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HomeMy WebLinkAbout2021-06-17 Council Agenda PacketCity of Fresno 2600 Fresno Street Fresno, CA 93721 www.fresno.gov Meeting Agenda Packet Thursday, June 17, 2021 9:00 AM Regular Meeting Electronic Only City Council President – Luis Chavez Vice President – Nelson Esparza Councilmembers: Esmeralda Z. Soria, Mike Karbassi, Miguel Angel Arias, Tyler Maxwell, Garry Bredefeld City Manager – Thomas Esqueda City Attorney – Douglas T. Sloan City Clerk – Yvonne Spence, MMC 9:00 A.M. ROLL CALL Invocation by Pastor Will Stoll of Northwest Church Pledge of Allegiance to the Flag APPROVE AGENDA CEREMONIAL PRESENTATIONS ID 21­22691 Proclamation for "Anna Pine Day"  Sponsors:Councilmember Karbassi COUNCILMEMBER REPORTS AND COMMENTS MAYOR/MANAGER REPORTS AND COMMENTS 1.CONSENT CALENDAR 1­A ID 21­0248 Approval of minutes for June 10, 2021 Regular Meeting.  Sponsors:Office of the City Clerk 1­B ID 21­22664 ***RESOLUTION – 91st Amendment to the Annual Appropriations Resolution (AAR) No. 2020­159 to appropriate an additional $200,000 to the 2013 Debt Service Fund for FY2021 Transfers made to trustee for Debt Service payments during FY 2021 (requires 5 affirmative votes) (subject to Mayor’s veto) (Council District 4)  Sponsors:Airports Department 1­C ID 21­22656 Approve the award of a cooperative purchase agreement to Altec Industries, Inc. of Birmingham, Alabama, for the purchase of two Altec bucket trucks in the amount of $281,520 procured by means of a cooperative purchase agreement with Sourcewell, for the Department of Public Works, Street Maintenance Division Sponsors:Department of Transportation 1­D ID 21­22657 Approve the award of a purchase contract to Fresno Equipment Company of Fresno, California, for the purchase of two John Deere 6155M tractors in the amount of $267,103 procured by means of a cooperative purchase agreement with Sourcewell for the Department of Public Utilities, Wastewater Management Division Sponsors:Department of Transportation 1­E ID 21­12411 Approve an Agreement with Economic & Planning Systems, Inc., in the amount of $140,600 with a $30,000 contingency, to prepare an updated nexus study for the Citywide impact fees for Regional Streets, New Growth Area Major Streets, Police Facilities, Fire Facilities, Quimby In­Lieu Parkland Dedication and Park Facilities. (Citywide)  Sponsors:Public Works Department 1­F ID 21­22672 Actions pertaining to the summary vacation of access right restrictions on a portion of the northwest corner of East Jensen Avenue and South Maple Avenue (Council District 5)  1.    Adopt a finding of Categorical Exemption per staff determination, pursuant to Section 15301(b, c), Class 1 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines, Environmental Assessment Number PW12683 Jensen 2.    ***RESOLUTION – Ordering the summary vacation of access right restrictions on a portion of the northwest corner of East Jensen Avenue and South Maple Avenue (Subject to Mayor’s Veto) Sponsors:Public Works Department 1­G ID 21­22673 Actions pertaining to the summary vacation of a public utility easement in Block 15 of the map of Blackstone Villa (Council District 7)  1.    Adopt a finding of Categorical Exemption per staff determination, pursuant to Section 15301(b, c), Class 1 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines, Environmental Assessment Number PW12455 Block 15 Blackstone Villa 2.    ***RESOLUTION – Ordering the summary vacation of a public utility easement in Block 15 of the map of Blackstone Villa (Subject to Mayor’s Veto) Sponsors:Public Works Department 1­H ID 21­22680 Actions pertaining to the Tulare Street and Q Street Traffic Signal Project – Bid File No. 3770 (Council District 3)  1.    Adopt a finding of Categorical Exemption per staff determination, pursuant to Section 15301 and 15303 of the California Environmental Quality Act (CEQA) guidelines  2.    Approve the Grade Crossing Signal Agreement and the Surface Installation Agreement with Burlington Northern Santa Fe (BNSF) Railway Company totaling $103,170 to facilitate BNSF grade­crossing and traffic signal pre­emption network and timing improvements 3.    Award a construction contract in the amount of $710,672 to Lee Contractors and Consultants, Inc., of Nipomo, CA Sponsors:Public Works Department 1­I ID 21­22690 RESOLUTION – Adopting a list of proposed Public Works projects to receive Senate Bill 1 (SB1) Road Maintenance and Rehabilitation Account funding for City Fiscal Year 2022  Sponsors:Public Works Department 1­J ID 21­22698 Actions pertaining to Final Map of Tract No. 6241 RESOLUTION ­ Approving the Final Map of Tract No. 6241, Phase 1 of Vesting Tentative Tract Map No. 6241, and accepting dedicated public uses offered therein except for dedications offered subject to City acceptance of developer installed required improvements – located on the West side of North Armstrong Avenue, South of East Clinton Avenue (Council District 4) Sponsors:Public Works Department 1­K ID 21­22700 RESOLUTION ­ Of Intention to Annex Final Tract Map No. 6281 as Annexation No. 96 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, July 15, 2021, at 10:00 am (area northwest of the intersection, fronting the north side of East Clinton & the west side of North Temperance Avenues) (Council District 4)  Sponsors:Public Works Department 1­L ID 21­22606­01 Actions pertaining to the Central Avenue Improvements Project – Bid File 3796 (Council District 3)  1.    Adopt a finding of Categorical Exemption per staff determination pursuant to Sections 15301, 15302, and 15304 of the California Environmental Quality Act (CEQA) Guidelines 2.    Approve an Inter­fund Loan Agreement between the Developer Cash­in­Lieu Improvements Funds and the Cash­in­Lieu Loan Fund, pursuant to Article VI of the City of Fresno Reserve Management Act and Article IV of the Taxpayer Protection Act, providing a $1,880,097 loan 3.    Award a construction contract in the amount of $1,383,097 to Emmett’s Excavation, Inc., of Clovis, CA Sponsors:Public Works Department 1­M ID 21­22726 Award a construction contract in the amount of $1,578,023.00 to Avison Construction, Inc., of Madera, CA, as the lowest responsive and responsible bidder, for the Shields Avenue Bankside Trail Project, along Shields Avenue from Fresno Street to First Street (Bid File No. 3810­12012) (Council District 7)  Sponsors:Public Works Department 1­N ID 21­22675 Actions pertaining to the cleaning and rehabilitation of Digesters 4 and 11 at the Fresno­Clovis Regional Wastewater Reclamation Facility (Bid File 3768) (Council District 3): 1.    Adopt a finding of Categorical Exemption pursuant to Sections 15301/Class 1 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines. 2.    Award a construction contract to Caliber Contracting Services, Inc., in the amount of $2,110,034.05. Sponsors:Department of Public Utilities 1­O ID 21­22612­01 Agreement between City of Fresno and Pinedale Public Utility District to transfer billing and collection of sewer service charges in the area generally bound by North Palm Avenue to the east, West Celeste Avenue to the south, North Fruit Avenue to the west, and West Sierra Avenue to the north, from Pinedale Public Utility District to the City of Fresno (Council District 2 and Fresno County) Sponsors:Department of Public Utilities 1­P ID 21­0396­02 ***BILL No. 18 (Intro. 4/28/21) (For adoption) – Amending Chapter 6, Article 9 of the Fresno Municipal Code, the Recycled Water Ordinance (All Council Districts) (Subject to Mayor’s Veto) Sponsors:Department of Public Utilities 1­Q ID 21­22684 Approve the First Amendment to the License Agreement between the City of Fresno, through the PARCS Department and New Cingular Wireless PCS, LLC to license use of certain real property, together with access and utility rights located at the Woodward Park maintenance yard. Original term commenced on March 2000. This is a revenue generated item with funds being used for Parks Special Projects. The License provides for a rent escalation of 15% per five (5) years commencing March 29, 2026. The License increases the base rent to $20,000 per year, paid annually effective March 29, 2021. (Friant and Shepherd) (District 6) Sponsors:Parks, After School and Recreation, and Community Services Department, Information Services Department 1­R ID 21­22721 Actions pertaining to CARES Act contracts for testing and tracing: 1. Approve Third Amendment to Agreement with Fresno Building Healthy Communities extending the agreement to December 30, 2021 (no cost extension) 2. Approve Third Amendment to Agreement with Fresno Economic Opportunities Commission extending the agreement to December 30, 2021. (no cost extension) Sponsors:Office of Mayor & City Manager 1­S ID 21­22725 Approve and authorize the Workforce Innovation and Opportunity Act (WIOA) Four (4) Year Local Plan for Program Years 2021­2024.  Sponsors:Councilmember Karbassi, Office of Mayor & City Manager 1­T ID 21­22723 Approve the appointment of Daisy Isabell Gonzales to the Fresno Youth Commission.  Sponsors:Council President Chavez 1­U ID 21­22465­02 ***Bill No. 23 – (Intro. 5/27/21)(For Adoption) – Amending the Vacant Building Ordinance, FMC section 10­617 (Subject to Mayor’s Veto) Sponsors:Councilmember Arias 1­V ID 21­22712­01 ***BILL No. 28 (Intro. 6/10/21)(For Adoption) – Adding Article 4.12 to Chapter 12 of the Fresno Municipal Code, relating to an infill incentive program for certain residential infill projects (Subject to Mayor’s Veto) Sponsors:Councilmember Arias 1­W ID 21­22752 RESOLUTION – Providing City sponsored swim lessons to eligible children in the City of Fresno Sponsors:Councilmember Soria 1­X ID 21­22544­02 ***Bill No. 24 ­(Intro. 5/27/21)(For Adoption) – Amending Section 5­510 of the Fresno Municipal Code relating to the Fresno Youth Commission (Subject to Mayor’s Veto) Sponsors:Councilmember Karbassi 1­Y ID 21­22756 Approve City Attorney amended contract Sponsors:Council President Chavez CONTESTED CONSENT CALENDAR UNSCHEDULED COMMUNICATION PLEASE NOTE: UNSCHEDULED COMMUNICATION IS NOT SCHEDULED FOR A SPECIFIC TIME AND MAY BE HEARD ANY TIME DURING THE MEETING 2.SCHEDULED COUNCIL HEARINGS AND MATTERS 2­A 9:00 A.M.JOINT MEETING OF THE FRESNO REVITALIZATION CORPORATION AND THE CITY OF FRESNO IN ITS CAPACITY AS HOUSING SUCCESSOR TO THE REDEVELOPMENT AGENCY ID 21­1923­01 Receive Annual Report and Approve FY 21­22 Program Income Budget for the City of Fresno in its capacity as Housing Successor to the Redevelopment Agency of the City of Fresno Sponsors:Successor Agency to the Redevelopment Agency of the City of Fresno 2­B 10:00 A.M. ID 21­22695 HEARING to consider the proposed Annual Assessment for the City of Fresno Landscaping and Lighting Maintenance District No. 1 (Citywide)  Sponsors:Public Works Department 2­C 10:05 A.M. ID 21­22693 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. 50 (Assessor’s Parcel Numbers 504­092­50S, 504­092­51S, and 504­092­54S ­ El Paseo Phase III) (territory located on the southwest side of North Riverside Drive, south of West Herndon Avenue) (Council District 2)  Sponsors:Public Works Department 3.GENERAL ADMINISTRATION 3­A ID 21­22469 Workshop­ Insurance and Indemnity Requirements Sponsors:Personnel Services Department 3­B ID 21­22734 Budget Overflow (If Needed)(Continued Budget Hearings)  Sponsors:Office of the City Clerk 4.CITY COUNCIL 5.CLOSED SESSION 5­A ID 21­22708 CONFERENCE WITH LEGAL COUNSEL­EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) Case Name: Dennis Cooper v. City of Fresno and Police Officer Nathan Christian Hanna Fresno Superior Court Case No.: 19CECG04245 Sponsor: City Attorney's Office  Sponsors:City Attorney's Office 5­B ID 21­22737 CONFERENCE WITH LEGAL COUNSEL­EXISTING LITIGATION ­ Government Code Section 54956.9, subdivision (d)(1) Terance Frazier, et al. v. City of Fresno, et al.; United States District Court Case No.: 1:20­CV­01069 Sponsors:City Attorney's Office 5­C ID 21­22738 CONFERENCE WITH REAL PROPERTY NEGOTIATOR ­ Government Code Section 54956.8; Property: APN 438­021­92T, 35T, 93T, and 60T, and 438­062­37T and 53T Negotiating Parties: City Manager, CVCSF Sponsors:City Attorney's Office ADJOURNMENT UPCOMING SCHEDULED COUNCIL HEARINGS AND MATTERS July 15, 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. 9, Annexation No. 52 (the territory known as Assessor’s Parcel Number 505­281­18) (northeast corner of North Grantland and West Barstow Avenues) (Council District 2) July 15, 2021 10:00 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. 96 (Final Tract Map No. 6281) (area northwest of the intersection, fronting the north side of E Clinton & the west side of N Temperance) (Council District 4) UPCOMING EMPLOYEE CEREMONIES 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 JUNE 22, 2021 – 9:00 A.M. BUDGET MOTIONS VOTE JUNE 24, 2021 – 9:00 A.M. MEETING/BUDGET ADOPTION JULY 1, 2021 – NO MEETING JULY 8, 2021 – NO MEETING JULY 15, 2021 – 9:00 A.M. MEETING JULY 22, 2021 – NO MEETING JULY 29, 2021 – 9:00 A.M. MEETING AUGUST 5, 2021 – NO MEETING AUGUST 12, 2021 – NO MEETING AUGUST 19, 2021 – 9:00 A.M. MEETING AUGUST 26, 2021 – NO MEETING City of Fresno2600 Fresno StreetFresno, CA 93721www.fresno.govMeeting Agenda PacketThursday, June 17, 20219:00 AMRegular MeetingElectronic OnlyCity CouncilPresident – Luis ChavezVice President – Nelson EsparzaCouncilmembers:Esmeralda Z. Soria, Mike Karbassi, Miguel Angel Arias, Tyler Maxwell, Garry Bredefeld City Manager – Thomas Esqueda City Attorney – Douglas T. Sloan City Clerk – Yvonne Spence, MMC 9:00 A.M. ROLL CALL Invocation by Pastor Will Stoll of Northwest Church Pledge of Allegiance to the Flag APPROVE AGENDA CEREMONIAL PRESENTATIONS ID 21­22691 Proclamation for "Anna Pine Day"  Sponsors:Councilmember Karbassi COUNCILMEMBER REPORTS AND COMMENTS MAYOR/MANAGER REPORTS AND COMMENTS 1.CONSENT CALENDAR 1­A ID 21­0248 Approval of minutes for June 10, 2021 Regular Meeting.  Sponsors:Office of the City Clerk 1­B ID 21­22664 ***RESOLUTION – 91st Amendment to the Annual Appropriations Resolution (AAR) No. 2020­159 to appropriate an additional $200,000 to the 2013 Debt Service Fund for FY2021 Transfers made to trustee for Debt Service payments during FY 2021 (requires 5 affirmative votes) (subject to Mayor’s veto) (Council District 4)  Sponsors:Airports Department 1­C ID 21­22656 Approve the award of a cooperative purchase agreement to Altec Industries, Inc. of Birmingham, Alabama, for the purchase of two Altec bucket trucks in the amount of $281,520 procured by means of a cooperative purchase agreement with Sourcewell, for the Department of Public Works, Street Maintenance Division Sponsors:Department of Transportation 1­D ID 21­22657 Approve the award of a purchase contract to Fresno Equipment Company of Fresno, California, for the purchase of two John Deere 6155M tractors in the amount of $267,103 procured by means of a cooperative purchase agreement with Sourcewell for the Department of Public Utilities, Wastewater Management Division Sponsors:Department of Transportation 1­E ID 21­12411 Approve an Agreement with Economic & Planning Systems, Inc., in the amount of $140,600 with a $30,000 contingency, to prepare an updated nexus study for the Citywide impact fees for Regional Streets, New Growth Area Major Streets, Police Facilities, Fire Facilities, Quimby In­Lieu Parkland Dedication and Park Facilities. (Citywide)  Sponsors:Public Works Department 1­F ID 21­22672 Actions pertaining to the summary vacation of access right restrictions on a portion of the northwest corner of East Jensen Avenue and South Maple Avenue (Council District 5)  1.    Adopt a finding of Categorical Exemption per staff determination, pursuant to Section 15301(b, c), Class 1 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines, Environmental Assessment Number PW12683 Jensen 2.    ***RESOLUTION – Ordering the summary vacation of access right restrictions on a portion of the northwest corner of East Jensen Avenue and South Maple Avenue (Subject to Mayor’s Veto) Sponsors:Public Works Department 1­G ID 21­22673 Actions pertaining to the summary vacation of a public utility easement in Block 15 of the map of Blackstone Villa (Council District 7)  1.    Adopt a finding of Categorical Exemption per staff determination, pursuant to Section 15301(b, c), Class 1 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines, Environmental Assessment Number PW12455 Block 15 Blackstone Villa 2.    ***RESOLUTION – Ordering the summary vacation of a public utility easement in Block 15 of the map of Blackstone Villa (Subject to Mayor’s Veto) Sponsors:Public Works Department 1­H ID 21­22680 Actions pertaining to the Tulare Street and Q Street Traffic Signal Project – Bid File No. 3770 (Council District 3)  1.    Adopt a finding of Categorical Exemption per staff determination, pursuant to Section 15301 and 15303 of the California Environmental Quality Act (CEQA) guidelines  2.    Approve the Grade Crossing Signal Agreement and the Surface Installation Agreement with Burlington Northern Santa Fe (BNSF) Railway Company totaling $103,170 to facilitate BNSF grade­crossing and traffic signal pre­emption network and timing improvements 3.    Award a construction contract in the amount of $710,672 to Lee Contractors and Consultants, Inc., of Nipomo, CA Sponsors:Public Works Department 1­I ID 21­22690 RESOLUTION – Adopting a list of proposed Public Works projects to receive Senate Bill 1 (SB1) Road Maintenance and Rehabilitation Account funding for City Fiscal Year 2022  Sponsors:Public Works Department 1­J ID 21­22698 Actions pertaining to Final Map of Tract No. 6241 RESOLUTION ­ Approving the Final Map of Tract No. 6241, Phase 1 of Vesting Tentative Tract Map No. 6241, and accepting dedicated public uses offered therein except for dedications offered subject to City acceptance of developer installed required improvements – located on the West side of North Armstrong Avenue, South of East Clinton Avenue (Council District 4) Sponsors:Public Works Department 1­K ID 21­22700 RESOLUTION ­ Of Intention to Annex Final Tract Map No. 6281 as Annexation No. 96 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, July 15, 2021, at 10:00 am (area northwest of the intersection, fronting the north side of East Clinton & the west side of North Temperance Avenues) (Council District 4)  Sponsors:Public Works Department 1­L ID 21­22606­01 Actions pertaining to the Central Avenue Improvements Project – Bid File 3796 (Council District 3)  1.    Adopt a finding of Categorical Exemption per staff determination pursuant to Sections 15301, 15302, and 15304 of the California Environmental Quality Act (CEQA) Guidelines 2.    Approve an Inter­fund Loan Agreement between the Developer Cash­in­Lieu Improvements Funds and the Cash­in­Lieu Loan Fund, pursuant to Article VI of the City of Fresno Reserve Management Act and Article IV of the Taxpayer Protection Act, providing a $1,880,097 loan 3.    Award a construction contract in the amount of $1,383,097 to Emmett’s Excavation, Inc., of Clovis, CA Sponsors:Public Works Department 1­M ID 21­22726 Award a construction contract in the amount of $1,578,023.00 to Avison Construction, Inc., of Madera, CA, as the lowest responsive and responsible bidder, for the Shields Avenue Bankside Trail Project, along Shields Avenue from Fresno Street to First Street (Bid File No. 3810­12012) (Council District 7)  Sponsors:Public Works Department 1­N ID 21­22675 Actions pertaining to the cleaning and rehabilitation of Digesters 4 and 11 at the Fresno­Clovis Regional Wastewater Reclamation Facility (Bid File 3768) (Council District 3): 1.    Adopt a finding of Categorical Exemption pursuant to Sections 15301/Class 1 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines. 2.    Award a construction contract to Caliber Contracting Services, Inc., in the amount of $2,110,034.05. Sponsors:Department of Public Utilities 1­O ID 21­22612­01 Agreement between City of Fresno and Pinedale Public Utility District to transfer billing and collection of sewer service charges in the area generally bound by North Palm Avenue to the east, West Celeste Avenue to the south, North Fruit Avenue to the west, and West Sierra Avenue to the north, from Pinedale Public Utility District to the City of Fresno (Council District 2 and Fresno County) Sponsors:Department of Public Utilities 1­P ID 21­0396­02 ***BILL No. 18 (Intro. 4/28/21) (For adoption) – Amending Chapter 6, Article 9 of the Fresno Municipal Code, the Recycled Water Ordinance (All Council Districts) (Subject to Mayor’s Veto) Sponsors:Department of Public Utilities 1­Q ID 21­22684 Approve the First Amendment to the License Agreement between the City of Fresno, through the PARCS Department and New Cingular Wireless PCS, LLC to license use of certain real property, together with access and utility rights located at the Woodward Park maintenance yard. Original term commenced on March 2000. This is a revenue generated item with funds being used for Parks Special Projects. The License provides for a rent escalation of 15% per five (5) years commencing March 29, 2026. The License increases the base rent to $20,000 per year, paid annually effective March 29, 2021. (Friant and Shepherd) (District 6) Sponsors:Parks, After School and Recreation, and Community Services Department, Information Services Department 1­R ID 21­22721 Actions pertaining to CARES Act contracts for testing and tracing: 1. Approve Third Amendment to Agreement with Fresno Building Healthy Communities extending the agreement to December 30, 2021 (no cost extension) 2. Approve Third Amendment to Agreement with Fresno Economic Opportunities Commission extending the agreement to December 30, 2021. (no cost extension) Sponsors:Office of Mayor & City Manager 1­S ID 21­22725 Approve and authorize the Workforce Innovation and Opportunity Act (WIOA) Four (4) Year Local Plan for Program Years 2021­2024.  Sponsors:Councilmember Karbassi, Office of Mayor & City Manager 1­T ID 21­22723 Approve the appointment of Daisy Isabell Gonzales to the Fresno Youth Commission.  Sponsors:Council President Chavez 1­U ID 21­22465­02 ***Bill No. 23 – (Intro. 5/27/21)(For Adoption) – Amending the Vacant Building Ordinance, FMC section 10­617 (Subject to Mayor’s Veto) Sponsors:Councilmember Arias 1­V ID 21­22712­01 ***BILL No. 28 (Intro. 6/10/21)(For Adoption) – Adding Article 4.12 to Chapter 12 of the Fresno Municipal Code, relating to an infill incentive program for certain residential infill projects (Subject to Mayor’s Veto) Sponsors:Councilmember Arias 1­W ID 21­22752 RESOLUTION – Providing City sponsored swim lessons to eligible children in the City of Fresno Sponsors:Councilmember Soria 1­X ID 21­22544­02 ***Bill No. 24 ­(Intro. 5/27/21)(For Adoption) – Amending Section 5­510 of the Fresno Municipal Code relating to the Fresno Youth Commission (Subject to Mayor’s Veto) Sponsors:Councilmember Karbassi 1­Y ID 21­22756 Approve City Attorney amended contract Sponsors:Council President Chavez CONTESTED CONSENT CALENDAR UNSCHEDULED COMMUNICATION PLEASE NOTE: UNSCHEDULED COMMUNICATION IS NOT SCHEDULED FOR A SPECIFIC TIME AND MAY BE HEARD ANY TIME DURING THE MEETING 2.SCHEDULED COUNCIL HEARINGS AND MATTERS 2­A 9:00 A.M.JOINT MEETING OF THE FRESNO REVITALIZATION CORPORATION AND THE CITY OF FRESNO IN ITS CAPACITY AS HOUSING SUCCESSOR TO THE REDEVELOPMENT AGENCY ID 21­1923­01 Receive Annual Report and Approve FY 21­22 Program Income Budget for the City of Fresno in its capacity as Housing Successor to the Redevelopment Agency of the City of Fresno Sponsors:Successor Agency to the Redevelopment Agency of the City of Fresno 2­B 10:00 A.M. ID 21­22695 HEARING to consider the proposed Annual Assessment for the City of Fresno Landscaping and Lighting Maintenance District No. 1 (Citywide)  Sponsors:Public Works Department 2­C 10:05 A.M. ID 21­22693 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. 50 (Assessor’s Parcel Numbers 504­092­50S, 504­092­51S, and 504­092­54S ­ El Paseo Phase III) (territory located on the southwest side of North Riverside Drive, south of West Herndon Avenue) (Council District 2)  Sponsors:Public Works Department 3.GENERAL ADMINISTRATION 3­A ID 21­22469 Workshop­ Insurance and Indemnity Requirements Sponsors:Personnel Services Department 3­B ID 21­22734 Budget Overflow (If Needed)(Continued Budget Hearings)  Sponsors:Office of the City Clerk 4.CITY COUNCIL 5.CLOSED SESSION 5­A ID 21­22708 CONFERENCE WITH LEGAL COUNSEL­EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) Case Name: Dennis Cooper v. City of Fresno and Police Officer Nathan Christian Hanna Fresno Superior Court Case No.: 19CECG04245 Sponsor: City Attorney's Office  Sponsors:City Attorney's Office 5­B ID 21­22737 CONFERENCE WITH LEGAL COUNSEL­EXISTING LITIGATION ­ Government Code Section 54956.9, subdivision (d)(1) Terance Frazier, et al. v. City of Fresno, et al.; United States District Court Case No.: 1:20­CV­01069 Sponsors:City Attorney's Office 5­C ID 21­22738 CONFERENCE WITH REAL PROPERTY NEGOTIATOR ­ Government Code Section 54956.8; Property: APN 438­021­92T, 35T, 93T, and 60T, and 438­062­37T and 53T Negotiating Parties: City Manager, CVCSF Sponsors:City Attorney's Office ADJOURNMENT UPCOMING SCHEDULED COUNCIL HEARINGS AND MATTERS July 15, 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. 9, Annexation No. 52 (the territory known as Assessor’s Parcel Number 505­281­18) (northeast corner of North Grantland and West Barstow Avenues) (Council District 2) July 15, 2021 10:00 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. 96 (Final Tract Map No. 6281) (area northwest of the intersection, fronting the north side of E Clinton & the west side of N Temperance) (Council District 4) UPCOMING EMPLOYEE CEREMONIES 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 JUNE 22, 2021 – 9:00 A.M. BUDGET MOTIONS VOTE JUNE 24, 2021 – 9:00 A.M. MEETING/BUDGET ADOPTION JULY 1, 2021 – NO MEETING JULY 8, 2021 – NO MEETING JULY 15, 2021 – 9:00 A.M. MEETING JULY 22, 2021 – NO MEETING JULY 29, 2021 – 9:00 A.M. MEETING AUGUST 5, 2021 – NO MEETING AUGUST 12, 2021 – NO MEETING AUGUST 19, 2021 – 9:00 A.M. MEETING AUGUST 26, 2021 – NO MEETING City of Fresno2600 Fresno StreetFresno, CA 93721www.fresno.govMeeting Agenda PacketThursday, June 17, 20219:00 AMRegular MeetingElectronic OnlyCity CouncilPresident – Luis ChavezVice President – Nelson EsparzaCouncilmembers:Esmeralda Z. Soria, Mike Karbassi, Miguel Angel Arias, Tyler Maxwell, GarryBredefeldCity Manager – Thomas EsquedaCity Attorney – Douglas T. SloanCity Clerk – Yvonne Spence, MMC9:00 A.M. ROLL CALLInvocation by Pastor Will Stoll of Northwest ChurchPledge of Allegiance to the FlagAPPROVE AGENDACEREMONIAL PRESENTATIONSID 21­22691 Proclamation for "Anna Pine Day" Sponsors:Councilmember KarbassiCOUNCILMEMBER REPORTS AND COMMENTSMAYOR/MANAGER REPORTS AND COMMENTS1.CONSENT CALENDAR1­A ID 21­0248 Approval of minutes for June 10, 2021 Regular Meeting. Sponsors:Office of the City Clerk1­B ID 21­22664 ***RESOLUTION – 91st Amendment to the Annual AppropriationsResolution (AAR) No. 2020­159 to appropriate an additional $200,000 to the 2013Debt Service Fund for FY2021 Transfers made to trustee for Debt Servicepayments during FY 2021 (requires 5 affirmative votes) (subject to Mayor’s veto)(Council District 4) Sponsors:Airports Department1­C ID 21­22656 Approve the award of a cooperative purchase agreement to AltecIndustries, Inc. of Birmingham, Alabama, for the purchase of two Altec buckettrucks in the amount of $281,520 procured by means of a cooperative purchaseagreement with Sourcewell, for the Department of Public Works, StreetMaintenance DivisionSponsors:Department of Transportation1­D ID 21­22657 Approve the award of a purchase contract to Fresno EquipmentCompany of Fresno, California, for the purchase of two John Deere 6155Mtractors in the amount of $267,103 procured by means of a cooperative purchase agreement with Sourcewell for the Department of Public Utilities, Wastewater Management Division Sponsors:Department of Transportation 1­E ID 21­12411 Approve an Agreement with Economic & Planning Systems, Inc., in the amount of $140,600 with a $30,000 contingency, to prepare an updated nexus study for the Citywide impact fees for Regional Streets, New Growth Area Major Streets, Police Facilities, Fire Facilities, Quimby In­Lieu Parkland Dedication and Park Facilities. (Citywide)  Sponsors:Public Works Department 1­F ID 21­22672 Actions pertaining to the summary vacation of access right restrictions on a portion of the northwest corner of East Jensen Avenue and South Maple Avenue (Council District 5)  1.    Adopt a finding of Categorical Exemption per staff determination, pursuant to Section 15301(b, c), Class 1 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines, Environmental Assessment Number PW12683 Jensen 2.    ***RESOLUTION – Ordering the summary vacation of access right restrictions on a portion of the northwest corner of East Jensen Avenue and South Maple Avenue (Subject to Mayor’s Veto) Sponsors:Public Works Department 1­G ID 21­22673 Actions pertaining to the summary vacation of a public utility easement in Block 15 of the map of Blackstone Villa (Council District 7)  1.    Adopt a finding of Categorical Exemption per staff determination, pursuant to Section 15301(b, c), Class 1 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines, Environmental Assessment Number PW12455 Block 15 Blackstone Villa 2.    ***RESOLUTION – Ordering the summary vacation of a public utility easement in Block 15 of the map of Blackstone Villa (Subject to Mayor’s Veto) Sponsors:Public Works Department 1­H ID 21­22680 Actions pertaining to the Tulare Street and Q Street Traffic Signal Project – Bid File No. 3770 (Council District 3)  1.    Adopt a finding of Categorical Exemption per staff determination, pursuant to Section 15301 and 15303 of the California Environmental Quality Act (CEQA) guidelines  2.    Approve the Grade Crossing Signal Agreement and the Surface Installation Agreement with Burlington Northern Santa Fe (BNSF) Railway Company totaling $103,170 to facilitate BNSF grade­crossing and traffic signal pre­emption network and timing improvements 3.    Award a construction contract in the amount of $710,672 to Lee Contractors and Consultants, Inc., of Nipomo, CA Sponsors:Public Works Department 1­I ID 21­22690 RESOLUTION – Adopting a list of proposed Public Works projects to receive Senate Bill 1 (SB1) Road Maintenance and Rehabilitation Account funding for City Fiscal Year 2022  Sponsors:Public Works Department 1­J ID 21­22698 Actions pertaining to Final Map of Tract No. 6241 RESOLUTION ­ Approving the Final Map of Tract No. 6241, Phase 1 of Vesting Tentative Tract Map No. 6241, and accepting dedicated public uses offered therein except for dedications offered subject to City acceptance of developer installed required improvements – located on the West side of North Armstrong Avenue, South of East Clinton Avenue (Council District 4) Sponsors:Public Works Department 1­K ID 21­22700 RESOLUTION ­ Of Intention to Annex Final Tract Map No. 6281 as Annexation No. 96 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, July 15, 2021, at 10:00 am (area northwest of the intersection, fronting the north side of East Clinton & the west side of North Temperance Avenues) (Council District 4)  Sponsors:Public Works Department 1­L ID 21­22606­01 Actions pertaining to the Central Avenue Improvements Project – Bid File 3796 (Council District 3)  1.    Adopt a finding of Categorical Exemption per staff determination pursuant to Sections 15301, 15302, and 15304 of the California Environmental Quality Act (CEQA) Guidelines 2.    Approve an Inter­fund Loan Agreement between the Developer Cash­in­Lieu Improvements Funds and the Cash­in­Lieu Loan Fund, pursuant to Article VI of the City of Fresno Reserve Management Act and Article IV of the Taxpayer Protection Act, providing a $1,880,097 loan 3.    Award a construction contract in the amount of $1,383,097 to Emmett’s Excavation, Inc., of Clovis, CA Sponsors:Public Works Department 1­M ID 21­22726 Award a construction contract in the amount of $1,578,023.00 to Avison Construction, Inc., of Madera, CA, as the lowest responsive and responsible bidder, for the Shields Avenue Bankside Trail Project, along Shields Avenue from Fresno Street to First Street (Bid File No. 3810­12012) (Council District 7)  Sponsors:Public Works Department 1­N ID 21­22675 Actions pertaining to the cleaning and rehabilitation of Digesters 4 and 11 at the Fresno­Clovis Regional Wastewater Reclamation Facility (Bid File 3768) (Council District 3): 1.    Adopt a finding of Categorical Exemption pursuant to Sections 15301/Class 1 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines. 2.    Award a construction contract to Caliber Contracting Services, Inc., in the amount of $2,110,034.05. Sponsors:Department of Public Utilities 1­O ID 21­22612­01 Agreement between City of Fresno and Pinedale Public Utility District to transfer billing and collection of sewer service charges in the area generally bound by North Palm Avenue to the east, West Celeste Avenue to the south, North Fruit Avenue to the west, and West Sierra Avenue to the north, from Pinedale Public Utility District to the City of Fresno (Council District 2 and Fresno County) Sponsors:Department of Public Utilities 1­P ID 21­0396­02 ***BILL No. 18 (Intro. 4/28/21) (For adoption) – Amending Chapter 6, Article 9 of the Fresno Municipal Code, the Recycled Water Ordinance (All Council Districts) (Subject to Mayor’s Veto) Sponsors:Department of Public Utilities 1­Q ID 21­22684 Approve the First Amendment to the License Agreement between the City of Fresno, through the PARCS Department and New Cingular Wireless PCS, LLC to license use of certain real property, together with access and utility rights located at the Woodward Park maintenance yard. Original term commenced on March 2000. This is a revenue generated item with funds being used for Parks Special Projects. The License provides for a rent escalation of 15% per five (5) years commencing March 29, 2026. The License increases the base rent to $20,000 per year, paid annually effective March 29, 2021. (Friant and Shepherd) (District 6) Sponsors:Parks, After School and Recreation, and Community Services Department, Information Services Department 1­R ID 21­22721 Actions pertaining to CARES Act contracts for testing and tracing: 1. Approve Third Amendment to Agreement with Fresno Building Healthy Communities extending the agreement to December 30, 2021 (no cost extension) 2. Approve Third Amendment to Agreement with Fresno Economic Opportunities Commission extending the agreement to December 30, 2021. (no cost extension) Sponsors:Office of Mayor & City Manager 1­S ID 21­22725 Approve and authorize the Workforce Innovation and Opportunity Act (WIOA) Four (4) Year Local Plan for Program Years 2021­2024.  Sponsors:Councilmember Karbassi, Office of Mayor & City Manager 1­T ID 21­22723 Approve the appointment of Daisy Isabell Gonzales to the Fresno Youth Commission.  Sponsors:Council President Chavez 1­U ID 21­22465­02 ***Bill No. 23 – (Intro. 5/27/21)(For Adoption) – Amending the Vacant Building Ordinance, FMC section 10­617 (Subject to Mayor’s Veto) Sponsors:Councilmember Arias 1­V ID 21­22712­01 ***BILL No. 28 (Intro. 6/10/21)(For Adoption) – Adding Article 4.12 to Chapter 12 of the Fresno Municipal Code, relating to an infill incentive program for certain residential infill projects (Subject to Mayor’s Veto) Sponsors:Councilmember Arias 1­W ID 21­22752 RESOLUTION – Providing City sponsored swim lessons to eligible children in the City of Fresno Sponsors:Councilmember Soria 1­X ID 21­22544­02 ***Bill No. 24 ­(Intro. 5/27/21)(For Adoption) – Amending Section 5­510 of the Fresno Municipal Code relating to the Fresno Youth Commission (Subject to Mayor’s Veto) Sponsors:Councilmember Karbassi 1­Y ID 21­22756 Approve City Attorney amended contract Sponsors:Council President Chavez CONTESTED CONSENT CALENDAR UNSCHEDULED COMMUNICATION PLEASE NOTE: UNSCHEDULED COMMUNICATION IS NOT SCHEDULED FOR A SPECIFIC TIME AND MAY BE HEARD ANY TIME DURING THE MEETING 2.SCHEDULED COUNCIL HEARINGS AND MATTERS 2­A 9:00 A.M.JOINT MEETING OF THE FRESNO REVITALIZATION CORPORATION AND THE CITY OF FRESNO IN ITS CAPACITY AS HOUSING SUCCESSOR TO THE REDEVELOPMENT AGENCY ID 21­1923­01 Receive Annual Report and Approve FY 21­22 Program Income Budget for the City of Fresno in its capacity as Housing Successor to the Redevelopment Agency of the City of Fresno Sponsors:Successor Agency to the Redevelopment Agency of the City of Fresno 2­B 10:00 A.M. ID 21­22695 HEARING to consider the proposed Annual Assessment for the City of Fresno Landscaping and Lighting Maintenance District No. 1 (Citywide)  Sponsors:Public Works Department 2­C 10:05 A.M. ID 21­22693 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. 50 (Assessor’s Parcel Numbers 504­092­50S, 504­092­51S, and 504­092­54S ­ El Paseo Phase III) (territory located on the southwest side of North Riverside Drive, south of West Herndon Avenue) (Council District 2)  Sponsors:Public Works Department 3.GENERAL ADMINISTRATION 3­A ID 21­22469 Workshop­ Insurance and Indemnity Requirements Sponsors:Personnel Services Department 3­B ID 21­22734 Budget Overflow (If Needed)(Continued Budget Hearings)  Sponsors:Office of the City Clerk 4.CITY COUNCIL 5.CLOSED SESSION 5­A ID 21­22708 CONFERENCE WITH LEGAL COUNSEL­EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) Case Name: Dennis Cooper v. City of Fresno and Police Officer Nathan Christian Hanna Fresno Superior Court Case No.: 19CECG04245 Sponsor: City Attorney's Office  Sponsors:City Attorney's Office 5­B ID 21­22737 CONFERENCE WITH LEGAL COUNSEL­EXISTING LITIGATION ­ Government Code Section 54956.9, subdivision (d)(1) Terance Frazier, et al. v. City of Fresno, et al.; United States District Court Case No.: 1:20­CV­01069 Sponsors:City Attorney's Office 5­C ID 21­22738 CONFERENCE WITH REAL PROPERTY NEGOTIATOR ­ Government Code Section 54956.8; Property: APN 438­021­92T, 35T, 93T, and 60T, and 438­062­37T and 53T Negotiating Parties: City Manager, CVCSF Sponsors:City Attorney's Office ADJOURNMENT UPCOMING SCHEDULED COUNCIL HEARINGS AND MATTERS July 15, 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. 9, Annexation No. 52 (the territory known as Assessor’s Parcel Number 505­281­18) (northeast corner of North Grantland and West Barstow Avenues) (Council District 2) July 15, 2021 10:00 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. 96 (Final Tract Map No. 6281) (area northwest of the intersection, fronting the north side of E Clinton & the west side of N Temperance) (Council District 4) UPCOMING EMPLOYEE CEREMONIES 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 JUNE 22, 2021 – 9:00 A.M. BUDGET MOTIONS VOTE JUNE 24, 2021 – 9:00 A.M. MEETING/BUDGET ADOPTION JULY 1, 2021 – NO MEETING JULY 8, 2021 – NO MEETING JULY 15, 2021 – 9:00 A.M. MEETING JULY 22, 2021 – NO MEETING JULY 29, 2021 – 9:00 A.M. MEETING AUGUST 5, 2021 – NO MEETING AUGUST 12, 2021 – NO MEETING AUGUST 19, 2021 – 9:00 A.M. MEETING AUGUST 26, 2021 – NO MEETING City of Fresno2600 Fresno StreetFresno, CA 93721www.fresno.govMeeting Agenda PacketThursday, June 17, 20219:00 AMRegular MeetingElectronic OnlyCity CouncilPresident – Luis ChavezVice President – Nelson EsparzaCouncilmembers:Esmeralda Z. Soria, Mike Karbassi, Miguel Angel Arias, Tyler Maxwell, GarryBredefeldCity Manager – Thomas EsquedaCity Attorney – Douglas T. SloanCity Clerk – Yvonne Spence, MMC9:00 A.M. ROLL CALLInvocation by Pastor Will Stoll of Northwest ChurchPledge of Allegiance to the FlagAPPROVE AGENDACEREMONIAL PRESENTATIONSID 21­22691 Proclamation for "Anna Pine Day" Sponsors:Councilmember KarbassiCOUNCILMEMBER REPORTS AND COMMENTSMAYOR/MANAGER REPORTS AND COMMENTS1.CONSENT CALENDAR1­A ID 21­0248 Approval of minutes for June 10, 2021 Regular Meeting. Sponsors:Office of the City Clerk1­B ID 21­22664 ***RESOLUTION – 91st Amendment to the Annual AppropriationsResolution (AAR) No. 2020­159 to appropriate an additional $200,000 to the 2013Debt Service Fund for FY2021 Transfers made to trustee for Debt Servicepayments during FY 2021 (requires 5 affirmative votes) (subject to Mayor’s veto)(Council District 4) Sponsors:Airports Department1­C ID 21­22656 Approve the award of a cooperative purchase agreement to AltecIndustries, Inc. of Birmingham, Alabama, for the purchase of two Altec buckettrucks in the amount of $281,520 procured by means of a cooperative purchaseagreement with Sourcewell, for the Department of Public Works, StreetMaintenance DivisionSponsors:Department of Transportation1­D ID 21­22657 Approve the award of a purchase contract to Fresno EquipmentCompany of Fresno, California, for the purchase of two John Deere 6155Mtractors in the amount of $267,103 procured by means of a cooperative purchaseagreement with Sourcewell for the Department of Public Utilities, WastewaterManagement DivisionSponsors:Department of Transportation1­E ID 21­12411 Approve an Agreement with Economic & Planning Systems, Inc., inthe amount of $140,600 with a $30,000 contingency, to prepare an updated nexusstudy for the Citywide impact fees for Regional Streets, New Growth Area MajorStreets, Police Facilities, Fire Facilities, Quimby In­Lieu Parkland Dedication andPark Facilities. (Citywide) Sponsors:Public Works Department1­F ID 21­22672 Actions pertaining to the summary vacation of access rightrestrictions on a portion of the northwest corner of East Jensen Avenue and SouthMaple Avenue (Council District 5) 1.    Adopt a finding of Categorical Exemption per staff determination, pursuant toSection 15301(b, c), Class 1 (Existing Facilities) of the California EnvironmentalQuality Act (CEQA) Guidelines, Environmental Assessment Number PW12683Jensen2.    ***RESOLUTION – Ordering the summary vacation of access right restrictionson a portion of the northwest corner of East Jensen Avenue and South MapleAvenue (Subject to Mayor’s Veto)Sponsors:Public Works Department1­G ID 21­22673 Actions pertaining to the summary vacation of a public utilityeasement in Block 15 of the map of Blackstone Villa (Council District 7) 1.    Adopt a finding of Categorical Exemption per staff determination, pursuant toSection 15301(b, c), Class 1 (Existing Facilities) of the California EnvironmentalQuality Act (CEQA) Guidelines, Environmental Assessment Number PW12455Block 15 Blackstone Villa2.    ***RESOLUTION – Ordering the summary vacation of a public utility easementin Block 15 of the map of Blackstone Villa (Subject to Mayor’s Veto)Sponsors:Public Works Department1­H ID 21­22680 Actions pertaining to the Tulare Street and Q Street Traffic SignalProject – Bid File No. 3770 (Council District 3) 1.    Adopt a finding of Categorical Exemption per staff determination, pursuant toSection 15301 and 15303 of the California Environmental Quality Act (CEQA)guidelines 2.    Approve the Grade Crossing Signal Agreement and the Surface InstallationAgreement with Burlington Northern Santa Fe (BNSF) Railway Company totaling$103,170 to facilitate BNSF grade­crossing and traffic signal pre­emption networkand timing improvements3.    Award a construction contract in the amount of $710,672 to Lee Contractorsand Consultants, Inc., of Nipomo, CA Sponsors:Public Works Department 1­I ID 21­22690 RESOLUTION – Adopting a list of proposed Public Works projects to receive Senate Bill 1 (SB1) Road Maintenance and Rehabilitation Account funding for City Fiscal Year 2022  Sponsors:Public Works Department 1­J ID 21­22698 Actions pertaining to Final Map of Tract No. 6241 RESOLUTION ­ Approving the Final Map of Tract No. 6241, Phase 1 of Vesting Tentative Tract Map No. 6241, and accepting dedicated public uses offered therein except for dedications offered subject to City acceptance of developer installed required improvements – located on the West side of North Armstrong Avenue, South of East Clinton Avenue (Council District 4) Sponsors:Public Works Department 1­K ID 21­22700 RESOLUTION ­ Of Intention to Annex Final Tract Map No. 6281 as Annexation No. 96 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, July 15, 2021, at 10:00 am (area northwest of the intersection, fronting the north side of East Clinton & the west side of North Temperance Avenues) (Council District 4)  Sponsors:Public Works Department 1­L ID 21­22606­01 Actions pertaining to the Central Avenue Improvements Project – Bid File 3796 (Council District 3)  1.    Adopt a finding of Categorical Exemption per staff determination pursuant to Sections 15301, 15302, and 15304 of the California Environmental Quality Act (CEQA) Guidelines 2.    Approve an Inter­fund Loan Agreement between the Developer Cash­in­Lieu Improvements Funds and the Cash­in­Lieu Loan Fund, pursuant to Article VI of the City of Fresno Reserve Management Act and Article IV of the Taxpayer Protection Act, providing a $1,880,097 loan 3.    Award a construction contract in the amount of $1,383,097 to Emmett’s Excavation, Inc., of Clovis, CA Sponsors:Public Works Department 1­M ID 21­22726 Award a construction contract in the amount of $1,578,023.00 to Avison Construction, Inc., of Madera, CA, as the lowest responsive and responsible bidder, for the Shields Avenue Bankside Trail Project, along Shields Avenue from Fresno Street to First Street (Bid File No. 3810­12012) (Council District 7)  Sponsors:Public Works Department 1­N ID 21­22675 Actions pertaining to the cleaning and rehabilitation of Digesters 4 and 11 at the Fresno­Clovis Regional Wastewater Reclamation Facility (Bid File 3768) (Council District 3): 1.    Adopt a finding of Categorical Exemption pursuant to Sections 15301/Class 1 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines. 2.    Award a construction contract to Caliber Contracting Services, Inc., in the amount of $2,110,034.05. Sponsors:Department of Public Utilities 1­O ID 21­22612­01 Agreement between City of Fresno and Pinedale Public Utility District to transfer billing and collection of sewer service charges in the area generally bound by North Palm Avenue to the east, West Celeste Avenue to the south, North Fruit Avenue to the west, and West Sierra Avenue to the north, from Pinedale Public Utility District to the City of Fresno (Council District 2 and Fresno County) Sponsors:Department of Public Utilities 1­P ID 21­0396­02 ***BILL No. 18 (Intro. 4/28/21) (For adoption) – Amending Chapter 6, Article 9 of the Fresno Municipal Code, the Recycled Water Ordinance (All Council Districts) (Subject to Mayor’s Veto) Sponsors:Department of Public Utilities 1­Q ID 21­22684 Approve the First Amendment to the License Agreement between the City of Fresno, through the PARCS Department and New Cingular Wireless PCS, LLC to license use of certain real property, together with access and utility rights located at the Woodward Park maintenance yard. Original term commenced on March 2000. This is a revenue generated item with funds being used for Parks Special Projects. The License provides for a rent escalation of 15% per five (5) years commencing March 29, 2026. The License increases the base rent to $20,000 per year, paid annually effective March 29, 2021. (Friant and Shepherd) (District 6) Sponsors:Parks, After School and Recreation, and Community Services Department, Information Services Department 1­R ID 21­22721 Actions pertaining to CARES Act contracts for testing and tracing: 1. Approve Third Amendment to Agreement with Fresno Building Healthy Communities extending the agreement to December 30, 2021 (no cost extension) 2. Approve Third Amendment to Agreement with Fresno Economic Opportunities Commission extending the agreement to December 30, 2021. (no cost extension) Sponsors:Office of Mayor & City Manager 1­S ID 21­22725 Approve and authorize the Workforce Innovation and Opportunity Act (WIOA) Four (4) Year Local Plan for Program Years 2021­2024.  Sponsors:Councilmember Karbassi, Office of Mayor & City Manager 1­T ID 21­22723 Approve the appointment of Daisy Isabell Gonzales to the Fresno Youth Commission.  Sponsors:Council President Chavez 1­U ID 21­22465­02 ***Bill No. 23 – (Intro. 5/27/21)(For Adoption) – Amending the Vacant Building Ordinance, FMC section 10­617 (Subject to Mayor’s Veto) Sponsors:Councilmember Arias 1­V ID 21­22712­01 ***BILL No. 28 (Intro. 6/10/21)(For Adoption) – Adding Article 4.12 to Chapter 12 of the Fresno Municipal Code, relating to an infill incentive program for certain residential infill projects (Subject to Mayor’s Veto) Sponsors:Councilmember Arias 1­W ID 21­22752 RESOLUTION – Providing City sponsored swim lessons to eligible children in the City of Fresno Sponsors:Councilmember Soria 1­X ID 21­22544­02 ***Bill No. 24 ­(Intro. 5/27/21)(For Adoption) – Amending Section 5­510 of the Fresno Municipal Code relating to the Fresno Youth Commission (Subject to Mayor’s Veto) Sponsors:Councilmember Karbassi 1­Y ID 21­22756 Approve City Attorney amended contract Sponsors:Council President Chavez CONTESTED CONSENT CALENDAR UNSCHEDULED COMMUNICATION PLEASE NOTE: UNSCHEDULED COMMUNICATION IS NOT SCHEDULED FOR A SPECIFIC TIME AND MAY BE HEARD ANY TIME DURING THE MEETING 2.SCHEDULED COUNCIL HEARINGS AND MATTERS 2­A 9:00 A.M.JOINT MEETING OF THE FRESNO REVITALIZATION CORPORATION AND THE CITY OF FRESNO IN ITS CAPACITY AS HOUSING SUCCESSOR TO THE REDEVELOPMENT AGENCY ID 21­1923­01 Receive Annual Report and Approve FY 21­22 Program Income Budget for the City of Fresno in its capacity as Housing Successor to the Redevelopment Agency of the City of Fresno Sponsors:Successor Agency to the Redevelopment Agency of the City of Fresno 2­B 10:00 A.M. ID 21­22695 HEARING to consider the proposed Annual Assessment for the City of Fresno Landscaping and Lighting Maintenance District No. 1 (Citywide)  Sponsors:Public Works Department 2­C 10:05 A.M. ID 21­22693 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. 50 (Assessor’s Parcel Numbers 504­092­50S, 504­092­51S, and 504­092­54S ­ El Paseo Phase III) (territory located on the southwest side of North Riverside Drive, south of West Herndon Avenue) (Council District 2)  Sponsors:Public Works Department 3.GENERAL ADMINISTRATION 3­A ID 21­22469 Workshop­ Insurance and Indemnity Requirements Sponsors:Personnel Services Department 3­B ID 21­22734 Budget Overflow (If Needed)(Continued Budget Hearings)  Sponsors:Office of the City Clerk 4.CITY COUNCIL 5.CLOSED SESSION 5­A ID 21­22708 CONFERENCE WITH LEGAL COUNSEL­EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) Case Name: Dennis Cooper v. City of Fresno and Police Officer Nathan Christian Hanna Fresno Superior Court Case No.: 19CECG04245 Sponsor: City Attorney's Office  Sponsors:City Attorney's Office 5­B ID 21­22737 CONFERENCE WITH LEGAL COUNSEL­EXISTING LITIGATION ­ Government Code Section 54956.9, subdivision (d)(1) Terance Frazier, et al. v. City of Fresno, et al.; United States District Court Case No.: 1:20­CV­01069 Sponsors:City Attorney's Office 5­C ID 21­22738 CONFERENCE WITH REAL PROPERTY NEGOTIATOR ­ Government Code Section 54956.8; Property: APN 438­021­92T, 35T, 93T, and 60T, and 438­062­37T and 53T Negotiating Parties: City Manager, CVCSF Sponsors:City Attorney's Office ADJOURNMENT UPCOMING SCHEDULED COUNCIL HEARINGS AND MATTERS July 15, 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. 9, Annexation No. 52 (the territory known as Assessor’s Parcel Number 505­281­18) (northeast corner of North Grantland and West Barstow Avenues) (Council District 2) July 15, 2021 10:00 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. 96 (Final Tract Map No. 6281) (area northwest of the intersection, fronting the north side of E Clinton & the west side of N Temperance) (Council District 4) UPCOMING EMPLOYEE CEREMONIES 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 JUNE 22, 2021 – 9:00 A.M. BUDGET MOTIONS VOTE JUNE 24, 2021 – 9:00 A.M. MEETING/BUDGET ADOPTION JULY 1, 2021 – NO MEETING JULY 8, 2021 – NO MEETING JULY 15, 2021 – 9:00 A.M. MEETING JULY 22, 2021 – NO MEETING JULY 29, 2021 – 9:00 A.M. MEETING AUGUST 5, 2021 – NO MEETING AUGUST 12, 2021 – NO MEETING AUGUST 19, 2021 – 9:00 A.M. MEETING AUGUST 26, 2021 – NO MEETING City of Fresno2600 Fresno StreetFresno, CA 93721www.fresno.govMeeting Agenda PacketThursday, June 17, 20219:00 AMRegular MeetingElectronic OnlyCity CouncilPresident – Luis ChavezVice President – Nelson EsparzaCouncilmembers:Esmeralda Z. Soria, Mike Karbassi, Miguel Angel Arias, Tyler Maxwell, GarryBredefeldCity Manager – Thomas EsquedaCity Attorney – Douglas T. SloanCity Clerk – Yvonne Spence, MMC9:00 A.M. ROLL CALLInvocation by Pastor Will Stoll of Northwest ChurchPledge of Allegiance to the FlagAPPROVE AGENDACEREMONIAL PRESENTATIONSID 21­22691 Proclamation for "Anna Pine Day" Sponsors:Councilmember KarbassiCOUNCILMEMBER REPORTS AND COMMENTSMAYOR/MANAGER REPORTS AND COMMENTS1.CONSENT CALENDAR1­A ID 21­0248 Approval of minutes for June 10, 2021 Regular Meeting. Sponsors:Office of the City Clerk1­B ID 21­22664 ***RESOLUTION – 91st Amendment to the Annual AppropriationsResolution (AAR) No. 2020­159 to appropriate an additional $200,000 to the 2013Debt Service Fund for FY2021 Transfers made to trustee for Debt Servicepayments during FY 2021 (requires 5 affirmative votes) (subject to Mayor’s veto)(Council District 4) Sponsors:Airports Department1­C ID 21­22656 Approve the award of a cooperative purchase agreement to AltecIndustries, Inc. of Birmingham, Alabama, for the purchase of two Altec buckettrucks in the amount of $281,520 procured by means of a cooperative purchaseagreement with Sourcewell, for the Department of Public Works, StreetMaintenance DivisionSponsors:Department of Transportation1­D ID 21­22657 Approve the award of a purchase contract to Fresno EquipmentCompany of Fresno, California, for the purchase of two John Deere 6155Mtractors in the amount of $267,103 procured by means of a cooperative purchaseagreement with Sourcewell for the Department of Public Utilities, WastewaterManagement DivisionSponsors:Department of Transportation1­E ID 21­12411 Approve an Agreement with Economic & Planning Systems, Inc., inthe amount of $140,600 with a $30,000 contingency, to prepare an updated nexusstudy for the Citywide impact fees for Regional Streets, New Growth Area MajorStreets, Police Facilities, Fire Facilities, Quimby In­Lieu Parkland Dedication andPark Facilities. (Citywide) Sponsors:Public Works Department1­F ID 21­22672 Actions pertaining to the summary vacation of access rightrestrictions on a portion of the northwest corner of East Jensen Avenue and SouthMaple Avenue (Council District 5) 1.    Adopt a finding of Categorical Exemption per staff determination, pursuant toSection 15301(b, c), Class 1 (Existing Facilities) of the California EnvironmentalQuality Act (CEQA) Guidelines, Environmental Assessment Number PW12683Jensen2.    ***RESOLUTION – Ordering the summary vacation of access right restrictionson a portion of the northwest corner of East Jensen Avenue and South MapleAvenue (Subject to Mayor’s Veto)Sponsors:Public Works Department1­G ID 21­22673 Actions pertaining to the summary vacation of a public utilityeasement in Block 15 of the map of Blackstone Villa (Council District 7) 1.    Adopt a finding of Categorical Exemption per staff determination, pursuant toSection 15301(b, c), Class 1 (Existing Facilities) of the California EnvironmentalQuality Act (CEQA) Guidelines, Environmental Assessment Number PW12455Block 15 Blackstone Villa2.    ***RESOLUTION – Ordering the summary vacation of a public utility easementin Block 15 of the map of Blackstone Villa (Subject to Mayor’s Veto)Sponsors:Public Works Department1­H ID 21­22680 Actions pertaining to the Tulare Street and Q Street Traffic SignalProject – Bid File No. 3770 (Council District 3) 1.    Adopt a finding of Categorical Exemption per staff determination, pursuant toSection 15301 and 15303 of the California Environmental Quality Act (CEQA)guidelines 2.    Approve the Grade Crossing Signal Agreement and the Surface InstallationAgreement with Burlington Northern Santa Fe (BNSF) Railway Company totaling$103,170 to facilitate BNSF grade­crossing and traffic signal pre­emption networkand timing improvements3.    Award a construction contract in the amount of $710,672 to Lee Contractorsand Consultants, Inc., of Nipomo, CASponsors:Public Works Department1­I ID 21­22690 RESOLUTION – Adopting a list of proposed Public Works projects toreceive Senate Bill 1 (SB1) Road Maintenance and Rehabilitation Account fundingfor City Fiscal Year 2022 Sponsors:Public Works Department1­J ID 21­22698 Actions pertaining to Final Map of Tract No. 6241RESOLUTION ­ Approving the Final Map of Tract No. 6241, Phase 1 of VestingTentative Tract Map No. 6241, and accepting dedicated public uses offered thereinexcept for dedications offered subject to City acceptance of developer installedrequired improvements – located on the West side of North Armstrong Avenue,South of East Clinton Avenue (Council District 4)Sponsors:Public Works Department1­K ID 21­22700 RESOLUTION ­ Of Intention to Annex Final Tract Map No. 6281 asAnnexation No. 96 to the CITY OF FRESNO COMMUNITY FACILITIES DISTRICTNO. 11 and to Authorize the Levy of Special Taxes; and setting the public hearingfor Thursday, July 15, 2021, at 10:00 am (area northwest of the intersection,fronting the north side of East Clinton & the west side of North TemperanceAvenues) (Council District 4) Sponsors:Public Works Department1­L ID 21­22606­01 Actions pertaining to the Central Avenue Improvements Project –Bid File 3796 (Council District 3) 1.    Adopt a finding of Categorical Exemption per staff determination pursuant toSections 15301, 15302, and 15304 of the California Environmental Quality Act(CEQA) Guidelines2.    Approve an Inter­fund Loan Agreement between the Developer Cash­in­LieuImprovements Funds and the Cash­in­Lieu Loan Fund, pursuant to Article VI of theCity of Fresno Reserve Management Act and Article IV of the Taxpayer ProtectionAct, providing a $1,880,097 loan3.    Award a construction contract in the amount of $1,383,097 to Emmett’sExcavation, Inc., of Clovis, CASponsors:Public Works Department1­M ID 21­22726 Award a construction contract in the amount of $1,578,023.00 toAvison Construction, Inc., of Madera, CA, as the lowest responsive andresponsible bidder, for the Shields Avenue Bankside Trail Project, along ShieldsAvenue from Fresno Street to First Street (Bid File No. 3810­12012) (CouncilDistrict 7) Sponsors:Public Works Department1­N ID 21­22675 Actions pertaining to the cleaning and rehabilitation of Digesters 4 and 11 at the Fresno­Clovis Regional Wastewater Reclamation Facility (Bid File 3768) (Council District 3): 1.    Adopt a finding of Categorical Exemption pursuant to Sections 15301/Class 1 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines. 2.    Award a construction contract to Caliber Contracting Services, Inc., in the amount of $2,110,034.05. Sponsors:Department of Public Utilities 1­O ID 21­22612­01 Agreement between City of Fresno and Pinedale Public Utility District to transfer billing and collection of sewer service charges in the area generally bound by North Palm Avenue to the east, West Celeste Avenue to the south, North Fruit Avenue to the west, and West Sierra Avenue to the north, from Pinedale Public Utility District to the City of Fresno (Council District 2 and Fresno County) Sponsors:Department of Public Utilities 1­P ID 21­0396­02 ***BILL No. 18 (Intro. 4/28/21) (For adoption) – Amending Chapter 6, Article 9 of the Fresno Municipal Code, the Recycled Water Ordinance (All Council Districts) (Subject to Mayor’s Veto) Sponsors:Department of Public Utilities 1­Q ID 21­22684 Approve the First Amendment to the License Agreement between the City of Fresno, through the PARCS Department and New Cingular Wireless PCS, LLC to license use of certain real property, together with access and utility rights located at the Woodward Park maintenance yard. Original term commenced on March 2000. This is a revenue generated item with funds being used for Parks Special Projects. The License provides for a rent escalation of 15% per five (5) years commencing March 29, 2026. The License increases the base rent to $20,000 per year, paid annually effective March 29, 2021. (Friant and Shepherd) (District 6) Sponsors:Parks, After School and Recreation, and Community Services Department, Information Services Department 1­R ID 21­22721 Actions pertaining to CARES Act contracts for testing and tracing: 1. Approve Third Amendment to Agreement with Fresno Building Healthy Communities extending the agreement to December 30, 2021 (no cost extension) 2. Approve Third Amendment to Agreement with Fresno Economic Opportunities Commission extending the agreement to December 30, 2021. (no cost extension) Sponsors:Office of Mayor & City Manager 1­S ID 21­22725 Approve and authorize the Workforce Innovation and Opportunity Act (WIOA) Four (4) Year Local Plan for Program Years 2021­2024.  Sponsors:Councilmember Karbassi, Office of Mayor & City Manager 1­T ID 21­22723 Approve the appointment of Daisy Isabell Gonzales to the Fresno Youth Commission.  Sponsors:Council President Chavez 1­U ID 21­22465­02 ***Bill No. 23 – (Intro. 5/27/21)(For Adoption) – Amending the Vacant Building Ordinance, FMC section 10­617 (Subject to Mayor’s Veto) Sponsors:Councilmember Arias 1­V ID 21­22712­01 ***BILL No. 28 (Intro. 6/10/21)(For Adoption) – Adding Article 4.12 to Chapter 12 of the Fresno Municipal Code, relating to an infill incentive program for certain residential infill projects (Subject to Mayor’s Veto) Sponsors:Councilmember Arias 1­W ID 21­22752 RESOLUTION – Providing City sponsored swim lessons to eligible children in the City of Fresno Sponsors:Councilmember Soria 1­X ID 21­22544­02 ***Bill No. 24 ­(Intro. 5/27/21)(For Adoption) – Amending Section 5­510 of the Fresno Municipal Code relating to the Fresno Youth Commission (Subject to Mayor’s Veto) Sponsors:Councilmember Karbassi 1­Y ID 21­22756 Approve City Attorney amended contract Sponsors:Council President Chavez CONTESTED CONSENT CALENDAR UNSCHEDULED COMMUNICATION PLEASE NOTE: UNSCHEDULED COMMUNICATION IS NOT SCHEDULED FOR A SPECIFIC TIME AND MAY BE HEARD ANY TIME DURING THE MEETING 2.SCHEDULED COUNCIL HEARINGS AND MATTERS 2­A 9:00 A.M.JOINT MEETING OF THE FRESNO REVITALIZATION CORPORATION AND THE CITY OF FRESNO IN ITS CAPACITY AS HOUSING SUCCESSOR TO THE REDEVELOPMENT AGENCY ID 21­1923­01 Receive Annual Report and Approve FY 21­22 Program Income Budget for the City of Fresno in its capacity as Housing Successor to the Redevelopment Agency of the City of Fresno Sponsors:Successor Agency to the Redevelopment Agency of the City of Fresno 2­B 10:00 A.M. ID 21­22695 HEARING to consider the proposed Annual Assessment for the City of Fresno Landscaping and Lighting Maintenance District No. 1 (Citywide)  Sponsors:Public Works Department 2­C 10:05 A.M. ID 21­22693 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. 50 (Assessor’s Parcel Numbers 504­092­50S, 504­092­51S, and 504­092­54S ­ El Paseo Phase III) (territory located on the southwest side of North Riverside Drive, south of West Herndon Avenue) (Council District 2)  Sponsors:Public Works Department 3.GENERAL ADMINISTRATION 3­A ID 21­22469 Workshop­ Insurance and Indemnity Requirements Sponsors:Personnel Services Department 3­B ID 21­22734 Budget Overflow (If Needed)(Continued Budget Hearings)  Sponsors:Office of the City Clerk 4.CITY COUNCIL 5.CLOSED SESSION 5­A ID 21­22708 CONFERENCE WITH LEGAL COUNSEL­EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) Case Name: Dennis Cooper v. City of Fresno and Police Officer Nathan Christian Hanna Fresno Superior Court Case No.: 19CECG04245 Sponsor: City Attorney's Office  Sponsors:City Attorney's Office 5­B ID 21­22737 CONFERENCE WITH LEGAL COUNSEL­EXISTING LITIGATION ­ Government Code Section 54956.9, subdivision (d)(1) Terance Frazier, et al. v. City of Fresno, et al.; United States District Court Case No.: 1:20­CV­01069 Sponsors:City Attorney's Office 5­C ID 21­22738 CONFERENCE WITH REAL PROPERTY NEGOTIATOR ­ Government Code Section 54956.8; Property: APN 438­021­92T, 35T, 93T, and 60T, and 438­062­37T and 53T Negotiating Parties: City Manager, CVCSF Sponsors:City Attorney's Office ADJOURNMENT UPCOMING SCHEDULED COUNCIL HEARINGS AND MATTERS July 15, 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. 9, Annexation No. 52 (the territory known as Assessor’s Parcel Number 505­281­18) (northeast corner of North Grantland and West Barstow Avenues) (Council District 2) July 15, 2021 10:00 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. 96 (Final Tract Map No. 6281) (area northwest of the intersection, fronting the north side of E Clinton & the west side of N Temperance) (Council District 4) UPCOMING EMPLOYEE CEREMONIES 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 JUNE 22, 2021 – 9:00 A.M. BUDGET MOTIONS VOTE JUNE 24, 2021 – 9:00 A.M. MEETING/BUDGET ADOPTION JULY 1, 2021 – NO MEETING JULY 8, 2021 – NO MEETING JULY 15, 2021 – 9:00 A.M. MEETING JULY 22, 2021 – NO MEETING JULY 29, 2021 – 9:00 A.M. MEETING AUGUST 5, 2021 – NO MEETING AUGUST 12, 2021 – NO MEETING AUGUST 19, 2021 – 9:00 A.M. MEETING AUGUST 26, 2021 – NO MEETING City of Fresno2600 Fresno StreetFresno, CA 93721www.fresno.govMeeting Agenda PacketThursday, June 17, 20219:00 AMRegular MeetingElectronic OnlyCity CouncilPresident – Luis ChavezVice President – Nelson EsparzaCouncilmembers:Esmeralda Z. Soria, Mike Karbassi, Miguel Angel Arias, Tyler Maxwell, GarryBredefeldCity Manager – Thomas EsquedaCity Attorney – Douglas T. SloanCity Clerk – Yvonne Spence, MMC9:00 A.M. ROLL CALLInvocation by Pastor Will Stoll of Northwest ChurchPledge of Allegiance to the FlagAPPROVE AGENDACEREMONIAL PRESENTATIONSID 21­22691 Proclamation for "Anna Pine Day" Sponsors:Councilmember KarbassiCOUNCILMEMBER REPORTS AND COMMENTSMAYOR/MANAGER REPORTS AND COMMENTS1.CONSENT CALENDAR1­A ID 21­0248 Approval of minutes for June 10, 2021 Regular Meeting. Sponsors:Office of the City Clerk1­B ID 21­22664 ***RESOLUTION – 91st Amendment to the Annual AppropriationsResolution (AAR) No. 2020­159 to appropriate an additional $200,000 to the 2013Debt Service Fund for FY2021 Transfers made to trustee for Debt Servicepayments during FY 2021 (requires 5 affirmative votes) (subject to Mayor’s veto)(Council District 4) Sponsors:Airports Department1­C ID 21­22656 Approve the award of a cooperative purchase agreement to AltecIndustries, Inc. of Birmingham, Alabama, for the purchase of two Altec buckettrucks in the amount of $281,520 procured by means of a cooperative purchaseagreement with Sourcewell, for the Department of Public Works, StreetMaintenance DivisionSponsors:Department of Transportation1­D ID 21­22657 Approve the award of a purchase contract to Fresno EquipmentCompany of Fresno, California, for the purchase of two John Deere 6155Mtractors in the amount of $267,103 procured by means of a cooperative purchaseagreement with Sourcewell for the Department of Public Utilities, WastewaterManagement DivisionSponsors:Department of Transportation1­E ID 21­12411 Approve an Agreement with Economic & Planning Systems, Inc., inthe amount of $140,600 with a $30,000 contingency, to prepare an updated nexusstudy for the Citywide impact fees for Regional Streets, New Growth Area MajorStreets, Police Facilities, Fire Facilities, Quimby In­Lieu Parkland Dedication andPark Facilities. (Citywide) Sponsors:Public Works Department1­F ID 21­22672 Actions pertaining to the summary vacation of access rightrestrictions on a portion of the northwest corner of East Jensen Avenue and SouthMaple Avenue (Council District 5) 1.    Adopt a finding of Categorical Exemption per staff determination, pursuant toSection 15301(b, c), Class 1 (Existing Facilities) of the California EnvironmentalQuality Act (CEQA) Guidelines, Environmental Assessment Number PW12683Jensen2.    ***RESOLUTION – Ordering the summary vacation of access right restrictionson a portion of the northwest corner of East Jensen Avenue and South MapleAvenue (Subject to Mayor’s Veto)Sponsors:Public Works Department1­G ID 21­22673 Actions pertaining to the summary vacation of a public utilityeasement in Block 15 of the map of Blackstone Villa (Council District 7) 1.    Adopt a finding of Categorical Exemption per staff determination, pursuant toSection 15301(b, c), Class 1 (Existing Facilities) of the California EnvironmentalQuality Act (CEQA) Guidelines, Environmental Assessment Number PW12455Block 15 Blackstone Villa2.    ***RESOLUTION – Ordering the summary vacation of a public utility easementin Block 15 of the map of Blackstone Villa (Subject to Mayor’s Veto)Sponsors:Public Works Department1­H ID 21­22680 Actions pertaining to the Tulare Street and Q Street Traffic SignalProject – Bid File No. 3770 (Council District 3) 1.    Adopt a finding of Categorical Exemption per staff determination, pursuant toSection 15301 and 15303 of the California Environmental Quality Act (CEQA)guidelines 2.    Approve the Grade Crossing Signal Agreement and the Surface InstallationAgreement with Burlington Northern Santa Fe (BNSF) Railway Company totaling$103,170 to facilitate BNSF grade­crossing and traffic signal pre­emption networkand timing improvements3.    Award a construction contract in the amount of $710,672 to Lee Contractorsand Consultants, Inc., of Nipomo, CASponsors:Public Works Department1­I ID 21­22690 RESOLUTION – Adopting a list of proposed Public Works projects toreceive Senate Bill 1 (SB1) Road Maintenance and Rehabilitation Account fundingfor City Fiscal Year 2022 Sponsors:Public Works Department1­J ID 21­22698 Actions pertaining to Final Map of Tract No. 6241RESOLUTION ­ Approving the Final Map of Tract No. 6241, Phase 1 of VestingTentative Tract Map No. 6241, and accepting dedicated public uses offered thereinexcept for dedications offered subject to City acceptance of developer installedrequired improvements – located on the West side of North Armstrong Avenue,South of East Clinton Avenue (Council District 4)Sponsors:Public Works Department1­K ID 21­22700 RESOLUTION ­ Of Intention to Annex Final Tract Map No. 6281 asAnnexation No. 96 to the CITY OF FRESNO COMMUNITY FACILITIES DISTRICTNO. 11 and to Authorize the Levy of Special Taxes; and setting the public hearingfor Thursday, July 15, 2021, at 10:00 am (area northwest of the intersection,fronting the north side of East Clinton & the west side of North TemperanceAvenues) (Council District 4) Sponsors:Public Works Department1­L ID 21­22606­01 Actions pertaining to the Central Avenue Improvements Project –Bid File 3796 (Council District 3) 1.    Adopt a finding of Categorical Exemption per staff determination pursuant toSections 15301, 15302, and 15304 of the California Environmental Quality Act(CEQA) Guidelines2.    Approve an Inter­fund Loan Agreement between the Developer Cash­in­LieuImprovements Funds and the Cash­in­Lieu Loan Fund, pursuant to Article VI of theCity of Fresno Reserve Management Act and Article IV of the Taxpayer ProtectionAct, providing a $1,880,097 loan3.    Award a construction contract in the amount of $1,383,097 to Emmett’sExcavation, Inc., of Clovis, CASponsors:Public Works Department1­M ID 21­22726 Award a construction contract in the amount of $1,578,023.00 toAvison Construction, Inc., of Madera, CA, as the lowest responsive andresponsible bidder, for the Shields Avenue Bankside Trail Project, along ShieldsAvenue from Fresno Street to First Street (Bid File No. 3810­12012) (CouncilDistrict 7) Sponsors:Public Works Department1­N ID 21­22675 Actions pertaining to the cleaning and rehabilitation of Digesters 4and 11 at the Fresno­Clovis Regional Wastewater Reclamation Facility (Bid File3768) (Council District 3):1.    Adopt a finding of Categorical Exemption pursuant to Sections 15301/Class 1(Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines.2.    Award a construction contract to Caliber Contracting Services, Inc., in theamount of $2,110,034.05.Sponsors:Department of Public Utilities1­O ID 21­22612­01 Agreement between City of Fresno and Pinedale Public UtilityDistrict to transfer billing and collection of sewer service charges in the areagenerally bound by North Palm Avenue to the east, West Celeste Avenue to thesouth, North Fruit Avenue to the west, and West Sierra Avenue to the north, fromPinedale Public Utility District to the City of Fresno (Council District 2 and FresnoCounty)Sponsors:Department of Public Utilities1­P ID 21­0396­02 ***BILL No. 18 (Intro. 4/28/21) (For adoption) – Amending Chapter6, Article 9 of the Fresno Municipal Code, the Recycled Water Ordinance (AllCouncil Districts) (Subject to Mayor’s Veto)Sponsors:Department of Public Utilities1­Q ID 21­22684 Approve the First Amendment to the License Agreement between theCity of Fresno, through the PARCS Department and New Cingular Wireless PCS,LLC to license use of certain real property, together with access and utility rightslocated at the Woodward Park maintenance yard. Original term commenced onMarch 2000. This is a revenue generated item with funds being used for ParksSpecial Projects. The License provides for a rent escalation of 15% per five (5)years commencing March 29, 2026. The License increases the base rent to$20,000 per year, paid annually effective March 29, 2021. (Friant and Shepherd)(District 6)Sponsors:Parks, After School and Recreation, and Community ServicesDepartment, Information Services Department1­R ID 21­22721 Actions pertaining to CARES Act contracts for testing and tracing:1. Approve Third Amendment to Agreement with Fresno Building HealthyCommunities extending the agreement to December 30, 2021 (no cost extension)2. Approve Third Amendment to Agreement with Fresno Economic OpportunitiesCommission extending the agreement to December 30, 2021. (no cost extension)Sponsors:Office of Mayor & City Manager1­S ID 21­22725 Approve and authorize the Workforce Innovation and Opportunity Act(WIOA) Four (4) Year Local Plan for Program Years 2021­2024. Sponsors:Councilmember Karbassi, Office of Mayor & City Manager 1­T ID 21­22723 Approve the appointment of Daisy Isabell Gonzales to the Fresno Youth Commission.  Sponsors:Council President Chavez 1­U ID 21­22465­02 ***Bill No. 23 – (Intro. 5/27/21)(For Adoption) – Amending the Vacant Building Ordinance, FMC section 10­617 (Subject to Mayor’s Veto) Sponsors:Councilmember Arias 1­V ID 21­22712­01 ***BILL No. 28 (Intro. 6/10/21)(For Adoption) – Adding Article 4.12 to Chapter 12 of the Fresno Municipal Code, relating to an infill incentive program for certain residential infill projects (Subject to Mayor’s Veto) Sponsors:Councilmember Arias 1­W ID 21­22752 RESOLUTION – Providing City sponsored swim lessons to eligible children in the City of Fresno Sponsors:Councilmember Soria 1­X ID 21­22544­02 ***Bill No. 24 ­(Intro. 5/27/21)(For Adoption) – Amending Section 5­510 of the Fresno Municipal Code relating to the Fresno Youth Commission (Subject to Mayor’s Veto) Sponsors:Councilmember Karbassi 1­Y ID 21­22756 Approve City Attorney amended contract Sponsors:Council President Chavez CONTESTED CONSENT CALENDAR UNSCHEDULED COMMUNICATION PLEASE NOTE: UNSCHEDULED COMMUNICATION IS NOT SCHEDULED FOR A SPECIFIC TIME AND MAY BE HEARD ANY TIME DURING THE MEETING 2.SCHEDULED COUNCIL HEARINGS AND MATTERS 2­A 9:00 A.M.JOINT MEETING OF THE FRESNO REVITALIZATION CORPORATION AND THE CITY OF FRESNO IN ITS CAPACITY AS HOUSING SUCCESSOR TO THE REDEVELOPMENT AGENCY ID 21­1923­01 Receive Annual Report and Approve FY 21­22 Program Income Budget for the City of Fresno in its capacity as Housing Successor to the Redevelopment Agency of the City of Fresno Sponsors:Successor Agency to the Redevelopment Agency of the City of Fresno 2­B 10:00 A.M. ID 21­22695 HEARING to consider the proposed Annual Assessment for the City of Fresno Landscaping and Lighting Maintenance District No. 1 (Citywide)  Sponsors:Public Works Department 2­C 10:05 A.M. ID 21­22693 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. 50 (Assessor’s Parcel Numbers 504­092­50S, 504­092­51S, and 504­092­54S ­ El Paseo Phase III) (territory located on the southwest side of North Riverside Drive, south of West Herndon Avenue) (Council District 2)  Sponsors:Public Works Department 3.GENERAL ADMINISTRATION 3­A ID 21­22469 Workshop­ Insurance and Indemnity Requirements Sponsors:Personnel Services Department 3­B ID 21­22734 Budget Overflow (If Needed)(Continued Budget Hearings)  Sponsors:Office of the City Clerk 4.CITY COUNCIL 5.CLOSED SESSION 5­A ID 21­22708 CONFERENCE WITH LEGAL COUNSEL­EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) Case Name: Dennis Cooper v. City of Fresno and Police Officer Nathan Christian Hanna Fresno Superior Court Case No.: 19CECG04245 Sponsor: City Attorney's Office  Sponsors:City Attorney's Office 5­B ID 21­22737 CONFERENCE WITH LEGAL COUNSEL­EXISTING LITIGATION ­ Government Code Section 54956.9, subdivision (d)(1) Terance Frazier, et al. v. City of Fresno, et al.; United States District Court Case No.: 1:20­CV­01069 Sponsors:City Attorney's Office 5­C ID 21­22738 CONFERENCE WITH REAL PROPERTY NEGOTIATOR ­ Government Code Section 54956.8; Property: APN 438­021­92T, 35T, 93T, and 60T, and 438­062­37T and 53T Negotiating Parties: City Manager, CVCSF Sponsors:City Attorney's Office ADJOURNMENT UPCOMING SCHEDULED COUNCIL HEARINGS AND MATTERS July 15, 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. 9, Annexation No. 52 (the territory known as Assessor’s Parcel Number 505­281­18) (northeast corner of North Grantland and West Barstow Avenues) (Council District 2) July 15, 2021 10:00 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. 96 (Final Tract Map No. 6281) (area northwest of the intersection, fronting the north side of E Clinton & the west side of N Temperance) (Council District 4) UPCOMING EMPLOYEE CEREMONIES 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 JUNE 22, 2021 – 9:00 A.M. BUDGET MOTIONS VOTE JUNE 24, 2021 – 9:00 A.M. MEETING/BUDGET ADOPTION JULY 1, 2021 – NO MEETING JULY 8, 2021 – NO MEETING JULY 15, 2021 – 9:00 A.M. MEETING JULY 22, 2021 – NO MEETING JULY 29, 2021 – 9:00 A.M. MEETING AUGUST 5, 2021 – NO MEETING AUGUST 12, 2021 – NO MEETING AUGUST 19, 2021 – 9:00 A.M. MEETING AUGUST 26, 2021 – NO MEETING City of Fresno2600 Fresno StreetFresno, CA 93721www.fresno.govMeeting Agenda PacketThursday, June 17, 20219:00 AMRegular MeetingElectronic OnlyCity CouncilPresident – Luis ChavezVice President – Nelson EsparzaCouncilmembers:Esmeralda Z. Soria, Mike Karbassi, Miguel Angel Arias, Tyler Maxwell, GarryBredefeldCity Manager – Thomas EsquedaCity Attorney – Douglas T. SloanCity Clerk – Yvonne Spence, MMC9:00 A.M. ROLL CALLInvocation by Pastor Will Stoll of Northwest ChurchPledge of Allegiance to the FlagAPPROVE AGENDACEREMONIAL PRESENTATIONSID 21­22691 Proclamation for "Anna Pine Day" Sponsors:Councilmember KarbassiCOUNCILMEMBER REPORTS AND COMMENTSMAYOR/MANAGER REPORTS AND COMMENTS1.CONSENT CALENDAR1­A ID 21­0248 Approval of minutes for June 10, 2021 Regular Meeting. Sponsors:Office of the City Clerk1­B ID 21­22664 ***RESOLUTION – 91st Amendment to the Annual AppropriationsResolution (AAR) No. 2020­159 to appropriate an additional $200,000 to the 2013Debt Service Fund for FY2021 Transfers made to trustee for Debt Servicepayments during FY 2021 (requires 5 affirmative votes) (subject to Mayor’s veto)(Council District 4) Sponsors:Airports Department1­C ID 21­22656 Approve the award of a cooperative purchase agreement to AltecIndustries, Inc. of Birmingham, Alabama, for the purchase of two Altec buckettrucks in the amount of $281,520 procured by means of a cooperative purchaseagreement with Sourcewell, for the Department of Public Works, StreetMaintenance DivisionSponsors:Department of Transportation1­D ID 21­22657 Approve the award of a purchase contract to Fresno EquipmentCompany of Fresno, California, for the purchase of two John Deere 6155Mtractors in the amount of $267,103 procured by means of a cooperative purchaseagreement with Sourcewell for the Department of Public Utilities, WastewaterManagement DivisionSponsors:Department of Transportation1­E ID 21­12411 Approve an Agreement with Economic & Planning Systems, Inc., inthe amount of $140,600 with a $30,000 contingency, to prepare an updated nexusstudy for the Citywide impact fees for Regional Streets, New Growth Area MajorStreets, Police Facilities, Fire Facilities, Quimby In­Lieu Parkland Dedication andPark Facilities. (Citywide) Sponsors:Public Works Department1­F ID 21­22672 Actions pertaining to the summary vacation of access rightrestrictions on a portion of the northwest corner of East Jensen Avenue and SouthMaple Avenue (Council District 5) 1.    Adopt a finding of Categorical Exemption per staff determination, pursuant toSection 15301(b, c), Class 1 (Existing Facilities) of the California EnvironmentalQuality Act (CEQA) Guidelines, Environmental Assessment Number PW12683Jensen2.    ***RESOLUTION – Ordering the summary vacation of access right restrictionson a portion of the northwest corner of East Jensen Avenue and South MapleAvenue (Subject to Mayor’s Veto)Sponsors:Public Works Department1­G ID 21­22673 Actions pertaining to the summary vacation of a public utilityeasement in Block 15 of the map of Blackstone Villa (Council District 7) 1.    Adopt a finding of Categorical Exemption per staff determination, pursuant toSection 15301(b, c), Class 1 (Existing Facilities) of the California EnvironmentalQuality Act (CEQA) Guidelines, Environmental Assessment Number PW12455Block 15 Blackstone Villa2.    ***RESOLUTION – Ordering the summary vacation of a public utility easementin Block 15 of the map of Blackstone Villa (Subject to Mayor’s Veto)Sponsors:Public Works Department1­H ID 21­22680 Actions pertaining to the Tulare Street and Q Street Traffic SignalProject – Bid File No. 3770 (Council District 3) 1.    Adopt a finding of Categorical Exemption per staff determination, pursuant toSection 15301 and 15303 of the California Environmental Quality Act (CEQA)guidelines 2.    Approve the Grade Crossing Signal Agreement and the Surface InstallationAgreement with Burlington Northern Santa Fe (BNSF) Railway Company totaling$103,170 to facilitate BNSF grade­crossing and traffic signal pre­emption networkand timing improvements3.    Award a construction contract in the amount of $710,672 to Lee Contractorsand Consultants, Inc., of Nipomo, CASponsors:Public Works Department1­I ID 21­22690 RESOLUTION – Adopting a list of proposed Public Works projects toreceive Senate Bill 1 (SB1) Road Maintenance and Rehabilitation Account fundingfor City Fiscal Year 2022 Sponsors:Public Works Department1­J ID 21­22698 Actions pertaining to Final Map of Tract No. 6241RESOLUTION ­ Approving the Final Map of Tract No. 6241, Phase 1 of VestingTentative Tract Map No. 6241, and accepting dedicated public uses offered thereinexcept for dedications offered subject to City acceptance of developer installedrequired improvements – located on the West side of North Armstrong Avenue,South of East Clinton Avenue (Council District 4)Sponsors:Public Works Department1­K ID 21­22700 RESOLUTION ­ Of Intention to Annex Final Tract Map No. 6281 asAnnexation No. 96 to the CITY OF FRESNO COMMUNITY FACILITIES DISTRICTNO. 11 and to Authorize the Levy of Special Taxes; and setting the public hearingfor Thursday, July 15, 2021, at 10:00 am (area northwest of the intersection,fronting the north side of East Clinton & the west side of North TemperanceAvenues) (Council District 4) Sponsors:Public Works Department1­L ID 21­22606­01 Actions pertaining to the Central Avenue Improvements Project –Bid File 3796 (Council District 3) 1.    Adopt a finding of Categorical Exemption per staff determination pursuant toSections 15301, 15302, and 15304 of the California Environmental Quality Act(CEQA) Guidelines2.    Approve an Inter­fund Loan Agreement between the Developer Cash­in­LieuImprovements Funds and the Cash­in­Lieu Loan Fund, pursuant to Article VI of theCity of Fresno Reserve Management Act and Article IV of the Taxpayer ProtectionAct, providing a $1,880,097 loan3.    Award a construction contract in the amount of $1,383,097 to Emmett’sExcavation, Inc., of Clovis, CASponsors:Public Works Department1­M ID 21­22726 Award a construction contract in the amount of $1,578,023.00 toAvison Construction, Inc., of Madera, CA, as the lowest responsive andresponsible bidder, for the Shields Avenue Bankside Trail Project, along ShieldsAvenue from Fresno Street to First Street (Bid File No. 3810­12012) (CouncilDistrict 7) Sponsors:Public Works Department1­N ID 21­22675 Actions pertaining to the cleaning and rehabilitation of Digesters 4and 11 at the Fresno­Clovis Regional Wastewater Reclamation Facility (Bid File3768) (Council District 3):1.    Adopt a finding of Categorical Exemption pursuant to Sections 15301/Class 1(Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines.2.    Award a construction contract to Caliber Contracting Services, Inc., in theamount of $2,110,034.05.Sponsors:Department of Public Utilities1­O ID 21­22612­01 Agreement between City of Fresno and Pinedale Public UtilityDistrict to transfer billing and collection of sewer service charges in the areagenerally bound by North Palm Avenue to the east, West Celeste Avenue to thesouth, North Fruit Avenue to the west, and West Sierra Avenue to the north, fromPinedale Public Utility District to the City of Fresno (Council District 2 and FresnoCounty)Sponsors:Department of Public Utilities1­P ID 21­0396­02 ***BILL No. 18 (Intro. 4/28/21) (For adoption) – Amending Chapter6, Article 9 of the Fresno Municipal Code, the Recycled Water Ordinance (AllCouncil Districts) (Subject to Mayor’s Veto)Sponsors:Department of Public Utilities1­Q ID 21­22684 Approve the First Amendment to the License Agreement between theCity of Fresno, through the PARCS Department and New Cingular Wireless PCS,LLC to license use of certain real property, together with access and utility rightslocated at the Woodward Park maintenance yard. Original term commenced onMarch 2000. This is a revenue generated item with funds being used for ParksSpecial Projects. The License provides for a rent escalation of 15% per five (5)years commencing March 29, 2026. The License increases the base rent to$20,000 per year, paid annually effective March 29, 2021. (Friant and Shepherd)(District 6)Sponsors:Parks, After School and Recreation, and Community ServicesDepartment, Information Services Department1­R ID 21­22721 Actions pertaining to CARES Act contracts for testing and tracing:1. Approve Third Amendment to Agreement with Fresno Building HealthyCommunities extending the agreement to December 30, 2021 (no cost extension)2. Approve Third Amendment to Agreement with Fresno Economic OpportunitiesCommission extending the agreement to December 30, 2021. (no cost extension)Sponsors:Office of Mayor & City Manager1­S ID 21­22725 Approve and authorize the Workforce Innovation and Opportunity Act(WIOA) Four (4) Year Local Plan for Program Years 2021­2024. Sponsors:Councilmember Karbassi, Office of Mayor & City Manager1­T ID 21­22723 Approve the appointment of Daisy Isabell Gonzales to the FresnoYouth Commission. Sponsors:Council President Chavez1­U ID 21­22465­02 ***Bill No. 23 – (Intro. 5/27/21)(For Adoption) – Amending theVacant Building Ordinance, FMC section 10­617 (Subject to Mayor’s Veto)Sponsors:Councilmember Arias1­V ID 21­22712­01 ***BILL No. 28 (Intro. 6/10/21)(For Adoption) – Adding Article 4.12to Chapter 12 of the Fresno Municipal Code, relating to an infill incentive programfor certain residential infill projects (Subject to Mayor’s Veto)Sponsors:Councilmember Arias1­W ID 21­22752 RESOLUTION – Providing City sponsored swim lessons to eligiblechildren in the City of FresnoSponsors:Councilmember Soria1­X ID 21­22544­02 ***Bill No. 24 ­(Intro. 5/27/21)(For Adoption) – Amending Section5­510 of the Fresno Municipal Code relating to the Fresno Youth Commission(Subject to Mayor’s Veto)Sponsors:Councilmember Karbassi1­Y ID 21­22756 Approve City Attorney amended contractSponsors:Council President ChavezCONTESTED CONSENT CALENDARUNSCHEDULED COMMUNICATIONPLEASE NOTE: UNSCHEDULED COMMUNICATION IS NOT SCHEDULED FOR A SPECIFIC TIME ANDMAY BE HEARD ANY TIME DURING THE MEETING2.SCHEDULED COUNCIL HEARINGS AND MATTERS2­A 9:00 A.M.JOINT MEETING OF THE FRESNO REVITALIZATIONCORPORATION AND THE CITY OF FRESNO IN ITS CAPACITY ASHOUSING SUCCESSOR TO THE REDEVELOPMENT AGENCYID 21­1923­01 Receive Annual Report and Approve FY 21­22 Program IncomeBudget for the City of Fresno in its capacity as Housing Successor to theRedevelopment Agency of the City of FresnoSponsors:Successor Agency to the Redevelopment Agency of the City of Fresno2­B 10:00 A.M. ID 21­22695 HEARING to consider the proposed Annual Assessment for the City of Fresno Landscaping and Lighting Maintenance District No. 1 (Citywide)  Sponsors:Public Works Department 2­C 10:05 A.M. ID 21­22693 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. 50 (Assessor’s Parcel Numbers 504­092­50S, 504­092­51S, and 504­092­54S ­ El Paseo Phase III) (territory located on the southwest side of North Riverside Drive, south of West Herndon Avenue) (Council District 2)  Sponsors:Public Works Department 3.GENERAL ADMINISTRATION 3­A ID 21­22469 Workshop­ Insurance and Indemnity Requirements Sponsors:Personnel Services Department 3­B ID 21­22734 Budget Overflow (If Needed)(Continued Budget Hearings)  Sponsors:Office of the City Clerk 4.CITY COUNCIL 5.CLOSED SESSION 5­A ID 21­22708 CONFERENCE WITH LEGAL COUNSEL­EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) Case Name: Dennis Cooper v. City of Fresno and Police Officer Nathan Christian Hanna Fresno Superior Court Case No.: 19CECG04245 Sponsor: City Attorney's Office  Sponsors:City Attorney's Office 5­B ID 21­22737 CONFERENCE WITH LEGAL COUNSEL­EXISTING LITIGATION ­ Government Code Section 54956.9, subdivision (d)(1) Terance Frazier, et al. v. City of Fresno, et al.; United States District Court Case No.: 1:20­CV­01069 Sponsors:City Attorney's Office 5­C ID 21­22738 CONFERENCE WITH REAL PROPERTY NEGOTIATOR ­ Government Code Section 54956.8; Property: APN 438­021­92T, 35T, 93T, and 60T, and 438­062­37T and 53T Negotiating Parties: City Manager, CVCSF Sponsors:City Attorney's Office ADJOURNMENT UPCOMING SCHEDULED COUNCIL HEARINGS AND MATTERS July 15, 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. 9, Annexation No. 52 (the territory known as Assessor’s Parcel Number 505­281­18) (northeast corner of North Grantland and West Barstow Avenues) (Council District 2) July 15, 2021 10:00 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. 96 (Final Tract Map No. 6281) (area northwest of the intersection, fronting the north side of E Clinton & the west side of N Temperance) (Council District 4) UPCOMING EMPLOYEE CEREMONIES 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 JUNE 22, 2021 – 9:00 A.M. BUDGET MOTIONS VOTE JUNE 24, 2021 – 9:00 A.M. MEETING/BUDGET ADOPTION JULY 1, 2021 – NO MEETING JULY 8, 2021 – NO MEETING JULY 15, 2021 – 9:00 A.M. MEETING JULY 22, 2021 – NO MEETING JULY 29, 2021 – 9:00 A.M. MEETING AUGUST 5, 2021 – NO MEETING AUGUST 12, 2021 – NO MEETING AUGUST 19, 2021 – 9:00 A.M. MEETING AUGUST 26, 2021 – NO MEETING City of Fresno2600 Fresno StreetFresno, CA 93721www.fresno.govMeeting Agenda PacketThursday, June 17, 20219:00 AMRegular MeetingElectronic OnlyCity CouncilPresident – Luis ChavezVice President – Nelson EsparzaCouncilmembers:Esmeralda Z. Soria, Mike Karbassi, Miguel Angel Arias, Tyler Maxwell, GarryBredefeldCity Manager – Thomas EsquedaCity Attorney – Douglas T. SloanCity Clerk – Yvonne Spence, MMC9:00 A.M. ROLL CALLInvocation by Pastor Will Stoll of Northwest ChurchPledge of Allegiance to the FlagAPPROVE AGENDACEREMONIAL PRESENTATIONSID 21­22691 Proclamation for "Anna Pine Day" Sponsors:Councilmember KarbassiCOUNCILMEMBER REPORTS AND COMMENTSMAYOR/MANAGER REPORTS AND COMMENTS1.CONSENT CALENDAR1­A ID 21­0248 Approval of minutes for June 10, 2021 Regular Meeting. Sponsors:Office of the City Clerk1­B ID 21­22664 ***RESOLUTION – 91st Amendment to the Annual AppropriationsResolution (AAR) No. 2020­159 to appropriate an additional $200,000 to the 2013Debt Service Fund for FY2021 Transfers made to trustee for Debt Servicepayments during FY 2021 (requires 5 affirmative votes) (subject to Mayor’s veto)(Council District 4) Sponsors:Airports Department1­C ID 21­22656 Approve the award of a cooperative purchase agreement to AltecIndustries, Inc. of Birmingham, Alabama, for the purchase of two Altec buckettrucks in the amount of $281,520 procured by means of a cooperative purchaseagreement with Sourcewell, for the Department of Public Works, StreetMaintenance DivisionSponsors:Department of Transportation1­D ID 21­22657 Approve the award of a purchase contract to Fresno EquipmentCompany of Fresno, California, for the purchase of two John Deere 6155Mtractors in the amount of $267,103 procured by means of a cooperative purchaseagreement with Sourcewell for the Department of Public Utilities, WastewaterManagement DivisionSponsors:Department of Transportation1­E ID 21­12411 Approve an Agreement with Economic & Planning Systems, Inc., inthe amount of $140,600 with a $30,000 contingency, to prepare an updated nexusstudy for the Citywide impact fees for Regional Streets, New Growth Area MajorStreets, Police Facilities, Fire Facilities, Quimby In­Lieu Parkland Dedication andPark Facilities. (Citywide) Sponsors:Public Works Department1­F ID 21­22672 Actions pertaining to the summary vacation of access rightrestrictions on a portion of the northwest corner of East Jensen Avenue and SouthMaple Avenue (Council District 5) 1.    Adopt a finding of Categorical Exemption per staff determination, pursuant toSection 15301(b, c), Class 1 (Existing Facilities) of the California EnvironmentalQuality Act (CEQA) Guidelines, Environmental Assessment Number PW12683Jensen2.    ***RESOLUTION – Ordering the summary vacation of access right restrictionson a portion of the northwest corner of East Jensen Avenue and South MapleAvenue (Subject to Mayor’s Veto)Sponsors:Public Works Department1­G ID 21­22673 Actions pertaining to the summary vacation of a public utilityeasement in Block 15 of the map of Blackstone Villa (Council District 7) 1.    Adopt a finding of Categorical Exemption per staff determination, pursuant toSection 15301(b, c), Class 1 (Existing Facilities) of the California EnvironmentalQuality Act (CEQA) Guidelines, Environmental Assessment Number PW12455Block 15 Blackstone Villa2.    ***RESOLUTION – Ordering the summary vacation of a public utility easementin Block 15 of the map of Blackstone Villa (Subject to Mayor’s Veto)Sponsors:Public Works Department1­H ID 21­22680 Actions pertaining to the Tulare Street and Q Street Traffic SignalProject – Bid File No. 3770 (Council District 3) 1.    Adopt a finding of Categorical Exemption per staff determination, pursuant toSection 15301 and 15303 of the California Environmental Quality Act (CEQA)guidelines 2.    Approve the Grade Crossing Signal Agreement and the Surface InstallationAgreement with Burlington Northern Santa Fe (BNSF) Railway Company totaling$103,170 to facilitate BNSF grade­crossing and traffic signal pre­emption networkand timing improvements3.    Award a construction contract in the amount of $710,672 to Lee Contractorsand Consultants, Inc., of Nipomo, CASponsors:Public Works Department1­I ID 21­22690 RESOLUTION – Adopting a list of proposed Public Works projects toreceive Senate Bill 1 (SB1) Road Maintenance and Rehabilitation Account fundingfor City Fiscal Year 2022 Sponsors:Public Works Department1­J ID 21­22698 Actions pertaining to Final Map of Tract No. 6241RESOLUTION ­ Approving the Final Map of Tract No. 6241, Phase 1 of VestingTentative Tract Map No. 6241, and accepting dedicated public uses offered thereinexcept for dedications offered subject to City acceptance of developer installedrequired improvements – located on the West side of North Armstrong Avenue,South of East Clinton Avenue (Council District 4)Sponsors:Public Works Department1­K ID 21­22700 RESOLUTION ­ Of Intention to Annex Final Tract Map No. 6281 asAnnexation No. 96 to the CITY OF FRESNO COMMUNITY FACILITIES DISTRICTNO. 11 and to Authorize the Levy of Special Taxes; and setting the public hearingfor Thursday, July 15, 2021, at 10:00 am (area northwest of the intersection,fronting the north side of East Clinton & the west side of North TemperanceAvenues) (Council District 4) Sponsors:Public Works Department1­L ID 21­22606­01 Actions pertaining to the Central Avenue Improvements Project –Bid File 3796 (Council District 3) 1.    Adopt a finding of Categorical Exemption per staff determination pursuant toSections 15301, 15302, and 15304 of the California Environmental Quality Act(CEQA) Guidelines2.    Approve an Inter­fund Loan Agreement between the Developer Cash­in­LieuImprovements Funds and the Cash­in­Lieu Loan Fund, pursuant to Article VI of theCity of Fresno Reserve Management Act and Article IV of the Taxpayer ProtectionAct, providing a $1,880,097 loan3.    Award a construction contract in the amount of $1,383,097 to Emmett’sExcavation, Inc., of Clovis, CASponsors:Public Works Department1­M ID 21­22726 Award a construction contract in the amount of $1,578,023.00 toAvison Construction, Inc., of Madera, CA, as the lowest responsive andresponsible bidder, for the Shields Avenue Bankside Trail Project, along ShieldsAvenue from Fresno Street to First Street (Bid File No. 3810­12012) (CouncilDistrict 7) Sponsors:Public Works Department1­N ID 21­22675 Actions pertaining to the cleaning and rehabilitation of Digesters 4and 11 at the Fresno­Clovis Regional Wastewater Reclamation Facility (Bid File3768) (Council District 3):1.    Adopt a finding of Categorical Exemption pursuant to Sections 15301/Class 1(Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines.2.    Award a construction contract to Caliber Contracting Services, Inc., in theamount of $2,110,034.05.Sponsors:Department of Public Utilities1­O ID 21­22612­01 Agreement between City of Fresno and Pinedale Public UtilityDistrict to transfer billing and collection of sewer service charges in the areagenerally bound by North Palm Avenue to the east, West Celeste Avenue to thesouth, North Fruit Avenue to the west, and West Sierra Avenue to the north, fromPinedale Public Utility District to the City of Fresno (Council District 2 and FresnoCounty)Sponsors:Department of Public Utilities1­P ID 21­0396­02 ***BILL No. 18 (Intro. 4/28/21) (For adoption) – Amending Chapter6, Article 9 of the Fresno Municipal Code, the Recycled Water Ordinance (AllCouncil Districts) (Subject to Mayor’s Veto)Sponsors:Department of Public Utilities1­Q ID 21­22684 Approve the First Amendment to the License Agreement between theCity of Fresno, through the PARCS Department and New Cingular Wireless PCS,LLC to license use of certain real property, together with access and utility rightslocated at the Woodward Park maintenance yard. Original term commenced onMarch 2000. This is a revenue generated item with funds being used for ParksSpecial Projects. The License provides for a rent escalation of 15% per five (5)years commencing March 29, 2026. The License increases the base rent to$20,000 per year, paid annually effective March 29, 2021. (Friant and Shepherd)(District 6)Sponsors:Parks, After School and Recreation, and Community ServicesDepartment, Information Services Department1­R ID 21­22721 Actions pertaining to CARES Act contracts for testing and tracing:1. Approve Third Amendment to Agreement with Fresno Building HealthyCommunities extending the agreement to December 30, 2021 (no cost extension)2. Approve Third Amendment to Agreement with Fresno Economic OpportunitiesCommission extending the agreement to December 30, 2021. (no cost extension)Sponsors:Office of Mayor & City Manager1­S ID 21­22725 Approve and authorize the Workforce Innovation and Opportunity Act(WIOA) Four (4) Year Local Plan for Program Years 2021­2024. Sponsors:Councilmember Karbassi, Office of Mayor & City Manager1­T ID 21­22723 Approve the appointment of Daisy Isabell Gonzales to the FresnoYouth Commission. Sponsors:Council President Chavez1­U ID 21­22465­02 ***Bill No. 23 – (Intro. 5/27/21)(For Adoption) – Amending theVacant Building Ordinance, FMC section 10­617 (Subject to Mayor’s Veto)Sponsors:Councilmember Arias1­V ID 21­22712­01 ***BILL No. 28 (Intro. 6/10/21)(For Adoption) – Adding Article 4.12to Chapter 12 of the Fresno Municipal Code, relating to an infill incentive programfor certain residential infill projects (Subject to Mayor’s Veto)Sponsors:Councilmember Arias1­W ID 21­22752 RESOLUTION – Providing City sponsored swim lessons to eligiblechildren in the City of FresnoSponsors:Councilmember Soria1­X ID 21­22544­02 ***Bill No. 24 ­(Intro. 5/27/21)(For Adoption) – Amending Section5­510 of the Fresno Municipal Code relating to the Fresno Youth Commission(Subject to Mayor’s Veto)Sponsors:Councilmember Karbassi1­Y ID 21­22756 Approve City Attorney amended contractSponsors:Council President ChavezCONTESTED CONSENT CALENDARUNSCHEDULED COMMUNICATIONPLEASE NOTE: UNSCHEDULED COMMUNICATION IS NOT SCHEDULED FOR A SPECIFIC TIME ANDMAY BE HEARD ANY TIME DURING THE MEETING2.SCHEDULED COUNCIL HEARINGS AND MATTERS2­A 9:00 A.M.JOINT MEETING OF THE FRESNO REVITALIZATIONCORPORATION AND THE CITY OF FRESNO IN ITS CAPACITY ASHOUSING SUCCESSOR TO THE REDEVELOPMENT AGENCYID 21­1923­01 Receive Annual Report and Approve FY 21­22 Program IncomeBudget for the City of Fresno in its capacity as Housing Successor to theRedevelopment Agency of the City of FresnoSponsors:Successor Agency to the Redevelopment Agency of the City of Fresno2­B 10:00 A.M.ID 21­22695 HEARING to consider the proposed Annual Assessment for the Cityof Fresno Landscaping and Lighting Maintenance District No. 1 (Citywide) Sponsors:Public Works Department2­C 10:05 A.M.ID 21­22693 HEARING to adopt resolutions and ordinance to annex territory andlevy a special tax regarding CITY OF FRESNO COMMUNITY FACILITIESDISTRICT NO. 9, Annexation No. 50 (Assessor’s Parcel Numbers 504­092­50S,504­092­51S, and 504­092­54S ­ El Paseo Phase III) (territory located on thesouthwest side of North Riverside Drive, south of West Herndon Avenue) (CouncilDistrict 2) Sponsors:Public Works Department3.GENERAL ADMINISTRATION3­A ID 21­22469 Workshop­ Insurance and Indemnity RequirementsSponsors:Personnel Services Department3­B ID 21­22734 Budget Overflow (If Needed)(Continued Budget Hearings) Sponsors:Office of the City Clerk4.CITY COUNCIL5.CLOSED SESSION5­A ID 21­22708 CONFERENCE WITH LEGAL COUNSEL­EXISTING LITIGATIONGovernment Code Section 54956.9, subdivision (d)(1) Case Name: DennisCooper v. City of Fresno and Police Officer Nathan Christian Hanna FresnoSuperior Court Case No.: 19CECG04245 Sponsor: City Attorney's Office Sponsors:City Attorney's Office5­B ID 21­22737 CONFERENCE WITH LEGAL COUNSEL­EXISTING LITIGATION ­Government Code Section 54956.9, subdivision (d)(1) Terance Frazier, et al. v.City of Fresno, et al.; United States District Court Case No.: 1:20­CV­01069Sponsors:City Attorney's Office5­C ID 21­22738 CONFERENCE WITH REAL PROPERTY NEGOTIATOR ­Government Code Section 54956.8; Property: APN 438­021­92T, 35T, 93T, and60T, and 438­062­37T and 53T Negotiating Parties: City Manager, CVCSFSponsors:City Attorney's Office ADJOURNMENT UPCOMING SCHEDULED COUNCIL HEARINGS AND MATTERS July 15, 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. 9, Annexation No. 52 (the territory known as Assessor’s Parcel Number 505­281­18) (northeast corner of North Grantland and West Barstow Avenues) (Council District 2) July 15, 2021 10:00 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. 96 (Final Tract Map No. 6281) (area northwest of the intersection, fronting the north side of E Clinton & the west side of N Temperance) (Council District 4) UPCOMING EMPLOYEE CEREMONIES 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 JUNE 22, 2021 – 9:00 A.M. BUDGET MOTIONS VOTE JUNE 24, 2021 – 9:00 A.M. MEETING/BUDGET ADOPTION JULY 1, 2021 – NO MEETING JULY 8, 2021 – NO MEETING JULY 15, 2021 – 9:00 A.M. MEETING JULY 22, 2021 – NO MEETING JULY 29, 2021 – 9:00 A.M. MEETING AUGUST 5, 2021 – NO MEETING AUGUST 12, 2021 – NO MEETING AUGUST 19, 2021 – 9:00 A.M. MEETING AUGUST 26, 2021 – NO MEETING RLS: FILE ID: 21-22691 REPORT TO THE CITY COUNCIL DATE: June 17, 2021 FROM:Mike Karbassi, Councilmember District 2, City Council SUBJECT: Proclamation for "Anna Pine Day" ATTACHMENTS: Proclamation 9 7 REPORT TO THE CITY COUNCIL DATE: June 17, 2021 SUBJECT: Approval of minutes for June 10, 2021 Regular Meeting. ATTACHMENTS: Draft Minutes for 6-10-2021 Regular Meeting RLS: A21-0771 FILE ID: 21-22664 REPORT TO THE CITY COUNCIL DATE: June 17, 2021 FROM:KEVIN R. MEIKLE, Director of Aviation Airports Department SUBJECT: ***RESOLUTION – 91st Amendment to the Annual Appropriations Resolution (AAR) No. 2020-159 to appropriate an additional $200,000 to the 2013 Debt Service Fund for FY2021 Transfers made to trustee for Debt Service payments during FY 2021 (requires 5 affirmative votes) (subject to Mayor’s veto) (Council District 4) RECOMMENDATION: Staff recommends that Council adopt the 91st Amendment to AAR No 2020-159 appropriating an additional $200,000 to the Airports’ 2013 Bond Debt Service Fund to allow for a transfer of $200,000 for the FY2022 debt service from FY 2021 revenues. EXECUTIVE SUMMARY: In August 2020, Airports prepaid its FY 2021 debt service in full with CARES Act funds in response to the financial impact of the pandemic in 2020. However, prior to receiving the Cares Act funds, two months of Airport funds, amounting to approximately $200,000, were transferred to the Airports’ 2013 Bond Debt Service Fund (monthly transfers are typical in a normal year). As a result, the budget authorization needs to increase by $200,000 to allow for the recording of this Debt Service transfer to the Bond Trustee. BACKGROUND: Each Fiscal Year Airport funds amounting to $2.8 million are transferred to the Series 2013 Bond Trust. These funds are appropriated as part of Airports annual adopted budget and administratively transferred by the Finance Department. FY 2021 was different because CARES Act funds were used to pay the 2013 Bond Debt Service Fund. However, before that was able to happen, two months of airport funds were transferred, amounting to $200K. Therefore, instead of $2.8 million, a total of $3.0 million of funds were transferred to the Bond Trustee. The ARR provides the additional $200K in appropriation (from $2.8 million to 3.0 million) for FY 2021. There are no additional payments due, the annual debt service remains at $2.8 million. The additional $200K will be continue held in the Bond Trust and applied to the FY 2023 debt service. 5 4 4 ENVIRONMENTAL FINDINGS: This is not a “project” for the purpose of CEQA pursuant to CEQA Guidelines Section 15378. LOCAL PREFERENCE: Local preference is not applicable because this is an AAR. FISCAL IMPACT: Airports has the funding available for this budget appropriation and can proceed to make the necessary payments and account for project costs in the appropriate Fund with approval of the accompanying AAR. There is no impact to the General Fund or to the ratepayers of the City of Fresno from this action. ATTACHMENTS: 1- Resolution Adopting the 91st Amendment to Resolution No. 2020-159 RLS: A21-0722 FILE ID: 21-22656 REPORT TO THE CITY COUNCIL DATE: June 17, 2021 FROM:BRIAN BARR, Assistant Director Department of Transportation BY:CLIFFORD TRAUGH, Business Manager Department of Transportation SUBJECT: Approve the award of a cooperative purchase agreement to Altec Industries, Inc. of Birmingham, Alabama, for the purchase of two Altec bucket trucks in the amount of $281,520 procured by means of a cooperative purchase agreement with Sourcewell, for the Department of Public Works, Street Maintenance Division RECOMMENDATION: Staff recommends Council approve the award of a cooperative purchase agreement to Altec Industries, Inc. of Birmingham, Alabama, for the purchase of two Altec bucket trucks in the amount of $281,520. EXECUTIVE SUMMARY: The Department of Public Works, Street Maintenance Division seeks to purchase two Altec bucket trucks to maintain lighting infrastructure. The new units will be purchased as replacements through a competitively solicited cooperative procurement process administered by Sourcewell, formerly the National Joint Powers Alliance (NJPA). BACKGROUND: The Department of Public Works, Street Maintenance Division is responsible for maintaining 1,740 miles of City streets and boulevards. The traffic signal and street light team maintains 600 signalized intersections, 45,000 street lights, and responds 24 hours a day to electrical outages, and damage. To accomplish this mission, the Street Maintenance Division operates 14 bucket trucks with a crew of 16 personnel. Currently, the streets maintenance division operates nine Altec AT40G models representing 64% of the total bucket truck fleet. This model has become the city’s standard bucket truck as it is cost effective, reliable, and offers a 45 foot working height which is capable of meeting the need for most jobs. The new units will be built to a similar specification, updated to the latest technology to increase safety, 5 3 6 efficiency, and comply with the applicable emissions standard for this type of equipment. The bucket truck class of equipment is on a ten year or 100,000 mile replacement schedule which has been established by the Municipal Fleet Division as the optimum replacement time. The units identified for replacement are 13 years old and have well exceeded their useful life. The Municipal Fleet Division recommends replacement based on the age and condition of the units. The equipment will be purchased through a competitively solicited cooperative procurement process administered by Sourcewell, formerly the National Joint Powers Alliance (NJPA). The purchase price for the Altec bucket trucks is $140,760 each. This price includes the Sourcewell, cooperative purchasing discount applied to City purchases, as well as local sales tax at 7.975 percent. The Purchasing Division has approved this contract and recommends Council to approve. The City Attorney has reviewed and approved to form. ENVIRONMENTAL FINDINGS: By the definition provided in the California Environmental Quality Act (CEQA) Guidelines Section 15378, the award of this contract does not qualify as a “project” as defined by CEQA. LOCAL PREFERENCE: Local preference was not implemented, the City is using a cooperative purchase agreement to purchase these items. FISCAL IMPACT: No general funds will be used to purchase these items. The funding to cover the purchase cost of the Altec bucket trucks has been included in the FY2021 adopted budget under the operations of the Department of Public Works, Street Maintenance Division. The source of funding for this project is Proposition 111 Gas Tax fund. ATTACHMENTS: Acceptance & Award Altec 5th Yr. Extension Altec Contract Combined Ads Comment & Review Evaluation RFP Letter of Agreement To Extend the Contract Between Altec Industries, Inc. 210 Inverness Center Dr. Birmingham, AL 35242 And Sourcewell, Formerly National Joint Powers Alliance (NJPA) 202 12th Street NE Staples, MN 56479 Phone: (218) 894-1930 The Vendor and Sourcewell have entered into an Agreement (Contract #012418-ALT) for the procurement of Public Utility Equipment with Related Accessories and Supplies. This Agreement has an expiration date of March 14, 2022, but the parties may extend the Agreement for one additional year by mutual consent. The parties acknowledge that extending the Agreement for another year benefits the Vendor, Sourcewell and Sourcewell’s members. The Vendor and Sourcewell therefore agree to extend the Agreement listed above for a fifth year. This existing Agreement will terminate on March 14, 2023. All other terms and conditions of the Agreement remain in force. Sourcewell, Formerly National Joint Powers Alliance (NJPA) By: ___________________________________________, Its: Director of Operations & Procurement/CPO Name printed or typed: Jeremy Schwartz___________________________________________ Date Altec Industries, Inc. By: ___________________________________________, Its: _________________________ Name printed or typed: _________________________________________________________ Date                       Procurement Process About Us Affiliations & Relationships Become a Member Member Resources Get to Know NJPA - Indefinite Quantity Construction Contracting Systems and related services - Automotive and Truck Replacement Parts and Tires with Related Equipment, Accessories, and Services - Class 6,7, and 8 Chassis with Related Equipment, Accessories, and Services - Multi-Function Copiers, Printers, and Equipment - Express Courier, Overnight, Ground Delivery Logistics Services - Elevators, Escalators, and Moving Walks with Related Equipment, Services, Accessories and Supplies - Forklifts, Lift Trucks, and Related Material Handling Equipment, Attachments, Accessories, and Services - Pest Management with Related Products and Services - Classroom Audio Technology Equipment with Related Accessories, Services, and Supplies - Public Safety and Emergency Management Related Current & Pending Solicitations Become a Vendor Cooperative Purchasing Vendor Name: * Vendor Address: * Vendor City: * Vendor State: * Vendor Zipcode: * Contact Name: * Contact Email: * Vendor Phone Number: * Submit -Public Utility Equipment with Related Accessories and Supplies The National Joint Powers Alliance® (NJPA), on behalf of NJPA and its current and potential member agencies, which includes all governmental, higher education, K-12 education, not-for-profit, tribal government, and all other public agencies located in all fifty states, Canada, and internationally, issues this Request For Proposal (RFP) to result in a national contract solution for the procurement of #012418 PUBLIC UTILITY EQUIPMENT WITH RELATED ACCESSORIES AND SUPPLIES. Details of this RFP are available beginning December 7, 2017. Details may be obtained by letter of request to Chris Robinson, NJPA, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479, or by e-mail at RFP@njpacoop.org. Proposals will be received until January 24, 2018 at 4:30 p.m. Central Time at the above address and opened January 25, 2018 at 8:30 a.m. Central Time.  Pre-Proposal Conference: January 9, 2017 at 10:00 am CT Sealed proposals due: January 24, 2017 at 4:30 pm CT Proposals will be publicly opened: January 25, 2017 at 8:30 am CT NJPA reserves the right to reject any and all proposals. To Obtain RFP documents do one of the following: 1. E-mail rfp@njpacoop.org, an email will be sent back to you with the documents 2. Send a letter of request to National Joint Powers Alliance: Attn: Procurement Department 202 12th Street NE, Staples, MN 56479 Complete the RFP Document Request Form below, this will redirect you to a page where you can get the documents immediately. Home > Cooperative Purchasing >Become a Vendor >Current & Pending Solicitations >  -Public Utility Equipment with Related Accessories and Supplies Page 1 of 4National Joint Powers Alliance :: -Public Utility Equipment with Related Accessories and... 12/7/2017https://www.njpacoop.org/cooperative-purchasing/become-vendor/current-pending-solicita... 4C ❚THURSDAY, DECEMBER 7, 2017 ❚USA TODAY SPORTS NOTICES LEGAL NOTICE UNITEDSTATESBANKRUPTCYCOURT,SOUTHERNDISTRICTOFNEWYORK Inre BREITBURNENERGYPARTNERSLP,etal., Debtors.1 ) ) ) Chapter11 CaseNo.16-11390(SMB) (JointlyAdministered) NOTICEOF(I)APPROVALOFDISCLOSURESTATEMENT;(II)ESTABLISHMENTOF RECORDDATE;(III)HEARINGONCONFIRMATIONOFTHEPLANANDPROCEDURES FOROBJECTINGTOCONFIRMATIONOFTHEPLAN;AND(IV)PROCEDURESAND DEADLINEFORVOTINGONTHEPLANPLEASETAKENOTICEthat: 1.ApprovalofDisclosureStatement. ByorderdatedDecember1,2017(ECFNo.1885)(the“Order”), theUnitedStatesBankruptcyCourtfortheSouthernDistrictofNewYork(the“BankruptcyCourt”)approved the DisclosureStatementfortheDebtors’ThirdAmendedJointChapter11Plan datedDecember1,2017(asitmay beamended,the“DisclosureStatement”)filedbyBreitburnEnergyPartnersLPanditsaffiliateddebtors,as debtorsanddebtorsinpossession(collectively,the“Debtors”). TheBankruptcyCourtauthorizedtheDebtors tosolicitvoteswithregardtotheapprovalorrejectionofthe Debtors’ThirdAmendedJointChapter11Plan dated December1,2017(asitmaybeamended,the“Plan”),annexedas ExhibitA totheDisclosureStatement. Any capitalizedtermsusedhereinandnototherwisedefinedhereinshallhavethemeaningsascribedtosuchterms inthePlan. 2.Confirmation Hearing. A hearing (the“Confirmation Hearing”) to consider the confirmation of thePlanwillbeheldon January11,2018at10:00a.m.(EasternTime),beforetheHonorableStuartM. Bernstein,UnitedStatesBankruptcyJudge,inRoom723oftheUnitedStatesBankruptcyCourtfortheSouthern DistrictofNewYork,OneBowlingGreen,NewYork,NewYork10004. TheConfirmationHearingmaybecontin- uedfromtimetotimewithoutfurthernoticeotherthantheannouncementbytheDebtorsattheConfirmation Hearingoranycontinuedhearingorasindicatedinanynoticeofagendaofmattersscheduledforhearingfiled bytheDebtorswiththeBankruptcyCourt,andthePlanmaybemodified,ifnecessary,priorto,during,orasa resultoftheConfirmationHearing,withoutfurthernoticetointerestedparties. 3.RecordDateforVotingPurposes. OnlypartieswhoareeligibletovoteandholdClaimsagainstthe DebtorsasofNovember29,2017areentitledtovoteonthePlan. HoldersofequityinterestsintheDebtorswill notreceiveanydistributionunderthePlan. Accordingly,theirClassunderthePlanisdeemedtorejectthePlan andtheyarenotentitledtovoteonthePlan. 4.PartiesinInterestNotEntitledtoVote.ThefollowingholdersofClaimsandInterestsarenotenti- tledtovoteonthePlan:(i)holdersofunimpairedClaimsorInterests,(ii)holdersofimpairedClaimsorInterests thataredeemedtorejectthePlan,or(ii)holdersofClaimsthatarethesubjectoffiledobjectionsorrequestsfor estimation.IfyouhavetimelyfiledaproofofClaimanddisagreewiththeDebtors’classificationof,objectionto, orrequestforestimationof,yourClaimandbelievethatyoushouldbeentitledtovoteonthePlan,thenyoumust serveontheDebtorsattheaddresssetforthbelowandfilewiththeBankruptcyCourt(withacopytochambers) amotion(a“Rule3018(a)Motion”)foranorderpursuanttoRule3018(a)oftheFederalRulesofBankruptcy Procedure(the“BankruptcyRules”)temporarilyallowingsuchClaiminadifferentamountorinadifferent classforpurposesofvotingtoacceptorrejectthePlan. 5.VotingDeadline. AllvotestoacceptorrejectthePlanmustbeactuallyreceivedbyPrimeClerkLLC (“PrimeClerk”),theDebtors’votingagent(the“VotingAgent”)bynolaterthan 4:00p.m.(EasternTime) onJanuary4,2018 (the“VotingDeadline”).Anyfailuretofollowthevotinginstructionsincludedwithyour ballotmaydisqualifyyourballotandyourvote. 6. AllRule3018(a)Motionsmustbefiledonorbeforethetenth(10th)dayafterthelaterof(i)serviceofthe ConfirmationHearingNoticeand(ii)serviceofnoticeofanobjectionorrequestforestimation,ifany,astosuch Claim. InaccordancewithBankruptcyRule3018,astoanycreditorfilingaRule3018(a)Motion,suchcreditor’s ballotwillnotbecountedexceptasmaybeotherwiseorderedbytheBankruptcyCourtatleastsix(6)daysprior totheVotingDeadlineorastheBankruptcyCourtmaydirect.CreditorsmaycontacttheVotingAgentat1-855- 851-7887(domestic)or1-917-258-6103(international)toreceiveanappropriateballotforanyClaimforwhich aproofofClaimhasbeentimelyfiledandaRule3018(a)Motionhasbeengranted.Rule3018(a)Motionsthatare nottimelyfiledandservedinthemannersetforthaboveshallnotbeconsidered. 7.ObjectionstoConfirmation.Responsesandobjections,ifany,toconfirmationofthePlanmust: (a) Beinwriting; (b) StatethenameandaddressoftheobjectingpartyandtheamountandnatureoftheClaimorInterestof suchparty; (c) ConformtotheBankruptcyRulesandtheLocalRulesoftheBankruptcyCourt; (d) StatewithparticularitythebasisandnatureofanyobjectiontoconfirmationofthePlan; (e) BefiledwiththeBankruptcyCourteither(i)electronicallyor(ii)conventionally,asnotedbelow: (i)ElectronicFiling:thefilermustbeanattorneyinpossessionofpasswordsandloginstobothPACERand theBankruptcyCourt’sElectronicCaseFilingSystem;electronicfilingmustbeinaccordancewithGeneralOrder M-399(whichcanbefoundathttp://nysb.uscourts.gov);or (ii)ConventionalFiling:thefilermustsendtheresponseorobjectionbymail,courier,ormessengertothe Bankruptcy Court’s clerk at the following address:United States Bankruptcy Court,One Bowling Green,New York,NY10004;thehardcopyoftheresponseorobjectionshouldbeaccompaniedbyaCD-ROMcontainingthe responseorobjectionintext-searchableportabledocumentformat(PDF); [NOTE:Allfilers –thosefilingelectronicallyaswellasthosefilingconventionally–mustprovideBankruptcy CourtChamberswithaseparatehardcopyoftheresponseorobjection;anyproposedordershouldbeaccompa- niedbyaCD-ROMcontainingtheresponseorobjectionintext-searchableportabledocumentformat(PDF)];and (f) BeservedinaccordancewithGeneralOrderM-399soastobereceivednolaterthan January4,2018at 4:00p.m.(EasternTime),andonthefollowingparties: (i) TheDebtors,c/oBreitburnEnergyPartnersLP,707 WilshireBoulevard,Suite4600,LosAngeles,California90017(Attn:GregoryC.Brown,Esq.andRobertaE.Kass, Esq.);(ii) TheattorneysfortheDebtors,Weil,Gotshal&MangesLLP,767FifthAvenue,NewYork,NewYork10153 (Attn:RayC.Schrock,P.C.andStephenKarotkin,Esq.);(iii)TheU.S.Trustee,201VarickStreet,Suite1006,NewYork, NewYork10014(Attn:SusanD.Golden,Esq.andRichardC.Morrissey,Esq.); (iv) TheattorneysfortheCreditors’ Committee,Milbank,Tweed,Hadley&McCloyLLP,2029CenturyParkEast,33rdFloor,LosAngeles,CA90067(Attn: PaulS.Aronzon,Esq.andGregoryA.Bray,Esq.);and(v) TheattorneysfortheEquityCommittee,ProskauerRose LLP,11TimesSquare,NewYork,NewYork10036(Attn:MartinJ.Bienenstock,Esq.andVincentIndelicato,Esq.). IFANYOBJECTIONTOCONFIRMATIONOFTHEPLANISNOTFILEDANDSERVEDSTRICTLYASPRESCRIBED HEREIN, THE OBJECTING PARTY MAY BE BARRED FROM OBJECTING TO CONFIRMATION OF THE PLAN AND MAY NOT BE HEARD AT THE CONFIRMATION HEARING. REPLIES TO SUCH RESPONSES OR OBJECTIONSMAYBESERVEDBYNOLATERTHANJANUARY9,2018AT12:00P.M.(EASTERNTIME). 8.PartiesWhoWill Not BeTreated as Creditors. Any holder of a Claim that (i) is scheduled in the Debtors’schedules of assets and liabilities at $0.00,or in an unknown amount,or as disputed,contingent,or unliquidated,andisnotthesubjectofatimelyfiledproofofClaimoraproofofClaimdeemedtimelyfiledwith theBankruptcyCourtpursuanttoeithertheBankruptcyCodeoranyorderoftheBankruptcyCourt,orotherwise deemedtimelyfiledunderapplicablelaw,or(ii)isnotscheduledandisnotthesubjectofatimelyfiledproofof ClaimoraproofofClaimdeemedtimelyfiledwiththeBankruptcyCourtpursuanttoeithertheBankruptcyCode oranyorderoftheBankruptcyCourt,orotherwisedeemedtimelyfiledunderapplicablelaw,shallnotbetreated asacreditorwithrespecttosuchClaimforpurposesofvotingonthePlan. 9.Executory Contracts and Unexpired Leases. As of and subject to the occurrence of the Effective DateandthepaymentofanyapplicableCureAmount,allexecutorycontractsandunexpiredleasesthatdonot relatetoEmployeeObligations(asdefinedinthePlan)towhichanyoftheDebtorsarepartiesshallbedeemed assumed,unlesssuchcontractorlease:(i)waspreviouslyassumedorrejectedbytheDebtors,pursuanttoaFinal OrderoftheBankruptcyCourt,(ii)previouslyexpiredorterminatedpursuanttoitsowntermsorbyagreement ofthepartiesthereto,(iii)isthesubjectofamotiontorejectfiledbytheDebtorsonorbeforetheConfirmation Date,or(iv)isspecificallydesignatedasacontractorleasetoberejectedontheScheduleofRejectedContracts, or(v)astowhichaproperlyfiledandservedobjectionhasbeenfiledandservedatleastseven(7)daysbeforethe ConfirmationHearing.TheDebtorsshalldistributecurenoticestoapplicablethirdpartieswiththeBankruptcy Courtandshallserveallapplicablenoticesthereofontheappropriatepartiesnolaterthanfourteen(14)days beforetheConfirmationHearing. 10.Additional Information.Any party in interest wishing to obtain information about the solicitation proceduresorcopiesoftheDisclosureStatementorthePlanshouldcontacttheDebtors’votingagent,Prime Clerk, at 1-855-851-7887 (domestic) or 1-917-258-6103 (international), or may view such documents by accessing the Debtors’ website: https://cases.primeclerk.com/breitburn or the Bankruptcy Court’s website: http://www.nysb.uscourts.gov. As previously noted above,a PACER (www.pacer.psc.uscourts.gov) password andloginareneededtoaccessdocumentsontheBankruptcyCourt’swebsite(http://www.nysb.uscourts.gov). PRIMECLERKISNOTAUTHORIZEDTO,ANDWILLNOT,PROVIDELEGALADVICE. Dated:December1,2017 WEIL,GOTSHAL & MANGES LLP,767 Fifth Avenue,NewYork,NewYork 10153,Telephone:(212) 310-8000, Facsimile:(212)310-8007,AttorneysforDebtorsandDebtors-in-Possession 1 TheDebtorsinthesechapter11cases,alongwiththelastfourdigitsofeachDebtor’sfederaltaxidentification number,asapplicable,are:BreitburnEnergyPartnersLP(9953);BreitburnGPLLC(9948);BreitburnOperating LP(5529);BreitburnOperatingGPLLC(5525);BreitburnManagementCompanyLLC(2858);BreitburnFinance Corporation(2548);AlamitosCompany(9156);BeaverCreekPipeline,L.L.C.(7887);BreitburnFloridaLLC(7424); BreitburnOklahomaLLC(4714);BreitburnSawtelleLLC(7661);BreitburnTranspetcoGPLLC(7222);Breitburn TranspetcoLPLLC(7188);GTGPipelineLLC(3760);MercuryMichiganCompany,LLC(3380);PhoenixProduction Company(1427);QREnergy,LP(3069);QREGP,LLC(2855);QREOperating,LLC(9097);TerraEnergyCompanyLLC (9616);TerraPipelineCompanyLLC(3146);andTranspetcoPipelineCompany,L.P.(2620). 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DIRECTV SVC TERMS:SubjecttoEquipmentLease&CustomerAgreements.Mustmaintainamin.baseTVpkgof$29.99/mo.Add’lFees&Terms:$19.95Handling&Deliveryfeemay apply.Programming,pricing,termsandconditionssubjecttochangeatanytime.Visitdirectv.com/legalorcallfordetails.High-SpeedInternetprovidervariesbymarket.ASK ABOUTOUR NATIONWIDEBUNDLING!DIRECTV SUPERFASTINTERNETCall Today, Save 30%! for more information 1-855-900-2915 Free Installation! Our Best Deal Ever! Reachmillionswhenyou place your ad in USA TODAY! Call: 800-397-0070 ations — and a former Pro Bowl defensive back — said during a conference call Wednesday. Incredulously, Vincent went on to explain that part of the league’s philosophy is that there are “only 17 weeks” and that “we really emphasize, ‘Let the players play.’ ” That’s nonsense. Just like his explanation that “the act” and not “the result” of Gron- kowski’s body slam on White, who never returned to a game that Gronkowski kept playing in and is still in concussion pro- tocol after getting clubbed in the back of the helmet — goon- style, as he lay prone on the turf — was the basis of the tight end’s measly one-game sus- pension. You can’t have it both ways, NFL, when touting all the rules changes passed in the name of safety. The on-ffeld officials should be in the business of maintain- ing order, not adhering to a mentality that the league office will handle it during the week. I mean, their authority is written into the rule book, just as it is for NBA referees and MLB um- pires. I’m disappointed that Gene Steratore, respected in league circles as one of its best refer- ees, didn’t drop the hammer on Gronk, who deserved an ejec- tion and a suspension. As it stands, it appears White will miss more snaps than Gron- kowski. Not fair. What does it take? Does someone need to be killed on the ffeld? If players can be dis- qualiffed for pushing refs and ffghting, then why not for the Gronkowski episode? “That should have been automatic,” Mike Pereira, the Fox rules analyst who pre- viously headed the NFL’s offici- ating department, told USA TODAY. “That’s not even a football play. Somebody’s got to step up in a case like that. And you can conffrm it with the replay in New York.” Pereira understands offi- cials’ dilemma when it comes to ejections but also contends there are some no-brainer cir- cumstances warranting imme- diate action. “You don’t need to wait,” he added. “You need to send a message. It needs to happen on game day. It has a bigger im- pact.” With just 46 active players on a game-day roster, the in- stant hit to a depth chart — es- pecially if a targeting rule that mandates ejections is imple- mented — would sure get the attention of coaches, who can plan around suspensions. Last year’s big rule change (ejecting players for multiple personal fouls) has seemingly done little to curb unnecessary mayhem. Pereira contends it’s time to take another step even as stifi- er ffnes and suspensions seem to have fallen short of removing the egregious head shots. “Players may be more apt to change their ways if they feel there’s an automatic ejection,” he said. He’s seen techniques evolve because of the rule change on the college level. And, upon further review, the league needs to tighten it up more to discourage players from taking cheap shots while encouraging a culture where refs won’t hesitate to toss play- ers for a Gronk-like assault. “You have to have a safety net to get the calls right,” Perei- ra added. “And the NFL has that with replay.” Bell Continued from Page 1C COSTA MESA, Calif. – The wildffres that have been burn- ing around the Los Angeles area have already afiected the Rams heading into their game Sunday against the Eagles. The Rams, whose facility is in Thousand Oaks, canceled their practice Wednesday and instead conducted a walk- through in the gymnasium at nearby Cal Lutheran Univer- sity. Thousand Oaks is located in southeastern Ventura County, one of the areas afiected by the ffres. “The air quality isn’t quite what you’d like it to be to be able to go outside,” Rams coach Sean McVay said. “But fortunately, because we are right next to Cal Lutheran’s campus, we were able to go over to their gym, have a good walk-through, kind of use both of their basketball gyms.” The Eagles are practicing this week at Angel Stadium of Anaheim, the home of the Major League Baseball team. The stadium is located about 80 miles southeast of Ventura County. That area has not been afiected by the ffres. So far, neither team has heard from the NFL about the possibility of postponing the game, held at Los Angeles Me- morial Coliseum. But some ffres were about 20 miles away from the stadium, in Bel Air, in the hills outside the city. The ffres and smoke are such a concern that UCLA canceled its basketball game with Mon- tana scheduled Wednesday night. One ffre was about 5 miles from campus. Eagles coach Doug Pederson said it was unsettling to hear that the Rams couldn’t practice because of air quality, not to mention the thousands of peo- ple who have had to evacuate their homes in Ventura County. “It is obviously a serious is- sue with what’s going on, and our thoughts and prayers are obviously with the people that are afiected,” Pederson said. “I know the Rams were afiected these last couple of days, and it makes it a little uncomforting and unsettling.” It’s a big game for both teams. The Eagles (10-2) and Rams (9-3) are leading their di- visions and are hoping to im- prove their playofi positioning heading into the ffnal four games of the season. McVaysaid he and the Rams are trying to make the best of the situation and that having a walk-through practice this late in the season isn’t such a bad thing. “That was kind of the ap- proach we were going to take anyway,” he said. “We just did it indoors, and we kind of kept the players ofi their feet more than we were accustomed to on a Wednesday. “But being this late in the season, you do sometimes look into adjusting your practice plans to have a little bit more of an above-the-neck emphasis on a Wednesday. And that’s what we did, and hopefully we’ll be able to regain our nor- mal practice schedule and get back out there (Thursday).” Fires force Rams to move practice Martin Frank Wilmington (Del.) News Journal USA TODAY Network Wildfires in California forced the Rams to change their practice to a walk-through Wednesday. DAN MACMEDAN/USA TODAY NFL 1 National Joint Powers Alliance® REQUEST FOR PROPOSAL for the procurement of PUBLIC UTILITY EQUIPMENT WITH RELATED ACCESSORIES AND SUPPLIES RFP Opening JANUARY 25, 2018 8:30 a.m. Central Time At the offices of the National Joint Powers Alliance® 202 12th Street Northeast, Staples, MN 56479 RFP #012418 The National Joint Powers Alliance® (NJPA), on behalf of NJPA and its current and potential member agencies, which includes all governmental, higher education, K-12 education, not-for-profit, tribal government, and all other public agencies located in all fifty states, Canada, and internationally, issues this Request For Proposal (RFP) to result in a national contract solution for the procurement of #012418 PUBLIC UTILITY EQUIPMENT WITH RELATED ACCESSORIES AND SUPPLIES. Details of this RFP are available beginning December 7, 2017. Details may be obtained by letter of request to Chris Robinson, NJPA, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479, or by e -mail at RFP@njpacoop.org. Proposals will be received until January 24, 2018 at 4:30 p.m. Central Time at the above address and opened January 25, 2018 at 8:30 a.m. Central Time. RFP Timeline December 7, 2017 Publication of RFP in the print and online version of USA Today, in the print and online version of the Salt Lake News within the State of Utah, in the print and online version of the Daily Journal of Commerce within the State of Oregon (note: OR entities this pertains to: http://www.njpacoop.org/oregon-advertising and also RFP Appendix B), in the print and online version of The State within the State of South Carolina, the NJPA website, MERX, Noticetobidders.com, PublicPurchase.com, Biddingo, and Onvia. January 9, 2018 10:00 a.m. CT Pre-Proposal Conference (the webcast/conference call). The connection information will be sent to all inquirers two business days before the conference. January 17, 2018 Deadline for RFP questions. January 24, 2018 4:30 p.m. CT Deadline for Submission of Proposals. Late responses will be returned unopened. January 25, 2018 8:30 a.m. CT Public Opening of Proposals. Direct questions regarding this RFP to: Chris Robinson at chris.robinson@njpacoop.org or (218) 895-4168. 2 TABLE OF CONTENTS 1. DEFINITIONS A. Contract B. Proposer C. Sourced Good of Open Market Item D. Vendor 2. ADVERTISEMENT OF RFP 3. INTRODUCTION A. About NJPA B. Joint Exercise of Powers Laws C. Why Respond to a National Cooperative Procurement Contract D. The Intent of This RFP E. Scope of This RFP F. Expectations for Equipment/Products and Services Being Proposed G. Solutions Based Solicitation 4. INSTRUCTIONS FOR PREPARING YOUR PROPOSAL A. Inquiry Period B. Pre-Proposal Conference C. Identification of Key Personnel D. Proposer’s Exceptions to Terms and Conditions E. Proposal Format F. Questions & Answers About This RFP G. Modification or Withdrawal of a Submitted Proposal H. Proposal Opening Procedure I. NJPA’s Rights Reserved 5. PRICING A. Line-Item Pricing B. Percentage Discount From Catalog or Category C. Cost Plus a Percentage of Cost D. Hot List Pricing E. Ceiling Price F. Volume Price Discounts/ Additional Quantities G. Total Cost of Acquisition H. Sourced Equipment/Products/ Open Market Items I. Price and Product Changes J. Payment Terms K. Sales Tax L. Shipping 6. EVALUATION OF PROPOSALS A. Proposal Evaluation Process B. Proposer Responsiveness C. Proposal Evaluation Criteria D. Other Consideration E. Cost Comparison F. Marketing Plan G. Certificate Of Insurance H. Order Process and/or Funds Flow I. Administrative Fees J. Value Added K. Waiver of Formalities 7. POST AWARD OPERATING ISSUES A. Subsequent Agreements B. NJPA Member Sign-up Procedure C. Reporting of Sales Activity D. Audits E. Hub Partner F. Trade-Ins G. Out of Stock Notification H. Termination of a Contract resulting from this RFP 8. GENERAL TERMS AND CONDIITONS A. Advertising a Contract Resulting From This RFP B. Applicable Law C. Assignment of Contract D. List of Proposers E. Captions, Headings, and Illustrations F. Data Practices G. Entire Agreement H. Force Majeure I. Licenses J. Material Suppliers and Sub-Contractors K. Non-Wavier of Rights L. Protests of Awards Made M. Suspension or Disbarment Status N. Affirmative Action and Immigration Status Certification O. Severability P. Relationship of Parties 9. FORMS 10. PRE-SUBMISSION CHECKLIST 11. PRICE & PRODUCT CHANGE REQUEST FORM 12. APPENDIX A 13. APPENDIX B – HI, ID, OR, SC, UT, WA Political Subdivisions (SEPARATE ATTACHMENT) 14. APPENDIX C – VA Political Subdivisions (SEPARATE ATTACHMENT) 3 1 DEFINITIONS A. CONTRACT Contract means this RFP, current pricing information, fully executed Forms C, D, F, & P from the Proposer’s response pursuant to this RFP, and a fully executed Form E (“Acceptance and Award”) with final terms and conditions. Form E will be executed after a formal award and will provide final clarification of terms and conditions of the award. B. PROPOSER A Proposer is a company, person, or entity delivering a timely response to this RFP. This RFP may also use the terms “respondent” or “proposed Vendor,” which is interchangeable with Proposer as the context allows. C. SOURCED GOOD or OPEN MARKET ITEM A Sourced Good or Open Market Item is a product within the RFP’s scope 1) that is not currently available under the Vendor’s NJPA contract, 2) that a member wants to buy under contract from an awarded Vendor, and 3) that is generally deemed incidental to the total transaction or purchase of contract items. D. VENDOR A Proposer whose response has been awarded a contract pursuant to this RFP. 4 2 ADVERTISEMENT OF RFP 2.1 NJPA advertises this solicitation: 1) in the hard copy print and online editions of the USA Today; 2) once each in Oregon’s Daily Journal of Commerce, South Carolina’s The State and Utah’s Salt Lake Tribune; 3) on NJPA’s website; and 4) on other third-party websites deemed appropriate by NJPA. Other third-party advertisers may include Onvia, PublicPurchase.com, MERX, and Biddingo. 2.2 NJPA also notifies and provides solicitation documentation to each state-level procurement departments for possible re-posting of the solicitation within their systems and at their option for future use and to meet specific state requirements. 3 INTRODUCTION A. ABOUT NJPA 3.1 The National Joint Powers Alliance® (NJPA) is a public agency serving as a national municipal contracting agency established under the Service Cooperative statute by Minnesota Legislative Statute §123A.21 with the authority to develop and offer, among other services, cooperative procurement services to its membership. Eligible membership and participation includes states, cities, counties, all government agencies, both public and non-public educational agencies, colleges, universities and non-profit organizations. 3.2 Under the authority of Minnesota state laws and enabling legislation, NJPA facilitates a competitive solicitation and contracting process on behalf of the needs of itself and the needs of current and potential member agencies nationally. This process results in national procurement contracts with various Vendors of products/equipment and services which NJPA Member agencies desire to procure. These procurement contracts are created in compliance with applicable Minnesota Municipal Contracting Laws. A complete listing of NJPA cooperative procurement contracts can be found at www.njpacoop.org. 3.3 NJPA is a public agency governed by publicly elected officials that serve as the NJPA Board of Directors. NJPA’s Board of Directors oversees and authorizes the calls for all new proposals and holds those resulting Contracts for the benefit of its own and its Members use. 3.4 NJPA currently serves over 50,000 member agencies nationally. Both membership and utilization of NJPA contracts continue to expand, due in part to the increasing acceptance of Cooperative Purchasing throughout the government and education communities nationally. B. JOINT EXERCISE OF POWERS LAWS 3.5 NJPA cooperatively shares those contracts with its Members nationwide through various Joint Exercise of Powers Laws or Cooperative Purchasing Statutes established in Minnesota, other states and Canadian provinces. The Minnesota Joint Exercise of Powers Law is Minnesota Statute §471.59 which states “Two or more governmental units…may jointly or cooperatively exercise any power common to the contracting parties…” This Minnesota Statute allows NJPA to serve Member agencies located in all other states. Municipal agencies nationally can participate in cooperative purchasing activities under their own state law. These laws can be found on our website at http://www.njpacoop.org/national-cooperative-contract- solutions/legal-authority/. 3.5.1 For Members within the Commonwealth of Virginia, this RFP is intended to be a “joint procurement agreement” as described in Vir. Code § 2.2-4304(A), and those Virginia Members identified in Appendix C may agree to be a Joint Purchaser under this RFP. C. WHY RESPOND TO A NATIONAL COOPERATIVE PROCUREMENT CONTRACT 5 3.6 National Cooperative Procurement Contracts create value for Municipal and Public Agencies, as well as for Vendors of products/equipment and services in a variety of ways: 3.6.1 National cooperative contracts potentially save time and effort for municipal and public agencies, who otherwise would have to solicit vendor responses to individual RFPs, resulting in individual contracts, to meet the procurement needs of their respective agencies. Considerable time and effort is also potentially saved by the Vendors who would have had to otherwise respond to each of those individual RFPs. A single, nationally advertised RFP, resulting in a single, national cooperative contract can potentially replace thousands of individual RFPs for the same equipment/products/services that might have been otherwise advertised by individual NJPA member agencies. 3.6.2 NJPA contracts offer our Members nationally leveraged volume purchasing discounts. Our contract terms and conditions offer the opportunity for Vendors to recognize individual member procurement volume commitment through additional volume based contract discounts. 3.7 State laws that permit or encourage cooperative purchasing contracts do so with the belief that cooperative efficiencies will result in lower prices, better overall value, and considerable time savings. 3.8 The collective purchasing power of thousands of NJPA Member agencies nationwide offers the opportunity for volume pricing discounts. Although no sales or sales volume is guaranteed by an NJPA Contract resulting from this RFP, substantial volume is anticipated and volume pricing is requested and justified. 3.9 NJPA and its Members desire the best value for their procurement dollar as well as a competitive price. Vendors have the opportunity to display and highlight value-added attributes of their company, equipment/products and services without constraints of a typical individual proposal process. D . THE INTENT OF THIS RFP 3.10. National contract awarded by NJPA: NJPA seeks the most responsive and responsible Vendor relationship(s) to reflect the best interests of NJPA and its Member agencies. Through a competitive proposal and evaluation process, the NJPA Proposal Evaluation Committee recommends vendors for a national contract awarded by the action of the NJPA Chief Procurement Officer. NJPA’s primary intent is to establish and provide a national cooperative procurement contract that offer opportunities for NJPA and our current and potential Member agencies throughout the United States and Canada to procure quality product/equipment and services as desired and needed. The contracts will be marketed nationally through a cooperative effort between the awarded vendor(s) and NJPA. Contracts are expected to offer price levels reflective of the potential and collective volume of NJPA and the nationally established NJPA membership base. 3.11 Beyond our primary intent, NJPA further desires to: 3.11.1 Award a four-year contract with a fifth-year contract option resulting from this RFP. Any fifth-year extension is exercised at NJPA’s discretion and results from NJPA’s contracting needs or from Member requests; this extension is not intended merely to accommodate an awarded Vendor’s request. If NJPA grants a fifth-year extension, it may also terminate the contract (or cause it to expire) within the fifth year if the extended contract is replaced by a resolicited or newly solicited contract. In exigent circumstances, NJPA may petition NJPA’s Board of Directors to extend the contract term beyond five years. This rarely used procedure should be employed only to avoid a gap in contract coverage while a replacement contract is being solicited; 6 3.11.2 Offer and apply any applicable technological advances throughout the term of a contract resulting from this RFP; 3.11.3 Deliver “Value Added” aspects of the company, equipment/products and services as defined in the “Proposer’s Response”; 3.11.4 Deliver a wide spectrum of solutions to meet the needs and requirements of NJPA and NJPA Member agencies; and 3.11.5 Award an exclusive contract to the most responsive and responsible vendor when it is deemed to be in the best interest of NJPA and the NJPA Member agencies. 3.12 Exclusive or Multiple Awards: Based on the scope of this RFP and on the responses received, NJPA may award either an exclusive contract or multiple contracts. In some circumstances, a single national supplier may best meet the needs of NJPA Members; in other situations, multiple vendors may be in the best interests of NJPA and the NJPA Members and preferred by NJPA to provide the widest array of solutions to meet the member agency’s needs. NJPA retains sole discretion to determine which approach is in the best interests of NJPA Member agencies. 3.13 Non-Manufacturer Awards: NJPA reserves the right to make an award under this RFP to a non- manufacturer or dealer/distributor if such action is in the best interests of NJPA and its Members. 3.14 Manufacturer as a Proposer: If the Proposer is a manufacturer or wholesale distributor, the response received will be evaluated on the basis of a response made in conjunction with that manufacturer’s authorized dealer network. Unless stated otherwise, a manufacturer or wholesale distributor Proposer is assumed to have a documented relationship with their dealer network where that dealer network is informed of, and authorized to accept, purchase orders pursuant to any Contract resulting from this RFP on behalf of the manufacturer or wholesale distributor Proposer. Any such dealer will be considered a sub-contractor of the Proposer/Vendor. The relationship between the manufacturer and wholesale distributor Proposer and its dealer network may be proposed at the time of the submission if that fact is properly identified. 