HomeMy WebLinkAbout2023-02-09 Council Agenda PacketCity of Fresno
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov Presented to City Council
Date 2/9/2023
Dispositi,on MK/AP 7-0
Meeting Agenda -Final-revised
Thursday, February 9, 2023
9:00 AM
Regular Meeting
Council Chambers (In Person and/or Electronic)
City Council
President -Tyler Maxwell
Vice President -Annalisa Perea
Councilmembers:
Mike Karbassi, Miguel Angel Arias, Luis Chavez,
Garry Bredefeld, Nelson Esparza
City Manager -Georgeanne A. White
City Attorney -Andrew Janz
City Clerk -Todd Stermer, CMC
APPROVED AS AMENDED
February 9, 2023CityCouncilMeetingAgenda -
Final-revised
THE FRESNO CITY COUNCIL WELCOMES YOU TO CITY COUNCIL CHAMBERS,
LOCATED IN CITY HALL, 2ND FLOOR, 2600 FRESNO STREET, FRESNO,
CALIFORNIA 93721.
You can 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.
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 comment on agenda items and those
comments will become part of the official record. eComments will be available as
soon as the agenda is published and will close 24 hours prior to the start of the
meeting. 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: February 9, 2023, 9:00 AM Pacific Time (US and Canada)
Topic: February 9, 2023, Regular Meeting
a) Register in advance for this webinar:
https://zoom.us/webinar/register/WN_xNGLaWlaSSWniq6wVCY-Qw
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.
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.
Page 2CityofFresno ***Subject to Mayoral Veto
February 9, 2023CityCouncilMeetingAgenda -
Final-revised
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.
Pursuant to Rule 11 (c) of the Rules of Procedure for the City Council of the City of
Fresno, no documents shall be accepted for Council review unless submitted to the
City Clerk at least 24 hours prior to the Council Agenda item be heard.
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.
The City of Fresno’s goal is to comply 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.
Page 3CityofFresno ***Subject to Mayoral Veto
February 9, 2023CityCouncilMeetingAgenda -
Final-revised
9:00 A.M. ROLL CALL
Invocation by Dr. Sigrid Horton, Assistant Minister from Our Saviour’s Lutheran Church
Pledge of Allegiance to the Flag
APPROVE AGENDA
CEREMONIAL PRESENTATIONS
Proclamation for “Mid Valley - Recycler of The Year”ID 23-265
Sponsors:Vice President Perea
Proclamation for “Heart Month”ID 23-151
Sponsors:Council President Maxwell
Proclamation for “Teen Dating Violence Awareness Month.”ID 23-158
Sponsors:Council President Maxwell
Proclamation for “African American History Month: Black
Resistance a Journey to Equality”
ID 23-185
Sponsors:Councilmember Esparza
Announcement of Winter Employee of the Quarter (EOQ)
Recipients
ID 23-160
Sponsors:Office of the City Clerk
COUNCILMEMBER REPORTS AND COMMENTS
MAYOR/MANAGER REPORTS AND COMMENTS
UNSCHEDULED COMMUNICATION
PLEASE NOTE: UNSCHEDULED COMMUNICATION IS NOT SCHEDULED FOR A
SPECIFIC TIME AND MAY BE HEARD ANY TIME DURING THE MEETING
1. CONSENT CALENDAR
Approval of Minutes for January 19, 2023, RegularMeetingID23-1611.-A.
Sponsors:Office of the City Clerk
Page 4CityofFresno ***Subject to Mayoral Veto
February 9, 2023CityCouncilMeetingAgenda -
Final-revised
RESOLUTION - Adopting the 575th Amendment to the
Master Fee Schedule Resolution No. 80-420 to Add, Adjust,
Move, Revise or Delete Various Fees (Subject to Mayor’s
veto).
ID 23-1061.-B.
Sponsors:Budget and Management Studies Department
Approve the appointment of Isaiah Green (Resident of District
4) to the Fresno Housing Authority for a term ending April 30,
2026.
ID 23-2281.-C.
Sponsors:Office of Mayor & City Manager
Approve the Second Amendment to the Animal Control
Services Agreement between the City of Fresno and Fresno
Humane Animal Services to allow the City to advance a
second one-time payment of $300,000 for a total of $600,000
for future reimbursements (cash account.)
ID 23-2501.-D.
Sponsors:Office of Mayor & City Manager
Approve a consultant services agreement with RS&H
California, Inc., to provide professional airport planning and
environmental consulting services to prepare and implement
an Air Traffic Control Tower Replacement Work Plan for
Fresno Yosemite International Airport in the amount of
362,585 (Council District 4)
ID 23-2191.-E.
Sponsors:Airports Department
Approve a consultant services agreement with JSA
Inspections & Consulting in an amount not to exceed
200,000, to provide professional inspection, testing, and
consultant services for potentially hazardous materials
lead-based paint and asbestos containing materials) as well
as supervision of removal of hazardous materials for
demolitions of dangerous structures conducted by Code
Enforcement
ID 23-2311.-F.
Sponsors:City Attorney's Office
Approve an award of $1,500,0000 in American Rescue Plan
Act (ARPA) funding to the Fresno Area Hispanic Foundation
FAHF) and authorize City Manager or designee to negotiate
ID 23-1111.-G.
Page 5CityofFresno ***Subject to Mayoral Veto
February 9, 2023CityCouncilMeetingAgenda -
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and sign an agreement for services.
Sponsors:Economic Development Department
Actions pertaining to the agreement with the Economic
Development Corporation serving Fresno County (EDC) to
assist in implementing and administering local economic
development business attraction, expansion and retention
activities:
1.Affirm the City Manager's finding that EDC is uniquely
qualified and the sole source provider of these services; and
2.Approve a Consultant Services Agreement with the EDC
for a period of one (1) year in the amount of $150,000; and
3.Authorize the City Manager, or their designee, the
authority to execute the contract and grant up to two (2)
optional one-year extensions.
ID 23-2411.-H.
Sponsors:Economic Development Department and Office of Mayor &
City Manager
RESOLUTION - Authorize the acceptance of 2021 Staffing
for Adequate Fire and Emergency Response (SAFER) grant
award for $7,246,600 from the Federal Emergency
Management Agency (FEMA) and authorize the Fire Chief to
complete all required documents (Subject to Mayor’s Veto)
ID 23-1551.-I.
Sponsors:Fire Department
Approve an increase to the Requirements Contract with
American Guard to provide Security Services at the Municipal
Service Center, City Hall, and various other city locations in
the amount of $500,000 plus annual CPI increases. The total
revised contract shall not exceed $7,366,088.38 plus annual
CPI adjustments without Council approval. (Bid File 9494)
ID 23-2241.-J.
Sponsors:General Services Department
Approve Consultant Services Agreement with Byrne Software
Technologies, Inc. (Byrne) in an amount not to exceed
70,000 for Cannabis Module Implementation Services.
ID 23-491.-K.
Sponsors:Information Services Department
Page 6CityofFresno ***Subject to Mayoral Veto
February 9, 2023CityCouncilMeetingAgenda -
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Approve Project Change Request to the agreement with
Tyler Technologies for implementation and hosting of
Financials, Human Capital Management and Utility Billing
software. No additional funding is requested.
ID 23-501.-L.
Sponsors:Information Services Department
Approve a cooperative purchase agreement with DLT
Solutions using a Maricopa County, AZ contract through
OMNIA Partners for support services for Oracle databases in
the amount of $368,176.56.
ID 23-2261.-M.
Sponsors:Information Services Department
Approve resolution establishing a Community Benefits Fund
CBF) and expenditure plan to fund mitigation improvements
required in the settlement agreement with the South Fresno
Community Alliance (SFCA) and Leadership Counsel for
Justice and Accountability (LCJA).
ID 23-911.-N.
Sponsors:Planning and Development Department
RESOLUTION - Approving the Final Map of Tract No. 5388,
and accepting dedicated public uses offered therein except
for dedications offered subject to City acceptance of
developer installed required improvements - located at the
intersection of North Salinas Avenue and West San Jose
Avenue (Council District 2)
ID 23-1541.-O.
Sponsors:Public Works Department
RESOLUTION - Of Intention to Annex Final Tract Map No.
6299 as Annexation No. 137 to the CITY OF FRESNO
COMMUNITY FACILITIES DISTRICT NO. 11 and to
Authorize the Levy of Special Taxes; and setting the public
hearing for Thursday, March 30, 2023 at 10:00 am
southeast corner of East Belmont Avenue and North
Armstrong Avenue) (Council District 5)
ID 23-1951.-P.
Sponsors:Public Works Department
RESOLUTION - Of Intention to Annex Final Tract Map No.
6299 as Annexation No. LS003 to the City of Fresno
Community Facilities District No. 17 and to Authorize the Levy
ID 23-1961.-Q.
Page 7CityofFresno ***Subject to Mayoral Veto
February 9, 2023CityCouncilMeetingAgenda -
Final-revised
of Special Taxes; and setting the public hearing for
Thursday, March 30, 2023 at 10:05 am (southeast corner of
East Belmont Avenue and North Armstrong Avenue) (Council
District 5)
Sponsors:Public Works Department
Approve the Second Amendment to the Consultant Services
Agreement with UltraSystems Environmental Inc., of Irvine,
California in the amount of $32,716, for a total increased
contract amount of $146,269, for professional environmental
services and preparation of technical memos for the McKinley
Avenue Widening Project between Marks Avenue and
Hughes Avenue (Council District 3)
ID 23-1971.-R.
Sponsors:Public Works Department
RESOLUTION - Authorizing submission of a 2022 Urban
Community Drought Relief Grant Program application to the
California Department of Water Resources for the Expanded
Lawn to Garden Water Conservation Rebate Program, and
authorizing the Director of Public Utilities or designee to
accept grant funds and execute all application and grant
agreement documents on behalf of the City of Fresno
Citywide) (Subject to Mayor’s Veto)
ID 23-2131.-S.
Sponsors:Department of Public Utilities
Actions pertaining to the submission of grant applications for
the Environmental Protection Agency (EPA) Grant Program:
1.***RESOLUTION - Authorizing the submission of a
Consumer Recycling Education and Outreach Grant Program
application to the EPA for the development and execution of
an education and outreach plan and authorizing the Director
of Public Utilities or designee to accept grant funds and
execute all application and grant agreement documents on
behalf of the City of Fresno (Citywide) (Subject to Mayor’s
Veto)
2.***RESOLUTION - Authorizing the submission of a Solid
Waste Infrastructure for Recycling Grant Program application
to the EPA for the purpose of purchasing side loader
collection trucks and cameras, and authorizing the Director of
ID 23-2151.-T.
