probationary period for employees in the Emergency Services Dispatcher I and Fire Prevention Inspector Ithese classes shall be up to 18 months, at the discretion of management. An employee in this series must serve a minimum one year probationary period. 6 A person promoting from Police Officer Recruit to Police Officer after one year of service at “A” step must serve a probationary period of six months in the Police Officer class. A person who is hired as a Police Officer – Lateral (from another agency) must serve a probationary period of one year in the Police Officer class. 7 This class is in a flexibly-staffed series, which allows an employee to “flex” to the journey level after a required training period. 8 Not applicable to current City employees. 9 The classifications of Police Cadet I and II have a 48-month tenure limitation in the Police Cadet program pursuant to FMC 3-266(d). 10 Persons in this classification are limited to no more than two (2) consecutive years in this class. e Exempt class, see Section 4. Formatted: Indent: First line: 0.42", Line spacing: Double * * * * * * * * * * * * * * STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) I, YVONNE SPENCE, 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 , 20182019. AYES : NOES : ABSENT : ABSTAIN : Mayor Approval: , 20182019 Mayor Approval/No Return: , 20182019 Mayor Veto: , 20182019 Council Override Vote: , 20182019 YVONNE SPENCE, CMCCRM MMC City Clerk BY: Deputy APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE BY: Tina R. Griffin, Assistant City Attorney City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID19-1870 Agenda Date:6/20/2019 Agenda #:E. REPORT TO THE CITY COUNCIL June 20, 2019 FROM:Henry Fierro, Budget Manager Budget and Management Studies BY:PEDRO RIVERA, Senior Budget Analyst Budget and Management Studies SUBJECT ***RESOLUTION - FY 2020 GANN Appropriation Limit Resolution (Subject to Mayor’s veto) RECOMMENDATION It is recommended that the Council adopt the attached resolution which selects Per Capita Personal Income and County population as the factors to be used in calculating the FY 2020 appropriations limit (Method B).This method appears to give the City the most flexibility in terms of an adjusted spending limit. EXECUTIVE SUMMARY State law requires the City to adopt an annual appropriations limit,otherwise known as the Gann Limit,in conjunction with the adoption of the budget.The new limit amount is calculated by applying the growth rates in population and per capita personal income to the previous fiscal years limit amount.Staff has prepared two Gann Limit levels which both meet the legal standards for calculation.Staff is recommending that Council adopt the level which will give the City the greatest difference between FY 2020 enacted appropriations and the calculated FY 2020 Gann Limit. BACKGROUND In November 1979,the voters of the State of California approved Proposition 4,commonly known as the Gann Initiative.The proposition created Article XIIIB of the State Constitution,placing limits on the amount of revenue that can be spent by all entities of government.Proposition 4 became effective for the 1980-81 fiscal year,but the formula for calculating the limits was based on the 1978-79 "base year" revenues. Appropriations backed by tax revenues collected by all funds within the City are subject to City of Fresno Printed on 3/17/2023Page 1 of 2 powered by Legistar™ File #:ID19-1870 Agenda Date:6/20/2019 Agenda #:E. Appropriations backed by tax revenues collected by all funds within the City are subject to measurement against the City’s calculated Gann Limit.Since the General Fund is the primary recipient of tax revenue,a rough estimate of the appropriations subject to that limit can be calculated by summing all tax revenue (property tax,sales tax,etc.)that the General Fund receives.On a local level,the City of Fresno has never exceeded its appropriations limit. Indeed,the City's appropriations subject to the limit has,in the years since Proposition 4 was approved, never exceeded 65% of the calculated limit. However,in order to address an increasing number of complaints about the restrictions of Proposition 4 and to increase the accountability of local governments in adopting their limits,the voters approved Proposition 111 in June 1990.Among other things,Proposition 111 alters the methodology outlined in Proposition 4 for determining the appropriations limit.It also requires an annual vote of the City Council on which adjustment factors will be used in determining the particular fiscal year's appropriation limit. Under Proposition 111,the factors used to determine each year's limit were modified to be:1) Either the California Per Capita Income or the percentage change in the local assessment roll from the preceding year due to the addition of local non-residential construction in the City,and 2) Either the City's own population growth or the population growth of the entire County. Additionally,Article XIIIB requires the appropriations limit be adjusted permanently whenever there is a transfer of financial responsibility between two or more government agencies.One example of this would be the booking fees and fees for Property Tax administration that the City is required to pay under Senate Bill No. 2557. Attachment(s): FY 2020 GANN Resolution FY 2020 GANN Attachment A City of Fresno Printed on 3/17/2023Page 2 of 2 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID19-1765 Agenda Date:6/20/2019 Agenda #:F. REPORT TO THE CITY COUNCIL June 20, 2019 FROM:MICHAEL LIMA, Controller/Finance Director/(ex-officio )Treasurer Finance Department BY:CORRINA BARBARITE, Treasury Officer Finance Department SUBJECT ***RESOLUTION - To Adopt an Investment Policy for Public Funds for Fiscal Year 2019-2020 (Subject to Mayor’s Veto) RECOMMENDATION Staff recommends that Council approve the accompanying Resolution to adopt the City Investment Policy (the "Policy") for Fiscal Year 2019-2020. EXECUTIVE SUMMARY The Fresno Municipal Code (FMC) requires that Council annually approve and adopt an Investment Policy, and delegate its authority to invest City funds to the City Treasurer. State Law refers to "surplus money" that is not needed for current operations. Good cash management includes investing these funds in accordance with an approved Investment Policy. Interest earnings on investments are allocated to all Funds based on the amount of cash the Fund has invested in the City -wide Pool. There is one change from the FY 2018-2019 Investment Policy: Section Ill (A) (1) (a) (16) - Authorized Investments and Appendix C - Glossary of Cash Management Terms have been amended to clarify the inclusion of non-negotiable certificates of deposit as an authorized investment. BACKGROUND Although State Law no longer requires it, good cash management necessitates a detailed plan for handling cash resources. The FMC, therefore, requires that Council annually adopt an investment City of Fresno Printed on 3/17/2023Page 1 of 3 powered by Legistar™ File #:ID19-1765 Agenda Date:6/20/2019 Agenda #:F. policy for public funds. An investment policy establishes the objectives, guidelines, and types of investments for a government's public funds investment program. State Law does contain numerous other stipulations that pertain to the City's investment program. Government Code Section 53601 (Section 53601) sets forth certain parameters that govern a local agency's investment program. This law states that "The legislative body of a local agency having monies in a sinking fund or monies in its treasury not required for the immediate needs of the local agency may invest any portion of the monies that it deems wise or expedient ...” The Treasury Section of the Finance Department is responsible for balancing the operating cash needs of the City with the amount of money available for investment. Operating cash is thus differentiated from surplus cash. These monies are aggregated together in a City-wide Pool for investment purposes. Each PeopleSoft Fund owns "shares" in the Pool, based on the Fund's cash balance. Cash from the Pool is invested in financial instruments allowed by State Law, and the interest earnings are credited back to each Fund. Section 53601 sets forth the types of investment instruments eligible for purchase by a local agency, the investment grade of those instruments, and the percentage of the local agency's surplus monies that can be invested in each type of security. Since the City's first investment objective is conformity with State Law, the Investment Policy generally conforms to Section 53601. The one policy change included this year is the addition of non-negotiable Certificates of Deposit. These investments are allowed by State law but have not been reflected in the City’s policy in the past. The investment opportunities in these instruments have improved and staff is therefore requesting the addition. Government Code Section 16429.1 created the Local Agency Investment Fund and gives the State Treasurer the authority to set the limits for local agencies with regard to the total amount which may be invested in the Fund. LAIF's current limit is $65,000,000 per account and is reflected in the City's Investment Policy. Staff recommends that Council approve the City's Investment Policy for Fiscal Year 2019-2020. ENVIRONMENTAL FINDINGS By the definition provided in the California Environmental Quality Act Guidelines Section 15378 this item does not qualify as a "project" and is therefore exempt from the California Environmental Quality Act requirements. LOCAL PREFERENCE Local preference was not considered because this Resolution does not include a bid or award of a construction or service contract. FISCAL IMPACT City of Fresno Printed on 3/17/2023Page 2 of 3 powered by Legistar™ File #:ID19-1765 Agenda Date:6/20/2019 Agenda #:F. Approving this Resolution adopting an Investment Policy for Fiscal Year 2019-2020 will provide staff with direction on how to manage the City's cash resources; specifically, how they shall be used to fund operations or invested to obtain interest earnings if not currently needed for operations. Interest earnings are allocated to PeopleSoft Funds based on their cash balances. Attachment:Attachment 1: Resolution Adopting Investment Policy for Fiscal Year 2019-2020 Exhibit A: Investment Policy for Fiscal Year 2019-2020 City of Fresno Printed on 3/17/2023Page 3 of 3 powered by Legistar™ 201 9-2020 City of Fresno Investment Policy Effective July 1, 2019 Michael A. Lima Controller/Finance Director/(ex- officio)Treasurer PREFACE “I’m not as concerned about the return on my principal as I am about the return of my principal.” Will Rogers It is the Policy of the City of Fresno, that giving due regard to the safety and risk of investment, all available funds shall be managed in conformance with these legal and administrative guidelines (the Policy) and, to the maximum extent possible, surplus funds shall be invested at the highest rates obtainable at the time of investment. Adequate operating funds shall be maintained in a depository institution(s) which affords the City safety with respect to its funds, as well as the ability to meet all of the City’s cash receipt and disbursement needs. Effective cash management is recognized as essential to good fiscal management. A conscientious cash management and investment policy will be adopted to meet the City’s financial obligations, and take advantage of investment interest as available and material revenue for all operating and capital funds. The City’s Portfolio shall be designed and managed in a manner responsive to the public trust and consistent with State and local law. Investments of surplus funds shall be made with the primary objectives of: • Compliance with all legal requirements • Preservation of capital and protection of principal • Maintenance of liquidity essential to fund operations • Maximization of return on the Portfolio • Development of the local economy Earnings from investments will be used in a manner that will best serve the interests of the citizens of Fresno. (Note: A Glossary of cash management and investment terms is included in Appendix C.) i TABLE OF CONTENTS PREFACE ............................................................................................................................ I EXECUTIVE SUMMARY ................................................................................................ 1 I. INVESTMENT RESONSIBILITIES .......................................................................... 3 A. Legal Requirements ................................................................................................ 3 1. Investment Authority ........................................................................................ 3 2. Investment Policy.............................................................................................. 3 3. Investment Reporting ........................................................................................ 4 4. Authorized Investments .................................................................................... 4 5. Collateral Requirements.................................................................................... 5 6. Prudent Person Rule .......................................................................................... 5 7. Investment Objectives ....................................................................................... 6 8. Securities Dealers.............................................................................................. 6 9. Prohibited Investments...................................................................................... 7 10. Trading Securities ............................................................................................. 7 11. Safekeeping ....................................................................................................... 7 B. Scope ....................................................................................................................... 8 1. Applicability ..................................................................................................... 8 2. Exclusions ......................................................................................................... 8 C. Standards of Conduct .............................................................................................. 9 1. Prudent Investor Rule ....................................................................................... 9 2. Ethical Standards ............................................................................................ 10 3. Conflicts of Interest, Gifts, Gratuities ............................................................. 10 II. INVESTMENT OBJECTIVES ................................................................................. 10 A. Compliance with Legal and Professional Direction ............................................. 10 B. Safety of Capital ................................................................................................... 10 C. Maintenance of Adequate Liquidity ..................................................................... 11 D. Return on Investments .......................................................................................... 11 E. Local Development Program ................................................................................ 11 III. INVESTMENT POLICIES ....................................................................................... 11 A. Policies to Ensure Legal Compliance and Safety of Principal ............................. 11 1. Managing Financial Credit Risk ..................................................................... 11 2. Managing Custodial Credit Risk ..................................................................... 16 3. Managing Concentration of Credit Risk ......................................................... 16 4. Managing Interest Rate Risk ........................................................................... 16 ii 5. Managing Foreign Currency Risk ................................................................... 17 B. Policies to Ensure Adequate Liquidity ................................................................. 17 1. Depository Balances ....................................................................................... 17 2. Repurchase Agreement Maturities .................................................................. 17 3. Security Marketability .................................................................................... 17 4. Scheduling Maturities Or Maintaining A “Barbell” ....................................... 18 5. Investments in LAIF ....................................................................................... 18 C. Policies To Achieve Investment Return Objectives ............................................. 18 1. Yield Objective ............................................................................................... 18 2. Portfolio Management Style ........................................................................... 18 3. Portfolio Maturity Management ..................................................................... 19 4. Bond Swaps .................................................................................................... 19 5. Competitive Bidding, Negotiation .................................................................. 19 6. Securities Lending .......................................................................................... 19 D. Policies To Encourage Local Development .......................................................... 20 1. Program Description ....................................................................................... 20 2. Program Objectives ......................................................................................... 20 3. Apportionment ................................................................................................ 20 4. Program Conditions For Local Financial Institutions ..................................... 21 5. Program Conditions For Broker-Dealers ........................................................ 21 IV. INVESTMENT FUNCTION ORGANIZATIONAL STRUCTURE ....................... 22 A. Department of Finance .......................................................................................... 22 1. Accounting Division ....................................................................................... 22 2. Purchasing Division ......................................... Error! Bookmark not defined. B. Treasury Section Responsibilities and Staffing – Investment Program Per GC 41006..................................................................................................................... 23 1. Treasurer ......................................................................................................... 23 2. Assistant Controller (a deputy per GC 41006) ............................................... 23 3. Treasury Officer (a deputy per GC 41006) ..................................................... 23 4. Accountant-Auditor II (a deputy per GC 41006) ............................................ 24 C. Compensation Agreement ..................................................................................... 24 V. INVESTMENT OPERATING PROCEDURES ....................................................... 24 A. Investment Program Development ....................................................................... 24 1. Overview ......................................................................................................... 24 2. Program Organization ..................................................................................... 24 3. Program Operations ........................................................................................ 24 iii B. Market and Economic Analysis ............................................................................ 25 1. Overview ......................................................................................................... 25 2. Data Analysis .................................................................................................. 25 C. Selection Criteria For Local Financial Institutions and Broker-Dealers .............. 25 1. Selection Criteria for Local Financial Institutions .......................................... 25 2. Selection Criteria For Broker-Dealers ............................................................ 26 D. Instrument Selection ............................................................................................. 26 1. Liquidity Needs ............................................................................................... 26 2. Portfolio Structure and Policy Guidelines ...................................................... 27 3. Current and Expected Yield Curve Analysis .................................................. 27 4. Yield Spread Analysis..................................................................................... 27 E. Bond Swaps .......................................................................................................... 27 1. Overview ......................................................................................................... 27 2. Criteria For Swaps .......................................................................................... 27 3. Criteria For Analyzing Swap Candidates ....................................................... 27 4. Identification of Swap Candidates .................................................................. 27 5. Categories of Swaps ........................................................................................ 28 F. Certification .......................................................................................................... 28 VI. PERFORMANCE EVALUATION AND REPORTING ......................................... 28 A. Standard Monthly Reports .................................................................................... 28 1. Month-end Report ........................................................................................... 28 2. Maturity Distribution Report .......................................................................... 29 3. Portfolio Position Detail ................................................................................. 29 4. Custom Reports Are Available On Request ................................................... 29 B. Changes To The Policy ......................................................................................... 29 APPENDIX A ................................................................................................................... 30 APPENDIX B ................................................................................................................... 35 APPENDIX C ................................................................................................................... 42 APPENDIX D ................................................................................................................... 51 iv EXECUTIVE SUMMARY • Investments of surplus funds and deposits of operating funds by local agencies in California are primarily governed by State laws found in Government Code (GC) Section 53600, et.seq. • GC Section 53646 encourages, and Fresno Municipal Code (FMC) 7-104 requires, that Council annually adopt a Policy applicable to City of Fresno investments of surplus funds and deposits of operating funds. • In addition, the Governmental Accounting Standards Board (GASB) requires extensive reporting and disclosure regarding the City’s investment program through GASB Statements 3, 31, 40, and 72. • As stated in the Policy, the objectives of the City’s investments program for surplus funds are (1) safety of capital (2) adequate liquidity (3) market yield and (4) local economic development. • Legal compliance is assured because the investments authorized for the City are either approved with the same parameters permitted by State law, or have more stringent parameters. For example State law has no limits on the number of Agency Notes. The City’s Policy limits no more than 70 percent of the Portfolio to Agency Notes, with no more than 50 percent for any one issuer. • Safety of capital is assured by managing financial credit risk (the risk of default by the issuer), custodial credit risk, (the risk of losing investments not held in the City’s name), concentration of credit risk, (the risk of not adequately diversifying), interest rate risk (the risk of declines in market value when interest rates rise), and foreign currency risk (the risk of loss due to fluctuations in the value of foreign debt instruments.) • Financial credit risk is managed by limiting investment choices to those authorized by State law. Custodial risk is managed by requiring a third party custodian for all investments. Concentration of credit risk is managed by assuring adequate diversification as noted above, for example, with regard to Agency Notes. Interest rate risk is managed by limiting the portfolio to a weighted average maturity not to exceed three years. Foreign currency risk is managed by limiting investments to only dollar denominated instruments. • Adequate liquidity is assured by maintaining an adequate balance of operating funds in the City’s bank account, and with respect to surplus funds, by owning marketable securities which can easily be liquidated or sold, by maintaining a maturity schedule that assures a regular stream of cash flow, and by maintaining a sufficient amount of funds in immediately liquid accounts such as the Local Agency Investment Fund (LAIF). • Investment return objectives are achieved by analysis of the market and the investments available, by maintaining an active style of investment management, by swapping bonds if advantageous, by requiring competitive bidding and negotiation when appropriate, and by engaging in securities lending if appropriate. 1 • The objective of local economic development is pursued by allowing up to $15,000,000 of the Portfolio for purchases of Certificates of Deposit from local financial institutions. • The cash management function is organized by the City (ex-officio) Treasurer (“the Treasurer”), who also serves as the City’s Controller. The Treasurer sets overall policy and objectives for the cash management program. The Treasury Officer and Treasury staff, determine and take action to meet the City’s operating fund needs. If surplus funds are available, the Treasury Officer selects investments, with the approval of the Treasurer or Assistant Controller. One of the Treasury staff other than the Treasury Officer performs the accounting for the Portfolio and prepares monthly reports of investment activity. This segregation of duties is integral to strong internal control in the cash management program. • The Treasury Officer, with the advice and direction of the Treasurer, performs the day-to- day management of the Portfolio. The markets and economic activity are monitored daily along with possible investments and actions that would benefit the Portfolio. Data are analyzed and investment decisions are made by the Treasury Officer and approved by the Treasurer or Assistant Controller. • Reports of the results of the cash management program are made monthly. The Reports detail the disposition of all of the City’s surplus funds. Reports show the categories of the investments. Holdings in the Portfolio, including the par, book, and market value of each investment are also shown. The Reports also show the asset mix in the Portfolio, the range of maturities and a comparison of earned interest for the current month and earned interest for the fiscal year to prior year numbers. • After adoption of this Policy by Council, any material changes must be approved by Council. 2 I. INVESTMENT RESONSIBILITIES A. Legal Requirements The primary sources of law regarding the investment practices and procedures for the City of Fresno are laws passed by the State of California, the Fresno City Charter and the FMC. Federal law and Fresno County ordinances are not generally a source of direction with regard to the management of the City of Fresno deposit and investment program. The State has declared its intention to govern investment and deposit activity for local agencies under various California GC Sections. GC Sections 53630.1 and 53600.6 state that: “The Legislature hereby finds that the solvency and creditworthiness of each individual local agency can impact the solvency and creditworthiness of the state and other local agencies within the state. Therefore, to protect the solvency and creditworthiness of the state and all of its political subdivisions, the Legislature hereby declares that the deposit and investment of public funds by local officials and local agencies is an issue of statewide concern.” 1. Investment Authority a. State Law GC Section 41001 identifies the city treasurer as the city official responsible for receiving and safekeeping all money received as treasurer. GC Section 41006 authorizes the city treasurer to appoint “deputies” for whose acts the treasurer and their bondsmen are responsible. GC Section 53601 authorizes the legislative body of a local agency to invest “surplus funds,” money not required for the immediate needs of the local agency. GC 53607 authorizes the City Council to delegate its authority to invest to the treasurer of the local agency for a one-year period. b. City Law Section 804 of the Charter of the City of Fresno creates the position of City Controller, who shall be appointed by the Chief Administrative Officer with the approval of the City Council. The Controller is to have charge of the financial affairs of the City under the Chief Administrative Officer. Section 7-901 of the FMC appoints the Controller as the (ex-officio) Treasurer of the City, and requires that all funds received by the City be promptly paid into the City’s Treasury. 2. Investment Policy a. State Law GC Section 53646 encourages local agencies to prepare an annual investment policy to be submitted to the agency’s legislative body for its consideration at a public meeting. 3 b. City Law FMC Section 7-104 requires that the Controller shall annually prepare and submit an investment policy to the City Council for its approval. The policy is to include a policy statement, policy scope, policy objectives, and various other investment provisions addressing authorized investments, portfolio diversification, internal controls and other requirements as deemed appropriate by the Controller. 3. Investment Reporting a. State Law GC Section 53646 encourages that a quarterly investment report be prepared by the treasurer or chief financial officer and submitted to the City Council within 30 days following the end of the quarter covered by the report. GC 53607 requires that the treasurer make a monthly report of investment transactions to the City Council. b. City Law Although there is no legal requirement set forth in the City Charter or the FMC to do so, the Treasurer of the City of Fresno follows State law and submits monthly reports of investment activity to the City Council, in accordance with Section VI.A. of this Policy within 30 days after the end of the month covered by the report or as soon thereafter as the month is closed and it is practicable. 4. Authorized Investments a. State Law GC Section 53601 establishes the types of investments allowed, the maximum allowable percentage limits for each investment type, acceptable maturities, quality of ratings allowed, and maximum allowable percentage by issuer. GC Section 53601.8 provides for the investment of a portion of the City’s surplus funds in certificates of deposit at a commercial bank, savings bank, savings and loan association, or credit union that uses a private sector entity that assists in the placement of certificates of deposit. In addition, GC 16429.1 authorizes local agencies like the City to invest monies in the LAIF established by the State Treasurer for the benefit of local agencies. b. City Law The City Charter and municipal code do not deal with the types of investments permitted for the City of Fresno. Through this Policy, the City of Fresno conforms to State Law with regard to authorized investments. (See Section III.A.1. Also, Appendix D contains a comparison of State and City authorized investments). c. Grandfather Clause 4 Any investment held by the City of Fresno at the time this Policy is adopted shall not be sold to conform to any part of this Policy unless its sale is judged to be prudent by the City Treasurer. 5. Collateral Requirements a. State Law There are no collateral requirements for investments of surplus funds held in the City’s treasury in accordance with GC Section 53601. GC Section 53601.8 (c) requires that the full amount of principal and interest accrued on local agency funds invested in certificates of deposit in accordance with the provisions of GC Section 53601.8 shall at all times be insured by the Federal Deposit Insurance Corporation (FDIC) or the National Credit Union Administration (NCUA). GC Section 53635.2 requires that funds not invested in accordance with GC Section 53601, should “as far as possible” be deposited in eligible financial institutions in California. This money constitutes the City’s operating funds. For public operating funds in demand deposit accounts with financial institutions, GC Section 53652 requires that such funds must be collateralized by the institution with a market value of eligible securities listed in GC Section 53651, in excess of the total amount of all deposits secured by such eligible securities, by varying percentage amounts, depending on the type of security. Depository institutions are required to contribute such collateral to a pool of securities held in the name of and administered by the California Collateral Pool Administrator, an official with the California Department of Financial Institutions, and held by the Federal Reserve Bank as custodian. b. City Law FMC Section 7-101 governs the collection and custody of City moneys and requires all such funds to be paid promptly into the City’s Treasury, for deposit into financial institutions as determined to be most advantageous to the City by the Controller, with the approval of the City Council. 6. Prudent Person Rule a. State Law GC Section 53600.3 identifies those who invest money on behalf of local agencies as trustees and therefore fiduciaries subject to the prudent investor standard. A trustee is required to survey general economic conditions and the anticipated needs of the agency, and act in accordance with a level of care, skill, prudence and diligence under the circumstances then prevailing, in order to safeguard the principal of the investment and maintain the liquidity needs of the agency. 5 b. City Law The City Charter and the FMC do not specifically address the requirement for City personnel engaged in the investment process to act in accordance with the prudent person rule. However, this Policy does require the Prudent Person standard of behavior with respect to the City’s Investment Portfolio. (See Section I.C.1.) 7. Investment Objectives a. State Law GC Section 53600.5 requires that a trustee investing public funds must have the following objectives with regard to investment activities in the priority stated: Safety of principal, (First priority), Liquidity needs of the local agency (Second priority), and a Return on the funds under his/her control (Third priority). Also, with regard to the Return on investments, GC Section 53601.6(b) prohibits a local agency from investing funds in any security that could result in a zero interest accrual if held until maturity. b. City Law The City Charter and the FMC do not specifically note these requirements, but this Policy states that Safety, Liquidity and Yield constitute the first three objectives of the City’s investment program. In addition, this Policy prohibits investing in any investment that could result in a zero interest accrual. (See Section III.) 8. Securities Dealers a. State Law GC Section 53601.5 requires that any investments purchased by a local agency, must be obtained from either the issuer, or, if in the secondary market, from an institution licensed by the State as a broker-dealer, as defined in Section 25004 of the Corporation Code, or from a member of a federally regulated securities exchange, from a national or state-chartered bank, from a savings association or federal association (as defined by Section 5102 of the Financial Code) or from a brokerage firm designated as a primary government dealer by the Federal Reserve Bank. b. City Law The Charter and the FMC do not directly cover the requirements for broker- dealers, but this Policy conforms to State Law with regard to those who wish to maintain a broker-dealer relationship with the City. (See Section V.C.) 6 9. Prohibited Investments a. State Law GC Section 53601.6 (a) prohibits a local agency from investing any public funds in inverse floaters, range notes, or mortgage-derived, interest-only strips. b. City Law While the Charter and the FMC do not specifically deal with this issue, this Policy does conform to State Law and prohibits investment in inverse floaters, range notes, or mortgage-derived, interest-only strips. (See Section III.A.1.b.) 10. Trading Securities a. State Law GC Sections 53603, 53604, and 53605 combined permit an investment strategy other than “buy and hold.” These Code sections allow the purchase of an investment when issued or in the market, after it has been issued, and they also permit selling or exchanging an investment prior to maturity, in order to raise capital for the original purpose of the investment, or as otherwise desired. b. City Law The Charter and the FMC do not discuss the circumstances under which investments will be bought and sold, but this Policy follows State Law in permitting the City to trade securities if it is advantageous to the City to do so, and will not constitute a deviation from other Sections of this Policy. (See Sections III.C. and V.E.) 11. Safekeeping a. State Law GC Section 53608 permits the safekeeping function for a local agency to be delegated by the City Council to the City Treasurer. Securities may be deposited in a number of institutions including a Federal or State association (as defined by Section 5102 of the Financial Code), a trust company or a State or national bank located in California, with any branch of the Federal Reserve Bank, or with any State or national bank located in a (Federal) reserve city. By implication, what is not permitted is the deposit of securities with a “counterparty” or the broker- dealer from whom the securities were purchased. b. City Law Neither the Charter nor the FMC prescribe standards regarding the safekeeping of securities. However, this Policy conforms to State Law and requires City securities to be held by a third party custodian. (See Section III.A.2.) 7 B. Scope 1. Applicability a. Investment Pool This Policy applies to all monies under the control of the Treasurer of the City of Fresno, normally used in the day-to-day operations of the City, or which are not required for immediate use. The former funds are defined herein as “operating funds.” The latter funds are referred to in GC Section 53601 as “surplus funds.” Operating funds shall be deposited in the City’s demand deposit account (checking account) with its depository institution, in accordance with Section I.A.5. of this Policy. The amount of funds kept on deposit in this account shall be determined by the Treasurer, and the Treasurer’s deputies, to meet the demands of the City’s daily operations. This practice meets the responsibility delegated to the Treasurer by the Fresno City Council, in accordance with Section I.A.1.a. and Section IV.B. of this Policy. In meeting this same responsibility with respect to surplus funds, all such monies entrusted to the Treasurer will be pooled in a diversified portfolio (Investment Pool or the Portfolio). The City Treasurer and staff will monitor economic and other conditions, and manage the Portfolio on an active basis. b. Fund Accounting The monies covered by this Policy are accounted for in the City’s General Ledger, and reported in the City’s Comprehensive Annual Financial Report (CAFR). These financial assets are accounted for by means of fund accounting, in accordance with Generally Accepted Accounting Principles (GAAP) for Governmental entities. The Fund types used to account for them are: • General Fund • Special Revenue Funds • Capital Projects Funds • Enterprise Funds • Internal Service Funds • Fiduciary-Agency Funds 2. Exclusions a. Deferred Compensation Funds The assets and investments comprising the Deferred Compensation Fund are specifically excluded from coverage by this Policy. Investment of these funds is directed by each employee in accordance with the rules of the Deferred Compensation Plan of the City. 8 b. Successor Agency to the Redevelopment Agency of the City of Fresno In addition, this Policy is not applicable to funds held by the Successor Agency to the Redevelopment Agency (RDA) of the City of Fresno. Although a component unit of the City of Fresno, the RDA administers its funds separately from the City, and does not come under the authority of the City Treasurer. c. Retirement Systems Also excluded are all investments of the City of Fresno Retirement Systems, including the assets held in the General Employees System, and both Police and Fire Systems. These assets, both City and employee contributions, are governed by and are under the control of the Retirement Systems Board of Directors. d. Bond or Loan Proceeds Bond or other proceeds resulting from the City’s indebtedness, held by a trustee on behalf of the City’s creditors, or in accordance with federal requirements, typically to be used in conjunction with the construction of various capital projects, are also specifically excluded from the scope of this Policy. Furthermore, monies held by a trustee or fiscal agent and pledged to the payment or security of bonds or other indebtedness, known as “Reserve Funds,” or obligations under a lease, installment sale, or other agreement of the City, or certificates of participation in those bonds, indebtedness, or lease installment sale, or other agreements are also excluded from the scope of this Policy. Pursuant to GC Section 53601(m), such funds may be invested in accordance with the statutory provisions governing the issuance of those bonds, indebtedness, or lease installment sale, or other agreement, or to the extent not inconsistent therewith or if there are no specific statutory provisions, in accordance with the ordinance, resolution, indenture, or agreement of the City in providing for the issuance, rather than through the application of this Policy. C. Standards of Conduct 1. Prudent Investor Rule The standard of prudence to be used by investment officials for the City of Fresno shall be the “prudent person” standard and shall be applied in the context of managing an overall portfolio. Per GC Section 53600.3, the “prudent person” standard states that “When investing, reinvesting, purchasing, acquiring, exchanging, selling or managing public funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated needs of the agency, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the agency.” Investment officers acting in accordance with written procedures and exercising due diligence shall be relieved of personal responsibility for an individual security’s credit risk or market price changes, 9 provided deviations from expectations are reported in a timely fashion and appropriate action is taken to control adverse developments. 2. Ethical Standards Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with the proper execution and management of the investment program, or that could impair their ability to make impartial decisions. Officers and employees shall refrain from undertaking personal investment transactions with the same individual with whom business is conducted on behalf of the City. 3. Conflicts of Interest, Gifts, Gratuities The City fully supports the disclosure process required by the Political Reform Act and each individual involved in the City’s investment program shall be required to complete Form 700, Statement of Economic Interests, annually, in accordance with GC Sections 87100-87350. Employees and investment officers shall disclose any material financial interests in firms that conduct business within the City’s jurisdiction, and shall further disclose any personal financial/investment positions that could be related to the performance of the City’s Portfolio. A single gift or multiple gifts from a single donor, whose value exceeds $50 during a calendar year must be reported. Also, the limit on gifts or gratuities from a single source during a single year is a total of $500. These limits shall be strictly observed. II. INVESTMENT OBJECTIVES A. Compliance with Legal and Professional Direction In conducting its investment program, the City shall comply with all State and City legal directives, conform to GAAP as promulgated by the GASB, particularly GASB Statements 3, 31, 40, and 72, and avail itself of guidance furnished by governmental and industry professional organizations, including but not limited to the California Debt and Investment Advisory Commission (CDIAC), the Government Finance Officers Association (GFOA), the California Municipal Treasurer’s Association (CMTA), the California Society of Municipal Finance Officers (CSMFO), the Municipal Treasurers Association of the United States and Canada (MTAUS&C), the Association of Finance Professionals (AFP) and the Public Treasury Institute (PTI). It shall be the Policy of the City to ensure that staff involved in the investment program have regular training and adequate information resources provided by the preceding governmental and industry professional organizations. B. Safety of Capital The City of Fresno’s first and most important objective in conducting its investment program is to ensure the safety of principal, considering the portfolio as a whole. In a well-diversified portfolio, at any particular point in time, security valuations may be impacted either favorably or unfavorably by changes in interest rates and economic conditions. Specific policies to ensure the safety of principal are presented in Section III.A. “Policies to Ensure Legal Compliance and Safety of Principal.” 10 C. Maintenance of Adequate Liquidity The City’s Investment Portfolio must be structured in a manner that will provide the liquidity necessary to pay obligations as they become due. This is the second objective of the investment program. Specific policies by which the City ensures the maintenance of adequate liquidity are described in Section III.B. “Policies to Ensure Adequate Liquidity.” D. Return on Investments The City shall seek to optimize return on investments within the constraints of safety and liquidity. This third objective of the City investment program shall be to achieve a rate of return on funds that is comparable to that achieved by LAIF. Specific policies regarding investment rate of return are presented in Section III.C. “Policies to Achieve Investment Return Objectives.” E. Local Development Program Fourth, the City of Fresno seeks to promote local economic development through various programs and activities. Included is the Treasurer’s program of placing funds with local financial institutions who demonstrate a commitment to private economic growth, local housing investment and other community services. While investment in local financial institutions may result in a lower net yield for the Portfolio, the benefit to be derived is a potential expansion of the City’s tax base. Specific policies regarding local investments are presented in Section III.D, “Policies to Promote Local Economic Development.” III. INVESTMENT POLICIES A. Policies to Ensure Legal Compliance and Safety of Principal Ensuring compliance with State law and safety of principal are accomplished by minimizing three types of risk: credit risk, interest rate risk and foreign currency risk. There are three sub-types of credit risk: financial risk, custodial credit risk, and concentration of credit risk. Financial risk is the risk that the issuer of an investment instrument will default on it and not pay the debt. Custodial credit risk is the risk of losing an ownership interest in a security because it was held in the name of the selling firm in the transaction, and that firm experienced financial stress, making access to the security impossible. Concentration of credit risk refers to the risk of owning too many investments of one issuer. Interest rate risk is the risk of the loss of market value of an investment if interest rates should rise after the purchase. Foreign currency risk is the risk of the possible loss of an investment’s value when it is converted from a foreign currency into U.S. dollars. 1. Managing Financial Credit Risk 11 a. Authorized Investments The most effective method for minimizing the risk of default by an issuer is to invest in high quality obligations. Also, since these obligations are the only ones permitted by State law, investing in them is also the most effective way to maintain legal compliance. Therefore, it is the Policy of the City of Fresno to purchase only those obligations specified in GC Section 53601, GC Section 53601.8, and GC Section 16429.1. These are as follows: (1.) City of Fresno bonds, including revenue bonds, maturing within five years of the date of purchase. There shall be no percentage limitation of the Portfolio that can be invested in this category. (2.) United States Treasury notes, bonds, bills, or certificates of indebtedness, or those for which the faith and credit of the United States are pledged for the payment of principal and interest, maturing within five years of the date of purchase. There shall be no percentage limitation of the Portfolio that can be invested in this category. (3.) Registered California warrants, treasury notes or bonds, including revenue bonds maturing within five years of the date of purchase. There shall be no percentage limitation of the Portfolio that can be invested in this category. (4.) Registered treasury notes or bonds of any of the other 49 United States in addition to California, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by a state or by a department, board, agency, or authority of any of the other 49 United States, in addition to California. There shall be no percentage limitation of the Portfolio that can be invested in this category. (5.) Bonds, notes, warrants or other evidences of indebtedness of any local agency within California, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by the local agency, or by a department, board, agency, or authority of the local agency. There shall be no percentage limitation of the Portfolio that can be invested in this category. (6.) Federal Agency or United States Government-Sponsored Enterprise obligations, participations, or other instruments including those issued by or fully guaranteed as to principal and interest by Federal agencies or United State Government-Sponsored Enterprises, maturing within five years of the date of purchase. These include, among others, issues of the Government National Mortgage Association (GNMA), the Federal Farm Credit Bank System (FFCB), the Federal Home Loan Bank Board (FHLB), the Federal Home Loan Mortgage Corporation (FHLMC), the Federal National Mortgage Association (FNMA), the Student Loan Marketing Association (SLMA), and the Federal Housing Administration (FHA). According to the Government Code, there is no percentage limitation of the Portfolio that can be invested in this category. However, the City Policy is that no more than 70 percent of the City Portfolio shall be composed of investments in 12 this category. Likewise, although the Government Code has no limitation on the percentage of the Portfolio that can be invested in any one of the issuers referenced in this paragraph, the Policy of the City of Fresno is to limit the percentage of the City’s Portfolio that can be invested in any one of these issuers to 50 percent. (7.) Banker’s Acceptances are bills of exchange or time drafts drawn on and accepted by a commercial bank. Banker’s Acceptances may not exceed 180 days to maturity at the time of purchase. No more than 40 percent of the Portfolio may be invested in this category, with no more than 30 percent of the Portfolio invested in the obligations of any one bank. Only Banker’s Acceptances eligible for purchase by the Federal Reserve System meet the eligibility requirements for investment in the Portfolio. (8.) Commercial Paper ranked “P-1” by Moody’s Investor Services or “A-1” by Standard and Poor’s and issued by a domestic corporation having assets in excess of $500,000,000 and having an “A” or better rating on its long-term debentures as provided by Moody’s or Standard and Poor’s. Purchases of eligible commercial paper may not exceed 25 percent of the Portfolio, nor have a term to maturity at time of purchase in excess of 270 days. The City is limited to purchasing no more than 10 percent of the outstanding commercial paper of any one issuer. (9.) Negotiable Certificates of Deposit issued by nationally or State-chartered banks, savings associations, or a federal association (as defined by Section 5102 of the California Financial Code), a state or federal credit union, or by a state-licensed branch of a foreign bank, not to exceed the net equity of the financial institution, and not to exceed a total concentration of 30 percent of the Portfolio, and maturing within five years of the date of purchase. These are not Time Deposits that would ordinarily be purchased from banks (See Section III.D.4. for information about the City’s Time Deposit investments.) Also, Negotiable CDs cannot be purchased from institutions for which City investment officials serve as members of the governing board. (10.) Investments in repurchase agreements, reverse repurchase agreements, or securities lending agreements of any securities authorized by this Policy. The term for repurchase agreements may not exceed one year, and the market value of the underlying securities must maintain a value of 102 percent or greater of the funds borrowed against those securities. Conditions for reverse repurchase agreements and securities lending agreements are that the securities to be sold or lent must have been owned for a minimum of 30 days prior to the transaction, the total amount of securities must not exceed 20 percent of the Portfolio, the agreement must not exceed a term of 92 days, unless there is a guaranteed spread for the entire period, the borrowed funds will not be invested for more than 92 days, unless, again, there is a guaranteed spread for the entire period, and, finally, these agreements may only be made with the prior approval of the City Council. 13 (11.) Medium-term notes are all corporate and depository institution debt securities with a maximum of five years or less remaining to the date of maturity at the time of purchase, issued by corporations organized and operating within the United States or by depository institutions licensed by the United States or any state and operating within the United States. Notes eligible for investment shall be rated in a rating category of “A” or better by a nationally recognized rating service. No more than 30 percent of the Portfolio may be invested in medium-term notes. Likewise, the State limits investments in the medium term notes of a single issuer to no more than 30 percent of the Portfolio. However, this Policy further limits investment in the medium term notes of any one issuer to no more than 20 percent of the Portfolio. The limit on the amount of a single issuer’s debt which may be purchased remains the same as that of the State, 100 percent. (12.) Shares of beneficial interest issued by diversified management companies, otherwise known as Mutual Funds, who invest in the securities and obligations authorized by this Policy. To be eligible for investment, these companies shall either: (1) attain the highest ranking or the highest letter and numerical rating provided by two of the largest nationally recognized rating services, or (2) have an investment adviser registered with the Securities and Exchange Commission with at least five years’ experience investing in the securities authorized by this Policy, and with assets under management in excess of $500,000,000. Investment in any one Mutual Fund shall not exceed 10 percent of the Portfolio, while the total of all Mutual Fund investments shall not exceed 20 percent of the Portfolio. Also, the purchase price of shares shall not include any commission that the companies may charge. (13.) Shares of beneficial interest issued by diversified management companies that are Money Market Funds registered with the Securities and Exchange Commission under the Investment Company Act of 1940. To be eligible for investment, these companies shall either (1) attain the highest ranking or the highest letter and numerical rating provided by not less than two nationally recognized statistical rating organizations, or (2) retain an investment adviser registered or exempt from registration with the securities and Exchange Commission with not less than five years’ experience managing Money Market Mutual Funds with assets under management in excess of $500,000,000. Investment in Money Market Funds shall not exceed 20 percent of the Portfolio, and shall not include in the purchase price of shares any commission that the companies may charge. (14.) Any mortgage pass-through security, collateralized mortgage obligation, mortgage-backed or other pay-through bond, equipment lease-backed certificate, consumer receivable pass-through certificate, or consumer receivable-backed bond of a minimum of five years’ maturity at the time of purchase. Securities eligible for investment under this subdivision shall be issued by an issuer having an “A” or higher rating for the issuer’s debt as provided by a nationally recognized rating service and rated in a rating category of “AA” or its equivalent or better by a nationally recognized 14 rating service. Purchase of securities authorized by this Policy may not exceed 20 percent of the Portfolio. (15.) Shares of beneficial interest issued by a joint powers authority organized pursuant to GC Section 6509.7 that invests in the securities and obligations authorized in paragraphs (1.) to (14.), inclusive. Each share shall represent an equal proportional interest in the underlying pool of securities owned by the joint powers authority. To be eligible under this section, the joint powers authority issuing the shares shall have retained an investment advisor that meets all of the following criteria: (i) the adviser is registered or exempt from registration with the Securities and Exchange Commission (ii) the adviser has not less than five years of experience investing in the securities and obligations authorized in paragraphs (1.) to (14.), inclusive, and (iii) the adviser has assets under management in excess of five hundred million dollars ($500,000,000). In accordance with State Law, there are no limits on the percentage of the Portfolio that may be invested in these shares. (16.) Deposits made with a “selected” depository institution, in accordance with GC Section 53601.8, that uses a private entity that assists in the placement of certificates of deposit with one or more commercial banks, savings banks, savings and loan associations, or credit unions. Such deposits shall at all times be insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration. The selected depository institution shall serve as custodian for each certificate of deposit that is issued with placement service for the local agency’s account. (17.) Deposits in LAIF, up to the maximum permitted by the State Treasurer, currently $65,000,000 per account, for the purpose of investment. The City considers LAIF to be an external investment pool subject to the reporting requirements of GASB Statement 31, which requires that LAIF deposits be reported at fair market value. (18.) United States dollar denominated senior unsecured unsubordinated obligations issued or unconditionally guaranteed by the International Bank for Reconstruction and Development, International Finance Corporation, or Inter-American Development Bank, with a maximum remaining maturity of five years or less, and eligible for purchase and sale within the United States. Investments under this subdivision shall be rated “AA” or better by an NRSRO and shall not exceed 30 percent of the Portfolio. b. Prohibited Investments (1.) The City shall not invest any funds in investment instruments not listed in Section III.A.1.a. (2.) The City shall not invest any funds in those investment instruments identified as “inverse floaters,” “range notes,” or “mortgage-derived, interest-only strips.” 15 (3.) The City shall not invest any funds in any security that could result in zero interest accrual if held to maturity. 2. Managing Custodial Credit Risk To protect against fraud, embezzlement, or potential losses resulting from the financial collapse of securities dealers, all securities owned by the City shall be held in the name of the City for safekeeping by a third party bank trust department, acting as agent for the City under the terms of a custody agreement or professional services agreement, executed by the bank and the City. All securities will be purchased and delivered using standard delivery-versus-payment (DVP) procedures through the City’s safekeeping agent. No outside broker/dealer or advisor may have access to City funds, accounts or investments, and no direct transfers of funds to an outside broker/dealer are permitted. Only indirect transfers may be made, through the City’s safekeeping agent. Upon purchase, sale, or maturity of investment securities, standing settlement instructions are provided to the servicing banks and broker/dealers involved in the transactions. Adherence to these standing settlement instructions ensures accurate and timely settlement of investment security transactions. Standing settlement instructions are restricted in nature, ensuring investment settlements are with established institutions. Deposits with financial institutions, and with LAIF, in accordance with GC Section 53601.8, GC Section 53635.2 and GC Section 16429.1, shall be evidenced by a certificate or official statement of the City’s account, issued by the financial institution or by LAIF, and retained in possession of the City. 3. Managing Concentration of Credit Risk The City believes that the most important means for ensuring safety of principal consists of purchasing investments of high credit quality, namely, those listed in Section III.A.1.a. At the same time, the City believes in the importance of a well- diversified Portfolio. It is the policy of the City to diversify its Investment Portfolio so that reliance on any one issuer or broker-dealer will not place an undue financial burden on the City. Accordingly, the permitted concentrations of investments, as a percentage of the Portfolio and per individual issuer, are as indicated in Section III.A.1.a.. They are also presented in a table in Appendix D, which compares them with the limits imposed by the State. 4. Managing Interest Rate Risk Interest rate risk is also referred to as “market risk.” It is the risk that, when selling an investment in the Portfolio, the price and the proceeds received will be less than the purchase price and amount invested. This results in the erosion of principal, or the realization of a capital loss. The longer the maturity date of bonds, the greater the price volatility, and the greater is the risk of principal erosion or selling the bond at a loss. Therefore, it is the City’s Policy to concentrate its investment portfolio in shorter-term securities in order to limit principal risk caused by changes in interest 16 rates. In no event will the City exceed the guidelines established by State law and invest in any security whose maturity date at the time of purchase is in excess of five years. In addition, the City manages interest rate risk by measuring the weighted average maturity of the Portfolio as a method of gauging the degree of interest rate risk to which the Portfolio is exposed. The weighted average maturity is a mathematical calculation wherein the average of the number of days or years to the maturity dates of all the investments in the Portfolio is weighted by the amounts of each investment. The greater the amount of the investment, the greater the role it plays in determining the average number of days to maturity. For the City of Fresno, the weighted average maturity of its Portfolio shall not exceed three years. By maintaining the weighted average maturity of the Portfolio below three years, the City successfully minimizes potential losses from interest rate increases. 5. Managing Foreign Currency Risk The City only invests in U.S. dollar denominated obligations. This successfully eliminates all risk of principal erosion due to fluctuations in the values of foreign currencies. B. Policies to Ensure Adequate Liquidity 1. Depository Balances On a daily basis, the Treasurer and Treasury Deputies shall review the status of the City’s demand deposit account, the expected inflows of cash from various sources, and the expected uses of cash for the day. The amount of funds needed for daily operations is determined, as is the amount of funds available to meet expected requirements. As a general rule, staff believes that an average balance of $15,000,000 in the City’s bank account is a reasonable target depository balance to meet operating fund requirements on any given day. The difference between expected sources and uses of cash determines whether there is a need for additional operating funds or there are surplus funds available for investment. Based on this analysis, the Treasurer and Treasury Staff seek to generate additional cash inflows or surveys the financial markets for suitable investments. In achieving the former, staff may determine that selling an investment is the most advantageous course to take, or selling shares in a money market fund, or LAIF. In achieving the latter, staff may consult with broker-dealers, review the financial markets via the news media or email communications, or conduct research via the City’s financial subscription service. At all times, staff shall endeavor to achieve a balance ensuring that operating funds remain sufficient to meet the City’s obligations, while any surplus funds are invested to achieve a financial return consistent with this Policy. 2. Repurchase Agreement Maturities Because no secondary market exists for repurchase agreements, the maximum maturity for repurchase agreements in the Portfolio is one year. 3. Security Marketability 17 Liquidity is very closely correlated with the marketability of investments in the Portfolio. Liquidity can be defined as the ability to sell an investment at or near the original purchase price paid for it, whenever desired. This can only occur if there is an active market for the type of security to be sold. Such a market only exists for high quality types of investments. Thus, in addition to the objectives of legality and safety, the City also ensures adequate liquidity by investing only in obligations permitted by GC 53601, GC 53601.8, and GC 16429.1 as described above in Section III.A.1.a. Authorized Investments. 4. Scheduling Maturities Or Maintaining A “Barbell” The Policy of the City is to maintain a schedule of maturities such that cash flow through maturities occurs in a manner adequate to fund City operations. As an alternative strategy, the City may maintain a “barbell” structure such that maturities are equally weighted toward a very short-term horizon (to provide liquidity) and a longer-term horizon (to provide higher yields). The Treasurer will determine which strategy will be most effective given current market conditions. 5. Investments in LAIF While the City maintains a high quality Portfolio, which will normally ensure the maintenance of adequate liquidity, either through a scheduled or “barbell” approach, the City must also be prepared for market aberrations which might serve to dampen liquidity, if only temporarily. Therefore, it is the Policy of the City to maintain an amount invested with LAIF that will provide adequate liquidity, as determined by the Treasurer, in the event that maturities in the Portfolio are not sufficient to fund operations, and securities cannot be sold to generate additional cash. C. Policies To Achieve Investment Return Objectives The policies set forth in this Section enable the City to achieve the yield objectives established for the Portfolio. 1. Yield Objective The City’s Portfolio is structured to attain a market-average rate of return through the ups and downs of various economic cycles. The performance measure used for the Portfolio is the yield achieved by the LAIF. This portfolio, managed by the California State Treasurer’s Office, establishes a standard for public funds in California. 2. Portfolio Management Style Management styles for fixed income portfolios range from a passive “buy and hold” approach to an extremely active “day trader” approach. It is the Policy of the City to manage the Portfolio in a semi-active style, in order to enhance the overall yield on the Portfolio. In employing a semi-active style, investments will not be purchased with the sole objective of holding them until maturity. Investments can and will be sold prior to maturity if advantageous to the City. At the same time, however, 18 buying solely in order to arbitrage and resell the investment constitutes speculation and this practice is expressly prohibited. 3. Portfolio Maturity Management As stated in Sections III.A.4. and III.B.3., when structuring the maturity composition of the Portfolio it is the Policy of the City to minimize interest rate risk and ensure adequate liquidity. Likewise, it is City Policy to evaluate current and expected interest rate yields and to invest accordingly, recognizing that the longer the time remaining to maturity for a security, the greater the price fluctuation which could occur, given changes in economic conditions and interest rate levels. 4. Bond Swaps The City takes advantage of security swap opportunities to improve Portfolio yield. A swap that improves Portfolio yield may be selected even if the transaction results initially in a loss. (See Section V.E.) 5. Competitive Bidding, Negotiation It is recognized that competitive bidding and negotiation for lower prices are two techniques that can enhance overall Portfolio yields. It is the Policy of the City to utilize one or both techniques, depending on the circumstances surrounding the transaction, when obtaining offers for the purchase of securities, or bids for the sale of securities. 6. Securities Lending a. Overview A securities loan is a transaction in which the owner of a security (the City) agrees to lend a security to a borrower (broker/bank) under terms negotiated at the time of the loan. During the period that a security is out on loan, the lender continues to have all the benefits of ownership. All interest or dividend income belongs to the lender. During the term of the loan, the borrower (broker/bank) pays a fee or interest to the lender (the City). During the term of the loan, the borrower must post collateral in the form of either cash or direct U.S. government and agency securities. The required collateral will always be in excess of the borrowed amount and be monitored by both parties. The term of the loan can be as short as overnight but usually averages 5 to 10 days. b. Policy It is the City’s Policy to enter into a securities lending program to enhance investment return. Securities lending will only be transacted with a written agreement approved by the City Attorney. The written agreement will detail: (1.) Acceptable types of collateral (2.) Standards of collateral custody and control 19 (3.) Collateral valuation and initial margin (4.) Accrued interest, mark-to-market, and margin calls (5.) Method for transmitting security income (6.) Acceptable methods for delivery of securities and collateral (7.) Conditions that will terminate the loan D. Policies To Encourage Local Development 1. Program Description In accordance with current Council policies on the facilitation of local economic development, and the legal direction cited in Section I.A.5. of this Policy, local financial institutions will be utilized to provide investment products for a portion of the City’s Portfolio. Such products will not necessarily result in maximum earnings for the Portfolio. However, the loss of short-term investment yields may be offset by the potential expansion of the tax base. Local financial institutions eligible for participation in this program are defined as: any financial institution whose deposits are insured by the Federal Deposit Insurance Corporation (for commercial and savings banks), the Savings Association Insurance Fund (for savings and loan associations), and the National Credit Union Share Insurance Fund (for credit unions) and organized and chartered under the laws of the United States or the State of California (collectively, the Institution), which also satisfies each of the following: (i) the Institution was founded and is headquartered in Fresno, Madera, Merced, Kings or Tulare County; (ii) the Institution shall be able to collateralize City funds in accordance with California GC Section 53652; and/or the Institution shall be able to use a private sector entity that assists in the placement of certificates of deposit in accordance with California GC Section 53601.8; (iii) if the Institution is a commercial bank, it shall have and maintain a Community Reinvestment Act (CRA) assessment area that includes all or substantially all of the low and moderate income census tracts in Fresno County and its most recent publicly available CRA rating in California is Satisfactory or Outstanding; and (iv) if the Institution is a credit union, a savings and loan association, or a savings bank, it shall have met the minimum operating standards required by its appropriate Federal or State regulatory body . Local broker-dealers may be used if they can supply the requisite investment instruments needed for the Investment Portfolio. 2. Program Objectives The objectives of the Program are to partner with local financial institutions with invested funds to be used for the economic development, housing investment and other community services for Fresno, and to achieve a local preference for Fresno broker-dealers who can provide the necessary financial products to the City. 3. Apportionment 20 The Program will earmark up to fifteen million dollars ($15,000,000) of the Portfolio for placement with local financial institutions. 4. Program Conditions For Local Financial Institutions a. Financial Institution Questionnaire All local financial institutions interested in the Program must complete a Depository Questionnaire (See Appendix A) and provide current and prior year audited financial statements, as well as the most recent quarterly statement of financial conditions. In the case of a bank, the bank’s latest CRA Report shall be submitted. For all other local financial institutions, their latest publicly available regulatory report shall be submitted. (See also Section V.C.1.) b. Collateral Requirements A local financial institution participating in the Program must be willing and able to collateralize City deposits in accordance with California GC Section 53652. Alternatively, the local financial institution must be able to use a private sector entity that assists in the placement of certificates of deposit, in accordance with GC Section 53601.8. c. Economic Development Time deposits, as evidenced by a certificate, or a statement of the City’s deposit, may be placed with those local financial institutions who qualify by certifying in the Depository Questionnaire that they have made loan(s) amounting to at least $250,000 in any of the City of Fresno’s low-income census tracts. If applicable, qualified institutions offering the highest interest rates will be given preference. d. Other Conditions (1.) An executed Contract For Deposit of Moneys per GC Section 53649 (2.) Collateralization required in accordance with GC Section 53652 or FDIC insurance in accordance with GC Section 53601.8 (c.) (3.) Waiver of collateral permissible per GC Section 53653 (4.) A certificate or statement evidencing the deposit and its terms is required (5.) No pending bank material adverse financial events (6.) No conflicts of interest with City officials (7.) Satisfactory Community Reinvestment Act rating 5. Program Conditions For Broker-Dealers a. Selection of Participant(s) 21 Local broker-dealers will be surveyed and selected in accordance with Section V.C.2. of this Policy. b. Maintenance of “Good Standing” The successful broker-dealer(s) and their firm must remain in good standing with the Securities and Exchange Commission (the “SEC”), the National Association of Securities Dealers (the “NASD”), and the State of California, in accordance with Section 25004 of the Corporations Code. c. Selection of Investment Instruments Investment instruments will be selected in accordance with Section III.A.1.a. of this Policy. IV. INVESTMENT FUNCTION ORGANIZATIONAL STRUCTURE A. Department of Finance The Director of the Department of Finance for the City of Fresno serves as the City’s Controller and Treasurer. He/she is responsible for providing the necessary organization and resources to maintain the City’s financial standing. Divisions reporting to the Director are: 1. Accounting Division a. Accounting Section This Section is responsible for central financial management functions, such as processing accounts payable, fixed asset management, enterprise and general accounting, grants management, and preparation of the City’s CAFR and State Controller’s Report. b. Payroll Section This Section is responsible for processing the City’s bi-weekly payroll, and ensuring adherence to and proper application of all bargaining unit agreements. 22 c. Treasury Section This Section is responsible for management of the City’s Investment Portfolio, daily cash management, debt administration, and bank reconciliations. d. Collections Section This Section is responsible for collection of various City of Fresno delinquent claims against others. e. Business Tax & Permits Section This Section is responsible for collecting taxes on business enterprises in the City of Fresno, and issuing licenses and permits for certain regulated activities and events. f. Purchasing Section The Purchasing Section is responsible for providing prompt and effective procurement services which meet the needs of City Departments in accordance with the spirit and requirements of the City Charter and Municipal Code while affording equal access to all entities seeking to do business with the City of Fresno. B. Treasury Section Responsibilities and Staffing – Investment Program Per GC 41006 1. Treasurer The Director of Finance/City Controller also serves as the City’s Treasurer. The Treasurer establishes overall policy, direction, and strategy for the City’s investment program. He/she also sets overall policy, direction and strategy with regard to cash receipts processing and coordination of bank relations. The Treasurer may approve investments made by the Treasury Officer. The Treasurer establishes internal controls to the maximum extent permitted by budgetary constraints for the safeguarding and protection of all City assets. A primary method of effecting good internal controls is a segregation of duties as detailed in this Section IV of the Policy. 2. Assistant Controller (a deputy per GC 41006) The Assistant Controller may approve investments made by the Treasury Officer. 3. Treasury Officer (a deputy per GC 41006) The Treasury Officer is responsible for executing the policies/strategies developed by the Treasurer, and monitors the daily operations of the Treasury Section. The Treasury Officer monitors daily market activity, confers with broker-dealers and banks, and selects investments for the City’s Investment Portfolio. The Treasury Officer makes recommendations for policy changes, strategies and procedures for accomplishing Treasury goals and objectives. 23 4. Accountant-Auditor II (a deputy per GC 41006) An Accountant-Auditor II in the Treasury Section, under the supervision of the Treasury Officer, is responsible for daily cash management. He/she is also responsible for accounting for investment transactions and preparing the monthly investment reports. C. Compensation Agreement The Treasurer will charge all City Departments with funds in the Portfolio for administrative and overhead costs to manage the Portfolio. The Treasurer shall annually prepare a proposed budget, providing a detailed itemization of all estimated costs that comprise the administrative fee charged. Costs include, but are not limited to, Portfolio management, bank and custodial fees, software maintenance fees, and other indirect costs incurred in connection with handling or managing funds. The administrative fee may be subject to change and may be increased or decreased throughout the year in order to cover the costs of managing the Portfolio. V. INVESTMENT OPERATING PROCEDURES A. Investment Program Development 1. Overview The investments of the City of Fresno are administered according to an investment program. The program is formulated by the Treasurer with the overall review and approval of the City Manager. The Treasurer shall evaluate the program at least monthly and recommend any changes that he/she feels to be warranted. 2. Program Organization The Treasury Officer shall review the investment program daily to analyze performance and monitor any variances from the Policy. Results will be reported monthly to the Treasurer, and, in turn, the City Manager, Mayor and the City Council. 3. Program Operations The investment program is developed by the Treasurer, Assistant Controller, Treasury Officer, Senior Accountant-Auditor or Accountant-Auditor II through the following procedures: a. Observe and summarize economic and market analysis b. Forecast available cash for investment. See III. B. 1. c. Formulate strategies concerning (1.) Asset mix (2.) Investment instruments (3.) Maturities 24 (4.) Target yields d. Monitor performance against the current investment program e. Evaluate any reasons for variance B. Market and Economic Analysis 1. Overview The Treasury Officer will be responsible for routinely performing market and economic analysis to support investment strategy development and program planning. This analysis will be performed using information obtained from investment advisors and brokers, as well as original data. The objective of the market and economic analysis will be to forecast probable market conditions for the period for which investments are planned. 2. Data Analysis Economic and market analysis is performed routinely by assembling and analyzing current and trend data. Market analysis utilizes, for example, the following types of data: a. Basis point changes b. Tracking of individual securities c. Shape of the yield curve d. Yield curve movements C. Selection Criteria For Local Financial Institutions and Broker-Dealers 1. Selection Criteria for Local Financial Institutions a. Minimum Criteria For Selection The Treasurer may approve a local financial institution if all the following criteria are met: (1.) The financial institution must provide insurance to its depositors through the FDIC, the Savings Association Insurance Fund (SAIF), or the National Credit Union Share Insurance Fund (NCUSIF). (2.) Only local financial institutions organized and chartered under the laws of the State of California or the laws of the United States shall be appointed as depositories of City funds. 25 (3.) The institution must be willing and able to collateralize City funds in accordance with California GC Section 53652. (4.) Alternatively, an institution must be able to use a private sector entity that assists in the placement of certificates of deposit that will be insured in accordance with GC Section 53601.8 (c). (5.) The institution must complete a City of Fresno Deposit Questionnaire. (See Appendix A) 2. Selection Criteria For Broker-Dealers The Treasurer shall maintain an approved list of securities broker-dealers with whom the City may conduct security transactions. Only those broker-dealers on the approved list are entitled to submit quotations and transact business with the City. Any broker-dealer failing to maintain the minimum criteria outlined below will be deleted from the approved list. a. Regulated Broker-Dealers Only approved broker-dealers will be used for investment transactions. Broker- dealers must be regulated by the SEC, be members in good standing of the NASD, and be licensed by the State of California. b. Broker-Dealer Certification Each broker-dealer must complete the Broker-Dealer Certification (Appendix B) before conducting investment business with the City. c. Broker-Dealer Diversification There is no minimum or maximum number of broker-dealers that may be used by the City. The Treasurer may limit the number of broker-dealers with whom the City may do business. d. Removal From Approved List If, in the judgment of the Treasurer, a broker-dealer is considered to be placing the City’s investments at risk, removal from the approved list can be done immediately. D. Instrument Selection 1. Liquidity Needs Investments are ordinarily selected according to anticipated cash needs. The City’s normal operating cycle results in a larger need for liquidity during the months of November, December, and June. Investments shall be made with these requirements in mind. 26 2. Portfolio Structure and Policy Guidelines The Treasury Officer will consider the composition of the current Portfolio and determine whether the securities being considered will maintain the Portfolio within Policy guidelines. 3. Current and Expected Yield Curve Analysis The Treasury Officer will monitor the current and expected yield curves. When interest rates are expected to decline, consideration will be given to extending weighted average maturity of the Portfolio within Policy constraints. When interest rates are expected to increase, consideration will be given to shortening the weighted average maturity of the Portfolio. 4. Yield Spread Analysis The Treasury Officer will monitor yield spreads among various Government Agency issues and U.S. Notes and Bonds. E. Bond Swaps 1. Overview One element of active investment management includes swapping a bond held in the City’s Portfolio for a comparable bond in the market place. The purpose of such a transaction is to enhance the overall yield on the Portfolio. 2. Criteria For Swaps A security swap may be considered if: a. The overall yield of the Portfolio after the swap does not decrease b. The maturity date of the new security is not more than two years longer than the maturity of the old security. 3. Criteria For Analyzing Swap Candidates Documentation of the incremental gain from doing a swap, as shown through an analysis similar to that provided by Bloomberg’s “Swap-Switch Book Analysis” will be maintained with the City’s permanent accounting documents. 4. Identification of Swap Candidates Swaps may also be suggested by broker-dealers who are on the City’s approved list. Consistent with other parts of this Policy, all purchases and sales can be competitively bid. If a particular swap is recommended by a broker-dealer, and that broker-dealer has the best bid as determined by the Treasury Officer, the broker- dealer who made the recommendation will be awarded the swap. 27 5. Categories of Swaps The basic types of swaps are as follows: a. Swaps to Increase Yield Aberrations in the market are often caused by supply and demand conditions for particular securities. If a short supply exists in a particular maturity range, for example, it may often be advantageous to swap out the security in short supply for another similar security in a different maturity range. b. Swaps to Increase Portfolio Quality Occasionally the demand for a particular security can create a situation where the security yields the same or less than an equivalent security with a higher rating. An improvement in Portfolio quality can thus be obtained by swapping the former security for the latter issue. F. Certification A copy of this Policy will be provided to the senior management of any financial institution, dealer, or broker-dealer wishing to transact investment business with the City in order that it be apprised of the investment goals of the City. Before business is transacted with the firm, a certification must be signed by a senior member of the firm. VI. PERFORMANCE EVALUATION AND REPORTING Investment performance is continually monitored and evaluated by the Treasurer and Treasury staff. Investment performance statistics and activity reports are generated by the City’s automated investment accounting system. The Treasury Section will produce summary reports on a monthly basis for review by the Mayor, City Manager, City Council and Internal Auditor. A. Standard Monthly Reports The following reports will be produced monthly and be included among the Treasurer’s monthly activity reports. 