3.15 Dealer/Reseller as a Proposer: If the Proposer is a dealer or reseller of the products and/or services being proposed, the response will be evaluated based on the Proposer’s authorization to provide those products and services from their manufacturer. When requested by NJPA, Proposers must document their authority to offer those products and/or services. E. SCOPE OF THIS RFP 3.16 Scope: The scope of this RFP is to award a contract to a qualifying vendor defined as a manufacturer, provider, or dealer/distributor, established as a Proposer, and deemed responsive and responsible through our open and competitive proposal process. Vendors will be awarded contracts based on the proposal and responders demonstrated ability to meet the expectations of the RFP and demonstrate the overall highest valued solutions which meet and/or exceed the current and future needs and requirements of NJPA and its Member agencies nationally within the scope of PUBLIC UTILITY EQUIPMENT WITH RELATED ACCESSORIES AND SUPPLIES. 3.17 Additional Scope Definitions: In addition to PUBLIC UTILITY EQUIPMENT WITH RELATED ACCESSORIES AND SUPPLIES, this solicitation should be read to include, but not to be limited to: 3.17.1 Chassis-mounted, trailer-mounted, and self-propelled (wheel or track): 3.17.1.1 telescopic, articulated, mast, and boom, aerial lifts, towers, buckets, and platforms; and, 7 3.17.1.2 derricks, diggers, pole jacks, and cable placers, stringers, tensioners, pullers, and reels. 3.17.2 Chassis-mounted, trailer-mounted, and self-propelled (wheel or track), trenchers, directional drilling, thrust, and boring machines, pipeline drills, and soil piercing tools. 3.17.3 Equipment offering a combination of the functions described in subsections 3.17.1 and 3.17.2. 3.17.4 Pumps equal to or exceeding 20HP, such as mud pumps, trash pumps, diesel- driven/hydraulic-driven/electrically-driven centrifugal pumps, and other pumps used in municipal applications such as lift stations, sewage treatment, water treatment, collection systems and dewatering. (A pump proposal may include pump models under 20HP so long as those offerings are incidental to a primary offering of 20HP or higher models.) 3.17.5 Chassis-mounted, trailer-mounted, or skid-mounted hydro and/or vacuum excavators for the purpose of utility (gas, electric, water or telecom) infrastructure installation, but not for the purpose of sewer cleaning, catch basin cleaning, jet rodding/jet flushing, wet well/lift station cleaning or storm line cleaning (See NJPA RFP #122017). 3.17.6 NJPA reserves the right to limit the scope of this solicitation for NJPA and current and potential NJPA member agencies. 3.17.6.1 This solicitation should NOT be construed to include any of the following: a. heavy construction equipment (see NJPA RFP #032515); b. skid steers or excavators (see NJPA RFP #042815); c. trailers (see NJPA RFP #052015); d. sewer vaccum, hydro-excavation or street sweeping and broom equipment (See NJPA RFP #122017); e. truck chassis-only proposals (see NJPA RFP #081716) or, e. ag tractors (see NJPA RFP #021815). 3.18 Overlap of Scope: When considering equipment/products/services, or groups of equipment/ products/services submitted as a part of your response, and whether inclusion of such will fall within a “Scope of Proposal,” please consider the validity of an inverse statement. 3.18.1 For example, pencils and post-it-notes can generally be classified as office supplies and office supplies generally include pencils and post-it-notes. 3.18.2 In contrast, computers (PCs and peripherals) can generally be considered office supplies; however, the scope of office supplies does not generally include computer servers and infrastructure. 3.18.3 In conclusion: With this in mind, individual products and services must be examined individually by NJPA, from time to time and in its sole discretion, to determine their compliance and fall within the original “Scope” as intended by NJPA. 3.19 Best and Most Responsive – Responsible Proposer: It is the intent of NJPA to award a Contract to the best and most responsible and responsive Proposer(s) offering the best overall quality and selection of equipment/products and services meeting the commonly requested specifications of the NJPA and NJPA Members, provided the Proposer’s Response has been submitted in accordance with the requirements of this RFP. Qualifying Proposers who are able to anticipate the current and future needs and requirements of NJPA and NJPA member agencies; demonstrate the knowledge of any and all applicable industry 8 standards, laws and regulations; and possess the willingness and ability to distribute, market to and service NJPA Members in all 50 states are preferred. NJPA requests proposers submit their entire product line as it applies and relates to the scope of this RFP. 3.20 Sealed Proposals: NJPA will receive sealed proposal responses to this RFP in accordance with accepted standards set forth in the Minnesota Procurement Code and Uniform Municipal Contracting Law. Awards may be made to responsible and responsive Proposers whose proposals are determined in writing to be the most advantageous to NJPA and its current or qualifying future NJPA Member agencies. 3.21 Use of Contract: Any Contract resulting from this solicitation shall be awarded with the understanding that it is for the sole convenience of NJPA and its Members. NJPA and/or its members reserve the right to obtain like equipment/products and services solely from this contract or from another contract source of their choice or from a contract resulting from their own procurement process. 3.22 Awarded Vendor’s interest in a contract resulting from this RFP: Awarded Vendors will be able to offer to NJPA, and current and potential NJPA Members, only those products/equipment and services specifically awarded on their NJPA Awarded Contract(s). Awarded Vendors may not offer as “contract compliant,” products/equipment and services which are not specifically identified and priced in their NJPA Awarded Contract. 3.23 Sole Source of Responsibility- NJPA desires a “Sole Source of Responsibility” Vendor. This means that the Vendor will take sole responsibility for the performance of delivered equipment/products/ services. NJPA also desires sole responsibility with regard to: 3.23.1 Scope of Equipment/Products/Services: NJPA desires a provider for the broadest possible scope of products/equipment and services being proposed over the largest possible geographic area and to the largest possible cross-section of NJPA current and potential Members. 3.23.2 Vendor use of sub-contractors in sourcing or delivering equipment/product/services: NJPA desires a single source of responsibility for equipment/products and services proposed. Proposers are assumed to have sub-contractor relationships with all organizations and individuals whom are external to the Proposer and are involved in providing or delivering the equipment/products/services being proposed. Vendor assumes all responsibility for the equipment/products/services and actions of any such Sub-Contractor. Suggested Solutions Options include: 3.23.3 Multiple solutions to the needs of NJPA and NJPA Members are possible. Examples could include: 3.23.3.1 Equipment/Products Only Solution: Equipment/Products Only Solution may be appropriate for situations where NJPA or NJPA Members possess the ability, either in- house or through local third party contractors, to properly install and bring to operation those equipment/products being proposed. 3.23.3.2 Turn-Key Solutions: A Turn-Key Solution is a combination of equipment/products and services that provides a single price for equipment/products, delivery, and installation to a properly operating status. Generally this is the most desirable solution because NJPA and NJPA Members may not possess, or desire to engage, personnel with the necessary expertise to complete these tasks internally or through other independent contractors 3.23.3.3 Good, Better, Best: Where appropriate and properly identified, Proposers may offer the choice “of good, better, best” multiple-grade solutions to meet NJPA Members’ needs. 9 3.23.3.4 Proven – Accepted – Leading-Edge Technology: Where appropriate and properly identified, Proposers may provide a spectrum of technology solutions to complement or enhance the proposed solutions to meet NJPA Members’ needs. 3.23.4 If applicable, Contracts will be awarded to Proposer(s) able to deliver a proposal meeting the entire needs of NJPA and its Members within the scope of this RFP. NJPA prefers Proposers submit their complete product line of products and services described in the scope of this RFP. NJPA reserves the right to reject individual, or groupings of specific equipment/products and services proposals as a part of the award. 3.24 Geographic Area to be Proposed: This RFP invites proposals to provide PUBLIC UTILITY EQUIPMENT WITH RELATED ACCESSORIES AND SUPPLIES to NJPA and NJPA Members throughout the entire United States and possibly internationally. Proposers will be expected to express willingness to explore service to NJPA Members located abroad; however the lack of ability to serve Members outside of the United States will not be cause for non-award. The ability and willingness to serve Canada, for instance, will be viewed as a value-added attribute. 3.25 Contract Term: At NJPA’s option, a Contract resulting from this RFP will become effective either on the date awarded by the NJPA Board of Directors or on the day following the expiration date of an existing NJPA procurement contract for the same or similar product/equipment and services. 3.25.1 NJPA is seeking a Contract base term of four years as allowed by Minnesota Contracting Law. Full term is expected. However, one additional one-year renewal/extension may be offered by NJPA to Vendor beyond the original four year term if NJPA deems such action to be in the best interests of NJPA and its Members. NJPA reserves the right to conduct periodic business reviews throughout the term of the contract. 3.26 Minimum Contract Value: NJPA anticipates considerable activity resulting from this RFP and subsequent award; however, no commitment of any kind is made concerning actual quantities to be acquired. NJPA does not guarantee usage. Usage will depend on the actual needs of the NJPA Members and the value of the awarded contract. 3.27 [This section is intentionally blank.] 3.28 Contract Availability: This Contract must be available to all current and potential NJPA Members who choose to utilize this NJPA Contract to include all governmental and public agencies, public and private primary and secondary education agencies, and all non-profit organizations nationally. 3.28.1 With respect to Members within the Commonwealth of Virginia, this RFP is intended to be a “joint procurement agreement” as described in Vir. Code § 2.2-4304(A), and those Virginia Members identified in Appendix C must be allowed to use this Contract as a Joint Purchaser. 3.29 Proposer’s Commitment Period: In order to allow NJPA the opportunity to evaluate each proposal thoroughly, NJPA requires any response to this solicitation be valid and irrevocable for ninety (90) days after the date proposals are opened. F. EXPECTATIONS FOR EQUIPMENT/PRODUCTS AND SERVICES BEING PROPOSED 3.30 Industry Standards: Except as contained herein, the specifications or solutions for this RFP shall be those accepted guidelines set forth by the PUBLIC UTILITY EQUIPMENT WITH RELATED ACCESSORIES AND SUPPLIES industry, as they are generally understood and accepted within that industry across the nation. Submitted products/equipment, related services and accessories, and their warranties and assurances are required to meet and/or exceed all current, traditional and anticipated standards, needs, expectations, and requirements of NJPA and its Members. 10 3.30.1 Deviations from industry standards must be identified by the Proposer and explained how, in their opinion, the equipment/products and services they propose will render equivalent functionality, coverage, performance, and/or related services. Failure to detail all such deviations may comprise sufficient grounds for rejection of the entire proposal. 3.30.2 Technical Descriptions/Specifications. Excessive technical descriptions and specifications that unduly enlarge the proposal response may cause NJPA to reduce the evaluation points awarded on Form G. Proposers must supply sufficient information to: 3.30.2.1 demonstrate the Proposer’s knowledge of industry standards and Member agency needs and expectations; 3.30.2.2 Identify the equipment/products and services being proposed as applicable to the needs and expectations of NJPA Member agencies; and 3.30.2.3 differentiate equipment/products and services from other industry manufacturers and providers. 3.31 New Current Model Equipment/Products: Proposals submitted shall be for new, current model equipment/products and services with the exception of certain close-out products allowed to be offered on the Proposer’s “Hot List” described herein. 3.32 Compliance with laws and standards: All items supplied on this Contract shall comply with any current applicable safety or regulatory standards or codes. 3.33 Delivered and operational: Products/equipment offered herein are to be proposed based upon being delivered and operational at the NJPA Member’s site. Exceptions to “delivered and operational” must be clearly disclosed in the “Total Cost of Acquisition” section of the proposal. 3.34 Warranty: The Proposer warrants that all products, equipment, supplies, and services delivered under this Contract shall be covered by the industry standard or better warranty. All products and equipment should carry a minimum industry standard manufacturer’s warranty that includes materials and labor. The Proposer has the primary responsibility to submit product specific warranty as required and accepted by industry standards. Dealer/Distributors agree to assist the purchaser in reaching a solution in a dispute over warranty’s terms with the manufacturer. Any manufacturer’s warranty that is effective past the expiration of the warranty will be passed on to the NJPA member. Failure to submit a minimum warranty may result in non-award. 3.35 Additional Warrants: The Proposer warrants that all products/equipment and related services furnished hereunder will be free from liens and encumbrances; defects in design, materials, and workmanship; and will conform in all respects to the terms of this RFP including any specifications or standards. In addition, Proposer/Vendor warrants the products/equipment and related services are suitable for and will perform in accordance with the ordinary use for which they are intended. G. SOLUTIONS-BASED SOLICITATION 3.36 The NJPA solicitation and contract award process is not based on detailed specifications. Instead, this RFP is a “Solutions-Based Solicitation.” NJPA expects respondents to understand and anticipate the current and future needs of NJPA and its members—within the scope of this RFP—and to propose solutions that are commonly desired or required by law or industry standards. Proposal will be evaluated in part on your demonstrated ability to meet or exceed the needs and requirements of NJPA and our member agencies within the defined scope of this RFP. 11 3.37 While NJPA does not typically provide product and service specifications, the RFP may contain scope refinements and industry-specific questions. Where specific items are specified, those items should be considered the minimum required, which the proposal can exceed in order to meet Members’ needs. NJPA may award all of the respondent’s proposal or may limit the award to a subset of the proposal. 3 INSTRUCTIONS FOR PREPARING YOUR PROPOSAL A. INQUIRY PERIOD 4.1 The inquiry period begins on the date of first advertisement and continues until to the Deadline for Submission.” RFP packages will be distributed to potential Vendors during the inquiry period. B. PRE-PROPOSAL CONFERENCE 4.2 A pre-proposal conference will be held at the date and time specified in the timeline on page one of this RFP. Conference information will be sent to all potential Proposers, and attendance is optional. The purpose of this conference is to allow potential Proposers to ask questions regarding this RFP and NJPA’s competitive contracting process. Only answers issued in writing by NJPA to questions asked before or during the pre-proposal conference are binding on the parties to an awarded contract. C. IDENTIFICATION OF KEY PERSONNEL 4.3 Awarded Vendors will designate one senior staff member to represent the Vendor to NJPA. This contact person will correspond with members for technical assistance, questions, or concerns that may arise, including instructions regarding different contacts for different geographical areas or product lines. 4.4 These designated individuals should also act as the primary contact for marketing, sales, and any other area deemed essential by the Proposer and NJPA. D. PROPOSER’S EXCEPTIONS TO TERMS AND CONDITIONS 4.5 Any exceptions, deviations, or contingencies regarding this RFP that a Proposer requests must be documented on Form C, Exceptions To Proposal, Terms, Conditions And Solutions Request. 4.6 Exceptions, deviations or contingencies requested in the Proposer’s response, while possibly necessary in the view of the Proposer, may result in lower scoring or disqualification of a proposal. E. PROPOSAL FORMAT 4.7 All Proposers must examine the entire RFP package to seek clarification of any item or requirement that may not be clear and to check all responses for accuracy before submitting a proposal. 4.8 All proposals must be properly labeled and sent to “The National Joint Powers Alliance, 202 12th Street NE Staples, MN 56479.” 4.9 All proposals must be physically delivered to NJPA at the above address with all required hard copy documents and signature forms/pages inserted as loose pages at the front of the Vendor’s response. The proposal must include these items. 4.9.1 Hard copy original of completed, signed, and dated Forms C, D, F; hard copy of the signed signature-page only from Forms A and P from this RFP; 4.9.2 Signed hard copies of all addenda issued for the RFP; 12 4.9.3 Hard copy of Certificate of Insurance verifying the coverage identified in this RFP; and 4.9.4 A complete copy of your response on a flash drive (or other approved electronic means). The electronic copy must contain completed Forms A, B, C, D, F, and P, your statement of products and pricing (including apparent discount), and all appropriate attachments. In order to ensure that your full response is evaluated, you must provide an electronic version of any material that you provide in a hard copy format. As a public agency, NJPA’s proposals, responses, and awarded contracts are a matter of public record, except for such data that is classified as nonpublic. Accordingly, public data is available for review through a properly submitted public records request. To redact nonpublic information from your proposal (under Minnesota Statute §13.37), you must make your request within thirty (30) days of the contract award or non-award date. 4.10 All Proposal forms must be submitted in English and must be legible. All appropriate forms must be executed by an authorized signatory of the Proposer. Blue ink is preferred for signatures. 4.11 Proposal submissions should be submitted using the electronic forms provided. Proposers that use alternative documents are responsible for ensuring that the content is substantially similar to the NJPA form and that the document is readable by NJPA. 4.12 The Proposer must ensure that the proposal is in the physical possession of NJPA before the submission deadline. 4.12.1 Proposals must be submitted in a sealed envelope or box properly addressed to NJPA and prominently identifying the proposal number, proposal category name, the message “Hold for Proposal Opening,” and the deadline for proposal submission. NJPA is not responsible for untimely proposals. Proposals received by the deadline for proposal submission will be opened and the name of each Proposer and other appropriate information will be publicly read. 4.13 Proposers are responsible for checking directly with the NJPA website for any addendums to this RFP. Addendums to this RFP can change the terms and conditions of the RFP, including the proposal submission deadline. F. QUESTIONS AND ANSWERS ABOUT THIS RFP 4.14 Upon examination of this RFP document, Proposer should promptly notify NJPA of any ambiguity, inconsistency, or error they may discover. Interpretations, corrections, and changes to this RFP will be considered by NJPA through a written addendum. Interpretations, corrections, or changes that are made in any other manner are not binding, and Proposers must not rely on them. 4.15 Submit all questions about this RFP, in writing, referencing PUBLIC UTILITY EQUIPMENT WITH RELATED ACCESSORIES AND SUPPLIES to Chris Robinson at NJPA 202 12th Street NE, Staples, MN 56479 or to RFP@njpacoop.org. You may also call Chris Robinson at (218) 895-4168. NJPA urges potential Proposers to communicate all concerns well in advance of the submission deadline to avoid misunderstandings. Questions received within seven (7) days before the submission deadline generally cannot be answered. NJPA may, however, field purely procedural questions, questions about NJPA-issued addenda, or questions involving a Proposer withdrawing its response before the RFP submission deadline. 4.16 If NPJA deems that its answer to a question has a material impact on other potential Proposers or on the RFP itself, NJPA will create an addendum to this RFP. 4.17 If NJPA deems that its answer to a question merely clarifies the existing terms and conditions and does not have a material impact on other potential Proposers or the RFP itself, no further documentation of that question is required. 13 4.18 Addenda are written instruments issued by NJPA that modify or interpret the RFP. All addenda issued by NJPA become a part of the RFP. Addenda will be delivered to all Potential Proposers using the same method of delivery of the original RFP material. NJPA accepts no liability in connection with the delivery of any addenda. Copies of addenda will also be made available on the NJPA website at www.njpacoop.org (under “Current and Pending Solicitations”) and from the NJPA offices. All Proposers must acknowledge their receipt of all addenda in their proposal response. 4.19 Any amendment to a submitted proposal must be in writing and must be delivered to NJPA by the RFP submission deadline. 4.20 through 4.21 [These sections are intentionally blank.] G. MODIFICATION OR WITHDRAWAL OF A SUBMITTED PROPOSAL 4.22 A submitted proposal must not be modified, withdrawn, or cancelled by the Proposer for a period of ninety (90) days following the date proposals were opened. Before the deadline for submission of proposals, any proposal submitted may be modified or withdrawn by notice to the NJPA Procurement Manager. Such notice must be submitted in writing and must include the signature of the Proposer. The notice must be delivered to NJPA before the deadline for submission of proposals and must be so worded as not to reveal the content of the original proposal. The original proposal will not be physically returned to the potential Proposer until after the official proposal opening. Withdrawn proposals may be resubmitted up to the time designated for the receipt of the proposals if they fully conform with the proposal instructions. H. PROPOSAL OPENING PROCEDURE 4.23 Sealed and properly identified responses for this RFP entitled PUBLIC UTILITY EQUIPMENT WITH RELATED ACCESSORIES AND SUPPLIES will be received by Chris Robinson, Procurement Manager, at NJPA Offices, 202 12th Street NE, Staples, MN 56479 until the deadline identified on page one of this RFP. All Proposal responses must be submitted in a sealed package. The outside of the package must plainly identify PUBLIC UTILITY EQUIPMENT WITH RELATED ACCESSORIES AND SUPPLIES and the RFP number. To avoid premature opening, the Proposer must label the Proposal response properly. NJPA documents the receipt of proposals by immediately time- and date-stamping them. At the time of the public opening, the NJPA Director of Procurement or a representative from the NJPA Proposal Evaluation Committee will read the Proposer’s names aloud and will determine whether each submission has met Level-1 responsiveness. I. NJPA’S RIGHTS RESERVED 4.24 NJPA may exercise the following rights with regard to the RFP. 4.24.1 Reject any and all proposals received in response to this RFP; 4.24.2 Disqualify any Proposer whose conduct or proposal fails to conform to the requirements of this RFP; 4.24.3 Duplicate without limitation all materials submitted for purposes of RFP evaluation, and duplicate all public information in response to data requests regarding the proposal; 4.24.4 Consider and accept for evaluation a late modification of a proposal if 1) the proposal itself was submitted on time, 2) the modifications were requested by NJPA, and 3) the modifications make the terms of the proposal more favorable to NJPA or its members; 4.24.5 Waive any non-material deviations from the requirements and procedures of this RFP; 14 4.24.6 Extend the Contract, in increments determined by NJPA, not to exceed a total Contract term of five years; 4.24.7 Cancel the Request for Proposal at any time and for any reason with no cost or penalty to NJPA; 4.24.8 Correct or amend the RFP at any time with no cost or penalty to NJPA. If NJPA corrects or amends any segment of the RFP after submission of proposals and before the announcement of the awarded Vendor, all proposers will be afforded a reasonable opportunity to revise their proposals in order to accommodate the RFP amendment and the new submission dates. NJPA will not be liable for any errors in the RFP or other responses related to the RFP; and 4.24.9 Extend proposal due dates. 4 PRICING 5.1 NJPA requests that potential Proposers respond to this RFP only if they are able to offer a wide array of products and services at lower prices and with better value than what they would ordinarily offer to a single government agency, a school district, or a regional cooperative. 5.2 This RFP requests pricing for an indefinite quantity of products or related services with potential national sales distribution and service. While most RFP categories represent significant sales opportunities, NJPA makes no guarantees about the quantity of products or services that members will purchase. The estimated annual value of this contract is $65 Million. Vendors are expected to anticipate additional volume through potential government, educational, and not- for-profit agencies that would find value in a national contract awarded by NJPA. 5.3 Regardless of the payment method selected by NJPA or an NJPA member, the total cost associated with any purchase option of the products and services must always be disclosed in the proposal and at the time of purchase. 5.4 All proposers must submit “Primary Pricing” in the form of either “Line-Item Pricing,” or “Percentage Discount from Catalog Pricing,” or a combination of these pricing strategies. Proposers are also encouraged to offer optional pricing strategies such as “Hot List,” “Sourced Products,” and “Volume Discounts,” as well as financing options such as leasing. All pricing documents should include a clear effective date. A. LINE-ITEM PRICING 5.5 Line-item pricing is a pricing format in which individual products or services are offered at specific Contract prices. Products or services are individually priced and described by characteristics such as manufacture name, stock or part number, size, or functionality. This method of pricing may offer the least amount of confusion, but Proposers with a large number of items may find this method cumbersome. In these situations, a percentage discount from catalog or category pricing model may make more sense and may increase the clarity of the contract pricing format. 5.6 All line-item pricing items must be numbered, organized, sectioned (including SKUs, when applicable), and prepared to be easily understood by the Evaluation Committee and members. 5.7 Submit Line-Item Pricing items in an Excel spreadsheet format and include all appropriate identification information necessary to discern the line item from other line items in each Responder’s proposal. 5.8 Line-item pricing must be submitted to NJPA in a searchable spreadsheet format (e.g., Microsoft® Excel®) in order to facilitate quickly finding any particular item of interest. For that reason, Proposers are responsible for providing the appropriate product and service identification information along with the pricing information that is typically found on an invoice or price quote for such product or services. 15 5.9 All products or services typically appearing on an invoice or price quote must be individually priced and identified on the line-item price sheet, including any and all ancillary costs. 5.10 Proposers should provide both a published “List Price” as well as a “Proposed Contract Price” in their pricing matrix. Published List Price will be the standard “quantity of one” price currently available to government and educational customers, excluding cooperative and volume discounts. B. PERCENTAGE DISCOUNT FROM CATALOG OR CATEGORY 5.11 This pricing model involves a specific percentage discount from a catalog or list price, defined as a published Manufacturer’s Suggested Retail Price (MSRP) for the products or services being proposed. 5.12 Individualized percentage discounts can be applied to any number of defined product groupings. 5.13 A percentage discount from MSRP may be applied to all elements identified in MSRP, including all manufacturer options applicable to the products or services. 5.14 When a Proposer elects to use “Percentage Discount from Catalog or Category,” Proposer will be responsible for providing and maintaining current published MSRP with NJPA, and this pricing must be included in its proposal and provided throughout the term of any Contract resulting from this RFP. C. COST PLUS A PERCENTAGE OF COST 5.15 “Cost plus a percentage of cost” as a primary pricing mechanism is not desirable. It is, however, acceptable for pricing sourced goods or services. D. HOT LIST PRICING 5.16 Where applicable, a Vendor may opt to offer a specific selection of products or services, defined as “Hot List” pricing, at greater discounts than those listed in the standard Contract pricing. All product and service pricing, including the Hot List Pricing, must be submitted electronically in a format that is acceptable to NJPA. Hot List pricing must be submitted in a line-item format. Products and services may be added or removed from the Hot List at any time through an NJPA Price and Product Change Form. 5.17 Hot List program and pricing may also be used to discount and liquidate close-out and discontinued products and services as long as those close-out and discontinued items are clearly labeled as such. Current ordering process and administrative fees apply. This option must be published and made available to all NJPA Members. E. CEILING PRICE 5.18 Proposal pricing is to be established as a ceiling price. At no time may the proposed products or services be offered under this Contract at prices above this ceiling price without a specific request and approval by NJPA. Contract prices may be reduced at any time, for example, to reflect volume discounts or to meet the needs of an NJPA Member. 5.19 [This section is intentionally blank.] F. VOLUME PRICE DISCOUNTS / ADDITIONAL QUANTITIES 5.20 through 5.23 [These sections are intentionally blank.] G. TOTAL COST OF ACQUISITION 16 5.24 The Total Cost of Acquisition for the equipment/products and related services being proposed, including those payable by NJPA Members to either the Proposer or a third party, is the cost of the proposed equipment/products product/equipment and related services delivered and operational for its intended purpose in the end-user’s location. For example, if you are proposing equipment/products FOB Proposer’s dock, your proposal should reflect that the contract pricing does not provide for delivery beyond Proposer’s dock, nor any set-up activities or costs associated with those delivery or set-up activities. Any additional costs for delivery and set-up should be clearly disclosed. In contrast, a proposal could state that there are no additional costs of acquisition if the product is delivered to and operational at the end-user’s location. H. SOURCED GOOD or OPEN MARKET ITEM 5.25 A Sourced Good or an Open Market Item is a product that a member wants to buy under contract that is not currently available under the Vendor’s NJPA contract. This method of procurement can be satisfied through a contract sourcing process. Sourcing options serve to provide a more complete contract solution to meet our members’ needs. Sourced items are generally deemed incidental to the total transaction or purchase of contract items. 5.26 NJPA or NJPA Members may request products, equipment, and related services that are within the related scope of this RFP, even if they are not included in an awarded Vendor’s line-item price list or catalog. These items are known as Sourced Goods or Open Market Items. 5.27 An awarded Vendor may source such items to the extent that the items are identified as “Sourced Products/Equipment” or “Open Market Items” on any quotation issued in reference to an NJPA awarded contract, and that this information is provided to either NJPA or an NJPA Member. NJPA is not responsible for determining whether a Sourced Good is an incidental portion of the overall purchase or whether a Member is able to consider a Sourced Good a purchase under an NJPA contract. 5.28 “Cost plus a percentage” pricing is an acceptable option in pricing of Sourced Goods. I. PRODUCT & PRICE CHANGES 5.29 Awarded Vendors may request product or service changes, additions, or deletions at any time throughout the contract term. All requests must be made in written format by completing the NJPA Price and Product Change Request Form (located at the end of this RFP and on the NJPA website), signed by an authorized Vendor representative. All changes are subject to review and approval by NJPA. Submit your requests through email to your assigned Contract Manager and to PandP@njpacoop.org. 5.30 NJPA will determine whether the request is both within the scope of the original RFP and in the best interests of NJPA and NJPA Members. Approved Price and Product Change Request Forms will be returned to the Vendor contact through email. 5.31 The Vendor must 1) complete this change request form and individually list or attach all items subject to change, 2) provide a sufficiently detailed explanation and documentation for the change, and 3) include a compete restatement of pricing document in appropriate format (preferably Excel). The pricing document must identify all products and services being offered and must conform to the following NJPA product and price change naming convention: (Vendor Name) (NJPA Contract #) (effective pricing date); for example, “COMPANY 012411-CPY effective 02-12-2016.” 5.32 The new pricing restatement must include all products and services offered, even for those items whose pricing remains unchanged, and must include a new effective date on the pricing documents. This requirement reduces confusion by providing a single, current pricing sheet for each vendor and creates a historical record of pricing. 5.33 ADDITIONS. New products and related services may be added to a Contract resulting from this RFP at any time during that Contract term to the extent that those products and related services are within the 17 scope of this RFP. Allowable new products and related services generally include updated models of products and enhanced services that reflect new technology and improved functionality. 5.34 DELETIONS. New products and related services may be deleted from a contract if an item is no longer available. 5.35 PRICE CHANGES. A Vendor may request pricing changes by providing reasonable justification for the change. For example, a request for a 3% increase in a product line that relies heavily on petroleum products may be reasonable if the raw cost of required petroleum products has increased substantially. Conversely, a request for a 3% increase in prices based only on a 3% increase in a cost-of-living index may be considered unreasonable. Although NJPA is sensitive to the possibility of fluctuations in raw material costs, prospective Vendors should make every reasonable attempt to account for normal cost changes by proposing pricing that will be effective throughout the duration of the four-year Contract. 5.35.1 Price decreases: NJPA expects Vendors to propose their very best prices and anticipates price reductions that are due to advancement in technology and marketplace efficiencies. 5.35.2 Price increases: A Vendor must include reasonable documentation for price-increase requests, along with both current and proposed pricing. Appropriate documentation should be attached to the Price and Product Change Request Form, including letters from suppliers announcing price increases. Price increases must not exceed the industry standard. 5.36 through 5.37 [These sections are intentionally blank.] 5.38 Proposers representing multiple manufacturers, or carrying multiple related product lines may also request the addition of new manufacturers or product lines to their Contract to the extent they remain within the scope of this RFP. 5.39 through 5.43 [These sections are intentionally blank.] K. SALES TAX 5.44 Sales and other taxes should not be included in the prices quoted. The Vendor will charge state and local sales and other applicable taxes on items for which a valid tax-exemption certification has not been provided. Each NJPA Member is responsible for providing verification of tax-exempt status to the Vendor. When ordering, NJPA Members must indicate that they are tax-exempt entities. Except as set forth herein, no party is responsible for taxes imposed on another party as a result of or arising from the transactions under a Contract resulting from this RFP. L. SHIPPING 5.45 Shipping costs can constitute a significant portion of the overall cost of procurement. Consequently, significant weight will be given to the quality of a prospective Vendor’s shipping program. Shipping charges should reasonably reflect the actual cost of shipping. NJPA understands that Vendors may use other shipping cost methods for simplicity or for transparency. But to the extent that shipping costs are determined to disproportionately increase a Vendor’s profit, NJPA may reduce the points awarded in the “Pricing” criteria. 5.46 through 5.47 [These sections are intentionally blank.] 5.48 All shipping and restocking fees must be identified in the price program. Certain industries providing made-to-order products may not allow returns. Proposals will be evaluated not only on the actual costs of shipping, but on the relative flexibility extended to NJPA Members relating to restocking fees, shipping errors, customized shipping requirements, the process for rejecting damaged or delayed shipments, and similar subjects. 18 5.49 through 5.50 [These sections are intentionally blank.] 5.51 Delivered products must be properly packaged. Damaged products may be rejected. If the damage is not readily apparent at the time of delivery, the Vendor must permit the products to be returned within a reasonable time at no cost to NJPA or NJPA Member. NJPA and NJPA Members reserve the right to inspect the products at a reasonable time subsequent to delivery where circumstances or conditions prevent effective inspection of the products at the time of delivery. 5.52 The Vendor must deliver Contract-conforming products in each shipment and may not substitute products without the express approval from NJPA or the NJPA Member. 5.53 NJPA reserves the right to declare a breach of Contract if the Vendor intentionally delivers substandard or inferior products that are not under Contract and described in its paper or electronic price lists or sourced upon request of any Member under this Contract. In the event of the delivery of nonconforming products, the NJPA Member will notify the Vendor as soon as possible and the Vendor will replace nonconforming products with conforming products that are acceptable to the NJPA member. 5.54 Throughout the term of the Contract, Proposer agrees to pay for return shipment on products that arrive in a defective or inoperable condition. Proposer must arrange for the return shipment of the damaged products. 5 EVALUATION OF PROPOSALS A. PROPOSAL EVALUATION PROCESS 6.1 The NJPA proposal evaluation committee will evaluate proposals received based on a 1,000 point evaluation system. The committee establishes both the evaluation criteria and designates the relative weight of each criterion by assigning possible scores for each category on Form G of this RFP. The committee may adjust the relative weight of the criteria for each RFP. (For example, if the “Warranty” criterion does not apply to a particular RFP, the points normally awarded under “Warranty” may be used to increase the number of potential points in another evaluation category or categories.) The “Pricing” criterion will contain at least a plurality of points for every RFP. 6.2 NJPA uses a scoring system that gives primary importance to “Pricing.” But pricing includes more than just the absolute lowest initial cost of purchasing, for example, a particular product. Other considerations include the total cost of the acquisition and whether the Proposer’s offering represents the best value. The evaluation committee may consider such factors as life-cycle costs, total cost of ownership, quality, and the suitability of an offering in meeting NJPA Members’ needs. Pricing points may be awarded based on pricing clarity and ease of use. NJPA may also award points based on whether a response contains exceptions, exclusions, or limitations of liabilities. 6.3 The NJPA Board of Directors will consider making awards to the selected Proposer(s) based on the recommendations of the proposal evaluation committee. To qualify for the final evaluation, a Proposer must have been deemed responsive as a result of the criteria set forth under “Proposer Responsiveness,” found just below. B. PROPOSER RESPONSIVENESS 6.4 All responses are evaluated for Level-One and Level-Two Responsiveness. If a response does not substantially conform to substantially all of the terms and conditions in the solicitation, or if it requires unreasonable exceptions, it may be considered nonresponsive. 19 6.5 All proposals must contain suitable responses to the questions in the proposal forms. The following requirements must be satisfied in order to meet Level-One Responsiveness, which is typically ascertained on the proposal opening date. If these standards are not met, your response may be disqualified as nonresponsive. 6.6 Level-One Responsiveness means that the response 6.6.1 is received before the deadline for submission or it will be returned unopened; 6.6.2 is properly addressed and identified as a sealed proposal with a specific RFP number and an opening date and time; 6.6.3 contains a pricing document (with apparent discounts) and all other forms fully completed, even if “not applicable” is the answer; 6.6.4 includes the original (hard copy) completed, dated, and signed RFP forms C, D, and F. In addition, the response must include the hard-copy signed signature page only from RFP Forms A and P and, if applicable, all signed addenda that have been issued in relation to this RFP; 6.6.5 contains an electronic (CD, flash drive, or other suitable) copy of the entire response; and 6.7 Level-Two Responsiveness (including whether the response is within the RFP’s scope) is determined while evaluating the remaining items listed under Proposal Evaluation Criteria below. These items are not arranged in order of importance. Each item draws from multiple questions, and a Proposer’s responses may affect scoring in multiple evaluation criteria. For example, the answers to Industry-Specific Questions may help determine scoring relative to a Proposer’s marketplace success, ability to sell and service nationwide, and financial strength. Any questions not answered without an explanation will likely result in a loss of points and may lead to a nonaward if the proposal evaluation committee cannot effectively review your response. C. PROPOSAL EVALUATION CRITERIA 6.8 Forms A and P include a series of questions that address the following categories: 6.8.1 Company Information and Financial Strength 6.8.2 Industry Requirements and Marketplace Success 6.8.3 Ability to Sell and Deliver Service Nationwide 6.8.4 Marketing Plan 6.8.5 Other Cooperative Procurement Contracts 6.8.6 Value-Added Attributes 6.8.7 Payment Terms and Financing Options 6.8.8 Warranty 6.8.9 Equipment/Products/Services 6.8.10 Pricing and Delivery 6.8.11 Industry-Specific Questions 6.9 [This section is intentionally blank.] D. OTHER CONSIDERATIONS 20 6.10 In evaluating RFP responses, NJPA has no obligation to consider information that is not provided in the Proposer’s response. NJPA may, however, consider additional information outside the Proposer’s response. This research may include such sources as the Proposer’s website, industry publications, listed references, and user interviews. 6.11 NJPA may organize RFP responses into separate classes or subcategories, depending on the range of responses. For example, NJPA might receive numerous submissions for “Widgets and Related Products and Services.” NJPA may organize these responses into subcategories, such as manufacturers of fully operational Widgets, manufacturers of component parts for Widgets, and providers of parts and service for Widgets. NJPA reserves the right to award Proposers in some or all of such subcategories without regard to the evaluation score given to Proposers in another subcategory. This specifically allows NJPA to award Vendors that might not have, for instance, the breadth of products of Proposers in another subcategory, but that nonetheless meet a substantial and articulated need of NJPA Members. 6.12 [This section is intentionally blank.] 6.13 NJPA reserves the right to request and test equipment/products and related services and to seek clarification from Proposers. Before the Contract award, the Proposer must furnish the requested information within three (3) days (or within another agreed-to time frame) or provide an explanation for the delay along with a requested time frame for providing the requested information. Proposers must make reasonable efforts to supply test products promptly. All Proposer products remain the property of the Proposer, and NJPA will return such products after the evaluation process. NJPA may make provisional contract awards, subject to a Proposer’s proper response to a request for information or products. 6.14 A Proposer’s past performance under previously awarded contracts to schools, governmental agencies, and not-for-profit entities is relevant in evaluating a Proposer’s current response. Past performance includes the Proposer’s record of conforming to published specifications and to standards of good workmanship, as well as the Proposer’s history for reasonable and cooperative behavior and for commitment to Member satisfaction. Incumbency as an awarded Vendor does not, by itself, merit positive consideration for a future Contract award. 6.15 NJPA reserves the right to reject any or all proposals. E. COST COMPARISON 6.16 NJPA may use a variety of evaluation methods, including cost comparisons of specific products. NJPA reserves the right to use this process when the proposal evaluation committee determines that this will help to make a final determination. 6.17 This direct cost comparison process will award points for being low to high Proposer for each cost evaluation item selected. A “Market Basket” of identical (or substantially similar) equipment/products and related services may be selected by the proposal evaluation committee, and the unit cost will be used as a basis for determining the point value. NJPA will select the “Market Basket” from all appropriate product categories as determined by NJPA. F. MARKETING PLAN 6.18 A Proposer’s marketing plan is a critical component of the RFP response. An awarded Vendor’s sales force will likely be the primary source of communication with NJPA Members and will directly affect the contract’s success. Marketing success depends on communicating the contract’s value, knowing the contract thoroughly, and communicating the proper use of contracted products and services to the end user. Much of the success and sales reward is a direct result of the commitment to the contract by the awarded Vendor’s sales teams. NJPA reserves the right to deem a Proposer Level-Two nonresponsive or not to award a contract based on an unacceptable or incomplete marketing plan. 21 6.19 NJPA marketing expectations include the following components. 6.19.1 An awarded Vendor must demonstrate the ability to deploy a national sales force or dealer network. The best RFP responses demonstrate the ability to sell, deliver, and service products through acceptable distribution channels to NJPA members in all 50 states. Proposers’ responses should fully demonstrate their sales and service capabilities, should outline their national sales force network (both numerically geographically), and should describe their method of distribution of the offered products and related services. Service may be independent of the product sales pricing, but NJPA encourages related services to be a part of Proposers’ response. Despite its preference for awarding contracts to Vendors that demonstrate nationwide sales and service, NJPA reserves the right to award contracts that meet specific Member needs locally or regionally. 6.19.2 Proposers are invited to demonstrate their ability to successfully market, promote, and communicate the benefits of an NJPA contract to current and potential Members nationwide. NJPA desires a marketing plan that communicates the value of the contract to as many Members as possible. 6.19.3 Proposers are expected to be receptive to NJPA trainings. Awarded Vendors must provide an appropriate training venue for both management and the sales force. NJPA commits to providing training on all aspects of communicating the value of the awarded contract, including the authority of NJPA to offer the contract to its Members, the value and utility the contract delivers to NJPA Members, the scope of NJPA Membership, the authority of Members to use NJPA procurement contracts, the preferred marketing and sales methods, and the successful use of specific business sector strategies. 6.19.4 Awarded Vendors are expected to demonstrate a commitment to fully embrace the NJPA contract. Proposers should identify both the appropriate levels of sales management and sales force that will need to understand the value of the NJPA contract, as well as the internal procedures needed to deliver the appropriate messaging to NJPA Members. NJPA will provide a general schedule and a variety of methods describing when and how those individuals should be trained. 6.19.5 Proposers should outline their proposed involvement in promoting an NJPA contract through applicable industry trade show exhibits and related customer meetings. Proposers are encouraged to consider participation with NJPA at NJPA-endorsed national trade shows. 6.19.6 Proposers must exhibit the willingness and ability to actively market and develop contract- specific marketing materials including the following items. 6.19.6.1 Complete Marketing Plan. Proposers must submit a marketing plan outlining how they will launch the NJPA contract to current and potential NJPA Members. NJPA requires awarded Vendors to embrace and actively promote the contract in cooperation with the NJPA. 6.19.6.2 Printed Marketing Materials. Awarded Vendors will produce and maintain full color print advertisements in camera-ready electronic format, including company logos and contact information to be used in the NJPA directory and other approved marketing publications. 6.19.6.3 Contract announcements and advertisements. Proposers should outline in the marketing plan their anticipated contract announcements, advertisements in industry periodicals, and other direct or indirect marketing activities promoting the awarded NJPA contract. 22 6.19.6.4 Proposer’s Website. Proposers should identify how an awarded Contract will be displayed and linked on the Proposer’s website. An online shopping experience for NJPA Members is desired whenever possible. 6.19.7 An NJPA Vendor contract launch will be scheduled during a reasonable time frame after the award and held at the NJPA office in Staples, MN unless the Vendor and NJPA agree to a different location. 6.20 Proposer shall identify their commitment to develop a sales/communication process to facilitate NJPA membership and establish status of current and potential agencies/members. Proposer should further express their commitment to capturing sufficient member information as is deemed necessary by NJPA. G. CERTIFICATE OF INSURANCE 6.21 Proposers must provide evidence of liability insurance coverage identified below in the form of a Certificate of Insurance (COI) or an ACORD binder form with their proposal. Upon an award issued under this RFP and before the execution of any commerce relating to such award, the awarded Vendor must provide verification, in the form of a Certificate of Insurance, identifying the coverage required below and identifying NJPA as a “Certificate Holder.” The Vendor must maintain such insurance coverage at its own expense throughout the term of any contract resulting from this solicitation. 6.22 Any exceptions or assumptions to the insurance requirements must be identified on Form C of this RFP. Exceptions and assumptions will be considered as part of the evaluation process. Any exceptions or assumptions that Proposers submit must be specific. If a Proposer does not include specific exceptions or assumptions when submitting the proposal, NJPA will typically not consider any additional exceptions or assumptions during the evaluation process. Upon contract award, the awarded Vendor must provide the Certificate of Insurance identifying the coverage as specified. 6.23 Insurance Liability Limits. The awarded Vendor must maintain, for the duration of its contract, $1.5 million in general liability insurance coverage or general liability insurance in conjunction with an umbrella for a total combined coverage of $1.5 million. Work on the Contract will not begin until after the awarded Vendor has submitted acceptable evidence of the required insurance coverage. Failure to maintain any required insurance coverage or an acceptable alternative method of insurance will be deemed a breach of contract. 6.23.1 Minimum Scope and Limits of Insurance. An awarded Vendor must provide coverage with limits of liability not less than those stated below. An excess liability policy or umbrella liability policy may b e used to meet the minimum liability requirements provided that the coverage is written on a “following form” basis. 6.23.1.1 Commercial General Liability—Occurrence Form Policy shall include bodily injury, property damage and broad form contractual liability and XCU coverage. 6.23.1.2 Each Occurrence $1,500,000 6.24 Insurance Requirements: The limits listed in this RFP are minimum requirements for this Contract and in no way limit any indemnity covenants contained in this Contract. NJPA does not warrant that the minimum limits contained herein are sufficient to protect the Vendor from liabilities that might arise out of the performance of the work under this Contract by the Vendor, its agents, representatives, employees, or subcontractors, and the Vendor is free to purchase additional insurance as may be determined necessary. 6.25 Acceptability of Insurers: Insurance is to be placed with insurers duly licensed or authorized to do business in the State of Minnesota and with an “A.M. Best” rating of not less than A- VII. NJPA does 23 not warrant that the above required minimum insurer rating is sufficient to protect the Vendor from potential insurer solvency. 6.26 Subcontractors: Vendors’ certificate(s) must include all subcontractors as additional insureds under its policies, or the Vendor must furnish to NJPA separate certificates for each subcontractor. All coverage for subcontractors are be subject to the minimum requirements identified above. H. ORDER PROCESS AND/OR FUNDS FLOW 6.27 NJPA Members typically issue a purchase order directly to a Vendor under a Contract resulting from this RFP. Alternatively, a separate contract may be created to facilitate acquiring products or services offered in response to this RFP. Nothing in this Contract restricts the Member and Vendor from agreeing to add terms or conditions to a purchase order or a separate contract provided that such terms or conditions must not be less favorable to NJPA’s Members. 6.28 [This section is intentionally blank.] I. ADMINISTRATIVE FEES 6.29 Vendors will pay to NJPA an administrative fee in exchange for NJPA facilitating this Contract with its current and potential Members. NJPA may grant a conditional contract award to a Proposer if the proposed administrative fee is unclear, inadequate, or unduly burdensome for NJPA to administer. Sales under this Contract should not be processed until the parties resolve the administrative fee issue. 6.29.1 The administrative fee is typically calculated as a percentage of the dollar volume of all products and services by NJPA Members under this Contract, including anything represented to NJPA Members as falling under this Contract. 6.29.2 The administrative fee is included in, and not added to, the pricing included in Proposer’s response to the RFP. Awarded Vendors must not charge NJPA Members more that permitted in the then current price list in order to offset the administrative fee. 6.29.3 The administrative fee is designed to cover the costs of NJPA’s involvement in contract management, facilitating marketing efforts, Vendor training, and any order processing tasks relating to the Contract. Administrative fees may also be used for other purposes as allowed by Minnesota law. 6.29.4 The typical administrative fee under this Contract is two percent (2%). While NJPA does not dictate the particular fee percentage, we require that the Proposer articulate a specific fee in its response. For example, merely stating that “we agree to pay an administrative fee” is considered nonresponsive. NPJA acknowledges that the administrative fee percentage may differ between vendors, industries, and responses. 6.29.5 NJPA awarded Vendors are responsible for paying the administrative fee at least quarterly and for generating all related reporting. Vendors agree to cooperate with NJPA in auditing these reports to ensure that the administrative fee is paid on all items purchased under the Contract. 6.30 through 6.32 [This section is intentionally blank.] J. VALUE–ADDED ATTRIBUTES 6.33 Desirability of Value-Added Attributes: Value-added attributes in an RFP response will be given positive consideration in NJPA’s evaluation process. Such attributes may increase the benefit of a product or service by improving functionality, performance, maintenance, manufacturing, delivery, energy efficiency, ordering, or other items while remaining within the scope of this RFP. 24 6.34 Women and Minority Business Enterprise (WMBE), Small Business, and Other Favored Businesses: Some NJPA Members give formal preference to certain types of vendors or contractors. Proposers should document WMBE (or other) status for both their organization and for any affiliates (e.g., supplier networks) involved in fulfilling the terms of this RFP. The ability of a Proposer to provide preferred business entity “credits” to NJPA and NJPA Members under a Contract will be evaluated positively by NJPA and reflected in the “value added” area of the evaluation. 6.35 Environmentally Preferred Purchasing Opportunities: Many NJPA Members consider the environmental impact of the products and services they purchase. “Green” characteristics demonstrated by Proposers will be evaluated positively by NJPA and reflected in the “value added” area of the evaluation. Please identify any green characteristics of any offering in your proposal and identify the sanctioning body determining that characteristic. Where appropriate, please indicate which products have been certified as green and by which certifying agency. 6.36 Online Requisitioning Systems: When applicable, online requisitioning systems will be viewed as a value-added characteristic. Proposers should demonstrate how their system makes online ordering easier for NJPA Members, including how Members could integrate their current e-Procurement or enterprise resource planning (ERP) systems into the Proposer’s ordering process. 6.37 Financing: The ability of the Proposer to provide financing solutions to Members for the products and services being proposed will be viewed as a value-added attribute. 6.38 Technology: Technological advances that appreciably improve the proposed products or services will be considered value-added attributes. K. WAIVER OF FORMALITIES 6.39 NJPA reserves the right to waive minor formalities (or to accept minor irregularities) in any proposal, when it determines that considering the proposal may be in the best interest of its Members. 7 POST-AWARD OPERATING ISSUES A. SUBSEQUENT AGREEMENTS 7.1 Purchase Order. Purchase orders for products and services may be executed between NJPA Members and the awarded Vendor (or Vendor’s sub-contractors) under this Contract. NJPA Members and Vendors must indicate on the face of such purchase orders that “This purchase order is issued under NJPA contract #XXXXXX” (insert the relevant contract number). Purchase order flow and procedure will be developed jointly between NJPA and an awarded Vendor after an award is made. 7.2 Governing Law. Purchase orders must be construed in accordance with, and governed by, the laws of a competent jurisdiction with respect to the Member. (See also Section 8.5 of this RFP.) All provisions required by law to be included in the purchase order should be read and enforced as if they were included. If through mistake or otherwise any such provision is not included, then upon application of either party the Contract shall be physically amended to make such inclusion or correction. The venue for any litigation arising out of disputes related to purchase order will be a court of competent jurisdiction with respect to the Member. 7.3 Additional Terms and Conditions. Additional terms and conditions to a purchase order may be proposed by NJPA, NJPA Members, or Vendors. Acceptance of these additional terms and conditions is optional to all parties to the purchase order. One purpose of these additional terms and conditions is to address job- or industry-specific requirements of law such as prevailing wage legislation. Additional terms and conditions may also include specific local policy requirements and standard business practices of the issuing Member or the Vendor. Such additional terms and conditions are not considered valid to the extent that they interfere with the general purpose, intent, or currently established terms and conditions contain in 25 this RFP document. For example, a Vendor and Member may agree to add a “net 30” payment requirement to the purchase order instead of applying a “net 10” requirement. But the added terms and conditions must not be less favorable to the Member unless NJPA, the Member, and the Vendor agree to a Contract amendment or similar modification. 7.4 Specialized Service Requirements. In the event that the NJPA Member desires service requirements or specialized performance requirements (such as e-commerce specifications, specialized delivery requirements, or other specifications and requirements) not addressed in the Contract resulting from this RFP, the NJPA Member and the Vendor may enter into a separate, standalone agreement, apart from a Contract resulting from this RFP. Any proposed service requirements or specialized performance requirements require pre-approval by the Vendor. Any separate agreement developed to address these specialized service or performance requirements is exclusively between the NJPA Member and Vendor. NJPA, its agents, and employees shall not be made a party to any claim for breach of such agreement. Product sourcing is not considered a service. NJPA Members will need to conduct procurements for any specialized services not identified as a part of or within the scope of the awarded Contract. 7.5 Performance Bond. At the request of the Member, a Vendor will provide all performance bonds typically and customarily required in their industry. These bonds will be issued pursuant to the requirements of purchase orders for products and services. If a purchase order is cancelled for lack of a required performance bond by the member agency, NJPA recommends that the current pending purchase order be canceled. Each Member has the final decision on purchase order continuation. Any performance bonding required by the Member, the Member’s state laws, or by local policy is to be mutually agreed upon and secured between the Vendor and the Member. 7.6 Asset Management Contracts: Asset Management-type Contracts can be initiated under a Contract resulting from this RFP at any time during the term of this Contract. Such a contract could involve, for example, picking up, storing, repairing, inventorying, salvaging, and delivery products falling within the scope of this Contract. The intention in using Asset Management Contracts is to promote the long-term efficiency of NJPA’s contracts by (among other things) extending the use and re-use of products. Asset Management Contracts cannot be created under this Contract unless they are executed within the authorized term of a Contract resulting from this RFP. The actual term of the Asset Management Contract may, however, extend beyond the expiration date of this Contract. B. NJPA MEMBER SIGN-UP PROCEDURE 7.7 Awarded Vendors are responsible for familiarizing their sales and service forces with the various forms of NJPA membership documentation and will encourage and assist potential Members in establishing membership with NJPA. NJPA membership is available at no cost, obligation, or liability to the Member or the Vendor. C. REPORTING OF SALES ACTIVITY 7.8 Awarded Vendors must report at least quarterly the total gross dollar volume of all products and services purchased by NJPA Members as it applies to this RFP and Contract. This report must include the name and address of the purchasing agency, Member number, amount of purchase, and a description of the items purchased. 7.8.1 Zero sales reports: Awarded Vendors must provide a quarterly Contract sales report regardless of the amount of sales. D. AUDITS 7.9 NJPA relies substantially on the reasonable auditing efforts of both Members and awarded Vendors to ensure that Members are obtaining the products, services, pricing, and other benefits under all NJPA contracts. Nonetheless, the Vendor must retain and make available to NJPA all order and invoicing 26 documentation related to purchases that Members make from the Vendor under the awarded Contract. NJPA must not request such information more than once per calendar year, and NJPA must make such requests in writing with at least fourteen (14) days’ notice. NJPA may employ an independent auditor at its own expense or conduct an audit on its own. In either event, the Vendor agrees to cooperate fully with NJPA or its agents in order to ensure compliance with this Contract. E. HUB PARTNER 7.10 Hub Partner: NJPA Members may request special services through a “Hub Partner” for the purpose of complying with a law, regulation, or rule that an NJPA Member deems to apply in its jurisdiction. Hub Partners may bring value to the proposed transactions through consultancy, through qualifying for disadvantaged business entity credits, or through other means. 7.11 Hub Partner Fees: NJPA Members are responsible for any transaction fees, costs, or expenses that arise under this Contract for special service provided by the Hub Partner. The fees, costs, or expenses levied by the Hub Vendor must be clearly itemized in the transaction documentation. To the extent that the Vendor stands in the chain of title during a transaction resulting from this RFP, the documentation must clearly indicate that the transaction is “Executed for the Benefit of [NJPA Member name].” F. TRADE-INS 7.12 The value in US Dollars for Trade-ins will be negotiated between NJPA or an NJPA Member, and an Awarded Vendor. That identified “Trade-In” value shall be viewed as a down payment and credited in full against the NJPA purchase price identified in a purchase order issued pursuant to any Awarded NJPA procurement contract. The full value of the trade-in will be consideration. G. OUT OF STOCK NOTIFICATION 7.13 The Vendor must immediately notify NJPA Members when they order an out-of-stock item. The Vendor must also tell the Member when the item will be available and whether there are equivalent substitutes. The Member must have the option of accepting the suggested substitute or canceling the item from the order. Under no circumstance may the Vendor make unauthorized substitutions. Unfilled or substituted items must be indicated on the packing list. H. CONTRACT TERMINATION FOR CAUSE AND WITHOUT CAUSE 7.14 NJPA reserves the right to cancel all or any part of this Contract if the Vendor fails to fulfill any material obligation, term, or condition as described in the following procedure. Before any such termination for cause, the NJPA will provide written notice to the Vendor, an opportunity to respond, and a reasonable opportunity to cure the breach. The following are some examples of material breaches. 7.14.1 The Vendor provides products or services that do not meet reasonable quality standards and that are not remedied under the warranty; 7.14.2 The Vendor fails to ship the products or to provide the services within a reasonable amount of time; 7.14.3 NJPA reasonably believes that the Vendor will not or cannot perform to the requirements or expectations of the Contract, NJPA issues a request for assurance, and the Vendor fails to respond; 7.14.4 The Vendor fails to fulfill any of the material terms and conditions of the Contract; 7.14.5 The Vendor fails to follow the established procedure for purchase orders, invoices, or receipt of funds as established by NJPA and the Vendor; 27 7.14.6 The Vendor fails to properly report quarterly sales; 7.14.7 The Vendor fails to actively market this Contract within the guidelines provided in this RFP and defined in the NJPA contract launch. 7.15 Upon receipt of the written notice of breach, the Vendor will have ten (10) business days to provide a satisfactory response to NJPA. If the Vendor fails to reasonably address all issues in the written notice, NJPA may terminate the Contract immediately. If NJPA allows the Vendor more time to remedy the breach, such forbearance does not limit NJPA’s authority to immediately terminate the Contract for continued breaches for which notice was given to the Vendor. Termination of the Contract for cause does not relieve either party of the financial, product, or service obligations incurred before the termination. 7.16 NJPA may terminate the Contract if the Vendor files for bankruptcy protection or is acquired by an independent third party. The Vendor must disclose to NJPA any litigation, bankruptcy, or suspensions/disbarments that occur during the Contract period. Failure to disclose such information authorizes NJPA to immediately terminate the Contract. 7.17 NJPA may terminate the Contract without cause by giving the Vendor sixty (60) days’ written notice of termination. Termination of the Contract without cause does not relieve either party of the financial, product, or service obligations incurred before the termination. 7.18 NJPA may immediately terminate any Contract without further obligation if any NJPA employee significantly involved in initiating, negotiating, securing, drafting, or creating the Contract on behalf of NJPA has colluded with any Proposer for personal gain. NJPA may also immediately cancel a Contract if it finds that gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the Vendor or any agent or representative of the Vendor, to any employee of NJPA. Such terminations are effective upon written notice from NJPA or at a later date designated in the notice. Termination of the Contract does not relieve either party of the financial, product, or service obligations incurred before the termination. 8 GENERAL TERMS AND CONDITIONS 8. ADVERTISING A CONTRACT RESULTING FROM THIS RFP 8.1 Proposer/Vendor must not advertise or publish information concerning this Contract before the award is announced by NJPA. Once the award is made, a Vendor is expected to advertise the awarded Contract to both current and potential NJPA Members. B. APPLICABLE LAW 8.2 [This section is intentionally blank.] 8.3 NJPA Compliance with Minnesota Procurement Law: NJPA has designed its procurement process to comply with best practices in the State of Minnesota. NJPA’s solicitation methods are also created to comply with many of the various requirements that our Members must satisfy in their own procurement processes. But these requirements may differ considerably and may change from time to time. So each NJPA Member must make its own determination whether NJPA’s solicitation process satisfies the procurement rules in the Member’s jurisdiction. 8.4 Governing law with respect to delivery and acceptance: All applicable portions of the Minnesota Uniform Commercial Code, all other applicable Minnesota laws, and the applicable laws and rules of delivery and inspection of the Federal Acquisition Regulations (FAR) laws will govern NJPA contracts resulting from this solicitation. 28 8.5 Jurisdiction: Any claims that arise against NJPA pertaining to this RFP, and any resulting contract that develops between NJPA and any other party, must be brought only in courts in Todd County in the State of Minnesota unless otherwise agreed to. 8.5.1 Purchase orders or other agreements created pursuant to a contract resulting from this solicitation must be construed in accordance with, and governed by, the laws of the issuing Member. Any claim arising from such a purchase order or agreement must be filed and venued in a court of competent jurisdiction of the Member unless otherwise agreed to. 8.6 through 8.7 [This section is intentionally blank.] 8.8 Indemnification: Each party is responsible for its own acts and is not responsible for the acts of the other party and the results thereof. NJPA’s liability is governed by the Minnesota Tort Claims Act (Minn. Stat. §3.736) and other applicable law. 8.9 Prevailing wage: The Vendor must comply with applicable prevailing wage legislation in effect in the jurisdiction of the NJPA Member. The Vendor must monitor the prevailing wage rates as established by the appropriate federal governmental entity during the term of this Contract and adjust wage rates accordingly. 8.10 Patent and copyright infringement: The Vendor agrees to indemnify and hold harmless NJPA and NJPA Members against any and all suits, claims, judgments, and costs instituted or recovered against the Vendor, NJPA, or NJPA Members by any person on account of the use or sale of any articles by NJPA or NJPA Members if the Vendor supplied such articles in violation of applicable patent or copyright laws. C. ASSIGNMENT OF CONTRACT 8.11 No right or interest in this Contract may be assigned or transferred by the Vendor without prior written permission by the NJPA. No delegation of any duty of the Vendor under this Contract may be made without prior written permission of the NJPA. NJPA will notify Members by posting approved assignments on the NJPA website (www.njpacoop.org). 8.12 If the original Vendor sells or transfers all assets or the entire portion of the assets used to perform this Contract, a successor-in-interest must perform all obligations under this Contract. NJPA reserves the right to reject the acquiring entity as a Vendor. A change of name agreement will not change the contractual obligations of the Vendor. D. LIST OF PROPOSERS 8.13 NJPA will not maintain a list of interested proposers, nor will it automatically send RFPs to them. All interested proposers must request the RFP as a result of NJPA’s national solicitation advertisements. Because of the wide scope of the potential Members and qualified national suppliers, NJPA has determined this to be the best method of fairly soliciting proposals. E. CAPTIONS, HEADINGS, AND ILLUSTRATIONS 8.14 The captions, illustrations, headings, and subheadings in this RFP are for convenience and ease of understanding and in no way define or limit the scope or intent of this request. F. DATA PRACTICES 8.15 All materials submitted in response to this RFP become NJPA’s property and become public records (under Minn. Stat. §13.591) after the evaluation process is completed. If the Proposer submits information in response to this RFP that it requests to be classified as nonpublic information (as defined by the 29 Minnesota Government Data Practices Act, Minn. Stat. §13.37), the Proposer must meet the following requirements. 8.15.1 The Proposer must make the request within thirty (30) days of the award/nonaward notification, and include the appropriate statutory justification. Pricing, marketing plans, and financial information is generally not redactable. The NJPA Legal Department will review the request to determine whether the information can be withheld or redacted. If NJPA determines that it must disclose the information upon a proper request for such information, NJPA will inform the Proposer of such determination. 8.15.2 The Proposer must defend any action seeking release of the materials that it believes to be nonpublic information, and it must indemnify and hold harmless NJPA, its agents, and employees, from any judgments or damages awarded against NJPA in favor of the party requesting the materials, and any and all costs connected with that defense. This indemnification survives the term of any contract awarded under this RFP. In submitting a response to this RFP, the Proposer agrees that this indemnification survives as long as NJPA possesses the confidential information. 8.16 [This section is intentionally blank.] G. ENTIRE AGREEMENT 8.17 This Contract, as defined herein, constitutes the entire agreement between the parties to this Contract. A Contract resulting from this RFP is formed when the NJPA Board of Directors approves and signs the applicable Contract Award & Acceptance document (Form E). H. FORCE MAJEURE 8.18 Except for payments of sums due, neither party is liable to the other nor deemed in default under this Contract if and to the extent that such party’s performance of this Contract is prevented due to force majeure. The term “force majeure” means an occurrence that is beyond the control of the party affected and occurs without its fault or negligence including, but not limited to, the following: acts of God, acts of the public enemy, war, riots, strikes, mobilization, labor disputes, civil disorders, fire, flood, snow, earthquakes, tornadoes or violent wind, tsunamis, wind shears, squalls, Chinooks, blizzards, hail storms, volcanic eruptions, meteor strikes, famine, sink holes, avalanches, lockouts, injunctions-intervention-acts, terrorist events or failures or refusals to act by government authority and/or other similar occurrences where such party is unable to prevent by exercising reasonable diligence. The force majeure is deemed to commence when the party declaring force majeure notifies the other party of the existence of the force majeure and is deemed to continue as long as the results or effects of the force majeure prevent the party from resuming performance in accordance with a Contract resulting from this RFP. Force majeure does not include late deliveries of products and services caused by congestion at a manufacturer’s plant or elsewhere, an oversold condition of the market, inefficiencies, or other similar occurrences. If either party is delayed at any time by force majeure, then the delayed party must (if possible) notify the other party of such delay within forty-eight (48) hours. 8.19 through 8.20 [These sections are intentionally blank.] I. LICENSES 8.21 The 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 NJPA and NJPA Members. 8.22 All responding Proposers must be licensed (where required) and must have the authority to sell and distribute the offered products and services to NJPA and NJPA Members. Documentation of the required licenses and authorities, if applicable, should be included in the Proposer’s response to this RFP. 30 J. MATERIAL SUPPLIERS AND SUB-CONTRACTORS 8.23 The awarded Vendor must supply the names and addresses of sourcing suppliers and sub-contractors as a part of the purchase order when requested by NJPA or an NJPA Member. K. NON-WAIVER OF RIGHTS 8.24 No failure of either party to exercise any power given to it hereunder, nor a failure to insist upon strict compliance by the other party with its obligations hereunder, nor a custom or practice of the parties at variance with the terms hereof, nor any payment under a Contract resulting from this RFP constitutes a waiver of either party’s right to demand exact compliance with the terms hereof. Failure by NJPA to take action or to assert any right hereunder does not constitute a waiver of such right. L. PROTESTS OF AWARDS MADE 8.25 And protests must be filed with NJPA’s Executive Director and must be resolved in accordance with appropriate Minnesota rules. Protests will only be accepted from Proposers. A protest of an award or nonaward must be filed in writing with NJPA within ten (10) calendar days after the public notice or announcement of the award or nonaward. A protest must include the following items. 8.25.1 The name, address, and telephone number of the protester; 8.25.2 The original signature of the protester or its representative (you must document the authority of the representative); 8.25.3 Identification of the solicitation by RFP number; 8.25.4 Identification of the statute or procedure that is alleged to have been violated; 8.25.5 A precise statement of the relevant facts; 8.25.6 Identification of the issues to be resolved; 8.25.7 The aggrieved party’s argument and supporting documentation; 8.25.8 The aggrieved party’s statement of potential financial damages; and 8.25.9 A protest bond in the name of NJPA and in the amount of 10% of the aggrieved party’s statement of potential financial damages. M. SUSPENSION OR DISBARMENT STATUS 8.26 If within the past five (5) years, any firm, business, person or Proposer responding to an NJPA solicitation has been lawfully terminated, suspended, or precluded from participating in any public procurement activity with a federal, state, or local government or education agency, the Proposer must include a letter with its response setting forth the name and address of the public procurement unit, the effective date of the suspension or debarment, the duration of the suspension or debarment, and the relevant circumstances relating to the suspension or debarment. Any failure to supply such a letter or to disclose pertinent information may result in the termination of a Contract. By signing the proposal affidavit, the Proposer certifies that no current suspension or debarment exists. N. AFFIRMATIVE ACTION AND IMMIGRATION STATUS CERTIFICATION 8.27 An Affirmative Action Plan, Certificate of Affirmative Action, or other documentation regarding Affirmative Action may be required by NJPA or NJPA Members relating to a transaction from this RFP. Vendors must comply with any such requirements or requests. 31 8.28 Immigration Status Certification may be required by NJPA or NJPA Members relating to a transaction from this RFP. Vendors must comply with any such requirements or requests. O. SEVERABILITY 8.29 In the event that any of the terms of a Contract resulting from this RFP are in conflict with any rule, law, or statutory provision, or are otherwise unenforceable under the laws or regulations of any government or subdivision thereof, such terms will be deemed stricken from the Contract, but such invalidity or unenforceability shall not invalidate any of the other terms of an awarded Contract resulting from this RFP. P. RELATIONSHIP OF PARTIES 8.30 No Contract resulting from this RFP may be considered a contract of employment. The relationship between NJPA and an awarded Vendor is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. The parties neither intend the proposed Contract to create, nor is to be construed as creating, a partnership, joint venture, master-servant, principal-agent, or any other, relationship. Except as provided elsewhere in this RFP, neither party may be held liable for acts of omission or commission of the other party and neither party is authorized or has the power to obligate the other party by contract, agreement, warranty, representation, or otherwise in any manner whatsoever except as may be expressly provided herein. 9 FORMS [THE REST OF THIS PAGE HAS BEEN LEFT INTENTIONALLY BLANK.] 32 Form A PROPOSER QUESTIONNAIRE- General Business Information (Products, Pricing, Sector Specific, Services, Terms and Warranty are addressed on Form P) Proposer Name: ____________________________Questionnaire completed by: ________________________________ Please identify the person NJPA should correspond with from now through the Award process: Name: _____________________________________ E-Mail address: _______________________________________ Please answer the questions below using the Microsoft Word® version of this document. This allows NJPA evaluators to cut and paste your answers into a separate worksheet. Place your answer directly below each question. NJPA prefers a brief but thorough response to each question. Please do not merely attach additional documents to your response without also providing a substantive response. Do not leave answers blank; mark “NA” if the question does not apply to you (preferably with an explanation). Please create a response that is easy to read and understand. For example, you may consider using a different font and color to distinguish your answer from the questions. Company Information & Financial Strength 1) Provide the full legal name, mailing and email addresses, tax identification number, and telephone number for your business. 2) Provide a brief history of your company, including your company’s core values, business philosophy, and longevity in the PUBLIC UTILITY EQUIPMENT WITH RELATED ACCESSORIES AND SUPPLIES industry. 3) Provide a detailed description of the products and services that you are offering in your proposal. 4) What are your company’s expectations in the event of an award? 5) 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. 6) What is your US market share for the solutions that you are proposing? What is your Canadian market share, if any? 7) Has your business ever petitioned for bankruptcy protection? Please explain in detail. 8) How is your organization best described: is it a manufacturer, a distributor/dealer/reseller, or a service provider? Answer whichever question (either a) or b) just below) best applies to your organization. a) If your company is best described as a distributor/dealer/reseller (or similar entity), please provide your written authorization to act as a distributor/dealer/reseller for the manufacturer of the products proposed in this RFP. If applicable, is your dealer network independent or company owned? b) If your company is best described as a manufacturer or service provider, please describe your relationship with your sales and service force and with your dealer network in delivering the products and services proposed in this RFP. Are these individuals your employees, or the employees of a third party? 9) 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. 10) Provide all “Suspension or Disbarment” information that has applied to your organization during the past ten years. 11) Within this RFP category there may be subcategories of solutions. List subcategory titles that best describe your products and services. 33 Industry Recognition & Marketplace Success 12) Describe any relevant industry awards or recognition that your company has received in the past five years. 13) Supply three references/testimonials from your customers who are eligible for NJPA membership. At a minimum, please include the entity’s name, contact person, and phone number. 14) Provide a list of your top five governmental or educational customers (entity name is optional), including entity type, the state the entity is located in, scope of the projects, size of transactions, and dollar volumes from the past three years. 15) Indicate separately what percentages of your sales are to the government and education sectors in the past three years? 16) 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? 17) List any GSA contracts that you hold. What is the annual sales volume for each of these contracts over the past three years? Proposer’s Ability to Sell and Deliver Service Nationwide 18) Describe your company’s capability to meet NJPA Member’s needs across the country. Your response should address at least the following areas. a) Sales force. b) Dealer network or other distribution methods. c) Service force. Please include details, such as the 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 employers (or employees of a third party), and any overlap between the sales and service functions. 19) Describe in detail the process and procedure of your customer service program, if applicable. Please include your response-time capabilities and commitments, as well as any incentives that help your providers meet your stated service goals or promises. 20) a) Identify any geographic areas of the United States that you will NOT be fully serving through the proposed contract. b) Identify any NJPA Member sectors (i.e., government, education, not-for-profit) that you will NOT be fully serving through the proposed contract. Please explain your answer. For example, does your company have only a regional presence, or do other cooperative purchasing contracts limit your ability to promote another contract? 21) Define any specific contract requirements or restrictions that would apply to our Members in Hawaii and Alaska and in US Territories. Marketing Plan 22) If you are awarded a contract, how will you train your sales management, dealer network, and direct sales teams (whichever apply) to ensure maximum impact? Please include how you will communicate your NJPA pricing and other contract detail to your sales force nationally. 23) Describe your marketing strategy for promoting this contract opportunity. Please include representative samples of your marketing materials in electronic format. 24) Describe your use of technology and digital data (e.g., social media, metadata usage) to enhance marketing effectiveness. 34 25) In your view, what is NJPA’s role in promoting contracts arising out of this RFP? How will you integrate an NJPA- awarded contract into your sales process? 26) Are your products or services available through an e-procurement ordering process? If so, describe your e-procurement system and how governmental and educational customers have used it. Value-Added Attributes 27) Describe any product, equipment, maintenance, or operator training programs that you offer to NJPA Members. Please include details, such as whether training is standard or optional, who provides training, and any costs that apply. 28) Describe any technological advances that your proposed products or services offer. 29) 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. 30) Describe any Women or Minority Business Entity (WMBE) or Small Business Entity (SBE) accreditations that your company or hub partners have obtained. 31) What unique attributes does your company, your products, or your services offer to NJPA Members? What makes your proposed solutions unique in your industry as it applies to NJPA members? 32) Identify your ability and willingness to provide your products and services to NJPA member agencies in Canada. NOTE: Questions regarding Payment Terms, Warranty, Products/Equipment/Services, Pricing and Delivery, and Industry Specific Items are addressed on Form P. Signature: __________________________________________________________ Date: ________________________ 35 Form B PROPOSER INFORMATION Company Name: _________________________________________________________________________ Address: ________________________________________________________________________________ City/State/Zip: ___________________________________________________________________________ Phone: _____________________________________ Fax: ____________________________________ Toll-Free Number: ___________________________ E-mail: __________________________________ Website Address: _______________________________________________________________________________ COMPANY PERSONNEL CONTACTS Authorized signer for your organization Name: _________________________________________________________________________________ Email: _________________________________________________Phone: ___________________________________ The person identified here must have proper signing authority to sign the “Proposer’s Assurance of Compliance” on behalf of the Proposer. Who prepared your RFP response? Name:__________________________________________________Title:______________________________________ Email: _________________________________________________Phone:_____________________________________ Who is your company’s primary contact person for this proposal? Name: _________________________________________Title:______________________________________ Email: _________________________________________Phone:_____________________________________ Other important contact information Name: _________________________________________Title:______________________________________ Email: _________________________________________Phone:_____________________________________ Name: _________________________________________Title:______________________________________ Email: _________________________________________Phone:_____________________________________ 36 Form C EXCEPTIONS TO PROPOSAL, TERMS, CONDITIONS, AND SOLUTIONS REQUEST Company Name: _____________________________________________________________________________ Any exceptions to the terms, conditions, specifications, or proposal forms contained in this RFP must be noted in writing and included with the Proposer’s response. The Proposer acknowledges that the exceptions listed may or may not be accepted by NJPA or included in the final contract. NJPA will make reasonable efforts to accommodate the listed exceptions and may clarify the exceptions in the appropriate section below. Section/page Term, Condition, or Specification Exception NJPA ACCEPTS Proposer’s Signature: ______________________________________________________ Date: ________________ NJPA’s clarification on exceptions listed above: 37 Contract Award RFP #012418 FORM D Formal Offering of Proposal (To be completed only by the Proposer) PUBLIC UTILITY EQUIPMENT WITH RELATED ACCESSORIES AND SUPPLIES In compliance with the Request for Proposal (RFP) for PUBLIC UTILITY EQUIPMENT WITH RELATED ACCESSORIES AND SUPPLIES, the undersigned warrants that the Proposer has examined this RFP and, being familiar with all of the instructions, terms and conditions, general and technical specifications, sales and service expectations, and any special terms, agrees to furnish the defined products and related services in full compliance with all terms and conditions of this RFP, any applicable amendments of this RFP, and all Proposer’s response documentation. The Proposer further understands that it accepts the full responsibility as the sole source of solutions proposed in this RFP response and that the Proposer accepts responsibility for any subcontractors used to fulfill this proposal. Company Name: _______________________________ Date: ___________________________________________ Company Address: _______________________________________________________________________________ City:_________________________________________ State: ____________ Zip: __________________________ CAGE Code/Duns & Bradstreet Number:____________________________ Contact Person: ________________________________ Title: ___________________________________________ Authorized Signature: ____________________________________________________________________________ (Name printed or typed) 38 Form E Contract Acceptance and Award (To be completed only by NJPA) NJPA #012418 ______________________________________________________ ___________________________________________________________________ Proposer’s full legal name Your proposal is hereby accepted, and a Contract is awarded. As an awarded Proposer, you are now bound to provide the defined products and services contained in your proposal offering according to all terms, conditions, and pricing set forth in this RFP, any amendments to this RFP, your response, and any exceptions accepted by NJPA. The effective start date of the Contract will be ___________________________, 20________ and continue until- _________________________ (no later than the later of four years from the expiration date of the currently awarded contract or four years from the NJPA Board’s contract award date). This contract may be extended for a fifth year at NJPA’s discretion. National Joint Powers Alliance® (NJPA) NJPA Authorized signature: ________________________________ _______________________________________ NJPA Executive Director (Name printed or typed) Awarded this _______ day of_________________________, 20___________ NJPA Contract Number #012418 NJPA Authorized signature: ________________________________ ________________________________________ NJPA Board Member (Name printed or typed) Executed this ______ day of __________________________, 20___________ NJPA Contract Number #012418 The Proposer hereby accepts this Contract award, including all accepted exceptions and NJPA clarifications. Vendor Name ____________________________________________ Vendor Authorized signature: _______________________________ __________________________________ (Name printed or typed) Title: _____________________________________________________________ Executed this _____________ day of ___________________, 20___________ NJPA Contract Number #012418 39 Form F PROPOSER ASSURANCE OF COMPLIANCE Proposal Affidavit Signature Page PROPOSER’S AFFIDAVIT The undersigned, authorized representative of the entity submitting the foregoing proposal (the “Proposer”), swears that the following statements are true to the best of his or her knowledge. 1. The Proposer is submitting its proposal under its true and correct name, the Proposer has been properly originated and legally exists in good standing in its state of residence, the Proposer possesses, or will possess before delivering any products and related services, all applicable licenses necessary for such delivery to NJPA members agencies. The undersigned affirms that he or she is authorized to act on behalf of, and to legally bind the Proposer to the terms in this Contract. 2. The Proposer, or any person representing the Proposer, has not directly or indirectly entered into any agreement or arrangement with any other vendor or supplier, any official or employee of NJPA, or any person, firm, or corporation under contract with NJPA, in an effort to influence the pricing, terms, or conditions relating to this RFP in any way that adversely affects the free and open competition for a Contract award under this RFP. 3. The Proposer has examined and understands the terms, conditions, scope, contract opportunity, specifications request, and other documents in this solicitation and affirms that any and all exceptions have been noted in writing and have been included with the Proposer’s RFP response. 4. The Proposer will, if awarded a Contract, provide to NJPA Members the /products and services in accordance with the terms, conditions, and scope of this RFP, with the Proposer-offered specifications, and with the other documents in this solicitation. 5. The Proposer agrees to deliver products and services through valid contracts, purchase orders, or means that are acceptable to NJPA Members. Unless otherwise agreed to, the Proposer must provide only new and first-quality products and related services to NJPA Members under an awarded Contract. 6. The Proposer will comply with all applicable provisions of federal, state, and local laws, regulations, rules, and orders. 7. The Proposer understands that NJPA will reject RFP proposals that are marked “confidential” (or “nonpublic,” etc.), either substantially or in their entirety. Under Minnesota Statute §13.591, Subd. 4, all proposals are considered nonpublic data until the evaluation is complete and a Contract is awarded. At that point, proposals generally become public data. Minnesota Statute §13.37 permits only certain narrowly defined data to be considered a “trade secret,” and thus nonpublic data under Minnesota’s Data Practices Act. 8. The Proposer understands that it is the Proposer’s duty to protect information that it considers nonpublic, and it agrees to defend and indemnify NJPA for reasonable measures that NJPA takes to uphold such a data designation. [The rest of this page has been left intentionally blank. Signature page below] 40 By signing below, Proposer is acknowledging that he or she has read, understands, and agrees to comply with the terms and conditions specified above. Company Name: Address: ____________________________________________________________________________________ City/State/Zip: _______________________________________________________________________________ Telephone Number: ______________________________________________________________ E-mail Address:______________________________________________________________________________ Authorized Signature: _________________________________________________________________________ Authorized Name (printed): ______________________________________________________________________ Title: _______________________________________________________________________________________ Date: _______________________________________________________________________________________ Notarized Subscribed and sworn to before me this ______________ day of ___________________, 20______________ Notary Public in and for the County of __________________________________________ State of __________ My commission expires: _______________________________________________________________________ Signature: __________________________________________________________________________________ 41 Form G OVERALL EVALUATION AND CRITERIA For the Proposed Subject PUBLIC UTILITY EQUIPMENT WITH RELATED ACCESSORIES AND SUPPLIES Conformance to RFP Terms and Conditions 50 Financial Viability and Marketplace Success 75 Ability to Sell and Deliver Service Nationwide 100 Marketing Plan 50 Value-Added Attributes 75 Warranty 50 Depth and Breadth of Offered Products and Related Services 200 Pricing 400 TOTAL POINTS 1000 Reviewed by: _________________________________________ Its_________________________________ _________________________________________Its_________________________________ 42 Form P PROPOSER QUESTIONNAIRE Payment Terms, Warranty, Products and Services, Pricing and Delivery, and Industry-Specific Questions Proposer Name: _________________________________________________________________________ Questionnaire completed by: ______________________________________________________________ Payment Terms and Financing Options 1) What are your payment terms (e.g., net 10, net 30)? 2) 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?. 3) Briefly describe your proposed order process. Please include enough detail to support your ability to report quarterly sales to NJPA. For example, indicate whether your dealer network is included in your response and whether each dealer (or some other entity) will process the NJPA Members’ purchase orders. 4) Do you accept the P-card procurement and payment process? If so, is there any additional cost to NJPA Members for using this process? Warranty 5) Describe in detail your manufacturer warranty program, including conditions and requirements to qualify, claims procedure, and overall structure. You may include in your response a copy of your warranties, but at a minimum please also answer the following questions. • Do your warranties cover all products, parts, and labor? • Do your warranties impose usage restrictions or other limitations that adversely affect coverage? • Do your warranties cover the expense of technicians’ travel time and mileage to perform warranty repairs? • Are there any geographic regions of the United States for which you cannot provide a certified technician to perform warranty repairs? How will NJPA Members in these regions be provided service for warranty repair? • 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? • What are your proposed exchange and return programs and policies? 6) Describe any service contract options for the items included in your proposal. Pricing, Delivery, Audits, and Administrative Fee 7) Provide a general narrative description of the equipment/products and related services you are offering in your proposal. 8) Describe your pricing model (e.g., line-item discounts or product-category discounts). Provide detailed pricing data (including standard or list pricing and the NJPA discounted price) on all of the items that you want NJPA to consider as part of your RFP response. Provide a SKU for each item in your proposal. (Keep in mind that reasonable price and product adjustments can be made during the term of an awarded Contract. See the body of the RFP and the Price and Product Change Request Form for more detail.) 43 9) Please quantify the discount range presented in this response. For example, indicate that the pricing in your response represents is a 50% percent discount from the MSRP or your published list. 10) The pricing offered in this proposal is ________a. the same as the Proposer typically offers to an individual municipality, university, or school district. ________b. the same as the Proposer typically offers to GPOs, cooperative procurement organizations, or state purchasing departments. _________c. better than the Proposer typically offers to GPOs, cooperative procurement organizations, or state purchasing departments. ________d. other than what the Proposer typically offers (please describe). 11) Describe any quantity or volume discounts or rebate programs that you offer. 12) 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. 13) Identify any total cost of acquisition costs that are NOT included in the pricing submitted with your response. This cost includes all additional charges that are not directly identified as freight or shipping charges. For example, list costs for items like installation, set up, mandatory training, or initial inspection. Identify any parties that impose such costs and their relationship to the Proposer. 14) If delivery or shipping is an additional cost to the NJPA Member, describe in detail the complete shipping and delivery program. 15) Specifically describe those shipping and delivery programs for Alaska, Hawaii, Canada, or any offshore delivery. 16) Describe any unique distribution and/or delivery methods or options offered in your proposal. 17) Please specifically describe any self-audit process or program that you plan to employ to verify compliance with your proposed Contract with NJPA. This process includes ensuring that NJPA 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 NJPA. 18) Identify a proposed administrative fee that you will pay to NJPA for facilitating, managing, and promoting the NJPA 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 RFP Section 6.29 and following for details.) Industry-Specific Questions 19) Describe how the equipment you propose in response to this RFP simplifies the operation for end-users. 20) Provide examples from your product offering that are not available from most competitors in this industry. 21) Explain how your equipment in this category reduces down-time on the job site. 22) Explain how your company has integrated technology into your equipment to provide efficiencies and analytics to save time and costs on the job. 23) How does your manufacturing process eliminate waste and non-value added options to keep price increases to a minimum? 44 24) Explain how your distributors are set up to provide service and support for equipment in this industry. 25) Identify how your products, services and supplies address the scope of this RFP. Signature: ___________________________________________________________Date: _______________________ 45 10 PRE-SUBMISSION CHECKLIST Check when Completed Contents of Your Bid Proposal Hard Copy Required Signed and Dated Electronic Copy Required - CD or Flash Drive Form A: Proposer Questionnaire with all questions answered completely X - signature page only X Form B: Proposer Information X Form C: Exceptions to Proposal, Terms, Conditions, and Solutions Request X X Form D: Formal Offering of Proposal X X Form E. Contract Acceptance and Award X Form F: Proposers Assurance of Compliance X X Form P: Proposer Questionnaire with all questions answered completely X-signature page only X Certificate of Insurance with $1.5 million coverage X X Copy of all RFP Addendums issued by NJPA X X Pricing for all Products/Equipment/Services within the RFP being proposed X Entire Proposal submittal including signed documents and forms.X All forms in the Hard Copy Required Signed and Dated should be inserted in the front of the submitted response, unbound. Package containing your proposal labeled and sealed with the following language: "Competitive Proposal Enclosed, Hold for Public Opening XX-XX-XXXX" Response Package mailed and delivered prior to deadline to: NJPA, 202 12th St NE, Staples, MN 56479 46 11 NJPA VENDOR PRICE AND PRODUCT CHANGE REQUEST FORM Section 1. Instructions for Vendor Requests for product or service changes, additions, or deletions will be considered at any time throughout the awarded contract term. All requests must be made in writing by completing sections 2, 3, and 4 of this NJPA Price and Product Change Request Form and signed by an authorized Vendor representative in section 5. All changes are subject to review by the NJPA Contracts & Compliance Manager and to approval by NJPA’s Chief Procurement Officer. Submit request through email to your assigned NJPA Contract Administrator. NJPA will determine whether the request is 1) within the scope of the original RFP, and 2) in the best interests of NJPA and NJPA Members. Approved Price and Product Change Request Forms will be signed and emailed to the Vendor contact. The Vendor must complete this change request form and individually list or attach all items or services subject to change, must provide sufficiently detailed explanation and documentation for the change, and must include a complete restatement of pricing documentation in an appropriate format (preferably Microsoft® Excel®). The pricing document must identify all products and services being offered and must conform to the following NJPA product/price change naming convention: (Vendor Name) (NJPA Contract #) (effective pricing date); for example, “Acme Widget Company #012416-AWC eff. 01-01-2017.” NOTE: New pricing restatements must include all products and services offered regardless of whether their prices have changed and must include a new “effective date” on the pricing documents. This requirement reduces confusion by providing a single, current pricing sheet for each Vendor and creates a historical record of pricing. ADDITIONS. New products and related services may be added to a contract if such additions are within the scope of the original RFP. DELETIONS. New products and related services may be deleted from a contract if, for example, they are no longer available or have been modified to a point where they are outside the scope of the RFP. PRICE CHANGES: Vendors may request price changes if they provide sufficient rationale for the change. For example, a Vendor that manufactures products that require substantial petroleum-related material might request a 3% price increase because of a 20% increase in petroleum costs. Price decreases: NJPA expects Vendors to propose their very best prices and anticipates that price reductions might occur because of improved technologies or marketplace efficiencies. Price increases: Acceptable price increases typically result from specific Vendor cost increases. The Vendor must include reasonable justification for the price increase and must not, for example, offer merely generalized statements about an increase in a cost-of-living index. Appropriate documentation should be attached to this form, including such items as letters from suppliers announcing price increases. Refer to the RFP for complete “Pricing” details. Section 2. Vendor Name and Type of Change Request CHECK ALL CHANGES THAT APPLY: AWARDED VENDOR NAME: ☐ Adding Products/Services vices ☐ Deleting Products/Services ☐ Price Increase NJPA CONTRACT NUMBER: ☐ Price Decrease 47 Section 3. Detailed Explanation of Need for Changes List the products and/or services that are changing or being added or deleted from the previous contract price list, along with the percentage change for each item or category. (Attach a separate, detailed document if changing more than 10 items.) Provide a general statement and documentation explaining the reasons for these price and/or product changes. EXAMPLES: 1) “All pricing for paper products and services are increased 5% because of increased raw material and transportation costs (see attached documentation of fuel and raw materials increase).” 2) “The 6400 series floor polisher is being added to the product list as a new model, replacing the 5400 series. The 6400 series 3% increase reflects technological changes that improve the polisher’s efficiency and useful life. The 5400 series is now included in the “Hot List” at a 20% discount from the previous pricing until the remaining inventory is liquidated.” If adding products, state how these are within the scope of the original RFP. If changing prices or adding products or services, state how the pricing is consistent with existing NJPA contract pricing. 48 Section 4. Complete Restatement of Pricing Submitted A COMPLETE restatement of the pricing, including all new and existing products and services is attached and has been emailed to the Vendor’s Contract Administrator. ☐ Yes ☐ No Section 5. Signatures __________________________________________________________ ________________________ Vendor Authorized Signature Date ____________________________________________ Print Name and Title of Authorized Signer __________________________________________________________ _________________________ Jeremy Schwartz, NJPA Director of Cooperative Contracts and Procurement/CPO Date 49 Appendix A NJPA The National Joint Powers Alliance® (NJPA), on behalf of NJPA and its current and potential Member agencies, which includes all governmental, higher education, K-12 education, not-for-profit, tribal governmental, and all other public agencies located in all fifty states, Canada, and internationally, issues this Request For Proposal (RFP) to result in a national contract solution. For your reference, the links below include some, but not all, of the entities included in this proposal. http://www.usa.gov/Agencies/Local_Government/Cities.shtml http://nces.ed.gov/globallocator/ https://harvester.census.gov/imls/search/index.asp http://nccsweb.urban.org/PubApps/search.php http://www.usa.gov/Government/Tribal-Sites/index.shtml http://www.usa.gov/Agencies/State-and-Territories.shtml http://www.nreca.coop/about-electric-cooperatives/member-directory/ Oregon Hawaii Washington Appendix B - Political Subdivision List for HI, ID, OR, SC, UT, WA Hawaii Idaho Oregon South Carolina Utah Washington County County County County County County Hawaii County Ada County Baker County Abbeville County Beaver County Adams County Kauai County Adams County Benton County Aiken County Box Elder County Asotin County Maui County Bannock County Central Oregon Intergovernmental Council Allendale County Cache County Benton County Municipality Bear Lake County Clackamas County Anderson County Carbon County Chelan County City and County of Honolulu Benewah County Clackamas County Service District No. 1 Bamberg County Daggett County Clallam County Higher Education Bingham County Clatsop County Barnwell County Davis County Clark County Hawaii Community College Blaine County Columbia County Beaufort County Duchesne County Columbia County Honolulu Community College Boise County Coos County Berkeley County Duchesne County Special Service District No. 2 Cowlitz County University of Hawaii Bonner County Crook County Calhoun County Emery County Douglas County University of Hawaii Research Corporation Bonneville County Curry County Catawba Regional Council of Governments Five County Association of Governments Ferry County Windward Community College Boundary County Deschutes County Central Midlands Council of Governments Garfield County Franklin County Education (K-12)Butte County Douglas County Charleston County Grand County Garfield County Hanalani Schools Camas County Gilliam County Cherokee County Iron County Grant County Kamehameha Schools Canyon County Grant County Chester County Juab County Grays Harbor County Special District Caribou County Harney County Chesterfield County Kane County Island County Hawaii Community Development Authority Cassia County Hood River County Clarendon County Millard County Jefferson County Hawaii Public Housing Authority Clark County Jackson County Colleton County Morgan County King County Hawaii Tourism Authority Clearwater County Jefferson County Darlington County Piute County King County Directors' Association Honolulu Authority for Rapid Transportation Custer County Josephine County Dillon County Rich County Kitsap County Natural Energy Laboratory of Hawaii Authority Elmore County Klamath County Dorchester County Salt Lake County Kittitas County State Franklin County Lake County Edgefield County San Juan County Klickitat County Hawaii Department of Accounting and General Services Fremont County Lane Council of Governments Fairfield County Sanpete County Lewis County Hawaii Department of Finance and Administration Gem County Lane County Florence County Sevier County Lincoln County Hawaii Department of Health Gooding County Lincoln County Georgetown County Summit County Mason County Hawaii Employer-Union Health Benefits Trust Fund Idaho County Linn County Greenville County Tooele County Okanogan County Hawaii Health Systems Corporation Jefferson County Malheur County Greenwood County Uintah County Pacific County State Of Hawaii Jerome County Marion County Hampton County Utah County Pend Oreille County Kootenai County Marion County Housing Authority Horry County Wasatch County Pierce County Latah County Morrow County Jasper County Washington County San Juan County Lemhi County Multnomah County Kershaw County Wayne County Skagit County Lewis County Polk County Lancaster County Weber County Skamania County Lincoln County Sherman County Laurens County Municipality Snohomish County Madison County Tillamook County Lee County Centerfield City Spokane County Minidoka County Umatilla County Lexington County City of Alpine City Stevens County Nez Perce County Union County Lower Savannah Council of Governments City of American Fork Thurston County Oneida County Wallowa County Marion County City of Aurora Thurston Regional Planning Council Owyhee County Wasco County Marlboro County City of Ballard Wahkiakum County Payette County Washington County McCormick County City of Beaver Walla Walla County Power County Wheeler County Newberry County City of Blanding Whatcom County Shoshone County Yamhill County Oconee County City of Bluffdale Whitman County Teton County Municipality Orangeburg County City of Bountiful Yakima County Twin Falls County City of Adair Village Pickens County City of Brigham Yakima County Public Services Valley County City of Adrian Richland County City of Castle Dale Yakima Valley Conference of Governments Washington County City of Albany Saluda County City of Cedar City Municipality Municipality City of Amity Spartanburg County City of Cedar Hills City of Aberdeen City of Aberdeen City of Arlington Sumter County City of Centerville City of Airway Heights City of Albion City of Ashland Union County City of Clearfield City of Algona City of American Falls City of Astoria Williamsburg County City of Clinton City of Anacortes City of Ammon City of Athena York County City of Coalville City of Arlington City of Arco City of Aumsville Municipality City of Colorado City City of Asotin City of Arimo City of Aurora City of Abbeville City of Corinne City City of Auburn City of Ashton City of Baker City City of Aiken City of Cottonwood Heights City of Bainbridge Island City of Athol City of Bandon City of Anderson City of Delta City of Battle Ground City of Atomic City City of Banks City of Barnwell City of Draper City of Bellevue City of Bancroft City of Bay City City of Beaufort City of Duchesne City of Bellingham City of Bellevue City of Beaverton City of Belton City of East Carbon City of Benton City City of Blackfoot City of Bend City of Bennettsville City of Elk Ridge City of Bingen City of Bliss City of Boardman City of Bishopville City of Elmo City of Black Diamond City of Bloomington City of Brookings City of Camden City of Enoch City of Blaine City of Boise City of Brownsville City of Cayce City of Enterprise City of Bonney Lake City of Bonners Ferry City of Burns City of Charleston City of Ephraim City of Bothell City of Bovill City of Canby City of Chesnee City of Escalante City of Bremerton City of Buhl City of Cannon Beach City of Chester City of Eureka City of Brewster City of Burley City of Canyonville City of Clemson City of Fairview City of Bridgeport City of Caldwell City of Carlton City of Clinton City of Farmington City of Brier City of Cambridge City of Cascade Locks City of Columbia City of Farr West City of Buckley City of Carey City of Cave Junction City of Conway City of Ferron City of Burien City of Cascade City of Central Point City of Darlington City of Fillmore City of Burlington City of Castleford City of Chiloquin City of Denmark City of Fountain Green City of Camas City of Challis City of Clatskanie City of Dillon City of Fruit Heights City of Carnation City of Chubbuck City of Coburg City of Easley City of Garland City of Cashmere City of Clayton City of Columbia City City of Florence City of Grantsville City of Castle Rock City of Clifton City of Condon City of Folly Beach City of Green River City of Centralia City of Coeur d'Alene City of Coos Bay City of Forest Acres City of Gunnison City of Chehalis City of Council City of Coquille City of Fountain Inn City of Harrisville City of Chelan City of Craigmont City of Cornelius City of Gaffney City of Heber City City of Cheney City of Crouch City of Corvallis City of Georgetown City of Helper City City of Chewelah City of Culdesac City of Cottage Grove City of Goose Creek City of Herriman City of Clarkston City of Dalton Gardens City of Cove City of Greenville City of Highland City of Cle Elum City of Dayton City of Creswell City of Greenwood City of Hildale City of Clyde Hill City of Deary City of Culver City of Greer City of Holladay City of Colfax City of Dietrich City of Dallas City of Hanahan City of Honeyville City of College Place City of Donnelly City of Damascus City of Hardeeville City of Hooper City of Colville Appendix B Page 1 of 14 Hawaii Idaho Oregon South Carolina Utah Washington City of Dover City of Dayton City of Hartsville City of Huntington City of Connell City of Downey City of Dayville City of Inman City of Hurricane City of Cosmopolis City of Driggs City of Depoe Bay City of Isle of Palms City of Hyde Park City of Covington City of Dubois City of Detroit City of Johnsonville City of Hyrum City of Davenport City of Eagle City of Donald City of Lake City City of Ivins City of Dayton City of Eden City of Drain City of Lancaster City of Kamas City of Deer Park City of Elk River City of Dundee City of Landrum City of Kanab City of Des Moines City of Emmett City of Dunes City City of Laurens City of Kaysville City of DuPont City of Fairfield City of Durham City of Liberty City of La Verkin City of Duvall City of Fernan Lake Village City of Eagle Point City of Loris City of Layton City of East Wenatchee City of Filer City of Echo City of Manning City of Lehi City of Edgewood City of Firth City of Elgin City of Marion City of Lewiston City of Edmonds City of Franklin City of Enterprise City of Mauldin City of Lindon City of Electric City City of Fruitland City of Estacada City of Mullins City of Logan City of Ellensburg City of Garden City City of Eugene City of Myrtle Beach City of Manti City of Elma City of Genesee City of Fairview City of New Ellenton City of Mapleton City of Entiat City of Georgetown City of Falls City City of Newberry City of Marriott-Slaterville City of Enumclaw City of Glenns Ferry City of Florence City of North Augusta City of Mendon City of Ephrata City of Gooding City of Forest Grove City of North Charleston City of Midvale City of Everett City of Grace City of Fossil City of North Myrtle Beach City of Midway City of Everson City of Grand View City of Garibaldi City of Orangeburg City of Milford City of Federal Way City of Grangeville City of Gaston City of Pickens City of Millville City of Ferndale City of Greenleaf City of Gates City of Rock Hill City of Moab City of Fife City of Hagerman City of Gearhart City of Seneca City of Mona City of Fircrest City of Hailey City of Gervais City of Simpsonville City of Monroe City of Forks City of Hansen City of Gladstone City of Spartanburg City of Monticello City of George City of Harrison City of Glendale City of Sumter City of Morgan City of Gig Harbor City of Hayden City of Gold Beach City of Tega Cay City of Moroni City of Gold Bar City of Hazelton City of Gold Hill City of Travelers Rest City of Mt. Pleasant City City of Goldendale City of Heyburn City of Grants Pass City of Union City of Murray City of Grand Coulee City of Hollister City of Greenhorn City of Walhalla City of Myton City of Grandview City of Homedale City of Gresham City of Walterboro City of Naples City of Granger City of Hope City of Haines City of Wellford City of Nephi City of Granite Falls City of Horseshoe Bend City of Halfway City of West Columbia City of Nibley City of Harrington City of Huetter City of Halsey City of Westminster City of North Logan City of Hoquiam City of Idaho City City of Happy Valley City of Woodruff City of North Ogden City of Ilwaco City of Idaho Falls City of Harrisburg City of York City of North Salt Lake City of Issaquah City of Inkom City of Helix Town of Allendale City of Oakley City of Kahlotus City of Island Park City of Heppner Town of Andrews City of Ogden City of Kalama City of Jerome City of Hermiston Town of Atlantic Beach City of Orangeville City of Kelso City of Juliaetta City of Hillsboro Town of Awendaw City of Orem City of Kenmore City of Kamiah City of Hines Town of Aynor City of Panguitch City of Kennewick City of Kellogg City of Hood River Town of Batesburg-Leesville City of Park City City of Kent City of Kendrick City of Hubbard Town of Bethune City of Parowan City of Kettle Falls City of Ketchum City of Huntington Town of Blacksburg City of Payson City of Kirkland City of Kimberly City of Idanha Town of Blackville City of Perry City of Kittitas City of Kooskia City of Imbler Town of Blenheim City of Plain City City of La Center City of Kuna City of Independence Town of Bluffton City of Pleasant Grove City of Lacey City of Lapwai City of Irrigon Town of Blythewood City of Pleasant View City of Lake Forest Park City of Lava Hot Springs City of Island City Town of Bowman City of Price City of Lake Stevens City of Lewiston City of Jacksonville Town of Branchville City of Providence City of Lakewood City of Mackay City of Jefferson Town of Briarcliffe Acres City of Provo City of Langley City of Malad City City of John Day Town of Brunson City of Richfield City of Leavenworth City of Marsing City of Johnson City Town of Calhoun Falls City of Richmond City of Liberty Lake City of McCall City of Joseph Town of Cameron City of River Heights City of Long Beach City of McCammon City of Junction City Town of Campobello City of Riverdale City of Longview City of Melba City of Keizer Town of Central City of Riverton City of Lynden City of Menan City of King City Town of Chapin City of Roosevelt City of Lynnwood City of Meridian City of Klamath Falls Town of Cheraw City of Roy City of Mabton City of Middleton City of La Grande Town of Chesterfield City of Salem City of Maple Valley City of Midvale City of La Pine Town of Clio City of Salina City of Marysville City of Moscow City of Lafayette Town of Clover City of Salt Lake City City of Mattawa City of Mountain Home City of Lake Oswego Town of Cottageville City of Sandy City of McCleary City of Mullan City of Lakeside Town of Coward City of Santa Clara City of Medical Lake City of Murtaugh City of Lebanon Town of Cowpens City of Santaquin City of Medina City of Nampa City of Lincoln City Town of Denmark City of Saratoga Springs City of Mercer Island City of New Meadows City of Lonerock Town of Donalds City of Smithfield City City of Mesa City of New Plymouth City of Lostine Town of Due West City of South Jordan City of Mill Creek City of Newdale City of Lowell Town of Duncan City of South Ogden City of Milton City of Nezperce City of Lyons Town of Eastover City of South Salt Lake City City of Monroe City of Notus City of Madras Town of Edgefield City of South Weber City of Montesano City of Orofino City of Malin Town of Edisto Beach City of Spanish Fork City of Morton City of Osburn City of Manzanita Town of Ehrhardt City of Spring City City of Moses Lake City of Parker City of Maupin Town of Elgin City of Springville City of Mossyrock City of Parma City of McMinnville Town of Elloree City of St. George City of Mountlake Terrace City of Paul City of Medford Town of Estill City of Sunnyside City of Moxee City of Payette City of Metolius Town of Eutawville City of Sunset City of Mt. Vernon City of Pierce City of Mill City Town of Fairfax City of Syracuse City of Mukilteo City of Pinehurst City of Millersburg Town of Ft. Mill City of Taylorsville City of Napavine City of Plummer City of Milton-Freewater Town of Furman City of Tooele City of Newcastle City of Pocatello City of Milwaukie Town of Gaston City of Toquerville City of Newport City of Ponderay City of Molalla Town of Gifford City of Tremonton City of Nooksack City of Post Falls City of Monmouth Town of Gilbert City of Tropic City of Normandy Park City of Potlatch City of Monroe Town of Govan City of Uintah City of North Bend City of Preston City of Monument Town of Gray Court City of Vernal City of North Bonneville City of Priest River City of Moro Town of Great Falls City of Washington City of Oak Harbor City of Rathdrum City of Mosier Town of Greeleyville City of Washington Terrace City of Oakville City of Reubens City of Mt. Angel Town of Hampton City of Wellington City of Ocean Shores City of Rexburg City of Mt. Vernon Town of Harleyville City of Wellsville City of Okanogan City of Richfield City of Myrtle Creek Town of Heath Springs City of Wendover City of Olympia City of Rigby City of Myrtle Point Town of Hemingway City of West Bountiful City of Omak City of Riggins City of Nehalem Town of Hilda City of West Haven City City of Oroville City of Ririe City of Newberg Town of Hilton Head Island City of West Jordan City of Orting City of Roberts City of Newport Town of Hodges City of West Point City of Othello Appendix B Page 2 of 14 Hawaii Idaho Oregon South Carolina Utah Washington City of Rockland City of North Bend Town of Holly Hill City of West Valley City City of Pacific City of Rupert City of North Plains Town of Hollywood City of Willard City of Palouse City of Salmon City of North Powder Town of Honea Path City of Woodland Hills City of Pasco City of Sandpoint City of Nyssa Town of Irmo City of Woods Cross City of Pateros City of Shelley City of Oakland Town of Iva Town of Alta City of Pomeroy City of Shoshone City of Oakridge Town of Jackson Town of Altamont City of Port Angeles City of Smelterville City of Ontario Town of James Island Town of Alton City of Port Orchard City of Soda Springs City of Oregon City Town of Jamestown Town of Amalga City of Port Townsend City of Spirit Lake City of Paisley Town of Jefferson Town of Annabella City of Poulsbo City of St. Anthony City of Pendleton Town of Jenkinsville Town of Antimony City of Prosser City of St. Charles City of Philomath Town of Johnston Town of Apple Valley City of Pullman City of Stanley City of Phoenix Town of Jonesville Town of Ballard City of Puyallup City of Star City of Pilot Rock Town of Kershaw Town of Bear River City City of Quincy City of Stites City of Port Orford Town of Kiawah Island Town of Bicknell City of Rainier City of Sugar City City of Portland Town of Kingstree Town of Big Water City of Raymond City of Sun Valley City of Powers Town of Lake View Town of Boulder City of Redmond City of Tensed City of Prairie City Town of Lamar South Carolina Town of Brian Head City of Renton City of Tetonia City of Prineville Town of Lane Town of Bryce Canyon City City of Republic City of Troy City of Rainier Town of Latta Town of Cannonville City of Richland City of Twin Falls City of Redmond Town of Lexington Town of Castle Valley City of Ridgefield City of Ucon City of Reedsport Town of Lincolnville Town of Cedar Fort City of Ritzville City of Victor City of Richland Town of Little Mountain Town of Centerfield City of Rock Island City of Wallace City of Riddle Town of Lockhart Town of Central Valley City of Roslyn City of Weippe City of Rockaway Beach Town of Lyman Town of Circleville City of Roy City of Weiser City of Rogue River Town of Lynchburg Town of Clarkston City of Royal City City of Wendell City of Roseburg Town of Mayesville Town of Clawson City of Sammamish City of Weston City of Rufus Town of McBee Town of Cleveland City of SeaTac City of White Bird City of Salem Town of McClellanville Town of Cornish City of Seattle City of Wilder City of Sandy Town of McColl Town of Daniel City of Sedro-Woolley City of Winchester City of Scappoose Town of McCormick Town of Deweyville City of Selah Higher Education City of Scio Town of Meggett Town of Eagle Mountain City of Sequim Boise State University City of Scotts Mills Town of Moncks Corner Town of Elmo City of Shelton College of Southern Idaho City of Seaside Town of Mt. Pleasant Town of Elsinore City of Shoreline College of Western Idaho City of Seneca Town of Neeses Town of Elwood City of Snohomish Eastern Idaho Technical College City of Shady Cove Town of New Ellenton Town of Emery City of Snoqualmie Idaho Division of Professional Technical Education City of Sheridan Town of Nichols Town of Fairfield City of Soap Lake Idaho State University City of Sherwood Town of Ninety Six Town of Francis City of South Bend Lewis-Clark State College City of Siletz Town of Norris Town of Garden City City of Spokane North Idaho College City of Silverton Town of North Town of Genola City of Spokane Valley University of Idaho City of Sisters Town of Norway Town of Glendale City of Sprague Education (K-12)City of Sodaville Town of Olanta Town of Glenwood City of Stanwood Aberdeen School District No. 58 City of Spray Town of Pacolet Town of Goshen City of Stevenson Arbon Elementary School District No. 383 City of Springfield Town of Pageland Town of Hanksville City of Sultan Avery School District City of St. Helens Town of Pamplico Town of Hatch City of Sumas Basin School District No. 72 City of St. Paul Town of Patrick Town of Henefer City of Sumner Bear Lake County School District No. 33 City of Stanfield Town of Pawleys Island Town of Henrieville City of Sunnyside Bear Lake School District No. 33 City of Stayton Town of Pelion Town of Hideout City of Tacoma Blackfoot School District No. 55 City of Sublimity Town of Pelzer Town of Hinckley City of Tekoa Blaine County School District No. 61 City of Sumpter Town of Pendleton Town of Holden City of Tenino Bliss Joint School District No. 234 City of Sutherlin Town of Perry Town of Howell City of Tieton Bonneville Joint School District No. 93 City of Sweet Home Town of Port Royal Town of Huntsville City of Toledo Boundary County School District No. 101 City of Talent Town of Prosperity Town of Joseph City of Tonasket Bruneau-Grand View Joint School District City of Tangent Town of Ravenel Town of Junction City of Toppenish Buhl Joint School District No. 412 City of The Dalles Town of Reidville Town of Kanarraville City of Tukwila Butte County Joint School District No. 111 City of Tigard Town of Ridge Spring Town of Kanosh City of Tumwater Caldwell School District No. 132 City of Tillamook Town of Ridgeland Town of Kingston City of Union Gap Camas County School District No. 121 City of Toledo Town of Ridgeville Town of Koosharem City of University Place Cambridge School District City of Troutdale Town of Ridgeway Town of Leeds City of Vader Cascade School District No. 422 City of Tualatin Town of Saint Matthews Town of Levan City of Vancouver Cassia County Joint School District No. 151 City of Turner Town of Saint Stephen Town of Loa City of Waitsburg Castleford Joint School District No. 417 City of Ukiah Town of Salem Town of Manila City of Walla Walla Challis Joint School District No. 181 City of Umatilla Town of Salley Town of Mantua City of Wapato Clark County School District No. 161 City of Union Town of Saluda Town of Marysvale City of Warden Coeur d'Alene School District No. 271 City of Unity Town of Santee Town of Meadow City of Washougal Cottonwood Joint School District No. 242 City of Vale Town of Scranton Town of Minersville City of Wenatchee Council School District No. 13 City of Veneta Town of Seabrook Island Town of New Harmony City of West Richland Culdesac Joint School District No. 342 City of Vernonia Town of Sellers Town of Newton City of Westport Dietrich School District No. 314 City of Waldport Town of Sharon Town of Ophir City of White Salmon Emmett Independent School District No. 221 City of Wallowa Town of Six Mile Town of Orderville City of Winlock Filer School District No. 413 City of Warrenton Town of Snelling Town of Paradise City of Woodinville Firth School District No. 59 City of Wasco Town of Society Hill Town of Paragonah City of Woodland Fremont County School District No. 215 City of West Linn Town of South Congaree Town of Portage Utah City of Yakima/Yakima County Fruitland School District No. 373 City of Westfir Town of Springdale Town of Randolph City of Yelm Garden Valley School District City of Weston Town of St. George Town of Redmond City of Zillah Genesee Joint School District No. 282 City of Wheeler Town of St. Matthews Town of Rockville Consolidated Borough of Quil Ceda Village Glenns Ferry Joint School District No. 192 City of Willamina Town of Stuckey Town of Rocky Ridge Grays Harbor Council of Governments Gooding Joint School District No. 231 City of Wilsonville Town of Sullivans Island Town of Rush Valley Town of Almira Grace Joint School District No. 148 City of Winston Town of Summerton Town of Scipio Town of Beaux Arts Village Hagerman Joint School District No. 233 City of Wood Village Town of Summerville Town of Scofield Town of Bucoda Hansen School District No. 415 City of Woodburn Town of Summit Town of Sigurd Town of Carbonado Highland Joint School District No. 305 City of Yachats Town of Surfside Beach Town of Springdale Town of Cathlamet Homedale School District No. 370 City of Yamhill Town of Swansea Town of Stockton Town of Clyde Hill Horseshoe Bend School District No. 73 City of Yoncalla Town of Timmonsville Town of Toquerville Town of Colton Idaho Falls School District No. 91 Town of Bonanza Town of Trenton Town of Torrey Town of Conconully Independent School District of Boise City Town of Butte Falls Town of Turbeville Town of Trenton Town of Concrete Jefferson County School District No. 251 Town of Canyon City Town of Ulmer Town of Tropic Town of Coulee City Jerome Joint School District No. 261 Town of Lakeview Town of Varnville Town of Uintah Town of Coulee Dam Joint School District No. 2 Town of Lexington Town of Wagener Town of Vernon Town of Coupeville Kamiah School District No. 304 Higher Education Town of Ward Town of Vineyard Town of Creston Kellogg Joint School District 391 Blue Mountain Community College Town of Ware Shoals Town of Virgin Town of Cusick Kendrick Joint School District No. 283 Central Oregon Community College Town of West Pelzer Town of Wales Town of Darrington Kimberly School District No. 414 Chemeketa Community College Town of West Union Town of Wallsburg Town of Eatonville Kootenai School District No. 274 Clackamas Community College Town of Whitmire Uintah Basin Association of Governments Town of Elmer City Kuna Joint School District No. 3 Clatsop Community College Town of Williamston Higher Education Town of Endicott Appendix B Page 3 of 14 Hawaii Idaho Oregon South Carolina Utah Washington Lake Pend Oreille School District No. 84 Columbia Gorge Community College Town of Williston College of Eastern Utah Town of Fairfield Lakeland School District No. 272 Eastern Oregon University Town of Winnsboro Davis Applied Technology College Town of Farmington Lapwai School District No. 341 Klamath Community College District Town of Yemassee Dixie Applied Technology College Town of Friday Harbor Lewiston Independent School District No. 1 Lane Community College Higher Education Dixie State University Town of Garfield Mackay School District No. 182 Linn-Benton Community College Aiken Technical College Mountainland Applied Technology College Town of Hamilton Madison School District No. 321 Mt. Hood Community College Beaufort Jasper Higher Education Commission Rocky Mountain University of Health Professions Town of Harrah Marsh Valley Joint School District No. 21 Oregon Coast Community College Central Carolina Technical College Salt Lake Community College Town of Hatton Marsing Joint School District No. 363 Oregon Department of Community Colleges and Workforce Development Clemson University Snow College Town of Hunts Point McCall-Donnelly Joint School District No. 421 Oregon Health and Science University Coastal Carolina University Southern Utah University Town of Index Meadows Valley School District No. 11 Oregon Institute of Technology College of Charleston Tooele Applied Technology College Town of Ione Melba School District No. 136 Oregon State University Denmark Technical College Uintah Basin Applied Technology College Town of La Conner Middleton School District No. 134 Oregon State University, Oregon Agricultural Experiment Station Florence-Darlington Technical College University of Utah Town of LaCrosse Midvale School District No. 433 Oregon University System Francis Marion University University of Utah Hospitals and Clinics Town of Lamont Minidoka County School District No. 331 Portland Community College Greenville Technical College Utah State University Town of Latah Moscow School District No. 281 Portland State University Horry-Georgetown Technical College Utah System of Higher Education Town of Lind Mountain Home School District No. 193 Reed College Lander University Utah Valley University Town of Lyman Mountain View School District No. 244 Rogue Community College Medical University of South Carolina Weber State University Town of Malden Mullan School District 392 Southern Oregon University Midlands Technical College Education (K-12)Town of Mansfield Murtaugh Joint School District No. 418 Southern Oregon University Family Housing Northeastern Technical College Alpine School District Town of Marcus Nampa Christian Schools Inc.Southwestern Oregon Community College Orangeburg-Calhoun Technical College Beaver County School District Town of Metaline Nampa School District No. 131 Tillamook Bay Community College Piedmont Technical College Box Elder School District Town of Millwood New Plymouth School District Treasure Valley Community College South Carolina State Board for Technical and Comprehensive Education Cache County School District Town of Naches Nez Perce Joint School District No. 302 Umpqua Community College South Carolina State University Canyons School District Town of Nespelem North Gem School District No. 149 University of Oregon South Carolina Technical College System Carbon School District Town of Northport Notus School District Western Oregon University Spartanburg Community College Centro De La Familia De Utah Head Start Program School District Town of Oakesdale Oneida County School District No. 351 Education (K-12)Technical College of the Lowcountry Daggett School District Town of Odessa Orofino Joint School District No. 171 