Page 8CityofFresno ***Subject to Mayoral Veto
February 9, 2023CityCouncilMeetingAgenda -
Final-revised
Public Utilities or designee to accept grant funds and execute
all application and grant agreement documents on behalf of
the City of Fresno (Citywide) (Subject to Mayor’s Veto)
Sponsors:Department of Public Utilities
Approve the Third Amendment to the consultant services
agreement with Carollo Engineers, Inc., to extend the term of
the contract from January 31, 2023, to December 31, 2023,
for professional engineering services during construction for
the Fresno-Clovis Regional Wastewater Reclamation Facility
Waste Gas Flare Improvement Project (Council District 3)
ID 23-2271.-U.
Sponsors:Department of Public Utilities
Approve the reappointment of Edward Saliba to the
Fresno-Madera Area Agency on Aging Board for a term
ending January 2, 2024.
ID 23-2641.-V.
Sponsors:Councilmember Karbassi
Approve the reappointment of Steven Bradley to the Bicycle
and Pedestrian Advisory Committee (BPAC) for a term ending
February 9, 2026
ID 23-1021.-W.
Sponsors:Councilmember Bredefeld
Approve the appointment of Vivian Del Toro to the Friends of
Fancher Creek Committee to a term which serves at the
pleasure of the Councilmember.
ID 23-1361.-X.
Sponsors:Councilmember Chavez
Approve the appointment of Bryan Bird to the Bicycle and
Pedestrian Advisory Committee (BPAC) for a term ending
February 9, 2026.
ID 23-2421.-Y.
Sponsors:Councilmember Esparza
Resolution authorizing the dissolution of certain Council
created Committees (Subject to Mayor’s Veto)
ID 23-2231.-Z.
Sponsors:Council President Maxwell
RESOLUTION - Amending Rule 2 of the Council Rules of
Procedure Relating to the Election of Council President and
ID 23-1571.
AA.
Page 9CityofFresno ***Subject to Mayoral Veto
February 9, 2023CityCouncilMeetingAgenda -
Final-revised
Vice President
Sponsors:Council President Maxwell
BILL (For Introduction) Ordinance to prohibit the unlawful
possession of catalytic converters (Citywide)
ID 23-2471.
BB.
Sponsors:Council President Maxwell
Actions pertaining to the summary vacation of access right
restrictions on a portion of the northwest corner of East
Copper Avenue and North Maple Avenue (Council District 6):
1.Adopt a finding of Categorical Exemption per
Environmental Assessment Number PW12771 per staff
determination, pursuant to Section 15301, Class 1 (b, c)
Existing Facilities of the California Environmental Quality Act
CEQA) Guidelines
2.***RESOLUTION - Ordering the summary vacation of
access right restrictions on a portion of the northwest corner
of East Copper Avenue and North Maple Avenue (Subject to
Mayor’s Veto)
ID 23-2801.
CC.
Sponsors:Public Works Department
CONTESTED CONSENT CALENDAR
2. SCHEDULED COUNCIL HEARINGS AND MATTERS
10:00 A.M.
Appearance by Kevin Tolman to discuss introduction of
business, number of employees, and what the business does
District 4 Resident)
ID 23-112
Sponsors:Office of the City Clerk
10:01 A.M.
Appearance by Cody Laursen to discuss the introduction of a
company that operates an HP Jet Fusion 5200
industrial-grade printer between Fresno and San Diego
District 4 Resident)
ID 23-140
Sponsors:Office of the City Clerk
Page 10CityofFresno ***Subject to Mayoral Veto
February 9, 2023CityCouncilMeetingAgenda -
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10:02 A.M.
Appearance by Brian Calhoun to discuss status of traffic and
pedestrian safety improvements for W. Audubon Drive
District 2 Resident)
ID 23-147
Sponsors:Office of the City Clerk
10:03 A.M.
Appearance by Mary Padilla to discuss renewing morals and
values (District 2 Resident)
ID 23-221
Sponsors:Office of the City Clerk
3. GENERAL ADMINISTRATION
WORKSHOP - Pavement ManagementPresentationID23-2433.-A.
Sponsors:Public Works Department
4. CITY COUNCIL
5. CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL-EXISTING
LITIGATION
Government Code Section 54956.9, subdivision (d)(1)
Case Name: Thomas Pedro Flores v. City of Fresno, et al.
Fresno Superior Court Case No. 19CECG00219
ID 23-1195.-A.
Sponsors:City Attorney's Office
CONFERENCE WITH LEGAL COUNSEL-EXISTING
LITIGATION
Government Code Section 54956.9, subdivision (d)(1)
Case Name: La-Kebbia Wilson, et al. v. City of Fresno, et al.;
Eastern District Court Case No. 1:19-cv-01658
ID 23-2205.-B.
Sponsors:City Attorney's Office
Page 11CityofFresno ***Subject to Mayoral Veto
February 9, 2023CityCouncilMeetingAgenda -
Final-revised
CONFERENCE WITH LEGAL COUNSEL-EXISTING
LITIGATION Government Code Section 54956.9, subdivision
d)(1) Terance Frazier, et al. v. City of Fresno, et al.; United
States District Court Case No.: 1:20-CV-01069
ID 23-1685.-C.
Sponsors:City Attorney's Office
CONFERENCE WITH LEGAL COUNSEL- POTENTIAL
EXPOSURE TO LITIGATION: Government Code Section
54956.9(d)(2): Central Valley NMTC Fund, LLC., v. City of
Fresno
ID 23-1695.-D.
Sponsors:City Attorney's Office
CONFERENCE WITH LABOR NEGOTIATORS -
Government Code Section 54957.6
City Negotiators: TJ Miller
Employee Organizations:
1. International Union of Operating Engineers, Stationary
Engineers, Local 39 (Local 39); 2. Fresno City Employees
Association (FCEA); 3. Fresno Police Officers Association
FPOA Basic), Unit 4; 4. International Association of
Firefighters, Local 753, Unit 5 (Fire Basic); 5. Amalgamated
Transit Union, Local 1027 (ATU); 6. International
Brotherhood of Electrical Workers, Local 100 (IBEW); 7.
Fresno Police Officers Association (FPOA Management); 8.
International Association of Firefighters, Local 753, Unit 10
Fire Management); 9. City of Fresno Professional
Employees Association (CFPEA); 10. City of Fresno
Management Employees Association (CFMEA); 11.
Operating Engineers, Local Union No. 3, Fresno Airport
Public Safety Supervisors (FAPSS); 12. Operating
Engineers, Local Union No. 3, Fresno Airport Public Safety
Officers (FAPSO)
ID 23-2535.-E.
Sponsors:Office of Mayor & City Manager
ADJOURNMENT
UPCOMING SCHEDULED COUNCIL HEARINGS AND MATTERS
FEBRUARY 23, 2023
Page 12CityofFresno ***Subject to Mayoral Veto
February 9, 2023CityCouncilMeetingAgenda -
Final-revised
10:00 A.M. - HEARING for City of Fresno Community Facilities District No. 11
southwest corner of East Clinton Avenue and North Armstrong Avenue (District 7)
MARCH 30, 2023
10:00 A.M. - HEARING to adopt resolutions and ordinance to annex territory and
levy a special tax regarding City of Fresno Community Facilities District No. 11,
Annexation No. 137 (Final Tract Map No. 6299) (located at the southeast corner of
East Belmont Avenue and North Armstrong Avenue) (Council District 5)
MARCH 30, 2023
10:05 A.M. - HEARING – To adopt Resolutions and Ordinance to annex territory
and levy a special tax regarding City of Fresno Community Facilities District No.
17, Annexation LS003 (Final Tract Map No. 6299) (located at southeast corner of
East Belmont Avenue and North Armstrong Avenue) (Council District 5)
MARCH 30, 2023
10:10 A.M. - HEARING – To adopt Resolutions and Ordinance to annex territory
and levy a special tax regarding City of Fresno Community Facilities District No.
11, Annexation No. 139 (Parc West) (located at northwest corner of West Ashlan
Avenue and North Grantland Avenue) (Council District 1)
MARCH 30, 2023
10:15 A.M. - Proposed vacation of a portion of a 16 foot-wide alley adjacent and
south of Lot 1 and a portion of Lot 2 of Waller Track.
UPCOMING EMPLOYEE CEREMONIES
April 19, 2023 (Wednesday) - Employee of the Spring Quarter
April 26, 2023 (Wednesday) - Employee Service Awards
July 19, 2023 (Wednesday) - Employee of the Summer Quarter
October 18, 2023 (Wednesday) - Employee of the Fall Quarter
November 15, 2023 (Wednesday) - Employee Service Awards
2023 CITY COUNCIL MEETING SCHEDULE
FEBRUARY 16, 2023 - NO MEETING
FEBRUARY 23, 2023 - 9:00 A.M.
MARCH 02, 2023 - NO MEETING
Page 13CityofFresno ***Subject to Mayoral Veto
February 9, 2023CityCouncilMeetingAgenda -
Final-revised
MARCH 09, 2023 - 9:00 A.M.
MARCH 16, 2023 - NO MEETING
MARCH 23, 2023 - NO MEETING
MARCH 30, 2023 - 9:00 A.M.
APRIL 06, 2023 - NO MEETING
APRIL 13, 2023 - NO MEETING
APRIL 20, 2023 - 9:00 A.M.
APRIL 27, 2023 - 9:00 A.M.
Page 14CityofFresno ***Subject to Mayoral Veto
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-265 Agenda Date:2/9/2023 Agenda #:
CEREMONIAL PRESENTATION
Proclamation for “Mid Valley - Recycler of The Year”
City of Fresno Printed on 2/10/2023Page1of1
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2/9/2023
Presented
CITY OF FRESNO
Office of Council Vice President Annalisa Perea
Dutch Bros Company
Is hereby presented in honor of:
Mid Valley’s Recycler of the Year Award
WHEREAS, Mid Valley Disposal makes it a priority to honor local businesses for their outstanding
recycling efforts with the “Recycler of the Year” Award; and
WHEREAS, Dutch Bros Company was established in 1992 with a focus on a community connection
one cup of coffee at a time. Dutch Bros located at 1831 East McKinley Fresno, California
established and embraced a comprehensive and collaborative recycling and organic waste diversion
program; and
WHEREAS, Dutch Bros on East McKinley has had consistently clean, full, contamination-free recycling
bins every time Mid Valley Disposal has made a site visit and go above and beyond in their recycling
efforts; and
WHEREAS, through constant communication with Mid Valley Disposal, the Dutch Bros team was
able to ensure a 100% waste diversion and zero contamination program thus ensuring all organic
material can be diverted from landfills and turned into compost.
