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HomeMy WebLinkAbout2021-03-18 Council Agenda PacketThursday, March 18, 2021 9:00 AM City of Fresno 2600 Fresno Street Fresno, CA 93721 www.fresno.gov Council Chambers City Council President -Luis Chavez Vice President - Nelson Esparza Councilmembers: Esmeralda Z. Soria, Mike Karbassi, Miguel Arias, Tyler Maxwell, Garry Bredefeld City Manager - Thomas Esqueda City Attorney - Douglas T. Sloan City Clerk - Yvonne Spence, MMC Meeting Agenda - Final Regular Meeting March 18, 2021City Council Meeting Agenda - Final PUBLIC ADVISORY: THE CITY COUNCIL CHAMBERS AND CITY HALL WILL NOT BE OPEN TO THE PUBLIC While Emergency Order No. 2020-12 is in effect, City of Fresno public meetings will be conducted electronically and telephonically only. No one will be physically present in the Chambers, and the Chambers will not be open to the public. City Hall remains closed to the public. You can also participate in the meeting on our City’s website click on the URL https://fresno.legistar.com/Calendar.aspx and click on the “In progress” link under “video” for the corresponding meeting. The Council meeting can also be viewed live at 9:00 A.M. on Comcast Channel 96 and AT&T Channel 99. Members of the public are encouraged to participate electronically because of limited seating in the Chamber due to social distancing. PUBLIC COMMENT: The following options are available for members of the public who want to address City Council: 1. eComment at https://fresno.legistar.com/Calendar.aspx. a) eComments is a tool for citizens to use to make comments on agenda items. It will be open during the Council meeting and closed at the end of the meeting and will be a part of the official record. The User Agreement and Procedures document for eComment can be accessed by the URL https://www.fresno.gov/cityclerk/ b) eComments will be a maximum of 450 words. OR 2. You are invited to a Zoom webinar. When: March 18, 2021 09:00 AM Pacific Time (US and Canada) Topic: March 18, 2021 Regular Meeting a) Register in advance for this webinar: https://zoom.us/webinar/register/WN_o5ILZFWpR7mYdknXuxVnkg After registering, you will receive a confirmation email containing information about joining the webinar. b) If you do not wish for your name to appear on the screen, then use the drop down menu and click on “rename” to rename yourself. Page 2 City of Fresno ***Subject to Mayoral Veto March 18, 2021City Council Meeting Agenda - Final c) If you wish to address Council during the public comment portion of the agenda, click on the icon labeled “Participants” at the bottom center of your PC or Mac screen. At the bottom of the window on the right side of the screen, click the icon labeled “RaiseHand”. Your digital hand will now be raised. d) Those addressing Council must state their name for the record. e) To facilitate electronic access, no person shall speak until recognized by the Presiding Officer. OR 3. Email: to clerk@fresno.gov a) Residents may also email comments to be read during the meeting. Please include the agenda date and item number you wish to speak on in the subject line of your email. b) Emails will be a maximum of 450 words. c) All comments received will be distributed to Council prior and during the meeting and will be a part of the official record. All participants will be on mute until they are called upon at which point they will be unmuted. To prevent participants from having their video on, we will remove the option to show their video. Pursuant to the Executive Order, and in compliance with the Americans with Disabilities Act, If you need additional accommodations such as interpreters, sign language signers, or the services of a translator, please contact the office of the City Clerk at (559) 621-7650 or clerk@fresno.gov. To ensure availability, you are advised to make your request at least three business days prior to the meeting. The City of Fresno thanks you in advance for taking all precautions to prevent spreading COVID-19 virus. Page 3 City of Fresno ***Subject to Mayoral Veto March 18, 2021City Council Meeting Agenda - Final ASESORIA PÚBLICA: LAS CÁMARAS DEL AYUNTAMIENTO Y EL AYUNTAMIENTO NO ESTARÁN ABIERTAS AL PÚBLICO Mientras la Orden de Emergencia No. 2020-12 esté vigente, las reuniones públicas de la Ciudad de Fresno se llevarán a cabo únicamente de manera electrónica y telefónica. Nadie estará físicamente presente en las Cámaras y las Cámaras no estarán abiertas al público. El Ayuntamiento permanece cerrado al público. Usted pude participar en la junta en el sitio de internet de nuestra ciudad, haga clic en el URL https://fresno.legistar.com/Calendar.aspx y haga clic en el enlace "En progreso" debajo de "video" para la junta correspondiente. La reunión del Consejo también se puede ver en vivo a las 9:00 a.m. en el Canal 96 de Comcast 96 y el Canal 99 de AT&T. Se anima a los miembros del público a participar electrónicamente dado al espacio de asientos limitados en las Cámaras del Consejo dado al distanciamiento social. COMENTARIO PÚBLICO: Las siguientes opciones están disponibles para los miembros del público que desean dirigirse al Consejo de la Ciudad: 1. Comentario electrónico en https://fresno.legistar.com/Calendar.aspx. a) Los eComments (comentarios electrónicos) estarán abiertos durante la reunión del Consejo y se cerrarán al final de la reunión y formarán parte del registro oficial. Se puede acceder al documento de Acuerdo del Usuario y Procedimientos para eComment a través de la URL https://www.fresno.gov/cityclerk/ b) Los comentarios electrónicos serán de un máximo de 450 palabras. OR 2. Únase en línea por Zoom Estás invitado a un seminario web de Zoom Cuándo: 18 de Marzo de 2021 9:00 a.m., hora del Pacífico (EE. UU. Y Canadá) Tema: 18 de Marzo de 2021 Reunión ordinaria a) Regístrese con anticipación para este seminario web https://zoom.us/webinar/register/WN_o5ILZFWpR7mYdknXuxVnkg b) Si no desea que su nombre aparezca en la pantalla, utilice el menú desplegable y Page 4 City of Fresno ***Subject to Mayoral Veto March 18, 2021City Council Meeting Agenda - Final haga clic en "cambiar nombre" para renombrarse. c) Si desea dirigirse al Consejo de la Ciudad durante la sección de comentarios públicos de la agenda, haga clic en el icono con la etiqueta "Participantes" en la parte inferior central de la pantalla de su PC o Mac. En la parte inferior de la ventana en el lado derecho de la pantalla, haga clic en la parte inferior con la etiqueta "Levantar la Mano". Su mano digital ahora se levantará. d) Aquellos que se dirijan al Consejo deben indicar su nombre para el registro. e) Para facilitar el acceso electrónico, ninguna persona hablará hasta que el Dirigente Oficial lo reconozca. OR 3. Correo electrónico: a clerk@fresno.gov a) Los residentes también pueden enviar comentarios por correo electrónico para ser leídos durante la reunión. Incluya la fecha del agenda y el número de artículo sobre el que desea hablar en la línea de asunto de su correo electrónico. b) Los correos electrónicos tendrán un máximo de 450 palabras. c) Todos los comentarios recibidos se distribuirán al Consejo antes y durante la reunión y formarán parte del registro oficial. Todos los participantes estarán en silencio hasta que se les elija, en cuyo punto se desactivara el silenciador. Para evitar que los participantes tengan su video encendido, eliminaremos la opción de mostrar su video. En conformidad con la Orden Ejecutiva, y en conformidad con la Ley de Estadounidenses con Discpacidades, si necesita adaptaciones adicionales, como intérpretes, un signante del lenguaje a señas o los servicios de un traductor, comuníquese con la oficina del Secretario de la Ciudad al (559) 621-7650 o clerk@fresno.gov. Para asegurar disponibilidad, le aconsejamos que haga su petición por lo menos tres días de negocio antes de la reunión. La Ciudad de Fresno le agradece de antemano por tomar todas las precauciones para evitar la propagación del virus COVID-19. Page 5 City of Fresno ***Subject to Mayoral Veto March 18, 2021City Council Meeting Agenda - Final COV LUS TSHAJ TAWM RAU COV PEJ XEEM: LUB NROOG SUAV CHAMBERS THIAB LUB NROOG HU YUAV TSIS QHIB RAU COV PEJ XEEM Thaum Daim Ntawv Sau Tseg Thaum Muaj Xwm Ceev No. 2020-12 tseem tab tom siv, Lub Nroog Fresno cov rooj sib tham yuav yog siv hluav taws xob thiab xov tooj xwb. Yuav tsis muaj ib tus neeg lub cev nyob hauv Chambers, thiab Chambers yuav tsis qhib rau pej xeem. Lub Nroog Tseem Ceeb raug kaw rau hauv zej zog. Koj koom tau nrog lub rooj sib tham hauv Lub Nroog qhov vesxaij nias rau qhov URL https://fresno.legistar.com/Calendar.aspx thiab nias rau qhov sau tias “In progress” hauv qab qhov sau tias "video" kom koj pom tau lub rooj sib tham. Peb yuav tso Pab Pawg Tswj Xyuas Lub Nroog lub rooj lus sib tham tib lub sijhawm lawv tham ntawd thaum 9:00 A.M. ntawm Comcast Tshooj 96 thiab AT&T Tshooj 99. Peb txhawb kom cov pej xeem koom hauv istawsnev vim tias peb tsis muaj rooj zaum ntau hauv Lub Tsev Sib Tham kom nyob nrug deb tau ntawm lus tus. LUS LOS NTAWM COV PEJ XEEM : Peb muaj cov kev ntawm no rau cov pej xeem uas xav hais lus rau Pab Pawg Tswj Xyuas Lub Nroog: 1. Saum eComment ntawm https://fresno.legistar.com/Calendar.aspx. a) Peb yuav qhib eComment lub sijhawm Pab Pawg Tswj Xyuas Lub Nroog tseem tuav lub rooj sib tham thiab peb yuav kaw thaum lub rooj sib tham xaus thiab peb yuav khaws tseg cov lus hauv rau peb cov ntaub ntawv. Koj mus saib tau Cov Lus Pom Zoo thiab Cov Txheej Txheem Rau Tus Neeg Siv eComment ntawm qhov chaw nyob URL https://www.fresno.gov/cityclerk/ b) Peb tsuas pub koj sau 450 cov lus hauv eComments xwb. OR 2. YKoj raug caw tuaj koom lub rooj sib tham Zoom a) Thaum: Lub peb hlis ntuj 18, 2021 09:00 AM Pacific Lub Sijhawm (Tebchaws Asmeskas thiab Canada) Cov ntsiab lus: Lub peb hlis ntuj 18, 2021 Kev Sib Tham Sib Tham Tso npe rau npe ua ntej lub webinar: https://zoom.us/webinar/register/WN_o5ILZFWpR7mYdknXuxVnkg Tom qab sau npe, koj yuav tau txais email kabke muaj cov ntaub ntawv hais txog koom nrog lub webinar. Page 6 City of Fresno ***Subject to Mayoral Veto March 18, 2021City Council Meeting Agenda - Final b) Yog tias koj tsis xav kom pom koj lub npe ntawm daim screen rau txhua tus pom, ces nias rau qhov menu kom nws tshwm qhov sau tias "rename" kom koj sau tau ib lub npe rau koj tus kheej. c) Yog tias koj xav hais lus rau Pab Pawg Tswj Xyuas Lub Nroog lub sijhawm lawv qhib rau cov pej xeem hais lus, nias rau qhov sau tias “Participants” uas nyob hauv qab lub nrab ntawm koj daim screen rau lub PC lossis Mac. Hauv qab koj daim screen ntawm sab xis, nias qhov sau tias “Raise Hand”. Thaum koj ua li no nws yuav pom koj tsa koj txhais tes. d) Cov uas hais lus rau Pab Pawg Tswj Xyuas Lub Nroog yuav tsum qhia lawv lub npe rau peb muab ntaus cia. e) Kom peb pab cov tib neeg saum istawsnev, peb yuav tsis pub leej twg hais lus txog txij Tus Tswj Saib Xyuas tso cai tso. OR 3. Email: rau clerk@fresno.gov a) Cov tib neeg uas nyob hauv lub nroog kuj email tau lawv cov lus tuaj rau peb nyeem thaum peb tuav lub rooj sib tham los tau thiab. Thov sau lub hnub tim ntawm lub rooj sib tham thiab tus lej ntawm qhov koj xav tham txog uas koj xav hais lus rau ntawm kab subject line (kab qhia txog cov ntsiab lus ntawm tsab email) rau koj qhov email. b) Peb tsuas pub koj sau mus txog 450 cov lus rau hauv koj qhov email xwb. c) Tagnrho cov lus yuav muab faib rau Pab Pawg Tswj Xyuas Lub Nroog pom ua ntej thiab thaum lwv tseem tuav lub rooj sib tham thiab peb yuav khaws tseg tagnrho cov lus hais rau peb cov ntaub ntawv. Peb yuav tua kom txhob hnov cov neeg koom lub suab hais txog txij lawv hu nws lub npe ces thaum ntawd mam li taws pub hnov nws hais lus. Kom peb pab tiv thaiv kom tsis txhob pom cov neeg koom, peb yuav tua qhov pom tus neeg. Raws li Cov Lus Khoo Los Ntawm Cov Nom Tswv, thiab kom peb ua tau raws li Txoj Cai Tiv Thaiv Cov Neeg Asmesliskas Uas Muaj Tej Yam Kev Xiam Oob Qhab, Yog tias koj tim-tsum tej kev pab xws li neeg txhais lus, neeg txhais lus piav tes, los sis ib tug neeg txhais ntawv, thov hu rau qhov chaw ua hauj-lwm City Clerk ntawm (559) 621-7650 los sis clerk@fresno.gove. Txhawm rau kom muaj qhov muaj, koj tau hais qhia kom koj thov li tsawg kawg peb hnub cov hnub ua haujlwm ua ntej lub rooj sib Page 7 City of Fresno ***Subject to Mayoral Veto March 18, 2021City Council Meeting Agenda - Final tham. Lub Nroog Fresno xav ua tsaug rau koj ua ntej los xyuam xim tiv thaiv kom tus kab mob COVID-19 tsis txhob kis tau ntxiv. Page 8 City of Fresno ***Subject to Mayoral Veto March 18, 2021City Council Meeting Agenda - Final 9:02 A.M. ROLL CALL Invocation by Pastor Brad Liebe of Peoples Church Pledge of Allegiance to the Flag APPROVE AGENDA CEREMONIAL PRESENTATIONS Proclamation for “Woman of the Year”ID 21-123 Sponsors:Councilmember Karbassi and Councilmember Soria Proclamation of “2021 National AG Day”ID 21-317 Sponsors:Council President Chavez Proclamation for “Small Business Development Center’s Day” ID 21-369 Sponsors:Councilmember Bredefeld Proclamation for “Preston Prince Day”ID 21-396 Sponsors:Councilmember Soria Proclamation for “A Celebration of Greek democracy in Greece and the United States” ID 21-406 Sponsors:Mayor's Office, Council President Chavez and Councilmember Karbassi COUNCILMEMBER REPORTS AND COMMENTS MAYOR/MANAGER REPORTS AND COMMENTS 1. CONSENT CALENDAR Approval of minutes for March 4, 2021 Regular Meeting, and March 11, 2021 Special Meeting. ID 21-0141-A Sponsors:City Clerk's Office ***BILL No. B-4 - (Intro. 3/4/2021) (For Adoption) Amending Article 15 of Chapter 7 of the Fresno Municipal Code relating ID 21-3451-B Page 9 City of Fresno ***Subject to Mayoral Veto March 18, 2021City Council Meeting Agenda - Final to certain technical amendments required by the California Department of Tax and Fee Administration and as required due to the passage time of the Fresno Clean and Safe Neighborhood Parks Tax Ordinance (Measure P) (Subject to Mayor’s Veto) Sponsors:City Clerk's Office Award a Requirements Contract to PACE Supply, Corp., of Fresno, California in the amount of $164,513.98 for meter boxes, lids and related parts for a term of one-year with the possibility of four one-year extensions, for a total contract value of $822,569.90, plus any Producer Price Index increases. Bid File 9586 (Citywide) ID 21-3711-C Sponsors:Department of Public Utilities Approve the award of a purchase contract to Ruckstell Sales of Fresno, California, for the purchase of 12, 520 Peterbilt side loading refuse trucks in the amount of $4,777,548. ID 21-3241-D Sponsors:Department of Transportation Approve a three-year Agreement with Dell Marketing L.P. to renew Microsoft Enterprise licensing for the City in the amount of $3,189,931.83 in accordance with purchasing procedures from cooperative purchase agreements as set forth in Administrative Order 3-1. ID 21-3161-E Sponsors:Information Services Department Actions related to the leasing of City-owned land at Roeding Park (Council District 3): 1.Adopt a finding of Categorical Exemption pursuant to Section 15301/Class 1 of the California Environmental Quality Act Guidelines 2.Approve first amendment to lease agreement between the City and Storyland and Playland, Inc. for property at Roeding Park, located at 890 W. Belmont Ave, for the purpose of operating Playland and Storyland to provide educational opportunities and pleasure to the children and families in the Central Valley for a term of 31 years at $1.00 per year. ID 21-3481-F Page 10 City of Fresno ***Subject to Mayoral Veto March 18, 2021City Council Meeting Agenda - Final Sponsors:Parks, After School and Recreation and Community Services Department Actions pertaining to amending Sections 3-330, 33-336, 3-338, 3-353e, 3-408, 3-413, 3-415 and 3-424e, 3-547, 3-550, 3-52 and 3-566e of the Fresno Municipal Code to Clarify and Conform the Disability and Death Provisions of the Fire and Police Retirement System and the Employees Retirement System. 1.BILL - (For Introduction) Amending Sections 3-330, 3-336, 3-338, and 3-353(e) of the Municipal Code Relating to the Disability, Death and DROP Provisions of the First Tier of the Fire and Police Retirement System. 2.BILL - (For Introduction) Amending Sections 3-547, 3-550, 3-552, and 3-556(e) of the Municipal Code Relating to the Disability, Death and DROP Provisions of the Employees Retirement System. 3.BILL - (For Introduction) Amending Sections 3-408, 3-413, 3-415, and 3-424(e) of the Municipal Code Relating to the Disability, Death and DROP Provisions of the Second Tier of the Fire and Policy Retirement System. ID 21-3631-G Sponsors:Personnel Services Department Actions pertaining to the Homeless Emergency Aid Program (HEAP): 1.Approve Amended Agreement with Fresno County Economic Opportunities Commission (EOC) for homeless youth services emergency shelter beds totaling $242,153.76 2.Approve Amended Agreement with Turning Point of Central California for triage center services totaling $1,863,000 3.Approve Amended Agreement with Focus Strategies for program management services totaling $170,571 ID 21-3651-H Sponsors:Planning and Development Department Approve the Fourth Amendment to the Consultant Services Agreement with Byrne Software Technologies, Inc., for professional services for Accela Land Management Support, ID 21-3621-I Page 11 City of Fresno ***Subject to Mayoral Veto March 18, 2021City Council Meeting Agenda - Final increasing the contract amount by $75,000, for a total contract value of $525,000, and to extend the agreement to December 31, 2021. Sponsors:Planning and Development Department Actions related to the Freeway Litter Abatement Project: 1.***RESOLUTION - 68th Amendment to the Annual Appropriations Resolution No. 2020-159 Appropriating $197,000 from the California Department of Transportation for the Freeway Litter Abatement Project (Requires 5 votes) (Subject to Mayor’s veto) 2.Approve Contract Change Order No. 2 to the Highway Litter Control Contract with Landscape Maintenance of America dba California Highway Adoption Co, in the amount of $195,194, increasing the total FY21 contract amount to $512,070. ID 21-3491-J Sponsors:Public Works Department Actions pertaining to the Fulton Street Reconstruction Project construction contract with American Paving Company of Fresno, California (Council District 3): 1.Approve Settlement Agreement and Mutual Release, in the amount of $321,335, with American Paving Company, Royston, Hanamoto, Alley & Abey and Provost & Pritchard Engineering Group, Inc. 2.Approve Contract Change Order No. 74, which increases the construction contract amount by $208,867.75 with American Paving Company of Fresno, California ID 21-3511-K Sponsors:Public Works Department Approve a substitution of a listed Subcontractor All State Roofing, Inc., and utilize Golden State Roofing for Fresno Fire Station No. 18 (no cost increase) (Council District 1) ID 21-3561-L Sponsors:Public Works Department RESOLUTION - Of Intention to Annex Final Tract Map No. 6265 as Annexation No. 122 to the CITY OF FRESNO COMMUNITY FACILITIES DISTRICT NO. 11 and to Authorize the Levy of Special Taxes; and setting the public hearing for Thursday, April 22, 2021, at 10:05 am (north side ID 21-3571-M Page 12 City of Fresno ***Subject to Mayoral Veto March 18, 2021City Council Meeting Agenda - Final of East Tulare Street west of North Fowler Avenue) (Council District 5) Sponsors:Public Works Department Actions pertaining to Final Map of Tract No. 5551 RESOLUTION - Approving the Final Map of Tract No. 5551, of Vesting Tentative Tract Map No. 5551, and accepting dedicated public uses offered therein- south side of North Salinas Avenue between North Figarden Drive and West Corona Avenue (Council District 2). ID 21-3681-N Sponsors:Public Works Department Actions pertaining to adding one full-time position to Council District 7 Office Division 1.***Approve 4th Amendment to Position Authorization Resolution No. 2020-160, adding one (1) full-time position to the Council District 7 Office Division, effective March 18, 2021. (Subject to Mayor’s Veto) ID 21-4051-O Sponsors:Vice President Esparza CONTESTED CONSENT CALENDAR 2. SCHEDULED COUNCIL HEARINGS AND MATTERS 10:00 A.M. HEARING to adopt resolutions and ordinance to annex territory and levy a special tax regarding CITY OF FRESNO COMMUNITY FACILITIES DISTRICT NO. 11, Annexation No. 120 (Final Tract Map No. 6224) (southeast corner of East Shields and North Temperance Avenues) (Council District 4) 1.***RESOLUTION - to Annex Territory to Community Facilities District No. 11 and Authorizing the Levy of a Special Tax for Annexation No. 120 (Subject to Mayor’s Veto) 2.***RESOLUTION - Calling Special Mailed-Ballot Election (Subject to Mayor’s Veto) 3.***RESOLUTION - Declaring Election Results (Subject to Mayor’s Veto) ID 21-355 Page 13 City of Fresno ***Subject to Mayoral Veto March 18, 2021City Council Meeting Agenda - Final 4.***BILL - (For introduction and adoption) - Levying a Special Tax for the Property Tax Year 2020-2021 and Future Tax Years Within and Relating to Community Facilities District No. 11, Annexation No. 120 (Subject to Mayor’s Veto) Sponsors:Public Works Department 10:05 A.M. Actions pertaining to amendments to the Master Fee Schedule Resolution No. 80-420 to Add, Adjust, or Delete Various Fees: 1.HEARING to Consider Adoption of the 560th Amendment to the Master Fee Schedule Resolution No. 80-420 to Add, Adjust, or Delete Various Development Fees Associated with the Current Planning, Building and Safety Services, and Parking Divisions of the Planning and Development Department (Citywide). 2.Adopt a finding of statutory exemption pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15273(a) for amendments to fees pertaining to: (1) Public Utilities - (a) Solid Waste, (b) Wastewater, and (c) Water Division; (2) PARCS; and (3) Planning - (a) CPI adjustment, (b) fee adjustments; and (c) new fees proposed. 3.***RESOLUTION -560th Amendment the Master Fee Schedule Resolution No. 80-420 Making Various Changes to the Regulatory, Development, and User Fees in the Current Planning, Building and Safety Services, and Divisions of the Planning and Development Department. (Subject to Mayor’s Veto) 4.***RESOLUTION - 561st Amendment to the Master Fee Schedule Resolution No. 80-420 to Add, Adjust, Revise or Delete Various Fees (Subject to Mayor’s veto) ID 21-120 Sponsors:City Manager's Office 10:10 A.M. Appearance by Anthony Tassone to discuss Remove Racial Bias by Analyzing Police Body Cams While Reducing City Spend. (Speaker resides in Chicago, IL) ID 21-338 Page 14 City of Fresno ***Subject to Mayoral Veto March 18, 2021City Council Meeting Agenda - Final 10:15 A.M. Actions pertaining to property located at 887 Fulton Street (APN 468-282-21T). 1.Adopt a finding of Categorical Exemption pursuant to Article 19, Section 15332 (Class 32-infill) of the California Environmental Quality Act (CEQA) 2.Approve a Purchase and Sale Agreement between the Housing Successor and Noyan Frazier LP for property located at 887 Fulton Street. Sponsors: Executive Director, Fresno Revitalization Corporation ID 21-403 3. GENERAL ADMINISTRATION 4. CITY COUNCIL 5. CLOSED SESSION PUBLIC EMPLOYEE PERFORMANCE EVALUATION 1.Government Code Section 54957(b): Consider the appointment, employment, evaluation of performance, discipline, or dismissal of a public employee. Title: City Clerk 2.Government Code Section 54957.6: Conference with Labor Negotiator City Negotiator: Council President Luis Chavez Unrepresented Employee: City Clerk ID 21-3985-A Sponsors:Council President Chavez CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) Case Name: Gerald Miller v. City of Fresno Fresno County Superior Court Case No.:17CECG03966 (Police Department) ID 21-3765-B Page 15 City of Fresno ***Subject to Mayoral Veto March 18, 2021City Council Meeting Agenda - Final Sponsors:City Attorney's Office CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION or DECIDING WHETHER TO INITIATE LITIGATION Government Code Section 54956.9, subdivision (d)(2) Case Names: City of Fresno v. Carolina Sanchez; City of Fresno v. Immobillare, LLC., and Pat Desantis ID 21-3905-C Sponsors:City Attorney's Office CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Government Code Section 54956.8; Property: APN 438-021-92T, 35T, 93T, and 60T, and 438-062-37T and 53T Negotiating Parties: City Manager, CVCSF. ID 21-3915-D Sponsors:City Attorney's Office CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION - Government Code Section 54956.9, subdivision (d)(1) 1. Terance Frazier, et al. v. City of Fresno, et al.; United States District Court Case No.: 1:20-CV-01069. ID 21-3925-E Sponsors:City Attorney's Office CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Government Code Section 54956.8 Property: 1625 G Street Fresno, CA 93706 (APN 465-084-30) Negotiating Parties: City Manager, 1626 Fresno MRP, LLC Under Negotiations: Price and terms of acquisition ID 21-3935-F Sponsors:Department of Public Utilities CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Government Code Section 54956.8 Property: APN 468-282-21T (Berkeley Building) Negotiating Parties: Executive Director Murphey, Noyan Frazier Capital, L.P. Under Negotiations: Price and terms of sale Sponsors: Executive Director, Fresno Revitalization Corporation ID 21-3945-G Page 16 City of Fresno ***Subject to Mayoral Veto March 18, 2021City Council Meeting Agenda - Final CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION - Government Code Section 54956.9, subdivision (d)(1): City of Fresno v. United States Department of Interior, Bureau of Reclamation; US Court of Federal Claims 16-1276L ID 21-3955-H Sponsors:City Attorney's Office UNSCHEDULED COMMUNICATION PLEASE NOTE: UNSCHEDULED COMMUNICATION IS NOT SCHEDULED FOR A SPECIFIC TIME AND MAY BE HEARD ANY TIME DURING THE MEETING ADJOURNMENT UPCOMING SCHEDULED COUNCIL HEARINGS AND MATTERS APRIL 8, 2021 10:00 A.M. #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. 97 (Final Tract Map No. 6285 (area surrounding the southeast corner of North Armstrong and East Clinton Avenues) (Council District 4) APRIL 8, 2021 10:00 A.M. #2 - (CONTINUED FROM JANUARY 28, 2021 AT 10:00 A.M #3) CONTINUED 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. 46 (Parcel A of Final Parcel Map No. 2019-06) (northeast corner of North First and East Nees Avenues) (Council District 6) APRIL 22, 2021 10:00 A.M. - HEARING 2021-2022 Annual Action Plan Public Hearing Per HUD requirements, we will request public comments on the draft Annual Action Plan, followed by council consideration of plan adoption APRIL 22, 2021 10:05 A.M. - HEARING to adopt resolutions and ordinance to annex territory and levy a special tax regarding CITY OF FRESNO COMMUNITY FACILITIES Page 17 City of Fresno ***Subject to Mayoral Veto March 18, 2021City Council Meeting Agenda - Final DISTRICT NO. 11, Annexation No. 121 (Final Tract Map No. 6241 (west side of North Armstrong Avenue between East Clinton and Weber Avenues) (Council District 4) APRIL 22, 2021 10:05 A.M. #2 - 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. 122 (Final Tract Map No. 6265 (north side of East Tulare Street west of North Fowler Avenue) (Council District 5) May 13, 2021 10:00 A.M. - Resolution of Intent Campus Homesites PUE Vacation May 13, 2021 10:05 A.M. - HEARING to adopt resolutions and ordinance to annex territory and levy a special tax regarding CITY OF FRESNO COMMUNITY FACILITIES DISTRICT NO. 11, Annexation No. 123 (Final Tract Map No, 6266) (territory surrounded by North Blythe, North Santa Fe, and West Sierra Avenues) (Council District 2) UPCOMING EMPLOYEE CEREMONIES April 21, 2021 (Wednesday - 2:00 P.M.) - Employee Service Awards May 19, 2021 (Wednesday - 2:00 P.M.) - Employee of the Spring Quarter July 21, 2021 (Wednesday - 2:00 P.M.) - Employee of the Summer Quarter October 20, 2021 (Wednesday - 2:00 P.M.) - Employee of the Fall Quarter November 17, 2021 (Wednesday - 2:00 P.M.) - Employee Service Awards 2021 CITY COUNCIL MEETING SCHEDULE MARCH 25, 2021 - NO MEETING APRIL 1, 2021 - NO MEETING APRIL 8, 2021 - 9:00 A.M. MEETING APRIL 15, 2021 - NO MEETING APRIL 22, 2021 - 9:00 A.M. MEETING APRIL 29, 2021 - NO MEETING May 6, 2021 - NO MEETING Page 18 City of Fresno ***Subject to Mayoral Veto March 18, 2021City Council Meeting Agenda - Final May 13, 2021 - 9:00 A.M. MEETING May 20, 2021 - NO MEETING May 27, 2021 - 9:00 A.M. MEETING Page 19 City of Fresno ***Subject to Mayoral Veto City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 21-123,Version:1 CEREMONIAL PRESENTATION Proclamation for “Woman of the Year” City of Fresno Printed on 3/12/2021Page 1 of 1 powered by Legistar™ City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 21-317,Version:1 CEREMONIAL PRESENTATION Proclamation of “2021 National AG Day” National Ag Day is on Tuesday, March 23rd. Proclamation for FCFB will be in conjunction with California Women for Agriculture and the Jordan College at Fresno State City of Fresno Printed on 3/12/2021Page 1 of 1 powered by Legistar™ City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 21-369,Version:1 CEREMONIAL PRESENTATION Proclamation for “Small Business Development Center’s Day” City of Fresno Printed on 3/12/2021Page 1 of 1 powered by Legistar™ CITY OF FRESNO Office of Mayor Jerry Dyer & The Fresno City Council WHEREAS, On Thursday, March 18th, 2021 we would like to recognize the Valley Small Business Development Center (SBDC) hosted by Clovis Community College on the occasion of “National Small Business Development Center Day”; and WHEREAS, The Valley Community SBDC continues to demonstrate hard work and commitment and serves as a nationwide leader in job creation and small business growth; and WHEREAS, The Valley Community SBDC promotes the development, growth and success of small businesses and aspiring entrepreneurs throughout Fresno, Tulare, Madera, and Kings Counties; and WHEREAS, The Valley Community SBDC works to launch, grow, transition and innovate businesses, and provides expert consulting, training, market research, access to capital and other tools at low to no cost assistance; and WHEREAS, The Valley Community SBDC is a part of the Central California SBDC Network which since 2003 has assisted thousands of companies, from start-ups to established firms; helped to create and retain over 10,000 jobs; and created more than $435 million in loans and equity. NOW, THEREFORE BE IT RESOLVED that we, Mayor Jerry Dyer and the Fresno City Council wish the Valley Community SBDC on this National SBDC Day continued success in the future by declaring today, March 18, 2021, to be: “Small Business Development Center’s Day” in the City of Fresno. IN WITNESS WHEREOF, we have hereunto set our hands and affixed the Seal of The City of Fresno, California, this 18th day of March, 2021. _________________________________ _____________________________________ MAYOR JERRY DYER COUNCIL PRESIDENT LUIS CHAVEZ _________________________________ _____________________________________ VICE PRESIDENT NELSON ESPARZA COUNCILMEMBER MIKE KARBASSI _________________________________ _____________________________________ COUNCILMEMBER MIGUEL ARIAS COUNCILMEMBER ESMERALDA SORIA _________________________________ _____________________________________ COUNCILMEMBER TYLER MAXWELL COUNCILMEMBER GARRY BREDEFELD City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 21-396,Version:1 CEREMONIAL PRESENTATION Proclamation for “Preston Prince Day” City of Fresno Printed on 3/12/2021Page 1 of 1 powered by Legistar™ City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 21-406,Version:1 CEREMONIAL PRESENTATION Proclamation for “A Celebration of Greek democracy in Greece and the United States” City of Fresno Printed on 3/12/2021Page 1 of 1 powered by Legistar™ City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 21-014,Version:1 REPORT TO THE CITY COUNCIL March 18, 2021 SUBJECT Approval of minutes for March 4, 2021 Regular Meeting, and March 11, 2021 Special Meeting. City of Fresno Printed on 3/12/2021Page 1 of 1 powered by Legistar™ Thursday, March 4, 2021 9:00 AM City of Fresno 2600 Fresno Street Fresno, CA 93721 www.fresno.gov Electronic Meeting City Council President -Luis Chavez Vice President - Nelson Esparza Councilmembers: Esmeralda Z. Soria, Mike Karbassi, Miguel Arias, Tyler Maxwell, Garry Bredefeld City Manager - Thomas Esqueda City Attorney - Douglas T. Sloan City Clerk - Yvonne Spence, MMC Meeting Minutes - Draft Regular Meeting March 4, 2021City Council Meeting Minutes - Draft 9:00 A.M. ROLL CALL President Luis Chavez Vice President Nelson Esparza Councilmember Esmeralda Z. Soria Councilmember Mike Karbassi Councilmember Miguel Angel Arias Councilmember Tyler Maxwell Councilmember Garry Bredefeld Present:7 - Invocation by Pastor Bob Willis of Northpark Community Church Pledge of Allegiance to the Flag APPROVE AGENDA City Clerk Spence announced the following changes to the agenda: Invocation was provided by Associate Pastor, Dave Raufman of Northpark Community Church, File ID 21-258 (1-L): Actions pertaining to Veterans Memorial Building located at 2425 Fresno Street (APN: 46608401T) was removed from the agenda with no date by Director Miller, PARCS Department and Councilmember Arias, File ID 21-305 (1-S): Actions pertaining to Final Map of Tract No. 5551 - Resolution - Approving the Final Map of Tract No. 5551, of Vesting Tentative Tract Map No. 5551, and accepting dedicated public uses offered therein- south side of North Salinas Avenue between North Figarden Drive and West Corona Avenue was removed from the agenda by staff and continued to March 18, 2021, File ID 21-342 (5-A): Conference with Real Property Negotiator - Government Code Section 54956.8 Property: 1625 G Street Fresno, CA 93706 (APN 465-084-30) Negotiating Parties: City Manager, 1626 Fresno MRP, LLC Under Negotiations: Price and terms of acquisition was removed from the agenda with no date by Councilmember Arias, and File ID 21-352 (5-C): Conference with Real Property Negotiator - Government Code Section 54956.8 Property: APN 468-400-54T Negotiating Parties: City Manager Esqueda, Prosperous Terra, LLC (Ruelas, Inc.) Under Negotiations: Price and terms of sale was removed from the agenda with no date by Councilmember Arias. On motion of Councilmember Arias, seconded by Councilmember Soria,the above Action was approved as amended. The motion carried by the following vote: City of Fresno ***Subject to Mayoral Veto Page 2 March 4, 2021City Council Meeting Minutes - Draft Aye:Chavez, Esparza, Soria, Karbassi, Arias, Maxwell and Bredefeld 7 - CEREMONIAL PRESENTATIONS ID 21-250 Proclamation for “National Human Trafficking Awareness Month” PRESENTED COUNCILMEMBER REPORTS AND COMMENTS Councilmember Soria announced last month she held several free food distribution events and was able to provide over 1400 boxes of groceries to the community. She thanked all volunteer and Local 155 Ironworkers. She stated there will be several upcoming food distribution events and the information will be provided on District 1 social media. Councilmember Soria asked the Administration to make sure current Community Based Organizations (CBO) meet with our local lobbyist regarding food distribution. She announced the next coffee and conversation will be March 11, 2021 at 9:00 A.M., the community can participate via Facebook live. She also spoke regarding the month of March is celebrating "Women History Month." Councilmember Arias thanked the Administration for the JSK irrigation project and stated the soccer fields will be blocked off until the grass can settle in. He thanked the community for rezone on Elm street. He spoke regarding his budget community meetings to address the upcoming City budget and asked for community input for areas in the City of Fresno. Councilmember Maxwell stated last Monday, March 1, 2021 was the kickoff of Zero Fair Clean Act where members of the community can ride buses for free. He announced Wednesday, March 3, 2021 was the ribbon cutting ceremony for Fresno American Indian Health Clinic on Shaw and Ninth. He spoke regarding the Live with District 4 youth survey and asked for the community to take the survey on District 4's Facebook page. The survey will be open until the end of March. Councilmember Maxwell spoke regarding the 100 days 100 trees initiative and stated last week they planted 80 trees in the Sierra corridor next to Gettysburg to Shield Avenue. Council Vice President Esparza attended Financing for Central Valley via City of Fresno ***Subject to Mayoral Veto Page 3 March 4, 2021City Council Meeting Minutes - Draft Zoom. A meeting of the Finance and Audit Committee was held., there was a report on the CAFR and a brief overview of outstanding audits. Last week he joined Governor Newsom at the Firm Campus and announced vaccine initiatives. This past Saturday there were clean up events held. Community organizations will host a mattress drops off at one of the Elementary schools. Code Enforcement hosted waste tire amnesty and collected a lot of tires. He announced that he up will be attending food truck Fridays with Mayor Dyer. There will be a Beautify Fresno event on Saturday, March 6, 2021 from 10:00 A.M. to 12:00 P.M. at Manchester. Monday, March 8, 2021 he will be hosting a Zoom meeting regarding Manchester Park updates and get residents input. Council Bredefeld spoke regarding the efforts by the Mayor on the highways and have been successful. He asked if there are any plans to come back into the chambers for Council meetings. Council President Chavez thanked the Community Based Organizations (CBO) who have been working and helping neighborhoods and spoke regarding the vaccines and reopening school districts. MAYOR/MANAGER REPORTS AND COMMENTS Mayor Dyer spoke regarding last Saturday's Beautify Fresno event. Highway City had over 100 volunteers. This Saturday there will be a Beautify Fresno event starting at Manchester Mall. You can sign up at beautifyfresno.org. He will be with District 7 all the way from Blackstone and Shields to McKinley. Saturday youth forum will be held at 4pm. Sunday he will be speaking at the Well Community Church. He provided an update on Project Off Ramp, they started on highway 41. They have housed 133 individuals. He gave a shout out to Poverello House. They are now on highway 99 around Ventura and Fresno Street, then highway 180 between First and 11th Street. City Manager Esqueda updated the council on the tray memos that have been sent to the districts. UNSCHEDULED COMMUNICATION The following members of the public addressed Council: Brandi Villegas City of Fresno ***Subject to Mayoral Veto Page 4 March 4, 2021City Council Meeting Minutes - Draft and Lisa Flores. 1. CONSENT CALENDAR On motion of Councilmember Arias, seconded by Councilmember Maxwell,the the below CONSENT CALENDAR items were approved. The motion carried by the following vote: Aye:Chavez, Esparza, Soria, Karbassi, Arias, Maxwell and Bredefeld 7 - 1-A ID 21-013 Approval of minutes for February 18, 2021 Regular Meeting. 1-B ID 21-344 BILL - (For introduction) Amending Article 15 of Chapter 7 of the Fresno Municipal Code relating to certain technical amendments required by the California Department of Tax and Fee Administration and as required due to the passage time of the Fresno Clean and Safe Neighborhood Parks Tax Ordinance (Measure P) The above item was pulled by Councilmember Soria and moved to Contested Consent for further discussion. 1-C ID 21-252 Approve a one year extension through January 31, 2022, for the purchase and delivery of refuse and recycling containers utilizing a cooperative purchase agreement through the City of Tucson, Arizona, with an option for the Director to extend the purchase contract for one additional year through January 31, 2023, not to exceed $1,232,800 1-D ID 21-312 Approve the Sixth Amendment to the Consultant Services Agreement with Provost and Pritchard Consulting Group, Inc., to extend the Agreement term from March 31, 2021 to January 15, 2022 (no additional funds), for Engineering Design and Feasibility Analysis for Removal of 1,2,3-Trichloropropane from Groundwater Extraction Wells, for a previously approved contract amount of $1,020,000 (Citywide) 1-E ID 21-313 Actions pertaining to the Recycled Water Distribution System Extension to the Martin Luther King Activity Center Project (Bid File 3698) (Council District 3): 1.Adopt Addendum 3 to the Fresno Recycled Water Distribution City of Fresno ***Subject to Mayoral Veto Page 5 March 4, 2021City Council Meeting Minutes - Draft System, Southwest Quadrant Tiered Mitigated Negative Declaration (State Clearinghouse No. 2014081078) 2.Approve a Cost Reimbursement Agreement between the City of Fresno and the State Center Community College District 3.Approve the Second Amendment to the Consultant Services Agreement with Blair, Church & Flynn Consulting Engineers to increase the design fee by $58,083, for a total amended not to exceed fee of $253,053, including the contingency of $10,000, and to extend the agreement term from July 30, 2021 to February 25, 2022 4.Award a construction contract to Emmett’s Excavation, Inc., in the amount of $2,822,054 The above item was pulled by Councilmember Soria and moved to Contested Consent for further discussion. 1-F ID 21-268 Approve a Five Year, $250,000 Agreement with Willdan Financial Services for Municipal Securities Administrative Services 1-G ID 21-118 ***RESOLUTION - 58th Amendment to the Annual Appropriation Resolution (AAR) No 2020-159 to appropriate $1,069,700 in the Fire Station 18 Construction Fund. (Requires five affirmative votes) (Subject to Mayor’s Veto) RESOLUTION 2021-051 ADOPTED 1-H ID 21-119 Approve Master Agreement for inter-agency instructional services between Fresno City College and the City of Fresno Fire Department for reimbursement of instructional training costs 1-I ID 21-254 ***RESOLUTION - 61st Amendment to the Annual Appropriation Resolution No 2020-159 establishing reappropriations in the amount of $156,400 from the California Office of Emergency Services to the Fire Department to provide hazmat training and annual physicals. (Requires five affirmative votes) (Subject to Mayor’s Veto) RESOLUTION 2021-052 ADOPTED 1-J ID 21-260 ***RESOLUTION - 62nd Amendment to the Annual Appropriation Resolution No 2020-159 establishing appropriations in the City of Fresno ***Subject to Mayoral Veto Page 6 March 4, 2021City Council Meeting Minutes - Draft amount of $127,400 from the cycle year 2019 State Homeland Security Grant Program to the Fire Department to purchase equipment. (Requires five affirmative votes) (Subject to Mayor’s Veto) RESOLUTION 2021-053 ADOPTED 1-K ID 21-323 Authorize the Fire Chief to apply for the 2020 SAFER (Staffing for Adequate Fire and Emergency Response) Grant. 1-L ID 21-258 Actions pertaining to Veterans Memorial Building located at 2425 Fresno Street (APN: 46608401T): 1.Adopt a finding of Categorical Exemption pursuant to Section 15301/Class 1 of the California Environmental Quality Act (CEQA) guidelines. 2.Approve lease agreement between the City and Children’s Musical Theaterworks Inc. for use of office and storage space in the Veterans Memorial Auditorium for a three-year term with option to extend for two one-year periods at $1.00 per year. The above item was removed from the agenda by Councilmember Arias and Director Miller, PARCs Department with no return date. 1-M ID 21-325 ***RESOLUTION - Adopt the 3rd Amendment to FY 2021 Salary Resolution No. 2020-157, amending Exhibit 13-1, Unit 13, Exempt Supervisory and Professional (CFPEA) by adding the classification of Assistant Law Office Manager and providing a salary range for the respective class, effective March 15, 2021, with no increase in total positions nor additional funding (Subject to Mayor’s Veto). RESOLUTION 2021-054 ADOPTED 1-N ID 21-326 *** Approve a Resolution providing 2021 COVID-19 Supplemental Leave time to City employees effective January 1, 2021. (Subject to Mayor’s Veto) RESOLUTION 2021-055 ADOPTED 1-O ID 21-291 Actions pertaining to the 2017 Transformative Climate Communities (TCC) Grant and Transform Fresno Plan projects: 1.Adopt a finding of Categorical Exemption per staff determination, pursuant to Section 15301 and Section 15304 of City of Fresno ***Subject to Mayoral Veto Page 7 March 4, 2021City Council Meeting Minutes - Draft the California Environmental Quality Act (CEQA) Guidelines for Project #16 and Project #17 2.Approve Sub-Recipient Agreement with State Center Community College District for the Workforce Development Plan - Welding Program totaling $1,850,500 3.Approve Sub-Recipient Agreement with Fresno Metro Ministry for Project #15 Yosemite Village Community Orchard totaling $262,500 4.Approve Sub-Recipient Agreement with Fresno Metro Ministry for Project #16 St. Rest + Food to Share Hub: Urban Heat Island Mitigation totaling $62,220 5.Approve Sub-Recipient Agreement with Fresno Metro Ministry for Project #17 St. Rest + Food to Share Hub: Healthy Food Rescue and Redistribution Hub totaling $1,488,280 6.***RESOLUTION - Adopting the 60th amendment to the Annual Appropriation Resolution (AAR) No. 2020-159 appropriating $3,663,600 for the TCC grant (Requires five affirmative votes) (Subject to Mayor’s Veto). RESOLUTION 2021-056 ADOPTED 1-P ID 21-287 RESOLUTION - Of Intention to Annex Final Tract Map No. 6241 as Annexation No. 121 to the CITY OF FRESNO COMMUNITY FACILITIES DISTRICT NO. 11 and to Authorize the Levy of Special Taxes; and setting the public hearing for Thursday, April 22, 2021, at 10:05 am (west side of North Armstrong Avenue between East Clinton and Weldon Avenues) (Council District 4) RESOLUTION 2021-057 ADOPTED 1-Q ID 21-289 Approve Contract Change Order No. 01 in the amount of $52,800 to Rehak General Engineering for the Big Dry Creek Diversion Channel Slope Reconstruction (Project ID WC00038), increasing the total contract amount to $180,000 (County of Fresno) 1-R ID 21-296 ***RESOLUTION - Adopting the 66th Amendment to the Annual Appropriations Resolution No. 2020-159 Appropriating $500,000 ($250,000 was previously appropriated for a total of $750,000) for the South Fresno AB 617 Truck Rerouting Study Project. (Council Districts 1, 3, 5 and 7) (requires five affirmative votes) City of Fresno ***Subject to Mayoral Veto Page 8 March 4, 2021City Council Meeting Minutes - Draft (Subject to Mayor’s Veto) RESOLUTION 2021-058 ADOPTED 1-S ID 21-305 Actions pertaining to Final Map of Tract No. 5551 RESOLUTION - Approving the Final Map of Tract No. 5551, of Vesting Tentative Tract Map No. 5551, and accepting dedicated public uses offered therein- south side of North Salinas Avenue between North Figarden Drive and West Corona Avenue (Council District 2). The above item was pulled from the agenda and continued to March 18, 2021 1-T ID 21-331 Approve the Second Amendment to the Agreement between the City of Fresno and Cushman and Wakefield/Pacific Commercial Realty Associates to exercise the option for a 1-year extension 1-U ID 21-332 ***RESOLUTION - Authorizing the City of Fresno’s Participation in the State Rental Assistance Program (Subject to Mayor’s Veto) RESOLUTION 2021-059 ADOPTED 1-V ID 21-346 ***RESOLUTION - Adopting the 69th amendment to the Annual Appropriations Resolution (AAR) No. 2020-159 appropriating $29,467,800 in Emergency Rental Grant Funds from the Federal and State Governments to facilitate payments to eligible applicants and reimburse the City for administrative costs associated with managing the programs (requires five affirmative votes) (Subject to Mayor’s Veto) RESOLUTION 2021-060 ADOPTED 1-W ID 21-335 BILL - (for introduction and adoption) an emergency ordinance adding Section 2-517 to the Fresno Municipal Code related to grocery store employee hazard pay. (Requires five affirmative votes) The above item was pulled by Council President Chavez and moved to Contested Consent for further discussion. 1-X ID 21-343 RESOLUTION - Authorizing Southeast Fresno Community City of Fresno ***Subject to Mayoral Veto Page 9 March 4, 2021City Council Meeting Minutes - Draft Economic Development Association, Inc.’s submission of a Statewide Park Development and Community Revitalization (Proposition 68) Grant application and delegating authority to City Manager to execute a concession agreement RESOLUTION 2021-061 ADOPTED 1-Y ID 21-336 Actions pertaining to COVID-19 testing, tracing, quarantine, and vaccination support: 1.Approve Second Amendment to contract for COVID-19 testing, tracing, quarantine, and vaccination support with UCSF, no cost, extending time for performance 2.Approve Second Amendment to contract for COVID-19 testing, tracing, quarantine, and vaccination support with North Fresno Primary Care, Inc. (Bautista Medical Group), no cost, extending time for performance 3.Approve First Amendment to contract for COVID-19 testing, tracing, quarantine, and vaccination support with United Health Centers of the San Joaquin Valley, no cost, extending time for performance 1-Z ID 21-337 Approve First Amendment of Grant Agreement with Fresno Economic Opportunities Commission for food distribution, no cost, extending time for performance Council President Chavez recused himself from the above item. Item PASSED 6-0, CONTESTED CONSENT CALENDAR 1-B ID 21-344 BILL - (For introduction) Amending Article 15 of Chapter 7 of the Fresno Municipal Code relating to certain technical amendments required by the California Department of Tax and Fee Administration and as required due to the passage time of the Fresno Clean and Safe Neighborhood Parks Tax Ordinance (Measure P) Councilmember Soria motioned to approve as amended to include language in Section -152 Operative Date "The Operative date is expected to be July City of Fresno ***Subject to Mayoral Veto Page 10 March 4, 2021City Council Meeting Minutes - Draft 1, 2021." Councilmember Arias seconded the motion. BILL 4 APPROVED AS AMENDED, INTRODUCED, AND LAID OVER On motion of Councilmember Soria, seconded by Councilmember Arias, that the above Action Item be approved as amended. The motion carried by the following vote: Aye:Chavez, Esparza, Soria, Arias and Maxwell5 - No:Karbassi and Bredefeld2 - 1-E ID 21-313 Actions pertaining to the Recycled Water Distribution System Extension to the Martin Luther King Activity Center Project (Bid File 3698) (Council District 3): 1.Adopt Addendum 3 to the Fresno Recycled Water Distribution System, Southwest Quadrant Tiered Mitigated Negative Declaration (State Clearinghouse No. 2014081078) 2.Approve a Cost Reimbursement Agreement between the City of Fresno and the State Center Community College District 3.Approve the Second Amendment to the Consultant Services Agreement with Blair, Church & Flynn Consulting Engineers to increase the design fee by $58,083, for a total amended not to exceed fee of $253,053, including the contingency of $10,000, and to extend the agreement term from July 30, 2021 to February 25, 2022 4.Award a construction contract to Emmett’s Excavation, Inc., in the amount of $2,822,054 Discussion was held between Councilmembers and City Attorney Sloan regarding local prefereces. Councilmember Arias requested to meet with the Administration and the Developer. APPROVED On motion of Councilmember Soria, seconded by Councilmember Arias, that the above Action Item be approved. The motion carried by the following vote: Aye:Chavez, Esparza, Soria, Karbassi, Arias, Maxwell and Bredefeld 7 - City of Fresno ***Subject to Mayoral Veto Page 11 March 4, 2021City Council Meeting Minutes - Draft 1-W ID 21-335 BILL - (for introduction and adoption) an emergency ordinance adding Section 2-517 to the Fresno Municipal Code related to grocery store employee hazard pay. (Requires five affirmative votes) The above item was introduced to Council by Council President Chavez, District 5 and City Attorney Sloan, City Attorney's Office. Council President Chavez requested the item be introduced and discussed and the adoption be moved to the next meeting, March 18, 2021. Councilmember Bredefeld registered a no vote on the above item. Council President Chavez would like to add additional language to the ordinance. BILL 5 APPROVED AS AMENDED, INTRODUCED AND LAID OVER 2. SCHEDULED COUNCIL HEARINGS AND MATTERS 10:00 A.M. ID 21-297 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. 119 (Final Tract Map No. 6240) (northwest corner of East Dakota and North Armstrong Avenues) (Council District 4) 1.***RESOLUTION - to Annex Territory to Community Facilities District No. 11 and Authorizing the Levy of a Special Tax for Annexation No. 119 (Subject to Mayor’s Veto) 2.***RESOLUTION - Calling Special Mailed-Ballot Election (Subject to Mayor’s Veto) 3.***RESOLUTION - Declaring Election Results (Subject to Mayor’s Veto) 4.***BILL - (For introduction and adoption) - Levying a Special Tax for the Property Tax Year 2020-2021 and Future Tax Years Within and Relating to Community Facilities District No. 11, Annexation No. 119 (Subject to Mayor’s Veto) The above item was called to order at 10:51 A.M. There was no introduction City of Fresno ***Subject to Mayoral Veto Page 12 March 4, 2021City Council Meeting Minutes - Draft to Council, no Council discussion, and upon call, the following member addressed Council: Lisa Flores. RESOLUTION 2021-062 RESOLUTION 2021-063 RESOLUTION 2021-064 BILL 6/ORDINANCE 2021-006 ADOPTED On motion of Councilmember Maxwell, seconded by Councilmember Arias, that the above Action Item be adopted. The motion carried by the following vote: Aye:Chavez, Esparza, Soria, Karbassi, Arias, Maxwell and Bredefeld 7 - 10:05 A.M. ID 21-139 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. 118 (Final Tract Map No. 6261 (Phase II of Vesting Tentative Tract Map No. 6258 centered within the block of North Hayes Avenue, West Gettysburg, North Bryan, and Ashlan Avenues) (Council District 1) 1.***RESOLUTION - to Annex Territory to Community Facilities District No. 11 and Authorizing the Levy of a Special Tax for Annexation No. 118 (Subject to Mayor’s Veto) 2.***RESOLUTION - Calling Special Mailed-Ballot Election (Subject to Mayor’s Veto) 3.***RESOLUTION - Declaring Election Results (Subject to Mayor’s Veto) 4.***BILL - (For introduction and adoption) - Levying a Special Tax for the Property Tax Year 2020-2021 and Future Tax Years Within and Relating to Community Facilities District No. 11, Annexation No. 118 (Subject to Mayor’s Veto) The above item was called to order at 10:52 A.M. There was no introduction to Council, no Council discussion, and no public comment. RESOLUTION 2021-065 RESOLUTION 2021-066 City of Fresno ***Subject to Mayoral Veto Page 13 March 4, 2021City Council Meeting Minutes - Draft RESOLUTION 2021-067 BILL 7/ORDINANCE 2021-007 ADOPTED On motion of Councilmember Soria, seconded by Vice President Esparza, that the above Action Item be adopted. The motion carried by the following vote: Aye:Chavez, Esparza, Soria, Karbassi, Arias, Maxwell and Bredefeld 7 - 10:10 A.M. ID 21-236 HEARING to consider Plan Amendment Application No. P20-03758 and related Environmental Finding filed by the Planning and Development Department Director pertaining to 16.63 miles of bikeways within the City of Fresno. 1.ADOPT Environmental Assessment No. P20-03758, an Addendum to Mitigated Negative Declaration No. A-16-015 adopted by the Fresno City Council on March 2, 2017 for the Fresno Active Transportation Plan, Program Environmental Impact Report SCH No. 2012041009 certified by the Fresno City Council on October 20, 2016 for the Downtown Plans and Code, and Final EIR No. 10108 certified for the Tower District Specific Plan on March 26, 1991 pursuant to California Environmental Quality Act Guidelines Sections 15162 and 15164; 2. RESOLUTION - Approving Plan Amendment Application No. P20-03758 proposing to amend the Active Transportation Plan to reclassify ten planned bikeways and adding classification to three segments not previously identified (Figure 48 Build-Out Bikeways - Insert 2, 3, and 5) as described in Exhibits A; 3.RESOLUTION - Approving Plan Amendment Application No. P20-03758 proposing to amend the Downtown Neighborhoods Community Plan to reclassify seven planned bikeways and adding classification to two segments not previously identified and to add a new street cross section B6, Boulevard with Protected Bike Lanes and Parking, and amending Figures 3-1, Proposed Bicycle Facilities, Figure 3-4B Downtown Street Network, and Table 3-2B to reflect said amendments and corresponding amendments to other plans for consistency as described in Exhibits A; 4.RESOLUTION - Approving Plan Amendment Application No. City of Fresno ***Subject to Mayoral Veto Page 14 March 4, 2021City Council Meeting Minutes - Draft P20-03758 proposing to amend the Fulton Corridor Specific Plan to reclassify one planned bikeway and amending Figure 9.6A-Proposed Bicycle Facilities, 9.3B-Downtown Street Network, and Table 9.3B to reflect said amendments and corresponding amendments to other plans for consistency as described in Exhibits A; 5.BILL - (For introduction and adoption) - Approving Plan Amendment Application No. P20-03758 proposing to amend the Tower District Specific Plan to reclassify four planned bikeways and adding classification to one segment not previously identified and amending Figure 6-3 - Existing and Proposed Bikeways to reflect said amendments as described in Exhibits A. The above item was introduced to Council by Drew Wilson, Planning and Development. Upon call the following members of the public addressed Council: Karla Martinez. RESOLUTION 2021-068 ADOPTED RESOLUTION 2021-069 ADOPTED RESOLUTION 2021-070 ADOPTED BILL 8/ORDINANCE 2021-008 ADOPTED On motion of Councilmember Soria, seconded by Councilmember Arias, that the above Action Item be adopted. The motion carried by the following vote: Aye:Chavez, Esparza, Soria, Karbassi, Arias, Maxwell and Bredefeld 7 - 10:15 A.M. ID 21-315 Consideration of Plan Amendment/Rezone Application Nos. P20-00635, Conditional Use Permit Application No. P20-00636 and related Environmental Assessment No. P20-00635/P20-00636 for approximately 12.18 acres of property located on the northeast corner of East Jensen and South Maple Avenues. (Council District 5) - Planning and Development Department. 1.ADOPT - The Mitigated Negative Declaration prepared for Environmental Assessment (EA) No. P20-00635/P20-00636, City of Fresno ***Subject to Mayoral Veto Page 15 March 4, 2021City Council Meeting Minutes - Draft dated February 10, 2021, for the proposed project pursuant to the California Environmental Quality Act (CEQA). 2.RESOLUTION - Approving Plan Amendment Application No. P20-00635 to proposing to amend the 2035 Fresno General Plan to change the planned land use designations for the subject property from the Residential Urban Neighborhood (±3.53 acres), Commercial Community (±2.15 acres), and Light Industrial (±5.90 acres) to the Residential High Density (±3.4 acres), Commercial Community (±6.5 acres) and Light Industrial (±2.2 acres). 3.BILL - (For introduction and adoption) Approving Rezone Application No. P20-00635 proposing to amend the Official Zoning Map of the City of Fresno to reclassify the subject property from the RM-2/UGM (Residential Multi-Family, Urban Neighborhood/Urban Growth Management)(±3.53 acres), CC/UGM (Community Commercial/Urban Growth Management) (±2.15 acres) and IL (Light Industrial/Urban Growth Management)(±5.90 acres) to the RM-3/UGM (Residential Multi-Family, High Density/Urban Growth Management)(±3.4 acres), CC/UGM (Community Commercial/Urban Growth Management)(±6.5 acres) and IL/UGM (Light Industrial/Urban Growth Management)(±2.2 acres) zone districts in accordance with the Plan Amendment Application No. P20-00635. 4.APPROVE - Conditional Use Permit Application No. P20- 00636 a request to construct a ±170,000 square-foot, 4-story, multi-family residential building with a ±4,000 square-foot day care center; a ±4,000 square-foot convenience store with an eight-dispenser/16-station fuel canopy; and ±73,091 square-feet of retail/office buildings. The above item was called to order at 11:13 A.M. and introduced to Council by Council President Chavez, District 5. Upon call, the following members of the public addressed Council: Lee Ann Eager, Brian Cuttone, Karla Martinez, and Nick Yovino Jr. RESOLUTION 2021-071 ADOPTED City of Fresno ***Subject to Mayoral Veto Page 16 March 4, 2021City Council Meeting Minutes - Draft BILL 9/ORDINANCE 2021-009 On motion of President Chavez, seconded by Councilmember Karbassi, that the above Action Item be adopted. The motion carried by the following vote: Aye:Chavez, Esparza, Soria, Karbassi, Arias, Maxwell and Bredefeld 7 - 3. GENERAL ADMINISTRATION 3-A ID 21-211 Workshop on Displacement Avoidance work related to the Transformative Climate Communities (TCC) grant The above workshop was introduced to Council by Program Implementation Manager for TCC, Espinoza, City Manager's Office and Dr. Destiny Thomas. PRESENTED City Council recessed for lunch at 12:15 P.M. and returned from Closed Session at 1:33 P.M. 3-B ID 21-333 Workshop on American Rescue Plan and proposed allocation methodology The above workshop was introduced to Council by Assistant City Manager White, City Manager's Office. Upon call, the following members of the public addressed Council: Sam Frank PRESENTED 3-C ID 21-281 Workshop - Housing Production The above workshop was presented to Council by Director Clark, Planning and Development and Assistant Director Zack, Planning and Development Department. PRESENTED 4. CITY COUNCIL There were no City Council items. 5. CLOSED SESSION City of Fresno ***Subject to Mayoral Veto Page 17 March 4, 2021City Council Meeting Minutes - Draft Upon call, there was no public comment. City Council recessed into Closed Session at 4:36 P.M. and returned from Closed Session at 5:25 P.M. There were no announcements after Closed Session. 5-A ID 21-342 CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Government Code Section 54956.8 Property: 1625 G Street Fresno, CA 93706 (APN 465-084-30) Negotiating Parties: City Manager, 1626 Fresno MRP, LLC Under Negotiations: Price and terms of acquisition The above item was removed from the agenda and tabled by Councilmember Arias. 5-B ID 21-339 CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION Government Code Section 54956.9, subdivision (d)(2) Significant Exposure to Litigation: South Fresno Community Alliance (SFCA) v. City of Fresno DISCUSSED 5-C ID 21-352 CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Government Code Section 54956.8 Property: APN 468-400-54T Negotiating Parties: City Manager Esqueda, Prosperous Terra, LLC (Ruelas, Inc.) Under Negotiations: Price and terms of sale The above item was removed from the agenda and tabled by Councilmember Arias. 5-D ID 21-354 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) Case Name: Anthony Perez, et al. v. City of Fresno, et al. United States District Court Case No.: 1:18-CV-00127 (Police Department) DISCUSSED ADJOURNMENT City of Fresno ***Subject to Mayoral Veto Page 18 March 4, 2021City Council Meeting Minutes - Draft City Council adjourned at 5:25 P.M. City of Fresno ***Subject to Mayoral Veto Page 19 Thursday, March 11, 2021 4:00 PM City of Fresno 2600 Fresno Street Fresno, CA 93721 www.fresno.gov Electronic Meeting City Council President -Luis Chavez Vice President - Nelson Esparza Councilmembers: Esmeralda Z. Soria, Mike Karbassi, Miguel Arias, Tyler Maxwell, Garry Bredefeld City Manager - Thomas Esqueda City Attorney - Douglas T. Sloan City Clerk - Yvonne Spence, MMC Meeting Minutes - Draft Special Meeting March 11, 2021City Council Meeting Minutes - Draft City Council met in special open session, City Hall on the date and time written above. 4:45 P.M. ROLL CALL Councilmember Bredefeld and Councilmember Soria were absent during roll call. Councilmember Bredefeld joined the meeting at 4:48 P.M. President Luis Chavez Vice President Nelson Esparza Councilmember Mike Karbassi Councilmember Miguel Angel Arias Councilmember Tyler Maxwell Councilmember Garry Bredefeld Present:6 - Councilmember Esmeralda Z. SoriaAbsent:1 - APPROVE AGENDA City Clerk Spence announced the following changes to the agenda: File ID 21-401 (B) - Approve Agreement with RH Community Builders in the amount of $641,581.50, to provide Homeless Triage Center/Emergency Shelter Services to Individuals and Families impacted by homelessness, with special attention focused on those living on dangerous freeway right-of-ways in the City of Fresno, The Fiscal Impact on the staff report should read as follows "Funds will be available for homeless services through the end of the contract, September 14, 2021. On motion of Councilmember Arias, seconded by Vice President Esparza,the above Action was approved as amended. The motion carried by the following vote: Aye:Chavez, Esparza, Karbassi, Arias and Maxwell5 - Absent:Soria and Bredefeld2 - OPEN SESSION A ID 21-400 Approve Settlement Agreement with South Fresno Community Alliance The above item was introduced to Council by Councilmember Arias, District 3. Upon call, the following members of the public addressed Council: Ivanka Saunders, Ashley Werner, and Leland Parnagian. APPROVED City of Fresno ***Subject to Mayoral Veto Page 2 March 11, 2021City Council Meeting Minutes - Draft On motion of Councilmember Arias, seconded by Vice President Esparza, that the above Action Item be approved. The motion carried by the following vote: Aye:Chavez, Esparza, Karbassi, Arias, Maxwell and Bredefeld6 - Absent:Soria1 - B ID 21-401 Approve Agreement with RH Community Builders in the amount of $641,581.50, to provide Homeless Triage Center/Emergency Shelter Services to Individuals and Families impacted by homelessness, with special attention focused on those living on dangerous freeway right-of-ways in the City of Fresno The above item was introduced to Council by Mayor Dyer, Mayor's Office and Councilmember Arias, District 3. Upon call, the following members of the public addressed Council: Brandi Villegas, Dez Martinez, Lisa Flores, and Michaelyn Martin. Councilmember Arias motioned to approve the agreement with the following conditions: 1. Council will approve the contract for 3 months with an option for an additional 3 months with Council approval. The Administration will bring the option on or before the end of the first 60 days, 2. The Administration shall bring to the Council on or before the April 22, 2021 Council meeting, a partnership agreement with the Fresno City Housing Authority to acquire and renovate additional motels for temporary homeless shelters and 3. At the April 22, 2021 Council meeting, the Administration shall develop and present their plan detailing the strategies and costs to move unsheltered people from the freeways and other encampments to transitional and permanent housing between now and the end of calendar year 2021. Councilmember Esparza seconded the motion. APPROVED AS AMENDED On motion of Councilmember Arias, seconded by Vice President Esparza, that the above Action Item be approved. The motion carried by the following vote: Aye:Chavez, Esparza, Karbassi, Arias, Maxwell and Bredefeld6 - Absent:Soria1 - ADJOURNMENT City of Fresno ***Subject to Mayoral Veto Page 3 March 11, 2021City Council Meeting Minutes - Draft City Council adjourned the special open session meeting at 5:36 P.M. City of Fresno ***Subject to Mayoral Veto Page 4 City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 21-345,Version:1 REPORT TO THE CITY COUNCIL March 18, 2021 SUBJECT ***BILL No. B-4 - (Intro. 3/4/2021) (For Adoption) Amending Article 15 of Chapter 7 of the Fresno Municipal Code relating to certain technical amendments required by the California Department of Tax and Fee Administration and as required due to the passage time of the Fresno Clean and Safe Neighborhood Parks Tax Ordinance (Measure P) (Subject to Mayor’s Veto) RECOMMENDATION Approve technical amendments to Article 15 of Chapter 7 of the Fresno Municipal Code,the Fresno Clean and Safe Neighborhood Parks Tax Ordinance (Measure P). EXECUTIVE SUMMARY At the general election held in November 6,2018,the Fresno Clean and Safe Neighborhood Parks Tax Ordinance (Measure P)received 52.17%affirmative votes.On December 18,2018,in accordance with then-existing law relating to the vote threshold for special tax voter initiatives,the City declared Measure P failed. Subsequently,out of an abundance of caution,the City filed a declaratory relief action seeking the court’s guidance on whether a special tax requires a simple majority or two-thirds vote for passage (the Measure P Litigation).The Measure P Litigation has resulted in the California Fifth District Court of Appeals holding that that a special tax voter initiative requires only a majority vote to pass.As a result of the clarification of law, on February 18, 2021, the Council certified Measure P as passed. As the City prepares to submit Measure P to the state for administration of the tax associated therewith,the California Department of Tax and Fee Administration (the CDTFA)has directed the City to make certain technical amendment to Measure P.Further,due to the passage of time between the November 6,2018,general election and the February 18,2021,certification of Measure P certain deadlines associated with Measure P require updating.The proposed amendment addresses the required changes. BACKGROUND Passage of Measure P.Measure P received 52.17%affirmative votes at the November 6,2018, general election,and on December 18,2018,the City declared Measure P failed based upon then City of Fresno Printed on 3/12/2021Page 1 of 3 powered by Legistar™ File #:ID 21-345,Version:1 general election,and on December 18,2018,the City declared Measure P failed based upon then existing law.In January 2019,the City asked the court for declaratory relief as to whether Measure P had passed.On December 17,2020,the California Fifth District Court of Appeal held initiative special taxes require only a simple majority to pass.(City of Fresno v.Fresno Building Healthy Communities (2020)58 Cal.App.5th 884.)The court remanded the matter to the trial court to enter a new judgment declaring Measure P has passed. On January 26,2021,the Howard Jarvis Taxpayers Association (a defendant in the case)filed a Petition for Review with the California Supreme Court.At this time,based upon its denial of a similar petition it is unlikely that the Supreme Court will grant the petition for review.No stay on Measure P certification has been requested or imposed. Certification.The Council certified Measure P as passed on February 18,2021,in light of the holding in City of Fresno v.Fresno Building Healthy Communities (stating “neither Proposition 13 nor Proposition 218 affects the voters’initiative power,and therefore neither imposes a two-thirds voting requirement on the passage of voter initiatives that impose special taxes”)and consistent with Article II,section 10,subdivision (a)of the California Constitution [an initiative approved by a majority vote shall become effective],Election Code Section 9217 (noting that “If a majority of the voters voting on a proposed ordinance vote in its favor,the ordinance shall become a valid and binding ordinance of the city.”),and Section 1403 of Charter of the City of Fresno (which state that “The provisions of the Elections Code of the State of California,as the same now exist or hereafter may be amended, governing the initiative…shall apply to the use thereof in the City so far as such provisions of the Elections Code are not in conflict with the provisions of this Charter”). Codification Renumbering.As part of certification,the Council codified Measure P in Article 15 of Chapter 7 of the Fresno Municipal Code (FMC).The original language of Measure P contemplated codification in Article 14 of Chapter 7,however,such codification was not possible due to the unavailability of Article 14. Amendments Needed.The City has been in touch with the State of California and the CDTFA to ensure timely implementation and administration of the special sales tax authorized pursuant to Measure P.The CDTFA has required certain technical changes to the Measure P ordinance to comply with state standard forms.Additionally,due to the long gap between the election where Measure P was approved and the ultimate certification of Measure P following legal action in the matter, there is a need to update the deadlines set forth for certain actions required by Measure P. Staff recommends that the Council approve the amendments proposed to Article 15 of Chapter 7 and authorize the Clerk and City Attorney to take all actions necessary to effectuate the changes approved. ENVIRONMENTAL FINDINGS Pursuant to the definition in California Environmental Quality Act Guidelines Section 15378,this action is not a project. LOCAL PREFERENCE Local preference was not implemented,as this item does not include a bid or award of a construction or services contract. City of Fresno Printed on 3/12/2021Page 2 of 3 powered by Legistar™ File #:ID 21-345,Version:1 FISCAL IMPACT Implementation of the special sales tax imposed by Measure P is estimated to generate $37.5 million annually,for a period of 30 years.Proceeds will be segregated from the General Fund and be used as required by Measure P;including,among other purposes,for improving park safety;improving accessibility for persons with disabilities;updating and maintaining playgrounds and restrooms; providing youth and veteran job training;improving after school,arts and recreational programs; beautifying roadways;and creating parks and trails in neighborhoods without access.This item will not impact the General Fund. Attachment: 1.BILL - Amending Article 15 of Chapter 7 of the Fresno Municipal Code relating to certain technical amendments required by the California Department of Tax and Fee Administration and as required due to the passage time of the Fresno Clean and Safe Neighborhood Parks Tax Ordinance (Measure P) City of Fresno Printed on 3/12/2021Page 3 of 3 powered by Legistar™ 1 of 8 Date Adopted: Date Approved Effective Date: City Attorney Approval: ________ Ordinance No. ORDINANCE NO. ___ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FRESNO, CALIFORNIA AMENDING ARTICLE 15 OF CHAPTER 7 OF THE FRESNO MUNICIPAL CODE, RELATING TO CERTAIN TECHNICAL AMENDMENTS REQUIRED BY THE CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION AND AS REQUIRED DUE TO THE PASSAGE TIME OF THE FRESNO CLEAN AND SAFE NEIGHBORHOOD PARKS TAX ORDINANCE (MEASURE P) WHEREAS, on November 6, 2018, a general election was held in the City of Fresno and Measure P, regarding a proposed Fresno Clean and Safe Neighborhood Parks Tax Ordinance, received 52.17% affirmative votes; and WHEREAS, on December 13, 2018, the Council, via Resolution 2018 -302 certified that Measure P failed because it received less than two-thirds of the votes cast; and WHEREAS, Council provided in Paragraph 9 of Resolution 2018-188, pursuant to which Measure P was placed on the November 6, 2018, general election ballot, that: “Passage of this measure requires approval by two-thirds (2/3) vote, unless otherwise required by law”; and WHEREAS, subsequent to the City’s certification of Measure P election results via Resolution 2018-302, the City filed a complaint for declaratory relief in the Fresno County Superior Court requesting a determination of the voter threshold required for passage of a special tax brought by voter initiative (the Measure P Litigation); and WHEREAS, the Measure P Litigation has resulted in the Fifth District Court of Appeal determining that, as a matter of law, the vote threshold for passage of a voter 2 of 8 initiated special sales tax is a simple majority, and the Fifth District Court of Appeal has ordered the City to declare Measure P passed; and WHEREAS, on February 18, 2021, pursuant to the Fifth District Court of Appeal’s determination that voter-initiated special sales tax measures require only a simple majority vote to pass, Council certified and declared via Resolution No. 2021-_______ that Measure P passed; and WHEREAS, pursuant to Resolution No. _____, Measure P was codified in Article 15 of Chapter 7 of the Fresno Municipal Code, having been renumbered as necessary; and WHEREAS, because of the passage of time and requirements of the California Department of Tax and Fee Administration, certain technical amendments are required; and WHEREAS, Section 7-1518 of the Fresno Municipal Code authorizes Council to make such technical amendments. THE COUNCIL OF THE CITY FRESNO DOES ORDAIN AS FOLLOWS: SECTION 1. The recitals set forth above are incorporated herein by this reference. SECTION 2. Section 7-1502 of the Fresno Municipal Code is amended to read as follows: SECTION 7-1502. OPERATIVE DATE. “Operative date” means the first day of the first calendar quarter commencing more than 110 days after the adoption of this ordinance, the date of such adoption being certification by the City Clerk that this measure has received approval by two thirds [a majority] of those voting in the election. [The Operative date is expected to be July 1, 2021.] SECTION 3. Section 7-1503 of the Fresno Municipal Code is amended to read as follows: 3 of 8 SECTION 7-1503. PURPOSE. This ordinance is adopted to achieve the following and directs that the provisions hereof be interpreted in order to achieve those purposes: (a) To adopt a retail transactions and use tax ordinance within the City in the amount of three-eighths of a cent per dollar (a rate of 0.375%) as provided herein for the specific purpose of generating funds to be deposited into the Clean and Safe Neighborhood Parks Account that may only be used for the purposes specified herein including, but not limited to, clean and safe parks; new parks and recreation facilities; youth and senior recreation and after-school facilities and job training; improved walking and biking trails; the San Joaquin River Parkway; beautification of streets; and expanded access to arts and culture. (b) To impose a retail transactions and use tax in accordance with the provisions of Part 1.6 (commencing with section 7251) of Division 2 of the Revenue and Taxation Code and section 7285.91 of Part 1.7 of Division 2 of the Revenue and Taxation Code which authorizes the City to adopt this tax ordinance provided that two thirds [a majority] of the electors voting on the measure vote to approve the imposition of the tax at an election called for that purpose. (c) To adopt a retail transactions and use tax ordinance that incorporates provisions identical to those of the Sales and Use Tax Law of the State of California insofar as those provisions are not inconsistent with the requirements and limitations contained in Part 1.6 of Division 2 of the 4 of 8 Revenue and Taxation Code. (d) To adopt a retail transactions and use tax ordinance that imposes a tax and provides a measure that can be administered and collected by the State [California] Department of Tax and Fee Administration in a manner that adapts itself as fully a s practicable to, and requires the least possible deviation from, the existing statutory and administrative procedures followed by the State [California] Department of Tax and Fee Administration in administering and collecting the California State Sales and Use Taxes. (e) To adopt a retail transactions and use tax ordinance that can be administered in a manner that will be, to the greatest degree possible, consistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, minimize the cost of collecting the transactions and use taxes, and at the same time, minimize the burden of record keeping upon persons subject to taxation under the provisions of this ordinance. (f) It is the intent of the voters in adopting this ordinance that the expenditures made pursuant to this ordinance shall supplement the levels of spending made by the City of Fresno in Fiscal Year 2017-2018 in the areas funded by this ordinance and that the additional expenditures shall not supplant the 2017-2018 spending levels. SECTION 4. Section 7-1508(e)(1) of the Fresno Municipal Code is amended to read as follows: (1) Up to and including December 31, 2019 [2021], the City, in conjunction with the Commission, shall define the highest-need neighborhoods 5 of 8 as those areas that are located within census tracts that rank within the top twenty-five percent (25%) of Fresno census tracts as identified in the State’s CalEnviroScreen 3.0; and whose nearest park is identified as being in poor condition, according to the Plan, or is located within a priority zone for new parks, as defined by the Plan. SECTION 5. Section 7-1508(e)(2) of the Fresno Municipal Code is amended to read as follows: (2) No later than January 1, 2020 [2022], the City, in conjunction with the Commission, shall adopt a new definition of highest-needs neighborhoods, after conducting a public process, to be updated every three years and included in subsequent updates to the Plan. The City and Commission shall create a weighted index incorporating the following data in developing the definition: (A) Existing conditions of parks and facilities based on needs assessment data in the Plan; (B) The proportion of the population that lives within walking distance (1/2 mile) to a park; (C) Park acreage per 1,000 residents; (D) Population density; (E) Neighborhood youth and senior population; (F) Neighborhood safety; (G) Neighborhoods of concentrated poverty; (H) Pollution burden, as defined by CalEnviroScreens 3.0, or subsequent updates; (I) Pre-term birth rates; 6 of 8 (J) Years of potential life lost; (K) Neighborhood composite mortality rate. SECTION 6. Section 7-1509(b) of the Fresno Municipal Code is amended to read as follows: (b) The Mayor and City Council shall appoint all members of the Commission no later than June 30, 2019 [2021]. SECTION 7. Section 7-1511 of the Fresno Municipal Code is amended to read as follows: SECTION 7-1511. CONTRACT WITH THE STATE. Prior to the operative date, the City shall contract with the State [California] Department of Tax and Fee Administration to perform all functions incident to the administration and operation of this retail transactions and use tax ordinance; provided, that if the city shall not have contracted with the State [California] Department of Tax and Fee Administration prior to the operative date, it shall nevertheless so contract and in such case the operative date sha ll be the first day of the first calendar quarter following the execution of such a contract. SECTION 8. Section 7-1512 of the Fresno Municipal Code is amended to read as follows: SECTION 7-1512. PLACE OF SALE. For the purpose of this ordinance, all retail transactions are consummated at the place of business of the retailer unless the tangible personal property sold is delivered by the retailer or his agent to an out-of-state destination or to a common carrier for delivery to an out-of- state destination. The gross receipts from such sales shall include delivery charges, when such charges are subject to the State sales and use tax, regardless of the place to which delivery is made. In the event a retailer has no 7 of 8 permanent place of business in the State or has more t han one place of business, the place or places at which the retail sales are consummated, for the purposes of this ordinance, shall be determined under rules and regulations to be prescribed and adopted by the State [California] Department of Tax and Fee Administration. SECTION 9. Section 7-1514(a)(1) of the Fresno Municipal Code is amended to read as follows: (1) When the word “State” is used as part of the title of the State Controller, State Treasurer, State [California] Department of Tax and Fee Administration, State Treasury, or the Constitution of the State of California; SECTION 10. Section 7-1514(a)(2) of the Fresno Municipal Code is amended to read as follows: (2) Where the result of that substitution would require acti on to be taken by or against this City or any agency, officer or employee thereof rather than by or against the State [California] Department of Tax and Fee Administration, in performing the functions incident to the administration or operation of this ordinance. SECTION 11. Paragraph 1 is added to Subsection (b) of Section 7-1514 of the Fresno Municipal Code to read as follows: [(1) “A retailer engaged in business in the City” shall also include any retailer that, in the preceding calendar year or the current calendar year, has total combined sales of tangible personal property in this state or for delivery in the State by the retailer and all persons related to the retailer that exceeds five hundred thousand dollars ($500,000). For the purposes of this section, a pers on is related to another person if both persons are related to each other pursuant to 8 of 8 Section 267(b) of Title 26 of the United States Code and regulations thereunder.] SECTION 12. This ordinance shall become effective and in full force and effect at 12:01 a.m. on the thirty-first day after its final passage. ************************** STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) I, YVONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing ordinance was adopted by the Council of the City of Fresno, at a regular meeting held on the _________ day of ______________ 2021. AYES : NOES : ABSENT : ABSTAIN : Mayor Approval: , 2021 Mayor Approval/No Return: , 2021 Mayor Veto: , 2021 Council Override Vote: , 2021 YVONNE SPENCE, MMC CRM City Clerk By: Deputy Date APPROVED AS TO FORM: DOUGLAS T. SLOAN, City Attorney By: Raj Singh Badhesha Date Supervising Deputy City Attorney City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 21-371,Version:1 REPORT TO THE CITY COUNCIL March 18, 2021 FROM:MICHAEL CARBAJAL, Director Department of Public Utilities THROUGH:BUD TICKEL, Assistant Director Department of Public Utilities - Water Division BY:MARTIN WENDELS, Project Manager Department of Public Utilities - Water Division SUBJECT Award a Requirements Contract to PACE Supply,Corp.,of Fresno,California in the amount of $164,513.98 for meter boxes,lids and related parts for a term of one-year with the possibility of four one-year extensions,for a total contract value of $822,569.90,plus any Producer Price Index increases. Bid File 9586 (Citywide) RECOMMENDATION Staff recommends that Council award a one-year contract with provisions for four one-year extensions to PACE Supply,Corp.,in the amount of $164,513.98 to provide meter boxes,lids and related parts,and authorize the Director of Public Utilities,or designee,to sign the agreement on behalf of the City. EXECUTIVE SUMMARY The Department of Public Utilities,Water Division,is seeking to award a Requirements Contract to PACE Supply,Corp.,of Fresno,California,to provide meter boxes,lids and related supplies.After updating meter box and lid specifications to accommodate the recent upgrades to the automatic meter reading system,bids were competitively solicited and PACE Supply,Corp.,of Fresno, California was determined to be the lowest responsive and responsible bidder. BACKGROUND The City of Fresno has utilized Badger meter products since the inception of the automatic water meter reading program which was completed at the end of 2012.Over time,water meter and transmitter upgrades have occurred which have resulted in a need for meter boxes and lids to City of Fresno Printed on 3/12/2021Page 1 of 2 powered by Legistar™ File #:ID 21-371,Version:1 transmitter upgrades have occurred which have resulted in a need for meter boxes and lids to change as well.The existing lids do not allow signal transmission to occur from the new meter units and therefore,they must be changed out.The Water Division plans to retrofit the meter box lids during over the next few years and will total approximately 140,000 units.In addition,an inventory of the new lids is required for installation of all new services and any needed repairs. On December 21,2020,updated specifications were made available and advertised as a Notice Inviting Bids for a Requirements Contract on PlanetBids.On January 19,2021,bids were received and opened.A total of three companies submitted bid proposals.One bidder was non-responsive, resulting in two acceptable bids.PACE Supply,Corp.,of Fresno,California was the lowest responsive and responsible bidder submitting a bid in the amount of $164,513.98.The bid will expire within 64 days of bid opening,on March 24,2021.Staff recommends that Council award a one-year contract with provisions for four one-year extensions to PACE Supply,Corp.,of Fresno,California in the amount of $164,513.98. City Attorney has reviewed and approved to form. ENVIRONMENTAL FINDINGS By definition provided in the California Environmental Quality Act Guidelines Section 15378,the award is this requirements contract does not qualify as a “project”. LOCAL PREFERENCE Local preference was not implemented as both responsive and responsible bidders are local companies pursuant to the Fresno Municipal Code Section 4-108. FISCAL IMPACT The General Fund is not impacted by this citywide expenditure.Appropriations for the purchase of the meter boxes and lids are included in the FY 2021 Water Enterprise Fund budget. Attachments: -Bid Evaluation and Fiscal Impact Statement -Sample Requirements Contract City of Fresno Printed on 3/12/2021Page 2 of 2 powered by Legistar™ FIN 4.0/11-26-12 - 1 - PRODUCT REQUIREMENTS CONTRACT THIS CONTRACT is made and entered into by and between the CITY OF FRESNO, a California municipal corporation, hereinafter called the "City," and [Contractors Name], [Legal Identity], hereinafter called the "Contractor," as follows: 1. CONTRACT DOCUMENTS. The "Notice Inviting Bids," "Instructions to Bidders," "Bid Proposal," and the "Specifications" including "General Conditions", "Special Conditions" and "Technical Specifications" for the following: [Title] (Bid File No. [Number]) [Alternates (if any)] copies of which are annexed hereto, together with all the drawings, plans, and documents specifically referred to in said annexed documents, and are hereby incorporated into and made a part of this Contract, and shall be known as the Contract Documents. 