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2021-04-28 Council Agenda Packet
Wednesday, April 28, 2021 9:00 AM City of Fresno 2600 Fresno Street Fresno, CA 93721 www.fresno.gov Council Chambers City Council President -Luis Chavez Vice President - Nelson Esparza Councilmembers: Esmeralda Z. Soria, Mike Karbassi, Miguel Arias, Tyler Maxwell, Garry Bredefeld City Manager - Thomas Esqueda City Attorney - Douglas T. Sloan City Clerk - Yvonne Spence, MMC Meeting Agenda - Final-revised "Additional Regular Meeting" April 28, 2021City Council Meeting Agenda - Final-revised PUBLIC ADVISORY: THE CITY COUNCIL CHAMBERS AND CITY HALL WILL NOT BE OPEN TO THE PUBLIC While Emergency Order No. 2020-12 is in effect, City of Fresno public meetings will be conducted electronically and telephonically only. No one will be physically present in the Chambers, and the Chambers will not be open to the public. City Hall remains closed to the public. You can also participate in the meeting on our City’s website click on the URL https://fresno.legistar.com/Calendar.aspx and click on the “In progress” link under “video” for the corresponding meeting. The Council meeting can also be viewed live at 9:00 A.M. on Comcast Channel 96 and AT&T Channel 99. Members of the public are encouraged to participate electronically because of limited seating in the Chamber due to social distancing. PUBLIC COMMENT: The following options are available for members of the public who want to address City Council: 1. eComment at https://fresno.legistar.com/Calendar.aspx. a) eComments is a tool for citizens to use to make comments on agenda items. It will be open during the Council meeting and closed at the end of the meeting and will be a part of the official record. The User Agreement and Procedures document for eComment can be accessed by the URL https://www.fresno.gov/cityclerk/ b) eComments will be a maximum of 450 words. OR 2. You are invited to a Zoom webinar. When: April 28, 2021 09:00 AM Pacific Time (US and Canada) Topic: April 28, 2021 Regular Meeting a) Register in advance for this webinar: https://zoom.us/webinar/register/WN_O9SB0RklT6u9VU7-Afcaog After registering, you will receive a confirmation email containing information about joining the webinar. b) If you do not wish for your name to appear on the screen, then use the drop down menu and click on “rename” to rename yourself. Page 2 City of Fresno Printed on 4/28/2021 April 28, 2021City Council Meeting Agenda - Final-revised c) If you wish to address Council during the public comment portion of the agenda, click on the icon labeled “Participants” at the bottom center of your PC or Mac screen. At the bottom of the window on the right side of the screen, click the icon labeled “RaiseHand”. Your digital hand will now be raised. d) Those addressing Council must state their name for the record. e) To facilitate electronic access, no person shall speak until recognized by the Presiding Officer. OR 3. Email: to clerk@fresno.gov a) Residents may also email comments to be read during the meeting. Please include the agenda date and item number you wish to speak on in the subject line of your email. b) Emails will be a maximum of 450 words. c) All comments received will be distributed to Council prior and during the meeting and will be a part of the official record. All participants will be on mute until they are called upon at which point they will be unmuted. To prevent participants from having their video on, we will remove the option to show their video. Pursuant to the Executive Order, and in compliance with the Americans with Disabilities Act, If you need additional accommodations such as interpreters, sign language signers, or the services of a translator, please contact the office of the City Clerk at (559) 621-7650 or clerk@fresno.gov. To ensure availability, you are advised to make your request at least three business days prior to the meeting. The City of Fresno thanks you in advance for taking all precautions to prevent spreading COVID-19 virus. Page 3 City of Fresno Printed on 4/28/2021 April 28, 2021City Council Meeting Agenda - Final-revised ASESORIA PÚBLICA: LAS CÁMARAS DEL AYUNTAMIENTO Y EL AYUNTAMIENTO NO ESTARÁN ABIERTAS AL PÚBLICO Mientras la Orden de Emergencia No. 2020-12 esté vigente, las reuniones públicas de la Ciudad de Fresno se llevarán a cabo únicamente de manera electrónica y telefónica. Nadie estará físicamente presente en las Cámaras y las Cámaras no estarán abiertas al público. El Ayuntamiento permanece cerrado al público. Usted pude participar en la junta en el sitio de internet de nuestra ciudad, haga clic en el URL https://fresno.legistar.com/Calendar.aspx y haga clic en el enlace "En progreso" debajo de "video" para la junta correspondiente. La reunión del Consejo también se puede ver en vivo a las 9:00 a.m. en el Canal 96 de Comcast 96 y el Canal 99 de AT&T. Se anima a los miembros del público a participar electrónicamente dado al espacio de asientos limitados en las Cámaras del Consejo dado al distanciamiento social. COMENTARIO PÚBLICO: Las siguientes opciones están disponibles para los miembros del público que desean dirigirse al Consejo de la Ciudad: 1. Comentario electrónico en https://fresno.legistar.com/Calendar.aspx. a) Los eComments (comentarios electrónicos) estarán abiertos durante la reunión del Consejo y se cerrarán al final de la reunión y formarán parte del registro oficial. Se puede acceder al documento de Acuerdo del Usuario y Procedimientos para eComment a través de la URL https://www.fresno.gov/cityclerk/ b) Los comentarios electrónicos serán de un máximo de 450 palabras. OR 2. Únase en línea por Zoom Estás invitado a un seminario web de Zoom Cuándo: 28 de Abril de 2021 9:00 a.m., hora del Pacífico (EE. UU. Y Canadá) Tema: 28 de Abril de 2021 Reunión ordinaria a) Regístrese con anticipación para este seminario web https://zoom.us/webinar/register/WN_O9SB0RklT6u9VU7-Afcaog b) Si no desea que su nombre aparezca en la pantalla, utilice el menú desplegable y Page 4 City of Fresno Printed on 4/28/2021 April 28, 2021City Council Meeting Agenda - Final-revised haga clic en "cambiar nombre" para renombrarse. c) Si desea dirigirse al Consejo de la Ciudad durante la sección de comentarios públicos de la agenda, haga clic en el icono con la etiqueta "Participantes" en la parte inferior central de la pantalla de su PC o Mac. En la parte inferior de la ventana en el lado derecho de la pantalla, haga clic en la parte inferior con la etiqueta "Levantar la Mano". Su mano digital ahora se levantará. d) Aquellos que se dirijan al Consejo deben indicar su nombre para el registro. e) Para facilitar el acceso electrónico, ninguna persona hablará hasta que el Dirigente Oficial lo reconozca. OR 3. Correo electrónico: a clerk@fresno.gov a) Los residentes también pueden enviar comentarios por correo electrónico para ser leídos durante la reunión. Incluya la fecha del agenda y el número de artículo sobre el que desea hablar en la línea de asunto de su correo electrónico. b) Los correos electrónicos tendrán un máximo de 450 palabras. c) Todos los comentarios recibidos se distribuirán al Consejo antes y durante la reunión y formarán parte del registro oficial. Todos los participantes estarán en silencio hasta que se les elija, en cuyo punto se desactivara el silenciador. Para evitar que los participantes tengan su video encendido, eliminaremos la opción de mostrar su video. En conformidad con la Orden Ejecutiva, y en conformidad con la Ley de Estadounidenses con Discpacidades, si necesita adaptaciones adicionales, como intérpretes, un signante del lenguaje a señas o los servicios de un traductor, comuníquese con la oficina del Secretario de la Ciudad al (559) 621-7650 o clerk@fresno.gov. Para asegurar disponibilidad, le aconsejamos que haga su petición por lo menos tres días de negocio antes de la reunión. La Ciudad de Fresno le agradece de antemano por tomar todas las precauciones para evitar la propagación del virus COVID-19. Page 5 City of Fresno Printed on 4/28/2021 April 28, 2021City Council Meeting Agenda - Final-revised COV LUS TSHAJ TAWM RAU COV PEJ XEEM: LUB NROOG SUAV CHAMBERS THIAB LUB NROOG HU YUAV TSIS QHIB RAU COV PEJ XEEM Thaum Daim Ntawv Sau Tseg Thaum Muaj Xwm Ceev No. 2020-12 tseem tab tom siv, Lub Nroog Fresno cov rooj sib tham yuav yog siv hluav taws xob thiab xov tooj xwb. Yuav tsis muaj ib tus neeg lub cev nyob hauv Chambers, thiab Chambers yuav tsis qhib rau pej xeem. Lub Nroog Tseem Ceeb raug kaw rau hauv zej zog. Koj koom tau nrog lub rooj sib tham hauv Lub Nroog qhov vesxaij nias rau qhov URL https://fresno.legistar.com/Calendar.aspx thiab nias rau qhov sau tias “In progress” hauv qab qhov sau tias "video" kom koj pom tau lub rooj sib tham. Peb yuav tso Pab Pawg Tswj Xyuas Lub Nroog lub rooj lus sib tham tib lub sijhawm lawv tham ntawd thaum 9:00 A.M. ntawm Comcast Tshooj 96 thiab AT&T Tshooj 99. Peb txhawb kom cov pej xeem koom hauv istawsnev vim tias peb tsis muaj rooj zaum ntau hauv Lub Tsev Sib Tham kom nyob nrug deb tau ntawm lus tus. LUS LOS NTAWM COV PEJ XEEM : Peb muaj cov kev ntawm no rau cov pej xeem uas xav hais lus rau Pab Pawg Tswj Xyuas Lub Nroog: 1. Saum eComment ntawm https://fresno.legistar.com/Calendar.aspx. a) Peb yuav qhib eComment lub sijhawm Pab Pawg Tswj Xyuas Lub Nroog tseem tuav lub rooj sib tham thiab peb yuav kaw thaum lub rooj sib tham xaus thiab peb yuav khaws tseg cov lus hauv rau peb cov ntaub ntawv. Koj mus saib tau Cov Lus Pom Zoo thiab Cov Txheej Txheem Rau Tus Neeg Siv eComment ntawm qhov chaw nyob URL https://www.fresno.gov/cityclerk/ b) Peb tsuas pub koj sau 450 cov lus hauv eComments xwb. OR 2. YKoj raug caw tuaj koom lub rooj sib tham Zoom a) Thaum: Plaub Hlis Ntuj 28, 2021 09:00 AM Pacific Lub Sijhawm (Tebchaws Asmeskas thiab Canada) Cov ntsiab lus: Plaub Hlis Ntuj 28, 2021 Kev Sib Tham Sib Tham Tso npe rau npe ua ntej lub webinar: https://zoom.us/webinar/register/WN_O9SB0RklT6u9VU7-Afcaog Tom qab sau npe, koj yuav tau txais email kabke muaj cov ntaub ntawv hais txog koom nrog lub webinar. Page 6 City of Fresno Printed on 4/28/2021 April 28, 2021City Council Meeting Agenda - Final-revised b) Yog tias koj tsis xav kom pom koj lub npe ntawm daim screen rau txhua tus pom, ces nias rau qhov menu kom nws tshwm qhov sau tias "rename" kom koj sau tau ib lub npe rau koj tus kheej. c) Yog tias koj xav hais lus rau Pab Pawg Tswj Xyuas Lub Nroog lub sijhawm lawv qhib rau cov pej xeem hais lus, nias rau qhov sau tias “Participants” uas nyob hauv qab lub nrab ntawm koj daim screen rau lub PC lossis Mac. Hauv qab koj daim screen ntawm sab xis, nias qhov sau tias “Raise Hand”. Thaum koj ua li no nws yuav pom koj tsa koj txhais tes. d) Cov uas hais lus rau Pab Pawg Tswj Xyuas Lub Nroog yuav tsum qhia lawv lub npe rau peb muab ntaus cia. e) Kom peb pab cov tib neeg saum istawsnev, peb yuav tsis pub leej twg hais lus txog txij Tus Tswj Saib Xyuas tso cai tso. OR 3. Email: rau clerk@fresno.gov a) Cov tib neeg uas nyob hauv lub nroog kuj email tau lawv cov lus tuaj rau peb nyeem thaum peb tuav lub rooj sib tham los tau thiab. Thov sau lub hnub tim ntawm lub rooj sib tham thiab tus lej ntawm qhov koj xav tham txog uas koj xav hais lus rau ntawm kab subject line (kab qhia txog cov ntsiab lus ntawm tsab email) rau koj qhov email. b) Peb tsuas pub koj sau mus txog 450 cov lus rau hauv koj qhov email xwb. c) Tagnrho cov lus yuav muab faib rau Pab Pawg Tswj Xyuas Lub Nroog pom ua ntej thiab thaum lwv tseem tuav lub rooj sib tham thiab peb yuav khaws tseg tagnrho cov lus hais rau peb cov ntaub ntawv. Peb yuav tua kom txhob hnov cov neeg koom lub suab hais txog txij lawv hu nws lub npe ces thaum ntawd mam li taws pub hnov nws hais lus. Kom peb pab tiv thaiv kom tsis txhob pom cov neeg koom, peb yuav tua qhov pom tus neeg. Raws li Cov Lus Khoo Los Ntawm Cov Nom Tswv, thiab kom peb ua tau raws li Txoj Cai Tiv Thaiv Cov Neeg Asmesliskas Uas Muaj Tej Yam Kev Xiam Oob Qhab, Yog tias koj tim-tsum tej kev pab xws li neeg txhais lus, neeg txhais lus piav tes, los sis ib tug neeg txhais ntawv, thov hu rau qhov chaw ua hauj-lwm City Clerk ntawm (559) 621-7650 los sis clerk@fresno.gove. Txhawm rau kom muaj qhov muaj, koj tau hais qhia kom koj thov li tsawg kawg peb hnub cov hnub ua haujlwm ua ntej lub rooj sib Page 7 City of Fresno Printed on 4/28/2021 April 28, 2021City Council Meeting Agenda - Final-revised tham. Lub Nroog Fresno xav ua tsaug rau koj ua ntej los xyuam xim tiv thaiv kom tus kab mob COVID-19 tsis txhob kis tau ntxiv. Page 8 City of Fresno Printed on 4/28/2021 April 28, 2021City Council Meeting Agenda - Final-revised NOTICE OF ADDITIONAL REGULAR MEETING OF THE COUNCIL OF THE CITY OF FRESNO DATE: Wednesday, April 28, 2021 TIME: 9:00 A.M. LOCATION: City Hall Council Rule of Procedure 5(f) provides: "Regular Council meetings may be added or canceled by the Council President by providing a memo to the City Clerk at least seven days in advance of the meeting signed by the Council President and two additional Councilmembers, and in compliance with the Brown Act." Please Take Notice the Council of the City of Fresno hereby adds a regular Council meeting on Wednesday, April 28, 2021, beginning at 9:00 A.M. Notice of Regular Meeting - SIGNEDID 21-590 Sponsors:Council President Chavez, Councilmember Karbassi and Councilmember Maxwell Page 9 City of Fresno Printed on 4/28/2021 April 28, 2021City Council Meeting Agenda - Final-revised 9:00 A.M. ROLL CALL Invocation by Pastor Darryl Du'Chene from Faith Worship Center Pledge of Allegiance to the Flag APPROVE AGENDA CEREMONIAL PRESENTATIONS COUNCILMEMBER REPORTS AND COMMENTS MAYOR/MANAGER REPORTS AND COMMENTS 1. CONSENT CALENDAR Approval of minutes for April 22, 2021 Regular Meeting, and April 22, 2021 Special Emergency Meeting. ID 21-0171-A Sponsors:City Clerk's Office Reject all bids for the Fresno Yosemite International Airport Residential Sound Insulation Program Phase 18, Bid Group 26 (Bid File 3744) (Council District 4) ID 21-5071-B Sponsors:Airports Department Actions pertaining to groundwater recharge and reimbursement for cooperative agency groundwater recharge infrastructure (Council District 1, Fresno County, Citywide): 1.Adopt a finding that approval of the Reimbursement Agreement for Cooperative Agency Groundwater Recharge Infrastructure Construction Project (Intertie Facilities to Storm Drain Basin AI) is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301/Class 1 of the CEQA Guidelines; 2.Adopt a finding that approval of the Fourth Amendment to the Agreement for Use of Basins for Groundwater Recharge is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301/Class 1 of the CEQA Guidelines; 3.Approve the Reimbursement Agreement for Cooperative Agency Groundwater Recharge Infrastructure Construction Project (Intertie Facilities to Storm Drain Basin AI) between the City of Fresno and Fresno Metropolitan Flood Control District to authorize a cost-share reimbursement to the Fresno Metropolitan Flood Control District for the construction of groundwater recharge intertie facilities to storm drain Basin AI in the amount of $80,770.95; 4.Approve the Fourth Amendment to the Agreement for Use of Basins for ID 21-4601-C Page 10 City of Fresno Printed on 4/28/2021 April 28, 2021City Council Meeting Agenda - Final-revised Groundwater Recharge between the City of Fresno and Fresno Metropolitan Flood Control District to add storm drain Basins AI and EO to the list of storm drain basins authorized for groundwater recharge Sponsors:Department of Public Utilities BILL (For Introduction) - Amending Chapter 6, Article 9 of the Fresno Municipal Code, the Recycled Water Ordinance (All Council Districts) ID 21-4691-D Sponsors:Department of Public Utilities Actions pertaining to the Leaky Acres Groundwater Facility: 1.Adopt a finding of Categorical Exemption, pursuant to Section 15306 and Statutory Exemption pursuant to Section 15262 of the California Environmental Quality Act (CEQA) Guidelines 2.Approve a Consultant Services Agreement with GeoSystems Analysis, Inc., for preparation of the Leaky Acres Groundwater Recharge Facility Master Plan, for an amount not to exceed $150,504, including a $13,700 contingency (Council District 4) ID 21-5061-E Sponsors:Department of Public Utilities ***RESOLUTION - Authorizing the preparation and submission of financial assistance applications to the California State Water Resources Control Board for planning, design, and construction of sewer infrastructure for the Daleville residential community (Fresno County) (Subject to Mayor’s veto) ID 21-5271-F Sponsors:Department of Public Utilities Page 11 City of Fresno Printed on 4/28/2021 April 28, 2021City Council Meeting Agenda - Final-revised Approve a Consultant Services Agreement with Michael K. Nunley & Associates, Inc., to provide engineering design services for wellhead treatment improvements at Pump Stations 177 and 185 for an amount not to exceed $339,045 (Council District 6) ID 21-5301-G Sponsors:Department of Public Utilities ***RESOLUTION - Authorizing and directing the preparation and submission of a financial assistance application to the State Water Resources Control Board for a water connection between the City of Fresno and the Three Palms Mobile Home Park (Council District 3) (Subject to Mayor’s Veto) ID 21-5311-H Sponsors:Department of Public Utilities Approve the award of a product requirements contract, with two optional one-year extensions, to Casey Printing of King City, California, for FAX schedule guide printing services for a total $60,999.61 for the first two years, not to exceed $121,999.22 over four years (Bid Eval 9572) ID 21-4041-I Sponsors:Department of Transportation Actions related to the award of a non-professional service agreement with Global Traffic Technologies, LLC, of Saint Paul, Minnesota, in the amount of $60,259.25 1. Affirm the City Manager’s determination that Global Traffic Technologies, LLC, is uniquely qualified to perform software and hardware maintenance services for the Department of Transportation Fresno Area Express Traffic Signal Priority system. 2. Affirm the City Manager’s determination that Global Traffic Technologies, LLC, is uniquely capable, as defined by the Federal Transit Administration for sole source non-competitive procurements, to perform software and hardware maintenance on the Department of Transportation Fresno Area Express Traffic Signal Priority system. 3. Award a non-professional service agreement with Global Traffic Technologies, LLC, of Saint Paul, Minnesota, in the amount of $60,259.25, for traffic signal priority software and hardware maintenance services for three-years and two 1-year options with a total contract value of $92,929.25. 4. Authorize the Director of Transportation or designee to execute all related documents. ID 21-4301-J Sponsors:Department of Transportation Approve the award of a purchase contract to Haaker Equipment Company Inc. of La Verne, California for the purchase of five Vactor sewer cleaning trucks in the amount of $2,557,407 ID 21-5221-K Sponsors:Department of Transportation Page 12 City of Fresno Printed on 4/28/2021 April 28, 2021City Council Meeting Agenda - Final-revised Approve the First Amendment to the Software as a Service Agreement with Tyler Technologies, Inc. for implementation and hosting of Financials, Human Capital Management and Utility Billing software in the amount of $0.00. ID 21-4891-L Sponsors:Information Services Department Actions pertaining to the 2021 Law Enforcement Specialized Unit Program: 1.Authorize acceptance of $203,143 in grant funding from the California Governor’s Office of Emergency Services’ Law Enforcement Specialized Unit Program to the Fresno Police Department 2.Approve a Memorandum of Understanding with the Marjaree Mason Center ID 21-5351-M Sponsors:Police Department Approve a three -year agreement, with an option to extend for one additional year, with the County of Fresno to reserve five bed spaces in the Fresno County Jail for the purpose of housing Fresno Police Department Arrestees, at a rate of $520.00 per day for a total of $189,800 through FY2023 ID 21-5381-N Sponsors:Police Department Page 13 City of Fresno Printed on 4/28/2021 April 28, 2021City Council Meeting Agenda - Final-revised ***RESOLUTION - 70th Amendment to the Annual Appropriation Resolution (AAR) No. 2020-159 to appropriate $27,500 for the Blackstone Avenue Smart Mobility Project (Council District 7) (Requires 5 affirmative votes) (Subject to Mayor’s veto) ID 21-4421-O Sponsors:Public Works Department Approve Consultant Services Contract with West Coast Arborists, Inc, in an amount not to exceed $120,000 to complete the remaining Tree Inventory Data Collection ID 21-5251-P Sponsors:Public Works Department Approve Amended Employment Agreement of City Clerk.ID 21-5941-Q Sponsors:Council President Chavez Ordinance - The Public Transparency Act (for introduction) - Amend FMC 2-316 to require all Council committees to be subject to the Brown Act. ID 21-5961-R Sponsors:Councilmember Bredefeld and Councilmember Karbassi Approve the Mayor’s Appointments to the Parks, Arts and Recreation Commission established by Measure P ID 21-5981-S Sponsors:Mayor's Office and City Manager's Office Ordinance (for introduction) - Amending FMC sections 4-203 and 4-204 concerning disposition of City real property. ID 21-5991-T Sponsors:Councilmember Maxwell and Vice President Esparza Award a service agreement to Genfare, a division of SPX Corporation, of Elk Grove Village, Illinois, to maintain the Department of Transportation Fresno Area Express’s fare collection system in a state of good repair, for one year with four optional one-year extensions, with the total contract value with extensions of $2,235,432, and authorize the Director of Transportation, or designee, to execute the contract documents (Bid File #9563) ID 21-6001-U Sponsors:Department of Transportation CONTESTED CONSENT CALENDAR 2. SCHEDULED COUNCIL HEARINGS AND MATTERS 10:00 A.M. Actions pertaining to amendments to the Master Fee Schedule Resolution No. 80-420 to Add, Adjust, or Delete Various Fees: 1.HEARING to Consider Adoption of the 560th Amendment to the Master Fee Schedule Resolution No. 80-420 to Add, Adjust, or Delete Various Development Fees Associated with the Current Planning, Building and ID 21-440 Page 14 City of Fresno Printed on 4/28/2021 April 28, 2021City Council Meeting Agenda - Final-revised Safety Services, and Parking Divisions of the Planning and Development Department (Citywide). 2.Adopt a finding of statutory exemption pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15273(a) for amendments to fees pertaining to: (1) Public Utilities - (a) Solid Waste, (b) Wastewater, and (c) Water Division; (2) PARCS; and (3) Planning - (a) CPI adjustment, (b) fee adjustments; and (c) new fees proposed. 3.***RESOLUTION -560th Amendment the Master Fee Schedule Resolution No. 80-420 Making Various Changes to the Regulatory, Development, and User Fees in the Current Planning, Building and Safety Services, and Divisions of the Planning and Development Department. (Subject to Mayor’s Veto) 4.***RESOLUTION - 561st Amendment to the Master Fee Schedule Resolution No. 80-420 to Add, Adjust, Revise or Delete Various Fees (Subject to Mayor’s veto) Sponsors:City Manager's Office 3. GENERAL ADMINISTRATION Workshop - Downtown Fresno Partnership Annual 2020 ReportID 21-4963-A Sponsors:City Manager's Office Page 15 City of Fresno Printed on 4/28/2021 April 28, 2021City Council Meeting Agenda - Final-revised Workshop - City of Fresno Homeless/Housing StrategyID 21-5863-B Sponsors:City Manager's Office 4. CITY COUNCIL 5. CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) Case Name: Bruce Batti v. City of Fresno, et al. Fresno County Superior Court Case No.: 18CECG04427 (PARCS) ID 21-5455-A Sponsors:City Attorney's Office CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) Case Name: Temujin Bustos v. City of Fresno, et al. United States District Court Case No.: 1:20-CV-00066 (Police Department) ID 21-5465-B Sponsors:City Attorney's Office CONFERENCE WITH LEGAL COUNSEL - DECIDING WHETHER TO INITIATE LITIGATION Government Code Section 54956.9, subdivision (d)(4) Case Name: Action for declaratory relief: City of Fresno v. Friant Water Authority ID 21-5515-C Sponsors:City Attorney's Office CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION or DECIDING WHETHER TO INITIATE LITIGATION; Government Code Section 54956.9, subdivision (d)(2); (d)(4); Shelly Carter v. City of Fresno (Code Enforcement) ID 21-5575-D Sponsors:City Attorney's Office CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION or DECIDING WHETHER TO INITIATE LITIGATION; Government Code Section 54956.9, subdivision (d)(2); (d)(4); City of Fresno v. Devil Delights, BlackHorse, Dummy Clouds, etc. (Code Enforcement) ID 21-5585-E Sponsors:City Attorney's Office CONFERENCE WITH LABOR NEGOTIATORS - Government Code Section 54957.6 ID 21-4955-F Page 16 City of Fresno Printed on 4/28/2021 April 28, 2021City Council Meeting Agenda - Final-revised City Negotiators: Jeffrey Cardell Employee Organizations: 1.International Union of Operating Engineers, Stationary Engineers, Local 39 (Local 39); 2. Fresno City Employees Association (FCEA); 3. Fresno Police Officers Association (FPOA Basic); 4. International Association of Firefighters, Local 753, Unit 5 (Fire Basic); 5. Amalgamated Transit Union, Local 1027 (ATU); 6. International Brotherhood of Electrical Workers, Local 100 (IBEW); 7. Fresno Police Officers Association (FPOA Management); 8. International Association of Firefighters, Local 753, Unit 10 (Fire Management); 9. City of Fresno Professional Employees Association (CFPEA); 10. City of Fresno Management Employees Association (CFMEA); 11. Operating Engineers, Local Union No. 3, Fresno Airport Public Safety Supervisors (FAPSS); 12. Operating Engineers, Local Union No. 3, Fresno Airport Public Safety Officers (FAPSO); 13. Sponsors:Personnel Services Department UNSCHEDULED COMMUNICATION PLEASE NOTE: UNSCHEDULED COMMUNICATION IS NOT SCHEDULED FOR A SPECIFIC TIME AND MAY BE HEARD ANY TIME DURING THE MEETING Email / eComment ReportID 21-602 Sponsors:City Clerk's Office ADJOURNMENT Page 17 City of Fresno Printed on 4/28/2021 April 28, 2021City Council Meeting Agenda - Final-revised UPCOMING SCHEDULED COUNCIL HEARINGS AND MATTERS May 13, 2021 10:00 A.M. - Resolution of Intent Campus Homesites PUE Vacation May 13, 2021 10:05 A.M. #1 - HEARING to adopt resolutions and ordinance to annex territory and levy a special tax regarding CITY OF FRESNO COMMUNITY FACILITIES DISTRICT NO. 11, Annexation No. 123 (Final Tract Map No, 6266) (territory surrounded by North Blythe, North Santa Fe, and West Sierra Avenues) (Council District 2) May 13, 2021 10:05 A.M. #2 - HEARING to adopt resolutions and ordinance to annex territory and levy a special tax regarding CITY OF FRESNO COMMUNITY FACILITIES DISTRICT NO. 9, Annexation No. 51 (Final Parcel Map No. 2020-09) (territory located west of North Chestnut Avenue between East Herndon and Fir Avenues) (Council District 6) May 13, 2021 10:10 A.M. – Hearing Housing Element Annual Progress Report May 27, 2021 10:00 A.M. - (CONTINUED FROM APRIL 8, 2021 AT 10:00 A.M. #2) CONTINUED HEARING to adopt resolutions and ordinance to annex territory and levy a special tax regarding CITY OF FRESNO COMMUNITY FACILITIES DISTRICT NO. 9, Annexation No. 46 (Parcel A of Final Parcel Map No. 2019-06) (northeast corner of North First and East Nees Avenues) (Council District 6) June 10, 2021 10:00 A.M. - HEARING for the Calaveras Avenue PUE vacation located on the Fresno City College campus June 17, 2021 10:00 A.M. - HEARING to consider the proposed Annual Assessment for the City of Fresno Landscape and Lighting Maintenance District No. 1 (Citywide) June 17, 2021 10:05 A.M. - HEARING to adopt resolutions and ordinance to annex territory and levy a special tax regarding CITY OF FRESNO COMMUNITY FACILITIES DISTRICT NO. 9, Annexation No. 50 (Assessor’s Parcel Number 504-092-50S, -51S, and -54S – El Paseo Phase III) (territory located on the southwest side of North Riverside Drive, south of West Herndon Avenue) (Council District 2) UPCOMING EMPLOYEE CEREMONIES May 19, 2021 (Wednesday - 2:00 P.M.) - Employee of the Spring Quarter July 21, 2021 (Wednesday - 2:00 P.M.) - Employee of the Summer Quarter October 20, 2021 (Wednesday - 2:00 P.M.) - Employee of the Fall Quarter November 17, 2021 (Wednesday - 2:00 P.M.) - Employee Service Awards 2021 CITY COUNCIL MEETING SCHEDULE May 6, 2021 - NO MEETING May 13, 2021 - 9:00 A.M. MEETING May 20, 2021 - NO MEETING Page 18 City of Fresno Printed on 4/28/2021 April 28, 2021City Council Meeting Agenda - Final-revised May 27, 2021 - 9:00 A.M. MEETING JUNE 3, 2021 - NO MEETING JUNE 10, 2021 - 9:00 A.M. MEETING JUNE 14, 2021 - 9:00 A.M. BUDGET MEETING JUNE 15, 2021 - 9:00 A.M. BUDGET MEETING JUNE 16, 2021 - 9:00 A.M. BUDGET MEETING JUNE 17, 2021 - 9:00 A.M. MEETING JUNE 22, 2021 - 9:00 A.M. BUDGET MOTIONS VOTE JUNE 24, 2021 - 9:00 A.M. MEETING / BUDGET ADOPT Page 19 City of Fresno Printed on 4/28/2021 City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 21-590,Version:1 Notice of Regular Meeting - SIGNED City of Fresno Printed on 4/21/2021Page 1 of 1 powered by Legistar™ City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 21-017,Version:1 REPORT TO THE CITY COUNCIL April 28, 2021 SUBJECT Approval of minutes for April 22, 2021 Regular Meeting, and April 22, 2021 Special Emergency Meeting. City of Fresno Printed on 4/22/2021Page 1 of 1 powered by Legistar™ City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 21-507,Version:1 REPORT TO THE CITY COUNCIL April 28, 2021 FROM:KEVIN R. MEIKLE, Director of Aviation Airports Department SUBJECT: Reject all bids for the Fresno Yosemite International Airport Residential Sound Insulation Program Phase 18, Bid Group 26 (Bid File 3744) (Council District 4) RECOMMENDATION Staff recommends Council reject all bids for the Fresno Yosemite International Airport (FAT) Residential Sound Insulation Program Phase 18, Bid Group 26 (Bid File 3744). EXECUTIVE SUMMARY The FAT Residential Sound Insulation Program is part of a Federal Aviation Administration (FAA) approved 14 CFR Part 150 Noise Compatibility Program that provides funding to reduce interior noise levels in homes located within a designated noise impacted area around FAT.This ongoing effort,locally known as the SMART Program,provides acoustic windows,doors and other noise reducing measures to eligible homes in the vicinity of FAT. On January 12,2021,bids were received for Phase 18,Bid Group 26 of the SMART Program.The lowest responsive and responsible bid of $1,619,000 exceeds the engineers estimate and the Project budget by 22.8%.The Airports Department (Airports)recommends that all bids be rejected.Airports intends to rebid the Project by modifying the plans and specifications to reduce the base number of homes and increase the alternate number of homes to be treated in this phase of the program.This will allow maximum participation with the funds available. BACKGROUND Plans and specifications were prepared by CSDA Design Group to provide acoustic treatment for 42 homes.A Notice Inviting Bids was advertised in the Business Journal on December 4,2020,and posted on the Department’s website and Planet Bids with 10 Builders’Exchanges and 21 prospective bidders receiving the Project plans and specifications.Two bids were received and opened by telephone and video conferencing on January 12,2021.The two bids were $1,619,000 and City of Fresno Printed on 4/21/2021Page 1 of 2 powered by Legistar™ File #:ID 21-507,Version:1 telephone and video conferencing on January 12,2021.The two bids were $1,619,000 and $1,989,000 with the low bid 22.8%above the engineer’s estimate of $1,317,889,exceeding the funds available in the Project budget. Feedback from interested contractors revealed that they are very busy,which limited the number of bids received.In addition to repackaging the plans and specifications,Airports will work with Purchasing Division to encourage increased participation by contractors experienced in residential sound insulation programs in an effort to create a more competitive bidding environment. Staff recommends that the bids received in response to Bid File 3744 be rejected enabling the Department to move forward with rebidding the Project. FISCAL IMPACT Funding for this Project is provided by FAA Airport Improvement Program grant funds and is included in the FY 2021 Adopted Budget.There is no impact to the General Fund or City of Fresno ratepayers from this action. Attachments: -Evaluation of Bid Proposals -Bid Tabulation -S&L Specialty Construction Proposal -HHJ Construction Proposal City of Fresno Printed on 4/21/2021Page 2 of 2 powered by Legistar™ FRESNO YOSEMITE INTERNATIONAL AIRPORT SOUND MITIGATION ACOUSTICAL REMEDY TREATMENT (SMART) PROGRAM BID FILE# 3744 Buyer: Sandra GamezBid Opening 01/12/21, 3:00p.m. Item No. QTY UOM Description of Work Unit Price TOTAL Unit Price TOTAL 1 1 LS House No. 256 - 4454 E. Indianapolis Avenue $31,000.00 $31,000.00 $36,089.00 $36,089.00 2 1 LS House No. 67096 - 4830 E. Amherst Avenue $31,000.00 $31,000.00 $40,316.00 $40,316.00 3 1 LS House No. 68003 - 4838 E. Cornell Avenue $31,000.00 $31,000.00 $38,054.00 $38,054.00 4 1 LS House No. 68202 - 4755 E. Andrews Avenue $68,000.00 $68,000.00 $64,563.00 $64,563.00 5 1 LS House No. 68335 - 4877 E. Michigan Avenue $35,000.00 $35,000.00 $54,283.00 $54,283.00 6 1 LS House No. 68342 - 4777 E. Shields Avenue $72,000.00 $72,000.00 $63,673.00 $63,673.00 7 1 LS House No. 68397 - 4832 E. Cornell Avenue $36,000.00 $36,000.00 $36,224.00 $36,224.00 8 1 LS House No. 68411 - 4665 E. Cortland Avenue $28,000.00 $28,000.00 $41,419.00 $41,419.00 9 1 LS House No. 68414 - 4852 E. Michigan Avenue $34,000.00 $34,000.00 $51,190.00 $51,190.00 10 1 LS House No. 68470 - 4822 E. Michigan Avenue $58,000.00 $58,000.00 $52,431.00 $52,431.00111LSHouse No. 68476 - 4573 E. Garland Avenue $43,000.00 $43,000.00 $47,606.00 $47,606.00121LSHouse No. 68508 - 2637 N. Winery Avenue $36,000.00 $36,000.00 $44,224.00 $44,224.00131LSHouse No. 68591 - 2915 N. Chestnut Avenue $40,000.00 $40,000.00 $50,892.00 $50,892.00141LSHouse No. 68595 - 4718 E. Austin Avenue $29,000.00 $29,000.00 $33,336.00 $33,336.00 15 1 LS House No. 68750 - 2935 N. Chestnut Avenue $40,000.00 $40,000.00 $46,249.00 $46,249.00 16 1 LS House No. 68814 - 4347 N. Archie Avenue $31,000.00 $31,000.00 $36,948.00 $36,948.00 17 1 LS House No. 68824 - 4860 E. Brown Avenue $30,000.00 $30,000.00 $40,884.00 $40,884.00 18 1 LS House No. 68826 - 4844 E. Brown Avenue $34,000.00 $34,000.00 $44,583.00 $44,583.00 19 1 LS House No. 68828 - 4852 E. Brown Avenue $43,000.00 $43,000.00 $53,324.00 $53,324.00 20 1 LS House No. 68830 - 4855 E. Harvard Avenue $62,000.00 $62,000.00 $78,196.00 $78,196.00 21 1 LS House No. 68831 - 4875 E. Harvard Avenue $32,000.00 $32,000.00 $40,683.00 $40,683.00221LSHouse No. 68833 - 4865 E. Harvard Avenue $41,000.00 $41,000.00 $53,553.00 $53,553.00231LSHouse No. 68834 - 4893 E. Harvard Avenue $31,000.00 $31,000.00 $34,538.00 $34,538.00241LSHouse No. 68835 - 4804 E. Michigan Avenue $45,000.00 $45,000.00 $63,175.00 $63,175.00 25 1 LS House No. 68837 - 4834 E. Michigan Avenue $56,000.00 $56,000.00 $62,131.00 $62,131.00261LSHouse No. 68838 - 4823 E. Michigan Avenue $30,000.00 $30,000.00 $36,551.00 $36,551.00 27 1 LS House No. 68840 - 4828 E. Princeton Avenue $43,000.00 $43,000.00 $52,716.00 $52,716.00 28 1 LS House No. 68842 - 4854 E. Princeton Avenue $42,000.00 $42,000.00 $51,923.00 $51,923.00 29 1 LS House No. 68844 - 2855 N. Chestnut Avenue $36,000.00 $36,000.00 $48,503.00 $48,503.00301LSHouse No. 68846 - 2845 N. Chestnut Avenue $31,000.00 $31,000.00 $37,783.00 $37,783.00 31 1 LS House No. 68854 - 4765 E. Cornell Avenue $37,000.00 $37,000.00 $49,677.00 $49,677.00 32 1 LS House No. 68856 - 4783 E. Cornell Avenue $28,000.00 $28,000.00 $34,967.00 $34,967.00 33 1 LS Acoustic Treatment of 4756 E. Simpson Avenue (House No. 68859)$25,000.00 $25,000.00 $37,224.00 $37,224.00 34 1 LS Acoustic Treatment of 4786 E. Simpson Avenue (House No. 68860)$34,000.00 $34,000.00 $51,229.00 $51,229.00 35 1 LS Acoustic Treatment of 4750 E. Simpson Avenue (House No. 68870)$31,000.00 $31,000.00 $40,975.00 $40,975.00 36 1 LS Acoustic Treatment of 4764 E. Simpson Avenue (House No. 68873)$25,000.00 $25,000.00 $41,489.00 $41,489.00 37 1 LS Acoustic Treatment of 3526 N. Backer Avenue (House No. 68875)$25,000.00 $25,000.00 $37,224.00 $37,224.00 38 1 LS Acoustic Treatment of 4541 E. Dakota Avenue (House No. 68876)$85,000.00 $85,000.00 $75,490.00 $75,490.00 HHJ CONSTRUCTION INC. S&L SPECIALTY CONSTRUCTION ADD ALTS: BASE BID: $1,264,000.00 $1,520,684.00SUBTOTAL: Item No. QTY UOM Description of Work Unit Price TOTAL Unit Price TOTAL HHJ CONSTRUCTION INC. S&L SPECIALTY CONSTRUCTION 39 1 LS Acoustic Treatment of 3924 E. Ashlan Avenue (House No. 68878)$30,000.00 $30,000.00 $49,289.00 $49,289.00 40 1 LS Acoustic Treatment of 4051 E. Buckingham Way (House No. 68882)$29,000.00 $29,000.00 $39,103.00 $39,103.00 41 1 LS Acoustic Treatment of 4153 E. Bellaire Way (House No. 68887)$27,000.00 $27,000.00 $39,842.00 $39,842.00 42 1 LS Acoustic Treatment of 4331 E. Swift Avenue (House No. 68888)$32,000.00 $32,000.00 $44,451.00 $44,451.00 43 1 LS Bid Allowance for PG&E Engineering Services $12,000.00 $12,000.00 $12,000.00 $12,000.00 TOTAL NET BID AMOUNT $355,000.00 $468,316.00 Apparent Low Bidder $1,619,000.00 $1,989,000.00 SUBTOTAL: City of Fresno Fresno Yosemite International Airport Sound Mitigation Acoustical Remedy Treatment (SMART) Program (3744), bidding on 01/12/2021 3:00 PM (PST) Page 1 of 5 Printed 01/25/2021 PlanetBids, Inc. City of Fresno Fresno Yosemite International Airport Sound Mitigation Acoustical Remedy Treatment (SMART) Program (3744), bidding on 01/12/2021 3:00 PM (PST) Page 2 of 5 Printed 01/25/2021 PlanetBids, Inc. City of Fresno Fresno Yosemite International Airport Sound Mitigation Acoustical Remedy Treatment (SMART) Program (3744), bidding on 01/12/2021 3:00 PM (PST) Page 3 of 5 Printed 01/25/2021 PlanetBids, Inc. City of Fresno Fresno Yosemite International Airport Sound Mitigation Acoustical Remedy Treatment (SMART) Program (3744), bidding on 01/12/2021 3:00 PM (PST) Page 4 of 5 Printed 01/25/2021 PlanetBids, Inc. City of Fresno Fresno Yosemite International Airport Sound Mitigation Acoustical Remedy Treatment (SMART) Program (3744), bidding on 01/12/2021 3:00 PM (PST) Page 5 of 5 Printed 01/25/2021 PlanetBids, Inc. BIDDER’S NAME: (Submit with Proposal) 05) Div. I Bid - City of Fresno, Airports Department Sound Mitigation Acoustical Remedy Treatment Program (18-26)rev 03-15 BID PROPOSAL FRESNO YOSEMITE INTERNATIONAL AIRPORT SOUND MITIGATION ACOUSTICAL REMEDY TREATMENT (SMART) PROGRAM PHASE 18, BID GROUP #26 (42 HOMES) AIRPORT IMPROVEMENT PROGRAM GRANT NO. 3 -06-0087-82 FFY2020 BID FILE NUMBER: 3744 TO: THE PURCHASING MANAGER OF THE CITY OF FRESNO: The undersigned Bidder, having carefully examined the location of the hereinafter described work, plans and/or specifications therefore, hereby proposes to furnish, all, in strict accordance with said plans and/or specifications, the materials, labor, and equipment necessary to com plete the project for the prices set forth in the following bid schedule: BASE BID Acoustic Treatment of 32 Homes ITEM NO. HOUSE NO. ADDRESS LUMP SUM AMOUNT 1 256 4454 E. Indianapolis Avenue Lump Sum $ 2 67096 4830 E. Amherst Avenue Lump Sum $ 3 68003 4838 E. Cornell Avenue Lump Sum $ 4 68202 4755 E. Andrews Avenue Lump Sum $ 5 68335 4877 E. Michigan Avenue Lump Sum $ 6 68342 4777 E. Shields Avenue Lump Sum $ 7 68397 4832 E. Cornell Avenue Lump Sum $ 8 68411 4665 E. Cortland Avenue Lump Sum $ 9 68414 4852 E. Michigan Avenue Lump Sum $ 10 68470 4822 E. Michigan Avenue Lump Sum $ 11 68476 4573 E. Garland Avenue Lump Sum $ 12 68508 2637 N. Winery Avenue Lump Sum $ 13 68591 2915 N. Chestnut Avenue Lump Sum $ 14 68595 4718 E. Austin Avenue Lump Sum $ 15 68750 2935 N. Chestnut Avenue Lump Sum $ 16 68814 4347 N. Archie Avenue Lump Sum $ 17 68824 4860 E. Brown Avenue Lump Sum $ 18 68826 4844 E. Brown Avenue Lump Sum $ 19 68828 4852 E. Brown Avenue Lump Sum $ 20 68830 4855 E. Harvard Avenue Lump Sum $ 21 68831 4875 E. Harvard Avenue Lump Sum $ 22 68833 4865 E. Harvard Avenue Lump Sum $ Continued 1.2a HHJ Construction Inc 36,089.00 40,316.00 38,054.00 64,563.00 54,283.00 63,673.00 36,224.00 41,419.00 51,190.00 52,431.00 47,606.00 44,224.00 50,892.00 33,336.00 46,249.00 36,948.00 40,884.00 44,583.00 53,324.00 78,196.00 40,683.00 53,553.00 BIDDER’S NAME: (Submit with Proposal) 05) Div. I Bid - City of Fresno, Airports Department Sound Mitigation Acoustical Remedy Treatment Program (18-26)rev 03-15 ITEM NO. HOUSE NO. ADDRESS LUMP SUM AMOUNT 23 68834 4893 E. Harvard Avenue Lump Sum $ 24 68835 4804 E. Michigan Avenue Lump Sum $ 25 68837 4834 E. Michigan Avenue Lump Sum $ 26 68838 4823 E. Michigan Avenue Lump Sum $ 27 68840 4828 E. Princeton Avenue Lump Sum $ 28 68842 4854 E. Princeton Avenue Lump Sum $ 29 68844 2855 N. Chestnut Avenue Lump Sum $ 30 68846 2845 N. Chestnut Avenue Lump Sum $ 31 68854 4765 E. Cornell Avenue Lump Sum $ 32 68856 4783 E. Cornell Avenue Lump Sum $ THE TOTAL BASE BID AMOUNT FOR 32 HOMES IS: LUMP SUM $ ADDITIVE ALTERNATES NO. 1 THROUGH NO. 10 ADDITIVE ALTERNATE NO. 1 Acoustic Treatment of 4756 E. Simpson Avenue (House No. 68859) ADDITIVE ALTERNATE NO. 1 BID AMOUNT Lump Sum $ ADDITIVE ALTERNATE NO. 2 Acoustic Treatment of 4786 E. Simpson Avenue (House No. 68860) ADDITIVE ALTERNATE NO. 2 BID AMOUNT Lump Sum $ ADDITIVE ALTERNATE NO. 3 Acoustic Treatment of 4750 E. Simpson Avenue (House No. 68870) ADDITIVE ALTERNATE NO. 3 BID AMOUNT Lump Sum $ ADDITIVE ALTERNATE NO. 4 Acoustic Treatment of 4764 E. Simpson Avenue (House No. 68873) ADDITIVE ALTERNATE NO. 4 BID AMOUNT Lump Sum $ ADDITIVE ALTERNATE NO. 5 Acoustic Treatment of N. Backer Avenue (House No. 68875) ADDITIVE ALTERNATE NO. 5 BID AMOUNT Lump Sum $ Continued 1.2b HHJ Construction Inc 34,538.00 63,175.00 62,131.00 36,551.00 52,716.00 51,923.00 48,503.00 37,783.00 49,677.00 34,967.00 1,520,684.00 37,224.00 51,229.00 40,975.00 41,489.00 37,224.00 BIDDER’S NAME: (Submit with Proposal) 05) Div. I Bid - City of Fresno, Airports Department Sound Mitigation Acoustical Remedy Treatment Program (18-26)rev 03-15 BID ALLOWANCE FOR PG&E ENGINEERING SERVICES $12,000 THE TOTAL BID ALLOWANCE FOR PG&E ENGINEERING SERVICES IS: $12,000 TOTAL BASE BID PLUS ADDITIVE ALTERNATES PLUS PG&E ENGINEERING SERVICES $ The Total of the Base Bid plus Additive Alternates No. 1 through No. 10 plus the Bid Allowance for PG&E Engineering Services Bid Amount is: ________________________________________________________ Dollars and ____________Cents The bid prices set forth herein shall include any and all applicable taxes. Continued ADDITIVE ALTERNATE NO. 6 Acoustic Treatment of 4541 E. Dakota Avenue (House No. 68876) ADDITIVE ALTERNATE NO. 6 BID AMOUNT Lump Sum $ ADDITIVE ALTERNATE NO. 7 Acoustic Treatment of 3924 E. Ashlan Avenue (House No. 68878) ADDITIVE ALTERNATE NO. 7 BID AMOUNT Lump Sum $ ADDITIVE ALTERNATE NO. 8 Acoustic Treatment of 4051 E. Buckingham Way (House No. 68882) ADDITIVE ALTERNATE NO. 8 BID AMOUNT Lump Sum $ ADDITIVE ALTERNATE NO. 9 Acoustic Treatment of 4153 E. Bellaire Way (House No. 68887) ADDITIVE ALTERNATE NO. 9 BID AMOUNT Lump Sum $ ADDITIVE ALTERNATE NO. 10 Acoustic Treatment of 4331 E. Swift Avenue (House No. 68888) ADDITIVE ALTERNATE NO. 10 BID AMOUNT Lump Sum $ THE TOTAL ADDITIVE ALTERNATES NO. 1 THROUGH NO. 10 BID AMOUNT IS: $ 1.2c HHJ Construction Inc 75,490.00 49,289.00 39,103.00 39,842.00 44,451.00 468,316.00 1,989,000.00 one million nine hundred eighty-nine thousand zero City of Fresno Fresno Yosemite International Airport Sound Mitigation Acoustical Remedy Treatment (SMART) Program (3744), bidding on 01/12/2021 3:00 PM (PST) Page 1 of 5 Printed 01/12/2021 PlanetBids, Inc. City of Fresno Fresno Yosemite International Airport Sound Mitigation Acoustical Remedy Treatment (SMART) Program (3744), bidding on 01/12/2021 3:00 PM (PST) Page 2 of 5 Printed 01/12/2021 PlanetBids, Inc. City of Fresno Fresno Yosemite International Airport Sound Mitigation Acoustical Remedy Treatment (SMART) Program (3744), bidding on 01/12/2021 3:00 PM (PST) Page 3 of 5 Printed 01/12/2021 PlanetBids, Inc. City of Fresno Fresno Yosemite International Airport Sound Mitigation Acoustical Remedy Treatment (SMART) Program (3744), bidding on 01/12/2021 3:00 PM (PST) Page 4 of 5 Printed 01/12/2021 PlanetBids, Inc. City of Fresno Fresno Yosemite International Airport Sound Mitigation Acoustical Remedy Treatment (SMART) Program (3744), bidding on 01/12/2021 3:00 PM (PST) Page 5 of 5 Printed 01/12/2021 PlanetBids, Inc. , Granada Hills CA 91334 City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 21-460,Version:1 REPORT TO THE CITY COUNCIL April 28, 2021 FROM:MICHAEL CARBAJAL, Director Department of Public Utilities THROUGH:BROCK D. BUCHE, PE, PLS, Assistant Director - UP&E Department of Public Utilities - Utilities Planning & Engineering BY:ERIN AUGUSTO, Engineer I Department of Public Utilities - Utilities Planning & Engineering SUBJECT Actions pertaining to groundwater recharge and reimbursement for cooperative agency groundwater recharge infrastructure (Council District 1, Fresno County, Citywide): 1.Adopt a finding that approval of the Reimbursement Agreement for Cooperative Agency Groundwater Recharge Infrastructure Construction Project (Intertie Facilities to Storm Drain Basin AI)is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301/Class 1 of the CEQA Guidelines; 2.Adopt a finding that approval of the Fourth Amendment to the Agreement for Use of Basins for Groundwater Recharge is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301/Class 1 of the CEQA Guidelines; 3.Approve the Reimbursement Agreement for Cooperative Agency Groundwater Recharge Infrastructure Construction Project (Intertie Facilities to Storm Drain Basin AI)between the City of Fresno and Fresno Metropolitan Flood Control District to authorize a cost-share reimbursement to the Fresno Metropolitan Flood Control District for the construction of groundwater recharge intertie facilities to storm drain Basin AI in the amount of $80,770.95; 4.Approve the Fourth Amendment to the Agreement for Use of Basins for Groundwater Recharge between the City of Fresno and Fresno Metropolitan Flood Control District to add storm drain Basins AI and EO to the list of storm drain basins authorized for groundwater recharge RECOMMENDATIONS Staff recommends City Council: 1.Adopt a finding that approval of the Reimbursement Agreement for Cooperative Agency Groundwater Recharge Infrastructure Construction Project (Intertie Facilities to Storm Drain City of Fresno Printed on 4/21/2021Page 1 of 4 powered by Legistar™ File #:ID 21-460,Version:1 Groundwater Recharge Infrastructure Construction Project (Intertie Facilities to Storm Drain Basin AI)is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301/Class 1 of the CEQA Guidelines; 2.Adopt a finding that approval of the Fourth Amendment to the Agreement for Use of Basins for Groundwater Recharge is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301/Class 1 of the CEQA Guidelines; 3.Approve the Reimbursement Agreement for Cooperative Agency Groundwater Recharge Infrastructure Construction Project (Intertie Facilities to Storm Drain Basin AI)between the City of Fresno and Fresno Metropolitan Flood Control District to authorize a cost-share reimbursement to the Fresno Metropolitan Flood Control District for the construction of groundwater recharge intertie facilities to storm drain Basin AI in the amount of $80,770.95; 4.Approve the Fourth Amendment to the Agreement for Use of Basins for Groundwater Recharge between the City of Fresno and Fresno Metropolitan Flood Control District to add storm drain Basins AI and EO to the list of storm drain basins authorized for groundwater recharge; and 5.Authorize the Director of Public Utilities,or designee,to execute all necessary documents on behalf of the City. EXECUTIVE SUMMARY On March 24,2010,the City and District entered into a “Reimbursement Agreement for Cooperative Agency Groundwater Recharge Infrastructure Construction Projects”(Reimbursement Agreement). This Reimbursement Agreement provided the City and District the ability to cooperatively plan, identify,and construct surface water intertie projects to expand groundwater recharge activities at the District’s storm drain basins throughout the City.In 2019,the City authorized District to proceed with the construction of groundwater recharge infrastructure intertie facilities to storm drain Basin AI (Basin AI Intertie Project),under the mutual understanding that the Reimbursement Agreement was still effective and applied to the Basin AI Intertie Project.The City and District subsequently determined that the Reimbursement Agreement had expired.The Basin AI Intertie Project is complete and staff seeks City Council approval to enter into the AI Reimbursement Agreement to reimburse District for the City’s proportional share in the amount of $80,770.95 for contract administration, design, inspection, and construction of the Basin AI Intertie Project. The City also seeks City Council approval of the Fourth Amendment to Agreement for Use of Basins for Groundwater Recharge (Fourth Amendment to Recharge Agreement),whereby District’s Basins AI and EO will be added to the list of District storm drain basins authorized to provide groundwater recharge to aid in restoring groundwater resources. BACKGROUND On December 23,1991,the City and District entered into the Agreement for the Use of Basins for Groundwater Recharge (Recharge Agreement).The Recharge Agreement identifies a list of storm drain basins that will be authorized by the District for utilization of City contract surface water allocations to supplement recovery of declining groundwater levels through groundwater recharge efforts during non-storm (summer)months.The Recharge Agreement is amended from time to time when existing or new master plan storm drain basins are identified for inclusion in the District’s listing of authorized basins.The first three Amendments to this Agreement were executed on April 8,2004, July 13,2005,and April 18,2007.Future District master plans include future construction of a gravity -driven intertie connection from Basin AI to Basin EO,near Gettysburg Avenue and Hayes Avenue,City of Fresno Printed on 4/21/2021Page 2 of 4 powered by Legistar™ File #:ID 21-460,Version:1 -driven intertie connection from Basin AI to Basin EO,near Gettysburg Avenue and Hayes Avenue, which would provide additional groundwater recharge.The Fourth Amendment to the Recharge Agreement will authorize inclusion of District storm drain Basins AI and EO for groundwater recharge. On March 24,2010,the City and District entered into the Reimbursement Agreement which allowed City and District to cooperatively plan,identify,and construct surface water intertie projects to expand groundwater recharge activities at District’s storm drain basins throughout the City.In 2019,City authorized District to proceed with the Basin AI Intertie Project under the mutual understanding that the Reimbursement Agreement was still effective and applied to the Basin AI Intertie Project.The City and District subsequently determined that the Reimbursement Agreement had expired. The Basin AI Intertie Project is complete and City wishes to enter into the AI Reimbursement Agreement to reimburse District for the City’s Total Cost in the amount of $80,770.95.This amount is the City’s proportional share of contract administration,design,inspection,and construction of the Basin AI Intertie Project. On June 23,2016,the City adopted the 2015 Urban Water Management Plan (UWMP).The UWMP dictates an increase in recharge water operations from a volume of 53,600 acre feet in 2010 to 66,500 acre feet by 2040 in order to balance groundwater pumping from the aquifer. On September 16,2014,the California Legislature created the Sustainable Groundwater Management Act (SGMA)to address the statewide problem of groundwater overdraft.Within the immediate region,SGMA requires water agencies in the Kings Subbasin (aquifer where Fresno is located) collaboratively implement measures to eliminate “undesirable results” to the aquifer. Furthermore,SGMA requires governments and water agencies in the Kings Subbasin to halt overdraft and bring the groundwater basin into balanced levels of pumping and recharge by 2040. With Council approval,the Fourth Amendment to the Recharge Agreement and AI Reimbursement Agreement will allow the City to continue the expansion of groundwater recharge projects to meet UWMP goals and SGMA requirements. The City Attorney’s Office has reviewed and approved as to form both the Fourth Amendment to the Recharge Agreement and the AI Reimbursement Agreement. ENVIRONMENTAL FINDINGS Fourth Amendment to Agreement for Use of Basins for Groundwater Recharge Staff has conducted a preliminary review of this approval and has determined that it is exempt from CEQA pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15301/Class 1. Section 15301/Class 1 exemption from CEQA requirements applies to the operation,repair, maintenance,permitting,leasing,licensing,or minor alteration of existing public structures and facilities involving no expansion of existing or former use.The Recharge Agreement identifies a list of storm drain basins the City is authorized to use to supplement recovery of declining groundwater levels through groundwater recharge efforts during non-storm months.The City does so using contract surface water allocations.The Recharge Agreement is amended from time to time when existing or new master plan storm drain basins are identified for inclusion in the District’s listing of City of Fresno Printed on 4/21/2021Page 3 of 4 powered by Legistar™ File #:ID 21-460,Version:1 authorized basins. The Fourth Amendment authorizes the use of Basins AI and EO for groundwater recharge.These basins are identified in the District’s current master plan for recharge use and the District has completed construction of its Master Plan gravity-driven intertie connection of Basin AI with Basin EO which will provide additional groundwater recharge.Adding these basins to the list of the basins the City is authorized to use for recharge will not expand use beyond what has already been contemplated in the District’s Master Plan. Reimbursement Agreement for Cooperative Agency Groundwater Recharge Infrastructure Construction Project (Intertie Facilities to Storm Drain Basin AI) Staff has conducted a preliminary review of this approval and has determined that it is exempt from CEQA pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15301/Class 1. Section 15301/Class 1 exemption from CEQA requirements applies to the operation,repair, maintenance,permitting,leasing,licensing,or minor alteration of existing public structures and facilities involving no expansion of existing or former use.The City is reimbursing the FMFCD for the construction of an intertie to Basin AI.The intertie will allow the City to utilize its surface water allocations at Basin AI for groundwater recharge.Further,given that the District has completed construction of its Master Plan gravity-driven intertie connection of Basin AI with Basin EO,the intertie facility will allow both basins to be used for groundwater recharge.Use of these basins for recharge is contemplated in the District’s current Master Plan and construction of the intertie facility does not expand use of the basins beyond that contemplated use. 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 There is no impact to the General Fund.This Project is located Citywide.Funds are available in the Water Division’s FY 2021 Capital Improvement Program budget within the Water Enterprise Fund (40101). Attachments: Attachment 1 - Reimbursement Agreement for Cooperative Agency Groundwater Recharge Infrastructure Intertie Facilities to Storm Drain Basin AI Attachment 2 - Fourth Amendment to Agreement for Use of Basins for Groundwater Recharge Attachment 3 - Vicinity Map City of Fresno Printed on 4/21/2021Page 4 of 4 powered by Legistar™ AW2 BU CY DD2 EE U AX AZ BE CC CS FF FF GG HH JJ NN OO SS W Z Y CO2 K AE CZ CL AI AK EO CXCW BM DH1 AJ BZ EG BV RR1 BQ O RR2 AB L LL D AO CN J N ZZ AD BW CM II2 II2 P UU2 RR3 BDB A EF R T AL DE DCE MMAG EM EL AFAH2 KK TT1 UU3 XX AC BF BK II1 DV S BH BO ALLUVIAL ASHLAN BARSTOW BEHYMER BULLARD CLINTON COPPER DAKOTA GETTYSBURG HER NDON INTERNATIONAL McK INLEY NEES PERRIN SHAW SHEPHERD SHIELDS SIERRA TEAGUE AMERICAN ANNADALE ARMSTRONGBELMONT BLYTHEBRAWLEYBRYANCALIFORNIA CEDARCEN TRAL CHERRYCHESTNUTCHURCH CLOVISCORNELIADEWOLFEASTELMFOWLERFRUITGARFIELDGRANTLANDHAYESHIGHLANDHUGHESJENSEN LEONARDLOCANMADISON MALAGA MAPLEMARKSMARTIN LUTHER KINGMC CALLMINNEWAWAMUSCAT NEILSON NORTH OLIVE ORANGEPEACHPOLKSUNNYSIDETEMPERANCETHOMPSONVALENTINEWALNUTWESTWHITES BRIDGE WILLOWLegend DISTRICT STORM DRAIN USED TO CONVEY RECHARGE WATERTO RECHARGE FACILITIES RECHARGE BASINS ¯ FRESNO METROPOLITAN FLOOD CONTROL DISTRICTRECHARGE BASINS BASIN AI AND BASIN EO STREET MAP VICINITY MAP NO SCALE City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 21-469,Version:1 REPORT TO THE CITY COUNCIL April 28, 2021 FROM:MICHAEL CARBAJAL, Director Department of Public Utilities THROUGH:ROSA LAU-STAGGS, Wastewater Manager Department of Public Utilities - Wastewater Management Division BY:SETRAG CHERCHIAN, Wastewater Reclamation Coordinator Department of Public Utilities - Wastewater Management Division SUBJECT BILL (For Introduction) - Amending Chapter 6, Article 9 of the Fresno Municipal Code, the Recycled Water Ordinance (All Council Districts) RECOMMENDATIONS 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 City of Fresno Printed on 4/21/2021Page 1 of 4 powered by Legistar™ File #:ID 21-469,Version:1 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 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. City of Fresno Printed on 4/21/2021Page 2 of 4 powered by Legistar™ File #:ID 21-469,Version:1 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. 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 PlanCity of Fresno Printed on 4/21/2021Page 3 of 4 powered by Legistar™ File #:ID 21-469,Version:1 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. 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. Attachment: Attachment 1 -BILL (For introduction)Amendment to the Fresno Municipal Code,Chapter 6,Article 9 Recycled Water Ordinance. City of Fresno Printed on 4/21/2021Page 4 of 4 powered by Legistar™ City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 21-506,Version:1 REPORT TO THE CITY COUNCIL April 28, 2021 FROM:MICHAEL CARBAJAL, Director Department of Public Utilities THROUGH:BROCK D. BUCHE, PE, PLS, Assistant Director - UP&E Department of Public Utilities - Utilities Planning & Engineering BY:ERIN AUGUSTO, Engineer I Department of Public Utilities - Utilities Planning & Engineering SUBJECT Actions pertaining to the Leaky Acres Groundwater Facility: 1.Adopt a finding of Categorical Exemption,pursuant to Section 15306 and Statutory Exemption pursuant to Section 15262 of the California Environmental Quality Act (CEQA) Guidelines 2.Approve a Consultant Services Agreement with GeoSystems Analysis,Inc.,for preparation of the Leaky Acres Groundwater Recharge Facility Master Plan,for an amount not to exceed $150,504, including a $13,700 contingency (Council District 4) RECOMMENDATIONS Staff recommends City Council approve a Consultant Services Agreement with GeoSystems Analysis,Inc.,for preparation of the Leaky Acres Groundwater Recharge Facility Master Plan,for an amount not to exceed $150,504,including a $13,700 contingency;and authorize the Director of Public Utilities, or designee, to sign the agreement on behalf of the City of Fresno. EXECUTIVE SUMMARY The Department of Public Utilities’Water Division maintains and operates the Leaky Acres Recharge Facility (Facility)which is generally located east of Freeway 168,between Ashlan and Dakota Avenues.This facility was largely constructed in the earlier 1970’s and is in need of various repairs and upgrades.Recharge facilities such as this one are needed to attain the balanced use of groundwater,which is highlighted more today than ever before with the enactment of the Sustainable Groundwater Management Act.To ensure adequacy of the needed improvements the Department seeks to hire a consultant to evaluate the facility and prepare the Leaky Acres Recharge Facility Master Plan (Master Plan)that will outline and program repairs and upgrades over multiple fiscal years.The Department seeks City Council approval to enter into an agreement for consultant City of Fresno Printed on 4/21/2021Page 1 of 3 powered by Legistar™ File #:ID 21-506,Version:1 years.The Department seeks City Council approval to enter into an agreement for consultant services for development of the Master Plan that will enable optimization of facility operations and provide a guide for the City’s groundwater recharge program. BACKGROUND Historically,the Fresno area has been dependent on pumping groundwater for the majority of its water supply.This past dependence on groundwater lead to a consistent decline in the water table and overdraft of the Kings Subbasin aquifer under the City. To help replenish the aquifer,the City built the Facility in the 1970s.The Facility currently spans approximately 200 acres and infiltrates approximately 10,000 acre feet of City contract surface water allocations annually, to supplement recovery of groundwater levels. On June 23,2016,the City adopted the 2015 Urban Water Management Plan (UWMP).The UWMP stipulates an increase in City recharge water operations from a volume of 53,600 acre feet in 2010 to 66,500 acre feet by 2040 to ensure balanced groundwater pumping from the aquifer. On September 16,2014,the California Legislature enacted the Sustainable Groundwater Management Act (SGMA)to address the statewide problem of groundwater overdraft.Within the immediate region,SGMA requires governments and water agencies in the Kings Subbasin to halt overdraft and bring the groundwater basin into balanced levels of pumping and recharge by 2040. Due to the age of the Facility and need for improvements it is prudent to review existing operations to find ways to improve and automate these operations where cost-effective.The Master Plan will conduct such an evaluation,recommend improvements,provide an implementation plan with annual budgets, and lastly develop standard drawings for typical replacement structures. The Consultant scope of services will include identification of potential methodologies and technologies to enhance and optimize recharge infiltration rates,hydraulic evaluations associated with the capture and transfer of water throughout the Facility,design changes to maximize operational and maintenance efficiencies,evaluation for the utilization of telemetry and instrumentation related to source water flow management and measurement,and develop a prioritized 5-year list of potential capital improvement projects to support the City in meeting its long- term groundwater recharge program goals. In accordance with Fresno Municipal Code Chapter 4,Article 1,and Administrative Order 6-19 (AO 6- 18),the Department of Public Utilities conducted a competitive solicitation process to select a consultant for development of the Master Plan. A Request for Proposals was published in the Business Journal and posted on Planet Bids on January 18,2021.The City received one proposal package from GeoSystems Analysis,Inc.,(GSA) on February 17,2021.On February 26,2021,a selection committee reviewed and evaluated the proposal.As allowed for in AO 6-19,the Request for Proposals was structured for the consultant to provide detailed information regarding experience of the firm and team members.Upon review of the proposal,it was determined that GSA met all requirements and was selected to prepare the Master Plan. The submitted baseline proposal of $136,804 by GSA was approximately 6%below the engineer’sCity of Fresno Printed on 4/21/2021Page 2 of 3 powered by Legistar™ File #:ID 21-506,Version:1 The submitted baseline proposal of $136,804 by GSA was approximately 6%below the engineer’s estimate of $145,000. A standardized consultant service agreement has been used in accordance with Administrative Order 4-4,and the consultant’s Certificates of Insurance have been approved by the City’s Risk Management Division. Upon approval by the City Council,the Agreement will be executed by the Director of Public Utilities, or designee. ENVIRONMENTAL FINDINGS Staff has determined that a Statutory Exemption is appropriate pursuant to Section 15262 of the CEQA Guidelines because the Project consists of a feasibility study for possible future actions which have not been approved,and a Categorical Exemption is appropriate pursuant to Class 6,Section 15306 of the CEQA Guidelines because the Project involves data collection and resource evaluation activities which do not result in a serious or major disturbance to an environmental resource.This Project involves an investigation of the City’s existing recharge facility and evaluation of data resulting in completion of a facility master plan for future improvements.No construction is involved in this study.Furthermore,staff has determined that none of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, Section 15300.2 apply to this Project. LOCAL PREFERENCE Local Preference was not applied since there was only a single proposer,however,the Consultant meets this criteria by subcontracting 15%or more of estimated costs of the work to a local consulting firm. FISCAL IMPACT There is no impact to the General Fund.The project is located in Council District 4.Funds are available in the Water Division’s Capital Improvement Program budget within the Water Enterprise Fund (40101). Attachment: Attachment 1 - Consultant Services Agreement City of Fresno Printed on 4/21/2021Page 3 of 3 powered by Legistar™ DPU-S 8.3 /02-2021 -1- AGREEMENT CITY OF FRESNO, CALIFORNIA CONSULTANT SERVICES THIS AGREEMENT is made and entered into effective _____________________, by and between the CITY OF FRESNO, a California municipal corporation (City), and GEOSYSTEMS ANALYSIS, INC., an Arizona corportion (Consultant). RECITALS WHEREAS, the City desires to obtain professional consulting engineering services for City of Fresno, Leaky Acres Groundwater Recharge Facility Master Plan (Project); and WHEREAS, the Consultant is engaged in the business of furnishing services as a Professional Engineer and hereby represents that it desires to and is professionally and legally capable of performing the services called for by this Agreement; and WHEREAS, the Consultant acknowledges that this Agreement is subject to the requirements of Fresno Municipal Code Section 4-107 and Administrative Order No. 6-19; and WHEREAS, this Agreement will be administered for the City by its Director of Public Utilities (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. The Consultant shall perform to the satisfaction of the City the services described in Exhibit A, including all work incidental to, or necessary to perform, such services even though not specifically described in Exhibit A. 2. Term of Agreement and Time for Performance. This Agreement shall be effective from the date first set forth above and shall continue in full force and effect through the earlier of complete rendition of the services hereunder or April 30, 2023, subject to any earlier termination in accordance with this Agreement. The services of the Consultant as described in Exhibit A are to commence upon the 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 three hundred sixty (360) consecutive calendar days from such authorization to proceed. 3. Compensation. (a) The Consultant’s sole compensation for satisfactory performance of all services required or rendered pursuant to this Agreement shall be a total fee not to exceed One hundred thiry-six thousand, eight hundred and four dollars ($136,804), paid on a time and materials basis in accordance with the schedule of fees contained in Exhibit A, and a contingency amount not to exceed Thirteen thousand, seven hundred DocuSign Envelope ID: 5C60864A-1244-4575-B88E-E4A9139A9D51 DPU-S 8.3 /02-2021 -2- dollars ($13,700) for any additional work rendered pursuant to Subsection (c) below and authorized in writing by the Director. (b) Detailed statements shall be rendered monthly and will be payable in the normal course of City business. The City shall not be obligated to reimburse any expense for which it has not received a detailed invoice with applicable copies of representative and identifiable receipts or records substantiating such expense. (c) The parties may modify this Agreement to increase or decrease the scope of services or provide for the rendition of services not required by this Agreement, which modification shall include an adjustment to the Consultant’s compensation. Any change in the scope of services must be made by written amendment to the Agreement signed by an authorized representative for each party. The Consultant shall not be entitled to any additional compensation if services are performed prior to a signed written amendment. 4. Termination, Remedies and Force Majeure. (a) This Agreement shall terminate without any liability of the City to the Consultant upon the earlier of: (i) the Consultant’s filing for protection under the federal bankruptcy laws, or any bankruptcy petition or petition for receiver commenced by a third party against the Consultant; (ii) seven calendar days prior written notice with or without cause by the City to the Consultant; (iii) the City’s non-appropriation of funds sufficient to meet its obligations hereunder during any City fiscal year of this Agreement, or insufficient funding for the Project; or (iv) expiration of this Agreement. (b) Immediately upon any termination or expiration of this Agreement, the Consultant shall (i) immediately stop all work hereunder; (ii) immediately cause any and all of its subcontractors to cease work; and (iii) return to the City any and all unearned payments and all properties and materials in the possession of the Consultant that are owned by the City. Subject to the terms of this Agreement, the Consultant shall be paid compensation for services satisfactorily performed prior to the effective date of termination. The Consultant shall not be paid for any work or services performed or costs incurred which reasonably could have been avoided. (c) In the event of termination due to failure of the Consultant to satisfactorily perform in accordance with the terms of this Agreement, the City may withhold an amount that would otherwise be payable as an offset to, but not in excess of, the City’s damages caused by such failure. In no event shall any payment by the City pursuant to this Agreement constitute a waiver by the City of any breach of this Agreement which may then exist on the part of the Consultant, nor shall such payment impair or prejudice any remedy available to the City with respect to the breach. (d) Upon any breach of this Agreement by the Consultant, the City may (i) exercise any right, remedy (in contract, law or equity), or privilege which may be available to it under applicable laws of the State of California or any other applicable law; (ii) proceed by appropriate court action to enforce the terms of the Agreement; and/or (iii) recover all direct, indirect, consequential, economic and incidental damages for the breach of the Agreement. If it is determined that the City improperly terminated this Agreement for default, such termination shall be deemed a termination for convenience. DocuSign Envelope ID: 5C60864A-1244-4575-B88E-E4A9139A9D51 DPU-S 8.3 /02-2021 -3- (e) The Consultant shall provide the City with adequate written assurances of future performance, upon Director’s request, in the event the Consultant fails to comply with any terms or conditions of this Agreement. (f) The Consultant shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Consultant and without its fault or negligence such as, acts of God or the public enemy, acts of the City in its contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Consultant shall notify Director 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 the Consultant pursuant to this Agreement shall not be made available to any individual or organization by the Consultant without the prior written approval of the City. During the term of this Agreement, and thereafter, the Consultant shall not, without the prior written consent of the City, disclose to anyone any Confidential Information. The term Confidential Information for the purposes of this Agreement shall include all proprietary and confidential information of the City, including but not limited to business plans, marketing plans, financial information, designs, drawings, specifications, materials, compilations, documents, instruments, models, source or object codes and other information disclosed or submitted, orally, in writing, or by any other medium or media. All Confidential Information shall be and remain confidential and proprietary in the City. (b) Any and all original sketches, pencil tracings of working drawings, plans, computations, specifications, computer disk files, writings and other documents prepared or provided by the Consultant pursuant to this Agreement are the property of the City at the time of preparation and shall be turned over to the City upon expiration or termination of the Agreement or default by the Consultant. The Consultant grants the City a copyright license to use such drawings and writings. The Consultant shall not permit the reproduction or use thereof by any other person except as otherwise expressly provided herein. The City may modify the design including any drawings or writings. Any use by the City of the aforesaid sketches, tracings, plans, computations, specifications, computer disk files, writings and other documents in completed form as to other projects or extensions of this Project, or in uncompleted form, without specific written verification by the Consultant will be at the City’s sole risk and without liability or legal exposure to the Consultant. The Consultant may keep a copy of all drawings and specifications for its sole and exclusive use. (c) If the Consultant should subcontract all or any portion of the services to be performed under this Agreement, the Consultant shall cause each subcontractor to also comply with the requirements of this Section 5. (d) This Section 5 shall survive expiration or termination of this Agreement. DocuSign Envelope ID: 5C60864A-1244-4575-B88E-E4A9139A9D51 DPU-S 8.3 /02-2021 -4- 6. Professional Skill. It is further mutually understood and agreed by and between the parties hereto that inasmuch as the Consultant represents to the City that the Consultant and its subcontractors, if any, are skilled in the profession and shall perform in accordance with the standards of said profession necessary to perform the services agreed to be done by it under this Agreement, the City relies upon the skill of the Consultant and any subcontractors to do and perform such services in a skillful manner and the Consultant agrees to thus perform the services and require the same of any subcontractors. Therefore, any acceptance of such services by the City shall not operate as a release of the Consultant or any subcontractors from said professional standards. 7. Indemnification. To the furthest extent allowed by law including California Civil Code section 2782.8, the Consultant shall indemnify, hold harmless and defend the City and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage), and from any and all claims, demands and actions in law or equity (including reasonable attorney's fees and litigation expenses) that arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of the Consultant, its principals, officers, employees, agents or volunteers in the performance of this Agreement. If the Consultant should subcontract all or any portion of the services to be performed under this Agreement, the Consultant shall require each subcontractor to indemnify, hold harmless and defend the City and each of its officers, officials, employees, agents and volunteers in accordance with the terms of the preceding paragraph. This section shall survive termination or expiration of this Agreement. 8. Insurance. (a) Throughout the life of this Agreement, the Consultant shall pay for and maintain in full force and effect all insurance as required in Exhibit B, which is incorporated into and part of this Agreement, with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated no less than “A-VII” in the Best’s Insurance Rating Guide, or (ii) as may be authorized in writing by the City’s Risk Manager or designee at any time and in its sole discretion. The required policies of insurance as stated in Exhibit B shall maintain limits of liability of not less than those amounts stated therein. However, the insurance limits available to the City, its officers, officials, employees, agents and volunteers as additional insureds, shall be the greater of the minimum limits specified therein or the full limit of any insurance proceeds to the named insured. (b) If at any time during the life of the Agreement or any extension, the Consultant or any of its subcontractors/sub-consultants fail to maintain any required insurance in full force and effect, all services and work under this Agreement shall be discontinued immediately, and all payments due or that become due to the Consultant shall be withheld until notice is received by the City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to the City. Any failure to maintain the required insurance shall be sufficient cause for the City to terminate this Agreement. No action taken by the City pursuant to this section shall in any way relieve the Consultant of its responsibilities under DocuSign Envelope ID: 5C60864A-1244-4575-B88E-E4A9139A9D51 DPU-S 8.3 /02-2021 -5- this Agreement. The phrase “fail to maintain any required insurance” shall include, without limitation, notification received by the City that an insurer has commenced proceedings, or has had proceedings commenced against it, indicating that the insurer is insolvent. (c) The fact that insurance is obtained by the Consultant shall not be deemed to release or diminish the liability of the Consultant, including, without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify the City shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of the Consultant, its principals, officers, agents, employees, persons under the supervision of the Consultant, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them. (d) If the Consultant should subcontract all or any portion of the services to be performed under this Agreement, the Consultant shall require each subcontractor/sub-consultant to provide insurance protection, as an additional insured, to the City and each of its officers, officials, employees, agents and volunteers in accordance with the terms of this section, except that any required certificates and applicable endorsements shall be on file with the Consultant and the City prior to the commencement of any services by the subcontractor. The Consultant and any subcontractor/sub- consultant shall establish additional insured status for the City, its officers, officials, employees, agents and volunteers by using Insurance Service Office (ISO) Form CG 20 10 11 85 or both CG 20 10 10 01 and CG 20 37 10 01 or by an executed manuscript company endorsement providing additional insured status as broad as that contained in ISO Form CG 20 10 11 85. 9. Conflict of Interest and Non-Solicitation. (a) Prior to the City’s execution of this Agreement, the Consultant shall complete a City of Fresno conflict of interest disclosure statement in the form as set forth in Exhibit C. During the term of this Agreement, the Consultant shall have the obligation and duty to immediately notify the City in writing of any change to the information provided by the Consultant in such statement. (b) The Consultant shall comply, and require its subcontractors to comply, with all applicable (i) professional canons and requirements governing avoidance of impermissible client conflicts; and (ii) federal, state and local conflict of interest laws and regulations including, without limitation, California Government Code Section 1090 et. seq., the California Political Reform Act (California Government Code Section 87100 et. seq.), the regulations of the Fair Political Practices Commission concerning disclosure and disqualification (2 California Code of Regulations Section 18700 et. seq.) and Section 4-112 of the Fresno Municipal Code (Ineligibility to Compete). At any time, upon written request of the City, the Consultant shall provide a written opinion of its legal counsel and that of any subcontractor that, after a due diligent inquiry, the Consultant and the respective subcontractor(s) are in full compliance with all laws and regulations. The Consultant shall take, and require its subcontractors to take, reasonable steps to avoid DocuSign Envelope ID: 5C60864A-1244-4575-B88E-E4A9139A9D51 DPU-S 8.3 /02-2021 -6- any appearance of a conflict of interest. Upon discovery of any facts giving rise to the appearance of a conflict of interest, the Consultant shall immediately notify the City of these facts in writing. (c) In performing the work or services to be provided hereunder, the Consultant shall not employ or retain the services of any person while such person either is employed by the City or is a member of any City council, commission, board, committee, or similar City body. This requirement may be waived in writing by the City Manager, if no actual or potential conflict is involved. (d) The Consultant represents and warrants that it has not paid or agreed to pay any compensation, contingent or otherwise, direct or indirect, to solicit or procure this Agreement or any rights/benefits hereunder. (e) Neither the Consultant, nor any of the Consultant’s subcontractors performing any services on this Project, shall bid for, assist anyone in the preparation of a bid for, or perform any services pursuant to, any other contract in connection with this Project. The Consultant and any of its subcontractors shall have no interest, direct or indirect, in any other contract with a third party in connection with this Project unless such interest is in accordance with all applicable law and fully disclosed to and approved by the City Manager, in advance and in writing. (f) If the Consultant should subcontract all or any portion of the work to be performed or services to be provided under this Agreement, the Consultant shall include the provisions of this Section 9 in each subcontract and require its subcontractors to comply therewith. (g) This Section 9 shall survive expiration or termination of this Agreement. 10. Recycling Program. In the event the Consultant maintains an office or operates a facility(ies), or is required herein to maintain or operate same, within the incorporated limits of the City of Fresno, the Consultant at its sole cost and expense shall: (a) Immediately establish and maintain a viable and ongoing recycling program, approved by the City’s Solid Waste Management Division, for each office and facility. Literature describing the City recycling programs is available from the City’s Solid Waste Management Division and by calling City of Fresno Recycling Hotline at (559) 621- 1111. (b) Immediately contact the City’s Solid Waste Management Division at (559) 621-1452 and schedule a free waste audit, and cooperate with such Division in their conduct of the audit for each office and facility. (ci) Cooperate with and demonstrate to the satisfaction of the City’s Solid Waste Management Division the establishment of the recycling program in paragraph (i) above and the ongoing maintenance thereof. 11. General Terms. (a) Except as otherwise provided by law, all notices expressly required of the City within the body of this Agreement, and not otherwise specifically provided for, shall be effective only if signed by the Director or designee. DocuSign Envelope ID: 5C60864A-1244-4575-B88E-E4A9139A9D51 DPU-S 8.3 /02-2021 -7- (b) Records of the Consultant’s expenses pertaining to the Project shall be kept on a generally recognized accounting basis and shall be available to the City or its authorized representatives upon request during regular business hours throughout the life of this Agreement and for a period of three years after final payment or, if longer, for any period required by law. In addition, all books, documents, papers, and records of the Consultant pertaining to the Project shall be available for the purpose of making audits, examinations, excerpts, and transcriptions for the same period of time. If any litigation, claim, negotiations, audit or other action is commenced before the expiration of said time period, all records shall be retained and made available to the City until such action is resolved, or until the end of said time period whichever shall later occur. If the Consultant should subcontract all or any portion of the services to be performed under this Agreement, the Consultant shall cause each subcontractor to also comply with the requirements of this paragraph. This Section 11(b) shall survive expiration or termination of this Agreement. (c) Prior to execution of this Agreement by the City, the Consultant shall have provided evidence to the City that the Consultant is licensed to perform the services called for by this Agreement (or that no license is required). If the Consultant should subcontract all or any portion of the work or services to be performed under this Agreement, the Consultant shall require each subcontractor to provide evidence to the City that subcontractor is licensed to perform the services called for by this Agreement (or that no license is required) before beginning work. 12. Nondiscrimination. To the extent required by controlling federal, state and local law, the Consultant shall not employ discriminatory practices in the provision of services, employment of personnel, or in any other respect on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Subject to the foregoing and during the performance of this Agreement, the Consultant agrees as follows: (a) The Consultant will comply with all applicable laws and regulations providing that no person shall, on the grounds of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity made possible by or resulting from this Agreement. (b) The Consultant will not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. The Consultant shall ensure that applicants are employed, and the employees are treated during employment, without regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Such requirement shall apply to the Consultant’s employment practices including, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or DocuSign Envelope ID: 5C60864A-1244-4575-B88E-E4A9139A9D51 DPU-S 8.3 /02-2021 -8- recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provision of this nondiscrimination clause. (c) The Consultant will, in all solicitations or advertisements for employees placed by or on behalf of the Consultant in pursuit hereof, state that all qualified applicants will receive consideration for employment without regard to race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. (d) The Consultant will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice advising such labor union or workers' representatives of the Consultant’s commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (e) If the Consultant should subcontract all or any portion of the services to be performed under this Agreement, the Consultant shall cause each subcontractor to also comply with the requirements of this Section 12. 13. Independent Contractor. (a) In the furnishing of the services provided for herein, the Consultant is acting solely as an independent contractor. Neither the Consultant, nor any of its officers, agents or employees shall be deemed an officer, agent, employee, joint venturer, partner or associate of the City for any purpose. The City shall have no right to control or supervise or direct the manner or method by which the Consultant shall perform its work and functions. However, the City shall retain the right to administer this Agreement so as to verify that the Consultant is performing its obligations in accordance with the terms and conditions thereof. (b) This Agreement does not evidence a partnership or joint venture between the Consultant and the City. The Consultant shall have no authority to bind the City absent the City’s express written consent. Except to the extent otherwise provided in this Agreement, the Consultant shall bear its own costs and expenses in pursuit thereof. (c) Because of its status as an independent contractor, the Consultant and its officers, agents and employees shall have absolutely no right to employment rights and benefits available to City employees. The Consultant shall be solely liable and responsible for all payroll and tax withholding and for providing to, or on behalf of, its employees all employee benefits including, without limitation, health, welfare and retirement benefits. In addition, together with its other obligations under this Agreement, the Consultant shall be solely responsible, indemnify, defend and save the City harmless from all matters relating to employment and tax withholding for and payment of the Consultant’s employees, including, without limitation, (i) compliance with Social Security and unemployment insurance withholding, payment of workers’ compensation benefits, and all other laws and regulations governing matters of employee withholding, taxes and payment; and (ii) any claim of right or interest in the City employment benefits, DocuSign Envelope ID: 5C60864A-1244-4575-B88E-E4A9139A9D51 DPU-S 8.3 /02-2021 -9- entitlements, programs and/or funds offered employees of the City whether arising by reason of any common law, de facto, leased, or co-employee rights or other theory. It is acknowledged that during the term of this Agreement, the Consultant may be providing services to others unrelated to the City or to this Agreement. 