NOW, THEREFORE BE IT RESOLVED, that the City of Fresno Mayor and City Council
honor Dutch Bros on East McKinley and their dedication to the community through service and
sustainability and the well-being of the community they serve, and in recognition, do hereby
proclaim February 9th, 2023, to be:
DUTCH BROS COFFEE ON McKINLEY DAY”
in the City of Fresno
IN WITNESS WHEREOF, we have hereunto set our hands and affixed
the seal of the City of Fresno, California, on this 9th day of February 2023.
JERRY P. DYER, Honorable Mayor
TYLER MAXWELL, Council President
GARRY BREDEFELD, Councilmember District 6
NELSON ESPARZA, Councilmember District 7
ANNALISA PEREA, Council Vice President
MIKE KARBASSI, Councilmember District 2
MIGUEL ARIAS, Councilmember District 3
LUIS CHAVEZ, Councilmember District 5
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-151 Agenda Date:2/9/2023 Agenda #:
CEREMONIAL PRESENTATION
Proclamation for “Heart Month”
City of Fresno Printed on 2/10/2023Page1of1
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2/9/2023
Presented
CITY OF FRESNO
JERRY DYER, Honorable Mayor TYLER MAXWELL, Council President
ANNALISA PEREA, Council Vice President MIKE KARBASSI, Councilmember, District 2
MIGUEL ARIAS, Councilmember, District 3 LUIS CHAVEZ, Councilmember, District 5
GARRY BREDEFELD, Councilmember, District 6 NELSON ESPARZA, Councilmember, District 7
Office of Council President Tyler Maxwell
Is hereby presented to the:
American Heart Association of
Central Valley/Kern County
WHEREAS, The American Heart Association is a nonprofit organization that funds cardiovascular
medical research and educates the public on healthy living. Their mission is to be an unrelenting
force for a world of longer, healthier lives; and
WHEREAS, The American Heart Association will be celebrating its hundredth year of advocacy,
research, and dedication to saving lives in 2024; and
WHEREAS, Cardiovascular disease affects men, women, and children of every age and race and is the
leading cause of death in the United States; and
WHEREAS, In 2015, cardiovascular disease accounted for $555 billion in health care expenditures
and lost productivity. By 2035, cardiovascular disease will account for $1.093 trillion in health
care expenditures and lost productivity annually; and
WHEREAS, The global COVID-19 pandemic poses a significantly high risk to individuals with
cardiovascular disease and has negatively impacted our society’s heart health; and
WHEREAS, The American Heart Association’s “Go Red for Women” movement motivates women to
learn their family’s history and to meet with a health care provider to determine their risk for
cardiovascular diseases and stroke; and
WHEREAS, By increasing awareness, speaking up about heart disease, and empowering individuals
to reduce their risk for cardiovascular disease, we can help save thousands of lives each year.
NOW, THEREFORE BE IT RESOLVED, that we, Mayor Jerry Dyer and the Fresno City Council,
do hereby proclaim the month of February to be:
American Heart Month
in the City of Fresno
IN WITNESS WHEREOF, we have hereunto set our hands and
affixed the Great Seal of the City of Fresno, California, this 9thday of February of the Year Two Thousand and Twenty-three.
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-158 Agenda Date:2/9/2023 Agenda #:
CEREMONIAL PRESENTATION
Proclamation for “Teen Dating Violence Awareness Month.”
City of Fresno Printed on 2/10/2023Page1of1
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2/9/2023
Presented
CITY OF FRESNO
JERRY DYER, Honorable Mayor TYLER MAXWELL, Council President
ANNALISA PEREA, Council Vice President MIKE KARBASSI, Councilmember, District 2
MIGUEL ARIAS, Councilmember, District 3 LUIS CHAVEZ, Councilmember, District 5
GARRY BREDEFELD, Councilmember, District 6 NELSON ESPARZA, Councilmember, District 7
Office of Council President Tyler Maxwell
Is hereby presented to:
Marjaree Mason Center
WHEREAS, The Marjaree Mason Center is a dedicated partner within Fresno County that
provides a wide variety of direct support to victims of domestic violence while also
working to end the cycle of abuse through advocacy and education; and
WHEREAS, each February, the formal recognition of Teen Dating Violence Awareness
Month allows the community to acknowledge and show their support for survivors and
raise awareness about teen dating violence while promoting safe and healthy
relationships; and
WHEREAS, an estimated 1 in 3 U.S. teens is physically, emotionally, or verbally abused by a
dating partner before they reach adulthood; and
WHEREAS, survivors of teen dating violence have an increased risk for truancy, dropout,
teen pregnancy, suicide, developing eating disorders, and engaging in other harmful
behaviors such as the use of alcohol, tobacco, and other drugs; and
WHEREAS, across Fresno County, compassionate and dedicated professionals working
within middle schools and high schools have partnered with Marjaree Mason Center
through their KNOW MORE Peer Educator program to help prevent and end teen
dating violence by increasing public understanding of the prevalent issue.
NOW, THEREFORE BE IT RESOLVED, that we, Mayor Jerry Dyer and the Fresno City
Council, do hereby proclaim the month of February 2023 to be:
Teen Dating Violence Awareness Month”
in the City of Fresno
IN WITNESS WHEREOF, we have hereunto set our hands and
affixed the Great Seal of the City of Fresno, California, this 9th day of February of the
Year Two Thousand and Twenty-Three.
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-185 Agenda Date:2/9/2023 Agenda #:
CEREMONIAL PRESENTATION
Proclamation for “African American History Month: Black Resistance a Journey to Equality”
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Presented
The African American
Historical &
Cultural Museum of the San
Joaquin Valley
WHEREAS: African Americans’ contributions to the success and development of the City of Fresno are profound
and documented at The African American Historical and Cultural Museum of the San Joaquin
Valley; and
WHEREAS: Established by Jack Albert Gilbert Frank Kelley and Rosa L. Conley in 1993, the African American
Historical and Cultural Museum of the San Joaquin Valley is celebrating its 30th year as the longest
non-profit educational facility of its kind; and
WHEREAS: The African American Historical and Cultural Museum has spent the past 30 years documenting the
excellence of black men, women, and children who are leaders in all aspects of life including
government, art, medicine, law, education and so many more industries challenging the stereotypes
of what it means to be African American in the United States; and
WHEREAS: The Museum’s mission to celebrate and promote the richness of African American history and
culture in the Central Valley tells a story of resistance, right here at home, and a continued journey
to equality, equity and inclusion; and
WHEREAS: The City of Fresno is proud to celebrate black history today, and every day, in support of black led
organizations and leaders whom we thank for their countless contributions to our neighborhoods,
cities and nation.
NOW THEREFORE BE IT RESOLVED: that Councilmember Nelson Esparza, the Fresno City
Council, and Mayor Jerry Dyer do hereby proclaim, the month of February 2023 as:
Black History Month”
in the City of Fresno,
IN WITNESS WHEREOF, we have hereunto set our hands
and affixed the Seal of The City of Fresno, California, this 9th day of February 2023
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-160 Agenda Date:2/9/2023 Agenda #:
REPORT TO THE CITY COUNCIL
FROM:TODD STERMER, City Clerk
Office of the City Clerk
SUBJECT
Announcement of Winter Employee of the Quarter (EOQ) Recipients
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Presented
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-161 Agenda Date:2/9/2023 Agenda #:
1.-A.
REPORT TO THE CITY COUNCIL
FROM:TODD STERMER, City Clerk
Office of the City Clerk
SUBJECT
Approval of Minutes for January 19, 2023, Regular Meeting
Attachment:
Draft Minutes for Regular meeting on January 19, 2023
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2/23/2023, New File ID 23-300.
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-106 Agenda Date:2/9/2023 Agenda #:
1.-B.
REPORT TO THE CITY COUNCIL
FROM:GEORGEANNE A. WHITE, City Manager
RUTH F. QUINTO, CPA, Assistant City Manager
THROUGH:HENRY FIERRO, Budget Director
Budget and Management Studies Department
BY:ELIDA RUBIO, Senior Budget Analyst
NIGMA SHOOK, Budget Analyst
Budget and Management Studies Department
SUBJECT
RESOLUTION - Adopting the 575th Amendment to the Master Fee Schedule Resolution No. 80
420 to Add, Adjust, Move, Revise or Delete Various Fees (Subject to Mayor’s veto).
RECOMMENDATION
Staff recommends that Council adopt the 575th Amendment to the Master Fee Schedule
Resolution No. 80-420.
EXECUTIVE SUMMARY
The attached resolution to adopt the 575th Amendment to the Master Fee Schedule (MFS)
Resolution No. 80-420 addresses fee changes and annual routine revisions to the following
sections of the MFS: Airports; General Government; Parks, After School, Recreation and
Community Services (PARCS); Planning and Development (Planning); Police; Public Utilities; and
Public Works.
BACKGROUND
The annual revision of the Master Fee Section (MFS) is being presented at this time to enable
adjustments approved by Council to be incorporated into the planning of the FY 2024 budget.
Staff will proceed with estimating revenues for FY 2024 based on the adoption of these updates
to the schedule. The following narrative details the proposed fee adjustments by MFS section.
Airports: Airports is proposing to increase eleven fees, of which the first five listed are due to
increased operating costs, the next five are related to Chandler hangar rental fees, which were
determined to be below Fair Market Value, and the last one is regarding Chandler office space that
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File #:ID 23-106 Agenda Date:2/9/2023 Agenda #:
1.-B.
determined to be below Fair Market Value, and the last one is regarding Chandler office space that
was not being appropriately charged according to size. Additionally, three fees are being deleted
due to consolidation, one fee decreased for standardization, and nine new fees added for Fresno
Yosemite International and Fresno Chandler Downtown Airports. The affected fees are as follow:
Fees increased: (1) Daily/long-term - per 24 hours parking; (2) Economy parking lot per 24
hours; (3) Non-returned badge; (4) Lost or stolen badge replacement; (5) Keys provided to
tenants; (6-10) Chandler Airport Hangar Rental fees; and (11) Large - Office per month.