2. PRICE. For the estimated monetary consideration of [WRITTEN $ AMOUNT] DOLLARS AND [WRITTEN CENTS AMOUNT] CENTS ($[Dollar Amount]), as set forth in the Bid Proposal, Contractor promises and agrees to furnish or cause to be furnished, in a new and working condition, and to the satisfaction of City, and in strict accordance with the Specifications, all of the items 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 (if applicable), 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 by the 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. / / / / / / FIN 4.0/11-26-12 - 2 - 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. CITY OF FRESNO, A California municipal corporation 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: Melissa Perales, , Purchasing Manager Finance Department Dated: ATTEST: YVONNE SPENCE, CMC City Clerk By: Deputy No signature of City Attorney required. Standard Document #FIN 4.0 has been used without modification, as certified by the undersigned. By: Melissa Perales, Purchasing Manager Finance Department City address: City of Fresno Attention: Marttn Wendels, Project Manager DPU - Water Division 2600 Fresno Street, Room 4017 Fresno, CA 93721 City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 21-324,Version:1 REPORT TO THE CITY COUNCIL March 18, 2021 FROM:BRIAN BARR, Assistant Director Department of Transportation BY: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 purchase contract to Ruckstell Sales of Fresno, California, for the purchase of 12, 520 Peterbilt side loading refuse trucks in the amount of $4,777,548. RECOMMENDATION Staff recommends that Council approve the award of a purchase contract to Ruckstell Sales of Fresno,California,for the purchase of 12,520 Peterbilt side loading refuse trucks in the amount of $4,777,548. EXECUTIVE SUMMARY The Solid Waste Management Division,under the Department of Public Utilities,wishes to purchase 12,520 Peterbilt side loading refuse trucks to replace units past their useful life.The 12 new units will be used by the Solid Waste Management Division to complete residential routes currently assigned to older trucks in need of replacement.The new trucks will be Heil 30 yard rapid rail bodies on 520 Peterbilt chassis.This combination has proven to be reliable within the fleet,and will continue to be the standard as our older and discontinued trucks are removed from service.The Department of Transportation recommends this purchase based on the age and mileage of the trucks identified for replacement.The units would be purchased through a competitively solicited cooperative procurement process administered by Sourcewell. BACKGROUND The Department of Public Utilities,Solid Waste Management Division is responsible for the collection of municipal solid waste,recyclables,green waste,and operation clean-up for over 111,000 residential customers.The 80 sanitation operators travel nearly 1.1 million miles,make over 17 million stops,and collect over 239,000 tons of material annually. City of Fresno Printed on 3/12/2021Page 1 of 2 powered by Legistar™ File #:ID 21-324,Version:1 operators travel nearly 1.1 million miles,make over 17 million stops,and collect over 239,000 tons of material annually. The Solid Waste Management Division also oversees litter control and FresGO customer responses for 112 square miles. To accomplish this mission,the Solid Waste Management Division operates 87 refuse collection trucks throughout the city.The Fleet Management Division has identified the Heil bodied Peterbilt side loading refuse truck as the preferred unit to perform collection throughout the city.Both Peterbilt and Heil have been in business for more than 75 years and have local dealerships in Fresno to quickly support the fleet.The City of Fresno has been using Heil bodies in the fleet for 16 years and has experienced success in the functionality and durability of this product. The new 520 Peterbilt side loading refuse trucks will continue to be powered by Liquid Natural Gas,which has proven to be both economical and environmentally conscious.The equipped L9N “Near Zero”engines produce only one tenth of the allowable NOX greenhouse gas emissions, and meet the latest EPA standards set in 2017 for this type of equipment. The side loading refuse trucks are on an eight year or 120,000 mile replacement schedule which has been established by the Fleet Management Division as the optimum replacement time.Currently 12 units have been identified for replacement as they are over this limit by both age and mileage. The equipment will be purchased utilizing competitively solicited cooperative procurement process administered by Sourcewell. The purchase price per unit is $398,129. This price includes the Sourcewell discount applied to city purchases as well as delivery and sales tax at 7.975%. The Purchasing Division has approved this contract and recommends Council to approve. ENVIRONMENTAL FINDINGS By the definition provided in the California Environmental Quality Act (CEQA)Guidelines Section 15378,the award of this contract does not qualify as a “project” as defined by CEQA. LOCAL PREFERENCE Local preference is not applicable. The City is not issuing a request for quote for this cooperative purchase agreement. FISCAL IMPACT No general funds will be used to purchase these items.The funding to cover the purchase cost of the 12 520 Peterbilt side loading refuse trucks has been included in the FY2021 adopted budget under the operations of the Solid Waste Management Division.The source of funding for this project is the Community Sanitation Fund,generated by the collection of customer user fees. Attachments: RFP Heil Contract Proposal Opening Record Combined Ads Proposal Eval Comment & Review Board Resolutions City of Fresno Printed on 3/12/2021Page 2 of 2 powered by Legistar™ Sourcewell RFP #091219 Mobile Refuse Collection Vehicles with Related Equipment, Accessories, and Services Page 1 RFP #091219 REQUEST FOR PROPOSALS for Mobile Refuse Collection Vehicles with Related Equipment, Accessories, and Services Proposal Due Date: September 12, 2019, 4:30 p.m., Central Time Sourcewell, a State of Minnesota local government agency and service cooperative, is requesting proposals for Mobile Refuse Collection Vehicles with Related Equipment, Accessories, and Services to result in a national contracting solution for use by its members. Sourcewell members include thousands of governmental, higher education, K-12 education, not-for-profit, tribal government, and other public agencies located in the United States and Canada. A full copy of the Request for Proposals can be found on the Sourcewell Procurement Portal [https://proportal.sourcewell-mn.gov]. Only proposals submitted through the Sourcewell Procurement Portal will be considered. Proposals are due no later than September 12, 2019, at 4:30 p.m. Central Time, and late proposals will not be considered. Solicitation Schedule Public Notice of RFP Published: July 11, 2019 Pre-proposal Conference: August 12, 2019, 10:00 a.m., Central Time Question Submission Deadline: September 5, 2019, 4:30 p.m., Central Time Proposal Due Date: September 12, 2019 4:30 p.m., Central Time Late responses will not be considered. Opening: September 12, 2019, 6:30 p.m., Central Time ** ** SEE RFP SUB-SECTION V. G. “OPENING” Sourcewell RFP #091219 Mobile Refuse Collection Vehicles with Related Equipment, Accessories, and Services Page 2 I. ABOUT SOURCEWELL AND MEMBERS A. SOURCEWELL Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that facilitates a competitive public solicitation and contract award process for the benefit of its 50,000+ members across the United States and Canada. Sourcewell’s solicitation process complies with Minnesota law and policies, and results in cooperative contracting solutions from which Sourcewell’s members procure equipment, products, and services. Cooperative contracting provides members and vendors increased administrative efficiencies and the power of combined purchasing volume that result in overall cost savings. At times, Sourcewell also partners with other purchasing cooperatives to combine the purchasing volume of their membership into a single solicitation and contract expanding the reach of contracted vendors potential pool of end users. Sourcewell uses a website-based platform, the Sourcewell Procurement Portal, through which all proposals to this RFP must be submitted. B. MEMBERS AND USE OF RESULTING CONTRACTS Membership in Sourcewell is open to government and non-profit entities across the United States and Canada; such as municipal, state/province, K-12 and higher education, tribal government, and other public entities. Access to contracted equipment, products, or services by Members is typically through a purchase order issued directly to the applicable vendor. A Member may request additional terms or conditions related to a purchase. Use of Sourcewell contracts is voluntary and Members retain the right to obtain similar equipment, products, or services from other sources. To meet Members’ needs, public notice of this RFP has been broadly published, including notification to each state-level procurement departments for possible re-posting. As required by certain states, an Appendix of Members is included in this RFP and can be found in the Sourcewell Procurement Portal. Affidavits of Publication will be available at the conclusion of the solicitation process. For Canadian entities: This RFP is intended to include municipalities and publicly-funded academic institutions, school boards, health authorities, and social services (MASH sectors); including members of the Rural Municipalities of Alberta (RMA), and their represented Associations: Saskatchewan Association of Rural Municipalities (SARM), Saskatchewan Urban Municipalities Association (SUMA), and Association of Manitoba Municipalities (AMM). Sourcewell RFP #091219 Mobile Refuse Collection Vehicles with Related Equipment, Accessories, and Services Page 3 II. EQUIPMENT, PRODUCTS, AND SERVICES A. SOLUTIONS-BASED SOLICITATION This RFP and contract award process is a solutions-based solicitation; meaning that Sourcewell is seeking equipment, products, or services that meet the general requirements of the scope of this RFP and that are commonly desired or are required by law or industry standards. B. REQUESTED EQUIPMENT, PRODUCTS, OR SERVICES It is expected that Proposers offer a wide array of equipment, products, or services at lower prices and with better value than what they would ordinarily offer to a single government entity, a school district, or a regional cooperative. 1. Sourcewell is seeking proposals for Mobile Refuse Collection Vehicles with Related Equipment, Accessories, and Services, including, but not to be limited to: a. Front-load, side-load, rear-load, and multi-compartment refuse vehicles, including hybrid or electric powered vehicles. Proposer may elect to offer a product-only solution, a turn-key solution, or an alternative solution. Generally, a turn-key solution is most desirable to Sourcewell and its Members, however, it is not mandatory or required. 2. The primary focus of this solicitation is on mobile refuse collection vehicles. Proposers may offer related equipment, accessories and services to the extent that they are complementary to mobile refuse collection vehicles: a. Technological, logistical or mechanical accessories primarily intended and designed to increase operator or vehicle safety and efficiency; b. Preventative maintenance, maintenance, and repair services. 3. This solicitation should NOT be construed to include: a. Chassis-only solutions; b. Technology-only solutions; c. Body or upfitting solutions for low speed vehicles; and d. Refuse collection services. This solicitation does not include those equipment, products, or services covered under categories included in contracts currently maintained by Sourcewell: 1. Solid Waste and Recycling Collection and Transport Equipment with Related Equipment, Supplies, and Accessories (Sourcewell RFP #041217) Sourcewell RFP #091219 Mobile Refuse Collection Vehicles with Related Equipment, Accessories, and Services Page 4 2. Grounds Maintenance Equipment, Attachments, Accessories, and Related Services (Sourcewell RFP #062117) 3. Low Speed Vehicles, Medium Speed Vehicles, and Utility Vehicles, with Related Equipment, Accessories, and Supplies (Sourcewell RFP #051717) Proposers may include related equipment, accessories, and services to the extent that these solutions are complementary to the equipment, products, or service(s) being proposed. Generally, the solutions for Sourcewell Members are turn-key solutions, providing a combination of equipment, products and services, delivery, and installation to a properly operating status. However, equipment or products only solutions may be appropriate for situations where Sourcewell 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. Sourcewell prefers vendors that provide a sole source of responsibility for the products and services provided under a resulting contract. If Proposer requires the use of dealers, resellers, or subcontractors to provide the products or services, the Proposal should address how the products or services will be provided to Members and describe the network of dealers, resellers, and/or subcontractors that will be available to serve Sourcewell Members under a resulting contract. Sourcewell desires the broadest possible selection of products/equipment and services being proposed over the largest possible geographic area and to the largest possible cross-section of Sourcewell current and potential Members. C. REQUIREMENTS It is expected that Proposers have knowledge of all applicable industry standards, laws, and regulations and possess an ability to market and distribute the equipment, products, or services to Members. 1. Safety Requirements. All items proposed must comply with current applicable safety or regulatory standards or codes. 2. Deviation from Industry Standard. Deviations from industry standards must be identified with an explanation of how the equipment, products, and services will provide equivalent function, coverage, performance, and/or related services. 3. New Equipment and Products. Proposed equipment and products must be for new, current model; however, Proposer may offer certain close-out equipment or products if it is specifically noted in the Pricing proposal. 4. Delivered and operational. Unless clearly noted in the Proposal, equipment and products must be delivered to the Member as operational. Sourcewell RFP #091219 Mobile Refuse Collection Vehicles with Related Equipment, Accessories, and Services Page 5 5. Warranty. All equipment, products, supplies, and services must be covered by a warranty that is the industry standard or better. D. ANTICIPATED CONTRACT TERM Sourcewell anticipates that the term of any resulting contract(s) will be four (4) years. An extension may be offered based on the best interests of Sourcewell and its members. E. ESTIMATED CONTRACT VALUE AND USAGE Based on past volume of similar contracts, the estimated annual value of all transactions from contracts resulting from this RFP are anticipated to be USD $90 Million; therefore, proposers are expected to propose volume pricing. Sourcewell anticipates considerable activity under the contract(s) awarded from this RFP; however, sales and sales volume from any resulting contract are not guaranteed. F. MARKETING PLAN Proposer’s sales force will be the primary source of communication with Members. The Proposer’s Marketing Plan should demonstrate Proposer’s ability to deploy a sales force or dealer network to Members, as well as Proposer’s sales and service capabilities. It is expected that Proposer will promote and market any contract award. G. ADDITIONAL CONSIDERATIONS 1. Contracts will be awarded to Proposers able to best meet the need of Members. Proposers should submit their complete line of equipment, products, or services that are applicable to the scope of this RFP. 2. Proposers should include all relevant information in its proposal. Sourcewell cannot consider information that is not provided in the Proposal. Sourcewell reserves the right to verify Proposer’s information and may request clarification from a Proposer, including samples of the proposed equipment or products. 3. Depending upon the responses received in a given category, Sourcewell may need to organize responses into subcategories in order to provide the broadest coverage of the requested equipment, products, or services to Members. Awards may be based on a subcategory. 4. A Proposer’s documented negative past performance with Sourcewell or its Members occurring under a previously awarded Sourcewell contract may be considered in the evaluation of a proposal. Sourcewell RFP #091219 Mobile Refuse Collection Vehicles with Related Equipment, Accessories, and Services Page 6 II. PRICING A. REQUIREMENTS All proposed pricing must be: 1. Either Line-Item Pricing or Percentage Discount from Catalog Pricing, or a combination of these: a. Line-item Pricing is pricing based on each individual product or services. Each line must indicate the Vendor’s published “List Price,” as well as the “Contract Price.” b. Percentage Discount from Catalog or Category is based on a percentage discount from a catalog or list price, defined as a published Manufacturer’s Suggested Retail Price (MSRP) for the products or services. Individualized percentage discounts can be applied to any number of defined product groupings. Proposers will be responsible for providing and maintaining current published MSRP with Sourcewell, and this pricing must be included in its proposal and provided throughout the term of any Contract resulting from this RFP. 2. The Proposer’s ceiling price (Ceiling price means that the proposed pricing will be considered as the highest price for which equipment, products, or services may be billed to a Member). However, it is permissible for vendors to sell at a price that is lower than the contracted price; 3. Stated in U.S., and Canadian dollars for Proposers intending to sell in Canada (as applicable); and 4. Clearly understood, complete, and fully describe the total cost of acquisition (e.g., the cost of the proposed equipment, products, and services delivered and operational for its intended purpose in the Member’s location). Proposers should clearly identify any costs that are NOT included in the proposed product or service pricing. This may include items such as installation, set up, mandatory training, or initial inspection. Include identification of any parties that impose such costs and their relationship to the Proposer. Additionally, Proposers should clearly describe any unique distribution and/or delivery methods or options offered in the Proposal. B. ADMINISTRATIVE FEES Proposers are expected to pay to Sourcewell an administrative fee in exchange for Sourcewell facilitating the resulting contracts. The administrative fee is normally calculated as a percentage of the total sales to Members for all contracted equipment, products, or services made during a calendar quarter, and is typically one percent (1%) to two percent (2%). In some categories, a flat fee may be an acceptable alternative. Sourcewell RFP #091219 Mobile Refuse Collection Vehicles with Related Equipment, Accessories, and Services Page 7 III. CONTRACT Proposers awarded a contract will be required to execute a contract with Sourcewell. Only those modifications the Proposer indicates in its proposal will be available for discussion. Much of the language in the Contract reflects Minnesota legal requirements and cannot be altered. Numerous and/or onerous exceptions that contradict Minnesota law may result in a proposal being disqualified from further review and evaluation. To request a modification to the Contract terms, conditions, or specifications, a Proposer must complete and submit an Exceptions to Terms, Conditions, or Specifications Form, with all requested modifications, through the Sourcewell Procurement Portal at the time of submitting the Proposer’s response. IV. RFP PROCESS A. PRE-PROPOSAL CONFERENCE Sourcewell will hold an optional, non-mandatory pre-proposal conference via webcast on the date and time noted on page one of this RFP and on the Sourcewell Procurement Portal. The purpose of this conference is to allow potential Proposers to ask questions regarding this RFP and Sourcewell’s competitive contracting process. Information about the webcast will be sent to all entities that requested a copy of this RFP through the Sourcewell Procurement Portal. Pre-proposal conference attendance is optional. B. QUESTIONS REGARDING THIS RFP AND ORAL COMMUNICATION Questions regarding this RFP must be submitted through the Sourcewell Procurement Portal. The deadline for submission of questions is found in the Solicitation Schedule and on the Sourcewell Procurement Portal. Answers to questions will be issued through an addendum to this RFP. Repetitive questions will be summarized into a single answer and identifying information will be removed from the submitted questions. All questions, whether specific to a Proposer or generally related to the RFP, must be submitted using this process. Do not contact individual Sourcewell staff to ask questions or request information as this may disqualify the Proposer from responding to this RFP. Sourcewell will not respond to questions submitted after the deadline. C. ADDENDA Sourcewell may modify this RFP at any time prior to the proposal due date by issuing an addendum. Addenda issued by Sourcewell become a part of the RFP and will be delivered to Sourcewell RFP #091219 Mobile Refuse Collection Vehicles with Related Equipment, Accessories, and Services Page 8 potential Proposers through the Sourcewell Procurement Portal. Sourcewell accepts no liability in connection with the delivery of any addenda. Before a proposal will be accepted through the Sourcewell Procurement Portal, all addenda, if any, must be acknowledged by the Proposer by checking the box for each addendum. It is the responsibility of the Proposer to check for any addenda that may have been issued up to the time for solicitation closing. If an addendum is issued after a Proposer submitted its proposal, the Sourcewell Procurement Portal will WITHDRAW the submission and change the Proposer’s proposal status to INCOMPLETE. The Proposer can view this status change in the “MY BIDS” section of the Sourcewell Procurement Portal Vendor Account. The Proposer is solely responsible to: i) make any required adjustments to its proposal; ii) acknowledge the addenda; and iii) Ensure the re-submitted proposal is RECEIVED through the Sourcewell Procurement Portal no later than the closing time and date shown in the Solicitation Schedule. D. PROPOSAL SUBMISSION Proposer’s complete proposal must be submitted through the Sourcewell Procurement Portal no later than the date and time specified in the Solicitation Schedule. Any other form of proposal submission, whether electronic, paper, or otherwise, will not be considered by Sourcewell. Only complete proposals that are timely submitted through the Sourcewell Procurement Portal will be considered. Late proposals will not be considered. It is the Proposer’s sole responsibility to ensure that the proposal is received on time. All proposals must be received through the Sourcewell Procurement Portal no later than the Proposal Due Date and time noted in the Solicitation Schedule above. It is recommended that Proposers allow sufficient time to upload the proposal and to resolve any issues that may arise. The closing time and date is determined by the Sourcewell Procurement Portal web clock. In the event of problems with the Sourcewell Procurement Portal, follow the instructions for technical support posted in the portal. It may take up to twenty-four (24) hours to respond to certain issues. Upon successful submission of a proposal, the Portal will automatically generate a confirmation email to the Proposer. If the Proposer does not receive a confirmation email, contact Sourcewell’s support provider at support@bidsandtenders.ca. To ensure receipt of the latest information and updates via email regarding this solicitation, or if the Proposer has obtained this solicitation document from a third party, the onus is on the Sourcewell RFP #091219 Mobile Refuse Collection Vehicles with Related Equipment, Accessories, and Services Page 9 Proposer to create a Sourcewell Procurement Portal Vendor Account and register for this solicitation opportunity. All proposals must be acknowledged digitally by an authorized representative of the Proposer attesting that the information contained in in the proposal is true and accurate. By submitting a proposal, Proposer warrants that the information provided is true, correct, and reliable for purposes of evaluation for potential contract award. The submission of inaccurate, misleading, or false information is grounds for disqualification from a contract award and may subject the Proposer to remedies available by law. E. GENERAL PROPOSAL REQUIREMENTS Proposals must be: • In substantial compliance with the requirements of this RFP or it will be considered nonresponsive and be rejected. • Complete. A proposal will be rejected if it is conditional or incomplete. • Submitted in English. • Valid and irrevocable for ninety (90) days following the Proposal Due Date. Any and all costs incurred in responding to this RFP will be borne by the Proposer. F. PROPOSAL WITHDRAWAL Prior to the proposal deadline, a Proposer may withdraw its proposal. G. OPENING The Opening of Proposals will be conducted electronically through the Sourcewell Procurement Portal. A list of all Proposers will be made publicly available in the Sourcewell Procurement Portal after the Proposal Due Date, but no later than the Opening time listed in the Solicitation Schedule. To view the list of Proposers, verify that the Sourcewell Procurement Portal opportunities list search is set to “All” or “Closed.” The solicitation status will automatically change to “Closed” after the Proposal Due Date and Time. V. EVALUATION AND AWARD A. EVALUATION It is the intent of Sourcewell to award one or more contracts to responsive and responsible Proposer(s) offering the best overall quality, selection of equipment, products, and services, Sourcewell RFP #091219 Mobile Refuse Collection Vehicles with Related Equipment, Accessories, and Services Page 10 and price that meet the commonly requested specifications of Sourcewell and its Members. The award(s) will be limited to the number of offerors that Sourcewell determines is necessary to meet the needs of Sourcewell members. Factors to be considered in determining the number of contracts to be awarded in any category may include the following: • The number of and geographic location of: o Proposers necessary to offer a comprehensive selection of equipment, products, or services for Members’ use. o A Proposer’s sales and service network to assure availability of product supply and coverage to meet Members’ anticipated needs. • Total evaluation scores. • The attributes of Proposers, and their equipment, products, or services, to assist Members achieve environmental and social requirements, preferences, and goals. Information submitted as part of a proposal should be as specific as possible when responding to the RFP. Do not assume Sourcewell’s knowledge about a specific vendor or product. B. AWARD(S) Award(s) will be made to the Proposer(s) whose proposal conforms to all conditions and requirements of the RFP, and consistent with the award criteria defined in this RFP. Sourcewell may request written clarification of a proposal at any time during the evaluation process. Proposal evaluation will be based on the following scoring criteria and the Sourcewell Evaluator Scoring Guide (available in the Sourcewell Procurement Portal): Conformance to RFP Requirements 50 Financial Viability and Marketplace Success 75 Ability to Sell and Deliver Service 100 Marketing Plan 50 Value Added Attributes 75 Warranty 50 Depth and Breadth of Offered Equipment, Products, or Services 200 Pricing 400 TOTAL POINTS 1000 C. PROTESTS OF AWARDS Any protest made under this RFP by a Proposer must be in writing, addressed to Sourcewell’s Executive Director, and delivered to the Sourcewell office located at 202 12th Street NE, P.O. Box 219, Staples, MN 56479. The protest must be received no later than ten (10) calendar days’ Sourcewell RFP #091219 Mobile Refuse Collection Vehicles with Related Equipment, Accessories, and Services Page 11 following Sourcewell’s notice of contract award(s) or non-award and must be time stamped by Sourcewell no later than 4:30 p.m., Central Time. A protest must include the following items: • The name, address, and telephone number of the protester; • The original signature of the protester or its representative; • Identification of the solicitation by RFP number; • A precise statement of the relevant facts; • Identification of the issues to be resolved; • Identification of the legal or factual basis; • Any additional supporting documentation; and • Protest bond in the amount of $20,000. Protests that do not address these elements will not be reviewed. D. RIGHTS RESERVED This RFP does not commit Sourcewell to award any contract and a proposal may be rejected if it is nonresponsive, conditional, incomplete, conflicting, or misleading. Proposals that contain false statements or do not support an attribute or condition stated by the Proposer may be rejected. Sourcewell reserves the right to: • Modify or cancel this RFP at any time; • Reject any and all proposals received; • Reject proposals that do not comply with the provisions of this RFP; • Select, for contracts or for discussion, a proposal other than that with the lowest cost; • Waive or modify any informalities, irregularities, or inconsistencies in the proposals received; • Discuss any aspect of the proposal with any Proposer and negotiate with more than one Proposer; • Award a contract if only one responsive proposal is received if it is in the best interest of Members; and • Award a contract to one or more Proposers if it is in the best interest of Members. E. DISPOSITION OF PROPOSALS All materials submitted in response to this RFP will become property of Sourcewell and will become public record in accordance with Minnesota Statutes Section 13.591, after negotiations are complete. Sourcewell determines that negotiations are complete upon execution of the resulting contract. If the Proposer submits information in response to this RFP that it believes to Sourcewell RFP #091219 Mobile Refuse Collection Vehicles with Related Equipment, Accessories, and Services Page 12 be trade secret materials, as defined by the Minnesota Government Data Practices Act, Minnesota Statutes Section 13.37, the Proposer must: • Clearly mark all trade secret materials in its proposal at the time the proposal is submitted; • Include a statement with its proposal justifying the trade secret designation for each item; and • Defend any action seeking release of the materials it believes to be trade secret, and indemnify and hold harmless Sourcewell, its agents and employees, from any judgments or damages awarded against Sourcewell in favor of the party requesting the materials, and any and all costs connected with that defense. This indemnification survives Sourcewell’s award of a contract. In submitting a proposal to this RFP, the Proposer agrees that this indemnification survives as long as the trade secret materials are in possession of Sourcewell. Sourcewell will not consider the prices submitted by the Proposer to be proprietary or trade secret materials. Financial information provided by a Proposer is not considered trade secret under the statutory definition. 8/9/2019 Addendum No. 1 Solicitation Number: RFP 091219 Solicitation Name: Mobile Refuse Collection Vehicles with Related Equipment, Accessories, and Services Consider the following Questions and Answers to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged. Question 1: Is it possible to include video hyperlinks, image files, or customer testimonial documentation when responding in the Portal? Answer 1: All relevant information should be included in the proposal (RFP Section II., G.). It is left to the discretion of each proposer to determine the method it deems best suited to submit its relevant information in a timely fashion through the Sourcewell Procurement Portal. End of Addendum Acknowledgement of this Addendum to RFP 091219 distributed via email and posted to the Sourcewell Procurement Portal on 8/9/2019, is required at the time of proposal submittal. 8/16/2019 Addendum No. 2 Solicitation Number: RFP 091219 Solicitation Name: Mobile Refuse Collection Vehicles with Related Equipment, Accessories, and Services Consider the following Questions and Answers to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged. Question 1: In what format will the proposal be reviewed by the committee? Will it be a printed out of the Sourcewell Procurement Portal or will it be reviewed online? Answer 1: All proposals must be submitted through the Sourcewell Procurement Portal. The evaluation committee has access to each proposal in a variety of formats through the Portal, any or all of which may be utilized in the discretion of the evaluation committee and its members. End of Addendum Acknowledgement of this Addendum to RFP 091219 distributed via email and posted to the Sourcewell Procurement Portal on 8/16/2019, is required at the time of proposal submittal. 8/19/2019 Addendum No. 3 Solicitation Number: RFP 091219 Solicitation Name: Mobile Refuse Collection Vehicles with Related Equipment, Accessories, and Services Consider the following Questions and Answers to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged. Question 1: Will technical specifications regarding cab-chassis and body requirements be made available? Answer 1: Please refer to Section II, A. Solutions-Based Solicitations, within the RFP, for guidance related to the equipment, products and services requested. End of Addendum Acknowledgement of this Addendum to RFP 091219 distributed via email and posted to the Sourcewell Procurement Portal on 8/19/2019, is required at the time of proposal submittal. DocuSign Envelope ID: 1BA1F6D8-D01E-48BF-BB8A-690BA532C766 091219-THC Solicitation Number: RFP#091219 CONTRACT This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and The Heil Co., 2030 Hamilton Place Blvd. #200, Chattanooga, TN 37421 (Vendor). Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to its members. Participation is open to all levels of governmental entity, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada. Vendor desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and its Members (Members). 1. TERM OF CONTRACT A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below. B. EXPIRATION DATE AND EXTENSION. This Contract expires November 15, 2023, unless it is cancelled sooner pursuant to Article 24. This Contract may be extended up to one additional one-year period upon request of Sourcewell and with written agreement by Vendor. C. SURVIVAL OF TERMS. Articles 11 through 16 survive the expiration or cancellation of this Contract. 2. EQUIPMENT, PRODUCTS, OR SERVICES A. EQUIPMENT, PRODUCTS, OR SERVICES. Vendor will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above. Vendor’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract. All Equipment and Products provided under this Contract must be new/current model. Vendor may offer close-out or refurbished Equipment or Products if they are clearly indicated in Vendor’s product and pricing list. Unless agreed to by the Member in advance, Equipment or Products must be delivered as operational to the Member’s site. 1 Rev. 4/2019 DocuSign Envelope ID: 5E3E625A-BC0B-40FE-963B-4136BCF1B278 DocuSign Envelope ID: 1BA1F6D8-D01E-48BF-BB8A-690BA532C766 091219-THC This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed. B. LAWS AND REGULATIONS. All Equipment, Products, or Services must comply fully with applicable federal laws and regulations, and with the laws of the state or province in which the Equipment, Products, or Services are sold. C. WARRANTY. Vendor warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship. In addition, Vendor warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Vendor’s dealers and distributors must agree to assist the Member in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that is effective past the expiration of the Vendor’s warranty will be passed on to the Member. Notwithstanding the above, warranty issues related to the body and Heil factory-installed components shall be administered and resolved by The Heil Co. Warranty for third-party manufacturers such as the chassis chassis options or subsequently installed components shall be administered and addressed by the respective product manufacturer. D. DEALERS AND DISTRIBUTORS. Upon Contract execution, Vendor will make available to Sourcewell a means to validate or authenticate Vendor’s authorized Distributors/Dealers relative to the Equipment, Products, and Services related to this Contract. This list may be updated from time-to-time and is incorporated into this Contract by reference. It is the Vendor’s responsibility to ensure Sourcewell receives the most current version of this list. 3. PRICING All Equipment, Products, or Services under this Contract will be priced as stated in Vendor’s Proposal. Regardless of the payment method chosen by the Member, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Member at the time of purchase. When providing pricing quotes to Members, all pricing quoted must reflect a Member’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Member’s requested delivery location. A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Vendor must permit the Equipment and Products to be 2 Rev. 4/2019 DocuSign Envelope ID: 5E3E625A-BC0B-40FE-963B-4136BCF1B278 DocuSign Envelope ID: 1BA1F6D8-D01E-48BF-BB8A-690BA532C766 091219-THC returned within a reasonable time at no cost to Sourcewell or its Members. Members reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. B. Vendor must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition. Product returns shall only be available in the event Vendor is notified of a body problem in writing and has not resolved the issue within thirty (30) days after receipt of said Notice. Sourcewell may declare the Vendor in breach of this Contract if the Vendor intentionally delivers substandard or inferior Equipment or Products. In the event of the delivery of nonconforming Equipment and Products, the Member will notify the Vendor as soon as possible and the Vendor will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Member. C. SALES TAX. Each Member is responsible for supplying the Vendor with valid tax-exemption certification(s). When ordering, Members must indicate if it is a tax-exempt entity. D. HOT LIST PRICING. At any time during this Contract, Vendor may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract. When Vendor determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below. Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Members. 4. PRODUCT AND PRICING CHANGE REQUESTS Vendor may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Contract Administrator. This form is available from the assigned Sourcewell Contract Administrator. At a minimum, the request must: x Identify the applicable Sourcewell contract number x Clearly specify the requested change x Provide sufficient detail to justify the requested change x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change) 3 Rev. 4/2019 DocuSign Envelope ID: 5E3E625A-BC0B-40FE-963B-4136BCF1B278 DocuSign Envelope ID: 1BA1F6D8-D01E-48BF-BB8A-690BA532C766 091219-THC x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged. A fully executed Sourcewell Price and Product Request Form will be become an amendment to this Contract and be incorporated by reference. 5. MEMBERSHIP, CONTRACT ACCESS, AND MEMBER REQUIREMENTS A. MEMBERSHIP. Membership in Sourcewell is open to public and nonprofit entities across the United States and Canada; such as municipal, state/province, K-12 and higher education, tribal government, and other public entities. The benefits of this Contract should be available to all Members that can legally access the Equipment, Products, or Services under this Contract. A Member’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Vendor understands that a Member’s use of this Contract is at the Member’s sole convenience and Members reserve the right to obtain like Equipment, Products, or Services from any other source. Vendor is responsible for familiarizing its sales and service forces with Sourcewell membership requirements and documentation and will encourage potential members to join Sourcewell. Sourcewell reserves the right to add and remove Members to its roster during the term of this Contract. B. PUBLIC FACILITIES. Vendor’s employees may be required to perform work at government- owned facilities, including schools. Vendor’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Member policies and procedures, and all applicable laws. 6. MEMBER ORDERING AND PURCHASE ORDERS A. PURCHASE ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, Member must clearly indicate to Vendor that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Vendor. Typically a Member will issue a purchase order directly to Vendor. Members may use their own forms for purchase orders, but it should clearly note the applicable Sourcewell contract number. Members will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Member. B. ADDITIONAL TERMS AND CONDITIONS. Additional terms and conditions to a purchase order may be negotiated between a Member and Vendor, such as job or industry-specific 4 Rev. 4/2019 DocuSign Envelope ID: 5E3E625A-BC0B-40FE-963B-4136BCF1B278 DocuSign Envelope ID: 1BA1F6D8-D01E-48BF-BB8A-690BA532C766 091219-THC requirements, legal requirements (such as affirmative action or immigration status requirements), or specific local policy requirements. Any negotiated additional terms and conditions must never be less favorable to the Member than what is contained in Vendor’s Proposal. C. PERFORMANCE BOND. If requested by a Member, Vendor will provide a performance bond that meets the requirements set forth in the Member’s purchase order. The cost of the bond premium shall be added to the cost of the Product. D. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Member requires service or specialized performance requirements (such as e-commerce specifications, specialized delivery requirements, or other specifications and requirements) not addressed in this Contract, the Member and the Vendor may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement. E. TERMINATION OF PURCHASE ORDERS. Members may terminate a purchase order, in whole or in part, immediately upon notice to Vendor in the event of any of the following events: 1. The Member fails to receive funding or appropriation from its governing body at levels sufficient to pay for the goods to be purchased; 2. Federal or state laws or regulations prohibit the purchase or change the Member’s requirements; or 3. Vendor commits any material breach of this Contract or the additional terms agreed to between the Vendor and a Member. F. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Member’s purchase order will be determined by the Member making the purchase. 7. CUSTOMER SERVICE A. PRIMARY ACCOUNT REPRESENTATIVE. Vendor will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for: x Maintenance and management of this Contract; x Timely response to all Sourcewell and Member inquiries; and x Business reviews to Sourcewell and Members, if applicable. B. BUSINESS REVIEWS. Vendor must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to members, pricing and 5 Rev. 4/2019 DocuSign Envelope ID: 5E3E625A-BC0B-40FE-963B-4136BCF1B278 DocuSign Envelope ID: 1BA1F6D8-D01E-48BF-BB8A-690BA532C766 091219-THC contract terms, administrative fees, supply issues, customer issues, and any other necessary information. 8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Vendor must provide a contract sales activity report (Report) to the Sourcewell Contract Administrator assigned to this Contract. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Vendor must submit a report indicating no sales were made). The Report must contain the following fields: x Customer Name (e.g., City of Staples Highway Department); x Customer Physical Street Address; x Customer City; x Customer State; x Customer Zip Code; x Customer Contact Name; x Customer Contact Email Address; x Customer Contact Telephone Number; x Sourcewell Assigned Entity/Member Number; x Item Purchased Description; x Item Purchased Price; x Sourcewell Administrative Fee Applied; and x Date Purchase was invoiced/sale was recognized as revenue by Vendor. B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Vendor will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Members. The Vendor will submit a check payable to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased by Members under this Contract during each calendar quarter. Payments should note the Sourcewell-assigned contract number in the memo and must be mailed to the address above “Attn: Accounts Receivable.” Payments must be received no later than forty-five (45) calendar days after the end of each calendar quarter. Vendor agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract. In the event the Vendor is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Vendor in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than thirty (30) days from the cancellation date. 6 Rev. 4/2019 DocuSign Envelope ID: 5E3E625A-BC0B-40FE-963B-4136BCF1B278 DocuSign Envelope ID: 1BA1F6D8-D01E-48BF-BB8A-690BA532C766 091219-THC 9. AUTHORIZED REPRESENTATIVE Sourcewell's Authorized Representative is its Chief Procurement Officer. Vendor’s Authorized Representative is the person named in the Vendor’s Proposal. If Vendor’s Authorized Representative changes at any time during this Contract, Vendor must promptly notify Sourcewell in writing. 10. ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. ASSIGNMENT. Neither the Vendor nor Sourcewell may assign or transfer any rights or obligations under this Contract without the prior consent of the parties and a fully executed assignment agreement. Such consent will not be unreasonably withheld. B. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been fully executed by the parties. C. WAIVER. If either party fails to enforce any provision of this Contract, that failure does not waive the provision or the right to enforce it. D. CONTRACT COMPLETE. This Contract contains all negotiations and agreements between Sourcewell and Vendor. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. E. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, master- servant, principal-agent, or any other relationship. 11. LIABILITY Vendor must indemnify, save, and hold Sourcewell and its Members, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees, arising out of the performance of this Contract by the Vendor or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. 12. AUDITS Sourcewell reserves the right to review the books, records, documents, and accounting procedures and practices of the Vendor relevant to this Contract for a minimum of six (6) years from the end of this Contract. This clause extends to Members as it relates to business conducted by that Member under this Contract. 7 Rev. 4/2019 DocuSign Envelope ID: 5E3E625A-BC0B-40FE-963B-4136BCF1B278 DocuSign Envelope ID: 1BA1F6D8-D01E-48BF-BB8A-690BA532C766 091219-THC 13. GOVERNMENT DATA PRACTICES Vendor and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Vendor under this Contract. If the Vendor receives a request to release the data referred to in this article, the Vendor must immediately notify Sourcewell and Sourcewell will assist with how the Vendor should respond to the request. 14. INTELLECTUAL PROPERTY As applicable, Vendor agrees to indemnify and hold harmless Sourcewell and its Members against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Members by any person on account of the use of any Equipment or Products by Sourcewell or its Members supplied by Vendor in violation of applicable patent or copyright laws. 15. PUBLICITY, MARKETING, AND ENDORSEMENT A. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Vendor individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract. B. MARKETING. Any direct advertising, marketing, or offers with Members must be approved by Sourcewell. Materials should be sent to the Sourcewell Contract Administrator assigned to this Contract. C. ENDORSEMENT. The Vendor must not claim that Sourcewell endorses its Equipment, Products, or Services. 16. GOVERNING LAW, JURISDICTION, AND VENUE Minnesota law governs this Contract. Venue for all legal proceedings out of this Contract, or its breach, must be in the appropriate state court in Todd County or federal court in Fergus Falls, Minnesota. 8 Rev. 4/2019 DocuSign Envelope ID: 5E3E625A-BC0B-40FE-963B-4136BCF1B278 DocuSign Envelope ID: 1BA1F6D8-D01E-48BF-BB8A-690BA532C766 091219-THC 17. FORCE MAJEURE Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default. 18. SEVERABILITY If any provision of this Contract is found to be illegal, unenforceable, or void then both Sourcewell and Vendor will be relieved of all obligations arising under such provisions. If the remainder of this Contract is capable of performance, it will not be affected by such declaration or finding and must be fully performed. 19. PERFORMANCE, DEFAULT, AND REMEDIES A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows: 1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Vendor will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties. 2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Vendor may escalate the resolution of the issue to a higher level of management. The Vendor will have thirty (30) calendar days to cure an outstanding issue. 3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Vendor must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Vendor fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, any additional costs incurred by Sourcewell and/or its Members as a result of such failure to proceed will be borne by the Vendor. B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Member order under this Contract, in default: 1. Nonperformance of contractual requirements, or 2. A material breach of any term or condition of this Contract. Written notice of default and a reasonable opportunity to cure must be issued by the party claiming default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may: 9 Rev. 4/2019 DocuSign Envelope ID: 5E3E625A-BC0B-40FE-963B-4136BCF1B278 DocuSign Envelope ID: 1BA1F6D8-D01E-48BF-BB8A-690BA532C766 091219-THC x Exercise any remedy provided by law or equity, or x Terminate the Contract or any portion thereof, including any orders issued against the Contract. 20. INSURANCE A. REQUIREMENTS. At its own expense, Vendor must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following: 1. Workers’ Compensation and Employer’s Liability. Workers’ Compensation: As required by any applicable law or regulation. Employer's Liability Insurance: must be provided in amounts not less than listed below: Minimum limits: $500,000 each accident for bodily injury by accident $500,000 policy limit for bodily injury by disease $500,000 each employee for bodily injury by disease 2. Commercial General Liability Insurance. Vendor will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition). At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract. Minimum Limits: $1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury $2,000,000 aggregate for Products-Completed operations $2,000,000 general aggregate 3. Commercial Automobile Liability Insurance. During the term of this Contract, Vendor will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer). Minimum Limits: $1,000,000 each accident, combined single limit 4. Umbrella Insurance. During the term of this Contract, Vendor will maintain umbrella coverage over Workers’ Compensation, Commercial General Liability, and Commercial Automobile. 10 Rev. 4/2019 DocuSign Envelope ID: 5E3E625A-BC0B-40FE-963B-4136BCF1B278 DocuSign Envelope ID: 1BA1F6D8-D01E-48BF-BB8A-690BA532C766 091219-THC Minimum Limits: $2,000,000 5. Network Security and Privacy Liability Insurance. During the term of this Contract, Vendor will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Vendor’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service. Minimum limits: $2,000,000 per occurrence $2,000,000 annual aggregate Failure of Vendor to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default. B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Vendor must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Contract Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf. All policies must include there will be no cancellation, suspension, non-renewal, or reduction of coverage without thirty (30) days’ prior written notice to the Vendor. Failure to request certificates of insurance by Sourcewell, or failure of Vendor to provide certificates of insurance, in no way limits or relieves Vendor of its duties and responsibilities in this Contract. C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Vendor agrees to name Sourcewell and its Members, including their officers, agents, and employees, as an additional insured under the Vendor’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Vendor, and products and completed operations of Vendor. The policy provision(s) or endorsement(s) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds. D. WAIVER OF SUBROGATION. Vendor waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Vendor or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance 11 Rev. 4/2019 DocuSign Envelope ID: 5E3E625A-BC0B-40FE-963B-4136BCF1B278 DocuSign Envelope ID: 1BA1F6D8-D01E-48BF-BB8A-690BA532C766 091219-THC maintained by the Vendor or its subcontractors. Where permitted by law, Vendor must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors. E. UMBRELLA/EXCESS LIABILITY. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies). F. SELF-INSURED RETENTIONS. Any self-insured retention in excess of $10,000 is subject to Sourcewell’s approval. 21. COMPLIANCE A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold. B. LICENSES. Vendor must maintain a valid status on all required federal, state, and local licenses, bonds, and permits required for the operation of the business that the Vendor conducts with Sourcewell and Members. 22. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION Vendor certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Vendor declares bankruptcy, Vendor must immediately notify Sourcewell in writing. Vendor certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota, the United States federal government, or any Member. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Vendor further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time. 23. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER UNITED STATES FEDERAL AWARDS OR OTHER AWARDS Members that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Members may also require additional requirements based on specific funding specifications. Within this Article, all references to “federal” should be interpreted to mean the United States federal government. The following list only applies when 12 Rev. 4/2019 DocuSign Envelope ID: 5E3E625A-BC0B-40FE-963B-4136BCF1B278 DocuSign Envelope ID: 1BA1F6D8-D01E-48BF-BB8A-690BA532C766 091219-THC a Member accesses Vendor’s Equipment, Products, or Services with United States federal funds. A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60- 1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference. B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Vendor must be in compliance with all applicable Davis-Bacon Act provisions. C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. § 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5). Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction 13 Rev. 4/2019 DocuSign Envelope ID: 5E3E625A-BC0B-40FE-963B-4136BCF1B278 DocuSign Envelope ID: 1BA1F6D8-D01E-48BF-BB8A-690BA532C766 091219-THC work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above. D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above. E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Vendor certifies that during the term of this Contract will comply with applicable requirements as referenced above. F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency. G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Vendors must file any required certifications. Vendors must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award 14 Rev. 4/2019 DocuSign Envelope ID: 5E3E625A-BC0B-40FE-963B-4136BCF1B278 DocuSign Envelope ID: 1BA1F6D8-D01E-48BF-BB8A-690BA532C766 091219-THC covered by 31 U.S.C. § 1352. Vendors must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Vendors must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352). H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Vendor must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Vendor further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of three (3) years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed. I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Vendor must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Vendor must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition. K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Vendor agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Vendor that are directly pertinent to Vendor’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Vendor’s personnel for the purpose of interview and discussion relating to such documents. L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 15 Rev. 4/2019 DocuSign Envelope ID: 5E3E625A-BC0B-40FE-963B-4136BCF1B278 DocuSign Envelope ID: 1BA1F6D8-D01E-48BF-BB8A-690BA532C766 091219-THC 24. CANCELLATION Sourcewell or Vendor may cancel this Contract at any time, with or without cause, upon sixty (60) days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Vendor’s Proposal. Termination of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to termination. Sourcewell The Heil Co. By: By: Jeremy Schwartz George Paturalski Title: Director of Operations & Procurement/CPO Date: _11/11/2019 | 4:17 PM CST Title: Assistant Secretary Date: Approved: By: Chad Coauette Title: Executive Director/CEO Date: 11/11/2019 | 6:44 PM CST 16 Rev. 4/2019 DocuSign Envelope ID: 5E3E625A-BC0B-40FE-963B-4136BCF1B278      DocuSign Envelope ID: 1BA1F6D8-D01E-48BF-BB8A-690BA532C766 RFP 091219 - Mobile Refuse Collection Vehicles with Related Equipment, Accessories, and Services Vendor Details Company Name: The Heil Co. Does your company conduct business under any other name? If yes, please state: Address: (Heil) 2030 Hamilton Place Blvd, #200 Chattanooga, TN 37421 Contact: Burgess Lane Email: blane@doveresg.com Phone: 256-478-0425 HST#: 363896843 Submission Details Created On: Thursday July 11, 2019 09:28:35 Submitted On: Wednesday September 11, 2019 09:59:56 Submitted By: Burgess Lane Email: blane@doveresg.com Transaction #: 86955ac5-f190-4f28-b35f-31bdbabd60c1 Submitter's IP Address: 74.127.76.220 DocuSign Envelope ID: 5E3E625A-BC0B-40FE-963B-4136BCF1B278 DocuSign Envelope ID: 1BA1F6D8-D01E-48BF-BB8A-690BA532C766 Specifications Proposer Identity & Authorized Representatives Line Item Question Response * 1 Proposer Legal Name (and applicable d/b/a, if any): The Heil Co. (“Heil") * 2 Proposer Address: 2030 Hamilton Place Blvd, #200 Chattanooga, TN 37421 * 3 Proposer website address: www.heil.com * 4 Proposer's Authorized Representative (name, title, address, email address & phone) (The representative must have authority to sign the “Proposer’s Assurance of Compliance” on behalf of the Proposer): Dave Young Vice President - Sales dyoung@doveresg.com 423-855-6353 * 5 Proposer's primary contact for this proposal (name, title, address, email address & phone): Burgess Lane Ready Truck Manager blane@heil.com 256-304-2218 * 6 Proposer's other contacts for this proposal, if any (name, title, address, email address & phone): Larry Angel General Manager Ready Trucks langel@heil.com 423-242-2967 Jim Whitlow Ready Truck Business Analyst jwhitlow@heil.com 256-845-8355 Company Information and Financial Strength Line Item Question Response * 7 Provide a brief history of your company, including your company’s core values, business philosophy, and industry longevity related to the requested equipment, products or services. Formed in 1901 by Julius P. Heil, Heil is the world’s premier manufacturer of ultra-durable, highly productive mobile refuse collection vehicles. Our product offering encompasses front loaders, rear loaders, side loaders, and multi-compartment vehicles, alternative fuels as well as special packages for organics. As the industry’s leading provider of mobile collection solutions, we operate with a clearly defined mission, vision, set of core values, and set of strategic priorities: Mission: Process, transport, and transform the solid waste stream into sustainable resources that benefit our customers and communities. Vision: Be the undisputed global leader in people, performance, and customer value in the solid waste and recycling industry. Core Values: • Collaborative Entrepreneurial Spirit • Winning Through Customers • High Ethical Standards, Openness, and Trust • Expectations for Results • Respects and Values People Strategic Priorities: • Safety • Quality • On-Time Delivery • Productivity Improvement In addition to the wide array of custom-configured refuse bodies, HEIL offers two innovative programs to assist customers with updating or enhancing their refuse collection fleets quickly. Ready Trucks Program For customers who need to grow their fleet quickly or replace tired trucks and would like to purchase a new Heil refuse collection vehicle, we offer our Ready Trucks Program. This Program enables customers to choose a heavy-duty unit from stock, equipped with our most requested options, and receive same-day shipping. For those customers who would like to make slight modifications to a stock unit, we offer the ability to customize a unit in inventory and have it ship within 60 calendar days as part of our 60-day Shipping Guarantee. DocuSign Envelope ID: 5E3E625A-BC0B-40FE-963B-4136BCF1B278 DocuSign Envelope ID: 1BA1F6D8-D01E-48BF-BB8A-690BA532C766 We offer a large variety of chassis inventory for mounting Heil refuse collection bodies. At any given time, we either stock or have immediate access to 500 to 700 chassis, both conventional and cab-over engine models. With chassis production lead times currently as long as four (4) months and often as long as twelve (12) months in recent years, having chassis on hand will enable Heil to offer Sourcewell Members immediate access to the majority of our refuse collection vehicles. Having such a large product offering requires a substantial number of different chassis models. The table below demonstrates our extensive offering of both diesel and compressed natural gas (CNG) models: Chassis Manufacturer Cab-Over Conventional Autocar X X Crane Carrier X Freightliner X International X Hino X X Kenworth X Mack X X Peterbilt X X (Cab-over models are primarily used for Heil front loaders, automated side loaders and, to a les Appendix A. You will note that we are offering in excess of 200 different chassis specifications Heil Rental Programs Heil has relationships with Big Truck Rental, Rush Rentals and Premier Tr purchasing vehicles for a fleet. By renting, municipal customers can: • Start a new pickup or collection route due to annexation without the typical upfront investment. • Kick off a new route or relationship without the possible strain on cash flow. • Replace a unit that goes down unexpectedly or is in for service, in most cases within 24 hours. • Manage an emergency storm cleanup or another sudden situation where time is of the essence and expansion of service may need to be temporary, such as seasonal leaf and brush collection. • Determine which front, side or rear loader is the right solution for an application by testing a rental unit before buying. • Please see Appendix – BTR for Big Truck Rental pricing • Please see Appendix – Rush for Rush Rental pricing • Please see Appendix – Premier 1 and Premier 2 for Premier Truck Rental pricing Parts Central Parts Central offers Heil Certified OEM parts and a variety of aftermarket parts manufactured by Heil. Heil Certified OEM Parts are the most reliable replacement parts for Heil refuse collection vehicles. They’re made following the exact specifications and production processes on the same assembly lines as the parts originally installed on the vehicles. This means that they fit perfectly every time. Heil uses only the highest-quality materials for parts that last, minimizing costly downtime. Parts Central also offers the most requested aftermarket parts for Heil and other makes of refuse collection vehicles. Our aftermarket parts are designed and manufactured to strict standards and are backed by more than 118 years of industry experience and quality good enough to carry the Heil name. Most commonly requested parts are available for immediate, same-day delivery through a local authorized Heil Dealer. If customers require a part that’s not on the shelf locally, the dealer can expedite delivery from our main Parts Central warehouse in Fort Payne, Alabama. Orders for in-stock parts placed with the warehouse prior to 5:00 p.m. Eastern Standard Time will be shipped overnight. Even those hard-to-find parts for older refuse collection vehicles are often available through local Dealers for next-day delivery. * 8 Provide a detailed description of the products and services that you are offering in your proposal. Our product line consists of a series of commercial and residential equipment. They are divided into 9 sub categories: a) Front Loaders Half/Pack® Frontload Garbage Trucks. Heil’s Half/Pack has consistently delivered proven performance and continues to set the standard for front loaders. The Half/Pack is built for a long, reliable lifespan. Please see Appendix - Half Pack for more information regarding this product. Also, you may click the link below to view examples of this offering: https://www.heil.com/products/front-end-loaders/half-pack HALF/PACK® FREEDOM™ FRONT LOAD GARBAGE TRUCKS. Heil’s Half/Pack® Freedom front load garbage truck is the lightweight solution for commercial and residential refuse hauling routes, able to carry up to 11 tons of legal payload in its 28 yd. body. Please see DocuSign Envelope ID: 5E3E625A-BC0B-40FE-963B-4136BCF1B278 DocuSign Envelope ID: 1BA1F6D8-D01E-48BF-BB8A-690BA532C766 Appendix – Half Pack Freedom for more information regarding this product. Also, please click the link below to view examples of this offering: https://www.heil.com/products/front-end-loaders/half-pack-freedom HALF/PACK® COMMERCIAL FRONT LOAD GARBAGE TRUCK WITH ODYSSEY™ HYDRAULIC CONTROLS. This front loader features a refined hydraulic and electronic control system for maximum efficiency, reliability, and precise control. The Heil® Commercial Half/Pack® garbage truck with Odyssey™ Hydraulic Controls also has a single, easy-to-use joystick that requires minimal effort to operate, which saves time and increases productivity. Please see Appendix – Half Pack Commercial with Odyssey Controls for more information regarding this product. Also, please click the link below to view examples of this offering: https://www.heil.com/products/front-end-loaders/half-pack-commercial-odyssey HALF/PACK® SIERRA™ FRONT LOAD GARBAGE TRUCKS. At 17,050 lbs (16% lighter than our standard Half/Pack® Front Loader), the Heil® Sierra™ front load garbage truck is a mid- weight solution for commercial and residential refuse routes that can carry more than 10 tons of legal payload in its 28 yd frontload hopper. Whether you haul commercial or residential refuse, the Half/Pack® Sierra™ is simply the best light-weight front loader, hands down. Please see Appendix – Half Pack Sierra for more information regarding this product. Also, please click the link below to view examples of this offering: https://www.heil.com/products/front-end-loaders/half-pack-sierra HALF/PACK® AUTOMATED RESIDENTIAL FRONT LOAD GARBAGE TRUCKS. With major productivity enhancements, this game-changing automated front load garbage truck provides savings on residential refuse routes by eliminating high-maintenance items. For the most dependable Residential Front Loader in the business, you can count on the Heil® Half/Pack®. Please see Appendix – Half Pack Automated Residential for more information regarding this product. Also, please click the link below to view examples of this offering: https://www.heil.com/products/automated-front-loaders b) Rear Loaders POWERTRAK® COMMERCIAL PLUS HIGH CAPACITY REAR LOAD GARBAGE TRUCKS. The Heil® PowerTrak® PLUS High Capacity Rear Load Garbage Truck's patented design mounts the tag axle to the chassis frame rail, making it more structurally sound than models with the tag axle integrated into the tailgate, and an optional pusher axle can be added to carry an even greater legal payload. Please see Appendix – PTC Plus for more information regarding this product. Also, please click the link below to view examples of this offering: https://www.heil.com/products/rear-loaders/powertrak-commercial-plus PT 1000™ SINGLE AXLE REAR LOAD GARBAGE TRUCKS. With its 15-second cycle time, reload time of less than 6 seconds and its and large, 3 yd3 capacity hopper, this robust rear load garbage truck is the key to optimizing productivity on residential and commercial routes. Please see Appendix – PT1000 for more information regarding this product. Also, please click the link below to view examples of this offering: https://www.heil.com/products/rear-loaders/pt-1000 DURAPACK® 5000 REAR LOAD GARBAGE TRUCKS. This tough and reliable high-compaction rear load garbage truck has a unique swing link design, along with the waste industry’s largest capacity hopper. A large 3.94 yards – and compaction up to 1,000 lbs per yd3 for increased productivity on your commercial and residential trash routes. Please see Appendix – DP5000 for more information regarding this product. Also, please click the link below to view examples of this offering: https://www.heil.com/products/rear-loaders/durapack-5000 POWERTRAK® COMMERCIAL REAR LOAD GARBAGE TRUCKS. This powerful rear load garbage truck body has high-pressure hydraulics and dual-track design to provide an awesome compaction of up to 1,200 lbs per yard. The PowerTrak® 3.64 yd hopper handles construction, demolition, and bulk waste better than any commercial rear loader in its class. Please see Appendix – PTC for more information regarding this product. Also, please click this link below to view examples of this offering: https://www.heil.com/products/rear-loaders/powertrak-commercial NON-CDL MINI REAR LOAD GARBAGE TRUCKS. Don’t let the size fool you. The beauty of this highly maneuverable Non-CDL Rear Load Garbage Truck is its narrow, compact and lightweight design, making it ideal for commercial or residential waste hauling routes. Operators don’t need a commercial driver’s license (CDL) and the vehicle is exempt from Federal Excise Tax (FET). And the simple but effective swing link design means no slides, tracks or rollers, just compaction. Looking for the best Non-CDL Rear Load Garbage Truck Body on the market? Check out the Heil® Mini Rear Loader. Please see Appendix – Mini REL for more information regarding this product. Also, please click this link below to view examples of this offering: https://www.heil.com/products/rear-loaders/mini-rear-loader c) Side Loaders LIBERTY™ AUTOMATED SIDELOAD GARBAGE TRUCKS. The patented Python™ automated sideload garbage truck arm has a muscular, 9-foot reach, an 8-second cycle time and can lift up to 800 lbs. The incredibly lightweight Liberty™ automated side loader is perfect for residential collections. And the constant pack body – which is the lightest in the industry, has a patented paddle packer that continuously sweeps the hopper, eliminating the need to stop DocuSign Envelope ID: 5E3E625A-BC0B-40FE-963B-4136BCF1B278 DocuSign Envelope ID: 1BA1F6D8-D01E-48BF-BB8A-690BA532C766 and pack the load. Please see Appendix – Liberty for more information regarding this product. Also, please click the link below to view examples of this offering: https://www.heil.com/products/automated-side-loaders/liberty n * DURAPACK® PYTHON® AUTOMATED SIDE LOAD GARBAGE TRUCKS. The patented Heil® Python® Side Load Automated Arm has a 9-foot reach, an 8-second cycle time and can lift up to 800 lbs, making it a strong and fast performer on any residential refuse route. And the DuraPack® Sideload body is the industry standard when it comes to dependability and toughness. Please see Appendix – Python for more information regarding this product. Also, please click the link below to view examples of this offering: https://www.heil.com/products/automated-side-loaders/durapack-python RAPID RAIL® AUTOMATED SIDE LOAD GARBAGE TRUCKS. The Rapid Rail® Automated Side Loader garbage truck body has a 1,600 pound lift capacity, and allows for residential, commercial and multi-family refuse collection. It can handle 30-400 gallon refuse containers all day long with ease. The powerful arm has virtually zero kick out allowing operation in the tightest of alleys, and an 8-second cycle time means industry-leading productivity, all in combination with the lightest weight side loader in the industry. Please see Appendix – Rapid Rail for more information regarding this product. Also, please click the link below to view examples of this offering: https://www.heil.com/products/automated-side-loaders/rapid-rail DURAPACK® RAPID RAIL® SIDELOAD GARBAGE TRUCKS. The DuraPack® Rapid Rail® Autom DuraPack® high- compaction sideload body makes for a reliable, tough RCV. Please see Appe https://www.heil.com/products/automated-side-loaders/durapack-rapid-rail MULTIPACK® AUTOMATED SIDE LOAD GARBAGE TRUCKS. Heil® MultiPack® Sideload Garbage Truck Bodies combine the durable Heil® DuraPack®, the superior Python® automated arm and the proven DuraPack® 5000 refuse tailgate. It’s the only trash truck in the industry that can handle rear loader, side loader, and even commercial waste routes single-handedly. Please see Appendix – Multipack for more information regarding this product. Also, please click the link below to view examples of this offering: https://www.heil.com/products/automated-side-loaders/multipack d) Multi-Compartment Vehicles DURAPACK® 4060 SPLIT BODY REAR LOAD GARBAGE TRUCKS. The Heil® DuraPack® 4060 Split Body Rear Load Garbage Trucks are a win-win, allowing collection of multiple residential trash streams or recyclables. With the DuraPack® 4060 split body rear loader, one truck can do the work of two. And the reduced weight body means enhanced fuel economy and larger payloads on the route. Please see Appendix – 4060 for more information regarding this product. Also, please click the link below to view examples of this offering: https://www.heil.com/products/rear-loaders/durapack-4060 e) CNG Capabilities CNrG™ TAILGATE.The Heil® innovative, fully integrated CNrG™ tailgate fuel delivery system will revolutionize the way you use CNG garbage trucks. Please see Appendix – CNrG for more information. Also, please click the link below to view examples of this offering: https://www.heil.com/products/cng-capabilities/cnrg-tailgate CNG OPTIONS FOR GARBAGE TRUCKS. Heil® makes it easier than ever to realize the savings from CNG garbage trucks with our factory-direct CNG program. Please see Appendix – Heil CNG for more information. Also, please click the link below to view examples of this offering: https://www.heil.com/products/cng-capabilities/cng-options f) Organics ORGANIC WASTE COLLECTION TRUCKS AND EQUIPMENT. When it comes to waste stream diversion, one of the first targets is removing organic waste from the landfill. That’s where Heil comes in, with our Organics Waste Collection trucks and equipment. Whether your route is equipped with the PT-1000 or the iconic Heil® Rapid Rail®, we have organics processing options that allow you to meet your organics diversion targets. Please click the link below to view examples of this offering: https://www.heil.com/organics g) Parts Central Heil® Certified OEM Parts are the most reliable replacement parts for Heil® refuse trucks. DocuSign Envelope ID: 5E3E625A-BC0B-40FE-963B-4136BCF1B278 DocuSign Envelope ID: 1BA1F6D8-D01E-48BF-BB8A-690BA532C766 These parts are made following the exact specifications and production processes on the same assembly lines as the parts originally installed on the vehicles. This means they fit perfectly every time. Heil® uses only the highest-quality materials for parts that last. Parts Central also offers the most requested aftermarket parts for Heil and other makes of garbage truck bodies. Our aftermarket parts are designed and manufactured to strict standards and are backed by more than 100 years of industry experience. High-volume parts that are frequently requested are available for immediate, same-day delivery through your local Authorized Heil® Dealer. Orders for in-stock parts placed with Parts Central before 5 p.m. ET will be shipped overnight. Please click below to view examples of this offering: https://www.heil.com/products/parts-central h) Bayne Thinline Premium Lift Systems Mobile Refuse Products. Bayne's diverse line lifters for mobile refuse truck lifters is second to none. Our lifters are the most reliable solution to your waste handling needs, and we offer complete solutions for almost any application or budget. Please see Appendix – Bayne for more information regarding this product. Also, please click below to view examples of this offering: https://www.baynethinline.com/products/mobile_refuse_products i) Third Eye Refuse Fleet Solutions. Refuse collection can be tricky business. Knowing that you’ve serviced a home or business is important. So is doing it productively and safely every time. 3rd Eye on- board camera systems constantly monitor your driver as well as their environment to ensure the safe operation of their vehicle. It also allows fleet owners immediate verification of service and video validation of overfilled containers – which can lead to more revenue / increased service frequency. 