1. Month-end Report The month-end balance of operating funds, in the form of the bank balance, which has been reconciled with the balance in the City’s PeopleSoft accounting system, will be reported. (The bank reconciliation shall be available upon request.) The month-end Portfolio holdings will be shown by category of investment, showing the total book value, the total par value, the total market value, and the total expected returns of each category of investment. The rate of return on the Portfolio will be presented, both month-to-date and for the previous rolling twelve months. Additionally, the total earned interest on the Portfolio is shown, both month-to-date and year-to-date. (More detailed reports concerning the investments themselves shall be available upon request.) 28 2. Maturity Distribution Report The month-end Portfolio holdings will be shown in a table by category of investment and grouped by the remaining maturity. A bar chart will also show the distribution of the par value by maturity. 3. Portfolio Position Detail The complete list of month-end Portfolio holdings will be shown by category of investment. The listing will display each holding’s issuing institution, CUSIP number, coupon rate, yield to maturity, purchase date, maturity date, par value, amortized value, market value, and ending unit price. 4. Custom Reports Are Available On Request B. Changes To The Policy The City Council is encouraged by GC Section 53646 and required by FMC Section 7- 104 to consider and approve an Investment Policy at least annually. Following adoption of the Policy, the Council must approve material changes or revisions to the Policy as well. 29 APPENDIX A CITY OF FRESNO FINANCE DIVISION/TREASURY SECTION 2600 FRESNO STREET, ROOM 2156 FRESNO, CALIFORNIA 93721 DEPOSITORY QUESTIONNAIRE AND CERTIFICATION (Please type in response.) 1. Name of Depository 2. Address: Corporate: 3. Primary Representative: Alternate: Name: Name: ______________________________ Title: Title: ________________________________ Phone: (800) Phone: (800) 4. Check the investment instruments offered by your institution. Instrument Types U.S. Treasuries Government Sponsored Corporations Bankers Acceptances Commercial Paper Certificates of Deposit Repurchase Agreements Reverse Repurchase Agreements Medium-term Corporate Notes/Bonds Mutual Fund Shares Asset-Backed Securities 30 5. Explain your collateral practices and policies for public fund deposits. Does the depository consistently have collateral available in amounts exceeding $1 million? In what form are public deposits collateralized? 6. Does the depositor have the option to select the type of collateral? If so, does the interest rate vary according to the collateral? Explain. 7. Does the bank utilize a private sector company that assists in the placement of certificates of deposit, with Insuring Institutions such as Promontory Interfinancial Corporation LLC, through its Certificate of Deposit Account Registry Service (“CDARS”)? 8. Explain your methodology for establishing interest rates on public fund deposits. Are rates driven off a standardized market index? Are rates set in correlation with specific loan demands upon the depository? 31 9. As of your last fiscal year end, did the depository exceed the minimum standards established by thrift regulators for tangible capital, core capital, and risk-based capital? If not, explain. Include annual reports for the last three years. 10. Has your depository ever been subject to an investigation or receivership proceedings by a regulatory agency? If so, explain. 11. Does your depository prepare periodic announcements or press releases relating to the performance of the depository? If so, please include the most recent release. 12. Are there any fees or charges for doing business with your institution? Discuss your policy on early withdrawals of time deposits. Include the contract your depository uses for public fund deposits. 32 13. Has your depository ever been subject to an investigation or found to be in violation of the Community Reinvestment Act of 1977, or any other pertinent regulatory agency laws or regulations? Explain your policies (if applicable) for compliance with this Act. 14. Within the preceding year, has your depository made a loan or loans amounting to at least $250,000 in a low-income census tract within the City of Fresno? 15. Please describe any of the depository’s business development or job creation programs. 16. Is your depository founded and headquartered in any one of the five counties of Fresno, Madera, Tulare, Kings, or Merced? 33 Certification (To be signed by a person authorized by corporate resolution or by similar proceedings to make representations on behalf of the responding institution.) I hereby certify that I have personally read the Investment Policy and Objectives of the City of Fresno for Fiscal Year _________, ending June 30, _________, and have directed staff assigned to the City’s account to do the same. The standards of this Policy will apply to all investments subsequent to its effective date as determined by the Fresno City Council. Furthermore, I agree to personally read any changes or amendments to this Investment Policy which may be submitted by the City. This institution has in place procedures and a system of controls to preclude imprudent investment activities arising out of transactions conducted between our institution and the City of Fresno. All assigned personnel to the City’s account will be routinely informed of the City’s investment objectives, horizon, strategies and risk constraints whenever I am so advised by City personnel. Either I, or an assigned representative, will notify City staff immediately by telephone and in writing in the event of a material adverse change in our financial condition. I pledge to exercise due diligence in informing City staff of all foreseeable risks associated with financial transactions conducted with this institution. I attest to the accuracy of the responses within this questionnaire. Signed: ___________________________ Name: ____________________________________ Title: ______________________________ Date: ______________________________________ Attest: Name: _____________________________________ Title: Date: ______________________________________ 34 APPENDIX B City of Fresno Finance Department 2600 Fresno Street, Room 2156 Fresno, California 93721 (559) 621-7004, fax (559) 488-4636 www.finance@ci.fresno.ca.us BROKER/DEALER REQUEST FOR INFORMATION SECTION 1: STATEMENT OF POSITION AND GENERAL REQUIREMENTS The City of Fresno (hereinafter referred to as the "Government") is a statutory (home rule) Government operating under the laws of the State of California. The Government manages an operational portfolio ranging in size from 250 million to 300 million dollars, which is comprised mainly of U.S. agency obligations, corporate notes, treasury notes, and selected money market instruments. The Government has adopted a written Investment Policy which regulates the standards and procedures used in its cash management activities. A copy of the Investment Policy is attached as an Appendix to this document. The Government maintains relationships with qualified members of the broker/dealer community who, in their opinion, understand the needs, constraints, and goals of the Government. Broker/dealers will be notified of their approval by the Government in writing. No transactions will be conducted with an approved broker/dealer until all paperwork required by both parties has been executed. The Government solicits competitive bids and offers on the majority of its transactions. All securities will be delivered against payment to the third- party custodian named by the Government. Government personnel will review and substantiate all information and references requested in the document; therefore, please answer all questions as thoroughly as possible. SECTION II - PART I: REQUEST FOR GENERAL INFORMATION FROM BROKER/DEALER CANDIDATE 1. Name of Firm 2 Address-Local Headquarters (Provide both street address and/or P.O. Box No., if applicable) 3. Telephone No. Local ( ) (800) Headquarters ( ) 35 4. Contact personnel: (provide as an attachment if more space is required) Name Title Telephone No. Name Title Telephone No. Name Title Telephone No. 4a. Provide background information concerning the account representative listed in No. 4 above. Please include information on the individual's employment history as it relates to the securities industry, official licenses and certificates, the history and details of any disciplinary actions or complaints and the disposition of each as well as the history of any arbitration or litigation, the nature of the case and status or disposition. 5. Please provide the following information regarding at least four comparable clients with whom any of the representatives listed in No. 4 has an established relationship. We would prefer public sector clients in our geographical area, if possible. Client Name Address Person to contact Telephone No. Length of relationship 36 Client Name Address Person to contact Telephone No. Length of relationship Client Name Address Person to contact Telephone No. Length of relationship Client Name Address Person to contact Telephone No. Length of relationship 6. Has/have the representative(s) listed in No. 4 above been authorized by the firm to be account representative(s) for City of Fresno, California? Yes No If yes, by whom? 7. Please list the name of the immediate supervisor of the account representative(s) named in your response to No. 4 above. 37 8. Briefly describe any formal program of supervision of the account representative(s) named in No. 4, if your firm has established such a program. 9. Is the firm either licensed or supervised by the Securities Exchange Commission and the National Association of Securities Dealers? If not, why not? 10. Place an "X" by each regulatory agency that your firm is examined by and/or is subject to its rules and regulations. FDIC SEC NYSE Comptroller of Currency Federal Reserve System Other (example: State Regulatory Agency). Multi-state firms please note: It is not necessary to include regulatory agencies which do not have jurisdiction over your firm's activities in Fresno, California. 11. Have you obtained all required licenses to operate as a broker/dealer in the state of California? Yes No 12. If you are not a Bank, please provide the following information regarding your principal banking relationship. Bank Name Address Person to contact Telephone No. Length of relationship 13. Is the firm a primary dealer in U.S. Government Securities? Yes If so, how many years? No 38 14. Indicate the investment instruments offered regularly by the firm by placing a check- mark next to the type of instrument. Is the firm a primary dealer in U.S. Government Securities? Instrument Types Check if Applicable U.S. Treasuries Government Sponsored Corporations Bankers Acceptances Commercial Paper Certificates of Deposit Repurchase Agreements Reverse Repurchase Agreements Medium-term Corporate Notes/Bonds Mutual Fund Shares Asset-Backed Securities 15. Does your firm specialize in any of the instruments listed above? If so, please specify which ones. 16. Has the firm ever been notified in writing by a public-sector client that the firm or a firm representative was in part responsible for a loss on a securities transaction? If so, explain. 17. Has the firm ever been subject to a regulatory or state or federal agency investigation for alleged improper, fraudulent or disreputable activities in connection with a public- sector client? If so, explain. 39 Section II-Part II: Request for Broker/Dealer Candidate Disclosure 18. To the best of your knowledge, has there been any "material" litigation, arbitration or regulatory proceedings, either pending, adjudicated or settled, that your firm has been subject to within the last five years that involved issues concerning the suitability of the sale or purchase of securities to institutional clients or fraudulent or unfair practices related to the sale of securities to an institutional client? If so, please describe each such matter briefly. For purposes of this section, proceedings are "material" if your independent accountant applying generally accepted accounting principles determines that such proceedings required disclosure on your financial statements. 19. Explain the firm's practices for monitoring credit quality of institutions. Does the firm have internal expertise in this area? 20. What was the firm's capital position as of last fiscal year end? 21. Are there any fees or charges for doing business with your institution? If so, include a complete schedule of fees and charges. 22. Please provide certified audited financial statements for the last three years. In addition, for those dealers preparing and submitting financial statements to the following organizations, please provide publicly available financial documents filed with these agencies for the previous two years: National Association of Securities Dealers Securities and Exchange Commission New York Stock Exchange Federal Deposit Insurance Corp. 40 CERTIFICATION (To be signed by a person authorized by corporate resolution or by similar proceedings to make representations on behalf of the responding institution.) I hereby certify that I have personally read the Investment Policy and Objectives of the City of Fresno for Fiscal Year ____________, ending June 30, ____________, and have directed staff assigned to the City's account to do the same. The standards in this Policy will apply to all investments subsequent to its effective date, as determined by the Fresno City Council. Furthermore, I agree to personally read any changes or amendments to this Investment Policy, which may be submitted by the City. This firm has in place procedures and a system of controls to preclude imprudent investment activities arising out of transactions conducted between our institution and the City of Fresno. All assigned personnel to the City's account will be routinely informed of the City's investment objectives, horizons, strategies and risk constraints whenever I am so advised by City personnel. Either I or an assigned representative will notify City staff immediately by telephone and in writing in the event of a material adverse change in our financial condition. I pledge to exercise due diligence in informing City staff of all foreseeable risks associated with financial transactions conducted with this institution. I attest to the accuracy of the responses within this questionnaire. Signed: Name: Title: Date: Attest: Name: Title: Date: 41 APPENDIX C Glossary of Cash Management Terms The following is a glossary of key investment terms, many of which appear in the City of Fresno Investment Policy. Accrued Interest - The accumulated interest due on a bond as of the last interest payment made by the issuer. Agency Note (or Federal Agency or United States Government-Sponsored Enterprise) - A debt security issued by a federal or federally sponsored agency. Federal agencies are backed by the full faith and credit of the U.S. Government. Federally sponsored agencies (FSAs) are backed by each particular agency with a market perception that there is an implicit government guarantee. An example of federal agency is the Government National Mortgage Association (GNMA). An example of a FSA is the Federal National Mortgage Association (FNMA). All Available Funds – All monies deposited in the City of Fresno Treasury at any one time, which may be used for operations or are available for investment. The total amount of surplus funds and operating funds which the City of Fresno may legally claim at any one time. Amortization - The systematic reduction of the amount owed on a debt issue through periodic payments of principal. Average Life - The average length of time that an issue of serial bonds and/or term bonds with a mandatory sinking fund feature is expected to be outstanding. Banker’s Acceptance - Bill of exchange or time draft drawn on and accepted by a commercial bank. With the credit strength of the bank behind it, the banker’s acceptance usually qualifies as a money market instrument. Barbell – Portfolio management strategy in which funds are concentrated in both short term and long term type of investments, with little to nothing in mid-term securities. Designed to provide liquidity while at the same time capturing higher yields from longer term investments. Basis Point - A unit of measurement used in the valuation of fixed-income securities equal to 1/100 of 1 percent of yield, e.g., “1/4” of 1 percent is equal to 25 basis points. Bid - The indicated price at which a buyer is willing to purchase a security or commodity. Book Value - The value at which a security is carried on the inventory lists or other financial records of an investor. The book value may differ significantly from the security’s current value in the market. Broker-Dealer – An investment securities sales firm that has the ability to both arrange for sales of securities, as well as buying securities for its inventory. Callable Bond - A bond issue in which all or part of its outstanding principal amount may be redeemed before maturity by the issuer under specified conditions. 42 Call Price - The price at which an issuer may redeem a bond prior to maturity. The price is usually at a slight premium to the bond’s original issue price to compensate the holder for loss of income and ownership. Call Risk - The risk to a bondholder that a bond may be redeemed prior to maturity. Capital – Funds which may be invested in various projects, ventures, or enterprises. Cash Sale/Purchase - A transaction which calls for delivery and payment of securities on the same day that the transaction is initiated. CDARS – Certificate of Deposit Account Registry Service is the copyrighted deposit placement service offered through Promontory Interfinancial Network LLC (Promontory). Through this service, Promontory attempts to place time deposits (CDs) issued by Insured Institutions within the Promontory network in principal amounts that will not exceed the Standard Maximum Insurance Amount (SMDIA ) for deposits of one depositor at one Insured Institution (currently $250,000). CDARS is a proprietary process owned by Promontory that allocates orders submitted by participating financial institutions on behalf of their depositors on dates (Order Dates) specified by Promontory. CDARS Deposit Placement Agreement – Contract between depositor and participating depository financial institution for the placement of time deposits with other participating depository financial institutions by the contracted participating depository financial institution, through Promontory Interfinancial Network LLC (Promontory), utilizing Promontory’s Certificate of Deposit Account Registry Service (CDARS). Certificates of Deposit (non-negotiable) – Receipts for funds deposited in a bank or savings and loan association for a specified period of time at a specified rate of interest. The first $250,000 is guaranteed by the Federal Deposit Insurance Corporation (FDIC) for banks, the Federal Savings and Loan Insurance Corporation (FSLIC) for savings and loan associations and the National Credit Union Share Insurance Fund (NCUSIF) for credit unions. Collateralization - Process by which a borrower pledges securities, property, or other deposits for the purpose of securing the repayment of a loan and/or security. Collateralized Mortgage Obligation – Mortgage backed bond separating mortgage pools into different maturity classes. Commercial Paper - An unsecured short-term promissory note issued, with maturities ranging from 1 to 270 days, issued by banks, corporations, and other borrowers to investors with temporarily idle cash. Such instruments are unsecured and usually discounted. Consumer Receivable-backed Bond - See Consumer Receivable Pass Through. Consumer Receivable Pass Through – Debt instrument secured by consumer receivables such as credit card receivables. Payments are passed through to the investor direct from the underlying receivable. 43 Convexity - A measure of a bond’s price sensitivity to changing interest rates. A high convexity indicates greater sensitivity of a bond’s price to interest rate changes. Coupon Rate - The annual rate of interest received by an investor from the issuer of certain types of fixed-income securities. Also known as the “interest rate.” Counterparty – Other party to a transaction. Buyers and sellers are counterparties to each other, for example. Credit Quality - The measurement of the financial strength of a bond issuer. This measurement helps an investor to understand an issuer’s ability to make timely interest payments and repay the loan principal upon maturity. Generally, the higher the credit quality of a bond issuer, the lower the interest rate paid by the issuer because the risk of default is lower. Credit quality ratings are provided by nationally recognized rating agencies. Credit Risk - The risk to an investor that an issuer will default in the payment of interest and/or principal on a security. Current Yield (Current Return) - A yield calculation determined by dividing the annual interest received on a security by the current market price of that security Custodian – Bank or other financial institution having custody or possession of the assets of another business or individual for the purpose of safekeeping. Debt Instrument – Any of a number of obligations to repay funds or monies borrowed, usually with interest. Examples include loans, mortgages, bonds, debentures, and certificates of deposit. Default – Failure to repay a debt obligation. Delivery Versus Payment (DVP) - A type of securities transaction in which the purchaser pays for the securities when they are delivered either to the purchaser or his/her custodian. Discount - The amount by which the par value of a security exceeds the price paid for the security. Diversification - A process of investing assets among a range of security types by sector, maturity, and quality rating. Equipment Lease-backed Security – Debt instrument backed by equipment leases. Repayment comes from lease payments by the lessee on equipment leased. Fair Value - The amount at which an investment could be exchanged in a current transaction between willing parties, other than in a forced or liquidation sale. FDIC – Federal Deposit Insurance Corporation. An agency of the United States Government that insures bank deposits against loss of principal in the accounts of the bank’s depositors, up to a maximum amount of funds deposited per account (currently $100,000). Federal Funds - Fed Funds - Funds placed in Federal Reserve banks by depository institutions in excess of current reserve requirements. These depository institutions may lend fed funds to each 44 other overnight or on a longer basis. They may also transfer funds among each other on a same-day basis through the Federal Reserve banking system. Fed funds are considered to be immediately available funds. Federal Funds Rate - Interest rate charged by one institution lending federal funds to the other. GASB – Governmental Accounting Standards Board GASB 3 – GASB Pronouncement providing direction and guidance on how a government’s cash and investments are to be presented in the government’s Comprehensive Annual Financial Report. GASB 31 – GASB Pronouncement providing further direction and guidance on how a government’s cash and investments are to be presented in the government’s Comprehensive Annual Financial Report. It requires that the fair value of the government’s investments be presented. GASB 40 – Revises GASB 3 to require additional disclosure of the degree of risk associated with a government’s investment portfolio. GASB 72 - GASB Pronouncement with respect to a government’s cash and investments. It provides guidance for determining a fair value measurement for financial reporting purposes. Government Securities - An obligation of the U.S. government, backed by the full faith and credit of the government. These securities are regarded as the highest quality of investment securities available in the U.S. securities market. See “Treasury Bills, Notes, and Bonds.” Government Sponsored Enterprise – See Agency Notes. Indenture – Agreement between bondholders, trustee and issuer, in which issuer agrees to repay monies borrowed from bondholders. Specifies how proceeds of bond issue may be used. Insured Institution – Term used to describe a financial institution that is one of the participants in the Promontory Interfinancial Network, LLC. These are banks who agree to accept a time deposit and issue a Certificate of Deposit (“CD”) to a depositor in an account that is insured by the Federal Deposit Insurance Corporation (“FDIC”). The principal, along with aggregated interest in this account, shall not exceed the Standard Maximum Deposit Insurance Amount (“SMDIA”) offered by the FDIC (currently $100,000 per account.) Interest Rate - See “Coupon Rate.” Interest Rate Risk - The risk associated with declines or rises in interest rates which cause in investment in a fixed-income security to increase or decrease in value. Inverted Yield Curve - A chart formation that illustrates long-term securities having lower yields than short-term securities. This configuration usually occurs during periods of high inflation coupled with low levels of confidence in the economy and a restrictive monetary policy. Investment Company Act of 1940 - Federal legislation which sets the standards by which investment companies, such as mutual funds, are regulated in the areas of advertising, promotion, performance reporting requirements, and securities valuations. 45 Investment Policy - A concise and clear statement of the objectives and parameters formulated by an investor or investment manager for a portfolio of investment securities. Investment-grade Obligations - An investment instrument suitable for purchase by institutional investors under the prudent person rule. Investment-grade is restricted to those obligations rated BBB or higher by a rating agency. Inverse Floaters – Debt securities paying an interest rate that floats inversely with a specified index, such as the T-Bill rate. For example, as the T-Bill rate rises, the Inverse Floater rate will decline. Issuer – An issuer of debt, for example, bonds, is a borrower of funds in the debt markets. Liquidity - An asset that can be converted easily and quickly into cash. Local Agency Investment Fund (LAIF) – Fund managed by the California Treasurer’s Office, offering local agencies the opportunity to invest surplus funds at better than average market rates of return with same-day liquidity. Mark-to-market - The process whereby the book value or collateral value of a security is adjusted to reflect its current market value. Market Risk - The risk that the value of a security will rise or decline as a result of changes in market conditions. Market Value - Current market price of a security. Maturity - The date on which payment of a financial obligation is due. The final stated maturity is the date on which the issuer must retire a bond and pay the face value to the bondholder. See “Weighted Average Maturity.” Medium-term Notes - All corporate and depository institution debt securities with a maximum of five years or less remaining to the date of maturity at the time of purchase, issued by corporations organized and operating within the United States or by depository institutions licensed by the United States or any state and operating within the United States. Money Market Mutual Fund - Mutual funds that invest solely in money market instruments (short- term debt instruments, such as Treasury bills, commercial paper, bankers’ acceptances, repos and federal funds). Mortgage-derived Interest-only Strips - Derivative investment consisting of a series of interest payments from mortgages. Risky because original investment may or may not be paid back. Mortgage Pass-through security – Security that pays investors everything received. All principal and interest received is passed through to the investor. Mortgage-backed Bond – Bond securitized by mortgages. Issued by FNMA and FHLMC for example. 46 Mutual Fund - An investment company that pools money and can invest in a variety of securities, including fixed-income securities and money market instruments. Mutual funds are regulated by the Investment Company Act of 1940 and must abide by the following Securities and Exchange Commission (SEC) disclosure guidelines: 1. Report standardized performance calculations. 2. Disseminate timely and accurate information regarding the fund’s holdings, performance, management and general investment policy. 3. Have the fund’s investment policies and activities supervised by a board of trustees, which are independent of the adviser, administrator or other vendor of the fund. 4. Maintain the daily liquidity of the fund’s shares. 5. Value their portfolios on a daily basis. 6. Have all individuals who sell SEC-registered products licensed with a self-regulating organization (SRO) such as the National Association of Securities Dealers (NASD). 7. Have an investment policy governed by a prospectus which is updated and filed by the SEC annually. National Association of Securities Dealers (NASD) - A self-regulatory organization (SRO) of brokers and dealers in the over-the-counter securities business. Its regulatory mandate includes authority over firms that distribute mutual fund shares as well as other securities. Nationally Recognized Statistical Rating Organization (NRSRO) – Commonly known as a “rating agency,” an organization issuing credit ratings or scores with regard to the credit quality of the debt instruments issued by both public and private entities. Best known examples include Moody’s, Standard and Poor’s, and Fitch. Negotiable Certificate of Deposit – Large dollar amount, short-term certificate of deposit issued by large banks and bought mainly by corporations and institutional investors. They are payable to the bearer or to the order of the depositor and, being negotiable, they are traded in an active market and usually have a maturity less than six months. Net Asset Value - The market value of one share of an investment company, such as a mutual fund. This figure is calculated by totaling a fund’s assets which includes securities, cash, and any accrued earnings, subtracting this from the fund’s liabilities and dividing this total by the number of shares outstanding. This is calculated once a day based on the closing price for each security in the fund’s portfolio. (See below.) [(Total assets) - (Liabilities)]/(Number of shares outstanding) Nominal Yield - The stated rate of interest that a bond pays its current owner, based on par value of the security. It is also known as the “coupon,” “coupon rate,” or “interest rate.” Offer - An indicated price at which market participants are willing to sell a security or commodity. Also referred to as the “Ask price.” Operating Funds – Amount of money needed to meet the operating needs of the City on a daily, weekly, monthly or annual basis. This includes the amount of money needed to pay vendors, employees, bondholders, and other creditors. This is the amount of money normally kept in the City’s bank account to pay City obligations. As specified in the Policy, the target amount for this balance is $15,000,000, on any given day. By contrast, see “Surplus Funds.” Par - Face value or principal value of a bond, typically $1,000 per bond. 47 Pay-through Bond – Bond whose cash flow generated by its underlying security is paid through to investors Positive Yield Curve - A chart formation that illustrates short-term securities having lower yields than long-term securities. Premium - The amount by which the price paid for a security exceeds the security’s par value. Primary Government Dealer – A well-capitalized securities brokerage firm that is required to participate in U.S. Treasury auctions of its debt instruments. Principal - The face value or par value of a debt instrument. Also may refer to the amount of capital invested in a given security. Promontory Interfinancial Network – A private sector firm that places time deposits (“CDs”), with participating Insured Institutions through Promontory’s CDARS. California Government Code Sections 53601.8 and 53635.8 permit the City to place funds for the purchase of time deposits with Insured Institutions through private sector firms such as Promontory Interfinancal Network. Prospectus - A legal document that must be provided to any prospective purchaser of a new securities offering registered with the SEC. This can include information on the issuer, the issuer’s business, the proposed use of proceeds, the experience of the issuer’s management, and certain certified financial statements. Prudent Person Rule - An investment standard outlining the fiduciary responsibilities of public funds investors relating to investment practices. Range Note – Investment whose coupon payment varies depending on whether the current benchmark falls within a specified range. If it does not, then there is no requirement to pay any interest at all. Range notes have a high coupon as long as a market index remains below a specified level or within a specified range, but a zero percent coupon if it does not. Regular Way Delivery – Securities settlement that calls for delivery and payment on the third business day following the trade date (T+3); payment on a T+1 basis is currently under consideration. Mutual funds are settled on a same day basis; government securities are settled on the next business day. Reinvestment Risk - The risk that a fixed-income investor will be unable to reinvest income proceeds from a security holding at the same rate of return currently generated by that holding. Repurchase Agreement (repo RP) - An agreement of one party to sell securities at a specified price to a second party and a simultaneous agreement of the first party to repurchase the securities at a specified price or at a specified later date. Return on Investment – Interest earnings on other gains as measured a percentage basis with respect to the amount of the investment. Reverse Repurchase Agreement (Reverse Repo) - An agreement of one party to purchase securities 48 at a specified price from a second party and a simultaneous agreement by the first party to resell the securities at a specified price to the second party on demand or at a specified date. Rule 2a-7 of the Investment Company Act - Applies to all money market mutual funds and mandates such funds to maintain certain standards, including a 13- month maturity limit and a 90- day average maturity on investments, to help maintain a constant net asset value of one dollar ($1.00). Safekeeping - Holding of assets (e.g., securities) by a financial institution. Securities Lending Agreement – Agreement between investors and other owners of securities to lend them to broker-dealers and other institutions for short periods of time, in exchange for a negotiable fee. Safety – An objective of portfolio management. Most often refers to maintenance of principal or the prevention of the loss of capital. Selected depository institution- as defined by California GC Sections 53601.8(a) and 53635.8 (a), a nationally or state chartered commercial bank, savings bank, savings and loan association, or credit union within California, that has been contracted by a local agency, to submit local agency funds to a private sector entity that assists in the placement of certificates of deposit (time deposits) with other commercial banks, savings banks, savings and loan associations, or credit unions that are located in the United States, for the local agency’s account. The selected depository institution shall serve as a custodian for each certificate of deposit that is issued with the placement service for the local agency’s account. SMDIA- Standard Maximum Deposit Insurance Amount. This term is defined by Promontory Interfinancial Network LLC as the current FDIC limit of $100,000 per account deposited in a bank account and insured by the FDIC against loss of principal. Surplus Funds – As specified in State law, funds which are not required for the immediate needs of the local agency. The City may invest any portion of these funds it deems wise or expedient in investments set forth in this Policy. See III. A. 1.a. (Contrast operating funds.) Swap - Trading one asset for another. Term Bond - Bonds comprising a large part or all of a particular issue which come due in a single maturity. The issuer usually agrees to make periodic payments into a sinking fund for mandatory redemption of term bonds before maturity. Total Return - The sum of all investment income plus changes in the capital value of the portfolio. For mutual funds, return on an investment is composed of share price appreciation plus any realized dividends or capital gains. This is calculated by taking the following components during a certain time period. (Price Appreciation) + (Dividends paid) + (Capital gains) = Total Return Treasury Bills - Short-term U.S. government non-interest bearing debt securities with maturities of no longer than one year and issued in minimum denominations of $10,000. Auctions of three- and six-month bills are weekly, while auctions of one-year bills are monthly. The yields on these bills are monitored closely in the money markets for signs of interest rate trends. 49 Treasury Notes - Intermediate U.S. government debt securities with maturities of one to 10 years and issued in denominations ranging from $1,000 to $1 million or more. Treasury Bonds - Long-term U.S. government debt securities with maturities often years or longer and issued in minimum denominations of $1,000. Currently, the longest outstanding maturity for such securities is 30 years. Uniform Net Capital Rule - SEC Rule 15C3-1 outlining capital requirements for broker/dealers. Volatility - A degree of fluctuation in the price and valuation of securities. Weighted Average Maturity (WAM) - The average maturity of all the securities that comprise a portfolio. According to SEC rule 2a-7, the WAM for SEC registered money market mutual funds may not exceed 90 days and no one security may have a maturity that exceeds 397 days. When Issued (WI) - A conditional transaction in which an authorized new security has not been issued. All “when issued” transactions are settled when the actual security is issued. Yield - The current rate of return on an investment security generally expressed as a percentage of the security’s current price. Yield-to-call (YTC) - The rate of return an investor earns from a bond assuming the bond is redeemed (called) prior to its nominal maturity date. Yield Curve - A graphic representation that depicts the relationship at a given point in time between yields and maturity for bonds that are identical in every way except maturity. A normal yield curve may be alternatively referred to as a positive yield curve. Yield-to-maturity - The rate of return yielded by a debt security held to maturity when both interest payments and the investor’s potential capital gain or loss are included in the calculation of return. Zero-coupon Securities - Security that is issued at a discount and makes no periodic interest payments. The rate of return consists of a gradual accretion of the principal of the security and is payable at par upon maturity. 50 APPENDIX D INVESTMENT POLICY STATE-FRESNO LIMITS BY INVESTMENT TYPE Authorized Investments Maximum Maturity Quality Rating Maximum % Limit Of Portfolio State Maximum % Limit Of Portfolio Fresno Maximum % Limit Of Portfolio Per Single Issuer State Maximum % Limit Of Portfolio Per Single Issuer Fresno Maximum % of Single Issuer's Debt State/Fresno City of Fresno Debt 5 Years N/A 100%100%100%100%100% U.S. Treasuries 5 Years N/A 100%100%100%100%100% California Debt 5 Years N/A 100%100%100%100%100% Other 49 States Debt 5 Years N/A 100%100%100%100%100% Cal Local Agency Debt 5 Years N/A 100%100%100%100%100% GSE Agencies 5 Years N/A 100%70%100%50%100% Banker's Acceptances 180 Days N/A 40%40%30%30%100% Commercial Paper 270 Days A-1/P-1 25%25%25%25%10% Certificates of Deposit 5 Years Insured 30%30%30%30% Shareholders Equity Negotiable CDs 5 Years N/A 30%30%30%30%Shareholders Equity Time Deposits 5 Years Collateral 100%100%100%100%Shareholders Equity Shares of Section 6509.7 JPAs N/A N/A 100%100%100%100%100% GC 53601.8 CDs 5 Years Insured 30%30%30%30%Shareholders Equity Repurchase Agmnts 1 Year Collateral 100%100%100%100%100% Reverse Repurchase Agmnts 92 Days N/A 20%20%N/A N/A 100% Securities Lending Agmnts 92 Days N/A 20%20%N/A N/A 100% Medium-Term Notes 5 Years A 30%30%30%20%100% Mutual Funds N/A AAA 20%20%10%10%100% Money Market Funds N/A AAA 20%20%20%20%100% Mortgage/Asset Backed Debt 5 Years AA 20%20%20%20%100% LAIF N/A N/A 100%100%100%100%100% International Bank Recon & Dev 5 Years AA 30%30%30%30%100% International Finance Corp 5 Years AA 30%30%30%30%100% Inter-American Development Bank 5 Years AA 30%30%30%30%100% 51 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID19-1808 Agenda Date:6/20/2019 Agenda #: REPORT TO THE CITY COUNCIL June 20, 2019 FROM:MICHAEL LIMA, Finance Director/City Controller Finance Department BY:PHILLIP HARDCASTLE, Principal Accountant - Debt Administration Finance Department SUBJECT TEFRA HEARING -To hear and consider information concerning the proposed issuance of tax- exempt bonds by the California Enterprise Development Authority for the purpose of financing the development,construction,installation,equipping and furnishing of two facilities by United Health Centers of the San Joaquin Valley, and certain other matters relating thereto 1.***RESOLUTION -A Resolution of the Council of the City of Fresno,California,approving the issuance by the California Enterprise Development Authority of not to exceed $12,000,000 aggregate principal amount of the California Enterprise Development Authority’s Revenue Bonds for the purpose of financing the cost of developing,constructing, installing,equipping and furnishing two facilities for the benefit of United Health Centers of the San Joaquin Valley,and other matters relating thereto herein specified (Requires 5 affirmative votes)(Subject to Mayor’s veto) RECOMMENDATION Staff recommends that the Council first hold a Tax Equity and Financial Responsibility Act (TEFRA) public hearing and then,upon conclusion,adopt the accompanying Resolution approving the issuance of tax-exempt bonds (Bonds)by the California Enterprise Development Authority (Authority) on behalf of the United Health Centers of the San Joaquin Valley (Applicant)in the aggregate principal amount not to exceed $12 million. EXECUTIVE SUMMARY The Applicant is seeking to obtain financing for the development,construction,installation,equipping and furnishing of a facility which will serve as the Applicant’s headquarters and training facility.The Bonds will be issued by the Authority.As a jurisdiction in which the Facilities are located,the Council must hold a public hearing in accordance with Section 147(f)of the Internal Revenue Code for the purpose of receiving any public testimony regarding the project before it considers authorizing the City of Fresno Printed on 3/17/2023Page 1 of 3 powered by Legistar™ File #:ID19-1808 Agenda Date:6/20/2019 Agenda #: Authority to issue obligations for this purpose. Should the City authorize the issuance of the Bonds,the City would have no obligation or liability associated with this facility or with these Bonds. BACKGROUND The City has received a request by the Authority to hold a public hearing regarding a proposed issuance of Bonds for the purpose of financing the development,construction,installation,equipping and furnishing of a facility located at 1110 North Blackstone Avenue in Fresno (Blackstone Project”) and 1780 East Bullard Avenue in Fresno (Bullard Project,and together with the Blackstone Project, the Facilities).The Bonds will be issued by the Authority in an amount not to exceed $12.0 million. The Applicant,in its discretion,may apply an amount not-to-exceed $6.0 million of the proceeds of the Bonds towards the Blackstone Project and an amount not-to-exceed $6.0 million of the proceeds of the Bonds towards the Bullard Project.Upon conclusion of the public hearing,the City is then requested to authorize the Authority to proceed with the issuance of the Bonds. The Authority is a joint powers authority established by the California Association for Local Economic Development whose purpose is to issue tax-exempt and taxable conduit revenue obligations to fund commercial and industrial development projects within member jurisdictions.The Applicant is a private nonprofit organization that provides comprehensive medical,dental and community health services to the medically underserved in the central San Joaquin Valley. Under the provisions of TEFRA as codified in Section 147(f)of the Internal Revenue Code,the City in which the proposed facilities are located must (1)conduct a public hearing and (2)approve the Authority issuance of indebtedness in order to facilitate the financing.Therefore,although the Authority will be the issuer of the Bonds for the Applicant,the financing cannot proceed without the City of Fresno's approval of the financings.This hearing was noticed in the City Clerk’s section of the City of Fresno’s website on June 12,2019,and no testimony regarding this proposed issuance has been received as of today. The attached resolution,if approved by the Council,will provide authorization to the Authority to issue the Bonds on behalf of the Applicant in an amount not to exceed $12.0 million.The Bonds will not constitute a debt or liability to the City. ENVIRONMENTAL FINDINGS This item is not a project of the City of Fresno and as such,for purposes of this hearing,the California Environmental Quality Act requirements are not applicable. LOCAL PREFERENCE Local preference was not considered because this resolution does not include a bid or award of a construction or service contract. FISCAL IMPACT The City has no obligation or liability associated with this financing.The Bonds will not constitute an indebtedness or obligation of,and will not involve a pledge of the good faith and credit of the City.City of Fresno Printed on 3/17/2023Page 2 of 3 powered by Legistar™ File #:ID19-1808 Agenda Date:6/20/2019 Agenda #: indebtedness or obligation of,and will not involve a pledge of the good faith and credit of the City. The Bonds will be limited obligations of the Issuer payable only from loan repayments to be made to the Issuer from certain funds and accounts established by or pursuant to the bond indenture(s)under which the Bonds will be issued. Attachments: Resolution - CEDA - United Health Centers TEFRA Notice of Public Hearing City of Fresno Printed on 3/17/2023Page 3 of 3 powered by Legistar™ NOTICE OF PUBLIC HEARING PUBLIC NOTICE IS HEREBY GIVEN that a public hearing will be held by the City of Fresno, California (the “City”), at the City Council Chambers, City Hall, 2600 Fresno Street, Fresno, California, on June 20, 2019, at 10:00 a.m., or as soon thereafter as the hearing may be held, with respect to the issuance by the California Enterprise Development Authority (the “Authority”) from time to time, pursuant to a plan of finance, of one or more series of its tax-exempt bonds, notes, or other evidence of indebtedness for the benefit of United Health Centers of the San Joaquin Valley, a nonprofit public benefit corporation, duly organized and existing under the laws of the State of California (the “State”), and/or a related entity (the “Borrower”) in an aggregate principal amount not to exceed twelve million dollars ($12,000,000.00) (the “Bonds”). The proceeds of the Bonds are expected to be loaned to the Borrower pursuant to one or more loan agreements (collectively, the “Loan Agreement”). The proceeds of the Bonds will be applied by the Borrower to (1) finance the cost of the rehabilitation, construction and, equipping of the health care centers located at 1110 North Blackstone Avenue, Fresno, California 93701 (the “Blackstone Project”) and 1780 East Bullard Avenue, Fresno, California 93710 (the “Bullard Project”, and together with the Blackstone Project, the “Facilities”), and (2) paying certain costs of issuance of the Bonds. The Borrower, in its discretion, may apply an amount up to $6,000,000 of the proceeds of the Bonds towards the Blackstone Project and an amount up to $6,000,000 of the proceeds of the Bonds towards the Bullard Project. The Facilities will be owned and used by the Borrower in connection with the Borrower’s mission to provide comprehensive medical, dental and community health services to the medically underserved in the central San Joaquin Valley. The Borrower is licensed by the State of California as a community health center and designated as a Federally Qualified Health Center. The Bonds will not be deemed to constitute a debt or liability of the City, the State of California (the “State”) or any political subdivision thereof, but will be payable solely from the funds provided therefor by the Borrower. The Authority will not be obligated to pay the principal of the Bonds, or the redemption premium, if any, or interest thereon, except from funds provided from loan repayments by the Borrower. Neither the faith and credit nor taxing power of the City, the State or any political subdivision thereof, will be pledged to the payment of the principal or redemption premium, if any, or interest on the Bonds. The issuance of the Bonds will not directly, indirectly or contingently obligate the City, the State or any political subdivision thereof to levy or to pledge any form of taxation or to make any appropriation for their payment. The City is conducting the public hearing as an accommodation to the Borrower to facilitate the financing of the Facilities and the payment of the costs of issuing the Bonds. The City will not be the issuer of the Bonds and takes no responsibility for the financing of cost of the development, construction, installation, equipping and furnishing of the Facilities. Those wishing to comment on the proposed financing and the nature and location of the Facilities may either appear in person at the public hearing or submit written comments, which must be received by the City prior to the hearing. Written comments should be sent to the City Clerk, City of Fresno, Room 2133, City Hall, 2600 Fresno Street, Fresno, California 93721. Date: 06/12/2019 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID19-1895 Agenda Date:6/20/2019 Agenda #: REPORT TO THE CITY COUNCIL June 20, 2019 FROM:JENNIFER K. CLARK, Director Development and Resource Management Department THROUGH:MIKE SANCHEZ, Assistant Director Development Services Division BONIQUE EMERSON, Planning Manager Development Services Division BY:PHILLIP SIEGRIST, Planner III Development Services Division SUBJECT HEARING to consider Amendments to Conditional Use Permit No. C-16-033, located on the southwest corner of East Belmont and North Van Ness Avenues. (Council District 3) 1.AMEND Conditional Use Permit No.C-16-033 to establish a Type 20 alcohol license (Package Store -sale of beer and wine for consumption off the premises where sold)to temporarily allow a net increase of one liquor license in Census Tract 6,the area in which the project is located,for no more than nine months,conditioned upon the operator purchasing another liquor license from within that Census Tract to transfer it outside of the City within that nine months. RECOMMENDATIONS Staff recommends that the City Council take the following actions: 1.AMEND Conditional Use Permit No.C-16-033 to establish a Type 20 alcohol license (Package Store -sale of beer and wine for consumption off the premises where sold)to temporarily allow a net increase of one liquor license in Census Tract 6,the area in which the project is located,for no more than nine months,conditioned upon the operator purchasing another liquor license from within that Census Tract to transfer it outside of the City within that nine months. EXECUTIVE SUMMARY City of Fresno Printed on 3/17/2023Page 1 of 4 powered by Legistar™ File #:ID19-1895 Agenda Date:6/20/2019 Agenda #: George Beal of Beal Developments filed Conditional Use Permit Application No.C-16-033 pertaining to approximately 0.55 acres of property located at 940 East Belmont Avenue,on the southwest corner of East Belmont and North Van Ness Avenues (Exhibit A). Conditional Use Permit Application No.C-16-033 was considered by the Fresno City Council at its meeting on March 1,2018 on appeal by Councilmember Oliver Baines.After a complete hearing,the City Council voted to adopt the Class 3 Categorical Exemption prepared for Environmental Assessment No.C-16-033 and approve Conditional Use Permit Application No.C-16-033 subject to compliance with the Conditions of Approval dated March 1,2018 (Exhibit B).City Council approval authorized the construction of an approximately 3,453 square-foot Johnny Quik convenience store, an 849 square-foot quick serve restaurant with indoor seating,restrooms,and 8-station Chevron fueling facility with a 2,160 square-foot canopy.In addition,the approval authorized the applicant to acquire a Type 20 alcohol license (Package Store -sale of beer and wine for consumption off the premises where sold)for the convenience store with the condition that there be no net new liquor licenses in the area. The subject application is being reconsidered by the City Council at the request of the applicant for purposes of amending the Conditions of Approval,dated March 1,2018,by adding two new conditions (Exhibit C).Per FMC sections 15-5310 and 15-5015,temporarily amending a condition of approval requiring no net increase in liquor licenses in the area for nine months must be approved by Council since Council originally approved the CUP for this project. BACKGROUND The project is considered a Service Station and Convenience Retail with alcohol sales.Pursuant to Table 15-1202 (Land Use Regulation -Commercial District)of the FMC,Convenience Retail is a by- right use and Service Stations and Alcohol Sales are conditionally permitted uses in the CG zone district.Therefore the project is permitted subject to an approved Conditional Use Permit and additional regulations for special uses pursuant to FMC Sections 15-2706,Alcohol Sales,and 15- 2755, Service Stations. The Fresno City Planning Commission approved Conditional Use Permit Application No.C-16-033, on December 20, 2017, and denied the request for a Type 20 alcohol license. The City Council considered and approved Conditional Use Permit Application No.C-16-033 at its meeting on March 1, 2018. The subject application is being reconsidered by the City Council at the request of the applicant for purposes of amending the Conditions of Approval,dated March 1,2018,by adding two new conditions as follows: 1.Temporarily allow a net increase of one liquor license in Census Tract 6,the area in which the project is located,for no more than nine months from the opening of operations at the location (measured as 270 days from the date a Certificate of Occupancy is given to the operator). a.If a net increase of liquor licenses remains after nine months,the alcohol sales portion of the CUP will terminate,and the operator must immediately stop liquor sales.The operator would be responsible for the attorney’s fees and costs to enforce the cessationCity of Fresno Printed on 3/17/2023Page 2 of 4 powered by Legistar™ File #:ID19-1895 Agenda Date:6/20/2019 Agenda #: operator would be responsible for the attorney’s fees and costs to enforce the cessation of liquor sales. 2.The operator must purchase another liquor license from within Census Tract 6,the area in which the project is located,and transfer it outside of the City of Fresno within nine months from the opening of operations at the location (measured as 270 days from the date a Certificate of Occupancy is given to the operator). a.If another liquor license is not purchased and transferred outside of the City of Fresno within nine months,the alcohol sales portion of the CUP will terminate,and the operator must immediately stop liquor sales.The operator would be responsible for the attorney’s fees and costs to enforce the cessation of liquor sales. Notice of City Council Hearing In accordance with Section 15-5007 of the FMC,a notice of public hearing was mailed to surrounding property owners within 1,000 feet of the subject site on June 7, 2019 (Exhibit D). FRESNO MUNICIPAL CODE FINDINGS The Conditional Use Permit required findings under Section 15-5306 of the FMC are as follows: a.The proposed use is allowed within the applicable zoning district and complies with all other applicable provisions of this Code and all other chapters of the Municipal Code; and, b.The proposed use is consistent with the General Plan and any other applicable plan and design guideline the City has adopted; and, c.The proposed use will not be substantially adverse to the public health,safety,or general welfare of the community, nor be detrimental to surrounding properties or improvements; and, d.The design,location,size,and operating characteristics of the proposed activity are compatible with the existing and reasonably foreseeable future land uses in the vicinity; and, e.The site is physically suitable for the type,density,and intensity of use being proposed, including access, emergency access, utilities, and services required. Based upon analysis of the application,staff concludes that the required findings of Section 15-5306, of the FMC can be made. These findings are attached as Exhibit E. ENVIRONMENTAL FINDINGS Staff has performed a preliminary environmental assessment of this amendment to the Conditions of Approval and, pursuant to CEQA Guidelines, section 15061(b)(3), has determined with certainty that there is no possibility that this project may have a significant effect on the environment. This is because this approval only includes the temporary ability to allow a net increase in alcohol sales for nine months in the project area while a liquor license from within Census Tract 6 is acquired and transferred outside the City of Fresno. Therefore, this project is covered by the common sense City of Fresno Printed on 3/17/2023Page 3 of 4 powered by Legistar™ File #:ID19-1895 Agenda Date:6/20/2019 Agenda #: exemption set forth in CEQA Guidelines section 15061(b)(3). LOCAL PREFERENCE Local preference was not considered because this does not include a bid or award of a construction or service contract. FISCAL IMPACT N/A Attachment:Exhibit A - Aerial Photograph Exhibit B - Conditions of Approval, dated March 1, 2017 Exhibit C - Proposed Amendment to Conditions of Approval Exhibit D - City Council Public Hearing Notice Exhibit E - FMC Findings City of Fresno Printed on 3/17/2023Page 4 of 4 powered by Legistar™ EXHIBIT A AERIAL = Proposed Project Site (940 E Belmont Ave) N E Belmont Ave N Van Ness Ave N Fulton Ave HWY 180 EXHIBIT A EXHIBIT B Conditions of Approval DEVELOPMENT AND RESOURCE MANAGEMENT DEPARTMENT 2600 Fresno Street • Third Floor Jennifer K. Clark, Director Fresno, California 93721-3604 (559) 621-8277 FAX (559) 498-1026 December 20, 2017 Please reply to: Revised March 1, 2018 Ricky Caperton (559) 621-8058 George Beal Beal Developments 1175 Shaw Avenue, Suite 104 Clovis, CA 93612 (sent via email only) Dear Mr. Beal: SUBJECT: CONDITIONAL USE PERMIT APPLICATION NO. C-16-033 FOR PROPERTY LOCATED AT 940 E BELMONT AVE (APN: 459-043- 03, 23 & 36) The Planning Commission approved Conditional Use Permit Application No. C-16-033 at a noticed public hearing on December 20, 2017 subject to the conditions of approval below; however, an appeal was filed regarding Conditions of Approval #3, #4, and #5. The City Council revised the conditions on March 1, 2018. Those conditions are outlined in Red, Bold and Italics. Conditional Use Permit Application No. C-16-033 was filed by Ken Vang of Precision Engineering, on behalf of George Beal of Beal Developments, and pertains to ±0.55 acres of property located on the southwest corner of East Belmont and North Van Ness Avenues. The applicant proposes the construction of a 3,453 square-foot Johnny Quik convenience store, an 849 square-foot quick serve restaurant with indoor seating, restrooms, and an 8- station Chevron fueling station facility with a 2,160 square-foot canopy. The applicant also requests to establish a State of California Alcoholic Beverage Control Type 20 alcohol license (Package Store – sale of beer and wine for consumption off the premises where sold) for the Johnny Quik convenience store. The property was rezoned from CMS (Commercial-Main Street) to CG (Commercial General) during a City-initiated zoning clean-up, which include the subject property. The approval of this project is subject to compliance with the following Conditions of Approval: CONDITIONS OF APPROVAL PART A – ITEMS TO BE COMPLETED The following items are required prior to issuance of building permits or occupancy: Conditional Use Permit Application No. C-16-033 December 20, 2017 Revised March 1, 2018 Page 2 Planner to check when completed 1. Development shall take place in accordance with redlined Exhibits Site Plan Sheet 1 and 2 dated August 4, 2017 and August 10, 2017; L-1 dated August 22, 2017; Sheets A-2 through A-4, dated July 20, 2017. Transfer all red line comments and conditions to the corrected exhibit(s) and submit to planner prior to issuance of building permits. 2. Development shall take place in accordance with the Comments from Planning/Development Standards dated December 20, 2017. 3. No alcohol sales are permitted at this location. The applicant shall not establish a Type 20 alcohol license (Package Store – sale of beer and wine for consumption off the premises where sold) for the Johnny Quik convenience store. Alcohol sales shall comply with Fresno Police Department conditions, dated May 10, 2017. 4. Per FMC Section 15-2755-A, there shall be no more than two vehicular access points to/from a public street. Please revise site plan to remove one of the proposed driveways for compliance with this code prior to submittal for building permits. 5. The existing billboard may not be relocated as shown per Section 15-2605 of the FMC. Remove the existing billboard or provide documentation of agreement that permits the billboard to remain in its existing location to the Planning Department at least 15 days prior to submittal for building permits. 6. Add façade treatment or design similar to other facades facing the street to the west elevation along the alley so that there is not a blank wall. 7. Add fence details to elevations to show compliance with Section 15 -2006 of the FMC. Fence details must be submitted and reviewed by the Planning Department at least 15 days prior to submittal for building permits. 8. Submit a separate Sign Review Application in compliance with the provisions of Article 26. 9. Comply with comments from Department of Public Works, Traffic and Engineering dated May 9, 2017 and August 28, 2017. Dedications may be required for pedestrian purposes. 10. Vacation may be required. Vacation (4 month processing time) for all proposed vacations of existing public right of way is required prior to building permits. Contact Jason Camit at (559) 621-8681 or jason.camit@fresno.gov. 11. Dedications for the project may be required. Deed documents (up to 2 month processing time) for the required dedications must conform t o the format specified by the city and shall be prepared by the applicant’s engineer. The cost of deed document processing and recordation fee must be paid at the time of deed submittal and submitted with verification of Conditional Use Permit Application No. C-16-033 December 20, 2017 Revised March 1, 2018 Page 3 ownership prior to the issuance of building permits. Contact Jeff Beck at (559) 621-8560 or jeff.beck@fresno.gov. 12. Corrected exhibits must include all corrections redlined from Public Works, Traffic Engineering prior to issuance of building permits. 13. The project shall pay all fees identified in the Conditions of Approval memo from the Public Works Department, Traffic and Engineering Division, dated May 9, 2017. 14. The proposed project would develop over property lines, which is not allowed. A lot merger is required to establish this configuration prior to issuance of building permits. Contact Jon Bartel at (559) 621-8684 or jon.bartel@fresno.gov for more information. 15. Submit two copies of detailed, final, elevations showing the height, design, and color of proposed structures (including fuel station canopy), to the Development Services Division. These plans must be reviewed and approved prior to issuance of building permits. 16. Submit two copies of detailed, final landscaping and irrigation plans prepared by a landscape professional, showing the num ber and types of trees in compliance with Article 23 of the FMC. These plans must be reviewed and approved prior to issuance of building permits. 17. Landscaping must be in place before issuance of the certificate of occupancy. A Hold on Occupancy shall be placed on the proposed development until such time that landscaping has been approved and verified for proper installation by the Development Services Division. 18. Prior to final inspection, a written certification, signed by a landscape professional approved by the Director, shall be submitted stating that the required landscaping and irrigation system was installed in accordance with the landscaping and irrigation plans approved by the Development Services Division, Development and Resource Management Department (see form, attached). 19. Comply with lighting conditions, Section 15 -2015 Outdoor Lighting and Illumination of the Fresno Municipal Code (FMC), and demonstrate that the project will not create significant direct glare beyond on the boundaries of the property. Revise Site Plan to fully depict lighting plans. 20. A water demand forecast for the proposed project shall be submitted and reviewed by the Department of Public Utilities prior to issuance of building permits. 21. The applicant shall submit complete food facility plans and specifications to the Fresno County Department of Public Health, Environmental Health Division, for review and approval prior to the issuance of building permits. Contact the Consumer Food Protection Program at (559) 600- 3357 for more information. Conditional Use Permit Application No. C-16-033 December 20, 2017 Revised March 1, 2018 Page 4 22. Prior to operation, the applicant shall obtain necessary permits to operate food facilities from the Fresno County Department of Public Health, Environmental Health Division. Contact the Consumer Food Protection Program at (559) 600-3357 for more information. 23. Pay all applicable Fresno Unified School District Fees prior to issuance of building permits. 24. Pay all applicable Fresno Metropolitan Flood Control District Fees prior to issuance of building permits. 25. Comply with Police Department Comments, dated May 10, 2017. PART B – OTHER REQUIREMENTS 1) Planning/Zoning/Environmental Compliance Requirements a. Development shall take place in accordance with the policies of the Fresno General Plan and the Tower District Specific Plan. b. Development shall take place in accordance with the CG (Commercial – General) zone district. c. Development shall take place in accordance with the Comments from Planning/Development Standards dated December 20, 2017. d. Development shall take place in accordance with the operational statement dated December 11, 2017. e. All fences, hedges and walls shall conform to Section 15-2006 of the FMC. f. All on-site lighting shall conform to Section 15-2508 of the FMC. g. All elevations shall conform to Section 15-2011 Screening of Mechanical and Electrical Equipment of the FMC. h. The addresses of the new structures shall be assigned prior to application for building permit. 2) City and Other Services a. Development shall take place in accordance with the attached memoranda and letters from City of Fresno Departments and partner agencies, including: County of Fresno Department of Public Health, dated April 14, 2017; Fresno Unified School District, dated April 17, 2017; Conditional Use Permit Application No. C-16-033 December 20, 2017 Revised March 1, 2018 Page 5 Fresno Building & Safety Services, dated April 26, 2017; Fresno Fire Department, dated April 25, 2017; Fresno Metropolitan Flood Control District, dated May 5, 2017; Department of Public Utilities (Sewer), dated May 11, 2017; Department of Public Utilities (Water), dated May 2, 2017; Department of Public Utilities (Solid Waste), dated May 11, 2017 Department of Public Works (Traffic), dated May 9, 2017; Department of Public Works (Traffic), dated August 28, 2017; Fresno Irrigation District, dated April 18, 2017; San Joaquin Valley Air Pollution Control District, dated May 15, 2017; Department of Public Works, Parks, dated September 19, 2017; and Fresno Police Department, dated May 10, 2017. 3) Miscellaneous Requirements a. Approval of this special permit shall be considered null and void in the event of failure by the applicant and/or the authorized representative, architect, engineer, or designer to disclose and delineate all facts and information relating to the subject property and the proposed development including, but not limited to, the fo llowing: i. All existing and proposed improvements including but not limited to buildings and structures, signs and their uses, trees, walls, driveways, outdoor storage, and open land use areas on the subject property and all of the preceding which are located on adjoining property and may encroach on the subject property; ii. All public and private easements, rights -of-way and any actual or potential prescriptive easements or uses of the subject property; and, iii. Existing and proposed grade differentials between the subject property and adjoining property zoned or planned for residential use. b. Approval of this special permit shall be considered null and void in the event of failure by the applicant and/or the authorized representative, architect, engineer, or designer to disclose and delineate all facts and information relating to the subject property and the proposed development. The Development and Resource Management Department shall not assume responsibility for any deletions or omissions resulting from the special permit review process or for additions or alterations to construction plans not specifically submitted and reviewed and approved pursuant to this special permit or subsequent amendments or revisions. APPEALS Please be advised that this project may be subject to a variety of discretionary conditions of approval. These conditions based on adopted City plans, ordinances and policies; those determined to be required through the interdepartmental/interagency review process; and Conditional Use Permit Application No. C-16-033 December 20, 2017 Revised March 1, 2018 Page 6 those determined through the environmental assessment process as necessary to mitigate adverse effects on the health, safety and welfare of the community. The conditions of approval may also include requirements for development and use that would, on the whole, enhance the project and its relationship to the neighborhood and environment. All conditions of approval based on adopted plans, codes, and regulations are mandatory. Conditions based on the FMC may only be modified by variance, pro vided the findings required by FMC Section 15-5506 can be made. Discretionary conditions of approval may be appealed. All code requirements, however, are mandatory and may only be modified by variance, provided the findings pursuant to FMC Section 15 -5506 can be made. Discretionary conditions of approval will ultimately be deemed mandatory unless appealed. In the event you wish to appeal any of these conditions, you must state your appeal (in writing or in testimony) at or prior to the Planning Commissi on hearing for this project scheduled on December 20, 2017 at 6:00 p.m. or thereafter. Action by the Planning Commission is final unless appealed to City Council in accordance with Section 15-5017 of the FMC. BACKCHECK PROCESS Please Note: To complete the back-check process for building permits relative to planning and zoning issues, submit three copies of this corrected, final site plan to Ricky Caperton in the Development Services Division for final review and approval before applying for building permits. It may be necessary to resubmit these “corrected exhibits” a second time if not all the conditions have been complied with or are not shown on the exhibits. Once the “corrected exhibits” are approved by the Development Services Divisi on, please place these exhibits in the plan check set and contact the Development Services Division, along with Traffic Planning, to set up an appointment to signoff and stamp these exhibits. Please bring one additional copy of the site plan exhibit(s) to this appointment so that the Development Services Division has a final signed-off copy of the site plan. Copies of the final approved site plan, elevations, landscaping, and irrigation plans stamped by the Development Services Division must be submitted for unstamped copies of the same in each of the sets of construction plans submitted for plan check prior to the issuance of building permits. EXPIRATION The exercise of rights granted by this special permit must be commenced by March 1, 2021 December 20, 2020 (three years from the date of approval). An extension of up to one additional year may be granted, provided that the findings required under FMC Section 15 - 5013-A.1 are made by the Director. All required improvements must be installed prior the operation of the proposed use. Conditional Use Permit Application No. C-16-033 December 20, 2017 Revised March 1, 2018 Page 7 Pursuant to Section 15-5308 of the FMC, an expiration date of seven years form the date of approval has been established for Conditional Use Permit s. Therefore, the approval of C-16- 033 shall expire on March 1, 2025 December 20, 2024 and a new conditional use permit must be obtained prior to that expiration date for the use only (not the physical structure(s)). Should you need further assistance or have any questions, please call me at (559) 621 -8058 or via e-mail at Ricky.Caperton@fresno.gov. DEVELOPMENT SERVICES DIVISION Enclosures: Development shall take place in accordance with redlined Exhibits Site Plan Sheet 1 and 2 dated August 4, 2017 and August 10, 2017; L-1 dated August 22, 2017; Sheets A-2 through A-4, dated July 20, 2017. Comments from Planning/Development Standards dated December 20, 2017 Comments from Partner Agencies and Departments Operational Statement Notes and Requirements for Entitlement Applications c: Job Address File: 940 East Belmont Ave PREPARED FOR:SHEET NUMBER:JOB NUMBER:PROJECT TITLE: SHEET DESCRIPTION: CITY OF:COUNTY OF:OFREVISIONSDRAWN BY:CHECKED BY:DATE:PLANNING SURVEYING CIVIL ENGINEERING 1234 O STREET, FRESNO, CALIFORNIA 93721 TEL: 559.449.4500 FAX: 559.449.4515 WWW.PRECISIONENG.NET15-093218-4-2017KYVKYVBEAL DEVELOPMENTS, LLC 1175 SHAW AVE SUITE 104 FRESNO, CA 93612 FRESNO FRESNO COVER SHEET 16-033 JOHNNY QUIK SWC BELMONT/VAN NESS C 16-033 JOHNNY QUIK FOOD STOREE. BELMONT AVE & N. VAN NESS AVE.FRESNO, CALIFORNIA’“” “”’‘’’’’GENERAL NOTES:VICINITY MAPPROJECT DATA:PROJECT SITE LEGAL DESCRIPTION: ACBLDGBOLBOTXBWCCHXCRNDECELEC PANELEPFFFLGBLIPTCTOPXWSTVWPREPARED FOR:SHEET NUMBER:JOB NUMBER:PROJECT TITLE: SHEET DESCRIPTION: CITY OF:COUNTY OF:OFREVISIONSDRAWN BY:CHECKED BY:DATE:PLANNING SURVEYING CIVIL ENGINEERING 1234 O STREET, FRESNO, CALIFORNIA 93721 TEL: 559.449.4500 FAX: 559.449.4515 WWW.PRECISIONENG.NET15-093228/10/2017KYVKYVBEAL DEVELOPMENTS, LLC 1175 SHAW AVE SUITE 104 FRESNO, CA 93612 FRESNO FRESNO SITE PLAN C 16-033 JOHNNY QUIK SWC BELMONT/VAN NESS020'40'10'SCALE 1" = 20'LEGEND:CONSTRUCTION NOTES:SITE DATA:ACCESSIBLE ENTRY SIGNSIGN AND SYMBOLS OF ACCESSIBILITYINTERNATIONAL SYMBOL OF ACCESSIBILITYTYPICAL VAN ACCESSIBLE PARKING STALLE. BELMONT AVE.E. MADISON AVE.N. VAN NESS AVE.RIGHT OF WAY DETAIL PREPARED FOR:SHEET NUMBER:JOB NUMBER:PROJECT TITLE: SHEET DESCRIPTION: CITY OF:COUNTY OF:OFREVISIONSDRAWN BY:CHECKED BY:DATE:PLANNING SURVEYING CIVIL ENGINEERING 1234 O STREET, FRESNO, CALIFORNIA 93721 TEL: 559.449.4500 FAX: 559.449.4515 WWW.PRECISIONENG.NET15-093118/22/2017MBLPBEAL DEVELOPMENTS, LLC 1175 SHAW AVE SUITE 104 FRESNO, CA 93612 FRESNO FRESNO CONCEPTUAL LANDSCAPE PLAN C 16-033 JOHNNY QUIK SWC BELMONT/VAN NESS Property Development Standards Checklist for C-16-033 December 20, 2017 District Type – Commercial District PROJECT DESCRIPTION Conditional Use Permit Application No. C-16-033 was filed by Ken Vang of Precision Engineering, on behalf of George Beal of Beal Developments, and pertains to ±0.55 acres of property located on the southwest corner of East Belmont and North Van Ness Avenues. The applicant proposes the construction of a 3,453 square-foot Johnny Quik convenience store, an 849 square-foot quick serve restaurant with indoor seating, restrooms, and an 8-station Chevron fueling station facility with a 2,160 square-foot canopy. A request to establish a State of California Alcoholic Beverage Control Type 20 alcohol license (Package Store – sale of beer and wine for consumption off the premises where sold). APN: 459-043-03, 23 & 36 ADDRESS: 940 East Belmont Ave GENERAL INFORMATION – Fresno General Plan Land Use Designation is CG. Zoning Existing CG (Commercial-General) Requested N/A Plans Community Plan N/A Specific Plan Tower District Redevelopment N/A Previous Actions Applications N/A Covenants/Easements N/A Development Agreements N/A Tract Map or Lot Split PROPERTY DEVELOPMENT STANDARDS 15-1202 - Use Regulations Note: Refer to Table 15-1202 to determine the proposed land use regulations for Commercial Districts. Use Permitted a. What is the zoning of the subject site? CG b. Is the use of the project allowed in the zone district? ☒Yes ☐No c. What is the proposed use? Service Station d. Does the project require an approval of a Conditional Use Permit? ☒Yes ☐No Property Development Standards Checklist for C-16-033 December 20, 2017 e. Are there any additional regulations? If yes, then list the additional regulations here as well. (For example, is the proposed use a special use listed in Article 27?) ☒Yes ☐No Additional requirements, if applicable: Section 15-2755, Service Stations 15-1203 - Intensity and Massing Development Standards Note: Below this table will have a checklist table for the requirements stated in the additional regulations section, in numerical order. Lot and Intensity Standards – Commercial Districts District CMS CC CR CG CH CRC Additional Regulations Does project meet requirement? Minimum District Size (sq. ft., unless otherwise noted) 5,000 32,670 15 acres 12,000 15,000 4 acres ☒Yes ☐ No ☐Not applicable Minimum Lot Size (sq.ft.) - 32,670 10,000 12,000 15,000 15,000 ☒Yes ☐ No ☐Not applicable Minimum Lot Width (ft.) - 75 100 75 100 100 ☒Yes ☐ No ☐Not applicable Minimum Lot Depth (ft.) - 100 100 125 125 150 ☒Yes ☐ No ☐Not applicable Maximum Floor Area Ratio 1.0 1.0 1.0 2.0 0.75 0.5 §15-309, Determining Floor Area Ratio ☒Yes ☐ No ☐Not applicable Building Form and Location Standards – Commercial Districts Maximum Height (ft.) 35 35 75 35 35 35 § 15-1204-A, Residential Transition Standards §15-2012, Heights and Height Exceptions ☒Yes ☐ No ☐Not applicable Setbacks (ft.) Front (min/max)** -/10 15/- 15/- 15/- 15/- 15/- §15-313, Determining Setbacks and Yards §15-1204-A, Residential Transition Standards §15-1204-B, Enhanced Streetscape §15-1204-C, Parking §15-2014, Projections/Encroachments into Yards §15-2305, Areas to be Landscaped ☒Yes ☐ No ☐Not applicable Front (min.), with enhanced streetscape - - - - NA NA ☐Yes ☐ No ☒Not applicable Interior Side (min.) - - - - - - ☐Yes ☐ No ☒Not applicable Street Side (min.) - - - 10 10 10 ☒Yes ☐ No ☐Not applicable Rear (min.) - - - - - - ☐Yes ☐ No ☒Not applicable Alley (min.) - - - - - - ☐Yes ☐ No ☒Not applicable Parking, from back of sidewalk or curb (min.) 30 - - - - - ☐Yes ☐ No ☒Not applicable Min. Frontage Coverage (%) 60 - - - - - §15-317, Determining Frontage Coverage ☐Yes ☐ No ☒Not applicable **Note: Projects that have an enhanced streetscape will not be required to provide a front setback. See section 15-1204-B on this document for more details. Property Development Standards Checklist for C-16-033 December 20, 2017 15-309 - Determining Floor Area Ratio A. Calculating Floor Area Ratio To calculate FAR, non-residential floor area is divided by site area, and typically expressed as a decimal. gross non-residential floor area of all buildings on a site total site area = floor area ratio (FAR) B. Proposals Maximum FAR Permitted Proposed FAR for Project Does the proposed FAR meet criteria in Table 15- 1203-1? If the Project does not meet the requirement, what needs to be changed? 2.0 0.35 ☒Yes ☐ No ☐Not applicable 15-313 - Determining Setbacks and Yards If a property abuts an Official Plan Line, the required setback shall be established from the Official Plan Line or the property line, whichever results in a greater setback. A. Front Setbacks Requirement: Front setbacks shall be measured from the back of the sidewalk (including instances where the back of the sidewalk lies withi n the project parcel) to the portion of the structure that is closest to the front of the lot. In the absence of a sidewalk, the minimum front setback shall be measured from the back of the curb. In the absence of a sidewalk and curb, minimum front setbacks shall be measured from the front property line. Required Setback Proposed Front Setback for Project Does proposed Front Setback meet the given requirement? If the Project does not meet the requirement, what needs to be changed? 15’ minimum Not indicated on site plan. ☒Yes ☐ No ☐Not applicable Show front setbacks on site plan. B. Side Setbacks Requirement: (To downsize this document, if there is no street side yards delete that section.) Side setbacks on interior lot lines shall be measured from the property line. When the side of the lot abuts a street, the measurement to determine the setback shall be made in the same manner as Front Setbacks. Required Interior Side Setback for Project Proposed Interior Side Setback for Project Does proposed Interior Side Setback meet the given requirement? If the Project does not meet the requirement, what needs to be changed? None Not indicated on site plan. ☒Yes ☐ No ☐Not applicable Show side setbacks on site plan. Required Street Side Setback Proposed Street Side Setback for Project Does proposed Street Side Setback meet the given requirement? If the Project does not meet the requirement, what needs to be changed? 10’ minimum Not indicated on site plan. ☒Yes ☐ No ☐Not applicable Show side setbacks on site plan. C. Rear Setbacks Requirement: Property Development Standards Checklist for C-16-033 December 20, 2017 Required Rear Setback Proposed Rear Setback for Project Does proposed Interior Side Setback meet the given requirement? If the Project does not meet the requirement, what needs to be changed? None No setback. Project built to property line along alley. ☒Yes ☐ No ☐Not applicable N/A D. Yards on Alleys Requirement: The following special regulations for determining setbacks apply when a lot abuts an alley. 1. If a side lot line abuts an alley, the yard shall be considered an interior side yard rather than a corner side yard. 2. In computing the minimum yard for any lot where such yard abuts an alley, no part of the width of the alley may be considered as part of the required yard. Required Setback Proposed Yards on Alleys for Project Does proposed Yards on Alleys meet the given requirement? If the Project does not meet the requirement, what needs to be changed? None No setback. Project built to property line along alley. ☒Yes ☐ No ☐Not applicable N/A 15-1204 - Site Design Development Standards A. Residential Transition Standards Is the project located where C District is adjacent to a Residential District? ☐Yes ☒ No If no, skip to section B, Enhanced Streetscape. Requirements: Does project meet requirement? If project does not meet requirement, what needs to be changed? 1. Height: Maximum height within 40 ft. of an R District is limited to 30 ft. The maximum height within 50 feet of an R District is 40 ft. ☐Yes ☐ No ☒Not applicable Location is greater than 50 feet from residential districts. 2a. The front setback shall not be less than the required front yard on the abutting R District lot within 50 ft. of the R District. ☐Yes ☐ No ☒Not applicable 2b. The interior side and rear setback abutting an R District boundary shall be 20 ft. In the CMS District, the interior side yard may be reduced to 10 ft. with Director Approval. ☐Yes ☐ No ☒Not applicable 3. Landscape. See Table 15-2305-C.1, Required Landscape Buffers. ☐Yes ☐ No ☒Not applicable Does project propose a multi-story building where the second story or above is located within 50 ft. of the side or rear yard of a single family lot? ☐Yes ☒ No If no, skip to section B, Enhanced Streetscape. 4a. Screening measures include, but are not limited to, landscaping, alternate window and balcony placements, placing windows at least six ft. from the floor of the interior of the unit, incorporating wing walls or louvers, using glass block or other translucent material, and other such methods. ☐Yes ☐ No ☒Not applicable 4b. Sufficiency of Screening. The Review Authority shall determine the sufficiency of the proposed screening measures and may require additional measures. ☐Yes ☐ No ☒Not applicable B. Enhanced Streetscape If a project has all of the following characteristics, then it is considered to have an enhanced streetscape. Projects that have an enhanced streetscape will not be required to provide a front setback, as shown on Table 1203-2. If Property Development Standards Checklist for C-16-033 December 20, 2017 project does not have the following characteristics, skip to section C, Parking. Requirements: Does project meet requirement? If project does not meet requirement, what needs to be changed? Sidewalks 1. Sidewalks shall be no less than 12 feet in width. If the current distance between the right-of-way boundary and the face of the adjacent curb is less than 12 feet, the building shall be set back from the right-of-way boundary the distance that is necessary to achieve the required sidewalk width. The portion of the sidewalk which lies within the private parcel shall be guaranteed for public access by the enactment of the public access easement. ☐Yes ☐ No ☒Not applicable Project not incorporating enhanced streetscape. Street Trees 2a. Street trees should be located no more than three feet from the back curb and whenever possible should be aligned with other trees on the block. ☐Yes ☐ No ☒Not applicable 2b. Street trees should generally be evenly spaced, no less than 20 ft. apart, and not more than 40 ft. apart. ☐Yes ☐ No ☒Not applicable 2c. Whenever possible, trees should not be located directly in front of building entrances. ☐Yes ☐ No ☒Not applicable 2d. Trees should be placed in tree wells measuring 5 ft. by 5 ft. To maximize usable sidewalk area, tree wells shall be covered by grates of a design which is approved by the Director. Larger tree wells may be required by the Public Works Director for species requiring more space. The property owner shall assume maintenance responsibilities for the tree grates. ☐Yes ☐ No ☒Not applicable 2e. Streets should be deciduous, fast growing, drought tolerant, and should eventually form a tall canopy. Not more than one species should be planted per block. Whenever nearby pre- existing trees are in good condition and meet the intent of this section, new trees should be of the same species. ☐Yes ☐ No ☒Not applicable Pedestrian-scaled street lights 3a. Street lights should be located no more than 3 ft. from the curb, and whenever possible should be aligned with street trees and other lights on the block. ☐Yes ☐ No ☒Not applicable 3b. Street lights should be generally evenly spaced, no less than 30 ft. apart, and not more than 80 ft. apart. Whenever possible, street lights should be less than 15 ft. from nearby street trees. ☐Yes ☐ No ☒Not applicable 3c. Street lights should not be of the type commonly known as Cobra Heads or other types which are intended primarily for the illumination of the sidewalk. Whenever nearby pre-existing lights are in good condition and meet the intent of this section, new lights should be of the same type. Intersection safety lights shall be typical cobra-head design, while mid-block lighting should be ornamental and scaled for the pedestrian environment. Lighting shall meet Public Works standards. ☐Yes ☐ No ☒Not applicable Maintenance 4. If a Community Facilities District is not established to maintain sidewalks, street trees, and lighting, the applicant shall enter into a maintenance agreement to ensure the maintenance of said facilities. ☐Yes ☐ No ☒Not applicable Facades located with 15 ft. of the public sidewalk Property Development Standards Checklist for C-16-033 December 20, 2017 5a. If there is a primary common building entrance which provides access to reception areas, elevators, stairs, and internal circulation, it shall face and be oriented to the street. If there is a yard between the sidewalk and the building, a paved path six ft. in width shall be provided from the public sidewalk to the entrance. ☐Yes ☐ No ☒Not applicable 5b. Direct entrances from the sidewalk in to individual establishments located along the street frontage shall be provided. If there is a yard between the sidewalk and the building, a paved path six ft. in width shall be provided from the public sidewalk to the entrance. ☐Yes ☐ No ☒Not applicable Exterior Walls 6. Exterior walls facing a front or street side lot line shall include windows, doors, or other openings with transparent glazing for at least 60% of the building wall area located between 2.5 and seven ft. above the level of the sidewalk. Openings fulfilling this requirement shall have transparent glazing and provide views into work areas, display areas, sales areas, lobbies, or similar active spaces, or into window displays that are at least two ft. deep. ☐Yes ☐ No ☒Not applicable Sidewalk Shading (where buildings are located within two ft. of a public sidewalk ): 7a. Awning or canopy depth shall be no less than four ft. and no more than ten ft. ☐Yes ☐ No ☒Not applicable 7b. Clearance shall be no less than eight feet and no more than 12 ft. from the finished floor. ☐Yes ☐ No ☒Not applicable C. Parking Parking shall be setback as shown in Table 15-1203-2, except as provided below: If your project has parking that is Underground, Partially Submerged and Podium, or is less than 150 ft. in width or depth, then the following will apply. If your project does not have any of the following, skip to section D. Requirements: Does project meet requirement? If project does not meet requirement, what needs to be changed? 