Fees deleted: (1) Over 5 hours to 24 hours parking; (2) handicapped spaces in public lot;
and (3) Terminal Conference Room - Hourly rate.
Fees decreased: (1) Lost ticket minimum charge.
Fees added: (1-3) Airports Rules and Regulations Violations; (4) Commercial Aviation
Permit; (5) Commercial Aviation Flight School Permit; (6) Hangar Waitlist Fees; (7) Small
office per month rental; (8-9) Chandler Conference Room in Terminal Building.
Convention Center: The Convention Center is proposing to delete all forty-five fees related to
the Robert A. Schoettler Conference Center as it is no longer under the City’s ownership.
General Government: The General Services Department is proposing to increase five fees for
Additional Services provided at City Hall in accordance with a newly executed agreement. The
increased fees include: (1) Custodian; (2) Security Guard; (3) After Hours City Hall Access (per
hour); (4) Electrician; and (5) Property Maintenance Worker.
Additionally, the City Manager’s Office is requesting to incorporate seventeen duplicate Special
Events fees already in the PARCS section of the MFS, of which two are proposed to be increased
in PARCS. The duplicated fees are as follow:
General Recreation: (1) processing fee; (2-3) 24x16 Video Projection System; (4) Bounce
House Permit; (5) Woodward Park Rotary Amphitheater; (6) Concession Fee; (7)
Performance Bond; (8) Cleaning Deposit; (9) Improvement Fee; (10) Event Staffing (4 hr.
minimum) - proposed increase in PARCS; and (11) Rehearsals.
Memorial Auditorium Rental Rates: (12) Art, Park, Entertainment & Sports, per ticket or
attendee and on each round of golf - proposed increase in PARCS; (13) Memorial
Auditorium Theater Rental; (14-16) Reservation Deposit.
Downtown Malls - Vendor Fees: (17) Portable Stage Set-Up/Take Down.
PARCS: PARCS is proposing several adjustments to the MFS, as outlined below. Proposed
changes include ten titles with text changes, eleven fee relocations with text changes, forty-four fee
adjustments, four new fees, and eighteen fee deletions. The proposed fee relocations include
relocating several fees to different pages of the PARCS section within the MFS due to the
interrelation of those fees.
Text Changes: The following ten titles (and associated fees) include minor text changes
proposed for clarification purposes and are under the following titles: (1) Community &
Neighborhood Centers; (2) All Swim Pools/Recreational Swim; (3) Special Pool Rentals; (4)
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Neighborhood Centers; (2) All Swim Pools/Recreational Swim; (3) Special Pool Rentals; (4)
Regional Sports Complex Reservation Fee; (5) Community & Neighborhood Parks; (6)
Improvement Fee; (7) Japanese Gardens; (8) Camp Fresno Family Camp; (9) Camp Fresno
Jr.; and (10) Action Sports Fees. PARCS is also proposing to add a Processing Fee refund
related footnote on each respective page.
Fee Relocation with Text Changes: The following eleven titles (and associated fees) were
relocated from other pages in the PARCS section of the MFS and include minor text
changes: (1) Equipment Rentals; (2) Regional Community & Neighborhood Park Areas; (3)
Woodward Park Group Activity Area; (4) Regional Park Parking Pass; (5) Regional Park
Parking Fee (Roeding and Woodward Parks and Regional Sports Complex); (6) Roeding
Park Picnic Table Reservation Fee; (7) Roeding Park Pergola Rental (half-day); (8)
Woodward Park Picnic Table Reservation Fee; (9) Urban Growth Management (UGM) Park
Fees; (10) Field Reservations (under Regional Sports Complex Reservation Fee); and (11)
Outdoor Court (under Community & Neighborhood Parks).
Fees Adjusted: The forty-four proposed fee adjustments include: (1-8) Green Fees (under
Riverside Municipal Golf Course); (9-20) Processing Fee (on most pages); (21) Sport
Field/Court League/Tournament Preparation/Per Court (under Regional Sports Complex
Reservation Fee); (22-25) Field reservation fees (under Community and Neighborhood
Parks); (26) Event Staffing (4 hr. minimum) fee; (27-28) Mobile Science Unit Fees; (29-31)
Skate and Bike Park Facility Rental Fees; (32) Memorial Auditorium APES fee (33-40)
Camp Fresno Family Camp; and (41-44) Camp Fresno Junior.
New Fees Proposed: The four proposed new fees include: (1) Cleaning deposit (for the
Regional Sports Complex); (2) Special Events Parking fee per vehicle; (3) Field Reservation
fee (for the Regional Sports Complex); (4) Cleaning Deposit (for the Regional Community &
Neighborhood Park Areas) that was already included but did not previously have an
associated fee stated in the MFS.
Deletions: The eighteen proposed fee deletions include: (1) Sport Field/Court
League/Tournament Preparation/Per Hour (under Neighborhood Center, Parks, and
Playground Facilities); (2) CFAS (CPR & First Aid); (3) Open Adult Basketball; (4-5)
Lifeguard fees (under All Swim Pools/Recreational Swim); (6) PG&E FERA program
discount fee (under Swimming Instruction); (7) Co-ed Softball; (8-11) Tournament Play fees
Under Regional Sports Complex Reservation Fee); (12) Field Reservation fee (under
Community & Neighborhood Parks); (13) Mobile Science Unit Project Cost fee; (14)
Duplicate Processing fee; (15-16) Improvement Surcharge Fee (under Camp Fresno
Family); and (17-18) Improvement Surcharge Fee (under Camp Fresno Jr).
Planning: Planning is proposing to add a reference of small subdivision (SS) to four fees in
alignment with previously approved language established by Council Resolution 95-315. The
following fees are being adjusted: (1) Fire Department Review Private Project fee/per application;
2) Fire Prevention fee per application; (3) Rezone, all other districts/per application; and (4)
Rezone, single family/per application. Also, they are proposing to incorporate a text reference to a
new Special Events Parking fee in the Parking Fees section in correspondence to PARCS’ request
to add in this amendment.
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Additionally, Planning is requesting to relocate five fees in their Land Use and Zoning section to the
Public Works Engineering, Inspection, and Street Work section of the MFS as revenue from those
items are currently being collected by Public Works. The fees being relocated include: (1) Final
Parcel Map filing (5 lots or more/each); (2) Final Parcel Map filing (4 lots or more/each); (3) Final
Tract Map Filing - Map; (4) Final Tract Map Filing - Per 50 Lots; and (5) Early Construction (Sewer,
Water, Streets)/per agreement.
Police: Police is proposing to increase six Contracted Law Enforcement Services (CLES) and four
Regional Training Center (RTC) facility fees in accordance with the Fresno Police Officers
Association (FPOA) MOU salary increases approved in FY 2022. Increased CLES fees include: (1)
Senior Community Service Officer; (2) Officer; (3) Supervisor; (4) Lieutenant; (5) Captain; and (6)
Deputy Chief. Increased RTC fees include: (1) Training Officer - Hourly Straight Time; (2) Training
Officer - Hourly Overtime; (3) Training Sergeant - Hourly Straight Time; and (4) Training Sergeant -
Overtime.
DPU (Solid Waste):The Solid Waste Division is proposing to increase six fees to recover the
materials and labor costs associated with the increased price of petroleum and MOU salary
increases. The increased fees include (1-2) Container Exchange fees for new 64-gallon and 96-
gallon containers; (3-4) Special Haul; (5) Foreman’s Charge; and (6) Skip Fee. Additionally, the
Solid Waste Division is proposing to add one clarifying text change to the Skip Fee.
DPU (Water):The Water Division is proposing to increase nine fees due to the higher cost of labor
associated with MOU salary increases and delete an outdated single family residential temporary
metered water fee. The increased fees include: (1) Fire hydrant damage repair fee; (2) Blind washer
installation/per service; (3) blind washer removal/per service; (4) service disconnection/per service;
5) After-hours turn on service work; (6) Testing and Cleaning Fee; (7) Well Drilling Permit and
Inspection - Monitoring Well Inspection/each; (8) Well Destruction & Abatement - Well Destruction
Inspection; and (9) Well Destruction & Abatement - Underground Utility Re-mark Fee (per call back).
Public Works: Public Works is requesting to incorporate five existing fees and duplicate one text
from Planning’s Land Use and Zoning section into their Engineering, Inspection, and Street Work
section of the MFS as these fees are currently being collected by Public Works. The fees being
incorporated include: (1) Final Parcel Map filing (5 lots or more/each); (2) Final Parcel Map filing (4
lots or more/each); (3) Final Tract Map Filing - Map; (4) Final Tract Map Filing - Per 50 Lots; and
5) Early Construction (Sewer, Water, Streets)/per agreement which is being renamed to Special
Agreement - Advance Construction Permit (ACP) (Sewer/Water; Streets) or At-Risk Permit
Sewer/Water only)/per agreement. The proposed duplicated text is a footnote relating to the CPI
fees being incorporated.
ENVIRONMENTAL FINDINGS
Pursuant to the definition in California Environmental Quality Act Guidelines Section 15378, the
proposed changes to the Master Fee Schedule are not a “project.”
LOCAL PREFERENCE
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File #:ID 23-106 Agenda Date:2/9/2023 Agenda #:
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Local preference was not implemented because this agenda item does not include a bid or award of
a construction services contract.
FISCAL IMPACT
The FY 2024 Budget will be built on the assumption that the fees contained in the 575th
Amendment will be implemented.The effective date of this amendment is July 1,2023,unless
otherwise noted.
Attachment:
575th Amendment to the Master Fee Schedule Resolution
Master Fee Schedule Summary
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Date Adopted:
Date Approved:
Effective Date:
City Attorney Approval: ______ Resolution No.
RESOLUTION NO. ____________
A RESOLUTION OF THE COUNCIL OF THE CITY OF
FRESNO ADOPTING THE 575th AMENDMENT TO THE
MASTER FEE SCHEDULE RESOLUTION NO. 80-420 TO
ADD, ADJUST, MOVE, REVISE OR DELETE VARIOUS FEES
BE IT RESOLVED by the Council of the City of Fresno as follows:
THAT The Master Fee Schedule Resolution No. 80-420 be and is hereby amended
to add, adjust, move, revise or delete various fees. The revised pages of the Master Fee
Schedule are attached as Exhibit “A” and are hereby incorporated by reference and made a
part of this Resolution.
THAT the fees adjusted by this RESOLUTION shall become effective July 1, 2023,
unless otherwise noted on the revised pages of the Master Fee Schedule.