Adel School District 21 The Citadel Davis School District Town of Pe Ell Parma School District No. 137 Adrian School District Tri-County Technical College Duchesne County School District Town of Prescott Payette School District No. 371 Alsea School District No. 7J Trident Technical College Emery County School District Town of Reardan Plummer-Worley Joint School District No. 44 Amity School District 4J University of South Carolina Freedom Preparatory Academy School District Town of Riverside Pocatello-Chubbuck School District No. 25 Annex School District 29 University of South Carolina, Aiken Garfield County School District Town of Rockford Post Falls School District No. 273 Arlington School District No. 3 University of South Carolina, Upstate Grand County School District Town of Rosalia Potlatch School District No. 285 Arock School District No. 81 Williamsburg Technical College Granite School District Town of Ruston Preston Joint School District No. 201 Ashland School District No. 5 Winthrop University Iron County School District Town of Skykomish Richfield School District No. 316 Ashwood School District York Technical College Jordan School District Town of South Cle Elum Ririe Joint School District No. 252 Astoria School District No. 1C Education (K-12)Juab School District Town of South Prairie Rockland School District No. 382 Athena-Weston School District No. 29RJ Abbeville County School District Kane County School District Town of Spangle Salmon River Joint School District No. 243 Baker School District No. 5J Aiken County Public Schools Logan City School District Town of Springdale Salmon School District No. 291 Bandon School District Allendale County School District Millard School District Town of St. John Shelley School District No. 60 Banks School District No. 13 Anderson County School Districts 1 and 2 Career and Technology Center Morgan School District Town of Steilacoom Shoshone Joint School District No. 312 Beaverton School District No. 48 Anderson School District No. 1 Mountainland Head Start Program School District Office Town of Twisp Snake River School District Bend-La Pine Public Schools Anderson School District No. 2 Murray City School District Town of Uniontown Soda Springs Joint School District No. 150 Bethel School District No. 52 Anderson School District No. 3 Nebo School District Town of Washtucna South Lemhi School District No. 292 Blachly School District Anderson School District No. 4 North Sanpete County School District Town of Waterville St. Maries Joint School District No. 41 Blachly School District 90 Anderson School District No. 5 North Sanpete School District Town of Waverly Sugar-Salem Joint District No. 322 Brookings Harbor School District Bamberg School District No. 1 North Summit School District Town of Wilbur Swan Valley Elementary School District No. 33 Camas Valley School District Bamberg School District No. 2 Ogden City School District Town of Wilkeson Swan Valley School District No. 92 Canby School District No. 86 Barnwell School District No. 45 Park City School District Town of Wilson Creek Teton County School District No. 401 Cascade School District No. 5 Beaufort County School District Piute County School District Town of Winthrop Three Creek Joint School District No. 416 Centennial School District No. 28J Berkeley County School District Provo City School District Town of Woodway Troy School District No. 287 Central Curry School District No. 1 Blackville-Hilda Public Schools Rich County School District Town of Yacolt Twin Falls School District No. 411 Central Linn School District Calhoun County School District Rich School District Town of Yarrow Point Valley School District No. 262 Central Point School District No. 6 Charleston County School District Rural Utah Child Development Head Start Program School District OfficeHigher Education Vallivue School District No. 139 Central School District No. 13J Cherokee County School District Salt Lake City School District Bates Technical College Vision Charter School District # 463 Clackamas Education Service District Chester County School District San Juan School District Bellevue Community College Wallace School District No. 393 Clatskanie School District No. 6J Chesterfield County School District Sevier School District Bellingham Technical College Weiser School District No. 431 Colton School District No. 53 Clarendon County School District No. 1 South Sanpete School District Big Bend Community College Wendell School District No. 232 Columbia Gorge Education Service District Clarendon County School District No. 2 South Summit School District Cascadia Community College West Bonner County School District No. 83 Condon School District No. 25J Clarendon County School District No. 3 Suu Head Start Program School District Central Washington University West Jefferson School District No. 253 Coos Bay School District No. 9 Clover School District No. 2 Thomas Edison Charter Schools Centralia College West Side School District No. 202 Coquille School District No. 8 Colleton County School District Tintic School District Clark College Whitepine Joint School District No. 288 Corbett School District No. 39 Darlington County School District Tooele County School District Clover Park Technical College Wilder School District No. 133 Corvallis School District No. 509J Delta R-V School District Uintah School District Columbia Basin Community College Special District Cove School District No. 15 Dillon County School District No. 1 Wasatch County School District Community Colleges of Spokane Ada County Emergency Medical Services District Crane Elementary School District Dillon County School District No. 2 Washington County School District Eastern Washington University Ada County Highway District Creswell School District No. 40 Dillon County School District No. 3 Wayne County School District Edmonds Community College Adams County Recreation District Crook County School District Dillon County School District No. 4 Weber School District Everett Community College Ahsahka Water and Sewer District Crow-Applegate-Lorane School District No. 66 Diocese Of Charleston Schools Special District Evergreen State College Albion Highway District Culver School District No. 4 Dorchester School District No. 2 Ash Creek Special Service District Grays Harbor College Alpine Meadows Water and Sewer District Dallas School District No. 2 Dorchester School District No. 4 Ashley Valley Water and Sewer Improvement District Green River Community College American Falls Free Library District David Douglas School District No. 40 Edgefield County Schools Ballard Water and Sewer Improvement District Highline Community College American Falls Housing Authority Dayton School District No. 8 Fairfield County School District Bear Lake Special Service District Lake Washington Institute of Technology Atlanta Highway District Dayville School District No. 16J Florence County School District No. 1 Bear River Water Conservancy District Lower Columbia College Avery Water and Sewer District Douglas County School District Florence County School District No. 2 Benchland Water District Northwest Indian College Avondale Irrigation District Douglas County School District No. 4 Florence County School District No. 3 Benson Culinary Water Improvement District Olympic College Bayview Water and Sewer District Douglas Education Service District Florence County School District No. 4 Bona Vista Water Improvement District Peninsula College Bear Lake County Library District Dufur School District No. 29 Florence County School District No. 5 Cache Mosquito Abatement District Pierce College Bench Sewer District Eagle Point School District No. 9 Ft. Mill School District No. 4 Cache Valley Transit District Renton Technical College Benewah County Free Library District Echo School District No. 5 Georgetown County School District Canyonlands Health Care Special Service District Seattle Community Colleges District VI Big Canyon Fire District Elgin School District Greenville County School District Carbon County Housing Authority Shoreline Community College Blaine County Housing Authority Elkton School District No. 34 Greenwood School District No. 50 Carbon County Municipal Building Authority Skagit Valley College Blaine County Recreation District Enterprise School District No. 21 Greenwood School District No. 52 Carbon County Recreation Transportation Special Service District South Puget Sound Community College Bliss Fire District Estacada School District No. 108 Hampton County School District No. 2 Carbon Water Conservancy District Tacoma Community College Boise Basin Library District Eugene School District No. 4J Hampton School District No. 1 Castle Valley Special Service District University of Washington Boise City/Ada County Housing Authority Falls City School District Horry County Schools Cedar City Housing Authority Walla Walla Community College Boise-Kung Irrigation District Fern Ridge School District No. 28J Jasper County School District Cedar Mountain Fire Protection District Washington State Board for Community and Technical Colleges Bonneville County Fire District No. 1 Forest Grove School District John de la Howe School District Cedarview-Montwell Special Service District Washington State Higher Education Facilities Authority Bruneau Valley District Library Fossil School District 21J Kershaw County School District Central Davis County Sewer District Washington State Student Achievement Council Bruneau Water and Sewer District Gaston School District 511 J Lancaster County School District Central Iron County Water Conservancy District Washington State University Buhl Highway District Gervais School District Laurens County School District No. 55 Central Utah Water Conservancy District Washington State University, Vancouver Buhl Rural Fire Protection District Gladstone School District Laurens County School District No. 56 Central Weber Sewer Improvement District Wenatchee Valley College Burley Highway District Glendale School District No. 77 Lee County School District Charleston Water Conservancy District Western Washington University Caldwell Housing Authority Glide School District Legacy Charter Schools Copperton Improvement District Whatcom Community College Canyon Highway District No. 4 Grant County Education Service District Lexington County School District No. 1 Cottonwood Improvement District Yakima Valley Community College Appendix B Page 4 of 14 Hawaii Idaho Oregon South Carolina Utah Washington Cascade Rural Fire District Grant School District No. 3 Lexington County School District No. 2 Davis Community Housing Authority Education (K-12) Castleford Rural Fire District Grants Pass School District No. 7 Lexington County School District No. 3 Davis County Housing Authority Aberdeen School District No. 5 Central Fire District Greater Albany Public School District 8J Lexington County School District No. 4 Davis-Salt Lake Aerial Spray Authority Adna School District No. 226 Central Orchards Sewer District Gresham-Barlow School District Lexington-Richland Counties School District No. 5 Duchesne County Upper Country Water Improvement District Almira School District No. 17 Central Shoshone County Water District Harney County School District No. 3 Marion County School District Duchesne County Water Conservancy District Anacortes School District No. 103 Clark County District Library Harney Education Service District Marion County School District No. 7 Emery County Housing Authority Arlington Public Schools Clarkia Free Library District Harper School District No. 66 Marlboro County School District Emery County Municipal Building Authority Asotin-Anatone School District Clarkia Highway District Harrisburg School District No. 7 McCormick County School District Emery County Special Service District No. 1 Auburn School District No. 408 Clearwater Free Library District Helix School District No. 1-R Newberry County School District Emery Water Conservancy District Bainbridge Island School District No. 303 Clearwater Highway District Hermiston School District Oconee County School District Emigration Improvement District Battle Ground School District No. 119 Clearwater Soil and Water Conservation District High Desert Education Service District Orangeburg Consolidated School District Four Fruitland Special Service District Bellevue Christian School District Clearwater Water District Hillsboro School District No. 1J Orangeburg County Consolidated School District No. 3 Garden City Fire District Bellevue School District No. 405 Consolidated Free Library District Hood River County School District Orangeburg County Consolidated School District No. 5 Grand County Housing Authority Bellingham School District No. 501 Cottonwood Highway District Huntington School District No. 16J Pickens County School District Granger-Hunter Improvement District Benge School District No. 122 Custer Soil and Water Conservation District Imbler School District No. 11 Richland County School District No. 1 Heber Valley Special Service District Bethel School District No. 403 Dietrich Fire District InterMountain Education Service District Richland County School District No. 2 Hooper Water Improvement District Bickleton School District Dietrich Highway District Ione School District R2 Rock Hill School District No. 3 Jensen Water Improvement District Blaine School District No. 503 Doumecq Highway District Jackson County School District No. 9 Saluda School District No. 1 Johnson Water Improvement District Boistfort School District No. 234 Downey Swan Lake Highway District Jackson Education Service District South Carolina Public Charter School District Jordan Valley Water Conservancy District Bremerton School District Dry Creek Cemetery Maintenance District Jefferson County School District No. 509-J Spartanburg County School District No. 1 Jordanelle Special Service District Brewster School District No. 111 Eagle Fire Protection District Jefferson School District Spartanburg County School District No. 2 Juab Special Service Fire District Bridgeport School District No. 75 Eagle Sewer District Jewell School District No. 8 Spartanburg County School District No. 3 Kane County Water Conservancy District Brinnon School District No. 46 East Bonner County Free Library District John Day School District No. 3 Spartanburg County School District No. 4 Kearns Improvement District Burlington-Edison School District No. 100 East Bonner County Library District Jordan Valley School District No. 3 Spartanburg County School District No. 5 Lake Point Improvement District Camas School District East Greenacres Irrigation District Joseph School District No. 6 Spartanburg County School District No. 6 Logan-Cache Airport Authority Cape Flattery School District No. 401 Eastern Idaho Public Health District Junction City School District No. 69 Spartanburg County School District No. 7 Maeser Water and Sewer Improvement District Capital Region Educational Service District No. 113 Eastern Idaho Regional Wastewater Authority Klamath County School District Sumter School District Magna Mosquito Abatement District Carbonado Historical School District No. 19 Elk River Free Library District Klamath Falls City Schools Sumter School District No. 17 Magna Water District Cascade Christian Schools Elmore Soil and Water Conservation District Knappa School District Sumter School District No. 2 Metropolitan Water District of Salt Lake and Sandy Cascade School District No. 228 Fenn Highway District La Grande School District No. 1 Union County School District Midvalley Improvement District Cashmere School District No. 222 Ferdinand Highway District Lake County School District No. 7 Ware Shoals School District No. 51 Midway Sanitation District Castle Rock School District No. 401 Fish Haven Mosquito Abatement District Lake Ed Service District Williamsburg County Schools Milford Area Healthcare Service District Central Kitsap School District No. 401 Fremont County District Library Lake Oswego School District No. 7J Williston School District No. 29 Moab Mosquito Abatement District Central Valley School District No. 356 Friedman Memorial Airport Authority Lakeview School District No. 7 York School District No. 1 Moab Valley Fire Protection District Centralia School District No. 401 Garden Valley District Library Lane Education Service District Special District Mountain Green Sewer Improvement District Chehalis School District No. 302 Garden Valley Fire Protection District Lebanon Community School District No. 9 Abbeville Housing Authority Mountain Regional Water Special Service District Cheney School District No. 360 Garden Valley Recreation District Lincoln County School District Aiken Housing Authority Mountain View Special Service District Chewelah School District No. 36 Gateway Fire Protection District Linn-Benton-Lincoln Education Service District Anderson Housing Authority Mt. Olympus Improvement District Chief Leschi School System Gem County Fire Protection District Long Creek School District No. 17 Atlantic Beach Housing Authority North Davis County Sewer District Chimacum School District No. 49 Gem County Mosquito Abatement District Lowell School District No. 71 Beaufort Housing Authority North Davis Fire District Clarkston School District No. J250-185 Glenns Ferry Highway District Mapleton School District No. 32 Beaufort-Jasper Water and Sewer Authority North Emery Water Users Special Service District Cle Elum-Roslyn School District Golden Gate Highway District No. 3 Marcola School District No. 79J Beech Island Rural Community Water District North Fork Special Services District Clover Park School District No. 400 Gooding County Memorial Hospital District McKenzie School District Belton-Honea Path Water Authority North Pointe Solid Waste Special Service District Colfax School District No. 300 Grace District Library McMinnville School District No. 40 Bennettsville Housing Authority North Summit Fire District College Place School District No. 250 Grangeville Highway District Medford School District No. 549C Berea Public Service District North Tooele County Fire Protection District Colton School District No. 306 Granite Reeder Water and Sewer District Milton-Freewater School District No. 7 Berkeley County Water and Sanitation Authority North Utah Water Conservancy District Columbia School District No. 206 Greater Boise Auditorium District Mitchell School District No. 55 Big Creek Water and Sewerage District North View Fire District Columbia School District No. 206, Stevens County Greater Middleton Parks and Recreation District Molalla River School District Bluffton Township Fire District Ogden Housing Authority Columbia School District No. 400 Greater Swan Valley Fire Protection District No. 2 Monument School District Boiling Springs Fire District, Greenville County Ouray Park Water Improvement District Colville School District No. 115 Groveland Water and Sewer District Morrow County School District Broad Creek Public Service District Park City Fire Service District Concrete School District No. 11 Harbor View Estates Water and Sewer District Mt. Angel School District Buffalo-Mt. Pisgah Fire Protection District Price River Water Improvement District Conway Consolidated School District No. 317 Hayden Lake Irrigation District Multnomah Education Service District Consortium Burton Fire District Provo Housing Authority Cosmopolis School District Hayden Lake Recreational Water and Sewer District Myrtle Point School District Central Midlands Regional Transit Authority Rockville/Springdale Fire Protection District Coulee-Hartline School District No. 151 Hillsdale Highway District Neah-Kah-Nie School District No. 56 Charleston Area Regional Transportation Authority Roosevelt City Housing Authority Coupeville School District No. 204 Homedale Highway District Nestucca Valley School District No. 101 Charleston County Aviation Authority Salt Lake City Housing Authority Crescent School District Hoo Doo Water and Sewer District New Hope Christian Schools Charleston County Housing and Redevelopment Authority Salt Lake City Mosquito Abatement District Creston School District No. 73 Horseshoe Bend Fire Protection District Newberg School District No. 29J Charleston Housing Authority Salt Lake County Housing Authority Curlew School District No- 50 Idaho Soil and Water Conservation District North Bend School District No. 13 Charleston Naval Complex Redevelopment Authority Sandy Suburban Improvement District Cusick School District Indian Valley Rural Fire District North Central Education Service District Charleston Soil and Water Conservation District Scofield Reservoir Special Service District Darrington School District No. 330 Iona-Bonneville Sewer District North Clackamas School District No. 12 Cheraw Housing Authority Sevier County Special Service District No. 1 Davenport School District No. 207 Island Park Fire District North Douglas School District No. 22 Chester Housing Authority Skyline Mountain Special Service District Dayton School District No. 2 Jerome Highway District North Lake School District Chester Metropolitan District Snyderville Basin Special Recreation District Deer Park School District No. 414 Jerome Recreation District North Marion School District No. 15 Chester Sewer District Snyderville Basin Water Reclamation District Dieringer School District Jerome Rural Fire District No. 1 North Santiam School District No. 29 Coast Regional Transportation Authority Solid Waste Special Service District No. 1 Dixie School District Kamiah Fire Protection District North Wasco County School District No. 21 Columbia Housing Authority South Davis Sewer District East Valley School District No. 361 Kamiah Highway District Northwest Regional Education Service District Conway Housing Authority South Davis Water District East Valley School District No. 361, Spokane County Ketchum Rural Fire Protection District Nyssa School District No. 26 Daniel Morgan Water District South Ogden Conservation District East Valley School District No. 90, Yakima County Kidder Harris Highway District Oakland School District Darlington County Fire District South Salt Lake Valley Mosquito Abatement District Eastmont School District No. 206 Kingston Water District Oakridge School District No. 76 Darlington County Water and Sewer Authority South Summit Fire Protection District Eatonville School District No. 404 Kootenai County Water District No. 1 Ontario School District No. 8C Darlington Housing Authority South Utah Valley Solid Waste District Edmonds School District No. 15 Kootenai Ponderay Sewer District Oregon City School District No. 62 Donalds-Due West Water and Sewer Authority South Valley Sewer District Educational Service District No. 112 Kootenai-Shoshone Soil and Water Conservation District Oregon Trail School District No. 46 Dorchester County Sales Tax Transportation Authority Southeastern Utah Housing Authority Ellensburg School District No. 401 Kuna Library District Paisley School District No. 11 Dorchester County Water Authority Spanish Valley Water and Sewer Improvement District Elma School District No. 68 Laclede Water District Parkrose School District No. 3 Duncan Chapel Fire District St. George Housing Authority Endicott School District No. 308 Lakes Highway District Pendleton School District No. 16 Easley Housing Authority Stansbury Park Improvement District Entiat School District No. 127 Latah County Library District Perrydale School District No. 21J Easley-Central Water District Strawberry Electric Service District Enumclaw School District No. 216 Latah Soil and Water Conservation District Philomath School District No. 17J East Richland County Public Service District Sugar House Park Authority Ephrata School District No. 165 Lemhi Soil and Water Conservation District Phoenix-Talent School District Edgefield County Water and Sewer Authority Tabby Valley Park Special Service District Evaline School District No. 36 Lewiston Orchards Irrigation District Pilot Rock School District No. 2 Florence Housing Authority Taylorsville-Bennion Improvement District Everett School District No. 2 Lewiston-Nez Perce County Regional Airport Authority Pine Eagle School District No. 61 Fort Mill Housing Authority Thompson Special Service District Evergreen School District No. 114, Clark County Lincoln County Recreation District Pinehurst School District Fripp Island Public Service District Timpanogos Special Service District Evergreen School District No. 205 Little Blacktail Ranch Water District Pleasant Hill School District Gaffney Housing Authority Tooele County Housing Authority Federal Way Public Schools Little Wood River Library District Plush School District 18 Gaston Rural Community Water District Tooele County Recreation Special Service District Ferndale School District No. 502 Lizard Butte Library District Port Orford-Langlois School District No. 2CJ Georgetown County Water and Sewer District Tridell-Lapoint Water Improvement District Fife School District No. 417 Lost River Highway District Portland Public School District No. 1 Georgetown Housing Authority Uintah Animal Control and Shelter Special Service District Finley School District M&T Water and Sewer District Powers School District No. 31 Gilbert-Summit Rural Water District Uintah County Municipal Building Authority Franklin Pierce School District No. 402 Mackay Free Library District Prairie City School District No. 4 Grand Strand Water and Sewer Authority Uintah Fire Suppression Special Service District Freeman School District No. 358 Madison Library District Prospect School District Greenville Arena District Uintah Health Care Special Service District Garfield School District No. 302 Marsing Rural Fire District Rainier School District No. 13 Greenville County Recreation District Uintah Highlands Water and Sewer Improvement District Glenwood School District McCall Fire Protection District Redmond School District No. 2J Greenville County Redevelopment Authority Uintah Mosquito Abatement District Goldendale School District McCall Memorial Hospital District Reedsport School District No. 105 Greenville Housing Authority Uintah Recreation District Grand Coulee Dam School District Meridian Cemetery Maintenance District Region 9 Education Service District Greenville Transit Authority Uintah Transportation Special Service District Grandview School District No. 200 Meridian Library District Reynolds School District No. 7 Greenwood Metropolitan District Uintah Water Conservancy District Granger School District No. 204 Meridian Rural Fire Protection District Riddle School District No. 70 Greer Housing Authority Unified Fire Authority Granite Falls School District No. 332 Appendix B Page 5 of 14 Hawaii Idaho Oregon South Carolina Utah Washington Mica Kidd Island Fire Protection District Riverdale School District No. 51J Hartsville Housing Authority Utah County Housing Authority Grapeview School District No. 54 Middleton Rural Fire District Rogue River School District No. 35 Hilton Head No. 1 Public Service District Utah Paiute Housing Authority Great Northern School District Midvale Fire Protection District Roseburg Public Schools Holly Springs Fire-Rescue District Utah Transit Authority Green Mountain School District No. 103 Minidoka County Fire Protection District Salem-Keizer Public School District No. 24J Homeland Park Water and Sewer District Utah Valley Dispatch Special Service District Griffin School District No. 324 Minidoka County Highway District Santiam Canyon School District No. 129J James Island Public Service District Wasatch County Fire District Harrington Public Schools Moreland Water and Sewer District Santiam Christian Schools Kingstree Housing Authority Wasatch Front Waste and Recycling District Highland School District No. 203 Mountain Home Highway District Scappoose School District No. 1J Lady's Island-St. Helena Fire District Wasatch Integrated Waste Management District Highline School District No. 401 Mountain Rides Transportation Authority Scio School District No. 95C Lake City Housing Authority Washington County Water Conservancy District Hockinson School District Nampa and Meridian Irrigation District Seaside School District Lancaster County Water and Sewer District Waste Management Service District No. 5 Hood Canal School District No. 404 Nampa Highway District No. 1 Sheridan School District No. 48J Lancaster Housing Authority Weber Basin Water Conservancy District Hoquiam School District No. 28 Nampa Housing Authority Sherman County School District Lancaster Soil and Water Conservation District Weber Fire District Inchelium School District No. 70 New Plymouth Fire District Sherwood School District No. 88J Laurens Housing Authority Weber Mosquito Abatement District Issaquah School District No. 411 North Bingham County District Library Silver Falls School District No. 4J Lexington County Health Services District, Inc.Weber-Box Elder Conservation District Kahlotus School District No. 56 North Custer Hospital District Sisters School District No. 6 Liberty-Chesnee-Fingerville Water District Wellsville-Mendon Conservancy District Kalama School District No. 402 North Kootenai Water and Sewer District Siuslaw School District No. 97J Local Housing Authority White City Water Improvement District Keller School District No. 3 North Lake Recreational Sewer and Water District South Coast Education Service District, Region No. 7 Lowcountry Regional Transportation Authority Woodruff Fire District Kelso School District No. 458 North Latah County Highway District South Lane School District No. 45J3 Lugoff-Elgin Water Authority State Kennewick School District No. 17 Northern Lakes Fire District South Umpqua School District No. 19 Marion Housing Authority State Of Utah Kent School District No. 415 Northside Fire District South Wasco County School District No. 1 Marlboro County Housing Authority Utah Department of Administrative Services Kettle Falls School District No. 212 Notus-Parma Highway District No. 2 Southern Oregon Education Service District McColl Housing Authority Utah Department of Health Kiona-Benton City School District No. 52 Oakley Highway District Spray School District No. 1 Medical University Hospital Authority Utah State Legislature Kittitas School District Oakley Library District Springfield School District No. 19 Metropolitan Sewer Sub-District Utah State Treasurer Klickitat School District No. 402 Ola District Library St. Helens School District No. 502 Mitford Water and Sewer District Tribal La Center School District Oneida County Fire District St. Paul School District No. 45 Mullins Housing Authority Confederated Tribes of the Goshute Reservation La Conner School District No. 311 Oregon Trail Recreation District Stanfield School District No. 61 Murrells Inlet-Garden City Fire District Kanosh Band of the Paiute Indian Tribe of Utah LaCrosse School District Outlet Bay Water and Sewer District Sutherlin School District No. 130 Myrtle Beach Air Force Base Redevelopment Authority Koosharem Band of the Paiute Indian Tribe Lake Chelan School District No. 129 Panhandle Health District Sweet Home School District No. 55 Myrtle Beach Housing Authority Northwestern Band of Shoshone Nation Lake Quinault School District No. 97 Parma Rural Fire Protection District Three Rivers School District Newberry County Water and Sewer Authority Northwestern Band of the Shoshone Nation Housing Authority Lake Stevens School District No. 4 Pine Ridge Water and Sewer District Tigard-Tualatin School District No. 23J Newberry Housing Authority Paiute Indian Tribe of Utah Lake Washington School District No. 414 Pinehurst Water District Tillamook School District No. 9 North Charleston Housing Authority Skull Valley Band of Goshute Indians Lakewood School District No. 306 Pioneer Irrigation District Ukiah School District 80 R North Charleston Sewer District Ute Indian Tribe Lamont School District Placerville Fire Protection District Umatilla School District No. 6 North Greenville Fire District Liberty School District No. 362 Pocatello Housing Authority Union School District 5 Oconee County Joint Regional Sewer Authority Lind School District Pocatello-Chubbuck Auditorium District Vale School District No. 84 Parker Sewer and Fire Subdistrict Longview School District No. 122 Portneuf District Library Vernonia School District No. 47J Patriots Point Development Authority Loon Lake School District No. 183 Post Falls Highway District Wallowa School District No. 12 Pee Dee Regional Airport District Lopez Island School District No. 144 Power County Highway District Warrenton-Hammond School District No. 30 Pee Dee Regional Transportation Authority Lyle School District No- 406 Prairie Highway District West Linn-Wilsonville School District Piedmont Public Service District Lynden School District No. 504 Prairie-River Library District Willamette Education Service District Pioneer Rural Water District Mabton School District No. 120 Progressive Irrigation District Willamina School District No. 30J Powdersville Water District Mansfield School District No. 207 Raft River Highway District Winston-Dillard School District No. 116 Richland-Lexington Airport District Manson School District Rapid River Water and Sewer District Woodburn School District No. 103 Richland-Lexington Riverbanks Park District Mary M. Knight School District Richfield District Library Yamhill-Carlton School District No. 1 Rock Hill Housing Authority Mary Walker School District No. 207 Riverside Independent Water District Yoncalla School District No. 32 Saluda County Water and Sewer Authority Marysville School District No. 25 Rock Creek Fire District Special District Sandy Springs Water District McCleary School District No. 65 Rockland Rural Fire District Adair Rural Fire Protection District Santee Fire Service District Mead School District No. 354 Rogerson Water District Amity Fire District Santee Wateree Regional Transportation Authority Medical Lake School District No. 326 Ross Point Water District Applegate Valley Fire District No. 9 Sheldon Township Fire District Mercer Island School District No. 400 Sagle Fire District Arch Cape Sanitary District Slater-Marietta Fire District Meridian School District No. 505 Salmon River Clinic Hospital District Arch Cape Water District South Carolina Housing Authority Bond Council Methow Valley School District Sam Owen Fire District Arnold Irrigation District South Carolina Public Employee Benefit Authority Monroe School District No. 103 Santa-Fernwood Water and Sewer District Aumsville Rural Fire District South Carolina Regional Housing Authority No. 1 Montesano School District No. 66 Schweitzer Fire-Rescue District Baker County Library District South Carolina Regional Housing Authority No. 3 Morton School District No. 214 Settlers Irrigation District Baker Rural Fire Protection District South Carolina State Education Assistance Authority Moses Lake School District No. 161 Shelley/Firth Fire District Baker Valley Soil and Water Conservation District South Carolina State Fiscal Accountability Authority Mossyrock School District No. 206 Shoshone City & Rural Fire District Bandon Rural Fire Protection District South Carolina State Housing Finance and Development Authority Mt. Adams School District No. 209 Shoshone County Fire Protection District No. 2 Barlow Water Improvement District South Carolina State Ports Authority Mt. Baker School District No. 507 Shoshone Highway District No. 2 Bay Area Hospital District South Greenville Fire District Mt. Vernon School District No. 320 South Bannock Library District Bend Parks and Recreation District South Island Public Service District Mukilteo School District No. 6 South Bingham Soil Conservation District Beverly Beach Water District Southside Rural Community Water District Naches Valley School District No. 3 South Boundary Fire Protection District Black Butte Ranch Rural Fire Protection District Spartanburg Housing Authority Napavine School District No. 14 South Custer Fire District Blue Mountain Hospital District Spartanburg Regional Health Services District Naselle-Grays River Valley School District No.165 South Fork Coeur d'Alene River Sewer District Blue River Water District St. Andrews Public Service District South Carolina Nespelem School District No. 14 South Latah Highway District Boardman Park and Recreation District St. John's Fire District Newport School District No. 56-415 Southside Water and Sewer District Boardman Rural Fire Protection District Starr-Iva Water and Sewer District Nine Mile Falls School District No. 325/179 Southwestern Idaho Cooperative Housing Authority Boring Water District No. 24 Startex-Jackson-Wellford-Duncan Water District Nooksack Valley School District No. 506 St. Maries Fire Protection District Boulder Creek Retreat Special Road District Sumter Housing Authority North Beach School District No. 64 Star Joint Fire District Brownsville Rural Fire District Talatha Rural Community Water District North Franklin School District No. 51 Star Sewer and Water District Buell-Red Prairie Water District Taylors Fire and Sewer District North Kitsap School District No. 400 Sun Valley Water and Sewer District Bunker Hill Sanitary District Three Rivers Solid Waste Authority North Mason School District Sunset Heights Water District Burlington Water District Tigerville Fire District North Thurston Public Schools Targhee Regional Public Transit Authority Camellia Park Sanitary District Tri-County Solid Waste Authority Northport School District No. 211 Targhee Regional Public Transportation Authority Cannon Beach Rural Fire Protection District Union Housing Authority Northshore School District No. 417 Teton County Fire Protection District Central Lincoln People's Utility District Valley Public Service Authority Oak Harbor School District No. 201 Three Creek Highway District Central Oregon Irrigation District Waccamaw Regional Transportation Authority Oakesdale School District No. 324 Three Mile Water District Central Oregon Park and Recreation District Wedgefield Stateburg Water District Oakville School District No. 400 Timberlake Fire Protection District Central Oregon Regional Housing Authority West Anderson Water District Ocean Beach School District No. 101 Twin Falls Highway District Charleston Fire District Westview-Fairforest Fire District Ocosta School District No. 172 Twin Falls Housing Authority Charleston Sanitary District Whitney Fire Protection District Odessa School District No. 105 Twin Falls Rural Fire Protection District Chehalem Park and Recreation District Williamsburg County Transit Authority Okanogan School District No. 105 Twin Ridge Rural Fire District Chenowith Water Public Utility District Williamsburg County Water and Sewer Authority Olympia School District No. 111 Union Independent Highway District Chiloquin-Agency Lake Rural Fire Protection District Woodruff Housing Authority Olympic Educational Service District Upper Fords Creek Rural Fire District Christmas Valley Domestic Water Supply District Woodruff-Roebuck Water District Omak School District No. 19 Warm Lake Recreational Water District Christmas Valley Park and Recreation District York County Natural Gas Authority Onalaska School District No. 300 Wendell Highway District Clackamas County Fire District No. 1 State Onion Creek School District No. 30 West Boise Sewer District Clackamas County Housing Authority Santee-Lynches Regional Council of Governments Orcas Island School District No. 137 West Bonner Library District Clackamas County Soil and Water Conservation District South Carolina Department of Health and Environmental Control Orchard Prairie School District No. 123 West Bonner Water and Sewer District Clatskanie Park and Recreation District South Carolina Department of Mental Health Orient School District No. 65 West Pend Oreille Fire District Clatskanie People's Utility District South Carolina Department of Revenue Oroville School District No. 410 Western Ada Recreation District Clatskanie Rural Fire Protection District South Carolina General Services Division Orting School District No. 344 Western Elmore County Recreation District Clatsop Care Center Health District South Carolina Office of Regulatory Staff Othello School District Wilder Irrigation District Clatsop County Housing Authority South Carolina State Budget and Control Board Palisades School District No. 102 Wilder Public Library District Cloverdale Rural Fire Protection District South Carolina State Treasurer's Office Palouse School District No. 301 Wilder Rural Fire Protection District Coburg Rural Fire Protection District State Of South Carolina Pasco School District No. 1 Appendix B Page 6 of 14 Hawaii Idaho Oregon South Carolina Utah Washington Wilderness Ranch Fire Protection District Colton Fire District Township Pateros School District Winona Highway District Colton Water District Township of Grand Meadow Paterson School District No. 50 Worley Fire District Columbia Corridor Drainage Districts Joint Contracting Authority Tribal Pe Ell School District No. 301 Worley Highway District Columbia Health District Catawba Indian Nation Peninsula School District State Columbia Improvement District Pioneer School District No. 402 Idaho Department of Administration Columbia River People's Utility District Pomeroy School District No. 110 Idaho Department of Health and Welfare Columbia Soil and Water Conservation District Port Angeles School District No. 121 State Of Idaho Coos County Airport District Port Townsend School District No. 50 Tribal Coos County Library Service District Prescott School District No. 402-37 Coeur d'Alene Tribe Coquille Indian Housing Authority Pride Prep Schools Kootenai Tribe of Idaho Coquille Valley Hospital District Prosser School District No. 116 Nez Perce Tribal Enterprises Corbett Water District Puget Sound Educational Service District Nez Perce Tribe Corvallis Rural Fire Protection District Pullman School District No. 267 Shoshone-Bannock Tribes Cove Rural Fire Protection District Puyallup School District No. 3 Crooked River Ranch Rural Fire Protection District Queets-Clearwater School District No. 20 Crooked River Ranch Special Road District Quilcene School District No. 48 Curry Health District Quillayute Valley School District No. 402 Curry Public Library District Quincy School District No. 144 Dallas Cemetery District No. 4 Rainier School District No. 307 Dean Minard Water District Raymond School District No. 116 Dee Rural Fire Protection District Reardan-Edwall School District Deschutes County 911 Service District Renton School District No. 403 Deschutes County Rural Fire District No. 1 Republic School District Deschutes Valley Water District Richland School District No. 400 Devils Lake Water Improvement District Ridgefield School District No. 122 Dexter Rural Fire Protection District Ritzville School District Douglas County Fire District No. 2 Riverside School District Douglas County Housing Authority Riverview School District No. 407 Douglas Soil and Water Conservation District Rochester School District Drakes Crossing Rural Fire Protection District Rosalia School District No. 320 Dufur Recreation District Royal School District Eagle Valley Soil and Water Conservation District San Juan Island School District No. 149 East Fork Irrigation District Satsop School District No. 104 East Multnomah Soil and Water Conservation District Seattle Public Schools East Umatilla County Health District Sedro-Woolley School District No. 101 East Valley Water District Selah School District No. 119 Echo Rural Fire District Selkirk School District No. 70 Elsie-Vinemaple Rural Fire Protection District No. 11 Sequim School District No. 323 Emerald People's Utility District Shaw Island School District No. 10 Estacada Rural Fire District No. 69 Shelton School District No. 309 Fairview Water District Shoreline School District No. 412 Falcon Cove Beach Water District Skykomish School District Farmers Irrigation District Snohomish School District No. 201 Gardiner Sanitary District Snoqualmie Valley School District No. 410 Gaston Rural Fire District Soap Lake School District No. 156 Gates Rural Fire Protection District South Bend School District No. 118 Gearhart Rural Fire Protection District South Kitsap School District No. 402 Glendale Rural Fire Protection District South Whidbey School District No. 206 Gleneden Sanitary District Southside School District Goshen Fire District Spokane Public Schools Government Camp Sanitary District Sprague School District Grand Ronde Sanitary District St. John School District No. 322 Grant County Transportation District Stanwood-Camano School District No. 401 Grant Soil and Water Conservation District Steilacoom Historical School District No. 1 Grants Pass Irrigation District Steptoe School District No. 304 Green Sanitary District Stevenson-Carson School District No. 303 Hahlen Road Special District Sultan School District No. 311 Halsey-Shedd Rural Fire Protection District Summit Valley School District 202 Hamlet Rural Fire Protection District Sumner School District No. 320 Harbor Sanitary District Sunnyside School District No. 201 Harbor Water Public Utility District Tacoma School District No. 10 Harney District Hospital Taholah School District No. 77 Harney Soil and Water Conservation District Tahoma School District No. 409 Harriman Rural Fire Protection District Tekoa School District No. 265 Hazeldell Rural Fire Protection District Tenino School District No. 402 Hebo Joint Water and Sewer Authority Thorp School District No. 400 Heceta Water District Toledo School District No. 237 Hermiston Cemetery District Tonasket School District Hermiston Fire and Emergency Services District Toppenish School District No. 202 Hermiston Irrigation District Touchet School District No. 300 Hood River County Library District Toutle Lake School District No. 130 Hood River County Transportation District Trout Lake School District No. R-400 Hood River Valley Parks and Recreation District Tukwila School District No. 406 Hoodland Fire District No. 74 Tumwater School District No. 33 Hubbard Rural Fire Protection District Union Gap School District No. 2 Ice Fountain Water District University Place School District No. 83 Illinois Valley Rural Fire Protection District Valley School District Ione Rural Fire Protection District Valley School District No. 70 Irrigon Community Park and Recreation Maintenance District Vancouver School District No. 37 Jackson County Airport Authority Vashon Island School District No. 402 Jackson County Fire District No. 3 Wahkiakum School District No. 200 Jackson County Fire District No. 5 Wahluke School District No. 73 Jackson County Housing Authority Waitsburg School District Jackson County Library District Walla Walla School District No. 140 Jackson County Vector Control District Wapato School District No. 207 Jackson Soil and Water Conservation District Warden School District No. 146-161 Jefferson Rural Fire Protection District Washington Schools Risk Management Pool John Day/Canyon City Parks and Recreation District Washington State Educational Service District Junction City Rural Fire Protection District Washougal School District Juniper Flat Rural Fire Protection District Washtucna School District Keating Soil and Water Conservation District Waterville School District No. 209 Keizer Rural Fire Protection District Wellpinit School District Keno Fire Protection District Wenatchee School District No. 246 Kernville-Gleneden Beach-Lincoln Beach Water District West Valley School District No. 208, Yakima County Appendix B Page 7 of 14 Hawaii Idaho Oregon South Carolina Utah Washington Klamath County Fire District No. 1 West Valley School District No. 363, Spokane County Klamath County Library Service District White Pass School District No. 303 Klamath Housing Authority White River School District No. 416 Klamath Irrigation District White Salmon Valley School District No. 405-17 Klamath Vector Control District Wilbur School District No. 200 La Grande Rural Fire Protection District Willapa Valley School District No. 160 La Pine Park and Recreation District Wilson Creek School District La Pine Rural Fire Protection District Winlock School District No. 232 La Pine Water District Wishkah Valley School District No. 117 Lake District Hospital Woodland School District No. 404 Lake Grove Water District Yakima School District No. 7 Lakeside Fire District No. 4 Yelm Community School District No. 2 Lane County Fire District No. 1 Zillah School District No. 205 Lane Library District Special District Lane Transit District Acme Water District No. 18 Langlois Water District Adams County Fire Protection District No. 1 LaPine Special Sewer District Adams County Mosquito Control District Lebanon Aquatic District Aeneas Lake Irrigation District Lebanon Fire District Alderwood Water and Wastewater District Lewis and Clark Rural Fire Protection District Alpine Water District Libby Drainage District Anacortes Housing Authority Linn Benton Housing Authority Annapolis Water District Lookingglass Rural Fire District Asotin County Cemetery District No. 1 Lorane Rural Fire Protection District Asotin County Conservation District Lowell Rural Fire Protection District Asotin County Fire District No. 1 Lower Umpqua Hospital District Asotin County Housing Authority Lusted Water District Asotin County Public Utility District No. 1 Madras Aquatic Center District Badger Mountain Irrigation District Malheur County Housing Authority Bainbridge Island Metropolitan Park and Recreation District Malin Rural Fire Protection District Basin City Water/Sewer District Mapleton Water District Bayview Beach Water District Marion County Fire District No. 1 Beacon Hill Water and Sewer District Marion Soil and Water Conservation District Beehive Irrigation District Medford Irrigation District Belfair Water District No. 1 Merrill Rural Fire Protection District Bellevue Convention Center Authority Mid-County Cemetery Maintenance District Bellingham Housing Authority Middle Fork Irrigation District Bellingham Public Development Authority Miles Crossing Sanitary Sewer District Benton County Diking District No. 1 Mill City Rural Fire Protection District Benton County Fire Protection District No. 1 Milton-Freewater Water Control District Benton County Fire Protection District No. 2 Mist-Birkenfeld Rural Fire Protection District Benton County Fire Protection District No. 4 Mohawk Valley Rural Fire District Benton County Fire Protection District No. 5 Molalla River Improvement District Benton County Fire Protection District No. 6 Molalla Rural Fire Protection District No. 73 Benton County Mosquito Control District Monroe Rural Fire Protection District Benton County Public Utility District No. 1 Morrow County Health District Benton Irrigation District Mountain View Hospital District Benton-Franklin Health District Mt. Angel Fire District Beverly Water District Multnomah County Drainage District No. 1 Birch Bay Water and Sewer District Multnomah County Rural Fire Protection District No. 10 Black Diamond Water District Multnomah County Rural Fire Protection District No. 14 Bremerton Housing Authority Nesika Beach-Ophir Water District Buckhannon-Upshur County Airport Authority Neskowin Regional Sanitary Authority Burbank Irrigation District No. 4 Neskowin Regional Water District Carnhope Irrigation District No 7 Nestucca Rural Fire Protection District Cascadia Conservation District Netarts Oceanside Sanitary District Cedar River Water and Sewer District Netarts-Oceanside Rural Fire Protection District Central Klickitat County Park and Recreation District North Bay Rural Protection Fire District Central Pierce Fire and Rescue District No. 6 North Bend City/Coos-Curry Housing Authority Central Puget Sound Regional Transit Authority North Central Public Health District Central Valley Ambulance Authority North Clackamas Parks and Recreation District Chelan County Fire District No. 1 North County Recreation District Chelan County Fire District No. 3 North Gilliam Cemetery District Chelan County Fire District No. 5 North Gilliam County Rural Fire Protection District Chelan County Fire District No. 6 North Lincoln Fire and Rescue District No. 1 Chelan County Fire District No. 7 North Powder Rural Fire Protection District Chelan County Fire District No. 8 North Sherman County Rural Fire Protection District Chelan County Fire District No. 9 North Unit Irrigation District Chelan County Public Hospital District No. 1 Northeast Oregon Housing Authority Chelan County Public Utility District No. 1 Northern Wasco County Park and Recreation District Chelan County/Wenatchee Housing Authority Northern Wasco County People's Utility District Chelan-Douglas Health District Northwest Oregon Housing Authority Chinook Water District Nyssa Road Assessment District No. 2 Chuckanut Community Forest Park District Nyssa Rural Fire Protection District Clallam Conservation District Oak Hill Sanitary District Clallam County Fire District No. 2 Oak Lodge Sanitary District Clallam County Fire District No. 5 Oak Lodge Water District Clallam County Fire District No. 6 Oceanside Water District Clallam County Fire Protection District No. 1 Ochoco West Sanitary District Clallam County Fire Protection District No. 3 Odell Sanitary District Clallam County Fire Protection District No. 4 Ontario Library District Clallam County Hospital District No. 1 Oregon Fire Districts Association Clallam County Housing Authority Oregon Infrastructure Finance Authority Clallam County Parks and Recreation District No. 1 Oregon Trail Library District Clallam County Public Hospital District No. 2 Oregon Water Wonderland Unit II Sanitary District Clallam County Public Utility District No. 1 Owyhee Irrigation District Clark County Fire District No. 10 Pacific City Joint Water Sanitary Authority Clark County Fire District No. 11 Pacific Communities Health District Clark County Fire District No. 13 Palatine Hill Water District Clark County Fire District No. 5 Peninsula Drainage District No. 1 Clark County Fire Protection District No. 3 Peninsula Drainage District No. 2 Clark County Fire Protection District No. 6 Pilot Rock Fire Protection District Clark County Public Utility District No. 1 Pine Grove Rural Fire Protection District Clark Regional Wastewater District Pleasant Hill Rural Fire Protection District Cline Irrigation District Appendix B Page 8 of 14 Hawaii Idaho Oregon South Carolina Utah Washington Pleasant Home Water District Clinton Water District Polk County Fire District No- 1 Coal Creek Utility District Polk County Housing Authority Columbia Conservation District Polk Soil and Water Conservation District Columbia County Fire District No. 3 Portland Metropolitan Area Water District Columbia County Public Hospital District No. 1 Public Procurement Authority Columbia County Rural Library District Rainbow Water District Columbia Irrigation District Raleigh Water District Columbia Valley Water District Redmond Area Park and Recreation District Colville Indian Housing Authority Riddle Rural Fire District Consolidated Irrigation District No. 14 River Forest Acres Special Road District Covington Water District River Road Park and Recreation District Cowiche Sewer District Rivergrove Water District Cowlitz County Cemetery District No. 2 Roads End Sanitary District Cowlitz County Fire District No. 6 Roberts Creek Water District Cowlitz County Public Utility District No. 1 Rockwood Water People's Utility District Cowlitz Transit Authority Rogue River Cemetery Maintenance District Cross Valley Water District Rogue Valley Transportation District Dallesport Water District Roseburg Urban Sanitary Authority Douglas County Fire District No. 2 Sable Drive Road District Douglas County Fire Protection District No. 5 Salem Area Mass Transit District Douglas County Public Utility District No. 1 Salem Housing Authority Douglas County Sewer District No. 1 Salem-Keizer Transit District Douglas-Okanogan County Fire District No. 15 Santa Clara Rural Fire Protection District East Columbia Basin Irrigation District Santiam Water Control District East Gig Harbor Water District Scappoose Rural Fire District East Lewis County Public Development Authority Scio Rural Fire District East Pierce Fire and Rescue District No. 22 Scottsburg Rural Fire District East Spokane Water District No. 1 Seal Rock Fire District East Wenatchee Water District Seal Rock Water District Eastmont Metropolitan Park District Shangri-La Water District Eastsound Sewer and Water District Shasta View Irrigation District Edmonds Public Facilities District Siletz Rural Fire Protection District Ellensburg Business Development Authority Silverton Fire District Enterprise Cemetery District No. 7 Sisters-Camp Sherman Rural Fire Protection District Entiat Irrigation District Siuslaw Public Library District Everett Housing Authority South Clackamas Transportation District Everett Public Facilities District South Suburban Sanitary District Evergreen Water-Sewer District No. 19 Southern Curry Cemetery Maintenance District Fall City Water District Southwest Lincoln County Water District Ferry County Public Utility District No. 1 Spring River Special Road District Ferry/Okanogan County Fire Protection District No. 13 Springfield Utility District Fisherman Bay Sewer District Stanfield Fire District No. 7-402 Foster Creek Conservation District Stayton Fire District Four Lakes Water District No. 10 Suburban East Salem Water District Franklin Conservation District Sunrise Water Authority Franklin County Cemetery District No. 2 Sunset Empire Transportation District Franklin County Fire District No. 1 Swalley Irrigation District Franklin County Fire Protection District No. 3 Sweet Home Fire and Ambulance District Franklin County Irrigation District No. 1 Talent Irrigation District Franklin County Public Utility District No. 1 Terrebonne Domestic Water District Freeland Water and Sewer District Three Sisters Irrigation District Ft. Worden Public Development Authority Tillamook County Transportation District Gardena Farms Irrigation District No. 13 Tillamook People's Utility District Goforth Special Utility District Tiller Rural Fire District Grand Coulee Project Hydroelectric Authority Toledo Rural Fire Protection District Grandview Irrigation District Tri City Rural Fire District No. 4 Grant County Airport District No. 1 Tri City Water District Grant County Fire District No. 10 Tri-City Service District Grant County Fire District No. 11 Tri-County Metropolitan Transportation District Grant County Fire District No. 3 Tualatan Hills Park and Recreation District Grant County Fire District No. 4 Tualatin Hills Park and Recreation District Grant County Fire District No. 7 Tualatin Valley Irrigation District Grant County Fire Protection District No. 5 Tualatin Valley Water District Grant County Housing Authority Tumalo Irrigation District Grant County Mosquito Control District No. 1 Twin Rocks Sanitary District Grant County Mosquito District No. 2 Umatilla County Housing Authority Grant County Port District No. 4 Umatilla Hospital District Grant County Port District No. 6 Umatilla Land Redevelopment Authority Grant County Port District No. 7 Umatilla Morrow Radio and Data District Grant County Public Hospital District No. 1 Umatilla Reservation Housing Authority Grant County Public Hospital District No. 2 Umatilla Rural Fire Protection District Grant County Public Hospital District No. 3 Union Cemetery District Grant County Public Hospital District No. 4 Vale Oregon Irrigation District Grant County Public Utility District No. 2 Valley View Water District Grant Transit Authority Vandevert Acres Special Road District Grays Harbor Conservation District Vineyard Mountain Water and Improvement District Grays Harbor County Fire Protection District No. 1 Walla Walla River Irrigation District Grays Harbor County Fire Protection District No. 12 Wallowa County Health Care District Grays Harbor County Fire Protection District No. 14 Wamic Water and Sanitary Authority Grays Harbor County Fire Protection District No. 2 Warm Springs Housing Authority Grays Harbor County Fire Protection District No. 7 Wasco County Soil and Water Conservation District Grays Harbor County Housing Authority Washington County Fire District No. 2 Grays Harbor County Water District No. 1 Washington County Housing Authority Grays Harbor County Water District No. 2 Water Wonderland Improvement District Grays Harbor Drainage District No. 1 Wedderburn Sanitary District Grays Harbor Fire District No. 10 West Slope Water District Grays Harbor Historical Seaport Authority West Valley Housing Authority Grays Harbor Public Utility District No. 1 Western Lane Ambulance District Grays Harbor Transportation Authority Westport Wauna Rural Fire Protection District Greater Wenatchee Irrigation District Westwood Hills Road District Greater Wenatchee Regional Events Center Public Facilities District Wiard Memorial Park District Green Tank Irrigation District No. 11 Wickiup Water District Hartstene Pointe Water-Sewer District Willamalane Park and Recreation District Highland Water District Appendix B Page 9 of 14 Hawaii Idaho Oregon South Carolina Utah Washington Williams Rural Fire Protection District Highlands Sewer District Willow Creek Park District Highline Water District Winchester Bay Sanitary District Historic Seattle Preservation and Development Authority Winston-Dillard Fire District Holmes Harbor Sewer District Winston-Dillard Water District Hunters Water District Woodburn Rural Fire Protection District Hydro Irrigation District No. 9 Yamhill County Housing Authority Icicle Irrigation District Yamhill Fire Protection District Inchelium Water District Youngs River-Lewis and Clark Water District Irvin Water District No. 6 State Island County Fire District No. 3 Oregon Department of Administrative Services Island County Fire Protection District No. 1 Oregon Department of Revenue Island County Housing Authority Oregon Health Licensing Agency Jefferson County Conservation District Oregon Higher Education Coordinating Commission Jefferson County Fire District No. 5 Oregon Secretary of State Jefferson County Fire Protection District No. 1 Oregon State Board of Nursing Jefferson County Fire Protection District No. 3 State of Oregon Jefferson County Public Utility District No. 1 Tribal Jefferson County Water District No. 3 Burns Paiute Tribe Jefferson Transit Authority Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians Juniper Beach Water District Confederated Tribes of Grand Ronde Community Kapowsin Water District Confederated Tribes of Siletz Indians Kelso Housing Authority Confederated Tribes of the Umatilla Indian Reservation Kennewick Housing Authority Confederated Tribes of the Warm Springs Kennewick Irrigation District Coquille Indian Tribe Kennewick Public Facilities District Klamath Tribes Kennewick Public Hospital District Kent Fire Department Regional Fire Authority Key Peninsula Metro Parks District King County Airport District No. 1 King County Ferry District King County Fire Protection District No. 16 King County Fire Protection District No. 2 King County Fire Protection District No. 20 King County Fire Protection District No. 25 King County Fire Protection District No. 27 King County Fire Protection District No. 28 King County Fire Protection District No. 34 King County Fire Protection District No. 37 King County Fire Protection District No. 40 King County Fire Protection District No. 43 King County Fire Protection District No. 44 King County Fire Protection District No. 45 King County Fire Protection District No. 47 King County Fire Protection District No. 50 King County Flood Control District King County Hospital District No. 4 King County Housing Authority King County Public Hospital District No. 1 King County Public Hospital District No. 2 King County Water District No. 1 King County Water District No. 111 King County Water District No. 117 King County Water District No. 119 King County Water District No. 125 King County Water District No. 19 King County Water District No. 20 King County Water District No. 45 King County Water District No. 49 King County Water District No. 54 King County Water District No. 90 Kitsap Conservation District Kitsap County Consolidated Housing Authority Kitsap County Fire District No. 18 Kitsap County Public Utility District No. 1 Kitsap County Rural Library District Kitsap Public Health District Kittitas County Conservation District Kittitas County Fire District No. 2 Kittitas County Fire Protection District No. 7 Kittitas County Hospital District No. 2 Kittitas County Housing Authority Kittitas County Public Utility District No. 1 Kittitas County Water District No. 5 Kittitas County Water District No. 6 Kittitas County Water District No. 7 Klickitat County Fire District No. 14 Klickitat County Fire District No. 15 Klickitat County Fire District No.1 Klickitat County Fire Protection District No. 4 Klickitat County Fire Protection District No. 5 Klickitat County Port District No. 1 Klickitat County Public Hospital District No. 1 Klickitat County Public Hospital District No. 2 Klickitat County Public Utility District No. 1 Lacey Fire District 3 Lake Chelan Reclamation District Lake Chelan Sewer District Lake Forest Park Water District Lake Stevens Sewer District Lake Wenatchee Water District Lake Whatcom Water and Sewer District Lakehaven Utility District Lakewood Water District Lenora Water and Sewer District Appendix B Page 10 of 14 Hawaii Idaho Oregon South Carolina Utah Washington Lewis County Conservation District Lewis County Fire District No. 1 Lewis County Fire District No. 11 Lewis County Fire District No. 13 Lewis County Fire District No. 18 Lewis County Fire District No. 9 Lewis County Fire Protection District No. 14 Lewis County Fire Protection District No. 16 Lewis County Fire Protection District No. 2 Lewis County Fire Protection District No. 5 Lewis County Fire Protection District No. 6 Lewis County Fire Protection District No. 8 Lewis County Hospital District No. 1 Lewis County Public Facilities District Lewis County Public Utility District No. 1 Lewis County Water District No. 1 Lewis County Water District No. 3 Lewis Public Transportation Benefit Area Authority Liberty Lake Sewer and Water District Lincoln County Fire District No. 1 Lincoln County Fire District No. 4 Lincoln County Fire Protection District No. 5 Lincoln County Fire Protection District No. 6 Lincoln County Fire Protection District No. 8 Lincoln County Hospital District No. 3 Lincoln-Adams County Fire Protection District No. 3 Longview Housing Authority Lopez Island Library District Lower Elwha Housing Authority Lower Squilchuck Irrigation District Lummi Housing Authority Lummi Tribal Sewer and Water District Makah Housing Authority Malaga Water District Manchester Water District Manson Park and Recreation District Marshland Flood Control District Marysville Fire District Mason Conservation District Mason County Fire District No. 13 Mason County Fire District No. 17 Mason County Fire District No. 2 Mason County Fire District No. 4 Mason County Fire Protection District No. 5 Mason County Fire Protection District No. 8 Mason County Housing Authority Mason County Public Hospital District No. 1 Mason County Public Utility District No. 1 Mason County Public Utility District No. 3 Mason County Transit Authority Methow Valley Irrigation District Mid-Columbia Library District Midway Sewer District Moab Irrigation District No. 20 Moses Lake Irrigation and Rehabilitation District Mukilteo Water and Wastewater District Naches-Selah Irrigation District North Beach Water District North Central Washington Economic Development District North City Water District North County Regional Fire Authority North Highline Fire District North Perry Avenue Water District North Whidbey Park and Recreation District Northeast Sammamish Sewer and Water District Northshore Utility District Northwest Park and Recreation District No. 2 Okanogan Conservation District Okanogan County Cemetery District No. 4 Okanogan County Fire District No. 6 Okanogan County Fire Protection District No. 11 Okanogan County Housing Authority Okanogan County Public Hospital District No. 3 Okanogan County Public Hospital District No. 4 Okanogan County Public Utility District No. 1 Okanogan Fire Protection District No. 16 Okanogan Irrigation District Olympic View Water and Sewer District Olympus Terrace Sewer District Orcas Island Library District Orchard Avenue Irrigation District No. 6 Oroville Housing Authority Oroville-Tonasket Irrigation District Othello Housing Authority Pacific Conservation District Pacific County Fire District No. 2 Pacific County Fire Protection District No. 1 Pacific County Fire Protection District No. 3 Pacific County Public Healthcare Services District No. 3 Pacific County Public Utility District No. 2 Pacific Hospital Preservation and Development Authority Palouse Conservation District Pasco/Franklin County Housing Authority Pend Oreille County Fire District No. 2 Appendix B Page 11 of 14 Hawaii Idaho Oregon South Carolina Utah Washington Pend Oreille County Fire District No. 4 Pend Oreille County Fire District No. 5 Pend Oreille County Library District Pend Oreille County Public Hospital District No. 1 Pend Oreille County Public Utility District No. 1 Peninsula Housing Authority Peninsula Metropolitan Park District Peshastin Irrigation District Peshastin Water District Pierce Conservation District Pierce County Fire District No. 13 Pierce County Fire District No. 16 Pierce County Fire District No. 18 Pierce County Fire District No. 23 Pierce County Fire District No. 27 Pierce County Fire District No. 3 Pierce County Fire District No. 5 Pierce County Fire District No. 8 Pierce County Fire Protection District No. 14 Pierce County Fire Protection District No. 2 Pierce County Fire Protection District No. 21 Pierce County Housing Authority Pike Place Market Preservation and Development Authority Point Roberts Water District No. 4 Ponderay Shores Water and Sewer District Port Ludlow Drainage District Prescott Joint Parks and Recreation District Prosser Fire District No. 3 Prosser Public Hospital District Public Hospital District No. 1 Public Hospital District No. 3 Public Utility District No- 1 Puyallup Tribal Health Authority Quileute Housing Authority Quinault Housing Authority Quincy-Columbia Basin Irrigation District Renton Housing Authority Richland Housing Authority Richland Public Facilities District Ronald Wastewater District Roza Irrigation District Sacheen Lake Sewer and Water District Sammamish Plateau Water and Sewer District San Juan Island Library District Saratoga Water District Scatchet Head Water District Seattle Chinatown International District Preservation and Development Authority Seattle Housing Authority Seattle Southside Regional Tourism Authority Selah-Moxee Irrigation District Si View Metropolitan Park District Silver Lake Flood Control District Silver Lake Water And Sewer District Silverdale Water District Skagit Conservation District Skagit County Cemetery District No. 2 Skagit County Fire District No. 10 Skagit County Fire District No. 11 Skagit County Fire District No. 15 Skagit County Fire District No. 9 Skagit County Fire Protection District No. 13 Skagit County Fire Protection District No. 14 Skagit County Fire Protection District No. 2 Skagit County Fire Protection District No. 3 Skagit County Fire Protection District No. 4 Skagit County Fire Protection District No. 5 Skagit County Fire Protection District No. 8 Skagit County Housing Authority Skagit County Public Hospital District No. 1 Skagit County Public Hospital District No. 2 Skagit County Public Hospital District No. 304 Skagit County Public Utility District No. 1 Skagit County Sewer District No. 1 Skagit County Sewer District No. 2 Skagit Valley Public Hospital District No. 1 Skamania County Fire District No. 1 Skamania County Fire District No. 4 Skamania County Public Hospital District No. 1 Skamania County Public Utility District No. 1 Skamokawa Water and Sewer District Skyway Water and Sewer District Snohomish County Fire District No. 15 Snohomish County Fire District No. 16 Snohomish County Fire District No. 19 Snohomish County Fire District No. 26 Snohomish County Fire District No. 5 Snohomish County Fire Protection District No. 1 Snohomish County Fire Protection District No. 17 Snohomish County Fire Protection District No. 21 Snohomish County Fire Protection District No. 22 Snohomish County Fire Protection District No. 25 Snohomish County Fire Protection District No. 28 Snohomish County Fire Protection District No. 3 Snohomish County Fire Protection District No. 7 Appendix B Page 12 of 14 Hawaii Idaho Oregon South Carolina Utah Washington Snohomish County Housing Authority Snohomish County Public Hospital District No. 1 Snohomish County Public Hospital District No. 2 Snohomish County Public Utility District No. 1 Snohomish Health District Snohomish River Regional Water Authority Snoqualmie Valley Hospital District South Columbia Basin Irrigation District South Correctional Entity Public Development Authority South Naches Irrigation District South Whatcom Fire Authority South Whidbey Parks and Recreation District South Yakima Conservation District Southwest Suburban Sewer District Spokane Conservation District Spokane County Fire District No. 12 Spokane County Fire District No. 2 Spokane County Fire District No. 4 Spokane County Fire Protection District No. 10 Spokane County Fire Protection District No. 11 Spokane County Fire Protection District No. 13 Spokane County Fire Protection District No. 3 Spokane County Fire Protection District No. 5 Spokane County Fire Protection District No. 8 Spokane County Fire Protection District No. 9 Spokane County Library District Spokane County Water District No. 3 Spokane Housing Authority Spokane Indian Housing Authority Spokane Public Facilities District Spokane Regional Health District Spokane Transit Authority Startup Water District Steptoe Sewer District No. 1 Stevens County Fire District No. 2 Stevens County Fire District No. 6 Stevens County Fire Protection District No. 1 Stevens County Fire Protection District No. 10 Stevens County Fire Protection District No. 12 Stevens County Fire Protection District No. 5 Stevens County Public Utility District No. 1 Stevens County Rural Library District Stevens Pass Sewer District Sun Harbor Water District No. 3 Sunnyside Housing Authority Sunnyside Valley Irrigation District Sunnyslope Water District Swinomish Housing Authority Tacoma Community Redevelopment Authority Tacoma Housing Authority Tacoma Metropolitan Park District Terrace Heights Sewer District Thea Foss Waterway Development Authority Three Rivers Regional Wastewater Authority Thurston Conservation District Thurston County Fire District No. 12 Thurston County Fire District No. 4 Thurston County Fire District No. 9 Thurston County Fire Protection District No. 3 Thurston County Fire Protection District No. 5 Thurston County Fire Protection District No. 6 Thurston County Fire Protection District No. 8 Thurston County Housing Authority Thurston County Public Utility District No. 1 Tri-County Economic Development District Tukwila Metropolitan Park District Underwood Conservation District Union Gap Irrigation District Val Vue Sewer District Valley Regional Fire Authority Valley View Sewer District Valley Water District Vancouver Housing Authority Vashon Park District Wahkiakum County Public Utility District No. 1 Wahkiakum Fire Protection District No. 1 Wahkiakum Port District No. 1 Walla Walla County Fire Protection District No. 1 Walla Walla County Fire Protection District No. 3 Walla Walla County Fire Protection District No. 4 Walla Walla County Fire Protection District No. 5 Walla Walla County Fire Protection District No. 8 Walla Walla County Rural Library District Walla Walla Housing Authority Wallula Water District No. 1 Washington State Convention Center Public Facilities District Washington State Major League Baseball Stadium Public Facilities District Washington State Tobacco Settlement Authority Water District 19 Wells Ranch Irrigation District Wenatchee Reclamation District Wenatchee-Chiwawa Irrigation District West Sound Utility District Whatcom Conservation District Appendix B Page 13 of 14 Hawaii Idaho Oregon South Carolina Utah Washington Whatcom County Fire District No. 1 Whatcom County Fire District No. 11 Whatcom County Fire District No. 14 Whatcom County Fire District No. 16 Whatcom County Fire District No. 17 Whatcom County Fire District No. 4 Whatcom County Fire District No. 5 Whatcom County Fire District No. 7 Whatcom County Fire District No. 8 Whatcom County Public Utility District No. 1 Whatcom County Water District No. 12 Whatcom County Water District No. 13 Whatcom County Water District No. 2 Whatcom County Water District No. 7 Whatcom Transportation Authority Whidbey Island Public Hospital District Whitestone Reclamation District Whitman County Fire District No. 11 Whitman County Fire Protection District No. 12 Whitman County Fire Protection District No. 14 Whitman County Fire Protection District No. 7 Whitman County Public Hospital District No. 3 Whitman County Rural Library District Whitworth Water District No. 2 Willapa Valley Water District William Shore Memorial Pool District Williams Lake Sewer District No. 2 Wine Science Center Development Authority Wollochet Harbor Sewer District Woodinville Water District Yakima County Fire District No. 1 Yakima County Fire District No. 3 Yakima County Fire District No. 4 Yakima County Fire District No. 5 Yakima County Fire District No. 6 Yakima County Fire Protection District No. 12 Yakima County Fire Protection District No. 14 Yakima County Mosquito Control District Yakima Housing Authority Yakima Regional Clean Air Authority Yakima Rural County Library District Yakima-Tieton Irrigation District State North Seattle Community College Seattle Colleges State Of Washington Washington State Department of Enterprise Services Washington State Department of Health Washington State Department of Social and Health Services Washington State Health Care Authority Tribal Columbia River Inter-Tribal Fish Commission Confederated Tribes of the Chehalis Reservation Confederated Tribes of the Colville Reservation Confederated Tribes of the Yakama Nation Cowlitz Indian Tribe Hoh Indian Tribe Jamestown S'Klallam Tribe Kalispel Tribe of Indians Lower Elwha Klallam Tribe Lummi Indian Nation Makah Tribe Muckleshoot Indian Tribe Nisqually Indian Tribe Nooksack Indian Tribe Port Gamble S'Klallam Tribe Puyallup Tribe of Indians Quileute Indian Tribe Quinault Indian Nation Samish Indian Nation Sauk-Suiattle Indian Tribe Skokomish Indian Tribe Snoqualmie Indian Tribe Spokane Tribe Squaxin Island Tribe Stillaguamish Tribe of Indians Suquamish Tribe Swinomish Indian Tribal Community Tulalip Tribes Upper Skagit Indian Tribe Yakama Nation Land Enterprise Appendix B Page 14 of 14 Appendix C - Political Subdivision List for Virginia City/Town Special Distrricts Public K-12 County Public Higher Education State Townships City of Alexandria Accomack-Northampton Transportation District Accomack County Public Schools Accomack County Blue Ridge Community College State of Virginia Township of Green, Ross County City of Bristol Albemarle County Service Authority Albemarle County Public Schools Albemarle County Central Virginia Community College Virginia Department of Behavioral Health and Developmental Services City of Buena Vista Albemarle-Charlottesville Regional Jail Authority Alexandria City Public Schools Alleghany County Christopher Newport University Virginia Department of General Services City of Charlottesville Alexandria Redevelopment and Housing Authority Alleghany County Public Schools Amelia County College of William and Mary Virginia Department of Health City of Chesapeake Appomattox River Water Authority Amelia County Public Schools Amherst County Dabney S. Lancaster Community College Virginia Department of Health Professions City of Colonial Heights Bath County Airport Authority Amherst County Public Schools Appomattox County Danville Community College Virginia Department of Public Works City of Covington Bedford County Economic Development Authority Appomattox County Public Schools Arlington County Eastern Shore Community College City of Danville Bedford Regional Water Authority Arlington Public Schools Augusta County Eastern Virginia Medical School City of Emporia Big Stone Gap Redevelopment and Housing Authority Atlantic Shores Christian Schools Bath County George Mason University City of Fairfax Blacksburg-Christiansburg-VPI Water Authority Augusta County Public Schools Bedford County Germanna Community College City of Falls Church Blacksburg-Virginia Polytechnic Institute Sanitation Authority Bath County Public Schools Bedford County Public Service Authority J. Sargeant Reynolds Community College City of Franklin Blue Ridge Airport Authority Bedford County Public Schools Bland County James Madison University City of Fredericksburg Blue Ridge Crossroads Economic Development Authority Bland County Public Schools Botetourt County John Tyler Community College City of Galax Blue Ridge Regional Jail Authority Botetourt County Public Schools Brunswick County Longwood University City of Hampton Blue Ridge Soil and Water Conservation District Bristol Virginia Public Schools Buchanan County Lord Fairfax Community College City of Harrisonburg Bristol Redevelopment and Housing Authority Brunswick County Public Schools Buchanan County Public Service Authority Massanutten Technical Center City of Hopewell Brookneal-Campbell County Airport Authority Buchanan County Schools Buckingham County Mountain Empire Community College City of Lexington Brunswick County Industrial Development Authority Buckingham County Public Schools Buckingham County Board of Supervisors New College Institute City of Lynchburg Buchanan County Industrial Development Authority Buena Vista City Public Schools Campbell County New River Community College City of Manassas Buena Vista Public Service Authority Campbell County Public Schools Caroline County Norfolk State University City of Manassas Park Campbell County Utilities and Service Authority Caroline County Public Schools Carroll County Northern Virginia Community College City of Martinsville Carroll County Industrial Development Authority Carroll County Public Schools Carroll County Public Service Authority Old Dominion University City of Newport News Carroll-Grayson-Galax Solid Waste Authority Charles City County School District Charles City County Patrick Henry Community College City of Norfolk Castlewood Water and Sewage Authority Charlotte County Public Schools Charlotte County Paul D. Camp Community College City of Norton Central Shenandoah Planning District Commission Charlottesville City Schools Chesterfield County Piedmont Virginia Community College City of Petersburg Central Virginia Regional Jail Authority Chesapeake Public Schools Clarke County Radford University City of Poquoson Central Virginia Waste Management Authority Chesterfield County Public Schools Craig County Rappahannock Community College City of Portsmouth Charlottesville Redevelopment and Housing Authority Clarke County School District Culpeper County Richard Bland College City of Radford Charlottesville-Albemarle Airport Authority Colonial Beach Schools Cumberland County Rowanty Technical Center City of Richmond Chesapeake Airport Authority Colonial Heights Public Schools Dickenson County Southern Virginia Higher Education Center City of Roanoke Chesapeake Bay Bridge and Tunnel District Copper River School District Dinwiddie County Southside Virginia Community College City of Salem Chesapeake Hospital Authority Covington City Public Schools Essex County Southwest Virginia Community College City of Staunton Chesapeake Redevelopment and Housing Authority Craig County Public Schools Fairfax County State Council of Higher Education for Virginia City of Suffolk Coeburn-Norton-Wise Regional Wastewater Authority Culpeper County Public Schools Fauquier County Thomas Nelson Community College City of Virginia Beach Craig-New Castle Solid Waste Authority Cumberland County Public Schools Floyd County Tidewater Community College City of Waynesboro Crater District Area Agency on Aging/Foster Grandparent Program, Inc.Danville Public Schools Fluvanna County University of Mary Washington City of Williamsburg Culpeper Soil and Water Conservation District Dickenson County Public Schools Franklin County University of Virginia City of Winchester Cumberland Plateau Planning District Commission Dinwiddie County Public Schools Frederick County University of Virginia Foundation Town of Abingdon Cumberland Plateau Regional Housing Authority Fairfax County Public Schools Giles County University of Virginia Health System Town of Alberta Cumberland Plateau Regional Waste Management Authority Falls Church City Public Schools Gloucester County University of Virginia, Wise Town of Altavista Danville Redevelopment and Housing Authority Fauquier County Public Schools Goochland County Virginia College Savings Plan Town of Amherst Danville-Pittsylvania County Regional Industrial Facilities Authority Floyd County Public Schools Grayson County Virginia Commonwealth University Town of Appalachia Dickenson County Industrial Development Authority Fluvanna County Public Schools Greene County Virginia Community College System Town of Appomattox Dickenson County Public Service Authority Franklin City Schools Greensville County Virginia Highlands Community College Town of Ashland Dinwiddie Airport and Industrial Authority Franklin County Public Schools Halifax County Virginia Military Institute Town of Bedford Dinwiddie County Water Authority Frederick County Public Schools Hanover County Virginia Polytechnic Institute and State University Town of Berryville District Three Governmental Cooperative Fredericksburg City Public Schools Henrico County Virginia State University Town of Big Stone Gap Dryden Water Authority Galax City Public Schools Henry County Virginia Western Community College Town of Blacksburg Eastern Shore of Virginia Broadband Authority Giles County Public Schools Henry County Public Service Authority Wytheville Community College Town of Bluefield Essex County Industrial Development Authority Gloucester County Public Schools Highland County Town of Boones Mill Fairfax County Economic Development Authority Goochland County Public Schools Isle of Wight County Town of Bowling Green Fairfax County Park Authority Grayson County Public Schools James City County Town of Boyce Fairfax County Redevelopment and Housing Authority Greene County Schools King and Queen County Town of Boydton Fairfax County Water Authority Greensville County Public Schools King George County Town of Bridgewater Fauquier County Water and Sanitation Authority Halifax County Public Schools King George County Service Authority Town of Broadway Floyd County Economic Development Authority Hampton City Schools King William County Town of Brodnax Floyd-Floyd County Public Service Authority Hanover County Public Schools Lancaster County Town of Brookneal Franklin Redevelopment and Housing Authority Harrisonburg City Public Schools Lee County Town of Buchanan Frederick County Sanitation Authority Henrico County Public Schools Loudoun County Town of Burkeville Fredericksburg Stafford Park Authority Henry County Public Schools Louisa County Town of Cape Charles Frederick-Winchester Service Authority Highland County Public Schools Lunenburg County Town of Cedar Bluff Front Royal-Warren County Economic Development Authority Hopewell Public Schools Madison County Town of Charlotte Court House Ft. Monroe Authority Imagine Schools Mathews County Town of Chase City Giles County Public Service Authority Isle of Wight County Schools Mecklenburg County Town of Chatham Greensville County Water and Sewer Authority King and Queen County Public Schools Middlesex County Town of Cheriton Halifax County Industrial Development Authority King George County Public Schools Montgomery County Town of Chilhowie Halifax County Service Authority King William County Public Schools Nelson County Town of Chincoteague Hampton Redevelopment and Housing Authority Lancaster County Public School System New Kent County Town of Christiansburg Hampton Roads Planning District Commission Lee County Public Schools Northampton County Town of Claremont Hampton Roads Regional Jail Authority Lexington City Schools Northumberland County Town of Clarksville Hampton Roads Sanitation District Loudoun County Public Schools Nottoway County Town of Clifton Harrisonburg Redevelopment and Housing Authority Louisa County Public Schools Orange County Town of Clifton Forge Harrisonburg-Rockingham Regional Sewer Authority Lynchburg City Schools Page County Town of Clinchco Headwaters Soil and Water Conservation District Madison County Public Schools Patrick County Town of Clintwood Hopewell Redevelopment and Housing Authority Manassas City Public Schools Pittsylvania County Town of Coeburn James River Water Authority Manassas Park City Schools Pittsylvania County Service Authority Town of Colonial Beach John Flannagan Water Authority Martinsville Public Schools Powhatan County Town of Columbia Joint Public Service Authority Mathews County School District Prince Edward County Town of Courtland Lee County Industrial Development Authority Mecklenburg County Public Schools Prince George County Town of Craigsville Lee County Public Service Authority Middlesex County Public Schools Prince William County Town of Crewe LENOWISCO Planning District Commission Montgomery County Public Schools Prince William County Service Authority Town of Culpeper Lord Fairfax Soil and Water Conservation District Nelson County Public Schools Pulaski County Town of Damascus Loudoun County Sanitation Authority New Kent County Schools Rappahannock County Town of Dayton Louisa County Water Authority Newport News Public Schools Richmond County Town of Dendron Lynchburg Redevelopment and Housing Authority Norfolk Public Schools Roanoke County Town of Dillwyn Marion Redevelopment and Housing Authority Northampton County School District Rockbridge County Town of Drakes Branch Maury Service Authority Northumberland County Public Schools Rockbridge County Public Service Authority Town of Dublin Mecklenburg-Brunswick Regional Airport Authority Norton City Public Schools Rockingham County Town of Dumfries Meherrin River Regional Jail Authority Nottoway County Public Schools Russell County Town of Dungannon Middle Peninsula Regional Airport Authority Orange County Public Schools Scott County Appendix C Page 1 of 2 City/Town Special Distrricts Public K-12 County Public Higher Education State Townships Town of Elkton Montgomery County Public Service Authority Page County Public Schools Scott County Public Service Authority Town of Exmore Montgomery Regional Solid Waste Authority Patrick County Public Schools Shenandoah County Town of Farmville Mt. Rogers Planning District Commission Petersburg City Public Schools Smyth County Town of Fincastle New River Regional Water Authority Pittsylvania County School District Southampton County Town of Floyd New River Resource Authority Poquoson City Public Schools Spotsylvania County Town of Fries New River Valley Planning District Commission Portsmouth Public Schools Stafford County Town of Front Royal New River Valley Regional Jail Authority Powhatan County Public Schools Surry County Town of Gate City Newport News Redevelopment and Housing Authority Prince Edward County Schools Sussex County Town of Glade Spring Nicholas County Solid Waste Authority Prince George County Public Schools Tazewell County Town of Glasgow Norfolk Airport Authority Prince William County Schools Tri-County Lake Administrative Commission Town of Glen Lyn Norfolk Economic Development Authority Pulaski County Public Schools Warren County Town of Gordonsville Norfolk Redevelopment and Housing Authority Radford City Schools Washington County Town of Goshen Northern Neck Planning District Commission Rappahannock County Public Schools Westmoreland County Town of Gretna Northern Virginia Regional Park Authority Richmond City Public Schools Wise County Town of Grottoes Northern Virginia Transportation Authority Richmond County Public Schools Wythe County Town of Halifax Northwestern Regional Jail Authority Roanoke City Public Schools York County Town of Hamilton NRV Regional Water Authority Roanoke County Public Schools Town of Haymarket Pamunkey Regional Jail Authority Rockbridge County Schools Town of Haysi Patrick County Economic Development Authority Rockingham County Public Schools Town of Herndon Pepper's Ferry Regional Wastewater Treatment Authority Russell County Public Schools Town of Hillsville Petersburg Redevelopment and Housing Authority Salem City Schools Town of Honaker Peumansend Creek Regional Jail Authority Scott County Public Schools Town of Hurt Piedmont Soil and Water Conservation District Shenandoah County Public Schools Town of Independence Planning District One Behavioral Health Services Smyth County Public Schools Town of Iron Gate Portsmouth Redevelopment and Housing Authority Southampton County Public Schools Town of Irvington Prince William County Park Authority Spotsylvania County Public Schools Town of Jonesville Pulaski County Public Service Authority Stafford County Public Schools Town of Kenbridge Pulaski County Sewerage Authority Staunton City Schools Town of Keysville Radford Industrial Development Authority Suffolk Public Schools Town of Kilmarnock Randolph County Water, Sewer and Fire Protection Authority Surry County Public Schools Town of La Crosse Rapidan Service Authority Sussex County Public Schools Town of Lawrenceville Rappahannock Regional Jail Authority Tazewell County Public Schools Town of Leesburg Rappahannock-Shenandoah-Warren Regional Jail Authority Virginia Beach City Public Schools Town of Louisa Region 2000 Services Authority Warren County Public Schools Town of Lovettsville Richmond Behavioral Health Authority Washington County School District Town of Luray Richmond Hospital Authority Waynesboro Public Schools Town of Marion Richmond Metropolitan Authority West Point Public Schools Town of Middleburg Richmond Redevelopment and Housing Authority Westmoreland County Public Schools Town of Middletown Richmond Regional Planning District Commission Williamsburg-James City County Public Schools Town of Mineral Rivanna Solid Waste Authority Winchester Public Schools Town of Monterey Rivanna Water and Sewer Authority Wise County Public Schools Town of Montross Riverside Regional Jail Authority Wythe County Public Schools Town of Mt. Jackson Roanoke Redevelopment and Housing Authority York County Public Schools Town of Narrows Roanoke River Service Authority Town of New Castle Roanoke Valley Broadband Authority Town of New Market Roanoke Valley Resource Authority Town of Nickelsville Robert E. Lee Soil and Water Conservation District Town of Occoquan Rockbridge Area Network Authority Town of Onancock Rockbridge County Solid Waste Authority Town of Orange Russell County Industrial Development Authority Town of Pamplin City Russell County Public Service Authority Town of Parksley Scott County Economic Development Authority Town of Pearisburg Scott County Redevelopment and Housing Authority Town of Pembroke Shenandoah Valley Soil and Water Conservation District Town of Pennington Gap Smyth County Industrial Development Authority Town of Phenix Smyth Washington Regional Industrial Facilities Authority Town of Pocahontas South Central Wastewater Authority Town of Pound Southeastern Public Service Authority Town of Pulaski Southside Planning District Town of Purcellville Southside Regional Jail Authority Town of Quantico Southwest Regional Recreation Authority Town of Remington Southwest Virginia Regional Jail Authority Town of Rich Creek Suffolk Redevelopment and Housing Authority Town of Richlands Tappahannock-Essex County Airport Authority Town of Ridgeway Tazewell County Airport Authority Town of Rocky Mount Tazewell County Industrial Development Authority Town of Round Hill Tazewell County Public Service Authority Town of Rural Retreat Tazwell County Public Service Authority Town of Saltville Thomas Jefferson Planning District Commission Town of Scottsville Thomas Jefferson Soil and Water Conservation District Town of Shenandoah Toms Brook-Maurertown Sanitary District Town of Smithfield Upper Occoquan Service Authority Town of South Boston Valley Municipal Utility District No. 2 Town of South Hill Vint Hill Economic Development Authority Town of St. Paul Virginia Beach Development Authority Town of Stanley Virginia Commercial Space Flight Authority Town of Stephens City Virginia Highlands Airport Authority Town of Strasburg Virginia Housing Development Authority Town of Stuart Virginia Peninsulas Public Service Authority Town of Tangier Virginia Port Authority Town of Tappahannock Virginia Resources Authority Town of Tazewell Virginia Tech/Montgomery Regional Airport Authority Town of Timberville Virginia/Carolina Water Authority Town of Troutville Virginia's First Regional Industrial Facility Authority Town of Urbanna Washington County Industrial Development Authority Town of Victoria Washington County Service Authority Town of Vienna Waynesboro Economic Development Authority Town of Vinton Waynesboro Redevelopment and Housing Authority Town of Wakefield West Piedmont Planning District Town of Warrenton Western Virginia Water Authority Town of Warsaw Williamsburg Area Transit Authority Town of Washington Winchester Regional Airport Authority Town of Waverly Wired Road Authority Town of West Point Wise County Public Service Authority Town of White Stone Wise County Redevelopment and Housing Authority Town of Windsor Woodway Water and Sewer Authority Town of Wise Wytheville Redevelopment and Housing Authority Town of Woodstock Town of Wytheville Appendix C Page 2 of 2 RLS: A21-0699 FILE ID: 21-22657 REPORT TO THE CITY COUNCIL DATE: June 17, 2021 FROM:BRIAN BARR, Assistant Director Department of Transportation BY:CLIFFORD TRAUGH, Business Manager Department of Transportation SUBJECT: Approve the award of a purchase contract to Fresno Equipment Company of Fresno, California, for the purchase of two John Deere 6155M tractors in the amount of $267,103 procured by means of a cooperative purchase agreement with Sourcewell for the Department of Public Utilities, Wastewater Management Division RECOMMENDATION: Staff recommends Council approve the award of a purchase contract to Fresno Equipment Company of Fresno, California, for the purchase of two John Deere 6155M tractors in the amount of $267,103. EXECUTIVE SUMMARY: The Department of Public Utilities, Wastewater Management Division seeks to purchase two John Deere 6155M tractors to rehabilitate ponding basins and mow large areas of the Wastewater Treatment Plant (WWTP). The Department of Transportation recommends this purchase based on the age and hours of the units identified for replacement. The new units will be purchased through a competitively solicited cooperative procurement process administered by Sourcewell, formerly the National Joint Powers Alliance (NJPA). BACKGROUND: The Department of Public Utilities, Wastewater Management Division is responsible for the collection and treatment of wastewater produced by the City of Fresno. This is accomplished through the operation and maintenance of 1,750 acres of percolation ponds located at the Wastewater Treatment Plant. These 100 ponds are utilized for the settlement stage of the wastewater treatment process, operating in three year intervals before being drained for maintenance and rehabilitation. Currently, two aging units are responsible for the mowing and discing of the WWTP, as well as the freshwater recharge basins throughout the City of Fresno. These units break up the soil during the 5 3 7 discing process, allowing for better water drainage and penetration down to the underground water table. The new John Deere 6155M tractors will be built to a similar specification, updated with modern emissions standards and technology. The mid-size tractor class of equipment is on a 10 year or 5,000 hour replacement schedule which has been established by the Fleet Management Division as the optimum replacement time. Currently the units identified for replacement are more than 10 years old and have incurred significant repair costs over the last few years. The new units will be purchased through a competitively solicited cooperative procurement process administered by Sourcewell, formerly the National Joint Powers Alliance (NJPA). The purchase price is $133,552 per unit, this price includes the Sourcewell cooperative purchasing discount applied to City purchases as well as local sales tax at 7.975%. The Purchasing Division has approved this contract and recommends Council to approve. The City Attorney has reviewed and approved to form. ENVIRONMENTAL FINDINGS: By the definition provided in the California Environmental Quality Act Guidelines Section 15378, the award of this contract does not qualify as a “project.” LOCAL PREFERENCE: Local preference was not implemented, the City is using a cooperative purchase agreement to purchase this item. FISCAL IMPACT: No general funds will be used to purchase these items. The funding to cover the purchase cost of the John Deere 6155M tractors has been included in the FY2021 adopted budget under the operations of the Department of Public Utilities, Wastewater Management Division. The source of funding for this project is the Department of Transportation, Municipal Fleet Division Replacement Fund and the Wastewater Operating Fund, generated primarily by the collection of customer user fees. ATTACHMENTS: Board Resolutions Combined Ads Comment and Review Evaluation John Deere Contract RFP ÛPending biddingo ApprovalBid Notice OnlyType 1Publish /Verify Contents}}}Solicitation Setting Solicitation Details Advertisement ¿Invite Bidders No Evaluate Response online No Internal Approval No Mandatory InformationSolicitation Type RFP Solicitation Number 110719Solicitation Name Ag Tractors with Related Attachments, Accessories, and SuppliesProcurement Type Goods ,  Services Country & Province/StateCanada / Ontario Published By SourcewellAccept Questions Not Applicable Basic SettingsSolicitation Type Open to all suppliers Estimated Contract AmountPublish Date 09/19/2019 Closing Date & Time 11/07/2019 16:30:00 CT !Home(/dashboard)∠List of Bidding (/bidding/list)∠Solicitation DetailsPage 1 of 3Biddingo - Leading e-procurement portal for public and private sector bids9/19/2019https://r2cow.biddingo.com/bidding/432627 ¿Basic SettingsPublish Option Value Range for this Solicitation10,000,001 overSelected CategoriesAgricultural/ Forestry/ MiningAgricultural EquipmentIrrigation systems, harvesters, bailers, farming equipment, etc. tractors, aquaculture equipmentSolicitation OverviewSourcewellAg Tractors with Related Attachments, Accessories, and Supplies110719Closing Date: 11/07/2019 04:30:00 PM CTDetail: Sourcewell, a State of Minnesota local government agency and service cooperative, is requesting proposals for Ag Tractors with Related Attachments, Accessories, and Supplies to result in a national contracting solution for use by its members. Sourcewell members include thousands of governmental, higher education, K-12 education, not-for-profit, tribal government, and other public agencies located in the United States and Canada. A full copy of the Request for Proposals can be found on the Sourcewell Procurement Portal [https://proportal.sourcewell-mn.gov(https://proportal.sourcewell-mn.gov/)]. Only proposals submitted through the Sourcewell Procurement Portal will be considered. Proposals are due no later than November 07, 2019, at 4:30 p.m. Central Time, and late proposals will not be considered. !Home(/dashboard)∠List of Bidding (/bidding/list)∠Solicitation DetailsPage 2 of 3Biddingo - Leading e-procurement portal for public and private sector bids9/19/2019https://r2cow.biddingo.com/bidding/432627   © Copyright 2019 R2CoW. All Rights Reserved. Powered by (http://www.biddingo.com/)[ User Manuals / Support ](/contactUs)¿ƼAdditional RecipientsOnce the posting is approved, an e-mail will be sent to the following recipient(s).Email Addresscarol.jackson@sourcewell-mn.gov!Home(/dashboard)∠List of Bidding (/bidding/list)∠Solicitation DetailsPage 3 of 3Biddingo - Leading e-procurement portal for public and private sector bids9/19/2019https://r2cow.biddingo.com/bidding/432627 Notice Basic Information Details Dates Contact Information Bid Submission Process Estimated Contract Value (CAD)$150,000,000.00 (Not shown to suppliers) Reference Number 0000160215 Issuing Organization Sourcewell Owner Organization Solicitation Type RFP - Request for Proposal (Formal) Solicitation Number 110719 Title Ag Tractors with Related Attachments, Accessories, and Supplies Source ID PP.CO.USA.868485.C88455 Location All of Canada, All of Canada Purchase Type Term: 2020/01/02 01:00:00 AM EST - 2024/12/31 01:00:00 AM EST Description Sourcewell, a State of Minnesota local government agency and service cooperative, is requesting proposals for Ag Tractors with Related Attachments, Accessories, and Supplies 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. Only proposals submitted through the Sourcewell Procurement Portal will be considered. Proposals are due no later than November 07, 2019, at 4:30 p.m. Central Time, and late proposals will not be considered. Publication 2019/09/19 09:14:00 AM EDT Question Acceptance Deadline 2019/10/31 05:30:00 PM EDT Questions are submitted online No Bid Intent Not Available Closing Date 2019/11/07 05:30:00 PM EST Procurement Department 218-894-1930 rfp@sourcewell-mn.gov Bid Submission Type Electronic Bid Submission Pricing In attached document Pricing In attached document Bid Documents List Item Name Description Mandatory Bid Documents Documents defining the proposal Yes Additional Bidding Instructions Only proposals submitted through the Sourcewell Procurement Portal will be considered. 110719 - Ag Tractors with Related Attachments, Accessori... 2019/09/19 09:14:13 AM EDT Page 1 of 7 Documents Documents Document Size Uploaded Date Language How to obtain RFP documents [docx]140 Kb 2019/09/19 09:12:54 AM EDT English 110719 - Ag Tractors with Related Attachments, Accessori... 2019/09/19 09:14:13 AM EDT Page 2 of 7 Categories Selected Categories GSIN Categories (82) G Goods Goods N37 Agricultural Machinery And Equipment Agricultural Machinery And Equipment N37 Agriculture Machinery and Equipment Agriculture Machinery and Equipment N3700 AGRICULTURE MACHINERY AND EQUIPMENT Agriculture machinery and equipment N3700001 AGRICULTURAL MACHINERY AND EQUIPMENT - SPARE PARTS AGRICULTURAL MACHINERY AND EQUIPMENT - SPARE PARTS N3710 SOIL PREPARATION EQUIPMENT Soil Preparation Equipment Includes Planting Equipment; Cultivating Equipment. N3710A CULTIVATORS, ROTARY TYPE, TRACTOR MOUNTED CULTIVATORS, ROTARY TYPE, TRACTOR MOUNTED N3710B CULTIVATORS, ROW CROP CULTIVATORS, ROW CROP N3710C CULTIVATORS, SPRING TOOTH CULTIVATORS, SPRING TOOTH N3710D FERTILIZER SPREADER FERTILIZER SPREADER N3710E GRAIN DRILLS, SEEDERS GRAIN DRILLS, SEEDERS N3710F HARROWS, DISK HARROWS, DISK N3710G HARROWS, PEG TYPE HARROWS, PEG TYPE N3710H HARROWS, SPRING TOOTH HARROWS, SPRING TOOTH N3710J MANURE SPREADER MANURE SPREADER N3710K PLOWS, CHISEL PLOWS, CHISEL N3710L PLOWS, MOULDBOARD PLOWS, MOULDBOARD N3710M ROCK PICKER ROCK PICKER N3710N ROTO-CULTIVATOR, TRACTOR MOUNTED ROTO-CULTIVATOR, TRACTOR MOUNTED N3710P WEEDERS ROD, TRACTOR DRAWN WEEDERS ROD, TRACTOR DRAWN N3710Q SCRAPERS, AGRICULTURE, TRACTOR DRAWN SCRAPERS, AGRICULTURE, TRACTOR DRAWN N3710S DRAWBARS, HARROW, PACKER AND MODEL -H- DRAWBARS, HARROW, PACKER AND MODEL -H- N3710T SOIL PREPARATION EQUIPMENT, SPARE PARTS SOIL PREPARATION EQUIPMENT, SPARE PARTS N3710U SPRINKLER, IRRIGATION (AGRICULTURAL) SPRINKLER, IRRIGATION (AGRICULTURAL) N3710V SPRAYER, FIELD (AGRICULTURAL) SPRAYER, FIELD (AGRICULTURAL) 110719 - Ag Tractors with Related Attachments, Accessori... 2019/09/19 09:14:13 AM EDT Page 3 of 7 GSIN Categories (82) N3710W COMPOSTING EQUIPMENT COMPOSTING EQUIPMENT N3720 HARVESTING EQUIPMENT Harvesting Equipment Includes Threshers; Hullers; Feed Cutters; Grading and Cleaning Farm Machinery. N3720A AUGER, GRAIN LOADING AUGER, GRAIN LOADING N3720C COMBINE, HARVESTER COMBINE, HARVESTER N3720E GRAIN CLEANERS, FANNING MILLS GRAIN CLEANERS, FANNING MILLS N3720F HARVESTER, FORAGE HARVESTER, FORAGE N3720G HAY BALERS HAY BALERS N3720H HAY STACKER HAY STACKER N3720J HAY RAKES HAY RAKES N3720K MOWERS, ROTARY, TRACTOR DRAWN MOWERS, ROTARY, TRACTOR DRAWN N3720L POTATO HARVESTER POTATO HARVESTER N3720M SILAGE FEEDERS SILAGE FEEDERS N3720N WINDROWERS WINDROWERS N3730 DAIRY, POULTRY AND LIVESTOCK EQUIPMENT Dairy, Poultry, and Livestock Equipment N3730A DAIRY, POULTRY AND LIVESTOCK EQUIPMENT, N.E.S. DAIRY, POULTRY AND LIVESTOCK EQUIPMENT, N.E.S. N3740 PEST, DISEASE AND FROST CONTROL EQUIPMENT Pest, Disease, and Frost Control Equipment N3740B SPRAYER SPRAYER N3740BE SPRAYER, INSECTICIDE, ELECTRIC, (INSTITUTIONAL) SPRAYER, INSECTICIDE, ELECTRIC, (INSTITUTIONAL) N3740BF SPRAYER, INSECTICIDE, SKID MOUNTED, ELECTRIC AND GAS SPRAYER, INSECTICIDE, SKID MOUNTED, ELECTRIC AND GAS N3740BL SPRAYER, WHEEL MOUNTED TYPE, GAS AND ELECTRIC POWER SPRAYER, WHEEL MOUNTED TYPE, GAS AND ELECTRIC POWER N3740E BIRD CONTROL DEVICES BIRD CONTROL DEVICES N3750 GARDENING IMPLEMENTS AND TOOLS Gardening Implements and Tools Includes Garden Tractors, Walking Type; Lawn Mowers, Powered and Nonpowered; Hedge Trimmers; Lawn Seeders; Fertilizer Spreaders; Gardening Rakes, Forks, Hoes, and other Garden Tools. N3750A BRUSHCUTTER, EDGER, RENOVATOR, SWEEPER AND TILLER BRUSHCUTTER, EDGER, RENOVATOR, SWEEPER AND TILLER N3750C GARDENING AND GROUND MAINTENANCE IMPLEMENTS AND TOOLS, POWERED (N.E.S) GARDENING AND GROUND MAINTENANCE IMPLEMENTS AND TOOLS, POWERED (N.E.S) N3750E MOWERS, LAWN MOWERS, LAWN N3750EB MOWER, LAWN, POWER MOWER, LAWN, POWER 110719 - Ag Tractors with Related Attachments, Accessori... 2019/09/19 09:14:13 AM EDT Page 4 of 7 GSIN Categories (82) N3750EC MOWER, LAWN, TRACTOR PROPELLED MOWER, LAWN, TRACTOR PROPELLED N3750ECA MOWER, LAWN, TRACTOR PROPELLED, 90 IN.CUT, REEL TYPE, INDUSTRIAL MOWER, LAWN, TRACTOR PROPELLED, 90 IN.CUT, REEL TYPE, INDUSTRIAL N3750ECD MOWER, LAWN, TRACTOR PROPELLED, ROTARY MOWER MOWER, LAWN, TRACTOR PROPELLED, ROTARY MOWER N3750ED MOWER, LAWN SPARE PARTS AND ACCESSORIES MOWER, LAWN SPARE PARTS AND ACCESSORIES N3750EDA MOWER, LAWN, SPARE PARTS (TORO) MOWER, LAWN, SPARE PARTS (TORO) N3750G ROLLERS, LAWN ROLLERS, LAWN N3750GB ROLLERS, LAWN, MOTORIZED, RIDING TYPE ROLLERS, LAWN, MOTORIZED, RIDING TYPE N3750J SHEARS, GARDENING SHEARS, GARDENING N3750JA SHEARS, GRASS CUTTING AND PRUNING, HAND SHEARS, GRASS CUTTING AND PRUNING, HAND N3750L SPREADER,LOOSE MATERIAL SPREADER,LOOSE MATERIAL N3750P GARDENING AND GROUND MAINTENANCE IMPLEMENTS AND TOOLS, NON-POWERED (N.E.S) GARDENING AND GROUND MAINTENANCE IMPLEMENTS AND TOOLS, NON-POWERED (N.E.S) N3750R TRACTORS, GARDENING TRACTORS, GARDENING N3750S SPRINKLERS, GARDEN, LAWN SPRINKLERS, GARDEN, LAWN N3750TA LEAF BLOWERS LEAF BLOWERS N3750TC ROTOTILLERS ROTOTILLERS N3750TD SHREDDERS, LEAVES, BRUSH, ETC SHREDDERS, LEAVES, BRUSH, ETC N3750U TREE GRATES AND GUARDS TREE GRATES AND GUARDS N3770 SADDLERY, HARNESS, WHIPS AND RELATED ANIMAL FURNISHINGS Saddlery, Harness, Whips, and Related Animal Furnishings Includes Dog Harnesses; Leads. N3770A CAGES, ANIMAL CAGES, ANIMAL N3770C SADDLERY, HARNESS, WHIPS AND RELATED ANIMAL FURNISHINGS (N.E.S.) SADDLERY, HARNESS, WHIPS AND RELATED ANIMAL FURNISHINGS (N.E.S.) N3770D TAG, IDENTIFICATION, ANIMAL, METAL TAG, IDENTIFICATION, ANIMAL, METAL N24 Tractors Tractors N24 Tractors Tractors N2400 TRACTORS Tractors N2410 TRACTORS, FULL-TRACK, LOW SPEED Tractors, Full Tracked, Low Speed N2410A TRACTOR, CRAWLER TRACTOR, CRAWLER 110719 - Ag Tractors with Related Attachments, Accessori... 2019/09/19 09:14:13 AM EDT Page 5 of 7 GSIN Categories (82) N2410B CAB ASSEMBLIES, CRAWLER TRACTOR CAB ASSEMBLIES, CRAWLER TRACTOR N2420 TRACTORS, WHEELED Tractors, Wheeled Includes Agricultural Tractors; High Speed Tractors; Industrial Tractors. N2420A TRACTOR, WHEELED, AGRICULTURAL, 2 WHEEL DRIVE TRACTOR, WHEELED, AGRICULTURAL, 2 WHEEL DRIVE N2420B TRACTOR, WHEELED, AGRICULTURAL, 4 WHEEL DRIVE TRACTOR, WHEELED, AGRICULTURAL, 4 WHEEL DRIVE N2420C TRACTOR, WHEELED, INDUSTRIAL WITH OR WITHOUT ATTACHMENTS TRACTOR, WHEELED, INDUSTRIAL WITH OR WITHOUT ATTACHMENTS N2420D TRACTOR,WHEELED,4 X 2 WITH BACKHOE/LOADER TRACTOR,WHEELED,4 X 2 WITH BACKHOE/LOADER N2430 TRACTORS, TRACK LAYING, HIGH SPEED TRACTORS, TRACK LAYING, HIGH SPEED N2430A TRACKED VEHICLE, ALL TERRAIN, LOW GROUND PRESSURE TRACKED VEHICLE, ALL TERRAIN, LOW GROUND PRESSURE MERX Category (1) G Goods Goods G19 Machinery and Tools Machinery and Tools UNSPSC Categories (5) 21000000 Farming and Fishing and Forestry and Wildlife Machinery and Accessories 21100000 Agricultural and forestry and landscape machinery and equipment 21101500 Agricultural machinery for soil preparation 21101600 Agricultural machinery for planting and seeding 21101700 Agricultural machinery for harvesting 21101800 Dispersing and spraying appliances for agriculture 21102100 Agricultural processing machinery and equipment 110719 - Ag Tractors with Related Attachments, Accessori... 2019/09/19 09:14:13 AM EDT Page 6 of 7 Document Request List Document Request List Organization Name Main Contact Download Date City Province/State No document has been requested yet. 110719 - Ag Tractors with Related Attachments, Accessori... 2019/09/19 09:14:13 AM EDT Page 7 of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`` ` i &NQJSF4UBUF%FWFMPQNFOUIUUQXXXFTEOZHPW RI Chat Help Logout [Switch to Vendor View] Home New Bid Closed Bids My Stuff Tools Bid RFP #110719 - Ag Tractors with Related Attachments, Accessories, and Supplies Bid Type RFP Bid Number 110719 Title Ag Tractors with Related Attachments, Accessories, and Supplies Start Date Sep 19, 2019 8:22:46 AM CDT End Date Nov 7, 2019 4:30:00 PM CST Agency Sourcewell Bid Contact Chris Robinson (218) 895-4168 rfp@sourcewell-mn.gov 202 12th Street NE P.O. Box 219 Staples, MN 56479-0219 Access Reports View reports on who has been notified of the bid or accessed it. [Notification report] [Access report] Questions 0 Questions 0 Unanswered [View/Ask Questions] Edit Bid [Create Addendum] Description Sourcewell, a State of Minnesota local government agency and service cooperative, is requesting proposals for Ag Tractors with Related Attachments, Accessories, and Supplies 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 November 07, 2019, at 4:30 p.m. Central Time, and late proposals will not be considered. Delivery Information Only proposals submitted through the Sourcewell Procurement Portal [https://proportal.sourcewell-mn.gov] will be considered. Pre-Bid Conference Date Oct 3, 2019 11:30:00 AM CDT Location WebEx Conference Page 1 of 2Public Purchase: Bid RFP #110719 - Ag Tractors with Related Attachments, Accessories,... 9/19/2019https://www.publicpurchase.com/gems/bid/bidView?bidId=118724 Notes Pre-Proposal login information will be sent by email two days prior. Documents No Documents for this bid Customer Support: agencysupport@publicpurchase.com | Copyright 1999-2019 © | The Public Group, LLC. All rights reserved. Page 2 of 2Public Purchase: Bid RFP #110719 - Ag Tractors with Related Attachments, Accessories,... 9/19/2019https://www.publicpurchase.com/gems/bid/bidView?bidId=118724 Opportunity Notice Ag Tractors with Related Attachments, Accessories, and Supplies Opportunity Information Organization:Rural Municipalities of Alberta (RMA) for Sourcewell Organization Address: Reference Number:AB-2019-05441 Solicitation Number: AB-2019-05441 Solicitation Type:Request for Proposal Posting (MM/dd/yyyy):09/19/2019 04:00:00 PM Alberta Time Closing (MM/dd/yyyy):11/07/2019 03:30:59 PM Alberta Time Last Update (MM/dd/yyyy): 09/19/2019 03:53:19 PM Alberta Time Agreement Type:NWPTA/TILMA & CFTA & CETA Region of Opportunity:Open Region of Delivery:Alberta Opportunity Type:Open & Competitive Commodity Codes: N3710V: Sprayer, Field (Agricultural) N2420B: Tractor, Wheeled, Agricultural, 4 Wheel Drive N2420A: Tractor, Wheeled, Agricultural, 2 Wheel Drive N7195U: Planters N3720C: Combine, Harvester N3710E: Grain Drills, Seeders F006B: Harvesting Hay and Silage 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=B27E12DD-8CE0-45CE-... Sourcewell, a State of Minnesota local government agency and service cooperative, is requesting proposals for Ag Tractors with Related Attachments, Accessories, and Supplies 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 November 07, 2019, at 4:30 p.m. Central Time, and late proposals will not be considered. NOTICES PUBLIC NOTICE usat-usatnonbus-100074451-sourcewell-(formerly-display-public-notice-15032.indd 19/16/19 2:11 PM   COMMENT AND REVIEW to the REQUEST FOR PROPOSAL (RFP) #110719 Entitled Ag Tractors with Related Attachments, Accessories, and Supplies The following advertisement was placed September 19, 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 September 20, 2019 in Oregon’s Daily Journal of Commerce: Sourcewell, a State of Minnesota local government agency and service cooperative, is requesting proposals for Ag Tractors with Related Attachments, Accessories, and Supplies 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 November 07, 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: AGCO Corporation Kubota Tractor Corporation Agland Corp Maddock Construction Equipment Agriterra Equipment Mahindra USA BJ Fab, LLC Max Distributing / BCS America CNH Industrial America, LLC Morooka USA, LLC Deere & Company MTZ Equipment, Ltd Diamond A Equipment , LLC Walker Manufacturing Company HIGH CLASS MANAGEMENT GROUP Waterware Kubota Canada, Ltd York Modern Corporation All Proposals remained sealed within the Sourcewell Procurement Portal until the scheduled due date and time. Proposals were electronically opened, and the list of all Proposers was made publicly available on the Sourcewell Procurement Portal, on November 7, 2019, at 4:30 pm CT. Proposals were received from the following: AGCO Corporation CNH Industrial America, LLC Deere & Company Kubota Tractor Corporation Maddock Construction Equipment Max Distributing / BCS America DocuSign Envelope ID: 9D12B262-5826-4F27-892A-AB854560B355 Sourcewell Page 2 of 3 Proposals were reviewed by the Proposal Evaluation Committee: Greg Grunig, Sourcewell Procurement Lead Analyst Carol Jackson, Sourcewell Procurement Analyst Stephanie Haataja, CPIM, Sourcewell Procurement Analyst Craig West, 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 four proposal responses met Level-One and Level-Two Responsiveness and were evaluated. Maddock Construction Equipment and Max Distributing/BCS America were determined to be Level-Two non-responsive and not evaluated. CNH Industrial America LLC offers the Case IH and New Holland product lines to provide solutions for Sourcewell members. They offer a wide range of products such as tractors, planters, sprayers, hay mowers, balers and numerous other accessories. With 1,400 dealers and 11 parts depots in North America they are able to sell and service their products for Sourcewell members where ever they are located. CNH offers a significant discount to Sourcewell members along with their own financing options. Deere & Company offers a complete product offering: small, mid-sized and large tractors, rotary cutters, combines, hay and forage balers, planters, sprayers, and attachments. With over 1,700 dealer locations and 800,000 unique parts, Deere & Company offers sales and service to members across the US and Canada. They offer a solid discount with in-house financing to serve Sourcewell members. For these reasons, the Sourcewell Proposal Review Committee recommends award of Sourcewell Contract #110719 to: CNH 110719-CNH Deere & Company 110719-JDC The preceding recommendations were approved on December 12, 2019. __________________________________________ Greg Grunig, Sourcewell Procurement Lead Analyst _________________________________________ Carol Jackson, Sourcewell Procurement Analyst DocuSign Envelope ID: 9D12B262-5826-4F27-892A-AB854560B355 Sourcewell Page 3 of 3 _________________________________________________ Stephanie Haataja, CPIM, Sourcewell Procurement Analyst ______________________________________ Craig West, Sourcewell Procurement Analyst 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 #110719 for Ag Tractors with Related Attachments, Accessories, and Supplies. 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, CPPO, ASQ CSSBB Chief Procurement Officer DocuSign Envelope ID: 9D12B262-5826-4F27-892A-AB854560B355 AGCOCorporation CNHIndustrial America,LLC Deere&Company KubotaTractor Corporation PossiblePoints ConformancetoRFP Requirements 50 39434241 Pricing 400 315341326324 FinancialViabilityand MarketplaceSuccess 75 64697168 AbilitytoSellandDeliver Service 100 81909286 MarketingPlan 50 40434539 ValueAddedAttributes 75 62686565 Warranty 50 41444442 DepthandBreadthofOffered Equipment,Products,or Services 200 171183186164 TotalPoints 1,000813 881 871 829 RankOrder 4123 ________________________________________________ GregGrunig,Sourcewell CarolJackson,Sourcewell _________________________________________________________ StephanieHaataja,CPIM,Sourcewell CraigWest,Sourcewell ProposalEvaluation AgTractorswithRelatedAttachments,Accessories,andSuppliesRFP#110719 DocuSign Envelope ID: 1309F6E1-1B5A-434A-8F32-EF53E810AC69 110719-JDC 1 Rev. 4/2019 Solicitation Number: RFP#110719 CONTRACT This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Deere & Company, 2000 John Deere Run, Cary, NC 27513 (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 December 30, 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. DocuSign Envelope ID: A6F432FE-0761-48D2-9B2E-9058B9B4A629 110719-JDC 2 Rev. 4/2019 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. 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 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. DocuSign Envelope ID: A6F432FE-0761-48D2-9B2E-9058B9B4A629 110719-JDC 3 Rev. 4/2019 Vendor must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition. Sourcewell may declare the Vendor in breach of this Contract if the Vendor intentionally delivers substandard or inferior Equipment or Products. In the event of the delivery of nonconforming Equipment and Products, the 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. B. 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. C. HOT LIST PRICING. At any time during this Contract, Vendor may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract. When Vendor determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below. Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all 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) 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. DocuSign Envelope ID: A6F432FE-0761-48D2-9B2E-9058B9B4A629 110719-JDC 4 Rev. 4/2019 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 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. DocuSign Envelope ID: A6F432FE-0761-48D2-9B2E-9058B9B4A629 110719-JDC 5 Rev. 4/2019 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 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). DocuSign Envelope ID: A6F432FE-0761-48D2-9B2E-9058B9B4A629 110719-JDC 6 Rev. 4/2019 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 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. 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 DocuSign Envelope ID: A6F432FE-0761-48D2-9B2E-9058B9B4A629 110719-JDC 7 Rev. 4/2019 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. 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. DocuSign Envelope ID: A6F432FE-0761-48D2-9B2E-9058B9B4A629 110719-JDC 8 Rev. 4/2019 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. 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 DocuSign Envelope ID: A6F432FE-0761-48D2-9B2E-9058B9B4A629 110719-JDC 9 Rev. 4/2019 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: 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: DocuSign Envelope ID: A6F432FE-0761-48D2-9B2E-9058B9B4A629 110719-JDC 10 Rev. 4/2019 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. Minimum Limits: $2,000,000 Failure of Vendor to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default. DocuSign Envelope ID: A6F432FE-0761-48D2-9B2E-9058B9B4A629 110719-JDC 11 Rev. 4/2019 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. 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 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. DocuSign Envelope ID: A6F432FE-0761-48D2-9B2E-9058B9B4A629 110719-JDC 12 Rev. 4/2019 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 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 DocuSign Envelope ID: A6F432FE-0761-48D2-9B2E-9058B9B4A629 110719-JDC 13 Rev. 4/2019 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 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 DocuSign Envelope ID: A6F432FE-0761-48D2-9B2E-9058B9B4A629 110719-JDC 14 Rev. 4/2019 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 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. DocuSign Envelope ID: A6F432FE-0761-48D2-9B2E-9058B9B4A629 110719-JDC 15 Rev. 4/2019 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. 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 Deere & Company By: __________________________ By: __________________________ Jeremy Schwartz Andrew Roman Title: Director of Operations & Procurement/CPO Title: Contract Administrator Date: ________________________ Date: ________________________ Approved: By: __________________________ Chad Coauette Title: Executive Director/CEO Date: ________________________ DocuSign Envelope ID: A6F432FE-0761-48D2-9B2E-9058B9B4A629             RFP 110719 - Ag Tractors with Related Attachments, Accessories, and Supplies Vendor Details Company Name: Deere & Company 2000 John Deere Run Address: Cary, NC 27513 Contact: Andrew Roman Email: GovContractSupport@JohnDeere.com Phone: 800-358-5010 2285 Fax: 309-749-2313 HST#: 362382580 Submission Details Created On: Wednesday October 02, 2019 13:10:29 Submitted On: Thursday November 07, 2019 10:26:36 Submitted By: Andrew Roman Email: GovContractSupport@JohnDeere.com Transaction #: fc7b4092-1aab-463f-88f9-e8f4dbc9e793 Submitter's IP Address: 165.225.0.97 DocuSign Envelope ID: A6F432FE-0761-48D2-9B2E-9058B9B4A629 Specifications Table 1: Proposer Identity & Authorized Representatives Line Item Question Response * 1 Proposer Legal Name (and applicable d/b/a, if any): Deere & Company * 2 Proposer Address: 2000 John Deere Run Cary, NC 27513 * 3 Proposer website address: www.johndeere.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): Andrew Roman - Contract Administrator 2000 John Deere Run, Cary, NC 27513 GovContractSupport@JohnDeere.com 800-358-5010 Ext. 2285 * 5 Proposer's primary contact for this proposal (name, title, address, email address & phone): Andrew Roman - Contract Administrator 2000 John Deere Run, Cary, NC 27513 GovContractSupport@JohnDeere.com 800-358-5010 Ext. 2285 * 6 Proposer's other contacts for this proposal, if any (name, title, address, email address & phone): Michael Garrette - Government Business Manager 19695 Embers Avenue, Farmington, MN 55024 GarretteRobertM@JohnDeere.com 908-442-3455 Table 2: 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. Deere & Company, founded in 1837 (collectively called John Deere), began as a simple one- man blacksmith shop. Today it’s grown into corporation that does business around the world and employs over 74,000 people worldwide. The company is guided by the same core values established by its founder: integrity, quality, commitment and innovation. John Deere is the world's leading provider of advanced products and services for agriculture and forestry and a major provider of advanced products and services for construction and lawn & turf. John Deere also provides financial services worldwide and manufactures and markets engines used in heavy equipment. Deere & Company is a global company with offices and factories throughout the U.S. and overseas in countries such as China, India, Poland, Russia and Germany just to name a few. John Deere has been involved with the manufacturing of tractors since 1918. * 8 Provide a detailed description of the products and services that you are offering in your proposal. John Deere will offer its complete product offering for ag tractors, implements and related equipm include: 1. Small, Mid and Large frame ag attachments 2. Material handling attachments (tractor loaders, flail mowers, scrapers, shredders, b 4. Combines 5. Cotton 6. Hay & Forage (balers, disk mowers, etc.) 7. Tillage (plows, harrows, etc.) 8. Planting & Seeding (planters, drills, air seeders) 9. Self propelled sprayers 10. Ag Management Solutions 11. Frontier implements and attachments * Our independent dealer network will provide aftermarket services upon request. 9 What are your company’s expectations in the event of an award? John Deere will be able to offer a wide array of products that fall within the scope of this RFP that will meet and exceed the needs of all Sourcewell members. * 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. Our 2018 Annual Report has been uploaded as part of our proposal. * 11 What is your US market share for the solutions that you are proposing? John Deere considers its market share data to be proprietary information. * 12 What is your Canadian market share, if any? John Deere considers its market share data to be proprietary information. * 13 Has your business ever petitioned for bankruptcy protection? If so, explain in detail. No. * DocuSign Envelope ID: A6F432FE-0761-48D2-9B2E-9058B9B4A629 14 How is your organization best described: is it a man your written authorization to act as a distributor/deale with your sales and service force and with your dea John Deere is a manufacturer. a. John Deere has a nationwide dealer network. The dealer netw operated businesses. b. John Deere partners with independently owned John Deere dealers that being offered in the RFP. * 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. To the best of our knowledge, Deere & Company maintains all licenses and certifications necessary to conduct its business (e.g. its sale of agricultural equipment) in the United States. * 16 Provide all “Suspension or Disbarment” information that has applied to your organization during the past ten years. Not applicable. * 17 Within this RFP category there may be subcategories of solutions. List subcategory titles that best describe your products and services. List of subcategory products and services John Deere will offer within this RFP include: 1. Material handling attachments (tractor loaders, flail mowers, scrapers, shredders, backhoes) 2. Rotary cutters 3. Combines 4. Cotton 5. Hay & Forage (balers, disk mowers, etc.) 6. Tillage (plows, harrows, etc.) 7. Planting & Seeding (planters, drills, air seeders) 8. Self propelled sprayers 9. Ag Management Solutions 10. Frontier implements and attachments * DocuSign Envelope ID: A6F432FE-0761-48D2-9B2E-9058B9B4A629 Table 3: Industry Recognition & Marketplace Success Line Item Question Response * 18 Describe any relevant industry awards or 2018 recognition that your company has received in Best Global Brand - Interbrand the past five years World's Most Ethical Companies - Ethisphere Institute (12th Year) Top 10 Innovative Company - American Innovation Index Corporate Partner of the Year - National Society of Black Engineers 2017 World's Most Admired Companies - Fortune Magazine # 50 50 Best Places to Work in the US - Indeed.com US Chamber of Commerce Foundation Citizens Award Company of the Year - Society of Hispanic Professional Engineers * 2016 2016 Good Design Award - Good Design is one of the oldest, prestigious and most recognized program for design excellence worldwide. 2015 Gold Status Pillar of the Industry Award - Association of Equipment Manufacturers 2014 Deere & Company has been selected 16th on the 2014 Global Top Companies for Leaders list – a comprehensive study that recognizes best-in-class management practices, especially in the area of leadership development. 19 What percentage of your sales are to the governmental sector in the past three years Due to proprietary information, we would prefer not to provide the sales volume history of government agencies. We can assure you that we are a partner who is fully aligned with governmental customer purchase requirements. With a dedicated governmental sales department that works solely with public agencies and our dealer network, we continue to increase our sales volume in this key segment. * 20 What percentage of your sales are to the education sector in the past three years Due to proprietary information, we would prefer not to provide the sales volume history of education agencies. We can assure you that we are a partner who is fully aligned with educational customer purchase requirements. With a dedicated governmental sales department that works solely with public agencies and our dealer network, we continue to increase our sales volume in this key segment. * 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? John Deere currently holds over 110 government contracts consisting of federal, state, county and cooperative contracts. The state, county and cooperative sales volumes are combined. The sales volumes over the past three years are as follows: 2018 - $305.5M 2017 - $295.5M 2016 - $279.6M * 22 List any GSA contracts that you hold. What is John Deere currently holds the following GSA Contracts: the annual sales volume for each of these Ag Tractor Contract #GS-30F-0007T contracts over the past three years? UV Contract #GS-07F-9670S L&G Contract #GS-06F-0083S * The total sales volume for the GSA contracts over the past three years are as follows: 2019 = $21.0M 2018 - $15.3M 2017 - $17.1M Table 4: References/Testimonials Line Item 23. Supply reference information from three customers who are eligible for Sourcewell membership. Entity Name * Contact Name * Phone Number * Iowa Department of Transportation Jennifer Monserud 515-239-1607 * Mt. San Antonio College, Walnut CA Sandi Horn 909-274-5509 * Anne Arundel County, Maryland Dale Eutsler 410-222-7665 * State of Indiana - Sourcewell Participating Addendum Stephanie Nelson 317-234-0963 State of Arkansas - Sourcewell Participating Addendum John Leverett 501-683-2222 DocuSign Envelope ID: A6F432FE-0761-48D2-9B2E-9058B9B4A629 Table 5: 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 * Coop - Government Texas - TX Complete Price Page Contract for all Varies FY19 = $11.5M Buyboard John Deere product categories. FY18 = $10.4M Grounds FY17 = $13.0M * Maintenance Contract MI - Ag, Government Michigan - MI Complete Price Page Contract for all Varies FY19 = $8.1M Grounds and John Deere product categories. FY18 = $8.6M Roadside FY17 = $11.0M * Equipment Contract OH - Ag Government Ohio - OH Complete Price Page Contract for all Varies FY19 = $12.8M Machinery, Mowers & John Deere product categories. FY18 = $20.7M FY17 = $17.4M * Tractors Contract OK - Government Oklahoma - OK John Deere Ag Tractors and Related Varies FY19 = $11.5M Agriculture, Equipment FY18 = $10.3M Trees & Brush Maintenance FY17 = $7.0M * Equipment Contract PA - Ag and Government Pennsylvania - PA Complete Price Page Contract for all Varies FY19 = $9.2M Grounds John Deere product categories. FY18 = $9.8M Keeping Power FY17 = $8.3M * Equipment Contract DocuSign Envelope ID: A6F432FE-0761-48D2-9B2E-9058B9B4A629 Table 6: Ability to Sell and Deliver Service 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. John Deere has dedicated governmental sales department, based out of Cary, NC, that focuses 100% of their time on the sales and processing of agricultural and turf equipment to governmental and other public agencies. We have a total of 6 Government Business Managers, one of which is dedicated strictly to federal sales. The 5 remaining Government Business Managers are ultimately responsible for state governmental sales in their respective geographies, dedicating 100% of their time to growing the John Deere governmental sales business. The government business managers develop relationships and understand the equipment needs of federal purchasing agents, state purchasing agents and state fleet administrators, i.e. Department of Transportation, Department of Natural Resources. The government business managers also work with John Deere dealers to provide training and a greater understanding of the selling process. The John Deere dealer is ultimately responsible for delivering and supporting the equipment. In relation to the potential Sourcewell Ag Tractors with Related Attachment Contract, the government business managers would promote the contract to state purchasing agents and state fleet administrators, who either do not have their own state purchasing contract or have product gaps in their contracts. * 26 Dealer network or other distribution methods. John Deere has a nationwide independent dealer network offering best-in-class parts, service, and support. We know the government customer and make everything easy, from the initial purchase to service and support. Our dealer network, with over 1,700 locations nationwide, would be responsible for delivering and servicing the equipment sold to end users using this contract. John Deere dealers offer a combination of after-hours service (varies by dealer) and online support (online parts ordering system), which gives end-users the service needed to avoid costly downtime. The John Deere parts ordering system is available for all dealers and gives them access to over 800,000 unique parts which are ready to ship overnight, if needed. Most dealers also offer some form of mobile maintenance service, which provides on-site service. Dealer technicians are factory-trained on the service and support of the products offered in this RFP. * 27 Service force. John Deere has a nationwide independent dealer network offering best-in-class parts, service, and support. We know the government customer and make everything easy, from the initial purchase to service and support. Our dealer network, with over 1,700 locations nationwide, would be responsible for delivering and servicing the equipment sold to end users using this contract. John Deere dealers offer a combination of after-hours service (varies by dealer) and online support (online parts ordering system), which gives end-users the service needed to avoid costly downtime. The John Deere parts ordering system is available for all dealers and gives them access to over 800,000 unique parts which are ready to ship overnight, if needed. Most dealers also offer some form of mobile maintenance service, which provides on-site service. Dealer technicians are factory-trained on the service and support of the products offered in this RFP. * 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. The support of the equipment ultimately takes place through the John Deere dealer network. While customer service inevitably varies within the dealer network, the consistent training that is offered by John Deere Company to dealer technicians and parts personnel helps provide each agency with a similar customer experience. Should there be a need for equipment service, it will be the Sourcewell member’s responsibility to contact the delivering dealer for service. The member can also work with other dealers if necessary, as warranty and service work can be performed by any authorized John Deere dealer. In the event of service issues that cannot be solved by the John Deere dealer, the dealer works with John Deere Company’s dealer technical assistance center for elevated support. * As far as the John Deere Government Sales Department, we have an entire department of approximately 30 people dedicated to government sales. This includes an Order Management Team, that within an average of 7 days of submission, audits and processes every PO to verify contract pricing and verify the items quoted are eligible for the contract. Contract Administrators in the department ensure contract compliance is maintained. 29 Identify any geographic areas of the United States or Canada that you will NOT be fully serving through the proposed contract. John Deere will serve the entire United States, including Alaska and Hawaii and Canada. * 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? John Deere will serve all Sourcewell Member sectors. * 31 Define any specific contract requirements or restrictions that would apply to our Members in Hawaii and Alaska and in US Territories. John Deere will only ship to Alaska and Hawaii. For deliveries to Alaska or Hawaii, factory freight to the delivering dealer will be paid by the Sourcewell member. The equipment will be FOB origin. Factory freight is known at the time of quoting and will be included on the quote to the Sourcewell member. For all other deliveries within the continental US, the equipment will be FOB destination (the Sourcewell member will NOT be charged factory freight to the delivering dealer). * DocuSign Envelope ID: A6F432FE-0761-48D2-9B2E-9058B9B4A629 Table 7: 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. John Deere currently uses several forms of marketing to target the governmental and public customer segment: 1. We have created a website where we prominently advertise the cooperative contracts we currently hold. 2. Each year, the company produces a purchasing guide for government equipment. This purchasing guide, available in both print and electronic Flash Drive format, is used by the John Deere dealer network to promote the products. 3. John Deere provides templates online for dealers to create their own mailings to promote products to governmental and public agencies. * 4. John Deere also prints detailed marketing brochures for the products being offered in this RFP. This literature is made available to dealers and includes features and benefits and equipment specifications. A sample of marketing materials have been uploaded for review. The Marketing Literature Sample.pdf contains 2019 Government Calendar, 2019 Government Municipal Lease Literature, Government Sales Folder Packet and Government Sport Turf Banner. 33 Describe your use of technology and digital data (e.g., social media, metadata usage) to enhance marketing effectiveness. JohnDeere.com provides detailed product information for the products being offered in this RFP. Customers are able to view information on product features, specifications, and accessories. Utilizing JohnDeere.com, Sourcewell members would be able to “build-their-own” product. Customers choose the product category and subsequent product options to configure their desired piece of equipment. Manufacturer’s Suggested Retail List Price is shown. The website will not show the Sourcewell contract discount, but if the Sourcewell member knows the discount on the particular product category, they will be able to determine their purchase price. * 34 In your view, what is Sourcewell’s role in pro Sourcewell- awarded contract into your sales Sourcewell will play a key role in working with and supporting the John Deere Government Business Managers, by helping the Business Managers promote the Sourcewell contract and recognize key opportunities in states that show a willingness to adopt Sourcewell. Conference calls and/or webinars with the John Deere Government Business Managers will be a valuable tool. Because the Business Managers have a strong relationship with the John Deere dealers, the business managers will help the dealers understand the contract and market it in their particular areas. The business managers will help the John Deere dealers understand the steps necessary to sign up new Sourcewell members as well. Furthermore, in certain geographies, webinars could be used to help John Deere dealers understand the Sourcewell contract. These opportunities would typically be initiated by John Deere and considered on an individual basis depending on the needs of a particular region. * 35 Are your products or services available throu e- procurement system and how governmen We currently use E-procurement systems in North Carolina and Virginia (eVA) because we are contractually required to do so. The system does provide the state a constant record of sales activity, however, administratively, E-procurement is not a seamless process for us. When it comes to John Deere equipment, there are thousands of equipment configurations. Because Deere’s price pages are in pdf format, we cannot just simply upload the pricing into the E-procurement systems. We have to manually construct base machines by model and enter them individually. Doing it this way means the agency is not getting the complete picture of what we have available. They’re only getting a “sample”. For this most part, agencies still feel most comfortable with working directly with the dealer to ensure they’re getting equipment that will best suit their needs. * DocuSign Envelope ID: A6F432FE-0761-48D2-9B2E-9058B9B4A629 Table 8: Value-Added Attributes Line Item Question Response * 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. The John Deere dealer is ultimately responsible for delivering and supporting the equipment. However, any Sourcewell member will be encouraged to call the John Deere governmental sales direct toll-free number (800-358-5010, option 2) for assistance with locating their nearest dealer. John Deere does offer distance-learning classes on the operation and adjustment of equipment for certain products. To date, this has primarily been for larger equipment, targeted at farm customers. Many John Deere dealers offer local training, which is at the discretion of the dealer. * 37 Describe any technological advances that your proposed products or services offer. John Deere Power Tech Final Tier 4 engines 75 HP and above are built on a proven platform of emissions control technologies including: 1. Cooled exhaust gas recirculation (EGR) 2. Exhaust filters 3. Selective catalytic reduction (SCR) * ExactRate Planter Fertilizer System 1. Reduces fertilizer usage by up to 8%. 