1a. Will there be underground parking? ☐Yes ☒ No If no, skip to section 2a. (n/a) 1b. If so, then parking that is fully underground and below the street grade may extend from lot line to lot line. ☐Yes ☐ No ☒Not applicable 2a. Will there be partially submerged and podium parking? ☐Yes ☒ No If no, skip to section 3a. (n/a) 2b. Parking that is partially below the street grade may extend to the setbacks of the main structure. A maximum six ft. of the parking structure height may extend above the street grade if screened along street facing elevations by foundation plant materials. Gates need not be screened. ☐Yes ☐ No ☒Not applicable 3a. Is the lot less than 150 ft. in width or depth? ☐Yes ☒ No If no, skip to section D. (n/a) 3b. On lots less than 150 ft. in width or depth, surface parking may be located within 50 ft. of a street facing lot line for a maximum of 50% of the lot frontage if the parking area is screened with a garden wall, hedge, trellis, and/or other landscaping or built structures facing the sidewalk. ☐Yes ☐ No ☒Not applicable D. Public Plazas This section will apply only to commercial shopping center developments in CC and CR districts. Skip to section E if your project does not fall into this category. Property Development Standards Checklist for C-16-033 December 20, 2017 Requirements: Does project meet requirement? If project does not meet requirement, what needs to be changed? 1. A plaza shall be provided at the entry to each anchor tenant that provides for pedestrian circulation and loading and unloading. Entry plazas and passenger loading areas shall include unique, decorative paving materials, adequate seating areas, and provision of adequate shade, and attractive landscaping, including trees or raised planters. ☐Yes ☐ No ☒Not applicable Project not in a CC or CR District. 2. Outdoor plazas for the use of customers and visitors shall be provided at a rate of five sq. ft. per 1,000 sq. ft. of floor area, up to 1,500 sq. ft. per plaza. ☐Yes ☐ No ☒Not applicable 3. Plazas shall be visible from a public street or from on-site areas normally frequented by customers, and shall be accessible during business hours. ☐Yes ☐ No ☒Not applicable 4. Plazas shall include benches, or other seating, and paving shall be of high-quality materials. Amenities shall be included that enhance the comfort, aesthetics, or usability of the space, including, but not limited to, trees and other landscaping, shade structures, drinking fountains, water features, public art, or performance areas. ☐Yes ☐ No ☒Not applicable E. Pedestrian Access Requirements: Does project meet requirement? If project does not meet requirement, what needs to be changed? Internal Connections: 1. A system of pedestrian walkways shall connect all buildings on a site to each other, to on-site automobile and bicycle parking areas, and to any on-site open space areas or pedestrian amenities. ☒Yes ☐ No ☐Not applicable External Connections: 2a. If the adjacent Residential, Commercial, Mixed-Use, and Office districts are undeveloped, stub connections shall be provided at a frequency of one per 600 ft. Upon the development of the adjacent parcels, any fencing or gates at the stubs shall be opened. ☐Yes ☐ No ☒Not applicable 2b. If the adjacent Residential, Commercial, Mixed-Use, and Office districts are developed and provide connection points via breaks in the perimeter wall/fence or stub streets, then the project shall provide pedestrian walkway connections at those locations. ☐Yes ☐ No ☒Not applicable 2c. If the adjacent Residential, Commercial, Mixed Use, and Office districts are developed there are no possible connection points via breaks in the perimeter wall/fence, then the project shall not be required to provide connections. ☐Yes ☐ No ☒Not applicable To Circulation Network : 3. Regular connections between on-site walkways and the public sidewalk and other planned or existing pedestrian routes shall be provided. An on-site walkway shall connect the primary building entry or entries to a public sidewalk on each street frontage. ☒Yes ☐ No ☐Not applicable To Streets: 4. Direct and convenient access shall be provided to adjoining residential and commercial areas to the maximum extent feasible while still providing for safety and security. ☐Yes ☐ No ☒Not applicable Property Development Standards Checklist for C-16-033 December 20, 2017 To Transit: 5. Safe and convenient pedestrian connections shall be provided from transit stops to building entrances. ☒Yes ☐ No ☐Not applicable Pedestrian Walkway Design: 6a. Walkways shall be a minimum of four feet wide, shall be hard-surfaced, and paved with concrete, stone, tile, brick, or comparable material. ☒Yes ☐ No ☐Not applicable 6b. Where a required walkway crosses driveways, parking areas, or loading areas, it must be clearly identifiable through the use of a raised crosswalk, a different paving material, or similar method. ☒Yes ☐ No ☐Not applicable 6c. Where a required walkway is parallel and adjacent to an auto travel lane, it must be raised or separated from the auto travel lane by a raised curb at least six inches high, bollards, or other physical barrier. ☒Yes ☐ No ☐Not applicable F. Service Areas and Loading Service and loading areas should be integrated with the design of the building and shall be screened from residential areas. Special attention shall be given when designing loading facilities in a location that is proximate to residential uses. Techniques such as block walls, enhanced setbacks, or enclosed loading can minimize adverse impacts to residents. ☐Yes ☐ No ☒Not applicable 15-1205 - Façade Design Development Standards Note: This section applies only to new buildings, building additions, and façade remodels. If your project is not proposing any of the changes, skip to the next section, Other General Site Regulations. A. Building Articulation Requirements: Does project meet requirement? If project does not meet requirement, what needs to be changed? All street-facing facades, including freeway-facing facades, must include at least one projection or recess at least two feet in depth for every 25 horizontal ft. of wall. ☐Yes ☒ No ☐Not applicable Show dimension (depth) of façade pylons. B. Building Materials and Finishes 1. Each side of a building that is visible from a street or passenger railway shall be designed with a complementary level of detailing and quality of materials. ☐Yes ☒ No ☐Not applicable Add building treatment along west facing wall (along alley) similar to other street- facing facades. 2. Veneers should turn corners, avoiding exposed edges and continue down the side of a building to a logical break, such as a change in wall plane. Material changes at outside corners should be avoided. ☐Yes ☐ No ☒Not applicable 3. Windows shall maintain a consistent design character throughout the development and shall be of the same material on all elevations facing a street. ☒Yes ☐ No ☐Not applicable 4. Building entrances and common areas shall be accentuated with enhanced finishes and materials that are durable and high quality and distinguish these spaces from other elements of the building. ☒Yes ☐ No ☐Not applicable 5. Parking areas and structures shall be designed to match and be compatible with the architectural character, materials, and colors of the overall development. ☐Yes ☒ No ☐Not applicable Fuel station canopy to match design of convenience store. Submit elevations of gas station canopy to planner. 6. The design of building additions should follow the same general scale, proportion, massing, and detailing of the original structure, and not in stark contrast to the original structure. ☒Yes ☐ No ☐Not applicable Property Development Standards Checklist for C-16-033 December 20, 2017 OTHER GENERAL SITE REGULATIONS Note: The following chart lists all the sections of General Site Regulations. Use the checklist to see which sections will apply to your project, then find the appropriate table after this checklist for a more in-depth checklist for requirements of the section. To downsize this document, delete sections that do not pertain to your project. General Site Regulations Section Description Does this section apply to your project? 15-2003 Trails ☐Yes ☒ No 15-2004 Accessory Buildings and Structures ☒Yes ☐ No 15-2006 Fences, Walls, and Hedges ☒Yes ☐ No 15-2008 Screening Between Differing Land Uses ☐Yes ☒ No 15-2009 Security Fencing ☐Yes ☒ No 15-2010 Electric Fences ☐Yes ☒ No 15-2011 Screening of Mechanical and Electrical Equipment ☒Yes ☐ No 15-2012 Heights and Height Exceptions ☐Yes ☒ No 15-2013 Outdoor Service Yards and Storage ☐Yes ☒ No 15-2014 Projections/Encroachments into Required Yards ☐Yes ☒ No 15-2015 Outdoor Lighting and Illumination ☒Yes ☐ No 15-2016 Trash and Refuse Collection Areas ☐Yes ☐ No 15-2017 Underground Utilities ☐Yes ☒ No 15-2018 Intersection Visibility ☐Yes ☒ No 15-2019 Development on Substandard Lots ☐Yes ☒ No 15-2020 Lots with Multiple Zone Districts (Split Zoning) ☐Yes ☒ No 15-2004 - Accessory Buildings and Structures A. Applicability These provisions apply to: 1. All new structures over seven feet in height, including, but not limited to, garages, carports, porte -cocheres, sheds, workshops, gazebos, greenhouses, cabanas, trellises, play structures, aviaries, covered patios, etc. which collectively shall be referred to as Accessory Structures, that are attached or detached from and accessory to the main building on the site. 2. Decks and patios that are 30 inches above the ground elevation, excluding above -ground pools. B. Relation to Other Structures Requirements: Does project meet requirement? If project does not meet requirement, what needs to be changed? 1. A detached accessory building may be constructed on a lot on which there is a permitted main building to which the accessory building is related. ☐Yes ☐ No ☒Not applicable 2. An accessory building may be constructed prior to a permitted main building and used for not more than one year in connection with the construction of the main building. The owner shall sign a covenant, which will at a minimum, require that the accessory structure be removed should the main building not be constructed. ☐Yes ☐ No ☒Not applicable C. Setbacks 1a. Front and Street-Side Yards. Accessory Structures may not be located within required front yard or street-side setback areas. ☒Yes ☐ No ☐Not applicable Property Development Standards Checklist for C-16-033 December 20, 2017 1b. Alleys. Accessory structures shall be set back a minimum of five feet from an alley if the Accessory Structure utilizes the alley for vehicle access. ☒Yes ☐ No ☐Not applicable 2. Accessory Structures shall comply with the setbacks per the underlying district or operative plan, whichever is greater. ☒Yes ☐ No ☐Not applicable D. Height Accessory Structures are subject to the height limitations specific to the zoning district in which they are located. ☐Yes ☒ No ☐Not applicable Gas station canopy elevations not shown. Add fuel station canopy elevations. 15-2006 - Fences, Walls, and Hedges A. Applicability The standards of this section apply to: 1. New fences, hedges, or walls; 2. New development; 3. Building additions to existing buildings that expand the existing floor area by at least 20%, or 2,500 sq. ft., whichever is less, not including Single-Unit Dwellings or Duplexes. The addition and/or expansion shall be cumulative from the date of adoption of this Code; 4. A new building on a developed site when the new building is more than 300 sq. ft. The 300 sq. ft. shall be cumulative from the date of adoption of this Code; 5. The demolition and reconstruction of a site; 6. A request for a Discretionary Permit; 7. Change of Occupancy of an existing building as defined by the Building Code; or, 8. Condominium Conversions 9. Exceptions. The standards of this section do not apply to fences that are part of a designated historic site. B. Fence Requirements for CMS District If the project is not in a CMS District, skip to section C, Fence and Height Locations for All Districts. In Downtown and other pedestrian -oriented areas it is of critical importance to create an attractive, active, and comfortable pedestrian environment. It is equally important to secure property and to keep unauthorized people out of pri vate areas. This subsection has been structured to balance these two needs by allowing the entire perimeter of a block or property to be secured by a combination of buildings and fences, while not allowing for suburban -style fenced complexes. Buildings sho uld visually dominate private frontage, with taller fencing filling in the gaps along the street and securing sides and rears of properties as put forth below. Identifying the Front Yard Line: For the purposes of this subsection only, the Front Yard will be considered to be the area between the Front Yard Line and the back of the sidewalk. The Front Yard Line shall be identified as follows: a. For sites which abut two or more streets, the Front Yard Line for each street frontage shall be measured indivi dually. b. The Front Yard shall be the entire area between the back of the sidewalk and a straight parallel line which is located 12 inches behind the façade of the primary building and which extends along the entire frontage (the "front yard line"). c. For complex or highly articulated buildings the front yard line shall be measured from the furthest point back on the street - facing façade of the building, at the discretion of the Review Authority. d. When there is more than one building along a lot's frontage (as determined by the Review Authority), the front yard line shall be measured from the façade of the building (excluding accessory buildings) along the frontage which is set back the greatest distance. e. Front yard fence standards shall apply to all fences within the Front Yard, including those which are parallel or perpendicular to the street and including those which enclose porches, patios, and other such spaces. f. A frontage shall not have a Front Yard Line, and all fences on that frontage shall be consider ed Interior/Rear Yard Fences, if the following circumstances apply: i. The building sits directly at the back of the sidewalk, and no other building exists on that frontage of the lot. ii. The site is occupied by a legal non-conforming parking lot without a building on site. iii. The site is occupied by legal non-conforming buildings which are set back more than 50 feet. Requirements: Does project meet requirement? If project does not meet requirement, what needs to be changed? Property Development Standards Checklist for C-16-033 December 20, 2017 Front Yard 1a. Minimum Setback. All fences shall be set back no less than 12 inches from the back of the sidewalk and may not be located in the public right -of-way. No setback is required from side and rear property lines. ☐Yes ☐ No ☒Not applicable Project not in CMS District. 1b. Maximum Height. Three feet. ☐Yes ☐ No ☒Not applicable 1c. Transparency. Fences must be open a minimum of 80% (e.g., no more than 20% opaque) to allow for the passage of light and air. ☐Yes ☐ No ☒Not applicable 1d. Materials i. Front yard fence materials shall consist only of wood, tubular steel, wrought iron, or other decorative metal. Brick, stone, or stucco piers may be used in combination with these materials. New chain link front yard fences are prohibited. ☐Yes ☐ No ☒Not applicable ii. Retaining walls shall be designed consistent with the architectural style of the main building. Retaining walls shall consist only of decorative concrete, masonry, stone, or brick. Timber may be permitted unless it is in conflict with the Building Code or applicable Public Works standards. ☐Yes ☐ No ☒Not applicable iii. Veneer or synthetic materials simulating the actual, natural material (e.g., brick or stone veneer in place of actual brick or stone) shall only be allowed upon demonstrating to the Review Authority that the substitute material: (1) Adequately simulates the natural material; and, (2) Is organized visually to simulate actual construction using the natural material (e.g., organization of brick rows, larger stones at the bottom and smaller stones toward the top). ☐Yes ☐ No ☒Not applicable Interior and Rear Yards 2a. Minimum Setback. All fences shall be set back no less than 12 inches from the back of the sidewalk and may not be located in the public right -of-way. No setback is required from side and rear property lines. ☐Yes ☐ No ☒Not applicable 2b. Maximum Height. Six feet. ☐Yes ☐ No ☒Not applicable 2c. Transparency. No requirement. Fences and walls may be up to 100 percent opaque . ☐Yes ☐ No ☒Not applicable 2d. Materials i. Interior and side yard fence and wall materials shall consist only of wood, tubular steel, wrought iron, other decorative metal, brick, stone, stucco, concrete block. Chain link may be used when it is not visible from a public street as determined by the Review Authority . ☐Yes ☐ No ☒Not applicable ii. Interior and side yard fences and walls shall be designed to be consistent with the architectural style of the main building when they are visible from a public street as determined by the Review Authority . ☐Yes ☐ No ☒Not applicable iii. When visible from a public street, veneer or synthetic materials simulating the actual, natural material (e.g., brick or stone veneer in place of actual brick or stone) shall only be allowed upon demonstrating to the Review Authority that the substitute materia l: (1) Adequately simulates the natural material; and, (2) Is organized visually to simulate actua l construction using the natural material (e.g., organization of brick rows, ☐Yes ☐ No ☒Not applicable Property Development Standards Checklist for C-16-033 December 20, 2017 larger stones at the bottom and smaller stones toward the top). Through Lots 3. All street frontages shall be considered Front Yards. ☐Yes ☐ No ☒Not applicable Private Patios, Yards, Etc. 4a. Facing Front Yard or Common Open Space. Fences, walls, or hedges enclosing private patios, yards, or porches that face the Front Yard or the Common Open Space are subject to the requirements of section 15-2006.E.2. ☐Yes ☐ No ☒Not applicable 4b. Interior Yard and Rear Yards. Fences and walls up to six feet in height may enclose private patios or yards. ☐Yes ☐ No ☒Not applicable C. Fence and Height Locations for All Other Uses and Districts Requirements: Does project meet requirement? If project does not meet requirement, what needs to be changed? Other Regulations 1. Fences shall comply with the setback requirements below, unless a greater setback is required by an operative plan, adopted policy, or a condition of project approval. ☒Yes ☐ No ☐Not applicable Subdivision Approval Conditions 2. In certain circumstances, such as at the rear of landscape easements, fence locations are identified as part of the subdivision approval process. In such cases and in the potential case of conflict with this section, the map conditions of approval shall govern. ☒Yes ☐ No ☐Not applicable Street-Facing References 3. Street-facing includes all roadways, including highways . ☒Yes ☐ No ☐Not applicable Parking Lot Entrances 4. Fence and gate locations may need to provide greater setbacks than those listed in this section to allow for vehicle stacking. This includes fencing that limits access to parking lots. ☐Yes ☐ No ☒Not applicable Front Yard Requirements 5a. Wrought Iron or Tubular Steel. A fence up to four feet in height may be installed within any required front yard setback. Fences must be open a minimum of 80% (e.g., no more than 20% opaque) to allow for the passage of light and air. ☐Yes ☒ No ☐Not applicable Fence details not provided. Provide fence details to planner at least 15 days prior to submittal for building permits. 5b. All Other Materials. All other fences within any required front yard setback are permitted up to three feet in height and shall comply with the main building setback, minus five feet. ☐Yes ☐ No ☒Not applicable Street-Side Yard Requirements 6a. Wrought Iron or Tubular Steel. A fence up to four feet in height may be installed within any required front yard setback. Fences must be open a minimum of 80% (e.g., no more than 20% opaque) to allow for the passage of light and air. ☐Yes ☒ No ☐Not applicable Fence details not provided. Provide fence details to planner at least 15 days prior to submittal for building permits. 6b. All Other Materials. All other fences within any required street side yard setback are permitted up to three feet in height and shall comply with the main building setback, minus five feet. ☐Yes ☐ No ☒Not applicable Through Lots Property Development Standards Checklist for C-16-033 December 20, 2017 7. Both street frontages shall be considered Front Yards. ☒Yes ☐ No ☐Not applicable Other Yards 8. Outside of the required front yard and street-side yards, the maximum height for fences is seven feet (regardless of location on the site) unless the fence is part of Outdoor Storage per Section 15-2013, Outdoor Service Yards and Storage. ☐Yes ☒ No ☒Not applicable Bollards 9. Bollards, up to three feet in height may be placed at the rear of required landscaped areas. ☐Yes ☐ No ☒Not applicable No bollards are indicated on site plans as part of the project. Setbacks 10. Unless a greater setback is required in another section of this Code, fences shall be set back 12 inches from the back of adjacent sidewalks, or from the curb or shoulder if there is no sidewalk. Fences may be placed on interior side and rear property lines. ☐Yes ☒ No ☐Not applicable Show dimensions of fence location in compliance with this requirement. Right-of-Way 11. In no circumstance may any fence be placed in the public right-of-way unless specified elsewhere in this Code. ☒Yes ☐ No ☐Not applicable Commercial Recreational Fencing 12. Refer to Sections 15-2708 Arcades, Video Games, and Family and Entertainment Centers and 15-2749, Private Recreational Sports Facilities. ☐Yes ☐ No ☒Not applicable D. Temporary Fencing Is the project a temporary or seasonal use, including Community Garden, Urban Agricultural, Farming, temporary sales, etc.? ☐Yes ☒ No If no, skip to section E, Fence & Retaining Wall Combinations. Requirement: Does project meet requirement? If project does not meet requirement, what needs to be changed? Fencing setbacks shall comply with main building setbacks of the underlying zone district. ☐Yes ☐ No ☒Not applicable E. Fence and Retaining Wall Combinations Is there a retaining wall? ☐Yes ☒ No If no, skip to section F, Decorative Features. Requirement: Does project meet requirement? If project does not meet requirement, what needs to be changed? Where a fence is located on top of a retaining wall, and a six-foot maximum fence height is normally applicable, the Director may allow a combined height of fence and retaining wall up to a maximum of seven feet. ☐Yes ☐ No ☒Not applicable F. Decorative Features Requirements: Does project meet requirement? If project does not meet requirement, what needs to be changed? 1. Columns and gates may exceed the maximum height requirements by 4 inches. ☐Yes ☒ No ☐Not applicable Fence details not provided. Provide fence details to planner at least 15 days prior to submittal for building permits. Property Development Standards Checklist for C-16-033 December 20, 2017 2. On through and corner lots, the exposed (e.g. rough) side of the fence shall face into the subject parcel, rather than the street. The finished side of the fence shall be oriented towards the street. ☐Yes ☐ No ☐Not applicable 3. Fences, greater than 125 ft. in length in Residential Districts and/or along Major Streets, shall incorporate decorative pilasters with decorative caps spaced no more than 30 ft. apart. This shall not apply to industrial districts, unless the industrial district is located on the same side of the street as existing, planned or zoned residences. ☐Yes ☐ No ☐Not applicable 4. Decorative caps, not to exceed 4 inches may be added to the columns of walls. ☐Yes ☐ No ☐Not applicable 5. A wrought iron decorative entry gate, located outside the required street yard setbacks may be allowed up to 7 ft. in height in Residential Districts and 8 ft. in Non-Residential Districts with Director approval. ☐Yes ☐ No ☐Not applicable 15-2011 - Screening of Mechanical and Electrical Equipment A. Applicability The standards to this section apply to: 1. New development; 2. New equipment that is added to serve existing buildings; or, 3. Condominium Conversions 4. Exceptions. Existing equipment that serves existing buildings; and Industrial Districts. B. Regulations Requirements: Does project meet requirement? If project does not meet requirement, what needs to be changed? 1. Equipment. All exterior mechanical and electrical equipment shall be screened or incorporated into the design of buildings so as not to be visible from major streets, highways, passenger railways, or abutting Residential Districts. ☐Yes ☒ No ☐Not applicable Mechanical equipment not shown on site plan. Please show location of any mechanical equipment. Add as note to site plan that equipment shall be screened in accordance with Section 15- 2011. 2. Roof Access Ladders and Fire Sprinkler Risers. Flood access ladders shall be screened from Major Streets. Fire sprinkler risers should be designed for interior installation whenever possible where an exterior location would be visible from a Major Street. Where site conditions dictate an exterior location for the sprinkler riser, a three ft. clear space shall be provided between the screening materials and the riser. The alarm bell and fire department connection shall be installed so that they are visible from the street. ☒Yes ☐ No ☐Not applicable 15-2015 - Outdoor Lighting and Illumination A. Applicability Property Development Standards Checklist for C-16-033 December 20, 2017 The standards of this section apply to on-site lighting under the following circumstances: 1. New lights 2. The demolition and reconstruction of a site 3. New development 4. Building additions to existing buildings that expand the existing floor area by at least 20 %, or 2,500 sq. ft., whichever is less, not including Single-Unit Dwellings or Duplexes. The addition and/or expansion shall be cumulative from the date of adoption of this Code; 5. The addition of residential units; 6. A request for a Discretionary Permit; 7. Change of Occupancy of an existing building as defined by the Building Code; or, 8. Condominium Conversions. B. General Standards Requirements: Does project meet requirement? If project does not meet requirement, what needs to be changed? 1. Pedestrian-Oriented Lighting. Exterior lighting with an intensity of at least 0.25 foot-candles at the ground level shall be provided for a secure nighttime pedestrian environment by reinforcing entrances, public sidewalks and open areas with a safe level of illumination. ☐Yes ☒ No ☐Not applicable Submit lighting plan for new parking and exterior lighting in conformance with Section 15-2015. 2. All exterior doors, during the hours of darkness, shall be illuminated with a minimum of 0.5 foot-candle of light. ☐Yes ☐ No ☐Not applicable C. Maximum Height Requirements Lighting fixtures shall not exceed the maximum heights specified in the following table: TABLE 15-2015-B.3: MAXIMUM HEIGHT OF LIGHTING FIXTURES District Maximum Height (ft) Residential Single-Family Districts Shall not exceed the fascia of the home Residential Multi-Family Districts Shall not exceed the fascia of the unit or 16 feet, whichever is greater Commercial and Mixed-Use Districts 20 within 100 of any street frontage or Residential District; 25 in any other location Employment Districts 25 within 100 of any street frontage; 30 in any other location Public and Semi-Public Districts 25, or as necessary for safety and security Proposed Height of Lighting Fixture Does the proposed height of lighting fixture meet requirement? If the project does not meet the requirement, what needs to be changed? Not shown on site plan. ☐Yes ☒ No ☐Not applicable Submit lighting plan for new parking and exterior lighting in conformance with Section 15-2015. D. Fixture Types Requirements: Does project meet requirement? If project does not meet requirement, what needs to be changed? All lighting fixtures shall be shielded so as not to produce obtrusive glare onto the public right-of-way or adjoining properties. ☐Yes ☐ No ☐Not applicable E. Glare Property Development Standards Checklist for C-16-033 December 20, 2017 Requirements: Does project meet requirement? If project does not meet requirement, what needs to be changed? No use shall be operated such that significant, direct glare, incidental to the operation of the use is visible beyond the boundaries of the property where the use is located. ☐Yes ☐ No ☐Not applicable F. Light Trespass Requirements: Does project meet requirement? If project does not meet requirement, what needs to be changed? 1. Direct or sky-reflected glare from floodlights shall not be directed into any other property or street. ☐Yes ☐ No ☐Not applicable 2. No light or combination of lights, or activity shall cast light exceeding one foot candle onto a public street, with the illumination level measured at the centerline of the street. ☐Yes ☐ No ☐Not applicable 3. No light, combination of lights, or activity shall cast light exceeding 0.5 foot candle onto a residentially zoned property, or any property containing residential uses. ☐Yes ☐ No ☐Not applicable G. Prohibited Lighting Requirements: Does project have one of the prohibited types of lighting? If project does have one of the prohibited types of lighting, what changes will be made? The following types of exterior lighting are prohibited: a. Drop-down lenses; b. Mercury vapor lights; and, c. Searchlights, laser lights, or any other lighting that flashes, blinks, alternates, or moves. ☐Yes ☐ No ☐Not applicable LANDSCAPING A. Applicability The standards of this section apply to all of the following: 1. New construction projects with landscapes; 2. Additions (other than to Single-Family Dwellings or Duplexes) to an existing building that expands the existing floor area by either 20% or more or 2,500 sq. ft. or more, whichever is less. The floor area increases to the existing building shall be cumulative from the date of adoption of this Code; 3. A new building with a floor area of 300 sq. ft. or more on a developed site. The 300 sq. ft. shall be cumulative from the date of adoption of this Code; 4. The demolition and reconstruction of a site; 5. A first time installed landscape or a re-landscaping project where the new or modified landscape area is equal to or greater than 500 sq. ft.; or 6. Change of Occupancy of an existing building requiring a change of occupancy permit as defined by the Building Code. 7. Exceptions. The standards of this Section do not apply to landscaping that is part of a registered historic site, plant collections as part of botanical gardens and arboretums open to the public, or ecological restoration projects that do not require a permanent irrigation system or mined -land reclamation projects that do not require a permanent irrigation system. 15-2305 - Areas to be Landscaped A. Required Setbacks Requirements: Does project meet requirement? If project does not meet requirement, what needs to be changed? Property Development Standards Checklist for C-16-033 December 20, 2017 1. For all permitted paved areas, refer to underlying Base District. ☐Yes ☐ No ☐Not applicable 2. All required setbacks, except for areas used for exit and entry, shall be landscaped. If an Industrial District abuts another Industrial District, side and rear yards are not required to be landscaped. However, should an Industrial District abut any other district or a street, it shall be landscaped. Where Adjacent to residential, non-residential uses may require a larger setback under Residential Transition Standards and landscaping shall be provided as prescribed in Table 15 -2305-C.1. ☐Yes ☐ No ☐Not applicable B. Required Landscape Buffers and Buffer Yard Types Requirements Refer to Table 15-2305-C-1, Required Landscape Buffers, to see when a buffer treatment is required and of what type, based on the proposed and adjoining use. Only the proposed use is required to provide the buffer yard. Refer to Table 15-2305-C-2, Buffer Yard Requirements, to see the type of buffer yard required. An employee or dining patio is allowed within the buffer yard for up to 50 percent of the depth of the required buffer yard. Required Landscape Buffers Proposed Landscape Buffers Does proposed landscape buffers meet requirement? If the project does not meet the requirement, what needs to be changed? None Not shown on plans ☐Yes ☐ No ☐Not applicable Show dimensions of landscape C. Landscape Setback All areas between site perimeter walls/fencing and lot lines facing a street shall be landscaped. Landscaping shall be installed and maintained in accordance with the sections of this article and the following standards: Requirements: Does project meet requirement? If project does not meet requirement, what needs to be changed? 1. Planting areas more than 10 ft. in width shall be planted with medium and large trees and medium and large shrubs to span the entire length. ☐Yes ☒ No ☐Not applicable Show landscape dimensions on plans. 2. Planting areas 10 ft. or less in width shall at the very least be planted with small trees and small to medium size shrubs to span the entire length. ☐Yes ☐ No ☐Not applicable 3. Vines may be included for areas adjacent to concrete or masonry walls. ☐Yes ☐ No ☐Not applicable 4. The landscape design shall provide total wall/fence screening from top to bottom for the entire length within five years. ☐Yes ☐ No ☐Not applicable 5. Trees shall be planted so the canopies could touch for the entire length within 15 years. ☐Yes ☐ No ☐Not applicable D. Building Perimeters Requirements: Does project meet requirement? If project does not meet requirement, what needs to be changed? 1. All portions of a building that face a public street shall have one or more landscape planters installed along a minimum of 20% of that building face. This standard does not apply where a building is located within three ft. of a public sidewalk, in which case the building perimeter shall be paved and treated in a manner similar to the adjacent sidewalk. ☐Yes ☒ No ☐Not applicable Building facing E. Belmont and Van Ness shall comply with this requirement. Revise plans accordingly. Property Development Standards Checklist for C-16-033 December 20, 2017 2. The minimum width of the planter shall be three ft. Planters may be raised or at grade and may include potted plants. ☐Yes ☒ No ☐Not applicable 15-2308 - Trees A. Requirements A minimum of one tree for every 2,000 sq. ft. of lot coverage. Required Number of Trees Proposed Number of Trees Does proposed number of trees meet requirement? If the project does not meet the requirement, what needs to be changed? 1 per two parking spaces (6 required). 5 ☐Yes ☒ No ☐Not applicable Add trees to meet requirement PARKING AND LOADING Applicability The requirements of this section apply to the establishment, alteration, expansion, or change in any use or structure, as pro vided in this section: 1. New Buildings and Land Uses. Parking shall be provided according to the provisions of this article. 2. Building Expansions. Should a building be expanded, parking shall be provided according to the provisions of this article. 3. Use Expansions. Should a use expand without necessa rily expanding a building, such as an auto dealership, parking shall be provided according to the provisions of this article. 4. Change in Use or Change of Occupancy. a. When a Change in Use or Change in Occupancy creates an increase of 10% or more in the number of required on-site parking or loading spaces, on-site parking and loading shall be provided according to the provisions of this article. The number of existing stalls shall be maintained, and additional stalls shall be required only for such addition, enlargement, or Change in Use. The Change in Use or Change in Occupancy that creates an increase of 10% or more shall be cumulative from the date of adoption of this Code. b. If the number of existing parking spaces is greater than the requirements for su ch use, the number of spaces in excess of the prescribed minimum may be counted toward meeting the parking requirements for the addition, enlargement, or Change in Use. 5. Reconstruction of Non-Residential Buildings. Should a building be damaged and/or demolished due to an Act of Nature, a building may be reconstructed and may provide the same number of stalls provided that there is no increase in building floor area. 6. Alterations that Increase the Number of Dwelling Units. The creation of additional dwelling units through the alteration of an existing building or construction of an additional structure or structures requires the provisions of on -site parking to serve the new dwelling units. If the number of existing parking spaces is greater than the requirem ents for the existing units, the number of spaces in excess of the prescribed minimum may be counted toward meeting the parking requirements for the new dwelling units. 7. Non-Conforming Parking or Loading. An existing use of land or structure shall not be d eemed to be non-conforming solely because of a lack of on-site parking and/or loading facilities required by this article, provided that facilities used for on -site parking and/or loading as of the date of adoption of this Code are not reduced in number to less than what this article requires. A. Parking Exceptions Exceptions Property Development Standards Checklist for C-16-033 December 20, 2017 A. Buildings Constructed Prior to February 13, 1954. The parking area or space requirements imposed by the provisions of this Code shall not apply upon a Change of occupancy, as defined by the Building Code, or the building code in affect at the time of the permit, for nay building or structure which was constructed prior to February 13, 1954. B. 30-Year-Old or Older Buildings. The parking area or space requirements imposed by the provisions of this Code shall not apply upon a Change of Occupancy, as defined by the Building Code, or the building in code in affect at the time of the permit, for any building or structure which is older than 30 years old, provided: 1. The parking area of space is not reduced; and 2. The new use does not involve: a. Convenience Stores that are 3,000 sq. ft. or less with off-site alcohol sales; b. Schools (K-12; private or public); c. Drive-through restaurants d. Banquet Halls and Religious Assembly Facilities with direct access to local street(s); or e. Auto-related uses. C. Building Expansions. Buildings constructed prior to Subsections A and B above may be expanded. Parking for the expanded area shall be provided per Tables 15-2408 and 15-2409. Buildings constructed prior to this date may not be altered when i t would result in additional dwelling units without providing parking for the additional dwellings. D. Small Commercial Uses. The following commercial uses are not required to provide on-site parking when they contain less than 1,000 sq. ft. of floor area: Retail Sales (except off-site alcohol sales), Personal Services, Eating and Drinking Establishments, Food and Beverage Retail Sales, Offices: Walk-in Clientele, and Banks and Financial Institutions. However, when two or more establishments are located on a single lot or a shopping center, their floor areas shall be aggregated with all other establishments located on the lot in order to determine required parking. Do any of the exceptions apply to the project? ☐Yes ☒ No ☐Not applicable If project does apply, then parking is excepted. If project does not apply, then skip to Section C. B. General Provisions Requirements: Does project meet requirement? If project does not meet requirement, what needs to be changed? 1. Timing of Parking Requirements. On-site parking facilities required by this article shall be constructed or installed prior to the issuance of a Certificate of Occupancy for the uses that they serve. ☒Yes ☐ No ☐Not applicable Add note to site plan. 2. Existing Parking and Loading to be Maintained. No existing parking or loading serving any use may be reduced in amount or changed in design, location, or maintenance below the requirements for such use, unless equivalent substitute facilities are provided. ☐Yes ☐ No ☒Not applicable 3a. Will there be an inoperable vehicle on-site? (If no, skip to Section C.) ☐Yes ☐ No ☒Not applicable 3b. Inoperable vehicles shall be screened from public streets. If staging for repair, vehicles may only be visible for up to eight hours prior to being moved into the repair garage. Inoperable vehicles may not be stored in public view overnight unless the vehicle was transported to the site after business hours. ☐Yes ☐ No ☐Not applicable C. Required Parking for CMS District Requirements Refer to Table 15-2408, Required On-Site Parking Spaces, to determine the required amount of parking. The parking requirement for any use not listed in Table 15-2408 shall be the same as required in Table 15-2409, Required Parking, Other Districts. Note that you will also have to use Section 15-2411, Calculation of Required Spaces, when calculating the required number of parking spaces. If your project does not fall under the CMS District, move to section D. Required Parking for CMS District Proposed Parking for CMS District Does proposed parking meet requirement? If the project does not meet the requirement, what needs to be changed? Property Development Standards Checklist for C-16-033 December 20, 2017 N/A N/A ☐Yes ☐ No ☐Not applicable N/A D. Required Parking for Other Districts Requirements Refer to Table 15-2409, Required On-Site Parking Spaces, Other Districts to determine the required amount of parking. Note that you will also have to use Section 15-2411, Calculation of Required Spaces, as well when calculating the required number of parking. Required Parking Proposed Parking Does proposed parking meet requirement? If the project does not meet the requirement, what needs to be changed? 1.5 per service bay and 1.5 per 250 s.f. of retail on site. 13 ☐Yes ☒ No ☐Not applicable Demonstrate compliance for parking requirement. E. Parking Reductions Reduction Requirements The number of on-site parking spaces required by Sections C and D may be reduced as follows: A. Affordable Housing Developments. See 15-2205, Affordable Housing Concessions and Incentives. B. Transit Accessibility. For any land use except residential single-unit, duplex, and triplex development, if any portion of the lot is located within ¼ mile of a transit stop with a 15 minute or more frequent service during the hours of 7 a.m. to 9 a.m. and 5 p.m. to 7 p.m., the number of required parking spaces may be re duced by 30% of the normally required number of spaces. C. Shared Parking. Where a shared parking facility serving more than on use will be provided, the total number of required parking spaces may be reduced up to 50% at the discretion of the Review Authority, if all of the following findings are made: 1. The peak hours of uses will not overlap or coincide to the degree that peak demand for parking spaces from all uses will b e greater than the total supply of spaces; 2. The adequacy of proposed shared parking provided will equal or exceed the level that can be expected if parking for each use were provided separately; 3. A parking demand study prepared by an independent traffic engineering professional approved by the City supposed the proposed reduction; and, 4. When a shared parking facility serves more than one property, a parking agreement shall be prepared consistent with the provisions of Section 15-2414-D, Off-Site Parking Facilities for Non-Residential Uses. D. Other Parking Reductions. Required parking for any use may be reduced up to 20% through Planning Commission approval of a Conditional Use Permit, however, the 20% reduction may not be made in addition to any reductions for A) Shared Parking, or B) Transit Accessibility. 1. Criteria for Approval. The Planning Commission may only approve a CUP for reduced parking if it finds that: a. The site is fully developed and it would be infeasible or impractical to provide additional parking; b. Special conditions – including, but not limited to, the nature of the proposed operation; proximity to frequent transit service; transportation of characteristics of persons residing, working, or visiting the site; c. The use will adequately be served by the proposed on-site parking; and d. Parking demand generated by the project will not exceed the capacity of or have a detrimental impact on the supply of on - street parking in the surrounding area. 2. Parking Demand Study. In order to evaluate a proposed project’s compliance with the above criteria, a park ing demand study shall be prepared by an independent traffic engineering professional approved by the City that substantiates the basis for granting a reduced number of spaces and includes any of the following information: a. Total square footage of all uses within existing and proposed development and the square footage devoted to each type of use. b. A survey of existing accessibility via a defined pedestrian path (i.e. sidewalk) to on -street parking within 350 ft. of the project site. c. Parking requirements for the net change in square footage and/or change in use, based on the requirements of Sections 15-2408 and 15-2409. d. Estimated net change in parking demand between existing and proposed development, using any available existing parking generation studies from the Institute for Transportation Engineers (ITE) or other sources. If appropriate parking demand studies are not available, the City may require the applicant to conduct a parking demand survey of a development similar to the proposed project. Property Development Standards Checklist for C-16-033 December 20, 2017 e. Comparison of proposed parking supply with parking requirements and net change in parking demand . f. A shared parking analysis, as appropriate. g. A description of possible Transportation Demand Management measures, such as preferential carpool spac es; telecommuting or staggered work shifts; provision of transit passes or other transit incentives for residents, employees, and/or students; incorporation of spaces for car share vehicles, bicycles or other measure that could result in reduced parking demand. h. Other information as required by the City. Do any of the reductions apply to the project? ☐Yes ☒ No ☐Not applicable If no, then skip to Section F. Proposed Parking, with Reductions Does proposed parking meet requirement? If the project does not meet the requirement, what needs to be changed? N/A ☐Yes ☐ No ☐Not applicable N/A F. Location of Parking Requirements: Does project meet requirement? If project does not meet requirement, what needs to be changed? 1. Location on Same Parcel. Required parking shall be located on the same parcel as the uses served, unless otherwise provided by this article. ☒Yes ☐ No ☐Not applicable 2. Front and Street-Side Setbacks. No parking spaces shall be located within the front or street side setback areas. ☒Yes ☐ No ☐Not applicable Off-site Parking Facilities for Non-Residential Uses. Parking facilities of uses other than residential use (not including mixed -use projects), may be provided off-site with approval of a CUP if the following is provided: 1. The off-street parking is proposed in a district that permits that proposed use that the parking is serving. A parcel may not house parking for a use that is not permitted on the site; ☐Yes ☐ No ☒Not applicable 2. The parking site is located within 400 ft. of the use; ☐Yes ☐ No ☒Not applicable 3. The site is along an improved pedestrian route that connects to the principal entrance containing the use(s) for which the parking is required; ☐Yes ☐ No ☒Not applicable 4. On the same side of the street, across an alley, or across a local street; and ☐Yes ☐ No ☒Not applicable 5. There is a written agreement between the landowner(s) and the City in the form of a covenant guaranteeing among the landowner(s) for access to and use of the parking facility that the spaces will be maintained and reserved for the uses served for as long as such uses are in operation. ☐Yes ☐ No ☒Not applicable G. Requirements for Parking Lot Trees Requirements: Does project meet requirement? If project does not meet requirement, what needs to be changed? 1. Shading Required. Provide one tree for each two parking spaces, unless it can be demonstrated to the satisfaction of the Review Authority that less trees can be provided and 50 percent parking lot shading would still be met. ☐Yes ☒ No ☐Not applicable Demonstrate compliance with this requirement. 2. Shade may be provided by canopies, shade structures, trees, or other equivalent mechanism. If shade is provided by trees, the amount of required shading is to be reached within 15 years. ☐Yes ☐ No ☐Not applicable 3. Distribution. Trees shall be distributed relatively evenly throughout the parking area. ☐Yes ☒ No ☐Not applicable Demonstrate compliance with this requirement. 4. Species. Required trees for parking lots shall be selected from a list maintained by the City. ☒Yes ☐ No ☐Not applicable 5. Size. All trees shall be a minimum 15-gallon size with a one-inch diameter as measured 48 in. above natural grade. ☒Yes ☐ No ☐Not applicable Property Development Standards Checklist for C-16-033 December 20, 2017 Required Number of Trees Proposed Number of Trees Does proposed number of trees meet requirement? If the project does not meet the requirement, what needs to be changed? 6 5 ☐Yes ☒ No ☐Not applicable Add trees. H. Shopping Cart Collection Areas When there are businesses that utilize shopping carts, including grocery and home improvement stores, shopping cart storage areas shall be provided throughout the parking lots. Stores that do not allow shopping carts to be taken out of the store a re excepted. Shopping cart collection areas shall comply with the following: Requirements: Does project meet requirement? If project does not meet requirement, what needs to be changed? 1. Collection areas shall consist of a corral surrounded by a 6 inch concrete curb to prevent carts from straying into pedestrian and automobile paths; ☐Yes ☐ No ☒Not applicable 2. Highly visible signage shall be provided to mark a collection area’s location; and ☐Yes ☐ No ☒Not applicable 3. Collection areas shall be distributed throughout the parking lot. ☐Yes ☐ No ☒Not applicable 4. Additional outdoor collection areas shall be provided proximate to the store and shall be screen with a 4 ft. wall. ☒Yes ☐ No ☐Not applicable I. Required Parking for Bicycles Requirements Refer to section 15-2429-D, Required On-Site Bicycle Parking Spaces, to determine the required amount of bicycle parking stalls. Required Bicycle Parking Proposed Bicycle Parking Does proposed parking meet requirement? If the project does not meet the requirement, what needs to be changed? 2 Not specified on plans. ☐Yes ☒ No ☐Not applicable Specify proposed number of bicycle spaces. J. Required Loading Spaces Requirements Loading spaces are required when a building is to be occupied by a manufacturing establishment, storage facility, warehouse facility, retail store, eating and drinking, wholesale store, market, hotel, hospital, mortuary, laundry, dry-cleaning establishment, or other use similarly requiring the receipt of distribution by vehicles or trucks of material or merchandise per Table 15 -2430-A when any of the following are met: 1. Every new building 2. When a building is enlarged by 20% or more or 2,500 sq. ft., whichever is less. The standard shall be cumulative from the date of adoption of this code 3. There is a Change of Occupancy as defined by the Building Code Property Development Standards Checklist for C-16-033 December 20, 2017 Required Number of Loading Spaces Proposed Number of Loading Spaces Does proposed number of loading spaces meet requirement? If the project does not meet the requirement, what needs to be changed? None None ☒Yes ☐ No ☐Not applicable N/A K. Loading Bays Is the project a commercial/office district (or any non-residential district) that abuts a residential district? ☐Yes ☒ No If no, skip to next section, Parking Area Development Standards. Requirements: Does project meet requirement? If project does not meet requirement, what needs to be changed? 1. Loading bays and roll-up doors shall be painted to blend with the exterior structure walls and generally located on the rear of the structure. ☐Yes ☐ No ☐Not applicable Areas for loading and unloading shall be designed to avoid potential adverse noise, visual, air quality, and illumination impacts on neighboring residences. These areas shall be concealed from view of the public and adjoining land uses. Concealment and screening may be accomplished by use of any of the following, subject to the review and approval: 2a. Design structures to enclose the loading and unloading service areas thereby providing for their concealment; or ☐Yes ☐ No ☐Not applicable 2b. A perimeter 8 ft. high solid grout walls for depressed loading areas, 12 ft. for at-grading loading areas, to be architecturally coordinated with the main structures and on-site landscaping. Additional heights may be required to mitigate noise. ☐Yes ☐ No ☐Not applicable 3. Loading bays shall have signage requiring drivers to limit idling to 5 minutes or less. ☐Yes ☐ No ☐Not applicable 4. When it is not possible or desirable to locate the loading/unloading facilities at the rear of the structures, the loading docks and loading doors shall be located on the side of the structures and shall be screened from the public street rights-of-way by a suitable combination of walls and landscaped berms. ☐Yes ☐ No ☐Not applicable L. Parking Garages Requirements: Does project meet requirement? If project does not meet requirement, what needs to be changed? 1. Step-Back Provisions. A parking garages that does not incorporate ground-floor non-residential or residential use or is not otherwise screened or concealed at street frontages on the ground level, must provide a landscaped area at least 15 ft. wide between the parking garage and public street and shall set back an additional 2 ft. for every story above 2. If there is another building between the parking garage and the public street, this subsection shall not apply. ☐Yes ☐ No ☐Not applicable 2. Rooftop Planting. Uncovered parking on the top level of a parking structure shall have rooftop planters with a minimum dimension of 24 inches around the perimeter of the top floor which is visible from a public street. Shrubs shall be visible. ☐Yes ☐ No ☐Not applicable PARKING AREA DEVELOPMENT STANDARDS A. Electric Vehicle (EV) Parking Office and Commercial Districts Requirements: Does project meet requirement? If project does not meet requirement, what needs to be changed? Property Development Standards Checklist for C-16-033 December 20, 2017 1. For parking lots with less than 250 spaces. Refer to the California Building Code. ☐Yes ☐ No ☒Not applicable 2. For parking lots with 250 spaces or more. Per the California Building Code or the following, whichever shall provide the greater amount of EV spaces: i. There shall be one vehicle charging station for every 250 spaces. ii. At least one space shall be 15 ft. in width. iii. Signage shall clearly state that spaces are to be used for actively charging vehicles only. ☐Yes ☐ No ☒Not applicable B. Motorcycle Parking 1. Motorcycle parking may substitute for up to 5% of required automobile parking. ☐Yes ☐ No ☒Not applicable 2. Each motorcycle space must be at least 4 ft. wide and 7 ft. deep. ☐Yes ☐ No ☒Not applicable C. Tandem Parking 1. Does tandem parking satisfy the off-street parking requirement? ☐Yes ☐ No ☒Not applicable 2. No more than 2 vehicles shall be placed one behind the other; ☐Yes ☐ No ☒Not applicable 3. Both spaces shall be assigned as employee only parking for a non-residential establishment. Tandem parking under this scenario shall be for the same establishment; ☐Yes ☐ No ☒Not applicable 4. Tandem parking shall not be used to satisfy the parking requirement for guest parking; and, ☐Yes ☐ No ☒Not applicable 5. Tandem parking to meet required parking for non-residential uses may be used for employee parking and the number of tandem parking spaces shall not exceed 25% of the total number of spaces. ☐Yes ☐ No ☒Not applicable D. Stacked Parking 1. Stacked or valet parking is allowed for non-residential uses if an attendant is present to move the vehicles. Does the project proposed meet the given requirement? ☐Yes ☐ No ☒Not applicable 2. If stacked parking managed by an attendant is used for required parking spaces, the property owner shall enter into an agreement in the form of a covenant with the City ensuring that an attendant will always be present when the lot is in operation. Does the applicant have a covenant with the city, if applicable? ☐Yes ☐ No ☒Not applicable 3. Stacked parking shall not account for more than 50% of the required parking. ☐Yes ☐ No ☒Not applicable PARKING ACCESS Section Requirement Does project fulfill this requirement? Property Development Standards Checklist for C-16-033 December 20, 2017 Shared Vehicle and Pedestrian Access Whenever possible, new Commercial development shall provide shared vehicle and pedestrian access to adjacent non-residential properties for convenience, safety, and efficient circulation. A joint access agreement in the form of a covenant shall be recorded ensuring that access will be maintained. The following exceptions shall apply: 1. If either site is developed and there is no feasible location to gain access, the Director may waive this condition; however, the removal of excess parking may not be considered a barrier to gaining access. 2. Shared access shall not be required for development in areas with a highly interconnected street grid, short blocks (less than 500 ft. on average), and a complete sidewalk network. ☐Yes ☐ No ☒Not applicable Forward Entry Parking lots shall be provided with suitable maneuvering room so that all vehicles therein may enter an abutting street in a forward direction. ☒Yes ☐ No ☐Not applicable Distance from Driveways on Local Streets Parking spaces shall not be located within 20 ft. of an access driveway, measured from the property line. ☒Yes ☐ No ☐Not applicable Distance from Driveways on Major Streets Parking spaces and drive aisles shall be configured in such a way as to promote smooth flow of traffic onto the site of adjacent streets. The length of driveways or “throat length” shall be designed to prevent vehicles from backing into the flow of traffic on the public street or causing unsafe conflicts with on-site circulation. Entrance designs shall be subject to approval by the City Engineer. ☐Yes ☐ No ☐Not applicable Commercial Developments that Exceed 10 Acres Drive entrances to centers that are 10 acres or larger shall generally provide a driveway length of 100 ft. prior to the first parking stall. ☐Yes ☐ No ☒Not applicable Alleys For Non-Residential access, parking spaces shall provide a backup area of 27 ft. ☒Yes ☐ No ☐Not applicable Size of Parking Spaces and Maneuvering Aisles Parking spaces and maneuvering aisles shall meet the minimum dimensions as may be established by the Public Works Director. ☐Yes ☐ No ☐Not applicable Parking Spaces Abutting a Wall or Fence Each parking space adjoining a wall, fence, column, or other obstruction higher than 0.5 ft. shall be increased by two ft. on each obstructed side, provided that the increase may be reduced by 0.25 ft. for each one foot of unobstructed distance from the edge of required aisle, measured parallel to the depth of the parking space. ☐Yes ☐ No ☐Not applicable Proposed changes for sections where requirements were not met: SUMMARY AND OTHER COMMENTS ATTACHMENTS: County of Fresno DEPARTMENT OF PUBLIC HEALTH David Pomaville, Director Dr. Ken Bird, Health Officer Promotion, preservation and protection of the community’s health 1221 Fulton Mall /P. O. Box 11867, Fresno, CA 93775 (559) 600-3271 FAX (559) 600・ -7629 The County of Fresno is an Equal Opportunity Employer www.co.fresno.ca.us www.fcdph.org・ April 14, 2017 LU0018935 Robert Berend 2602 Development & Resource Management 2600 Fresno Street, Third Floor Fresno, CA 93721-3604 Dear Mr. Berend: PROJECT NUMBER: A-17-002, R-17-004, C-16-033 Conditional Use Permit Application No. C-16-033-ABCUP was filed by Ken Vang of Precision Engineering, on behalf of George Beal of Beal Developments, and pertains to ±0.55 acre of property located on the southwest corner of East Belmont and North Van Ness Avenues. The applicant proposes the construction of a 3,453 square-foot Johnny Quik convenience store, an 849 square-foot quick serve restaurant with indoor seating, restrooms, and a 4-dispenser Chevron fueling facility with a 2,160 square- foot covered canopy. The applicant is also requesting authorization to establish a State of California Alcoholic Beverage Control Type 20 alcohol license (Package Store-sale of beer and wine for consumption off the premises were sold) for the convenience store. NOTE: City-initiated Plan Amendment Application No. A-17-002 and Rezone Application No. R-17-004 propose land use and zoning changes on designated properties within the city. For the subject property the plan amendment proposes to amend the Fresno General Plan from the commercial-main street land use designation to the commercial-general land use designation. The rezone proposes to amend the Official Zone Map to reclassify the property from CMS (Commercial-Main Street) to CG (Commercial- General). This action will allow for the development of a convenience store and service station at the subject proposed location. APN: 459-043-23, 03, 36 ZONING: From CMS to CG ADDRESS: 940 East Belmont Avenue Recommended Conditions of Approval for Fuel Facility & Johnny Quik Food Store: Prior to issuance of building permits, the applicant(s) will be required to submit complete food facility plans and specifications to the Fresno County Department of Public Health, Environmental Health Division, for review and approval. Contact the Consumer Food Protection Program at (559) 600-3357 for more information. Prior to operation, the applicant(s) shall apply for and obtain permits to operate food facilities from the Fresno County Department of Public Health, Environmental Health Division. A permit, once issued, is nontransferable. Contact the Consumer Food Protection Program at (559) 600-3357 for more information. Prior to alcohol sales, the applicant shall obtain their license to sell alcoholic beverages. Contact the California Alcoholic Beverage Control Department at (559) 225-6334 for more information. Robert Berend April 14, 2017 A-17-002, R-17-004, C-16-033 Page 2 of 2 The proposed construction project has the potential to expose nearby residents to elevated noise levels. Consideration should be given to your City’s municipal code. Facilities that use and/or store hazardous materials and/or hazardous wastes shall meet the requirements set forth in the California Health and Safety Code (HSC), Division 20, Chapter 6.95, and the California Code of Regulations (CCR), Title 22, Division 4.5. Your proposed business will handle hazardous materials and/or hazardous waste and will be required to submit a Hazardous Materials Business Plan pursuant to the HSC, Division 20, Chapter 6.95 (http://cers.calepa.ca.gov/ or https://www.fresnocupa.com/). For more information please contact the local Certified Unified Program Agency (CUPA) at (559) 600-3271. Prior to the issuance of building permits, the proposed fuel facility applicant shall submit three (3) sets of complete plans and specifications regarding the installation of any underground storage tanks to the Fresno County Department of Public Health, Environmental Health Division. Contact the Certified Unified Program Agency (CUPA), at (559) 600-3271 for more information. Prior to operations, the proposed fuel facility applicant shall apply for and secure a Permit to Operate an Underground Storage Tank System from the Fresno County Department of Public Health, Environmental Health Division. Contact the Certified Unified Program Agency at (559) 600-3271 for more information. As a measure to protect ground water, all water wells and/or septic systems that exist or have been abandoned within the project area should be properly destroyed by an appropriately licensed contractor. Prior to destruction of agricultural wells, a sample of the upper most fluid in the water well column should be sampled for lubricating oil. The presence of oil staining around the water well may indicate the use of lubricating oil to maintain the well pump. Should lubricating oil be found in the well, the oil should be removed from the well prior to placement of fill material for destruction. The "oily water" removed from the well must be handled in accordance with federal, state and local government requirements. Should any underground storage tank(s) be found during the project, the applicant shall apply for and secure an Underground Storage Tank Removal Permit from the Fresno County Department of Public Health, Environmental Health Division. Contact the Certified Unified Program Agency at (559) 600-3271 for more information. The following comments pertain to the demolition of existing structure(s): Should the structure(s) have an active rodent or insect infestation, the infestation should be abated prior to demolition of the structure(s) in order to prevent the spread of vectors to adjacent properties. In the process of demolishing the existing structure(s), the contractor may encounter asbestos containing construction materials and materials coated with lead based paints. If asbestos containing materials are encountered, contact the San Joaquin Valley Air Pollution Control District at (559) 230-6000 for more information. Robert Berend April 14, 2017 A-17-002, R-17-004, C-16-033 Page 2 of 2 If the structure(s) were constructed prior to 1979 or if lead-based paint is suspected to have been used in these structures, then prior to demolition and/or remodel work the contractor should contact the following agencies for current regulations and requirements: California Department of Public Health, Childhood Lead Poisoning Prevention Branch, at (510) 620-5600. United States Environmental Protection Agency, Region 9, at (415) 947-8000. State of California, Industrial Relations Department, Division of Occupational Safety and Health, Consultation Service (CAL-OSHA) at (559) 454-5302. The proposed construction and demolition project has the potential to expose nearby residents to elevated noise levels. Consideration should be given to your City’s municipal code. REVIEWED BY: Kevin Tsuda, R.E.H.S. Environmental Health Specialist II (559) 600-3271 kt cc: Rogers, Moreno, Ossai, Malavong & Bains- Environmental Health Division (CT 06.00) George Beal- Owner (bealdevelopments@aol.com) Chaz Micheli- Applicant (chazmicheli@yahoo.com) Ken Vang- Agent (kvang@precisioneng.net) Department of Public Utilities – Water Division DATE: May 2, 2017 TO: ROBERT BEREND, Planner II Development Department/Current Planning THROUGH: THOMAS C. ESQUEDA, Director Department of Public Utilities FROM: ROBERT A. DIAZ, Senior Engineering Technician Department of Public Utilities, Water Division SUBJECT: WATER REQUIREMENTS FOR CONDITIONAL USE PERMIT C-16-033, REZONE APPLICATION R-17-004 AND PLAN AMENDMENT APPLICATION NO. A-17-002 General Conditional Use Permit Application No. C-16-033-ABCUP was filed by Ken Vang of Precision Engineering, on behalf of George Beal of Beal Developments, and pertains to +/-0.55 acre of property located on the southwest corner of East Belmont and North Van Ness Avenues; 940 East Belmont Avenue, APN: 459-043-23, 03, 36. The applicant proposes the construction of a 3,543 square-foot Johnny Quik convenience store, an 849 square -foot quick serve restaurant with indoor seating, restrooms, and an 8-station Chevron fueling facility with a 2,160 square-foot covered canopy. The applicant is also requesting authorization to establish a State of California Alcoholic Beverage Control Type 20 alcohol license (Pac kage Store-sale of beer and wine for consumption off the premises were sold) for the convenience store. Note: City-initiated Plan Amendment Application No. A-17-002 and Rezone Applications No. R-17-004 propose land use and zoning changes on designated pr operties within the City. For the subject property the plan amendment proposes to amend the Fresno General Plan from the commercial-main street land use designation to the commercial-general land use designation. The rezone proposes to amend the Official Zone Map to reclassify the property from CMS (Commercial-Main Street) to CG (Commercial-General). This action will allow for the development of a convenience store and service station at the subject proposed location. Water Requirements The nearest water mains to serve the proposed project are an 8-inch main located in the Fulton & Van Ness Alleyway and a 12-inch main located in East Belmont Avenue. Water facilities are available to provide service to the site subject to the following requirements: A Nationally Accredited Public Utility Agency MEMORANDUM Robert Berend, Planner II Water Requirements for Conditional Use Permit C-16-033 Page 2 of 3 May 2, 2017 1. The proposed project is currently served with four, one-inch water services. 2. The project applicant shall be required to pay water-related fees and charges in accordance with the City’s Master Fee Schedule and Municipal Code. 3. If the water demands for the applicant’s project can be accommodated with the existing one-inch water services, the applicant shall not be required to construct, or participate in the construction of, any water system improvements or enhancements to accomm odate the project’s water demands. 4. If the water demands for the applicant’s project increases beyond what the existing water services may produce, the applicant will be required to construct, or participate in the construction of, water system improvements or enhancements to accommodate the project’s increased water demands, inclusive of fire protection. The degree of system improvements or enhancements required to accommodate the increased water demands for the project will be dependent upon the Peak Hour Water Demands, Total Annual Water Demands, and Fire Protection Water Demands required to serve the var ious structures planned for the applicant’s project site. The water system elements that will be incorporated into the cost of water system improvements and enhancements will include: a. Additional groundwater pumping capacity b. Additional groundwater recharge capacity c. Additional surface water treatment capacity d. Additional water distribution system capacity 5. To determine the degree of water system improvements and enhancements the applicant shall be required to construct, or participate in the construction of, t he applicant shall present water demand forecasts for the proposed project to the Director of Public Utilities, or designee. a. The applicant shall provide a forecast for the Peak Hour Water Demand (gallons per minute) at full build out of the project, including domestic, irrigation, commercial, and industrial demands; b. The applicant shall provide a forecast for the Total Annual Water Demand (gallons) at full build out for the project, including domestic, irrigation, commercial, and industrial demands; and c. The applicant shall include a Fire Protection Water Demand of 1,500 gallons per minute (gpm) in the water demand forecast. MEMORANDUM Robert Berend, Planner II Water Requirements for Conditional Use Permit C-16-033 Page 3 of 3 May 2, 2017 d. The Peak Hour Water Demands plus Fire Protection Water Demands shall represent the peak instantaneous water demands required for the project. 6. The project applicant shall not be reimbursed for water supply facilities constructed by the applicant that only provide benefit and water supply capacity for structures and facilities located within the project boundary. 7. The project applicant shall be reimbursed for water supply facilities constructed by the applicant that provide benefit and capacity to properties located outside of the project boundary. Such reimbursements shall be in accordance with t he City’s Master Fee Schedule and Municipal Code. 8. If desired, the project applicant may request a cost estimate from the City to provide the necessary water system improvements and enhancements to accommodate the forecasted peak instantaneous water demands for the project. The City’s cost estimate to provide the water system improvements and enhancements to accommodate the project’s water demands shall be based on the number of water meters, and size of water meters required for the applicant’s project. The fee schedule is presented below: Meter Size Water Capacity Charge Per Meter Up to ¾-inch $2,624 1" $4,246 1‐1/2" $5,308 2" $10,615 3" $16,984 4" $26,538 6” $53,076 8” $254,763 Page 1 of 5 5/9/2017 C-16-033 BELMONT AVE 940 E.doc DATE: May 9, 2017 TO: Robert Berend Development and Resource Management Department FROM: Jairo Mata, Engineer II Public Works Department, Traffic and Engineering Services Division SUBJECT: Conditions of Approval for C-16-033 ADDRESS: 940 East Belmont Avenue APN: 459-043-23, 03 & 36 ATTENTION: The items below require a separate process with additional fees and timelines, in addition to the CUP/SPR permit process. Submit the following items prior to building permits. X Deed (up to 2 month processing time) Deed documents for the required dedications must conform to the format specified by the city and shall be prepared by the applicant’s engineer. Pay the deed document processing and recordation fee at the time of deed submittal with verification of ownership prior to the issuance of building permits. Jeff Beck Public Works Department (559) 621-8560 jeff.beck@fresno.gov X Vacation (4 month processing time) A feasibility study for all proposed vacations of existing public right of way is required prior to building permits. Jason Camit Public Works Department (559) 621-8681 Jason.Camit@fresno.gov X Proposed building over lot lines. A Lot Merger is required prior to building permits. Robert Berend Planning and Resource Management Department (559) 621-8060 Robert.Berend@fresno.gov PUBLIC IMPROVEMENT REQUIREMENTS The following requirements are based on city records and the accuracy of the existing and proposed on-site and off-site conditions depicted on the exhibits submitted. Requirements not addressed due to omission or misrepresentation of information, on which this review process is dependent, will be imposed whenever such conditions are disclosed. Repair all damaged and/or off grade off-site concrete street and/or alley improvements as determined by the City of Fresno Public Works Department, Construction Management Division, (559) 621-5600. Pedestrian paths of travel must also meet current accessibility regulations. Remove and replace all existing sidewalks in excess of 2% maximum cross slope prior to acceptance by Public Works. Underground all existing off-site overhead utilities within the limits of this site/map as per FMC Section 15-4114. Page 2 of 5 5/9/2017 C-16-033 BELMONT AVE 940 E.doc East Belmont Avenue: Collector 1. Dedication and / or Vacation Requirements a. If not existing dedicate a corner cut for public street purposes at the intersection of Belmont and Van Ness Avenues to accommodate the 4’ clear path of travel behind the curb ramp. 2. Construction Requirements: a. Site Plan approval of a street type approach to Public Works Standard P-76 is a tentative approval until such time that a qualified Civil Engineer prepares street plans that provide the sufficient cross drainage approved by the City Engineer in accordance with Public Works Standard P-10. If grades are not sufficient, construct to Public Works Standards P-2 and P-6. b. Provide a 12’ visibility triangle at all driveways, per Fresno Municipal Code (FMC) 15-2018B. c. Where missing construct sidewalk to match existing, if the sidewalk is to be removed due to excessive grades replace with a 12’ concrete sidewalk to Public Works Standard P-5. d. Remove abandoned (existing driveway approaches not identified for utilization) driveway approach as noted on Exhibit “A”, and install sidewalk, curb and gutter per City of Fresno Public Works Standard Drawing P-5 to match existing or proposed street improvement line and grade per Fresno Municipal Code (FMC) 13-211. e. Modify or replace the existing ramp to meet current Public Works Standards, as approved on the required street plans PRIOR to occupancy. North Van Ness Avenue: Scenic Collector 1. Dedication and / or Vacation Requirements a. If not existing dedicate a corner cut for public street purposes at the intersection of Van Ness and Madison Avenues to accommodate the 4’ clear path of travel behind the curb ramp. b. Vacate excess of right of way adjacent to this application as shown on Exhibit “A”, coordinate site plan to match street plans. 2. Construction Requirements: a. Construct an 18’-24’ “Enter Only” driveway approach to Public Works Standards P-2 and P-6. If parking is allowed adjacent to the curb, provide 10’ of red curbing (3 coats) on both sides of the proposed driveway approaches. Construct a concrete pedestrian walkway behind all driveway approaches as identified on Exhibit “A”. Asphalt concrete paving per City of Fresno Public Works Standard Drawing P-21 may be substituted for concrete. b. Provide a 12’ visibility triangle at all driveways, per Fresno Municipal Code (FMC) 15-2018B. c. Remove abandoned (existing driveway approaches not identified for utilization) driveway approach as noted on Exhibit “A”, and install sidewalk, curb and gutter per City of Fresno Public Works Standard Drawing P-5 to match existing or proposed street improvement line and grade per Fresno Municipal Code (FMC) 13-211. d. Since the right of way varies, if the sidewalk needs replacement construct within the existing right of way per Public Works Standard P-5. e. Modify or replace the existing ramp to meet current Public Works Standards, as approved on the required street plans PRIOR to occupancy. Page 3 of 5 5/9/2017 C-16-033 BELMONT AVE 940 E.doc East Madison Avenue: Local 1. Construction Requirements: a. Construct a 35’ driveway approach to Public Works Standards P-2, and P-6. If parking is allowed adjacent to the curb, provide 10’ of red curbing (3 coats) on both sides of the proposed driveway approaches. Construct a concrete pedestrian walkway behind all driveway approaches as identified on Exhibit “A”. Asphalt concrete paving per City of Fresno Public Works Standard Drawing P-21 may be substituted for concrete. b. Provide a 12’ visibility triangle at all driveways, per Fresno Municipal Code (FMC) 15-2018B. c. Where missing construct sidewalk to match existing, if the sidewalk is to be removed due to excessive grades replace with a 10’ concrete sidewalk to Public Works Standard P-5. Alley: 1. If not existing to current Public Works Standards, construct alley approaches to Public works Standard P-13. 2. If not existing, construct alley paving per Public Works Standard P-12. 3. Provide a 12’ visibility triangle at all points of ingress/egress, per Fresno Municipal Code (FMC) 15-2018B. 4. Show and identify all existing and proposed alley improvements. Prior to obtaining a certificate of occupancy, obtain the City Engineer’s approval for the required street construction plans. Construct all improvements in accordance with the City of Fresno, Public Works Department Standard Drawings and Specifications. The performance of any work within the public street right of way (including pedestrian and utility easements) requires a STREET WORK PERMIT prior to commencement of work. When preparing Street Plans and/or Traffic Control Plans, contact (Randy Schrey) at (559) 621- 8807, 10 working days in advance, to make sure that sidewalks or an approved accessible path remain open during construction. Submit construction plans for all required work, in a single package, to the City of Fresno’s, Traffic and Engineering Services Division. The City Engineer shall determine if utility poles, streetlights, etc. require relocation. Contact Underground Services Alert (USA) at 811, two working days before commencing excavation operations within the street right of way and/or utility easement to locate all underground facilities. A person licensed to practice Land Surveying in the State of California is required to preserve or reset all survey monuments within the area of construction. PRIVATE IMPROVEMENT REQUIREMENTS Off-Street Parking Facilities and Geometrics 1. Off-Street parking facilities and geometrics shall conform to the City of Fresno Public Works Department, Parking Manual and Standard Drawing(s) P-21, P-22, P-23. 2. Install 30" state standard "STOP" sign(s) at location(s) shown. Signs shall be mounted on a 2" galvanized post with the bottom of the lowest sign 7’ above ground, located behind curb and immediately behind a major street sidewalk. Page 4 of 5 5/9/2017 C-16-033 BELMONT AVE 940 E.doc 3. Provide parking space needs, circulation, access, directional signs (e.g. "Entrance," "Exit," "Right Turn Only," "One Way" signs, etc.) as noted on Exhibit “A”. Traffic Signal Mitigation Impact (TSMI) Fee: This project shall pay all applicable TSMI Fees at the time of building permit. Contact the Public Works Department, Frank Saburit at (559)621-8797. The fees are based on the trip generation rate(s) as set forth in the latest edition of the ITE Generation Manual. Trip Generation: This development will generate the following Average Daily Trips (A.D.T.), as shown below: Description/ ITE code Size ADT AM Peak Hour PM Peak Hour Serv.Stat.w/Conv.Mkt / 945 8 Fuel Positions 1,302 81 108 Fast Food w/o Drive Thru / 933 849 SF 608 37 22 Total: 1,910 118 130 Fresno Major Street Impact (FMSI) Fees: This entitlement is in the Infill Area; therefore pay all applicable City-wide regional street impact fees. Contact the Public Works Department, Frank Saburit at (559) 621-8797. Regional Transportation Mitigation Fee (RTMF): Pay all applicable RTMF fees to the Joint Powers Agency located at 2035 Tulare Street, Suite 201, Fresno, CA 93721; (559) 233-4148 ext. 200; www.fresnocog.org. Provide proof of payment or exemption prior to issuance of certificate of occupancy. Prior to resubmitting a corrected exhibit, provide the following information on the site plan: A. General Requirements 1. Parcel of Record: Provide a legal description of the legal lots of record. 2. Easements and Vacations: Identify and dimension. 3. Scope of work: All items shall be listed as existing or proposed. B. Offsite Information: 1. Adjacent Streets: Identify and provide the name for Madison Avenue. 2. Section and Center Lines: Show and identify. 3. Street Improvements and Furniture: Accurately show, identify, dimension and verify all existing and proposed curb, gutter, sidewalks (provide width), driveway approaches (provide width), accessibility ramps (provide radius), street lights, utility poles, boxes/vaults, etc. 4. Accessibility: Identify the required 4’ minimum path of travel along the public sidewalk adjacent to property, as required by the California Administration Code (Title 24). A pedestrian easement may be required if Title 24 requirements cannot be met. 5. Median Islands: Identify and specify existing to remain. C. Onsite Information: 1. Buildings: Identify and label existing building, as existing to remain or to be removed. 2. Access: Provide pedestrian, vehicular, and service access. Identify in the operational statement the maximum size of vehicle to enter and exit the site. Provide turning templates on the site plan for all large vehicles. Page 5 of 5 5/9/2017 C-16-033 BELMONT AVE 940 E.doc d. Identify a 12’ visibility triangle at all driveways and points of egress into public right of way, per Fresno Municipal Code (FMC) 15-2018B. 3. Driveways and Alleys: Provide a 12’ visibility triangle at all driveways, per Fresno Municipal Code (FMC) 15-2018B. 4. Parking Lot: a. Curbs and/ or Wheel Stops: 6” high b. Directional flow of traffic: Identify proposed directional arrows at beginning and end of aisles. c. Lighting / Accessibility signage: not to be within the 2’ vehicular overhang. d. Paving: per Public Works Standards P-21,P-22, P-23 5. Walls or Fencing: Identify height. Questions relative to these conditions may be directed to Jairo Mata at 559 621-8714 Jairo.Mata@fresno.gov , in the Public Works Department, Traffic and Engineering Services Division. December 11, 2017 Operational Statement Johnny Quik Food Store 940 E. Belmont Ave Fresno, CA Project CUP 16‐033 The project pertains to 0.55 acres of property located in the Southwest corner of E Belmont Ave. and N. Van Ness Ave. APNs: 459‐043‐03,23, and 36. This property is zoned CG (Commercial General). The proposed project complies with the General Plan. To the north, and west the adjacent properties have existing commercial land uses. To the east is a vacant land. This application is requesting authorization to build a service station with 8 vehicle fueling stations with a 3,453 sq. ft. building for a convenience store, and subway.. The project site will have 13 parking spaces. The operational use will consist of citizens around the area stopping by to buy food and/or beverages. There is intent of selling alcohol in which we will be applying for an ABC permit. However, the sale of alcohol is incidental and appurtenant to convenience market, and provides for a more complete and convenient shopping experience. The existing site currently consists of an existing commercial building, which will be demolished as part of the development of the project. There is also an existing billboard, that is proposed to be relocated to allow for adequate vehicular circulation. Below you will find a detailed breakdown of the general business operation timeline, employee count and security system used. 1. Hours of Operation, Monday ‐ Sunday a. 24 hours to start b. Potential to cut hours to 5:00 AM to 2:00 AM if the business doesn’t support the additional hours of operation. 2. Number of Employees: 8‐10 3. Security System: a. Well lighted parking lot b. 16 camera video system c. Employee training provided City of Fresno Notes and Requirements for Entitlement Applications (Note: Not all requirements will be applicable to all projects) GENERAL 1. Approval of this special permit may become null and void in the event that development is not completed in accordance with all the conditions and requirements imposed on this special permit, the Zoning Ordinance, and all Public Works Standards and Specifications. This special permit is granted, and the conditions imposed, based upon the Operation Statement provided by the applicant. The Operation Statement is material to the issuance of this special permit. Unless the conditions of approval specifically require operation inconsistent with the Operation Statement, a new or revised special permit is required if the operation of this establishment changes or becomes inconsistent with the Operation Statement. Failure to operate in accordance with the conditions and requirements imposed may result in revocation of the special permit or any other enforcement remedy available under the law. The Development and Resource Management Department shall not assume responsibility for any deletions or omissions resulting from the special permit review process or for additions or alterations to construction plans not specifically submitted and reviewed and approved pursuant to this special permit or subsequent amendments or revisions. 