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STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss.
CITY OF FRESNO )
I, TODD STERMER, City Clerk of the City of Fresno, certify that the foregoing
resolution was adopted by the Council of the City of Fresno, at a regular meeting held on
the day of , 2023.
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor Approval: , 2023
Mayor Approval/No Return: , 2023
Mayor Veto: , 2023
Council Override Veto: , 2023
TODD STERMER, CMC
City Clerk
By:
Deputy Date
APPROVED AS TO FORM
ANDREW JANZ
City Attorney
By:__________________________
Jennifer M. Quintanilla Date
Senior Deputy City Attorney
Attachment: Exhibit A - Master Fee Schedule - revised pages
EXHIBIT A
CITY OF FRESNO
MASTER FEE SCHEDULE
FRESNO YOSEMITE INTERNATIONAL AIRPORT - PARKING
Fee Description & Unit/Time Current Proposed Amnd
Parking - Fresno Yosemite International Airport 547
Employee and tenant
Automobile per month 15.00
Lost parking lot access card 25.00
Reserved tenant parking
Space per month 17.00
Airline crew member
Automobile per month 25.00
Oversized per month (RV's, Campers, Fifth Wheels)+75.00
Daily / Long-term - per 24 hours 562
Flat Rate per day or fraction of one day 14.00 15.00 575
Economy Parking Lot - flat fee per 24 hours 8.00 10.00 575
Hourly / Short-term
Up to 1 hour 3.00
Over 1 hour to 2 hours 6.00
Over 2 hours to 3 hours 9.00
Over 3 hours to 4 hours 12.00
Over 4 hours to 5 24 hours 15.00
Over 5 hours to 24 hours 18.00 Delete 575
Lost ticket minimum charge - Short-term daily rate 18.00 15.00 575
Handicapped spaces in public lot Delete 575
First 2 hours free in Short-term or uncovered Long-term only)
Oversized vehicles (including vehicles higher than 7' 0" and/or longer than 20 feet (6 meters) in length).
AIRPORT FEES
Same as
long term
rate
Parking Fees to adjust every 5 years commencing 07/01/2025 based in cumulative CPI rounded to the
nearest dollar.
All fees effective 07/01/2022 07/01/2023 unless otherwise noted
MFS Amendment #565 575 (January 2022 2023) 12/23/202212:10 PM Page 5
CITY OF FRESNO
MASTER FEE SCHEDULE
FRESNO YOSEMITE INTERNATIONAL AIRPORT - GROUND TRANSPORTATION
Fee Description & Unit/Time Current Amnd
Ground Transportation Fee 547
Hotel Shuttles, Limousine, and Taxi Cabs
1-5 Permitted Vehicles (annually)250.00
6-10 Permitted Vehicles (annually)500.00
11 and over Permitted Vehicles (annually)1,000.00
Transportation Network Companies (TNC)
Each Drop-off Fee 3.00
Each Pick-up Fee 3.00
Annual Operating Permit Fee 0.00
FRESNO YOSEMITE INTERNATIONAL AIRPORT - SECURITY BADGE
Fee Description & Unit/Time Current Proposed Amnd
Security Badge 528
New Badge / - per badge 15.00
Replacement/Renewal of Returned Expired or Damaged 15.00
Badge - per Badge
Replacement/Renewal of Returned Active Badge Prior to -
Expiration - per badge
Non-returned badge (if not returned within 2 weeks) - per badge. 25.00 50.00 575
Cost will be billed to company
Lost or stolen badge replacement - per badge 25.00 50.00 575
Solicitation Permit Badge - per badge 15.00
Fingerprinting Processing Fee (fee does not include any 20.00
additional charges imposed by the DHS) - per person
Company must enter into a permit to have vehicles operating at the Airport.
AIRPORT FEES
All fees effective 07/01/2022 07/01/2023 unless otherwise noted
MFS Amendment #565 575 (January 2022 2023) 12/23/202212:10 PM Page 6
CITY OF FRESNO
MASTER FEE SCHEDULE
FRESNO YOSEMITE INTERNATIONAL AIRPORT - OTHER FEES
Fee Description & Unit/Time Current Proposed Amnd
Airports Rules & Regulations Violations ***575
First Enforcement New 100.00
Second Enforcement New 500.00
Third Enforcement New 1,000.00
Non-Tenant Rental Car Business (FMC Section 9-0003 A) 528
Application fee (per permit) 1,500.00
plus % of annual gross receipts as defined by concession
agreement negotiated by Director of Aviation
Contracted Airport Public Safety Services 528
per hour, two hour minimum)
Airport Public Safety Officer 48.51
Public Safety Vehicle and Officer 49.42
Equipment Rental 528
Crew stairs/per day 50.00
Transportation fee/per day 50.00
Passenger Ramp inside SIDA/per day 50.00
Passenger Ramp outside SIDA/per day 100.00
All other equipment/per day 75.00
Energy Supplemental Charge 528
Applicable to appropriate tenants of Fresno Yosemite International Up to 100% of additi-
Airport. A pass through of additional monthly costs of energy via onal energy increase
a percentage surcharge on the energy portion of facility charges percentage per month
As stated in Airports Rules and Regulations & the Tenant Handbook.
AIRPORT FEES
All fees effective 07/01/2022 07/01/2023 unless otherwise noted
MFS Amendment #565 575 (January 2022 2023) 12/23/202212:10 PM Page 8
CITY OF FRESNO
MASTER FEE SCHEDULE
FRESNO YOSEMITE INTERNATIONAL AIRPORT - OTHER FEES
Fee Description & Unit/Time Current Proposed Amnd
Keys (provided to tenants)528 575
Each key over first 6 issued 10.00 15.00
Maintenance Charges (per hour, one hour minimum)528
Electrician 51.06
Airport Building Maintenance Technician 43.31
Airport Operations Specialist 41.00
Custodian 35.22
Security Escort
Per hour (based upon individual used) 35.22 - 51.06
Less than one hour No Charge
Terminal Conference Room**528
Daily rate (8:00 am - 5:00 pm) 100.00
Half Day (8:00 am - 12:00 pm or 12:00 pm - 5:00 pm) 50.00
Hourly rate (per hour basis)12.50 Delete 575
Transportation permits 528
Annual transportation permit
Annually per permit 90.00
Single-trip transportation permit / each trip 16.00
Temporary transportation permit
5 days 16.00
Cancellation Policy: A 72-hour notice is required for full refund.
AIRPORT FEES
All fees effective 07/01/2022 07/01/2023 unless otherwise noted
MFS Amendment #565 575 (January 2022 2023) 12/23/202212:10 PM Page 9
CITY OF FRESNO
MASTER FEE SCHEDULE
FRESNO CHANDLER DOWNTOWN AIRPORT
Fee Description & Unit/Time Current Proposed Amnd
Fuel Flowage Fee 464
Per Gallon 0.10
Landing fees 409
Non-Signatory Commercial Operations
0 to 12,500 pounds MCGLW*
Per landing 5.98
Over 12,500 pounds MCGLW*
Each 1,000 pounds MCGLW*1.20
Commercial Aviation Permit Operators (CAPO)409
0 to 12,500 pounds MCGLW*
Per landing 4.18
Over 12,500 pounds MCGLW*
Each 1,000 pounds MCGLW*1.09
Commercial Aviation Permit
Per Month New 250.00 575
Commercial Aviation Flight School Permit
Annual Permit New 250.00 575
Off-Airport Access 409
Per Month (License or written consent)250.00
Plus, per aircraft (License or written consent)+25.00
Rentals 465
Hangar Waitlist Fees New 150.00 575
Admin Fee $50.00 (non-refundable) plus $100.00 Fee
refundable or applied to Security Deposit)
Chandler Airport T-Hangar
Hangar per month 245.00 300.00 575
Chandler Hi-Low Multi-Aircraft Hangar
Hangar per month 150.00 200.00 575
Chandler Multiple Aircraft Hangar
Aircraft per month 175.00 225.00 575
Chandler T-Hangar Storage 500 575
Hangar Storage per month 30.00 100.00
Chandler Shade Hangar
Hangar per month 95.00 *125.00 575
Chandler Hangar Utility Fee–if appliances or compressors are present
Hangar per month -0-
The Director is authorized to negotiate the storage and tie-down and shade hangar
rental user fees if it is determined to be beneficial to the City of Fresno
AIRPORT FEES
Maximum Certificated Gross Landing Weight
All fees effective 07/01/2022 07/01/2023 unless otherwise noted
MFS Amendment #565 575 (January 2022 2023) 12/23/202212:10 PM Page 10
CITY OF FRESNO
MASTER FEE SCHEDULE
FRESNO CHANDLER DOWNTOWN AIRPORT
Fee Description & Unit/Time Current Proposed Amnd
Chandler Office in terminal building 500
Small - Office per month New 210.00 575
Large - Office per month 150.00 265.00 575
Chandler Conference Room in terminal building 575
Half Day New 50.00
Daily New 100.00
AIRPORT FEES
All fees effective 07/01/2022 07/01/2023 unless otherwise noted
MFS Amendment #565 575 (January 2022 2023) 12/23/202212:10 PM Page 11
CITY OF FRESNO
MASTER FEE SCHEDULE
ROBERT A. SCHOETTLER CONFERENCE CENTER - BASIC RATES*575
Rates of Conference Center, except as otherwise provided for, shall be at the discretion of the Director
of the Convention Center. Generally, rates shall be the Basic Rates, as stated; for food functions only,
the rates shall be either: 1) the Basic Rate as stated; or 2) 14 perent of food gross receipt, plus 25
percent of alcoholic beverages gross receipts, plus per contract percent beer gross receipts,
whichever is greater.
Fee Description & Unit/Time Current Amnd
Art, Park, Entertainment & Sports* (at all City owned facilities 0.75 Delete 462 575
that comprise the Fresno Convention & Entertainment Center, the
Riverside Municipal and Airways Golf Courses. 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).
Surcharge is to sunset or is up for renewal at the end of FY 2010.