3rd Eye is the most technologically advanced refuse fleet management solution for the waste industry, trusted by companies all over the United States, just like yours. From Enhance Vehicle Behavioral Analytics™, 3rd Eye Digital, 3rd Eye Mobile, Collision Avoidance Radar and more, 3rd Eye has the most comprehensive refuse fleet management solutions on the market. Please see Appendix – 3rd Eye for more information regarding this product. Also, please click the link below to view examples of this offering: https://www.3rdeyecam.com/refuse-fleet-management-systems/ The attached Proposal is tendered in compliance with and conforms to the bid specification requirements of Sourcewell as set forth in solicitation #091219 identified with an initial submittal date of September 11, 2019. However, for complete clarity and transparency, the pricing and performance commitments contained herein are tendered to Sourcewell predicated on a mutual understanding and agreement on the following points of clarification: 1. Warranty issues related to the body and Heil factory-installed components shall be administered and resolved by The Heil Co. Warranty for 3rd party manufacturers such as the chassis, chassis options, or subsequently installed components shall be administered and addressed by the respective product manufacturer. 2. Product returns shall only be available in the event Heil is notified of a body problem in writing and has not resolved the issue within thirty (30) days after receipt of said Notice. 3. Consistent with section 10B of this Agreement, any supplemental terms or conditions on Member-supplied transactional paperwork (such as a Purchase Order) shall be null and void unless an Amendment to this Agreement is executed between Supplier and Member. 4. In the event a Member requires a Performance Bond from Supplier, the cost of the bond premium shall be added to the cost of the Product. 5. In relation to section 12. Audits, audits are restricted to pricing and invoicing to verify our compliance with the contract. 6. In order to avoid any confusion concerning the point that the Agreement governs the sale in section 6F, and any Purchase Order terms do not apply per section 10B, we would like to clarify that all actions at law would take place in Todd County or Fergus Falls, MN. 7. Regarding section 20 A.5, our products and services do not fall within this category. 8. Regarding section 20 B, we do not provide copies of our insurance policies, but do provide the required Certificate of Insurance to demonstrate our proof of insurance. DocuSign Envelope ID: 5E3E625A-BC0B-40FE-963B-4136BCF1B278 DocuSign Envelope ID: 1BA1F6D8-D01E-48BF-BB8A-690BA532C766 9 What are your company’s expectations in the event of an award? As a company, we strive to live out the values we espouse of respecting people, maintaining th our product offerings and processes to provide the most extensive and complete portfolio of fir * 10 Demonstrate your financial strength and stability with meaningful data. This could include such items as financial statements, SEC filings, credit and bond ratings, letters of credit, and detailed reference letters. Upload supporting documents (as applicable) in the document upload section of your response. Please see Appendix B of this Proposal for a complete 2018 Dover Annual Report. Heil is an operating company within the Dover Company structure. https://investors.dovercorporation.com/annual- reports * 11 What is your US market share for the solutions that you are proposing? Although Heil is the leader in the US, we do not publish market share numbers. * 12 What is your Canadian market share, if any? Heil does not publish market shares. * 13 Has your business ever petitioned for bankruptcy protection? If so, explain in detail. No. We’ve never been subject of a bankruptcy action. * 14 How is your organization best described: is it a ma your written authorization to act as a distributor/dea with your sales and service force and with your dea a. Heil is a manufacturer and our dealer network is independently owned. b. Heil offers a case by case system of sales and marketing in the global market. In general, we employee our Dealer Network to cover cities and counties within all 50 states in the US and 7 Canadian provinces. Secondly, we employ Key Account Representatives where the volume of business warrants. Thirdly, we employ Regional Sales Managers to manage and coordinate the activities. All these individuals are employed by Heil, as follows: 1) Dealer Sales Representatives – Employed by Heil Dealers and they represent Heil from a Contract standpoint when quoting or selling Heil equipment to Sourcewell members. 2) Key Account Representatives – Employed by Heil 3) Regional Sales Managers – Employed by Heil * 15 If applicable, provide a detailed explanation outlining the licenses and certifications that are both required to be held, and actually held, by your organization (including third parties and subcontractors that you use) in pursuit of the business contemplated by this RFP. State of Tennessee - Motor Vehicle Manufacturer/Distributor License ID Number 00005771 Hamilton County, Tennessee - Business License License Number 052431 City of Chattanooga, Tennessee - Business Tax License State Tax Account # 501133955 Local Business Tax Account # 30101 The Heil Co. is an ISO-certified manufacturer. * 16 Provide all “Suspension or Disbarment” information that has applied to your organization during the past ten years. None * DocuSign Envelope ID: 5E3E625A-BC0B-40FE-963B-4136BCF1B278 DocuSign Envelope ID: 1BA1F6D8-D01E-48BF-BB8A-690BA532C766 17 Within this RFP category there may be subcategories of solutions. List subcategory titles that best describe your products and services. Our product line consists of a series of commercial and residential equipment. They are divided into 9 sub categories: Front Loaders Rear Loaders Side Loaders Multi-Compartment Vehicles CNG Capabilities * Organics Parts Central Bayne Thinline Premium Lift Systems Third Eye Industry Recognition & Marketplace Success Line Item Question Response * 18 Describe any relevant industry awards or recognition that your company has received in the past five years Heil holds more than 200 industry patents for solid waste and recycling innovations. We are al organizations: a. of Scrap Recycling Industries (ISRI) c. National Association for Information Destruction (NAID (WASTEC) In addition to these industry awards, we have the following recognitions: NWRA – 2014 Hall of fame induction – John Curotto, President, Curotto-Can, (subsidiary) NWRA – 2014 Hall of Fame induction – Bill Wilkerson, VP Sales and Marketing, Marathon (sister company) NJPA Pioneer Award - 2017 – Larry Angel – General Manager Ready Trucks * Pat Carroll, Heil President, is a member of the: a. Board of Governors of WASTEC b. Board of Directors of Environmental Research and Educational Foundation (EREF) 19 What percentage of your sales are to the governmental sector in the past three years 22% * 20 What percentage of your sales are to the education sector in the past three years Less than 1% as they generally do not pick up their own garbage. * 21 List any state or cooperative purchasing contracts that you hold. What is the annual sales volume for each of these contracts over the past three years? While Heil does not hold any other cooperative purchasing contracts, we do sell refuse trucks to our Dealer Network who utilize other procurement contracts including HGAC, Florida Sheriff’s Association, and the Texas Buy Board. * 22 List any GSA contracts that you hold. What is the annual sales volume for each of these contracts over the past three years? We do not have a GSA contract * References/Testimonials Line Item 23. Entity Name * Contact Name * Phone Number * City of Portsmouth Kenny Strickland stricklandk@portsmouthva.gov 757-393-8629 * City of Franklin VA Russell Pace rpace@franklinva.com 757-562-8562 * Dare County Shanna Fullmer shanna@darenc.com 252-423-0136 * City of Norfolk Rob Arnold robert.arnold@norfolk.gov 757-441-5813 University of Maryland Bill Guididas wguidida@umd.edu 301-405-3293 DocuSign Envelope ID: 5E3E625A-BC0B-40FE-963B-4136BCF1B278 DocuSign Envelope ID: 1BA1F6D8-D01E-48BF-BB8A-690BA532C766 Top Five Government or Education Customers Line Item 24. Provide a list of your top five government, education, or non-profit customers (entity name is optional), including entity type, the state or province the entity is located in, scope of the project(s), size of transaction(s), and dollar volumes from the past three years. Entity Name Entity Type * State / Province * Scope of Work * Size of Transactions * Dollar Volume Past Three Years * City of New York City Government New York - NY 724 Refuse Trucks 724 $68 million * City of El Paso, TX Government Texas - TX 50 Refuse Trucks 50 $5 million * City of Austin, TX Government Texas - TX 49 Refuse Trucks 49 $5.7 million * City of Columbus, GA Government Georgia - GA 40 Refuse Trucks 40 $2.7 million * Metro Nashville, TN Government Tennessee - TN 38 Refuse Trucks 38 $2.5 million * Ability to Sell and Deliver Service Nationwide Describe your company’s capability to meet the needs of Sourcewell Members across the US, and Canada if applicable.Your response should address in detail at least the following areas: locations of your network of sales and service providers, the number of workers (full-time equivalents) involved in each sector, whether these workers are your direct employees (or employees of a third party), and any overlap between the sales and service functions. Line Item Question Response * 25 Sales force. Heil’s dealer network consists of 34 dealers located within North America. All dealer locations that support the Heil brand can provide customers with road service, if needed, and all dealers offer onsite service at customer locations. In addition, we have 8 Regional Managers that support the Heil Dealers in their respective territories to help expedite and facilitate solutions to meet the member’s needs. Please see Appendix C for a map of our dealer locations and service locations. Heil Region Name Regional Manager Name Location % Focus on Heil Sales & Services Northeast Jim Blanchard Boston, MA 100% North Atlantic Dennis Fallon Pittsburg, PA 100% Southeast Randy Wells Fort Payne, AL 100% Central Joe Howard Houston, TX 100% Midwest Bob McHugh Chattanooga, TN 100% West Bill Engstrom Hurricane, UT 100% Northwest Mike Tucker Denver, CO 100% Canada Craig Thomas St. Louis, MO 100% * DocuSign Envelope ID: 5E3E625A-BC0B-40FE-963B-4136BCF1B278 DocuSign Envelope ID: 1BA1F6D8-D01E-48BF-BB8A-690BA532C766 26 Dealer network or other distribution methods. Heil Dealer List: Heil Dealer Name City State Heil Region Heil of Texas - Irving, TX Irving TX Central Heil of Texas - San Antonio, TX San Antonio TX Central Ingram Equipment Company, LLC - Pelham, AL Pelham AL Southeast Ingram Equipment Company, LLC - Theodore, AL Theodore AL Southeast International Trucks of Hawaii - Kapolei, O'ahu, HI Kapolei, O'ahu HI West Kois Brothers Equipment Company, Inc. - Commerce City, CO Commerce City CO Northwest Kois Brothers Equipment Company, Inc. - Billings, MT Billings MT Northwest Kois Brothers Equipment Company, Inc. - Great Falls, MT Great Falls MT Northwest Armor Equipment - Arnold, MO Arnold MO Midwest Balar Equipment Corporation - Phoenix, AZ Phoenix AZ West Bell Equipment Company - Lake Orion, MI Lake Orion MI North Atlantic Bell Equipment Company - Gahanna, OH Gahanna OH North Atlantic Bob's Services - Anchorage, AK Anchorage AK Northwest Bodyworks Equipment, Inc. - Monrovia, CA Monrovia CA West MacQueen Equipment, Inc. - Menomonee Falls, WI Menomonee Falls WI Midwest Carolina Environmental Systems, Inc. - Kernersville, NC Kernersville NC Southeast Carolina Environmental Systems, Inc. - Greenville, SC Greenville SC Southeast Carolina Environmental Systems, Inc. - Austell, GA Austell GA Southeast Central Indiana Truck Equipment (CITE) - Indianapolis, IN Indianapolis IN Midwest Cyncon Equipment Company - Rush, NY Rush NY Northeast Heil of Texas - Houston, TX Houston TX Central Stringfellow, Inc - Nashville, TN Nashville TN Midwest Stringfellow, Inc - Chattanooga, TN Chattanooga TN Midwest Sunbelt Hydraulics and Equipment, Inc. - Pompano Beach, FL Pompano Beach FL Southeast Tampa Crane and Body, Inc. - Tampa, FL Tampa FL Southeast MacQueen Equipment, Inc. - Ankeny, IA Ankeny IA Midwest United Engines, LLC - Oklahoma City, OK Oklahoma City OK Central Utility Truck Equipment Company (UTEC) - Lake Charles, LA Lake Charles LA Central Vasso Waste Systems, Inc. - Brooklyn, NY Brooklyn NY Northeast Fer-Marc Equipment, Ltd. - Regina, SK Regina SK Canada Ray Max Equipment Sales - Calgary, Alberta, AB Calgary, Alberta AB Canada Saniquip, Inc Riguad QC Canada Vimar Equipment, LTD Burnaby BC Canada Binzz Inc. - Campbellville, ON Brampton ON Canada Legacy Equipment Company - Salt Lake City, UT Salt Lake City UT Northwest MacQueen Equipment, Inc. - St. Paul, MN St. Paul MN Midwest Maine Equipment Company, Inc - Hermon, ME Hermon ME Northeast Mid-Atlantic Waste Systems - Easton, MD Easton MD North Atlantic Mid-Atlantic Waste Systems - Salem, VA Salem VA North Atlantic Mid-Atlantic Waste Systems - Chesapeake, VA Chesapeake VA North Atlantic Mid-Atlantic Waste Systems - New Castle, PA New Castle DE North Atlantic Mid-Atlantic Waste Systems - Clinton, MD Clinton MD North Atlantic Mid-Atlantic Waste Systems - Pittsburgh, PA Cheswick PA North Atlantic MacQueen Equipment, Inc. - Lincoln, NE Lincoln NE Midwest Northern Truck Equipment Corporation - Sioux Falls, SD Sioux Falls SD Midwest Northern Truck Equipment Corporation - Fargo, ND Fargo ND Midwest Northern Truck Equipment Corporation - Rapid City, SD Rapid City SD Midwest Preferred Truck & Equipment Repairs, Inc. - Sacramento, CA Sacramento CA West River City Hydraulics, Inc. - Sherwood, AR Sherwood AR Central River City Hydraulics, Inc. - Baton Rouge, LA Baton Rouge LA Central River City Hydraulics, Inc. - Memphis, TN Memphis TN Central Ruckstell California Sales Company, Inc - Fresno, CA Fresno CA West EJ Equipment - Addison, IL Addison IL Midwest Action Fleet Repair - North Las Vegas, NV North Las Vegas NV West Environmental Equipment Sales & Service, LLC Sutton MA Northeast Armor Equipment - Olathe, KS Olathe KS Midwest Heil of Texas - El Paso, TX El Paso TX Central EJ Equipment - Manteno, IL Manteno IL Midwest Preferred Truck & Equipment Repairs, Inc. - Livermore, CA Livermore CA West * 27 Service force. Our Heil Dealer Network comprises 60 locations to service customers. In addition to these dealer technicians, Heil also has 8 Field Service Technicians that are also available to service members if the need requires it. Support for our customers is a priority and we make it as easy as possible through our dealer locator on the Heil website, easy to access email for Heil Tech Support as well as the Heil Tech Support phone number. Please click the link below to see the ease of access: https://www.heil.com/support * DocuSign Envelope ID: 5E3E625A-BC0B-40FE-963B-4136BCF1B278 DocuSign Envelope ID: 1BA1F6D8-D01E-48BF-BB8A-690BA532C766 28 Describe in detail the process and procedure of your customer service program, if applicable. Include your response-time capabilities and commitments, as well as any incentives that help your providers meet your stated service goals or promises. Heil Environmental has dedicated Customer Care and Support for new refuse equipment sales on site as well as through our extensive US dealer network. Heil also offers OEM part sales and support through Heil Parts Central. For new unit sales, Heil’s release management process provides firm commitment dates on standard orders within 72 hours. All Heil products are manufactured and inspected throughout the build process building quality into every Heil product from the start. Quality Control reviews every unit before shipment to ensure every product is 100% accurate to the customer’s request and order submission. OEM part sales are available through Heil Parts Central’s 24-hours a day e-commerce website al Representatives for these products as well. At Heil we pride ourselves on customer satisfaction * 29 Identify any geographic areas of the United States that you will NOT be fully serving through the proposed contract. Heil is fully prepared and uniquely capable of servicing ALL Sourcewell Member geographic areas and market segments under this contract in the United States, Canada, and internationally. * 30 Identify any Sourcewell Member sectors (i.e., government, education, not-for-profit) that you will NOT be fully serving through the proposed contract. Explain in detail. For example, does your company have only a regional presence, or do other cooperative purchasing contracts limit your ability to promote another contract? There will be no exclusions of Sourcewell Members from our contract related to this RFP. Heil is fully prepared and uniquely capable of servicing ALL Sourcewell Member segments. * 31 Define any specific contract requirements or restrictions that would apply to our Members in Hawaii and Alaska and in US Territories. The requirements for shipping a piece of equipment via an ocean-going vessel will vary depending on the port of departure and the port of delivery. In some cases, full or partial payment of equipment may be required prior to loading onto the shipping vessel or exiting port after loaded. * Marketing Plan Line Item Question Response * 32 Describe your marketing strategy for promoting this contract opportunity. Upload representative samples of your marketing materials (if applicable) in the document upload section of your response. Heil is very aggressive in our marketing of the opportunities provided us by our association with Sourcewell. We have one of the nation’s largest dealer networks – and work with them, provide training and guidance regarding how to best take advantage of our Sourcewell contract. In addition, we use our in-house video production team to further enhance both the brand – and the strength of partnering with Sourcewell through both our Sourcewell video testimonial – and through our popular ReadyTruck video series – which plugs Sourcewell during every episode. Both of these channels are popular and viewed by our following. These can also be found on our website – which garners more traffic than any of our competitors [based on Moz and Google Analytics reporting]. In addition, we display our Sourcewell contract proudly on our website, as well as on all of our eBrochures. * 33 Describe your use of technology and digital data (e.g., social media, metadata usage) to enhance marketing effectiveness. Effective SEO is a key component of all of ESG’s web properties and Heil, Marathon, and 3rd Eye all have robust social media strategies that highlight wins, customers, and information pertinent to the waste industry. We are leading all of our competitors in our SEO search metrics as can be seen in the attached charts. We have always looked at our SEO strategy as a “discipline” vs. a process – and we feel that our dominance in this area is a testament to that. Combined with this strategy are tools that monitor our website traffic and provide very granular metrics regarding who is on our site, what they are looking for – and how often they visit. This information is then automatically delivered to our sales teams to ensure they track the lead through revenue generation. * 34 In your view, what is Sourcewell’s role in pr Sourcewell- awarded contract into your sale Sourcewell is seen has a valuable partner in the implementation and success of this contract. As such, we believe that Sourcewell’s role as a joint partner in all marketing collaterals is essential. As part of our partnership, Heil will be responsible for increasing Sourcewell awareness and the inherent benefits of the contract through our various dealer sales meetings, national Heil sales meetings and any trade shows in which we participate. In exchange, we would expect that Sourcewell will promote Heil on the Sourcewell website, in the quarterly Newsletter, in all Sourcewell literature, and at all applicable marketing resources and publications. * 35 Are your products or services available throu e- procurement system and how governmen No. Due to the many options that are offered on both body and chassis and the electronic interactions that have to occur between the two units, we feel it prudent to involve our Dealer Representatives that are trained to know what will work together and what will not. It is too complicated to just select options and hope it will work, and this will help protect the member’s procurement teams who may not be as knowledgeable regarding product options and applications by utilizing the trained staff at our dealer locations. * Value-Added Attributes Line Item Question Response * DocuSign Envelope ID: 5E3E625A-BC0B-40FE-963B-4136BCF1B278 DocuSign Envelope ID: 1BA1F6D8-D01E-48BF-BB8A-690BA532C766 36 Describe any product, equipment, maintenance, or operator training programs that you offer to Sourcewell Members. Include details, such as whether training is standard or optional, who provides training, and any costs that apply. Heil offers a wide array of custom training programs that keeps our sales management and Dealer sales force up to speed on our products. From selling techniques, technical product and operator trainings, to product maintenance schools, every aspect of selling and promoting our vehicles is covered. We have been extremely successful with these programs and will be offering them again to our Sourcewell members to further their education on mobile refuse collection vehicles. They consist of: • In-person training sessions. They are performed in our Fort Payne, Alabama and Vernon, Alabama production facilities. The proximity of the factory makes it easier for the Sourcewell Members to fully comprehend what separates our mobile refuse vehicles from our competitors. • Mobile training trailers that travel throughout the United States. These two unique and first in the industry mobile classrooms bring education directly to our customers. As a customer-oriented company, we believe this type of training eliminates travel time, job downtime, and related costs for course attendees. In fact, they can be set up onsite at a customer or Dealer location and are equipped with the latest technology to deliver customer-specific content in air-conditioned comfort. • Heil Service Shack video trainings available to our Sourcewell members in the form videos posted on our various social media sites. These are available in English, Spanish and French Canadian. Follow the links below for examples: English https://vimeo.com/281281938/636d4ccd22 * French Canadian https://vimeo.com/281969922 Spanish https://vimeo.com/274579697 37 Describe any technological advances that your proposed products or services offer. • Safety via cameras and radar with the ability to record all cameras on the truck (when installed with 3rd Eye’s Hurricane Gateway) • Asset utilization: be able to record and track the hours and location of your assets • Equipment behavior: know that status of your garbage truck’s hopper, compactor and ancillary equipment in real time • On Road / Off Road: know when your assets are on highway and when they are not • Integrating lightweight composites into non-critical areas of our refuse collection bodies to produce the lightest weight refuse collection vehicle on the market today with the largest legal payload – 11+ tons. • Adding the Heil Overweight Prevention System™ (HOPS™) to our refuse collection vehicles to monitor vehicle weight while on route. HOPS uses axle transducer scales, accurate to within 2%, to determine the vehicle’s gross weight. When the unit approaches its maximum allowable weight, the driver receives audible and visual signals inside the cab. When the unit reaches its maximum allowable weight, the system prevents the operator from collecting any more cans. This helps ensure full loads, minimizes exposure to overweight fines, and extends the life of the vehicle. • Heil’s Automated Front Loader with Odyssey controls and hydraulics launched in mid-2013 redefining automated and bulk refuse collection levels. Pressure compensated piston pump, positions sensing cylinders and control logic drove weight out of the product while significantly reducing complexity, increasing reliability resulting in industry leading uptime and lowest Total Cost of Ownership. • No other residential front loader garbage truck features the Half/Pack® smart design, with all of its systems working together to reduce the total cost of operation. It’s more efficient, easier to operate, easier to service, and less likely to need service in the first place. • The Half/Pack® Freedom™ frontload trash truck weighs only 15,700 pounds, which is 19% lighter than a standard Half/Pack® and 1,350 pounds lighter than the lightweight Half/Pack® Sierra™. The Freedom™ can carry up to 11 tons of legal payload in its 28 cubic yard front load body – the largest legal payload – and features a 12 cubic yard hopper and a frontload arm lifting capacity of 8,000 pounds. To ensure the Half/Pack® Freedom™ front loader maintains its long-term durability, we have added an innovative load-control system to the unit called the Heil® Optimal Payload System™ or HOPS™. • The Heil® Half/Pack® front-load garbage truck with Odyssey™ hydraulic controls has a single, easy- to-use joystick that maximizes ergonomics by requiring minimal effort to operate and increases productivity. It is also equipped with an Insight Display, an in-cab display that provides real-time feedback, as well as optimal operator control. * DocuSign Envelope ID: 5E3E625A-BC0B-40FE-963B-4136BCF1B278 DocuSign Envelope ID: 1BA1F6D8-D01E-48BF-BB8A-690BA532C766 38 Describe any “green” initiatives that relate to your company or to your products or services, and include a list of the certifying agency for each. As a leader in the solid waste and recycling industry, Heil maintains a corporate mission to provide customers with innovative solutions for processing, transporting, and transforming the solid waste stream into sustainable resources that benefit both our customers and our communities. To that end, ZHVWULYHWRLQFRUSRUDWHʊJUHHQSUDFWLFHVLQWRRXUFRmpany processes as well as into our products. Here are some examples: • We have installed a CNG fueling station at our Fort Payne, Alabama production facility to meet the fueling needs of refuse collection units leaving the plant as well as to support the fueling of privately owned CNG-powered vehicles in the local community. • As part of our manufacturing process we install CNG fuel systems on many new customer trucks while meeting the growing demand for gas fueling applications. In Heil production facilities, we: • Recycle 100% of the scrap steel used to make our products • Use a low VOC electrostatic paint process to paint our lifters, refuse collection bodies, compactors, and balers • Actively recycle cardboard, aluminum, plastic, office paper, and wooden pallets • Our green products include: • Use of hybrid and CNG-fueling systems on our Heil refuse collection bodies • Building innovative, lightweight Heil refuse collection units that reduce costs associated with fuel, tires, and brakes • Our patented Odyssey™ hydraulic control technology delivers waste industry-leading productivity with the lowest total cost of ownership, helping refuse haulers make more money on the route. This system is designed to help operators finish routes up to 20% faster, deliver measurable fuel savings while reducing wear on the lift assembly, chassis, engine, and transmission. Plus, it greatly reduces noise pollution. * • $VD'RYHUFRPSDQ\+HLOVXSSRUWV'RYHU&RUSRUDWLRQ¶Vʊ6XVWDLQDELOLW\3ROLF\DORQJ-term commitment to operational excellence that will reduce greenhouse gas emissions, the use of volatile organic compounds (VOC), metal and cardboard consumption, and landfill utilization across the enterprise. • Specifically, Dover has committed to reduce greenhouse gas emissions and energy consumption by 20% each by the year 2020. Many Dover operating companies have already achieved significant energy and energy cost reductions in their operations. Launched in 2012, Dover's Energy Efficiency Captain Program has created a knowledge sharing community of operating company professionals to discuss energy efficiency and sustainability initiatives at their facilities. Initial findings from 2012 data indicate that 39 energy efficiency projects were implemented, with over 8,000 MWh in savings. To learn more, please click the following link: https://www.dovercorporation.com/about-us/sustainability/intensity-goals 39 Identify any third-party issued eco- labels, ratings or certifications that your company has received for the equipment or products included in your Proposal related to energy efficiency or conservation, life-cycle design (cradle-to-cradle), or other green/sustainability factors. Heil is continually innovating toward solving all sorts of hard problems that enable our customers to be more safe and efficient. One example of this is the way Odyssey controls help to conserve energy through smart hydraulic power management. By providing the right amount of power only when it is needed, energy is conserved. Specifically, utilizing a variable displacement pump combined with a load sensing hydraulic valve and proportional control system, operators get the finesse and power they need while fuel economy improves. Moreover, in our more conventional designs, complete disengagement of the hydraulic pump, via a hot shift pto, eliminates parasitic loss which also improves fuel efficiency. One of the more substantial efficiency improvements with the Odyssey comes from system productivity. The entire system efficiency plays a major role in fuel usage when viewed from the perspective of ‘cans-per- gallon’. The Odyssey design takes seconds off of packer and auto-lift cycles. Combine this with the inherent ergonomics and maneuverability of the Curotto Can and the unit finishes the route substantially faster than conventional RCVs. Of vital importance is the fact that when the key switch is off, there is 100% fuel savings. The culmination of these highly engineered features results in a product that has the potential to save hours a week in operational costs. All things being equal, if a route is completed in 9 hours verses 10; there is a 10% fuel savings. Energy conservation is of critical importance to all stakeholders in the RCV industry. Heil recognizes this and has responded with a highly engineered product that lives up to the Heil legacy. This has been accomplished through the designs, measurements and analysis reflected here, and is meant to help end users succeed in their social, financial and environmental goals. * 40 Describe any Women or Minority Business Entity (WMBE), Small Business Entity (SBE), or veteran owned business certifications that your company or hub partners have obtained. Upload documentation of certification (as applicable) in the document upload section of your response. As an operating entity of a public company, Heil is not certified as a WMBE or SBE business entity. However, five of our dealers are certified as WMBE business entities: Heil of Texas, River City Hydraulics, Ingram Equipment, UTEC, and Fer-Marc Equipment. * DocuSign Envelope ID: 5E3E625A-BC0B-40FE-963B-4136BCF1B278 DocuSign Envelope ID: 1BA1F6D8-D01E-48BF-BB8A-690BA532C766 41 What unique attributes does your company, your products, or your services offer to Sourcewell Members? What makes your proposed solutions unique in your industry as it applies to Sourcewell members? • The ability to be a single source provider for equipment, parts and service under this contract • Offer a full range of RCV products - Front Loader, Automated Front Loader, Side Loader and Rear Loader. • Localized parts inventories at your Dealer Locations for all models • All RCV’s offered are manufactured in the US and comply with current ANSI and FMVSS requirements • 60 authorized US and Canada Dealer locations capable of providing complete Sales, Parts & Service • All Dealers routinely evaluated to ensure they are providing superior quality and service • Directly employ 8 technicians who provide factory and field support for all products offered, with access to over 650 engineering and manufacturing personnel • Own well over 200 patents • All warranty handled direct without pass through to an outside supplier or manufacturer • Preventative maintenance programs available • Complete service, operator, factory and field training available for authorized Dealers and customers across all product lines • Offer on-site alternative fuel system installation • On-site alternative fuel filling station • On the ground, completed and ready to go factory RCV inventory program with equipment available for immediate delivery • Rental program to fulfill equipment needs prior to completing a Sourcewell transaction • Factory and Dealer demos available for on route demonstrations • Utilize multiple software tools to collect data and analyze route information to offer best-product solutions and optimize Total Cost of Ownership for varying user conditions • Sales, parts and service marketing programs available to Dealers for all products * 42 Identify your ability and willingness to provide your products and services to Sourcewell member agencies in Canada. Heil is uniquely capable and fully prepared to service Sourcewell Members in Canada and around the globe. We have 5 dealers in the Canadian Provinces with many representatives who are bilingual where applicable, as well as a widespread network of representation around the world in various countries, all of whom are managed by Heil Export Sales Team. Heil is also the preferred supplier of refuse collection bodies to many the largest waste management companies that currently serve the Canadian market as well as Canada’s largest rental fleet. * Warranty Describe in detail your manufacturer warranty program, including conditions and requirements to qualify, claims procedure, and overall structure. You may upload representative samples of your warranty materials (if applicable) in the document upload section of your response in addition to responding to the questions below. Line Item Question Response * 43 Do your warranties cover all products, parts, and labor? The initial 1-year standard warranty coverage includes parts and labor for 12 months or 2000 hours. In addition to the 1-year standard warranty, there are also various extended warranty packages that may be purchased depending on the needs of the individual member. * 44 Do your warranties impose usage restrictions or other limitations that adversely affect coverage? Heil® Certified OEM Parts are the most reliable replacement parts for Heil® refuse trucks. These parts are made following the exact specifications and production processes on the same assembly lines as the parts originally installed on the vehicles. This means they fit perfectly every time. Heil® uses only the highest-quality materials for parts that last, therefore, OEM parts must be used to continue warranty coverage. Heil does not assume any liability for warranty considerations due to any improper use, operation beyond rated equipment/component capacity, substitution of parts that are not Heil-approved, or any alteration or repair by others in such a manner that affects the product operation or integrity. * 45 Do your warranties cover the expense of technicians’ travel time and mileage to perform warranty repairs? Although we do not cover the expense of travel time and mileage for warranty repairs, the Heil Warranty Request Order Form (referred to as the WRO Form) is used to request approval for policy adjustment of warranty coverage requesting unusual or non-standard repair(s) and exceptions such as these may be considered. * 46 Are there any geographic regions of the United States (and Canada, if applicable) for which you cannot provide a certified technician to perform warranty repairs? How will Sourcewell Members in these regions be provided service for warranty repair? Heil is fully prepared and uniquely capable of servicing ALL Sourcewell member geographic areas and market segments under this contract in the United States and Canada. The first level of service would be through the Authorized Heil Dealer network, and if required, the Field Service team within our Heil Technical Support Group. * 47 Will you cover warranty service for items made by other manufacturers that are part of your proposal, or are these warranties issues typically passed on to the original equipment manufacturer? Yes. Heil pays warrantable claims and then we work internally with our suppliers toward recovery where applicable. * 48 What are your proposed exchange and return programs and policies? OEM parts purchased from the Heil Dealer through Parts Central can sometimes be considered for return or exchange depending on certain criteria, such as being a current production part, and are evaluated on a case by case basis. Cylinders, when applicable, ship back to cylinder OEM for evaluation. Non-cylinder claims may require return to Heil and is determined through the warranty and repair process. * 49 Describe any service contract options for the items included in your proposal. Each dealer in our extensive network establishes the pricing for and manages service contracts on a localized basis for our customers based on their individual needs. * DocuSign Envelope ID: 5E3E625A-BC0B-40FE-963B-4136BCF1B278 DocuSign Envelope ID: 1BA1F6D8-D01E-48BF-BB8A-690BA532C766 Payment Terms and Financing Options Line Item Question Response * 50 What are your payment terms (e.g., net 10, net 30)? Heil’s payment terms are Net 30. * 51 Do you provide leasing or financing options, especially those options that schools and governmental entities may need to use in order to make certain acquisitions? Yes. Since March of 2017, Heil has been partnered with DLL Financial Solutions to offer value-added retail financing and leasing programs. With over 35 years of proven vendor finance experience, DLL provides flexible finance solutions to customers around the globe. They are a reliable name and fully support all Heil US and Canadian dealers. DLL does offer flexible tax- exempt equipment financing solutions as well as Tax-exempt Municipal Lease Purchase options for State and local governments, public school districts and public colleges and universities. In addition to this, Heil has a good working relationship with the team at National Cooperative Leasing and are very willing to work with them also. * 52 Briefly describe your proposed order process. Include enough detail to support your ability to report quarterly sales to Sourcewell as described in the Contract template. For example, indicate whether your dealer network is included in your response and whether each dealer (or some other entity) will process the Sourcewell Members’ purchase orders. All orders for Heil products will be handled by each Member’s local Heil Dealer, except for those sales territories where products are sold direct via our internal sales team. For those orders, the Member will work directly with the Heil Regional Manager for the territory who will handle the entire order process. From time to time the situation may arise where we can authorize another entity working in conjunction with our Heil dealer to offer the member a proposal using our contract. An example of this might be where a license is needed to sell a chassis in a certain location, but our Heil dealer is selling a turn key solution to the Sourcewell member. In this example, the purchase order might be issued to an entity not listed as a Heil dealer, but the Heil dealer is initiating the proposal to the Sourcewell member and providing the member with a simple, single purchase order solution. * The Heil website (www.heil.com) can be accessed 24 hours per day, seven days per week. The site offers an interactive listing of authorized Heil dealers Members can use to find their local Sourcewell dealer/representative, who they will call directly to answer questions or to place an order. The Heil representative responsible for the territory of a Sourcewell member will work directly with them to identify the member’s equipment needs. Once all equipment requirements have been determined, the representative will accept a PO directly from the Sourcewell member, complete all necessary paperwork, and place the member’s order with Heil. 53 Do you accept the P-card procurement and payment process? If so, is there any additional cost to Sourcewell Members for using this process? With all orders for Heil products being handled by the local Heil Dealer, payments are made directly to the respective dealer. Due to expense associated with fees related to a capital expense of this size, P-Card payments are not feasible. We believe this better serves the Sourcewell members in keeping costs lower. * Pricing and Delivery Provide detailed pricing information in the questions that follow below. Keep in mind that reasonable price and product adjustments can be made during the term of an awarded Contract as desribed in the RFP, the template Contract, and the Sourcewell Price and Product Change Request Form. Line Item Question Response * 54 Describe your pricing model (e.g., line-item discounts or product- cat materials (if applicable) in the document upload section of your resp Heil maintains individual MSRP Price Lists for each of our equipment product offerings and would use a “Percentage Discount from Catalog” model for pricing our products under this contract. For the 12,000 plus available parts offered, the pricing is also a “Percentage Discount” model. We have included copies of our MSRP equipment (See Appendix D) and parts pricing (See Appendix E for Heil Parts Pricing, Appendix F for Bayne Parts Pricing and Appendix G for Curotto Can Parts Pricing). Within the MSRP Price Guide, the Sourcewell member will find each product offered at various body sizes along with multiple options available to the member to meet their specific requirement. Due to the many options that are offered on both body and chassis and the electronic interactions that occur between the two units, we feel it prudent to involve our Dealer Representatives that are trained to know what will work together and what will not. Once the member has met with and defined a body and chassis specification that they desire, the Heil Dealer will provide them a quote that would contain the itemized list of the body with options and a total price. If the member wanted to verify that the quote was compliant to the contract, they would be able to compare the two documents to ensure they are not paying more than the 4% off MSRP. * DocuSign Envelope ID: 5E3E625A-BC0B-40FE-963B-4136BCF1B278 DocuSign Envelope ID: 1BA1F6D8-D01E-48BF-BB8A-690BA532C766 55 Quantify the pricing discount represented by the pricing proposal in this response. For example, if the pricing in your response represents a percentage discount from MSRP or list, state the percentage or percentage range. If awarded a contract, we would offer Sourcewell Members a discount of 4% off MSRP for all products and services which would represent the ceiling price a member would pay to a Heil Dealer although the exception to this would be the chassis. See Appendix A for Chassis Specs and Pricing. Note, this discount does not apply to equipment rentals through those various entities. The rental pricing submitted has already taken this discount. * 56 Describe any quantity or volume discounts or rebate programs that you offer. Although Heil does not offer volume rebate programs, since our pricing is a ceiling- based approach for the Sourcewell member, a specific opportunity consisting of a high volume of units would certainly be reviewed. * 57 Propose a method of facilitating “sourced” products or related services, which may be referred to as “open market” items or “nonstandard options”. For example, you may supply such items “at cost” or “at cost plus a percentage,” or you may supply a quote for each such request. In general, we do not source goods outside of our published price guides, so we are able to use the benefit of the Heil Dealer network to handle these nonstandard options that are requested by the members. The Sourcewell member will specify what product or service that is not included in our published price guides and we then review those items to ensure they have provided a line item quote to the member for each request. Similarly, the situation may arise where the member has a chassis specification that our turnkey solutions do not completely satisfy. In these situations, we will request a copy of the chassis specification desired and compare it to our standard specifications. We would consider these differences to be nonstandard options and would make sure that the difference in price would not exceed 10% of the total value of a turnkey package solution. Also, these non-standard options could include fuel delivery systems. For example, the installation of a LNG (Liquid Natural Gas) engine could be quoted by the Heil dealer, and as a non-standard option, the pricing should not exceed the 10% of the turnkey package threshold per option. It is feasible that a combination of expensive options such as a LNG fuel system and body scales could exceed the 10% sourced good threshold combined, but not individually. * 58 Identify any element of the total cost of acquisition that is NOT included in the pricing submitted with your response. This includes all additional charges associated with a purchase that are not directly identified as freight or shipping charges. For example, list costs for items like pre-delivery inspection, installation, set up, mandatory training, or initial inspection. Identify any parties that impose such costs and their relationship to the Proposer. Total Cost of Acquisition costs are included in the pricing we have submitted with this Proposal. Freight or shipping charges would be identified by line item as such on the quotation to the member from the associated Heil dealer as well as any member requested additions. * 59 If freight, delivery, or shipping is an additional cost to the Sourcewell Member, describe in detail the complete freight, shipping, and delivery program. Due to varying customer locations and shipping preferences, freight is an additional cost not included in the price guide submitted in Appendix D. Freight/delivery is included in the final pricing for every Sourcewell order. The current cost for Heil arranged shipping to the local Heil dealer, including Canada, is detailed in the “Heil Drive Away Price List” attachment submitted in Appendix H. * For destinations not falling within the continental United States, the units will be delivered to the port of exit via a Heil or customer arranged delivery service and shipped via barge or ocean-going vessel to the destination. 60 Specifically describe freight, shipping, and delivery terms or programs available for Alaska, Hawaii, Canada, or any offshore delivery. Shipments to Member Agencies in Alaska and Hawaii would be handled by the local Heil Dealer who is well-versed in economically coordinating these types of shipments. Shipping requirements vary by type of product, product dimensions, and weight. For example, a refuse collection vehicle can be driven to the port of export, then shipped via container to its port of destination, and then driven to the local dealer who would perform the necessary inspections and facilitate delivery to the customer. For all product orders shipping to Alaska or Hawaii, all costs for shipping would be calculated and quoted to the customer at time of order. Shipments to our Canadian Heil Dealers are included in the Heil Drive Away Price list in Appendix H. Returns are treated the same for Hawaii and Alaska as for the other 48 states. * 61 Describe any unique distribution and/or delivery methods or options offered in your proposal. Heil’s Network comprising 34, well trained, entrepreneurial Dealers at 60 locations around the U.S. and Canada, set Heil apart in size, personnel, experience and customer focus. This network coupled with Heil’s product innovation pipeline and factory support makes the Heil brand, sales and customer service channels unique to the refuse collection vehicle market. * DocuSign Envelope ID: 5E3E625A-BC0B-40FE-963B-4136BCF1B278 DocuSign Envelope ID: 1BA1F6D8-D01E-48BF-BB8A-690BA532C766 Pricing Offered Line Item The Pricing Offered in this Proposal is: * Comments 62 c. better than the Proposer typically offers to GPOs, cooperative procurement organizations, or state purchasing departments. Option C best describes the pricing that is offered in our proposal. Heil does not hold any other cooperative purchasing contracts, nor do we have a GSA account. Our product offerings are sold through our Heil Dealer network to the individual Sourcewell members. This proposal sets a ceiling price and therefore allows the dealer to work individually with the member to get them the best price possible. Audit and Administrative Fee Line Item Question Response * 63 Specifically describe any self-audit process or program that you plan to employ to verify compliance with your proposed Contract with Sourcewell. This process includes ensuring that Sourcewell Members obtain the proper pricing, that the Vendor reports all sales under the Contract each quarter, and that the Vendor remits the proper administrative fee to Sourcewell. Heil’s self-audit process for all Sourcewell transactions will begin as soon as an order is submitted. Orders will be reviewed immediately by multiple departments to ensure all necessary documents are submitted, and complete. Prior to submitting quarterly fees to Sourcewell, the final invoice to each Sourcewell member will be reviewed to make certain the Sourcewell fee amount is in alignment with the final invoice to the Sourcewell member. In addition to Heil’s Customer Care team retaining all documents submitted with the original order, Heil will retain a copy of the final customer invoice, other applicable documents and reports. * 64 Identify a proposed administrative fee that you will pay to Sourcewell for facilitating, managing, and promoting the Sourcewell Contract in the event that you are awarded a Contract. This fee is typically calculated as a percentage of Vendor’s sales under the Contract or as a per-unit fee; it is not a line-item addition to the Member’s cost of goods. (See the RFP and template Contract for additional details.) Heil proposes an administrative fee payable to Sourcewell of 1% of the purchase price on all products, including chassis. * Industry Specific Questions Line Item Question Response * 65 If you are awarded a contract, provide a few examples of internal metrics that will be tracked to measure whether you are having success with the contract. The internal metrics that we currently utilize to measure success are related to total units sold on the contract versus a goal. We set our goal each year based on our company annual operating plan, then we measure throughout the year to be sure we are staying on target or looking for ways to address areas where we are exceeding or missing our goal. We also track the number of units sold off the contract that are turnkey solutions versus non- turnkey solutions. * 66 If your proposal does not include the chassis as a turnkey solution, propose, in detail, the process you or your dealer will follow to assist the Sourcewell member to acquire the chassis. Heil does offer a full turnkey solution, but as noted in Question 57 regarding “sourced” products, the situation may arise where the member has a chassis specification that our turnkey solutions do not completely satisfy. In these situations, we will request a copy of the chassis specification desired and compare it to our standard specifications. We would consider these differences to be nonstandard options and would make sure that the difference in price would not exceed 10% of the total value of a turnkey package solution. Similarly, chassis OEMs generally make model changes in the middle of the year and some customers prefer the newer models. We would follow the same process of comparing the chassis specifications for the current year model versus the newest model and ensure that the difference in price would not exceed 10% of the total value of a turnkey package solution. * DocuSign Envelope ID: 5E3E625A-BC0B-40FE-963B-4136BCF1B278 DocuSign Envelope ID: 1BA1F6D8-D01E-48BF-BB8A-690BA532C766 67 Explain key designs or processes your company takes to provide and promote safe operation of your equipment. For many years, the Heil company has been an active participant in the development and maintenance of the ANSI Z245.1 – Mobile Equipment safety standard which governs our industry. The chairman of this committee is a Heil Director of Engineering, and ESG is a voting corporate member of the main ANSI council with many representatives across multiple ANSI standard subcommittees. All Heil designs are compliant with ANSI 245.1, and each design change is evaluated against this standard by way of our disciplined and documented engineering change process. However, ANSI is not the only standard with which Heil ensures compliance. The company is diligent to comply with all relevant standards that cover our products. This includes: FMVSS, SAE, ISO, and NFPA52 just to name a few. Safety is our first priority and is daily topic in our daily work and conversations, followed by quality and on-time delivery. Heil also has a long-standing and extensive training program to help our customers and their end-user customers understand the required safety and maintenance practices. This is supported by way of factory training, on-site training, and on-line video resources. Heil adheres to a high standard of business ethics and is a socially responsible company committed to the safe design, manufacture, operation and service of its innovative products. * 68 Explain how your equipment in this category reduces down-time for the purchasing entity. Front Loaders • Streetwise Hydraulics, the Heil® exclusive "clean front head," relocates the hydraulic body valve from the front head to under the side of the refuse body. This design reduces the influence of exhaust heat on the hydraulic components, as well as improving access to the valve bodies. This improves safety and reliability while reducing downtime. • The Cortex controller with Insight Display - the brain or our system - is a rugged mobile controller that delivers intelligence and precision. Utilizing a mobile controller and placing it in a protected location gives us the intelligence we need and the durability our customers demand. • The Heil® Half/Pack®front-load garbage truck with Odyssey™ hydraulic controls has interlocking cross-members and long-members that form a rock solid foundation for the body, delivering unmatched durability and longevity. This allows for more uptime, longer equipment life, and a higher resale value. A load-sensing piston pump controls hydraulic flow, intelligently delivering proper oil amounts as required. This increases efficiency, reduces fuel consumption, decreases hydraulic system temperatures, and contributes to low Total Cost of Ownership. • Equipped with an Insight Display, an in-cab display that provides real-time feedback, as well as optimal operator control. The operator can look to one place for all of the information needed on the body of the truck. Also, the Insight display offers maintenance personnel advanced troubleshooting features. This not only makes the operator more efficient but also reduces downtime and maintenance. • Heil® continues to set the standard for front loader refuse trucks with the evolution of innovative new features that enhance functionality. Our patented Shur-Lock™ tailgate locks, double- walled and lapped hopper sides, and an industry-leading interlaced ladder subfloor foundation mean that your Half/Pack® front loader is built for a long, reliable lifespan. • Zinc Plated tubes – The use of zinc plated tubes eliminates corrosion, therefore reducing hydraulic leaks and prevents the need to replace components over the life of the truck. This reduces maintenance and downtime costs. • Hydraulic Tube Covers – Protects the tubes and hoses on the arms from damage • Illuminated Push Button Controls – Fully sealed and potted, easy to read and understand push button controls for body and lighting functions reduce down time by increasing reliability Rear Loaders • The patented dual-track packing system is the heart of the PowerTrak® design. Other rear load garbage trucks move shoes or rollers along a single track during sweep and pack cycles. This requires the top cylinder to operate at a sharp angle of resistance, causing intense friction that robs power and speed and increases wear on shoes and tracks. The PowerTrak® Commercials' revolutionary dual-track system gives the top cylinder its own track, significantly reducing the angle of resistance. This reduces friction and increases cycle times because more pressure is exerted directly onto the load, giving you incredibly long life from the aluminum/bronze alloy slide shoes. • The DuraPack® 5000 features the Heil® DP body, the only fully welded, interlaced subframe in a refuse collection truck. With formed channels for extra strength, high tensile strength steel to maximize performance at a minimum weight, and full welding for superior resistance to corrosion and cracking, the DuraPack® 5000 is a sturdy rear loader with the stamina to absorb years of tough refuse hauling. In addition, the Cortex controllers with Insight Display – has been integrated into the electric system to reduce downtime. By utilizing this mobile controller and placing it in protected locations, the unit becomes more reliable and with more consistent interfaces with chassis electrical systems becomes easier to diagnose and keep on route. Side Loaders • The Python® side load arm features cushioned cylinders for action that’s smooth, saving wear and tear on the lift arm and the chassis. • The Heil® Operate-in-Gear-at-Idle System comes standard on the DuraPack® Python®. It is designed to reduce wear on the lift assembly, chassis, engine, and transmission. DocuSign Envelope ID: 5E3E625A-BC0B-40FE-963B-4136BCF1B278 DocuSign Envelope ID: 1BA1F6D8-D01E-48BF-BB8A-690BA532C766 • The DuraPack® Rapid Rail® automated sideloader also features Cortex with Insight Display. The "brain" of our system is a rugged mobile controller that provides the intelligence and precise control of our unit demands. Utilizing a mobile controller and placing it in a protected location gives us the intelligence we need and the durability our customers require. This allows for less downtime and ease of service. • The Heil® Liberty™ Automated Sideloader integrates our time-tested Continuous Pack body with the patented technology of the Python arm. The Continuous Pack body has been a customer favorite for more than 35 years. Our patented paddle packer design continuously sweeps the hopper, so there’s no need to stop and pack the load. And, because there’s no packer panel to slide into the body, the need for shoes, guide tracks, guide rails, and internal body parts is eliminated Multi-Compartment Vehicles • The DuraPack 4060 split-body rear loader utilizes a 40/60 two-compartment split body. Also, the DuraPack® 4060 features independent hydraulic systems enabling the pressure to be adjusted for each compartment based on the type of waste being collected CNG Capabilities • CNrG™ offers a lower profile, enabling CNG-equipped front load and side load garbage trucks to make height-sensitive routes previously closed to them. And its smart design makes it road- ready from day one and reduces the need for maintenance and the associated costs. The fully integrated CNrG™ lifts as a regular tailgate and simplifies maintenance and fueling infrastructure. The CNrG™ tailgate structure received rigorous stress analysis and testing, simulating 15 years of operation. Organics • The PT 1000® can be equipped with optional features which include: an extended hopper sill, a hopper drain with shut-off valve, extended tailgate seal, body access door seal, an extended body front head plate, and sumps. The one-piece body sidewall is easier to wash and maintain, resists rust and corrosion, and is competitively priced for adding organics collection to your fleet. • RAPIDRAIL®. Heil is now adding an Automated Organics Collection Side Load garbage truck to our unit portfolio. Rapid Rail has been specifically designed to meet the needs of organic waste collection. The Rapid Rail is equipped to be the optimal Automated Side Loader to collect organics in both the Residential and Commercial Market. The liquid-tight tailgate seal, floor mounted sealed bearing packer design, and now with optional reduced packer sweep functionality of the packer paddle make the Rapid Rail the high lift capacity, low compaction automated solution for organics collection. Available only in a dumping model to ensure optimal payload removal of the “solid organics” with an optional 3" hopper drain valve that will allow for liquid removal at specified locations. Parts Central • Heil® Certified OEM Parts are the most reliable replacement parts for Heil® refuse trucks. These parts are made following the exact specifications and production processes on the same assembly lines as the parts originally installed on the vehicles. This means they fit perfectly every time. Heil® uses only the highest-quality materials for parts that last. Parts Central also offers the most requested aftermarket parts for Heil and other makes of garbage truck bodies. Our aftermarket parts are designed and manufactured to strict standards and are backed by more than 100 years of industry experience. High-volume parts that are frequently requested are available for immediate, same-day delivery through your local Authorized Heil® Dealer. Orders for in-stock parts placed with Parts Central before 5 p.m. ET will be shipped overnight. Bayne Thinline Premium Lift Systems • Bayne's actuated lifters for mobile refuse applications feature the patented Thinline® rack and pinion rotary actuator for superior lifting capacity and outstanding reliability. These lifters, also known as cart tippers, are specifically designed to improve the efficiency of your refuse collection operation and minimize your fleet downtime. Third Eye • 3rd Eye has developed the industry leading back up truck camera systems designed to withstand shock and vibrations up to 10G, repel water intrusion, salt and handle extreme temperatures. Dealer Network Advantage • Our Heil Dealer Network comprises 60 locations to service customers. In addition to these dealer technicians, Heil also has 8 Field Service Technicians that are also available to service members if the need requires it. Support for our customers is a priority and we make it as * DocuSign Envelope ID: 5E3E625A-BC0B-40FE-963B-4136BCF1B278 DocuSign Envelope ID: 1BA1F6D8-D01E-48BF-BB8A-690BA532C766 easy as possible through our dealer locator on the Heil website, easy to access email for Heil Tech Support as well as the Heil Tech Support phone number. By utilizing the local Heil dealer network, we are able to have technicians in the vicinity to the member arrive on site quicker and further reduce the downtime. In the event that the asset must be brought into the dealership, the various locations throughout the country reduce the amount of miles that are needed to be towed to an authorized Heil dealer. 69 Describe how the equipment you propose simplifies the operation for end-users. One example is our patented Odyssey™ hydraulic control technology delivers waste industry- lea the links below of some of our customers explaining how our products simplify their operations: Environmental: viewable at https://vimeo.com/318776652 E.L Harvey: viewable at https://vimeo.com/292412920 JJ’s Waste and Recycling: viewable at https://vimeo.com/315331275 Another example is our DuraPack® Python® automated side loader. The DuraPack® Python® automated side load garbage truck combines two proven products in one high-performance package — the DuraPack® refuse body, which is famous for its toughness and productivity, and the patented Python® automated arm, which is faster, smoother, and longer lasting than any other. The DuraPack® Python® arm has an 8-second lift cycle. That can save you up to 4 seconds per stop – and up to 1 hour per day – delivering a fiscal savings of more than $15,000 per trash truck every year! You don’t have to wait for the hopper to catch up with a load, either, because the Python® follower panel enables continuous dumping. Twin packing cylinders deliver outstanding payloads, so you can collect more homes with fewer trips to the disposal site. The Python® side load arm features cushioned cylinders for action that’s smooth, saving wear and tear on the lift arm and the chassis. The Python® unique lift geometry also prevents spillage and enables the arm to return refuse carts with the lids closed every time. The Heil® Operate-in-Gear-at-Idle System comes standard on the DuraPack® Python®. It is designed to reduce wear on the lift assembly, chassis, engine, and transmission. Concerning our rearloading trucks, with over 20,000 built and nearly 30 years of reliability, the Heil® DuraPack® 5000 high-compaction rear load garbage truck has become the mainstay of refuse collection fleets. From small independent haulers to the world’s largest municipal fleet, you simply can't find a better rear load body. Engineered to last. The DuraPack® 5000 features the Heil® DP body, the only fully welded, interlaced subframe in a refuse collection truck. With formed channels for extra strength, high tensile strength steel to maximize performance at a minimum weight, and full welding for superior resistance to corrosion and cracking, the DuraPack® 5000 is a sturdy rear loader with the stamina to absorb years of tough refuse hauling. Now with the inclusion of the cortex controllers and insight display with integrated controls, the operator has more control and information at their fingertips. Heil’s new Semi-Autonomous optional control package allows for single button operation that will reduces operator inputs by 82% when dumping FEL containers. It also greatly reduces driver training time in some cases by 35% while increasing on route productivity of most drivers by up to 30%. * 70 Provide examples from your product offering that are unique in the industry. • The PowerTrak® Commercial PLUS high-compaction tag axle rear loader enables you to maximize productivity by carrying the largest legal refuse loads — up to 1,200 pounds per cubic yard! The Heil® patented design mounts the tag axle to the chassis frame rail, making it more structurally sound than refuse collection trucks with the tag axle integrated into the tailgate. • The MultiPack® is ideal for waste routes with “unlimited-at-the-curb” contracts. It’s also the perfect unit for those ugly “surprises” that unexpectedly end up next to a customer’s trash cart on collection day. Plus, while other garbage truck body manufacturers may offer multi-function trucks, only the Heil® MultiPack® is “totally functional” in both modes of operation because it can pick up a completely manual or automated route. • 3rd Eye Enhance Vehicle Behavioral Analytics (VBA™) encompasses the entire suite of camera, monitor, video, data, radar, and ELD solutions. This comprehensive package is offered ala carte to allow fleet owners to choose the systems that make sense for their current application with the built in upgrade path if and when it’s needed. 3rd Eye puts fleet owners in the driver’s seat with proven applications that help them to make better decisions to deliver the lowest total cost of ownership. 3rd Eye provides engineered body-system-sensor systems that provide real-time status and feedback for both chassis and body-related functions. Fleet owners know critical operational metrics, such as fuel consumption, operational temperatures and pressures – as well as when hydraulics are being utilized and the position of hydraulically operated body systems. This allows fleet owners to know when fuel is being used to move the vehicle vs. when the vehicle is using fuel to perform a body function [like compacting a load of garbage or lifting a man bucket]. Geo sensors allow fleet owners to know when assets are operating on road vs. off road. For the first time, fleet owners have the ability to request tax rebates for the Heavy Highway Use Tax, for fuel used during non-use fuel consumption. * • Heil’s new Semi-Autonomous optional control package allows for single button operation that will reduces operator inputs by 82% when dumping FEL containers. It also greatly reduces driver training time in some cases by 35% while increasing on route productivity of most drivers by up to 30%. DocuSign Envelope ID: 5E3E625A-BC0B-40FE-963B-4136BCF1B278 DocuSign Envelope ID: 1BA1F6D8-D01E-48BF-BB8A-690BA532C766 71 If an hybrid/electric chassis option is not a part of your product offering, provide information on when a hybrid/electric option may be part of your offering. While Heil is not a chassis manufacturer, we have proven that we have product offerings that can be utilized on fully electric chassis. This year (2019), Mack Trucks unveiled its Mack® LR battery electric vehicle (BEV) at Waste Expo with a Heil DURAPACK® 5000 Rear Loader. Please click the link below for more information: https://www.macktrucks.com/mack-news/2019/mack-trucks-unveils-fully-electric-mack-lr--refuse- demonstration-model/ * 72 Describe any safety innovations on your equipment that are either exclusive or that you have introduced into the marketplace. • The Heil Co. (“Heil”) was founded in 1901 and has been an industry leader and design innovator for decades in the solid waste industry. Heil product designs comply with all safety standards and regulations applicable to our industry, and we actively innovated to improve the protection of our entire value chain, from suppliers to our customers, their customers, and the at- large population that is proximate to our machines every single day. Heil has the widest product line in the industry, including front loaders, side loaders, and rear loaders with a variety of sizes and configurations to match a multitude of on-the-street collection applications. As just one example, the Heil Odyssey Automated Front Loader allows operators to keep their eyes facing forward because the work is in front of them – in the same direction the truck is moving. This design includes features like smooth coordinated lift cycles, multiple patents like the gravity latch used to ensure the arm lift arm is secure during a dump cycle, and a combination of safety interlocks that prevent unsafe movement. Furthermore, Heil is leading the way into the future of automation by enhancing designs with smart sensors and features which relieve some of the in-cab motion stress that operators feel on a daily basis. It may be as simple as an ergonomic arm rest and multi-function joystick, or as complex as motion control design iterations that result in the lowest cab shake possible. Through a rigorous Voice of Customer program, Heil makes active outreach efforts to listens to its customers and innovates to continuously improve the safety and ergonomics of our equipment. * • The 3rd Eye family of Integrated Collision Avoidance Radar Systems offer cutting-edge solutions to protect both your drivers, your assets, and those in close proximity to your vehicle. 3rd Eye Vehicle Radar Systems assist drivers by notifying them of other vehicles as well as obstacles they may not see. Vehicles operating 3rd Eye radar systems routinely report fewer accidents and near misses and, combined with 3rd Eye camera systems – provide an added level of safety and protection that adds peace of mind – as well as providing documentary evidence to protect companies from false claims of property damage or injury. 3rd Eye collision avoidance radar systems utilize your existing 3rd Eye Mobile camera cables for easy installation. Exceptions to Terms, Conditions, or Specifications Form Only those Proposer Exceptions to Terms, Conditions, or Specifications that have been accepted by Sourcewell have been incorporated into the contract text. Documents Ensure your submission document(s) conforms to the following: 1. Documents in PDF format are preferred. Documents in Word, Excel, or compatible formats may also be provided. 2. Documents should NOT have a security password, as Sourcewell may not be able to open the file. It is your sole responsibility to ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by Sourcewell. 3. Sourcewell may reject any response where any document(s) cannot be opened and viewed by Sourcewell. 4. If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the zipped file contains more than one (1) document, ensure each document is named, in relation to the submission format item responding to. For example, if responding to the Marketing Plan category save the document as “Marketing Plan.” Financial Strength and Stability - Appendix B - 2018 Dover Annual Report.pdf - Thursday September 05, 2019 10:23:51 Marketing Plan/Samples - Appendix - Marketing samples.zip - Friday September 06, 2019 14:21:37 WMBE/MBE/SBE or Related Certificates (optional) Warranty Information (optional) Pricing - Appendix - Price lists.zip - Monday September 09, 2019 10:55:49 Additional Document - Chassis Specifications.zip - Friday September 06, 2019 14:24:44 DocuSign Envelope ID: 5E3E625A-BC0B-40FE-963B-4136BCF1B278 Proposal Opening Record Date of opening: September 12, 2019 Sourcewell posted Request for Proposal #091219, for the procurement of Mobile Refuse Collection Vehicles with Related Equipment, Accessories, and Services, on the Sourcewell Procurement Portal [proportal.sourcewell-mn.gov] on Thursday, July 11, 2019, and the solicitation remained in an open status within the portal until September 12, 2019, at 4:30 pm CT. The RFP required that all proposals be submitted through the Sourcewell Procurement Portal no later than 4:30 pm CT on September 12, 2019, the date and time specified in the Solicitation Schedule. The undersigned certify that all responses received on Request for Proposal #091219 were submitted through the Sourcewell Procurement Portal, and that each Proposer’s response material was digitally sealed upon submission and remained inaccessible until the due date and time specified in the Solicitation Schedule. Responses were received from the following: Amrep Manufacturing, LLC. - received 9/12/19 at 10:36:39 AM Curbtender, Inc. - received 9/12/19 at 4:25:15 PM Hol-Mac Corporation - received 8/29/19 at 10:53:03 AM Labrie Enviroquip Group - received 9/10/19 at 2:40:37 PM McNeilus Financial, Inc. - received 9/12/19 at 3:41:33 PM Par-Kan Company, LLC - received 9/12/19 at 10:01:07 AM Scranton Manufacturing Co. Inc. - received 9/12/19 at 4:03:12 PM The Heil Co. - received 9/11/19 at 9:59:56 AM Universal Handling Equipment Company Ltd. - received 9/12/19 at 3:12:15 PM The Proposals were opened electronically, and a list of all Proposers was made publicly available in the Sourcewell Procurement Portal, on September 12, 2019, at 4:32:00 PM CT. All responsive proposals were then submitted for review by the Sourcewell Evaluation Committee. _________________________________ ________________________________ Kim Austin, Procurement Lead Analyst Brandon Town, Procurement Analyst DocuSign Envelope ID: 2851C9BA-1654-40E5-8240-7B108262A428 Opportunity Notice Mobile Refuse Collection Vehicles with Related Equipment, Accessories, and Services Opportunity Information Organization:Alberta Association of Municipal Districts and Counties Organization Address: Reference Number:AB-2019-04358 Solicitation Number: AB-2019-04358 Solicitation Type:Request for Proposal Posting (MM/dd/yyyy):07/11/2019 03:30:00 PM Alberta Time Closing (MM/dd/yyyy):09/12/2019 03:30:59 PM Alberta Time Last Update (MM/dd/yyyy): 07/11/2019 03:01:31 PM Alberta Time Agreement Type:NWPTA/TILMA & CFTA & CETA Region of Opportunity:Open Region of Delivery:Alberta Opportunity Type:Open & Competitive Commodity Codes: N4540A: Garbage Disposal Units N4540: Waste Disposal Equipment N2320DJA: Truck, Refuse Collection, Diesel, to 27,499 GVWR N2320GJ: Truck, Refuse Collection, Gasoline Powered N2320DJB: Truck, Refuse Collection, diesel, 27,500 GVWR and Up Category: Goods This opportunity is now closed. APC "Opportunity Notices" This notice is provided for information purposes only. Refer to the "Opportunity Documents" in the bid package for authoritative information. All queries pertaining to the language, content or any missing or inaccurate information within this abstract must be sent to its originator of the abstract, as specified in the opportunity notice. © APC - All rights reserved. No part of the information contained in this Web Site may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without the prior written permission of the Manager, Centre of Expertise via: SA.APCRequests@gov.ab.ca. Her Majesty the Queen in right of Alberta and the Alberta public sector entities that use APC are not responsible or liable for the accuracy of the information contained in the publication. It is the responsibility of interested parties to review the opportunity posting for changes or updates prior to the opportunity closing date/time. Page 1 of 1Opportunity Preview 11/14/2019http://vendor.purchasingconnection.ca/Opportunity.aspx?Guid=864027BF-9B97-477B-A... 6 C ❚THURSDAY, JULY 11, 2019 ❚USA TODAY E2 SPORTS SPORTS ON TV Times p.m. Eastern unless noted. Check local listings. AUTO RACING:NASCAR Gander Outdoors Truck Se- ries: qualifying (FS1, 4); NASCAR Gander Outdoors Truck Series: The Buckle Up in Your Truck 225 (FS1, 7:30); CYCLING:Tour de France: Stage 6, 98 miles, Mulhouse to La Planche des Belles Filles, France (NBCSN, 7:30 a.m.) GOLF:European Tour Golf: The Scottish Open, first round (Golf, 5:30 a.m.); European Tour Golf: The Scot- tish Open, first round (Golf, 9:30 a.m.); PGA Tour Champions Golf: Senior Players Championship, first round (Golf, 1:30); PGA Tour Golf: The John Deere Classic, first round (Golf, 4); LPGA Tour Golf: The Mar- athon Classic, first round (Golf, 7:30) HIGH SCHOOL BASEBALL: GEICO City Series: Teams TBD, third-place game (ESPNU, 3); GEICO City Series: Teams TBD, championship game (ESPNU, 6) MIXED MARTIAL ARTS:Professional Fighters League: women’s lightweights and men’s welterweights (ESPN2, 8:30) MLB:Houston at Texas (ESPN, 8) NBA:Summer League: Toronto vs. Indiana (NBA, 6); Summer League: Washington vs. Atlanta (ESPN2, 6:30); Summer League: Portland vs. Oklahoma City (NBA, 8); Summer League: Houston vs. Utah (ESPNU, 8:30); Summer League: Sacramento vs. LA Clippers (NBA, 10); Summer League: Memphis vs. Boston (ESPN2, 10:30) TENNIS: Wimbledon: E. Svitolina vs. S. Halep and S. Williams vs. B. Strýcová, Ladies’ Semifinals (ESPN, 8 a.m.) FOR THE RECORD All times ET MLB East Division W L Pct GBNew York 57 31 .648 —Tampa Bay 52 39 .571 61⁄2Boston4941.544 9Toronto3457.374 241⁄2Baltimore2762.303 301⁄2 Central Division W L Pct GBMinnesota5633.629 —Cleveland 50 38 .568 51⁄2Chicago4244.488 121⁄2Kansas City 30 61 .330 27Detroit2857.329 26 West Division W L Pct GBHouston5733.633 —Oakland 50 41 .549 71⁄2Texas4842.533 9Los Angeles 45 46 .495 121⁄2Seattle3955.415 20 Tuesday American League 4, National League 3Wednesday No games scheduledThursday Houston at Texas, 8:05 p.m.National LeagueEast Division W L Pct GBAtlanta5437.593 —Washington 47 42 .528 6Philadelphia4743.522 61⁄2New York 40 50 .444 131⁄2Miami3355.375 191⁄2 Central Division W L Pct GBChicago4743.522 —Milwaukee 47 44 .516 1⁄2St. Louis 44 44 .500 2Pittsburgh4445.494 21⁄2Cincinnati4146.471 41⁄2 West Division W L Pct GBLos Angeles 60 32 .652 —Arizona 46 45 .505 131⁄2San Diego 45 45 .500 14Colorado4445.494 141⁄2San Francisco 41 48 .461 171⁄2 Tuesday American League 4, National League 3Wednesday No games scheduledThursday No games scheduledTuesdayAmerican League 4, NationalLeague 3 NL AB R H BI BB SO Avg. Yelich lf 2 0 0 0 0 1 .000 Bryant lf 1 0 0 0 0 1 .000 McNeil lf 1 0 0 0 0 0 .000 Baez ss 2 0 0 0 0 1 .000 Story ss 1 0 0 0 0 1 .000 DeJong ss 0 0 0 0 1 0 .258 Freeman 1b 1 0 0 0 1 1 .000 Blackmon rf 2 1 1 1 0 1 .500 Bellinger rf 2 0 0 0 0 2 .000 Alonso 1b 2 0 1 2 0 1 .500 Arenado 3b 2 0 0 0 0 0 .000 Moustakas 3b 2 0 0 0 0 0 .000 Bell dh 2 0 1 0 0 0 .500 d-Realmuto ph-dh 2 0 0 0 0 1 .000 Contreras c 2 0 0 0 0 1 .000 Muncy 2b 2 0 0 0 0 1 .000 Marte 2b 2 0 1 0 0 1 .500 Grandal c 1 1 0 0 1 1 .000 Acuna Jr. cf 2 0 0 0 0 2 .000 Dahl cf 1 1 1 0 0 0 1.000Totals32353316 AL AB R H BI BB SO Avg. Springer rf 2 0 1 0 0 1 .500 a-Lindor ph-ss 2 0 0 0 0 1 .000 LeMahieu 2b 2 0 0 0 0 0 .000 b-Torres ph-2b 2 0 1 0 0 1 .500 Trout cf 2 0 0 0 0 0 .000 Merrifield cf 2 0 0 0 0 1 .000 Santana 1b 3 0 0 0 0 1 .000 Abreu 1b 1 0 0 0 0 0 .000 Martinez dh 2 0 0 0 0 1 .000 c-Vogelbachph-dh 1 0 0 0 0 0 .000 Bregman 3b 2 1 1 0 0 0 .500 M.Chapman 3b 0 1 0 0 1 0 .265 Sanchez c 2 1 1 0 0 0 .500 McCann c 1 0 1 0 0 0 1.000Brantley lf 1 0 1 1 0 0 1.000Meadows lf-rf 1 0 0 0 0 0 .000 e-Bogaerts ph 1 0 0 0 0 0 .000 Betts rf 0 0 0 0 0 0 .272 Polanco ss 2 0 1 1 0 1 .500 Gallo lf 1 1 1 1 0 0 1.000Totals3048317 NL 000 001 020 —3 5 0 AL 010 010 20x —4 8 0 a-struck out for Springer in the 5th. b-struckout for LeMahieu in the 5th. c-flied out forMartinez in the 6th. d-popped out for Bell inthe 7th. e-grounded out for Meadows in the7th.LOB—NL 5, AL 3. 