2. No land shall be used, and no structure shall be constructed, occupied, enlarged, altered, demolished, or moved in any zoning district, except in accordance with the provisions of this Code. Specific uses of land, buildings, and structures listed as prohibited in any zoning district are hereby declared to be detrimental to the public health, safety, and welfare. 3. Development shall take place in accordance with the Standards, Specifications, and Standard Drawings of the City of Fresno Public Works Department; http://www.fresno.gov/Government/DepartmentDirectory/PublicWorks/DeveloperDoorw ay/Technical+Library/StandardSpecificationsandDrawings.htm 4. Development shall take place in accordance with all city, county, state and federal laws and regulations. 5. Owners and persons having ownership interest in businesses operating in the City of Fresno (including leasing out any commercial or industrial property, or renting out four or more dwelling units) are required by the Fresno Municipal Code to obtain a Business Tax Certificate. Contact the City of Fresno Finance Department‟s Business Tax Division at (559) 621-6880 for more information. Information and an application form is available at the following website: http://www.fresno.gov/Government/DepartmentDirectory/Finance/BusinessLicenseand Tax/businesstaxapplicaiton.htm 6. All proposed building(s) or structure(s) constructed on the property must comply with the prevailing California Building Code Standards. City of Fresno Notes and Requirements For Entitlement Applications Page 2 of 9 7. Any building modifications and/or additions not included with this application are not approved with this special permit and would be subject to a new special permit. 8. A permit granted under this Code shall automatically expire if it is not exercised or extended within three years of its issuance. Refer to section 15 -5013, Expiration of Planning Entitlements, for more information about the exercise of rights. FENCES/WALLS, LANDSCAPING, PARKING 9. Nothing in this Development Code shall be deemed to prohibit the erection of temporary fencing around construction sites in compliance with the Building Code and other applicable provisions of the Fresno Municipal Code. 10. Future fences shall be reviewed and approved by the Development and Resource Management Department prior to installation. 11. Trees shall be maintained by property owners to be free from physical damage or injuring arising from lack of water, chemical damage, accidents, vandalism, insects, and disease. Any tree showing such damage shall be replaced with another tree. 12. No tree for which a Tree Removal Permit is required shall be removed until all conditions of the permit have been satisfied and the decision has become final. In addition, tree(s) approved for removal in conjunction with a development application shall not be removed before the issuance of a Building Permit or unless all of the conditions of approval of the development applications are satisfied. 13. The review authority shall issue a Tree Removal Permit if any of the following general criteria is met: a) The tree(s) is irreparably diseased or presents a danger of falling that cannot be controlled or remedied through reasonable preservation and/or preventative procedures and practices so that the public health or safety requires its removal. b) The tree(s) can potentially cause substantial damage to existing or proposed main structure(s) (e.g. dwellings, other main structures, or public infrastructure) or interfere with utility services and cannot be controlled or remedied through reasonable relocation or modification of the structure or utility services. c) The retention of the tree(s) restricts the economic enjoyment of the property or creates an unusual hardship for the property owner by severely limiting the use of the property in a manner not typically experienced by owners of similarly zoned and situated properties, and the applicant has demonstrated to the satisfaction of the Review Authority that there are no reasonable alternatives to preserve the tree(s). 14. Landscaping must be in place before issuan ce of the certificate of occupancy. A Hold on Occupancy shall be placed on the proposed development until such time that landscaping has been approved and verified for proper installation by the Development Services Division. (Include this note on the site and landscape plans.) City of Fresno Notes and Requirements For Entitlement Applications Page 3 of 9 15. New landscaping shall have an automatic irrigation system designed to provide adequate and efficient coverage of all plant material. Irrigation systems shall comply with the requirements of the California Green Building Standards Code and/or the California Model Water Efficient Landscape Ordinance and/or the California Plumbing Code as may be amended. 16. Future tenant improvements shall be reviewed and approved by the Development and Resource Management Department to ensure that adequate off-street parking is provided. 17. Trees required for parking lots are in addition to trees required elsewhere on the site as prescribed in other sections of this Code. 18. A minimum number of accessible parking stalls are required for the proposed project per State of California Building Code, “Development Requirements for Handicapped Accessibility.” 19. All accessible stalls shall be marked with the international symbol of spaces and a warning that vehicles in violation of Section 10 -1017 of the Municipal Code shall be towed away. The international symbol and tow-away warning shall be posted conspicuously on seven-foot poles. (Include this note on the site plan.) 20. Applicants are encouraged to provide shared vehicle and pedestrian access between adjacent properties for convenience, safety, and efficient circulation. A joint access covenant shall be required. (Include this note on the site plan.) 21. All general standards of Section 15-2015 of the FMC shall apply when lighting is provided to illuminate parking, sales or display areas. Depict all proposed lights on the site plan. 22. Bicycle parking spaces shall be supplied according to Table 15 -2429-D: Required On- Site Bicycle Parking Spaces of the Fresno Municipal Code (FMC). Each bicycle parking space shall be a minimum of 30 inches in width and eight feet in length and shall be accessible without moving another bicycle. At least 30 inches of clearance shall be provided between bicycle parking spaces and adjacent walls, poles, landscaping, street furniture, drive aisles, and pedestrian ways and at least five feet from vehicle parking spaces to allow for the maneuvering of bikes. Overhead clearance shall be a minimum of seven feet. A min imum five foot aisle between each row of bicycle parking shall be provided for bicycle maneuvering beside or between each row, when multiple rows are proposed. Bicycle parking spaces shall not encroach into pedestrian ways, landscaped areas, or other required open spaces, and shall be located proximal to structures. 23. All general provisions of Section 15-2403 of the FMC shall apply to all parking areas. City of Fresno Notes and Requirements For Entitlement Applications Page 4 of 9 SIGNAGE 24. All future signs shall be architecturally compatible with the proposed building(s). Provide a set of drawings, with descriptive information, including, materials, design and colors to allow for a preliminary assessment of the future signage. It is recomm ended that you provide a copy of the signage early in the project process to allow for staff comment. 25. Signs, other than directional signs, if applicable, are not approved for installation as part of this special permit. (Include this note on the site plan.) 26. All proposed signs shall conform to the current sign ordinance. Applications for a sign permit and requirements for submittal are available at the Development and Resource Management Department's Public Front Counter or online at http://www.fresno.gov/Government/DepartmentDirectory/DARM/DevelopmentServices/ StandardsGuidelines/SignsandBanners.htm 27. Window signs limited to the hours of operation, address, occupancy, and emergency information, subject to the following standards: a) Operational windows signs shall not be mounted or placed on windows higher than the second story. b) The maximum area of exempt window signage shall not exceed three square feet in area. 28. Banners, streamers, moving signs, and inflatables (including air dancers, balloons, and similar objects) are allowed subject to Temporary Use Permit approval for establishments within Non-Residential Districts. Signs of this type do not count toward total maximum sign area. No sign per this section shall be displayed for more than 30 days, and a period of 30 must lapse before displaying another sign. Signs shall not be displayed for more than 60 total days during a calendar year. MISCELLANEOUS 29. Noise levels shall not exceed the decibel levels described in Section 15-2506 of the FMC at anytime, measured at the nearest subject property line. http://library.municode.com/HTML/14478/level3/MUCOFR_CH10REREPUNUREPRC OUS_ART1NORE.html#MUCOFR_CH10REREPUNUREPRCOUS_ART1NORE_S10- 102DE 30. The address listed in the conditions of approval is the 'Official Address' given to the building. If you would like separate suite or unit numbers for a building, provide a floor plan and contact the City of Fresno Development and Resource Management Department for 'Official Addresses‟. Only those addresses assigned by the City of Fresno will be recognized as 'Official Addresses'. The United States Post Office will only recognize addresses assigned by the City of Fresno. If a non-official address is given to a building and or/separate suites, the City of Fresno has the authority to charge a fee and have those addresses corrected. In addition, the United States Post Office will cease mail delivery to those addresses that are not „Official Addresses‟. City of Fresno Notes and Requirements For Entitlement Applications Page 5 of 9 31. All projects, including projects that involve less than one acre of property, are required to comply with the City of Fresno‟s Urban Storm Water Quality Management and Discharge Control Ordinance, FMC Chapter 6, Article 7 (FMC Sections 6-701 et seq.) When a project involves one acre or more of construction activity (including, but not limited to, grading) the developer is required to obtain a stormwater discharge permit for construction, with a Notice of Intent (NOI) filed prior to commencement of any grading construction activity. Contact the Fresno office of the California Regional Water Quality Control Board at 559-445-6281 regarding the required NOI and stormwater discharge permit. Additional information on California‟s construction stormwater regulation may be obtained from the Water Board via the internet : www.waterboards.ca.gov/water_issues/programs/stormwater/construction.shtml. Helpful information for preparing and implementing stormwater pollution prevention plans may also be obtained from the California Stormwater Quality Association via its website, www.casqa.org When a project involves specified nonresidential activities (certain commercial and industrial activities), an ongoing industrial stormwater discharge permit is also required. Contact the Fresno office of the California Regional Water Quality Control Board at 559-445-6281 to find out whether your project/business requires an industrial stormwater discharge permit, and to obtain details on securing this permit. Additional information on industrial stormwater regulations may be obtained from the following website: www.waterboards.ca.gov/water_issues/programs/stormwater/industrial.shtml , The California Stormwater Quality Association has additional information on preparing stormwater pollution prevention plans for industrial activities (www.casqa.org). 32. Screen all roof-mounted equipment from the view of public rights -of-way. Depict all mechanical equipment on site plan and elevations. 33. If archaeological and/or animal fossil material is encountered during project surveying, grading, excavating, or construction, work shall stop immediately. (Include this note on the site plan.) 34. If there are suspected human remains, the Fresno County Coroner shall be immediately contacted. If the remains or other archaeological material is possibly Native American in origin, the Native American Heritage Commission (Phone: (916) 653-4082) shall be immediately contacted, and the California Archaeological Inventory/Southern San Joaquin Valley Information Center (Phone: (805) 644 -2289) shall be contacted to obtain a referral list of recognized archaeologists. An archeological assessment shall be conducted for the project, the site shall be formally recorded, and recommendations made to the City as to any further site investigation or site avoidance/preservation. (Include this note on the site plan.) 35. If animal fossils are uncovered, the Museum of Paleontology, U.C. Berkeley shall be contacted to obtain a referral list of recognized paleontologists. An assessment shall City of Fresno Notes and Requirements For Entitlement Applications Page 6 of 9 be conducted by a paleontologist and, if the paleontologist determines the material to be significant, it shall be preserved. (Include this note on the site plan.) 36. Connection to a municipal water system is required unless approved measures are included in the project conditions of approval for an alternative water supply. 37. Connection to a municipal City of Fresno sewer system is required unless approved measures are included in the project conditions for alternative wastewater treatment facilities. 38. City of Fresno water and sewer connection charge obligations applicable to this project will be computed during the building construction plan check process and shall be payable at time of issuance of building permit unless other arrangements have been approved to defer such payments to a later date. For information relating to water and sewer service requirements and connection charges, contact F rank Saburit at (559) 621-8277. 39. Open street cuts are not permitted; all utility connections must be bored. 40. CROSS-CONNECTION CONTROL. A backflow prevention device may be required on the water service. Contact the Department of Public Utilities, Water Division (559) 621- 5300 for requirements relating to approved devices, locations, testing and acceptance. This requirement must be satisfied prior to final occupancy. 41. This project was reviewed by the Fire Department only for requirements related to water supply, fire hydrants, and fire apparatus access to the building(s) on site. Review for compliance with fire and life safety requirements for the building interior and its intended use are reviewed by both the Fire Depar tment and the Building and Safety Section of the Development and Resource Management when a submittal for building plan review is made as required by the California Building Code by the architect or engineer of record for the building. 42. Open storage (outside an enclosed building) shall be limited to vehicles, boats, recreational vehicles, and trailers. Outdoor storages areas shall be screened from public view by building façades or solid fences. At the discretion of the Review Authority, the treatment of the ground surface of the open storage area may be gravel or other materials as prescribed by the San Joaquin Valley Air Pollution Control District, the Public Works Department, the Fire Department, and the Fresno Metropolitan Flood Control District. All open storage must be depicted on the site plan and described in operation. If it is not, it is not allowed on the site. 43. If video surveillance cameras are required or installed, provide signs under the surveillance cameras which notify the public that the subject property is monitored by video surveillance. City of Fresno Notes and Requirements For Entitlement Applications Page 7 of 9 FEES (Not all fees will be applicable to all projects) 44. NOTICE TO PROJECT APPLICANT: In accordance with the provisions of Government Code Section 66020(d)(1), the imposition of fees, dedication, reservatio ns or exactions for this project are subject to protest by the project applicant at the time of approval or conditional approval of the development or within 90 days after the date of imposition of fees, dedications, reservation, or exactions imposed on th e development project. This notice does not apply to those fees, dedications, reservations, or exactions which were previously imposed and duly noticed; or, where no notice was previously required under the provisions of Government Code Section 66020(d)(1 ) in effect before January 1, 1997. 45. CITYWIDE DEVELOPMENT IMPACT FEES a) Traffic Signal Charge (FMC Section 12-4.1101 to 12-4.1103) This project shall pay its Traffic Signal Mitigation Impact Fee at the time of building permit based on the trip generation rate(s) as set forth in the latest edition of the ITE Generation Manual. Refer to the adopted Master Fee Schedule for fee rate. Thi s fee shall be paid at time of building permit. b) Fire Facilities Fee (FMC Section 12-4.901 to 12-4.906) (based on building square footage, or residential units) c) Police Facilities Fee (FMC Section 12-4.801 to 12-4.806) (based on building square footage, or residential units) d) Parks Facilities Fee (FMC Section 12-4.701 to 12-4.706) (based on the number of residential units) 46. CITYWIDE REGIONAL AND NEW GROWTH MAJOR STREET IMPACT FEES (FMC Section 12-4.1006) a) Street Impact Fees shall be due and payable at the time of building permit issuance unless otherwise required by State law. b) Street Impact Fees will be a condition on all development entitlements granted. c) New construction on vacant parcels shall be calculated on a net acreage (adjusted acre basis) of the entire property subject to the development entitlement based upon planned land use. Notwithstanding, fees shall be based upon actual land use for developments in the C-M zone district and for development projects developed inconsistent with the plan land use. d) New construction on property that is partially developed, Street Impact Fees will be applied to the incremental increase proportionate to the respective floor to area ratios (25% for commercial and 40% for industrial). In no case shall anyone pay more than the amount of the total net acreage of the parcel multiplied by the applicable fee rate. City of Fresno Notes and Requirements For Entitlement Applications Page 8 of 9 e) Reuse being more intensive that the original use, the developer shall be required to pay the difference between the current amount of the Street Impact Fee obligation for the old use and the current amount of the Street impact Fee obligation for the new use. 47. FRESNO COUNTY FACILITY IMPACT FEE Fresno County adopted a Facilities Impact Fee, but the requirement to pay this fee was subsequently suspended by Fresno County. If the fee has been reinstated at the time of issuance of building permits for this project, or an alternative fee system has been adopted by Fresno County, proof of payment or payment of this fee will be required for issuance of building permits. 48. REGIONAL TRANSPORTATION MITIGATION FEE (RTMF) Pay the RTMF fee to the Joint Powers Agency located at 2035 Tulare Street, Suite 201, Fresno, CA 93721; (559) 233-4148, ext. 200; www.fresnocog.org. Provide proof of payment or exemption prior to issuance of building permits. 49. SCHOOL FEES School fees must be paid, if required, prior to the issuance of building permit s. Contact Central Unified School District. Provide proof of payment (or no fee required) prior to the issuance of building permits. 50. FRESNO METROPOLITAN FLOOD CONTROL DISTRICT (FMFCD) FEES a) A FMFCD Development Fee is required for review of proposed development projects, including applications for plan amendments, rezones, special permits, subdivisions, and grading plans. This fee is based on project acreage and must be paid directly to FMFCD in order for that agency to review projects and provide a Notice of Requirements. For more information, contact F resno Metropolitan Flood Control District at (559) 456-3292. b) FMFCD drainage fees are due, if required, prior to issuance of building permits and are payable at the rate in place at the time of building permit issuance. Unpaid drainage fee obligations that were unpaid for a prior project at the site of a new project must be satisfied by the developer of the new project. Drainage fees may be paid at the Development and Resource Management Department prior to, or at the time of building permit issuance. They may also be paid directly to FMFCD, and proof of payment provided to the City, in order to obtain construction permits. 51. SEWER CONNECTION CHARGES (FMC Section 6-304(a)). The following sewer connection charges may be required and will be payable at the fee rate listed in the Master Fee Schedule at the time payment is due. New sewer connection charges adopted by the Council prior to the issuance of building permits may also be applied. a) Lateral Sewer Charge (based on property frontage to a depth of 100‟) City of Fresno Notes and Requirements For Entitlement Applications Page 9 of 9 b) Oversize Sewer Charge (based on property frontage to a depth of 100‟) Effective January 9, 1999, Ordinance No. 98-97 also amended certain sewer connection charges. Fresno Municipal Code Article 15, Section 12 provides property owners the incentives and deletes certain sewer connection charges pursuant to the Simple Tiered Equity Program (STEP) and the Employment Development Program (EDP). For additional information on the STEP and EDP, contact the Department of Public Utilities, Administration Division at (559) 621-8600. 52. WATER CONNECTION CHARGES: (FMC Sections 6-507 to 6-513). The following water connection charges may be required and will be payable at the fee rate li sted in the Master Fee Schedule at the time payment is due. New water connection charges adopted by the Council prior to issuance of building permits may also be applied. a) Frontage Charge (based on property frontage) b) Transmission Grid Main Charge (based on acreage) c) Transmission Grid Main Bond Debt Services Charge (based on acreage) d) UGM Water Supply Fee (based on living units, living unit equivalents or acreage) e) Wellhead Treatment Fee (based on living units or living unit equivalents) f) Recharge Fee (based on living units or living unit equivalents) g) 1994 Bond Debt Service Charge (based on living units or living unit equivalents) h) Service Charges (based on service size required by applicant) i) Meter Charges (based on service need) 53. Deferment of the payment of Citywide development impact fees for Fire, Police, Parks, Streets, and Traffic Signals is available for projects located within the Downtown Priority Areas in accordance with the provisions of City of Fresno Resolutions Nos. 2009-265 and 2010-19. v.7, 2016-05-04 EXHIBIT C Conditions of Approval AMENDMENT TO CONDITIONAL USE PERMIT APPLICATION NO. C-16-033 FOR PROPERTY LOCATED AT 940 E BELMONT AVE (APN: 459-043-03, 23 & 36) These conditions are added to the Conditions of Approval for CUP Application No. C- 16-033 originally dated December 20, 2017 and revised March 1, 2018. 1.Temporarily allow a net increase of one liquor license in Census Tract 6, the area in which the project is located, for no more than nine months from the opening of operations at the location (measured as 270 days from the date a Certificate of Occupancy is given to the operator). a.If a net increase of liquor licenses remains after nine months, the alcohol sales portion of the CUP will terminate, and the operator must immediately stop liquor sales. The operator would be responsible for the attorney’s fees and costs to enforce the cessation of liquor sales. 2.The operator must purchase another liquor license from within Census Tract 6, the area in which the project is located, and transfer it outside of the City of Fresno within nine months from the opening of operations at the location (measured as 270 days from the date a Certificate of Occupancy is given to the operator). a.If another liquor license is not purchased and transferred outside of the City of Fresno within nine months, the alcohol sales portion of the CUP will terminate, and the operator must immediately stop liquor sales. The operator would be responsible for the attorney’s fees and costs to enforce the cessation of liquor sales. Attachment: March 1, 2018 CUP No. C-16-033 EXHIBIT D City Council Notice CITY OF FRESNO DEVELOPMENT AND RESOURCE MANAGEMENT DEPARTMENT NOTICE OF PUBLIC HEARING CONDITIONAL USE PERMIT APPLICATION NO. C-16-033 NOTICE IS HEREBY GIVEN that the Fresno City Council, in accordance with Sections 65090 and 65091 (Planning and Zoning Law) of the Government Code and in accordance with the procedures of Article 50, Chapter 15 of the Fresno Municipal Code (FMC), will conduct a public hearing to consider amendments to Conditional Use Permit Application No. C-16-033 pertaining to 0.55 acres of property located at 940 East Belmont Avenue, located on the southwest corner of East Belmont and North Van Ness Avenues. The Fresno City Council approved Conditional Use Permit Application No. C-16-033 and related Environmental Assessment on March 1, 2018 authorizing the development of a Johnny Quik service station consisting of a 3,453 square-foot convenience store, an 849 square-foot quick serve restaurant with indoor seating, restrooms, an 8-station Chevron fueling facility with a 2,160 square-foot canopy, and the authorization to establish a Type 20 alcohol license (Package Store – sale of beer and wine for consumption off the premises where sold) for the convenience store. The subject application is going back to the Fresno City Council at the request of the applicant for purposes of amending the Conditions of Approval, dated March 1, 2018. At this hearing, the following will be considered. 1.Amendment to Conditions of Approval for Conditional Use Permit Application No. C- 16-033 dated March 1, 2018 to establish a Type 20 alcohol license (Package Store – sale of beer and wine for consumption off the premises where sold) to temporarily allow a net increase of one liquor license in Census Tract 6, the area in which the project is located, for no more than nine months, conditioned upon the operator purchasing another liquor license from within that Census Tract to transfer it outside of the City within that nine months. Any interested person may appear at the public hearing and speak in favor or against the project proposal. If you challenge the above applications in court, you may be limited to raising only those issues, you, or someone else, raised at the public hearings described in this notice, or in written correspondence delivered to the City Council prior to the public hearing. Written comments must be received 24 hours before the item is to be heard at Council. Verbal comments may be made at the public hearing. NOTE: This public hearing notice is being sent to surrounding property owners pursuant to the requirements of Fresno Municipal Code Section 15-5007. For additional information, contact Ricky Caperton, Development and Resource Management Department, Development Services Division, City Hall, 2600 Fresno Street, Fresno, California 93721-3604, by telephone at (559) 621-8061, or via e-mail at Phillip.Siegrist@fresno.gov. Si necesita información en Español, comuníquese con McKencie Contreras al teléfono (559) 621-8066. Jennifer K. Clark, Director Development and Resource Management Department DATED: June 7, 2019 APN(s): 459-043-38 SEE MAP ON REVERSE SIDE Development and Resource Management Department 2600 Fresno Street, Room 3043 · Fresno, CA 93721 · Phone (559) 621-8277 · Fax (559) 498-1026 FRESNO CITY COUNCIL Date: Thursday, June 20, 2019 Time: 10:05 a.m., or thereafter Place: City Hall Council Chamber, Second Floor 2600 Fresno Street, Fresno, CA 93721 P. Siegrist DEVELOPMENT AND RESOURCE MANAGEMENT DEPARTMENT 2600 FRESNO ST FRESNO CA 93721-3604 940 East Belmont Avenue C-16-033 THIS IS A LEGAL NOTICE VICINITY MAP SUBJECT PROPERTY EXHIBIT E FMC Findings EXHIBIT E CITY OF FRESNO DEVELOPMENT AND RESOURCE MANAGEMENT DEPARTMENT CONDITIONAL USE PERMIT APPLICATION NO. C-16-033 Conditional Use Permit Application No. C-16-033 is subject to the following findings: Findings per Fresno Municipal Code Section 15-5306 a.The proposed use is allowed within the applicable zoning district and complies with all other applicable provisions of this Code and all other chapters of the Municipal Code; and, Finding a: In accordance with Table 15-1202 (Land Use Regulation – Commercial Districts) of the FMC, the proposed Johnny Quik convenience store/automobile service station with alcohol sales is a permitted use in the CG (Commercial-General) zone district subject to approval of a Conditional Use Permit. Conditional Use Permit Application No. C-16-033 will comply with the CG zone district and with all applicable codes, given that the special conditions of project approval issued for the project will be complied with prior to the construction of the structures and development of the site. b.The proposed use is consistent with the General Plan and any other applicable plan and design guideline the City has adopted; and, Finding b: The proposed project is consistent with the General Commercial planned land use designation for the project site and is therefore in compliance with the Fresno General Plan. The project is within the Tower District Specific Plan; however, the Development Director has allowed for the site layout to differ from the Tower District Design Guidelines. Under the Tower District Design Guidelines, the proposed structure would be located closer to Belmont and the parking lot and fuel stations located to the rear, however, for safety and design, the proposed site layout is acceptable. In general, the proposed use is compatible with the surrounding uses and increases economic development by enhancing the existing commercial area by serving the surrounding neighborhood and regional visitors. c.The proposed use will not be substantially adverse to the public health, safety, or general welfare of the community, nor be detrimental to surrounding properties or improvements; and, Finding c: The proposed Johnny Quik convenience store/automobile service station with alcohol sales will not be substantially adverse to the public health, safety, or general welfare of the community, nor have a negative impact on either the subject site or neighboring properties given the amended conditions of approval. Approval of the special permits would be in accordance with applicable provisions of the FMC, including the determination that all findings have been made relative to the issuance of a conditional use permit for the proposed project. d.The design, location, size, and operating characteristics of the proposed activity are compatible with the existing and reasonably foreseeable future land uses in the vicinity; and, Finding d: The proposed convenience store which includes the sale of grocery and household goods will provide an amenity for those residents living in the existing Medium density residential neighborhoods south and west of the subject property. Therefore, the use is compatible with the planned land use for the location and surrounding area, indicating that it will remain compatible for the foreseeable future. e. The site is physically suitable for the type, density, and intensity of use being proposed, including access, emergency access, utilities, and services required. Finding e: The proposed Johnny Quik convenience store/automobile service station with alcohol sales is consistent with the allowable land use and intensity requirements per the underlying zone district. Adequate access, parking, utilities and services shall be provided to serve the property and were reviewed for consistency with the requirements of the CG (Commercial-General) zone district. City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID19-1904 Agenda Date:6/20/2019 Agenda #: REPORT TO THE CITY COUNCIL June 20, 2019 FROM:SCOTT L. MOZIER, PE, Director Public Works Department BY:ANDREW J. BENELLI, PE, City Engineer / Assistant Director Public Works Department SUBJECT CONTINUED HEARING to Consider Adoption of the 551st Amendment to the Master Fee Schedule Resolution No.80-420 to Increase Fire Facility Impact Fees (Fire Impact Fees);Acceptance and Adoption of the Public Review Draft Nexus Study Reports for the Fire Impact Fee Program (Citywide). 1.Adopt a Finding of Statutory Exemption that a Fire Facilities Impact Fee update is exempt pursuant to Public Resources Code Section 21080(b)(8)and Section 15273 of the California Environmental Quality Act (CEQA) Guidelines. 2.***RESOLUTION -551st Amendment to the Master Fee Schedule Resolution No.80-420 to Adjust Citywide Fire Impact Fees. (Subject to Mayor’s Veto) 3.RESOLUTION -Establishing Findings Pursuant to California Government Code Sections 65961 and 66498.1(c)(1),Finding that Failure to Impose the Increased Fire Impact Fee on New Development,Including Approved Vesting Tentative Maps,Would Place Future and Existing Residents in a Condition Dangerous to Their Health and Safety. RECOMMENDATIONS Staff recommends the Council: 1.Adopt a Finding of Statutory Exemption pursuant to Public Resources Code Section 21080(b) (8)and Section 15273 of the California Environmental Quality Act (CEQA)Guidelines for the impact fee update. 2.Adopts the 551st Amendment to the Master Fee Schedule Resolution No.80-420 to increase Fire Impact Fees,including the acceptance and adoption of the Public Review Draft Nexus Study Reports for the Fire Impact Fee Program. 3.Adopts findings pursuant to Government Code Sections 65961 and 66498.1(c)(1),that a failure to impose the Fire Impact Fee on new development,including approved vesting City of Fresno Printed on 3/17/2023Page 1 of 7 powered by Legistar™ File #:ID19-1904 Agenda Date:6/20/2019 Agenda #: failure to impose the Fire Impact Fee on new development,including approved vesting tentative maps,would place future and existing residents in a condition dangerous to their health and safety. EXECUTIVE SUMMARY The current Fire Impact Fee is not generating adequate revenue to fund construction of new fire stations.The current fee was based on a Nexus Study that was prepared in 2016.The Fire Department has identified the need for fire stations and other facilities that were either not included in the 2016 study or were not adequately funded in the 2016 study.The existing fees also did not consider the soft costs for design,construction inspection,and furnishing the stations.Staff is recommending increasing the fees as shown in the following table: Fire Impact Fee Existing Fee Recommended Fee Single Family (per home)$779 $1,853 Multifamily (per unit)$588 $1,429 Retail (per 1,000 sq. ft.)$272 $662 Office (per 1,000 sq. ft.)$311 $757 Industrial (per 1,000 sq. ft.)$156 $379 Adoption of findings pursuant to Government Code Section 65961 and 66498.1(c)(1)will mandate that all new construction pays the newly adopted (higher)fee.Without Council adoption of findings pursuant to Government Code Section 65961 and 66498.1(c)(1)many Vested Subdivision Maps will continue to pay the lower fees for all new homes built in the development,due to vesting protections against new or increased fees. The increased fees will be effective 60 days after the adoption. BACKGROUND The City of Fresno Fire Department has identified three areas of the City where developments that have been proposed will create conditions where they will not be able to meet the National Fire Protection Association’s standard for response time to calls-for-service without construction of new fire stations.The most pressing need is within the service area of Fire Station No.18.The current temporary station is located on Bullard Avenue east of Grantland Avenue.The station is essentially a home with a large garage for a single fire engine.This station has always been considered a temporary facility.Many new residential developments have been proposed in the Fire Station No. 18 service area.The Fire Department has studied the response time in this area,and determined that a new station must be built before new homes are occupied. Two additional fire stations need to be built in the next five years,if development continues to occur in the service areas for these stations.Existing Station No.10 is located on the north side of the Fresno Air Terminal.Many new homes are being proposed on the east side of the City,between Shields Avenue and State Route 180 in the service area for Station No.10.The Fire Department has been able to consistently meet the response times required by the National Fire Protection Association and has determined that they can serve more homes.However,their projections are that with current growth rates,they will not be able to meet the response times in approximately 2022 without a new station.Property for a new station has been acquired on the southwest corner of Clinton Avenue and Armstrong Avenue.Design work for the new station needs to begin soon to have City of Fresno Printed on 3/17/2023Page 2 of 7 powered by Legistar™ File #:ID19-1904 Agenda Date:6/20/2019 Agenda #: Clinton Avenue and Armstrong Avenue.Design work for the new station needs to begin soon to have the construction completed by 2022. The service area for Fire Station No.7 is also impacted by new development.Station No.7 responds to calls in the industrial part of the City near State Route 99 and North Avenue.There has been substantial new growth by businesses including Amazon and Ulta.Conditions for this station are similar to Station No.10 in that the Fire Department is currently meeting the response time requirement,but if new growth continues they will not be able to meet that condition in the near future.A new station needs to be added near Cherry Avenue and Central Avenue to better serve this area. An increased Fire Facility Fee is necessary to fund these new stations.The current fee is based on stations costing approximately $3.5 million to construct.Recent cost estimates are substantially higher.The current fee assumed an average total project cost per new station of $4.97 million,while the full cost of new stations is now estimated to over $7 million for Station No.18 and $9.4 million for future stations.This is based on the architect’s estimate for Fire Station No.18 and the actual bids for the recently awarded construction contract for the Southeast Police Substation.The low bid for the Police substation was $6,550,890.Total costs for the police substation with staff time and land acquisition were in addition to the bid amount and exceeded $7 million. The updated Nexus Study also includes increased financing costs in the fee calculations.The 2016 Nexus study anticipated that the City would borrow 50%of the money needed to buy land and build the new fire stations.The remainder of the cost would be pay-as-you-go and would not be financed. The new Nexus Study assumes that all of the land would be purchased without financing costs.The design work would also be from impact fee funds that were previously collected and not borrowed. Financing would be used to pay for 70%of the future construction costs,fire apparatus and equipment.The remaining cost (30%)would be from previously collected impact fee revenue on a pay-as-you-go basis. The City used bond proceeds to remodel and build several of the existing stations.The City borrowed approximately $20 million in 2010.The total payoff is over $43m with an annual debt service payment of $1.4 million.The last payment will be in 2039.Some of the bond proceeds were used on improvements and equipment that were not related to new growth,so only 49%of the annual payment is made with impact fee revenue,as set forth in previous Fire impact fee nexus studies.The payment amount varies slightly from year to year but the annual Impact Fee responsibility is around $745,300.In past years,the impact fee revenue has not been adequate to make the bond payment. The revenue generated this year exceeds the payment amount. The Development Impact Fee structure was changed in 2005 from an Urban Growth Management Fee (UGM)to a Citywide Impact Fee.The old UGM fee had service areas for eleven future fire stations.The UGM fee amounts paid by new development varied depending on the location of the service area.There are still some old vested maps that were filed before 2005 and are still paying the much lower UGM fee. Revenue from the current Citywide and UGM Fire Facilities Fee for the last five years is show in the table below: Fiscal Year Citywide Fee Revenue UGM Fee Revenue 2019 $911,384 $10,064 2018 $650,170 $18,371 2017 $656,017 $8,699 2016 $527,737 $18,904 2015 $513,219 $31,328 2014 $578,236 $26,278 2013 $662,976 City of Fresno Printed on 3/17/2023Page 3 of 7 powered by Legistar™ File #:ID19-1904 Agenda Date:6/20/2019 Agenda #: Fiscal Year Citywide Fee Revenue UGM Fee Revenue 2019 $911,384 $10,064 2018 $650,170 $18,371 2017 $656,017 $8,699 2016 $527,737 $18,904 2015 $513,219 $31,328 2014 $578,236 $26,278 2013 $662,976 Staff is recommending that the Fire Facility Fee be increased as shown in the table below: Existing Fee Proposed Fee Single Family Residential $779 $1,893 Multi-Family Residential $588 $1,429 Office fee per 1,000 sq. ft. of building $311 $662 Retail fee per 1,000 sq. ft. of building $272 $757 Industrial fee per 1,000 sq. ft. of building $156 $379 The City retained Economic &Planning Systems (EPS)to evaluate the existing Nexus Study and prepare an updated study that would generate adequate revenue to provide fire service to all the new development that is envisioned in the General Plan.The steps that are used to determine the fee amount are shown below: 1.Identify the capital costs to be funded by the fee program. 2.Identify the service population and employees for residential and nonresidential uses, respectively in the buildout horizon year of 2035. 3.Using the number of Calls for Service,determine the distribution of service calls between residential and nonresidential uses. 4.Divide the number of calls per employee by the number of calls per resident to determine the resident equivalent factor. 5.Estimate the residential and nonresidential persons served in 2035. 6.Allocate the capital costs to the estimated 2035 population to determine the cost per resident. 7.Divide the residential costs by the estimated 2035 population to determine the cost per resident.Divide the nonresidential costs by the estimated 2035 employees to determine the cost per employee. 8.Multiply the cost per person by the persons per household for each residential use and by employees per 1,000 building square feet for the office, retail and industrial categories. CAPITAL IMPROVEMENT PROGRAM The City currently has staff at twenty fire stations (includes the Old Fig Garden Station).Four of the stations are planned to be replaced before 2035. The stations that are to be replaced are: Stations to be Replaced Station Location Station 6 Gettysburg & Rowell Station 10 Westover & Aircorp Way Station 12 Marks & Acacia Station 18 Bullard & Grantland City of Fresno Printed on 3/17/2023Page 4 of 7 powered by Legistar™ File #:ID19-1904 Agenda Date:6/20/2019 Agenda #:Stations to be Replaced Station Location Station 6 Gettysburg & Rowell Station 10 Westover & Aircorp Way Station 12 Marks & Acacia Station 18 Bullard & Grantland Several of the existing stations are scheduled to be expanded to accommodate more staff,trucks, and other equipment.Remodeling and general maintenance of stations is not an allowable use of impact fee revenue.However,expansions needed for population growth is an eligible use of impact fee revenue. The stations that are planned to be expanded are listed below: Stations to be Expanded Station Location Station 2 West & Fir Station 5 Fresno & Shields Station 7 Cherry & Jensen Station 8 Cedar & Butler Station 9 Clinton & Fruit Station 15 Clovis & Park Circle Drive Station 19 Belmont & Marks The Capital Plan also includes eleven new stations.The locations shown are approximate.The actual locations will depend on where population growth and new housing occurs.The Nexus Study includes the cost to build the new stations,purchase the land,and equip the stations with trucks,and engines. The new stations are shown below: New Stations Station General Area Station 21 Belmont & Van Ness Station 22 North & Chestnut Station 23 Church & Fruit Station 24 Herndon & Brawley Station 25 McKinley & DeWolf Station 26 California & Temperance Station 27 Teague & Chestnut Station 28 Champlain & Friant Station 29 Barstow & Brawley Station 30 Dakota & Brawley Station 31 Central & Cherry The Capital plan also includes funds for a new training facility and a new shop for equipment maintenance. For additional information on the planned facilities, see Table 9 in the Nexus Study. PUBLIC HEALTH AND SAFETY FINDINGS City of Fresno Printed on 3/17/2023Page 5 of 7 powered by Legistar™ File #:ID19-1904 Agenda Date:6/20/2019 Agenda #: Most residential developments process vesting tentative maps and some commercial/industrial developments also process vesting tentative parcel maps.The Subdivision Map Act provides that when a local agency approves or conditionally approves a vesting tentative map,that approval shall confer a vested right to proceed with development is substantial compliance with the ordinances, policies,and standards in effect at the time that the map was filed.Approval of the Public Health and Safety Findings is needed so that all of the new homes built on lots that were created with vested maps prior to the approval of the updated fee will pay the newly adopted fee.The Fire Department has determined that the construction of new homes within the existing vested map developments will result in fire response times that exceed the National Fire Protection Association’s standard for response times to calls-for-service,and will place residents of those subdivisions in a condition that is dangerous to their health or safety, or both. The City needs to construct three new fire stations.The construction of the new stations will be delayed without the additional revenue from the homes built in the vested map developments.City staff recommends approval of the Public Health and Safety Findings to allow construction of the new stations to be built before the new homes put additional demands on the Fire Department that result in not meeting the National Fire Protection Association’s standard for response time to calls-for- service. SUMMARY OF NEXUS FINDINGS After considering the Nexus Studies for the fee updates,the facility standards,the cost of facilities, supporting documents,the 2035 General Plan,all correspondence received and any public testimony received during the public hearing held on June 13,2019 (“the Record”),the City Council approves and adopts the Public Review Draft for the 2019 Fire and Impact Fee Nexus Study Update which is provided as an attachment to the staff report. The Council makes the following findings: 1.PURPOSE OF THE FEES:The Record demonstrates the purposes of the proposed impact fees to be updated.The Citywide Fire Facilities Fee program will fund the new fire facilities, vehicles and equipment necessary to serve new residential and non-residential development in the City.New development in the City will increase the service population and,therefore, the need for new fire capital improvements to adequately serve the new residents and employees. 2.USE OF FEES:The Record demonstrates how each proposed fee to be updated will be used. Fire fee revenue will be used to construct new development’s proportionate share of fire stations and equipment.It will also be used to plan for and design fire facilities and fund the studies and administration needed to support the programs.In addition,the Fire Facilities Fees will be used to repay outstanding debt service attributable to future development resulting from the 2008 Lease Revenue Bond sales. 3.RELATIONSHIP BETWEEN USE OF FEES AND TYPE OF DEVELOPMENT:The Record demonstrates the direct and cumulative impacts of new development upon existing infrastructure and facilities.The development of new residential and non-residential land uses in the City will generate the need for additional fire personnel,facilities,vehicles and equipment.The Fire Fee revenue will be used to construct and expand facilities and to acquire vehicles and equipment needed to serve new residents and employees. City of Fresno Printed on 3/17/2023Page 6 of 7 powered by Legistar™ File #:ID19-1904 Agenda Date:6/20/2019 Agenda #: 4.RELATIONSHIP BETWEEN NEED FOR FACILITY AND TYPE OF PROJECT:The Record demonstrates the demand generated by new development for each type of infrastructure or facility.Each new residential and non-residential development project will generate additional demand for fire services and personnel.Additional personnel will be housed in future fire and stations,requiring support vehicles and equipment to serve additional demand generated by new residents and employees. 5.RELATIONSHIP BETWEEN AMOUNT OF FEES AND COST OF OR PORTIONS OF FACILITY ATTRIBUTED TO DEVELOPMENT ON WHICH FEE IS IMPOSED:The Record demonstrates the City’s 2035 General Plan and associated MEIR identified improvements necessary to serve new development.The costs of fire facilities,vehicles and equipment needed to serve new development were split between residential and non-residential uses based on service call activity.Using this split,fire costs per resident and costs per employee were estimated.These costs were converted to costs per dwelling unit and per thousand square feet of non-residential buildings,using an appropriate common use factor for each land use.For each land use,the base Fire Fees are equal to the allocated cost per dwelling unit or per thousand square feet of non-residential building space. ENVIRONMENTAL FINDINGS Staff has performed a preliminary environmental assessment of the impact fee update and has determined that it falls within the Statutory Exemption set forth in CEQA Guidelines Section 15273. LOCAL PREFERENCE Not applicable for adjustment of development impact fees. FISCAL IMPACT The proposed Fire Impact Fee adjustment will bear directly on the financing and construction of future fire stations.The current fee will not generate sufficient revenues in the near term to construct Fire Station 18,which is the station which needs to be built immediately.If the required public health and safety findings are not made relating to application of the fee to current vesting tentative maps, several major development projects may be delayed having a significant impact on development. Attachments: Presentation Materials: Summary of Fee Adjustments 2019 Fire Impact Fee Programs Nexus Study Update CEQA Finding of Statutory Exemption Resolution - 551st Amendment to the Master Fee Schedule Resolution - Establishing Findings Pursuant to California Government Code Sections 65961 and 66498.1(c)(1) City of Fresno Printed on 3/17/2023Page 7 of 7 powered by Legistar™ Economic & Planning Systems, Inc. T h e E c o n o m i c s o f L a n d U s e 400 Capitol Mall, 28th Floor n Sacramento, CA 95814 916.649.8010 n www.epsys.com FIRE FACILITIES IMPACT FEE UPDATE City of Fresno June 13, 2019 Economic & Planning Systems, Inc. (EPS)EPS PPT Presentation | 1 PRESENTATION PURPOSE AND OVERVIEW Fire Facilities Fee Update –Prior update completed in 2016 –Calibrate impact fee levels to actual costs –Mitigate barriers to new development associated with facility delivery Impact Fee Overview and Process Proposed Updated Fees Key Changes and Cost Drivers Economic & Planning Systems, Inc. (EPS)EPS PPT Presentation | 2 IMPACT FEE OVERVIEW AND PROCESS What is an impact fee? Mitigation Fee Act (AB1600) Scope of Nexus Study Update –Demographic and Land Use Analysis –Capital Facilities Analysis –Project List and Cost Estimates –Cost Allocation –Fee Calculation –Technical Report Establishing Legal Nexus between New Development and the Proposed Fees Economic & Planning Systems, Inc. (EPS)EPS PPT Presentation | 3 MITIGATION FEE ACT LEGAL REQUIREMENTS REQUIRED FINDINGS UNDER AB1600 Identify the purpose of the fee. Identify how the fee is to be used. Determine how a reasonable relationship exists between the fee’s use and the type of development project on which the fee is imposed. Determine how a reasonable relationship exists between the need for the public facility and the type of development project on which the fee is imposed. Demonstrate a reasonable relationship between the amount of the fee and the cost of public facility or portion of public facility attributable to development on which the fee is imposed. Economic & Planning Systems, Inc. (EPS)EPS PPT Presentation | 4 IMPACT FEE COMPARISON Land Use Category Current Fee Proposed Fee % Change Residential per dwelling unit Single-Family $779 $1,893 143% Multifamily $588 $1,429 143% Nonresidential per 1,000 bldg. sq. ft. Retail $272 $662 144% Office $311 $757 143% Industrial $156 $379 143% Economic & Planning Systems, Inc. (EPS)EPS PPT Presentation | 5 Economic & Planning Systems, Inc. (EPS)EPS PPT Presentation | 6 KEY CHANGES AND COST DRIVERS Source: City of Fresno Fire Department. Key Cost Drivers Current Impact Fee Proposed Update Land Acquisition $265,000 per acre $200,000 - $300,000 per acre Station Construction Costs $490 per building square foot $630 per building square foot Site Improvement Costs Assumed included above $300,000 per acre Soft Costs Assumed included above 25% of construction costs Apparatus and Equipment 62 vehicles 100 vehicles Financing Costs 50% of station construction costs 70% of station construction, site improvement, and apparatus costs Other Factors 6 new stations 11 new stations Additional Facilities Included 1 station to be expanded 11 stations to be expanded Station Expansion Costs Economic & Planning Systems, Inc. (EPS)EPS PPT Presentation | 7 PROPOSED IMPACT FEES Land Use Category Base Fee 2% Admin Total Fee Residential per dwelling unit Single-Family $1,856 $37 $1,893 Multifamily $1,401 $28 $1,429 Nonresidential per 1,000 bldg. sq. ft. Retail $649 $13 $662 Office $742 $15 $757 Industrial $371 $7 $379 Pub Fir Ne Prepa City Prepa Econ May EPS blic Rev re Impa exus St ared for: of Fresno ared by: omic & Plan 2019 #182126 view Dra act Fee tudy Up ning System aft Repo e Progr pdate ms, Inc. (EPS ort ram S) Table of Contents 1. EXECUTIVE SUMMARY ............................................................................................ 1 Overview ................................................................................................................. 1 Purpose ................................................................................................................... 1 Proposed Update to the Fire Fees ................................................................................ 2 Report Organization .................................................................................................. 5 2. SERVICE POPULATION AND EMPLOYEES AND DEVELOPMENT ASSUMPTIONS ............................... 6 Existing and Future Population and Employment ........................................................... 6 Development Assumptions ......................................................................................... 9 3. CAPITAL IMPROVEMENT PROGRAM ............................................................................ 12 Overview ............................................................................................................... 12 Fire CIP ................................................................................................................. 12 4. COST ALLOCATION .............................................................................................. 20 Introduction ........................................................................................................... 20 FFD Capital Costs Allocation ..................................................................................... 20 Administration ........................................................................................................ 23 5. IMPLEMENTATION ............................................................................................... 24 Applicability of Fee Program ..................................................................................... 24 Fee Exemptions ...................................................................................................... 24 Fee Credits or Adjustments ...................................................................................... 25 Reimbursement to Developers .................................................................................. 25 Periodic Inflation Adjustment and Fee Review ............................................................. 26 Fee Administration .................................................................................................. 26 Five-Year Review .................................................................................................... 26 6. AB 1600 NEXUS FINDINGS ................................................................................... 27 Authority ............................................................................................................... 27 Summary of Nexus Findings ..................................................................................... 27 Appendices: Appendix A: Fire Facilities and Apparatus Bond Financing Appendix B: Fresno Fire Department Service Call Activity List of Tables and Map Table 1 Summary of Proposed Fire Fees ..................................................................... 3 Table 2 Comparison of Existing and Proposed Fire Fees ................................................ 4 Table 3 Summary of Growth Projections .................................................................... 7 Table 4 Detailed Population and Employment Projections ........................................... 10 Table 5 Key Demographic Assumptions .................................................................... 11 Table 6 Summary of Fire Capital Improvement Program ............................................ 13 Table 7 Existing Fire Facilities ................................................................................. 15 Table 8 Existing Fire Apparatus and Equipment ......................................................... 16 Table 9 Planned Fire Facilities ................................................................................. 17 Table 10 Planned Fire Apparatus and Equipment ......................................................... 19 Table 11 Fire Improvements Cost per Resident/Employee ............................................ 21 Table 12 Fire Improvements Cost Allocation ............................................................... 22 Map 1 Fresno Planning Area .................................................................................... 8 Economic & Planning Systems, Inc. 1 P:\182000\182126 Fresno Fire Nexus Study\Reports\182126 r01 05-2019.docx 1. EXECUTIVE SUMMARY Overview Economic & Planning Systems, Inc. (EPS) has been retained by the City of Fresno (City) to prepare this 2019 Fire Impact Fee Program Nexus Study Update (2019 Nexus Study Update). This report provides an update to the Fire Facilities Development Impact Fees (Fire Fees) established in the 2016 Fire and Police Impact Fee Programs Nexus Study Update (2016 Study). The 2016 Study included both Fire Fees and Police Facilities Development Impact Fees (Police Fees) that were based on the City General Plan growth projections through 2035 as well as on the Fire and Police Capital Improvement Plans (CIPs) provided by the Fresno Fire Department (FFD) and Fresno Police Department (FPD) that detailed the planned capital costs through 2035. Since the approval of the 2016 Study, the City has reviewed the Fire CIP costs used to derive the Fire Fees in that study and found that the fire station construction cost estimates are substantially lower than recent bids for similar facilities. In addition, to facilitate the timely construction of fire stations to serve new development, the City determined that additional bond funding would be needed over the level included in the 2016 Study, resulting in increased associated bond financing costs included in the Fire Fee Program. Without increasing both construction and bond financing costs, adequate funding will not be available to construct stations when needed to serve new development. The City has therefore retained EPS to prepare this 2019 Nexus Study Update to serve as the basis for updating the existing Fire Fees to reflect updated cost estimates. While the 2016 Study included both the Fire Fees and Police Fees, this 2019 Nexus Study Update updates only the Fire Fees. Additionally, there have been no changes to the analyzed land use and population assumptions detailed in the 2016 Study. This report details the calculation of the new Fire Fees and provides the legal justification for updating the Fire Fees. Purpose The purpose of this 2019 Nexus Study Update is to update the Fire Fees and establish the legally required nexus (or reasonable relationship) between the City’s projected population and employment (service population) in 2035 and the fire facilities that will be required to serve those residents and employees. The nexus requirements for imposing development impact fees were established under Assembly Bill 1600 (AB 1600) legislation, as codified by the Mitigation Fee Act (California Government Code section 66000 et. seq.). This section of the Mitigation Fee Act sets forth the procedural requirements for establishing and collecting development impact fees. These procedures require that “a reasonable relationship, or nexus, must exist between a governmental exaction and the purpose of the condition.” Fire Impact Fee Program Nexus Study Update Public Review Draft Report May 2019 Economic & Planning Systems, Inc. 2 P:\182000\182126 Fresno Fire Nexus Study\Reports\182126 r01 05-2019.docx Specifically, each local agency imposing a fee must perform the following tasks: Identify the purpose of the fee. Identify how the fee is to be used. Determine how a reasonable relationship exists between the fee’s use and the type of development project on which the fee is imposed. Determine how a reasonable relationship exists between the need for the public facility and the type of development project on which the fee is imposed. Demonstrate a reasonable relationship between the amount of the fee and the cost of the public facilities or portion of the public facilities attributable to development on which the fee is imposed. Proposed Update to the Fire Fees The proposed update to the Fire Fees is based on the allocation of the updated Fire CIP costs to the projected City population and employment in the General Plan Horizon year of 2035. The CIP costs include both the value of existing facilities and the estimated costs of new facilities. The total facilities costs are allocated to the total projected residents and employees in 2035. This cost allocation serves as the basis for updating the estimated Fire Fees charged to new development. The Fire Fee to be collected for each residential and commercial land use is calculated based on each land use’s relative demand for fire services. The Fire Fees will not fund construction of capital facility improvements required to cure existing level-of-service deficiencies. Table 1 summarizes the proposed fees by land use. The fees are collected per dwelling unit for residential uses and per 1,000 building square feet for nonresidential uses. The fees include a base amount and a 2-percent administrative component for the City to administer the fee program. Table 2 compares the existing and proposed Fire Fees. The proposed Fire Fees reflect an increase for all land uses. The increase in the Fire Fee rates is primarily due to increased fire station construction costs and increased bond financing costs included in the Fire Fee Program. DRAFT Table 1 Fresno Fire Impact Fee Program Update Summary of Proposed Fire Fees Item Base Fee Admin. Total 2.0% Source Table 12 Residential Single-Family $1,856 $37 $1,893 Multifamily $1,401 $28 $1,429 Nonresidential Retail $649 $13 $662 Office $742 $15 $757 Industrial $371 $7 $379 summ_fee Source: City of Fresno and EPS per dwelling unit per 1,000 bldg. sq. ft. Fire Fee Prepared by EPS 5/21/2019 P:\182000\182126 Fresno Fire Nexus Study\Models\182126 Fire m6.xlsx 3 DRAFT Table 2 Fresno Fire Impact Fee Program Update Comparison of Existing and Proposed Fire Fees Proposed Fee [1] Existing Fee [1] Difference Percentage Difference Residential Single-Family $1,893 $779 $1,114 143% Multifamily $1,429 $588 $841 143% Nonresidential Retail $662 $272 $390 144% Office $757 $311 $446 143% Industrial $379 $156 $223 143% fee comp Source: City of Fresno and EPS [1] Includes 2% administration fee. per 1,000 bldg. sq. ft. per dwelling unit Prepared by EPS 5/21/2019 P:\182000\182126 Fresno Fire Nexus Study\Models\182126 Fire m6.xlsx 4 Fire Impact Fee Program Nexus Study Update Public Review Draft Report May 2019 Economic & Planning Systems, Inc. 5 P:\182000\182126 Fresno Fire Nexus Study\Reports\182126 r01 05-2019.docx Report Organization This report is divided into six chapters and two appendices: Chapter 1 includes this introduction and executive summary. Chapter 2 details the estimated population and employment projections. Chapter 3 describes the FFD CIP, capital needs, and costs to be funded by the Fire Fee Program. Chapter 4 provides the cost allocation methodology and calculates the Fire Fees. Chapter 5 describes how the Fire Fee Program will be implemented and updated. Chapter 6 provides the nexus findings for the Fire Fee Program. Appendix A details the estimated financing costs for fire facilities construction. Appendix B contains the detailed FFD service call activity data. Economic & Planning Systems, Inc. 6 P:\182000\182126 Fresno Fire Nexus Study\Reports\182126 r01 05-2019.docx 2. SERVICE POPULATION AND EMPLOYEES AND DEVELOPMENT ASSUMPTIONS Population and employment projections are a significant variable used in this 2019 Nexus Study Update. The base Fire Fees are established by allocating the costs of the facilities and equipment needed to serve the City in 2035 to the total projected residents and employees in 2035, estimating cost factors per resident and per employee, and then using these factors to estimate fees to charge to new development. This chapter presents population and employment estimates for 2014 and 2035, as well as population and employment density factors used to establish the fees for the various land uses. All estimates and factors in this chapter are unchanged from the 2016 Study.1 Existing and Future Population and Employment Table 3 summarizes the population and employment estimates for 2014 and 2035 and estimates the growth between 2014 and 2035. The FFD serves the incorporated City and unincorporated areas fully enclosed in the City, which are referred to as “County Islands.” Projected growth in the FFD service area through 2035 will occur in the following three areas: 1. Existing incorporated areas. 2. County Islands. 3. Unincorporated areas located beyond the City limits in the Sphere of Influence (SOI). Map 1 is from the current Fresno General Plan and shows the entire Fresno Planning Area, including the City, County Island, and SOI boundaries. A key growth assumption in this report is that all development that occurs in the County Islands and other unincorporated areas within the boundaries of the Fresno SOI will annex into the City by 2035. In 2035, the FFD is projected to serve 771,000 residents and 266,000 employees. 1 The 2014 population and employment estimates are used only to estimate the annual service calls per resident and employee, an important component of the cost allocation methodology (detailed in Chapter 4). It is assumed that the calls per resident and employee have not substantially changed in the last 5 years, so it was unnecessary to update the population, employee, and service call estimates to 2019 values. DRAFT Table 3 Fresno Fire Impact Fee Program Update Summary of Growth Projections (2014-2035) [1] Item Fresno SOI Fire Service Area [2] [3] Population Existing (2014) 562,819 555,609 Projected (2035) [4] 771,000 771,000 Projected Growth 208,181 215,391 Employment Existing (2014) 179,963 177,590 Projected (2035) [4] 266,363 266,363 Projected Growth 86,400 88,773 lu sum Source: City of Fresno and EPS [1] See Table 4 for detail. [2] Fresno SOI includes incorporated City, County Islands, and other unincorporated areas outside the City boundaries. [3] Fire Service Area includes incorporated City and County Islands. [4] It is assumed that all unincorporated areas with new growth will annex by 2035. Prepared by EPS 5/21/2019 P:\182000\182126 Fresno Fire Nexus Study\Models\182126 Fire m6.xlsx 7 Downtown Planning Area BRT Corridors Outside Downtown Planning Area Established Neighborhoods South of Shaw Established Neighborhoods North of Shaw South Industrial Area Established Neighborhoods DA-1 North DA-1 South DA-2 North DA-2 South DA-3 Southeast DA-4 East DA-4 West Development Areas 180 41 99 168 180 99 41 Figure I-3: Residential Capacity Allocation 0 2 4 MILES 11/2 Planning Area Boundary Sphere of Influence City Limits Railroad lines Airports DA-1 North DA-4 West DA-1 South DA-3 DA-4 East DA-2 South DA-2 North South Industrial Downtown Established Neighborhoods South of Shaw Established Neighborhoods South of Shaw Established Neighborhoods North of Shaw Source: City of FresnoSan J o a quin Riv e r Note: The Corridor along Shaw Avenue is to be supported by enhanced bus service. SHAW AVE SHAW AVE HERNDON AVE HERNDON AVE BLACKSTONE AVEWILLOW AVEASHLAN AVE SHIELDS AVE MCKINLEY AVE CEDAR AVESHIELDS AVESHIELDS AVE MCKINLEY AVE KINGS CANYON RD HIGHLAND AVEKINGS CANYON RD OLIVE AVE OLIVE AVE BUTLER AVE JENSEN AVE NORTH AVENORTH AVE JENSEN AVE KEARNEY BLVD BELMONT AVE BELMONT AVE BULLARD AVE NEES AVE SHEPHERD AVE GRANTLAND AVEGARFIELD AVEBLYTHE AVEBLYTHE AVEBRAWLEY AVEMARKS AVECLINTON AVEBRAWLEY AVEPOLK AVEMARKS AVEWEST AVEPALM AVEWE B E R AV E GO LD E N S T A T E B L V D FRES N O STWALNUT AVEFIG AVECENTRAL AVE AMERICAN AVE PEACH AVECEDAR AVECHESTNUT AVECHESTNUT AVECLOVIS AVECLOVIS AVEFOWLER AVETEMPERANCE AVEJENSEN AVETEMPERANCE AVEFIRST STFIRST STBLACKSTONE AVEFRESNO STGOLD EN S T A T E B L VDH S T VAN NESS AVEBARSTOW AVE F R IANT R D CALIFORNIA AVE FRUIT AVEDE WOLFE AVECOPPER AVE F T W ASHINGTON RDFIRST STASHLAN AVE FOWLER AVEMAROA AVECHURCH AVE ANNADALE ELM AVECHERRY AVEEAST AVEORANGE AVEMAPLE AVEWILLOW AVEFRUIT AVEWEST AVEHUGHES AVECLINTON AVE CLINTON AVE DAKOTA AVEVAN NESS AVEALLUVIAL AVE BEHYMER AVE PERRIN AVE TEAGUE AVE GETTYSBURG AVEGETTYSBURG AVEVETERANS AUDU B O N DR BRYAN AVEHAYES AVECORNELIA AVEVALENTINE AVECHESTNUT AVETULARE AVE MCKINLEY AVE BULLARD AVE WHITESBRIDGE AVE MAPLE AVEFresno Yosemite International Airport California State University Fresno Fresno-Clovis Regional Wastewater Reclamation Facility (RWRF) F IGARDEN DRMap 1 Fresno Planning Area 8 Fire Impact Fee Program Nexus Study Update Public Review Draft Report May 2019 Economic & Planning Systems, Inc. 9 P:\182000\182126 Fresno Fire Nexus Study\Reports\182126 r01 05-2019.docx Table 4 provides the details of the estimated 2014 and projected 2035 population and employment for the Fire service area. This table includes a detailed accounting of the sources of the population and employment data, which are summarized below: Fresno General Plan Fiscal Impact Analysis (January 3, 2014). Map Atlas Fresno Existing Conditions Report (August 2011). Population data from the California Department of Finance (DOF). Employment data from the California Employment Development Department (EDD). City General Plan. Note that the government and education employment estimates are deducted from the total employment estimates because public uses will not pay development impact fees. Development Assumptions The Fire Fee is assessed on several subcategories of new residential and nonresidential development. The fee rates are established by allocating costs to residents and employees, establishing a cost per resident and a cost per employee, and then using density factors to convert those costs to fees per dwelling unit or 1,000 nonresidential building square feet. Table 5 shows the population and employment density assumptions used to establish the proposed Fire Fee for each residential and nonresidential development category. For the residential land uses, persons-per-dwelling-unit factors are used in the fee calculations. For the nonresidential land uses, building-square-feet-per-employee factors are used in the fee calculations. DRAFT Table 4 Fresno Fire Impact Fee Program Update Detailed Population and Employment Projections (2014-2035) Item Existing 2035 Growth Existing 2035 Growth Population Incorporated City 515,609 771,000 255,391 515,609 771,000 255,391 County "Islands" Located In City 40,000 0 (40,000) 40,000 0 (40,000) Other Unincorporated Areas Outside City 7,210 0 (7,210) 0 0 0 TOTAL 562,819 771,000 208,181 555,609 771,000 215,391 Employment Incorporated City 206,000 332,954 126,954 206,000 332,954 126,954 County "Islands" Located In City 15,988 0 (15,988) 15,988 0 (15,988) Other Unincorporated Areas Outside City 2,966 0 (2,966) 0 0 0 Subtotal 224,954 332,954 108,000 221,988 332,954 110,966 Less: Government and Education (approx. 20%) (44,991) (66,591) (21,600) (44,398) (66,591) (22,193) TOTAL 179,963 266,363 86,400 177,590 266,363 88,773 lu Sources of Data: Population City Existing Population: California Department of Finance (1/1/14) Total Existing Population: Fresno General Plan Fiscal Impact Analysis (1/3/14) 2035 Projected Population: Fresno General Plan (12/18/14) County Islands Existing Population: Map Atlas Fresno Existing Conditions Report (August 2011) Other Unincorporated Areas Outside City Population: Total planning area population less City and County Islands population. Employment Total Existing Employment: Fresno General Plan Fiscal Impact Analysis (1/3/14) Growth Employment: Fresno General Plan (108,000: 50,000 retail, 32,500 office, 25,500: other) + uninc. Area employment assumed to incorporate by 2035. City Existing Employment: California Employment Development Department (EDD) - 2014 Average County Islands Employment: same ratio of employment to population as for whole Fresno planning area. Other Unincorporated Areas Outside City Employment: Total planning area employment less City and County Islands employment 2035 Employment: Existing plus growth employment. Government and Education Employment (existing, growth, and 2035) estimated as follows: 1) County education and government employees as percentage of total County employment obtained from EDD data (Jan. 2015) 2) Percentage from previous step multiplied by total employment Assumes all County Islands and other unincorporated areas outside the City will annex by 2035. The General Plan states that all unincorporated area in the planning area is expected to eventually annex (page 1-13). Fresno SOI Fire Service Area Prepared by EPS 5/21/2019 P:\182000\182126 Fresno Fire Nexus Study\Models\182126 Fire m6.xlsx 10 DRAFT Table 5 Fresno Fire Impact Fee Program Update Key Demographic Assumptions Item Factor Persons per Household Single-Family 3.14 Multifamily 2.37 Building Square Feet per Employee Retail 400 Office 350 Industrial 700 assump Sources: Persons per Household: American Community Survey 2013 Sq. Ft. per Employee: 2012 Fresno Fiscal Impact Analysis (EPS) Prepared by EPS 5/21/2019 P:\182000\182126 Fresno Fire Nexus Study\Models\182126 Fire m6.xlsx 11 Economic & Planning Systems, Inc. 12 P:\182000\182126 Fresno Fire Nexus Study\Reports\182126 r01 05-2019.docx 3. CAPITAL IMPROVEMENT PROGRAM Overview The City provides fire services through an existing portfolio of stations, vehicles, and equipment. Anticipated citywide development occurring through 2035 requires construction of new stations and procurement of additional vehicles and equipment so that the FFD can continue to provide timely responses to calls for medical, fire, and other emergencies. Planned facility needs are determined by the FFD based on response time requirements. The City General Plan includes an urban growth standard that requires new development to be located within a four-minute response service area of a fire station. This chapter details the costs of all existing and planned improvements included in the Fire CIP provided by the FFD. Table 6 summarizes the CIP costs. Replacement costs are estimated for existing facilities, vehicles, and equipment. Some of the existing improvements were funded through bond financing, and the associated remaining financing costs are included in the existing improvements cost estimates. Inventories of planned facilities, vehicles, and equipment needed to serve development through 2035 were provided by the FFD, and cost estimates were developed for all improvements. It is assumed that all future fire stations, other facilities, and vehicles will be partially funded through bond financing. The associated financing costs are estimated and included in the planned improvements cost estimates. All costs in this 2019 Nexus Study Update are expressed in 2019 dollars and are based on the best available cost estimates at this time. If costs change significantly, or if other funding sources become available, the cost estimates and fees will be adjusted accordingly. The City periodically will conduct a review of improvement costs and will make necessary adjustments to the fee. Fire CIP Summary Table 6 summarizes the existing and planned Fire CIP improvements and associated costs. The total cost estimate of $524.8 million includes approximately $176.3 million for existing improvements and $348.5 million for future improvements. These costs include the costs of existing and planned facilities, apparatus, and equipment, as well as the associated financing costs for bond-funded facilities and apparatus. The financing costs for both existing and future bond debt service are detailed in Appendix A and summarized below Currently, bonds have been issued to fund $17.6 million of existing facilities. The Fire Fee Program revenues will be used to pay 49 percent of the associated debt service, and the City General Fund will be used to pay the remaining 51 percent. This percentage split is based on a deficiency analysis conducted as part of the 2005 Fire & Police Facilities Impact Fees Nexus Study. Consistent with the percentage split identified above, 49 percent of the remaining financing costs for existing debt service are included in the Fire Fee Program costs. DRAFT Table 6 Fresno Fire Impact Fee Program Update Summary of Fire Capital Improvement Program (2019 $) Item Source Fire Facilities Existing Improvements Facilities Table 7 $135,916,725 Apparatus and Equipment Table 8 $36,851,400 Financing Cost Table A-1 $3,570,000 Total $176,338,125 Planned Improvements Facilities Table 9 $231,693,175 Apparatus and Equipment Table 10 $25,073,600 Financing Cost Table A-2 $91,700,000 Total $348,466,775 Total Improvements Facilities $367,609,900 Apparatus and Equipment $61,925,000 Financing Cost $95,270,000 Total $524,804,900 sum cost Source: Fresno Fire Department and EPS Prepared by EPS 5/21/2019 P:\182000\182126 Fresno Fire Nexus Study\Models\182126 Fire m6.xlsx 13 Fire Impact Fee Program Nexus Study Update Public Review Draft Report May 2019 Economic & Planning Systems, Inc. 14 Y:\Projects\SAC\182000\182126 Fresno Fire Nexus Study\Reports\182126 r01 05-2019.docx For all future facility construction and apparatus, excluding Station 18, it is assumed that 70 percent of the costs will be bond funded and that all of the associated financing costs will be funded by the Fire Fees. The bond funded construction costs include site improvement and parking, building construction, and soft costs. Future facility land acquisition costs are not assumed to be bond funded. Construction of Station 18 is being fund through City sources. Half of the construction costs are being funded by an internal loan and the other half are being funded through the General Fund. The internal loan will be approximately $3.5 million and will be repaid with interest using future impact fee revenue. The financing costs (interest payments) associated with the internal loan are included in the Fire Fee Program costs. Existing Improvements Facilities Table 7 details the existing FFD facilities and associated costs. The FFD currently operates out of the headquarters facility, 20 existing fire stations, a maintenance facility, and a training facility. However, the maintenance (shop) facility, training facility, and four stations are planned for replacement with new buildings by 2035. The costs of these facilities slated for replacement are excluded from Table 7 because the estimated costs of the new replacement facilities are included in the total planned facilities cost (see Table 9). It is assumed that the existing facilities to be replaced will be sold and that the revenue generated will be used to offset the cost of existing deficiencies and to help fund the portion of facilities needed by the existing population. The existing facility cost estimates include both land acquisition and construction costs. The land acquisition costs are estimated at $200,000 per acre for all fire stations and $300,000 per acre for the Headquarters facility. The construction cost estimate includes the following components: Site improvement and parking cost of $300,000 per acre. Building construction cost of $630 per building square foot based on recent bids received by the City and a review of fire station construction costs in areas comparable to Fresno. Allowance of 25 percent for soft costs. Apparatus and Equipment Table 8 details the existing FFD apparatus and equipment and associated costs. As shown on this table, the FFD has a number of different types of vehicles, including fire engines, trucks and sports utility vehicles, water tenders, and other specialized vehicles. Additionally, the FFD provides sets of personal protective equipment for all firefighters. The number of equipment sets shown on Table 8 is based on the number of FFD sworn officers in 2018. All unit costs in this table were provided by the FFD. DRAFTTable 7Fresno Fire Impact Fee Program UpdateExisting Fire Facilities (2019 $)Item Location AcresCostper AcreCostper Acre ValueSq. Ft.Cost perSq. Ft. [1] ValueSoftCostsFormulaAB C=A*B D E=A*DFGH=F*GI=E+HJ=I*25% K=I+JC+KPlanned to RemainHeadquarters Tulare & H Street 2.43 $300,000$729,000$300,000 $729,000 22,000 $630 $13,860,000$14,589,000$3,647,250$18,236,250 $18,965,250Station 1Jackson & Hammond 0.83 $200,000$166,000$300,000 $249,000 7,625 $630 $4,803,750$5,052,750$1,263,188$6,315,938 $6,481,938Station 2West & Fir0.44 $200,000$88,000$300,000 $132,000 5,700 $630 $3,591,000$3,723,000$930,750$4,653,750 $4,741,750Station 3 Fresno & E Street 0.34 $300,000$102,000$300,000 $102,000 12,550 $630 $7,906,500$8,008,500$2,002,125$10,010,625 $10,112,625Station 4 First & Tulare 0.47 $200,000$94,000$300,000 $141,000 14,360 $630 $9,046,800$9,187,800$2,296,950$11,484,750 $11,578,750Station 5 Fresno & Shields 0.61 $200,000$122,000$300,000 $183,000 5,280 $630 $3,326,400$3,509,400$877,350$4,386,750 $4,508,750Station 7 Cherry & Jensen 1.10 $200,000$220,000$300,000 $330,000 5,915 $630 $3,726,450$4,056,450$1,014,113$5,070,563 $5,290,563Station 8 Cedar & Butler0.40 $200,000$80,000$300,000 $120,000 6,956 $630 $4,382,280$4,502,280$1,125,570$5,627,850 $5,707,850Station 9 Clinton & Fruit 0.73 $200,000$146,000$300,000 $219,000 7,625 $630 $4,803,750$5,022,750$1,255,688$6,278,438 $6,424,438Station 11 Fresno & Wrenwood 0.67 $200,000$134,000$300,000 $201,000 12,400 $630 $7,812,000$8,013,000$2,003,250$10,016,250 $10,150,250Station 13 Millbrook & Nees 0.70 $200,000$140,000$300,000 $210,000 7,300 $630 $4,599,000$4,809,000$1,202,250$6,011,250 $6,151,250Station 14 Polk & Escalon 0.92 $200,000$184,000$300,000 $276,000 9,263 $630 $5,835,690$6,111,690$1,527,923$7,639,613 $7,823,613Station 15 Clovis & Park Cir Dr. 1.00 $200,000$200,000$300,000 $300,000 9,698 $630 $6,109,740$6,409,740$1,602,435$8,012,175 $8,212,175Station 16 Clinton & Polk 0.92 $200,000$184,000$300,000 $276,000 9,698 $630 $6,109,740$6,385,740$1,596,435$7,982,175 $8,166,175Station 17 Maple & International 1.10 $200,000$220,000$300,000 $330,000 9,698 $630 $6,109,740$6,439,740$1,609,935$8,049,675 $8,269,675Station 19 Belmont & Marks 0.83 $200,000$166,000$300,000 $249,000 9,698 $630 $6,109,740$6,358,740$1,589,685$7,948,425 $8,114,425Station 20 Gettysburg & Wishon 0.50 $200,000$100,000$300,000 $150,000 6,260 $630 $3,943,800$4,093,800$1,023,450$5,117,250 $5,217,250Total 11.56 $3,075,000$4,197,000 162,026$102,076,380 $106,273,380 $26,568,345 $132,841,725 $135,916,725Planned to Be Replaced [2]Shop FacilityFresno & E Street1.04Training FacilityFresno & E Street0.70Station 6Gettysburg & Rowell 0.39Station 10 Westover & Aircorp Way1.00Station 12 Marks & Acacia 0.34Station 18 Bullard & Grantland 0.41Total 3.88$0TOTAL$135,916,725CIP_fire1Source: Fresno Fire Department[1] Cost per building square foot based on costs for recently constructed public safety buildings.[2] These facilities are planned for replacement by 2035 with permanent buildings. Therefore, they are excluded from the list of existing facilities.Subtotal StructureValueTOTALREPLACEMENTVALUEExisting Fire FacilitiesExcluded [2]Excluded [2]Site Imp. & ParkingLAND ACQUISITION CONSTRUCTIONBuildingTotal StructureValueExcluded [2]Total LandValuePrepared by EPS 5/21/2019P:\182000\182126 Fresno Fire Nexus Study\Models\182126 Fire m6.xlsx15 DRAFTTable 8Fresno Fire Impact Fee Program UpdateExisting Fire Apparatus and Equipment (2019 $)Replacement TotalItemNumberCostCostEngines24$800,000 $19,200,000Fire Trucks7$1,400,000 $9,800,000Patrol Rigs2$175,000 $350,000Breathing Support Super Vac1$250,000 $250,000Brush Rigs2$350,000 $700,000Decon Hazmat Trailer1$500,000 $500,000Water Tenders2$425,000 $850,000Super Vacs2$525,000 $1,050,000SUVs/Trucks15$90,000 $1,350,000COMM/Command Unit1$500,000 $500,000Personal Equipment311$7,400 $2,301,400TOTAL$36,851,400CIP_fire2Source: Fresno Fire DepartmentExisting Fire Apparatus and EquipmentPrepared by EPS 5/21/2019P:\182000\182126 Fresno Fire Nexus Study\Models\182126 Fire m6.xlsx16 DRAFTTable 9Fresno Fire Impact Fee Program UpdatePlanned Fire Facilities (2019 $)Item LocationImprovement TypeAcresCostper AcreTotal LandValueCostper Acre ValueSq. Ft.Cost perSq. Ft. [1] ValueSoftCostsFormulaAB C=A*B D E=A*DFG H=F*G I=E+HJ=I*25% K=I+JC+KNew and ReplacementShop Facility Undetermined Replacement 5.00 $200,000$1,000,000$300,000 $1,500,000 40,000 $630 $25,200,000$26,700,000$6,675,000$33,375,000$34,375,000Training FacilityUndetermined Replacement 5.00 $200,000$1,000,000$300,000 $1,500,000 40,000 $630 $25,200,000$26,700,000$6,675,000$33,375,000$34,375,000Station 2West & FirExpansion - $200,000$0$300,000 $0 3,450 $690 $2,380,500$2,380,500$595,125$2,975,625$2,975,625Station 5Fresno & Shields Expansion - $200,000$0$300,000 $0 3,450 $690 $2,380,500$2,380,500$595,125$2,975,625$2,975,625Station 6Gettysburg & Rowell Replacement 1.50 $200,000$300,000$300,000 $450,000 9,600 $630 $6,048,000$6,498,000$1,624,500$8,122,500$8,422,500Station 7Cherry & Jensen Expansion - $200,000$0$300,000 $0 4,000 $690 $2,760,000$2,760,000$690,000$3,450,000$3,450,000Station 8Cedar & Butler Expansion - $200,000$0$300,000 $0 4,000 $690 $2,760,000$2,760,000$690,000$3,450,000$3,450,000Station 9Clinton & Fruit Expansion - $200,000$0$300,000 $0 3,450 $690 $2,380,500$2,380,500$595,125$2,975,625$2,975,625Station 10 Clinton & Armstrong Replacement 1.50 $200,000$300,000$300,000 $450,000 10,900 $630 $6,867,000$7,317,000$1,829,250$9,146,250$9,446,250Station 12 Marks & Acacia Replacement 1.50 $200,000$300,000$300,000 $450,000 10,900 $630 $6,867,000$7,317,000$1,829,250$9,146,250$9,446,250Station 15 Clovis & Park Cir Dr. Expansion - $200,000$0$300,000 $0 3,450 $690 $2,380,500$2,380,500$595,125$2,975,625$2,975,625Station 18 Shaw & Bryan Replacement 1.84 $200,000$368,000$300,000 $552,000 10,678 $630 $6,727,140$7,279,140$1,819,785$9,098,925$9,466,925Station 19 Belmont & Marks Expansion - $200,000$0$300,000 $0 4,000 $690 $2,760,000$2,760,000$690,000$3,450,000$3,450,000Station 21Belmont & Van NessNew1.50 $200,000$300,000$300,000 $450,000 10,900 $630 $6,867,000$7,317,000$1,829,250$9,146,250$9,446,250Station 22 North & Chestnut New1.50 $200,000$300,000$300,000 $450,000 10,900 $630 $6,867,000$7,317,000$1,829,250$9,146,250$9,446,250Station 23 Church & Fruit New1.50 $200,000$300,000$300,000 $450,000 10,900 $630 $6,867,000$7,317,000$1,829,250$9,146,250$9,446,250Station 24 Herndon & BrawleyNew1.50 $200,000$300,000$300,000 $450,000 10,900 $630 $6,867,000$7,317,000$1,829,250$9,146,250$9,446,250Station 25 McKinley & DeWolfNew1.50 $200,000$300,000$300,000 $450,000 10,900 $630 $6,867,000$7,317,000$1,829,250$9,146,250$9,446,250Station 26 Calif. & Temperance New1.50 $200,000$300,000$300,000 $450,000 10,900 $630 $6,867,000$7,317,000$1,829,250$9,146,250$9,446,250Station 27 Teague & Chestnut New1.50 $200,000$300,000$300,000 $450,000 10,900 $630 $6,867,000$7,317,000$1,829,250$9,146,250$9,446,250Station 28 Champlain & Friant New1.50 $200,000$300,000$300,000 $450,000 10,900 $630 $6,867,000$7,317,000$1,829,250$9,146,250$9,446,250Station 29 Barstow & BrawleyNew1.50 $200,000$300,000$300,000 $450,000 10,900 $630 $6,867,000$7,317,000$1,829,250$9,146,250$9,446,250Station 30 Dakota & BrawleyNew1.50 $200,000$300,000$300,000 $450,000 10,900 $630 $6,867,000$7,317,000$1,829,250$9,146,250$9,446,250Station 31 Central & CherryNew1.50 $200,000$300,000$300,000 $450,000 10,900 $630 $6,867,000$7,317,000$1,829,250$9,146,250$9,446,250TOTAL$6,568,000$9,852,000 267,778$170,248,140 $180,100,140 $45,025,035 $225,125,175 $231,693,175CIP_fire3Source: Fresno Fire Department and EPS.