2. Improve fertilizer placement accuracy by up to 20% 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. John Deere has created a Product Sustainability goal where we offer machines and technology solutions include: 1. Reduce environment impact, including CO2 emissions on 90% o 2. Increase the use of sustainable materials by growing remanufactured and rebuild sales by 30%. 3. Increasing recyclable, renewable and recycled content. * 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. Sustainability is foundational to the John Deere strategy. We are committed to reducing the environmental impact on 90% of new products to include carbon emission reductions and invest $4 Million dollars per day in research and development. Further we have received the following awards: Best Global Brands - Interbrand Top Ten Innovative Companies in U.S. - American Innovation Index World's Most Ethical Companies - Ethisphere Institute * 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. John Deere continues to proactively engage small and diverse businesses to support the economic growth of communities. A recent small business compliance review reaffirmed John Deere truly has an active Supplier Diverse program. * 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? John Deere’s founder was best known for his work with the first commercially successful plow. And so it is today that we are perhaps best known for our quality agricultural equipment. We also take the lead worldwide in construction and forestry equipment. We're a major force in grounds maintenance and commercial landscape equipment. Also, John Deere Financial is one of the largest equipment finance companies. * 42 Identify your ability and willingness to provide your products and services to Sourcewell member agencies in Canada. John Deere will serve Sourcewell member agencies in Canada. The Canadian John Deere dealer network is able to service equipment throughout Canada. * DocuSign Envelope ID: A6F432FE-0761-48D2-9B2E-9058B9B4A629 Table 9: 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? See paragraph A of the attached warranty statement. * 44 Do your warranties impose usage restrictions or other limitations that adversely affect coverage? Per the attached warranty statement paragraph B, the warranty term (time period and usage limits) varies by product. * 45 Do your warranties cover the expense of technicians’ travel time and mileage to perform warranty repairs? Per the attached warranty statement paragraph A, the purchaser will be responsible for any service call and/or transportation of equipment to and from the authorized dealer’s place of business (except where prohibited by law), for any premium charged for overtime labor requested by the purchaser and for any service and/or maintenance not directly related to any defect covered under these warranties. * 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? The John Deere dealer network is able to service equipment throughout the United States and Canada. * 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? John Deere is only submitting equipment manufactured by John Deere. * 48 What are your proposed exchange and return programs and policies? John Deere exchanges and returns will not be permitted. * 49 Describe any service contract options for the items included in your proposal. John Deere is not including service contract options with our proposal. * Table 10: Payment Terms and Financing Options Line Item Question Response * 50 What are your payment terms (e.g., net 10, net 30)? John Deere'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? John Deere offers financing and leasing options through John Deere Financial. The John Deere Municipal Lease Purchase Plan is a special low- rate financing plan that is designed to provide flexibility of leasing while building equity toward ownership of the John Deere equipment. Any state or local government body or their political subdivisions may be eligible for the John Deere Municipal Lease Purchase Plan, subject to approval and if the agencies rules and guidelines allow. John Deere Financial also offers other leasing and financing options for governmental, educational, and non- profit entities, subject to approval. * 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. The order process will follow a Business-to-Government order process. Our dealer network will be quoting equipment, accepting purchase orders, delivering and servicing the equipment. The Sourcewell Member or John Deere dealer will submit a purchase order to John Deere Government Sales for processing, noting the Sourcewell contract number on the PO and the Member’s preferred delivering dealer. John Deere will invoice the member upon delivery of the product. The equipment will be delivered by the designated dealer. * 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? No. * DocuSign Envelope ID: A6F432FE-0761-48D2-9B2E-9058B9B4A629 Table 11: 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 John Deere is offering product-category discounts. See uploaded Price Schedule and Price Pages.pdf. * 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. The percentage discount range is 14% to 24% off Current MSRP. * 56 Describe any quantity or volume discounts or rebate programs that you offer. John Deere offers a Multiple Unit Discount (MUD) based on the following schedule: 3-4 units – 1% 5-6 units – 2% 7-8 units – 3% 9 units or more – 4% * For sales of three or more like self-propelled equipment sold to one customer on the same purchase order qualifies for an additional discount. Implements and attachments sold with and for self-propelled ride-on machines are also eligible for multi-unit discounts, but do not count towards the total number of ride-on units, which determines the multi-unit discount percentage. Frontier Equipment is excluded from the Multiple Unit Discount. 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. John Deere can offer “Sourced Goods” to Sourcewell Members. What Sourcewell calls “Sourced Goods” John Deere calls non-contract items and allied items. We define non-contract as John Deere items that are not on contract (like parts and catalog items that say “See Parts” or “See Catalog” in our price pages). Allied equipment is defined as non-John Deere equipment (ex. Tiger mower). Non-contract and allied items would be sold as “open market” and the price of the item would be negotiated between the John Deere dealer and the Sourcewell Member. The non-contract/allied item would appear on the purchase order (PO) with the contract item but would be listed as “non-contract”. For example, a Sourcewell Member could purchase a John Deere Ag Tractor, a canopy (non-contract) and a Tiger mower (allied) by utilizing the Sourcewell contract. The price of the canopy and Tiger mower would be determined by the John Deere dealer and both would be listed on the PO as non-contract items. We successfully use this process on other contracts. * 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. For deliveries to Alaska, Hawaii, factory freight to the delivering dealer will be paid by the Sourcewell member. Factory freight is known at the time of quoting and will be included on the quote to the Sourcewell member. The dealer may charge $4.00 per loaded mile to deliver equipment from the dealership to the agency's location. The charge must appear on the quote or purchase order. * 59 If freight, delivery, or shipping is an additional cost to the Sourcewell Member, describe in detail the complete freight, shipping, and delivery program. For deliveries to Alaska, Hawaii, factory freight to the delivering dealer will be paid by the Sourcewell member. Factory freight is known at the time of quoting and will be included on the quote to the Sourcewell member. * The dealer may charge $4.00 per loaded mile to deliver equipment from the dealership to the agency's location. The charge must appear on the quote or purchase order. 60 Specifically describe freight, shipping, and delivery terms or programs available for Alaska, Hawaii, Canada, or any offshore delivery. For deliveries to Alaska, Hawaii, factory freight to the delivering dealer will be paid by the Sourcewell member. Factory freight is known at the time of quoting and will be included on the quote to the Sourcewell member. * 61 Describe any unique distribution and/or delivery methods or options offered in your proposal. None. * Table 12: Pricing Offered Line Item The Pricing Offered in this Proposal is: * Comments 62 b. the same as the Proposer typically offers to GPOs, cooperative procurement organizations, or state purchasing departments. DocuSign Envelope ID: A6F432FE-0761-48D2-9B2E-9058B9B4A629 Table 13: 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. The Sourcewell member will receive their equipment quote directly from the John Deere dealer. The dealer is able to create the quote by utilizing the contract information (discounts, contract guidelines, eligible equipment, etc.) that we have posted on our website as well as a quoting tool that we’ve made available to them. The member will submit their purchase order (PO), with contract number noted, to the dealer. John Deere will be listed as the vendor on the PO and the dealer, who created the quote, will be the delivering dealer. The dealer will then upload the quote and the PO to Deere’s online order management system. Our Order Management Team will then retrieve the quote and the PO and audit them based on the contract guidelines. If an issue is discovered with PO and/or quote, the Order Management Team will then contact the dealer and work with the dealer and the member to get the issue resolved. * 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.) John Deere will pay a 1% administrative fee. * Table 14: 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. John Deere looks forward to annual business reviews with Sourcewell account managers. During these reviews, we discuss plans and volume goals and normally include percentage sales increase. Our metrics & goals for 2020 and beyond includes this discussion. * 66 Describe any industry-specific quality management system certifications obtained by your organization. Several John Deere manufacturing facilities operate a quality management system which compiles with the requirements of ISO 9001. * 67 Describe any preventative maintenance programs that your organization offers for the solutions you are proposing in this response. John Deere is not providing preventive maintenance programs as part of its RFP response. However, Sourcewell Members will be able to purchase these programs directly from dealers utilizing the “Sourced Equipment/Products and/or related Services” method outlined in Line Item 57 in Table 11: Pricing and Delivery. * Table 15: 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. DocuSign Envelope ID: A6F432FE-0761-48D2-9B2E-9058B9B4A629 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 - 2018_John-Deere-Annual-Report.pdf - Monday November 04, 2019 12:17:59 Marketing Plan/Samples - Marketing Literature Samples.pdf - Monday November 04, 2019 15:58:35 WMBE/MBE/SBE or Related Certificates (optional) Warranty Information - Warranty Stmt - Ag & Turf.pdf - Monday November 04, 2019 12:18:39 Pricing - Price Schedule and Price Pages.pdf - Tuesday November 05, 2019 14:17:01 Additional Document - Supplement Information.pdf - Wednesday November 06, 2019 10:47:12 DocuSign Envelope ID: A6F432FE-0761-48D2-9B2E-9058B9B4A629 Proposers Assurance of Comp PROPOSER ASSURANCE OF COMPLIANCE PROPOSER’S AFFIDAVIT The undersigned, authorized representative of the entity submitting the foregoing proposal (the “Proposer”), swears that the following statements are true to the best of his or her knowledge. 1. The Proposer is submitting its proposal under its true and correct name, the Proposer has been properly originated and legally exists in good standing in its state of residence, the Proposer possesses, or will possess before delivering any products and related services, all applicable licenses necessary for such delivery to Sourcewell member agencies. The undersigned affirms that he or she is authorized to act on behalf of, and to legally bind the Proposer to the terms in this Contract. 2. The Proposer, or any person representing the Proposer, has not directly or indirectly entered into any agreement or arrangement with any other vendor or supplier, any official or employee of Sourcewell, or any person, firm, or corporation under contract with Sourcewell, in an effort to influence the pricing, terms, or conditions relating to this RFP in any way that adversely affects the free and open competition for a Contract award under this RFP. 3. The contents of the Proposer's proposal have not been communicated by the Proposer or its employees or agents to any person not an employee or agent of the Proposer and will not be communicated to any such persons prior to the official opening of the proposals. 4. The Proposer has examined and understands the terms, conditions, scope, contract opportunity, specifications request, and other documents in this solicitation and affirms that any and all exceptions have been noted and included with the Proposer’s Proposal. 5. The Proposer will, if awarded a Contract, provide to Sourcewell Members the /products and services in accordance with the terms, conditions, and scope of this RFP, with the Proposer-offered specifications, and with the other documents in this solicitation. 6. The Proposer agrees to deliver products and services through valid contracts, purchase orders, or means that are acceptable to Sourcewell Members. Unless otherwise agreed to, the Proposer must provide only new and first-quality products and related services to Sourcewell Members under an awarded Contract. 7. The Proposer will comply with all applicable provisions of federal, state, and local laws, regulations, rules, and orders. 8. The Proposer understands that Sourcewell will reject RFP proposals that are marked “confidential” (or “nonpublic,” etc.), either substantially or in their entirety. Under Minnesota Statute §13.591, Subd. 4, all proposals are considered nonpublic data until the evaluation is complete and a Contract is awarded. At that point, proposals generally become public data. Minnesota Statute §13.37 permits only certain narrowly defined data to be considered a “trade secret,” and thus nonpublic data under Minnesota’s Data Practices Act. The Proposer understands that it is the Proposer’s duty to protect information that it considers nonpublic, and it agrees to defend and indemnify Sourcewell for reasonable measures that Sourcewell takes to uphold such a data designation. By checking this box I acknowledge that I am bound by the terms of the Proposer’s Affidavit, have the legal authority to submit this Proposal on behalf of the Proposer, and that this electronic acknowledgment has the same legal effect, validity, and enforceability as if I had hand signed the Proposal. This signature will not be denied such legal effect, validity, or enforceability solely because an electronic signature or electronic record was used in its formation. - Andrew Roman, Contract Administrator The Proposer declares that there is an actual or potential Conflict of Interest relating to the preparation of its submission, and/or the Proposer foresees an actual or potential Conflict of Interest in performing the contractual obligations contemplated in the bid. Yes No The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document. Check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda. File Name I have reviewed the below addendum and attachments (if applicable) Pages RFP 110719 - Ag Tractors - Addendum_3 -- Fri November 1 2019 07:13 AM RFP110719 - Ag Tractors -Addendum_2 -- Mon October 21 2019 11:45 AM RFP110719 - Ag Tractors - Addendum_1 -- Mon September 23 2019 09:03 AM DocuSign Envelope ID: A6F432FE-0761-48D2-9B2E-9058B9B4A629 Sourcewell RFP #110719 Ag Tractors with Related Attachments, Accessories, and Supplies Page 1 RFP #110719 REQUEST FOR PROPOSALS for Ag Tractors with Related Attachments, Accessories, and Supplies Proposal Due Date: November 07, 2019, 4:30 p.m., Central Time Sourcewell, a State of Minnesota local government agency and service cooperative, is requesting proposals for Ag Tractors with Related Attachments, Accessories, and Supplies 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 November 07, 2019, at 4:30 p.m. Central Time, and late proposals will not be considered. Solicitation Schedule Public Notice of RFP Published: September 19, 2019 Pre-proposal Conference: October 03, 2019, 11:30 a.m., Central Time Question Submission Deadline: October 31, 2019, 4:30 p.m., Central Time Proposal Due Date: November 07, 2019, 4:30 p.m., Central Time Late responses will not be considered. Opening: November 07, 6:30 p.m., Central Time ** ** SEE RFP SUB-SECTION V. G. “OPENING” Sourcewell RFP #110719 Ag Tractors with Related Attachments, Accessories, and Supplies 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 #110719 Ag Tractors with Related Attachments, Accessories, and Supplies 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 Ag Tractors with Related Attachments, Accessories, and Supplies. A Proposer’s offering must include one or more Ag tractor(s) with a published net PTO horsepower rating of at least 100HP. A Proposer’s offering may also include related attachments, accessories, and supplies, such as: Combines, tillage equipment, sprayers, spreaders, planters, seeders, and hay and forage equipment. A Proposer may elect to offer a materials-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 Ag Tractors with Related Attachments, Accessories, and Supplies. This solicitation should NOT be construed to include: a. Agriculture Services; b. Attachment, accessory, and/or supply only solutions; This solicitation does not include those equipment, products, or services covered under categories included in contracts currently maintained by Sourcewell: 1. RFP #032119 Heavy Construction Equipment with Related Accessories, Attachments, and Supplies 2. RFP #040319 Medium Duty and Compact Construction Equipment with Related Attachments, Accessories, and Supplies 3. RFP #041719 Portable Construction Equipment with Related Accessories, and Attachments 4. RFP #012418 Public Utility Equipment with Related Accessories, and Supplies Sourcewell RFP #110719 Ag Tractors with Related Attachments, Accessories, and Supplies Page 4 5. RFP #052417 Roadway Maintenance Equipment with Related Accessories, Attachments, Materials, and Supplies 6. RFP #062117 Grounds Maintenance Equipment, Attachments, Accessories, and Related Services 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 #110719 Ag Tractors with Related Attachments, Accessories, and Supplies 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 $30M; 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. III. PRICING A. REQUIREMENTS Sourcewell RFP #110719 Ag Tractors with Related Attachments, Accessories, and Supplies Page 6 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. IV. 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. Sourcewell RFP #110719 Ag Tractors with Related Attachments, Accessories, and Supplies Page 7 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. V. RFP PROCESS A. PRE-PROPOSAL CONFERENCE Sourcewell will hold an optional, non-mandatory pre-proposal conference via webcast on the date and time noted on page one of this RFP and on the Sourcewell Procurement Portal. The 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 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. Sourcewell RFP #110719 Ag Tractors with Related Attachments, Accessories, and Supplies Page 8 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 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. Sourcewell RFP #110719 Ag Tractors with Related Attachments, Accessories, and Supplies Page 9 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. VI. EVALUATION AND AWARD A. EVALUATION It is the intent of Sourcewell to award one or more contracts to responsive and responsible Proposer(s) offering the best overall quality, selection of equipment, products, and services, and price that meet the commonly requested specifications of Sourcewell and its 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. Sourcewell RFP #110719 Ag Tractors with Related Attachments, Accessories, and Supplies Page 10  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’ 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; Sourcewell RFP #110719 Ag Tractors with Related Attachments, Accessories, and Supplies Page 11  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 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 RFP #110719 Ag Tractors with Related Attachments, Accessories, and Supplies Page 12 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. 9/23/2019 Addendum No. 1 Solicitation Number: RFP 110719 Solicitation Name: Ag Tractors with Related Attachments, Accessories, and Supplies Consider the following Question and Answer to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged. Question 1: What exact tractor and implements are required? Answer 1: Sourcewell utilizes a competitive, solutions-based solicitation approach that is not based on detailed specifications or finite quantities for our cooperative contract awards. A respondent is allowed to propose the entire line of products and services falling within the scope of the RFP. Section II. B. of the RFP addresses the requested equipment, products or services for this solicitation End of Addendum Acknowledgement of this Addendum to RFP 110719 distributed via email and posted to the Sourcewell Procurement Portal on 9/23/2019, is required at the time of proposal submittal. 10/21/2019 Addendum No. 2 Solicitation Number: RFP 110719 Solicitation Name: Ag Tractors with Related Attachments, Accessories, and Supplies Consider the following Questions and Answers to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged. Question 1: Contract template Section 13 (Pg. 7) - Govt. Data Practices - how does this clause apply to a Sourcewell vendor? Answer 1: Sourcewell is a government entity based in Minnesota and therefore must follow the Minnesota Government Data Practices Act. Awarded vendors are also subject to the Act, where applicable, as more fully set forth in Minnesota Statutes Chapter 13. For additional clarification, Proposers should seek guidance from their own legal counsel. Question 2: Contract template Section 20 (Pg. 9) - B. – if our insurer cannot comply with any requirement, how do I communicate the issue in the bid response? Answer 2: Any proposed exception to the contract language, must be included in response Table 15, “Exceptions to Terms, Conditions or Specifications Form”. Proposer's exceptions and proposed modifications are subject to review and approval of Sourcewell and will not automatically be included in the contract. Question 3: Section 23 Federal Requirements when a Sourcewell Member uses federal funds (Pgs. 12-15) - A. EEO - If we cannot comply with a stated requirement, can we propose an exception? If so, will that negatively impact our bid? Answer 3: Any proposed exception to the contract language, must be included in response Table 15, “Exceptions to Terms, Conditions or Specifications Form”. Proposer's exceptions and proposed modifications are subject to review and approval of Sourcewell and will not automatically be included in the contract. All content submitted by a Proposer is subject to evaluation in accordance with the scoring criteria set forth in the RFP. End of Addendum Acknowledgement of this Addendum to RFP 110719 posted to the Sourcewell Procurement Portal on 10/17/2019, is required at the time of proposal submittal. 11/01/2019 Addendum No. 3 Solicitation Number: RFP 110719 Solicitation Name: Ag Tractors with Related Attachments, Accessories, and Supplies Consider the following Questions and Answers to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged. Question 1: The stated maximum file upload size is 500 MB. Is that size for all uploaded documents or is 500 MB for each section where documents can be uploaded? Answer 1: The reference is to individual file upload size. Question 2: Section ll. B. of the RFP, states that a Proposer’s offering must include one or more Ag tractor(s) with a PTO HP rating of at least 100 HP. Proposer has Ag tractors with PTO HP less than 100 HP. Is it acceptable to include those tractors in our response? Answer 2: Each proposer, in its discretion, will propose the equipment, products, and services that it deems to fall within Sourcewell’s requested equipment, products, and services as described in RFP Section II. B (Requested Equipment, Products and Services). The offering must include one or more Ag tractor with a published net PTO horsepower rating of at least 100HP. Question 3: Section ll. B. of RFP, it states may include related “services” that are complementary to the equipment. Would Extended Warranty be an acceptable related service? Answer 3: If the proposer’s primary offering is described in RFP Section II. B. 1., then it may offer its related equipment, accessories, and services that are complementary to the Requested Equipment, Products and Services. Generally speaking, extended warranty would be considered a complementary, related service to the requested equipment and products. Question 4: Will you provide an example of what a 1% or 2% Administrative Fee looks like? Answer 4: Refer to RFP Section III. B. – Administrative Fees, for directions on proposing an administrative fee. It is left to the discretion of each proposer to determine and propose an administrative fee that is consistent with its business and industry. End of Addendum Acknowledgement of this Addendum to RFP 110719 posted to the Sourcewell Procurement Portal on 11/01/2019, is required at the time of proposal submittal. RLS: A21-0675 FILE ID: 21-12411 REPORT TO THE CITY COUNCIL DATE: June 17, 2021 FROM: Scott Mozier, Director, Public Works Department SUBJECT: Approve an Agreement with Economic & Planning Systems, Inc., in the amount of $140,600 with a $30,000 contingency, to prepare an updated nexus study for the Citywide impact fees for Regional Streets, New Growth Area Major Streets, Police Facilities, Fire Facilities, Quimby In-Lieu Parkland Dedication and Park Facilities. (Citywide) RECOMMENDATION: Staff recommends that the Council approve an agreement with Economic & Planning Systems, Inc., (EPS) in the amount of $140,600 with a $30,000 contingency, to prepare an updated nexus study for the Citywide impact fees for Regional Streets, New Growth Area Major Streets, Police Facilities, Fire Facilities, Quimby In-Lieu Parkland Dedication and Park Facilities. EXECUTIVE SUMMARY: The adopted City FY2021 budget included funding to hire a consultant to update the City’s development impact fees for Major Streets, Police, Fire and Park facilities. These impact fees, which serve to mitigate the impacts of new development, were last updated in December 2016, with the exception of the Fire fee which had an interim update in June 2019. In accordance with the Mitigation Fee Act (AB1600) in State law, mitigation impact fees need to be updated every five years, in turn requiring an updated nexus study. The City has conducted a competitive consultant selection process in accordance with the adopted administrative orders, and staff recommends the Council approve the agreement with EPS for the preparation of the nexus study. BACKGROUND: On January 8, 2021, staff issued a Request for Qualifications (RFQ) for a consultant to prepare the analysis required under the Mitigation Fee Act, known as AB1600, including a nexus study for the City’s development impact fees. The interview panel unanimously selected EPS to prepare the nexus study for the impact fee update for Regional Streets, New Growth Area Major Streets, Police and Fire Facilities, Quimby In-Lieu Parkland Dedication and Park Facilities. Staff negotiated the scope of services and associated fee with EPS as the selected consultant and recommends the Council approve the agreement. Funding for the nexus study was included in the FY2021 budget as previously adopted by the Council. The schedule for the consultant’s analysis will allow for completion of the required impact fee update by December 2021. The proposed agreement has been approved as to form by the City Attorney’s Office. [Type here] [Type here] [Type here] 3 4 4 ENVIRONMENTAL FINDINGS: The recommended action of retaining a consultant to update local agency development impact fees is not a project for purposes of CEQA. LOCAL PREFERENCE: Local preference was not applied, as no local consulting firms submitted proposals for the impact fee update. FISCAL IMPACT: There will be no impact to the General Fund from implementation of the recommended action. All funding to update the impact fees was included in the adopted FY2021 budget, and is paid for through the respective development impact fee revenue. ATTACHMENTS: Agreement DPW-S 28.1 /03-24-14 [BMC:prn 05-25-21] -1- AGREEMENT CITY OF FRESNO, CALIFORNIA CONSULTANT SERVICES THIS AGREEMENT is made and entered into effective the ______ day of May 2021, by and between the CITY OF FRESNO, a California municipal corporation (CITY), and Economic & Planning Systems, a California corporation (CONSULTANT). RECITALS WHEREAS, CITY desires to obtain professional public infrastructure financial consulting services for the City of Fresno 2021 Development Impact Fee Update (Project); and WHEREAS, CONSULTANT is engaged in the business of furnishing services as a land economics consulting firm and hereby represents that it desires to and is professionally and legally capable of performing the services called for by this Agreement; and WHEREAS, CONSULTANT acknowledges that this Agreement is subject to the requirements of Fresno Municipal Code Section 4-107 and Administrative Order No. 6-19; and WHEREAS, this Agreement will be administered for CITY by its Public Works Director (Director) or designee. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and of the covenants, conditions, and promises hereinafter contained to be kept and performed by the respective parties, it is mutually agreed as follows: 1. Scope of Services. CONSULTANT shall perform to the satisfaction of CITY the services described in Exhibit A, including all work incidental to, or necessary to perform, such services even though not specifically described in Exhibit A. 2. Term of Agreement and Time for Performance. This Agreement shall be effective from the date first set forth above and shall continue in full force and effect through the earlier of complete rendition of the services hereunder or January 31, 2022, subject to any earlier termination in accordance with this Agreement. The services of CONSULTANT as described in Exhibit A are to commence upon CITY’S issuance of a written “Notice to Proceed.” Work shall be undertaken and completed in a sequence assuring expeditious completion, but in any event, all such services shall be completed within two hundred forty (240) consecutive calendar days from such authorization to proceed. 3. Compensation. (a) CONSULTANT’S sole compensation for satisfactory performance of all services required or rendered pursuant to this Agreement shall be a total fee of One Hundred Forty Thousand Six Hundred Dollars ($140,600), and a contingency amount not to exceed Thirty Thousand Dollars ($30,000) for any additional work rendered pursuant to Subsection (c) below and authorized in writing by the Director. Such fees include all expenses incurred by CONSULTANT in performance of such services. DPW-S 28.1 /03-24-14 [BMC:prn 05-25-21] -2- (b) Detailed statements shall be rendered monthly and will be payable in the normal course of CITY business. (c) The parties may modify this Agreement to increase or decrease the scope of services or provide for the rendition of services not required by this Agreement, which modification shall include an adjustment to CONSULTANT’S compensation. Any change in the scope of services must be made by written amendment to the Agreement signed by an authorized representative for each party. CONSULTANT shall not be entitled to any additional compensation if services are performed prior to a signed written amendment. 4. Termination, Remedies and Force Majeure. (a) This Agreement shall terminate without any liability of CITY to CONSULTANT upon the earlier of: (i) CONSULTANT’S filing for protection under the federal bankruptcy laws, or any bankruptcy petition or petition for receiver commenced by a third party against CONSULTANT; (ii) 7 calendar days prior written notice with or without cause by CITY to CONSULTANT; (iii) CITY’S non-appropriation of funds sufficient to meet its obligations hereunder during any CITY fiscal year of this Agreement, or insufficient funding for the Project; or (iv) expiration of this Agreement. (b) Immediately upon any termination or expiration of this Agreement, CONSULTANT shall (i) immediately stop all work hereunder; (ii) immediately cause any and all of its subcontractors to cease work; and (iii) return to CITY any and all unearned payments and all properties and materials in the possession of CONSULTANT that are owned by CITY. Subject to the terms of this Agreement, CONSULTANT shall be paid compensation for services satisfactorily performed prior to the effective date of termination. CONSULTANT shall not be paid for any work or services performed or costs incurred which reasonably could have been avoided. (c) In the event of termination due to failure of CONSULTANT to satisfactorily perform in accordance with the terms of this Agreement, CITY may withhold an amount that would otherwise be payable as an offset to, but not in excess of, CITY’S damages caused by such failure. In no event shall any payment by CITY pursuant to this Agreement constitute a waiver by CITY of any breach of this Agreement which may then exist on the part of CONSULTANT, nor shall such payment impair or prejudice any remedy available to CITY with respect to the breach. (d) Upon any breach of this Agreement by CONSULTANT, CITY may (i) exercise any right, remedy (in contract, law or equity), or privilege which may be available to it under applicable laws of the State of California or any other applicable law; (ii) proceed by appropriate court action to enforce the terms of the Agreement; and/or (iii) recover all direct, indirect, consequential, economic and incidental damages for the breach of the Agreement. If it is determined that CITY improperly terminated this Agreement for default, such termination shall be deemed a termination for convenience. (e) CONSULTANT shall provide CITY with adequate written assurances of future performance, upon Director’s request, in the event CONSULTANT fails to comply with any terms or conditions of this Agreement. (f) CONSULTANT shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of CONSULTANT and without its fault or negligence such as, acts of God or the public enemy, acts of CITY in its contractual capacity, DPW-S 28.1 /03-24-14 [BMC:prn 05-25-21] -3- fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. CONSULTANT shall notify Director in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, and shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to Director of the cessation of such occurrence. 5. Confidential Information, Ownership of Documents and Copyright License. (a) Any reports, information, or other data prepared or assembled by CONSULTANT pursuant to this Agreement shall not be made available to any individual or organization by CONSULTANT without the prior written approval of CITY. During the term of this Agreement, and thereafter, CONSULTANT shall not, without the prior written consent of CITY, disclose to anyone any Confidential Information. The term Confidential Information for the purposes of this Agreement shall include all proprietary and confidential information of CITY, including but not limited to business plans, marketing plans, financial information, designs, drawings, specifications, materials, compilations, documents, instruments, models, source or object codes and other information disclosed or submitted, orally, in writing, or by any other medium or media. All Confidential Information shall be and remain confidential and proprietary in CITY. (b) Any and all original sketches, pencil tracings of working drawings, plans, computations, specifications, computer disk files, writings and other documents prepared or provided by CONSULTANT pursuant to this Agreement are the property of CITY at the time of preparation and shall be turned over to CITY upon expiration or termination of the Agreement or default by CONSULTANT. CONSULTANT grants CITY a copyright license to use such drawings and writings. CONSULTANT shall not permit the reproduction or use thereof by any other person except as otherwise expressly provided herein. CITY may modify the design including any drawings or writings. Any use by CITY of the aforesaid sketches, tracings, plans, computations, specifications, computer disk files, writings and other documents in completed form as to other projects or extensions of this Project, or in uncompleted form, without specific written verification by CONSULTANT will be at CITY’S sole risk and without liability or legal exposure to CONSULTANT. CONSULTANT may keep a copy of all drawings and specifications for its sole and exclusive use. (c) If CONSULTANT should subcontract all or any portion of the services to be performed under this Agreement, CONSULTANT shall cause each subcontractor to also comply with the requirements of this Section 5. (d) This Section 5 shall survive expiration or termination of this Agreement. 6. Professional Skill. It is further mutually understood and agreed by and between the parties hereto that inasmuch as CONSULTANT represents to CITY that CONSULTANT and its subcontractors, if any, are skilled in the profession and shall perform in accordance with the standards of said profession necessary to perform the services agreed to be done by it under this Agreement, CITY relies upon the skill of CONSULTANT and any subcontractors to do and perform such services in a skillful manner and CONSULTANT agrees to thus perform the services and require the same of any subcontractors. Therefore, any acceptance of such services by CITY shall not operate as a release of CONSULTANT or any subcontractors from said professional standards. DPW-S 28.1 /03-24-14 [BMC:prn 05-25-21] -4- 7. Indemnification. To the furthest extent allowed by law, CONSULTANT shall indemnify, hold harmless and defend CITY and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage), and from any and all claims, demands and actions in law or equity (including reasonable attorney's fees and litigation expenses) that arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of CONSULTANT, its principals, officers, employees, agents or volunteers in the performance of this Agreement. If CONSULTANT should subcontract all or any portion of the services to be performed under this Agreement, CONSULTANT shall require each subcontractor to indemnify, hold harmless and defend CITY and each of its officers, officials, employees, agents and volunteers in accordance with the terms of the preceding paragraph. This section shall survive termination or expiration of this Agreement. 8. Insurance. (a) Throughout the life of this Agreement, CONSULTANT shall pay for and maintain in full force and effect all insurance as required in Exhibit B, which is incorporated into and part of this Agreement, with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated no less than “A-VII” in the Best’s Insurance Rating Guide, or (ii) as may be authorized in writing by CITY'S Risk Manager or designee at any time and in its sole discretion. The required policies of insurance as stated in Exhibit B shall maintain limits of liability of not less than those amounts stated therein. However, the insurance limits available to CITY, its officers, officials, employees, agents and volunteers as additional insureds, shall be the greater of the minimum limits specified therein or the full limit of any insurance proceeds to the named insured. (b) If at any time during the life of the Agreement or any extension, CONSULTANT or any of its subcontractors/sub-consultants fail to maintain any required insurance in full force and effect, all services and work under this Agreement shall be discontinued immediately, and all payments due or that become due to CONSULTANT shall be withheld until notice is received by CITY that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to CITY. Any failure to maintain the required insurance shall be sufficient cause for CITY to terminate this Agreement. No action taken by CITY pursuant to this section shall in any way relieve CONSULTANT of its responsibilities under this Agreement. The phrase “fail to maintain any required insurance” shall include, without limitation, notification received by CITY that an insurer has commenced proceedings, or has had proceedings commenced against it, indicating that the insurer is insolvent. (c) The fact that insurance is obtained by CONSULTANT shall not be deemed to release or diminish the liability of CONSULTANT, including, without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify CITY shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULTANT. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of CONSULTANT, its principals, officers, agents, employees, persons under the supervision of CONSULTANT, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them. DPW-S 28.1 /03-24-14 [BMC:prn 05-25-21] -5- (d) If CONSULTANT should subcontract all or any portion of the services to be performed under this Agreement, CONSULTANT shall require each subcontractor/sub-consultant to provide insurance protection, as an additional insured, to the CITY and each of its officers, officials, employees, agents and volunteers in accordance with the terms of this section, except that any required certificates and applicable endorsements shall be on file with CONSULTANT and CITY prior to the commencement of any services by the subcontractor. CONSULTANT and any subcontractor/sub-consultant shall establish additional insured status for CITY, its officers, officials, employees, agents and volunteers by using Insurance Service Office (ISO) Form CG 20 10 11 85 or both CG 20 10 10 01 and CG 20 37 10 01 or by an executed manuscript company endorsement providing additional insured status as broad as that contained in ISO Form CG 20 10 11 85. 9. Conflict of Interest and Non-Solicitation. (a) Prior to CITY’S execution of this Agreement, CONSULTANT shall complete a City of Fresno conflict of interest disclosure statement in the form as set forth in Exhibit C. During the term of this Agreement, CONSULTANT shall have the obligation and duty to immediately notify CITY in writing of any change to the information provided by CONSULTANT in such statement. (b) CONSULTANT shall comply, and require its subcontractors to comply, with all applicable (i) professional canons and requirements governing avoidance of impermissible client conflicts; and (ii) federal, state and local conflict of interest laws and regulations including, without limitation, California Government Code Section 1090 et. seq., the California Political Reform Act (California Government Code Section 87100 et. seq.), the regulations of the Fair Political Practices Commission concerning disclosure and disqualification (2 California Code of Regulations Section 18700 et. seq.) and Section 4-112 of the Fresno Municipal Code (Ineligibility to Compete). At any time, upon written request of CITY, CONSULTANT shall provide a written opinion of its legal counsel and that of any subcontractor that, after a due diligent inquiry, CONSULTANT and the respective subcontractor(s) are in full compliance with all laws and regulations. CONSULTANT shall take, and require its subcontractors to take, reasonable steps to avoid any appearance of a conflict of interest. Upon discovery of any facts giving rise to the appearance of a conflict of interest, CONSULTANT shall immediately notify CITY of these facts in writing. (c) In performing the work or services to be provided hereunder, CONSULTANT shall not employ or retain the services of any person while such person either is employed by CITY or is a member of any CITY council, commission, board, committee, or similar CITY body. This requirement may be waived in writing by the City Manager, if no actual or potential conflict is involved. (d) CONSULTANT represents and warrants that it has not paid or agreed to pay any compensation, contingent or otherwise, direct or indirect, to solicit or procure this Agreement or any rights/benefits hereunder. (e) Neither CONSULTANT, nor any of CONSULTANT’S subcontractors performing any services on this Project, shall bid for, assist anyone in the preparation of a bid for, or perform any services pursuant to, any other contract in connection with this Project. CONSULTANT and any of its subcontractors shall have no interest, direct or indirect, in any other contract with a third party in connection with this Project unless such interest is in accordance DPW-S 28.1 /03-24-14 [BMC:prn 05-25-21] -6- with all applicable law and fully disclosed to and approved by the City Manager, in advance and in writing. (f) If CONSULTANT should subcontract all or any portion of the work to be performed or services to be provided under this Agreement, CONSULTANT shall include the provisions of this Section 9 in each subcontract and require its subcontractors to comply therewith. (g) This Section 9 shall survive expiration or termination of this Agreement. 10. Recycling Program. In the event CONSULTANT maintains an office or operates a facility(ies), or is required herein to maintain or operate same, within the incorporated limits of the City of Fresno, CONSULTANT at its sole cost and expense shall: (i) Immediately establish and maintain a viable and ongoing recycling program, approved by CITY’S Solid Waste Management Division, for each office and facility. Literature describing CITY recycling programs is available from CITY’S Solid Waste Management Division and by calling City of Fresno Recycling Hotline at (559) 621-1111. (ii) Immediately contact CITY’S Solid Waste Management Division at (559) 621-1452 and schedule a free waste audit, and cooperate with such Division in their conduct of the audit for each office and facility. (iii) Cooperate with and demonstrate to the satisfaction of CITY’S Solid Waste Management Division the establishment of the recycling program in paragraph (i) above and the ongoing maintenance thereof. 11. General Terms. (a) Except as otherwise provided by law, all notices expressly required of CITY within the body of this Agreement, and not otherwise specifically provided for, shall be effective only if signed by the Director or designee. (b) Records of CONSULTANT’S expenses pertaining to the Project shall be kept on a generally recognized accounting basis and shall be available to CITY or its authorized representatives upon request during regular business hours throughout the life of this Agreement and for a period of three years after final payment or, if longer, for any period required by law. In addition, all books, documents, papers, and records of CONSULTANT pertaining to the Project shall be available for the purpose of making audits, examinations, excerpts, and transcriptions for the same period of time. If any litigation, claim, negotiations, audit or other action is commenced before the expiration of said time period, all records shall be retained and made available to CITY until such action is resolved, or until the end of said time period whichever shall later occur. If CONSULTANT should subcontract all or any portion of the services to be performed under this Agreement, CONSULTANT shall cause each subcontractor to also comply with the requirements of this paragraph. This Section 11(b) shall survive expiration or termination of this Agreement. (c) Prior to execution of this Agreement by CITY, CONSULTANT shall have provided evidence to CITY that CONSULTANT is licensed to perform the services called for by this Agreement (or that no license is required). If CONSULTANT should subcontract all or any portion of the work or services to be performed under this Agreement, CONSULTANT shall DPW-S 28.1 /03-24-14 [BMC:prn 05-25-21] -7- require each subcontractor to provide evidence to CITY that subcontractor is licensed to perform the services called for by this Agreement (or that no license is required) before beginning work. 12. Nondiscrimination. To the extent required by controlling federal, state and local law, CONSULTANT shall not employ discriminatory practices in the provision of services, employment of personnel, or in any other respect on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Subject to the foregoing and during the performance of this Agreement, CONSULTANT agrees as follows: (a) CONSULTANT will comply with all applicable laws and regulations providing that no person shall, on the grounds of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity made possible by or resulting from this Agreement. (b) CONSULTANT will not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. CONSULTANT shall ensure that applicants are employed, and the employees are treated during employment, without regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Such requirement shall apply to CONSULTANT’S employment practices including, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. CONSULTANT agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provision of this nondiscrimination clause. (c) CONSULTANT will, in all solicitations or advertisements for employees placed by or on behalf of CONSULTANT in pursuit hereof, state that all qualified applicants will receive consideration for employment without regard to race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. (d) CONSULTANT will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice advising such labor union or workers' representatives of CONSULTANT’S commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (e) If CONSULTANT should subcontract all or any portion of the services to be performed under this Agreement, CONSULTANT shall cause each subcontractor to also comply with the requirements of this Section 12. DPW-S 28.1 /03-24-14 [BMC:prn 05-25-21] -8- 13. Independent Contractor. (a) In the furnishing of the services provided for herein, CONSULTANT is acting solely as an independent contractor. Neither CONSULTANT, nor any of its officers, agents or employees shall be deemed an officer, agent, employee, joint venturer, partner or associate of CITY for any purpose. CITY shall have no right to control or supervise or direct the manner or method by which CONSULTANT shall perform its work and functions. However, CITY shall retain the right to administer this Agreement so as to verify that CONSULTANT is performing its obligations in accordance with the terms and conditions thereof. (b) This Agreement does not evidence a partnership or joint venture between CONSULTANT and CITY. CONSULTANT shall have no authority to bind CITY absent CITY’S express written consent. Except to the extent otherwise provided in this Agreement, CONSULTANT shall bear its own costs and expenses in pursuit thereof. (c) Because of its status as an independent contractor, CONSULTANT and its officers, agents and employees shall have absolutely no right to employment rights and benefits available to CITY employees. CONSULTANT shall be solely liable and responsible for all payroll and tax withholding and for providing to, or on behalf of, its employees all employee benefits including, without limitation, health, welfare and retirement benefits. In addition, together with its other obligations under this Agreement, CONSULTANT shall be solely responsible, indemnify, defend and save CITY harmless from all matters relating to employment and tax withholding for and payment of CONSULTANT'S employees, including, without limitation, (i) compliance with Social Security and unemployment insurance withholding, payment of workers’ compensation benefits, and all other laws and regulations governing matters of employee withholding, taxes and payment; and (ii) any claim of right or interest in CITY employment benefits, entitlements, programs and/or funds offered employees of CITY whether arising by reason of any common law, de facto, leased, or co-employee rights or other theory. It is acknowledged that during the term of this Agreement, CONSULTANT may be providing services to others unrelated to CITY or to this Agreement. 14. Notices. Any notice required or intended to be given to either party under the terms of this Agreement shall be in writing and shall be deemed to be duly given if delivered personally, transmitted by facsimile followed by telephone confirmation of receipt, or sent by United States registered or certified mail, with postage prepaid, return receipt requested, addressed to the party to which notice is to be given at the party's address set forth on the signature page of this Agreement or at such other address as the parties may from time to time designate by written notice. Notices served by United States mail in the manner above described shall be deemed sufficiently served or given at the time of the mailing thereof. 15. Binding. Subject to Section 16, below, once this Agreement is signed by all parties, it shall be binding upon, and shall inure to the benefit of, all parties, and each parties' respective heirs, successors, assigns, transferees, agents, servants, employees and representatives. 16. Assignment. (a) This Agreement is personal to CONSULTANT and there shall be no assignment by CONSULTANT of its rights or obligations under this Agreement without the prior written approval of the City Manager or designee. Any attempted assignment by CONSULTANT, its successors or assigns, shall be null and void unless approved in writing by the City Manager or designee. DPW-S 28.1 /03-24-14 [BMC:prn 05-25-21] -9- (b) CONSULTANT hereby agrees not to assign the payment of any monies due CONSULTANT from CITY under the terms of this Agreement to any other individual(s), corporation(s) or entity(ies). CITY retains the right to pay any and all monies due CONSULTANT directly to CONSULTANT. 17. Compliance With Law. In providing the services required under this Agreement, CONSULTANT shall at all times comply with all applicable laws of the United States, the State of California and CITY, and with all applicable regulations promulgated by federal, state, regional, or local administrative and regulatory agencies, now in force and as they may be enacted, issued, or amended during the term of this Agreement. 18. Waiver. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. No provisions of this Agreement may be waived unless in writing and signed by all parties to this Agreement. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein. 19. Governing Law and Venue. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California, excluding, however, any conflict of laws rule which would apply the law of another jurisdiction. Venue for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any rights and duties hereunder shall be Fresno County, California. 20. Headings. The section headings in this Agreement are for convenience and reference only and shall not be construed or held in any way to explain, modify or add to the interpretation or meaning of the provisions of this Agreement. 21. Severability. The provisions of this Agreement are severable. The invalidity, or unenforceability of any one provision in this Agreement shall not affect the other provisions. 22. Interpretation. The parties acknowledge that this Agreement in its final form is the result of the combined efforts of the parties and that, should any provision of this Agreement be found to be ambiguous in any way, such ambiguity shall not be resolved by construing this Agreement in favor of or against either party, but rather by construing the terms in accordance with their generally accepted meaning. 23. Attorney's Fees. If either party is required to commence any proceeding or legal action to enforce or interpret any term, covenant or condition of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorney's fees and legal expenses. 24. Exhibits. Each exhibit and attachment referenced in this Agreement is, by the reference, incorporated into and made a part of this Agreement. 25. Precedence of Documents. In the event of any conflict between the body of this Agreement and any Exhibit or Attachment hereto, the terms and conditions of the body of this Agreement shall control and take precedence over the terms and conditions expressed within the Exhibit or Attachment. Furthermore, any terms or conditions contained within any Exhibit or Attachment hereto which purport to modify the allocation of risk between the parties, provided for within the body of this Agreement, shall be null and void. DPW-S 28.1 /03-24-14 [BMC:prn 05-25-21] -10- 26. Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity. 27. No Third Party Beneficiaries. The rights, interests, duties and obligations defined within this Agreement are intended for the specific parties hereto as identified in the preamble of this Agreement. Notwithstanding anything stated to the contrary in this Agreement, it is not intended that any rights or interests in this Agreement benefit or flow to the interest of any third parties. 28. Extent of Agreement. Each party acknowledges that they have read and fully understand the contents of this Agreement. This Agreement represents the entire and integrated agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be modified only by written instrument duly authorized and executed by both CITY and CONSULTANT. / / / / / / / / / DPW-S 28.1 /03-24-14 [BMC:prn 05-25-21] -11- IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. CITY OF FRESNO, a California municipal corporation By: Scott L. Mozier, PE, Director Public Works Department ATTEST: YVONNE SPENCE, CMC City Clerk By: Deputy No signature of City Attorney required. Standard Document #DPW-S 28.1 has been used without modification, as certified by the undersigned. By: Scott L Mozier, PE Director Public Works Department REVIEWED BY: Andrew J. Benelli, PE, Assistant Director Public Works Department Addresses: CITY: City of Fresno Attention: Scott L. Mozier, PE, Director 2600 Fresno Street, Room 4016 Fresno, CA 93721-3623 Phone: (559) 621-8811 FAX: (559) 488-1045 Economic & Planning Systems, Inc., 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) Any Applicable Professional License: Number: Name: Date of Issuance: CONSULTANT: Economic & Planning Systems, Inc. Attention: Ellen Martin, Principal P.O. Box 340176 Sacramento, CA 95834 Phone: (916) 649-8010 FAX: (916) 649-2070 Attachments: 1. Exhibit A - Scope of Services 2. Exhibit B - Insurance Requirements 3. Exhibit C - Conflict of Interest Disclosure Form Jason Moody President/Managing Principal Darin Smith Secretary/Managing Principal DPW-S 28.1 /03-24-14 [BMC:prn 05-25-21] Page 1 of 1 Exhibit A SCOPE OF SERVICES Consultant Service Agreement between City of Fresno (City) and Economic & Planning Systems, Inc. (Consultant) 2021 City of Fresno Development Impact Fee Update April 1, 2021 Scott Mozier Public Works Director City of Fresno 2600 Fresno Street, 4th Floor Fresno, CA 93721 Subject: City of Fresno 2021 Development Impact Fee Nexus Study Updates; EPS #212007 Dear Scott: Economic & Planning Systems, Inc. (EPS) appreciates the opportunity to prepare updated nexus studies for several citywide Development Impact Fee Programs for the City of Fresno (City). EPS is a land economics consulting firm experienced in the full spectrum of services related to real estate development, the financing of public infrastructure and government services, land use and conservation planning, and government organization. EPS brings a wealth of experience and expertise to this project, having conducted hundreds of studies for public- and private-sector clients, including development impact fee studies, nexus studies, financing plans, market studies, fiscal projections, regional sales tax analyses, economic impact studies, redevelopment strategies, and public/private negotiations. EPS has assembled a highly qualified consultant team to prepare the nexus study updates. EPS will be the prime contractor and will be responsible for preparing the nexus study updates and the associated technical analysis. EPS will be assisted by Kittelson & Associates, Inc., who will provide traffic analysis support services. Enclosed is a proposed scope of work to prepare nexus study updates for the following citywide development impact fee programs:  Regional and New Growth Area Street Development Impact Fee Program  Fire and Police Facilities Development Impact Fee Program  Park Development Impact Fee Program Exhibit AScope of Services Scott Mozier April 1, 2021 Page 2 Z:\Shared\Proposals\SAC\212000\212007 Fresno DIF\Scope Final\212007 Letter 04-01-21.docx In addition, the City has requested that the nexus study updates include a regional infrastructure burden comparison. The scope of work is detailed in Attachment A. For purposes of defining the work scope and establishing budget estimates for each fee program update, as well as facilitating City departmental-level review of EPS’s proposed work program, EPS has defined each nexus study update as a discrete task. EPS intends, however, that the nexus study updates will be prepared on parallel tracks, which will result in overlap between tasks, particularly with respect to developing land use assumptions and growth forecasts, conducting stakeholder outreach and public presentations, and attending other meetings. EPS has factored this expected overlap into the proposed budget for each fee program update. Staffing EPS Principal Ellen Martin will serve as the Principal-in-Charge on this project, overseeing all aspects of the project and providing technical guidance and policy recommendations. EPS Senior Technical Associate Allison Shaffer will serve as the Project Manager, conducting the day-to-day management tasks associated with coordination between the EPS Team and the City and leading the technical components of the analysis. Additional EPS staff may assist in identifying, collecting, and analyzing data and preparing and producing documents. Proposed Schedule and Budget EPS is prepared to begin work on this project immediately and can complete the nexus study updates on a schedule that meets the City’s needs. Based on input from City staff, EPS anticipates updated development impact fee programs can be implemented by the end of 2021, contingent on the stakeholder outreach process and timing of City Council consideration of the updated impact fees. The estimated budget to complete this work is $140,600. This budget estimate is apportioned to each individual task as shown in the table below and detailed in Attachment B. Note that these budget estimates are preliminary and are subject to further discussion and negotiation. EPS charges for its services on a direct-cost (hourly billing rates plus direct expenses), not-to- exceed basis; therefore, you will be billed only for work completed up to the authorized budget amount. If substantial additional work effort or meeting attendance is requested, EPS will seek authorization for additional budget with the understanding that the terms will be negotiated in good faith. EPS’s 2021 Staff Hourly Billing Rates sheet is attached as Attachment C. Scott Mozier April 1, 2021 Page 3 Z:\Shared\Proposals\SAC\212000\212007 Fresno DIF\Scope Final\212007 Letter 04-01-21.docx EPS appreciates your consideration of this draft proposal and looks forward to working with you to refine the proposed work program and associated budget. Please review the enclosed work program and contact me at (916) 649-8010 if you have questions or require changes to this proposal. Sincerely, ECONOMIC & PLANNING SYSTEMS, INC. (EPS) Ellen Martin Principal Task Proposed Budget Task 1: Initiate Project and Develop Land Use Assumptions $18,200 Task 2: Update Major Streets Fee Program Nexus Study $34,000 Task 3: Update Fire and Police Facilities Fee Program Nexus Study $18,100 Task 4: Update Citywide Park Facilities Impact Fee $18,100 Task 5: Prepare Regional Infrastructure Cost Burden Comparison $6,100 Task 6: Conduct Public Outreach Process $25,400 Task 7: Attend Meetings $20,700 Total All Tasks $140,600 Economic & Planning Systems, Inc. (EPS) Z:\Shared\Proposals\SAC\212000\212007 Fresno DIF\Scope Final\212007 Scope 04-01-21.docx Attachment A Proposed Scope of Work Fresno Development Impact Fee Program Nexus Study Updates Project Understanding and Approach The City is initiating a process to prepare nexus study updates for the following citywide Development Impact Fee Programs: Regional Streets and New Growth Area Major Streets Fire and Police Facilities Park Facilities At the City’s request, EPS, in concert with Kittelson & Associates (collectively the EPS Team), has prepared the enclosed scope of work outlining the proposed work program to complete this work. In addition, EPS prepared needed background analysis as part of the 2016 Nexus Study Fee Updates, including population and employment estimates, traffic analysis, and public safety needs assessments. This prior analysis, as well as facility standards established as part of the most recent General Plan update process will provide the starting point for updating the respective capital improvement programs for each fee program. The EPS Team will focus on equity to establish fees, so each user is paying a fee based on that user’s impact on the facilities in question (i.e., major streets, fire and police, and parks). EPS will determine development impact fees for these capital improvements by evaluating the needs of the specific community, projected new development, and the provisions of Government Code Section 66000. Each fee program will account for and carry forward cash balances and any reimbursements due for developer-constructed infrastructure. For each fee program, EPS will also evaluate the fee program methodology and rates for the urban core area versus the new growth areas, taking into consideration whether reduced rates for the core area may be appropriate. EPS will also evaluate other approaches to reducing the impact fee burden on development in the core areas. The specific tasks and subtasks EPS proposes to complete the work program are outlined below and discussed in detail in the sections to follow: Task 1: Initiate Project and Develop Land Use Assumptions — Subtask 1.1: Initiate Project and Gather Data — Subtask 1.2: Develop Key Land Use Assumptions Task 2: Update Regional Street and New Growth Area Major Streets Impact Fees — Subtask 2.1: Review and Refine Facility Standards and Costs — Subtask 2.2: Prepare Nexus Analysis and Major Streets Impact Fee Program — Subtask 2.3: Prepare and Present Nexus Study Fresno Development Impact Fee Program Nexus Study Updates Proposed Scope of Work Attachment A April 1, 2021 Economic & Planning Systems, Inc. (EPS) Z:\Shared\Proposals\SAC\212000\212007 Fresno DIF\Scope Final\212007 Scope 04-01-21.docx Task 3: Update Fire and Police Facilities Impact Fees — Subtask 3.1: Review and Refine Facility Standards and Costs — Subtask 3.2: Prepare Nexus Analysis and Fire and Police Facilities Impact Fee Program — Subtask 3.3: Prepare and Present Nexus Study Task 4: Update Park Facilities Impact Fees — Subtask 4.1: Review and Refine Facility Standards and Costs — Subtask 4.2: Prepare Nexus Analysis and Park Facilities Impact Fee Program — Subtask 4.3: Prepare and Present Nexus Study Task 5: Prepare Regional Cost Burden Comparison Task 6: Conduct Public Outreach Process Task 7: Attend Meetings Please note that several of the tasks required to complete each Nexus Study will be completed on parallel tracks, as demonstrated by Figure 1 below. Specifically, EPS assumes a single project initiation meeting will be held for all three fee programs; land use assumptions and growth forecasts will be developed once and used for each fee program; and other public outreach, meeting attendance, and City Council presentations can be conducted simultaneously for the three Nexus Study Updates. Task 1: Initiate Project and Develop Land Use Assumptions Subtask 1.1: Initiate Project and Gather Data EPS will meet with the City to finalize the expected work product, scope of services, and project schedule. At this kickoff meeting, EPS and the City should discuss the general approach to updating the fees, key aspects of the fee program methodology, and any key issues that need to be addressed as part of the Nexus Study Update. EPS will work with the City to obtain and review the following data and information: Existing and Projected Development by Land Use (discussed further in the next section for Subtask 1.2) City of Fresno General Plan 2035 Update Development Eligible for Prior Urban Growth Management (UGM) Fee Program UGM Fee Program Fund Balance UGM Fee Program Remaining Infrastructure Obligations and Estimated Costs Most current General Plan Traffic Analysis Major Streets Capital Improvement Program Updated Fire and Police Department Needs Assessment Fire and Police Department Calls for Service Data Available Parks and Recreation Department Master Plan Documents Fresno Development Impact Fee Program Nexus Study Updates Proposed Scope of Work Attachment A April 1, 2021 Economic & Planning Systems, Inc. (EPS) Z:\Shared\Proposals\SAC\212000\212007 Fresno DIF\Scope Final\212007 Scope 04-01-21.docx  City of Fresno Bicycle, Pedestrian, & Trails Master Plan  Existing Fee Program Account Balances  Any Outstanding Debt Service for Existing Fee-Funded Public Safety and Park Facilities  Any Outstanding Developer Credits or Reimbursements Owed The initial scoping refinement, data gathering, and discussion will focus subsequent technical efforts. Subtask 1.2: Develop Key Land Use Assumptions As part of this subtask, the EPS Team will assemble land use capacity and development forecasts. In coordination with the City, the EPS Team will research, assemble, and analyze the City’s existing housing inventory and land use and demographic data to estimate the amount of existing development in each land use category. This estimate may include the use of industry standards for population and employment densities, floor-to-area ratios, and planning documents, as available. The City will assist in providing a summary of the existing land use and development base; needed City planning documents; and other appropriate maps, documents, or data. The EPS team will also review and summarize the 2019 base year land use inventory compiled by the Fresno Council of Governments (Fresno COG) for the regional travel demand model. EPS also will review prior nexus studies, current City General Plan documents, existing and proposed specific plan documents, development capacity, regional growth forecasts in the current version of the Fresno COG travel model, and City data on planned and proposed development. In addition, other published demographic data sources may be used to provide additional support (e.g., Claritas, California Department of Finance, and California Employment Development Department [EDD]). Once the land use categories are defined and land use data are available, the EPS Team will prepare a growth forecast for each land use category, starting with growth projections completed as part of the General Plan update process and the recent Fresno COG travel model update as necessary and appropriate. The EPS Team will also incorporate information provided by the City on specific plans and neighborhood plans that may or may not be fully represented in the overall General Plan land use forecasts. EPS and Kittelson will prepare a table set summarizing preliminary land use growth forecasts for City staff review. Following review and subsequent input from City staff, the EPS Team will prepare a technical memorandum summarizing the key initial land use assumptions developed for use in the Nexus Study Report. Before developing the Nexus Studies, the EPS Team and the City will examine changes in existing and potential land uses and adjust key land use assumptions as necessary to ensure the most relevant growth forecast. Subtask 1.2 Deliverables  Table Set—Preliminary Land Use Assumptions  Technical Memorandum—Summary of City’s Land Uses and Demographics Fresno Development Impact Fee Program Nexus Study Updates Proposed Scope of Work Attachment A April 1, 2021 Economic & Planning Systems, Inc. (EPS) Z:\Shared\Proposals\SAC\212000\212007 Fresno DIF\Scope Final\212007 Scope 04-01-21.docx Figure 1 Fresno DIF Work Program Structure Initiate Project & Gather Data (Subtask 1.1) Prepare Impact Fee Studies Fire & Police (Task 3) Parks (Task 4) Major Streets (Task 2) Review and refine facility  standards  and costs  (Subtask 2.1) Prepare Nexus Analysis and  Major Streets Impact Fee  Program  (Subtask 2.2) Prepare and present Nexus  Study  (Subtask 2.3) Review and refine facility  standards  and costs  (Subtask 3.1) Prepare Nexus Analysis and  FPF Fee Program  (Subtask 3.2) Prepare and present Nexus  Study  (Subtask 3.3) Review and refine facility  standards  and costs (Subtask 4.1) Prepare Nexus Analysis and  Park Facility Impact Fee  Program  (Subtask 4.2) Prepare and present Nexus  Study  (Subtask 4.3) Public Outreach (Task 6) Develop Key Land Use  Assumptions (Subtask 1.2) Meeting Attendance (Task 7) Prepare Regional Cost Burden  Comparison (Task 5) Fresno Development Impact Fee Program Nexus Study Updates Proposed Scope of Work Attachment A April 1, 2021 Economic & Planning Systems, Inc. (EPS) Z:\Shared\Proposals\SAC\212000\212007 Fresno DIF\Scope Final\212007 Scope 04-01-21.docx Task 2: Update Regional Street and New Growth Area Major Streets Impact Fees The existing Regional Street and New Growth Area Major Streets Impact Fee Program (Major Streets Impact Fee Program) includes two fee zones:  Urban Core Zone. Payable by new development in the City’s urban core.  New-Growth Zone. Payable by new City development located in “new growth” areas as determined by the City. In addition, the Major Streets Impact Fee Program funds two categories of roads:  Regional Roads. Regional-serving citywide roadways.  New-Growth Roads. Primarily new growth–serving roadways. EPS will review the fee program methodology utilized in the 2016 Major Streets Impact Fee Program Nexus Study and will provide an updated development impact fee program that takes into consideration updated land use, vehicle miles traveled (VMT), and growth assumptions and street facility needs provided by the City to calculate impact fees scaled to each user’s impact on major streets. The updated Nexus Study will provide the City with the technical documentation necessary to implement the proposed fees. Subtask 2.1: Review and Refine Facility Standards and Costs The City will determine and provide the capital improvement program for the two categories of major streets as described above: regional (citywide) streets and new-growth area major streets. This information will include the analysis used to determine the need for each capital improvement program (CIP) project. The City will determine whether the entire cost or a portion thereof can be fairly allocated to citywide or new-growth areas. In addition to the transportation improvements currently in the Major Streets fee program, the City will also consider including trail improvements, which do not have a current funding source. In particular, the City plans to include trails located adjacent to arterial or other major street facilities. Kittelson will review the City’s analysis and apportionment of costs and offer any necessary refinements. Kittelson will review the available construction cost estimates and offer a professional opinion regarding the validity of the cost estimates for use in the fee update. EPS and Kittelson will meet with City staff and work to reach agreement on updated costs where necessary. It is assumed the review will be limited to unit costs and contingencies and will not include verifying unit quantities. Subtask 2.1 Deliverables  Table Set—Major Streets CIP Assumptions Subtask 2.2: Prepare Nexus Analysis and Major Streets Impact Fee Program Using the validated cost data determined in Subtask 2.1 above, the EPS Team will prepare the Major Streets Impact Fee Program calculations and nexus analysis. The development impact fees will be segregated by land use type, based on the nexus requirements of Assembly Bill Fresno Development Impact Fee Program Nexus Study Updates Proposed Scope of Work Attachment A April 1, 2021 Economic & Planning Systems, Inc. (EPS) Z:\Shared\Proposals\SAC\212000\212007 Fresno DIF\Scope Final\212007 Scope 04-01-21.docx (AB) 1600 and on standard methods of allocating costs. The EPS Team will use the following methodology:  Review/Revise Dwelling Unit Equivalent (DUE) Factors. Development impact fees typically are based on DUEs for various land uses. DUEs convert the demand for public facilities into similar measurement units for various land uses. These DUEs measure the demand for facilities that are generated by each land use type. DUEs for the Major Streets Impact Fee Program will be established based on VMT estimates by land use for the urban core and new growth areas. Kittelson will verify and/or update the VMT estimates for the land use categories contained in the current fee program with current information, including the California Household Travel Survey and the Fresno COG activity-based travel model.  Distribute Infrastructure Costs by Land Use. Based on forecasts of new development developed in Subtask 1.2, EPS will determine the new units served that will benefit from the capital improvements proposed for each fee component. Major Streets improvement costs then are distributed to each land use based on their relative demand for or benefit from each infrastructure component. As such, the maximum justifiable major streets impact fee per DUE is established.  Apply DUE Factors to Determine Fee. The DUE factors multiplied by the cost-per-unit- served establish the maximum justifiable major streets development impact fee by land use. The City will include an administrative cost component to the fee, which would allow the City to recover administrative costs in administering the fee program. EPS will develop a methodology to automatically update and increase the fee on an annual basis for each fee. EPS will summarize the fees by infrastructure group for the City’s review.  Review Ordinances and Resolutions. EPS will review current ordinances and resolutions and propose revisions as necessary to address the City’s implementation of the fees. Issues to be reviewed include timing of fee collection, fee credits, and reimbursement policies. Using the above-described approach, EPS will prepare a draft set of major streets impact fee calculations for the City’s review and feedback. EPS will revise the draft tables as necessary to prepare the final Major Streets Impact Fee Program calculations. Subtask 2.3: Prepare and Present Nexus Study Based on a review of the key assumptions, the subsequent public input, and the analysis prepared in Subtask 2.2, EPS will prepare an Administrative Draft Report documenting the maximum justifiable development impact fees for City staff review and comment. The report will state the maximum justifiable development impact fees for each land use and the necessary supporting analysis and findings. The report will also take into consideration and will evaluate the implications of implementing economic incentives for certain fee program areas (e.g., the urban-core zone) or land uses. Following the internal review, EPS will prepare a Public Review Draft Report for stakeholder review (described under Task 6 below). With the feedback and comments obtained from these reviews, EPS will prepare a Draft Hearing Report for City Council review and will seek approval or direction. Task 7 includes EPS’s attendance at one City Council meeting. Fresno Development Impact Fee Program Nexus Study Updates Proposed Scope of Work Attachment A April 1, 2021 Economic & Planning Systems, Inc. (EPS) Z:\Shared\Proposals\SAC\212000\212007 Fresno DIF\Scope Final\212007 Scope 04-01-21.docx The presentation with the City Council and workshops with the community are included in the budget that follows. If additional meetings or presentations are required, EPS will request the City’s consideration for authorization of additional budget. Subtask 2.3 Deliverables  Administrative Draft Major Streets Impact Fee Program Nexus Study Update  Public Review Draft Major Streets Impact Fee Program Nexus Study Update  Draft Hearing Report Task 3: Update Fire and Police Facilities Impact Fees EPS proposes the following subtasks to prepare the updated Fire and Police Facilities (FPF) Fee Program and Nexus Report for the City. This proposed scope of work is consistent with EPS’s current understanding of the City’s needs. The City currently charges separate fire and police facilities fees on a citywide basis. Drawing on industry best practices, EPS will review the current fee program methodology and will provide an updated development impact fee program that takes into consideration updated land use and growth assumptions and public safety facility needs to calculate impact fees scaled to each user’s impact on police and fire facilities. Subtask 3.1: Review and Refine Facility Standards and Costs EPS will review updated public safety needs assessment documentation and will review and confirm existing standards with the City. In preparation of the Nexus Study, EPS will analyze the value of existing fire and police facilities, taking into consideration any outstanding debt service on existing facilities. Using existing City documents, nexus studies, and other data provided by the City, EPS will review, validate, and confirm the value of existing facilities. In addition, EPS will work closely with the City to develop and review the existing CIP and projected cost of fire and police facility needs projected to serve future development. As part of this subtask, EPS will meet and coordinate with City staff to understand areas of the police and fire master plans that the City wishes to focus on in infrastructure review (such as an emergency vehicle traffic light pre-emption system to allow safe passage of emergency vehicles through traffic lights at an intersection). EPS assumes City staff will provide recent fire station and other related cost data. EPS will review the available construction cost estimates and offer a professional opinion regarding the validity of those costs. As part of this review, EPS will gather updated information on key cost assumptions. Typical police and fire expenditures will be derived from comparable project information supplemented by in-house resources and cost estimation manuals as necessary. In concert with City staff, EPS will also consider public safety facility costs attributable to new development in the new growth areas of the City versus development in the City’s urban core. EPS then will meet with City staff and work to reach agreement on updated unit costs where necessary. It is assumed the review will be limited to unit costs and contingencies and will not include verifying unit quantities. Fresno Development Impact Fee Program Nexus Study Updates Proposed Scope of Work Attachment A April 1, 2021 Economic & Planning Systems, Inc. (EPS) Z:\Shared\Proposals\SAC\212000\212007 Fresno DIF\Scope Final\212007 Scope 04-01-21.docx Subtask 3.1 Deliverables  Table Set—Fire and Police Facilities CIP Assumptions Subtask 3.2: Prepare Nexus Analysis and FPF Fee Program In this subtask, EPS will calculate the development impact fees for fire and police facilities identified in Subtask 3.1 above. The development impact fees will be segregated by land use type, based on the nexus requirements of AB 1600 and on standard methods of allocating costs. EPS will use the following methodology:  Review Previous Nexus Studies. EPS will review the existing “Fire & Police Facilities Impact Fees” Nexus Studies, which will serve as the basis for the update of the various impact fee programs.  Review/Revise DUE Factors. Development impact fees typically are based on DUEs for various land uses. DUEs convert the demand for public facilities into similar measurement units for various land uses. These DUEs measure the demand for facilities that are generated by each land use type. For public safety facilities, DUE factors likely will be based on calls for service or other metrics that accurately measure and distinguish the demands generated for public safety services by land use type. In conjunction with City staff, EPS will review and revise, if necessary, the DUE factors for each land use to be charged.  Distribute Infrastructure Costs by Land Use. Based on new development forecasts developed in Subtask 1.2, EPS will determine the new units served that will benefit from the capital improvements proposed for each fee component (fire and police). The infrastructure costs then are distributed to each land use, based on their relative demand for or benefit from each infrastructure component. As such, a cost-per-unit-served is established. Public safety facility costs-per-unit-served may vary based on the location of new development, i.e., the urban core area versus the new growth area.  Apply DUE Factors to Determine Fee. The DUE factors multiplied by the cost-per-unit- served establish the development impact fee by infrastructure group and land use. The City will include an administrative cost component to the fee, which would allow the City to recover administrative costs in administering the fee program. EPS will develop a methodology to automatically update and increase the fee on an annual basis for each fee. EPS will summarize the fees by infrastructure group for the City’s review.  Review Ordinances and Resolutions. EPS will review current ordinances and resolutions and propose revisions as necessary to address the City’s implementation of the fees. Issues to be reviewed include timing of fee collection, fee credits, and reimbursement policies. Subtask 3.3: Prepare and Present Nexus Study Based on a review of the key assumptions, the subsequent public input, and the analysis prepared in Subtask 3.2, EPS will prepare an Administrative Draft Report for City staff review and comment. The study will state the maximum justifiable fees for each land use and the necessary supporting analysis and findings. The study will also consider application of economic incentives or other approaches to reduce the impact fee burden for specific fee program areas (e.g., the urban-core) or land uses. Following the internal review, EPS will prepare a Public Fresno Development Impact Fee Program Nexus Study Updates Proposed Scope of Work Attachment A April 1, 2021 Economic & Planning Systems, Inc. (EPS) Z:\Shared\Proposals\SAC\212000\212007 Fresno DIF\Scope Final\212007 Scope 04-01-21.docx Review Draft Report for stakeholder review (described under Task 6 below). With the feedback and comments obtained from these reviews, EPS will prepare a Draft Hearing Report for the City Council and will seek approval or direction. Task 7 includes EPS’s attendance at one City Council meeting. The presentation with the City Council and workshops with the community are included in the budget that follows. If additional meetings or presentations are required, EPS will request the City’s consideration for authorization of additional budget. Subtask 3.3 Deliverables  Administrative Draft FPF Nexus Study Update  Public Review Draft FPF Nexus Study Update  Draft Hearing Report Task 4: Update Park Facilities Impact Fees The EPS Team proposes the following subtasks to complete an update to the Park Facilities Impact Fee Nexus Study. The Park Facilities Nexus Study document will include the required nexus findings to support City adoption of the updated Park Facilities Impact Fee Program. The current citywide Park Facilities Impact Fee is computed based on a facility-standard approach that includes funding for community and park facilities. The existing fee also includes a land (Quimby) component. The proposed work program will evaluate the current facility standard approach, whereby the impact fee is set based on an identified level-of-service standard. An alternative approach would be to use a CIP approach that details the specific facilities desired by the City and develops a funding program based on a prioritized set of desired facilities. This work program will culminate in presentation of a Park Facilities Nexus Study and fee ordinance for City Council consideration. Subtask 4.1: Review and Refine Facility Standards and Costs EPS will work with the City to identify park facility capital requirements that will provide the basis for establishing an impact fee for new development. EPS will review the current Park Facilities Impact Fee Nexus Study and any existing Park master planning documents to determine the full range of park facilities programmed or desired by the City. EPS will review the City’s current facility standard approach to computing park facility costs and will evaluate this methodology in terms of the City’s ability to fund desired neighborhood and community park facilities. Based on the outcome of this review, EPS may work with the City to develop an alternative, CIP-based approach to programming park facilities and will review, comment on, and validate associated cost estimates developed by the City. This review will consider the potential for varying park facility needs between the urban core area and the new growth areas of the City, as well as any outstanding debt services on existing park facilities. As part of the review of park facility costs, EPS will identify the portion of park facility costs attributable to trail facilities to facilitate later analysis of alternative funding strategies for this fee program component. Fresno Development Impact Fee Program Nexus Study Updates Proposed Scope of Work Attachment A April 1, 2021 Economic & Planning Systems, Inc. (EPS) Z:\Shared\Proposals\SAC\212000\212007 Fresno DIF\Scope Final\212007 Scope 04-01-21.docx Subtask 4.1 Deliverables Table Set—Park CIP Assumptions Subtask 4.2: Prepare Nexus Analysis and Park Facilities Impact Fee Program Using the validated cost data determined in Subtask 4.1 above, EPS will prepare the Park Facilities Impact Fee Program calculations and Nexus Study. In the process of developing final fee recommendations, EPS will develop alternative fee levels and methodologies of developing the fees for the City’s consideration. Alternatives will include evaluation of the following variables: Total Funding Amount. Several different levels of revenue to be generated by the park improvements fee will be evaluated, ranging from the amount that would be generated from the current fees to the amount needed to construct all desired improvements. This analysis will include an evaluation of the facility standard approach versus a fully programmed CIP approach and will include an analysis of fee program funding alternatives for the trail component of the Park Facilities Impact Fee Program (i.e., should this component be funded through the Park Facilities Impact Fee Program or should it instead be included in the Major Streets Impact Fee Program?). Fee Zones. EPS will evaluate and develop alternatives to assess the effect of varying park development fees in different zones of the City. The varying fees will be based on different park needs in different parts of the City. Tiered Fee Rates. EPS will evaluate the viability of establishing a tiered fee program either based on level of service or separating the fee program into multiple components (e.g., one component for community park facilities and another component for neighborhood park facilities). For all alternatives and for the final fee structure recommendation, EPS will use the following methodology to develop fee calculations: Review/Revise DUE Factors. Development impact fees typically are based on DUEs for various land uses. DUEs convert the demand for public facilities into similar measurement units for various land uses. These DUEs measure the demand for facilities that are generated by each land use type. In conjunction with City staff, EPS will review and revise, if necessary, the DUE factors for each land use to be charged. Distribute Infrastructure Costs by Land Use. Based on new development forecasts developed in Subtask 1.2, EPS will determine the new units served that will benefit from the capital improvements proposed for each fee component. Park facilities costs then are distributed to each land use based on their relative demand for or benefit from each infrastructure component. As such, a maximum justifiable park improvements fee per DUE is established. Apply DUE Factors to Determine Fee. The DUE factors multiplied by the cost-per-unit- served establish the maximum justifiable park development impact fee by land use. The City will include an administrative cost component to the fee, which will allow the City to recover administrative costs in administering the fee program. EPS will develop a methodology to Fresno Development Impact Fee Program Nexus Study Updates Proposed Scope of Work Attachment A April 1, 2021 Economic & Planning Systems, Inc. (EPS) Z:\Shared\Proposals\SAC\212000\212007 Fresno DIF\Scope Final\212007 Scope 04-01-21.docx automatically update and increase the fee on an annual basis for each fee. EPS will summarize the fees by infrastructure group for the City’s review.  Review Ordinances and Resolutions. EPS will review current ordinances and resolutions and propose revisions as necessary to address the City’s implementation of the fees. Issues to be reviewed include timing of fee collection, fee credits, and reimbursement policies. Using the above-described approach, EPS will prepare a draft set of park facilities fee calculations for the City’s review and feedback. EPS will revise the draft tables as necessary to prepare the final Park Facilities Impact Fee Program calculations. Subtask 4.3: Prepare and Present Nexus Study Based on a review of the key assumptions, the subsequent public input, and the analysis prepared in Subtask 4.2, EPS will prepare an Administrative Draft Report for City staff review and comment. The study will state the maximum justifiable fees for each land use and the necessary supporting analysis and findings. The study will also consider application of economic incentives or other approaches to reduce the impact fee burden for specific fee program areas (e.g., the urban-core) or land uses. Following the internal review, EPS will prepare a Public Review Draft Report for stakeholder review (described under Task 6 below). With the feedback and comments obtained from these reviews, EPS will prepare a Draft Hearing Report for the City Council and will seek approval or direction. Task 7 includes EPS’s attendance at one City Council meeting. The presentation with the City Council and workshops with the community are included in the budget that follows. If additional meetings or presentations are required, EPS will request the City’s consideration for authorization of additional budget. Subtask 4.3 Deliverables  Administrative Draft Park Facilities Nexus Study Update  Public Review Draft Park Facilities Nexus Study Update  Draft Hearing Report Task 5: Prepare Regional Infrastructure Cost Burden Comparison Using sample or prototype development projects provided by the City, EPS will provide a comparison of fees, bond debt, and annual special taxes and assessments for single-family residential, retail, and industrial land uses. The infrastructure cost burden comparison will compare total infrastructure costs for development in the City’s urban-core area as well as the new growth areas. In addition, EPS will work with the City to select several competitive jurisdictions to provide further basis for comparison. The analysis will contain city and county fees, project-specific fees if applicable, other agency fees, and any bond debt or assessments for infrastructure to be levied against the property. In addition to the City’s urban-core and new growth areas, the analysis may include jurisdictions such as the Cities of Bakersfield, Clovis, Merced, Modesto, Selma, Stockton, and Visalia. EPS Fresno Development Impact Fee Program Nexus Study Updates Proposed Scope of Work Attachment A April 1, 2021 Economic & Planning Systems, Inc. (EPS) Z:\Shared\Proposals\SAC\212000\212007 Fresno DIF\Scope Final\212007 Scope 04-01-21.docx proposes preparing the fee comparison for the same jurisdictions and land uses included in the prior cost burden comparison prepared by EPS in 2016 with the option of revising the jurisdictions at the City’s request. The jurisdictions included in the prior comparison are: Clovis (Areas 1, 3, and 5), Modesto (Citywide), Visalia (Northeast Specific Plan Area and Remaining City), and Bakersfield (Core and Non-core Areas). Task 5 Deliverables Technical Table Set—Infrastructure Cost Burden Comparison Task 6: Conduct Public Outreach Process The success of the Major Streets, Fire and Police, and Parks Impact Fee Programs depends on the involvement and collaboration of stakeholders and the public. To ensure that the outcome of the Fee Program Updates reflects community values and input, EPS proposes a transparent public outreach program. This proposed program is based on previous successful projects completed by EPS. The proposed public outreach program includes stakeholder updates at critical milestones and the use of public workshops to encourage community participation. EPS suggests a series of additional outreach efforts by City staff to inform and update stakeholders such as e-mail or Web site updates. The EPS Team will collaborate with City staff to refine the final program. This scope is based on the assumption the City will develop and distribute meeting notices and agendas jointly produced with EPS before scheduled meetings. EPS recommends sign-in sheets, minutes, and supporting visual aids such as maps and handouts to assist the discussions be made available for distribution at each meeting. Following each public workshop, EPS will prepare meeting minutes summarizing the key items and discussion points from each workshop. All EPS materials will be provided to City staff for review before distribution. Further, EPS will provide hard copies of all presentations and relevant supporting documentation for distribution. EPS has scoped up to 6 workshops and presentations, assuming the use of materials and presentations generated from other project subtasks. This includes up to 5 meetings with stakeholders. EPS has scoped 3 stakeholder meetings at key junctures: one to discuss key land use and facility cost assumptions, a second to discuss the nexus analyses and proposed fee schedules, and a third to present and discuss the Public Review Draft reports. EPS also will plan for 2 additional stakeholder workshops to accommodate special issues that may arise during the Nexus Study Update process. EPS assumes that EPS will attend up to 2 of the stakeholder meetings in person and the other 3 will be held via teleconference. Kittelson will attend up to one in person workshop and others (as needed) via teleconference. In addition, the scope includes attendance at one City Council meeting. If additional EPS attendance or presentations are requested, additional budget may be required that will be billed on a time-and-materials basis according to current billing rates. At a minimum, EPS recommends the following outreach elements: Develop Stakeholder Group Database. The City will provide a list of stakeholders for use during development of the Fee Program Updates. The list may include elected officials, City representatives, developers, community leaders, neighborhood and business associations, planning professionals, and other pertinent stakeholders. The City also will provide all public Fresno Development Impact Fee Program Nexus Study Updates Proposed Scope of Work Attachment A April 1, 2021 Economic & Planning Systems, Inc. (EPS) Z:\Shared\Proposals\SAC\212000\212007 Fresno DIF\Scope Final\212007 Scope 04-01-21.docx posting requirements as necessary such as California Environmental Quality Act (CEQA) requirements, AB 1600 posting requirements, and public meeting requirements. Workshop #1: Key Assumption: Growth Forecasts, Land Use, and CIP. After Subtasks 1.2, 2.1, 3.1, and 4.1, the City should conduct a public workshop with the stakeholder group to share the resulting key assumptions used in the Nexus Study process. EPS will attend, assisted by Kittelson. Workshop #2: Introduce and Discuss Nexus Analysis. After incorporating key assumptions and developing a nexus methodology (Subtasks 2.2, 3.2, and 4.2), EPS recommends a workshop to introduce the proposed nexus methodologies and fee schedules. This workshop should be designed to encourage stakeholder comment to allow City staff to identify stakeholder concerns, address known issues, and build consensus. EPS will attend, and Kittelson will assist EPS with this workshop. Workshop #3: Introduce and Discuss Public Review Draft Nexus Study. With City staff and stakeholder feedback, EPS will produce Administrative Draft Nexus Study reports for City staff. Following this review, EPS will prepare revised Public Review Draft Nexus Study reports. EPS recommends a workshop with the stakeholder group, including a review of assumptions and analysis and an introduction to the proposed Nexus Studies. EPS and Kittelson will attend. Additional Stakeholder Workshops. As special issues arise related to development of the Fee Programs, additional stakeholder outreach or meetings may be warranted. EPS and Kittelson will attend up to 2 additional stakeholder workshops to accommodate this possibility. Draft and Distribute Meeting Minutes. To demonstrate responsiveness and cooperation with the stakeholder group, after each workshop, EPS will summarize and memorialize key concerns or issues that require resolution. These meeting minutes should be distributed to the entire stakeholder group. Task 6 Deliverables Stakeholder Group meetings and presentations (up to 5) Task 7: Attend Meetings In addition to the project initiation meeting described in Subtask 1.1, EPS and Kittelson will be available for up to 2 additional in-person meetings with City staff or the City Manager, for a total of 3 in-person meetings with City staff. As necessary, EPS also will be available to meet with City staff via teleconference. This scope of work is based on the assumption that up to 8 additional 1–hour teleconferences will be necessary over the course of the project. EPS and Kittelson will also be available to attend one City Council meeting to present the Draft Hearing Report, review the proposed program with the City Council in a public workshop setting and to seek adoption or direction from the City Council. DRAFT Table 1 City of Fresno Development Impact Fee Nexus Study Updates Proposed Budget Estimate Grand Total Task/Description EPS Kittelson Task 1: Initiate Project and Develop Land Use Assumptions Subtask 1.1: Initiate Project and Gather Data [2] $5,670 $2,022 $7,692 Subtask 1.2: Develop Key Land Use Assumptions $5,830 $4,658 $10,488 Total Task 1: Initiate Project and Develop Land Use Assumptions $11,500 $6,680 $18,180 Task 2: Update Regional Street and New Growth Area Major Streets Subtask 2.1: Review and Refine Facility Standards and Costs $4,720 $5,819 $10,539 Subtask 2.2: Prepare Nexus Analysis and Major Streets Impact Fee Program $7,010 $10,906 $17,916 Subtask 2.3: Prepare and Present Nexus Study $5,545 $0 $5,545 Total Task 2: Update Regional Street and New Growth Area Major Streets $17,275 $16,725 $34,000 Task 3: Update Fire and Police Facilities Fee Program Nexus Study Subtask 3.1: Review and Refine Facility Standards and Costs $2,950 $0 $2,950 Subtask 3.2: Prepare Nexus Analysis and FPF Fee Program $8,310 $0 $8,310 Subtask 3.3: Prepare and Present Nexus Study $6,845 $0 $6,845 Total Task 3: Update Fire and Police Facilities Fee Program Nexus Study $18,105 $0 $18,105 Task 4: Update Citywide Park Facilities Impact Fee Subtask 4.1: Review and Refine Facility Standards and Costs $2,950 $0 $2,950 Subtask 4.2: Prepare Nexus Analysis and Park Facility Fee Program $8,310 $0 $8,310 Subtask 4.3: Prepare and Present Nexus Study $6,845 $0 $6,845 Total Task 4: Update Citywide Park Facilities Impact Fee $18,105 $0 $18,105 Task 5: Prepare Regional Infrastructure Cost Burden Comparison $6,055 $0 $6,055 Task 6: Conduct Public Outreach Process Workshop #1 $2,355 $1,151 $3,506 Workshop #2 $5,645 $3,686 $9,331 Workshop #3 $5,645 $1,056 $6,701 Potential Additional Workshops (up to 2)$3,380 $2,439 $5,819 Total Task 6: Conduct Public Outreach Process $17,025 $8,333 $25,358 Task 7: Attend Meetings $14,300 $6,450 $20,750 (up to 3 in person or teleconference meetings plus up to 8 additional 1-hour teleconferences as needed) Total Project Costs $102,365 $38,189 $140,554 TOTAL ROUNDED $102,400 $38,200 $140,600 pbud total Total Budget Proposed Budget [1,2]GRAND TOTAL Prepared by EPS 4/1/2021 Z:\Shared\Proposals\SAC\212000\212007 Fresno DIF\Scope Final\212007 pbud REV.xls ATTACHMENT B DRAFTTable 2City of Fresno Development Impact Fee Nexus Study UpdatesProposed Budget EstimateEPSPrincipalin ChargeProjectManagerResearch AnalystProjectAdvisorTask/DescriptionMartinShaffer TBDGomesTask 1: Initiate Project and Develop Land Use AssumptionsSubtask 1.1: Initiate Project and Gather Data [2]3151500 $5,670$0$5,670Subtask 1.2: Develop Key Land Use Assumptions3151502 $5,830$0$5,830Total Task 1: Initiate Project and Develop Land Use Assumptions6303002 $11,500$0 $11,500Task 2: Update Regional Street and New Growth Area Major StreetsSubtask 2.1: Review and Refine Facility Standards and Costs810500 $4,720$0$4,720Subtask 2.2: Prepare Nexus Analysis and Major Streets Impact Fee Program5152002 $7,010$0$7,010Subtask 2.3: Prepare and Present Nexus Study5101025 $5,545$0$5,545Total Task 2: Update Regional Street and New Growth Area Major Streets18353527 $17,275$0 $17,275Task 3: Update Fire and Police Facilities Fee Program Nexus StudySubtask 3.1: Review and Refine Facility Standards and Costs55500 $2,950$0$2,950Subtask 3.2: Prepare Nexus Analysis and FPF Fee Program5153002 $8,310$0$8,310Subtask 3.3: Prepare and Present Nexus Study5102025 $6,845$0$6,845Total Task 3: Update Fire and Police Facilities Fee Program Nexus Study15305527 $18,105$0 $18,105Task 4: Update Citywide Park Facilities Impact FeeSubtask 4.1: Review and Refine Facility Standards and Costs 5 5 5 00 $2,950 $0$2,950Subtask 4.2: Prepare Nexus Analysis and Park Facility Fee Program5153002 $8,310$0$8,310Subtask 4.3: Prepare and Present Nexus Study5102025 $6,845$0$6,845Total Task 4: Update Citywide Park Facilities Impact Fee15305527 $18,105$0 $18,105Task 5: Prepare Regional Infrastructure Cost Burden Comparison253500 $6,055$0$6,055Task 6: Conduct Public Outreach ProcessWorkshop #144011 $2,205 $150$2,355Workshop #21210011 $5,495 $150$5,645Workshop #31210011 $5,495 $150$5,645Potential Additional Workshops (up to 2)85010 $3,380$0$3,380Total Task 6: Conduct Public Outreach Process3629043 $16,575 $450 $17,025Task 7: Attend Meetings 3030000 $13,800 $500 $14,300(1 City Council Meeting and up to 3 in person or teleconference meetings plus up to 8 additional 1-hour teleconferences as needed)Total Task Hours122189 21010 26 $101,415 $950 $102,365Hourly Billing Rates [3]$265$195 $130 $285 $80Total Project Costs$32,330 $36,855 $27,300 $2,850 $2,080 $101,415 $950 $102,365TOTAL ROUNDED$102,400pbud eps[1] Includes costs related to travel, acquiring data, mileage, reproduction, and other non-staff costs.[2] Kick-off meeting attendance accounted for under meeting attendance task.[3] Based on billing rates applicable during calendar year 2021 and subject to change annually.ProductionStaff Cost SubtotalDirect Costs [1]TOTAL EPSEPS StaffEconomic & Planning Systems, Inc.Prepared by EPS 4/1/2021Z:\Shared\Proposals\SAC\212000\212007 Fresno DIF\Scope Final\212007 pbud REV.xlsATTACHMENT B DRAFTTable 3City of Fresno Development Impact Fee Nexus Study UpdatesProposed Budget EstimateKittelsonTask/DescriptionTransportationTask ManagerTransportationEngineerTravelForecastingAronson SoteloMusunuruTask 1: Initiate Project and Develop Land Use AssumptionsSubtask 1.1: Initiate Project and Gather Data [2]228 $2,022 $0$2,022Subtask 1.2: Develop Key Land Use Assumptions6220 $4,658 $0$4,658Total Task 1: Initiate Project and Develop Land Use Assumptions8428 $6,680 $0 $6,680Task 2: Update Regional Street and New Growth Area Major StreetsSubtask 2.1: Review and Refine Facility Standards and Costs21220 $5,819 $0$5,819Subtask 2.2: Prepare Nexus Analysis and Major Streets Impact Fee Program81640 $10,906 $0$10,906Subtask 2.3: Prepare and Present Nexus Study000 $0 $0$0Total Task 2: Update Regional Street and New Growth Area Major Streets102860 $16,725 $0 $16,725Task 3: Update Fire and Police Facilities Fee Program Nexus StudySubtask 3.1: Review and Refine Facility Standards and Costs000 $0$0$0Subtask 3.2: Prepare Nexus Analysis and FPF Fee Program000 $0 $0$0Subtask 3.3: Prepare and Present Nexus Study000 $0 $0$0Total Task 3: Update Fire and Police Facilities Fee Program Nexus Study0 0 0$0$0$0Task 4: Update Citywide Park Facilities Impact FeeSubtask 4.1: Review and Refine Facility Standards and Costs 0 0 0 $0$0$0Subtask 4.2: Prepare Nexus Analysis and Park Facility Fee Program000 $0 $0$0Subtask 4.3: Prepare and Present Nexus Study000 $0 $0$0Total Task 4: Update Citywide Park Facilities Impact Fee000 $0 $0 $0Task 5: Prepare Regional Infrastructure Cost Burden Comparison000 $0 $0 $0Task 6: Conduct Public Outreach ProcessWorkshop #1303 $1,151 $0$1,151Workshop #2880 $3,686 $0$3,686Workshop #3033 $1,056 $0$1,056Potential Additional Workshops (up to 2)363 $2,439 $0$2,439Total Task 6: Conduct Public Outreach Process14179 $8,333 $0 $8,333Task 7: Attend Meetings 12124 $6,080 $370 $6,450(1 City Council Meeting and up to 3 in person or teleconference meetings plus up to 8 additional 1-hour teleconferences as needed)Total Task Hours4461101 $37,819 $370 $38,189Hourly Billing Rates [3]$246.22 $214.58 $137.58Total Project Costs$10,834 $13,089 $13,896 $37,819 $370 $38,189TOTAL ROUNDED$38,200pbud kittelson[1] Includes costs related to travel, acquiring data, mileage, reproduction, and other non-staff costs.[2] Kick-off meeting attendance accounted for under meeting attendance task.[3] Based on billing rates applicable during calendar year 2021 and subject to change annually.Kittelson StaffKittelsonStaff Cost SubtotalDirect Costs [1]TOTAL KittelsonPrepared by EPS 4/1/2021Z:\Shared\Proposals\SAC\212000\212007 Fresno DIF\Scope Final\212007 pbud REV.xlsATTACHMENT B 202 E Prod Billing 2 1 H O U Executive/Se Senior T R uction and A rates update U RLY B Managing P Senior P P enior Vice Pr Senior Con Vice Pr Technical As Senior As As Research An Research An Administrativ ed annually. B ILLING Sacr Principal Principal Principal resident nsultant resident ssociate ssociate ssociate nalyst II nalyst I ve Staff G R ATE ramento Offi $285–$30 $35 $26 $24 $24 $2 $19 $18 $17 $13 $9 $8 E S ce 00 50 65 40 40 15 95 85 70 30 95 80 ATTACHMENT C DPW-S 28.1 /03-24-14 [BMC:prn 05-25-21] Page 1 of 4 Exhibit B INSURANCE REQUIREMENTS Consultant Service Agreement between City of Fresno (CITY) and Economic & Planning Systems, Inc. (CONSULTANT) 2021 City of Fresno Development Impact Fee Update MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: 1. The most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01, providing liability coverage arising out of your business operations. The Commercial General Liability policy shall be written on an occurrence form and shall provide coverage for “bodily injury,” “property damage” and “personal and advertising injury” with coverage for premises and operations (including the use of owned and non-owned equipment), products and completed operations, and contractual liability (including, without limitation, indemnity obligations under the Agreement) with limits of liability not less than those set forth under “Minimum Limits of Insurance.” 2. The most current version of ISO *Commercial Auto Coverage Form CA 00 01, providing liability coverage arising out of the ownership, maintenance or use of automobiles in the course of your business operations. The Automobile Policy shall be written on an occurrence form and shall provide coverage for all owned, hired, or non-owned automobiles or other licensed vehicles (Code 1- Any Auto). If personal automobile coverage is used, the CITY, its officers, officials, employees, agents and volunteers are to be listed as additional insureds. 3. Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. 4. Professional Liability (Errors and Omissions) insurance appropriate to CONSULTANT’S profession. Architect’s and engineer’s coverage is to be endorsed to include contractual liability. MINIMUM LIMITS OF INSURANCE CONSULTANT, or any party the CONSULTANT subcontracts with, shall maintain limits of liability of not less than those set forth below. However, insurance limits available to CITY, its officers, officials, employees, agents, and volunteers as additional insureds, shall be the greater of the minimum limits specified herein or the full limit of any insurance proceeds available to the named insured: 1. COMMERCIAL GENERAL LIABILITY: (i) $1,000,000 per occurrence for bodily injury and property damage; (ii) $1,000,000 per occurrence for personal and advertising injury; (iii) $2,000,000 aggregate for products and completed operations; and, (iv) $2,000,000 general aggregate applying separately to the work performed under the Agreement. DPW-S 28.1 /03-24-14 [BMC:prn 05-25-21] Page 2 of 4 2. COMMERCIAL AUTOMOBILE LIABILITY: $1,000,000 per accident for bodily injury and property damage. OR* PERSONAL AUTOMOBILE LIABILITY insurance with limits of liability not less than: (i) $100,000 per person; (ii) $300,000 per accident for bodily injury; and, (iii) $50,000 per accident for property damage. 3. WORKERS’ COMPENSATION INSURANCE as required by the State of California with statutory limits. 4. EMPLOYER’S LIABILITY: (i) $1,000,000 each accident for bodily injury; (ii) $1,000,000 disease each employee; and, (iii) $1,000,000 disease policy limit. 5. PROFESSIONAL LIABILITY (Errors and Omissions): (i) $1,000,000 per claim/occurrence; and, (ii) $2,000,000 policy aggregate. UMBRELLA OR EXCESS INSURANCE In the event CONSULTANT purchases an Umbrella or Excess insurance policy(ies) to meet the “Minimum Limits of Insurance,” this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies). In addition, such Umbrella or Excess insurance policy(ies) shall also apply on a primary and non-contributory basis for the benefit of the CITY, its officers, officials, employees, agents and volunteers. DEDUCTIBLES AND SELF-INSURED RETENTIONS CONSULTANT shall be responsible for payment of any deductibles contained in any insurance policy(ies) required herein and CONSULTANT shall also be responsible for payment of any self- insured retentions. Any deductibles or self-insured retentions must be declared on the Certificate of Insurance, and approved by, the CITY’S Risk Manager or designee. At the option of the CITY’S Risk Manager or designee, either: (i) The insurer shall reduce or eliminate such deductibles or self-insured retentions as respects CITY, its officers, officials, employees, agents, and volunteers; or (ii) CONSULTANT shall provide a financial guarantee, satisfactory to CITY’S Risk Manager or designee, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time DPW-S 28.1 /03-24-14 [BMC:prn 05-25-21] Page 3 of 4 shall CITY be responsible for the payment of any deductibles or self- insured retentions. OTHER INSURANCE PROVISIONS/ENDORSEMENTS The General Liability and Automobile Liability insurance policies are to contain, or be endorsed to contain, the following provisions: 1. CITY, its officers, officials, employees, agents and volunteers are to be covered as additional insureds. CONSULTANT shall establish additional insured status for the City and for all ongoing and completed operations by use of ISO Form CG 20 10 11 85 or both CG 20 10 10 01 and CG 20 37 10 01 or by an executed manuscript insurance company endorsement providing additional insured status as broad as that contained in ISO Form CG 20 10 11 85. 2. The coverage shall contain no special limitations on the scope of protection afforded to CITY, its officers, officials, employees, agents and volunteers. Any available insurance proceeds in excess of the specified minimum limits and coverage shall be available to the Additional Insured. 3. For any claims related to this Agreement, CONSULTANT’S insurance coverage shall be primary insurance with respect to the CITY, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the CITY, its officers, officials, employees, agents and volunteers shall be excess of CONSULTANT’S insurance and shall not contribute with it. CONSULTANT shall establish primary and non-contributory status by using ISO Form CG 20 01 04 13 or by an executed manuscript insurance company endorsement that provides primary and non-contributory status as broad as that contained in ISO Form CG 20 01 04 13. The Workers’ Compensation insurance policy is to contain, or be endorsed to contain, the following provision: CONSULTANT and its insurer shall waive any right of subrogation against CITY, its officers, officials, employees, agents and volunteers. If the Professional Liability (Errors and Omissions) insurance policy is written on a claims-made form: 1. The retroactive date must be shown, and must be before the effective date of the Agreement or the commencement of work by CONSULTANT. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement work, or termination of the Agreement, whichever occurs first, or, in the alternative, the policy shall be endorsed to provide not less than a five (5) year discovery period. 3. If coverage is canceled or non-renewed, and not replaced with another claims- made policy form with a retroactive date prior to the effective date of the Agreement or the commencement of work by CONSULTANT, CONSULTANT must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the Agreement work or termination of the Agreement, whichever occurs first. DPW-S 28.1 /03-24-14 [BMC:prn 05-25-21] Page 4 of 4 4. A copy of the claims reporting requirements must be submitted to CITY for review. 5. These requirements shall survive expiration or termination of the Agreement. All policies of insurance required herein shall not be cancelled, non-renewed, reduced in coverage or in limits except after thirty (30) calendar days written notice by certified mail, return receipt requested, has been given to CITY. CONSULTANT is also responsible for providing written notice to the CITY under the same terms and conditions. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits, CONSULTANT shall furnish CITY with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for CITY, CONSULTANT shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than fifteen (15) calendar days prior to the expiration date of the expiring policy. VERIFICATION OF COVERAGE CONSULTANT shall furnish CITY with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the CITY’S Risk Manager or designee prior to CITY’S execution of the Agreement and before work commences. All non-ISO endorsements amending policy coverage shall be executed by a licensed and authorized agent or broker. Upon request of CITY, CONSULTANT shall immediately furnish City with a complete copy of any insurance policy required under this Agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement. Exhibit C DISCLOSURE OF CONFLICT OF INTEREST 2021 City of Fresno Development Impact Fee Update PROJECT TITLE YES* NO 1 Are you currently in litigation with the City of Fresno or any of its agents? 2 Do you represent any firm, organization or person who is in litigation with the City of Fresno? 3 Do you currently represent or perform work for any clients who do business with the City of Fresno? 4 Are you or any of your principals, managers or professionals, owners or investors in a business which does business with the City of Fresno, or in a business which is in litigation with the City of Fresno? 5 Are you or any of your principals, managers or professionals, related by blood or marriage to any City of Fresno employee who has any significant role in the subject matter of this service? 6 Do you or any of your subcontractors have, or expect to have, any interest, direct or indirect, in any other contract in connection with this Project? * If the answer to any question is yes, please explain in full below. Explanation: Signature Date (Name) (Company) (Address) Additional page(s) attached. (City State Zip) June 1, 2021 Jason Moody Economic & Planning Systems, Inc. (EPS) PO Box 340176 Sacramento, CA 95834 RLS: A21-0648 FILE ID: 21-22672 REPORT TO THE CITY COUNCIL DATE: June 17, 2021 FROM:SCOTT L. MOZIER, PE, Director Public Works Department BY: RANDALL W. MORRISON, PE, Assistant Director Engineering Division, Public Works Department SUBJECT: Actions pertaining to the summary vacation of access right restrictions on a portion of the northwest corner of East Jensen Avenue and South Maple Avenue (Council District 5) 1. Adopt a finding of Categorical Exemption per staff’s determination, pursuant to Section 15301(b, c), Class 1 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines, Environmental Assessment Number PW12683 Jensen 2. ***RESOLUTION – Ordering the summary vacation of access right restrictions on a portion of the northwest corner of East Jensen Avenue and South Maple Avenue (Subject to Mayor’s Veto) RECOMMENDATION: Staff recommends the City Council adopt a finding of Categorical Exemption per staff’s determination, pursuant to Section 15301(b,c), Class 1 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines, Environmental Assessment Number PW12683 Jensen and adopt the attached resolution ordering the summary vacation of access right restrictions on a portion of the northwest corner of East Jensen Avenue and South Maple Avenue. EXECUTIVE SUMMARY: JK Cavalier Inc. is requesting the vacation of access right restrictions on a portion of the northwest corner of East Jensen Avenue and South Maple Avenue. The purpose of this proposed vacation is to accommodate development associated with site plan number P20-01617 for the construction of a 35 foot wide commercial driveway approach. BACKGROUND: This access right was originally relinquished by Parcel Map Number 2003-31, recorded December 15, 2006 in Book 66 of Parcel Maps, at Pages 89 and 90, Fresno County Records. The access restriction is on the south lines of Parcel A and Parcel B of this map and are adjacent to the north 5 5 0 right of way line of East Jensen Avenue. This proposed vacation of this restriction would create one access point for said Parcel A and Parcel B. The development as proposed by site plan number P20- 01617 would construct one 35 foot wide commercial driveway approach that would allow access from East Jensen Avenue for both parcels. The Traffic Operations & Planning Division, Engineering Services Division and Utility companies have reviewed this proposal and determined the relinquishment of direct access rights as shown on Exhibit “A” is not necessary at this location, and said exhibit is included in the attached Resolution. The City Attorney’s Office has approved the attached Resolution to Vacate as to form. The City is only vacating a portion of an access restriction. The City is not disposing of any land and therefore the Surplus Land Act is not applicable. The vacation, if approved by the Council, will become effective when the vacating resolution is recorded in the office of the Fresno County Recorder. ENVIRONMENTAL FINDINGS: Staff has performed a preliminary environmental assessment of this project and has determined this project falls within the Class 1 (b, c) Categorical Exemption set forth in Section 15301 of the California Environmental Quality Act (CEQA) Guidelines. Section 15301(b, c), Class 1 Existing Facilities consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. Examples include but are not limited to: Existing facilities of both investor and publicly owned utilities used to provide electric power, natural gas, sewerage, or other public utility services; and, existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety). This project is removing access restrictions from a public street to the adjacent properties to the north. The City of Fresno Traffic Division has determined that having one access point for both subject parcels is now necessary to accommodate development associated with site plan number P20-01617 and does not change the use of the existing subject parcels. None of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, Section 15300.2 apply to this project. LOCAL PREFERENCE: Local preference does not apply because the vacation of an access restriction does not involve bidding or contracting. FISCAL IMPACT: This project has no impact to the General Fund and is located in Council District 5. JK Cavalier Inc. has paid all processing fees to cover staff costs in accordance with the Master Fee Schedule. ATTACHMENTS: 5 5 0 Jensen Access Restriction Vacation Vicinity Map Jensen Access Restriction Vacation EA-PW12683 Jensen Access Restriction Summary Resolution to Vacate BARSTOW GARFIELDBRYANPOLKBLYTHEVALENTINEVAN NESSFRUITSIERRA ALLUVIAL GETTYSBURG DAKOTA CLINTON OLIVE NIELSON KEARNEY ANNADALE INTERNATIONAL PERRIN TEAGUE ALLUVIALMAROAFRESNOMILLBROOKMAPLEWILLOW MINNEWAWASUNNYSIDEARMSTRONGMAPLEORANGECHERRYFIGCHURCH BUTLER TULARE LOCANDAKOTA CLINTON OLIVE FRUITHUGHESVALENTINEBLYTHEPOLKBRYANN ENGINEERING SERVICES DIVISION DISTRICT 5 Assessor's Parcel Numbers 480-433-20 AND 21 CITY OF FRESNO CATEGORICAL EXEMPTION ENVIRONMENTAL ASSESSMENT NO. PW12683 JENSEN THE PROJECT DESCRIBED HEREIN IS DETERMINED TO BE CATEGORICALLY EXEMPT FROM THE PREPARATION OF ENVIRONMENTAL DOCUMENTS PURSUANT TO ARTICLE 19 OF THE STATE CEQA GUIDELINES. APPLICANT: Jasdip Kahlon JK Cavalier, Inc. 2588 South Maple Fresno, CA 93721 PROJECT LOCATION: The northwest corner of East Jensen Avenue and South Maple Avenue (See attached Feasibility Study Exhibit) PROJECT DESCRIPTION: The scope of work for the proposed project includes the vacation of access right restrictions on a portion of the northwest corner of East Jensen Avenue and South Maple Avenue. This vacation of access restrictions will allow the two adjacent properties to the north share one commercial access point from East Jensen Avenue. There are no conditions of approval, allowing this access restriction to be summarily vacated. This project is exempt under Sections 15301 Class 1(b, c) of the California Environmental Quality Act (CEQA) Guidelines. None of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, Section 15300.2 apply to this project. EXPLANATION: Section 15301. Class 1 (b, c) Existing Facilities consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. Example include but are not limited to: Existing facilities of both investor and publicly owned utilities used to provide electric power, natural gas, sewerage, or other public utility services; and, existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety). This project is removing access restrictions from a public street to the adjacent properties to the north. This was an access restriction reserved by Parcel Map Number 2003-31. The access restriction is on the south lines of Parcel A and Parcel B of this map and are adjacent to the north right of way line of East Jensen Avenue. This proposed vacation of this restriction would create one access point for said Parcel A and Parcel B. The development as proposed by site plan number P20 -01617 would construct one 35 foot wide commercial driveway approached that would allow access from East Jensen Avenue for both parcels. None of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, Section 15300.2 apply to this project. Environmental Assessment No. PW12683 Jensen May 4, 2021 Page 2 Date: May 4, 2021 Prepared By: Jason A. Camit, PLS Submitted By: Jason Camit Chief Surveyor City of Fresno Public Works Engineering Division (559) 621-8681 2 of 3 8363). NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as follows: 1. The public interest and convenience require, and it is hereby ordered, that as of June 18, 2021, the access right restrictions of this proposed vacation to accommodate development associated with site plan number P20 -01617 for the construction of a 35 foot wide commercial driveway approach, as shown in Exhibit “A” be vacated. 2. The City Clerk shall certify to the passage of this Resolution and shall file a certified copy, attested by the City Clerk under the seal of the City of Fresno, to be recorded in the Office of the County Recorder of the County of Fresno, State of California. 3. The City Clerk shall file a certified copy of the resolution for recordation in the Office once all work associated with this requirement has been accepted by the City Engineer or the Public Works Director. 4. This vacation shall become effective on the date this resolution is recorded. * * * * * * * * * * * * * * * 3 of 3 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, MMC CRM City Clerk BY: APPROVED AS TO FORM: DOUGLAS T. SLOAN City Attorney BY: Date Deputy City Attorney Attachment: Exhibit A PW12683 RLS: A21-0666 FILE ID: 21-22673 REPORT TO THE CITY COUNCIL DATE: June 17, 2021 FROM:SCOTT L. MOZIER, PE, Director Public Works Department BY: RANDALL W. MORRISON, PE, Assistant Director Engineering Division, Public Works Department SUBJECT: Actions pertaining to the summary vacation of a public utility easement in Block 15 of the map of Blackstone Villa (Council District 7) 1. Adopt a finding of Categorical Exemption per staff’s determination, pursuant to Section 15301(b, c), Class 1 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines, Environmental Assessment Number PW12455 Block 15 Blackstone Villa 2. **RESOLUTION – Ordering the summary vacation of a public utility easement in Block 15 of the map of Blackstone Villa (Subject to Mayor’s Veto) RECOMMENDATION: Staff recommends the City Council to adopt a finding of Categorical Exemption per staff’s determination, pursuant to Section 15301(b,c), Class 1 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines, Environmental Assessment Number PW12455 Block 15 Blackstone Villa, and adopt the attached resolution ordering the summary vacation of a public utility easement in Block 15 of the map of Blackstone Villa. EXECUTIVE SUMMARY: The United Health Centers is requesting the vacation of a public utility easement in Block 15 of the map of Blackstone Villa. The purpose of this request is to comply with conditions of approval associated with Development Permit No. P18-02676. BACKGROUND: The subject public utility easement was reserved by Resolution Number 74-45, recorded February 21, 1974 in Book 6268, Page 601, Official Records Fresno County. This resolution vacated the public alley in Block 15 of Blackstone Villa Tract, recorded in Book 5 of Record Surveys, at Page 18, Fresno County Records and reserved a public utility easement for the sewer main located within the vacated alley. The existing sewer main located within the area proposed for vacation has been converted to a 5 5 1 private facility and has not functioned as a public utility facility for over five years. The Traffic Operations & Planning Division, Engineering Services Division and Utility companies have reviewed this proposal and determined the public utility easement as shown on Exhibit “A” is not necessary at this location, said exhibit is included in the attached Resolution. The City Attorney’s Office has approved the attached Resolution to Vacate as to form. The City only has an easement right for the public utility easement proposed for vacation. The City is not disposing of any land and therefore the Surplus Land Act is not applicable. The vacation, if approved by the Council, will become effective when the vacating resolution is recorded in the office of the Fresno County Recorder. ENVIRONMENTAL FINDINGS: Staff has performed a preliminary environmental assessment of this project and has determined this project falls within the Class 1 (b, c) Categorical Exemption set forth in Section 15301 of the California Environmental Quality Act (CEQA) Guidelines. Section 15301(b, c), Class 1 Existing Facilities consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. Examples include but are not limited to: Existing facilities of both investor and publicly owned utilities used to provide electric power, natural gas, sewerage, or other public utility services; and, existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety). This project is removing a public utility easement that is no longer required since the public sewer main has been converted into a private facility and has not functioned as a public utility facility for over five years. None of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, Section 15300.2 apply to this project. LOCAL PREFERENCE: Local preference does not apply because the vacation of an easement does not involve bidding or contracting. FISCAL IMPACT: This project has no impact to the General Fund and is located in Council District 7. The United Health Centers has paid all processing fees to cover staff costs in accordance with the Master Fee Schedule. ATTACHMENTS: Block 15 PUE Vacation Vicinity Map Block 15 PUE Vacation EA-PW12455 Block 15 PUE Vacation Summary Resolution to Vacate BARSTOW GARFIELDBRYANPOLKBLYTHEVALENTINEVAN NESSFRUITSIERRA ALLUVIAL GETTYSBURG DAKOTA CLINTON OLIVE NIELSON KEARNEY ANNADALE INTERNATIONAL PERRIN TEAGUE ALLUVIALMAROAFRESNOMILLBROOKMAPLEWILLOW MINNEWAWASUNNYSIDEARMSTRONGMAPLEORANGECHERRYFIGCHURCH BUTLER TULARE LOCANDAKOTA CLINTON OLIVE FRUITHUGHESVALENTINEBLYTHEPOLKBRYANN ENGINEERING SERVICES DIVISION DISTRICT 7 Assessor's Parcel Numbers 452-061-18 CITY OF FRESNO CATEGORICAL EXEMPTION ENVIRONMENTAL ASSESSMENT NO. PW12455 THE PROJECT DESCRIBED HEREIN IS DETERMINED TO BE CATEGORICALLY EXEMPT FROM THE PREPARATION OF ENVIRONMENTAL DOCUMENTS PURSUANT TO ARTICLE 19 OF THE STATE CEQA GUIDELINES. APPLICANT: Joseph D. Dagget, PE, PLS Gateway Engineering, Inc. 405 Park Creek Drive Clovis, CA 93611 PROJECT LOCATION: The East Webster Avenue-East Clay Avenue Alley between North Blackstone Avenue and North Abby Street (See attached Feasibility Study Exhibit) PROJECT DESCRIPTION: The scope of work for the proposed project includes the summary vacation of a public utility easement in Block 15 of the map of Blackstone Villa. The existing sewer main located within the area proposed for vacation has been converted to a private facility and has not functioned as a public utility facility for over five years. There are no conditions of approval, allowing this public utility easement to be summarily vacated. This project is exempt under Sections 15301 Class 1(b, c) of the California Environmental Quality Act (CEQA) Guidelines. None of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, Section 15300.2 apply to this project. EXPLANATION: Section 15301. Class 1 (b, c) Existing Facilities consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. Examples include but are not limited to: Existing facilities of both investor and publicly owned utilities used to provide electric power, natural gas, sewerage, or other public utility services; and, existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety). The existing sewer main located within the area proposed for vacation has been converted to a private facility and has not functioned as a public utility facility for over five years. There are no other utilities located within the area proposed for vacation. None of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, Section 15300.2 apply to this project. Environmental Assessment No. PW12455 May 7, 2021 Page 2 Date: May 7, 2021 Prepared By: Jason A. Camit, PLS Submitted By: Jason Camit Chief Surveyor City of Fresno Public Works Engineering Division (559) 621-8681 2 of 3 as of June 17, 2021, the public utility easement as shown in Exhibit “A” be vacated to accommodate development associated with Development Permit No. P18-02676. 2. The City Clerk shall certify to the passage of this Resolution and shall file a certified copy, attested by the City Clerk under the seal of the City of Fresno, to be recorded in the Office of the County Recorder of the County of Fresno, State of California. 3. The City Clerk shall file a certified copy of the resolution for recordation in the Office once all work associated with this requirement has been accepted by the City Engineer or the Public Works Director. 4. This vacation shall become effective on the date this resolution is recorded. * * * * * * * * * * * * * * 3 of 3 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, MMC CRM City Clerk BY: APPROVED AS TO FORM: DOUGLAS T. SLOAN City Attorney BY: Pauline Brickey Date Deputy City Attorney Attachment: Exhibit A PW12455 RLS: A21-0592 FILE ID: 21-22680 REPORT TO THE CITY COUNCIL DATE: June 17, 2021 FROM:SCOTT L. MOZIER, PE, Director Public Works Department BY: RANDALL W. MORRISON, PE, Assistant Director Engineering Division, Public Works Department SUBJECT: Actions pertaining to the Tulare Street and Q Street Traffic Signal Project – Bid File No. 3770 (Council District 3) 1. Adopt a finding of Categorical Exemption per staff’s determination, pursuant to Sections 15301 and 15303 of the California Environmental Quality Act (CEQA) guidelines 2. Approve the Grade Crossing Signal Agreement and the Surface Installation Agreement with Burlington Northern Santa Fe (BNSF) Railway Company totaling $103,170.00 to facilitate BNSF grade-crossing and traffic signal pre-emption network and timing improvements 3. Award a construction contract in the amount of $710,672.00 to Lee Contractors and Consultants, Inc., of Nipomo, CA RECOMMENDATION: Staff recommends the City Council adopt a finding of Categorical Exemption pursuant to Sections 15301 and 15303 of the CEQA guidelines, approve the Grade Crossing Signal and Surface Installation Agreements with BNSF Railroad in the amount of $103,170.00, award a construction contract to Lee Contractors and Consultants, Inc., of Nipomo, in the amount of $710,672.00 as the lowest responsive and responsible bidder for the Tulare Street and Q Street Traffic Signal Project, and authorize the Public Works Director or designee to sign the construction contract on behalf of the City of Fresno. EXECUTIVE SUMMARY: The proposed Tulare Street and Q Street Traffic Signal Project will enhance pedestrian safety along Tulare Street by eliminating the uncontrolled midblock crossing east of the BNSF tracks, replacing it with a signalized crossing west of the tracks at Q Street. Improvements within the project limits include the construction of a new traffic signal at Tulare Street and Q Street, removal of the existing pedestrian crossing at Tulare Street, including the existing ramps and median pass-thru, construction of an accessible ramp near the Santa Fe station, and improvement of the east-west pedestrian paths of travel across the BNSF tracks on both sides of Tulare Street. While these public improvements will 5 5 8 serve the downtown community, they are primarily intended to improve safety for City Hall employees who park in the Promenade lot and must cross Tulare Avenue throughout the day. The project is locally funded by SB1 Road Maintenance and Rehabilitation Account (RMRA) and Local Transportation Fund for Pedestrian and Bike facilities. BACKGROUND: This Tulare Street and Q Street Traffic Signal Project was initiated in FY18 when the project was budgeted using local funds within Council District 3. The design commenced following Council approval; preliminary engineering design and project management took approximately three and a half years. The scope of the project includes the removal of the existing unsignalized midblock crosswalk across Tulare Street, between the BNSF railroad and R Street, construction of a new traffic signal at Tulare Street and Q Street, accessible ramp construction, the extension of railroad concrete panels at the intersection to provide an extended walking surface crossing the BNSF railroad, and pavement restriping along project limits. The City has received approval for this construction from BNSF by receipt of an Interconnected Crossing Review Report that was prepared by a consultant on behalf of the City of the Fresno. The Crossing report provided design guidance for the new traffic signal which then received approval from the California Public Utilities Commission (CPUC) by way of a General Order 88-B. Public Works staff performed all survey and engineering work and prepared the construction documents for the project. A Notice Inviting Bids was published in the Fresno Business Journal on March 19, 2021, posted on the City’s website, and distributed to 11 building exchanges. The specifications were distributed to 16 prospective bidders. Three (3) sealed bid proposals were received and opened in a public bid opening on April 20, 2021, with bids ranging from $710,672.00 to $899,390.00. Lee Contractors and Consultants, Inc., submitted the apparent low bid in the amount $710,672.00 and was determined to be the lowest responsive and responsible bidder for the project. The bids will expire on June 23, 2021. If the bids are rejected or expire the project must be rebid, resulting in a delay of approximately 90 days. Staff recommends Council award a construction contract with Lee Contractors and Consultants, Inc., in the amount of $710,672.00 for the Tulare Street and Q Street Traffic Signal Improvements Project as the lowest responsive and responsible bidder and authorize the Public Works Director, or designee, to sign and execute the standardized contract on behalf of the City of Fresno. ENVIRONMENTAL FINDINGS: Staff has performed a preliminary environmental assessment of this project and has determined that it falls within the Categorical Exemption set forth in CEQA Guidelines, Section 15301 (Existing Facilities), which exempts the repair and maintenance of existing facilities that involves negligible or no expansion of an existing use, Section 15303 (New Construction or Conversion of Small Structures), which consists of construction and location of limited numbers of new, small facilities or structures. These exemptions apply because this project involves the reconstruction of an existing roadway, sidewalks, curb and gutters, an accessible ramp, and traffic signal construction that does not involve the expansion of the roadway. Furthermore, Staff has determined that none of the 5 5 8 exceptions to Categorical Exemptions set forth in the CEQA Guidelines, Section 15300.2 apply to this project. LOCAL PREFERENCE: Purchasing applied Local Preference during the evaluation of bids but after the 5% price adjustment was made, the bid from Lee Contractors and Consultants, Inc., remained the lowest responsible and responsive bid for the project. FISCAL IMPACT: The Traffic Signal Improvements at Tulare and “Q” Streets is located in Council District 3. The overall cost of the project is $1,172,909.00 and is locally funded by SB1 Road Maintenance and Rehabilitation Account and Local Transportation Fund for Pedestrian and Bike facilities. Of the overall project budget, $710,672.00 will be used for the construction contract award. The project will have no impact to the General Fund. ATTACHMENTS: Vicinity Map CEQA Environmental Assessment BNSF Grade Crossing Signal and Surface Installation Agreement Standardized Contract Bid Evaluation Fiscal Impact Statement TR AFFIC SIGNA LIMPROVEMENT AT TU LARE AN D "Q" STREETS N 0 1.5 30.75 Miles DEPARTMENT OFPUBLIC WORKS VICINITY MAP TRAFFIC SIGNAL IMPROVEMENT AT TULARE AND "Q" STREETSPROJECT ID: PW00812 City Limits Council D istrict 3 CITY OF FRESNO CATEGORICAL EXEMPTION ENVIRONMENTAL ASSESSMENT NO. P19-00875 THE PROJECT DESCRIBED HEREIN IS DETERMINED TO BE CATEGORICALLY EXEMPT FROM THE PREPARATION OF ENVIRONMENTAL DOCUMENTS PURSUANT TO ARTICLE 19 OF THE STATE CEQA GUIDELINES APPLICANT: Steve Delsid City of Fresno Department of Public Works Professional Engineer, Engineering Services 2600 Fresno Street, Room 4016 Fresno, California 93721-3615 PROJECT LOCATION: 2701 Tulare Street located at the intersection of Tulare and Q Streets within the city limits of downtown Fresno PROJECT DESCRIPTION: Proposed is the installation of a new City of Fresno traffic signal at the intersection of Tulare and Q Streets in downtown Fresno. The work will include new traffic signal poles, conduit, detector loops, traffic signal controller cabinet, service cabinet, communication cabinet, pull boxes, conductors, concrete curb ramps, limited sidewalk reconstruction, minor signing and striping, and safety lights on the pole that will be brighter than standard City street lights. The project will also include the removal of the existing pedestrian crossing approximately 300 feet west of Tulare and R Streets. The pedestrians who work in the area, and especially those who park their vehicle in the Promenade Parking Lot P will have a controlled intersection in which to cross safely from one side of the street to the other to reach their destination. This project is exempt under Section 15301/Class 1 and Section 15303/Class 3 of the State of California Environmental Quality Act (CEQA) Guidelines. EXPLANATION: Section 15301/Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features involving negligible or no expansion of use beyond that existing at the time of the lead agency’s determination. The types of “existing facilities” itemized are not intended to be all inclusive of the types of projects which might fall within Class 1. The proposed installation of a new City of Fresno traffic signal at the intersection of Tulare and Q Streets involves negligible or no expansion of an existing use. Categorical Exemption Environmental Assessment No. P19-00875 Section 15303/Class3 consists of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. The numbers of structures described in this section are the maximum allowable on any legal parcel. Examples of this exemption include, but are not limited to, water main, sewage, electrical, gas, and other utility extensions, including street improvements of reasonable length to serve such construction. The proposed installation of a new City of Fresno traffic signal at the intersection of Tulare and Q Streets meets the criteria noted above. Based on staff analysis, it has been determined that no adverse environmental impacts will occur as a result of the proposed project. None of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines Section 15300.2 apply to this project. Date: May 14, 2021 Prepared By: Steve Delsid Submitted By: __________________________________ Steve Delsid, Professional Engineer City of Fresno Department of Public Works (559) 621-8725 GRADE CROSSING SIGNAL AND SURFACE INSTALLATION AGREEMENT BNSF File No.: BF10016546 Mile Post 998.1 Line Segment 7200 U.S. DOT Number 028549N Stockton Subdivision THIS GRADE CROSSING SIGNAL INSTALLATION AGREEMENT (hereinafter called, “Agreement”), is executed to be effective as of 02/28/2020, by and between the City of Fresno, a Political Subdivision of the State of California, a Municipal Corporation (hereinafter called, "AGENCY"), and BNSF RAILWAY COMPANY, a Delaware Corporation (hereinafter called, "RAILROAD"); WITNESSETH: WHEREAS, in the interest of aiding vehicular travel and public safety, the AGENCY is undertaking a project to install railroad advanced preemption at Tulare Street; WHEREAS, the project at Tulare Street is located at U.S. DOT crossing 028549N as indicated on Exhibit "A", attached hereto and incorporated herein; WHEREAS, the parties agree that the RAILROAD will receive no ascertainable benefit from the installation of advance warning signs, pavement marking stop bars or railroad advanced preemption (hereinafter collectively called, “Crossing Signal Equipment”); WHEREAS, AGENCY also desires RAILROAD to install a sidewalk surface at the existing crossing at Tulare Street with a new concrete and rubber crossing surface; WHEREAS, the AGENCY is paying for the acquisition and installation of crossing signal equipment at Tulare Street WHEREAS, the RAILROAD agrees to purchase and install, at AGENCY’S sole expense, the crossing signal equipment and the new sidewalk surface described in the scope of work herein, and upon the terms and conditions set forth below. NOW, THEREFORE, in consideration of the mutual covenants and agreements of the parties contained herein, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: ARTICLE I – SCOPE OF WORK 1. The term “Project” as used in this agreement includes any and all work related to the installation of crossing signals and activation equipment at U.S. DOT crossing 028549N, more particularly described on Exhibit “A” which are attached hereto and incorporated herein, including, but not limited to, any and all changes to telephone, telegraph, signal and electrical lines and appurtenances, installation of advance warning signs and pavement marking stop bars, installation of any new crossing surface, temporary and permanent track work, fencing, grading, alterations to or new construction of drainage facilities, preliminary and construction engineering and contract preparation. ARTICLE II – RAILROAD OBLIGATIONS In consideration of the covenants of AGENCY set forth herein and the faithful performance thereof, RAILROAD agrees as follows: 1. The RAILROAD will, using its own labor forces under applicable labor agreements, install the Crossing Signal Equipment and the new sidewalk surface at Tulare Street. The work will be performed at AGENCY’s expense and in accordance with the MUTCD and the plans and specifications approved by AGENCY and the Federal Highway Administration. The plans and specifications are attached to this Agreement as Exhibit “A” and incorporated herein. 