8 a.m. to 12 midnight
Grand Banquet (4 salons), daily rate (including holidays and New Delete 393 575
Year's Eve)
8 a.m. to 12 noon 850.00
12 noon to 6 p.m.850.00
6 p.m. to 12 midnight 1500.00
8 a.m. to 6 p.m.1400.00
8 a.m. to 12 midnight 1600.00
Banquet Rooms (3 salons), daily rate (including holidays and New Delete 393 575
Year's Eve)
8 a.m. to 12 noon 750.00
12 noon to 6 p.m.750.00
6 p.m. to 12 midnight 1200.00
8 a.m. to 6 p.m.1100.00
8 a.m. to 12 midnight 1400.00
Banquet Rooms (2 salons), daily rate (including holidays and New Delete 393 575
Year's Eve)
8 a.m. to 12 noon 550.00
12 noon to 6 p.m.550.00
6 p.m. to 12 midnight 850.00
8 a.m. to 6 p.m.750.00
8 a.m. to 12 midnight 1,200.00
Meeting Rooms (1 salon), daily rate (including holidays and New Delete 393 575
Year's Eve)
8 a.m. to 12 noon 320.00
12 noon to 6 p.m.320.00
6 p.m. to 12 midnight 550.00
8 a.m. to 6 p.m.420.00
8 a.m. to 12 midnight 750.00
CONVENTION CENTER
All fees effective 07/01/2022 07/01/2023 unless otherwise noted
MFS Amendment #565 575 (January 2022 2023) 12/12/20222:26 PM Page 18
CITY OF FRESNO
MASTER FEE SCHEDULE
ROBERT A. SCHOETTLER CONFERENCE CENTER - BASIC RATES 575
Fee Description & Unit/Time Current Amnd
Meeting Rooms (medium), daily rate (including holidays and New Delete 575
Year's Eve)
8 a.m. to 12 noon 210.00
12 noon to 6 p.m.210.00
6 p.m. to 12 midnight 320.00
8 a.m. to 6 p.m.260.00
8 a.m. to 12 midnight 420.00
Meeting Rooms (small), daily rate (including holidays and New Delete 575
Year's Eve)
8 a.m. to 12 noon 100.00
12 noon to 6 p.m.100.00
6 p.m. to 12 midnight 150.00
8 a.m. to 6 p.m.150.00
8 a.m. to 12 midnight 200.00
Overtime (hour or fraction)Delete 575
Meeting Rooms:
All rooms 150.00
Single room 100.00
Other Facilities 200.00
Exhibition Rates, in-lieu of or in addition to Basic or Special Rates,Delete 393 575
space
Square foot per day 0.24
Special Rates Delete 575
Amateur Athletic event (hosted by a non-profit association,
affiliated with the United States Olympic Committee)
Social activities 30% of Basic Rate
Meeting activities -0-
1,500 room nights and
3 days duration
City of Fresno, other than public disaster or emergency Basic Rate
Convention of Record with the International Association of
Convention Bureaus or Fresno Bureau
Social activities 30% of Basic Rate
Meeting activities -0-
Theatre and/or Exhibit Hall Ballroom Use 1,000 room nights
Arena Use 2,000 room nights
Exhibit Hall Use
Halls I, II, and III 3,000 room nights
Meeting Rooms only 1,500 room nights and
3 days duration
Public disaster or emergency -0-
CONVENTION CENTER
All fees effective 07/01/2022 07/01/2023 unless otherwise noted
MFS Amendment #565 575 (January 2022 2023) 12/12/20222:26 PM Page 19
CITY OF FRESNO
MASTER FEE SCHEDULE
Fee Description & Unit/Time Current Proposed Amnd
City Hall Rental - Additional Services (hourly rates)546 575
Custodian 30.00 37.50
Security Guard 32.70 35.20
After Hours City Hall Access (per hour)79.50 113.20
Electrician 69.00 71.30
Property Maintenance Worker 52.00 57.80
Public Announcement (PA) System, Portable
Hourly 115.00
Saturday (hourly)165.00
Sundays or Holidays (hourly)215.00
Multimedia - Presentation System
Hourly 105.00
Saturday (hourly)149.00
Sundays or Holidays (hourly)193.00
City Council Material
Agenda, mailed
Quarter 20.00
Year 70.00
Minutes, mailed
Year 85.00
Comprehensive Annual Financial Report (CAFR)14.00
Consolidated Annual Performance and Evaluation
Report (CAPER)34.00
Consolidated Plan 34.00
Dog License 490
License fee / per dog:ANNUAL 3-YEAR
Dog 4 months or older 50.00 135.00
Spayed or neutered dog 12.00 30.00
Animal Control Officers Services
per hour plus currently published IRS standard milage rate 28.50
Administrative Hearing Fee 50.00
Concurrent license -0-
GENERAL GOVERNMENT FEES
All fees effective 07/01/2022 07/01/2022 unless otherwise noted
MFS Amendment #565 575 (January 2022) 12/23/202212:23 PM Page 47
CITY OF FRESNO
MASTER FEE SCHEDULE
GENERAL RECREATION FEES
Fee Description & Unit/Time Current Proposed Amnd
A processing fee of $15 will be assessed to issue refunds***15.00 45.00 575
24 x 16 Video Projection System 575
Rental (4 hr minimum) 300.00
Recreation staff additional per hr 35.00
Bounce House Permit (need Hold Harmless Agreement & Liability 20.00 575
Insurance)
Woodward Park Rotary Amphitheater 575
Daily Rental**1500
or 10%
Concession Fee 35% 575
payment
of cross event
concession revenue
Performance Bond 175 - 500 575
100% refundable upon successful completion of the rental
agreement in accordance with also agreed upon terms and
conditions)
Cleaning Deposit 1,000.00 575
Up to 80% refundable dependent on the condition of the
facility after completion of the rental agreement)
Improvement Fee per ticket ATSA*3.00 575
Event Staffing (4 hr. minimum)15.00 hr 31.00 575
4 hr. min)
Rehearsals (scheduling permitting)350.00 575
per day
Amphitheater Ticket Surcharge Account (ATSA)
1,500.00 or 10% of gross ticket sales wichever is greater plus collection of improvement fee effective 1/1/2009.
Refund processing fee for charges greater than $50.00.
GENERAL GOVERNMENT FEES
All fees effective 07/01/2022 07/01/2022 unless otherwise noted
MFS Amendment #565 575 (January 2022) 12/23/202212:23 PM Page 55
CITY OF FRESNO
MASTER FEE SCHEDULE
MEMORIAL AUDITORIUM RENTAL RATES
Fee Description & Unit/Time Current Proposed Amnd
Art, Park, Entertainment & Sports (Applicable at all City owned facilities.
The Arts, Park, Entertainment and Sports (APES) ticket surcharge fee is
to be applied to all tickets sold for attendance to all event types and on
each round of golf, irrespective of the ticket selling party,
irrespective of ticket price. The City reserves the right to waive the
surcharge upon City Manager approval).
Per ticket or attendee and on each round of golf 1.00 3.00 575
Memorial Auditorium Theater Rental *
Per day 250.00 575
Reservation Deposit **575
Up to 3 dates 100.00
4-7 dates 200.00
8 or more dates 300.00
DOWNTOWN MALLS - VENDOR FEES
Fee Description & Unit/Time Current Proposed Amnd
Portable Stage Set-Up/Take Down 575
Each event 1,200.00
GENERAL GOVERNMENT FEES
All organizations will be required to hire a stagehand(s) from stagehand union Local 158 to operate lighting & sound
systems, and will pay the union directly. Minimum call for stagehand (s) is 4 hours.
20% of deposit will be withheld for cancellations occurring more than 30 days before the reservation date.
Cancellations received less than 30 days prior to reservation will result in loss of deposit. Deposit will be up to 80%
refundable depending on the condiiton of the facility after completion of the rental agreement.
All fees effective 07/01/2022 07/01/2022 unless otherwise noted
MFS Amendment #565 575 (January 2022) 12/23/202212:23 PM Page 56
CITY OF FRESNO
MASTER FEE SCHEDULE
RIVERSIDE MUNICIPAL GOLF COURSE - GREEN FEES
Fee Description & Unit/Time Current Proposed Amnd
Art, Park, Entertainment & Sports (Applicable at all City owned facilities.546
The Arts, Park, Entertainment and Sports (APES) ticket surcharge fee is
to be applied to all tickets sold for attendance to all event types and on
each round of golf, irrespective of the ticket selling party,
irrespective of ticket price. The City reserves the right to waive the
surcharge upon City Manager approval).
Per ticket (or attendee) and on each round of golf 1.00
Weekdays 29.00 32.00 568 575
after 2 p.m. (PST) / after 3pm (PDST)25.00 28.00
Weekends/Holidays (as identified in FMC 3-116)39.00 42.00 568 575
after 2 p.m. (PST) / after 3pm (PDST)27.00 30.00
Tournaments 40.00 43.00 568 575
Seniors (62 and over)20.00 22.00 568 575
Juniors (18 and under)13.00 568
Junior Golf Team 7.00 8.00 568 575
Monthly Cards (restricted to the individual named)554
Seniors (Unlimited)46.00 48.00 575
Surcharge / per round 10.00 568
Juniors (Unlimited )43.25
Surcharge / per round 5.25 568
PARKS, RECREATION, & COMMUNITY SERVICES DEPARTMENT
All fees effective 07/01/2022 7/01/2023 unless otherwise noted
MFS Amendment #565 575 (January 2022 2023) (12/23/20221:17 PM)Page 57
CITY OF FRESNO
MASTER FEE SCHEDULE
NEIGHBORHOOD CENTER, PARKS, AND PLAYGROUND FACILITIES
Fee Description & Unit/Time Current Proposed Amnd
When determined appropriate by the Director, private or non-profit groups requesting to schedule a special
event at the neighborhood center, park, or playground facilities may be required to provide security guards
from a certified security agency, police officers from the Police Department or additional recreation leaders.
The number of security guards, police officers, or recreation leaders required will be determined by the type
of event and the estimated attendance. Also, the Director is authorized to waive the user fee for Special
Events which are determined to be beneficial to the City of Fresno.