[1] Cost per building square foot based on costs for recently constructed public safety buildings.Planned Fire FacilitiesSite Imp. & ParkingLAND ACQUISITIONCONSTRUCTIONTOTALVALUEBuildingSubtotal StructureValueTotal StructureValuePrepared by EPS 5/21/2019P:\182000\182126 Fresno Fire Nexus Study\Models\182126 Fire m6.xlsx17 Fire Impact Fee Program Nexus Study Update Public Review Draft Report May 2019 Economic & Planning Systems, Inc. 18 P:\182000\182126 Fresno Fire Nexus Study\Reports\182126 r01 05-2019.docx Planned Improvements Facilities Table 9 details the future planned FFD facilities and associated costs needed to provide adequate service to the City’s residents and employees through the General Plan buildout horizon year of 2035. The planned facilities include eleven new fire stations, the replacement of four existing stations, the replacement of the shop and training facilities, and the expansion of seven existing fire stations. The estimated facilities costs include both land acquisition and construction costs. The land acquisition cost per acre is estimated at $200,000 per acre for all new and replacement facilities. Expanded facilities do not require land acquisition. The construction cost estimates for new and replacement facilities are the same as those detailed above for existing facilities. For expanded facilities, a slightly higher building construction cost of $690 per square foot is assumed. Apparatus and Equipment Table 10 details the additional FFD apparatus and equipment, and associated costs, needed to provide adequate service to the City’s residents and employees through the General Plan buildout horizon year of 2035. This apparatus and equipment include eleven fire engines, 6 fire trucks, 15 trucks and sports utility vehicles, several other specialized vehicles, and 314 personal equipment sets. The number of additional personal equipment sets needed is based on the General Plan standard of 0.81 firefighters per 1,000 residents. The planned apparatus and equipment unit costs were provided by the FFD. DRAFTTable 10Fresno Fire Impact Fee Program UpdatePlanned Fire Apparatus and Equipment (2019 $)UnitTotalItemNumberCostCostEngines11$800,000 $8,800,000Fire Trucks6 $1,400,000 $8,400,000Patrol Rigs2$175,000 $350,000Breathing Support Super Vac1$250,000 $250,000Brush Rigs2$350,000 $700,000Decon Hazmat Trailer1$500,000 $500,000Water Tenders2$425,000 $850,000Super Vacs2$525,000 $1,050,000SUVs/Trucks15$90,000 $1,350,000COMM/Command Unit1$500,000 $500,000Personal Equipment [1]314$7,400 $2,323,600TOTAL$25,073,600CIP_fire4Source: Fresno Fire Department[1] Equipment for future sworn safety members (total in 2035-current, assuming 0.81 firefighters per 1,000 residents). See Table 8 for number of current officers.Planned Fire Apparatus and EquipmentPrepared by EPS 5/21/2019P:\182000\182126 Fresno Fire Nexus Study\Models\182126 Fire m6.xlsx19 Economic & Planning Systems, Inc. 20 P:\182000\182126 Fresno Fire Nexus Study\Reports\182126 r01 05-2019.docx 4. COST ALLOCATION Introduction The Fire Fees are estimated by allocating the FFD capital costs (detailed in the previous chapter) to the various land uses based on each land use’s relative demand for fire services. The general process outlined below is used to allocate costs: Emergency call activity is used to estimate the relative demand for FFD services and to allocate capital costs to residents and employees. This allocation is used to establish a cost per resident and a cost per employee. For each residential land use, the cost per resident is converted to a cost per dwelling unit using average persons per household assumptions. For each nonresidential land use, the cost per employee is converted to a cost per thousand building square feet using average square feet per employee assumptions. The costs per dwelling unit and per thousand building square feet are equivalent to the base fees by land use. In addition, the City charges an administration fee to administer the fee program. This methodology provides an appropriate estimate of the relative impact each land use has on the public safety system. The resulting fees are summarized in Table 1 in Chapter 1 of this 2019 Nexus Study Update. FFD Capital Costs Allocation Table 11 details the allocation of FFD service calls to residents and employees and the resulting estimated FFD cost per resident and cost per employee. Table 12 details the methodology used to convert the FFD cost per resident and cost per employee to costs per dwelling unit and thousand building square feet by land use. As summarized in the introduction of this chapter, emergency call activity was used to estimate each land use’s relative demand for fire services. FFD capital costs were allocated to the various land uses based on this relative demand. The specific steps in allocating the FFD capital costs are outlined below: Please refer to Appendix B for call activity detail referenced in Step 3. Please refer to Table 11 for Steps 3 through 7. Please refer to Tables 12 for Step 8. DRAFTTable 11Fresno Fire Impact Fee Program UpdateFire Improvements Cost per Resident/Employee (2019 $)ItemFormula Residential Nonresidential TotalAnnual Calls for Service [1]A29,6514,16633,8172014 Service Area Residents and Employees [2]B555,609 177,590733,199Calls per Resident or EmployeeC = A / B/1,0000.050.02Allocation Factor [3]D = C / Residential C1.000.442035 Residents/Employees [2]E771,000 266,3631,037,3632035 Persons ServedF=D*E771,000 117,090888,090Percentage Distribution of Persons ServedG87%13%100%Total Costs [4]H=G*Total Cost$455,611,894 $69,193,006$524,804,900Cost per Resident/EmployeeH / E$591$260firepolSource: City of Fresno and EPS[1] See Table B-1.[2] See Table 3.[3] The allocation factor accounts for the relative impact of an employee as compared to that of a resident. [4] See Table 6 for total costs.Prepared by EPS 5/21/2019P:\182000\182126 Fresno Fire Nexus Study\Models\182126 Fire m6.xlsx21 DRAFTTable 12Fresno Fire Impact Fee Program UpdateFire Improvements Cost Allocation (2019 $)ItemCost perPersonPersonsper UnitBldg. Sq. Ft.per EmployeeEmployees per1,000 Bldg. Sq. Ft.Cost per Unit/1,000 Bldg. Sq. Ft.[1] [2] [2]FormulaF = E / AGHI = 1000 / HF * G orF * IResidentialSingle-Family $591 3.14 - - $1,856Multifamily $591 2.37 - - $1,401Subtotal ResidentialNonresidentialRetail$260- 4002.50$649Office$260- 3502.86$742Industrial$260- 7001.43$371Subtotal Nonresidentialfire_allocSource: EPS[1] See Table 11.[2] See Table 5.Prepared by EPS 5/21/2019P:\182000\182126 Fresno Fire Nexus Study\Models\182126 Fire m6.xlsx22 Fire Impact Fee Program Nexus Study Update Public Review Draft Report May 2019 Economic & Planning Systems, Inc. 23 P:\182000\182126 Fresno Fire Nexus Study\Reports\182126 r01 05-2019.docx 1. Identify the capital costs to be funded by the Fire Fee Program, as detailed in Chapter 3. 2. Identify the service population and employees for residential and nonresidential uses, respectively in the buildout horizon year of 2035, as detailed in Chapter 2. 3. Using the calls for service data provided by the FFD, determine the distribution of service calls between residential and nonresidential uses (see Table B-1 through Table B-3). Then estimate the number of calls per resident or employee. 4. Divide the number of calls per employee by the number of calls per resident (both from Step 3) to determine the resident equivalent factor (shown in Tables 11 as “Allocation Factor”) for nonresidential uses. This factor is used to estimate the relative impact of an employee as compared to a resident. 5. Estimate residential and nonresidential persons served in 2035. For residential uses, the number of persons served equals the estimated 2035 population. For nonresidential uses, the number of persons served equals the estimated 2035 employees multiplied by the Allocation Factor from Step 4. 6. Allocate the capital costs from Step 1 to residential and nonresidential uses based on the percentage distribution of the estimated persons served from Step 5. 7. Divide the residential costs from step 6 by the estimated 2035 population from Step 2 to determine a cost per resident. Divide the nonresidential costs from Step 6 by the estimated 2035 employees from Step 2 to determine a cost per employee. 8. Multiply the cost per person from Step 7 by persons per household for each residential use and by employees per 1,000 building square feet for each nonresidential use. The result will be the base fee per residential dwelling unit and per thousand nonresidential building square feet. Administration In addition to the base Fire Fee for each developable land use, the City charges a fee to administer the Fire Fee Program. The administration fee charged per residential dwelling unit and thousand nonresidential building square feet is 2 percent of the base fee. Economic & Planning Systems, Inc. 24 P:\182000\182126 Fresno Fire Nexus Study\Reports\182126 r01 05-2019.docx 5. IMPLEMENTATION The Fire Fees presented in this 2019 Nexus Study Update are based on the best cost estimates and land use information available at this time. If costs, development projections, or funding sources other than development impact fees change significantly, the fees should be adjusted accordingly. The proposed updated Fire Fee schedule must be adopted by the City Council. The updated fees will be effective 60 days following final action on the adoption of this 2019 Nexus Study Update, the ordinance authorizing collection of the updated Fire Fees, and the fee resolution establishing the updated fees. The City should conduct periodic reviews of the estimated development, costs, and associated funding sources. Based on these reviews, the City should make necessary adjustments to the fee. Each year the City should apply an appropriate inflation adjustment factor to the fee to reflect changes in construction costs. Applicability of Fee Program Once the updated Fire Fee Program takes effect, the updated Fire Fees will be collected from all new residential and nonresidential development within the boundary of the City prior to building permit issuance. The fee is based on the covered square footage of the structure(s), which would include living/habitable area, garages, covered patios, carports, etc. The term “new development” as used in this 2019 Nexus Study Update includes the covered building square footage of additions and/or modifications to existing development as long as the addition/modifications increase the existing structure by more than 500 square feet. Fee Exemptions The following types of development are specifically exempt from the Fire Fee Program: All public agencies, including federal and state agencies, public school districts, and the City, unless other arrangements or agreements are established with the City. Any internal or external alternation or modification to existing residential and nonresidential buildings when no change in use occurs and the square footage increase is 500 square feet or less. Any replacement or reconstruction of any structure that is damaged or destroyed as a result of fire, flood, explosion, wind, earthquake, riot, or other calamity, or act of God. If the building replaced or reconstructed exceeds the documented total floor area of the damaged/destroyed building, the excess square footage is subject to the fire protection fee. Fire Impact Fee Program Nexus Study Update Public Review Draft Report May 2019 Economic & Planning Systems, Inc. 25 P:\182000\182126 Fresno Fire Nexus Study\Reports\182126 r01 05-2019.docx If a structure has been vacant for more than one year, no exemption or credit shall apply. If a structure is replaced with an alternative land use, such as replacing a single family home with a commercial building, no exemption shall apply. Residential accessory structures that do not increase covered building square footage such as open decks and pools. With written approval from the FFD, any or all of the Fire Fees may be waived if the City determines that a proposed project will not impact the need for fire improvements for which the fee is being collected. Written fee waivers may be available on a case-by-case basis for certain agricultural facilities, temporary structures (including temporary mobile homes), or other facilities that are determined to have no impact on the need for fire improvements identified in the Fire Fee Program. Fee Credits or Adjustments The purpose of the Fire Fee Program is to provide funds to construct/acquire new fire protection improvements. Although it is not currently anticipated that developers will construct/acquire fire protection improvements included in the fee program (other than Station 18), should this occur, the developers may enter into a fee credit and reimbursement agreement with the City. Reimbursement to Developers In the event a developer or developers do construct/acquire any fire protection improvements included in the Fire Fee Program, fee credits and reimbursements will be provided under the following conditions. Developer-installed/acquired improvements shall be considered for credits and/or reimbursements. Only funds collected from the Fire Fee Program shall be used to reimburse a developer who installed eligible facility improvements or acquired eligible equipment identified in the CIP. The value of any developer-installed/acquired improvement for fee credit or reimbursement purposes shall be based upon the lesser of the actual costs or the cost estimates (as updated) used to establish the amount of the Fire Fees. The use of accumulated fee revenues shall be used in the following priority order: (1) critical projects, (2) repayment of inter-fund loans, and (3) repayment of accrued reimbursement to private developers. A project is deemed to be a “critical project” when failure to complete the project prohibits further development within the City. Fire Impact Fee Program Nexus Study Update Public Review Draft Report May 2019 Economic & Planning Systems, Inc. 26 P:\182000\182126 Fresno Fire Nexus Study\Reports\182126 r01 05-2019.docx Periodic Inflation Adjustment and Fee Review The Fire Fee schedule should be adjusted annually to account for the inflation of construction and land acquisition costs. It is recommended that the Fire Fees be adjusted on July 1 of each year beginning on July 1, 2020. The adjustment will be based on the percentage change in the 20- City Construction Cost Index (CCI) as reported in the Engineering News Record (ENR) for the 12- month period ending in May of the year of the adjustment. In addition, the Fire Fees are subject to periodic adjustment based on changes in developable land, cost estimates, or other funding sources. The City should review the Fire Fees periodically to determine if any of the following adjustments to the fees are warranted: Changes to the required facilities or equipment listed in the CIPs. Changes in the cost to update or administer the fee. Changes in costs because of inflation. Changes in assumed development. Changes in other funding sources. Any proposed changes to the Fire Fees based on the periodic review must be presented to City Council prior to any adjustment of the fee. Fee Administration Consistent with the current programs, the Fire Fees will be collected from new development within the City at the time of building permit issuance; however, use of these funds may need to wait until a sufficient fund balance can be accrued. Per Government Code Section 66006, the City is required to deposit, invest, account for, and expend the fee in a prescribed manner. Five-Year Review By the fifth fiscal year following the first deposit into the Fire Fee account or fund, and every five years thereafter, the City is required to make all of the following findings with respect to that portion of the account or fund remaining unexpended: Identify the purpose of the fee. Demonstrate a reasonable relationship between the fee and the purpose for which it is charged. Identify all sources and amounts of funding anticipated to complete financing for incomplete fire protection improvements. Designate the approximate dates that the funding referred to above is expected to be deposited in the appropriate account or fund. The City must refund the unexpended or uncommitted revenue portion for which a need could not be demonstrated in the above findings, unless the administrative costs exceed the amount of the refund. Economic & Planning Systems, Inc. 27 P:\182000\182126 Fresno Fire Nexus Study\Reports\182126 r01 05-2019.docx 6. AB 1600 NEXUS FINDINGS Authority This report has been prepared to update the Fire Fees in accordance with the procedural guidelines established in AB 1600, which is codified in California Government Section 66000 et. seq. This code section sets forth the procedural requirements for establishing and collecting development impact fees. The procedures require that a “reasonable relationship or nexus must exist between a governmental exaction and the purpose of the condition.”2 Specifically, each local agency imposing a fee must: Identify the purpose of the fee. Identify how the fee is to be used. Determine how a reasonable relationship exists between the fee’s use and the type of development project on which the fee is imposed. Determine how a reasonable relationship exists between the need for the public facility and the type of development project on which the fee is imposed. Demonstrate a reasonable relationship between the amount of the fee and the cost of the public facility or portion of the public facility attributable to the development on which the fee is imposed. Summary of Nexus Findings The development impact fees to be collected for each land use are calculated based on the proportionate share of the total facility use that each land use represents. With this approach, the following findings are made concerning the City’s Fire Fee Program. Purpose of Fee The Fire Fee Program updated through this 2019 Nexus Study Update will fund the new fire facilities, vehicles, and equipment necessary to serve new residential and nonresidential development in the City. New development in the City will increase the service population and, therefore, the need for new fire capital improvements to adequately serve the new residents and employees. Use of Fees Fire Fee revenue will be used to construct new development’s proportionate share of fire buildings and equipment, as well as to acquire fire vehicles and equipment necessitated by new development. It also will be used to plan for and design fire facilities and fund the studies and administration needed to support the programs. 2 Public Needs & Private Dollars; William Abbott, Marian E. Moe, and Marilee Hanson, page 109. Fire Impact Fee Program Nexus Study Update Public Review Draft Report May 2019 Economic & Planning Systems, Inc. 28 P:\182000\182126 Fresno Fire Nexus Study\Reports\182126 r01 05-2019.docx Relationship between Use of Fees and Type of Development The development of new residential and nonresidential land uses in the City will generate the need for additional fire personnel, facilities, vehicles, and equipment. The Fire Fee revenue will be used to construct and expand facilities and to acquire vehicles and equipment needed to serve new residents and employees. Relationship between Need for Facility and Type of Project Each new residential and nonresidential development project will generate additional demand for fire services and personnel. Additional personnel will be housed in future fire stations and require support vehicles and equipment to serve additional demand generated by new residents and employees. Relationship between Amount of Fees and Cost of or Portion of Facility Attributed to Development on which Fee is Imposed The costs of fire facilities, vehicles, and equipment needed to serve new development were split between residential and nonresidential uses based on service call activity. Using this split, fire costs per resident and costs per employee were estimated. These costs were converted to costs per dwelling unit and thousand nonresidential building square feet by land use using an appropriate common use factor for each land use. The common use factor for each residential land use is the number of persons per household. The common use factor for each nonresidential land use is the number of employees per thousand building square feet. For each land use, the base Fire Fee is equal to the allocated cost per dwelling unit or thousand nonresidential building square feet. Append Append A dix A: dix B: APPENDIC Fire Fac Bond Fin Fresno F Service CES: ilities an nancing Fire Depa Call Acti nd Appar artment ivity atus FFire Facil Table A-1 Table A-2 Table A-3 Table A-4 Table A-5 A lities and Debt Se Debt Se Planned Station Debt Se Planned Future APPENDIX d Appara ervice and F ervice and F d Fire Faciliti 18 Debt Se ervice and F d Fire Faciliti Facilities and X A: atus Bond inancing Cos inancing Cos ies and Appa rvice and Fin inancing Cos ies and Appa d Apparatus d Financ sts–Existing st Summary aratus ........ nancing Cost st Detail— aratus (2 pag Schedule ... cing Fire Facilitie — .................. t Detail ....... ges) ........... .................. es .... .A-1 ........ A-2 ........ A-3 ........ A-4 ........ A-6 DRAFT Table A-1 Fresno Fire Impact Fee Program Update Debt Service and Financing Costs - Existing Fire Facilities Item Formula Facilities Total Existing Bond Size $19,895,000 Land Acquisition and Construction Proceeds $17,560,000 Facility Cost Percent of Total Bond Size A 88.26% Present Value of Remaining Debt Service (2020-2039) at 3.00%B $21,678,933 Less Remaining Construction and Land Acquisition Proceeds Land Acquisition and Construction Proceeds C $17,560,000 Less Const. & Land Acq. Proceeds Already Paid (88.26% of principal payments made)D=A*$3.59M ($3,164,242) Subtotal E=C+D $14,395,758 Financing Costs B-E $7,283,176 Financing Costs Funded by Development Impact Fee (Rounded) [1]F*49%$3,570,000 Annual Principal Interest PAYMENT SCHEDULE Year Debt Service Payment Payment Assumption 2010 $1,459,951 $330,000 $1,129,951 Estimated Inflation Factor [2] 3.00% 2011 $1,457,381 $310,000 $1,147,381 Bond Term (Years) 30 2012 $1,458,081 $320,000 $1,138,081 2013 $1,458,481 $330,000 $1,128,481 2014 $1,455,281 $340,000 $1,115,281 2015 $1,456,681 $355,000 $1,101,681 2016 $1,457,481 $370,000 $1,087,481 2017 $1,458,981 $390,000 $1,068,981 2018 $1,459,481 $410,000 $1,049,481 2019 $1,458,981 $430,000 $1,028,981 Subtotal $14,580,782 $3,585,000 $10,995,782 2020 $1,457,481 $450,000 $1,007,481 2021 $1,454,981 $470,000 $984,981 2022 $1,455,894 $495,000 $960,894 2023 $1,459,906 $525,000 $934,906 2024 $1,456,031 $550,000 $906,031 2025 $1,455,094 $580,000 $875,094 2026 $1,456,744 $615,000 $841,744 2027 $1,454,844 $650,000 $804,844 2028 $1,458,406 $695,000 $763,406 2029 $1,459,100 $740,000 $719,100 2030 $1,456,925 $785,000 $671,925 2031 $1,456,881 $835,000 $621,881 2032 $1,458,650 $890,000 $568,650 2033 $1,456,913 $945,000 $511,913 2034 $1,456,669 $1,005,000 $451,669 2035 $1,457,600 $1,070,000 $387,600 2036 $1,459,388 $1,140,000 $319,388 2037 $1,456,713 $1,210,000 $246,713 2038 $1,459,575 $1,290,000 $169,575 2039 $1,457,338 $1,370,000 $87,338 Subtotal $29,145,131 $16,310,000 $12,835,131 Total $43,725,913 $19,895,000 $23,830,913 ex bond1 Source: Fresno Lease Revenue Bonds 2006 Debt Service Schedule for Fire Projects [1] Percentage of financing costs funded by the development impact fee based on a deficiency analysis conducted as part of the 2005 Fire & Police Facilities Impact Fee Nexus Study. [2] Annual fee program inflation is recommended to be based on the annual change in ENR-CCI. This analysis assumes 3.00%. Debt Service Paid Remaining Debt Service Existing Facilities Prepared by EPS 5/21/2019 P:\182000\182126 Fresno Fire Nexus Study\Models\182126 Fire m6.xlsxA-1 DRAFT Table A-2 Fresno Fire Impact Fee Program Update Debt Service and Financing Cost Summary Planned Fire Facilities and Apparatus Item Year Station 18 Loan Bond Financing for Other Facilities Total Source: Table A-3 Table A-4 Present Value of Debt Service $3,614,047 $260,342,661 $263,956,708 Less Principal ($3,500,000) ($168,718,375) ($172,218,375) Financing Costs $114,047 $91,624,286 $91,738,333 Financing Costs (Rounded)$100,000 $91,600,000 $91,700,000 2019 $0 $0 $0 2020 $0 $0 $0 2021 $184,386 $917,343 $1,101,729 2022 $184,386 $1,514,705 $1,699,091 2023 $184,386 $2,018,738 $2,203,124 2024 $184,386 $2,244,065 $2,428,451 2025 $184,386 $2,438,410 $2,622,796 2026 $184,386 $3,035,773 $3,220,159 2027 $184,386 $3,633,136 $3,817,522 2028 $184,386 $4,230,499 $4,414,885 2029 $184,386 $4,827,861 $5,012,248 2030 $184,386 $5,650,552 $5,834,938 2031 $184,386 $6,442,260 $6,626,646 2032 $184,386 $7,039,623 $7,224,009 2033 $184,386 $7,636,985 $7,821,371 2034 $184,386 $9,186,900 $9,371,286 2035 $184,386 $9,784,263 $9,968,649 2036 $184,386 $11,623,494 $11,807,880 2037 $184,386 $12,071,109 $12,255,495 2038 $184,386 $12,490,782 $12,675,168 2039 $184,386 $13,282,490 $13,466,876 2040 $184,386 $13,282,490 $13,466,876 2041 $184,386 $13,282,490 $13,466,876 2042 $184,386 $13,282,490 $13,466,876 2043 $184,386 $13,282,490 $13,466,876 2044 $184,386 $13,282,490 $13,466,876 2045 $184,386 $13,282,490 $13,466,876 2046 $184,386 $13,282,490 $13,466,876 2047 $184,386 $13,282,490 $13,466,876 2048 $184,386 $13,282,490 $13,466,876 2049 $184,386 $13,282,490 $13,466,876 2050 $184,386 $13,282,490 $13,466,876 2051 $0 $12,365,147 $12,365,147 2052 $0 $11,767,784 $11,767,784 2053 $0 $11,263,752 $11,263,752 2054 $0 $11,038,425 $11,038,425 2055 $0 $10,844,080 $10,844,080 2056 $0 $10,246,717 $10,246,717 2057 $0 $9,649,354 $9,649,354 2058 $0 $9,051,991 $9,051,991 2059 $0 $8,454,628 $8,454,628 2060 $0 $7,631,938 $7,631,938 2061 $0 $6,840,230 $6,840,230 2062 $0 $6,242,867 $6,242,867 2063 $0 $5,645,504 $5,645,504 2064 $0 $4,095,590 $4,095,590 2065 $0 $3,498,227 $3,498,227 2066 $0 $1,658,996 $1,658,996 2067 $0 $1,211,380 $1,211,380 2068 $0 $791,708 $791,708 Total $5,531,580 $398,474,692 $404,006,273 bond1 Source: City of Fresno, Fresno Fire Department, and EPS. Financing Costs Debt Service Schedule Debt Service Planned Facilities Prepared by EPS 5/21/2019 P:\182000\182126 Fresno Fire Nexus Study\Models\182126 Fire m6.xlsx A-2 DRAFTTable A-3 Fresno Fire Impact Fee Program Update Station 18 Debt Service and Financing Cost Detail Item Station 18 Loan Interest Rate 3.25% Loan Term (Years) 30 Estimated Inflation Factor 3.00% Loan Amount $3,500,000 Annual Debt Service $184,386 First Year 2021 Last Year 2050 Present Value of Debt Service $3,614,047 Less Principal ($3,500,000) Financing Costs $114,047 Year Annual Debt 2019 $0 2020 $0 2021 $184,386 2022 $184,386 2023 $184,386 2024 $184,386 2025 $184,386 2026 $184,386 2027 $184,386 2028 $184,386 2029 $184,386 2030 $184,386 2031 $184,386 2032 $184,386 2033 $184,386 2034 $184,386 2035 $184,386 2036 $184,386 2037 $184,386 2038 $184,386 2039 $184,386 2040 $184,386 2041 $184,386 2042 $184,386 2043 $184,386 2044 $184,386 2045 $184,386 2046 $184,386 2047 $184,386 2048 $184,386 2049 $184,386 2050 $184,386 TOTAL $5,531,580 st 18 Source: City of Fresno, Fresno Fire Department, and EPS. Prepared by EPS 5/21/2019 P:\182000\182126 Fresno Fire Nexus Study\Models\182126 Fire m6.xlsxA-3 DRAFTPage 1 of 2Table A-4Fresno Fire Impact Fee Program UpdateDebt Service and Financing Cost Detail Planned Fire Facilities and ApparatusItemSourceTotalStation 10Training Fac.Phase 1 Station 22 Station 12 Station 7 Station 9 Station 25 Station 31 Station 21 Station 23 Station 26 Station 19 Station 5 Station 30 Station 24Bond Interest Rate5.25%Bond Term (years)30Const. Proceeds Pct.85%Estimated Inflation Factor3.00%Construction ProceedsTable A-5$168,718,375$6,402,375 $5,250,000 $7,587,891 $6,402,375 $2,862,181 $2,468,631 $7,587,891 $7,587,891 $7,587,891 $7,587,891 $7,587,891 $2,862,181 $2,468,631 $7,587,891 $7,587,891Total Bond Size$198,492,206$7,532,206 $6,176,471 $8,926,931 $7,532,206 $3,367,272 $2,904,272 $8,926,931 $8,926,931 $8,926,931 $8,926,931 $8,926,931 $3,367,272 $2,904,272 $8,926,931 $8,926,931Annual Debt Service$504,032 $413,310 $597,363 $504,032 $225,328 $194,345 $597,363 $597,363 $597,363 $597,363 $597,363 $225,328 $194,345 $597,363 $597,363First YearTable A-52021 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2030 2031 2031 2032Last Year205020502051205220532054205520562057205820592059206020602061Present Value of Debt Service$260,342,661$9,879,252 $8,101,068 $11,708,576 $9,879,252 $4,416,519 $3,809,248 $11,708,576 $11,708,576 $11,708,576 $11,708,576 $11,708,576 $4,416,519 $3,809,248 $11,708,576 $11,708,576Less Bond Proceeds($168,718,375)($6,402,375) ($5,250,000) ($7,587,891) ($6,402,375) ($2,862,181) ($2,468,631) ($7,587,891) ($7,587,891) ($7,587,891) ($7,587,891) ($7,587,891) ($2,862,181) ($2,468,631) ($7,587,891) ($7,587,891)Financing Costs$91,624,286 $3,476,877 $2,851,068 $4,120,684 $3,476,877 $1,554,338 $1,340,616 $4,120,684 $4,120,684 $4,120,684 $4,120,684 $4,120,684 $1,554,338 $1,340,616 $4,120,684 $4,120,684Year2019$0$0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $02020$0$0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $02021$917,343$504,032 $413,310 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $02022$1,514,705$504,032 $413,310 $597,363 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $02023$2,018,738$504,032 $413,310 $597,363 $504,032 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $02024$2,244,065$504,032 $413,310 $597,363 $504,032 $225,328 $0 $0 $0 $0 $0 $0 $0 $0 $0 $02025$2,438,410$504,032 $413,310 $597,363 $504,032 $225,328 $194,345 $0 $0 $0 $0 $0 $0 $0 $0$02026$3,035,773$504,032 $413,310 $597,363 $504,032 $225,328 $194,345 $597,363 $0 $0 $0 $0$0$0$0$02027$3,633,136$504,032 $413,310 $597,363 $504,032 $225,328 $194,345 $597,363 $597,363$0$0$0$0$0$0$02028$4,230,499$504,032 $413,310 $597,363 $504,032 $225,328 $194,345 $597,363 $597,363 $597,363$0$0$0$0$0$02029$4,827,861$504,032 $413,310 $597,363 $504,032 $225,328 $194,345 $597,363 $597,363 $597,363 $597,363$0$0$0$0$02030$5,650,552$504,032 $413,310 $597,363 $504,032 $225,328 $194,345 $597,363 $597,363 $597,363 $597,363 $597,363 $225,328$0$0$02031$6,442,260$504,032 $413,310 $597,363 $504,032 $225,328 $194,345 $597,363 $597,363 $597,363 $597,363 $597,363 $225,328 $194,345 $597,363$02032$7,039,623$504,032 $413,310 $597,363 $504,032 $225,328 $194,345 $597,363 $597,363 $597,363 $597,363 $597,363 $225,328 $194,345 $597,363 $597,3632033$7,636,985$504,032 $413,310 $597,363 $504,032 $225,328 $194,345 $597,363 $597,363 $597,363 $597,363 $597,363 $225,328 $194,345 $597,363 $597,3632034$9,186,900$504,032 $413,310 $597,363 $504,032 $225,328 $194,345 $597,363 $597,363 $597,363 $597,363 $597,363 $225,328 $194,345 $597,363 $597,3632035$9,784,263$504,032 $413,310 $597,363 $504,032 $225,328 $194,345 $597,363 $597,363 $597,363 $597,363 $597,363 $225,328 $194,345 $597,363 $597,3632036$11,623,494$504,032 $413,310 $597,363 $504,032 $225,328 $194,345 $597,363 $597,363 $597,363 $597,363 $597,363 $225,328 $194,345 $597,363 $597,3632037$12,071,109$504,032 $413,310 $597,363 $504,032 $225,328 $194,345 $597,363 $597,363 $597,363 $597,363 $597,363 $225,328 $194,345 $597,363 $597,3632038$12,490,782$504,032 $413,310 $597,363 $504,032 $225,328 $194,345 $597,363 $597,363 $597,363 $597,363 $597,363 $225,328 $194,345 $597,363 $597,3632039$13,282,490$504,032 $413,310 $597,363 $504,032 $225,328 $194,345 $597,363 $597,363 $597,363 $597,363 $597,363 $225,328 $194,345 $597,363 $597,3632040$13,282,490$504,032 $413,310 $597,363 $504,032 $225,328 $194,345 $597,363 $597,363 $597,363 $597,363 $597,363 $225,328 $194,345 $597,363 $597,3632041$13,282,490$504,032 $413,310 $597,363 $504,032 $225,328 $194,345 $597,363 $597,363 $597,363 $597,363 $597,363 $225,328 $194,345 $597,363 $597,3632042$13,282,490$504,032 $413,310 $597,363 $504,032 $225,328 $194,345 $597,363 $597,363 $597,363 $597,363 $597,363 $225,328 $194,345 $597,363 $597,3632043$13,282,490$504,032 $413,310 $597,363 $504,032 $225,328 $194,345 $597,363 $597,363 $597,363 $597,363 $597,363 $225,328 $194,345 $597,363 $597,3632044$13,282,490$504,032 $413,310 $597,363 $504,032 $225,328 $194,345 $597,363 $597,363 $597,363 $597,363 $597,363 $225,328 $194,345 $597,363 $597,3632045$13,282,490$504,032 $413,310 $597,363 $504,032 $225,328 $194,345 $597,363 $597,363 $597,363 $597,363 $597,363 $225,328 $194,345 $597,363 $597,3632046$13,282,490$504,032$413,310$597,363 $504,032 $225,328 $194,345 $597,363 $597,363 $597,363 $597,363 $597,363 $225,328 $194,345 $597,363 $597,3632047$13,282,490$504,032 $413,310 $597,363 $504,032 $225,328 $194,345 $597,363 $597,363 $597,363 $597,363 $597,363 $225,328 $194,345 $597,363 $597,3632048$13,282,490$504,032 $413,310 $597,363 $504,032 $225,328 $194,345 $597,363 $597,363 $597,363 $597,363 $597,363 $225,328 $194,345 $597,363 $597,3632049$13,282,490$504,032 $413,310 $597,363 $504,032 $225,328 $194,345 $597,363 $597,363 $597,363 $597,363 $597,363 $225,328 $194,345 $597,363 $597,3632050$13,282,490$504,032 $413,310 $597,363 $504,032 $225,328 $194,345 $597,363 $597,363 $597,363 $597,363 $597,363 $225,328 $194,345 $597,363 $597,3632051$12,365,147$0$0 $597,363 $504,032 $225,328 $194,345 $597,363 $597,363 $597,363 $597,363 $597,363 $225,328 $194,345 $597,363 $597,3632052$11,767,784$0$0$0 $504,032 $225,328 $194,345 $597,363 $597,363 $597,363 $597,363 $597,363 $225,328 $194,345 $597,363 $597,3632053$11,263,752$0$0$0$0 $225,328 $194,345 $597,363 $597,363 $597,363 $597,363 $597,363 $225,328 $194,345 $597,363 $597,3632054$11,038,425$0$0$0$0$0 $194,345 $597,363 $597,363 $597,363 $597,363 $597,363 $225,328 $194,345 $597,363 $597,3632055$10,844,080$0$0$0$0$0$0 $597,363 $597,363 $597,363 $597,363 $597,363 $225,328 $194,345 $597,363 $597,3632056$10,246,717$0$0$0$0$0$0$0 $597,363 $597,363 $597,363 $597,363 $225,328 $194,345 $597,363 $597,3632057$9,649,354$0$0$0$0$0$0$0$0 $597,363 $597,363 $597,363 $225,328 $194,345 $597,363 $597,3632058$9,051,991$0$0$0$0$0$0$0$0$0 $597,363 $597,363 $225,328 $194,345 $597,363 $597,3632059$8,454,628$0$0$0$0$0$0$0$0$0$0 $597,363 $225,328 $194,345 $597,363 $597,3632060$7,631,938$0$0$0$0$0$0$0$0$0$0$0$0 $194,345 $597,363 $597,3632061$6,840,230$0$0$0$0$0$0$0$0$0$0$0$0$0$0 $597,3632062$6,242,867$0$0$0$0$0$0$0$0$0$0$0$0$0$0$02063$5,645,504$0$0$0$0$0$0$0$0$0$0$0$0$0$0$02064$4,095,590$0$0$0$0$0$0$0$0$0$0$0$0$0$0$02065$3,498,227$0$0$0$0$0$0$0$0$0$0$0$0$0$0$02066$1,658,996$0$0$0$0$0$0$0$0$0$0$0$0$0$0$02067$1,211,380$0$0$0$0$0$0$0$0$0$0$0$0$0$0$02068$791,708$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0TOTAL$398,474,692 $15,120,964 $12,399,314 $17,920,886 $15,120,964 $6,759,826 $5,830,350 $17,920,886 $17,920,886 $17,920,886 $17,920,886 $17,920,886 $6,759,826 $5,830,350 $17,920,886 $17,920,886Source: City of Fresno, Fresno Fire Department, and EPS.Annual Debt ServicePrepared by EPS 5/21/2019P:\182000\182126 Fresno Fire Nexus Study\Models\182126 Fire m6.xlsxA-4 DRAFTPage 2 of 2Table A-4Fresno Fire Impact Fee Program UpdateDebt Service and Financing Cost Detail Planned Fire Facilities and ApparatusItemSourceTotalBond Interest Rate5.25%Bond Term (years)30Const. Proceeds Pct.85%Estimated Inflation Factor3.00%Construction ProceedsTable A-5$168,718,375Total Bond Size$198,492,206Annual Debt ServiceFirst YearTable A-5Last YearPresent Value of Debt Service$260,342,661Less Bond Proceeds($168,718,375)Financing Costs $91,624,286Year2019$02020$02021$917,3432022$1,514,7052023$2,018,7382024$2,244,0652025$2,438,4102026$3,035,7732027$3,633,1362028$4,230,4992029$4,827,8612030$5,650,5522031$6,442,2602032$7,039,6232033$7,636,9852034$9,186,9002035$9,784,2632036$11,623,4942037$12,071,1092038$12,490,7822039$13,282,4902040$13,282,4902041$13,282,4902042$13,282,4902043$13,282,4902044$13,282,4902045$13,282,4902046$13,282,4902047$13,282,4902048$13,282,4902049$13,282,4902050$13,282,4902051$12,365,1472052$11,767,7842053$11,263,7522054$11,038,4252055$10,844,0802056$10,246,7172057$9,649,3542058$9,051,9912059$8,454,6282060$7,631,9382061$6,840,2302062$6,242,8672063$5,645,5042064$4,095,5902065$3,498,2272066$1,658,9962067$1,211,3802068$791,708TOTAL $398,474,692Source: City of Fresno, Fresno Fire Department, and EPS.Station 28Training Fac.Phase 2 Station 29 Shop Facility Station 6 Station 8 Station 15 Station 2 Station 27$7,587,891 $19,687,500 $7,587,891 $23,362,500 $5,685,750 $2,862,181 $2,468,631 $2,468,631 $7,587,891$8,926,931 $23,161,765 $8,926,931 $27,485,294 $6,689,118 $3,367,272 $2,904,272 $2,904,272 $8,926,931$597,363 $1,549,914 $597,363 $1,839,232 $447,615 $225,328 $194,345 $194,345 $597,363203320342035203620372038203820392039206220632064206520662067206720682068$11,708,576 $30,379,004 $11,708,576 $36,049,751 $8,773,456 $4,416,519 $3,809,248 $3,809,248 $11,708,576($7,587,891) ($19,687,500) ($7,587,891) ($23,362,500) ($5,685,750) ($2,862,181) ($2,468,631) ($2,468,631) ($7,587,891)$4,120,684 $10,691,504 $4,120,684 $12,687,251 $3,087,706 $1,554,338 $1,340,616 $1,340,616 $4,120,684$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$597,363$0$0$0$0$0$0$0$0$597,363 $1,549,914$0$0$0$0$0$0$0$597,363 $1,549,914 $597,363$0$0$0$0$0$0$597,363 $1,549,914 $597,363 $1,839,232$0$0$0$0$0$597,363 $1,549,914 $597,363 $1,839,232 $447,615$0$0$0$0$597,363 $1,549,914 $597,363 $1,839,232 $447,615 $225,328 $194,345$0$0$597,363 $1,549,914 $597,363 $1,839,232 $447,615 $225,328 $194,345 $194,345 $597,363$597,363 $1,549,914 $597,363 $1,839,232 $447,615 $225,328 $194,345 $194,345 $597,363$597,363 $1,549,914 $597,363 $1,839,232 $447,615 $225,328 $194,345 $194,345 $597,363$597,363 $1,549,914 $597,363 $1,839,232 $447,615 $225,328 $194,345 $194,345 $597,363$597,363 $1,549,914 $597,363 $1,839,232 $447,615 $225,328 $194,345 $194,345 $597,363$597,363 $1,549,914 $597,363 $1,839,232 $447,615 $225,328 $194,345 $194,345 $597,363$597,363 $1,549,914 $597,363 $1,839,232 $447,615 $225,328 $194,345 $194,345 $597,363$597,363 $1,549,914 $597,363 $1,839,232 $447,615 $225,328 $194,345 $194,345 $597,363$597,363 $1,549,914 $597,363 $1,839,232 $447,615 $225,328 $194,345 $194,345 $597,363$597,363 $1,549,914 $597,363 $1,839,232 $447,615 $225,328 $194,345 $194,345 $597,363$597,363 $1,549,914 $597,363 $1,839,232 $447,615 $225,328 $194,345 $194,345 $597,363$597,363 $1,549,914 $597,363 $1,839,232 $447,615 $225,328 $194,345 $194,345 $597,363$597,363 $1,549,914 $597,363 $1,839,232 $447,615 $225,328 $194,345 $194,345 $597,363$597,363 $1,549,914 $597,363 $1,839,232 $447,615 $225,328 $194,345 $194,345 $597,363$597,363 $1,549,914 $597,363 $1,839,232 $447,615 $225,328 $194,345 $194,345 $597,363$597,363 $1,549,914 $597,363 $1,839,232 $447,615 $225,328 $194,345 $194,345 $597,363$597,363 $1,549,914 $597,363 $1,839,232 $447,615 $225,328 $194,345 $194,345 $597,363$597,363 $1,549,914 $597,363 $1,839,232 $447,615 $225,328 $194,345 $194,345 $597,363$597,363 $1,549,914 $597,363 $1,839,232 $447,615 $225,328 $194,345 $194,345 $597,363$597,363 $1,549,914 $597,363 $1,839,232 $447,615 $225,328 $194,345 $194,345 $597,363$597,363 $1,549,914 $597,363 $1,839,232 $447,615 $225,328 $194,345 $194,345 $597,363$597,363 $1,549,914 $597,363 $1,839,232 $447,615 $225,328 $194,345 $194,345 $597,363$597,363 $1,549,914 $597,363 $1,839,232 $447,615 $225,328 $194,345 $194,345 $597,363$597,363 $1,549,914 $597,363 $1,839,232 $447,615 $225,328 $194,345 $194,345 $597,363$0 $1,549,914 $597,363 $1,839,232 $447,615 $225,328 $194,345 $194,345 $597,363$0$0 $597,363 $1,839,232 $447,615 $225,328 $194,345 $194,345 $597,363$0$0$0 $1,839,232 $447,615 $225,328 $194,345 $194,345 $597,363$0$0$0$0 $447,615 $225,328 $194,345 $194,345 $597,363$0$0$0$0$0 $225,328 $194,345 $194,345 $597,363$0$0$0$0$0$0$0 $194,345 $597,363$17,920,886 $46,497,428 $17,920,886 $55,176,948 $13,428,457 $6,759,826 $5,830,350 $5,830,350 $17,920,886bond detailAnnual Debt ServicePrepared by EPS 5/21/2019P:\182000\182126 Fresno Fire Nexus Study\Models\182126 Fire m6.xlsxA-5 DRAFTTable A-5Fresno Fire Impact Fee Program UpdateFuture Facilities and Apparatus SchedulePlanned FacilityLocationImprovementTypeConst.YearLandCostsSite Imp.& Parking Building SoftConstructionSubtotalTotalCostsPct. [1]Costexcl land[2]Percentage Bond Funded0% 70% 70% 70% 70%FormulaA B C D E=B+C+D F=A+EGH=G*Total HF+HStation 18 Shaw & Bryan Replacement 2021 $0 $386,400 $4,708,998 $1,273,850$6,369,248 $6,369,2480.0%$0 $3,500,000Station 10 Clinton & Armstrong Replacement 2021 $0 $315,000 $4,806,900 $1,280,475$6,402,375 $6,402,3750.0%$0 $6,402,375Training Facility – Burn Tower/Modular Bldg only Undetermined Replacement 2021 $0 $1,050,000 $4,200,000$0$5,250,000 $5,250,0000.0%$0 $5,250,000Station 22North & Chestnut New2022 $0 $315,000 $4,806,900 $1,280,475$6,402,375 $6,402,3757.4%$1,185,516 $7,587,891Station 12Marks & Acacia Replacement 2023 $0 $315,000 $4,806,900 $1,280,475$6,402,375 $6,402,3750.0%$0 $6,402,375Station 7Cherry & Jensen Expansion 2024 $0$0 $1,932,000 $483,000$2,415,000 $2,415,0002.8%$447,181 $2,862,181Station 9Clinton & Fruit Expansion 2025 $0$0 $1,666,350 $416,588$2,082,938 $2,082,9382.4%$385,694 $2,468,631Station 25McKinley & DeWolf New2026 $0 $315,000 $4,806,900 $1,280,475$6,402,375 $6,402,3757.4%$1,185,516 $7,587,891Station 31Central & Cherry New2027 $0 $315,000 $4,806,900 $1,280,475$6,402,375 $6,402,3757.4%$1,185,516 $7,587,891Station 21Belmont & Van Ness New2028 $0 $315,000 $4,806,900 $1,280,475$6,402,375 $6,402,3757.4%$1,185,516 $7,587,891Station 23Church & Fruit New2029 $0 $315,000 $4,806,900 $1,280,475$6,402,375 $6,402,3757.4%$1,185,516 $7,587,891Station 26Calif. & Temperance New2030 $0 $315,000 $4,806,900 $1,280,475$6,402,375 $6,402,3757.4%$1,185,516 $7,587,891Station 19Belmont & Marks Expansion 2030 $0$0 $1,932,000 $483,000$2,415,000 $2,415,0002.8%$447,181 $2,862,181Station 5Fresno & Shields Expansion 2031 $0$0 $1,666,350 $416,588$2,082,938 $2,082,9382.4%$385,694 $2,468,631Station 30Dakota & Brawley New2031 $0 $315,000 $4,806,900 $1,280,475$6,402,375 $6,402,3757.4%$1,185,516 $7,587,891Station 24Herndon & Brawley New2032 $0 $315,000 $4,806,900 $1,280,475$6,402,375 $6,402,3757.4%$1,185,516 $7,587,891Station 28Champlain & Friant New2033 $0 $315,000 $4,806,900 $1,280,475$6,402,375 $6,402,3757.4%$1,185,516 $7,587,891Completion of Training FacilityUndetermined Replacement 2034 $0 $315,000 $14,700,000 $4,672,500$19,687,500 $19,687,5000.0%$0 $19,687,500Station 29Barstow & Brawley New2035 $0 $315,000 $4,806,900 $1,280,475$6,402,375 $6,402,3757.4%$1,185,516 $7,587,891Shop FacilityUndetermined Replacement 2036 $0 $1,050,000 $17,640,000 $4,672,500$23,362,500 $23,362,5000.0%$0 $23,362,500Station 6Gettysburg & Rowell Replacement 2037 $0 $315,000 $4,233,600 $1,137,150$5,685,750 $5,685,7500.0%$0 $5,685,750Station 8Cedar & Butler Expansion 2038 $0$0 $1,932,000 $483,000$2,415,000 $2,415,0002.8%$447,181 $2,862,181Station 15Clovis & Park Cir Dr. Expansion 2038 $0$0 $1,666,350 $416,588$2,082,938 $2,082,9382.4%$385,694 $2,468,631Station 2West & FirExpansion 2039 $0$0 $1,666,350 $416,588$2,082,938 $2,082,9382.4%$385,694 $2,468,631Station 27Teague & Chestnut New2039 $0 $315,000 $4,806,900 $1,280,475$6,402,375 $6,402,3757.4%$1,185,516 $7,587,891Total$0 $7,211,400 $120,433,698 $31,517,525 $159,162,623 $159,162,623 100.0% $15,925,000 $172,218,375Total New and Expansion Stations$0 $3,465,000 $65,337,300 $17,200,575 $86,002,875 $86,002,875 100.0%schedSource: City of Fresno, Fresno Fire Department, and EPS.[1] Percentage of "Total New and Expansion Stations" cost.[2] The Station 18 amount is the amount to be funded by a loan from the City. The remainder of the Station 18 cost is advance funded by the developer.Apparatus CostConstruction CostsTotal Bond/LoanFunded CostPrepared by EPS 5/21/2019P:\182000\182126 Fresno Fire Nexus Study\Models\182126 Fire m6.xlsxA-6 FFresno F Table B-1 Table B-2 Table B-3 A ire Depa Distribu Detailed Estimat APPENDIX artment S ution of Fire d Fire Call A ted Allocatio X B: Service C Call Activity ctivity, 2001 n of Uncateg Call Activ y ................ 1–2014 ....... gorized Fire vity .................. .................. Call Activity ........ B-1 ........ B-2 ....... B-3 DRAFT Table B-1 Fresno Fire Impact Fee Program Update Distribution of Fire Call Activity (2010-2014 Average) Code [1] Type of Call Resid. Nonresid. Resid. Nonresid. [2] Fire Calls r Residential 6,239 100.0% 0.0% 6,239 0 nr Industrial, Utility, Defense, Agriculture, Mining 67 0.0% 100.0%067 nr Manufacturing, Processing 116 0.0% 100.0% 0 116 nr Mercantile, Business 1,175 0.0% 100.0% 0 1,175 nr Health Care, Detention, Correction 588 0.0% 100.0% 0 588 sh Assembly 520 92.1% 7.9% 479 41 sh Educational 484 92.1% 7.9% 446 38 sh Property Type Not Specified 4,654 92.1% 7.9% 4,287 367 sh Storage 299 92.1% 7.9% 276 24 SUBTOTAL 14,142 11,727 2,416 Medical Aid/Rescue r Residential 13,552 100.0% 0.0% 13,552 0 nr Industrial, Utility, Defense, Agriculture, Mining 17 0.0% 100.0%017 nr Manufacturing, Processing 29 0.0% 100.0% 0 29 nr Mercantile, Business 662 0.0% 100.0% 0 662 nr Health Care, Detention, Correction 667 0.0% 100.0% 0 667 sh Assembly 498 92.1% 7.9% 459 39 sh Educational 217 92.1% 7.9% 200 17 sh Property Type Not Specified 3,968 92.1% 7.9% 3,655 313 sh Storage 63 92.1% 7.9% 58 5 SUBTOTAL 19,674 17,924 1,750 Grand Total 33,817 29,651 4,166 Share of Total 87.7% 12.3% call dist Source: Fresno Fire Department [1] Categorization by EPS. Code as follows: r = Directly Assigned to Residential nr = Directly Assigned to Nonresidential sh = Shared Assignment based on Potential Service. See Table B-3 for percentage split between residential and nonresidential. [2] See Table B-2. [3] See Table B-3 for pct. allocation of uncategorized calls. Percentage of Calls [3]Total Est. Annual Calls Estimated Annual Calls Prepared by EPS 5/21/2019 P:\182000\182126 Fresno Fire Nexus Study\Models\182126 Fire m6.xlsx B-1 DRAFTTable B-2Fresno Fire Impact Fee Program UpdateDetailed Fire Call Activity, 2001-20142010-2014Code [1] Type of Call2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014AverageFire Callsr Residential 7,095 6,889 5,938 3,213 3,776 4,183 4,870 4,72248764887 5599 6534 6883 7293 6,239nr Industrial, Utility, Defense, Agriculture, Mining 119 109 103 63 77 70 130 1039057 69 67 73 68 67nr Manufacturing, Processing 151 132 130 127 93 137 199 17186123 121 113 114 111 116nr Mercantile, Business 1,275 1,412 1,322 924 1,133 1,246 1,264 1,00610511070 1219 1271 1140 1174 1,175nr Health Care, Detention, Correction 626 639 636 441 475 558 716 785803504 541 640 624 631 588sh Assembly 356 394 391 237 394 364 467 388414473 529 566 527 504 520sh Educational 396 457 437 416 497 514 589 543483494 483 505 462 475 484sh Property Type Not Specified 5,137 4,501 4,123 3,852 3,283 3,402 3,616 3,47433723519 4002 4771 5299 5680 4,654sh Storage 193 164 191 167 231 259 217 170200221 238 231 361 446 299SUBTOTAL15,348 14,697 13,271 9,440 9,959 10,733 12,068 11,362 11,375 11,348 12,801 14,698 15,483 16,382 14,142Medical Aid/Rescuer Residential 7,757 8,836 10,451 14,005 14,921 12,952 15,145 13,2091901013285 13821 13092 13528 14035 13,552nr Industrial, Utility, Defense, Agriculture, Mining 3 12 7 16 17 14 28 353518 17 17 24 11 17nr Manufacturing, Processing 35 28 34 51 46 28 45 443138 26 24 28 29 29nr Mercantile, Business 579 615 715 756 919 764 750 7351008660 730 660 625 637 662nr Health Care, Detention, Correction 597 630 821 929 1,228 972 1,987 1,7302402741 669 594 610 722 667sh Assembly 260 269 291 292 501 393 475 442636483 533 476 475 524 498sh Educational 141 118 172 206 233 203 265 259327211 232 219 196 225 217sh Property Type Not Specified 2,221 2,305 2,290 3,639 4,029 3,784 4,568 3,68348724034 4346 3781 3733 3945 3,968sh Storage 12 15 12 16 45 49 78 1206576 73 65 59 44 63SUBTOTAL11,605 12,828 14,793 19,910 21,939 19,159 23,341 20,257 28,386 19,546 20,447 18,928 19,278 20,172 19,674Grand Total26,953 27,525 28,064 29,350 31,898 29,892 35,409 31,619 39,761 30,894 33,248 33,626 34,761 36,554 33,817call_detailSource: Fresno Fire Department[1] Categorization by EPS. Code as follows:r = Directly Assigned to Residentialnr = Directly Assigned to Nonresidentialsh = Shared Assignment based on Potential ServicePrepared by EPS 5/21/2019P:\182000\182126 Fresno Fire Nexus Study\Models\182126 Fire m6.xlsxB-2 DRAFT Table B-3 Fresno Fire Impact Fee Program Update Estimated Allocation of Uncategorized Fire Call Activity Item Formula Population Employees Total 2014 Fire Service Population A 555,609 177,590 733,199 Percentage of Total 75.8% 24.2% 100.0% Potential Service (Hours per Week) [1]B 168 45 Equivalent Factor [2]C = B / 168 100.0% 26.8% Equivalent Persons Served D = A x C 555,609 47,569 603,178 Assignment of Uncategorized Calls E = D / Total D 92.1% 7.9% 100.0% call_allocation Source: City of Fresno and EPS [1] Maximum hours at home/work. Resid. hours = 7 days/week *24 hrs/day. Nonres. hours= 5 days/week*9 hrs/day. [2] Relates each employee to resident based on potential service hours. Prepared by EPS 5/21/2019 P:\182000\182126 Fresno Fire Nexus Study\Models\182126 Fire m6.xlsx B-3 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID19-1834 Agenda Date:6/20/2019 Agenda #: REPORT TO THE CITY COUNCIL June 20, 2019 FROM:JENNIFER K. CLARK, AICP, Director Development and Resource Management Department THROUGH:DANIEL ZACK, AICP, Assistant Director Development and Resource Management Department BY:LAURA GROVES van ONNA Historic Preservation Specialist Development and Resource Management Department SUBJECT HEARING to consider adoption of resolutions related to the designation of properties to the Local Register of Historic Resources 1.***RESOLUTION - Designating the George Riddell Miller Home located at 617 E Carmen Avenue, Fresno, California to the Local Register of Historic Resources (Council District 1) (Subject to Mayor’s veto) 2.***RESOLUTION - Designating the Bixler Vapor Dry Cleaning Company Building located at 2049 Broadway, Fresno, California to the Local Register of Historic Resources (Council District 3) (Subject to Mayor’s veto) RECOMMENDATION The Historic Preservation Commission recommends that the City Council adopt the attached Resolutions designating the George Riddell Miller Home located at 617 E Carmen Avenue and the Bixler Vapor Dry Cleaning Company Building located at 2049 Broadway to the Local Register of Historic Resources pursuant to Fresno Municipal Code 12-1607 and 12-1609. EXECUTIVE SUMMARY The owners of the George Riddell Miller Home and the Bixler Vapor Dry Cleaning Company Building have requested in writing that their properties be considered for listing in Fresno’s Local Register of Historic Resources.The residences were evaluated with respect to the historic resource criteria of the City of Fresno’s Historic Preservation Ordinance,Article 16 of Chapter 12 of the Fresno Municipal Code,and were publicly noticed in the Fresno Bee as required by the Ordinance.The Historic Preservation Commission held a noticed public hearing on May 2,2019 and concluded that the properties were eligible for listing on the Local Register of Historic Resources.The Commission City of Fresno Printed on 3/17/2023Page 1 of 4 powered by Legistar™ File #:ID19-1834 Agenda Date:6/20/2019 Agenda #: properties were eligible for listing on the Local Register of Historic Resources.The Commission hereby forwards the nominations to the City Council for consideration. BACKGROUND The George Riddell Miller Home (1919) consists of a one-story single-family residence with attached carport and a detached one-car garage, constructed in the Craftsman architectural style, within the 6-block area of Wilson’s North Fresno Tract known locally as the “Wilson Island.” The period of significance identified for this property is 1919-1953, the period during which George Riddell Miller and his wife Elsie Gertrude Miller lived in the home. The George Riddell Miller Home is a contributor to the Wilson Island Historic District. The Resolution designating the Wilson Island Historic District to the Local Register of Historic Resources as a Local Historic District was adopted by Fresno City Council on October 29, 2009 pursuant to FMC 12-1607 (b) under Criteria i, ii, iii and iv. The “Wilson Island” is located within Fresno’s Tower District and encompasses 80 properties which are within the larger Wilson’s North Fresno Tract, a subdivision first developed in 1908 by Rosanna C. Wilson and her son A. Polette Wilson. It is one of the most architecturally distinct neighborhoods in Fresno, with a mix representing the major styles prevalent during the period of 1910-1954. Several of the homes in this 6-block neighborhood were designed by prominent local and regional architects (and/or building firms). From an earlier era when people lived in more socially mixed neighborhoods, the Wilson Island represents a move to a new “suburbia,” based to some extent on social standing and education. The George Riddell Miller Home is eligible for listing in the City of Fresno’s Local Register of Historic Resources. The property is greater than 50 years of age and possesses integrity of location, setting, design, materials, workmanship, feeling, and association (FMC 12-1607). Additionally, it is significant under Local Register Criterion i because it is associated with Fresno’s early expansion northward within the “Wilson Island” of Wilson’s North Fresno Tract in the Tower District and Criterion iii because it embodies distinctive characteristics of the Craftsman architectural style and represents the work of a master local builder, E.J. Farr. The Bixler Vapor Dry Cleaning Company Building (1920) consists of a three-story commercial/industrial building, constructed of brick, in the Lowell Neighborhood. A one-story caretaker’s studio was constructed within the rear portion of the rooftop of the building in 1940. The period of significance identified for this property is 1920-1956, the estimated period during which the Bixler Vapor Dry Cleaning Company owned and operated the building. The subject property located at 2049 Broadway was previously evaluated in 2008 through the “North Park Area Historic Context and Property Survey” prepared by Galvin Preservation Associates Inc. for the City of Fresno. The property did not appear to be eligible for National, California, or Local Register listing through this survey evaluation. Upon further research, the Bixler Vapor Drying Cleaning Company Building is eligible for listing in the City of Fresno’s Local Register of Historic Resources. The property is greater than 50 years of age and possesses integrity of location, design, feeling, and association (FMC 12-1607). Additionally, it is significant under Local Register Criterion i because it is associated with early 20th century commercial and industrial development in the Lowell Neighborhood in Fresno and Criterion iii because it has distinction as an Industrial - Industrial Loft property type. City of Fresno Printed on 3/17/2023Page 2 of 4 powered by Legistar™ File #:ID19-1834 Agenda Date:6/20/2019 Agenda #: Local Register Criteria and Protocols: The City’s Historic Preservation Ordinance is found at Article 16 of Chapter 12 of the Fresno Municipal Code.Section 1607 outlines the criteria for designation of a resource to the Local Register of Historic Resources.A “historic resource”is “any building,structure,object or site”which is generally more than fifty years of age and “possesses integrity of location,design,setting,materials, workmanship, feeling and association, and: (i)Is associated with events that have made a significant contribution to the broad patterns of our history; or (ii)Is associated with the lives of persons significant in our past; or (iii)Embodies the distinctive characteristics of a type, period or method of construction, or represents the work of a master, or possesses high artistic values; or (iv)Has yielded or may be likely to yield, information in prehistory or history. The City’s criteria for assessing significance are patterned after the National Register of Historic Places (1966 as amended)which uses letters A-D for significance.Fresno’s Local Register is also similar,although not equivalent,to the California Register of Historical Resources which uses a numbering system of 1-4 for criteria.Although the concept of “integrity”is not specifically defined in the City’s Ordinance,it is implicitly understood to follow the National Register which defines “integrity” as “the ability of a property to convey its significance.”“To retain integrity a property will always possess several and usually most,of the aspects.”(“How to Apply the National Register Criteria for Evaluation” 1988:44). The process for designating a historic resource is outlined in FMC 12-1609.In brief,a request to designate a resource to the Local Register may be made by the Council,the Commission,the Secretary to the Commission,the property owner,or an authorized representative of the owner (12- 1609(a)).Applications for listing use the state protocol for survey forms with both a DPR 523A (Primary)as well as a DPR 523B (Building,Structure,Object Form)(12-1609(a)(1-9)).A notice must be published in a local newspaper at least ten days prior to the hearing and sent to the property owner as well.Commissioners must also physically visit the property prior to the Commission hearing (12-1609(c)(1)). ENVIRONMENTAL FINDINGS The designation of historic properties is not a “project”for the purposes of the California Environmental Quality Act (CEQA)as it will not result in a direct or indirect change in the environment. LOCAL PREFERENCE Local preference was not considered because this agenda item does not include a bid or award of a construction services contract. FISCAL IMPACT There is no additional impact beyond the expenditure of staff time, which is currently budgeted in the City of Fresno Printed on 3/17/2023Page 3 of 4 powered by Legistar™ File #:ID19-1834 Agenda Date:6/20/2019 Agenda #: FY19 Adopted Budget. Attachments: 1.Designation Criteria for the Local Register of Historic Resources (FMC 12-1607). 2.Department of Parks and Recreation Forms/George Riddell Miller Home/617 E Carmen Avenue, Fresno. 3.City Council Resolution of George Riddell Miller Home/617 E Carmen Ave 4.Department of Parks and Recreation Forms/Bixler Building/2049 Broadway Avenue, Fresno 5.City Council Resolution of Bixler Building/2049 Broadway Ave City of Fresno Printed on 3/17/2023Page 4 of 4 powered by Legistar™ Page 1 of 8 *Resource Name or #: (Assigned by recorder) The George Riddell Miller Home P1. Other Identifier: ____ DPR 523A (9/2013) *Required information State of California The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # PRIMARY RECORD Trinomial NRHP Status Code Other Listings Review Code Reviewer Date *P2. Location: Not for Publication Unrestricted *a. County Fresno and (P2c, P2e, and P2b or P2d. Attach a Location Map as necessary.) *b. USGS 7.5' Quad Fresno North, CA Date T ; R ; of of Sec ; B.M. c. Address 617 E Carmen Avenue City Fresno Zip 93728 d. UTM: (Give more than one for large and/or linear resources) Zone , mE/ mN e. Other Locational Data: (e.g., parcel #, directions to resource, elevation, decimal degrees, etc., as appropriate) APN 451-041-11 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) The property located at 617 E Carmen Avenue, the George Riddell Miller Home, is located within a rectangular parcel on the north side of E Carmen Avenue near the intersection of N Echo and E Carmen avenues. The subject property consists of a one-story single-family residence with attached carport and a detached one-car garage. The residence takes up about one-half of its parcel, centered within the parcel, with its primary elevation facing south towards E Carmen Avenue; it sits slightly above street level and gradually slopes down toward the street. This single-family residence was constructed in 1919 of stucco over wood frame in the Craftsman architectural style. It has rectangular plan. The main roof consists of multiple gables but is primarily side gabled with a centrally placed pop-up gable that has a large vertically-oriented vent. (See Continuation Sheet) *P3b. Resource Attributes: (List attributes and codes) HP2 Single family property *P4. Resources Present: Building Structure Object Site District Element of District Other (Isolates, etc.) P5b. Description of Photo: (view, date, accession #) September 11, 2018 *P6. Date Constructed/Age and Source: Historic Prehistoric Both 1919; Building permit #4966 issued 06/24/1919 *P7. Owner and Address: Jeanette A. Borba 617 E Carmen Avenue Fresno, CA 93728 *P8. Recorded by: (Name, affiliation, and address) Laura Groves van Onna Historic Preservation Specialist City of Fresno *P9. Date Recorded: May 7, 2019 *P10. Survey Type: (Describe) Intensive *P11. Report Citation: (Cite survey report and other sources, or enter "none.") Evaluation of 617 E Carmen Avenue for the City of Fresno Local Register of Historic Resources *Attachments: NONE Location Map Continuation Sheet Building, Structure, and Object Record Archaeological Record District Record Linear Feature Record Milling Station Record Rock Art Record Artifact Record Photograph Record Other (List): P5a. Photograph or Drawing (Photograph required for buildings, structures, and objects.) *Resource Name or # (Assigned by recorder) The George Riddell Miller Home *NRHP Status Code 5S3/5D1 Page 2 of 8 DPR 523B (9/2013) *Required information State of California The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD (This space reserved for official comments.) (Sketch Map with north arrow required.) B1. Historic Name: The George Riddell Miller Home B2. Common Name: The George Riddell Miller Home B3. Original Use: Single-family residence B4. Present Use: Single-family residence *B5. Architectural Style: Craftsman *B6. Construction History: (Construction date, alterations, and date of alterations) According to the original building permit record, the one-story residence and detached one-car garage were constructed in 1919. *B7. Moved? No Yes Unknown Date: Original Location: *B8. Related Features: B9a. Architect: Unknown b. Builder: E.J. Farr *B10. Significance: Theme Fresno’s Expansion Northward Area Wilson’s North Fresno Tract Period of Significance 1919-1953 Property Type Single-family residence Applicable Criteria Local Register Criteria i and iii (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity.) The George Riddell Miller Home is located on lot 5, Block 12 in Wilson’s North Fresno Tract, which was surveyed and platted in 1908. Wilson’s North Fresno Tract is one of several within the Tower District. According to the original building permit record, this residence was constructed in 1919. It was among the first one-third of residences constructed in the 6-block area of Wilson’s North Fresno Tract known locally as the “Wilson Island.” The increase in streetcar access with the extension of the Forthcamp Line northward on N Wishon Avenue in 1908 in addition to the relocation of Fresno State Normal School in 1913 (later known as Fresno State University and now as Fresno City College) to the northeast corner of N Van Ness and E McKinley avenues, were instrumental in opening this area to new residential use. (See Continuation Sheet) B11. Additional Resource Attributes: (List attributes and codes) *B12. References: Building Permit Records City and County Directories District Record for Wilson Island Historic District Prepared August 6, 2009 by Karana Hattersley-Drayton The Fresno Bee Fresno County Assessor Fresno County Recorder Karana Hattersley-Drayton and Jeannine Raymond, “Historic Property Survey Report and Local Historic District Nomination for The Wilson Island, Fresno, California,” 2009 Sanborn Fire Insurance Maps U.S. Census Records U.S. Department of Labor Records Virginia McAlester, A Field Guide to American Houses, 2014 B13. Remarks: *B14. Evaluator: Laura Groves van Onna Historic Preservation Specialist, City of Fresno *Date of Evaluation: May 7, 2019 age of *Resource Name or # (Assigned by recorder) *Recorded by: *Date Continuation Update DPR 523L (Rev. 1/1995)(Word 9/2013) State of California Natural Resources Agency Primary# DEPARTMENT OF PARKS AND RECREATION HRI # Trinomial CONTINUATION SHEET Property Name: _The George Riddell Miller Home_______________________________________________________________ Page __3__ of __8___ *P3a. Description Continued: The roof has open, overhanging eaves with exposed rafter tails as well as simple brackets and a vertically-oriented vent beneath each gable, and it is clad in asphalt composition shingles. The exterior is clad in stucco. Original metal light fixtures remain within the front porch and side yard patio. All door and window openings are original and wood-framed, except for those on the east end of the rear (north) elevation. Original door openings include the main entry and side entry. The original windows are all wood windows, each with multiple divided lights over a single light. Most of these windows operate as single-hung; however, there are pocket windows along the side (west) elevation that have the ability to slide down into the wall, creating a completely clear opening. There is also a horizontally-oriented, wood- framed screened opening topped by an angled awning supported by curved brackets centrally located on the rear (north) elevation, aligning with the roofline; it is located just below the ceiling on the interior, where it is operable for ventilation with a hopper opening. The primary (south) elevation of the property consists of the façade of the residence framed by the carport to the west and the arbor with picket fencing to the east. The fa çade of the residence consists of the main entry on the west end and two sets of wood windows equally spaced within the central and eastern portion. The main entry is sheltered by a recessed porch open on the west end of the primary façade and on the south end of the side (west) façade. The porch is elevated on a concrete platform topped by brick pavers, is supported by a large square column on the southwest corner of the residence, and is accessed by steps both from the south by an original concrete path with steps and railing leading from the sidewalk as well as from the west by a concrete driveway topped by a wood -framed carport – which aligns with the setback of the residence. The main entry faces west and consists of an original wood door, topped by four vertically-oriented lights and covered by a screen door. Each set of windows on the primary elevation consists of a group of three windows; within each group, the central window has twelve divided lights over a single light, and the side windows each have nine divided lights over a single light. The arbor with picket fencing on the east end of the primary elevation also aligns with the setback of the residence and is accessed by a narrow original concrete path with steps leading from the side walk. It leads to the partially visible side yard and back yard. On the south end of the side (east) elevation, there is a side yard patio topped by an attached trellis. Like the front porch, it is elevated on a concrete platform topped by brick pavers and accessed by brick steps. The side entry is accessed through the side yard porch and consists of a set of narrow French doors covered by a wide screen door and flanked by single- hung windows. The chimney is located within the side yard patio, between two single -hung windows and south of the side entry; it is also clad in stucco. The detached single-car garage located within the rear northwest corner of the property was constructed in 1919 with the main residence of wood frame, and it is clad in shingles. It is currently utilized as a storage shed. It has a front gabled roof, with simple brackets and open, overhanging eaves with exposed rafter tails, has barn doors, and is accessed by the concrete driveway along the west property line. The garage is not visible from the public right-of-way due to side yard fencing consisting of vertical wood panels topped by latticework, which aligns with the rear setback of the carport. age of *Resource Name or # (Assigned by recorder) *Recorded by: *Date Continuation Update DPR 523L (Rev. 1/1995)(Word 9/2013) State of California Natural Resources Agency Primary# DEPARTMENT OF PARKS AND RECREATION HRI # Trinomial CONTINUATION SHEET Property Name: _The George Riddell Miller Home_______________________________________________________________ Page __4__ of __8___ *P3a. Description Continued: Front landscaping includes lawn with small mature trees and plantings immediately surrounding the residence and railing for the steps leading from the sidewalk, as well as three equally spaced large mature trees along the sidewalk. Rear landscaping includes lawn as well as brick-paved pathways surrounded by mature plantings. Extant original interior features include wood flooring, a terra cotta -tiled fireplace, built-in wood cabinets with multiple divided lights, metal floor venting, and metal light fixtures with frosted glass. *B10. Significance Continued: The subject property is a contributor to the Wilson Island Historic District, which was designated to the Local Register of Historic Resources on October 29, 2009. The Wilson Island Historic District encompasses 80 properties, 78 of which are contributors, within a 6-block area bounded by N Echo Avenue to the west, E Carmen Avenue to the north, E Floradora Avenue to the south, and the back side of the commercial lots along N Wishon Avenue to the east. The “Wilson Island” is one of Fresno’s most architecturally distinct neighborhoods, with homes constructed from 1910-1984, but primarily representative of architectural styles prevalent from 1910-1954. Additionally, this neighborhood was settled by many of Fresno’s influential families with important ties to banking, education, architecture, and commerce. Within the District Record for Wilson Island, the George Riddell Miller Home is recognized as a “distinctive one-story Craftsman cottage.” George Riddell Miller and his wife Elsie Gertrude Miller lived in the home from 1919-1953. James and Edith Herring are also noted as long-term residents, having lived in the home for 34 years. The home has not yet been evaluated for individual listing to the Local Register of Historic Resources. According to his naturalization paperwork for the U.S. Department of Labor and 1920 U.S. Census Records, George Riddell Miller was born on November 25, 1875 in Crieff, Scotland to Scottish parents. His last foreign residence prior to arriving in the U.S. was Glasgow, Scotland. He arrived at the port of New York City on or about June 15, 1904, married, and was living with his wife Elsie Gertrude Miller at 617 E Carmen Avenue in Fresno California by 1920. Elsie was bo rn c. 1891 in Robinson, Illinois to a father from Ohio and a mother from Pennsylvania. Miller’s occupation is referred to as a secretary in the vineyard industry and also as an accountant. The building permit record for this property identified E.J. Farr as the contractor for 617 E Carmen Avenue; an architect has yet to be identified. Elmer Jewett Farr was born in 1862 in New York City and arrived in Fresno, California in 1897. He was an acclaimed building contractor and resident of Fresno for forty-three years before passing away in 1940. He is known for having constructed several homes in Fresno, particularly along Van Ness Avenue, for leading building operations for the Fresno City Schools for several years, and for serving as the first president of the Fresno Contractors Association – which later became known as the Fresno Builders Exchange. His residence located at 245 N Fulton Street in the Lowell Neighborhood is individually listed in the Local Register of Historic Resources as Historic Property #139. It was constructed in 1907 as an American Foursquare property type with elements of the Craftsman architectural style. He lived here with his wife Carrie Louise Farr as well as their daught er Vida and son Forest. Once the family sold the home and at the time it was listed on April 8, 1980, it functioned as the Garden House Tea Room. age of *Resource Name or # (Assigned by recorder) *Recorded by: *Date Continuation Update DPR 523L (Rev. 1/1995)(Word 9/2013) State of California Natural Resources Agency Primary# DEPARTMENT OF PARKS AND RECREATION HRI # Trinomial CONTINUATION SHEET Property Name: _The George Riddell Miller Home____________________________________________________________ Page __5__ of __8___ *B10. Significance Continued: The George Riddell Miller Home was constructed in the Craftsman architectural style. The Craftsman style originated in southern California, primarily inspired by brothers Charles Sumner Greene and Henry Mather Greene who practiced together in Pasadena from 1893 -1914. It was the predominant style for smaller homes constructed throughout the U.S. from 1905 through the early 1920s. Character-defining features include a low-pitched, gabled roof that has open, overhanging eaves with exposed rafter tails; porches, either full- or partial-width, with a roof supported by square columns that frequently extend to ground level; and one or one and one-half stories in height. Eligibility The George Riddell Miller Home located at 617 E Carmen Avenue is eligible for listing in the City of Fresno’s Local Register of Historic Resources. The property is greater than 50 years of age and possesses integrity of location, setting, design, materials, workmanship, feeling, and association (FMC 12-1607). Additionally, it is significant under Local Register Criterion i because it is associated with Fresno’s early expansion northward within the “Wilson Island” of Wilson’s North Fresno Tract in the Tower District and Criterion iii because it embodies the distinctive characteristics of the Craftsman architectural style and represents the work of a local master builder, E.J. Farr. age of *Resource Name or # (Assigned by recorder) *Recorded by: *Date Continuation Update DPR 523L (Rev. 1/1995)(Word 9/2013) State of California Natural Resources Agency Primary# DEPARTMENT OF PARKS AND RECREATION HRI # Trinomial CONTINUATION SHEET Property Name: _The George Riddell Miller Home____________________________________________________________ Page __6__ of __8___ age of *Resource Name or # (Assigned by recorder) *Recorded by: *Date Continuation Update DPR 523L (Rev. 1/1995)(Word 9/2013) State of California Natural Resources Agency Primary# DEPARTMENT OF PARKS AND RECREATION HRI # Trinomial CONTINUATION SHEET Property Name: _The George Riddell Miller Home____________________________________________________________ Page __7__ of __8___ age of *Resource Name or # (Assigned by recorder) *Recorded by: *Date Continuation Update DPR 523L (Rev. 1/1995)(Word 9/2013) State of California Natural Resources Agency Primary# DEPARTMENT OF PARKS AND RECREATION HRI # Trinomial CONTINUATION SHEET Property Name: _The George Riddell Miller Home_______________________________________________________________ Page __8__ of __8___ Page 1 of 8 *Resource Name or #: (Assigned by recorder) The Bixler Vapor Dry Cleaning Company Building P1. Other Identifier: ____ DPR 523A (9/2013) *Required information State of California The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # PRIMARY RECORD Trinomial NRHP Status Code Other Listings Review Code Reviewer Date *P2. Location: Not for Publication Unrestricted *a. County Fresno and (P2c, P2e, and P2b or P2d. Attach a Location Map as necessary.) *b. USGS 7.5' Quad Fresno South, CA Date T ; R ; of of Sec ; B.M. c. Address 2049 Broadway City Fresno Zip 93721 d. UTM: (Give more than one for large and/or linear resources) Zone , mE/ mN e. Other Locational Data: (e.g., parcel #, directions to resource, elevation, decimal degrees, etc., as appropriate) APN 459-296-03 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) The property located at 2049 Broadway, originally known as the Bixler Vapor Dry Cleaning Company Building, is located within a trapezoidal parcel on the southwest corner of Broadway and E Voorman Avenue. The subject property consists of a three-story commercial/industrial building, which takes up the whole of its parcel, with its primary elevation facing east towards Broadway; it sits at street level. This building was constructed in 1920 of brick. The brick is clad with stucco. It has a trapezoidal plan. The roof is flat with a surrounding parapet. Original multi-paned steel windows remain on the third story of the primary (east) elevation and on the second and third stories of the side (north) elevation. The remaining windows are non-original and consist of large metal-framed fixed windows or small metal sliding and single-hung windows. (See Continuation Sheet) *P3b. Resource Attributes: (List attributes and codes) HP6 1-3 story commercial building; HP8 Industrial building *P4. Resources Present: Building Structure Object Site District Element of District Other (Isolates, etc.) P5b. Description of Photo: (view, date, accession #) March 20, 2019 *P6. Date Constructed/Age and Source: Historic Prehistoric Both 1920, Original Building Permit Record *P7. Owner and Address: Steven Michael & Kelly R. Hardison P.O. Box 11503 Fresno, CA 93773 *P8. Recorded by: (Name, affiliation, and address) Laura Groves van Onna Historic Preservation Specialist City of Fresno *P9. Date Recorded: May 7, 2019 *P10. Survey Type: (Describe) Intensive *P11. Report Citation: (Cite survey report and other sources, or enter "none.") Evaluation of 2049 Broadway for the City of Fresno Local Register of Historic Resources ____ *Attachments: NONE Location Map Continuation Sheet Building, Structure, and Object Record Archaeological Record District Record Linear Feature Record Milling Station Record Rock Art Record Artifact Record Photograph Record Other (List): P5a. Photograph or Drawing (Photograph required for buildings, structures, and objects.) *Resource Name or # (Assigned by recorder) The Bixler Vapor Dry Cleaning Company Building *NRHP Status Code 5S3 Page 2 of 8 DPR 523B (9/2013) *Required information State of California The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD (This space reserved for official comments.) (Sketch Map with north arrow required.) B1. Historic Name: The Bixler Vapor Dry Cleaning Company B2. Common Name: B3. Original Use: Commercial/Industrial B4. Present Use: Commercial/Industrial/Residential *B5. Architectural Style: None *B6. Construction History: (Construction date, alterations, and date of alterations) According to the original building permit record, this industrial building was constructed in 1920. A one-story caretaker’s studio was constructed within the rear portion of the rooftop of the building in 1940. *B7. Moved? No Yes Unknown Date: Original Location: *B8. Related Features: B9a. Architect: Unknown b. Builder: Unknown *B10. Significance: Theme Early 20th Century Commercial and Industrial Development Area Lowell Neighborhood Period of Significance 1920-1956 Property Type Industrial – Industrial Loft Applicable Criteria Local Register Criteria i and iii (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity.) The Bixler Vapor Dry Cleaning Company Building is located on Block 2 in the Central Addition, which was surveyed and platted in 1887. It is located in what is now known as the Lowell Neighborhood. According to the original building permit record, this commercial/industrial building was constructed in 1920. A one-story caretaker’s studio was constructed within the rear portion of the rooftop of the building in 1940. The subject property was originally constructed for the Bixler Vapor Dry Cleaning Company, founded by W.L. Bixler and his son L.B. Bixler in 1914. William Lincoln Bixler was born on February 23, 1865 in Pennsylvania, married, and arrived in California in 1893. His wife Grace H. Bixler was born c. 1875 in Ohio, where their son L.B. was born as well c. 1889. W.L. passed away at the age of 68 on April 11, 1933. At the time of his death, L.B. was serving as president of the Fresno Cleaners’ and Dyers’ Association and continued to manage the business they had established. He continued to advertise for the business which operated until at least 1956, marketing to Fresno residents as well as those of communities such as Del Ray, Parlier, and Reedley. (See Continuation Sheet) B11. Additional Resource Attributes: (List attributes and codes) *B12. References: Building Permit Records City and County Directories The Fresno Bee Fresno County Assessor Fresno County Recorder Sanborn Fire Insurance Maps Survey Forms for 2049 Broadway Prepared February 2008 by Andrea Galvin & Jennifer Krintz SurveyLA, “Industrial Development, 1850-1980,” 2011, rev. 2018 U.S. Census Records B13. Remarks: *B14. Evaluator: Laura Groves van Onna Historic Preservation Specialist, City of Fresno *Date of Evaluation: May 7, 2019 age of *Resource Name or # (Assigned by recorder) *Recorded by: *Date Continuation Update DPR 523L (Rev. 1/1995)(Word 9/2013) State of California Natural Resources Agency Primary# DEPARTMENT OF PARKS AND RECREATION HRI # Trinomial CONTINUATION SHEET Property Name: _The Bixler Vapor Dry Cleaning Company Building_________________________________________________ Page __3__ of __8___ *P3a. Description Continued: The primary (east) elevation is organized symmetrically. The fa çade has three bays divided by pilasters, with a storefront entry on the first story for each bay. The pilasters are clad with ceramic tile along the first story. The storefronts are enclosed and obscured by stucco, wood paneling, and metal security bars; each storefront entry is covered by a me tal security door. The second and third stories within the central bay each consist of two sets of paired windows. The second and third stories within each side bay consist of a group of three windows. The rear portion of the third floor has a sheltered, but open-air patio; it is partially covered by a wood- framed awning. A one-story caretaker’s studio was constructed within the rear portion of the rooftop of the building in 1940. It was constructed of wood frame, is clad with vertical wood paneling, has a low-pitched roof, and consists of large fixed windows along its facades. A sliding glass door centrally located along its north façade provides access to the roof. A portion of the third floor is open to this rooftop addition, thereby creating a double-height ceiling for natural light to filter down. In addition to the windows along the elevations of the building, another source of natural light is a pitched, steel -framed skylight with chicken wire glass. Apparent alterations include replacement windows, painted and stuccoed brick, and a small rooftop addition. *B10. Significance Continued: Following a period of vacancy, the building located at 2049 Broadway was adaptively reused for the Broadway Fair Appliance and Furniture Company by 1969. John Garofoli and Vic Antonino, the owners of the company leased the space at 2049 Broadway from property owner Ewell Peden. Peden was a licensed general building contractor in Fresno, primarily for residential properties; by 1970, he had placed himself in the running for political office in the 32nd Assembly District but ultimately withdrew. Photos of Garofoli and Antonino were frequently featured in a plethora of advertisements promoting Broadway Fair, in addition to a rendering of the building located at 2049 Broadway with its recognizable three-story, three-bay facade. City and county directories reveal that Roy Maxwell (Max) and Vivian Hardison were operating their printing and publishing business, Mid-Cal Publishers, at 2049 Broadway no later than 1979. That same year, Hardison applied for a change of occupancy at the building from Commercial to R -3 (Residential). The Hardison family began living on the third floor of the building and operating their business out of the storefront on north end of the primary (east) elevation on the first floor. Mid-Cal Publishers was periodically noted for their reprinting of historically significant works that had gone out of print such as the 1891 Atlas of Fresno County, the Historical Atlas Map of Sonoma County, “Pioneer Days in Cali fornia” by John Carr, and “The Years Between” by Brooks D. Gist. Steve Hardison, son of Max and Vivian Hardison, currently operates the printing and publishing business. Prior to taking over the family business, he was a National Pole Vault Champion in the early to mid-1970s and qualified for the 1976 U.S.A. Olympic Trials. Most of the commercial development within the Lowell Neighborhood is located along or adjacent to E Divisadero Street. And, most of these properties were constructed between 1930 and 1960 – making the subject property, constructed in 1920, one of the earliest commercial buildings constructed in what was and still remains a predominantly residential neighborhood. The Bixler Vapor Dry Cleaning Company Building located at 2049 Broadway provided a service to this surrounding neighborhood, city, and region – offering pick-up and delivery as well. The building consisted of commercial and industrial uses, as it facilitated interaction with customers and cleaning operations. age of *Resource Name or # (Assigned by recorder) *Recorded by: *Date Continuation Update DPR 523L (Rev. 1/1995)(Word 9/2013) State of California Natural Resources Agency Primary# DEPARTMENT OF PARKS AND RECREATION HRI # Trinomial CONTINUATION SHEET Property Name: _The Bixler Vapor Dry Cleaning Company Building__________________________________________________ Page __4__ of __8___ *B10. Significance Continued: Its commercial influence is illustrated in the building’s design through its storefronts along the first story of the primary (east) elevation, and its industrial influence is illustrated by the brick construction and the fenestration of multi-paned steel windows along the upper stories. The building is also located one block east of H Street, historically known as an industrial corridor, and it may have contributed to the influence in design. The Bixler Vapor Dry Cleaning Company Building identifies most with the Industrial – Industrial Loft property type. Character-defining features include brick construction, at least three stories in height with vertical emphasis, storefronts along the first story, multi -paned steel windows along the upper stories, and generally open floor plans on the upper stories. The intention of this property type design was to create a factory environment that would provide lighting, ventilation, and protection from fire and vibration within a limited amount of space. The Industrial – Industrial Loft property type was developed in the late 19th and early 20th centuries and was predominant in construction between 1900 and 1960. The current property owners intend to rehabilitate the property while retaining and restoring the historic character of the commercial/industrial building, with the assistance of the California Historical Building Code and with the opportunity to receive potential relief from City of Fresno property development standards. Eligibility The subject property located at 2049 Broadway was previously evaluated in 2008 through the “North Park Area Historic Context and Property Survey” prepared by Galvin Preservation Associates Inc.for the City of Fresno. The property did not appear to be eligi ble for National, California, or Local Register listing through this survey evaluation. Upon further research, the property located at 2049 Broadway, originally known as the Bixler Vapor Dry Cleaning Company Building, is eligible for listing in the City of Fresno’s Local Register of Historic Resources. The property is greater than 50 years of age and possesses integrity of location, design, feeling, and association (FMC 12-1607). Additionally, it is significant under Local Register Criterion i because it is associated with early 20th century commercial and industrial development in the Lowell Neighborhood in Fresno and Criterion iii because it has distinction as an Industrial – Industrial Loft property type. age of *Resource Name or # (Assigned by recorder) *Recorded by: *Date Continuation Update DPR 523L (Rev. 1/1995)(Word 9/2013) State of California Natural Resources Agency Primary# DEPARTMENT OF PARKS AND RECREATION HRI # Trinomial CONTINUATION SHEET Property Name: _The Bixler Vapor Dry Cleaning Company Building______________________________________________ Page __5__ of __8___ age of *Resource Name or # (Assigned by recorder) *Recorded by: *Date Continuation Update DPR 523L (Rev. 1/1995)(Word 9/2013) State of California Natural Resources Agency Primary# DEPARTMENT OF PARKS AND RECREATION HRI # Trinomial CONTINUATION SHEET Property Name: _The Bixler Vapor Dry Cleaning Company Building_________________________________________________ Page __6__ of __8___ age of *Resource Name or # (Assigned by recorder) *Recorded by: *Date Continuation Update DPR 523L (Rev. 1/1995)(Word 9/2013) State of California Natural Resources Agency Primary# DEPARTMENT OF PARKS AND RECREATION HRI # Trinomial CONTINUATION SHEET Property Name: _The Bixler Vapor Dry Cleaning Company Building__________________________________________________ Page __7__ of __8___ age of *Resource Name or # (Assigned by recorder) *Recorded by: *Date Continuation Update DPR 523L (Rev. 1/1995)(Word 9/2013) State of California Natural Resources Agency Primary# DEPARTMENT OF PARKS AND RECREATION HRI # Trinomial CONTINUATION SHEET Property Name: _The Bixler Vapor Dry Cleaning Company Building_________________________________________________ Page __8__ of __8___ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID19-1842 Agenda Date:6/20/2019 Agenda #: REPORT TO THE CITY COUNCIL June 20, 2019 FROM:JENNIFER CLARK, Director Development and Resource Management Department THROUGH:MIKE SANCHEZ, Assistant Director Development and Resource Management Department BY:SUMMER CECIL, Management Analyst II Development and Resource Management Department SUBJECT HEARING to Consider Adoption of the 552nd Amendment to the Master Fee Schedule Resolution No.80-420 to Add,Adjust,or Delete Various Development Fees Associated with the Current Planning and Building Divisions of the Development and Resource Management Department (Citywide). 