14. Notices. Any notice required or intended to be given to either party under the terms of this Agreement shall be in writing and shall be deemed to be duly given if delivered personally, transmitted by facsimile followed by telephone confirmation of receipt, or sent by United States registered or certified mail, with postage prepaid, return receipt requested, addressed to the party to which notice is to be given at the party's address set forth on the signature page of this Agreement or at such other address as the parties may from time to time designate by written notice. Notices served by United States mail in the manner above described shall be deemed sufficiently served or given at the time of the mailing thereof. 15. Binding. Subject to Section 16, below, once this Agreement is signed by all parties, it shall be binding upon, and shall inure to the benefit of, all parties, and each parties' respective heirs, successors, assigns, transferees, agents, servants, employees, and representatives. 16. Assignment. (a) This Agreement is personal to the Consultant and there shall be no assignment by the Consultant of its rights or obligations under this Agreement without the prior written approval of the City Manager or designee. Any attempted assignment by the Consultant, its successors or assigns, shall be null and void unless approved in writing by the City Manager or designee. (b) The Consultant hereby agrees not to assign the payment of any monies due the Consultant from the City under the terms of this Agreement to any other individual(s), corporation(s) or entity(ies). The City retains the right to pay any and all monies due the Consultant directly to the Consultant. 17. Compliance With Law. In providing the services required under this Agreement, the Consultant shall at all times comply with all applicable laws of the United States, the State of California and the City, and with all applicable regulations promulgated by federal, state, regional, or local administrative and regulatory agencies, now in force and as they may be enacted, issued, or amended during the term of this Agreement. 18. Waiver. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. No provisions of this Agreement may be waived unless in writing and signed by all parties to this Agreement. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein. 19. Governing Law and Venue. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California, excluding, however, any conflict of laws rule which would apply the law of another jurisdiction. Venue for purposes of the filing of any action regarding the enforcement or interpretation of this DocuSign Envelope ID: 5C60864A-1244-4575-B88E-E4A9139A9D51 DPU-S 8.3 /02-2021 -10- 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. 26. Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity. 27. No Third Party Beneficiaries. The rights, interests, duties and obligations defined within this Agreement are intended for the specific parties hereto as identified in the preamble of this Agreement. Notwithstanding anything stated to the contrary in this Agreement, it is not intended that any rights or interests in this Agreement benefit or flow to the interest of any third parties. 28. Extent of Agreement. Each party acknowledges that they have read and fully understand the contents of this Agreement. This Agreement represents the entire and integrated agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be modified only by written instrument duly authorized and executed by both the City and the Consultant. [Signatures follow on the next page.] DocuSign Envelope ID: 5C60864A-1244-4575-B88E-E4A9139A9D51 DPU-S 8.3 /02-2021 -11- IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno, California, the day and year first above written. CITY OF FRESNO, a California municipal corporation By: Michael Carbajal, Director Department of Public Utilities ATTEST: YVONNE SPENCE, MMC CRM City Clerk By: Deputy No signature of City Attorney required. Standard Document #DPU-S 8.3/02-2021 has been used without modification, as certified by the undersigned. By: Erin Augusto Engineer I Department of Public Utilities REVIEWED BY: Glenn A Knapp, Supervising Professional Engineer Department of Public Utilities Addresses: CITY: City of Fresno Attention: Erin Augusto, Engineer I 2101 G Street, Fresno, CA 93706 Phone: (559) 621-1608 Facsimile (559) 498-4126 E-mail: Erin.Augusto@fresno.gov GEOSYSTEMS ANALYSIS, INC.], an Arizona 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: GeoSystems Analysis, Inc. Attention: Michael Milczarek, Program Director 3393 North Dodge Boulevard Tucson, AZ 85716 Phone: (520) 628-9330 Facsimile” (520) 628-1122 E-mail mike@gsanalysis.com Attachments: 1. Exhibit A - Scope of Services 2. Exhibit B - Insurance Requirements 3. Exhibit C - Conflict of Interest Disclosure Form DocuSign Envelope ID: 5C60864A-1244-4575-B88E-E4A9139A9D51 President MICHAEL MILCZAREK 3/24/2021 Jason Keller 1/4/2011 Oregon Registered Geologist 3/24/2021 G2301 Vice President 3/24/2021 3/24/2021 Yvonne Spence DPU-S 8.3 /02-2021 Page 1 of 7 EXHIBIT A SCOPE OF SERVICES Consultant Service Agreement between City of Fresno (City) and GeoSystems Analysis, Inc. (Consultant) City of Fresno, Leaky Acres Groundwater Recharge Facility Master Plan Task 1. Administrative Services Consultant will provide project management services, coordinate with subconsultants, and is responsible for ensuring high quality and timely project deliverables. Responsibilities include: a. Organizing a project kick‐off meeting via teleconference between the Consultant Team and the City to clarify client priorities and objectives, discuss existing reports & data sets and project questions, etc. b. Coordinating monthly teleconference meetings with the City Project Manager to discuss key aspects of the project and resolve technical or financial issues. c. Coordinating Team members to ensure efficient cross‐disciplinary collaboration, as well as compliance with project budget and schedule. d. Directing and compiling Technical Memorandum, Standard Operational Procedures Manual, and Draft and Final Project Reports. e. Developing and coordinating summary presentations for Interim, Draft and Final findings to the City. f. Monthly project accounting and invoicing to include detailed work summaries. Consultant Services for Task 1 Services is estimated to be $17,669. Task 2. Document and Data Review This Task will focus on two key areas: 1) operational data on recharge volumes and rates, basin operations, performance, and basin maintenance; 2) available data on near‐surface and deeper subsurface conditions at the various basin locations. An understanding of both these conditions is necessary to determine what options are available to the City to increase recharge rates and what additional data collection may be needed. In addition to the hydrogeologic and operations studies conducted by the USDA‐ARS, we are aware that other geotechnical studies and well installations (i.e. BSK Associates), and ongoing trials/monitoring of sedimentation basins, installation of furrows, vadose zone wells, and Parjana EGRP® wick drains have been conducted by the City. The City also collects detailed data on recharge basin performance and groundwater elevations which has been helpful in identifying the most productive basins within the Leaky Acres facility. Consultant will review both hydrogeologic conditions and operational methodologies as the operations may have as much impact on the successful operation of the system as DocuSign Envelope ID: 5C60864A-1244-4575-B88E-E4A9139A9D51 DPU-S 8.3 /02-2021 Page 2 of 7 the subsurface conditions. Data from all studies will be compiled and the operations and hydrogeologic conditions at each of the priority basins will be summarized into a tablular format. Consultant Services for Task 2 Services is estimated to be $17,228. Task 3. Hydraulics Evaluation The focus of the of hydraulic evaluation will be to catalogue all structures and identify the control points and elevations throughout the system and to determine whether these facilities are in good condition and can be utilized in the Master Plan. In addition, a preliminary analysis of sedimentation control and basin operations will be performed. The hydraulics evaluation will build upon the Task 2 operations analysis and review of construction documents, and consist of a field review and inventory of the facility structures. The field review and surface feature inspection is very important as it is expected that much of the hydraulic system is approaching fifty years old. We assume the City will have drawings and construction documents that relate to the structures on site but has not recently surveyed the structures on the property in order to determine current conditions, thus a field survey will need to be performed to acquire the data. Based on the facility inventory and field survey, two levels of hydraulic analysis will be performed: 1) sedimentation control and 2) optimum basin layout, control points and routing. The sedimentation analysis will calculate the retention storage volume and time needed to facilitate the removal of the majority of sediment from recharge water delivered by Fresno Irrigation District (FID). Frequency distributions will be developed for the estimated Total Suspended Solids (TSS) load based on historic water quality data from the FID, the City and other agencies (i.e. USACOE). Various historic TSS concentrations percentiles (i.e. mean, 75% and 90%) will be used to calculate the needed retention time to reduce 50%, 75% and 90% of the TSS load. We anticipate that this exercise will identify an optimum sediment basin(s) size that will function to capture the majority of TSS loading, and in addition, identify a TSS concentration that the Leaky Acres facility should not accept due to inability to remove adequate amounts of sediment (i.e. the upper 5% to 10% of historic TSS concentrations). A basin layout and water transfer analysis will then evaluate water routing and basin sizing within the facility as a tradeoff between sedimentation control and maximizing recharge basin areas. In addition, if not within the current conditions, a plan to allow water bypass and drain individual basins in order to provide maintenance will be conducted. Initial Task 3 findings will be presented during a regularly scheduled monthly meeting via video conference. Based on City feedback, an optimum plan layout will be developed for the basins, with recommendations for capital improvement plan in Task 7. Consultant Services for Task 3 Services is estimated to be $15,581. DocuSign Envelope ID: 5C60864A-1244-4575-B88E-E4A9139A9D51 DPU-S 8.3 /02-2021 Page 3 of 7 Task 4. Geotechnical and/or Hydrogeologic Evaluation The focus of Task 4 will be to use the historic data collection and studies (Task 2) to develop hydrogeologic conceptual models (HCMs) of individual basins, and to the extent practicable, identify potential opportunities to increase recharge rates either through operational or recharge enhancement methods. Based on our experience, basin specific hydrogeologic conditions will dictate what recharge enhancement methods are suitable. For example, if the data indicate that the fine‐grained layer located at approximately 11 m below ground surface is the primary impediment to recharge, deeper subsurface technologies (i.e. drywells/boreholes) may be the most suitable recharge enhancement method. Task 4 will also include a review and evaluation of alternative recharge enhancement methods that could be used at each basin. To the extent practicable, cost estimates of additional recharge enhancement will be developed, on a per unit basis. Consultant sassumes as part of ongoing basin maintenance, the City has assessed the extent of siltation/sediment accumulation. If this data is not available, then a field characterization of surface siltation will be required as this information is needed to determine whether sediment removal is necessary as an operational improvement. A separate cost proposal for a near‐surface field characterization can be prepared or recommended in Task 6. Initial findings from Task 4 will be presented during a regularly scheduled monthly meeting via video conference. Based on City feedback, recommendations for additional geotechnical studies to close data gaps and potential pilot projects for evaluating alternative recharge enhancement methods will be provided. In conjunction with the City, a final list of high priority basins and/or pilot projects will be selected for the Task 7 plan. Consultant Services for Task 4 Services is estimated to be $9,640. Task 5. Monitoring and Instrumentation Evaluation This Task will evaluate the current system used to monitor and manage facility operations. Consultant assumes the following monitoring and control systems will need to be addressed: a. Basin water inflow, outflow and elevations b. Gates, valves and pump controls c. Recharge water quality d. Groundwater and perched water elevations e. Groundwater and perched water quality f. Recharge enhancement technology monitoring g. Basin maintenance scheduling and completion. Based on the City’s monitoring and management needs, Consultant and subconsult(s) will develop recommendations for an integrated monitoring system that will use telemetry or direct connection (if present) to tie into the existing SCADA system (if present) or a DocuSign Envelope ID: 5C60864A-1244-4575-B88E-E4A9139A9D51 DPU-S 8.3 /02-2021 Page 4 of 7 new integrated system. Consultant will provide Recommendations that will include a process for storing output from the proposed system in the existing City database or the development of a facility database to minimize data processing. Consultant has over 20 years of experience installing monitoring equipment in highly varying environmental conditions. Consultant monitoring program approach is designed to meet key objectives as summarized below: 1) Ensure that proposed equipment is compatible with existing equipment and meets the City’s monitoring needs. 2) Ensure that instrument selection and installation is robust and economical. 3) Design and install equipment that is protected against environmental elements such as animals and vandalism. 4) Ensure that all instrumentation is operating correctly and within manufacturer’s operating specifications and provide equipment calibration, quality assurance and quality control: a. Test and verify equipment prior to and immediately following installation to assure proper functionality. b. Preliminary, interim, and final calibration of sensors to assure continuous collection of a calibrated dataset. c. Ensure that all instrumentation is maintained correctly. d. Minimize the amount of time that instrumentation is not operating correctly, and include strategies to avoid data loss (data redundancy, backup procedures, etc.). e. Ensure data quality (QA/QC approach, data management) through data process guidelines. 5) Database(s) design will include storage and backup system procedures to prevent data loss. Consultant has developed successful instrumentation and database management systems on multiple projects for complex data management and processing requirements. Recommendations for the Leaky Acre facility monitoring program will be developed in conjunction with the City and provided in Task 6. Estimated cost for procurement and implementation will be presented in Task 7. Consultant Services for Task 5 Services is estimated to be $8,287. Task 6. Preparation of the Draft and Final Facility Technical Memorandum Findings and recommendations from Tasks 2‐5 will be summarized into a technical memorandum that will focus on: 1) Data gaps and a recommended study plan(s) to resolve any data gaps (Task 2); 2) Findings of the hydraulic evaluation and recommendations for facility operations improvement (Task 3); 3) Findings of the hydrogeologic evaluation and recommendations for recharge enhancement technologies and studies (Task 4), and; 4) Monitoring system review and recommendations (Task 5). With input from the City, the Task 6 findings will be used to develop the primary objectives of the Master Plan and identify practical changes and improvements to operations and recharge efficiencies. DocuSign Envelope ID: 5C60864A-1244-4575-B88E-E4A9139A9D51 DPU-S 8.3 /02-2021 Page 5 of 7 Task 6 Deliverables: a. One electronic file (PDF and MSWord document) of each Draft Project document as completed b. Six (6) hard-copies and one each electronic file (PDF and MSWord document) of the Draft Facility Technical Memorandum. c. Six (6) hard-copies and one each electronic file (PDF and MSWord document) of the Final Facility Technical Memorandum. d. A meeting with the City of Fresno to receive and discuss comments to the draft Technical Memorandum Consultant Services for Task 6 Services is estimated to be $24,721. Task 7. Preparation of the Draft and Final Facility Master Plan Based on the Task 6 Technical Memorandum, a Draft Facility Master Plan will be developed in consultation with the City of Fresno to identify necessary studies, needed operational changes and potential recharge enhancement projections. Within the master plan needed changes and improvements will be identified and sequenced to develop the capital improvement project (CIP) plan. Costs will be estimated for the improvements and laid out in the Final Facility Master Plan. While the written document is important, we have found that the graphical representation is most useful to convey the plan to others. To this end, attention will be given to make sure graphical representation of the plan is easy to use and understand such that it can be handed to staff and decision makers to assure clear and concise communication. We envision that the master plan and resulting capital plan will include installation of the most critical infrastructure in the early years of the plan and this will correlate to being the most financially cost effective to the City. As per the RFP, the Master Plan will provide: 1) An executive summary of the City’s groundwater recharge program and Leaky Acres facility. 2) A summary of the Facility Technical Memorandum Findings. 3) A recommended 5‐year prioritized list of potential CIP project alternatives including estimated budgets and schedules. These CIPs could include: a. System upgrades and modifications to the basin configuration to improve basin management and sediment control b. Operations and maintenance improvements c. Required studies and implementation of recharge enhancement methods d. Monitoring and control system improvements. 4) Recommended Standard Operational Procedures to include performance objectives and completion of targeted CIP project alternatives. 5) Preparation of schematic construction details of targeted 5‐year CIP project alternatives. 6) Preparation of standard construction details for typical facility improvements. Task 7 Deliverables: DocuSign Envelope ID: 5C60864A-1244-4575-B88E-E4A9139A9D51 DPU-S 8.3 /02-2021 Page 6 of 7 a. Six (6) hard-copies and one each electronic file (PDF and MSWord document) of the Draft Project Master Plan Report b. Ten (10) hard-copies and one each electronic file (PDF and MSWord document) of the Final Project Master Plan Report c. A meeting with the City of Fresno to receive and discuss comments to the draft Master Plan. Consultant Services for Task 7 Services is estimated to be $43,678. DocuSign Envelope ID: 5C60864A-1244-4575-B88E-E4A9139A9D51 DPU-S 8.3 /02-2021 Page 7 of 7 SCHEDULE OF FEES Time-and-Expense(T&E) fees will be billed in accordance with the standard billing rates shown below. GeoSystems Analysis will aim to provide the Client an update if incurred labor has reached an approximately 85% of the initial proposed budget. Standard Hourly Labor Rates Principal Hydrogeologist........................................................................................$225.00 Program Director...................................................................................................$205.00 Project Manager....................................................................................................$185.00 Senior Hydrologist/Hydrogeologist…………..........................................................$175.00 Senior Soil/Restoration Scientist...........................................................................$165.00 Project Hydrologist/Scientist..................................................................................$145.00 Staff Hydrologist/Scientist......................................................................................$125.00 Hydrologist/Scientist II...........................................................................................$105.00 Hydrologist/Scientist I............................................................................................$ 95.00 Ecologist/Biologist..................................................................................................$ 85.00 Data Manager........................................................................................................$120.00 Technical Editor….................................................................................................$110.00 GIS/AutoCAD Draft Person...................................................................................$100.00 Laboratory Technician...........................................................................................$ 75.00 Clerical…...............................................................................................................$ 75.00 DocuSign Envelope ID: 5C60864A-1244-4575-B88E-E4A9139A9D51 DPU-S 8.3 /02-2021 Page 1 of 4 EXHIBIT B INSURANCE REQUIREMENTS Consultant Service Agreement between City of Fresno (City) and GeoSystems Analysis, Inc. (Consultant) City of Fresno, Leaky Acres Groundwater Recharge Facility Master Plan MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: 1. The most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01, providing liability coverage arising out of your business operations. The Commercial General Liability policy shall be written on an occurrence form and shall provide coverage for “bodily injury,” “property damage” and “personal and advertising injury” with coverage for premises and operations (including the use of owned and non- owned equipment), products and completed operations, and contractual liability (including, without limitation, indemnity obligations under the Agreement) with limits of liability not less than those set forth under “Minimum Limits of Insurance.” 2. The most current version of ISO *Commercial Auto Coverage Form CA 00 01, providing liability coverage arising out of the ownership, maintenance or use of automobiles in the course of your business operations. The Automobile Policy shall be written on an occurrence form and shall provide coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1- Any Auto). If personal automobile coverage is used, the City, its officers, officials, employees, agents, and volunteers are to be listed as additional insureds. 3. Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. 4. Professional Liability (Errors and Omissions) insurance appropriate to the Consultant’s profession. Architect’s and engineer’s coverage is to be endorsed to include contractual liability. MINIMUM LIMITS OF INSURANCE The Consultant, or any party the Consultant subcontracts with, shall maintain limits of liability of not less than those set forth below. However, insurance limits available to the City, its officers, officials, employees, agents and volunteers as additional insureds, shall be the greater of the minimum limits specified herein or the full limit of any insurance proceeds available to the named insured: 1. COMMERCIAL GENERAL LIABILITY: (i) $1,000,000 per occurrence for bodily injury and property damage; (ii) $1,000,000 per occurrence for personal and advertising injury; (iii) $2,000,000 aggregate for products and completed operations; and, (iv) $2,000,000 general aggregate applying separately to the work DocuSign Envelope ID: 5C60864A-1244-4575-B88E-E4A9139A9D51 DPU-S 8.3 /02-2021 Page 2 of 4 performed under the Agreement. 2. COMMERCIAL AUTOMOBILE LIABILITY: $1,000,000 per accident for bodily injury and property damage. OR* PERSONAL AUTOMOBILE LIABILITY insurance with limits of liability not less than: (i) $100,000 per person; (ii) $300,000 per accident for bodily injury; and, (iii) $50,000 per accident for property damage. 3. WORKERS’ COMPENSATION INSURANCE as required by the State of California with statutory limits. 4. EMPLOYER’S LIABILITY: (i) $1,000,000 each accident for bodily injury; (ii) $1,000,000 disease each employee; and, (iii) $1,000,000 disease policy limit. 5. PROFESSIONAL LIABILITY (Errors and Omissions): (i) $1,000,000 per claim/occurrence; and, (ii) $2,000,000 policy aggregate. UMBRELLA OR EXCESS INSURANCE In the event the Consultant purchases an Umbrella or Excess insurance policy(ies) to meet the “Minimum Limits of Insurance,” this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies). In addition, such Umbrella or Excess insurance policy(ies) shall also apply on a primary and non-contributory basis for the benefit of the City, its officers, officials, employees, agents, and volunteers. DEDUCTIBLES AND SELF-INSURED RETENTIONS The Consultant shall be responsible for payment of any deductibles contained in any insurance policy(ies) required herein and the Consultant shall also be responsible for payment of any self-insured retentions. Any deductibles or self-insured retentions must be declared on the Certificate of Insurance, and approved by, the City’s Risk Manager or designee. At the option of the City’s Risk Manager or designee, either: (i) The insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees, agents and volunteers; or (ii) The Consultant shall provide a financial guarantee, satisfactory to the City’s Risk Manager or designee, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall the City be responsible for the payment of any deductibles or self-insured retentions. DocuSign Envelope ID: 5C60864A-1244-4575-B88E-E4A9139A9D51 DPU-S 8.3 /02-2021 Page 3 of 4 OTHER INSURANCE PROVISIONS/ENDORSEMENTS The General Liability and Automobile Liability insurance policies are to contain, or be endorsed to contain, the following provisions: 1. The City, its officers, officials, employees, agents and volunteers are to be covered as additional insureds. The Consultant shall establish additional insured status for the City and for all ongoing and completed operations by use of ISO Form CG 20 10 11 85 or both CG 20 10 10 01 and CG 20 37 10 01 or by an executed manuscript insurance company endorsement providing additional insured status as broad as that contained in ISO Form CG 20 10 11 85. 2. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees, agents and volunteers. Any available insurance proceeds in excess of the specified minimum limits and coverage shall be available to the Additional Insured. 3. For any claims related to this Agreement, the Consultant’s insurance coverage shall be primary insurance with respect to the City, its officers, officials, employees, agents and volunteers. Any insurance or self- insurance maintained by the City, its officers, officials, employees, agents and volunteers shall be excess of the Consultant’s insurance and shall not contribute with it. The Consultant shall establish primary and non- contributory status by using ISO Form CG 20 01 04 13 or by an executed manuscript insurance company endorsement that provides primary and non-contributory status as broad as that contained in ISO Form CG 20 01 04 13. The Workers’ Compensation insurance policy is to contain, or be endorsed to contain, the following provision: The Consultant and its insurer shall waive any right of subrogation against the City, its officers, officials, employees, agents and volunteers. If the Professional Liability (Errors and Omissions) insurance policy is written on a claims- made form: 1. The retroactive date must be shown, and must be before the effective date of the Agreement or the commencement of work by the Consultant. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (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 the Consultant, the 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. DocuSign Envelope ID: 5C60864A-1244-4575-B88E-E4A9139A9D51 DPU-S 8.3 /02-2021 Page 4 of 4 4. A copy of the claims reporting requirements must be submitted to the City for review. 5. These requirements shall survive expiration or termination of the Agreement. All policies of insurance required herein shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after thirty (30) calendar days written notice by certified mail, return receipt requested, has been given to the City. The Consultant is also responsible for providing written notice to the City under the same terms and conditions. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits, the Consultant shall furnish the City with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for the City, the Consultant shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than fifteen (15) calendar days prior to the expiration date of the expiring policy. VERIFICATION OF COVERAGE The Consultant shall furnish the City with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the City’s Risk Manager or designee prior to the City’s execution of the Agreement and before work commences. All non-ISO endorsements amending policy coverage shall be executed by a licensed and authorized agent or broker. Upon request of the City, the Consultant shall immediately furnish City with a complete copy of any insurance policy required under this Agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement. DocuSign Envelope ID: 5C60864A-1244-4575-B88E-E4A9139A9D51 EXHIBIT C DISCLOSURE OF CONFLICT OF INTEREST City of Fresno, Leaky Acres Groundwater Recharge Facility Master Plan 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) DocuSign Envelope ID: 5C60864A-1244-4575-B88E-E4A9139A9D51 X X GeoSystems Analysis, Inc. MICHAEL MILCZAREK N/A X X Michael Milczarek X X Tucson, AZ 85701 3/24/2021 City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 21-527,Version:1 REPORT TO THE CITY COUNCIL April 28, 2021 FROM:MICHAEL CARBAJAL, Director Department of Public Utilities THROUGH:BROCK D. BUCHE, PE, PLS, Assistant Director - UP&E Department of Public Utilities - Utilities Planning & Engineering BY:PETER MARACCINI, PhD, Professional Engineer Department of Public Utilities - Utilities Planning & Engineering SUBJECT ***RESOLUTION -Authorizing the preparation and submission of financial assistance applications to the California State Water Resources Control Board for planning,design,and construction of sewer infrastructure for the Daleville residential community (Fresno County) (Subject to Mayor’s veto) RECOMMENDATION Staff recommends that Council: 1.Adopt a resolution authorizing the preparation and submission of financial assistance applications to the California State Water Resources Control Board (Board),for the planning, design, and construction of sewer infrastructure for the Daleville residential community; and 2.Authorize the Director of Public Utilities,or designee,to execute all financial assistance application documents on behalf of the City. EXECUTIVE SUMMARY The Daleville residential community is currently served by aging residential septic systems that are currently or near the point of failing and contribute to elevated nitrate levels in nearby domestic wells. The community has been found eligible for grant or principal forgiveness funding under the Clean Water State Revolving Fund (CWSRF)Program for the planning,design,and construction of sewer infrastructure that will connect the community to the City’s sewer collection system and remove the aging residential septic systems.The first step to applying for such programs is adoption of an Authorizing Resolution that will allow the City,on behalf of the Daleville community,to submit financial assistance applications to the Board. City of Fresno Printed on 4/21/2021Page 1 of 3 powered by Legistar™ File #:ID 21-527,Version:1 BACKGROUND The Board administers the CWSRF program,which provides funding for projects associated with water quality protection.On July 1,2008,the Board adopted Resolution No.2008-0048 to assist in providing funding for disadvantaged and severely disadvantaged communities to address and remediate wastewater challenges,including failing septic systems that can lead to chemical and bacterial contamination of local groundwater supplies and degrade local aquatic environments. The Daleville residential neighborhood,located outside City limits and within the City’s Sphere of Influence,is designated as a disadvantaged community.This area is loosely bounded by North, Central,Cherry,and East Avenues.Residents and property owners have stated a strong desire to abandon their septic systems and connect to the City’s sewer collection system.Some of the residential septic tanks are reported as failing.All are likely contributing to high nitrate levels in the groundwater as substantiated by 77%of domestic wells sampled indicating nitrate levels above the Maximum Contamination Level (MCL) for drinking water. To address this condition,a new sewer main will be constructed on Daleville Avenue to tie the residential community into existing sewer mains on Cherry and Central Avenues.Thereafter,homes located on Central Avenue between Cherry and Mary Avenues,homes located on Daleville Avenue just east of Cherry Avenue,and homes located on Cherry Avenue between North and Central Avenues will be offered the opportunity to connect to the City’s sewer collection system should they choose.If all property owners chose to participate,approximately 60 properties could connect to City’s collection system.The CWSRF program will also provide funds for a contractor to remove residential septic systems and replumb sewer lines on each property.As onsite work is outside the purview of the City’s responsibilities,the contractor’s work will not be managed or supervised by the City. The Project will be funded by the Board CWSRF program.To apply for CWSRF program funding,an Authorizing Resolution is required to be adopted by the City’s governing body to allow the City,on behalf of the Daleville community,to submit a financial assistance application to the Board.Adoption by Council will initiate efforts necessary for the planning,design,and construction of sewer infrastructure on Daleville Avenue.Upon application review and approval by the Board,any potential future financial funding impacts will be brought before Council for consideration and approval. On March 24,2021,Fresno County Local Agency Formation Commission (LAFCo)adopted Resolution No.OS-21-02,authorizing the City to provide new or extended collection system services to the Daleville residential community.An application was required because the Daleville residential community is located outside the City’s jurisdictional boundaries but within its Sphere of Influence. The Authorizing Resolution for preparation and submission of financial assistance applications to the California State Water Resources Control Board has been approved as to form by the City Attorney’s Office. ENVIRONMENTAL FINDINGS Authorization to submit an application for financial assistance is not a “project”for the purposes of California Environmental Quality Act (CEQA),as it is a funding mechanism or other government fiscal activity and does not involve commitment to any specific project that may result in a potentially significant physical impact on the environment as contemplated by CEQA Guidelines Section 15378City of Fresno Printed on 4/21/2021Page 2 of 3 powered by Legistar™ File #:ID 21-527,Version:1 significant physical impact on the environment as contemplated by CEQA Guidelines Section 15378 (b). LOCAL PREFERENCE The local preference was not implemented because adoption of this resolution does not involve the bid or award of a construction or services agreement. FISCAL IMPACT There is no impact to the General Fund or other City debt service obligations.Submission of these financial assistance applications is merely a mechanism to identify and initiate future planning,design and construction needs in the form of grants.Upon application review and approval by the Board, any potential future financial funding impacts will be brought before Council for consideration and approval. Attachments: Attachment 1 - Authorizing Resolution Attachment 2 - Project Location Map & Sewer Plan Attachment 3 - LAFCO Resolution No. OS-21-02 City of Fresno Printed on 4/21/2021Page 3 of 3 powered by Legistar™ PROJECT LOCATION City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 21-530,Version:1 REPORT TO THE CITY COUNCIL April 28, 2021 FROM:MICHAEL CARBAJAL, Director Department of Public Utilities THROUGH:BROCK D. BUCHE, PE, PLS, Assistant Director - UP&E Department of Public Utilities - Utilities Planning & Engineering BY:ANITA LUERA, Supervising Engineering Technician Department of Public Utilities - Utilities Planning & Engineering SUBJECT Approve a Consultant Services Agreement with Michael K.Nunley &Associates,Inc.,to provide engineering design services for wellhead treatment improvements at Pump Stations 177 and 185 for an amount not to exceed $339,045 (Council District 6) RECOMMENDATIONS Staff recommends that City Council approve a Consultant Services Agreement with Michael K. Nunley &Associates,Inc.,(MKN)in the amount of $309,045 plus a contingency of $30,000,for a total amount not to exceed $339,045,to provide engineering design services for wellhead treatment improvements at Pump Stations (PS)177 and 185 (Project);and authorize the Director of Public Utilities, or designee, to sign the agreement on behalf of the City of Fresno (City). EXECUTIVE SUMMARY Concentrations of the synthetic organic chemical 1,2,3-Trichloropropane (TCP),exceeding the regulatory maximum contaminant level,have been detected in approximately 33 of the City’s municipal groundwater wells.Approximately 26 of these wells are currently non-operational due to the TCP presence and absence of TCP treatment facilities at these well sites.The Department of Public Utilities,(DPU)Water Division requires consultant services to evaluate groundwater quality data and prepare a Basis of Design report for wellhead treatment improvements at PS 177 and 185. The consultant shall also complete environmental assessment requirements,prepare plans and specifications for construction of the improvements,acquire all related permits,and provide engineering support during bidding and construction. City of Fresno Printed on 4/21/2021Page 1 of 3 powered by Legistar™ File #:ID 21-530,Version:1 BACKGROUND The City maintains a water production system consisting of more than 260 municipal groundwater wells that currently provide just under 50%of the City’s potable water supply.The synthetic organic chemical TCP has been detected in approximately 100 of the City’s 260 municipal wells.TCP has been used mainly as a solvent and extracting agent and has been associated to a soil fumigant (nematicide).Extensive use of these fumigants likely resulted in the migration of TCP into local groundwater supplies.To date,approximately 33 of the City’s municipal groundwater wells exceed the regulatory maximum contaminant level for TCP and approximately 26 are currently non- operational due to the TCP presence and absence of TCP treatment facilities at these well sites. Implementation of wellhead treatment facilities at the impacted municipal groundwater well sites is necessary to return the wells to service and to ensure appropriate levels of service are maintained. The DPU now requires consultant services to evaluate groundwater quality data and prepare a Basis of Design report for wellhead treatment improvements at PS 177 and 185.The consultant shall also complete environmental assessment requirements,prepare plans and specifications for construction of the improvements,acquire all related permits,and provide engineering support during bidding and construction. In accordance with Fresno Municipal Code Chapter 4,Article 1,and Administrative Order 6-19,the DPU conducted a competitive process for selecting a consultant to provide the requested professional services for this Project.On January 20,2021,the City published a Request for Qualifications (RFQ)for consulting services through the City’s Planet Bids website and sent direct email notifications with details of the posting to 43 potential candidates.The RFQ was also published in the Business Journal on January 20,2021.Three Statement of Qualifications (SOQs)were submitted to the DPU for consideration by the deadline of February 18,2021.A selection committee, consisting of representatives from the DPU’s Utilities Planning and Engineering,evaluated the SOQs and ranked the consultants.Upon completing the evaluation and fee negotiation process,MKN was selected based on their extensive experience in advanced water treatment processes.MKN also demonstrated a complete understanding of the Project and provided a thorough approach to completing the Project that meets the City’s goals and objectives. A standard Consultant Services Agreement has been used,without modification,in accordance with Administrative Order 4-4.MKN’s Certificates of Insurance have been approved by the City’s Risk Management Division.Upon approval by the City Council,the Consultant Services Agreement will be executed by the Director of Public Utilities, or his designee. ENVIRONMENTAL FINDINGS By the definition provided in the California Environmental Quality Act (CEQA)Guidelines Section 15378, the award of this contract is not a “project” as defined by CEQA. LOCAL PREFERENCE Local preference was implemented as MKN and all other proposing firms are local businesses pursuant to Fresno Municipal Code Section 4-109(b). City of Fresno Printed on 4/21/2021Page 2 of 3 powered by Legistar™ File #:ID 21-530,Version:1 FISCAL IMPACT This Project is located in Council District 6.There is no impact to the General Fund.Funding for these services is included in the Water Division’s five-year Capital Improvement Program budget within the Water Enterprise Funds 40116 and 40197-TCP.The total contracted price for this work is $309,045 plus a contingency of $30,000 for a total amount not to exceed $339,045.No additional funding is required for this Project. Attachment: Attachment 1 - Consultant Services Agreement City of Fresno Printed on 4/21/2021Page 3 of 3 powered by Legistar™ DPU-S 9.3 /02-2021 -1- AGREEMENT CITY OF FRESNO, CALIFORNIA CONSULTANT SERVICES THIS AGREEMENT is made and entered into effective _____________________, by and between the CITY OF FRESNO, a California municipal corporation (City), and Michael K. Nunley & Associates, Inc., a California Corporation (Consultant). RECITALS WHEREAS, the City desires to obtain professional engineering services for the design of plans and general construction contract documents for wellhead treatment improvements at Pump Stations 177 and 185 (Project); and WHEREAS, the Consultant is engaged in the business of furnishing services as a Civil Engineer and hereby represents that it desires to and is professionally and legally capable of performing the services called for by this Agreement; and WHEREAS, the Consultant acknowledges that this Agreement is subject to the requirements of Fresno Municipal Code Section 4-107 and Administrative Order No. 6- 19; and WHEREAS, this Agreement will be administered for the City by its Director of Public Utilities (Director) or the Director’s designee. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and of the covenants, conditions, and promises hereinafter contained to be kept and performed by the respective parties, it is mutually agreed as follows: 1. Scope of Services and Completion Schedule. The Consultant shall perform the services described herein and in Exhibit A to complete the Project more fully described in Exhibit A, and this shall include all work incidental to, or necessary to perform, such services even though not specifically described in Exhibit A. The services of the Consultant shall consist of five parts as described below. A separate “Notice to Proceed” will be issued for each of the aforementioned parts. By entry into this Agreement and upon the City’s issuance of a written "Notice to Proceed," the City contracts for the services in Part One. The Consultant shall not perform any other part of the Agreement, and this Agreement shall not be a contract for any other part, until further performance is authorized by the City’s issuance of a written “Notice to Proceed.” It shall, however, remain the Consultant’s offer to perform all remaining parts described herein. In the event the Consultant performs services without the City’s prior written authorization, the Consultant will not be entitled to compensation for such services. (a) Part One. Schematic Design Phase. (1) The Consultant shall review the description of the Project set forth in Exhibit A and consult with designated representatives of the City to ascertain the requirements of the Project. (2) The Consultant shall complete a Basis of Design Report in accordance with the detailed minimum requirements set forth in Exhibit A. The DocuSign Envelope ID: 99ACD391-4EF3-4549-B945-102F14646200 DPU-S 9.3 /02-2021 -2- Basis of Design Report shall include sufficient detail for the design of the Project, to establish the preliminary sizing and layout of proposed facilities at the pump station and provide the engineer's opinion of associated captial and operational costs, and as necessary to obtain the acceptance of the City. The Consultant shall provide the City with an electronic file of the Basis of Design Report in the following format: .DOC and .PDF. (3) The Consultant shall conduct studies and investigations as necessary to confirm requirements of design including, but not limited to, (i) consulting with the various utility agencies, and (ii) obtaining all information and data from the respective responsible City department/division that is available in the City’s records and is required by the Consultant in connection with the consulting services including, but not limited to, maps, reports, information, restrictions and easements. (4) The Consultant shall provide a preliminary evaluation of the Project taking into consideration the City’s estimate of the cost of construction (Construction Budget) of $2,893,600, including alternative approaches to design and construction of the Project. (5) Based upon the mutually agreed upon Project requirements and any adjustments authorized by the City in the Construction Budget, the Consultant shall design and prepare schematic design drawings and other documents for review, modification, if required, and acceptance by City staff sufficient to show the concept and scope of the proposed Project and the scale and relationship of Project components. (6) The Consultant shall submit a preliminary estimate of construction cost for review and acceptance by the City. "Construction cost" means the cost of construction under the general construction contract and does not include the Consultant’s compensation. Such estimate shall include, and shall separately state, the cost of any add or deduct alternatives, the cost of any work which may be let on a segregated bid basis and any equipment or fixtures which may be incorporated in or excluded from the general construction contract as may be necessary to stay within the Construction Budget. (7) The Consultant shall make as many submittals as may be necessary or desirable to obtain the acceptance by the City and shall assist the City in applying for and obtaining from applicable public agencies any approval permit, or waiver required by law, which assistance shall include, but not be limited to, making Project information available to the City. (8) The Consultant may not rely upon any as-builts provided by the City, but shall investigate the existing conditions and ascertain the adequacy of such as-builts for the Consultant's design. The Consultant shall bring to the City's attention any discrepancies in the as-builts that are discovered by the Consultant. The City makes no representations regarding any as-builts. DocuSign Envelope ID: 99ACD391-4EF3-4549-B945-102F14646200 DPU-S 9.3 /02-2021 -3- (9) Services shall be undertaken and completed in a sequence assuring expeditious completion. All services shall be rendered and deliverables submitted within 150 calendar days from the issuance of a Notice to Proceed for this part unless an extension of time is approved in writing by the Director. Re- submittals, as necessary to obtain the acceptance by the City, shall be submitted to the City within 30 calendar days from receipt of the City’s comments unless an extension of time is approved in writing by the Director. (b) Part Two. Design Development Phase. After review and acceptance of the schematic design phase and issuance of a written Notice to Proceed with this Part Two: (1) Based upon the accepted schematic design documents and the Construction Budget, including authorized revisions thereto, the Consultant shall prepare for review and acceptance by the City the design development documents consisting of drawings and other documents to fix and describe the size and character of the Project as necessary to show treatment of significant details. In addition, the Consultant shall provide outline specifications of the work as to kinds of materials, systems, and other such design elements as may be required. Such design development documents and specifications shall be subject to review and acceptance by the City. (2) The Consultant shall submit a revised estimate of construction cost for review and acceptance by the City. The revised estimate shall include, but shall separately state, the cost of any add or deduct alternates, any work which may be let on a segregated bid basis, and any furnishings, equipment or fixtures which may be incorporated in or excluded from the general construction contract as may be necessary to stay within the Construction Budget, including authorized revisions thereto. (3) In the event that the revised estimate of construction cost exceeds the preliminary estimate of construction cost previously accepted, excluding therefrom any add alternate, any work which may be let on a segregated bid basis and any furnishing, equipment or fixtures which was identified in Part One as that which may be excluded from the general construction contract, the City shall have the option of accepting or rejecting the revised estimate and the Consultant shall, at no additional cost to the City, make such design changes as may be necessary to reduce the revised estimate so that it shall not exceed the preliminary estimate of construction cost previously accepted by the City. The City shall not increase the scope of the Project except by modification of this Agreement which shall include an agreed upon increase in the Consultant’s compensation. (4) The Consultant shall make as many submittals as may be necessary or desirable to obtain the acceptance by the City and shall assist the City in applying for and obtaining from applicable public agencies any approval, permit, or waiver required by law, which assistance shall include, but not be limited to, making Project information available to the City. (5) Services shall be undertaken and completed in a sequence assuring expeditious completion. All services shall be rendered and deliverables DocuSign Envelope ID: 99ACD391-4EF3-4549-B945-102F14646200 DPU-S 9.3 /02-2021 -4- submitted within 190 calendar days from the issuance of a Notice to Proceed for this part unless an extension of time is approved in writing by the Director. Re- submittals, as necessary to obtain the acceptance by the City, shall be submitted to the City within 30 calendar days from receipt of the City’s comments unless an extension of time is approved in writing by the Director. (c) Part Three. Construction Document Phase. After review and acceptance of the design development phase and issuance of a written Notice to Proceed with this Part Three: (1) The Consultant shall prepare from the accepted design development documents, detailed plans and specifications setting forth the complete work to be done, and the materials, workmanship, finishes and equipment, fixtures, and site work required. The Consultant shall also prepare necessary bidding information, general and special conditions of the general construction contract, technical specifications of the general construction contract, and the bid proposal and general construction contract forms. Such documents shall be subject to the review and acceptance by the City. The Consultant shall cooperate with, assist, and be responsive to, the City’s Purchasing Manager in preparation of all documents including, without limitation, slip-sheeting final documents for printing when requested. The City’s Standard Specifications must be used by the Consultant where possible. Final drawings shall be drawn, printed or reproduced by a process providing a permanent record in black on vellum, tracing cloth, polyester base film, or high quality bond copy. Bid, general conditions, contract and bond document forms or formats regularly used by the City shall be used by the Consultant unless the Director determines they would be impractical for this Project. The Consultant shall be responsible for assuring that the special conditions, technical specifications and any other documents prepared by the Consultant are consistent with any documents regularly used by the City that are used for this Project. (2) Upon request of the City, the Consultant shall provide the calculations used to determine the general construction contract quantities; and structural calculations for the purpose of obtaining any building permits. (3) The Consultant shall make as many submittals as may be necessary or desirable to obtain the acceptance by the City and shall assist the City in applying for and obtaining from applicable public agencies any approval, permit, report, statement, or waiver required by law, which assistance shall include, but not be limited to, making Project information available to the City. 4) The Consultant shall provide the City with 5 sets of completed plans and 5 sets of completed specifications for review and final acceptance by the City. Should the plans and specifications as submitted by the Consultant not be accepted by the City, the Consultant shall revise the plans and specifications as needed to obtain final acceptance at no additional cost to the City. (5) After acceptance of final corrections, if any, the Consultant shall provide the City with one set of accepted reproducible tracings and bid documents for the Project. In addition, the Consultant shall provide the City with DocuSign Envelope ID: 99ACD391-4EF3-4549-B945-102F14646200 DPU-S 9.3 /02-2021 -5- one complete set of CAD/System disk files of drawings and complete disk files of specifications in the following format: .DWG .DOC, and .PDF. (6) The Consultant shall submit a final estimate of construction cost for review and acceptance by the City. Such estimate shall be calculated as of the date all general construction contract documents are delivered to the City in final form ready for reproduction and advertising. Such estimate shall include, but shall separately state, the cost of any add or deduct alternates, any work which may be let on a segregated basis, and any equipment, or fixtures which may be incorporated in or excluded from the general construction contract. (7) In the event that the final estimate of construction cost exceeds the revised estimate of construction cost previously accepted, excluding therefrom any add alternate, any work which may be let on a segregated bid basis and any furnishings, equipment or fixtures which was identified in the final revised estimate in Part Two as that which may be excluded from the general construction contract, the City shall have the option of accepting or rejecting the final estimate. If the City elects to reject the final estimate, the Consultant shall at no additional cost to the City, make such design changes as may be necessary to reduce the final estimate so that it shall not exceed the revised estimate of construction cost previously accepted by the City. (8) Services shall be undertaken and completed in a sequence assuring expeditious completion. All services shall be rendered and deliverables submitted within 50 calendar days from the issuance of a Notice to Proceed for this part unless an extension of time is approved in writing by the Director. Re- submittals, as necessary to obtain the acceptance by the City, shall be submitted to the City within 20 calendar days from receipt of the City’s comments unless an extension of time is approved in writing by the Director. (d) Part Four. Bidding Phase. After review and acceptance of the construction document phase, the City’s decision to proceed to bid shall constitute a written Notice to Proceed with this Part Four: (1) The Consultant shall assist the City in obtaining bids. The Consultant shall not communicate with potential bidders regarding this Project without the express prior written authorization of the City’s Purchasing Manager. (2) Upon request of the City, the Consultant shall expeditiously draft addenda as determined by the City to be reasonable or necessary for the bidding process. (3) If the lowest responsible bid received for the general construction contract exceeds by 10% or more the final estimate of construction cost previously accepted by the City, excluding therefrom any add alternate, any work which may be let on a segregated bid basis and any furnishings, equipment or fixtures which are excluded from the general construction contract, the Consultant shall, within fourteen days of any request by the City, revise the plans and specifications as may be necessary to stay within 10% of such final estimate of construction cost, at no additional cost to the City provided such bid is received DocuSign Envelope ID: 99ACD391-4EF3-4549-B945-102F14646200 DPU-S 9.3 /02-2021 -6- within 180 calendar days after completion of services in Section 1(c) of this Agreement. The Consultant shall also submit such revised plans and specifications, together with a new final estimate of construction cost, to the City for review and acceptance. This procedure, using the latest accepted final estimate of construction cost, shall, upon written notice to the Consultant from the Director, be repeated until an acceptable bid is received that does not exceed the accepted final estimate of construction cost by more than 10%. (e) Part Five. Construction Phase and General Construction Contract Administration. The construction phase will begin with the award of the general construction contract, which shall constitute a written Notice to Proceed with this Part Five, and will terminate when a Notice of Completion is filed. Upon award of a general construction contract for the Project and under the direction of the Director through the City’s designated Construction Manager for the Project: (1) The Consultant shall attend the pre-construction conference and, if called upon by the City, act on the City’s behalf in discussing the various aspects of the construction phase. (2) The Consultant shall review and recommend in writing to the City acceptance or non-acceptance of shop drawings, equipment and material submittals of the general construction contractor as required by the general construction contract and applicable laws and regulations in a timely manner. The period for the Consultant review shall be as specified in the general construction contract, except if such period is not so specified, the period shall be as determined in the pre-construction conference as mutually agreed upon by the City, the Consultant and the general construction contractor. (3) The Consultant shall, at intervals appropriate to the state of construction, familiarize itself with the progress and quality of the work and determine in general if the work is proceeding in accordance with the general construction contract documents, and keep the City informed of the progress of the work. In the event that the Consultant’s visit to the site results in the discovery of any defect or deficiencies in the work of the general construction contractor, the Consultant shall immediately advise the City and document, in writing, the work the Consultant deems substandard, and make recommendations where appropriate to reject any work not conforming to the intended design or specifications. Based on the Consultant’s best knowledge, information and belief, the Consultant shall provide the City a general written assurance that the work covered by a payment application meets the standards in the general construction contract. As to technical aspects, the Consultant shall provide a written judgment of the acceptability of the work for payment applications and final acceptance, subject to the City’s right to overrule the Consultant. (4) Upon written request by the City, the Consultant shall render interpretations of the general construction contract documents necessary for the proper execution or progress of the work. (5) Upon written request by the City, the Consultant shall render written recommendations on change orders, claims, disputes or other questions DocuSign Envelope ID: 99ACD391-4EF3-4549-B945-102F14646200 DPU-S 9.3 /02-2021 -7- arising out of the general construction contract, in a timely manner. Recommendations by the Consultant in favor of a change order that is consequently accepted by the City shall constitute approval by the Consultant who shall then approve the change order in writing. The Consultant shall not unreasonably withhold written approval in the event the City accepts a change order that the Consultant recommended to be rejected. In the event of any technical disputes, the Consultant shall provide the City with the Consultant’s written interpretation of the contract documents. The period for the Consultant review shall be as specified in the general construction contract, except if such period is not so specified, the period shall be as determined in the pre-construction conference as mutually agreed upon by the City, the Consultant and the general construction contractor. If the City, the Consultant and the respective general construction contractor are unable to mutually agree on such period for the Consultant review, then the City will make the determination and that determination will be final. (6) Upon written request by the City, the Consultant shall provide such design and specification services as may be requested by the City to implement change orders necessary for clarification or interpretation of the general construction contract documents or which may have resulted from errors or omissions by the Consultant. (7) Where change orders arise as a result of an increase in the scope of work or are due to unforeseeable conditions, the parties may modify this Agreement, which modification shall include an agreed upon increase in the Consultant’s compensation. (8) Upon written request of the City, the Consultant shall assist the City in the preparation of Progress Payment Estimates and other related construction reports. (9) The Consultant shall provide the City with two sets of original as-grade plans wet-stamped and signed by the Consultant’s Engineer of Record for the Project submitted for final approval by the City’s Building and Safety Services Division of the Development and Resource Management Department. (10) The Consultant shall prepare Record Drawings by updating the accepted general construction documents in Part Three to reflect all changes or deviations that occurred during construction as reflected on or from each of the following: (i) the general construction contractor provided red-lined plans, (ii) those furnished by the City, (iii) the Consultant provided Request for Information responses, and (iv) any the Consultant bulletins, amendments or clarifications. The Consultant shall provide the City with one set of vellum Record Drawings for the Project within 10 calendar days from receipt of red-lined field markups unless an extension of time is approved in writing by the Director. Re- submittals, as necessary to obtain the acceptance by the City, shall be submitted to the City within 10 calendar days from receipt of the City comments unless an extension of time is approved in writing by the Director. In addition, the Consultant DocuSign Envelope ID: 99ACD391-4EF3-4549-B945-102F14646200 DPU-S 9.3 /02-2021 -8- shall provide the City with one complete set of CAD/System disk files of Record Drawings in the following format: .DWG and .PDF. 2. The City’s responsibilities. The City will: (a) Provide, upon request and cooperation of the Consultant, access to, and make all provisions necessary to, enter upon public or private lands as required for the Consultant to perform such services and inspections as are required in development of the Project; provided, however, if the City is unable to obtain access to enter upon public or private lands, the Consultant shall not be relieved from performing its services as to those public and private lands that are accessible. (b) Manage and be responsible for all negotiations with owners in connection with land or easement acquisition and provide all required title reports and appraisals. (c) With the exception of preparing correspondence required for design, hold all required special meetings, serve all public and private notices, receive and act upon all protests, and perform all services customarily performed by owners as are necessary for the orderly progress of the work and the successful completion of the Project, and pay all costs incidental thereto. (d) Select the testing laboratory and pay the cost of borings, samplings, and other work involved in soils testing during construction. (e) Conduct onsite inspection during construction to check quality and quantity of work as conditions warrant and be responsible for assuring that the general construction contractor carries out all construction work in accordance with the plans and specifications. However, this does not release the Consultant from its responsibility to make periodic site visits under Section 1(e) for the purpose of observing the work to determine its general conformity with the plans and specifications and reporting its findings to the City. (f) Prepare all change orders during construction in cooperation with the Consultant. (g) Prepare all Progress Payment Estimates in cooperation with the Consultant following its general assurance that the work covered by a payment application meets the standards in the general construction contract documents based upon the Consultant’s best knowledge, information and belief. (h) Pay, or cause to be paid, plan check fees, conditional use permit fees and site plan review fees. (i) Arrange for and pay, or cause to be paid, any fees associated with Environmental Impact Reports or Statements. (j) Give reasonably prompt consideration to all matters submitted by the Consultant for acceptance to the end that there will be no substantial delays in the Consultant’s program of work. For an acceptance, approval, authorization, a request or any direction to the Consultant to be binding upon the City under the terms of this Agreement, such acceptance, approval, authorization, request or direction must be in writing, duly authorized by the City and signed on behalf of the City by the Director. DocuSign Envelope ID: 99ACD391-4EF3-4549-B945-102F14646200 DPU-S 9.3 /02-2021 -9- 3. Compensation. (a) The Consultant’s sole compensation for satisfactory performance of all services required or rendered pursuant to this Agreement shall be a total fee not to exceed $309,045, paid on a time and materials basis in accordance with the schedule of fees contained in Exhibit A, and a contingency amount not to exceed $30,000 for any additional work rendered pursuant to Subsection (d) below and authorized in writing by the Director. (b) Detailed statements shall be rendered monthly and will be payable in the normal course of City business. Such statements shall be for an amount no greater than that attributable to the part upon which the Consultant is then engaged as provided in Section 3(c) below. The City shall not be obligated to reimburse any expense for which it has not received a detailed invoice with applicable copies of representative and identifiable receipts or records substantiating such expense. (c) For purposes of determining the division of the total compensation to the Consultant as provided in Section 3(a) above, or should performance of any succeeding part not be authorized by the City as provided in Section 1 of this Agreement, it is agreed that the total compensation shall be allocated to the five parts of the Consultant’s performance as follows: Part One – 20%, Part Two – 50%, Part Three - 10%, Part Four – 5% and Part Five – 15%. Prior to the award of a general construction contract for the Project, or should such contract not be awarded, the approved parts as provided above shall be utilized for purposes of determining the fee due to the Consultant. (d) The parties may modify this Agreement to increase or decrease the scope of services or provide for the rendition of services not required by this Agreement, which modification shall include an adjustment to the Consultant’s compensation. Any change in the scope of services must be made by written amendment to the Agreement signed by an authorized representative for each party. The Consultant shall not be entitled to any additional compensation if services are performed prior to a signed written amendment. Subsequent to the date of completion of Part Three, changes due to Code revisions or enactments adopted after such date shall constitute additional work subject to this Section 3(d). 4. Termination, Remedies, Force Majeure, and Consolidation of Disputes. (a) This Agreement shall terminate without any liability of the City to the Consultant upon the earlier of: (i) the Consultant’s filing for protection under the federal bankruptcy laws, or any bankruptcy petition or petition for receiver commenced by a third party against the Consultant; (ii) seven calendar days prior written notice with or without cause by the City to the Consultant; (iii) the City’s non-appropriation of funds sufficient to meet its obligations hereunder during any City fiscal year of this Agreement, or insufficient funding for the Project; or (iv) expiration of this Agreement. (b) Immediately upon any termination or expiration of this Agreement, the Consultant shall (i) immediately stop all work hereunder; (ii) immediately cause any and all of its subcontractors to cease work; and (iii) return to the City any and all unearned payments and all properties and materials in the possession of the Consultant that are owned by the City. Subject to the terms of this Agreement, the Consultant shall be paid DocuSign Envelope ID: 99ACD391-4EF3-4549-B945-102F14646200 DPU-S 9.3 /02-2021 -10- owned by the City. Subject to the terms of this Agreement, the Consultant shall be paid compensation for services satisfactorily performed prior to the effective date of termination. The Consultant shall not be paid for any work or services performed or costs incurred which reasonably could have been avoided. (c) In the event of termination due to failure of the Consultant to satisfactorily perform in accordance with the terms of this Agreement, the City may withhold an amount that would otherwise be payable as an offset to, but not in excess of, the City’s damages caused by such failure. In no event shall any payment by the City pursuant to this Agreement constitute a waiver by the City of any breach of this Agreement which may then exist on the part of the Consultant, nor shall such payment impair or prejudice any remedy available to the City with respect to the breach. (d) Upon any breach of this Agreement by the Consultant, the City may (i) exercise any right, remedy (in contract, law or equity), or privilege which may be available to it under applicable laws of the State of California or any other applicable law; (ii) proceed by appropriate court action to enforce the terms of the Agreement; and/or (iii) recover all direct, indirect, consequential, economic and incidental damages for the breach of the Agreement. If it is determined that the City improperly terminated this Agreement for default, such termination shall be deemed a termination for convenience. (e) The Consultant shall provide the City with adequate written assurances of future performance, upon the request of the Director, or designee, in the event the Consultant fails to comply with any terms or conditions of this Agreement. (f) The Consultant shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Consultant and without its fault or negligence such as, acts of God or the public enemy, acts of the City in its contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Consultant shall notify the Director, or designee, in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, and shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Director, or designee, of the cessation of such occurrence. (g) The Consultant agrees that, notwithstanding any contrary provision in this Agreement, any dispute arising from or relating to this Agreement (including, without limitation, disputes based on contract, tort, equity or statute) may, at the City’s option, be joined and consolidated with any other dispute or disputes arising from or relating to the Project so that all disputes arising from or relating to the Project may be resolved in a single proceeding. The Consultant hereby specifically waives any objection it may otherwise have to such joinder and consolidation and specifically consents to mediation, arbitration or any other dispute resolution mechanism, forum or proceeding necessary to effectuate the joinder and consolidation contemplated by this provision. 5. Confidential Information, Ownership of Documents and Copyright License. (a) Any reports, information, or other data prepared or assembled by the Consultant pursuant to this Agreement shall not be made available to any individual or organization by the Consultant without the prior written approval of the City. During the DocuSign Envelope ID: 99ACD391-4EF3-4549-B945-102F14646200 DPU-S 9.3 /02-2021 -11- term of this Agreement, and thereafter, the Consultant shall not, without the prior written consent of the City, disclose to anyone any Confidential Information. The term “Confidential Information” for the purposes of this Agreement shall include all proprietary and confidential information of the City, including but not limited to business plans, marketing plans, financial information, designs, drawings, specifications, materials, compilations, documents, instruments, models, source or object codes and other information disclosed or submitted, orally, in writing, or by any other medium or media. All Confidential Information shall be and remain confidential and proprietary in the City. (b) Any and all original sketches, pencil tracings of working drawings, plans, computations, specifications, computer disk files, writings and other documents prepared or provided by the Consultant pursuant to this Agreement are the property of the City at the time of preparation and shall be turned over to the City upon expiration or termination of the Agreement or default by the Consultant. The Consultant grants the City a copyright license to use such drawings and writings. The Consultant shall not permit the reproduction or use thereof by any other person except as otherwise expressly provided herein. The City may modify the design including any drawings or writings. Any use by the City of the aforesaid sketches, tracings, plans, computations, specifications, computer disk files, writings and other documents in completed form as to other projects or extensions of this Project, or in uncompleted form, without specific written verification by the Consultant will be at the City’s sole risk and without liability or legal exposure to the Consultant. The Consultant may keep a copy of all drawings and specifications for its sole and exclusive use. (c) If the Consultant should subcontract all or any portion of the services to be performed under this Agreement, the Consultant shall cause each subcontractor to also comply with the requirements of this Section 5. (d) This Section 5 shall survive expiration or termination of this Agreement. 6. Professional Skill. It is further mutually understood and agreed by and between the parties hereto that inasmuch as the Consultant represents to the City that the Consultant and its subcontractors, if any, are skilled in the profession and shall perform in accordance with the standards of said profession necessary to perform the services agreed to be done by it under this Agreement, the City relies upon the skill of the Consultant and any subcontractors to do and perform such services in a skillful manner and the Consultant agrees to thus perform the services and require the same of any subcontractors. Therefore, any acceptance of such services by the City shall not operate as a release of the Consultant or any subcontractors from said professional standards. 7. Indemnification. To the furthest extent allowed by law, including California Civil Code section 2782.8, the Consultant shall indemnify, hold harmless and defend the City and each of its officers, officials, employees, agents, and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage), and from any and all claims, demands and actions in law or equity (including reasonable attorney's fees and litigation expenses) that arise out of, pertain to, or relate DocuSign Envelope ID: 99ACD391-4EF3-4549-B945-102F14646200 DPU-S 9.3 /02-2021 -12- to the negligence, recklessness or willful misconduct of the Consultant, its principals, officers, employees, agents, or volunteers in the performance of this Agreement. If the Consultant should subcontract all or any portion of the services to be performed under this Agreement, the Consultant shall require each subcontractor to indemnify, hold harmless, and defend the City and each of its officers, officials, employees, agents, and volunteers in accordance with the terms of the preceding paragraph. This section shall survive termination or expiration of this Agreement. 8. Insurance. (a) Throughout the life of this Agreement, the Consultant shall pay for and maintain in full force and effect all insurance as required in Exhibit B, which is incorporated into and part of this Agreement, with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated no less than “A-VII” in the Best’s Insurance Rating Guide, or (ii) as may be authorized in writing by the City's Risk Manager or designee at any time and in its sole discretion. The required policies of insurance as stated in Exhibit B shall maintain limits of liability of not less than those amounts stated therein. However, the insurance limits available to the City, its officers, officials, employees, agents, and volunteers as additional insureds, shall be the greater of the minimum limits specified therein or the full limit of any insurance proceeds to the named insured. (b) If at any time during the life of the Agreement or any extension, the Consultant or any of its subcontractors/sub-consultants fail to maintain any required insurance in full force and effect, all services and work under this Agreement shall be discontinued immediately, and all payments due or that become due to the Consultant shall be withheld until notice is received by the City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to the City. Any failure to maintain the required insurance shall be sufficient cause for the City to terminate this Agreement. No action taken by the City pursuant to this section shall in any way relieve the Consultant of its responsibilities under this Agreement. The phrase “fail to maintain any required insurance” shall include, without limitation, notification received by the City that an insurer has commenced proceedings, or has had proceedings commenced against it, indicating that the insurer is insolvent. (c) The fact that insurance is obtained by the Consultant shall not be deemed to release or diminish the liability of the Consultant, including, without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify the City shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of the Consultant, its principals, officers, agents, employees, persons under the supervision of the Consultant, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them. DocuSign Envelope ID: 99ACD391-4EF3-4549-B945-102F14646200 DPU-S 9.3 /02-2021 -13- (d) If the Consultant should subcontract all or any portion of the services to be performed under this Agreement, the Consultant shall require each subcontractor/sub-consultant to provide insurance protection, as an additional insured, to the City and each of its officers, officials, employees, agents, and volunteers in accordance with the terms of this section, except that any required certificates and applicable endorsements shall be on file with the Consultant and the City prior to the commencement of any services by the subcontractor. The Consultant and any subcontractor/sub-consultant shall establish additional insured status for the City, its officers, officials, employees, agents, and volunteers by using Insurance Service Office (ISO) Form CG 20 10 11 85 or both CG 20 10 10 01 and CG 20 37 10 01 or by an executed manuscript company endorsement providing additional insured status as broad as that contained in ISO Form CG 20 10 11 85. 9. Conflict of Interest and Non-Solicitation. (a) Prior to the City’s execution of this Agreement, the Consultant shall complete a City of Fresno conflict of interest disclosure statement in the form as set forth in Exhibit C. During the term of this Agreement, the Consultant shall have the obligation and duty to immediately notify the City in writing of any change to the information provided by the Consultant in such statement. (b) The Consultant shall comply, and require its subcontractors to comply, with all applicable (i) professional canons and requirements governing avoidance of impermissible client conflicts; and (ii) federal, state and local conflict of interest laws and regulations including, without limitation, California Government Code Section 1090 et. seq., the California Political Reform Act (California Government Code Section 87100 et. seq.), the regulations of the Fair Political Practices Commission concerning disclosure and disqualification (2 California Code of Regulations Section 18700 et. seq.) and Section 4-112 of the Fresno Municipal Code (Ineligibility to Compete). At any time, upon written request of the City, the Consultant shall provide a written opinion of its legal counsel and that of any subcontractor that, after a due diligent inquiry, the Consultant and the respective subcontractor(s) are in full compliance with all laws and regulations. The Consultant shall take, and require its subcontractors to take, reasonable steps to avoid any appearance of a conflict of interest. Upon discovery of any facts giving rise to the appearance of a conflict of interest, the Consultant shall immediately notify the City of these facts in writing. (c) In performing the work or services to be provided hereunder, the Consultant shall not employ or retain the services of any person while such person either is employed by the City or is a member of any City council, commission, board, committee, or similar City body. This requirement may be waived in writing by the City Manager, if no actual or potential conflict is involved. (d) The Consultant represents and warrants that it has not paid or agreed to pay any compensation, contingent or otherwise, direct or indirect, to solicit or procure this Agreement or any rights/benefits hereunder. (e) Neither the Consultant, nor any of the Consultant’s subcontractors performing any services on this Project, shall bid for, assist anyone in the preparation of a bid for, or perform any services pursuant to, any other contract in connection with this DocuSign Envelope ID: 99ACD391-4EF3-4549-B945-102F14646200 DPU-S 9.3 /02-2021 -14- Project. The Consultant and any of its subcontractors shall have no interest, direct or indirect, in any other contract with a third party in connection with this Project unless such interest is in accordance with all applicable law and fully disclosed to and approved by the City Manager, in advance and in writing. (f) If the Consultant should subcontract all or any portion of the work to be performed or services to be provided under this Agreement, the Consultant shall include the provisions of this Section 9 in each subcontract and require its subcontractors to comply therewith. (g) This Section 9 shall survive expiration or termination of this Agreement. 10. Recycling Program. In the event the Consultant maintains an office or operates a facility(ies), or is required herein to maintain or operate same, within the incorporated limits of the City of Fresno, the Consultant at its sole cost and expense shall: (a) Immediately establish and maintain a viable and ongoing recycling program, approved by the City’s Solid Waste Management Division, for each office and facility. Literature describing the City recycling programs is available from the City’s Solid Waste Management Division and by calling City of Fresno Recycling Hotline at (559) 621- 1111. (b) Immediately contact the City’s Solid Waste Management Division at (559) 621-1452 and schedule a free waste audit, and cooperate with such Division in their conduct of the audit for each office and facility. (c) Cooperate with and demonstrate to the satisfaction of the City’s Solid Waste Management Division the establishment of the recycling program in paragraph (i) above and the ongoing maintenance thereof. 11. General Terms. (a) Except as otherwise provided by law, all notices expressly required of the City within the body of this Agreement, and not otherwise specifically provided for, shall be effective only if signed by the Director, or designee. (b) Records of the Consultant’s expenses pertaining to the Project shall be kept on a generally recognized accounting basis and shall be available to the City or its authorized representatives upon request during regular business hours throughout the life of this Agreement and for a period of three years after final payment or, if longer, for any period required by law. In addition, all books, documents, papers, and records of the Consultant pertaining to the Project shall be available for the purpose of making audits, examinations, excerpts, and transcriptions for the same period of time. If any litigation, claim, negotiations, audit or other action is commenced before the expiration of said time period, all records shall be retained and made available to the City until such action is resolved, or until the end of said time period whichever shall later occur. If the Consultant should subcontract all or any portion of the services to be performed under this Agreement, the Consultant shall cause each subcontractor to also comply with the requirements of this paragraph. This Section 11(b) shall survive expiration or termination of this Agreement. DocuSign Envelope ID: 99ACD391-4EF3-4549-B945-102F14646200 DPU-S 9.3 /02-2021 -15- (c) Prior to execution of this Agreement by the City, the Consultant shall have provided evidence to the City that the Consultant is licensed to perform the services called for by this Agreement (or that no license is required). If the Consultant should subcontract all or any portion of the work or services to be performed under this Agreement, the Consultant shall require each subcontractor to provide evidence to the City that subcontractor is licensed to perform the services called for by this Agreement (or that no license is required) before beginning work. (d) The Consultant’s services pursuant to this Agreement shall be provided under the supervision of Henry Liang, PE, and shall not assign another to supervise the Consultant’s performance of this Agreement without the prior written approval of the Director. 