2B—Marte, Sanchez, Brantley.HR—Blackmon, off Hendriks; Gallo, off Smith.RBIs—Alonso 2, Blackmon, Brantley, Polanco,Gallo. SB—Alonso, DeJong.Runners left in scoring position—NL 4 (Baez,Bell, Moustakas 2); AL 2 (Santana, Polanco).RISP—NL 1 for 8; AL 1 for 6.Runners moved up—Arenado, LeMahieu,Trout, Meadows, Bogaerts. GIDP—Abreu, Bo-gaerts.DP—NL 2 (DeJong, Muncy, Alonso), (DeJong,Muncy, Alonso). NL IP H R ER BB SO NP ERA Ryu 1 1 0 0 0 0 12 0.00 Kershaw, L 1 2 1 1 0 1 16 9.00 deGrom 1 0 0 0 0 1 7 0.00 Castillo 1 0 0 0 0 2 15 0.00 Buehler 1 2 1 1 0 2 19 9.00 Soroka 1 0 0 0 0 0 10 0.00 Woodruff 2⁄3 1 1 1 1 0 12 13.50 Smith 1⁄3 1 1 1 0 0 3 27.00 Alcantara 1 1 0 0 0 1 10 0.00 AL IP H R ER BB SO NP ERA Verlander 1 0 0 0 0 2 14 0.00 Tanaka, W 1 1 0 0 0 1 17 0.00 Berrios, H, 0 1 1 0 0 0 2 13 0.00 Giolito, H, 0 1 0 0 0 1 1 13 0.00 Bieber, H, 0 1 0 0 0 0 3 19 0.00 Hendriks, H, 7 1 1 1 1 0 3 19 9.00 Greene, H, 0 1 0 0 0 0 0 12 0.00 Hand, H, 0 1 2 2 2 2 1 33 18.00 A.Chapman, S 1 0 0 0 0 3 12 0.00 Umpires—Home, Mark Wegner; First, BrianO’Nora; Second, Phil Cuzzi; Third, Tim Tim-mons; Right, Jordan Baker; Left, D.J. Reyburn.T—2:48. A—36,747 (35,225). TOUR DE FRANCE WednesdayColmar, FranceFifth Stage A 175.5-kilometer (109-mile) hilly ride nearthe German border from Saint-Dié-des-Vosges to Colmar, with a pair of Category 2climbs sandwiched by a pair of Category 3s.1. Peter Sagan, Slovakia, Bora-Hansgrohe,4:02:33.2. Wout Van Aert, Belgium, Jumbo-Visma,same time.3. Matteo Trentin, Italy, Mitchelton-Scott,same time.4. Sonny Colbrelli, Italy, Bahrain-Merida,same time.5. Greg Van Avermaet, Belgium, CCC, sametime.6. Julien Simon, France, Cofidis, same time.7. Michael Matthews, Australia, Sunweb, sametime.8. Nils Politt, Germany, Katusha Alpecin, sametime.9. Jasper Stuyven, Belgium, Trek-Segafredo,same time.10. Julian Alaphilippe, France, Deceuninck-QuickStep, same time.11. Xandro Meurisse, Belgium, Wanty-Gobert,same time.12. Edvald Boasson Hagen, Norway, Dimen-sion Data, same time.13. Alberto Bettiol, Italy, EF Education First,same time.14. Guillaume Martin, France, Wanty-Gobert,same time. 15. Alexey Lutsenko, Kazakhstan, Astana,same time.16. Omar Fraile, Spain, Astana, same time.17. Fabio Felline, Italy, Trek-Segafredo, sametime.18. David Gaudu, France, Groupama-FDJ,same time.19. Warren Barguil, France, Arkea-Samsic,same time.20. Daryl Impey, South Africa, Mitchelton-Scott, same time.Overall Standings(After five stages)1. Julian Alaphilippe, France, Deceuninck-QuickStep, 18:44:12.2. Wout Van Aert, Belgium, Jumbo-Visma, :14.3. Steven Kruijswijk, Netherlands, Jumbo-Vis-ma, :25.4. George Bennett, New Zealand, Jumbo-Vis-ma, same time.5. Michael Matthews, Australia, Sunweb, :40.6. Egan Bernal, Colombia, Ineos, same time.7. Geraint Thomas, Britain, Ineos, :45.8. Enric Mas, Spain, Deceuninck-QuickStep,:46.9. Peter Sagan, Slovakia, Bora-Hansgrohe,:50.10. Greg Van Avermaet, Belgium, CCC, :51.11. Michael Woods, Canada, EF EducationFirst, same time.12. Wilco Kelderman, Netherlands, Sunweb,same time.13. Thibaut Pinot, France, Groupama-FDJ, :52.14. Rigoberto Urán, Colombia, EF EducationFirst, :53.15. Tejay Van Garderen, United States, EF Edu-cation First, same time.16. Sonny Colbrelli, Italy, Bahrain-Merida, :56.17. Matteo Trentin, Italy, Mitchelton-Scott, :57.18. David Gaudu, France, Groupama-FDJ,same time.19. Rudy Molard, France, Groupama-FDJ,same time.20. Nicolas Roche, Ireland, Sunweb, 1:00. SOCCER National Women’s Soccer LeagueW L T Pts GF GA Reign FC 5 1 5 20 12 9 North Carolina 5 2 4 19 24 12 Portland 5 2 4 19 19 13 Washington 5 3 3 18 17 11 Utah 5 3 2 17 8 7 Chicago 4 5 2 14 17 18 Houston 3 4 4 13 13 18 Orlando 2 8 2 8 12 27 Sky Blue FC 1 7 2 5 8 15 FridayUtah at Sky Blue FC, 7:30 p.m.SaturdayReign FC at North Carolina, 7 p.m.Chicago at Houston, 8:30 p.m.SundayOrlando at Portland, 3 p.m.MLSEASTERN CONFERENCE W L T Pts GF GAPhiladelphia1056363928D.C. United 8 5 7 31 25 21Atlanta973302723Montreal993302634NY City FC 7 2 8 29 30 20New York 8 7 4 28 33 27Toronto FC 6 8 5 23 30 33New England 6 8 5 23 22 36Orlando City 6 9 4 22 27 27Chicago587223129Columbus5132171730Cincinnati4132141844 WESTERN CONFERENCEWLTPts GF GALos Angeles 13 2 4 43 50 16LA Galaxy 11 7 1 34 26 22Seattle955322925Minnesota 9 7 3 30 36 29FC Dallas 8 7 5 29 29 25San Jose 8 7 4 28 30 30Houston873272825Real Salt Lake 8 9 2 26 25 29Portland782232628Sporting KC 5 7 7 22 29 34Vancouver488202231Colorado5104192938 Friday New England at D.C. United, 7 p.m.Los Angeles FC at Houston, 9 p.m.San Jose at LA Galaxy, 11 p.m. WNBA EASTERN CONFERENCEWL Pct GBWashington95.643 —Connecticut 9 6 .600 1⁄2Chicago77.500 2New York 7 8 .467 21⁄2Indiana610.375 4Atlanta410.286 5 WESTERN CONFERENCEWL Pct GBLas Vegas 10 5 .667 —Minnesota 8 6 .571 11⁄2Phoenix76.538 2Los Angeles 7 7 .500 21⁄2Seattle88.500 21⁄2Dallas59.357 41⁄2 Tuesday Dallas 74, Los Angeles 62Wednesday Atlanta 78, Connecticut 75Phoenix 91, Washington 68Las Vegas 74, Indiana 71Minnesota at Chicago, lateFriday Los Angeles at Indiana, 7 p.m.Minnesota at Atlanta, 7:30 p.m.Phoenix at Connecticut, 8 p.m.New York at Chicago, 8 p.m.Dallas at Seattle, 10 p.m. TENNIS Wimbledon Results LONDON – Results Wednesday from Wimble-don at The All England Lawn Tennis & CroquetClub (seedings in parentheses):Men’s Singles Quarterfinals Novak Djokovic (1), Serbia, def. David Goffin(21), Belgium, 6-4, 6-0, 6-2.Roberto Bautista Agut (23), Spain, def. GuidoPella (26), Argentina, 7-5, 6-4, 3-6, 6-3.Rafael Nadal (3), Spain, def. Sam Querrey,United States, 7-5, 6-2, 6-2.Roger Federer (2), Switzerland, def. Kei Nishi-kori (8), Japan, 4-6, 6-1, 6-4, 6-4.Men’s Doubles Quarterfinals Raven Klaasen, South Africa, and MichaelVenus (3), New Zealand, def. Henri Kontinen,Finland, and John Peers (8), Australia, 4-6,6-3, 6-7 (5), 6-4, 6-3.Women’s Doubles Third Round Danielle Collins and Bethanie Mattek-Sands ,United States, def. Victoria Azarenka, Belarus,and Ash Barty (10), Australia, walkover.Quarterfinal Hsieh Su-wei, Taiwan, and Barbora Strycova(3), Czech Republic, def. Elise Mertens, Bel-gium, and Aryna Sabalenka (6), Belarus, 6-4,6-2.Gabriela Dabrowski, Canada, and Xu Yifan (4),China, def. Bethanie Mattek-Sands and Dan-ielle Collins, United States, 6-1, 6-3.Barbora Krejcikova and Katerina Siniakova(2), Czech Republic, def. Anna-Lena Groene-feld, Germany, and Demi Schuurs (8), Nether-lands, 6-2, 7-6 (1).Mixed Doubles Third Round Bruno Soares, Brazil, and Nicole Melichar (1),United States, def. Andy Murray, Britain, andSerena Williams, United States, 6-3, 4-6, 6-2.Matwe Middelkoop, Netherlands, and YangZhaoxuan, China, def. Marcus Daniell, NewZealand, and Jennifer Brady, United States,6-2, 6-7 (5), 6-4.Wesley Koolhof, Netherlands, and KvetaPeschke (5), Czech Republic, def. Aisam-ul-Haq Qureshi, Pakistan, and Nadiia Kichenok,Ukraine, 7-6 (5), 6-4.Artem Sitak, New Zealand, and Laura Siege-mund, Germany, def. Mate Pavic, Croatia, andGabriela Dabrowski (3), Canada, 5-7, 7-6 (5),13-12 (5).Ivan Dodig, Croatia, and Latisha Chan (8), Tai-wan, def. Edouard Roger-Vasselin, France,and Andreja Klepac (11), Slovenia, 2-6, 6-3,6-4. AUTO RACING NASCAR Monster Energy CupPoints Leaders1. Joey Logano, 700 2. Kyle Busch, 682 3. Kevin Harvick, 625 4. Brad Keselowski, 613 5. Martin Truex Jr., 597 6. Denny Hamlin, 588 7. Chase Elliott, 585 8. Kurt Busch, 564 9. Alex Bowman, 534 10. Aric Almirola, 512 11. Ryan Blaney, 508 12. William Byron, 498 13. Jimmie Johnson, 474 14. Kyle Larson, 473 15. Clint Bowyer, 444 16. Ryan Newman, 443 17. Daniel Suarez, 440 18. Erik Jones, 430 19. Ricky Stenhouse Jr., 39820. Paul Menard, 390 IndyCar Points LeadersThrough June 231. Josef Newgarden, 4022. Alexander Rossi, 3953. Simon Pagenaud, 3414. Scott Dixon, 3085. Takuma Sato, 2926. Will Power, 2947. Ryan Hunter-Reay, 2718. Graham Rahal, 2449. James Hinchcliffe, 21610. Felix Rosenqvist, 20911. Sebastien Bourdais, 208 12. Santino Ferrucci, 20413. Spencer Pigot, 19414. Colton Herta, 18315. Marcus Ericsson, 18316. Marco Andretti, 17417. Tony Kanaan, 15618. Zach Veach, 15319. Ed Jones, 15220. Matheus Leist, 145 DEALS BASEBALL American LeagueHOUSTON ASTROS — Sent RHP Joe Smith toCorpus Christi (PCL) for a rehab assignment.OAKLAND ATHLETICS — Sent RHP Jharel Cot-ton to Stockton (Cal) for a rehab assignment.SEATTLE MARINERS — Signed RHPs MichaelLimoncelli, Anthony Tomczak and Dutch Lan-dis to minor league contracts.National LeagueCINCINNATI REDS — Optioned INF/OF JoshVanMeter to Louisville (IL).LOS ANGELES DODGERS — Optioned 1B MattBeaty to Oklahoma City (PCL). Reinstated SSCorey Seager from the 10-day IL.ST. LOUIS CARDINALS — Signed OF TommyJew to a minor league contract. Advertise in USA TODAY! (800) 397-0070 sales@russelljohns.com SET YOUR APART. Advertise with USA TODAY! 800-397-0070 BRAND To view more Classified listings, visit: www.classifieds.usatoday.com BUSINESS OPPORTUNITIES MARKETPLACE MARKETPLACE MARKETPLACE LOOKING FOR A NEW OPPORTUNITY? We need former biz owners, former executives or professionals adding on to their practices. 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Need Help! Ron Howard doing movie “PARADISE” Know him, Ellen or Oprah Tell them we’re here! Text me your email, and I’ll send you to a website! 970-388-6117 BOOKS/PUBLICATIONS STUDY THE BIBLE For FREE 8-lesson course Church of Christ, Box 8453, Falls Church, VA 22041 888-949-2176 www.gracewords.org BUSINESS SERVICES Custom Lifesize Statues! Secular, Sports, Religious, ETC. DeliveryIn120Days! PricesStartAt$8,500 www.CaveCo.us caveco33@aol.com Call CAVEMAN 1-800-989-CAVE (2283) REAL ESTATE RANCHES/FARM 877-475-6141 www.TheDiamondB.com The Interlocal Purchasing System (TIPS)posted procurement solicitations at www.tips-usa.com for the following categories: 190701 Web Hosting, Services or Content Management 190702 Temporary Flood Barriers 190703 Video and Audio Equipment, Presentation Systems, Production and other Services Proposals are due and will be opened on August 16, 2019, at 3:00 pm local time. Awards are tentatively scheduled for September 26, 2019 by the Region 8 ESC Board, 4845 US Highway 271 North, Pittsburg, Texas 75686. Call 866-839-8477 for problems with website or questions. NOTICES PUBLIC NOTICE LEGAL NOTICE Sourcewell, a State of Minnesota local government agency and service cooperative, is requesting proposals for Mobile Refuse Collection Vehicles with Related Equipment, Accessories, and Services to result in a national contracting solution for use by its members. Sourcewell members include thousands of governmental, higher education, K-12 education, not-for-profit, tribal government, and other public agencies located in the United States and Canada. A full copy of the Request for Proposals can be found on the Sourcewell Procurement Portal https://proportal.sourcewell-mn.gov. Only proposals submitted through the Sourcewell Procurement Portal will be considered. Proposals are due no later than September 12, 2019, at 4:30 p.m. CentralTime, and late proposals will not be considered. BUSINESS BANK SERVICES 15 Year Old Subprime Auto Lender Looking to Replace Senior Bank Lenders $25 Million Line of Credit Call and/or Text 706-414-6194 ATTN: MEDICARE RECIPIENTS Do you have chronic Knee or Back Pain? You may qualify for a FREE Knee or Back Brace. Call NOW! For a safe, drug free remedy. Get a pain-relieving back or knee brace at little or no cost to you. National Knee & Back Brace Center! 800-745-1594 HEALTH / FITNESS HEALTH / FITNESS AIRLINE TICKETS TRAVEL IN SEARCH OF IN SEARCH OF YOU MUST CALL US NOW: 800-804-8248 INVOKANA MEDICATION WARNING ATTENTION THIS IS AN IMPORTANT MESSAGE FOR ANYONE THAT HAS TAKEN THE PRESCRIPTION MEDICATION INVOKANA, INVOKOMED OR INVOKOMED XR FOR THEIR DIABETES. IN MAY 2017, BASED ON THE FACTS OF TWO CLINICAL TRIALS, THE FDA ISSUED A HEALTH ADVISORY WARNING THAT THESE DIABETES MEDICATIONS INCREASE THE RISK OF AMPUTATION OF THE LEGS AND TOES. IFYOU ORYOUR LOVED ONE HAVE TAKEN THE PRESCRIPTION MEDICATION INVOKANA, INVOKOMED OR INVOKOMED XR FORYOUR DIABETES. Attention Diabetics! NO More Finger Pricking GetYour New GCM Devices Covered by Medicare (must test/inject 4+ x a day) 855-629-5927 AUTO AUTO SERVICES Special Alert to Auto Owners Does your vehicle have less than 200,000 miles, with an auto warranty about to expire or no war- ranty coverage at all? You can pay NOTHING for repairs, as well as receive free towing, free car rental and free roadside assistance Call now for a free quote! 800-339-8193 FINANCIAL DROWNING IN CREDIT CARD DEBT? Struggling to make minimum payments Owe $10,000 or more? Call for our debt reset program! CALL TODAY: 800-478-7009 New Tax Laws! Pay Lower Taxes! *Guaranteed if you qualify Owe 10k+ to the IRS? Got Unfiled Returns? Call The Tax Doctor 800-847-9607 To advertise, call:1-800-397-0070 In Re: Flipdaddy’s, LLC Case No. 1:18-14408 United States Bankruptcy Court, Southern District of Ohio Western Division NOTICE OF ENTRY OF ORDER APPROVING THE DISCLOSURE STATEMENT OF FLIPDADDY’S, LCC ON JUNE 26, 2019 INCLUDING RIGHTS OFFERING PROCEDURES AND RELATED MATERIALS. (Doc. No. 130) (“THE OFFER”) The Offer and Rights Offering includes the ability of any current member or the general public to acquire a new membership interest in exchange for any previously issued membership interests or for any individual or entity to acquire what would be a pro rata share and voting interest of up to twenty five percent (25%) of the newly issued membership interests in Flipdaddy’s, LLC, the Reorganized Debtor. The Offer is subject to the Procedures set forth in the Rights Offering, Related Letter of Transmittal, together with any amendments, supplements and additional materials making up the Rights Offering Materials. Neither the Securities and Exchange Commission nor any State Securities Commission has approved or disapproved of the Membership Interests to be issued as consideration for the Offer or passed on the adequacy of accuracy of the materials and information underlying the Offer and the Disclosure Statement. If you have further interest and wish to acquire further information, please contact: Steven L. Diller Diller & Rice, LLC 124 E. Main Street, Van Wert, Ohio 45891 Telephone: (419) 238-5025 Facsimile: (419) 238-4705 e-mail: steven@drlawllc.com 800-509-1635 FORECLOSURE DEFENSE HELPLINE AREYOU BEHIND ONYOUR MORTGAGE PAYMENTS? COULDYOUR HOUSE GO INTO FORECLOSURE? DOES IT SEEM LIKE THE BANK HAS NO INTEREST IN HELPINGYOU SAVEYOUR HOME ANDYOU FEEL LIKEYOU HAVE NOWHERE TO TURN? 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Call 24/7 to talk. 800-430-4149 Airline Tickets Deep Discounts Domestic – International – First Class Save up to 75% off Retail Prices Call 24/7 and Save 800-448-0828 Get Out ofYour Timeshare Contract Permanently 800-955-0426 Stop the Payments and Maintenance Fees Guaranteed / No More Timeshare Payments NOTICES PUBLIC NOTICE ALYSSA GILES MISSING From:Lakeland, FL 1-800-THE-LOST Sex:Female Race:White Hair: Auburn Eyes:Hazel DOB: May 26, 2001 Missing: Sep 16, 2018 Age Now:18 NATIONAL CENTER FOR MISSING & EXPLOITED CHILDREN Successful Advertisements start with USA TODAY Classifieds 1-800-397-0070 ŵƌĞƉDĂŶƵĨĂĐƚƵƌŝŶŐ͕>>͘ ƵƌďƚĞŶĚĞƌ͕/ŶĐ͘ ,ŽůͲDĂĐŽƌƉŽƌĂƚŝŽŶ >ĂďƌŝĞŶǀŝƌŽƋƵŝƉ'ƌŽƵƉ DĐEĞŝůƵƐ&ŝŶĂŶĐŝĂů͕/ŶĐ͘ WĂƌͲ<ĂŶŽŵƉĂŶLJ͕>> ^ĐƌĂŶƚŽŶDĂŶƵĨĂĐƚƵƌŝŶŐŽ͘ /ŶĐ͘ dŚĞ,ĞŝůŽ͘ hŶŝǀĞƌƐĂů,ĂŶĚůŝŶŐ ƋƵŝƉŵĞŶƚŽŵƉĂŶLJ>ƚĚ͘ WŽƐƐŝďůĞWŽŝŶƚƐ ŽŶĨŽƌŵĂŶĐĞƚŽdĞƌŵƐͬ ŽŶĚŝƚŝŽŶƐƚŽ/ŶĐůƵĚĞ ŽĐƵŵĞŶƚĂƚŝŽŶ ϱϬ ϰϰ ϰϱ ϰϮ ϰϰ ϰϰ ϰϮ ϰϱ ϰϯ ϯϰ WƌŝĐŝŶŐ ϰϬϬ Ϯϴϭ ϯϰϲ ϯϯϴ ϯϰϵ ϯϰϱ ϯϮϲ ϯϰϵ ϯϰϮ ϮϱϬ &ŝŶĂŶĐŝĂů͕/ŶĚƵƐƚƌLJĂŶĚ DĂƌŬĞƚƉůĂĐĞ^ƵĐĐĞƐƐĞƐ ϳϱ ϲϯ ϲϮ ϱϵ ϲϯ ϲϲ ϱϲ ϲϳ ϲϱ ϰϳ ŝĚĚĞƌΖƐďŝůŝƚLJƚŽ^Ğůůͬ ^ĞƌǀŝĐĞŽŶƚƌĂĐƚEĂƚŝŽŶĂůůLJ ϭϬϬ ϳϰ ϴϮ ϳϴ ϴϱ ϴϭ ϲϳ ϴϵ ϴϵ ϱϯ ŝĚĚĞƌΖƐDĂƌŬĞƚŝŶŐWůĂŶ ϱϬ ϰϯ ϰϰ ϰϬ ϰϮ ϰϭ ϯϴ ϰϲ ϰϰ ϯϯ sĂůƵĞĚĚĞĚƚƚƌŝďƵƚĞƐ ϳϱ ϲϮ ϲϳ ϱϲ ϲϯ ϲϳ ϱϱ ϲϳ ϲϳ ϰϳ tĂƌƌĂŶƚLJŽǀĞƌĂŐĞƐĂŶĚ /ŶĨŽƌŵĂƚŝŽŶ ϱϬ ϰϱ ϰϲ ϰϰ ϰϯ ϰϯ ϰϮ ϰϰ ϰϯ ϰϮ ^ĞůĞĐƚŝŽŶĂŶĚsĂƌŝĞƚLJŽĨ WƌŽĚƵĐƚƐĂŶĚ^ĞƌǀŝĐĞƐKĨĨĞƌĞĚ ϮϬϬ ϭϱϯ ϭϴϱ ϭϰϰ ϭϳϴ ϭϳϴ ϭϮϭ ϭϴϮ ϭϴϱ ϭϮϱ dŽƚĂůWŽŝŶƚƐ ϭ͕ϬϬϬϳϲϱ ϴϳϳ ϴϬϭ ϴϲϳ ϴϲϱ ϳϰϳ ϴϴϵ ϴϳϴ ϲϯϭ ZĂŶŬKƌĚĞƌ ϳϯϲϰϱϴϭϮϵ <ŝŵƵƐƚŝŶ͕WW͕^ŽƵƌĐĞǁĞůů ^ƚĞƉŚĂŶŝĞ,ĂĂƚĂũĂ͕W/D͕^ŽƵƌĐĞǁĞůů ƌĂŶĚŽŶdŽǁŶ͕W^D͕W^͕^ŽƵƌĐĞǁĞůů ƌĂŝŐtĞƐƚ͕^ŽƵƌĐĞǁĞůů DŽďŝůĞZĞĨƵƐĞsĞŚŝĐůĞƐǁŝƚŚZĞůĂƚĞĚƋƵŝƉŵĞŶƚ͕ĐĐĞƐƐŽƌŝĞƐ͕ĂŶĚ^ĞƌǀŝĐĞƐ WƌŽƉŽƐĂůǀĂůƵĂƚŝŽŶ Z&WηϬϵϭϮϭϵ DocuSign Envelope ID: 7AF3A319-EF7F-4B23-906F-0B5BC7B06239 COMMENT AND REVIEW to the REQUEST FOR PROPOSAL (RFP) #091219 Entitled Mobile Refuse Collection Vehicles with Related Equipment, Accessories, and Services The following advertisement was placed July 11, 2019 in Utah’s The Salt Lake Tribune, in USA Today, in South Carolina’s The State, and on the Sourcewell website www.sourcewell-mn.gov, Sourcewell Procurement Portal https://proportal.sourcewell-mn.gov, Biddingo, Merx, The New York State Contract Reporter www.nyscr.ny.gov, PublicPurchase.com, and July 12, 2019 in Oregon’s Daily Journal of Commerce: Sourcewell, a State of Minnesota local government agency and service cooperative, is requesting proposals for Mobile Refuse Collection Vehicles with Related Equipment, Accessories, and Services to result in a national contracting solution for use by its members. Sourcewell members include thousands of governmental, higher education, K-12 education, not-for-profit, tribal government, and other public agencies located in the United States and Canada. A full copy of the Request for Proposals can be found on the Sourcewell Procurement Portal [https://proportal.sourcewell-mn.gov]. Only proposals submitted through the Sourcewell Procurement Portal will be considered. Proposals are due no later than September 12, 2019, at 4:30 p.m. Central Time, and late proposals will not be considered. The solicitation process was conducted through the Sourcewell Procurement Portal. The following parties expressed interest in the solicitation by registering for this opportunity within the portal: A-1 Alternative Fuel Systems Labrie Enviroquip Group Amrep Manufacturing, LLC. MARREL CORPORATION Apex Equipment Sales, INC McNeilus Financial, Inc. Autocar Truck, LLC Nexgen Municipal Inc. Blankenship Equipment Repair, Inc. Norlift, Inc. Curbtender, Inc. Par-Kan Company, LLC Diamond International Trucks Ltd. Premier Truck Sales & Rental, Inc Diehl and Sons INC DBA New York Freightliner Scranton Manufacturing Co.< Inc. FST Canada Inc. o/a Joe Johnson Equipment The Heil Co. Gladstein, Neandross & Associates Universal Handling Equipment Company Ltd. Hol-Mac Corporation Valor Holdings LLC Hunter Truck Buffalo Wastequip Manufacturing Company LLC KBG Holdings, Inc Wilkens Industries Inc. Proposals were opened on September 12, 2019, on the Sourcewell Procurement Portal from the following: Amrep Manufacturing, LLC. Curbtender, Inc. DocuSign Envelope ID: FD9FA114-1D6C-4687-BFD7-89C419586D6D Sourcewell Page 2 of 4 Hol-Mac Corporation Labrie Enviroquip Group McNeilus Financial, Inc. Par-Kan Company, LLC Scranton Manufacturing Co. Inc. The Heil Co. Universal Handling Equipment Company Ltd. Proposals were reviewed by the Proposal Evaluation Committee: Kim Austin, CPPB, Sourcewell Procurement Lead Analyst Brandon Town, CPSM, CPSD, Sourcewell Procurement Analyst Craig West, Sourcewell Procurement Analyst Stephanie Haataja, CPIM, Sourcewell Procurement Analyst The findings of the Proposal Evaluation Committee are summarized as follows: The Proposal Evaluation Committee used the Sourcewell RFP evaluation criteria and determined that all proposal responses met Level-One and Level-Two Responsiveness and were evaluated. Curbtender, Inc. offers turnkey solutions for front end loaders, rear loaders and side loaders ranging in capacity from 6 cubic yards to 44 cubic yards including a non-CDL operator option. Their expansive dealer network and sales force stand ready to assist Members throughout the US and Canada. They are offering Sourcewell Members competitive discounts off MSRP, and a two-year standard warranty with extended warranty options available. Labrie Enviroquip Group manufactures rear-loading, side-loading and front-loading refuse bodies that can be attached to numerous chassis options. Labrie Enviroquip Group offers a side-loading body with a dual sided loading option that is suited for alleys and one-way streets. With regional sales managers and dealers located throughout the United States and Canada, Labrie Enviroquip Group is poised to assist Sourcewell Members. They are offering a solid discount off the published price for Members. McNeilus Financial, Inc. offers turnkey front load, rear load, and side load mobile refuse vehicles, along with parts and service. McNeilus Financial, Inc. utilizes a direct sales force throughout the United States and Canada to meet Sourcewell Member needs. Their pricing reflects a substantial discount from MSRP pricing, with volume discounts and leasing options available. Scranton Manufacturing Co. Inc. d/b/a New Way Trucks offers a turnkey solution for front loaders, rear loaders, side loaders and automated side loaders. They also offer Compressed Natural Gas (CNG) fueling integration on all models for cleaner emissions. New Way Trucks has also been involved in developing battery electric rear load collection vehicles. They are positioned to serve Sourcewell Members in the United States and Canada with their extensive sales and dealer network. New Way Trucks is offering a competitive discount off MSRP price to Members. The Heil Co. offers turnkey solutions for mobile refuse vehicles, including front loaders, side loaders and rear loaders. The Heil Co. also offers Third Eye on-board camera system to monitor the driver’s environment and promote safe DocuSign Envelope ID: FD9FA114-1D6C-4687-BFD7-89C419586D6D Sourcewell Page 3 of 4 vehicle operation. They have a vast dealer network located throughout the United States and Canada and are equipped to serve Sourcewell Members. The Heil Co. offers Members a competitive discount off the MSRP price. For these reasons, the Sourcewell Proposal Review Committee recommends award of Sourcewell Contract #091219 to: Curbtender, Inc. 091219-CRB Labrie Enviroquip Group 091219-LEG McNeilus Financial, Inc. 091219-MCN Scranton Manufacturing Co. Inc. 091219-NWY The Heil Co. 091219-THC The preceding recommendations were approved on November 11, 2019. ______________________________________________ Kim Austin, CPPB, Sourcewell Procurement Lead Analyst _________________________________________________ Stephanie Haataja, CPIM, Sourcewell Procurement Analyst _______________________________________ Craig West, Sourcewell Procurement Analyst _____________________________________________________ Brandon Town, CPSM, CPSD, Sourcewell Procurement Analyst DocuSign Envelope ID: FD9FA114-1D6C-4687-BFD7-89C419586D6D Sourcewell Page 4 of 4 STATEMENT OF COMPLIANCE As Chief Procurement Officer for Sourcewell, I have reviewed the recommendation of the Evaluation Committee and the accompanying support materials documenting the process followed for RFP #091219 for Mobile Refuse Collection Vehicles with Related Equipment, Accessories, and Services. The committee accepted, deemed responsive, evaluated, and recommended proposals for award. Under authority granted to the Chief Procurement Officer in Sourcewell’s bylaws, the recommendations set forth above are approved. I hereby certify: 1. Sourcewell is a government agency, created and authorized by Minnesota law to provide cooperative procurement contracts. 2. The procurement process and resulting contracts have been awarded in compliance with the laws of the State of Minnesota (Minnesota Statutes Chapter 471 and Minnesota Statutes Section 123A.21), and in conformity to Sourcewell’s Procurement Policy. Jeremy Schwartz, ASQ CSSBB Chief Procurement Officer DocuSign Envelope ID: FD9FA114-1D6C-4687-BFD7-89C419586D6D City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 21-316,Version:1 REPORT TO THE CITY COUNCIL March 18, 2021 FROM:BRYON HORN, Chief Information Officer Information Services Department BY:FRANK D. VAWTER, Computer Services Division Manager Information Services Department SUBJECT Approve a three-year Agreement with Dell Marketing L.P.to renew Microsoft Enterprise licensing for the City in the amount of $3,189,931.83 in accordance with purchasing procedures from cooperative purchase agreements as set forth in Administrative Order 3-1. RECOMMENDATION Staff recommends Council authorize the Chief Information Officer to enter into a three-year Agreement with Dell Marketing L.P.to renew Microsoft Enterprise licensing for the City in the amount of $3,189,931.83 in accordance with purchasing procedures from cooperative purchase agreements as set forth in Administrative Order 3-1. EXECUTIVE SUMMARY The Information Services Department (ISD)has maintained an Enterprise Agreement to cover the support and licensing of Microsoft software products.The total amount of the three-year contract is $3,189,931.83,spread evenly over the three-year term at $1,063,310.61 annually. The licensing shall be priced and purchased using a cooperative purchase agreement as set forth in Administrative Order 3-1.ISD will be using the County of Riverside Agreement to complete this purchase.In addition,ISD procured four bids from those vendors who are authorized to provide licensing from the Riverside Agreement and chose the lowest bidder. Pricing changes during the contract period are subject to the licensing needs and requirements of the City. In addition to Microsoft software,such as Windows and Office that run on desktop and laptops,the City also uses a variety of Microsoft products.These software products comprise most of the software that runs the City's technology operations.Entering into this agreement with Microsoft will assure that the City maintains its investment in software,via the Software Assurance program, and stays current on the licensing and support for productivity products. City of Fresno Printed on 3/12/2021Page 1 of 2 powered by Legistar™ File #:ID 21-316,Version:1 BACKGROUND It is common for large organizations to enter into Enterprise Agreements with Microsoft.These agreements allow organizations to leverage their volume for improved pricing on a variety of Microsoft products,as well as establish access to Software Assurance.Software Assurance is a program that allows organizations to maintain the rights and privileges of previously purchased licenses for a fraction of the cost of the original license. ISD maintains the licensing for Microsoft products in the City.Included in this agreement are licenses for Windows,Office,SharePoint,Teams,as well as core technology functions like file and application servers, database servers, email servers, Intune, and Azure Active Directory. The City's Enterprise Agreement is set to expire April 30,2021.ISD has examined multiple offers from a variety of vendors on this agreement.We have identified Dell Technologies as the vendor with the lowest current, and lowest predicted future, costs. ENVIRONMENTAL FINDINGS The approval of this purchase is not a project as defined by the California Environmental Quality Act. LOCAL PREFERENCE Local preference does not apply because a cooperative purchase agreement is being used through another governmental entity. FISCAL IMPACT Funding for this expense is appropriated in the Fiscal Year 2021 Budget in the Information Services Department’s (ISD)Systems Acquisition Maintenance Fund (54001).The cost for the first year of the enterprise agreement is $1,063,310.61.ISD currently collects yearly appropriations to pay for the remainder of the Agreement over the 3-year term.No additional fiscal impact is expected. Attachments: Enterprise Agreement Enrollment Volume Licensing Dell Quote Vendor Score Card Riverside County Enterprise Agreement 2019-2021 City of Fresno Printed on 3/12/2021Page 2 of 2 powered by Legistar™ EA20201EnrGov(US)SLG(ENG)(Oct2019) Page 1 of 10 Document X20-10635 Enterprise Enrollment State and Local Enterprise Enrollment number (Microsoft to complete) Framework ID (if applicable) Previous Enrollment number (Reseller to complete) This Enrollment must be attached to a signature form to be valid. This Microsoft Enterprise Enrollment is entered into between the entities as identified in the signature form as of the effective date. Enrolled Affiliate represents and warrants it is the same Customer, or an Affiliate of the Customer, that entered into the Enterprise Agreement identified on the program signature form. This Enrollment consists of: (1) these terms and conditions, (2) the terms of the Enterprise Agreement identified on the signature form, (3) the Product Selection Form, (4) the Product Terms, (5) the Online Services Terms, (6) any Supplemental Contact Information Form, Previous Agreement/Enrollment form, and other forms that may be required, and (7) any order submitted under this Enrollment. This Enrollment may only be entered into under a 2011 or later Enterprise Agreement. By entering into this Enrollment, Enrolled Affiliate agrees to be bound by the terms and conditio ns of the Enterprise Agreement. All terms used but not defined are located at http://www.microsoft.com/licensing/contracts. In the event of any conflict the terms of this Agreement control. Effective date. If Enrolled Affiliate is renewing Software Assurance or Subscription Licenses from one or more previous Enrollments or agreements, then the effective date will be the day after the first prio r Enrollment or agreement expires or terminates. If this Enrollment is renewed, the effective date of the renewal term will be the day after the Expiration Date of the initial term. Otherwise, the effective date will be the date this Enrollment is accepted by Microsoft. Any reference to “anniversary date” refers to the anniversary of the effective date of the applicable initial or renewal term for each year this Enrollment is in effect. Term. The initial term of this Enrollment will expire on the last day of the month, 36 full calendar months from the effective date of the initial term. The renewal term will expire 36 full calendar months after the effective date of the renewal term. Terms and Conditions 1. Definitions. Terms used but not defined in this Enrollment will have the definition in the Enterprise Agreement. The following definitions are used in this Enrollment: “Additional Product” means any Product identified as such in the Product Terms and chosen by Enrolled Affiliate under this Enrollment. “Community” means the community consisting of one or more of the following: (1) a Government, (2) an Enrolled Affiliate using eligible Government Community Cloud Services to provide solutions to a Government or a qualified member of the Community, or (3) a Customer with Customer Data that is subject to Government regulations for which Customer determines and Microsoft agrees that the use of Government Community Cloud Services is appropriate to meet Customer’s regulatory requirements. EA20201EnrGov(US)SLG(ENG)(Oct2019) Page 2 of 10 Document X20-10635 Membership in the Community is ultimately at Microsoft’s discretion, which may vary by Government Community Cloud Service. “Enterprise Online Service” means any Online Service designated as an Enterprise Online Service in the Product Terms and chosen by Enrolled Affiliate under this Enrollment. Enterprise Online Services are treated as Online Services, except as noted. “Enterprise Product” means any Desktop Platform Product that Microsoft designates as an Enterprise Product in the Product Terms and chosen by Enrolled Affiliate under this Enrollment. Enterprise Products must be licensed for all Qualified Devices and Qualified Users on an Enterprise-wide basis under this program. “Expiration Date” means the date upon which the Enrollment expires. “Federal Agency” means a bureau, office, agency, department or other entity of the United States Government. “Government” means a Federal Agency, State/Local Entity, or Tribal Entity acting in its governmental capacity. “Government Community Cloud Services” means Microsoft Online Services that are provisioned in Microsoft’s multi-tenant data centers for exclusive use by or for the Community and offered in accordance with the National Institute of Standards and Technology (NIST) Special Publication 800 -145. Microsoft Online Services that are Government Community Cloud Services are designated as such in the Use Rights and Product Terms. “Industry Device” (also known as line of business device) means any device that: (1) is not useable in its deployed configuration as a general purpose personal computing device (such as a personal computer), a multi-function server, or a commercially viable substitute for one of these systems; and (2) only employs an industry or task-specific software program (e.g. a computer-aided design program used by an architect or a point of sale program) (“Industry Program”). The device may include features and functi ons derived from Microsoft software or third-party software. If the device performs desktop functions (such as email, word processing, spreadsheets, database, network or Internet browsing, or scheduling, or personal finance), then the desktop functions: (1) may only be used for the purpose of supporting the Industry Program functionality; and (2) must be technically integrated with the Industry Program or employ technically enforced policies or architecture to operate only when used with the Industry Progr am functionality. “Managed Device” means any device on which any Affiliate in the Enterprise directly or indirectly controls one or more operating system environments. Examples of Managed Devices can be found in the Product Terms. “Qualified Device” means any device that is used by or for the benefit of Enrolled Affiliate’s Enterprise and is: (1) a personal desktop computer, portable computer, workstation, or similar device capable of running Windows Pro locally (in a physical or virtual operating system environment), or (2) a device used to access a virtual desktop infrastructure (“VDI”). Qualified Devices do not include any device that is: (1) designated as a server and not used as a personal computer, (2) an Industry Device, or (3) not a Managed Device. At its option, the Enrolled Affiliate may designate any device excluded above (e.g., Industry Device) that is used by or for the benefit of the Enrolled Affiliate’s Enterprise as a Qualified Device for all or a subset of Enterprise Products or Online Services the Enrolled Affiliate has selected. “Qualified User” means a person (e.g., employee, consultant, contingent staff) who: (1) is a user of a Qualified Device, or (2) accesses any server software requiring an Enterprise Product Client Access License or any Enterprise Online Service. It does not include a person who accesses server software or an Online Service solely under a License identified in the Qualified User exemptions in the Product Terms. “Reseller” means an entity authorized by Microsoft to resell Licenses under this program and engaged by an Enrolled Affiliate to provide pre- and post-transaction assistance related to this agreement; “Reserved License” means for an Online Service identified as eligible for true-ups in the Product Terms, the License reserved by Enrolled Affiliate prior to use and for which Microsoft will make the Online Se rvice available for activation. EA20201EnrGov(US)SLG(ENG)(Oct2019) Page 3 of 10 Document X20-10635 "State/Local Entity" means (1) any agency of a state or local government in the United States, or (2) any United States county, borough, commonwealth, city, municipality, town, township, special purpose district, or other similar type of governmental instrumentality established by the laws of Customer’s state and located within Customer’s state’s jurisdiction and geographic boundaries. “Tribal Entity” means a federally-recognized tribal entity performing tribal governmental functions and eligible for funding and services from the U.S. Department of Interior by virtue of its status as an Indian tribe. “Use Rights” means, with respect to any licensing program, the use rights or terms of service for each Product and version published for that licensing program at the Volume Licensing Site and updated from time to time. The Use Rights include the Product-Specific License Terms, the License Model terms, the Universal License Terms, the Data Protection Terms, and the Other Legal Terms. The Use Rights supersede the terms of any end user license agreement (on-screen or otherwise) that accompanies a Product. “Volume Licensing Site” means http://www.microsoft.com/licensing/contracts or a successor site. 2. Order requirements. a. Minimum order requirements. Enrolled Affiliate’s Enterprise must have a minimum of 250 Qualified Users or Qualified Devices. The initial order must include at least 250 Licenses for Enterprise Products or Enterprise Online Services. (i) Enterprise commitment. Enrolled Affiliate must order enough Licenses to cover all Qualified Users or Qualified Devices, depending on the License Type, with one or more Enterprise Products or a mix of Enterprise Products and the corresponding Enterprise Online Services (as long as all Qualified Devices not covered by a License are only used by users covered with a user License). (ii) Enterprise Online Services only. If no Enterprise Product is ordered, then Enrolled Affiliate need only maintain at least 250 Subscription Licenses for Enterprise Online Services. b. Additional Products. Upon satisfying the minimum order requirements above, Enrolled Affiliate may order Additional Products. c. Use Rights for Enterprise Products. For Enterprise Products, if a new Product version has more restrictive use rights than the version that is current at the start of the applicable initial or renewal term of the Enrollment, those more restrictive use rights will not apply to Enrolled Affiliate’s use of that Product during that term. d. Country of usage. Enrolled Affiliate must specify the countries where Licenses will be used on its initial order and on any additional orders. e. Resellers. Enrolled Affiliate must choose and maintain a Reseller authorized in the United States. Enrolled Affiliate will acquire its Licenses through its chosen Reseller. Orders must be submitted to the Reseller who will transmit the order to Microsoft. The Reseller and Enrolled Affiliate determine pricing and payment terms as between them, and Microsoft will invoice the Reseller based on those terms. Throughout this Agreement the term “price” refers to reference price. Resellers and other third parties do not have authority to bind or impose any obligation or liability on Microsoft. f. Adding Products. (i) Adding new Products not previously ordered. New Enterprise Products or Enterprise Online Services may be added at any time by contacting a Microsoft Account Manager or Reseller. New Additional Products, other than Online Services, may be used if an order is placed in the month the Product is first used. For Additional Products that are Online Services, an initial order for the Online Service is required prior to use. EA20201EnrGov(US)SLG(ENG)(Oct2019) Page 4 of 10 Document X20-10635 (ii) Adding Licenses for previously ordered Products. Additional Licenses for previously ordered Products other than Online Services may be added at any time but must be included in the next true-up order. Additional Licenses for Online Services must be ordered prior to use, unless the Online Services are (1) identified as eligible for true -up in the Product Terms or (2) included as part of other Licenses. g. True-up requirements. Enrolled Affiliate must submit an annual true-up order that accounts for any changes since the initial order or last order. If there are no changes, then an update statement must be submitted instead of a true-up order. (i) Enterprise Products. For Enterprise Products, Enrolled Affiliate must determine the number of Qualified Devices and Qualified Users (if ordering user-based Licenses) at the time the true-up order is placed and must order additional Licenses for all Qualified Devices and Qualified Users that are not already covered by existing Licenses, including any Enterprise Online Services. (ii) Additional Products. For Additional Products that have been previously ordered under this Enrollment, Enrolled Affiliate must determine the maximum number of Additional Products used since the latter of the initial order, the last true-up order, or the prior anniversary date and submit a true-up order that accounts for any increase. (iii) Online Services. For Online Services identified as eligible for true-up in the Product Terms, Enrolled Affiliate may place a reservation order for the additional Licenses prior to use and payment may be deferred until the next true -up order. Microsoft will provide a report of Reserved Licenses ordered but not yet invoiced to Enrolled Affiliate and its Reseller. Reserved Licenses will be invoiced retrospectively to the month in which they were ordered. (iv) Subscription License reductions. Enrolled Affiliate may reduce the quantity of Subscription Licenses at the Enrollment anniversary date on a prospective basis if permitted in the Product Terms, as follows: 1) For Subscription Licenses that are part of an Enterprise-wide purchase, Licenses may be reduced if the total quantity of Licenses and Software Assurance for an applicable group meets or exceeds the quantity of Qualified Devices and Qualified Users (if ordering user-based Licenses) identified on the Product Selection Form, and includes any additional Qualified Devices and Qualified Users added in any prior true -up orders. Step-up Licenses do not count towards this total count. 2) For Enterprise Online Services that are not a part of an Enterprise-wide purchase, Licenses can be reduced as long as the initial order minimum requirements are maintained. 3) For Additional Products available as Subscription Licenses, Enrolled Affiliate may reduce the Licenses. If the License count is reduced to zero, then Enrolled Affiliate’s use of the applicable Subscription License will be cancelled. Invoices will be adjusted to reflect any reductions in Subscription Licenses at the true -up order Enrollment anniversary date and effective as of such date. (v) Update statement. An update statement must be submitted instead of a true-up order if, since the initial order or last true-up order, Enrolled Affiliate’s Enterprise: (1) has not changed the number of Qualified Devices and Qualified Users licensed with Enterpr ise Products or Enterprise Online Services; and (2) has not increased its usage of Additional Products. This update statement must be signed by Enrolled Affiliat e’s authorized representative. (vi) True-up order period. The true-up order or update statement must be received by Microsoft between 60 and 30 days prior to each Enrollment anniversary date. The third - year true-up order or update statement is due within 30 days prior to the Expiration Date, and any license reservations within this 30 day period will not be accepted. Enrolled Affiliate EA20201EnrGov(US)SLG(ENG)(Oct2019) Page 5 of 10 Document X20-10635 may submit true-up orders more often to account for increases in Product usage, but an annual true-up order or update statement must still be submitted during the annual order period. (vii) Late true-up order. If the true-up order or update statement is not received when due, Microsoft will invoice Reseller for all Reserved Licenses not previously invoiced and Subscription License reductions cannot be reported until the following Enrollment anniversary date (or at Enrollment renewal, as applicable). h. Step-up Licenses. For Licenses eligible for a step-up under this Enrollment, Enrolled Affiliate may step-up to a higher edition or suite as follows: (i) For step-up Licenses included on an initial order, Enrolled Affiliate may order according to the true-up process. (ii) If step-up Licenses are not included on an initial order, Enrolled Affiliate may step-up initially by following the process described in the Section titled “Adding new Products not previously ordered,” then for additional step-up Licenses, by following the true-up order process. i. Clerical errors. Microsoft may correct clerical errors in this Enrollment, and any documents submitted with or under this Enrollment, by providing notice by email and a reasonable opportunity for Enrolled Affiliate to object to the correction. Clerical errors include minor mistakes, unintentional additions and omissions. This provision does not apply to material terms, such as the identity, quantity or price of a Product ordered. j. Verifying compliance. Microsoft may, in its discretion and at its expense, verify compliance with this Enrollment as set forth in the Enterprise Agreement. 3. Pricing. a. Price Levels. For both the initial and any renewal term Enrolled Affiliate’s Price Level for all Products ordered under this Enrollment will be Level “D” throughout the term of the Enrollment. b. Setting Prices. Enrolled Affiliate’s prices for each Product or Service will be established by its Reseller. Except for Online Services designated in the Prod uct Terms as being exempt from fixed pricing, As long as Enrolled Affiliate continues to qualify for the same price level, Microsoft’s prices for Resellers for each Product or Service ordered will be fixed throughout the applicable initial or renewal Enrollment term. Microsoft’s prices to Resellers are reestablished at the beginning of the renewal term. 4. Payment terms. For the initial or renewal order, Microsoft will invoice Enrolled Affiliate’s Reseller in three equal annual installments. . The first installment will be invoiced upon Microsoft’s acceptance of this Enrollment and remaining installments will be invoiced on each subsequent Enrollment anniversary date. Subsequent orders are invoiced upon acceptance of the order and Enrolled Affiliate may elect to pay annually or upfront for Online Services and upfront for all other Licenses. 5. End of Enrollment term and termination. a. General. At the Expiration Date, Enrolled Affiliate must immediately order and pay for Licenses for Products it has used but has not previously submitted an order, except as otherwis e provided in this Enrollment. b. Renewal option. At the Expiration Date of the initial term, Enrolled Affiliate can renew Products by renewing this Enrollment for one additional 36-month term or by signing a new Enrollment. Microsoft must receive a Renewal Form, Product Selection Form, and renewal order prior to or at the Expiration Date. Microsoft wil l not unreasonably reject any renewal. EA20201EnrGov(US)SLG(ENG)(Oct2019) Page 6 of 10 Document X20-10635 Microsoft may make changes to this program that will make it necessary for Customer and its Enrolled Affiliates to enter into new agreements and Enrollments at renewal. c. If Enrolled Affiliate elects not to renew. (i) Software Assurance. If Enrolled Affiliate elects not to renew Software Assurance for any Product under its Enrollment, then Enrolled Affiliate will not be permitted to order Software Assurance later without first acquiring a new License with Software Assurance. (ii) Online Services eligible for an Extended Term. For Online Services identified as eligible for an Extended Term in the Product Terms, the following options are available at the end of the Enrollment initial or renewal term. 1) Extended Term. Licenses for Online Services will automatically expire in accordance with the terms of the Enrollment. An extended term feature that allows Online Services to continue month-to-month (“Extended Term”) is available. During the Extended Term, Online Services will be invoiced monthly at the then-current published price as of the Expiration Date plus a 3% administrative fee for up to one year. If Enrolled Affiliate wants an Extended Term, Enrolled Affiliate must submit a request to Microsoft at least 30 days prior to the Expiration Date. 2) Cancellation during Extended Term. At any time during the first year of the Extended Term, Enrolled Affiliate may terminate the Extended Term by submitting a notice of cancellation to Microsoft for each Online Service. Thereafter, either party may terminate the Extended Term by providing the other with a notice of cancellation for each Online Service. Cancellation will be effective at the end of the month following 30 days after Microsoft has received or issued the notice. (iii) Subscription Licenses and Online Services not eligible for an Extended Term. If Enrolled Affiliate elects not to renew, the Licenses will be cancelled and will terminate as of the Expiration Date. Any associated media must be uninstalled and destroyed and Enrolled Affiliate’s Enterprise must discontinue use. Microsoft may request written certification to verify compliance. d. Termination for cause. Any termination for cause of this Enrollment will be subject to the “Termination for cause” section of the Agreement. In addition, it shall be a breach of this Enrollment if Enrolled Affiliate or any Affiliate in the Enterprise that uses Government Community Cloud Services fails to meet and maintain the conditions of membership in the definition of Community. e. Early termination. Any early termination of this Enrollment will be subject to the “Early Termination” Section of the Enterprise Agreement. For Subscription Licenses, in the event of a breach by Microsoft, or if Microsoft terminates an Online Service for regulatory reasons, Microsoft will issue Reseller a credit for any amount paid in advance for the period after termination. 6. Government Community Cloud. a. Community requirements. If Enrolled Affiliate purchases Government Community Cloud Services, Enrolled Affiliate certifies that it is a member of the Community and agrees to use Government Community Cloud Services solely in its capacity as a member of the Community and, for eligible Government Community Cloud Services, for the benefit of end users that are members of the Community. Use of Government Community Cloud Services by an entity that is not a member of the Community or to provide services to non-Community members is strictly prohibited and could result in termination of Enrolled Affiliate’s license(s) for Government Community Cloud Services without notice. Enrolled Affiliate acknowledges that only Community members may use Government Community Cloud Services. b. All terms and conditions applicable to non-Government Community Cloud Services also apply EA20201EnrGov(US)SLG(ENG)(Oct2019) Page 7 of 10 Document X20-10635 to their corresponding Government Community Cloud Services, except as otherwise noted in the Use Rights, Product Terms, and this Enrollment. c. Enrolled Affiliate may not deploy or use Government Community Cloud Services and corresponding non-Government Community Cloud Services in the same domain. d. Use Rights for Government Community Cloud Services. For Government Community Cloud Services, notwithstanding anything to the contrary in the Use Rights: (i) Government Community Cloud Services will be offered only within the United States. (ii) Additional European Terms, as set forth in the Use Rights, will not apply. (iii) References to geographic areas in the Use Rights with respect to the location of Customer Data at rest, as set forth in the Use Rights, refer only to the United States. EA20201EnrGov(US)SLG(ENG)(Oct2019) Page 8 of 10 Document X20-10635 Enrollment Details 1. Enrolled Affiliate’s Enterprise. a. Identify which Agency Affiliates are included in the Enterprise. (Required) Enrolled Affiliate’s Enterprise must consist of entire offices, bureaus, agencies, departments or other entities of Enrolled Affiliate, not partial offices, bureaus, agencies, or departments, or other partial entities. Check only one box in this section. If no boxes are checked, Microsoft will deem the Enterprise to include the Enrolled Affiliate only. If more than one box is checked, Microsoft will deem the Enterprise to include the largest number of Affiliates: Enrolled Affiliate only Enrolled Affiliate and all Affiliates Enrolled Affiliate and the following Affiliate(s) (Only identify specific affiliates to be included if fewer than all Affiliates are to be included in the Enterprise): Enrolled Affiliate and all Affiliates, with following Affiliate(s) excluded: b. Please indicate whether the Enrolled Affiliate’s Enterprise will include all new Affiliates acquired after the start of this Enrollment: Exclude future Affiliates 2. Contact information. Each party will notify the other in writing if any of the information in the following contact information page(s) changes. The asterisks (*) indicate required fields. By providing contact information, Enrolled Affiliate consents to its use for purposes of administering this Enrollment by Microsoft, its Affiliates, and other parties that help administer this Enrollment. The personal information provided in connection with this Enrollment will be used and protected in accordance with the privacy statement available at https://www.microsoft.com/licensing/servicecenter. a. Primary contact. This contact is the primary contact for the Enrollment from within Enrolled Affiliate’s Enterprise. This contact is also an Online Administrator for the Volume Licensing Service Center and may grant online access to others. The primary contact will be the default contact for all purposes unless separate contacts are identified for specific purposes Name of entity (must be legal entity name)* City of Fresno Contact name* First Bryon Last Horn Contact email address* Bryon.Horn@fresno.gov Street address* 2600 Fresno Street, Room 1059 City* Fresno EA20201EnrGov(US)SLG(ENG)(Oct2019) Page 9 of 10 Document X20-10635 State* CA Postal code* 93721-3608 (Please provide the zip + 4, e.g. xxxxx-xxxx) Country* USA Phone* 559-621-7101 Tax ID * indicates required fields b. Notices contact and Online Administrator. This contact (1) receives the contractual notices, (2) is the Online Administrator for the Volume Licensing Service Center and may grant online access to others, and (3) is authorized to order Reserved Licenses for eligible Online Servies, including adding or reassigning Licenses and stepping-up prior to a true-up order. Same as primary contact (default if no information is provided below, even if the box is not checked). Contact name* First Frank D. Last Vawter Contact email address* FrankD.Vawter@fresno.gov Street address* 2600 Fresno Street, Room 1059 City* Fresno State* CA Postal code* 93721-3608 (Please provide the zip + 4, e.g. xxxxx-xxxx) Country* USA Phone* 559-621-7169 Language preference. Choose the language for notices. English This contact is a third party (not the Enrolled Affiliate). Warning: This contact receives personally identifiable information of the Customer and its Affiliates. * indicates required fields c. Online Services Manager. This contact is authorized to manage the Online Services ordered under the Enrollment and (for applicable Online Services) to add or reassign Licenses and step-up prior to a true-up order. Same as notices contact and Online Administrator (default if no information is provided below, even if box is not checked) Contact name*: First Frank D. Last Vawter Contact email address* FrankD.Vawter@fresno.gov Phone* 559-621-7169 This contact is from a third party organization (not the entity). Warning: This contact receives personally identifiable information of the entity. * indicates required fields d. Reseller information. Reseller contact for this Enrollment is: Reseller company name* Dell Inc. Street address (PO boxes will not be accepted)* One Dell Way City* Round Rock State* TX Postal code* 78682 Country* United States Contact name* Government Contract Admin Phone* 847-465-3700 Contact email address* US_MS_VL_Admin@Dell.com * indicates required fields EA20201EnrGov(US)SLG(ENG)(Oct2019) Page 10 of 10 Document X20-10635 By signing below, the Reseller identified above confirms that all information provided in this Enrollment is correct. Signature* Printed name* Printed title* Date* * indicates required fields Changing a Reseller. If Microsoft or the Reseller chooses to discontinue doing business with each other, Enrolled Affiliate must choose a replacement Reseller. If Enrolled Affiliate or the Reseller intends to terminate their relationship, the initiating party must notify Microsoft and the other party using a form provided by Microsoft at least 90 days prior to the date on which the change is to take effect. e. If Enrolled Affiliate requires a separate contact for any of the following, attach the Supplemental Contact Information form. Otherwise, the notices contact and Online Administrator remains the default. (i) Additional notices contact (ii) Software Assurance manager (iii) Subscriptions manager (iv) Customer Support Manager (CSM) contact 3. Financing elections. Is a purchase under this Enrollment being financed through MS Financing? Yes, No. If a purchase under this Enrollment is financed through MS Financing, and Enrolled Affiliate chooses not to finance any associated taxes, it must pay these taxes directly to Microsoft. Sam Andrews sam.andrews@dell.com 512-723-4699 Microsoft Enterprise Agreement (EA) #: TBD (expires 4/30/2021)Date of Issue:1/14/2021 Customer: City of Fresno Quote Expires:4/31/2021 Product Description Year 1 Mfg#Quantity Unit Price Ext. Price ExchgSvrEnt ALNG SA MVL 395-02504 20 $707.93 $14,158.60 ExchgSvrStd ALNG SA MVL 312-02257 3 $123.55 $370.65 Prjct Std ALNG SA MVL 076-01912 55 $114.17 $6,279.35 Prjct Pro ALNG SA MVL w1PrjctSvrCAL H30-00238 37 $188.23 $6,964.51 SfBSvr ALNG SA MVL 5HU-00216 4 $637.19 $2,548.76 SharePointSvr ALNG SA MVL H04-00268 14 $1,187.16 $16,620.24 SQLCAL ALNG SA MVL UsrCAL 359-00961 110 $33.35 $3,668.50 SQLSvrEntCore ALNG SA MVL 2Lic CoreLic 7JQ-00343 20 $2,195.82 $43,916.40 SQLSvrStd ALNG SA MVL 228-04433 14 $143.37 $2,007.18 SQLSvrStdCore ALNG SA MVL 2Lic CoreLic 7NQ-00292 60 $572.63 $34,357.80 VisioPro ALNG SA MVL D87-01159 72 $97.79 $7,040.88 VisioStd ALNG SA MVL D86-01253 11 $50.44 $554.84 VSEntSubw/GHEnt ALNG SA MVL QEJ-00003 2 $1,047.35 $2,094.70 VSProSubw/GHEnt ALNG SA MVL QEK-00003 2 $300.02 $600.04 WinRmtDsktpSrvcsCAL ALNG SA MVL UsrCAL 6VC-01254 180 $21.13 $3,803.40 WinSvrDCCore ALNG SA MVL 2Lic CoreLic 9EA-00278 532 $122.95 $65,409.40 WinSvrSTDCore ALNG SA MVL 2Lic CoreLic 9EM-00270 588 $17.33 $10,190.04 Total Year 1 Payment $220,585.29 Product Description Year 2 Mfg#Quantity Unit Price Ext. Price ExchgSvrEnt ALNG SA MVL 395-02504 20 $707.93 $14,158.60 ExchgSvrStd ALNG SA MVL 312-02257 3 $123.55 $370.65 Prjct Std ALNG SA MVL 076-01912 55 $114.17 $6,279.35 Prjct Pro ALNG SA MVL w1PrjctSvrCAL H30-00238 37 $188.23 $6,964.51 SfBSvr ALNG SA MVL 5HU-00216 4 $637.19 $2,548.76 SharePointSvr ALNG SA MVL H04-00268 14 $1,187.16 $16,620.24 SQLCAL ALNG SA MVL UsrCAL 359-00961 110 $33.35 $3,668.50 SQLSvrEntCore ALNG SA MVL 2Lic CoreLic 7JQ-00343 20 $2,195.82 $43,916.40 SQLSvrStd ALNG SA MVL 228-04433 14 $143.37 $2,007.18 SQLSvrStdCore ALNG SA MVL 2Lic CoreLic 7NQ-00292 60 $572.63 $34,357.80 VisioPro ALNG SA MVL D87-01159 72 $97.79 $7,040.88 VisioStd ALNG SA MVL D86-01253 11 $50.44 $554.84 VSEntSubw/GHEnt ALNG SA MVL QEJ-00003 2 $1,047.35 $2,094.70 VSProSubw/GHEnt ALNG SA MVL QEK-00003 2 $300.02 $600.04 WinRmtDsktpSrvcsCAL ALNG SA MVL UsrCAL 6VC-01254 180 $21.13 $3,803.40 WinSvrDCCore ALNG SA MVL 2Lic CoreLic 9EA-00278 532 $122.95 $65,409.40 WinSvrSTDCore ALNG SA MVL 2Lic CoreLic 9EM-00270 588 $17.33 $10,190.04 Total Year 2 Payment $220,585.29 Product Description Year 3 Mfg#Quantity Unit Price Ext. Price ExchgSvrEnt ALNG SA MVL 395-02504 20 $707.93 $14,158.60 ExchgSvrStd ALNG SA MVL 312-02257 3 $123.55 $370.65 Prjct Std ALNG SA MVL 076-01912 55 $114.17 $6,279.35 Prjct Pro ALNG SA MVL w1PrjctSvrCAL H30-00238 37 $188.23 $6,964.51 SfBSvr ALNG SA MVL 5HU-00216 4 $637.19 $2,548.76 SharePointSvr ALNG SA MVL H04-00268 14 $1,187.16 $16,620.24 SQLCAL ALNG SA MVL UsrCAL 359-00961 110 $33.35 $3,668.50 SQLSvrEntCore ALNG SA MVL 2Lic CoreLic 7JQ-00343 20 $2,195.82 $43,916.40 SQLSvrStd ALNG SA MVL 228-04433 14 $143.37 $2,007.18 SQLSvrStdCore ALNG SA MVL 2Lic CoreLic 7NQ-00292 60 $572.63 $34,357.80 VisioPro ALNG SA MVL D87-01159 72 $97.79 $7,040.88 VisioStd ALNG SA MVL D86-01253 11 $50.44 $554.84 VSEntSubw/GHEnt ALNG SA MVL QEJ-00003 2 $1,047.35 $2,094.70 VSProSubw/GHEnt ALNG SA MVL QEK-00003 2 $300.02 $600.04 Section 1- Licenses and Software Assurance WinRmtDsktpSrvcsCAL ALNG SA MVL UsrCAL 6VC-01254 180 $21.13 $3,803.40 WinSvrDCCore ALNG SA MVL 2Lic CoreLic 9EA-00278 532 $122.95 $65,409.40 WinSvrSTDCore ALNG SA MVL 2Lic CoreLic 9EM-00270 588 $17.33 $10,190.04 Total Year 3 Payment $220,585.29 TOTAL SECTION 1 YEARS 1 - 3 $661,755.87 Product Description - YEAR 1 Mfg#Quantity Months Unit Price Ext. Price M365 E3 FromSA GCC Unified ShrdSvr ALNG SubsVL MVL PerUsr AAD-34700 3000 12 $23.28 $838,080.00 M365 E3 GCC Unified ShrdSvr ALNG SubsVL MVL PerUsr AAD-34704 0 12 $27.85 $0.00 Additional Online Services PwrAtmtperusrRPAPlnGCC ShrdSvr ALNG SubsVL MVL PerUsr 1O5-00001 1 12 $34.81 $417.72 O365GCCF3 ShrdSvr ALNG SubsVL MVL PerUsr 3KS-00001 0 12 $2.70 $0.00 ExchOnlnArchGCC ShrdSvr ALNG SubsVL MVL PerUsr 4ES-00001 0 12 $2.11 $0.00 Intune Device GCC Shared All Lng Subs VL MVL Per Device NMH-00001 20 12 $1.49 $357.60 EntMobandSecE3Full GCC ShrdSvr ALNG SubsVL MVL PerUsr AAD-32907 43 12 $7.50 $3,870.00 Total Year 1 Payment $842,725.32 Product Description - YEAR 2 Mfg#Quantity Months Unit Price Ext. Price M365 E3 FromSA GCC Unified ShrdSvr ALNG SubsVL MVL PerUsr AAD-34700 3000 12 $23.28 $838,080.00 M365 E3 GCC Unified ShrdSvr ALNG SubsVL MVL PerUsr AAD-34704 0 12 $27.85 $0.00 Additional Online Services PwrAtmtperusrRPAPlnGCC ShrdSvr ALNG SubsVL MVL PerUsr 1O5-00001 1 12 $34.81 $417.72 O365GCCF3 ShrdSvr ALNG SubsVL MVL PerUsr 3KS-00001 0 12 $2.70 $0.00 ExchOnlnArchGCC ShrdSvr ALNG SubsVL MVL PerUsr 4ES-00001 0 12 $2.11 $0.00 Intune Device GCC Shared All Lng Subs VL MVL Per Device NMH-00001 20 12 $1.49 $357.60 EntMobandSecE3Full GCC ShrdSvr ALNG SubsVL MVL PerUsr AAD-32907 43 12 $7.50 $3,870.00 Total Year 2 Payment $842,725.32 Product Description - YEAR 3 Mfg#Quantity Months Unit Price Ext. Price M365 E3 FromSA GCC Unified ShrdSvr ALNG SubsVL MVL PerUsr AAD-34700 3000 12 $23.28 $838,080.00 M365 E3 GCC Unified ShrdSvr ALNG SubsVL MVL PerUsr AAD-34704 0 12 $27.85 $0.00 Additional Online Services PwrAtmtperusrRPAPlnGCC ShrdSvr ALNG SubsVL MVL PerUsr 1O5-00001 1 12 $34.81 $417.72 O365GCCF3 ShrdSvr ALNG SubsVL MVL PerUsr 3KS-00001 0 12 $2.70 $0.00 ExchOnlnArchGCC ShrdSvr ALNG SubsVL MVL PerUsr 4ES-00001 0 12 $2.11 $0.00 Intune Device GCC Shared All Lng Subs VL MVL Per Device NMH-00001 20 12 $1.49 $357.60 EntMobandSecE3Full GCC ShrdSvr ALNG SubsVL MVL PerUsr AAD-32907 43 12 $7.50 $3,870.00 Total Year 3 Payment $842,725.32 TOTAL SECTION 2 YEARS 1 - 3 $2,528,175.96 Notes:Total Annual Payment Yr 1 $1,063,310.61 Microsoft Enterprise Agreement (EA) #: Total Annual Payment Yr 2 $1,063,310.61 Microsoft Enterprise Agreement (EA) Enrollment#: TBD Total Annual Payment Yr 3 $1,063,310.61 Grand Total $3,189,931.83 Dell offers this quote for the first of three annual payments for Microsoft Enterprise Agreement Enrollment. For customer's general information and budgeting purposes, Dell includes the above as an estimate for subsequent years of the Microsoft Enterprise Agreement. Notes: Quote prepared by: Chris A Johnson Section 2- Monthly Subscriptions **Customer must complete all required Microsoft enrollment documentation. The EA cannot be executed (processed at Microsoft) until both the complete documents and PO are received for the first annual payment. Vendor Name Rank Contracting Cost Dell Marketing, LP 1 $1,063,310.61 Crayon Software Experts LLC 2 $1,072,448.23 Insight Public Sector, Inc.3 $1,084,082.64 CDWG 4 $1,137,057.88 City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 21-348,Version:1 REPORT TO THE CITY COUNCIL March 18, 2021 FROM:TJ MILLER, Director Parks, After School, Recreation and Community Services Department SUBJECT Actions related to the leasing of City-owned land at Roeding Park (Council District 3): 1.Adopt a finding of Categorical Exemption pursuant to Section 15301/Class 1 of the California Environmental Quality Act Guidelines 2.Approve first amendment to lease agreement between the City and Storyland and Playland, Inc.for property at Roeding Park,located at 890 W.Belmont Ave,for the purpose of operating Playland and Storyland to provide educational opportunities and pleasure to the children and families in the Central Valley for a term of 31 years at $1.00 per year. RECOMMENDATION Staff recommends City Council: 1.Adopt a finding of Categorical Exemption pursuant to Section 15301/Class 1 of the California Environmental Quality Act Guidelines 2.Approve the first amendment to the lease agreement with Storyland and Playland,Inc.for a term of 31 years at $1.00 per year for property located at Roeding Park 3.Authorize the PARCS Director to execute the agreement. EXECUTIVE SUMMARY The first amendment to the lease agreement with Storyland and Playland,Inc.is for a term of 31 years.The original lease agreement,dated 2014,had a term of 30 years.Roeding Park Playland and Fresno Storyland maintained separate 501 (C)(3)tax-exempt not-for-profit status until January 1,2018,when Fresno Storyland was merged with Roeding Park Playland and the name of the Corporation was changed to Storyland and Playland,Inc.In addition to modifying the lease agreement to reflect the corporation’s name change,the first amendment to the agreement also allows Storyland and Playland,Inc.to apply for the Statewide Park Development and Community Revitalization (Proposition 68)Grant application.Proposition 68 requires nonprofit applicants to demonstrate they will operate and maintain the property for public use during the 30-year grant performance period.The 2014 lease agreement is set to expire in 2044 and does not cover the full 30-year performance period.By entering into the first amendment to the lease agreement,the City is acknowledging the corporations name change and satisfying the State’s requirements of nonprofits to apply for the City of Fresno Printed on 3/12/2021Page 1 of 3 powered by Legistar™ File #:ID 21-348,Version:1 Proposition 68 Grant. BACKGROUND Roeding Park Playland entered into an agreement with the City in November,1954 and opened to the public in May,1955 as an amusement playland,boat concession,and concession stands within Roeding Park.Roeding Park Playland entered into a lease agreement in August,1974.Fresno Storyland entered into an agreement with the City in August, 1974 to operate a storybook land within Roeding Park.In July,1994 the eighth modification to the Roeding Park Playland lease agreement added Storyland to the Playland lease and the Storyland lease was terminated and a new joint lease with Roeding Park Playland and Fresno Storyland was executed April 24,2014 for a term of 30 years.Roeding Park Playland and Fresno Storyland maintained separate 501 (C)(3)tax-exempt not-for-profit status until January 1,2018, when Fresno Storyland was merged with Roeding Park Playland and the name of the Corporation was changed to Storyland and Playland,Inc.In addition to modifying the lease agreement to reflect the corporation’s name change,the first amendment to the agreement also allows Storyland and Playland,Inc.to apply for the Proposition 68 Grant application.Proposition 68 requires nonprofit applicants to demonstrate they will operate and maintain the property for public use during the 30-year grant performance period.The 2014 lease agreement is set to expire in 2044 and does not cover the full 30-year performance period.By entering into the first amendment to the lease agreement,the City is acknowledging the corporations name change and satisfying the State’s requirements of nonprofits to apply for the Proposition 68 Grant. In recognition of the educational opportunities and the pleasure of children and families,the rent will be one dollar ($1.00) per year.The Storyland and Playland,Inc.will continue to have exclusive responsibility and control of programming, hiring of staff,arranging tours,establishing hours of operation,and establishing fees and will utilize the net profits to maintain or expand its operation.Storyland and Playland,Inc.will continue to pay all operating and capital costs, including insurance,supplies,equipment,labor,fixtures,and material necessary for the maintenance,operation and capital improvements of the facilities with the exception of the following items that will continue to be provided by the City: furnish shade trees or replace present trees;trim and fertilize trees present,furnished,or replaced in leased premises; remove dead,diseased or damaged trees or limbs of trees,as deemed necessary.As such,PARCS is recommending the approval of the first amendment to the lease agreement. City Attorney has reviewed the attached lease and approved to form. ENVIRONMENTAL FINDINGS Staff has performed a preliminary environmental review of this project and has determined that it falls within the Categorical Exemption set forth in Section 15301/Class 1. Section 15301/ Class 1 exemption from CEQA requirements applies to the operation,repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public structures and facilities involving no expansion of use existing or former use. The current lease is for an existing structure and does not involve expansion of use. Furthermore, Staff has determined that none of the Categorical Exemptions set forth in the CEQA Guidelines, section 15300.2 apply to this project. LOCAL PREFERENCE Local Preference is not applicable to this item because this does not include an award of a construction or consultant contract. FISCAL IMPACT There is no additional impact to the General Fund as a result of approving the first amendment to the agreement. Attachment:First Amendment to Lease Agreement Original Lease Agreement Map City of Fresno Printed on 3/12/2021Page 2 of 3 powered by Legistar™ File #:ID 21-348,Version:1 City of Fresno Printed on 3/12/2021Page 3 of 3 powered by Legistar™ Map – Storyland/Playland City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 21-363,Version:1 REPORT TO THE CITY COUNCIL March 18, 2021 FROM:JEFF CARDELL, Director Personnel Services Department SUBJECT Actions pertaining to amending Sections 3-330, 33-336, 3-338, 3-353e, 3-408, 3-413, 3-415 and 3- 424e, 3-547, 3-550, 3-52 and 3-566e of the Fresno Municipal Code to Clarify and Conform the Disability and Death Provisions of the Fire and Police Retirement System and the Employees Retirement System. 1.BILL - (For Introduction) Amending Sections 3-330, 3-336, 3-338, and 3-353(e) of the Municipal Code Relating to the Disability, Death and DROP Provisions of the First Tier of the Fire and Police Retirement System. 2.BILL - (For Introduction) Amending Sections 3-547, 3-550, 3-552, and 3-556(e) of the Municipal Code Relating to the Disability, Death and DROP Provisions of the Employees Retirement System. 3.BILL - (For Introduction) Amending Sections 3-408, 3-413, 3-415, and 3-424(e) of the Municipal Code Relating to the Disability, Death and DROP Provisions of the Second Tier of the Fire and Policy Retirement System. RECOMMENDATION It is recommended that the City introduce Fresno Municipal Code amendments to codify the extension of favorable tax treatment of retirement benefits to eligible survivor(s)of a deceased member to conform to the Internal Revenue Code (IRC). EXECUTIVE SUMMARY Eligible survivors of deceased members receive a continued retirement benefit.Pursuant to the IRC, when the retirement benefit includes tax favored status,that same tax favored status is provided to the survivor.Amending the Fresno Municipal Code codifies the practice of the Retirement Boards and ensures the operative provisions of the retirement plans are compliant and consistent with the IRC. City of Fresno Printed on 3/12/2021Page 1 of 2 powered by Legistar™ File #:ID 21-363,Version:1 BACKGROUND Consistent with the advice of Tax and General Counsel, the Retirement Boards have approved and recommend to the City Council, revisions to the Retirement provisions in the Fresno Municipal Code to codify the extension of favorable tax treatment of retirement benefits to eligible survivor(s) of a deceased member to ensure compliance with the IRC. This update of the Fresno Municipal Code does not confer a new benefit. This update assures that the governing document for the plans is compliant with the tax code. ENVIRONMENTAL FINDINGS This is not a “project” for the purpose of CEQA pursuant to CEQA Guidelines Section 15378. LOCAL PREFERENCE The City’s Local Preference Ordinance (FMC 4-108)does not apply and this is not a purchase of services, materials, supplies or equipment, or a competitive bidding solicitation. FISCAL IMPACT There is no impact associated with the ultimate adoption of the amendments to the Fresno Municipal Code as the amendments expressly state the how favorable tax treatment of retirement benefits is provided to eligible survivors. Attachments: Ordinance Amending Sections 3-330, 3-336, 3-338, and 3-353(e) of the FMC Ordinance Amending Sections 3-408, 3-413, 3-415, and 3-424(e) of the FMC Ordinance Amending Sections 3-547, 3-550, 3-552, and 3-566(e) of the FMC City of Fresno Printed on 3/12/2021Page 2 of 2 powered by Legistar™ Page 9 of 13 partner only if the domestic partner had established a domestic partnership with the member prior to the date of the member's death. [(g) If the Board determines that a member's death was service- connected, the amount of the survivor benefit paid under this Section which equals one-third of the member’s final compensation, shall be in the nature of workmen's compensation and shall be nontaxable to the extent allowed by Section 104(a)(1) of the Internal Revenue Code. However, if any benefits paid under this Section are paid as a survivor annuity to the surviving spouse (or former spouse) or child(ren) of a member who qualifies as a public safety officer within the meaning of Section 101(h) of the Internal Revenue Code, and such member was killed in the line of duty, then the monthly death allowance shall be nontaxable to the extent allowed by Section 101(h) of the Internal Revenue Code.] SECTION 4. Section 3-566 of the Fresno Municipal Code at subsections (e)(3) and (e)(4) is amended by adding the following: (e) Additional DROP Provisions. (1) The effective date of DROP participation for a member shall be the first of the month following the date the Board approves the member's fully completed DROP application. (2) For a member whose effective date in DROP is prior to the effective date of Ordinance No. 2011-2 and notwithstanding Page 10 of 13 Section 3-523 (Normal Contributions of Members) and Section 3-553(e) (Cost of Living Adjustment), the member shall cease making contributions to the System. For a member whose effective date of participation in DROP is on or after the effective date of Ordinance No 2011 -2, the member shall continue to make contributions which shall be deposited into the member's DROP account. (3) If a member becomes disabled while participating in DROP, the member shall be eligible to apply for disability retirement and shall be subject to the same disability eligibility requirements [under Section 3-546] as if the member were not in DROP. Notwithstanding Section 3-547 (Allowance at Disability Retirement), if the Board grants the application, whether for [a service-connected or non service-connected] an industrial or non-industrial disability, the amount of the disability retirement allowance shall be the same as the amount then being credited monthly to the member's DROP account. [However, if the Board determines that the disability is service-connected, the amount of the aggregate disability retirement allowance which equals (or is less than) one-third of the member’s final compensation shall be in the nature of workmen's compensation and shall be nontaxable to the Page 11 of 13 extent allowed by Section 104(a)(1) of the Internal Revenue Code.] (4) If a member dies due to non service-connected causes while participating in DROP, the member shall be deemed to have died after retirement. [(5)] If a member dies on or after June 1, 2008 while participating in DROP and the Board determines that the causes are service-connected, the member shall be deemed to have suffered a service-connected death, with the survivorship benefit to be comprised solely of [one-half] the monthly amount currently being credited into the member's DROP account, adjusted for any optional modification elected by the member, and the balance in the DROP account paid pursuant to Sections 3-566(f) and 3-566(g)(2). [If the Board determines that the member's death was service-connected, the amount of the survivorship benefit which equals (or is less than) one-third of the member's final compensation shall be in the nature of workmen's compensation and shall be nontaxable to the extent allowed by Section 104(a)(1) of the Internal Revenue Code.] (65) If a member marries while participating in DROP, the marriage shall be deemed to have occurred prior to the City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 21-365,Version:1 REPORT TO THE CITY COUNCIL March 18, 2021 FROM:THOMAS ESQUEDA, City Manager Office of the Mayor & City Manager BY:H. SPEES, Director, Housing and Homeless Initiatives Planning & Development Department SUBJECT Actions pertaining to the Homeless Emergency Aid Program (HEAP): 1.Approve Amended Agreement with Fresno County Economic Opportunities Commission (EOC) for homeless youth services emergency shelter beds totaling $242,153.76 2.Approve Amended Agreement with Turning Point of Central California for triage center services totaling $1,863,000 3.Approve Amended Agreement with Focus Strategies for program management services totaling $170,571 RECOMMENDATION Staff recommends City Council approve the amended agreement with Fresno EOC adjusting their original budget projections for a total fee of $242,153.76;approve amended agreement with Turning Point of Central California to increase the number of triage beds from 37 at one location to 80 at two new locations for a total fee of $1,863,000;approve amended agreement with Focus Strategies for additional program management services in order to expand services totaling $170,571. EXECUTIVE SUMMARY All three original agreements were approved by City Council on July 1,2019,for a 24-month period ending on June 30,2021,for services funded by the HEAP program.In the course of HEAP implementation,adjustments have been required due to various circumstances including the impacts of the COVID 19 pandemic,the need to expand shelter beds and the additional costs associated with administration. Today’s action involves near-final budget adjustments that will assure the maximum utilization of HEAP funding. BACKGROUND City of Fresno Printed on 3/12/2021Page 1 of 4 powered by Legistar™ File #:ID 21-365,Version:1 In 2018,the City of Fresno was awarded funding through California’s Homeless Emergency Aid Program (HEAP)in the amount of $3,105,519.90,to provide for immediate responses to homelessness within the community.Agreements were entered into with organizations for the provision of Triage Center Services,Outreach,Homeless Employment,Family Services,Youth Services and Program Management.The following provides background for the required adjustment of the agreements for the provision of Youth Services,Triage Center Services and Program Management. Fresno EOC Homeless Youth Services The City awarded a 24-month contract to the Fresno County Economic Opportunities Commission for homeless youth services under the HEAP program in the amount of $300,000 beginning July 1,2019 through June 30, 2021. Responsibilities of the HEAP Homeless Youth Services contract include:1.)Providing 4 beds of Emergency Shelter Housing to a target population of youth,age 18-24,experiencing homelessness or who are at imminent risk of homelessness;2.)Linking homeless youth to housing as soon as possible upon client entry,continuing through the length of the program without preconditions or barriers;3.)Providing services as part of a continuum of services communitywide;4.)Providing intensive housing-focused services to set youth on the path to attaining permanent housing;5.) Offering services to those prioritized through the Coordinated Entry System;6.)Utilizing an existing permanent structure. The emergency shelter beds have been underutilized due in part to the COVID-19 pandemic. Additionally,the original budget was a projection because this is a new program for EOC.This amendment includes a budget adjustment that now coincides with their spend rate.The scope of work will remain the same. Excess funds will be applied to other HEAP projects Turning Point Triage Center Services: Golden State and Bridgepoint The City awarded a 24-month contract to Turning Point of Central California to develop and operate a 37-bed Golden State Triage Center under the HEAP program in the amount of $1,480,000 beginning July 1, 2019 through June 30, 2021. The Amended Agreement allows for the following expansion in triage center services: 1.Changing the venue of the Golden State Triage Center to the former Parkside Inn,one of the Fresno Housing Authority’s Project HomeKey motels,allowing Turning Point to expand services from 37 to 50 beds at no additional cost through June 30, 2021. 