1.***RESOLUTION - 552nd Amendment to the Master Fee Schedule No. 80-420, Making Various Changes to the Regulatory, Development, and User Fees in the Current Planning and Building and Safety Services Division of the Development And Resource Management Department (Subject to Mayor’s veto) RECOMMENDATION Staff recommends Council hold a hearing regarding and approve the 552nd Amendment to the Master Fee Schedule (MFS)Resolution No.80-420 to recover development service costs provided by the Current Planning and Building and Safety Services Divisions,including General Plan Maintenance and Technology Maintenance surcharges. EXECUTIVE SUMMARY The Development and Resource Management (DARM)Department has completed a comprehensive User Fee Study (Fee Study)to analyze existing development fees and recommend adjustments per a full cost recovery methodology.DARM contracted the services for the financial fee analysis with NBS Government Finance Group (NBS),which studied the City’s current fee structure,developed a cost of service analysis of DARM’s current activities related to development application processing, and provided the recommendations set forth in the Final User Fee Report (Report). City of Fresno Printed on 3/17/2023Page 1 of 5 powered by Legistar™ File #:ID19-1842 Agenda Date:6/20/2019 Agenda #: BACKGROUND Per California State Constitution Article XIIIC,Section 1 and the Mitigation Fee Act (Government Code Sections 66000 et.seq.),cities may establish fees for services,provided,such fees do not exceed the estimated reasonable cost of providing those services.Accordingly,the City has established various Development related Planning and Building Fees.The subject fees were last updated by Council in November 2011.In an effort to evaluate the continued legitimacy and accuracy of the fees,DARM initiated the Fee Study to ensure that the subject fees neither exceed the costs of services, nor fall short of recovery thresholds. A.The Fee Study. DARM contracted with NBS Government Finance Group to conduct the Fee Study.For purposes of this item,NBS analyzed Current Planning fees,Building and Safety fees,the General Plan Surcharge,and the Information Technology Surcharge and provided recommendations for amendment as set forth in the Final User Fee Report. NBS’s methodology for the Fee Study included a cost of service analysis accounting for direct and indirect costs related to development application processing;fee establishment,including simplifying or restructuring certain fees to better align with current services provided;and a cost recovery evaluation,including analysis of current cost recovery provided by current revenues and adjustments to align with desired recovery efforts.NBS also provided a comparative survey of municipalities that are similar-sized and/or in close proximity to Fresno including the cities of:Bakersfield,Clovis, Merced, Modesto, Visalia, and Stockton, outlined in Appendix B.1 of the Report. When analyzing the costs of service for the Fee Study,NBS identified costs that are recoverable- directly related to an individual development project-and costs that are considered non-recoverable- services that benefit the general public as a whole and are not related to an individual development project.NBS utilized the City’s adopted FY 2018-2019 budget,prevailing fee schedules,annual workload data, and communications with Staff as data sources for the Fee Study. In conducting the Fee Study,NBS requested Staff review and analyze all processes followed during the development review of a project and provide an estimated average labor time.Management Staff sampled at least three different Staff members for each application type.In most cases,the average labor times gathered were similar;average times were provided to NBS.In cases where there were divergent timeframes among Staff members,management held discussions with the polled Staff members and additional sampling was conducted to determine the most accurate average labor time. NBS utilized the information provided as well as a calculated fully burdened hourly rate,specific to each Division, to calculate each fee as outlined in Appendix A.1 and A.2. 1.Current Planning Division Fees - Conclusions Utilizing the methodology as described above,NBS identified total Division costs for Current Planning of approximately $3.6 million,of which $2.8 million is considered recoverable.The current MFS, however,provides for only $2.3 million in estimated fee revenues.Based on current MFS fees,cost recovery is at 81%.The Division has identified that approximately 97%of Staff time is generally dedicated to individual development projects rather than general questions from the public or non- project related items.As such,it is recommended that the fully burdened hourly rate be increasedCity of Fresno Printed on 3/17/2023Page 2 of 5 powered by Legistar™ File #:ID19-1842 Agenda Date:6/20/2019 Agenda #: project related items.As such,it is recommended that the fully burdened hourly rate be increased from $164 to $187 to achieve an approximate cost recovery percentage of 97% moving forward. The following Planning Division fees are recommended for deletion: ·Conditional Use Permit - Elderly and Long Term Care Facility ·Microfiche Copies (8 1/2x11 only) ·Precise Plans of Design ·Tentative Tract Map - Condominium Conversion ·Tentative Tract Map - UGM Application ·CUP - Special, Woodward Park Height Exception The following Planning Division fees are recommended for addition and are indicated as “New”in the Report, Appendix A.1: ·Addressing - Assignment - Tract Map per each additional 50 lots ·Conditional Use Permit -ABCUP -New Alcohol use submitted with a full related development permit or CUP ·Environmental Review and Related Studies - Outsourced Initial Study ·Tentative Parcel Map - o Pre-application and verification o Revised Conditions ·Plan Amendment - PA and Rezone Combo ·Planned Development o Standalone o Related to a CUP or DP o Related to a map, no CUP ·Signs - Revision to MSP ·Variance - Variance associated with a Development Permit or CUP ·Variance - IM Priority Area Variances ·DRC Process ·GIS Research Request 2.Building and Safety Services Division Fees - Conclusions Utilizing the methodology as described above,NBS identified total Division costs for Building and Safety of approximately $6.84 million,$6.81 million of which is considered recoverable.The Division generates revenue through two cost centers:the Permit Center and Inspection Services.Under the current MFS,both cost centers currently recover only approximately 90%of costs,$3.04 million and $3.76 million respectively. The Permit Center has identified that approximately 99%of Staff time is attributable to individual development projects;therefore,it is recommended that the fully burdened hourly rate be increased from $107 to $109 to achieve 99% cost recovery. Inspection Services has identified that nearly 100%of Staff time is attributable to individual development projects;therefore,it is recommended that the fully burdened hourly rate increase fromCity of Fresno Printed on 3/17/2023Page 3 of 5 powered by Legistar™ File #:ID19-1842 Agenda Date:6/20/2019 Agenda #: development projects;therefore,it is recommended that the fully burdened hourly rate increase from $107 to $119 to achieve 100% cost recovery. The following Building and Safety Division fees are recommended for deletion: ·Building Plan Check - Express Plan Check ·Irrigation Time Clock / Valves ·Noise Plan Check ·Commercial Coach ·Roof Structure Replace / Repair ·Residential / Commercial Temporary Utility or Occupancy The following Building and Safety Division fees are recommended for addition and are indicated as “New” in the Report, Appendix A.2: ·Application pre-inspection 3.General Plan Surcharge and Information Technology Surcharge Conclusions Pursuant to Government Code Section 66014(b),the City may “include the costs reasonably necessary to prepare and revise plans and policies that [the City]must adopt before it can make any required findings and determinations,”and supports general plan update and maintenance costs.The City’s General Plan is used to determine conditions of approval for entitlements;therefore,recovery of these costs aligns with Government Code.The surcharge should only apply to development projects that have a significant impact on the update of the General Plan or are subject to review and approval pertaining to the policies and requirements therein. Currently,the estimated annual cost of a comprehensive General Plan update and its associated implementation is approximately $1.2 million.In accordance with the cost analysis conducted by NBS,the 37.5%surcharge currently assessed on building permits should be decreased for accurate cost recovery. As such, it is recommended that the surcharge be decreased to 12.9%. DARM has also identified approximately $485,000 as an annual cost for the operation and maintenance of its Information Technology,primarily the Accela Land Management System and Laserfiche Document Management System.Approximately $265,000 of the annual cost is attributable to development projects,and it is recommended to decrease the current $20 Information Technology surcharge to $19,for accurate total cost recovery.The remaining costs will,as has been the case in prior years, be covered by the General Fund. 4.Outreach and Final Conclusion On May 20,2019,Staff held a workshop for the Building Industry Association (BIA)and the Mayor’s Residential,Commercial,and Industrial Developer subcommittees,where Staff presented the Report and outlined the proposed MFS changes.A copy of the Report was also posted on the DARM website landing page and made available at the City Clerk’s Office.Staff also met individually with interested parties, upon request. Minimal comments and feedback were received from industry and agency partners.Feedback City of Fresno Printed on 3/17/2023Page 4 of 5 powered by Legistar™ File #:ID19-1842 Agenda Date:6/20/2019 Agenda #: Minimal comments and feedback were received from industry and agency partners.Feedback included questions regarding processing times for completed tasks associated with certain fees. Staff examined processing times and conducted further surveys with relevant members of DARM Staff; resulting in modifications to four fees.. Staff recommends Council approve the amendment to the MFS as outlined in the attached Resolution. B.Fee Update Procedure.Pursuant to the Mitigation Fee Act (Government Code Section 66000 et.seq.)any action to increase a fee requires a noticed public hearing at a regularly scheduled meeting of the Council.If adopted,fees will become effective 60 days after final approval or on September 1, 2019, whichever is later. C.Annual Update.Pursuant to recommendations made in the Report, the Council may consider approving annual Consumer Price Index (CPI) adjustments of the fees to keep pace with inflation costs. Industry standards dictate a complete, comprehensive study to be conducted by the City every 5-7 years; therefore, a CPI adjustment can proportionally account for increased costs due to inflation, which arise between completions of comprehensive fee studies. Staff intends to examine inflation factors annually and present Council with recommended CPI increases accordingly. ENVIRONMENTAL FINDINGS Staff has performed a preliminary environmental assessment of the fee update and has determined that it falls within the Statutory Exemption set forth in CEQA Guidelines Section 15273. LOCAL PREFERENCE Local preference was not considered because this Resolution does not include a bid or award of a construction or service contract. FISCAL IMPACT If approved,the overall effect of the amended fees will be revenue neutral at this time,as the intent of this update is to provide accurate cost recovery for the City.If approved,the amended fees will go into effect on the later of 60 days after final approval of the Resolution or September 1, 2019. Attachments: 1.User Fee Analysis Final Report 2.Power Point Presentation 3.Resolution 4.Comparison to Clovis Fees City of Fresno Printed on 3/17/2023Page 5 of 5 powered by Legistar™ June 20, 2019 Presentation for: City Council User Fee Study City of Fresno 2 City of Fresno – Building Industry Association Presentation 1 Project Overview 2 Section 1: User Fee Study 3 Section 2: Outcome Examples Presentation Agenda 4 Section 3: Questions & Answers City of Fresno – City Council Presentation 3 City of Fresno – Building Industry Association Presentation •User Fees: Charges paid voluntarily for a governmental service or product received •Regulatory Fees: Charges for recovery of costs associated with regulatory activities Cost recovery opportunities Revenues which the City Council implements NOT: Taxes, Fines, Development Impact Fees, etc. User and Regulatory Fees City of Fresno – City Council Presentation 4 City of Fresno – Building Industry Association Presentation •Proposition 26 Article XIIIC§1(e)(3) Inspections and Regulatory Permits are exempt…however are still limited to the local government’s reasonable costs. •CA Government Code §66014(a) “Those fees may not exceed the estimated reasonable cost of providing the service for which the fee is charged” Legal Framework City of Fresno – City Council Presentation 5 City of Fresno – Building Industry Association Presentation Fees Studied: Planning Building & Safety Project Scope City of Fresno – City Council Presentation 6 City of Fresno – Building Industry Association Presentation Understand Full Cost of Providing Services Set Municipal Fees Accordingly 2 1 Project Goals Define full cost recovery potential of individually-based services City of Fresno – City Council Presentation 7 City of Fresno – Building Industry Association Presentation 1 Compliance with State laws 2 Total estimated and reasonable costs of providing services 3 Fees that fairly and equitably recover costs 4 Fee amounts calibrated to current costs and service levels provided Key Issues Framing This Study City of Fresno – City Council Presentation 8 City of Fresno – Building Industry Association Presentation Project Approach 1. Fee Structure Review 2. Data Collection 3. Define Total Costs 4. Annual Cost Analysis 5. FBHR (Cost per Hour) Calculation 6. Calculate “Per Unit” Service Costs 7. Cost Recovery Outcomes and Fee Setting Policy City of Fresno – City Council Presentation 9 City of Fresno – Building Industry Association Presentation Flat Fees Variable Fees Based on Project Characteristics Variable Fees Based on Actual Time Tracked (with Deposits Managed as Needed) Fee Structure Review City of Fresno – City Council Presentation 10 City of Fresno – Building Industry Association Presentation 3 Time estimates annual and per fee item 1 Adopted budget and staffing 2 Workload from last complete Fiscal Year 4 Current / recommended fees Data Collection City of Fresno – City Council Presentation 11 City of Fresno – Building Industry Association Presentation •Salaries and benefits •Services and supplies Direct •Program, Division, Departmental and Agency-wide Indirect •Review required from internal departments for approval Support •General Plan Update/Maintenance & Information Technology Surcharge Systems and Maintenance Defining Total Costs City of Fresno – City Council Presentation 12 City of Fresno – Building Industry Association Presentation Estimated and/or Tracked Indirect / Other Services Public Information and Assistance Code, Policy, and Procedure Improvement Code Enforcement Support / Overhead Training Divisional Administration Departmental Administration Support / Indirect Services Direct Services Intake and Processing Plan Review – Initial and Iterations Inspection – Initial and Re-inspections Permit Issuance Commission Review Project Close Out Annual Cost Analysis City of Fresno – City Council Presentation 13 City of Fresno – Building Industry Association Presentation Fee Recoverable Indirectly or partially recoverable Non-recoverable Recoverable vs Non-Recoverable Costs Division Total Division Cost Total Costs Targeted for Fee Recovery Total Recoverable Costs % Non- Recoverable Costs Non-Recoverable Costs % Planning $ 3,622,037 $ 2,827,689 78.07% $ 794,348 21.93% Building $ 6,845,362 $ 6,812,590 99.52% $ 32,773 0.48% City of Fresno – City Council Presentation 14 City of Fresno – Building Industry Association Presentation Hourly Rate Outcomes Planning: $187 Building: Permit Center: $109 Inspection: $119 $ per hour Support / Overhead Indirect Services Direct Case Work = / Hours FBHR Rate Calculation City of Fresno – City Council Presentation 15 City of Fresno – Building Industry Association Presentation Fully-Burdened Hourly Rate Time to Complete Cost Calculation Cost of Service Calculation City of Fresno – City Council Presentation 16 City of Fresno – Building Industry Association Presentation Full Cost of Service ($) Revenue from Current Fee ($) Funding from Increased Fee or Non-Fee Revenue Sources Current Cost Recovery Level Maximum Cost Recovery 100% Minimum Cost Recovery 0% Cost Recovery/Fee Setting City of Fresno – City Council Presentation 17 City of Fresno – Building Industry Association Presentation Summary of Results Division / Surcharge Estimated Annual Current Fee Revenue Estimated Annual Full Cost Recovery Fee Revenue Annual Cost Recovery Surplus / (Deficit) Current Cost Recovery % Estimated Annual Recommended Fee Revenue Recommended Cost Recovery % Planning $ 2,331,784 $ 2,863,645 $ (531,861)81% $ 2,790,523 97% Building $ 7,261,024 $ 7,204,045 $ 56,979 101% $ 7,204,045 100% Information Technology Surcharge $ 278,020 $ 265,575 $ 12,445 105% $ 265,575 100% General Plan Maintenance Surcharge $ 528,075 $ 791,745 $ (263,670)67% $ 791,745 100% Total $ 10,398,903 $ 11,125,010 $ (726,107)93% $ 11,051,888 99% City of Fresno – City Council Presentation 18 City of Fresno – Building Industry Association Presentation Meetings Held & Report Modifications Time Estimate (hrs)Fee Level/Deposit Time Estimate (hrs)Fee Level/Deposit Annexations, Inhabited 73 13,615$ 66 12,309$ (1,306)$ CUP - Special, Woodward Park Height Exception 95 17,718 (17,718) Map - Tentative Parcel Map Filing 5 lots or more 50 9,325 40 7,460 (1,865) 4 lots or less 40 7,460 30 5,595 (1,865) Fee Name Draft Final Report Outcomes Modifications per Industry Feedback Variance removed City of Fresno – City Council Presentation May 10 – Meeting with Building Industry Association Representative May 22 – Workshop with Industry Representatives Invited: Residential, Multi-Family, Commercial, and Industrial Subcommittee Members Five total attendees 19 City of Fresno – Building Industry Association Presentation Section 3 Questions & Answers City of Fresno – City Council Presentation 20 City of Fresno – Building Industry Association Presentation 800-676-7516 nkissam@nbsgov.com Thank you! Nicole Kissam Project Director City of Fresno – City Council Presentation Fee Description Fee Type / Unit City of Clovis Noticing Subscription Fee (per Council District)per year N/A Planning Commission Material (Agendas Minutes available online)Available Online Planning Reports and Publications Annual Statistical Abstract each General Plan each Update of Community Plan each Other Community Plan each Plan Texts (photocopy) * 0 to 100 pages flat 101 to 200 pages flat 201 to 300 pages flat 301 to 400 pages flat 401 to 500 pages flat 501 to 600 pages flat Specific Plan each Special and other publications each Maps and Large Format Photocopy Prints Standard Size Copy Plan Maps (GIS) * 55" x 30"/each each 42" x 36"/each each 36" x 36"/each each 21" x 18"/each each Large Format Photocopy Prints: 24" width roll stock/*each 30" width roll stock/*each 36" width roll stock/*each 42" width roll stock/*each 17 x 22 cut stock per print 18 x 26 cut stock per print Prints sent out to private vendors Cost + handling charge each Refunds, Handling Charge Handling Fee each Draw-Down Account Administrative Fee annual fee per account N/A Addressing Assignment - Parcel Map per map Assignment - Tract Map under 50 lots per map Assignment - Tract Map per each additional 50 lots per map Change per address Annexations Inhabited per project Un-inhabited per project Appeal by Applicant (requiring Planning Commission review) per appeal City Council hearing: $1,125 Planning Commission hearing: $2,400 City Attorney Development-Related Special Services 3 $ 727 4 2 $20,550 + $75/acre. Additional $6,175 if agricultural preserve $ 11,463 $ 8,193 PLANNING APPLICATION FEES N/A 1 $ 256 $ 364 new n/a $ 208 $ 6 100% + $19.50 5 Based on Actual Staff Time at Time of Withdrawl Request$ 144 6 $ 216 4 Black & White (24x36) Zone Map - $5 Black & White (24x36) Street Map - $10 Colored Zone/General Plan (24x36) - $45 Community/Specific Plans Available Through Independent Copy Service n/a $ 30 $ 25 $ 20 $ 10 $ 0.45 $ 0.50 $ 0.60 $ 0.65 $ 6 $ 10 $ 20 $ 30 $ 40 $ 50 $ 60 $ 9 To be established by Director City of Fresno Fee No.Current Fee MISCELLANEOUS ADMIN FEES Comparative Fee Survey – Current Planning Division 1 $ 36 2 Available Online or Copy Fee 3 Available Through Independent Copy Service $ 23 $ 26 $ 26 $ 9 City Attorney Special Services-Extraordinary, nonsecurity method, covenant, zoning and other land use inquiry, and miscellaneous legal services not covered by other fees-on request of applicant or owner subject to availability of staff During regular business hours hour, 1-hour minimum Other than regular business hours (except Sundays and Holidays)hour, 1-hour minimum Conditional Use Permit - Standard New Application / Full Review per application Amendment per application Revised exhibit (major)per request Revised exhibit (minor)per request File Stuffer per application Conditional Use Permit - Special Woodward Park Height Exception per permit Condominium Conversion per permit Per 100 units per permit Residential Care Facility (Requiring a CUP)per permit Conditional Use Permit - ABCUP Standalone off-sale per permit Standalone on-sale (bar or nightclub)per permit Minimal Impact (on-sale restaurant or tasting room)per permit Major Modification per permit Minor Modification per permit New Alcohol use submitted with a full related development permit or CUP per permit Corrected Exhibits (all CUPs) after first 2 City Street Trees Inspection when planted by private party per tree Covenants Preparation and recording each Revision of Covenants each Release of Covenant each County recordation fee per document Minor Deviation per application $ 775 Director's Determination per application $ 2,375 Easement Encroachment Public right-of-way per application Public utility easement / per application per application 11 current rate 12 $ 808 13 $ 3,933 14 no comparison available See street work fees $ 420 9 no comparison available$ 30 10 no comparison available$ 1,094 $ 721 $ 721 $ 4,911 $ 1,327 $ 1,082 $ 164 new n/a 8 $ 545 5 CUP: $5,500 CUP/City Council Hearing: $6,075 Office/Business Campus $6,075 + 15/lot or unit Extension/Amendment: $3,825 $ 8,177 $ 3,271 $ 2,135 $ 909 $ 164 6 Deleted $ 14,719 $ 23,685 $ 5,978 $ 2,630 7 $ 4,911 no comparison available 2x billable or hrly rate 2.5x billable or hrly rate Environmental Review and Related Studies Environmental Document Preparation - City Staff Prepared Exemption (Categorical or Statutory)per application Negative Declaration per application $ 2,800 Mitigated Negative Declaration per application $3,500 + consultant fees Outsourced Initial Study deposit no comparison available City Facilitation deposit Consultant costs deposit EIR - Focused deposit EIR - Program and Project deposit Filing Fees County Clerk filing fee each Department of Fish and Game Assessment Fees Negative Declaration / Mitigated Negative Declaration each Environmental Impact Report each Environmental Document / Certified Regulatory Program each Flood Control Appeal per application Deferment of fees per application Drainage fees of the Fresno Metropolitan Flood Control District (FMC 13-13) General Plan and Related Document Update and Maintenance Surcharge on all Building Permits per permit Historic Preservation Application N/A Map - Tentative Parcel Map Pre-application and verification each Tentative Parcel Map Filing (5 lots or more)each Tentative Parcel Map Filing (4 lots or less)each Environmental Assessment Revised Tentative Parcel Map Major / each minimum deposit deposit Minor / each minimum deposit deposit Time Extension Revised Conditions Minor each Major each Map - Tentative iract Map Pre-application and verification each Tentative Tract Map filing Base fee per Map per map Per each 50 lots each Environmental Assessment Revised Tentative Tract Map Major / each each Minor / each each Time Extension each Map - Final Parcel Map Final Parcel Map filing (5 lots or more)each Final Parcel Map filing (4 lots or less)each 21 $1,300 + $40/Parcel $ 5,134 $ 3,823 20 Planning Commission: $8,150 + $35/Lot or Unit $ 3,033 $ 16,700 $ 8,815 See Environmental Assessment Fees 1/2 base fee$ 3,575 $ 6,664 $ 1,181 1/2 base fee $ 984 $ 492 $ 656 new n/a n/a 19 $ 3,025 new n/a $ 6,888 $ 5,071 See Environmental Assessment Fees 18 $ 1,272 $ 50 $ 2,281 $ 3,168 $ 1,077 16 no comparison available $ 365 Cost + 15%$ 86,948 no comparison available 17 5% of all associated fees ($250 min)10% surcharge $ 1,181 $ 3,364 $ 110 See Exhibit "C" n/a $ 59,147 $ 8,722 new new 15 Categorical: $450 Parcel Map Waiver Certificate request per request Map - Final Tract Map Filing $2,750 + $20/Lot or Unit Master Development Agreement Master Development Agreement base deposit deposit Meeting -Planning Commission, City Council Special Meeting at request of applicant per request Continuation of scheduled item at the request of applicant per request Official Plan Line - Director's Determination Planning / each 409 each Plan Modification - Change to plan in process per request Specific Plan Amendment - $8,075 and $500 Filing Fee Plan Amendment New Application per application PA and Rezone Combo.per application Planned Community Development Preliminary Application - include project conference, and review for acceptability for processing (EIR is not included and is charged separately) deposit Formal Application minimum deposit - includes public hearings, Development Agreement preparation and review deposit Planned Development- standalone each no comparison available Planned Development (related to a CUP or DP)each no comparison available Planned Development (related to a map, no CUP)each no comparison available Private Irrigation Line Maintenance per linear foot no comparison available Response to Zoning Inquiries Response to basic zoning questions identified on application per request Response to other/specialized questions per request Per Parcel/address fee for requests for multiple addresses or parcels per request Waiver or Interpretation of Development Standards (staff support for process)per request Rezoning Rezone (all) - new each Modifications to zoning conditions each Minor: $775 Major: 1/2 base fee Scanning Entitlements 8 1/2" x 11" / per sheet (using standard quantities per entitlement) and Greater than 8 1/2" x 11" / per sheet per sheet Security and Electric Fences (separate agreement preparation fee may apply)per application no comparison available 35 no comparison available$ 2 36 $ 454 34 $5,500 + $35/acre - $7,275 +$75/acre depending on type$ 10,325 $ 9,147 new n/a new n/a 32 $ 5 33 $95/hr. One hour minimum. $ 182 $ 182 $ 182 $ 164 28 Residential/Commercial $6,075 + $15/Lot or Unit $ 15,204 $ 30,409 new n/a 27 $500 Filing Fee + Actual Costs Min: $8,075 $ 10,539 new n/a 25 no comparison availableTime & Materials 26 $ 4,597 23 $12,075 + $75/acre$ 26,530 24 N/A$ 1,726 $ 1,181 $ 774 22 See Subdivision Section Temporary Use Permit Minor / Over The Counter per permit Major / Routed per permit Signs Master sign program (MSP)per program Revision to MSP per application On-site signs per application Master sign program conformance review per application Temporary / Banner per application Development Permit New Application / Full Review per application Amendment per request Revised exhibit (major)per request Revised exhibit (minor)per request File Stuffer Rear Yard Encroachment per request $ 200 Corrected Exhibits (all Dev Permits) after first two per request N/A Special and Consulting Services During regular business hours hour, 1-hour minimum Other than regular business hours (except Sundays and holidays)hour, 1-hour minimum Consulting Service not otherwise listed hour, 1-hour minimum Street Name Change per request no comparison available Tree Removal Permit - fee not required for Single Family Homes per permit Evaluated on a case-by- case basis; No Administrative Costs Variance IM Priority Area Variances each Security-related each Single-family residential lot, 1 acre or less per application All other applications per application Variance associated with a Development Permit or CUP per application Voluntary Parcel Merger each Processed as a Lot Line Adjustment $755 $1 325Zoning Clearance Minor each Moderate each Major each Zoning Ordinance Text Amendment per application $3,975 Building Plan Check Commercial each 48 $ 12,381 49 no comparison available$ 300 46 $ 627 47 Processed as a Zoning Confirmation Letter $95/hour; one-hour minimum $ 27 $ 328 $ 1,640 45 Single Family: $2,775 All other: $4,850 Minor Adjustment, Signs: $775 $ - $ 6,160 $ 6,160 $ 8,020 new n/a Hourly Rate - $95 hourly rate 1.5x hourly rate hourly rate 44 $ 328 43 $ 8,255 $ 727 $ 164 40 $ 287 41 $ 545 42 39 no comparison available $ 6,905 $ 2,726 $ 1,590 38 Sign Review: $250 + $10/sign Subdivision Sign Review: $475 + $10/sign Amendment: 1/2 established fee $ 999 new n/a $ 318 $ 128 $ 128 37 $ 200$ 328 $ 328 Residential each Lot Line Adjustment - Application per application Minor: $775 Major: $1,325 Map - Final Tract Map Filing Map per map Per 50 lots each Special Agreements Early Issuance of Building Permit per agreement Subdivision - Miscellaneous Processes Certificate of Compliance (SMA 66499.35)per certificate DRC Process each N/A GIS Research Request hourly $115/hour Comparative Fee Survey – Building & Safety Services Division Fee No.Current Fee City of Clovis 1 $ 2,452.47 $ 1,863.07 2 $ 3,152.47 $ 2,763.07 3 $ 1,874.73 $ 1,305.33 4 $ 2,299.19 $ 1,687.38 5 $ 1,517.33 $ 1,301.01 6 $ 1,946.50 $ 2,016.87 7 $ 633.87 $ 1,803.19 8 $ 44.67 $ 1,216.66 9 $ 207.48 Residential Addition, 450 s.f. a. Plan Check Fee no comparison available New Production Tract Single Family Dwelling, 3,000 s.f. a. Plan Check Fee no comparison availableb. Building Permit/Inspection Fee New Custom Single Family Dwelling, 3,000 s.f. a. Plan Check Fee no comparison availableb. Building Permit/Inspection Fee Commercial Tenant Improvement, non-structural, 5,000 s.f. a. Plan Check Fee no comparison availableb. Building Permit/Inspection Fee Commercial Tenant Improvement, non-structural, 2,500 s.f. a. Plan Check Fee no comparison availableb. Building Permit/Inspection Fee New Shell Building, trades included, 20,000 s.f. a. Plan Check Fee no comparison availableb. Building Permit/Inspection Fee New Shell Building, trades included, 10,000 s.f. a. Plan Check Fee no comparison availableb. Building Permit/Inspection Fee New Commercial Retail, trades included, 20,000 s.f. a. Plan Check Fee no comparison availableb. Building Permit/Inspection Fee New Commercial Retail, trades included, 10,000 s.f. a. Plan Check Fee no comparison availableb. Building Permit/Inspection Fee City of Fresno Fee Description 53 no comparison available$ 1,693 new n/a new $ 164 52 no comparison available$ 1,094 50 $ 1,051 51 $2,750 + $20/Lot or Unit$ 6,228 $ 1,827 $ 373 $ 776.94 10 $ 125.00 $ 488.00 11 $ 72.00 no comparison available 12 $ 99.00 no comparison available 13 $ 103.19 no comparison available 14 $ 103.19 no comparison available 15 $ 195.00 no comparison available 16 $ 103.19 no comparison available 17 n/a no comparison available 18 $ 464.00 no comparison available 19 $ 27.00 $55 - $182 20 $ 107.00 no comparison availableFully burdened hourly rate Grading Storage Racks a. Plan Check Fee no comparison availableb. Building Permit/Inspection Fee Residential Photovoltaic System HVAC Permit Special Events Permit Water Heater Permit Electrical Service Upgrade Permit Re-roof Permit - Residential Re-roof Permit - Commercial (Overlay/Spray On) Residential Remodel (typical kitchen or bathroom project), 200 s.f. a. Plan Check Fee no comparison availableb. Building Permit/Inspection Fee no comparison availableb. Building Permit/Inspection Fee City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID19-1858 Agenda Date:6/20/2019 Agenda #:3-A REPORT TO THE CITY COUNCIL June 20, 2019 FROM:KEVIN R. MEIKLE, Director of Aviation Airports Department SUBJECT Approve use of Fresno Municipal Code Section 4-502(d),Design Build Qualification Method of procurement for the FATforward Terminal Expansion and Parking Structure Projects at Fresno Yosemite International Airport RECOMMENDATION Staff recommends City Council approve the use of Fresno Municipal Code (FMC)Section 4-502(d), Design Build Qualification Method of procurement for the Terminal Expansion and Parking Structure Projects at Fresno Yosemite International Airport (FAT). EXECUTIVE SUMMARY The successful execution of FAT’s FATforward projects is based on obtaining cost and schedule certainty.Delivering the FATforward projects on time and within budget are critical due to the financial capability of the airport.In addition,airport Terminal and structured parking work is very complex and requires highly specialized knowledge and experience to successfully implement.The Design Build Qualification Method of procurement,commonly known in the industry as Progressive Design Build,will provide the best opportunity to successfully execute these projects,which are key to growing the airport in a fiscally responsible manner, and fostering economic activity and jobs. This procurement process will allow the Airports Department (Airports)to define FATforward’s goals and select the best design-build teams to meet those goals through a solicitation process based on qualifications,capabilities and experience.Utilizing this competitive procurement method,the design -build teams (one each for the parking structure and Terminal)will be selected to work collaboratively with all stakeholders early in the life of the Projects providing Airports with a design and guaranteed maximum price (GMP)prior to committing to a construction contract.This approach takes advantage of the builders’expertise during all stages of design,facilitates ownership and commitment by all parties involved,provides a high degree of cost and schedule certainty and serves to maximize City of Fresno Printed on 3/17/2023Page 1 of 3 powered by Legistar™ File #:ID19-1858 Agenda Date:6/20/2019 Agenda #:3-A performance. BACKGROUND Qualification based design-build project delivery methods have been successfully used on similar projects with and without Project Labor Agreements at numerous municipally owned airports including San Francisco,San Jose,San Diego and Nashville.In review of these projects Airports has identified the following similarities and challenges with the FATforward Terminal Expansion and Parking Structure Projects that are best resolved through the use of a Progressive Design Build procurement method: ·Design and construction complexities inherent with expansion of a 50 year old Terminal Facility ·Qualifications of the construction team required for specialized work involved with parking structures,international arrival facilities,baggage handling equipment,security checkpoints, passenger boarding bridges and Airport security requirements ·Schedule and construction phasing to meet Airport growth demands while optimizing cost, ongoing operations and customer service ·Total project cost certainty early in the process ·A high level of collaboration between the airport,designer,builder and numerous critical stakeholders (airlines,FAA,TSA and CBP)to ensure consideration and coordination throughout the design-build process and a sense of project team ownership and trust Upon completion of the solicitation process and design/preconstruction contract negotiations with the most qualified design-build entity for each Project,Airports will request Council approval to execute a contract for Phase One Preliminary Services which includes budget-level design development, preconstruction services and the development of a firm construction price and schedule.After completion of approximately 80%design and establishment of a Guaranteed Maximum Price (GMP) in Phase One,Airports will come back to Council for approval to execute a contract for Phase Two Services,also called Final Design and Construction Services.Phase Two completes the final design and construction of the Project for the agreed upon contract price and schedule. The qualifications-based design build procurement method will provide Airports with the best opportunity to deliver FATforward projects on time and within budget,provides for the highest possible level of collaboration and incorporates additional attributes such as,(i)ongoing cost estimating and value engineering during the design process to ensure the projects stay within prescribed budget and schedule constraints,(ii)the ability to exercise an “off ramp”if cost and terms cannot be met,and,(iii)reduction in claims and delays due to the high level of collaboration from project inception. As with any design-build,the fundamental procurement objective is to select the right team that will, (i)work collaboratively with Airports,(ii)offer the best chance to meet Airports project goals and required outcomes,and,(iii)is trustworthy,fair,qualified and transparent.The use of a qualification based design-build project delivery method for the FATforward Terminal Expansion and Parking Structure Projects will help Airports meet those objectives. ENVIRONMENTAL FINDINGS City of Fresno Printed on 3/17/2023Page 2 of 3 powered by Legistar™ File #:ID19-1858 Agenda Date:6/20/2019 Agenda #:3-A Pursuant to California Environmental Quality Act (CEQA)Guidelines Section 15378,this is not a “project” as defined by CEQA. LOCAL PREFERENCE Local preference does not apply because approval of a design-build entity selection process does not include a bid or award of a construction or services contract. FISCAL IMPACT The execution of FATforward through the use of a Design Build Qualification Method of procurement will have no fiscal impact to the General Fund.Projects delivered using a progressive design-build approach,which is focused on achieving a desired outcome within budget,will likely see a significant reduction in cost and schedule overruns. City of Fresno Printed on 3/17/2023Page 3 of 3 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID19-1816 Agenda Date:6/20/2019 Agenda #:3-B REPORT TO THE CITY COUNCIL June 20, 2019 FROM:SCOTT L. MOZIER, PE, Director Public Works Department THROUGH:ANDREW J. BENELLI, PE, City Engineer/Assistant Director Public Works Department BY:JESUS AVITIA, PE, Deputy City Engineer Public Works Department SUBJECT Approve an Agreement with Tutor Perini/Zachry/Parsons,a Joint Venture (TPZP)for City of Fresno Plan Review and Construction Management Services Related to the California High Speed Rail Project (Council Districts 1, 2, and 3). RECOMMENDATIONS Staff recommends the City Council: 1.Approve an agreement with Tutor Perini/Zachary/Parsons (TPZP)for City Plan Review and Construction Management Services related to the California High Speed Rail Project (the Agreement). 2.Authorize the Director of Public Works or his designee to sign the Agreement on behalf of the City of Fresno. EXECUTIVE SUMMARY In February 2016 the City Council approved the execution of a “lump sum”agreement with TPZP for $1,900,000 to be used for City plan review and construction management services (the Lump Sum Agreement).The Lump Sum Agreement was terminated in September 2018.Since then,TPZP has been paying for City plan review and inspection services under the City’s Master Fee Schedule (MFS)as adopted by the Council,while negotiating a new agreement with the City.Rather than utilize the City’s Master Fee Schedule,which provides cost recovery for services provided to new private developments,interagency projects and utility permits,TPZP has negotiated the actual cost fee agreement with the City (the Fee Agreement).Pursuant to the Fee Agreement,the City will bill for services based upon the City’s actual costs as opposed to billing TPZP for work based upon the MFS. City of Fresno Printed on 3/17/2023Page 1 of 3 powered by Legistar™ File #:ID19-1816 Agenda Date:6/20/2019 Agenda #:3-B BACKGROUND The California High Speed Rail Authority (CHSRA)has awarded TPZP the Design-Build Construction Package 1 contract (CP1)in Fresno,which extends from north of the San Joaquin River to beyond American Avenue in the south.Under the Design-Build delivery method,the Contractor is responsible for both the engineering design and the actual construction.CHSRA has also made TPZP responsible for day-to-day construction inspections and a self-certification that all of the improvements have been constructed in accordance with the approved plans and specifications. Within the City of Fresno,CP1 includes a dozen railroad grade separation projects where the street will be rebuilt as either an overpass or underpass,several miles of a relocated Golden State Boulevard,miles of rerouted sewer and water mains,more than 30 traffic signal installations or modifications and all associated facilities such as street lighting,curbs,gutters,sidewalks and landscaping. As of September 2018,after the termination of the Lump Sum Agreement,TPZP has been paying for City plan review and inspection services under the City’s Master Fee Schedule (MFS)as adopted by the Council.Due to the large number of construction packages,this creates a considerable administrative effort for both parties.In that the City of Fresno,like the vast majority of California cities,utilizes a percentage of the construction cost as the basis for the plan review and inspection fees,this has also resulted in continual discussions concerning the calculation of the permit fees.The MFS is also based upon City inspection of all infrastructure being constructed,not recognizing the role of TPZP’s day-to-day inspection and certification. The proposed agreement will continue to provide a proper balance,including full City engineering plan review and approval,as well as a construction oversight role for City senior engineering inspectors.Electrical inspections and traffic signal controller testing will follow the traditional process under the agreement due to the sensitive nature of these facilities.Not covered under the Fee Agreement are wet ties to the City water system,which will be handled separately.The Fee Agreement also provides for ongoing monitoring of actual versus projected costs on a monthly basis and a reopener of the agreement in the event that the level of City staff effort exceeds the amount of the agreement. City Attorney has reviewed and approved to form the Plan Review and Construction Management Services Agreement as to form. ENVIRONMENTAL FINDINGS This item is not a project as defined by the California Environmental Quality Act. LOCAL PREFERENCE Not applicable because this is not a competitive bid award. FISCAL IMPACT There will be no impact to the General Fund or any City operating funds associated with the recommended action.The agreement requires that TPZP makes an initial deposit to the City of $200,000.The City will invoice TPZP on a monthly basis,which TPZP is required to pay within 30City of Fresno Printed on 3/17/2023Page 2 of 3 powered by Legistar™ File #:ID19-1816 Agenda Date:6/20/2019 Agenda #:3-B $200,000.The City will invoice TPZP on a monthly basis,which TPZP is required to pay within 30 days of invoice receipt. Attachments: TPZP Plan Review and CM Services Agreement (with Exhibits) Vicinity Map City of Fresno Printed on 3/17/2023Page 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 ENGINEERING SERVICES DIVISION DISTRICT 2 DISTRICT 1 DISTRICT 3 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID19-1821 Agenda Date:6/20/2019 Agenda #:3-C REPORT TO THE CITY COUNCIL June 20, 2019 FROM:SCOTT L. MOZIER, PE, Director Public Works Department THROUGH:RANDALL W. MORRISON, PE, Assistant Director Public Works Department BY:SCOTT P. SEHM, PE, Design Services Manager Public Works Department SUBJECT Actions pertaining to the Traffic Signal Installation Project at Bullard Avenue and Grantland Avenue - Bid File 3628 (Council District 2) 1.Adopt a finding of Categorical Exemption per staff’s determination,pursuant to Section 15301 (c) of the California Environmental Quality Act Guidelines (CEQA) 2.Approve an Inter-fund Loan Agreement between the Developer Cash-in-Lieu Improvements Fund and the Cash-in-Lieu Loan Fund,pursuant to Article VI of the City of Fresno Reserve Management Act and Article IV of the Taxpayer Protection Act, providing for a $803,000 loan 3.Award a Construction Contract to American Paving Co.,of Fresno,CA in the amount of $553,617,and authorize the Public Works Director or Designee to sign a standardized contract on behalf of the City RECOMMENDATIONS Staff recommends the City Council adopt a finding of Categorical Exemption per staff’s determination,pursuant to Section 15301(c)Class 1 of the CEQA Guidelines for the Traffic Signal Installation Project at Bullard Avenue and Grantland Avenue,award a construction contract with American Paving Co.,of Fresno,CA,in the amount of $553,617 as the lowest responsive and responsible bidder,and authorize the Public Works Director or Designee to sign a standardized contract on behalf of the City.Staff also recommends the Council approve an Inter-fund Loan Agreement pursuant to Article VI of the City of Fresno Reserve Management Act and Article IV of the Taxpayer Protection Act,to provide a loan in the amount of $803,000 from the Developer Cash-in- Lieu Improvements Fund to the Cash-in-Lieu Loan Fund. EXECUTIVE SUMMARY City of Fresno Printed on 3/17/2023Page 1 of 4 powered by Legistar™ File #:ID19-1821 Agenda Date:6/20/2019 Agenda #:3-C The proposed Traffic Signal Installation Project at Bullard Avenue and Grantland Avenue will improve vehicle capacity and pedestrian safety at the intersection.This traffic signal installation will provide pedestrian phasing at the crosswalks and include pedestrian amenities such as count-down heads, accessible pedestrian signals and safety lighting.Protected left-turns for vehicles will also be included with the project.This project will include accessible curb ramps to meet the requirements of the American with Disabilities Act.The adopted FY 2019 budget included the appropriations and funding transfers in order to construct the project but a Loan Agreement is required in order to approve the inter-fund loan transfer;this project is included in the proposed Inter-fund Loan Agreement from the Developer Cash-in-Lieu Improvements Fund.Because this capital improvement project is part of the master capital improvement program as contained in the City’s development impact fee program,the inter-fund loan would allow the City to use the available funds to deliver this infrastructure to one of our rapidly growing areas,then stand in line for development impact fee reimbursement which will restore the amount borrowed $803,000 to the Developer Cash-in-Lieu fund. BACKGROUND The scope of work for the proposed traffic signal at Bullard Avenue and Grantland Avenue includes new traffic signal poles,conduit,detector loops,traffic signal controller cabinet,conductors,concrete curb ramps,an asphalt landing,concrete sidewalk,and storm drain facilities.The project will also provide pedestrian amenities such as count-down heads,accessible pedestrian signals and safety lighting. The Bullard Avenue and Grantland Avenue Traffic Signal Project was initiated in FY 2017 when it was adopted in the Capital Budget by City Council.The project is locally funded by an inter-fund loan transfer from the Developer Cash-in-Lieu Improvements Fund and was designed in-house by Public Works staff.The preliminary engineering design and right-of-way acquisition took approximately 13 months to complete. Public Works staff prepared a Notice Inviting Bids which was published in the Fresno Business Journal on April 8,2019,posted on the City’s website,and faxed to seven (7)building exchanges. Project plans and specifications were also distributed to thirty (30)prospective bidders.Four (4) sealed bid proposals were received and opened in a public bid opening on June 26,2019 with bids ranging from $539,035 to $595,905;after application of the five percent (5%)Local Preference adjustment,American Paving Co.of Fresno,with their bid of $553,617,was determined to be the lowest responsive and responsible bidder.The expiration date of the bids is June 26,2019.If the bids are rejected or expire,the project must be rebid,which will result in a delay of approximately 60 days. The Developer Cash-in-Lieu Fund holds hard-cash payments collected pursuant to the Fresno Municipal Code (FMC)provisions which authorize the Public Works Director to receive cash payments in lieu of performing required improvements in situations where it is not feasible to perform the construction as stipulated in the Conditions of Approval at the present time.Cash-in-lieu funds are a common practice in California and the City of Fresno’s account is included in the Annual Impact Fee Report,as required under AB1600.The vast majority of developers construct their improvements with their subdivision or prior to occupancy of commercial and industrial developments.Sometimes,certain improvements may be dependent upon other adjacent developments or capital projects and not feasible to construct independently;when the anticipated time period for deferral is a few years,these improvements are typically secured by a bond,but whenCity of Fresno Printed on 3/17/2023Page 2 of 4 powered by Legistar™ File #:ID19-1821 Agenda Date:6/20/2019 Agenda #:3-C time period for deferral is a few years,these improvements are typically secured by a bond,but when the anticipated duration is several years or longer,the FMC provides the ability for the City to accept cash in the estimated amount of those improvements and take on the future responsibility to construct those specific improvements at such a time as the improvements make sense or are otherwise feasible. The actual cash-in-lieu funds can only be utilized for the specific projects for which the dollars were collected.However,similar to Urban Growth Management (UGM)or impact funds,an inter-fund loan is possible to allow the retained dollars to be used for other vital capital improvements,such as this project.Staff does not anticipate the Developer Cash-in-Lieu Fund needing $803,000 within the next five years and recommends it be loaned for construction of the Traffic Signal Installation at Bullard Avenue and Grantland Avenue. The inter-fund Loan Agreement has been approved as to form by the City’s Attorney’s Office and it is consistent with Article VI of the City of Fresno Reserve Management Act and Article IV of the Taxpayer Protection Act. ENVIRONMENTAL FINDINGS Staff has performed an environmental assessment of this project and has determined that it falls within the Categorical Exemption set forth in CEQA Guidelines Section 15301(c)(existing facilities), which exempts the repair,maintenance,or minor alteration of existing structures or facilities,which includes existing streets,sidewalk and gutters,and no further expansion of existing use,because the project includes the modification an existing of traffic signal facility,crosswalks,ADA curb access,signage and pavement striping.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 The project’s funding is Developer cash-in-lieu and is considered local funds.Therefore,the City’s local preference ordinance was implemented as the number one low bid was from outside of the City of Fresno.The bid from American Paving of Fresno was determined to be appropriate and responsive for this local preference funding criteria. FISCAL IMPACT The project is located in City of Fresno Council District 2.The overall cost of the project is $803,000 and is locally funded by an internal loan from Developer Cash In-Lieu funds.The project will not have any impact to the General Fund. Of the total project costs,$553,617 will be used for the construction contract award.Funds necessary for the contract award are included in the current fiscal year budget as previously adopted by the Council. Attachment: Bid Evaluation Fiscal Impact Statement City of Fresno Printed on 3/17/2023Page 3 of 4 powered by Legistar™ File #:ID19-1821 Agenda Date:6/20/2019 Agenda #:3-C Standardized Contract Interfund Loan Agreement Vicinity Map City of Fresno Printed on 3/17/2023Page 4 of 4 powered by Legistar™ INTERFUND LOAN AGREEMENT This Loan Agreement (Agreement) is executed as of ____________, 2019 (Effective Date), between the City of Fresno's Developer Cash-In-Lieu Improvements Fund (Lender) and the City of Fresno Cash-In-Lieu Loan Fund (Borrower). Lender agrees to lend to Borrower, and Borrower agrees to repay Lender, an amount not to exceed the Principal Amount and interest accrued on the unpaid loan balance, in accordance with the following: 1. Purpose of the Loan. To provide funds for use by the Borrower or its designee to provide funding for traffic signals at the intersection of Grantland and Bullard Avenues . 2. Principal Loan Amount. Not to exceed $803,000. The loan will be recorded as receivable to the Lender and payable to the Borrower. 3. Term of the Loan. The term of this loan shall be five years, beginning on the Effective Date, and shall be repaid in full as of _________________________, 2024. 4. Scheduled Payments. Borrower shall make payments annually against principal and interest. The first payment shall commence on the date that is one year from the Effective Date of this Agreement. At a minimum, each annual scheduled payment shall equal the amount of any accrued interest through the date of payment, plus a principal payment equal to one-fifth (1/5) of the original principal amount. Payments will be credited first to interest then due, and then to principal. Borrower may make partial or complete payment of principal and earned interest at any time before its due date and without any prepayment penalty. 5. Rate of Interest. Interest shall accrue at a rate equal to the City's Pooled Investment Rate, fixed monthly, calculated, and accrued in the same manner that the City would otherwise earn interest on the funds if deposited and earning interest as a pooled investment. The City's Pooled Investment Rate effective on the date of this Note is 1.3489%. Loan interest will be recorded as revenue to the Lender and expenditure to the Borrower. 6. General Provisions. This Agreement constitutes the full Agreement by and between the parties and no other representations have been made regarding the contents of this Agreement. This Agreement shall not be amended, modified, or altered in any respect unless such amendment, modification, or alteration has been reduced to writing and executed by both parties. LENDER BORROWER Wilma Quan, City Manager City of Fresno Wilma Quan, City Manager City of Fresno N GRANTLAND AVEN GRANTLAND AVEW B U L L A R D AV EW B U L L A R D AV E N BONTA AVEN BONTA AVEW G IB SO N AVEW G IB SO N AVE N SYCAMORE AVEN SYCAMORE AVEW STUART AVEW STUART AVE W CELESTE AVEW CELESTE AVE W MESA AVEW MESA AVE N LA VENTANA AVEN LA VENTANA AVEN SYCAMORE AVEN SYCAMORE AVECopyright nearmap 2015 Bullard and Grantland Traffic Signal Installation Limits Parcels City LimitsN 0 0.02 0.040.01 Miles DEPARTMENT OFPUBLIC WORKS Council District: 2Project ID: PW00781Fund No.: 30154Org. No.: 189901 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID19-1756 Agenda Date:6/20/2019 Agenda #:3-D REPORT TO THE CITY COUNCIL June 20, 2019 FROM:SCOTT L. MOZIER, PE, Director Public Works Department THROUGH:ANDREW J. BENELLI, PE, Assistant Director / City Engineer Public Works Department BY:AARON A. AGUIRRE, Public Works Manager Public Works Department SUBJECT Actions pertaining to Initiating Proceedings and Declare Intention to Levy the Annual Assessment for the City of Fresno Landscaping and Lighting Maintenance District No.1;and setting the public hearing for July 25, 2019 at 10:00 a.m. (Citywide) 1.RESOLUTION - Initiating proceedings for the annual levy of assessment 2.RESOLUTION - Of Intention to levy and collect the annual assessment RECOMMENDATIONS Staff recommends the City Council: 1.Adopt a resolution initiating proceedings for the annual levy of assessment. 2.Adopt a resolution of intention to levy and collect the annual assessments. EXECUTIVE SUMMARY The Landscaping and Lighting Maintenance Act of 1972 requires an annual Engineer’s Report and levy of assessments for the City of Fresno Landscaping and Lighting Maintenance District No.1 (LLMD).The LLMD assessment generates $729,700 of annual revenue for maintenance of the City landscaping easements along the streets adjacent to 145 City subdivisions that are included in this particular maintenance district.By adopting the resolutions,the Council will begin the levy process, approve the Engineer’s Report,and set the required public hearing for July 25,2019,at 10:00 a.m. Staff recommends approval of these resolutions to continue to collect assessments and operate the LLMD landscape maintenance functions. BACKGROUND City of Fresno Printed on 3/17/2023Page 1 of 3 powered by Legistar™ File #:ID19-1756 Agenda Date:6/20/2019 Agenda #:3-D On March 22,1983,the Council adopted Resolution 83-93 ordering the formation of Assessment District 89 (District)subsequently renamed LLMD No.1.The District was formed to recover the City’s costs of maintaining the landscaping within the public rights-of-way and easements adjacent to existing and newly developed subdivisions.The District is comprised of 145 subdivisions with 14,870 individual assessments.The staff report includes the enclosed vicinity maps showing the locations of the subdivisions included in the LLMD. The landscaping improvements are maintained from funds derived through assessments levied by the LLMD.These improvements are generally limited to “back-up”and “side-on”treatments primarily on major streets and do not include the maintenance of landscaping in median islands or frontage road islands.The assessments also do not cover the costs to maintain pocket parks,utility easements, trails, bike paths, greenways or pay for street light power consumption. The District was formed pursuant to the Landscaping and Lighting Act of 1972 which requires that a noticed public hearing be held before August 10th of each year in order to levy the annual assessments for continued maintenance and related expenses. The assessments will remain the same as in FY2018-FY2019 due to the constraints placed by the approval of California Proposition No.218 in November of 1996.Prior to 1996,the Council could increase the assessments for maintenance annually to compensate for the increased cost of operations.However,after 1996 rates in the LLMD assessments have not been increased;so,the current assessments 22 years later are still based on 1996 maintenance costs.At the current time, many LLMD landscapes are in need of irrigation rehabilitation and tree/shrub replacement.A special registered voter election would be required in order to increase the amount of the assessments.Currently staff is preparing a rate study to evaluate election options to increase the special tax rate and fund maintenance improvements. The attached Resolution of Intention sets the required public hearing for July 25,2019,at 10:00 a.m. in the City Council Chamber.A notice stating the date and time of the hearing will be published in the Fresno Business Journal a minimum of ten days prior to the scheduled hearing.An individual notice to each property owner is not required by the Landscaping and Lighting act of 1972 if there is no increase in the assessment. ENVIRONMENTAL FINDINGS By the definition provided in the California Environmental Quality Act Guidelines Section 15378 this item does not qualify as a “project”and is therefore exempt from the California Environmental Quality Act requirements. LOCAL PREFERENCE Local preference was not considered because this action does not include a bid or award of a construction or services contract. FISCAL IMPACT The Public Works Department performed the maintenance in the past LLMD fiscal year using only assessment funds collected ($729,700).Approval of the annual levy of the LLMD assessments willCity of Fresno Printed on 3/17/2023Page 2 of 3 powered by Legistar™ File #:ID19-1756 Agenda Date:6/20/2019 Agenda #:3-D assessment funds collected ($729,700).Approval of the annual levy of the LLMD assessments will provide funding for a continuation of the current service levels within the LLMD subdivisions. Attachments: Resolution Initiating Proceedings Resolution of Intention Boundary Map of City of Fresno Landscaping and Lighting Maintenance District (one through five) Powerpoint City of Fresno Printed on 3/17/2023Page 3 of 3 powered by Legistar™ BlackstoneNees Herndon Bullard Shaw Ashlan Shields McKinley Belmont Whites Bridge Alluvial Sierra Barstow Gettysburg Dakota Clinton Olive GarfieldBryanGrantlandHayesPolkCorneliaBlytheBrawleyValentineMarksVan 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 ClovisSunnysideFowlerArmstrongTemperanceLocanClovisFowlerTemperanceSunnysideLocanArmstrongwasutesGrantlandHayesCorneliaBryanPolkBrawleyValentineBlytheKearney North Annadale California Jensen Church Nielsen 4213 4148 4138 4362 2770 4117 3994 3884 4432 4285 4031 4190 4343 4191 3638 4008 3067 40713710 4104 3966 3439 4173 3542 3729 3656 3983 4631 4421 4534 4377 4142 4090 3364 4664 4573 4380 3261 4510 4125 4034 4356 4127 4537 41123802 4645 3818 3594 4026 3781 4405 4255 4385 3274 3834 3976 4057 4594 4345 4717 4208 4603 3797 4212 4282 3129 4237 3679 4224 9131 4606 3792 3811 4675 4707 3913 4639 3150 4145 4581 3748 3876 3590 4049 4074 4564 4339 3684 4381 4439 3815 4056 4186 4401 4528 3970 3852 3888 4473 3903 3940 3943 3905 4217 4108 3999 4350 4134 3772 4687 4461 4323 3770 4488 8130 3817 4471 4549 4482 3151 4574 4320 4045 8316 4312 4209 4347 4223 4402 4004 3768 3220 3566 3854 4079 4155 3776 4337 9225 9128 9031·|}þ99 ·|}þ41 ·|}þ180 ·|}þ168 ·|}þ41 ·|}þ168 Clovis K:\A_LANDSCAPE\AaronA\LLMD\Annual Assessment Reports\19_20 Reports and Council Actions\Exhibits\MXDs\FY19-20 Cover.mxd LOCATION MAP _______________________________________ PORTION OF FRESNO METROPOLITAN AREA (MAP 1 OF 5) DOC. NO. _______________________ FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF FRESNO THIS ______ DAY OF ____________, 2019. ATTEST: YVONNE SPENCE, CMC CITY CLERK OF THE CITY OF FRESNO BY: ____________________________ DEPUTY A RESOLUTION CONFIRMING THE DIAGRAM AND ASSESSMENT FOR THE LEVY OF ANNUAL ASSESSMENTS AFTER FORMATION OF CITY OF FRESNO LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 1 WAS ADOPTED BY THE COUNCIL OF THE CITY OF FRESNO BY RESOLUTION NO. 2019- ___ ON _________________, 2019 ATTEST: YVONNE SPENCE, CMC CITY CLERK OF THE CITY OF FRESNO BY: ____________________________ DEPUTY THE ASSESSMENT DIAGRAM OF THE CITY OF FRESNO LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 1, WAS FILED THIS ______ DAY OF ____________, 2019 AT THE HOUR OF ______ O'CLOCK ___M AT BOOK 44, PAGES ________ THROUGH ________ 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: ____________________________ CITY OF FRESNO, COUNTY OF FRESNO, STATE OF CALIFORNIA BOUNDARY MAP OF CITY OF FRESNO LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 1 É Legend LLMD Tracts Council Districts District 1 District 2 District 3 District 4 District 5 District 6 District 7 1 of 5 ACCT NO. P.W. FILE NO. CONSTR. ENG.: OFFICE ENG: CITY ENGINEER: DR. BY: SHEET NO 1 CH. By: SHEETS DATE: BOUNDARY MAP OF LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 1 REF. & REV. CITY OF FRESNO ‐ Public Works Department A. AGUIRRE 5/29/2019 4285 3638 3439 4090 4385 3834 3797 4282 3129 36793811 4675 3150 4074 4339 4381 4473 4217 4350 4488 44714482 4320 4347 4402 3220 4274 ·|}þ99 ·|}þ99 SHAW AVE ASHLAN AVE CLINTON AVE MCKINLEY AVE POLK AVESHIELDS AVE HAYES AVEBRYAN AVEWE B E R A V E DAKOTA AVE CORNELIA AVEBLYTHE AVEHUGHES AVEWEST AVEMARKS AVEBRAWLEY AVEEMERSO N AVE GRANTLAND AVEVALENTINE AVEMARTYAVEGETTYSBURG AVE G O L D E N S T A T E B L V D P ARKWAY DR FELANDAVEEMERSON AVE BRAWLEY AVEG O L D E N S T A T E B L V D SHIELDS AVEVALENTINE AVEMARKS AVEBLYTHEAVEGRANTLAND AVEVALENTINE AVEDAKOTA AVE 99 HWY99 HWYGRANTLAND AVEK:\A_LANDSCAPE\AaronA\LLMD\Annual Assessment Reports\19_20 Reports and Council Actions\Exhibits\MXDs\FY19-20 sheet 2.mxd LOCATION MAP _______________________________________ PORTION OF FRESNO METROPOLITAN AREA CITY OF FRESNO, COUNTY OF FRESNO, STATE OF CALIFORNIA BOUNDARY MAP OF CITY OF FRESNO LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 1 É Legend LLMD Tracts Council Districts District 1 District 2 District 3 District 4 District 5 District 6 District 7 2 of 5 ACCT NO. P.W. FILE NO. CONSTR. ENG.: OFFICE ENG: CITY ENGINEER: DR. BY: SHEET NO 2 CH. By: SHEETS DATE: BOUNDARY MAP OF LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 1 REF. & REV. CITY OF FRESNO ‐ Public Works Department A. AGUIRRE 5/29/2019 3542 4377 4057 4717 4606 3748 3590 4056 4401 3852 4209 3940 4224 4079 4155 9225 9128 ·|}þ99 ·|}þ180 ·|}þ41 ·|}þ168 ·|}þ41 ·|}þ41 ·|}þ99 ·|}þ168 OLIVE AVE BELMONT AVE TULARE ST NORTH AVEMAPLE AVEG S T CEDAR AVECLOVIS AVECHESTNUT AVEM S T BUTLER AVE ELM AVEKI N GS C A N YO N R D FOWLER AVEFRESNO STP S T VENTURA ST WILLOW AVEFIRST STPEACH AVEGOL D E N S T A T E B L V D V A N N E S S A V E CHERRY AVEJENSEN AVE EAST AVEB R O A D WA Y R S T ARMSTRONG AVELANE AVE H S T ORANGE AVECALIFORNIA AVEO S TTUOLUMNE STINYO STABBY STMARTIN LUTHER KING JR BLVDCHURCH AVESTANISLAUS STSANPABLOAVEHAMILTON AVE B S T SUNNYSIDE AVEANNADALE AVE BLACKSTONE AVEFIG AVEH A Z E L WOOD B L V D R A I L R O A D A V E MINNEWAWAAVEDIVISADERO ST LO S AN G ELES STPULLMAN AVEDIVISADERO ST EAST AVET U L A R E ST B S T C A L I F O R N I A AVE C A LIFORNIA A V E CEDAR AVECA LIFO RNIA AVE CHURCH AVE PEACH AVECHURCH AVEWILLOW AVEB R O A D WA Y CALIFORNI A A V E ARMSTRONG AVEORANGE AVECHURCH AVE 9 9 HWY 180 FWY 41 HWY1 6 8FWY4 1 H W Y41 HWY9 9 HWY K:\A_LANDSCAPE\AaronA\LLMD\Annual Assessment Reports\19_20 Reports and Council Actions\Exhibits\MXDs\FY19-20 sheet 3.mxd LOCATION MAP _______________________________________ PORTION OF FRESNO METROPOLITAN AREA CITY OF FRESNO, COUNTY OF FRESNO, STATE OF CALIFORNIA BOUNDARY MAP OF CITY OF FRESNO LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 1 É Legend LLMD Tracts Council Districts District 1 District 2 District 3 District 4 District 5 District 6 District 7 3 of 5 ACCT NO. P.W. FILE NO. CONSTR. ENG.: OFFICE ENG: CITY ENGINEER: DR. BY: SHEET NO 3 CH. By: SHEETS DATE: CITY OF FRESNO ‐ Public Works Department REF. & REV. BOUNDARY MAP OF LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 1 A. AGUIRRE 5/29/2019 3994 4213 4148 4138 3884 4031 4343 4173 3729 3983 4631 4421 4534 4142 3364 4664 4573 4380 4474 4356 4127 4537 4255 4345 4208 4707 4145 3876 3684 4300 4439 4186 3888 3903 3943 4108 3999 3772 4687 4323 4574 4229 4004 4251 4269 4312 4337 9031 ·|}þ99 ·|}þ99 WEST AVEMARKS AVESIERRA AVE BULLARD AVE FRUITAVESAN JOSE AVEPOLKAVE BARSTOW AVE G O L D E N S T A T E B LV D D A N TEAVE SPRUCE AVE ALLUVIAL AVE FIG A R D E N D R R I V E R VISTADR MILBURN AVEGATES AVEH AYES AVE S A N TA F E A V E C E C ELI AAVEBRAWLEY AVEESCALON AVE PALO ALTO AVE BRYAN AVEJ E A N N E A V E R I V E R S I D E D R BLYTH E AVECARNEGIE AVESIERRA AVE BRAWLEY AVEB U LL A RD AVE S P RUCE AVE PALO ALTO AVE BARSTOW AVE BLYTHE AVE9 9 H W Y 9 9 H WYVETERANS BLVDK:\A_LANDSCAPE\AaronA\LLMD\Annual Assessment Reports\19_20 Reports and Council Actions\Exhibits\MXDs\FY19-20 sheet 4.mxd LOCATION MAP _______________________________________ PORTION OF FRESNO METROPOLITAN AREA CITY OF FRESNO, COUNTY OF FRESNO, STATE OF CALIFORNIA BOUNDARY MAP OF CITY OF FRESNO LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 1 É Legend LLMD Tracts Council Districts District 1 District 2 District 3 District 4 District 5 District 6 District 7 4 of 5 ACCT NO. P.W. FILE NO. CONSTR. ENG.: OFFICE ENG: CITY ENGINEER: DR. BY: SHEET NO 4 CH. By: SHEETS DATE: CITY OF FRESNO ‐ Public Works Department REF. & REV. BOUNDARY MAP OF LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 1 A. AGUIRRE 5/29/2019 2770 4117 3884 4432 4362 4190 4191 4008 3067 40713710 4104 3966 3656 4631 3261 4510 4125 4034 4537 4112 3802 4645 3818 3594 4026 3781 4405 3274 3976 4594 4603 42124335 4237 91313792 3913 4639 4581 4049 4564 4261 3815 4528 3970 4352 3905 4134 3819 4461 3770 4540 8130 3817 4050 4549 4045 8316 3351 4223 4159 3566 4601 3772 3151 3593 3987 3768 3854 4198 3305 3776 8129 3699 3607 ·|}þ41 ·|}þ41 NEES AVE P E R R IN AVE CEDAR AVESHEPHERD AVE TEAGUE AVE FRESNO STMILLBROOK AVEPALMAVEC H A MPL AI ND R ALLUVIAL AVEC OLE AVEINTERNATIONAL AVE INGRAM AVEMAPLE AVES O M M ERVILLE D R CHESTNUTAVEBLACKSTONE AVEWEST AVEBEHYMER AVE FORTWASHINGTONRDGRANVILLE AVELOCUST AVE E LP A S O AVE FRIANTRD ALLUVIAL AVE MAP LE A V ECHESTNUT AVEMILLBROOKAVEALLUVIAL AV E BEHYMER AVE 41 HWY41 HWYWILLOW AVEFRIANTRDClovis K:\A_LANDSCAPE\AaronA\LLMD\Annual Assessment Reports\19_20 Reports and Council Actions\Exhibits\MXDs\FY19-20 sheet 5.mxd LOCATION MAP _______________________________________ PORTION OF FRESNO METROPOLITAN AREA CITY OF FRESNO, COUNTY OF FRESNO, STATE OF CALIFORNIA BOUNDARY MAP OF CITY OF FRESNO LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 1 É Legend LLMD Tracts Council Districts District 1 District 2 District 3 District 4 District 5 District 6 District 7 5 of 5 ACCT NO. P.W. FILE NO. CONSTR. ENG.: OFFICE ENG: CITY ENGINEER: DR. BY: SHEET NO 5 CH. By: SHEETS DATE: CITY OF FRESNO ‐ Public Works Department REF. & REV. BOUNDARY MAP OF LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 1 A. AGUIRRE 5/29/2019 LANDSCAPE LIGHTING AND MAINTENANCE DISTRICT (LLMD) NO. 1 Public Works Department June 20, 2019 WHAT IS THE LLMD? •The LLMD contains 145 subdivisions that pay an annual assessment for maintenance of landscaped buffers and open space in the subdivisions. •14,870 individual assessments generating $729,700 per year. •Annexed between 1983 and 1996. •No street lighting was ever included in the LLMD. •Rates are fixed without a ballot of property owners. TODAY’S ACTION •Adopt resolutions to initiate proceedings for the annual assessment, and to levy and collect the annual assessments of $729,700. •Set the public hearing for July 25, 2019 at 10:00am. •Annually considered and approved by the Council. LLMD AND CFD HISTORY •1972 – Landscape and Lighting Maintenance Act •In 1982, the Mello-Roos Community Facilities Act of 1982 (Government Code §53311-53368.3) was created to provide an alternate method of financing needed improvements and services. •While older neighborhoods featured homes fronting major streets, neighborhoods in the 1980’s and 1990’s backed up to major streets with landscaped buffers, creating a maintenance obligation that cities did not want to take on with limited General Fund revenues. •Pre-1996, LLMD increases approved annually by Council. •With Prop 218, LLMD rates could not be adjusted without a vote of the property owners. •1997 - Community Facilities District No. 2 formed with annual escalators in the maximum special tax. •2005 – CFD 11 formed to include concrete, lighting, paving, special features. •2008 – CFD 9 formed for multi-family, commercial and industrial. Current Condition of LLMD’s LLMD •Serviced Every 60 Days by Private Contractor •Missing Plant Material (Shrubs and Trees) •Outdated and Inefficient Irrigation Systems •Average LLMD Assessment Per Unit, $49.05 CFD •Serviced weekly for turf areas, monthly for shrubs & trees •CFD 11 handles street lighting, concrete, paving •Average CFD 2 Assessment Per Unit, $146.40 •Average CFD 11 Assessment Per Unit, $235.22 Current Condition of Various LLMD’s CFD and LLMD locations Citywide Current Condition of Various CFD’s Current Condition of Various CFD’s Options for LLMD tracts with fixed rates 1. Status quo – fixed rates will eventually cause service reductions to 90 day and 120 day cycles as labor costs rise. 2. Mailed ballot elections, requiring support by a majority of the responders. a. District-wide b. Regions of the LLMD c.Individual neighborhoods Voter Approved Prop 218 Increase Tract 3884, West and Minarets •Neighborhood, grass roots effort •$30,000 in Council infrastructure funds used for demonstration project •Replanted over 350 Shrubs •Replanted over 50 Trees •Water Efficient Irrigation System Installed •Decorative Bark Added Throughout •Decorative Landscape Boulders Added •4” x 8” Cobble Added to Entrance Islands •Rates Increase from $56.40/year to $210.74/year for 3 years, then reduced to $97.99/year with an annual escalator based on Construction Cost Index •Approved by City Council in June 2018 Voter Approved Prop 218 Tax Increase Trach 3884, West and Minarets BEFORE AFTER Voter Approved Prop 218 Tax Increase Trach 3884, West and Minarets BEFORE AFTER LLMD QUESTIONS & DISCUSSION Public Works Department June 20, 2019 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID19-1795 Agenda Date:6/20/2019 Agenda #:3-E REPORT TO THE CITY COUNCIL June 20, 2019 FROM:SCOTT L. MOZIER, PE, Director Public Works Department THROUGH:RANDALL W. MORRISON, PE, Assistant Director Public Works Department, Engineering Division BY:JIM POLSGROVE, Supervising Engineering Technician Public Works Department, Project Management Section SUBJECT Actions pertaining to the Ashlan Avenue Overlay Project from West Avenue to Valentine Avenue -Bid File No 3607 (Council District 1) 1.Adopt a finding of Categorical Exemption per staff determination,pursuant to Section 15301(c) of the CEQA guidelines 2.Award a construction contract in the amount of $1,325,116.60 to Dave Christian Construction Co., Inc. RECOMMENDATIONS Staff recommends the City Council adopt a finding of Categorical Exemption pursuant to Section 15301(c)of the CEQA guidelines,award a construction contract in the amount of $1,325,116.60 to Dave Christian Construction Co.,Inc.of Fresno,California,as the lowest responsive and responsible bidder for the Ashlan Avenue Overlay Project from West Avenue to Valentine Avenue and authorize the Public Works Director or designee to sign the contract on behalf of the City of Fresno. EXECUTIVE SUMMARY The City of Fresno seeks to perform street rehabilitation along Ashlan Avenue between Valentine Avenue and West Avenue,as well as replace curb ramps,signal loop detectors,signage and striping. The proposed project consists of grinding existing asphalt,placing an asphalt pavement overlay, reconstructing curb ramps to comply with the Americans with Disabilities Act,replacement of damaged traffic detector loops and pavement striping.The project is funded by a Federal grant from the Regional Surface Transportation Program (RSTP). City of Fresno Printed on 3/17/2023Page 1 of 3 powered by Legistar™ File #:ID19-1795 Agenda Date:6/20/2019 Agenda #:3-E BACKGROUND The Ashlan Avenue Overlay Project from West Avenue to Valentine Avenue was initiated in FY17 when the City was awarded a Federal grant from the Regional Surface Transportation Program (RSTP).The grant funds were obligated and the project was budgeted in the adopted FY17 Capital Budget by City Council.The design started following the execution of the consultant contract with Peters Engineering Group,Inc.on April 27,2017.The preliminary engineering design took approximately 24 months to complete. On April 10,2019 a Notice Inviting Bids was posted on the City’s website and faxed to ten (10) building exchanges.The specifications were distributed to forty two (42)prospective bidders.Five (5)sealed bid proposals were received and opened in a public bid opening on May 7,2019.Bids ranged from $1,325,116.60 to $1,529,649.30.Dave Christian Construction Co.,Inc.from Fresno, California which submitted the bid in the amount of $1,325,116.60 was determined to be the lowest responsive and responsible bidder for the project.The bids will expire in 64 days of the bid opening on July 10,2019.If the bids are rejected or expire,the project will be rebid resulting in a delay of approximately 60 days. Staff recommends City Council award a construction contract for $1,325,116.60 to Dave Christian Construction Co.,Inc.from Fresno,California as the lowest responsive and responsible bidder for the Ashlan Avenue Overlay Project from West Avenue to Valentine Avenue and authorize the Public Works Director or designee to sign the contract on behalf of the City of Fresno. ENVIRONMENTAL FINDINGS Staff performed a preliminary environmental assessment of this project and determined that it falls within the Categorical Exemption set forth in CEQA Guidelines,Section 15301(c)Class 1,which exempts the repair and maintenance of existing facilities that involves negligible or no expansion of an existing use.This exemption applies because this project involves the reconstruction of an existing roadway and does not involve the expansion of the roadway to accommodate additional traffic.The purpose of the project is to replace the surface pavement and provide a smooth riding surface for the motorists.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 The local preference was not implemented because this Project is funded with Federal grant funds. FISCAL IMPACT The Ashlan Avenue Overlay Project from West Avenue to Valentine Avenue is located in Council District 1.The overall cost of the project is $1,716,728.26 and is funded by a Federal RSTP grant. The project will have no impact to the General Fund.Of the overall budget of the project, $1,325,116.60 will be used for the construction contract award. Attachments: Bid Evaluation Fiscal Impact Statement City of Fresno Printed on 3/17/2023Page 2 of 3 powered by Legistar™ File #:ID19-1795 Agenda Date:6/20/2019 Agenda #:3-E Vicinity Map Standardized Contract City of Fresno Printed on 3/17/2023Page 3 of 3 powered by Legistar™ FISCAL IMPACT STATEMENT PROGRAM: PW00789 - Ashlan Avenue Overlay – West Avenue to Valentine Avenue TOTAL OR ANNUALIZED RECOMMENDATION CURRENT COST Direct Cost Indirect Cost 1,325,116.60 391,611.66 TOTAL COST 1,716,728.26 Additional Revenue or Savings Generated Net City Cost 1,716,728.26 Amount Budgeted (If none budgeted, identify source) 1,608,800.00 Indirect Cost Breakdown Preliminary Engineering – $147,300.00 Construction Engineering – 111,800.00 Contingency (10%) – 132,511.66 TOTAL – $391,611.66 This project is fully funded by a Federal grant from the Regional Surface Transportation Program (RSTP). K:\FORMS\EVALUATIONWithDBE City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID19-1864 Agenda Date:6/20/2019 Agenda #:3-F REPORT TO THE CITY COUNCIL June 20, 2019 FROM:CITY COUNCIL SUBCOMMITTEE ON HOMELESSNESS (Councilmembers Luis Chavez, Miguel Arias and Garry Bredefeld) LEE BRAND, Mayor Office of the Mayor & City Manager BY:H. SPEES, Director, Strategic Initiatives Office of the Mayor & City Manager SUBJECT ***RESOLUTION - Adopting a Resolution to Establish Priorities in Addressing Homelessness (Subject to Mayor’s Veto) RECOMMENDATION Adopt a Resolution establishing priorities in addressing homelessness (see Attachment A) which will serve as the basis for council action and future multi-sector collaboration in the greater Fresno community. EXECUTIVE SUMMARY The City-through the Mayor and the Council Subcommittee on Homelessness-and the County of Fresno-through the County Administrative Officer and Nathan Magsig, Chair of the Fresno County Board of Supervisors and Supervisor Buddy Mendes-agreed to jointly recommend to their respective governing bodies a set of 14 priorities for homeless services included in the attached resolution. The County passed its resolution on June 4, 2019. Adopting this resolution provides the foundation for the City and County to jointly establish a collective impact structure that will link and align public and private leaders, organizations and resources committed to addressing homelessness. BACKGROUND In November 2017, the Mayor requested that the Fresno-Madera Continuum of Care, the Fresno City of Fresno Printed on 3/17/2023Page 1 of 3 powered by Legistar™ File #:ID19-1864 Agenda Date:6/20/2019 Agenda #:3-F Housing Authority, the County of Fresno and the City of Fresno join together to develop strategies to reduce homelessness. Periodic updates have been made to your Council as a community-wide process has resulted in a comprehensive framework to homelessness. That framework recommended a more thorough collaboration between the City and County of Fresno and all other stakeholders. On December 6, 2018, the Council adopted a resolution declaring a shelter crisis in the City of Fresno and further resolved to apply for $3,105,519 in State HEAP Funding for Homeless Services as required by the California Homeless Coordinating and Financing Council for the Homeless Emergency Aid Program grant funding. The acceptance and use of these funds also requires the coordination of efforts between the City, County and other local stakeholders. On May 15, 2019, your Council Subcommittee on Homelessness and the Mayor met with members of the Fresno County Board of Supervisors and the County Administrative Officer to establish a set of priorities that, jointly adopted, form the basis for a community-wide collaborative spearheaded by both the City and County to develop and implement a comprehensive plan to address homelessness. The City and County’s Homelessness Priorities address jurisdictional boundaries, transportation, outreach, housing, data, direct services, and the preservation of public health and public safety. The recommended priorities, as outlined below, are intended to be a comprehensive list (based on research across Fresno City and County and the additional 14 incorporated cities), and is to be considered a living document, updated as necessary based on data-driven outcomes or at least once a calendar year. 1.Address jurisdictional overlaps (local, State, Federal, and private) collaboratively. 2.Increase transportation to outpatient programs and regular prenatal/medical care for pregnant and parenting women and children who are homeless. 3.Roving formalized coordinated community outreach and in conjunction with law enforcement, through Fresno Madera Continuum of Care or otherwise, to ensure that efforts are aligned and data is tracked. 4.Assistance to build housing stock, increasing safe overnight housing (24-48 hours), and a centralized approach to single room occupancy units. 5.Priority access to emergency housing for pregnant and parenting women and their children also families with children with significant medical issues as it is difficult to manage the continuum of care when the family is homeless. 6.Real time accurate number of shelter beds available and increase the number of non-faith based shelters. 7.Additional “wet” shelters that do not require the person to participate in a program, person can be high or drunk to use the facility and not be turned away. 8.Education regarding available services and shareable system to track linkages 9.Improved data on the homeless such as length of homelessness (acute vs chronic), cause of the homelessness, is it a family, individual, minor without family support. 10.A formalized assessment of housing and shelter needs in rural communities. 11.Strong centralized structure for homeless funding and service decisions and expanded distribution of funding opportunities. 12.Comprehensive case management for homeless clients and improved access to primary healthcare and medication for chronic diseases; perhaps partnering with Federally Qualified Health Clinic or UC San Francisco. City of Fresno Printed on 3/17/2023Page 2 of 3 powered by Legistar™ File #:ID19-1864 Agenda Date:6/20/2019 Agenda #:3-F 13.Increased substance use disorder services and mental health services throughout county. 