12. Nondiscrimination. To the extent required by controlling federal, state and local law, the Consultant shall not employ discriminatory practices in the provision of services, employment of personnel, or in any other respect on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Subject to the foregoing and during the performance of this Agreement, the Consultant agrees as follows: (a) The Consultant will comply with all applicable laws and regulations providing that no person shall, on the grounds of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity made possible by or resulting from this Agreement. (b) The Consultant will not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. The Consultant shall ensure that applicants are employed, and the employees are treated during employment, without regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Such requirement shall apply to the Consultant’s employment practices including, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provision of this nondiscrimination clause. (c) The Consultant will, in all solicitations or advertisements for employees placed by or on behalf of the Consultant in pursuit hereof, state that all qualified applicants will receive consideration for employment without regard to race, religious creed, color, national origin, ancestry, physical disability, mental disability, DocuSign Envelope ID: 99ACD391-4EF3-4549-B945-102F14646200 DPU-S 9.3 /02-2021 -16- medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. (d) The Consultant will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice advising such labor union or workers' representatives of the Consultant’s commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (e) If the Consultant should subcontract all or any portion of the services to be performed under this Agreement, the Consultant shall cause each subcontractor to also comply with the requirements of this Section 12. 13. Independent Contractor. (a) In the furnishing of the services provided for herein, the Consultant is acting solely as an independent contractor. Neither the Consultant, nor any of its officers, agents, or employees shall be deemed an officer, agent, employee, joint venturer, partner, or associate of the City for any purpose. The City shall have no right to control or supervise or direct the manner or method by which the Consultant shall perform its work and functions. However, the City shall retain the right to administer this Agreement so as to verify that the Consultant is performing its obligations in accordance with the terms and conditions thereof. (b) This Agreement does not evidence a partnership or joint venture between the Consultant and the City. The Consultant shall have no authority to bind the City absent the City’s express written consent. Except to the extent otherwise provided in this Agreement, the Consultant shall bear its own costs and expenses in pursuit thereof. (c) Because of its status as an independent contractor, the Consultant and its officers, agents, and employees shall have absolutely no right to employment rights and benefits available to City employees. The Consultant shall be solely liable and responsible for all payroll and tax withholding and for providing to, or on behalf of, its employees all employee benefits including, without limitation, health, welfare and retirement benefits. In addition, together with its other obligations under this Agreement, the Consultant shall be solely responsible, indemnify, defend and save the City harmless from all matters relating to employment and tax withholding for and payment of the Consultant's employees, including, without limitation, (i) compliance with Social Security and unemployment insurance withholding, payment of workers’ compensation benefits, and all other laws and regulations governing matters of employee withholding, taxes and payment; and (ii) any claim of right or interest in City employment benefits, entitlements, programs and/or funds offered employees of the City whether arising by reason of any common law, de facto, leased, or co-employee rights or other theory. It is acknowledged that during the term of this Agreement, the Consultant may be providing services to others unrelated to the City or to this Agreement. 14. Notices. Any notice required or intended to be given to either party under the terms of this Agreement shall be in writing and shall be deemed to be duly given if delivered personally, transmitted by facsimile followed by telephone confirmation of receipt, or sent by United States registered or certified mail, with postage prepaid, return DocuSign Envelope ID: 99ACD391-4EF3-4549-B945-102F14646200 DPU-S 9.3 /02-2021 -17- 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 party’s respective heirs, successors, assigns, transferees, agents, servants, employees, and representatives. 16. Assignment. (a) This Agreement is personal to the Consultant and there shall be no assignment by the Consultant of its rights or obligations under this Agreement without the prior written approval of the City Manager or designee. Any attempted assignment by the Consultant, its successors or assigns, shall be null and void unless approved in writing by the City Manager or designee. (b) The Consultant hereby agrees not to assign the payment of any monies due the Consultant from the City under the terms of this Agreement to any other individual(s), corporation(s) or entity(ies). The City retains the right to pay any and all monies due the Consultant directly to the Consultant. 17. Compliance With Law. In providing the services required under this Agreement, the Consultant shall at all times comply with all applicable laws of the United States, including but not limited to, the Americans with Disabilities Act (42 U.S.C. §§ 12101 et seq.), the State of California and the City, and with all applicable regulations promulgated by federal, state, regional, or local administrative and regulatory agencies, now in force and as they may be enacted, issued, or amended during the term of this Agreement. 18. Waiver. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. No provisions of this Agreement may be waived unless in writing and signed by all parties to this Agreement. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein. 19. Governing Law and Venue. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California, excluding, however, any conflict of laws rule which would apply the law of another jurisdiction. Venue for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any rights and duties hereunder shall be Fresno County, California. 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. DocuSign Envelope ID: 99ACD391-4EF3-4549-B945-102F14646200 DPU-S 9.3 /02-2021 -18- 22. Interpretation. The parties acknowledge that this Agreement in its final form is the result of the combined efforts of the parties and that, should any provision of this Agreement be found to be ambiguous in any way, such ambiguity shall not be resolved by construing this Agreement in favor of or against either party, but rather by construing the terms in accordance with their generally accepted meaning. 23. Attorney's Fees. If either party is required to commence any proceeding or legal action to enforce or interpret any term, covenant or condition of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorney's fees and legal expenses. 24. Exhibits. Each exhibit and attachment referenced in this Agreement is, by the reference, incorporated into and made a part of this Agreement. 25. Precedence of Documents. In the event of any conflict between the body of this Agreement and any exhibit or attachment hereto, the terms and conditions of the body of this Agreement shall control and take precedence over the terms and conditions expressed within the exhibit or attachment. Furthermore, any terms or conditions contained within any exhibit or attachment hereto which purport to modify the allocation of risk between the parties, provided for within the body of this Agreement, shall be null and void. 26. Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity. 27. No Third Party Beneficiaries. The rights, interests, duties and obligations defined within this Agreement are intended for the specific parties hereto as identified in the preamble of this Agreement. Notwithstanding anything stated to the contrary in this Agreement, it is not intended that any rights or interests in this Agreement benefit or flow to the interest of any third parties. 28. Extent of Agreement. Each party acknowledges that they have read and fully understand the contents of this Agreement. This Agreement represents the entire and integrated agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be modified only by written instrument duly authorized and executed by both the City and the Consultant. [Signatures follow on next page.] DocuSign Envelope ID: 99ACD391-4EF3-4549-B945-102F14646200 DPU-S 9.3 /02-2021 -19- IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno, California, the day and year first above written. CITY OF FRESNO, A California municipal corporation By: Michael Carbajal, Director Department of Public Utilities ATTEST: YVONNE SPENCE, MMC CRM City Clerk By: Deputy No signature of City Attorney required. Standard Document #DPU-S 9.3/02-2021 has been used without modification, as certified by the undersigned. By: Anita Luera Supervising Engineering Technician Michael K. Nunley & Associates, 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: Addresses: CITY: City of Fresno Attention: Anita Luera, Supervising Engineering Technician 2101 G Street, Building A Fresno, CA 93706 Phone: (559) 621-1625 Facsimile: (559) 498-4126 E-mail: Anita.Luera@Fresno.Gov CONSULTANT: Michael K. Nunley & Associates, Inc. Attention: Michael K. Nunley, CEO/President PO Box 1604 Arroyo Grande, CA 93421 Phone: 805-904-6530 Facsimile: 805-904-6532 E-mail: mnunley@mknassociates.us Attachments: 1. Exhibit A - Scope of Services 2. Exhibit B - Insurance Requirements 3. Exhibit C - Conflict of Interest Disclosure Form DocuSign Envelope ID: 99ACD391-4EF3-4549-B945-102F14646200 C61801 Professional Civil Engineer CEO/President January 26, 2001 4/6/2021 Michael K Nunley 4/6/2021 Yvonne Spence Page 1 SCOPE OF SERVICES Consultant Service Agreement between City of Fresno (City) and MKN & Associates, Inc. (Consultant) Wellhead Treatment Improvements at Pump Stations 177 and 185 Task Group 1A – PM and Basis of Design (Schematic Design Phase) – PS 177 Task 1.1A - Project Kickoff, Project Management and Quality Assurance/Quality Control Upon issuance of the Notice to Proceed for PS 177, the Consultant will schedule a kickoff and meet with City staff to gain input regarding the City’s schedules, water system operations, and existing facilities. Following the meeting, the Consultant will conduct a detailed well site audit and schedule a meeting with DDW to discuss the proposed project at PS 177. A separate Notice to Proceed will be issued for PS 185 at a later time. The PS 177 and PS 185 projects will follow the Contract documents on a separate timeline for each site. The Consultant’s project manager will coordinate Consultant and subconsultant activities and participate in meetings throughout the project. Consultant will arrange for attendees, prepare and distribute agendas, and conduct coordination meetings throughout the duration of the project. Consultant will prepare monthly progress reports summarizing the key activities performed, upcoming work, schedule updates, and possible cost and schedule impacts (if any). Consultant will also develop and maintain an action-items/decisions made log throughout the duration of the project. The log will document action-items and decisions made throughout the project and track key information such as responsible party, due date, task completion date, etc. In accordance with Consultant’s Quality Management System, all project deliverables will be reviewed by qualified principal level reviewers to ensure Consultant work products meet the requirements of the executed scope of services and stipulated requirements of the City. Deliverables Meeting Agendas and Minutes Monthly Progress Reports Action Items Log Task 1.2A - Basis of Design Report The report will state the design criteria and project constraints, present preliminary facility sizing and layout information, and include budgetary capital and operational cost opinions. The report will present the following information: Water quality history of PS 177 including any additional water quality testing recommended by Consultant and conducted during the preparation of the report (there are current and/or previous concerns of carbon dioxide, corrosive water, and TCP). Proposed treatment options to address water quality concerns. Evaluation of existing treatment facilities and proposed options for modifications to the systems that will improve the overall system effectiveness and efficiency (treatment facilities currently exist on site for corrosion mitigation). Water quality treatment goals for the treatment systems and operational parameters. Description of miscellaneous piping, valving, metering, and drainage control structures. DocuSign Envelope ID: 99ACD391-4EF3-4549-B945-102F14646200 Page 2 Establishment of necessary clearances for operational and maintenance activities (i.e., media and equipment replacements, backwashing operations, compliance sampling events, etc.). A description of electrical requirements including site lighting and security and a process schematic including alarms and telemetry system for remote operation and data logging. General description of walkways, driveways, surfacing, landscaping, walls, and miscellaneous construction needs. Identification of site constraints and the most appropriate mitigation measures (including associated costs). Identification of building setbacks required by approved City of Fresno Development Department Conditional Use Permit issued for PS 177 Integrated aesthetics with the surrounding environment and minimized public visibility (i.e., recessed facility foundations). Impacts to the City distribution system and operations. Impacts to the City sewer and/or FMFCD storm collection systems. Identification of overhead and underground utilities and restrictions (i.e., power, communication, water, and sewer utilities). Description of other site improvements to be included in the design Evaluation of site security, lighting for low-visibility conditions, and operator safety. Layout of the recommended treatment equipment on the well site. Engineer’s estimate of probable construction, operations, and maintenance costs. Design and construction schedule, lead times for equipment and phasing options. Evaluation of associated and stakeholder permitting requirements. Consultant will submit the draft report for the City’s review and comment. Consultant’s project manager and project engineer will attend a draft report review meeting with City staff to address comments and discuss the next steps in the project. Consultant will incorporate comments received from the City into the Final Basis of Design Report and submit the final report to the City. Deliverables Draft Basis of Design Report (5 loose-leaf hardcopies, electronic MS Word .DOC and Adobe .PDF files) Final Basis of Design Report (3 bound hardcopies, electronic MS Word .DOC and Adobe .PDF files) Task 1.3A - Topographic and Boundary Survey Consultant's surveying subconsultant, Yamabe and Horn, will provide a topographic and boundary survey for PS 177 and 185. While it is understood that the design of the treatment system at PS 177 will begin prior to the treatment system design at PS 185, surveys of both project sites will be performed under Task Group 1A – PS 177 to expedite the design of the PS 185 treatment system following the issuance of a Notice to Proceed for Task 1.2B (Basis of Design Report for PS 185). The purpose of the survey will be to provide a base map to scale for the design of the on-site treatment systems. All survey coordinates shall be on NAD83 California Zone 4 state plane DocuSign Envelope ID: 99ACD391-4EF3-4549-B945-102F14646200 Page 3 coordinate system. All survey elevations shall be based on the National Geodetic Vertical Datum of 1929 (NGVD29) using established City of Fresno benchmarks near the respective sites.” Location of underground utilities between surface features (e.g., manholes) will rely on available record drawings from the City, FMFCD, FID, PG&E, AT&T, COMCAST, and other utility providers in the area. Deliverables Topographic Surveys (electronic AutoCAD .DWG files) Task 1.4A - Geotechnical Investigation A geotechnical investigation to obtain foundation and retaining wall design criteria for the treatment equipment will be performed by Consultant for PS 177 and 185. While it is understood that the design of the treatment system at PS 177 will begin prior to the treatment system design at PS 185, soil borings of both project sites will be performed under Task Group 1A – PS 177 to expedite the design of the PS 185 treatment system following the issuance of a Notice to Proceed for Task 1.2B (Basis of Design Report for PS 185). A geotechnical analysis will be performed to establish structural design parameters, property, and design constraints for wellhead treatment facilities at each project site. In coordination with the pressure-vessel system supplier(s) to obtain specified dimensions and weights of the equipment, geotechnical analyses will be performed immediately to establish design parameters for reinforced concrete foundations of each treatment system. The Geotechnical Engineering Investigation Report will include the geotechnical engineer’s findings, analysis, conclusions, and recommendations for project design. Deliverables Geotechnical Engineering Investigation Reports (2 hardcopies, electronic Adobe .PDF files) Task 1.5A - Environmental Planning Consultant’s environmental subconsultant, LSA, will provide complete CEQA services for the proposed project at PS 177. Based on the RFQ issued by the City for the proposed project, LSA believes that an addendum to the previously-adopted IS/MND would be the appropriate CEQA document for this project. The addendum would be consistent with CEQA Guidelines Sections 15162 and 15164. Depending on the final design of the proposed project, it may be determined that the proposed project is categorically exempt from CEQA. If it determined that the proposed project is categorically exempt and is consistent with CEQA Guidelines Section 15301, LSA would revise the scope of work and cost estimate. Deliverables Final CEQA addendum or exemption documentation (10 hardcopies, electronic Adobe .PDF file) Task Group 1B – PM and Basis of Design (Schematic Design Phase) – PS 185 Task 1.1B - Project Kickoff, Project Management and Quality Assurance/Quality Control Upon issuance of the Notice to Proceed for PS 185, the Consultant will schedule a kickoff and meet with City staff to gain input regarding the City’s schedules, water system operations, and DocuSign Envelope ID: 99ACD391-4EF3-4549-B945-102F14646200 Page 4 existing facilities. Following the meeting, the Consultant will conduct a detailed well site audit and schedule a meeting with DDW to discuss the proposed project at PS 185. The Consultant’s project manager will coordinate Consultant and subconsultant activities and participate in meetings throughout the project. Consultant will arrange for attendees, prepare and distribute agendas, and conduct coordination meetings throughout the duration of the project. Consultant will prepare monthly progress reports summarizing the key activities performed, upcoming work, schedule updates, and possible cost and schedule impacts (if any). Consultant will also develop and maintain an action-items/decisions made log throughout the duration of the project. The log will document action-items and decisions made throughout the project and track key information such as responsible party, due date, task completion date, etc. In accordance with Consultant’s Quality Management System, all project deliverables will be reviewed by qualified principal level reviewers to ensure Consultant work products meet the requirements of the executed scope of services and stipulated requirements of the City. Deliverables Meeting Agendas and Minutes Monthly Progress Reports Action Items Log Task 1.2B - Basis of Design Report The report will state the design criteria and project constraints, present preliminary facility sizing and layout information, and include budgetary capital and operational cost opinions. The report will present the following information: Water quality history of PS 185 including any additional water quality testing recommended by Consultant and conducted during the preparation of the report (there are current and/or previous concerns of entrained air, carbon dioxide, corrosive water, DBCP, and TCP). Proposed treatment options to address water quality concerns. Evaluation of existing treatment facilities and proposed options for modifications to the systems that will improve the overall system effectiveness and efficiency (e.g., modification of the existing deaeration tank vs. installation of low-profile air stripping towers to remove carbon dioxide, replacement of the existing split case booster pump with a canned booster pump, reconfiguration of GAC system to run in series and/or addition of new vessels, etc.). Water quality treatment goals for the treatment systems and operational parameters. Description of miscellaneous piping, valving, metering, and drainage control structures. Establishment of necessary clearances for operational and maintenance activities (i.e., media and equipment replacements, backwashing operations, compliance sampling events, etc.). A description of electrical requirements including site lighting and security and a process schematic including alarms and telemetry system for remote operation and data logging. General description of walkways, driveways, surfacing, landscaping, walls, and miscellaneous construction needs. Identification of site constraints and the most appropriate mitigation measures (including associated costs). DocuSign Envelope ID: 99ACD391-4EF3-4549-B945-102F14646200 Page 5 Identification of building setbacks required by approved City of Fresno Development Department Conditional Use Permit issued for PS 185. Integrated aesthetics with the surrounding environment and minimized public visibility (i.e., recessed facility foundations). Impacts to the City distribution system and operations. Impacts to the City sewer and/or FMFCD storm collection systems. Identification of overhead and underground utilities and restrictions (i.e., power, communication, water, and sewer utilities). Description of other site improvements to be included in the design (i.e., relocation of the existing deaeration tank and booster pump at PS 185). Evaluation of site security, lighting for low-visibility conditions, and operator safety. Layout of the recommended treatment equipment on the well site. Engineer’s estimate of probable construction, operations, and maintenance costs. Design and construction schedule, lead times for equipment and phasing options. Evaluation of associated and stakeholder permitting requirements. Consultant will submit the draft report for the City’s review and comment. Consultant’s project manager and project engineer will attend a draft report review meeting with City staff to address comments and discuss the next steps in the project. Consultant will incorporate comments received from the City into the Final Basis of Design Report and submit the final report to the City. Deliverables Draft Basis of Design Report (5 loose-leaf hardcopies, electronic MS Word .DOC and Adobe .PDF files) Final Basis of Design Report (3 bound hard-copies, electronic MS Word .DOC and Adobe .PDF files) Task 1.3B - Environmental Planning Consultant’s environmental subconsultant, LSA, will provide complete CEQA services for the proposed project at PS 185. Based on the RFQ issued by the City for the proposed project, LSA believes that an addendum to the previously-adopted IS/MND would be the appropriate CEQA document for this project. The addendum would be consistent with CEQA Guidelines Sections 15162 and 15164. Depending on the final design of the proposed project, it may be determined that the proposed project is categorically exempt from CEQA. If it determined that the proposed project is categorically exempt and is consistent with CEQA Guidelines Section 15301, LSA would revise the scope of work and cost estimate. Deliverables Final CEQA addendum or exemption documentation (10 hardcopies, electronic Adobe .PDF file) DocuSign Envelope ID: 99ACD391-4EF3-4549-B945-102F14646200 Page 6 Task Group 2A – Design Development Phase – PS 177 Task 2.1A - 60% Plans, Specifications, and Cost Estimate Consultant will prepare 60% construction plans; specifications components including bid proposal items and quantities, explanation of bid items, and technical specifications; and an engineer’s cost opinion for the construction of the treatment system at PS 177. Technical specifications will be developed in 2014 CSI format and plans will be prepared in AutoCAD. The City will review the contents of each submittal and provide comments for incorporation into subsequent submittals. The following design components are anticipated to be included in the plans and specifications for construction: Cover sheet, legends, notes Conditional Use Permit Site Plan, Landscape Plan, and Elevation Plan (Revision to currently approved Conditional Use Permit Plans) Demolition plans Civil site improvement and grading plans Treatment equipment and recessed pit foundations Process piping and valves Site electrical and lighting Plant control, monitoring, telemetry, and alarm systems Title 24 energy and lighting calculations Deliverables Bid proposal items and quantities, explanation of bid items (electronic MS Word .DOC files) 60% technical specifications (electronic MS Word .DOC files) Engineer’s opinion of probable construction cost Task 2.2A - 90% Plans, Specifications, and Cost Estimate Consultant will incorporate City 60% review comments and develop the 60% plans, specifications components, and estimates to the 90% design level. Consultant will also prepare final stamped and signed structural calculations and Title 24 energy and lighting calculations. The City will assemble the bid specifications by incorporating the bid proposal items and quantities, explanation of bid items, and technical specifications into the City’s standard front-end bidding documents. Consultant will submit original signed and stamped 90% plans, structural calculations, and Title 24 energy and lighting calculations to the City Building & Safety Department for plan check using the online FAASTER system. The City will coordinate with Public Works’ Construction Management Division for review and approval of the plans and specifications. Consultant will be responsible for coordinating with FMFCD, FID, and other agencies as may be required for review and approval. The City will coordinate and pay for all permitting and plan check fees. Deliverables 90% stamped and signed plans (electronic Adobe .PDF files) Stamped and signed structural calculations (electronic Adobe .PDF files) Stamped and signed Title 24 energy and lighting calculations (electronic Adobe .PDF files) DocuSign Envelope ID: 99ACD391-4EF3-4549-B945-102F14646200 Page 7 Bid proposal items and quantities, explanation of bid items (electronic MS Word .DOC files) 90% technical specifications (electronic MS Word .DOC files) Engineer’s opinion of probable construction cost Task Group 2B – Design Development Phase – PS 185 Task 2.1B - 60% Plans, Specifications, and Cost Estimate Consultant will prepare 60% construction plans; specifications components including bid proposal items and quantities, explanation of bid items, and technical specifications; and an engineer’s cost opinion for the construction of the treatment system at PS 185. Technical specifications will be developed in 2014 CSI format and plans will be prepared in AutoCAD. The City will review the contents of each submittal and provide comments for incorporation into subsequent submittals. The following design components are anticipated to be included in the plans and specifications for construction: Cover sheet, legends, notes Conditional Use Permit Site Plan, Landscape Plan, and Elevation Plan (Revision to currently approved Conditional Use Permit Plans) Demolition plans Civil site improvement and grading plans Treatment equipment and recessed pit foundations Process piping and valves Site electrical and lighting Plant control, monitoring, telemetry, and alarm systems Title 24 energy and lighting calculations Deliverables 60% plans (electronic AutoCAD .DWG. and Adobe .PDF files) Bid proposal items and quantities, explanation of bid items (electronic MS Word .DOC files) 60% technical specifications (electronic MS Word .DOC files) Engineer’s opinion of probable construction cost Task 2.2B - 90% Plans, Specifications, and Cost Estimate Consultant will incorporate City 60% review comments and develop the 60% plans, specifications components, and estimates to the 90% design level. Consultant will also prepare final stamped and signed structural calculations and Title 24 energy and lighting calculations. The City will assemble the bid specifications by incorporating the bid proposal items and quantities, explanation of bid items, and technical specifications into the City’s standard front-end bidding documents. Consultant will submit original signed and stamped 90% plans, structural calculations, and Title 24 energy and lighting calculations to the City Building & Safety Department for plan check using the online FAASTER system. The City will coordinate with Public Works’ Construction Management Division for review and approval of the plans and specifications. Consultant will be DocuSign Envelope ID: 99ACD391-4EF3-4549-B945-102F14646200 Page 8 responsible for coordinating with FMFCD, FID, and other agencies as may be required for review and approval. The City will coordinate and pay for all permitting and plan check fees. Deliverables 90% stamped and signed plans (electronic Adobe .PDF files) Stamped and signed structural calculations (electronic Adobe .PDF files) Stamped and signed Title 24 energy and lighting calculations (electronic Adobe .PDF files) Bid proposal items and quantities, explanation of bid items (electronic MS Word .DOC files) 90% technical specifications (electronic MS Word .DOC files) Engineer’s opinion of probable construction cost Task Group 3A – Construction Document Phase – PS 177 Task 3.1A - Final Plans, Specifications, and Cost Estimate Consultant will incorporate review comments from City, Building & Safety, Construction Management, and all other agencies, and develop the final plans, specifications components, and estimates. Consultant will complete the back check process to obtain Building & Safety Department approval. Deliverables Final Building & Safety approved plans (electronic Adobe .PDF files) Final stamped and signed structural calculations (electronic Adobe .PDF) Final stamped and signed Title 24 energy and lighting calculations (electronic Adobe .PDF) Final bid specifications (electronic MS Word .DOC and Adobe .PDF files) Final estimates Task Group 3B – Construction Document Phase – PS 185 Task 3.1B - Final Plans, Specifications, and Cost Estimate Consultant will incorporate review comments from City, Building & Safety, Construction Management, and all other agencies, and develop the final plans, specifications components, and estimates. Consultant will complete the back check process to obtain Building & Safety Department approval. Deliverables Final Building & Safety approved plans (electronic Adobe .PDF files) Final stamped and signed structural calculations (electronic Adobe .PDF) Final stamped and signed Title 24 energy and lighting calculations (electronic Adobe .PDF) Final bid specifications (electronic MS Word .DOC and Adobe .PDF files) Final estimates DocuSign Envelope ID: 99ACD391-4EF3-4549-B945-102F14646200 Page 9 Task Group 4A – Bidding and Construction Support Services – PS 177 Task 4.1A - Bid Phase Support The City will coordinate with appropriate departments to advertise the plans and bid specifications. Consultant will attend a pre-bid meeting and provide to the City written responses to bidder questions through the bid period. Consultant will prepare and provide conformed plans and specifications incorporating any changes resulting from the bid period. Deliverables Addenda, RFI responses, and clarifications as needed Conformed plans (electronic AutoCAD .DWG. and Adobe .PDF files) Conformed specifications (electronic MS Word .DOC and Adobe .PDF files) Task Group 4B – Bidding and Construction Support Services – PS 185 Task 4.1B - Bid Phase Support The City will coordinate with appropriate departments to advertise the plans and bid specifications. Consultant will attend a pre-bid meeting and provide to the City written responses to bidder questions through the bid period. Consultant will prepare and provide conformed plans and specifications incorporating any changes resulting from the bid period. Deliverables Addenda, RFI responses, and clarifications as needed Conformed plans (electronic AutoCAD .DWG. and Adobe .PDF files) Conformed specifications (electronic MS Word .DOC and Adobe .PDF files) Task Group 5A – Construction Phase and General Contract Administration – PS 177 Task 5.1A - Engineering Services During Construction Consultant proposes to perform the following tasks for the PS 177 project during project construction: Attend one preconstruction meeting. Review shop drawings and submittals from the contractors in accordance with the construction contract documents (this scope of work includes up to 48 hours of engineering time for reviewing submittals). Respond to requests for information from the contractor (this scope of work includes up to 20 hours of engineering time for reviewing RFIs). Make up to four visits to the construction site to determine, in general, if the work is proceeding in accordance with the construction contract documents and notify the City accordingly. The construction contractor will be held entirely responsible for maintaining on-site safety during all phases of the work. Consultant will coordinate with the City’s on- site field representative. Site walk-through with Construction Management Inspector to develop and provide Engineer’s Punchlist for correction and/or completion. DocuSign Envelope ID: 99ACD391-4EF3-4549-B945-102F14646200 Page 10 Conduct as-graded survey to verify surface drainage as required and prepare as-graded survey plan. Prepare and submit as-built drawings based on Contractor field record drawings. Deliverables As-graded plan (electronic AutoCAD .DWG. and Adobe .PDF files) As-built plans (electronic AutoCAD .DWG. and Adobe .PDF files) Corrective punchlist Task 5.2A - Startup and Testing Support Consultant will serve as the start-up and commissioning liaison coordinating with the DDW and Contractor to develop and implement start-up, commissioning, and operations plans for the PS 177 treatment system. Consultant will coordinate with and provide start-up and commissioning observation services to assist the City with the monitoring and acceptance of the operational testing of various components of the treatment vessels. Consultant will be on-site during the system start-up and testing and prepare a punchlist based on unfinished work observed. Deliverables Punchlist Operations plan (electronic Adobe .PDF files) Task Group 5B – Construction Phase and General Contract Administration – PS 185 Task 5.1B - Engineering Services During Construction Consultant proposes to perform the following tasks for the PS 185 project during project construction: Attend one preconstruction meeting. Review shop drawings and submittals from the contractors in accordance with the construction contract documents (this scope of work includes up to 48 hours of engineering time for reviewing submittals). Respond to requests for information from the contractor (this scope of work includes up to 20 hours of engineering time for reviewing RFIs). Make up to four visits to the construction site to determine, in general, if the work is proceeding in accordance with the construction contract documents and notify the City accordingly. The construction contractor will be held entirely responsible for maintaining on-site safety during all phases of the work. Consultant will coordinate with the City’s on- site field representative. Site walk-through with Construction Management Inspector to develop and provide Engineer’s Punchlist for correction and/or completion. Conduct as-graded survey to verify surface drainage as required and prepare as-graded survey plan. Prepare and submit as-built drawings based on Contractor field record drawings. DocuSign Envelope ID: 99ACD391-4EF3-4549-B945-102F14646200 Page 11 Deliverables As-graded plan (electronic AutoCAD .DWG. and Adobe .PDF files) As-built plans (electronic AutoCAD .DWG. and Adobe .PDF files) Corrective punchlist Task 5.2B - Startup and Testing Support Consultant will serve as the start-up and commissioning liaison coordinating with the DDW and Contractor to develop and implement start-up, commissioning, and operations plans for the PS 185 treatment system. Consultant will coordinate with and provide start-up and commissioning observation services to assist the City with the monitoring and acceptance of the operational testing of various components of the treatment vessels. Consultant will be on-site during the system start-up and testing and prepare a punchlist based on unfinished work observed. Deliverables Punchlist Operations plan (electronic Adobe .PDF files) Additional Services While not included in our initial Scope of Services, Consultant’s Fresno office is well-qualified to perform the following additional services if requested by the City and following an amendment to the agreement for professional services. At this time, we do not anticipate that these services will be required to complete the preliminary design phase of this project. Bench and/or pilot testing of treatment technologies Utility potholing Value engineering studies Assistance with pre-purchasing equipment, including preparation of separate bid packages DocuSign Envelope ID: 99ACD391-4EF3-4549-B945-102F14646200 FEE SCHEDULE FOR PROFESSIONAL SERVICES MKN & Associates, Inc. 8405 N. Fresno Street Fresno, CA 93720 559 500 4750 ENGINEERS AND TECHNICAL SUPPORT STAFF Project Director $225/HR Operations Manager $212/HR Principal Engineer $197/HR Senior Project Engineer $186/HR Project Engineer/ Senior Scientist $164/HR Senior Water Resource Planner $164/HR Water Resource Planner $150/HR GIS Specialist $144/HR Assistant Engineer II $141/HR Assistant Engineer I $120/HR GIS Technician $120/HR Supervising Drafter $145/HR Drafting/Design Technician II $135/HR Drafting/Design Technician I $110/HR Administrative Assistant $80/HR Engineering Intern $65/HR Routine office expenses such as computer usage, software licenses and fees, telephone charges, office equipment and supplies, incidental postage, copying, and faxes are included as a 3% fee on labor cost. DIRECT PROJECT EXPENSES Outside Reproduction Cost + 10% Subcontracted or Subconsultant Services Cost + 10% Travel & Subsistence (other than mileage) Cost Auto Mileage Current IRS Rate ‐ $.58/mi. DocuSign Envelope ID: 99ACD391-4EF3-4549-B945-102F14646200 2021 PROFESSIONAL RATE SCHEDULE Expert Research Testimony and Depositions-------------------------------------------------------------------------------$325.00 per hour Principal Electrical Engineer--------------------------------------------------------------------------------------------------------$235.00 per hour Professional Engineer-----------------------------------------------------------------------------------------------------------------$200.00 per hour E.I.T.------------------------------------------------------------------------------------------------------------------------------------------$180.00 per hour Field Tech./Designer/IT Programmer---------------------------------------------------------------------------------------------$160.00 per hour Cad/Drafting Technician--------------------------------------------------------------------------------------------------------------$122.00 per hour Clerical---------------------------------------------------------------------------------------------------------------------------------------$ 85.00 per hour 1.0) PERSONNEL TRAVEL TIME, WHEN AUTHORIZED, WILL BE BILLED ON THE ABOVE HOURLY RATES. PERSONNEL TRAVEL TIME ON SATURDAY, SUNDAY AND HOLIDAYS WILL BE BILLED ON THE ABOVE HOURLY RATES TIMES 150%. 2.0) ADDITIONAL EXPENSES BELOW, WHEN AUTHORIZED, WILL BE TABULATED AND BILLED AS AN EXTRA COST: TRAVEL OUTSIDE A 60 MILE RADIUS OF THE FRESNO OFFICE OF ELECTRICAL POWER SYSTEMS, INC. (EPS), MEALS AND LODGING WHILE TRAVELING, TRANSPORTATION/PARKING (FULL SIZE AUTO). PRINTING OTHER THAN NORMAL DESIGN COORDINATION PLANS, SPECIFICATIONS, AND REPORTS, EXCESSIVE LONG DISTANCE TELEPHONE CHARGES OUTSIDE THE 559 AREA CODE, OR ANY OTHER UNORDINARY EXPENSE NECESSARY TO COMPLETE OUR WORK. MILEAGE IS CHARGED AT $0.80 PER MILE WHEN PERSONAL CARS ARE USED. OUTSIDE PRINTING AND SHIPPING EXPENSES WILL BE BILLED AT COST PLUS 10%, AND FAX TRANSMISSIONS WILL BE BILLED AT $1.00 PER PAGE. 3.0) FEES FOR EXPERT TESTIMONY AT DEPOSITION, ARBITRATION, MEDIATION, OR TRAIL ARE BASED ON A NORMAL EIGHT HOUR DAY, WITH NORMAL MORNING, NOON AND AFTERNOON RECESSES. SAID FEES WILL BE APPLIED AT THE BEGINNING OF THE SCHEDULED APPEARANCE TIME, AND WILL INCLUDE ALL “OFF-THE-RECORD” TIME OR WAITING TIME, WHETHER TESTIMONY IS ACTUALLY GIVEN OR NOT. A MINIMUM DAILY WITNESS APPEARANCE FEE OF $1,800.00 WILL BE APPLIED TO ANY SCHEDULED APPEARANCE AS A WITNESS IN ANY GEOGRAPHIC LOCATION REQUIRING ABSENCE FROM FRESNO, CALIFORNIA FOR AN ENTIRE DAY. THIS INCLUDES STANDBY OR WAITING TIME FOR ANY APPEARANCE AS AN EXPERT WITNESS IN ANY GEOGRAPHICAL LOCATION. TERMS OF PAYMENT REGARDING EXPERT WITNESS TESTIMONY SHALL BE AS SET FORTH AND STATED IN SECTIONS 2034(I)(2) OF THE CALIFORNIA CODE OF CIVIL PROCEDURES AND 68092.5 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA, EVEN THOUGH SAID STATUTES MAY NOT BE EFFECTIVE OR APPLICABLE IN ANY OTHER GEOGRAPHICAL AREA. ANY PARTY(IES) DESIGNATION AN EMPLOYEE OF EPS AS AN EXPERT WITNESS WILL PAY THE AFOREMENTIONED EXPERT WITNESS FEES. REGARDLESS OF STIPULATION OR COURT ORDER TO THE CONTRARY OF THE FEES STATED ABOVE. THOSE SIGNATORY TO THE PROFESSIONAL SERVICES CONTRACT TO WHICH THIS RATE SCHEDULE IS ATTACHED TO WILL AGREE TO PAY ANY WITNESS FEES NORMALLY PAID BY A NOTICING ATTORNEY OR ENTITY, NOT PAID BY SAID NOTICING ATTORNEY OR ENTITY WITHIN THE TIME LIMITS AS SET FORTH IN THE AFOREMENTIONED STATE OF CALIFORNIA CODE SECTIONS REGARDING EXPERT WITNESS FEES. 4.0) IT IS OUR POLICY TO REQUEST FROM OUR CLIENTS, PERMISSION TO INCUR ANY ADDITIONAL EXPENSE TO OUR STATED FEE BEFORE THE ADDED CHARGE IS INCURRED. 5.0) EPS RESERVES THE RIGHT TO CHANGE THE ABOVE 2021 RATES AND EXPENSES FOR UNFORESEEN MANDATED GOVERNMENTAL AND INSURANCE INCREASES TO OUR OVERHEAD. THANK YOU AND IF YOU HAVE ANY QUESTIONS, PLEASE CALL. ELECTRICAL POWER SYSTEMS, INC. JOSEPH P. PREVENDAR, P.E., PRESIDENT DocuSign Envelope ID: 99ACD391-4EF3-4549-B945-102F14646200 M ARCH 2021 S CHEDULE OF S TANDARD C ONTRACT P ROVISIONS AND B ILLING R ATES L:\CORP\Contract rev 030921.docx «03/09/21» 4 HOURLY BILLING RATES EFFECTIVE JUNE 2020 Job Classification Hourly Rate Range1,2 Planning Environmental Transportation Air/Noise Cultural/ Paleontological Resources Biology GIS Principal Principal Principal Principal Principal Principal Principal $175–390 Associate Associate Associate Associate Associate Associate Associate $125–245 Senior Planner Senior Environmental Planner Senior Transportation Planner/Engineer Senior Air Quality/Noise Specialist Senior Cultural Resources Manager/ Paleontologist Senior Biologist/ Botanist/Wildlife Biologist/Ecologist/ Soil Scientist/ Herpetologist/ Arborist Senior GIS Specialist $115–220 Planner Environmental Planner Transportation Planner/Engineer Air Quality/ Noise Specialist/ Climate Change Specialist Cultural Resources Manager Archaeologist/ Architectural Historian/ Paleontologist Biologist/Botanist/ Wildlife Biologist/ Ecologist/Soil Scientist/ Herpetologist/ Arborist GIS Specialist $85–150 Assistant Planner Assistant Environmental Planner Assistant Transportation Planner/Engineer Air Quality/ Noise Analyst Cultural Resources Analyst Assistant Biologist/ Botanist/Wildlife Biologist/Ecologist/ Soil Scientist/ Herpetologist/ Arborist Assistant GIS Specialist $85–100 Field Services Senior Field Crew/Field Crew $80–100 Office Services Graphics $115–150 Marketing $75–125 Office Assistant $65–115 Project Assistant $70–145 Research Assistant/Intern $50–80 Word Processing/Technical Editing $95–125 1 The hourly rate for work involving actual expenses in court (e.g., giving depositions or similar expert testimony) will be billed at $400 per hour regardless of job classifications. 2 Hourly rates are subject to review at least annually, on or about June 1 of each year, and may be adjusted to reflect changing labor costs at LSA’s discretion at that time. LSA IN-HOUSE DIRECT COSTS EFFECTIVE MARCH 20211 Description Unit Cost Description Unit Cost Reproduction (8.5 x 11) B/W $0.07 per page Total Station Surveying Instrument $50.00 per day Reproduction (8.5 x 11) Color $0.40 per page Level (Laser or Optical) $25.00 per day Reproduction (11 x 17) B/W $0.10 per page Laser Rangefinder $25.00 per day Reproduction (11 x 17) Color $0.75 per page Sound Meter $75.00 per day CD Production $5.00 per CD Sound Meter with Velocity Transducer $85.00 per day USB Flash Drive $5.00 per drive Aerial Photo Cost Plotting $3.75 per sq ft Boat Rental $125.00 per day Aerial Drone $200.00 per day Water Quality Meter $25.00 per day Mileage On-Road Current federal rate Night Vision Goggles $50.00 per unit per night Mileage Off-Road Current federal rate Wildlife Camera $25.00 per day GPS Unit $75.00 per day 1 Direct costs shall be reimbursed at cost plus 10 percent. DocuSign Envelope ID: 99ACD391-4EF3-4549-B945-102F14646200 P a g e | 1 Billing Rates BILLING RATES EFFECTIVE THROUGH DECEMBER 31, 2021 CLASSIFICATION BILLING RATE SENIOR STRUCTURAL ENGINEER $120.00 PER HOUR SENIOR PROFESSIONAL ENGINEER $120.00 PER HOUR STRUCTURAL ENGINEER $110.00 PER HOUR PROFESSIONAL ENGINEER $ 90.00 PER HOUR ENGINEER-IN-TRAINING II (EIT II) $ 75.00 PER HOUR ENGINEER-IN-TRAINING III (EIT III) $ 65.00 PER HOUR STRUCTURAL DRAFTER $ 60.00 PER HOUR PROJECT ADMINISTRATOR $ 60.00 PER HOUR DocuSign Envelope ID: 99ACD391-4EF3-4549-B945-102F14646200 SAN JOSE, CA | STOCKTON, CA | FRESNO, CA | BAKERSFIELD, CA | RANCHO CUCAMONGA, CA DALLAS, TX | DENVER, CO | CHARLESTON, SC GENERAL FEE SCHEDULE FOR PROFESSIONAL & TECHNICAL SERVICES Professional and Office Staff Staff Type Rate/Cost Principal Engineer .................................................................................................................................... $175.00/hour Registered Senior Geotechnical/Structural Engineer ................................................................................ $165.00/hour Certified Engineering Geologist/Hydrogeologist ..................................................................................... $155.00/hour Registered Senior Engineer ...................................................................................................................... $155.00/hour Registered Engineer .................................................................................................................................. $150.00/hour Registered Senior Geologist ..................................................................................................................... $145.00/hour Registered Geologist ................................................................................................................................. $135.00/hour Certified Asbestos Inspector/Manager ...................................................................................................... $125.00/hour Project Engineer/Manager ........................................................................................................................ $125.00/hour Qualified SWPPP Developer (QSD) ........................................................................................................ $125.00/hour Qualified SWPPP Practitioner (QSP) ....................................................................................................... $115.00/hour Project Geologist ...................................................................................................................................... $115.00/hour Field Engineer/Geologist .......................................................................................................................... $115.00/hour Environmental Specialist .......................................................................................................................... $110.00/hour Staff Engineer/Geologist........................................................................................................................... $110.00/hour Project Administration & Analysis ............................................................................................................. $95.00/hour CAD Operator/Drafting .............................................................................................................................. $75.00/hour Inspectors and Technicians (Non-Prevailing Wage Rates) Staff Type Rate/Cost Engineering Technician I/Inspector I (ACI and Nuclear Gauge Technicians) ........................................... $79.00/hour Engineering Technician II/Inspector II (ICC Certified Special Inspectors) ............................................... $89.00/hour Senior Engineering Technician/Inspector (AWS/NDT Special Inspectors) ............................................... $95.00/hour Laboratory Technician ................................................................................................................................ $55.00/hour Pick-up and Delivery of Test Specimens .................................................................................................... $79.00/hour Inspectors and Technicians (Northern California Prevailing Wage Rates) Staff Type Rate/Cost Group I - Engineering Technician/Inspector ............................................................................................ $120.00/hour Group II - Engineering Technician/Inspector ........................................................................................... $115.00/hour Group III - Engineering Technician/Inspector .......................................................................................... $105.00/hour Group IV - Engineering Technician/Inspector ........................................................................................... $95.00/hour Pick-up and Delivery of Test Specimens .................................................................................................... $95.00/hour Inspectors and Technicians (Southern California Prevailing Wage Rates) Staff Type Rate/Cost Group I - Engineering Technician/Inspector ............................................................................................ $130.00/hour Group II - Engineering Technician/Inspector ........................................................................................... $135.00/hour Group III - Engineering Technician/Inspector .......................................................................................... $140.00/hour Pick-up and Delivery of Test Specimens .................................................................................................. $250.00/hour DocuSign Envelope ID: 99ACD391-4EF3-4549-B945-102F14646200 2021 Standard Fee Schedule Page No. 2 Exploratory and Field Testing Equipment Description Rate/Cost CME 45 Drill Rig with Operator and Helper (Non-Prevailing Wage Rate) ............................................. $175.00/hour CME 55 Drill Rig with Operator and Helper (Non-Prevailing Wage Rate) ............................................. $195.00/hour CME 75 Drill Rig with Operator and Helper (Non-Prevailing Wage Rate) ............................................. $215.00/hour CME 45 Drill Rig with Operator and Helper (California Prevailing Wage Rate) .................................... $275.00/hour CME 55 Drill Rig with Operator and Helper (California Prevailing Wage Rate) .................................... $295.00/hour CME 75 Drill Rig with Operator and Helper (California Prevailing Wage Rate) .................................... $275.00/hour Field Engineer/Geologist (Non-Prevailing Wage Rate) ........................................................................... $115.00/hour Field Engineer/Geologist (California Prevailing Wage Rate) .................................................................. $135.00/hour Diamond Bit Coring Rig, Generator, and Operator (Non-Prevailing Wage Rate) ................................... $225.00/hour Diamond Bit Coring Rig, Generator, and Operator (California Prevailing Wage Rate) .......................... $275.00/hour Portable Drilling Equipment with Operator .............................................................................................. $300.00/hour Bucket Auger Drill Rig with Operator ..................................................................................................... $325.00/hour Field Truck with Equipment ........................................................................................................................ $65.00/day Hand Held Turbidity Meter ......................................................................................................................... $25.00/day Skidmore-Wilhelm Machine........................................................................................................................ $90.00/day Schmidt Hammer ......................................................................................................................................... $40.00/day Torque Wrench ............................................................................................................................................ $35.00/day Single Hydraulic Ram Proof-Load Testing Equipment ............................................................................... $95.00/day Double Hydraulic Ram Proof-Load Testing Equipment ........................................................................... $125.00/day Floor Slab Vapor Emission Test Kit ........................................................................................................... $45.00/each Floor Slab Relative Humidity Test Kit ....................................................................................................... $75.00/each Floor Flatness and Levelness Machine ..................................................................................................... $250.00/hour Hand Held pH Meter.................................................................................................................................... $25.00/day Aggregate Tests Description Rate/Cost ASTM C131 Abrasion, Los Angeles Rattler ............................................................................................ $350.00/each ASTM C40 Organic Impurities in Fine Agg .............................................................................................. $95.00/each ASTM D4791 Flat & Elongated Particles ................................................................................................ $185.00/each ASTM D5821 Percent Fractured Particles ............................................................................................... $145.00/each ASTM C566 Moisture Content by Drying ................................................................................................. $35.00/each ASTM C117 Materials Finer than No. 200 ................................................................................................ $85.00/each ASTM C289 Alkali Silica Reaction ......................................................................................................... $550.00/each ASTM D2419 Sand Equivalent Value ...................................................................................................... $115.00/each ASTM C136 Sieve Analysis-Combined Sample ...................................................................................... $135.00/each ASTM C136 Sieve Analysis-Fine Aggregate ........................................................................................... $125.00/each ASTM C136 Sieve Analysis-Coarse Aggregate ....................................................................................... $125.00/each ASTM C88 Soundness by Sodium Sulfate ............................................................................................... $125.00/each ASTM C127 Specific Gravity of Coarse Agg .......................................................................................... $115.00/each ASTM C128 Specific Gravity of Fine Agg ................................................................................................ $85.00/each Soil Tests Description Rate/Cost ASTM D4318 Plasticity Index of Soils .................................................................................................... $195.00/each ASTM D1883 CA Bearing Ratio of Soils ................................................................................................ $650.00/each ASTM D2435 Consolidation .................................................................................................................... $225.00/each ASTM D2435 Consolidation, with Time Rate ......................................................................................... $250.00/each ASTM D3080 Direct Shear, Consolidated and Drained ........................................................................... $215.00/each ASTM D4829 Expansion Index of Soils .................................................................................................. $195.00/each DocuSign Envelope ID: 99ACD391-4EF3-4549-B945-102F14646200 2021 Standard Fee Schedule Page No. 3 Soil Tests (Con’t) Description Rate/Cost ASTM D2166 Unconfined Comp Strength ................................................................................................ $95.00/each ASTM D2434 Constant Head Permeability Test...................................................................................... $225.00/each ASTM D5084 Falling Head/Flexible Wall Permeability Test (1” to 4”) ................................................. $325.00/each ASTM D5084 Falling Head/Flexible Wall Permeability Test (6”) .......................................................... $450.00/each ASTM D5084 Falling Head/Flexible Wall Permeability Test (12”) ........................................................ $750.00/each ASTM D5333 Hydro-Collapse Potential .................................................................................................. $200.00/each ASTM D422 Hydrometer Analysis .......................................................................................................... $115.00/each ASTM D854 Specific Gravity of Soils ..................................................................................................... $195.00/each ASTM 4546 Swell Potential ..................................................................................................................... $195.00/each ASTM D2216 Soil Moisture Content by Mass........................................................................................... $10.00/each ASTM D698 Maximum Density Std Effort.............................................................................................. $175.00/each ASTM D1557 Max Density Optimum Moisture ...................................................................................... $175.00/each ASTM D4972 pH and Sulfate Content of Soils.......................................................................................... $75.00/each ASTM D2844 R-Value & Expansion Pressures ....................................................................................... $295.00/each ASTM D2419 Sand Equivalent ................................................................................................................ $115.00/each ASTM D422 Sieve Analysis of Soils ....................................................................................................... $125.00/each ASTM D1140 Materials Finer than #200 ................................................................................................... $85.00/each Asphalt Tests Description Rate/Cost ASTM D2726 Core Density (SSD) ............................................................................................................ $45.00/each ASTM D1188 Core Density (Paraffin Coated) .......................................................................................... $55.00/each ASTM D6926 Lab Max Density Marshall Method .................................................................................. $290.00/each ASTM D6927 Marshall Stability and Flow .............................................................................................. $195.00/each ASTM D1561 LTMD Kneading Compactor ............................................................................................ $255.00/each ASTM D1560 Hveem Stability ................................................................................................................ $290.00/each ASTM D1560 Hveem Stability and Density ............................................................................................ $325.00/each ASTM D2041 Maximum Theoretical Density ......................................................................................... $295.00/each ASTM D6307 Asphalt Content by Ignition .............................................................................................. $160.00/each ASTM D6307 Ignition Oven Calibration ................................................................................................. $275.00/each ASTM D2172 Asphalt Content by Solvents ............................................................................................. $275.00/each ASTM D5444 Gradation of Extracted Aggregate .................................................................................... $195.00/each Concrete Tests Description Rate/Cost ASTM C39 Concrete Cylinder Compression Test (set of five 4” or set of four 6” cylinders) ........... $120.00/each set ASTM C39 Cylinder Tested out of Sequence ............................................................................................ $30.00/each ASTM C42 Compressive Strength – Core ................................................................................................. $45.00/each ASTM C495 Lightweight Concrete Strength ............................................................................................. $45.00/each ASTM C78 Flexural Strength – Beam ............................................................................................. $95.00/each beam ASTM C39 Gunite Cyl Compression Test ................................................................................................. $45.00/each ASTM C1140 Shotcrete Panel Coring and Compression Test (set of 3 cores) ...................................... $300.00/panel ASTM C649 Concrete Modulus of Elasticity ........................................................................................... $275.00/each ASTM C157 Linear Shrinkage (Set of 3) ................................................................................................. $495.00/each ASTM C138 Unit Weight of Concrete ....................................................................................................... $95.00/each ASTM C496 Splitting Tensile Test ............................................................................................................ $75.00/each DocuSign Envelope ID: 99ACD391-4EF3-4549-B945-102F14646200 2021 Standard Fee Schedule Page No. 4 Caltrans Tests Description Rate/Cost CT 202 Sieve Analysis-Combined Sample............................................................................................... $175.00/each CT 202 Sieve Analysis-Fine Aggregate ................................................................................................... $145.00/each CT 202 Sieve Analysis-Coarse Aggregate ............................................................................................... $130.00/each CT 204 Plasticity Index Atterberg ............................................................................................................ $225.00/each CT 205 Percentage Crushed Particles ....................................................................................................... $155.00/each CT 206 Specific Gravity of Coarse Aggregate ......................................................................................... $115.00/each CT 207 Specific Gravity of Fine Aggregate ............................................................................................. $145.00/each CT 208 Apparent Specific Gravity of Fines ............................................................................................. $165.00/each CT 209 Specific Gravity of Soils .............................................................................................................. $195.00/each CT 211 Abrasion by Los Angeles Rattler ................................................................................................. $350.00/each CT 213 Organic Impurities in Sand .......................................................................................................... $115.00/each CT 214 Soundness by Sodium Sulfate ..................................................................................................... $425.00/each CT 216 California Impact Max Density ................................................................................................... $175.00/each CT 217 Sand Equivalent Value ................................................................................................................ $115.00/each CT 226 Moisture Content by Oven Drying ................................................................................................ $95.00/each CT 227 Cleanness Value........................................................................................................................... $155.00/each CT 229 Durability Index ........................................................................................................................... $215.00/each CT 234 Angularity & Voids Fine Aggregate ............................................................................................ $235.00/each CT 235 Flat and Elongated Particles ........................................................................................................ $185.00/each CT 301 Resistance R-Value Stabilometer ................................................................................................ $295.00/each CT 304/308 LTMD Kneading Compactor ................................................................................................ $255.00/each CT 305 Swell of Bituminous Mixtures ..................................................................................................... $325.00/each CT 308 (A) Core Density Paraffin Coated ................................................................................................. $55.00/each CT 308 (C) Core Density SSD ................................................................................................................... $45.00/each CT 308, CT 366 Stability & Density ........................................................................................................ $325.00/each CT 309 Maximum Theoretical Density .................................................................................................... $295.00/each CT 366 Stabilometer Value ...................................................................................................................... $225.00/each CT 370 Moisture Content by Microwave ................................................................................................... $55.00/each CT 371 Tensile Strength Ratio .............................................................................................................. $1,450.00/each CT 382 Asphalt Content by Ignition Oven ............................................................................................... $160.00/each CT 417 Soluble Sulfates ............................................................................................................................. $75.00/each CT 422 Chloride Content ............................................................................................................................ $85.00/each CT 521 Concrete Compressive Strength .................................................................................................... $30.00/each CT 523 Concrete Flexural Strength – Beam ............................................................................................... $95.00/each CT 531 Length of Drilled Concrete Cores .................................................................................................. $55.00/each CT 643 Resistivity and pH........................................................................................................................ $125.00/each Masonry Tests Description Rate/Cost ASTM C140 Block Compressive Strength .................................................................................................. $225.00/set ASTM C140 Block Moisture & Absorption ................................................................................................ $250.00/set ASTM C426 Block Linear Shrinkage ......................................................................................................... $325.00/set ASTM C140 Block Unit Wt & Dimensions ................................................................................................ $195.00/set ASTM C90 Masonry Block Conformance .................................................................................................. $650.00/set ASTM C67 Brick Compressive Strength .................................................................................................... $225.00/set ASTM C67 Brick Moisture & Absorption .................................................................................................. $250.00/set ASTM C109 Mortar Cube Compression Test (set of 3) .............................................................................. $145.00/set ASTM C1437 Mortar Flow Test ............................................................................................................... $500.00/test ASTM C1019 Grout Prism Compression (set of 4)..................................................................................... $120.00/set DocuSign Envelope ID: 99ACD391-4EF3-4549-B945-102F14646200 2021 Standard Fee Schedule Page No. 5 Masonry Tests (Con’t) Description Rate/Cost ASTM C1314 Masonry Prism Assemblage Compression (8" Block, set of 3) ........................................ $225.00/each ASTM C1314 Masonry Prism Assemblage Compression (12" Block, set of 3) ...................................... $250.00/each ASTM C1314 Masonry Prism Assemblage Compression (16" Block, set of 3) ...................................... $275.00/each Masonry Core Compression (8" max diameter) ......................................................................................... $75.00/each Masonry Core Shear (8" max diameter) ..................................................................................................... $95.00/each Reinforcing Steel Tests Description Rate/Cost ASTM A615/A706 Tension, Bend & Elongation - Rebar No. 3 to No. 8 ................................................ $115.00/each ASTM A615/A706 Tension, Bend & Elongation - Rebar No. 9 to No. 18 .............................................. $135.00/each ASTM A370 Mechanical Splice Tension Test ......................................................................................... $145.00/each ASTM A370 Control Bar ........................................................................................................................... $95.00/each CT 52-1-08C Slip Test .............................................................................................................................. $225.00/each Steel and Fireproofing Tests Description Rate/Cost ASTM A370 Tension Test - Structural Steel .............................................................................................. $85.00/each ASTM A370 Bend Test - Structural Steel .................................................................................................. $75.00/each ASTM E605 Spray Applied Fireproofing Density ..................................................................................... $75.00/each General Charges 1) SALEM invoices will be submitted on a monthly basis and will be billed on a time-and-materials basis in accordance with the above rates and fees. 2) SALEM requires a minimum forty-eight (48) hour prior notification for scheduling inspectors and/or technicians. 3) Inspection charges start at the scheduled show up time at the job site. All inspection hours will be billed in the following increments: a. There will be a minimum two (2) hour charge, with (2) hour increments billed thereafter, for any SALEM employee present on a job site, batch plant, fabrication shop, etc. 4) Rates are valid through December 31, 2019. Rates for personnel will increase by 3% per year on January 1st of each subsequent year thereafter. 5) Outside services will be billed at cost plus 15% unless billed directly to and paid for by Client. 6) Requests made by client for management attendance at meetings at the project site will be charged at standard rate. 7) Overtime Charges: a. Normal working hours are from 7:00 AM to 6:00 PM. b. Work performed in outside normal working hours, in excess of 8 hours per day and/or up to 8 hours on Saturdays will be billed at 1.5 times the unit rate. c. Work performed on in excess of 12 hours per day, on Sunday, recognized holidays, or in excess of eight (8) hours on Saturdays will be billed at 2.0 times the unit rate. d. A 20% surcharge will be applied for laboratory tests performed on a Saturday or Sunday. 8) Vehicle and Travel Charges: a. Travel time will be billed portal-to-portal from the nearest SALEM office at the applicable unit rate while traveling to a jobsite, batch plant, fabrication shop, etc. b. A vehicle/equipment fee of $75 will be charged on a per day basis for each inspector. 9) Night Work: A $5.00 per hour surcharge will be added to all personnel rates for work performed outside our normal working hours. DocuSign Envelope ID: 99ACD391-4EF3-4549-B945-102F14646200 PRINCIPAL ENGINEER 195$ per hour EXPERT WITNESS 265$ per hour CIVIL ENGINEER V 170$ per hour CIVIL ENGINEER IV 165$ per hour CIVIL ENGINEER III 160$ per hour CIVIL ENGINEER II 140$ per hour CIVIL ENGINEER I 135$ per hour PROJECT MANAGER II 150$ per hour PROJECT MANAGER I 140$ per hour ASSISTANT ENGINEER III 125$ per hour ASSISTANT ENGINEER II 120$ per hour ASSISTANT ENGINEER I 110$ per hour LAND SURVEYOR II 155$ per hour LAND SURVEYOR I 135$ per hour ASSISTANT SURVEYOR II 125$ per hour ASSISTANT SURVEYOR I 115$ per hour GIS ANALYST 115$ per hour GIS TECHNICIAN 105$ per hour CONSTRUCTION MANAGER II 140$ per hour CONSTRUCTION MANAGER I 130$ per hour PROJECT SERVICES ADMINISTRATOR 85$ per hour INSPECTOR II PREVAILING WAGE 150$ per hour INSPECTOR I PREVAILING WAGE 140$ per hour CAD MANAGER 115$ per hour CAD DRAFTER II 105$ per hour CAD DRAFTER I 95$ per hour CLERICAL 75$ per hour 2-PERSON SURVEY CREW 200$ per hour 2-PERSON SURVEY CREW PREVAILING WAGE 250$ per hour 1-PERSON SURVEY CREW 160$ per hour 1-PERSON SURVEY CREW PREVAILING WAGE 160$ per hour TRAVEL 0.56$ per mile SUBCONSULTANTS Cost plus 10% PRINTING Cost plus 10% Effective February 2021 Notes: 1) Prevailing wage rates are shown for Fresno County. 2) Approved OT for Inspectors and Surveyors shall be billed at 1.5x (OT) or 2.0X (Holidays) as appropriate YAMABE & HORN ENGINEERING, INC. CIVIL ENGINEERS – LAND SURVEYORS 2985 N Burl Avenue, Suite 101, Fresno, CA 93727 (559) 244-3123, FAX (559) 244-3120 2021 FEE SCHEDULE DocuSign Envelope ID: 99ACD391-4EF3-4549-B945-102F14646200 DPU-S 9.3 /02-2021 Page 1 of 4 EXHIBIT B INSURANCE REQUIREMENTS Consultant Service Agreement between City of Fresno (the City) and MKN & Associates, Inc. (the Consultant) Wellhead Treatment Improvements at Pump Stations 177 and 185 MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: 1. The most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01, providing liability coverage arising out of your business operations. The Commercial General Liability policy shall be written on an occurrence form and shall provide coverage for “bodily injury,” “property damage” and “personal and advertising injury” with coverage for premises and operations (including the use of owned and non- owned equipment), products and completed operations, and contractual liability (including, without limitation, indemnity obligations under the Agreement) with limits of liability not less than those set forth under “Minimum Limits of Insurance.” 2. The most current version of ISO *Commercial Auto Coverage Form CA 00 01, providing liability coverage arising out of the ownership, maintenance or use of automobiles in the course of your business operations. The Automobile Policy shall be written on an occurrence form and shall provide coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1- Any Auto). If personal automobile coverage is used, the City, its officers, officials, employees, agents, and volunteers are to be listed as additional insureds. 3. Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. 4. Professional Liability (Errors and Omissions) insurance appropriate to the Consultant’s profession. Architect’s and engineer’s coverage is to be endorsed to include contractual liability. MINIMUM LIMITS OF INSURANCE The Consultant, or any party the Consultant subcontracts with, shall maintain limits of liability of not less than those set forth below. However, insurance limits available to the City, its officers, officials, employees, agents, and volunteers as additional insureds, shall be the greater of the minimum limits specified herein or the full limit of any insurance proceeds available to the named insured: 1. COMMERCIAL GENERAL LIABILITY: (i) $1,000,000 per occurrence for bodily injury and property damage; (ii) $1,000,000 per occurrence for personal and advertising injury; DocuSign Envelope ID: 99ACD391-4EF3-4549-B945-102F14646200 DPU-S 9.3 /02-2021 Page 2 of 4 (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. 2. COMMERCIAL AUTOMOBILE LIABILITY: $1,000,000 per accident for bodily injury and property damage. OR* PERSONAL AUTOMOBILE LIABILITY insurance with limits of liability not less than: (i) $100,000 per person; (ii) $300,000 per accident for bodily injury; and (iii) $50,000 per accident for property damage. 3. WORKERS’ COMPENSATION INSURANCE as required by the State of California with statutory limits. 4. EMPLOYER’S LIABILITY: (i) $1,000,000 each accident for bodily injury; (ii) $1,000,000 disease each employee; and (iii) $1,000,000 disease policy limit. 5. PROFESSIONAL LIABILITY (Errors and Omissions): (i) $1,000,000 per claim/occurrence; and (ii) $2,000,000 policy aggregate. UMBRELLA OR EXCESS INSURANCE In the event the Consultant purchases an Umbrella or Excess insurance policy(ies) to meet the “Minimum Limits of Insurance,” this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies). In addition, such Umbrella or Excess insurance policy(ies) shall also apply on a primary and non-contributory basis for the benefit of the City, its officers, officials, employees, agents, and volunteers. DEDUCTIBLES AND SELF-INSURED RETENTIONS The Consultant shall be responsible for payment of any deductibles contained in any insurance policy(ies) required herein and the Consultant shall also be responsible for payment of any self-insured retentions. Any deductibles or self-insured retentions must be declared on the Certificate of Insurance, and approved by, the City’s Risk Manager or designee. At the option of the City’s Risk Manager or designee, either: (i) The insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees, agents, and volunteers; or (ii) The Consultant shall provide a financial guarantee, satisfactory to the City’s Risk Manager or designee, guaranteeing payment of losses and related investigations, claim administration and defense DocuSign Envelope ID: 99ACD391-4EF3-4549-B945-102F14646200 DPU-S 9.3 /02-2021 Page 3 of 4 expenses. At no time shall the City be responsible for the payment of any deductibles or self-insured retentions. OTHER INSURANCE PROVISIONS’ ENDORSEMENTS The General Liability and Automobile Liability insurance policies are to contain, or be endorsed to contain, the following provisions: 1. The City, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds. The Consultant shall establish additional insured status for the City and for all ongoing and completed operations by use of ISO Form CG 20 10 11 85 or both CG 20 10 10 01 and CG 20 37 10 01 or by an executed manuscript insurance company endorsement providing additional insured status as broad as that contained in ISO Form CG 20 10 11 85. 2. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees, agents, and volunteers. Any available insurance proceeds in excess of the specified minimum limits and coverage shall be available to the Additional Insured. 3. For any claims related to this Agreement, the Consultant’s insurance coverage shall be primary insurance with respect to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self- insurance maintained by the City, its officers, officials, employees, agents, and volunteers shall be excess of the Consultant’s insurance and shall not contribute with it. The Consultant shall establish primary and non- contributory status by using ISO Form CG 20 01 04 13 or by an executed manuscript insurance company endorsement that provides primary and non-contributory status as broad as that contained in ISO Form CG 20 01 04 13. The Workers’ Compensation insurance policy is to contain, or be endorsed to contain, the following provision: The Consultant and its insurer shall waive any right of subrogation against the City, its officers, officials, employees, agents, and volunteers. If the Professional Liability (Errors and Omissions) insurance policy is written on a claims- made form: 1. The retroactive date must be shown, and must be before the effective date of the Agreement or the commencement of work by the Consultant. 2. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Agreement work or termination of the Agreement, whichever occurs first, or, in the alternative, the policy shall be endorsed to provide not less than a five year discovery period. 3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date of the Agreement or the commencement of work by the Consultant, the Consultant must purchase “extended reporting” coverage for a minimum of DocuSign Envelope ID: 99ACD391-4EF3-4549-B945-102F14646200 DPU-S 9.3 /02-2021 Page 4 of 4 five years after completion of the Agreement work or termination of the Agreement, whichever occurs first. 4. A copy of the claims reporting requirements must be submitted to the City for review. 5. These requirements shall survive expiration or termination of the Agreement. All policies of insurance required herein shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after thirty calendar days written notice by certified mail, return receipt requested, has been given to the City. The Consultant is also responsible for providing written notice to the City under the same terms and conditions. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits, the Consultant shall furnish the City with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for the City, the Consultant shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than fifteen calendar days prior to the expiration date of the expiring policy. VERIFICATION OF COVERAGE The Consultant shall furnish the City with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the City’s Risk Manager or designee prior to the City’s execution of the Agreement and before work commences. All non-ISO endorsements amending policy coverage shall be executed by a licensed and authorized agent or broker. Upon request of the City, the Consultant shall immediately furnish City with a complete copy of any insurance policy required under this Agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement. DocuSign Envelope ID: 99ACD391-4EF3-4549-B945-102F14646200 EXHIBIT C DISCLOSURE OF CONFLICT OF INTEREST Wellhead Treatment Improvements at Pump Stations 177 and 185 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) DocuSign Envelope ID: 99ACD391-4EF3-4549-B945-102F14646200 Arroyo Grande, CA 93421 Michael K Nunley X Michael K. Nunley & Associates, Inc. N/A 4/6/2021 X X X X X PO Box 1604 City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 21-531,Version:1 REPORT TO THE CITY COUNCIL April 28, 2021 FROM:MICHAEL CARBAJAL, Director Department of Public Utilities THROUGH:BROCK D. BUCHE, PE, PLS, Assistant Director - UP&E Department of Public Utilities - Utilities Planning & Engineering BY:PETER MARACCINI, PhD, Professional Engineer Department of Public Utilities - Utilities Planning & Engineering SUBJECT ***RESOLUTION -Authorizing and directing the preparation and submission of a financial assistance application to the State Water Resources Control Board for a water connection between the City of Fresno and the Three Palms Mobile Home Park (Council District 3) (Subject to Mayor’s Veto) RECOMMENDATION Staff recommends that City Council adopt a resolution authorizing and directing the preparation and submittal of financial assistance applications to the State Water Resources Control Board (Board),for a water connection between the City of Fresno (City)and the Three Palms Mobile Home Park (MHP) (Project);and authorize the Director of Public Utilities,or designee,to execute all application documents on behalf of the City. EXECUTIVE SUMMARY The Three Palms MHP was issued a compliance order by the Board for exceeding the 1,2,3- trichloropropane (1-2-3 TCP)maximum contaminant level (MCL),in its private groundwater well.To come into compliance,Three Palms MHP desires to connect to the City’s distribution system.The community has been found eligible for grant or principal forgiveness funding under the Board’s Drinking Water State Revolving Fund (DWSRF)program for a water connection between the City and the Three Palms MHP.The DWSRF program will also provide funds for a contractor to perform any necessary onsite work at the Three Palms MHP and destroy the existing non-compliant private groundwater well.As onsite work is outside the purview of the City’s responsibilities,the contractor’s work will not be managed or supervised by the City.The first step to applying for such programs is adoption of this resolution that will allow the City,on behalf of the Three Palms MHP,to submit City of Fresno Printed on 4/21/2021Page 1 of 3 powered by Legistar™ File #:ID 21-531,Version:1 financial assistance applications to the Board. BACKGROUND The Board administers the DWSRF program,which finances infrastructure improvements to mitigate drinking water risks and support the human right to water.The Board’s Intended Use Plan identifies DWSRF financing programs that prioritize and assist disadvantaged communities (DACs)solve their drinking water problems. The Three Palms MHP community,located within Council District 3,qualifies as a DAC per Board Division of Financial Assistance criteria.The community of approximately 300 residents is located between North Golden State Boulevard and the State Route 99,north of West McKinley Avenue and south of West Clinton Avenue.The community is currently served by a single,private well and is not connected to the City’s distribution system. In March 2018,Three Palms MHP was issued a compliance order by the Board for exceedance of the 1,2,3-TCP-MCL in the domestic well water.Concentrations of 1,2,3-TCP in domestic well water samples collected between February 2018 and November 2020 have been 9 to 24 times greater than the MCL allowed in drinking water,representing a persistent health risk to Three Palms MHP residents.Connection to the City’s water supply would mitigate the health risk to Three Palms MHP residents. A City main is located adjacent to the Three Palms MHP. The Project will be funded by the Board’s DWSRF program.To apply for DWSRF program funding, an Authorizing Resolution is required to be adopted by the City’s governing body to allow the City,on behalf of the Three Palms MHP community,to submit a financial assistance application to the Board. Adoption by Council will initiate efforts necessary for the planning,design,construction,and connection of water infrastructure for the Three Palms MHP. This resolution has been approved as to form by the City Attorney’s Office. ENVIRONMENTAL FINDINGS Authorization to submit an application for financial assistance is not a “project”for the purposes of California Environmental Quality Act (CEQA),as it is a funding mechanism or other government fiscal activity and does not involve commitment to any specific project that may result in a potentially significant physical impact on the environment as contemplated by CEQA Guidelines Section 15378 (b). LOCAL PREFERENCE The local preference was not implemented because this is not a competitive bid award. FISCAL IMPACT There is no impact to the General Fund or other City debt service obligations.Submission of these financial assistance applications is merely a mechanism to identify and initiate future planning,design and construction needs in the form of grants.Upon application review and approval by the Board, any potential future financial funding impacts will be brought before Council for consideration and City of Fresno Printed on 4/21/2021Page 2 of 3 powered by Legistar™ File #:ID 21-531,Version:1 approval. Attachments: Attachment 1 - Resolution Attachment 2 - Vicinity Map City of Fresno Printed on 4/21/2021Page 3 of 3 powered by Legistar™ HUGHES?Three Palms MHP Location AÎE CLINTON MCKINLEY G O L D E N S T A T EPARKWAYYALE PINE WEST0 400 800 Feet º Three Palms Mobile Home Park Fresno, CA Legend Existing Water Main Proposed Service Three Palms MHP Limits 2/12/2021 : G:\Self Help Enterprises-1875\187520007-Three Palms MHP\400 GIS\Map\Three_Palms_MHP_Location.mxd Vicinity Map City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 21-404,Version:1 REPORT TO THE CITY COUNCIL April 28, 2021 FROM:JOE VARGAS, Assistant Director Department of Transportation BY:CAROLINA ILIC, Planning Manager Department of Transportation, Planning Division JEFF LONG, Senior Transit Planner Department of Transportation, Planning Division SUBJECT Approve the award of a product requirements contract,with two optional one-year extensions,to Casey Printing of King City,California,for FAX schedule guide printing services for a total $60,999.61 for the first two years, not to exceed $121,999.22 over four years (Bid Eval 9572) RECOMMENDATION Staff recommends Council approve the award of a two-year product requirements contract,with two optional one-year extensions,to Casey Printing of King City,California,for schedule guide printing services for a total of $60,999.61 for the first two years, not to exceed $121,999.22 over four years. EXECUTIVE SUMMARY The Department of Transportation-FAX seeks to award a product requirements contract to provide printing services.The requirements contract will be utilized to print schedule guides which are provided to passengers at no cost and used to navigate the bus system.The product requirements contract is being awarded through a competitive bidding procurement process and funded using local transportation funds.This is a re-bid of Bid File 9542 which Council approved rejecting all bids on October 22,2020,in order to try and solicit additional participation from local vendors.The Purchasing division conducted outreach to fourteen local vendors to encourage bidding and extended assistance on how to register and use Planet Bids.In addition,the department changed the funding source for this procurement from federal to local,since federal funds require more stringent contract language which may deter vendors from participating.On January 26,2021,five sealed bids were received and opened at a public bid opening,including one bid from a local vendor.The lowest responsive and responsible bid was from Casey Printing of King City, CA. City of Fresno Printed on 4/21/2021Page 1 of 2 powered by Legistar™ File #:ID 21-404,Version:1 BACKGROUND FAX provides schedule guides to transit passengers on FAX buses.The schedule guides are available for free to transit passengers on the fleet of 115 buses.FAX publishes schedule guides up to five times per year,with orders between 12,000 and 18,000 schedule guides per order, as needed. Each schedule guide includes the FAX system map,the night service map,individual maps and timetables for the 18 transit routes,information on fares and passes,and other relevant information,such as how to ride the bus,rules to abide by,Handy Ride information,the holiday schedule,Title VI notifications,and contact information for Handy Ride,the Manchester Transit Center and the FAX administration office. All information is provided in English and Spanish. A Notice Inviting Bids was published in the Business Journal on December 23,2020,and posted to the City’s Website via Planet Bids.Three building exchanges received the bid and the bid specifications were delivered to 12 prospective bidders.Five sealed bids were received and opened at a public bid opening on January 26,2021.Casey Printing was determined to be the lowest responsive and responsible bidder and FAX staff recommends Council approve the award of a two-year product requirements contract,with two optional one-year extensions,to Casey Printing of King City,CA,for schedule guide printing services for a total of $60,999.61 for the first two years,not to exceed $121,999.22 over four years. ENVIRONMENTAL FINDINGS By the definition provided in the California Environmental Quality Act (CEQA)Guidelines Section 15378,the award of this products requirements contract does not qualify as a “project” as defined by CEQA. LOCAL PREFERENCE Local preference was considered,calculated and applied but did not alter the bid results.The only Fresno company who participated quoted a final bid that was more than double the bid of Casey Printing.The Fresno company bid ranked highest in cost of all five bids received. FISCAL IMPACT No General Funds will be used to purchase these items.The source of funding for the cost of printing schedule guides will be local transportation operating funds. Attachment:Bid Eval 9572 City of Fresno Printed on 4/21/2021Page 2 of 2 powered by Legistar™ City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 21-430,Version:1 REPORT TO THE CITY COUNCIL April 28, 2021 FROM:BRIAN BARR, Assistant Director Department of Transportation BY:SUSAN ROGERS, IT Supervisor Department of Transportation SUBJECT Actions related to the award of a non-professional service agreement with Global Traffic Technologies, LLC, of Saint Paul, Minnesota, in the amount of $60,259.25 1. Affirm the City Manager’s determination that Global Traffic Technologies, LLC, is uniquely qualified to perform software and hardware maintenance services for the Department of Transportation Fresno Area Express Traffic Signal Priority system. 