2.Adding the Bridgepoint Triage Center,a 30-bed facility owned by Turning Point,to provide additional triage services retroactively effective October 1,2020 through June 30,2021 for a cost of $42,555.58 per month or $383,000 for 9 months. 3.The total contract cost under this amended agreement will be $1,863,000 through June 30, 2021. Responsibilities of the HEAP Triage Center Services Contractor include: a)Providing a minimum of 80 beds of Triage Center/Emergency Shelter Housing to a target population of individuals or families experiencing homelessness or who are at imminent risk ofCity of Fresno Printed on 3/12/2021Page 2 of 4 powered by Legistar™ File #:ID 21-365,Version:1 population of individuals or families experiencing homelessness or who are at imminent risk of homelessness; b)Linking homeless individuals and families to housing as soon as possible upon client entry, continuing through the length of the program without preconditions or barriers; c)Providing services as part of a continuum of services communitywide; d)Providing intensive housing-focused services to set households on the path to attaining permanent housing; e)Offering services to those prioritized through the City of Fresno’s Outreach Services and the Coordinated Entry System; f)Utilizing existing permanent facilities. This contract was originally put out to bid as required by the City’s procurement process,providing potential contractors the opportunity to present proposals.Three proposals were received and the Selection Committee chose Turning Point of Central California,Inc.as the vendor presenting the best value with the most experienced and qualified team. In addition,Turning Point offers existing facilities configured as non-congregate shelter (a requirement during COVID-19 restrictions) to meet a wide array of client needs. Focus Strategies Project Management Agreement The City awarded a 24-month contract to the Focus Strategies to provide program management services for the service contracts funded under HEAP beginning July 1, 2019 through June 30, 2021. To date, Focus Strategies has worked with the City to: •Facilitate monthly meetings with HEAP funded service providers •Develop data reporting methods for HEAP funded service providers •Participate in bi-weekly project management calls with the City •Facilitate the development and implementation of City’s HMIS contract with Fresno Housing Authority as well as HMIS project set-up for HEAP funded service providers •Review invoices for HEAP funded service providers •Develop quarterly reports for the City Council Sub-Committee on Homelessness •Develop and submit all HCFC (Homeless Coordinating and Financing Council)/State required reporting including Quarterly Expenditure Reports and Annual Reports •Complete analyses and make recommendations for successfully expending HEAP funding within required timeframes This Amended Agreement covers the cost of additional program management services required as follows: 1.Modification of service agreements based on changing circumstances including the onset of COVID 19; 2.Strategic planning assistance associated with State HHAP funding,final HCFC HEAP report, HCFC HHAP annual report,attendance at HCFC Office Hours,coordination with HCFC as needed. 3.Added time and expenses amount to an additional $15,295. 4.The total contract cost under this amended agreement will be $170,571 through June 30, 2021. City of Fresno Printed on 3/12/2021Page 3 of 4 powered by Legistar™ File #:ID 21-365,Version:1 ENVIRONMENTAL FINDINGS This item is not a project as defined by the California Environmental Quality Act. LOCAL PREFERENCE Local preference was not implemented because these are amendments to existing agreements. FISCAL IMPACT There is no impact to the General Fund. The contract amendments will be funded through HEAP, and augmented by HHAP 1. Attachments: 1.HEAP Amended Agreement-Turning Point-HEAP Triage Services 03-18-2021 2.Exhibit A-HEAP Agreement-TPOCC-Triage Services 07-1-2019 3.HEAP Amended Agreement-Fresno EOC-Homeless Youth Services 3-18-2021 4.Exhibit A-HEAP Agreement-Fresno EOC-Homeless Youth Services 07-01-2019 5.HEAP Amended Agreement-Focus Strategies-Program Mgmt Services 3-18-2021 6.Exhibit A-HEAP Agreement-Focus Strategies-Program Mgmt Services 7-1-2019 City of Fresno Printed on 3/12/2021Page 4 of 4 powered by Legistar™ FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT (Amendment) made and entered into as of this 18th day of March 2021, amends the Agreement entered into between the CITY OF FRESNO, a California municipal corporation (City), and TURNING POINT OF CENTRAL CALIFORNIA, INC., a California corporation (Consultant). RECITALS WHEREAS, the City and the Consultant entered into an Agreement on July 1, 2019, (Agreement), to provide professional TRIAGE CENTER SERVICES for the HOMELESS EMERGENCY AID PROGRAM (HEAP), for a total fee of $1,480,000; and WHEREAS, the parties have negotiated a revised Scope of Services to increase the number of triage beds from 37 at one location to 80 at two new locations ; and WHEREAS, with an increase of triage beds the Consultant's compensation for triage services will increase for a total fee of $1,863,000; and WHEREAS, the City and the Consultant desire to keep the Term and Time for Performance contemplated in the Agreement without revision; and WHEREAS, with entry into this Amendment, the Consultant agrees it has no claim, demand, or dispute against the City. AGREEMENT NOW, THEREFORE, the parties agree that the Agreement be amended as follows: 1. The fee as referenced in Exhibit A (Agreement) of $1,480,000 shall be increased to a total fee not to exceed $1,863,000. The Consultant shall perform the additional work as provided in the amended scope of services, as provided in Exhibit B, see below. 2. Except as otherwise provided herein, the Agreement entered into by City and Consultant, dated July 1, 2019, remains in full force and effect. [Signatures follow on next page.] DocuSign Envelope ID: AEEBA085-EBC4-4E63-B4FC-6F55B53F9ACADocuSign Envelope ID: 13CC8B8B-4799-4B63-8A5F-D31A429EAA2A IN WITNESS WHEREOF, the Parties have executed this Amendment at Fresno, California, the day and year first above written. CITY OF FRESNO, A municipal corporation By: Thomas Esqueda Date City Manager APPROVED AS TO FORM: DOUGLAS T. SLOAN City Attorney By: Brandon M. Collet Date Senior Deputy City Attorney ATTEST: YVONNE SPENCE, CRM MMC City Clerk By: Date Deputy TURNING POINT OF CENTRAL CALIFORNIA, INC., A California corporation By: Name: Ray Banks Title: CEO (If corporation or LLC., Board Chair, Pres. or Vice Pres.) By: Name: Bruce Tyler Title: CFO (If corporation or LLC., CFO., Treasurer, Secretary or Assistant Secretary) Attachment: Exhibit B DocuSign Envelope ID: AEEBA085-EBC4-4E63-B4FC-6F55B53F9ACADocuSign Envelope ID: 13CC8B8B-4799-4B63-8A5F-D31A429EAA2A 3/11/2021 EXHIBIT B REVISED SCOPE OF SERVICES Turning Point of Central California, Inc. (The Consultant) for Triage Center Services for the Homeless Emergency Aid Program (HEAP) Emergency Shelter Locations:  Golden State Triage Center: Located in the former Parkside Motel, 1415 W. Olive Avenue, Fresno, 93728 Council District 3 Facility has 50 beds  Bridgepoint Triage Center: Located at 1642 L Street, Fresno, 93721 Council District 3 Facility has 30 beds  FAX bus lines run within a short walking distance making access to public transportation easy for program guests. 9-MONTH BRIDGEPOINT TRIAGE CENTER BUDGET (see below) DocuSign Envelope ID: AEEBA085-EBC4-4E63-B4FC-6F55B53F9ACADocuSign Envelope ID: 13CC8B8B-4799-4B63-8A5F-D31A429EAA2A DocuSign Envelope ID: AEEBA085-EBC4-4E63-B4FC-6F55B53F9ACADocuSign Envelope ID: 13CC8B8B-4799-4B63-8A5F-D31A429EAA2A FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT (Amendment) made and entered into as of this 18th day of March 2021, amends the Agreement entered into between the CITY OF FRESNO, a municipal corporation (City), and FRESNO COUNTY ECONOMIC OPPORTUNITIES COMMISSION, a California Corporation (Consultant). RECITALS WHEREAS, CITY and Consultant entered into an Agreement, dated July 1, 2019, for professional HOMELESS YOUTH SERVICES for the HOMELESS EMERGENCY AID PROGRAM (HEAP), (Agreement); and WHEREAS City and Consultant now desire to continue services for the remaining duration of the contract and reduce the total fee to $242,152.76. AGREEMENT NOW, THEREFORE, the parties agree that the Agreement be amended as follows: 1. The fee as referenced in Exhibit A (Agreement) of $300,000 shall be reduced to a total fee not to exceed $242,152.76 as referenced in Exhibit B (see below). 2. Except as otherwise provided herein, the Agreement entered into by City and Consultant, dated July 1, 2019, remains in full force and effect. [Signatures follow on the next page.] DocuSign Envelope ID: C8907306-8EBC-48AF-ADC4-8B28D5667E3F IN WITNESS WHEREOF, the Parties have executed this Amendment at Fresno, California, the day and year first above written. CITY OF FRESNO, A municipal corporation By: Thomas Esqueda Date City Manager APPROVED AS TO FORM: DOUGLAS T. SLOAN City Attorney By: Brandon M. Collet Date Senior Deputy City Attorney ATTEST: YVONNE SPENCE, CRM MMC City Clerk By: Date Deputy FRESNO COUNTY ECONOMIC OPPORTUNITIES COMMISSION, A California corporation By: Name: Title: (If corporation or LLC., Board Chair, Pres. or Vice Pres.) By: Name: Title: (If corporation or LLC., CFO., Treasurer, Secretary or Assistant Secretary) Attachments: 1. Exhibit A – Agreement 2. Exhibit B – Revised Budget DocuSign Envelope ID: C8907306-8EBC-48AF-ADC4-8B28D5667E3F Emilia Reyes Chief Executive Officer 3/8/2021 EXHIBIT B REVISED BUDGET Consultant Service Agreement between City of Fresno (City) and Fresno County Economic Opportunities Commission (Consultant) DocuSign Envelope ID: C8907306-8EBC-48AF-ADC4-8B28D5667E3F FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT (Amendment) made and entered into as of this 18th day of March 2021, amends the Agreement entered into between the CITY OF FRESNO, a municipal corporation (City), and FOCUS STRATEGIES, a California corporation (Consultant). RECITALS WHEREAS, the City and Consultant entered into an Agreement, dated July 1, 2019, for PROFESSIONAL PROJECT MANAGEMENT SERVICES for the HOMELESS EMERGENCY AID PROGRAM (HEAP) projects (Agreement); and WHEREAS City and Consultant now desire to continue services for the remaining duration of the contract and increase the total fee to $170,571. AGREEMENT NOW, THEREFORE, the parties agree that the Agreement be amended as follows: 1. The fee as referenced in Exhibit A (Agreement) of $155,000 shall be increased to a total fee not to exceed $170,571. 2. Except as otherwise provided herein, the Agreement entered into by City and Consultant, dated July 1, 2019, remains in full force and effect. [Signatures follow on the next page.] DocuSign Envelope ID: 5CFC0BB0-8113-4738-A0AA-2B07AC5BB992 IN WITNESS WHEREOF, the Parties have executed this Amendment at Fresno, California, the day and year first above written. CITY OF FRESNO, A municipal corporation By: Thomas Esqueda Date City Manager APPROVED AS TO FORM: DOUGLAS T. SLOAN City Attorney By: Brandon M. Collet Date Senior Deputy City Attorney ATTEST: YVONNE SPENCE, CRM MMC City Clerk By: Date Deputy FOCUS STRATEGIES A California corporation By: Name: Title: (If corporation or LLC., Board Chair, Pres. or Vice Pres.) By: Name: Title: (If corporation or LLC., CFO., Treasurer, Secretary or Assistant Secretary) DocuSign Envelope ID: 5CFC0BB0-8113-4738-A0AA-2B07AC5BB992 President Megan Kurteff Schatz 3/8/2021 City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 21-362,Version:1 REPORT TO THE CITY COUNCIL March 18, 2021 FROM:JENNIFER K. CLARK, Director Planning and Development Department BY:SUMMER CECIL, Project Manager Planning and Development Department SUBJECT Approve the Fourth Amendment to the Consultant Services Agreement with Byrne Software Technologies,Inc.,for professional services for Accela Land Management Support,increasing the contract amount by $75,000,for a total contract value of $525,000,and to extend the agreement to December 31, 2021. RECOMMENDATION Staff recommends City Council authorize the Director of Planning and Development or designee to sign the Fourth Amendment to the Consulting Services Agreement with Byrne Software Technologies,Inc.to extend the contract term length to December 31,2021,and to increase the total contract amount by $75,000,to continue providing technical support for the land management system. EXECUTIVE SUMMARY In 2016,after the implementation of the Mayor’s Business Friendly Fresno (BFF)initiative,Accela Civic Platform LMS was selected as the new land management system for the City of Fresno.This amendment will allow for the continued implementation and maintenance of the Land Management System, which multiple divisions utilize. In addition to the implementation and maintenance services that Accela offers through their licensing agreements,Byrne Software Technologies has provided additional support in configuration and customization within the system.These ongoing consulting services include assistance with training, custom scripts,reports,workflow changes,new record types,and quick fixes in the Accela system for the following:Building and Safety,Public Works,Public Utilities,Current Planning,Code Enforcement,and the Fire Department.Planning and Development is seeking continued expert assistance for enhancements to continue to improve the function of Accela for all divisions. City of Fresno Printed on 3/12/2021Page 1 of 2 powered by Legistar™ File #:ID 21-362,Version:1 BACKGROUND The City of Fresno entered into a contract with Accela in June of 2016 and went live with the system in April of 2018.For further implementation and configuration support,in Fiscal Year 2019,$150,000 was allocated for consulting services for Accela system enhancements;Byrne was the chosen service provider.This contract was approved by Council in October of 2018.A First Amendment was then entered into April 4,2019 to increase the total contract amount by an additional $200,000.A Second Amendment was then entered into December 31,2019 to increase the total contract amount by an additional $100,000.A third amendment was then entered into June 25,2020 to extend the contract term length, with no additional funding included. Byrne has delivered continued expert assistance with system enhancements in order to continue to improve the functionality of this system.Byrne also provides assistance with day-to-day troubleshooting issues and making minor workflow changes as needed,while also providing training to staff on how to respond to and correct these smaller programmatic issues. As part of this Forth Amendment,Byrne will continue to develop scripts,reports and other technical deliverables on an as-needed basis;assist the City with the transition into the new Accela software Version 10;and provide script training the newly hired Programmer Analyst IV assigned to support Accela. ENVIRONMENTAL FINDINGS By the definition provided in the California Environmental Quality Act Guidelines Section 15478, this item does not qualify as a “project” for the purposes of the California Environmental Quality Act. LOCAL PREFERENCE Local preference was not implemented because this is an amendment to an existing agreement. FISCAL IMPACT Support for this amendment is being provided by funds previously allocated in FY21 for Accela project system enhancements. Attachment: Byrne Fourth Amendment City of Fresno Printed on 3/12/2021Page 2 of 2 powered by Legistar™ 1 FOURTH AMENDMENT TO AGREEMENT THIS FOURTH AMENDMENT TO AGREEMENT (Amendment) made and entered into as of this _______ day of March 2021, amends the Agreement heretofore entered into between the CITY OF FRESNO, a municipal corporation (City), and Byrne Software Technologies, Inc., a Missouri corporation (Consultant). RECITALS WHEREAS, City and Consultant entered into an Agreement, dated September 7, 2018, for services related to professional services for Accela System Support (Agreement); and WHEREAS, City and Consultant entered into a First Amendment, dated April 1, 2019, to increase the total contract amount by an additional $200,000; and WHEREAS, City and Consultant entered into a Second Amendment, dated December 31, 2019, to modify the Agreement to increase the total contract amount by an additional $100,000, extend the contract term length until June 30, 2020, and to add additional scope items; and WHEAREAS, City and Consultant entered into a Third Amendment, dated June 25, 2020, to extend the contract term length until June 30, 2021 and to add additional scope items; and WHEREAS, City and Consultant desire to enter into this Fourth Amendment to modify the Agreement to increase the total contract amount by an additional $75,000, extend the contract term length to December 31, 2021, and to add additional scope items. AGREEMENT NOW, THEREFORE, the parties agree the Agreement be amended as follows: 1. Section 3 of the Agreement is amended such that the Consultant’s sole compensation for satisfactory performance of all services required or rendered pursuant to this Agreement shall be a total fee not to exceed $525,000, paid on the basis of the rates set forth in the schedule of fees and expenses contained in Exhibit A of the original contract. 2. The Project Performance Period shall be extended until December 31, 2021. 3. The services of Consultant as defined in Exhibit A – Existing Scope of Services of the original agreement shall be amended to include Additional Scope of Services in Exhibit B. 4. In the event of any conflict between the body of this Amendment and the Agreement, the terms and conditions of the body of this Amendment shall control and take precedence over the terms and conditions expressed within the Agreement. Furthermore, any terms or conditions contained within the Agreement which purport to DocuSign Envelope ID: CACF5FD1-3BD5-4154-81DE-2E3E00FAB0BB 2 modify the allocation of risk between the parties, provided for within the body of this Amendment, shall be null and void. IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno, California, on the day and year first above written. CITY OF FRESNO, A California municipal corporation By: Jennifer K. Clark, AICP Director, Planning and Development Department APPROVED AS TO FORM: DOUGLAS T. SLOAN City Attorney By: Brandon M. Collet Date Senior Deputy City Attorney ATTEST: YVONNE SPENCE, CRM MMC City Clerk By: Date Deputy BYRNE SOFTWARE TECHNOLOGIES, INC., A Missouri corporation By: Name: Title: (If corporation or LLC., Board Chair, Pres. or Vice Pres.) By: Name: Title: (If corporation or LLC., CFO, Treasurer, Secretary or Assistant Secretary) REVIEWED BY: Summer Cecil Addresses: CITY: City of Fresno Attention: Summer Cecil Project Manager 2600 Fresno Street, Suite 3065 Fresno, CA 93721 Phone: (559) 621-8166 Email: Summer.Cecil@fresno.gov CONSULTANT: Byrne Software Technologies, Inc. Attention: Robert Cook Vice President 16091 Swingley Ridge Road, Suite 200 Chesterfield, MO 63017 Phone: 636-573-2505 FAX: 636-537-2666 Attachments: 1. Exhibit A – Scope of Services 2. Exhibit B – Additional Scope of Services DocuSign Envelope ID: CACF5FD1-3BD5-4154-81DE-2E3E00FAB0BB 3/11/2021 Bob Cook Chief Business Officer 3/12/2021 3/12/2021 3/12/2021 DocuSign Envelope ID: CACF5FD1-3BD5-4154-81DE-2E3E00FAB0BB DocuSign Envelope ID: CACF5FD1-3BD5-4154-81DE-2E3E00FAB0BB DocuSign Envelope ID: CACF5FD1-3BD5-4154-81DE-2E3E00FAB0BB 1 City of Fresno, CA Accela Services 2021 PROPOSAL v1.0 Byrne Software Technologies, Inc. Accela Civic Platform Licensing System |Mobile Field Collaboration | Permitting System | Code Enforcement | Inspections |Workflow & Record Keeping | and More! Prepared for: Ed Smith Provisional Information Systems Manager – GIS Division Information Services Department City of Fresno 2600 Fresno St, Fresno, CA 93721 DocuSign Envelope ID: CACF5FD1-3BD5-4154-81DE-2E3E00FAB0BB 2 Table of Contents  Revision Log .................................................................................................................................................. 3  Purpose ......................................................................................................................................................... 3  Deliverables ................................................................................................................................................... 3  General Assumptions .................................................................................................................................... 3  Rate ............................................................................................................................................................... 4  Travel Expenses ............................................................................................................................................. 5  Change Control ............................................................................................................................................. 5  Confidential Information .............................................................................................................................. 5  Representations and Warranties .................................................................................................................. 6  Non‐Solicitation of Byrne Software Employees ............................................................................................ 6  Project Schedule ........................................................................................................................................... 6  Termination ................................................................................................................................................... 6  Summary ....................................................................................................................................................... 6  Signature and Acceptance ............................................................................................................................ 7  DocuSign Envelope ID: CACF5FD1-3BD5-4154-81DE-2E3E00FAB0BB 3 Revision Log  This log provides a synopsis of revisions made to this document.  Version Date Author Description 1.0  2/26/2021  Amber Digenan  Initial Document        Purpose  Byrne has provided ongoing support for the City of Fresno and its Accela implementation.  As  processes are refined and changed within the agency, Byrne will support the analysis,  configuration, scripting and reporting of those changes.    Byrne will also continue to support any upgrade efforts of the on premise Accela environments  (Test, Development and Production).    Deliverables  The following projects have been started and are near completion or ready for Agency testing. Additional hours are needed to resolve any additional requests and support promoting the configurations to production. Department Item Description Current Status Building Building: Residential Record workflow update to  include Certificate of Occupancy Agency Testing Building Notifications for Expired Permits (Building) Agency Testing Building Site Inspection auto assignment (Building) Agency Testing Building Block inspections and issuance when fees are not  paid Byrne Testing Building Notification when fee is invoiced to application  (Building) Byrne Testing Building Final Inspection Complete workflow update fix In Progress Building Automate Routing ‐ anything for multiple reviews in  Building In Progress IT Fresno Upgrade In Progress Parks Updates to workflow assignment for Special Event record and go live support Agency Testing The following projects have not yet started and are new requests. Department Item Description Current Status Building Expired Permits report New Building Notify on Revision Required New Building COG Process  New  Building Create set process for address locks  New  DocuSign Envelope ID: CACF5FD1-3BD5-4154-81DE-2E3E00FAB0BB 4 Building Prevent Inspection scheduling based on Trades Affected   New  Building Updates to Events record to create Tents record  New  Fire Fire Updates to report New Fire Require email address for Fire applications New Planning Planning Introduction Letter Automation not  grabbing record info New Planning Street Name Change Record Creation New Planning Ministerial Zone Clearance changes New  Planning Appeals Record Auto generate  New  Planning Planning Design Review Record New  The following are typical ongoing ad-hoc requests from the various departments. Department Item Description Building, Planning and Fire Report modifications or new report requests IT Support for installation and interfaces IT/Accela Admin Support for report and system configuration questions  Building Assist in troubleshooting user issues  Summary of Services Estimate Item No. Item Description Estimated Hours Rate Total 1 Activities/Projects in Progress  Upgrade to version 20   Building automations completion  and implementation to  Production  100 125 $12,500  2 New Project requests for Building,  Planning and Fire 300  125  $37,500  3 Support for report and system  configuration questions (15‐20hrs per  month for 12 months)  200 125 $25,000    Total Estimated Hours  600    $75,000  General Assumptions  1. Byrne Software may utilize “GoTo Meeting” or “WebEx”, for remote Discovery and  review meetings.  Onsite meetings will also be used when applicable.  2. Remote and local access to the City of Fresno environment is available to Byrne  personnel.  This will include sufficient security privileges to perform services as required.  Rate  The rate for all work related to this project is $125/hour.  The rate applies to all onsite and  offsite work.  DocuSign Envelope ID: CACF5FD1-3BD5-4154-81DE-2E3E00FAB0BB 5 Travel Expenses  Travel expenses would only apply if on‐site meetings/training is required by the City.   Reasonable travel expenses would be approved by the City, in advance.    Change Control  To help contain the cost associated with the development of software, Byrne Software will  utilize change control management.  This process estimates the impact on the project if the  client requests change to requirements after the design has been finalized.  This procedure also  helps Byrne Software advise clients of adjustments to the schedule and/or the total cost for any  change and authorizes Byrne Software to proceed on approved changes.       Our change control documents will itemize all of the requested changes, noting the item’s  priority and cost and schedule impact.  Using this document, the City may determine what  changes are truly necessary in order to meet their business needs and stay within the  acceptable budget and schedule.    When the scope of the change has been finalized, Byrne Software will issue a Change Order  Authorization document, listing the final change items, budget and schedule impact. When the  Change Order Authorization has been approved and signed, Byrne Software will add the  additional tasks to the schedule.  Confidential Information  Byrne Software recognizes and acknowledges that it may receive access to certain proprietary  and confidential business information of Client, which Client expressly identifies as Confidential  or is not known to be in the public domain, such as, client lists, marketing strategies and  methods, software, and planning strategies (“Confidential Information”).  Byrne Software will  not, during or after the term of this Agreement for so long as such information shall be  confidential, use or disclose to any third person for any reason any Confidential Information  and will not disclose or make available to any third person, firm or corporation any reports,  recommendations and/or work product which Byrne Software produces for Client.    Intellectual Property Rights All applicable software developed by Byrne Software pursuant to this Statement of Work is the  property of the City of Fresno. All original written materials, including programs, listing and  other programming documentation prepared under this Agreement, may be used by the City  modified or added to in any manner that it deems appropriate. The City cannot sell, resell,  transfer, copy, host or allow any use other than by the City of Fresno. Billing and Payment Schedule All services are provided on a time and material basis plus any out of pocket expenses, unless  documented in the Proposal. Estimates given are not considered as a fixed bid unless  specifically stated as such, in writing, by Byrne Software. The City will only be charged for the  time spent to complete; if additional hours are required a change order must be first approved  by the City. Byrne Software bills weekly for services provided the previous week. Billing terms  DocuSign Envelope ID: CACF5FD1-3BD5-4154-81DE-2E3E00FAB0BB 6 are Net 30; a 1.5% penalty per month will be assessed for any late payments. A billing rate of  $125/hour will be used through the project. Representations and Warranties  Byrne Software Technologies represents and warrants to the City that the services under this  engagement shall be performed in a good and workmanlike, professional and timely manner  consistent with customary industry practice.  Non‐Solicitation of Byrne Software Employees  During the term of this engagement and for a period of one (1) years after termination of this  Agreement, City of Fresno shall not hire or contract with, directly or indirectly, in any capacity, a  Byrne Software employee who performed services to the City, or any person, firm, corporation,  partnership, association or entity employing or affiliated with such Byrne Software employee,  to perform any services of any kind whatsoever for the City.  Project Schedule  Byrne Software will coordinate a scheduled start date with the City of Fresno for effort upon  acceptance of the Proposal as noted by City of Fresno signature.  Byrne Software will prepare  an Agenda for review and concurrence by the City.  Termination  Either party may terminate if the other party materially breaches this proposal and, after  receiving a written notice describing the circumstances of the default, fails to correct the  breach within thirty (30) calendar days.  Upon any termination or expiration of this proposal, all  rights granted to City are cancelled and revert to Byrne Software. City will pay all outstanding  invoices and any monies due based on the terms described in this proposal.  Summary  I am authorized to bind the company contractually. For any questions regarding this response  or subsequent phases, please contact Brian McAllister, Associate Vice President, at (636)‐534‐ 6138 or bdm@byrnesoftware.com.     Sincerely,  Bob Cook  Chief Business Officer  Byrne Software Technologies, Inc.  rec@ByrneSoftware.com  636‐537‐2505   DocuSign Envelope ID: CACF5FD1-3BD5-4154-81DE-2E3E00FAB0BB 7 Signature and Acceptance    City of Fresno, CA                                                             Byrne Software Technologies, Inc.  By: By: Title: Title: Date: ___________________________ Date: ______________________________  DocuSign Envelope ID: CACF5FD1-3BD5-4154-81DE-2E3E00FAB0BB City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 21-349,Version:1 REPORT TO THE CITY COUNCIL March 18, 2021 FROM:SCOTT L. MOZIER, PE, Director Public Works Department BY:MIGUEL RAMIREZ, Community Coordinator Public Works Department, Landscape Maintenance Division SUBJECT Actions related to the Freeway Litter Abatement Project: 1.***RESOLUTION -68th Amendment to the Annual Appropriations Resolution No.2020-159 Appropriating $197,000 from the California Department of Transportation for the Freeway Litter Abatement Project (Requires 5 votes) (Subject to Mayor’s veto) 2.Approve Contract Change Order No.2 to the Highway Litter Control Contract with Landscape Maintenance of America dba California Highway Adoption Co,in the amount of $195,194,increasing the total FY21 contract amount to $512,070. RECOMMENDATION Staff recommends City Council adopt the 68th amendment to the Annual Appropriations Resolution (AAR)No. 2020-159 in order to receive $197,000 of additional funding from Caltrans;and approve Contract Change Order No.2,in the amount of $195,194,with Landscape Maintenance of America dba California Highway Adoption Co for the Highway Litter Control,to increase service frequency to four times per month on all four State highways through June 30, 2021. EXECUTIVE SUMMARY Caltrans has extended the opportunity to the City of Fresno to receive an additional $197,000 for highway litter control,to be expended between now and July 1,2021.Staff has negotiated a contract change order with our current vendor,Landscape Maintenance of America dba California Highway Adoption Co.,in the amount of $195,194,to increase service frequency to four times per month on all four State highways.The vendor will add a second all-local litter control crew to provide these services.Currently State Routes 41 and 99 are cleaned two times per month,so this change order will increase the level of service to four times per month on all four State highways.Similarly,State Routes 168 and 180 are cleaned once per month,so this change order will increase service dramatically to four times per month.Time is of the essence in order to mobilize the local workforce and begin these new service cycles,to expend the fund prior to the July 1,2021 deadline.Staff recommends Council approval in order to utilize these State dollars and greatly improve our community. BACKGROUND City of Fresno Printed on 3/12/2021Page 1 of 3 powered by Legistar™ File #:ID 21-349,Version:1 On January 16,2020,City Council approved a contract with Landscape Maintenance of America dba California Highway Adoption Co.for $197,376 to provide monthly highway litter control along California State Routes 41,99,168 and 180 throughout City of Fresno (City)limits.On May 14,2020,City Council approved a City-initiated contract change order for $119,500 to utilize savings in available funding to increase litter control from one time per month to two times per month,for a total of twenty-four times per year on Highways 41 and 99. The City has been regularly working with Caltrans and seeking additional funding and resources to deal with the serious problems along our freeways.Staff is pleased to report that Caltrans has made an additional $197,000 available to be spent between now and July 1,2021.Staff has negotiated a contract change order with our current vendor,Landscape Maintenance of America dba California Highway Adoption Co.,in the amount of $195,194,to increase to four times per month litter control services on all four State highways.The additional one-time funding will allow Landscape Maintenance of America dba California Highway Adoption Co to hire an additional local crew and ramp up litter removal service to provide this enhanced service for the months of April, May, and June in 2021. Actual work began on the Highway Litter Control Program on March 9,2020,with monthly clean-up service of State Routes 41,99,168 and 180.Service was increased in May 2020 to two clean-up cycles per month on State Routes 41 and 99.Through the end of February 2021,the Highway Litter Control team picked up 8,406 bags of litter, equating to approximately 69 tons of trash along freeways in the City of Fresno. The standard annual program has full funding available as previously approved by the Council,which includes outside funding from Measure “C”and Caltrans District 6.The City of Fresno provides a local match of $100,000,Fresno County Transportation Authority contributes $100,000,and Caltrans contributes $200,000 for the total of $400,000 in support of the Highway Litter Program. In a parallel effort,staff is pursuing efforts to incorporate homeless individuals into the clean-up effort, consistent with previous Council direction.Staff is also working with Caltrans on a draft agreement to utilize Adult Offender Work Program (AOWP)workers for additional clean-up and light weeding efforts at freeway interchanges.The Department’s goal is to return to Council with both of these items by the end of the fiscal year,although AOWP workers will very likely not be available until COVID-19 restrictions are lifted for multiple individuals being transported together in a vehicle. ENVIRONMENTAL FINDINGS Pursuant to California Environmental Quality Act (CEQA)Guidelines section 15378,this is not a project as defined by CEQA LOCAL PREFERENCE Local preference was not implemented because this change is to an existing construction contract. FISCAL IMPACT There will be no impact to the General Fund associated with the recommended action. Attachment: Resolution (AAR) Caltrans Amendment Letter Change Order No. 2 City of Fresno Printed on 3/12/2021Page 2 of 3 powered by Legistar™ File #:ID 21-349,Version:1 City of Fresno Printed on 3/12/2021Page 3 of 3 powered by Legistar™ Date Adopted: 1 of 2 Date Approved: Effective Date: Resolution No. RESOLUTION NO. ___________ A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO ADOPTING THE 68th AMENDMENT TO THE ANNUAL APPROPRIATION RESOLUTION NO. 2020-159 APPROPRIATING $197,000 FOR THE FREEWAY LITTER ABATEMENT PROJECT BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FRESNO: THAT PART III of the Annual Appropriation Resolution No. 2020-159 be and is hereby amended as follows: Increase/(Decrease) TO: PUBLIC WORKS DEPARTMENT State Contracted Services $ 197,000 THAT account titles and numbers requiring adjustment by this Resolution are as follows: State Contracted Services Revenues: Account: 33401 State-Grant $ 197,000 Fund: 24061 Org Unit: 189901 Total Revenues $ 197,000 Appropriations: Account: 54241 Landscaping & Grounds Maint $ 197,000 Fund: 24061 Org Unit: 189901 Project: PW00889 Total Appropriations $ 197,000 THAT the purpose is to appropriate $197,000 for the Freeway Litter Abatement Project. 2 of 2 CLERK’S CERTIFICATION 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, California, at a regular meeting thereof, held on the Day of , 2021 AYES: NOES: ABSENT: ABSTAIN: Mayor Approval: , 2021 Mayor Approval/No Return: , 2021 Mayor Veto: , 2021 Council Override Veto: , 2021 YVONNE SPENCE, MMC City Clerk BY: ____________________________ Deputy STATE OF CALIFORNIA—CALIFORNIA STATE TRANSPORTATION AGENCY GAVIN NEWSOM, Governor “Provide a safe, sustainable, integrated and efficient transportation system to enhance California’s economy and livability” DEPARTMENT OF TRANSPORTATION DISTRICT 6 OFFICE 1352 WEST OLIVE AVENUE P.O. BOX 12616 FRESNO, CA 93778-2616 PHONE (559) 488-4144 FAX (559) 488-4195 TTY 711 www.dot.ca.gov Making Conservation a California Way of Life February 17, 2021 Scott Mozier Public Works Director City of Fresno 2600 Fresno St Fresno, CA 93721 Dear Mr. Mozier: This is regarding Delegated Maintenance Agreement No. TR 06-9-0002 between Department of Transportation (Caltrans) and City of Fresno for Litter Pickup. Caltrans Headquarters Division of Maintenance have authorized to provide a one-time allotment of funds for an additional $197,000 for litter pickup to be expended on the following State Route (SR): Route No. Existing Annual Expenditure Proposed Increase Expenditure Revised Maximum Annual Authorized Expenditure SR41 $58,000.00 $57,130.00 $115,130.00 SR99 $66,000.00 $65,010.00 $131,010.00 SR168 $20,000.00 $19,700.00 $39,700.00 SR180 $56,000.00 $55,160.00 $111,160.00 The funds shall be expended prior to July 1, 2021. Per the provisions of the Delegated Maintenance Agreement, please notify us of your acceptance of these adjustments. If you have any further questions, please contact Jason Miao, Office Chief of Maintenance, at (559) 341-7990 or by email to jason.miao@dot.ca.gov. Sincerely, JOHN LIU Deputy District Director Maintenance and Operations City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 21-351,Version:1 REPORT TO THE CITY COUNCIL March 18, 2021 FROM:SCOTT L. MOZIER, PE, Director Public Works Department BY:RANDALL W. MORRISON, PE, Assistant Director Public Works Department, Engineering Division WILLIAM C. HERR, Assistant Director Public Works Department, Facilities and Construction Management Divisions SUBJECT Actions pertaining to the Fulton Street Reconstruction Project construction contract with American Paving Company of Fresno, California (Council District 3): 1.Approve Settlement Agreement and Mutual Release,in the amount of $321,335,with American Paving Company,Royston,Hanamoto,Alley &Abey and Provost &Pritchard Engineering Group, Inc. 2.Approve Contract Change Order No.74,which increases the construction contract amount by $208,867.75 with American Paving Company of Fresno, California RECOMMENDATIONS Staff recommends that the City Council approve a Settlement Agreement and Mutual Release,in the amount of $321,335.00,with American Paving Company (APC),Royston,Hanamoto,Alley &Abey (RHAA)and Provost &Pritchard Engineering Group,Inc.(PPE),Approve Contract Change Order No. 74,which increases the construction contract amount by $208,867.75 with American Paving Company of Fresno,California,and authorize the Public Works Director or designee to execute the settlement agreement and final contract change order on behalf of the City of Fresno. EXECUTIVE SUMMARY Fulton Street is now open to the public for all modes of transportation following the successful ribbon cutting ceremony on October 21,2017.Even though our “Main Street”is back,City staff has continued to work closely with APC on the outstanding punch list corrections related to the concrete sidewalk deficiencies.Contract Change Order No.74 provides for repairs to the decorative concrete flatwork and bands that have failed.A significant amount of the concrete flatwork and aggregate bands have lifted and cracked and must be permanently repaired.The total cost to repair the City of Fresno Printed on 3/12/2021Page 1 of 3 powered by Legistar™ File #:ID 21-351,Version:1 bands have lifted and cracked and must be permanently repaired.The total cost to repair the concrete is $321,335.00.Lengthy investigative work as to the cause has been done by the design consultant,the contractor,the concrete supplier and the City with differing opinions of the cause being offered by each party. In order to resolve this matter a sharing agreement is being proposed where the design consultants will compensate the City for 35%of the aforementioned $321,335.00,the Contractor will also cover 35%,with the City being responsible for the remaining 30%,approximately $96,400.50.The Project has sufficient funding to cover the City’s responsibility in the proposed agreement.The Fulton Street Reconstruction Project funding sources include the Federal Transportation Investment Generating Economic Recovery (TIGER)grant,local Measure C Transit Oriented Development Funds,local Gas Tax funding, and a contribution from the Downtown Fresno Partnership. BACKGROUND The Fulton Street Reconstruction Project improved the half mile stretch of Fulton Street between Tuolumne Street and Inyo Street.The pedestrian mall was completely removed and reconstructed with a complete streets design that included reintroducing two-way vehicular traffic on Fulton and the side streets of Merced,Mariposa,and Kern,with the exceptions that Kern between Fulton and Chukchansi Park and Mariposa between Federal Alley and Van Ness remain pedestrian plazas. Under City of Fresno Resolution 2017-158,multiple change orders,which aggregate more than 10% of the total contract price,shall be subject to prior authorization from City Council.On August 31, 2017,Council approved Contract Change Order No.65,which brought the aggregate change order amount to 12.08%of the original contract amount following the large deductive Contract Change Order No.1.Approval of Contract Change Order No.74 will bring the aggregate change order amount to $2,986,751.76,equaling 15.03%of the contract amount.The updated total contract amount including this change order will be $22,854,966.41. Contract Change Order No.74 provides for repairs to the decorative concrete flatwork and bands that have failed.A significant amount of the concrete flatwork and aggregate bands have lifted and cracked and must be permanently repaired.The total cost to repair the concrete is $321,335.00. Lengthy investigative work as to the cause has been done by the design consultant,the contractor, the concrete supplier and the City with differing opinions of the cause being offered by each party. In order to resolve this matter a sharing agreement is being proposed where the design consultant will compensate the City for 35%of the aforementioned $321,335.00,the Contractor will also cover 35%,with the City being responsible for the remaining 30%.After being reimbursed by RHAA and PPE in the amount of $112,467.25,the net cost of this work to the City is $96,400.50.The proposed Settlement Agreement with APC,RHAA and PPE and Contract Change Order No.74 with APC, attached hereto, reflect this cost sharing arrangement. This change order,along with the proposed settlement agreement,was scheduled to be presented to the Construction Oversight Board on March 1,2021,but the meeting was canceled due to a lack of quorum. The item was then rescheduled for March 15, 2021. Staff recommends that City Council approve a Settlement Agreement and Mutual Release,in the amount of $321,335.00,with APC,RHAA and PPE and approve Contract Change Order No.74 with APC for a total increase in contract amount of $208,867.75 for the Fulton Street ReconstructionCity of Fresno Printed on 3/12/2021Page 2 of 3 powered by Legistar™ File #:ID 21-351,Version:1 APC for a total increase in contract amount of $208,867.75 for the Fulton Street Reconstruction Project. No change in contract time is included in the subject contract change order. ENVIRONMENTAL FINDINGS By the definition set forth within California Environmental Quality Act (CEQA)Guidelines,section 15378,the approval of these Contract Change Orders does not qualify as a project for the purpose of CEQA. LOCAL PREFERENCE Local preference is not applicable because these agreements do not include a bid or award of a construction or services contract. FISCAL IMPACT This contract change order will have no impact to the General Fund and will be completely funded with contingency funds already included in the approved project budget.Contract Change Order No. 74 will be a net increase $208,867.75,of which $112,467.25 will be funded by the settlement agreement with RHAA and PPE.The Fulton Street Reconstruction Project funding sources include the Federal TIGER grant,local Measure C Transit Oriented Development Funds,local Gas Tax funding, and a contribution from the Downtown Fresno Partnership. Attachments: Settlement Agreement and Mutual Release Contract Change Order No. 74 City of Fresno Printed on 3/12/2021Page 3 of 3 powered by Legistar™ 1a & 2a 1b & 2b 5b Alternate R&R Band Sawcut & Press Slab Sawcut Replace Field Replace Field Replace Bands Minor Grinding R&R Field Completed & Accepted (LF)(LF)(LF)(SF)(SF)(LF)(LF)(SF) 1-1W Condition 1a Aggregate band replace, grout under adjacent field slabs. 3 LF $ xxx 4/1/2020 1-2W Condition 1a Aggregate band replace, grout under adjacent field slabs. 8 LF 8.00 1-3W Condition 1a Aggregate band replace, grout under adjacent field slabs. 8 LF 8.00 1-4W Condition 1a Aggregate band replace, grout under adjacent field slabs. 3 LF 3.00 1-4W.1 Condition 1a Aggregate band replace, grout under adjacent field slabs. 3 LF 3.00 Condition 1a Aggregate band replace, grout under adjacent field slabs. 5 LF 5.00 Sawcut 1/3 to ¼ depth of slab at an opportune location for field slab to drop with additional load. 2 LF 2.00 Replace concrete as needed. 1/2 (2x2)2.00 1-6W Condition 1a Aggregate band replace, grout under adjacent field slabs. 9 LF 9.00 Sawcut 1/3 to ¼ depth of slab at an opportune location for field slab to drop with additional load. 3 LF Sawcut 3.00 Replace concrete as needed. 1/2x(3x2.5)3.75 1-7W.1 Crack at Corner - Check with City 4/1/2020 1-7W.2 Spalling at Corner of WCR - Check with City 4/1/2020 1-8W Condition 1a Aggregate band replace, grout under adjacent field slabs. 4 LF 4.00 1-9W Condition 1a Aggregate band replace, grout under adjacent field slabs. 4 LF 4.00 1-9W.1 Condition 1a Aggregate band replace, grout under adjacent field slabs. 5 LF 5.00 1-10W Condition 1a Aggregate band replace, grout under adjacent field slabs. 6 LF 6.00 1-10W.1 Condition 1a Aggregate band replace, grout under adjacent field slabs. 4 LF 4.00 1-5W FULTON STREET SUPER BLOCK 1 WEST 3, 5a & 6 KEY CONDITION OR DESCRIPTION SUGGESTED REMEDIATION QTY / UNIT EST. COST 1-7W Condition 2b Condition 2b 1a & 2a 1b & 2b 5b Alternate R&R Band Sawcut & Press Slab Sawcut Replace Field Replace Field Replace Bands Minor Grinding R&R Field Completed & Accepted (LF)(LF)(LF)(SF)(SF)(LF)(LF)(SF) FULTON STREET SUPER BLOCK 1 WEST 3, 5a & 6 KEY CONDITION OR DESCRIPTION SUGGESTED REMEDIATION QTY / UNIT EST. COST 1-11W Condition 1a Aggregate band replace, grout under adjacent field slabs. 11 LF 11.00 1-11W.1 Condition 1a Aggregate band replace, grout under adjacent field slabs. 5 LF 5.00 1-12W Condition 1a Aggregate band replace, grout under adjacent field slabs. 10 LF 10.00 1-13W Condition 1a Aggregate band replace, grout under adjacent field slabs. 3 LF 3.00 1-13W.1 Condition 1a Aggregate band replace, grout under adjacent field slabs. 8 LF 8.00 Condition 5b Possibly grind/bevel between field concrete and back of curb to conform. ~ 10 LF Condition 5a Determine acceptable location to sawcut and replace field concrete. 1-4W.1 Condition 1a Aggregate band replace, grout under adjacent field slabs. 8 LF 8.00 Condition 2b Sawcut min 1/3 depth of slab at an opportune location for field slab to drop with additional load. 2 LF Sawcut Condition 5a Replace concrete as needed. (2x2) Quantity 104.0 5.0 0.0 0.0 0.0 0.0 0.0 5.8 # Locations 17.0 2.0 0.0 0.0 0.0 0.0 0.0 2.0 1-1E Condition 1a Aggregate band replace, grout under adjacent field slabs. 3 LF 4/1/2020 1-2E Condition 5b Minor beveling (edge grind) of field concrete 1 LF 4/1/2020 Sawcut min 1/3 depth of slab at an opportune location for field slab to drop with additional load. 3 LF Sawcut Replace concrete as needed. 1/2x(2x2) Sawcut min 1/3 depth of slab at an opportune location for field slab to drop with additional load. ~ 4 LF Sawcut Replace concrete as needed. 1-5E Condition 1a Aggregate band replace, grout under adjacent field slabs. ~ 5 LF ? 4/1/2020 1-15W 1-3E Condition 2b 1-14W FULTON STREET SUPER BLOCK 1 EAST 1-4E Condition 2b 4/1/2020 4/1/2020 4/1/2020 4/1/2020 1a & 2a 1b & 2b 5b Alternate R&R Band Sawcut & Press Slab Sawcut Replace Field Replace Field Replace Bands Minor Grinding R&R Field Completed & Accepted (LF)(LF)(LF)(SF)(SF)(LF)(LF)(SF) FULTON STREET SUPER BLOCK 1 WEST 3, 5a & 6 KEY CONDITION OR DESCRIPTION SUGGESTED REMEDIATION QTY / UNIT EST. COST Sawcut min 1/3 depth of slab at an opportune location for field slab to drop with additional load. ~ 4 LF Sawcut Replace concrete as needed. NOT NEEDED. 1-7E Condition 3 Replace concrete as needed. 1/2 (4x3)4.00 6.00 1-8E Condition 5b Minor beveling (edge grind) of field concrete ~ 2 LF 4/1/2020 1-9E Condition 5b Minor beveling (edge grind) of field concrete ~1 LF 4/1/2020 1-9E.1 Condition 1a Aggregate band replace, grout under adjacent field slabs. 4 LF 4.00 1-10E.1 Condition 1a Aggregate band replace, grout under adjacent field slabs. 3 LF 3.00 1-10E.2 Condition 1a Aggregate band replace, grout under adjacent field slabs. 2 LF 2.00 1-10E.3 Condition 1a Aggregate band replace, grout under adjacent field slabs. 5 LF 5.00 Condition 5b Possibly grind/bevel. 5 LF Conditon 5a Determine acceptable location to sawcut and replace field concrete. 2'x5' 1-11E.1 Condition 1a Aggregate band replace, grout under adjacent field slabs. 4 LF 4.00 1-11E.2 Condition 1a Aggregate band replace, grout under adjacent field slabs. 4 LF 4.00 1-11E.3 Condition 1a Aggregate band replace, grout under adjacent field slabs. 4 LF 4.00 1-11E.4 Condition 1a Aggregate band replace, grout under adjacent field slabs. 4 LF 4.00 1-11E.5 Condition 1a Aggregate band replace, grout under adjacent field slabs. 4 LF 4.00 1-12E Condition 1a Aggregate band replace, grout under adjacent field slabs. 2 LF 2.00 1-12E.1 Condition 1a Aggregate band replace, grout under adjacent field slabs. 5 LF 5.00 Condition 5b Possibly grind/bevel. 1-6E Condition 2b 1-11E 4/1/2020 4/1/2020 1a & 2a 1b & 2b 5b Alternate R&R Band Sawcut & Press Slab Sawcut Replace Field Replace Field Replace Bands Minor Grinding R&R Field Completed & Accepted (LF)(LF)(LF)(SF)(SF)(LF)(LF)(SF) FULTON STREET SUPER BLOCK 1 WEST 3, 5a & 6 KEY CONDITION OR DESCRIPTION SUGGESTED REMEDIATION QTY / UNIT EST. COST Condition 5a Determine acceptable location to sawcut and replace field concrete. Confirm Situation. 5 LF 1-14E Condition 1a Aggregate band replace, grout under adjacent field slabs. 3 LF 3.00 1-15E Condition 5b Minor beveling (edge grind) of field concrete 2 LF 4/1/2020 1-16E Condition 5b Minor beveling (edge grind) of field concrete. Grind high points. 2-3 LF 4/1/2020 Sawcut 1/3 to ¼ depth of slab at an opportune location for field slab to drop with additional load. 3 LF sawcut Replace concrete as needed. 8.5x2 1-17E.1 Condition 1a Aggregate band replace, grout under adjacent field slabs. 4 LF 4.00 1-17E.2 Condition 1a Aggregate band replace, grout under adjacent field slabs. 2 LF 2.00 1-18E Condition 1a Aggregate band replace, grout under adjacent field slabs. 3 LF 3.00 1-19E Condition 1a Aggregate band replace, grout under adjacent field slabs. 3 LF 3.00 1-20E Condition 1a Aggregate band replace, grout under adjacent field slabs. 3 LF 3.00 1-21E Condition 3 Field concrete cracking and/or spalling at tip. Sawcut, remove and replace field concrete at appropriate location. ~3 LF sawcut, ~6 SF concrete replace 3.00 6.00 1-22E Condition 2b Relief cut, replace concrete as needed 3 LF 3.00 4.50 1-23E Condition 1a Aggregate band replace, grout under adjacent field slabs. 3 LF 3.00 1-24E Condition 1a Aggregate band replace, grout under adjacent field slabs. 2 LF 2.00 1-25E Condition 1a Aggregate band replace, grout under adjacent field slabs. 2 LF 2.00 1-25E.1 Condition 1a Aggregate band replace, grout under adjacent field slabs. 7 LF 7.00 1-26E Condition 1a Aggregate band replace, grout under adjacent field slabs. 3 LF 3.00 1-13E 1-17E Condition 2b 4/1/2020 4/1/2020 1a & 2a 1b & 2b 5b Alternate R&R Band Sawcut & Press Slab Sawcut Replace Field Replace Field Replace Bands Minor Grinding R&R Field Completed & Accepted (LF)(LF)(LF)(SF)(SF)(LF)(LF)(SF) FULTON STREET SUPER BLOCK 1 WEST 3, 5a & 6 KEY CONDITION OR DESCRIPTION SUGGESTED REMEDIATION QTY / UNIT EST. COST 1-27E Condition 1a Aggregate band replace, grout under adjacent field slabs. Expansion joint below material. 3 LF basement side, 1LF street side 4.00 1-28E Condition 1a Aggregate band replace, grout under adjacent field slabs. 9 LF 9.00 1-28E.1 Condition 1a Aggregate band replace, grout under adjacent field slabs. 8 LF 8.00 1-28E.2 Condition 1a Aggregate band replace, grout under adjacent field slabs. 7 LF 7.00 Condition 5b Minor beveling (edge grind) of field concrete 1-2 LF Condition 5a Determine acceptable location to sawcut and replace field concrete. 5'x9' Condition 5b Concrete grinding/beveling between field concrete and back of curb to conform. ~ 6 LF Condition 5a Determine acceptable location to sawcut and replace field concrete. 2x6' (12 SF) 1-31E Condition 1a Aggregate band replace, grout under adjacent field slabs. 2 LF 2.00 Sawcut min 1/3 depth of slab at an opportune location for field slab to drop with additional load. 3 LF sawcut Replace concrete as needed 1/2x(5x3) 1-32E.1 Condition 1a Aggregate band replace both sides of joint, grout under adjacent field slabs. 5 LF 5.00 1-33E Condition 1a Aggregate band replace both sides of joint, grout under adjacent field slabs. 3 LF 3.00 Condition 1a Aggregate band replace, grout under adjacent field slabs. 3 LF Replace concrete as needed 2x 1/2(3x3) Condition 1a Aggregate band replace both sides of joint, grout under adjacent field slabs. 5 LF 5.00 Condition 2b Relief cut, replace concrete as needed 3 LF 3.00 4.50 Quantity 119.0 6.0 7.0 12.0 0.0 0.0 0.0 9.0 # Locations 30.0 2.0 2.0 2.0 0.0 0.0 0.0 2.0 1-32E Condition 2b 1-29E 1-34E FULTON STREET SUPER BLOCK 2 WEST 1-30E 1-35E 4/1/2020 4/1/2020 4/1/2020 4/1/2020 1a & 2a 1b & 2b 5b Alternate R&R Band Sawcut & Press Slab Sawcut Replace Field Replace Field Replace Bands Minor Grinding R&R Field Completed & Accepted (LF)(LF)(LF)(SF)(SF)(LF)(LF)(SF) FULTON STREET SUPER BLOCK 1 WEST 3, 5a & 6 KEY CONDITION OR DESCRIPTION SUGGESTED REMEDIATION QTY / UNIT EST. COST 2-1W Condition 2b Relief cut, replace concrete as needed 3 LF 3.00 4.50 Condition 5b Concrete grinding/beveling between field concrete and back of curb to conform. 10 LF Condition 5a Determine acceptable location to sawcut and replace field concrete. NOT NEEDED. 2-2W.1 Condition 1a Aggregate band replace band, grout under adjacent field slabs.4 LF 4.00 2-3W Condition 1a Aggregate band replace band and 'T', grout under adjacent field slabs.6 LF 6.00 2-4W Condition 1a Aggregate band replace, grout under adjacent field slabs.10 LF 10.00 2-5W Condition 1a Aggregate band replace, grout under adjacent field slabs.6 LF 4/3/2020 2-6W Condition 5b Minor beveling (edge grind) of field concrete 2-3 LF 4/3/2020 2-7W Condition 1a Aggregate band replace, grout under adjacent field slabs.2 LF 2.00 2-7W.1 Condition 1a Aggregate band replace, grout under adjacent field slabs.4 LF 4.00 2-8W Condition 1a Minor beveling (edge grind) of field concrete 6 LF 6.00 Quantity 26.0 3.0 0.0 0.0 0.0 0.0 6.0 4.5 # Locations 5.0 1.0 0.0 0.0 0.0 0.0 1.0 1.0 Condition 1b Sawcut 1/3 depth of slab at an opportune location for field slab to drop with additional load or replace concrete as needed. Sawcut angles or entire rectangle. (2) 4 LF 4.00 Condition 2b Replace concrete as needed 1/2x(4x3) 6.00 Condition 1b Sawcut 1/3 depth of slab at an opportune location for field slab to drop with additional load or replace concrete as needed. 6 LF Condition 2b Replace concrete as needed 1/2x(4x3) 2-2W 2-2E FULTON STREET SUPER BLOCK 2 EAST 2-1E 4/3/2020 4/3/2020 1a & 2a 1b & 2b 5b Alternate R&R Band Sawcut & Press Slab Sawcut Replace Field Replace Field Replace Bands Minor Grinding R&R Field Completed & Accepted (LF)(LF)(LF)(SF)(SF)(LF)(LF)(SF) FULTON STREET SUPER BLOCK 1 WEST 3, 5a & 6 KEY CONDITION OR DESCRIPTION SUGGESTED REMEDIATION QTY / UNIT EST. COST Condition 1b Sawcut 1/3 to depth of slab at an opportune location for field slab to drop with additional load or replace concrete as needed. 3 LF 3.00 Condition 2b Replace concrete as needed 1/2x(3x4) 6.00 2-4E Condition 5b Minor beveling (edge grind) of field concrete 4/3/2020 Condition 1a Aggregate band replace, grout under adjacent field slabs.3 LF 3.00 Condition 1a Aggregate band replace, grout under adjacent field slabs.3 LF 3.00 Condition 1a Aggregate band replace, grout under adjacent field slabs.6 LF 6.00 Condition 1a Aggregate band replace, grout under adjacent field slabs.4 LF 4.00 Condition 1a Aggregate band replace, grout under adjacent field slabs.7 LF 7.00 Condition 1a Aggregate band replace, grout under adjacent field slabs.8 LF 8.00 Condition 1a Aggregate band replace, grout under adjacent field slabs.3 LF 3.00 Condition 1a Aggregate band replace, grout under adjacent field slabs.4 LF 4.00 Condition 1a Aggregate band replace, grout under adjacent field slabs.5 LF 5.00 Condition 1a Aggregate band replace, grout under adjacent field slabs.4 LF 4.00 Condition 1b Sawcut 1/3 to depth of slab at an opportune location for field slab to drop with additional load or replace concrete as needed. 4 LF 4.00 6.00 2-6E Condition 1a Aggregate band replace, grout under adjacent field slabs.6 LF 6.00 2-6E.1 Condition 1a Aggregate band replace, grout under adjacent field slabs.8 LF 8.00 2-7E Condition 1a Aggregate band replace, grout under adjacent field slabs.3 LF 3.00 2-3E 2-5E 1a & 2a 1b & 2b 5b Alternate R&R Band Sawcut & Press Slab Sawcut Replace Field Replace Field Replace Bands Minor Grinding R&R Field Completed & Accepted (LF)(LF)(LF)(SF)(SF)(LF)(LF)(SF) FULTON STREET SUPER BLOCK 1 WEST 3, 5a & 6 KEY CONDITION OR DESCRIPTION SUGGESTED REMEDIATION QTY / UNIT EST. COST 2-8E Condition 1a Aggregate band replace, grout under adjacent field slabs.2 LF 2.00 2-9E Condition 1a Aggregate band replace, grout under adjacent field slabs.8 LF 8.00 Condition 1a Aggregate band replace, grout under adjacent field slabs.7 LF 7.00 Condition 3 At same time replace damaged acute field wedge 1/2 (3x2)3.00 3.00 Condition 1a Aggregate band replace, grout under adjacent field slabs.6 LF 6.00 Condition 5b Minor grinding / bevel 3 LF 3.00 2-12E Condition 1a Aggregate band replace, grout under adjacent field slabs.6 LF 6.00 Condition 1a Aggregate band replace, grout under adjacent field slabs.3 LF 3.00 Condition 5b Minor grinding / bevel 3 LF 3.00 Condition 1a Aggregate band replace, grout under adjacent field slabs.8 LF 8.00 Condition 3 At same time replace damaged acute field 1/2 (2x2.5)2.00 2.50 2-15E Condition 1a Aggregate band replace, grout under adjacent field slabs.?????4/3/2020 2-16E Condition 5b Minor grinding / bevel 3 LF 3.00 2-17.1E Condition 1a Aggregate band replace, grout under adjacent field slabs.5 LF 5.00 2-17.2E Condition 1a Aggregate band replace, grout under adjacent field slabs.5 LF 5.00 Condition X Aggregate band replace, grout under adjacent field slabs.5 LF 4/3/2020 Condition 3 At same time replace damaged acute field wedge (15x3)4/3/2020 2-19E Condition 1a Aggregate band replace, grout under adjacent field slabs. Tripping hazard.6 LF 6.00 2-19E.1 Condition 1a Aggregate band replace, grout under adjacent field slabs. Tripping hazard.3 LF 3.00 Quantity 123.0 11.0 5.0 5.5 0.0 0.0 9.0 18.0 # Locations 24.0 3.0 2.0 2.0 0.0 0.0 3.0 3.0 2-18E 2-14E 2-13E 2-10E 2-11E FULTON STREET SUPERBLOCK 3 WEST 1a & 2a 1b & 2b 5b Alternate R&R Band Sawcut & Press Slab Sawcut Replace Field Replace Field Replace Bands Minor Grinding R&R Field Completed & Accepted (LF)(LF)(LF)(SF)(SF)(LF)(LF)(SF) FULTON STREET SUPER BLOCK 1 WEST 3, 5a & 6 KEY CONDITION OR DESCRIPTION SUGGESTED REMEDIATION QTY / UNIT EST. COST Condition 5b Minor beveling (edge grind) of field concrete 2-4 LF bevel or Condition 5a Replace field concrete. (2'x8') 3-2W Condition 1a Aggregate band replace, grout under adjacent field slabs.8 LF 8.00 3-3W Condition 1a Aggregate band replace, grout under adjacent field slabs.12 LF 12.00 3-3W.1 Condition 1a Aggregate band replace, grout under adjacent field slabs.5 LF 5.00 3-4W Condition 5b Minor beveling (edge grind) of field concrete 1 LF 1.00 3-4W.1 Condition 1a Aggregate band replace, grout under adjacent field slabs.3 LF 3.00 3-5W Condition 1a Aggregate band replace, grout under adjacent field slabs.5 LF 5.00 3-6W Condition 1a Aggregate band replace, grout under adjacent field slabs.4 LF 4.00 3-7W Condition 1a Aggregate band replace, grout under adjacent field slabs.4 LF 4.00 3-8W Condition 1a Aggregate band replace, grout under adjacent field slabs.16 LF 16.00 3-9W Condition 1a Aggregate band replace, grout under adjacent field slabs.10 LF 10.00 3-10W Condition 1a Aggregate band replace, grout under adjacent field slabs.8 LF 8.00 3-11W Condition 1a Aggregate band replace, grout under adjacent field slabs.6 LF 6.00 3-12W Condition 1a Aggregate band replace, grout under adjacent field slabs.3 LF 3.00 3-13W Condition 5b Minor beveling (edge grind) of field concrete 5 LF 3.00 3-14W Condition 1a Aggregate band replace, grout under adjacent field slabs.12 LF 12.00 3-15W Condition 1a Aggregate band replace, grout under adjacent field slabs.12 LF 12.00 3-16W Condition 1a Aggregate band replace, grout under adjacent field slabs.12 LF 12.00 3-1W 4/7/2020 1a & 2a 1b & 2b 5b Alternate R&R Band Sawcut & Press Slab Sawcut Replace Field Replace Field Replace Bands Minor Grinding R&R Field Completed & Accepted (LF)(LF)(LF)(SF)(SF)(LF)(LF)(SF) FULTON STREET SUPER BLOCK 1 WEST 3, 5a & 6 KEY CONDITION OR DESCRIPTION SUGGESTED REMEDIATION QTY / UNIT EST. COST 3-17W Condition 1a Aggregate band replace, grout under adjacent field slabs.8 LF 8.00 3-18W Condition 1a Aggregate band replace, grout under adjacent field slabs.12 LF 12.00 Condition 1a Aggregate band replace, grout under adjacent field slabs.110 LF 110.00 Condition 5b Minor beveling (edge grind) of field concrete 5 LF 5.00 3-20W Condition 1a Aggregate band replace, grout under adjacent field slabs.11 LF 11.00 3-21W Condition 1a Aggregate band replace, grout under adjacent field slabs.6 LF 6.00 3-22W Condition 1a Aggregate band replace, grout under adjacent field slabs.12 LF 12.00 3-22W.1 Condition 5b Minor beveling (edge grind) of field concrete 10 LF 10.00 Condition 5b Minor beveling (edge grind) of field concrete.3 LF Conditon 5a Sawcut and drop or replace. 6 SF 3-23W.1 Condition 5b Minor beveling (edge grind) of field concrete 10 LF 6.00 3-24W Condition 1a Aggregate band replace, grout under adjacent field slabs.8LF 8.00 3-25W Condition 1a Aggregate band replace, grout under adjacent field slabs.9 LF 9.00 3-26W Condition 1a Aggregate band replace, grout under adjacent field slabs.7 LF 7.00 3-27W Condition 1a Aggregate band replace, grout under adjacent field slabs.13 LF 13.00 Condiution 1b Sawcut min 1/3 depth of slab at an opportune location for field slab to drop with additional load. Condition 5a Replace concrete as needed. 2'x8' - 16 SF 3-29W Condition 1a Aggregate band replace, grout under adjacent field slabs.7 LF 7.00 3-29W.1 Condition 1a Aggregate band replace, grout under adjacent field slabs.5 LF 5.00 3-28W 3-19W 3-23W 4/7/2020 4/7/2020 1a & 2a 1b & 2b 5b Alternate R&R Band Sawcut & Press Slab Sawcut Replace Field Replace Field Replace Bands Minor Grinding R&R Field Completed & Accepted (LF)(LF)(LF)(SF)(SF)(LF)(LF)(SF) FULTON STREET SUPER BLOCK 1 WEST 3, 5a & 6 KEY CONDITION OR DESCRIPTION SUGGESTED REMEDIATION QTY / UNIT EST. COST 3-29W.2 Condition 5b Minor beveling (edge grind) of field concrete.2 LF 4/7/2020 3-30W Condition 1a Aggregate band replace, grout under adjacent field slabs.9 LF 9.00 Inyo Bulbout Condition 3 Site Visit - SW Corner - R&R Two WCR's and Domes 4/7/2020 Quantity 337.0 0.0 0.0 0.0 0.0 0.0 25.0 0.0 # Locations 28.0 0.0 0.0 0.0 0.0 0.0 5.0 0.0 3-1E Condition 1a Aggregate band replace, grout under adjacent field slabs.3 LF 3.00 3-1E.1 Condition 1a Aggregate band replace, grout under adjacent field slabs.7 LF 7.00 3-1E.2 Condition 1a Aggregate band replace, grout under adjacent field slabs.6 LF 6.00 3-2E Condition 5a Sawcut minimum 1/3 depth of slab as shown on plans or location for field slab to drop with additional load or most likely replace field concrete as needed Included in area in 3-1E 4/7/2020 Condition 5b Possible grind along edge. ~15 LF Condition 5a Replace entire field slab. Condition 2b Sawcut minimum 1/3 depth of slab as shown on plans or location for field slab to drop with additional load. Conditon 5a Most likely replace field concrete as needed ~15’x2’ (30 sf) Condition 5b Possible grind along edge. Condition 5a Replace entire field slab. ? Condition 5b Possible grind along edge. Condition 5a Replace entire field slab. (assume replacement) ~25 SF? 3-7E Condition 5b Minor beveling (edge grind) of field concrete 5 LF 5.00 3-8E Condition 5b Minor beveling (edge grind) of field concrete 1 LF 1.00 Condition 5b Possible grind along edge. 3-5E 3-3E 3-4E FULTON STREET SUPER BLOCK 3 EAST 3-6E 4/7/2020 4/7/2020 4/7/2020 4/7/2020 1a & 2a 1b & 2b 5b Alternate R&R Band Sawcut & Press Slab Sawcut Replace Field Replace Field Replace Bands Minor Grinding R&R Field Completed & Accepted (LF)(LF)(LF)(SF)(SF)(LF)(LF)(SF) FULTON STREET SUPER BLOCK 1 WEST 3, 5a & 6 KEY CONDITION OR DESCRIPTION SUGGESTED REMEDIATION QTY / UNIT EST. COST Condition 5a Replace entire field slab (lower slab) Assume replacement. 3-10E Condition 3 Replace chipped field slab and sawcut acute angle and replace. 4/7/2020 3-10E.1 City review field to curb edge 4/7/2020 3-11E Condition 1a Aggregate band replace, grout under adjacent field slabs.5 LF 5.00 Sawcut min 1/3 depth of slab at an opportune location for field slab to drop with additional load. Replace concrete as needed. 1/2x(7x5) 3-13E Condition 1a Aggregate band replace, grout under adjacent field slabs.2 LF 4/7/2020 3-14E Condition 1a Aggregate band replace, grout under adjacent field slabs.4 LF 4.00 3-15E Condition 1a Aggregate band replace, grout under adjacent field slabs. Entire Band from Curb to Expansion Joint. 27 LF 27.00 3-16E Condition 1a Aggregate band replace, grout under adjacent field slabs.3 LF 3.00 3-17E Condition 1a Aggregate band replace, grout under adjacent field slabs.12LF 12.00 3-18E Condition 5b Minor beveling (edge grind) of field concrete 6 LF 6.00 3-19E Condition 1a Aggregate band replace, grout under adjacent field slabs.9 LF 9.00 3-20E Condition 1a Aggregate band replace, grout under adjacent field slabs.20 LF 20.00 Sawcut min 1/3 depth of slab at an opportune location for field slab to drop tip with additional load. 3 LF Replace concrete as needed. Sawcut min 1/3 depth of slab at an opportune location for field slab to drop tip with additional load. 3 LF Replace concrete as needed. 3-9E 3-21E 3-22E Condition 1b or 2b no load 3-12E Condition 2b Condition 1b or 2b no load 4/7/2020 4/7/2020 4/7/2020 4/7/2020 1a & 2a 1b & 2b 5b Alternate R&R Band Sawcut & Press Slab Sawcut Replace Field Replace Field Replace Bands Minor Grinding R&R Field Completed & Accepted (LF)(LF)(LF)(SF)(SF)(LF)(LF)(SF) FULTON STREET SUPER BLOCK 1 WEST 3, 5a & 6 KEY CONDITION OR DESCRIPTION SUGGESTED REMEDIATION QTY / UNIT EST. COST Sawcut min 1/3 depth of slab at an opportune location for field slab to drop tip with additional load. 3 LF Replace concrete as needed. 1/2(4x3.5) 3-24E Condition 1a Aggregate band replace, grout under adjacent field slabs.6 LF 4/7/2020 3-25E Condition 5b Minor beveling (edge grind) of field concrete 6 LF 6.00 3-26E Condition 1a Aggregate band replace, grout under adjacent field slabs.5 LF 5.00 3-27E Condition 1a Aggregate band replace, grout under adjacent field slabs.4 LF 4.00 Condtion 1a Aggregate band replace, grout under adjacent field slabs.7 LF 7.00 Condition 5b Minor beveling (tip edge grind) of field concrete 1 LF 1.00 3-29E Condition 1a Aggregate band replace, grout under adjacent field slabs.7 LF 7.00 Condition 1a Aggregate band replace, grout under adjacent field slabs.3 LF Condition 5b Minor beveling (tip edge grind) of field concrete 2 LF 3-31E Condition 5b Minor beveling (edge grind) of field concrete 5 LF 5.00 Condition 1a Aggregate band replace, grout under adjacent field slabs.15 LF 15.00 Condition 1b Sawcut min 1/3 depth of slab at an opportune location for field slan to drop tip with additional load or replace concrete as needed. Drop tip. 1/2 (2x3) x 2 6.00 6.00 3-33E Condition 1a Aggregate band replace, grout under adjacent field slabs.3 LF 4/7/2020 3-34E Condition 5b Minor beveling (edge grind) of field concrete 1 -2 LF 4/7/2020 3-35E Condition 5b Minor beveling (edge grind) of field concrete 1-2 LF 4/7/2020 3-36E Condition 5b Minor beveling (edge grind) of field concrete 2-3 LF 4/7/2020 3-28E 3-23E Condition 1b or 2b no load 3-30E 3-32E 4/7/2020 4/7/2020 1a & 2a 1b & 2b 5b Alternate R&R Band Sawcut & Press Slab Sawcut Replace Field Replace Field Replace Bands Minor Grinding R&R Field Completed & Accepted (LF)(LF)(LF)(SF)(SF)(LF)(LF)(SF) FULTON STREET SUPER BLOCK 1 WEST 3, 5a & 6 KEY CONDITION OR DESCRIPTION SUGGESTED REMEDIATION QTY / UNIT EST. COST 3-37E Condition 5b Minor beveling (edge grind) of field concrete 2 LF 2.00 3-38E Condition 5b Minor beveling (edge grind) of field concrete 1-2 LF 4/7/2020 3-39E Condition 1a Aggregate band replace, grout under adjacent field slabs.9 LF 9.00 3-40E Condition 1a Aggregate band replace, grout under adjacent field slabs.4 LF 4.00 3-41E Condition 5b Minor beveling (edge grind) of field concrete 5 LF 5.00 Condition 5b Minor beveling (edge grind) of field concrete 1-2 LF Condition 1a Aggregate band replace, grout under adjacent field slabs.4 LF (4) areas, 4-5LF total (2) areas 2-3 LF total (2) areas 2-3 LF total 3-45E.1 Condition 1a Aggregate band replace, grout under adjacent field slabs. Curb to EJ.4/7/2020 Quantity 147.0 6.0 0.0 0.0 0.0 0.0 31.0 6.0 # Locations 17.0 1.0 0.0 0.0 0.0 0.0 8.0 1.0 Condition 5b Minor beveling (edge grind) of field concrete 2-4 LF Condition 5a Sawcut min 1/3 depth of slab at an opportune location for field slab to drop tip with additional load or replace concrete as needed. ~2’x6’ or 12 SF Quantity 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 # Locations 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 4/7/2020 MERCED STREET EAST Condition 5b Minor beveling (edge grind) of field concrete 3-42E 3-45E Condition 5b Minor beveling (edge grind) of field concrete MERCED STREET WEST Me-1W 3-43E Condition 5b Minor beveling (edge grind) of field concrete 3-44E 4/7/2020 4/1/2020 4/7/2020 4/7/2020 1a & 2a 1b & 2b 5b Alternate R&R Band Sawcut & Press Slab Sawcut Replace Field Replace Field Replace Bands Minor Grinding R&R Field Completed & Accepted (LF)(LF)(LF)(SF)(SF)(LF)(LF)(SF) FULTON STREET SUPER BLOCK 1 WEST 3, 5a & 6 KEY CONDITION OR DESCRIPTION SUGGESTED REMEDIATION QTY / UNIT EST. COST Me-1E Condition 5b Minor beveling (edge grind) of field concrete 1-2 LF 4/1/2020 Condition 1b Sawcut min 1/3 depth of slab at an opportune location for field slab to drop tip with additional load. 4 LF Condition 2b no load Replace concrete as needed. ~ 15 SF Condition 1b Sawcut min 1/3 depth of slab at an opportune location for field slab to drop entire edge with additional load. Condition 2b no load Replace concrete as needed. ~15 SF Me-4E Condition 1a Aggregate band replace, grout under adjacent field slabs.23 LF 23.00 Me-4E.1 Condition 1a Aggregate band replace, grout under adjacent field slabs. Curb to EJ.7 LF 7.00 Me-5E Condition 5b Minor beveling (edge grind) of field concrete 1-2 LF 4/1/2020 Me-5E.1 Condition 1a Aggregate band replace, grout under adjacent field slabs.5 LF 5.00 Me-6E Condition 1a Aggregate band replace, grout under adjacent field slabs.7 LF 7.00 Me-6E.1 Condition 1a Aggregate band replace, grout under adjacent field slabs.4 LF 4.00 Quantity 46.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 # Locations 5.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Condition 1a Aggregate band replace, grout under adjacent field slabs.10 LF 10.00 Condition 3 Sawcut and replace concrete field slab 2'x10' 10.00 20.00 Condition 1a Aggregate band replace, grout under adjacent field slabs.18 LF 18.00 Condition 3a Sawcut and replace concrete field slab 3’x6’ (18 SF) 6.00 18.00 Ma-3W Condition 1a Aggregate band replace, grout under adjacent field slabs.27 LF 27.00 Ma-1W Ma-2W Me-3E MARIPOSA STREET WEST Me-2E 4/1/2020 4/1/2020 1a & 2a 1b & 2b 5b Alternate R&R Band Sawcut & Press Slab Sawcut Replace Field Replace Field Replace Bands Minor Grinding R&R Field Completed & Accepted (LF)(LF)(LF)(SF)(SF)(LF)(LF)(SF) FULTON STREET SUPER BLOCK 1 WEST 3, 5a & 6 KEY CONDITION OR DESCRIPTION SUGGESTED REMEDIATION QTY / UNIT EST. COST Condition 1b Sawcut min 1/3 depth of slab at an opportune location for field slab to drop entire edge with additional load.5.00 Condition 2b no load Replace concrete as needed. ~3’x5’ (15 sf)15.00 Condition 1b Sawcut min 1/3 depth of slab at an opportune location for field slab to drop entire edge with additional load. 5 LF sawcut 5.00 Condition 2b no load Replace concrete as needed. 1/2(5x3)7.50 Ma-6W Condition 1a Aggregate band replace, grout under adjacent field slabs.10 LF 10.00 Ma-7W Condition 1a Aggregate band replace, grout under adjacent field slabs. (borderline)9 LF 9.00 Sawcut min 1/3 depth of slab at an opportune location for field slab to drop entire edge with additional load. 5.5 LF 5.50 Replace concrete as needed. (5.5x3) 16.50 Sawcut min 1/3 depth of slab at an opportune location for field slab to drop entire edge with additional load. 22 LF 22.00 Replace concrete as needed. (2x22) 44.00 Sawcut min 1/3 depth of slab at an opportune location for field slab to drop entire edge with additional load. 6 LF 6.00 Replace concrete as needed. (2’x6’) 12.00 Ma-11-W Condition 1a Aggregate band replace, grout under adjacent field slabs. Crack?2 LF 4/3/2020 Condition 5b Minor beveling (edge grind) of field concrete 3 LF Condition 1a Aggregate band replace, grout under adjacent fields.3 LF Ma-13W Condition 5a Replace 3 panels and agg bands as marked on plans 4/3/2020 Ma-13W Condition 5a Replace 3 panels and agg bands as marked on plans 4/3/2020 Condition 5b Minor beveling (edge grind) of field concrete 2-3 LF Ma-5W Ma-14W Ma-12W Ma-8W Condition 2b Ma-4W Ma-10W Condition 2b Ma-9W Condition 2b 4/3/2020 1a & 2a 1b & 2b 5b Alternate R&R Band Sawcut & Press Slab Sawcut Replace Field Replace Field Replace Bands Minor Grinding R&R Field Completed & Accepted (LF)(LF)(LF)(SF)(SF)(LF)(LF)(SF) FULTON STREET SUPER BLOCK 1 WEST 3, 5a & 6 KEY CONDITION OR DESCRIPTION SUGGESTED REMEDIATION QTY / UNIT EST. COST Condition 3?Limit of work? Patch grout area with concrete Ma-14W.1 Condition 1a Aggregate band replace, grout under adjacent field slabs.5 LF sawcut 5.00 Ma-15W Condition 1a Aggregate band replace, grout under adjacent field slabs.6 LF 6.00 Ma-16W Condition 5b Minor grinding / bevel 6 LF 6.00 Ma-17W Condition 1a Aggregate band replace, grout under adjacent field slabs.21 LF 21.00 Ma-18W Condition 1a Aggregate band replace, grout under adjacent field slabs.22 LF 22.00 Condition 1a Aggregate band replace, grout under adjacent field slabs.32 LF 32.00 Condition 3 Remove & repalce field. (5x10)15.00 50.00 Ma-19.2W Additional photos Quantity 160.0 43.5 31.0 88.0 0.0 0.0 6.0 95.0 # Locations 10.0 5.0 3.0 3.0 0.0 0.0 1.0 5.0 Ma-1E Condition 1a Aggregate band replace, grout under adjacent field slabs. 1 FT WIDE BAND 8 LF 8.00 Ma-2E Condition 1a Aggregate band replace, grout under adjacent field slabs.2 LF 2.00 Ma-3E Condition 3 Remove & replace field. (3x18) 18.00 54.00 Ma-4E Condition 1a Aggregate band replace, grout under adjacent field slabs.3 LF 3.00 Ma-5E Condition 1a Aggregate band replace, grout under adjacent field slabs.9 LF 9.00 Ma-5E.1 Condition 1a Aggregate band replace, grout under adjacent field slabs.2 LF 2.00 Ma-6E Condition 1a Aggregate band replace, grout under adjacent field slabs.2 LF 2.00 Ma-7E Condition 1a Aggregate band replace, grout under adjacent field slabs.5 LF 5.00 Ma-7E.1 Condition 1a Aggregate band replace, grout under adjacent field slabs.4 LF 4.00 Ma-14W Ma-19.1W MARIPOSA STREEET EAST 4/3/2020 1a & 2a 1b & 2b 5b Alternate R&R Band Sawcut & Press Slab Sawcut Replace Field Replace Field Replace Bands Minor Grinding R&R Field Completed & Accepted (LF)(LF)(LF)(SF)(SF)(LF)(LF)(SF) FULTON STREET SUPER BLOCK 1 WEST 3, 5a & 6 KEY CONDITION OR DESCRIPTION SUGGESTED REMEDIATION QTY / UNIT EST. COST Ma-8E Condition 1a Aggregate band replace, grout under adjacent field slabs.2 LF 2.00 Mariposa south area 3996.00 342.00 Quantity 37.0 0.0 18.0 54.0 3996.0 342.0 0.0 0.0 # Locations 9.0 0.0 1.0 1.0 1.0 1.0 0.0 0.0 K-1W Condition 1a Aggregate band replace, grout under adjacent field slabs.6 LF 6.00 Condition 1a Aggregate band replace, grout under adjacent field slabs.4 LF 4.00 Condition 5b Minor beveling (edge grind) of field concrete 4 LF 4.00 K-3W Condition 1a Aggregate band replace, grout under adjacent field slabs.2 LF 2.00 Condition 1b Sawcut min 1/3 depth of slab at an opportune location for field slab to drop tip with additional load. 2 LF sawcut Condition 2b no load Replace concrete as needed. 