2. A detailed estimate of RAILROAD’S construction engineering, installation labor (including the costs, if any, of electrical service from a public utility) and material costs required for the Project are attached hereto as Exhibit “B” and incorporated herein. In the event construction for the Project has not commenced within six (6) months following the effective date of this Agreement, RAILROAD may, in its sole and absolute discretion, revise the cost estimates set forth in said Exhibit “B”. In such event, the revised cost estimates will become a part of this Agreement as though originally set forth herein. Any item of work incidental to the items listed on Exhibit “B” not specifically mentioned therein may be included as a part of this Agreement upon written approval of AGENCY, which approval will not be unreasonably withheld. 3. RAILROAD will furnish all labor, materials, tools and equipment for the railroad portion of the work required for the construction of the Project. 4. The RAILROAD will, at AGENCY’S expense, dispose of all scrap from the RAILROAD’S work hereunder. 5. The RAILROAD will finalize and complete billing of all incurred costs under this Agreement no later than one (1) year following installation of the Crossing Signal Equipment and the new sidewalk surface 6. Furnish of flagging services during construction of the Project as required and set forth in further detail on Exhibit C, attached to this Agreement and made a part hereof. ARTICLE III – AGENCY OBLIGATIONS In consideration of the covenants of RAILROAD set forth herein and the faithful performance thereof, AGENCY agrees as follows: 1. AGENCY must perform, at AGENCY’S expense, the following work: a) Installation of a pavement marking stop bar in accordance with the Manual on Uniform Traffic Control Devices (hereinafter called, “MUTCD”). b) Installation of advance warning signs in accordance with the MUTCD. 2. The AGENCY must require its contractor(s) to notify BNSF’s Roadmaster at least thirty (30) calendar days prior to requesting a BNSF flagman in accordance with the requirements Exhibit C attached hereto. Additionally, the AGENCY must require its contractor(s) to notify BNSF’s Manager of Public Projects thirty (30) calendar days prior to commencing work on BNSF property or near BNSF tracks. 3. City must require compliance with the obligations set forth in this agreement, including City must require compliance with the obligations set forth in this agreement, including City must require compliance with the obligations set forth in this agreement, including Exhibit C and Exhibit C-1, and incorporate in each prime contract for construction of the Project, or the specifications therefor (i) the provisions set forth in Article III and IV; and (ii) the provisions set forth in Exhibit C and Exhibit C-1, attached hereto and by reference made a part hereof. 4. The AGENCY will approve the location of the signals and signal bungalow prior to installation by RAILROAD. 5. Actual costs for engineering, materials and labor (including third party charges for the installation of electrical service) associated with the installation of the Crossing Signal Equipment and the new sidewalk surface must be paid by the AGENCY (including taxes, such as applicable sales and use taxes, business and occupation taxes, and similar taxes). 6. In the event the services of a consultant are needed after execution of this Agreement due to any exigency of the RAILROAD and the Project, the AGENCY and the RAILROAD will mutually agree, in writing, as to the selection of a consultant and the applicable scope of work to be performed by such consultant. All work performed hereunder by any consultant and any resulting costs must be paid by AGENCY as a part of the costs for the Project. 7. During the installation of the Crossing Signal Equipment and the new sidewalk surface, RAILROAD will send AGENCY progressive invoices detailing the costs of the work performed by RAILROAD under this Agreement. AGENCY must reimburse RAILROAD for completed force-account work within thirty (30) days of the date of the invoice for such work. Upon completion of the Project, RAILROAD will send AGENCY a detailed invoice of final costs, segregated as to labor and materials for each item in the recapitulation shown on Exhibit “B”. Pursuant to this section, AGENCY must pay the final invoice within ninety (90) days of the date of the final invoice. RAILROAD will assess a finance charge of .033% per day (12% per annum) on any unpaid sums or other charges due under this Agreement which are past its credit terms. The finance charge continues to accrue daily until the date payment is received by RAILROAD, not the date payment is made or the date postmarked on the payment. Finance charges will be assessed on delinquent sums and other charges as of the end of the month and will be reduced by amounts in dispute and any un-posted payments received by the month’s end. Finance charges will be noted on invoices sent to AGENCY under this section. For purposes of computing the time limits prescribed by Section 911.2 of the California Government Code for the presentment of a claim against the Agency the cause of action for failure to reimburse BNSF for the costs of the Railroad work performed by it pursuant to this Agreement shall be deemed to have accrued one hundred and eighty (180) days of the date of the final invoice. 8. The AGENCY must have advance railroad crossing warning signs and standard pavement markings in place at the crossing shown on Exhibit “A” (if the same are required by the MUTCD) prior to the acceptance of this Project by the AGENCY. The AGENCY assumes full responsibility for the maintenance of advance warning signs and pavement markings and agrees to hold harmless and indemnify the RAILROAD for any claims, damages or losses, in whole or in part, caused by or due to the AGENCY’S failure to maintain the advance warning signs and markings or other requirements of the MUTCD. 9. The AGENCY must give RAILROAD’s Manager of Public Projects written Notice to Proceed with the railroad portion of the work after receipt of necessary funds for the Project. BNSF will not begin the railroad work (including, without limitation, procurement of supplies, equipment or materials) until written notice to proceed is received from Agency. ARTICLE IV- JOINT OBLIGATIONS In consideration of the mutual covenants of the parties contained herein and the premises, the parties mutually agree as follows: 1. All cost records of the RAILROAD pertaining to the Project will be open to inspection and audit at any reasonable time by representatives of the AGENCY (including the legislative auditor and fiscal analyst for the AGENCY) for a period of one (1) year from the date of the final RAILROAD invoice under this Agreement. 2. Upon completion of the installation of the Crossing Signal Equipment and the new sidewalk surface, the RAILROAD, will, at its sole cost and expense, operate and maintain the Crossing Signal Equipment and the new crossing surface in proper condition. 3. Notwithstanding the preceding provision, if any regulations, ordinances, acts, rules or other laws subsequently passed or amended by the AGENCY or any other appropriate governmental or legislative authority increase the AGENCY’S portion of maintenance costs under this Agreement, RAILROAD will receive the benefit of any such regulations, ordinances, acts, rules or other laws and the AGENCY’S increased portion of maintenance costs will be incorporated into and made a part of this Agreement. 4. If a railway or a highway improvement project necessitates rearrangement, relocation, or alteration of the Crossing Signal Equipment or the new sidewalk surface installed hereunder, the costs for such rearrangement, relocation or alteration will be the responsibility of the party requesting such changes. 5. If any of the Crossing Signal Equipment is partially or wholly destroyed, then such repair and/or replacement costs must be distributed among the parties as follows: a) In the event the RAILROAD’s sole negligence destroys or damages the Crossing Signal Equipment, RAILROAD must reimburse AGENCY for the costs to replace or repair such Crossing Signal Equipment. b) In the event the Crossing Signal Equipment is damaged or destroyed by any other cause, AGENCY must, at its sole cost and expense, replace or repair such Crossing Signal Equipment. 6. If the Crossing Signal Equipment installed hereunder cannot, through age, be maintained, or, by virtue of its obsolescence, requires replacement, the cost of installation of new crossing signal equipment will be negotiated by the parties hereto on the basis of the current Federal Aid Railroad Signal Program participation and applicable AGENCY at the time of such replacement is warranted. 7. This Agreement will inure to the benefit of and be binding on the parties hereto, their successors, and assigns. 8. In the event any paragraph contained in this Agreement or any item, part, or term within any particular paragraph is determined by a court of competent jurisdiction to be invalid or unenforceable, the validity of the remaining paragraphs or items will not be affected; and the rights and obligations of the parties will be construed and enforced as if this Agreement did not contain that particular paragraph or item held to be invalid or unenforceable. 9. This Agreement may be signed in counterparts, any one of which will be deemed to be an original. The parties further agree that any facsimile copy of a party’s signature is valid and binding to the same extent as an original signature. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. BNSF RAILWAY COMPANY By: Printed Name: Title: City of Fresno By: Printed Name: __________________ Title: Public Works Director By: Printed Name: Title: City Attorney By: Printed Name: Title: City Clerk I'll lliil @) IE) □EMS IE) §I ◊,� ,. tr'" ID .ov � STANDARD SYMBOLS CABLE TV PULL BOX DRAIN INLET BOX STORM DRAIN MANHOI.£ ELECTRICAL MANHOLE ELECTRIC METER BOX ELECTRICAL PULLBOX ELECTRICAL VAULT ELECTROUER FIBER OPTIC PULL BOX FIRE HYDRANT FRESNO FIRE ALARM PULL BOX GAS VALVE GAS VAULT oPP POWER POLE • PC PROPERTY CORNER +sc SECTION CORNER Q SEWER MANHOLE --r-"T"'"'T" SIGNS 10+00 STATIONING (SURVEY) .j} slP 1S�EET UGHJ1 POLE 0 STREETllGHTING PULLBOX 9sTOP ��:\:GNNOSTEO ON PLANS) lL) TELEPHONE MANHOlE 0 T.P. TELEPHONE POLE � TELEPHONE VAULT "' WATER BACKFLOW PREVENTER WATER METER BOX WATER VALVE ---CENTERLINE ------CONCRETE, PA\1£MENT ====== EX. CURB ANO GUTTER ----RIGHT Of WAY -oh -EXISTING 0\1£RHEAO LINES -e-EXISTING ELECTRIC UNDERGROUND -FtNCE(TYPE VARIES) -g-EXISTING GAS MAIN -its-EXISTING ITS LINE -irr -EXISTING IRRIGATION UNE -cotv-EXISTINGCABLE TV ■ GRATE GRATE (INLET /OUllET) �TSCB TRAFFIC SIGNAL CONTROL BOX -s-EXISTING SEWER MAIN c; TRAFFIC SIGNAL LOOP � �!�s��� N �T�;: DRAIN @] [O oJP •" GUY POLE GUYWIR[ IRRIGATION VALVE BOX ISLAND NOSE JOINT-USED POlE LAMP POST �* [D 0 GENERAL NOTES: -TS-PROPOSED TRAfflC SIGNAL TRAFAC SIGNAL-STREET UGHT -w-EXISTING WATER MAIN TRAFFIC SIGNAL PULLBOX -jt -EXISTING UTILITY JOINT TRENCH TRANSFORMER PAO/EQUIPMENT 1. THE WORK EMBRACED HEREIN SHALL BE DONE IN ACCORDANCE WITH THE APPROPRIATE PROVISIONS OF THE SPECIFICATIONS ENTITLED CITY OF FRESNO. STANDARD SPECIFICATIONS. i:l��:g�o:s �1�!"¢�tA1�\���1�1�:�t�:LY. WHICH SPECIFICATIONS HEREINAFfER ARE 2 CONTRACTOR WILL NOTIFY f.M.F.C.D CONSTRUCTION MANAGER, AT(559)456-3292. 48 HOURS PRIOR TO CONNECTING TO ANY STORM DRAIN f,-\CILITY. -(NOT ,-\PPLICABLE) 3 TWO WORKING DAYS PRIOR TO COMMENCING EXC"-VATION, THE CONTRACTOR SH,-\LL NOTWY UNDERGROUND SERVICES ALERT. TOI.L FREE, AT 1-800-227-26000R &11. 4 CONTRACTOR SH,-\LL PROVIDE THE ENGINEER WITH A COPY OF ANOWNER"S WRITTEN AI.JfHORJZATION AND/OR SIGNED USE AGREEMENT PRIOR TO THE ST,-\RTOF WORK FOR ,\NY TEMPORARY WORK AREA. STANDING AREA. OR EQUIPMENT STORAGE FACILITIES TO BE USED FOR THIS PROJECT. AT Tlll: COMPLETION OF WORK, TllE CONTRACTOR SHALL PROVIDE THE ENGINEER Wini A COPY OF A WRITTEN RELEASE LETTER STATING THAT ALL TEMPORARY USES FACILITIES HAVE SEEN RESTORED BACK TO THE OWNER'S SATISFACTION S. CONTRACTOR SHALL DETERMINE THE EXACT LOCATION OF ALL UNDERGROUND FACILITIES AND PROVIDE PROTECTION PRIOR TO ANI) OllRING CONSTRUCTION. 6. IN THE EVENT OVERHEAD ELECTRICAL LINES EXIST WITHIN THE LIMITS OF CONSTRUCTION. MAINTAIN PROPER CLEARANCE. CONTACT P.G.& E TO VERIFY WIRE LOCATION 7. CONTACTBNSF MANAGER OF PUBLIC PROJECTS PRIOR TO ANY WORK WITHIN 8NSF RIGHT-OF-WAY OR ANY WORK AFFECTING GRAOOCROSSING Ol'ERATIONS f NOT TO SCALE ABBREVIATIONS AC· ASPHALT CONCRETE G • GUTTER SO· STOf:IM ORAlN ADO ALT. -ADDITIVE ALTERNATE GB -GRADE BREM STA -STATION AB-AGGREGATE BASE GV-GATEVALVE TC -TOP�CURB SC· BEGIN OF CURB HMA -HOT Ml)( ASPHALT TSCB • TRAFFIC SIGNAL CONTROLLER CABINET BCR-BEGINNING OF CURB RETURN H<PT -HORIZONTAL ANGLE POI ITT TRS -TELEPHONE RISER SOX BM -BENCHMARK tC -INTERCONNECT TS· TRAFFIC SIGNAL BVC • BEGIN OF VERTICAL CURVE ICB • IRRIGATION CONTROL BOX TYP. -TYPICAL POTHOLE NOTE: ����� ����=�����D UTILITY CROSSll+GS TO VERIFY SIZE. OEPTH ANO TYPE OF PIPE. CONTRACTOR TO PROTECT EXISTING UTILITIES TO REMAjN AT ALL TIMES CITY OF ll!!'Bll!!!!'�M�I� rn■ .-...l'il•"" BW -SACK OF WALK ITS -INTELLIGENT TRANSPORTATION SYSTEM VAR -VARIES C .CONCRETE IVS-IRRIGATION VALVE BOX VPC -VERTICAL PARABOLIC CURVE CAB-CABINET JP-JOINT-USED POLE DEPARTMENT OF PUBLIC WORKS C&G-CURB &GUTTER LT-LEFT SIDE C.N.S. • COMPACTED NATIVE SOIL ME· MATCH EXISTING COMM. -COMMUNICATION NTS -NOT TO SCALE DI· DRAIN INLET Ott -OVERHEAD DLC -DETECTOR LE.AD-IN CABLE P • PAVEMENT E-ELECTRIC PB-PULL BOX EC -ENO OF CURVE PCC -POINT OF COMPOUND CURVE ECR • ENO OF CURB RETURN Pl· POINT OF INTERSECTION ELR -ELECTROLIER PRC -PO!NT OF REVERSE CURVE EMS· ELECTRICAL METER BOX PROP. -PROPOSED EP -EDGE OF PAVEMENT PT· POINT EX. -EXISTING R.C. -RELATIVE COMPACTION EVC -END OF VERTICAL CURVE RGC· RIGID GALVANIZED CONDUIT FH • FIRE HYORANT ROW-RIGHT OF WAY FID -FRESNO IRRIGATION OlSTRICT RT -RIGHT SIDE FL-FLOWUNE R/W-RIGHTOF WAY FMFCD -FRESNO METROPOLITAN FLOOD S -SEV'-1::R CONTROL DISTRICT SL -STATION LINE OR SAWC:UT LINE NOTES, 1. THE CONTRACTOR SHALL REM0\1£ SY CITY APPR0\1£0 METHOD All EXISTING STRIPING AND PAVEMENT MARKINGS 'M-IICH CONFLICT WlTH NEW WORK SHOWN ON THE PLAN PER CITY Of FRESNO STANDARD SPECIFICATIONS. SECTION 28-J. ALL REMOVAL AREAS NOT COVERED BY OVERLAY OR SEAL COAT SHALL BE SLURRY SEALED PER CITY OF FRESNO STANDARD SPECIFICATIONS. SECTION 13-5. 2. LANE WIDTHS SHOWN ON TI1E PLANS ARE DIMENSIONED FROM FACE OF CURB TD CENTER OF STRIPE, OR SET'NEEN CENTERS Of STRIPES 3. INSTALL R10-6 SIGNS IN A LOCATION TI1AT DOES NOT BLOCK V,SISILITY TO EXISTING RR FLASHERS SUCH AS TRAFFIC SIGNAL POLE, LOWER HEIGHT OF SIGN BELOW FLASHERS OR 1RTHER FROM CURB FACE ON THE OTI1ER SIDE Of NINGQ[V, �- :��� ft - (E)D� � ·� -- -f ..... _,. STRIPING LEGENDS AND SYMBOLS: <T> ® 8 8 @ @ @) 8 .,. INSTALL THERMOPLASTIC STRIPING PER PER CALTRANS STANDARD PLAN NOS. A20A, A208, A20C, AND A200. (DETAIL NO. SHOWN, TYP.) INSTALL LEAD LANE LINE TI-1ERMOPLASTIC STRIPING, 4-INCH-WIOE SOLID WHITE WITH TYPE C MARKERS AT 24' O.C. JOIN ANO MATCH EXISTING STRIPING ALIGNMENT. PAINT ANO/OR RE-PAINT MEDIAN ISLAND NOSE YELLOW. 2 COATS SWITCH TD RE-INSTALL EXISTING R9-JbP TO EXISTING R9-JbP ON EXISTING TYPE 1 PEDESTRIAN BARRICADE AT OTHER SIDE SIDE OF STREIT. REMOVE EXISTING TRAFFIC SIGN ANO SALVAGE TO CITY YARD. PATCH ANO/OR REPAIR DAMAGES CREATED FROM REMOVAL OF SIGN. AS REQUIRED. PAINT FACE ANO TOP Of CURB RED. 2 COATS INSTALL 12" WlOE TI1ERMOPLASTIC CROSSWALK STRIPES AS SHOWN. CROSSWALK WIDTH SHALL BE 11 FT CENTER TO CENTER Of STRIPES, COLOR 'M-IITE OR AS INDICATED ON PLAN INSTALL THERMOPLASTIC TYPE IV (L OR R) 'M-IITE ARROWS CENTERED IN LANE AS SHOWN PER CALTRANS STANDARD PLAN A24A BENCHMARK BENCHMARK:TBM1987 CHISELED SQUARE ON TOP CORNER OF FENCE FOOTING. NORTHWEST SID€ Of TULARE. 200" SOUTHWEST Of "R" STREET. ELEVATION z 297.311 NGVD29 SCOTT MOZIER -DIRECTOR TRAFFIC SIGNAL IMPROVEMENTS AT TULARE AND "Q" STREETS SIGNAGE AND STRIPING GENERAL NOTES: l. WORK SHALL BE DONE IN ACCOROANCf WtTH THE 2015 EDmON �THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION STANDARD Pt.ANS ANO SPECIFICATIONS, INCLUDING ALL REVISIONS WtTH EXCEPTION TO RSP A20A, RSP A20B, RSP A20C, ANO RSP A200, THE LATEST CAL TRANS ADOPTED EOmDr'I OF THE CALIFORNIA MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES (CA-MUTCD), AND THE LATEST EDffiON OF TI-lE CITY Of FRESNO STANDARD SPECIFICATIONS, DRAWINGS, ANO SPECIAL PROVISIONS. 3. ALL SIGNS SHALL BE TYPE Ill OR IV RETROREFlECTlVE SHEETING PER ASTM D-1956·09. ALL SIGNS SHALL BE COVERED WtTH A TRANSLUO:NT ANTI-GRAFFITI FLUOROPOLYMER FILM TllAT DOES NOT IMPAIR THE REFLECTIVITY OF THE SIGN. 4. WITI-1 TllE EXCfPTION OF BIKE LANE SYMBOLS, ALL STRIPING SHALL BE 5 ALL CROSSWALKS SHALL BE 12 FEET WIDE, OUTSIDE EDGE TO OUTSIDE EDGE. 6 THE CONTRACTOR SHALL FURNISH ANO INSTALL NEW TYPE K-1 (CA) MARKERS ON ALL MEDIAN !SLANO NOSES, UNLESS OIBERWISE NOTED ON TllE.Pl.AN. 7. TI-lE CONTRACTOR SHALL INSTALL DETAIL 26 (RETRO-REFLECTIVE PAVEMENT MARKERS) ALONG ALL RAISEO MEDIANS, AS PER 2014 CALIFORNIA MUTCO. 8. TI-lE CONTRACTOR SHALL PAINT THE RADII � ALL RAISED MEO IAN !SIANO NOSES WtTH TWO COATS Of YELLOW TRAFFIC PAINT WITH RETRO REFlECTIVE 9. SIGNS SHALL BE INSTALLED PER CITY STANOARO DRAWING P-88, UNLESS 10. ALL R28(S)(CA) SIGNS SHALL BE "TOW-AWAY/NO STOPPING ANY TIME" SIGNS PER CITY STANDARD DRAWING P-91. PLAN .) / SCALE 1 """30' --" -��-= I I T TULARE STREET I SHEET INDEX DESCRIPTION COVER SHEET/STRIPING PLAN STREET IMPROVEMENTS PLAN TRAFFIC SIGNAL AND LIGHTING PLAN TRAFFIC SIGNAL AND LIGHTING GENERAL NOTES ANO SCHEDULES REVIEWED BY: SHEET NO DRAWING NO 15-E-10726 15-E-10727 4-E-2892 4-E-2893 tN2-U.d 1/i/2o20 CITY=�NGINEER DATE � (·Z·ZO SIGNAL & STREET LIGHT SUPERviSOR DATE � 1•2-•"-D ,."'"�ANAGEMENT � Q/022D OATIC CITY OF FRESNO Department of Public Works TRAFFIC SIGNAL IMPROVEMENTS AT TULARE AND "Q" STREETS COVER SHEET/STRIPING PLAN '\. "Exhibit A" "Exhibit A" "Exhibit A" "Exhibit A" AUTHORITY FOR EXPENDITURE ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ LOCATION : FRESNO LINE SEGMENT : 7200 AFE NUMBER : PLANITEM NUMBER : 234871000 MILEPOST : 998.1 RFA NUMBER : 5930220 PROPERTY OF : BNSF RAILWAY COMPANY DIVISION : CA CPAR NUMBER : C0000009 OPERATED BY : BNSF RAILWAY COMPANY SUBDIVISION : STOCKTON BUDGET YEAR : 2020 JOINT FACILITY : CITY OF FRESNO TRACK TYPE : S BUDGET CLASS : 6 % BILLABLE (+/-) : 100.0 TAX STATE : CA REPORTING OFFICE : 719 SPONSOR : VP ENGINEERING CENTER/ROLLUP : 23918 ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ PURPOSE, JUSTIFICATION AND DESCRIPTION PIP - CAN DIV STOCKTON SUB LS 7200 MP 998.1 - DOT#028549N - 100% BILLABLE TO CITY OF FRESNO --BNSF TO WIDEN GRADE CROSSING TO ACCOMMODATE THE CITY WIDENING CROSSING SIDEWALK BY 5 FT; TULARE ST. PLAN ITEM LINE SEG BEG MP END MP TRK NBR BEGIN STATION END STATION PROJECT TYPE BUD YEAR 234871000 7200 998.1 998.1 S FRESNO FRESNO PUBLIC IMPROVEMENT PROJECT 2020 CASH CAPITAL NONCASH CAPITAL OPERATING EXP REMOVAL COSTS BILLABLE TOTALS LABOR COSTS 0 0 0 0 4,056 4,056 MATERIAL COSTS 0 0 0 0 5,167 5,167 OTHER COSTS 0 0 0 0 12,121 12,121 TOTALS 0 0 0 0 21,344 21,344 SYSTEM MAINTENANCE AND PLANNING PRINTED ON: 03/09/2020 ESTIMATE REF. NUMBER: 5930220 ESTIMATED BY: SAVARD COSTING DATE: 03/09/2020 PRINTED BY: SAVARD Page 1 of 2 "Exhibit B" - ***** MAINTAIN PROPRIETARY CONFIDENTIALITY ***** BNSF RAILWAY COMPANY FHPM ESTIMATE FOR CITY OF FRESNO LOCATION FRESNO DETAILS OF ESTIMATE PLAN ITEM : 234871000 VERSION : 2 PURPOSE, JUSTIFICATION AND DESCRIPTION PIP - CAN DIV STOCKTON SUB LS 7200 MP 998.1 - DOT#028549N - 100% BILLABLE TO CITY OF FRESNO BNSF TO WIDEN GRADE CROSSING TO ACCOMMODATE THE CITY WIDENING CROSSING SIDEWALK BY 5 FT; TULARE ST. REQUESTOR: MATTHEW HANS 3/11/19 DESCRIPTION QUANTITY U/M COST TOTAL $ ********** LABOR ********** REPLACE PUBLIC CROSSING - TOTAL REHAB 8.0 MH 251 SURFACE TRACK - REPLACEMENT - CAP 24.0 MH 775 UNLOAD BALLAST - REPLACEMENT - CAP 1.0 MH 32 UNLOAD CROSSING MATERIAL - PUBLIC - CAP 4.0 MH 126 PAYROLL ASSOCIATED COSTS 772 DA OVERHEADS 1,283 EQUIPMENT EXPENSES 612 INSURANCE EXPENSES 205 TOTAL LABOR COST 4,056 4,056 ************* MATERIAL ************* ASPHALT IN PLACE PER TON 10.0 NT NX 1,417 BALLAST, FOR GENERIC USE ONLY 10.0 NT **103 SPIKE, TBR SCREW 3/4"X13", F/ROAD XING 18.0 EA **36 TIE, TRK,10FT,PRE-PLATED, PANDROL, 6IN , SQ HOLE 10.0 EA 1,267 CONC 136 08-SEC WITH FILLER FOR 10' WOOD TIES **8.0 FT **1,296 CONCRETE XING RAMP AND PANEL RESTRAINT,1.0 ST **310 MATERIAL HANDLING 148 ONLINE TRANSPORTATION 175 USE TAX 379 OFFLINE TRANSPORTATION 36 TOTAL MATERIAL COST 5,167 5,167 ********** OTHER ********** EQUIPMENT RENTAL 1.0 DAY 10,000 TOTAL OTHER ITEMS COST 10,000 10,000 PROJECT SUBTOTAL 19,223 CONTINGENCIES 1,909 BILL PREPARATION FEE 212 GROSS PROJECT COST 21,344 LESS COST PAID BY BNSF 0 TOTAL BILLABLE COST 21,344 Page 2 of 2 "Exhibit B" +�---------------------------------------------------�+ The Burlington Northern & San ta Fe Railway Colllpany TD RICHMOND EASTWARD APPR. 2817' � I� 40 MPH ::::,tc::95•� FRESNO ST " ✓- " / 1 1 � I �� I Hj·-··L_J / ! I I I I ), ! I I I I ), / ' MARIPOSA ST � M.P. 998.16 TULARE ST. DDT� 028 549 N --� PROJECT# ???06 CONTROL DEVICES: CONSTANT WARNING SALVAGE: NONE RED = IN YELLOW = OUT � INSTRUMENT HOUSE BELL � ®- • <> [> rO, ( � METER CROSSING CONTROLL CONNECTIONS BIDIRECTIONAL CROSSING CONTROL UNIDIRECTIONAL CROSSING CONTROL COUPLER OR TERMINATION GUARD RAIL � 50' -�<Ee------------- l i � � M.P. 998.16CROSSING / �' I 6'X6'1' I_ -_! � 16' �-E----------- <J [> W.E. FRESNO M.P. 998.14 GPS PTC ATCS � T tt� l::,. �' ' ' ' ' ' 224' ®- Warning device placement: CI eo,once to C. L. T,ock = Min. 12 1 Edge of Rood to C.L. Foundation: Min. 4 1 3 11 with cu,b, Min. 8 1 3n without cu,b, Mox. 12 1 House Cleo,once: 25 1 Min. to Neo, Roi I APPR. 2817' MPH IBll Li SW.LOCK MP 997.85 30 1 Min. to Edge of Rood ALL LIGHTS TO BE LED TD CALWA M.P. 997.80 VENTURA A VENUE " 1/ I I I :<> I I I :o " 1/ I I I I I / DWBS NBS NBS BNSF RAILWAY CO. LOCATION: FRESNO, CA STREET: TULARE STREET LS: 7200 M.P. 998.10 DOT 11 028 549 N DIVISION: CALIFORNIA SUBDIVISION: STOCKTON KANSAS CITY NO SCALE DATE: 03/19/2020 FILE: 77706-ST ATE SKETCH-.dgn AMW ++ "Exhibit B" ***** MAINTAIN PROPRIETARY CONFIDENTIALITY ***** BNSF RAILWAY COMPANY FHPM ESTIMATE FOR CITY OF FRESNO LOCATION SUNMAID CROSSING TO HAMMOND DETAILS OF ESTIMATE PLAN ITEM :000320827 VERSION :4 PURPOSE, JUSTIFICATION AND DESCRIPTION TULARE ST - FRESNO, CA; ADJUSTING & RECALIBRATING PREEMPTION; CALIFORNIA DIV; STOCKTON SUBDIV; LS 7200; MP 998.16; DOT# 028549N. SEQ. #77706. MONTHLY POWER UTILITY COST CENTER : 61692. THE MATERIAL LIST BELOW REFLECTS TYPICAL REPRESENTATIVE PACKAGES USED FOR ESTIMATING PURPOSES ONLY. THIS ESTIMATE IS GOOD FOR 180 DAYS. THE ESTIMATE IS SUBJECT TO CHANGE IN COST FOR LABOR, MATERIAL, AND OVERHEAD. CONTRACTS HAVE BEEN ESTABLISHED FOR PORTIONS OF SIGNAL WORK ON THE BNSF RAILROAD. ******************************* SIGNAL WORK ONLY ******************************* THE CITY OF FRESNO IS FUNDING 100% OF THIS PROJECT. MAINTAIN PROPRIETARY CONFIDENTIALITY. PRIMARY FUNDING SOURCE IS FHWA ** BUY AMERICA(N) APPLIES ** DESCRIPTION QUANTITY U/M COST TOTAL $ ********** LABOR ********** SIGNAL FIELD - REPLACE 240.0 MH 9,203 PAYROLL ASSOCIATED COSTS 6,016 DA OVERHEADS 9,988 EQUIPMENT EXPENSES 2,046 INSURANCE EXPENSES 1,610 TOTAL LABOR COST 28,863 28,863 ************* MATERIAL ************* MISC. WIRING 1.0 LS N 5,000 PREEMPTION PKG.1.0 LS N 6,594 RELAY 4.0 EA N 3,000 RELAY, EOR 7.0 EA N 5,250 SHUNT, NBS 2.0 EA N 2,037 USE TAX 1,997 OFFLINE TRANSPORTATION 274 TOTAL MATERIAL COST 24,152 24,152 ********** OTHER ********** CONTRACT ENGINEERING 1.0 LS N 8,000 TRAFFIC CONSULTANT 1.0 LS N 20,000 TOTAL OTHER ITEMS COST 28,000 28,000 PROJECT SUBTOTAL 81,015 CONTINGENCIES 0 BILL PREPARATION FEE 811 GROSS PROJECT COST 81,826 LESS COST PAID BY BNSF 0 TOTAL BILLABLE COST 81,826 EXHIBIT "C" CONTRACTOR REQUIREMENTS 1.01 General: 1.01.01 The Contractor must cooperate with BNSF RAILWAY COMPANY, hereinafter referred to as "Railway" where work is over or under on or adjacent to Railway property and/or right-of-way, hereafter referred to as "Railway Property", during the construction of ___________________________________________________________________ ___________________________________________________________________ ____________. 1.01.02 The Contractor must execute and deliver to the Railway duplicate copies of the Exhibit “C-1” Agreement, in the form attached hereto, obligating the Contractor to provide and maintain in full force and effect the insurance called for under Section 3 of said Exhibit “C-1”. Questions regarding procurement of the Railroad Protective Liability Insurance should be directed to Rosa Martinez at Marsh, USA, 214-303-8519. 1.01.03 The Contractor must plan, schedule and conduct all work activities so as not to interfere with the movement of any trains on Railway Property. 1.01.04 The Contractor's right to enter Railway's Property is subject to the absolute right of Railway to cause the Contractor's work on Railway's Property to cease if, in the opinion of Railway, Contractor's activities create a hazard to Railway's Property, employees, and/or operations. Railway will have the right to stop construction work on the Project if any of the following events take place: (i) Contractor (or any of its subcontractors) performs the Project work in a manner contrary to the plans and specifications approved by Railway; (ii) Contractor (or any of its subcontractors), in Railway’s opinion, prosecutes the Project work in a manner which is hazardous to Railway property, facilities or the safe and expeditious movement of railroad traffic; (iii) the insurance described in the attached Exhibit C-1 is canceled during the course of the Project; or (iv) Contractor fails to pay Railway for the Temporary Construction License or the Easement. The work stoppage will continue until all necessary actions are taken by Contractor or its subcontractor to rectify the situation to the satisfaction of Railway’s Division Engineer or until additional insurance has been delivered to and accepted by Railway. In the event of a breach of (i) this Agreement, (ii) the Temporary Construction License, or (iii) the Easement, Railway may immediately terminate the Temporary Construction License or the Easement. Any such work stoppage under this provision will not give rise to any liability on the part of Railway. Railway’s right to stop the work is in addition to any other rights Railway may have including, but not limited to, actions or suits for damages or lost profits. In the event that Railway desires to stop construction work on the Project, Railway agrees to immediately notify the following individual in writing: _______________________ _______________________ _______________________ _______________________  1.01.05 The Contractor is responsible for determining and complying with all Federal, State and Local Governmental laws and regulations, including, but not limited to environmental laws and regulations (including but not limited to the Resource Conservation and Recovery Act, as amended; the Clean Water Act, the Oil Pollution Act, the Hazardous Materials Transportation Act, CERCLA), and health and safety laws and regulations. The Contractor hereby indemnifies, defends and holds harmless Railway for, from and against all fines or penalties imposed or assessed by Federal, State and Local Governmental Agencies against the Railway which arise out of Contractor's work under this Agreement.  1.01.06 The Contractor must notify (Agency) at and Railway's Manager Public Projects, telephone number ( ) at least thirty (30) calendar days before commencing any work on Railway Property. Contractor’s notification to Railway must refer to Railway's file ___________.  1.01.07 For any bridge demolition and/or falsework above any tracks or any excavations located with any part of the excavations located within, whichever is greater, twenty-five (25) feet of the nearest track or intersecting a slope from the plane of the top of rail on a 2 horizontal to 1 vertical slope beginning at eleven (11) feet from centerline of the nearest track, both measured perpendicular to center line of track, the Contractor must furnish the Railway five sets of working drawings showing details of construction affecting Railway Property and tracks. The working drawing must include the proposed method of installation and removal of falsework, shoring or cribbing, not included in the contract plans and two sets of structural calculations of any falsework, shoring or cribbing. For all excavation and shoring submittal plans, the current “BNSF-UPRR Guidelines for Temporary Shoring” must be used for determining the design loading conditions to be used in shoring design, and all calculations and submittals must be in accordance with the current “BNSF-UPRR Guidelines for Temporary Shoring”. All submittal drawings and calculations must be stamped by a registered professional engineer licensed to practice in the state the project is located. All calculations must take into consideration railway surcharge loading and must be designed to meet American Railway Engineering and Maintenance-of-Way Association (previously known as American Railway Engineering Association) Coopers E-80 live loading standard. All drawings and calculations must be stamped by a registered professional engineer licensed to practice in the state the project is located. The Contractor must not begin work until notified by the Railway that plans have been approved. The Contractor will be required to use lifting devices such as, cranes and/or winches to place or to remove any falsework over Railway's tracks. In no case will the Contractor be relieved of responsibility for results obtained by the implementation of said approved plans.  1.01.08 Subject to the movement of Railway's trains, Railway will cooperate with the Contractor such that the work may be handled and performed in an efficient manner. The Contractor will have no claim whatsoever for any type of damages or for extra or additional compensation in the event his work is delayed by the Railway. 1.02 Contractor Safety Orientation  1.02.01 No employee of the Contractor, its subcontractors, agents or invitees may enter Railway Property without first having completed Railway’s Engineering Contractor Safety Orientation, found on the web site www.BNSFContractor.com. The Contractor must ensure that each of its employees, subcontractors, agents or invitees completes Railway’s Engineering Contractor Safety Orientation through internet sessions before any work is performed on the Project. Additionally, the Contractor must ensure that each and every one of its employees, subcontractors, agents or invitees possesses a card certifying completion of the Railway Contractor Safety Orientation before entering Railway Property. The Contractor is responsible for the cost of the Railway Contractor Safety Orientation. The Contractor must renew the Railway Contractor Safety Orientation annually. Further clarification can be found on the web site or from the Railway’s Representative. 1.03 Railway Requirements  1.03.01 The Contractor must take protective measures as are necessary to keep railway facilities, including track ballast, free of sand, debris, and other foreign objects and materials resulting from his operations. Any damage to railway facilities resulting from Contractor's operations will be repaired or replaced by Railway and the cost of such repairs or replacement must be paid for by the Agency.  1.03.02 The Contractor must notify the Railway's Division Engineer ________________________ at (_____)_________________ and provide blasting plans to the Railway for review seven (7) calendar days prior to conducting any blasting operations adjacent to or on Railway's Property.  1.03.03 The Contractor must abide by the following temporary clearances during construction:  15’-0” Horizontally from centerline of nearest track  21’-6” Vertically above top of rail  27'-0" Vertically above top of rail for electric wires carrying less than 750 volts  28'-0" Vertically above top of rail for electric wires carrying 750 volts to 15,000 volts  30'-0" Vertically above top of rail for electric wires carrying 15,000 volts to 20,000 volts  34'-0" Vertically above top of rail for electric wires carrying more than 20,000 volts  1.03.04 Upon completion of construction, the following clearances shall be maintained: [Note to Drafter: The vertical clearance should mirror the final negotiated design clearance]  25’ Horizontally from centerline of nearest track  23’ 6” Vertically above top of rail  1.03.05 Any infringement within State statutory clearances due to the Contractor's operations must be submitted to the Railway and to the (Agency) and must not be undertaken until approved in writing by the Railway, and until the (Agency) has obtained any necessary authorization from the State Regulatory Authority for the infringement. No extra compensation will be allowed in the event the Contractor's work is delayed pending Railway approval, and/or the State Regulatory Authority's approval.  1.03.06 In the case of impaired vertical clearance above top of rail, Railway will have the option of installing tell-tales or other protective devices Railway deems necessary for protection of Railway operations. The cost of tell-tales or protective devices will be borne by the Agency.  1.03.07 The details of construction affecting the Railway's Property and tracks not included in the contract plans must be submitted to the Railway by (Agency) for approval before work is undertaken and this work must not be undertaken until approved by the Railway.  1.03.08 At other than public road crossings, the Contractor must not move any equipment or materials across Railway's tracks until permission has been obtained from the Railway. The Contractor must obtain a "Temporary Construction Crossing Agreement" from the Railway prior to moving his equipment or materials across the Railways tracks. The temporary crossing must be gated and locked at all times when not required for use by the Contractor. The temporary crossing for use of the Contractor will be constructed and, at the completion of the project, removed at the expense of the Contractor.  1.03.09 Discharge, release or spill on the Railway Property of any hazardous substances, oil, petroleum, constituents, pollutants, contaminants, or any hazardous waste is prohibited and Contractor must immediately notify the Railway's Resource Operations Center at 1(800) 832-5452, of any discharge, release or spills in excess of a reportable quantity. Contractor must not allow Railway Property to become a treatment, storage or transfer facility as those terms are defined in the Resource Conservation and Recovery Act or any state analogue. 1.03.10 The Contractor upon completion of the work covered by this contract, must promptly remove from the Railway's Property all of Contractor's tools, equipment, implements and other materials, whether brought upon said property by said Contractor or any Subcontractor, employee or agent of Contractor or of any Subcontractor, and must cause Railway's Property to be left in a condition acceptable to the Railway's representative. 1.04 Contractor Roadway Worker on Track Safety Program and Safety Action Plan: 1.04.01 Each Contractor that will perform work within 25 feet of the centerline of a track must develop and implement a Roadway Worker Protection/On Track Safety Program and work with Railway Project Representative to develop an on track safety strategy as described in the guidelines listed in the on track safety portion of the Safety Orientation. This Program must provide Roadway Worker protection/on track training for all employees of the Contractor, its subcontractors, agents or invitees. This training is reinforced at the job site through job safety briefings. Additionally, each Contractor must develop and implement the Safety Action Plan, as provided for on the web site www.BNSFContractor.com, which will be made available to Railway prior to commencement of any work on Railway Property. During the performance of work, the Contractor must audit its work activities. The Contractor must designate an on-site Project Supervisor who will serve as the contact person for the Railway and who will maintain a copy of the Safety Action Plan, safety audits, and Material Safety Datasheets (MSDS), at the job site. [Note to Drafter: when appropriate insert e-RailSafe language as follows: 1.04.02 Contractor shall have a background investigation performed on all of its employees, subcontractors and agents who will be performing any services for Railroad under this Agreement which are determined by Railroad in its sole discretion a)to be on Railroad’s property, or b) that require access to Railroad Critical Infrastructure, Railroad Critical Information Systems, Railroad’s Employees, Hazardous Materials on Railroad’s property or is being transported by or otherwise in the custody of Railroad, or Freight in Transit involving Railroad. The required background screening shall at a minimum meet the rail industry background screening criteria defined by the e-RAILSAFE Program as outlined at www.eVerifile.com, in addition to any other applicable regulatory requirements. Contractor shall obtain written consent from all its employees, subcontractors or agents screened in compliance with the e-RAILSAFE Program to participate in the Program on their behalf and to release completed background information to Railroad’s designee. Contractor shall be subject to periodic audit to ensure compliance. Contractor subject to the e-RAILSAFE Program hereunder shall not permit any of its employees, subcontractors or agents to perform services hereunder who are not first approved under e-RAILSAFE Program standards. Railroad shall have the right to deny entry onto its premises or access as described in this section above to any of Contractor's employees, subcontractors or agents who do not display the authorized identification badge issued by a background screening service meeting the standards set forth in the e-RAILSAFE Program, or who in Railroad's opinion, which may not be unreasonable, may pose a threat to the safety or security of Railroad's operations, assets or personnel. Contractors shall be responsible for ensuring that its employees, subcontractors and agents are United States citizens or legally working in the United States under a lawful and appropriate work VISA or other work authorization. 1.05 Railway Flagger Services:  1.05.01 The Contractor must give Railway’s Roadmaster (telephone ________) a minimum of thirty (30) calendar days advance notice when flagging services will be required so that the Roadmaster can make appropriate arrangements (i.e., bulletin the flagger’s position). If flagging services are scheduled in advance by the Contractor and it is subsequently determined by the parties hereto that such services are no longer necessary, the Contractor must give the Roadmaster five (5) working days advance notice so that appropriate arrangements can be made to abolish the position pursuant to union requirements.  1.05.02 Unless determined otherwise by Railway’s Project Representative, Railway flagger will be required and furnished when Contractor’s work activities are located over, under and/or within twenty-five (25) feet measured horizontally from centerline of the nearest track and when cranes or similar equipment positioned beyond 25-feet from the track centerline could foul the track in the event of tip over or other catastrophic occurrence, but not limited thereto for the following conditions:  1.05.02a When, upon inspection by Railway’s Representative, other conditions warrant.  1.05.02b When any excavation is performed below the bottom of tie elevation, if, in the opinion of Railway's representative, track or other Railway facilities may be subject to movement or settlement.  1.05.02c When work in any way interferes with the safe operation of trains at timetable speeds.  1.05.02d When any hazard is presented to Railway track, communications, signal, electrical, or other facilities either due to persons, material, equipment or blasting in the vicinity.  1.05.02e Special permission must be obtained from the Railway before moving heavy or cumbersome objects or equipment which might result in making the track impassable.  1.05.03 Flagging services will be performed by qualified Railway flaggers.  1.05.03a Flagging crew generally consists of one employee. However, additional personnel may be required to protect Railway Property and operations, if deemed necessary by the Railways Representative.  1.05.03b Each time a flagger is called, the minimum period for billing will be the eight (8) hour basic day.  1.05.03c The cost of flagger services provided by the Railway will be borne by (Agency). The estimated cost for one (1) flagger is approximately between $800.00-$1,600.00 for an eight (8) hour basic day with time and one-half or double time for overtime, rest days and holidays. The estimated cost for each flagger includes vacation allowance, paid holidays, Railway and unemployment insurance, public liability and property damage insurance, health and welfare benefits, vehicle, transportation, meals, lodging, radio, equipment, supervision and other costs incidental to performing flagging services. Negotiations for Railway labor or collective bargaining agreements and rate changes authorized by appropriate Federal authorities may increase actual or estimated flagging rates. THE FLAGGING RATE IN EFFECT AT THE TIME OF PERFORMANCE BY THE CONTRACTOR HEREUNDER WILL BE USED TO CALCULATE THE ACTUAL COSTS OF FLAGGING PURSUANT TO THIS PARAGRAPH.  1.05.03d The average train traffic on this route is ______ freight trains per 24-hour period at a timetable speed ______ MPH and ______ passenger trains at a timetable speed of ______ MPH. 1.06 Contractor General Safety Requirements  1.06.01 Work in the proximity of railway track(s) is potentially hazardous where movement of trains and equipment can occur at any time and in any direction. All work performed by contractors within 25 feet of any track must be in compliance with FRA Roadway Worker Protection Regulations.  1.06.02 Before beginning any task on Railway Property, a thorough job safety briefing must be conducted with all personnel involved with the task and repeated when the personnel or task changes. If the task is within 25 feet of any track, the job briefing must include the Railway's flagger, as applicable, and include the procedures the Contractor will use to protect its employees, subcontractors, agents or invitees from moving any equipment adjacent to or across any Railway track(s).  1.06.03 Workers must not work within 25 feet of the centerline of any track without an on track safety strategy approved by the Railway’s Project Representative. When authority is provided, every contractor employee must know: (1) who the Railway flagger is, and how to contact the flagger, (2) limits of the authority, (3) the method of communication to stop and resume work, and (4) location of the designated places of safety. Persons or equipment entering flag/work limits that were not previously job briefed, must notify the flagger immediately, and be given a job briefing when working within 25 feet of the center line of track.  1.06.04 When Contractor employees are required to work on the Railway Property after normal working hours or on weekends, the Railway's representative in charge of the project must be notified. A minimum of two employees must be present at all times.  1.06.05 Any employees, agents or invitees of Contractor or its subcontractors under suspicion of being under the influence of drugs or alcohol, or in the possession of same, will be removed from the Railway's Property and subsequently released to the custody of a representative of Contractor management. Future access to the Railway's Property by that employee will be denied.  1.06.06 Any damage to Railway Property, or any hazard noticed on passing trains must be reported immediately to the Railway's representative in charge of the project. Any vehicle or machine which may come in contact with track, signal equipment, or structure (bridge) and could result in a train derailment must be reported immediately to the Railway representative in charge of the project and to the Railway's Resource Operations Center at 1(800) 832-5452. Local emergency numbers are to be obtained from the Railway representative in charge of the project prior to the start of any work and must be posted at the job site.  1.06.07 For safety reasons, all persons are prohibited from having pocket knives, firearms or other deadly weapons in their possession while working on Railway's Property.  1.06.08 All personnel protective equipment (PPE) used on Railway Property must meet applicable OSHA and ANSI specifications. Current Railway personnel protective equipment requirements are listed on the web site, www.BNSFContractor.com, however, a partial list of the requirements include: a) safety glasses with permanently affixed side shields (no yellow lenses); b) hard hats; c) safety shoe with: hardened toes, above-the-ankle lace-up and a defined heel; and d) high visibility retro-reflective work wear. The Railway’s representative in charge of the project is to be contacted regarding local specifications for meeting requirements relating to hi-visibility work wear. Hearing protection, fall protection, gloves, and respirators must be worn as required by State and Federal regulations. (NOTE – Should there be a discrepancy between the information contained on the web site and the information in this paragraph, the web site will govern.)  1.06.09 THE CONTRACTOR MUST NOT PILE OR STORE ANY MATERIALS, MACHINERY OR EQUIPMENT CLOSER THAN 25'-0" TO THE CENTER LINE OF THE NEAREST RAILWAY TRACK. MATERIALS, MACHINERY OR EQUIPMENT MUST NOT BE STORED OR LEFT WITHIN 250 FEET OF ANY HIGHWAY/RAIL AT-GRADE CROSSINGS OR TEMPORARY CONSTRUCTION CROSSING, WHERE STORAGE OF THE SAME WILL OBSTRUCT THE VIEW OF A TRAIN APPROACHING THE CROSSING. PRIOR TO BEGINNING WORK, THE CONTRACTOR MUST ESTABLISH A STORAGE AREA WITH CONCURRENCE OF THE RAILWAY'S REPRESENTATIVE.  1.06.10 Machines or vehicles must not be left unattended with the engine running. Parked machines or equipment must be in gear with brakes set and if equipped with blade, pan or bucket, they must be lowered to the ground. All machinery and equipment left unattended on Railway's Property must be left inoperable and secured against movement. (See internet Engineering Contractor Safety Orientation program for more detailed specifications)  1.06.11 Workers must not create and leave any conditions at the work site that would interfere with water drainage. Any work performed over water must meet all Federal, State and Local regulations.  1.06.12 All power line wires must be considered dangerous and of high voltage unless informed to the contrary by proper authority. For all power lines the minimum clearance between the lines and any part of the equipment or load must be; 200 KV or below - 15 feet; 200 to 350 KV - 20 feet; 350 to 500 KV - 25 feet; 500 to 750 KV - 35 feet; and 750 to 1000 KV - 45 feet. If capacity of the line is not known, a minimum clearance of 45 feet must be maintained. A person must be designated to observe clearance of the equipment and give a timely warning for all operations where it is difficult for an operator to maintain the desired clearance by visual means. 1.07 Excavation:  1.07.01 Before excavating, the Contractor must determine whether any underground pipe lines, electric wires, or cables, including fiber optic cable systems are present and located within the Project work area. The Contractor must determine whether excavation on Railway’s Property could cause damage to buried cables resulting in delay to Railway traffic and disruption of service to users. Delays and disruptions to service may cause business interruptions involving loss of revenue and profits. Before commencing excavation, the Contractor must contact BNSF’s Field Engineering Representative (______________). All underground and overhead wires will be considered HIGH VOLTAGE and dangerous until verified with the company having ownership of the line. It is the Contractor's responsibility to notify any other companies that have underground utilities in the area and arrange for the location of all underground utilities before excavating.  1.07.02 The Contractor must cease all work and notify the Railway immediately before continuing excavation in the area if obstructions are encountered which do not appear on drawings. If the obstruction is a utility and the owner of the utility can be identified, then the Contractor must also notify the owner immediately. If there is any doubt about the location of underground cables or lines of any kind, no work must be performed until the exact location has been determined. There will be no exceptions to these instructions.  1.07.03 All excavations must be conducted in compliance with applicable OSHA regulations and, regardless of depth, must be shored where there is any danger to tracks, structures or personnel.  1.07.04 Any excavations, holes or trenches on the Railway's Property must be covered, guarded and/or protected when not being worked on. When leaving work site areas at night and over weekends, the areas must be secured and left in a condition that will ensure that Railway employees and other personnel who may be working or passing through the area are protected from all hazards. All excavations must be back filled as soon as possible. 1.08 Hazardous Waste, Substances and Material Reporting:  1.08.01 If Contractor discovers any hazardous waste, hazardous substance, petroleum or other deleterious material, including but not limited to any non-containerized commodity or material, on or adjacent to Railway's Property, in or near any surface water, swamp, wetlands or waterways, while performing any work under this Agreement, Contractor must immediately: (a) notify the Railway's Resource Operations Center at 1(800) 832-5452, of such discovery: (b) take safeguards necessary to protect its employees, subcontractors, agents and/or third parties: and (c) exercise due care with respect to the release, including the taking of any appropriate measure to minimize the impact of such release. 1.09 Personal Injury Reporting  1.09.01 The Railway is required to report certain injuries as a part of compliance with Federal Railroad Administration (FRA) reporting requirements. Any personal injury sustained by an employee of the Contractor, subcontractor or Contractor's invitees while on the Railway's Property must be reported immediately (by phone mail if unable to contact in person) to the Railway's representative in charge of the project. The Non-Employee Personal Injury Data Collection Form contained herein is to be completed and sent by Fax to the Railway at 1(817) 352-7595 and to the Railway’s Project Representative no later than the close of shift on the date of the injury. NON-EMPLOYEE PERSONAL INJURY DATA COLLECTION (If injuries are in connection with rail equipment accident/incident, highway rail grade crossing accident or automobile accident, ensure that appropriate information is obtained, forms completed and that data entry personnel are aware that injuries relate to that specific event.) Injured Person Type: Passenger on train (C) Non-employee (N) (i.e., emp of another railroad, or, non-BNSF emp involved in vehicle accident, including company vehicles) Contractor/safety sensitive (F) Contractor/non-safety sensitive (G) Volunteer/safety sensitive (H) Volunteer/other non-safety sensitive (I) Non-trespasser (D) - to include highway users involved in highway rail grade crossing accidents who did not go around or through gates Trespasser (E) - to include highway users involved in highway rail grade crossing accidents who went around or through gates Non-trespasser (J) - Off railroad property If train involved, Train ID: ________________________________ Transmit attached information to Accident/Incident Reporting Center by: Fax 1-817-352-7595 or by Phone 1-800-697-6736 or email to: Accident-Reporting.Center@BNSF.com Officer Providing Information: (Name) (Employee No.) (Phone #) REPORT PREPARED TO COMPLY WITH FEDERAL ACCIDENT REPORTING REQUIREMENTS AND PROTECTED FROM DISCLOSURE PURSUANT TO 49 U.S.C. 20903 AND 83 U.S.C. 490 21 of 22 NON-EMPLOYEE PERSONAL INJURY DATA COLLECTION INFORMATION REQUIRED TO BE COLLECTED PURSUANT TO FEDERAL REGULATION. IT SHOULD BE USED FOR COMPLIANCE WITH FEDERAL REGULATIONS ONLY AND IT IS NOT INTENDED TO PRESUME ACCEPTANCE OF RESPONSIBILITY OR LIABILITY. 1. Accident City/St: 2. Date: Time: County: 3. Temperature: 4. Weather: (if non BNSF location) Mile Post / Line Segment: 5. Driver’s License No (and state) or other ID: SSN (required): 6. Name (last, first, mi): 7. Address: City: St: Zip: 8. Date of Birth: and/or Age: Gender: (if available) Phone Number: Employer: 9. Injury: 10. Body Part: (i.e., Laceration, etc.) (i.e., Hand, etc.) 11. Description of Accident (To include location, action, result, etc.): 12. Treatment: First Aid Only Required Medical Treatment Other Medical Treatment 13. Dr. Name: Date: 14. Dr. Address: Street: City: St: Zip: 15. Hospital Name: 16. Hospital Address: Street: City: St: Zip: 17. Diagnosis: 22 of 22 DPW 23.0 PWI/07-30-18 FHWA DIV I.pdf 1.29 rev. 04-20 SAMPLE CONTRACT CITY OF FRESNO, CALIFORNIA PUBLIC WORK OF IMPROVEMENT THIS CONTRACT is made and entered into by and between CITY OF FRESNO, a California municipal corporation (City), and [Contractor Name], [Legal Identity] (Contractor) as follows: 1. Contract Documents. The “Notice Inviting Bids,” “Instructions to Bidders,” “Bid Proposal,” and the “Specifications” including “General Conditions,” “Special Conditions,” and “Technical Specifications” for the following: [Title] (Bid File No. [Bid File No.]) [Alternates (if any)] copies of which are annexed hereto, together with all the drawings, plans, and documents specifically referred to in said annexed documents, including Performance and Payment Bonds, if required, and are hereby incorporated into and made a part of this Contract, and shall be k nown as the Contract Documents. 2. Price and Work. For the monetary consideration of [Written Dollar Amount] dollars and [Written Cents Amount] cents ($[Amount]), as set forth in the Bid Proposal, Contractor promises and agrees to perform or cause to be performed, in a good and workmanlike manner, under the direction and to the satisfaction of the City’s “Engineer,” and in strict accordance with the Specifications, all of the work as set forth in the Contract Documents. 3. Payment. City accepts Contractor’s Bid Proposal as stated and agrees to pay the consideration stated, at the times, in the amounts, and under the conditions specified in the Contract Documents. The Contractor agrees to accept electronic payment from City. 4. Indemnification. To the furthest extent allowed by law including California Civil Code Section 2782, Contractor shall indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, for feitures, 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 whethe r City or any of its officers, officials, employees, agents or volunteers are passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused by the active or sole negligence, or willful misconduct, of City or any of its officers, officials, employees, agents or volunteers. If Contractor should subcontract all or any portion of the work to be performed under this Contract, Contractor shall require each subcontractor to indemnify, hold harmless and def end 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. 6. Trench Shoring Detailed Plan. Contractor acknowledges the provisions of Section 6705 of the California Labor Code and, if said provisions are applicable to this Contract, agrees to comply therewith. 6. Worker’s Compensation Certification. In compliance with the provisions of Section 1861 of the California Labor Code, Contractor hereby certifies as follows: I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for worker’s compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this Contract and will make my subcontractors aware of this provision. [Signatures follow on the next page.] DPW 23.0 PWI/07-30-18 FHWA DIV I.pdf 1.30 rev. 04-20 IN WITNESS W HEREOF, the parties have executed this Contract on the day and year here below written, of which the date of execution by City shall be subsequent to that of Contractor’s, and this Contract shall be binding and effective upon execution by both parties. [Contractor Name], [Legal Identity] By: Name: (Type or print written signature.) Title: (If corporation or LLC, Board Chair, Pres. or Vice Pres.) Dated: By: Name: (Type or print written signature.) Title: (If corporation or LLC, CFO, Treasurer, Secretary or Assistant Secretary) Dated: CITY OF FRESNO, a California municipal corporation By: [Name], [Title] Department of Public W orks Dated: ATTEST: YVONNE SPENCE, MMC CRM City Clerk By: Deputy No signature of City Attorney required. Standard Document #DPW 23.0 PWI has been used without modification, as certified by the undersigned. By: [City Certifier Name] [City Certifier Title] Department of Public Works City address: City of Fresno Attention: [Name], [Title] [Street Address] Fresno, CA [Zip] Attachment: Form 1273 FISCAL IMPACT STATEMENT PROGRAM: Traffic Signal Improvements at Tulare and “Q” Streets (Rebid) PW00812 TOTAL OR ANNUALIZED RECOMMENDATION CURRENT COST Direct Cost $710,672 Indirect Cost $462,237 TOTAL COST $1,172,909 Additional Revenue or Savings Generated $0 Net City Cost $1,172,909 Amount Budgeted (If none budgeted, identify source) $785,100 Indirect cost consists of the following: Preliminary Engineering $166,500 Construction Engineering $ 80,500 Construction Utilities $ 41,000 BNSF Agreement $103,170 Contingency $ 71,067 Total $462,237 The Traffic Signal Improvements at Tulare and “Q” Streets is located in Council District 3. The overall cost of the project is $1,172,909 and is locally funded by SB1 Road Maintenance and Rehabilitation Account and Local Transportation Fund for Pedestrian and Bike facilities. Of the overall project budget, $710,672 will be used for the construction contract award. The project will have no impact to the General Fund. RLS: A21-0785 FILE ID: 21-22690 REPORT TO THE CITY COUNCIL DATE: June 17, 2021 FROM:SCOTT L. MOZIER, PE, Director Public Works Department SUBJECT: RESOLUTION – Adopting a list of proposed Public Works projects to receive Senate Bill 1 (SB1) Road Maintenance and Rehabilitation Account funding for City Fiscal Year 2022 RECOMMENDATION: Staff recommends the Council adopt a resolution approving the list of proposed City of Fresno (City) projects to be submitted to the California Transportation Commission (CTC) for receipt of Senate Bill 1 (SB1) Road Maintenance and Rehabilitation Account (RMRA) funds for City FY2022. EXECUTIVE SUMMARY: On March 24, 2021, the CTC adopted revised program reporting guidelines for SB1 funding, updated from the previous August 2018 guidelines. The CTC guidelines require that in order to receive funding in the 2021-22 fiscal year, the governing body of a local agency must adopt a resolution with the list of projects proposed for SB1 funds, prior to July 1, 2021. The attached resolution meets CTC’s submission criteria. The recommended projects reflect pavement conditions, traffic studies, leveraging of dollars with grant funding, and significant input from Council district offices. The revenue figures shown on the attached project list reflect the latest projections from the State of California and League of Cities. BACKGROUND: On August 15, 2018, the CTC adopted guidelines for SB1 RMRA funding designated for cities and counties. Revised guidelines were adopted by the CTC on March 24, 2021. One significant change in the guidelines is an extension of the due date to July 1st rather than May 1st, allowing cities and counties additional time to submit project lists each year. Pursuant to the guidelines, a proposed project listing must be submitted to the CTC prior to July 1, 2021, for consideration. The submission must include a resolution of the Council adopting the list, which per the CTC guidelines should be taken as a standalone action and not as a part of the annual budget adoption. The CTC will then adopt a list of cities and counties which have met its guidelines at its August Commission meeting and forward the list to the State Controller, who will in turn release SB1 funds to the appropriate recipients (cities and counties). The attached resolution is, therefore, required for the City to receive SB1 funding for its eligible street projects. 5 6 5 Should the City not adopt a proposed project list via resolution by July 1, 2021, the Controller will retain what would have been the City’s monthly share for a period of 90 days. Should a list not be provided within that time frame, the CTC will reapportion what would have been the City’s share of SB1 funds to other eligible cities and counties. To prevent delays in SB1 projects, staff recommends the project list be adopted by resolution and submitted to the CTC by July 1, 2021. The CTC only requires cities and counties to submit a resolution of proposed funding for new SB1 revenue in the upcoming fiscal year, and has directed that no unspent carryover funding should be included in that project listing. However, in order to clearly align with the proposed FY2022 budget, staff has also included a separate list of carryover funding from FY2021 to FY2022 for those projects and expenditures which could not be fully completed in FY2021 (see attachment). SB1 specifies the following eligible uses: • Road Maintenance and Rehabilitation • Safety Projects • Railroad Grade Separations • Complete Streets Components (including active transportation purposes, pedestrian and bicycle safety projects, transit facilities, and drainage and stormwater capture projects in conjunction with any other allowable project) • Traffic Control Devices Further, Streets & Highways Code Section 2030(b)(2) states that funds made available by the RMRA program may also be used to satisfy a match requirement in order to obtain State or Federal funds, provided that the projects fall into the eligible SB1 categories. The Public Works Department utilizes a pavement management system for the City’s 1,700 centerline-miles to evaluate the condition of the street network and to recommend pavement treatments. Streets are rated using an industry-standard pavement condition index (PCI) ranging from 0 to 100, with zero being a pothole-riddled crumbling street and 100 being a newly surfaced roadway. A PCI score of 80-100 is rated as “very good-excellent,” 70-79 as “good,” 60-69 as “fair,” 50-59 as “at-risk,” 25-49 as “poor,” and 0-24 as “failed.” Based upon PCI ratings and field observations by trained engineering and maintenance professionals, projects are recommended, including slurry seals, grinding and overlays, as well as total reconstruction. The City’s overall PCI has been in steady decline in recent years due to insufficient funding for street maintenance. In 2008, the overall PCI was estimated at 72, but the average was somewhat inflated due to the building boom and relatively large amount of new street mileage in residential subdivisions. By 2013, the average PCI had declined to 68, and as of 2019 is estimated at 58. The Department is underway with an updated Citywide pavement condition index under a consulting agreement previously approved by the Council, with a planned completion date of December 2021. The adoption of the resolution will not limit or reduce future Council authority to appropriate funding for projects each year in the City budget, in accordance with the Charter, but rather will comply with State requirements to become eligible for receipt of funds. Per the CTC’s adopted guidelines, the project list does not limit the flexibility of an eligible city or county to fund projects in accordance with local needs and priorities, so long as the projects are consistent with SB1 RMRA priorities. ENVIRONMENTAL FINDINGS: 5 6 5 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: Adoption of the attached resolution will not impact the General Fund. Project costs would be paid for from SB1 funds and funds appropriated by the Council in the adopted budget. ATTACHMENTS: Resolution SB1 Project List for FY2022 Carryover Projects from FY2021 to FY2022 SB1 RMRA Annual Reporting Guidelines FY2022 Project List for SB1 RMRA RevenuesCity of Fresno, Public Works DepartmentNewProposed FY22Project ID Project Description Project Location District SB1 Funding Mileage Min Max Start CompletePW00919 Traffic Signal Hughes & Shields Left Turn Phasing Hughes and Shields Avenues 1$638,000 - 20 50 7/20 9/22SB00055 Santa Fe-Indianapolis-West-Tielman Paving (CONST) Santa Fe-Indianapolis-West-Tielman Neighborhood 1$458,600 1.30 7 20 1/21 6/22SB00085 Dakota, Hughes to Marks Paving Dakota Ave, Hughes to Marks 1$247,700 0.50 7 20 7/21 6/22PW00905 Traffic Signal Gettysburg & Polk & Sidewalk Gettysburg Avenue, 750' west of Polk to Polk Ave 1 $294,500 0.15 20 50 1/20 9/22PW00836 Traffic Signal Barstow & Palm LT Phasing Barstow & Palm Avenues 2 $81,400 - 20 50 1/19 6/22PW00917 Traffic Signal West & Sierra LT Phasing West & Sierra Avenues 2 $577,000 - 20 50 7/20 9/22PW00920 Traffic Signal Blythe & Gates Blythe & Gates Avenues 2 $555,700 - 20 50 7/20 10/22PW00962 Audubon/Lexington Intersection Improvements (PE) Audubon & Lexington Avenues 2 $50,000 - 20 50 7/21 6/23SB00065 Maroa, Sierra to Herndon Paving Maroa Avenue, Sierra to Herndon 2 $25,900 0.50 7 20 7/21 6/22SB00086 Alluvial-Marks-Van Ness, Concrete Repair Alluvial Avenue, Marks to Van Ness 2 $142,000 0.50 7 20 7/21 6/22SB00087 Browning-Bullard-Prospect-Marks Concrete Repair Browning-Bullard-Prospect-Marks Neighborhood 2$128,000 0.90 7 20 7/21 6/22PW00886 Traffic Signal Left Turn Phasing Tulare and "U" Street (CONST) Tulare and "U" Streets 3 $78,900 - 20 50 7/19 1/22PW00893 Muir Elementary School - Safe Routes to School Palm-Olive-Broadway-Belmont Neighborhood 3$463,000 0.50 7 20 7/19 6/23SB00056 Atchison-Delno-California Neighborhood Paving (CONST) Atchison-Delno-California Neighborhood 3$182,200 0.55 7 20 1/21 6/22SB00066 Blythe, Weldon to Clinton Paving Blythe Avenue, Weldon to Clinton 3 $259,000 0.25 7 20 7/21 6/22SB00088 Jensen-Grove-Fruit-Arthur Concrete Repair Jensen-Grove-Fruit-Arthur Neighborhood 3$52,000 0.60 7 20 7/21 6/22SB00089 Jensen-Grove-Arthur-Walnut Concrete Repair Jensen-Grove-Arthur-Walnut Neighborhood 3$66,000 2.50 7 20 7/21 6/22SB00090 Jensen-Grove-Walnut-Knight Concrete Repair Jensen-Grove-Walnut-Knight Neighborhood 3$40,000 1.10 7 20 7/21 6/22SB00091 Broadway - Inyo to Ventura Concrete Repair Broadway, Inyo to Ventura 3 $175,000 0.20 7 20 7/21 6/22SB00092 Blythe, McKinley to Weldon Paving Blythe Avenue, McKinley to Weldon 3 $200,100 0.25 7 20 7/21 6/22SB00067 Sierra Vista, Dakota to Shields Paving Sierra Vista Ave, Dakota to Shields 4 $205,000 0.50 7 20 7/21 6/22SB00093 Garland-Fedora-Sierra Vista Concrete Repairs Garland-Fedora-Sierra Neighborhood 4$45,000 0.50 7 20 7/21 6/22SB00094Browning-Bullard-Millbrook-Ninth Concrete RepairsBrowning-Bullard-Millbrook-Ninth Neighborhood 4$46,600 1.40 7 20 7/21 6/22SB00095Browning-Bullard-Millbrook-Ninth PavingBrowning-Bullard-Millbrook-Ninth Neighborhood 4$511,200 1.40 7 20 7/21 6/22PW00908 Traffic Signal Fresno and Browning (M) Fresno Street and Browning Avenue 4 $187,300 - 20 50 1/19 3/23PW00839 Traffic Signal Armstrong and Lane (CONST) Armstrong and Lane Avenues 5 $81,700 - 20 50 1/19 1/22PW00885 Traffic Signal Left Turn Phasing Butler & Cedar (CONST) Butler and Cedar Avenues 5 $138,600 - 20 50 7/19 2/22PW00903 Traffic Signals Butler/8th and Orange/Lowe (M) Butler and 8th Ave, Orange and Lowe Ave 5 $405,800 - 20 50 7/19 1/23PW00907 Barton/Florence Sidewalks & Paving (M) Barton Avenue, Florence to Church 5 $302,900 0.30 7 20 1/20 12/22PW00968 Orange Avenue Sidewalks, Hamilton to Butler Orange Avenue, Hamilton to Butler 5 $20,000 0.25 20 50 7/21 6/23SB00071 Northbound Clovis Avenue, Fancher Creek Bridge to Belmont Paving Clovis Avenue, Fancher Creek to Belmont Ave 5 $387,100 0.707 20 7/21 6/22SB00096 Lowe - Peach to Villa Paving Lowe Avenue, Peach to Villa 5$63,400 0.25 7 20 7/21 6/22SB00097 Butler-Chestnut-Dwight-Maple Concrete Repairs (Phase 1) Butler-Chestnut-Dwight-Maple Neighborhood 5$213,000 4.00 7 20 7/21 6/22PW00853 Chestnut Ave, Bullard to Herndon Paving (CONST) Chestnut Avenue, Bullard to Herndon 6 $231,900 1.00 10 20 1/19 10/21SB00078 Warner/Herndon Frontage, First St to Millbrook Warner & Herndon Frontage Rd, First to Millbrook 6$275,000 0.50 10 20 7/20 6/21SB00079 Audubon Dr Repaving, Friant to Cole Audubon Drive, Friant to Cole 6 $224,100 0.25 10 20 7/21 6/22SB00080 Cedar and Shepherd Intersection Repairs Cedar and Shepherd Avenues 6 $30,000 0.10 7 20 7/21 6/22SB00098 Lakeview-Westshore-Eastshore Neighborhood Concrete Repairs Lakeview-Westshore-Eastshore Neighborhood 6$140,000 2.50 7 20 7/21 6/22PW00856 Traffic Signal Clinton & Angus (M) Clinton and Angus Avenues 7$115,100 - 20 50 1/20 3/22SB00059 Bremer, Blackstone to Abby Paving Bremer Avenue, Blackstone to Abby 7 $50,000 0.10 7 20 7/21 6/22SB00072 Clark, McKinley to Floradora Paving & Concrete Clark Avenue, McKinley to Floradora 7 $129,200 0.25 7 20 7/21 6/22SB00099 First-41-Belmont-McKenzie Concrete Repair First-41-Belmont-McKenzie Neighborhood 7$90,000 1.30 7 20 7/21 6/22SB00100 Fresno Street - Clinton to Shields Paving Fresno Street, Clinton to Shields 7 $353,100 0.50 7 20 7/21 6/22PW00882 Fresno Street Corridor Improvements (M) Fresno Street, B Street to Friant Road 3, 7 $123,800 - 15 30 7/19 12/22PW00906 First Street Repaving & Cycle Track, Tulare to Ventura (M) First Street, Tulare to Ventura 3, 5 $672,300 0.50 7 20 1/20 7/22PW00912 Maroa/Shields/BNSF Safety Improvements Maroa and Shields Avenues near BNSF crossings 1, 7 $565,800 0.25 20 50 7/20 12/23TOTAL FY2021$10,322,900 23.80(PE) signifies the preliminary engineering / pre-construction work, including surveying, CEQA, project management, engineering design, bidding and legal expenses. Construction will be scheduled for a future fiscal year when full funding is obtained.(ROW) signifies the ROW acquisition phase (pre-construction)(M) indicates the project SB1 funds are matching/leveraging other dollars(CONST) indicates construction starting in FY2021; costs shown for FY2022 completion.ScheduleUseful Life (yrs) for Completion FY2022 Project List for SB1 RMRA RevenuesCity of Fresno, Public Works DepartmentNewProposed FY22Project ID Project Description Project Location District SB1 Funding Mileage Min Max Start CompletePW00919 Traffic Signal Hughes & Shields Left Turn Phasing Hughes and Shields Avenues 1$638,000 - 20 50 7/20 9/22SB00055 Santa Fe-Indianapolis-West-Tielman Paving (CONST) Santa Fe-Indianapolis-West-Tielman Neighborhood 1$458,600 1.30 7 20 1/21 6/22SB00085 Dakota, Hughes to Marks Paving Dakota Ave, Hughes to Marks 1$247,700 0.50 7 20 7/21 6/22PW00905 Traffic Signal Gettysburg & Polk & Sidewalk Gettysburg Avenue, 750' west of Polk to Polk Ave 1 $294,500 0.15 20 50 1/20 9/22PW00836 Traffic Signal Barstow & Palm LT Phasing Barstow & Palm Avenues 2 $81,400 - 20 50 1/19 6/22PW00917 Traffic Signal West & Sierra LT Phasing West & Sierra Avenues 2 $577,000 - 20 50 7/20 9/22PW00920 Traffic Signal Blythe & Gates Blythe & Gates Avenues 2 $555,700 - 20 50 7/20 10/22PW00962 Audubon/Lexington Intersection Improvements (PE) Audubon & Lexington Avenues 2 $50,000 - 20 50 7/21 6/23SB00065 Maroa, Sierra to Herndon Paving Maroa Avenue, Sierra to Herndon 2 $25,900 0.50 7 20 7/21 6/22SB00086 Alluvial-Marks-Van Ness, Concrete Repair Alluvial Avenue, Marks to Van Ness 2 $142,000 0.50 7 20 7/21 6/22SB00087 Browning-Bullard-Prospect-Marks Concrete Repair Browning-Bullard-Prospect-Marks Neighborhood 2$128,000 0.90 7 20 7/21 6/22PW00886 Traffic Signal Left Turn Phasing Tulare and "U" Street (CONST) Tulare and "U" Streets 3 $78,900 - 20 50 7/19 1/22PW00893 Muir Elementary School - Safe Routes to School Palm-Olive-Broadway-Belmont Neighborhood 3$463,000 0.50 7 20 7/19 6/23SB00056 Atchison-Delno-California Neighborhood Paving (CONST) Atchison-Delno-California Neighborhood 3$182,200 0.55 7 20 1/21 6/22SB00066 Blythe, Weldon to Clinton Paving Blythe Avenue, Weldon to Clinton 3 $259,000 0.25 7 20 7/21 6/22SB00088 Jensen-Grove-Fruit-Arthur Concrete Repair Jensen-Grove-Fruit-Arthur Neighborhood 3$52,000 0.60 7 20 7/21 6/22SB00089 Jensen-Grove-Arthur-Walnut Concrete Repair Jensen-Grove-Arthur-Walnut Neighborhood 3$66,000 2.50 7 20 7/21 6/22SB00090 Jensen-Grove-Walnut-Knight Concrete Repair Jensen-Grove-Walnut-Knight Neighborhood 3$40,000 1.10 7 20 7/21 6/22SB00091 Broadway - Inyo to Ventura Concrete Repair Broadway, Inyo to Ventura 3 $175,000 0.20 7 20 7/21 6/22SB00092 Blythe, McKinley to Weldon Paving Blythe Avenue, McKinley to Weldon 3 $200,100 0.25 7 20 7/21 6/22SB00067 Sierra Vista, Dakota to Shields Paving Sierra Vista Ave, Dakota to Shields 4 $205,000 0.50 7 20 7/21 6/22SB00093 Garland-Fedora-Sierra Vista Concrete Repairs Garland-Fedora-Sierra Neighborhood 4$45,000 0.50 7 20 7/21 6/22SB00094Browning-Bullard-Millbrook-Ninth Concrete RepairsBrowning-Bullard-Millbrook-Ninth Neighborhood 4$46,600 1.40 7 20 7/21 6/22SB00095Browning-Bullard-Millbrook-Ninth PavingBrowning-Bullard-Millbrook-Ninth Neighborhood 4$511,200 1.40 7 20 7/21 6/22PW00908 Traffic Signal Fresno and Browning (M) Fresno Street and Browning Avenue 4 $187,300 - 20 50 1/19 3/23PW00839 Traffic Signal Armstrong and Lane (CONST) Armstrong and Lane Avenues 5 $81,700 - 20 50 1/19 1/22PW00885 Traffic Signal Left Turn Phasing Butler & Cedar (CONST) Butler and Cedar Avenues 5 $138,600 - 20 50 7/19 2/22PW00903 Traffic Signals Butler/8th and Orange/Lowe (M) Butler and 8th Ave, Orange and Lowe Ave 5 $405,800 - 20 50 7/19 1/23PW00907 Barton/Florence Sidewalks & Paving (M) Barton Avenue, Florence to Church 5 $302,900 0.30 7 20 1/20 12/22PW00968 Orange Avenue Sidewalks, Hamilton to Butler Orange Avenue, Hamilton to Butler 5 $20,000 0.25 20 50 7/21 6/23SB00071 Northbound Clovis Avenue, Fancher Creek Bridge to Belmont Paving Clovis Avenue, Fancher Creek to Belmont Ave 5 $387,100 0.707 20 7/21 6/22SB00096 Lowe - Peach to Villa Paving Lowe Avenue, Peach to Villa 5$63,400 0.25 7 20 7/21 6/22SB00097 Butler-Chestnut-Dwight-Maple Concrete Repairs (Phase 1) Butler-Chestnut-Dwight-Maple Neighborhood 5$213,000 4.00 7 20 7/21 6/22PW00853 Chestnut Ave, Bullard to Herndon Paving (CONST) Chestnut Avenue, Bullard to Herndon 6 $231,900 1.00 10 20 1/19 10/21SB00078 Warner/Herndon Frontage, First St to Millbrook Warner & Herndon Frontage Rd, First to Millbrook 6$275,000 0.50 10 20 7/20 6/21SB00079 Audubon Dr Repaving, Friant to Cole Audubon Drive, Friant to Cole 6 $224,100 0.25 10 20 7/21 6/22SB00080 Cedar and Shepherd Intersection Repairs Cedar and Shepherd Avenues 6 $30,000 0.10 7 20 7/21 6/22SB00098 Lakeview-Westshore-Eastshore Neighborhood Concrete Repairs Lakeview-Westshore-Eastshore Neighborhood 6$140,000 2.50 7 20 7/21 6/22PW00856 Traffic Signal Clinton & Angus (M) Clinton and Angus Avenues 7$115,100 - 20 50 1/20 3/22SB00059 Bremer, Blackstone to Abby Paving Bremer Avenue, Blackstone to Abby 7 $50,000 0.10 7 20 7/21 6/22SB00072 Clark, McKinley to Floradora Paving & Concrete Clark Avenue, McKinley to Floradora 7 $129,200 0.25 7 20 7/21 6/22SB00099 First-41-Belmont-McKenzie Concrete Repair First-41-Belmont-McKenzie Neighborhood 7$90,000 1.30 7 20 7/21 6/22SB00100 Fresno Street - Clinton to Shields Paving Fresno Street, Clinton to Shields 7 $353,100 0.50 7 20 7/21 6/22PW00882 Fresno Street Corridor Improvements (M) Fresno Street, B Street to Friant Road 3, 7 $123,800 - 15 30 7/19 12/22PW00906 First Street Repaving & Cycle Track, Tulare to Ventura (M) First Street, Tulare to Ventura 3, 5 $672,300 0.50 7 20 1/20 7/22PW00912 Maroa/Shields/BNSF Safety Improvements Maroa and Shields Avenues near BNSF crossings 1, 7 $565,800 0.25 20 50 7/20 12/23TOTAL FY2021$10,322,900 23.80(PE) signifies the preliminary engineering / pre-construction work, including surveying, CEQA, project management, engineering design, bidding and legal expenses. Construction will be scheduled for a future fiscal year when full funding is obtained.(ROW) signifies the ROW acquisition phase (pre-construction)(M) indicates the project SB1 funds are matching/leveraging other dollars(CONST) indicates construction starting in FY2021; costs shown for FY2022 completion.ScheduleUseful Life (yrs) for Completion Carryover Funding from FY2021 to FY2022 for SB1 RMRA Revenues City of Fresno, Public Works Department Project ID CD Project Description Carryover FY21 to FY22 SB00055 1 Santa Fe-Indianapolis-West-Tielman Paving 69,300 SB00064 1 Ashlan-Bengston-Sussex Paving 266,600 SB00044 2 Figarden Loop, Marks to Bullard Concrete Repairs 96,500 SB00065 2 Maroa, Sierra To Herndon Paving 359,200 SB00060 7 Dakota-Maroa-FIDcanal-Blackstone Paving 546,500 PW00833 1 TS: Harrison & Shields Avenues 9,300 PW00834 1 Marks Overlay Ashlan to Dakota 149,900 PW00919 1 TS LT Hughes & Shields 32,700 PW00812 3 TS Tulare and "Q" Street 146,700 PW00837 3 TS: California & Walnut 24,000 PW00771 M BPMP Bridge Deck Rehab Phase 2 16,900 PW00882 M Fresno St Corridor Improvement 39,600 TOTAL 1,757,200$ Dollars shown for reference only, as SB1 carryover between fiscal years is not required for the annual project lists to be submitted to the California Transportation Commission. THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 LOCAL STREETS AND ROADS FUNDING PROGRAM 2021 REPORTING GUIDELINES March 2021 California Transportation Commission i CALIFORNIA TRANSPORTATION COMMISSION THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 LOCAL STREETS AND ROADS FUNDING PROGRAM ANNUAL REPORTING GUIDELINES TABLE OF CONTENTS I. Introduction...................................................................................................................... 1 1. Background and Purpose of Reporting Guidelines.................................................2 2. Funding Program Objectives and Statutory Requirements....................................1 3. Funding Program Roles and Responsibilities......................................................... 3 4. Funding Program Schedule....................................................................................... 4 II. Funding............................................................................................................................5 5. Source..........................................................................................................................5 6. Estimation and Disbursement of Funds................................................................... 6 III. Eligibility and Funding Program Priorities.................................................................. 7 7. Eligible Recipients...................................................................................................... 7 8. Funding Program Priorities and Example Projects................................................. 7 IV. Project List Submittal....................................................................................................8 9. Content and Format of Project List...........................................................................8 10. Process and Schedule for Project List Submittal....................................................13 11. Commission Submittal of Eligible Entities to the State Controller’s Office..........13 V. Annual Project Expenditure Reporting and Auditing..................................................14 12. Scope of the Annual Project Expenditure Report...................................................16 13. Process and Schedule for Project Expenditure Report Submittal........................18 14. Commission Reporting of Project Information Received...................................... 18 15. State Controller Expenditure Reporting and Maintenance of Effort Monitoring..19 16. Workforce Development Requirements and Project Signage............................... 21 ii I. Introduction 1. Background and Purpose of Reporting Guidelines On April 28, 2017 the Governor signed Senate Bill (SB) 1 (Beall, Chapter 5, Statutes of 2017), which is known as the Road Repair and Accountability Act of 2017. To address basic road maintenance, rehabilitation and critical safety needs on both the state highway and local streets and road system, SB 1: increases per gallon fuel excise taxes; increases diesel fuel sales taxes and vehicle registration fees; and provides for inflationary adjustments to tax rates in future years. As of November 1, 2017, the State Controller began depositing various portions of these funds into Road Maintenance and Rehabilitation Account (RMRA); a percentage of these funds are to be apportioned by formula to eligible cities and counties pursuant to Streets and Highways Code (SHC) Section 2032(h) intended for basic road maintenance, rehabilitation, and critical safety projects on the local streets and roads system. For a detailed breakdown of RMRA funding sources and the disbursement of funding please see Sections 5 and 6 of these guidelines. SB 1 emphasizes the importance of accountability and transparency in the delivery of California’s transportation programs. Therefore, to be eligible for RMRA funding, statute requires cities and counties provide basic annual RMRA project reporting to the California Transportation Commission (Commission). These guidelines describe the general policies and procedures for carrying out the annual RMRA project reporting requirements for cities and counties and other statutory objectives as outlined in Section 2 below. The guidelines were developed in consultation with state, regional, and local government entities, and other transportation stakeholders. The Commission may amend these guidelines after first giving notice of the proposed amendments. To provide clear and timely guidance, it is the Commission’s policy that a reasonable effort be made to amend the guidelines prior to the due date for project lists. The Commission may extend the deadline for project list submission to facilitate compliance with the amended guidelines. 2. Funding Program Objectives and Statutory Requirements Streets and Highways Code (SHC) Section 2032.5(a) articulates the general intent of the legislation that recipients of RMRA funding be held accountable for the efficient investment of public funds to maintain local streets and roads and are accountable to the people through performance goals that are tracked and reported. Pursuant to SHC Section 2030(a), the objective of the Local Streets and Roads Funding Program is to address deferred maintenance on the local streets and roads system through the prioritization and delivery of basic road maintenance and rehabilitation projects as well as critical safety projects. 1 Cities and counties receiving RMRA funds must comply with all relevant federal and state laws, regulations, policies, and procedures. The main requirements for the funding program are codified in SHC Sections 2032.5, 2034, 2036, 2037, and 2038 and include the following: • It is the intent of the Legislature that the Department of Transportation and local governments are held accountable for the efficient investment of public funds to maintain the public highways, streets, and roads, and are accountable to the people through performance goals that are tracked and reported [SHC 2032.5(a)]. • Prior to receiving an apportionment of RMRA funds from the State Controller in a fiscal year, a city or county must submit to the Commission a list of projects proposed to be funded with these funds. All projects proposed to receive funding must be adopted by resolution by the applicable city council or county board of supervisors at a regular public meeting each fiscal year [SHC 2034(a)(1)]. • The list of projects must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement [SHC 2034(a)(1)]. Further guidance regarding the scope, content, and submittal process for project lists prepared by cities and counties is provided in Sections 9-10. • Failure to include the details required by SHC 2034(a)(1) in the project list adopted for eligibility could result in a jurisdiction’s submittal being deemed non-compliant, thereby jeopardizing the jurisdiction’s ability to receive the upcoming fiscal year apportionment. • The project list does not limit the flexibility of an eligible city or county to fund projects in accordance with local needs and priorities so long as the projects are consistent with RMRA priorities as outlined in SHC 2030(b) [SHC 2034(a)(1)]. • The Commission will submit an initial report to the State Controller that indicates the cities and counties that have submitted a list of projects as described in SHC 2034(a)(1) and that are therefore eligible to receive an apportionment of RMRA funds for the applicable fiscal year [SHC 2034(a)(2)]. • The State Controller, upon receipt of an initial report from the Commission, shall apportion RMRA funds to eligible cities and counties pursuant to SHC 2032(h) [SHC 2034(a)(3)]. • The State Controller will retain the monthly share of RMRA funds for cities and counties not included in the Commission’s initial report that would otherwise be apportioned and distributed to those cities and counties [SHC 2034(a)(4)(A)]. Pursuant to SHC 2034(a)(4)(B), the monthly share of RMRA funds for each of these cities and counties will be retained by the State Controller for 90 days. • Upon receipt of a list of projects from a city or county after the Commission has submitted its initial report to the State Controller, the Commission will submit a 2 subsequent report to the State Controller that specifies all newly eligible cities and counties [SHC 2034(a)(2)]. • After 90 days, the State Controller will apportion to all newly eligible cities and counties the RMRA funds that were retained but not previously apportioned and distributed pursuant to SHC 2304(a)(4)(B). • Any RMRA funds held by the State Controller for a city or county that still remains ineligible after 90 days will be reapportioned to all other eligible cities and counties [SHC 2034(a)(4)(C)]. • For each fiscal year in which RMRA funds are received and expended, cities and counties must submit documentation to the Commission that details the expenditure of all RMRA funds, including a description and location of each completed project, the amount of funds expended on the project, the completion date, and the estimated useful life of the improvement [SHC 2034(b)]. Further guidance regarding the scope, content, and submittal process for program expenditure reports is provided in Sections 12-13. • Prior to receiving an apportionment of funds under the program an eligible city or county may expend other funds on eligible projects and may reimburse the source of those other funds when it receives its apportionment from the State Controller over one or more years [SHC 2034(c)]. • A city or county receiving an apportionment of RMRA funds is required to sustain a maintenance of effort (MOE) by spending at least the annual average of its general fund expenditures during the 2009–10, 2010–11, and 2011–12 fiscal years for street, road, and highway purposes from the city’s or county’s general fund [SHC 2036]. Monitoring and enforcement of the maintenance of effort requirement for RMRA funds will be carried out by the State Controller and is addressed in more detail in Section 15. • A city or county may spend its apportionment of RMRA funds on transportation priorities other than priorities outlined in SHC 2030(b) if the city or county’s average Pavement Condition Index (PCI) meets or exceeds 80 [SHC 2037]. • By July 1, 2023, cities and counties receiving RMRA funds must follow guidelines developed by the California Workforce Development Board (Board) that address participation and investment in, or partnership with, new or existing pre-apprenticeship training programs [SHC 2038]. Further information regarding the forthcoming Board Guidelines and future Board-sponsored grant opportunities is available in Section 16. 3. Funding Program Roles and Responsibilities Below is a general outline of the roles and responsibilities of recipient cities/counties, the Commission, the State Controller, and the California Workforce Development Board, in carrying out the funding program’s statutory requirements, as well as activities the Commission will undertake to meet the legislative intent of SB 1: 3 Recipient Cities/Counties: • Develop and submit a list of projects to the Commission each fiscal year. • Develop and submit a project expenditure report to the Commission each fiscal year. • Comply with all requirements including reporting requirements for RMRA funding. Commission: • Provide technical assistance to cities and counties in the preparation of project lists and reports. • Receive and review project lists from cities and counties each fiscal year to ensure compliance with the statutorily required elements of a project list submittal is met. • Provide a comprehensive list to the State Controller each fiscal year of cities and counties eligible to receive RMRA apportionments. • Receive program expenditure reports from cities and counties each fiscal year and provide aggregated statewide information regarding use of RMRA funds to the Legislature and the public (e.g. the Commission’s Annual Report to the Legislature and the Rebuild California – SB 1 Website). State Controller: • Receive list of cities and counties eligible for RMRA apportionments each fiscal year from the Commission. • Apportion RMRA funds to cities and counties. • Oversee Maintenance of Effort and other requirements for RMRA funds including reporting required pursuant to SHC 2151. California Workforce Development Board: • Pursuant to SHC 2038, establish a pre-apprenticeship development and training grant program beginning January 1, 2019 that local public agencies receiving RMRA funds are eligible to apply for or partner with other entities to apply for. • Pursuant to SHC 2038, develop guidelines for public agencies receiving RMRA funds to participate, invest in, or partner with, new or existing pre-apprenticeship training programs. Local public agencies receiving RMRA funds must follow the guidelines by no later than July 1, 2023. 4. Funding Program Schedule The following schedule lists the major milestones for the Local Streets and Roads Funding Program Annual Reporting. 4 Project Lists due to Commission July 1st each year Commission Adopts Initial List of Eligible Cities and Counties August Commission Meeting each year Commission Submits Initial List to State Controller No later than August 31st each year Subsequent Eligibility Project Lists due to Commission September 30th each year (if needed) Commission Adopts Subsequent List of Eligible Cities and Counties October Commission Meeting each year (if needed) Commission Submits Subsequent List to State Controller No later than October 31st each year (if needed) Annual Reporting of Fiscal Year Expenditures due to Commission December 1st each year Informational Funding Program Update to Commission January Commission Meeting each year II. Funding 5. Source The State of California imposes per-gallon excise taxes on gasoline and diesel fuel, sales taxes on diesel fuel, and registration taxes on motor vehicles and dedicates these revenues to transportation purposes. Portions of these revenues flow to cities and counties through the Highway Users Tax Account (HUTA) and the newly established RMRA created by SB 1. The Local Streets and Roads Funding is supported by RMRA funding which includes portions of revenues pursuant to SHC 2031 from the following sources: • An additional 12 cent per gallon increase to the gasoline excise tax effective November 1, 2017. 5 • An additional 20 cent per gallon increase to the diesel fuel excise tax effective November 1, 2017. • An additional vehicle registration tax called the “Transportation Improvement Fee” with rates based on the value of the motor vehicle effective January 1, 2018. • An additional $100 vehicle registration tax on zero emissions (ZEV) vehicles of model year 2020 or later effective July 1, 2020. • Annual rate increases to these taxes beginning on July 1, 2020 (July 1, 2021 for the ZEV fee) and every July 1st thereafter equal to the change in the California Consumer Price Index (CPI). SHC 2032(h)(2) specifies that 50 percent of the balance of revenues deposited into the RMRA, after certain funding is set aside for various programs, will be continuously appropriated for apportionment to cities and counties by the State Controller pursuant to the formula in SHC Section 2103(a)(3)(C)(i) and (ii). 6. Estimation and Disbursement of Funds While neither, the Commission nor the State Controller’s Office prepare formal estimates of RMRA funds, the Department of Finance (DOF) estimates the total amount of funding that will be deposited into the RMRA annually. The California State Association of Counties and the League of California Cities use this information from DOF to develop city and county level estimates of RMRA funds which are available here: California State Association of Counties http://www.counties.org/sb-1-road-repair-and-accountability-act-2017 League of California Cities http://www.californiacityfinance.com/ Each fiscal year, upon receipt of a list of cities and counties that are eligible to receive an apportionment of RMRA funds pursuant to SHC 2032(h)(2) from the Commission, the State Controller is required to apportion RMRA funds to eligible cities and counties consistent with the formula outlined in SHC Section 2103(a)(3)(C)(i) and (ii). It is expected that the State Controller will continuously apportion RMRA funds on a monthly basis to eligible cities and counties using a process and system similar to that of HUTA apportionments. RMRA funding is continuously apportioned and is not provided on a reimbursement basis. The Commission does not approve the projects listed or provide authorization to proceed with RMRA funded projects. The Commission receives project lists, determines they are complete and meet basic statutory requirements outlined in SHC 2034 and then approves and submits a statewide list to the State Controller of cities and counties that are eligible to begin receiving monthly RMRA funding apportionments. 6 III. Eligibility and Funding Program Priorities 7. Eligible Recipients Eligible recipients of RMRA funding apportionments include cities and counties that have prepared and submitted a project list to the Commission each fiscal year pursuant to SHC Section 2034(a)(1) and that have been included in a list of eligible entities submitted by the Commission to the State Controller pursuant to SHC Section 2034(a)(2). Recipients of RMRA apportionments must comply with all relevant federal and state laws, regulations, policies, and procedures. 8. Funding Program Priorities and Example Projects Pursuant to SHC Section 2030(a), RMRA funds made available for the Local Streets and Roads Funding Program shall be prioritized for expenditure on basic road maintenance and rehabilitation projects, and on critical safety projects. SHC Section 2030(b)(1) and (2) provide a number of example projects and uses for RMRA funding that include, but are not limited to, the following: • Road maintenance and rehabilitation. • Safety projects. • Railroad grade separations. • Complete street components, including active transportation purposes, pedestrian and bicycle safety projects, transit facilities, and drainage and stormwater capture projects in conjunction with any other allowable project. • Traffic control devices. • Funds made available by the program may also be used to satisfy a match requirement in order to obtain state or federal funds for projects authorized by this subdivision. Pursuant to Article XIX Section 2(a) of the constitution, the funds shall be used for: “The research, planning, construction, improvement, maintenance, and operation of public streets and highways (and their related public facilities for nonmotorized traffic), including the mitigation of their environmental effects, the payment for property taken or damaged for such purposes, and the administrative costs necessarily incurred in the foregoing purposes.” SHC Section 2030(b)(2) states that funds made available by the program may also be used to satisfy a match requirement in order to obtain state or federal funds for projects authorized by this subdivision. 7 SHC Section 2030(c)-(f) specifies additional project elements that will be incorporated into RMRA-funded projects by cities and counties to the extent possible and cost effective, and where feasible (as deemed by cities and counties). These elements are: • Technologies and material recycling techniques that lower greenhouse gas emissions and reduce the cost of maintaining local streets and roads through material choice and construction method. • Systems and components in transportation infrastructure that recognize and accommodate technologies including but not limited to ZEV fueling or charging and infrastructure-vehicles communications for transitional or fully autonomous vehicles. • Project features to better adapt the transportation asset to withstand the negative effects of climate change and promote resiliency to impacts such as fires, floods, and sea level rise (where appropriate given a project’s scope and risk level for asset damage due to climate change). • Complete Streets Elements (such as project features that improve the quality of bicycle and pedestrian facilities and that improve safety for all users of transportation facilities) are expected to be incorporated into RMRA funded projects to the extent (as deemed by cities and counties) beneficial, cost- effective, and practicable in the context of facility type, right-of-way, project scope, and quality of nearby facilities. Pursuant to SHC Section 2037, a city or county may spend its apportionment of RMRA funds on transportation priorities other than those outlined in SHC Section 2030 if the city’s or county’s average Pavement Condition Index (PCI) meets or exceeds 80. IV. Project List Submittal 9. Content and Format of Project List Pursuant to SHC Section 2034(a)(1), prior to receiving an apportionment of RMRA funds from the State Controller in a fiscal year (funds collected from July 1 to June 30 and apportioned September 1 to August 31), a city or county must submit to the Commission a list of projects proposed to be funded with these funds pursuant to an adopted resolution by the city council or county board of supervisors at a regular public meeting. Each year, a city or county must adopt and submit to the Commission a project list resolution for the upcoming fiscal year’s funds to comply with the eligibility requirements for that fiscal year’s apportionment. Jurisdictions that submit a resolution adopted for a previous fiscal year or that is missing the project list details mandated by SHC Section 2034(a)(1), will not be considered deemed not compliant with statute. Project lists must, at a minimum, include any new projects proposed for the upcoming fiscal year and any projects proposed in a previous fiscal year that will utilize program funds apportioned in the upcoming fiscal year (i.e. multi-year funded projects). 8 In the event an agency chooses to reserve program funds across multiple fiscal years to fully fund a project, the agency must adopt and submit annually a list of proposed projects intended to utilize the program funds. The list must be adopted via resolution by the agency’s governing body (e.g. city council or county board of supervisors) annually. Each city and county is strongly encouraged to provide a copy of their Proposed Project List to their applicable Regional Transportation Planning Agencies and Metropolitan Planning Organizations, once reviewed and accepted by the Commission. Listed below are the specific statutory criteria for the content of the project list along with additional guidance provided to help ensure a consistent statewide format and to facilitate accountability and transparency within the Local Streets and Roads Funding Program. a.) Adopted Resolution All proposed projects must be adopted by resolution by the applicable city council or county board of supervisors at a regular public meeting. Documentation of Inclusion in an Adopted Resolution A city or county must provide a public record which illustrates that projects proposed for each fiscal year’s apportionment of RMRA funding through the Local Streets and Roads Funding Program have been included in a current fiscal year’s adopted resolution by the applicable city council or county board of supervisors at a regular public meeting. An acceptable public record shall include a signed, executed copy of the city or county’s adopted resolution or staff report, that includes the relevant list of projects and required project detail documenting its approval at a regular public meeting. The action taken on the project list resolution should be a standalone action that is specific to the program and must be for the fiscal year in which eligibility is being sought. Jurisdictions are strongly encouraged to adopt the project list resolution as standalone action and should not adopt it as a part of your jurisdiction’s Capital Improvement Plan or Annual Budget adoption. Submittal of an electronic copy of the relevant support documentation (i.e. project list resolution) is required. Support documentation requirements are further discussed in the Local Streets and Roads Funding Program, Annual Funding Eligibility Checklist. b.) List of Projects – Content Pursuant to SHC 2034(a)(1), the project list must include a description and the location of each proposed project, a proposed schedule for each project’s completion, and the estimated useful life of the improvement. The project list is intended to cover, at a minimum, the applicable fiscal year. Cities and counties may include project information for future fiscal years but are expected to update 9 the project list as needed every fiscal year prior to submittal to the Commission. Cities and counties must list projects that will be funded with the apportioned funds for that fiscal year, including those projects to be delivered in future fiscal years for which a city or county is reserving the upcoming fiscal year’s funds. Development and Content The Commission recognizes the inherent diversity of road maintenance and rehabilitation needs among the approximately 539 jurisdictions across the state that may utilize Local Streets and Roads Program funding. Given the emphasis SB 1 places on accountability and transparency in delivering California’s transportation programs, cities and counties are encouraged to clearly articulate how these funds are being utilized through the development of a project list. To promote statewide consistency in the content and format of project information submitted to the Commission, and to facilitate transparency within the Local Streets and Roads Funding Program, the following guidance is provided regarding the key components of the project list. Please note that project lists included in a city or county’s adopted project list resolution should, at a minimum, include the elements mandated by statute: description, location, schedule for completion and useful life. Cities and counties should include more detailed project information as described below in the project list. The project list is to be created and submitted to the Commission using the California Statewide Multi-Modal Application and Reporting Tool (CalSMART). The Local Streets and Roads Funding Program, Annual Eligibility Checklist outlines project list content and format. Project Description The list must include a project description for each proposed project. Each city and county are encouraged to provide a brief non-technical description written so that the main objectives of the project can be clearly and easily understood by the public. The description should clearly inform the public if the project listed is for construction, pre-construction (i.e. environmental, design, right of way, feasibility studies, needs assessments, etc.), or procurement/operational needs as consistent with Article XIX Section 2(a) of the constitution. The level of detail provided will vary depending upon the nature of the project; however, it is highly encouraged that the project description contain a minimum level of detail needed for the public to understand what is being done and why it is a critical or high- priority need. Project Location 10 The list must include a project location for each proposed project. Cities and counties are encouraged to provide project location information that, at a minimum, would allow the public to clearly understand where the project is being undertaken within the community. For example, identifying specific streets or neighborhoods where improvements are being undertaken would allow the public to clearly understand where the project is to take place within the community. If project- specific geolocation data is available, it is highly encouraged to be included in the project list submitted to the Commission. The following describes how location description may appear for each project component being proposed: • Construction and Pre-Construction: Cities and Counties should provide specific project location detail whenever possible. General neighborhoods or project boundaries may be identified when several street segments throughout the jurisdiction will receive the proposed improvements. If project locations are subject to change based on priority need or available funding throughout the year, cities and counties are encouraged to provide the following statement in addition to the location detail, “The following locations identified are subject to be changed”. • Procurement/Operational Needs: Cities and Counties may use city or county-wide for the location description, when the project proposed is not directly tied to a specific location or neighborhood. This could be public works related studies, plans, or the procurement of public works related material or equipment. Proposed Schedule for Completion The list must include a completion schedule for each proposed project. Cities and counties are encouraged to provide a general project timeline, e.g. month and year, to provide a clear picture to the public of when a project is reasonably expected to start and be completed. The proposed schedule for completion should clearly articulate if a project will take place over multiple years. If a project is for Procurement/Operational Needs, at a minimum, the Fiscal Year in which the items are procured, or services are acquired should be provided. Estimated Useful Life The list must include an estimated average useful life for each project proposed, regardless of the component being funded. Do not provide the estimated useful life for each segment or individual improvement to be performed as a part of the total project proposed. Cities and counties are encouraged to provide information regarding the estimated useful life of the project that is clear, understandable, and based on industry-standards for the project materials and design, where applicable. Technology, Climate Change, and Complete Streets Considerations 11 SHC Section 2030(c)-(f) specifies additional project elements that will be incorporated into RMRA-funded projects by cities and counties to the extent possible and cost effective, and where feasible. These elements are: • Technologies and material recycling techniques that lower greenhouse gas emissions and reduce the cost of maintaining local streets and roads through material choice and construction method. • Systems and components in transportation infrastructure that recognize and accommodate technologies including but not limited to ZEV fueling or charging and infrastructure-vehicles communications for transitional or fully autonomous vehicles. • Project features to better adapt the transportation asset to withstand the negative effects of climate change and promote resiliency to impacts such as fires, floods, and sea level rise (where appropriate given a project’s scope and risk level for asset damage due to climate change). • Complete Streets Elements (such as project features that improve the quality of bicycle and pedestrian facilities and that improve safety for all users of transportation facilities) are expected to be incorporated into RMRA funded projects to the extent (as deemed by cities and counties) beneficial, cost- effective, and practicable in the context of facility type, right-of-way, project scope, and quality of nearby facilities. Cities and counties are encouraged to consider all of the above for implementation, to the extent possible, cost-effective, and feasible, in the design and development of projects for RMRA funding. To meet the intent of SHC 2032.5(a) as outlined in Section 2 of these guidelines, in addition to the statutory requirements outlined in Section 10, the standard forms developed by the Commission will allow cities and counties to report on the inclusion of these elements. Other Statutory Considerations for Project Lists Pursuant to SHC Section 2034(a)(1), the project list shall not limit the flexibility of an eligible city or county to fund projects in accordance with local needs and priorities, so long as the projects are consistent with SHC Section 2030(b). After submittal of the project list to the Commission, in the event a city or county elects to make changes to the project list pursuant to the statutory provision noted above, formal notification of the Commission is not required. However, standard reporting forms will provide an opportunity for jurisdictions to annually communicate such changes to the Commission as part of the Annual Expenditure Reporting process. Pursuant to SHC Section 2037, a city or county may spend its apportionment of RMRA funds on transportation priorities other than those outlined in SHC 2030(b) if the city or county’s average Pavement Condition Index (PCI) meets or exceeds 12 80. This provision, however, does not eliminate the requirement for cities and counties to prepare and submit a list of projects or the requirement to consider technology, climate change, and complete streets elements to the extent possible, cost-effective and feasible, in the design and development of projects for RMRA funding. In the event a city or county will spend its apportionment of RMRA funds on transportation priorities other than those outlined in Section 8 of these guidelines and pursuant to SHC 2037, cities and counties are encouraged to work with its respective Regional Transportation Planning Agency or Metropolitan Planning Organization to ensure that projects are included in the applicable Regional Transportation Plan. Should a city or county choose to seek eligibility with the intent of reserving their fiscal year apportionment of RMRA funds for a project to take place in a future fiscal year, an adopted resolution and proposed project list submittal is still required. c.) List of Projects – Standard Format and CalSMART Please note that project lists included in a city or county’s adopted project list resolution should, at a minimum, include the elements mandated by statute: description, location, schedule for completion and useful life elements. Cities and counties should include more detailed project information in the project list submitted to the Commission. To promote statewide consistency of project information submitted to the Commission, a standard project list format and online submittal tool were developed and are further explained in the Local Streets and Roads Funding Program, Annual Eligibility Checklist. CalSMART can be accessed at https://catc.ca.gov/programs/sb1/local-streets-roads-program under the City or County CalSMART Resources tab. 10. Process and Schedule for Project List Submittal A city or county must submit a project list adopted by resolution with supporting documentation to the Commission by July 1st each year. All materials must be provided electronically using CalSMART as outlined in the Local Streets and Roads Funding Program, Annual Eligibility Checklist. 11. Commission Submittal of Eligible Entities to the State Controller’s Office Pursuant to SHC Section 2034(a), a city or county must submit a project list to the Commission to be eligible for the receipt of RMRA funds, and the Commission must report to the State Controller the jurisdictions that are eligible to receive funding. Upon receipt of project lists and support documentation, Commission staff will review submittals to ensure they are complete. Once a project list submittal has been received and deemed 13 complete by staff, the city or county will be added to a list of jurisdictions eligible to receive RMRA funding for that fiscal year as required by SHC Section 2034(a)(2). All proposed project lists submitted by those cities and counties deemed eligible will be posted to the Commission’s website. The list of eligible cities and counties will be brought forward for Commission consideration at a regularly scheduled meeting where staff will request Commission direction to transmit the list to the State Controller. Upon direction of the Commission, staff will transmit the list to the State Controller pursuant to SHC Sections 2034(a)(2) and 2034(a)(4)(B) and the cities and counties included on the list will be deemed eligible to receive RMRA apportionments for that fiscal year pursuant to SHC Section 2034 (a)(1). Upon receipt of the list from the Commission, the State Controller is expected to apportion funds to the cities and counties included on the list pursuant to SHC Sections 2034(a)(3) and 2032(h). In the event a city or county does not provide a complete project list with the required support documentation for Commission consideration and eligibility designation pursuant to the deadline established by these guidelines, cities and counties are expected to work cooperatively with Commission staff to provide any missing information as soon as possible, prior to the established subsequent submittal deadline. Once the completed information is provided in accordance with the subsequent submittal deadline Commission action to establish eligibility will be taken at the next earliest opportunity. V. Annual Project Expenditure Reporting and Auditing 12. Scope of the Annual Project Expenditure Report Pursuant to SHC Section 2034(b), for each fiscal year in which an apportionment of RMRA funds is received and upon expenditure of funds, cities and counties must submit documentation to the Commission detailing the expenditure of those funds on completed and in-progress projects. Information is to include: a description and location of each project, the amount of funds expended on the project, the completion date or anticipated date of completion, and the estimated useful life of the overall improvement performed. The project expenditure reporting process allows for cities and counties to capture actual project outcomes for completed projects that are aggregated statewide. This is the opportunity for cities and counties to report project updates associated with that reporting year’s proposed projects including a project status, project component, and any changes made throughout the year to those listed projects. Listed below are the specific statutory criteria for the content of the annual project expenditure report along with additional guidance provided to help ensure a consistent statewide format to facilitate accountability and transparency within the Local Streets and Roads Funding Program. a.) Annual Project Expenditure Report – Content 14 Development and Content Given the emphasis SB 1 places on accountability and transparency in delivering California’s transportation programs, it is vitally important that cities and counties clearly articulate the public benefit of these funds through the development of a project expenditure report submitted annually. To promote statewide consistency in the content and format of the annual project expenditure information submitted and to facilitate transparency and reporting within the Local Streets and Roads Funding Program, the following guidance is provided regarding the key components of the project expenditure report. The Local Streets and Roads Funding Program, Expenditure Reporting Quick Guide provides examples of project expenditure report content and format. The project expenditure report must cover the full fiscal year and must include updates for all projects that were proposed in the reporting year or in previous years that have yet to be completed. Expenditure information regarding the program funding is to be provided on all projects that have been deemed complete and in-progress at the end of the fiscal year. Completed construction projects are considered complete once they are fully operational with no remaining construction to be performed. The standard form will also request cities and counties to report updates on any project that was neither completed nor in-progress by the end of the reporting period (July 1 to June 30). Updates to projects must include: a status, component identification, project specific details previously reported on (schedule, useful life, etc), and identify the removal from or addition of projects to the list. Apportioned Funds and Fund Balances Cities and Counties are expected to report to the Commission the amount of program funds apportioned to them in the reporting fiscal year. The State Controller’s Office begins disbursing monthly apportionments to eligible cities and counties each September, the final apportionment for the fiscal year is disbursed in August. Any unspent program funds from a prior year will be carried over for reporting purposes and cities and counties are asked to include any interest accrued from the funds apportioned and report on the expenditure of those funds. Funds Expended For the purposes of the Annual Expenditure Report, the report must include the amount of RMRA funds expended. This is defined as the costs incurred as a result of activities performed on each completed and in-progress project during the State Fiscal Year (July 1 – June 30). The RMRA expenditures reported shall be based on services obtained and invoiced, work performed, or goods received within the reporting period. 15 Commission staff consulted with the State Controller’s Office to ensure the reporting period and accounting basis for the Local Streets and Roads Annual Expenditure Report aligns with the Annual Streets and Roads report collected by the State Controller each year. The State Controller identifies the reporting accounting basis as: "Street-related activities recorded in a governmental fund type should be reported on the modified accrual basis of accounting. Street-related activities recorded in a proprietary fund type should be reported on the accrual basis of accounting. Whenever reference is made to the accrual basis in these instructions, it is intended to include both full accrual and modified accrual bases of accounting.” Project Description The report must include a project description for each reported project. Cities and counties are encouraged to provide a brief non-technical description (up to 5 sentences) written so that the main objectives of the project can be clearly and easily understood by the public. The level of detail provided will vary depending upon the nature of the project; however, it is highly encouraged that the project description contains a minimum level of detail needed for the public to understand what work was completed or will be completed in the future. Completed projects will report project deliverables based on a selection of applicable general outcomes with quantifiable metrics that will be aggregated statewide. This method of outcome related data collection should minimize the level of detail needed in the description field streamlining the overall reporting process. The Commission will aggregate all quantifiable data collected in the Annual Project Expenditure Reports for inclusion in the Annual Report to the California Legislature. Project Location The report must include a project location for each completed and in-progress project. Cities and counties are required to provide project location information that, at a minimum, would allow the public to clearly understand where within the community the project was or will be constructed. For example, specific street names where improvements were undertaken, and project termini should be specified. If project-specific geolocation data is available, it is highly encouraged to be included. For completed pre-construction components (i.e. feasibility studies, maintenance program plan and asset management plan development, etc.), or completed procurement/operational needs that would not have the ability to provide specific location detail, “city/county-wide” is acceptable. Actual and Estimated Project Completion Date 16 The report must include the date of completion or expected date of completion for those projects utilizing RMRA funds. For the purposes of the project expenditure report, a construction project is considered complete when it is operational/open to traffic by June 30. Construction contract close-out is not required for the project to be reported as complete. Estimated Useful Life The report must include an estimated useful life for each proposed project in its entirety. Cities and counties are encouraged to provide information regarding the estimated useful life of the project that is clear, understandable, and based on industry-standards for the project materials and design, where applicable. Technology, Climate Change, and Complete Streets Considerations SHC Section 2030(c)-(f) specifies additional project elements that will be incorporated into RMRA-funded projects by cities and counties to the extent possible and cost effective, and where feasible. These elements are: • Technologies and material recycling techniques that lower greenhouse gas emissions and reduce the cost of maintaining local streets and roads through material choice and construction method. • Systems and components in transportation infrastructure that recognize and accommodate technologies including but not limited to ZEV fueling or charging and infrastructure-vehicles communications for transitional or fully autonomous vehicles. • Project features to better adapt the transportation asset to withstand the negative effects of climate change and promote resiliency to impacts such as fires, floods, and sea level rise (where appropriate given a project’s scope and risk level for asset damage due to climate change). • Complete Streets Elements (such as project features that improve the quality of bicycle and pedestrian facilities and that improve safety for all users of transportation facilities) are expected to be incorporated into RMRA funded projects to the extent (as deemed by cities and counties) beneficial, cost- effective, and practicable in the context of facility type, right-of-way, project scope, and quality of nearby facilities. Cities and counties are encouraged to consider all of the above for implementation, to the extent possible, cost-effective and feasible, in the design and development of projects for RMRA funding. In the event that completed projects contain technology, climate change, and complete streets considerations pursuant to SHC 2030(c)-(f). Standard reporting forms developed by the Commission will request cities and counties to report on the inclusion of these elements in RMRA-funded projects. Other Statutory Considerations for Project Expenditure Reports 17 Pursuant to SHC Section 2037, a city or county may spend its apportionment of RMRA funds on transportation priorities other than those outlined in SHC Section 2030(b) if the city’s or county’s average Pavement Condition Index (PCI) meets or exceeds 80. This provision, however, does not eliminate the requirement for cities and counties to prepare and submit a completed project expenditure report or the requirement to consider technology, climate change, and complete streets elements to the extent possible, cost-effective and feasible, in the design and development of projects for RMRA funding. To clearly communicate how RMRA funding is effectively used, the project expenditure report format will provide space for supplementary information to be provided regarding the benefits of RMRA funded projects in addition to the project deliverables and outcomes featured. Cities and counties should report any changes to proposed projects within the reporting period (July 1 to June 30), including why a project(s) was not ultimately funded or was replaced with another project(s). b.) Project Expenditure Report – Standard Format To promote statewide consistency of project information submitted to the Commission, a standardized annual project expenditure reporting format was developed in CalSMART which is further explained in the Local Streets and Roads Funding Program, Expenditure Reporting Quick Guide. Cities and counties are required to use the standard online format created in CalSMART for their annual project expenditure reporting. 13. Process and Schedule for Project Expenditure Report Submittal Completed Project Reports must be developed and submitted to the Commission according to the statutory requirements of SHC Section 2034(b) as outlined above in Section 12. Cities and counties receiving program apportionments must submit an Annual Project Expenditure Report to the Commission by December 1st of each year. The report must be provided electronically using the standard online format provided through CalSMART. 14. Commission Reporting of Project Information Received In order to meet the requirements of SB 1 which include accountability and transparency in the delivery of California’s transportation programs, it is vitally important that the Commission clearly communicate the public benefits achieved by RMRA funds. The Commission intends to articulate these benefits by posting reported project information on the Commission’s website (www.catc.ca.gov), providing project information to the California State Transportation Agency for posting on the Rebuilding California – SB 1 website (www.rebuildingca.ca.gov), and through other reporting mechanisms such as the Commission’s Annual Report to the Legislature. 18 Upon receipt of project expenditure reports, Commission staff will review submittals to ensure they are complete. If any critical project information is missing (i.e. SHC 2034(b) requirements such as project description, location, date of completion, expenditures, and useful life of improvement) Commission staff will notify city/county staff to resubmit the complete report within a specified timeframe. Project detail and related expenditure information reported to the Commission by the cities and counties will be uploaded to the Commission’s website as well as the Rebuilding California – SB 1 website within a month of the program update delivered at the January Commission meeting each year. The Commission will also post a statewide summary of the analyzed and aggregated project expenditure report data collected, which will include the number of projects reported, type of projects reported on, completed project outcomes, and the amount of RMRA funds spent. The statewide summary data will be included in the Commission’s Annual Report to the California State Legislature. In the event a city or county does not provide a project expenditure report by the deadline requested (December 1st each year), absence of the report will be noted on the Commission’s website, in the Annual Report to the Legislature, and will be reported to the State Controller. 15. State Controller Expenditure Reporting and Maintenance of Effort Monitoring This section provides general information regarding the detailed expenditure reporting and maintenance of effort requirements that cities and counties are responsible for demonstrating to the State Controller’s Office. It is important to note that the Commission has no oversight or authority regarding these provisions. Specific guidance should be sought from the State Controller’s Office in these areas. In addition to the RMRA project expenditure reporting requirements outlined in SHC Section 2034(b), SHC Section 2151 requires each city and county to file an annual report of expenditures for street or road purposes with the State Controller’s Office. SHC Section 2153 imposes a mandatory duty on the State Controller’s Office to ensure that the annual streets and roads expenditure reports are adequate and accurate. Additional information regarding the preparation of the annual streets and roads expenditure report is available online in the Guidelines Relating to Gas Tax Expenditures for Cities and Counties issued in March 2019 and maintained by the State Controller’s Office. Expenditure authority for RMRA funding is governed by Article XIX of the California Constitution as well as Chapter 2 (commencing with Section 2030) of Division 3 of the SHC. RMRA funds received should be deposited as follows in order to avoid the commingling of those funds with other local funds: a.) In the case of a city, into the city account that is designated for the receipt of state funds allocated for local streets and roads. 19 b.) In the case of a county, into the county road fund. c.) In the case of a city and county, into a local account that is designated for the receipt of state funds allocated for local streets and roads. RMRA funds are subject to audit by the State Controller pursuant to Government Code Section 12410 and SHC Section 2153. Pursuant to SHC 2036, a city or county receiving an apportionment of RMRA funds is required to sustain a maintenance of effort (MOE) by spending at least the annual average of its general fund expenditures during the 2009– 10, 2010–11, and 2011–12 fiscal years for street, road, and highway purposes from the city’s or county’s general fund, Monitoring and enforcement of the MOE requirement for RMRA funds will be carried out by the State Controller. MOE requirements are fully articulated in statute as follows: Streets and Highways Code Section 2036 (a)Cities and counties shall maintain their existing commitment of local funds for street, road, and highway purposes in order to remain eligible for an allocation or apportionment of funds pursuant to Section 2032. (b)In order to receive an allocation or apportionment pursuant to Section 2032, the city or county shall annually expend from its general fund for street, road, and highway purposes an amount not less than the annual average of its expenditures from its general fund during the 2009–10, 2010–11, and 2011–12 fiscal years, as reported to the Controller pursuant to Section 2151. For purposes of this subdivision, in calculating a city’s or county’s annual general fund expenditures and its average general fund expenditures for the 2009–10, 2010–11, and 2011–12 fiscal years, any unrestricted funds that the city or county may expend at its discretion, including vehicle in-lieu tax revenues and revenues from fines and forfeitures, expended for street, road, and highway purposes shall be considered expenditures from the general fund. One-time allocations that have been expended for street and highway purposes, but which may not be available on an ongoing basis, including revenue provided under the Teeter Plan Bond Law of 1994 (Chapter 6.6 (commencing with Section 54773) of Part 1 of Division 2 of Title 5 of the Government Code), may not be considered when calculating a city’s or county’s annual general fund expenditures. (c)For any city incorporated after July 1, 2009, the Controller shall calculate an annual average expenditure for the period between July 1, 2009, and December 31, 2015, inclusive, that the city was incorporated. (d)For purposes of subdivision (b), the Controller may request fiscal data from cities and counties in addition to data provided pursuant to Section 2151, for the 2009–10, 2010–11, and 2011–12 fiscal years. Each city and county shall furnish the data to the Controller not later than 120 days after receiving the request. The Controller may withhold payment to cities and counties that do not comply with the request for information or that provide incomplete data. (e)The Controller may perform audits to ensure compliance with subdivision (b) when deemed necessary. 20 (1)For any city or county that has not complied with subdivision (b), the Controller shall withhold from its apportionment pursuant to Section 2032 for a fiscal year following an audit an amount up to the amount of funds that the city or county received during the fiscal year that was audited. The amount withheld shall be reapportioned in one annual payment pursuant to paragraph (3). (2)If the amount to be apportioned pursuant to Section 2032 is less than the amount to be withheld pursuant to paragraph (1), the city or county shall reimburse the state for the difference between the amount withheld and the apportionment that was received during the fiscal year that was audited. If the city or county is ineligible for an apportionment pursuant to Section 2032, the city or county shall reimburse the state in an amount equal to the allocation or apportionment it received in the fiscal year that was audited. (3)Any funds withheld or returned as a result of a failure to comply with subdivision (b) shall be reallocated or reapportioned to the other counties or cities whose expenditures are in compliance during the fiscal year that the funds are withheld or returned. The reallocation or reapportionment shall be pursuant to the formula in clauses (i) and (ii) of subparagraph (C) of paragraph (3) of subdivision (a) of Section 2103. (4)The Controller may adopt any rules, regulations, and procedures necessary to carry out the purposes of this section. (f)If a city or county fails to comply with the requirements of subdivision (b) in a particular fiscal year, the city or county may expend during that fiscal year and the following fiscal year a total amount that is not less than the total amount required to be expended for those fiscal years for purposes of complying with subdivision (b). (Amended by Stats. 2019, Ch. 643, Sec. 2. (SB 358) Effective January 1, 2020.) 16. Workforce Development Requirements and Project Signage Pursuant to SHC Section 2038, by July 1, 2023, cities and counties receiving RMRA funds must follow guidelines developed by the California Workforce Development Board that address participation & investment in, or partnership with, new or existing pre- apprenticeship training programs. Cities and Counties receiving RMRA funds will also be eligible to compete for funding from the Board’s pre-apprenticeship development and training grant program that includes a focus on outreach to women, minority participants, underrepresented subgroups, formerly incarcerated individuals, and local residents to access training and employment opportunities. Upon California Workforce Development Board adoption of guidelines and grant funding opportunities in this area, the Commission will update the Local Streets and Roads Funding Program Reporting Guidelines to incorporate this information by reference. To demonstrate to the public that RMRA funds are being put to work, cities and counties should consider including project funding information signage, where feasible and cost- effective, stating that the project was made possible by SB 1 – The Road Repair and Accountability Act of 2017. Project funding information signage specifications are available online at: http://www.dot.ca.gov/trafficops/tcd/pfi.html. 21 RLS: A21-0664 FILE ID: 21-22698 REPORT TO THE CITY COUNCIL DATE: June 17, 2021 FROM:SCOTT L. MOZIER, PE, Director Public Works Department BY: ANDREW J. BENELLI, PE, City Engineer / Assistant Director Traffic Operations and Planning Division, Public Works Department SUBJECT: Actions pertaining to Final Map of Tract No. 6241 RESOLUTION - Approving the Final Map of Tract No. 6241, Phase 1 of Vesting Tentative Tract Map No. 6241, and accepting dedicated public uses offered therein except for dedications offered subject to City acceptance of developer installed required improvements – located on the West side of North Armstrong Avenue, South of East Clinton Avenue (Council District 4) RECOMMENDATION: Staff recommends the City Council adopt a resolution approving the Final Map of Tract No. 6241 and accepting the dedicated public uses offered therein, to authorize the Public Works Director or his designee to execute the subdivision agreement on behalf of the City. EXECUTIVE SUMMARY: The Subdivider, Wilson Premier Homes, (Leo Wilson, Manager), has filed for approval, the Final Map of Tract No. 6241, for a 113 lot single-family residential subdivision on the south side of East Clinton Avenue and the West side of North Armstrong Avenue on 10.98 acres. The Final Map is technically correct and conforms to the approved Tentative Map, the Subdivision Map Act and the Fresno Municipal Code. The provisions of Section 66474.1 of the Subdivision Map Act require a final map that is in substantial compliance with the approved tentative map to be approved by the City Council. Approval of the final map allows the final map to be recorded and individual lots to be sold. BACKGROUND: The Fresno City Planning Commission on May 20, 2020, approved Vesting Tentative Map No. 6241 (Tentative Map) for a 225-lot single-family residential subdivision on 19.83 acres (See attached map). The Tentative Map was approved consistent with the Fresno General Plan and the McLane 5 7 3 Community Plan to comply with the provisions of the Subdivision Map Act. Tract No. 6241 is being developed in multiple phases. The Final Map is technically correct and conforms to the approved Tentative Map, the Subdivision Map Act and the Fresno Municipal Code. The provisions of Section 66474.1 of the Subdivision Map Act require a final map that is in substantial compliance with the approved tentative map to be approved by the City Council. The Subdivider has satisfied all other conditions of approval by executing the Subdivision Agreement for Tract No. 6241, submitted securities in the total amount of $1,321,000 to guarantee the completion and acceptance of the public improvements and $600,500 for a payment security, and has paid the miscellaneous and development impact fees due as a condition of approval for the Final Map in the amount of $489,346. Covenants have been executed to defer eligible development impact fees totaling $625,116 to the time of issuance of building permit and final occupancy of each unit for annual CFD- 11 assessment notification, for deferring payment of the Fowler interim fee surety to the time of occupancy, 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 and the Risk Management Division has approved all security bonds and insurance certificates. MAINTENANCE DISTRICT: A condition of approval of the Tentative Map is to maintain the concrete curbs and gutters, valley gutters, sidewalks and curb ramps, and street lighting associated with the Final Map in accordance with the adopted standards of the City. The Subdivider has satisfied the maintenance requirement by annexing the subdivision into the City’s CFD-11 on April 22, 2021. The Subdivider has executed the covenant for Maintenance of Certain Improvements and as a condition of the Subdivision Agreement, is required to provide every prospective purchaser of each lot of the subdivision the “Notice of Special Tax,” in accordance with the provision of Section 53341.5 of the California Government Code. The maximum annual assessment is $132.61 per lot with an annual 2% adjustment or by the rise of the Construction Cost Index (CCI), if it exceeds 2% for the San Francisco Region. ENVIRONMENTAL FINDINGS: Pursuant to CEQA Guidelines Section 15268(b)(3), approval of final subdivision maps is a ministerial action and is exempt from the requirements of CEQA. LOCAL PREFERENCE: Local preference was not considered because this resolution does not include a bid or award of a construction or services contract. FISCAL IMPACT: The Final Map is located in Council District 4. 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 5 7 3 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. 6241 Harbour & AssociatesCivil Engineers389 CLOVIS AVENUE # 300 Clovis, California 93612(559) 325 - 7676 Fax (559) 325 - 7699 e - mail ha_ce@msn.comTRACT NO. 6241 Harbour & AssociatesCivil Engineers389 CLOVIS AVENUE # 300 Clovis, California 93612(559) 325 - 7676 Fax (559) 325 - 7699 e - mail ha_ce@msn.comTRACT NO. 6241 RLS: A20-0720 FILE ID: 21-22700 REPORT TO THE CITY COUNCIL DATE: June 17, 2021 FROM:SCOTT L. MOZIER, PE, Director Public Works Department BY: ANDREW J. BENELLI, PE, City Engineer / Assistant Director Traffic Operations and Planning Division, Public Works Department SUBJECT: RESOLUTION - Of Intention to Annex Final Tract Map No. 6281 as Annexation No. 96 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, July 15, 2021, at 10:00 am (area northwest of the intersection, fronting the north side of East Clinton & the west side of North Temperance Avenues) (Council District 4) RECOMMENDATION: Adopt Resolution of Intention to Annex Final Tract Map No. 6281 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. 