2. Affirm the City Manager’s determination that Global Traffic Technologies, LLC, is uniquely capable, as defined by the Federal Transit Administration for sole source non-competitive procurements, to perform software and hardware maintenance on the Department of Transportation Fresno Area Express Traffic Signal Priority system. 3. Award a non-professional service agreement with Global Traffic Technologies, LLC, of Saint Paul, Minnesota, in the amount of $60,259.25, for traffic signal priority software and hardware maintenance services for three-years and two 1-year options with a total contract value of $92,929.25. 4. Authorize the Director of Transportation or designee to execute all related documents. RECOMMENDATION Staff recommends Council affirm the City Manager’s determination that Opticom/Global Traffic Technologies,LLC (GTT),is uniquely qualified and uniquely capable to perform the software and hardware maintenance for the Department of Transportation Fresno Area Express (FAX)traffic signal priority system (TSP),and award a non-professional service agreement in the amount of $60,259.25 for three years with two 1-year options with a total contract value of $92,929.25 and authorize the Director of Transportation or designee to execute all related documents. EXECUTIVE SUMMARY GTT is the sole manufacturer of Opticom TSP software and equipment currently implemented by FAX on the Bus Rapid Transit (BRT)and Shaw Avenue transit corridors and vehicles.The TSP system assists with vehicle on-time performance City of Fresno Printed on 4/21/2021Page 1 of 3 powered by Legistar™ File #:ID 21-430,Version:1 Transit (BRT)and Shaw Avenue transit corridors and vehicles.The TSP system assists with vehicle on-time performance and operational efficiency by creating a longer/shorter green at the signal for a bus that is running behind schedule.This technology is proprietary and only accessible to its original vendor.Therefore,GTT is uniquely qualified to provide customer support services for TSP equipment installed at 90 intersections and 39 vehicles. Through restricted data rights and patents,GTT is the only vendor uniquely capable of providing continued maintenance and support services for the TSP system,improving bus schedule adherence and transit operational efficiency by providing low traffic signal priority.The resulting action is defined by the Federal Transit Administration (FTA)as a sole- source non-competitive procurement.In order to continue to receive support for the TSP software and equipment FAX seeks to enter into a non-professional service agreement.GTT traffic signal equipment is used extensively by Public Works and provides signal preemption for emergency vehicles.FAX is the only department to utilize TSP equipment and therefore these services are not covered by any existing City contracts. BACKGROUND TSP technology provides special treatment to transit vehicles at signalized intersections with the intention of reducing dwell times at the traffic signal.This increases on-time performance and operational efficiency by giving a longer/shorter green light to buses that are running behind schedule.This technology also provides preemption to emergency vehicles by sending a priority/preemption request to the traffic signal as they approach the intersection. FAX has implemented a TSP solution on 90 intersections and onto 39 bus vehicles.The TSP technology has been installed along the Bus Rapid Transit (BRT)corridors of Blackstone,Kings Canyon/Ventura and Shaw Avenue corridors. The existing TSP equipment, used by FAX for low priority preemption, is not covered by any existing City contract. On January 3,2019,FAX petitioned a Request for Information (RFI)to solicit information from qualified vendors who manufacture and provide TSP equipment,which is natively compatible with the City’s current on-board vehicle and existing intersection TSP technology.The RFI closed with one response from GTT.FAX concluded that GTT was the only vendor that could interface with the equipment. Through restricted data rights and patents,GTT is the only vendor uniquely qualified and uniquely capable and of providing continued maintenance and support services for the TSP system.The latter is a resulting action defined by the Federal Transit Administration (FTA)as a sole-source non- competitive procurement. This agreement will give Public Works Traffic Operations Center and Traffic Signal and Street Lights Divisions access to security fixes, updates, service and feature releases and new software versions as they are released. The City Attorney has approved the contract as to form. ENVIRONMENTAL FINDINGS By the definition provided in the California Environmental Quality Act (CEQA)Guidelines Section 15378, the award of this contract does not qualify as a project as defined by CEQA. LOCAL PREFERENCE The City’s Local Preference Ordinance (FMC 4-108)was not implemented because GTT is uniquely qualified and federal funds prohibit the use of local preference. FISCAL IMPACT City of Fresno Printed on 4/21/2021Page 2 of 3 powered by Legistar™ File #:ID 21-430,Version:1 There is no fiscal impact to the General Fund from this request.This purchase is funded by FTA Congestion Mitigation Air Quality Improvement (CMAQ)funds appropriated in the Department’s FY21 capital budget. Attachments: Uniquely Qualified Service Contract Justification Memorandum to the City Manager Non-professional Service Contract City of Fresno Printed on 4/21/2021Page 3 of 3 powered by Legistar™ City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 21-522,Version:1 REPORT TO THE CITY COUNCIL April 28, 2021 FROM:BRIAN BARR, Assistant Director Department of Transportation BY:DUANE MYERS, Fleet Manager Department of Transportation, Municipal Fleet Division CLIFF TRAUGH, Senior Management Analyst Department of Transportation, Municipal Fleet Division SUBJECT Approve the award of a purchase contract to Haaker Equipment Company Inc.of La Verne, California for the purchase of five Vactor sewer cleaning trucks in the amount of $2,557,407 RECOMMENDATION Staff recommends Council approve the award of a purchase contract to Haaker Equipment Company Inc.of La Verne,California for the purchase of five Vactor sewer cleaning trucks in the amount of $2,557,407. EXECUTIVE SUMMARY The Department of Public Utilities (DPU),Wastewater Management Division seeks to purchase five Vactor sewer cleaning trucks to perform flushing,obstruction removal,and maintenance related to the Wastewater Treatment system. The trucks will be purchased as replacements through a competitively solicited cooperative procurement process administered by Sourcewell, formerly the National Joint Powers Alliance (NJPA). BACKGROUND DPU,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 the Wastewater Treatment Plant as well as the collection system suppling it.To continue this maintenance,sewer cleaning trucks are needed to blast through obstructions with water jets,vacuum out debris with suction hoses,and excavate collection lines for repair all throughout the city. This work on the wastewater collection system is currently done with five aging trucks struggling with maintenance issues due to failing drive trains.The five new trucks will consist of one specialized hydro excavating vacuum with a large inlet designed to move bigger material,one dedicated jetting truck designed to cut through blockages such as tree roots,and three combination trucks that are both jetter and vacuum.The new units will be built on the proven Kenworth T880 City of Fresno Printed on 4/21/2021Page 1 of 2 powered by Legistar™ File #:ID 21-522,Version:1 three combination trucks that are both jetter and vacuum.The new units will be built on the proven Kenworth T880 chassis, updated with the latest emissions technology, exceeding the US 2010 emissions standard. The trucks identified for replacement are 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 trucks are more than 10 years old and have on average 10,000 hours of run time.The trucks have now exceeded their cost-effective life span and begun to incur significant repairs costs. Staff recommends replacement of these units based on age and condition. The trucks will be purchased through a competitively solicited cooperative procurement process administered by Sourcewell,formerly the National Joint Powers Alliance (NJPA).The purchase contract will be awarded to Haaker Equipment Company who is the dealer for Vactor sewer cleaning equipment,a subsidiary of Federal Signal Corporation. The total purchase price is $2,557,407.This price includes the Sourcewell cooperative purchasing discount applied to City purchases as well as sales tax at 7.975%.The Purchasing Department 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 is not applicable. The City is not issuing a request for quote for this cooperative purchase agreement. FISCAL IMPACT No general funds will be used to purchase these items.The funding to cover the purchase cost of the Vactor sewer cleaning trucks has been included in the FY2021 adopted budget under the operations of the DPU,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: Acceptance & Award Combined Ads Comment & Review Evaluation Federal Signal Contract RFP City of Fresno Printed on 4/21/2021Page 2 of 2 powered by Legistar™ 1 Carol Jackson From:Miranda Andersen <miranda@aamdc.com> Sent:Thursday, November 16, 2017 3:11 PM To:Carol Jackson Subject:Re: RFP for Advertisement Thank you Carol, We would like to post this RFP. Please forward it to me when it is available. Much thanks, Miranda Andersen Sent from my iPhone On Nov 16, 2017, at 9:02 AM, Carol Jackson <Carol.Jackson@njpacoop.org> wrote: Good Morning! Please let me know if you would like to post this RFP and I will forward additional information. 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 #122017 SEWER VACUUM, HYDRO‐EXCAVATION, AND STREET SWEEPER EQUIPMENT, WITH RELATED ACCESSORIES AND SUPPLIES. Details of this RFP are available beginning November 16, 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 December 20, 2017 at 4:30 p.m. Central Time at the above address and opened December 21, 2017 at 8:30 a.m. Central Time. Thank you! <image001.png> Carol Jackson Procurement Analyst III phone 218-894-5481 email carol.jackson@njpacoop.org website NJPAcoop.org Bid Information /∠Home ∠List of Bids Bid Information Bid Information for 122017 Bid Number 122017 Bid Name Sewer Vacuum, Hydro-Excavation, and Street Sweeper Equipment, with Related Accessories and Supplies Published By National Joint Powers Alliance Solicitation Type Open to all suppliers Contract Type RFP Procurement Name Procurement Published Date 11/16/2017 Closing Date 12/20/2017 04:30:00 PM CT Country & Province/State Ontario, Canada Region & City , Bid Type Goods Group Estimated Contract Amount $99,999,999.00 Remind Notice Date Not Applicable Publish Option NIGP Code Value Range Not Applicable Client Departments Accept questions Not Applicable Tender Area NDA Requirement Not Applicable NOI Date Not Applicable Site Meetings Not Applicable Sewer Vacuum, Hydro-Excavation, and Street Sweeper Equipment, with Related Accessories and Supplies 122017 Closing Date: 12/20/2017 04:30:00 PM CT Detail: The National Joint Powers Alliance® (NJPA), on behalf of NJPA and its current and potential member agencies, which includes all governmental, higher education, K-12 education, not-for-profit, tribal government, and all other public agencies located in all fifty states, Canada, and internationally, issues this Request For Proposal (RFP) to result in a national contract solution for the procurement of #122017 SEWER VACUUM, HYDRO-EXCAVATION, AND STREET SWEEPER EQUIPMENT, WITH RELATED ACCESSORIES AND SUPPLIES. Details of this RFP are available beginning November 16, 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 December 20, 2017 at 4:30 p.m. Central Time at the above address and opened December 21, 2017 at 8:30 a.m. Central Time. No Bid Document Selected Unclassified Categories Miscellaneous items Miscellaneous Bids located within this category are not classified in the existing Biddingo categories. Roads/ Sewer/ Watermain Roads/Sewer/Watermain Projects-Excavating, Ditch, Culvert, Streetscaping, Traffic Lights, Road Painting, Visors, Polycarb, Asphalt Overlay, Fire Hydrant, Guard Rails, Drainage Systems Pending Biddingo Approval Pending Biddingo Approval Requirements Bid Advertisement Bid Document Selected Categories (Biddingo Category) Attached Bid Documents Page 1 of 2Biddingo - Leading e-procurement portal for public and private sector bids 11/16/2017https://r2cow.biddingo.com/viewVerification/377075/1285722 Seq. Seq. Name Name Description Description Size Size Page Page NDA NDA Required Required Preview Preview Document Document No File Attached Name / Email Name / Email Address Address Phone Phone Fax Fax No Bidder Invited © Copyright 2017 R2CoW. All Rights Reserved. Powered by [ SUPPORT (Download Training Manuals) ] Invited Bidders Page 2 of 2Biddingo - Leading e-procurement portal for public and private sector bids 11/16/2017https://r2cow.biddingo.com/viewVerification/377075/1285722 National Joint Powers Alliance :: -Sewer Vacuum, Hydro-Excavation, and Street Sweeper Equipment, with Related Accessories and Supplies https://www.njpacoop.org/index.php?cID=6174[11/16/2017 10:06:01 AM] 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 Current & Pending Solicitations Become a Vendor Cooperative Purchasing Vendor Name: * Vendor Address: * Vendor City: * Vendor State: * Vendor Zip Code: * Contact Name: * Contact email: * Vendor Phone Number: -Sewer Vacuum, Hydro-Excavation, and StreetSweeper Equipment, with Related Accessories andSupplies 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 #122017 SEWER VACUUM, HYDRO-EXCAVATION, AND STREET SWEEPER EQUIPMENT, WITH RELATED ACCESSORIES AND SUPPLIES. Details of this RFP are available beginning November 16, 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 December 20, 2017 at 4:30 p.m. Central Time at the above address and opened December 21, 2017 at 8:30 a.m. Central Time. Pre-Proposal Conference: December 5, 2017 at 10:00 am CT Sealed proposals due: December 20, 2017 at 4:30 pm CT Proposals will be publicly opened: December 21, 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: Contracts and Compliance Department 202 12th Street NE, Staples, MN 56479 3. Complete the RFP Document Request Form below, this will redirect you to a page where you can get the documents immediately. Home > Cooperative Purchasing >Become a Vendor >Current & Pending Solicitations > -Sewer Vacuum, Hydro-Excavation, and Street Sweeper Equipment, with Related Accessories and Supplies Home 888.894.1930 Contact Us About Us Cooperative Purchasing Statewide/Regional Solutions Organizational Notice Basic Information Details Dates Contact Information Bid Submission Process Estimated Contract Value (CAD)$999,999,999.00 (Not shown to suppliers) Reference Number 0000071479 Issuing Organization National Joint Powers Alliance Solicitation Type RFP - Request for Proposal Solicitation Number 122017 Title Sewer Vacuum Hydro-Excavation Street Sweeper Equipment with Related Accessories Source ID PP.CO.USA.868485.C88455 Region All of Canada, All of Canada Purchase Type Term: 2018/03/22 12:00:00 AM CDT - 2021/03/16 12:00:00 AM CDT Description The National Joint Powers Alliance® (NJPA), on behalf of NJPA and its current and potential member agencies, which includes all governmental, higher education, K-12 education, not-for-profit, tribal government, and all other public agencies located in all fifty states, Canada, and internationally, issues this Request For Proposal (RFP) to result in a national contract solution for the procurement of #122017 SEWER VACUUM, HYDRO- EXCAVATION, AND STREET SWEEPER EQUIPMENT, WITH RELATED ACCESSORIES AND SUPPLIES. Details of this RFP are available beginning November 16, 2017. Proposals will be received until December 20, 2017 at 4:30 p.m. Central Time at the above address and opened December 21, 2017 at 8:30 a.m. Central Time. Publication 2017/11/16 10:46:02 AM CST Question Acceptance Deadline 2017/12/13 04:30:00 PM CST Questions are submitted online No Bid Intent Not Available Closing Date 2017/12/20 04:30:00 PM CST Procurement Department 218-894-1930 rfp@njpacoop.org Bid Submission Type Electronic Bid Submission Pricing Lump sum Pricing Lump sum Bid Documents List Item Name Description Mandatory Bid Documents Documents defining the proposal Yes 122017 - Sewer Vacuum Hydro-Excavation Street Sweeper Eq... 2017/11/16 10:46:45 AM CST Page 1 of 4 Documents Documents Document Size Uploaded Date Language How to obtain Sewer RFP.DOCX [docx] 12 Kb 2017/11/16 10:44:39 AM CST English 122017 - Sewer Vacuum Hydro-Excavation Street Sweeper Eq... 2017/11/16 10:46:45 AM CST Page 2 of 4 Categories Selected Categories MERX Categories (5) G Goods Goods G28 Special Purpose Vehicles Special Purpose Vehicles G22 Miscellaneous Goods Miscellaneous Goods G18 Industrial Equipment Industrial Equipment G19 Machinery and Tools Machinery and Tools U Other Other U Undefined Undefined 122017 - Sewer Vacuum Hydro-Excavation Street Sweeper Eq... 2017/11/16 10:46:45 AM CST Page 3 of 4 Document Request List Document Request List Organization Name Main Contact Download Date City Province/State No document has been requested yet. 122017 - Sewer Vacuum Hydro-Excavation Street Sweeper Eq... 2017/11/16 10:46:45 AM CST Page 4 of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n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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 #122017 - Sewer Vacuum, Hydro-Excavation, and Street Sweeper Equipment, with Related Accessories and supplies Bid Type RFP Bid Number 122017 Title Sewer Vacuum, Hydro- Excavation, and Street Sweeper Equipment, with Related Accessories and supplies Start Date Nov 16, 2017 1:54:33 PM CST End Date Dec 20, 2017 4:30:00 PM CST Agency NJPA Bid Contact Chris Robinson (218) 895-4168 rfp@njpacoop.org 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 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 #122017 SEWER VACUUM, HYDRO- EXCAVATION, AND STREET SWEEPER EQUIPMENT, WITH RELATED ACCESSORIES AND SUPPLIES. Details of this RFP are available beginning November 16, 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 December 20, 2017 at 4:30 p.m. Central Time at the above address and opened December 21, 2017 at 8:30 a.m. Central Time. Delivery Information Chris Robinson, NJPA 202 12th St NE, PO Box 219, Staples, MN 56479 Pre-Bid Conference Date Dec 5, 2017 10:00:00 AM CST Location Page 1 of 2Public Purchase: Bid RFP #122017 - Sewer Vacuum, Hydro-Excavation, and Street Swee... 11/16/2017http://www.publicpurchase.com/gems/bid/bidView?bidId=87674 Notes Pre-Proposal information will be sent two days prior. Documents No Documents for this bid Customer Support: agencysupport@publicpurchase.com | Copyright 1999-2017 © | The Public Group, LLC. All rights reserved. Page 2 of 2Public Purchase: Bid RFP #122017 - Sewer Vacuum, Hydro-Excavation, and Street Swee... 11/16/2017http://www.publicpurchase.com/gems/bid/bidView?bidId=87674 PUBLIC NOTICES 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 #122017 SEWER VACUUM, HYDRO-EXCAVATION, AND STREET SWEEPER EQUIPMENT, WITH RELATED ACCESSORIES AND SUPPLIES. Details of this RFP are available beginning November 16, 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 December 20, 2017 at 4:30 p.m. Central Time at the above address and opened December 21, 2017 at 8:30 a.m. Central Time. usat-usatnonbus-100074451nationaljointpowersal-display-public-notice-12388.indd 111/13/17 2:39 PM 1 National Joint Powers Alliance® REQUEST FOR PROPOSAL for the procurement of SEWER VACUUM, HYDRO-EXCAVATION, AND STREET SWEEPER EQUIPMENT, WITH RELATED ACCESSORIES AND SUPPLIES RFP Opening DECEMBER 21, 2017 8:30 a.m. Central Time At the offices of the National Joint Powers Alliance® 202 12th Street Northeast, Staples, MN 56479 RFP #122017 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 #122017 SEWER VACUUM, HYDRO-EXCAVATION, AND STREET SWEEPER EQUIPMENT, WITH RELATED ACCESSORIES AND SUPPLIES. Details of this RFP are available beginning November 16, 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 December 20, 2017 at 4:30 p.m. Central Time at the above address and opened December 21, 2017 at 8:30 a.m. Central Time. RFP Timeline November 16, 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. December 5, 2017 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. December 13, 2017 Deadline for RFP questions. December 20, 2017 4:30 p.m. CT Deadline for Submission of Proposals. Late responses will be returned unopened. December 21, 2017 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 SEWER VACUUM, HYDRO-EXCAVATION, AND STREET SWEEPER EQUIPMENT, WITH RELATED ACCESSORIES AND SUPPLIES. 3.17 Additional Scope Definitions: In addition to SEWER VACUUM, HYDRO-EXCAVATION, AND STREET SWEEPER EQUIPMENT, WITH RELATED ACCESSORIES AND SUPPLIES, this solicitation should be read to include, but not to be limited to: 3.17.1 Equipment, accessories and supplies for the purpose of cleaning sewer lines, catch basins and storm sewers, such as sewer vacuums, jetters, rodders, and self-propelled or chassis-mounted hydro-excavators; and, 7 3.17.2 Equipment, accessories and supplies for the purpose of street or parking lot sweeping, such as mechanical, vacuum, air, and high efficiency sweepers. 3.17.3 NJPA reserves the right to limit the scope of this solicitation for NJPA and current and potential NJPA member agencies. 3.17.3.1 Respondent’s proposal may include no more than an incidental offering of trailer or skid-mounted hydro-excavation equipment. Respondent’s primary offerings must be the equipment identified in sub-sections 3.17.1 or 3.17.2 above. 3.17.3.2 This solicitation is not intended to include pumps. Such items in a proposal will be considered out of scope. 3.18 Overlap of Scope: When considering equipment/products/services, or groups of equipment/ products/services submitted as a part of your response, and whether inclusion of such will fall within a “Scope of Proposal,” please consider the validity of an inverse statement. 3.18.1 For example, pencils and post-it-notes can generally be classified as office supplies and office supplies generally include pencils and post-it-notes. 3.18.2 In contrast, computers (PCs and peripherals) can generally be considered office supplies; however, the scope of office supplies does not generally include computer servers and infrastructure. 3.18.3 In conclusion: With this in mind, individual products and services must be examined individually by NJPA, from time to time and in its sole discretion, to determine their compliance and fall within the original “Scope” as intended by NJPA. 3.19 Best and Most Responsive – Responsible Proposer: It is the intent of NJPA to award a Contract to the best and most responsible and responsive Proposer(s) offering the best overall quality and selection of equipment/products and services meeting the commonly requested specifications of the NJPA and NJPA Members, provided the Proposer’s Response has been submitted in accordance with the requirements of this RFP. Qualifying Proposers who are able to anticipate the current and future needs and requirements of NJPA and NJPA member agencies; demonstrate the knowledge of any and all applicable industry standards, laws and regulations; and possess the willingness and ability to distribute, market to and service NJPA Members in all 50 states are preferred. NJPA requests proposers submit their entire product line as it applies and relates to the scope of this RFP. 3.20 Sealed Proposals: NJPA will receive sealed proposal responses to this RFP in accordance with accepted standards set forth in the Minnesota Procurement Code and Uniform Municipal Contracting Law. Awards may be made to responsible and responsive Proposers whose proposals are determined in writing to be the most advantageous to NJPA and its current or qualifying future NJPA Member agencies. 3.21 Use of Contract: Any Contract resulting from this solicitation shall be awarded with the understanding that it is for the sole convenience of NJPA and its Members. NJPA and/or its members reserve the right to 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. 8 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. 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 SEWER VACUUM, HYDRO-EXCAVATION, AND STREET SWEEPER 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. 9 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 SEWER VACUUM, HYDRO-EXCAVATION, AND STREET SWEEPER 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. 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 10 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. 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 11 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; 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. 12 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 SEWER VACUUM, HYDRO- EXCAVATION, AND STREET SWEEPER 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 t he 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. 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 13 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 SEWER VACUUM, HYDRO- EXCAVATION, AND STREET SWEEPER 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 SEWER VACUUM, HYDRO-EXCAVATION, AND STREET SWEEPER 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; 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. 14 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 $150 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. 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. 15 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 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 16 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 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. 17 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. 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. 18 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. 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; 19 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 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 20 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. 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. 21 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. 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. 22 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 be used to meet the minimum liability requirements provided that the coverage is written on a “following form” basis. 6.23.1.1 Commercial General Liability—Occurrence Form Policy shall include bodily injury, property damage and broad form contractual liability and XCU coverage. 6.23.1.2 Each Occurrence $1,500,000 6.24 Insurance Requirements: The limits listed 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 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 23 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. 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 24 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 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 25 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 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 26 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; 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 27 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. 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.] 28 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 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, 29 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. 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. 30 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. 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 31 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 SEWER VACUUM, HYDRO-EXCAVATION, AND STREET SWEEPER 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 #122017 FORM D Formal Offering of Proposal (To be completed only by the Proposer) SEWER VACUUM, HYDRO-EXCAVATION, AND STREET SWEEPER EQUIPMENT, WITH RELATED ACCESSORIES AND SUPPLIES In compliance with the Request for Proposal (RFP) for SEWER VACUUM, HYDRO-EXCAVATION, AND STREET SWEEPER 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 #122017 ______________________________________________________ ___________________________________________________________________ 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 #122017 NJPA Authorized signature: ________________________________ ________________________________________ NJPA Board Member (Name printed or typed) Executed this ______ day of __________________________, 20___________ NJPA Contract Number #122017 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 #122017 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 SEWER VACUUM, HYDRO-EXCAVATION, AND STREET SWEEPER 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 the top three market differentiators of your products/services relative to the industry. 20) Identify how your products, services and supplies address the scope of this RFP. Signature: ___________________________________________________________Date: _______________________ 44 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 45 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 wr iting 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 46 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. 47 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 48 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 City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 21-489,Version:1 REPORT TO THE CITY COUNCIL April 28, 2021 FROM:BRYON HORN, Chief Information Officer Information Services Department BY:DENNIS JONES, Systems & Applications Manager Information Services Department SUBJECT Approve the First Amendment to the Software as a Service Agreement with Tyler Technologies,Inc. for implementation and hosting of Financials,Human Capital Management and Utility Billing software in the amount of $0.00. RECOMMENDATION Staff recommends the City Council approve the First Amendment (Amendment)to the Software as a Service Agreement (Agreement)with Tyler Technologies,Inc.(Tyler)for implementation and hosting of Financials, Human Capital Management and Utility Billing software in the amount of $0.00. BACKGROUND On January 28,2021,Council approved a Software as a Service Agreement between the City of Fresno (City)and Tyler Technologies,Inc.After review,it was determined that a scope of work previously reviewed and approved between the City and Tyler was missing from the final contract document package.Additionally,Tyler is replacing language in one section to more accurately reflect the use of project management and integrated change management on this project. There is no additional cost or monetary impact as a result of this Amendment to the Agreement. ENVIRONMENTAL FINDING This item is not a project as defined by the California Environmental Quality Act. LOCAL PREFERENCE Local preference does not apply because this is an amendment to an existing agreement. City of Fresno Printed on 4/21/2021Page 1 of 2 powered by Legistar™ File #:ID 21-489,Version:1 FISCAL IMPACT This amendment will have no impact to the Information Services Department’s (ISD)Systems Replacement Fund (54003) or the General Fund. Attachments: Tyler Amendment City of Fresno Printed on 4/21/2021Page 2 of 2 powered by Legistar™ AMENDMENT This amendment (“Amendment”) is effective as of the date of signature of the last party to sign as indicated below (“Amendment Effective Date”), by and between Tyler Technologies, Inc., a Delaware corporation with offices at 840 West Long Lake Road, Troy, MI 48098 (“Tyler”) and the City of Fresno, a California municipal corporation, with offices at 2600 Fresno Street, Room 1059, Fresno, CA 93721 (“Client”). WHEREAS, Tyler and the Client are parties to a License Agreement with an effective date of January 29, 2021 (the “Agreement”); WHEREAS, Tyler and Client now desire to amend the Agreement; NOW THEREFORE, in consideration of the mutual promises hereinafter contained, Tyler and the Client agree as follows: 1. The attached Appendix 4 is hereby added to Exhibit F. 2. Paragraph 2.6 of Exhibit B is hereby deleted in its entirety and replaced with the following language: “2.6 Other Services: Dedicated Project Management and Integrated Change Management services, if any, will be billed monthly in arrears, beginning on the first day of the month immediately following the initiation of project planning.” 3. This Amendment shall be governed by and construed in accordance with the terms and conditions of the Agreement. All other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, a duly authorized representative of each party has executed this Amendment as of the date of signature of the last party to sign as indicated below. Tyler Technologies, Inc. City of Fresno, a California municipal corporation By: By: Name: Name: Title: Title: Date: Date: Approved as to Form: By: Attest: By: Robert Kennedy-Jensen Director of Contracts Mar 30, 2021 DocuSign Envelope ID: 3EFC2DBC-EFDF-4159-A0D4-943A4E9292DB 4/14/2021 Appendix 4 Koa Hills Statement of Work REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DocuSign Envelope ID: 3EFC2DBC-EFDF-4159-A0D4-943A4E9292DB MUNIS DATA CONVERSION SCOPE OF WORK Munis Finance Data Conversion Assistance Scope of Work Introduction Data conversion is an important activity to improve data storage and retrieval processes, ensuring that data is converted with minimal effort, in a well-planned and organized manner. It is beneficial to use proven solutions and methods, so that users will be able to make an informed decision on the solution to be implemented for data conversion. This effort will utilize a defined process to convert data from a legacy system format through flat file extracts to Tyler Technologies’ system. Business rule logic will be applied to legacy flat file data as necessary for data conversion. This process allows for a one-to-one or many- (legacy system) to- one (Tyler) system, however it does not provide a method for one-to-many mapping as part of the data conversion process. Modules Included 1. General Ledger – Validated against Chart of Accounts a. Actuals b. Budgets 2. Project Grant Accounting a. Actuals b. Budgets c. Standard 3. Accounts Payable and Checks a. Vendors b. Checks c. Invoices 4. Capital Assets 5. Purchasing a. Standard Open POs 6. Contracts 7. General Billing a. Bills b. Recurring Invoices DocuSign Envelope ID: 3EFC2DBC-EFDF-4159-A0D4-943A4E9292DB MUNIS DATA CONVERSION SCOPE OF WORK c. Standard Customers Project Scope Koa Hills will work in conjunction with Tyler Technologies and the City of Fresno, CA to determine the data conversion plan, to convert the data for the above modules. The plan will outline the conversion of legacy data by extracting the data from the legacy system into the standardized Munis format along with a plan to load data into the Munis system, in a repeatable and verifiable manner using our established data conversion methodology. If the data import option is used a change order may be necessary. The City of Fresno, CA will choose the data window timeframe to convert into the Tyler systems. Converting “current” data rather than all historical data is recommended, due to data format modifications in the legacy system. The timeframe for the data to be converted into the Tyler systems should match the timeframe from the Tyler contract. Koa Hills will lead the data mapping and will apply business rules to filter or modify data, as necessary. This process will proceed in an iterative manner, so that when new data is created in the legacy system it will flow easily during the conversion process. Koa Hills will assist the City of Fresno, CA with data validation between systems, as needed, once the data has been loaded into Tyler systems. Project Plan Koa Hills will: 1. Clearly define the scope of the project 2. Actively refine the scope through targeted profiling and auditing 3. Minimize the amount of data to be converted 4. Meet with the City of Fresno, CA to understand any data issues which may need special mapping 5. Map legacy data into new Tyler formats, as needed 6. Provide data clean-up services, as needed 7. Define a realistic timeline, based on knowledge of data issues 8. Secure sign-off on each stage from a senior business representative 9. Prioritize modules for conversion with a top-down, target-driven approach 10. Aim to volume-test all data in the scope as early as possible at the unit level 11. Allow time for volume testing and issue resolution 12. Segment the project into manageable, incremental chunks 13. Keep a total focus on the business objectives and cost/benefits throughout Once a go-live date has been chosen, the data conversion will be broken up into prioritized work DocuSign Envelope ID: 3EFC2DBC-EFDF-4159-A0D4-943A4E9292DB MUNIS DATA CONVERSION SCOPE OF WORK groups to facilitate manageable segments of the project. A data conversion tracking document will be created and shared, to facilitate the data conversion team’s ability to achieve a successful go-live date. The Tyler Technologies conversion team will upload the data provided and return modification requests to be applied during the following data load. The expectation is that the converted data per module will improve between iterations, so that 100% of the legacy data will be present in Tyler systems for validation. As with all data conversions, the integration between the data owners and the technology team is critical for a successful project. Koa Hills will keep the lines of communication open and transparent throughout the process. Roles and Responsibilities Conversion task Responsible Party Data Conversion planning Koa Hills, Tyler, City of Fresno, CA Provide legacy system documentation City of Fresno, CA Data mapping Koa Hills, City of Fresno, CA Extract legacy data Koa Hills, City of Fresno, CA Run proofing reports in legacy system City of Fresno, CA Ensure data is in Tyler format Koa Hills Clean up data formatting Koa Hills Submit legacy data to Tyler Koa Hills DocuSign Envelope ID: 3EFC2DBC-EFDF-4159-A0D4-943A4E9292DB MUNIS DATA CONVERSION SCOPE OF WORK Convert legacy data and deliver to client Tyler Load Conversion data and review in Tyler system (test) City of Fresno, CA, Koa Hills as needed Refine legacy data and submit to Tyler (final) Koa Hills Convert legacy data and deliver to client (final) Tyler Load Conversion data and review in Tyler system (final) City of Fresno, CA, Koa Hills as needed Final approval of converted data City of Fresno, CA Load data (final) City of Fresno, CA, Koa Hills as needed System Access Koa Hills will require system access promptly when the project begins so that all timeline objectives are met. Please keep this in mind for project planning. This SOW is in addition to the contracted amount from Tyler conversion fees. If the City of Fresno, CA would like to change the scope of Conversion from the original agreement, please contact your Tyler sales representative. The expectation is that KHC will have full access to your data during this project. Note that travel is billed as incurred and not included in this SOW. A detailed estimate may be provided upon request. The lack of system documentation and/or required schemas of the legacy system may require additional professional services. DocuSign Envelope ID: 3EFC2DBC-EFDF-4159-A0D4-943A4E9292DB UTILITY BILLING DATA CONVERSION SCOPE OF WORK Tyler Utility Billing Data Conversion Assistance Scope of Work Introduction Data conversion is an important activity to improve data storage and retrieval processes, ensuring that data is converted with minimal effort, in a well-planned and organized manner. It is beneficial to use proven solutions and methods, so that users will be able to make an informed decision on the solution to be implemented for data conversion. This effort will utilize a defined process to convert data from a legacy system format through flat file extracts to Tyler Technologies’ system. Business rule logic will be applied to legacy flat file data as necessary for data conversion. This process allows for a one-to-one or many- (legacy system) to- one (Tyler) system, however it does not provide a method for one-to-many mapping as part of the data conversion process. Modules Included 1. Utility Billing a. Balance Forward A/R b. Consumption History c. Flat Inventory/Containers d. Service Orders e. Services f. Standard Project Scope Koa Hills will work in conjunction with Tyler Technologies and the City of Fresno, CA to determine the data conversion plan, to convert the data for the above modules. The plan will outline the conversion of legacy data by extracting the data from the legacy system into the standardized Munis format along with a plan to load data into the Munis system, in a repeatable and verifiable manner using our established data conversion methodology. If the data import option is used a change order may be necessary. The City of Fresno, CA will choose the data window timeframe to convert into the Tyler systems. DocuSign Envelope ID: 3EFC2DBC-EFDF-4159-A0D4-943A4E9292DB UTILITY BILLING DATA CONVERSION SCOPE OF WORK Converting “current” data rather than all historical data is recommended, due to data format modifications in the legacy system. The timeframe for the data to be converted into the Tyler systems should match the timeframe from the Tyler contract. Koa Hills will lead the data mapping and will apply business rules to filter or modify data, as necessary. This process will proceed in an iterative manner, so that when new data is created in the legacy system it will flow easily during the conversion process. Koa Hills will assist the City of Fresno, CA with data validation between systems, as needed, once the data has been loaded into Tyler systems. Project Plan Koa Hills will: 1. Clearly define the scope of the project 2. Actively refine the scope through targeted profiling and auditing 3. Minimize the amount of data to be converted 4. Meet with the City to understand any data issues which may need special mapping 5. Map legacy data into new Tyler formats, as needed 6. Provide data clean-up services, as needed 7. Define a realistic timeline, based on knowledge of data issues 8. Secure sign-off on each stage from a senior business representative 9. Prioritize modules for conversion with a top-down, target-driven approach 10. Aim to volume-test all data in the scope as early as possible at the unit level 11. Allow time for volume testing and issue resolution 12. Segment the project into manageable, incremental chunks 13. Keep a total focus on the business objectives and cost/benefits throughout Once a go-live date has been chosen, the data conversion will be broken up into prioritized work groups to facilitate manageable segments of the project. A data conversion tracking document will be created and shared, to facilitate the data conversion team’s ability to achieve a successful go-live date. The Tyler Technologies conversion team will upload the data provided and return modification requests to be applied during the following data load. The expectation is that the converted data per module will improve between iterations, so that 100% of the legacy data will be present in Tyler systems for validation. As with all data conversions, the integration between the data owners and the technology team is critical for a successful project. Koa Hills will keep the lines of communication open and transparent throughout the process. DocuSign Envelope ID: 3EFC2DBC-EFDF-4159-A0D4-943A4E9292DB UTILITY BILLING DATA CONVERSION SCOPE OF WORK Roles and Responsibilities Conversion task Responsible Party Data conversion planning Koa Hills, City of Fresno, CA Provide legacy system documentation City of Fresno, CA Data mapping Koa Hills, City of Fresno, CA. as needed Extract legacy data Koa Hills, City of Fresno, CA. as needed Run proofing reports in legacy system City of Fresno, CA Ensure data is in Tyler format Koa Hills Clean up data formatting Koa Hills Submit legacy data to Tyler Koa Hills Convert legacy data and deliver to client Tyler Load conversion data and review in Tyler system (test) City of Fresno, CA, Koa Hills as needed Refine legacy data as needed and submit to Tyler (final) Koa Hills Convert legacy data and deliver to client (final) Tyler DocuSign Envelope ID: 3EFC2DBC-EFDF-4159-A0D4-943A4E9292DB UTILITY BILLING DATA CONVERSION SCOPE OF WORK Load conversion data and review in Tyler system (final) < City of Fresno, CA, Koa Hills as needed Final approval of converted data City of Fresno, CA Load data (final) City of Fresno, CA, Koa Hills as needed System Access Koa Hills will require system access promptly when the project begins so that all timeline objectives are met. Please keep this in mind for project planning. This SOW is in addition to the contracted amount from Tyler conversion fees. If the City of Fresno, CA would like to change the scope of conversion from the original agreement, please contact your Tyler sales representative. Expectation is that Koa Hills Consulting will have full access to your data during this project. Note that travel is billed as incurred and not included in this SOW. A detailed estimate may be provided upon request. The lack of system documentation and/or required schemas of the legacy system may require additional professional services. DocuSign Envelope ID: 3EFC2DBC-EFDF-4159-A0D4-943A4E9292DB MUNIS DATA CONVERSION SCOPE OF WORK Tyler Munis HCM Data Conversion Assistance Scope of Work Introduction Data conversion is an important activity to improve data storage and retrieval processes, ensuring that data is converted with minimal effort, in a well-planned and organized manner. It is beneficial to use proven solutions and methods, so that users will be able to make an informed decision on the solution to be implemented for data conversion. This effort will utilize a defined process to convert data from a legacy system format through flat file extracts to Tyler Technologies’ system. Business rule logic will be applied to legacy flat file data as necessary for data conversion. This process allows for a one-to-one or many- (legacy system) to- one (Tyler) system, however it does not provide a method for one-to-many mapping as part of the data conversion process. Modules Included 1. Human Resources a. Certifications b. Education c. PM Action History d. Position Control e. Recruiting 2. Payroll a. Accrual Balances b. Accumulators c. Check History d. Deductions e. Earnings and Deduction history f. Standard Project Scope Koa Hills will work in conjunction with Tyler Technologies and the City of Fresno, CA to determine the data conversion plan, to convert the data for the above modules. The plan will outline the conversion of legacy data by extracting the data from the legacy system into the standardized Munis DocuSign Envelope ID: 3EFC2DBC-EFDF-4159-A0D4-943A4E9292DB MUNIS DATA CONVERSION SCOPE OF WORK format along with a plan to load data into the Munis system, in a repeatable and verifiable manner using our established data conversion methodology. If the data import option is used a change order may be necessary. The City of Fresno, CA will choose the data window timeframe to migrate into the Tyler systems. Converting “current” data, rather than all historical data is recommended, due to data format modifications in the legacy system. The timeframe for the data to be converted into the Tyler systems should match the timeframe from the Tyler contract. Koa Hills will lead the data mapping and will apply business rules to filter or modify data, as necessary. This process will proceed in an iterative manner, so that when new data is created in the legacy system it will flow easily during the conversion process. Koa Hills will assist the City of Fresno, CA with data validation between systems, as needed, once the data has been loaded into Tyler systems. Project Plan Koa Hills will: 1. Clearly define the scope of the project 2. Actively refine the scope through targeted profiling and auditing 3. Minimize the amount of data to be converted 4. Meet with the City to understand any data issues which may need special mapping 5. Map legacy data into new Tyler formats, as needed 6. Provide data clean-up services, as needed 7. Define a realistic timeline, based on knowledge of data issues 8. Secure sign-off on each stage from a senior business representative 9. Prioritize modules for conversion with a top-down, target-driven approach 10. Aim to volume-test all data in the scope as early as possible at the unit level 11. Allow time for volume testing and issue resolution 12. Segment the project into manageable, incremental chunks 13. Keep a total focus on the business objectives and cost/benefits throughout Once a go-live date has been chosen, the data conversion will be broken up into prioritized work groups to facilitate manageable segments of the project. A data conversion calendar will be created and shared, to facilitate the data conversion team’s ability to achieve a successful go-live date. The Tyler Technologies conversion team will upload the data provided and return modification requests to be applied during the following data load. The expectation is that the converted data per module will improve between iterations, so that 100% of the legacy data will be present in Tyler systems for validation. DocuSign Envelope ID: 3EFC2DBC-EFDF-4159-A0D4-943A4E9292DB MUNIS DATA CONVERSION SCOPE OF WORK As with all data conversions, the integration between the data owners and the technology team is critical for a successful project. Koa Hills will keep the lines of communication open and transparent throughout the process. Roles and Responsibilities Conversion task Responsible Party Data conversion planning Koa Hills, City of Fresno, CA Provide legacy system documentation City of Fresno, CA Data mapping Koa Hills, City of Fresno, CA Extract legacy data Koa Hills, City of Fresno, CA Run proofing reports in legacy system City of Fresno, CA Ensure data is in Tyler format Koa Hills Clean up data formatting Koa Hills Submit legacy data to Tyler Koa Hills Convert legacy data and deliver to client Tyler Load conversion data and review in Tyler system (test) City of Fresno, CA, Koa Hills as needed DocuSign Envelope ID: 3EFC2DBC-EFDF-4159-A0D4-943A4E9292DB MUNIS DATA CONVERSION SCOPE OF WORK Refine legacy data and submit to Tyler (final) Koa Hills as needed Convert legacy data and deliver to client (final) Tyler Load conversion data and review in Tyler system (final) City of Fresno, CA, Koa Hills as needed Final approval of converted data City of Fresno, CA Load data (final) City of Fresno, CA, Koa Hills as needed System Access Koa Hills will require system access promptly when the project begins so that all timeline objectives are met. Please keep this in mind for project planning. This SOW is in addition to the contracted amount from Tyler conversion fees. If the City of Fresno, CA would like to change the scope of conversion from the original agreement, please contact your Tyler sales representative. The expectation is that Koa Hills will have full access to your data during this project. Note that travel is billed as incurred and not included in this SOW. A detailed estimate may be provided upon request. The lack of system documentation and/or required schemas of the legacy system may require additional professional services. DocuSign Envelope ID: 3EFC2DBC-EFDF-4159-A0D4-943A4E9292DB Fresno CA Amendment Koa Hills SOW 020521 Final Audit Report 2021-03-30 Created:2021-03-30 By:John Wright (john.wright@tylertech.com) Status:Signed Transaction ID:CBJCHBCAABAALdvmCE2kX_YoOX2nN7rpQ6KO2rCOll7m "Fresno CA Amendment Koa Hills SOW 020521" History Document created by John Wright (john.wright@tylertech.com) 2021-03-30 - 6:55:30 PM GMT- IP address: 68.42.251.146 Document emailed to Robert Kennedy-Jensen (rob.kennedy-jensen@tylertech.com) for signature 2021-03-30 - 6:56:16 PM GMT Email viewed by Robert Kennedy-Jensen (rob.kennedy-jensen@tylertech.com) 2021-03-30 - 7:13:49 PM GMT- IP address: 207.182.208.2 Document e-signed by Robert Kennedy-Jensen (rob.kennedy-jensen@tylertech.com) Signature Date: 2021-03-30 - 7:14:04 PM GMT - Time Source: server- IP address: 207.182.208.2 Agreement completed. 2021-03-30 - 7:14:04 PM GMT DocuSign Envelope ID: 3EFC2DBC-EFDF-4159-A0D4-943A4E9292DB City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 21-535,Version:1 REPORT TO THE CITY COUNCIL April 28, 2021 FROM:PACO BALDERRAMA, Chief of Police Police Department BY:PATRICK FARMER, Deputy Police Chief Investigations Division SUBJECT Actions pertaining to the 2021 Law Enforcement Specialized Unit Program: 1.Authorize acceptance of $203,143 in grant funding from the California Governor’s Office of Emergency Services’Law Enforcement Specialized Unit Program to the Fresno Police Department 2.Approve a Memorandum of Understanding with the Marjaree Mason Center RECOMMENDATION Staff recommends that Council approve acceptance of $203,143 in grant funding from the California Governor’s Office of Emergency Services (CalOES)Law Enforcement Specialized Unit (LE)Program for the Fresno Police Department’s Domestic Violence (DV)Unit within the Family Justice Bureau (Domestic Violence grant);approve a Memorandum of Understanding (MOU)with the Marjaree Mason Center (MMC)as identified in the LE Program grant agreement;and authorize the Chief of Police to enter into and execute the agreements,amendments,extensions and modifications and all required documents. The grant funds have been budgeted in the FY 2022 budget. EXECUTIVE SUMMARY The City of Fresno has been awarded grant funds of $203,143 from CalOES to augment the current capabilities of the DV Unit.The grant period is from January 1,2021,to December 31,2021.The goal of the LE Program grant is to work in partnership with the MMC for the purpose of providing maximum available assistance for victims of domestic violence and their children within the City of Fresno.The program will allow for the addition of two victim advocates.This will meet the need for immediate response to victims and their families and provide resources to them as soon as law enforcement is notified of the incident.The grant funds will be used to fund the additional victim advocates and enhance the DV Unit by addressing violence against victims through investigation, immediate response, immediate victim advocacy, and training for law enforcement officers. City of Fresno Printed on 4/21/2021Page 1 of 2 powered by Legistar™ File #:ID 21-535,Version:1 BACKGROUND The Domestic Violence grant will allow us to expand our current capacity in response to victims and their children.With this funding,we are requesting to add two additional domestic violence victim advocates.With two additional advocates the City will allow advocate coverage for evening hours and weekends.The advocates will be assigned to the field and respond with patrol officers to calls for service related to domestic violence.By creating this quick response,victims will feel as though they have instantaneous help and reassurance that law enforcement cares and is doing everything possible to support them.Additionally,victims of domestic violence and their children will have immediate resources available through the MMC,such as emergency housing,provided crisis intervention,advocacy,support groups,counseling,legal advocacy,24-hour crisis hotline,survival skills,legal options classes,and referrals.This grant program will allow us to expand our capabilities as an agency to reach out to all victims and ensure that services are offered and encouraged for all victims. The MOU with the MMC has been reviewed and approved by the City Attorney’s Office. ENVIRONMENTAL FINDINGS This is not a “project” for the purposes of CEQA, pursuant to CEQA Guidelines Section 15378. LOCAL PREFERENCE Local preference was not considered because accepting grant funds does not include a bid or award of a construction or service contract. FISCAL IMPACT There will be no net impact to the general fund.The grant provides full cost recovery for all operations,training and supplies for this program.Advocates hired by the Marjaree Mason Center are contracted for the one-year performance period of the grant.At the conclusion,they will return to MMC to work on other projects.Expenses will be claimed and reimbursed on a quarterly basis.This funding will enable the Fresno Police Department to enhance its current capabilities and response to victims of domestic violence within the City of Fresno. Attachment:Grant Agreement MOU Agreement with Marjaree Mason Center City of Fresno Printed on 4/21/2021Page 2 of 2 powered by Legistar™ NOTIFICATION OF APPLICATION APPROVAL Law Enforcement Specialized Units Program Subaward #: LE20 04 6675, Cal OES ID: 019-27000 Dear Mr. Farmer: Patrick Farmer, Police Deputy Chief Fresno, City of P.O. Box 1271 Fresno, CA 93715-1271 Subject: January 4, 2021 3650 SCHRIEVER AVENUE l MATHER, CALIFORNIA 95655 TELEPHONE: (916) 845-8112 VICTIM SERVICES & PUBLIC SAFETY BRANCH GAVIN NEWSOM GOVERNOR MARK S. GHILARDUCCI DIRECTOR Congratulations! The California Governor's Office of Emergency Services (Cal OES) has approved your application in the amount of $203,143, subject to Budget approval. A copy of your approved subaward is enclosed for your records. Cal OES will make every effort to process payment requests within 45 days of receipt. This subaward is subject to the Cal OES Subrecipient Handbook. You are encouraged to read and familiarize yourself with the Cal OES Subrecipient Handbook, which can be viewed on Cal OES website at www.caloes.ca.gov. Any funds received in excess of current needs, approved amounts, or those found owed as a result of a close-out or audit, must be refunded to the State within 30 days upon receipt of an invoice from Cal OES. Should you have questions on your subaward please contact your Program Specialist. VSPS Grants Processing Enclosure c: Subrecipient's file DocuSign Envelope ID: 45AED6EA-3EFC-41A7-97D7-F464D9889009 1/4/2021 1/4/2021 VSPS Budget Summary Report 01/04/21 F/S/L (Funding Types): F=Federal, S=State, L=Local Match Paid/Expended=posted in ledger w/Claim Schedule, Pending=Processed, but not yet in Claim Schedule Total Local Match: 0 F/S/L F/S/L F/S/L Funding Source Funding Source Funding Source 67,714 Budget Amount Budget Amount Budget Amount Paid/Expended Paid/Expended Paid/Expended A. Personal Services - Salaries/Employee Benefits B. Operating Expenses C. Equipment Balance Balance Balance 67,714 20STOP 20STOP 20STOP 20STOP 20STOP 20STOP F L F L F L 0 0 0 0 0 0 83,055 67,714 120,088 0 0 0 83,055 67,714 120,088 0 0 0 Law Enforcement Specialized Units Program Fresno, City of LE20 Law Enforcement Specialized Units Program Total Funded: Total Project Cost: 0 203,143 203,143 0 270,857 270,857 Budget Amount Paid/Expended Balance 0 0 0 150,769 120,088 0 150,769 120,088 0 Total A. Personal Services - Salaries/Employee Benefits: Total B. Operating Expenses: Total C. Equipment: Pending Pending Pending Pending Balance Pending Balance Pending Balance 0 0 0 0 0 0 83,055 67,714 120,088 0 0 0 0 0 0 150,769 120,088 0 0 67,714 0 203,143 0 270,857 Pending Pending Balance Performance Period: 01/01/21 - 12/31/21 blank filler blank filler blank filler Subaward #: LE20 04 6675 Latest Request: , Not Final 201 MEMORANDUM OF UNDERSTANDINGThis Memorandum of Understanding (MOU), effective as of January 1, 2021, isentered into by and betrveen the CITY OF FRESNO, CALIFORNIA, a municipalcorporation (Cig), and the MARJAREE MASON CENTER, lNC., a California nonprofitcorporation (MMC).RECITALS\ /I-IEREAS, üre City has submitted to the California Govemofs Office ofEmergency Serviæs (Cal OES), Law Enforcement Specialized Unit Program 2021 GrantFunding Cycle - Law Enforcement Specialized Unit Program (the Program), anapplication for $203,143 in grmt funds for Planning whicfi is incorporated herein; andW{EREAS, the Program is focused on enhancing the specialÞed unit, withemphasis on improving coordinated response b vídims of domestíc viofence and theirchildren, and the City's application proposes to increase the Fresno Polioe Department's(FPD) ability to respond to these populations; and\ /I'IEREAS, upon arrard of grant funds and entry into a grant agreement withCaIOES (Grant) consistent with the Program, tfp City intends to work in partnership withMMC for the purpose of providing additional assistance for victims of domestic violenceand their children within the City of Fresno, including addrcssirq violence against victims,using a combination of investigation, immediate response, immediate vic{im advocacy,and training for law enforcemer¡t office¡s; andWHEREAS, the City and MMC believe implementation of the Program asdescribed herein will further the above goals and agree to coordinate and provide theservices referenced herein.AGREEMENTNOW THEREFORE, ín considerat¡on of the above recitals, lvhich recitals arecontractual in nature, the mutual covenants herein contained, and sudl other and furtherconsideration as is hereby acknorvledged, and subject to the terms and conditions andprovisions of the Prognam and this MOU, the parties mutually agree as follows:1 . PARTIC'PATING AGENCIES AND DESIGT{ATED CONTACT PERSONSFresno Police DepartmentFamily Justice BureauSgt. Leslie Wlliams2323 Mariposa MallFresno, CA 93721ROLES ANÐ RESPONSIBILITIESFresno Police Department:The FPD, subjectto all applicable federal, state, and local laws, shallMarjaree Mason Center, lnc.Leticia Campos, Deputy Director16æ "M" St.Fresno, CA 9372121A. B.i. Act as the lead 4ency in æordinating tfie ac{ivities of the LawEnforcement Specialized Unit Program to target domestic violence victimsand their children.ii. ldentify victims and families to be served by this grant.iii. Detec{ives shall provide specialized investigation intodomestic violence cases to enhance the prob*ility of successfulprosecution.iv. Provide training on police procedures, office space, officefurniture, orffiæ supplies and telephones to the MMC Advocates describedbelow.v. Atend monthly meetings to assess progress and findsolutions to problems.Mariaree Mason Center. lnc.MMC shall:i. Recruit, hire train srd s¡¡pervise two full-{ime Advocetes, asset forth in fr¡rther detail in C. belw, wh¡ch will be assigred to FPÐ andconcentrating on domestic vioþnce investigatbns.a. One Advocate will be required to respond oninvestigationswith officers Friday-Sunday,2:00 pm - 10:30 pm, andshall coordinate with the DVU Sergeant, detectives and officers forcase follow-up and immediate callout response after hours ofnormal operation.b. One Advocate will be required to respond oninvestioations wifl'r officers Mondav-Fridav. 8:30 am - 5 om. and shallcoordinate with the DVIJ Serqeant. detectives and off¡cers for casefollow-up.c. ln the event the "FPD assigned" Advocates are notavailable: officers will have access and the suooort of the MMC CrisisResponse Team - Naviqators. Throuoh the lvlM0 Navioators. thevgan also provide follow uo and resoonse to those vic-tims that areeither directlv brouoht into MMC bv officers: and/or resognd out inthe field when contacted bv an offiær via the 24fl hotline. and inneed of Advocate supoort.d. 1OO% of the salary for two fulþtime Advocates areeligible costs incuned by MMC for æmpensation from Grant moniesavailable to MMC in Section 3, belour.ii. MMC shall provide training to Specialized Unit Programadvocates on advocaey prooedures.iii. Attend monthly meetings with FPD staff to assess progressand find solutions to problems.2 iv, Cooperate with FPD and Auditor in preparation of theProgram Evaluation and all reporting requirements.C. Rqquirements of Advocates¡. MMC shall reçruit, hirc, bain and supervise two Advocates.These Advocates shall serve as outreach aide for vic'tims as identified byFPD and provide crisis intervention, advocacy, resouroe and refenalassistance, resfaining order assistance, and follotr-tp services.¡¡. MMC shall provide refened clients with access to allappropriate MMC services incfuding shelter, support grcups, counseling,legal advocâGy, twenty-four hour crisis hotline, survival skills, legal optionsclasses, and information and referral.iii. MMC domestic violence Advocates must meet the applicablerequirements of a domestic violence counselor as defined by the EvidenceCode 51037-1037 .7 . Advocates mus't have training/experience in assistingvictims with the paperwork rìecessary to obtain a restraining order.iv. n¡frC victr¡n Adt,ocate(s) funded lpreunder must meetProgram Entry-Level Advocates Stan&rds and have completed anadditional forty hours of specific dornestic violence arxd/or sexual assaulttraining.v. MMC vic{im Advocate(s) must comply with all regulationspertaining to Federal Drug/Alcohol testing.3. REIMBURSEMENT FOR PROGRAM ACTMITIESFor the aforementioned services, the Cíty agrees to reimburse MMC solely fomallocated and available Program Grant funds for eligible costs incr¡ned by MMC,in an amount not to exceed $106,376, in accordance with the Program budgetsubmitted by City for the 2021 Program performance period funding of this MOU(attached hereto as Exhibit A and incorporated herein by referenæ). Any futuregrant funding will be agreed upon between City, MMC and CaIOES through theannual reapplication process.Any future applications and award of funds tor 2421 Program funding cycle shallbe by written amendment to this MOU and signed by both parties.Payment of said bill shall Þ contingent on Cit¡/s receipt of any reports andsubstantiation materials reasonably requested by the City.lf MMC should fail to comply with any provision of the Agreernent, the City shall berelieved of its obligation for further compensation.4. EFFECTIVENESS AND DURATIONThe effectiveness of this MOU is contingent upon City reæivíng the Grant award.The participating agency signing this MOU shall be committed to the GrantProgram for the er¡tire tunding cycle commencing January 1,2O21 and endingDecember 31,2O21. Each twelve-month period of this MOU will be for the thencunent Program year and annual Grant period, and will be subject to Cal OESJ approval, through a Grant application for continued funding. MMC acknowledgesand agrees that continued funding is dependent upon satisfaciory performanceand availability of funds.5. TARGET POPULATIONServices provided under this Program shall be directed to vic{ims involved indomestic violence incidents, and their families, that are residents of the City ofFresno.6. RESOURCES TO BE CONTRIBUTED BY EACH PARTYFresno City Police Deoartrnento One domestic violence investigator;o A Police Sergeant to provide on-site supervision of the domestic violenceunit;r Office space, telephone, vehicles for detectives, orffice supplies; and. Office space, access to vehicles, computer and telephone for theadvocates.Mariaree Mason Center. lnc.o Two Advocates;r MMC to provide shelter and other assistanæ to victims;. Supervision and üraining by Proþct Direc*or; ando Access for victims, as identiFed by FPD, to needed ì,hlG services withinexisting policies and procedures.7. RECORDKEEPING AND PERFORMANCE DATAMMC shall keep proper records and submit to the City each çrarter the followingdata:Number of Victims - Proper documentation of the number of vicfims served, callsfor service, including nurnber of cases reported, counseled, provided shelter andother assistanc€ and arryotfer inbrmation required by the grantoragency.8. FINANCIAL REPORTING, AUDITING AND DOCUMENT RETENTIONMMC shall submit a monthly bill to FPD for the elþible expenses incuned inproviding the serviæs of the advocates. Bill¡ng documentation shall include thefollowing:(i) A breakdorn of expenditures by cost category;(¡i) Maintain copies of all purchase orders and requisitions; and(i¡i) Proof of payment for eligible experditures.MMC agrees to provide a substantiatim and supportfor services, fees, costs andexpenses upon the reasonóle req¡estof the Agency br a period of not less thanthree years after final closeout of üre grant by the grantor agency. Records ofMMC's expenses pertaining to their respective services shall be kept on a4 generally reægnized accomt¡ng basis and slnll be available to the City or itsauthorized rryresentatives upon reqtrest during regular business hours throughoutthe life of the MOU and for a period of three years afrer final closeout. ln addition,all books, documents, papers, and records of MMC pertaining to their respectiveservices shall be available for the purpose of making audits, examinations,excerpts, and transcriptions for the same period of time.9. TERMINAT¡ONThe term of the MOU is for one year, comrnencing January 1,2A21, and endingDecember 31,2O21, with any subsequent years contingent on the reapplicationprocess and approval by GalOES. For purpses of this MOU, each respectiveProgram year and Grant period will be for 12 rnonths as follows:Program Fundino Cvcle2021Prooram Year and Grant PeriodJanuary 1,2021 - December 31 , 2021Notwithstanding the foregoing, this MOU shall automatically suspend or terminateupon City's written notice to MMC of any of the follorirg everÉs: (i) Programtermination, (ii) any non-appropriation or rpn-allocation of Program fundingrequired in pursuit hereof, (iii) MMC's illegal or improper use of funds, (iv) MMC'sfailure to comply with any term of this MOU, (v) MMC's submittal of anysubstantially inconed or incomplete itemized invoice required for reimbursement,(vi) MMC's failure to comply with Federal DrugüAlcohol regulations, or (vii) MMC'sfailure to comply with any rypticable provisions of the Grant. Nothing in this MOUshall commit the taxing authority or general fund of the City.MMC may tenninate this MOU upon ffrirty days prior written notice the City in theevent of either of the following: (i) non-appropriation by MMC's goveming body ofsufficient funds to perform its obligations urder this MOU; or (ii) substantialfailureof CÍty to compty wfth any term of this MOU. Notwfthstanding the above, prior toterminating this MOU for substantial failure of Ctty to comply with any term of thisMOU, MMC shall provide City written notice of the failure to comply and allow fora fifteen day anre perbdfor City to substantially comply.ln no event shall any payment by City constitute a waiver by City of any breach ofthis MOU or any default which may then exist on the part of MMC- Neither shallsuch payment impair or preitrdice æy rernedy availabþ to the City with respect tothe breach or default. The Cþ shall have the right to demand of MMC therepayment to the City of any funds respectively disbursed to MCC under this MOU,which in the judgment of the City were not expended in accordance with the termsof this MOU. MMC, respectively, shall promptly refund any such funds upondemand.10. COMPLIANCE \MTH GOVERNING I.AWAND GRANT5 The parties shall at all times æmply with all applicåle laws d the United States,the State of Galifornia, and with all applicable reguldions prornulgated by federal,state, regional, or local adminisfative and regulatory agencies, nov in force andas they may be enacted, iszued, or amerded during the term of this MOU. MMCacknowledge receipt of a copy of the Grant and agrees to comply with all applicableprovisions thereof and oooperatewith City in meeting the requirements thereunder.The services provided by MMC under this MOU are over and above MMC'sbudgeted positions. The parties agree that Grar,*funds shalt not be used to replacefunds of, or positions otherwise funded by MMC.As applicable, costs and expenditurcs must be allovable in accordance with OMB2 C.F.R. Part 200, Subpart F; federal and state laws, rules and regulations, theterms of the program and the CaIOES Subrecþþnt Handbook.11. CAPACITY OF AGENCY AND MMCNothing in this MOU, and nothing in the course d dealings between MMC and theCity shall be deemed to create any fiduciary relationship, trust, partnership, jointventure, agencrl or empfiryment relationship.12. INSURANCE AND INDEMNIÏYA. INSURANCETIMTUU SCOPE OF INSURANCECoverage shall be at þast as broad as:1. The most cunent version of lnsuranæ Selvices O'trice (lSO) GommercialGeneral Liability Coverage Form CG 0O 01, providing liability coveragearising out of your business operations. The Commercial General Liabilitypolicy shallbewritten on an occurenæform and shallprovide coveragefor"bodily injury," "property damage" and'personal and advertising injury'' withcoverage for premises and operations (inclurdirg tfe use of owned and non-owned equipment), products and cornpleted operations, and contractualliability (including, without limitation, indemnþ obligations under theAgreement) with limits of liabilþ not less than those set forth under"Minimum Umits of lnsurance."2. The most currer¡t version of ISO *Commercial At¡to Cover4e Form CA 0001, providing liabilþ ooverage arising out of the ownership, maintenance oruse of automobiles in the course of your business operations. TheAutomobile Poliry shallbe written on an occurrenceform and shall provídecoverage for all orned, hired, and ncn-quned automobiles or other licensedvehicles (Code 1- Any Auto). lf personal automobiþ coverage is used, theC[fY, Íts orfficers, officíafs, empfoyees, agents and volunteers are to belisted as additional insurcds.3. Workers' Compensation insuranoe as required by the State of Califomiaand Employer's Liabil¡ty lnsurance.6 4. Social Services Lieifity or Professional Liability (Abuse & Molestation) thatinsures agøinst l¡ab¡l¡ty arising out of the bodily injury, persøral injury, andthird-party property damage oæuning because of thewrongfulor negligentacts attributable to the institution. This coverage should protec{ against awide range of potential claims, including but not limited to assault, verbaland/or physical atuse, sexual molestation and other sexual misconducts.HrNrnuH LTH]TS OF TNfiURANGqMMC, or any party the MMC subcontracts with, shall maintain limits of liability ofnot less than those setforth belotil. 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 anyinsurance proceeds availáleto fte named insured:1. COMIIERCIAL GENERAL UABIUTY:(i) $1,000,000 per oæurrence for bodily injury and property damage;(ii) $1,OOO,OO0 per oocunenoe for personal ffd advertising injury;(¡¡i) $2,000,000 aggregate for produc{s and com@ted operations; and,(¡v) $2,000,000 general aggregate applying separately to the workperfonned under the Agreement.COMIIERCIAL AUTOñIOBILE LIABILITY:$í,OOO,OO0 per aocifuit for bodily iniwy and property damage.WORKERS'COilPENSATION INSURANCE as required by the State ofCalifomia with statutory limits.EIIPLOYER'S LIABIUTY:(¡) $1,000,000 each accidentfor bodily injury;(¡i) $1,ffiO,OOO disease eadr employee; and,(i¡¡) $1,000,000 disease policy limit.Professional Uatilitv (Abuse & Molestation):(i) $1,000,000 per claim/occurence; and,(i¡) $2,00CI,000 policy aggegate.2345þ.CYBER LfAilUTY insurance with limits not less than(i) $1,0O0,O0Operc{airn/occurence; and,(íí) $2,000,000 pofícy aggregate.7 UHBREL¡.A OR EXCESS INSURANCEln the event MMC purctrases an Umbrella or Excess insurance policy(ies) to meetthe 'Minimum Limits of lnsurance," this insurance poliry(ies) shall Tollow form" andafford no less coverage than the primary insunance policy(ies). ln addition, suchUmbrella or Excess insunance policy(ies) shall also apply on a primary and non-contributory basis for tlp benefrt of tfp CITY, iûs officers, officials, employees,agents and volunteers.DEDUCnBLES Al,tD SELF{Í{SURED RETENflONSMMC shall be responsible for payment of any deductibles contained in anyinsurance policy(ies) required herein and MMC shall also be responsible forpayment of any selÊinsured retentions. Any deductibþs or self-insured retentionsmust be declared to on the Certificate of lnsunance, and 4proved by, the CITY'SRisk Manager or his/her desigree. At the option of the CITY'S Risk Manager orhis/her designee, either:(i) Tlp insurer shall reduoe or elirninate suoh deductibþs or self-insuredretentions as respeds CITY, its sfficers, ofücials, ernployees, agentsand volunteers; or(ii) MMC sl'rall provide a financial guariantee, satisfactory to CITY'S RiskManager or his/her designee, guaranteeing payment of losses andrelated investigations, claim administration and defense expenses.At no time shall CITY be responsble for the payment of anydeductibles or self-insured retentions.The General Liabilitv and Automobile Liabilitv insurance policies are to contain, orbe endorsed to contaín, the foffowirg provísions:1. CITY, its officers, officials, employees, agents and volunteers are to becovered as additional insureds. MMC shall establish additional insuredstatus for the Gþ and for all ongoing and completed operations by use ofISO Form CG 20 10 11 85 or both CG 20 10 10 0'l and CG 29 37 10 01 orby an e¡recuted manusøipt insurance company endorsernent providingadditional insured status as broad as that contairpd in ISO FormcG 20 10 11 85.2. The covenage shallæntain no speciallimitations on the scope of protectionafiorded to CITY, its orfficers, orfficials, employees, agents and volunteers,Any available insurance proceeds in excess of the specified rninimum limitsand coverage shall be available to the Additional lnsured.3. For any clairns relating to thisAgreement, MMC'S insurance coverage shallbe primary insurance with respect to the CITY, its officers, officials,employees, agents and volunteers. Any insurance or self-insurancemaintained by the CITY, its ofücers, officials, employees, agents and8 4volunteers shall be excess sf MMC'S insuranæ and shall not contribute with¡t. MMC shall establish primary and non-cor¡tributory status by using ISOForm CG 20 01 04 13 or by an executed manusc,ript insurance companyendorsement that provides primary and rpn-æntributory status as broad asthat contained in ISO Form CG 20 01 04 13.Should any oÍ these policies provide ü¡at the defense costs are paid withinthe Limits of Liability, thereby reducing the avaiÐle limits by defense costs,then the requirement for the Limits of Liab¡¡¡ty of these polices will be twicethe above stated limits.The Wqrkers' Comænsation insuranæ policv is to contain, or be endorsed tocontain, the following provision: MMC and its insurer shall waive any right ofsubrogation against CITY, its officers, offiicials, employees, agents and volunteers.lf the Prcfessional Liabilitv {Abuse & Molestation and Cvbeð insurance oolicv iswritten on a claims+nade form:1. The retroac{ive date must be shown and must be before the effective dateof the Agreement or tlre cornmenæment of work by MlúC.2. lnsurance must be maintiained, and evidenæ of insuranoe must be providedfor at least five years afrer completion of fie Agreement work or terminationof the Agrcement, whichever occurs first, or, in the altemative, the policyshall be endorsed to provide not less than a five-year discovery period.3. lf coverage is canceled or non+enewed, and not replæd with anotherclaims-mde policy form with a retroactive date prior to the efiective date ofthe Agreement or the commencement of work by MMC, MMC mustpurchase "extended reporting" coverage for a minimum of five yearscompletion of the Agreement work or termination of the Agreement,whichever occurs firsl4. A copy of the claims reporting requirements must be submitted to CITY forreview.5. These requirements shall survive expiration or termination of theAgreement.AÍÍ oolicies of insunnæ required herein shafl be endorsed to provide that thecoverage shalt not be cancelÌed, non+enewed, reduced in coverage or in limitsexcept after thirty calendar days written notice by certified mail, retum receiptrequested, has been given to CITY. MMC is also responsible for providing writtennotice to the CITY un&r the same terms and ænditions. Upon issuance by theinsurer, broker, or agent of a notice of cancellation, non-renewal, or reduction incoverage or in limits, MMC shall furnish GffYwith a new certificate and applicableendorsements for sucfr policy(ies). ln the event any policy ¡s úre to expire duringthe work to be performed for CITY, tylMC shall provide a rew certificate, andapplicable endorsements, evidencing rcnewal sf sucfi policy not less than fifteencalendar days prior to the expiration date of the expiring policy.9 Should any of the required policies provide that the defense oosts are paid withinthe Limits of Liability, thereby reducing the available limits by any defense costs,then the requirement for the Limits of Liability of these polices will be twice theabove stated limits.The facl that insurance is obtained by MMC shall not be deemed to release ordiminish the l¡abil¡ty of MMC, incltdirg, witFtot¡t limiüation, liabllity under theindemnity provisims of this Agreement. The policy lirnits do not act as a limitationupon the amount of indemnification to be provided by MMC. Approval or purchaseof any insuranoe contacts or policies shall in no way relieve from liability nor limitthe liability of MMC, its principals, officers, agents, employees, persons under thesupervision of MMC, vendors, suppliers, invitees, consultants, sub-consultants,subcontractors, or anyone empkryed directly or indirecdy by arty of them.VERI FlCATlOl,l OF COVERAGEMMC shall fumish CITY with all certificate(s) and applicable endonsementseffecting coverage required hereunder. All certificates and applicableendorsemenb are to be received and approved by the CITY'S Risk Manager orhisfier designee prÍor b CITY'S execution of the Agreement and befure workcommences. All non-lS0 endorsements amending pd¡cy coverage shall beexecuted by a licensed and autfprized agent or broker. Upon request of CITY,MMC shall immediatefy furnish City with a complete copy of any ínsurance policyrequired underthis Agreernent, including all endorsernents, with said copy certifiedby the underwriter to be a true and corect copy of the original policy. Thisrequírement shaff survive expíratbn or terminatíon of thís Agreement.B. INDEMNIFICATION. To the turhest extent allowed by law MMC shallindemnify, hold harmless and defend C¡ty, and each of their orfficers, officials,employees, agents and volunteers from any and all loss, liabilþ, fines, penalties,forfeitures, costs and damages (whether in æntract, tort or strict liability, includingbut not limited to persor¡al i4iury, dêath at any time and property damage) incr¡rredby City, MMC or any other person, and from any and all claims, demands andactions in law or equity (including attomey's fees and litigetion expenses and anycosts or fees to enforce this agreement), arising or alleged to arise directly orindirectly from the negligent or intentional acts or omissions of MMC or any of itsofficers, officials, employees, agents or volunteers in the performance of this MOU.MMC'S obligations under the preceding sentence shafl not apply to anyloss, liability, fines, penalties, forfeitures, æsts or damages caused by the activeor sole negligence, or the willful misænduct, of CITY or any of its ofücers, officials,employees, agents or volunteers.lf MMC should sr^ùconfac{ all or any pøtion of üre serviæs to be performedunder this MOU, MMC shall require each subcontractor to indemnify, holdharmless and defend City, and eachof its ofücers, officials, employees, agents andvolunteers in accodance with the terms of the preceding paragraphs.This section shall survive termination or expiration of this MOU.l0 13. ATTORNtrS FEESlf either party is reguired to commerìae arìy proceeding or legal ac'tion to enforceor interpret any term, covenant or condition of this MOU, the prevailing party insuch proceeding or acÍion shall be entitled to recover forn the other party itsreasonable attomey's þes and legalexpenses.14. PROCEDENCE OF DOCUMENTSIn the event of any ænflict between the body sf üÌis MOU and any exhibit hereto,the terms and condltions of the body of this MOUshallcontroland take precedenceover terms and conditions expressed within the exhibit. Furthermore, any terms orconditions contaired within any exhibit hereto whicfr purport to modify theallocation of risk betttteen fte parties, provicied for within the bocly of this MOU,shall be null and void.15. NOTTCESAny notice requircd or intended to be given to either party under the terms of thisMOU shall be in writing and shall be deemed to be duly given if deliveredpersonally ordeposited into tte United States rnail, return reoeÈpt reqr.ested, withpostage prepaid, addrcssed to the party to whtoCl notice is to be given at the party'saddress set forth in Section 1 of this MOU or at sucfr other address as the partiesmay from time to time designate by written notice.16. BINDINGOnce this MOU is signed by ttæ partíes, it shall be þirtd¡ng r^pon, and shall inure tothe benefit of, the parties, and eacfr partls respestive Feirs, sr¡ccessors, assigns,transferees, agents, servants, employees, ard representiatives.17. ASSIGNMENTThere shall be no assignment by either party of its rights or obligations under thisMOU without trtte prúor written aryroval of tfe other pady. Any attemptedassignment by a party, its successofi; or assigns, shall be null and void unlessapproved in wrlting by the other party.18. WAIVERThe waiver by either party of a breach by the other of any provision of this MOUshall not constitr.