4 SF K-5W Condition 5b Minor beveling (edge grind) of raised field slab 1-2 LF 4/7/2020 K-6W Condition 1a Aggregate band replace, grout under adjacent field slabs.4 LF 4.00 Condition 1a Aggregate band replace, grout under adjacent field slabs.7 LF 7.00 Condition 5b Minor beveling (edge grind) of field concrete at ROW 3 LF 3.00 K-8W Condition 1a Aggregate band replace, grout under adjacent field slabs.13 LF 13.00 K-9W Condition 5b Minor beveling (edge grind) of raised field slab based on location by baseball bollard 4/7/2020 K-10W Condition 1a Aggregate band replace, grout under adjacent field slabs.2 LF 2.00 K-11W Condition 1a Aggregate band replace, grout under adjacent field slabs.5 LF 5.00 KERN STREET WEST K-4W K-7W K-2W 4/7/2020 1a & 2a 1b & 2b 5b Alternate R&R Band Sawcut & Press Slab Sawcut Replace Field Replace Field Replace Bands Minor Grinding R&R Field Completed & Accepted (LF)(LF)(LF)(SF)(SF)(LF)(LF)(SF) FULTON STREET SUPER BLOCK 1 WEST 3, 5a & 6 KEY CONDITION OR DESCRIPTION SUGGESTED REMEDIATION QTY / UNIT EST. COST K-12W Condition 3 Replace two panels and evaluate agg bands, see plan mark up. Add joints to prevent cracking. 20’x30’ ~600 SF 4/7/2020 Additional photos 4/7/2020 Condition 1b Sawcut min 1/3 depth of slab at an opportune location for field slab to drop edge with additional load. 1.5’x5’ long 7.00 Condition 2b no load Replace concrete as needed. 2'x5'10.00 K-14W Condition 1a Aggregate band replace, grout under adjacent field slabs. 4 LF - 2' both sides of EJ 4/7/2020 Condition 1a Aggregate band replace, grout under adjacent field slabs. 4 LF - 2' both sides of EJ 4.00 Condition 3 Remove & replace field. 3 LF 3.00 3.75 K-16W Condition 1a Aggregate band replace, grout under adjacent field slabs.5 LF 5.00 Quantity 52.0 7.0 3.0 3.8 0.0 0.0 7.0 10.0 # Locations 10.0 1.0 1.0 1.0 0.0 0.0 2.0 1.0 Sawcut min 1/3 depth of slab at an opportune location for field slab to drop tip with additional load. Monitor cracks. ?????? 3 LF sawcut Replace concrete as needed. Condition 1a Aggregate band replace, grout under adjacent field slabs.3 LF Condition 5b Possible small grind as needed 1-2 LF Sawcut min 1/3 depth of slab at an opportune location for field slab to drop entire edge at 1.5’ with additional load. 10 LF Replace concrete as needed. (1.5'x10') K-3E.1 Condition 1a Aggregate band replace, grout under adjacent field slabs.5 LF 5.00 K-4E Condition 5b Minor beveling (edge grind) of raised field slab 1-2 LF 4/7/2020 K-2E K-13W KERN STREET EAST K-3E Condition 2b K-15W Condition 2bK-1E 4/7/2020 4/7/2020 1a & 2a 1b & 2b 5b Alternate R&R Band Sawcut & Press Slab Sawcut Replace Field Replace Field Replace Bands Minor Grinding R&R Field Completed & Accepted (LF)(LF)(LF)(SF)(SF)(LF)(LF)(SF) FULTON STREET SUPER BLOCK 1 WEST 3, 5a & 6 KEY CONDITION OR DESCRIPTION SUGGESTED REMEDIATION QTY / UNIT EST. COST K-5E Condition 5b Bevel (minor edge grind) of raised field slab along entire edge ~10 LF 4/7/2020 Condition 1b Sawcut min 1/3 depth of slab at an opportune location for field slab to drop tip with additional load. 3 LF sawcut 3.00 Condition 2b no load Replace concrete as needed. 1/2x(3x3)4.50 Condition 1a Aggregate band replace, grout under adjacent field slabs.5 LF 5.00 Condition 1b Sawcut min 1/3 depth of slab at an opportune location for field slab to drop tip with additional load. 3 LF sawcut 3.00 4.50 K-8E Condition 5b Bevel (minor edge grind at corner) of raised field slab.1-2 LF 4/7/2020 K-9E Condition 5b Bevel (minor edge grind) of raised field slab along entire edge or replace small triangle 1-2 LF 4/7/2020 Discuss issues with City Staff and what is acceptable.4/7/2020 Condition 5b Bevel field edge at curb 1-2 LF?2.50 Condition 5a Replace concrete as needed. 5 LF 5.00 6.25 K-11E Condition 5b Bevel field edge at curb and band 3 LF 3.00 Condition 1b Sawcut min 1/3 depth of slab at an opportune location for field slab to drop entire edge at 1.5’ with additional load. 12 LF Condition 2b no load Replace concrete as needed. (6x6) Sawcut min 1/3 depth of slab at an opportune location for field slab to drop tip with additional load. Abgled sawcut. 3 LF Replace concrete as needed. (6x13) K-13E Condition 1a Aggregate band replace, grout under adjacent field slabs.3 LF 3.00 Condition 1a Aggregate band replace, grout under adjacent field slabs.3 LF 3.00 Condition 5b Bevel field edge at curb and band 3 LF 3.00 K-14E Condition 1a Aggregate band replace, grout under adjacent field slabs.10 LF 10.00 K-6E K-12.1E K-12.2E Condition 2b K-10E K-7E K-13E.1 4/7/2020 4/7/2020 1a & 2a 1b & 2b 5b Alternate R&R Band Sawcut & Press Slab Sawcut Replace Field Replace Field Replace Bands Minor Grinding R&R Field Completed & Accepted (LF)(LF)(LF)(SF)(SF)(LF)(LF)(SF) FULTON STREET SUPER BLOCK 1 WEST 3, 5a & 6 KEY CONDITION OR DESCRIPTION SUGGESTED REMEDIATION QTY / UNIT EST. COST K-15E Condition 1a Aggregate band replace, grout under adjacent field slabs.6 LF 6.00 Condition 1a Aggregate band replace, grout under adjacent field slabs.4 LF 4.00 Condition 5a Replace concrete as needed. 5 LF 4.00 12.00 Quantity 36.0 6.0 9.0 18.3 0.0 0.0 8.5 9.0 # Locations 7.0 2.0 2.0 2.0 0.0 0.0 3.0 2.0 GENERAL: Expansion joint inconsistency (thickness and depth)4/7/2020 GENERAL: Cracking close to control joints, depth of control joints questioned.4/7/2020 Quantity 1187.0 87.5 73.0 181.5 3996.0 342.0 92.5 157.3 (LF)(LF)(LF)(SF)(SF)(LF)(LF)(SF) # of Locations 162.0 17.0 11.0 11.0 1.0 1.0 23.0 17.0 Quantity 104.0 5.0 0.0 0.0 0.0 0.0 0.0 5.8 # of Locations 17.0 2.0 0.0 0.0 0.0 0.0 0.0 2.0 Quantity 119.0 6.0 7.0 12.0 0.0 0.0 0.0 9.0 # of Locations 30.0 2.0 2.0 2.0 0.0 0.0 0.0 2.0 Quantity 26.0 3.0 0.0 0.0 0.0 0.0 6.0 4.5 # of Locations 5.0 1.0 0.0 0.0 0.0 0.0 1.0 1.0 Quantity 123.0 11.0 5.0 5.5 0.0 0.0 9.0 18.0 # of Locations 24.0 3.0 2.0 2.0 0.0 0.0 3.0 3.0 Quantity 337.0 0.0 0.0 0.0 0.0 0.0 25.0 0.0 # of Locations 28.0 0.0 0.0 0.0 0.0 0.0 5.0 0.0 Quantity 147.0 6.0 0.0 0.0 0.0 0.0 31.0 6.0 # of Locations 17.0 1.0 0.0 0.0 0.0 0.0 8.0 1.0 Quantity 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 # of Locations 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Quantity 46.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 # of Locations 5.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Quantity 160.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 # of Locations 10.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Superblock 1-W Superblock 1-E Superblock 2-W Superblock 2-E Superblock 3-W Superblock 3-E Merced St.-W Merced St.-E Mariposa St.-W K-16E 1a & 2a 1b & 2b 5b Alternate R&R Band Sawcut & Press Slab Sawcut Replace Field Replace Field Replace Bands Minor Grinding R&R Field Completed & Accepted (LF)(LF)(LF)(SF)(SF)(LF)(LF)(SF) FULTON STREET SUPER BLOCK 1 WEST 3, 5a & 6 KEY CONDITION OR DESCRIPTION SUGGESTED REMEDIATION QTY / UNIT EST. COST Quantity 37.0 0.0 18.0 54.0 3996.0 342.0 0.0 0.0 # of Locations 9.0 0.0 1.0 1.0 1.0 1.0 0.0 0.0 Quantity 52.0 7.0 3.0 3.8 0.0 0.0 7.0 10.0 # of Locations 10.0 1.0 1.0 1.0 0.0 0.0 2.0 1.0 Quantity 36.0 6.0 9.0 18.3 0.0 0.0 8.5 9.0 # of Locations 7.0 2.0 2.0 2.0 0.0 0.0 3.0 2.0 Quantity 1187.0 44.0 42.0 93.5 3996.0 342.0 86.5 62.3 # of Locations 162.0 12.0 8.0 8.0 1.0 1.0 22.0 12.0 Mariposa St.-E Kern St.-W Kern St.-E Totals Superblock 1Superblock 2Superblock 3EASTWESTFulton Street 'F'Fulton Street 'F'Mariposa Street 'MA' Merced Street 'ME' Kern Street 'K'Me-1WMe-1EMa-1WMa-1EK-1EK-1WEASTWESTKEY MAP CODE FOR TABLEPREPARED BY RHAA 4/10/2019Updates 11/13/19 1-1E band1-2E bevel1-3E sawcutfield drop1-4E sawcutfield drop1-5E band1-8E bevel1-6E sawcutdrop1-7E bevel1-1W band1-2W 'OK'1-3W band1-4W band1-5Wsawcut/drop orreplace fieldGrind not adequatePotential saw cut location 1-6W band &bevel1-7wsaw/drop orreplace fieldcrack atcornerspalling1-8E bevel1-9E bevelfield1-10.1E band1-10.2E band1-11E bevelor replace1-12E band1-13E pointissue, fieldreplace?1-14E ?1-15E bevelcorner1-16E grindhigh points1-8W replaceband'hole' in band1-9W replaceband1-17E sawcut& drop orreplaceMe-6Ereplace bandcrack to joint,depth of joint?review fieldedge raised atcurbNeed temporaryrepairNeed temporaryrepair 1-18E band1-19E bandfield edgeraised to curb-grind/bevel?1-20E bandand field1-21E fieldreplace1-22Ebevel/grind ?1-23E band1-24E band1-25E band1-26E band1-27E band1-28E band1-29E grind?1-30Ebevel/grind?1-31E grind1-32Esawcut/dropor replace1-33E band1-34E band1-10W band1-11W band1-12Wsaw/drop1-13W bandpossble grind1-14W fieldraised to curb,replaceNeed temporary repairPotential saw cutNeed temporary repair minor bevel?1-35E field onwest side lower1-15Wsaw/drop orreplaceok, drop edge?2-1E sawcut &drop bothcorners2-2E sawcut& drop?2-3E saw & dropor replaceCracks but'ok' 2-4E grind onsw field sideSee table fordetailinformation.Raise band atthis pointraised streetfield side. seetable forraised streetfield side2-5E seetable2-6E bandsraise2-1W raisefield?2-2W MA-1W band2-7E bandMA-8E raiseband2-8E raiseband2-9E raisebandcracks2-4W band2-6W grind2-5W band2-3W band & teegrindMA-17W bandMA-18W bandMA-19W band & fieldNeed temporary repairNeed temporary repair 2-7W band2-8W band2-10E band& fieldreplace2-11E band& fieldreplace2-12E band& concpatch?2-13E band& minor grind2-14E band& replace conc wedge2-15E band& field issue2-16E band& fieldreplacement2-17.1E band& fieldreplace?2-17.2E band& fieldreplace?2-18E band& fieldreplace2-19E band OK, next tocolumn post3-1E fieldreplace3-2E fieldreplace3-3E fieldgrind3-4E grind orreplace3-5E fieldgrindminor grind?minor crackNeed temporaryrepair raised field tocurb issueminor grind3-6E fieldreplace3-7E sawcut& drop orreplace3-8E band3-9E grind orreplace field3-10E sawcutacute, replace3-11E bandcity reviewfield to curbedge3-12E sawcut& drop3-13E band3-14E band3-15E band3-16E sawcutacute andband3-17E band3-18E band3-19E band &sawcut/drop3-20E band3-21E sawcut& drop3-22E sawcut& drop3-24E band3-23E sawcut& lower tip3-1W grindfield at curb3-3W band3-2W bandcrack3-4W sawcut/ drop3-5W bandNeed temporaryrepairNew issue- band related 3-6W band3-7W band3-8W band3-9W band3-10W band3-11W bandcrack3-12W band3-13W band3-14W band3-15W bandgrind alongcurb edge3-16W band3-17W band3-18W band3-19W entireband3-20W band3-21W band3-22W band3-26E band3-27E grind3-28E bandgrind tip3-29E sawcutangles dropor replace3-30E bandand grind 2points down3-31E sawcut/drop or replace3-32E band& drop tip3-33E raiseband3-34E grindpoint3-35Egrind/bevelpointsK-1W bandraiseK-2w bandraiseK-1E sawcut& drop, minorgrindK-2E raiseband & grindK-3E sawcut& dropK-4Egrind/bevelfield at curbminor grindK-16E raisebandK-15E raiseband3-25E bandNeed temporary repairNeed temporaryrepair 3-23W edgegrind3-24W band3-25W band3-26W band3-27W band3-28Wreplace 2x8concrete3-29W bandgrind3-30W band3-36E grindand bevel3-37E sawcut& drop tip3-38E grindand bevel tip3-39E sawcut & drop tip3-40E bandand grind tip3-41E sawcutpanel & drop3-42E band& grind fieldedge3-43E grind 4areas bothsides3-44E grindfield at curb3-45E grind 2areas at bandsraise band?Observation -similar raisingof wing rampsand cracking Me-1Wgrind/bevel orsawcut & drop Me-1Egrind/bevelfield to curbMe-2Esawcut /dropMe-3E sawcut& replace panelMe-4E bandMe-5Egrind/bevel edge Ma-8W sawcutdiagonal & dropMa-9W grind& bevel edgeMa-10Wsawcut& drop2'x6'Ma-11W raisebandPotential saw cutgrind not adequate Ma-2W bandreplace andfield 3'x6'cracksMa-3W bandMa-4Wsawcut& dropMa-5Wsawcut& dropMa-6W raisebandMa-7W raisebandMa-12Wgrind/bevel orreplace bandrepairMa-13W bandand field to EJMa-14W grind/ bevel edge?Ma-16W bandMa-15W band? May need follow up Ma-1E raiseband e-w.Ma-2E raiseband to meetfieldMa-3E grindraised curbMa-4E bandraiseMa-5E bandraiseMa-6E bandraiseMa-7E bandraiseraised field atcurb, evaluatereplacementNeed temporary repair- grind not adequate K-3W bandraiseK-4W sawcut& dropK-5W smallgrind/bevelK-6W raiseband 2' bothsidesK-7W bandK-8W sawcut& drop, raisebandK-9Wbevel/grindK-10W raisebandK-11W raise bandand grind/bevelfieldK-12W replacefield 2panels,includejointsK-13Wsawcut &drop, bandgrindK-14W minorgrind & raisebandK-15W raisebandGrind not adequate- band issue K-5Egrind/bevelfieldK-6E sawcut& dropK-7E raisebandK-8E smallgrind atcornerK-9E small grindor replace trianglefield to curbedgeconditionK-10E expansionjointK-11E field tocurb edgeK-12E sawcut& drop fieldk-13E raisebandK-14E raisebandPotential saw cut- grind not adequate City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 21-356,Version:1 REPORT TO THE CITY COUNCIL March 18, 2021 FROM:SCOTT L. MOZIER, PE, Director Public Works Department THROUGH:WILLIAM C. HERR, Assistant Director Public Works Department, Facilities and Construction Management Divisions BY:KELLY L. YOST, Construction Manager Public Works Department, Construction Management Division SUBJECT Approve a substitution of a listed Subcontractor All State Roofing,Inc.,and utilize Golden State Roofing for Fresno Fire Station No. 18 (no cost increase) (Council District 1) RECOMMENDATION It is recommended that the City Council approve the request from Klassen Corporation (Klassen),to substitute All State Roofing,Inc.(All State)and utilize Golden State Roofing,for the thermoplastic polyolefin (TPO)roofing portion,and for Klassen Corporation to self-perform the standing seam roofing portion of the project. EXECUTIVE SUMMARY Klassen,the General Contractor who was awarded the referenced project,has requested to substitute All State,who is listed in the bid documents as performing the two types of roofing systems required for the project,one being a metal system otherwise identified as a standing seam system, and the other being a thermoplastic polyolefin (TPO)system.In accordance with the bid documents, Klassen listed All State for roofing of the project because the work exceeds one-half of one percent of the total contract amount. Klassen notified the City by letters dated January 26,2021,that their Subcontractor,All State,after having a reasonable opportunity to do so,has failed or refused to execute a written subcontract. Klassen also forwarded the letter they sent to All State providing notice that they will be replaced for the roofing portion of work as they were not able to reach an agreement on the terms of a Contract between Klassen and All State. Staff recommends approval of the Contractor’s request that they be allowed to use Golden State City of Fresno Printed on 3/12/2021Page 1 of 3 powered by Legistar™ File #:ID 21-356,Version:1 Staff recommends approval of the Contractor’s request that they be allowed to use Golden State Roofing,to perform the TPO roofing portion of the contract,and that Klassen be allowed to self- perform the standing seam roofing portion of the contract.This action requires Council approval because Public Contract Code section 4107 requires consent of the awarding authority to a request by a prime contractor for a substitution of a subcontractor. BACKGROUND On November 14,2019,a contract was awarded in the amount of $6,260,000 to Klassen,for the Fresno Fire Station No.18 Project;the Notice to Proceed was issued with a start date of February 18, 2020. In the original proposal,All State was listed as the subcontractor for the roofing portion of the contract.On January 26,2021,Klassen provided the City a written request to substitute the listed Subcontractor,since the listed Subcontractor has refused to perform his or her subcontract under Public Contract Code section 4107(a)(1). In accordance with section 4107 of the Public Contract Code,a Prime Contractor may substitute a listed Subcontractor,with the consent of the awarding authority,when the listed subcontractor has refused to perform his or her subcontract as set forth in section 4107. The Subletting and Subcontracting Fair Practice Act requires the Prime Contractor to secure the permission of the awarding agency before substituting a non-listed subcontractor for a listed subcontractor in order to protect the public and subcontractors from bid shopping and bid peddling.( Southern California Acoustics Co., Inc. v. C.V. Holder, Inc.(1969), 71 Cal.2d 719,726) Klassen has requested that they be allowed to substitute Golden State Roofing to perform the TPO roofing portion of the contract in place of All State by letter dated January 26,2021,which included an attached letter from the TPO roofing materials supplier,Carlisle Syntec Systems indicating that Golden State Roofing is a Carlisle “Approved Applicator,”and is certified to install Carlisle Warranted roof systems.Klassen has also requested that they be allowed to self-perform the standing seam roofing portion of the contract in place of All State by letter dated January 26,2021,which included an attached letter from the standing seam roofing materials manufacturer,Metal Sales Manufacturing Corporation,indicating that Klassen has met the requirements for becoming an “Approved Installer” for Weather Tightness Warranty for the project specified Metal Sales roofing systems.Section 4107 of the Public Contract Code allows the Prime Contractor to substitute listed Subcontractors with prior consent from the awarding authority. In accordance with provisions of the Public Contract Code,the City notified All State,at its last known address,of the proposed substitution by Ontrac shipping,which was delivered to the front door of All State’s place of business on January 27, 2021, at 1:48 p.m.. The City Attorney’s Office finds the proposed substitution of subcontractor to be legal and proper if Council consents to the substitution.In accordance with section 4107 the failure to file these written objections within five working days of receipt of that notification ending at 5 p.m.on February 4,2021, constitutes the listed Subcontractor’s consent to the substitution.The City has not received an objection in accordance with Public Contract Code 4107. The replacement of the Subcontractor for the roofing of the contract will not increase the cost of theCity of Fresno Printed on 3/12/2021Page 2 of 3 powered by Legistar™ File #:ID 21-356,Version:1 The replacement of the Subcontractor for the roofing of the contract will not increase the cost of the project. There is not a Disadvantaged Business Enterprise goal in this project. ENVIRONMENTAL FINDINGS This project was previously found to be categorically exempt based on Class 32 Section 15332 of the CEQA Guidelines.No substantial changes to the project are being made as this is a substitution of a contractor to perform work already included in the project’s scope and contemplated in the categorical exemption. LOCAL PREFERENCE Local preference was not utilized in the prior award as the apparent second low bid was over 5% higher than the apparent low bid.The current substitution does not change the amount of the cost of the project. FISCAL IMPACT There will be no impact to the General Fund or the project budget by this substitution. Attachment: Fire Station 18 Contractor Letter 1 Fire Station 18 Contractor Letter 2 City of Fresno Printed on 3/12/2021Page 3 of 3 powered by Legistar™ City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 21-357,Version:1 REPORT TO THE CITY COUNCIL March 18, 2021 FROM:SCOTT L. MOZIER, PE, Director Public Works Department THROUGH:ANDREW J. BENELLI, PE, City Engineer/Assistant Director Public Works Department, Traffic Operations and Planning Division BY:RANDY GUILL, Supervising Engineering Technician Public Works Department, Traffic Operations and Planning Division SUBJECT RESOLUTION -Of Intention to Annex Final Tract Map No.6265 as Annexation No.122 to the CITY OF FRESNO COMMUNITY FACILITIES DISTRICT NO.11 and to Authorize the Levy of Special Taxes;and setting the public hearing for Thursday,April 22,2021,at 10:05 am (north side of East Tulare Street west of North Fowler Avenue) (Council District 5) RECOMMENDATION Adopt Resolution of Intention to Annex Final Tract Map No.6265 to City of Fresno Community Facilities District No. 11 (CFD No. 11). EXECUTIVE SUMMARY The landowner has petitioned the City of Fresno to have Final Tract Map No.6265 annexed to CFD No.11 to provide funding for the Services (as hereafter defined)pertaining to certain required above ground public improvements associated with this subdivision.The cost for the Services for these improvements is $556.76 per lot annually for Fiscal Year 2020-2021.Final Tract Map No.6265 is located entirely within City limits.The Resolution of Intention begins the process,sets the required public hearing for Thursday,April 22,2021,at 10:05 am,and defines the steps required to complete the annexation. (See attached Location and Feature Maps.) BACKGROUND On November 15,2005,the Council of the City of Fresno adopted Council Resolution No.2005-490 forming CFD No.11 to fund public maintenance of landscaping,open spaces,local streets,local street lights and street furniture,curbs,gutters,sidewalks,street trees and other public facilities and services as defined by the City of Fresno Special Tax Financing Law,Chapter 8,Division 1,Article 3 City of Fresno Printed on 3/12/2021Page 1 of 3 powered by Legistar™ File #:ID 21-357,Version:1 of the Fresno Municipal Code (City Law). The landowner has made a request to the City of Fresno to have Final Tract Map No.6265 annexed to CFD No.11 to provide the funding for the operation and reserves for maintenance (Services) pertaining to the landscaping,trees and irrigation systems within the public easements and dedicated Outlots;the concrete trail,curbs,gutters,valley gutters,sidewalks and curb ramps,street name signage,street and trail lighting,and local street paving associated with this subdivision.(See attached Location and Feature Maps.) Final Tract Map No. 6265 is not a phased map and is located entirely within City limits. The attached Resolution initiates the annexation process,sets the public hearing on this matter for Thursday,April 22,2021,at 10:05 am,sets the Maximum Special Tax at $556.76 annually per residential lot for Fiscal Year 2020-2021 and sets the annual adjustment of the Special Tax to be adjusted upward annually by 2%or by the rise of the Construction Cost Index (CCI),if it exceeds 2% for the San Francisco Region. Annexations to existing community facilities districts are permitted under City Law.The legislative body must follow certain prescribed procedures as outlined below: §Adoption of a Resolution of Intention to Annex to CFD No. 11 §Required 7-day minimum Notice of Public Hearing §Public hearing on Annexation and Levy of Special Tax §Call a Special Mailed-Ballot Election on the proposed Special Tax §Declare the Results of the Election §Formal Adoption of Special Tax Levy (if election passes) The attached Resolution has been approved as to form by the City Attorney’s Office. ENVIRONMENTAL FINDINGS Pursuant to the definition in California Environmental Quality Act Guidelines Section 15378,this action is not a project. LOCAL PREFERENCE Local preference was not implemented,as this item does not include a bid or award of a construction or services contract. FISCAL IMPACT No City funds will be involved.All costs for services will be borne by the property owners within the subject tract. Attachments: Location Map Feature Map Resolution of Intention City of Fresno Printed on 3/12/2021Page 2 of 3 powered by Legistar™ File #:ID 21-357,Version:1 City of Fresno Printed on 3/12/2021Page 3 of 3 powered by Legistar™ 2 of 6 WHEREAS, the landowner of Final Tract Map No. 6265 has formally petitioned the City to annex Final Tract Map No. 6265 to CFD No. 11, and the area proposed for annexation to CFD No. 11 is attached hereto as Exhibit B and incorporated herein by this reference; and WHEREAS, the types of public services provided in the existing CFD No. 11 (Services) are specified in the document attached hereto as Exhibit C, Page C-2, and incorporated herein by this reference; and WHEREAS, the types of Services to be provided to Annexation No. 122 by CFD No. 11, are specified in the document attached hereto as Exhibit C, Page C-1, and incorporated herein by this reference; and WHEREAS, Annexation No. 122, Final Tract Map No. 6265 is located entirely within the limits of the City of Fresno; and WHEREAS, CFD No. 11 and Annexation No. 122 will share costs proportionately for Services provided by the City; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as follows: 1. Recitals. The forgoing recitals are true and correct. 2. Proposed Annexation No. 122 Boundaries. The proposed boundaries of Annexation No. 122 are as shown on the map (copy attached as Exhibit B) on file with the City Clerk. The boundaries, shown in Annexation Map No. 122, for the territory proposed to be annexed, are preliminarily approved. The City Clerk is directed to record Annexation Map No. 122, or cause it to be recorded, in the Office of the Recorder, Fresno County, California within ten days after the adoption date of this resolution. 3 of 6 3. Services. The operation and reserves for maintenance (Services) proposed to be financed in Annexation No. 122 are listed on Page C-1 of Exhibit C, attached hereto and incorporated herein by this reference. 4. Special Taxes. Except to the extent that funds are otherwise available to CFD No. 11 to pay for the Services in Annexation No. 122, a special tax sufficient to pay the costs (Special Tax) thereof, secured by recording a continuing lien against all nonexempt real property in Annexation No. 122 will be levied annually within Annexation No. 122, and collected in the same manner as ordinary ad valorem property taxes, or in any other manner as this Council or its designee shall determine, including direct billing of the affected property owners. The proposed rate and method of apportionment of the Special Tax among the real property parcels within Annexation No. 122 are described in sufficient detail for each landowner within Annexation No. 122 to estimate the maximum amount each owner will have to pay, in Exhibit D, attached hereto and incorporated herein by this reference. 5. District Annexation Report. The Director of Public Works Department, as the officer having charge and control of the Services in and for CFD No. 11, or designee, is directed to study the proposed Services and to make, or cause to be made, and filed with the City Clerk a report of CFD NO. 11, Annexation No. 122 (District Report), in writing presenting the following: a. A description of the Services by type required to adequately meet the needs of CFD No. 11, Annexation No. 122. b. An estimate of the fair and reasonable cost of the Services including the cost of acquiring land, rights-of-way and easements, costs of any physical 4 of 6 services required in conjunction therewith, and incidental expenses in connection therewith. c. Describe any plan for Services that will be provided in common with the existing district and/or any territory that may be annexed. d. If the Special Tax levied within the territory proposed to be annexed is higher or lower than the existing CFD No. 11, identify the extent and reasons why the costs to provide Services in that territory are higher or lower than those provided in the existing CFD No. 11. Specify any alteration in the special tax rate levied within the existing CFD No. 11 because of the proposed annexation. e. The CFD No. 11, Annexation No. 122 District Report shall be made a part of the record of the public hearing specified below. 6. Single Ballot. The propositions to set the appropriations limit and to approve the levy of the Special Tax shall be combined into a single ballot and submitted to the voters pursuant to City Law. 7. Public Hearing. Thursday, April 22, 2021, at 10:05 a.m., is fixed as the date and time, in the City Council Chambers, 2600 Fresno Street, Fresno, California, that this Council, the legislative body for CFD No. 11, will conduct a public hearing on the annexation of Final Tract Map No. 6265 and will consider and finally determine whether the public interest, convenience and necessity require the annexation and the levy of the Special Tax. 8. Public Notice. The City Clerk is directed to cause notice of the public hearing to be given by publication once in a newspaper of general circulation published in the area of CFD No. 11. The publication shall be complete at least seven days before 5 of 6 the hearing date set herein. The notice shall be in the form specified by Sections 53339.4 and 53322 of Chapter 2.5 of the California Government Code. Attachments: Exhibit A: Original Boundaries of CFD No. 11 Exhibit B: Annexation Map No. 122 Exhibit C: Description of Services Exhibit D: Rate and Method of Apportionment of Special Tax * * * * * * * * * * * * * * 6 of 6 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 ______________ 2021. AYES : NOES : ABSENT : ABSTAIN : YVONNE SPENCE, CRM MMC City Clerk BY: Date Deputy APPROVED AS TO FORM: DOUGLAS T. SLOAN City Attorney BY: Jennifer M. Quintanilla Date Deputy City Attorney BlackstoneNees Herndon Bullard Shaw Ashlan Shields McKinley Belmont Whites Bridge Alluvial Sierra Barstow Gettysburg Dakota Clinton Olive GarfieldBryanGrantlandChateau FresnoHayesPolkCorneliaBlytheBrawleyValentineMarksVan NessWestFruitPalmFresnoFirstMillbrookCedarMapleChestnutWillowPeachAshlan Dakota Shields Clinton McKinley Olive Belmont Tulare Butler California Church Jensen Annadale North Kings CanyonMaroaInternational Copper Behymer Shepherd Nees Herndon Bullard Shaw Gettysburg Teague Alluvial Sierra Barstow Perrin ClovisSunnysideFowlerArmstrongTemperanceLocanClovisFowlerTemperanceSunnysideLocanArmstrongChestnutPeachWillowMinnewawaMalaga American CedarOrangeMapleElmEastFigCherryMarksWestWalnutHughesFruitGrantlandHayesCorneliaBryanPolkBrawleyValentineBlytheKearney Muscat North Annadale Muscat Central California Jensen Church Central Nielsen ·|}þ41 CITY OF FRESNOMAINTENANCECFD11 ANNEXATION ·|}þ41 ·|}þ180 ·|}þ168 ·|}þ99 ·|}þ99 ·|}þ180 Legend State Routes Rail Road Street Centerline CFD11 City Boundary Limits µ Exhibit A Date: 3/13/2015 EXHIBIT C C-1 CITY OF FRESNO Community Facilities District No. 11 Annexation No. 122 Description of Services to be Financed by Community Facilities District No. 11 for Annexation No. 122 (Final Tract Map No. 6265) The operations and reserves for the maintenance of certain required improvements (Services) that are to be financed by Community Facilities District No. 11 (CFD No. 11) for Final Tract Map No. 6265, Annexation No. 122 are generally as described below. The Services will include all costs (including reserves for replacement) attributable to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas and trees in public street rights-of-way, public landscape easements, public open spaces and other similar landscaped areas officially dedicated for public use. General maintenance will include, without limitation, repairing and replacing irrigation systems as necessary; staking, pruning, replacing and spraying of trees and shrubs; removing litter, debris, and garbage. Services shall include all costs attributable to cleaning, maintaining, servicing, repairing and/or replacing all ground level infrastructure (including reserves for replacement) within public easements and dedicated outlots. Such facilities include, without limitation, concrete trail, curbs, gutters, valley gutters, curb ramps and sidewalks, street name signage and street and trail lighting, and local street paving associated with this subdivision. Services shall include all costs attributable to street lighting services. Maintenance costs will include a proportionate share of all other expenses that the City of Fresno (City) may incur in administering CFD No. 11. All Services shall be provided by the City, with its own forces or by contract with third parties, or any combination thereof, to be determined entirely by the City. Nothing in this exhibit or any other exhibit or provision of this Resolution shall be construed as committing the City or CFD No. 11 to provide all of the authorized Services or to provide for the payment of or reimbursement for all of the authorized incidental expenses. The provision of Services and/or payment or reimbursement of incidental expenses shall be subject to the successful annexation of Annexation No. 122 to CFD No. 11 and the availability of sufficient proceeds of Special Taxes within CFD No. 11. EXHIBIT C C-2 CITY OF FRESNO Community Facilities District No. 11 Formation Description of Services currently financed by Community Facilities District No. 11 The services that are to be financed (Services) by Community Facilities District No. 11 (CFD No. 11) are any and all Services defined by City of Fresno Special Tax Financing Law (Chapter 8, Division 1, Article 3 of the Fresno Municipal Code) and the Mello-Roos Community Facilities Act of 1982 (Chapter 2.5 commencing with Section 53311, of Part 1, Division 2, Title 5 of the California Government Code.) I. Services may include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing all facilities, including hardscaping, in landscaped areas (may include reserves for replacement) in public street rights-of-way, public landscape easements, public trail areas, parkways, and other similar landscaped areas officially dedicated for public use. II. General maintenance will include, without limitation, mowing, edging, fertilizing, seeding, aerating, and watering grass areas; repairing and replacing irrigation systems as necessary; staking, pruning, replacing and spraying of trees and shrubs; repairing and replacing paths, walkways and trails; removing litter, debris, and garbage. II. Services may include all costs attributable to cleaning, maintaining, servicing, repairing and/or replacing all local ground level street infrastructure (may include reserves for replacement) within local street rights-of-way. Such facilities may include, without limitation, street paving, curbs and gutters, sidewalks, street lighting, hydrants, inlets, street trees and street furniture. III. Services may include costs attributable to police, fire, traffic control, street lighting and recreational services. Maintenance costs will also include a proportionate share of all other expenses that the City of Fresno (City) may incur in administering the CFD No. 11. All Services shall be provided by the City, with its own forces or by contract with third parties, or any combination thereof, to be determined entirely by the City. Nothing in this exhibit or any other exhibit or provision of this resolution shall be construed as committing the City or CFD No. 11 to provide all of the authorized Services or to provide for the payment of or reimbursement for all of the authorized incidental expenses. The provision of Services and/or payment or reimbursement of incidental expenses shall be subject to the continued existence of CFD No. 11 and the availability of sufficient proceeds of special taxes within the CFD No. 11. EXHIBIT D D-1 CITY OF FRESNO Community Facilities District No. 11 Annexation No. 122 Rate and Method of Apportionment of Special Tax Cost Estimate The estimate breaks down the costs of providing 1 year’s service for FY 2020-2021 for Final Tract Map No. 6265. ITEM DESCRIPTION ESTIMATED COST 1 Landscape Operational Costs $6,588.00 2 Other Operational Costs $227.00 3 Reserve for Replacement $6,729.00 4 Incidental Expenses $375.00 Total $13,919.00 Subdivision Appropriation Limit FINAL TRACT MAP NO. MAX. SPECIAL TAX PER RESIDENTIAL UNIT TOTAL TAXABLE UNITS APPROPRIATION LIMIT SUBDIVIDER 6265 $556.76 25 $500,000.00 Raven Custom Homes EXHIBIT D D-2 City of Fresno Community Facilities District No. 11 Annexation No. 122 Rate and Method of Apportionment of Special Tax A Special Tax applicable to each assessor’s parcel in Community Facilities District No. 11 (CFD No. 11) shall be levied and collected according to the tax liability determined by the City Council of the City of Fresno, through the application of the appropriate amount or rate for taxable property, as described below. All of the property in CFD No. 11, unless exempted by law or by the provisions of Section E below, shall be taxed for the purposes, to the extent, and in the manner herein provided, including property subsequently annexed to CFD No. 11 unless a separate Rate and Method of Apportionment of Special Tax is adopted for the annexation area. A. DEFINITIONS The terms hereinafter set forth have the following meanings: “Assessor’s Parcel” or “Parcel” means a lot or parcel shown on an assessor’s parcel map with an assigned assessor’s parcel number. “Assessor’s Parcel Map” means an official map of the County Assessor of the County of Fresno designating parcels by assessor’s parcel number. “City” means the City of Fresno. “City Law ” means the City of Fresno Special Tax Financing Law, Chapter 8, Division 1, Article 3, of the Fresno Municipal Code. “Council” means the City Council of the City of Fresno, acting as the legislative body of CFD No. 11. “Developable Lot” means a lot that is anticipated development of residential or non- residential uses, and which is not an outlot, remainder parcel or other parcel which is not intended to be developed or which must be further subdivided before being developed. “Excluded Parcels” means those assessor’s parcels identified as ineligible for inclusion in CFD No. 11 as shown in “Attachment 1” of this Rate and Method of Apportionment of Special Tax. “Final Map” means a final map, or portion thereof, approved by the Council of the City of Fresno pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) that creates individual developable lots for which building permits may be issued. The term “Final Map” shall not include any assessor’s parcel map or subdivision map or EXHIBIT D D-3 portion thereof that does not create individual developable lots for which a building permit may be issued, including assessor’s parcels that are designated as remainder parcels. “Fiscal Year” means the period starting April 1 and ending on the following March 31. “Maximum Special Tax” means the maximum special tax, determined in accordance with Section C, which can be levied in any Fiscal Year. “Proportionately” means, in any fiscal year, that the ratio of the actual Special Tax to the Maximum Special Tax is equal for all assessor’s parcels in CFD No. 11. “Public Property” means any property within the boundaries of CFD No. 11 that is owned by the federal government, the State of California or other local governments or public agencies. “Reserve for Replacement” means a reasonable reserve pursuant to Fresno Municipal Code 8-1-303(e) (4), as a service cost or expense and not as payment for public facilities under Government Code Section 53321(d). “Residential Unit” means a residential dwelling unit and shall include single-family unattached homes, condominiums, town homes, duplex, triplex and fourplex units, and individual apartment units in a multi-family building. For purposes of the levy of special taxes pursuant to Section C below, “Residential Units” shall include dwelling units already built on taxable property in CFD No. 11, as well as dwelling units planned, but not yet built, when the special tax is levied each fiscal year. “Shared Services” means the costs of services are paid equally by the property owners of two or more subdivisions. “Special Tax” means any special tax to be levied each fiscal year on assessor’s parcels of taxable property to fund the Special Tax Requirement as defined below. “Special Tax Requirement” means the amount necessary in any fiscal year to (i) pay authorized maintenance and improvement expenses, (ii) pay administrative expenses of CFD No. 11, and (iii) cure any delinquencies in the payment of special taxes levied in prior fiscal years or (based on delinquencies in the payment of special taxes which have already taken place) are expected to occur in the fiscal year in which the tax will be collected. “Subdivision” means the division, by any subdivider, of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease, or financing whether immediate or future. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easement or railroad rights-of-way. “Subdivision” includes a condominium project, as defined in Section 4125 of the Civil Code, a community apartment project, as defined in Section 4105 of the Civil Code. EXHIBIT D D-4 “Taxable Property” means all of the assessor’s parcels within the boundaries of CFD No. 11 which are not exempt from the special tax pursuant to law or Section E below. B. CALCULATION OF RESIDENTIAL UNITS On April 1 of each fiscal year, the City of Fresno (City) or its designee shall determine how many residential units are built, or allowed to be built, on assessor’s parcels within CFD No. 11. For parcels of undeveloped property zoned for development of single-family units attached, the number of residential units shall be determined by referencing the condominium plan, apartment plan site plan or other development plan, or by assigning the maximum allowable units permitted based on the underlying zoning for the parcel. Once a single-family attached building or buildings have been built on an assessor’s parcel, the City or its designee shall determine the actual number of residential units contained within the building or buildings, and the special tax levied against the parcel in the next fiscal year shall be calculated by dividing the Special Tax Requirement by the actual number of residential units not to exceed the Maximum Special Tax per residential unit identified for the final map in Section C, Table 1 below. C. MAXIMUM SPECIAL TAX The Maximum Special Tax (MST) applicable to each assessor’s parcel in CFD No. 11 shall be specific to each final map within CFD No. 11. When additional property is annexed to CFD No. 11, the rate and method adopted for the annexed property shall reflect the MST for the final map or final maps then annexed. The Maximum Special Tax for Fiscal Year 2020-2021 for a residential unit within Final Tract Map No. 122X is identified in Table 1 below: Table 1 Maximum Special Tax (Fiscal Year 2020-2021)* Final Tract Map Number** Maximum Special Tax 6265 $556.76 per Residential Unit *Beginning in January of each year, the MST will be adjusted upward annually by 2% or by the rise of the Construction Cost Index (CCI), if it exceeds 2%, for the San Francisco Region for the prior 12-month period (December through December) as published in the Engineering News Record, or published in a comparable index if the Engineering News Record is discontinued or otherwise not available. Each annual adjustment of the MST shall become effective on the subsequent July 1. ** A Special Tax shall be levied on all parcels within an identified final map except excluded parcels as identified in Attachment 1. EXHIBIT D D-5 D. METHOD OF LEVY AND COLLECTION OF THE SPECIAL TAX Commencing with Fiscal Year 2020-2021, the Special Tax shall be levied on all taxable parcels as follows: Step 1: Determine the Special Tax Requirement (as defined in Section A above) for the fiscal year in which the Special Tax will be collected; Step 2: Calculate the total special tax revenues that could be collected from taxable property within CFD No. 11 based on applying the Maximum Special Tax rates determined pursuant to Section C above to the number of residential units on each parcel of taxable property in CFD No. 11; If the amount determined in Step 1 is greater than or equal to the amount calculated in Step 2, levy the Maximum Special Tax set forth in Table 1 above on all parcels of taxable property in CFD No. 11; If the amount determined in Step 1 is less than the amount calculated in Step 2, levy the Special Tax proportionately against all parcels of taxable property up to 100% of the Maximum Special Tax for each subdivision as identified in Table 1, until the amount of the Special Tax levy equals the Special Tax Requirement for that fiscal year. The Special Tax for CFD No. 11 shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 11 may (under the authority of Government Code 53340), in any particular case, bill the taxes directly to the property owner off of the County of Fresno tax roll, and the Special Taxes will be equally subject to penalties and foreclosure if delinquent. E. EXEMPTIONS Notwithstanding any other provision of this Rate and Method of Apportionment of Special Tax, no Special Tax shall be levied on parcels that have been conveyed to a public agency, except as otherwise provided in City Law, and properties receiving a welfare exemption under subdivision (g) of Section 214 of the Revenue and Taxation Code. In addition, no Special Tax shall be levied on excluded parcels or parcels that are determined not to be developable lots. EXHIBIT D D-6 ATTACHMENT 1 City of Fresno Community Facilities District No. 11 Annexation No. 122 Excluded Parcels THERE ARE NO EXCLUDED PARCELS IN FINAL TRACT MAP NO. 6265 City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 21-368,Version:1 REPORT TO THE CITY COUNCIL March 18, 2021 FROM:SCOTT L. MOZIER, PE, Director Public Works Department BY:ANDREW J. BENELLI, PE, City Engineer/Assistant Director Public Works Department, Traffic Operations and Planning Division RANDY GUILL, Supervising Engineering Technician Public Works Department, Traffic Operations and Planning Division SUBJECT Actions pertaining to Final Map of Tract No. 5551 RESOLUTION -Approving the Final Map of Tract No.5551,of Vesting Tentative Tract Map No.5551, and accepting dedicated public uses offered therein-south side of North Salinas Avenue between North Figarden Drive and West Corona Avenue (Council District 2). RECOMMENDATION Staff recommends the City Council adopt a resolution approving the Final Map of Tract No.5551 and accepting the dedicated public uses offered therein,and to authorize the Public Works Director or his designee to execute the subdivision agreement on behalf of the City. EXECUTIVE SUMMARY The Subdivider,Platinum Development LLC,a California Limited Liability Company,has filed for approval,the Final Map of Tract No.5551,of Vesting Tentative Map No.5551,for a 28-lot single- family residential subdivision with two outlots for a private street,utility purposes,and for open space located on the south side of North Salinas Avenue between North Figarden Drive and West Corona Avenue on 4.46 gross acres.The Final Map is technically correct and conforms to the approved Tentative Map, the Subdivision Map Act and the Fresno Municipal Code. BACKGROUND The Fresno City Planning Commission on August 30,2006 approved Vesting Tentative Map No. City of Fresno Printed on 3/12/2021Page 1 of 2 powered by Legistar™ File #:ID 21-368,Version:1 The Fresno City Planning Commission on August 30,2006 approved Vesting Tentative Map No. 5551 (Tentative Map)for a 28-lot single-family residential subdivision on 4.46 gross acres.The Tentative Map was approved consistent with the Fresno General Plan and complies with the provisions of the Subdivision Map Act.The Final Map is technically correct and conforms to the approved Tentative Map,the Subdivision Map Act and the Fresno Municipal Code.The provisions of Section 66474.1 of the Subdivision Map Act require that a final map that is in substantial compliance with the approved tentative map to be approved by the City Council. The Subdivider has satisfied all conditions of approval by completing the public improvements and landscaping prior to recording the final map.A subdivision agreement is not being processed and bonds are not required because all improvements are in place.The Subdivider has paid development impact fees due as a condition of approval for the Final Map in the amount of $189,813.15.Covenants have been executed to defer eligible development impact fees totaling $151,569.06 to the time of issuance of building permit and final occupancy of each unit, acknowledging right-to-farm law,and for relinquishing access rights for certain lots.The City Attorney’s Office has approved all documents as to form. MAINTENANCE DISTRICT:The streets and utilities within this map are private.A homeowner’s association has been formed to maintain the private streets and the landscaping on the Salinas Avenue frontage. ENVIRONMENTAL FINDINGS Pursuant to CEQA Guidelines Section 15268(b)(3),approval of final subdivision maps is a ministerial action and is exempt from the requirements of CEQA. LOCAL PREFERENCE Local preference was not considered because this resolution does not include a bid or award of a construction or services contract. FISCAL IMPACT The Final Map is located in Council District 2.There will be no impact to the City’s General Fund. Approval by the Council will result in timely deliverance of the review and processing of the Final Map as is reasonably expected by the Subdivider.Prudent financial management is demonstrated by the expeditious completion of this Final Map inasmuch as the Subdivider has paid the City a fee for the processing of this Final Map and that fee is,in turn,funding the respective operations of the Public Works Department. Attachments: Resolution Final Map of Tract No. 5551 City of Fresno Printed on 3/12/2021Page 2 of 2 powered by Legistar™ City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 21-405,Version:1 REPORT TO THE CITY COUNCIL March 18, 2021 FROM:Council District 7 SUBJECT Actions pertaining to adding one full-time position to Council District 7 Office Division 1.***Approve 4th Amendment to Position Authorization Resolution No. 2020-160, adding one (1) full-time position to the Council District 7 Office Division, effective March 18, 2021. (Subject to Mayor’s Veto) RECOMMENDATION Staff recommends Council adopt the 4th Amendment to Position Authorization Resolution No. 2021- 160 authorizing the addition of one full-time position to the Council District 7 Office Division. EXECUTIVE SUMMARY The proposed amendment will add one full-time position to the Council District 7 Office Division. BACKGROUND Council District 7 Office Division requires an additional, full-time staff member for operational purposes. ENVIRONMENTAL FINDINGS This is not a “project” for the purpose of CEQA pursuant to CEQA Guidelines Section 15378. LOCAL PREFERENCE The City’s Local Preference Ordinance (FMC 4-108) does not apply - this is not a purchase of services, materials, supplies or equipment, or a competitive bidding solicitation. FISCAL IMPACT There is no impact to the General Fund as District 7 will use existing, allocated funds to fund this City of Fresno Printed on 3/12/2021Page 1 of 2 powered by Legistar™ File #:ID 21-405,Version:1 position. Attachments: -Resolution Adopting the 4th Amendment to Resolution No. 2021-160 City of Fresno Printed on 3/12/2021Page 2 of 2 powered by Legistar™ City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 21-355,Version:1 REPORT TO THE CITY COUNCIL March 18, 2021 FROM:SCOTT L. MOZIER, PE, Director Public Works Department THROUGH:ANDREW J. BENELLI, PE, City Engineer/Assistant Director Public Works Department, Traffic Operations and Planning Division BY:RANDY GUILL, Supervising Engineering Technician Public Works Department, Traffic Operations and Planning Division SUBJECT 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.120 (Final Tract Map No.6224)(southeast corner of East Shields and North Temperance Avenues) (Council District 4) 1.***RESOLUTION -to Annex Territory to Community Facilities District No.11 and Authorizing the Levy of a Special Tax for Annexation No. 120 (Subject to Mayor’s Veto) 2.***RESOLUTION - Calling Special Mailed-Ballot Election (Subject to Mayor’s Veto) 3.***RESOLUTION -Declaring Election Results (Subject to Mayor’s Veto) 4.***BILL -(For introduction and adoption)-Levying a Special Tax for the Property Tax Year 2020-2021 and Future Tax Years Within and Relating to Community Facilities District No. 11, Annexation No. 120 (Subject to Mayor’s Veto) RECOMMENDATIONS 1.Adopt Resolution to Annex Territory to Community Facilities District No.11 and Authorizing the Levy of a Special Tax for Annexation No. 120, 2.Adopt Resolution Calling Special Mailed-Ballot Election, 3.Adopt Resolution Declaring Election Results, and 4.Adopt Ordinance Levying a Special Tax for the Property Tax Year 2020-2021 and Future Tax Years Within and Relating to Community Facilities District No. 11, Annexation No. 120. EXECUTIVE SUMMARY On February 4,2021,the Council of the City of Fresno (Council)adopted Council Resolution No. City of Fresno Printed on 3/12/2021Page 1 of 3 powered by Legistar™ File #:ID 21-355,Version:1 On February 4,2021,the Council of the City of Fresno (Council)adopted Council Resolution No. 2021-030 with the intent to annex territory to Community Facilities District No.11 (CFD No.11)at the request of the landowner of Final Tract Map No.6224.This is the noticed public hearing to consider annexing Final Tract Map No.6224 as Annexation No.120 to CFD No.11 to provide funding for the Services (as hereafter defined)pertaining to certain required above ground public improvements associated with this subdivision.The cost for Services is $651.38 per lot annually. If approved,the recommended resolutions and ordinance will levy a Special Tax on the properties in Final Tract Map No. 6224 for identified Services. (See attached Location and Features map.) BACKGROUND On November 15,2005,the Council adopted Council Resolution No.2005-490 forming CFD No. 11 to fund the maintenance of landscaping,open spaces,local streets,local street lights and street furniture,curbs,gutters,sidewalks,street trees and other public facilities and services as defined by the City of Fresno Special Tax Financing Law,Chapter 8,Division 1,Article 3 of the Fresno Municipal Code (City Law). The landowner of Final Tract Map No.6224 has petitioned the City of Fresno to be annexed into CFD No.11 to provide the funding for the operation and reserves for maintenance (Services) pertaining to the landscaping,trees and irrigation systems within the street rights-of-way,public easements and dedicated Outlots;including the concrete curbs and gutters,valley gutters,major street median maintenance band and capping,sidewalks,curb ramps,street name signage,street lighting,and local street paving associated with this subdivision.This includes,without limitations, all park amenities,equipment,structures,and concrete work.Pursuant to this petition,the Council adopted Council Resolution No.2021-030,declared its intention to annex the Final Tract Map No. 6224 to CFD No.11,and set the public hearing for formal consideration.(See attached Location and Features map.) Resolution No.2021-030 also directed the preparation of an Engineer’s Report describing the Services and the costs of those services and this report is on file with the City Clerk. If adopted by the Council,the attached ordinance would levy the proposed Maximum Special Tax of $651.38 per residential lot to provide Services for Fiscal Year 2020-2021.The Maximum Special Tax will be adjusted upward annually by 2%or by the rise of the Construction Cost Index (CCI),if it exceeds 2% for the San Francisco Region. The levy of the special tax is subject to approval by the qualified electors through a special election.Two additional resolutions are attached for Council consideration pertaining to this special election. Today’s public hearing has been duly noticed and the attached ordinance and resolutions have been approved as to form by the City Attorney’s Office. ENVIRONMENTAL FINDINGS Pursuant to the definition in California Environmental Quality Act Guidelines Section 15378,this action is not a project. City of Fresno Printed on 3/12/2021Page 2 of 3 powered by Legistar™ File #:ID 21-355,Version:1 LOCAL PREFERENCE Local preference was not implemented,as this item does not include a bid or award of a construction or services contract. FISCAL IMPACT No City funds will be involved.All costs for services will be borne by the property owners within the subject tract. Attachments: Location Map Feature Map Sheet 1 of 2 Feature Map Sheet 2 of 2 Resolution Annex-Levy Resolution Calling Election Resolution Declaring Results Ordinance City of Fresno Printed on 3/12/2021Page 3 of 3 powered by Legistar™ 2 of 6 WHEREAS, at the hearing evidence was presented to this Council on the proposed annexation before it, including a report by the Public Works Director (District Report) as to the Services to be provided through CFD No. 11 and the costs thereof, and a copy of the District Report is on file with the City Clerk; and WHEREAS, pursuant to Government Code Section 53339.6, the City Clerk or designee did not receive written protests with respect to the proposed annexation, the specified types of services to be furnished therein, or the rate and method of apportionment of the special taxes therein, from any of the following: (1) at least 50% of the registered voters or six registered voters, whichever is more, residing within the existing community facilities district; (2) at least 50% of the registered voters or six registered voters, whichever is more, residing within the territory proposed for annexation; (3) owners of at least one-half of the area of land in the territory included in the existing community facilities district and not exempt from the special tax; or (4) owners of at least one-half of the area of land in the territory proposed for annexation and not exempt from the special tax; and WHEREAS, the special tax proposed to be levied upon the territory, if annexed, to pay for the proposed Services (set forth in page A-1 of Exhibit A hereto), has not been eliminated through protest of at least fifty percent (50%) or more of the registered voters residing within the territory proposed for annexation, or through protests of landowners not exempt from the special tax and owning at least one-half (½) of the area of land within the proposed annexation. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as follows: 1. Recitals. The foregoing recitals are true and correct. 3 of 6 2. No Majority Protest. The proposed special tax to be levied within the proposed annexation has not been precluded by majority protest pursuant to City Law. 3. Prior Proceedings. The Council duly considered all prior proceedings for the proposed annexation and the levy of the special tax therein, and finds and determines that the proceedings are valid and conform to the requirements of City Law. This Council finds and determines that the proposed annexation conforms to the goals and policies that this Council adopted respecting the formation of CFD No. 11. 4. Boundaries Described. The boundaries of the proposed annexation, set forth in the map of the area proposed for annexation to CFD No. 11, recorded in the Fresno County Recorder’s Office in Book 46 at page 36 of Maps of Assessment and Community Facilities Districts, are approved, incorporated herein by reference, and shall be the boundaries of the Annexation No. 120. 5. Services. The types of public services proposed to be financed by Annexation No. 120 of CFD No. 11 and pursuant to City Law are those listed as services on page A-1 of Exhibit A in the District Report on file with the City Clerk (Services). A copy of which is attached as Exhibit A and incorporated herein by this reference. 6. Special Taxes. Except to the extent that funds are otherwise available to CFD No. 11 to pay for the Services, a special tax sufficient to pay the costs thereof, secured by a continuing lien against all non-exempt real property in CFD No. 11, including the territory to be annexed, will be levied annually within CFD No. 11, and collected in the same manner as ordinary ad valorem property taxes or in any other manner as this Council or its designee shall determine, including direct billing of the affected property owners. The proposed rate and method of apportionment of the special tax among the real property parcels within the territory of the proposed annexation, in sufficient detail to 4 of 6 allow each landowner within the territory of the proposed annexation to estimate the probable maximum amount such owner must pay, are described in the District Report on file with the City Clerk and attached hereto as Exhibit B and incorporated herein by this reference. 7. Tax Collection Authority. The Public Works Director of the City of Fresno or designee, 2600 Fresno Street, Fresno, California 93721 telephone number (559) 621- 1492 is the officer who will be responsible for preparing annually a current roll of special tax levy obligations by assessor’s parcel number and estimating future special tax levies pursuant to City Law. 8. Tax Lien. Upon recordation of a notice of special tax lien, pursuant to Section 3114.5 of the California Streets and Highways Code, a continuing lien to secure each levy of the special tax shall attach to all non-exempt real property in the proposed annexation area. This lien shall continue in force and effect until the special tax obligation ceases and the lien is canceled in accordance with law or until collection of the tax by the City of Fresno ceases. 9. Appropriations Limit. In accordance with City Law, the annual appropriations limit, as defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, of the proposed annexation, is hereby preliminarily established at $500,000 and said appropriations limit shall be submitted to the voters of the proposed annexation as hereafter provided. The proposition establishing said annual appropriations limit shall become effective if approved by the qualified electors voting thereon and shall be adjusted in accordance with the applicable provisions of City Law. 10. Election. Pursuant to the provisions of City Law, the levy of the special tax and the proposition to establish the appropriations limit specified above shall be submitted 5 of 6 to the qualified electors of the proposed annexation at an election the time, place and conditions of which election shall be as specified by a separate resolution of this Council. 11. Effective Date. This Resolution shall take effect upon its adoption. Attachments: Exhibit A - Description of Services Exhibit B - Rate and Method of Apportionment of Special Tax * * * * * * * * * * * * * * 6 of 6 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 2021. AYES : NOES : ABSENT : ABSTAIN : Mayor Approval: , 2021 Mayor Approval/No Return: , 2021 Mayor Veto: , 2021 Council Override Vote: , 2021 YVONNE SPENCE, CRM MMC City Clerk BY: Date Deputy APPROVED AS TO FORM: DOUGLAS T. SLOAN City Attorney BY: Jennifer M. Quintanilla Date Deputy City Attorney EXHIBIT A A-1 CITY OF FRESNO Community Facilities District No. 11 Annexation No. 120 Description of Services to be Financed by Community Facilities District No. 11 for Annexation No. 120 (Final Tract Map No. 6224) The operations and reserves for the maintenance of certain required improvements (Services) that are to be financed by Community Facilities District No. 11 (CFD No. 11) for Final Tract Map No. 6224, Annexation No. 120 are generally as described below. The Services will include all costs (including reserves for replacement) attributable to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas and trees in public street rights-of-way, public landscape easements, public open spaces and other similar landscaped areas officially dedicated for public use. General maintenance will include, without limitation, mowing, edging, fertilizing, aerating and watering grass areas, repairing and replacing irrigation systems as necessary; staking, pruning, replacing and spraying of trees and shrubs; removing litter, debris, and garbage. Services shall include all costs attributable to cleaning, maintaining, servicing, repairing and/or replacing all ground level infrastructure (including reserves for replacement) within public easements and dedicated outlots. Such facilities include, without limitation, concrete curbs and gutters, major street median hardscaping, valley gutters, curb ramps and sidewalks, street name signage and street lighting, and local street paving associated with this subdivision. Such facilities also include, without limitation, all hardscaping and walkways, park amenities, and park equipment and structures within outlot D associated with the subdivision. Services shall include all costs attributable to street lighting services. Maintenance costs will include a proportionate share of all other expenses that the City of Fresno (City) may incur in administering CFD No. 11. All Services shall be provided by the City, with its own forces or by contract with third parties, or any combination thereof, to be determined entirely by the City. Nothing in this exhibit or any other exhibit or provision of this Resolution shall be construed as committing the City or CFD No. 11 to provide all of the authorized Services or to provide for the payment of or reimbursement for all of the authorized incidental expenses. The provision of Services and/or payment or reimbursement of incidental expenses shall be subject to the successful annexation of Annexation No. 120 to CFD No. 11 and the availability of sufficient proceeds of Special Taxes within CFD No. 11. EXHIBIT A A-2 CITY OF FRESNO Community Facilities District No. 11 Formation Description of Services currently financed by Community Facilities District No. 11 The services that are to be financed (Services) by Community Facilities District No. 11 (CFD No. 11) are any and all Services defined by City of Fresno Special Tax Financing Law (Chapter 8, Division 1, Article 3 of the Fresno Municipal Code) and the Mello-Roos Community Facilities Act of 1982 (Chapter 2.5 commencing with Section 53311, of Part 1, Division 2, Title 5 of the California Government Code.) I. Services may include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing all facilities, including hardscaping, in landscaped areas (may include reserves for replacement) in public street rights-of-way, public landscape easements, public trail areas, parkways, and other similar landscaped areas officially dedicated for public use. II. General maintenance will include, without limitation, mowing, edging, fertilizing, seeding, aerating, and watering grass areas; repairing and replacing irrigation systems as necessary; staking, pruning, replacing and spraying of trees and shrubs; repairing and replacing paths, walkways and trails; removing litter, debris, and garbage. II. Services may include all costs attributable to cleaning, maintaining, servicing, repairing and/or replacing all local ground level street infrastructure (may include reserves for replacement) within local street rights-of-way. Such facilities may include, without limitation, street paving, curbs and gutters, sidewalks, street lighting, hydrants, inlets, street trees and street furniture. III. Services may include costs attributable to police, fire, traffic control, street lighting and recreational services. Maintenance costs will also include a proportionate share of all other expenses that the City of Fresno (City) may incur in administering the CFD No. 11. All Services shall be provided by the City, with its own forces or by contract with third parties, or any combination thereof, to be determined entirely by the City. Nothing in this exhibit or any other exhibit or provision of this resolution shall be construed as committing the City or CFD No. 11 to provide all of the authorized Services or to provide for the payment of or reimbursement for all of the authorized incidental expenses. The provision of Services and/or payment or reimbursement of incidental expenses shall be subject to the continued existence of CFD No. 11 and the availability of sufficient proceeds of special taxes within the CFD No. 11. EXHIBIT B B-1 CITY OF FRESNO Community Facilities District No. 11 Annexation No. 120 Rate and Method of Apportionment of Special Tax Cost Estimate The estimate breaks down the costs of providing 1 year’s service for FY 2020-2021 for Final Tract Map No. 6224. ITEM DESCRIPTION ESTIMATED COST 1 Landscape Operational Costs $124,563.00 2 Other Operational Costs $2,033.00 3 Reserve for Replacement $95,499.00 4 Incidental Expenses $5,235.00 Total $227,330.00 Subdivision Appropriation Limit FINAL TRACT MAP NO. MAX. SPECIAL TAX PER RESIDENTIAL UNIT TOTAL TAXABLE UNITS APPROPRIATION LIMIT SUBDIVIDER 6224 $651.38 349 $500,000.00 Lennar Homes of California EXHIBIT B B-2 City of Fresno Community Facilities District No. 11 Annexation No. 120 Rate and Method of Apportionment of Special Tax A Special Tax applicable to each assessor’s parcel in Community Facilities District No. 11 (CFD No. 11) shall be levied and collected according to the tax liability determined by the City Council of the City of Fresno, through the application of the appropriate amount or rate for taxable property, as described below. All of the property in CFD No. 11, unless exempted by law or by the provisions of Section E below, shall be taxed for the purposes, to the extent, and in the manner herein provided, including property subsequently annexed to CFD No. 11 unless a separate Rate and Method of Apportionment of Special Tax is adopted for the annexation area. A. DEFINITIONS The terms hereinafter set forth have the following meanings: “Assessor’s Parcel” or “Parcel” means a lot or parcel shown on an assessor’s parcel map with an assigned assessor’s parcel number. “Assessor’s Parcel Map” means an official map of the County Assessor of the County of Fresno designating parcels by assessor’s parcel number. “City” means the City of Fresno. “City Law ” means the City of Fresno Special Tax Financing Law, Chapter 8, Division 1, Article 3, of the Fresno Municipal Code. “Council” means the City Council of the City of Fresno, acting as the legislative body of CFD No. 11. “Developable Lot” means a lot that is anticipated development of residential or non- residential uses, and which is not an outlot, remainder parcel or other parcel which is not intended to be developed or which must be further subdivided before being developed. “Excluded Parcels” means those assessor’s parcels identified as ineligible for inclusion in CFD No. 11 as shown in “Attachment 1” of this Rate and Method of Apportionment of Special Tax. “Final Map” means a final map, or portion thereof, approved by the Council of the City of Fresno pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) that creates individual developable lots for which building permits may be issued. The term “Final Map” shall not include any assessor’s parcel map or subdivision map or EXHIBIT B B-3 portion thereof that does not create individual developable lots for which a building permit may be issued, including assessor’s parcels that are designated as remainder parcels. “Fiscal Year” means the period starting April 1 and ending on the following March 31. “Maximum Special Tax” means the maximum special tax, determined in accordance with Section C, which can be levied in any Fiscal Year. “Proportionately” means, in any fiscal year, that the ratio of the actual Special Tax to the Maximum Special Tax is equal for all assessor’s parcels in CFD No. 11. “Public Property” means any property within the boundaries of CFD No. 11 that is owned by the federal government, the State of California or other local governments or public agencies. “Reserve for Replacement” means a reasonable reserve pursuant to Fresno Municipal Code 8-1-303(e) (4), as a service cost or expense and not as payment for public facilities under Government Code Section 53321(d). “Residential Unit” means a residential dwelling unit and shall include single-family unattached homes, condominiums, town homes, duplex, triplex and fourplex units, and individual apartment units in a multi-family building. For purposes of the levy of special taxes pursuant to Section C below, “Residential Units” shall include dwelling units already built on taxable property in CFD No. 11, as well as dwelling units planned, but not yet built, when the special tax is levied each fiscal year. “Shared Services” means the costs of services are paid equally by the property owners of two or more subdivisions. “Special Tax” means any special tax to be levied each fiscal year on assessor’s parcels of taxable property to fund the Special Tax Requirement as defined below. “Special Tax Requirement” means the amount necessary in any fiscal year to (i) pay authorized maintenance and improvement expenses, (ii) pay administrative expenses of CFD No. 11, and (iii) cure any delinquencies in the payment of special taxes levied in prior fiscal years or (based on delinquencies in the payment of special taxes which have already taken place) are expected to occur in the fiscal year in which the tax will be collected. “Subdivision” means the division, by any subdivider, of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease, or financing whether immediate or future. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easement or railroad rights-of-way. “Subdivision” includes a condominium project, as defined in Section 4125 of the Civil Code, a community apartment project, as defined in Section 4105 of the Civil Code. EXHIBIT B B-4 “Taxable Property” means all of the assessor’s parcels within the boundaries of CFD No. 11 which are not exempt from the special tax pursuant to law or Section E below. B. CALCULATION OF RESIDENTIAL UNITS On April 1 of each fiscal year, the City of Fresno (City) or its designee shall determine how many residential units are built, or allowed to be built, on assessor’s parcels within CFD No. 11. For parcels of undeveloped property zoned for development of single-family units attached, the number of residential units shall be determined by referencing the condominium plan, apartment plan site plan or other development plan, or by assigning the maximum allowable units permitted based on the underlying zoning for the parcel. Once a single-family attached building or buildings have been built on an assessor’s parcel, the City or its designee shall determine the actual number of residential units contained within the building or buildings, and the special tax levied against the parcel in the next fiscal year shall be calculated by dividing the Special Tax Requirement by the actual number of residential units not to exceed the Maximum Special Tax per residential unit identified for the final map in Section C, Table 1 below. C. MAXIMUM SPECIAL TAX The Maximum Special Tax (MST) applicable to each assessor’s parcel in CFD No. 11 shall be specific to each final map within CFD No. 11. When additional property is annexed to CFD No. 11, the rate and method adopted for the annexed property shall reflect the MST for the final map or final maps then annexed. The Maximum Special Tax for Fiscal Year 2020-2021 for a residential unit within Final Tract Map No. 6224 is identified in Table 1 below: Table 1 Maximum Special Tax (Fiscal Year 2020-2021)* Final Tract Map Number** Maximum Special Tax 6224 $651.38 per Residential Unit *Beginning in January of each year, the MST will be adjusted upward annually by 2% or by the rise of the Construction Cost Index (CCI), if it exceeds 2%, for the San Francisco Region for the prior 12-month period (December through December) as published in the Engineering News Record, or published in a comparable index if the Engineering News Record is discontinued or otherwise not available. Each annual adjustment of the MST shall become effective on the subsequent July 1. ** A Special Tax shall be levied on all parcels within an identified final map except excluded parcels as identified in Attachment 1. EXHIBIT B B-5 D. METHOD OF LEVY AND COLLECTION OF THE SPECIAL TAX Commencing with Fiscal Year 2020-2021, the Special Tax shall be levied on all taxable parcels as follows: Step 1: Determine the Special Tax Requirement (as defined in Section A above) for the fiscal year in which the Special Tax will be collected; Step 2: Calculate the total special tax revenues that could be collected from taxable property within CFD No. 11 based on applying the Maximum Special Tax rates determined pursuant to Section C above to the number of residential units on each parcel of taxable property in CFD No. 11; If the amount determined in Step 1 is greater than or equal to the amount calculated in Step 2, levy the Maximum Special Tax set forth in Table 1 above on all parcels of taxable property in CFD No. 11; If the amount determined in Step 1 is less than the amount calculated in Step 2, levy the Special Tax proportionately against all parcels of taxable property up to 100% of the Maximum Special Tax for each subdivision as identified in Table 1, until the amount of the Special Tax levy equals the Special Tax Requirement for that fiscal year. The Special Tax for CFD No. 11 shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 11 may (under the authority of Government Code 53340), in any particular case, bill the taxes directly to the property owner off of the County of Fresno tax roll, and the Special Taxes will be equally subject to penalties and foreclosure if delinquent. E. EXEMPTIONS Notwithstanding any other provision of this Rate and Method of Apportionment of Special Tax, no Special Tax shall be levied on parcels that have been conveyed to a public agency, except as otherwise provided in City Law, and properties receiving a welfare exemption under subdivision (g) of Section 214 of the Revenue and Taxation Code. In addition, no Special Tax shall be levied on excluded parcels or parcels that are determined not to be developable lots. City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 21-120,Version:1 REPORT TO THE CITY COUNCIL March 18, 2021 FROM:THOMAS ESQUEDA, City Manager GEORGEANNE A. WHITE, Assistant City Manager THROUGH:HENRY FIERRO, Budget Manager Budget and Management Studies Division BY:TODD STERMER, Senior Budget Analyst Budget and Management Studies Division SUBJECT Actions pertaining to amendments to the Master Fee Schedule Resolution No.80-420 to Add,Adjust, or Delete Various Fees: 1.HEARING to Consider Adoption of the 560th Amendment to the Master Fee Schedule Resolution No.80-420 to Add,Adjust,or Delete Various Development Fees Associated with the Current Planning,Building and Safety Services,and Parking Divisions of the Planning and Development Department (Citywide). 2.Adopt a finding of statutory exemption pursuant to California Environmental Quality Act (CEQA)Guidelines Section 15273(a)for amendments to fees pertaining to:(1)Public Utilities -(a)Solid Waste,(b)Wastewater,and (c)Water Division;(2)PARCS;and (3)Planning -(a) CPI adjustment, (b) fee adjustments; and (c) new fees proposed. 3.***RESOLUTION -560th Amendment the Master Fee Schedule Resolution No.80-420 Making Various Changes to the Regulatory,Development,and User Fees in the Current Planning, Building and Safety Services,and Divisions of the Planning and Development Department. (Subject to Mayor’s Veto) 4.***RESOLUTION -561st Amendment to the Master Fee Schedule Resolution No.80-420 to Add, Adjust, Revise or Delete Various Fees (Subject to Mayor’s veto) RECOMMENDATION Staff recommend that Council: 1.Hold a hearing to Consider Adoption of the 560th Amendment to the Master Fee Schedule Resolution No.80-420 to Add,Adjust,or Delete Various Development Fees Associated with the Current Planning,Building and Safety Services,and Parking Divisions of the Planning and Development Department (Citywide); 2.Adopt a finding of statutory exemption pursuant to California Environmental Quality Act City of Fresno Printed on 3/10/2021Page 1 of 5 powered by Legistar™ File #:ID 21-120,Version:1 2.Adopt a finding of statutory exemption pursuant to California Environmental Quality Act (CEQA)Guidelines Section 15273(a)for amendments to fees pertaining to:(1)Public Utilities -(a)Solid Waste,(b)Wastewater,and (c)Water Division;(2)PARCS;and (3)Planning -(a) CPI adjustment, (b) fee adjustments; and (c) new fees proposed. 3.Approve the 560th Amendment the Master Fee Schedule Resolution No.80-420 Making Various Changes to the Regulatory,Development,and User Fees in the Current Planning, Building and Safety Services,and Divisions of the Planning and Development Department. (Subject to Mayor’s Veto) 4.Approve the 561st Amendment to the Master Fee Schedule (MFS)Resolution No.80-420 to Add, Adjust, Revise or Delete Various Fees (Subject to Mayor’s veto) EXECUTIVE SUMMARY The attached resolutions to adopt the 560th and 561st Amendments to the Master Fee Schedule (MFS)Resolution No.80-420 addresses fee changes,and annual routine revisions to the following sections of the MFS:Parks,After School,Recreation and Community Services (PARCS); Planning and Development (Planning); and Public Utilities (DPU). BACKGROUND The annual revision of the MFS is being presented at this time to enable adjustments approved by Council to be incorporated into the planning of the FY 2022 budget.Staff will proceed with estimating revenues for FY 2022 based on the adoption of these updates to the schedule.The following narrative details the proposed fee adjustments by MFS section. PARCS:The PARCS Department is proposing adjustments to four Green Fees at Riverside Municipal Golf Course (Riverside).These adjustments are contractual.Per the terms of the Riverside lease agreement,the Green Fees may be adjusted annually in an amount not to exceed the 12-month percentage change in the U.S.Bureau of Labor Statistics the Consumer Price Index (CPI)(Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-San Jose Area). The cumulative increase to these fees is 1.261%which falls under the maximum of 1.330%based on the CPI change between June 2019 and June 2020.These fees will be effective upon adoption. Planning:Planning is proposing several adjustments to the MFS,as outlined below.