6281 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 $544.54 per lot annually for Fiscal Year 2020-2021. Final Tract Map No. 6281 is located entirely within City limits. The Resolution of Intention begins the process, sets the required public hearing for Thursday, July 15, 2021, at 10:00 am, and defines the steps required to complete the annexation. (See attached Location and Feature Maps.) BACKGROUND: 5 7 5 Subdivision Developer Number of Lots Maximum Special Tax Per Lot 6281 Century Communities of California, LLC 132 $544.54 Features: Certain required above ground public improvements; including Landscaping and irrigation systems; concrete and hardscape improvements, paving, street lights, park hardscaping and amenities. On November 15, 2005, the Council of the City of Fresno adopted Council Resolution No. 2005-490 forming CFD No. 11 to fund public maintenance of landscaping, open spaces, local streets, local street lights and street furniture, curbs, gutters, sidewalks, street trees and other public facilities and services as defined by the City of Fresno Special Tax Financing Law, Chapter 8, Division 1, Article 3 of the Fresno Municipal Code (City Law). The landowner has made a request to the City of Fresno to have Final Tract Map No. 6281 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 street rights-of-way, landscape easements and dedicated Outlots; including concrete curbs, gutters, major street median island capping and maintenance band, entrance median curbs and maintenance band, valley gutters, traffic calming circles, curb ramps, sidewalks and park pathways, park amenities, street name signage, street lighting, and local street paving associated with this subdivision. (See attached Location and Feature Maps.) Final Tract Map No. 6281 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, July 15, 2021, at 10:00 am, sets the Maximum Special Tax at $544.54 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: 5 7 5 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 2 of 6 WHEREAS, the landowner of Final Tract Map No. 6281 has formally petitioned the City to annex Final Tract Map No. 6281 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. 96 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. 96, Final Tract Map No. 6281 is located entirely within the limits of the City of Fresno; and WHEREAS, CFD No. 11 and Annexation No. 96 will share costs proportionately for Services provided by the City. 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. 96 Boundaries. The proposed boundaries of Annexation No. 96 are as shown on the map (copy attached as Exhibit B) on file with the City Clerk. The boundaries, shown in Annexation Map No. 96, for the territory proposed to be annexed, are preliminarily approved. The City Clerk is directed to record Annexation Map No. 96, 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. 96 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. 96, 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. 96 will be levied annually within Annexation No. 96, 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. 96 are described in sufficient detail for each landowner within Annexation No. 96 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. 96 (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. 96. 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. 96 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, July 15, 2021, at 10:00 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. 6281 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. 96 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 APPROVED AS TO FORM: DOUGLAS T. SLOAN City Attorney BY: Taylor Rhoan 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. 96 Description of Services to be Financed by Community Facilities District No. 11 for Annexation No. 96 (Final Tract Map No. 6281) 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. 6281, Annexation No. 96 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, gutters, major street median island capping and maintenance band, entrance median curbs and maintenance band, valley gutters, traffic calming circles, curb ramps, sidewalks and park pathways, park amenities, street name signage, street lighting, 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. 96 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. 6281 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. 6281. ITEM DESCRIPTION ESTIMATED COST 1 Landscape Operational Costs $27,591.00 2 Other Operational Costs $1,067.00 3 Reserve for Replacement $41,241.00 4 Incidental Expenses $1,980.00 Total $71,879.00 Subdivision Appropriation Limit FINAL TRACT MAP NO. MAX. SPECIAL TAX PER RESIDENTIAL UNIT TOTAL TAXABLE UNITS APPROPRIATION LIMIT SUBDIVIDER 6281 $544.54 132 $500,000.00 Century Communities of California, LLC EXHIBIT D D-2 City of Fresno Community Facilities District No. 11 Annexation No. 96 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. 6281 is identified in Table 1 below: Table 1 Maximum Special Tax (Fiscal Year 2020-2021)* Final Tract Map Number** Maximum Special Tax 6281 $544.54 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. 96 Excluded Parcels THERE ARE NO EXCLUDED PARCELS IN FINAL TRACT MAP NO. 6281 RLS: A21-0593 FILE ID: 21-22606-01 REPORT TO THE CITY COUNCIL DATE: June 17, 2021 FROM:SCOTT L. MOZIER, PE, Director Public Works Department BY: RANDALL W. MORRISON, PE, Assistant Director Public Works Department SUBJECT: Actions pertaining to the Central Avenue Improvements Project – Bid File 3796 (Council District 3) 1. Adopt a finding of Categorical Exemption per staff determination pursuant to Sections 15301, 15302, and 15304 of the California Environmental Quality Act (CEQA) Guidelines 2. Approve an Inter-fund Loan Agreement between the Developer Cash-in-Lieu Improvements Funds and the Cash-in-Lieu Loan Fund, pursuant to Article VI of the City of Fresno Reserve Management Act and Article IV of the Taxpayer Protection Act, providing a $1,880,097 loan 3. Award a construction contract in the amount of $1,383,097 to Emmett’s Excavation, Inc., of Clovis, CA RECOMMENDATION: Staff recommends the City Council adopt a finding of Categorical Exemption pursuant to Section 15301 (Existing Facilities), Section 15302 (Replacement or Reconstruction), and 15304 (Minor Alterations to Land) of the CEQA guidelines, and award a construction contract with Emmett’s Excavation, Inc., of Clovis, California in the amount of $1,880,097 as the lowest responsive and responsible bidder and authorize the Public Works Director or designee to sign the construction contract on behalf of the City of Fresno. Staff also recommends the Council approve an Inter-fund Loan Agreement pursuant to Article VI of the City of Fresno Reserve Management Act and Article IV of the Taxpayer Protection Act, to provide a loan in the amount of $1,383,097 from the Developer Cash-in-Lieu Improvements Fund to the Cash-in-Lieu Loan Fund. EXECUTIVE SUMMARY: The proposed Central Avenue Improvements project will widen and improve Central Avenue, from East Avenue for approximately 2000 feet to the east, reconstructing the road to its ultimate width and lane configuration which includes two travel lanes and a two-way left-turn lane, as well as Class II bicycle facilities. Other work includes drainage improvements, sidewalk, street lighting and signage. In addition, the east half of approximately 400 feet of East Avenue, north of Central, will be improved 6 1 5 to include a parking lane, sidewalk, and street lighting. Associated utility work within Central Avenue will construct nearly 2,000 feet of master planned 16” water main, and storm drainage facilities. The adopted FY 2021 budget included the appropriations and funding transfers in order to construct the project but a Loan Agreement is required in order to approve the inter-fund loan transfer; this project is included in the proposed Inter-fund Loan Agreement from the Developer Cash-in-Lieu Improvements Fund. Because this capital improvement project is part of the master capital improvement program as contained in the City’s development impact fee program, the inter-fund loan would allow the City to use the available funds to deliver this infrastructure to one of our rapidly growing areas, then stand in line for development impact fee reimbursement which will restore the amount borrowed $1,383,097 to the Developer Cash-in-Lieu fund. The project is fully funded with the local Developer Cash-in-Lieu loan funds, and contributing funds from the Water Enterprise Fund and Fresno Metropolitan Flood Control District for their deferred offsite improvements. BACKGROUND: The Central Avenue Improvements Project was initiated in FY19 when the project was budgeted using local funds from Cash-in-Lieu loan funds, Department of Public Utilities local funds, and Fresno Metropolitan Flood Control District. The preliminary engineering design, project management, utility coordination and right-of-way acquisition took approximately three years. The scope of the project includes demolition and reconstruction of approximately 2,000 feet of Central Avenue to build-out the roadway to its ultimate width, increasing vehicular capacity and providing amenities for pedestrians and cyclists throughout the limits of the project. Additional roadway improvements include 400 feet of East Avenue where the eastern half of the street will be widened to ultimate and provide a parking lane, bike lane, sidewalk and related improvements. Sidewalk and street lighting improvements fronting the developed FMFCD basin are included in the project scope and they have contributed to the budget for their share of these improvements. Upon completion, the roadways affected by this project will no longer require frontage improvements from the adjacent parcels, simplifying and expediting future development in the area. The scope of project also includes construction of approximately 1,950 feet of master planned water main and fire hydrants to ensure the local community and adjacent users continue to receive adequate service pressures for domestic use and fire suppression. All right-of-way needed for construction was secured previously by Public Works staff. All construction documents were prepared by Public Works staff and coordinated with, and approved by, the affected agencies. The Developer Cash-in-Lieu Fund holds cash payments collected pursuant to the Fresno Municipal Code (FMC) provisions which authorize the Public Works Director to receive cash payments in lieu of performing required improvements in situations where it is not feasible to perform the construction as stipulated in the Conditions of Approval at the present time. Cash-in-lieu funds are a common practice in California and the City of Fresno’s account is included in the Annual Impact Fee Report, as required under AB1600. Most developers construct their improvements with their subdivision or prior to occupancy of commercial and industrial developments, however, certain improvements may be dependent upon other adjacent developments or capital projects and are therefore not feasible to construct independently. When the anticipated time for deferral is only a few years these improvements are typically secured by a bond but when the anticipated duration is several years or longer, the FMC provides the ability for the City to accept a cash payment for the estimated value of 6 1 5 those improvements and takes on the responsibility to construct those specific improvements at such a time as the improvements make sense or are otherwise feasible. The actual cash-in-lieu funds can only be utilized for the specific projects for which the dollars were collected, however, as with Urban Growth Management (UGM) or impact funds, an inter-fund loan is possible to allow the dollars to be used for other vital capital improvements, such as this project. Staff does not anticipate the Developer Cash-in-Lieu Fund needing the $1,383,097 being requested within the next five years and recommends it be loaned for the construction of the Central Avenue Improvements Project. A Notice Inviting Bids was published in the Fresno Business Journal on March 12, 2021, posted on the City’s website, and distributed to Thirteen (13) building exchanges. The specifications were distributed to Thirty-Three (33) prospective bidders. Seven (7) sealed bid proposals were received and opened in a public bid opening on April 13, 2021, with bids ranging from $1,383,097 to $1,693,675. Emmett’s Excavation, Inc., submitted the apparent low bid in the amount $1,383,097 and was determined to be the lowest responsive and responsible bidder for the project. The bids will expire on June 16, 2021. If the bids are rejected or expire, the project must be rebid, which will result in a delay of approximately 90 days. The City Attorney’s Office has reviewed and approved as to form. Staff recommends Council award a construction contract with Emmett’s Excavation, Inc., in the amount of $1,383,097 for the Central Avenue Improvements Project as the lowest responsive and responsible bidder and authorize the Public Works Director or designee to sign and execute the standardized contract on behalf of the City of Fresno. ENVIRONMENTAL FINDINGS: Staff has performed a preliminary environmental assessment of this project and has determined that it falls within the Categorical Exemption set forth in CEQA Guidelines, Section 15301 (Existing Facilities), which exempts the repair and maintenance of existing facilities that involves negligible or no expansion of an existing use, Section 15302 (Replacement or Reconstruction), which exempts the replacement or reconstruction of existing structures and facilities where the new facilities will be location with the same purpose, and Section 15304 (Minor Alterations to Land), which exempts projects consisting of minor public or private alterations in the condition of land, water, and vegetation that do not involve removal of healthy, mature, or scenic trees. These exemptions apply because this project involves the reconstruction of an existing roadway, sidewalks, curb and gutters, accessible ramps, and traffic signal construction that does not involve the expansion of the roadway. Furthermore, Staff has determined that none of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, section 15300.2 apply to this project. LOCAL PREFERENCE: The local preference was not implemented as Emmett’s Excavation, Inc., is a local business. FISCAL IMPACT: 6 1 5 The Central Avenue Street Improvement Project is located in Council District 3. The overall cost of the project is $1,880,297 and is locally funded by Cash-In-Lieu Loan, Local Agency Contribution for shared facility improvements by Fresno Metro Flood Control District, and Department of Public Utilities Water Enterprise Fund. Of the overall budget of the project, $1,383,097 will be used for the construction contract award. The project will have no impact to the General Fund. ATTACHMENTS: CEQA Environmental Assessment Interfund Loan Agreement Standardized Contract Bid Evaluation Fiscal Impact Statement Vicinity Map INTERFUND LOAN AGREEMENT This Loan Agreement (Agreement) is executed as of ____________, 2021 (Effective Date), between the City of Fresno's Developer Cash-In-Lieu Improvements Fund (Lender) and the City of Fresno Cash-In-Lieu Loan Fund (Borrower). Lender agrees to lend to Borrower, and Borrower agrees to repay Lender, an amount not to exceed the Principal Amount and interest accrued on the unpaid loan balance, in accordance with the following: 1. Purpose of the Loan. To provide funds for use by the Borrower or its designee to provide funding for Central Avenue Street Improvements. 2. Principal Loan Amount. Not to exceed $1,880,097. The loan will be recorded as receivable to the Lender and payable to the Borrower. 3. Term of the Loan. The term of this loan shall be five years, beginning on the Effective Date, and shall be repaid in full as of _________________________, 2026. 4. Scheduled Payments. Borrower shall make payments annually against principal and interest. The first payment shall commence on the date that is one year from the Effective Date of this Agreement. At a minimum, each annual scheduled payment shall equal the amount of any accrued interest through the date of payment, plus a principal payment equal to one-fifth (1/5) of the original principal amount. Payments will be credited first to interest then due, and then to principal. Borrower may make partial or complete payment of principal and earned interest at any time before its due date and without any prepayment penalty. 5. Rate of Interest. Interest shall accrue at a rate equal to the City's Pooled Investment Rate, fixed monthly, calculated, and accrued in the same manner that the City would otherwise earn interest on the funds if deposited and earning interest as a pooled investment. The City's Pooled Investment Rate effective on the date of this Note is 1.3489%. Loan interest will be recorded as revenue to the Lender and expenditure to the Borrower. 6. General Provisions. This Agreement constitutes the full Agreement by and between the parties and no other representations have been made regarding the contents of this Agreement. This Agreement shall not be amended, modified, or altered in any respect unless such amendment, modification, or alteration has been reduced to writing and executed by both parties. LENDER BORROWER Thomas Esqueda, City Manager City of Fresno Thomas Esqueda, City Manager City of Fresno DPW 23.0/01-06-12 DPW NO FED DIV I.pdf 1.18 rev. 04-20 CONTRACT CITY OF FRESNO, CALIFORNIA PUBLIC WORK OF IMPROVEMENT THIS CONTRACT is made and entered into by and between CITY OF FRESNO, a California municipal corporation (City), and [Contractor Name], [Legal Identity] (Contractor) as follows: 1. Contract Documents. The “Notice Inviting Bids,” “Instructions to Bidders,” “Bid Proposal,” and the “Specifications” including “General Conditions,” “Special Conditions,” and “Technical Specifications” for the following: [Title] (Bid File No. [Bid File No.]) [Alternates (if any)] copies of which are annexed hereto, together with all the drawings, plans, and documents specifically referred to in said annexed documents, including Performance and Payment Bonds, if required, and are hereby incorporated into and made a part of this Contract, and shall be known as the Contract Documents. 2. Price and Work. For the monetary consideration of [Written Dollar Amount] dollars and [Written Cents Amount] cents ($[Amount]), as set forth in the Bid Proposal, Contractor promises and agrees to perform or cause to be performed, in a good and workmanlike manner, under the direction and to the satisfaction of the City’s “Engineer,” and in strict accordance with the Specifications, all of the work as set forth in the Contract Documents. 3. Payment. City accepts Contractor’s Bid Proposal as stated and agrees to pay the consideration stated, at the times, in the amounts, and under the conditions specified in the Contract Documents. 4. Indemnification. To the furthest extent allowed by law including California Civil Code Section 2782, Contractor shall indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including, but not limited to personal injury, death at any time and property damage) incurred by City, Contractor or any other person, and from any and all claims, demands and actions in law or equity (including attorney’s fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of performance of this Contract. Contractor’s obligations under the preceding sentence shall apply regardless of whether City or any of its officers, officials, employees, agents or volunteers are passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused by the active or sole negligence, or willful misconduct, of City or any of its officers, officials, employees, agents or volunteers. If Contractor should subcontract all or any portion of the work to be performed under this Contract, Contractor shall require each subcontractor to indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers in accordance with the terms of the preceding paragraph. This section shall survive termination or expiration of this Contract. 5. Trench Shoring Detailed Plan. Contractor acknowledges the provisions of Section 6705 of the California Labor Code and, if said provisions are applicable to this Contract, agrees to comply therewith. 6. Worker’s Compensation Certification. In compliance with the provisions of Section 1861 of the California Labor Code, Contractor hereby certifies as follows: I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for worker’s compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this Contract and will make my subcontractors aware of this provision. [Signatures follow on the next page.] DPW 23.0/01-06-12 DPW NO FED DIV I.pdf 1.19 rev. 04-20 IN WITNESS WHEREOF, the parties have executed this Contract on the day and year here below written, of which the date of execution by City shall be subsequent to that of Contractor’s, and this Contract shall be binding and effective upon execution by both parties. [Contractor Name], [Legal Identity] By: Name: (Type or print written signature.) Title: (If corporation or LLC, Board Chair, Pres. or Vice Pres.) Dated: By: Name: (Type or print written signature.) Title: (If corporation or LLC, CFO, Treasurer, Secretary or Assistant Secretary) Dated: CITY OF FRESNO, a California municipal corporation By: [Name], [Title] Department of Public Works Dated: ATTEST: YVONNE SPENCE, MMC CRM City Clerk By: Deputy No signature of City Attorney required. Standard Document #DPW 23.0 has been used without modification as certified by the undersigned. By: [City Certifier Name] [City Certifier Title] Department of Public Works City address: City of Fresno Attention: [Name], [Title] [Street Address] Fresno, CA [Zip] Evaluation Form Rev. 02-2021 FISCAL IMPACT STATEMENT PROGRAM: Central Ave Street Improvement PW00815 TOTAL OR ANNUALIZED RECOMMENDATION CURRENT COST Direct Cost $1,383,097 Indirect Cost $ 497,200 TOTAL COST $1,880,297 Additional Revenue or Savings Generated $0 Net City Cost $1,880,297 Amount Budgeted (If none budgeted, identify source) $2,043,400 Indirect cost consists of the following: Preliminary Engineering $102,700 Right of Way $145,500 Construction Engineering $110,000 Contingency $139,000 Total $497,200 The Central Avenue Street Improvement is located in Council District 3. The overall cost of the project is $1,880,297 and is locally funded by Cash In Lieu Loan, Local Agency Contribution for shared facility improvements by Fresno Metro Flood Control District, and Department of Public Utilities. Of the overall budget of the project, $1,383,097 will be used for the construction contract award. The project will have no impact to the General Fund. CENTR AL A VENU EIMPROVEMENTS N 0 1.5 30.75 Miles DEPARTMENT OFPUBLIC WORKS VICINITY MAP CENTRAL AVENUEIMPROVEMENTSPROJECT ID: PW00815 City Limits Council D istrict 3 June 8, 2021 Fresno City Council President Luis Chavez Fresno City Councilmembers City of Fresno 2100 Fresno Street Fresno, CA 93721 Sent Via Email RE: Agenda Item 1-L – Actions Pertaining to Central Avenue Improvements Project – Bid File 3796 Councilmembers, We are writing to urge you to deny approval of the actions before you today for the Central Avenue Improvements Project (Bid File 3796) (“Project”), including the finding of Categorical Exemptions pursuant to the California Environmental Quality Act Guidelines, the Inter-fund Loan Agreement for $1,880,097, and the award of a construction contract. According to the staff report, the Project includes demolition and reconstruction of approximately 2,000 feet of the North side of East Central Avenue and 400 feet along East Avenue to widen the roadway to increase vehicular capacity and add a two-way left turn lane; add parking spaces; install storm water drainage facilities, a 16” water main, sidewalks, street lighting, and signage. By completing frontage improvements on properties, the Project would “simplify[y] and expedit[e] future development in the area.” Unfortunately, the City failed to consult South Central Fresno residents regarding the Project, continuing a long legacy of excluding South Fresno residents from land use and investment decisions which will direct impact their quality of life. In fact, the Project’s proposed road widening with the purpose of facilitating vehicle traffic and expediting development in the South Central area directly conflicts with input provided by residents over years during multiple planning processes aimed at reducing environmental impacts and pollution burdens on communities in South Central Fresno. Further, the City’s use of CEQA Guidelines Class 1, 2, and 4 Categorical Exemptions to evade environmental review of the Project blatantly violates CEQA, leaves South Central residents’ vulnerable to further environmental degradation as a result of the Project, and conflicts with fair housing and civil rights laws. The City must not approve this Project as proposed. Fresno City Council June 8, 2021 Page 2 of 10 I. The City’s Failure to Seek Public Input Continues a Long Legacy of Exclusion of South Central Residents in Land Use Decisions The City’s development of this Project continues a long pattern of exclusion of South Central Fresno residents who are directly and severely burdened by the City’s planning and support for extensive industrial development in and surrounding South Central Fresno communities. According to the staff report, the Central Avenue Improvements Project was initiated in Fiscal Year 2019, “when the project was budgeted using local funds from Cash-in-Lieu loan funds, Department of Public Utilities local funds, and Fresno Metropolitan Flood Control District [funds].” Report to Council, File ID: 21-22606, June 10, 2021, p. 21. Further, the City spent three years completing preliminary engineering design, project management, utility coordination and right-of-way acquisition. Id. Yet to our knowledge, the City never engaged residents of the neighborhoods surrounding this Project, including residents who live on East Central Avenue or in the community of Daleville, to seek their views and input on the Project during that time. Similarly, the City has approved millions of square feet of warehouse development next to South Central neighborhoods in recent years with no public notice or public input whatsoever, pursuant to Citywide Development Code provisions authorizing unilateral approval of discretionary permits by the Development Director. Fresno Municipal Code (FMC) § 15-4907, Table 15-4907. These facilities include but are not limited to Amazon and Ulta Beauty distribution centers abutting East Central Avenue between Orange and Mary Avenues in the immediate vicinity of this Project. As we have documented in other correspondence to the City, multi-story warehouse developments approved by the City have introduced thousands of daily truck and car trips into South Central neighborhoods along roads shared by residences and impose serious air quality, traffic, noise, vibration, light, health and other impacts on South Central neighborhoods. With its express purpose to facilitating increased vehicular traffic and expedite build out of parcels zoned for industrial and warehouse development near homes on East Central Avenue, this Project would deepen and entrench the environmental impacts of warehouse development and truck traffic on South Central Fresno residents while denying South Central residents a meaningful opportunity to provide input and disregarding input provided by residents in other planning processes. II. Approval of the Project Would Exacerbate Already Severe Environmental Burdens on South Central Fresno Residents, Disregard Ongoing Planning Processes, and Conflict with the City-SFCA Settlement The City’s preparation of a road widening project for East Central Avenue without the input of residents is particularly egregious in light of the extreme environmental burdens already impacting South Central Fresno as well as multiple other ongoing community-based planning processes aimed at reducing environmental impacts in the area, including by reducing air quality and traffic impacts on residents. The census tract in which the Project is located – Census Tract 6019001800 – ranks in the 98th percentile for pollution burden compared to all other census tracts in the state according to the California EPA’s CalEnviroScreen 3.0 tool. See Attachment 1, CalEnviroScreen 3.0 Excel Results. In addition, the neighborhood respectively ranks 98th, 97th, 1 Available at https://fresno.primegov.com/Portal/viewer?id=494&type=0. Fresno City Council June 8, 2021 Page 3 of 10 and 95th percentile for ozone, PM2.5 emissions, and asthma – each of which are associated with and exacerbated by vehicular traffic. In recognition of South Central Fresno’s high cumulative air pollution exposure burden, the California Air Resources Board selected South Central Fresno for the development of a Community Air Monitoring Plan and Community Emissions Reduction Plan in 2018. After substantial work to develop the CERP by community residents, CARB approved the South Central Fresno CERP in 2019. The CERP identifies mobile and industrial sources as primary contributors to air pollution in South Central Fresno and aims to reduce air pollution through various policies and programs, including policy HD.11, Heavy Duty Truck Rerouting; LU.3, Provide Education and Outreach on Available Tools for Public Information Regarding Land Use Projects, and LU.4, Collaborating to Enhance Community Participation in Land Use Processes. While the San Joaquin Valley Air Pollution Control District (“Air District”) leads CERP implementation, the City has a critical role in supporting these and other CERP policies and programs. In 2020, the San Joaquin Valley Air Pollution Control District initiated the truck rerouting study called for by CERP policy HD.11 in order to reduce exposure of community residents to harmful diesel particulate matter and other heavy-duty truck emissions. The City has accepted responsibility for leading and managing the City in close coordination with the Air District and has contributed more than $60,000 in funding to support the study.2 In addition, the settlement agreement entered into between the City of Fresno and South Fresno Community Alliance in March 2021 requires the City to “consider alternate truck routes with adequate roadway infrastructure to accommodate additional traffic, including considering redirecting truck routes away from East Central Avenue” and to “diligently pursue the adoption, implementation and enforcement of the recommendations of the truck routing study, including but not limited to new traffic routes that minimize the exposure of sensitive receptors . . . .” Attachment 2, Settlement Agreement and Release of All Claims, City of Fresno and SFCA, p. 6, ¶ 10. By approving a nearly $2 million investment in widening Central Avenue while the truck rerouting study is ongoing, the City would entrench existing truck routes along Central and undermine the integrity of its own planning process. Such action would also constitute a dismissal of community input provided to date and any future input provided during the truck rerouting study’s development regarding East Central Avenue. Further, it reflects bad faith by the City with respect to its commitment to implementing its agreement with SFCA, an agreement which aims to mitigate the impacts of the Amazon warehouse expansion due to the City’s failure to do so through project- level environmental review pursuant to CEQA. Finally, the Project conflicts with extensive community input provided over the past two years during the South Central Specific Plan’s development. As Leadership Counsel recently reminded the City in comments it and other community-based organizations submitted in response to Notice of Preparation of an EIR for the SCSP, residents have repeatedly asked the City to revise land use designations applicable to the SCSP area to provide buffers between 2 See “Authorize Executive Director/APCO to Enter Into Agreements Necessary to Conduct a Truck Rerouting Study in the South-Central Fresno BA 617 Community”, SJVAPCD Governing Board Meeting, October 15, 2020, available at https://www.valleyair.org/Board_meetings/GB/agenda_minutes/Agenda/2020/October/presentations/10.pdf Fresno City Council June 8, 2021 Page 4 of 10 industrial and residential and other sensitive land uses. This road widening flies in the face of those requests, given the City’s express purpose to “expedite” future development in the area based on existing land use planning. III. CEQA Categorical Exemptions Are Narrowly Construed CEQA is a comprehensive legislative scheme designed to provide long-term protection to the environment.” Mountain Lion Foundation v. Fish & Game Com. (1997) 16 Cal.4th 105, 112. In enacting CEQA, the Legislature declared that all public agencies give prime consideration to preventing environmental damage when carrying out their duties. Id. A CEQA analysis must be “sufficient to allow informed decisionmaking.” Laurel Heights Improvement Ass’n v. Regents of Univ. of Cal. (1988) 47 Cal.3d 376, 404-05. CEQA specifies very narrow “categorical exemptions” from the statute for certain minor projects that do not have a significant effect on the environment––meaning no formal CEQA evaluation is required for such projects. Pub. Resources Code § 21084; 14 Cal. Code Reg. (Guidelines) § 15061(b). Each exemption class represents projects that are not likely to have a significant impact on the environment. See Guidelines §§ 15301-15333. A categorical exemption is proper only if the exemption is not barred by one of the exceptions in CEQA Guidelines § 15300.2. In particular, a “categorical exemption shall not be used for an activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances.” Id. § 15300.2(c). Categorical exemptions are narrowly construed. Santa Monica Chamber of Commerce v. City of Santa Monica (2002) 101 Cal.App.4th 786, 793. “Exemption categories are not to be expanded beyond the reasonable scope of their statutory language.” Mountain Lion Found. 16 Cal.4th at 125. Courts use the fair argument test to decide whether an exception to a categorical exemption applies. The fair argument standard creates a “low threshold” for further environmental review and “reflects a preference for resolving doubts in favor of environmental review when the question is whether any such review is warranted.” Sierra Club v. County of Sonoma (1992) 6 Cal.App.4th 1307, 1316-17 (1992). IV. The Class 1 Categorical Exemption Does Not Apply to the Project. The Project does not qualify for the Class 1 exemption because it is not a minor alteration that negligibly changes Central Avenue. On the contrary, the Project involves significantly expanding Central Avenue which, among other things, will substantially increase heavy-duty truck traffic and other vehicular impacts on the surrounding community. The “existing facilities” exemption is only applicable when a project involves “the operation, repair, maintenance . . . or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency’s determination.” Guidelines § 15301. The “key consideration” for applying this exemption is “whether the project involves negligible or no expansion of an existing use.” Id. § 15301. The existing facilities exemption does not apply when the proposed project alters a facility in a manner that has the potential to increase negative Fresno City Council June 8, 2021 Page 5 of 10 impacts. Cty. of Amador v. El Dorado Cty. Water Agency (1999) 76 Cal. App. 4th 931, 967 (Class 1 exemption did not apply where hydroelectric project was modified to permit consumptive use of additional water); Committee to Save the Hollywoodland Specific Plan v City of Los Angeles (2008) 161 CA4th 1168, 1187 (Class 1 exemption invalid where no evidence supported use of exemption for construction of fence atop historic granite wall). Here, the Project does not qualify for the narrow Class 1 exemption because it is not a minor or negligible alteration of Central Avenue. Rather, the Project includes substantially widening the roadway to “increase vehicular capacity,” constructing new sidewalks and streetlights, creating new parking and bike lanes, as well as constructing a new water main and fire hydrants. See Report to the City Council (June 10, 2021, File ID: 21-22606) at 2. The Project will cost millions of dollars and take substantial time to construct. The surrounding neighborhoods will be negatively impacted by, among other things, the noise and air emissions from increased vehicular traffic, as well as the construction of the Project. Thus, the City’s reliance on the Class 1 exemption to avoid CEQA review is unlawful. V. The Class 2 Categorical Exemption Does Not Apply to the Project. The Project does not qualify for a Class 2 exemption because it is not a replacement or reconstruction of existing structures and facilities. Rather, the Project is an expansion of a roadway, traffic and parking lanes, and new infrastructure including water lines and fire hydrants. For a roject to be exempt under the “replacement or reconstruction” exemption, the project must be located on the same site as the structure replaced and must have substantially the same purpose and capacity as the structure replaced. Guidelines § 15302; see Dehne v. Cty. of Santa Clara (1981) 115 Cal. App. 3d 827, 839 (Class 2 exemption was proper because the project site and capacity were not expanded). Here, the Project does not qualify under the Class 2 exemption because the Project is substantially expanding rather than replacing or reconstructing the existing structure. In fact, the scope of the Project is to widen the roadway to its “ultimate width” to “increase vehicular capacity” as well as provide amenities for pedestrians and cyclists. Additionally, the Project requires new construction of approximately 1,950 feet of a master planned water main and fire hydrants, which did not exist previously. These changes to Central Avenue are substantial expansions increasing traffic and constructing new infrastructure––not replacements nor reconstructions of any existing structure. Thus, the Class 2 exemption does not apply. VI. The Class 4 Categorical Exemption Does Not Apply to the Project. The Project does not qualify for a Class 4 exemption because it is not a minor public or private alteration. “[M]ost fundamentally, the Class 4 exemption applies to only ‘minor’ alterations.” Cal. Farm Bureau Fed’n v. Cal. Wildlife Conservation Bd. (2006) 143 Cal.App.4th 173, 183. Fresno City Council June 8, 2021 Page 6 of 10 Here, the Project will require the destruction and paving over of existing structures as well as the construction of new lanes, sidewalks, water lines, fire hydrants, streetlights, and more. The City does not indicate which subsection of the Class 4 exemption it is invoking. However, the Project fails to qualify under any of the subsections and will result in environmental impacts of a significantly greater scale and severity than project types listed in those sub-sections. Since the Project is more than minor grading alteration but rather the entirely new construction of lanes for vehicular traffic, it does not qualify for a Section 15304(a) exemption. It also cannot be considered new gardening or landscaping under § 15304(b) as the goal of the expansion as stated in the staff report is to increase vehicular traffic, not improve the City’s greenery or landscape. The parcel in question has not been previously excavated and it will not be filled with material compatible with the natural features of the site. Therefore, Section 15304(c) does not apply. Similarly, Section 15304(d) is not relevant because the Project does not pertain to managing wildlife. The Project is also not a temporary use under Section 15304(e), but rather a permanent expansion. The City cannot rely on Section 15304(f), because the Project will require more than minor trenching and backfilling. Instead of restoring the surface, the Project will create entirely new lanes that will require months of construction. Sections 15304(g) and 15304(i) are not relevant as the Project does not pertain to spoil or fuel management. Even Section 15304(h) is not applicable here because the Project’s proposed bicycle lanes will not be added to existing rights-of-way, but instead will be newly constructed. Simply because the Project involves cycling improvements does not exempt it from scrutiny under environmental impact regulations. Coalition v. City & County of San Francisco, 2006 Cal. Super. LEXIS 1839, *26-27. Again, the Class 4 exemption applies to only minor alterations.” Cal. Farm Bureau, 143 Cal.App.4th at 183. New constructions, installation of pipeline, changes to “existing drainage patterns and elevations of the land,” and permanent or semi-permanent structures that “will require regular management and maintenance” cannot be considered minor physical alterations. Id. at 183-84. By widening the existing roadway, adding parking lanes, constructing drainage improvements, and installing a water main, and more, this Project involves multiple activities which will require ongoing maintenance. Courts have held that Class 4 exemptions cannot be utilized by such projects. These changes to Central Avenue are not minor public or private alterations in the condition of land, water, and/or vegetation, but rather major alterations requiring construction. Thus, the City may not rely on the Class 4 exemption. VII. No Categorical Exemptions Apply Here Because There is a Reasonable Possibility That the Project Will Have a Significant Impact Due to Unusual Circumstances. The “unusual circumstances” exception to categorical exemptions is applicable here. See Guidelines § 15300.2(c). “A categorical exemption shall not be used for an activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances.” Guidelines § 15300.2(c). Here, the Project is not subject to any categorical exemptions due to the Project’s proximity to neighborhoods that are already Fresno City Council June 8, 2021 Page 7 of 10 overburdened by industrial projects that cause severe air pollution, heavy-duty truck traffic, noise and light pollution, and other negative impacts. Unusual circumstances exist when a proposed project is located in close proximity to residences. See Lewis v. Seventeenth District Agricultural Association (1985) 165 Cal.App.3d 823, 836. For example, the a proposed racetrack nearby a residential area is an unusual circumstance requiring the public agency to determine whether significant impacts could result from the project. Id. Here, the Project is located near residences that are already negatively impacted by a large number of industrial projects. In addition, there is a reasonable possibility that the Project will have a significant impact on surrounding neighborhoods. In particular, the City admits that the project will increase vehicular traffic, which significantly impacts air quality, traffic congestion, pedestrian safety. The traffic will likely include heavy-duty trucks, which cause even greater impacts than normal automobiles, given the proximity of the Project to major distribution warehouses operated by Amazon, Ulta and other large companies. The additional traffic will also likely cause noise and vibrations that disturb residents. Moreover, the construction of the Project itself will likely create noise, dust, and vibration that impacts residents. Thus, the unusual circumstances exception applies here, and the City’s reliance on categorical exemptions is contravenes CEQA. VIII. The City Has Engaged in Improper Piecemeal Review of the Proposed Project and Has Failed to Study the Project’s Cumulatively Significant Impacts The City fails to address the Project’s impacts as one component of a larger road widening project anticipated by the Official Plan Lines for the East Central Avenue alignment from State Route 41 to South Cedar Avenue.3 “CEQA forbids ‘piecemeal’ review of the significant environmental impacts of a project.” Berkeley Keep Jets Over the Bay Comm. v. Bd. of Port Comm’rs, 91 Cal. App. 4th 1344, 1358 (2001). The City cannot allow “environmental considerations [to] become submerged by chopping a large project into many little ones—each with a minimal potential impact on the environment—which cumulatively may have disastrous consequences.” Bozung v. Local Agency Formation Com., 13 Cal. 3d 263, 283, 529 P.2d 1017 (1975). The City’s failure to consider the proposed Project’s contribution to the future environmental impacts, including but not limited to air quality, greenhouse gas emissions, traffic, noise, health, and housing impacts, in conjunction with the planned expansion for East Central Avenue from Highway 41 to East Avenue and Orange Avenue to Cedar violates CEQA. Here, as noted above, the Project proposes to significantly expand approximately 2,000 feet of Central Avenue to buildout the roadway to its ultimate capacity, increasing vehicular capacity and providing amenities for pedestrians and cyclists. However, the Project represents only one comparatively small section of buildout anticipated by the OPL for Central Avenue from State 3 See Official Plan Lines, East Cenral Avenue, available at https://fresno.legistar.com/View.ashx?M=F&ID=5785365&GUID=3A12887A-D303-41E6-AC26- C0A09D06C6A2 ; Vicinity Map, Official Plan Line For: From Cherry Avenue to Cedar Avenue, available at https://fresno.legistar.com/View.ashx?M=F&ID=5785352&GUID=81F94ED7-80B3-47A2-9A33-E36058E20E55; Aerial Photograph of Official Plan Lines, available at. https://fresno.legistar.com/View.ashx?M=F&ID=5785354&GUID=572B5C63-6E86-4BFB-997B-E2E4CA3B5959. Fresno City Council June 8, 2021 Page 8 of 10 Route 41 to South Cedar Avenue, a 1.7 mile or roughly 9,000 foot segment of roadway. Completion of the expansion in its entirety will facilitate the circulation of thousands of truck and car trips per day along Central Avenue and other local roads that abut residences and other sensitive uses in the South Central area. The sharp surge in truck traffic and idling on Central Avenue emitting PM 2.5, NOx, diesel PM, and other pollutants will contribute to numerous cumulatively significant environmental effects, including impacts on air quality, greenhouse gas emissions, transportation, noise, aesthetics, and other factors, with substantial adverse effects on human beings. Despite these future cumulative impacts of the roadway expansion contemplated by the OPL, the City has never determined or evaluated the cumulative levels of pollution from the increased vehicle traffic this Project will generate. By failing to assess the cumulative environmental impacts of full buildout anticipated by the OPL, the City engages in a piecemeal review of the Project in violation of CEQA. Bakersfield Citizens for Local Control v. City of Bakersfield, 124 Cal. App. 4th 1184, 1215 (2004). IX. The Project is Inconsistent with Fair Housing and Civil Rights Laws When considered individually and as part of future buildout of East Central Avenue and the City’s broader efforts to locate industrial development in the South Central area, the Project will result in significant adverse impacts on environmental quality, housing quality and stability, public health, and the wellbeing of residents in the Project’s vicinity and the South Central area. The census tract the Project is located in, tract 6019001500, is 79% Latino, Black, Asian, and Native residents, disproportionately higher than the City of Fresno (40%) and Fresno County (33%).4 Therefore, the Project will result in a disparate adverse impact on the basis of race, ethnicity and other statutorily protected characteristics and threatens to violate state and federal fair housing and civil rights laws as codified in Cal. Gov. Code §§ 12900, et. seq., 11135, 65008, 8899.50; 42 U.S.C. § 2000d, et seq., 3601, et seq., 5304(b)(2)&(s)(7B), & 12075), and other applicable law. The City’s failure to acknowledge, analyze, and mitigate impacts which uniquely, acutely, and / or disproportionately burden lower income communities of color and non-English speaking populations as required by law constitutes a pattern and practice of the City of Fresno, magnifies the severity of the Project’s impacts on protected classes, and implicates violations of civil rights and fair housing laws on both intentional and disparate impact bases. See e.g., 2 C.C.R. §§ 12161(a)&(b); 12060(b) (describing the standard for unlawful discriminatory effects under the Fair Housing and Employment Act); 12955.8(a) (intentional discrimination includes an act or failure to act and may be established by direct or circumstantial evidence). For these reasons, the Project not only violates CEQA but results in violations of state and federal fair housing and civil rights laws which require the City to both avoid discrimination and to affirmatively further fair housing. 4 CalEPA’s Office of Environmental Health Hazard Assessment (OEHHA)’s webpage on CalEnviroScreen, 3.0 is accessible at this link: https://oehha.ca.gov/calenviroscreen/report/calenviroscreen-30. Fresno City Council June 8, 2021 Page 9 of 10 X. Conclusion For the foregoing reasons, the City Council must not adopt the actions pertaining to the East Central Avenue Improvements project on Thursday. Instead, the City must develop a plan for the future of East Central Avenue based on community input, including input provided through the South Central Specific Plan, AB 617 Community Emissions Reduction Plan, and Truck Re- Routing study development requesting that the City prohibit truck traffic on East Central Avenue, and must ensure that all significant environmental impacts are analyzed, avoided or mitigated to the greatest extent feasible consistent with CEQA and civil rights and fair housing laws. Thank you for your attention to this matter. Please contact us if you would like to find a time to discuss this letter. * * * * * Sincerely, Ashley Werner Lucas Williams Directing Attorney Visiting Associate Professor of Law /Staff Attorney Leadership Counsel for Golden Gate University Justice Accountability Environmental Law and Justice Clinic cc: Mayor Jerry Dyer Tommy Esqueda, City Manager Scott Mozier, Director, Public Works Department Douglas Sloan, City Attorney Terry Hirschfield, Principle, Orange Center Elementary School Samir Sheikh, Executive Director/APCO, San Joaquin Valley Air Pollution Control District Channel Fletcher, Deputy Executive Officer of Environmental Justice, California Air Resources Board Scott Lichtig, Deputy Attorney General, California Department of Justice Robert Swanson, Deputy Attorney General, California Department of Justice ATTACHMENTS Attachment 1: CalEnviroScreen 3.0 Excel Results. Attachment 2: Settlement Agreement and Release of All Claims, City of Fresno and SFCA Fresno City Council June 8, 2021 Page 10 of 10 RLS: A21-0701.001 FILE ID: 21-22726 REPORT TO THE CITY COUNCIL DATE: June 17, 2021 FROM:SCOTT L. MOZIER, PE, Director Public Works Department BY: RANDALL W. MORRISON, PE, Assistant Director Engineering Division, Public Works Department SUBJECT: Award a construction contract in the amount of $1,578,023.00 to Avison Construction, Inc., of Madera, CA, as the lowest responsive and responsible bidder, for the Shields Avenue Bankside Trail Project, along Shields Avenue from Fresno Street to First Street (Bid File No. 3810-12012) (Council District 7) RECOMMENDATION: Staff recommends the City Council award a construction contract to Avison Construction, Inc., in the amount of $1,578,023.00 as the lowest responsive and responsible bidder, for the Shields Avenue Bankside Trail Project (Segment 2 of the Midtown Trail), along Shields Avenue from First Street to Fresno Street, and authorize the Public Works Director or designee to sign a standardized construction contract on behalf of the City. EXECUTIVE SUMMARY: The City of Fresno seeks to award a construction contract for the construction of the Shields Avenue Bankside Trail Project, along Shields Avenue from First Street to Fresno Street. This construction contract is for Segment 2 of the Midtown Trail program, a planned 7-mile pedestrian and cycle multipurpose trail comprised of five, separate trail segments. Segment 2 will run easterly along the south side of Shields Avenue and will include construction of an asphalt multipurpose trail, minor road work, driveways, concrete curb and gutter, street and trail lighting, and landscaping and irrigation. This construction contract is for $1,578,023.00, and is fully funded by a Congestion Mitigation and Air Quality Improvement (CMAQ) grant and Local Measure C Trails funding. BACKGROUND: 5 9 4 On September 1, 2016, the City Council approved the funding agreement to allow Measure C Trails funding to be used for the design and construction of the Midtown Trail (then referred to as the “Metropolitan Trail”). The Midtown Trail was split into five segments to be designed and constructed as stand-alone projects. The Shields Avenue Bankside Trail Project, along Shields Avenue from First Street to Fresno Street, is Segment 2 of the Midtown Trail program, a planned 7 mile pedestrian and cycle multipurpose trail, which will ultimately provide connectivity between the Fresno Area Express hub at Manchester Center and the Clovis Old Town Trail. The planned corridor will follow the Herndon Canal alignment along Shields Avenue, from Blackstone Avenue and First Street to McKinley Avenue, then along the Mill Creek alignment south of McKinley Avenue to Clovis Avenue, then northerly along Clovis Avenue to Shields Avenue. Segment 2 will be the second segment of the Midtown Trail program to enter construction. Segment 2 design and right of way acquisition phases took approximately five years to complete. The design was completed by BKF Engineers and the right-of-way acquisition was performed by the City’s Real Estate team. As part of the right-of-way phase the City of Fresno acquired a permanent easement and temporary construction easement from the Westlands Water District (WWD), to provide maintenance access and a staging/loading/unloading area for the Fresno Irrigation District (FID), as required by the City FID Common Use Agreement (CUA), recorded on February 11, 2021. The WWD acquisition was recorded on March 23, 2021. The project scope includes construction of a pedestrian and cycle multipurpose trail, minor road work, driveways, concrete curb and gutter, street and trail lighting, and landscaping and irrigation along the south side of Shields Avenue from Fresno Street to First Street. Staff prepared a Notice Inviting Bids, which was published in the Fresno Business Journal on May 3, 2021, posted on the City’s website, and sent to thirteen (13) building exchanges. Project plans and specifications were distributed to eighteen (18) prospective bidders. Five (5) sealed bid proposals were received and opened in a public bid opening on June 1, 2021, with bids ranging from $1,578,023.00 to $1,947,296.20. Avison Construction, Inc., of Madera, CA, with their bid of $1,578,023.00, was determined to be the lowest responsive and responsible bidder. The expiration date of the bids is August 4, 2021. If the bids are rejected or expire the project must be rebid which will result in a delay of approximately 90 days. Staff recommends award of a construction contract to Avison Construction, Inc., in the amount of $1,578,023.00, to construct Segment 2, as the lowest responsive and responsible bidder. A standard construction contract has been used, without modification, in accordance with Administrative Order 4- 4. Upon approval by the City Council, the construction contract will be executed by the Public Works Director, or designee. ENVIRONMENTAL FINDINGS: On December 10, 2020, City Council adopted Amended and Restated Environmental Assessment No. P20-01778, a determination that the proposed project for the Midtown Trail qualifies for the streamlined analysis set forth in the California Environmental Quality Act (CEQA) Guidelines Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning) and dated December 5 9 4 10, 2020. A Notice of Exemption (NOE) was filed with the Fresno County Clerk on December 16, 2020. LOCAL PREFERENCE: Local preference was not implemented based on the conditions of the federal CMAQ grant. FISCAL IMPACT: Segment 2 of the Midtown Trail program is located in District 7. The overall cost of the project is $2,120,700.00 and is funded by a Federal CMAQ grant and Local Measure C Trails funding, and will have no impact to the General Fund. Of the total project cost, $1,578,023.00 will be used for the construction contract award. All funds necessary for the contract award are included in the current fiscal year budget as previously adopted by the Council. ATTACHMENTS: Bid Evaluation Fiscal Impact Statement Vicinity Map Location Map Standardized Construction Contract Evaluation Form With DBE Goal Rev. 02- FISCAL IMPACT STATEMENT PROGRAM: SHIELDS AVENUE BANKSIDE TRAIL FROM FRESNO STREET TO FIRST STREET. (MIDTOWN TRAIL SEGEMENT 2) TOTAL OR ANNUALIZED RECOMMENDATION CURRENT COST Direct Cost $1,578,023 ___________ Indirect Cost $ 542,677 ___________ TOTAL COST $2,120,700 ___________ Additional Revenue or Savings Generated Net City Cost $2,120,700 Amount Budgeted (If none budgeted, identify source) $1,895,200 ___________ SUMMARY OF INDIRECT COSTS: PE Costs $218,000 Right-of-Way $ 64,500 Construction Engineering $102,300 Contingency $157,877 Total Indirect Cost $542,677 The Shields Avenue Bankside Trail (Midtown Trail Segment 2) is located in District 7, and is funded by a Congested Mitigation Air Quality (CMAQ) federal grant. Local match is funded with local Measure ‘C’. The project will have no impact to the General Fund. N 01.530.75 Miles DEPARTMENT OF PUBLIC WORKS VICINITY MAP Project ID: PW00725 Council District: 7 Shields Avenue Bankside Trail From Fresno Street to First Street (Mid-Town Trail, Segment 2) Whites Bridge MapleBrawleyHerndon Bullard Shaw ClovisFowlerTemperanceWestPalmClovisFowlerTemperanceDe WolfShields McKinley Belmont ChestnutPeachAmerican CedarGrantlandHayesElmEastMarksWestWalnutCorneliaNorth California Jensen Ashlan GrantlandHayesCorneliaBrawleyMarksShaw Bullard Herndon Nees De WolfShields McKinley Belmont California Jensen North Kings Canyon AshlanPeachBehymer Copper Shepherd NeesBlackstoneFirstCedarChestnutGarfieldBryanPolkBlytheValentineVan NessFruitMaroaFresnoMillbrookMapleWillowDakota Clinton Olive Gettysburg Barstow Sierra Alluvial Nielsen Kearney Muscat Annadale Church WillowMinnewawaMalaga OrangeBryanSunnysideArmstrongLocanFigCherryHughesFruitPolkValentineBlytheAlluvial Sierra Barstow Perrin SunnysideArmstrongLocanClinton Olive Tulare Butler Church Annadale DakotaMinnewawaInternational Teague Shields Avenue BanksideTrail: Fresno Street to First Street (Mid-Town Trail, Segment 2) DPW 23.0 PWI/07-30-18 FHWA DIV I.pdf 1.29 rev. 04-20 SAMPLE CONTRACT CITY OF FRESNO, CALIFORNIA PUBLIC WORK OF IMPROVEMENT THIS CONTRACT is made and entered into by and between CITY OF FRESNO, a California municipal corporation (City), and [Contractor Name], [Legal Identity] (Contractor) as follows: 1.Contract Documents. The “Notice Inviting Bids,” “Instructions to Bidders,” “Bid Proposal,” and the “Specifications” including “General Conditions,” “Special Conditions,” and “Technical Specifications” for the following: [Title] (Bid File No. [Bid File No.]) [Alternates (if any)] copies of which are annexed hereto, together with all the drawings, plans, and documents specifically referred to in said annexed documents, including Performance and Payment Bonds, if required, and are hereby incorporated into and made a part of this Contract, and shall be known as the Contract Documents. 2.Price and Work. For the monetary consideration of [Written Dollar Amount] dollars and [Written Cents Amount] cents ($[Amount]), as set forth in the Bid Proposal, Contractor promises and agrees to perform or cause to be performed, in a good and workmanlike manner, under the di rection and to the satisfaction of the City’s “Engineer,” and in strict accordance with the Specifications, all of the work as set forth in the Contract Documents. 3.Payment. City accepts Contractor’s Bid Proposal as stated and agrees to pay the consideration stated, at the times, in the amounts, and under the conditions specified in the Contract Documents. The Contractor agrees to accept electronic payment from City. 4.Indemnification. To the furthest extent allowed by law including California Civil Code Section 2782, Contractor shall indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including, but not limited to personal injury, death at any time and property damage) incurred by City, Contractor or any other person, and from any and all claims, demands and actions in law or equity (including attorney’s fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of performance of this Contract. Contractor ’s obligations under the preceding sentence shall apply regardless of whether City or any of its officers, officials, employees, agents or volunteers are passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused by the active or sole negligence, or willful misconduct, of City or any of its officers, officials, employees, agents or volunteers. If Contractor should subcontract all or any portion of the work to be performed under this Contract, Contractor shall require each subcontractor to indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers in accordance with the terms of the preceding paragraph. I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for worker’s compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this Contract and will make my subcontractors aware of this provision. [Signatures follow on the next page.] This section shall survive termination or expiration of this Contract. 5.Trench Shoring Detailed Plan. Contractor acknowledges the provisions of Section 6705 of the California Labor Code and, if said provisions are applicable to this Contract, agrees to comply therewith. 6.Worker’s Compensation Certification. In compliance with the provisions of Section 1861 of the California Labor Code, Contractor hereby certifies as follows: DPW 23.0 PWI/07-30-18 FHWA DIV I.pdf 1.30 rev. 04-20 IN WITNESS WHEREOF, the parties have executed this Contract on the day and year here below written, of which the date of execution by City shall be subsequent to that of Contractor’s, and this Contract shall be binding and effective upon execution by both parties. [Contractor Name], [Legal Identity] By: Name: (Type or print written signature.) Title: (If corporation or LLC, Board Chair, Pres. or Vice Pres.) Dated: By: Name: (Type or print written signature.) Title: (If corporation or LLC, CFO, Treasurer, Secretary or Assistant Secretary) Dated: CITY OF FRESNO, a California municipal corporation By: [Name], [Title] Department of Public Works Dated: ATTEST: YVONNE SPENCE, MMC CRM City Clerk By: Deputy No signature of City Attorney required. Standard Document #DPW 23.0 PWI has been used without modification, as certified by the undersigned. By: [City Certifier Name] [City Certifier Title] Department of Public Works City address: City of Fresno Attention: [Name], [Title] [Street Address] Fresno, CA [Zip] Attachment: Form 1273 RLS: A21-0738 FILE ID: 21-22675 REPORT TO THE CITY COUNCIL DATE: June 17, 2021 FROM:MICHAEL CARBAJAL, Director Department of Public Utilities BY:SARAH AGUILA, Supervising Engineering Technician Department of Public Utilities – Utilities Planning & Engineering SUBJECT: Actions pertaining to the cleaning and rehabilitation of Digesters 4 and 11 at the Fresno-Clovis Regional Wastewater Reclamation Facility (Bid File 3768) (Council District 3): 1. Adopt a finding of Categorical Exemption pursuant to Sections 15301/Class 1 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines. 2. Award a construction contract to Caliber Contracting Services, Inc., in the amount of $2,110,034.05. RECOMMENDATION: Staff recommends that City Council adopt a finding of Categorical Exemption pursuant to Section 15301/Class 1 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines; award a construction contract to Caliber Contracting Services, Inc., in the amount of $2,110,034.05, for the cleaning and rehabilitation of Digesters 4 and 11 at the Fresno-Clovis Regional Wastewater Reclamation Facility; and authorize the Director of Public Utilities, or designee, to sign and execute all documents on the behalf of the City of Fresno (City). EXECUTIVE SUMMARY: Periodic cleaning and rehabilitation of the 13 mesophilic anaerobic digesters at the Fresno-Clovis Regional Wastewater Reclamation Facility (Facility) is required to keep the Facility functioning within regulatory requirements. During routine inspections of Digesters 4 and 11, stains were discovered on the walls of the exterior of the digesters, indicating seepage of liquid and/or gasses through cracks in the concrete walls. This construction contract will allow for the coating and sealing of the interior and exterior surfaces of the digesters to prevent such leaking. The Department of Public Utilities, Wastewater Management Division, is seeking to award a construction contract for the cleaning and rehabilitation of Digesters 4 and 11 at the Facility (Project) to Caliber Contracting Services, Inc., in the amount of $2,110,034.05. BACKGROUND: 5 5 3 The Facility operates 13 mesophilic anaerobic digesters. The digesters range in size from 860,000 to 1,870,000 gallons. The digesters are used in the treatment of the solids generated at the Facility to eliminate pathogens and volatile organic compounds. Over the period of approximately seven years, these digesters accumulate debris associated with the treatment process (i.e. solids consisting of sludge, sand, plastics, hair, etc.). Following routine maintenance and inspections of the digesters, seepage stains and visible concrete surface cracks were discovered. This Project includes the routine cleaning and dewatering of the digesters as well as removal and replacement of the existing interior coating, including new roof coating, which has exceeded its life expectancy. Plans and specifications were prepared for the Project. A Notice Inviting Bids was published on April 9, 2021 and posted on the City’s Planet Bids website. The specifications were distributed to 21 prospective bidders and posted at 11 Building Exchanges. Four sealed bid proposals were received and publicly opened on May 4, 2021. The bid proposals ranged from $2,110,034.05 to $2,702,163.00. Caliber Contracting Services, Inc., was found to be the lowest responsive and responsible bidder, with the bid amount of $2,110,034.05. The staff determination was posted on the City’s Planet Bids website on Friday, May 28, 2021. Staff recommends that City Council award a construction contract to Caliber Contracting Services, Inc., in the amount of $2,110,034.05, as the lowest responsive and responsible bidder. The bid price is 1.03% above the adjusted Engineer’s Estimate of $2,050,000. The Estimate reflects an increase of $250,000 as a result of the addition of structural repair bid items during the bidding process. The bid items were deemed necessary based on similar, recent, work performed on other digesters. The bid will expire within 64 days of bid opening, on July 7, 2021. ENVIRONMENTAL FINDINGS: Staff has performed a preliminary environmental assessment for this Project and has determined that it falls within Categorical Exemption set forth in Section 15301/ Class 1 (Existing Facilities) of the California Environmental Quality Act guidelines. This Project involves the routine dewatering and cleaning of two digesters at the Fresno-Clovis Regional Wastewater Reclamation Facility, as well as removal and replacement of the existing interior coating, including new roof coating, on the digesters, which has exceeded its life expectancy. The work to be performed does not involve any expansion of the existing use of the digesters. Furthermore, none of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, Section 15300.2 apply to this Project. LOCAL PREFERENCE: The lowest responsive and responsible bidder, Caliber Contracting Services, Inc., is a local business pursuant to the Fresno Municipal Code Section 4-108(d). FISCAL IMPACT: There is no impact to the General Fund. The Project is located in Council District 3. Funding for this Project is included in the Fiscal Year 2021 capital improvement budget within the Wastewater Management Division’s Sewer Enterprise Fund 40501. 5 5 3 ATTACHMENTS: Attachment 1 – Bid Evaluation and Fiscal Impact Statement Attachment 2 – Sample Construction Contract Attachment 3 – Vicinity Map DPW 23.0/01-06-12 DPW NO FED DIV I.pdf 1.18 rev. 04-20 CONTRACT CITY OF FRESNO, CALIFORNIA PUBLIC WORK OF IMPROVEMENT THIS CONTRACT is made and entered into by and between CITY OF FRESNO, a California municipal corporation (City), and [Contractor Name], [Legal Identity] (Contractor) as follows: 1. Contract Documents. The “Notice Inviting Bids,” “Instructions to Bidders,” “Bid Proposal,” and the “Specifications” including “General Conditions,” “Special Conditions,” and “Technical Specifications” for the following: [Title] (Bid File No. [Bid File No.]) [Alternates (if any)] copies of which are annexed hereto, together with all the drawings, plans, and documents specifically referred to in said annexed documents, including Performance and Payment Bonds, if required, and are hereby incorporated into and made a part of this Contract, and shall be known as the Contract Documents. 2. Price and Work. For the monetary consideration of [Written Dollar Amount] dollars and [Written Cents Amount] cents ($[Amount]), as set forth in the Bid Proposal, Contractor promises and agrees to perform or cause to be performed, in a good and workmanlike manner, under the direction and to the satisfaction of the City’s “Engineer,” and in strict accordance with the Specifications, all of the work as set forth in the Contract Documents. 3. Payment. City accepts Contractor’s Bid Proposal as stated and agrees to pay the consideration stated, at the times, in the amounts, and under the conditions specified in the Contract Documents. 4. Indemnification. To the furthest extent allowed by law including California Civil Code Section 2782, Contractor shall indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including, but not limited to personal injury, death at any time and property damage) incurred by City, Contractor or any other person, and from any and all claims, demands and actions in law or equity (including attorney’s fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of performance of this Contract. Contractor’s obligations under the preceding sentence shall apply regardless of whether City or any of its officers, officials, employees, agents or volunteers are passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused by the active or sole negligence, or willful misconduct, of City or any of its officers, officials, employees, agents or volunteers. If Contractor should subcontract all or any portion of the work to be performed under this Contract, Contractor shall require each subcontractor to indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers in accordance with the terms of the preceding paragraph. This section shall survive termination or expiration of this Contract. 5. Trench Shoring Detailed Plan. Contractor acknowledges the provisions of Section 6705 of the California Labor Code and, if said provisions are applicable to this Contract, agrees to comply therewith. 6. Worker’s Compensation Certification. In compliance with the provisions of Section 1861 of the California Labor Code, Contractor hereby certifies as follows: I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for worker’s compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this Contract and will make my subcontractors aware of this provision. [Signatures follow on the next page.] DPW 23.0/01-06-12 DPW NO FED DIV I.pdf 1.19 rev. 04-20 IN WITNESS WHEREOF, the parties have executed this Contract on the day and year here below written, of which the date of execution by City shall be subsequent to that of Contractor’s, and this Contract shall be binding and effective upon execution by both parties. [Contractor Name], [Legal Identity] By: Name: (Type or print written signature.) Title: (If corporation or LLC, Board Chair, Pres. or Vice Pres.) Dated: By: Name: (Type or print written signature.) Title: (If corporation or LLC, CFO, Treasurer, Secretary or Assistant Secretary) Dated: CITY OF FRESNO, a California municipal corporation By: [Name], [Title] Department of Public Works Dated: ATTEST: YVONNE SPENCE, MMC CRM City Clerk By: Deputy No signature of City Attorney required. Standard Document #DPW 23.0 has been used without modification as certified by the undersigned. By: [City Certifier Name] [City Certifier Title] Department of Public Works City address: City of Fresno Attention: [Name], [Title] [Street Address] Fresno, CA [Zip] 6 1 6 FILE ID 21-22612-01 REPORT TO THE CITY COUNCIL DATE: June 17, 2021 FROM:MICHAEL CARBAJAL, Director Department of Public Utilities BY:DEJAN PAVIC, P.E., Public Utilities Manager Department of Public Utilities SUBJECT Approve Agreement between City of Fresno and Pinedale Public Utility District to transfer billing and collection of sewer service charges in the area generally bound by North Palm Avenue to the east, West Celeste Avenue to the south, North Fruit Avenue to the west, and West Sierra Avenue to the north, from Pinedale Public Utility District to the City of Fresno (Council District 2 and Fresno County). RECOMMENDATIONS Staff recommends that Council: 1. Approve an agreement between City of Fresno (City) and Pinedale Public Utility District (District) to transfer billing and collection of sewer service changes (Agreement) in the area generally bound by North Palm Avenue to the east, West Celeste Avenue to the south, North Fruit Avenue to the west, and West Sierra Avenue to the north (Affected Area), from Pinedale Public Utility District to the City of Fresno; and 2. Authorize the Director of Public Utilities, or designee, to sign the Agreement on behalf of the City. EXECUTIVE SUMMARY The City owns the wastewater collection system and provides wastewater collection services to the properties in the Affected Area, and the District bills and collects the monthly sewer service charges. The Department of Public Utilities is seeking to enter into agreement with the District to assume all responsibility for billing and collecting the monthly sewer service charge for all properties within the Affected Area (as identified in Exhibit A to the Agreement) effective July 1, 2021. BACKGROUND The District was formed in 1950 under the Municipal District Act of 1921 for the specific purpose of providing wastewater collection and treatment to unincorporated subdivisions west of the unincorporated Pinedale community. The District provides sewer service to the area west of Pinedale, including territory both within the City and in adjacent unincorporated areas, within and outside of the District’s service area. City was designated by the County of Fresno (County) as the Chief Sewering Agent in 1966. The City owns and operates a publicly owned treatment works (POTW) used for transportation and treatment of wastewater and sewage. Between 1974 and 1977, the City expanded 6 1 6 the POTW by the construction of the West Fresno-Herndon Interceptor and enlarged its regional wastewater treatment facilities. On April 29, 1975, County and District entered in an agreement, concerning the County’s construction of an 18-inch sewer main along North Fruit Avenue, between West Bullard Avenue and West Sample Avenue (1975 Agreement). Pursuant to the 1975 Agreement, the District agreed to permit City and County to utilize the District’s facilities, including but not limited to its sewer mains, lift stations, and treatment facilities, to serve the Affected Area. The District assumed responsibility for billing and collecting the monthly sewer service charge from customers in the Affected Area. The 1975 Agreement stated that the District’s right to collect the monthly sewer service charge would terminate when the sewer lift station at Fruit and Sample Avenues was removed from operation, at which time the billing and collection of sewer service charges would succeed to City. The District’s lift stations were removed from service in 1984, but the District continues to bill and collect sewer service charges from customers in the Affected Area. Except for the sewer main located on Fruit Avenue between Sample Avenue and Sierra Avenue, City currently owns, operates, and maintains all sanitary sewer system infrastructure providing service to the APNs identified in this Agreement, as reflected in Exhibit C to the Agreement. City and District now desire to effectuate the transfer of billing and collection of these customers from the District to the City. The parties acknowledge that the City provides wastewater collection services to properties within the Affected Area boundaries (identified in Exhibit A to the Agreement) and the District bills and collects the monthly sewer service charge. The parties agree that effective July 1, 2021, City will assume all responsibility for billing and collecting the monthly sewer service charge for all properties within the Affected Area. The specific APNs from which the City will bill and collect the sewer service charge are identified in Exhibit B to the Agreement. Pursuant to Resolution No. MSR-19-01/SOI-190, the Affected Area is within the District’s Sphere of Influence (SOI) but has not been annexed to the District. The parties also desire to revise the District’s SOI and will address this issue with the Fresno Local Agency Formation Commission following execution of this Agreement. The City Attorney’s Office has approved the attached Agreement as to form. The PPUD Board of Directors approved the Agreement on May 25, 2021. ENVIRONMENTAL FINDINGS Pursuant to the definition in California Environmental Quality Act Guidelines Section 15378, entering into this Agreement is not a project. LOCAL PREFERENCE Local preference was not implemented because approval of this Agreement does not involve a bid or award of a construction or services agreement. FISCAL IMPACT 6 1 6 There is no impact to the General Fund. The transfer of billing and collection of these customers from District to City will effectively increase the revenue City collects, as billing and collecting fees would not be retained by the District. Attachment: PPUD-Tenaya Properties Transfer Agreement 6 1 7 File ID 21-0396-02 REPORT TO THE CITY COUNCIL DATE: June 17, 2021 FROM: MICHAEL CARBAJAL, Director, Department of Public Utilities BY: ROSA LAU-STAGGS- Wastewater Manager, Department of Public Utilities SUBJECT: ***BILL No. 18 (Intro. 4/28/21) (For adoption) – Amending Chapter 6, Article 9 of the Fresno Municipal Code, the Recycled Water Ordinance (All Council Districts) (Subject to Mayor’s Veto) RECOMMENDATION: Staff recommends approval of the Ordinance amending Chapter 6, Article 9 of the Fresno Municipal Code (FMC), the Recycled Water Ordinance. EXECUTIVE SUMMARY: Recycled Water is a source of water for approved non-potable uses as specified in the California Code of Regulations Title 22 Recycled Water Criteria. Recycled Water is a component of the City’s Metropolitan Water Resources Management Plan, the long-range plan to develop a more sustainable water supply. The City’s long-term plan is to develop the recycled water system to meet the increasing urban demand and offset the potable use. This is a proposal to amend various sections of the City’s Recycled Water Ordinance, as set forth in Chapter 6, Article 9 of the FMC. The purpose of the proposed changes is to (1) clarify the City’s recycled water use requirements set forth in the Ordinance and (2) chart a path for a future integrated recycled water program. The proposed amendments will align the FMC with the state of the existing recycled water program and clarify that recycled water use is not currently mandatory for any of the City’s water customers. Water customers that choose to use recycled water would enter into an agreement with the City that would establish a negotiated price applicable to the recycled water service. Further, the proposed amendments continue to allow the City to require certain new development projects, as a condition of project approval, to construct the infrastructure necessary to allow for future mandatory recycled water use. BACKGROUND: Recycled Water is a source of water for approved non-potable uses as specified in the California Code of Regulations Title 22 Recycled Water Criteria. The Department of Public Utilities’ Wastewater Management Division operates the Fresno-Clovis Regional Wastewater Reclamation Facility (RWRF), which treats approximately 60 million gallons per day (MGD) of wastewater from residential, commercial, and industrial users. Treated undisinfected wastewater is applied to 1,700 acres of percolation ponds, resulting in incidental recharge of the 6 1 7 groundwater aquifer underneath the RWRF that is later extracted for beneficial non-potable, non- restricted uses. The RWRF provides recycled water treated at a secondary level for restricted irrigation of non-food crops within the RWRF and to nearby farmers. The State of California encourages use of disinfected recycled water to help reduce the reliance of using potable water for non-potable applications, such as landscape irrigation, agricultural irrigation, and other commercial or industrial uses. Recycled Water is also a component of the City’s Metropolitan Water Resources Management Plan, the long-range plan to develop a sustainable water supply portfolio. Growing population and increased water scarcity has intensified the demand for urban water consumption. Alternative water sources for non-potable uses has become an important component of integrated water resources management to ensure the health and continued growth of the community. In the future, recycled water from urban wastewater will help provide a reliable long-term sustainable and drought tolerant supply of new water. Reusing water will help reduce the use of percolation ponds that currently handle effluent discharge and preserve the limited supplies of surface and groundwater. Thus, the City’s long term plan is to develop the recycled water system to meet the increasing urban demand and offset potable uses. In 2017, the Wastewater Management Division completed construction of a 5 MGD Disinfected Tertiary Treatment Facility in order to deliver tertiary level treated wastewater for less restrictive uses and as allowed by Title 22 Recycled Water Criteria. This source of water is ready to be delivered where distribution infrastructure currently exists or will be available in the future. If this source is not delivered to customers it will be returned to the RWRF’s disposal ponds, usually reserved for less costly treated wastewater (undisinfected secondary level) adding to the accumulation of water underneath the disposal ponds. Wastewater Management Division staff are actively working to coordinate making connections at various City facilities and are conducting outreach in pursuit of connecting private entities as the recycled water distribution systems expands. The purpose of this proposal is to (1) clarify the City’s recycled water use requirements set forth in the Ordinance and (2) chart a path for a future integrated recycled water program. The proposed amendments set forth in the attached bill will align the FMC with the state of the existing recycled water program and clarify that recycled water use is not currently mandatory for any of the City’s water customers. Instead, the City sells recycled water, on a voluntary basis, to those water customers that elect to purchase it. By selling recycled water created as a byproduct of its wastewater treatment facility, the City is able to generate revenues that may be used to offset the rates paid by its wastewater customers. While the City is currently delivering recycled water on a voluntary basis, the City’s long term goal is to integrate recycled water service into the City’s water and sewer systems and rate plans. To that end, the proposed amendments continue to allow the City to require certain new development projects, as a condition of project approval, to construct the infrastructure necessary to allow for future mandatory recycled water use. Although certain new development projects will be required to equip their properties for potential future mandatory recycled water use, the new water customers associated with those projects will not be required to use or purchase recycled water at this time. Water customers that choose to use recycled water would enter into an agreement with the City that would establish a negotiated price applicable to the recycled water service. 6 1 7 These amendments are essential to facilitate the goals sets forth in the City’s Metropolitan Water Resources Management Plan. ENVIRONMENTAL FINDINGS: An initial study and environmental impact report (EIR) was prepared and certified in 2013 for the Recycled Water Master Plan (Clearing House NO. 2010051015). This project was adopted to identify potential recycled water use opportunities within the City and its Sphere of Influence (SOI). The Master Plan includes a plan for the installation and operation of treatment, storage and distribution infrastructure to serve the proposed project area with recycled water. The Master Plan further recommends the City to consider the adoption of a “Recycled Water Ordinance” to assist the City in implementing the Recycled Water Program that contains provisions addressing various topics related to the implementation of the goals, policies, and objectives of the Master Plan. An analysis has been performed pursuant to CEQA Guidelines § 15162 to determine whether subsequent environmental review is required for the Recycled Water Master Plan (NO. 2010051015). Based upon this analysis the following findings are made to support the determination that no subsequent environmental review is required: 1. No substantial changes are proposed in the project which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. In this case, there are no changes to the project. The changes proposed in the Recycled Water Ordinance fall within the scope of the EIR that was originally assessed in the Master Plan. The Plan discussed the adoption of an Ordinance that states it will specify both mandatory and voluntary uses for existing and future users. The proposed amendments will align with the state of the existing recycled water program and clarify that recycled water use is not currently mandatory for any of the City’s water customers and the City sells recycled water, on a voluntary basis, to those water customers that elect to purchase it. The proposed amendments continue to allow the City to require certain new development projects, as a condition of project approval, to construct the infrastructure necessary to allow for future mandatory recycled water use. 2. No substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. In this case, no substantial changes have occurred. The changes proposed in the Recycled Water Ordinance fall within the scope of the EIR, as the Master Plan discusses the adoption of an Ordinance that states it will specify both mandatory and voluntary uses for existing and future users. 3. There is no new information, which was not known and could not have been known at the time of the previous EIR that the project will have a significant effect not discussed in the EIR. Furthermore, it has been determined that any of the mitigation measures and alternatives previously determined to be infeasible remain infeasible. In addition, no new mitigation measures or alternatives that would substantially reduce one or more significant effects on the environment have been identified. 6 1 7 Based upon these findings, it has been determined that no further environmental documentation is required for this project. LOCAL PREFERENCE: Local preference was not implemented because the proposed amendments to the FMC do not include a bid or an award of construction or services contract. FISCAL IMPACT: There will be no fiscal impact as a result of incorporating these proposed amendments into the FMC. ATTACHMENTS: Ordinance RLS: A21-0166.001 FILE ID: 21-22684 REPORT TO THE CITY COUNCIL DATE: June 17, 2021 FROM:TJ MILLER, Director Parks, After School and Recreation, and Community Services Department BY:AARON AGUIRRE, Assistant Director Parks, After School and Recreation, and Community Services Department SUBJECT: Approve the First Amendment to the License Agreement between the City of Fresno, through the PARCS Department and New Cingular Wireless PCS, LLC to license use of certain real property, together with access and utility rights located at the Woodward Park maintenance yard. Original term commenced on March 2000. This is a revenue generated item with funds being used for Parks Special Projects. The License provides for a rent escalation of 15% per five (5) years commencing March 29, 2026. The License increases the base rent to $20,000 per year, paid annually effective March 29, 2021. (Friant and Shepherd) (District 6) RECOMMENDATION: Staff recommends that the City Council approve and allow the PARCS Director or designee to enter into the First Amendment to the License Agreement between the City of Fresno, through the PARCS Department and New Cingular Wireless PCS, LLC for use of City property at the Woodward Park maintenance yard for the placement of ground equipment adjacent to the existing cell tower. The First Amendment of the License Agreement will allow the City to license the premises at the Woodward Park maintenance yard for the purpose of New Cingular Wireless PCS maintaining and operating ground equipment on the existing cell tower structure. EXECUTIVE SUMMARY: The License between the City of Fresno and New Cingular Wireless PCS, LLC expired March 29, 2021; the City and Licensee mutually agree to amend the License. BACKGROUND: The City of Fresno and AT&T Wireless Services of California, Inc. entered into a License Agreement dated March 29, 2000 for use of the property at the Woodward Park maintenance yard for placement of their ground equipment adjacent to the existing cell tower structure. New Cingular Wireless is currently the licensee under the License as successor in interest to the Original Licensee. The License had an original term that commenced on March 29, 2000. However, the License provided for six extensions of three years each, all of which were exercised by Licensee resulting in the License 5 6 2 expiring in March 29, 2021. The License is for a period of twenty-five (25) years in total, five (5) automatically renewing terms of five (5) years each. The License provides for a rent escalation of 15% per five (5) years commencing March 29, 2026. The License increases the base rent to $20,000 per year, paid annually effective March 29, 2021. A one-time signing bonus of $30,000 shall be made available to City within 30 days of the effective date. ENVIRONMENTAL FINDINGS: This approval is not a project for the purposes of CEQA Guidelines Section 15378 LOCAL PREFERENCE: Local preference was not implemented because this item is an amendment to an existing contract. FISCAL IMPACT: There is no additional impact to the General Fund as a result of approving this Agreement. Revenue from this agreement is to be used to fund Parks Special Projects. ATTACHMENTS: First Amendment to License Agreement New Cingular Wireless PCS, LLC Cingular Memorandum of Agreement License Agreement Woodward Park AT&T 1 FIRST AMENDMENT TO LICENSE AGREEMENT THIS FIRST AMENDMENT TO LICENSE AGREEMENT (First Amendment), dated as of the latter of the signature dates below (Effective Date), is by and between the City of Fresno, a California municipal corporation, having a mailing address of 1515 E. Divisadero Street, Fresno, California 93721 (City), and New Cingular Wireless PCS, LLC, a Delaware limited liability company, successor in interest to AT&T Wireless Services of California, lnc., having a mailing address of 1025 Lenox Park Blvd. NE, 3rd Floor, Atlanta, GA 30319 (Licensee). WHEREAS, City and Licensee (or its predecessor in interest) entered into a License Agreement dated March 29, 2000 (Agreement), whereby City leased to Licensee certain Premises, therein described, that are a portion of the property located at 9301 North Friant Road, Fresno, CA, 93720 (Property); and WHEREAS, the term of the Agreement expired on March 28, 2021, and the parties mutually desire to renew the Agreement, memorialize such renewal period and modify the Agreement in certain other respects, all on the terms and conditions contained herein; and WHEREAS, City and Licensee desire to amend the Agreement to extend the term of the Agreement; and WHEREAS, City and Licensee desire to amend the Agreement to adjust the license fee (as defined below) in conjunction with the modifications to the Agreement contained herein; and WHEREAS, City and Licensee desire to amend the Agreement to modify the notice section thereof; and WHEREAS, City and Licensee, in their mutual interest, wish to amend the Agreement as set forth below accordingly. NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, City and Licensee agree that the recitals set forth above are incorporated herein as if set forth in their entirety and further agree as follows: 1. Extension of Term. The term of the Agreement shall be amended to provide that the Agreement has a new initial term of five (5) years (New Initial Term), commencing on March 29, 2021, (New Term Commencement Date). As of such New Term Commencement Date, all remaining Extension Terms in the Agreement except as set forth herein shall be void and of no further force and consequence. The Agreement will be automatically renewed for up to four (4) additional five (5) year terms (each an "Extension Term") upon the same terms and conditions of the Agreement, as amended herein, without further action by Licensee, unless Licensee notifies City in writing of Licensee's intention not to renew the Agreement at least sixty (60) days prior to the expiration of the New Initial Term or the then current Extension Term. Hereafter, the defined term "Term" shall include the New Initial Term and any applicable Extension Term. DocuSign Envelope ID: 7DC0FD57-C29E-456D-AB65-A5FCE904BEABDocuSign Envelope ID: 3F744F15-CC92-44DE-AD03-705E03F3E8F6DocuSign Envelope ID: 999A218C-3295-4E10-BDAD-3BA30D888682 2 2. License Fee. Commencing on March 29, 2021, the current license fee payable under the Agreement shall be $20,000 per year (License Fee), and shall continue during the Term, subject to adjustment as provided herein. Article 3 of the Agreement shall be amended to provide that License Fee shall be adjusted as follows: Commencing on March 29, 2026, and at the start of each Extension Term thereafter, the annual License Fee will increase by fifteen percent (15%) over the License Fee paid during the previous Term. 3. One-Time Payment. Licensee shall pay to City a one-time signing bonus in the amount of $30,000, payable within thirty (30) days of the Effective Date. 4. Charges. All charges payable under the Agreement such as utilities and taxes shall be billed by City within one (1) year from the end of the calendar year in which the charges were incurred; any charges beyond such period shall not be billed by City, and shall not be payable by Licensee: The foregoing shall not apply to the annual License Fee which is due and payable without a requirement that it be billed by City. The provisions of this subparagraph shall survive the termination or expiration of the Agreement. 5. Acknowledgement. City acknowledges that: 1) this First Amendment is entered into of the City's free will and volition; 2) City has read and understands this First Amendment and the underlying Agreement and, prior to execution of this First Amendment, was free to consult with counsel of its choosing regarding City's decision to enter into this First Amendment and to have counsel review the terms and conditions of this First Amendment; 3) City has been advised and is informed that should City not enter into this First Amendment, the underlying Agreement between City and Licensee, including any termination or non-renewal provision therein, would remain in full force and effect. 6. Notices. Section 11.03 of the Agreement is hereby deleted in its entirety and replaced with the following: "(a) NOTICES. All notices, requests, demands and communications hereunder will be given by first class certified or registered mail, return receipt requested, or by a nationally recognized overnight courier, postage prepaid, to be effective when properly sent and received, refused or returned undelivered. Notices will be addressed to the parties as follows: If to Licensee: New Cingular Wireless PCS, LLC Attn.: Network Real Estate Administration Re: Cell Site #: CVL02282 Cell Site Name: Park (CA); Fixed Asset No.: 10090554 1025 Lenox Park Blvd. NE, 3rd Floor Atlanta, GA 30319 DocuSign Envelope ID: 7DC0FD57-C29E-456D-AB65-A5FCE904BEABDocuSign Envelope ID: 3F744F15-CC92-44DE-AD03-705E03F3E8F6DocuSign Envelope ID: 999A218C-3295-4E10-BDAD-3BA30D888682 3 With a required copy of the notice sent to the address above to AT&T Legal at: New Cingular Wireless PCS, LLC Attn.: AT&T Legal Department - Network Operations Re: Cell Site #: CVL02282 Cell Site Name: Park (CA); Fixed Asset No.: 10090554 208 S. Akard Street Dallas, Texas, 75202-4206 A copy sent to the Legal Department is an administrative step which alone does not constitute legal notice. And as to City: City of Fresno 1515 E. Divisadero Street Fresno, California 93721 (b) In the event of a change in ownership, transfer or sale of the Property, within ten (10) days of such transfer, City will send the below documents to Licensee. In the event Licensee does not receive such appropriate documents, Licensee shall not be responsible for any failure to pay the current landlord. (i) New deed to Property; (ii) NewW-9; (iii) New Payment Direction Form; (iv) Full contact information for new landlord including all phone numbers. Either party hereto may change the place for the giving of notice to it by thirty (30) days prior written notice to the other as provided herein." 7. Indemnification. Section 8.01 of the Agreement is hereby deleted in its entirety and replaced with the following: “To the furthest extent allowed by law, Licensee 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, Licensee 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 Agreement. Licensee’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 the willful misconduct, of City or any of its officers, officials, employees, agents or volunteers. If Licensee should subcontract and/or contract all or any portion of the work to be performed under this Contract, Licensee shall require each subcontractor to indemnify, hold harmless and defend City and each of its officers, officials, DocuSign Envelope ID: 7DC0FD57-C29E-456D-AB65-A5FCE904BEABDocuSign Envelope ID: 3F744F15-CC92-44DE-AD03-705E03F3E8F6DocuSign Envelope ID: 999A218C-3295-4E10-BDAD-3BA30D888682 4 employees, agents and volunteers in accordance with the terms of the preceding paragraph. Licensee, as a material part of the consideration to be rendered to City under this Agreement, waives all claims against the City for damages to all Facilities and personal property in, on, or about the premises, and for injuries to persons in or about the Premises, from any cause arising at any time. City shall not be liable to Licensee for any damage by or from any act or negligence of any other occupant of the Premises or any occupant of adjoining or contiguous property. This section shall survive termination or expiration of this Agreement.” 8. Insurance. Section 8.02 of the Agreement is hereby deleted in its entirety and replaced with the following: LIMITS OF INSURANCE Licensee shall procure and maintain for the duration of the contract, and for 5 years thereafter, insurance with limits of liability not less than those set forth below. However, insurance limits available to City, its officers, officials, employees, agents and volunteers as additional insureds, shall be the greater of the minimum limits specified herein or the full limit of any insurance proceeds available to the named insured: 1. COMMERCIAL GENERAL LIABILITY (i) $2,000,000 per occurrence for bodily injury and property damage; (ii) $2,000,000 per occurrence for personal and advertising injury; (iii) $4,000,000 aggregate for products and completed operations; and, (iv) $4,000,000 general aggregate applying separately to the work performed under the Agreement. 2. COMMERCIAL AUTOMOBILE LIABILITY $1,000,000 per accident for bodily injury and property damage. 3. Workers’ Compensation Insurance as required by the State of California with statutory limits and EMPLOYER’S LIABILITY with limits of liability not less than: (i) $1,000,000 each accident for bodily injury; (ii) $1,000,000 disease each employee; and, (iii) $1,000,000 disease policy limit. UMBRELLA OR EXCESS INSURANCE In the event Licensee purchases an Umbrella or Excess insurance policy(ies) to meet the “Limits of Insurance,” this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies). In addition, such Umbrella or Excess insurance policy(ies) shall also apply on a primary and non- contributory basis for the benefit of the City, its officers, officials, employees, agents, and volunteers. DocuSign Envelope ID: 7DC0FD57-C29E-456D-AB65-A5FCE904BEABDocuSign Envelope ID: 3F744F15-CC92-44DE-AD03-705E03F3E8F6DocuSign Envelope ID: 999A218C-3295-4E10-BDAD-3BA30D888682 5 DEDUCTIBLES AND SELF-INSURED RETENTIONS Licensee shall be responsible for payment of any deductibles contained in any insurance policy(ies) required herein and Licensee shall also be responsible for payment of any self-insured retentions. Any self-insured retentions must be declared on the Certificate of Insurance., OTHER INSURANCE PROVISIONS/ENDORSEMENTS (i) All policies of insurance required herein shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, except after thirty (30) calendar days written notice has been given to City, except ten (10) days for nonpayment of premium. Licensee is also responsible for providing written notice to the City under the same terms and conditions. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non- renewal, or reduction in coverage or in limits, Licensee shall furnish City with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for City, Licensee shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than fifteen (15) calendar days prior to the expiration date of the expiring policy. (ii) The Commercial General and Automobile Liability insurance policies shall be written on an occurrence form. (iii) The Commercial General and Automobile Liability insurance policies shall be endorsed to name City, its officers, officials, agents, employees and volunteers as an additional insured, or by blanket endorsement. Licensee shall establish additional insured status for the City and for all ongoing and completed operations under the Commercial General policy by use of ISO Forms or an executed manuscript insurance company endorsement providing additional insured status. The Commercial General endorsements must be as broad as that contained in ISO Forms: both CG 20 10 & CG 20 37. (iv) The Commercial General and Automobile Liability insurance shall contain, or be endorsed to contain, that the Licensee’s insurance shall be primary to and require no contribution from the City. The Commercial General policy is required to include primary and noncontributory coverage in favor of the City for both the ongoing and completed operations coverage. These coverages shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees, agents and volunteers. If Licensee maintains higher limits of liability than the minimums shown above, City requires and shall be entitled to coverage for the higher limits of liability maintained by Licensee. (v) Should any of these policies provide that the defense costs are paid within the Limits of Liability, thereby reducing the available limits by defense costs, then the requirement for the Limits of Liability of these polices will be twice the above stated limits. (vi) For claims related to this Agreement, Licensee’s insurance coverage shall be primary insurance with respect to the City, its officers, officials, agents, DocuSign Envelope ID: 7DC0FD57-C29E-456D-AB65-A5FCE904BEABDocuSign Envelope ID: 3F744F15-CC92-44DE-AD03-705E03F3E8F6DocuSign Envelope ID: 999A218C-3295-4E10-BDAD-3BA30D888682 6 employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, agents, employees, and volunteers shall be excess of the Licensee’s insurance and shall not contribute with it. (vii) The Commercial General, Worker’s Compensation and Automobile insurance policies shall contain, or be endorsed to contain, a waiver of subrogation as to City, its officers, officials, agents, employees, and volunteers. PROVIDING OF DOCUMENTS - Licensee shall furnish City with all certificate(s) and applicable endorsements effecting coverage required herein All certificates and applicable endorsements are to be received and approved by the City’s Risk Manager or designee prior to City’s execution of the Agreement and before work commences. CLAIMS-MADE POLICIES - If any coverage required is written on a claims-made coverage form: (i) The retroactive date must be shown, and must be before the effective date of the Agreement or the commencement of work by Licensee. (ii) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the work or termination of the Agreement, whichever first occurs. (iii) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date of the Agreement, or work commencement date, License must purchase “extended reporting” period coverage for a minimum of five (5) years after completion of the work or termination of the Agreement, whichever first occurs. (iv) A copy of the claims reporting requirements must be submitted to City for review. (v) These requirements shall survive expiration or termination of the Agreement. SUBCONTRACTORS - If Licensee subcontracts and/or contracts any or all of the services to be performed under this Agreement, Licensee shall require, at the discretion of the City’s Risk Manager or designee, subcontractor(s) to enter into a separate side agreement with the City to provide required indemnification and insurance protection. Any required Side Agreement(s) and associated insurance documents for the subcontractors must be reviewed and preapproved by City Risk Manager or designee. If no Side Agreement is required, Licensee will be solely responsible for ensuring that its subcontractors maintain insurance coverage at levels no less than those required by applicable law and is customary in the relevant industry.” 9. Memorandum of Agreement. Either party will, at any time upon fifteen (15) days prior written notice from the other, execute, acknowledge and deliver to the other a recordable Memorandum of Agreement substantially in the form of the Attachment 1. Either party may record this memorandum at any time, in its absolute discretion. 10. Other Terms and Conditions Remain. In the event of any inconsistencies DocuSign Envelope ID: 7DC0FD57-C29E-456D-AB65-A5FCE904BEABDocuSign Envelope ID: 3F744F15-CC92-44DE-AD03-705E03F3E8F6DocuSign Envelope ID: 999A218C-3295-4E10-BDAD-3BA30D888682 7 between the Agreement and this First Amendment, the terms of this First Amendment shall control. Except as expressly set forth in this First Amendment, the Agreement otherwise is unmodified and remains in full force and effect. Each reference in the Agreement to itself shall be deemed also to refer to this First Amendment. 11. Capitalized Terms. All capitalized terms used but not defined herein shall have the same meanings as defined in the Agreement. [Signatures to follow on next page] DocuSign Envelope ID: 7DC0FD57-C29E-456D-AB65-A5FCE904BEABDocuSign Envelope ID: 3F744F15-CC92-44DE-AD03-705E03F3E8F6DocuSign Envelope ID: 999A218C-3295-4E10-BDAD-3BA30D888682 8 IN WITNESS WHEREOF, the parties have executed this First Amendment at Fresno, California, on the day and year first above written. CITY OF FRESNO, a California municipal corporation By: TJ Miller PARCS Director 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 LICENSEE: New Cingular Wireless PCS, LLC, a Delaware limited liability company By: AT&T Mobility Corporation Its: Manager 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: 7DC0FD57-C29E-456D-AB65-A5FCE904BEAB Courtney T’Anna Perillo Area Manager Construction Engineering DocuSign Envelope ID: 3F744F15-CC92-44DE-AD03-705E03F3E8F6DocuSign Envelope ID: 999A218C-3295-4E10-BDAD-3BA30D888682 4/28/2021 9 Attachment 1 Memorandum of Agreement (see attached) DocuSign Envelope ID: 7DC0FD57-C29E-456D-AB65-A5FCE904BEABDocuSign Envelope ID: 3F744F15-CC92-44DE-AD03-705E03F3E8F6DocuSign Envelope ID: 999A218C-3295-4E10-BDAD-3BA30D888682 LICENSE AGREEMENT r/t This License Agreement ("Agreement") is entered into effective this P<r -day of /lLu.rk, < , 2000 ("Effective Date"), by the City of Fresno, a municipal corporation, hereafter ref~o as "CITY," and AT&T Wireless Services of California, Inc. dba AT&T Wireless Services, hereafter referred to as ''LICENSEE." RECITALS WHEREAS, LICENSEE desires to use CITY park site property to construct and operate public utilities communication facilities and CITY is willing to allow LICENSEE to use such property for this purpose. AGREEMENT NOW, THEREFORE, it is mutually agreed as follows: ARTICLE 1. GRANT Subject to the following terms and conditions, CITY grants the LICENSEE a license ("License") to use the premises ("Premises"), described in Exhibit "A" attached hereto and incorporated herein by reference. ARTICLE 2. TERM OF LICENSE One Year z_.oOI _7,.01>v Section 2.01. This License shall expire at midnight on the day preceding the first anniversary of the Effective Date, unless LICENSEE has secured all necessary permits and has begun construction of the Facilities described in Section 4.01. Section 2. 02. Unless this License expires earlier or terminates as otherwise provided within this Agreement, the initial term ("Initial Term") of the License shall be for a period of three (3) years, commencing upon the Effective Date and terminating at midnight on the day preceding the third anniversary of the Effective Date. Extension Section 2.03. The Initial Term of the License shall be automatically extended for six (6) successive three (3) year periods (''Extension Terms") after the Initial Term expires, unless, at least ninety (90) days prior to the expiration of the then current term, either party to this Agreement delivers to the other party written notice of its intent not to extend the respective term, in which case the License shall terminate at the -1- end of the then current term . All terms, covenants and conditions of this Agreement shall remain in full force and effective during any Extension Term, except for the license fee which shall be as set forth in Section 3 .01. ARTICLE 3. COMPENSATION License Fee Section 3.01. LICENSEE agrees to annually pay to CITY on the first day of each year of the Initial Term, a license fee in the amount of Six Thousand Dollars ($6,000.00). LICENSEE agrees to annually pay to CITY on the first day of each year of each Extension Term, if any, a license fee in the amount as determined in accordance with the following paragraph. At the beginning of each Extension Term, the license fee shall be increased by the cumulative increase in the Consumer Price Index (CPI) for all urban consumers for the Los Angels, Anaheim, Long Beach area during the previous three (3) years, but in no event shall any such single Extension Term increase exceed fifteen percent (15%) of the immediately preceding fee. Place for Payment of License Fee Section 3.02. All license fee payments that become due and payable under this License shall be paid to CITY at the office of CITY OF FRESNO PARKS , RECREATION AND COMMUNITY SERVICES DEPARTMENT at 2326 Fresno Street, Room 101, Fresno, CA 93721-1824, or any other place or places that CITY may designate by written notice to LICENSEE. ARTICLE 4. USE OF PREMISES Principal Use Section 4.01. Such Premises shall, during the life of this License, be used by LICENSEE for the sole purpose of constructing, installing, maintaining, and operating thereon up to a seventy (70) foot communications tower ("monopole"), antenna, and attendant building ( collectively referred to as "Facilities"). LICENSEE may not use the Premises for any other purpose or business without obtaining CITY'S prior written consent. Incidental Use Section 4.02. The License includes the following incidental right to use the Premises, provided that in exercising such right, LICENSEE must use reasonable care and may not unreasonably increase the burden on the Premises. Right to access to the Premises and to LICENSEE'S Facilities and equipment placed thereon by LICENSEE, its agents, independent contractors and employees for the purpose of construction, installation, operation and maintenance of such Facilities, equipment and utility services, provided that LICENSEE, its agents, independent contractors and employees shall preserve and protect all existing vegetation adjacent to the Premises to the maximum extent possible consistent with the work required, protect from damage all -2- existing improvements, equipment and facilities on or near the Premises and repair or restore any damage to such improvements, equipment and facilities resulting therefrom. Conditions of Use Section 4.03. Additional conditions for LICENSEE'S use of the Premises are as follows: (a) LICENSEE shall perform, at LICENSEE'S sole cost and expense, signal tests or any other test that is necessary to ensure that placement of the monopole will not interfere with other telecommunication devices in Fresno and vicinity as required by law. (b) LICENSEE'S equipment shall not interfere with the operation and/or quality of communication of CITY'S existing equipment. LICENSEE'S equipment shall be placed and configured so as not to interfere with any of CITY'S facilities and communications located on or off the Premises. ( c) LICENSEE acknowledges that CITY provides public use of the Premises and stores landscape materials and a fleet of vehicles and operates maintenance functions for a variety of parks and landscape medians out of the Premises and agrees CITY'S site operations shall take precedence over LICENSEE'S use . LICENSEE shall not use or permit its employees or agents to use the Premises in any way which interferes with the operations of the CITY and the public use of the Premises . (d) LICENSEE shall not use or permit such Premises or any portion of such Premises to be used or occupied in any manner or for any purpose that is in any way in violation of any valid law, ordinance, or regulation of any federal, state, county, or local governmental agency, body, or entity. Furthermore, LICENSEE shall not maintain, commit , or permit the maintenance or commission of any nuisance as now or hereafter defined by any statutory or decisional law applicable to such Premises on such Premises or any part of such Premises . Nothing herein shall prevent the CITY from exercising its police power to eliminate nuisances or code violations within its jurisdiction. ARTICLE 5. TAXES AND UTILITIES LICENSEE To Pay Taxes Section 5.01. In addition to the license fees required to be paid hereunder, LICENSEE shall pay, and LICENSEE hereby agrees to pay, any and all taxes, including any possessory use tax, assessments, and other charges of any description levied or assessed during the term of this License by any governmental agency or entity on or against LICENSEE'S property on such Premises . Separate Assessment of Licensed Land Section 5.02 . LICENSEE agrees to arrange with the taxing authorities to have LICENSEE'S property on such Premises taxed and assessed as a separate interest. -3- Contest of Tax Section 5.03 . LICENSEE shall have the right to contest, oppose, or object to the amount or validity of any tax, assessment, or other charge levied on or assessed against LICENSEE'S property on such Premises or LICENSEE'S possessory interest, if any. Utilities Section 5.04 . LICENSEE shall pay or cause to be paid, and hold CITY and the property of CITY including such Premises, free and harmless from all charges for the furnishing of gas, water, electricity, telephone service, and other public or private utilities and similar services to LICENSEE at such Premises during the term of this License and for the removal of LICENSEE'S garbage or rubbish from such Premises during the term of this License. ARTICLE 6. CONSTRUCTION OF FACILITIES LICENSEE Cost and Expense Section 6.01. Any Facilities shall be constructed by LICENSEE at its sole cost and expense . Compliance with Law and Quality Section 6.02. The Facilities shall be constructed, and all work performed on such Premises shall be in accordance with all valid laws, ordinances, regulations, and orders of all federal, state, county, or local governmental agencies or entities having jurisdiction over such Premises . The Facilities shall be deemed to have been constructed in full compliance with all valid laws, ordinances, regulations, and orders when a valid final Certificate of Occupancy, entitling LICENSEE to occupy and use the Facilities, has been duly issued by the proper governmental agencies or entities . Mechanics' Lien Section 6.03 . At all times during the term of this Agreement, LICENSEE shall keep such Premises free and clear of any and all liens and claims of liens including, but not limited to liens for labor, services, materials, supplies, or equipment performed on or furnished to such Premises, and if any such liens do attach, LICENSEE shall promptly cause them to be discharged of record. Failure of LICENSEE to discharge such liens within thirty (30) days of their attachment shall be cause for CITY to terminate this Agreement. Nothing in this section shall be construed as imposing any obligation on LICENSEE for liens not resulting from LICENSEE'S conduct or activities. Zoning and Use Permits Section 6.04 . Should it be necessary or appropriate to obtain any use permit, variance, rezoning or other entitlement for use of such Premises in order to construct or operate the Facilities, CITY agrees to use its best efforts to cooperate with LICENSEE in applying for any such documents, petitions, applications, and authorizations as may be necessary or appropriate in obtaining the same, provided, however, that any such -4- permits, variances, rezoning or other entitlements for use shall be obtained and any conditions of issuance shall be performed at the sole cost and expense of LICENSEE, and LICENSEE agrees to protect and save CITY, and the property of CITY, including such Premises, free and harmless from any such cost and expense. Nothing in this Agreement shall be deemed to imply that CITY has agreed or bound itself to approve any entitlement for use of such Premises by LICENSEE, and CITY shall retain its full governmental discretion to consider LICENSEE'S land use applications on their merits. Any legally proper denial of a permit or entitlement by CITY, shall not be considered a breach of this Agreement and shall not result in any damages accruing to LICENSEE hereunder nor reimbursement of any portion of any license fee paid . Ownership of Facilities Section 6.05 . The Facilities placed or erected on such Premises as well as any and all furniture, equipment or other personal property placed in or on such Premises by LICENSEE shall remain the property of LICENSEE and upon expiration or sooner termination of this Agreement shall be removed by LICENSEE at LICENSEE'S sole cost and expense. For purposes of this Agreement, the Facilities or any portion thereof shalLconstitute trade fixtures which are not, by the manner in which they are affixed, an integral part of the Premises. ARTICLE 7. REPAIRS AND RESTORATION Maintenance Section 7.01. At all times during the term of this License, LICENSEE shall, at LICENSEE'S own cost and expense, keep and maintain LICENSEE'S equipment and Facilities now or hereafter on such Premises in good order and repair and in a safe and clean condition. LICENSEE, at LICENSEE 'S own cost or expense, shall be entitled to reconstruct and restore the Facilities erected and installed on such Premises in the event such improvements are damaged or destroyed. Requirements of Governmental Agencies , Section 7.02 . At all times during the term of this License, LICENSEE, at LICENSEE'S own cost and expense, shall: (a) Make all alterations, additions, or repairs to its building and the monopole on such Premises , or to the underlying property, as required by any valid law, ordinance, statute, regulation, or permit now or hereafter made or issued by any federal, state, county, local , or other governmental agency or entity; (b) Observe and comply with all valid laws, ordinances, statutes, and regulations now or hereafter made or issued respecting such Premises or the improvements or Facilities on such Premises by any federal, state, county, local , or other governmental agency or entity; (c) Contest if LICENSEE, in LICENSEE'S sole discretion desires, by appropriate legal proceedings brought in good faith and diligently prosecuted in the name of LICENSEE, the validity or applicability to such Premises of any law, ordinance, statute, or regulation now or hereafter made or issued by any federal, -5- state, county, local, or other governmental agency or entity provided, however, that such contest or- proceeding shall be without cost to CITY, and LICENSEE shall protect such Premises and CITY from LICENSEE'S failure to observe or comply during the contest with the contested law, ordinance, statute, or regulation; and ( d) Indemnify and hold CITY and the property of CITY, including such Premises, free and harmless from any and all liability, loss, damages, fines, penalties, claims, and actions resulting from LICENSEE'S failure to comply with and perform the requirements of this section. ARTICLE 8. INDEMNITY AND INSURANCE Indemnity Agreement Section 8.01. LICENSEE, as a material part of the consideration to be rendered to CITY under this Agreement, waives all claims against CITY for damages to all Facilities and personal property in, on, or about the Premises, and for injuries to persons in or about the Premises, from any cause arising at any time. CITY shall not be liable to LICENSEE for any damage by or from any act or negligence of any other occupant of the Premises or any occupant of adjoining or contiguous property. Further, LICENSEE shall indemnify, hold harmless and defend the CITY and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage) incurred by the CITY, the LICENSEE 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 (i) LICENSEE'S use of the Premises, (ii) LICENSEE'S failure to keep the Premises and surrounding areas clean and in good condition, or (iii) performance of this Agreement. The LICENSEE'S obligations under the preceding sentence shall apply regardless of whether the CITY or any of its officers, officials, employees, agents or volunteers are actively or passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused solely by the active negligence or by the willful misconduct of the CITY or any of its officers, officials, employees, agents or volunteers. If the LICENSEE should subcontract all or any portion of the work performed under this Agreement, the LICENSEE shall require each subcontractor to indemnify, hold harmless and defend the CITY, its officers, officials, employees and agents in accordance with the terms of this preceding paragraph . This section shall survive expiration or termination of this Agreement. Liability Insurance Section 8.02 . Throughout the life of this Agreement, LICENSEE shall pay for and maintain in full force and effect with an insurance company(s) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than "A-NII" in Bests Insurance Rating Guide, or (ii) authorized by the CITY'S Risk Manager, the following policies of insurance: (a) COMMERCIAL GENERAL LIABILITY insurance which shall include contractual, products and completed operations coverages, bodily injury and property damage liability insurance with combined single limits of not less than $1,000,000 per occurrence. -6- (b) COMMERCIAL AUTOMOBILE LIABILITY insurance endorsed for "any auto" with combined single limits ofliability of not less than $1,000,000 per occurrence. (c) WORKERS' COMPENSATION insurance as required under the California Labor Code. The above described policies of insurance shall be endorsed to provide an unrestricted thirty (30) day written notice in favor of the CITY, of policy cancellation, change or reduction of coverage, except for change or reduction of coverage. Upon issuance by the insurer, broker, or agent of a notice of cancel1ation, change or reduction in coverage, except for the Workers' Compensation policy which shall provide a ten (10) day written notice of such cancellation, change or reduction in coverage, the LICENSEE shall file with CITY a certified copy of the new or renewal policy and certificates for such policy . The General Liability and Automobile Liability insurance policies shall be written on an occurrence form and shall name the City of Fresno, its officers, officials, agents, and employees as an additional insured. Such policy(s) of insurance shall be endorsed so the LICENSEE'S insurance shall be primary and no contribution shall be required by the CITY. The LICENSEE shall furnish the CITY with the certificate(s) and applicable endorsements by ALL required insurance prior to the Commencement Date. If at any time during the life of this Agreement, the LICENSEE fails to maintain the required insurance in full force and effect, all work under this Agreement shall be discontinued immediately until notice is received by CITY that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to CITY. Any failure to maintain the required insurance shall be sufficient cause for CITY to terminate this Agreement. If the LICENSEE should subcontract all or any portion of the work to be performed under this Agreement, the LICENSEE shall require each subcontractor to provide insurance protection in favor of the CITY, its officers, officials, employees and agents in accordance with the terms of each of the preceding paragraphs, except that the subcontractors' certificates and endorsements shall be on file with the LICENSEE and CITY prior to the commencement of any work by the subcontractor. ARTICLE 9. ASSIGNMENT No Assignment Without CITY'S Consent Section 9 .01. This License Agreement is personal to the LICENSEE and shall not be assigned without the express written consent of CITY first had and obtained. Consent by the CITY shall not be unreasonably withheld. A consent by CITY to one assignment shall not be deemed to be a consent to any subsequent assignment of this Agreement by LICENSEE. Any attempt to assign the License without the prior written consent of the CITY, shall automatically terminate it. No legal title or leasehold interest in the Property is created or vested in LICENSEE by the grant of this License. -7- ARTICLE 10. TERMINATION AND BREACH Termination . Section 10.01 The parties understand and agree that this Agreement is terminable as specifically provided within this License Agreement. Breach by LICENSEE Section 10.02 Upon the occurrence of any one or more of the events of default described in Section 10.03 of this Agreement, this Agreement shall be subject to termination. As a condition precedent thereto, CITY shall give LICENSEE ten (10) days written notice of the date set for termination and the grounds therefor. Events of Default Section 10. 03 The occurrence of any of the following events shall constitute a material default and breach of this License by LICENSEE: (a) The abandonment, vacation or discontinuance ofLICENSEE'S use of such Premises as authorized by this License for more than thirty (30) consecutive days after written notice to LICENSEE from the CITY for correction thereof. (b) The failure of LICENSEE to operate in the manner required by this License, where such failure continues for more than five (5) days after written notice to LICENSEE from the CITY for correction thereof, provided that where fulfillment of such obligation requires activity over a period of time and LICENSEE shall have immediately, following receipt of such notice, commenced to perform whatever reasonably may be required to cure the particular default and continues such performance diligently, such time limit may be waived in the manner and to the extent allowed by the CITY. Such waiver by CITY shall not be unreasonably withheld. (c) The failure of LICENSEE to maintain its property on such Premises as required by this License, where such failure continued for more than five (5) days after written notice to LICENSEE from the CITY for correction thereof, provided that where fulfillment of such obligation requires activity over a period of time and LICENSEE shall have immediately, following receipt of such notice, commenced to perform whatever reasonably may be required to cure the particular default and continues such performance diligently, such time limit may be waived in the manner and to the extent allowed by the CITY. Such waiver by CITY shall not be unreasonably withheld. (d) The failure of LICENSEE to keep, perform and observe all other promises, covenants, conditions and terms set forth in this Agreement, when such failure continues for more than ten (10) days after written notice to LICENSEE from the CITY for correction thereof, provided that where fulfillment of such obligation required activity over a period of time and LICENSEE shall have commenced to perform whatever reasonably may be required to cure the particular default within ten (10) days after such notice and -8- continues such performance diligently, such time limit may be waived in the manner and to the extent allowed by the CITY. Such waiver shall not be unreasonably withheld. ( e) The occurrence of any of the following: (1) LICENSEE'S becoming insolvent, or the making by LICENSEE of any general arrangement or any assignment for the benefit of creditors and LICENSEE fails to cure such default within ten (10) days after written notice to LICENSEE from CITY to correct such default (failure of CITY to provide such notice to correct the default does not constitute waiver of or consent to the condition of default by the CITY); (2) The filing by or against LICENSEE of a petition to have LICENSEE adjudged a Bankrupt or a petition or reorganization or arrangement under any law relating to bankruptcy [UNLESS, in the case of a petition filed against LICENSEE, the same is dismissed within sixty ( 60) days]; (3) The appointment of a receiver to take possession of substantially all of LICENSEE'S assets located in or on such Premises or of LICENSEE'S interest in this Agreement, where possession is not restored to LICENSEE within thirty (30) days; or ( 4) The attachment, execution or other judicial seizure of substantially all of LICENSEE'S assets located in or on such Premises or of LICENSEE'S interest in the Agreement, where such seizure is not discharged within sixty (60) days. (f) The inability of and/or failure by LICENSEE to obtain, pay for, and maintain in full force and effect at all times during the life of this Agreement, without any lapse in coverage, such insurance as is required by LICENSEE thereunder. (g) The failure by LICENSEE to make any payment oflicense fees or any other required payment within thirty (30) days of when due under this Agreement when such failure continues for more than ten (10) days after written notice to LICENSEE from the CITY for correction thereof Recovery by CITY Section 10.04. In addition to that provided in Sections 10.02 and 10.05 of this License, CITY may recover from LICENSEE: (a) Any and all unpaid license fees owing as of the date LICENSEE surrenders the Premises; (b) Any other amount necessary to compensate CITY for all detriment proximately caused by LICENSEE'S failure to perform its obligations under this License. Cumulative Remedies Section 10.05. The remedies given to CITY in this Article shall not be exclusive, but shall be cumulative with and in addition to all remedies now or hereafter allowed by law and elsewhere provided in this Agreement. -9- Waiver of Breach Section 10.06. The waiver by CITY or LICENSEE of any breach by the other party of any of the provisions of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach by such party either of the same or a different provision in this Agreement. Surrender of Premises Section 10.07. On expiration or sooner termination of this Agreement, LICENSEE shall surrender such Premises to CITY free from any and all liens and in good, safe, clean, and operable condition, reasonable wear and tear excepted . LICENSEE shall remove at LICENSEE'S sole cost and expense, all of LICENSEE'S facilities , equipment and personal property from such Premises. ARTICLE 11. MISCELLANEOUS Force Majeure -Delays Section 11.01 . Except as otherwise expressly provided in this Agreement, should the performance of any act required by this Agreement to be performed by either CITY or LICENSEE be prevented or delayed by reason of any act of God, strike, lockout, labor trouble, inability to secure materials, restrictive governmental laws or regulations, or any other unforeseeable cause except financial inability not the fault of the party required to perform the act, the time for performance of the act will be extended for a period equivalent to the period of delay and performance of the act during the period of delay will be excused provided, however, that nothing contained in this section shall excuse the prompt payment oflicense fees by LICENSEE as required by this Agreement or the performance of any act rendered difficult or impossible solely because of the financial condition of the party, CITY or LICENSEE, required to perform the act . Attorney's Fees Section 11. 02. If either party is required to commence any proceeding or legal action to enforce any term, covenant or condition of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorney's fees and legal expenses. Notices Section 11.03. Any Notice required or intended to be given to either party under the terms of this Agreement shall be in writing and shall be deemed to be duly given if delivered personally or deposited into the United States mail, with postage prepaid, addressed to the party to which notice is to be given at the party's address set forth on the signature page of this Agreement or at such other address as the parties may from time to time designate by written notice. Governing Law Section 11 .04. This Agreement, and all matters relating to this Agreement, shall be governed by the laws of the State of California in force at the time any need for interpretation of this License or any decision or holding concerning this Agreement arises. Venue shall be in Fresno County, California. -10- Binding on Successors Section 11. 0 5. This Agreement shall be binding on and shall inure to the benefit of the successors and assigns of the parties hereto, but nothing in this section shall be construed as a consent by CITY to any assignment of this Agreement or any interest therein by LICENSEE except as provided in Article 9 of this Agreement. Partial Invalidity Section 11.06. Should any provision of this Agreement be held by a court of competent jurisdiction to be either invalid, void, or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect unimpaired by the holding. Time of Essence Section 11.07. Time is expressly declared to be the essence of this Agreement. Headings Section 11.08. The section headings in this Agreement are for convenience and reference only and shall not be construed or held in any way to explain, modify or add to the interpretation or meaning of the provisions of this Agreement. Interpretation Section 11. 09. The parties acknowledge that this Agreement in its final form is the result of the combined efforts of the parties and that, should any provision of this Agreement be found to be ambiguous in any way, such ambiguity shall not be resolved by construing this Agreement in favor or against any party, but rather by construing the terms in accordance with their generally accepted meaning. Sole and Only Agreement Section 11.10. This Agreement represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be modified only by written instrument duly authorized and executed by both the CITY and the LICENSEE. II II II II II II II II II -11- IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno, California, the day and year first above written. CITY: CITY OF FRESNO A municipal corpor ation "~/, B / Lr -c, -,e_--<..._ ...... y _. .· "-....,./'-..fv ,_ -._, V ATTEST: HILDA CANTU MONTOY City At~~ By ~43/u d c/(/J · !eputy / ADDRESSES: City of Fresno Parks, Recreation & Community Services Department 2326 Fresno Street, Room 101 Fresno, CA 93721-1824 (559) 498-1145 AT&T-agt031CXXl -12- LICENSEE: AT&T WIRELESS SERVICES OF CALIFORNIA, INC. dba AT&T Wireless Services By U-J.ft olit (Attach Certificate of Acknowledgment) AT&T Wireless Services of California, Inc . dba AT&T Wireless Services ATTN: System Development Manager 2729 Prospect Park Road Rancho Cordova, CA 95670 (916) 857-6401 CORPORATE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF FRESNO The foregoing License Agreement was acknowledged before me this c:9'16 day of March, 2000, by Roland Kolb, in his capacity as Project Manager of AT&T Wireless Services of California, Inc., d.b.a. AT&T Wireless Services, a Delaware corporation, on behalf of said corporation, who is personally known to and acknowledged that he is named in the attached instrument, that he was authorized to execute this instrument on behalf of said Corporation, and that he executed the instrument as the act of said Corporation. Witness my hand and official seal. r! ---... --- B\:i·····:·· ·1 ~ ~--- ...... -... --------- .,..,.t\K H,tt ----.UNl'IO:> v:> 'OHSUI lllV4 OIVMOOOM 1 '01 .lNYIU 'N Sll£ i~ lllV4 OIVMOOOM !(~ -== m £ i ~ ~ f " ; ' [ • -------------~--·=========---:_-_-_-_:-_-_-_-_-_:-_-_-_-_-_-_ .' __ ... ~I ~l 0 :s 1() ~ ! . ~ ~ RLS: A21-0804 FILE ID: 21-22721 REPORT TO THE CITY COUNCIL DATE: June 17, 2021 FROM:THOMAS ESQUEDA, City Manager Office of Mayor & City Manager BY:COURTNEY ESPINOZA, Business Manager Office of Mayor & City Manager SUBJECT: Actions pertaining to CARES Act contracts for testing and tracing: 1. Approve Third Amendment to Agreement with Fresno Building Healthy Communities extending the agreement to December 30, 2021 (no cost extension) 2. Approve Third Amendment to Agreement with Fresno Economic Opportunities Commission extending the agreement to December 30, 2021. (no cost extension) RECOMMENDATION: Staff recommends the City Council to approve the no-cost extension amendments for Fresno Building Healthy Communities and Fresno Economic Opportunities Commission for prevention education, contact tracing and quarantine support. The proposed action will provide additional time to expend the funding and provide these needed program services. EXECUTIVE SUMMARY: The City Manager is seeking approval to amend the existing the Grant Agreements with Fresno Building Healthy Communities (BHC) and Fresno Economic Opportunities Commission (EOC), extending their contracts until December 31, 2021. This extension will allow these organizations to fully expend their funding from the City of Fresno for prevention education, contact tracing and quarantine support. BACKGROUND: The CARES Act (42 U.S.C. Section 801(d)) requires eligible reimbursement expenditures (1) are necessary due to the COVID-19 public health crisis; (2) are not accounted for in the City’s budget as of March 27, 2020; and (3) be expended between March 1, 2020 and now extended to December 30, 2021. The Department of the Treasury understands the term ‘necessary’ broadly to mean the expenditure is reasonably necessary for its intended use in the reasonable judgment of the government officials responsible for spending Fund payments. (US Dept. of Treasury, Coronavirus 5 9 0 Relief Fund Guidance (April 30, 2020) p.1.) Expenditures must be used for actions taken to respond to the public health emergency. These may include expenditures incurred to allow the government to respond directly to the emergency, such as by addressing medical or public health needs, as well as expenditures incurred to respond to second-order effects of the emergency, such as by providing economic support to those suffering from employment or business interruptions due to COVID-19 related business closures. (US Dept. of Treasury, Coronavirus Relief Fund Guidance (April 30, 2020) p. 1.) On August 17, 2020, Council approved agreements with BHC, EOC for contact tracing, prevention education and quarantine support. These programs proposed an Immigrant Refugee Coalition and an Equity Project, focused on reaching vulnerable and underserved populations in the City. The programs focus on prevention education to target audiences, providing culturally specific prevention materials targeted to include the cultural, linguistic and literary needs of residents. Programs also provide outreach, promotion, and support for testing events, including targeting specialized populations such as uninsured and essential workers. Funds also are used for contact tracing and case management, as well as quarantine support by assessing needs of COVID-positive community members and their families, and developing a process for referrals to complementary resources and services. Council has also approved to extend these agreements initially until June 30, 2021, however it has been determined that in order to fully expend all of the contract funding and allow the program to help City of Fresno residents through the end of the year, we are seeking a no-cost extension through December 30, 2021. ENVIRONMENTAL FINDINGS: This approval is not a project for the purposes of CEQA Guidelines Section 15378 LOCAL PREFERENCE: Local preference was not implemented because this item is an amendment to an existing contract. FISCAL IMPACT: This item will not further impact the General Fund as these are no-cost grant agreement extensions. ATTACHMENTS: 3rd Amendment to Agreement for Fresno Building Healthy Communities 3rd Amendment to Agreement for Fresno Economic Opportunities Commission 1 THIRD AMENDMENT TO GRANT AGREEMENT BETWEEN THE CITY OF FRESNO AND FRESNO BUILDING HEALTHY COMMUNITIES REGARDING COVID-19 TESTING, TRACING, AND QUARANTINE SUPPORT THIS THIRD AMENDMENT TO GRANT AGREEMENT is effective as of this _____ day of June, 2021, and amends the Grant Agreement between the CITY OF FRESNO, a municipal corporation (CITY), and FRESNO BUILDING HEALTHY COMMUNITIES (GRANTEE). RECITALS A. CITY and GRANTEE entered into the Grant Agreement effective August 28, 2020, First Amendment effective November 19, 2020, and Second Amendment effective February 8, 2021 (collectively, the Agreement), related to COVID-19 testing, tracing, and quarantine support. B. CITY and GRANTEE now desire to modify the Agreement by extending the timeline for performance as set forth below. AGREEMENT NOW, THEREFORE, in consideration of the above recitals, which recitals are contractual in nature, the mutual promises herein contained, and for other good and valuable consideration hereby acknowledged, the parties agree that the Agreement be amended as follows: 1. Term. The term of the Agreement shall be extended through December 31, 2021. 2. Compensation. As of the date of this Third Amendment, GRANTEE has been paid in full for all services to be provided pursuant to the Agreement and this Third Amendment, and GRANTEE shall be entitled to no additional compensation. 3. Effect of Amendment. Except as expressly modified by this Third Amendment, the Agreement is hereby reaffirmed and ratified. In the event of any conflict between the Agreement and this Third Amendment, this Third Amendment shall control. [Signatures follow on the next page.] DocuSign Envelope ID: 75E2FFC4-BBC9-4DEA-B892-35BF29B12D2F 2 IN WITNESS WHEREOF, the parties have executed this Third Amendment on the date set forth above. CITY OF FRESNO, a California municipal corporation By: Thomas C. Esqueda City Manager APPROVED AS TO FORM: DOUGLAS T. SLOAN City Attorney By: Taylor W. Rhoan Date Deputy City Attorney ATTEST: YVONNE SPENCE, CRM MMC City Clerk By: Deputy FRESNO BUILDING HEALTHY COMMUNITIES, a California nonprofit 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: 75E2FFC4-BBC9-4DEA-B892-35BF29B12D2F Sandra Celedon President and Chief Executive Officer Leonardo Gonzalez Treasurer 6/9/2021 1 THIRD AMENDMENT TO GRANT AGREEMENT BETWEEN THE CITY OF FRESNO AND FRESNO ECONOMIC OPPORTUNITIES COMMISSION REGARDING COVID-19 TESTING, TRACING, AND QUARANTINE SUPPORT THIS THIRD AMENDMENT TO GRANT AGREEMENT is effective as of this _____ day of June, 2021, and amends the Grant Agreement between the CITY OF FRESNO, a municipal corporation (CITY), and FRESNO ECONOMIC OPPORTUNITIES COMMISSION (GRANTEE). RECITALS A. CITY and GRANTEE entered into the Grant Agreement effective September 16, 2020, First Amendment effective November 19, 2020, and Second Amendment effective February 9, 2021 (collectively, the Agreement), related to COVID-19 testing, tracing, and quarantine support. B. CITY and GRANTEE now desire to modify the Agreement by extending the timeline for performance as set forth below. AGREEMENT NOW, THEREFORE, in consideration of the above recitals, which recitals are contractual in nature, the mutual promises herein contained, and for other good and valuable consideration hereby acknowledged, the parties agree that the Agreement be amended as follows: 1. Term. The term of the Agreement shall be extended through December 31, 2021. 