¡te a æntinuing vnainer ar awaiver of any subseguent breach ofeither the same or a difierent provision of this MOU.No provisions of this MOU may be waived unlæs in writirg and approved by andsigned by all parties to this MOU. lÂlaiver of any one provision herein shall not bedeemed to be a waiver of any provision herein.f 9. GOVERNING LAWAND VENUEThis MOU shall be govemed by, ard construed and enforced in accordance with,the laws of the State of Califomia. Venue for purposes of the filing of any actionregarding the enforcement or interpretation of this MOU and any rights and dutieshereunder shall be Fresno County, Galifomia.ll 2A. HEADINGSThe section ledings in this MOU are for corwenience and reference only andshall not be construed or held in any way to explain, modiFy or add to theinterpretation or meaning sf the provisions of th¡s MOU.21. SEVERABILITYThe provisions of this MOU areseverable" The lnvalidity, or¡.¡rìerrbroeability of anyone provision in the MOU shall rpt atre€t the otler provisions.22. INÏERPRETATIONThe parties acknorfedge that thÍs MOU in its ñnal brm ís tf¡e result of the combínedefforts of the parties and that, sfiould any provísirÐn of this MOU be found to beambiguous ín any way, such ambiguþ shall rpt Þ resolved by construing thisMOU in favor or against any party, but rather by ænstruing the tenns in accordancewith their generally aæepted meaning.23. ENTIRE MOUIt is mutually understood and agneed that ûre furgoing ænstitutes the entire MOUbetween the parties, Any modifications or amsdments to this MOU must be inwriting signed by an autrprized agent of each party.ISTGNATURE PAGE TO FOLLOWt2 Exh¡bit ABtdgetPersonnelTotal Cost for year I = 1106,376TOTALTOTAL3104,088s2,288Salarv - 2 Advocates2 @ $8e.082$89,082FICA - 2 Advocates7.65% X $89,082$6,815CAETT-2Advæatæ.015611% X $89.082$14Workers Compensation1o/oX $89.æ2$891Health Benefits (medical, dental, vision, lifeinsurance)7.455o/o X $89,682$6,686Overtime forAdvocates3.8 hrs. @ $26.30$600Software Licenses for Advocates2X$66.99X12Months$1,608lnte rnetl0om munications4A X 12 Months$480Program Supplies (pens, paper, flþ folders,etc.)$200$200l4 City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 21-538,Version:1 REPORT TO THE CITY COUNCIL April 28, 2021 FROM:PACO BALDERRAMA, Chief of Police Police Department BY:MICHAEL S. REID, Deputy Police Chief Police Department SUBJECT Approve a three -year agreement,with an option to extend for one additional year,with the County of Fresno to reserve five bed spaces in the Fresno County Jail for the purpose of housing Fresno Police Department Arrestees, at a rate of $520.00 per day for a total of $189,800 through FY2023 RECOMMENDATION Staff recommends that Council approve a three-year agreement with the County of Fresno,with an option to extend for one additional year,to reserve five bed spaces in the Fresno County Jail (FCJ) for the purposes of housing Fresno Police Department (FPD)arrestees at a rate of $520.00 per day, and authorize the Chief of Police, or his designee, to execute the agreement. EXECUTIVE SUMMARY Overcrowding releases from the FCJ continue for a multitude of reasons.As a means of finding a solution to keep Fresno Police Department arrestees in custody at FCJ,the Chief of Police and County Sheriff developed a written agreement in 2013 to reserve five beds at FCJ for City of Fresno arrestees at a cost of $520 per day.This agreement has served our community well as it guarantees five beds are reserved in FCJ for our repeat offenders who commit crimes while they are out of custody. This results in a safer community for our residents. BACKGROUND Since the mid-1990s reductions in jail bed capacity at FCJ have occurred.The factors,as discussed below,operate to significantly limit the number of beds available for arrestees to remain in custody as they move through the criminal justice system in Fresno County.The inability to keep prisoners in custody due to overcrowding at FCJ allows for those individuals to continue committing crimes and City of Fresno Printed on 4/21/2021Page 1 of 3 powered by Legistar™ File #:ID 21-538,Version:1 puts our community at increased risk of being victimized by these criminals. The factors that have created this condition at FCJ include a 1994 Federal Consent Decree as a result of the federal lawsuit,Cruz vs.County of Fresno.The Decree mandated that the County release inmates from FCJ whenever it reached 100%of its operating capacity to relieve overcrowding conditions that presented a harm to inmates at the facility.The Decree also provided the County with the discretion to either release inmates or not accept new bookings into the jail whenever it attains 90% of capacity. FCJ bed space was further reduced in 2008 as a result of County of Fresno budget constraints. Reductions in FCJ operating budgets closed 1,855 beds or 53%of their total jail ‐ bed capacity. Although three floors of the jail reopened in 2013,many beds remain closed including over 300 beds in the vacated Satellite Jail. In 2011, AB 109 Realignment legislation further reduced available bed space at FCJ. Under a Federal Court ruling decided under the Coleman-Plata litigation, the California Department of Corrections and Rehabilitation <http://en.wikipedia.org/wiki/California_Department_of_Corrections_and_Rehabilitation> (CDCR) which operates the prison system in California was mandated to reduce overcrowding conditions in State prisons. To accomplish this, Governor Jerry Brown signed Assembly Bill 109, the Public Safety Realignment Act, into law on April 4, 2011. This Act will result in nearly 55,000 prisoners being realigned from state custody into county correctional/probation systems throughout the State. AB 109 also provided funding to the counties to assist in this realignment transition. As a result, the County was able to reopen two floors of FCJ with State AB 109 funding. The County also utilized General Fund money to open a third floor of FCJ in 2013. Despite the reopening of FCJ bed space, prisoners continue to be released from FCJ due to overcrowding. During 2020 the COVID-19 pandemic exacerbated the issue by increasing the number of releases. Due in part to the FCJ overcrowding releases,the City of Fresno has observed a 5.3%rise in its auto theft crime rate for 2020.These are the very criminals being released from custody at FCJ that continue to commit auto theft and other crimes.This agreement would allow the Fresno Police Department to hold identified repeat offenders in FCJ by reserving bed space for our most prolific criminals.Under this agreement and with Council approval,the City would pay a daily rate of $104.00 per bed for five beds to ensure that specified prisoners are not released from FCJ due to overcrowding.Additionally,the agreement requires the City to pay for security for inmates in the five beds that require off site medical attention.Under the terms of the agreement,the City would pay a $65.26/hr.charge for each security personnel to accompany the prisoner to the offsite medical facility if medical attention is necessary.This cost cannot be quantified at this time but would be in addition to the bed costs as outlined previously. These five beds guaranteed by the County would allow the City of Fresno to keep criminals that in past years have been rearrested multiple times,behind bars until they either make bail arrangements or are adjudicated in the criminal justice system. ENVIRONMENTAL FINDINGS City of Fresno Printed on 4/21/2021Page 2 of 3 powered by Legistar™ File #:ID 21-538,Version:1 This is not a “project” for the purposes of CEQA, pursuant to CEQA Guidelines Section 15378. LOCAL PREFERENCE Local preference is not applicable as this is an agreement with another governmental agency. FISCAL IMPACT The cost per day to the City of Fresno would be $520.00.This cost will be incurred under the agreement by the City whether the bed is occupied or not.The Agreement is effective from July 1, 2021 and ends on June 30,2024.The agreement will automatically be extended for one additional year,July 1,2024 through June 30,2025 upon the same terms unless written notice of non-renewal is given by either party no later than May 1,2024.If so,renewed the first time,the agreement will automatically renew a for an additional year option with same terms and conditions,ending on June 30, 2026. The cost to the City for FY 2022-23 would be $189,800. The Police Department will utilize revenue in their existing operating budget designated for the required security. No additional General Fund Revenue will be requested. Attachment: Agreement City of Fresno Printed on 4/21/2021Page 3 of 3 powered by Legistar™ 1234567II10111213141516171819202122232425262728AGRFEMENTTHIS AGREEMENT is made and entered into this - day of -( 2021,by and between COUNTY OF FRESNO, a Political Subdivision of the State of California,hereinafter referred to as "COUNTY', and CITY OF FRESNO, a California municipal corporation,hereinafter referred to as "C|TY".WITNESSETH:WHEREAS,..COUNTY operates and maintains the Fresno County Jail ("Jail") throughits Sheriffs Office ("Sheriff');WHEREAS, CITY desires to house certain arrestees at the Jail;WHEREAS, COUNTY is willing to reserve five bed spaces for the purpose of housingCITY's arrestees as provided herein.NOW, THEREFORE, in respect of the mutual promises contained herein, thesufficiency of which is acknowledged, the parties hereto agree as follows:1 TERMS AND CONQITIONSA. Five (5) bed spaces shall be reserved by COUNW for housing CITY'sarrestees as provided herein. Unless modified pursuant to Section 6 "MODIFICATION", the totalnumber of bed spaces shall remain at five (5) at alltimes this Agreement is in effect.B. CITY shall be responsible for making timely payments to COUNTY as setforth in Section 4 "COMPENSATION/INVOICING'.C. Prior to or at the time an officer of CITY's Police Department presents anarrestee for booking at the Jail, CITY shall inform the Sheriffs JailWatch Commander of CITY'sintent to make use of one of the five (5) bed spaces for purposes of housing the arrestee. The JailWatch Commander shall be available 24fT at telephone number 600-8440 for this purpose,D. Upon being informed of CITY's intent to make use of one of the five (5)bed spaces to house an arrestee, the Jail Watch Commander shall determine whether one of thebed spaces is availablg for such purpose, The JailWatch Commander shall inform the officerJAIL BED SPACE AGRE€MEÌ{T BËfwEEN THE CIW OF FRESNO AND GOUNTY OI.FFESNO-1- 1234567II10111213141516171819202122232425262728ilililltll tror ClTy's potice Department of whether one of the five (5) bed spaces is available, lf one of thelltiue tsl bed spaces is available, the JailWatch Commander shall inform Jail staff and the officerilllrro. ClTy's police Department that the arrestee may be housed in one of the five (5) bed spaces.ll f n tn" event that bed space is unavailable for any reason other than CITY's use of all five (5) bedll rn.."r, the JailWatch Commander shall make such bed space available for the CITY arresteellarcr being informed of CIW's intent to make use of such bed space, or in the alternative, CITYllsnaf f be refunded for those days such bed space is unavailable for use by a CITY arrestee.ll g. The Sheríff shall not decline acceptance of an anestee for housing in onellot tn" five (S) bed spaces, or release an arrestee from the Jail once he or she is accepted forilll nousinS in one of the five (5) bed spaces, for reasons related to the Federal Court Order.ll f. ClTy may only use the five (5) bed spaces to house an arrestee who isll"n"rg"O with and awaiting trialon a local or state offense.ll ". The Sheriff shall provide for the secure custody, safekeeping, housing,llsr¡s¡stence and care of CITY's arrestees housed in one of the five (5) bed spaces in accordancell-* all state and local laws, standards, regulations, policies and court orders applicable to thelloOeration of the Jail.ll ,. lf an arrestee housed in one of the five (5) bed spaces is released by thellSneritr, COUNw shall inform CITY of the arresteels release and the reason for his or her release,f lano ClTy shall have the right to fillsuch vacated bed space with another CITY arrestee. Noticellrn"f l be posted on the Sheriffs webpage along with otheriail releases.ll CITY's potice Department may inform the Jail Watch Commander at anyll,,r" of CITY's intent to no longer house an arrestee in one of the five (5) bed spaces' Upon thell¡"¡l*"trh Commander being so informed, the arrestee mey be subject to immediate release forltllreasons related to the Federal Court Order.illl ,. f an arrestee is removed from the Jail and taken to an outside facifity forllmedicat treatment, the bed space used to house the arrestee under this Agreement shall remainil[f unavairaob for use by another CITY arrestee at all times the arrestee remains outside the Jail forllmedical treatment.illl ,arL BED spAcE A.REETENT BET*EEN THE crry oF ËREsNo Ai¡D cou*Ty oF FREsiloilll 2.il 1234567II10111213141516171819202122232425262728K. CITY's Police Department may inquire with the JailWatch Commander atany time to determinate the availability of bed space.L. No CITY arrestee shall be housed under this Agreement at any Jailfacility constructed afrer the date this Agreement is entered ínto by both parties.. M. The terms of this Agreement shall in no way affect CITY's responsibilitiesas the arresting agency with respect to each arrestee housed in one of the five (5) bed spaces'2. TERMThis Agreement shall become effective on thelst day of July, 2021, and shallterminate on the 30th day of June, 2024. This Agreement shall automatically be extended for oneadditionaltwelve (12) month period, July 1 ,2024 through June 30, 2025 upon the same terms andconditions herein set forth, unless written notice of non-renewal is given by either of the Parties tothe other Party no later than May 'l , 2024. lf this agreement is so renewed, then this agreementshall automatically be extended for a second additional twelve (12) month period, July 1 ,2025through June 30, 2026 upon the same terms and conditions herein set forth, unless written noticeof non-renewal is given by either of the Parties to the other Party no later than May 1,2025.3. TERMINATIONA. Without Cause, - This Agreement may be terminated by either partywithout cause by giving written notice to the other party at least thirty (30) days in advance ofthe effective date of such termination. CITY's Police Chief shall have authority to terminate thisAgreement on behalf of CITY pursuant to this paragraph. The Sheriff shall have authori$ toterminate this Agreement on behalf of COUNTY pursuant to this paragraph.B. Non Pavment - COUNTY may immediately terminate this Agreement ifpaytnent is not fully made by CITY pursuant to Section 4 "COMPENSATION/INVOICING",Paragraphs A and B.4. COMPENSATION/INVOICING:A. CITY shall be charged at a rate of One Hundred and Four Dollars andNo/100s ($104.00) per bed, per day. The total daily rate for the five (5) bed spaces shall beFive Hundred and Twenty Dollars and 00/100s ($520.00). CITY shall pay such rate toJAIL BED SPACE AGREEMENT BETWËEN ÍHE CITY OF FRESIIO ANO COUNTY OF FRESNO-3- 1234567II10111213141516171819202122232425262728COUNTY regardless of whether any of the ñve (5) bed spaces are beìng used or otherwiseoccupied by a CITY arrestee. However, in the event that one or more of the five (5) bed spacesis unavailable for use by a City arrestee for any reason other than CITY's use of allfive (5) bedspaces, CITY shall be refunded for each day such bed space is unavailable for use by a CITYarrestee,B. CITY shall pay COUNTY prior to the start of each month for the five (5)bed spaces, at the rates set forth in Paragraph A of this section, for each and every day of theupcoming month. COUNTY's Sheriff shall invoice CITY for the five (5) bed spaces in advanceof the start of each month. Any refund owed to CITY as a result of the unavailability of any ofthe five (5) bed spaces pursuant to Sections 1(D) or 4(A) of this Agreement shall be applied toreduce the amount owed by CITY for the upcoming month, Monthly payment by CITY is dueno later than the 25th day of each month preceding the month payment is due'C. ln the event a CITY arrestee using one of the five (5) bed spacesrequires medical treatment at an outside facility, COUNTY shall inform CITY of such treatmentand transportation within six (6) hours of transportation or as soon as possible under thecircumstances. CITY shall pay an hourly rate of Sixty-Five and Twenty-Six cents ($65.26) foreech guard assigned to a CITY arrestee when the arrestee is taken to an outside facility formedical treatment. The number of guards to be assigned shall be at the sole discretion of theSheriff. Notwithstanding anything to the contrary in this Agreement, ¡f CITY does not timely paythe full amount charged by COUNTY for such guard services, the CITY arrestee will becomeeligible for release for reasons related to the Federal Court Order. COUNTY shall submitmonthly invoices in arrears to CITY for such guard services, lnvoices will be submitted withinfifteen ('15) days of the end of each month. CITY shall pay COUNTY within thirty (30) days ofreceipt of invoice for guard services.D. lnvoices submitted by COUNTY to CITY under this section shall beaddressed as follows:City of Fresno Police DePañment2323 MariposaJAIL BED SPACÊ AGREEII¡IENT BETWEEN THE CIW OF FRESNO ANO COUNTY OF FRESNO.4^ 1234567II10111213141516171819202122232425262728Fresno, CA 93717Attn: Business Officepayments by CITY to COUNTY under this section shallbe addresses as followsFresno CountY Sheriff's OfficeAttn: Business OfficeP.O. Box 1788Fresno, CA 937175l-{ôrD HARMLESSCOUNTY agrees to indemnify, save, hold harmless, and atCITY's request, defend CITY, its officers, agents, and employees from any and all costs andexpenses, damages, liabilities, claims, and losses occurring or resulting to CITY in connectionwith the performance, or failure to perform, by COUNTY, its officers, agents, or employeesunder this Agreement, and from any and all costs and expenses, damages, liabilities, claims,and losses occurring or resulting to any person, firm, or corporation who may be injured ordamaged by the performance, or failure to perform, of COUNTY, its officers, agents, oremployees under this Agreement.CITY agrees to indemnify, save, hold harmless, and at COUNIY's request,defend COUNTY, its officers, agents, and employees from any and all costs and expenses,damages, liabilities, claims, and losses occurring or resulting to COUNTY in connection with theperformance, or failure to perform, by CITY, its officers, agents, or employees under thisAgreement, and from any and all costs and expenses, damages, liabilities, claims, and lossesoccurring or resulting to any person, firm, or corporation who may be injured or damaged bythe performance, or failure to perform, of CITY, its officers, agents, or employees under thisAgreement.ln the event of concurrent negligence on the part of COUNTY or any of itsofficers, agents, or employees, and CITY or any of its officers, agents, or employees, the liabilityfor any and all such claims, demands and actions in law or equity for such losses, fines,penalties, forfeitures, costs and damages shall be apportioned under the State of California'stheory of comparative negligence as presently established or as may be modified hereafter.JAIL BÊO SPACE AGREEMENT BETWEEN THE CITY OF FRESNO ANO COUNTY OF FRESNO-Ð- 1234567II101112131415161718192021222324252627286. MODIFICAAny matters of this Agreement may be modified from time to timeby the written consent of the parties without, in any way, affecting the remainder.7. NON-ASSIQNMFI\,II: Neither party shall assign, transfer or sub-contract thisAgreement nor their rights or duties under this Agreement without the prior written consent of theother party.L INSUIIANCE: Without limiting the right of either party to obtain indemnificationfrom the other party or any third parties, it is understood and agreed that CITY and COUNTYshall each maintain, at their sole expense, insurance policies or self-insurance programsincluding, but not limited to, an insurance pooling arrangement and/or Joint Powers Agreementto fund their respective liabilities throughout the term of this Agreement. Coverage shall beprovided for comprehensive general liability, automobile liability, professional liability, andworkers compensation exposure. Evidence of lnsurance, Certificates of lnsurance or othersimilar documentation shall not be required of either party under this Agreement.9. NOTICES: The persons and their addresses having authority to give and receivenotices under this Agreement include the following:COUNTY CITY OF FRESNOMargaret Mims Juan F' Balderrama. Fresno County Sheriff Chief of PoliceFresno County Sheriffs Office fl"^Xg.lq]ice-Depaftment2200 Fresno étreet 2323 Marrpo_sa- .p o Box 17BB 5å?:83t9åe03721Fresno, CA 93717559-600-8136Any and all notices between COUNTY and CITY provided for underthisAgreement shall be in writing and shall be deemed duly served when personally delivered to oneof the parties, or ín lieu of such personal service, when deposited in the United States Mail,postage prepaid, addressed to such party.10.INDEPENDENT CONTRACTOR:ln performance of the work, duties and obligations assumed by COUNTYunder this Agreement, it is mutually understood and agreed that COUNTY, including any and allof the COUNTY's offìcers, agents, and employees will at all times be acting and performing as anJAIL BED SPACE AGREEMENÍ BETWEEN THE CITY ÖF FRESNO AND COUNTV OF FRESNO-6- 1234567II101112l3141516171819202122232425262728independent contractor, and shall act in an independent capacity and not as an officer, agent,servant, employee, joint venturer, padner, or associate of the CITY. Furthermore, CITY shallhave no right to control or supervise or direct the manner or method by which COUNTY shallperform its work and function. However, CITY shall retain the right to administer this Agreementso as to veriff that COUNTY is pelorming its obligations in accordance with the terms andconditions thereof.COUNTY and CITY shall comply with all applicable provisions of law and therules and regulations, if any, of governmental authorities having jurisdiction over matters thesubject thereof.Because of its status as an independent contractor, COUNTY shall haveabsolutely no right to employment rights and benefits available to CITY employees. COUNTYshall be solely liable and responsible for providing to, or on behalf of, its employees alllegally-required employee benefits. ln addition, COUNTY shall be solely responsible and saveCITY harmless from all matters relating to payment of COUNTY's employees, includingcompliance with Social Security withholding and all other regulations governing such matters.It is acknowledged that during the term of this Agreement, COUNTY may be providing servicesto others unrelated to the CITY or to this Agreement.11. VENUE AND GOVERNING l-AW: The parties agree that per,formance under thisAgreement shall be in Fresno County, California, for purposes of venue. The rights andobligations of the parties and all interpretation and performance of this Agreement shall begoverned in all respects by the laws of the State of California.12. SEVERABILITY: ln the event any provisions of this Agreement are held by acourt of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions ofthis Agreement will nevertheless continue in force and effect without being impaired or invalidatedin any way.13. INTERPRETATTON: The parties acknowledge that this Agreement in its finalform is the result of the combined efforts of the parties and that, should any provision of thisAgreement be found to be ambiguous in any way, such ambiguity shall not be resolved byJAIL BEO SPACE AGREEf,IENT BETWEEN THE CITY OF FRÊSNO ANO COUNTY OF FRÊSNO,7- 12345b7Io10111213141516171819202122232425262728construing this Agreement in favor of or against eíther pany, but rather by construing the terms inaccordance with their generally accepted meaning.14. ENTIRËAGREEMËN'l': This Agreement constitutes the entire agreementbetween the CITY and COUNTY with respect to the subject matter hereof and supersedes allprevious agreement negotiations, proposals, commitmenb, writings, advertisements, publications,and understanding of any nature whatsoever unless expressly included in this Agreement.iltiltiltiltiltiltlililtilliltiltlililliltiltiltlililtiltiltlililtJAIL BED SPACE AGREET'IENT BETWEEN THE CITY OF FRESNO AND COUNTY OF FRESNO-8. City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 21-442,Version:1 REPORT TO THE CITY COUNCIL April 28, 2021 FROM:SCOTT L. MOZIER, PE, Director Public Works Department THROUGH:RANDALL W. MORRISON, PE, Assistant Director Public Works Department, Engineering Division BY:BRANDON CHACON, Capital Development Specialist Public Works Department, Engineering Division SUBJECT ***RESOLUTION -70th Amendment to the Annual Appropriation Resolution (AAR)No.2020-159 to appropriate $27,500 for the Blackstone Avenue Smart Mobility Project (Council District 7)(Requires 5 affirmative votes) (Subject to Mayor’s veto) RECOMMENDATION Staff recommends that the City Council adopt the 70th Amendment to the Annual Appropriation Resolution No. 2020-159 to appropriate $27,500 for the Blackstone Avenue Smart Mobility Project. EXECUTIVE SUMMARY Staff is preparing to initiate the design of the Blackstone Avenue Smart Mobility Project,which is funded with a federal Congestion Mitigation and Air Quality Improvement (CMAQ)Program grant and local Measure C funds as the match.Staff recommends Council adopt the 70th Amendment to the AAR in order to provide appropriations in the Public Works FY2021 Capital Budget to sufficiently cover anticipated expenditures for the cost of this project. BACKGROUND Staff is seeking Council approval of the attached AAR amendment which will appropriate funding for the Blackstone Avenue Smart Mobility Project.The project is funded via federal CMAQ and local Measure C funds for a total project cost of $2,055,200,with $27,500 of appropriations being requested in the current FY2021 budget year.The remaining project cost of $2,027,700 will be included in future fiscal year capital improvement budgets. The Blackstone Avenue Smart Mobility Project will construct protected Class IV bicycle facilities in City of Fresno Printed on 4/21/2021Page 1 of 2 powered by Legistar™ File #:ID 21-442,Version:1 The Blackstone Avenue Smart Mobility Project will construct protected Class IV bicycle facilities in each direction of Blackstone Avenue between Shields Avenue and McKinley Avenue by implementation of a road diet.This project will also install new curb ramps,traffic calming features, green conflict zone markings,reconstruction of median noses and installing elevated bus platforms for Bus Rapid Transit (BRT)riders.The Southern Blackstone Avenue Smart Mobility Strategy was adopted by the Council on May 2,2019,and was based on a community-driven process that led to the development of design concepts to improve the corridor.On September 26,2019,the City Council approved Resolution No.2019-193 authorizing the submission of the CMAQ grant application. ENVIRONMENTAL FINDINGS By the definition provided in the California Environmental Quality Act Guidelines Section 15378 this item does not qualify as a project as defined by the California Environmental Quality Act. LOCAL PREFERENCE Local preference does not apply because this is a budget item.Local preference (if applicable)will be considered at the time of contract award. FISCAL IMPACT This Project will have no fiscal impact to the General Fund.The Project is fully funded by CMAQ grant funds as well as local Measure C funds.See attached Resolution for specific funds and associated costs to be appropriated in the current fiscal year. Attachment: 70th Amendment to the Annual Appropriation Resolution No. 2020-159 City of Fresno Printed on 4/21/2021Page 2 of 2 powered by Legistar™ Date Adopted: 1 of 2 Date Approved: Effective Date: Resolution No. RESOLUTION NO. ___________ A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO ADOPTING THE 70th AMENDMENT TO THE ANNUAL APPROPRIATION RESOLUTION NO. 2020-159 APPROPRIATING $27,500 FOR THE BLACKSTONE SMART MOBILITY PROJECT BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FRESNO: THAT PART III of the Annual Appropriation Resolution No. 2020-159 be and is hereby amended as follows: Increase/(Decrease) TO: PUBLIC WORKS DEPARTMENT Federal Grants Public Works $ 27,500 THAT account titles and numbers requiring adjustment by this Resolution are as follows: Federal Grants Public Works Revenues: Account: 33114 Federal Reimbursement $ 27,500 Fund: 22048 Org Unit: 189901 Total Revenues $ 27,500 Appropriations: Account: 51101 Permanent Salaries $ 12,400 51104 Perm Fringe-Health&Welfare 5,100 53303 Public Relations & Information 400 59116 Equipment Usage 700 59117 Overhead 8,900 Fund: 22048 Org Unit: 189901 Project: PW00956 Total Appropriations $ 27,500 THAT the purpose is to appropriate $27,500 for the Blackstone Smart Mobility Project. 2 of 2 CLERK’S CERTIFICATION STATE OF CALIFORNIA} COUNTY OF FRESNO } ss. CITY OF FRESNO } I, YVONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing Resolution was adopted by the Council of the City of Fresno, California, at a regular meeting thereof, held on the Day of , 2021 AYES: NOES: ABSENT: ABSTAIN: Mayor Approval: , 2021 Mayor Approval/No Return: , 2021 Mayor Veto: , 2021 Council Override Veto: , 2021 YVONNE SPENCE, MMC City Clerk BY: ____________________________ Deputy City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 21-525,Version:1 REPORT TO THE CITY COUNCIL April 28, 2021 FROM:SCOTT L. MOZIER, PE, Director Public Works Department BY:MIGUEL RAMIREZ, Community Coordinator Public Works Department, Landscape Maintenance Division SUBJECT ..Title Approve Consultant Services Contract with West Coast Arborists, Inc, in an amount not to exceed $120,000 to complete the remaining Tree Inventory Data Collection RECOMMENDATION Staff recommends City Council approve Consultant Services Contract with West Coast Arborists, Inc., (WCA) in an amount not to exceed $120,000 to complete the remaining Tree Inventory Data Collection. EXECUTIVE SUMMARY The tree inventory data collection is part of a CalFire Grant the City of Fresno (City)received in 2016- 2017.The goal of the project is to provide an inventory of the existing trees the City maintains, including street trees,trees located in Special Landscape Districts,as well as trees in parks.Over 133,000 trees have been inventoried within the public right of way across approximately 111 square miles within City limits.The inventory data includes the following information:mapping coordinates, block sides,right of way locations,species,diameters,stems,conditions,maintenance needs, clearance requirements,hardscape damages,overhead utilities,grow spaces,and space sizes. Following the completion of the tree inventory,the City will incorporate this data into the 40-year Urban Forest Management Plan through another CalFire Grant that will provide short and long terms goals for the City’s Urban Forest. City of Fresno Printed on 4/21/2021Page 1 of 2 powered by Legistar™ File #:ID 21-525,Version:1 BACKGROUND The tree inventory is part of the CalFire Urban &Community Forestry Program (UCF)that is authorized by the California Urban Forestry Act of 1978 (Public Resources Code,§§4799.06 - 4799.12)and funded through the California Climate Investments Program,or Greenhouse Gas Reduction Fund (GGRF).Auction proceeds from California’s Emissions Trading Program,commonly referred to as Cap-and-Trade,pass through the GGRF as they are appropriated to grant programs by the state budgeting process.The purpose of the UCF Program is to promote expansion and better management of urban forests to help improve the quality of urban environments and the quality of life of urban residents.A net reduction in GHG emissions must be demonstrated for projects to be eligible for the program. The Department of Public Works operates asset management software with tree asset management capabilities;however,funding has not been available to archive historical information and comprehensively update the system.Although maintenance recordkeeping currently occurs,the last time a comprehensive inventory of trees in the City was conducted was in 1989.A comprehensive inventory is essential to the long-term health and maintenance of urban forest assets.Once completed,the Department of Public Works will have a long-term management tool established to monitor and effectively maintain the City’s urban forest resources. ENVIRONMENTAL FINDINGS Pursuant to California Environmental Quality Act (CEQA)Guidelines Section 15378,this is not a project as defined by CEQA. LOCAL PREFERENCE Local preference was not implemented because WCA was deemed uniquely qualified and is a local business. WCA does maintain an office in Fresno. FISCAL IMPACT There will be no impact to the General Fund.All funding needed for the completion of the urban forest tree inventory has been appropriated in the adopted FY2021 operating budget of the Public Works Department. Attachments: Memo Consultant Agreement City of Fresno Printed on 4/21/2021Page 2 of 2 powered by Legistar™ City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 21-594,Version:1 REPORT TO THE CITY COUNCIL April 28, 2021 SUBJECT Approve Amended Employment Agreement of City Clerk. City of Fresno Printed on 4/22/2021Page 1 of 1 powered by Legistar™ City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 21-596,Version:1 REPORT TO THE CITY COUNCIL April 28, 2021 SUBJECT Ordinance - The Public Transparency Act (for introduction) - Amend FMC 2-316 to require all Council committees to be subject to the Brown Act. City of Fresno Printed on 4/23/2021Page 1 of 1 powered by Legistar™ 1 of 2 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 2-316 OF THE FRESNO MUNICIPAL CODE, COUNCIL COMMITTEES THE COUNCIL OF THE CITY OF FRESNO DOES ORDAIN AS FOLLOWS: SECTION 1. Section 2-316 of the Fresno Municipal Code is amended to read: SEC. 2-316. SPECIAL COMMITTEES. [(a)] All special committees shall be appointed by the presiding officer, unless otherwise directed by the Council. [(b) All committees that include one or more Councilmembers shall be subject to the Ralph M. Brown Act, Government Code Sections 54950 et seq., and the Council Rules of Procedure. Compliance shall include, without limitation, agenda preparation and publication at least 72 hours in advance of meetings; meetings being open to the public for in-person and/or electronic participation; keeping recordings of meetings and making them available on the City Clerk’s web pages; and the City Clerk, or the City Clerk’s designee, being responsible to make and publish all committee agendas and minutes.] 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. * * * * * * * * * * * * * * 2 of 2 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: Douglas T. Sloan Date City Attorney City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 21-598,Version:1 REPORT TO THE CITY COUNCIL April 28, 2021 FROM:JERRY DYER, Mayor Office of the Mayor & City Manager Department BY:MATTHEW GRUNDY, Deputy Mayor Office of the Mayor & City Manager Department SUBJECT Approve the Mayor’s Appointments to the Parks, Arts and Recreation Commission established by Measure P RECOMMENDATION Recommend Council confirm nine (9)appointments to the Parks,Recreation,and Arts Commission pursuant to the mandates of the Measure P Initiative. EXECUTIVE SUMMARY This appointment is a requirement of the City of Fresno Resolution No.2018-188,section 7-1409(a) (see attached),and as amended (Ordinance No 2021-005,see attached),whereas a new Parks, Recreation and Arts Commission consisting of nine (9)members was created and to be appointed by the Mayor, with approval by the City Council in accordance with Article IX of the Fresno City Charter. Appointments recommended are as follows:Jon Dohlin (resides in District 3);Maiyer Vang (resides in District 4);Dr.Francine Oputa (resides in District 7);Kimberly McCoy (resides in District 1);Scott Miller (resides in District 1);Mona Cummings (resides in District 6);Harman Singh (resides in District 2); Jose Leon Barraza (resides in District 5); and Sarah Parkes (resides in District 6). BACKGROUND On July 18,2018,the City Clerk received an Initiative Petition proposing the Fresno Clean and Safe Neighborhood Parks Tax.The Fresno Clean and Safe Neighborhood Parks tax ordinance called for a 3/8 percent increase in sales and use tax,estimated to generate $37.5 million annually for 30 years. The resolution was adopted by City Council at a regular meeting held on the August 9th 2018.On October 12, 2018 resolution No. 2018-188 was ratified. City of Fresno Printed on 4/23/2021Page 1 of 4 powered by Legistar™ File #:ID 21-598,Version:1 Per section 7-1419 (3),the measure would be effective upon determination by the City Clerk that it had been approved by two thirds of the electorate,voting in a regularly scheduled election.While receiving a majority vote (51.17%),the measure failed as it did not receive two-thirds of the votes as a result of the November 6th 2018,general election.Subsequently,the issue of whether a two-thirds majority or a simple majority vote was needed to pass the measure went through the court process, including appeals.On February 18th,2021,the Fifth District Court of Appeal’s determined a voter- initiated special sales tax measure required only a simple majority vote to pass.Thereafter,the Council certified and declared Measure P passed (Resolution 2021-010,see attached).The matter was appealed to the California Supreme Court which denied review,therefore the measure was deemed passed with the majority vote. Under §7-1409(a), Fiscal Oversight and Budget Accountability, a new Parks, Recreation and Arts Commission consisting of nine (9) members was created, to be appointed by the Mayor with approval by the City Council in accordance with Article IX of the Fresno City Charter. Section 7-1409(c) requires membership of the commission reflect the ‘cultural, demographic, and geographic diversity of the City of Fresno, with at least one-third of the Commissioners residing in highest need-areas’ as defined in Section 7-1408, using Cal Enviroscreen 3.0. Furthermore, Section 7-1409(d) stipulates the Commission must include members with demonstrated expertise in the areas of: 1.Community parks and open space management; 2.Youth development or recreation programs; 3.Trails and San Joaquin River Parkway development an programming; and/or 4.Arts and culture programming After conducting a thorough screening process, and ensuring compliance with the aforementioned requirements, the administration recommends the following appointments: Jon Dohlin (District 3): Mr. Dohlin serves as the CEO of the Fresno Chaffee Zoo. Mr. Dohlin previously held managerial positions in the Bronx Zoo, NYC Aquarium, and other NYC parks. Although he has only been in Fresno for the last 2 months, he is very experienced in the areas of community parks, open space management, youth programs, and cultural programs. He is passionate that the parks are “the people’s parks”, and believes all parks should be accessible. He currently serves on the Board of Directors of Storyland/Playland. In his current position, he is required to review the use of and application of Measure Z monies, and has a good grasp of the issues presented to a Commission which has the responsibility of oversight of taxpayer dollars. Maiyer Vang (District 4): Ms. Vang is very active in the preservation of Laotian culture and Laotian arts. In her current employment at FUSD, she oversees the Cultural Diversity programs, and has interest in ensuring all cultures are represented in arts and cultural programming. She is very involved in community activities and believes parks are community “meeting places”, and need to be nurtured. Her experience and passion is in cultural arts and establishing programming that meets the needs of the youth, and that preserves cultures and cultural arts. Dr. Francine Oputa (District 7): Dr. Oputa has been a Fresno resident for 42 years, and just retired from CSUF. She remembers using neighborhood parks in her youth and her vision is to close the gap of the concept of "the tale of two cities" within Fresno. She believes in equality and equity which includes equal access to recreational activities and programs, arts, and cultural opportunities for all City of Fresno Printed on 4/23/2021Page 2 of 4 powered by Legistar™ File #:ID 21-598,Version:1 Fresno citizens. Her passions and expertise are in youth development, youth programs, and arts/cultural programming. She strongly believes in maintaining the City’s existing parks, and upgrading the older City parks. She personally has used her own home as a quasi park for the neighborhood children as she has the only pool in the neighborhood during what she calls 'fun Fridays.' Kimberly McCoy (District 1): Ms. McCoy is a lifelong resident of SW Fresno. She is a grass roots community organizer who worked on the Measure P Initiative, and provided community input for the Parks Master Plan. She has extensive experience working on issues affecting Fresno parks, including the BMX Park, Romain Park, Mary Ella Brown and Camp Pashayan. Her experience is in the areas of community parks, and youth and recreational programs. Scott Miller (District 1): Mr. Miller is the owner of Gazebo Gardens. He has a passion for community green space and equal access to green space. He has turned Gazebo Gardens into the neighborhood park and allows free access to everyone. He has a passion for youth, including youth development and programs. His areas of expertise include maintenance of community parks and green space, irrigation, plant species, and recreational programs. In his community work, he has had interaction with the San Joaquin Parkway Board and is aware of their mission and work on the preservation of the river. Mona Cummings (District 6): Ms. Cummings’ is the executive director of Tree Fresno. Her varied experiences utilize her biology degree and include working in forestry, working for environmental causes and educational opportunities for youth in Zimbabwe, and partnering with the Fresno Grizzlies to advance the Farm Grown initiative. In her current work with Tree Fresno she has interacted with the San Joaquin Parkway. She is passionate that community parks should meet community needs, with equal access for all citizens. She has expertise in community parks, green space, trails, and the development of the San Joaquin River Parkway. Harman Singh (District 2): Mr. Singh is a current UCLA graduate and is working in the rental assistance program. Mr. Singh has been interested in the Measure P Initiative since 2018. He participated in youth programs in the Fresno parks as a youth, and has a passion to develop youth programs in the parks. He is a member of the Jakara Movement that strives to preserve cultural programs that represent the diverse cultures in Fresno. Mr. Singh has passion for and would represent the “youth” viewpoint in the areas of youth development and recreational programming. Jose Leon Barraza (District 5): Mr. Barraza is the head of SEFCEDA. He previously worked for the County of Fresno, and provided oversight for the budgets for County departments, including public works and parks. He has extensive experience in developing capital projects and calculating operating expenses for County projects. Mr. Barraza has a passion for youth development and youth programs, including aligning participation in sports with excellence in schools. Mr. Barraza was involved in the development of the City’s Parks Master Plan and has a strong belief that parks should be accessible to all citizens, and the programs should include everyone. While involved in the development of the Parks Master Plan, Mr. Barraza partnered with the Fresno Arts Council to insure the Plan included and represented the diverse cultures in Fresno. Sarah Parkes (District 6) Ms. Parkes has been employed by the San Joaquin River Parkway Trust for the last 15 years. She is a lifelong Fresno resident who spent much of her youth walking to and enjoying Cary Park. She worked with the Measure P focus group to form the parameters of the City of Fresno Printed on 4/23/2021Page 3 of 4 powered by Legistar™ File #:ID 21-598,Version:1 Ordinance, and on signature gathering for the Measure P Initiative. Her vision for the City’s parks includes creating useable green space, and creating a mosaic of trails that link together all of the City Parks. In her work at the Parkway, she developed youth summer programs and designed the learning materials for the programs. She is passionate about creating an operations and maintenance plan for the City’s existing parks, insuring the use of Measure P dollars complies with the provisions of the Ordinance, and that these decisions are communicated in a transparent manner to the community. Her expertise is in trail development, youth programming, and the San Joaquin River Parkway Trust. ENVIRONMENTAL FINDINGS Not applicable. LOCAL PREFERENCE Not applicable. FISCAL IMPACT No impact Attachments: Resolution No 2018-118 Ordinance No 2021-005 Ordinance No 2021-010 City of Fresno Printed on 4/23/2021Page 4 of 4 powered by Legistar™ n y. 9rE4 9Li CITY OF FRESNO Ordinance Number 2021-005 AN ORDINANCE OF THE VOTERS OF THE CITY OF FRESNO ADDING ARTICLE 15 TO CHAPTER 7 OF THE FRESNO MUNICIPAL CODE, IMPOSING A 3/8 CENT TRANSACTIONS AND USE TAX TO BE ADMINISTERED BY THE CALIFORNIA DEPARTMENT OF TAX & FEE ADMINISTRATION TO RAISE REVENUES TO BE USED FOR CLEAN AND SAFE PARKS; NEW PARKS AND RECREATION FACILTIES; YOUTH AND SENIOR RECREATION AND AFTER-SCHOOL FACILITIES AND JOB TRAINING; IMPROVED WALKING AND BIKING TRAILS; THE SAN JOAQUIN RIVER PARKWAY; BEAUTIFICATION OF STREETS; AND EXPANDED ACCESS TO ARTS AND CULTURE. WHEREAS, parks, recreational activities, and outdoor spaces contribute to the health and vitality of the citizens of our City, improve the quality of life and make our community a better place to live; and WHEREAS, updating our parks and walking trails is a key part of maintaining healthy communities in Fresno and will help ensure all residents, including children, youth and seniors, have safe places to get out of the house to play or exercise; and WHEREAS, parks and recreational facilities are important for families serving as places for after-school, weekend and summer activities, sports for children, job training for at-risk youth to keep them busy and out of trouble, places for senior programs, and places to meet and interact with neighbors; and WHEREAS, the City of Fresno is ranked 90th of the 100 largest cities in the nation for its lack of parks with only 4% of the city area dedicated to parklands and only half of city residents living within walking distance (one-half mile) of a park entrance; and WHEREAS, park assessments have rated 80% of Fresno parks to be in "poor" or fair" condition. The backlog of deferred capital improvements is over$110 million dollars; and the cost to make improvements for better functionality and safety at current parks is over $175 million. Just to prevent further deterioration at the current levels would require an estimated $5 million annually over current spending; and WHEREAS, some parks in Fresno are too old and worn down to use and the City's parks and recreation centers need to be brought up to current health and safety 1 L a F Fit'. It n r TE'D Obi" standards with repairs to damaged pathways, playground equipment and sports fields, and improvements to ensure access for people with disabilities; and WHEREAS, well-maintained parks have been found to reduce crime rates, increase property values, and increase the economic activities of nearby businesses; and WHEREAS, the distribution of parkland across the City of Fresno has a historic imbalance, with many neighborhoods having few open spaces, playgrounds, swimming pools, and walkways; and WHEREAS, improving walkability and trail and sidewalk access to the network of park facilities is important for our health, helps drive the economy of nearby businesses, and improves the user experience for residents; and WHEREAS, cultural art and youth programs serve the community and neighborhoods, improve student performance in schools, and attract industry and businesses to our community, resulting in improved economic progress and quality of life. THE PEOPLE OF THE CITY OF FRESNO DO HEREBY ORDAIN AS FOLLOWS: SECTION 1. Article 15 is hereby added to Chapter 7 of the Fresno Municipal Code, to read as follows: Article 15. FRESNO CLEAN AND SAFE NEIGHBORHOOD PARKS TRANSACTIONS AND USE TAX 7-1501 — TITLE. This ordinance shall be known as the Fresno Clean and Safe Neighborhood Parks Tax Ordinance. 7-1502 — OPERATIVE DATE. "Operative date" means the first day of the first calendar quarter commencing more than 110 days after the adoption of this ordinance, the date of such adoption being certification by the City Clerk that this measure has received approval by two-thirds of those voting in the election. 7-1503 — PURPOSE. This ordinance is adopted to achieve the following and directs that the provisions hereof be interpreted in order to achieve those purposes: a) To adopt a retail transactions and use tax ordinance within the City in the amount of three-eighths of a cent per dollar (a rate of 0.375%) as provided herein 2 r CAI rs 0rt., Y. for the specific purpose of generating funds to be deposited into the Clean and Safe Neighborhood Parks Account that may only be used for the purposes specified herein including, but not limited to, clean and safe parks; new parks and recreation facilities; youth and senior recreation and after-school facilities and job training; improved walking and biking trails; the San Joaquin River Parkway; beautification of streets; and expanded access to arts and culture. b) To impose a retail transactions and use tax in accordance with the provisions of Part 1.6 (commencing with section 7251) of Division 2 of the Revenue and Taxation Code and section 7285.91 of Part 1.7 of Division 2 of the Revenue and Taxation Code which authorizes the City to adopt this tax ordinance provided that two thirds of the electors voting on the measure vote to approve the imposition of the tax at an election called for that purpose. c)To adopt a retail transactions and use tax ordinance that incorporates provisions identical to those of the Sales and Use Tax Law of the State of California insofar as those provisions are not inconsistent with the requirements and limitations contained in Part 1.6 of Division 2 of the Revenue and Taxation Code. d) To adopt a retail transactions and use tax ordinance that imposes a tax and provides a measure that can be administered and collected by the State Department of Tax and Fee Administration in a manner that adapts itself as fully as practicable to, and requires the least possible deviation from, the existing statutory and administrative procedures followed by the State Department of Tax and Fee Administration in administering and collecting the California State Sales and Use Taxes. e) To adopt a retail transactions and use tax ordinance that can be administered in a manner that will be, to the greatest degree possible, consistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, minimize the cost of collecting the transactions and use taxes, and at the same time, minimize the burden of record keeping upon persons subject to taxation underthe provisions of this ordinance. f) It is the intent of the voters in adopting this ordinance that the expenditures made pursuant to this ordinance shall supplement the levels of spending made by the City of Fresno in Fiscal Year 2017-18 in the areas funded by this ordinance and that the additional expenditures shall not supplant the 2017-18 spending levels. 3 a n tiPA A ti ED 00'' 7-1504 — IMPOSITION OF TAX, DEPOSIT INTO SPECIAL ACCOUNT AND ANNUAL ACCOUNTING. The following provisions shall govern the imposition of the transactions and use tax and the deposit and use of revenues generated by this ordinance. a) For the privilege of selling tangible personal property at retail, a transactions tax is hereby imposed upon all retailers in the City at the rate of three-eighths of a cent per dollar of the gross receipts of any retailer (a rate of 0.375%) from the sales of all tangible personal property sold at retail in the City on or after the operative date of this ordinance for a period of 30 years beginning on and after the operative date of this ordinance. b)A use tax is hereby imposed on the storage, use or other consumption in the City of tangible personal property purchased from any retailer on or after the operative date of this ordinance for storage, use or other consumption in said city at the rate of three-eighths of a cent per dollar of the sale price of the property (a rate of 0.375%) for a period of 30 years beginning on and after the operative date of this ordinance. The sales price shall include delivery charges when such charges are subject to the State sales or use tax regardless of the place to which delivery is made. c) The City Controller shall establish a Clean and Safe Neighborhood Parks Account and all retail transactions and use tax proceeds generated by this ordinance shall be deposited by the City Controller into the Clean and Safe Neighborhood Parks Account. Such proceeds shall only be used for the specific purposes identified in Section 7-1506. d) For so long as any proceeds of the retail transactions and use tax remain unexpended, the City Controller shall cause a report to be prepared by an independent auditor and filed with the City Council no later than December 31st of each year, stating: (i) the amount of retail transactions and use tax proceeds collected and expended in the prior fiscal year; and (ii) the status of any projects or description of any programs or services funded from proceeds of the retail transactions and use tax. 4 pp FJiE 7-1505 — SEPARATE SECTION WITH TRUE AND IMPARTIAL STATEMENT OF FACTS IDENTIFYING THE TAX AND SPECIFIC LIMITATIONS ON HOW THE REVENUE CAN BE SPENT. This ordinance enacts a transactions and use tax in the City at the rate of three-eighths of a cent per dollar to be used only for the purposes in Section 7- 1506 including, but not limited to, clean and safe parks; new parks and recreation facilities; youth and senior recreation and after-school facilities and job training; improved walking and biking trails; the San Joaquin River Parkway; beautification of streets; and expanded access to arts and culture. The Expenditure Plan in Section 7-1506 is intended as a specific and legally binding and enforceable limitation on how the proceeds of the transactions and use tax imposed by this ordinance may be spent. The revenues collected as a result of this tax may not be used for any purpose not specifically identified in this ordinance. 7-1506 — EXPENDITURE PLAN. The revenues generated by the retail transactions and use tax imposed by this ordinance shall be allocated by the City of Fresno on an annual basis with additional independent oversight provided bythe Commission to ensure expenditures are consistent with this Section. a) Funds shall be allocated for programs and projects that do one of the following: 1) Provide clean, safe neighborhoods parks for all Fresno residents; 2) Reduce crime and homelessness in parks; 3) Update and maintain park bathrooms and playgrounds; 4) Reduce graffiti and vandalism in parks; 5) Maintain and improve after-school, youth, and senior recreational programs; 6) Provide job training for at-risk youth and veterans; 7) Beautify landscaping and remove weeds and litter along major roads and highways; 8) Create parks in neighborhoods that don't have good park access, including soccer and sports fields; 9) Improve walking and biking access to parks and trails, including the San Joaquin River Parkway; and 10) Expand access to local arts and cultural programs. 5 R,3TFD pGt b) The funds deposited in to the Clean and Safe Neighborhood Parks Account pursuant to Section 7-1504 shall be expended according to the following schedule: 1) Improving and Maintaining Safe Clean Neighborhood Parks and Playgrounds A) Forty-six percent (46%) percent of funds made available from Section 7-1504 shall be dedicated as described in this paragraph. B) Funds in this paragraph shall be made available for the improvement, restoration, rehabilitation, operations, and maintenance of projects and programs including, but not limited to, the following: i. Park rehabilitation and other capital improvements in existing parks, including lighting; ii. Facility upgrades to improve efficiency and safety; iii. Playgrounds and picnic areas; iv. New restrooms and restroom improvements; v. Park access for individuals with disabilities; vi. Improved maintenance and operations of existing parks; vii. A park ranger program to improve safety in and around park facilities; viii. Publicly owned sport facilities and swimming pools; ix. City-owned arts, cultural, and recreational facilities located in parks, including Storyland/Playland and the Veterans Memorial Auditorium; x. Other projects consistent with the Parks Master Plan, and subsequent updates; xi. The planning, designing, engineering, and permitting activities associated with the above improvements. 6 00 FRO 4 F r a is ``77 Ln' rr'n asz tiw. C) Of the funds available pursuant to this paragraph, no less than fifty percent (50%) shall be made available for highest-need neighborhoods as defined in Section 7-1508. D) Except for projects funded pursuant to subparagraph (C), projects that leverage state, federal, or philanthropic funding shall receive funding priority. E) Of the funds available pursuant to this paragraph, no less than five million dollars ($5,000,000) annually shall be designated for improving operations and maintenance of existing parks and facilities. F) Projects funded pursuant to this paragraph shall attempt to provide multiple benefits, including water conservation, air quality improvements, climate pollution reductions, habitat protection, and public health improvements. 2) New Neighborhood Parks; Senior and Youth Recreation Facilities A) Twenty-one point five (21.5%) of the funds made available from Section 7-1504 shall be made available on an annual basis to improve the park system by investing in new park development and recreational facilities consistent with the Plan. B) Funds in this paragraph shall be made available for acquisition, development, operations, maintenance and improvement projects including, but not limited to, the following: L New neighborhood parks, pocket parks, and community gardens; ii. Public restrooms in new parks; iii. New senior and community centers associated with the park system; Ppk.IV iv. New regional parks located in the City of Fresno; v. Playgrounds and picnic areas in new parks; vi. New public sport facilities and swimming pools; vii. The planning, designing, engineering, and permitting activities associated with the above improvements. C) Of the funds available pursuant to this paragraph, no less than fifty percent (50%) shall be made available for highest-need neighborhoods as defined in Section 7-1508. D) Except for projects funded pursuant to subparagraph (C), projects that leverage state, federal or private funding shall receive funding priority. E) Projects funded pursuant to this paragraph shall attempt to provide multiple benefits, including water conservation, air quality improvements, climate pollution reductions, habitat protection, and community health improvements that result in reduced health burdens. 3) Youth and Senior Recreation Programs; After School Programs; and Job Training for Youth and Veterans A) Eight point five percent (8.5%) of the funds made available from Section 7-1504 shall be dedicated as described in this paragraph. B) Funds in this paragraph shall be available for the planning and delivery of projects and programs including, but not limited to, the following: i. Physical activity programming that promotes recreation and accessibility to recreational facilities; ii. Sports, arts and active programs; iii. Community and senior recreation center programs; iv. Swimming and water-oriented recreation programs; 8 IV rroL):.I v. Junior lifeguard, science and education, summer day camps, and other youth-oriented programs; vi. After-school programs for youth; vii. Job-training and employment opportunities for youth, young adults, and veterans. C) Of the funds made available from this paragraph, not less than fifty percent (50%) shall be made available on an annual basis for programs that provide job training, career development, or both, to youth, young adults and veterans, including education and/or certification for jobs within the conservation, science, arts, green technology, and parks and recreation fields. D) Programs funded pursuant to this paragraph shall prioritize service for at-risk youth and seniors as defined by the PARCS Department, in conjunction with the Commission. 4) Expanded Access to Arts and Culture A) Twelve percent (12%) percent of the funds made available from Section 7-1504 shall be made available on an annual basis to invest in competitive grants for nonprofit organizations that support and expand access to arts and cultural programming. B) Grants funded pursuant to this paragraph shall be implemented by the Commission in partnership with the Fresno Arts Council, or its successor local arts agency, using multiple solicitations that allow for a diverse set of programs, with different program sizes and reach, including core operating and project-support grants, to be funded. The Commission shall ensure that grant applications are reviewed in a transparent, competitive process. C) Prior to the implementation of subparagraph (B), the Commission shall work in partnership with the Fresno Arts Council, and local 9 pf FGp w r9a ry' P 7Y,U UL:T.ti arts and cultural stakeholders, to develop a Cultural Arts Plan for the City of Fresno that would identify needs in the arts and cultural community; prioritize outcomes and investments; and develop a vision and goals for the future of Fresno arts and cultural programs that are reflective of the cultural, demographic, and geographic diversity of Fresno. This process shall include a robust community engagement process, including multiple public meetings. The Cultural Arts Plan shall be updated every five years by the Commission. D) Funding for operating support distributed pursuant to this paragraph shall support organizational stability for arts and cultural organizations that reflect the cultural, geographic and demographic diversity of the City of Fresno; and reflect the proportion of each grantee's overall operations that serves residents within, or visitors to, the City of Fresno sphere of influence. E) Grants funded pursuant to subparagraph (B) shall prioritize organizations and programs that support and expand diverse public or youth engagement and equity. 5) Safe Walking and Biking Trails; Street Beautification and Litter Removal; and the San Joaquin River Parkway A) Eleven point twenty-five percent (11.25%) of the funds made available from Section 7-1504 shall be dedicated as described in this paragraph. B) Of the funds made available pursuant to this paragraph, forty- seven percent (47%) shall be made available for acquisition, development, improvement, restoration, operations, maintenance, or rehabilitation projects including: 10 61 FRes;. n TE9 OGi i. Trail development, including bike, pedestrian and equestrian trials, as identified in the Active Transportation Plan, including trails that support safe routes to schools; ii. Urban greening and tree planting along designated trails in the Active Transportation Plan; iii. The planning, designing, engineering, and permitting activities associated with the above improvements. C) Of the funds made available pursuant to subparagraph (B), no more than twenty percent (20%) of the funds shall be made available for operations and maintenance of trails. D) Of the funds made available pursuant to subparagraph (B), no less than twenty-five percent (25%) of the funds shall be prioritized for Class I and Class IV pedestrian and bicycle pathways along the Priority Network" as identified in the Active Transportation Plan. E) Of the funds made available pursuant to this paragraph, eighteen percent (18%) shall be made available for operations and projects consistent with the San Joaquin River Parkway Master Plan, in coordination with the San Joaquin River Conservancy and the San Joaquin River Parkway Trust. F) Of the funds made available pursuant to this paragraph, thirty- five percent (35%) shall be made available for development, improvement, restoration, maintenance, or rehabilitation of projects including, but not limited to, the following: i. Litter and debris removal along major roads and streets within the City of Fresno, and along highways within the City of Fresno and its county islands; ii. Landscape beautification and restoration projects along major roads and streets within the City of Fresno, and along highways within the City of Fresno and its county islands; 11 4F O. P ti trza 0CA iii. The planning, designing, engineering, and permitting of activities associated with the above improvements. G) Of the funds made available pursuant to subparagraph (F), prioritization shall be given to projects that i. Reduce overall water usage or include drought-tolerant plantings in landscaping; ii. Leverage local, state, federal and private funding. H) Where appropriate, projects funded pursuant to subparagraph F) shall be coordinated with Caltrans. 7-1507— DEFINITIONS. The following definitions shall apply to this Measure:- a) "Active Transportation Plan" means the City of Fresno's currently adopted Active Transportation Plan, or any subsequent update. b) "City" means the City of Fresno. c) "Department" means the City of Fresno Parks, After School, Recreation, and Community Services Department. d) "Commission" means the Parks, Arts and Recreation Commission established in Section 7-1509. e) "Council" means the City of Fresno's City Council. f) "Cultural Facility" means a building owned and/or operated by the City of Fresno which shall be used for the programming, production, presentation, and/or exhibition of natural history and any of the arts and/or cultural disciplines. These disciplines include music, dance, theatre, creative writing, literature, architecture, painting, sculpture, folk arts, photography, crafts, media arts, and visual arts. g) "Highest-need neighborhoods" means those communities as defined pursuant to Section 7-1508. h) "Interpretation" means, a visitor serving amenity that enhances the ability to understand and appreciate the significance and value of natural, historical, cultural and recreational resources that may utilize educational materials in 12 r v n r ado • lti. 4;; 11 00 multiple languages, digital information, and the expertise of a naturalist or other skilled specialist. i) "Forest or Forestry" means the cultivation and management of trees in an urban area for their present and potential contribution to the economic, physiological, sociological, and ecological well-being of urban society. j) "The Fresno Arts Council" means the current partnering organization of the City and County of Fresno that is tasked to promote the arts industry, or its successor. k) "Plan" means the Fresno City Master Parks Plan as adopted in 2018 or any subsequently adopted amendments or updates. 1) "Joint-use" means shared management of facilities, land, utilities, programs, or other common elements between two or more parties, especially schools and flood control facilities. m) "Multi-benefit project" means a project that maximizes or enhances recreation opportunities and one or more of the following: protection or enhancement of the natural environment, stormwater capture, water and air quality improvements, greenhouse gas emission reductions, carbon sequestration, heat-island reductions; habitat protection and biodiversity, community health improvements that reduce health burdens, or any combination thereof. n) "Nonprofit Organization" means any charitable organization described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, which has among its purposes the provision of park, recreation or community services or facilities; art appreciation; trail development or management; gang prevention, intervention, and services for at-risk youth; conservation corps; environmental education and interpretation; or tree-planting. o) "Park" means those facilities described in the Plan or subsequently added to the City's public park system. p) "State" means the State of California, except as otherwise provided herein. q) "Veterans" means any person who served in the United States armed forces as defined by Title 38 of the Code of Federal Regulations. 7-1508— PROGRAM IMPLEMENTATION AND FISCAL CONTROLS. 13 9 0 Tc qo, a) Authority to expend funds, issue grants, or enter into contracts or memoranda of understanding relating to the revenues deposited into the Clean and Safe Neighborhood Parks Account pursuant to Section 7-1504 is delegated to the City of Fresno, provided that no expenditures may be made from the Account except as provided in this ordinance. b) In an effort to provide efficient administration and implementation of the program and project funding pursuant to this ordinance, the City may enter into interagency agreements with city departments, local agencies, county and/or state agencies, and provide grants to nonprofit organizations. c) Of the funds made available pursuant to this ordinance, the City may periodically dedicate a portion of funds to competitive grant solicitations for local education agencies, public agencies, and nonprofit organizations to develop and implement projects and programs. d) Of the funds made available pursuant to this ordinance, the City shall promote the use of the local conservation corps and other local youth and veteran training programs in the implementation of programs and projects funded. e) Identification of highest-needs neighborhoods: 1) Up to and including December 31, 2019, the City, in conjunction with the Commission, shall define the highest-need neighborhoods as those areas that are located within census tracts that rank within the top twenty-five percent (25%) of Fresno census tracts as identified in the State's CalEnviroScreen 3.0; and whose nearest park is identified as being in poor condition, according to the Plan, or is located within a priority zone for new parks, as defined by the Plan. 2) No later than January 1, 2020, the City, in conjunction with the Commission, shall adopt a new definition of highest-needs neighborhoods, after conducting a public process, to be updated every three years and included in subsequent updates to the Plan. The City and Commission shall create a weighted index incorporating the following data in developing the definition: 14 p*7p.p oc. A) Existing conditions of parks and facilities based on needs assessment data in the Plan; B) The proportion of the population that lives within walking distance (1/2 mile) to a park; C) Park acreage per 1,000 residents; D) Population density; E) Neighborhood youth and senior population; F) Neighborhood safety; G) Neighborhoods of concentrated poverty; H) Pollution burden, as defined by CalEnviroScreens 3.0, or subsequent updates; 1) Pre-term birth rates; W Years of potential life lost; K) Neighborhood composite mortality rate. 3) In making the expenditures provided in Section 7-1506, the City shall be permitted to use no more than two percent (2%) of the funds allocated pursuant to each paragraph of that Section on an annual basis for administrative costs associated with the delivery of programs and projects pursuant to each paragraph. 4) Starting with the 2029-30 fiscal year, the City may adjust the percentage funding allocations within each paragraph of Section 7-1506(b) by up to two percentage points each year, and between paragraphs of Section 7- 1506(b) by up to one-half percentage point each year. 15 r UN r4i c P,trFtr nct. 5) Up to zero point seventy-five percent (0.75%) of the total funds made available pursuant to this Measure shall be made available on an annual basis to invest in program implementation, planning and plan updates, program and project innovation, and audit and oversight support to ensure the investments made by the citizens of Fresno create a world class set of facilities and programs and that funds are spent in accordance with the voters' will, including, but not limited to the following: A) Technology, community outreach, and technical assistance for program implementation; B) Interpretation and special language needs; C) Strategic planning and updates to the Parks Master Plan and Cultural Arts Plan; D) Costs associated with program oversight and accountability, including audits. 7-1509— FISCAL OVERSIGHT AND BUDGET ACCOUNTABILITY. a) A new Parks, Recreation and Arts Commission consisting of nine (9) members is hereby created, to be appointed by the Mayor with approval by the City Council in accordance with Article IX of the Fresno City Charter. b) The Mayor and City Council shall appoint all members of the Commission no later than June 30, 2019. c) The membership of the Commission shall reflect the cultural, demographic, and geographic diversity of the City of Fresno, with at least one-third of the Commissioners residing in highest-need neighborhoods, as defined in Section 7-1508. 16 D- d) 64n a'r The Commission shall include members with the following areas of demonstrated expertise: 1) Community parks and open space management; 2) Youth development or recreation programs; 3) Trails and San Joaquin River Parkway development and programming; 4) Arts and culture programming; e) The Commission shall have primary authority on behalf of the City to: 1) Conduct hearings and receive public input on allocations related to this ordinance, updates to the Parks Master Plan and Cultural Arts Plan, and annual PARCS Department Budget and Capital Improvement Plans; make recommendations to the City Council; 2) Review City staff recommendations for budget allocations related to this ordinance to ensure consistency with the ordinance and Expenditure Plan; make recommendations to the City Council for adoption of expenditures in connection with annual budget process and any amendments thereto; 3) Review and recommend for City adoption guidelines for competitive grant programs established with funds from this Measure; 4) Oversee development and recommend City Council adoption of the Cultural Arts Plan and subsequent updates; 5) Review and make recommendations to the Mayor and City Council on fees related to parks, trails, and open space; 6) Review the Controller's annual independent audit of the Clean and Safe Neighborhood Parks Account; ensure that a complete accounting of all 17 L ] z• expenditures each year is published and posted on a publicly accessible website; 7) Every five years, submit an evaluation of the program to the public and the City of Fresno; 8) Provide input on an annual report prepared by City staff that includes: A) Update on the percentage of Fresnans that live within % mile of a pa rk; B) Update on the number and percentage of Fresnans accessing PARCS programs; C) Update on the implementation of the Parks Master Plan; D) Update on the implementation of the Active Transportation Plan; E) Update on the implementation of deferred maintenance and improvements to existing parks and recreational facilities in the City. f) The City Council shall have the authority to further define the role and powers of the Commission by adopting implementing ordinances and revising them over time. g) In consultation with the City Attorney, City Clerk, and appropriate City staff, the Commission shall have authority to determine operating procedures consistent with the City Charter and the Municipal Code, including the other provisions of this ordinance. h) The Commission shall hold public meetings and operate pursuant to California Government Code section 54950. 18 or• fir, i) The Commission members shall be governed by and comply with State conflict of interest laws (e.g., Government Code section 87000 et seq. and section 1090 et seq.) and the City's conflict of interest policies. 7-1510— MISCELLANEOUS PROVISIONS. a) Parks or other public facilities acquired, developed, rehabilitated or maintained with funds from this Measure shall be open, accessible, and affordable to the public without discrimination as to race, color, sex, sexual orientation, age, religious belief, national origin, marital status, physical or medical handicap, medical condition or place of residence. b) The department shall not sell bonds secured by any revenues made available by this ordinance. c) The City shall not use funds generated from this resolution to develop facilities on existing or former landfills or waste refuse facilities. d) No provision of this ordinance shall be construed as authorizing the condemnation of privately-owned lands. Acquisition of property through eminent domain shall be strictly prohibited with the funds generated by this ordinance. e) Reasonable public access to lands acquired in fee simple with funds made available pursuant to this ordinance shall be provided except where that access may interfere with resource protection or to ensure public safety. For purposes of this ordinance, reasonable public access shall include parking and public restrooms. f) All real property acquired pursuant to this ordinance shall be acquired in compliance with Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 of the California Government Code. Public Agencies and Nonprofit Organizations receiving funds pursuant to this resolution shall certify compliance to the City. Funds disbursed to a Public Agency in accordance with this ordinance may be expended by that agency pursuant to an agreement, or by an entity, authorized or established pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code. 19 as ty R'ren oc• 7-1511 — CONTRACT WITH THE STATE. Prior to the operative date, the City shall contract with the State Department of Tax and Fee Administration to perform all functions incident to the administration and operation of this retail transactions and use tax ordinance; provided, that if the city shall not have contracted with the State Department of Tax and Fee Administration prior to the operative date, it shall nevertheless so contract and in such case the operative date shall be the first day of the first calendar quarter following the execution of such a contract. 7-1512 — PLACE OF SALE. For the purpose of this ordinance, all retail transactions are consummated at the place of business of the retailer unless the tangible personal property sold is delivered by the retailer or his agent to an out-of-state destination or to a common carrier for delivery to an out-of-state destination. The gross receipts from such sales shall include delivery charges, when such charges are subject to the State sales and use tax, regardless of the place to which delivery is made. In the event a retailer has no permanent place of business in the State or has more than one place of business, the place or places at which the retail sales are consummated, for the purposes of this ordinance, shall be determined under rules and regulations to be prescribed and adopted by the State Department of Tax and Fee Administration. 7-1513—ADOPTION OF PROVISIONS OF STATE LAW. Except as otherwise provided in this ordinance and except insofar as they are inconsistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, all of the provisions of Part 1 (commencing with section 6001) of Division 2 of the Revenue and Taxation Code are hereby adopted and made a part of this ordinance as though fully set forth herein. 7-1514—LIMITATIONS ON ADOPTION OF STATE LAW AND COLLECTION OF TAXES. In adopting the provisions of Part 1 of Division 2 of the Revenue and Taxation Code: a) Wherever the State of California is named or referred to as the taxing agency, the name of this City shall be substituted therefor. However, the substitution shall not be made: 1) When the word "State" is used as part of the title of the State Controller, State Treasurer, State Department of Tax and Fee Administration, State Treasury, or the Constitution of the State of California; 20 4fy AT TEE Oct, 2) Where the result of that substitution would require action to be taken by or against this City or any agency, officer or employee thereof rather than by or against the State Department of Tax and Fee Administration, in performing the functions incident to the administration or operation of this ordinance. 3) In those sections, including, but not necessarily limited to sections referring to the exterior boundaries of the State of California, where the result of the substitution would be to: A) Provide an exemption from this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not otherwise be exempt from this tax while such sales, storage, use or other consumption remain subject to tax by the State under the provisions of Part 1 of Division 2 of the Revenue and Taxation Code, or; B) Impose this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not be subject to tax by the State under the said provision of that code. 4) In sections 6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737, 6797, or 6828 of the Revenue and Taxation Code. b) The word "City" shall be substituted for the word "State" in the phrase retailer engaged in business in this State" in section 6203 of the Revenue and Taxation Code, and in the definition of that phrase in section 6203. 7-1515 — PERMIT NOT REQUIRED. If a seller's permit has been issued to a retailer under section 6067 of the Revenue and Taxation Code, an additional transactor's permit shall not be required by this ordinance. 7-1516— EXEMPTIONS AND EXCLUSIONS. 21 rN Ff1 Qy' a) There shall be excluded from the measure of the transactions tax and the use tax the amount of any sales tax or use tax imposed by the State of California or by any city, city and county, or county pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law or the amount of any state-administered transactions or use tax. b) There are exempted from the computation of the amount of transactions tax the gross receipts from: 1) Sales of tangible personal property, other than fuel or petroleum products, to operators of aircraft to be used or consumed principally outside the county in which the sale is made and directly and exclusively in the use of aircraft as common carriers of persons or property under the authority of the laws of this State, the United States, or any foreign government. 2) Sales of property to be used outside the City which are shipped to a point outside the City, pursuant to the contract of sale, by delivery to that point by the retailer or his or her agent, or by delivery by the retailer to a carrier for shipment to a consignee at such point. For the purposes of this paragraph, delivery to a point outside the City shall be satisfied: A) With respect to vehicles (other than commercial vehicles) subject to registration pursuant to Chapter 1 (commencing with section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with section 21411 of the Public Utilities Code, and undocumented vessels registered under Division 3.5 commencing with section 9840) of the Vehicle Code by registration to an out-of-City address and by a declaration under penalty of perjury, signed by the buyer, stating that the address is, in fact, his or her principal place of residence; and B) With respect to commercial vehicles, by registration to a place of business out-of-City and a declaration under penalty of perjury 22 y 4 FRCS A 14" signed by the buyer, that the vehicle will be operated from that address. 3) The sale of tangible personal property if the seller is obligated to furnish the property for a fixed price pursuant to a contract entered into prior to the operative date of this ordinance. 4) A lease of tangible personal property which is a continuing sale of that property, for any period of time for which the lessor is obligated to lease the property for an amount fixed by the lease prior to the operative date of this ordinance. 5) For purposes of subparagraphs (3) and (4) of this section, the sale or lease of tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not that right is exercised. c) There are exempted from the use tax imposed by this ordinance, the storage, use or other consumption in this City of tangible personal property: 1) The gross receipts from the sale of which have been subject to a transactions tax under any state-administered transactions and use tax ordinance. 2) Other than fuel or petroleum products purchased by operators of aircraft and used or consumed by the operators directly and exclusively in the use of the aircraft as common carriers of persons or property for hire or compensation under a certificate of public convenience and necessity issued pursuant to the laws of this State, the United States, or any foreign government. This exemption is in addition to the exemptions provided in sections 6366 and 6366.1 of the Revenue and Taxation Code. 23 P.7 rLG CGS• 3) If the purchaser is obligated to purchase the property for a fixed price pursuant to a contract entered into prior to the operative date of this ordinance. 4) If the possession of, or the exercise of any right or power over, the tangible personal property arises under a lease which is a continuing purchase of the property for any period of time for which the lessee is obligated to lease the property for an amount fixed by a lease entered into prior to the operative date of this ordinance. 5) For the purposes of subparagraphs (3) and (4) of this section, the storage, use or other consumption, or possession of, or exercise of any right or power over, tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not the right is exercised. 6) Except as provided in paragraph (7), a retailer engaged in business in the City shall not be required to collect use tax from the purchaser of tangible personal property, unless the retailer ships or delivers the property into the City or participates within the City in making the sale of the property, including, but not limited to, soliciting or receiving the order, either directly or indirectly, at a place of business of the retailer in the City or through any representative, agent, canvasser, solicitor, subsidiary, or person in the City under the authority of the retailer. 7) "A retailer engaged in business in the City' shall also include any retailer of any of the following: vehicles subject to registration pursuant to Chapter 1 (commencing with section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with section 21411 of the Public Utilities Code, or undocumented vessels registered under Division 3.5 commencing with section 9840) of the Vehicle Code. That retailer shall be required to collect use tax from any purchaser who registers or licenses the vehicle, vessel, or aircraft at an address in the City. 24 mil Rr u A ti O'$f d) Any person subject to use tax under this ordinance shall be entitled to credit against that tax or any transactions tax or reimbursement for transactions tax, paid to the city or retailer in the city liable for a transactions tax pursuant to Part 1.6 of Division 2 of the Revenue and Taxation Code. 7-1517—STATE LAW AMENDMENTS. All amendments subsequent to the effective date of this ordinance to part 1 of Division 2 of the Revenue and Taxation Code relating to sales and use taxes and which are not inconsistent with Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, and all amendments to Part 1.6 and 1.7 of Division 2 of the Revenue and Taxation Code, shall automatically become part of this ordinance, provided however, that no such amendment shall operate so as to affect the rate of tax imposed by this ordinance. 7-1518 — AMENDMENT OF ORDINANCE. Except for amendments that would increase the tax rate, impose the tax on transactions and uses not previously subject to the tax (unless the amendment occurs pursuant to Section 7-1517), extend the tax, allow expenditures other than those provided in Section 7-1506, or be inconsistent with the purposes of this ordinance, the City Council may amend this ordinance without submitting the amendment to the voters for approval. 7-1519 — ENJOINING COLLECTION FORBIDDEN. No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against the State or the City, or against any officer of the State or the City, to prevent or enjoin the collection under this ordinance, or Part 1.6 of Division 2 of the Revenue and Taxation Code, of any tax or any amount of tax required to be collected. SECTION 2. SEVERABILITY. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby. SECTION 3. MEASURE EFFECTIVE UPON RATIFICATION BY VOTERS. This Measure shall be effective upon determination of the City Clerk that it has been approved by two thirds of the electorate voting in an election on this ordinance, the Clerk shall certify the passage of this ordinance, publish the same as required by law, and forward a copy of the ordinance to the Department of Tax and Fee Administration. 25 FR& ram f oq Asrrn at.~. Officers and employees of the City shall take all actions necessary to implement this ordinance, including execution of the contract required by Section 7-1511. R 26 MEMORANDUM DATE: February 25, 2021 TO: Memo for the Record FROM: Yvonne Spence, CRM, CIVIC City Clerk RE: Technical Correction The renumbering of the Measure P Ordinance 2021-005 between the time of the election and certification by Council is due to the following reason: Codification Renumbering. As part of certification, the Council codified Measure P in Article 15 of Chapter 7 of the Fresno Municipal Code (FMC). The original language of Measure P, as voted on at the November 6, 2018, general election, contemplated codification of the ordinance in Article 14 of Chapter 7 of the FMC. However, such codification was not possible at the time of certification on February 18, 2021, due to the unavailability of Article 14. As such, the Measure P ordinance was renumbered and codified in Article 15. A of F*t., Cs G r s an q yV A+co acS. BILL NO. 4 ORDINANCE NO. 2021-010 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FRESNO, CALIFORNIA AMENDING ARTICLE 15 OF CHAPTER 7 OF THE FRESNO MUNICIPAL CODE, RELATING TO CERTAIN TECHNICAL AMENDMENTS REQUIRED BY THE CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION AND AS REQUIRED DUE TO THE PASSAGE TIME OF THE FRESNO CLEAN AND SAFE NEIGHBORHOOD PARKS TAX ORDINANCE MEASURE P) WHEREAS, on November 6, 2018, a general election was held in the City of Fresno and Measure P, regarding a proposed Fresno Clean and Safe Neighborhood Parks Tax Ordinance, received 52.17% affirmative votes; and WHEREAS, on December 13, 2018, the Council, via Resolution 2018-302 certified that Measure P failed because it received less than two-thirds of the votes cast; and WHEREAS, Council provided in Paragraph 9 of Resolution 2018-188, pursuant to which Measure P was placed on the November 6, 2018, general election ballot, that: Passage of this measure requires approval by two-thirds (2/3) vote, unless otherwise required by law"; and WHEREAS, subsequent to the City's certification of Measure P election results via Resolution 2018-302, the City filed a complaint for declaratory relief in the Fresno County Superior Court requesting a determination of the voter threshold required for passage of a special tax brought by voter initiative (the Measure P Litigation); and WHEREAS, the Measure P Litigation has resulted in the Fifth District Court of Appeal determining that, as a matter of law, the vote threshold for passage of a voter Date Adopted: 03/18/2021 Date Approved: 03/22/2021 Effective Date: 04/22/2021 1 of 8 Ordinance No. 2021-010 initiated special sales tax is a simple majority, and the Fifth District Court of Appeal has ordered the City to declare Measure P passed; and WHEREAS, on February 18, 2021, pursuant to the Fifth District Court of Appeal's determination that voter -initiated special sales tax measures require only a simple majority vote to pass, Council certified and declared via Resolution No. 2021- 040 that Measure P passed; and WHEREAS, pursuant to Resolution No. 040 , Measure P was codified in Article 15 of Chapter 7 of the Fresno Municipal Code, having been renumbered as necessary; and WHEREAS, because of the passage of time and requirements of the California Department of Tax and Fee Administration, certain technical amendments are required, - and WHEREAS, Section 7-1518 of the Fresno Municipal Code authorizes Council to make such technical amendments. THE COUNCIL OF THE CITY FRESNO DOES ORDAIN AS FOLLOWS: SECTION 1. The recitals set forth above are incorporated herein by this reference. SECTION 2. Section 7-1502 of the Fresno Municipal Code is amended to read as follows.. SECTION 7-1502. OPERATIVE DATE. "Operative date" means the first day of the first calendar quarter commencing more than 110 days after the adoption of this ordinance, the date of such adoption being certification by the City Clerk that this measure has received approval by two t#i 4s [a ma'ont of those voting in the election. [The Operative date is expected to be July 1, 2021.] SECTION 3. Section 7-1503 of the Fresno Municipal Code is amended to read as fol lows: 2of8 qF Fl? . p x b O tti A47f0 ncY. SECTION 7-1503. PURPOSE. This ordinance is adopted to achieve the following and directs that the provisions hereof be interpreted in order to achieve those purposes: a) To adopt a retail transactions and use tax ordinance within the City in the amount of three -eighths of a cent per dollar (a rate of 0.375%) as provided herein for the specific purpose of generating funds to be deposited into the Clean and Safe Neighborhood Parks Account that may only be used for the purposes specified herein including, but not limited to, clean and safe parks; new parks and recreation facilities; youth and senior recreation and after -school facilities and job training; improved walking and biking trails; the San Joaquin River Parkway; beautification of streets; and expanded access to arts and culture. b) To impose a retail transactions and use tax in accordance with the provisions of Part 1.6 (commencing with section 7251) of Division 2 of the Revenue and Taxation Code and section 7285.91 of Part 1.7 of Division 2 of the Revenue and Taxation Code which authorizes the City to adopt this tax ordinance provided that two thirds ja malorityl of the electors voting on the measure vote to approve the imposition of the tax at an election called for that purpose. c) To adopt a retail transactions and use tax ordinance that incorporates provisions identical to those of the Sales and Use Tax Law of the State of California insofar as those provisions are not inconsistent with the requirements and limitations contained in Part 1.6 of Division 2 of the 3 of 8 S of FRE, f U p a k pC oq yy. tlM'rER OC[ Revenue and Taxation Code. d) To adopt a retail transactions and use tax ordinance that imposes a tax and provides a measure that can be administered and collected by the State California Department of Tax and Fee Administration in a manner that adapts itself as fully as practicable to, and requires the least possible deviation from, the existing statutory and administrative procedures followed by the State California Department of Tax and Fee Administration in administering and collecting the California State Sales and Use Taxes. e) To adopt a retail transactions and use tax ordinance that can be administered in a manner that will be, to the greatest degree possible, consistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, minimize the cost of collecting the transactions and use taxes, and at the same time, minimize the burden of record keeping upon persons subject to taxation under the provisions of this ordinance. f) It is the intent of the voters in adopting this ordinance that the expenditures made pursuant to this ordinance shall supplement the levels of spending made by the City of Fresno in Fiscal Year 2017-2018 in the areas funded by this ordinance and that the additional expenditures shall not supplant the 2017-2018 spending levels. SECTION 4. Section 7-1508(e)(1) of the Fresno Municipal Code is amended to read as follows.. 1) Up to and including December 31, 2019 [20211, the City, in conjunction with the Commission, shall define the highest -need neighborhoods 4of8 as those areas that are located within census tracts that rank within the top twenty-five percent (25%) of Fresno census tracts as identified in the State's CalEnviroScreen 3.0; and whose nearest park is identified as being in poor condition, according to the Plan, or is located within a priority zone for new parks, as defined by the Plan. SECTION 5. Section 7-1508(e)(2) of the Fresno Municipal Code is amended to read as fol lows: 2) No later than January 1, 2020 2022 , the City, in conjunction with the Commission, shall adopt a new definition of highest -needs neighborhoods, after conducting a public process, to be updated every three years and included in subsequent updates to the Plan. The City and Commission shall create a weighted index incorporating the following data in developing the definition: A) Existing conditions of parks and facilities based on needs assessment data in the Plan; B) The proportion of the population that lives within walking distance (1/2 mile) to a park; C) Park acreage per 1,000 residents; D) Population density; E) Neighborhood youth and senior population; F) Neighborhood safety, G) Neighborhoods of concentrated poverty; H) Pollution burden, as defined by CalEnviroScreens 3.0, or subsequent updates; 1) Pre -term birth rates; 5 of 8 J) Years of potential life lost; K) Neighborhood composite mortality rate. SECTION 6. Section 7-1509(b) of the Fresno Municipal Code is amended to read as follows.. b) The Mayor and City Council shall appoint all members of the Commission no later than June 30, 2019 2f021]. SECTION 7. Section 7-1511 of the Fresno Municipal Code is amended to read as follows: SECTION 7-1511. CONTRACT WITH THE STATE. Prior to the operative date, the City shall contract with the State -California Department of Tax and Fee Administration to perform all functions incident to the administration and operation of this retail transactions and use tax ordinance; provided, that if the city shall not have contracted with the State jCalifornial Department of Tax and Fee Administration prior to the operative date, it shall nevertheless so contract and in such case the operative date shall be the first day of the first calendar quarter following the execution of such a contract. SECTION 8. Section 7-1512 of the Fresno Municipal Code is amended to read as fol lows: SECTION 7-1512. PLACE OF SALE. For the purpose of this ordinance, all retail transactions are consummated at the place of business of the retailer unless the tangible personal property sold is delivered by the retailer or his agent to an out-of-state destination or to a common carrier for delivery to an out-of- state destination. The gross receipts from such sales shall include delivery charges, when such charges are subject to the State sales and use tax, regardless of the place to which delivery is made. In the event a retailer has no permanent place of business in the State or has more than one place of business, the place or places at which the retail sales are consummated, for the purposes of this ordinance, shall be determined under rules and regulations to be prescribed and adopted by the State [California) Department of Tax and Fee Administration. SECTION 9. Section 7-1514(a)(1) of the Fresno Municipal Code is amended to read as follows: 1) When the word "State" is used as part of the title of the State Controller, State Treasurer, State California Department of Tax and Fee Administration, State Treasury, or the Constitution of the State of California; SECTION 10. Section 7-1514(a)(2) of the Fresno Municipal Code is amended to read as follows: 2) Where the result of that substitution would require action to be taken by or against this City or any agency, officer or employee thereof rather than by or against the State California Department of Tax and Fee Administration, in performing the functions incident to the administration or operation of this ordinance. SECTION 11. Paragraph 1 is added to Subsection (b) of Section 7-1514 of the Fresno Municipal Code to read as follows: 0) "A retailer engaged in business in the City," shall also include any retailer that in the preceding calendar year or the current calendar year, has total combined sales of tangible personal propertyin this state or for delive in the State by the retailer and all 2ersons related to the retailer that exceeds five hundred thousand dollars ($500,000). For the purposes of this section, a person is related to another person if both persons are related to each other pursuant to 7 of 8 Section 267 b of Title 26 of the United States Code and regulations thereundgr.j SECTION 12. This ordinance shall become effective and in full force and effect at 12:01 a.m. on the thirty-first day after its final passage. r*w***ww,r*xw*k r•kwK x* 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 18t" day of March 2021. AYES : Arias, Esparza, Maxwell, Soria, Chavez NOES : Bredefeld, Karbassi ABSENT : None ABSTAIN : None Mayor Approval: March 22" d . 2021 Mayor Approval/No Return. N/A .2021 Mayor Veto: N/A 12021 Council Override Vote: N/A 2021 APPROVED AS TO FORM: YVONNE SPENCE, MMC CRM City Clerk ip utyyDate DOUGLAS T. SLOAN, City Atto y By: aala' co( R j Singh BkhesheDate Supervising Deputy City Attorney 8of8 ti of F*,ta 4 velope ID: B810E9B1-94AB-4777-916B-3A88D8BBDA25 a https://fresno.legistar.com/MeetingDetail r oct ems. 9F7B264A1A55&options=i nfo l &Search= March 19, 2021 TO: MAYOR JERRY DYER aspx?ID=819142&QUID=A20CF887-A6FB-45AD-9Ec6- FROM YVONNE SPENCE, MMC, CRM City Clerk Council Adoption: 03/18/2021 Mayor Approval: Mayor Veto: Override Request: SUBJECT: TRANSMITTAL OF COUNCIL ACTION FOR APPROVAL OR VETO At the City Council meeting of March 18, 2021, Council adopted the attached Bill No. B-4, Ordinance No. 2021-010 entitled ***BILL - B-4 - (Intro. 3/4/2021) (For Adoption) Amending Article 15 of Chapter 7 of the Fresno Municipal Code relating to certain technical amendments required by the California Department of Tax and Fee Administration and as required due to the passage time of the Fresno Clean and Safe Neighborhood Parks Tax Ordinance (Measure P). Item 1-B, File ID21-345, by the following vote: Ayes Arias, Esparza, Maxwell, Soria, Chavez Noes Bredefeld, Karbassi Absent None Abstain None Please indicate either your formal approval or veto by completing the following sections and executing and dating your action. Please file the completed memo with the Clerk's office on or before March 29, 2021. In computing the ten day period required by Charter, the first day has been excluded and the tenth day has been included unless the loth day is a Saturday, Sunday, or holiday, in which case it has also been excluded. Failure to file this memo with the Clerk's office within the required time limit shall constitute approval of the ordinance, resolution or action, and it shall take effect without the Mayor's signed approval. PPROVED NO RETURN: VETOED for the following reasons: (Written objections are required by Charter; attach additional sheets if necessary.) Je Dyer, Mayor COUNCIL OVERRIDE ACTION: Ayes Naes "" Abser U Absta+ P Gobd,--to go. t=S Date: Date: City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 21-599,Version:1 REPORT TO THE CITY COUNCIL April 28, 2021 SUBJECT Ordinance (for introduction) - Amending FMC sections 4-203 and 4-204 concerning disposition of City real property. City of Fresno Printed on 4/23/2021Page 1 of 1 powered by Legistar™ 1 of 7 Date Adopted: Date Approved Effective Date: City Attorney Approval: ________ Ordinance No. BILL NO. ORDINANCE NO. AN ORDINANCE OF THE CITY OF FRESNO, CALIFORNIA, AMENDING SECTIONS 4-203 and 4-204 OF THE FRESNO MUNICIPAL CODE, DISPOSITION OF REAL PROPERTY THE COUNCIL OF THE CITY OF FRESNO DOES ORDAIN AS FOLLOWS: SECTION 1. Section 4-203 of the Fresno Municipal Code is amended to read: SEC. 4-203. - SURPLUS REAL PROPERTY. (a) "Surplus land" shall mean real property owned by the City that is determined to be no longer necessary for the City's use, except property being held for the purpose of exchange. Property is not surplus if the City has some purpose in mind for its use. (b) Prior to disposing of real property, Council shall make a determination whether such property is surplus land pursuant to Government Code sections 54220 et seq. (the "Surplus Land Act"). In the case of property valued at $50,000 or less, City Manager shall determine whether property is surplus land. (c) Prior to disposing of surplus land, City shall comply with the requirements of the Surplus Land Act[, as well as 4-204.] If surplus land is not transferred pursuant to the Surplus Land Act, the property shall be subject to Section 4-204. 2 of 7 Section 2. Section 4-204 of the Fresno Municipal Code is amended to read: SECTION 4-204. - DISPOSITION OF REAL PROPERTY. (a) Except for sales made pursuant to Section 4-203 or Subsection (b) below, rReal property may be sold [, encumbered by an option, or leased for period exceeding five years] only after an open and competitive request for proposals (RFP) process initiated by Council action [and in compliance with state law concerning disposition of surplus land; exclusive negotiating agreements shall not be permitted]. (1) An evaluation committee, to be selected prior to publication of the RFP, shall interview potential purchasers [proposers], review and rank all purchase proposals based on a predetermined set of criteria as set forth in the RFP, and make recommendations for selection of a purchaser[ to present to Council for approval]. The committee at a minimum shall consist of two employees from the affected department as well as at least two employees and/or members of the public. The composition of the committee shall be at the discretion of the City Manager. Information provided to and prepared by the committee shall not be deemed a public record until such time as a contract shall be placed on the agenda for Council consideration. (2) Once an RFP has been finalized, the affected department shall advertise the Notice Inviting Proposals for 3 of 7 Purchase of City Property in a local newspaper of general circulation and on the city website. Property owners within 1,000 feet of the subject property shall be provided specific notice of the RFP. (3) Contracts for the sale [or lease ]of real property are determined on a "best value" basis, not solely price. In determining best value, the factors to be considered may include, without limitation: price; community benefits; record of business with the City and others; credit record; local employment; experience; qualifications; local tax contribution; and any other legal factor the Council expressly finds is applicable to sale of the property. (4) After proposals are tendered, the full text of all proposals shall be made available to the committee. The committee shall convene, when applicable, and interview no fewer than the top three ranked proposers, request a proposer’s "Last, Best and Final" offer based on information and/or clarification provided during the interview, which will be used to support a recommendation to the Council as to which proposer should be selected to purchase [or lease] the property, or to reject all proposals, including rankings of the top three proposers, along with a written explanation for the rankings, and/or rejection of the proposals. (5) All documents, ranking criteria, and scores provided to or produced by the committee shall be made available to all 4 of 7 Councilmembers no later than the time the contract is placed on the agenda for Council consideration. (6) Any potential purchaser who does not submit a response to the RFP shall be ineligible to purchase [or lease ]the property for one year following the close of the RFP, except pursuant to a subsequent RFP process. (b) The competitive sale process set forth in Subsection (a) shall not be required for the following: (1) Sale of property to an adjacent property owner who is assembling property for a project; (2) Sale of property less than 20,000 square feet in size; (3) Where Council determines good cause exists to dispose of the property in another manner. [(c) The City shall not approve any option to purchase or option to lease, or any similar agreement, except upon the following terms and conditions: (1) The term of the agreement shall not exceed 12 months from the date of Council approval; (2) The agreement shall not be extended, except upon a showing of extraordinary good cause, compliance with all terms of the agreement, due diligence, and meeting all performance standards and target dates in the agreement; all extensions must be 5 of 7 approved by Council, at the discretion of Council, in open session, and any extension may not exceed 180 days from the date of Council approval. Any agreement that lapses without a Council approved extension prior to expiration may not be extended. (d) The City shall not approve any purchase and sale agreement, disposition and development agreement, or any other agreement that would cause or allow City owned real property to be conveyed, except upon the following terms and conditions: (1) The agreement shall require closing of escrow no later than 12 months from Council approval. (2) The agreement shall not be extended, except upon a showing of extraordinary good cause, compliance with all terms of the agreement, due diligence, and meeting all performance standards and target dates in the agreement; all extensions must be approved by Council, at the discretion of Council, in open session, and any extension may not exceed 180 days from the date of Council approval. Any agreement that lapses without a Council approved extension prior to expiration may not be extended. (3) To be effective, the agreement shall require a deposit paid to the City in the amount of at least 10 percent of the purchase price, which shall not be refundable, unless the City is in breach of the agreement; the failure of the City to approve an extension of the 6 of 7 agreement shall not be deemed cause to refund a deposit. (4) Purchase prices shall be at fair market appraised value, unless the Council makes findings there are substantial community benefits resulting from the sales agreement that justify a price less than market value. (e) The Council may not vary from the provisions of this Section, except upon making findings of good cause and clear and convincing benefits to the public, and by a supermajority approval of at least five votes.] 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: 7 of 7 DOUGLAS T. SLOAN City Attorney By: Douglas T. Sloan Date City Attorney City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 21-600,Version:1 REPORT TO THE CITY COUNCIL April 28, 2021 FROM:BRIAN BARR, Assistant Director Department of Transportation BY:BRIAN BARR, Assistant Director Department of Transportation SUBJECT Award a service agreement to Genfare,a division of SPX Corporation,of Elk Grove Village,Illinois,to maintain the Department of Transportation Fresno Area Express’s fare collection system in a state of good repair,for one year with four optional one-year extensions,with the total contract value with extensions of $2,235,432, and authorize the Director of Transportation, or designee, to execute the contract documents (Bid File #9563) RECOMMENDATION Staff recommends Council award a service agreement to Genfare,a division of SPX Corporation,of Elk Grove Village,Illinois,to maintain the Department of Transportation Fresno Area Express’s (FAX) fare collection system in a state of good repair,for one year with four optional one-year extensions, with the total contract value with extensions of $2,235,432,and authorize the Director of Transportation, or designee, to execute the contract document. EXECUTIVE SUMMARY FAX provides fixed route bus and paratransit service for the residents of the greater Fresno metropolitan area.In support these services,FAX utilizes an advanced fare collection system providing convenient options for customers to purchase fares.The fare collection system equipment is comprised of approximately 118 fare boxes,55 ticket vending machines,two cash vaults and various fast fare-e devices.The equipment is manufactured by Genfare and has been maintained by Genfare since 2013.The equipment also supports forthcoming smart card technology which will provide customers with another convenient method to purchase fares.The system is highly complex and technical in nature requiring a qualified provider to maintain the equipment.This is part of FAX’s efforts to improve the experience of the customer and increase reliability of the system. On February 18,2021,Council approved a resolution to suspend bus fares for six months and requires FAX to return to the Transportation Subcommittee with a funding plan for a zero fare-model City of Fresno Printed on 4/23/2021Page 1 of 4 powered by Legistar™ File #:ID 21-600,Version:1 requires FAX to return to the Transportation Subcommittee with a funding plan for a zero fare-model transportation system.Although fares are not being collected,FAX is obligated by federal and state grant agreements to maintain the equipment in a state of good repair through the end of their useful life.The consequences of not maintaining a state of good repair results in return of grant funding to the state and federal governments.In the event suspension of fare collection becomes permanent, the City has the ability to terminate this contract by convenience. BACKGROUND FAX provides fixed route bus and paratransit service for the residents of the greater Fresno metropolitan area.In order to provide reliable service,FAX operates 115 fixed route vehicles,51 paratransit vehicles, and 10 sedans. In 2013,FAX purchased and deployed an advanced system for fare collection in both the fixed route and paratransit services.In 2018,FAX deployed ticket vending machines in support of bus rapid transit (BRT)along Blackstone Avenue and Ventura\Kings Canyon corridors.The fare collection system provides convenient options for customers to purchase bus fares at fare boxes,ticket vending machines and fast fare-e devices.Onboard fare boxes accept cash payments,student identification cards for partner organizations,and support forthcoming smart card technology.Ticket vending machines provide customers with the ability to purchase regular,reduced,or monthly fares with cash, credit or smart card transactions without requiring customers to visit customer service at Manchester Transit Center, City Hall or an outlet pass partner. The fare collection system is comprised of approximately 118 fare boxes,55 ticket vending machines,two cash vaults and various fast fare-e devices.The equipment is manufactured by Genfare and has been maintained by Genfare since 2013.A staff of five Genfare employees will provide maintenance services six days a week,Sunday through Friday,increasing the reliability of the equipment and experience for the customer.Maintenance of this equipment is highly technical, and FAX does not possess the resources needed to maintain these systems.Moreover,maintenance of the ticket vending machines must be performed in the field.Genfare will be providing its own means of transportation for the technician’s responsibilities in the field. The fare collection system maintenance work plan includes the following elements: ·Fare collection system monitoring through software portal ·Planned maintenance and repairs ·Vehicle accident repair and response ·Internal equipment cleaning ·Electrical troubleshooting ·Equipment programming ·Firmware updates and software upgrades ·Security compliance for credit card transactions ·Network security patches to manufacturer equipment ·Refilling of fare media Over the years,the fare collection system has been funded through a combination of federal and state grants.More recently,FAX received a $4.2 million dollar state Transit and Intercity Rail Capital Program grant to purchase ticket vending machines for the BRT project.Additionally,FAX purchasedCity of Fresno Printed on 4/23/2021Page 2 of 4 powered by Legistar™ File #:ID 21-600,Version:1 Program grant to purchase ticket vending machines for the BRT project.Additionally,FAX purchased new fare boxes utilizing FTA funds in FY20 as BRT transitioned from offboard fare collection to onboard fare collection.On February 18,2021,Council approved a resolution to suspend for fares for six months and requires FAX to return to the Transportation Subcommittee with a funding plan for a zero fare-model transportation system.Although fares are not being collected,FAX is obligated by grant agreements to maintain the equipment in a state of good repair for their useful minimum life of 10 years.Should the fare collection system not be maintained in a state of good repair,idled for a long period of time or be removed prematurely,FAX will be required to return funding utilized to purchase the equipment.In the event suspension of fare collection becomes permanent,the City has the ability to terminate this contract by convenience. A Notice Inviting Proposals was published in the Business Journal on November 23,2020,posted on the City website,and MassTransit.org.Request for Proposal (RFP)specifications were distributed to nine prospective proposers.One sealed proposal was received and opened in a public bid opening on December 22, 2020. A single bid analysis was performed following the receipt of a single proposer.After careful review of the solicitation and interview of prospective proposers,FAX has determined that the solicitation language was not restrictive, and competition was adequate. The RFP process allows for an evaluation of proposals based on a number of factors or criteria,with the intent to select a vendor based on best value,as opposed to simply the lowest cost responsive and responsible bidder.A Selection Committee (Committee)was created,comprised of representatives from FAX Maintenance and FAX Information Services,and met to discuss and review the single proposal.The committee members evaluated the proposer on the ability to meet the stated service requirements,cost as shown on the proposal form,past performance and experience with the City or other similar entities,conformance to the terms and conditions of the RFP,financial stability, exceptions to the RFP,and other related information provided by proposers.The Committee’s evaluation determined Genfare is highly qualified to perform the services requested. The proposal will expire May 5, 2021. The City Attorney has approved the contract as to form. ENVIRONMENTAL FINDINGS By the definition provided in the California Environmental Quality Act (CEQA)Guidelines Section 15378,the award of this contract does not qualify as a project as defined by CEQA and is therefore exempt. LOCAL PREFERENCE The City’s Local Preference Ordinance (FMC 4-108)was not implemented as this award is based upon best value and federal funds preclude the use of local preference. FISCAL IMPACT There is no fiscal impact to the General Fund from this request.This purchase is funded by FTA 5307City of Fresno Printed on 4/23/2021Page 3 of 4 powered by Legistar™ File #:ID 21-600,Version:1 There is no fiscal impact to the General Fund from this request.This purchase is funded by FTA 5307 funds appropriated in the Department’s FY21 budget.This funding is specific to maintenance and cannot be utilized as revenue replacement or operating support. Attachments: Bid Evaluation 9563 Committee Evaluation Non-professional Service Contract City of Fresno Printed on 4/23/2021Page 4 of 4 powered by Legistar™ Fare Collection System Maintenance, RFP No. 9563 23 SERVICE AGREEMENT CITY OF FRESNO, CALIFORNIA THIS AGREEMENT is made and entered into effective the ___day of _____ 2021, by and between the CITY OF FRESNO, a California municipal corporation (City), and Genfare, a division of SPX Corporation (Service Provider). RECITALS WHEREAS, City desires to obtain a Fare Collection System Maintenance provider; and WHEREAS, Service Provider is engaged in the business of furnishing such services as Fare Collection Maintenance and hereby represents that it desires to and is professionally and legally capable of performing the services called for by this Agreement; and WHEREAS, Service Provider acknowledges that this Agreement is subject to the requirements of Fresno Municipal Code Section 4-107; and WHEREAS, this Agreement will be administered for City by its Director of Transportation (Administrator) or designee. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and of the covenants, conditions, and premises hereinafter contained to be kept and performed by the respective parties, it is mutually agreed as follows: 1. Scope of Services. Service Provider shall perform the services described in Appendix D in accordance with this Agreement, including all work incidental to, or necessary to perform, such services even though not specifically described in Appendix D. 2. Term of Agreement and Time for Performance. This Agreement shall be effective from the date first set forth above (Effective Date) and shall continue in full force and effect through _________ with provisions for four (1) year extensions, provided both parties mutually agree to such renewal in writing, subject to any earlier termination in accordance with this Agreement. Either party may elect not to renew by submitting written notice of such party’s intent not to renew at least thirty (30) days prior to the expiration of the then-current term. The services of Service Provider as described in Appendix D are to commence upon the Effective Date and shall be completed in a sequence assuring expeditious completion, but in any event, all such services shall be completed prio r to expiration of this Agreement and in accordance with any performance schedule set forth in Appendix D. 3. Compensation. (a) Service Provider’s sole compensation for performance of all services required or rendered pursuant to and in accordance with this Agreement shall be a total fee not to exceed $2,235,432 paid on the basis of the rates set forth in the schedule of fees and expenses contained in the Cost Proposal. Such fee includes all expenses incurred by Service Provider in performance of the services. (b) Detailed statements shall be rendered for services performed and will be payable in the normal course of City business. City shall not be obligated to reimburse any expense for which Fare Collection System Maintenance, RFP No. 9563 24 it has not received a detailed invoice with applicable copies of rep resentative and identifiable receipts or records substantiating such expense. (c) The parties may modify this Agreement to increase or decrease the scope of services or provide for the rendition of services not required by this Agreement, which modificatio n shall include an adjustment to Service Provider’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. Service Provider 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 penalty of City to Service Provider upon the earlier of : (i) Service Provider’s filing for protection under the federal bankruptcy laws, or any bankruptcy petition or petition for receiver commenced by a third party against Service Provider; (ii) seven calendar days’ prior written notice with or without cause by City to Service Provider; (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) The City reserves the right to terminate this Contract for any reason, upon sixty (60) days written notice to the Contractor. In the event of such termination, the Contractor shall be paid for satisfactory service performed to the date of termination (c )Upon any termination or expiration of this Agreement, Service Provider shall (i) promptly stop all work hereunder; (ii) promptly 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 posse ssion of Service Provider that are owned by City. Subject to the terms of this Agreement, Service Provider shall be paid compensation for services performed in accordance with this Agreement up to the effective date of termination. Service Provider shall not be paid for any work or services performed or costs incurred which reasonably could have been avoided. (d) In the event of termination due to failure of Service Provider to perform in accordance with the terms of this Agreement, City may withhold an a mount 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 Service Provider, nor shall such payment impair or prejudice any remedy available to City with respect to the breach. (e) Upon any breach of this Agreement by Service Provider, City may (i) exercise any right, remedy (in contract, law or equity), or privilege, except where expressly limited or excluded within this Agreement, 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 th e terms of the Agreement; and/or (iii) recover 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. (f) Service Provider shall provide City with adequate written assurances of future performance, upon Administrator’s request, in the event Service Provider fails to comply with any material terms or conditions of this Agreement. (g) Service Provider shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of Service Provider and without its fault or negligence such Fare Collection System Maintenance, RFP No. 9563 25 as, acts of God or the public enemy, acts of City in its contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. Service Provider shall notify Administrator in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, and shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to Administrator of the cessation of such occurrence. (h) In the event of a termination for default, City shall give Service Prov ider written notice of such default and not less than thirty (30) days to cure such default. If Service Provider does not so cure, City shall be entitled to obtain replacement goods or services substantially similar and functionally equivalent to those to be purchased pursuant to this Agreement, and Service Provider’s sole liability shall be to pay the reasonable excess costs incurred by City in reprocuring such goods or services. 5. Confidential Information and Ownership of Documents. (a) Any reports, information, or other data prepared or assembled by Service Provider pursuant to this Agreement shall not be made available to any individual or organization by Service Provider without the prior written approval of the Administrator. During the term of this Agreement, and thereafter, Service Provider shall not, without the prior written consent of City, disclose to anyone any Confidential Information. The term Confidential Information for the purposes of this Agreement shall include all proprietary and confidential information of City, including but not limited to business plans, marketing plans, financial information, materials, compilations, documents, instruments, models, source or object codes and other information disclosed or submitted, orally, in writi ng, or by any other medium or media. All Confidential Information shall be and remain confidential and proprietary in City. (b) Any and all writings and documents prepared by Service Provider pursuant to this Agreement and specifically for City are the property of City at the time of preparation and shall be turned over to City upon expiration or termination of the Agreement. Service Provider shall not permit the reproduction or use thereof by any other person except as otherwise expressly provided herein . (c) If Service Provider should subcontract all or any portion of the services to be performed under this Agreement, Service Provider shall cause each subcontractor to also comply with the requirements of this Section 5. (d) During this Agreement, City will learn information that Service Provider regards as confidential or proprietary, including information regarding Service Provider’s business. To the extent permitted by law, City will keep this information confidential, unless and until Service Provider consents to disclosure, or unless such information otherwise becomes generally available to the public through no fault of City. (e) This Section 5 shall survive expiration or termination of this Agreement. 6. Level of Skill. It is further mutually understood and agreed by and between the parties hereto that inasmuch as Service Provider represents to City that Service Provider and its subcontractors, if any, are skilled in the profession and shall perform in accordance with the standards of said industry necessary to perform the services agreed to be done by it under this Agreement, City relies upon the skill of Service Provider and its subcontractors, if any, to do and perform such services in a skillful manner and Service Provider 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 Service Provider or any subcontractors from said industry and professional standards. Fare Collection System Maintenance, RFP No. 9563 26 7. Indemnification. To the furthest extent allowed by law, Service Provider shall indemnify, hold harmless and defend City and each of its officers, officials, employees, and agents from any and all loss (including data 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 litigati on expenses) that arise out of, pertain to, or relate to the negligence or willful misconduct of Service Provider, its principals, officers, employees or agents in the performance of this Agreement. Service Prover’s obligations under the preceding sentence shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused by the negligence or the willful misconduct of CITY or any of its officers, officials, employees, agents or volunteers. If Service Provider should subcontract all or any portion of the services to be performed under this Agreement, Service Provider shall require each subcontractor to indemnify, hold harmless and defend City and each of its officers, officials, employees, and agents 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, Service Provider shall pay for and maintain in full force and effect all insurance as required in Appendix 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 limits specified herein. (b) If at any time during the life of the Agreement or any extension, Se rvice Provider or any of its subcontractors fail to maintain any required insurance in full force and effect, all services and work under this Agreement shall be discontinued immediately, and all payments due or that become due to Service Provider shall be withheld until notice is received by City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to City. Any failure to maintain the required insurance shall be suf ficient cause for City to terminate this Agreement. No action taken by City pursuant to this section shall in any way relieve Service Provider of its responsibilities under this Agreement. The phrase “fail to maintain any required insurance” shall include, without limitation, notification received by City that an insurer has commenced proceedings, or has had proceedings commenced against it, indicating that the insurer is insolvent. (c) The fact that insurance is obtained by Service Provider shall not be deemed to release or diminish the liability of Service Provider that arise out of, pertain to, or relate to the negligence or willful misconduct of Service Provider, its principals, officers, employees, or agents in the performance of this Agreement, including, without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify City shall apply to all claims and liability for that which Service Fare Collection System Maintenance, RFP No. 9563 27 Provider is legally liable for under Section 7 of this Agreement regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Service Provider. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the other liability of Service Provider, its principals, officers, agents, employees, or persons under the supervision of Service Provider, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them. e) If Service Provider should subcontract all or any portion of the services to be performed under this Agreement, Service Provider 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 wit h Service Provider and City prior to the commencement of any services by the subcontractor. 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 forms CG 20 10 10 01 and CG 20 37 10 01 or their equivalent 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, Service Provider shall complete a City of Fresno conflict of interest disclosure statement in the form as set forth in Appendix E. During the term of this Agreement, Service Provider shall have the obligation and duty to immediately notify City in writing of any change to the information provided by Service Provider in such statement. (b) Service Provider 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 Sections 1090 et. seq., the California Political Reform Act (California Government Code §§ 87100 et. seq.) and the regulations of the Fair Political Practices Commission concerning disclosure and disqualification (2 California Code of Regulations §§18700 et. seq.). At any time, upon written request of City, Service Provider shall provide a written opinion of its legal counsel and that of any subcontractor that, after a due diligent inquiry, Service Provider and the respective subcontractor(s) are in full compliance with all laws and regulations. Service Provider 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, Service Provider shall immediately notify City of these facts in writing. (c) In performing the work or services to be provided hereunder, Service Provider shall not employ or retain the services of any person while such person either is employed by City or is a member of any City council, commission, board, committee, or similar City body. This requirement may be waived in writing by the City Manager, if no actual or potential conflict is involved. (d) Service Provider represents and warrants that it has not paid or agreed to pay any compensation, contingent or otherwise, direct or indirect, to solicit, or procure this Agreement or any rights/benefits hereunder. (e) Service Provider and any of its subcontractors shall have no interest, direct or indirect, in any other contract with a third party in connection with this Project unless such interest is in accordance with all applicable law and fully disclosed to and approved by the City Manager, in advance and in writing. Notwithstanding any approval given by the City Manager under this provision, Service Provider shall remain responsible for complying with Section 9(a), above. Fare Collection System Maintenance, RFP No. 9563 28 (f) If Service Provider should subcontract all or any portion of the work to be performed or services to be provided under this Agreement, Servi ce Provider 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 Service Provider maintains an office or operates a facility(ies), or is required herein to maintain or operate same, within the incorporated limits of the City of Fresno, Service Provider at its sole cost and expense shall: (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 no tices expressly required of City within the body of this Agreement, and not otherwise specifically provided for, shall be effective only if signed by the Administrator or designee. (b) Records of Service Provider’s expenses pertaining to the Project shall be kept on a generally recognized accounting basis and shall be available to City or its authorized representatives upon request, and after giving Service Provider reasonable notice, during regular business hours throughout the life of this Agreement and for a period of three years after final payment or, if longer, for any period required by law. In addition, all books, documents, papers, and records of Service Provider pertaining to the Project shall be available, upon written request and reasonable notice, 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 Service Provider should subcontract all or any portion of the services to be performed under this Agreement, Service Provider 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, Service Provider shall have provided evidence to City that Service Provider is licensed to perform the services called for by this Agreement (or that no license is required). If Service Provider should subcontract all or any portion of the work or services to be performed under this Agreement, Service Provider shall require each subcontractor to provide evidence to City that subcontractor is licensed to perform the services called for by this Agreement (or that no license is required) before beginning work. 12. Nondiscrimination. To the extent required by controlling federal, state and local law, Service Provider shall not employ discriminatory practices in the provision of services, employment of personnel, or in any other respect on the basis of race, religious creed, color, national origin, ancestry, Fare Collection System Maintenance, RFP No. 9563 29 physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Subject to the foregoing and during the performance of this Agreement , Service Provider agrees as follows: (a) Service Provider will comply with all applicable laws and regulations providing that no person shall, on the grounds of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or act ivity made possible by or resulting from this Agreement. (b) Service Provider will not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Service Provider shall ensure that applicants are employed, and the employees are treated during employment, without regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Such requirement shall apply to Service Provider’s employment practices including, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Service Provider agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provision of this nondiscrimination clause. (c) Service Provider will, in all solicitations or advertisements for employees placed by or on behalf of Service Provider in pursuit hereof, state that all qualified applicants will receive consideration for employment without regard to race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. (d) Service Provider will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice advising such labor union or workers' representatives of Service Provider’s commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (e) If Service Provider should subcontract all or any portion of the services to be performed under this Agreement, Service Provider shall cause each subcontractor to a lso comply with the requirements of this Section 12. 13. Independent Contractor. (a) In the furnishing of the services provided for herein, Service Provider is acting solely as an independent contractor. Neither Service Provider, 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 Service Provider shall perform its work and functions. However, City shall retain the right to administer this Agreement so as to verify that Service Provider is performing its obligations in accordance with the terms and conditions thereof. (b) This Agreement does not evidence a partnership or joint venture between Service Provider and City. Service Provider shall have no authority to bind City absent City’s express written Fare Collection System Maintenance, RFP No. 9563 30 consent. Except to the extent otherwise provided in this Agreement, Service Provider shall bear its own costs and expenses in pursuit thereof. (c) Because of its status as an independent contractor, Service Provider and its officers, agents, and employees shall have absolutely no right to employment rights and benefits available to City employees. Service Provider shall be solely liable and responsible for all payroll and tax withholding and for providing to, or on behalf of, its employees all employee benefits including, without limitation, health, welfare and retirement benefits. In addition, together with its other obligations under this Agreement, Service Provider shall be solely responsible , indemnify, defend and save City harmless from all matters relating to employment and tax withholding for and payment of Service Provider’s employees, including, without limitation, (i) compliance with Social Security and unemployment insurance withholding, payment of workers compensation benefits, and all other laws and regulations governing matters of employee withholding, taxes and payment ; and (ii) any claim of right or interest in City employment benefits, entitlements, programs and/or funds offered employees of City whether arising by reason of any common law, de facto, leased, or co- employee rights or other theory. It is acknowledged that during the term of this Agreement, Service Provider may be providing services to others unrelated to City or to this Agreement. 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 gi ven 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 suffic iently 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 heir s, successors, assigns, transferees, agents, servants, employees and representatives. 16. Assignment. (a) This Agreement is personal to Service Provider and there shall be no assignment by Service Provider of its rights or obligations under this Agreement without the prior written approval of the City Manager or designee. Any attempted assignment by Service Provider, its successors or assigns, shall be null and void unless approved in writing by the City Manager or designee. (b) Service Provider hereby agrees not to assign the payment of any monies due Service Provider from City under the terms of this Agreement to any other individual(s), corporation(s) or entity(ies). City retains the right to pay any and all monies due Service Provider directly to Ser vice Provider. 17. Compliance With Law. In providing the services required under this Agreement, Service Provider shall at all times comply with all applicable laws of the United States, the State of California and City, and with all applicable regulations promulgated by federal, state, regional, or local administrative and regulatory agencies, now in force and as they may be enacted, issued, or amended during the term of this Agreement. 18. Waiver. The waiver by either party of a breach by the other of a ny 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 Fare Collection System Maintenance, RFP No. 9563 31 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. The order of precedence of documents shall be: (1) Rules and Regulations of Federal Agencies relating to the source of funds for this project; (2)Supplemental Agreements, Change Orders, or Contract the one dated later having precedence over another dated earlier; (3) Special Conditions; (4) General Conditions; (5) Scope of Work. Whenever any conflict appears in any portion of the Contract, it shall be resolved by application of the order precedence. 26. Cumulative Remedies. Except where limited or excluded under this Agreement, 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 Service Provider. Fare Collection System Maintenance, RFP No. 9563 32 29. Limitation of Liability. IN NO EVENT, WHETHER BASED ON CONTRACT, INDEMNITY, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE SHALL EITHER PARTY BE LIABLE FOR INCIDENTAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY NATURE. NEITHER PARTY’S AGGREGATE LIABILITY FOR ANY DAMAGES RESULTING FROM ITS PERFORMANCE OR FAILURE TO PERFORM HEREUNDER SHALL EXCEED the total fees paid by City in the twelve (12) month preceding the date on which the cause of action accrued, the limitation of liability contained herein shall not apply to Service Provider’s indemnity obligations under Section 7 of the Agreement 30. Liquidated Damages. The total of all liquidated damages under this Agreement shall not exceed 5% of the annual maintenance costs paid by City to Service Provider during the year in which City demands liquidated damages. No liquidated damages shall be assessed until Service Provider has been provided written notice of City’s intent to assess liquidated damages against Service Provider and Service Provider has been given at least sixty (60) days to cure. Cure for the purposes of liquidated damages will mean remediation or repair of the non -performing or alleged defect or submittal of the delayed documentation/deliverable. In the event City intends to assess liquidated damages, the parties will meet during the associated cure period to discuss the alleged defect or non -performance, diagnose the cause of the alleged defect or non-performance and reasonably cooperate to develop and implement plans and/or policies to prevent the alleged defect or non -performance from reoccurring; provided however, Service Provider will not be required to hire additional employees or co ntractors or provide additional services hours unless compensated by the City to prevent such reoccurrence. Promptly, after Service Provider cures, City will give written confirmation to Service Provider accepting the remediation, repair, or delivery of th e alleged defect or non-performance and waive City’s right to assess liquidated damages for such alleged defect or non -performance. No liquidated damages will apply if City terminates Service Provider’s right to proceed. Liquidated damages shall not appl y to the extent that Service Provider can reasonably demonstrate that Service Provider delays did not impact any project schedules of other projects performed in connection with (or concurrent with) the performance of the work under this Agreement, and did not cause any cost or delay impacts to City. Any demands for liquidated damages must be submitted to Service Provider within 90 calendar days after the date of delivery of the delayed item or service. Liquidated damages shall be City’s sole and exclusive remedy for any Service Provider delay or nonperformance. Service Provider shall have no liability for any delays beyond its control. 32. Warranty. For a period of forty-five (45) days from the date of performance of services on all equipment being maintained by Service Provider, excluding fareboxes, and for a period ninety (90) from the date of performance of services on fareboxes by Service Provider pursuant to this Agreement, Service Provider warrants, to City, the services performed by Service Provider to be in accordance with the specifications of this Agreement. If within such period it shall be proven to Service Provider’s reasonable satisfaction that the services are nonconforming, Service Provider will reperform the non-conforming services. This warranty shall not apply to (i) any loss or damage resulting from normal wear and tear or alteration, misuse, abuse or (ii) improper installation, operation or maintenance by City or a third party. THE FOREGOING WARRANTIES ARE IN LIEU OF, AND SERVICE PROVIDER EXPRESSLY DISCLAIMS, ALL OTHER WARRANTIES, EXPRESS OR IMPLIED IN FACT OR BY LAW, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE. THE FOREGOING WARRANTIES STATE SERVICE PROVIDER’S ENTIRE AND EXCLUSIVE LIABILITY AND CITY’S SOLE AND EXCLUSIVE REMEDY, IN CONNECTION WITH THE SALE OR FURNISHING OF MATERIALS, THEIR DESIGN, SUITABILITY FOR USE, INSTALLATION, OPERATION OR OTHERWISE. 33. Intellectual Property. City and Service Provider acknowledge and agree that the work performed under this Agreement does not constitute experimental, developmental or research work. Fare Collection System Maintenance, RFP No. 9563 33 Notwithstanding any other provision in this Agreement, Service Provider retains title to all intellectual property, patents, trademarks, know-how, copyrights, software, engineering and designs, models, production prints, drawings, work products, technical data, and other information and documents that relate to the goods and services sold to City. Unless specified by Service Provider in writ ing to the contrary, all such intellectual property, information and documents disclosed or delivered by Service Provider to City are to be deemed proprietary to Service Provider and shall be used by City solely for inspecting, installing, operating and maintaining the goods and services sold to City and not used by City for any other purpose. 34. Disputes. If any disputes arising in the performance of this Agreement are not resolved by mutual agreement of the parties, the decision of one party will not bind the other party without such other party’s agreeing to such decision in writing. Fare Collection System Maintenance, RFP No. 9563 35 DIVISION III – GENERAL CONDITIONS Summary: Division III describes the framework for the entire relationship between the parties in connection to a project. Fare Collection System Maintenance, RFP No. 9563 36 1. DEFINITIONS: Wherever used in the Specifications, including the Instructions to Proposers, the proposal, or any of the Contract Documents, the following words shall have the meaning herein given, unless the context requires a different meaning. (a) "City" and "City of Fresno" shall each mean the City of Fresno, CA, unless otherwise indicated. (b) "City Manager" shall mean the City Manager of the City of Fresno. (c) "Contract" and "Contract Documents" shall each mean and refer to these Specifications, including the Instructions to Proposers, the proposal and any addenda thereto, the Contract and all City of Fresno specifications, and other papers and documents incorporated by reference into or otherwise ref erred to in any of the foregoing documents, whether or not attached thereto. (d) "Contractor" shall mean each person or entity awarded a Contract hereunder and named or to be named in the Contract with the City of Fresno to furnish the goods or services, or both, to be furnished under the Contract. (e) "Council" and "City Council" shall each mean the Council of the City of Fresno. (f) "Proposer" shall mean each person or entity submitting a proposal, whether or not such person or entity shall become a Contractor by virtue of award of a Contract by the City. (g) "Purchasing Manager" shall mean the Purchasing Manager of the City of Fresno. (h) "Specifications" shall mean the Contract Documents. 2. DELIVERY OF SERVICES: If Contractor is delayed providing services by (i) any acts or omissions of City or its employees, or others acting under authority of City by contract or otherwise, (ii) acts of God which Contractor could not reasonably have foreseen and provided for, (iii) illegal strikes, boycotts or like illegal obstructive action by employee or labor organizations, or (iv) any illegal general lockouts or other defensive action by employers, whether general or by organizations of employers; Contractor shall have no claim for damages against City for any such cause of delay, but shall be entitled to an extension of time as will reasonably compensate Contractor for actual loss of time occasioned thereby. Contractor may apply to the City Manager for such extension. However, no such extension of time shall be granted unless Contractor shall have notified the Purchasing Manager, in writing, within one week after the commencement or occurrence of the condition or event which is expected to cause a delay in delivery, of such condition or event and the actual or estimated number of days of delay anticipated on account thereof. The decision of the City Manager as to the number of additional days, Fare Collection System Maintenance, RFP No. 9563 37 if any, to be allowed for completion of delivery on account of such condition or event, will be given in writing to Contractor 3. RESERVED 4. RESERVED 5. CONTRACT DOCUMENTS: Upon award of the Contract, the Contractor shall execute and submit all required documents to the Purchasing Manager, in a form acceptable to the City of Fresno within fifteen (15) calendar days from the date of Notice of Award. Failure to provide said documents within the designated period shall be sufficient cause to forfeit the proposal deposit and initiate a City departmental recommendation for City to award the Contract to another Proposer . 6. RESERVED 7. FEDERAL IMMIGRATION REFORM AND CONTROL ACT OF 1986: As a material part of any contract for a City of Fresno project, every Contractor who has employees who will work on a City of Fresno project, is required to comply with all of the pro visions of the Federal Immigration Reform and Control Act of 1986 (P.L. 99-603, 100 Stat. 3359). This requirement includes compliance with all of the employee documentation provisions. Furthermore, the Contractor will make any employee documentation requ ired to comply with the Act immediately available to the City upon its request for each individual employee working on a City of Fresno project. 8. RESERVED 9. RESERVED 10. CONTRACT CHANGES: No changes or modifications to the Contract shall be made unless agreed to and signed by both parties. No prior, current or post award verbal agreement or agreements with any officer, agent, or employee of the City shall affect or modify any terms or obligations of these Specifications or any Contract resulting from this procurement. 11. AMENDMENTS: The City of Fresno reserves the right to add, modify, or delete items from the Contract including Special Conditions or Scope of Work. Any changes shall be made only by means of a formal amendment signed by both the City and Contractor. 12. RESERVED 13. TERMINATION BY CITY FOR NON-APPROPRIATION: In the event of non- appropriation relating to the Contract, City shall have the right to terminate the Contract at the end of any fiscal year of City, in the manner and sub ject to the terms specified in this paragraph. City shall endeavor to give written notice of such termination not less Fare Collection System Maintenance, RFP No. 9563 38 than sixty (60) days prior to the end of such fiscal year, and shall notify Contractor of any anticipated termination. For purposes of this paragraph, "fiscal year" shall mean the twelve month fiscal period of City which commences on July 1 in every year and ends on the following June 30. For purposes of this paragraph, "non-appropriation" shall mean the failure of the City or City's governing body to appropriate money for any fiscal year of City sufficient for the continued performance of the Contract by City. 14. RESERVED 15. RESERVED 16. RESERVED 17. SEVERABILITY: The provisions of the Contract are severable. The invalidity, or unenforceability of any one provision in the Contract shall not affect the other provisions. 18. INTERPRETATION: The Contractor acknowledges that the Contract in its final form is the result of the combined efforts of the parties and that, should any provisio n of the Contract be found to be ambiguous in any way, such ambiguity shall not be resolved by construing the Contract in favor or against any party, but rather by construing the terms in accordance with their generally accepted meaning. 19. RESERVED 20. EXHIBITS: Each exhibit and attachment referenced in the Contract is, by the reference, incorporated into and made a part of the Contract. 21. RESERVED 22. RECYCLING: RESERVED. 23. RESERVED 24. BINDING: Subject to Section 15 of these General Conditions, once this Contract 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. 25. RESERVED 26. RESERVED 27. RESERVED 28. RESERVED Fare Collection System Maintenance, RFP No. 9563 39 29. HEADINGS: The section headings in this Contract 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 Contract 30. INCORPORATED APPENDICES: The following documents are appended to this Agreement and are incorporated by reference: Appendix A – Special Conditions Appendix B – Insurance Requirements Appendix C – Federal Conditions Appendix D – Statement of Work Appendix E – Disclosure of Conflict of Interest Fare Collection System Maintenance, RFP No. 9563 APPENDICES Table of Contents Appendix A – Special Conditions Appendix B – Insurance Requirements Appendix C – Federal Conditions Appendix D – Statement of Work Appendix E –Disclosure of Conflict of Interest Fare Collection System Maintenance, RFP No. 9563 Appendix A – Special Conditions A1 APPENDIX A SPECIAL CONDITIONS Summary: Appendix A provides clarification, specificity, and added content in addition to the General Conditions that are to be followed during the life of a contract. Fare Collection System Maintenance, RFP No. 9563 Appendix A – Special Conditions A2 1. TERM OF CONTRACT: This Contract shall be in effect for an initial term of three (3) years from the date of the Notice to Proceed. The Contract may be extended, with the mutual written consent of both parties, for up to two (2) additional one (1) year terms with price increases/decreases in accordance with the provisions set forth herein, all other terms and conditions specified herein remaining the same. If either the City or Contractor elects not to extend the Contract, or upon expiration of the final one -year extension term, the Contractor shall aid the City in continuing, uninterruptedly, the requirements of the Contract, by continuing to perform on a temporary basis, when specifically requested to do so in writing by the Purchasing Manager, on a month to month basis not to exceed twelve months. Such continuance shall be subject to price increases/decreases in accordance with the provisions set forth herein, and all other terms and conditions remaining the same as if the Contract had been extended for such a temporary period by an amendment hereto. 2. PRICING CONDITIONS Pricing for the duration of the contract, including option years, shall be fixed per Service Providers proposal schedule and as negotiated in the final proposal price with five service technicians. Sixty days prior to the anniversary date of the Contract, the City may elect to exercise add alternates 3, 4, 11, and/or 12 provided in the cost proposal with no change in price. 3. PAYMENT: The Proposer shall invoice the City of Fresno monthly for services provided in the prior 30 days in order to initiate the payment process. Invoices shall conspicuously display the City’s purchase order number and shall be submitted to: ATTENTION: City of Fresno Department of Transportation/FAX Accounts Payable 2223 G. Street Fresno, CA 93706 Contractor hereby agrees not to assign the payme nt of any monies due Contractor from City under the terms of this Contract to any other individual(s), corporation(s) or entity(ies). City retains the right to pay any and all monies due Contractor directly to Contractor. 4. COMPENSATION ESCALATION DUE TO CHANGES IN MINIMUM WAGE: In the event Contractor is required by the Federal Government or the State of California to increase the minimum wage, then the minimum wage and salary rates paid to the Contractor employees shall be subject to negotiation betwee n Contractor and the City of Fresno. Any wage rate increase will only apply to those maintenance employees that are currently at the minimum wage rate. In the event that negotiated changes in wages and salaries cannot be agreed upon by the City of Fresno and Contractor, then the Contract may be terminated by City in accordance with the General Conditions of this Contract. Fare Collection System Maintenance, RFP No. 9563 Appendix A – Special Conditions A3 If Contractor and the City of Fresno agree to a negotiated change in wages, Contractor shall increase the minimum hourly wages paid to its employees performing services for only those positions that are affected. 6. CHANGES TO CONTRACT DOCUMENTS: The City of Fresno may, from time to time, without invalidating the Contract, modify the Contract; by adding, deleting or changing sections of the Contract; by adding deleting or changing usage or space; by adding, deleting or changing Routine Work or Projects; by adding deleting or changing Special Conditions; or by adding, deleting or changing Specifications. All such changes shall be ordered by means of a Written Change Order. Any changes in the compensation to Contractor resulting from such Change Orders shall be agreed upon by the City of Fresno and the Contractor. Additionally, the parties may modify the Contract by written amendment. 7. NOTICE TO PROCEED: Contractor shall not commence any work nor shall he/she enter the Premises until he/she has received a written Notice to Proceed. 8. CONTRACT ADMINISTRATOR: The City of Fresno designates the Director, Department of Transportation/FAX, as Contract Administrator, who shall act on behalf of the City with respect to all aspects of this Contract. The City shall promptly notify Contractor in writing if the Contract Administrator is changed. The Contract Administrator and Service Providers will reasonably cooperate to resolve any claims or disputes. Contractor shall strictly and promptly follow the instructions of the Contract Administrator consistent with resolution of claims or disputes. The Contract Administrator shall exercise any discretionary authority in a reasonable manner. Contractor shall provide the Contract Administrator free and easy access to inspect and measure the manner and progress of the Services at all times and to inspect the types and quantities of tools, equipment, chemicals, supplies and all other materials used in the performance of the Services. It is agreed that such inspection and measurement is not for the purpose of controlling or directing the Services or employees of the Contractor, but to assure that all Services meet the requirements of the Contract. The Contract Administrator shall decide any and all questions which may arise as to conformance of and acceptability of tools, equipment, chemicals, supplies and all other materials and methods and procedures used in the performance of the Services with regard to the requirements included herein. The Contract Administrator shall decide all questions which may arise as to the interpretation of the Contract Documents relative to the Services and the fulfillment of the Contract on the part of Contractor. The Contract Administrator will determine the amount and quality of the several kinds of Services performed and materials furnished which are to be paid for under this Contract. Fare Collection System Maintenance, RFP No. 9563 Appendix A – Special Conditions A4 The Contract Administrator shall have the authority to require Contractor to make temporary changes in the assignment of routine work, tasks and task frequencies. Such temporary changes shall not affect the amount of payment to Contractor. 9. CONTRACT COORDINATOR: The Contract Administrator shall designate the Maintenance Manager, Department of Transportation/FAX as Contract Coordinator to monitor and inspect the performance and progress of the Services provided under this Contract. The Contract Coordinator has no authority to alter, waive or revoke any provision of this Contract. Any failure of Contractor to comply with the provisions of the Contract may be called to the attention of the Contract Administrator by the Contract Coordinator. The Contract Coordinator shall have the authority to suspend the performance of the Services and compensation to Contractor until the Contract Administrator can decide any questions at issue. The Contract Coordinator shall perform frequent inspections of each work assignment. The emphasis during these inspections should concentrate on the existence of those factors which significantly affect the probability of the custodial assignment being performed as specified. The Contract Coordinator shall coordinate the activities of Contractor and the occupants to minimize any interference or delay to either party. The Coordinator shall submit suggestions regarding revisions of the specifications to the Contract Administrator. The Coordinator shall receive and respond, with clerical assistance, to requ ests, complaints, and suggestions concerning the performance of the work directed under the Contract. The Contract Coordinator shall in no instance have the authority to act as foreman, or supervisor for Contractor, and shall not interfere with the Contractor in the supervision or direction of Contractor’s employees. Any advice provided to Contractor by the Contract Coordinator shall in no way be construed as binding upon the City of Fresno, or release the Contractor from fulfilling the provisions of the Contract. 10. PERFORMANCE OF THE SERVICES: Contractor shall be responsible for the complete and timely performance of all the Services under this Contract and for all manner and type of tools, chemicals, equipment, supplies and materials of every description required to successfully perform all Services under this Contract. Contractor shall focus efforts on corrective/reactionary maintenance first, and primary preventative maintenance second. Fare Collection System Maintenance, RFP No. 9563 Appendix A – Special Conditions A5 11. NON-PERFORMANCE OF SERVICES: Services shall be considered not to have been performed when, in the judgment of the Contract Administrator, any one or more of, but not limited to, the following conditions exist: a. Failure to meet established maintenance, service and inspection schedules b. Adherence to established response times c. Repetitive failures occur related to the same component which is either a directly or indirectly result of poor workmanship or error. d. Failure to provide reports per schedule and on time e. Failure to report conditions identified during inspections, service, maintenance or repairs that results in failure f. Negligent behavior on the part of contractor that results in component failure 12. LIQUIDATED DAMAGES FOR NON-PERFORMANCE OF SERVICES: Liquidated Damages are structured to be a last resort measu re for system deliverables that fail or continue to fail, or are defined by FAX as being non -compliant to the specifications defined in this document. FAX will work with the Contractor to identify any such areas and come to resolution pursuant to an Action Plan to be developed within five (5) days. Any reported equipment failure or non-compliant attribute of this specification after a period of five (5) consecutive days after the Action Plan has been approved by FAX will be assessed by FAX at its discretion for the damages as listed below and preceded by a declaration of breach, and actual damages arising from the breach suffered by the FAX after the declaration of breach, as follows: a. Two hundred fifty dollars ($250.00) maximum penalty per day per defined non-performance system failure or a portion thereof, until the problem is resolved. b. In the event FAX staff or a contracted sub-contractor is called upon to address or mitigate a system failure not resolved by the Contractor/Vendor within 48 hours, a rate of one hundred dollars ($100) per hour will be accessed for such downtime. c. If the such problems continue to be unresolved after the specified cure period, FAX has the option at their discretion to assess the Contractor/Vendors an additional two-hundred dollars ($200.00) per day penalty. Fare Collection System Maintenance RFP No. 9563 Appendix B – Insurance Requirements B1 APPENDIX B INSURANCE REQUIREMENTS Summary: Appendix B describes type and coverage amount required of a successful bidder. Fare Collection System Maintenance RFP No. 9563 Appendix B – Insurance Requirements B2 INSURANCE REQUIREMENTS 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, indemnity obligations under the Agreement) with lim its of liability not less than those set forth under “Minimum Limits of Insurance.” 2. The most current version of ISO *Commercial Auto Coverage Form CA 00 01, providing liability coverage arising out of the ownership, maintenance or use of automobiles in the course of your business operations. The Automobile Policy shall be written on an occurrence form and shall provide coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1- Any Auto). If personal automobile coverage is used, the CITY, its officers, officials, employees, agents and volunteers are to be listed as additional insureds. 3. Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. 4. Professional Liability (Errors and Omissions) and Cyber Liability (Privacy and Data breach) insurance appropriate to SERVICE PROVIDER’S profession. MINIMUM LIMITS OF INSURANCE SERVICE PROVIDER, or any party the SERVICE PROVIDER 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: Fare Collection System Maintenance RFP No. 9563 Appendix B – Insurance Requirements B3 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. 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. TECHNOLOGY 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 SERVICE PROVIDER purchases or uses 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) and Fare Collection System Maintenance RFP No. 9563 Appendix B – Insurance Requirements B4 such Umbrella or Excess insurance policy(ies) will only apply to the extent necessary to meet the succinct limits specified in this Appendix B. In addition, such Umbrella or Excess insurance policy(ies) shall also apply on a primary and non-contributory basis for the benefit of the CITY, its officers, officials, employees, agents and volunteers. DEDUCTIBLES AND SELF-INSURED RETENTIONS SERVICE PROVIDER shall be responsible for payment of any deductibles contained in any insurance policy(ies) required herein and SERVICE PROVIDER shall also be responsible for payment of any self- insured retentions. Any self-insured retentions must be declared to on the Certificate of Insurance. At no time shall CITY be responsible for the payment of any deductibles or self-insured retentions. OTHER INSURANCE PROVISIONS/ENDORSEMENTS The General Liability and Automobile Liability insurance pol icies 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. SERVICE PROVIDER shall establish additional insured status for the City and for all ongoing operations by use of ISO Form CG 20 10 11 85 or CG 20 10 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. The specified limits and coverage of policies agreed upon herein shall be available to the Additional Insured. 3. For any claims relating to this Agreement, SERVICE PROVIDER’S Commercial General Liability 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 SERVICE PROVIDER’S insurance and shall not contribute with it. SERVICE PROVIDER 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. Fare Collection System Maintenance RFP No. 9563 Appendix B – Insurance Requirements B5 The Workers’ Compensation insurance policy is to contain, or be endorsed to contain, the following provision: SERVICE PROVIDER and its insurer shall waive any right of subrogation against CITY, its officers, officials, employees, agents and volunteers. The Technology Professional Liability shall cover claims involving privacy violations, information theft, damage to or destruction of electronic information, intentional and/or unintentional release of private information (including credit monitoring costs), alteration of electronic information, extortion and network security. Such coverage is required for claims involving any professional services for which SERVICE PROVIDER is engaged with the City for such length of time as necessary to cover any and all claims If the Technology Professional Liability 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 SERVICE PROVIDER. 2. Insurance must be maintained and evidence of insurance must be provided for at least three (3) 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 three (3) 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 SERVICE PROVIDER, SERVICE PROVIDER must purchase “extended reporting” coverage for a minimum of three (3) years completion of the Agreement work or termination of the Agreement, whichever occurs first. 4. A copy of the claims reporting requirements must be submitted to CITY for review. 5. These requirements shall survive expiration or termination of the Agreement. Fare Collection System Maintenance RFP No. 9563 Appendix B – Insurance Requirements B6 Coverage 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. SERVICE PROVIDER is also responsible for providing written notice to the CITY under the same terms and conditions. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non -renewal, or reduction in coverage or in limits, SERVICE PROVIDER shall furnish CITY with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for CITY, SERVICE PROVIDER shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy as soon as available. 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 . VERIFICATION OF COVERAGE SERVICE PROVIDER 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 M anager or his/her designee prior to CITY’S execution of the Agreement and before work commences. All non-ISO endorsements amending policy coverage shall be executed by a licensed and authorized agent or broker. When ordered to do so by a court of competent jurisdiction, SERVICE PROVIDER shall immediately furnish City with a complete copy of any insurance policy required under this Agreement, including all relevant endorsements, with said copy certified by the underwriter to be a true and correct copy of t he original policy. This requirement shall survive expiration or termination of this Agreement. SUBCONTRACTORS - If SERVICE PROVIDER subcontracts any or all of the services to be performed under this Agreement, SERVICE PROVIDER shall require, at the discretion of the CITY Risk Manager or designee, subcontractor(s) to enter into a separate Side Agreement with the City to provide required indemnification and insurance protection. Any required Side Agreement(s) and associated insurance documents for the subcontractor must be reviewed and preapproved by CITY Risk Manager or designee. If no Side Agreement is required, SERVICE PROVIDER will be solely responsible for ensuring that it’s subcontractors maintain insurance coverage at levels no less than those required by applicable law and is customary in the relevant industry. Fare Collection System Maintenance RFP No. 9563 Appendix B – Insurance Requirements B7 Proposers who plan to participate repeatedly in City bids are encouraged to submit annual insurance certificates at time of bid which will remain on file in the Purchasing Unit. Fare Collection System Maintenance, RFP No. 9563 Appendix C – Federal Conditions C1 APPENDIX C FEDERAL CONDITIONS Summary: Appendix C describes the federal conditions required of Federal Transit Administration (FTA) funded projects. Fare Collection System Maintenance, RFP No. 9563 Appendix C – Federal Conditions C2 FEDERAL CONDITIONS GREATER THAN $250,000 This contract/purchase agreement is subject to a financial assistance contract between the City of Fresno and the Federal Transit Administration, which requires that t his contract/agreement contain the following clauses: NO GOVERNMENT OBLIGATION TO THIRD PARTIES (1) The City and contractor/vendor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the purchaser, contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. (2) The contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS (1) The contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. sections 3801 et seq. and U.S. DOT regulations, “Program Fraud Civil Remedies,” 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contr act, the contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the contractor to the extent the Federal Government deems appropriate. (2) The contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. section 1001 and 49 U.S.C. section 5323(l) on the contractor, to the extent the Federal Government deems appropriate. Fare Collection System Maintenance, RFP No. 9563 Appendix C – Federal Conditions C3 (3) The contractor agrees to include the above two clauses in each subcon tract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. ACCESS TO RECORDS AND REPORTS (1) Record Retention. The Contractor will retain, and will require its subcontractors of all tiers to retain, complete and readily accessible records related in whole or in part to the contract, including, but not limited to, data, documents, reports, statistics, sub - agreements, leases, subcontracts, arrangements, other third party agreements of any type, and supporting materials related to those records. (2) Retention Period. The Contractor agrees to comply with the record retention requirements in accordance with 2 C.F.R. section 200.333. The Contractor shall maintain all books, records, accounts and reports required under this Contract for a period of at not less than three (3) years after the date of termination or expiration of this Contract, except in the event of litigation or settlement of claims arising from the performance of this Contract, in which case records shall be maintained until the disposition of all such litigation, appeals, claims or exceptions related thereto. (3) Access to Records. The Contractor agrees to provide sufficient access to FTA and its contractors to inspect and audit records and information related to performance of this contract as reasonably may be required. (4) Access to the Sites of Performance. The Contractor agrees to permit FTA and its contractors access to the sites of performance under this contract as reasonably may be required. FEDERAL CHANGES (1) Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between Purchaser and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. TERMINATION (1) Termination for Convenience: The City of Fresno may terminate this contract, in whole or in part, at any time by written notice to the contractor. The contractor shall be paid its costs, including contract close out costs, and profit on work performed up to the time of termination. The contractor shall promptly submit its termination claim to be paid by contractor. If the contractor has any property in its possession belonging to the City of Fresno, the contractor will account for the same, and dispose of it in the manner the City of Fresno directs. Fare Collection System Maintenance, RFP No. 9563 Appendix C – Federal Conditions C4 (2) Termination for Default: If the contractor does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is for services, the contractor fails to perform in the manner called for in the contract or if the contractor fails to comply with any other provisions of the contract, the City of Fresno may terminate this contract for default. Termination shall be effected by serving a notice of termination on the contractor setting forth the manner in which the contractor is in default. The contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract. (3) If it is later determined by the City of Fresno that the contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of, or are beyond the control of the contractor, the City of Fresno, after setting up a new delivery or performance schedule, may allow the contr actor to continue work, or treat the termination as a termination for convenience. CIVIL RIGHTS The City is an Equal Opportunity Employer. As such, the City agrees to comply with all applicable Federal civil rights laws and implementing regulations. Apar t from inconsistent requirements imposed by Federal laws or regulations, the City agrees to comply with the requirements of 49 U.S.C. section 5323(h)(3) by not using any Federal assistance awarded by FTA to support procurements using exclusionary or discriminatory specifications. Under this Agreement, the Contractor shall at all times comply with the following requirements and shall include these requirements in each subcontract entered into as part thereof. (1) Nondiscrimination – In accordance with Federal transit law at 49 U.S.C. section 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, religion, national origin, sex, disability, or age. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. (2) Equal Employment Opportunity – The following equal employment opportunity requirements apply to the underlying contract: (a) Race, Color, Creed, National Origin, Sex. In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. section 2000e et seq., and Federal transit laws at 49 U.S.C. section 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. chapter 60, and Executive Order No. 11246, "Equal Employment Opportunity in Federal Employment," September 24, 1965, 42 U.S.C. section 2000e note, as amended by any later Executive Order that amends or supersedes it, referenced in 42 U.S.C. section 2000e note. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, national origin, or sex (including sexual orientation and gender identity). Fare Collection System Maintenance, RFP No. 9563 Appendix C – Federal Conditions C5 Such action shall include, but not be limited to, the following: employment, promotion, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (b) Age - In accordance with the Age Discrimination in Employment Act, 29 U.S.C. sections 621-634, U.S. Equal Employment Opportunity Commission (U.S. EEOC) regulations, “Age Discrimination in Employment Act,” 29 C.F.R. Part 1625, the Age Discrimination Act of 1975, as amended, 42 U.S.C. sections 6101 et seq., U.S. Health and Human Services regulations, “Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance,” 45 C.F.R. Part 90, and Federal transit law at 49 U.S.C. section 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements F TA may issue. (c) Disabilities - In accordance with section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. section 794, the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. sections 12101 et seq., the Architectural Barriers Act of 1968, as amended, 42 U.S.C. sections 4151 et seq., and Federal transit law at 49 U.S.C. section 5332, the Contractor agrees that it will not discriminate against individuals on the basis of disability. In addition, the Contractor agrees to comply with a ny implementing requirements FTA may issue. (3) The contractor also agrees to include these requirements in each subcontract financed whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties. DISADVANTAGED BUSINESS ENTERPRISE (DBE) (1) Policy: It is the policy of the Department of Transportation that disadvantaged business enterprises as defined in 49 C.F.R. Part 26 shall have the maximum opportunity to participate in the performance of contracts financed in whole or part with Federal funds under this agreement. Consequently, the DBE requirements of 49 C.F.R. Part 26 applies to this agreement. (2) DBE Obligation: The recipient or its contractor agrees to ensure that disadvantaged business enterprises as defined in 49 C.F.R. Part 26 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this agreement. In this regard, all recipients or contractors shall take all necessary and reasonable steps in accordance with 49 C .F.R. Part 26 to ensure that disadvantaged business enterprises have the maximum opportunity to compete for and perform contracts. Recipients and their contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of DOT-assisted contracts." (3) This Contract is subject to the requirements of Title 49, Code of Federal Regulations, Fare Collection System Maintenance, RFP No. 9563 Appendix C – Federal Conditions C6 Part 26, Participation by Disadvantaged Business Ent erprises in Department of Transportation Financial Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises (DBE) is 10%. The agency’s overall goal for DBE participation is 13%. A separate contract goal has not been established for this procurement. INCORPORATION OF FTA 4220.1F TERMS (1) The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1F, dated November 1, 2008, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA-mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The contractor shall not perform any act, fail to perform any act, or refuse to comply with any City of Fresno request, which would cause the City of Fresno to be in violation of the FTA terms and conditions. (2) Flow Down – The incorporation of FTA terms has unlimited flow down. SUSPENSION AND DEBARMENT The Contractor shall comply and facilitate compliance with U.S. DOT regulations, “Nonprocurement Suspension and Debarment,” 2 C.F.R. Part 1200, which adopts and supplements the U.S. Office of Management and Budget (U.S. OMB) “Guidelines to Agencies on Government Wide Debarment and Suspension (Nonprocurement),” 2 C.F.R. Part 180. These provisions apply to each contract at any tier of $25,000 or mor e, and to each contract at any tier for a federally required audit (irrespective of the contract amount), and to each contract at any tier that must be approved by an FTA official irrespective of the contract amount. As such, the Contractor shall verify th at its principals, affiliates, and subcontractors are eligible to participate in this federally funded contract and are not presently declared by any Federal department or agency to be: a) Debarred from participation in any federally assisted Award; b) Suspended from participation in any federally assisted Award; c) Proposed for debarment from participation in any federally assisted Award; d) Declared ineligible to participate in any federally assisted Award; e) Voluntarily excluded from participation in any federally assisted Award; or f) Disqualified from participation in ay federally assisted Award. By signing and submitting its bid or proposal, the bidder or proposer certifies as follows: The certification in this clause is a material representation of fact relied upon by the City. If it is later determined by the City that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension Fare Collection System Maintenance, RFP No. 9563 Appendix C – Federal Conditions C7 and/or debarment. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. Part 180, subpart C, as supplemented by 2 C.F.R. Part 1200, while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. RESOLUTION OF DISPUTES, BREACHES, OR OTHER LITIGATION (1) The validity of this Agreement and of any of its terms and provisions, as well as the rights and duties of the parties, shall be governed by the laws of the State of California. In the event of litigation between the two parties, proper venue shall be laid in a court of competent jurisdiction in the County of Fresno, State of California. (2) Disputes arising in the performance of this Contract which are not resolved by agreement of the parties shall be decided in writing by the authorized representative of (Recipient)’s Maintenance Manager. This decision shall be final and conclusive unless with ten (10) days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the Maintenance Manager. In connection with any such appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the Maintenance Manager shall be binding upon the contractor and the Contractor shall abide by the decision. (3) Pending final resolution of a dispute in hereunder, the Contractor shall proceed diligently with the performance of this Agreement and in accordance with the City’s decision. LOBBYING The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (l) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an off icer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. Fare Collection System Maintenance, RFP No. 9563 Appendix C – Federal Conditions C8 This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (3) The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. The certificate titled Non Lobbying Certification must be completed and returned with your proposal. This certificate is located behind the form page 14. CLEAN AIR (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. sections 7401 et seq. The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. (2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. CLEAN WATER (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. sections 1251 et seq. The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. (2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. CARGO PREFERENCE REQUIREMENTS Use of United States-Flag Vessels. The contractor agrees: (1) To use privately owned United States-Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates for United States-Flag commercial vessels. Fare Collection System Maintenance, RFP No. 9563 Appendix C – Federal Conditions C9 (2) To furnish within 20 working days following the date of loading for shipments originating within the United States or within 30 days following the date of loading for shipments originating outside the United States, a legible copy of a rated, “on -board” commercial ocean bill-of-lading in English for each shipment of cargo described in the preceding paragraph to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington D.C. 20590 and the FTA recipient (through the contractor in the case of a subcontractor’s bill-of lading). (3) To include these requirements in all subcontracts issued pursuant to the contract when the subcontract may involve the transport of equipment, materials, or commodities by ocean vessel. FLY AMERICA Fly America Requirements: (1) Definitions. As used in this clause- “International air transportation” means transportation by air between a place in the United States and a place outside the United States or between two places both of which are outside the United States. “United States” means the 50 States, the District of Columbia, and outlying areas. “U.S.-flag air carrier” means an air carrier holding a certificate under 49 U.S.C. Chapter 411. (2) When Federal funds are used to fund travel, Section 5 of the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. § 40118) (Fly America Act) requires contractors, recipients, and others use U.S.-flag air carriers for U.S. Government-financed international air transportation of personnel (and their personal effects) or property, to the extent that service by those carriers is available. It requ ires the Comptroller General of the United States, in the absence of satisfactory proof of the necessity for foreign-flag air transportation, to disallow expenditures from funds, appropriated or otherwise established for the account of the United States, f or international air transportation secured aboard a foreign -flag air carrier if a U.S.-flag air carrier is available to provide such services. (3) If available, the contractor, in performing work under this contract, shall use U.S.-flag carriers for international air transportation of personnel (and their personal effects) or property. (4) In the event that the contractor selects a carrier other than a U.S.-flag air carrier for international air transportation, the contractor shall include a statement on vouchers involving such transportation essentially as follows: Fare Collection System Maintenance, RFP No. 9563 Appendix C – Federal Conditions C10 Statement of Unavailability of U.S.-Flag Air Carriers International air transportation of persons (and their personal effects) or property by U.S.-flag air carrier was not available or it was necessary to use foreign-flag air carrier service for the following reasons. See FAR § 47.403. Stated Reason(s):________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ (5) The contractor shall include the substance of this clause, including this paragraph, in each subcontract or purchase under this contract that may involve international air transportation. CONTRACT WORK HOURS AND SAFETY STANDARDS FOR AWARDS NOT INVOLVING CONSTRUCTION (1) The Contractor shall comply with all federal laws, regulations, and requirements providing wage and hour protections for non-construction employees, in accordance with 40 U.S.C.Section 3702, Contract Work Hours and Safety Standards Act, and other relevant parts of that Act, 40 U.S.C. Section 3701 et seq., and U.S. DOL regulations, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (also Labor Standards Provisions Applicable to Non -construction Contracts Subject to the Contract Work Hours and Safety Standards Act),” 29 C.F.R. part 5. (2) The Contractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three (3) years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee , social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. (3) Such records maintained under this paragraph shall be made available by the Contractor for inspection, copying, or transcription by authorized representatives of the FTA and the Department of Labor, and the Contractor will permit such representatives to interview employees during working hours on the job. (4) The contractor shall require the inclusion of the language of this clause within subcontracts of all tiers. ENERGY CONSERVATION (1) The contractor agrees to comply with mandatory standards and policies relating to Fare Collection System Maintenance, RFP No. 9563 Appendix C – Federal Conditions C11 energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. RECYCLED PRODUCTS (1) The Contractor agrees to provide a preference for those products and services that conserve natural resources, protect the environment, and are energy efficient by complying with and facilitating compliance with Section 6002 of the Resource Conservation and Recovery Act, as amended, 42 U.S.C. section 6962, and U.S. Environmental Protection Agency (U.S. EPA), “Comprehensive Procurement Guideline for Products Containing Recovered Materials,” 40 C.F.R. Part 247. ADA ACCESS (1) In accordance with section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. section 794, the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. sections 12101 et seq., the Architectural Barriers Act of 1968, as amended, 42 U.S.C. section 4151 et seq., and Federal transit law at 49 U.S.C. section 5332, the Contractor agrees that it will not discriminate against individuals on the basis of disability. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. SAFE OPERATION OF MOTOR VEHICLES (1) Seat Belt Use - The Contractor is encouraged to adopt and promote on-the-job seat belt use policies and programs for its employees and other person nel that operate company-owned vehicles, company-rented vehicles, or personally operated vehicles. The terms “company-owned” and “company-leased” refer to vehicles owned or leased either by the Contractor or City. (2) Distracted Driver - The Contractor agrees to adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers, including policies to ban text messaging while using an electronic device supplied by an employer, and driving a vehicle the driver owns or rents, a vehicle Contactor owns, leases, or rents, or a privately- owned vehicle when on official business in connection with the work performed under this agreement. PROMPT PAYMENT (1) The Prime Contractor shall pay any Subcontractor for work that has been satisfactor ily performed no later than thirty (30) days from the date of the Prime Contractor’s receipt of each payment made by the City of Fresno. Additionally, within thirty (30) days of satisfactory completion of all work required of the Subcontractor, the Prime C ontractor shall release any retainage payments withheld to the Subcontractor. Fare Collection System Maintenance, RFP No. 9563 Appendix C – Federal Conditions C12 FTA PROTEST NOTIFICATION A protestant must exhaust all City of Fresno Procurement administrative procedures and remedies before pursuing a protest with the FTA. (1) Any and all protests shall be in writing and shall be filed with the Purchasing Manager with the City of Fresno. A protest relating to the process for determining the most responsive and responsible contractor shall be filed within five (5) calendar days after th e protestor knows or should have known the basis of the determination. The Contract Officer shall respond to a protest within fourteen (14) calendar days after the receipt of the protest. The Purchasing Manager may grant the Contract Officer an extension f or the response if warranted. A request for reconsideration of any and all determinations by the Contract Officer shall be filed with the Purchasing Manager within seven (7) calendar days after the receipt of the determination. (2) A protest shall include: (a) The name, address, and telephone number, including FAX number if available, of the protestor; (b) The signature of the protestor or authorized representative; (c) Identification of the contract/solicitation; (d) A detailed statement of the legal and/or factual grounds of protest including copies and/or citations of relevant documents, and; (e) The form of relief requested. (3) If any of the above information is omitted or incomplete, then the Protestor shall be notified, in writing, within two (2) calendar days after that determination, and the Protestor shall have two (2) calendar days in which to remedy the specified problem. (4) The City will not make award prior to the resolution of a protest, or open proposals prior to resolution of a protest filed before proposal opening unless the Purchasing Manager determines in writing that it is in the best interests of the City or in keeping with Item 7 of this procedure to do otherwise. Potential contractors will be advised of a pending protest if the protest is filed before award. (5) The Purchasing Manager may allow for an informal conference on the merits of a protest with all interested parties allowed to attend. Interested parties include all bidding contractors, and may also include a subcontractor or supplier provided they have a substantial economic interest in a portion of the IFB or RFP. Fare Collection System Maintenance, RFP No. 9563 Appendix C – Federal Conditions C13 (6) The Purchasing Manager shall respond "in writing", in detail, to each substantial issue raised in the protest. The Purchasing Manager has the sole autho rity to make determinations for the City, and a determination shall be considered final when it is labeled as such. A request for reconsideration will be allowed by the Purchasing Manager if he determines that data has become available that was not previou sly known, or that there has been an error of law or regulation. (7) The City may proceed with procurement when a protest is pending if the City determines that: (a) The items to be procured are urgently required; (b) Delivery or performance will be unduly delayed by failure to make the award promptly; or (c) Failure to make award will otherwise cause undue harm to the grantee for the Federal Government. (8) FTA will only entertain a protest that alleges: (a) The City failed to have or to adhere to its protest procedures, or failed to review a complaint or protest; or (b) Violations of Federal law or regulation. (9) A protest to FTA must be filed in accordance with FTA Circular 4220.1F, available from the Contract Officer. Specifically, protestors shall file a protest with FTA Region 9 or FTA Headquarters Office no later than five (5) days after a final decision is rendered under the City's protest procedure. In instances where the protestor alleges that the City failed to make a final determination on the protest, protestors shall file a protest with FTA not later than five (5) calendar days after the protester knew or should have known of the grantee's failure to render a final determination on the protest. A protest filed with FTA shall: (a) Include the name and address of the protestor. (b) Identify the grantee, project number, and the number of the contract solicitation. (c) Contain a statement of the grounds for protest and any supporting documentation. This should detail the alleged failure to have or adhere to protest procedures, failure to review a complaint or protest; or Violation of Federal law or regulation. Include a copy of the local protest filed with the grantee and a copy of the grantee's decision, if any. Fare Collection System Maintenance RFP No. 9563 Appendix D – Statement of Work Addendum 02 - D1 APPENDIX D STATEMENT OF WORK Summary: Appendix D is a narrative description of the project’s work requirements. Fare Collection System Maintenance RFP No. 9563 Appendix D – Statement of Work Addendum 02 - D2 STATEMENT OF WORK Introduction and Background Fresno is located in the San Joaquin Valley of California mid-way between San Francisco and Los Angeles. As the largest mass public transportation provider in the region, Fresno Area Express (FAX) serves 299 square miles in the Fresno-Clovis Metropolitan Area (FCMA). FAX operates scheduled service throughout the FCMA on 18 routes, seven days per week. Service hours generally run from 5:30 a.m. until 12:00 a.m. weekdays and from 6:30 a.m. until 12:00 a.m. on weekends. FAX operates 114 fixed route buses and 51 paratransit cutaway vehicles. In February 2018, FAX implemented its first Bus Rapid Transit (BRT) service with 52 bus shelters and two transit centers. Passengers may either purchase bus fares at ticketing vending machines located along the BRT route or fare boxes located in each bus. In late 2020, FAX plans to launch smartcard technology and mobile ticketing platforms as additional options for our riders to purchase fares. Purpose: The purpose of this RFP is to contract with a service provider to maintain all ticketing vending machine (TVM), fare collection and related equipment manufactured and sold by Genfare SPX for the Department of Transportation Fresno Area Express (FAX). General Requirements 1. Equipment a. The proposer recognizes that this service contract includes all equipment manufactured by Genfare SPX as utilized by FAX, including contracted services at the Handyride Division. A brief summary of the major equipment utilized by FAX includes, but not limited to following: i. TVM Model Vendstar 4, including Bezel8 credit card equipment. 1. (53) TVMs in service to the public 2. (1) TVM test bench 3. (2) TVM spares ii. Odyssey fare boxes and associated equipment 1. (114) in service 2. Approximately (4) spares iii. Various fare devices such as fast fare-e (FFE) in paratransit and fixed route vehicles iv. Various hand held inspection devices (HTID) Fare Collection System Maintenance RFP No. 9563 Appendix D – Statement of Work Addendum 02 - D3 v. (3) Farebox collection probes vi. (2) Farebox collection vaults vii. Various back of house equipment/servers, including fare collection data and software. viii. Various smartcard contactless payment equipment ix. Credit card processing (Bezel8) equipment, including DSS/PCI certification. x. Various printer encoder machines (PEM) xi. Various fare validators b. Should Proposer be unable to p rovide service and support for the items included in 1.a. above, this shall be clearly noted in the proposal and shall be evaluated by the committee, and shall not disqualify the proposer. 2. Service Requirements a. Proposer shall submit a maintenance plan with their proposal that adequately describes the appropriate maintenance requirements for the equipment (adjusted for environmental, operating and weather conditions consistent in Fresno, California) i. Repair ii. PMs iii. Diagnostics iv. Cleaning v. Low voltage work. vi. 120v troubleshooting vii. Firmware updates/patches for the fareboxes viii. Equipment programming ix. Software upgrades for fareboxes x. Network security patches internal to equipment xi. Transaction compliance xii. Track inventory of TVM media xiii. Refill TVM media b. Should Proposer be unable to provide service and support for the items included in 2.a. above, this shall be clearly noted in the proposal and shall be evaluated by the committee, and shall not disqualify the proposer. c. The proposer shall provide to FAX recommended spare parts to be stocked and purchased by FAX, including establishing recommended reorder levels. This Agreement does not include the purchase of parts. d. The proposer recognizes that the number of equipment to be maintained may be adjusted by FAX through the deployment of additional vehicles, change in public transportation services, additional spares or added Fare Collection System Maintenance RFP No. 9563 Appendix D – Statement of Work Addendum 02 - D4 convenience to riders. Increases in the equipment maintained shall not be a valid justification for the proposer to request a contract modification and shall be performed at no additional cost to FAX. e. Proposer shall be responsible for setting up, submitting, tracking and shipping parts, (including shipping costs) back to the manufacture for warranty return (RMA). f. Proposer shall provide their own work order and resource management system to track work, parts consumed, resources utilized. Reports shall be provided to FAX upon request. g. Removal and installation of fare boxes in vehicles, either replacements or purchased new from the manufacturer. h. Removal and installation of TVMs in the field damaged beyond repair through vehicle collisions, etc. The proposer shall be responsible for hauling, delivering, offloading, installation and commissioning. FAX shall be responsible for providing traffic control, permit fees, and coordination with other City Departments if required to perform the work. Due to the unique nature of this work, this requirement has been included in Bid item #2 on a per each basis and billed for accordingly. i. Proposer shall be responsible for changing and/or refilling TVM media. Additionally, proposer shall be responsible for keeping track of media inventory quantities and advise FAX when additional media should be re-ordered. 3. Level of Service Requirements a. Service resources will be provided by the Proposer as required to maintain equipment in service at time of the RFP. b. Service hours i. Proposer shall provide service from 5:00 a.m. to 7:00 p.m. weekdays. ii. Proposer shall provide service from 8:00 a.m. to 5:00 p.m. on Sundays and holidays. Service is required on all holidays, with exception to Thanksgiving Day and Christmas Day. iii. Hours shall only be changed through mutual agreement by FAX and the proposer. FAX may initiate and require service hours changes. iv. The proposer shall maintain service levels and provide adequate resources during planned employee absences. c. Off hours and on-call work: Fare Collection System Maintenance RFP No. 9563 Appendix D – Statement of Work Addendum 02 - D5 i. Should FAX direct and authorize work outside regular service hours, this work shall billed for separately and in accordance with the rates included in this in this Agreement. 4. Resources a. Proposer to provide all manpower, transportation, tools, vehicles, consumable goods (lubricants, cleaners, etc.) equipment and similar as necessary to perform the general requirements. b. FAX shall provide work space within the bus maintenance shop for use by the vendor 1. (1) Open air shared space within the bus maintenance shop: 1,000 S.F. 2. (1) Secured room within the bus maintenance shop 250 S.F. c. TVM test bench i. This test bench shall be provided to test, troubleshoot and train technicians. The test TVM shall not be cannibalized for parts or inoperable for longer than 72 hours if needed to facilitate training. d. Proposer to be granted access to the Vendstar Information Processor (VIP) portal as a tool to remotely view the health and maintenance needs of the TVMs. i. The proposer shall be responsible to continually monitor the health of the TVM for adherence to the response requirements identified herein. e. Proposer shall be provided adequate power and network connectivity (Wi - Fi) to perform the scope of work. 5. TVM Critical Failure Field Response Requirements a. Identified critical failures i. TVM not able to issue tickets: ii. TVM not able to accept either cash, credit cards or coins iii. TVM not able to dispense any form of change iv. TVM is non-responsive, blank screen, frozen or no power at all. v. Vandalism which poses a safety risk to the customer or poses a risk to revenue loss b. Response requirements i. Amount of time between when the event was recorded in the VIP to when troubleshooting starts or email from FAX indicating vandalism, if not apparent in the VIP. 1. 2 business hours weekdays and weekends Fare Collection System Maintenance RFP No. 9563 Appendix D – Statement of Work Addendum 02 - D6 ii. Amount of time between when the event was recorded in the VIP or email from FAX indicating vandalism, if not apparent in the VIP, to when technician remediates issue: 1. 4 business hours weekdays and weekends, contingent upon parts available for repair (if required to restore function to the TVM) 6. TVM Standard Equipment Failure Field Response Requirements a. Identified standard equipment failures i. Items not identified as a critical failure. b. Response requirements i. Amount of time between when the event was recorded in the VIP to when troubleshooting starts. 1. 4 business hours weekdays and weekends ii. Amount of time between when the event was recorded in the VIP to when technician remediates issue: 1. 1 business day weekdays and weekends, contingent upon parts available for repair (if required to restore function to the TVM) 7. TVM Routine Service Request Field Response Requirements a. Identified routine service requests i. Non-critical issues in which revenue loss is not immediate at risk or at risk within 72 non-business hours ii. Includes warranty field repairs b. Response requirements i. Amount of time between when the event was recorded in the VIP to when troubleshooting starts. 1. 1 business day weekdays and weekends ii. Amount of time between when the event was recorded in the VIP to when technician remediates issue: 1. 2 business day weekdays and weekends, contingent upon parts available for repair (if required to restore function to the TVM) Fare Collection System Maintenance RFP No. 9563 Appendix E – Disclosure of Conflict of Interest E1 APPENDIX E DISCLOSURE OF CONFLICT INTEREST Summary: Appendix E is the Disclosure of Conflict of Interest form. City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 21-440,Version:1 REPORT TO THE CITY COUNCIL April 28, 2021 FROM:THOMAS ESQUEDA, City Manager GEORGEANNE A. WHITE, Assistant City Manager THROUGH:HENRY FIERRO, Budget Manager Budget and Management Studies Division BY:TODD STERMER, Senior Budget Analyst Budget and Management Studies Division SUBJECT Actions pertaining to amendments to the Master Fee Schedule Resolution No.80-420 to Add,Adjust, or Delete Various Fees: 1.HEARING to Consider Adoption of the 560th Amendment to the Master Fee Schedule Resolution No.80-420 to Add,Adjust,or Delete Various Development Fees Associated with the Current Planning,Building and Safety Services,and Parking Divisions of the Planning and Development Department (Citywide). 2.Adopt a finding of statutory exemption pursuant to California Environmental Quality Act (CEQA)Guidelines Section 15273(a)for amendments to fees pertaining to:(1)Public Utilities -(a)Solid Waste,(b)Wastewater,and (c)Water Division;(2)PARCS;and (3)Planning -(a) CPI adjustment, (b) fee adjustments; and (c) new fees proposed. 3.***RESOLUTION -560th Amendment the Master Fee Schedule Resolution No.80-420 Making Various Changes to the Regulatory,Development,and User Fees in the Current Planning, Building and Safety Services,and Divisions of the Planning and Development Department. (Subject to Mayor’s Veto) 4.***RESOLUTION -561st Amendment to the Master Fee Schedule Resolution No.80-420 to Add, Adjust, Revise or Delete Various Fees (Subject to Mayor’s veto) RECOMMENDATION Staff recommend that Council: 1.Hold a hearing to Consider Adoption of the 560th Amendment to the Master Fee Schedule Resolution No.80-420 to Add,Adjust,or Delete Various Development Fees Associated with the Current Planning,Building and Safety Services,and Parking Divisions of the Planning and Development Department (Citywide); 2.Adopt a finding of statutory exemption pursuant to California Environmental Quality Act City of Fresno Printed on 4/21/2021Page 1 of 5 powered by Legistar™ File #:ID 21-440,Version:1 2.Adopt a finding of statutory exemption pursuant to California Environmental Quality Act (CEQA)Guidelines Section 15273(a)for amendments to fees pertaining to:(1)Public Utilities -(a)Solid Waste,(b)Wastewater,and (c)Water Division;(2)PARCS;and (3)Planning -(a) CPI adjustment, (b) fee adjustments; and (c) new fees proposed. 3.Approve the 560th Amendment the Master Fee Schedule Resolution No.80-420 Making Various Changes to the Regulatory,Development,and User Fees in the Current Planning, Building and Safety Services,and Divisions of the Planning and Development Department. (Subject to Mayor’s Veto) 4.Approve the 561st Amendment to the Master Fee Schedule (MFS)Resolution No.80-420 to Add, Adjust, Revise or Delete Various Fees (Subject to Mayor’s veto) EXECUTIVE SUMMARY The attached resolutions to adopt the 560th and 561st Amendments to the Master Fee Schedule (MFS)Resolution No.80-420 addresses fee changes,and annual routine revisions to the following sections of the MFS:Parks,After School,Recreation and Community Services (PARCS); Planning and Development (Planning); and Public Utilities (DPU). BACKGROUND The annual revision of the MFS is being presented at this time to enable adjustments approved by Council to be incorporated into the planning of the FY 2022 budget.Staff will proceed with estimating revenues for FY 2022 based on the adoption of these updates to the schedule.The following narrative details the proposed fee adjustments by MFS section. PARCS:The PARCS Department is proposing adjustments to four Green Fees at Riverside Municipal Golf Course (Riverside).These adjustments are contractual.Per the terms of the Riverside lease agreement,the Green Fees may be adjusted annually in an amount not to exceed the 12-month percentage change in the U.S.Bureau of Labor Statistics the Consumer Price Index (CPI)(Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-San Jose Area). The cumulative increase to these fees is 1.261%which falls under the maximum of 1.330%based on the CPI change between June 2019 and June 2020.These fees will be effective upon adoption. Planning:Planning is proposing several adjustments to the MFS,as outlined below.Pursuant to the Mitigation Fee Act (Government Code Section 66000 et.seq.)any action to increase a fee requires a noticed public hearing at a regularly scheduled meeting of the Council.If adopted,fees will become effective no sooner than 60 days after final approval or July 1, whichever is later. In addition to a CPI adjustment,Planning is also proposing fifteen text changes,eight fee adjustments, five deletions, and two new fees: ·CPI Adjustment:The Planning and Development Department is proposing to adopt an annual adjustment to construction related fees.An annual CPI adjustment was recommended in the 2019 User Fee Analysis performed by NBS.NBS recommended that user fees be adjusted on an annual basis to keep pace with the cost of inflation.The proposed annual adjustment will be tied to the U.S.Bureau of Labor Statistics Consumer Price Index (Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-San Jose Area).The adjustment will occur annually on July 1,commencing with July 1,2021 City of Fresno Printed on 4/21/2021Page 2 of 5 powered by Legistar™ File #:ID 21-440,Version:1 Jose Area).The adjustment will occur annually on July 1,commencing with July 1,2021 based on the 12-month percentage change for the most current month data that is available. ·Text Changes:The fifteen text changes are proposed in the following sections:(1)Address Change (under Land Use,Zoning,and Division);(2)Conditional Use Permits (under Land Use,Zoning and Land Division);(3)Map -Tentative Parcel Maps (under Land Use and Zoning);(4)Map -Tentative Tract Maps (under Land Use and Zoning);(5)Plan Amendment (under Land Use and Zoning);(6)Site Plan Review (under Land Use and Zoning);(7) Amendment to Approved SPR (under Land Use and Zoning);(8)Building Plan Check - Offsite Improvements (under Subdivision);(9)Special and Consulting Services (Under Subdivision);(10)Footnotes (under Parking Fees);(11)Short Term Daily Rates (under Parking Fees);(12)Fee Notes (under New Construction,Commercial Tenant Improvements, Residential Additions and Miscellaneous Items,including Residential Remodels &Minor Alterations);(13)Fee Notes (under Plan Check &Inspection /Permit Fees for New Construction,Commercial Tenant Improvements &Residential Additions);(14)incorporation of previously omitted tables added (under Miscellaneous Items,including Residential Remodels &Minor Alterations);(15)Fee Notes (under Mechanical Plumbing and Electrical - Stand Alone Projects) ·Fee Adjustments:The eight fee adjustments are proposed in the following sections:(1) Occupancy and Penalty (both under Other Fees related to New Construction,Commercial Tenant Improvements and Residential Additions);(2)Occupancy and Penalty (both under Other Fees related to Miscellaneous Items);(3)Plan Check &Inspection /Permit Fees for Mechanical,Plumbing and Electrical (under Mechanical Plumbing and Electrical -Stand Alone Projects);(4)Penalty (under Other Fees related to Mechanical Plumbing and Electrical Stand Alone Projects);(5)Conditional Use Permits (under Land Use Zoning and Land Division);Environmental Impact Report deposits (under Land Use and Zoning);(6) Planned Development -Standalone (under Land Use and Zoning);(7)Building Plan Check - Planning Review for Commercial and Residential (under Subdivision);and (8)Minor Revised Exhibit (under Conditional Use Permit in the Land Use,Zoning and Land Division section). The fees proposed for adjustment were previously calculated in the 2019 User Fee Analysis prepared by NBS Government Finance Group and changes to these fees were approved by Council on June 20,2019.Staff proposes adjustments to these fees as business practices were revised and associated tasks refined or changed.For each,staff conducted a time-on- task analysis and used the applicable fully burdened hourly rate provide by NBS in the 2019 User Fee Analysis.In a memo dated February 4,2021,staff provided an explanation of these proposed revisions to NBS and requested that NBS review the proposed revisions and the methodology used for consistency with the 2019 User Fee Analysis.After reviewing the proposed changes and discussing them with Planning staff,NBS agreed that the proposed changes are consistent with the practices used in the 2019 User Fee Analysis. Among the changes proposed,staff propose and adjust to the Conditional Use Permit Section to include a Minor Revised Exhibit level of review,similar to the Development Permit level of review.By including this middle level of review,customers are provided a level of review at less cost and time than the “Major”Revised Exhibit.The time to complete processes to complete this level of review were studied in a manner consistent with the City of Fresno Printed on 4/21/2021Page 3 of 5 powered by Legistar™ File #:ID 21-440,Version:1 2019 User Fee Analysis and included in the aforementioned memo to NBS. ·Deletions:The five deletions are proposed in the following sections:(1)Conditional Use Permits (under Land Use,Zoning and Division);(2)Encroachment (under Land Use and Zoning);(3)Planned Community Development (under Land Use and Zoning);(4)Waiver or Interpretation of Development Standards (under Land Use and Zoning);(5)Short Term Daily Rates (under Parking Fees). ·New Fees Proposed:The two newly proposed fees are as follows:(1)Residential Tract Update Review (under Miscellaneous Items,including Residential Remodels and Minor Alterations)and (2)Temporary Event Structure Permit and Inspection (under Other Fees related to Miscellaneous Items). The Residential Tract Update Review fee is an established fee that was regularly charged under a miscellaneous fee category.Staff proposes codifying this as a separate fee in the MFS.To calculate this fee,staff conducted a time-on-task assessment and utilized the fully burdened hourly rate for the Permit Center provide in the 2019 User Fee Analysis.NBS reviewed staff’s calculation of this fee and agreed it is consistent with the practices in the 2019 User Fee Analysis. The Temporary Event Structure Permit was previously charged as a miscellaneous hourly inspection rate.Calculation of this fee was inadvertently omitted from the 2019 User Fee Analysis.To provide specificity to the records of the associated permits,staff propose including a Temporary Event Structure fee in the MFS.This fee was calculated per a cost recovery basis of the inspection time required to issue this permit type.To calculate this fee, staff conducted a time-on-task assessment and utilized the fully burdened hourly rate for the Inspection Services provide in the 2019 NBS Fee Study.NBS reviewed staff’s calculation of this fee and agreed it is consistent with the practices in the 2019 NBS Fee Study. DPU (Solid Waste):The Solid Waste Division is proposing adjustments to the Illegal Dumping Cleanup fee.This fee is being adjusted to recover the current cost of service to clean up illegal dumping throughout the city and is based on the cost of a driver,a heavy equipment operator, equipment and fleet operations and maintenance costs. DPU (Wastewater):The Wastewater Division is proposing adjustments to two fees and the addition of three new fees.The adjustments include a text change related to Hauled Waste Disposal and an increase related to enforcement of the Pretreatment Program meant to reflect current labor costs. The three new fees are special charges billed for service requests and include: ·A fee for processing and reviewing pre-acceptance video inspections filmed by outside contractors for new construction sewer mainlines. ·A fee for city inspection of access structure channel construction when pre-acceptance video inspections by outside contractors do not properly capture the structure. ·A fee for a single Collection System Maintenance employee reports directly to an after-hours sewer service call on private property or a private system. DPU (Water Division):The Water Division is proposing adjustments to fifteen fees.These fees are adjusted annually to reflect the current cost of service and materials.Fees being adjusted City of Fresno Printed on 4/21/2021Page 4 of 5 powered by Legistar™ File #:ID 21-440,Version:1 are adjusted annually to reflect the current cost of service and materials.Fees being adjusted include:Fire Hydrant Damage Repair;Fire Hydrant Permits;Testing and Cleaning for fire hydrant travel meters;Water Supply Well Permits;Monitoring Well Permits;Monitoring Well Inspections; Well Abandonment Permits;Well Destruction Permits;Well Destruction Inspections;Underground Utility Remarking;Blind Washer Installation;Blind Washer Removal;Service Disconnection; Service Restoration; and After Hours Turn On Service. ENVIRONMENTAL FINDINGS Staff has performed a preliminary environmental assessment of the fee updates Amendments to the MFS,as noted above and on the schedules attached hereto,for the following departments are determined to be statutorily exempt pursuant to CEQA Guidelines Section 15273(a):(1)Public Utilities -(a)Solid Waste,(b)Waste Water,and (c)Water Division;(2)PARCS;and (3)Planning -(a) CPI adjustment,(b)fee adjustments;and (c)new fees proposed.These updates are exempt because they pertain to meeting operating expenses, including employee wage rates and materials. Pursuant to the definition in California Environmental Quality Act Guidelines Section 15378,the Planning &Development Department’s text changes and deletions,as noted above and on the schedules attached hereto, are not a “project.” LOCAL PREFERENCE Local preference was not considered because this agenda item does not include a bid or award of a construction services contract. FISCAL IMPACT The FY 2022 Budget will be built on the assumption that the fees contained in the 560th and 561st Amendments will be implemented.The effective date of this amendment is July 1,2020,unless otherwise noted. Attachments: 560th Amendment to the Master Fee Resolution 561st Amendment to the Master Fee Schedule Resolution Master Fee Schedule Exhibit A Master Fee Schedule Exhibit B February 4, 2021 Planning & Development Department Memo to NBS February 5, 2021 NBS Letter to Planning & Development Department City of Fresno Printed on 4/21/2021Page 5 of 5 powered by Legistar™ EXHIBIT A CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2020 unless otherwise noted MFS Amendment #554 (January 2020) Page 01 NEW CONSTRUCTION, COMMERCIAL TENANT IMPROVEMENTS, RESIDENTIAL ADDITIONS • Fees are available for encouragement "Inner City", "Inner City-Highway City", "Inner City-Pinedale" and "Inner City-Herndon Townsite" (indicated by "IC", "IC-H", "IC-P" and “IC-HT designations. Please refer to page ? 8-1 for definition of "IC", "IC-H", "IC-P" and “IC-HT” designations (330th, 11/29/96). Designation definitions can be found under the "Land Use, Zoning and Subdivision" section of this Master Fee Schedule. • At the discretion of the Development Director/Designee, fee rates may be adjusted, when special circumstances are found to exist, to reflect the actual cost of processing. Special conditions may result in additional requirements. Also Consult the Land Use, Zoning and Land Division Section • All Mechanical, Plumbing, Electrical and Energy Plan Check Items associated with the New Construction projects are included in the base Plan Check and Inspection Fees of the Project • For all building services not listed in the building sections or for services determined by the City Building Official to be beyond the regular effort established in this fee schedule, a $119.00^ blended hourly rate applies. Type I A Non-combustible construction. Three-hour fire resistive exterior wall complies with Section 603 of the California Building Code. Type I B Non-combustible construction. Two-hour fire resistive exterior walls complies with Section 603 of the Uniform Building Code. Type II A Non-combustible construction. Structural members and partitions must be protected by one-hour fire resistive construction. Type II B Non-combustible construction. No fire resistive quality requirement. Type III A Combustible construction. Exterior walls protected with two-hour fire resistive construction. Masonry or concrete wall construction. Type III B Combustible construction. No fire resistive quality required except exterior walls. Type IV Combustible. Heavy-timber construction. Exterior walls have fire resistive quality of 4 hours. Type V A Combustible construction. Wood frame with exterior walls protected with one-hour fire resistive construction Type V B Combustible construction. No fire resistive quality requirement. ^ Adjusted on July 1 annually, beginning July 1, 2021, based on the 12 month percentage change in the U.S. Bureau of Labor Statistics Consumer Price Index (CPI) (Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-Hayward area), for the most current month that data is available. The chart below provides Construction Types to be used in conjunction with the New Construction Fee Schedules/tables PLANNING & DEVELOPMENT - BUILDING FEES Construction Type (560th Amendment) CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2020 unless otherwise noted MFS Amendment #554 (January 2020)Page 02 Plan Check & Inspection/Permit Fees for NEW CONSTRUCTION, COMMERCIAL TENANT IMPROVEMENTS & RESIDENTIAL ADDITIONS OTHER FEES related to NEW CONSTRUCTION, COMMERCIAL TENANT IMPROVEMENTS & RESIDENTIAL ADDITIONS are as follows: Fee Description & Unit/Time Current Proposed Amnd Addendum to Approved Building Construction Plans 552 Minimum Hour, 1-hour minimum 163.00 hr*^ Appeals 552 Applications for Building Comission, Joint Advisory and Appeals Board Manager Hour, 1-hour minimum 109.00 hr*^ Bluff Preservation Soils Report Review 552 Hour, 1-hour minimum 218.00 hr*^ Building Plan Check (other than base fees)552 Offsite improvements plan check (Coordinate with Planning Division) Single-family / per plan 140.00^ Other uses / per plan 310.00^ Interior only tenant improvements with shell and accessory 47.50^ structures to existing single-family and other uses/per plan Site / amendment 57.00^ Single-family revised site plan Hour, 1-hour minimum 54.00 hr*^ Consulting/Inspection Services--Special 552 Services requested by applicant shall be over and above regular fees During regular business hours. Hour, 1-hour minimum 146.00 hr*^ Other than regular business hours (except Sundays and holidays) Hour, 1-hour minimum 166.00 hr*^ Inspection or consulting service not otherwise listed Hour, 1-hour minimum 146.00 hr*^ ^ Adjusted on July 1 annually, beginning July 1, 2021, based on the 12 month percentage change in the U.S. Bureau of Labor Statistics Consumer Price Index (CPI) (Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-Hayward area), for the most current month that data is available. See attached fee tables under "Plan Check and Inspection Variable Fee Schedules (Tables) for New Construction" PLANNING & DEVELOPMENT - BUILDING FEES 560 560 560 560 560 CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2020 unless otherwise noted MFS Amendment #554 (January 2020) Page 03 OTHER FEES related to NEW CONSTRUCTION, COMMERCIAL TENANT IMPROVEMENTS & RESIDENTIAL ADDITIONS are as follows: Fee Description & Unit/Time Current Proposed Amnd California Building Standards Commision Permit Surcharge 480 Per Permit Valuation 1 - 25,000 1.00 25,001 - 50,000 2.00 50,001 - 75,000 3.00 75,001 - 100,000 4.00 Every 25,000 or fraction thereof above 100,001 Add 1.00 County Facilities Impact Fee Based on County Ordinance and paid to County General Plan and Related Document Update and Maintenance 552 Surcharge on all Building Permits 12.83% Grading Permit (fees are charged on a per permit basis)**505 Single and Multifamily Individual lots Included in Building Permit fee Subdivision land and Commercial lots Separate fee per Miscellaneous fee section Grading Plan Check Review (fees are charged on a per plan 505 basis, unless otherwise noted) Single and Multifamily lots Included in Building Plan Check fee Subdivision land and Commercial lots Separate fee per Miscellaneous fee section Fire Fees (for Fire Protection Systems and related Permits/ See Fire Dept Fees 505 Inspections/Reports) Fire Fees (for Building related Plan Check and Permit/See Planning and 505 Inspection Fees)Development Section of Fire Department Fees Foundation Permit (Multifamily and Commercial only)552 Standard fee 25% of permit fee Minimum 82.00^ Handicapped Plan Check (Multifamily/Commercial only)Incld in Building 505 Plan Check fee ^ Adjusted on July 1 annually, beginning July 1, 2021, based on the 12 month percentage change in the U.S. Bureau of Labor Statistics Consumer Price Index (CPI) (Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-Hayward area), for the most current month that data is available. PLANNING & DEVELOPMENT - BUILDING FEES 560 CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2020 unless otherwise noted MFS Amendment #554 (January 2020) Page 04 OTHER FEES related to NEW CONSTRUCTION, COMMERCIAL TENANT IMPROVEMENTS & RESIDENTIAL ADDITIONS are as follows: Fee Description & Unit/Time Current Proposed Amnd Occupancy 552 Certificate of Occupancy / each (Multifamily/Commercial only)53.50 54.00^ Change of occupancy / per application**Separate fee per Misc fee section Temporary Occupancy Cash deposit to guaranty completion Deposit determined by Director/Designee Inspection and processing / per application 54.00^ Penalty 505 A surcharge will be added for complex/incomplete plans hrly rate* Incorrect address/location given by applicant / per trip)53.50 54.00^ Premature inspection all (work not ready) / per trip 53.50 54.00^ Reinspection other than entitled calls / per trip 80.30 80.00^ Working without required permit / per permit fee 4 times (max.) Renewals - Permits and Plan Checks 552 Building permit renewal of expired permit Standard fee 25% Minimum 54.00^ Plan check renewal of expired plan check Standard fee 25% Minimum 54.00^ Scanning Plans 505 8 ½"x11" / per sheet 0.90 Greater than 8 1/2"x11"/ per sheet 1.80 Seismic Fee (Strong--Motion Instrumentation Seismic motion fees are established 505 and Seismic Hazard Mapping Fee)by the Dept. of Conservation, State of California, and are subject to period change. Solar System Separate fee per Misc fee section 505 Technology - Entitlement Processing System Update 552 Surcharge on all Building Permits 19.00^ Utilities, Construction 505 Temporary use for construction purposes / per inspection Separate fee per MP&E Fee Section Workers' Compensation Insurance Verification 552 Per transaction 27.00^ * The blended rate for the Bldg Division (includes fringe & overhead) is $119.00^ per hr or is the actual hrly of a consultant, if utilized; plus actual extraordinary expenses in either case. ** Permit fees will be reduced by 50 % for the inner-city areas and limited to inner-city residential use properties only for Inner City-Highway City, Inner City-Pinedale, and Inner City-Herndon Townsite areas. ^ Adjusted on July 1 annually, beginning July 1, 2021, based on the 12 month percentage change in the U.S. Bureau of Labor Statistics Consumer Price Index (CPI) (Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-Hayward area), for the most current month that data is available. PLANNING & DEVELOPMENT - BUILDING FEES 560 560 560 560 560 CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2020 unless otherwise noted MFS Amendment #554 (January 2020) Page 05 MISCELLANEOUS ITEMS, including RESIDENTIAL REMODELS & MINOR ALTERATIONS Proposed • Fees are available for encouragement "Inner City", "Inner City-Highway City", "Inner City-Pinedale" and "Inner City-Herndon Townsite" (indicated by "IC", "IC-H", "IC-P" and “IC-HT designations. Please refer to page ? 8-1 for definition of "IC", "IC-H", "IC-P" and “IC-HT” designations (330th, 11/29/96). Designation definitions can be found under the "Land Use, Zoning, and Subdivision" section of this Master Fee Schedule. • At the discretion of the Development Director/Designee, fee rates may be adjusted, when special circumstances are found to exist, to reflect the actual cost of processing. • All Mechanical, Plumbing, Electrical and Energy Plan Check Items associated with these Construction projects are included in the base Plan Check and Inspection Fees of the Project • For all building services not listed in the building sections or for services determined by the City Building Official to be beyond the regular effort established in this fee schedule, a $119.00^ blended hourly rate applies. ^ Adjusted on July 1 annually, beginning July 1, 2021, based on the 12 month percentage change in the U.S. Bureau of Labor Statistics Consumer Price Index (CPI) (Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-Hayward area), for the most current month that data is available. PLANNING & DEVELOPMENT - BUILDING FEES (560th Amendment) CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2020 unless otherwise noted MFS Amendment #554 (January 2020) Page 06 Proposed Plan Check & Inspection / Permit fees for New Construction, Commercial Tenant Improvements & Residential Additions Fee Tables for New Construction, Additions and Major Remodels - Plan Check 560 Construction Type Square Footage:1,000 per project 4,090$ 0.699$ 4,000 per project 6,189$ 0.365$ 10,000 per project 8,381$ 0.188$ 20,000 per project 10,260$ 0.146$ 50,000 per project 14,645$ $ 0.293 Square Footage:1,000 per project 3,723$ 0.635$ 4,000 per project 5,628$ 0.332$ 10,000 per project 7,620$ 0.171$ 20,000 per project 9,326$ 0.133$ 50,000 per project 13,309$ $ 0.266 Square Footage:750 per project 2,236$ 0.902$ 2,000 per project 3,363$ 0.393$ 5,000 per project 4,541$ 0.202$ 10,000 per project 5,551$ 0.157$ 25,000 per project 7,907$ $ 0.316 Square Footage:1,000 per project 3,549$ 0.605$ 4,000 per project 5,364$ 0.316$ 10,000 per project 7,261$ 0.163$ 20,000 per project 8,886$ 0.126$ 50,000 per project 12,679$ $ 0.254 Square Footage:1,000 per project 3,381$ 0.576$ 4,000 per project 5,108$ 0.301$ 10,000 per project 6,913$ 0.155$ 20,000 per project 8,459$ 0.120$ 50,000 per project 12,068$ $ 0.241 ^ Adjusted on July 1 annually, beginning July 1, 2021, based on the 12 month percentage change in the U.S. Bureau of Labor Statistics Consumer Price Index (CPI) (Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-Hayward area), for the most current month that data is available. A-1 : Assembly, Theatres, without Stage A-3 : Assembly, Churches and Religious Buildings A-3 : Assembly, General, Community Halls, Libraries, Museums A-2 : Assembly, Nightclubs, Bars, Restaurants, Banquet Halls A-1 : Assembly, Theatres, with Stage PLANNING & DEVELOPMENT - BUILDING FEES PLAN CHECK AND INSPECTION VARIABLE FEE SCHEDULES FOR NEW CONSTRUCTION Occupancy Type and Class Group A/B^Group C^ Base Cost Cost Per S.F. Between Thresholds Base Cost Cost Per S.F. Between Thresholds Fee Unit CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2020 unless otherwise noted MFS Amendment #554 (January 2020) Page 07 Proposed Plan Check & Inspection / Permit fees for New Construction, Commercial Tenant Improvements & Residential Additions Fee Tables for New Construction, Additions and Major Remodels - Plan Check continued 560 Construction Type Square Footage:2,000 per project 3,959$ 0.338$ 8,000 per project 5,989$ 0.177$ 20,000 per project 8,109$ 0.091$ 40,000 per project 9,927$ 0.071$ 100,000 per project 14,168$ $ 0.142 Square Footage:2,000 per project 3,407$ 0.290$ 8,000 per project 5,148$ 0.152$ 20,000 per project 6,967$ 0.078$ 40,000 per project 8,526$ 0.061$ 100,000 per project 12,163$ $ 0.122 Square Footage:1,000 per project 2,676$ 0.45$ 2,251$ 0.379$ 4,000 per project 4,035$ 0.31$ 3,387$ 0.198$ 10,000 per project 5,922$ 0.13$ 4,574$ 0.102$ 20,000 per project 7,244$ 0.10$ 5,591$ 0.079$ 50,000 per project 10,329$ $ 0.21 7,964$ $ 0.159 Square Footage:500 per project 2,789$ 0.95$ 2,346$ 0.790$ 2,000 per project 4,208$ 0.66$ 3,531$ 0.413$ 5,000 per project 6,176$ 0.28$ 4,770$ 0.212$ 10,000 per project 7,556$ 0.21$ 5,831$ 0.165$ 25,000 per project 10,775$ $ 0.43 8,308$ $ 0.332 Square Footage:1,000 per project 3,470$ 0.591$ 4,000 per project 5,244$ 0.309$ 10,000 per project 7,097$ 0.159$ 20,000 per project 8,686$ 0.124$ 50,000 per project 12,393$ $ 0.248 ^ Adjusted on July 1 annually, beginning July 1, 2021, based on the 12 month percentage change in the U.S. Bureau of Labor Statistics Consumer Price Index (CPI) (Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-Hayward area), for the most current month that data is available. A-4 / A-5 : Assembly, Arenas E : Educational Building F-1 / F-2 : Factory and Industrial (Low and Moderate Hazard) H : All H Occupancies I-1 : Institutional, Supervised Environment PLAN CHECK AND INSPECTION VARIABLE FEE SCHEDULES FOR NEW CONSTRUCTION Occupancy Type and Class Group A/B^Group C^ Fee Unit Base Cost Cost Per S.F. Between Thresholds Base Cost Cost Per S.F. Between Thresholds PLANNING & DEVELOPMENT - BUILDING FEES CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2020 unless otherwise noted MFS Amendment #554 (January 2020) Page 08 Proposed Plan Check & Inspection / Permit fees for New Construction, Commercial Tenant Improvements & Residential Additions Fee Tables for New Construction, Additions and Major Remodels - Plan Check continued 560 Construction Type Square Footage:1,000 per project 3,502$ 0.597$ 4,000 per project 5,292$ 0.312$ 10,000 per project 7,163$ 0.160$ 20,000 per project 8,766$ 0.125$ 50,000 per project 12,507$ $ 0.250 Square Footage:5,000 per project 4,915$ 0.169$ 20,000 per project 7,445$ 0.088$ 50,000 per project 10,089$ 0.045$ 100,000 per project 12,355$ 0.035$ 250,000 per project 17,641$ $ 0.071 Square Footage:500 per project 1,683$ 0.56$ 1,474$ 0.486$ 2,000 per project 2,521$ 0.39$ 2,203$ 0.254$ 5,000 per project 3,685$ 0.16$ 2,964$ 0.131$ 10,000 per project 4,501$ 0.13$ 3,617$ 0.102$ 25,000 per project 6,405$ $ 0.26 5,140$ $ 0.206 Square Footage:5,000 per project 4,431$ 0.15$ 20,000 per project 6,709$ 0.11$ 50,000 per project 9,871$ 0.04$ 100,000 per project 12,087$ 0.03$ 250,000 per project 17,259$ $ 0.07 Square Footage:500 per project 1,966$ 0.66$ 1,658$ 0.550$ 2,000 per project 2,954$ 0.46$ 2,483$ 0.287$ 5,000 per project 4,324$ 0.19$ 3,345$ 0.148$ 10,000 per project 5,284$ 0.15$ 4,084$ 0.115$ 25,000 per project 7,525$ $ 0.30 5,808$ $ 0.232 ^ Adjusted on July 1 annually, beginning July 1, 2021, based on the 12 month percentage change in the U.S. Bureau of Labor Statistics Consumer Price Index (CPI) (Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-Hayward area), for the most current month that data is available. I-3 : Institutional, Restrained B : Offices (High Rise) B : Medical Offices B : Offices, etc. - Complete I-2 : Institutional, Hospitals, Nursing Homes PLANNING & DEVELOPMENT - BUILDING FEES PLAN CHECK AND INSPECTION VARIABLE FEE SCHEDULES FOR NEW CONSTRUCTION Occupancy Type and Class Group A/B^Group C^ Fee Unit Base Cost Cost Per S.F. Between Thresholds Base Cost Cost Per S.F. Between Thresholds CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2020 unless otherwise noted MFS Amendment #554 (January 2020) Page 09 Proposed Plan Check & Inspection / Permit fees for New Construction, Commercial Tenant Improvements & Residential Additions Fee Tables for New Construction, Additions and Major Remodels - Plan Check continued 560 Construction Type Square Footage:2,000 per project 2,514$ 0.212$ 8,000 per project 3,787$ 0.111$ 20,000 per project 5,118$ 0.057$ 40,000 per project 6,258$ 0.044$ 100,000 per project 8,919$ $ 0.089 Square Footage:500 per project 1,553$ 0.513$ 2,000 per project 2,323$ 0.268$ 5,000 per project 3,127$ 0.138$ 10,000 per project 3,817$ 0.107$ 25,000 per project 5,426$ $ 0.217 Square Footage:2,000 per project 3,871$ 0.33$ 3,024$ 0.257$ 8,000 per project 5,855$ 0.23$ 4,564$ 0.134$ 20,000 per project 8,609$ 0.10$ 6,173$ 0.069$ 40,000 per project 10,540$ 0.08$ 7,552$ 0.054$ 100,000 per project 15,045$ $ 0.15 10,770$ $ 0.108 Square Footage:5,000 per project 4,697$ 0.16$ 20,000 per project 7,114$ 0.11$ 50,000 per project 10,469$ 0.05$ 100,000 per project 12,821$ 0.04$ 250,000 per project 18,308$ $ 0.07 Square Footage:500 per project 2,094$ 0.702$ 2,000 per project 3,147$ 0.367$ 5,000 per project 4,248$ 0.189$ 10,000 per project 5,191$ 0.147$ 25,000 per project 7,392$ $ 0.296 ^ Adjusted on July 1 annually, beginning July 1, 2021, based on the 12 month percentage change in the U.S. Bureau of Labor Statistics Consumer Price Index (CPI) (Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-Hayward area), for the most current month that data is available. R-1: Residential, Hotel, Motel (High Rise) R-2 : Residential, Multifamily (Low/Mod Rise Custom or Model Building) I-4 : Institutional, Day Care Facilities M : Mercantile R-1 : Residential, Hotel, Motel (Low/Mod Rise) Cost Per S.F. Between Thresholds Base Cost Cost Per S.F. Between Thresholds PLANNING & DEVELOPMENT - BUILDING FEES PLAN CHECK AND INSPECTION VARIABLE FEE SCHEDULES FOR NEW CONSTRUCTION Occupancy Type and Class Group A/B^Group C^ Fee Unit Base Cost CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2020 unless otherwise noted MFS Amendment #554 (January 2020) Page 10 Proposed Plan Check & Inspection / Permit fees for New Construction, Commercial Tenant Improvements & Residential Additions Fee Tables for New Construction, Additions and Major Remodels - Plan Check continued 560 Construction Type Square Footage:500 per project 1,963$ 0.656$ 2,000 per project 2,947$ 0.343$ 5,000 per project 3,976$ 0.176$ 10,000 per project 4,857$ 0.137$ 25,000 per project 6,915$ $ 0.277 Square Footage:5,000 per project 4,469$ 0.153$ 20,000 per project 6,765$ 0.080$ 50,000 per project 9,164$ 0.041$ 100,000 per project 11,221$ 0.032$ 250,000 per project 16,019$ $ 0.064 Square Footage:500 per project 2,420$ 0.816$ 2,000 per project 3,643$ 0.426$ 5,000 per project 4,922$ 0.219$ 10,000 per project 6,018$ 0.170$ 25,000 per project 8,575$ $ 0.343 Square Footage:500 per project 1,684$ 0.56$ 1,474$ 0.486$ 2,000 per project 2,524$ 0.39$ 2,203$ 0.254$ 5,000 per project 3,689$ 0.16$ 2,964$ 0.131$ 10,000 per project 4,505$ 0.13$ 3,617$ 0.102$ 25,000 per project 6,410$ $ 0.26 5,140$ $ 0.206 Square Footage:1,000 per project 1,459$ 0.24$ 1,279$ 0.209$ 4,000 per project 2,180$ 0.17$ 1,907$ 0.109$ 10,000 per project 3,182$ 0.07$ 2,562$ 0.056$ 20,000 per project 3,883$ 0.05$ 3,123$ 0.044$ 50,000 per project 5,521$ $ 0.11 4,433$ $ 0.089 ^ Adjusted on July 1 annually, beginning July 1, 2021, based on the 12 month percentage change in the U.S. Bureau of Labor Statistics Consumer Price Index (CPI) (Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-Hayward area), for the most current month that data is available. R-2 : Residential, Multifamily (Low/Mod Rise Production/Repeat Building) R-2 : Residential, Multifamily (Custom High Rise Building) S-1 : Repair Garage & Service St (Including Canopy) Occupancy Type and Class Group A/B^Group C^ Fee Unit Base Cost Cost Per S.F. Between Thresholds Base Cost S-1 : Storage, Moderate Hazard R-4 : Residential, Care/Assisted Living Facilities PLANNING & DEVELOPMENT - BUILDING FEES PLAN CHECK AND INSPECTION VARIABLE FEE SCHEDULES FOR NEW CONSTRUCTION Cost Per S.F. Between Thresholds CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2020 unless otherwise noted MFS Amendment #554 (January 2020) Page 11 Proposed Plan Check & Inspection / Permit fees for New Construction, Commercial Tenant Improvements & Residential Additions Fee Tables for New Construction, Additions and Major Remodels - Plan Check continued 560 Construction Type Square Footage:1,000 per project 1,006$ 0.16$ 885$ 0.140$ 4,000 per project 1,490$ 0.11$ 1,306$ 0.073$ 10,000 per project 2,162$ 0.05$ 1,746$ 0.038$ 20,000 per project 2,633$ 0.04$ 2,123$ 0.029$ 50,000 per project 3,733$ $ 0.07 3,002$ $ 0.060 Square Footage:2,000 per project 5,504$ 0.47$ 4,616$ 0.396$ 8,000 per project 8,344$ 0.33$ 6,989$ 0.207$ 20,000 per project 12,285$ 0.14$ 9,469$ 0.106$ 40,000 per project 15,048$ 0.11$ 11,594$ 0.083$ 100,000 per project 21,494$ $ 0.21 16,553$ $ 0.166 Square Footage:333 per project 438$ 0.601$ 667 per project 639$ 0.630$ 1,000 per project 848$ 0.270$ 1,667 per project 1,028$ 0.504$ 2,500 per project 1,448$ $ 0.579 Square Footage:1,000 per project 1,463$ 0.241$ 4,000 per project 2,187$ 0.126$ 10,000 per project 2,942$ 0.065$ 20,000 per project 3,590$ 0.050$ 50,000 per project 5,101$ $ 0.102 Square Footage:1,000 per project 479$ 0.054$ 2,000 per project 533$ 0.163$ 3,000 per project 696$ 0.109$ 5,000 per project 914$ 0.100$ 7,500 per project 1,164$ $ 0.155 ^ Adjusted on July 1 annually, beginning July 1, 2021, based on the 12 month percentage change in the U.S. Bureau of Labor Statistics Consumer Price Index (CPI) (Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-Hayward area), for the most current month that data is available. R-3 : Residential, One or Two-Family (Custom) S-2 : Storage, Low Hazard S-2 : Parking Garage U-1 : Garage, Carport SHELL : Shell Buildings, All Occupancy Types Group A/B^Group C^ Fee Unit Base Cost Cost Per S.F. Between Thresholds Base Cost Cost Per S.F. Between Thresholds PLANNING & DEVELOPMENT - BUILDING FEES PLAN CHECK AND INSPECTION VARIABLE FEE SCHEDULES FOR NEW CONSTRUCTION Occupancy Type and Class CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2020 unless otherwise noted MFS Amendment #554 (January 2020) Page 12 Proposed Plan Check & Inspection / Permit fees for New Construction, Commercial Tenant Improvements & Residential Additions Fee Tables for New Construction, Additions and Major Remodels - Plan Check continued 560 Construction Type Square Footage:1,000 per project 499$ 0.053$ 2,000 per project 552$ 0.160$ 3,000 per project 712$ 0.107$ 5,000 per project 926$ 0.098$ 7,500 per project 1,172$ $ 0.156 Square Footage:1,000 per project 29$ 0.004$ 2,000 per project 32$ 0.011$ 3,000 per project 44$ 0.007$ 5,000 per project 58$ 0.007$ 7,500 per project 75$ $ 0.010 Square Footage:167 per project 205$ 0.117$ 333 per project 225$ 0.348$ 500 per project 283$ 0.233$ 833 per project 360$ 0.214$ 1,250 per project 449$ $ 0.359 Square Footage:300 per project 1,306$ 0.712$ 1,200 per project 1,947$ 0.372$ 3,000 per project 2,616$ 0.191$ 6,000 per project 3,190$ 0.149$ 15,000 per project 4,529$ $ 0.302 Square Footage:500 per project 1,148$ 0.372$ 2,000 per project 1,706$ 0.194$ 5,000 per project 2,290$ 0.100$ 10,000 per project 2,790$ 0.078$ 25,000 per project 3,956$ $ 0.158 ^ Adjusted on July 1 annually, beginning July 1, 2021, based on the 12 month percentage change in the U.S. Bureau of Labor Statistics Consumer Price Index (CPI) (Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-Hayward area), for the most current month that data is available. CALT-A : Comm. Alteration - All Other A Occupancies R-3 : Residential, One or Two-Family (Master Plan) R-3 : Residential, One or Two-Family (Production/Repeat/Standard Plan Infill) R-Addition : Residential - Room Addition CALT-A : Comm. Alteration - Restaurants PLANNING & DEVELOPMENT - BUILDING FEES PLAN CHECK AND INSPECTION VARIABLE FEE SCHEDULES FOR NEW CONSTRUCTION Occupancy Type and Class Group A/B^Group C^ Fee Unit Base Cost Cost Per S.F. Between Thresholds Base Cost Cost Per S.F. Between Thresholds CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2020 unless otherwise noted MFS Amendment #554 (January 2020) Page 13 Proposed Plan Check & Inspection / Permit fees for New Construction, Commercial Tenant Improvements & Residential Additions Fee Tables for New Construction, Additions and Major Remodels - Plan Check continued 560 Construction Type Square Footage:500 per project 1,038$ 0.334$ 2,000 per project 1,538$ 0.174$ 5,000 per project 2,061$ 0.090$ 10,000 per project 2,509$ 0.070$ 25,000 per project 3,555$ $ 0.142 Square Footage:500 per project 1,301$ 0.425$ 2,000 per project 1,939$ 0.222$ 5,000 per project 2,605$ 0.114$ 10,000 per project 3,177$ 0.089$ 25,000 per project 4,510$ $ 0.180 Square Footage:500 per project 1,038$ 0.334$ 2,000 per project 1,538$ 0.174$ 5,000 per project 2,061$ 0.090$ 10,000 per project 2,509$ 0.070$ 25,000 per project 3,555$ $ 0.142 Square Footage:500 per project 1,101$ 0.356$ 2,000 per project 1,634$ 0.186$ 5,000 per project 2,192$ 0.096$ 10,000 per project 2,670$ 0.074$ 25,000 per project 3,784$ $ 0.151 ^ Adjusted on July 1 annually, beginning July 1, 2021, based on the 12 month percentage change in the U.S. Bureau of Labor Statistics Consumer Price Index (CPI) (Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-Hayward area), for the most current month that data is available. CALT-B : Comm. Alteration - Offices/Business CALT-B : Comm. Alteration - Medical Offices CALT-M : Comm. Alteration - Mercantile CALT : Comm. Alteration - All Other Occupancy Types PLANNING & DEVELOPMENT - BUILDING FEES PLAN CHECK AND INSPECTION VARIABLE FEE SCHEDULES FOR NEW CONSTRUCTION Occupancy Type and Class Group A/B^Group C^ Fee Unit Base Cost Cost Per S.F. Between Thresholds Base Cost Cost Per S.F. Between Thresholds CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2020 unless otherwise noted MFS Amendment #554 (January 2020) Page 14 Proposed Plan Check & Inspection / Permit fees for New Construction, Commercial Tenant Improvements & Residential Additions Fee Tables for New Construction, Additions and Major Remodels - Inspection 560 Construction Type Square Footage:1,000 per project 2,193$ 0.068$ 4,000 per project 2,396$ 0.294$ 10,000 per project 4,162$ 0.122$ 20,000 per project 5,380$ 0.134$ 50,000 per project 9,400$ $ 0.188 Square Footage:1,000 per project 2,187$ 0.067$ 4,000 per project 2,389$ 0.294$ 10,000 per project 4,150$ 0.121$ 20,000 per project 5,365$ 0.134$ 50,000 per project 9,374$ $ 0.187 Square Footage:750 per project 1,449$ 0.107$ 2,000 per project 1,584$ 0.389$ 5,000 per project 2,751$ 0.161$ 10,000 per project 3,556$ 0.177$ 25,000 per project 6,213$ $ 0.249 Square Footage:1,000 per project 2,218$ 0.068$ 4,000 per project 2,423$ 0.298$ 10,000 per project 4,210$ 0.123$ 20,000 per project 5,442$ 0.136$ 50,000 per project 9,508$ $ 0.190 Square Footage:1,000 per project 1,843$ 0.057$ 4,000 per project 2,014$ 0.247$ 10,000 per project 3,498$ 0.102$ 20,000 per project 4,522$ 0.113$ 50,000 per project 7,901$ $ 0.158 ^ Adjusted on July 1 annually, beginning July 1, 2021, based on the 12 month percentage change in the U.S. Bureau of Labor Statistics Consumer Price Index (CPI) (Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-Hayward area), for the most current month that data is available. A-1 : Assembly, Theatres, with Stage A-1 : Assembly, Theatres, without Stage A-2 : Assembly, Nightclubs, Bars, Restaurants, Banquet Halls A-3 : Assembly, Churches and Religious Buildings A-3 : Assembly, General, Community Halls, Libraries, Museums PLANNING & DEVELOPMENT - BUILDING FEES PLAN CHECK AND INSPECTION VARIABLE FEE SCHEDULES FOR NEW CONSTRUCTION Occupancy Type and Class Group A/B^Group C^ Base Cost Cost Per S.F. Between Thresholds Base Cost Cost Per S.F. Between Thresholds Fee Unit CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2020 unless otherwise noted MFS Amendment #554 (January 2020) Page 15 Proposed Plan Check & Inspection / Permit fees for New Construction, Commercial Tenant Improvements & Residential Additions Fee Tables for New Construction, Additions and Major Remodels - Inspection continued 560 Construction Type Square Footage:2,000 per project 2,611$ 0.040$ 8,000 per project 2,853$ 0.175$ 20,000 per project 4,957$ 0.073$ 40,000 per project 6,407$ 0.080$ 100,000 per project 11,195$ $ 0.112 Square Footage:2,000 per project 2,280$ 0.035$ 8,000 per project 2,491$ 0.153$ 20,000 per project 4,328$ 0.063$ 40,000 per project 5,595$ 0.070$ 100,000 per project 9,775$ $ 0.098 Square Footage:1,000 per project 2,054$ 0.061$ 1,718$ 0.053$ 4,000 per project 2,236$ 0.334$ 1,877$ 0.231$ 10,000 per project 4,239$ 0.124$ 3,261$ 0.095$ 20,000 per project 5,480$ 0.136$ 4,215$ 0.105$ 50,000 per project 9,574$ $ 0.191 7,365$ $ 0.147 Square Footage:500 per project 2,024$ 0.120$ 1,693$ 0.105$ 2,000 per project 2,204$ 0.658$ 1,850$ 0.455$ 5,000 per project 4,178$ 0.244$ 3,214$ 0.188$ 10,000 per project 5,400$ 0.269$ 4,154$ 0.207$ 25,000 per project 9,434$ $ 0.377 7,258$ $ 0.290 Square Footage:1,000 per project 1,312$ 0.040$ 4,000 per project 1,433$ 0.176$ 10,000 per project 2,490$ 0.073$ 20,000 per project 3,219$ 0.080$ 50,000 per project 5,624$ $ 0.112 ^ Adjusted on July 1 annually, beginning July 1, 2021, based on the 12 month percentage change in the U.S. Bureau of Labor Statistics Consumer Price Index (CPI) (Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-Hayward area), for the most current month that data is available. A-4 / A-5 : Assembly, Arenas E : Educational Building F-1 / F-2 : Factory and Industrial (Low and Moderate Hazard) H : All H Occupancies I-1 : Institutional, Supervised Environment PLANNING & DEVELOPMENT - BUILDING FEES PLAN CHECK AND INSPECTION VARIABLE FEE SCHEDULES FOR NEW CONSTRUCTION Occupancy Type and Class Group A/B^Group C^ Fee Unit Base Cost Cost Per S.F. Between Thresholds Base Cost Cost Per S.F. Between Thresholds CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2020 unless otherwise noted MFS Amendment #554 (January 2020) Page 16 Proposed Plan Check & Inspection / Permit fees for New Construction, Commercial Tenant Improvements & Residential Additions Fee Tables for New Construction, Additions and Major Remodels - Inspection continued 560 Construction Type Square Footage:1,000 per project 768$ 0.024$ 4,000 per project 840$ 0.103$ 10,000 per project 1,459$ 0.043$ 20,000 per project 1,885$ 0.047$ 50,000 per project 3,294$ $ 0.066 Square Footage:5,000 per project 1,050$ 0.006$ 20,000 per project 1,147$ 0.028$ 50,000 per project 1,992$ 0.012$ 100,000 per project 2,575$ 0.013$ 250,000 per project 4,499$ $ 0.018 Square Footage:500 per project 1,473$ 0.087$ 1,281$ 0.079$ 2,000 per project 1,603$ 0.479$ 1,399$ 0.344$ 5,000 per project 3,039$ 0.178$ 2,431$ 0.142$ 10,000 per project 3,929$ 0.196$ 3,142$ 0.157$ 25,000 per project 6,863$ $ 0.275 5,490$ $ 0.220 Square Footage:5,000 per project 7,654$ 0.045$ 20,000 per project 8,332$ 0.249$ 50,000 per project 15,795$ 0.092$ 100,000 per project 20,417$ 0.102$ 250,000 per project 35,670$ $ 0.143 Square Footage:500 per project 1,778$ 0.105$ 1,487$ 0.092$ 2,000 per project 1,935$ 0.578$ 1,625$ 0.399$ 5,000 per project 3,669$ 0.215$ 2,822$ 0.165$ 10,000 per project 4,743$ 0.236$ 3,648$ 0.182$ 25,000 per project 8,285$ $ 0.331 6,374$ $ 0.255 ^ Adjusted on July 1 annually, beginning July 1, 2021, based on the 12 month percentage change in the U.S. Bureau of Labor Statistics Consumer Price Index (CPI) (Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-Hayward area), for the most current month that data is available. PLAN CHECK AND INSPECTION VARIABLE FEE SCHEDULES FOR NEW CONSTRUCTION Occupancy Type and Class Group A/B^Group C^ Fee Unit Base Cost Cost Per S.F. Between Thresholds Base Cost Cost Per S.F. Between Thresholds I-2 : Institutional, Hospitals, Nursing Homes I-3 : Institutional, Restrained B : Offices, etc. - Complete B : Offices (High Rise) B : Medical Offices PLANNING & DEVELOPMENT - BUILDING FEES CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2020 unless otherwise noted MFS Amendment #554 (January 2020) Page 17 Proposed Plan Check & Inspection / Permit fees for New Construction, Commercial Tenant Improvements & Residential Additions Fee Tables for New Construction, Additions and Major Remodels - Inspection continued 560 Construction Type Square Footage:2,000 per project 2,680$ 0.041$ 8,000 per project 2,928$ 0.180$ 20,000 per project 5,087$ 0.074$ 40,000 per project 6,576$ 0.082$ 100,000 per project 11,489$ $ 0.115 Square Footage:500 per project 1,237$ 0.076$ 2,000 per project 1,351$ 0.332$ 5,000 per project 2,348$ 0.137$ 10,000 per project 3,035$ 0.151$ 25,000 per project 5,303$ $ 0.212 Square Footage:2,000 per project 6,637$ 0.098$ 5,154$ 0.080$ 8,000 per project 7,225$ 0.539$ 5,631$ 0.346$ 20,000 per project 13,696$ 0.200$ 9,783$ 0.143$ 40,000 per project 17,704$ 0.220$ 12,646$ 0.157$ 100,000 per project 30,930$ $ 0.309 22,095$ $ 0.221 Square Footage:5,000 per project 9,470$ 0.056$ 20,000 per project 10,309$ 0.308$ 50,000 per project 19,542$ 0.114$ 100,000 per project 25,261$ 0.126$ 250,000 per project 44,132$ $ 0.177 Square Footage:500 per project 3,748$ 0.231$ 2,000 per project 4,095$ 1.006$ 5,000 per project 7,115$ 0.416$ 10,000 per project 9,197$ 0.458$ 25,000 per project 16,069$ $ 0.643 ^ Adjusted on July 1 annually, beginning July 1, 2021, based on the 12 month percentage change in the U.S. Bureau of Labor Statistics Consumer Price Index (CPI) (Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-Hayward area), for the most current month that data is available. Group A/B^Group C^ Fee Unit Base Cost Cost Per S.F. Between Thresholds Base Cost Cost Per S.F. Between Thresholds I-4 : Institutional, Day Care Facilities M : Mercantile R-1 : Residential, Hotel, Motel (Low/Mod Rise) R-1: Residential, Hotel, Motel (High Rise) R-2 : Residential, Multifamily (Low/Mod Rise Custom or Model Building) PLANNING & DEVELOPMENT - BUILDING FEES PLAN CHECK AND INSPECTION VARIABLE FEE SCHEDULES FOR NEW CONSTRUCTION Occupancy Type and Class CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2020 unless otherwise noted MFS Amendment #554 (January 2020) Page 18 Proposed Plan Check & Inspection / Permit fees for New Construction, Commercial Tenant Improvements & Residential Additions Fee Tables for New Construction, Additions and Major Remodels - Inspection continued 560 Construction Type Square Footage:500 per project 2,861$ 0.177$ 2,000 per project 3,126$ 0.768$ 5,000 per project 5,431$ 0.318$ 10,000 per project 7,021$ 0.350$ 25,000 per project 12,266$ $ 0.491 Square Footage:5,000 per project 10,008$ 0.062$ 20,000 per project 10,935$ 0.269$ 50,000 per project 18,997$ 0.111$ 100,000 per project 24,557$ 0.122$ 250,000 per project 42,905$ $ 0.172 Square Footage:500 per project 2,280$ 0.141$ 2,000 per project 2,491$ 0.612$ 5,000 per project 4,328$ 0.253$ 10,000 per project 5,595$ 0.279$ 25,000 per project 9,775$ $ 0.391 Square Footage:500 per project 1,465$ 0.087$ 1,274$ 0.079$ 2,000 per project 1,595$ 0.476$ 1,392$ 0.342$ 5,000 per project 3,024$ 0.177$ 2,419$ 0.142$ 10,000 per project 3,909$ 0.195$ 3,127$ 0.156$ 25,000 per project 6,829$ $ 0.273 5,464$ $ 0.219 Square Footage:1,000 per project 1,415$ 0.042$ 1,231$ 0.038$ 4,000 per project 1,541$ 0.230$ 1,345$ 0.165$ 10,000 per project 2,921$ 0.085$ 2,336$ 0.068$ 20,000 per project 3,775$ 0.094$ 3,020$ 0.075$ 50,000 per project 6,596$ $ 0.132 5,276$ $ 0.106 ^ Adjusted on July 1 annually, beginning July 1, 2021, based on the 12 month percentage change in the U.S. Bureau of Labor Statistics Consumer Price Index (CPI) (Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-Hayward area), for the most current month that data is available. Fee Unit Base Cost Cost Per S.F. Between Thresholds Base Cost Cost Per S.F. Between Thresholds R-2 : Residential, Multifamily (Low/Mod Rise Production/Repeat Building) R-2 : Residential, Multifamily (Custom High Rise Building) R-4 : Residential, Care/Assisted Living Facilities S-1 : Repair Garage & Service St (Including Canopy) S-1 : Storage, Moderate Hazard PLANNING & DEVELOPMENT - BUILDING FEES PLAN CHECK AND INSPECTION VARIABLE FEE SCHEDULES FOR NEW CONSTRUCTION Occupancy Type and Class Group A/B^Group C^ CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2020 unless otherwise noted MFS Amendment #554 (January 2020) Page 19 Proposed Plan Check & Inspection / Permit fees for New Construction, Commercial Tenant Improvements & Residential Additions Fee Tables for New Construction, Additions and Major Remodels - Inspection continued 560 Construction Type Square Footage:1,000 per project 1,307$ 0.039$ 1,137$ 0.035$ 4,000 per project 1,423$ 0.212$ 1,242$ 0.153$ 10,000 per project 2,698$ 0.079$ 2,158$ 0.063$ 20,000 per project 3,487$ 0.087$ 2,790$ 0.069$ 50,000 per project 6,092$ $ 0.122 4,874$ $ 0.097 Square Footage:2,000 per project 3,504$ 0.052$ 2,930$ 0.045$ 8,000 per project 3,814$ 0.285$ 3,201$ 0.197$ 20,000 per project 7,230$ 0.106$ 5,561$ 0.081$ 40,000 per project 9,346$ 0.116$ 7,189$ 0.090$ 100,000 per project 16,327$ $ 0.163 12,561$ $ 0.126 U-1 : Garage, Carport Square Footage:333 per project 206$ 0.057$ 667 per project 225$ 0.499$ 1,000 per project 391$ 0.172$ 1,667 per project 506$ 0.454$ 2,500 per project 884$ $ 0.354 Square Footage:1,000 per project 1,124$ 0.035$ 4,000 per project 1,229$ 0.151$ 10,000 per project 2,134$ 0.062$ 20,000 per project 2,759$ 0.069$ 50,000 per project 4,821$ $ 0.096 Square Footage:1,000 per project 1,553$ 0.107$ 2,000 per project 1,660$ 0.296$ 3,000 per project 1,957$ 0.196$ 5,000 per project 2,348$ 0.337$ 7,500 per project 3,190$ $ 0.425 ^ Adjusted on July 1 annually, beginning July 1, 2021, based on the 12 month percentage change in the U.S. Bureau of Labor Statistics Consumer Price Index (CPI) (Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-Hayward area), for the most current month that data is available. S-2 : Storage, Low Hazard S-2 : Parking Garage SHELL : Shell Buildings, All Occupancy Types R-3 : Residential, One or Two-Family (Custom) Occupancy Type and Class Group A/B^Group C^ Fee Unit Base Cost Cost Per S.F. Between Thresholds Base Cost Cost Per S.F. Between Thresholds PLANNING & DEVELOPMENT - BUILDING FEES PLAN CHECK AND INSPECTION VARIABLE FEE SCHEDULES FOR NEW CONSTRUCTION CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2020 unless otherwise noted MFS Amendment #554 (January 2020) Page 20 Proposed Plan Check & Inspection / Permit fees for New Construction, Commercial Tenant Improvements & Residential Additions Fee Tables for New Construction, Additions and Major Remodels - Inspection continued 560 Construction Type Square Footage:1,000 per project 1,054$ 0.072$ 2,000 per project 1,127$ 0.201$ 3,000 per project 1,328$ 0.133$ 5,000 per project 1,594$ 0.229$ 7,500 per project 2,165$ $ 0.289 Square Footage:167 per project 706$ 0.292$ 333 per project 755$ 0.807$ 500 per project 889$ 0.534$ 833 per project 1,067$ 0.918$ 1,250 per project 1,450$ $ 1.160 Square Footage:300 per project 1,274$ 0.131$ 1,200 per project 1,392$ 0.570$ 3,000 per project 2,419$ 0.236$ 6,000 per project 3,127$ 0.260$ 15,000 per project 5,464$ $ 0.364 Square Footage:500 per project 1,050$ 0.065$ 2,000 per project 1,147$ 0.282$ 5,000 per project 1,992$ 0.117$ 10,000 per project 2,575$ 0.128$ 25,000 per project 4,499$ $ 0.180 Square Footage:500 per project 1,050$ 0.065$ 2,000 per project 1,147$ 0.282$ 5,000 per project 1,992$ 0.117$ 10,000 per project 2,575$ 0.128$ 25,000 per project 4,499$ $ 0.180 ^ Adjusted on July 1 annually, beginning July 1, 2021, based on the 12 month percentage change in the U.S. Bureau of Labor Statistics Consumer Price Index (CPI) (Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-Hayward area), for the most current month that data is available. R-Addition : Residential - Room Addition CALT-A : Comm. Alteration - Restaurants CALT-B : Comm. Alteration - Offices/Business R-3 : Residential, One or Two-Family (Production/Repeat/Standard Plan Infill) Cost Per S.F. Between Thresholds PLANNING & DEVELOPMENT - BUILDING FEES PLAN CHECK AND INSPECTION VARIABLE FEE SCHEDULES FOR NEW CONSTRUCTION Occupancy Type and Class Group A/B^Group C^ Fee Unit Base Cost Cost Per S.F. Between Thresholds Base Cost CALT-A : Comm. Alteration - All Other A Occupancies CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2020 unless otherwise noted MFS Amendment #554 (January 2020) Page 21 Proposed Plan Check & Inspection / Permit fees for New Construction, Commercial Tenant Improvements & Residential Additions Fee Tables for New Construction, Additions and Major Remodels - Inspection continued 560 Construction Type Square Footage:500 per project 1,174$ 0.072$ 2,000 per project 1,283$ 0.315$ 5,000 per project 2,229$ 0.130$ 10,000 per project 2,882$ 0.144$ 25,000 per project 5,035$ $ 0.201 Square Footage:500 per project 1,156$ 0.071$ 2,000 per project 1,263$ 0.310$ 5,000 per project 2,194$ 0.128$ 10,000 per project 2,836$ 0.141$ 25,000 per project 4,955$ $ 0.198 Square Footage:500 per project 1,137$ 0.070$ 2,000 per project 1,242$ 0.305$ 5,000 per project 2,158$ 0.126$ 10,000 per project 2,790$ 0.139$ 25,000 per project 4,874$ $ 0.195 ^ Adjusted on July 1 annually, beginning July 1, 2021, based on the 12 month percentage change in the U.S. Bureau of Labor Statistics Consumer Price Index (CPI) (Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-Hayward area), for the most current month that data is available. CALT-M : Comm. Alteration - Mercantile CALT : Comm. Alteration - All Other Occupancy Types CALT-B : Comm. Alteration - Medical Offices PLANNING & DEVELOPMENT - BUILDING FEES PLAN CHECK AND INSPECTION VARIABLE FEE SCHEDULES FOR NEW CONSTRUCTION Occupancy Type and Class Group A/B^Group C^ Fee Unit Base Cost Cost Per S.F. Between Thresholds Base Cost Cost Per S.F. Between Thresholds CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2020 unless otherwise noted MFS Amendment #554 (January 2020) Page 22 MISCELLANEOUS ITEMS, including RESIDENTIAL REMODELS & MINOR ALTERATIONS Proposed REMODELS & MINOR ALTERATIONS are listed in the following table. Note: Also see Planning and Development Section of Fire Department Fees for Fire Related Plan Check and Permit/Inspection Fees Fee Description & Unit/Time Plan Check Fee $^ Inspect Fee $^Amnd 552 Application Pre-Inspection 54.00 Cellular/Mobile Phone, w/o Equipment Shelter 598.00 557.00 Cellular Tower with Equipment Shelter 798.00 783.00 Change of Occupancy Inspection 27.00 1,079.00 Deck / Patio (non-engineered)190.00 213.00 Deck / Patio (engineered)535.00 213.00 Demolition - Residential 82.00 154.00 Demolition - MultiFamily/Commercial 82.00 178.00 Fence or Wall (wood, chain link, wrought iron) >6 feet in height, 1st 100 lf 190.00 142.00 Each additional 100 lf 0.00 142.00 Fence or Freestanding Wall (masonry / garden) City Standard, 1st 100 l.f.136.00 261.00 Each additional 100 lf 0.00 202.00 Engineered Wall, 1st 100 lf 190.00 213.00 Each additional 100 lf 0.00 83.00 Flag pole (greater than 6 feet in height)190.00 83.00 Grading (Cut and Fill) - Plan Check + As-Grade 0-100 Cubic Yards (Cut or Fill - whichever is greater)525.00 N/A 101-1,000 CY 634.00 N/A 1,001-10,000 CY 770.00 N/A 10,001 CY and over 933.00 N/A Residential Remodel first 500 s.f.182.00 391.00 each additional 500 s.f.0.00 166.00 Partition - Commercial, Interior (first 30 l.f.)190.00 107.00 each add'l. 30 l.f.0.00 83.00 Photovoltaic Systems Residential First 15kW 136.00 130.00 Ea. Add'l kW 9.00 Commercial First 50 kW 381.00 356.00 Ea. Add'l kW up to 250 kW 0.27 2.37 Ea. Add'l kW over 250 kW 0.37 1.19 Stucco / Siding Applications - each 27.00 178.00 ^ Adjusted on July 1 annually, beginning July 1, 2021, based on the 12 month percentage change in the U.S. Bureau of Labor Statistics Consumer Price Index (CPI) (Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-Hayward area), for the most current month that data is available. PLANNING & DEVELOPMENT - BUILDING FEES 560 CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2020 unless otherwise noted MFS Amendment #554 (January 2020) Page 23 MISCELLANEOUS ITEMS, including RESIDENTIAL REMODELS & MINOR ALTERATIONS Proposed REMODELS & MINOR ALTERATIONS are listed in the following table. Note: Also see Planning and Development Section of Fire Department Fees for Fire Related Plan Check and Permit/Inspection Fees Fee Description & Unit/Time continued Plan Check Fee $^ Inspect Fee $^Amnd 552 Relocated Building (within City limits)82.00 498.00 Residential Tract Update Review 327.00 N/A Retaining Wall (concrete or masonry) First 50 lf 190.00 154.00 Each additional 50 lf 0.00 24.00 Re-roofing Composition - no tear off 82.00 47.00 Other roofs (first 10 squares)82.00 83.00 Each additional 10 squares 0.00 24.00 Signs with electric 90.00 107.00 without electric 145.00 71.00 Storage Racks <8 ft, first 100 lf 109.00 83.00 each add'l. 100 lf 27.00 59.00 8 - 12 ft, first 100 lf 109.00 166.00 8 - 12 ft, ea add'l. 100 lf 27.00 95.00 >12 ft, first 100 lf 109.00 202.00 >12 ft, ea. Add'l 100 lf 27.00 119.00 Swimming Pool / Spa - Residential 82.00 308.00 Swimming Pool - Standard Plan - Residential 136.00 N/A Swimming Pool - Standard Plan - Commercial 163.00 N/A Swimming Pool - Other - Commercial 109.00 308.00 ^ Adjusted on July 1 annually, beginning July 1, 2021, based on the 12 month percentage change in the U.S. Bureau of Labor Statistics Consumer Price Index (CPI) (Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-Hayward area), for the most current month that data is available. PLANNING & DEVELOPMENT - BUILDING FEES 560 CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2020 unless otherwise noted MFS Amendment #554 (January 2020) Page 24 MISCELLANEOUS ITEMS, including RESIDENTIAL REMODELS & MINOR ALTERATIONS REMODELS & MINOR ALTERATIONS are listed in the following table. Note: Also see Planning and Development Section of Fire Department Fees for Fire Related Plan Check and Permit/Inspection Fees OTHER FEES related to MISCELLANEOUS ITEMS are as follows: Fee Description & Unit/Time Current Proposed Amnd Addendum to Approved Building Construction Plans 552 Minimum Hour, 1-hour minimum 163.00 hr*^ Appeals 552 Applications for Building Comission, Joint Advisory and Appeals Board Manager Hour, 1-hour minimum 109.00 hr*^ Bluff Preservation Soils Report Review 552 Hour, 1-hour minimum 218.00 hr*^ California Building Standards Commision Permit Surcharge 480 Per Permit Valuation 1 - 25,000 1.00 25,001 - 50,000 2.00 50,001 - 75,000 3.00 75,001 - 100,000 4.00 Every 25,000 or fraction thereof above 100,001 Add 1.00 Consulting/Inspection Services--Special 552 Services requested by applicant shall be over and above regular fees During regular business hours. Hour, 1-hour minimum 146.00 hr*^ Other than regular business hours (except Sundays and holidays) Hour, 1-hour minimum 166.00 hr*^ Inspection or consulting service not otherwise listed Hour, 1-hour minimum 146.00 hr*^ County Facilities Impact Fee paid to County per County Ordinance 505 Fire Fees (for Fire Protection Systems and See Fire Dept Fees 505 related Permits/ Inspections/Reports) Fire Fees (for Building related Plan Check See Planning and Development 505 and Permit/Inspection Fees)Section of Fire Department Fees Grading Plan Check and Permit** per Miscellaneous fee table 505 ^ Adjusted on July 1 annually, beginning July 1, 2021, based on the 12 month percentage change in the U.S. Bureau of Labor Statistics Consumer Price Index (CPI) (Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-Hayward area), for the most current month that data is available. PLANNING & DEVELOPMENT - BUILDING FEES 560 560 560 560 CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2020 unless otherwise noted MFS Amendment #554 (January 2020) Page 25 OTHER FEES related to MISCELLANEOUS ITEMS are as follows: Fee Description & Unit/Time Current Proposed Amnd General Plan and Related Document Update and Maintenance 552 Surcharge on all Building Permits 12.83% Occupancy 552 Certificate of Occupancy / each (Multifamily/Commercial only)53.50 54.00^ Change of occupancy / per application**per Miscellaneous fee table Change of occupancy (Fire) / per application See Fire Dept Fees Temporary Occupancy Cash deposit to guaranty completion Deposit determined by Director/Designee Inspection and processing / per application 54.00^ Paving Replacement Permit 54.00^552 Penalty 505 A surcharge will be added for complex/incomplete plans hrly rate*^ Incorrect address/location given by applicant / per trip)53.50 54.00^ Premature inspection all (work not ready) / per trip 53.50 54.00^ Reinspection other than entitled calls / per trip 80.30 80.00^ Working without required permit / per permit fee 4 times (max.) Relocation/Moving of Building**552 Application and Preinspection for moving building Per Miscellaneous fee table Bond handling fee / per bond 109.00^ Bond Requirements Performance bond-owner Determined by Director/Designee Building permit (subsequent to relocation) Hour, 1-hour minimum 109.00 hr*^ Notice of Intent to Relocate Gas shut-off Set by P.G.