14.Enforce ordinances that address hazardous or unsanitary conditions, which constitute fire, health, and/or safety risks. ENVIRONMENTAL FINDINGS Any CEQA findings or other regulatory requirements will be included with specific project agreements brought to your Council. LOCAL PREFERENCE N/A FISCAL IMPACT There is no increase in Net City Cost associated with the recommended action. There is no matching contribution requirement for these funds. Attachment: Attachment A - Resolution to Adopt Priorities Addressing Homelessness City of Fresno Printed on 3/17/2023Page 3 of 3 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID19-1872 Agenda Date:6/20/2019 Agenda #:3-G REPORT TO THE CITY COUNCIL June 20, 2019 FROM:CITY COUNCIL SUBCOMMITTEE ON HOMELESSNESS (Councilmembers Luis Chavez, Miguel Arias and Garry Bredefeld) LEE BRAND, Mayor Office of the Mayor & City Manager BY:H. SPEES, Director, Strategic Initiatives Office of the Mayor & City Manager SUBJECT Approve Agreement with Focus Strategies in the amount of $155,000 for Homeless Emergency Aid Program Project Management Services RECOMMENDATION Recommend Council approve Agreement for Consultant Services between the City of Fresno (City) and Focus Strategies (Consultant)for Project Management Services for the Homeless Emergency Aid Program (HEAP) in the amount of $155,000, effective July 1, 2019, through June 30, 2021. EXECUTIVE SUMMARY On March 14,2019,City Council approved a Revised Spending Plan for City of Fresno’s Homeless Emergency Aid Program (HEAP)funds in the amount of $3,105,519.90 in HEAP Funding awarded by the State of California Coordinating and Financing Council to the City of Fresno December 20,2018. This spending plan (see Attachment A)includes funding for five (5)homeless services projects and one (1)program management contract designed to assist the City in providing program management of the five (5) homeless service projects. Responsibilities of the contractor will include:1.)Procurement assistance;2.)Oversight and supervision of projects;3.)Program evaluation,assessment and reporting;4.)Timely processing of invoices;5.)Regular reporting to the HEAP Management Team;6.)Periodic interface with Fresno City Council and other entities;7.)Grants management communications and reporting with the State of California. (See Attachment B) City of Fresno Printed on 3/17/2023Page 1 of 2 powered by Legistar™ File #:ID19-1872 Agenda Date:6/20/2019 Agenda #:3-G BACKGROUND These expenditures required an RFP Process providing potential contractors the opportunity to present proposals. Two proposals were reviewed prior to final selection. City Attorney has reviewed and approved Exhibits A and B (see attached). ENVIRONMENTAL FINDINGS This item is not a project as defined by the California Environmental Quality Act. LOCAL PREFERENCE Local preference was not implemented because of state funding. FISCAL IMPACT There is no increase in Net City Cost associated with the recommended action.There is no matching contribution requirement for these funds. Funds will be available for homeless services through June 30, 2021. Attachments: Attachment A - Revised Mayor/Council HEAP Spending Plan Attachment B - Agreement for Consultant Services between City of Fresno and Focus Strategies to provide professional project management services for Homeless Emergency Aid Program City of Fresno Printed on 3/17/2023Page 2 of 2 powered by Legistar™ Attachment A Mayor/Council HEAP Spending Plan Revised: March 14, 2019 Homeless Services Definition Mayor/Council Subcommittee’s Recommendation Triage Center Provides 24/7 housing-focused emergency low-barrier shelter with on-site services including diversion, connection to community resources, housing placement and stabilization of health issues; approx. $20k/bed/year for 2 years; 1:20 client/staff ratio; 37 beds in multiple sites. Admissions limited to those experiencing street homelessness in City of Fresno; funding available to organizations operating a triage center but with a total occupancy not to exceed 50. Subject to stipulations. $1,480,000.00 Outreach Fund Homeless Outreach Team (HOT) to work with HTF and others in resolving encampments, connecting homeless individuals and families on the streets with Triage Centers; Also work with staff of Triage Centers to provide outreach in conjunction with Sanitation Division around Triage Centers. Includes $84,000 for recalibration of HERO Team ($28,000/month for 3 months); $672,000 for newly designed HOT Team ($28,000 per month for 24 months). $756,000.00 Homeless Employment Program Neighborhood mitigation to create a pilot work program for employing homeless individuals. ($50,000 per year for 2 years) $100,000.00 Homeless Family Services Coordinated diversion, connection to community resources, housing placement, health stabilization and other services designed to address homelessness in families ($151,121.50 per year for 2 years) $314,243.00 Homeless Youth Services (This exceeds the State required minimum set aside of 5%) $300,000.00 Subtotal $2,950,243.00 Administration (Maximum 5%) Homeless Services Total COF Admin $155,276.00 COF Homeless Services $2,950,243.00 $3,105,519.00 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID19-1855 Agenda Date:6/20/2019 Agenda #:3-H REPORT TO THE CITY COUNCIL June 20, 2019 FROM:MICHAEL CARBAJAL, Director Department of Public Utilities THROUGH:BUD TICKEL, Assistant Director - Water Department of Public Utilities - Water Division BY:CHRISTOPHER CARROLL, Water System Supervisor Department of Public Utilities - Water Division SUBJECT Award a service contract to Partners In Control,Inc.,dba Enterprise Automation,in the amount of $622,069 for the City of Fresno’s Tank 3 Surface Water Treatment Facility CitectSCADA/Wonderware Historian Upgrade and Configuration Integration (Council District 4) (RFP 3658) RECOMMENDATIONS Staff recommends that City Council award a service contract to Partners In Control,Inc.,dba Enterprise Automation (Enterprise Automation),in the amount of $622,069 for the City of Fresno’s (City’s)Tank 3 (T3)Surface Water Treatment Facility (Facility)Citect Supervisory and Data Acquisition (SCADA)/Wonderware Historian Upgrade and Configuration Integration (Project)and authorize the Director of Public Utilities, or designee, to sign the contract on behalf of the City. EXECUTIVE SUMMARY The Department of Public Utilities (DPU),Water Division,solicited proposals for integration services to upgrade existing Vijeo CitectSCADA software version,make software functional for the application, upgrade existing Vijeo Historian to Wonderware Historian,upgrade Programmable Logic Controllers (PLC’s)to current version of Unity Pro,upgrade Human Machine Interface (HMI)configurations,and upgrade network configurations as necessary for the T3 Facility.Proposals included integration to establish a remote client that can remotely operate the T3 Facility.No hardware shall be provided by Enterprise Automation.Staff recommends that City Council award a service contract to Enterprise Automation in the amount of $457,554 for the original scope of work items,and $164,515 for the optional scope of work items provided by Enterprise Automation,for a total award amount of $622,069. City of Fresno Printed on 3/17/2023Page 1 of 3 powered by Legistar™ File #:ID19-1855 Agenda Date:6/20/2019 Agenda #:3-H BACKGROUND This Project will upgrade the existing SCADA control and network systems at the existing T3 Facility. Along with the installation of new control and networking hardware,this Project will allow for efficient operations,maintenance,and regulatory compliance by DPU Water Division staff.This Project will provide significant improvements to the existing SCADA systems located at the T3 Facility.The Project will also allow the T3 Facility to be operated remotely,as approved by the State Water Resources Control Board (SWRCB),and has a potential to save the Water Division a significant amount in staffing costs.Currently,the T3 Facility operates on an outdated,unreliable,and improperly deployed SCADA system.This system was installed by a developer-retained contractor in 2012 and does not meet current Water Division standards for control,operational efficiency,or automatic regulatory reporting. Plans and Specifications were prepared for this Project.A Notice Inviting Proposals was published on April 12,2019,and posted on the City’s Planet Bids website.The Specifications were distributed to seven prospective proposers and posted at seven Builder Exchanges.A mandatory proposal conference was held on May 1,2019.Three prospective proposers attended.One sealed proposal was received and publicly opened on May 21,2019.Staff believes this is due to not only the complex nature of this Project,but also due to the required experience of the proposers and their staff.The City has a unique combination of concurrent systems and staff believes that there are very few integrators nationwide who have the required expertise and certification to successfully accomplish such an integration.Enterprise Automation has met all of the requirements.The proposals will expire 120 days after proposal opening, which will be on September 18, 2019. Enterprise Automation was found to be the lowest responsive and responsible proposer,with the bid amount of $457,554 for the original scope of work items.The proposer has also included optional scope of work items for an additional $164,515.The staff determination was posted on the City’s Planet Bids website on June 5,2019.Staff recommends that City Council award a service contract to Enterprise Automation in the amount of $457,554 for the original scope of work items,and $164,515 for the optional scope of work items provided by Enterprise Automation,for a total award amount of $622,069,as the lowest responsive and responsible proposer.Their proposal,including additional scope of work, is 10% below the engineer’s estimate of $692,000. ENVIRONMENTAL FINDINGS By the definition provided in the California Environmental Quality Act (CEQA)Guidelines Section 15378, the award of this contract is not a “project” as defined by CEQA. LOCAL PREFERENCE Local preference was not implemented as one proposal was received. FISCAL IMPACT There is no impact to the General Fund.This Project is located in Council District 4.Funds for this Project have been appropriated in the Water Division’s Fiscal Year 2019 Capital Improvement Program budget within the Water Enterprise Fund 40101. City of Fresno Printed on 3/17/2023Page 2 of 3 powered by Legistar™ File #:ID19-1855 Agenda Date:6/20/2019 Agenda #:3-H Attachments: Attachment 1 - Listings of Proposers Attachment 2 - Report from Evaluation Committee Attachment 3 - Summary of Information Submitted by Proposers Attachment 4 - Sample Contract City of Fresno Printed on 3/17/2023Page 3 of 3 powered by Legistar™ REPORT FROM EVALUATION COMMITTEE REQUEST FOR PROPOSAL TANK 3 (T3) SURFACE WATER TREATMENT FACILITY CITECTSCADA/WONDERWARE HISTORIAN UPGRADE AND CONFIGURATION UPGRADE RFP 3658 COMMITTEE MEMBERS: CHRISTOPHER CARROLL, Water Systems Supervisor, DPU GLENN KNAPP, Professional Engineer, DPU GREG PAUL, Interim Chief of Water Operations (Contractor), DPU AARON LUONG, Procurement Specialist, Finance Department BACKGROUND: The goal of this Request for Proposal (RFP) was to solicit proposals to upgrade, integrate and configure the Citect Supervisory Control And Data Acquisition (SCADA) control and networking systems at the existing Tank 3 (T3) facility. Along with the installation of new control and networking hardware, this Project will allow for efficient operations, maintenance, and regulatory compliance by DPU Water Division staff. One sealed bid proposal was received. Staff believes this is due to not only the complex nature of this Project, but also due to the required experience of the proposers and their staff. The City of Fresno has a unique combination of concurrent systems and staff believes that there are very few integrators nationwide who have the required expertise and certification to successfully accomplish such an integration. Evaluation of Integrator’s proposals were based on: ability; conformance to requirements, terms and conditions of RFP; financial stability; past performance and expertise; qualifications of key personnel; employee training and certification; and quality of scope of work proposed as well as cost. EVALUATION BY COMMITTEE: Partners in Control, Inc., dba Enterprise Automation: Only one proposal was received for this RFP. This proposer conformed to all the RFP requirements, and provided all documentation as requested. The proposer has many past projects in the water industry, including experience with the City of Fresno Water Division. They have the ability to execute this Project with ample staff that is qualified and certified for this specific process. The references were checked and response was good. The proposal cost is $457,554.00 for the original scope of work items, and $164,515.00 for optional scope of work items provided by Enterprise Automation, for a total amount of $622,069.00. RECOMMENDATION 1. The Committee recommends award of a contract, including optional scope provided, to Partners in Control, Inc., dba Enterprise Automation. Their proposal meets all RFP requirements and offers a good value to the City. 2. Enterprise Automation has demonstrated the quality of their services to the Water Division on past and present projects. Their service will provide the best value for the City and its affected employees, in their ability and commitment to allow the City to continue to provide safe, clean drinking water, and meet stringent State water regulatory requirements. Attachment: Summary of Information Submitted by Proposers SUMMARY OF INFORMATION SUBMITTED BY PROPOSERS REQUEST FOR PROPOSAL TANK 3 (T3) SURFACE WATER TREATMENT FACILITY CITECTSCADA/WONDERWARE HISTORIAN UPGRADE AND CONFIGURATION UPGRADE RFP 3658 Evaluation Criteria Partners in Control, Inc., dba Enterprise Automation Cost $622,069.00 Ability to meet service requirements Meets all Qualifications/Certs Scope is thorough. Excellent ability to meet requirements based on Scope and past experience Past Performance & Experience Applicable past experience with multiple projects Conformance to the terms and conditions of RFP Yes Financial Stability as based on SOQ Yes Other Recommend Award RFP 12-28-17-2017 PROPOSAL SECTION PAGE 25 SAMPLE SERVICE CONTRACT THIS CONTRACT is made and entered into by and between the 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 Proposals," "Instructions to Proposers," "Proposal" and the "Specifications" including "General Conditions," "Special Conditions", “Federal Conditions”, “Functional Specifications” and “Technical Requirements” for the following: [Title] (Request for Proposals No. [Number]) copies of which are annexed hereto, together with all the documents specifically referred to in said annexed documents, including the Performance Bond, if required, are hereby incorporated into and made a part of this Contract, and shall be known as the Contract Documents. 2. PRICE. For the monetary consideration of [WRITTEN $ AMOUNT] DOLLARS AND [WRITTEN CENTS AMOUNT] CENTS ($[DOLLAR AMOUNT]), as set forth in the Proposal, Contractor promises and agrees to perform or cause to be performed, in a good and workmanlike manner, and to the satisfaction of City, and in strict accordance with the Specifications, all of the work as set forth in the Contract Documents. 3. PAYMENT. City accepts Contractor's 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: 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 actively or passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused solely by the gross negligence, or caused by the willful misconduct, of the 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. ///// ///// ///// ///// RFP 12-28-17-2017 PROPOSAL SECTION PAGE 26 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], Purchasing Manager Finance Department Dated: ATTEST: YVONNE SPENCE MMC CRM City Clerk By: Deputy Date APPROVED AS TO FORM: DOUGLAS T. SLOAN City Attorney By: Deputy/Senior Deputy City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID19-1856 Agenda Date:6/20/2019 Agenda #:3-I REPORT TO THE CITY COUNCIL June 20, 2019 FROM:MICHAEL CARBAJAL, Director Department of Public Utilities THROUGH:DEJAN PAVIC, PE, Public Utilities Manager Department of Public Utilities - Utilities Planning & Engineering BY:PATRICIA DIEP, Supervising Engineering Technician Department of Public Utilities - Utilities Planning & Engineering SUBJECT Actions pertaining to the design of the Recycled Water Distribution System,Southwest Quadrant (Council District 3 and Fresno County) 1.Approve the Fourth Amendment to the Professional Consultant Services Agreement with Blair, Church & Flynn Consulting Engineers, in the amount of $285,900 2.Authorize the Director of Public Utilities,or designee,to sign the Fourth Amendment on behalf of the City of Fresno RECOMMENDATION Staff recommends that City Council approve the Fourth Amendment to the Professional Consultant Services Agreement (Agreement)in the amount of $285,900 with Blair,Church &Flynn Consulting Engineers (Consultant)for modifications to the pipeline design of the Recycled Water Distribution System (RWDS),Southwest Quadrant (Project);and authorize the Director Public Utilities,or designee, to execute the amendment of behalf of the City of Fresno (City). EXECUTIVE SUMMARY On July 2,2013,the City and the Consultant entered into an agreement for consulting engineering work associated with the RWDS,Southwest Quadrant.The progression and maturing of multiple projects of the recycled water system have necessitated three modifications to the scope of work for design and services during construction for the RWDS,Southwest Quadrant,to expand the scope of work including,but not limited to,providing conformed construction documents,engineering services during construction,and construction compliance mitigation monitoring support.The Fourth Amendment to the Agreement with the Consultant is needed to incorporate these scope of work City of Fresno Printed on 3/17/2023Page 1 of 3 powered by Legistar™ File #:ID19-1856 Agenda Date:6/20/2019 Agenda #:3-I modifications and complete the construction of the RWDS, Southwest Quadrant. BACKGROUND In 2009,the State of California adopted a recycled water policy establishing a mandate to increase the use of recycled water in California by 200,000 acre-feet per year by 2020 and an additional 300,000 acre-feet per year by 2030.The Recycled Water Master Plan prepared by the Department of Public Utilities identifies opportunities to assist with compliance with this law by reducing groundwater pumping and replacing groundwater with recycled water for non-potable purposes (i.e. outdoor irrigation,dust control,fountains,etc.).On April 11,2013,the Council adopted the Recycled Water Master Plan and associated environmental documents. On July 2,2013,the City and the Consultant entered into a $3,324,000 Agreement for consulting engineering services associated with the RWDS,Southwest Quadrant.On June 16,2016,City Council approved the First Amendment to the Agreement with the Consultant in the amount of $674,240.On January 12,2017,City Council approved the Second Amendment to the Agreement with the Consultant in the amount of $141,540.On September 1,2017,City Council approved the Third Amendment to the Agreement with the Consultant in the amount of $940,280.The progression and maturing of multiple projects of the recycled water system have necessitated three modifications to the scope of work for design and services during construction for the RWDS,Southwest Quadrant, to expand the scope of work including,but not limited to,providing conformed construction documents,engineering services during construction,and construction compliance mitigation monitoring support.The original Agreement,the First Amendment,the Second Amendment,and the Third Amendment with the Consultant total $5,080,060.With the approval of the Fourth Amendment, the total value of the contract will increase to $5,365,960.The City Attorney’s Office has reviewed the Fourth Amendment and approved as to form.Upon approval by the City Council,the Fourth Amendment will be executed by the Director of Public Utilities, or designee. ENVIRONMENTAL FINDINGS By the definition provided in the California Environmental Quality Act (CEQA)Guidelines Section 15378,an amendment to a consultant agreement for design services does not qualify as a “project” for the purposes of CEQA. LOCAL PREFERENCE Local preference does not apply to this action because this is an amendment to an existing agreement. FISCAL IMPACT There is no impact to the General Fund.This Project is located in Council District 3 and portions of Fresno County.The RWDS Project is identified in the Wastewater Management Division’s Capital Improvement Plan and current rate structure.This amendment will be funded from the RWDS, Southwest Quadrant,State Revolving Fund Low Interest Loan Fund 40528 included in the Fiscal Year 2019 budget. No additional appropriations are needed for this amendment. City of Fresno Printed on 3/17/2023Page 2 of 3 powered by Legistar™ File #:ID19-1856 Agenda Date:6/20/2019 Agenda #:3-I Attachments: Attachment 1 - Fourth Amendment to the Agreement Attachment 2 - Original Agreement, First, Second, and Third Amendments City of Fresno Printed on 3/17/2023Page 3 of 3 powered by Legistar™ AGREEMENT CITY OF FRESNO,CALIFORNIA CONSULTANT S ERVICES THIS AGREEMENT is made and entered into effective the~ay Of~0 13 ,by and between the CITY OF FRESNO, a California municipal corporation (hereinafter referred to as "CITY"), and Blair, Church and Flynn Consulting Engineers, A California Corporation (hereinafter referred to as "CONSULTANT"). RECITALS WHEREAS, CITY desires to obtain professional engineering services for the design of plans and general construction contract documents for multiple projects for the Recycled Water Distribution System Design, hereinafter referred to individually and collectively as the "Project," and WHEREAS, CONSULTANT is engaged in the business of furnishing technical and expert services as a Professional Engineer and hereby represents that it desires to and is professionally and legally capable of performing the services called for by this Agreement; and WHEREAS, CONSULTANT acknowledges that this Agreement is subject to the requirements of Fresno Municipal Code Section 4-107 and Administrative Order No. 6-19; and WHEREAS, this Agreement will be administered for CITY by its Director of Public Utilities (hereinafter referred to as "Director") or his/her designee. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and of the covenants, conditions, and promises hereinafter contained to be kept and performed by the respective parties, it is mutually agreed as follows: 1.Scope of Services. Completion Schedule and Liquidated Damages. CONSULTANT shall perform the services described herein and in Exhibit A to complete the Project more fully described in Exhibit A, and this shall include all work incidental to, or necessary to perform, such services even though not specifically described in Exhibit A. The services of CONSULTANT shall consist of five Parts, as described below, for each individual Project identified by "Project 10"in Table 1 of Exhibit A. A separate Notice to Proceed will be issued for each of the aforementioned Parts and for each of the listed Projects under such "Project 10."CITY may elect to contract for one or more of such listed Projects at any time and in any order. By entry into this Agreement and upon CITY'S issuance of a written "Notice to Proceed," CITY contracts for the services in Part One for Project 10 "SW 1A" as identified in Table 1 of Exhibit A. CONSULTANT shall not perform any other Part or Project of the Agreement, and this Agreement shall not be a contract for any other Part or listed Project, until further performance is authorized by CITY'S issuance of a written "Notice to Proceed." It shall, however, remain CONSULTANTS offer to perform all remaining parts and Projects as described herein. In the event CONSULTANT performs services without CITY'S prior written authorization, CONSULTANT will not be entitled to compensation for such services. -1- (a) Part One. Schematic Design Phase. (1 ) CONSULTANT shall, after a written Notice to Proceed for the respective Project, review the description of the Project set forth in Exhibit A and consult with designated representatives of CITY to ascertain the requirements for the Project. (2) CONSULTANT shall complete a topographic survey in accordance with the detailed minimum survey requirements set "forth in Exhibit A. The topographic survey shall include sufficient detail for the design of the Project,to establish pertinent right-of-way and property lines, and as necessary to obtain the acceptance of CITY. CONSULTANT shall provide CITY with an electronic file of the topographic survey in the following format: PDF Format. (3) CONSULTANT shall conduct studies and investigations as necessary to confirm requirements of design including, but not limited to, (i) consulting with the various utility agencies, and (ii) obtaining all information and data from the respective responsible CITY department/division that is available in CITY'S records and is required by CONSULTANT in connection with the consulting services including, but not limited to, maps, reports, information, restrictions and easements. (4) CONSULTANT shall provide a preliminary evaluation of the Project taking into consideration CITY'S estimate of the cost of construction ("Construction Budget") for the respective Project 10 as set forth in Table 3 of Exhibit A, including alternative approaches to design and construction of the Project. (5) Based upon the mutually agreed upon Project requirements and any adjustments authorized by CITY in the Construction Budget, CONSULTANT shall design and prepare schematic design drawings and other documents for review, modification, if required, and acceptance by CITY staff sufficient to show the concept and scope of the proposed Project and the scale and relationship of Project components. (6) CONSULTANT shall submit a preliminary estimate of construction cost for review and acceptance by CITY. As used herein, "construction cost" means the cost of construction under the general construction contract for the Project and does not include CONSULTANT'S compensation as herein provided. Such estimate shall include, and shall separately state, the cost of any add or deduct alternatives,the cost of any work which may be let on a segregated bid basis and any equipment or fixtures which may be incorporated in or excluded from the general construction contract as may be necessaryto stay within the Construction Budget. (7) CONSULTANT shall make as many submittals as may be necessary or desirable to obtain the acceptance by CITY and shall assist CITY in applying for and obtaining from applicable public agencies any approval permit, or waiver required by law, which assistance shall include, but not be limited to, making Project information available to CITY. -2 - (8) CONSULTANT may not rely upon any as-builts provided by CITY, but shall investigate the existing conditions and ascertain the adequacy of such as-builts for CONSULTANTS design. CONSULTANT shall bring to CITY'S attention any discrepancies in the as-builts that are discovered by CONSULTANT. CITY makes no representations regarding any as-builts. (9) Services shall be undertaken and completed in a sequence assuring expeditious completion. All services shall be rendered and deliverables submitted within the number of calendar days, as listed under "Submit" in Table 2 of Exhibit A for this Part and the respective Project ID, from the issuance of a Notice to Proceed for this Part unless an extension of time is approved in writing by the Director. Re-submittals, as necessary to obtain the acceptance by CITY, shall be submitted to CITY within the number of calendar days, as listed under "Resubmit" in Table 2 of Exhibit A for this Part and the respective Project ID, from receipt of CITY'S comments unless an extension of time is approved in writing by the Director. (b) Part Two. Design Development Phase. After review and acceptance of the schematic design phase and issuance of a written Notice to Proceed with this Part Two for the respective Project: (1) Based upon the accepted schematic design documents and the Construction Budget, including authorized revisions thereto, CONSULTANT shall prepare for review and acceptance by CITY the design development documents consisting of drawings and other documents to fix and describe the size and character of the Project as necessary to show treatment of significant details. In addition, CONSULTANT shall provide outline specifications of the work as to kinds of materials, systems, and other such design elements as may be required. Such design development documents and specifications shall be subject to review and acceptance by CITY. (2) CONSULTANT shall submit a revised estimate of construction cost for review and acceptance by CITY. The revised estimate shall include, but shall separately state, the cost of any add or deduct alternates, any work which may be let on a segregated bid basis, and any furnishings, equipment or fixtures which may be incorporated in or excluded from the general construction contract as may be necessary to stay within the Construction Budget, including authorized revisionsthereto. (3) In the event that the revised estimate of construction cost exceeds the preliminary estimate of construction cost previously accepted, excluding therefrom any add alternate, any work which may be let on a segregated bid basis and any furnishing, equipment or fixtures which was identified in Part 1 for the respective Project as that which may be excluded from the general construction contract, CITY shall have the option of accepting or rejecting the revised estimate and CONSULTANT shall, at no additional cost to CITY, make such design changes as may be necessary to reduce the revised estimate so that it shall not exceed the preliminary estimate of construction cost previously accepted by CITY. CITY shall not increasethe scope of the Project except by modification of this Agreement which shall include an agreed upon increase in CONSULTANTS compensation. (4) CONSULTANT shall make as many submittals as may be necessary or desirable to obtain the acceptance by CITY and shall assist CITY in -3 - applying for and obtaining from applicable public agencies any approval, permit, or waiver required by law, which assistance shall include, but not be limited to, making Project information availableto CITY. (5) Services shall be undertaken and completed in a sequence assuring expeditious completion. All services shall be rendered and deliverables submitted within the number of calendar days, as listed under "Submit" in Table 2 of Exhibit A for this Part and the respective Project ID, from the issuance of a Notice to Proceed for this Part unless an extension of time is approved in writing by the Director. For each projects' re-submittals, as necessary to obtain the acceptance by CITY, shall be submitted to CITY within the number of calendar days, as listed under "Resubmit" in Table 2 of Exhibit A for this Part and the respective Project ID, from receipt of CITY'S comments unless an extension of time is approved in writing by the Director. (c) Part Three. Construction Document Phase. After review and acceptance of the design development phase and issuance of a written Notice to Proceed with this Part Three for the respective Project: (1) CONSULTANT shall prepare from the accepted design development documents, detailed plans and specifications setting forth the complete work to be done, and the materials, workmanship, finishes and equipment, fixtures, and site work required. CONSULTANT shall also prepare necessary bidding information, general and special conditions of the general construction contract, technical specifications of the general construction contract, and the bid proposal and general construction contract forms. Such documents shall be subject to the review and acceptance by CITY. CONSULTANT shall cooperate with, assist and be responsive to CITY'S Purchasing Manager in preparation of all documents including, without limitation, slip-sheeting final documents for printing when requested. CITY'S Standard Specifications must be used by CONSULTANT where possible. Final drawings shall be drawn, printed or reproduced by a process providing a permanent record in black on vellum, tracing cloth, polyester base film, or high quality bond copy. Bid, general conditions, contract and bond document forms or formats regularly used by CITY shall be used by CONSULTANT unless the Director determines they would be impractical for the Project. CONSULTANT shall be responsible for assuring that the special conditions, technical specifications and any other documents prepared by CONSULTANT are consistent with any documents regularly used by CITY that are used for the Project. (2) Upon request of CITY, CONSULTANT shall provide the calculations used to determine the general construction contract quantities; and structural calculations for the purpose of obtaining any building permits. (3) CONSULTANT shall make as many submittals as may be necessary or desirable to obtain the acceptance by CITY and shall assist CITY in applying for and obtaining from applicable public agencies any approval, permit, report, statement, or waiver required by law, which assistance shall include, but not be limited to, making all Project information available to CITY. (4) CONSULTANT shall provide CITY with 5 sets of completed plans and 5 sets of completed specifications for review and final acceptance by CITY. Should the plans and specifications as submitted by CONSULTANT not be accepted by CITY, -4 - CONSULTANT shall revise the plans and specifications as needed to obtain final acceptance at no additional cost to CITY. (5) After acceptance of final corrections, if any, CONSULTANT shall provide CITY with one set of accepted reproducible tracings and bid documents for the Project. In addition, CONSULTANT shall provide CITY with one complete set of CAD/System disk files of drawings and complete disk files of specifications in the following format: dwg. and PDF. (6) CONSULTANT shall submit a final estimate of construction cost for review and acceptance by CITY. Such estimate shall be calculated as of the date all general construction contract documents are delivered to CITY in final form ready for reproduction and advertising for the respective Project. Such estimate shall include, but shall separately state, the cost of any add or deduct alternates, any work which may be let on a segregated basis, and any equipment, or fixtures which may be incorporated in or excluded from the general construction contract. (7) In the event that the final estimate of construction cost exceeds the revised estimate of construction cost previously accepted, excluding therefrom any add alternate, any work which may be let on a segregated bid basis and any furnishings, equipment or fixtures which was identified in the final revised estimate in Part 2 for the respective Project as that which may be excluded from the general construction contract, CITY shall have the option of accepting or rejecting the final estimate. If CITY elects to reject the final estimate, CONSULTANT shall at no additional cost to CITY, make such design changes as may be necessary to reduce the final estimate so that it shall not exceed the revised estimate of construction cost previously accepted by CITY. (8) Services shall be undertaken and completed in a sequence assuring expeditious completion. All services shall be rendered and deliverables submitted within the number of calendar days, as listed under "Submit" in Table 2 of Exhibit A for this Part and the respective Project 10, from the issuance of a Notice to Proceed for this Part unless an extension of time is approved in writing by the Director. Re-submittals, as necessary to obtain the acceptance by CITY, shall be submitted to CITY within the number of calendar days, as listed under "Resubmit" in Table 2 of Exhibit A for this Part and the respective Project 10,from receipt of CITY'S comments unless an extension of time is approved in writing by the Director. (d) Part Four. Bidding Phase. After review and acceptance of the construction document phase and if CITY elects to proceed to bid, which shall constitute a written Notice to Proceed with this Part Four for the respective Project: (1)CONSULTANT shall assist CITY in obtaining bids. CONSULTANT shall not communicate with potential bidders regarding this Project without the express prior written authorization of CITY'S Purchasing Manager. (2) Upon request of CITY, CONSULTANT shall expeditiously draft addendum as determined by CITY to be reasonable or necessary for the bidding process. (3) If the lowest responsible bid received for the general construction contract exceeds by 10%or more the final estimate of construction cost previously -5- accepted by CITY for the respective Project, excluding therefrom any add alternate, any work which may be let on a segregated bid basis and any furnishings, equipment or fixtures which are excluded from the general construction contract, CONSULTANT shall, within 14 days of any request by CITY, revise the plans and specifications as may be necessary to stay within 10% of such final estimate of construction cost, at no additional cost to CITY provided such bid is received within 180 calendar days after completion of services in Section 1(c) of this Agreement for the respective Project. CONSULTANT shall also submit such revised plans and specifications, together with a new final estimate of construction cost, to CITY for review and acceptance. This procedure, using the latest accepted final estimate of construction cost, shall, upon written notice to CONSULTANT from the Director, be repeated until an acceptable bid is received that does not exceed the accepted final estimate of construction cost by more that 10%. (e) Part Five. Construction Phase and General Construction Contract Administration. The construction phase will begin with the award of the general construction contract for the respective Project, which shall constitute a written Notice to Proceed with this Part Five for the respective Project, and will terminate when a Notice of Completion is filed for the respective Project. Upon award of a general construction contract for the respective Project and under the direction of the Director through CITY'S designated Construction Manager for the Project: (1) CONSULTANT shall attend the pre-construction conference and, if called upon by CITY, act on CITY'S behalf in discussing the various aspects of the construction phase. (2) CONSULTANT shall review and recommend in writing to CITY acceptance or non-acceptance of shop drawings, equipment and material submittals of the general construction contractor as required by the general construction contract and applicable laws and regulations in a timely manner. The period for CONSULTANT review shall be as specified in the general construction contract, except if such period is not so specified, the period shall be as determined in the pre-construction conference as mutually agreed upon by CITY, CONSULTANT and the general construction contractor. (3) CONSULTANT shall, at intervals appropriate to the state of construction, familiarize itself with the progress and quality of the work and determine in general if the work is proceeding in accordance with the general construction contract documents, and keep CITY informed of the progress of the work. In the event that CONSULTANT'S visit to the site results in the discovery of any defect or deficiencies in the work of the general construction contractor, CONSULTANT shall immediately advise CITY and document, in writing, the work CONSULTANT deems substandard, and make recommendations where appropriate to reject any work not conforming to the intended design or specifications. Based on CONSULTANT'S best knowledge, information and belief, CONSULTANT shall provide CITY a general written assurance that the work covered by a payment application meets the standards in the general construction contract. As to technical aspects, CONSULTANT shall provide a written judgment of the acceptability of the work for payment applications and final acceptance, subject to CITY'S right to overrule CONSULTANT. (4) Upon written request by CITY, CONSULTANT shall render interpretations of the general construction contract documents necessary for the proper execution or progress of the work. -6- (5) Upon written request by CITY, CONSULTANT shall render written recommendations on change orders, claims, disputes or other questions arising out of the general construction contract, in a timely manner. Recommendations by CONSULTANT in favor of a change order that is consequently accepted by CITY shall constitute approval by CONSULTANT who shall then approve the change order in writing. CONSULTANT shall not unreasonably withhold written approval in the event CITY accepts a change order that CONSULTANT recommended to be rejected. In the event of any technical disputes, CONSULTANT shall provide CITY with CONSULTANT'S written interpretation of the contract documents. The period for CONSULTANT review shall be as specified in the general construction contract, except if such period is not so specified, the period shall be as determined in the pre- construction conference as mutually agreed upon by CITY, CONSULTANT and the general construction contractor. If CITY, CONSULTANT and the respective general construction contractor are unable to mutually agree on such period for CONSULTANT review, then CITY will make the determination and that determination will be final. (6) Upon written request by CITY, CONSULTANT shall provide such design and specification services as may be requested by CITY to implement change orders necessary for clarification or interpretation of the general construction contract documents or which may have resulted from errors or omissions by CONSULTANT. (7) Where change orders arise as a result of an increase in the scope of work or are due to unforeseeable conditions, the parties may modify this Agreement, which modification shall include an agreed upon increase in CONSULTANT'S compensation. (8) Upon written request of CITY, CONSULTANT shall assist CITY in the preparation of Progress Payment Estimates and other related construction reports. (9) CONSULTANT shall prepare Record Drawings by updating the accepted general construction documents in Part 3 to reflect all changes or deviations that occurred during construction as reflected on or from each of the following: (i) the general construction contractor provided in red-lined plans,(ii)those furnished by the CITY, (iii) CONSULTANT provided Request for Information responses, and (lv) any CONSULTANT bulletins, amendments or clarifications. CONSULTANT shall provide CITY with one set of vellum Record Drawings for the Project within the number of calendar days, as listed under "Submit" in Table 2 of Exhibit A for this Part and the respective Project 10,from receipt of red-lined field markups unless an extension of time is approved in writing by the Director. Re-submittals, as necessary to obtain the acceptance by CITY, shall be submitted to CITY within the number of calendar days, as listed under 'Resubmit' in Table 2 of Exhibit A for this Part and the respective Project 10,from the CITY comments unless an extension of time is approved in writing by the Director. In addition, CONSULTANT shall provide CITY with one complete set of CAD/System disk files of Record Drawings in PDF format. 2. CITY'S responsibilities. CITY will: (a) Provide, upon request and cooperation of CONSULTANT, access to, and make all provisions necessary to, enter upon public or private lands as required for CONSULTANT to perform such services and inspections as are required in development of the -7- Project; provided, however, if CITY is unable to obtain access to enter upon.public or private lands, CONSULTANT shall not be relieved from performing its services as to those public and private lands that are accessible. (b) Manage and be responsible for all negotiations with owners in connection with land or easement acquisition and provide all required title reports and appraisals. (c) With the exception of preparing correspondence required for design, hold all required special meetings, serve all public and private notices, receive and act upon all protests, and perform all services customarily performed by owners as are necessary for the orderly progress of the work and the successful completion of the Project, and pay all costs incidental thereto. (d) Select the testing laboratory and pay the cost of borings, samplings, and other work involved in soils testing during construction. (e) Conduct onsite inspection during construction to check quality and quantity of work as conditions warrant and be responsible for assuring that the general construction contractor carries out all construction work in accordance with the plans and specifications. However, this does not release CONSULTANT from its responsibility to make periodic site visits under Section 1(e) for the purpose of observing the work to determine its general conformity with the plans and specifications and reporting its findings to CITY. (f) CONSULTANT. Prepare all change orders during construction in cooperation with (g) Prepare all Progress Payment Estimates in cooperation with CONSULTANT following its general assurance that the work covered by a payment application meets the standards in the general construction contract documents based upon CONSULTANTS best knowledge, information and belief. (h) Pay, or cause to be paid, plan check fees, conditional use permit fees and site plan review fees. (i)Arrange for and pay, or cause to be paid, any fees associated with Environmental Impact Reports or Statements. (j)Give reasonably prompt consideration to all matters submitted by CONSULTANT for acceptance to the end that there will be no substantial delays in CONSULTANTS program of work. For an acceptance, approval, authorization, a request or any direction to CONSULTANT to be binding upon CITY under the terms of this Agreement, such acceptance, approval, authorization, request or direction must be in writing, duly authorized by CITY and signed on behalf of CITY by the Director. 3. Compensation. (a)CONSULTANTS sole compensation for satisfactory performance of all services required or rendered pursuant to this Agreement shall be a total fee of $3,324,000 and a contingency amount not to exceed $100,000 for any additional work rendered pursuant to Subsection (d) below and authorized in writing by the Director. Such fee includes all expenses incurred by CONSULTANT in performance of the services. -8- (b) Detailed statements shall be rendered monthly and will be payable in the normal course of CITY business. Such statements shall.be for an amount no greater than that attributable to the Part and respective Project upon which CONSULTANT is then engaged as provided in Section 3(c) below. (c) For purposes of determining the division of the total compensation to CONSULTANT as provided in Section 3(a) above, or should performance of any succeeding Part or any Project not be authorized by CITY as provided in Section 1 of this Agreement, it is agreed that the total compensation shall be allocated to the five Parts for each respective Project of CONSULTANT'S performance as shown in Table 1 of Exhibit A. Prior to the award of a general construction contract for the respective Project, or should such contract not be awarded, the approved Parts as provided above shall be utilized for purposes of determining the fee due to CONSULTANT. (d) The parties may modify this Agreement to increase or decrease the scope of services or provide for the rendition of services not required by this Agreement, which modification shall include an adjustment to CONSULTANT'S compensation. Any change in the scope of services must be made by written amendment to the Agreement signed by an authorized representative for each party. CONSULTANT shall not be entitled to any additional compensation if services are performed prior to a signed written amendment. Subsequent to the date of completion of Part Three for the respective Project, changes due to Code revisions or enactments adopted after such date shall constitute additional work for such Project subject to this Section 3(d). 4.Term ination,Remedies,Force Majeure,and Consolidation of Disputes. (a) This Agreement shall terminate without any liability of CITY to CONSULTANT upon the earlier of: (i) CONSULTANT'S filing for protection under the federal bankruptcy laws, or any bankruptcy petition or petition for receiver commenced by a third party against CONSULTANT; (ii) 7 calendar days prior written notice with or without cause by CITY to CONSULTANT; (iii) CITY'S non-appropriation of funds sufficient to meet its obligations hereunder during any CITY fiscal year of this Agreement, or insufficient funding for the Project; or (iv) expiration of this Agreement. (b) Immediately upon any termination or expiration of this Agreement, CONSULTANT shall (i)immediately stop all work hereunder; (ii) immediately cause any and all of its subcontractors to cease work; and (iii) return to CITY any and all unearned payments and all properties and materials in the possession of CONSULTANT that are owned by CITY. Subject to the terms of this Agreement, CONSULTANT shall be paid compensation for services satisfactorily performed prior to the effective date of termination. CONSULTANT shall not be paid for any work or services performed or costs incurred which reasonably could have been avoided. (c) In the event of termination due to failure of CONSULTANT to satisfactorily perform in accordance with the terms of this Agreement, CITY may withhold an amount that would otherwise be payable as an offset to, but not in excess of, CITY'S damages caused by such failure. In no event shall any payment by CITY pursuant to this Agreement constitute a waiver by CITY of any breach of this Agreement which may then exist on the part of CONSULTANT, nor shall such payment impair or prejudice any remedy available to CITY with respect to the breach. -9- (d) Upon any breach of this Agreement by CONSULTANT, CITY may (i) exercise any right, remedy (in contract, law or equity), or privilege which may be available to it under applicable laws of the State of California or any other applicable law; (ii) proceed by appropriate court action to enforce the terms of the Agreement; and/or (iii) recover all direct, indirect, consequential, economic and incidental damages for the breach of the Agreement. If it is determined that CITY improperly terminated this Agreement for default, such termination shall be deemed a termination for convenience. (e) CONSULTANT shall provide CITY with adequate written assurances of future performance, upon the request of the Director or his/her designee, in the event CONSULTANT fails to comply with any terms or conditions of this Agreement. (f) CONSULTANT shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of CONSULTANT and without its fault or negligence such as, acts of God or the public enemy, acts of CITY in its contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. CONSULTANT shall notify the Director or his/her designee in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, and shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Director or his/her designee of the cessation of such occurrence. (g) CONSULTANT agrees that, notwithstanding any contrary provision in this Agreement, any dispute arising from or relating to this Agreement (including, without limitation, disputes based on contract, tort, equity or statute) may, at CITY'S option, be joined and consolidated with any other dispute or disputes arising from or relating to the Project so that all disputes arising from or relating to the Project may be resolved in a single proceeding. CONSULTANT hereby specifically waives any objection it may otherwise have to such joinder and consolidation and specifically consents to mediation, arbitration or any other dispute resolution mechanism, forum or proceeding necessary to effectuate the joinder and consolidation contemplated by this provision. 5.Confidential Information, Ownership of Documents and Copyright License. (a) Any reports, information, or other data prepared or assembled by CONSULTANT pursuant to this Agreement shall not be made available to any individual or organization by CONSULTANT without the prior written approval of CITY. During the term of this Agreement, and thereafter, CONSULTANT shall not, without the prior written consent of CITY, disclose to anyone any Confidential Information. The term Confidential Information for the purposes of this Agreement shall include all proprietary and confidential information of CITY, including but not limited to business plans, marketing plans, financial information, designs, drawings, specifications, materials, compilations, documents, instruments, models, source or object codes and other information disclosed or submitted, orally, in writing, or by any other medium or media. All Confidential Information shall be and remain confidential and proprietary in CITY. (b) Any and all original sketches, pencil tracings of working drawings, plans, computations, specifications, computer disk files, writings and other documents prepared or provided by CONSULTANT pursuant to this Agreement are the property of CITY at the time of preparation and shall be turned over to CITY upon expiration or termination of the Agreement or -10- default by CONSULTANT. CONSULTANT grants CITY a copyright license to use such drawings and writings. CONSULTANT shall not permit the reproduction or use thereof by any other person except as otherwise expressly provided herein. CITY may modify the design including any drawings or writings. Any use by CITY of the aforesaid sketches, tracings, plans, computations, specifications, computer disk files, writings and other documents in completed form as to other projects or extensions of this Project, or in uncompleted form, without specific written verification by CONSULTANT will be at CITY'S sole risk and without liability or legal exposure to CONSULTANT. CONSULTANT may keep a copy of all drawings and specifications for its sole and exclusive use. (c) If CONSULTANT should subcontract all or any portion of the services to be performed under this Agreement, CONSULTANT shall cause each subcontractor to also comply with the requirements of this Section 5. (d) This Section 5 shall survive expiration or termination of this Agreement. 6. Professional Skill. It is further mutually understood and agreed by and between the parties hereto that inasmuch as CONSULTANT represents to CITY that CONSULTANT and its subcontractors, if any, are skilled in the profession and shall perform in accordance with the standards of said profession necessary to perform the services agreed to be done by it under this Agreement, CITY relies upon the skill of CONSULTANT and any subcontractors to do and perform the services in a skillful manner and CONSULTANT agrees to thus perform the services and require the same of any subcontractors. Therefore, any acceptance of such services by CITY shall not operate as a release of CONSULTANT or any subcontractors from said standards of said profession. 7. Indemnification. To the furthest extent allowed by law, CONSULTANT 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), and from any and all claims, demands and actions in law or equity (including reasonable attorney's fees and litigation expenses) that arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of CONSULTANT, its principals, officers, employees, agents or volunteers in the performance of this Agreement. If CONSULTANT should subcontract all or any portion of the services to be performed under this Agreement, CONSULTANT 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 Agreement. 8. Insurance. (a) Throughout the life of this Agreement, CONSULTANT shall pay for and maintain in full force and effect all insurance as required in Exhibit B or as may be authorized in writing by CITY'S Risk Manager or his/her designee at any time and in his/her sole discretion. (b) If at any time during the life of the Agreement or any extension, CONSULTANT or any of its subcontractors fail to maintain any required insurance in full force and effect, all services and work under this Agreement shall be discontinued immediately, and all payments due or that become due to CONSULTANT shall be withheld until notice is received by CITY that the required insurance has been restored to full force and effect and that the -11- premiums therefore have been paid for a period satisfactory to CITY. Any failure to maintain the required insurance shall be sufficient cause for CITY to terminate this.Agreement. No action taken by CITY pursuant to this section shall in any way relieve CONSULTANT of its responsibilities under this Agreement. The phrase "fail to maintain any required insurance" shall include, without limitation, notification received by CITY that an insurer has commenced proceedings, or has had proceedings commenced against it, indicating that the insurer is insolvent. (c) The fact that insurance is obtained by CONSULTANT shall not be deemed to release or diminish the liability of CONSULTANT, including, without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify CITY shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULTANT. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of CONSULTANT, its principals, officers, agents, employees, persons under the supervision of CONSULTANT, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them. (d) Upon request of CITY, CONSULTANT shall immediately furnish CITY with a complete copy of any insurance policy required under this Agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement. (e) If CONSULTANT should subcontract all or any portion of the services to be performed under this Agreement, CONSULTANT shall require each subcontractor to provide insurance protection in favor of CITY and each of its officers, officials, employees, agents and volunteers in accordance with the terms of this section, except that any required certificates and applicable endorsements shall be on file with CONSULTANT and CITY prior to the commencement of any services by the subcontractor. 9. Conflict of Interest and Non-Solicitation. (a) Prior to CITY'S execution of this Agreement, CONSULTANT shall complete a City of Fresno conflict of interest disclosure statement in the form as set forth in Exhibit C. During the term of this Agreement, CONSULTANT shall have the obligation and duty to immediately notify CITY in writing of any change to the information provided by CONSULTANT in such statement. (b) CONSULTANT shall comply, and require its subcontractors to comply, with all applicable (i) professional canons and requirements governing avoidance of impermissible client conflicts; and (ii) federal, state and local conflict of interest laws and regulations including, without limitation, California Government Code Section 1090 et. seq., the California Political Reform Act (California Government Code Section 87100 et. seq.), the regulations of the Fair Political Practices Commission concerning disclosure and disqualification (2 California Code of Regulations Section 18700 et. seq.) and Section 4-112 of the Fresno Municipal Code (Ineligibility to Compete). At any time, upon written request of CITY, CONSULTANT shall provide a written opinion of its legal counsel and that of any subcontractor that, after a due diligent inquiry, CONSULTANT and the respective subcontractor(s) are in full compliance with all laws and regulations. CONSULTANT shall take, and require its subcontractors to take, reasonable steps to avoid any appearance of a conflict of interest. Upon -12- discovery of any facts giving rise to the appearance of a conflict of interest, CONSULTANT shall immediately notify CITY of these facts in writing. (c) In performing the work or services to be provided hereunder, CONSULTANT shall not employ or retain the services of any person while such person either is employed by CITY or is a member of any CITY council, commission, board, committee, or similar CITY body. This requirement may be waived in writing by the City Manager, if no actual or potential conflict is involved. (d) CONSULTANT represents and warrants that it has not paid or agreed to pay any compensation, contingent or otherwise, direct or indirect, to solicit or procure this Agreement or any rights/benefits hereunder. (e) Neither CONSULTANT, nor any of CONSULTANTS subcontractors performing any services on this Project, shall bid for, assist anyone in the preparation of a bid for, or perform any services pursuant to, any other contract in connection with this Project. CONSULTANT and any of its subcontractors shall have no interest, direct or indirect, in any other contract with a third party in connection with this Project unless such interest is in accordance with all applicable law and fully disclosed to and approved by the City Manager, in advance and in writing. (f) If CONSULTANT should subcontract all or any portion of the work to be performed or services to be provided under this Agreement, CONSULTANT shall include the provisions of this Section 9 in each subcontract and require its subcontractors to comply therewith. (g) This Section 9 shall survive expiration or termination of this Agreement. 10. Recycling Program. In the event CONSULTANT maintains an office or operates a facility(ies), or is required herein to maintain or operate same, within the incorporated limits of the City of Fresno, CONSULTANT at its sole cost and expense shall: (i) Immediately establish and maintain a viable and ongoing recycling program, approved by CITY'S Solid Waste Management Division, for each office and facility. Literature describing CITY recycling programs is available from CITY'S Solid Waste Management Division and by calling City of Fresno Recycling Hotline at (559) 621-1111. (ii) Immediately contact CITY'S Solid Waste Management Division at (559) 621-1452 and schedule a free waste audit, and cooperate with such Division in their conduct of the audit for each office and facility. (iii) Cooperate with and'demonstrate to the satisfaction of CITY'S Solid Waste Management Division the establishment of the recycling program in paragraph (i) above and the ongoing maintenance thereof. 11 . General Terms. (a) Except as otherwise provided by law, all notices expressly required of CITY within the body of this Agreement, and not otherwise specifically provided for, shall be effective only if signed by the Director or his/her designee. -13- (b) Records of CONSULTANT'S expenses pertaining to each of the respective Projects shall be kept on a generally recognized accounting basis and shall be available to CITY or its authorized representatives upon request during regular business hours throughout the life of this Agreement and for a period of three years after final payment or, if longer, for any period required by law. In addition, all books, documents, papers, and records of CONSULTANT pertaining to the Project shall be available for the purpose of making audits, examinations, excerpts, and transcriptions for the same period of time. If any litigation, claim, negotiations, audit or other action is commenced before the expiration of said time period, all records shall be retained and made available to CITY until such an action is resolved, or until the end of said time period whichever shall later occur. If CONSULTANT should subcontract all or any portion of the services to be performed under this Agreement, CONSULTANT shall cause each subcontractor to also comply with the requirements of this paragraph. This Section 11 (b) shall survive expiration or termination of this Agreement. (c) Prior to execution of this Agreement by CITY, CONSULTANT shall have provided evidence to CITY that CONSULTANT is licensed to perform the services called for by this Agreement (or that no license is required). If CONSULTANT should subcontract all or any portion of the work or services to be performed under this Agreement, CONSULTANT shall require each subcontractor to provide evidence to CITY that subcontractor is licensed to perform the services called for by this Agreement (or that no license is required) before beginning work. (d) CONSULTANT'S services pursuant to this Agreement shall be provided under the supervision of Karl Kienow, and he/she shall not assign another to supervise CONSULTANT'S performance of this Agreement without the prior written approval of the Director. 12. Nondiscrimination. To the extent required by controlling federal, state and local law, CONSULTANT shall not employ discriminatory practices in the provision of services, employment of personnel, or in any other respect on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Subject to the foregoing and during the performance of this Agreement, CONSULTANT agrees as follows: (a) CONSULTANT will comply with all applicable laws and regulations providing that no person shall, on the grounds of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity made possible by or resulting from this Agreement. (b) CONSULTANT will not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. CONSULTANT shall ensure that applicants are employed, and the employees are treated during employment, without regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Such requirement shall apply to CONSULTANT'S -14- employment practices including, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship. CONSULTANT agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provision of this nondiscrimination clause. (c) CONSULTANT will, in all solicitations or advertisements for employees placed by or on behalf of CONSULTANT in pursuit hereof, state that all qualified applicants will receive consideration for employment without regard to race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. (d) CONSULTANT will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice advising such labor union or workers' representatives of CONSULTANT'S commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (e) If CONSULTANT should subcontract all or any portion of the services to be performed under this Agreement, CONSULTANT shall cause each subcontractor to also comply with the requirements of this Section 12. 13. Independent Contractor. (a) In the furnishing of the services provided for herein, CONSULTANT is acting solely as an independent contractor. Neither CONSULTANT, nor any of its officers, agents or employees shall be deemed an officer, agent, employee, joint venturer, partner or associate of CITY for any purpose. CITY shall have no right to control or supervise or direct the manner or method by which CONSULTANT shall perform its work and functions. However, CITY shall retain the right to administer this Agreement so as to verify that CONSULTANT is performing its obligations in accordance with the terms and conditions thereof. (b) This Agreement does not evidence a partnership or joint venture between CONSULTANT and CITY. CONSULTANT shall have no authority to bind CITY absent CITY'S express written consent. Except to the extent otherwise provided in this Agreement, CONSULTANT shall bear its own costs and expenses in pursuit thereof. (c) Because of its status as an independent contractor, CONSULTANT and its officers, agents and employees shall have absolutely no right to employment rights and benefits available to CITY employees. CONSULTANT shall be solely liable and responsible for all payroll and tax withholding and for providing to, or on behalf of, its employees all employee benefits including, without limitation, health, welfare and retirement benefits. In addition, together with its other obligations under this Agreement, CONSULTANT shall be solely responsible, indemnify, defend and save CITY harmless from all matters relating to employment and tax withholding for and payment of CONSULTANT'S employees, including, without limitation, (i) compliance with Social Security and unemployment insurance withholding, payment of workers' compensation benefits, and all other laws and regulations governing matters of employee withholding, taxes and payment; and (ii) any claim of right or interest in CITY employment benefits, entitlements, programs and/or funds offered employees of CITY whether arising by reason of any common law, de facto, leased, or co-employee rights or other -15- theory. It is acknowledged that during the term of this Agreement, CONSULTANT may be providing services to others unrelatedto CITY or to this Agreement. 14. Notices. Any notice required or intended to be given to either party under the terms of this Agreement shall be in writing and shall be deemed to be duly given if delivered personally, transmitted by facsimile followed by telephone confirmation of receipt, or sent by United States registered or certified mail, with postage prepaid, return receipt requested, addressed to the party to which notice is to be given at the party's address set forth on the signature page of this Agreement or at such other address as the parties may from time to time designate by written notice. Notices served by United States mail in the manner above described shall be deemed sufficiently served or given at the time of the mailing thereof. 15. Binding. Subject to Section 16 below, once this Agreement is signed by all parties, it shall be binding upon, and shall inure to the benefit of, all parties, and each parties' respective heirs, successors, assigns, transferees, agents, servants, employees and representatives. 16. Assignment. (a) This Agreement is personal to CONSULTANT and there shall be no assignment by CONSULTANT of its rights or obligations under this Agreement without the prior written approval of the City Manager or his/her designee. Any attempted assignment by CONSULTANT, its successors or assigns, shall be null and void unless approved in writing by the City Manager or his/her designee. (b) CONSULTANT hereby agrees not to assign the payment of any monies due CONSULTANT from CITY under the terms of this Agreement to any other individual(s), corporation(s) or entity(ies). CITY retains the right to pay any and all monies due CONSULTANT directly to CONSULTANT. 17. Compliance With Law. In providing the services required under this Agreement, CONSULTANT shall at all times comply with all applicable laws of the United States, the State of California and CITY, and with all applicable regulations promulgated by federal, state, regional, or local administrative and regulatory agencies, now in force and as they may be enacted, issued, or amended during the term of this Agreement. 18. Waiver. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. No provisions of this Agreement may be waived unless in writing and signed by all parties to this Agreement. Waiver of anyone provision herein shall not be deemed to be a waiver of any other provision herein. 19. Governing Law and Venue. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California, excluding, however, any conflict of laws rule which would apply the law of another jurisdiction. Venue for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any rights and duties hereunder shall be Fresno County, California. 20. Headings. The section headings in this Agreement are for convenience and reference only and shall not be construed or held in any way to explain, modify or add to the interpretation or meaning of the provisions of this Agreement. -16- 21. Severability. The provisions of this Agreement are severable. The invalidity, or unenforceability of anyone provision in this Agreement shall not affect the other provisions. 22. Interpretation. The parties acknowledge that this Agreement in its final form is the result of the combined efforts of the parties and that, should any provision of this Agreement be found to be ambiguous in any way, such ambiguity shall not be resolved by construing this Agreement in favor of or against either party, but rather by construing the terms in accordance with their generally accepted meaning. 23. Attorney's Fees. If either party is required to commence any proceeding or legal action to enforce or interpret any term, covenant or condition of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorney's fees and legal expenses. 24. Exhibits. Each exhibit and attachment referenced in this Agreement is, by the reference, incorporated into and made a part of this Agreement. 25. Precedence of Documents. In the event of any conflict between the body of this Agreement and any Exhibit or Attachment hereto, the terms and conditions of the body of this Agreement shall control and take precedence over the terms and conditions expressed within the Exhibit or Attachment. Furthermore, any terms or conditions contained within any Exhibit or Attachment hereto which purport to modify the allocation of risk between the parties, provided for within the body of this Agreement, shall be null and void. 26. Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity. 27. No Third Party Beneficiaries. The rights, interests, duties and obligations defined within this Agreement are intended for the specific parties hereto as identified in the preamble of this Agreement. Notwithstanding anything stated to the contrary in this Agreement, it is not intended that any rights or interests in this Agreement benefit or flow to the interest of any third parties. 28. Extent of Agreement. Each party acknowledges that they have read and fully understand the contents of this Agreement. This Agreement represents the entire and integrated agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be modified only by written instrument duly authorized and executed by both CITY and CONSULTANT. III III III -17- IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno, California, the day and year first above written. CITY OF FRESNO, a California municipal corporation BY:~~ Patrick N.Wiemiller,Director Department of Public Utilities ATTEST: YVONNE SPENCE, CMC City Clerk By :,A1 JMb.d.~ Deputy 7/';)111 APPROVED AS TO FORM: DOUGLAS T. SLOAN City At1 £(:? By:~r= sanaon M. Collet Deputy City Attorney R ~LStpenA~gg ,Assistant Director Department of Public Utilities Addresses: CITY: City of Fresno Attention: Kevin L. Norgaard, Supervising Professional Engineer 5607 W. Jensen Fresno, CA 93706 Phone: (559) 621-5297 FAX: (559) 498-1700 Attachments: 1. Exhibit A - Scope of Services 2. Exhibit B - Insurance Requirements 3. Exhibit C - Conflict of Interest Disclosure Form -18- Blair, Church and Flynn Consulting Engineers, a California corporation By:~.... Name: Karl E.Kienow Title: Vice President [if corporation or LLC, Board Chair, Pres. or Vice Pres.] Name :Adam K.Holt Title: CFO I Secretary [if corporation or LLC, CFO, Treasurer, Secretary or Assistant Secretary.] Any Applicable Professional License: Number: C51 ,615 Name: Karl E.Kienow Date of Issuance: 4 Feb 1994 CONSULTANT: Blair, Church and Flynn Consulting Engineers Attention: Karl Kienow, Vice President 451 Clovis Ave. Suite 200 Clovis, CA 93612 Phone: (559) 326-1400 FAX: (559)326-1500 EXHIBIT A RECYCLED WATER DISTRIBUTION SYSTEM,SOUTHWEST QUADRANT SCOPE OF ENGINEERING SERVICES 3 June 2013 Project Background This Scope of Engineering Services (Scope) provides for the design of certain recycled water distribution system pipelines identified in the City of Fresno's Recycled Water Master Plan (Master Plan), together with related pumping facilities. The following paragraphs provide a description of key elements of the proposed improvements. Recycled Water Distribution Pipelines The Master Plan pipe segments covered by this Scope are Southwest Quadrant Pipe Segments No. 1 and No.4.Together, the identified pipe segments include approximately 21.3 miles of recycled water distribution pipelines, generally ranging in size from 8 to 60 inches in diameter. For the purposes of this Scope, they are collectively referred to as the Project Pipelines. The Project Pipelines extend from the proposed Recycled Water Treatment Facility (RWTF) to be sited at the Fresno-Clovis Regional Wastewater Reclamation Facility (RWRF) to locations throughout the southwest area of the City, including the downtown area, as described in the Master Plan. Recycled Water Pumping Facilities One recycled water pump station associated with the Project Pipelines, as identified in the Master Plan, is included under this Scope. For the purposes of this Scope, it is referred to as the Project Pump Station. Pump station design shall include landscape and irrigation design for proposed landscaping and screening. The proposed RWTF will also include a pump station, which will be designed separately as part of the RWTF. The RWTF pump station is therefore not included under this Scope. Rec ycled Water Storage Facilities No recycled water storage facilities are included under this Scope. The proposed RWTF will include a storage facility, which will be designed separately as part of the RWTF. Other recycled water storage facilities are planned to be constructed for future phases of the recycled water distribution system. Environmental Services For the City of Fresno, Environmental Science Associates (ESA) prepared a draft program environmental impact report dated March 2011, and a final program environmental impact report dated June 2011, for the Master Plan. Together, the draft and final environmental impact reports are referred to as the "City of Fresno Recycled Water Master Plan Program Environmental Impact Report" (Program EIR). A Program EIR may be used as California Environmental Quality Act (CEQA) compliance for subsequent related activities such as this project. However, subsequent activities must be examined in light of the Program EIR to determine whether additional subsequent environmental review is required. Subsequent environmental review documents may be "tiered" from the Program EIR, to focus on environmental issues specific to the subsequent activity that were not fully evaluated in the Program EIR. It is considered likely that this project will require additional environmental review to the extent of an Initial Study and Mitigated Negative Declaration (IS/MND) tiered from the Program EIR. This Scope includes the necessary additional environmental review and the preparation and processing of a tiered IS/MND for the project. This Scope does not include preparation and processing of a tiered Project EIR. Should additional environmental evaluation reveal environmental impacts that would require the preparation of a tiered EIR, such work would be done outside the framework of the Agreement for this Scope, or under an amendment to the Agreement. 210190scope07 Recycled Water Distribution System,Southwest Quadrant Scope of Engineering Services Page20f 10 The City of Fresno plans to apply for State Revolving Fund (SRF) loan funding for some or all of the proposed recycled water facilities. This Scope includes additional environmental analysis and documentation to meet the "CEQA Plus" requirements for the SRF loan application process. This Scope also includes the following environmental work associated with the Mitigation Monitoring and Reporting Program (MMRP) of the Program EIR, provided to the extent necessary for compliance with the MMRP. • antidegradation analysis • preconstruction surveys for: burrowing owls horned lark, tri-colored blackbird, raptors, and other protected migratory bird species elderberry shrubs San Joaquin kit fox habitat suitable for the California Tiger Salamander western pond turtle San Joaquin pocket mouse and American badger special status bats special status plant species • jurisdictional wetland delineation • riparian habitat assessment • Phase 1 Environmental Site Assessment • surveys for resources of potential historic significance, conducted prior to approval of plans • Phase 1 surveys for archaeological resources, conducted prior to approval of plans In general, all MMRP-related work that must be done prior to construction or prior to approval of project plans is included under this Scope. Other MMRP provisions that can reasonably be incorporated in construction contract documents will be required to be implemented by the construction contractor. Project Work Plan Project design shall be accomplished through a five-part work plan including the following phases: • Schematic Design Phase • Design Development Phase • Construction Document Phase • Bidding Phase • Construction Phase and General Construction Contract Administration Schematic Design Phase Topographic surveys shall be accomplished using a combination of conventional ground surveys and aerial photogrammetric methods. The use of aerial photogrammetric methods will generally be limited to those areas where conventional ground survey methods would be unsafe or not cost effective. Where necessary to provide adequate topographic survey detail and measure flowline elevations in manholes, ground survey methods shall be used as necessary to supplement photogrammetric surveys. A geotechnical investigation shall be conducted. Borings for pipeline alignments shall be done at intervals of 1/8 mile or less, and at each bore-and-jack location, and shall extend to a depth of five feet below the proposed bottom of pipe. One boring shall be done at the pump station site. Laboratory testing shall include gradation, moisture-density, shear, corrosivity, and resistivity analyses. A geotechnical report shall be prepared to document the investigation, and shall include pipe bedding and foundation recommendations. During the Schematic Design Phase, a series of workshop-format meetings shall be held with City personnel to present in-progress efforts and solicit input as to City preferences for the various elements of the project. Consultant shall prepare and distribute meeting agendas and minutes, and shall conduct meetings so as to accomplish meeting objectives efficiently and completely. Additional project environmental review shall be done as part of the Schematic Design Phase, along with preparation of a Project Description, Initial Study, Environmental Checklist, and Mitigated Negative Declaration, which will together make up the IS/MND documents. The IS/MND documents shall be 210190scope07 Recycled Water Distribution System,Southwest Quadrant Scope of Engineering Services Page 30f 10 submitted to the City for review and approval prior to circulation for review by other agencies and interested parties. The Schematic Design Phase shall culminate in the submittal of a Schematic Design Report addressing the various issues expected to influence project design, including utility research findings, pipeline alignments, pump station siting, results of geotechnical investigations, potential conflicts with existing facilities, and additional environmental review. The report shall include recommendations for the design criteria to be employed for the subsequent design of the pump station. The report shall also include recommendations for features to be implemented in subsequent design development and construction document phases, including pipeline alignment, pipe material, pumping and control equipment, and construction method recommendations. The geotechnical investigation report and preliminary IS/MND documents shall be appended to the Schematic Design Report. The Schematic Design Report shall also address overall construction phasing and sequencing, and shall include recommendations for the number, limits and structure of the construction contracts under which the proposed improvements will be constructed. A master project schedule for the design and construction of the proposed improvements shall be developed and included. The Schematic Design Report shall include schematic plans (approximately 30% design completion) at reduced scale, together with construction cost estimates. Schematic plans shall include topographic survey results, aerial photography, utility research results, and existing rights-of-way and easements. For all of the proposed Project Pipelines, schematic plans shall also include sufficient design information to clearly establish proposed pipeline sizes and alignments. For the Project Pump Station, schematic plans shall also include sufficient design information to clearly establish site location and size, together with the general arrangement of proposed facilities on the site. The Schematic Design Phase shall extend to include the submittal and processing of the IS/MND documents, after the City has reviewed and approved the preliminary IS/MND documents submitted with the Schematic Design Report. Consultant shall prepare and file an Administrative Draft Initial Study, a Draft Initial Study and Notice of Intent to Adopt a Mitigated Negative Declaration, a Notice of Completion, and the final Mitigated Negative Declaration. Consultant shall submit the IS/MND documents to the State Clearinghouse as necessary for circulation and review by agencies and interested parties. Consultant shall revise IS/MND documents to incorporate and address comments received, and shall attend related public hearings and provide such other services as may be necessary to support IS/MND processing. Design Development Phase The Design Development Phase shall include the preparation and submittal of preliminary plans, specifications and estimates (approximately 60% design completion), incorporating the recommendations of the Schematic Design Phase as approved by the City. The Design Development Phase shall also include the preparation of legal descriptions and acquisition diagrams in support of the City's efforts for the acquisition of necessary easements and rights-of-way. This Scope includes an allowance for legal descriptions and acquisition diagrams for 40 acquisitions. If fewer are required, the actual cost shall be reduced proportionately; if more are required, as approved by the City, a corresponding amendment to the Agreement may be necessary. Utility coordination efforts conducted during the Design Development Phase shall include the location of critical underground utility facilities by pothole excavation methods. This Scope includes an allowance for utility pothole excavations at 80 locations. If fewer are required, the actual cost shall be reduced proportionately; if more are required, as approved by the City, a corresponding amendment may be necessary. Construction Document Phase The Construction Document Phase shall include the preparation and submittal of plans, specifications and estimates at the draft final (approximately 90% design completion) and final (100% complete) stages of completion, and a Stormwater Pollution Prevention Plan (SWPPP), for each construction contract. At each submittal stage, review comments resulting from the prior submittal shall be thoroughly addressed. The preparation of plans, specifications, and estimates for the construction contracts are expected to result in multiple sets of bid and construction documents, intended to be bid and constructed under as 210190scope07 Recycled Water Distribution System,Southwest Quadrant Scope of Engineering Services Page 4 of 10 many as five separate construction contracts. The actual number of separate construction contracts shall be determined during the Schematic Design Phase, as described above. Consultant shall provide the engineering services enumerated in the following task outline. PART 1 SCHEMATIC DESIGN PHASE A. PROGRAMMING AND PROJECT MANAGEMENT 1. Prepare and Maintain Design and Construction Schedule 2. Schedule and Conduct Project Kick-off Meeting 3. Prepare and Submit Monthly Progress and Budget Reports 4. Provide Support for SRF Loan Applications a. Optional task, at City discretion B. SURVEYING, PHOTOGRAPHY AND MAPPING 1. Obtain and Incorporate Aerial Photography a. Fresno Stock Coverage 2. Provide Traffic Control for Surveys 3. Conduct Topographic Surveys a. Conventional Ground Survey and Photogrammetric Methods C. ENVIRONMENTAL SERVICES 1. Conduct Project Environmental Review in Context of Program EIR 2. Prepare IS/MND Documents a. Environmental Checklist b. Administrative Draft Initial Study c. Draft Initial Study and Notice of Intent to Adopt a Mitigated Negative Declaration d. Notice of Completion e. Final Mitigated Negative Declaration 3. IS/MND Processing a. File IS/MND documents with State Clearinghouse for circulation and review b. Revise IS/MND documents to incorporate and address comments c. Prepare and file Notice of Determination d. Attend related public hearings 4. Preconstruction Surveys for Plants, Animals and Habitats Identified in the MMRP 5. Jurisdictional Wetland Delineation 6. Riparian Habitat Assessment 7. Phase 1 Environmental Site Assessment a. As necessary to meet requirements of MMRP b. Review locations within 1/4 mile of project facilities c. Contact regulatory agencies to obtain detailed additional information for identified locations on or adjacent to project pipeline alignments and pump station site 8. Surveys for Resources of Potential Historic Significance a. Conducted prior to approval of plans 9. Phase 1 Surveys for Archaeological Resources a. Conducted prior to approval of plans 10. Environmental Services Shall Meet CEQA Plus Requirements for SRF Loan Applications D. ANTIDEGRADATION ANALYSIS 1. Project Description, Purpose of Report, and Approach to Analysis 2. Summary of Antidegradation Policy and Regulations 3. Environmental Setting 4. Current and Potential Future Beneficial Uses of Groundwater 5. Water Quality Criteria and Objectives 6. Description of the Tertiary Treatment Facilities and Expected Quality of Recycled Water. 