2. Compensation. As of the date of this Third Amendment, GRANTEE has been paid in full for all services to be provided pursuant to the Agreement and this Third Amendment, and GRANTEE shall be entitled to no additional compensation. 3. Effect of Amendment. Except as expressly modified by this Third Amendment, the Agreement is hereby reaffirmed and ratified. In the event of any conflict between the Agreement and this Third Amendment, this Third Amendment shall control. [Signatures follow on the next page.]            2 IN WITNESS WHEREOF, the parties have executed this Third Amendment on the date set forth above. CITY OF FRESNO, a California municipal corporation By: Thomas C. Esqueda City Manager APPROVED AS TO FORM: DOUGLAS T. SLOAN City Attorney By: Taylor W. Rhoan Date Deputy City Attorney ATTEST: YVONNE SPENCE, CRM MMC City Clerk By: Deputy FRESNO ECONOMIC OPPORTUNITIES COMMISSION, a California nonprofit 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)                     RLS: A21-0801 FILE ID: 21-22725 REPORT TO THE CITY COUNCIL DATE: June 17, 2021 FROM:Mike Karbassi, Councilmember District 2, City Council THOMAS ESQUEDA, City Manager Office of Mayor & City Manager BY:LUPE PEREZ, Economic Development Coordinator Office of Mayor & City Manager SUBJECT: Approve and authorize the Workforce Innovation and Opportunity Act (WIOA) Four (4) Year Local Plan for Program Years 2021-2024. RECOMMENDATION: Staff recommends Council approve and authorize the Mayor to execute the Fresno Regional Workforce Development Board’s Workforce Innovation and Opportunity Act (WIOA) Four (4) Year Local Plan for Program Years 2021-2024. EXECUTIVE SUMMARY: The California Workforce Development Board’s (CWDB’s) Strategic Workforce Development Plan for California has a broad vision and outlines ambitious goals for how the public workforce system can work with its partners to shape and support economic prosperity across the state and its regions. Under WIOA, the state has established 14 Regional Planning Units (RPUs) within the State of California that align workforce development activities and resources within the context of a larger regional economy and to develop and deploy available resources to provide coordinated and efficient services to job seekers and employers. Each RPU is required to develop a regional strategic plan. The FRWDB is one (1) of eight (8) Workforce Development Boards in the designated San Joaquin Valley and Associated Counties RPU. The other local boards include Kern-Inyo-Mono, Kings, Madera, Merced, San Joaquin, Stanislaus, and Tulare. The Function of the Local Plans: Under the State Plan, the primary purpose of local workforce plans and partnerships is to facilitate access to workforce services at the local level. While WIOA Section 106 Regional Plans and 5 9 3 partnerships are specifically focused on construction of a regional training and education architecture that aligns with regional labor markets, the Local Plan will address how individuals will access and experience this regional workforce architecture primarily through local service delivery efforts, principally those of WIOA partners operating in the America’s Job Centers of California system, formally known as “One-Stop Centers”, but potentially through other partners of the workforce system as well. In this regard, it is typically at the local level where services will be integrated, resources braided, and supportive services provided to individuals being served by partners. In order to complete all aspects of the requirements of the Plans, the Directive mandates that each local board release the draft Plan for a 30-day public comment period and hold public meetings for stakeholders to ensure opportunities to participate in, and provide feedback on, the Local and Regional Plans as part of the initial development of the Plans. The stakeholder meetings were held during December 2020, and January and February 2021. The draft plan was released for a 30- day public comment period on March 17, 2021, with comments due by April 15, 2021. There were no comments in disagreement with the draft plans received during the public comment period, and there were no comments received that resulted in significant changes to the initial draft Plans. As outlined in the directive, the final Plans were required to be submitted to the state board no later than April 30, 2021. The directive allowed for the final plans to be submitted pending approval and final signatures. In order to meet the submission deadline, the draft Plans were sent to the CWDB pending final approvals from the FRWDB, the Fresno County Board of Supervisors, and the City of Fresno. The plan was presented to the FRWDB on June 2, 2021, for approval. Upon approval of this item, the final Plans with all required signatures will be submitted to the state by June 30, 2021. BACKGROUND: Final rules for WIOA were released jointly by the Department of Labor and Department of Education in late June 2016. Subsequently, on January 29, the state released the final directive on Regional and Local Planning Guidance for 2021-2024 (WSD 20-05). This directive provides guidance and establishes the procedures regarding the preparation of both regional and local plans required by the WIOA. WIOA Public Law Sections 106 and 107 and California Unemployment Insurance Code Sections 14221 – 14222 require that local boards submit a comprehensive four (4)-year regional and local plan (plan) to the California Workforce Development Board (CWDB). ENVIRONMENTAL FINDINGS: This approval is not a project for the purposes of CEQA Guidelines Section 15378 LOCAL PREFERENCE: Local preference was not implemented because this item does not include an award of a service or construction contract. FISCAL IMPACT: 5 9 3 NA ATTACHMENTS: Local Plan for Approval Regional Plan Fresno Regional Workforce Development Board Local Plan Program Years 2021 – 2024 Contact: Blake Konczal, Executive Director Phone: (559) 490-7102 E-Mail bkonczal@workforce-connection.com Fresno Regional WDB Local Plan – PY 2021-24 2 TABLE OF CONTENTS PAGE I. INTRODUCTION AND OVERVIEW 4-6 II. WIOA CORE AND REQUIRED PARTNER COORDINATION A. Coordination with AJCC Partners and WIOA Memoranda of Understanding 7 B. Partners’ Efforts to Collaborate on Co-Enrollment and Case Management 11 C. One-Stop System’s Use of Technology and Other Remote Strategies 12 D. Coordination of Workforce Activities and Support Services 13 E. Physical and Programmatic Accessibility for Individuals with Disabilities 15 III. STATE STRATEGIC PARTNER COORINDATION A. Coordination with County Human Services Agency and Other Local Partners That Serve Individuals Accessing CalFresh Employment and Training Services 17 B. Coordination with Local Child Support Agency and Other Local Partners Serving Individuals That Are Non-Custodial Parents 17 C. Coordination with Local Partnership Agreement Partners Established in Alignment with the Competitive Integrated Employment Blueprint and Other Local Partners That Serve Individuals with Developmental and Intellectual Disabilities 18 D. Coordination with Community-Based Organizations and Other Local Partners That Serve Individuals Who Are English Language Learners, Foreign Born, and/or Refugees 19 IV. WIOA TITLE I COORDINATION A. Staff Training and Professional Development to Increase Digital Technology Skills 21 B. Frontline Staff Training and Professional Development to Increase Cultural Competency and Effectiveness in Working with Individuals and Groups that Have Been Exposed to Trauma 22 C. Coordination of Rapid Response and Layoff Aversion Activities 23 D. Services and Activities Available under WIOA Title I Adult and Dislocated Worker Programs 26 E. Services and Activities Available under WIOA Title I Youth Program 29 F. Entity Responsible for Disbursal of Grant Funds and the Competitive Process Used to Award Contracts for WIOA Title I Activities 32 G. How the Local Board Fulfills the Duties of the AJCC Operator and/or the Career Services Provider or Selection of AJCC Operators and Career Services Providers 32 Fresno Regional WDB Local Plan – PY 2021-24 3 V. CONSIDERATIONS FOR PROGRAM YEARS 2021 - 24 34 VI. APPENDICES A. Stakeholder and Community Engagement Summary (Attachment 1) 37 B. Public comments received that disagree with the Local Plan (Attachment 2) 38 C. Signature Page (Attachment 3) 39 Fresno Regional WDB Local Plan – PY 2021-24 4 I. INTRODUCTION In accordance with the requirements of the Workforce Innovation and Opportunity Act (WIOA) of 2014 and guidance published by California Workforce Development Board and Employment Development Department, the Fresno Regional Workforce Development Board (FRWDB) has developed a four (4)-year Local Plan covering program years (PYs) 2021-2024. Upon approval by state officials representing the Governor, the plan will be effective from July 1, 2021, through June 30, 2025. This plan replaces the FRWDB’s PY 2017-2020 Local Plan and its 2019 modification. While this plan carries forward some of the strategies that have made local services effective and programs successful, it expresses the intention of FRWDB to examine and embrace opportunities for improvement over the life of the plan. FRWDB is a Joint Powers Authority between the City of Fresno and the County of Fresno and serves all communities with the county’s boundaries. Pursuant to th is partnership, a non-profit organization, the Fresno Area Workforce Investment Corporation (FAWIC) has been established and functions as the administrator for workforce programs with in the local workforce development area. The local America’s Job Centers of California (AJCCs) operate under the “Workforce Connection” Brand in Fresno County. Throughout this plan, for ease of review, the entity responsible for workforce program administration, oversight, and service delivery is generally referred as FRWDB. The Local Board’s Vision for the PY 21-24 Local Plan The FRWDB has developed the following mission and vision statements to guide its work: Mission: The Fresno Regional Workforce Development system is a Joint Powers Authority between the City and County of Fresno, in partnership with both the public and private sectors and exists, primarily, to assist local businesses in meeting their human capital needs. In this, we both (1) screen and train prospective new employees and (2) assist in upskilling existing employees. By offering such quality referral and t raining services, directly linked to local industry needs, we are of greatest benefit to our unemployed and underemployed clients. Vision: To fully engage all available public and private resources to ensure that the Fresno Regional Workforce Development system is the premier source for the human capital needs of growth industry clusters within Fresno County. To integrate education and workforce preparation to assist the best companies in Fresno County to remain and thrive in our local community, achieving sustainable economic growth. To concurrently assist our unemployed and underemployed residents to achieve a higher quality of life by access to such careers in growth industry sectors. During the planning process, members of the FRWDB participated in a discussions regarding the direction of the local workforce system over the next four (4) years. As a results of these discussions, the following priorities have been identified: Fresno Regional WDB Local Plan – PY 2021-24 5 • Commit to a career pathways focus. This has, ostensibly, been a priority for the workforce system for nearly a decade. Still, on a practical level, the focus remains on jobs. The jobs focus can be blended into a larger strategy that identifies a career pat h for every job seeker. • Expand our approach to service delivery to include considerations of an “emotional quotient” or fit between what matters to people and the jobs that they do. This is likely an undervalued component in the workforce system’s career planning process and a shift in this direction could yield better outcomes for local programs, particularly in terms of job retention and career progression. • Ensure that every job seeker has the foundational skills to succeed in the world of work. These include strong communication, math, digital and “soft skills.” Critical thinking, problem solving and adaptability are key to every worker’s success on the job. • Create and implement more programs that contextualize instruction of basic skills into vocational programs. This includes programs where English as a second language and basic education skills are embedded into job-specific skills training. • Recognizing the many needs, preferences, barriers, and goals of individuals seeking assistance from local workforce development programs, expand partnerships to create greater access to a broad range of services and support for customers. Such partnerships may include, for example, relationships with mental health agencies, immigrant and refugee assistance programs, and K-12 education agencies. • Focus on assisting workers to develop greater “career agility” by teaching skills (e.g., digital technology, process management, accounting) that cut across jobs and industries. Section V of this plan summarizes these and other issues, strategies, approaches and key considerations that FRWDB and the system partners will examine over the course of this plan. Developing the WDB’s PY 2021-2024 Four-Year Plan Development of the Local Plan was the result of FRWDB’s significant engagement with organizations and individuals throughout Fresno County who guide, contribute to, and benefit from workforce system services. A series of community and stakeholders forums were held, as were several “agency-to-agency” discussions with local partners. These are summarized in Appendix 1 to this Plan. Developing the plan also involved a process of reviewing and evaluating existing partnerships, services, and systems and identifying areas that can be strengthened. FRWDB’s executive leadership led the planning process on behalf of the local board. Completing the plan took nearly approximately six (6) months, after which it was made available for public review and comment, prior to being forwarded to the California Workforce Development Board for review. Fresno Regional WDB Local Plan – PY 2021-24 6 Impact of COVID-19 on the PY 2021-2024 Plan Every aspect of developing the PY 2021-2024 FRWDB Local Plan was influenced by the onset on COVID-19, the ensuing public health crisis, and the myriad effects of the pandemic on businesses, schools, government operations, and the local workforce development delivery system. While the stakeholders met, discussions were held, priorities were identified, and a new four (4)-year plan was developed, the influence of the pandemic on the planning process is undeniable, as its shaped stakeholders’ views about the economy, the workforce, training and, virtually every aspect of the workforce system. While the content of this plan frequently references the pandemic, most descriptions of activities and services, are described in a “non-pandemic” context. FRWDB leaders recognize that effects of COVID-19 will likely shape our work over the next several years, particularly during the first half of the period covered by this plan. It is important to note that the FRWDB Local Plan is part of the PY 2021 -2024 Regional Plan developed by the San Joaquin Valley and Associated Counties Regional Planning Unit. The Regional Plan directly addresses core issues pertaining to the role of local boards and local workforce systems in economic and workforce recovery. Fresno Regional WDB Local Plan – PY 2021-24 7 II. WIOA CORE AND REQUIRED PARTNER COORDINATION The Workforce Innovation and Opportunity Act includes requirements for Local Boards to establish a framework for collaboration among state and local programs that are financially supported by nineteen distinct federal fund sources. Six (6) of these programs constitute the four (4) “core partners:” the WIOA Title I Adult, Dislocated Worker and Youth Programs; the WIOA Title II Adult Education and Family Literacy Act Program; the WIOA Title III Wagner-Peyser Act Program; and the WIOA Title IV State Vocational Rehabilitation Services Program. The core partners, together with thirteen other federally supported programs, make-up the WIOA-mandated One-Stop partners. The FRWDB has entered into a Memorandum of Understanding (MOU) with the organizations managing each federal program at the local level. The narrative that follows describes coordination with the WIOA core and other required program partners as prescribed by the WIOA. Coordination with AJCC Partners and WIOA Memoranda of Understanding Throughout the last 40 years, FRWDB has built strong and effective relationships with state and local agencies that represent the One-Stop partner programs. Over the next four (4) years, FRWDB looks forward to further enhancing coordination with each of th e workforce system partners. Overview of Local One-Stop System Partners Following is a summary of the local/regional organizations representing the 19 federal One-Stop partner programs, with which the FRW DB has developed MOUs. Federal Partner Programs MOU Partner Title I Adult Title I Dislocated Worker Title I Youth Fresno Regional Workforce Development Board Title II Adult Education and Literacy State Center Adult Education Consortium West Hills Adult Education Consortium Title III Wagner-Peyser Unemployment Insurance (UI) Employment Development Department (EDD) Title IV Vocational Rehabilitation California Department of Rehabilitation (DOR) Carl Perkins Career Technical Education State Center Community College District West Hills Community College District Title V Senior Community Service Employment Program (SCSEP) Senior Service America, Inc. SER – Jobs For Progress Job Corps Career Systems Development Corporation Native American Programs (WIOA Section 166) California Indian Manpower, Inc. Migrant and Seasonal Farmworkers (WIOA Section 167) Proteus, Inc. Jobs for Veterans State Grants Employment Development Department (EDD) Youth Build Fresno Economic Opportunities Commission Trade Adjustment Assistance (TAA) Employment Development Department (EDD) Community Services Block Grant Fresno Economic Opportunities Commission Fresno Regional WDB Local Plan – PY 2021-24 8 Housing and Urban Development E&T Not applicable. Fresno Housing Authority does not? receive funds for an Employment and Training Program Unemployment Insurance (UI) Employment Development Department (EDD) Second Chance Act Grantee Not applicable. There is no Second Chance Act program in Fresno County. Temporary Assistance for Needy Families (TANF)/CalWORKs Fresno County Department of Social Services Memoranda of Understanding with System Partners Other general roles and responsibilities of each partner listed above are: • Continuous partnership building between all parties as outlined in the MOU; • Continuous partnership building and planning responsive to State requirements; • Continuous partnership between State and local representatives engaged in WIOA activities and related workforce preparation and development; • Responsiveness to specific local and economic conditions, including employer needs; • Adherence to strategic planning principles adopted by the WIOA for long range planning, including the requirement for continuous improvement; • Adherence to common data collection and reporting, including needs for modification or change; • Diligence in developing coordinated local leadership in workforce development ; • Responsiveness to participant/customer needs; • Maintenance of system infrastructure; • Shared technology and information; • Performance management to measure the success of the local One-Stop System overall and to enhance performance in a spirit of quality management and continuous improvement; and • Identification of each partner’s appropriate contribution to meeting the performance standards negotiated between the State of California and WDB. The MOU also indicates that infrastructure costs shall be allocated as follows: • EDD, DOR and DSS contribute financially to the infrastructure cost s as outlined in the Resource Sharing Agreement, allocated by square footage and communication costs for each Partner. • Communication Costs: Each partner shall be allocated the communication costs at the site based upon the percentage of the number of square feet at the site partner commits to use relative to the total space of the site. • In addition, partners contribute through the provision of in -kind services, such as assisting with the AJCC’s Self-Reliance Team, assisting individuals in the resource room, and providing receptionist staff. Coordination with AJCC Partner Programs Fresno Regional WDB Local Plan – PY 2021-24 9 The following information summarizes the ways in which FRWDB and the local workforce system collaborate with organizations managing the federally mandated One-Stop partner programs. WIOA Title I – Adult, Dislocated Worker and Youth Programs: The three (3) formula- funded programs are administered by FRWDB. Services are delivered at one comprehensive and four (4) affiliate America’s Job Centers of California (AJCCs). WIOA Title II – Adult Education and Literacy: The State Center Adult Education Consortium, which serves Fresno and Madera counties and border communities in Kings and Tulare counties, and the West Hills Regional Consortium provide WIOA Title II adult education and literacy providers in the local areas. Referrals are regularly made between the Title I and Title II programs and many participants are co-enrolled. When the California Department of Education requests applications for Adult Education Title II Education and Literacy Activities, FRWDB staff reviews applications to determine how they complement the Local Workforce Development Plan. WIOA Title III – Wagner-Peyser: Wagner-Peyser staff are co-located in the Workforce Connection AJJC Centers in Fresno and Mendota. AJCC staff attends EDD Reemployment and Eligibility Assessment orientations to provide information on available WIOA services. In addition, FRWDB and AJCC staff work with EDD to coordinate marketing and outreach to Unemployment Insurance claimants, ensuring full access to all available WIOA services. EDD and FRWDB also collaborate on Rapid Response orientations for laid off workers. WIOA Title IV – Vocational Rehabilitation: WIOA Title IV staff is co-located at the Workforce Connection Centers. WIOA and DOR staff are cross-trained in the eligibility requirements for each partner’s services in order to ensure appropriate referrals. Regular meetings are held to discuss and enhance the referral process and co-enrollments. DOR staff is available to provide technical assistance and training to AJCC and partner staff in the areas of disability awareness and the use of competitive integrated employment. Carl Perkins Career Technical Education: The Carl D. Perkins Career and Technical Education Act of 2006 (Perkins IV) is a principal source of federal funding to states and discretionary grantees for the improvement of secondary and postsecondary career and technical education programs across the nation. The purpose of the Act is to develop more fully the academic, career, and technical skills of secondary and postsecondary students who elect to enroll in career and technical education programs. The community colleges, which as the primary recipients of Perkins funding in Fresno County, regularly make referrals to and receive referrals from staff of the AJCCs. Title V Older Americans Act: Senior Service America, Inc. and SER – Jobs for Progress both operate Senior Community Services Employment Programs (SCSEP) that serve Fresno County Residents. The program offers outreach, intake, and orientation services; provides information and referrals to supportive services available to eligible persons; Fresno Regional WDB Local Plan – PY 2021-24 10 provides group presentations; provides Older Americans workshops; provides group counseling services; offers short-term pre-vocational services; enrolls eligible seniors who are 55+, low income, and have barriers to employment; and provides part-time, temporary on the job training through community service assignments at local nonprofits and government agencies to enrolled participants. Job Corps: Program representatives conduct eligibility determination for Job Corps services. Their principal activity at the AJCC is to promote the Job Corps program to potential applicants who are youth and young adults ages 18 to 24. Job Corps staff may also participate in the AJCC’s Self Reliance Team panels. Native American Programs (WIOA Section 166 : The FRWDB works closely with the local office of California Indian Manpower Consortium (CIMC), a One-Stop system partner. WIOA program staff collaborates with CIMC staff to provide referrals and co-enrollment opportunities to provide Indian and Native American job seekers access to all WIOA and partner services in available through FRWDB’s local network of AJCCs. Migrant Seasonal Farmworker Program (WIOA Section 167): The FRWDB works closely with Proteus, Inc., who administers and operates the Migrant Seasonal Farmworker (MSFW) program in Fresno County to ensure MSFW programs services are available for eligible agricultural participants. MSFW staff is currently co-located in one (1) of the affiliate sites and the WIOA program staff works wit h MSFW staff to provide referrals and co- enrollment opportunities. Veterans Services: EDD administers this program and designated Disabled Veterans’ Outreach Program (DVOP) and Local Veterans’ Employment Representatives (LVER) Specialists are stationed at the comprehensive center to assist veterans seeking employment. Youth Build: In Fresno County, YouthBuild is embedded within the Fresno Economic Opportunities Commission (EOC’s) Conservation Corps Program. Corps members are required to enroll and progress in an academic program concurrent to their full or part-time enrollment in the Conservation Corps’ paid skill-building vocational training programs. Corps members lacking a high school diploma enroll in the on-site YouthBuild Charter High School of California. Trade Adjustment Assistance Act: Trade Adjustment Assistance Act (TAA) is a federal program that provides aid to workers who lose their jobs or whose hours of work and wages are reduced as a result of increased imports. The TAA program offers a variety of benefits and reemployment services to help unemployed workers prepare for and obtain suitable employment. Workers may be eligible for training, job search and other reemployment services. Coordination with TAA generally includes co-enrollment into WIOA, which provides multiple benefits, including TAA funds being used to cover a ll training costs. Fresno Regional WDB Local Plan – PY 2021-24 11 Community Services Block Grant: The Fresno EOC supports AJCC staff with referrals, depending on eligibility requirements, to any Community Services Block Grant services and any other service available through Fresno EOC, such as Women, Infants and Children (WIC) and Low-Income Home Energy Assistance (LIHEAP). Unemployment Compensation: The Unemployment Insurance program is generally represented in the AJCCs by EDD’s Wagner-Peyser staff. FRWDB and AJCC staff work with EDD staff to coordinate marketing and outreach to UI claimants, ensuring full access to all available WIOA services. Temporary Assistance for Needy Families/CalWORKs: DSS staff is co-located at the Fresno AJCC, a comprehensive center and the Reedley AJCC, which is an affiliate site. DSS staff support reception duties; provide assistance with job fairs and employer services events; participate in scholarship panels; function as liaisons between AJCC partners, DSS staff and participants; provide Welfare-to Work case management; and participate in the center’s Self Reliance Team and Training Scholarship panels. DSS staff also provides CalWORKs Intake and CalFresh/Medi-Cal services at the Reedley AJCC. Partners’ Efforts to Collaborate on Co-Enrollment and Case Management In every aspect of our operations, FRWDB attempts to identify and implement strategies to achieve efficiencies and to leverage resources on behalf of the participants we serve. Co-enrollment of job seekers into programs beyond WIOA has long-been part of this approach. While we recognize that more work needs to be done to structure and strengthen our approaches to co-enrollment, we are prepared to work closely with workforce system partners to build upon existing approaches. Current Efforts that Foster Co-Enrollment and Co-Case Management There are many examples of ways in which FRWDB’s AJCCs have collaborated with partners to jointly serve our shared customers. For instance, under a state -funded project for English language learners, the AJCCs, WIOA Title II-funded education agencies, and several community-based agencies co-enrolled participants into education, workforce training and support services programs to holistically support job seekers in achieving their employment goals. FRWDB also pursues various methods of collaboration with partners that promote co - enrollment of participants in two (2) or more programs. These include: Acceptance of Partners Assessment Results: AJCCs will accept WorkKeys, CASAS or TABE assessments that have been administered by other organizations within the last six (6) months. Typically, the referring organization (e.g., adult education) has already enrolled the customers for which the assessment was administered. Orienting Job Seekers to All Partner Programs: FRWDB’s AJCCs conduct orientation sessions both in person and online. These sessions provide information on the One-Stop Fresno Regional WDB Local Plan – PY 2021-24 12 partner programs, thereby promoting not just WIOA, but various compatible programs and services. Cross Training Staff: Under direction of the One-Stop Operator, workforce system stakeholders participate in instruction, including cross-training, that enables staff to make informed referrals of clients to various programs. Co-Location of Partners: The WIOA core program partners, along with many of the other One-Stop partners and local stakeholders, are co-located in some form at FRWDB’s Workforce Connection centers. WIOA staff is also present at partner sites, such as Fresno City College’s Career Center, where they assist in supporting self-directed services and in making referrals to system partners. Intensive Collaboration with Partners: One on one meetings with partners, such as representatives of DOR, Fresno County DSS, and Child Support services are common, as they help to maintain operational support of referral processes, track shared clients, and strategize regarding more effective forms of service delivery. Enhancing Co-Enrollment Strategies among System Partners As this plan is implemented, FRWDB will bring partners together to devise approaches to increase strategic co-enrollments as described in state guidance. A workgroup will collaborate on the development of processes and procedures for enhancing co- enrollments among the partners. In addition to defining methods for determining when co- enrollments are appropriate, these efforts will likely include strategies for additional training among the partners regarding programs and eligibility requirements. One-Stop System’s Use of Technology and Other Remote Strategies FRWDB has designed and implemented a service delivery system that reaches out to all communities across the county’s more than 6,000 square miles. A combination of brick and mortar and virtual services make up our approach to reaching the widest possible range of jobs seekers and businesses. Remote Services Locations For the purposes to providing workforce development services to remote locations in the county, FRWDB broadly identifies non-urban communities under two (2) geographic designations: Rural West Fresno County including the cities of Coalinga, Firebaugh, Huron, Kerman, Mendota and San Joaquin and the communities of Biola, Caruthers, Easton, Five-Points, Raisin City, Riverdale, and Tranquility. Fresno Regional WDB Local Plan – PY 2021-24 13 Rural East Fresno County, which includes the cities of Fowler, Kingsburg, Orange Cove, Parlier, Reedley, Sanger, and Selma and the communities of Auberry, Del Ray, Friant, Huntington, Prather, Shaver, and Squaw Valley. To promote access to services, FRWDB has two (2) affiliate Workforce Connection sites serving Rural West communities and two (2) affiliate sites on the Rural East side of Fresno County. Currently, sites serving the West side are based in Coalinga and Mendota and those serving the East side are in Reedley and Selma. Each site features a resource area where self-directed and basic career services are available. Job seekers using these sites have access to: phones, fax machines and copiers; web-connected computers; information on training opportunities in demand occupations; job boards with current listings; information of partner services; and labor market information. WIOA contractors working at these sites provide individual career services to eligible job seekers. Based on demand and clients’ needs for specific services, WIOA -funded staff from the comprehensive center and One-Stop partner representatives are deployed to rural affiliate centers to provide services to job seekers and to employers seeking job- ready workers. Use of Technology to Enhance Service Delivery to Remote Locations Over the last several years, FRWDB has continued to enhance our online presence and add to our slate of virtual services. Social distancing protocols and various restrictions resulting from the pandemic have accelerated our development of technology-based equivalents to our FRWDB’s slate of in-person services. Orientation, eligibility, case management, workshops, and other traditional in-person services are now available in virtual formats. Video-conferencing platforms are used to deliver services and connect staff to customers. Implementation of various paperless processes enable further enhance service accessibility via the web. The availability of online services provides greater options for some living in rural communities. As discussed throughout this plan, even with the advancements described above, poor internet connections, hardware, and digital skills limit access for many vulnerable individuals in both rural and urban communities. Bridging these gaps is a priority of this Plan. Coordination of Workforce Activities and Support Services Providing access to services that enable job seekers to participate and succeed in training, other workforce services, and employment is a priority for FRWDB and for other local workforce system stakeholders. Because participants’ needs for such services c an be extensive and resources are limited, FRWDB has worked diligently to develop a slate of resources that both makes use of WIOA funds and utilizes services from other fund sources. Fresno Regional WDB Local Plan – PY 2021-24 14 Determining Participants’ Needs for Support Services After determining a participant’s eligibility for WIOA services, AJCC staff schedules an in- person (or possibly, virtual) meeting with the participant to develop an initial plan. This session includes an objective assessment interview. Staff engages in a discussion with the participant about their specific needs and circumstances to identify appropriate services, a career pathway, suitable training and supportive services needs. Staff emphasizes that supportive services are provided to participants for the sole p urpose of enabling their participation in WIOA-funded services, including training, and employment. Based on the individual assessment and availability of WIOA funds, supportive services may be made available to the participants. A plan is developed that indicates services to be provided and identifies the most likely source of funding for such services, whether it be WIOA, a One-Stop partner program, or another community resource. Services Available to Address Participants Needs and Barriers FRWDB has adopted a policy under which there is a lifetime WIOA supportive service cap of $1,000 per participant. Under certain circumstances, additional funds may be made available, if program management approves a wavier. WIOA-funded supportive services generally address needs such as assistance with clothing, housing, tools, and union fees; transportation assistance, such as bus passes, car repair, and mileage ; and, , needs- related services payments. As indicated, WIOA is just one (1) source of funding to meet participants’ needs for support. Many other organizations and programs also provides various forms of supportive services. In some cases, individuals will need to be determined eligible for such services and/or be co-enrolled in partner programs to access support. For other programs, various forms of support are universally available and require neither documentation of eligibility or enrollment. These programs include the following: Migrant and Seasonal Farmworker Program : Assistance with clothing, food, housing, tools, and union fees; transportation assistance, such as bus passes, car repair, and mileage; and housing assistance California Indian Manpower Consortium: Assistance is similar to that available to participants in the Farmworker program, described above. Needs-related services payments are also available. Fresno Economic Opportunities Commission: Available are programs to assistance with the cost of utilities, including: • Low-Income Home Energy Assistance Program (LIHEAP) provides financial assistance to help offset an eligible Fresno County household’s home energy costs. LIHEAP can provide one (1) payment per program year for electricity, gas, propane, wood or oil for eligible households. Fresno Regional WDB Local Plan – PY 2021-24 15 • Energy Crisis Intervention Program provides assistance to eligible households that are in a crisis situation. Examples include a household that has received a 24 - to 48-hour disconnect notice or service termination by its utility company or a household facing an energy-related crisis of life-threatening emergency in the applicant’s household, including a combustible appliance. Head Start: Head Start is a no cost preschool program primarily servicing low-income families. Children must be at least three (3) years old or turning three (3) by September 1st. Head Start provides comprehensive services including education, social, emotional, health, nutritional, family support and disability services to children and families. Fresno County Department of Social Services: DSS provides services to ensure individuals and families will be safe, self -sufficient, healthy, and out of trouble at home, in school or at work. Program, services and support include: CalFresh provides monthly benefits to help low-income households purchase the food they need. CalWORKS provides time-limited cash assistance to eligible families with children. Adults in the program are required to participate in a work activity unless determined exempt. General Relief provides cash or in-kind services to needy individuals and childless couples and is intended to assist with the cost of food, shelter, personal needs, and other living expenses. Medi-Cal: California’s public health insurance program is designed to provide no-cost or low-cost medical benefits to low income individuals and families. Department of Rehabilitation: DOR supports its customers by making available supportive services including the following: assistance with clothing, housing, tools, and union fees; transportation assistance, such as bus passes, car repair, and mileage ; and assistive technology; and other resources to enables persons with disabilities to participate training and complete work-related tasks. Reading & Beyond offer transportation and housing assistance. Catholic Charities operates a food pantry and provides assistance with clothing. DMV ID vouchers are available at a reduced fee. Rent and mortgage assistance is available, as is a diaper program. Physical and Programmatic Accessibility for Individuals with Disabilities FRWDB staff documents policies and procedures that incorporate the requirements of WIOA Section 188 and applicable provisions of the Americans with Disabilities Act (ADA). Annual program reviews include an assessment of how those policies and procedures are Fresno Regional WDB Local Plan – PY 2021-24 16 implemented by sub-recipients. All outreach and marketing materials include required taglines for compliance with WIOA Section 188. Equal Opportunity (EO) and ADA information and procedures are available on the FRWDB and Workforce-Connection websites. Facilities, Technology and Services Supporting Accessibility For Workforce Connection facilities, a physical site review for accessibility is performed at the time of initial layout and when improvements are made. W alk-throughs are randomly performed to ensure continued compliance. Program and physical accommodations are made to customers upon request. AJCC workstations with assistive technology equipment persons with disabilities, includes: a TTY device;; handsets with volume controls and hearing aid compatible features; large 22” monitors; and large print keyboards. In addition, staff utilizes, a wireless face-to-face communication device to assist deaf and hard of hearing individuals. Program and physical accommodations are made, upon request, including sign-language interpretation. Work is underway to increase accessibility of our local websites. Staff Training FRWDB and AJCC staff have participated in various training sessions on serving individuals with disabilities. Examples of this instruction include: • Training on Equal Opportunity/Americans with Disabilities Act • Training on TTY, which is a special device that lets people who are deaf, hard of hearing, or speech-impaired use the telephone to communicate, by allowing them to type text messages. • Mental Health First Aid Training • Mental Health and Depression Under the ADA Training (online session) As this four (4)-year Plan is implemented, FRWDB intends to work closely with DOR, the other Competitive Integrated Employment Local Planning Agreement partners, and community-based agencies to identify training that would improve staff’s effectiveness in working with job seekers with disabilities. Fresno Regional WDB Local Plan – PY 2021-24 17 III. STATE STRATEGIC PARTNER COORDINATION In 2018, the State completed and published a biennial modification to California’s Unified Strategic Workforce Development Plan for Program Years 2016-2019. Within this modification, the California Workforce Development Board identified several new strategic partnerships with state-level agencies and initiatives. Guidance issued by the State Board in 2018 to Local Boards regarding two (2)-year modifications to their PY 2017-2020 Plans required that WDBs pursue these partnerships within their jurisdictions. In our 2019 modification to the Local Plan, FRWDB described these local level relationships, some of which were in an early stage of development. Following is a summary of the evolution of these strategic partnerships as well as approaches under consideration to further strengthen collaboration with local providers and programs. Coordination with County Human Services Agency and Other Local Partners That Serve Individuals Accessing CalFresh Employment and Training Services Fresno County Department of Social Services (DSS) was one of the first agencies of its kind in California to pilot a CalFresh Employment and Training (CFET) program. As an extension of the pilot, DSS contracts with Reading and Beyond, a local non-profit organization to provide Employment & Training Services to members of CalFresh families. However, in 2018, DSS competitively procured a new provider to operate its core CFET program, which is focused on General Relief (GR) participants. The contractor, America Works, has a short three (3)-month period to find participants employment. FRWDB and DSS have agreed that America Works and Workforce Connection staff should collaborate on finding employment for CFET participants. Recent discussions among the partners have centered on identifying opportunities to streamline AJCC processes in order to provide as much time as possible to seek job placement opportunities for GR participants before there aid is cut off. Discussions have also focused on the use of work-based learning strategies (e.g., on-the-job training, transitional jobs) that will pay wages as participants learn. Part-time work while individuals participate in short-term classroom training is another option that has been discussed. AJCC staff works with the America Works staff to coordinate referrals. Local board staff will continue to coordinate meetings between DSS, America Works, and FRWDB to discuss strategies to better align services/goals Coordination with Local Child Support Agenc y and Other Local Partners That Serving Individuals Who Are Non-Custodial Parents While the CWDB issued initial guidance to local boards regarding requirements to develop relationships with Child Support Services agencies in May 2018, FRWDB and the Fresno County Department of Child Support Services (FCDCSS) were already working together. Under a process agreed to by all parties, non -custodial parents (NCPs) who are in contempt of court due to unpaid child support payments are mandated to participate in WIOA services. Such individuals are provided a “job training referral form” from FCDCSS instructing them that they must register with a Workforce Connection Center within ten Fresno Regional WDB Local Plan – PY 2021-24 18 (10) days and provide a center-generated “participation report” upon the NCP’s next court hearing. The referred NCP understands that the referral is an order of the court and that non-compliance will be deemed a violation of probation. When NCPs make contact with Workforce Connection staff they participate in an orientation and subsequent eligibility determination and enrollment processes that are similar to those experienced by other job seekers. Non-court-ordered NCPs may also be referred to a Workforce Connection Center, but participation in workforce services in voluntary. For those whose participation is mandatory, AJCC staff provides follow-up with the Courts to provide updates and reports on participant progress and outcomes in the program Coordination with Local Partnership Agreement Partners Established in Alignment with the Competitive Integrated Employment Blueprint and Other Local Partners That Serve Individuals with Developmental and Intellectual Disabilities. In 2018, the California Department of Education, DOR, and the Department Developmental Services developed the Competitive Integrated Employment (CIE) Blueprint, which is a five (5)-year plan to assist people with Intellectual Disabilities and Development Disabilities (ID/DD) prepare for and secure a job earning at least minimum wage working in the community with people without disabilities. The goals of the Blueprint are to: • Help the three (3) departments work together to better support people with ID/DD who want a CIE job. • Create more options for people with ID/DD to prepare for and get a CIE job. • Help people with ID/DD to make their own choices about working in the community In 2018, the CWDB and EDD issued guidance to FRWDB on the development of a 2019 biennial modification to our year-year Local Plan. This guidance required that FRWDB connect with and seek to participate in the efforts of local partners (local education agencies, the DOR district office, and the regional center) to deliver CIE services as outlined in a Local Partnership Agreements (LPA). These agreements articulate the ways in which local partners will work together to streamline service delivery, engage their communities, and increase CIE opportunities for individuals with ID/DD. LPAs are the result of conversations and enable the local partners to determine strategies that will work best for them and the populations they serve. The core partners in the Fresno LPA are: Local Education Agency Partners: Clovis Unified School District, Fresno County Office Superintendent of Schools, and Fresno Unified School District Department of Rehabilitation: DOR Fresno Branch Office Fresno Regional WDB Local Plan – PY 2021-24 19 Regional Center Partners: Central Valley Regional Center (CVRC) The LPA also acknowledges the participation of the following non -signatory “community partners:” DOR vendors, stakeholders, collaborative contract partners, College 2 Career Project Search, Youth Leadership Training Program, Transition Partnership Programs, and work-based training programs. While not explicitly named as a partner, FRWDB and our network of AJCCs fit into several of the categories listed above. As an updated agreement is developed, FRWDB will request that we be included as a community partner. Over the last two (2) years, our staff has participated in discussions with the core partners. FRWDB remains committed to participating as a stakeholder in the competitive integrated employment goals of the LPA. FRWDB will work with DOR, its service providers, the regional center, and Workability programs to: • provide career services to job seekers with ID/DD • support DOR in using an assets-based approach to promoting CIE to local businesses; and • work with DOR and other stakeholders to encourage businesses to take advantage of work-based learning strategies to initially integrate individuals with ID/DD into the workforce Coordination with Community-Based Organizations and Other Local Partners That Serve Individuals Who are English Language Learners, Foreign Born, and/or Refugees English Language Learners (ELLs), foreign born individuals and refugees have always been key target groups for the local workforce development delivery system. Nearly 55% of the county’s populations is Hispanic and more than 10% are Asian. Approximately 20% are foreign born. While many individuals from these groups come to the workforce system seeking assistance to prepare for and find employment, many also need services such as English language skills instruction. FRWDB works closely with many organizations serve this population and continuously strives to improve services for ELLs and other vulnerable populations. Partners in Serving ELLs and Immigrants Adult education programs and the community colleges have long been important partners in providing English as a Second Language instruction and other basic education skills to ELLs and immigrants. AJCC staff regularly refers clients to WIOA Title II programs and other training to assist customers in building the ir English proficiency, to increase other basic education skills, and for support in earning a high school diploma or equivalency credential. FRWDB and AJCC staff collaborate with other organizations and programs to provide education, job skills training and placement support to ELLs and immigrants. These partners include, but are not limited to, the Central Valley Immigrant Integration Fresno Regional WDB Local Plan – PY 2021-24 20 Collaborative, Central California Legal Services, Proteus, Inc, DSS, The Fresno Center, Fresno Interdenominational Ministries (FIRM), and Centro La Familia. Strengthening Services for this Vulnerable Target Group Since the publication of our PY 2017 -2020 Local Plan and its 2019 modification, in which we discussed services for ELLs and immigrants, FRWDB has increased staff’s awareness of community agencies serving this population and, consequently, cross referrals between Community Based Organizations and AJCCs has also increased. Other efforts to improve accessibility of services to ELLs, foreign born individuals, and refugees have included: • Co-location of State Center Adult Education staff at the AJCC, which has increased efforts to assist participants with enrollment in High School Equivalency preparation classes and ESL classes; referrals for financial-aid; and assistance with college applications. • Increased promotion of WIOA and other workforce services in social media and on Spanish and Hmong language radio. • Referrals to organizations such as Fresno Interdimensional Ministries (FIRM) and The Fresno Center to provide wrap-around educational and employment services in customers’ native languages. • Increased collaborate with DSS to assist CalWORKS participants through co-case management and coordinated referrals for job readiness, education, training and supportive services. • Increased availability of translation services for non-English-speaking customers. Fresno Regional WDB Local Plan – PY 2021-24 21 IV. WIOA TITLE I COORDINATION The following narrative addresses services, activities, and administrative requirements of FRWDB under the WIOA Title I formula programs, along with strategies for staff preparation, training, and ongoing professional development to effectively respond to participant needs. Staff Training and Professional Development to Increase Digital Technology Skills FRWDB has recently updated and enhanced the role of the One-Stop Operator under our AJCC/One-Stop Coordinator position, which among its various duties, will be responsible for managing a training calendar for center staff and system partners and coordinating on- going training activities. This will ensure that FRWDB front-line staff located at the AJCC and partner representatives have up-to-date skills and knowledge necessary to work in an environment where they can communicate, access, and provide information through a variety of digital tools, such as web-based data systems, online video-conferencing platforms, social media, email, text messaging, and more. Training in digital technology will concentrate on four (4) skill areas: Skills that Enhance Work Productivity The focus will be on providing group training and identifying tutorials, webinars, workshops, and learning strategies related to uses of technology to support: managing time while working remotely; conducting effective meetings; closing any technology skills: and remote communications. Skills that Enable Learning on a Wide Range of Topics from a Variety of Sources To ensure that staff is able to successfully participate in training directly related to their jobs and to education and training activities that are part of their overall goals for professional development, training will be provided on various applications and platforms used in distance learning. Instruction will include remote communications via the web, sharing documents in an online classroom setting, streaming videos, and related skills. Skills that Enhance Knowledge of Economic Issues, the Labor Market and the Economy Economists, labor market analysts, businesses, educators and workforce development professionals utilize many online data management tools to access information that supports their work. Training will be provided in effective uses of these tools and technologies. Skills that Improve the Capacity to Virtually Serve Job Seekers and Business Customers Fresno Regional WDB Local Plan – PY 2021-24 22 Staff will participate in training to elevate their skills in using online platforms to conduct virtual workshops and interactive sessions with customers, partners, colleagues and others. They will also learn to use software to obtain digital signatures and the complete e-forms. To ensure that staff’s skills remain up to date with new technology and that new staff are exposed to the digital technology applications they need to work effectively in their roles, training will be provided annually and refreshe r courses will be provided on an ongoing basis. To identify qualified trainers, FRWDB will competitively procure the services of experienced organizations or individuals; coordinate the delivery of training with AJCC partners and other agencies in the community that either provide or have procured training; and take maximum advantage of online tutorials and webinars such as those offered by U.S. DOL, CWDB, EDD and the California Workforce Association (CWA). Frontline Staff Training and Professional Development to Increase Cultural Competency and Effectiveness in Working with Individuals and Groups that Have Been Exposed to Trauma Fresno County’s population is racial and ethnically diverse and this diversity is reflected in the customers who use Workforce Connection services. In addition, workforce system staff estimates that a significant percent of the customers they see may have experienced various forms of trauma based on vulnerable groups that they represent. While cultural competence and issues pertaining to customers dealing with trauma are areas in which workforce system staff can benefit from training, little instruction on these topics has been provided to workforce system staff in Fresno or elsewhere. Based on a preliminary review of training opportunities and the skill needs of frontline staff and partners, the following summarizes initial plans for training in these areas. Training in Cultural Competence Skills Training will be provided to support staff’s understanding of the general characteristics of cultural diversity, cultural norms, and cultural differences . Staff will understand the importance of respecting individual cultural experiences, learn to better communicate with others to understand and address potential barriers to service, and develop greater culturally sensitive within the workplace. Staff will become more aware of their own cultural beliefs and culturally-related behaviors and potential power imbalances, privileges, or biases when providing services. Training will be provided annually. Training to Enhance Skills in Working with Individuals Dealing with Trauma FRWDB staff will identify and facilitate training on working with trauma-exposed participants. This will include developing skills to promote conversation; learning how to respond to disclosure; integrating participants’ safety when providing services, advocacy, Fresno Regional WDB Local Plan – PY 2021-24 23 outreach; and trauma informed care. FRWDB will partner with local agencies in the community to share expertise, provide assessments, encourage participants to join support groups, share resources, and coordinate services. Identifying and Securing Training The process of identifying qualified trainers will be similar to that described above for instruction in digital literacy skills. FRWDB management suspects that, given the emphasis currently placed on developing skills in these areas, organizatio ns such as CWA will take a lead to ensure that training by skilled professionals is available. Coordination of Rapid Response and Layoff Aversion Activities FRWDB’s overall approach to rapid response and layoff aversion activities is one that focuses first on maintaining business stability so that companies and workers can ultimately compete and thrive. Delivery of these services fits into FRWDB’s overall approach to business services, recognizing that the workforce development system’s success hinges on the ability of businesses to create, maintain and grow jobs for workers. Approach to Layoff Aversion Industry sectors whose strength will have the most significant impact on the future of the workforce area are the most appropriate targets for layoff aversion efforts. The FRWDB takes into consideration key factors for identifying such sectors. They are industries that: • Pay middle-class wages and benefits and offer job and training ladders for low- income populations • Create greater economic spin-off activity (i.e., an economic multiplier effect) • Drive productivity gains in the economy and provide customers for advances in technology • Offer diversification of the economy • Provide a foundation for new industry clusters The FRWDB focuses on a combination of industries that provide the greatest positive impact for the region. Early Warning System Network: Key economic stakeholders comprise the Early Warning System (EWS) network, which identifies and tracks vulnerable companies and industry sectors that might benefit from layoff aversion strategies. The EWS identifies companies at risk of closing or moving operations before actual decisions are made by the businesses to shut down or move. The FRWDB's EWS network includes local, state, and federal agencies; chambers of commerce; industry groups; organized labor; telecommunications/media companies; community-based and community development organizations. Fresno Regional WDB Local Plan – PY 2021-24 24 Detecting early warning indicators is a strategy that complements other information gathered through the EWS network and aids in identifying and tracking companies in possible distress. Information sources include, but are not limited to: • Worker Adjustment and Retraining Notification Act (WARN) notices, which is useful in analyzing layoff activity by industry sector and occupations being laid off . • Major trade journals, business journals, and local or regional newspapers • Dun & Bradstreet or Experian, which provide information on companies and industries under stress. Relevant information can be found in the financial stress score and the commercial credit score. • Direct referrals • Changes in management behavior • Removal of equipment • Sign of a “cash crunch” or unanticipated cutbacks FRWDB’s BC enter staff, with support from AJCC staff, provide layoff aversion services that include: Pre-Feasibility Studies: These studies provide objective evidence as to the likelihood of an employer remaining operational and, if so, under what conditions. Typically, pre- feasibility studies assess various features of an employer's operations such as: organizational structure, marketing, operations/manufacturing, and financial management. Asset Mapping: This activity identifies and creates an inventory of community resources in local workforce development areas. Assets may include many of the organization in the EWS network. Business Turnaround Services: These services are provided when it is determined that an employer needs intervention beyond the menu of services provided by the EWS network and community partners. Services will be provided through an outside entity with expertise in business turnarounds. Potential employers are thoroughly assessed for intervention suitability based on early warning indicator data. Specific business turnaround services include the following: financial restructuring; operations and cost management; new market and product development assistance; production of business plans, financial projections, and financing memorandum; developing labor management partnerships; assistance in acquiring new equipment; assistance with training grants; and assistance with loans and guarantees. Incumbent Worker Training: To assist in averting layoffs, Incumbent Worker Training (IWT) can be provided. Such training is an important strategy for meeting an employer's needs for skilled workers and can take place in or out of the workplace and during or after employees' work hours. Employer and worker assessments are conducted to determine whether the provision of IWT is appropriate. Fresno Regional WDB Local Plan – PY 2021-24 25 Work Share Unemployment Compensation Program: The Work Share Program offers an alternative to businesses facing a reduction in force. Under the Work Share Program, an employer reduces the hours of work each week among a specific group of employees instead of laying off the employees. Wages lost to the employee due to reduced hours are offset by the receipt of UI benefits. The Rapid Response Team and Services When a WARN notice is issued, FRWDB business services staff proceeds with the activities described above. If, in meeting with business representatives, it becomes clear that layoffs are inevitable, the focus turns to the assisting affected wo rkers as quickly as possible, providing them access to UI and with information and support that will result in their rapid reemployment. FRWDB coordinates services through a Rapid Response Team that connects affected employees to the One-Stop system. The Team includes: FRWDB; EDD; Fresno County Department of Social Services; Covered California; Community Housing Council; Clinica Sierra Vista; Fresno County Public Library; Richard, Heath & Associates; U.S. DOL; Fresno4Biz (entrepreneurship); and local utilities. Within 48 hours of notice, Rapid Response Team members will have met with business and labor (as applicable) representatives and organized orientations at the worksite(s) for employees to provide them information on a wide range of services and suppo rt. By connecting workers to Workforce Connection services (or those of the workforce system in the county where they live) the Team’s objective is to quickly assess workers’ skills, identify the needs for any training or support, and make referrals to emp loyment opportunities which are aligned to the laid off individuals skills, experience and needs. Many workers are quickly reemployed, while others train for new skills prior to returning to work. Coordination with Trade Adjustment Act When a company closure, downsizing, or relocation is caused by foreign competition, FRWDB and EDD collaborate to provide TAA and WIOA services to the affected employee(s) as needed. Such situations often results in the co-enrollment of workers in both programs, as TAA is able to cover all costs of re-training for affected workers, while WIOA address needs case management, re -employment readiness services and job placement support. Coordination with Other Key Partners In addition to collaborating with the partners that comprise the Rapid Response Team, FRWDB’s business services staff participates in the Central Valley Industry Engagement Roundtable (CVIER) bi-weekly convenings, which are largely focused on regional trends, including layoffs and identification of industries and businesses in distress. The roundtables provide the opportunity for regional staff to share best practices that are of value to businesses and employees. Fresno Regional WDB Local Plan – PY 2021-24 26 Additionally, FRWDB communicates regularly and effectively with state advisors on rapid response activities. FRWDB works closely with our regional advisor regarding rapid response methodologies and on providing quarterly 121 and 122 reporting for layoff assistance and aversion activities for the region. Services and Activities Available under WIOA Title I Adult and Dislocated Worker Programs FRWDB offers a wide range of services for job seekers enrolled in the WIOA Title I Adult and Dislocated Worker programs. Services meet the needs of individuals with various levels of education and work experience and job seekers from vulnerable populations who may have one (1) or more barriers to employment. Services are designed to prepare participants for entry-level and higher positions with businesses in Fresno County, particularly businesses within the priority sectors that are identified in the San Joaquin Valley and Associated Counties PY 2021-2024 Regional Plan. One-Stop Delivery System FRWDB maintains five (5) Workforce Connections/AJCC locations: one (1) comprehensive site in Fresno and four (4) affiliate sites, which ae located in Coalinga, Mendota, Reedley and Selma. Core and One-Stop partners are co-located on a full-time, part-time, or by appointment at the comprehensive and affiliate centers. Increasingly (particularly due to the pandemic), staff utilize technology for partner referrals and co- enrollment to ensure participants have access to all workforce system services. This technology includes CalJOBs common case management system, e-mail, cloud data repositories, and web-based virtual platforms. Under FRWDB’s current model, three (3) contractors provide both WIOA Adult and Dislocated services. To increase uniformity, cohesion, accessibility, and equity in service delivery, FRWDB is in the process of changing the current model to one where a single contractor will provide Adult Program services and a single contractor will provide Dislocated Worker services across Fresno County. FRWDB is also revising the current service model to ensure that there are no disincentives to serving individuals with barriers to employment that may require longer-term career and training services. Efforts are being made to bring more services online to create greater access. This is especially important as Fresno County is largely rural with limited public transportation. As one means of promoting greater access to web-based services, FRWDB will provide training on digital literacy. WIOA Adult and Dislocated Worker Services FRWDB’s One-Stop system offers three levels of career services: Basic Career Services, Individualized Career Services, and Training Services. These are supplemented by follow- up services. Services are provided in no specific actual or implied sequence. Instead, services are tailored to meet the needs of individuals while still allowing for tracking of outcomes for reporting purposes. Fresno Regional WDB Local Plan – PY 2021-24 27 Basic Career Services: Basic Career Services are made available to all individuals, and include: • Outreach, Intake and Orientation to services that are available to all job seekers. Once applicants view an online orientation, they are able to submit an appointment/referral request form. • Determinations of Eligibility for WIOA. Individuals who do not meet WIOA eligibility criteria may continue to access basic career services and may be referred to partner programs and those of community-based agencies. • Initial Assessment of Skill Levels are conducted that address literacy, numeracy and English language proficiency, as well as aptitudes, abilities , and supportive service needs. • Labor Market Information is available including job vacancy listings, information on in- demand industry sectors and occupations, regional labor market information , and information on nontraditional employment. • Partner Information and Referrals are based on individual needs and requests from customers. • Training Provider Information includes data on performance and costs of programs offered by eligible providers of training services, adult education, and career and technical education. • Assistance in Establishing Eligibility for Programs of Financial Aid Assistance for training and education programs not provided under WIOA; • Supportive Services Information includes types, limits and sources. • Unemployment Insurance Information Assistance includes support for filing unemployment compensation claims. Individualized Career Services: These services are provided when needed for an individual to obtain or retain employment. AJCC staff relies principally on assessments to determine the need for and appropriateness of individualized career services. Included are: • Job Readiness Workshop: This activity is comprised of modular, hands-on, engaging activities that focus on eight key skill areas: Adaptable and Productive Problem Solver; Digital Literacy; Learning, Creativity and Adaptability; Communicator and Collaborator; Responsible and Ethical Decision Maker; Life Skills; Personal Development; and Resumes. • Skills Assessments: These include computerized O*NET Interest Profiler and Work Importance Profiler (Values/Importance) assessments and WorkKeys® Applied Math, Workplace Documents, and Graphic Literacy assessments. • Individual Employment Plans: These customized plans are developed through an in- depth interviewing and evaluation process to identify employment barriers and appropriate employment goals. The plan outlines activities to attain career objectives. • Interview Workshops: Participants are exposed to interviewing techniques and strategies. They are presented with examples of strong responses to interview Fresno Regional WDB Local Plan – PY 2021-24 28 questions. At the end of each module of this training, participants complete module worksheets creating a personalized answers to commonly asked questions. • Group or Individual Counseling • Transitional Jobs • Financial literacy services are provided based on individual needs. • Supportive services, including services such as transportation, childcare, uniforms and tools required for employment. • English language acquisition and integrated education and training programs are provided based on individual need. • Job Readiness Assistance • Job Search and Placement Assistance  Training Services: FRWDB provides access to a wide range of training programs, which fall broadly into two (2) types: institutional (classroom) training programs, and work-based training programs, which are developed directly with employers and include activities such as on-the-job training, transitional jobs, or customized training. • Occupational skills training, including training for nontraditional employment. • On-the-job training • Incumbent worker training • Programs that combine workplace training with related instruction, which may include cooperative education programs. • Training programs operated by the private sector • Skill upgrading and retraining • Entrepreneurial training • Transitional jobs • Adult education and literacy activities • Customized training conducted with a commitment by an employer A “Self-Reliance Team,” which is comprised of AJCC provider staff and WIOA partner staff (representatives of EDD, DOR, and Fresno County DSS), is responsible for interviewing participants who have requested Individualized Career or Training services. The purpose of this interview is to determine the best course of action for the participant to prepare for employment. Follow-Up Services For 12 months, follow-up services may be provided to participants, including technical skills training, counseling, mentoring, crisis intervention, life skills , or emergency support required to sustain long-term employment. Priority of Service As outlined in the guidance provided in EDD Workforce Services Directive WSD 15-14, priority is provided in the following order: Fresno Regional WDB Local Plan – PY 2021-24 29 • Veterans and eligible spouses, who are also recipients of public assistance, are low income or are basic skills deficient. • Adults who are recipients of public assistance, are low income, or are basic skills deficient. Priority status is established during eligibility. Before determining eligibility, all applicants complete an initial CASAS assessment to determine if they are basic skills deficient. The process for determining whether an applicant is unable to compute or solve problems or read, write, or speak English at a level necessary to function on the job, in the individual's family, or in society is determined through observation by the eligibility staff. FRWDB has established guidelines for AJCC staff to obtain and maintain appropriate documentation to support any of the criteria listed under the priority of service. If staff is unable to obtain the required supporting documentation, a waiver request must be submitted and approved prior to the use of self-attestation (i.e., an applicant statement). Services and Activities Available under WIOA Title I Youth Program FRWDB’s Young Adult Services program serves WIOA-eligible individuals ages 14 to 24, offering a wide variety of services that are customized to the needs and preferences of each participant. WIOA Youth Programs and Service Delivery Sites Youth programs are delivered by competitively procured providers with experience in providing workforce development services to both in-school and out-of-school youth. Youth services, like the Adult and Dislocated Worker Programs, are delivered through one centrally located site in Fresno, which is adjacent to the comprehensive AJCC, and four (4) remote/rural locations in Coalinga, Mendota, Reedley and Selma. These locations ensure that services are within reasonable distance to youth residing in urban and rural communities through the county. As with all FRWDB programs, the effects of COVID -19 have led to youth services being principally delivered through online services. Currently, contractors providing WIOA Youth services include Equus Workforce Solutions in Fresno, W est Hills College in Coalinga and Mendota, and Proteus, Inc. in Reedley and Selma. FRWDB will re-bid the Young Adult Services program in 2023. Youth Services Services and activities fall broadly into three (3) categories to which youth are oriented when they first inquire about the program: Academic Assistance: Tutoring in reading and math; high school diploma and GED assistance; college and vocational training preparation assistance; and assistance in preparing for and transition to post-secondary education and training Fresno Regional WDB Local Plan – PY 2021-24 30 Job Readiness: Exploring and developing career goals; job readiness workshops; interview preparation workshops; work experience opportunities; pre-apprenticeship opportunities; vocational skills training; entrepreneurial training; leadership activities; career counseling; and job placement assistance. Follow-up services: Support and guidance from an Academic and Career Advisor; links to mentoring programs; personal and leadership development op portunities; and financial literacy workshops. The program makes available all 14 required WIOA Youth Program elements. Specific services aligned to these required elements include the following: Orientation: WIOA Orientations expose youth to all features and benefits of the program. Eligibility Determination: WIOA Youth eligibility determine may be conducted in-person and through video-conferencing. Documents are submitted via the CalJOBS secure messaging system, DocuSign, and secure box drop off. Applicants 18 years and older who are not eligible for WIOA Youth program are referred to the AJCC for use of Basic Career Services and eligibility determination for Adult and/or Dislocated Worker. Objective Assessment: This evaluation examines barriers, skills, education, needs for supportive services, and career and employment goals. Basic Skills and Career Assessments: CASAS provides an initial assessment of skill levels including literacy, numeracy and English language proficiency. O*NET (Interest Profiler and Work Importance Profiler) considers aptitudes, abilities, and skills gaps; and the WorkKeys® assessment includes Applied Math, Workplace Documents, and Graphic Literacy. Individual Service Strategy (ISS): This customized service planning document addresses all of the following factors affecting participants’ readiness to achieve educational and employment goals. • Labor Market Information including the research and information of high demand occupations, minimum requirements for jobs, career exploration, and career counseling; • Referrals to services that address each youth’s needs and preferences; • Postsecondary education information including career technical education, short-term vocational skills certifications, and college enrollment; • Assistance with financial-aid applications for education programs that are not covered under WIOA; • Supportive Services and/or referrals for supportive services assistance from partner agencies for childcare, transportation, housing, food, uniforms, work attire, tools and more. Fresno Regional WDB Local Plan – PY 2021-24 31 • Leadership Development through academic; personal development, and community and civic awareness. Job Readiness Workshops: This required two (2)-week activity addresses soft skills, digital literacy skills, financial literacy, and building a strong resume. Job Readiness Assistance: These activities include resume writing, interview preparation, job search, and placement assistance. Individual Comprehensive Counseling and Guidan ce: One-on-one assistance from an Academic Career Advisor Mentorship: Partner role model mentorship during participation and for up to 12 months during program follow-up. Work-Based Learning/Work Experience: Up to 200 hours of paid hands-on learning experience that includes occupational and academic components. Training Services: Activities include occupational skills training; entrepreneurial training; adult education and literacy activities; on-the-job training; and internships in combination with training. Activities to Prepare for and Transition to Post-secondary Education and Training: Assistance with college and financial aid applications. Follow-up Services: Up to 12 months; Long-term employment retention; Referrals Services to Increase the Digital Skills of Youth FRWDB Young Adult Services programs provides digital literacy skills training to all participants as part of the mandated two (2)-week Job Readiness Workshop. Content includes: etiquette for web-based interactions and communication; use of social media platforms for job search and business purposes; exposure to various commonly used software applications; introduction to distance learning, including training that addresses details for appropriate use video-conferencing platforms; and online formats for resumes, applications and other documents. Serving Youth with Disabilities The Young Adult Services program ensures that all youth participants, including youth with disabilities, receive the same types and quality of services and level of support to achieve their career planning, education, skills training and employment goals . To ensure that services for individuals with disabilities meet their full range of needs, WIOA staff may collaborates with DOR, Central Valley Regional Center, instructors and staff from local special education programs, and community-based organizations to develop effective service strategies. Fresno Regional WDB Local Plan – PY 2021-24 32 Entity Responsible for Disbursal of Grant Funds and the Competitive Process Used to Award Contracts for WIOA Title I Activities The Fresno Area Workforce Investment Corporation is authorized as the entity responsible for the disbursal of grant funds under the Administrative Services Agreement that has been executed with the Fresno Regional Workforce Development Board. The FRWDB competitively procures AJCC Operator, Adult and Dislocated Worker Program Career Services, and Youth services. AJCC Operator services are procured every four (4) years and WIOA Adult, Dislocated Worker, Youth Program services are procured every five (5) years. All programs and functions (except the Youth Program) are being re-bid in 2021 and will begin operating under new contracts effective July 1, 2021, in tandem with the implementation on this plan. The WIOA Youth Program will be competitively procured in 2023. How the Local Board Fulfills the Duties of the AJCC Operator and/or the Career Services Provider or Selection of AJCC Operators and Career Services Providers FRWDB competitively procures the services of both an AJCC/One -Stop Operator (OSO) and career services providers for the WIOA Adult and Dislocated Worker Programs. AJCC Operator Function The OSO is responsible for coordinating the service delivery, responsibilities and contributions of required WIOA partners as agreed upon in the FRWDB WIOA Partner Memorandum of Understanding (MOU). Specific duties and responsibilities include the following: • Convening meetings to support implementation of the FRWDB’s MOUs between WIOA One-Stop Partners; • Coordinating with the One-Stop partners to develop agendas and facilitate meetings; • Convening monthly site council (partners delivering services at specific centers) meetings to ensure service coordination; • Convening quarterly system-level Partner meetings; • Convening other partner meetings required to support MOU implementation; • Implementing policies established by the FRWDB; • Ensuring the implementation of partner responsibilities and contributions agreed upon in the FRWDB’s MOUs; • Coordinate with other WDBs and operators for regional planning purposes as directed by FRWDB staff; • Coordinating with partners in program design, implementation, and capacity building/staff development; and • Completing other duties that may be necessary to fulfill WIOA requirements of and maintain compliance as a One-Stop Operator. Fresno Regional WDB Local Plan – PY 2021-24 33 The OSO will also assist FRWDB staff in meeting continuous improvement goals established as a results of the One-Stop certification process. These currently include: • Developing and implementing a process to survey partners’ satisfaction with the AJCCs and the overall workforce system, along with the value they believe the AJCCs provide their program and customers; and • Establishing and maintaining a structured annual training and professional development schedule for One-Stop staff. Career Services Provider Function The career service provider function involves the implementation and delivery of career services and follow-up described in section IV.D, above. Fresno Regional WDB Local Plan – PY 2021-24 34 V. CONSIDERATIONS FOR PROGRAM YEARS 2021- 24 Based on discussions held throughout the planning process, the following topics have been identified as priorities for further exploration, development, and/or enhancement as the WDB and the partners implement the Local Plan. Priorities of the Workforce Development Board 1. Commit to a career pathways focus. This has, ostensibly, been a priority for the workforce system for nearly a decade. Still, on a practical level, the focus remains on jobs. The jobs focus can be blended into a larger strategy that identifies a career path for every job seeker. 2. Expand our approach to service delivery to include considerations of an “emotional quotient” or fit between what matters to people and the jobs that they do. This is likely an undervalued component in the workforce system’s career planning process and a shift in this direction could yield better outcomes for local programs, particularly in terms of job retention and career progression. 3. Ensure that every job seeker has the foundational skills to succeed in the world of work. These includes strong communication, math, digital and “soft skills.” Critical thinking, problem solving and adaptability are key to every worker’s success on the job. 4. Create and implement more programs that contextualize instruction of basic skills into vocational programs. This includes programs where English as a second language and basic education skills are embedded into job-specific skills training. 5. Recognizing the many needs, preferences, barriers, and goals of individuals seeking assistance from local workforce development programs, expand partnerships to create greater access to a broad range of services and support for customers. Such partnerships may include relationships with mental health agencies, immigrant and refugee assistance programs, and K-12 education agencies. 6. Focus on assisting workers to develop greater “career agility” by teaching skills (e.g., digital technology, process management, accounting) that cut across jobs and industries. Other Key Considerations Identified by Workforce System Stakeholders 7. In recognition of their standing with underserved and vulnerable populations, expand the use of community based organizations as access points or “on ramps” to the AJCCs and the local workforce development delivery system. Fresno Regional WDB Local Plan – PY 2021-24 35 8. Expand efforts to increase outreach to immigrant communities and identify strategies to bridge gaps in services to foreign born individuals. 9. Provide additional training for staff on serving individuals with disabilities. 10. Collaborate with state, county and municipal officials in developing solutions to address the digital divide affecting rural and low-income communities. Strategies should address insufficient internet access, a lack of technology hardware, and the need for digital skills training. 11. Increase the availability of entrepreneurial skills training and work with government and business groups to support new business start-up as the Fresno area economy reopens in the post-pandemic period. 12. Consider the FRWDB’s taking a lead role in developing a mission statement for the network of partners that comprise the local workforce development delivery system, which could be used guide local collaboration. 13. As part of a hybrid (both in-person and online) service delivery system, expand the availability of virtual services, which provide benefits for job seekers and businesses of all types throughout the county. 14. Explore opportunities to add more virtual training/distance learning programs to FRWDB’s Eligible Training Provider List, as training in this format makes skills development more accessible for many job seekers. 15. Provide recommendations to county and municipal government agencies on strategies to improve mass transit for county residents. 16. Commit to teach job retention, a skill that many job seekers lack. 17. Develop more opportunities for upskilling workers and backfilling their positions with new workers as upskilled workers move forward on their career paths. 18. Collaborate more extensively with colleges and universities in the development of career pathways that encompass occupations requiring an associates or higher degree. 19. To more effectively engage with employers, offer more training for business customers. Fresno Regional WDB Local Plan – PY 2021-24 36 VI. APPENDICES The following Items are Included as part of the Local Plan. Attachment 1: Stakeholder and Community Engagement Summary Attachment 2: Public Comments Received that Disagree with the Local Plan Attachment 3: Signature Page Fresno Regional WDB Local Plan – PY 2021-24 37 Attachment 1 Stakeholder and Community Engagement Summary To facilitate the engagement of stakeholders in planning for the local workforce development delivery system and in the development of the PY 2021-2024 Local Plan, the Fresno Regional WDB hosted a series of three (3) community and stakeholder forums focused on topics affecting strategies and services across the system. These forum s included: Vision for the Local Workforce System: How can workforce system partners and other stakeholders create a system that is more equitable, accessible, and effective? This forum was held via Zoom on December 16, 2020. Strengthening the Role of the AJCC as an Access Point for all System Partners and Programs: How can the AJCC be more effectively promoted and used as a central access point for all local workforce system services? This forum was held via Zoom on January 14, 2021. Improving Workforce System Services: How can workforce system services be made more effective and relevant for all customers, including vulnerable populations that have been underserved by traditional programs? This forum was held via Zoom on January 21, 2021. In addition, a planning discussion centered on “vision” was held with the members of the Workforce Development Board during their meeting on January 20, 2021. Where necessary, agency-to-agency discussions were held with various partners and stakeholders to collaboration between their programs and those of the Fresno Regional WDB. Such discussions were conducted via Zoom and included meetings with: • Department of Social Services and CalFresh E&T Partners on December 8, 2020 • Economic Development Partners on December 15, 2021 • California Indian Manpower Consortium on January 12, 2021 Fresno Regional WDB Local Plan – PY 2021-24 38 Attachment 2 PUBLIC COMMENTS RECEIVED THAT DISAGREE WITH THE LOCAL PLAN 1. From: Date: Comment: 2. From: Date: Comment: Fresno Regional WDB Local Plan – PY 2021-24 39 Attachment 3 SIGNATURE PAGE The following signatures represent approval of the Local Plan by Fresno Regional Workforce Development Board and the Chief Elected Official for the Local Workforce Development Area. For the Fresno Regional Workforce Development Board: Jeffrey Hensley, Chairperson Date For the Fresno Local Workforce Area – Chief Local Elected Officials Jerry Dyer, Mayor, City of Fresno Date Steve Brandau, Chair, Fresno County Board of Supervisors Date Fresno Regional WDB Local Plan – PY 2021-24 39 Attachment 3 SIGNATURE PAGE The following signatures represent approval of the Local Plan by Fresno Regional Workforce Development Board and the Chief Elected Official for the Local Workforce Development Area. For the Fresno Regional Workforce Development Board: Jeffrey Hensley, Chairperson Date For the Fresno Local Workforce Area – Chief Local Elected Officials Jerry Dyer, Mayor, City of Fresno Date Steve Brandau, Chair, Fresno County Board of Supervisors Date San Joaquin Valley and Associated Counties Regional Planning Unit Regional Plan Program Years 2021 – 2024 Logos, Images or Photo Contact: Adolph Lopez, Regional Organizer Phone: (209) 558-2100 E-Mail lopezad@stanworkforce.com SJVAC RPU Regional Plan – PY 2021-24 2 TABLE OF CONTENTS PAGE I. INTRODUCTION AND OVERVIEW 3 II. ANALYTICAL OVERVIEW OF THE REGION A. Analysis of Employment and Unemployment Data 11 B. Analysis of the Educational and Skill Levels of the Workforce, the Current Needs of Employers in the Region, and Relevant Skill Gaps 13 C. Analysis of Industries and Occupations with Existing and Emerging Demand 18 III. FOSTERING DEMAND-DRIVEN SKILLS ATTAINMENT A. In-Demand Industry Sectors for the Region 22 B. Sector Initiatives 25 IV. ENABLING UPWARD MOBILITY FOR ALL CALIFORNIANS A. Working with Businesses that Provide Quality Jobs 27 B. Shared Target Populations and Targeted Service Strategies 28 C. Working with Businesses and Training Providers to Ensure that Historically Unserved and Underserved Communities have Equal Access 29 V. ALIGNING, COORDINATING, AND INTEGRATING PROGRAMS AND SERVICES A. Regional Service Strategies 30 B. Regional Administrative Cost Arrangements 31 VI. PRIORITY CONSIDERATIONS FOR PROGRAM YEARS 2021-24 32 VII. APPENDICES A. Stakeholder and Community Engagement Summary (Attachment 1) 37 B. Public comments received that disagree with the Local Plan (Attachment 2) 42 C. Signature Page (Attachment 3) 43 SJVAC RPU Regional Plan – PY 2021-24 3 I. INTRODUCTION AND OVERVIEW With its passage of the Workforce Innovation and Opportunity Act (WIOA) of 2014, Congress moved the national workforce system in a new direction in terms of how to approach economic and labor market demands. While establishment of local workforce areas over the last four decades has always taken into account local labor markets, WIOA recognizes that economies tend to be regional, spilling easily over jurisdictional boundaries that commerce finds inconsequential. WIOA’s recognition of regional economies gave rise to California’s establishment of Regional Planning Units (RPUs), which represent groups of local workforce areas that work collaboratively to develop strategies reflecting regional economic needs of business and the workforce. In accordance with federal and state guidance, the San Joaquin Valley and Associated Counties RPU has developed this four-year Regional Plan to guide strategic initiatives throughout Program Years (PY) 2021-24, which covers June 1, 2021 through June 30, 2025. This Plan replaces the RPU’s PY 2017-20 Regional Plan and subsequent 2019 Biennial Plan Modification. However, foundational principles and many of the overarching strategies expressed by the prior plans are carried forward and will continue to affect the RPU’s approach to addressing economic and workforce priorities of the region. Overview of the SJVAC RPU and the Region The parties to the Regional Plan are the eight local W orkforce Development Boards (W DBs) within the RPU, which include seven boards representing single counties (Fresno, Kings, Madera, Merced, San Joaquin, Stanislaus and Tulare) and one consortium board representing three counties (Kern, Inyo and Mono). Through their Central California Workforce Collaborative (CCWC) network, the WBDs have all been actively involved in the regional planning process by reviewing State guidance, selecting consultants to assist in the process, providing resource documents, organizing regional forums, and meeting regularly with the consultants as a group and individually to share insights, make decisions, and establish priorities for regional coordination. As the designated lead for the RPU, development of the PY 2021-24 Regional Plan has been managed by the Stanislaus County WDB. The boundaries of the RPU are those defined by the ten counties referred to above. The area comprises approximately 40,760 square miles, roughly 25% of the State. With a population quickly approaching nearly 4.2 million, the region is more populous than 25 States. Guiding Principles The SJVAC Regional Plan acknowledges and supports the vision for workforce system that is described in California’s PY 2020-23 Unified Strategic Workforce Development Plan, the overarching state policy document. The State Plan’s policy objectives have been developed in collaboration with local boards and WIOA partners and communicate SJVAC RPU Regional Plan – PY 2021-24 4 California’s intention to create a comprehensive system that impacts poverty, promotes income mobility, and embeds equity as a cornerstone of service-delivery. The plan is built upon six principles, which represent the values, vision, and commitment of the Central Valley’s workforce stakeholders. They include: Support for the Goals of the State Plan: Workforce preparation and economic prosperity are inextricably linked. The State Plan requires approaches that provide opportunities for all Californians to develop in-demand skills, thereby ensuring that industry has the talent it needs to succeed. The Workforce System is Demand-Driven: Industry drives job demand and businesses define skills needed for jobs. It is the obligation of the workforce system to train candidates in these skills, preparing them for careers. Regional Sector Pathways are an Effective Approach to Meeting Demand: Structured, high-quality education, training, and support programs offer opportunities for success for all those preparing for careers. The Workforce System Encompasses All Stakeholders: The system is not merely WIOA programs. Rather, it is comprised of the work, resources, and unique capabilities of all organizations and individuals with a stake in building and maintaining a prosperous, competitive economy. Long-Term Regional Collaboration: The Central California Workforce Collaborative (CCWC) is a manifestation of a partnership that has existed for nearly 40 years. This collaboration has led to many benefits through the joint efforts of the eight WDBs. Economic Recovery is a Regional Workforce System Priority: In many ways, this four- year plan is a Recovery Plan. The region, and the local boards it represents, have never faced a task more daunting or more important. Agility, innovation, and perseverance will be required to ensure that businesses and job seekers thrive during what is likely to be an undulating economic recovery. The workforce development boards of the Central Valley are committed to this goal. Approach to and Context for Plan Development To support plan development, the region contracted with experienced consultants to design the stakeholder engagement process, analyze labor market and workforce data, facilitate community forums, and craft the language of the plan. Local board directors, managers, and staff were active during every stage of the plan development. The Pall of the Pandemic: The onset of COVID-19 was not merely a factor in the development of this plan. It was the factor, as it profoundly impacted workforce system operations, staffing, communications, and relationships, along with the overall capacity of workforce professionals, system stakeholders, businesses and residents to easily SJVAC RPU Regional Plan – PY 2021-24 5 contribute to the plan. Still, as the region faced the prospect of developing a new four- year plan for the region, workforce leaders proceeded with purpose, recognizing their obligation to chart a course forward. The development of the Regional Plan at this unique moment in history has led Central Valley workforce system leaders to take stock of projections for recovery from authorities such as Dr. Nicholas Christakis of Yale University, a renowned physician and social scientist who has studied the course of pandemics throughout history. Dr. Christakis suggests that pandemics are experienced across three phases: immediate, intermediate and post-pandemic. In the case of COVID-19, the immediate phase began in the U.S. last March. It is where we experience the biological shock of the virus and where shutdowns occur. With the availability of vaccines and progression toward herd immunity, this phase is expected to last through 2021. The intermediate phase, which may last through 2023, is where recovery begins to take hold and where communities, labor markets, and individuals continue to experience lingering psychological, social, and economic effects of the virus. The post-pandemic phase, which Dr. Christakis expects by 2024, will signal a return to “normal,” with the caveat that pandemics often result in profound and lasting changes. While we remain hopeful that the region’s businesses and workers will experience full economic recovery as quickly as possible, RPU leadership recognizes that the timeframe outlined above is possible and workforce programs will be ready to respond to regional and local needs under any circumstances. Extensive Engagement with Stakeholders and the Community: The region relied heavily on input from workforce system stakeholders during the development of the SJVAC RPU PY 2017-20 Plan and its 2019 modification. Because of the sweeping effects of the public health crisis brought on by COVID-19, engagement with system partners, other stakeholders, and the community took on even greater significance than it has in the past. In collaboration with Local Board leadership, our consultants held a series of “forums” that engaged participants in discussions on topics about which they had unique insights. The forums posed questions aimed at eliciting responses to inform the content of this plan and the direction of regional strategies over the next four years. Questions posed to stakeholders, included, but were not limited to, the following: • What Central Valley industries have been most affected by the pandemic? • Which worker groups have been most impacted by the effects of pandemic - inexperienced/new workers, older workers, English language learners, others? • For Valley residents, what are the main barriers to securing employment in jobs that pay middle class wages? • What services are needed to put job seekers on a path to the middle class? • Are some populations underserved by the workforce and education systems? • What strategies or approaches could we pursue to make services more accessible and more appropriate for underserved populations? • How could system partners better collaborate on improving services for vulnerable populations? SJVAC RPU Regional Plan – PY 2021-24 6 • What roles should the workforce system partners (business, education, workforce development boards and others) play in ensuring that career pathway training is developed and implemented? Responses were remarkable in their depth, insight, and ingenuity. The RPU’s PY 2021- 24 Plan concludes with a series of regional “priority considerations” for the next four years, the majority of which were recommended by stakeholders during the community engagement process. Coupling Data Analysis with Anecdotal Information: The regional partners believe that the labor market and workforce data analysis presented in this plan is sound. However, the onset of the pandemic has created many uncertainties with regard to projection that the data would typically suggest. Therefore, the content of this plan (particularly the priorities presented in Section VI and the “forecasting” narrative below), draws extensively from not just data analysis, but information, largely anecdotal, provided by system stakeholders. Forecasting the Work Ahead The Central Valley, along with the nation and the world as a whole, is likely to experience an unprecedented number of economic, labor market, workforce, social, and cultural changes that will affect every aspect of life, including the activities and focus of the workforce system. While precise changes are unknown, global experts, national leaders in the field of workforce development, and regional system stakeholders have suggested that they may include the following shifts1 that the region should be prepared to address: How We Work: A recent report from the McKinsey Global Institute predicts that 20 percent of workers (1 in 5) could end up working from home indefinitely. How this affects commercial real estate, work hours, teamwork, hiring, and a range of other factors remains to be seen. Where We Live: If it is not necessary for workers to be within a commutable distance to an office or other workplace, they could, essentially, live anywhere. For the workforce system this raises myriad questions. Should job developers in Madera be outreaching to tech businesses in Palo Alto? Should West Hills College in Coalinga be ramping up new IT courses? How We Learn: With thousands of Central Valley residents having participated in and warmed to distance learning over the past year, what are the implications for training that should be available through the workforce system? If online education is now an acceptable option for WIOA participants, is there a legitimate reason to exclude a virtual course offered by Eastern Maine Community College in Bangor in favor of one offered by Modesto Junior College? 1 Many of the references within this sub-section are excerpted or draw inspiration from the Heather Long’s February 16, 2021 article for the Washington Post “Millions of jobs probably aren’t coming back, even after the pandemic end – The United States needs to invest more in retraining workers, economists warn.” SJVAC RPU Regional Plan – PY 2021-24 7 Need for Cross-Cutting Skills: While many economists believe that, over time, the U.S. will probably employ the same overall number of people that the nation had pre- pandemic, they predict that specific jobs people do are likely to change. Under that scenario, an emphasis on skills used across sectors and jobs (e.g., information technology, verbal and written communication, math and accounting, critical thinking) is more important than ever. A Race to End the Digital Divide: With services of all kinds having become increasing virtual during the pandemic, spending a significant part of our daily lives online is likely here to stay. To ensure that all individuals from all communities are able to participate, government, business, philanthropy and others must devise strategies to ensure access to broadband, hardware, and digital literacy skills. Rapid Automation of Jobs: David Autor of MIT indicates that business automation is accelerating during the pandemic and that “once robots are in place, we won’t go back.” In October 2020, Chewy, an online pet food and supply company, opened its first fully automated fulfillment center in Archbald, PA. The facility employs approximately 10% of those working at other Chewy warehouses. Shuttered Businesses/Lost Jobs: Economists warn that millions of jobs lost during the pandemic, including those at hotels and restaurants, are unlikely to come back. Main Street in Peril: Small businesses have been hit especially hard by the pandemic, as they generally have fewer resources to take them through hard times. Minority-owned businesses have experienced significant losses in the Central Valley, as their customer bases have been disproportionately affected by the pandemic. Decline in Business Travel: In November 2020, Microsoft founder-turned-philanthropist Bill Gates predicted that half of business travel would go away forever. Studies published since that time do not entirely disagree. What will this mean to jobs at airports, hotels, car rental companies, and other businesses throughout the Valley that cater to business travelers? Less Brick-and-Mortar Retail: Online retail has boomed during the pandemic and in- person retail businesses (which were already in decline) throughout the region have closed in record numbers. Beyond store employees, people in security, maintenance, real estate and other occupations have lost their jobs as the result of store closures. Lost Skills: Will the thousands of Central Valley workers who have been unemployed for months experience a loss of skills while away from work? What retraining might such workers need? A Stalled Generation: Some high school and college students who were forced to quickly shift to online learning during the pandemic report learning at a slower pace with less rigorous curriculum than in traditional classrooms, resulting in possibly higher GPA’s for SJVAC RPU Regional Plan – PY 2021-24 8 doing less work. Are these individuals prepared to enter the workforce? Will they be as prepared as necessary? A Competitive Labor Market: In the months leading up to the pandemic, the need for talent by Valley businesses was so strong that individuals who traditionally had more difficulty securing employment (e.g., the re-entry population, mature workers, English language learners) were being hired more quickly than ever before. As employment slowly returns to pre-pandemic levels, it is likely that individuals with barriers will find the labor market much more competitive. Just-in-Time Expectations: Businesses will slowly feel their way back during recovery. As opportunities for growth become available, many companies will find themselves in need of employees on short notice. The workforce system will need to implement strategies to quickly and efficiently source talent to these businesses. Can we respond fast enough to meet the needs of Business? A Growing Equity Consciousness: The expectations of the nation are that all endeavors will commit to equity, diversity, inclusion and access for everyone. Will a changing and, possibly, unstable labor market make this commitment more challenging? Impact of Climate Initiatives on Jobs: As government and business attempt to minimize the impacts of climate change on the environment, will some traditional jobs be lost as a result? A Field Day for Entrepreneurship: Some economists predict that the re-opening of the economy will create opportunities for entrepreneurs seeking to start new businesses. Is the workforce system prepared to support these efforts? A Massive Jobs Bill: The Biden administration’s $1.9 trillion relief package does not include funds specifically for retraining. However, many lawmakers are hoping to include retraining spending in legislation later in 2021. Are local workforce systems in the region prepared for a sudden and substantial influx of funding? Lingering Effects of the Pandemic: We simply do not know what lies ahead. What will be the ongoing effects of the pandemic on workers, businesses and the economy? The workforce system is likely to be in a constant state of planning and pivoting over the course of this Regional Plan. While the foregoing list of possible changes is far from comprehensive, these issues highlight the need for local workforce systems and regional initiatives to be agile, prepared to quickly change course, and capable of taking on challenges both familiar and never before seen. Priorities for consideration by regional workforce leaders and system stakeholders are summarized in Section VI of this plan. SJVAC RPU Regional Plan – PY 2021-24 9 II. ANALYTICAL OVERVIEW OF THE REGION The Regional Plan for the Central Valley provides an overview of the region’s economy and workforce environment and describes collaborative strategies across the eight local workforce development areas. Leveraging external expertise, the SJVAC RPU has completed an analysis of the economic conditions and trends in the region as well as an analysis of the current workforce. In the Fall of 2020, shortly after the State issued preliminary guidance on the development of PY 2021-24 Regional and Local Plans, Stanislaus County WDB, on behalf of the region, competitively procured the services of Resource Development Associates (RDA), a company specializing in research and analysis, particularly for the public sector, to conduct labor market and workforce analysis in areas required for regional planning. In February 2021, RDA published the results of this analysis in its “San Joaquin Valley Regional Planning Unit Data Analysis”. As this report includes dozens of charts, tables, and other graphics illustrating the results of RDA’s analysis, it is lengthy. Key portions of RDA’s narrative and graphics are excepted and comprise much of the analytic content of SJVAC RPU’s four-year plan. The analysis in its entirety is accessible through the hyperlink above. Focus and Organization of RDA Analysis RDA conducted its analysis and organized findings within its report in alignment with preliminary State guidance, as follows: • Analysis of the industries and occupations for which there is existing demand. • Analysis of industries and occupations for which demand is emerging. • Assessment of the employment needs of business, including knowledge, skills, and abilities required. • Analysis of current employment and unemployment data, including labor force participation rates and trends in the region. • Analysis of key labor market trends, including across existing industries and occupations. • Analysis of the educational and skill levels of the workforce. Based on final guidance published by the State Employment Development Department and the California Workforce Development Board, the above-listed analysis and assessment is sequenced in the order represented in the Table of Contents. Data Analysis Tools and Source Data To conduct its analysis, RDA utilized JobsEQ, a software that provides access to labor market data through various data sources, including, but not limited to, the Bureau of Economic Analysis, the Bureau of Labor Statistics, and the Census Bureau. JobsEQ allowed RDA to collect data specifically for the SJVAC RPU. We also supplemented SJVAC RPU Regional Plan – PY 2021-24 10 JobsEQ reports with data from the American Community Survey through the Census Bureau. The final section of RDA’s analysis report provides a demographic portrait of the SJVAC RPU to provide further context to the data presented. RDA Statement on Data Analysis Limitations Resulting from COVID-19 In acknowledgement of the effects of the pandemic, RDA provided the following summary of limitations on available data and the analysis presented in its report. Since March 2020, the COVID-19 pandemic and subsequent shutdowns have caused major disruptions to California’s and the Central Valley’s economic activity, industry growth and output, and employment. The impacts of the pandemic were felt swiftly across the state, where unemployment climbed to a height of 16.2% by April 2020.2 Throughout most of 2020, the economy has slowly improved across the SJVAC RPU, but continues to experience elevated levels of unemployment and labor market volatility due to the loosening and tightening of restrictions in response to changes in the pandemic. Typically, during a recession, economic models look to past recessions with similar characteristics to forecast the recession’s impact on employment, labor market and industry trends, and economic impacts. The COVID-19 recession is unprecedented in many regards. First, this recession itself is unique in that it is driven by a public health crisis rather than typical market drivers. Secondly, characteristics of this recession are somewhat unprecedented in terms of its unforeseen and sudden onset, the near immediate erasure of historically high employment levels and economic growth across the state, the depth of the impact on specific occupations and industries, and the uneven effect it has had across all industries and occupations. Lastly, the shift of the nearly two- thirds of the U.S. workforce to remote settings has also resulted in unevenly distributed impacts across workers, employers, industries, and regions3. These factors have made typical economic models less reliable and, as such, forecasts of industry, occupational, and employment growth are less certain. The forecasts provided in this document do include COVID-19 recession as a variable and align with the general consensus that economic growth will accelerate over 2021 and the GDP will likely return to pre-COVID-19 levels by 20224. That is not to say that the SJVAC RPU’s economic data fully depicts the challenges regions have experienced since March 2020 or can predict with absolute certainty how the recovery across the SJVAC RPU will play out. It will likely take years to fully understand how this pandemic has impacted and transformed the local, regional, and state labor markets and workforce. 2 Employment Development Department, Labor Market Information Division, Report 400 C Monthly Labor Force Data for Counties April 2020, Revised. Data is not seasonally adjusted. 3 Bloom, N. 2020. “How Working from Home Works Out”. Stanford Institute for Economic Policy Research. Policy Brief. June 2020. 4 Congressional Budget Office. 2021. An Overview of the Economic Outlook: 2021 to 2031. Retrieved February 2, 2021 from https://www.cbo.gov/publication/56965 SJVAC RPU Regional Plan – PY 2021-24 11 Recommendations Accompanying RDA Analysis Although the next few years are expected to bring recovery and growth across the state and the SJVAC RPU, there are still levels of uncertainty and change that may impact the region’s industry and workforce. COVID-19 aside, the future of work is expected to experience dramatic changes over the next decade with growing trends towards remote work, shifting consumer demands, technological innovations, and automation of key occupations. The SJVAC RPU and the affiliated local workforce boards should continue to monitor micro and macro industry and occupational trends and look for opportunities to strengthen existing workforce investments, bolster career education pipelines, and develop a modern and in-demand workforce. Analysis of Employment and Unemployment Data In the beginning of 2020, unemployment rates were relatively low in the SJVAC RPU, on par with the unemployment rate across the State. With the onset of the COVID-19 pandemic, there was a sharp increase in the rate of unemployment at the regional and state levels in April 2020. The unemployment rate has decreased steadily since June 2020, although there was a slight uptick at the end of the year in December 2020. Figure 1. SJVAC RPU Monthly Unemployment Rate, 2020 Source: California Employment Development Department, Local Area Unemployment Statistics, 2020. Data for December 2020 is preliminary. The data present is not adjusted for seasonality. Table 1 provides an overview of unemployment rates by each of the SJVAC RPU’s local workforce development areas as of October 2020. Unemployment is highest in Tulare County and lowest in Madera County. SJVRPU, 4.4% 9.4% California, 4.3% 8.8% Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec SJVAC RPU Regional Plan – PY 2021-24 12 Table 1. SJVAC RPU Unemployment Totals and Rates by Region SJVAC RPU Local Region Total Unemployed Unemployment Rate Tulare County 21,182 10.9% Kern/Inyo/Mono Counties 41,592 10.5% San Joaquin County 32,945 10.0% Fresno County 41,673 9.3% Kings County 5,257 9.3% Merced County 10,852 9.3% Stanislaus County 21,885 9.1% Madera County 5,235 8.5% Source: JobsEQ Labor & Wage Trends. Data as of October 2020. SJVAC RPU currently and historically has a higher unemployment rate than the overall state. Often recessions have larger impacts on the region and the region takes longer to recover. The non-seasonally adjusted unemployment rate is likely higher due to the seasonality of work in the agriculture industry. Figure 2. SJVAC RPU Unemployment Rate 2010-2018 Source: JobsEQ Demographic Profile Unemployed, ACS 5-Year Estimates 2014-2018. Figure 3, below, depicts labor force participation and unemployment rates by age groups in 2019. Labor force participation and unemployment by age groups follows the typical bell curve where employment is expectedly low among youth (16 -19) and young adults (20-24). Employment levels peak from ages 25 to 54 then begin to taper off at 55 with a considerable drop after age 64. Similar to state and national trends, unemployment rates are highest among youth and young adults and decline as age increases. SJVRPU, 11.93% 9.68% California, 9.00% 6.70% 2010 2011 2012 2013 2014 2015 2016 2017 2018 SJVAC RPU Regional Plan – PY 2021-24 13 Figure 3. SJVAC RPU Labor Force Participation and Unemployment by Age Group Source: ACS 1-Year Estimates 2019. Data unavailable for Inyo and Mono Counties. Analysis of the Educational and Skill Levels of the Workforce, the Current Needs of Employers in the Region, and Relevant Skill Gaps The analysis conducted by RDA includes both an assessment of education and skills levels of the regional workforce and an assessment of employment needs. Education and Skills Levels of the Central Valley Workforce To assess the education and skill level of the workers in the SJVAC RPU, RDA utilized demographic data from the American Community Survey, five-year estimates (2014-18) and examined awards and skill gaps data provided by JobsEQ. The majority of the region’s population age 25-64 have not been awarded a college degree (75%). Only 8% of the region’s population aged 25-64 has earned an associate degree, while 12% has earned a bachelor’s degree and 5% has been awarded a postgraduate degree (see Figure 4). The unemployment rate is highest among those who have less than a high school degree (13%) and lowest among those who have earned a bachelor’s degree or higher (3%, see Figure 5). Of the traditional college-aged population, those 18-24 years old, 60% are not enrolled in college or graduate school, 36% are enrolled in public school, and 4% are enrolled in private school (Figure 6). 28% 69% 79%76%77%75% 66% 52% 22% 5% 26% 13%9%7%6%6%4%5%5%4% 16 to 19 years 20 to 24 25 to 29 30 to 34 35 to 44 45 to 54 55 to 59 60 to 64 65 to 74 75+ years SJVAC RPU Regional Plan – PY 2021-24 14 Figure 4. SJVAC RPU Educational Attainment, Age 25-64 Source: JobsEQ Demographic Profile Summary, ACS 5-Year Estimates 2014-2018. Figure 5. SJVAC RPU Unemployment Rate by Educational Attainment, Age 25-64 Source: JobsEQ Demographic Profile Unemployed, ACS 5-Year Estimates 2014-2018. Figure 6. SJVAC RPU College/Graduate School Enrollment by Type, 18-24 Years Source: ACS 1-Year Estimates 2019. Data unavailable for Inyo and Mono Counties. Assessment of Employment Needs within the Region To assess employment needs, RDA measured occupational, skill, and awards gaps projected to across the SJVAC RPU’s industries and occupations. Occupational gaps are occupations where labor supply shortages are expected to occur. Gaps are calculated based on a forecast comparing occupation demand growth to the local population growth and the projected educational attainment of those residents. 5% 12% 8% 24% 27% 24% Postgraduate Degree Bachelor's Degree Associate's Degree Some College, No Degree High School Graduate No High School Diploma 13% 9% 7% 3% Less than high school graduate High school graduate (includes equivalency) Some college or associate's degree Bachelor's degree or higher 60%36%4%SJVRPU 18-24 Year Olds Not Enrolled Enrolled in Public School Enrolled in Private School SJVAC RPU Regional Plan – PY 2021-24 15 Employers across the SJVAC RPU are anticipated to experience gaps in workers for specific occupations as shown in Table 2. For example, healthcare practitioners and individuals with skills in other technical healthcare occupations will be particularly hard to hire given existing shortages in this occupations and the level of education, training, certification, and licensure required for these roles. One of the largest awards gaps in the region is for registered nurses and seven of the top ten skills gaps are in health-related certifications. Management roles also represent a large occupational gap and may also be difficult roles for employers to fill given that management roles are generally considered mid-career positions. Community and social services occupations, and education instruction and library occupations, are also occupational gaps that may be difficult to fill given the training and education required for these roles. Computer and mathematical occupations are expected to have a modest occupational gap. However, gaps in this occupational area may be easier to fill as technological occupations offer a wide range of roles across various levels of skills and experience. Table 2. SJVAC RPU Potential Average Annual Occupation Gaps Over 5 years SOC Occupation Annual Supply Gap Current Employment Annual Growth Demand Annual Sep Demand Total Annual Demand Proj. Employ ment Acc. Supply 2025 Acc. Demand 2025 29- 0000 Healthcare Practitioners and Technical Occupations (957) 82,933 1,073 4,959 6,032 93,661 16,435 21,219 11- 0000 Management Occupations (803) 99,769 817 8,960 9,777 107,944 27,388 31,401 13- 0000 Business and Financial Operations Occupations (399) 62,974 481 6,174 6,656 67,787 19,765 21,758 21- 0000 Community and Social Service Occupations (244) 32,343 580 3,687 4,267 38,142 12,310 13,528 15- 0000 Computer and Mathematical Occupations (163) 20,642 195 1,599 1,794 22,592 5,150 5,967 17- 0000 Architecture and Engineering Occupations (104) 16,171 91 1,307 1,398 17,078 4,206 4,728 19- 0000 Life, Physical, and Social Science Occupations (88) 12,066 109 1,172 1,281 13,152 3,628 4,069 31- 0000 Healthcare Support Occupations (50) 83,552 2,523 11,861 14,384 108,786 40,527 40,776 23- 0000 Legal Occupations (42) 8,405 65 550 615 9,051 1,906 2,114 27- 0000 Arts, Design, Entertainment, Sports, and Media Occupations 7 16,675 76 1,877 1,953 17,435 6,025 5,989 49- 0000 Installation, Maintenance, and Repair Occupations 34 53,558 317 5,374 5,691 56,723 19,301 19,130 25- 0000 Educational Instruction and Library Occupations 74 111,418 343 10,217 10,560 114,849 36,677 36,304 33- 0000 Protective Service Occupations 150 37,498 92 4,093 4,185 38,416 14,388 13,636 SJVAC RPU Regional Plan – PY 2021-24 16 47- 0000 Construction and Extraction Occupations 369 66,898 788 7,810 8,598 74,780 27,992 26,145 37- 0000 Building and Grounds Cleaning and Maintenance Occupations 403 47,154 364 6,356 6,721 50,797 22,631 20,618 39- 0000 Personal Care and Service Occupations 529 37,399 354 5,883 6,237 40,942 20,863 18,218 51- 0000 Production Occupations 839 81,810 -40 9,737 9,696 81,408 36,442 32,246 43- 0000 Office and Administrative Support Occupations 905 161,596 -124 18,438 18,314 160,355 65,587 61,063 53- 0000 Transportation and Material Moving Occupations 1,390 162,135 1,146 21,339 22,485 173,600 76,809 69,859 41- 0000 Sales and Related Occupations 1,734 133,587 77 19,245 19,322 134,356 69,496 60,826 35- 0000 Food Preparation and Serving Related Occupations 2,416 115,243 1,367 20,733 22,101 128,915 74,311 62,230 45- 0000 Farming, Fishing, and Forestry Occupations 2,827 160,837 1,378 27,239 28,617 174,620 94,149 80,016 Skills gaps are defined as the difference between the supply and demand for a skill. Positive gaps are surpluses of a skill and negative gaps represent a shortage of a skill. Skill supply is collected by JobsEQ from resume data; demand (openings) is collected from job ads. Many of the in-demand skills in the SJVAC RPU are aligned to occupations where there is both current and forecasted demand. For instance, power tools and heavy equipment operation are skills valued in the construction and extraction industries and related occupations. Other skills, such as Microsoft Office and Excel, are in high demand because they are valued in multiple industries and occupational sectors (Table 3). Table 3. SJVAC RPU Gaps in Hard Skills for All Occupations Skill Number of Candidates Number of Openings Gap Mathematics 3,940 5,818 -1,878 Spanish 8,927 10,548 -1,621 Microsoft Office 9,788 11,319 -1,531 Microsoft Excel 12,900 13,874 -974 Teaching/Training, Job 2,415 3,325 -910 Mechanical 2,535 3,389 -853 Teaching/Training, School 5,167 5,997 -830 Forklifts 4,908 5,666 -758 Microsoft Outlook 5,259 5,957 -697 Manufacturing 2,197 2,625 -428 Power Tools 1,399 1,647 -249 Lean Six Sigma 238 487 -248 SJVAC RPU Regional Plan – PY 2021-24 17 Working with Children 261 496 -235 Barcode Scanners 321 524 -203 Heavy Equipment Operation 508 688 -180 Automated External Defibrillators (AED) 399 573 -174 Presentation 1,379 1,539 -160 Purchasing 545 703 -158 Personal Computers (PC) 353 505 -152 Microsoft Access 451 602 -151 Calculators 134 277 -144 Budgeting 344 477 -133 Mandarin 70 202 -132 Accounting 915 1,044 -129 Source: JobsEQ Skill Gaps in SJVAC RPU. Data as of 2020Q2; openings and candidate sample compiled in July 2019. Awards gaps show the difference between the number of educational awards (which are post-secondary certificates or degrees) and the occupation demand in the region for which each award is required. Negative values represent a shortage of degrees being awarded to meet the demand for the occupation. The positive values represent the surplus of awards, indicating the number of awards is greater than the target range of demand. Gaps also exist between the number of awarded degrees in the region and overall employment demand by occupation. Table 4 demonstrates the awards gaps that are forecasted for SJVAC RPU that will feed into the occupations that are in-demand. The target range includes the US Awards Benchmark and the Annual Demand. Business and financial operations occupations will see an awards gap of 1,018 and healthcare practitioners and technical operations will see a gap of 814 awards. There will be a surplus of awards granted that feed into arts, design, entertainment, sports, and media occupations. Table 4. SJVAC RPU Awards Gaps SOC Occupation Award Gap Awards Annual Demand US Awards Benchmark 13-0000 Business and Financial Operations Occupations (1,018) 1,111 6,579 2,129 29-0000 Healthcare Practitioners and Technical Occupations (814) 4,371 5,895 5,185 15-0000 Computer and Mathematical Occupations (145) 930 1,768 1,075 19-0000 Life, Physical, and Social Science Occupations (129) 1,135 1,264 1,626 25-0000 Educational Instruction and Library Occupations (101) 7,073 10,508 7,174 41-0000 Sales and Related Occupations (65) 100 19,308 166 17-0000 Architecture and Engineering Occupations (62) 1,180 1,387 1,241 23-0000 Legal Occupations (39) 296 607 335 35-0000 Food Preparation and Serving Related Occupations (18) 163 21,738 181 SJVAC RPU Regional Plan – PY 2021-24 18 37-0000 Building and Grounds Cleaning and Maintenance Occupations (6) 43 6,652 49 11-0000 Management Occupations 0 7,309 9,656 6,584 21-0000 Community and Social Service Occupations 0 3,436 4,146 3,217 31-0000 Healthcare Support Occupations 0 3,946 13,703 1,590 33-0000 Protective Service Occupations 0 2,575 4,163 1,459 39-0000 Personal Care and Service Occupations 0 4,380 6,156 1,531 43-0000 Office and Administrative Support Occupations 0 1,736 18,269 798 45-0000 Farming, Fishing, and Forestry Occupations 0 378 28,306 302 47-0000 Construction and Extraction Occupations 0 327 8,453 261 49-0000 Installation, Maintenance, and Repair Occupations 0 1,826 5,641 1,081 51-0000 Production Occupations 0 637 9,679 535 53-0000 Transportation and Material Moving Occupations 0 670 22,271 319 27-0000 Arts, Design, Entertainment, Sports, and Media Occupations 0 2,479 1,938 1,655 Source: JobsEQ Award Gaps by Occupation in SJVRPU. Data as of 2020 Q2; excludes awards from online schools. Analysis of Industries and Occupations with Existing and Emerging Demand RDA’s analysis takes into account both existing industry and occupational demand and demand that is emerging throughout the region. Existing Demand To understand current demand across both industries and occupations, RDA assessed the following indicators: • Percent employment (level of employment) demonstrates the portion of total employment by an industry or occupation for the SJVAC RPU and reflects the level of demand based on the proportion of employment in a given industry or occupational group. • 5-year annual growth (job growth) shows the overall employment trend in an industry or occupational group. This measure uses historical employment data based on moving quarterly average to calculate the average annual increase or contraction of employment in a specific industry or occupational group over a five-year period. • Location Quotient is measure of the relative size or concentration of the region’s industries or occupational group’s employment compared to the national average. SJVAC RPU Regional Plan – PY 2021-24 19 Industries with Existing Demand: In the SJVAC RPU, transportation and healthcare and social assistance are the industries with highest percent employment, job growth, and concentration of sector employment (also referred to as location quotient or LQ). All of the priority sectors, with the exceptions of energy and manufacturing, are industries with a high demand for workers. • Healthcare and social assistance is one of the largest employers in the region and will likely continue that trend based on historical growth and the expanding need for healthcare services that is being driven by both demographics, an aging population across the region, and a large expansion of access to healthcare insurance beginning in 2014 with the Affordable Care Act. • Transportation and warehousing, while encompassing a smaller share of the workforce, has grown by 8.3% per year and has a high concentration of workers compared to national trends. The growth in this sector is likely driven by the expansion of online shopping in the past decade. • Construction accounts for about 5% of all jobs across the region and has grown at 3.1% over the past three years reflecting high demand. While the construction industry’s LQ suggests a lower concentration of construction jobs in the region compared to the national averages, the high percentage of employment in the region and healthy growth point to an existing high demand for workers in this industry. • The public administration and education industries account for a wide swath of the employment across the region (6% and 10% respectively). Both of these industry sectors experience high employment, concentration of jobs, and job growth. As these industries are made up largely of directly or indirectly publicly led and funded agencies, services, and programs, growth in these sectors are heavily driven by tax revenues, demographics, and legislation. • Agriculture makes up a large percentage (13%) of employment and the region has ten-times the number of workers compared to the national average. This is likely being driven by the San Joaquin Valley being one of the leading agricultural producing regions in the world. The low growth in agriculture is likely being driven by automation and technological advances that reduce the number of workers needed as well as geographic limitations on expansion of current agricultural output. Despite the low growth, the seasonality of agriculture employment combined with outsized portion of total employment and LQ indicates that there is employment demand. • Data from the Manufacturing industry suggests moderate to low demand for workers. While manufacturing does account for 7% of the jobs in the SJVAC RPU, these are largely in the agricultural food processing subsectors. The LQ suggest concentration of jobs of in the region below the national average and the industry has experienced negligible job growth over the past five years. This tracks with a national contraction trend for employment in manufacturing where the industry accounts for 8% of all employment but has seen only 0.3% in annual job growth over the past five years. SJVAC RPU Regional Plan – PY 2021-24 20 Accommodation and food services and retail are often interconnected service industries that account for a large portion of employment in the region (respectively 10% and 7%). While jobs in accommodation and food services have grown at an annual rate of 0.8%, the retail industry has experienced a contraction in job growth at a rate of -0.3% annually. The contraction in retail jobs is likely being driven by multiple factors including growth in online retail and regional economic trends. However, the size of total employment in these industries suggest there is ongoing demand for workers. Occupations with Existing Demand: To understand occupations with existing demand, RDA used similar indicators (% employment, LQ, and annual growth) to assess demand by two-digit SOC occupations. Table 5, below. depicts SJVAC RPU occupations with moderate to high demand as of Q2, 2020. For the most part occupational employment demand is similar to employment demand by industry with healthcare, social services, and transportation and warehousing showing the strongest employment demand. Table 5. SJVAC RPU Occupations with Existing Employment Demands, 2020 Q2 Occupation % of Total Employment LQ 5-year Annual Growth Rate. Employment Demand Healthcare Support Occupations 5% 1.18 5.2% High Demand Community and Social Service Occupations 2% 1.17 3.5% High Demand Transportation and Material Moving Occupations 10% 1.22 3.1% High Demand Healthcare Practitioners and Technical Occupations 5% 0.90 2.6% High Demand Farming, Fishing, and Forestry Occupations 10% 15.59 0.6% High Demand Educational Instruction and Library Occupations 7% 1.23 1.8% High Demand Protective Service Occupations 2% 1.07 2.1% High Demand Construction and Extraction Occupations 4% 0.90 1.6% Moderate Demand Installation, Maintenance, and Repair Occupations 3% 0.87 1.3% Moderate Demand Management Occupations 6% 0.96 0.9% Moderate Demand Food Preparation and Serving Related Occupations 7% 0.89 0.6% Moderate Demand Business and Financial Operations Occupations 4% 0.71 1.9% Moderate Demand Office and Administrative Support Occupations 10% 0.79 0.3% Moderate Demand Source: JobsEQ Occupation Snapshot, 2020Q2 based upon a four-quarter moving average, ranked by Percent of Total Employment. Proportion of total employment is calculated out of a total of 1,604,661 employed in the region. SJVAC RPU Regional Plan – PY 2021-24 21 Emerging Demand To assess emerging demand across regional industries and occupational sectors, RDA assessed the following indicators based on a four-year forecast: 5 • Total Demand is the number of jobs demanded in the industry or occupation over the number of forecasted years. Total New Demand is the sum of Exits, Transfers and Employment growth, which are defined as follows:  Exits is the number of workers forecasted to leave the workforce.  Transfers is the number of workers expected to transfer from one industry to another.  Employment Growth is the forecasted number of new jobs that are expected to be created. • Annual % Growth is the forecasted average annual employment growth in a given industry or occupation. Emerging Demand Industries: Over the next four years, healthcare and social assistance is expected to continue to be an industry centered around job demand. The projected job growth in this industry is estimated at 1.9% annually. Similar to current demand, construction, transportation and warehousing, agriculture, and accommodation and food services area also expected to continue to grow over the next four years. Other notable emerging industries include: Professional, scientific, and technical services industry is a much smaller industry in terms of employment that is showing signs of emerging job growth over the next four years. From 2015-2020, this industry in SJVAC RPU had negligible growth (0%) but is expected to grow modestly at an annual rate of 0.9% over the next four years. Mining, Quarrying, and Oil and Gas Extraction is an industry where new demand is projected to emerge with the second highest growth projection of 1.2%. It is unclear what is driving this as historically this industry contracted by -6% over the past five years. Similar to the oil and gas markets, job demand seems highly volatile in this industry. Emerging Demand Occupations: Job demand is expected in various occupations across the SJVAC RPU. In particular occupations within the healthcare and social assistance industry are expected to continue to grow over the next four years. It is also forecasted that there will be demand for workers in occupations in the following sectors: • Food preparation and serving 5 Forecast employment trends is based on projections from the Bureau of Labor Statistics, forecasts for 2018-2028, adapted for regional growth patterns by JobsEQ. SJVAC RPU Regional Plan – PY 2021-24 22 • Construction and extraction • Personal care and service • Farming, fishing, and forestry • Transportation and material moving Each of these areas are expected to have positive job growth as an annual percentage and large total employment growth over four years. In addition, most occupations in these industries offer both entry-level and mid-career employment opportunities. III. FOSTERING DEMAND-DRIVEN SKILLS ATTAINMENT Labor market information and intelligence gathered from representatives of businesses in priority sectors help to inform the content and quality of local and regional workforce programs. In-Demand Industry Sectors for the Region Under the SJVAC RPU’s PY 2017-20 Regional Workforce Development Plan, the partners selected the following sectors as priorities: • Advanced manufacturing • Construction (including public infrastructure) • Energy (including green energy) • Healthcare • Transportation and logistics • Agriculture The SJVAC Regional Plan continues to prioritize these sectors due to their prevalence within the region, and predicted strength when full economic recovery is realized. As noted in the region’s last plan, while manufacturing and energy do not show significant growth, there is demand for workers in these industries based on worker replacement considerations (manufacturing) and subregional demand for workers (energy). Additional sectors show emerging growth and opportunity to create significant numbers of jobs. The following is a summary of key data pertaining to the region’s priority sectors and related occupations, which is drawn principally from RDA’s analysis. Despite recent economic challenges due to the COVID-19 pandemic, data indicates that the SJVAC RPU is situated to grow economically over the next five years. Unemployment has decreased over 2020 and will likely continue to drop to near pre-COVID-19 levels over the course of 2021. The region has many of the ingredients needed for healthy economic growth: a large working age population and a high rate of workforce participation, historical and forecasted growth across a diverse mix of industry sectors, job demand across a range of occupations with varying education or training requirements, and an economy that offers opportunities to workers at various stages of SJVAC RPU Regional Plan – PY 2021-24 23 their career. While many industries are forecast to continue to grow modestly over the next five years, a large portion of economic growth and job development in the SJVAC RPU is situated in a handful of sectors, specifically within healthcare, transportation and warehousing, and construction. The healthcare industry is the largest generator of jobs for the SJVAC RPU and is expected to continue to grow at a rate of 3.6%. Occupations in healthcare support, healthcare practitioners, and social service providers are all projected to grow over the next five years and have a higher demand for qualified workers than the available regional labor supply. Given the growth and demand in this industry/occupational sector, investment in the region’s healthcare career technical education pipeline should remain a priority for the region’s workforce development partners. The transportation and warehousing industry and related occupations represent a unique opportunity for the region. The growth of this industry and associated occupations have demonstrated high growth (8.3% annually) over the past five years and has a higher-than- average local demand. This trend is likely driven by several factors including growth of online shopping and ecommerce with notable growth during the pandemic as well as the SJVAC RPU’s strategic location along California’s main transportation corridor and availability and affordability of land for developing large distribution centers. Many of the occupations in this sector are entry-level, but they do offer decent wages and are opportunities for job seekers entering or reentering the workforce or job seekers that experience barriers to employment. The construction industry is also expected to continue to experience healthy job growth at a rate of 1.1% annually. Similarly, construction-related occupations are also expected to add over 3,000 jobs to the region and grow at a rate of 1.2% annually. This trend will likely be driven by construction projects in both the Central Valley as well as large urban areas adjacent to the SJVAC RPU such as the San Francisco Bay Area and potentially the Los Angeles region. As indicated in the preceding section, while data from the Manufacturing industry suggests moderate to low demand for workers, it remains a priority for the Central Valley. It accounts for 7% of the jobs in the RPU, which are largely in the agricultural food processing subsectors. Ties to agriculture make the sector a priority for the region. Energy production industries and subsectors include employment in either the mining, quarrying and oil and gas extraction industry sector and the utilities sector. While these sectors are much smaller, more volatile, and situated across multiple sectors, they are a strategic industry for the region given the growth potential for renewable (solar) energy as well as the contributions the industries make to the local economies in terms of employment, career opportunities, and tax revenue. Combined, both of these sectors account for only slightly over 1% of total employment, however, it is an industry that has a high Location Quotient (LQ) and has demonstrated outsized growth in certain subsectors. The solar power generation subsector in particular is likely to continue to grow. While it only employs around 250 workers currently, it has an LQ of 5.83 and SJVAC RPU Regional Plan – PY 2021-24 24 employment growth over the past five years was 36.8% annually. It is projected to continue to grow at 3.8% annually over the next three years. This is likely being driven by the growth of solar farms across the region over the past decade and the growing popularity of and investment in renewable energy. On the other hand, employment in oil and gas extraction is far more common than renewable energy generation and likely driven by the extensive oil and gas operations in Kern County. However, historically employment growth in the sector is quite volatile and is expected to contract over the next three years at about 1% annually. While the U.S. economy is still highly invested in fossil fuels, it is reasonable to expect a gradual decline of employment in the oil and gas extraction subsector over the next five to ten years. It is also important to note that the average salaries in the utilities and extraction sectors far outpace the region's average annual salary with an average salary of $108,139 and $101,026, respectively. Agriculture will continue to be a behemoth in terms of the total percent (13%) of employment for the region. However, job growth in agriculture is expected to be flat or slightly contract. This is likely due to both advances in agricultural technology and the use of automation that reduce labor demand as well as geographic limitations on farmable terrain. It is also worth noting that agriculture jobs are often labor intensive and offer some of the lowest wages in the region. However, for the foreseeable future, agriculture will continue to account for a significant percentage of employment across the region. RDA’s analysis noted that there are several industries and occupations within the SJVAC RPU that are potentially new and emerging opportunities that workforce partners may want to consider developing career education pipelines in. Industries with potentially emerging job growth are professional scientific, and technical services and mining, quarrying, and oil and gas extraction6 industries. From an occupational standpoint, there is a growing occupational demand in protective services specifically for security guards as well as a notable demand for installation, maintenance, and repair occupations. It is also worth noting that these are careers that offer sustainable wages and have less demanding training requirements for entry. The retail trade and accommodation and food services industries have experienced outsized employment contractions due to COVID-19. While a rebound is expected once social distancing measures are fully lifted, it is unclear if these industries will rebound to pre-COVID-19 employment levels. As a large share of the retail economy has shifted to online sales, it is not clear the extent to which this sector will return fully to a brick-and- mortar economy. Retail has historically been a large generator of entry and mid-level jobs; a permanent contraction in this industry and occupation could impact employment trends especially for entry-level jobs. While the accommodation and food services industries and occupations have also seen a contraction over 2020, it is unclear if pre-COVID-19 employment levels will resume in this industry. 