& E. Notice of Intent to Relocate Water shut-off ok - Coordinate through Planning Division Plumbing permit, sewer cap or septic tank Per MP&E table ^ Adjusted on July 1 annually, beginning July 1, 2021, based on the 12 month percentage change in the U.S. Bureau of Labor Statistics Consumer Price Index (CPI) (Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-Hayward area), for the most current month that data is available. PLANNING & DEVELOPMENT - BUILDING FEES 560 560 560 560 CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2020 unless otherwise noted MFS Amendment #554 (January 2020) Page 26 OTHER FEES related to MISCELLANEOUS ITEMS are as follows: Fee Description & Unit/Time Current Proposed Amnd Relocation/Moving of Building** - continued 505 Street use/housemoving 54.00^ No-fee written approval any or all Coordinate approvals City General Services Department through Planning City Fire Department Division City Parks and Recreation " City Police Department " City Traffic Engineer " County Engineering Department " Pacific Telephone " Renewals - Permits and Plan Checks 552 Building permit renewal of expired permit Standard fee 25% Minimum 54.00^ Plan check renewal of expired plan check Standard fee 25% Minimum 54.00^ Scanning Plans 505 8 ½"x11" / per sheet 0.90 Greater than 8 1/2"x11"/ per sheet 1.80 Seismic Fee (Strong--Motion Instrumentation Seismic motion fees are established 505 and Seismic Hazard Mapping Fee)by the Dept. of Conservation, State of California, and are subject to periodic change. Signs (other than those listed in fee table)552 Banner permit / per permit 93.00^ Zoning review See Sign section under Covenenants and Special Agreements Technology - Entitlement Processing System Update 552 Surcharge on all Building Permits 19.00^ Temporary Event Structure Permit and Inpsection / per hour 119.00^560 (i.e. tents, stages, etc.) Workers' Compensation Insurance Verification 552 Per transaction 27.00 * The blended rate for the Building Division (includes fringe and overhead) is $119.00^ per hour or is the actual hourly of a consultant, if utilized; plus actual extraordinary expenses in either case. ** Permit fees will be reduced by 50 percent for the inner-city areas and limited to inner-city residential use properties only for Inner City-Highway City, Inner City-Pinedale, and Inner City-Herndon Townsite areas. Fees for relocation within or to an Inner City area will be reduced by 50 percent ^ Adjusted on July 1 annually, beginning July 1, 2021, based on the 12 month percentage change in the U.S. Bureau of Labor Statistics Consumer Price Index (CPI) (Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-Hayward area), for the most current month that data is available. PLANNING & DEVELOPMENT - BUILDING FEES 560 560 560 CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2020 unless otherwise noted MFS Amendment #554 (January 2020) Page 27 MECHANICAL PLUMBING AND ELECTRICAL - STAND ALONE PROJECTS Proposed • At the discretion of the Development Director/Designee, fee rates may be adjusted, when special circumstances are found to exist, to reflect the actual cost of processing. • For all building services not listed in the building sections or for services determined by the City Building Official to be beyond the regular effort established in this fee schedule, a $119.00^ blended hourly rate applies. Plan Check & Inspection/Permit Fees for MECHANICAL, PLUMBING AND ELECTRICAL Stand Alone Projects are listed in the following table Note: Also see Planning and Development Section of Fire Department Fees for Fire Related Plan Check and Permit/Inspection Fees Fee Description & Unit/Time Plan Check Fee $ ^ PlanCheck Fee $ ^Amnd Note: An Administrative Permit Issuance fee will be charged on all projects in the below table. Any Plan Check Services required on the below projects will be billed at the ADMINISTRATIVE (BASE) FEES 552 Permit Issuance - All projects 22.00$ SIMPLE M,P,E SINGLE OR COMBINATION PERMITS -$ 59.00$ 89.00 Simple Mechanical Items: -$ 59.00$ 89.00 Air-handling unit, including attached ducts.-$ 59.00$ 89.00 Air-handling unit over 10,000 CFM -$ 59.00$ 89.00 Evaporative cooler -$ 59.00$ 89.00 Ventilation fan connected to a single duct -$ 59.00$ 89.00 Ventilation system (not a portion of heating or a/c system)-$ 59.00$ 89.00 Hood and duct system.-$ 59.00$ 89.00 Other Misc. appliances or equipment.-$ 59.00$ 89.00 Simple Plumbing Items: Plumbing fixtures -$ 59.00$ 89.00 Building sewer -$ 59.00$ 89.00 Rainwater systems (per drain)-$ 59.00$ 89.00 Water Heater -$ 59.00$ 89.00 Industrial waste pretreatment interceptor -$ 59.00$ 89.00 Water piping and/or water treating equipment (each)-$ 59.00$ 89.00 Repair or alteration of drainage or vent piping, each fixture -$ 59.00$ 89.00 Each lawn sprinkler system on any one meter - [deleted]-$ 59.00$ 89.00 Backflow devices each unit -$ 59.00$ 89.00 Atmospheric-type vacuum breakers -$ 59.00$ 89.00 ^ Adjusted on July 1 annually, beginning July 1, 2021, based on the 12 month percentage change in the U.S. Bureau of Labor Statistics Consumer Price Index (CPI) (Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-Hayward area), for the most current month that data is available. PLANNING & DEVELOPMENT - BUILDING FEES Note: Includes any item or combination of items on the lists below for Mechanical, Plumbing, and Electrical Addition to each heating appliance, refrigeration unit, cooling unit, absorption unit, or each heating, cooling, absorption, or evaporative cooling system. 560 CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2020 unless otherwise noted MFS Amendment #554 (January 2020) Page 28 MECHANICAL PLUMBING AND ELECTRICAL - STAND ALONE PROJECTS Plan Check & Inspection/Permit Fees for MECHANICAL, PLUMBING AND ELECTRICAL Stand Alone Projects are listed in the following table Note: Also see Planning and Development Section of Fire Department Fees for Fire Related Plan Check and Permit/Inspection Fees Fee Description & Unit/Time Plan Check Fee$^ PlanCheck Fee $^Amnd 552 Simple Electrical Items - Systems:-$ 59.00$ 89.00 Residential swimming Pools -$ 59.00$ 89.00 Temporary Power Service -$ 59.00$ 89.00 Temporary power pole.-$ 59.00$ 89.00 Sub poles (each).-$ 59.00$ 89.00 Simple Electricial Items - Units:-$ 59.00$ 89.00 Receptacle, Switch, and Lighting Outlets (per project)-$ 59.00$ 89.00 Lighting Fixtures (per project)-$ 59.00$ 89.00 Pole or platform-mounted lighting fixtures (each)-$ 59.00$ 89.00 Theatrical-type lighting fixtures or assemblies (each)-$ 59.00$ 89.00 Residential Appliances (each)-$ 59.00$ 89.00 -$ 59.00$ 89.00 -$ 59.00$ 89.00 Busways -$ 59.00$ 89.00 -$ 59.00$ 89.00 -$ 59.00$ 89.00 Signs, Outline Lighting, and Marquees -$ 59.00$ 89.00 -$ 59.00$ 89.00 -$ 59.00$ 89.00 -$ 59.00$ 89.00 Miscellaneous Apparatus, Conduits, and Conductors -$ 59.00$ 89.00 -$ 59.00$ 89.00 Residential Photovotaic Systems - each -$ 59.00$ 89.00 ^ Adjusted on July 1 annually, beginning July 1, 2021, based on the 12 month percentage change in the U.S. Bureau of Labor Statistics Consumer Price Index (CPI) (Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-Hayward area), for the most current month that data is available. (An additional fee will be required for lighting fixtures, motors, and other appliances that are connected to trolley and plug-in- type busways. No fee is required for portable tools.) PLANNING & DEVELOPMENT - BUILDING FEES Services of 600 volts or less and not over 400 amperes in rating (each) Electrical apparatus, conduits, and conductors for which a permit is required, but for which no fee is herein set forth Additional branch circuits within the same sign, outline lighting system, or marquee (each) Residential appliances and self-contained, nonresidential appliances, (each) Appliances not exceeding one horsepower (HP), kilowatt (KW), or kilovolt-ampere (KVA), in rating,(each) Trolley and plug-in-type busways - each 100 feet or fraction thereof Signs, Outline Lighting, or Marquees supplied from one branch circuit (each) 560 CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2020 unless otherwise noted MFS Amendment #554 (January 2020) Page 29 MECHANICAL PLUMBING AND ELECTRICAL - STAND ALONE PROJECTS Plan Check & Inspection/Permit Fees for MECHANICAL, PLUMBING AND ELECTRICAL Stand Alone Projects are listed in the following table Note: Also see Planning and Development Section of Fire Department Fees for Fire Related Plan Check and Permit/Inspection Fees Fee Description & Unit/Time Plan Check Fee$^ PlanCheck Fee $^Amnd COMPLEX MECHANICAL STAND-ALONE PERMITS 552 FAU less than 100,000 Btu/h -$ 142.00$ FAU greater than 100,000 Btu/h -$ 142.00$ Floor furnace (including vent)-$ 142.00$ Suspended, wall, or floor-mounted heaters -$ 142.00$ Appliance vents not included in an appliance permit -$ 142.00$ -$ 296.00$ -$ 474.00$ 142.00$ COMPLEX ELECTRICAL STAND-ALONE PERMITS Items on this schedule are issued on a per item basis Nonresidential Appliances 237.00$ Power Apparatus 237.00$ Up to and including 1 (each) - -$ 237.00$ Over 1 and not over 10 (each) - -$ 308.00$ Over 10 and not over 50 (each) - -$ 510.00$ Over 50 and not over 100 (each) - -$ 771.00$ Over 100 (each) - -$ 925.00$ -$ 747.00$ Services over 600 volts or over 1000 amperes in rating (each)-$ 984.00$ Other Complex Electrical -$ 984.00$ ^ Adjusted on July 1 annually, beginning July 1, 2021, based on the 12 month percentage change in the U.S. Bureau of Labor Statistics Consumer Price Index (CPI) (Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-Hayward area), for the most current month that data is available. Motors, generators, transformers, rectifiers, synchronous converters, capacitors, industrial heating, air conditioners and heat pumps, cooking or baking equipment, and other apparatus (all sizes)Rating in horsepower (HP), kilowatts (KW), or kilovolt-amperes (KVA), or kilovolt-amperes-reactive (KVAR): Note: These fees include all switches, circuit breakers, contactors, thermostats, relays, and other directly related control equipment. Services of 600 volts or less and over 400 amperes to 1000 amperes in rating (each) Boiler or compressor, from 3HP to 15 HP / Absorption system from 100,000 Btu/h to 500,000 Btu/h. Other Complex Mechanical Boiler or compressor, up to 3HP / Absorption system up to 100,000 Btu/h. Items on this schedule are issued on a per item basis PLANNING & DEVELOPMENT - BUILDING FEES CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2020 unless otherwise noted MFS Amendment #554 (January 2020) Page 30 MECHANICAL PLUMBING AND ELECTRICAL - STAND ALONE PROJECTS Proposed Plan Check & Inspection/Permit Fees for MECHANICAL, PLUMBING AND ELECTRICAL Stand Alone Projects are listed in the following table Note: Also see Planning and Development Section of Fire Department Fees for Fire Related Plan Check and Permit/Inspection Fees Fee Description & Unit/Time Plan Check Fee $^ PlanCheck Fee $^Amnd COMPLEX MECHANICAL STAND-ALONE PERMITS 552 Fire Suppression System / Commercial Hood 119.00$ Onsite Sewer 6" & Over (per lineal ft)12.00$ 1.58 Onsite Water 6" & Over (per lineal ft)12.00$ 1.58 Onsite Storm Drain 6" & Over (per lineal ft)12.00$ 1.58 Other Complex Plumbing 119.00$ Stand Alone M, P, OR E Plan Check (hourly rate)119.00$ OTHER M, P, OR E INSPECTIONS (hourly rate)119.00$ ^ Adjusted on July 1 annually, beginning July 1, 2021, based on the 12 month percentage change in the U.S. Bureau of Labor Statistics Consumer Price Index (CPI) (Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-Hayward area), for the most current month that data is available. PLANNING & DEVELOPMENT - BUILDING FEES 560 Effective 60 days following adoption CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2020 unless otherwise noted MFS Amendment #554 (January 2020) Page 31 OTHER FEES related to MECHANICAL, PLUMBING and ELECTRICAL Stand Alone projects are as follows: Fee Description & Unit/Time Current Proposed Amnd Addendum to Approved Building Construction Plans 552 Minimum Hour, 1-hour minimum 163.00 hr*^ Appeals 552 Applications for Building Comission, Joint Advisory and Appeals Board Hour, 1-hour minimum 109.00 hr*^ Fire Fees (for Fire Protection Systems and See Fire Dept Fees 505 related Permits/Inspections/Reports) Fire Fees (for Building related Plan Check See Planning and Development Section 505 and Permit/Inspection Fees)Fire Department Fees Consulting/Inspection Services--Special 552 Services requested by applicant shall be over and above regular fees During regular business hours. Hour, 1-hour minimum 146.00 hr*^ Other than regular business hours (except Sundays and holidays) Hour, 1-hour minimum 166.00 hr*^ Inspection or consulting service not otherwise listed Hour, 1-hour minimum 146.00 hr*^ General Plan and Related Document Update and Maintenance 552 Surcharge on all Building Permits 12.83% Penalty 505 A surcharge will be added for complex/incomplete plans hrly rate* ^ Incorrect address/location given by applicant / per trip)53.50 54.00^ Premature inspection all (work not ready) / per trip 53.50 54.00^ Reinspection other than entitled calls / per trip 80.30 80.00^ Working without required permit / per permit fee 4 times (max.) ^ Adjusted on July 1 annually, beginning July 1, 2021, based on the 12 month percentage change in the U.S. Bureau of Labor Statistics Consumer Price Index (CPI) (Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-Hayward area), for the most current month that data is available. PLANNING & DEVELOPMENT - BUILDING FEES 560 560 560 CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2020 unless otherwise noted MFS Amendment #554 (January 2020) Page 32 OTHER FEES related to MECHANICAL, PLUMBING and ELECTRICAL Stand Alone projects are as follows: Fee Description & Unit/Time Current Proposed Amnd Renewals - Permits and Plan Checks 552 Building permit renewal of expired permit Standard fee 25% Minimum 54.00^ Plan check renewal of expired plan check Standard fee 25% Minimum 54.00^ Scanning Plans 505 8 ½"x11" / per sheet 0.90 Greater than 8 1/2"x11"/ per sheet 1.80 Technology - Entitlement Processing System Update 552 Surcharge on all Building Permits 19.00^ Workers' Compensation Insurance Verification 552 Per transaction 27.00^ * The blended rate for the Building Division (includes fringe and overhead) is $119.00^ per hour or is the actual hourly of a consultant, if utilized; plus actual extraordinary expenses in either case. ^ Adjusted on July 1 annually, beginning July 1, 2021, based on the 12 month percentage change in the U.S. Bureau of Labor Statistics Consumer Price Index (CPI) (Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-Hayward area), for the most current month that data is available. PLANNING & DEVELOPMENT - BUILDING FEES 560 560 560 CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2020 unless otherwise noted MFS Amendment #554 (January 2020) Page 33 Proposed • • • •A single review fee for traffic and fire will be charged for multiple concurrent applications. •All application fees do not include environmental assessements. • • Inner City Areas IC ^ Adjusted on July 1 annually, beginning July 1, 2021, based on the 12 month percentage change in the U.S. Bureau of Labor Statistics Consumer Price Index (CPI) (Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-Hayward area), for the most current month that data is available. The Planning and Development Director may authorize absorption of certain fees noted with an "SS" pursuant to the 311th Amendment to the Master Fee Schedule (Resolution No. 94-268, 11/94) and Council Resolution 95-315 (11/28/95) to encourage small subdivisions on infill parcels. Unless otherwise determined by the Planning and Development Director, fees shall be required for the filing of any application under the zoning ordinance by a governmental agency or a public entity including a city, county, school district, or other special district. Fee reductions are available for encouragement of "inner city"projects in the area described below (indicated by "IC", "IC-H", "IC-P"and “IC-HT”in "Acct"column) (314th and 330th Amendment, 12/06/94 and 11/29/96, respectively). Exception: Inner City fee reductions shall not apply to any Alcoholic Beverage Conditional Use Permit (ABCUP)or to applications where uses would contain 3 or more pool tables and or billiard tables (327th Amendment, Resolution No. 96-100, 05/07/96). INNER CITY shall mean the 21 square mile area within the following described boundary: beginning at the intersection of the centerlines of East Shields Avenue and North Chestnut Avenue; thence south along the centerline of Chestnut Avenue to the intersection with the centerline of East California Avenue; thence west along the centerline of California Avenue and projections of said California Avenue to the intersection with the centerline of South West Avenue; thence north along the centerline of West Avenue and projections of said West Avenue to the intersection with the centerline of State Highway 99; thence northwesterly along the centerline of State Highway 99 to the intersection with the centerline of West Shields Avenue; thence east along the centerline of Shields Avenue to the point of beginning.All parcels lying outside the INNER CITY boundary with a legal address on the boundary streets are considered to be within the INNER CITY boundary. For all Planning and Land Section Services not listed in the Land Use and Zoning, and Subdividion sections or for services determined by the Director to be beyond the regular effort established in this fee schedule, a $187.00^ blended hourly rate applies. At the discretion of the Development Director/Designee, fee rates may be adjusted when special circumstances are found to exist to reflect the actual cost of processing. Special conditions may result in additional requirements. LAND USE, ZONING, AND SUBDIVISION PLANNING & DEVELOPMENT FEES CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2020 unless otherwise noted MFS Amendment #554 (January 2020) Page 34 LAND USE, ZONING, AND DIVISION Fee Description & Unit/Time Current Proposed Amnd Address Change 552 Assignement - Parcel Map 224.00^ Assignment - Tract Map first 50 lots or less 476.00^ Assignment - Tract Map per each additional 50 lots or less 187.00^ Change 238.00^ Annexation Application Fee (LAFCO feees must be paid by applicant)552 Inhabited 12,309.00^ Un-inhabited 9,139.00^ Appeal by Applicant (requiring Planning Commission review)839.00^552 Bond/Performance and Surety 511 Processing, handling, and release / per request 187.00^ Surety bond, house mover Minimum bond 2000.00^ City Attorney Development-Related Special Services City Attorney Special Services—Extraordinary, nonsecurity method, covenant, zoning and other land use inquiry, and miscellaneous legal services not covered by other fees—on request of applicant or owner subject to availability of staff During regular business hours Hour, 1-hour minimum*2 x billable or hrly rate* Other than regular business hours (except Sundays and Holidays) Hour, 1-hour minimum*2.5 x billable or hrly rate* * Billable rate or hourly rate includes fringe of each employee, plus actual expenses. Conditional Use Permit (CUP)552 All CUP Fees will be reduced by 50 percent for the inner-City areas/except for ABCUPs and uses with pool or billiard tables. Application:11,610.00^ File Stuffer 140.00 ^ Adjusted on July 1 annually, beginning July 1, 2021, based on the 12 month percentage change in the U.S. Bureau of Labor Statistics Consumer Price Index (CPI) (Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-Hayward area), for the most current month that data is available. PLANNING & DEVELOPMENT FEES 560 560 560 560 560 CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2020 unless otherwise noted MFS Amendment #554 (January 2020) Page 35 LAND USE, ZONING, AND LAND DIVISION Fee Description & Unit/Time Current Proposed Amnd Conditional Use Permit (CUP) - continued 511 Fire Department Plan Review of CUP Application 247.00 Police Department Review of CUP/per application (exclude senior 210.00 409 citizen functions) Traffic Engineering Review/per application 525 Application Level 1 31.00 Level 2 275.00 Level 3 518.00 Level 4 1,036.00 Amendment to approved CUP (minor)5,092.00^552 Major Revised exhibit (major) / per request (routing required)2,648.00^ Moderate Revised exhibit (minor) / per request (no routing or 492.00 532.00^ limited routing for unsubstantial changes to Fire or DPW only required) minor Moderate RE includes: Reapplication fee for subsequent owners, Fences on a single-family reversed corner lot, Larg-family day-care home (FMC 12-306-N-42) Plus hourly consulting fee as required (all amendments) 1 hour minimum* Minor Revised exhibit / hourly rate 168.00 Corrected Exhibits (all CUPs) after first 2 653.00^552 Special use CUP* Condominim Conversion 22,380.00^ Per 100 Units 3,730.00^ Conditional Use Permit - ABCUP 552 Standard off-sale 10,910.00^ Standalone on-sale (bar /nightclub)5,595.00^ Minimal Impact (on-sale retaurant or tasting room)2,798.00^ Major Modification 1,865.00^ Minor Modification 373.00^ New Alcohol use submitted with full related development permit or CUP 1,865.00^ * Hourly rate of each employee (includes fringe and overhead) or consultant; plus actual extraordinary expenses. ^ Adjusted on July 1 annually, beginning July 1, 2021, based on the 12 month percentage change in the U.S. Bureau of Labor Statistics Consumer Price Index (CPI) (Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-Hayward area), for the most current month that data is available. PLANNING & DEVELOPMENT FEES 560 560 560 CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2020 unless otherwise noted MFS Amendment #554 (January 2020) Page 36 LAND USE AND ZONING Fee Description & Unit/Time Current Proposed Amnd City Street Trees 456 Inspection when planted by private party / per tree 30.00 Covenants 552 Preparation and recording 1,492.00^ Revision of Covenants 933.00^ Release of covenant 560.00^ County recordation fee / per document Current rate Deviation Application 552 Minor Deviation / per application 250.00^ Director’s Determination 552 Per application 1500.00^ Draw-Down Account Administrative Fee 511 Annual fee per account 216.00^ DRC Process 200.00^552 Encroachment 560 Public right-of-way See Street Work Fees Public utility easement / per application 560.00 Rear yard encroachment See Site Plan Review Fees Environmental Assessment Fee (all private and non-entitlement public projects)552 NOTE: Environmental Assessment fees shown with asterisks (*) will bereduced by 50 percent for the inner-City areas. Categorical Exemption / per application 560.00*^ Negative Declaration / per application 5,968.00**^ Mitigated Negative Declaration/per application 10,631.00**^ Related Special Studies for all Eas hrly rate*^ Planning Review of others' Special Studies (each)374.00 Planning Review of Traffic Studies (each)561.00^ Outsourced Initial Study City Facilitation 2,798.00^ Consultant Costs 20,000.00^ *Hourly rate of each employee (includes fringe and overhead) or consultant; plus actual extraordinary expenses. ^ Adjusted on July 1 annually, beginning July 1, 2021, based on the 12 month percentage change in the U.S. Bureau of Labor Statistics Consumer Price Index (CPI) (Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-Hayward area), for the most current month that data is available. PLANNING & DEVELOPMENT FEES See "Encroachment" in Public Works section 560 560 560 560 560 560 CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2020 unless otherwise noted MFS Amendment #554 (January 2020) Page 37 LAND USE AND ZONING Fee Description & Unit/Time Current Amnd Environmental Assessment Fee - continued (all private and non-entitlement public projects)511 NOTE: Environmental Assessment fees shown with asterisks (*) will be reduced by 50 percent for the inner-City areas. Application/Filing Fees (on Fining of Conformity, Mitigating Negative Declaration) City filing fee/application + filing fees 55.00 511 County lerk filing fee/application + filing fees.50.00 464 Fire Department Review Private Project / per application 247.00 Police Department Review/per application (exclude senior 210.00 409 citizen functions) Traffic Engineering Review Private Project / per application 91.00SS Traffic Engineering Review Tentative Parcel and Tract Maps Per application 91.00SS Fish and Game Filing Fee (for applicable projects)Current fee as 546 Payable to: County of Fresno (to be remitted to the reflected on the State of California)California Department of Fish and Wildlife Website. Environmental Impact Report (EIR)552 Analysis of EIR for private projects and non entitlement public projects NOTE: All EIRs are billed based on total Staff Time & Materials with a base deposit required as listed.* Focus - minimum deposit Program - minimum deposit 67,421.00 23,188.00^ 97,448.00 45,815.00^ City filing fee 55.00 County Clerk filing fee 50.00 464 Fish and Game Filing fee for EIRs Current fee as 546 Payable to: County of Fresno (to be remitted to the reflected on the State of California)California Department of Fish and Wildlife Website. *Hourly rate of each employee (includes fringe and overhead) or consultant; plus actual extraordinary expenses. ^ Adjusted on July 1 annually, beginning July 1, 2021, based on the 12 month percentage change in the U.S. Bureau of Labor Statistics Consumer Price Index (CPI) (Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-Hayward area), for the most current month that data is available. PLANNING & DEVELOPMENT FEES 560 CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2020 unless otherwise noted MFS Amendment #554 (January 2020) Page 38 LAND USE AND ZONING Fee Description & Unit/Time Current Proposed Amnd Flood Control Appeal / per application 365.00 Deferment of fees / per application 110.00 Drainage fees of the Fresno Metropolitan Flood Control See Exhibit "C"439 District (FMC 13-13) General Plan and Related Document Update and Maintenance 511 Surcharge on all Building Permits 10% GIS Research Request 187.00^552 Historic Preservation Application 1,306.00^552 Map - Tentative Parcel Map 552 NOTE: Parcel Map fees shown with an asterisk (**) will be reduced by 50 percent for Inner-city areas. Pre-application and Verification 2,798.00^ Tentative Parcel Map Filing (5 lots or more) / each 7,460.00**^ Tentative Parcel Map Filing (4 lots or less) / each 5,595.00**^ Environmental Assessment See Environmental Assessment Fees 290.00 560 134.00 31.00 409 552 Traffic Engineering rReview tentative parcel map / per request Fire Department rReview tentative parcel map / each Parks, Recreation & Community Review tentative parcel map / eac Revised Tentative Parcel Map NOTE: All Revised Parcel Maps are billed based on total staff Time and Materials with a base deposit as listed.* Major / each minimum deposit 1,492.00^ Minor / each minimum deposit 746.00^ Time Extension or Continuation of scheduled 1,865.00^552 item at the request of applicant Revised Conditions Minor 746.00^ Major 2,238.00^ Map - Final Parcel Map See Subdivision Section ^ Adjusted on July 1 annually, beginning July 1, 2021, based on the 12 month percentage change in the U.S. Bureau of Labor Statistics Consumer Price Index (CPI) (Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-Hayward area), for the most current month that data is available. PLANNING & DEVELOPMENT FEES see Traffic Engineering Review / per application under Conditional Use Permit (CUP) 560 560 560 560 560 - CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2020 unless otherwise noted MFS Amendment #554 (January 2020) Page 39 LAND USE AND ZONING Fee Description & Unit/Time Current Proposed Amnd Map - Tentative Tract Map 552 Pre-application and verification / each 3,917.00^ Tentative Tract Map filing Base fee per Map 19,769.00^ Per each 50 lots 7,460.00^ Environmental Assessment See Environmental Assessment Fees UGM Application See UGM Application Fees In Subdivision Section *Hourly rate of each employee (includes fringe and overhead) or consultant; plus actual extraordinary expenses. ^ Adjusted on July 1 annually, beginning July 1, 2021, based on the 12 month percentage change in the U.S. Bureau of Labor Statistics Consumer Price Index (CPI) (Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-Hayward area), for the most current month that data is available. PLANNING & DEVELOPMENT FEES 560 CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2020 unless otherwise noted MFS Amendment #554 (January 2020) Page 40 LAND USE AND ZONING Fee Description & Unit/Time Current Proposed Amnd Traffic Engineering rReview tentative parcel tract map / per request 470.00SS 560 Parks, Recreation & Community Review tentative parcel tract map / each 124.00 Fire Department Review Pre-application / each 134.00 Tentative tract map / each 134.00 Final map / each 134.00 Revised Tentative Tract Map 552 Major / each 11,190.00^ Minor / each 3,730.00^ Time Extension or Continuation of scheduled 5,036.00^552 item at the request of applicant Map - Final Tract Map Filing See Subdivision Section Master Development Agreement 552 NOTE: All Master Development Agreements are billed based on total time & materials with a base deposit require as listed.* Master Development Agreement base deposit 28,535.00^ Meetings - Planning Commision, City Council 552 Special Meeting at request of applicat / per request 2,052.00^ Time Extension or Continuation of scheduled item at the request of applicant 1,679.00^ Official Plan Line - Director's Determination Time & Materials 511 Planning / each 409 (does not include environmental or engineering costs) *Hourly rate of each employee (includes fringe and overhead) or consultant; plus actual extraordinary expenses. ^ Adjusted on July 1 annually, beginning July 1, 2021, based on the 12 month percentage change in the U.S. Bureau of Labor Statistics Consumer Price Index (CPI) (Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-Hayward area), for the most current month that data is available. PLANNING & DEVELOPMENT FEES see Traffic Engineering Review / per application under Conditional Use Permit (CUP) 560 560 560 560 CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2020 unless otherwise noted MFS Amendment #554 (January 2020) Page 41 LAND USE AND ZONING Fee Description & Unit/Time Current Proposed Amnd Plan Modification (Amendments to in-process plans)/ 5,045.00^552 per request Plan Amendment 511 NOTE: Plan Amendment fees shown with asterisks (**) will be reduced by 50 percent for the inner-city areas. Amendments to redevelopment projects not included. New Application 18,184.00** ^552 PA and Rezone Combo 20,049.00** ^ Traffic Engineering review / per proposal 163.00 Planned Community Development 552 NOTE: All Formal Applications for Planned Community Developments and their separate EIRs are billed based on total staff Time & Materials with a base deposit required as listed.* Preliminary Application - inclued project conference, and review 16,692.00 for acceptability for processing (EIR is not included and is charged separately) Formal Application minimum deposit - includes public hearings,33,198.00 Development Agreement preparation and review Planned Development - Standalone 9,325.00 11,610.00^552 Planned Development (related to CUP of DP)3,730.00^552 Planned Development (related to a map, no CUP)5,595.00^552 Private Irrigation Line Maintenance / per linear foot 5.00 *Hourly rate of each employee (includes fringe and overhead) or consultant; plus actual extraordinary expenses. ^ Adjusted on July 1 annually, beginning July 1, 2021, based on the 12 month percentage change in the U.S. Bureau of Labor Statistics Consumer Price Index (CPI) (Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-Hayward area), for the most current month that data is available. PLANNING & DEVELOPMENT FEES 560 560 560 560 560 560 CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2020 unless otherwise noted MFS Amendment #554 (January 2020) Page 42 LAND USE AND ZONING Fee Description & Unit/Time Current Amnd Refunds, Handling Charge 552 NOTE: refunds include Handling fee and are less cost of Staff Time already incurred on project (related to all Building, Planning and Subdivison entitlement fees)* Handling Fee 187.00^ Release Hold on Occupancy 511 Planning Entitlement related 55.00^ Subdivision Entitlement related 413.00^ Release of Lien Recording of release of lien on real property / per release 60.00^500 Response to Zoning Inquiries--Written 552 NOTE: All Responses to Inquiries are based on total Staff Time and Materials with a minimum 1 hour deposit.* Response to basic zoning questions identified on application 187.00^ Response to other / specialized questions 522.00^ Per Parcel / Address fee for requests for multiple addresses 187.00^ or parcels Waiver or Interpretation of Development Standards (staff 746.00^ support for process) Rezoning* NOTE: Rezone fees shown with asterisks(**) will be reduces by 50 percent for the inner-city areas. Rezone (all)11,190.00** ^ Modifications to zoning conditions 10,258.00** ^ Fire Prevention fee per application 134.00 Traffic Engineering review Rezone, all other districts / per application 110.00 Rezone, single family / per application 110.00 Scanning Entitlements 140.00 511 NOTE: All scanning charges are based on a standard quantity of pages to be used per entitlement type and are billed up front with the entitlement fees 8 1/2" x 11" / per sheet (using standard quantities per entitlement)0.90 Greater than 81/2" x 11" / per sheet 1.80 Security Wire Permit Per application 466.00^552 Temporary Use Permit 552 Minor/ over the counter 187.00^ Major / routed 280.00^ *Hourly rate of each employee (includes fringe and overhead) or consultant; plus actual extraordinary expenses. ^ Adjusted on July 1 annually, beginning July 1, 2021, based on the 12 month percentage change in the U.S. Bureau of Labor Statistics Consumer Price Index (CPI) (Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-Hayward area), for the most current month that data is available. PLANNING & DEVELOPMENT FEES 560 560 560 560 560 560 CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2020 unless otherwise noted MFS Amendment #554 (January 2020) Page 43 LAND USE AND ZONING Fee Description & Unit/Time Current Proposed Amnd Signs/Zoning Review 552 Master sign program / per program 1,399.00^ Revision to MSP 373.00^ On-site signs / per application 261.00^ Master sign program conformance review / per application 140.00^ Temporary / Banner 93.00^ Site Plan Review (SPR) Development Permit (DP)10,575.00**^552 NOTE:Site Plan Review Fees shown with asterisks (**) will be reduced by 50 percent for inner-City areas. Fire Prevention fee / per application 247.00 Police Site Plan review / per application (exclude senior 210.00 409 citizen functions) Traffic Engineering review / per application 525 Level 1 31.00 Level 2 275.00 Level 3 518.00 Level 4 1036.00 Amendment to approved SPR DP 552 NOTE: Fees shown with asterisks (**) will be reduced by 50 percent for inner-City areas. Amendment 6714.00^ Major Revised exhibit / per request (routing required)2,648.00** ^ Minor Moderate rRevised exhibit / per request (no routing or 532.00** ^ routing for unsubstantial changes to Fire or DPW only required) plus hourly consulting fee as required (all Amendments) 1 hour minimum* File Stuffer Minor Revised exhibit / hourly rate 168.00^ Rear yard encroachment 187.00^552 ^ Adjusted on July 1 annually, beginning July 1, 2021, based on the 12 month percentage change in the U.S. Bureau of Labor Statistics Consumer Price Index (CPI) (Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-Hayward area), for the most current month that data is available. PLANNING & DEVELOPMENT FEES 560 560 560 560 CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2020 unless otherwise noted MFS Amendment #554 (January 2020) Page 44 LAND USE AND ZONING Fee Description & Unit/Time Current Proposed Amnd Corrected Exhibits (all SPRs) after first two 653.00^552 Special and Consulting Services 552 Services requested by applicant related to land use & zoning. Charges are in addition to the regular application fees, subject to the availability of staff: During regular business hours Hour, 1-hour minimum 187.00 hr* ^ Other than regular business hours (except Sundays and holidays) Hour, 1-hour minimum 191.00 hr* ^ Consulting Service not otherwise listed Hour, 1-hour minimum 187.00 hr* ^ Street Name Change 11,656.00^552 Tree Removal Permit - fee not required for Single Family Homes 187.00^552 Variance 552 NOTE: Variance fees shown with astersiks(**) will be reduced by 50 percent for the inner-city areas. IM Priority Area Variances 1865.00^ Security-related 6,826.00** ^ Single-family residential lot, 1 acre or less/per application 3,730.00** ^ All other applications/per application 9,959.00** ^ Variance associated with a Development Permit or CUP 3730.00^ Voluntary Parcel Merger 627.00^525 Waiver or Interpretation of Development Standards (staff suport for process) Per request 187.00 Zoning Clearance 552 Minor 30.00^ Moderate 373.00^ Major 1,865.00^ Zoning Ordinance Text Amendment 552 Per application 13,242.00^ *Hourly rate of each employee (includes fringe and overhead) or consultant; plus actual extraordinary expenses. ^ Adjusted on July 1 annually, beginning July 1, 2021, based on the 12 month percentage change in the U.S. Bureau of Labor Statistics Consumer Price Index (CPI) (Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-Hayward area), for the most current month that data is available. PLANNING & DEVELOPMENT FEES 560 560 560 560 560 560 560 560 552----- CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2020 unless otherwise noted MFS Amendment #554 (January 2020) Page 45 SUBDIVISION Fee Description & Unit/Time Current Proposed Amnd Building Plan Check - Planning Review 560 Commercial 47.00^ Residential 280.00^ Builidng Building Plan Check - Offsite Improvements 552 Commercial 47.00^300.00^ Residential 280.00^373.00^ Covenants 552 Preparation and recording 1,492.00^ Revision of Covenant 933.00^ Release of Covenant 560.00^ Lot Line Adjustment -511 Application 1,051.00^ Map - Tentaive Parcel Map See Land Use 511 and Zoning Section Map - Final Parcel Map 511 Final Parcel Map filing (5 lots or more) / each 5,134.00^ Final Parcel Map filing (4 lots or less) / each 3,823.00^ Parcel Map Waiver Certificate request / per request 774.00^ Map - Tentaive Tract Map See Land Use 511 and Zoning Section Map - Final Tract Map Filing 511 Map 6,228.00^ Per 50 lots 1,827.00^ Meeting -Planning Commission, City Council 552 Special Meeting at request of applicant / per request 2,052.00^ Time Extension or Continuation of scheduled item at the request of applicant 1679.00^ Special Agreements 552 Special Developments Simple Residential Deferral / per agreement 285.00 Standard / per agreement 640.00 Major / per agreement 1,710.00 Early Construction (Sewer, Water, Streets) / per agreement 450.00 Early Issuance of Building Permit / per agreement 1,865.00^ Revision of Agreement See Covenant Revision Assumption Agreement / per agreement 1,010.00 Substitution of Securities / per agreement 390.00 ^ Adjusted on July 1 annually, beginning July 1, 2021, based on the 12 month percentage change in the U.S. Bureau of Labor Statistics Consumer Price Index (CPI) (Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-Hayward area), for the most current month that data is available. PLANNING & DEVELOPMENT FEES 560 560 560 560 560 560 560 CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2020 unless otherwise noted MFS Amendment #554 (January 2020) Page 46 SUBDIVISION Fee Description & Unit/Time Current Amnd Special and Consulting Services 552 Services requested by applicant related to subdivison fees 52.00 Charges are in additon ot the regular application fees, subject to the availaability availability of staff:2,620.00* During regular business hours Hour, 1-hour minimum 187.00 hr*^ Other than regular business hours (except Sundays and holidays) Hour, 1-hour minimum 191.00 hr*^ Consulting Service not otherwise listed Hour, 1-hour minimum 187.00 hr*^ Street Signs, Striping & Markers 393 Street name sign / per set Overhead Sign (per installation)223.00 Ground Mounted (per installation)151.00 Mounted on Street Light Pole (per installation)142.00 Stop Signs on U-Channel Post (per installation)106.00 Stop Signs on Street Light Pole (per installation)109.00 Street striping and pavement markers / per lane mile 4" White skip or solid .04 per l.f. 6" White solid .12 per l.f. 8" White solid .14 per l.f. 12" White solid .20 per l.f. 4" Yellow skip or solid .06 per l.f. 6" Yellow solid .14 per i.f. 8" Yellow solid .16 per l.f. 12" Yellow solid .22 per l.f. New letters and turn arrows (each letter or arrow)5.50 Install handi-cap stalls 25.00 ea. Raised wheel stops 25.00 ea. Removal of any striping or stenciling .70 per foot Labor rate (per hour)35.34 per hr Warning and regulatory signs / per sign 77.00 NOTE: see also Public Works for fees on Bike Land Striping *Hourly rate of each employee (includes fringe and overhead) or consultant; plus actual extraordinary expenses. ^ Adjusted on July 1 annually, beginning July 1, 2021, based on the 12 month percentage change in the U.S. Bureau of Labor Statistics Consumer Price Index (CPI) (Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-Hayward area), for the most current month that data is available. PLANNING & DEVELOPMENT FEES 560 CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2020 unless otherwise noted MFS Amendment #554 (January 2020) Page 47 PARKING FEES Fee Description & Unit/Time Current Proposed Amnd Parking, City of Fresno Employees All lots / per month 15.00 Replacement permit / per replacement 10.00 Official vehicle permit / per month 20.00 Parking, DMV Hold Administrative Fee Per violation 5.00 Parking Late Payment Penalties 546 Overtime Parking Penalty / per violation Restricted Zone Penalty / per violation Parking, Administrative penalties / per violation 33.00 Parking Penalties - Disabled or Handicapped / per violation 33.00 Off Street Parking^554 Mall Specific and Non-Mall Specific Areas, Permits Parking Rates in Garages and Lots Permit Hours based on Option Selected and Fees Paid. All Permits will be assigned a specific Garage or Lot, dependent on location selected and Plan. 6 am to 6pm, Mon-Fri Surface lot permit per month^75.00 554 Structure permit per month^90.00 554 Bulk Annual Purchase^ Monthly parking contracts purchased in bulk 64.00 531 (50 permits or more) will be at a flat fee per month per permit MET LOT ONLY Monthly parking contracts purchased in bulk 40.00 554 (10 permits or more) will be at a flat fee per permit Failure to pay overtime parking fee within 15 days Per incident 5.00 Failure to purchase repeat monthly parking permit within first 5 10.00 working days of month / per incident Replacement Permit / per incident 10.00 480 ^ Staff shall administratively update the parking fees adjusted by Resolution 2017-16 annually to reflect the twelve month percentage change in the U. S. Bureau of Labor Statistics Consumer Price Index (CPI) (Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-San Jose Hayward Area), for the most current month that data is available, or 3% whichever is less. PLANNING & DEVELOPMENT FEES Equal to Penalty Equal to Penalty 560 CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2020 unless otherwise noted MFS Amendment #554 (January 2020) Page 48 PARKING FEES Fee Description & Unit/Time Current Proposed Amnd City Department Sponsored Permits 554 Annual Permits for City vendors, board, and committee members 240.00 City Hall North Lot / per day 5.00 Promenade Lot / per day 2.00 Short term Daily Rates in Garages and Lots - Non-Event Days 546 (Garage 8 and Surface Lots) First hour 0-60 minutes 3.00 Each additional hour 0-60 minutes 1.00 Maximum per day 9.00 9.00 Promenade Lot Daily Rate 5.00 554 Validation Tickets Bulk purchase only by business owners with valid business license issued by the City of Fresno Registered Businesses w/Business Tax ID, or Governmental Agencies First hour/per ticket 1.50 480 Any other hour/per ticket 0.50 Short Term Daily Rates 546 in Garages and Lots - Non-Event Days (Convention Center, Garages 4, 7, and 9) (Congo Alley Garage 4, Spiral Garage 7 & Merced Garage 9) First house 0-60 minutes Free Underground Garage 8 & Convention Center Garage First hour 0-60 minutes 3.00 Each additional hour 0-60 minutes 1.00 Maximum per day 9.00 9.00 Validation Tickets Bulk purchase only by business owners with valid Business Tax ID, or Governmental Agencies Per ticket 0.50 Event Parking*546 Weekday event for vehicles exiting before 6pm 5.00 Convention Center Garage Special Event Rate / per vehicle 554 Garages 4, 7 & 8 Special Event Rate / per vehicle $7.00 - $25.00 Parking Meters**$7.00 - $25.00 * Rate may vary based on City and event related agreements. ** Certain parking meters near off-street parking facilities may be configured to allow for flat-rate parking during events. PLANNING & DEVELOPMENT FEES Exit without permit / ticket Exit without permit / ticket $10.00 - $25.00 560 CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2020 unless otherwise noted MFS Amendment #554 (January 2020) Page 49 PARKING FEES Fee Description & Unit/Time Current Amnd Parking Penalties - Disabled or Handicapped 546 Parking in handicapped crosshatch zone (CVC 22507.8) / per 350.00 violation Parking in handicapped zone (CVC 22507.8) / per violation 350.00 Parking in spaces for the disabled (CVC 22507.8) / per violation 350.00 Misuse of disabled placard (CVC 4461) / per violation 500.00 Parking, Restricted Zone Penalties 554 Parked on Public Grounds (CVC 21113(a)(1))100.00 Not Parked within 18 Inches of Curb (CVC 22502(a))100.00 Vehicle Parked unattended Motor Running (CVC 2215(a))43.00 Parked immobilized vehicle (MC 14-1006 (c))43.00 Parked in Alley not Right Hand Side (MC 14-1013(c))100.00 Block Alley Leaving < 10 ft (MC 14-1013(d))43.00 Parked on City Owned Lot/No Permit (MC 14-1014(c))43.00 Parkway (MC 14-1002, 13-301(d))43.00 Parallel Parked Divided Hwy (MC 14-1104(b))43.00 Not Parked within Marked Space (MC 14-1413)43.00 Parked at Postal Mailing Curb (MC 14-1202(a)(3)(iv))43.00 Taxi Cab not Parked in Taxi Zone (MC 14-1204)43.00 Parked in Official Car Zone (MC 14-1205)43.00 Parked in Taxi Zone (MC 14-1206)(c))43.00 Parked in Yellow Zone (MC 14-1207)43.00 Parked in Passenger Zone (MC 14-1208)43.00 Parked on Private Property (MC 14-802)43.00 Parked in Restricted Zone (MC 14-1107(c))43.00 No Stopping/Tow Away Zone (MC 14-1004)58.00 Posted or Painted No Parking (MC 14-1005(c))58.00 Parked Street Under Repair (MC 14-1005(g))58.00 Wrong Way Parked Street or Alley (MC 14-601(a))58.00 Not Connected at Electric Vehicle Charging Station (MC 14-1022(b))100.00 Parking, Downtown 546 On/off street meters Meter per hour 1.00 to 1.50 Meter Occupancy Permit, per month^160.00 531 After the 15th of the month^81.00 554 Parking meter SmartCard, per card 3.00 518 ^ PLANNING & DEVELOPMENT FEES Staff shall administratively update the parking fees adjusted by Resolution 2017-16 annually to reflect the twelve month percentage change in the U. S. Bureau of Labor Statistics Consumer Price Index (CPI) (Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-San Jose Hayward Area), for the most current month that data is available, or 3% whichever is less. 558 Effective 8/20/2020 EXHIBIT B CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2020 unless otherwise noted MFS Amendment #554 (January 2020) Page 01 RIVERSIDE MUNICIPAL GOLF COURSE - GREEN FEES Fee Description & Unit/Time Current Proposed Amnd Art, Park, Entertainment & Sports (Applicable at all City owned facilities.546 The Arts, Park, Entertainment and Sports (APES) ticket surcharge fee is to be applied to all tickets sold for attendance to all event types and on each round of golf, irrespective of the ticket selling party, irrespective of ticket price. The City reserves the right to waive the surcharge upon City Manager approval). Per ticket (or attendee) and on each round of golf 1.00 Weekdays 25.00 26.00 554 after 2 p.m. (PST) / after 3pm (PDST)21.00 22.00 Weekends/Holidays (as identified in FMC 3-116)33.00 34.00 554 after 2 p.m. (PST) / after 3pm (PDST)24.00 Tournaments 38.00 554 Seniors (62 and over)18.00 18.50 554 Juniors (18 and under)12.00 539 Junior Golf Team 5.00 539 Monthly Cards (restricted to the individual named)554 Seniors (Unlimited)46.00 Surcharge / per round 8.00 Juniors (Unlimited )43.25 Surcharge / per round 4.25 PARKS, RECREATION, & COMMUNITY SERVICES DEPARTMENT Effective Upon Adoption Effective Upon Adoption Effective Upon Adoption 561 561 561 CITY OF FRESNO MASTER FEE SCHEDULE Page 02 SOLID WASTE RATES** Fee Description & Unit/Time Current Proposed Amnd Solid Waste, Special Haul 554 30 minute minimum 68.65 Each additional 15 minutes or fraction over 30 minutes 16.00 Illegal Dumping Cleanup 1 hour minimum 353.56 377.11 539 Each additional 15 minutes 17.52 19.74 Foreman's Charge 44.02 554 Skip Fee 528 1st two incidents each fiscal year No Charge 3rd incident and each incident thereafter in a fiscal year 16.27 554 Special Event Truck Rental Per Hour (2 hour minimum)77.53 554 MULTI-FAMILY RESIDENTIAL, NON-BIN/COLLECTION SERVICES* **483 Basic service shall be 0.3 cubic yard in 45-, 64-, or 96-gallon containers 64-gallon container, one day a week / per month 19.20 96-gallon container, one day a week / per month 25.37 ***This equates to one-half of the 96-gallon container rate. Additional automated containers (12-month minimum) after first 483 96-gallon container 96-gallon green waste container / per month 3.87 96-gallon recycling container / per month 3.74 Private Collection Collection Route Permit Year 325.00 Month 28.00 Service Location Permit Location per year 17.00 When service cannot be adequately provided by City: Construction and Demolition Private Collection Material Diversion Fee 17.70 Roll-off Franchise Application Fee 560.00 502 Code Violation Appeal Fee Single Family Residential up to two units 35.00 Multi-Residential with three or more units 55.00 Commercial Apartment Complex and Commercial Business 75.00 * Fee changes effective 04/01/07 ** Rates shall be adjusted annually by staff during the budget process to reflect the rates in effect as per Reso. No. 2007-79 All fees effective 07/01/2020 unless otherwise noted MFS Amendment #554 (January 2020) PUBLIC UTILITIES DEPARTMENT 561 CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2020 unless otherwise noted MFS Amendment #554 (January 2020) Page 03 WASTEWATER RATES** Fee Description & Unit/Time Current Proposed Amnd Hauled Waste Disposal 464 Septage Waste and Non Domestic Waste In-lieu 1,000 gallons2 69.812 06/05 Capital 13.496 O&M 56.316 High Strength Non Domestic Waste - per gallon 0.03 489 Hauled Waste disposal station badge:464 Replacement / per badge 25.00 Pretreatment Surcharges (monthly charges) Category I - Individual permit*27.54 Category II - General permit**4.05 Category III - No permit required***1.29 Category IV - All residential users 0.06 * All industrial high-strength and categorically regulated users. ** All commercial establishments which may require pretreatment and monitoring activity (automotive repair, bakeries--retail, car washes, hotels/motels with dining facilities, laundromats, markets with garbage disposals, mortuaries, nursing homes, printers, restaurants, shopping centers). ***No discharge of process water (automotive--retail, business/services). Special Charges and Penalties 435 Television Inspection/Sewer CCTV Inspection per hour (one hour minimum)182.73 539 CCTV Standby 15- minute period 45.68 539 CCTV Inspection lateral tie-in (sewer mains less than 15"116.88 539 in diameter) per hour (one hour minimum) Inspection cleaning for minor debris per hour (30 minutes minimum)179.45 539 Video Inspection Sit-In per hour (one hour minimum)114.63 539 Review Outside Contractor CCTV Inspection / per hour 143.25 561 Sewer Access Structure Channel Inspection / per hour 114.67 561 Disconnection or reconnection inspection fee / per inspection 12.50 Discharge flow dye test / per hour 129.23 539 Combo Truck rate / per hour 204.40 539 After-Hours Service Call (Single Responder) / per hour 95.34 561 1 There are 748 gallons in a hundred cubic feet. 2 Rates per 1,000 gallons are approximate as they have been rounded to the 3rd decimal place. ** Rates shall be adjusted annually by staff during the budget process to reflect the rates in effect as per Res. No. 2007-79 PUBLIC UTILITIES DEPARTMENT 561 561 CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2020 unless otherwise noted MFS Amendment #554 (January 2020) Page 04 WASTEWATER RATES** Fee Description & Unit/Time *Current Proposed Amnd Pretreatment Administrative Penalties 464 Notice of Non-compliance 250.00 480 Warning Notice 250.00 Notice of Violation 500.00 Consent Order 750.00 Compliance Order 1,000.00 Show Cause Order 1,000.00 Administrative cost recovery charges for failure to meet 464 reporting deadlines: First day late 45.00 89.89 521 Each additional day late 22.50 44.95 Composite Sampler Rental / per day 75.00 Pretreatment enforcement charges/per hour 45.00 89.89 Miscellaneous non-enforcement charges/per hour 45.00 89.89 Laboratory Services 554 General Wet Chemistry / Bacteriological Analyses per hour 90.79 Organic Analysis / per hour 89.10 Inorganic Analysis / per hour 72.05 PUBLIC UTILITIES DEPARTMENT 561 CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2020 unless otherwise noted MFS Amendment #554 (January 2020) Page 05 WATER RATES** Fee Description & Unit/Time Current Proposed Amnd Penalties (continued) Fire hydrant damage repair fee Excavation not required 639.00 669.00 554 Excavation required 100%500 Delinquent notice Sewer connection, deferred payment plan, 60 days 2.00 + delinquent accumulated interest & principal installment Returning travel meter after permit expiration date per day 10.00 Conditions of service work (related to Water Conservation, FMC 6-520(e)*Notice of Water First Month with Incident Waste Issued 549 Second Month with Incident 25.00 Third Third Month with Incident 50.00 Fourth Month with Incident 100.00 Fifth through Twelfth Month with Incident 100.00 Illegal connection / per violation 45.00 (See Service Work for disconnection, damage, and reinstallation of service after first incident.) Delinquent Payment 499 Utility billings / per billing for water, sewer, sanitation, and/or solid waste service if unpaid balance > $10.00 2% Notification to discontinue services for non-payment of utility charges: Customers / per notification 8.00 Customers with tenants / per tenant notified at a single 2.00 billing address Minimum 8.00 Research project fees / per hour 45.00 Discontinuance of service for non-payment and restoration of service after payment Per Discontinuance / Restoration 15.00 NOTE:The above fees are administered by the Utilities, Billing, and Collection Section of the Department of Public Utilities. *Fines shall not be imposed upon incidents of water waste recorded by the City's water meter reading system until the passage of a Council resolution authorizing such fines. PUBLIC UTILITIES DEPARTMENT 561 CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2020 unless otherwise noted MFS Amendment #554 (January 2020) Page 06 WATER RATES** Fee Description & Unit/Time Current Proposed Amnd Service Work (related to remedy of illegal water connection)554 Blind washer installation / per service 128.00 129.00 Blind washer removal / per service 128.00 129.00 Service Disconnection / per service 296.00 301.00 Service Restoration / per service 785.00 1,028.00 Padlock on curb stop / per installation 10.00 Intentional Damage to Meter/Meter Box/Angle Meter Stop/Curb Stop/ Automatic Meter Reading Equipment (Cost & Overhead)100%525 After-hours turn on service work:546 Water, Discontinuance & Restoration of service (except 236.00 238.00 emergency) per call Water, Temporary Service*554 Single Family Residential (metered)See Water Metered 487 Service Rates Fire hydrant permit 25.00 27.00 Fire hydrant wrench deposit 125.00 3-inch Fire Hydrant Meter Deposit 1,282.00 Testing and Cleaning Fee 130.00 131.00 546 * This fee to sunset as of January 1, 2013 for customers on a metered rate ** Rates shall be adjusted annually by staff to reflect the rates in effect as per Res. No. 2015-36 . PUBLIC UTILITIES DEPARTMENT Deposits required shall be refunded upon the return of all equipment. Deductions shall be made for water service charges due and the cost of repair or replacement of damaged equipment.Any additional replacement costs will be billed to the customer.See Water Metered Service Rate section for the quantity and water meter service charges (3-inch Domestic Service). 561 561 561 561 CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2020 unless otherwise noted MFS Amendment #554 (January 2020) Page 07 WATER RATES** Fee Description & Unit/Time Current Proposed Amnd Well Drilling Permit and Inspection 554 Water Supply Well Permit / each 257.00 293.00 Water Supply Well Inspection / each 359.00 Monitoring Well Permit / each 257.00 293.00 Monitoring Well Inspection / each 304.00 342.00 Well Destruction & Abandonment 554 (Water Supply/Monitoring Wells / each) Well Abandonment Permit 257.00 293.00 Well Abandonment Inspection 207.00 Well Destruction Permit 257.00 293.00 Well Destruction Inspection 304.00 342.00 Underground Utility Remark Fee (per call back)164.00 166.00 546 Sale of Surplus Dirt 456 City load / per yard of dirt 5.00 Customer pick-up / per yard of dirt 1.20 WATER CONNECTION CHARGES (FMC 6-507) Fee Description & Unit/Time Current Amnd Deferment of Payment applicable to existing See FMC Sctn 6-305 (c) single-family residences Same basis and fees as sewer connection charges. Frontage Charge Front foot or fraction 6.50 Installation Charges 464 Meter & Service Installation (when installed together) 1-inch 2,241.00 1-1/2-inch 2,508.00 2-inch 2,671.00 Minimum residential service connections:489 Lots less than 20,000 square feet (1-inch) Lots 20,000 square feet or greater (1-1/2-inch) Meter Installation (when installed on existing services)415 1-inch 330.00 1-1/2-inch 455.00 2-inch 530.00 Larger than 2-inch (FMC 6-507(a)(3) Cost plus overhead 100% PUBLIC UTILITIES DEPARTMENT 561 561 561 PLANNING AND DEVELOPMENT DEPARTMENT DATE: February 4, 2021 TO: NICOLE KISSAM, DIRECTOR NBS GOVERNMENT FINANCE GROUP FROM: JENNIFER K. CLARK, DIRECTOR PLANNING AND DEVELOPMENT DEPARTMENT CITY OF FRESNO SUBJECT: REQUESTED: REVIEW AND LETTER OF CONCURRENCE TO THE PROPOSED 2021 REVISIONS OF SELECT PLANNING AND DEVELOPMENT FEES City of Fresno Planning and Development staff propose several revisions to the current Development Master Fee Schedule as listed herein. The revisions proposed are categorized in two ways: Revisions to existing fees previously included in the 2019 Master Fee Study; and Established fees not previously studied. Staff requests NBS review the proposed revisions, the methodology used, and provide a brief letter agreeing with the consistency of the practices used in the 2019 Master Fee Study. The following details the methodology used to calculate each of the proposed fees: Each development fee is established utilizing the framework defined in Article XIII C of the California State Constitution, as well as California Government Code section 66014 which is specific to development permitting fees. Under this legal framework, a fee may not exceed the estimated reasonable cost of providing the service or performing the activity. In order to calculate these fees, a time-on-task study may be performed to obtain an estimated or actual average number of hours to complete the activity associated with the fee. This is multiplied by a fully burdened hourly rate and the resulting number is the proposed fee for full cost recovery. Staff followed this methodology, as modeled in the 2019 fee study conducted by NBS. As the study was conducted fairly recently, staff utilized the fully burdened hourly rates as calculated by NBS; therefore the changes herein reflect time-on-task revisions. The following details each proposed revision (please note, the parenthesis reference the attached excel spreadsheet): Subject Date (consistent with first page) Page 2 of 2 Revisions to existing fees previously included in the 2019 Master Fee Study - Occupancy/Penalties (C2-C9): No new calculations. Revised to a rounded number as this is a penalty and not subject to a cost of service fee study. - Penalty (C19-21): No new calculations. Revised to a rounded number as this is a penalty and not subject to a cost of service fee study. - Mechanical Plumbing and Electrical – Stand Alone Projects Simple Group (D11-15): These fees’ time-on-task studies were retested with the guidance of the newly on-boarded Building Official. Originally staff believed the time-on-task for the issuance of these permit types was only 0.5 hours of staff time. After discussion and retesting, it was determined actual time-on-task was 0.75 hours. Therefore, utilizing the previously determined fully burdened hourly rate for Inspection Services ($119.00/hr; page 13 of Fee Study), staff calculated the new fee of $89.00. - Complex Mechanical Stand Alone Permits – Onsite Sewer/Water/Storm Drain 6” and Over (D16-18): These fees’ time-on-task studies were retested with the guidance of the newly on-boarded building official. Originally staff believed the time-on-task for the issuance of these permit types was 6 minutes of staff time per linear/foot. After discussion and retesting, it was determined actual time-on-task was less than 1 minute per linear foot. Therefore, utilizing the previously determined fully burdened hourly rate for Inspection Services ($119.00/hr; page 13 of Fee Study), staff calculated the new fee of $1.58 per linear foot. - Conditional Use Permit (C22-23): Staff proposes the re-categorization of the Conditional Use Permit section similar to that of the Development Permit section due to the ability to process both permit types similarly and should be distinguished similarly into separated levels of Major, Moderate, and Minor applications. By following this structure, the time-on-task tests conducted by staff also indicate that the time to process the applications is similar, therefore staff propose to utilize the calculations and fee estimates provided by NBS during the 2019 Fee Study for Development Permit fees. - Environmental Impact Report – Focus, Program (C24-25): After implementing new processes and revisiting the time-on-task for this application type, staff identified the need to revise this fee to reflect a total time-on-task to 124 hours and 245 hours, respectively. Therefore, utilizing the previously determined fully burdened hourly rate for the Current Planning division, staff calculates the fee to be $23,188 and $45,815, respectively. Subject Date (consistent with first page) Page 2 of 2 - Planned Development – Standalone (C26): After implementing new processes and revisiting the time-on-task for this application type, staff identified the need to revise this fee to reflect a total time-on-task to 62.25 hours. Therefore, utilizing the previously determined fully burdened hourly rate for the Current Planning division, staff calculates the fee to be $11,610. - Building Plan Check – Planning Review (C28): Revision of the text to revert previous fee and the fee proposed in 2019 via the fee study. No new calculations. Established fees not previously studied - Temporary Event Structure Permit and Inspection / per hour (C10): Established fee that was erroneously not included by staff in the 2019 study. Time-on-task study was conducted consistent with the procedures followed in the 2019 study and it was determined that in order to issue this permit type, typically it required at minimum 1 hour of Inspector time and it is reasonable to assume as the complexity of the structure increases, the time-on-task would proportionally increase. Therefore, staff utilized the previously determined fully burdened hourly rate for Inspection Services ($119/hr, page 13 of Fee Study) and calculated the proposed fee to $119/per hour. - Residential Tract Update Review (C27): Established fee that was regularly charged under a miscellaneous fee category that staff proposes to codify as its own named fee. After conducting a time-on-task assessment, it was discovered that it took on average 3 hours of staff time in the Permit Center to issue this type of review. Therefore, staff utilized the previously determined fully burdened hourly rate for the Permit Center ($109/hr; page 12) and calculated a fee of $327. Attachment(s): MFS Update FY21_v2 MASTER FEE SCHEDULE SUBMISSION SUMMARY FY 2022DepartmentMFSFee DescriptionMFSFee DetailMFSNotesType of ChangeCurrentFeeNewFeeFeeChangeComments/Recommendation Other NotesNew amount of hours (per staff)Labor Rate Used Fee CalculationOccupancyCertificate of Occupancy / each (multifamily / Commercial only)Increase $53.50 $54.00 $0.50Penalty Incorrect address / location given by applicant / per tripIncrease $53.50 $54.00 $0.50Premature inspection all (work not ready) / per tripIncrease $53.50 $54.00 $0.50Reinspection other than entitled calls / per tripDecrease $80.30 $80.00($0.30)Occupancy Certificate of Occupancy / each (multifamily / Commercial only)Increase $53.50 $54.00 $0.50Penalty Incorrect address / location given by applicant / per tripIncrease $53.50 $54.00 $0.50Premature inspection all (work not ready) / per tripIncrease $53.50 $54.00 $0.50Reinspection other than entitled calls / per tripDecrease $80.30 $80.00($0.30)Temporary Event Structure Permit and Inspection / per hourNew $0.00 $119.00 $119.00NBS Fee Studycurrent = 12,235projected = 12,852This fee has always been charged, it was missed in the initial update.1 $ 119 $ 119 Simple M, P, E Single or Combination PermitsIncrease $59.00 $89.00 $30.00Simple Mechanical Items Increase $59.00 $89.00 $30.00Simple Plumbing Items Increase $59.00 $89.00 $30.00Simple Electrical Items ‐Systems Increase $59.00 $89.00 $30.00Simple Electrical Items ‐ Units Increase $59.00 $89.00 $30.00Complex Mechanical Stand Alone Permits ‐Onsite Sewer 6" & Over (per lineal ft)Decrease $12.00 $1.58($10.42)NBS Government Finance Group Fee Study calculation ‐ includes time to physical inspectThe amount time to complete the inspection was adjusted.0.0134 $ 118 $ 1.58 Complex Mechanical Stand Alone Permits ‐Onsite Water 6" & Over (per lineal ft)Decrease $12.00 $1.58($10.42)NBS Government Finance Group Fee Study calculationThe amount time to complete the inspection was adjusted.0.0134 $ 118 $ 1.58 Complex Mechanical Stand Alone Permits ‐Onsite Storm Drain 6" & Over (per lineal ft)Decrease $12.00 $1.58($10.42)NBS Government Finance Group Fee Study calculationThe amount time to complete the inspection was adjusted.0.0134 $ 118 $ 1.58 Penalty Incorrect address / location given by applicant / per tripIncrease $53.50 $54.00 $0.50Premature inspection all (work not ready) / per tripIncrease $53.50 $54.00 $0.50Reinspection other than entitled calls / per tripDecrease $80.30 $80.00($0.30)Minor Revised exhibit / hourly rateNew $0.00 $168.00 $168.00Based on the File Stuffer rate in NBS Study.0.75 $ 119 $ 89.00 2019 NBS Fee Study. Majority Implemented in 2021 Update.These fees under "Other Fees related to Mechanical, Plumbing and Electrical"2019 NBS Fee Study. Majority Implemented in 2021 Update.These fees under "Other Fees related to New Construction, Commercial Tenant Improvements & Residential Additions"2019 NBS Fee Study. Majority Implemented in 2021 Update.These fees under "Other Fees related to Miscellaneous Items"Mechanical Plumbing and Electrical ‐ Stand Alone ProjectsNBS Fee Study. (2019 study plus 1% 2021 CPI)These corrections are based on the fee study, they were missed in the initial update.These corrections are based on the fee study, they were missed in the initial update.The amount time to complete the inspection was adjusted.These corrections are based on the fee study, they were missed in the initial update.1 MASTER FEE SCHEDULE SUBMISSION SUMMARY FY 2022DepartmentMFSFee DescriptionMFSFee DetailMFSNotesType of ChangeCurrentFeeNewFeeFeeChangeComments/Recommendation Other NotesNew amount of hours (per staff)Labor Rate Used Fee CalculationModerate Revised exhibit (minor) / per request (no routing or limited routing for unsubstantial changes to Fire or DPW only required) minor Moderate RE includes: Reapplication fee for subsequent owners, Fences on a single‐family reversed corner lot, Large‐family day‐care home (FMC 12‐306‐N‐42) Plus hourly consulting fee as required (all amendments) 1 hour minimum*Text/Increase$492.00$532.00 $40.00Based on NBS Study Revised exhibit (minor)Focus ‐ minimum deposit Decrease $67,421.00 $23,188.00($44,233.00)124 $ 187 $ 23,188 Program ‐ minimum deposit Decrease $97,448.00 $45,815.00($51,633.00)245 $ 187 $ 45,815 Planned Development ‐ StandaloneIncrease $9,325.00 $11,610.00 $2,285.00 NBS Consultant Fee StudyThis correction is based on the fee study, it was missed in the initial update.Miscellaneous Items including remodels, minor alterationsResidential Tract Update ReviewNew $0.00 $327.00 $327.00 NBS Consultant Fee StudyThis correction is based on the fee study, it was missed in the initial update.3 $ 109 $ 327 Builidng Building Plan Check ‐ Offsite Improvements Planning ReviewREVISED: Building Plan Check ‐ Offsite Improvement, Commercial $300, Residential $373 (Public Works Fees) ADD: Building Plan Check ‐ Planning Review, Commercial $47.00, Residenatil $284Text/NewCommercial $0 Residential $0Commercial $47 Residential $284 $280Commercial $47 Residential $284 $280NBS Consultant Fee StudyThe fee was inadvertantly change during the last Master Fee Schedule Update, it is a Public Works fee that should revert back to the original fee. We are also asking to add a fee, Building Plan Check ‐ Planning Review for Commercial and Residential that was included in the Master Fee Study. Environmental Impact Report (EIR)Calculation for deposits based on staff hours.Conditional Use Permit (CUP)Adopting a new levels of review for CUPs to offer greater flexibility for handling customer requests.(See attached calulation)2 870 Market Street, Suite 1223 San Francisco, CA 94102 Toll free: 800.434.8349 Fax: 415.391.8439 nbsgov.com M E M O To: Jennifer K. Clark, Director Planning and Development Department, City of Fresno From: NBS – Nicole Kissam, Director, NBS Government Finance Group Date: February 5, 2021 Re: REVIEW AND LETTER OF CONCURRENCE TO THE PROPOSED 2021 REVISIONS OF SELECT PLANNING AND DEVELOPMENT FEES In 2019, NBS completed a comprehensive Master Fee Study for the Planning and Development Department (Department). Over the past two weeks, the Department sent us some suggested revisions to existing fees previously included in the Study, as well as a request to establish a few miscellaneous fees that were not studied in 2019. By industry standards, a comprehensive analysis such as the one NBS completed in 2019 is necessary every five years or so. It is common for our clients to make interim / annual updates utilizing the fully burdened hourly rates calculated in our studies, and to make minor adjustments to assumptions such as the estimated or actual time required to complete individual fee for service activities. When the need arises to add a new fee, the fee calculation should be based on the fully burdened hourly rate multiplied by the time required to complete the fee for service. We reviewed the suggested fee schedule revisions and have discussed them with Department staff to ensure mutual understanding about the requirements needed to ensure the revisions are reasonable and in compliance with the approach of the 2019 Study. We agree that the revisions are consistent with the practices used in the 2019 Study. Staff has done a great job applying industry standard approaches to updating their Master Fee Schedule for the upcoming year. Thank you for the opportunity to assist the City with these important cost recovery tools and policies. City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 21-496,Version:1 REPORT TO THE CITY COUNCIL April 28, 2021 FROM:LUPE PEREZ, Director Economic Development Department BY:DANIEL ZACK, Assistant Director Economic Development Department SUBJECT Workshop - Downtown Fresno Partnership Annual 2020 Report RECOMMENDATION Staff recommends Council receive this 2020 Annual Report. EXECUTIVE SUMMARY This is a presentation of the Downtown Fresno Partnership Annual 2020 Report to City Council. BACKGROUND The Downtown Fresno Partnership was established in 2011, and renewed in 2016 for a term of seven (7) years. It is a Property-based Business Improvement District (PBID) that was organized for the improvement of approximately 350 acres in the core of the Downtown area. Property owners within the boundaries of the DFP pay an annual assessment in exchange for services over and above those provided by the City, including security, janitorial services, the organization of public events and festivals and marketing and promotion of Downtown businesses. ENVIRONMENTAL FINDINGS This item is not a project as defined by the California Environmental Quality Act. LOCAL PREFERENCE Local preference was not implemented because this item does not include an award of a service or construction contract. City of Fresno Printed on 4/21/2021Page 1 of 2 powered by Legistar™ File #:ID 21-496,Version:1 FISCAL IMPACT There is no net City cost associated with this presentation to Council. Attachment:2020 Annual Report City of Fresno Printed on 4/21/2021Page 2 of 2 powered by Legistar™ ANNU A L R E P O R T 2 0 2 0 J I M M Y C E R R A C C H I O PRESIDENT/CEO D A N I E L G R I F F I T H PROGRAM MANAGER ERIN P A Z EVENT COORDINATOR C OUR TNE Y R A M I R E Z BUSINESS DEVELOPMENT COORDINATOR YIA Y ANG CLEAN TEAM AMBASSADOR/EVENTS & PROMOTIONS ASSISTANT LEE B L A C K W ELL CLEAN TEAM AMBASSADOR B R I A N K E L L E Y CLEAN TEAM AMBASSADOR/HOMELESS OUTREACH J A C K I E S H A B A Z CLEAN TEAM AMBASSADOR HIL A R Y H A R O N CHAIR,HARON JAGUAR J E S S I C A R O U S H VICE CHAIR,T.W.PATTERSON BUILDING S C O T T A N D E R S O N SECRETARY,THE PENSTAR GROUP BHA V N E E T G I L L TREASURER,UNITED SECURITY BANK N A T H A N AHLE FRESNO CHAMBER OF COMMERCE R I C H A R D C A G L I A WARNORS THEATRE C H A N N E L L E C H A R E S T BITWISE INDUSTRIES ANA L I L I A DE A L B A LOS PANCHOS MEXICAN RESTAURANT E D W ARD D .F ANUC CHI QUINLAN,KERSHAW &FANUCCHI,LLC DEREK F R A N K S FRESNO GRIZZLIES B O B G U R F I E L D PROPERTY OWNER C A S S E Y J A M E S ROOT S E V A K KHA T C H A D O U R I A N PACIFIC SOUTHWEST BUILDING K YLE K I R K L AND CLUB ONE CASINO C O N R A D MOORE CENTRAL VALLEY COMMUNITY BANK M A R L E N E M U R P H E Y SUCCESSOR AGENCY TO THE FRESNO REDEVELOPMENT AGENCY W I L M A Q U A N CITY OF FRESNO J E A N R O U S S E A U FRESNO COUNTY A S H L E Y W EBS TER THE BUSINESS JOURNAL J A YNI W ONG PROPERTY OWNER E STANISLAUS ST MERCED ST TULARE ST VANNESSAVEMONO ST VENTURA STHSTVANNESSAVEHSTHST HSTGSTGSTFSTFSTFSTFRESNO ST TUOLUMNE ST INYO ST VENTURA ST TULARE ST MARIPOSA ST KERN ST BROADWAY STTUOLUMNE ST E STANISLAUS ST CALAVERAS ST SAN JOAQUIN ST AMADOR ST FULTONSTLSTMSTMSTMSTNSTNSTOSTOSTPSTTUOLUMNE ST MERCED ST FRESNO ST TULARE ST CALAVERAS ST SANTAFEAVEQSTNSTBROADWAY STVENTURA ST SANTA CLARA ST FRESNO ST LSTKERN STPSTOST CAPITOL STNST INYO STLSTCONGOALLEYMARIPOSAST MO NO ST INYO ST FULTONSTZ O N E M A P Z ONE 1 Z ONE 2 Z ONE 3 B U S I N E S S D E V E L O P M E N T 2 2 NEW BUSINESSES 1 5 OPENED 7 LEASED 1 5 SITES 1 GRAND OPENING 7 9 TOTAL SENT 2 6 ,3 7 9 SUCCESSFUL DELIVERIES 8,671 CLICKS 12.8 % OPEN RATE B U S I N E S S D E V E L O P M E N T C ONT . WHAT'S OPEN TAKEOU T/O U TDOOR DINING PAGE COVID-19 R ESOU RCE S PAGE 6 1 APPLICANTS 1 2 BUSINESS PLANS 9 FINALISTS 5 WINNERS 5 PROPE RT Y/ LOCATION ASSISTS 5 9 BUSINESSES SUPPLIED $10K GRAND PRIZE WINNER FIG &HONEY 9 OUTDOOR DINING GRANTS ASSISTED 5 GRANTS RECEIVED $125K GRANTS FOR DOWNTOWN BUSINESSES $54K RAISED WITH DONATIONS FROM JP MORGAN CHASE WELLS FARGO CENTRAL VALLEY COMMUNITY FOUNDATION 3 1 AWARDED BUSINESSES $1 K TO$2K AWARD AMOUNTS RANGE B U S I N E S S D E V E L O P M E N T 59 NEW BUSINESSES 125 TOTAL SENT 2 94,462 SUCCESSFUL DELIVERIES 2018 -2020 $121,000 Direct Cash Grants $125,000 Grants Assisted 67 PROPE RT Y/ LOCATION ASSISTS 1 0 GUESTS 1 3 R ELEASES 2 9 POSITIVE S T ORIES SHARED M A R K E T I N G NEW BRANDING MASK UP CENTRAL VALLEY STREET POLE BANNERS GOOGLE AD GRANT 2020 51K IMPRESSIONS 5200 CLICKS $18K VALUE 2019 69K IMPRESSIONS 7090 CLICKS $13.5K VALUE 3 ,240 IMPRESSIONS 826 ,108 IMPRESSIONS 1,599,538 IMPRESSIONS 483,683 IMPRESSIONS 2 ,466 IMPRESSIONS 259,550 PAGEVIEWS 134 ,97 7 SESSIONS 112 ,4 0 1 NEW USERS T R AF F IC 110 ,690 USERS LOCATIONS NON -C ALI F ORNI A VIRGINIA 1.65% ILLINOIS 1.30% TEXAS 1.25% OREGON 0.98% ARIZONA 0.59% CALIFORNIA FRESNO 47.98% SAN FRANSISCO 8.78% CLOVIS 6.81% SACRAMENTO 6.30% LOS ANGELES 2.24% SANTA CLARA 2.11% REEDLEY 1.79% MADERA 1.54% ROSEVILLE 1.41% VISALIA 1.37% E V E N T S Downtown Fresno Partnership and Downtown Fresno Foundation purchased a re-usable artificial Christmas Tree and displayed it at Mariposa Plaza between November 14, 2020, and January 10, 2021.The tree was popular for social media photos and will be used every holiday season going forward. CART HOP MARKET ON KERN STATE OF DOWNTOWN : DOWNTOWN BUSINESS SPOTLIGHT PRESHOW STATE OF DOWNTOWN MERCADO SAZON (MARKET AT ARTE AMERICAS) ARTHOP BREWERY/ BAR POP -UPS DOWNTOWN CLEAN-UP EVENTS TEEZY RADIO DJ SET AT QUAIL STATE INSTAHOP LIVE VOTE SO HARD WITH BITWISE AND TAKE 3 11 23 1 1 2 1 3 1 1 1 1 ,000 2 ,300 1 ,2 7 1 5 ,116 600 250 280 600 500 100 85 CVTS GUESTS 40 R ELEASES 447 POSITIVE S TORIES SHARED M A R K E T I N G & E V E N T S 6.9 M SOCIAL MEDIA IMPRESSIONS 5 59,550 PAGEVIEWS 429 ,97 7 SESSIONS 223,700 USERS 1.4 M DIGITAL AD IMPRESSIONS 2018 -2020 241 EVENTS PRODUCED 130,302 VISITORS K E Y EFF O R T S I N C L U D E : ENV I R O N M E N T A L INCREASING PRIVATE SECURITY PATROL HOURS BACK TO 8 HOURS PER NIGHT (ZONES 2 &3)SECURING LOCKABLE DUMPSTERS (ZONES 2 &3) PATROLLING,MONITORING, AND COORDINATING RESPONSES FOR ENCAMPMENTS, TRASH BUILD-UP,GRAFFITI, BREAK -INS,AND VANDALISM (ALL ZONES) COORDINATING COMMUNIC AT I O N WITH POLICE & STAKEHOLDERS IN RESPONSE TO CRIMINAL ACTIVITY AND CONCERNS ABOUT CIVIL UNREST HOMELESS OUTREACH AIMED AT CONNECTING HOMELESS INDIVIDUALS WITH AVAILABLE SERVICE AGENCIES WHILE HELPING TO REMOVE THEM FROM PRIVATE PROPERTY (LAUNCHED JUNE 2020,ALL ZONES) 50 STREET CANS MAINTAINED AND REPAIRED CONTRACTED WITH MID -VALLEY DISPOSAL TO MAINTAIN 40 STREET CANS IN ZONE 2 (AMADOR TO INYO STREETS),AND 10 STREET CANS IN ZONE 1 (KERN STREET) SECURITY ROUNDTABLE MEETINGS CLEAN &GREEN COMMITTEE MEETINGS STAKEHOLDER MEETINGS FOCUSED ON HOMELESSNESS ADDITIONAL PARK MOBILE APP METERS WERE INSTALLED ALONG FULTON ST. PRIVATE SECURITY INCIDENT RESPONSES 7 DAYS A WEEK 8 HOURS PER NIGHT 10PM-6AM 9 7 1 1 2 5 2 BAGGING METERS COORDINATED WITH THE CITY TO DESIGNATE ON STREET PARKING IN FRONT OF RESTAURANTS AS A PICK-UP ZONE FOR TAKEOUT CUSTOMERS. ENV I R O N M E N T A L C ONT . 1,650 GRAFFITI REMOVED & REPORTED 134 VANDALISM/BREAK-INS 57 ILLEGAL DUMPING REPORTED 18 MATRESSES IN ALLEY 66 TRESPASSING 61 DUMPSTERS LOCKED 61 OUT OF 77 58 HOMELESS OUTREACH CONTACTS MADE 52 HOMELESS OUTREACH ASSISTS 1 8 K + POUNDS OF TRASH REMOVED VS.13.5K IN 2019 E N V I R O N M E N T A L 44,650 lbs . Trash Removed 2018 -2020 8,669 Graffiti Removed $191,013 Spent $69,923 Spent A D M I N I S TRA T I O N THE BOARD OF DIRECTORS FILLED VACANCIES BRINGING THE TOTAL NUMBER OF MEMBERS UP TO A FULL 20 SEATS A BOARD AND STAKEHOLDER MIXER WAS HELD AT MODERNIST CRAFT COCKTAIL BAR ON FEBRUARY 25,2020,IN ORDER FOR BOTH DOWNTOWN FRESNO PARTNERSHIP BOARD MEMBERS,DOWNTOWN FRESNO FOUNDATION BOARD MEMBERS,AND STAKEHOLDERS TO MEET,SHARE IDEAS,AND DISCUSS THEIR ROLES IN MOVING DOWNTOWN FORWARD. UPDATING ONLINE INFORMATION FOR OPEN BUSINESSES DISTRIBUTING INFORMATION FOR AND ASSISTING WITH APPLICATIONS INCLUDING ACCESS TO GRANTS,EMERGENCY LOANS, PUBLIC SAFETY,AND UPDATES TO STATE EMERGENCY ORDERS PROMOTION AND INFORMATION DISTRIBUTION THROUGH SOCIAL MEDIA,ONLINE PROMOTION, AND MEDIA OUTREACH PPE DISTRIBUTION COORDINATING INFORMATION SHARING AND RESPONSES BETWEEN THE CITY OF FRESNO,POLICE,PRIVATE SECURITY, BUSINESSES,FINANCIAL INSTITUTIONS,AND OTHERS D O W N T O W N F R E S N O F OUND A T I O N Downtown Fresno Foundation pivoted its efforts in Spring 2020 toward helping mitigate the impact of the COVID-19 pandemic. $9K RAISED FOR COMM UNIT Y REGIONAL MEDICAL CENTER THROUGH T-SHIRT SALES $54K RAISED TO FUND RE-START GRANTS $15K CONTRIBUTED TO CHRISTMAS TREE AT MARIPOSA PLAZA 36 STUDENTS 3 CLASSES COMPL E TED $5K CONTRIBUTED IN GRANTS TOWARDS DOWNTOWN PARKLETS BUSINESS DEVELOPMENT & MARKETING BUSINESS TO BUSINESS CAMPAIGN CREATE HERE/ STAY HERE GRANTS FACADE GRANTS DEVELOPER SUPPORT COVID INFO DISTRIBUTION CONNECT BUSINESSES WITH FINANCIAL/ TECHNICAL SUPPORT BUSINESS TO CONSUMER COMPAIGN EVENTS MARKET ON KERN OPENING DAY MARIPOSA PLAZA EVENTS CHRISTMAS PARADE FRESYES/ FULTON STREET PARTY WEEKNIGHT MARKET ENVIRONMENTAL ADDITION OF ZONE 1 SPOT CLEANING QUARTERLY CLEAN -UP EVENTS POWER WASHING HOMELESS MITIGATION & OUTREACH ADOPT -A-PLANTER ADOPT -AN-ALLEY ADMINISTRATION PBID RENEWAL REDUCE ADMIN EXPENSES THANK YOU City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 21-586,Version:1 REPORT TO THE CITY COUNCIL April 28, 2021 SUBJECT Workshop - City of Fresno Homeless/Housing Strategy City of Fresno Printed on 4/21/2021Page 1 of 1 powered by Legistar™ City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 21-545,Version:1 CLOSED SESSION ITEM April 28, 2021 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) Case Name: Bruce Batti v. City of Fresno, et al. Fresno County Superior Court Case No.: 18CECG04427 (PARCS) City of Fresno Printed on 4/21/2021Page 1 of 1 powered by Legistar™ City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 21-546,Version:1 CLOSED SESSION ITEM April 28, 2021 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Government Code Section 54956.9, subdivision (d)(1) Case Name: Temujin Bustos v. City of Fresno, et al. United States District Court Case No.: 1:20-CV-00066 (Police Department) City of Fresno Printed on 4/21/2021Page 1 of 1 powered by Legistar™ City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 21-551,Version:1 CLOSED SESSION ITEM April 28, 2021 SUBJECT CONFERENCE WITH LEGAL COUNSEL - DECIDING WHETHER TO INITIATE LITIGATION Government Code Section 54956.9, subdivision (d)(4) Case Name: Action for declaratory relief:City of Fresno v. Friant Water Authority City of Fresno Printed on 4/21/2021Page 1 of 1 powered by Legistar™ City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 21-557,Version:1 CLOSED SESSION ITEM April 28, 2021 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION or DECIDING WHETHER TO INITIATE LITIGATION; Government Code Section 54956.9, subdivision (d)(2); (d)(4); Shelly Carter v. City of Fresno (Code Enforcement) City of Fresno Printed on 4/21/2021Page 1 of 1 powered by Legistar™ City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 21-558,Version:1 CLOSED SESSION ITEM April 28, 2021 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION or DECIDING WHETHER TO INITIATE LITIGATION; Government Code Section 54956.9, subdivision (d)(2); (d)(4); City of Fresno v. Devil Delights, BlackHorse, Dummy Clouds, etc. (Code Enforcement) City of Fresno Printed on 4/21/2021Page 1 of 1 powered by Legistar™ City of Fresno Legislation Text 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 21-495,Version:1 CLOSED SESSION ITEM April 28, 2021 SUBJECT CONFERENCE WITH LABOR NEGOTIATORS - Government Code Section 54957.6 City Negotiators: Jeffrey Cardell Employee Organizations: 1.International Union of Operating Engineers, Stationary Engineers, Local 39 (Local 39); 2. Fresno City Employees Association (FCEA); 3. Fresno Police Officers Association (FPOA Basic); 4. International Association of Firefighters, Local 753, Unit 5 (Fire Basic); 5. Amalgamated Transit Union, Local 1027 (ATU); 6. International Brotherhood of Electrical Workers, Local 100 (IBEW); 7. Fresno Police Officers Association (FPOA Management); 8. International Association of Firefighters, Local 753, Unit 10 (Fire Management); 9. City of Fresno Professional Employees Association (CFPEA); 10. City of Fresno Management Employees Association (CFMEA); 11. Operating Engineers, Local Union No. 3, Fresno Airport Public Safety Supervisors (FAPSS); 12. Operating Engineers, Local Union No. 3, Fresno Airport Public Safety Officers (FAPSO); 13. City of Fresno Printed on 4/21/2021Page 1 of 1 powered by Legistar™