A processing fee of $15 will be assessed to issue refunds.***15.00 45.00 554 575
Community & Neighborhood Centers**464
Public Purpose, Semi-public, non-profit organizations:
Auditorium (per hour/2 hour minimum) 45.00 568
Gymnasium (per hour/2 hour minimum)* 45.00 568
Meeting rooms (per hour/2 hour minimum) 45.00 568
Kitchen and equipment (hour or fraction) 60.00
Security/cleaning deposit (flat/80% refundable) 100.00 - 500.00
Private groups and organizations, social:
Auditorium (per hour/2 hour minimum) 90.00 568
Gymnasium (per hour/2 hour minimum)* 90.00 568
Meeting rooms (per hour/2 hour minimum) 90.00 568
Kitchen and equipment (hour or fraction) 90.00 568
Security/cleaning deposit (flat/80% refundable) 100.00 - 500.00
Recreation Staff / per hour 45.00 568
Picnic/Pavilion Area**
1/2 day 25.00
Full day 50.00
Maxie L. Parks Neighborhood Center 489
Gymnasium (per hour/2 hour minimum) 100.00
Playfield Sport Field / Court ***Delete 554 575
Lighted (per hour / 2 hour minimum)35.00
Standard Time -- after 5 pm
Daylight Savings Time -- after 8 pm
Unlighted facility (per hour / 2 hour minimum)25.00 489
Security/Cleaning Deposit (per facility) - flat /80% refundable 100.00 - 500.00
Sport Field / Court League / Tournament Preparation / Per Hour 40.00 Delete 554 575
Gymnasium rates do not apply to Maxie L. Parks Neighborhood Center
Large organized events are by contract only
Includes: Softball, Soccer, Futsal, Rugby, Basketball, Cricket, Hockey, Petanque and Bocce Ball
Not applicable for areas reserved for Special Events with increased impact to park such as: runs, walks, or events.
Additional cost incurred for City services are the responsibility of reservation holder. Ex. Solid Waste cost for
additional trash bins.
Refund processing fee for charges greater than $50.
PARKS, RECREATION, & COMMUNITY SERVICES DEPARTMENT
All fees effective 07/01/2022 7/01/2023 unless otherwise noted
MFS Amendment #565 575 (January 2022 2023) (12/23/20221:17 PM)Page 58
CITY OF FRESNO
MASTER FEE SCHEDULE
GENERAL RECREATION FEES
Fee Description & Unit/Time Current Proposed Amnd
A processing fee of $15 will be assessed to issue refunds.***15.00 45.00 554 575
Equipment Rentals 409
Chairs / day 0.50
Tables / day 2.00
CFAS (CPR & First Aid)50.00 Delete 575
Regional Community & Neighborhood Park Group Activity Areas*464
Group size:
Up to 200 200.00
201 to 500 350.00
Over 500 500.00
Over 1000 1000.00 525
Performance Bond**175.00 - 500.00
100% refundable upon successful completion of the rental
agreement in accordance with also agreed upon terms and
conditions)
Cleaning Deposit**New 100-500 575
Up to 80% refundable dependent on the condition of the
facility after completion of the rental agreement)
Woodward Park Group Activity Area
Group size:
Up to 200 (4 hour max) 250.00
201 to 500 (4 hour max) 500.00
Over 500 (4 hour max) 1,000.00
Over 1000 up to max capacity**(4 hour max) 2,000.00 489
Note: Cleaning Deposit is based upon the estimated number of attendees to any reserved venue.
Pavillion Group Activity Areas is defined as a pavillion and / or picnic shelter. When reserved for use for a
Special Event with increased impact to the park, such as, but not limited to: runs, walks, events with anticipated
attendance over 200 or events open to the general public. Additional costs incurred for City services are the
responsibility of the reservation holder. Ex. Solid Waste costs for additional trash bins.
Cleaning deposit and/or Performance Bond may be required for activities in areas outside of designated Group
Actvity Areas, including picnic shelters.
Max Capacity is dependent on event setup.
Refund processing fee for changes greater than $50.
PARKS, RECREATION, & COMMUNITY SERVICES DEPARTMENT
All fees effective 07/01/2022 7/01/2023 unless otherwise noted
MFS Amendment #565 575 (January 2022 2023) (12/23/20221:17 PM)Page 59
CITY OF FRESNO
MASTER FEE SCHEDULE
GENERAL RECREATION FEES
Fee Description & Unit/Time Current Proposed Amnd
A processing fee of $15 will be assessed to issue refunds.***15.00 45.00 554 575
Regional Park Vehicle Parking Pass 521
Annual vehicle entrance parking pass (good at Roeding and
Woodward Parks and Regional Sports Complex):
Year round / per motor vehicle 2 vehicles per pass 50.00 528
Senior Citizens (age 65 62 or older)35.00 528
Individuals meeting low-income guidelines as established by 25.00
PG&E’s FERA program
510
Year round / per motor vehicle 5.00
3.00
Holiday rate, per motor vehicle** 7.00 521
Special Events rate / per motor vehicle**** New 5.00-20.00 575
Roeding Park Picnic Table Reservation Fee*521
Picnic Shelters (full day/year round/per table) 20.00
Roeding Park Pergola Rental (half-day)50.00 525
Woodward Park Picnic Table Reservation Fee*489
Year round / per table:
Gazebo / Group Activity Area**15.00 525
Picnic shelters 30.00
Woodward Park Redwood Glen Rental (half-day) 50.00 525
Urban Growth Management (UGM) Park Fees See Development Fees Department-UGM
Refund processing fee for changes greater than $50.
Special Event rate may vary based on City and event related agreements.
PARKS, RECREATION, & COMMUNITY SERVICES DEPARTMENT
Roeding Regional Park Entrance Parking Fee
Roeding and Woodward Parks and Regional
Sports Complex)*
Year round / per vehicle in which a senior citizen (age 65 62 or older) is
a passenger or driver
Note: Park entrance Parking fee shall be waived for motor vehicles displaying a valid Disabled person Placard/Decal, a
California state "Gold Star" license plate, or motor vehicles in which a U.S. active duty military member, veteran or
family member with proper identification to waive entrance fees. is a passenger or driver, or motor vehicles displaying
a California State "Gold Star" license plate.
Director is authorized to waive the user fee/entrance fee for special events which are determined to be beneficial to
the City of Fresno
Holiday rate applies to the following holidays: Easter, Cinco de Mayo (closest weekend), Mother's Day,
Memorial Day, Father's Day, Independence Day (observed), Labor Day.
All fees effective 07/01/2022 7/01/2023 unless otherwise noted
MFS Amendment #565 575 (January 2022 2023) (12/23/20221:17 PM)Page 60
CITY OF FRESNO
MASTER FEE SCHEDULE
NEIGHBORHOOD CENTER, PARKS, AND PLAYGROUND FACILITIES GENERAL RECREATION FEES
Fee Description & Unit/Time Current Proposed Amnd
A processing fee of $15 will be assessed to issue refunds.***15.00 45.00 554 575
24 x 16 Video Projection System 480
Rental (4 hr minimum) 300.00
Recreation staff additional per hr 35.00
Bounce House Permit (need Hold Harmless Agreement & Liability 510
Insurance)20.00
Open Adult Basketball (per day)3.00 Delete 528 575
DOWNTOWN MALLS - VENDOR FEES
Fee Description & Unit/Time Current Amnd
Portable Stage Set-Up/Take Down 1,200.00 456
Each event
Refund processing fee for changes greater than $50.
PARKS, RECREATION, & COMMUNITY SERVICES DEPARTMENT
All fees effective 07/01/2022 7/01/2023 unless otherwise noted
MFS Amendment #565 575 (January 2022 2023) (12/23/20221:17 PM)Page 61
CITY OF FRESNO
MASTER FEE SCHEDULE
GENERAL RECREATION FEES
Fee Description & Unit/Time Current Proposed Amnd
A processing fee of $15 will be assessed to issue refunds.***15.00 45.00 554 575
All Swim Pools / Recreational Swim 568
Adult, age 18 and over 0.00
Youth, age 0 to 17 0.00
Children, age 0 to 5 (must be accompanied by an adult)-0- 0.00 575
Special Pool Rentals *510
Private Groups (per hour, 2- hour minimum):
1 to 50 (2 lifeguards)75.00 Delete 575
51 to 100 (3 lifeguards)110.00 Delete 575
101 to 150 (4 lifeguards)145.00
151 to 200 (5 lifeguards)180.00
201 to 250 (6 lifeguards)215.00
251 -300 (7 lifeguards)250.00 510
Swimming Instruction**510
All Swim Pools
One session - Ages 3 and up 50.00 528
Individuals meeting low-income guidelines as 32.00 Delete 575
established by PG&E’s FERA program
Water Exercise 568
Age 3 and up / per day 0.00
Instructional Classes 546
Lifeguard/CPR/FA/PR 200.00
Lifeguard/CPR/FA/PR Re-Certification 125.00
Community Sports Teams 456
Fees are established by the Parks, Recreation and
Community Services Director and may be prorated
for a partial season and/or services provided.
Baseball / per Team/League 500.00 - 1,250.00
Indoor Soccer / per Team/League 380.00
Outdoor Soccer / per Team/League 585.00
Volleyball / per Team/League 200.00
Basketball / per Team/League 375.00 510
Fast Pitch Softball / per Team/League 460.00
Slow Pitch Softball / per Team/League 350.00 480
Co-ed Softball / per Team/League 350.00 Delete 480 575
Flag Football / per Team/League 405.00
In-line Hockey / per Team/League 250.00
Tournaments / per Team/League 125.00 - 300.00
Participants that meet eligibility requirements for free lessons are zero cost (under 18, reside in City of Fresno).
Refund processing fee for changes greater than $50.
PARKS, RECREATION, & COMMUNITY SERVICES DEPARTMENT
Insurance must be purchased from City carrier and the number of lifeguards is determined by the pool location,
activities, and number of attendees.
All fees effective 07/01/2022 7/01/2023 unless otherwise noted
MFS Amendment #565 575 (January 2022 2023) (12/23/20221:17 PM)Page 62
CITY OF FRESNO
MASTER FEE SCHEDULE
GENERAL RECREATION FEES
Fee Description & Unit/Time Current Proposed Amnd
A processing fee of $15 will be assessed to issue refunds.Delete 554 575
Equipment Rentals Delete 409 575
Chairs / day 0.50
Tables / day 2.00
CFAS (CPR & First Aid)50.00
Delete 464 575
Group size:
Up to 200 200.00
201 to 500 350.00
Over 500 500.00
Over 1000 1000.00 525
Performance Bond**175.00 - 500.00
100% refundable upon successful completion of the rental
agreement in accordance with also agreed upon terms and
conditions)
Cleaning Deposit**
Up to 80% refundable dependent on the condition of the
facility after completion of the rental agreement)
Group size:
Up to 200 250.00
201 to 500 500.00
Over 500 1,000.00
Over 1000 2,000.00 489
Note: Cleaning Deposit is based upon the estimated number of attendees to any reserved venue.