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 no sooner than 60 days after final approval or July 1, whichever is later. In addition to a CPI adjustment,Planning is also proposing fifteen text changes,eight fee adjustments, five deletions, and two new fees: ·CPI Adjustment:The Planning and Development Department is proposing to adopt an annual adjustment to construction related fees.An annual CPI adjustment was recommended in the 2019 User Fee Analysis performed by NBS.NBS recommended that user fees be adjusted on an annual basis to keep pace with the cost of inflation.The proposed annual adjustment will be tied to the U.S.Bureau of Labor Statistics Consumer Price Index (Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-San Jose Area).The adjustment will occur annually on July 1,commencing with July 1,2021 City of Fresno Printed on 3/10/2021Page 2 of 5 powered by Legistar™ File #:ID 21-120,Version:1 Jose Area).The adjustment will occur annually on July 1,commencing with July 1,2021 based on the 12-month percentage change for the most current month data that is available. ·Text Changes:The fifteen text changes are proposed in the following sections:(1)Address Change (under Land Use,Zoning,and Division);(2)Conditional Use Permits (under Land Use,Zoning and Land Division);(3)Map -Tentative Parcel Maps (under Land Use and Zoning);(4)Map -Tentative Tract Maps (under Land Use and Zoning);(5)Plan Amendment (under Land Use and Zoning);(6)Site Plan Review (under Land Use and Zoning);(7) Amendment to Approved SPR (under Land Use and Zoning);(8)Building Plan Check - Offsite Improvements (under Subdivision);(9)Special and Consulting Services (Under Subdivision);(10)Footnotes (under Parking Fees);(11)Short Term Daily Rates (under Parking Fees);(12)Fee Notes (under New Construction,Commercial Tenant Improvements, Residential Additions and Miscellaneous Items,including Residential Remodels &Minor Alterations);(13)Fee Notes (under Plan Check &Inspection /Permit Fees for New Construction,Commercial Tenant Improvements &Residential Additions);(14)incorporation of previously omitted tables added (under Miscellaneous Items,including Residential Remodels &Minor Alterations);(15)Fee Notes (under Mechanical Plumbing and Electrical - Stand Alone Projects) ·Fee Adjustments:The eight fee adjustments are proposed in the following sections:(1) Occupancy and Penalty (both under Other Fees related to New Construction,Commercial Tenant Improvements and Residential Additions);(2)Occupancy and Penalty (both under Other Fees related to Miscellaneous Items);(3)Plan Check &Inspection /Permit Fees for Mechanical,Plumbing and Electrical (under Mechanical Plumbing and Electrical -Stand Alone Projects);(4)Penalty (under Other Fees related to Mechanical Plumbing and Electrical Stand Alone Projects);(5)Conditional Use Permits (under Land Use Zoning and Land Division);Environmental Impact Report deposits (under Land Use and Zoning);(6) Planned Development -Standalone (under Land Use and Zoning);(7)Building Plan Check - Planning Review for Commercial and Residential (under Subdivision);and (8)Minor Revised Exhibit (under Conditional Use Permit in the Land Use,Zoning and Land Division section). The fees proposed for adjustment were previously calculated in the 2019 User Fee Analysis prepared by NBS Government Finance Group and changes to these fees were approved by Council on June 20,2019.Staff proposes adjustments to these fees as business practices were revised and associated tasks refined or changed.For each,staff conducted a time-on- task analysis and used the applicable fully burdened hourly rate provide by NBS in the 2019 User Fee Analysis.In a memo dated February 4,2021,staff provided an explanation of these proposed revisions to NBS and requested that NBS review the proposed revisions and the methodology used for consistency with the 2019 User Fee Analysis.After reviewing the proposed changes and discussing them with Planning staff,NBS agreed that the proposed changes are consistent with the practices used in the 2019 User Fee Analysis. Among the changes proposed,staff propose and adjust to the Conditional Use Permit Section to include a Minor Revised Exhibit level of review,similar to the Development Permit level of review.By including this middle level of review,customers are provided a level of review at less cost and time than the “Major”Revised Exhibit.The time to complete processes to complete this level of review were studied in a manner consistent with the City of Fresno Printed on 3/10/2021Page 3 of 5 powered by Legistar™ File #:ID 21-120,Version:1 2019 User Fee Analysis and included in the aforementioned memo to NBS. ·Deletions:The five deletions are proposed in the following sections:(1)Conditional Use Permits (under Land Use,Zoning and Division);(2)Encroachment (under Land Use and Zoning);(3)Planned Community Development (under Land Use and Zoning);(4)Waiver or Interpretation of Development Standards (under Land Use and Zoning);(5)Short Term Daily Rates (under Parking Fees). ·New Fees Proposed:The two newly proposed fees are as follows:(1)Residential Tract Update Review (under Miscellaneous Items,including Residential Remodels and Minor Alterations)and (2)Temporary Event Structure Permit and Inspection (under Other Fees related to Miscellaneous Items). The Residential Tract Update Review fee is an established fee that was regularly charged under a miscellaneous fee category.Staff proposes codifying this as a separate fee in the MFS.To calculate this fee,staff conducted a time-on-task assessment and utilized the fully burdened hourly rate for the Permit Center provide in the 2019 User Fee Analysis.NBS reviewed staff’s calculation of this fee and agreed it is consistent with the practices in the 2019 User Fee Analysis. The Temporary Event Structure Permit was previously charged as a miscellaneous hourly inspection rate.Calculation of this fee was inadvertently omitted from the 2019 User Fee Analysis.To provide specificity to the records of the associated permits,staff propose including a Temporary Event Structure fee in the MFS.This fee was calculated per a cost recovery basis of the inspection time required to issue this permit type.To calculate this fee, staff conducted a time-on-task assessment and utilized the fully burdened hourly rate for the Inspection Services provide in the 2019 NBS Fee Study.NBS reviewed staff’s calculation of this fee and agreed it is consistent with the practices in the 2019 NBS Fee Study. DPU (Solid Waste):The Solid Waste Division is proposing adjustments to the Illegal Dumping Cleanup fee.This fee is being adjusted to recover the current cost of service to clean up illegal dumping throughout the city and is based on the cost of a driver,a heavy equipment operator, equipment and fleet operations and maintenance costs. DPU (Wastewater):The Wastewater Division is proposing adjustments to two fees and the addition of three new fees.The adjustments include a text change related to Hauled Waste Disposal and an increase related to enforcement of the Pretreatment Program meant to reflect current labor costs. The three new fees are special charges billed for service requests and include: ·A fee for processing and reviewing pre-acceptance video inspections filmed by outside contractors for new construction sewer mainlines. ·A fee for city inspection of access structure channel construction when pre-acceptance video inspections by outside contractors do not properly capture the structure. ·A fee for a single Collection System Maintenance employee reports directly to an after-hours sewer service call on private property or a private system. DPU (Water Division):The Water Division is proposing adjustments to fifteen fees.These fees are adjusted annually to reflect the current cost of service and materials.Fees being adjusted City of Fresno Printed on 3/10/2021Page 4 of 5 powered by Legistar™ File #:ID 21-120,Version:1 are adjusted annually to reflect the current cost of service and materials.Fees being adjusted include:Fire Hydrant Damage Repair;Fire Hydrant Permits;Testing and Cleaning for fire hydrant travel meters;Water Supply Well Permits;Monitoring Well Permits;Monitoring Well Inspections; Well Abandonment Permits;Well Destruction Permits;Well Destruction Inspections;Underground Utility Remarking;Blind Washer Installation;Blind Washer Removal;Service Disconnection; Service Restoration; and After Hours Turn On Service. ENVIRONMENTAL FINDINGS Staff has performed a preliminary environmental assessment of the fee updates Amendments to the MFS,as noted above and on the schedules attached hereto,for the following departments are determined to be statutorily exempt pursuant to CEQA Guidelines Section 15273(a):(1)Public Utilities -(a)Solid Waste,(b)Waste Water,and (c)Water Division;(2)PARCS;and (3)Planning -(a) CPI adjustment,(b)fee adjustments;and (c)new fees proposed.These updates are exempt because they pertain to meeting operating expenses, including employee wage rates and materials. Pursuant to the definition in California Environmental Quality Act Guidelines Section 15378,the Planning &Development Department’s text changes and deletions,as noted above and on the schedules attached hereto, are not a “project.” 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 The FY 2022 Budget will be built on the assumption that the fees contained in the 560th and 561st Amendments will be implemented.The effective date of this amendment is July 1,2020,unless otherwise noted. Attachments: 560th Amendment to the Master Fee Resolution 561st Amendment to the Master Fee Schedule Resolution Master Fee Schedule Exhibit A Master Fee Schedule Exhibit B February 4, 2021 Planning & Development Department Memo to NBS February 5, 2021 NBS Letter to Planning & Development Department City of Fresno Printed on 3/10/2021Page 5 of 5 powered by Legistar™ EXHIBIT A CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2020 unless otherwise noted MFS Amendment #554 (January 2020) Page 01 NEW CONSTRUCTION, COMMERCIAL TENANT IMPROVEMENTS, RESIDENTIAL ADDITIONS • Fees are available for encouragement "Inner City", "Inner City-Highway City", "Inner City-Pinedale" and "Inner City-Herndon Townsite" (indicated by "IC", "IC-H", "IC-P" and “IC-HT designations. Please refer to page ? 8-1 for definition of "IC", "IC-H", "IC-P" and “IC-HT” designations (330th, 11/29/96). Designation definitions can be found under the "Land Use, Zoning and Subdivision" section of this Master Fee Schedule. • At the discretion of the Development Director/Designee, fee rates may be adjusted, when special circumstances are found to exist, to reflect the actual cost of processing. Special conditions may result in additional requirements. Also Consult the Land Use, Zoning and Land Division Section • All Mechanical, Plumbing, Electrical and Energy Plan Check Items associated with the New Construction projects are included in the base Plan Check and Inspection Fees of the Project • For all building services not listed in the building sections or for services determined by the City Building Official to be beyond the regular effort established in this fee schedule, a $119.00^ blended hourly rate applies. Type I A Non-combustible construction. Three-hour fire resistive exterior wall complies with Section 603 of the California Building Code. Type I B Non-combustible construction. Two-hour fire resistive exterior walls complies with Section 603 of the Uniform Building Code. Type II A Non-combustible construction. Structural members and partitions must be protected by one-hour fire resistive construction. Type II B Non-combustible construction. No fire resistive quality requirement. Type III A Combustible construction. Exterior walls protected with two-hour fire resistive construction. Masonry or concrete wall construction. Type III B Combustible construction. No fire resistive quality required except exterior walls. Type IV Combustible. Heavy-timber construction. Exterior walls have fire resistive quality of 4 hours. Type V A Combustible construction. Wood frame with exterior walls protected with one-hour fire resistive construction Type V B Combustible construction. No fire resistive quality requirement. ^ Adjusted on July 1 annually, beginning July 1, 2021, based on the 12 month percentage change in the U.S. Bureau of Labor Statistics Consumer Price Index (CPI) (Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-Hayward area), for the most current month that data is available. The chart below provides Construction Types to be used in conjunction with the New Construction Fee Schedules/tables PLANNING & DEVELOPMENT - BUILDING FEES Construction Type (560th Amendment) CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2020 unless otherwise noted MFS Amendment #554 (January 2020)Page 02 Plan Check & Inspection/Permit Fees for NEW CONSTRUCTION, COMMERCIAL TENANT IMPROVEMENTS & RESIDENTIAL ADDITIONS OTHER FEES related to NEW CONSTRUCTION, COMMERCIAL TENANT IMPROVEMENTS & RESIDENTIAL ADDITIONS are as follows: Fee Description & Unit/Time Current Proposed Amnd Addendum to Approved Building Construction Plans 552 Minimum Hour, 1-hour minimum 163.00 hr*^ Appeals 552 Applications for Building Comission, Joint Advisory and Appeals Board Manager Hour, 1-hour minimum 109.00 hr*^ Bluff Preservation Soils Report Review 552 Hour, 1-hour minimum 218.00 hr*^ Building Plan Check (other than base fees)552 Offsite improvements plan check (Coordinate with Planning Division) Single-family / per plan 140.00^ Other uses / per plan 310.00^ Interior only tenant improvements with shell and accessory 47.50^ structures to existing single-family and other uses/per plan Site / amendment 57.00^ Single-family revised site plan Hour, 1-hour minimum 54.00 hr*^ Consulting/Inspection Services--Special 552 Services requested by applicant shall be over and above regular fees During regular business hours. Hour, 1-hour minimum 146.00 hr*^ Other than regular business hours (except Sundays and holidays) Hour, 1-hour minimum 166.00 hr*^ Inspection or consulting service not otherwise listed Hour, 1-hour minimum 146.00 hr*^ ^ Adjusted on July 1 annually, beginning July 1, 2021, based on the 12 month percentage change in the U.S. Bureau of Labor Statistics Consumer Price Index (CPI) (Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-Hayward area), for the most current month that data is available. See attached fee tables under "Plan Check and Inspection Variable Fee Schedules (Tables) for New Construction" PLANNING & DEVELOPMENT - BUILDING FEES 560 560 560 560 560 CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2020 unless otherwise noted MFS Amendment #554 (January 2020) Page 03 OTHER FEES related to NEW CONSTRUCTION, COMMERCIAL TENANT IMPROVEMENTS & RESIDENTIAL ADDITIONS are as follows: Fee Description & Unit/Time Current Proposed Amnd California Building Standards Commision Permit Surcharge 480 Per Permit Valuation 1 - 25,000 1.00 25,001 - 50,000 2.00 50,001 - 75,000 3.00 75,001 - 100,000 4.00 Every 25,000 or fraction thereof above 100,001 Add 1.00 County Facilities Impact Fee Based on County Ordinance and paid to County General Plan and Related Document Update and Maintenance 552 Surcharge on all Building Permits 12.83% Grading Permit (fees are charged on a per permit basis)**505 Single and Multifamily Individual lots Included in Building Permit fee Subdivision land and Commercial lots Separate fee per Miscellaneous fee section Grading Plan Check Review (fees are charged on a per plan 505 basis, unless otherwise noted) Single and Multifamily lots Included in Building Plan Check fee Subdivision land and Commercial lots Separate fee per Miscellaneous fee section Fire Fees (for Fire Protection Systems and related Permits/ See Fire Dept Fees 505 Inspections/Reports) Fire Fees (for Building related Plan Check and Permit/See Planning and 505 Inspection Fees)Development Section of Fire Department Fees Foundation Permit (Multifamily and Commercial only)552 Standard fee 25% of permit fee Minimum 82.00^ Handicapped Plan Check (Multifamily/Commercial only)Incld in Building 505 Plan Check fee ^ Adjusted on July 1 annually, beginning July 1, 2021, based on the 12 month percentage change in the U.S. Bureau of Labor Statistics Consumer Price Index (CPI) (Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-Hayward area), for the most current month that data is available. PLANNING & DEVELOPMENT - BUILDING FEES 560 CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2020 unless otherwise noted MFS Amendment #554 (January 2020) Page 04 OTHER FEES related to NEW CONSTRUCTION, COMMERCIAL TENANT IMPROVEMENTS & RESIDENTIAL ADDITIONS are as follows: Fee Description & Unit/Time Current Proposed Amnd Occupancy 552 Certificate of Occupancy / each (Multifamily/Commercial only)53.50 54.00^ Change of occupancy / per application**Separate fee per Misc fee section Temporary Occupancy Cash deposit to guaranty completion Deposit determined by Director/Designee Inspection and processing / per application 54.00^ Penalty 505 A surcharge will be added for complex/incomplete plans hrly rate* Incorrect address/location given by applicant / per trip)53.50 54.00^ Premature inspection all (work not ready) / per trip 53.50 54.00^ Reinspection other than entitled calls / per trip 80.30 80.00^ Working without required permit / per permit fee 4 times (max.) Renewals - Permits and Plan Checks 552 Building permit renewal of expired permit Standard fee 25% Minimum 54.00^ Plan check renewal of expired plan check Standard fee 25% Minimum 54.00^ Scanning Plans 505 8 ½"x11" / per sheet 0.90 Greater than 8 1/2"x11"/ per sheet 1.80 Seismic Fee (Strong--Motion Instrumentation Seismic motion fees are established 505 and Seismic Hazard Mapping Fee)by the Dept. of Conservation, State of California, and are subject to period change. Solar System Separate fee per Misc fee section 505 Technology - Entitlement Processing System Update 552 Surcharge on all Building Permits 19.00^ Utilities, Construction 505 Temporary use for construction purposes / per inspection Separate fee per MP&E Fee Section Workers' Compensation Insurance Verification 552 Per transaction 27.00^ * The blended rate for the Bldg Division (includes fringe & overhead) is $119.00^ per hr or is the actual hrly of a consultant, if utilized; plus actual extraordinary expenses in either case. ** Permit fees will be reduced by 50 % for the inner-city areas and limited to inner-city residential use properties only for Inner City-Highway City, Inner City-Pinedale, and Inner City-Herndon Townsite areas. ^ Adjusted on July 1 annually, beginning July 1, 2021, based on the 12 month percentage change in the U.S. Bureau of Labor Statistics Consumer Price Index (CPI) (Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-Hayward area), for the most current month that data is available. PLANNING & DEVELOPMENT - BUILDING FEES 560 560 560 560 560 CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2020 unless otherwise noted MFS Amendment #554 (January 2020) Page 05 MISCELLANEOUS ITEMS, including RESIDENTIAL REMODELS & MINOR ALTERATIONS Proposed • Fees are available for encouragement "Inner City", "Inner City-Highway City", "Inner City-Pinedale" and "Inner City-Herndon Townsite" (indicated by "IC", "IC-H", "IC-P" and “IC-HT designations. Please refer to page ? 8-1 for definition of "IC", "IC-H", "IC-P" and “IC-HT” designations (330th, 11/29/96). Designation definitions can be found under the "Land Use, Zoning, and Subdivision" section of this Master Fee Schedule. • At the discretion of the Development Director/Designee, fee rates may be adjusted, when special circumstances are found to exist, to reflect the actual cost of processing. • All Mechanical, Plumbing, Electrical and Energy Plan Check Items associated with these Construction projects are included in the base Plan Check and Inspection Fees of the Project • For all building services not listed in the building sections or for services determined by the City Building Official to be beyond the regular effort established in this fee schedule, a $119.00^ blended hourly rate applies. ^ Adjusted on July 1 annually, beginning July 1, 2021, based on the 12 month percentage change in the U.S. Bureau of Labor Statistics Consumer Price Index (CPI) (Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-Hayward area), for the most current month that data is available. PLANNING & DEVELOPMENT - BUILDING FEES (560th Amendment) CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2020 unless otherwise noted MFS Amendment #554 (January 2020) Page 06 Proposed Plan Check & Inspection / Permit fees for New Construction, Commercial Tenant Improvements & Residential Additions Fee Tables for New Construction, Additions and Major Remodels - Plan Check 560 Construction Type Square Footage:1,000 per project 4,090$ 0.699$ 4,000 per project 6,189$ 0.365$ 10,000 per project 8,381$ 0.188$ 20,000 per project 10,260$ 0.146$ 50,000 per project 14,645$ $ 0.293 Square Footage:1,000 per project 3,723$ 0.635$ 4,000 per project 5,628$ 0.332$ 10,000 per project 7,620$ 0.171$ 20,000 per project 9,326$ 0.133$ 50,000 per project 13,309$ $ 0.266 Square Footage:750 per project 2,236$ 0.902$ 2,000 per project 3,363$ 0.393$ 5,000 per project 4,541$ 0.202$ 10,000 per project 5,551$ 0.157$ 25,000 per project 7,907$ $ 0.316 Square Footage:1,000 per project 3,549$ 0.605$ 4,000 per project 5,364$ 0.316$ 10,000 per project 7,261$ 0.163$ 20,000 per project 8,886$ 0.126$ 50,000 per project 12,679$ $ 0.254 Square Footage:1,000 per project 3,381$ 0.576$ 4,000 per project 5,108$ 0.301$ 10,000 per project 6,913$ 0.155$ 20,000 per project 8,459$ 0.120$ 50,000 per project 12,068$ $ 0.241 ^ Adjusted on July 1 annually, beginning July 1, 2021, based on the 12 month percentage change in the U.S. Bureau of Labor Statistics Consumer Price Index (CPI) (Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-Hayward area), for the most current month that data is available. A-1 : Assembly, Theatres, without Stage A-3 : Assembly, Churches and Religious Buildings A-3 : Assembly, General, Community Halls, Libraries, Museums A-2 : Assembly, Nightclubs, Bars, Restaurants, Banquet Halls A-1 : Assembly, Theatres, with Stage PLANNING & DEVELOPMENT - BUILDING FEES PLAN CHECK AND INSPECTION VARIABLE FEE SCHEDULES FOR NEW CONSTRUCTION Occupancy Type and Class Group A/B^Group C^ Base Cost Cost Per S.F. Between Thresholds Base Cost Cost Per S.F. Between Thresholds Fee Unit CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2020 unless otherwise noted MFS Amendment #554 (January 2020) Page 07 Proposed Plan Check & Inspection / Permit fees for New Construction, Commercial Tenant Improvements & Residential Additions Fee Tables for New Construction, Additions and Major Remodels - Plan Check continued 560 Construction Type Square Footage:2,000 per project 3,959$ 0.338$ 8,000 per project 5,989$ 0.177$ 20,000 per project 8,109$ 0.091$ 40,000 per project 9,927$ 0.071$ 100,000 per project 14,168$ $ 0.142 Square Footage:2,000 per project 3,407$ 0.290$ 8,000 per project 5,148$ 0.152$ 20,000 per project 6,967$ 0.078$ 40,000 per project 8,526$ 0.061$ 100,000 per project 12,163$ $ 0.122 Square Footage:1,000 per project 2,676$ 0.45$ 2,251$ 0.379$ 4,000 per project 4,035$ 0.31$ 3,387$ 0.198$ 10,000 per project 5,922$ 0.13$ 4,574$ 0.102$ 20,000 per project 7,244$ 0.10$ 5,591$ 0.079$ 50,000 per project 10,329$ $ 0.21 7,964$ $ 0.159 Square Footage:500 per project 2,789$ 0.95$ 2,346$ 0.790$ 2,000 per project 4,208$ 0.66$ 3,531$ 0.413$ 5,000 per project 6,176$ 0.28$ 4,770$ 0.212$ 10,000 per project 7,556$ 0.21$ 5,831$ 0.165$ 25,000 per project 10,775$ $ 0.43 8,308$ $ 0.332 Square Footage:1,000 per project 3,470$ 0.591$ 4,000 per project 5,244$ 0.309$ 10,000 per project 7,097$ 0.159$ 20,000 per project 8,686$ 0.124$ 50,000 per project 12,393$ $ 0.248 ^ Adjusted on July 1 annually, beginning July 1, 2021, based on the 12 month percentage change in the U.S. Bureau of Labor Statistics Consumer Price Index (CPI) (Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-Hayward area), for the most current month that data is available. A-4 / A-5 : Assembly, Arenas E : Educational Building F-1 / F-2 : Factory and Industrial (Low and Moderate Hazard) H : All H Occupancies I-1 : Institutional, Supervised Environment PLAN CHECK AND INSPECTION VARIABLE FEE SCHEDULES FOR NEW CONSTRUCTION Occupancy Type and Class Group A/B^Group C^ Fee Unit Base Cost Cost Per S.F. Between Thresholds Base Cost Cost Per S.F. Between Thresholds PLANNING & DEVELOPMENT - BUILDING FEES CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2020 unless otherwise noted MFS Amendment #554 (January 2020) Page 08 Proposed Plan Check & Inspection / Permit fees for New Construction, Commercial Tenant Improvements & Residential Additions Fee Tables for New Construction, Additions and Major Remodels - Plan Check continued 560 Construction Type Square Footage:1,000 per project 3,502$ 0.597$ 4,000 per project 5,292$ 0.312$ 10,000 per project 7,163$ 0.160$ 20,000 per project 8,766$ 0.125$ 50,000 per project 12,507$ $ 0.250 Square Footage:5,000 per project 4,915$ 0.169$ 20,000 per project 7,445$ 0.088$ 50,000 per project 10,089$ 0.045$ 100,000 per project 12,355$ 0.035$ 250,000 per project 17,641$ $ 0.071 Square Footage:500 per project 1,683$ 0.56$ 1,474$ 0.486$ 2,000 per project 2,521$ 0.39$ 2,203$ 0.254$ 5,000 per project 3,685$ 0.16$ 2,964$ 0.131$ 10,000 per project 4,501$ 0.13$ 3,617$ 0.102$ 25,000 per project 6,405$ $ 0.26 5,140$ $ 0.206 Square Footage:5,000 per project 4,431$ 0.15$ 20,000 per project 6,709$ 0.11$ 50,000 per project 9,871$ 0.04$ 100,000 per project 12,087$ 0.03$ 250,000 per project 17,259$ $ 0.07 Square Footage:500 per project 1,966$ 0.66$ 1,658$ 0.550$ 2,000 per project 2,954$ 0.46$ 2,483$ 0.287$ 5,000 per project 4,324$ 0.19$ 3,345$ 0.148$ 10,000 per project 5,284$ 0.15$ 4,084$ 0.115$ 25,000 per project 7,525$ $ 0.30 5,808$ $ 0.232 ^ Adjusted on July 1 annually, beginning July 1, 2021, based on the 12 month percentage change in the U.S. Bureau of Labor Statistics Consumer Price Index (CPI) (Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-Hayward area), for the most current month that data is available. I-3 : Institutional, Restrained B : Offices (High Rise) B : Medical Offices B : Offices, etc. - Complete I-2 : Institutional, Hospitals, Nursing Homes PLANNING & DEVELOPMENT - BUILDING FEES PLAN CHECK AND INSPECTION VARIABLE FEE SCHEDULES FOR NEW CONSTRUCTION Occupancy Type and Class Group A/B^Group C^ Fee Unit Base Cost Cost Per S.F. Between Thresholds Base Cost Cost Per S.F. Between Thresholds CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2020 unless otherwise noted MFS Amendment #554 (January 2020) Page 09 Proposed Plan Check & Inspection / Permit fees for New Construction, Commercial Tenant Improvements & Residential Additions Fee Tables for New Construction, Additions and Major Remodels - Plan Check continued 560 Construction Type Square Footage:2,000 per project 2,514$ 0.212$ 8,000 per project 3,787$ 0.111$ 20,000 per project 5,118$ 0.057$ 40,000 per project 6,258$ 0.044$ 100,000 per project 8,919$ $ 0.089 Square Footage:500 per project 1,553$ 0.513$ 2,000 per project 2,323$ 0.268$ 5,000 per project 3,127$ 0.138$ 10,000 per project 3,817$ 0.107$ 25,000 per project 5,426$ $ 0.217 Square Footage:2,000 per project 3,871$ 0.33$ 3,024$ 0.257$ 8,000 per project 5,855$ 0.23$ 4,564$ 0.134$ 20,000 per project 8,609$ 0.10$ 6,173$ 0.069$ 40,000 per project 10,540$ 0.08$ 7,552$ 0.054$ 100,000 per project 15,045$ $ 0.15 10,770$ $ 0.108 Square Footage:5,000 per project 4,697$ 0.16$ 20,000 per project 7,114$ 0.11$ 50,000 per project 10,469$ 0.05$ 100,000 per project 12,821$ 0.04$ 250,000 per project 18,308$ $ 0.07 Square Footage:500 per project 2,094$ 0.702$ 2,000 per project 3,147$ 0.367$ 5,000 per project 4,248$ 0.189$ 10,000 per project 5,191$ 0.147$ 25,000 per project 7,392$ $ 0.296 ^ Adjusted on July 1 annually, beginning July 1, 2021, based on the 12 month percentage change in the U.S. Bureau of Labor Statistics Consumer Price Index (CPI) (Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-Hayward area), for the most current month that data is available. R-1: Residential, Hotel, Motel (High Rise) R-2 : Residential, Multifamily (Low/Mod Rise Custom or Model Building) I-4 : Institutional, Day Care Facilities M : Mercantile R-1 : Residential, Hotel, Motel (Low/Mod Rise) Cost Per S.F. Between Thresholds Base Cost Cost Per S.F. Between Thresholds PLANNING & DEVELOPMENT - BUILDING FEES PLAN CHECK AND INSPECTION VARIABLE FEE SCHEDULES FOR NEW CONSTRUCTION Occupancy Type and Class Group A/B^Group C^ Fee Unit Base Cost CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2020 unless otherwise noted MFS Amendment #554 (January 2020) Page 10 Proposed Plan Check & Inspection / Permit fees for New Construction, Commercial Tenant Improvements & Residential Additions Fee Tables for New Construction, Additions and Major Remodels - Plan Check continued 560 Construction Type Square Footage:500 per project 1,963$ 0.656$ 2,000 per project 2,947$ 0.343$ 5,000 per project 3,976$ 0.176$ 10,000 per project 4,857$ 0.137$ 25,000 per project 6,915$ $ 0.277 Square Footage:5,000 per project 4,469$ 0.153$ 20,000 per project 6,765$ 0.080$ 50,000 per project 9,164$ 0.041$ 100,000 per project 11,221$ 0.032$ 250,000 per project 16,019$ $ 0.064 Square Footage:500 per project 2,420$ 0.816$ 2,000 per project 3,643$ 0.426$ 5,000 per project 4,922$ 0.219$ 10,000 per project 6,018$ 0.170$ 25,000 per project 8,575$ $ 0.343 Square Footage:500 per project 1,684$ 0.56$ 1,474$ 0.486$ 2,000 per project 2,524$ 0.39$ 2,203$ 0.254$ 5,000 per project 3,689$ 0.16$ 2,964$ 0.131$ 10,000 per project 4,505$ 0.13$ 3,617$ 0.102$ 25,000 per project 6,410$ $ 0.26 5,140$ $ 0.206 Square Footage:1,000 per project 1,459$ 0.24$ 1,279$ 0.209$ 4,000 per project 2,180$ 0.17$ 1,907$ 0.109$ 10,000 per project 3,182$ 0.07$ 2,562$ 0.056$ 20,000 per project 3,883$ 0.05$ 3,123$ 0.044$ 50,000 per project 5,521$ $ 0.11 4,433$ $ 0.089 ^ Adjusted on July 1 annually, beginning July 1, 2021, based on the 12 month percentage change in the U.S. Bureau of Labor Statistics Consumer Price Index (CPI) (Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-Hayward area), for the most current month that data is available. R-2 : Residential, Multifamily (Low/Mod Rise Production/Repeat Building) R-2 : Residential, Multifamily (Custom High Rise Building) S-1 : Repair Garage & Service St (Including Canopy) Occupancy Type and Class Group A/B^Group C^ Fee Unit Base Cost Cost Per S.F. Between Thresholds Base Cost S-1 : Storage, Moderate Hazard R-4 : Residential, Care/Assisted Living Facilities PLANNING & DEVELOPMENT - BUILDING FEES PLAN CHECK AND INSPECTION VARIABLE FEE SCHEDULES FOR NEW CONSTRUCTION Cost Per S.F. Between Thresholds CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2020 unless otherwise noted MFS Amendment #554 (January 2020) Page 11 Proposed Plan Check & Inspection / Permit fees for New Construction, Commercial Tenant Improvements & Residential Additions Fee Tables for New Construction, Additions and Major Remodels - Plan Check continued 560 Construction Type Square Footage:1,000 per project 1,006$ 0.16$ 885$ 0.140$ 4,000 per project 1,490$ 0.11$ 1,306$ 0.073$ 10,000 per project 2,162$ 0.05$ 1,746$ 0.038$ 20,000 per project 2,633$ 0.04$ 2,123$ 0.029$ 50,000 per project 3,733$ $ 0.07 3,002$ $ 0.060 Square Footage:2,000 per project 5,504$ 0.47$ 4,616$ 0.396$ 8,000 per project 8,344$ 0.33$ 6,989$ 0.207$ 20,000 per project 12,285$ 0.14$ 9,469$ 0.106$ 40,000 per project 15,048$ 0.11$ 11,594$ 0.083$ 100,000 per project 21,494$ $ 0.21 16,553$ $ 0.166 Square Footage:333 per project 438$ 0.601$ 667 per project 639$ 0.630$ 1,000 per project 848$ 0.270$ 1,667 per project 1,028$ 0.504$ 2,500 per project 1,448$ $ 0.579 Square Footage:1,000 per project 1,463$ 0.241$ 4,000 per project 2,187$ 0.126$ 10,000 per project 2,942$ 0.065$ 20,000 per project 3,590$ 0.050$ 50,000 per project 5,101$ $ 0.102 Square Footage:1,000 per project 479$ 0.054$ 2,000 per project 533$ 0.163$ 3,000 per project 696$ 0.109$ 5,000 per project 914$ 0.100$ 7,500 per project 1,164$ $ 0.155 ^ Adjusted on July 1 annually, beginning July 1, 2021, based on the 12 month percentage change in the U.S. Bureau of Labor Statistics Consumer Price Index (CPI) (Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-Hayward area), for the most current month that data is available. R-3 : Residential, One or Two-Family (Custom) S-2 : Storage, Low Hazard S-2 : Parking Garage U-1 : Garage, Carport SHELL : Shell Buildings, All Occupancy Types Group A/B^Group C^ Fee Unit Base Cost Cost Per S.F. Between Thresholds Base Cost Cost Per S.F. Between Thresholds PLANNING & DEVELOPMENT - BUILDING FEES PLAN CHECK AND INSPECTION VARIABLE FEE SCHEDULES FOR NEW CONSTRUCTION Occupancy Type and Class CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2020 unless otherwise noted MFS Amendment #554 (January 2020) Page 12 Proposed Plan Check & Inspection / Permit fees for New Construction, Commercial Tenant Improvements & Residential Additions Fee Tables for New Construction, Additions and Major Remodels - Plan Check continued 560 Construction Type Square Footage:1,000 per project 499$ 0.053$ 2,000 per project 552$ 0.160$ 3,000 per project 712$ 0.107$ 5,000 per project 926$ 0.098$ 7,500 per project 1,172$ $ 0.156 Square Footage:1,000 per project 29$ 0.004$ 2,000 per project 32$ 0.011$ 3,000 per project 44$ 0.007$ 5,000 per project 58$ 0.007$ 7,500 per project 75$ $ 0.010 Square Footage:167 per project 205$ 0.117$ 333 per project 225$ 0.348$ 500 per project 283$ 0.233$ 833 per project 360$ 0.214$ 1,250 per project 449$ $ 0.359 Square Footage:300 per project 1,306$ 0.712$ 1,200 per project 1,947$ 0.372$ 3,000 per project 2,616$ 0.191$ 6,000 per project 3,190$ 0.149$ 15,000 per project 4,529$ $ 0.302 Square Footage:500 per project 1,148$ 0.372$ 2,000 per project 1,706$ 0.194$ 5,000 per project 2,290$ 0.100$ 10,000 per project 2,790$ 0.078$ 25,000 per project 3,956$ $ 0.158 ^ Adjusted on July 1 annually, beginning July 1, 2021, based on the 12 month percentage change in the U.S. Bureau of Labor Statistics Consumer Price Index (CPI) (Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-Hayward area), for the most current month that data is available. CALT-A : Comm. Alteration - All Other A Occupancies R-3 : Residential, One or Two-Family (Master Plan) R-3 : Residential, One or Two-Family (Production/Repeat/Standard Plan Infill) R-Addition : Residential - Room Addition CALT-A : Comm. Alteration - Restaurants PLANNING & DEVELOPMENT - BUILDING FEES PLAN CHECK AND INSPECTION VARIABLE FEE SCHEDULES FOR NEW CONSTRUCTION Occupancy Type and Class Group A/B^Group C^ Fee Unit Base Cost Cost Per S.F. Between Thresholds Base Cost Cost Per S.F. Between Thresholds CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2020 unless otherwise noted MFS Amendment #554 (January 2020) Page 13 Proposed Plan Check & Inspection / Permit fees for New Construction, Commercial Tenant Improvements & Residential Additions Fee Tables for New Construction, Additions and Major Remodels - Plan Check continued 560 Construction Type Square Footage:500 per project 1,038$ 0.334$ 2,000 per project 1,538$ 0.174$ 5,000 per project 2,061$ 0.090$ 10,000 per project 2,509$ 0.070$ 25,000 per project 3,555$ $ 0.142 Square Footage:500 per project 1,301$ 0.425$ 2,000 per project 1,939$ 0.222$ 5,000 per project 2,605$ 0.114$ 10,000 per project 3,177$ 0.089$ 25,000 per project 4,510$ $ 0.180 Square Footage:500 per project 1,038$ 0.334$ 2,000 per project 1,538$ 0.174$ 5,000 per project 2,061$ 0.090$ 10,000 per project 2,509$ 0.070$ 25,000 per project 3,555$ $ 0.142 Square Footage:500 per project 1,101$ 0.356$ 2,000 per project 1,634$ 0.186$ 5,000 per project 2,192$ 0.096$ 10,000 per project 2,670$ 0.074$ 25,000 per project 3,784$ $ 0.151 ^ Adjusted on July 1 annually, beginning July 1, 2021, based on the 12 month percentage change in the U.S. Bureau of Labor Statistics Consumer Price Index (CPI) (Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-Hayward area), for the most current month that data is available. CALT-B : Comm. Alteration - Offices/Business CALT-B : Comm. Alteration - Medical Offices CALT-M : Comm. Alteration - Mercantile CALT : Comm. Alteration - All Other Occupancy Types PLANNING & DEVELOPMENT - BUILDING FEES PLAN CHECK AND INSPECTION VARIABLE FEE SCHEDULES FOR NEW CONSTRUCTION Occupancy Type and Class Group A/B^Group C^ Fee Unit Base Cost Cost Per S.F. Between Thresholds Base Cost Cost Per S.F. Between Thresholds CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2020 unless otherwise noted MFS Amendment #554 (January 2020) Page 14 Proposed Plan Check & Inspection / Permit fees for New Construction, Commercial Tenant Improvements & Residential Additions Fee Tables for New Construction, Additions and Major Remodels - Inspection 560 Construction Type Square Footage:1,000 per project 2,193$ 0.068$ 4,000 per project 2,396$ 0.294$ 10,000 per project 4,162$ 0.122$ 20,000 per project 5,380$ 0.134$ 50,000 per project 9,400$ $ 0.188 Square Footage:1,000 per project 2,187$ 0.067$ 4,000 per project 2,389$ 0.294$ 10,000 per project 4,150$ 0.121$ 20,000 per project 5,365$ 0.134$ 50,000 per project 9,374$ $ 0.187 Square Footage:750 per project 1,449$ 0.107$ 2,000 per project 1,584$ 0.389$ 5,000 per project 2,751$ 0.161$ 10,000 per project 3,556$ 0.177$ 25,000 per project 6,213$ $ 0.249 Square Footage:1,000 per project 2,218$ 0.068$ 4,000 per project 2,423$ 0.298$ 10,000 per project 4,210$ 0.123$ 20,000 per project 5,442$ 0.136$ 50,000 per project 9,508$ $ 0.190 Square Footage:1,000 per project 1,843$ 0.057$ 4,000 per project 2,014$ 0.247$ 10,000 per project 3,498$ 0.102$ 20,000 per project 4,522$ 0.113$ 50,000 per project 7,901$ $ 0.158 ^ Adjusted on July 1 annually, beginning July 1, 2021, based on the 12 month percentage change in the U.S. Bureau of Labor Statistics Consumer Price Index (CPI) (Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-Hayward area), for the most current month that data is available. A-1 : Assembly, Theatres, with Stage A-1 : Assembly, Theatres, without Stage A-2 : Assembly, Nightclubs, Bars, Restaurants, Banquet Halls A-3 : Assembly, Churches and Religious Buildings A-3 : Assembly, General, Community Halls, Libraries, Museums PLANNING & DEVELOPMENT - BUILDING FEES PLAN CHECK AND INSPECTION VARIABLE FEE SCHEDULES FOR NEW CONSTRUCTION Occupancy Type and Class Group A/B^Group C^ Base Cost Cost Per S.F. Between Thresholds Base Cost Cost Per S.F. Between Thresholds Fee Unit CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2020 unless otherwise noted MFS Amendment #554 (January 2020) Page 15 Proposed Plan Check & Inspection / Permit fees for New Construction, Commercial Tenant Improvements & Residential Additions Fee Tables for New Construction, Additions and Major Remodels - Inspection continued 560 Construction Type Square Footage:2,000 per project 2,611$ 0.040$ 8,000 per project 2,853$ 0.175$ 20,000 per project 4,957$ 0.073$ 40,000 per project 6,407$ 0.080$ 100,000 per project 11,195$ $ 0.112 Square Footage:2,000 per project 2,280$ 0.035$ 8,000 per project 2,491$ 0.153$ 20,000 per project 4,328$ 0.063$ 40,000 per project 5,595$ 0.070$ 100,000 per project 9,775$ $ 0.098 Square Footage:1,000 per project 2,054$ 0.061$ 1,718$ 0.053$ 4,000 per project 2,236$ 0.334$ 1,877$ 0.231$ 10,000 per project 4,239$ 0.124$ 3,261$ 0.095$ 20,000 per project 5,480$ 0.136$ 4,215$ 0.105$ 50,000 per project 9,574$ $ 0.191 7,365$ $ 0.147 Square Footage:500 per project 2,024$ 0.120$ 1,693$ 0.105$ 2,000 per project 2,204$ 0.658$ 1,850$ 0.455$ 5,000 per project 4,178$ 0.244$ 3,214$ 0.188$ 10,000 per project 5,400$ 0.269$ 4,154$ 0.207$ 25,000 per project 9,434$ $ 0.377 7,258$ $ 0.290 Square Footage:1,000 per project 1,312$ 0.040$ 4,000 per project 1,433$ 0.176$ 10,000 per project 2,490$ 0.073$ 20,000 per project 3,219$ 0.080$ 50,000 per project 5,624$ $ 0.112 ^ Adjusted on July 1 annually, beginning July 1, 2021, based on the 12 month percentage change in the U.S. Bureau of Labor Statistics Consumer Price Index (CPI) (Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-Hayward area), for the most current month that data is available. A-4 / A-5 : Assembly, Arenas E : Educational Building F-1 / F-2 : Factory and Industrial (Low and Moderate Hazard) H : All H Occupancies I-1 : Institutional, Supervised Environment PLANNING & DEVELOPMENT - BUILDING FEES PLAN CHECK AND INSPECTION VARIABLE FEE SCHEDULES FOR NEW CONSTRUCTION Occupancy Type and Class Group A/B^Group C^ Fee Unit Base Cost Cost Per S.F. Between Thresholds Base Cost Cost Per S.F. Between Thresholds CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2020 unless otherwise noted MFS Amendment #554 (January 2020) Page 16 Proposed Plan Check & Inspection / Permit fees for New Construction, Commercial Tenant Improvements & Residential Additions Fee Tables for New Construction, Additions and Major Remodels - Inspection continued 560 Construction Type Square Footage:1,000 per project 768$ 0.024$ 4,000 per project 840$ 0.103$ 10,000 per project 1,459$ 0.043$ 20,000 per project 1,885$ 0.047$ 50,000 per project 3,294$ $ 0.066 Square Footage:5,000 per project 1,050$ 0.006$ 20,000 per project 1,147$ 0.028$ 50,000 per project 1,992$ 0.012$ 100,000 per project 2,575$ 0.013$ 250,000 per project 4,499$ $ 0.018 Square Footage:500 per project 1,473$ 0.087$ 1,281$ 0.079$ 2,000 per project 1,603$ 0.479$ 1,399$ 0.344$ 5,000 per project 3,039$ 0.178$ 2,431$ 0.142$ 10,000 per project 3,929$ 0.196$ 3,142$ 0.157$ 25,000 per project 6,863$ $ 0.275 5,490$ $ 0.220 Square Footage:5,000 per project 7,654$ 0.045$ 20,000 per project 8,332$ 0.249$ 50,000 per project 15,795$ 0.092$ 100,000 per project 20,417$ 0.102$ 250,000 per project 35,670$ $ 0.143 Square Footage:500 per project 1,778$ 0.105$ 1,487$ 0.092$ 2,000 per project 1,935$ 0.578$ 1,625$ 0.399$ 5,000 per project 3,669$ 0.215$ 2,822$ 0.165$ 10,000 per project 4,743$ 0.236$ 3,648$ 0.182$ 25,000 per project 8,285$ $ 0.331 6,374$ $ 0.255 ^ Adjusted on July 1 annually, beginning July 1, 2021, based on the 12 month percentage change in the U.S. Bureau of Labor Statistics Consumer Price Index (CPI) (Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-Hayward area), for the most current month that data is available. PLAN CHECK AND INSPECTION VARIABLE FEE SCHEDULES FOR NEW CONSTRUCTION Occupancy Type and Class Group A/B^Group C^ Fee Unit Base Cost Cost Per S.F. Between Thresholds Base Cost Cost Per S.F. Between Thresholds I-2 : Institutional, Hospitals, Nursing Homes I-3 : Institutional, Restrained B : Offices, etc. - Complete B : Offices (High Rise) B : Medical Offices PLANNING & DEVELOPMENT - BUILDING FEES CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2020 unless otherwise noted MFS Amendment #554 (January 2020) Page 17 Proposed Plan Check & Inspection / Permit fees for New Construction, Commercial Tenant Improvements & Residential Additions Fee Tables for New Construction, Additions and Major Remodels - Inspection continued 560 Construction Type Square Footage:2,000 per project 2,680$ 0.041$ 8,000 per project 2,928$ 0.180$ 20,000 per project 5,087$ 0.074$ 40,000 per project 6,576$ 0.082$ 100,000 per project 11,489$ $ 0.115 Square Footage:500 per project 1,237$ 0.076$ 2,000 per project 1,351$ 0.332$ 5,000 per project 2,348$ 0.137$ 10,000 per project 3,035$ 0.151$ 25,000 per project 5,303$ $ 0.212 Square Footage:2,000 per project 6,637$ 0.098$ 5,154$ 0.080$ 8,000 per project 7,225$ 0.539$ 5,631$ 0.346$ 20,000 per project 13,696$ 0.200$ 9,783$ 0.143$ 40,000 per project 17,704$ 0.220$ 12,646$ 0.157$ 100,000 per project 30,930$ $ 0.309 22,095$ $ 0.221 Square Footage:5,000 per project 9,470$ 0.056$ 20,000 per project 10,309$ 0.308$ 50,000 per project 19,542$ 0.114$ 100,000 per project 25,261$ 0.126$ 250,000 per project 44,132$ $ 0.177 Square Footage:500 per project 3,748$ 0.231$ 2,000 per project 4,095$ 1.006$ 5,000 per project 7,115$ 0.416$ 10,000 per project 9,197$ 0.458$ 25,000 per project 16,069$ $ 0.643 ^ Adjusted on July 1 annually, beginning July 1, 2021, based on the 12 month percentage change in the U.S. Bureau of Labor Statistics Consumer Price Index (CPI) (Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-Hayward area), for the most current month that data is available. Group A/B^Group C^ Fee Unit Base Cost Cost Per S.F. Between Thresholds Base Cost Cost Per S.F. Between Thresholds I-4 : Institutional, Day Care Facilities M : Mercantile R-1 : Residential, Hotel, Motel (Low/Mod Rise) R-1: Residential, Hotel, Motel (High Rise) R-2 : Residential, Multifamily (Low/Mod Rise Custom or Model Building) PLANNING & DEVELOPMENT - BUILDING FEES PLAN CHECK AND INSPECTION VARIABLE FEE SCHEDULES FOR NEW CONSTRUCTION Occupancy Type and Class CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2020 unless otherwise noted MFS Amendment #554 (January 2020) Page 18 Proposed Plan Check & Inspection / Permit fees for New Construction, Commercial Tenant Improvements & Residential Additions Fee Tables for New Construction, Additions and Major Remodels - Inspection continued 560 Construction Type Square Footage:500 per project 2,861$ 0.177$ 2,000 per project 3,126$ 0.768$ 5,000 per project 5,431$ 0.318$ 10,000 per project 7,021$ 0.350$ 25,000 per project 12,266$ $ 0.491 Square Footage:5,000 per project 10,008$ 0.062$ 20,000 per project 10,935$ 0.269$ 50,000 per project 18,997$ 0.111$ 100,000 per project 24,557$ 0.122$ 250,000 per project 42,905$ $ 0.172 Square Footage:500 per project 2,280$ 0.141$ 2,000 per project 2,491$ 0.612$ 5,000 per project 4,328$ 0.253$ 10,000 per project 5,595$ 0.279$ 25,000 per project 9,775$ $ 0.391 Square Footage:500 per project 1,465$ 0.087$ 1,274$ 0.079$ 2,000 per project 1,595$ 0.476$ 1,392$ 0.342$ 5,000 per project 3,024$ 0.177$ 2,419$ 0.142$ 10,000 per project 3,909$ 0.195$ 3,127$ 0.156$ 25,000 per project 6,829$ $ 0.273 5,464$ $ 0.219 Square Footage:1,000 per project 1,415$ 0.042$ 1,231$ 0.038$ 4,000 per project 1,541$ 0.230$ 1,345$ 0.165$ 10,000 per project 2,921$ 0.085$ 2,336$ 0.068$ 20,000 per project 3,775$ 0.094$ 3,020$ 0.075$ 50,000 per project 6,596$ $ 0.132 5,276$ $ 0.106 ^ Adjusted on July 1 annually, beginning July 1, 2021, based on the 12 month percentage change in the U.S. Bureau of Labor Statistics Consumer Price Index (CPI) (Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-Hayward area), for the most current month that data is available. Fee Unit Base Cost Cost Per S.F. Between Thresholds Base Cost Cost Per S.F. Between Thresholds R-2 : Residential, Multifamily (Low/Mod Rise Production/Repeat Building) R-2 : Residential, Multifamily (Custom High Rise Building) R-4 : Residential, Care/Assisted Living Facilities S-1 : Repair Garage & Service St (Including Canopy) S-1 : Storage, Moderate Hazard PLANNING & DEVELOPMENT - BUILDING FEES PLAN CHECK AND INSPECTION VARIABLE FEE SCHEDULES FOR NEW CONSTRUCTION Occupancy Type and Class Group A/B^Group C^ CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2020 unless otherwise noted MFS Amendment #554 (January 2020) Page 19 Proposed Plan Check & Inspection / Permit fees for New Construction, Commercial Tenant Improvements & Residential Additions Fee Tables for New Construction, Additions and Major Remodels - Inspection continued 560 Construction Type Square Footage:1,000 per project 1,307$ 0.039$ 1,137$ 0.035$ 4,000 per project 1,423$ 0.212$ 1,242$ 0.153$ 10,000 per project 2,698$ 0.079$ 2,158$ 0.063$ 20,000 per project 3,487$ 0.087$ 2,790$ 0.069$ 50,000 per project 6,092$ $ 0.122 4,874$ $ 0.097 Square Footage:2,000 per project 3,504$ 0.052$ 2,930$ 0.045$ 8,000 per project 3,814$ 0.285$ 3,201$ 0.197$ 20,000 per project 7,230$ 0.106$ 5,561$ 0.081$ 40,000 per project 9,346$ 0.116$ 7,189$ 0.090$ 100,000 per project 16,327$ $ 0.163 12,561$ $ 0.126 U-1 : Garage, Carport Square Footage:333 per project 206$ 0.057$ 667 per project 225$ 0.499$ 1,000 per project 391$ 0.172$ 1,667 per project 506$ 0.454$ 2,500 per project 884$ $ 0.354 Square Footage:1,000 per project 1,124$ 0.035$ 4,000 per project 1,229$ 0.151$ 10,000 per project 2,134$ 0.062$ 20,000 per project 2,759$ 0.069$ 50,000 per project 4,821$ $ 0.096 Square Footage:1,000 per project 1,553$ 0.107$ 2,000 per project 1,660$ 0.296$ 3,000 per project 1,957$ 0.196$ 5,000 per project 2,348$ 0.337$ 7,500 per project 3,190$ $ 0.425 ^ Adjusted on July 1 annually, beginning July 1, 2021, based on the 12 month percentage change in the U.S. Bureau of Labor Statistics Consumer Price Index (CPI) (Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-Hayward area), for the most current month that data is available. S-2 : Storage, Low Hazard S-2 : Parking Garage SHELL : Shell Buildings, All Occupancy Types R-3 : Residential, One or Two-Family (Custom) Occupancy Type and Class Group A/B^Group C^ Fee Unit Base Cost Cost Per S.F. Between Thresholds Base Cost Cost Per S.F. Between Thresholds PLANNING & DEVELOPMENT - BUILDING FEES PLAN CHECK AND INSPECTION VARIABLE FEE SCHEDULES FOR NEW CONSTRUCTION CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2020 unless otherwise noted MFS Amendment #554 (January 2020) Page 20 Proposed Plan Check & Inspection / Permit fees for New Construction, Commercial Tenant Improvements & Residential Additions Fee Tables for New Construction, Additions and Major Remodels - Inspection continued 560 Construction Type Square Footage:1,000 per project 1,054$ 0.072$ 2,000 per project 1,127$ 0.201$ 3,000 per project 1,328$ 0.133$ 5,000 per project 1,594$ 0.229$ 7,500 per project 2,165$ $ 0.289 Square Footage:167 per project 706$ 0.292$ 333 per project 755$ 0.807$ 500 per project 889$ 0.534$ 833 per project 1,067$ 0.918$ 1,250 per project 1,450$ $ 1.160 Square Footage:300 per project 1,274$ 0.131$ 1,200 per project 1,392$ 0.570$ 3,000 per project 2,419$ 0.236$ 6,000 per project 3,127$ 0.260$ 15,000 per project 5,464$ $ 0.364 Square Footage:500 per project 1,050$ 0.065$ 2,000 per project 1,147$ 0.282$ 5,000 per project 1,992$ 0.117$ 10,000 per project 2,575$ 0.128$ 25,000 per project 4,499$ $ 0.180 Square Footage:500 per project 1,050$ 0.065$ 2,000 per project 1,147$ 0.282$ 5,000 per project 1,992$ 0.117$ 10,000 per project 2,575$ 0.128$ 25,000 per project 4,499$ $ 0.180 ^ Adjusted on July 1 annually, beginning July 1, 2021, based on the 12 month percentage change in the U.S. Bureau of Labor Statistics Consumer Price Index (CPI) (Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-Hayward area), for the most current month that data is available. R-Addition : Residential - Room Addition CALT-A : Comm. Alteration - Restaurants CALT-B : Comm. Alteration - Offices/Business R-3 : Residential, One or Two-Family (Production/Repeat/Standard Plan Infill) Cost Per S.F. Between Thresholds PLANNING & DEVELOPMENT - BUILDING FEES PLAN CHECK AND INSPECTION VARIABLE FEE SCHEDULES FOR NEW CONSTRUCTION Occupancy Type and Class Group A/B^Group C^ Fee Unit Base Cost Cost Per S.F. Between Thresholds Base Cost CALT-A : Comm. Alteration - All Other A Occupancies CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2020 unless otherwise noted MFS Amendment #554 (January 2020) Page 21 Proposed Plan Check & Inspection / Permit fees for New Construction, Commercial Tenant Improvements & Residential Additions Fee Tables for New Construction, Additions and Major Remodels - Inspection continued 560 Construction Type Square Footage:500 per project 1,174$ 0.072$ 2,000 per project 1,283$ 0.315$ 5,000 per project 2,229$ 0.130$ 10,000 per project 2,882$ 0.144$ 25,000 per project 5,035$ $ 0.201 Square Footage:500 per project 1,156$ 0.071$ 2,000 per project 1,263$ 0.310$ 5,000 per project 2,194$ 0.128$ 10,000 per project 2,836$ 0.141$ 25,000 per project 4,955$ $ 0.198 Square Footage:500 per project 1,137$ 0.070$ 2,000 per project 1,242$ 0.305$ 5,000 per project 2,158$ 0.126$ 10,000 per project 2,790$ 0.139$ 25,000 per project 4,874$ $ 0.195 ^ Adjusted on July 1 annually, beginning July 1, 2021, based on the 12 month percentage change in the U.S. Bureau of Labor Statistics Consumer Price Index (CPI) (Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-Hayward area), for the most current month that data is available. CALT-M : Comm. Alteration - Mercantile CALT : Comm. Alteration - All Other Occupancy Types CALT-B : Comm. Alteration - Medical Offices PLANNING & DEVELOPMENT - BUILDING FEES PLAN CHECK AND INSPECTION VARIABLE FEE SCHEDULES FOR NEW CONSTRUCTION Occupancy Type and Class Group A/B^Group C^ Fee Unit Base Cost Cost Per S.F. Between Thresholds Base Cost Cost Per S.F. Between Thresholds CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2020 unless otherwise noted MFS Amendment #554 (January 2020) Page 22 MISCELLANEOUS ITEMS, including RESIDENTIAL REMODELS & MINOR ALTERATIONS Proposed REMODELS & MINOR ALTERATIONS are listed in the following table. Note: Also see Planning and Development Section of Fire Department Fees for Fire Related Plan Check and Permit/Inspection Fees Fee Description & Unit/Time Plan Check Fee $^ Inspect Fee $^Amnd 552 Application Pre-Inspection 54.00 Cellular/Mobile Phone, w/o Equipment Shelter 598.00 557.00 Cellular Tower with Equipment Shelter 798.00 783.00 Change of Occupancy Inspection 27.00 1,079.00 Deck / Patio (non-engineered)190.00 213.00 Deck / Patio (engineered)535.00 213.00 Demolition - Residential 82.00 154.00 Demolition - MultiFamily/Commercial 82.00 178.00 Fence or Wall (wood, chain link, wrought iron) >6 feet in height, 1st 100 lf 190.00 142.00 Each additional 100 lf 0.00 142.00 Fence or Freestanding Wall (masonry / garden) City Standard, 1st 100 l.f.136.00 261.00 Each additional 100 lf 0.00 202.00 Engineered Wall, 1st 100 lf 190.00 213.00 Each additional 100 lf 0.00 83.00 Flag pole (greater than 6 feet in height)190.00 83.00 Grading (Cut and Fill) - Plan Check + As-Grade 0-100 Cubic Yards (Cut or Fill - whichever is greater)525.00 N/A 101-1,000 CY 634.00 N/A 1,001-10,000 CY 770.00 N/A 10,001 CY and over 933.00 N/A Residential Remodel first 500 s.f.182.00 391.00 each additional 500 s.f.0.00 166.00 Partition - Commercial, Interior (first 30 l.f.)190.00 107.00 each add'l. 30 l.f.0.00 83.00 Photovoltaic Systems Residential First 15kW 136.00 130.00 Ea. Add'l kW 9.00 Commercial First 50 kW 381.00 356.00 Ea. Add'l kW up to 250 kW 0.27 2.37 Ea. Add'l kW over 250 kW 0.37 1.19 Stucco / Siding Applications - each 27.00 178.00 ^ Adjusted on July 1 annually, beginning July 1, 2021, based on the 12 month percentage change in the U.S. Bureau of Labor Statistics Consumer Price Index (CPI) (Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-Hayward area), for the most current month that data is available. PLANNING & DEVELOPMENT - BUILDING FEES 560 CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2020 unless otherwise noted MFS Amendment #554 (January 2020) Page 23 MISCELLANEOUS ITEMS, including RESIDENTIAL REMODELS & MINOR ALTERATIONS Proposed REMODELS & MINOR ALTERATIONS are listed in the following table. Note: Also see Planning and Development Section of Fire Department Fees for Fire Related Plan Check and Permit/Inspection Fees Fee Description & Unit/Time continued Plan Check Fee $^ Inspect Fee $^Amnd 552 Relocated Building (within City limits)82.00 498.00 Residential Tract Update Review 327.00 N/A Retaining Wall (concrete or masonry) First 50 lf 190.00 154.00 Each additional 50 lf 0.00 24.00 Re-roofing Composition - no tear off 82.00 47.00 Other roofs (first 10 squares)82.00 83.00 Each additional 10 squares 0.00 24.00 Signs with electric 90.00 107.00 without electric 145.00 71.00 Storage Racks <8 ft, first 100 lf 109.00 83.00 each add'l. 100 lf 27.00 59.00 8 - 12 ft, first 100 lf 109.00 166.00 8 - 12 ft, ea add'l. 100 lf 27.00 95.00 >12 ft, first 100 lf 109.00 202.00 >12 ft, ea. Add'l 100 lf 27.00 119.00 Swimming Pool / Spa - Residential 82.00 308.00 Swimming Pool - Standard Plan - Residential 136.00 N/A Swimming Pool - Standard Plan - Commercial 163.00 N/A Swimming Pool - Other - Commercial 109.00 308.00 ^ Adjusted on July 1 annually, beginning July 1, 2021, based on the 12 month percentage change in the U.S. Bureau of Labor Statistics Consumer Price Index (CPI) (Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-Hayward area), for the most current month that data is available. PLANNING & DEVELOPMENT - BUILDING FEES 560 CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2020 unless otherwise noted MFS Amendment #554 (January 2020) Page 24 MISCELLANEOUS ITEMS, including RESIDENTIAL REMODELS & MINOR ALTERATIONS REMODELS & MINOR ALTERATIONS are listed in the following table. Note: Also see Planning and Development Section of Fire Department Fees for Fire Related Plan Check and Permit/Inspection Fees OTHER FEES related to MISCELLANEOUS ITEMS are as follows: Fee Description & Unit/Time Current Proposed Amnd Addendum to Approved Building Construction Plans 552 Minimum Hour, 1-hour minimum 163.00 hr*^ Appeals 552 Applications for Building Comission, Joint Advisory and Appeals Board Manager Hour, 1-hour minimum 109.00 hr*^ Bluff Preservation Soils Report Review 552 Hour, 1-hour minimum 218.00 hr*^ California Building Standards Commision Permit Surcharge 480 Per Permit Valuation 1 - 25,000 1.00 25,001 - 50,000 2.00 50,001 - 75,000 3.00 75,001 - 100,000 4.00 Every 25,000 or fraction thereof above 100,001 Add 1.00 Consulting/Inspection Services--Special 552 Services requested by applicant shall be over and above regular fees During regular business hours. Hour, 1-hour minimum 146.00 hr*^ Other than regular business hours (except Sundays and holidays) Hour, 1-hour minimum 166.00 hr*^ Inspection or consulting service not otherwise listed Hour, 1-hour minimum 146.00 hr*^ County Facilities Impact Fee paid to County per County Ordinance 505 Fire Fees (for Fire Protection Systems and See Fire Dept Fees 505 related Permits/ Inspections/Reports) Fire Fees (for Building related Plan Check See Planning and Development 505 and Permit/Inspection Fees)Section of Fire Department Fees Grading Plan Check and Permit** per Miscellaneous fee table 505 ^ Adjusted on July 1 annually, beginning July 1, 2021, based on the 12 month percentage change in the U.S. Bureau of Labor Statistics Consumer Price Index (CPI) (Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-Hayward area), for the most current month that data is available. PLANNING & DEVELOPMENT - BUILDING FEES 560 560 560 560 CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2020 unless otherwise noted MFS Amendment #554 (January 2020) Page 25 OTHER FEES related to MISCELLANEOUS ITEMS are as follows: Fee Description & Unit/Time Current Proposed Amnd General Plan and Related Document Update and Maintenance 552 Surcharge on all Building Permits 12.83% Occupancy 552 Certificate of Occupancy / each (Multifamily/Commercial only)53.50 54.00^ Change of occupancy / per application**per Miscellaneous fee table Change of occupancy (Fire) / per application See Fire Dept Fees Temporary Occupancy Cash deposit to guaranty completion Deposit determined by Director/Designee Inspection and processing / per application 54.00^ Paving Replacement Permit 54.00^552 Penalty 505 A surcharge will be added for complex/incomplete plans hrly rate*^ Incorrect address/location given by applicant / per trip)53.50 54.00^ Premature inspection all (work not ready) / per trip 53.50 54.00^ Reinspection other than entitled calls / per trip 80.30 80.00^ Working without required permit / per permit fee 4 times (max.) Relocation/Moving of Building**552 Application and Preinspection for moving building Per Miscellaneous fee table Bond handling fee / per bond 109.00^ Bond Requirements Performance bond-owner Determined by Director/Designee Building permit (subsequent to relocation) Hour, 1-hour minimum 109.00 hr*^ Notice of Intent to Relocate Gas shut-off Set by P.G.& E. Notice of Intent to Relocate Water shut-off ok - Coordinate through Planning Division Plumbing permit, sewer cap or septic tank Per MP&E table ^ Adjusted on July 1 annually, beginning July 1, 2021, based on the 12 month percentage change in the U.S. Bureau of Labor Statistics Consumer Price Index (CPI) (Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-Hayward area), for the most current month that data is available. PLANNING & DEVELOPMENT - BUILDING FEES 560 560 560 560 CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2020 unless otherwise noted MFS Amendment #554 (January 2020) Page 26 OTHER FEES related to MISCELLANEOUS ITEMS are as follows: Fee Description & Unit/Time Current Proposed Amnd Relocation/Moving of Building** - continued 505 Street use/housemoving 54.00^ No-fee written approval any or all Coordinate approvals City General Services Department through Planning City Fire Department Division City Parks and Recreation " City Police Department " City Traffic Engineer " County Engineering Department " Pacific Telephone " Renewals - Permits and Plan Checks 552 Building permit renewal of expired permit Standard fee 25% Minimum 54.00^ Plan check renewal of expired plan check Standard fee 25% Minimum 54.00^ Scanning Plans 505 8 ½"x11" / per sheet 0.90 Greater than 8 1/2"x11"/ per sheet 1.80 Seismic Fee (Strong--Motion Instrumentation Seismic motion fees are established 505 and Seismic Hazard Mapping Fee)by the Dept. of Conservation, State of California, and are subject to periodic change. Signs (other than those listed in fee table)552 Banner permit / per permit 93.00^ Zoning review See Sign section under Covenenants and Special Agreements Technology - Entitlement Processing System Update 552 Surcharge on all Building Permits 19.00^ Temporary Event Structure Permit and Inpsection / per hour 119.00^560 (i.e. tents, stages, etc.) Workers' Compensation Insurance Verification 552 Per transaction 27.00 * The blended rate for the Building Division (includes fringe and overhead) is $119.00^ per hour or is the actual hourly of a consultant, if utilized; plus actual extraordinary expenses in either case. ** Permit fees will be reduced by 50 percent for the inner-city areas and limited to inner-city residential use properties only for Inner City-Highway City, Inner City-Pinedale, and Inner City-Herndon Townsite areas. Fees for relocation within or to an Inner City area will be reduced by 50 percent ^ Adjusted on July 1 annually, beginning July 1, 2021, based on the 12 month percentage change in the U.S. Bureau of Labor Statistics Consumer Price Index (CPI) (Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-Hayward area), for the most current month that data is available. PLANNING & DEVELOPMENT - BUILDING FEES 560 560 560 CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2020 unless otherwise noted MFS Amendment #554 (January 2020) Page 27 MECHANICAL PLUMBING AND ELECTRICAL - STAND ALONE PROJECTS Proposed • At the discretion of the Development Director/Designee, fee rates may be adjusted, when special circumstances are found to exist, to reflect the actual cost of processing. • For all building services not listed in the building sections or for services determined by the City Building Official to be beyond the regular effort established in this fee schedule, a $119.00^ blended hourly rate applies. Plan Check & Inspection/Permit Fees for MECHANICAL, PLUMBING AND ELECTRICAL Stand Alone Projects are listed in the following table Note: Also see Planning and Development Section of Fire Department Fees for Fire Related Plan Check and Permit/Inspection Fees Fee Description & Unit/Time Plan Check Fee $ ^ PlanCheck Fee $ ^Amnd Note: An Administrative Permit Issuance fee will be charged on all projects in the below table. Any Plan Check Services required on the below projects will be billed at the ADMINISTRATIVE (BASE) FEES 552 Permit Issuance - All projects 22.00$ SIMPLE M,P,E SINGLE OR COMBINATION PERMITS -$ 59.00$ 89.00 Simple Mechanical Items: -$ 59.00$ 89.00 Air-handling unit, including attached ducts.-$ 59.00$ 89.00 Air-handling unit over 10,000 CFM -$ 59.00$ 89.00 Evaporative cooler -$ 59.00$ 89.00 Ventilation fan connected to a single duct -$ 59.00$ 89.00 Ventilation system (not a portion of heating or a/c system)-$ 59.00$ 89.00 Hood and duct system.-$ 59.00$ 89.00 Other Misc. appliances or equipment.-$ 59.00$ 89.00 Simple Plumbing Items: Plumbing fixtures -$ 59.00$ 89.00 Building sewer -$ 59.00$ 89.00 Rainwater systems (per drain)-$ 59.00$ 89.00 Water Heater -$ 59.00$ 89.00 Industrial waste pretreatment interceptor -$ 59.00$ 89.00 Water piping and/or water treating equipment (each)-$ 59.00$ 89.00 Repair or alteration of drainage or vent piping, each fixture -$ 59.00$ 89.00 Each lawn sprinkler system on any one meter - [deleted]-$ 59.00$ 89.00 Backflow devices each unit -$ 59.00$ 89.00 Atmospheric-type vacuum breakers -$ 59.00$ 89.00 ^ Adjusted on July 1 annually, beginning July 1, 2021, based on the 12 month percentage change in the U.S. Bureau of Labor Statistics Consumer Price Index (CPI) (Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-Hayward area), for the most current month that data is available. PLANNING & DEVELOPMENT - BUILDING FEES Note: Includes any item or combination of items on the lists below for Mechanical, Plumbing, and Electrical Addition to each heating appliance, refrigeration unit, cooling unit, absorption unit, or each heating, cooling, absorption, or evaporative cooling system. 560 CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2020 unless otherwise noted MFS Amendment #554 (January 2020) Page 28 MECHANICAL PLUMBING AND ELECTRICAL - STAND ALONE PROJECTS Plan Check & Inspection/Permit Fees for MECHANICAL, PLUMBING AND ELECTRICAL Stand Alone Projects are listed in the following table Note: Also see Planning and Development Section of Fire Department Fees for Fire Related Plan Check and Permit/Inspection Fees Fee Description & Unit/Time Plan Check Fee$^ PlanCheck Fee $^Amnd 552 Simple Electrical Items - Systems:-$ 59.00$ 89.00 Residential swimming Pools -$ 59.00$ 89.00 Temporary Power Service -$ 59.00$ 89.00 Temporary power pole.-$ 59.00$ 89.00 Sub poles (each).-$ 59.00$ 89.00 Simple Electricial Items - Units:-$ 59.00$ 89.00 Receptacle, Switch, and Lighting Outlets (per project)-$ 59.00$ 89.00 Lighting Fixtures (per project)-$ 59.00$ 89.00 Pole or platform-mounted lighting fixtures (each)-$ 59.00$ 89.00 Theatrical-type lighting fixtures or assemblies (each)-$ 59.00$ 89.00 Residential Appliances (each)-$ 59.00$ 89.00 -$ 59.00$ 89.00 -$ 59.00$ 89.00 Busways -$ 59.00$ 89.00 -$ 59.00$ 89.00 -$ 59.00$ 89.00 Signs, Outline Lighting, and Marquees -$ 59.00$ 89.00 -$ 59.00$ 89.00 -$ 59.00$ 89.00 -$ 59.00$ 89.00 Miscellaneous Apparatus, Conduits, and Conductors -$ 59.00$ 89.00 -$ 59.00$ 89.00 Residential Photovotaic Systems - each -$ 59.00$ 89.00 ^ Adjusted on July 1 annually, beginning July 1, 2021, based on the 12 month percentage change in the U.S. Bureau of Labor Statistics Consumer Price Index (CPI) (Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-Hayward area), for the most current month that data is available. (An additional fee will be required for lighting fixtures, motors, and other appliances that are connected to trolley and plug-in- type busways. No fee is required for portable tools.) PLANNING & DEVELOPMENT - BUILDING FEES Services of 600 volts or less and not over 400 amperes in rating (each) Electrical apparatus, conduits, and conductors for which a permit is required, but for which no fee is herein set forth Additional branch circuits within the same sign, outline lighting system, or marquee (each) Residential appliances and self-contained, nonresidential appliances, (each) Appliances not exceeding one horsepower (HP), kilowatt (KW), or kilovolt-ampere (KVA), in rating,(each) Trolley and plug-in-type busways - each 100 feet or fraction thereof Signs, Outline Lighting, or Marquees supplied from one branch circuit (each) 560 CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2020 unless otherwise noted MFS Amendment #554 (January 2020) Page 29 MECHANICAL PLUMBING AND ELECTRICAL - STAND ALONE PROJECTS Plan Check & Inspection/Permit Fees for MECHANICAL, PLUMBING AND ELECTRICAL Stand Alone Projects are listed in the following table Note: Also see Planning and Development Section of Fire Department Fees for Fire Related Plan Check and Permit/Inspection Fees Fee Description & Unit/Time Plan Check Fee$^ PlanCheck Fee $^Amnd COMPLEX MECHANICAL STAND-ALONE PERMITS 552 FAU less than 100,000 Btu/h -$ 142.00$ FAU greater than 100,000 Btu/h -$ 142.00$ Floor furnace (including vent)-$ 142.00$ Suspended, wall, or floor-mounted heaters -$ 142.00$ Appliance vents not included in an appliance permit -$ 142.00$ -$ 296.00$ -$ 474.00$ 142.00$ COMPLEX ELECTRICAL STAND-ALONE PERMITS Items on this schedule are issued on a per item basis Nonresidential Appliances 237.00$ Power Apparatus 237.00$ Up to and including 1 (each) - -$ 237.00$ Over 1 and not over 10 (each) - -$ 308.00$ Over 10 and not over 50 (each) - -$ 510.00$ Over 50 and not over 100 (each) - -$ 771.00$ Over 100 (each) - -$ 925.00$ -$ 747.00$ Services over 600 volts or over 1000 amperes in rating (each)-$ 984.00$ Other Complex Electrical -$ 984.00$ ^ Adjusted on July 1 annually, beginning July 1, 2021, based on the 12 month percentage change in the U.S. Bureau of Labor Statistics Consumer Price Index (CPI) (Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-Hayward area), for the most current month that data is available. Motors, generators, transformers, rectifiers, synchronous converters, capacitors, industrial heating, air conditioners and heat pumps, cooking or baking equipment, and other apparatus (all sizes)Rating in horsepower (HP), kilowatts (KW), or kilovolt-amperes (KVA), or kilovolt-amperes-reactive (KVAR): Note: These fees include all switches, circuit breakers, contactors, thermostats, relays, and other directly related control equipment. Services of 600 volts or less and over 400 amperes to 1000 amperes in rating (each) Boiler or compressor, from 3HP to 15 HP / Absorption system from 100,000 Btu/h to 500,000 Btu/h. Other Complex Mechanical Boiler or compressor, up to 3HP / Absorption system up to 100,000 Btu/h. Items on this schedule are issued on a per item basis PLANNING & DEVELOPMENT - BUILDING FEES CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2020 unless otherwise noted MFS Amendment #554 (January 2020) Page 30 MECHANICAL PLUMBING AND ELECTRICAL - STAND ALONE PROJECTS Proposed Plan Check & Inspection/Permit Fees for MECHANICAL, PLUMBING AND ELECTRICAL Stand Alone Projects are listed in the following table Note: Also see Planning and Development Section of Fire Department Fees for Fire Related Plan Check and Permit/Inspection Fees Fee Description & Unit/Time Plan Check Fee $^ PlanCheck Fee $^Amnd COMPLEX MECHANICAL STAND-ALONE PERMITS 552 Fire Suppression System / Commercial Hood 119.00$ Onsite Sewer 6" & Over (per lineal ft)12.00$ 1.58 Onsite Water 6" & Over (per lineal ft)12.00$ 1.58 Onsite Storm Drain 6" & Over (per lineal ft)12.00$ 1.58 Other Complex Plumbing 119.00$ Stand Alone M, P, OR E Plan Check (hourly rate)119.00$ OTHER M, P, OR E INSPECTIONS (hourly rate)119.00$ ^ Adjusted on July 1 annually, beginning July 1, 2021, based on the 12 month percentage change in the U.S. Bureau of Labor Statistics Consumer Price Index (CPI) (Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-Hayward area), for the most current month that data is available. PLANNING & DEVELOPMENT - BUILDING FEES 560 Effective 60 days following adoption CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2020 unless otherwise noted MFS Amendment #554 (January 2020) Page 31 OTHER FEES related to MECHANICAL, PLUMBING and ELECTRICAL Stand Alone projects are as follows: Fee Description & Unit/Time Current Proposed Amnd Addendum to Approved Building Construction Plans 552 Minimum Hour, 1-hour minimum 163.00 hr*^ Appeals 552 Applications for Building Comission, Joint Advisory and Appeals Board Hour, 1-hour minimum 109.00 hr*^ Fire Fees (for Fire Protection Systems and See Fire Dept Fees 505 related Permits/Inspections/Reports) Fire Fees (for Building related Plan Check See Planning and Development Section 505 and Permit/Inspection Fees)Fire Department Fees Consulting/Inspection Services--Special 552 Services requested by applicant shall be over and above regular fees During regular business hours. Hour, 1-hour minimum 146.00 hr*^ Other than regular business hours (except Sundays and holidays) Hour, 1-hour minimum 166.00 hr*^ Inspection or consulting service not otherwise listed Hour, 1-hour minimum 146.00 hr*^ General Plan and Related Document Update and Maintenance 552 Surcharge on all Building Permits 12.83% Penalty 505 A surcharge will be added for complex/incomplete plans hrly rate* ^ Incorrect address/location given by applicant / per trip)53.50 54.00^ Premature inspection all (work not ready) / per trip 53.50 54.00^ Reinspection other than entitled calls / per trip 80.30 80.00^ Working without required permit / per permit fee 4 times (max.) ^ Adjusted on July 1 annually, beginning July 1, 2021, based on the 12 month percentage change in the U.S. Bureau of Labor Statistics Consumer Price Index (CPI) (Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-Hayward area), for the most current month that data is available. PLANNING & DEVELOPMENT - BUILDING FEES 560 560 560 CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2020 unless otherwise noted MFS Amendment #554 (January 2020) Page 32 OTHER FEES related to MECHANICAL, PLUMBING and ELECTRICAL Stand Alone projects are as follows: Fee Description & Unit/Time Current Proposed Amnd Renewals - Permits and Plan Checks 552 Building permit renewal of expired permit Standard fee 25% Minimum 54.00^ Plan check renewal of expired plan check Standard fee 25% Minimum 54.00^ Scanning Plans 505 8 ½"x11" / per sheet 0.90 Greater than 8 1/2"x11"/ per sheet 1.80 Technology - Entitlement Processing System Update 552 Surcharge on all Building Permits 19.00^ Workers' Compensation Insurance Verification 552 Per transaction 27.00^ * The blended rate for the Building Division (includes fringe and overhead) is $119.00^ per hour or is the actual hourly of a consultant, if utilized; plus actual extraordinary expenses in either case. ^ Adjusted on July 1 annually, beginning July 1, 2021, based on the 12 month percentage change in the U.S. Bureau of Labor Statistics Consumer Price Index (CPI) (Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-Hayward area), for the most current month that data is available. PLANNING & DEVELOPMENT - BUILDING FEES 560 560 560 CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2020 unless otherwise noted MFS Amendment #554 (January 2020) Page 33 Proposed • • • •A single review fee for traffic and fire will be charged for multiple concurrent applications. •All application fees do not include environmental assessements. • • Inner City Areas IC ^ Adjusted on July 1 annually, beginning July 1, 2021, based on the 12 month percentage change in the U.S. Bureau of Labor Statistics Consumer Price Index (CPI) (Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-Hayward area), for the most current month that data is available. The Planning and Development Director may authorize absorption of certain fees noted with an "SS" pursuant to the 311th Amendment to the Master Fee Schedule (Resolution No. 94-268, 11/94) and Council Resolution 95-315 (11/28/95) to encourage small subdivisions on infill parcels. Unless otherwise determined by the Planning and Development Director, fees shall be required for the filing of any application under the zoning ordinance by a governmental agency or a public entity including a city, county, school district, or other special district. Fee reductions are available for encouragement of "inner city"projects in the area described below (indicated by "IC", "IC-H", "IC-P"and “IC-HT”in "Acct"column) (314th and 330th Amendment, 12/06/94 and 11/29/96, respectively). Exception: Inner City fee reductions shall not apply to any Alcoholic Beverage Conditional Use Permit (ABCUP)or to applications where uses would contain 3 or more pool tables and or billiard tables (327th Amendment, Resolution No. 96-100, 05/07/96). INNER CITY shall mean the 21 square mile area within the following described boundary: beginning at the intersection of the centerlines of East Shields Avenue and North Chestnut Avenue; thence south along the centerline of Chestnut Avenue to the intersection with the centerline of East California Avenue; thence west along the centerline of California Avenue and projections of said California Avenue to the intersection with the centerline of South West Avenue; thence north along the centerline of West Avenue and projections of said West Avenue to the intersection with the centerline of State Highway 99; thence northwesterly along the centerline of State Highway 99 to the intersection with the centerline of West Shields Avenue; thence east along the centerline of Shields Avenue to the point of beginning.All parcels lying outside the INNER CITY boundary with a legal address on the boundary streets are considered to be within the INNER CITY boundary. For all Planning and Land Section Services not listed in the Land Use and Zoning, and Subdividion sections or for services determined by the Director to be beyond the regular effort established in this fee schedule, a $187.00^ blended hourly rate applies. At the discretion of the Development Director/Designee, fee rates may be adjusted when special circumstances are found to exist to reflect the actual cost of processing. Special conditions may result in additional requirements. LAND USE, ZONING, AND SUBDIVISION PLANNING & DEVELOPMENT FEES CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2020 unless otherwise noted MFS Amendment #554 (January 2020) Page 34 LAND USE, ZONING, AND DIVISION Fee Description & Unit/Time Current Proposed Amnd Address Change 552 Assignement - Parcel Map 224.00^ Assignment - Tract Map first 50 lots or less 476.00^ Assignment - Tract Map per each additional 50 lots or less 187.00^ Change 238.00^ Annexation Application Fee (LAFCO feees must be paid by applicant)552 Inhabited 12,309.00^ Un-inhabited 9,139.00^ Appeal by Applicant (requiring Planning Commission review)839.00^552 Bond/Performance and Surety 511 Processing, handling, and release / per request 187.00^ Surety bond, house mover Minimum bond 2000.00^ City Attorney Development-Related Special Services 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*2 x billable or hrly rate* Other than regular business hours (except Sundays and Holidays) Hour, 1-hour minimum*2.5 x billable or hrly rate* * Billable rate or hourly rate includes fringe of each employee, plus actual expenses. Conditional Use Permit (CUP)552 All CUP Fees will be reduced by 50 percent for the inner-City areas/except for ABCUPs and uses with pool or billiard tables. Application:11,610.00^ File Stuffer 140.00 ^ Adjusted on July 1 annually, beginning July 1, 2021, based on the 12 month percentage change in the U.S. Bureau of Labor Statistics Consumer Price Index (CPI) (Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-Hayward area), for the most current month that data is available. PLANNING & DEVELOPMENT FEES 560 560 560 560 560 CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2020 unless otherwise noted MFS Amendment #554 (January 2020) Page 35 LAND USE, ZONING, AND LAND DIVISION Fee Description & Unit/Time Current Proposed Amnd Conditional Use Permit (CUP) - continued 511 Fire Department Plan Review of CUP Application 247.00 Police Department Review of CUP/per application (exclude senior 210.00 409 citizen functions) Traffic Engineering Review/per application 525 Application Level 1 31.00 Level 2 275.00 Level 3 518.00 Level 4 1,036.00 Amendment to approved CUP (minor)5,092.00^552 Major Revised exhibit (major) / per request (routing required)2,648.00^ Moderate Revised exhibit (minor) / per request (no routing or 492.00 532.00^ limited routing for unsubstantial changes to Fire or DPW only required) minor Moderate RE includes: Reapplication fee for subsequent owners, Fences on a single-family reversed corner lot, Larg-family day-care home (FMC 12-306-N-42) Plus hourly consulting fee as required (all amendments) 1 hour minimum* Minor Revised exhibit / hourly rate 168.00 Corrected Exhibits (all CUPs) after first 2 653.00^552 Special use CUP* Condominim Conversion 22,380.00^ Per 100 Units 3,730.00^ Conditional Use Permit - ABCUP 552 Standard off-sale 10,910.00^ Standalone on-sale (bar /nightclub)5,595.00^ Minimal Impact (on-sale retaurant or tasting room)2,798.00^ Major Modification 1,865.00^ Minor Modification 373.00^ New Alcohol use submitted with full related development permit or CUP 1,865.00^ * Hourly rate of each employee (includes fringe and overhead) or consultant; plus actual extraordinary expenses. ^ Adjusted on July 1 annually, beginning July 1, 2021, based on the 12 month percentage change in the U.S. Bureau of Labor Statistics Consumer Price Index (CPI) (Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-Hayward area), for the most current month that data is available. PLANNING & DEVELOPMENT FEES 560 560 560 CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2020 unless otherwise noted MFS Amendment #554 (January 2020) Page 36 LAND USE AND ZONING Fee Description & Unit/Time Current Proposed Amnd City Street Trees 456 Inspection when planted by private party / per tree 30.00 Covenants 552 Preparation and recording 1,492.00^ Revision of Covenants 933.00^ Release of covenant 560.00^ County recordation fee / per document Current rate Deviation Application 552 Minor Deviation / per application 250.00^ Director’s Determination 552 Per application 1500.00^ Draw-Down Account Administrative Fee 511 Annual fee per account 216.00^ DRC Process 200.00^552 Encroachment 560 Public right-of-way See Street Work Fees Public utility easement / per application 560.00 Rear yard encroachment See Site Plan Review Fees Environmental Assessment Fee (all private and non-entitlement public projects)552 NOTE: Environmental Assessment fees shown with asterisks (*) will bereduced by 50 percent for the inner-City areas. Categorical Exemption / per application 560.00*^ Negative Declaration / per application 5,968.00**^ Mitigated Negative Declaration/per application 10,631.00**^ Related Special Studies for all Eas hrly rate*^ Planning Review of others' Special Studies (each)374.00 Planning Review of Traffic Studies (each)561.00^ Outsourced Initial Study City Facilitation 2,798.00^ Consultant Costs 20,000.00^ *Hourly rate of each employee (includes fringe and overhead) or consultant; plus actual extraordinary expenses. ^ Adjusted on July 1 annually, beginning July 1, 2021, based on the 12 month percentage change in the U.S. Bureau of Labor Statistics Consumer Price Index (CPI) (Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-Hayward area), for the most current month that data is available. PLANNING & DEVELOPMENT FEES See "Encroachment" in Public Works section 560 560 560 560 560 560 CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2020 unless otherwise noted MFS Amendment #554 (January 2020) Page 37 LAND USE AND ZONING Fee Description & Unit/Time Current Amnd Environmental Assessment Fee - continued (all private and non-entitlement public projects)511 NOTE: Environmental Assessment fees shown with asterisks (*) will be reduced by 50 percent for the inner-City areas. Application/Filing Fees (on Fining of Conformity, Mitigating Negative Declaration) City filing fee/application + filing fees 55.00 511 County lerk filing fee/application + filing fees.50.00 464 Fire Department Review Private Project / per application 247.00 Police Department Review/per application (exclude senior 210.00 409 citizen functions) Traffic Engineering Review Private Project / per application 91.00SS Traffic Engineering Review Tentative Parcel and Tract Maps Per application 91.00SS Fish and Game Filing Fee (for applicable projects)Current fee as 546 Payable to: County of Fresno (to be remitted to the reflected on the State of California)California Department of Fish and Wildlife Website. Environmental Impact Report (EIR)552 Analysis of EIR for private projects and non entitlement public projects NOTE: All EIRs are billed based on total Staff Time & Materials with a base deposit required as listed.