7. Description of Recycled Water Project 8. Determination of Constituents of Concern (COC) in Recycled Water a. COCs are expected to be limited to salinity, total dissolved solids (TDS) and nitrate 9. Incorporate Assessment of Water Quality Impacts a. Assessment of water quality impacts will be provided by the City's groundwater consultant 210190scope07 Recycled Water Distribution System,Southwest Quadrant Scope ot Engineering Services Page 50t 10 10. Development of Alternative Treatment or Control Measures 11.Socioeconomic Analysis (SEA) a. Update Master Plan cost/benefit analysis to reflect findings of the water quality assessment E.GEOTECHNICAL SERVICES 1. Conduct Geotechnical Investigation a. Borings at intervals of 1/8 mile or less for pipeline alignments b. One boring at each bore-and-jack location c. One boring at pump station site 2. Prepare geotechnical report a. Include pipe bedding and foundation recommendations b. Include trench configuration and trench safety recommendations F. SCHEMATIC DESIGN REPORT 1. Conduct Site Investigations 2. Conduct Public Street, Property Line &OPL Research 3. Meet With Caltrans Staff for Crossings of State Right-of-Way 4. Meet With Railroad Companies for Rail Crossings 5. Prepare and Submit Underground Classification Applications 6. Conduct Office and Field Utility Investigations 7. Conduct Workshop-Format Meetings 8. Prepare Schematic (30%) Plans 9. Prepare Itemized Estimates of Quantities and Cost 10. Prepare Outline Technical Specifications 11. Prepare Schematic Design Report, Incorporating: a.Topographic Surveys b.Geotechnicallnvestigation c. Preliminary IS/MND Documents d. Reports, Surveys and Assessments for MMRP Compliance e. Antidegradation Analysis f. Phase 1 Environmental Site Assessment g. Utility Investigation Findings h. Pump Station and Storage Facility Design Criteria i. Material and Equipment Recommendations j. Construction Method Recommendations k. Schematic Plans 12. Submit Schematic Design Report PART 2 DESIGN DEVELOPMENT PHASE A.PRELIMINARY PLANS,SPECIFICATIONS AND ESTIMATES 1. Prepare Preliminary Cover and Index Sheets 2. Prepare Preliminary Plan and Profile Drawings 3. Prepare Preliminary Pump Station Drawings 4. Prepare Preliminary Landscape and Irrigation Drawings 5. Prepare Preliminary Structural Detail Drawings 6. Prepare Preliminary Construction Detail Drawings 7. Conduct Hydraulic Surge Analysis 8. Prepare Caltrans Permit Application Plans 9. Submit Caltrans Permit Applications 10. Prepare Legal Descriptions and Diagrams for Acquisition of Easements and Rights-of-Way (40 Acquisitions) 11. Prepare Preliminary Technical Specifications 12. Prepare Itemized Estimate of Quantities and Cost 13. Address Schematic Design Review Comments 14. Submit Preliminary (60%) Plans,Specifications and Estimate B. UTILITY AND RAILROAD COORDINATION 1. Prepare and Submit Railroad Permit Applications 2. Submit Preliminary Plans to Affected Companies, Agencies &Districts 210190scope07 Recycled Water Distribution System,Southwest Quadrant Scope of Engineering Services 3. Locate Critical Utility Facilities by Pothole Excavation Methods (80 Locations) 4. Prepare Utility Avoidance Plan 5.Coordinate Relocation Efforts with Project Design PART 3 CONSTRUCTION DOCUMENT PHASE A. DRAFT FINAL DESIGN 1. Prepare Draft Final Cover and Index Sheets 2. Prepare Draft Final Plan and Profile Drawings 3. Prepare Draft Final Pump Station Drawings 4. Prepare Draft Final Landscape and Irrigation Drawings 5. Prepare Draft Final Structural Detail Drawings 6. Prepare Draft Final Construction Detail Drawings 7. Prepare Final Caltrans Permit Application Plans 8. Prepare Stormwater Pollution Prevention Plans 9. Prepare Draft Final Technical Specifications 10.Incorporate City "Boilerplate"Documents 11. Prepare Itemized Estimates of Quantities and Cost 12. Address Preliminary Review Comments 13. Submit Draft Final (90%) Plans,Specifications and Estimates B. FINAL PLANS,SPECIFICATIONS AND ESTIMATES 1. Prepare Final Plans 2. Prepare Final Specifications 3. Prepare Final Itemized Estimates of Quantities and Cost 4. Address Draft Final Review Comments 5. Submit Final (100%) Plans,Specifications and Estimates PART 4 BIDDING PHASE A. BID SERVICES 1. Attend Pre-Bid Conferences 2. Prepare Addenda and Clarifications 3. Attend Bid Openings and Evaluate Bid Proposals Page 60f 10 PART 5 CONSTRUCTION PHASE AND GENERAL CONSTRUCTION CONTRACT ADMINISTRATION A.CONSTRUCTION SERVICES 1. Attend Pre-Construction Conferences 2. Review Shop Drawings and other Contractor Submittals 3. Provide General Consultation and Advice 4. Respond to Requests for Information (RFls) 5. Provide Periodic Worksite Observation 6. Review Progress Payments as Requested 7. Prepare Record Drawings ASSUMPTIONS A. Pump station design will not include a building to house pumping facilities or related controls. B. Preparation of construction documents will result in a maximum of five sets of construction contract documents. C.Antidegradation Analysis will provide general coverage for the entire Master Plan recycled water system, and specific coverage for the Southwest Quadrant facilities included under this Scope. D. No COCs other than salinity, total dissolved solids (TDS) and nitrate will be evaluated in the Antidegradation Analysis, and no additional effluent testing will be needed. E. The City's groundwater consultant will contract directly with the City for assessment of water quality impacts to be incorporated in the Antidegradation Analysis. F. For the Antidegradation Analysis, a limited Socioeconomic Analysis (SEA) based on planning level costs provided in the Master Plan will be sufficient, such that the SEA will not include the use of economic modeling tools to assess economic impacts. 210 190scope07 RecycledWater Distribution System,SouthwestQuadrant Scopeof Engineering Services Page 70f 10 G. R-value testing of soils for pavement replacement design is not required, and so is not included as part of the Geotechnical Investigation. H. The City will obtain all preliminary title reports required in connection with the acquisition of easements and rights-of-way 210190scope07 Recycled Water Distribution System,Southwest Quadrant Scope of Engineering Services January 1, 2013 GENERAL ENGINEERING FEE SCHEDULE For Projects Subject to Prevailing Wage CLASSIFICATION Page Bof 10 Principal Engineer $160.00/Hour Program Manager 155.00/Hour Professional Civil Engineer 3 150.00/Hour Professional Civil Engineer 2 140.00/Hour Professional Civil Engineer 1 125.00/Hour Assistant Engineer 3 11O.OO/Hour Assistant Engineer 2 105.00/Hour Assistant Engineer 1 95.00/Hour Professional Land Surveyor 2 125.00/Hour Professional Land Surveyor 1 120.00/Hour Assistant Surveyor 90.00/Hour Licensed Landscape Architect 105.00/Hour Design Technician 100.00/Hour CAD Technician 3 90.00/Hour CAD Technician 2 80.00/Hour CAD Technician 1 65.00/Hour Staff Analyst 90.00/Hour Clerical 60.00/Hour Engineering Aide 55.00/Hour Construction Inspector 100.00/Hour Construction Administrator 85.00/Hour 1-Man Survey Party 150.00/Hour 2-Man Survey Party 250.00/Hour 3-Man Survey Party 350.00/Hour Survey Party Travel 85.00/Hour Computer Aided Design, Drafting &Surveying Systems Surcharge 10.00/Hour Ground Penetrating Radar Surcharge 20.00/Hour GPS Receivers Surcharge 25.00/Hour/Each Robotic Total Station Surcharge 25.00/Hour/Each HD Scan Station Surcharge 200.00/Hour Materials, Printing,Equipment Rental and Associated Expense Cost x 1.15 Subconsultant Procurement..Cost x 1.15 Mileage 0.70 per mile 210190scopeOl Recycled Water Distribution System,Southwest Quadrant Scope of Engineering Services Page 90f10 TABLE 1 COMPENSATION DISTRIBUTION BY PROJECT AND PHASE Part 1 Part 2 Part 3 Part 4 Part 5 Schem Design Const Bidding Const Project Design Devel Docs Phase Phase Subtotals Project ID % % % %% % Project SW lA 15.14%2.74%3.47% 0.28% 0.89% 22.52% Project SW lB 15.29% 2.77% 3.51% 0.28% 0.90% 22.75% Project SW 1C 14.63% 2.65% 3.36% 0.27% 0.86% 21.76% Project SW lD &4 16.65% 3.01% 3.82%0.31% 0.98% 24.78% Project SW PSl 2.61% 1.70% 1.90%0.60% 1.37% 8.19% Phase Subtotals:64.32%12.87% 16.06%1.74% 5.00% 100.00% TABLE 2 CALENDAR DAYDURATIONBY PROJECT AND PHASE Part 1 Part 2 Part 3 Part 4 Part 5 Schematic Design Constr Bidding Constr Design Devel Docs Phase Phase*Project Project ID Submit Resub Submit Resub Submit Resub Phase Submit Resub Subtotal Project SW lA 110 30 70 30 60 30 N/A 30 20 360 Project SW lB 140 30 80 30 70 30 N/A 30 20 410 Project SW lC 200 30 110 30 90 30 N/A 50 20 540 Project SW lD &4 220 30 130 30 110 30 N/A 50 20 600 Project SW PSl 60 20 120 20 60 20 N/A 30 20 330 *Construction Phase durations listed apply to record drawing preparation only. TABLE 3 CONSTRUCTION BUDGETDISTRIBUTION BY PROJECT FOR TOTAL CONSTRUCTION COST OF $43,900,000 210190scopeOB docx Project ID Project SW lA Project SW lB Project SW 1C Project SW lD &4 Project SW PSl Total: Construction Budget Distribution 23.23% 23.46% 22.55% 25.74% 5.01% 100.00% J/(Q CD..... Q o.......... Q I I I I,-~------- ) I I I I I I L I I C8UF ".'1 v1~...eIero Clo"l. ~11 J A$~~ r <, -' ~~"'-'f7JEjJJ5 I016,-:urbUN I"0,., I r-'lI>Jiii!,ni I-..... ~..~_..._._.!., I to-r Ir·.. I ,-- I ~# I,.._--'" ---, I'---I,- I I -------,~_I I ~L 1-'::", ~---. I I--T-- I Ir I .-----~---_..I I I ~-~I..-'--- I I• P/ojocl SW J I}:Prol..'aw,a I 1 ""...........""".. :...,0 (00......~.•."'0#~-.,41 - ,...~.t O....:;..i-'"PIOJ.c t 8W'• .\.•.L:,---_..oJ ~--...,;'..~..T--- •I I t;~..• •t•r~ Ir- I ,.....L-- , ._~: I I-r--~·---~-·----_!•, r .' ,, I I t •__•__ I I,.- Ft ••no ..Clo ." Re glQfl4l1 W.lt.Wlto r I I R, el. menon FICUlt , ~r 9C"'U:IN MILtn ~~t !~i ;:,•,.~~~ Fresno City Umits Southeast Growth Area Street Centerlines Fresno Sphere of Influence Future Recycled Water Pipelines Existing Recycled Water Pipeline • Future Pump Station S Future Storage Facility ~I.~l. dQ:iyD'O Propo_d Construction Projects: 1.Project SW1A •••••••••• 2. Project SW, B •• • • ••• ••• 3. Project SW1C •••••••••• 4. Project SW1D &SW4 •• • • • • • • • • 5. Project SWPS1 • Map Legend: CITY OF FRESNO Recycled Water Distribution System Southwest Quadrant Proposed Breakdown of Construction Projects Exhibit B INSURANCE REQUIREMENTS Consultant Service Agreement between City of Fresno ("CITY") and Blair, Church and Flynn Consulting Engineers ("CONSULTANT") Recycled Water Distribution System Design PROJECT TITLE Minimum Scope of Insurance Coverage shall be at least as broad as: 1. The most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01, which shall include insurance for "bodily injury," "property damage" and "personal and advertising injury" with coverage for premises and operations, products and completed operations, and contractual liability. 2. The most current version of Insurance Service Office (ISO) Business Auto Coverage Form CA 00 01, which shall include coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1- Any Auto). 3. Workers' Compensation insurance as required by the California Labor Code and Employer's Liability Insurance. 4. Professional Liability (Errors and Omissions) insurance appropriate to CONSULTANT'S profession. Architect's and engineer's coverage is to be endorsed to include contractual liability. Minimum Limits of Insurance CONSULTANT shall maintain limits of liability of not less than: 1. General Liability: $1,000,000 per occurrence for bodily injury and property damage $1,000,000 per occurrence for personal and advertising injury $2,000,000 aggregate for products and completed operations $2,000,000 general aggregate applying separately to the work performed under the Agreement 2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage 3. Employer's Liability: $1,000,000 each accident for bodily injury $1,000,000 disease each employee $1,000,000 disease policy limit Page 1 of 3 4. Professional Liability (Errors and Omissions) $1,000,000 per claim/occurrence $2,000,000 policy aggregate Umbrella or Excess Insurance In the event CONSULTANT purchases an Umbrella or Excess insurance policy(ies) to meet the "Minimum Limits of Insurance," this insurance policy(ies) shall "follow form" and afford no less coverage than the primary insurance policy(ies). Deductibles and Self-Insured Retentions CONSULTANT shall be responsible for payment of any deductibles contained in any insurance policies required hereunder and CONSULTANT shall also be responsible for payment of any self-insured retentions. Any deductibles or self-insured retentions must be declared to, and approved by, the CITY'S Risk Manager or his/her designee. At the option of the CITY'S Risk Manager or his/her designee, either (i) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects CITY, its officers, officials, employees, agents and volunteers; or (ii) CONSULTANT shall provide a financial guarantee, satisfactory to CITY'S Risk Manager or his/her designee, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall CITY be responsible for the payment of any deductibles or self-insured retentions. Other Insurance Provisions The General Liability and Automobile Liability insurance policies are to contain, or be endorsed to contain, the following provisions: 1. CITY, its officers, officials, employees, agents and volunteers are to be covered as additional insureds. 2. The coverage shall contain no special limitations on the scope of protection afforded to CITY, its officers, officials, employees, agents and volunteers. 3. CONSULTANT'S insurance coverage shall be primary and no contribution shall be required of CITY. The Workers' Compensation insurance policy is to contain, or be endorsed to contain, the following provision: CONSULTANT and its insurer shall waive any right of subrogation against CITY, its officers, officials, employees, agents and volunteers. If the Professional Liability (Errors and Omissions)insurance policy is written on a claims-made form: 1. The "Retro Date" must be shown, and must be before the effective date of the Agreement or the commencement of work by CONSULTANT. 2. Insurance must be maintained and evidence of insurance must be provided for at least 5 years after any expiration or termination of the Agreement or, in the alternative, the policy shall be endorsed to provide not less than a 5-year Page 2 of 3 discovery period. This requirement shall survive expirat ion or termination of the Agreement. 3. If coverage is canceled or non-renewed, and not replaced with another c1aims- made policy form with a "Retro Date" prior to the effective date of the Agreement, CONSULTANT must purchase "extended reporting" coverage for a minimum of 5 years following the expiration or termination of the Agreement. 4. A copy of the claims reporting requirements must be submitted to CITY for review. 5. These requirements shall survive expiration or termination of the Agreement. All policies of insurance required hereunder shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after 30 calendar day written notice by certified mail, return receipt requested, has been given to CITY. Upon issuance by the insurer ,broker, or agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits,CONSULTANT shall furn ish CITY with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for CITY, CONSULTANT shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than 15 calendar days prior to the expiration date of the expiring policy. Acceptability of Insurers All policies of insurance required hereunder shall be placed with an insurance company(ies) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than "A-V""in Best's Insurance Rating Guide, or authorized by CITY 'S Risk Manager. Verification of Coverage CONSULTANT shall furnish CITY with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the CITY'S Risk Manager or his/her designee prior to CITY'S execution of the Agreement and before work commences. Page 3 of3 Exhibit C DISCLOSURE OF CONFLICT OF INTEREST Recycled Water Distribution System.Southwest Quadrant PROJECT TITLE YES*NO 1 Are you currently in litigation with the City of Fresno or any of its D •agents? 2 Do you represent any firm,organization or person who is in D •litigation with the City of Fresno? 3 Do you currently represent or perform work for any clients who do •D business with the City of Fresno? 4 Are you or any of your principals,managers or professionals, owners or investors in a business which does business with the D •City of Fresno, or in a business which is in litigation with the City of Fresno? 5 Are you or any of your principals,managers or professionals, related by blood or marriage to any City of Fresno employee who •Dhas any significant role in the subject matter of this service? 6 Do you or any of your subcontractors have, or expect to have, any interest,direct or indirect,in any other contract in connection with D •this Project? * If the answer to any question is yes,please explain in full below. Explanation: Item 3: Blair, Church &Flynn Consulting Engineers has a number of clients that could potentially do business with the City of Fresno including: the City of Clovis, the County of Fresno, Fresno Irrigation District, Fresno Metropolitan Flood Control District, Clovis USD, Fresno USD and Central USD. Item 5: Efren Banuelos, Jr. is currently employed by Blair, Church &Flynn Consulting Engineers as a Project Engineer. His father, Efren Banuelos, Sr. is employed by the City of Fresno in a department that is not involved in the administration of the Recycled Water Distribution System,Southwest Quadrant project. Efren Banuelos,Jr. is typically not assigned to City of Fresno projects.He will not have any significant role in the Recycled Water Distribution System, Southwest Quadrant project. June11,2013 Date Adam K. Holt (name) Blair, Church & Flynn (company) 451 Clovis Ave ,Suite 200 (address) Clovis, CA 93612 (city state zip) THIRD AMENDMENT TO AGREEMENT THIS THIRD AMENDMENT TO AGREEMENT (Amendment) made and entered into as of this \51--day of Se~i?mber , 2017, amends the Agreement entered into between the CITY OF FRESNO, a California municipal corporation (CITY), and Blair, Church and Flynn Consulting Engineers, a California Corporation (CONSUL TANT). RECITALS WHEREAS, CITY and CONSULTANT entered into an agreement, dated July 2, 2013, in the amount of $3,324,000 for professional engineering services for the design of the Recycled Water Distribution System Design, Southwest Quadrant (Agreement); and WHEREAS, the First Amendment to the Agreement was executed on June 30, 2016, in the amount of $674,240 and WHEREAS, the Second Amendment to the Agreement was executed on January 12, 2017, in the amount of $141,540 and WHEREAS, CITY desires to realign projects SW1 C3 & SW4 to use a different pipeline route for the conveyance of recycled water to the downtown area and the southeast than what is included in the recycled water master plan; and WHEREAS, City desires to design a chlorination facility at the Regional Wastewater Reclamation Facility; and WHEREAS, CITY desires to add Environmental work addressing several revisions to the Recycled Water Transmission Main alignments and pump station location on the Addendum to the Adopted Tiered Mitigation Negative Declaration; and WHEREAS, CITY desires to design a potable water main along Franklin Avenue and conform contract document preparation for SW1 C2 and SW4 projects; and WHEREAS, due to the need for additional services, the parties desire to increase the total compensation by an additional $940,280.00 to complete the expanded Scope of Work; and WHEREAS, with entry into this Amendment, CONSUL TANT agrees that CONSUL TANT has no claim, demands, or disputes against CITY. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and of the covenants, conditions, and premises hereinafter contained, to be kept and performed by the respective parties, the parties agree that the aforesaid Agreement be amended as follows: 1. CONSUL TANT shall provide additional services as described in Exhibit 1, attached hereto and incorporated herein by reference. 2. Exhibit A of the Agreement is amended to add the additional professional scope of services in Exhibit 1, attached hereto and incorporated herein by reference. 1 IN WITNESS WHEREOF, the parties have executed this Amendment at Fresno, California, the day and year first above written. CITY OF FRESNO, a California municipal corporation APPROVED AS TO FORM: DOUGLAS T. SLOAN City~ttor ey By: '1rt~7 ---a-nd~o~n-M-. ~C~o .... lle~t-~~D-~-t e_... Deputy City Attorney ATTEST: YVONNE SPENCE, CMG City Clerk By: ,C ~J~~~~~ D put O'\-\ _ \ 1 Attachment: Exhibit 1 3 Blair, Church & Flynn Consulting Engineers, a California corporation By:~ Name: Karl E. Kienow Title: Vice President (If cor tlon or LLC., Board Chair, Pres . or ice P~ s.) Name: Adam K. Holt Title: CFO I Secretary (If corporation or LLC., CFO, Treasurer, Secretary or Assistant Secretary) EXHIBIT 1 ADDITIONAL PROFESSIONAL SERVICES Blair, Church & Flynn Consulting Engineers prepared and submitted a proposal for additional professional services for Projects SW1A, 18, 1C, 10 & 4, and PS1 to the City of Fresno on 18 September 2014. Among other items, the proposal included extra costs for rerouting the Project SW1 C pipeline down Hughes Avenue instead of Nielsen Avenue, and rerouting the Project SW18 pipeline down Blythe Avenue instead of Whitesbridge Avenue. The proposal was accepted by the City with payment through the contingency item on the purchase order. Some of the work remains underway, and some has been completed. We also prepared and submitted a proposal for additional professional services for Projects SW1A, 1C, 10 & 4, and PS1 to the City of Fresno on 17 May 2016. This proposal included work related to the new pump station site; pipelines to the new pump station site; Hughes Avenue pipeline revisions; the preparation of temporary traffic control plans; Roeding Park, Dennett Avenue, and Palm Avenue pipeline revisions; additional potholing; and the Broadway Plaza pipe realignment. The proposal also defined Project SW1C as the pipeline in Belmont Avenue from Marks Avenue into Roeding Park; Project SW1C2 as the pipeline in Hughes Avenue from Belmont Avenue to Whitesbridge Avenue, and in Whitesbridge Avenue from Hughes Avenue to Trinity Street; and Project SW1 C3 as the pipeline that leaves Roeding Park along Dennett Avenue to Palm Avenue, and in Palm Avenue to H Street. The proposal was accepted by the City, and was processed as an amendment to the original agreement on 30 June 2016 (Amendment No. 1 ). We also prepared and submitted a proposal for additional professional services for Projects SW1C2, SW1C3, SW1D, and SW4 to the City of Fresno on 31 October 2016. This proposal included work related to splitting the construction documents that contained SW1 C2, SW1 C3, SW1 D, and SW4 into two separate sets of construction documents; additional pipeline in Fresno Street for the hospital; additional pipeline in Franklin Avenue to serve additional cemeteries; and to address late comments on the addendum to the adopted tiered mitigated negative declaration from the State Water Resources Control Board. The proposal was accepted by the City, and was processed as an amendment to the original agreement on 12 January 2017 (Amendment No. 2). The City also directed that Project SW1 C2 and SW1 D be split into two separate sets of construction documents, and directed that the construction budget for Projects SW1 D and SW4 be used for the design. This work has been completed. Other City direction required that the 12-inch recycled water main in Whitesbridge Avenue east of Fruit Avenue and in Trinity Street be upsized to 24-inch. The fees for this work are estimated to be $6,500, and this work has been invoiced against the construction services fees for Project SW1 D that were included in the amendment dated 12 January 2017. This work has also been completed. 1 of 18 Additional work beyond that discussed above and that is not included in our scope or any of the amendments is now required for the project, and this letter presents our proposal for those additional professional services for various parts of the Southwest Quadrant of the recycled water system. A. Work Required to Realign Projects SW1 C3 & SW4 The City wishes to use a different pipeline route for the conveyance of recycled water to the downtown area and the southeast than what is included in the master plan. The proposed alignment continues Project SW1 C2 south along Trinity Street to Kearney Boulevard, east along Kearney Boulevard to A Street, southeast along A Street to Inyo Street, and northeast along Inyo Street to H Street with a 24-inch recycled water transmission main (RWTM). Additionally, a 4-inch recycled water main (RWM) will be included in Fresno Street from A Street to the State Route 99 right-of-way, and an 8- inch RWM in Divisadero Street from Fresno Street to the State Route 41 right-of-way. The recycled water main in Broadway Street from Fresno Street to Mariposa Street, and in Mariposa Street from Broadway Street to H Street will remain in the project, except that the 24-inch RWTM will be changed to a 12-inch RWM. The 12-inch RWM along Fresno Street from Broadway Street to Illinois Avenue will remain in the project, and related design work is included under the original agreement and Amendment No. 2. The 24-inch RWTM from Roeding Park to the intersection of Merced and Broadway Streets will be removed from the project, as well as the 24-inch RWTM from the intersection of Hand Inyo Streets to the southeast. This work is part of Projects SW1C3 and SW4 which, as of the date of this proposal, have been designed to 90% completion. In total, the project consists of the following: Pipeline Reach Current Size Proposed Size Length New pipeline along Trinity, N/A 24-inch 1.51 miles Kearney, A, and Inyo New pipeline along Fresno N/A 4-inch 0.2 miles Street southwest of SR99 New pipeline along Divisadero N/A 8-inch 0.23 miles Street Pipeline along Fresno Street 12-inch 12-inch 0.96 miles that is part of original agreement Pipeline along Broadway, 24-inch 12-inch 0.43 miles Mariposa, and H that is part of original agreement that is to be revised Schema tic Design Phase Topographic surveys shall be accomplished using a combination of conventional ground surveys and aerial photogrammetric methods. Aerial photogrammetric methods shall be 2 used to provide general topographic and photographic coverage along the pipeline alignments. Where aerial photogrammetric methods cannot provide the coverage or level of detail necessary to fully support pipeline design efforts, conventional ground survey methods shall be utilized for infill topographic surveys. Similarly, conventional ground survey methods shall be used to measure flowline elevations in manholes, to locate underground utility facilities exposed as part of pothole utility location operations, and to locate utility markings placed in connection with Underground Service Alert (USA) or "811" notifications. A geotechnical investigation shall be conducted along the pipeline alignments. Borings for pipeline alignments shall be done at intervals of 1 /4 mile or less, and at each end of each bore-and-jack location, and shall extend to a depth of five feet below the proposed bottom of pipe. Laboratory testing shall include gradation, moisture-density, shear, corrosivity, and resistivity analyses. A geotechnical report shall be prepared to document the investigation, and shall include pipe bedding and foundation recommendations. During the Schematic Design Phase and throughout the entire design, bi-weekly meetings shall be held with City personnel to present in-progress efforts and to solicit input as to City preferences for the various elements of the project. Addendum No. 2 for the existing Adopted Tiered Mitigated Negative Declaration is currently being prepared to address project changes that were made through earlier project amendments. The in-process addendum will be revised to include the new project alignments. The cultural resources figures will be updated to depict the new alignments in relation to identified historic places. The existing 24-inch RWTM in Broadway Street from Fresno Street to Mariposa Street and in Mariposa Street from Broadway Street will be changed to a 12-inch RWM, and the existing 90% plans will be updated accordingly. The Schematic Design Phase shall culminate in the submittal of a Schematic Design Report addressing the various issues expected to influence project design, including utility research findings, pipeline alignments, results of geotechnical investigations, potential conflicts with existing facilities, and additional environmental review. The report shall include recommendations for features to be implemented in subsequent design development and construction document phases, including pipeline alignment, pipe material, and construction method recommendations. The geotechnical investigation report and the addendum to the Adopted Tiered Mitigated Negative Declaration shall be appended to the Schematic Design Report. The Schematic Design Report shall include schematic plans (approximately 30% design completion) at reduced scale, together with construction cost estimates. Schematic plans shall include topographic survey results, aerial photography, utility research results, and existing rights-of-way and easements. For all of the pipelines, schematic plans shall also include sufficient design information to clearly establish proposed 3 pipeline sizes and alignments. Pipeline profiles will not be included in the schematic plans. Existing utilities along the project alignments shall be designated during the Schematic Design Phase as discussed below. The designated utilities will be incorporated into the schematic plans. Design Development Phase The Design Development Phase shall include the preparation and submittal of preliminary plans, specifications, and estimates (approximately 60% design completion), incorporating the recommendations of the Schematic Design Phase as approved by the City. The Design Development Phase shall also include the preparation of legal descriptions and acquisition diagrams in support of the City's efforts for the acquisition of necessary easements and rights-of-way. A corrosion monitoring system will be designed and appropriate details included in the plans. The corrosion monitoring system will only be designed for the 24-inch pipeline. After review and approval of the schematic plans, the locations of required pothole excavations for utility locating shall be determined and performed. See the discussion below. Construction Document Phase The Construction Document Phase shall include the preparation and submittal of plans, specifications and estimates at the draft final (approximately 90% design completion) and final (100% complete) stages of completion. At each submittal stage, review comments resulting from the prior submittal shall be thoroughly addressed. Utilitv Designating and Locating Utility depiction on the plans will conform to ASCE Standard 38-02, Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data . During the schematic design, utility companies and agencies expected to have utilities on the project area will be contacted, and a base map will be prepared using the topographic mapping and the utility search results. Utilities obtained from records are considered Quality Level D (QL-D), and utilities obtained from field surveys and measurements at manholes are considered QL-C. After base map preparation, designation of existing utilities along the project alignments shall consist of the following: • Designate conductive utilities with direct connection or passive induction locating equipment. • Sonde storm drains and sewers as needed (if permitted) when alignment is questionable. • Sweep the area for unknown utilities using: 4 o Tandem passive induction o Radio and power signature scanning o Ground Penetrating Radar (GPR) o Unknown utilities will be traced to source, if possible • Designated utilities will be marked in the field with pink paint • These designated utilities are considered QL-B, and consist of horizontal location only, and may have rough depths (with an unknown and varying accuracy). Based on an analysis of other pipelines project recently done for the City, it is estimated that 85 potholes will be required for these pipelines. These potholes will serve to locate the utilities (provide both horizontal and vertical locations) and after potholing, they will be considered QL-A. Both the designating and the potholing will require traffic control plans and related traffic control, and these will be provided as required. High Speed Rail and Union Pacific Railroad Crossing The proposed alignment crosses both the High Speed Rail (HSR) and the Union Pacific Railroad (UPRR) between G and H Streets. Both of these railroads require that the new recycled water main be installed in a steel casing across the railroad rights-of-way. A meeting was held with a representative of HSR and the City on 6 April 2017, and it was decided that the steel casing across both HSR and UPRR will be constructed by HSR, and the construction plans for the casing should be done on a City titleblock, and not an HSR titleblock. Accordingly, the casing will be designed on a City titleblock for TPZP use, and shown in the RWTM plans as "by others." No HSR permit will be required, but it is expected that the City will need to sign some type of agreement with HSR. The new steel casing will be jacked and bored under UPRR, and placed via open cut across HSR. An agreement with UPRR will be obtained to allow the installation of the new pipeline in the casing to be installed by TPZP. Scope of Services The following Scope of Services outline describes the services we propose to provide to the City of Fresno for the project. I. SCHEMATIC DESIGN PHASE A. PROGRAMMING AND PROJECT MANAGEMENT 1. Prepare and maintain design schedule 2. Prepare and submit monthly progress and budget reports 3. Attend biweekly design meetings throughout duration of design 5 a) Sixteen meetings of four hours each attended by the project manager and the engineer are included. B. SURVEYING, AERIAL PHOTOGRAPHY AND MAPPING 1. Provide traffic control for surveys 2. Conduct horizontal and vertical ground control surveys 3. Obtain and incorporate aerial photography 4. Obtain and incorporate photogrammetric topographic mapping 5. Conduct infill topographic ground surveys a) Use conventional ground survey methods C. ENVIRONMENTAL SERVICES 1. Perform cultural resource studies 2. Update the already-existing cultural resource figures in Addendum No. 2 3. Assist the City with updates to the Financial Assistance Program application documents as required 4. Submit to City for review and comment 5. Prepare final addendum to the adopted Tiered Mitigated Negative Declaration (MND) and obtain approval D. GEOTECHNICAL SERVICES 1. Conduct geotechnical investigation a) Borings at intervals of 1/4 mile or less for pipeline alignments b) One boring at each end of each bore-and-jack location c) A total of 11 borings will be performed 2. Prepare geotechnical report a) Include pipe bedding and foundation recommendations b) Include trench configuration and trench safety recommendations E. SCHEMATIC DESIGN REPORT 1. Conduct site investigations 2. Conduct public street, property line & OPL research 3. Coordinate with Caltrans staff for crossings of State right-of-way 4. Coordinate with railroad companies for rail crossings 5. Conduct utility search 6. Prepare utility basemap for use during designating 7. Designate utilities along project alignments 6 8. Survey designated utilities 9. Update utility basemap 10. Prepare schematic (30%) plans 11. Revise Broadway, Mariposa, and H Street for smaller pipe size 12. Prepare itemized estimates of quantities and cost 13. Prepare outline technical specifications 14. Prepare schematic design report, incorporating: a) Topographic surveys b) Geotechnical investigation c) Addendum to the Tiered MND d) Utility investigation findings e) Material and equipment recommendations f) Construction method recommendations g) Schematic plans 15. Submit schematic design report II. DESIGN DEVELOPMENT PHASE A. PRELIMINARY PLANS, SPECIFICATIONS AND ESTIMATES 1. Prepare preliminary cover and index sheets 2. Prepare preliminary plan and profile drawings 3. Prepare preliminary construction detail drawings 4. Prepare preliminary pipeline corrosion monitoring detail drawings 5. Prepare preliminary temporary traffic control plans 6. Prepare preliminary traffic signal loop detector reconstruction plans 7. Prepare and submit underground classification applications 8. Prepare legal descriptions and diagrams for acquisition of easements and rights-of-way a) Up to five different acquisitions 9. Prepare preliminary technical specifications 10. Prepare itemized estimate of quantities and cost 11. Address schematic design review comments 12. Submit preliminary (60%) plans, specifications and estimate 8. UTILITY AND RAILROAD COORDINATION 1 . Prepare and submit railroad permit applications 7 a) Coordinate with City and railroads through permit obtainment 2. Submit preliminary plans to affected companies, agencies & districts 3. Locate critical utility facilities by pothole excavation methods a) Up to 85 locations 4. Coordinate relocation efforts with project design C. AGENCY PERMIT COORDINATION 1. Prepare and submit Caltrans encroachment permit application a) Obtain Caltrans encroachment permit 2. Prepare and submit San Joaquin Valley Air Pollution Control District (SJVAPCD) indirect source review (ISR) application a) Obtain ISR approval and verify SJVAPCD air model calculations Ill. CONSTRUCTION DOCUMENT PHASE A. DRAFT FINAL DESIGN 1. Prepare draft final cover and index sheets 2. Prepare draft final plan and profile drawings 3. Prepare draft final construction detail drawings 4. Prepare draft final pipeline corrosion monitoring detail drawings 5. Prepare draft final temporary traffic control plans 6 . Prepare draft final traffic signal loop detector reconstruction plans 7. Prepare draft final technical specifications 8. Incorporate city "boilerplate" documents 9. Prepare itemized estimates of quantities and cost 10. Address preliminary review comments 11. Submit draft final (90%) plans, specifications and estimates 8. FINAL PLANS, SPECIFICATIONS AND ESTIMATES 1 . Prepare final plans 2. Prepare final specifications 3. Prepare final itemized estimates of quantities and cost 4. Address draft final review comments 5. Submit final (100%) plans, specifications and estimates IV. BIDDING PHASE A. BID SERVICES 8 1 . Attend pre-bid conferences 2. Prepare addenda and clarifications 3. Attend bid opening and evaluate bid proposals 4 . Prepare conform plans and specifications, and provide the following : a) 10 full-size bound sets of conform plans b) 5 half-size bound sets of conform plans c) 10 bound sets of conform specifications d) PDFs of the conform plans and specifications V. CONSTRUCTION PHASE AND GENERAL CONSTRUCTION CONTRACT ADMINISTRATION A. CONSTRUCTION SERVICES 1 . Attend pre-construction conference 2. Review shop drawings and other contractor submittals a) Assume 40 submittals at 4 hours each and 25 resubmittals at 2 hours each 3. Review and provide technical information to City for contractor change orders a) Assume 40 hours total 4. Respond to requests for information (RFls) a) Assume 15 RFls at 8 hours each 5. Provide periodic worksite observation a) Assume 4 site visits at 3 hours each 6. Prepare record drawings a) Assume 15 sheets at two hours of CAD time per sheet and one hour of engineering time per drawing Assumptions 1. Preparation of construction documents will result in one set of construction contract documents for the project pipelines. 2. R-value testing of soils for pavement replacement design is not included as part of the Geotechnical Investigation. 3. The actual extent of utility location efforts by pothole excavation methods is as yet unknown. This Scope assumes that there will be utility pothole excavation at 85 locations. This assumption is based on our recent experience with current City of Fresno pipeline projects where the frequency of pothole excavation has been significantly greater than for older projects. 4. The City will obtain all preliminary title reports required in connection with the acquisition of easements and rights-of-way. 9 5. All City permits that will be required for design and construction activities will be issued by the City as no-fee permits . 6. City will pay all permit fees for permits that cover construction activities but must be obtained during the design process. 7. Construction contractor will pay all permit fees for permits that cover construction activities and are obtained by the contractor under the provisions of the construction contract. 8. For tasks that extend beyond the time limits of a particular Part of the agreement, the task is listed under the Part in which task activities will begin . For example , note that activities for Programming and Project Management, which is listed under Part 1 , Schematic Design Phase, will extend throughout the duration all five parts of the agreement, until all work under the agreement is completed. 9. For all recent and current potable water and recycled water transmission main design and construction projects in and near the City of Fresno, it has been determined that no cathodic corrosion protection, whether sacrificial anode or impressed current in nature, was required at the time of installation. However, corrosion monitoring stations have been incorporated to allow for ongoing monitoring of corrosion potential. This Scope is based on the assumption that the same will hold true for these pipelines, such that corrosion monitoring stations will be included but cathodic protection systems will not. 10. This Scope does not include the preparation of Stormwater Pollution Prevention Plans (SWPPPs). The project specifications will require that the construction contractor prepare SWPPP documents. B. Recycled Water Chlorination Facility at the Regional Wastewater Reclamation Facility The City of Fresno plans to construct a chlorination facility that will store and inject chlorine (sodium hypochlorite) into the recycled water transmission main at a point just downstream of the recycled water pump station at the RWRF. Recycled water is produced by the newly constructed and commissioned Tertiary Treatment and Disinfection Facility (TTDF), which includes ultraviolet (UV) disinfection. The purpose of the chlorination facility is to allow the City to also provide disinfection by chlorination and maintain a chlorine residual in the recycled water if necessary. The design dosage is 1 mg/I. It is anticipated that sodium hypochlorite storage will consist of two 4,000 gallon translucent poly tanks. The tanks will either be double-wall chemical containment tanks, or will be situated in a suitable basin for safe spill containment, or both, as determined through schematic design efforts. The storage facilities will include provisions for tank level indicators. The City will provide control system design for the chlorination facility, which may be incorporated in the project plans and specifications to be constructed as part of overall project construction, or may be constructed under separate arrangements made by the City. A CMU building is planned for the storage and metering facilities. The building will have parapet walls, similar to the configuration of the TTDF electrical and blower building . The building is expected to be approximately 1,000 square feet in size, and will be provided with electrical power and interior and exterior lighting. Potable water will be provided, and an eye- 10 wash station with provisions for an alarm is to be included. One or two 12-foot wide roll-up doors will be provided, together with a single man entry door. No windows or skylights are planned. No heating or air conditioning facilities are planned, but the building will include either evaporative cooling or forced air ventilation. The building roof will be either lumber or steel framed, with roofing materials as determined through schematic design efforts. The exterior of the building will match the finish and color of the TTDF electrical and blower building. It is anticipated that the chlorination facility will be sited near the recycled water pump station, and will be situated so as to remain clear of the area reserved for future pump station expansion. All weather access will be provided to the building for routine operation and maintenance, and for chemical deliveries. The chlorination facility is planned to be designed to accommodate current (5 MGD) and buildout (30 MGD) configurations. The City of Fresno will make arrangements for the provision of electrical power, control circuits, and potable water to the building. The City will also make arrangements for the provision of the Parsons AutoCAD files for the recycled water pump station plans. The City has indicated that it may be desired to include a chlorine measurement station at some point downstream of the chlorination facility injection point. Siting and configuration of a chlorine measurement station will be evaluated during the schematic design phase for the chlorination facility. However, subsequent design of a chlorine measurement station is not included beyond the level of schematic design evaluation. If the City wishes to include a chlorine measurement station in subsequent design phases for this project, the work could be done under an amendment for additional services, once the scope has been refined during schematic design phase efforts. It is anticipated that there will be few or no existing utility facilities to contend with, other than City-owned RWRF utility facilities. Nevertheless, it is prudent to conduct customary utility investigations and notify those utility companies and agencies that may have facilities in the area, for verification efforts if nothing else. Project design efforts should include such utility investigations. However, it is not expected that it will be necessary to determine the locations of existing utility facilities by pothole excavation methods. Scope of Services The following Scope of Services outline describes the services we propose to provide to the City of Fresno for the project. I. Schematic Design Phase A. Prepare and maintain design and construction schedule B. Participate in coordination meetings with City staff 1 . Throughout all project phases C. Conduct site investigations D. Conduct utility investigations 11 1 . Prepare utility notification letters and send to affected utility companies and agencies 2. Prepare and submit utility search documentation 3. Submit schematic design drawings to affected utility companies and agencies for review E. Conduct chlorine measurement station evaluation 1. Evaluate chlorine measurement options for a site located along the transmission main downstream of the chlorination facility and prepare related recommendations F. Obtain and incorporate available and applicable geotechnical investigation reports 1. Provided by City G. Develop access plan for maintenance and chemical deliveries 1. Use AutoTURN software for vehicle path analyses H. Prepare schematic design plans, specifications and estimates (30% PS&E) 1. Sufficiently detailed to define scope and extent of proposed improvements I. Prepare Schematic Design Report, incorporating: 1. Results of all schematic design phase efforts 2. Chlorine measurement station evaluation 3. Schematic design (30%) PS&E J. Submit Schematic Design Report to City for review K. Optional Supplemental Services 1 . Provide as needed services throughout project, upon approval or direction by the City 2. Provide services on a time-and-materials basis, as approved by the City 3. Deliverables as determined through City authorization II. Design Development Phase A. Obtain and incorporate City's schematic design review comments B. Prepare preliminary cover and index sheets C. Prepare preliminary chlorination facility plans, to include: 1. Site paving, grading and drainage plans 2. Site utility plans 3. Floor plan 4. Roof plan 5. Foundation plan 12 6. Exterior elevations 7. Building sections 8. Structural sections 9. Mechanical plans 10. Electrical plans a) Incorporate control system design information provided by City 11 . Plumbing plans 12. Door and louver schedule D. Prepare preliminary construction details E. Prepare preliminary technical specifications F. Prepare preliminary construction cost estimate G. Coordinate with City Planning and Development 1. Obtain review and necessary permits 2. Application and permit fees paid by City H. Identify potential utility conflicts and relocation needs 1 . Meet with City staff to review 2. Coordinate with utilities to facilitate relocations 3. Submit necessary supporting documentation to utilities I. Submit design development (60%) PS&E to City for review Ill. Construction Document Phase A. Obtain and incorporate City's design development review comments B. Prepare draft final cover and index sheets C. Prepare draft final chlorination facility plans, to include: 1 . All elements identified under Design Development Phase D. Prepare draft final construction details E. Prepare draft final technical specifications F. Prepare draft final construction cost estimate G. Submit draft final (100%) PS&E to City for review H. Obtain and incorporate City's final review comments I. Submit final (100%) PS&E to City for approval signatures 13 IV. Bidding Phase A. Attend pre-bid conference 8. Respond to bid questions and prepare addenda if necessary 1. Assume 12 bid question responses 2. Assume two addenda C. Attend bid opening V. Construction Phase and General Construction Contract Administration A. Attend pre-construction conference B. Review shop drawings and other contractor submittals 1. Assume 30 shop drawing and submittal reviews C. Provide clarification of design documents during construction 1. Assume 25 clarifications of design documents D. Review and provide technical information for construction contract change order requests 1. Assume four change order requests. E. Provide periodic worksite observation 1. Assume four site visits F. Prepare and submit record drawings Services Outside of Scope Services not included under our scope of work, but that may be provided upon request, include the following: 1. Environmental studies and investigations 2. Preparation of a Stormwater Pollution Prevention Plan 3. Topographic surveys 4. Boundary or property corner field surveys or preparation of records of survey 5. Preparation of bid documents other than the technical specifications and those sections of the special provisions that relate to this project 6. Design services related to the relocation of franchise utilities 7. Preparation of legal descriptions and diagrams for acquisition of easements and rights-of- way 8. Geotechnical investigations 9. Determination of utility facility locations by pothole excavation methods 10. Design of chlorination facility control systems, which will be provided by City 14 Anticipated Plan Sheets It is expected that the project plans will consist of approximately 25 plan sheets. The following table provides a listing of anticipated plan sheets for design of the proposed chlorination facility. Proposed Plan Sheets Description Number Cover Sheet 1 Index Sheet and General Notes 1 Site Paving, Grading and Drainage Plans 2 Site Utility Plans 1 Floor Plan 1 Roof Plan 1 . Foundation Plan 1 Exterior Elevations 1 Building Sections 1 Structural Sections 2 Mechanical Plans 3 Electrical Plans 3 PlumbinQ Plans 2 Construction Details 5 Total Estimated Plan Sheets: 25 C. CEQA addendum revisions Addendum No. 2 to the adopted Tiered Mitigated Negative Declaration (MND) for the Fresno Recycled Water Distribution system has been prepared that included several revisions to the RWTM alignments and pump station location. Addendum No. 2 has not been finalized yet due to the pending changes included in this proposal. Biological and cultural resource surveys will be conducted and air quality emission estimates will be updated for the new recycled water route discussed under Item A of this proposal. The already-prepared Addendum No. 2 will be updated as required for the new recycled water route. The recycled water system is intended to provide service to Belmont Memorial Park cemetery, which is along the north side of Nielsen Avenue, east of Hughes Avenue. The 15 service for the park is along the north side of Nielsen Avenue, just east of FID's Houghton Canal. Due to the road geometry where Nielsen Avenue crosses the canal, and the presence of several large-diameter gas and water mains in Nielsen Avenue, the pipeline to serve the cemetery will be routed through a utility easement on the north side of Nielsen Avenue. Biological and cultural resource surveys will be conducted, air quality emission estimates will be updated, and Addendum No. 2 will be updated for Nielsen Avenue and the utility easement. D. Project SW1 C2 Additional Services Recycled water Project SW1 C2 is currently bidding. The City has requested that a water main be designed in Franklin Avenue, and conform contract documents be prepared. Additionally, the construction support services that were included for Project SW1 C2 in Amendment No. 2 are being removed, and replacement construction support services are being added. Franklin Avenue Water Main A recycled water main was originally designed for Franklin Avenue east of Hughes within the cemeteries and included in Project SW1 C2; however, the City was unable to obtain the required easement in time due to the required CEQA so the RWM was removed from the project. The required CEQA work is underway and will be included in the forthcoming Addendum No. 2 for the MND. The City has subsequently determined that a potable water main should also be designed and constructed in Franklin Avenue along with the RWM. The potable water main should be designed in Franklin Avenue from Hughes Avenue to Parkway Drive, and in Parkway Drive from Franklin Avenue to Belmont Avenue. The potable water main will be connected to the existing water mains in Hughes and Belmont Avenues It is understood that the City hopes to have both the already-designed RWM and the potable water main constructed by the Project SW1 C2 contractor. The following services will be provided: 1. Potable water main size and water service locations shall be determined through coordination with the cemeteries and the City. The water main and services are expected to serve bathrooms and drinking fountains in the cemeteries. 2. Topographic surveying will be performed from the eastern limits of the proposed RWM to the intersection of Franklin Avenue and Parkway Drive, and along Parkway Drive between Franklin Avenue and Belmont Avenue. 3. The already-prepared legal description will be revised to incorporate the additional required easement in Franklin Avenue and Parkway Drive. 4. The potable water main will be added to the already-prepared plan and profile sheet that includes the RWM, and an additional plan and profile sheet will be prepared that includes the new topographic surveying and the proposed 16 potable water main continuing easterly in Franklin Avenue to Parkway Drive, and then northerly in Parkway Drive to Belmont Avenue. The revised plans will be submitted for City review. 5. Comments will be addressed, and the plan and profile sheets will be provided to the City to use as a contract change order for the SW1 C2 project. Conform Contract Documents There have been several addenda issued that have modified both the plans and the specifications. Conform plans and specifications shall be prepared that modify the as- bid plans and specifications to incorporate all applicable addenda content. The following will be provided: 1. 10 full-size bound sets of conform plans 2. 5 half-size bound sets of conform plans 3. 10 bound sets of conform specifications 4. PDFs of the conform plans and specifications Additional Construction Support Services When the scope and fees for the recycled water projects were initially determined, the City's Construction Management Division was expected to perform the construction management services. Accordingly, the original scope and fees were determined based on our experience with other City of Fresno pipeline projects, and an estimate of our expected involvement. The City subsequently switched to using a third-party construction manager, and our experiences during the construction of previous recycled water projects has shown that the level of effort required for construction support services under the third-party construction manager is considerably greater than under the City's Construction Management Division. Amendment No. 2 included construction support services for this project as estimated for supporting the City's construction management efforts. Additional effort, above and beyond the effort included in Amendment No. 2, will be required. The scope listed in Part A.6 of Amendment No. 2 for the construction support services are removed from the project, and are replaced by the following: 1 . Attend pre-construction conference 2. Review shop drawings and other contractor submittals a) Assume 40 submittals at 4 hours each and 25 resubmittals at 2 hours each 3. Review and provide technical information to City for contractor change orders a) Assume 40 hours total 4. Respond to requests for information (RFls) 17 a) Assume 15 RFls at 8 hours each 5. Provide periodic worksite observation a) Assume 4 site visits at 3 hours each 6. Prepare record drawings a) Assume 15 sheets at two hours of CAD time per sheet and one hour of engineering time per drawing 18 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID19-1859 Agenda Date:6/20/2019 Agenda #:3-J REPORT TO THE CITY COUNCIL June 20, 2019 FROM:MICHAEL CARBAJAL, Director Department of Public Utilities THROUGH:DEJAN PAVIC, PE, Public Utilities Manager Department of Public Utilities - Utilities Planning & Engineering BY:PATRICIA DIEP, Supervising Engineering Technician Department of Public Utilities - Utilities Planning & Engineering SUBJECT Actions pertaining to the Recycled Water Transmission Main, Southwest Quadrant, Project SW4 (Bid File 3505) (Council Districts 3 and 7): 1.Award a construction contract to Teichert Construction, in the amount of $12,740,399 2.Authorize the Director of Public Utilities,or designee,to sign the contract on behalf of the City of Fresno RECOMMENDATIONS Staff recommends that City Council award a construction contract to Teichert Construction,in the amount of $12,740,399 for the Recycled Water Transmission Main (RWTM),Southwest Quadrant, Project SW4 (Project)and authorize the Director of Public Utilities,or designee,to execute the contract of behalf of the City of Fresno (City). EXECUTIVE SUMMARY The Department of Public Utilities (DPU),Wastewater Management Division,is seeking to award a construction contract to Teichert Construction in the amount of $12,740,399.Starting at the intersection of South Trinity Street and East Lemon Avenue/East San Joaquin Street alley of RWTM Segment SW1C2,the Project is the continuation of the RWTM.The scope of work for the Project includes construction of approximatly 3.3-mile pipeline to extend the RWTMs and bring tertiary treated water from the Regional Wastewater Reclamation Facility (RWRF) to downtown Fresno area. BACKGROUND City of Fresno Printed on 3/17/2023Page 1 of 4 powered by Legistar™ File #:ID19-1859 Agenda Date:6/20/2019 Agenda #:3-J In 2009,the State of California adopted a recycled water policy establishing a mandate to increase the use of recycled water in California by 200,000 acre-feet per year by 2020 and an additional 300,000 acre-feet per year by 2030.The Recycled Water Master Plan prepared by the Department of Public Utilities identifies opportunities to assist with compliance of this law by reducing groundwater pumping and replacing groundwater with recycled water for non-potable purposes (i.e. outdoor irrigation,dust control,fountains,etc.).On April 11,2013,the City Council adopted the Recycled Water Master Plan and associated environmental documents. On June 27,2013,the City Council approved a design contract for the RWTM,Southwest Quadrant, starting at the RWRF.When completed,the RWTM,Southwest Quadrant,will connect the Tertiary Treatment facility located at RWRF at West Jensen Avenue and South Cornelia Avenue with Fresno Memorial Gardens Cemetery and other cemeteries,Roeding Park and the Fresno downtown area as shown on the attached Vicinity Map.This system will ultimately serve several cemeteries,City parks (including Roeding Park), water recharge basins, schools, industrial, urban, and agricultural users. On December 11,2014,the Council authorized the submission of an application to the State Water Resources Control Board (SWRCB),State Revolving Fund (SRF)for the financing of the construction of the RWTM,Southwest Quadrant.The loan was approved by the SWRCB on August 3,2015,and provides up to $52,475,049 of financing at a 1%interest rate for the RWTM,Southwest Quadrant. The loan covers the design,construction and construction management for the installation of approximately 21 miles of recycled water transmission main. The award of this Project is the fifth of six phases of the RWTM,Southwest Quadrant,and is approximately 3.3 miles in length.Phase five will continue from phase four and convey recycled water through a 24-inch diameter recycled water main (RWM)in South Trinity Street heading south from East Lemon Avenue/East San Joaquin Street Alley to East Kearney Boulevard,east along East Kearney Boulevard to A Street,southeast along A Street to Inyo Street,northeast along Inyo Street to H Street,west along H Street to Mariposa Street,north along Mariposa Street to Broadway Street, west along Broadway Street to Fresno Street,northeast along Fresno Street to East Illinois Avenue, and in Divisadero Street from Fresno Street to the State Route 41 right-of-way.Additionally,a 6-inch diameter RWM will be constructed in Fresno Street from A Street to the State Route 99 right-of-way. The sixth phase is on the same City Council agenda to award the construction contract. Plans and specifications were prepared for this Project.A Notice of Inviting Bids was published on April 26,2019,and posted on the City’s Planet Bids website.The specifications were distributed to ten prospective bidders and posted at thirteen Builder Exchanges.On May 9,2019,a pre-bid meeting was held.Three sealed bid proposals were received and publicly opened on May 30,2019. Bid proposal prices range from $12,740,399 to $18,732,971.The bid will expire within 90 days of bid opening, on August 28, 2019. Staff has determined that Teichert Construction is the lowest responsible and responsive bidder with a submitted bid of $12,740,399. Their bid price is 28.7% above the Engineer’s Estimate of $9,900,000.The lowest bid was 28.7% over the Engineer's Estimate for this Project mainly for two reasons: 1) costs of domestic raw materials for the pipes and valves have gone up significantly, and 2) the expenses associated with coordination of traffic control related to the construction activities associated with High Speed Rail projects that are ongoing, or will be starting up in the near future, within the vicinity of this Project.The staff determination was posted on the City’s Planet Bids website City of Fresno Printed on 3/17/2023Page 2 of 4 powered by Legistar™ File #:ID19-1859 Agenda Date:6/20/2019 Agenda #:3-J on June 7, 2019. Staff recommends that City Council award a construction contract to Teichert Construction in the amount of $12,740,399. ENVIRONMENTAL FINDINGS On August 18,2014,the City Council adopted the Tiered Mitigated Negative Declaration (MND) (SCH#2014081078)for the Project.Following certification of the Tiered MND and project approval, refinements were made to the Project segment of the pipeline routes.These refinement were included in an Addendum to the Tiered MND which was adopted and approved by the City Council on August 31,2017.This action is to award a construction contract related to the RWTM,Southwest Quadrant.An analysis has been performed pursuant to CEQA Guidelines Sections 15162 and 15164 to determine whether subsequent environmental review is required for the Project.Based on this analysis,the following findings are made to support the determination that no subsequent environmental review is required: 1.No substantial changes are proposed in the Project which will require major revisions of the previous MND due to the involvement of new significant environmental effects,or a substantial increase in the severity of previously identified significant effects. 2.No substantial changes occur with respect to the circumstances under which the Project is undertaken which will require major revisions of the previous MND due to the involvement of new significant environmental effects,or a substantial increase in the severity of previously identified significant effects. 3.There is no new information which was not known or could not have been known at the time of the previous MND that the Project will have significant effects not discussed in the MND. Furthermore,since the MND and Addendum to the Tiered MND were previously adopted for this Project,the considerations set forth in CEQA Guidelines Sections 15162 and 15164,related to the adequacy and feasibility of previously adopted mitigation measures,are not applicable.Based upon these findings,it has been determined that no further environmental documentation is required for this Project. LOCAL PREFERENCE Local preference was not implemented because the lowest responsive and responsible bidder is a local business as defined in the Fresno Municipal Code Section 4-108. FISCAL IMPACT There is no impact to the General Fund.This Project is located in Council Districts 3 and 7.Funding for this Project is included in the Wastewater Management Division’s Fiscal Year 2019 Capital Improvement Budget within the SWRCB SRF Loan Fund 40528.No additional funding is needed for the award of the construction contract. Attachments: Attachment 1 - Bid Evaluation and Fiscal Impact Statement City of Fresno Printed on 3/17/2023Page 3 of 4 powered by Legistar™ File #:ID19-1859 Agenda Date:6/20/2019 Agenda #:3-J Attachment 2 - Sample Contract Attachment 3 - Vicinity Map City of Fresno Printed on 3/17/2023Page 4 of 4 powered by Legistar™ K:\FORMS\EVALUATIONWithDBE FISCAL IMPACT STATEMENT PROGRAM: RECYCLED WATER TRANSMISSION MAIN, SOUTHWEST QUADRANT, PROJECT SW4 Fund: 40528, Org: 414501, Proj. ID: TC00096, Activity: 4CCNT, Res Type: SW001, Account: 57507 TOTAL OR ANNUALIZED RECOMMENDATION CURRENT COST Direct Cost $12,740,399.00 Indirect Cost _$755,000.00 TOTAL COST $13,495,399.00 Additional Revenue or Savings Generated $0.00 Net City Cost $13,495,399.00 Amount Budgeted (If none budgeted, identify source)** $13,950,700.00 *Indirect Cost Inspection $520,000.00 Administration $120,000.00 Contract Compliance _$65,000.00 Other _$50,000.00 ** Amount budgeted is included in the total amount budgeted for Projects SW1D and SW4 ($27,950,700) A 30-year State Revolving Fund (SRF) loan at the annual interest rate of 1% has been secured for this Project. This Project is funded through SRF loan fund 40528. This Project will not impact the General Fund. City of Fresno Department of Public Utilities 1.26 Bidding and Contract Documents CONTRACT CITY OF FRESNO, CALIFORNIA PUBLIC WORK OF IMPROVEMENT THIS CONTRACT is made and entered into by and between CITY OF FRESNO, a California municipal corporation (hereinafter referred to as “City”), and [Contractor Name], [Legal Identity] (hereinafter referred to as “Contractor”) as follows: 1. Contract Documents. The “Notice Inviting Bids,” “Instructions to Bidders,” “Bid Proposal,” and the “Specifications” including “General Conditions,” “Special Conditions,” “Technical Specifications”, “Federal Requirements” and “Davis Bacon Requirements” for the following: [Title] (Bid File No. [Bid File No.]) [Alternates (if any)] copies of which are annexed hereto, together with all the drawings, plans, and documents specifically referred to in said annexed documents, including Performance and Payment Bonds, if required, and are hereby incorporated into and made a part of this Contract, and shall be known as the Contract Documents. 2. Price and Work. For the monetary consideration of [Written Dollar Amount] dollars and [Written Cents Amount] cents ($[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. City of Fresno Department of Public Utilities 1.27 Bidding and Contract Documents 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 Public Utilities Dated: ATTEST: YVONNE SPENCE, MMC CRM City Clerk By: Deputy APPROVED AS TO FORM: DOUGLAS T. SLOAN City Attorney By: [Name] Date Senior Deputy/Deputy 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 #:ID19-1860 Agenda Date:6/20/2019 Agenda #:3-K REPORT TO THE CITY COUNCIL June 20, 2019 FROM:MICHAEL CARBAJAL, Director Department of Public Utilities THROUGH:DEJAN PAVIC, PE, Public Utilities Manager Department of Public Utilities - Utilities Planning & Engineering BY:PATRICIA DIEP, Supervising Engineering Technician Department of Public Utilities - Utilities Planning & Engineering SUBJECT Actions pertaining to the Recycled Water Transmission Main, Southwest Quadrant, Project SW1D (Bid File 3504-2) (Council District 3 and County): 1.Award a construction contract to Emmett’s Excavation, Inc., in the amount of $13,153,194 2.Authorize the Director of Public Utilities,or designee,to sign the contract on behalf of the City of Fresno RECOMMENDATIONS Staff recommends that City Council award a construction contract to Emmett’s Excavation,Inc.,in the amount of $13,153,194 for the Recycled Water Transmission Main (RWTM),Southwest Quadrant,Project SW1D (Project)and authorize the Director of Public Utilities,or designee,to sign the contract of behalf of the City of Fresno (City). EXECUTIVE SUMMARY The Department of Public Utilities (DPU),Wastewater Management Division,is seeking to award a construction contract to Emmett’s Excavation,Inc.,in the amount of $13,153,194.Starting at the intersection of North Cornelia Avenue and West Belmont Avenue of RWTM Segment SW1B,the Project is the continuation of the RWTM.The scope of work for the Project includes construction of approximately 3.4-mile pipeline to extend the RWTMs and bring tertiary treated water from the Regional Wastewater Reclamation Facility (RWRF) to west Fresno and beyond. BACKGROUND City of Fresno Printed on 3/17/2023Page 1 of 4 powered by Legistar™ File #:ID19-1860 Agenda Date:6/20/2019 Agenda #:3-K In 2009,the State of California adopted a recycled water policy establishing a mandate to increase the use of recycled water in California by 200,000 acre-feet per year by 2020 and an additional 300,000 acre-feet per year by 2030.The Recycled Water Master Plan prepared by the Department of Public Utilities identifies opportunities to assist with compliance of this law by reducing groundwater pumping and replacing groundwater with recycled water for non-potable purposes (i.e. outdoor irrigation,dust control,fountains,etc.).On April 11,2013,the City Council adopted the Recycled Water Master Plan and associated environmental documents. On June 27,2013,the City Council approved a design contract for the RWTM,Southwest Quadrant, starting at the RWRF.When completed,the RWTM,Southwest Quadrant,will connect the Tertiary Treatment facility located at RWRF at West Jensen Avenue and South Cornelia Avenue with Fresno Memorial Garden Cemetery and other cemertries,Roeding Park,Fresno downtown area,and the part of Fresno in the vicinity of North Cornelia Avenue and West Shields Avenue.This system will ultimately serve several cemeteries,City parks (including Roeding Park),water recharge basins, schools, industrial, urban, and agricultural users. On December 11,2014,the City Council authorized the submission of an application to the State Water Resources Control Board (SWRCB),State Revolving Fund (SRF)for the financing of the construction of the RWTM,Southwest Quadrant.The loan was approved by the SWRCB on August 3,2015,and provides up to $52,475,049 of financing at a 1%interest rate for the RWTM,Southwest Quadrant.The loan covers the design,construction,and construction management for the installation of approximately 21 miles of the RWTMs. The award of this Project is the final of six phases of the RWTM,Southwest Quadrant,and is approximately 3.4 miles in length.Phase six will continue from phase two and convey recycled water in North Cornelia Avenue heading north from West Belmont Avenue to West Shields Avenue,east along West McKinley Avenue to approximately 300 feet east of North Cecelia Avenue,west along West Clinton Avenue to North Polk Avenue,and south along North Polk Avenue to West Yale Avenue. The fifth phase is on the same City Council agenda to award the construction contract. Contractor Pre-Qualification Process DPU solicited statements of qualifications for pre-qualification for general contractor services. Announcements requesting Pre-Qualification for General Contractor Services for the construction of the Project were published on September 28,2018,in the Fresno Business Journal and posted to the City’s Planet Bids website.The City received ten pre-qualification submittals.Pre-qualification submittals were opened on November 13,2018.The submittals were evaluated by the DPU selection committee utilizing the criteria outlined in the pre-qualification package.A total of eight general contractors met the pre-qualification requirements and were invited to bid on this Project. Construction Bidding Process Plans and specifications were prepared for this Project.A Notice of Inviting Bids was published on April 26,2019,and posted on the City’s Planet Bids website.The specifications were distributed to eight prospective bidders and posted at eleven Builder Exchanges.On May 9,2019,a pre-bid meeting was held.Five sealed bid proposals were received and publicly opened on May 29,2019. Bid proposal prices range from $13,153,194 to $14,584,685.The bid will expire within 90 days of bid City of Fresno Printed on 3/17/2023Page 2 of 4 powered by Legistar™ File #:ID19-1860 Agenda Date:6/20/2019 Agenda #:3-K opening, on August 27, 2019. Staff has determined that Emmett’s Excavation,Inc.,is the lowest responsible and responsive bidder with a submitted bid of $13,153,194.Their bid price is 5.4%below the Engineer’s Estimate of $13,910,000.The staff determination was posted on the City’s Planet Bids website on June 6,2019. Staff recommends that City Council award a construction contract to Emmett’s Excavation,Inc.,in the amount of $13,153,194. ENVIRONMENTAL FINDINGS A Mitigated Negative Declaration (MND)for this Project was adopted by the City Council on December 18,2014.An analysis has been performed pursuant to CEQA Guidelines Section 15162 to determine whether subsequent environmental review is required for the Project.Based on this analysis,the following findings are made to support the determination that no subsequent environmental review is required: 1.No substantial changes are proposed in the Project which will require major revisions of the previous MND due to the involvement of new significant environmental effects,or a substantial increase in the severity of previously identified significant effects. 2.No substantial changes occur with respect to the circumstances under which the Project is undertaken which will require major revisions of the previous MND due to the involvement of new significant environmental effects,or a substantial increase in the severity of previously identified significant effects. 3.There is no new information which was not known or could not have been known at the time of the previous MND that the Project will have significant effects not discussed in the MND. Furthermore,since the MND was previously adopted for this Project,the considerations set forth in CEQA Guidelines Section 15162(a)(3)(C)and (D),related to the adequacy and feasibility of previously adopted mitigation measures,are not applicable.Based upon these findings,it has been determined that no further environmental documentation is required for this Project. LOCAL PREFERENCE Local preference was not implemented because the lowest responsive and responsible bidder is a local business as defined in the Fresno Municipal Code Section 4-108. FISCAL IMPACT There is no impact to the General Fund.This Project is located in Council District 3 and County of Fresno.Funding for this Project is included in the Wastewater Management Division’s Fiscal Year 2019 Capital Improvement Budget within the SWRCB SRF Loan Fund 40528.No additional funding is needed for the award of the construction contract. Attachments: Attachment 1 - Bid Evaluation and Fiscal Impact Statement City of Fresno Printed on 3/17/2023Page 3 of 4 powered by Legistar™ File #:ID19-1860 Agenda Date:6/20/2019 Agenda #:3-K Attachment 2 - Sample Contract Attachment 3 - Vicinity Map City of Fresno Printed on 3/17/2023Page 4 of 4 powered by Legistar™ EVALUATION OF BID PROPOSALS Page 2 FOR: SOUTHWEST RECYCLED WATER TRANSMISSION MAINS, PROJECT SW1D Bid File No. 3504-2 Bid Opening: MAY 29, 2019 K:\FORMS\EVALUATIONWithDBE BACKGROUND OF PROJECT (To be completed by Evaluating Department/Division. Explain need for project/equipment): In 2009, the State of California adopted a recycled water policy establishing a mandate to increase the use of recycled water in California by 200,000 acre-feet per year by 2020 and an additional 300,000 acre-feet per year by 2030. The Recycled Water Master Plan prepared by the Department of Public Utilities identifies opportunities to assist with compliance of this law by reducing groundwater pumping and replacing groundwater with recycled water for non-potable purposes (i.e. outdoor irrigation, dust control, fountains, etc.). On April 11, 2013, the City Council adopted the Recycled Water Master Plan and associated environmental documents. On June 27, 2013, the City Council approved a design contract for the RWTM, Southwest Quadrant, starting at the RWRF. When completed, the RWTM, Southwest Quadrant, will connect the Tertiary Treatment facility located at RWRF at West Jensen Avenue and South Cornelia Avenue with Fresno Memorial Garden Cemetery and other cemertries, Roeding Park, Fresno downtown area, and the part of Fresno in the vicinity of North Cornelia Avenue and West Shields Avenue. This system will ultimately serve several cemeteries, City parks (including Roeding Park), water recharge basins, schools, industrial, urban, and agricultural users. On December 11, 2014, the City Council authorized the submission of an application to the State Water Resources Control Board (SWRCB), State Revolving Fund (SRF) for the financing of the construction of the RWTM, Southwest Quadrant. The loan was approved by the SWRCB on August 3, 2015, and provides up to $52,475,049 of financing at a 1% interest rate for the RWTM, Southwest Quadrant. The loan covers the design, construction, and construction management for the installation of approximately 21 miles of the RWTMs. The award of this Project is the final of six phases of the RWTM, Southwest Quadrant, and is approximately 3.4 miles in length. Phase six will continue from phase two and convey recycled water in North Cornelia Avenue heading north from West Belmont Avenue to West Shields Avenue, east along West McKinley Avenue to approximately 300 feet east of North Cecelia Avenue, west along West Clinton Avenue to North Polk Avenue, and south along North Polk Avenue to West Yale Avenue. K:\FORMS\EVALUATIONWithDBE FISCAL IMPACT STATEMENT PROGRAM: RECYCLED WATER TRANSMISSION MAIN, SOUTHWEST QUADRANT, PROJECT SW1D Fund: 40528, Org: 414501, Proj. ID: TC00096, Activity: 4CCNT, Res Type: SW001, Account: 57507 TOTAL OR ANNUALIZED RECOMMENDATION CURRENT COST Direct Cost $13,153,194.00 Indirect Cost* _ _$775,000.00 TOTAL COST $13,928,194.00 Additional Revenue or Savings Generated $0.00 Net City Cost $13,928,194.00 Amount Budgeted (If none budgeted, identify source)** $14,000,000.00 *Indirect Cost Inspection $530,000.00 Administration $130,000.00 Contract Compliance _$65,000.00 Other _$50,000.00 ** Amount budgeted is included in the total amount budgeted for Projects SW1D and SW4 ($27,950,700) A 30-year State Revolving Fund (SRF) loan at the annual interest rate of 1% has been secured for this Project. This Project is funded through SRF loan fund 40528. This Project will not impact the General Fund. City of Fresno Department of Public Utilities 1.21 Bidding and Contract Documents CONTRACT CITY OF FRESNO, CALIFORNIA PUBLIC WORK OF IMPROVEMENT THIS CONTRACT is made and entered into by and between CITY OF FRESNO, a California municipal corporation (hereinafter referred to as “City”), and [Contractor Name], [Legal Identity] (hereinafter referred to as “Contractor”) as follows: 1. Contract Documents. The “Notice Inviting Bids,” “Instructions to Bidders,” “Bid Proposal,” and the “Specifications” including “General Conditions,” “Special Conditions,” “Technical Specifications”, “Federal Requirements” and “Davis Bacon Requirements” for the following: [Title] (Bid File No. [Bid File No.]) [Alternates (if any)] copies of which are annexed hereto, together with all the drawings, plans, and documents specifically referred to in said annexed documents, including Performance and Payment Bonds, if required, and are hereby incorporated into and made a part of this Contract, and shall be known as the Contract Documents. 2. Price and Work. For the monetary consideration of [Written Dollar Amount] dollars and [Written Cents Amount] cents ($[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. City of Fresno Department of Public Utilities 1.22 Bidding and Contract Documents 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 Public Utilities Dated: ATTEST: YVONNE SPENCE, CMC City Clerk By: Deputy APPROVED AS TO FORM: DOUGLAS T. SLOAN City Attorney By: [Name] Date Senior Deputy/Deputy 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 #:ID19-1903 Agenda Date:6/20/2019 Agenda #:3-L REPORT TO THE CITY COUNCIL June 20, 2019 FROM:WILMA QUAN, City Manager Mayor and & City Manager’s Office LAURA MERRILL, Deputy City Manager Mayor and & City Manager’s Office SUBJECT Approval of a Third Amendment to the Agreement entered between the City of Fresno and the Central California Society for the Prevention of Cruelty to Animals. RECOMMENDATION Staff recommends that the City Council approve the Third Amendment to the Agreement entered between the City of Fresno and the Central California Society for the Prevention of Cruelty for a one- year extension of the Agreement with an option to administratively extend for one additional year.The contract amount will be based upon Council approval of the budget for the corresponding year. EXECUTIVE SUMMARY The Central California Society for the Prevention of Cruelty to Animals (CCSPCA)provides the City of Fresno (City)with all animal control,pound master,veterinary and animal sheltering services,and facilities per a contract entered in March of 2014 and effective through June 30,2019.The City is currently in the bidding period for a Request for Qualifications for Animal Control Services that is scheduled to close June 21,2019.The proposed Third Amendment will allow the CCSPCA to continue to provide services and provide the City with time to review proposals and determine next steps for the animal control services. BACKGROUND The current agreement with the CCSPCA has been in effect since March of 2014,since then,the CCSPCA has continued to provide the City with animal control services including animal control, pound master,veterinary and animal sheltering services.As the agreement is set to expire on June 30,2019,staff recommends that the City Council approve the Third Amendment to the Agreement entered between the City of Fresno and the CCSPCA for a one-year extension of the Agreement with City of Fresno Printed on 3/17/2023Page 1 of 2 powered by Legistar™ File #:ID19-1903 Agenda Date:6/20/2019 Agenda #:3-L entered between the City of Fresno and the CCSPCA for a one-year extension of the Agreement with an option to administratively extend for one additional year.The extension will keep all other terms of the contract as is,and will base the contract amount upon the Council approved budget.The FY 2020 proposed budget includes $4,233,921 to fund contract,a $245,670 increase from the previous contract amount of $3,988,251;these increases are due to a change in the minimum wage detailed in the budget request letter and budget detail from the CCSPCA.The City released a Request for Qualifications for Animal Control Services on April 11,2019 which is scheduled to close on June 21, 2019.The Third Amendment will allow the CCSPCA to continue to administer the animal control services through this RFQ process.Staff recommends that the City Council approve the Third Amendment to the Agreement entered between the City of Fresno and the CCSPCA. ENVIRONMENTAL FINDINGS This is not a project under California Environmental Quality Act (CEQA)pursuant to CEQA Guidelines Section 15378. LOCAL PREFERENCE Local preference does not apply because this is an amendment to an existing agreement. FISCAL IMPACT The FY 2020 Proposed Budget included $4,233,921 to fund contract through June 30, 2020. Attachment: Third Amendment to the Agreement Animal Control Services PPT CCSPCA Budget Request Letter CCSPCA Budget Request Details City of Fresno Printed on 3/17/2023Page 2 of 2 powered by Legistar™ ANIMALCONTROL SERVICES City Council Workshop June 13, 2019 Current Contract Status •Current contract with the Central California Society for the Prevention of Cruelty to Animals (CCSPCA) since 2014 •Expires June 30, 2019 •Proposed Third Amendment (1,1) •Contract Amount $3,988,251 Request for Qualifications Status •Request for Qualifications for Animal Control Services: Release of RFQ April 11, 2019 Deadline for Written Questions May 17, 2019 by 5:00PM Responses to Questions Posted on Web May 31, 2019 Proposals are Due June 21, 2019 by 5:00PM Respondent Interviews Week of July 8, 2019 Request for Qualifications Scope •Three year term with two additional one year extension options •Contract amount not to exceed $4,016,300 per fiscal year subject to City consideration of cost of living adjustments •Provide animal control services as required by applicable law including without limitation Fresno Municipal Code, Chapter 10, Article 3 Request for Qualifications Goals •Enforce animal related ordinances fairly and equitably through a community based service model •Identify and license as many pets as possible through outreach and a pet licensing program •Engages with the public regarding pet ownership and services that are available in this community •Cares for the City's stray and unwanted animals •Adopts, transfers, and fosters animals and implements other key lifesaving programs through positive relationships with the public, volunteers and other animal rescue organizations •Partners with the City for service delivery in an accountable and transparent manner Animal Control Facility Needs •Minimum of 15,000+ square feet, parking, green space •Animal housing, intake/receiving, holding, quarantine, adoption, outdoor, and general animal care areas, veterinary services, non-animal areas, etc. New vs Existing Estimates New Facility •$2-3 million for land •$15-20 million for design, construction •12 months for design •18-24 months for construction •Can be build to suit needs •Total: $23 million Retrofit Existing Building •$2-3 million for existing building and land •$4-6 million for tenant improvements, design retrofit •18-24 months for build out •$10k for Feasibility Study for viable buildings •Total: $9 million Next Steps •Recommend approval of Third Amendment to current agreement •Review RFQ Proposals •Continue due diligence on Retrofit and Design Options •Work with Council Sub-Committee QUESTIONS? Thank you. City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID19-1907 Agenda Date:6/20/2019 Agenda #: REPORT TO CITY COUNCIL June 20, 2019 From: MIGUEL ANGEL ARIAS, Council Vice President Actions pertaining to an ordinance adding Section 11-113 of the Fresno Municipal Code, relating to an expedited, streamlined permitting process for Electric Vehicle Charging Stations. 1. Adopt a finding pursuant to CEQA Guidelines 15061(b)(3) that there is no possibility that this approval will have a significant effect on the environment. 2. BILL - (For introduction)- Adding Section 11-113 of the Fresno Municipal Code, relating to an expedited, streamlined permitting process for Electric Vehicle Charging Stations. City of Fresno Printed on 3/17/2023Page 1 of 1 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID19-1880 Agenda Date:6/20/2019 Agenda #:5-A CLOSED SESSION June 20, 2019 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Government Code Section 54956.9, subdivision (d)(2): 1. Claim of Davis Moreno Construction City of Fresno Printed on 3/17/2023Page 1 of 1 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID19-1908 Agenda Date:6/20/2019 Agenda #:AB. CLOSED SESSION ITEM JUNE 20, 2019 SUBJECT CONFERENCE WITH LABOR NEGOTIATORS - Government Code Section 54957.6 City Negotiators: Jeffrey Cardell, Ken Phillips 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) 4. International Association of Firefighters, Local 753, Unit 5 (Fire Basic) 5. Amalgamated Transit Union, Local 1027 (ATU) 6. International Brotherhood of Electrical Workers, Local 100 (IBEW) 7. Fresno Police Officers Association (FPOA Management) 8. International Association of Firefighters, Local 753, Unit 10 (Fire Management) 9. City of Fresno Professional Employees Association (CFPEA) 10. City of Fresno Management Employees Association (CFMEA) 11. Operating Engineers, Local Union No. 3, Fresno Airport Public Safety Supervisors (FAPSS) 12. Operating Engineers, Local Union No. 3, Fresno Airport Public Safety Officers (FAPSO) 13. Unrepresented Employees in Unit 2 (Non-Represented Management and Confidential Classes): Airport Public Safety Manager Assistant City Attorney Assistant City Manager Assistant Controller Assistant Director Assistant Director of Personnel Services Assistant Director of Public Utilities Assistant Director of Public Works Assistant Police Chief Assistant Retirement Administrator Budget Analyst Budget Manager Chief Assistant City Attorney Chief Information Officer Chief of Staff to Councilmember City of Fresno Printed on 3/17/2023Page 1 of 3 powered by Legistar™ File #:ID19-1908 Agenda Date:6/20/2019 Agenda #:AB. Chief of Staff to the Mayor City Attorney City Attorney Investigator City Clerk City Engineer City Manager Community Coordinator Community Outreach Specialist Controller Council Assistant Deputy City Attorney II Deputy City Attorney III Deputy City Manager Director Director of Aviation Director of Development Director of Personnel Services Director of Public Utilities Director of Transportation Economic Development Coordinator Economic Development Director Executive Assistant to Department Director Executive Assistant to the City Attorney Executive Assistant to the City Manager Fire Chief Governmental Affairs Manager Human Resources Manager Independent Reviewer Internal Auditor Investment Officer Labor Relations Manager Management Analyst II Payroll Accountant Payroll Manager Police Chief Principal Budget Analyst Principal Internal Auditor Public Affairs Officer Public Works Director Retirement Administrator Retirement Benefits Manager Senior Budget Analyst Senior Deputy City Attorney I Senior Deputy City Attorney II Senior Deputy City Attorney III Senior Human Resources/Risk Analyst City of Fresno Printed on 3/17/2023Page 2 of 3 powered by Legistar™ File #:ID19-1908 Agenda Date:6/20/2019 Agenda #:AB. Senior Law Clerk Supervising Deputy City Attorney City of Fresno Printed on 3/17/2023Page 3 of 3 powered by Legistar™