6 This is industry demand is largely concentrated in Kern County. SJVAC RPU Regional Plan – PY 2021-24 25 Sector Initiatives There are fully developed sector-focused career pathway programs in the Central Valley, many of which were developed based on specific requests from and input by industry. Other initiatives are emerging. While many of these sector initiatives already cross local boundaries, others are suitable for scaling up throughout the region. Examples of current and anticipated sector initiatives include: Healthforce Partners - Healthcare The healthcare sector in the Northern San Joaquin Valley needs qualified workers. Community residents want to pursue healthcare careers. To achieve these compatible goals, healthcare employers, educators, workforce development professionals, and community leaders worked together to launch an innovative partnership: HealthForce Partners Northern San Joaquin Valley. The mission is to serve as a catalyst to improve career pathway opportunities for community residents and to increase the supply of skilled healthcare workers. HealthForce Partners brings together leaders from healthcare, education, and workforce development to develop strategies that meet the needs of the region’s employers and expand educational and work opportunities for community residents. The partnership convenes key stakeholders to identify workforce gaps and develop solutions to address them. Programs include, but are not limited to: Registered Nursing, Certified Nursing Assistant, Medical Assistant and Behavioral Health. Tulare - Kings Health Care Partnership – Healthcare This industry-driven partnership addresses the workforce, education, training, and competitiveness needs of the healthcare industry in Tulare and Kings counties. Established in 2009, it has 6 participating organizations representing over 9,000 employees. The partnership hosts an annual exploratory career conference for high school students, plans and facilitates an annual teacher externship event, and works to address industry pipeline needs though ongoing partnerships with education and workforce development. Tulare County WIB provides staffing support for this partnership. South Valley Industrial Collaborative - Manufacturing The South Valley Industrial Collaborative (SVIC) is a partnership for community excellence that provides a platform to build industry-led, industry-driven, and community- supported partnerships to strengthen economies in the South San Joaquin Valley. This partnership grew out of an Industrial Advisory Board for which the WIB provided staffing support. It is now an industry controlled 501(c)(6). The South Valley Industrial Collaborative provides a sub-regional platform for San Joaquin Valley industry and businesses to collaborate and connect with regional, state and national partner organizations to support the region's efforts to become a globally competitive location for manufacturing and industrial jobs. Key priorities for the SVIC Focus Teams: are Talent SJVAC RPU Regional Plan – PY 2021-24 26 Acquisition, Development & Retention; Policies and Regulations Impacting Business; and Infrastructure. Tulare - Kings College and Career Collaborative – Multiple Industries Workforce boards from Tulare and Kings counties co-facilitate a workgroup to strengthen and scale industry partnerships. This year, the workgroup has prioritized the launch of three regional industry-advisory boards to connect education and industry. Workgroup members include representatives from chambers of commerce, k-12, post-secondary, and workforce development. Volunteers have agreed to staff and support the advisory groups, develop an industry-focused structure, participate in facilitation of training, and launch three regional advisory boards - Business and Finance; ICT; and Arts, Media, and Entertainment. The workgroup is also considering advisory boards for Manufacturing and Product Design and Building Trades and Construction. Biomethane Production – Green Energy The Central Valley has seen substantial renewable energy production and infrastructure construction over the last five years. One area that is evolving and on the cusp of moving from small independent operations to more commercial production is biomethane producing anaerobic digesters, which use organic matter (dairy manure was the first) to produce two key products: renewable biomethane that is fed back into the grid through current infrastructure and remaining organic matter that is used as a natural fertilizer for agriculture. Growth is being spurred by new regulations. Specifically, the Mandatory Commercial Organics Recycling provisions put in place in 2016 under AB 1826 which phased up in September 2020. These provisions require all businesses with more than 2 cubic yards of solid waste to recycle a minimum of 50% of their organic waste, rather than dispose of it in the land fill. This has created a secondary market for the purchase of organic wastes which supports transport, builds supporting equipment, and provision of supporting infrastructure from SCE and PG&E. The first large scale projects in the upper and lower parts of the Central Valley (complexes at least 100 acres each) are now halfway through their feasibility studies. The workforce system is ready to begin to provide training and placement services to support this emerging energy subsector. Valley Build – Construction The SB-1-funded Valley Build High Road Construction Careers (HRCC) project is led by the Fresno Regional WDB and serves an expansive region that includes the following fourteen (14) counties: Alpine, Calaveras, Fresno, Kings, Inyo, Kern, Madera, Mariposa, Mono, Merced, San Joaquin, Stanislaus, Tulare, and Tuolumne. The project provides inclusive access to MC-3 pre-apprenticeship training and related services that enable individuals from all backgrounds to qualify for employment and acceptance into apprenticeships in the skilled building and construction trades. A goal of the project is to build a network of community partners throughout the region to promote Valley Build and to recruit target candidates for pre-apprenticeship training. SJVAC RPU Regional Plan – PY 2021-24 27 IV. ENABLING UPWARD MOBILITY FOR ALL CALIFORNIANS Workforce system leaders throughout the Central Valley fully support the State Plan’s focus on ensuring that workforce and education programs are accessible for all Californians, especially populations who experience barriers to employment. The region is committed to promoting access for everyone to training and services needed to prepare for careers that offer opportunities for long-term economic self-sufficiency and economic security. Working with Businesses that Provide Quality Jobs The eight local boards all focus on identifying businesses that pay competitive wages and offer benefits and matching qualified job seekers to openings with these businesses. Still, the nature of our work requires local workforce systems to assist job seekers from a wide range of backgrounds with varying levels of skills and experience. Local boards’ strategies concentrate on the use of career pathway programs to train and prepare job seekers to become competitive candidates who qualify for good jobs that are commensurate with their skills and experience. Job placement on a path to a high road job is the first step for many participants. High Road Jobs Strategy The local boards have prioritized sectors that represent high demand, high wage jobs. Such jobs exist in healthcare, logistics, construction, manufacturing and other industries targeted by the region. Companies in these sectors that pay the highest wages and offer best overall packages to employees are those that are highly competitive and/or have unique positions within the economy. They include large companies, utilities, public agencies, and businesses whose workers are represented under collective bargaining agreements, among others. There are also small and medium sized businesses that offer very attractive wages and benefits in an attempt to secure the best talent so the businesses can grow and to fare better in the marketplace. As stated above, the local workforce system targets these companies and refers candidates who are qualified for available jobs. Because many of the job seekers we work with have limited work experience and entry-level skills, local boards also work with a wide range of other businesses, including those with jobs paying lower wages and offering fewer benefits. These jobs are not intended to be jobs with no potential for advancement. Rather, for job seekers on a career path, they provide the opportunity to gain experience, build their resumes, and put skills (including those that are newly acquired as the result of training) to work in a competitive work environment. The jobs are a step on a career path to high skilled, high wage, high road jobs. Focus on Career Pathways The SJVAC RPU boards offer regional career pathway strategies that begin with information. Career Pathways information is available through a regional initiative that culminated in the development of a website, www.careersinthevalley.com, which SJVAC RPU Regional Plan – PY 2021-24 28 encompasses the SJVAC RPU. Job seekers engage in career exploration that informs their choices about the jobs and careers they want to train for and increases their knowledge about training, skills, and experience necessary for these jobs and careers. For example, healthcare is the sector with the highest demand for jobs in the Central Valley and it provides a range of career ladder and career lattice opportunities. Most job seekers do not come to the one-stop system with skills that will enable them to become a Registered Nurse (RN) within a year. However, there are less skilled positions that can be trained for in that timeframe. Workforce system participants understand the steps necessary to move from a Certified Nursing Assistant position to that of RN. It is part of the career path they have selected. The entry-level job and the wages its pays are a stop on the way to the destination. Promoting Job Quality The local boards promote job quality by looking for the best job matches for participants at all skill levels. They also do so through their investments, such as focusing on on-the- job training positions that pay wages above a certain level and only approving training that prepares individuals for high demand jobs in priority sectors. There is no structure through which a “region” can adopt policy. Policy is the purview of workforce development boards. Workforce leadership will continue to engage board members in discussions about job quality to determine what fits best with the policy framework of their local workforce systems. Shared Target Populations and Targeted Service Strategies While the SJVAC RPU covers a massive geographic area representing about one-fourth of California’s geography, there are many commonalities throughout the region, including populations that are most in need of workforce services. The region’s ability to identify shared populations and develop common strategies to meet the needs of these job seekers is enhanced by the WDBs’ commitments to collaboration that are described in Section V of this plan. Shared Populations Across the entire region, target populations include English language learners, individuals who lack a high school credential, those who are basic skills deficient, CalWORKs recipients, individuals with disabilities, formerly incarcerated individuals, non-custodial parents with child support enforcement orders, disconnected youth, and veterans. At a sub-regional level, there are also target groups shared by two or more boards. For example, boards in the northern part of the Valley serve many individuals who become commuters to jobs in the Capital region and the Silicon Valley. Counties which are home to the Valley’s largest cities are increasingly focused on working with homeless and housing insecure individuals and families. Also, five of the region’s boards are participating on a grant addressing individuals experiencing opioid addiction. Local boards agree that many served by their workforce systems have multiple barriers to employment. SJVAC RPU Regional Plan – PY 2021-24 29 Targeted Service Strategies The region’s local boards use many of the same strategies to address the needs of target populations. Often, due to distance factors, these are common strategies among the local boards, rather than systems that share providers or services. Joint grants in which multiple boards participate (e.g., Prison to Employment, Disability Employment Accelerator, VEAP) offer opportunities to apply common service strategies for target populations. One example is the use of Navigators across many grants. This strategy has proven successful in working with job seekers with disabilities, English language learners and other vulnerable populations. Moving forward, regional workforce leaders expect many opportunities to identify services strategies that may be effective for target populations across many local areas. As the boards address workforce needs during economic recovery, issues will likely arise that require new approaches that could be developed regionally and implemented locally. Working with Businesses and Training Providers to Ensure that Historically Unserved and Underserved Communities have Equal Access Each of the local boards represented by the SJVAC RPU supports and promotes equal access to all services and activities of its local workforce system. As such, workforce leaders and system staff will continue to use and will improve upon messages that communicate our commitment to equity. Promoting Equal Access The workforce system relies on required system partners, community-based organizations, local government, economic development, education and training providers, and local businesses to achieve the goals and performance objectives of WIOA and related programs. Working together effectively requires that stakeholders share common principles that guide their work. While it is our hope that all partners are fundamentally committed to providing equal access to opportunities for services, training, and employment, it is our intention to ensure such access exists. Clear and consistent information and messaging is key to increasing the shared commitment all of stakeholders to providing equal access for all job seekers. The Central Valley is wonderfully diverse in terms of ethnicities, nationalities, religions, cultures and languages. The power of this diversity provides a platform for local boards to communicate to providers and businesses the importance of equal access in all transactions. Each local board has and will continue to adopt its own approaches to promoting equity, leveraging ideals, values, and messages that resonate in the communities they serve. Workforce System Commitment to Equity As expressed in the introduction to this plan, the region’s workforce leaders are committed to equity, diversity, inclusion and access in every aspect of their operations and programs. Several of the local boards have included within their PY 2021-24 Local Plans their intentions to communicate the workforce development board’s position on equity. In many SJVAC RPU Regional Plan – PY 2021-24 30 cases, this may be in the form of a formal policy. As stated above, there is no structure for the adoption of policy at a regional level. However, it is possible that the boards can share their local-level efforts, and that a protocol for workforce system equity can be developed that would provide a framework for all boards as they consider the adoption of policies related to equity. V. ALIGNING, COORDINATING, AND INTEGRATING PROGRAMS AND SERVICES As described, the workforce development boards of the Central Valley have a long history of collaborating on sector strategies, initiatives serving key groups, and on the design, development, operation and administration of successful workforce programs regionally and sub-regionally. Local boards within the region consistently strive to use limited resources as effectively as possible. The following is an overview of current and potential future efforts to achieve regional coordination and alignment of services, systems and strategies. Regional Service Strategies Regional agreements, strategies and initiatives include the following: Central California Workforce Collaborative Regional Agreement For nearly a decade, the boards that comprise the SJVAC RPU have had a memorandum of understanding (MOU) in place that provides a framework for collaboration among the local boards and creates opportunities to coordinate, especially with regard to special projects and initiatives that cross local area boundaries. The purpose of the MOU is to maintain cooperative and mutually beneficial relationships. The MOU describe CCWC members as “a confederation of equals.” The CCWC operates under a general working structure, rather than as an entity. Both the current and prior MOUs stress the importance of collaboration with regard to securing regional funding and the leveraging of resources to strengthen the workforce system throughout the Central Valley. The MOU emphasizes the independence of the eight boards and the fact that all parties agree to respect one another’s organizational practices and management structures in the execution of collaborative activities. The agreement empowers the boards to: develop and implement collaborative efforts at a regional and sub-regional level; conduct formal and informal meetings under the CCWC name to discuss best practices; utilize the CCWC name in sponsorship materials for third party organizations; and, project by project, designate local workforce development boards as the “lead agency” for regional and sub-regional initiatives. Furthermore, the CCWC MOU establishes a format for meetings, which may be held in person, via electronic media, or through conference calls, and for keeping minutes of scheduled meetings. Responsibilities for organizing meetings rotate among the boards. The agreement is periodically reviewed and updated, confirming the value that the boards place on cooperation and bringing greater capacity and resources to the region. SJVAC RPU Regional Plan – PY 2021-24 31 Central Valley Industry Engagement Roundtable Supporting regional and local efforts to serve business is the Central Valley Industry Engagement Roundtable (CVIER), which includes participation by all eight local boards in the Central Valley and Mother Lode WDB. Also participating in CVIER are EDD, the Small Business Development Center, the California Workforce Development Board, and the California Labor Federation. The group meets monthly to coordinate messaging and discuss rapid response and other strategies for the region. CVIER members have identified needs to increase staff knowledge about labor market information, Incumbent Worker Training, rapid response services, and sector partnerships. Regional and Sub-Regional Grants One of the longstanding benefits of collaboration among local boards in the Central Valley has been jointly securing competitive grants. Based on the focus of the proposed projects, collaborative grants may include participation by WDBs throughout the region or as few as two local boards. Recent examples of regional and sub-regional grants include: • Veterans Employment Assistance Program: Stanislaus County (lead), Madera County, Merced County and San Joaquin County WDBs. (pending award) • English Language Learner Grant (EIT with three county adult education partners): Merced County (lead), Stanislaus County and Madera County WDBs. (pending award) • Opioid Grant: Merced County (Lead), Kern, Inyo, Mono WDB’s. • Prison to Employment Grant (P2E): San Joaquin County (lead), Stanislaus County, Merced County, Madera County, Fresno County, Tulare County, Kings County, and Kern/Inyo/Mono Counties WDBs. • SB1 Grant: Fresno Regional (lead), San Joaquin County, Merced County, Mother Lode, Madera County, Kings County, Tulare County and Kern, Inyo, Mono WDBs. • Disability Employment Accelerator Grant, Veterans (DEA): Kern, Inyo, Mono (lead), and Kings County WDBs. Regional Scaling of Local Models As described in connection with regional sector strategies, bringing successful local models to scale throughout the region is an ongoing goal for the SJVAC RPU. An example of a local initiative that many local boards are interested in replicating is the apprenticeship programs that have been developed by the San Joaquin County WDB in partnership with local high schools and county government. Regional Administrative Cost Arrangements While the region does not have any formal administrative costs arrangements in place, local boards’ collaborative efforts do yield efficiencies. An example is a shared agreement with a one-stop operator that benefits five local boards. Madera County WDB manages as master agreement with the vendor (ProPath, Inc.), which separately invoices each SJVAC RPU Regional Plan – PY 2021-24 32 local workforce area for the services it provides. Participating WDBs include Madera County (lead), Stanislaus County, Merced County, San Joaquin County and Kern-Inyo- Mono. Additional collaborative initiatives currently under consideration by the local boards, include: • A single local board to function as a regional Eligible Training Provider List Coordinator; • A single local board to function as a multi-WDB Monitoring Coordinator; • Joint marketing efforts benefitting multiple local boards; and • Coordination by a local board of procurement of an AJCC Certification consultant. VI. PRIORITY CONSIDERATIONS FOR PROGRAM YEARS 2021-24 Based on input that regional workforce leaders and stakeholders provided during discussions held throughout the planning process, the following topics have been identified as priorities for further examination, exploration, development, and/or enhancement as the regional partners implement the new four-year Plan. The Directors of the RPU’s eight local boards will work with their WDB members, elected officials, business leaders, and local partners and stakeholders to set the agenda for review of these priorities and, following such review, determine where, when and how action should be taken. Protocols and Policy Frameworks 1. Draft a policy framework around quality jobs that could be shared with local boards and serve as a resource for development of policies at the local level. 2. Draft a policy framework covering equity, diversity, inclusion, and access which local boards could reference as they consider policies. Recovery Strategies 3. Determine how elected officials, local government, economic development, education, and workforce development can coordinate resources and develop joint strategies to support businesses and workers in recovery from the recessionary effects of the pandemic. 4. Evaluate the capacity of workforce, education, and support systems to meet the surge of demand as the pandemic subsides and tens of thousands of Valley residents all seek employment, training, education, childcare, transportation and other services over a short period of time. Develop plans to increase capacity. SJVAC RPU Regional Plan – PY 2021-24 33 5. Assess the effects on various populations, such as women and Latinos, who, according to numerous reports, have been most significantly affected by and experienced the greatest losses as the results of the pandemic. Identify both broad-based and population-specific approaches to address community and individual needs. 6. Entry-level jobs in food service, hospitality, and retail have long served as “gateway” jobs for first time and other inexperienced workers. Jobs in these sectors have been severely impacted by the pandemic, with many businesses having closed with little or no likelihood of re-opening. Without sufficient availability of these jobs, the region and local areas will need to identify other options for entry- level jobs. 7. Develop strategies to assist vulnerable individuals and priority populations in securing employment within reopening, transitional, and post-pandemic job markets which are likely to be much more competitive than they were during a near full employment economy, which preceded the pandemic. 8. Assess the need for services to address the stress and trauma that individuals, families and communities have experienced throughout the pandemic and how these effects may influence their participation in the workforce and performance on the job. 9. Assess the capacity of workforce, education, and service agencies to rapidly mobilize services and deploy resources in response to a significant influx of grant funds were they to become available through federal programs. 10. Assess the extent to which jobs with companies in the Bay Area, across the country, and around the world are now available to Valley residents. Whether these jobs are in customer service, information technology, or another field, what does the availability of work from home jobs suggest for training and education programs offered in the region? Demand Side Focus 11. Determine the capacity in the region to support entrepreneurs through training, access to capital, and other resources/support. 12. As businesses express their evolving workforce needs to economic and workforce development professionals, including skills needed by workers, a strategy is required to communicate these needs rapidly to education partners to accelerate the enhancement/development and deployment of training to correspond to need. 13. Identify businesses’ needs to retrain and/or upskill workers to meet new workplace demands, including changes brought about by the pandemic. Assess how commitment of limited resources to incumbent worker training will affect the SJVAC RPU Regional Plan – PY 2021-24 34 balance of funding available to support individuals who are unemployed or are new entrants to the workforce. 14. Determine the extent to which small businesses, particularly those that are minority-owned, need support to recover, which may include for some, reopening strategies. Supply Side Focus 15. Assess the extent to which skill loss has occurred among workers who have been unemployed for many months and determine what remedial or refresher training may be required whether through didactic instruction or work-based learning. 16. Develop and implement training modules focused on communication, behaviors, and attitudes used during interactions (e.g., learning, interviews, meetings, work) via virtual platforms. 17. For young workers, who may be new entrants to the workforce, determine the effects of school closures and the implementation of online instruction on what and how well they have learned. Identify what supplemental instruction, remediation, tutoring and other services may be needed to address learning losses and academic skills gaps. 18. Increase the availability of skill transferability assessments to determine the extent to which an individual’s skills, which were previous used in one industry, may be applicable to other jobs in that industry or to employment in another sector. 19. Develop options for addressing the lack of digital access experienced by individuals and communities throughout the Central Valley. Options must address the needs for access to the Internet, hardware, and digital literacy skills. 20. With warehousing, manufacturing, agriculture and other jobs in the Central Valley making increasing use of technology, including AI and robotics, what training is needed for incumbent workers and job seekers? Partnerships 21. Identify additional opportunities for community-based organizations to more effectively connect to the workforce system and to serve as points of access to education and workforce programs that support underserved and vulnerable populations in preparing for jobs and careers. 22. Assess the need to enhance or expand partnerships with organizations that address issues that have been magnified as a result of the pandemic, such as homelessness, food insecurity, addiction, and mental health. SJVAC RPU Regional Plan – PY 2021-24 35 Communications and Messaging 23. Assess customer recognition and understanding of workforce services throughout the Central Valley and of the brands used by providers. Identify strategies to increase awareness and understanding of the workforce system by key customer groups. Regional Scaling of Locally Successful Models 24. Identify populations, industries and initiatives that could benefit from the use of skilled Navigators to increase the effectiveness of services and to improve the outcomes achieved by job seekers and businesses. 25. Assess the replicability of apprenticeship programs that have been implemented in various local areas and determine the need for and feasibility of upscaling these programs throughout the region or to specific areas. 26. Examine local initiatives to develop workers’ skills for an economy that is changing due to climate initiatives and determine how such training could be expanded regionwide. 27. Conduct a comprehensive assessment of services and training that have been implemented on virtual platforms and identify best practices that could be adopted throughout the region. Several of the foregoing priority considerations are aligned with indicators established by the California Workforce Development Board that demonstrate coordination within regions. Over the four-year span of the SJVAC RPU Regional Plan, local boards will record and track efforts that are ultimately made in connection with these considerations. SJVAC RPU Regional Plan – PY 2021-24 36 VII. APPENDICES The following Items are Included as part of the Local Plan. Attachment 1: Stakeholder and Community Engagement Summary Attachment 2: Public Comments Received that Disagree with the Local Plan Attachment 3: Signature Page SJVAC RPU Regional Plan – PY 2021-24 37 Attachment 1 Stakeholder and Community Engagement Summary To facilitate the engagement of stakeholders in regional planning for the workforce development delivery system and the development of the PY 2021-24 Regional \ Plan, the SJVAC RPU hosted a series of ten community and stakeholder forums focused on topics affecting strategies and services across the system. These forums included: The Regional Economy – Through the Eyes of Business and the Community: The Four-Year Regional Plan will include an analysis of regional labor market data, growth industries and demand jobs. Workforce leaders, however, realize that data, no matter how recent, will not tell the full story of the regional economy, as COVID-19 has dramatically changed and continues to alter the economic landscape. As our plan must address the goals of the workforce system from 2021 to 2025, we want to supplement statistics with local experiences told in the voice of workers, businesses, and stakeholders. This forum was held via Zoom on: • December 17, 2020 (hosted by San Joaquin County WDB) • January 7, 2021 (hosted by Madera County WDB) • January 27, 2021 (conducted in Spanish and hosted by Stanislaus County WDB) • One-hundred six (106) individuals attended the Regional Forum topic Accelerating the Development of Career Pathways for Priority Sectors: Regional stakeholders have worked to develop career pathway programs that are aligned with regional workforce needs and result in industry-recognized credentials. As we embark upon planning for the next four years, we must address how business, education, and the workforce system can work together to strengthen and expand the development of career pathway programs that reflect the needs of industry throughout the region. This forum was held via Zoom on: • January 6, 2021 (hosted by Stanislaus County WDB) • January 20, 2021 (hosted by Kern, Inyo, Mono WDB) • Seventy (70) individuals attended the Regional Forum topic Building a “Big Tent” Workforce System: Leaving no Worker Behind: While the workforce system serves everyone, individuals with barriers to employment take advantage of the system less often than other Valley Residents. Workforce programs should be easily accessible to all and make certain that everyone has access to a marketable set of skills leading to good jobs that enable self-reliance. This forum was held via Zoom on: SJVAC RPU Regional Plan – PY 2021-24 38 • January 13, 2021 (hosted by Merced County WDB) • January 14, 2021 (hosted by Fresno Regional WDB) • February 3, 2021 (conducted in Spanish and hosted by Merced County WDB) • One-Hundred forty-six (146) individuals attended the Regional Forum topic Creating a Pathway to the Middle Class: Imagine a workforce system capable of preparing every job seeker to enter a pathway to the middle class. Such a system would require unique approaches and strategies to eradicate barriers and build skills that businesses need to compete, grow. This forum was held via Zoom on: • January 21, 2021 (hosted by San Joaquin County WDB) • January 28, 2021 (hosted by Kings County WDB) • Seventy-eight (78) individuals attended the Regional Forum topic Mode of Outreach Target of Outreach Summary of Attendance Comments Email, Social Media, Web Site Fresno County Workforce Development Board Attended forums. Engaged in planning process. Email, Social Media, Web Site Kern Inyo Mono Counties Workforce Development Board Attended forums. Engaged in planning process. Email, Social Media, Web Site Kings County Workforce Development Board Attended forums. Engaged in planning process. Email, Social Media, Web Site Madera County Workforce Development Board Attended forums. Engaged in planning process. Email, Social Media, Web Site Merced County Workforce Development Board Attended forums. Engaged in planning process. Email, Social Media, Web Site San Joaquin County Workforce Development Board Attended forums. Engaged in planning process. Email, Social Media, Web Site Stanislaus County Workforce Development Board Attended forums. Engaged in planning process. Email, Social Media, Web Site Tulare County Workforce Investment Board Attended forums. Engaged in planning process. Email, Social Media, Web Site Adult Education Consortium Attended forums. Engaged in planning process. Email, Social Media, Web Site Adult Education/ Literacy Attended forums. Engaged in planning process. Email, Social Media, Web Site Board of Supervisors Attended forums. Engaged in planning process. SJVAC RPU Regional Plan – PY 2021-24 39 Email, Social Media, Web Site CalFRESH/SNAP Providers Attended forums. Engaged in planning process. Email, Social Media, Web Site California Department of Corrections and Rehabilitations Attended forums. Engaged in planning process. Email, Social Media, Web Site California Immigrant Policy Center Attended forums. Engaged in planning process. Email, Social Media, Web Site California Indian Manpower Consortium Attended forums. Engaged in planning process. Email, Social Media, Web Site Career Technical Education Attended forums. Engaged in planning process. Email, Social Media, Web Site Center for Business and Policy Research Attended forums. Engaged in planning process. Email, Social Media, Web Site Center for Employment Opportunities Attended forums. Engaged in planning process. Email, Social Media, Web Site Central Valley Immigrant Integration Collaborative Attended forums. Engaged in planning process. Email, Social Media, Web Site Central Valley Regional Center Attended forums. Engaged in planning process. Email, Social Media, Web Site Chamber of Commerce Attended forums. Engaged in planning process. Email, Social Media, Web Site Childcare Service Providers Attended forums. Engaged in planning process. Email, Social Media, Web Site City Ministry Network Attended forums. Engaged in planning process. Email, Social Media, Web Site City Planning and Development Attended forums. Engaged in planning process. Email, Social Media, Web Site City, County and State Government Officials Attended forums. Engaged in planning process. Email, Social Media, Web Site Community Based Organizations Attended forums. Engaged in planning process. Email, Social Media, Web Site Community Leaders Attended forums. Engaged in planning process. Email, Social Media, Web Site Community Partnerships for Families Attended forums. Engaged in planning process. Email, Social Media, Web Site Community Services Corporation – Kern Women’s Business Center Attended forums. Engaged in planning process. Email, Social Media, Web Site County Office of Education Attended forums. Engaged in planning process. Email, Social Media, Web Site Del Puerto Health Care District Attended forums. Engaged in planning process. Email, Social Media, Web Site Delta Sierra Adult Education Alliance Attended forums. Engaged in planning process. Email, Social Media, Web Site Department of Behavior Health Attended forums. Engaged in planning process. Email, Social Media, Web Site Department of Child Support Services Attended forums. Engaged in planning process. Email, Social Media, Web Site Department of Economic Development Attended forums. Engaged in planning process. Email, Social Media, Web Site Department of Human Services Attended forums. Engaged in planning process. SJVAC RPU Regional Plan – PY 2021-24 40 Email, Social Media, Web Site Department of Probation Attended forums. Engaged in planning process. Email, Social Media, Web Site Department of Rehabilitation Attended forums. Engaged in planning process. Email, Social Media, Web Site Department of Social Services Attended forums. Engaged in planning process. Email, Social Media, Web Site Disability Services Attended forums. Engaged in planning process. Email, Social Media, Web Site Division of Apprenticeship Standards Attended forums. Engaged in planning process. Email, Social Media, Web Site Education and Leadership Foundation Attended forums. Engaged in planning process. Email, Social Media, Web Site Employment Development Department Attended forums. Engaged in planning process. Email, Social Media, Web Site Employment Training Panel Attended forums. Engaged in planning process. Email, Social Media, Web Site English Language Learners Organizations Attended forums. Engaged in planning process. Email, Social Media, Web Site Equus Workforce Solutions Attended forums. Engaged in planning process. Email, Social Media, Web Site Faith Based Organizations Attended forums. Engaged in planning process. Email, Social Media, Web Site Fresno Business Council Attended forums. Engaged in planning process. Email, Social Media, Web Site Gateway Adult Education Network Attended forums. Engaged in planning process. Email, Social Media, Web Site Goodwill Industries Attended forums. Engaged in planning process. Email, Social Media, Web Site Healthcare Organizations Attended forums. Engaged in planning process. Email, Social Media, Web Site Housing Authority Attended forums. Engaged in planning process. Email, Social Media, Web Site Immigration Services Attended forums. Engaged in planning process. Email, Social Media, Web Site Justice Involved Organizations Attended forums. Engaged in planning process. Email, Social Media, Web Site K-12 Education Attended forums. Engaged in planning process. Email, Social Media, Web Site Labor Organizations Attended forums. Engaged in planning process. Email, Social Media, Web Site LearningQuest Attended forums. Engaged in planning process. Email, Social Media, Web Site Members of the Public Attended forums. Engaged in planning process. Email, Social Media, Web Site Municipalities Attended forums. Engaged in planning process. Email, Social Media, Web Site Opportunity Stanislaus Attended forums. Engaged in planning process. Email, Social Media, Web Site OVCDC Tribal TANF Attended forums. Engaged in planning process. Email, Social Media, Web Site Private Business Attended forums. Engaged in planning process. SJVAC RPU Regional Plan – PY 2021-24 41 Email, Social Media, Web Site Proteus Inc. Attended forums. Engaged in planning process. Email, Social Media, Web Site Resource Development Associates Attended forums. Engaged in planning process. Email, Social Media, Web Site Small Business Development Center Attended forums. Engaged in planning process. Email, Social Media, Web Site Stanislaus Community Foundation Attended forums. Engaged in planning process. Email, Social Media, Web Site State Center Adult Education Consortium Attended forums. Engaged in planning process. Email, Social Media, Web Site Superintendents and Administrators of Educational Organizations including Adult Schools, Community Colleges, State 4-Year Universities, Private Colleges Attended forums. Engaged in planning process. Email, Social Media, Web Site The Fresno Center Attended forums. Engaged in planning process. Email, Social Media, Web Site Tulare Employment Connection Attended forums. Engaged in planning process. Email, Social Media, Web Site Valley Mountain Regional Center Attended forums. Engaged in planning process. SJVAC RPU Regional Plan – PY 2021-24 42 Attachment 2 PUBLIC COMMENTS RECEIVED THAT DISAGREE WITH THE REGIONAL PLAN 1. From: Date: Comment: 2. From: Date: Comment: SJVAC RPU Regional Plan – PY 2021-24 43 Attachment 3 SIGNATURE PAGE The following signatures represent approval of the San Joaquin Valley Regional Planning Unit PY 2021-24 Regional Plan by the eight workforce development Boards that comprise the region. For the Fresno Regional Workforce Development Board: Name, Chairperson Date For the Kern, Inyo, Mono Workforce Development Board: Name, Title Date For the Kings County Workforce Development Board: Name, Title Date For the Madera County Workforce Development Board: Name, Title Date SJVAC RPU Regional Plan – PY 2021-24 44 Attachment 3 SIGNATURE PAGE (cont.) For the Merced County Workforce Development Board: Name, Title Date For the San Joaquin County Workforce Development Board: Name, Title Date For the Stanislaus County Workforce Development Board: Name, Title Date For the Tulare County Workforce Development Board: Name, Title Date RLS: FILE ID: 21-22723 REPORT TO THE CITY COUNCIL DATE: June 17, 2021 FROM:Luis Chavez, Council President District 5, City Council SUBJECT: Approve the appointment of Daisy Isabell Gonzales to the Fresno Youth Commission. ATTACHMENTS: Daisy Isabell Gonzalez Fresno Youth Commission Appointment Daisy Isabell Gonzalez Fresno Youth Commission Application NOTIFICATION OF APPOINTMENT BY COUNCIL PRESIDENT LUIS CHAVEZ TO BOARD OR COMMISSION TO: City Council THROUGH: Yvonne Spence, City Clerk BY: Councilmember Luis Chavez District Five Reappointment X New Appointment Vacant Name of person replaced: Name: Daisy Isabell Gonzalez Address: Home Phone: Cell Phone: _____________________________________________________________________________ June 17th Council Agenda Term: 6/17/2021 Through 6/2023 Submit Date: Jun 07, 2021 First Name Middle Initial Last Name Email Address Home Address City State Postal Code Primary Phone Alternate Phone City of Fresno Boards & Commissions Application Form Profile Which Boards would you like to apply for? Fresno Youth Commission: Submitted What district do you live in? * Briefly explain why are you interested in serving on this board or commission? I am interested because, I want to make a change in my community. I want to help teens who are affected by low self-esteem and body image, youth crime, bullying, drinking and smoking. I would love to see young people grow. I want to share what I know and look out foe learning opportunities for my friend's and my love ones. To add, I want to take this challenge and help youth become better and help them make goals and a vision for their future. They can take this skills and show their friends and family that there's hope. I would like to help my community and my city the best way I can. Educational background, Schools Attended, Degrees and Certifications I go to Sunnyside high school and CART. Briefly explain your qualifications or areas of demonstrated expertise for this board or commission. My qualifications are communication skills, listening skills, well mannered, leadership skills, honesty, taking on challenges, solving skills, open minded and showing empathy. Do you or an immediate family member have any professional or financial relationship that may present a potential conflict of interest for this board, commission or similar body? Yes No Work History Daisy I Gonzales Fresno CA District 5 Mobile: Home: Daisy I Gonzales Page 1 of 2 Employer Job Title Work Address None City, State, Zip Code None Provide 3 Personal and Professional References. Provide name, address, and phone number where they may be reached during the day. None Question applies to multiple boards I declare under penalty of perjury the above information is true and correct. Yes No None None Daisy I Gonzales Page 2 of 2 RLS: FILE ID: 21-22465-02 REPORT TO THE CITY COUNCIL DATE: June 17, 2021 FROM: MIGUEL A. ARIAS, Councilmember, District 3 SUBJECT: ***Bill No. 23 – (Intro. 5/27/21)(For Adoption) – Amending the Vacant Building Ordinance, FMC section 10-617 ATTACHMENTS: Ordinance Amending VBO 10-617 PowerPoint 1 of 8 Date Adopted: Date Approved Effective Date: City Attorney Approval: ________ Ordinance No. BILL NO. ORDINANCE NO. AN ORDINANCE OF THE CITY OF FRESNO, CALIFORNIA, AMENDING SECTION 10-617 OF THE FRESNO MUNICIPAL CODE SECTION 1. Section 10-617 of the Fresno Municipal Code is amended to read: SECTION 10-617. BLIGHTED VACANT BUILDING ORDINANCE. (a)  All vacant buildings shall be maintained in a non-blighted, [safe, and secure] condition, consistent with the requirements of this section. A vacant building [maintained as a fire hazard, attractive nuisance, or] in a blighted exterior condition shall be deemed a public nuisance. If the Director [City] finds the building is being maintained [as a fire hazard or] in a blighted condition, the Director [City] may issue a Notice and Order to the property owner and the property owner may be subject to fines and penalties as set forth in this section. (b)  All vacant buildings shall be actively maintained, monitored and secured in compliance with all of the following standards: (1)  Maintain all yards visible from any public right of way, including interior yards visible from adjacent properties to be maintained in a safe and sanitary condition, including keeping all plant materials controlled to avoid Overgrowth as defined in this Article; including park strips, with Landscaping as defined in this Article, installed and maintained in a trimmed, live and healthy condition; the requirements of this subsection to maintain live plant material shall not be effective 2 of 8 if and during the time the city has implemented Stage 2, 3, or 4 water shortage contingency rationing under its Water Use Reduction Plan. (2)  Maintain the exterior of the building, including but not limited to, paint, finishes, roofing materials, siding, stucco, masonry, railings, steps, gutters, and structural elements in good condition. (3)  Remove all trash and debris from exterior of the property within seventy-two (72) hours of notification. (4)  Comply with all applicable state and local codes and regulations, and any applicable city issued permits and site plans in the replacement and repair of all elements of the exterior of the building. (5)  Take all reasonable steps necessary to prevent criminal activity, including, but not limited to, the use and sale of controlled substances, prostitution, and criminal street gang activity, on the premises. Examples of reasonable steps include actively monitored security alarm systems and adequate physical inspections. (6)  Secure and maintain the property, both structure and grounds, against trespassers, including maintaining all windows and doors with locks, replacing all broken doors or windows, and securing any other openings into the structure that are readily accessible to trespassers as defined under Chapter 11 of this code or such other means as may be accepted by the Director. Securing windows that are visible from any public right of way shall be done only with rigid 3 of 8 transparent material such as clear Lexan type material with a minimum of 3/8 inch thickness to 1/2 inch thickness. No opaque (typically plywood) boarding materials shall be used where visible from a public right of way. (7)  Remove all graffiti on the property within forty-eight (48) hours of placement on the property in compliance with Section 9-2514. (8)  Maintain the property free of all fire hazards. (9)  Maintain the property free of any Attractive Nuisance, as defined in this Article. (10)  All buildings that have been or are expected to be vacant for longer than thirty (30) days shall be registered, at no cost, with the city as may be provided on a city website or web application. The registration shall include the identity of all record owners, the street address of the vacant building, and a local contact, and shall be maintained only for internal use by the city. All applicable properties are required to be registered and updated within 72 hours of a change of ownership or contact information. [Upon request, provide a Vacant Building Plan stating the owner’s plans for the building, timeline for completion of those plans, and the measures in place to ensure that the building and property will be brought into compliance, will be kept secure until the building and property are brought into compliance, and will continue to be maintained in compliance with applicable city codes.] 4 of 8 (11)  Vacant buildings should be posted with approved no trespassing signage to permit police enforcement action. (12)  Fire damaged residential buildings that are not safe and legal to occupy shall be either demolished or fully repaired within 90 days of the occurrence of the fire; the Director may grant a continuance if documentation is provided to the satisfaction of the Director showing any delay is of no fault of the property owner and the property owner has made good faith efforts to demolish or fully repair within 90 days; until demolition or repairs are completed, the property owner shall secure the building to prevent unauthorized access. [(c) In addition to the requirements set forth above, vacant Commercial Buildings shall comply with the following additional standards: (1) Install and maintain in good working order a fire protection system in accordance with all applicable codes and ordinances. Fire protection systems shall be kept in operating condition in accordance with applicable codes and ordinances. (2) Install and maintain in good working order a security system such that breaches of any doors or windows, or the presence of intruders, alert the property owner, a property manager, and/or a security company, so that intruders may be removed. (3) Maintain clear of combustible materials, flammable or combustible waste or rubbish, waste, or hazardous materials. Doors, windows and other openings shall be locked or otherwise 5 of 8 secured to prevent entry by unauthorized persons in accordance with all applicable codes. (4) Remove heating facilities or heating equipment pursuant to a valid permit or maintain in accordance with applicable codes and ordinances. If heating equipment is removed, any fuel supply shall be removed or terminated in accordance with applicable permits, codes and ordinances. (5) Maintain in a manner in which all emergency access areas, egress points, stairways, roof-access ladders and exit signage are in functioning condition and free from deterioration. (6) Post a sign no smaller than 18 by 24 inches on the front of the exterior building or structure so it is legible from the public-right-of- way, with the following information: (i) name and twenty-four hour contact telephone number and address of the owner, responsible party, or property management company; and (ii) the statement that "THIS PROPERTY IS MANAGED BY" with the appropriate name inserted and "TO REPORT PROBLEMS OR CONCERNS CALL" with the twenty-four hour telephone number listed. The sign shall be constructed and printed with weather resistant materials. (7) Post a minimum of one "No Trespassing" sign in accordance with the Fresno Police Department sign and size requirements must be displayed along property frontage and visible to the public. The sign must be no smaller than 17 by 22 inches in size, with lettering 6 of 8 no smaller than 1 inch in height. (8) Conduct sufficient inspections so that the presence of intruders or illegal and/or dangerous activities (for example, starting fires or manufacturing illegal drugs) in the building may be discovered, so that appropriate remedial action can be taken to terminate the illegal and/or dangerous activities.] (dc)  Non-compliance. Failure by the property owner to comply with each of the standards set forth in sections (b)(1) through (b)(12) above for the exterior of a vacant building within eighteen (18) days of notification under this section is a separate violation of this code and subject to the following penalties: (1)  Use of any abatement procedure provided in this Article, with costs recoverable pursuant to Chapter 1, Article 5 of the Code; (2)  Issuance of a criminal citation under Section 1-305, should the owner of a vacant building be found responsible for three or more violations of this Article on three or more separate buildings within a thirty (30) day period; (3)  Issuance of an administrative citation of up to $2,500 under Section 1-308. A second citation of up to $5,000 may issue for the following 30 day period. A third citation of up to $10,000 may issue for the following 30 day period, and each 30 day period thereafter until compliance with the Notice and Order is achieved. There shall be a presumption that a violation continued from day to day between 7 of 8 the initial inspection date at which it was observed by the city and a subsequent inspection date at which it continued to exist; and/or (3)(a)  Vacant properties that are not registered on the City's vacant property registry shall be subject to an administrative citation of $250 per month; and/or (4)  Institution of legal action to pursue any available legal remedy, including receivership or injunction, by the City Attorney upon request by the Director. (ed)  Occupancy. The city reserves the right to require an interior inspection of the property to ensure the property meets local and state law requirements for habitability. If a vacant building has been found to be in violation of this Article, the building shall not be occupied until all fines and abatement costs are paid, or acceptable arrangements with the city for payment have been made, and the property meets all health and safety code standards that are required for occupancy. (fe)  Grace period. Owners of newly acquired blighted vacant buildings shall have sixty (60) days from the date of legal possession of the building to be in compliance with this ordinance. The Director may grant a continuance if documentation is provided to the satisfaction of the Director showing any delay is of no fault of the property owner. SECTION 2. 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. 8 of 8 * * * * * * * * * * * * * * 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: Christina Roberson Date Assistant City Attorney Proposed Amendments to the Blighted Vacant Building Ordinance May 27, 2021 Sponsored by: Councilmember Arias Evaluation only.Evaluation only. Created with Aspose.Slides for .NET Standard 2.0 21.3.Created with Aspose.Slides for .NET Standard 2.0 21.3. Copyright 2004-2021Aspose Pty Ltd.Copyright 2004-2021Aspose Pty Ltd. Summary of Proposed Changes •Blighted Vacant Building Ordinance (BVBO) outlines minimum requirements for vacant buildings in the City. •Amendments require property owner to supply a Vacant Building Plan, upon request. •Amendments add additional requirements to vacant commercial buildings in order to reduce fire danger, increase security, and decrease transient use of vacant buildings. Evaluation only.Evaluation only. Created with Aspose.Slides for .NET Standard 2.0 21.3.Created with Aspose.Slides for .NET Standard 2.0 21.3. Copyright 2004-2021Aspose Pty Ltd.Copyright 2004-2021Aspose Pty Ltd. BVBO Amendments •Section 10-617(a): adds requirement that buildings remain safe and secure, and not maintained as a fire hazard or attractive nuisance. •Section 10-617(b)(10): adds requirement that property owners, upon request, provide a Vacant Building Plan to the City, including plans for the building, timeline for completion, and measures in place to keep the property secure. This section applies to all vacant buildings, residential and commercial. Evaluation only.Evaluation only. Created with Aspose.Slides for .NET Standard 2.0 21.3.Created with Aspose.Slides for .NET Standard 2.0 21.3. Copyright 2004-2021Aspose Pty Ltd.Copyright 2004-2021Aspose Pty Ltd. BVBO Amendments •Section 10-617(c): provides additional standards for vacant commercial buildings, including: •Installation and maintenance of fire protection system; •Installation and maintenance of a security system; •Maintain property clear of combustibles; •Remove heating facilities, and any fuel supply; •Maintain emergency access areas, stairways, exit signage, etc; •Post a sign with property management information; •Post No Trespassing sign(s); •Conduct sufficient inspections. Evaluation only.Evaluation only. Created with Aspose.Slides for .NET Standard 2.0 21.3.Created with Aspose.Slides for .NET Standard 2.0 21.3. Copyright 2004-2021Aspose Pty Ltd.Copyright 2004-2021Aspose Pty Ltd. FILE ID: 21-22712-01 REPORT TO THE CITY COUNCIL DATE: June 17, 2021 FROM:MIGUEL A. ARIAS, Councilmember District 3, City Council SUBJECT: ***BILL No. 28 (Intro. 6/10/21)(For Adoption) – Adding Article 4.12 to Chapter 12 of the Fresno Municipal Code, relating to an infill incentive program for certain residential infill projects (Subject to Mayor’s Veto) EXECUTIVE SUMMARY: This ordinance will provide incentives for development within the City. It will provide an exemption of certain fees on certain new residential infill projects. This exemption is with the expectation that it will encourage and promote development of residential units on unutilized lots within the City. ENVIRONMENTAL FINDINGS: This is not a project for the purpose of CEQA. FISCAL IMPACT: The Sponsors recommend allocating $5 million to establish the fund in Fiscal Year 22. ATTACHMENTS: Ordinance 1 of 3 Date Adopted: Date Approved Effective Date: City Attorney Approval: ________ Ordinance No. BILL NO. ORDINANCE NO. AN ORDINANCE OF THE CITY OF FRESNO, CALIFORNIA, ADDING ARTICLE 4.16 TO CHAPTER 12 OF THE FRESNO MUNICIPAL CODE, RELATING TO AN INFILL INCENTIVE PROGRAM FOR CERTAIN RESIDENTIAL INFILL PROJECTS. THE PEOPLE OF THE CITY OF FRESNO DO ORDAIN AS FOLLOWS: SECTION 1. Article 4.16 is added to Chapter 12 of the Fresno Municipal Code to read: ARTICLE 4.16 FEE WAIVER PROGRAM FOR CERTAIN RESIDENTIAL INFILL PROJECTS. Sections: 12-4.1601 Title. 12-4.1602 Purpose. 12-4.1603 Definition. 12-4.1604 Fee Waiver Program. 12-4.1605 Reimbursement Program. 12-4.1606 Application Process and Approval. 12-4.1607 Precedence. SECTION 12-4.1601. - TITLE. This article shall be known as the Residential Infill Fee Waiver Program Ordinance of the City of Fresno. Although this article regulates the payment of fees prescribed by the Zoning Ordinance of the City of Fresno, it shall not be deemed a part thereof. SECTION 12-4.1602 – PURPOSE. The Council desires to provide incentives for development within the City. It is Council’s intent to provide an exemption of certain fees 2 of 3 on certain new residential infill projects. This exemption is with the expectation that it will encourage and promote development of residential units on unutilized lots within the City. SECTION 12-4.1603 – INFILL PROJECT DEFINED. For purposes of this section, Infill Project shall be defined as new residential projects on sites less than 5 net acres in size and substantially surrounded by urban uses. SECTION 12-4.1604 – FEE WAIVER PROGRAM. Eligible residential infill developments shall be eligible for a waiver of the following fees: (a) Park Facilities Fees (b) Police Facilities Fees (c) Fire Facilities Fees (d) Street Facilities Fees SECTION 12-4.1605 – REIMBURSEMENT PROGRAM. Eligible residential infill developments shall be eligible for up to 50% reimbursement of the cost of curb, gutter, and sidewalk improvements imposed as a Condition for Approval for the project, subject to available funding as may be appropriated by Council. SECTION 12-4.1606 – APPLICATION PROCESS AND APPROVAL. (a) Applications for fee exemption shall be submitted to the Director of Public Works, at or before the time of building permit approval. Applications for fee waiver shall not be submitted until after approval of all discretionary planning entitlements, except that applications for fee waiver can be submitted concurrently with applications for design review. 3 of 3 (b) The Director of Public Works shall approve the application upon a determination of fee waiver based on the criteria in Section 12-4.1603. SECTION 12-4.1607 – PRECEDENCE. In the event of a conflict between this article and any other provisions of this code, ordinance, resolution, or administrative guideline adopted by Council, this article shall apply on the governance of fee waiver. SECTION 2. 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: Kristi M. Costa Date Deputy City Attorney Downtown Planning Area Phase 1 Bus Rapid Transit Corridors (BRT) Inll Opportunity Zones (IOZ) Blackstone BRT Corridor Ventura Kings Canyon BRT Corridor Phase 2 Bus Rapid Transit Corridors (BRT) Shaw BRT Corridor California BRT Corridor IOZ South Industrial Priority Area South Industrial Priority Area 180 41 99 168 180 99 41 Figure IM-1: Priority Areas forDevelopment Incentives Planning Area Sphere of Inuen ce City Limits Source: City of Fresno, 2014. 0 2 4 MILES 11/2 Downtown SHAW AVE SHAW AVE HERNDON AVE HERNDON AVE BLACKSTONE AVEWILLOW AVEASHLAN AVE SHIELDS AVE MCKINLEY AVECEDAR AVESHIELDS AVESHIELDS AVE ASHLAN AVE MCKINLEY AVE KINGS CANYON RD HIGHLAND AVEKINGS CANYON RD OLIVE AVE OLIVE AVE BUTLER AVE JENSEN AVE NORTH AVENORTH AVE JENSEN AVE KEARNEY BLVD BELMONT AVE BELMONT AVE BULLARD AVE NEES AVE SHEPHERD AVE GRANTLAND AVEGARFIELD AVEBLYTHE AVEBLYTHE AVEBRAWLEY AVEMARKS AVECLINTON AVEBRAWLEY AVEPOLK AVEMARKS AVEWEST AVEPALM AVEWE B E R A V E G O L D E N S TATE B LV D FRESNO STWALNUT AVEFIG AVECENTRAL AVE AMERICAN AVE PEACH AVECEDAR AVECHESTNUT AVECHESTNUT AVECLOVIS AVECLOVIS AVEFOWLER AVETEMPERANCE AVEJENSEN AVETEMPERANCE AVEFIRST STFIRST STBLACKSTONE AVEFRESNO STG O L D E N S T A T E B L V D H S T VAN NESS AVEBARSTOW AVE F R IANT R D CALIFORNIA AVE FRUIT AVEDE WOLFE AVECOPPER AVE F T W ASHINGTON RDFIRST STASHLAN AVE FOWLER AVEMAROA AVECHURCH AVE ANNADALE ELM AVECHERRY AVEEAST AVEORANGE AVEMAPLE AVEWILLOW AVEFRUIT AVEWEST AVEHUGHES AVECLINTON AVE CLINTON AVE DAKOTA AVEVAN NESS AVEALLUVIAL AVE BEHYMER AVE PERRIN AVE TEAGUE AVE GETTYSBURG AVEGETTYSBURG AVEVETERANS AUDUBO N DR BRYAN AVEHAYES AVECORNELIA AVEVALENTINE AVECHESTNUT AVETULARE AVE MCKINLEY AVEGATES AVEBULLARD AVE WHITESBRIDGE AVE MAPLE AVELANE Fresno YosemiteInternationalAirport CaliforniaState UniversityFresno Fresno-ClovisRegional WastewaterReclamation Facility (RWRF)San Jo a quin Rive r 1 of 3 Date Adopted: Date Approved Effective Date: City Attorney Approval: ________ Ordinance No. BILL NO. ORDINANCE NO. AN ORDINANCE OF THE CITY OF FRESNO, CALIFORNIA, ADDING ARTICLE 4.16 TO CHAPTER 12 OF THE FRESNO MUNICIPAL CODE, RELATING TO AN INFILL INCENTIVE PROGRAM FOR CERTAIN RESIDENTIAL INFILL PROJECTS. THE PEOPLE OF THE CITY OF FRESNO DO ORDAIN AS FOLLOWS: SECTION 1. Article 4.16 is added to Chapter 12 of the Fresno Municipal Code to read: ARTICLE 4.16 FEE WAIVER PROGRAM FOR CERTAIN RESIDENTIAL INFILL PROJECTS. Sections: 12-4.1601 Title. 12-4.1602 Purpose. 12-4.1603 Definition. 12-4.1604 Fee Waiver Program. 12-4.1605 Reimbursement Program. 12-4.1606 Application Process and Approval. 12-4.1607 Precedence. SECTION 12-4.1601. - TITLE. This article shall be known as the Residential Infill Fee Waiver Program Ordinance of the City of Fresno. Although this article regulates the payment of fees prescribed by the Zoning Ordinance of the City of Fresno, it shall not be deemed a part thereof. SECTION 12-4.1602 – PURPOSE. The Council desires to provide incentives for development within the City. It is Council’s intent to provide an exemption of certain fees 2 of 3 on certain new residential infill projects. This exemption is with the expectation that it will encourage and promote development of residential units on unutilized lots within the City. SECTION 12-4.1603 – INFILL PROJECT DEFINED. For purposes of this section, Infill Project shall be defined as new multifamily residential projects on sites less than 5 net acres in size and substantially surrounded by urban uses. Projects within the South Industrial Priority Area are not eligible for this Program. SECTION 12-4.1604 – FEE WAIVER PROGRAM. Eligible residential infill developments shall be eligible for a waiver of the following fees: (a) Park Facilities Fees (b) Police Facilities Fees (c) Fire Facilities Fees (d) Street Facilities Fees SECTION 12-4.1605 – REIMBURSEMENT PROGRAM. Eligible residential infill developments shall be eligible for up to 50% reimbursement of the cost of curb, gutter, and sidewalk improvements imposed as a Condition for Approval for the project, subject to available funding as may be appropriated by Council. SECTION 12-4.1606 – APPLICATION PROCESS AND APPROVAL. (a) Applications for fee exemption shall be submitted to the Director of Public Works, at or before the time of building permit approval. Applications for fee waiver shall not be submitted until after approval of all discretionary planning entitlements, except that applications for fee waiver can be submitted concurrently with applications for design review. 3 of 3 (b) The Director of Public Works shall approve the application upon a determination of fee waiver based on the criteria in Section 12-4.1603. SECTION 12-4.1607 – PRECEDENCE. In the event of a conflict between this article and any other provisions of this code, ordinance, resolution, or administrative guideline adopted by Council, this article shall apply on the governance of fee waiver. SECTION 2. 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: Kristi M. Costa Date Deputy City Attorney RLS: FILE ID: 21-22752 REPORT TO THE CITY COUNCIL DATE: June 17, 2021 FROM:Esmeralda Soria, Councilmember District 1, City Council BY: SUBJECT: RESOLUTION – Providing City sponsored swim lessons to eligible children in the City of Fresno RECOMMENDATION: EXECUTIVE SUMMARY: BACKGROUND: ENVIRONMENTAL FINDINGS: LOCAL PREFERENCE: FISCAL IMPACT: ATTACHMENTS: RLS: FILE ID: 21-22544-02 REPORT TO THE CITY COUNCIL DATE: June 17, 2021 FROM: MIKE KARBASSI, Councilmember, City Council SUBJECT: *** Bill No. 24 - (Intro. 5/27/21)(For Adoption) – Amending Section 5-510 of the Fresno Municipal Code relating to the Fresno Youth Commission ATTACHMENTS: Resolution – Youth Commission Amendment 1 of 6 Date Adopted: Date Approved Effective Date: City Attorney Approval: ________ Ordinance No. BILL NO. ORDINANCE NO. AN ORDINANCE OF THE CITY OF FRESNO, CALIFORNIA, AMENDING SECTION 5-510 TO ARTICLE 5, CHAPTER 5 OF THE FRESNO MUNICIPAL CODE RELATING THE FRESNO YOUTH COMMISSION WHEREAS, the Fresno Youth Commission was established in 2015; and WHEREAS, the Commission has requested the Council make certain changes to the establishing ordinance, related to membership qualification and attendance. NOW THEREFORE, THE COUNCIL OF THE CITY OF FRESNO DOES ORDAIN AS FOLLOWS: SECTION 1. Section 5-510 is amended to read: SECTION 5-510. FRESNO YOUTH COMMISSION. (a) There is hereby created a commission which shall be known as the FRESNO YOUTH COMMISSION, or for purposes of this Section, the "Commission." The purpose of the Commission is to advise the Council and Mayor on issues relating to youth. The Commission is created pursuant to and shall be subject to the provisions of Article IX of the Charter governing boards and commissions of the city, and is empowered to and shall perform such advisory functions as are delegated to it by the provisions of this section or other action of the Council. (b) The Commission shall consist of eight (8) voting members and eight (8) alternates. 2 of 6 (1) Each member of the City Council shall appoint two members to the Commission from their district; the Mayor shall appoint two members from the city-at-large. One appointment will be the voting member and the second appointment will be an alternate member. (2) Immediate family members of City Councilmembers and Mayor shall not be eligible for appointment. (3) City Councilmembers and Mayor shall make an effort to involve local youth-serving organizations in the selection and appointment process when appropriate and convenient. (c) Qualifications for Commission members include: (1) Each appointed member and alternate must reside or attend school within the Fresno city limits and shall be youth between fifteen and twenty-one years of age, at the time of appointment. (2) Members and alternates may serve up to age twenty-three. (3) Membership is restricted to youth who have an understanding of the needs of young people, experience with youth programs or youth- serving organizations, or involvement with school or community activities, and who are able and prepared to participate in the Commission activities and make the required commitment of time and energy. (4) Members of the Commission shall serve for a two-year term. No person appointed to Commission shall be eligible to serve more than two consecutive terms (a total of four years). (5) The Commission shall select a Chair and Vice Chair from 3 of 6 among its members to serve for a one year term; no member shall serve more than two consecutive terms in either position. (d) The Commission shall establish its rules and regulations for the conduct of its business. Such rules and regulations shall be consistent with this section and all other applicable laws and regulations, and shall enable the Commission to carry out the purpose of this section. (1) All meetings of the Commission shall be subject to the Ralph M. Brown Act (Chapter 9 of part 1 of division 2 of title 5, commencing with Section 54950, of the California Government Code). (2) The Commission shall schedule at least one meeting per month at a designated time and place. All members are required to attend every scheduled regular and special meeting. Three excused absences shall be allowed per year. More than three excused absences shall result in termination from the Commission. No unexcused absences will be allowed and are grounds for immediate termination from the Commission. [No more than ten unexcused absences per two-year term shall be allowed. Commissioners must notify the Youth Coordinator or Chair of the Commission of any anticipated absence 72 hours prior to the meeting at which the Commissioner will be absent, unless an emergency arises. Excused absences will not have a limit and may be due to, but not limited to, personal, school, or medical circumstances. Excused absences shall be granted at the mutual discretion of the Youth Coordinator and the Chair of the Commission. A Commissioner exceeding ten unexcused absences 4 of 6 shall be automatically removed from their position. This attendance policy may be amended in the Commission’s bylaws by vote of 2/3 of the Commission.] (3) A simple majority of members shall constitute a quorum at any regular or special meeting of the Commission. (e) The youth-serving organization designated by the City Council will work with the City Clerk and city staff together to provide guidance to the Commission. (1) Agendas and minutes of the Commission shall be prepared by the City Clerk, or their designee, filed with the Office of the City Clerk, and shall be a public record. (2) The youth-serving organization designated by City Council will provide staff in an adult supervisory role to support all the Commission activities. (3) The City of Fresno will secure funding for the business of the Commission, provide website hosting, and any other technical support. (4) The council staff will serve as liaisons to the Fresno City Council and provide support as needed. (f) The Commission shall have the following powers and duties: (1) Identify the concerns and needs of the youth of Fresno through community outreach and engagement; and hold public forums in which children, youth and families are encouraged to participate. (2) Examine existing social, economic, educational, and recreational programs for youth; develop and propose plans that support or improve such 5 of 6 programs; and make recommendations thereon to the City Council and Mayor. (3) Develop and maintain a year1y strategic plan outlining the areas of focus for the Commission within the purview and jurisdiction of the City of Fresno. (4) Submit recommendations to the City Council and Mayor about juvenile crime prevention, job opportunities for youth, recreational activities for teenagers, opportunities for effective participation by youth in the governmental process, and changes in city regulations that are necessary to improve the social, economic, educational, recreational advantages, health and well-being of youth. (5) Work with the public and private sectors to bring forth the concerns of youth as well as evaluate programming that will enhance the development of young people. (6) Develop a communication network to disseminate information about services for youth and serve as a forum for young people. (7) Report to the City Council the activities, goals and accomplishments of the commission by June 30 of each calendar year, effective January 1, 2016. (8) Submit quarterly reports or as requested to the City Council and Mayor. (9) Commissioners shall meet with their appointing Councilmember or Mayor at least twice a year. /// /// /// 6 of 6 SECTION 2. 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: Katie Doerr Date Chief Assistant City Attorney FILE ID: 21-22756 REPORT TO THE CITY COUNCIL DATE: June 17, 2021 FROM:LUIS CHAVEZ, Council President District 5, City Council SUBJECT: Approve City Attorney amended contract RECOMMENDATION: Approve the City Attorney’s amended contract. The only change is to renew leave time previously approved. The City Attorney is foregoing a salary increase at this time, so the contract provides additional leave time instead EXECUTIVE SUMMARY: The City Attorney has agreed to forego a salary increase at this time and accept additional leave time. ATTACHMENTS: Amended Contract Page 1 of 5 AMENDED EMPLOYMENT AGREEMENT BETWEEN THE CITY OF FRESNO AND THE CITY ATTORNEY THIS AMENDED AGREEMENT is made and shall be effective as of March 17, 2021, between the CITY OF FRESNO, State of California, a municipal corporation, (“City”), by and through the Fresno City Council, and Douglas T. Sloan (“Employee”), both of whom agree as follows: RECITALS A. The Council of the City of Fresno desires to continue to employ the services of Employee as City Attorney of City as provided in Article VIII of the Charter of the City of Fresno. B. It is the desire of the Council to secure and retain the services of the Employee and to provide inducement for him to remain in such employment. C. It is also the desire of the Council to provide certain benefits, establish certain terms and conditions of Employee’s employment on an at-will basis, and set the working conditions of Employee. D. Employee desires to continue employment as City Attorney on the terms and conditions set forth in this Agreement. E. The Council of the City of Fresno adopts on an annual basis a Salary Resolution which provides a salary range for the position of City Attorney and an Annual Appropriation Resolution which appropriates the salary and benefits for the City Attorney contained within this Agreement. THEREFORE, in consideration of the above recitals and the mutual promises and conditions in this Agreement, the parties agree as follows: SECTION 1. AT-WILL EMPLOYMENT STATUS A. Employee’s employment with the City is employment at-will. Employment at-will may be terminated with or without cause and with or without notice at any time by Employee or the City. Nothing in this Agreement or in any other document shall limit the right of Employee or the City to terminate the at-will employment relationship. No elected official, supervisor, employee, or agent of the City has any authority to enter into an agreement with Employee for employment for any specific period of time or to make an agreement for employment other than at-will. B. Employee’s employment with the City shall remain employment at-will regardless of the City Attorney’s length of employment, past performance, past raises, promotions or promises on the part of any individual of continued employment. C. City’s right to terminate Employee shall only be limited by Federal and State Constitutional protections, restrictions and limitations, including but not limited to the City’s inability to terminate based upon age, race, gender and other similar civil rights protections defined therein. SECTION 2. DUTIES Employee shall professionally perform the functions and duties specified in the Charter and the Fresno Municipal Code, and other ordinances and resolutions of the City and perform other legally permissible and proper duties and functions as the Council shall from time to time assign. Page 2 of 5 SECTION 3. TERM A. Employee is currently employed by the City as the City Attorney and shall continue employment under the terms of this Amended Agreement until terminated pursuant to this Agreement. B. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of the Council to terminate the services of Employee subject only to the provisions set forth in this Agreement. C. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Employee to resign at any time from his employment with the City or the position of City Attorney. D. Nothing in this Agreement shall preclude the termination of this Agreement by mutual consent of both parties. SECTION 4. BASE SALARY A. City shall pay Employee an annual salary equal to $227,000, payable in installments at the same time as other Non-Represented Management-Confidential employees of the City are paid, and in accordance with applicable Fresno Municipal Code provisions and other regulations, such as the City’s Salary Resolution. Salary for partial pay periods shall be pro-rated. Council shall continue to appropriate and amend the Salary Resolution as necessary from time to time to fulfill the terms of this Agreement. B. City shall not at any time during the term of this Agreement reduce the salary, compensation or other financial benefits of Employee, except as provided herein. SECTION 5. BENEFITS A. Except as may be specifically set forth in this Agreement, all provisions of the Fresno Municipal Code, the City of Fresno Administrative Manual, resolutions and official policies of the City relating to annual leave, vacation, sick leave, holidays, health insurance, long term disability insurance, retirement, and other fringe benefits generally applicable to Non-Representative Management-Confidential employees of the City shall also apply to Employee when and as he becomes eligible for them. B. City reserves the right to modify, suspend or discontinue any and all of the above benefits at any time without notice to or recourse by Employee, so long as such action is taken with respect to all similarly situated employees in the City, (city-wide employee application) and does not single out Employee. C. Employee shall be entitled to annual performance evaluations. D. [prior bonus provision omitted]. E. Notwithstanding Subsection A of this Section, Employee shall be entitled to an annual leave accrual maximum of 1200 hours and the right to cash out any accrued amount of annual leave during any fiscal year. F. As of the Effective Date, Employee shall be provided an additional 75 hours of annual leave in addition to all other leave provided Unit 2 employees. SECTION 6. TERMINATION AND SEVERANCE PAY A. Employee’s employment shall be subject to the absolute and sole discretion of the Council. Employee may be removed from office and his employment terminated at the will of the Council at any time for any reason whatsoever or for no reason at all, subject Page 3 of 5 to Federal and State constitutional protections, restrictions and limitations, as provided in this Agreement. B. In the event of termination, Employee shall be paid severance in an amount equal to six months of base salary. In addition, in the event of termination, all benefits under the Health and Welfare Trust for Employee shall continue for six months, and the City shall pay the employer’s contribution to maintain all benefits for those six months. Severance pay shall not be utilized for retirement credit and no additional benefits (e.g., supplemental sick leave, sick leave, annual leave, administrative leave, or car allowance) will accrue or be owed during the six month severance period. C. This Agreement shall terminate immediately and City shall not be obligated to make any severance payment upon the occurrence of any one of the following events: (1) Upon the death of Employee; (2) Upon determination that Employee is unable to perform the essential functions of the position with or without a reasonable accommodation, due to a mental, physical or other illness or disability lasting a period of six months or longer; (3) In the event Employee is terminated because of misconduct or malfeasance, which the City Attorney determines is related to the effective performance of Employee’s official duties, including but not limited to criminal conviction in office; or (4) Upon Employee’s resignation or retirement of employment. D. If this Agreement is terminated, any severance or cash settlement related to the termination Employee may receive from the City shall be fully reimbursed to the City if Employee is convicted of a crime involving an abuse of Employee’s office or position, as defined in California Government Code §53243.4, which currently defines “abuse of office or position” as either: (1) an abuse of public authority, including, but not limited to, waste, fraud, and violation of the law under color of authority; or (2) a crime against public justice, including, but not limited to, a crime described in Title 7 (commencing with Section 92) of Part 1 of the Penal Code. SECTION 7. ANNUAL PERFORMANCE EVALUATIONS The City and Employee understand that annual performance evaluations are an important part of maintaining adequate communications between City and Employee and City therefore agrees that Employee shall be evaluated by the Council during each fiscal year of the City. The time and place of the Employee’s evaluation shall be at the discretion of the Council. The Employee’s evaluation will be based on the duties and responsibilities of the City Attorney as set forth in the Charter and as assigned by the Council. A copy of a written evaluation shall be delivered to Employee. Employee shall have the right to respond orally and/or in writing to the evaluation. Within thirty days of the delivery of the written evaluation to Employee, the Council shall meet with Employee to discuss the evaluation. SECTION 8. AUTOMOBILE ALLOWANCE City shall pay Employee a monthly vehicle allowance equivalent to the greater of Five Hundred Dollars ($500.00) per month or such other vehicle allowance as is paid to other department heads of the City. All costs of operation of the vehicle for the Employee, including but not limited to fuel, maintenance, and insurance, shall be borne by Employee. Page 4 of 5 SECTION 9. PROFESSIONAL DEVELOPMENT City shall pay the professional dues, subscriptions and incidental business expenses of Employee reasonably necessary for his full participation in the California Bar Association. To the extent the City Attorney deems it necessary, City shall cover all other national, regional, state, and local associations and organizations desirable for Employee’s continued professional participation, growth, and enhancement or for the good of the City. SECTION 10. NOTICES Notices pursuant to this Agreement shall be given by deposit in the custody of the United States Postal Service, first class mail postage pre-paid, addressed as follows: If to the City: Council President 2600 Fresno Street Fresno, CA 93721-3600 If to the Employee: Douglas T. Sloan City Attorney’s Office 2600 Fresno Street Fresno, CA 93721-3600 Alternatively, any notice required pursuant to this Agreement may be personally served in the manner as applicable to civil judicial practice. Notice shall be deemed given as of the date of personal service or as the date of deposit of such written notice in the United States Mail. SECTION 11. INDEMNIFICATION City shall defend, save harmless, and indemnify Employee against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Employee’s duties as City Attorney. City will compromise and settle any such claim or suit and the amount of any settlement or judgment rendered thereon. Said indemnification shall extend beyond termination or employment, and the otherwise expiration of this Agreement, to provide full and complete protection to Employee as described herein, for any acts undertaken or committed in his capacity as City Attorney, regardless of whether the notice of filing of a lawsuit for such tort, claim, demand, or other legal action occurs during or following Employee’s employment with City. SECTION 12. GENERAL PROVISIONS A. This Agreement shall constitute the entire agreement between the parties as to the subject matter herein and all other prior agreements, arrangements or understandings, oral or written, are merged into and superseded by the terms of this Agreement. B. This Agreement may not be altered, amended, modified, or otherwise changed except by a writing signed by the duly authorized representatives of the parties to this Agreement. C. This Agreement is for the personal services of Employee and is not assignable. D. If any provision or other portion of this Agreement is held unconstitutional, invalid, or unenforceable, the remainder of this Agreement or portion hereof shall be deemed severable, shall not be affected by the unconstitutional, invalid or unenforceable provision or portion, and shall remain in full force and effect. Page 5 of 5 E. Personal and subject matter jurisdiction and venue for any controversy or claim arising out of or relating to this Agreement shall be in the California Superior Court in and for the County of Fresno, California, or in the United States District Court for the Eastern District of California. F. The rights and obligations of the parties and all interpretations in performance of this Agreement shall be governed in all respects by the laws of the State of California. G. Employee agrees and represents that prior to entering into this Agreement, he has had the opportunity to consult an attorney of Employee’s choice concerning all terms and conditions of this Agreement. IN WITNESS WHEREOF, the City of Fresno has caused this Agreement to be signed and executed in its behalf by the Council and Employee has signed and executed this Agreement effective the date and year first written above. CITY OF FRESNO EMPLOYEE COUNCIL PRESIDENT DOUGLAS T. SLOAN _____________________ _____________________ APPROVED AS TO FORM: _________________________ Chief Assistant City Attorney RLS: FILE ID: 21-1923-01 JOINT MEETING OF THE FRESNO REVITALIZATION CORPORATION AND THE CITY OF FRESNO IN ITS CAPACITY AS HOUSING SUCCESSOR TO THE REDEVELOPMENT AGENCY Date:June 17, 2021 FROM:MARLENE MURPHEY, Executive Director SUBJECT: Receive Annual Report and Approve FY 21-22 Program Income Budget for the City of Fresno in its capacity as Housing Successor to the Redevelopment Agency of the City of Fresno RECOMMENDATION: Staff recommends that the City acting in its capacity as Housing Successor to the Redevelopment Agency of the City of Fresno (FHS) and the Fresno Revitalization Corporation (FRC) receive the Annual Report and approve the attached FHS FY21-22 Program Income Budget. EXECUTIVE SUMMARY: The Annual Report for the reporting period of FY 19/20 provides data across thirteen categories and addresses the Report’s primary purpose to demonstrate FHS compliance in meeting the extremely low affordability test and the excess funds surplus test. The FY 21/22 Program Income Fund Budget provides for the development of affordable housing in accordance with target income limit requirements. BACKGROUND: Pursuant to Dissolution Law, the Superior Court of California County of Sacramento issued a Ruling in February of 2014 confirming the Housing Successor’s ownership of affordable housing assets of the former Redevelopment Agency as listed in the housing asset transfer schedule prepared by FHS and submitted to the Department of Finance. The housing assets are held and administered by the FHS in the Low to Moderate Income Housing Asset Fund (LMIHAF) pursuant to HSC Sections 34176 and 34176.1 (as amended by SB 341 and 107). Changes from the Dissolution law resulted in new and various requirements for affordable housing that include income limits for program income fund expenditures and the preparation of an annual report of affordable housing activities described in the following. 5 9 7 Annual Report (SB107) In accordance with Section 34176.1(f), an annual report must be prepared that contains thirteen elements: loan repayments; amount deposited into LMIHAF; ending balance of LMIHAF; description of expenditures from the LMIHAF; statutory value of assets owned by the housing successor; description of transfers; project descriptions; status of compliance with Section 33334.16; description of outstanding obligations under Section 33413; income test; senior housing test; excess surplus test; and homeownership units. Included in the Annual Report is the status of real property acquired by the FHS for low and moderate income housing purposes in accordance with time frames for initiation of activities for affordable housing development. From a total of eighty parcels fifty four have been developed with affordable housing. Activity for development has been initiated on the remaining twenty six parcels including twelve under contract. A primary purpose of the Annual Report is to enable the State to monitor compliance in meeting the extremely low affordability test and the excess funds surplus test. The FHS is in full compliance with requirements for both affordability and excess funds. The Annual Report for the current reporting period of FY 19/20 is attached and posted on the Agency’s web site. Income Limits/Expenditure Requirements (SB107) The expenditure requirements and affordable housing real property development drive the Housing Successor program budget. Following the administrative allocation the remaining program income must be spent as follows: (i) at least 30% of the funds must be spent for the development of rental housing affordable to and occupied by extremely low income households earning 30% or less of the area median income; (ii) no more than 20% of the funds may be spent for the development of housing affordable to and occupied by households earning between 60% and 80% of the area median income; and, (iii) 50% of the funds may be spent for the development of housing affordable to and occupied by households earning 60% or less of the area median income. Failure to comply with the 30% of net program income for the 30% of AMI requirement will result in an increase to 50% of net program income for the 30% AMI requirement until the extremely low income targeting requirement is met. Additionally, to the extent that the Housing Successor fails to comply with an excess surplus test (i.e. unencumbered funds that exceed the greater of $1,000,000 or the total amount of net program income deposits over the previous four years), the excess surplus must be transferred to the Department of Housing and Community Development if not spent within a period of three years. The income targets for FY21-22 are shown in the attached FY21-22 Program Income Funds Budget. Primary budget consideration must be given to ensure that over multiple fiscal years, the proper percentage of net program income funds are encumbered as required within each target income category. Administration, Operations and Maintenance Under Section 34176.1(a)(1), as amended by SB 107, the Housing Successor, is allowed 5% of the statutory value of real property and loans and grants receivables equaling $1,387,772.53 for the purpose of monitoring and preserving the long term affordability of units subject to affordability restrictions or covenants entered into by the former redevelopment agency and the housing successor; for the development of affordable housing pursuant to income limits; and, for the purpose of administering the housing successor’s activities. The Agency’s FY 21/22 budget of $500,000 is 1.8% of value thus well below the allowable amount of 5%. 5 9 7 PROGRAM INCOME FUNDS BUDGET FY21/22 The FY21-22 Housing Successor Budget has been prepared in accordance with applicable requirements and plan objectives. In FY21-22 the Housing Successor estimates receipt of $433,122.60 from the annual City/Agency loan repayment (HSC Section 34191.4); $50,000 from single and multi-family loan repayments; and, $480,132 in excess bond proceeds. The total estimated program income for 21-22 is $963,254.60. During FY 20/21 the Agency received higher than anticipated loan repayments including an unexpected loan payoff at the end of the fiscal year. Net of $4,382,851 encumbered for approved projects, and $500,000 for personnel, operations and maintenance the available program fund for FY 21/22 is $2,701,091.9. In accordance with requirements for targeted income limits and for the development of real property acquired by FHS for affordable housing purposes the budget provides for affordable residential development on FHS owned property at Florence and Plumas Avenues in southwest Fresno and Mono, F and G Streets in the Chinatown Area. The Program Income Targets for FY 21/22 shown in the attached budget are: $810,327.58; $1,350,545.95; and $540,218.38 for extremely low; very low and low income households respectively. Housing Asset Transfer On February 11, 2014 the Superior Court of California, County of Sacramento, ruled that certain enforceable obligations and the funds encumbered to carry out the enforceable obligations and related activities to provide and monitor affordable housing are housing assets under the jurisdiction of the Housing Successor of the City of Fresno. The enforceable obligations are pursuant to owner participation agreements and disposition and development agreements. The schedule for those court approved obligations and related expenditures are included in Housing Asset Transfer attachment. Overview-Affordable Housing Development The attached chart provides an overview of affordable housing development by the FHS since dissolution of the former redevelopment agency. The first table “Affordable Housing Development Expenditures by Income Target Requirements” provides the percentage of Program Income Funds spent per income category and illustrates that 42.2 %, 43.7 % and 14.1 % of Program Income has been allocated to households at 30%; 30-60% and 60-80% of AMI respectively for approved and or completed projects. The second table illustrates the number of units occupied by AMI level and includes mixed income developments that together provide 479 affordable and 171 market rate units with a combined total of 650 units. The last table shows the expenditure per unit that generally reflects the importance of FHS dollars that leverage private equity or other public funding sources. CONCLUSION Staff recommends that the Housing Successor to the Redevelopment Agency of the City of Fresno and the Fresno Revitalization Corporation approve the FY21-22 Housing Successor Budget. ENVIRONMENTAL FINDINGS: This approval is not a project for the purposes of CEQA Guidelines Section 15378 LOCAL PREFERENCE: 5 9 7 Local preference was not implemented because this item is an amendment to an existing contract. FISCAL IMPACT: NA ATTACHMENTS: 1. Annual Report for the Fiscal Year 2019-20 2. FY 21-22 Program Income Budget 3. Housing Asset Transfer 4. Overview-Affordable Housing Page 1 of 8 HOUSING SUCCESSOR TO THE REDEVELOPMENT AGENCY ANNUAL REPORT REGARDING THE LOW AND MODERATE INCOME HOUSING ASSET FUND FOR FISCAL YEAR [2019-20] PURSUANT TO CALIFORNIA HEALTH AND SAFETY CODE SECTION 34176.1(f) FOR THE CITY OF FRESNO This Housing Successor Annual Report (Report) regarding the Low and Moderate Income Housing Asset Fund (LMIHAF) has been prepared pursuant to California Health and Safety Code Section 34176.1(f) and reflects data through June 30, 2020. This Report sets forth certain details of the housing activities of the City of Fresno, successor to the former Redevelopment Agency of the City of Fresno during Fiscal Year 2019-20. The purpose of this Report is to provide the governing body of the Housing Successor an annual report on the housing assets and activities of the Housing Successor under Part 1.85, Division 24 of the California Health and Safety Code, in particular sections 34176 and 34176.1 (Dissolution Law). The following Report is based upon information prepared by Housing Successor staff and information contained within the independent financial audit of the LOW AND MODERATE INCOME HOUSING ASSET SPECIAL REVENUE FUND OF THE CITY OF FRESNO, CALIFORNIA for Fiscal Year 2019-20 as prepared by MACIAS GINI & O’CONNELL LLP, which Audit is separate from this annual summary Report; further, this Report conforms with and is organized into sections I. through XIII., inclusive, pursuant to Section 34176.1(f) of the Dissolution Law: I. Loan Repayments: the amount the city, county or city and county received pursuant to subparagraph (A) of paragraph (3) of subdivision (b) of Section 34191.4. II. Amount Deposited into LMIHAF: This section provides the total amount of funds deposited into the LMIHAF during the Fiscal Year. Any amounts deposited for items listed on the Recognized Obligation Payment Schedule (ROPS) must be distinguished from the other amounts deposited. III. Ending Balance of LMIHAF: This section provides a statement of the balance in the LMIHAF as of the close of the Fiscal Year. Any amounts deposited for items listed on the ROPS must be distinguished from the other amounts deposited. IV. Description of Expenditures from LMIHAF: This section provides a description of the expenditures made from the LMIHAF during the Fiscal Year. The expenditures are to be categorized. V. Statutory Value of Assets Owned by Housing Successor: This section provides the statutory value of real property owned by the Housing Successor, the value of loans and grants receivables, and the sum of these two amounts. Page 2 of 8 VI. Description of Transfers: This section describes transfers, if any, to another housing successor agency made in previous Fiscal Year(s), including whether the funds are unencumbered and the status of projects, if any, for which the transferred LMIHAF will be used. The sole purpose of the transfers must be for the development of transit priority projects, permanent supportive housing, housing for agricultural employees or special needs housing. VII. Project Descriptions: This section describes any project for which the Housing Successor receives or holds property tax revenue pursuant to the ROPS and the status of that project. VIII. Status of Compliance with Section 33334.16: This section provides a status update on compliance with Section 33334.16 for interests in real property acquired by the former redevelopment agency prior to February 1, 2012. For interests in real property acquired on or after February 1, 2012, provide a status update on the project. IX. Description of Outstanding Obligations under Section 33413: This section describes the outstanding inclusionary and replacement housing obligations, if any, under Section 33413 that remained outstanding prior to dissolution of the former redevelopment agency as of February 1, 2012 along with the Housing Successor’s progress in meeting those prior obligations, if any, of the former redevelopment agency and how the Housing Successor’s plans to meet unmet obligations, if any. X. Income Test: This section provides the information required by Section 34176.1(a)(3)(B), or a description of expenditures by income restriction for five year period, with the time period beginning January 1, 2014 and whether the statutory thresholds have been met. XI. Senior Housing Test: This section provides the percentage of units of deed-restricted rental housing restricted to seniors and assisted individually or jointly by the Housing Successor, its former redevelopment Agency, and its host jurisdiction within the previous 10 years in relation to the aggregate number of units of deed-restricted rental housing assisted individually or jointly by the Housing Successor, its former Redevelopment Agency and its host jurisdiction within the same time period. For this Report the ten-year period reviewed is January 1, 2004 to January 1, 2014. XII. Excess Surplus Test: This section provides the amount of excess surplus in the LMIHAF, if any, and the length of time that the Housing Successor has had excess surplus, and the Housing Successor’s plan for eliminating the excess surplus. XIII. Homeownership Units: An inventory of homeownership units assisted by the former redevelopment agency or the housing successor that are subject to covenants or restrictions or to an adopted program that protects the former redevelopment agency’s investment of moneys from the Low and Moderate Income Housing Fund pursuant to subdivision (f) of Section 33334.3. This inventory shall include all of the following information: (A) The number of those units. (B) In the first report pursuant to this subdivision, the number of units lost to the portfolio after February 1, 2012, and the reason or reasons for those losses. For all subsequent reports, the number of units lot to the portfolio in the last fiscal year and the reason for those losses. (C) Any funds returned to the housing successor as part of an adopted program that protects the former redevelopment agency’s investment of moneys from the Low and Moderate Income Housing Fund. Page 3 of 8 (D) Whether the housing successor has contracted with any outside entity for the management of the units and, if so, the identity of the entity. This Report is to be provided to the Housing Successor’s governing body. In addition, this Report and the former redevelopment agency’s pre-dissolution Implementation Plans are to be made available to the public on the former redevelopment agency’s website at http://www.fresnorda.com/. I. LOAN REPAYMENT A total of $851,597.00 was deposited into the LMIHAF during the Fiscal Year for loan repayments pursuant to subparagraph (A) of paragraph (3) of subdivision (b) of Section 34191.4. II. AMOUNT DEPOSITED INTO LMIHAF A total of $924,518.51 of program income from loan repayments, rent, property sales and the city/agency loan repayment described above was deposited into the LMIHAF during the Fiscal Year. Of the total funds deposited into the LMIHAF, zero dollars were deposited for items listed on the ROPS. III. ENDING BALANCE OF LMIHAF At the close of the Fiscal Year, the ending balance in the LMIHAF was $7,021,569.38, of which $2,100,736.16 was held for expenditures from funds encumbered by enforceable obligations that transferred to the Housing Successor on February 1, 2012 in accordance with Health & Safety Code Section 34176(e)(2) (the transfer of which was affirmed by the Superior Court, County of Sacramento, pursuant to a Ruling on a Petition for Writ of Mandate and Complaint for Declaratory and Injunctive Relief filed/endorsed on February 11, 2014), and zero dollars were held for items listed on the ROPS. IV. DESCRIPTION OF EXPENDITURES FROM LMIHAF The following is a description of expenditures from the LMIHAF by category: LMIHAF EXPENDITURES FOR THE FISCAL YEAR 2019-20 Monitoring and Administration Expenditures $ 422,621.10 Homeless Prevention and Rapid Rehousing Services Expenditures Housing Development Expenditures: - For Low Income Units - For Very Low Income Units $ 2,215,385 - For Extremely Low Income Units $ 984,615 Total LMIHAF Expenditures in Fiscal Year 2019-20 $ 3,622,621.10 California Health and Safety Code Section 34176.1 allows for 5% of the total $27,755,450.65 value of Housing Successor assets, or $1,387,772.53, to be used on monitoring and administrative expenditures. The Housing Successor continues to monitor and manage $27,755,450.65 in LMIHAF assets. Page 4 of 8 V. STATUTORY VALUE OF ASSETS OWNED BY HOUSING SUCCESSOR IN LMIHAF Under the Dissolution Law and for purposes of this Report, the “statutory value of real property” means the value of properties formerly held by the former redevelopment agency as listed on the housing asset transfer schedule approved by the Department of Finance as listed in such schedule under Section 34176(a)(2), the value of the properties transferred to the Housing Successor pursuant to Section 34181(f), and the purchase price of property (i.e.) purchased by the Housing Successor. Further, the value of loans and grants receivable is included in these reported assets held in the LMIHAF. The following provides the statutory value of assets owned by the Housing Successor. STATUTORY VALUE OF HOUSING SUCCESSOR ASSETS AT END OF FISCAL YEAR 2018-19 Statutory Value of Real Property Owned by Housing Successor $ 4,761,230.25 Value of Loans and Notes Receivable $22,994,220.40 Total Value of Housing Successor Assets $27,755,450.65 VI. DESCRIPTION OF TRANSFERS The Housing Successor did not make any LMIHAF transfers to other Housing Successor(s) under Section 34176.1(c)(2) during the Fiscal Year. VII. PROJECT DESCRIPTIONS The Housing Successor does not receive or hold property tax revenue pursuant to the ROPS. VIII. STATUS OF COMPLIANCE WITH SECTION 33334.16 Section 34176.1 provides that Section 33334.16 does not apply to interests in real property acquired by the Housing Successor on or after February 1, 2012; however, this report presents a status update on the projects related to such real property. With respect to interests in real property acquired by the former redevelopment agency prior to February 1, 2012, the Housing Successor must initiate activities consistent with the development of the real property for the purpose for which it was acquired within five years of the date the DOF approved such property as a Housing Asset. The Housing Assets held by the Housing Successor in the LMIHAF were conclusively approved pursuant to Ruling on Petition for Writ of Mandate and Complaint for Declaratory and Injunctive Relief filed and endorsed on February 11, 2014. Page 5 of 8 DEVELOPMENT ACTIVITY ADDRESS OF PROPERTY DATE OF ACQUISITION DEADLINE TO INITIATE DEVELOPMENT ACTIVITY STATUS OF HOUSING SUCCESSOR ACTIVITY 84 E. Geary 10/30/07 February 11, 2019 DDA 86 E. Geary 11/18/75 February 11. 2019 DDA 66 E. Geary 10/23/75 February 11, 2019 DDA 23 E Florence 2/11/08 February 11,, 2019 DDA 29 E Florence 2/11/08 February 11, 2019 DDA 74 E Geary 9/2/77 February 11, 2019 DDA E Florence – APN 477-144-30T 10/21/03 February 11, 2019 DDA 2304 S Walnut 2/29/08 February 11, 2019 DDA 887 Fulton Mall 2/28/07 February 11, 2019 PSA 835 Fulton Mall 9/26/08 February 11, 2019 DDA 829 Fulton Mall 5/26/10 February 11, 2019 DDA 1405 E. Annadale 11/30/07 February 11, 2019 DDA 1107 “B” Street 3/17/03 February 11, 2019 NPAHD/HUD Funds Identified; AHES; PSA 1511 “B” Street 10//7/05 February 11, 2019 NPAHD/HUD Funds Identified; AHES; PSA 1515 “B” Street 10/7/15 February 11, 2019 NPAHD/HUD Funds Identified; AHES; PSA California/Plumas – APN 477-121-05/06 5/16/07 February 11, 2019 AHES; Feasibility analysis 130 W. Lemon 10//9/07 February 11, 2019 Adopted CAP/AHES 33 E Atchison 4/14/09 February 11, 2019 Feasibility analysis in progress 146 E Florence 9/15/06 February 11, 2019 Adopted CAP/AHES 3702 E Ventura 9/29/07 February 11, 2019 DDA in Progress Mono/G/F- APN 467-073- 05; 06; 07; 16; 081-16 2/24/09-7/13/10 February 11, 2019 Environmental Testing and Remediation; AHES NPAHD - Non Profit Affordable Housing Developer; CAP - Consolidated Action Plan; PSA - Purchase/Sale Agreement in progress; AHE - Affordable Housing Element Site Page 6 of 8 IX. DESCRIPTION OF OUTSTANDING OBLIGATIONS PURSUANT TO SECTION 33413 Replacement Housing: According to the former redevelopment agency’s 2010-15 REDEVELOPMENT AGENCY OF THE CITY OF FRESNO FIVE YEAR IMPLEMENTATION PLANS for the Merger No. 1; Merger No. 2; Central City Commercial; Freeway 99-Golden State Boulevard; Fresno Air Terminal; South Fresno Industrial; Airport Area; and the Southeast Fresno Redevelopment Project Areas and the 2007-2012 REDEVELOPMENT AGENCY OF THE CITY OF FRESNO FIVE YEAR IMPLEMENTATION PLAN for the Roeding Business Park Redevelopment Project Area , no Section 33413(a) replacement housing obligations were transferred to the Housing Successor. The former redevelopment agency’s Implementation Plans are posted on the former redevelopment agency’s website at http://www.fresnorda.com/. Inclusionary/Production Housing. According to the former redevelopment agency’s 2010-15 REDEVELOPMENT AGENCY OF THE CITY OF FRESNO FIVE YEAR IMPLEMENTATION PLANS for the Merger No. 1; Merger No. 2; Central City Commercial; Freeway 99-Golden State Boulevard; Fresno Air Terminal; South Fresno Industrial; Airport Area; and the Southeast Fresno Redevelopment Project Areas and the 2007-2012 REDEVELOPMENT AGENCY OF THE CITY OF FRESNO FIVE YEAR IMPLEMENTATION PLAN for the Roeding Business Park Redevelopment Project Area , no Section 33413(b) inclusionary/production housing obligations were transferred to the Housing Successor. The former redevelopment agency’s Implementation Plans are posted on the former redevelopment agency’s website at http://www.fresnorda.com/. X. EXTREMELY-LOW INCOME TEST Section 34176.1(a)(3)(B) requires that the Housing Successor must require at least 30% of the LMIHAF to be expended for development of rental housing affordable to and occupied by households earning 30% or less of the AMI. If the Housing Successor fails to comply with the Extremely-Low Income requirement in any five-year report, then the Housing Successor must ensure that at least 50% of the funds remaining in the LMIHAF be expended in each fiscal year following the latest fiscal year following the report on households earning 30% or less of the AMI until the Housing Successor demonstrates compliance with the Extremely-Low Income requirement. LMIHAF Program Income funds have been encumbered pursuant to development agreements. However, there were no LMIHAF housing development expenditures from January 1, 2014 through June 30, 2019. XI. SENIOR HOUSING TEST The Housing Successor is to calculate the percentage of units of deed-restricted rental housing restricted to seniors and assisted by the Housing Successor, the former redevelopment agency and/or the City within the previous 10 years in relation to the aggregate number of units of deed-restricted rental housing assisted by the Housing Successor, the former redevelopment agency and/or City within the same time period. If this percentage exceeds 50%, then the Housing Successor cannot expend future funds in the LMIHAF to assist additional senior housing units until the Housing Successor or City assists and construction has commenced on a number of restricted rental units that is equal to 50% of the total amount of deed-restricted rental units. The Housing Successor does not have any deed restricted rental housing units restricted to seniors. Page 7 of 8 XII. EXCESS SURPLUS TEST Excess Surplus is defined in Section 34176.1(d) as an unencumbered amount in the account that exceeds the greater of one million dollars ($1,000,000) or the aggregate amount deposited into the account during the Housing Successor’s preceding four Fiscal Years, whichever is greater. The following provides the Excess Surplus test for the preceding four Fiscal Years: FY 2016/17 FY 2017/18 FY 2018/19 FY 2019/20 Beginning Balance $7,369.747.29 $6,697,726.00 $8,169,836.56 $9,667,242.02 Add: Program Income Deposits (Loan Repayment, Rent and Property Sales) 251,075.61 851,560.90 $1,132,492.80 $72,921.51 Add: Program Income - 20% City/Agency Loan Payment Deposit 992,235.00 800,724.00 $1,043,839.00 $851,597.00 Add: Encumbered Funds Deposits Less: Program Income Expenditures (229,021.28) (175,398.44) ($314,552.45) (422,621.10) Less: Encumbered Enforceable Obligation Fund Expenditures* ( 1,686,310.62) (4,775.90) ($364,373.89) (18,930.40) Less: Encumbrances (3,988,816.35) (7,645,040.45) ($8,355,416.56) ($5,136,486.16) Unencumbered Balance $2,708,909.65 $524,796.11 $1,311,825.46 $1,885,402.32 *Expenditures From Funds Encumbered by Enforceable Obligations which Transferred to the Housing Successor on February 1, 2012 in accordance with Health & Safety Code Section 34176(e)(2) and Affirmed by the Superior Court, County of Sacramento, Pursuant to Ruling on Petition for Writ of Mandate and Complaint for Declaratory and Injunctive Relief Filed/Endorsed on February 11, 2014. Page 8 of 8 The LMIHAF does not have an Excess Surplus. The aggregate program income deposited into the account during the four Fiscal Years is $5,996,445.82. The unencumbered amount of $1,885,402.32 does not exceed the aggregate amount deposited. XIII. HOMEOWNERSHIP UNITS The Housing Successor is to provide an inventory of homeownership units assisted by the former redevelopment agency or the housing successor that are subject to covenants or restrictions or to an adopted program that protects the former redevelopment agency’s investment of moneys from the Low and Moderate Income Housing Fund pursuant to subdivision (f) of Section 33334.3. A. Number of Homeownership Units as of 6/30/20 Number of Homeownership Units 63 B. Homeownership Units lost after February 1, 2012 Units Lost Reason for Loss 50 Loans paid off 356 Forgiven Loans 24 Loans written off due to foreclosure or short sale C. $17,241.09 of funds were returned to the housing successor during the Fiscal Year as part of an adopted program that protects the former redevelopment agency’s investment of moneys from the Low and Moderate Income Housing Fund. D. The housing successor has not contracted with an outside entity for the management of the single family homeownership loans. FY12 FY13 FY14 FY15 FY16 FY17 FY18 FY19 FY20 FY21 FY22ACTUALS ACTUALS ACTUALS ACTUALS ACTUALS ACTUALS ACTUALS ACTUALS ACTUALS ESTIMATE BUDGET(4/30/21)SOURCES OF FUNDSBeginning Cash Balance‐$             127,740.76$ 570,820.22$ 739,437.70$  1,771,523.56$ 3,194,620.32   4,208,909.65   5,685,796.11    7,547,894.56   8,121,152.32        6,620,688.80        Program Income ‐ Loan Repayments 14,121.64    366,997.66   236,406.36   257,346.18    244,463.57       178,391.61       195,265.02       1,104,376.73    144,281.86       1,119,782.94        50,000.00              Program Income ‐ NSP Program 74,130.55    112,245.75   ‐                       ‐                      ‐                           ‐                          Program Income ‐ Purchase Option/Property Sales91,993.55    653,063.83       65,659.00         655,195.88       (484.83)               ‐                      ‐                           ‐                          Program Income ‐ Rent 1,500.00      3,600.00        3,600.00        3,600.00         3,600.00           6,025.00           1,100.00           (600.00)               ‐                      ‐                           ‐                          Program Income ‐ Other‐                ‐                  ‐                  ‐                   ‐                     1,000.00           29,520.00           ‐                      ‐                           ‐                          Program Income ‐ Bond Proceeds480,132.00           Loan from COF ‐ Blackstone & McKinley‐                      ‐                          20% City/Agency Loan Repayment 844,236.40    687,671.00       992,235.00       800,724.00       1,043,839.00    851,597.00       829,801.00           433,122.60           Program Project Expense ‐ Annadale/Elm(3,200,000.00)       Program Income Expenses (54,004.98)  (39,763.95)    (71,388.88)    (73,096.72)     (165,701.64)     (229,021.28)     (175,398.44)     (314,552.45)      (422,621.10)     (250,047.46)           ‐                          Ending Cash Balance/Total Sources of Funds127,740.76 570,820.22   739,437.70   1,771,523.56 3,194,620.32$ 4,208,909.65$ 5,685,796.11$ 7,547,894.56$  8,121,152.32$ 6,620,688.80$      7,583,943.40$      Less:  Encumbered Funds ‐ Blackstone & McKinley (1,500,000.00)  (1,500,000.00)  (1,600,000.00)  (2,200,000.00)   (2,200,000.00)  (2,200,000.00)       (2,200,000.00)       Less:  Encumbered Funds ‐ Annadale & Elm(3,500,000.00)  (3,500,000.00)   (3,500,000.00)  (300,000.00)          (300,000.00)          Less:  Encumbered Funds ‐ Loan Repayment ‐ Blackstone & McKinley(474,750.00)      (474,750.00)     (474,750.00)           ‐                          Less:  Encumbered Funds ‐ 329 N College(61,000.00)         (61,000.00)        (61,000.00)            (61,000.00)            Less:  Encumbered Funds ‐ South Stadium(659,298.00)          (659,298.00)          Less: Encumbered Funds ‐ Florence/Walnut(680,000.00)$        Less: Encumbered Funds ‐ 1740 Van Ness(482,553.48)$        Ending Unencumbered Cash Balance/Total Sources of Unencumbered Funds1,694,620.32$ 2,708,909.65$ 585,796.11$     1,312,144.56$  1,885,402.32$ 2,925,640.80$      3,201,091.92$      USES OF RESTRICTED UNENCUMBERED FUNDS:Administration (1):   Personnel Salaries & Benefits200,000.00$            Operations and Maintenance300,000.00                   Sub‐Total ‐ Administration500,000.00$         Affordable Housing Development:HSA Property ‐ Florence/Plumas, Mono/GIncome Target Requirements:Development of Affordable Housing  ‐ 30% AMI 810,327.58    810,327.58$         Development of Affordable Housing  ‐ 30‐60% AMI 1,350,545.95   1,350,545.95        Development of Affordable Housing ‐ 60‐80% AMI540,218.38       540,218.38                   Sub‐Total ‐ Affordable Housing Development2,701,091.91$      (1) Administrative Allowance pursuant to California Health & Safety Code Section 34176.1(a).HOUSING SUCCESSOR TO THE REDEVELOPMENT AGENCY OF THE CITY OF FRESNOFY21‐22  PROGRAM INCOME FUNDS BUDGET Total Amounts Paid Through ROPS 20-21 Feb - JunACT/BUD 3/31 BALANCE ROPS 21-22Total ROPS I ROPS II ROPS III ROPS 13-14 ROPS 14-15 ROPS15-16 ROPS16-17 ROPS17-18 ROPS18-19 ROPS19-20 ROPS 20-21 REMAINING BUDGET BalanceHotel Frezno, LLC 2,075,053.93 (5,212.85) (5,955.42) - - - - (851,300.00) - (360,155.89) - - 852,429.77 (852,429.77) - TFS Invesments, LLC - Fultonia West 480,832.59 (3,712.85) (5,355.42) (17,221.44) - (435,000.00) - - - - - - 19,542.88 (2,931.43) 16,611.45 FFDA Properties, LLC - L Street 775,195.98 (6,188.10) (11,325.70) (17,221.44) (480,000.00) (240,000.00) - - - - - - 20,460.74 (3,069.11) 17,391.63 FFDA Properties, LLC - 1612 Fulton Street 698,338.21 (6,188.10) (444,657.70) (233,887.44) - - - - - - - - 13,604.97 (2,040.75) 11,564.22 FFDA Properties, LLC - 1608 Broadway 1,261,657.90 (6,188.10) (11,325.70) (17,221.44) (400,000.00) (400,000.00) (400,000.00) - - - - - 26,922.66 (4,038.40) 22,884.26 FFDA Properties, LLC - 1636-1660 Broadway 1,941,162.85 (6,188.10) (481,325.70) (17,221.44) (470,000.00) (470,000.00) (470,000.00) - - - - - 26,427.61 (3,964.14) 22,463.47 FFDA Properties, LLC - Fulton & Calaveras 3,560,043.66 (6,188.10) (1,261,325.70) (17,221.44) - (750,000.00) (750,000.00) (750,000.00) - - - - 25,308.42 (3,796.26) 21,512.16 Edison Plaza Partners, L.P. 5,699,129.65 (7,306.23) (5,988.87) (4,188.09) - - (5,655,000.00) - - - - - 26,646.46 (3,996.97) 22,649.49 Infill (eg. HFH) 27,585.64 - - - - (24,013.00) - - - - - - 3,572.64 (445.90) 3,126.74 Property Maintenance (eg. FCEOC) 363,428.64 - - - - - (2,720.39) - - - - - 360,708.25 (54,106.24) 306,602.01 Compliance Monitoring (eg. Compliance Services) 283,762.00 - - - - (47,070.00) (615.00) - - - - - 236,077.00 (35,411.55) 200,665.45 Affordable Housing Report, Audit 190,000.00 - - - - - - - - - - - 190,000.00 (28,500.00) 161,500.00 Property Based Improvement District 136,407.44 - - (2,298.14) (2,298.17) (4,596.46) (4,633.14) (2,581.53) (4,775.90) (4,218.00) (18,930.40) (11,259.54) 80,816.16 (12,122.42) 68,693.74 Prop Disp, Demo, Remediation, Infrastructure 387,785.14 - - (20,489.92) (22,245.77) (51,211.30) (4,450.00) (82,429.09) - - - - 206,959.06 (31,043.86) 175,915.20 17,880,383.63$ (47,172.43) (2,227,260.21) (346,970.79) (1,374,543.94) (2,421,890.76) (7,287,418.53) (1,686,310.62) (4,775.90) (364,373.89) (18,930.40) (11,259.54) 2,089,476.62 (1,037,896.80) 1,051,579.82$ Housing Asset Transfer Enforceable Obligations - Housing Asset Transfer Extremely Low (30% or less of AMI) Very Low (60% or less of AMI) Lower (80% or less of AMI) Moderate (120% or less of AMI)Total Hotel Fresno $468,831 $493,506 $937,662 -$1,900,000 Fultonia West -$870,000 --$870,000 L Street ---$1,440,000 $1,440,000 1612 Fulton ---$1,900,000 $1,900,000 1608 Broadway ---$1,600,000 $1,600,000 1636-1660 Broadway ---$1,880,000 $1,880,000 Fulton/Calaveras ---$3,500,000 $3,500,000 Edison Plaza --$5,665,000 -$5,665,000 sub-total $468,831 $1,363,506 $6,602,662 $10,320,000 $18,755,000 Program Income Funds 30%60%80%120%Total Annadale - Senior Housing $984,615 $2,215,385 --$3,200,000 Annadale - Single Family -$90,000 $210,000 -$300,000 Blackstone/McKinley $2,200,000 ---$2,200,000 329 N College --$61,000 -$61,000 473 N Glenn $25,000 ---$25,000 South Stadium -$659,298 --$659,298 Walnut & Florence -$360,000 $320,000 -$680,000 1740 Van Ness --$482,553 -$482,553 sub-total $3,209,615 $3,324,683 $1,073,553 $0 $7,607,851 42.2%43.7%14.1%0.0%100.0% TOTAL $3,678,447 $4,688,189 $7,676,215 $10,320,000 $26,362,851 30%60%80%120% Total Affordable Units MR Total Units (including Market Rate) Hotel Fresno 19 20 38 -77 -77 Fultonia West -30 --30 15 45 L Street ---9 9 19 28 1612 Fulton ---12 12 18 30 1608 Broadway ---19 19 -19 1636-1660 Broadway ---12 12 15 27 Fulton/Calaveras ---21 21 41 62 Edison Plaza --118 -118 -118 Annadale - Senior Housing 12 27 --39 -39 Annadale - Single Family -6 14 -20 -20 Blackstone/McKinley 18 69 --87 -87 329 N College --1 -1 -1 473 N Glenn 1 ---1 -1 South Stadium -10 --10 41 51 Walnut & Florence -9 8 -17 -17 1740 Van Ness --6 -6 22 28 TOTAL 50 171 185 73 479 171 650 30%60%80%120% Hotel Fresno $24,675 $24,675 $24,675 - Fultonia West -$29,000 -- L Street ---$160,000 1612 Fulton ---$158,333 1608 Broadway ---$84,211 1636-1660 Broadway ---$156,667 Fulton/Calaveras ---$166,667 Edison Plaza --$48,008 - Annadale - Senior Housing $82,051 $82,051 -- Annadale - Single Family -$15,000 $15,000 - Blackstone/McKinley $122,222 $0 -- 329 N College --$61,000 - 473 N Glenn $25,000 --- South Stadium -$65,930 -- Walnut & Florence -$40,000 $40,000 - 1740 Van Ness --$80,426 - *other funding sources not included J:\Department of Finance\SB 341 Report\SB341 REPORTS\[Affordable housing development expenditures_v5_market.xlsx]Sheet1 Affordable Housing Development - Average HSA Contribution per Unit* Affordable Housing Units by Income Level Affordable Housing Development Expenditures by Income Target Requirements Overview - Affordable Housing Development HSA 2012-2021 RLS: A21-0712 FILE ID: 21-22695 REPORT TO THE CITY COUNCIL DATE: June 17, 2021 FROM:SCOTT L. MOZIER, PE, Director Public Works Department SUBJECT: HEARING to consider the proposed Annual Assessment for the City of Fresno Landscaping and Lighting Maintenance District No. 1 (Citywide) 1. ***RESOLUTION – Confirming the diagram and assessment and levy of annual assessment, 2021-2022, for Landscaping and Lighting District No. 1 (Subject to Mayor’s Veto) RECOMMENDATION: Staff recommends the City Council: 1. Adopt a resolution confirming the diagram and assessment. 2. Levy and collect the annual assessments for Landscaping and Lighting Maintenance District No. 1. EXECUTIVE SUMMARY: The Landscaping and Lighting Maintenance Act of 1972 requires an annual hearing and levy of assessments for the City of Fresno Landscaping and Lighting Maintenance District No. 1 (LLMD). The assessment collected ($729,488) will provide for the maintenance of the City required landscaped easements along streets adjacent to the 145 subdivisions within the District. Today’s hearing is to allow opportunity for public comment about the LLMD and for the Council’s approval of the annual assessment. BACKGROUND: On March 22, 1983, the City Council adopted Resolution No. 83-93 ordering the formation of Assessment District No. 89 (District), subsequently renamed LLMD. The District was formed to recover the City's costs of maintaining the landscaping within public rights-of-way and easements adjacent to certain existing subdivisions. The District is now comprised of 145 subdivisions with 14,870 individual assessments. The landscaping improvements are maintained by Public Works Department from funds derived through the assessments levied by the District. These assessments will partially fund the cost of landscaping over the next year. The maintenance rate has remained unchanged since 1997 due to 5 7 0 the constraints placed by California Proposition No. 218, with the exception of one subdivision in northwest Fresno where the property owners voted to increase their assessments to dramatically improve services. The assessments do not cover the costs to maintain any street medians, frontage road islands, utility easements, trails, bike paths, and green ways. On May 19, 2021, the Engineer's Report was filed in the City Clerk's Office and has been available for public review. On May 13, 2021, the City Council adopted Resolution No. 2021-118 indicating its intention to levy and collect the annual assessments for properties within the District, and set today’s public hearing. The purpose of today's hearing is to allow all property owners affected by the District an opportunity to give public testimony regarding their assessments and for the Council to adopt the Resolution Approving the Engineer's Report and Levying Annual Assessments. At this time, we have received no letters of protest from District property owners. Today’s public hearing has been duly noticed and the attached Resolution has been reviewed and approved as to form by the City Attorney's Office. ENVIRONMENTAL FINDINGS: By the definition provided in the California Environmental Quality Act Guidelines Section 15378 this hearing does not qualify as a “project” and is therefore exempt from the California Environmental Quality Act requirements. LOCAL PREFERENCE: Local preference was not considered because this hearing does not include a bid or award of a construction or services contract. FISCAL IMPACT: The Public Works Department performed the maintenance in the past LLMD fiscal year using only assessment funds collected ($729,488). Approval of the annual levy of the LLMD assessments will provide funding for a continuation of the current service levels within the LLMD subdivisions. In the event the City Council elects not to confirm the assessments for FY 2022, the maintenance effort could be funded using General Fund, Community Sanitation Funds, or a combination thereof. The Council could also choose to terminate the service. ATTACHMENTS: Vicinity Maps Resolution BlackstoneNees Herndon Bullard Shaw Ashlan Shields McKinley Belmont Whites Bridge Alluvial Sierra Barstow Gettysburg Dakota Clinton Olive GarfieldBryanGrantlandHayesPolkCorneliaBlytheBrawleyValentineMarksVan NessWestFruitPalmFresnoFirstMillbrookCedarMapleChestnutWillowPeachAshlan Dakota Shields Clinton McKinley Olive Belmont Tulare Butler California Church Jensen Annadale North Kings CanyonMaroaInternational Copper Behymer Shepherd Nees Herndon Bullard Shaw Gettysburg Teague Alluvial Sierra Barstow Perrin ClovisSunnysideFowlerArmstrongTemperanceLocanClovisFowlerTemperanceSunnysideLocanArmstrongwasutesGrantlandHayesCorneliaBryanPolkBrawleyValentineBlytheKearney North Annadale California Jensen Church Nielsen 4213 4148 4138 4362 2770 4117 3994 3884 4432 4285 4031 4190 4343 4191 3638 4008 3067 40713710 4104 3966 3439 4173 3542 3729 3656 3983 4631 4421 4534 4377 4142 4090 3364 4664 4573 4380 3261 4510 4125 4034 4356 4127 4537 41123802 4645 3818 3594 4026 3781 4405 4255 4385 3274 3834 3976 4057 4594 4345 4717 4208 4603 3797 4212 4282 3129 4237 3679 4224 9131 4606 3792 3811 4675 4707 3913 4639 3150 4145 4581 3748 3876 3590 4049 4074 4564 4339 3684 4381 4439 3815 4056 4186 4401 4528 3970 3852 3888 4473 3903 3940 3943 3905 4217 4108 3999 4350 4134 3772 4687 4461 4323 3770 4488 8130 3817 4471 4549 4482 3151 4574 4320 4045 8316 4312 4209 4347 4223 4402 4004 3768 3220 3566 3854 4079 4155 3776 4337 9225 9128 9031·|}þ99 ·|}þ41 ·|}þ180 ·|}þ168 ·|}þ41 ·|}þ168 Clovis K:\A_LANDSCAPE\Erika\6_Special_Projects\2020-2021\LLMD_Maps\FY21-22_Cover.mxd LOCATION MAP _______________________________________ PORTION OF FRESNO METROPOLITAN AREA (MAP 1 OF 5) DOC. NO. _______________________ FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF FRESNO THIS ______ DAY OF ____________, 2021. ATTEST: YVONNE SPENCE, CMC CITY CLERK OF THE CITY OF FRESNO BY: ____________________________ DEPUTY A RESOLUTION CONFIRMING THE DIAGRAM AND ASSESSMENT FOR THE LEVY OF ANNUAL ASSESSMENTS AFTER FORMATION OF CITY OF FRESNO LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 1 WAS ADOPTED BY THE COUNCIL OF THE CITY OF FRESNO BY RESOLUTION NO. 2021- ___ ON _________________, 2021 ATTEST: YVONNE SPENCE, CMC CITY CLERK OF THE CITY OF FRESNO BY: ____________________________ DEPUTY THE ASSESSMENT DIAGRAM OF THE CITY OF FRESNO LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 1, WAS FILED THIS ______ DAY OF ____________, 2021 AT THE HOUR OF ______ O'CLOCK ___M AT BOOK __, PAGES ________ THROUGH ________ OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS IN THE OFFICE OF THE COUNTY RECORDER IN THE COUNTY OF FRESNO, STATE OF CALIFORNIA. PAUL DICTOS, C.P.A. COUNTY RECORDER OF THE COUNTY OF FRESNO BY: ____________________________ CITY OF FRESNO, COUNTY OF FRESNO, STATE OF CALIFORNIA BOUNDARY MAP OF CITY OF FRESNO LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 1 É Legend LLMD Tracts Council Districts District 1 District 2 District 3 District 4 District 5 District 6 District 7 1 of 5 ACCT NO. P.W. FILE NO. CONSTR. ENG.: OFFICE ENG: CITY ENGINEER: DR. BY: SHEET NO 1 CH. By: SHEETS DATE: BOUNDARY MAP OF LANDSCAPING AND  LIGHTING MAINTENANCE DISTRICT NO. 1 REF. & REV. CITY OF FRESNO ‐ Public Works Department S. MOZIER 4/12/2021 4285 3638 3439 4090 4385 3834 3797 4282 3129 36793811 4675 3150 4074 4339 4381 4473 4217 4350 4488 44714482 4320 4347 4402 3220 4274 ·|}þ99 ·|}þ99 SHAW AVE ASHLAN AVE CLINTON AVE MCKINLEY AVE POLK AVESHIELDS AVE HAYES AVEBRYAN AVEWEBER AVEDAKOTA AVE CORNELIA AVEBLYTHE AVEHUGHES AVEWEST AVEMARKS AVEBRAWLEY AVEEMERSONAVE GRANTLAND AVEVALENTINE AVEMARTYAVEGETTYSBURG AVE GOLDEN STATE BLVDPARKWAYDR FELANDAVEEMERSON AVE BRAWLEY AVEGOLDEN STATE BLVDSHIELDS AVEVALENTINE AVEMARKS AVEBLYTHEAVEGRANTLAND AVEVALENTINE AVEDAKOTA AVE 99 HWY99 HWYGRANTLAND AVEK:\A_LANDSCAPE\Erika\6_Special_Projects\2020-2021\LLMD_Maps\FY21-22_Sheet_2.mxd LOCATION MAP _______________________________________ PORTION OF FRESNO METROPOLITAN AREA CITY OF FRESNO, COUNTY OF FRESNO, STATE OF CALIFORNIA BOUNDARY MAP OF CITY OF FRESNO LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 1 É Legend LLMD Tracts Council Districts District 1 District 2 District 3 District 4 District 5 District 6 District 7 2 of 5 ACCT NO. P.W. FILE NO. CONSTR. ENG.: OFFICE ENG: CITY ENGINEER: DR. BY: SHEET NO 2 CH. By: SHEETS DATE: BOUNDARY MAP OF LANDSCAPING AND  LIGHTING MAINTENANCE DISTRICT NO. 1 REF. & REV. CITY OF FRESNO ‐ Public Works Department S. MOZIER 4/12/2021 3542 4377 4057 4717 4606 3748 3590 4056 4401 3852 4209 3940 4224 4079 4155 9225 9128 ·|}þ99 ·|}þ180 ·|}þ41 ·|}þ168 ·|}þ41 ·|}þ41 ·|}þ99 ·|}þ168 OLIVE AVE BELMONT AVE TULARE ST NORTH AVEMAPLE AVEG STCEDAR AVECLOVIS AVECHESTNUT AVEM STBUTLER AVE ELM AVEKINGS CANYON RD FOWLER AVEFRESNO ST P STVENTURA ST WILLOW AVEFIRST STPEACH AVEGOLDEN STATE BLVDVAN NESS AVECHERRY AVEJENSEN AVE EAST AVEBROADWAYR STARMSTRONG AVELANE AVEH STORANGE AVECALIFORNIA AVEO STTUOLUMNE ST INYO STABBY STMARTIN LUTHER KING JR BLVDCHURCH AVE STANISLAUS STSANPABLOAVE HAMILTON AVE B STSUNNYSIDE AVEANNADALE AVE BLACKSTONE AVEFIG AVEHAZEL WOOD BLVDRAI LROAD AVEMINNEWAWAAVEDIVISADERO ST L O S A N G E L E S S T PULLMAN AVEDIVISADERO ST EAST AVET U L A R E ST B STC A L I F O R N I A AVE C A LIFORNIA A V E CEDAR AVECALIFORNIA AVE CHURCH AVE PEACH AVECHURCH AVEWILLOW AVEBROADWAYCALIFORNIA A V E ARMSTRONG AVEORANGE AVECHURCH AVE 99 HWY180 FWY 41 HWY1 6 8 FWY41 H W Y 41 HWY99 HWYK:\A_LANDSCAPE\Erika\6_Special_Projects\2020-2021\LLMD_Maps\FY21-22_Sheet_3.mxd LOCATION MAP _______________________________________ PORTION OF FRESNO METROPOLITAN AREA CITY OF FRESNO, COUNTY OF FRESNO, STATE OF CALIFORNIA BOUNDARY MAP OF CITY OF FRESNO LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 1 É Legend LLMD Tracts Council Districts District 1 District 2 District 3 District 4 District 5 District 6 District 7 3 of 5 ACCT NO. P.W. FILE NO. CONSTR. ENG.: OFFICE ENG: CITY ENGINEER: DR. BY: SHEET NO 3 CH. By: SHEETS DATE: CITY OF FRESNO ‐ Public Works Department REF. & REV. BOUNDARY MAP OF LANDSCAPING AND  LIGHTING MAINTENANCE DISTRICT NO. 1 S. MOZIER 4/12/2021 3994 4213 4148 4138 3884 4031 4343 4173 3729 3983 4631 4421 4534 4142 3364 4664 4573 4380 4474 4356 4127 4537 4255 4345 4208 4707 4145 3876 3684 4300 4439 4186 3888 3903 3943 4108 3999 3772 4687 4323 4574 4229 4004 4251 4269 4312 4337 9031 ·|}þ99 ·|}þ99 WEST AVEMARKS AVESIERRA AVE BULLARD AVE FRUITAVESAN JOSE AVEPOLKAVE BARSTOW AVE GOLDEN STATE BLVD DANTEAVE SPRUCE AVE ALLUVIAL AVE FIGARDEN DR R I V E R VISTADR MILBURN AVEGATES AVEHAYESAVE SANTA FE AVECECELIAAVE BRAWLEY AVEESCALON AVE PALO ALTO AVE BRYAN AVEJEANNE AVERIVERSIDEDR BLYTHE AVECARNEGIE AVESIERRA AVE BRAWLEY AVEBULLARD AVE S PRUCEAVE PALO ALTO AVE BARSTOW AVE BLYTHE AVE99 HWY99 HWYVETERANS BLVDK:\A_LANDSCAPE\Erika\6_Special_Projects\2020-2021\LLMD_Maps\FY21-22_Sheet_4.mxd LOCATION MAP _______________________________________ PORTION OF FRESNO METROPOLITAN AREA CITY OF FRESNO, COUNTY OF FRESNO, STATE OF CALIFORNIA BOUNDARY MAP OF CITY OF FRESNO LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 1 É Legend LLMD Tracts Council Districts District 1 District 2 District 3 District 4 District 5 District 6 District 7 4 of 5 ACCT NO. P.W. FILE NO. CONSTR. ENG.: OFFICE ENG: CITY ENGINEER: DR. BY: SHEET NO 4 CH. By: SHEETS DATE: CITY OF FRESNO ‐ Public Works Department REF. & REV. BOUNDARY MAP OF LANDSCAPING AND  LIGHTING MAINTENANCE DISTRICT NO. 1 S. MOZIER 4/12/2021 2770 4117 3884 4432 4362 4190 4191 4008 3067 40713710 4104 3966 3656 4631 3261 4510 4125 4034 4537 4112 3802 4645 3818 3594 4026 3781 4405 3274 3976 4594 4603 42124335 4237 91313792 3913 4639 4581 4049 4564 4261 3815 4528 3970 4352 3905 4134 3819 4461 3770 4540 8130 3817 4050 4549 4045 8316 3351 4223 4159 3566 4601 3772 3151 3593 3987 3768 3854 4198 3305 3776 8129 3699 3607 ·|}þ41 ·|}þ41 NEES AVE P E R RIN AVE CEDAR AVESHEPHERD AVE TEAGUE AVE FRESNO STMILLBROOK AVEPALMAVECHAMPLAI NDRALLUVIAL AVE COLE AVE INTERNATIONAL AVE INGRAM AVEMAPLE AVESOMMERVILLEDRCHESTNUTAVE BLACKSTONE AVEWEST AVEBEHYMER AVE FORTWASHINGTONRDGRANVILLE AVELOCUST AVE E L P A S O AVE FRIANTRD ALLUVIAL AVE MAPLE A VECHESTNUT AVEMILLBROOKAVEALLUVIAL AVE BEHYMER AVE 41 HWY41 HWYWILLOW AVEF RI ANTR DClovis K:\A_LANDSCAPE\Erika\6_Special_Projects\2020-2021\LLMD_Maps\FY21-22_Sheet_5.mxd LOCATION MAP _______________________________________ PORTION OF FRESNO METROPOLITAN AREA CITY OF FRESNO, COUNTY OF FRESNO, STATE OF CALIFORNIA BOUNDARY MAP OF CITY OF FRESNO LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 1 É Legend LLMD Tracts Council Districts District 1 District 2 District 3 District 4 District 5 District 6 District 7 5 of 5 ACCT NO. P.W. FILE NO. CONSTR. ENG.: OFFICE ENG: CITY ENGINEER: DR. BY: SHEET NO 5 CH. By: SHEETS DATE: CITY OF FRESNO ‐ Public Works Department REF. & REV. BOUNDARY MAP OF LANDSCAPING AND  LIGHTING MAINTENANCE DISTRICT NO. 1 S. MOZIER 4/12/2021 RLS: A21-0724 FILE ID: 21-22693 REPORT TO THE CITY COUNCIL DATE: June 17, 2021 FROM:SCOTT L. MOZIER, PE, Director Public Works Department BY: ANDREW J. BENELLI, PE, City Engineer / Assistant Director Traffic Operations and Planning Division, Public Works Department SUBJECT: 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. 50 (Assessor’s Parcel Numbers 504-092-50S, 504-092-51S, and 504-092-54S - El Paseo Phase III) (territory located on the southwest side of North Riverside Drive, south of West Herndon Avenue) (Council District 2) 1. ***RESOLUTION – to Annex Territory to Community Facilities District No. 9 and Authorizing the Levy of a Special Tax for Annexation No. 50 (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. 9, Annexation No. 50 (Subject to Mayor’s Veto) RECOMMENDATION: 1. Adopt Resolution to Annex Territory to Community Facilities District No. 9 and Authorizing the Levy of a Special Tax for Annexation No. 50, 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. 9, Annexation No. 50. EXECUTIVE SUMMARY: On May 13, 2021, the Council of the City of Fresno (Council) adopted Council Resolution No. 2021- 116 with the intent to annex territory to Community Facilities District No. 9 (CFD No. 9) at the request of the landowner of the Commercial Development of Assessor’s Parcel Numbers 504-092-50S, 504- 5 6 8 092-51S, and 504-092-54S. This is the noticed public hearing to consider annexing Assessor’s Parcel Numbers 504-092-50S, 504-092-51S, and 504-092-54S as Annexation No. 50 to CFD No. 9 to provide funding for the Services (as hereafter defined) pertaining to certain above ground public improvements associated with this Development. The cost for Services totals $5,001 annually for Fiscal Year 2020-2021. If approved, the recommended resolutions and ordinance will levy a Special Tax on the properties within the boundaries of Annexation No. 50 for identified Services. (See attached location map) BACKGROUND: On December 16, 2008, the Council adopted Council Resolution No. 2008-351 forming CFD No. 9 to fund the Services for public improvements/areas that may benefit not only a particular subdivision or a portion of, but also the City of Fresno (City) and the public at large, that serve a public purpose, and that are constructed or installed on public property or dedicated rights-of-way or easements. CFD No. 9 is to provide maintenance for certain regulatory required public improvements located within and adjacent to public streets on the perimeter of commercial, industrial and multi-family subdivisions as described and permitted by the City of Fresno Special Tax Financing law, Chapter 8, Division 1, Article 3 of the Fresno Municipal Code (City Law) 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). New commercial, industrial and multi-family subdivisions and parcel maps have different needs and standards than those of a standard single-family residential subdivision. Commercial, industrial and multi-family subdivisions are traditionally self-maintained with different proprietary requirements for landscaping, signage and general designs. CFD No. 9 is designed to accommodate these requirements by providing funding of services for certain required public improvements in the public rights-of-way along the perimeters of these developments. The landowner has petitioned the City to have Assessor’s Parcel Numbers 504-092-50S, 504-092- 51S, and 504-092-54S annexed to CFD No. 9 to provide funding for the operation and reserves for maintenance (Services) pertaining to certain above ground public improvements located within the public easements adjacent to this development. These improvements may include landscaping, trees, and irrigation systems within the median island; concrete curbs, gutters, median capping and maintenance bands, sidewalks and curb ramps; and street lighting as associated with this development. Pursuant to this petition, the Council adopted Council Resolution No. 2021-116, declared its intention to annex Assessor’s Parcel Numbers 504-092-50S, 504-092-51S, and 504-092- 54S to CFD No. 9, and set the public hearing for formal consideration. Council Resolution No. 2021-116 also directed preparation of a District Report describing the Services and the costs of those services and this report is on file with the City Clerk of the City of Fresno. If adopted by the Council, the attached ordinance would levy the proposed maximum special tax totaling $5,001 annually 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. 5 6 8 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 resolutions and ordinance 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. 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 territory. ATTACHMENTS: Location Map Resolution Annex-Levy Resolution Calling Election Resolution Declaring Results Ordinance FILE ID: 21-22469 REPORT TO THE CITY COUNCIL DATE: June 17, 2021 FROM: DAVID BOLTON, Risk Manager, Personnel Services Department BY: David Bolton, Risk Manager SUBJECT: Workshop- Insurance and Indemnity Requirements ATTACHMENTS: PowerPoint Presentation RLS: FILE ID: 21-22734 REPORT TO THE CITY COUNCIL DATE: June 17, 2021 SUBJECT: Budget Overflow (If Needed)(Continued Budget Hearings) RLS: FILE ID: 21-22708 REPORT TO THE CITY COUNCIL DATE: June 17, 2021 SUBJECT: CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) Case Name: Dennis Cooper v. City of Fresno and Police Officer Nathan Christian Hanna Fresno Superior Court Case No.: 19CECG04245 Sponsor: City Attorney's Office RLS: FILE ID: 21-22737 REPORT TO THE CITY COUNCIL DATE: June 17, 2021 SUBJECT: CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION - Government Code Section 54956.9, subdivision (d)(1) Terance Frazier, et al. v. City of Fresno, et al.; United States District Court Case No.: 1:20-CV-01069 RLS: FILE ID: 21-22738 REPORT TO THE CITY COUNCIL DATE: June 17, 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