* Focus - minimum deposit Program - minimum deposit 67,421.00 23,188.00^ 97,448.00 45,815.00^ City filing fee 55.00 County Clerk filing fee 50.00 464 Fish and Game Filing fee for EIRs Current fee as 546 Payable to: County of Fresno (to be remitted to the reflected on the State of California)California Department of Fish and Wildlife Website. *Hourly rate of each employee (includes fringe and overhead) or consultant; plus actual extraordinary expenses. ^ Adjusted on July 1 annually, beginning July 1, 2021, based on the 12 month percentage change in the U.S. Bureau of Labor Statistics Consumer Price Index (CPI) (Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-Hayward area), for the most current month that data is available. PLANNING & DEVELOPMENT FEES 560 CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2020 unless otherwise noted MFS Amendment #554 (January 2020) Page 38 LAND USE AND ZONING Fee Description & Unit/Time Current Proposed Amnd Flood Control Appeal / per application 365.00 Deferment of fees / per application 110.00 Drainage fees of the Fresno Metropolitan Flood Control See Exhibit "C"439 District (FMC 13-13) General Plan and Related Document Update and Maintenance 511 Surcharge on all Building Permits 10% GIS Research Request 187.00^552 Historic Preservation Application 1,306.00^552 Map - Tentative Parcel Map 552 NOTE: Parcel Map fees shown with an asterisk (**) will be reduced by 50 percent for Inner-city areas. Pre-application and Verification 2,798.00^ Tentative Parcel Map Filing (5 lots or more) / each 7,460.00**^ Tentative Parcel Map Filing (4 lots or less) / each 5,595.00**^ Environmental Assessment See Environmental Assessment Fees 290.00 560 134.00 31.00 409 552 Traffic Engineering rReview tentative parcel map / per request Fire Department rReview tentative parcel map / each Parks, Recreation & Community Review tentative parcel map / eac Revised Tentative Parcel Map NOTE: All Revised Parcel Maps are billed based on total staff Time and Materials with a base deposit as listed.* Major / each minimum deposit 1,492.00^ Minor / each minimum deposit 746.00^ Time Extension or Continuation of scheduled 1,865.00^552 item at the request of applicant Revised Conditions Minor 746.00^ Major 2,238.00^ Map - Final Parcel Map See Subdivision Section ^ Adjusted on July 1 annually, beginning July 1, 2021, based on the 12 month percentage change in the U.S. Bureau of Labor Statistics Consumer Price Index (CPI) (Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-Hayward area), for the most current month that data is available. PLANNING & DEVELOPMENT FEES see Traffic Engineering Review / per application under Conditional Use Permit (CUP) 560 560 560 560 560 - CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2020 unless otherwise noted MFS Amendment #554 (January 2020) Page 39 LAND USE AND ZONING Fee Description & Unit/Time Current Proposed Amnd Map - Tentative Tract Map 552 Pre-application and verification / each 3,917.00^ Tentative Tract Map filing Base fee per Map 19,769.00^ Per each 50 lots 7,460.00^ Environmental Assessment See Environmental Assessment Fees UGM Application See UGM Application Fees In Subdivision Section *Hourly rate of each employee (includes fringe and overhead) or consultant; plus actual extraordinary expenses. ^ Adjusted on July 1 annually, beginning July 1, 2021, based on the 12 month percentage change in the U.S. Bureau of Labor Statistics Consumer Price Index (CPI) (Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-Hayward area), for the most current month that data is available. PLANNING & DEVELOPMENT FEES 560 CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2020 unless otherwise noted MFS Amendment #554 (January 2020) Page 40 LAND USE AND ZONING Fee Description & Unit/Time Current Proposed Amnd Traffic Engineering rReview tentative parcel tract map / per request 470.00SS 560 Parks, Recreation & Community Review tentative parcel tract map / each 124.00 Fire Department Review Pre-application / each 134.00 Tentative tract map / each 134.00 Final map / each 134.00 Revised Tentative Tract Map 552 Major / each 11,190.00^ Minor / each 3,730.00^ Time Extension or Continuation of scheduled 5,036.00^552 item at the request of applicant Map - Final Tract Map Filing See Subdivision Section Master Development Agreement 552 NOTE: All Master Development Agreements are billed based on total time & materials with a base deposit require as listed.* Master Development Agreement base deposit 28,535.00^ Meetings - Planning Commision, City Council 552 Special Meeting at request of applicat / per request 2,052.00^ Time Extension or Continuation of scheduled item at the request of applicant 1,679.00^ Official Plan Line - Director's Determination Time & Materials 511 Planning / each 409 (does not include environmental or engineering costs) *Hourly rate of each employee (includes fringe and overhead) or consultant; plus actual extraordinary expenses. ^ Adjusted on July 1 annually, beginning July 1, 2021, based on the 12 month percentage change in the U.S. Bureau of Labor Statistics Consumer Price Index (CPI) (Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-Hayward area), for the most current month that data is available. PLANNING & DEVELOPMENT FEES see Traffic Engineering Review / per application under Conditional Use Permit (CUP) 560 560 560 560 CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2020 unless otherwise noted MFS Amendment #554 (January 2020) Page 41 LAND USE AND ZONING Fee Description & Unit/Time Current Proposed Amnd Plan Modification (Amendments to in-process plans)/ 5,045.00^552 per request Plan Amendment 511 NOTE: Plan Amendment fees shown with asterisks (**) will be reduced by 50 percent for the inner-city areas. Amendments to redevelopment projects not included. New Application 18,184.00** ^552 PA and Rezone Combo 20,049.00** ^ Traffic Engineering review / per proposal 163.00 Planned Community Development 552 NOTE: All Formal Applications for Planned Community Developments and their separate EIRs are billed based on total staff Time & Materials with a base deposit required as listed.* Preliminary Application - inclued project conference, and review 16,692.00 for acceptability for processing (EIR is not included and is charged separately) Formal Application minimum deposit - includes public hearings,33,198.00 Development Agreement preparation and review Planned Development - Standalone 9,325.00 11,610.00^552 Planned Development (related to CUP of DP)3,730.00^552 Planned Development (related to a map, no CUP)5,595.00^552 Private Irrigation Line Maintenance / per linear foot 5.00 *Hourly rate of each employee (includes fringe and overhead) or consultant; plus actual extraordinary expenses. ^ Adjusted on July 1 annually, beginning July 1, 2021, based on the 12 month percentage change in the U.S. Bureau of Labor Statistics Consumer Price Index (CPI) (Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-Hayward area), for the most current month that data is available. PLANNING & DEVELOPMENT FEES 560 560 560 560 560 560 CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2020 unless otherwise noted MFS Amendment #554 (January 2020) Page 42 LAND USE AND ZONING Fee Description & Unit/Time Current Amnd Refunds, Handling Charge 552 NOTE: refunds include Handling fee and are less cost of Staff Time already incurred on project (related to all Building, Planning and Subdivison entitlement fees)* Handling Fee 187.00^ Release Hold on Occupancy 511 Planning Entitlement related 55.00^ Subdivision Entitlement related 413.00^ Release of Lien Recording of release of lien on real property / per release 60.00^500 Response to Zoning Inquiries--Written 552 NOTE: All Responses to Inquiries are based on total Staff Time and Materials with a minimum 1 hour deposit.* Response to basic zoning questions identified on application 187.00^ Response to other / specialized questions 522.00^ Per Parcel / Address fee for requests for multiple addresses 187.00^ or parcels Waiver or Interpretation of Development Standards (staff 746.00^ support for process) Rezoning* NOTE: Rezone fees shown with asterisks(**) will be reduces by 50 percent for the inner-city areas. Rezone (all)11,190.00** ^ Modifications to zoning conditions 10,258.00** ^ Fire Prevention fee per application 134.00 Traffic Engineering review Rezone, all other districts / per application 110.00 Rezone, single family / per application 110.00 Scanning Entitlements 140.00 511 NOTE: All scanning charges are based on a standard quantity of pages to be used per entitlement type and are billed up front with the entitlement fees 8 1/2" x 11" / per sheet (using standard quantities per entitlement)0.90 Greater than 81/2" x 11" / per sheet 1.80 Security Wire Permit Per application 466.00^552 Temporary Use Permit 552 Minor/ over the counter 187.00^ Major / routed 280.00^ *Hourly rate of each employee (includes fringe and overhead) or consultant; plus actual extraordinary expenses. ^ Adjusted on July 1 annually, beginning July 1, 2021, based on the 12 month percentage change in the U.S. Bureau of Labor Statistics Consumer Price Index (CPI) (Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-Hayward area), for the most current month that data is available. PLANNING & DEVELOPMENT FEES 560 560 560 560 560 560 CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2020 unless otherwise noted MFS Amendment #554 (January 2020) Page 43 LAND USE AND ZONING Fee Description & Unit/Time Current Proposed Amnd Signs/Zoning Review 552 Master sign program / per program 1,399.00^ Revision to MSP 373.00^ On-site signs / per application 261.00^ Master sign program conformance review / per application 140.00^ Temporary / Banner 93.00^ Site Plan Review (SPR) Development Permit (DP)10,575.00**^552 NOTE:Site Plan Review Fees shown with asterisks (**) will be reduced by 50 percent for inner-City areas. Fire Prevention fee / per application 247.00 Police Site Plan review / per application (exclude senior 210.00 409 citizen functions) Traffic Engineering review / per application 525 Level 1 31.00 Level 2 275.00 Level 3 518.00 Level 4 1036.00 Amendment to approved SPR DP 552 NOTE: Fees shown with asterisks (**) will be reduced by 50 percent for inner-City areas. Amendment 6714.00^ Major Revised exhibit / per request (routing required)2,648.00** ^ Minor Moderate rRevised exhibit / per request (no routing or 532.00** ^ routing for unsubstantial changes to Fire or DPW only required) plus hourly consulting fee as required (all Amendments) 1 hour minimum* File Stuffer Minor Revised exhibit / hourly rate 168.00^ Rear yard encroachment 187.00^552 ^ Adjusted on July 1 annually, beginning July 1, 2021, based on the 12 month percentage change in the U.S. Bureau of Labor Statistics Consumer Price Index (CPI) (Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-Hayward area), for the most current month that data is available. PLANNING & DEVELOPMENT FEES 560 560 560 560 CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2020 unless otherwise noted MFS Amendment #554 (January 2020) Page 44 LAND USE AND ZONING Fee Description & Unit/Time Current Proposed Amnd Corrected Exhibits (all SPRs) after first two 653.00^552 Special and Consulting Services 552 Services requested by applicant related to land use & zoning. Charges are in addition to the regular application fees, subject to the availability of staff: During regular business hours Hour, 1-hour minimum 187.00 hr* ^ Other than regular business hours (except Sundays and holidays) Hour, 1-hour minimum 191.00 hr* ^ Consulting Service not otherwise listed Hour, 1-hour minimum 187.00 hr* ^ Street Name Change 11,656.00^552 Tree Removal Permit - fee not required for Single Family Homes 187.00^552 Variance 552 NOTE: Variance fees shown with astersiks(**) will be reduced by 50 percent for the inner-city areas. IM Priority Area Variances 1865.00^ Security-related 6,826.00** ^ Single-family residential lot, 1 acre or less/per application 3,730.00** ^ All other applications/per application 9,959.00** ^ Variance associated with a Development Permit or CUP 3730.00^ Voluntary Parcel Merger 627.00^525 Waiver or Interpretation of Development Standards (staff suport for process) Per request 187.00 Zoning Clearance 552 Minor 30.00^ Moderate 373.00^ Major 1,865.00^ Zoning Ordinance Text Amendment 552 Per application 13,242.00^ *Hourly rate of each employee (includes fringe and overhead) or consultant; plus actual extraordinary expenses. ^ Adjusted on July 1 annually, beginning July 1, 2021, based on the 12 month percentage change in the U.S. Bureau of Labor Statistics Consumer Price Index (CPI) (Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-Hayward area), for the most current month that data is available. PLANNING & DEVELOPMENT FEES 560 560 560 560 560 560 560 560 552----- CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2020 unless otherwise noted MFS Amendment #554 (January 2020) Page 45 SUBDIVISION Fee Description & Unit/Time Current Proposed Amnd Building Plan Check - Planning Review 560 Commercial 47.00^ Residential 280.00^ Builidng Building Plan Check - Offsite Improvements 552 Commercial 47.00^300.00^ Residential 280.00^373.00^ Covenants 552 Preparation and recording 1,492.00^ Revision of Covenant 933.00^ Release of Covenant 560.00^ Lot Line Adjustment -511 Application 1,051.00^ Map - Tentaive Parcel Map See Land Use 511 and Zoning Section Map - Final Parcel Map 511 Final Parcel Map filing (5 lots or more) / each 5,134.00^ Final Parcel Map filing (4 lots or less) / each 3,823.00^ Parcel Map Waiver Certificate request / per request 774.00^ Map - Tentaive Tract Map See Land Use 511 and Zoning Section Map - Final Tract Map Filing 511 Map 6,228.00^ Per 50 lots 1,827.00^ Meeting -Planning Commission, City Council 552 Special Meeting at request of applicant / per request 2,052.00^ Time Extension or Continuation of scheduled item at the request of applicant 1679.00^ Special Agreements 552 Special Developments Simple Residential Deferral / per agreement 285.00 Standard / per agreement 640.00 Major / per agreement 1,710.00 Early Construction (Sewer, Water, Streets) / per agreement 450.00 Early Issuance of Building Permit / per agreement 1,865.00^ Revision of Agreement See Covenant Revision Assumption Agreement / per agreement 1,010.00 Substitution of Securities / per agreement 390.00 ^ Adjusted on July 1 annually, beginning July 1, 2021, based on the 12 month percentage change in the U.S. Bureau of Labor Statistics Consumer Price Index (CPI) (Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-Hayward area), for the most current month that data is available. PLANNING & DEVELOPMENT FEES 560 560 560 560 560 560 560 CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2020 unless otherwise noted MFS Amendment #554 (January 2020) Page 46 SUBDIVISION Fee Description & Unit/Time Current Amnd Special and Consulting Services 552 Services requested by applicant related to subdivison fees 52.00 Charges are in additon ot the regular application fees, subject to the availaability availability of staff:2,620.00* During regular business hours Hour, 1-hour minimum 187.00 hr*^ Other than regular business hours (except Sundays and holidays) Hour, 1-hour minimum 191.00 hr*^ Consulting Service not otherwise listed Hour, 1-hour minimum 187.00 hr*^ Street Signs, Striping & Markers 393 Street name sign / per set Overhead Sign (per installation)223.00 Ground Mounted (per installation)151.00 Mounted on Street Light Pole (per installation)142.00 Stop Signs on U-Channel Post (per installation)106.00 Stop Signs on Street Light Pole (per installation)109.00 Street striping and pavement markers / per lane mile 4" White skip or solid .04 per l.f. 6" White solid .12 per l.f. 8" White solid .14 per l.f. 12" White solid .20 per l.f. 4" Yellow skip or solid .06 per l.f. 6" Yellow solid .14 per i.f. 8" Yellow solid .16 per l.f. 12" Yellow solid .22 per l.f. New letters and turn arrows (each letter or arrow)5.50 Install handi-cap stalls 25.00 ea. Raised wheel stops 25.00 ea. Removal of any striping or stenciling .70 per foot Labor rate (per hour)35.34 per hr Warning and regulatory signs / per sign 77.00 NOTE: see also Public Works for fees on Bike Land Striping *Hourly rate of each employee (includes fringe and overhead) or consultant; plus actual extraordinary expenses. ^ Adjusted on July 1 annually, beginning July 1, 2021, based on the 12 month percentage change in the U.S. Bureau of Labor Statistics Consumer Price Index (CPI) (Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-Hayward area), for the most current month that data is available. PLANNING & DEVELOPMENT FEES 560 CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2020 unless otherwise noted MFS Amendment #554 (January 2020) Page 47 PARKING FEES Fee Description & Unit/Time Current Proposed Amnd Parking, City of Fresno Employees All lots / per month 15.00 Replacement permit / per replacement 10.00 Official vehicle permit / per month 20.00 Parking, DMV Hold Administrative Fee Per violation 5.00 Parking Late Payment Penalties 546 Overtime Parking Penalty / per violation Restricted Zone Penalty / per violation Parking, Administrative penalties / per violation 33.00 Parking Penalties - Disabled or Handicapped / per violation 33.00 Off Street Parking^554 Mall Specific and Non-Mall Specific Areas, Permits Parking Rates in Garages and Lots Permit Hours based on Option Selected and Fees Paid. All Permits will be assigned a specific Garage or Lot, dependent on location selected and Plan. 6 am to 6pm, Mon-Fri Surface lot permit per month^75.00 554 Structure permit per month^90.00 554 Bulk Annual Purchase^ Monthly parking contracts purchased in bulk 64.00 531 (50 permits or more) will be at a flat fee per month per permit MET LOT ONLY Monthly parking contracts purchased in bulk 40.00 554 (10 permits or more) will be at a flat fee per permit Failure to pay overtime parking fee within 15 days Per incident 5.00 Failure to purchase repeat monthly parking permit within first 5 10.00 working days of month / per incident Replacement Permit / per incident 10.00 480 ^ Staff shall administratively update the parking fees adjusted by Resolution 2017-16 annually to reflect the twelve month percentage change in the U. S. Bureau of Labor Statistics Consumer Price Index (CPI) (Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-San Jose Hayward Area), for the most current month that data is available, or 3% whichever is less. PLANNING & DEVELOPMENT FEES Equal to Penalty Equal to Penalty 560 CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2020 unless otherwise noted MFS Amendment #554 (January 2020) Page 48 PARKING FEES Fee Description & Unit/Time Current Proposed Amnd City Department Sponsored Permits 554 Annual Permits for City vendors, board, and committee members 240.00 City Hall North Lot / per day 5.00 Promenade Lot / per day 2.00 Short term Daily Rates in Garages and Lots - Non-Event Days 546 (Garage 8 and Surface Lots) First hour 0-60 minutes 3.00 Each additional hour 0-60 minutes 1.00 Maximum per day 9.00 9.00 Promenade Lot Daily Rate 5.00 554 Validation Tickets Bulk purchase only by business owners with valid business license issued by the City of Fresno Registered Businesses w/Business Tax ID, or Governmental Agencies First hour/per ticket 1.50 480 Any other hour/per ticket 0.50 Short Term Daily Rates 546 in Garages and Lots - Non-Event Days (Convention Center, Garages 4, 7, and 9) (Congo Alley Garage 4, Spiral Garage 7 & Merced Garage 9) First house 0-60 minutes Free Underground Garage 8 & Convention Center Garage First hour 0-60 minutes 3.00 Each additional hour 0-60 minutes 1.00 Maximum per day 9.00 9.00 Validation Tickets Bulk purchase only by business owners with valid Business Tax ID, or Governmental Agencies Per ticket 0.50 Event Parking*546 Weekday event for vehicles exiting before 6pm 5.00 Convention Center Garage Special Event Rate / per vehicle 554 Garages 4, 7 & 8 Special Event Rate / per vehicle $7.00 - $25.00 Parking Meters**$7.00 - $25.00 * Rate may vary based on City and event related agreements. ** Certain parking meters near off-street parking facilities may be configured to allow for flat-rate parking during events. PLANNING & DEVELOPMENT FEES Exit without permit / ticket Exit without permit / ticket $10.00 - $25.00 560 CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2020 unless otherwise noted MFS Amendment #554 (January 2020) Page 49 PARKING FEES Fee Description & Unit/Time Current Amnd Parking Penalties - Disabled or Handicapped 546 Parking in handicapped crosshatch zone (CVC 22507.8) / per 350.00 violation Parking in handicapped zone (CVC 22507.8) / per violation 350.00 Parking in spaces for the disabled (CVC 22507.8) / per violation 350.00 Misuse of disabled placard (CVC 4461) / per violation 500.00 Parking, Restricted Zone Penalties 554 Parked on Public Grounds (CVC 21113(a)(1))100.00 Not Parked within 18 Inches of Curb (CVC 22502(a))100.00 Vehicle Parked unattended Motor Running (CVC 2215(a))43.00 Parked immobilized vehicle (MC 14-1006 (c))43.00 Parked in Alley not Right Hand Side (MC 14-1013(c))100.00 Block Alley Leaving < 10 ft (MC 14-1013(d))43.00 Parked on City Owned Lot/No Permit (MC 14-1014(c))43.00 Parkway (MC 14-1002, 13-301(d))43.00 Parallel Parked Divided Hwy (MC 14-1104(b))43.00 Not Parked within Marked Space (MC 14-1413)43.00 Parked at Postal Mailing Curb (MC 14-1202(a)(3)(iv))43.00 Taxi Cab not Parked in Taxi Zone (MC 14-1204)43.00 Parked in Official Car Zone (MC 14-1205)43.00 Parked in Taxi Zone (MC 14-1206)(c))43.00 Parked in Yellow Zone (MC 14-1207)43.00 Parked in Passenger Zone (MC 14-1208)43.00 Parked on Private Property (MC 14-802)43.00 Parked in Restricted Zone (MC 14-1107(c))43.00 No Stopping/Tow Away Zone (MC 14-1004)58.00 Posted or Painted No Parking (MC 14-1005(c))58.00 Parked Street Under Repair (MC 14-1005(g))58.00 Wrong Way Parked Street or Alley (MC 14-601(a))58.00 Not Connected at Electric Vehicle Charging Station (MC 14-1022(b))100.00 Parking, Downtown 546 On/off street meters Meter per hour 1.00 to 1.50 Meter Occupancy Permit, per month^160.00 531 After the 15th of the month^81.00 554 Parking meter SmartCard, per card 3.00 518 ^ PLANNING & DEVELOPMENT FEES Staff shall administratively update the parking fees adjusted by Resolution 2017-16 annually to reflect the twelve month percentage change in the U. S. Bureau of Labor Statistics Consumer Price Index (CPI) (Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-San Jose Hayward Area), for the most current month that data is available, or 3% whichever is less. 558 Effective 8/20/2020 EXHIBIT B CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2020 unless otherwise noted MFS Amendment #554 (January 2020) Page 01 RIVERSIDE MUNICIPAL GOLF COURSE - GREEN FEES Fee Description & Unit/Time Current Proposed Amnd Art, Park, Entertainment & Sports (Applicable at all City owned facilities.546 The Arts, Park, Entertainment and Sports (APES) ticket surcharge fee is to be applied to all tickets sold for attendance to all event types and on each round of golf, irrespective of the ticket selling party, irrespective of ticket price. The City reserves the right to waive the surcharge upon City Manager approval). Per ticket (or attendee) and on each round of golf 1.00 Weekdays 25.00 26.00 554 after 2 p.m. (PST) / after 3pm (PDST)21.00 22.00 Weekends/Holidays (as identified in FMC 3-116)33.00 34.00 554 after 2 p.m. (PST) / after 3pm (PDST)24.00 Tournaments 38.00 554 Seniors (62 and over)18.00 18.50 554 Juniors (18 and under)12.00 539 Junior Golf Team 5.00 539 Monthly Cards (restricted to the individual named)554 Seniors (Unlimited)46.00 Surcharge / per round 8.00 Juniors (Unlimited )43.25 Surcharge / per round 4.25 PARKS, RECREATION, & COMMUNITY SERVICES DEPARTMENT Effective Upon Adoption Effective Upon Adoption Effective Upon Adoption 561 561 561 CITY OF FRESNO MASTER FEE SCHEDULE Page 02 SOLID WASTE RATES** Fee Description & Unit/Time Current Proposed Amnd Solid Waste, Special Haul 554 30 minute minimum 68.65 Each additional 15 minutes or fraction over 30 minutes 16.00 Illegal Dumping Cleanup 1 hour minimum 353.56 377.11 539 Each additional 15 minutes 17.52 19.74 Foreman's Charge 44.02 554 Skip Fee 528 1st two incidents each fiscal year No Charge 3rd incident and each incident thereafter in a fiscal year 16.27 554 Special Event Truck Rental Per Hour (2 hour minimum)77.53 554 MULTI-FAMILY RESIDENTIAL, NON-BIN/COLLECTION SERVICES* **483 Basic service shall be 0.3 cubic yard in 45-, 64-, or 96-gallon containers 64-gallon container, one day a week / per month 19.20 96-gallon container, one day a week / per month 25.37 ***This equates to one-half of the 96-gallon container rate. Additional automated containers (12-month minimum) after first 483 96-gallon container 96-gallon green waste container / per month 3.87 96-gallon recycling container / per month 3.74 Private Collection Collection Route Permit Year 325.00 Month 28.00 Service Location Permit Location per year 17.00 When service cannot be adequately provided by City: Construction and Demolition Private Collection Material Diversion Fee 17.70 Roll-off Franchise Application Fee 560.00 502 Code Violation Appeal Fee Single Family Residential up to two units 35.00 Multi-Residential with three or more units 55.00 Commercial Apartment Complex and Commercial Business 75.00 * Fee changes effective 04/01/07 ** Rates shall be adjusted annually by staff during the budget process to reflect the rates in effect as per Reso. No. 2007-79 All fees effective 07/01/2020 unless otherwise noted MFS Amendment #554 (January 2020) PUBLIC UTILITIES DEPARTMENT 561 CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2020 unless otherwise noted MFS Amendment #554 (January 2020) Page 03 WASTEWATER RATES** Fee Description & Unit/Time Current Proposed Amnd Hauled Waste Disposal 464 Septage Waste and Non Domestic Waste In-lieu 1,000 gallons2 69.812 06/05 Capital 13.496 O&M 56.316 High Strength Non Domestic Waste - per gallon 0.03 489 Hauled Waste disposal station badge:464 Replacement / per badge 25.00 Pretreatment Surcharges (monthly charges) Category I - Individual permit*27.54 Category II - General permit**4.05 Category III - No permit required***1.29 Category IV - All residential users 0.06 * All industrial high-strength and categorically regulated users. ** All commercial establishments which may require pretreatment and monitoring activity (automotive repair, bakeries--retail, car washes, hotels/motels with dining facilities, laundromats, markets with garbage disposals, mortuaries, nursing homes, printers, restaurants, shopping centers). ***No discharge of process water (automotive--retail, business/services). Special Charges and Penalties 435 Television Inspection/Sewer CCTV Inspection per hour (one hour minimum)182.73 539 CCTV Standby 15- minute period 45.68 539 CCTV Inspection lateral tie-in (sewer mains less than 15"116.88 539 in diameter) per hour (one hour minimum) Inspection cleaning for minor debris per hour (30 minutes minimum)179.45 539 Video Inspection Sit-In per hour (one hour minimum)114.63 539 Review Outside Contractor CCTV Inspection / per hour 143.25 561 Sewer Access Structure Channel Inspection / per hour 114.67 561 Disconnection or reconnection inspection fee / per inspection 12.50 Discharge flow dye test / per hour 129.23 539 Combo Truck rate / per hour 204.40 539 After-Hours Service Call (Single Responder) / per hour 95.34 561 1 There are 748 gallons in a hundred cubic feet. 2 Rates per 1,000 gallons are approximate as they have been rounded to the 3rd decimal place. ** Rates shall be adjusted annually by staff during the budget process to reflect the rates in effect as per Res. No. 2007-79 PUBLIC UTILITIES DEPARTMENT 561 561 CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2020 unless otherwise noted MFS Amendment #554 (January 2020) Page 04 WASTEWATER RATES** Fee Description & Unit/Time *Current Proposed Amnd Pretreatment Administrative Penalties 464 Notice of Non-compliance 250.00 480 Warning Notice 250.00 Notice of Violation 500.00 Consent Order 750.00 Compliance Order 1,000.00 Show Cause Order 1,000.00 Administrative cost recovery charges for failure to meet 464 reporting deadlines: First day late 45.00 89.89 521 Each additional day late 22.50 44.95 Composite Sampler Rental / per day 75.00 Pretreatment enforcement charges/per hour 45.00 89.89 Miscellaneous non-enforcement charges/per hour 45.00 89.89 Laboratory Services 554 General Wet Chemistry / Bacteriological Analyses per hour 90.79 Organic Analysis / per hour 89.10 Inorganic Analysis / per hour 72.05 PUBLIC UTILITIES DEPARTMENT 561 CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2020 unless otherwise noted MFS Amendment #554 (January 2020) Page 05 WATER RATES** Fee Description & Unit/Time Current Proposed Amnd Penalties (continued) Fire hydrant damage repair fee Excavation not required 639.00 669.00 554 Excavation required 100%500 Delinquent notice Sewer connection, deferred payment plan, 60 days 2.00 + delinquent accumulated interest & principal installment Returning travel meter after permit expiration date per day 10.00 Conditions of service work (related to Water Conservation, FMC 6-520(e)*Notice of Water First Month with Incident Waste Issued 549 Second Month with Incident 25.00 Third Third Month with Incident 50.00 Fourth Month with Incident 100.00 Fifth through Twelfth Month with Incident 100.00 Illegal connection / per violation 45.00 (See Service Work for disconnection, damage, and reinstallation of service after first incident.) Delinquent Payment 499 Utility billings / per billing for water, sewer, sanitation, and/or solid waste service if unpaid balance > $10.00 2% Notification to discontinue services for non-payment of utility charges: Customers / per notification 8.00 Customers with tenants / per tenant notified at a single 2.00 billing address Minimum 8.00 Research project fees / per hour 45.00 Discontinuance of service for non-payment and restoration of service after payment Per Discontinuance / Restoration 15.00 NOTE:The above fees are administered by the Utilities, Billing, and Collection Section of the Department of Public Utilities. *Fines shall not be imposed upon incidents of water waste recorded by the City's water meter reading system until the passage of a Council resolution authorizing such fines. PUBLIC UTILITIES DEPARTMENT 561 CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2020 unless otherwise noted MFS Amendment #554 (January 2020) Page 06 WATER RATES** Fee Description & Unit/Time Current Proposed Amnd Service Work (related to remedy of illegal water connection)554 Blind washer installation / per service 128.00 129.00 Blind washer removal / per service 128.00 129.00 Service Disconnection / per service 296.00 301.00 Service Restoration / per service 785.00 1,028.00 Padlock on curb stop / per installation 10.00 Intentional Damage to Meter/Meter Box/Angle Meter Stop/Curb Stop/ Automatic Meter Reading Equipment (Cost & Overhead)100%525 After-hours turn on service work:546 Water, Discontinuance & Restoration of service (except 236.00 238.00 emergency) per call Water, Temporary Service*554 Single Family Residential (metered)See Water Metered 487 Service Rates Fire hydrant permit 25.00 27.00 Fire hydrant wrench deposit 125.00 3-inch Fire Hydrant Meter Deposit 1,282.00 Testing and Cleaning Fee 130.00 131.00 546 * This fee to sunset as of January 1, 2013 for customers on a metered rate ** Rates shall be adjusted annually by staff to reflect the rates in effect as per Res. No. 2015-36 . PUBLIC UTILITIES DEPARTMENT Deposits required shall be refunded upon the return of all equipment. Deductions shall be made for water service charges due and the cost of repair or replacement of damaged equipment.Any additional replacement costs will be billed to the customer.See Water Metered Service Rate section for the quantity and water meter service charges (3-inch Domestic Service). 561 561 561 561 CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2020 unless otherwise noted MFS Amendment #554 (January 2020) Page 07 WATER RATES** Fee Description & Unit/Time Current Proposed Amnd Well Drilling Permit and Inspection 554 Water Supply Well Permit / each 257.00 293.00 Water Supply Well Inspection / each 359.00 Monitoring Well Permit / each 257.00 293.00 Monitoring Well Inspection / each 304.00 342.00 Well Destruction & Abandonment 554 (Water Supply/Monitoring Wells / each) Well Abandonment Permit 257.00 293.00 Well Abandonment Inspection 207.00 Well Destruction Permit 257.00 293.00 Well Destruction Inspection 304.00 342.00 Underground Utility Remark Fee (per call back)164.00 166.00 546 Sale of Surplus Dirt 456 City load / per yard of dirt 5.00 Customer pick-up / per yard of dirt 1.20 WATER CONNECTION CHARGES (FMC 6-507) Fee Description & Unit/Time Current Amnd Deferment of Payment applicable to existing See FMC Sctn 6-305 (c) single-family residences Same basis and fees as sewer connection charges. Frontage Charge Front foot or fraction 6.50 Installation Charges 464 Meter & Service Installation (when installed together) 1-inch 2,241.00 1-1/2-inch 2,508.00 2-inch 2,671.00 Minimum residential service connections:489 Lots less than 20,000 square feet (1-inch) Lots 20,000 square feet or greater (1-1/2-inch) Meter Installation (when installed on existing services)415 1-inch 330.00 1-1/2-inch 455.00 2-inch 530.00 Larger than 2-inch (FMC 6-507(a)(3) Cost plus overhead 100% PUBLIC UTILITIES DEPARTMENT 561 561 561 PLANNING AND DEVELOPMENT DEPARTMENT DATE: February 4, 2021 TO: NICOLE KISSAM, DIRECTOR NBS GOVERNMENT FINANCE GROUP FROM: JENNIFER K. CLARK, DIRECTOR PLANNING AND DEVELOPMENT DEPARTMENT CITY OF FRESNO SUBJECT: REQUESTED: REVIEW AND LETTER OF CONCURRENCE TO THE PROPOSED 2021 REVISIONS OF SELECT PLANNING AND DEVELOPMENT FEES City of Fresno Planning and Development staff propose several revisions to the current Development Master Fee Schedule as listed herein. The revisions proposed are categorized in two ways: Revisions to existing fees previously included in the 2019 Master Fee Study; and Established fees not previously studied. Staff requests NBS review the proposed revisions, the methodology used, and provide a brief letter agreeing with the consistency of the practices used in the 2019 Master Fee Study. The following details the methodology used to calculate each of the proposed fees: Each development fee is established utilizing the framework defined in Article XIII C of the California State Constitution, as well as California Government Code section 66014 which is specific to development permitting fees. Under this legal framework, a fee may not exceed the estimated reasonable cost of providing the service or performing the activity. In order to calculate these fees, a time-on-task study may be performed to obtain an estimated or actual average number of hours to complete the activity associated with the fee. This is multiplied by a fully burdened hourly rate and the resulting number is the proposed fee for full cost recovery. Staff followed this methodology, as modeled in the 2019 fee study conducted by NBS. As the study was conducted fairly recently, staff utilized the fully burdened hourly rates as calculated by NBS; therefore the changes herein reflect time-on-task revisions. The following details each proposed revision (please note, the parenthesis reference the attached excel spreadsheet): Subject Date (consistent with first page) Page 2 of 2 Revisions to existing fees previously included in the 2019 Master Fee Study - Occupancy/Penalties (C2-C9): No new calculations. Revised to a rounded number as this is a penalty and not subject to a cost of service fee study. - Penalty (C19-21): No new calculations. Revised to a rounded number as this is a penalty and not subject to a cost of service fee study. - Mechanical Plumbing and Electrical – Stand Alone Projects Simple Group (D11-15): These fees’ time-on-task studies were retested with the guidance of the newly on-boarded Building Official. Originally staff believed the time-on-task for the issuance of these permit types was only 0.5 hours of staff time. After discussion and retesting, it was determined actual time-on-task was 0.75 hours. Therefore, utilizing the previously determined fully burdened hourly rate for Inspection Services ($119.00/hr; page 13 of Fee Study), staff calculated the new fee of $89.00. - Complex Mechanical Stand Alone Permits – Onsite Sewer/Water/Storm Drain 6” and Over (D16-18): These fees’ time-on-task studies were retested with the guidance of the newly on-boarded building official. Originally staff believed the time-on-task for the issuance of these permit types was 6 minutes of staff time per linear/foot. After discussion and retesting, it was determined actual time-on-task was less than 1 minute per linear foot. Therefore, utilizing the previously determined fully burdened hourly rate for Inspection Services ($119.00/hr; page 13 of Fee Study), staff calculated the new fee of $1.58 per linear foot. - Conditional Use Permit (C22-23): Staff proposes the re-categorization of the Conditional Use Permit section similar to that of the Development Permit section due to the ability to process both permit types similarly and should be distinguished similarly into separated levels of Major, Moderate, and Minor applications. By following this structure, the time-on-task tests conducted by staff also indicate that the time to process the applications is similar, therefore staff propose to utilize the calculations and fee estimates provided by NBS during the 2019 Fee Study for Development Permit fees. - Environmental Impact Report – Focus, Program (C24-25): After implementing new processes and revisiting the time-on-task for this application type, staff identified the need to revise this fee to reflect a total time-on-task to 124 hours and 245 hours, respectively. Therefore, utilizing the previously determined fully burdened hourly rate for the Current Planning division, staff calculates the fee to be $23,188 and $45,815, respectively. Subject Date (consistent with first page) Page 2 of 2 - Planned Development – Standalone (C26): After implementing new processes and revisiting the time-on-task for this application type, staff identified the need to revise this fee to reflect a total time-on-task to 62.25 hours. Therefore, utilizing the previously determined fully burdened hourly rate for the Current Planning division, staff calculates the fee to be $11,610. - Building Plan Check – Planning Review (C28): Revision of the text to revert previous fee and the fee proposed in 2019 via the fee study. No new calculations. Established fees not previously studied - Temporary Event Structure Permit and Inspection / per hour (C10): Established fee that was erroneously not included by staff in the 2019 study. Time-on-task study was conducted consistent with the procedures followed in the 2019 study and it was determined that in order to issue this permit type, typically it required at minimum 1 hour of Inspector time and it is reasonable to assume as the complexity of the structure increases, the time-on-task would proportionally increase. Therefore, staff utilized the previously determined fully burdened hourly rate for Inspection Services ($119/hr, page 13 of Fee Study) and calculated the proposed fee to $119/per hour. - Residential Tract Update Review (C27): Established fee that was regularly charged under a miscellaneous fee category that staff proposes to codify as its own named fee. After conducting a time-on-task assessment, it was discovered that it took on average 3 hours of staff time in the Permit Center to issue this type of review. Therefore, staff utilized the previously determined fully burdened hourly rate for the Permit Center ($109/hr; page 12) and calculated a fee of $327. Attachment(s): MFS Update FY21_v2 MASTER FEE SCHEDULE SUBMISSION SUMMARY FY 2022DepartmentMFSFee DescriptionMFSFee DetailMFSNotesType of ChangeCurrentFeeNewFeeFeeChangeComments/Recommendation Other NotesNew amount of hours (per staff)Labor Rate Used Fee CalculationOccupancyCertificate of Occupancy / each (multifamily / Commercial only)Increase $53.50 $54.00 $0.50Penalty Incorrect address / location given by applicant / per tripIncrease $53.50 $54.00 $0.50Premature inspection all (work not ready) / per tripIncrease $53.50 $54.00 $0.50Reinspection other than entitled calls / per tripDecrease $80.30 $80.00($0.30)Occupancy Certificate of Occupancy / each (multifamily / Commercial only)Increase $53.50 $54.00 $0.50Penalty Incorrect address / location given by applicant / per tripIncrease $53.50 $54.00 $0.50Premature inspection all (work not ready) / per tripIncrease $53.50 $54.00 $0.50Reinspection other than entitled calls / per tripDecrease $80.30 $80.00($0.30)Temporary Event Structure Permit and Inspection / per hourNew $0.00 $119.00 $119.00NBS Fee Studycurrent = 12,235projected = 12,852This fee has always been charged, it was missed in the initial update.1 $                      119  $                      119 Simple M, P, E Single or Combination PermitsIncrease $59.00 $89.00 $30.00Simple Mechanical Items Increase $59.00 $89.00 $30.00Simple Plumbing Items Increase $59.00 $89.00 $30.00Simple Electrical Items ‐Systems Increase $59.00 $89.00 $30.00Simple Electrical Items ‐ Units Increase $59.00 $89.00 $30.00Complex Mechanical Stand Alone Permits ‐Onsite Sewer 6" & Over (per lineal ft)Decrease $12.00 $1.58($10.42)NBS Government Finance Group Fee Study calculation ‐ includes time to physical inspectThe amount time to complete the inspection was adjusted.0.0134 $                      118  $                    1.58 Complex Mechanical Stand Alone Permits ‐Onsite Water 6" & Over (per lineal ft)Decrease $12.00 $1.58($10.42)NBS Government Finance Group Fee Study calculationThe amount time to complete the inspection was adjusted.0.0134 $                      118  $                    1.58 Complex Mechanical Stand Alone Permits ‐Onsite Storm Drain 6" & Over (per lineal ft)Decrease $12.00 $1.58($10.42)NBS Government Finance Group Fee Study calculationThe amount time to complete the inspection was adjusted.0.0134 $                      118  $                    1.58 Penalty Incorrect address / location given by applicant / per tripIncrease $53.50 $54.00 $0.50Premature inspection all (work not ready) / per tripIncrease $53.50 $54.00 $0.50Reinspection other than entitled calls / per tripDecrease $80.30 $80.00($0.30)Minor Revised exhibit / hourly rateNew $0.00 $168.00 $168.00Based on the File Stuffer rate in NBS Study.0.75 $                      119  $                  89.00 2019 NBS Fee Study.  Majority Implemented in 2021 Update.These fees under "Other Fees related to Mechanical, Plumbing and Electrical"2019 NBS Fee Study.  Majority Implemented in 2021 Update.These fees under "Other Fees related to New Construction, Commercial Tenant Improvements & Residential Additions"2019 NBS Fee Study.  Majority Implemented in 2021 Update.These fees under "Other Fees related to Miscellaneous Items"Mechanical Plumbing and Electrical ‐ Stand Alone ProjectsNBS Fee Study.  (2019 study plus 1% 2021 CPI)These corrections are based on the fee study, they were missed in the initial update.These corrections are based on the fee study, they were missed in the initial update.The amount time to complete the inspection was adjusted.These corrections are based on the fee study, they were missed in the initial update.1 MASTER FEE SCHEDULE SUBMISSION SUMMARY FY 2022DepartmentMFSFee DescriptionMFSFee DetailMFSNotesType of ChangeCurrentFeeNewFeeFeeChangeComments/Recommendation Other NotesNew amount of hours (per staff)Labor Rate Used Fee CalculationModerate Revised exhibit (minor) / per request (no routing or limited routing for unsubstantial changes to Fire or DPW only required) minor  Moderate RE includes:  Reapplication fee for subsequent owners, Fences on a single‐family reversed corner lot, Large‐family day‐care home (FMC 12‐306‐N‐42) Plus hourly consulting fee as required (all amendments) 1 hour minimum*Text/Increase$492.00$532.00 $40.00Based on NBS Study Revised exhibit (minor)Focus ‐ minimum deposit Decrease $67,421.00 $23,188.00($44,233.00)124 $                      187  $                23,188 Program ‐ minimum deposit Decrease $97,448.00 $45,815.00($51,633.00)245 $                      187  $                45,815 Planned Development ‐ StandaloneIncrease $9,325.00 $11,610.00 $2,285.00 NBS Consultant Fee StudyThis correction is based on the fee study, it was missed in the initial update.Miscellaneous Items including remodels, minor alterationsResidential Tract Update ReviewNew $0.00 $327.00 $327.00 NBS Consultant Fee StudyThis correction is based on the fee study, it was missed in the initial update.3 $                      109  $                      327 Builidng Building Plan Check ‐ Offsite Improvements  Planning ReviewREVISED: Building Plan Check ‐ Offsite Improvement, Commercial $300, Residential $373 (Public Works Fees)  ADD: Building Plan Check ‐ Planning Review, Commercial $47.00, Residenatil $284Text/NewCommercial $0 Residential $0Commercial $47 Residential $284 $280Commercial $47 Residential $284 $280NBS Consultant Fee StudyThe fee was inadvertantly change during the last Master Fee Schedule Update, it is a Public Works fee that should revert back to the original fee.  We are also asking to add a fee, Building Plan Check ‐ Planning Review for Commercial and Residential that was included in the Master Fee Study. Environmental Impact Report (EIR)Calculation for deposits based on staff hours.Conditional Use Permit (CUP)Adopting a new levels of review for CUPs to offer greater flexibility for handling customer requests.(See attached calulation)2 870 Market Street, Suite 1223 San Francisco, CA 94102 Toll free: 800.434.8349 Fax: 415.391.8439 nbsgov.com M E M O To: Jennifer K. Clark, Director Planning and Development Department, City of Fresno From: NBS – Nicole Kissam, Director, NBS Government Finance Group Date: February 5, 2021 Re: REVIEW AND LETTER OF CONCURRENCE TO THE PROPOSED 2021 REVISIONS OF SELECT PLANNING AND DEVELOPMENT FEES In 2019, NBS completed a comprehensive Master Fee Study for the Planning and Development Department (Department). Over the past two weeks, the Department sent us some suggested revisions to existing fees previously included in the Study, as well as a request to establish a few miscellaneous fees that were not studied in 2019. By industry standards, a comprehensive analysis such as the one NBS completed in 2019 is necessary every five years or so. It is common for our clients to make interim / annual updates utilizing the fully burdened hourly rates calculated in our studies, and to make minor adjustments to assumptions such as the estimated or actual time required to complete individual fee for service activities. When the need arises to add a new fee, the fee calculation should be based on the fully burdened hourly rate multiplied by the time required to complete the fee for service. We reviewed the suggested fee schedule revisions and have discussed them with Department staff to ensure mutual understanding about the requirements needed to ensure the revisions are reasonable and in compliance with the approach of the 2019 Study. We agree that the revisions are consistent with the practices used in the 2019 Study. Staff has done a great job applying industry standard approaches to updating their Master Fee Schedule for the upcoming year. Thank you for the opportunity to assist the City with these important cost recovery tools and policies. City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 21-338,Version:1 SCHEDULED COMMUNICATION March 18, 2012 TIME 10:10 A.M. SUBJECT Appearance by Anthony Tassone to discuss Remove Racial Bias by Analyzing Police Body Cams While Reducing City Spend. (Speaker resides in Chicago, IL) City of Fresno Printed on 3/12/2021Page 1 of 1 powered by Legistar™ City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 21-403,Version:1 REPORT TO THE CITY IN ITS CAPACITY AS HOUSING SUCCESSOR TO THE REDEVELOPMENT AGENCY OF THE CITY OF FRESNO AND FRESNO REVITALIZATION CORPORATION DATE:March 18, 2021 FROM:MARLENE MURPHEY, Executive Director SUBJECT Actions pertaining to property located at 887 Fulton Street (APN 468-282-21T). 1.Adopt a finding of Categorical Exemption pursuant to Article 19, Section 15332 (Class 32-infill) of the California Environmental Quality Act (CEQA) 2.Approve a Purchase and Sale Agreement between the Housing Successor and Noyan Frazier LP for property located at 887 Fulton Street. Sponsors: Executive Director, Fresno Revitalization Corporation RECOMMENDATION It is recommended that the City of Fresno in its capacity as Housing Successor approve an agreement with Noyan Frazier LP for the sale of property at 887 Fulton Street. EXECUTIVE SUMMARY The buyer,Noyan Frazier LP has analyzed the property for development purposes through an ENA that expires April 11,2021.Based upon extensive analysis Noyan Frazier intends to privately develop market rate housing and has tendered an offer to purchase the property “as is”at its fair market value (FMV). BACKGROUND The Disposition and Development Agreement (DDA)for the South Stadium area focuses on Phase 1 development known as “The Park”located at the northwest corner of Inyo and Fulton Streets. The .79 acre site will be developed by Noyan Frazier Capital LP into multi-story mix of affordable and market rate housing over ground floor retail scheduled to commence construction in November of this year.The DDA identified a property located in the same block at the southwest corner of Fulton and Kern Streets as a potential future phase.The site,owned by the City Housing Successor,is under an Exclusive Negotiation Agreement with “The Park”developer,Noyan Frazier that expires April 11, City of Fresno Printed on 3/12/2021Page 1 of 3 powered by Legistar™ File #:ID 21-403,Version:1 Exclusive Negotiation Agreement with “The Park”developer,Noyan Frazier that expires April 11, 2021. The ENA calls for the close of escrow no later than December 31, 2021 The property located at 887 Fulton Street is comprised of an approximate 11,250 square foot (sf.)lot and a long vacant,commercial retail structure of about 33,750 sf.The property was very recently appraised at $775,000.00.During the ENA period,the developer expended considerable effort to evaluate the building and site for the most cost effective approach to the highest and best use. Working with professionals in remediation,demolition,architecture,financial services and related areas substantial investment was made in the course of due diligence.The Developer is considering approximately 48 market rate residential units in four stories over ground floor retail with a project cost estimate of $13 million. The projected start of construction is September 2023. The Developer Noyan Frazier is seeking to purchase 887 Fulton Street at its appraised value.The attached Purchase and Sale Agreement is summarized as follows: Purchase Price:Appraised value of $775,000 Initial Deposit:Within 5 days of Council Approval Buyer deposits to escrow $20,000 of which $5,000 shall be non-refundable and $15,000 shall be fully refundable during the Due Diligence period. Due Diligence Period:The Buyer has One Hundred and Eighty days (180)from date of Council approval to perform due diligence at buyer expense.At the Expiration of Due Diligence and if Buyer moves to “Closing”the deposit is released to Seller and becomes non-refundable but applicable to the purchase price. Closing:On or before December 31,2021 Buyer shall pay seller the purchase price of $775,000 minus any paid deposits and any customary pro rations that are allocated between buyer and seller. Closing Extension:Buyer is allowed a one-time 180 day extension to close on the property.In consideration for the extension,Buyer will deposit and release to Seller an additional deposit of $180,000 payable in advance in six equal monthly installments of $30,000 due no later than the first day of each month.All additional deposits shall become non-refundable but applicable to purchase price. Extended Closing:Buyer shall close no later than June 30, 2022. Seller Buy-Back:If Buyer does not start substantial construction within three years from close of Escrow,seller will have the right to Buy-Back the property from Buyer at the selling price or current market value whichever is less. The property,purchased with housing set-side funds,is being sold for FMV and the sale proceeds will go into the Low and Moderate Income Housing Fund to be used for the provision of affordable housing.During the ENA period,the Developer paid an exclusive negotiating fee of $5,000 pursuant to the ENA to offset the costs of maintaining the property for prior years under an ENA (e.g.property taxes)and for updated appraisal.Similarly,the proposed PSA retains $5,000 of the initial deposit as nonrefundable and non-applicable to the purchase price to cover maintenance,including taxes,until close of escrow.The PSA terms provide for closing December 31,2021 with a one-time 180 dayCity of Fresno Printed on 3/12/2021Page 2 of 3 powered by Legistar™ File #:ID 21-403,Version:1 close of escrow.The PSA terms provide for closing December 31,2021 with a one-time 180 day extension that would result in closing no later than June 30,2022.Since the property is subject to an ENA it is not subject to the newly adopted provisions of the Surplus Land Act provided disposition of the property is completed no later than Dec,31,2022 In order to discourage land banking,the PSA provides a buy back option at the original sale price or FMV whichever is less if substantial construction has not begun within three years following Closing. ENVIRONMENTAL FINDINGS Staff has performed a preliminary environmental assessment and determined that it falls within the Categorical Exemption set forth in CEQA Guidelines Section 15332 as Infill Development.The potential future development of residential units over ground floor retail is consistent with existing Downtown Core General Plan land use designation and zone district.The proposed project is on a .79 acre site downtown,and is therefore within City limits and on a site that is under five acres.The project site is not a habitat for any endangered,rare,or threatened species,and can be adequately served by all required utilities and public services.Finally,approval of this project will not result in any significant effects related to traffic,noise,air quality or water quality.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 Local preference was not considered because this agreement does not include a bid or award of a construction or services contract. FISCAL IMPACT The PSA’s provision for a non refundable deposit in the amount of $5,000 will help to offset costs such as taxes and utilities during the due diligence period. Attachments: Purchase and Sale Agreement City of Fresno Printed on 3/12/2021Page 3 of 3 powered by Legistar™ 056577-000001 7477760.1 1 REAL PROPERTY PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS THE CITY OF FRESNO in its capacity as Housing Successor to the Redevelopment Agency of the City of Fresno, a public body, corporate and politic (“Seller” or “Housing Successor”), and Noyan Frazier Capital, L.P., a California limited partnership (“Buyer”), enter into this Real Property Purchase and Sale Agreement and Joint Escrow Instructions (Agreement), effective as of the date of Council approval, notwithstanding the date of execution (Effective Date). RECITALS A. The Seller owns certain real property commonly known as the Berkeley Building located at 877 Fulton Street (APN 468-282-21T), Fresno, California, and more particularly described in Exhibit A, attached, (Property). B. The City of Fresno is the housing successor in interest to the Redevelopment Agency of the City of Fresno pursuant to Resolution No. 2012-12, and as such assumes all housing rights and obligations of the former Redevelopment Agency. C. Buyer was granted an exclusive negotiating right for the Property as part of the Disposition and Development Agreement for the South Fulton Street Mixed Use Residential Rental Project dated March 15, 2016. The exclusive negotiating right was originally granted through December 31, 2017, administratively extended by letter from the City Manager dated December 13, 2017, through June 29, 2018, extended further by the First Amendment to DDA dated June 28, 2018, through April 11, 2020, and extended most recently by the First Amendment to Exclusive Negotiation Agreement dated April 9, 2020, through April 11, 2021 (ENA). D. Buyer paid an exclusive negotiating fee of $5,000 pursuant to the ENA, to offset the costs of maintaining the Property for the past five years and the cost of obtaining an updated appraisal. This fee is not applied to the Purchase Price. E. The parties initially anticipated a Disposition and Development Agreement for the Property, but have determined a Purchase and Sale Agreement is appropriate in light of the proposed market rate project. Proceeds from the sale of this property will go into the Low and Moderate Income Housing Fund and be used to purchase affordable housing. F. Since the Property is subject to an ENA, it is not subject to the newly adopted provisions of the Surplus Land Act (Government Code 54220, et seq.), provided disposition of the Property is completed no later than December 31, 2022. G. The Buyer has agreed to purchase the Property as-is. H. The Buyer desires to purchase the Property on the terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants contained herein, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties hereto agree as follows: 056577-000001 7477760.1 2 AGREEMENT 1. Purchase and Sale. Seller will sell the Property to Buyer, and Buyer will purchase the Property from Seller on the terms and conditions set forth in this Agreement. 2. Conditions Precedent. Closing shall be conditioned upon performance of all of obligations in this Agreement and satisfaction of the conditions listed below, provided that Seller may, in Seller’s sole discretion, elect to waive any such condition of Closing. 2.1 Compliance with CEQA. The applicable lead agency shall have complied with the California Environmental Quality Act with respect to this Agreement, as applicable. 2.2 Environmental Assessment. The Property is being sold in an “As is” condition. The Buyer may perform a Phase 1 Environmental Site Assessment at Buyer’s cost. Seller shall provide Buyer with any copies of environmental reports pertaining to the Property in Seller’s possession without any warranty as to their accuracy. 3. Purchase Price. The purchase price for the Property is $775,000 (“Purchase Price”). The Purchase Price, subject to adjustments provided in this Agreement (if any), will be paid by Buyer in cash or by wire transfer of immediately available funds at the Closing. 4. Sale “AS IS” - No Warranties. Subject to the terms and conditions contained herein, City will convey the Property “AS IS” with all faults, including, without limitation, the conditions disclosed in any toxics reports delivered to Buyer, and any environmental or other physical conditions on or under the Property, buried debris or structures, and soil compaction, presence of Hazardous Materials or the condition of the soil, its geology, the presence of known or unknown seismic faults, and the suitability of the Property for the development purposes intended. 5. Opening Escrow/Escrow Deposit. Within ten business days after the Effective Date, the parties will open an escrow (“Escrow”) with (“Title Company”), Attention: , and Buyer shall deliver to the Title Company a deposit of $20,000 (Initial Earnest Money Deposit), of which $15,000 shall be refundable during the Due Diligence Period, as defined below. The remaining $5,000 shall be non-refundable and retained by Seller to cover expenses of maintaining the Property. Upon expiration of the Due Diligence Period, the remaining Initial Earnest Money Deposit shall be released to Seller, and shall be credited toward the Purchase Price. 5.1 Agreement as Joint Escrow Instructions. This Agreement, when signed by Buyer and Seller and deposited into escrow with the Title Company, will be the parties’ joint escrow instructions. Buyer and Seller will sign and deliver any other form instructions the Title Company may require that are consistent with this Agreement. 5.2 Deposits into Escrow. Buyer and Seller will deposit all instruments, documents, money, and other items into escrow with the Title Company that (i) this Agreement identifies or (ii) the Title Company may require that are consistent with the terms and purposes of this Agreement, and necessary to Closing. Prior to Closing, Buyer will deposit the balance of the Purchase Price and Seller will deposit, or will conditionally deliver to Buyer, a recordable grant deed duly executed and acknowledged 056577-000001 7477760.1 3 before a notary public, and accompanied by documentation reasonably necessary to establish the authority of any signatory executing such deed on behalf of Seller. 5.3 Title. Seller will convey title of the Property to Buyer AS IS, without regard to all title defects, liens, encumbrances, conditions, covenants, restrictions, leases or agreements, and other adverse interests of record or known to Seller. 5.4 Title and Closing Costs. Buyer will pay any costs of clearing and conveying title. Buyer will pay the cost of a CLTA or ALTA owner’s title policy insuring Buyer’s title in the condition described in Section 5.3. Escrow fees, costs to record the grant deed, etc., shall be split equally between Buyer and Seller. Upon opening of Escrow, Escrow shall prepare a preliminary report of the condition of title for the Property, and deliver a copy of said preliminary report to Buyer and Seller. From the date of receipt by Buyer, Buyer shall have 30 days in which to disapprove of any and all exceptions shown on the report by notifying Seller and Escrow in writing of such disapproval. Any exceptions that are timely objected to shall be referred to herein as the “Title Objections.” All exceptions contained in the report that are not objected to in writing within the 30 day period are deemed approved by Buyer. Seller may elect (but shall not be obligated) to remove or cause to be removed, or insured over, at its expense, any Title Objections, which removal will be deemed effected by the issuance of title insurance eliminating or insuring against the effect of the Title Objections. Seller shall notify Buyer within 15 days of notice of Title Objections from Buyer if Seller is unwilling to clear the Title Objections. If Seller is unable to remove or endorse over any Title Objections prior to Closing, or if Seller elects not to clear one or more Title Objections, Buyer may elect, by giving written notice to Seller within 30 days after receipt of Seller’s notice, to either (a) terminate this Agreement and receive a refund of the refundable portion of the Initial Earnest Money Deposit, and thereafter, the parties shall have no further rights or obligations hereunder except for those obligations which expressly survive the termination of this Agreement, or (b) to waive such Title Objections, in which case such Title Objections shall be deemed “Permitted Exceptions” and Closing shall occur as herein provided without any reduction of or credit against the Purchase Price. Failure of Buyer to give written notice shall be deemed to be a waiver of any Title Objection and a waiver of its right to terminate this Agreement pursuant to this Section. Nothing in this section is intended to extend the Due Diligence Period as set forth in Section 6. 5.5 Closing. The escrow will be considered closed (“Closing” or “Close” or the “Closing Date”) on the date that the Title Company records the grant deed. The escrow will be in condition to Close when all conditions to Close are satisfied or waived, the Title Company is prepared to issue the title policy described herein, and the Title Company is otherwise able to record the grant deed. Unless extended by the mutual consent of the parties, the escrow and this Agreement shall terminate if Closing does not occur by December 31, 2021 (the “Outside Closing Date”). Upon termination of the escrow, the Title Company will return all funds and documents to the respective depositor, including deposit if terminated prior to expiration of the Due Diligence Period, and this Agreement will be of no further effect except as herein provided. If this Agreement is terminated following expiration of the Due Diligence Period, the Initial Earnest Money Deposit is nonrefundable, and this Agreement will be of no further effect except as herein provided. 056577-000001 7477760.1 4 5.6 Extension of Outside Closing Date. Seller’s Executive Director is authorized to agree to a one-time administrative extension to Closing of 180 days (Extension). In consideration for the Extension, Buyer must request the Extension in writing, no later than December 1, 2021, and shall deposit into Escrow and release to Seller an Additional Deposit of $180,000 payable in advance in six equal monthly installments of $30,000, due no later than the first day of each month. Failure to deposit a monthly installment for the Additional Deposit into Escrow by the Payment Due Date as set forth in the table below will result in an Outside Closing Date which corresponds with the last timely monthly installment made by Buyer. The Additional Deposit shall be non-refundable, but shall be credited to the Purchase Price. The Additional Deposit and the Initial Earnest Money Deposit are referred to collectively as the Deposits. In no event shall the Outside Closing Date be later than June 30, 2022. Failure to close by the applicable Outside Closing Date, will result in termination of the Escrow. Upon termination of the Escrow, the Title Company will return all funds and documents to the respective depositor, except that Seller shall retain all nonrefundable Deposits, and this Agreement will be of no further effect except as herein provided. Payment Due Date Outside Closing Date December 1, 2021 January 30, 2022 January 2, 2022 (due to holiday) February 28, 2022 February 1, 2022 March 31, 2022 March 1, 2022 April 30, 2022 April 1, 2022 May 31, 2022 May 1, 2022 June 30, 2022 5.7 Recordation. At Closing, Title Company shall date the grant deed, and all other undated documents in escrow, with the date of Closing, and the Title Company shall record the grant deed and all other documents necessary to the Closing. 5.8 Disbursements. At Closing, Title Company shall disburse the Purchase Price, less any Deposits previously disbursed and credited toward the Purchase Price, if any, to Seller, when Title Company is committed to issue a standard CLTA or ALTA owner’s title insurance policy to Buyer, for the Purchase Price or such lesser amount as Buyer may designate. 5.9 Risk of loss. Any loss or damage, to the Property or any improvements on it, before Closing is at Seller’s risk. 5.10 Broker. Neither party engaged a broker for this transaction. 5.11 Delivery of Possession. Seller shall deliver exclusive possession of the Property at Closing. 6. Due Diligence Period. Buyer shall have the right to conduct due diligence on the Property for a period of one hundred eighty days after the Effective Date (Due Diligence Period). On or before the expiration of the Due Diligence Period, Buyer shall give written 056577-000001 7477760.1 5 notice to Seller and Escrow Agent as to whether Buyer approves of the Property for all purposes or whether it disapproves of the Property for any reason. If Buyer shall disapprove of the Property for any reason, Buyer may terminate this Agreement on or before the expiration of the Due Diligence Period and the refundable portion of the Deposit shall be returned to Buyer, and thereafter, the parties shall have no further rights or obligations hereunder except for those obligations which expressly survive the termination of this Agreement. If Buyer approves of the Property on or before the expiration of the Due Diligence Period in accordance with the terms of this Agreement, the Deposit shall become non-refundable to Buyer and shall be released by Escrow Agent to Seller. If Buyer shall fail to so notify Seller in writing of its disapproval or approval of the Property on or before the expiration of the Due Diligence Period, Buyer shall conclusively be considered to have terminated this Agreement in which event Buyer shall receive a refund of the refundable portion of the Deposit, and thereafter, the parties shall have no further rights or obligations hereunder except for those obligations which expressly survive the termination of this Agreement. 7. Buyer’s Right to Enter and Inspect the Property. During the Due Diligence Period, Buyer shall have the right to enter, inspect, and conduct any due diligence tests on the property that Buyer deems advisable. Seller grants Buyer, and/or Buyer's agents, the right, upon 24 hours’ notice, to enter onto the Property to conduct tests and investigations, if all the following occur: (a) Buyer conducts tests and investigations at its sole cost and expense; (b) the tests and investigations do not unreasonably interfere with Seller's possession. 8. Miscellaneous Provisions. 8.1 Further Assurances. Each party will sign and deliver further documents, or take any further actions required to complete the purchase and sale described herein. 8.2 Notices. All notices and other communications required or permitted under this Agreement shall be in writing and shall be deemed delivered: (a) on the date of service if served personally on the person to receive the notice, (b) on the date deposited in the U.S. mail, if delivered by depositing the notice or communication in the U. S. mail, postage prepaid, and addressed to the relevant party at the address set forth below, (c) on the date of transmission if delivered by facsimile, to the number provided below, that provides a transmission confirmation showing the date and time transmitted, or (d) on the date of transmission if delivered electronically via email and showing the date and time transmitted. To Seller: City of Fresno in its capacity as Housing Successor Attention: Executive Director 848 M Street, 3rd Floor Fresno, CA 93721 Phone No.: 559.621-7600 Fax No.: 559.498.1870 To Buyer: Noyan Frazier Capital, L.P. 685 W Alluvial, #101 056577-000001 7477760.1 6 Fresno, CA 93711 Phone No.: Fax No.: 8.3 Entire Agreement. Each Exhibit referred to in this Agreement is by that reference incorporated into and made a part of this Agreement. This Agreement is the entire agreement between the parties regarding the purchase and sale of the Property, and supersedes all prior discussions, negotiations, commitments or understanding, written or oral. 8.4 Amendment or Cancellation. Buyer and Seller may amend or cancel this Agreement only by mutual written consent of the parties, unless otherwise expressly provided herein. 8.5 Successors and Assigns. This Agreement is binding upon and shall inure to the benefit of each party, and each party’s heirs, successors, assigns, transferees, agents, employees or representatives. Buyer may not assign this Agreement without the express written consent of Seller. Buyer may not assign this Agreement without the consent of Seller which shall not be unreasonably withheld. Notwithstanding the foregoing, Buyer shall have the right to transfer Buyer's rights and obligations under this Agreement without Seller’s consent to a limited liability company, corporation, joint venture or partnership which satisfies all of the following requirements (a "Permitted Transferee"): (i) Buyer, or a corporation or other entity controlling, controlled by or under common control with Buyer (a "Buyer Affiliate"), owns at least a fifty percent (50%) in the Permitted Transferee, (ii) Buyer or a Buyer Affiliate is responsible for the day-to-day management of the Permitted Transferee, (iii) the Permitted Transferee assumes all obligations of Buyer under this Agreement, and (iv) Buyer promptly notifies Seller in writing of such transfer and assumption of obligations and, upon Seller’s request, provides Seller with copies of the operative documents that evidence compliance with the foregoing requirements. No assignment shall relieve Buyer of its obligations hereunder. 8.6 Time of the Essence. Time is of the essence of each term in this Agreement. 8.7 Attorneys' Fees. If any party to this Agreement or the Title Company begins any action, proceeding, or arbitration arising out of this Agreement, then as between Buyer and Seller, the prevailing party shall be entitled to receive from the other party, besides any other relief that may be granted, its reasonable attorneys' fees, costs, and expenses incurred in the action, proceeding, or arbitration. 8.8 Governing Law . This Agreement and the legal relations between the parties shall be governed by and construed according to California law. Venue for the filing of any action to enforce or interpret this Agreement or any rights and duties hereunder shall be in Fresno, California. 8.9 Headings. The section headings in this Agreement are for convenience only. The headings are not part of this Agreement and shall not be used to construe it. 8.10 Waiver. If Buyer or Seller waives a breach of any provision herein, the waiver will not be a continuing waiver. The waiver will not constitute a waiver of any subsequent breach, or a waiver of a breach of any other provision hereof. 056577-000001 7477760.1 7 8.11 Severability. The provisions of this Agreement are severable. The invalidity or unenforceability of any provision in this Agreement will not affect the other provisions. 8.12 Interpretation. This Agreement is the result of the combined efforts of the parties. If any provision of this Agreement is found ambiguous, the ambiguity will not be resolved by construing this Agreement in favor or against any party, but by construing the terms according to their generally accepted meaning. 8.13 Precedence of documents. If any conflict exists between the body of this Agreement and any Exhibit or Attachment to it, the provisions of the body of this Agreement will control and take precedence over the Exhibit or Attachment. 8.14 Counterparts. This Agreement may be executed in counterparts, each of which when executed and delivered will be deemed an original, and all of which together will constitute one instrument. Facsimile or electronic copy signatures shall be deemed as valid and binding as original signatures. 8.15 Survival. All representations and warranties, indemnifications, and other provisions which, by their nature are intended to continue, shall survive Closing and delivery of the grant deed. 8.16 Seller’s Default and Buyer’s Remedies. If the sale of the Property is not consummated due to Seller’s material default hereunder that is not cured within five business days of Notice from Buyer of Default, then Buyer shall have the right, to elect, as its sole and exclusive remedy, to either (a) terminate this Agreement by written notice to Seller, promptly after which the Deposits shall be returned to Buyer, (b) waive the default and proceed to close the transaction contemplated herein. Notwithstanding anything to the contrary contained herein, Seller shall not be deemed in default unless and until Buyer provides Seller with written notice of such default and Seller fails to cure such default within five business days of its receipt of such written notice. 8.17 Buyer’s Default and Seller’s Remedies. If the sale of the Property is not consummated due to Buyer’s material default, then Seller shall have the right, to elect, as its sole and exclusive remedy, to terminate this Agreement by written notice to Buyer, after which the Deposits shall be forfeited. 9. Seller’s Right to Buy Back Property. If Buyer doesn’t start substantial construction on the Property within three years following the Closing, Seller shall have the right to buy back the Property at current fair market value or the Purchase Price, whichever is less. For purposes of this Section, substantial construction shall not include site preparation work such as grading or demolition. 9.1 Within 180 days of the date that is three years following the Closing, Seller may exercise its right to purchase by notifying Buyer in writing of its intent to purchase. Within ten days of notice, Buyer shall execute a purchase agreement in a form provided by Seller. 9.2 This Section shall survive the Closing. 9.3 Nothing in this Section is intended to limit any other the rights of the City or Housing Successor, including, without limitation the rights of Code Enforcement to abate dangerous conditions. 056577-000001 7477760.1 8 10. Condemnation. If, before the Closing Date, either Buyer or Seller receive notice of any condemnation or eminent domain proceeding, or any proceeding in lieu of condemnation being initiated against the Property, the party receiving the notice shall promptly notify the other party of that fact. Buyer may elect within thirty (30) days after the date the notice is received to either: (a) proceed with the purchase of the affected portion of the Property as contemplated by this Agreement, and if so, all condemnation proceeds shall be paid to Buyer (or assigned if not yet collected); (b) reduce the Purchase Price by the amount of the condemnation proceeds, and if so, all condemnation proceeds shall be paid to Seller; or (c) terminate the Agreement with respect to such portion. IN WITNESS WHEREOF the Seller and Buyer have signed this Agreement on the dates set forth below. SELLER: CITY OF FRESNO, in its capacity as Housing Successor to the Redevelopment Agency of the City of Fresno By: : _________________________ Marlene Murphey, Executive Director Dated: , 20 BUYER: NOYAN FRAZIER CAPITAL, L.P. By: ___________________________ Dated: , 20 056577-000001 7477760.1 EXHIBIT "A" LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF FRESNO, COUNTY OF FRESNO, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: APN: 468-282-21T City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 21-398,Version:1 CLOSED SESSION ITEM March 18, 2021 SUBJECT PUBLIC EMPLOYEE PERFORMANCE EVALUATION 1.Government Code Section 54957(b): Consider the appointment, employment, evaluation of performance, discipline, or dismissal of a public employee. Title: City Clerk 2.Government Code Section 54957.6: Conference with Labor Negotiator City Negotiator: Council President Luis Chavez Unrepresented Employee: City Clerk City of Fresno Printed on 3/12/2021Page 1 of 1 powered by Legistar™ City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 21-376,Version:1 CLOSED SESSION ITEM March 18, 2021 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) Case Name: Gerald Miller v. City of Fresno Fresno County Superior Court Case No.:17CECG03966 (Police Department) City of Fresno Printed on 3/12/2021Page 1 of 1 powered by Legistar™ City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 21-390,Version:1 CLOSED SESSION ITEM March 18, 2021 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION or DECIDING WHETHER TO INITIATE LITIGATION Government Code Section 54956.9, subdivision (d)(2) Case Names:City of Fresno v. Carolina Sanchez;City of Fresno v. Immobillare, LLC., and Pat Desantis City of Fresno Printed on 3/12/2021Page 1 of 1 powered by Legistar™ City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 21-391,Version:1 CLOSED SESSION ITEM March 18, 2021 SUBJECT CONFERENCE WITH REAL PROPERTY NEGOTIATOR -Government Code Section 54956.8; Property:APN 438-021-92T,35T,93T,and 60T,and 438-062-37T and 53T Negotiating Parties:City Manager, CVCSF. City of Fresno Printed on 3/12/2021Page 1 of 1 powered by Legistar™ City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 21-392,Version:1 CLOSED SESSION ITEM March 18, 2021 SUBJECT CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION -Government Code Section 54956.9,subdivision (d)(1)1.Terance Frazier,et al.v.City of Fresno,et al.;United States District Court Case No.: 1:20-CV-01069. City of Fresno Printed on 3/12/2021Page 1 of 1 powered by Legistar™ City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 21-393,Version:1 CLOSED SESSION ITEM March 18, 2021 SUBJECT CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Government Code Section 54956.8 Property: 1625 G Street Fresno, CA 93706 (APN 465-084-30) Negotiating Parties: City Manager, 1626 Fresno MRP, LLC Under Negotiations: Price and terms of acquisition City of Fresno Printed on 3/12/2021Page 1 of 1 powered by Legistar™ City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 21-394,Version:1 CLOSED SESSION ITEM March 18, 2021 SUBJECT CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Government Code Section 54956.8 Property: APN 468-282-21T (Berkeley Building) Negotiating Parties: Executive Director Murphey, Noyan Frazier Capital, L.P. Under Negotiations: Price and terms of sale Sponsors:Executive Director, Fresno Revitalization Corporation City of Fresno Printed on 3/12/2021Page 1 of 1 powered by Legistar™ City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 21-395,Version:1 CLOSED SESSION ITEM March 18, 2021 SUBJECT CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION - Government Code Section 54956.9, subdivision (d)(1): City of Fresno v. United States Department of Interior, Bureau of Reclamation; US Court of Federal Claims 16-1276L City of Fresno Printed on 3/12/2021Page 1 of 1 powered by Legistar™