Pavillion Group Activity Area is defined as a pavillion and / or picnic shelter. When reserved for use for a
Special Event with increased impact to the park, such as, but not limited to: runs, walks, events with anticipated
attendance over 200 or events open to the general public. Additional costs incurred for City services are the
responsibility of the reservation holder. Ex. Solid Waste costs for additional trash bins.
Cleaning deposit and/or Performance Bond may be required for activities in areas outside of designated Group
Actvity Areas, including picnic shelters.
Regional Community & Neighborhood Park Group Activity Areas*
PARKS, RECREATION, & COMMUNITY SERVICES DEPARTMENT
All fees effective 07/01/2022 7/01/2023 unless otherwise noted
MFS Amendment #565 575 (January 2022 2023) (12/23/20221:17 PM)Page 63
CITY OF FRESNO
MASTER FEE SCHEDULE
GENERAL RECREATION FEES
Fee Description & Unit/Time Current Proposed Amnd
A processing fee of $15 will be assessed to issue refunds.***15.00 45.00 554 575
Regional Sports Complex User Reservation Fee 489
Tournament Play
Deposit (80% refundable)500.00 Delete 575
1-3 Fields/Day 500.00
4-6 Fields/Day 750.00
7-9 Fields/Day 1,000.00
Field Usage -Delete 575
Adult - 2 Fields/hr/4hr minimum 15.00
Youth - 2 Fields/hr/4 hr minimum 10.00
Recreation Staff/hr 15.00 Delete 539 575
Tournament Play 489
1 - 3 Fields/Day 500.00
4 - 6 Fields/Day 900.00
7 - 9 Fields/Day 1,300.00
Playfield Sport Field / Court*** Field Reservations**554 575
Lighted (per hour / 2 hour minimum)35.00 Delete 575
Standard Time -- after 5 pm
Daylight Savings Time -- after 8 pm
Unlighted facility (per hour / 2 hour minimum)25.00 Delete 489 575
Per field, per organization, per day / 4 hour max New 25.00 575
Security/Cleaning Deposit (per facility) - flat / 80% refundabe 100.00-500.00 Delete 575
Sport Field / Court League / Tournament Preparation / per hour 40.00 45.00 575
Vendor Fees 464
Temporary Vendor Fee (Daily per site) *75.00-150.00
Community & Neighborhoods Parks
Tennis Outdoor Courts 3.00 510 575
Per court / per hour
Youth Organization Field Reservations** 480 575
1-2 Fields per month Per field, per organization, per day / 4 hour max 250.00 25.00 575
3-4 Fields per month, per organization 500.00 Delete 575
Tournament (All Star) Flat Fee Per Day**480
1-3 Fields per day 100.00 500.00 575
4 or more Fields per day 150.00 750.00 575
Security/Cleaning Deposit (per facility) - flat / 80% refundabe New 500.00 575
Sport Field / Court League / Tournament Preparation / per hour 40.00 45.00 554 575
The Director is authorized to waive the user fee for Temporary Vendor if activity determined to be
beneficial to the City of Fresno.
Organizations must have a valid non-profit ID number to qualify. The monthly fee will be reduced by 50% with
proof that the league has more than half of their children participating in a free or reduced cost lunch program.
Organizations with a valid non-profit ID number qualify for reduced fee. The fee will be reduced by 15%.
Mthly reservation fee not available at the Regional Sports Complex, and Fig Garden Baseball Park.
Refund processing fee for charges greater than $50.
PARKS, RECREATION, & COMMUNITY SERVICES DEPARTMENT
All fees effective 07/01/2022 7/01/2023 unless otherwise noted
MFS Amendment #565 575 (January 2022 2023) (12/23/20221:17 PM)Page 64
CITY OF FRESNO
MASTER FEE SCHEDULE
GENERAL RECREATION FEES
Fee Description & Unit/Time Current Proposed Amnd
A processing fee of $15 will be assessed to issue refunds.***15.00 45.00 554 575
Woodward Park Rotary Amphitheater**477
Daily Rental ** 1,500.00
or 10%
Concession Fee 35% payment of gross 477
event concession revenue
Performance Bond 175.00 - 500.00 477
100% refundable upon successful completion of the rental
agreement in accordance with also agreed upon terms and
conditions)
Cleaning Deposit 1,000.00 477
Up to 80% refundable dependent on the condition of the
facility after completion of the rental agreement)
Improvement Fee per ticket ATSA*3.00 528
Event Staffing (4 hr. minimum)15.00 hr 31.00 hr 539 575
4 hr. min)
Rehearsals (scheduling permitting)350.00 477
per day
Dance Instruction (per fiscal year)510
New Student 75.00
Returning Student 55.00
Amphitheatre Ticket Surcharge Account (ATSA)
1,500.00 or 10% of gross ticket sales wichever is greater plus collection of improvement fee effective 1/1/2009.
Refund processing fee for charges greater than $50.
PARKS, RECREATION, & COMMUNITY SERVICES DEPARTMENT
All fees effective 07/01/2022 7/01/2023 unless otherwise noted
MFS Amendment #565 575 (January 2022 2023) (12/23/20221:17 PM)Page 65
CITY OF FRESNO
MASTER FEE SCHEDULE
GENERAL RECREATION FEES
Fee Description & Unit/Time Current Proposed Amnd
A processing fee of $15 will be assessed to issue refunds.***15.00 45.00 554 575
Japanese Garden*521
Entrance fee:
Under 4 years of age -0-0.00 575
4 to 14 year 1.00
Over 14 years 5.00
Family maximum (Up to 5 persons) 7.00
Senior Citizens (62 years and older)1.00
Free day, all persons Free
Waiver: The Director is authorized to waive the entrance fee for the following:
Organized groups with mentally or physically handicapped persons;
Organized classrooms from any schools that have joint use agreement with the City of Fresno Parks,
Recreation and Community Service Department;
Members in good standing of the Fresno Japanese Garden Society; and
Organized groups of adults for whom the Director determines that the general public will derive a
substantial benefit, with no group being so admitted more than once each year.
Mobile Science Unit 456
Recreation staff / per hour (2 4 hours minimum)50.00 146.00 464 575
Vehicle preparation fee + miles 50.00 + 1.75/per mile
Project Cost / per participant up to 7.00 Delete 575
Non-Resident** 521
Recreation staff / per hour (2 4 hours minimum)50.00 146.00 575
Vehicle preparation fee + miles 125.00 + 1.75 per mile
Project Cost / per participant up to 7.00
510
Day Camp Fee 35.00-300.00
Children under 12 years of age are not permitted in the Japanese Garden without supervision.
Applies to locations outside of Fresno, CA.
Refund processing fee for charges greater than $50.
PARKS, RECREATION, & COMMUNITY SERVICES DEPARTMENT
Day Camps (Action Sports, Youth Sports and
Summer Day Camps)
All fees effective 07/01/2022 7/01/2023 unless otherwise noted
MFS Amendment #565 575 (January 2022 2023) (12/23/20221:17 PM)Page 66
CITY OF FRESNO
MASTER FEE SCHEDULE
GENERAL RECREATION FEES
Fee Description & Unit/Time Current Proposed Amnd
A processing fee of $15 will be assessed to issue refunds.***15.00 45.00 554 575
Regional Park Vehicle Pass Delete 521 575
Annual vehicle entrance pass (good at Roeding and
Woodward Parks and Regional Sports Complex):
Year round / per motor vehicle 50.00 528
Senior Citizens (age 65 or older)35.00 528
Individuals meeting low-income guidelines as established by 25.00
PG&E’s FERA program
Delete 510 575
Year round / per motor vehicle 5.00
3.00
Holiday rate, per motor vehicle**7.00 521
Roeding Park Picnic Table Reservation Fee*Delete 521 575
Picnic Shelters (full day/year round/per table)20.00
Roeding Park Pergola Rental (half-day)50.00 Delete 525 575
Tennis Courts Delete 510 575
Per court / per hour 3.00
Skate and Bike Park Facility Rental 489
Modular Park Rental/per hour (2 minimum)
Up to 50 participants allowed 35.00 45.00 575
Concrete Park Rental/per hour (2 minimum)
Up to 100 participant allowed 50.00 90.00 575
Option fee: Onsite Instructor/per hour
Multiple instructors available for large groups 15.00 45.00 575
Security/Cleaning Deposit 9 per facility)-flat/80% refundable 100.00
Director is authorized to waive the user fee/entrance fee for special events which are determined to be beneficial
to the City of Fresno.
Refund processing fee for charges greater than $50.
PARKS, RECREATION, & COMMUNITY SERVICES DEPARTMENT
Note: Park entrance fee shall be waived for motor vehicles displaying a valid Disabled person Placard/Decal, or motor
vehicles in which a U.S. active duty military member or family member with proper identification is a passenger or
driver, or motor vehicles displaying a California State "Gold Star" license plate.
Holiday rate applies to the following holidays: Easter, Cinco de Mayo (closest weekend), Mother's Day,
Memorial Day, Father's Day, Independence Day (observed), Labor Day.
Year round / per vehicle in which a senior citizen (age 65 or older) is a
passenger or driver
Roeding Park Entrance Fee (Roeding and
Woodward Parks and Regional Sports Complex)*
All fees effective 07/01/2022 7/01/2023 unless otherwise noted
MFS Amendment #565 575 (January 2022 2023) (12/23/20221:17 PM)Page 67
CITY OF FRESNO
MASTER FEE SCHEDULE
GENERAL RECREATION FEES
Fee Description & Unit/Time Current Proposed Amnd
A processing fee of $15 will be assessed to issue refunds.Delete 554 575
Woodward Park Picnic Table Reservation Fee*Delete 489 575
Year round / per table:
Gazebo / Group Activity Area**15.00 525
Picnic shelters 30.00
Woodward Park Redwood Glen Rental (half-day)50.00 Delete 525 575
Urban Growth Management (UGM) Park Fees See Development Fees Department-UGM
Director is authorized to waive the user fee for special events which are determined to be beneficial to the City of
Fresno. Security may be required at the discretion of the Director of Parks, After School, Recreation and Community
Services. Cleaning deposit and/or performance bond may be required for special events. Fees for cleaning deposit
and/or performance bond are not included in reservation fees and may be charged to all groups at the rates listed in
the Master Fee Schedule.
Group Activity Area table are only available on Select dates and are reservable in groups of two or four tables.
PARKS, RECREATION, & COMMUNITY SERVICES DEPARTMENT
All fees effective 07/01/2022 7/01/2023 unless otherwise noted
MFS Amendment #565 575 (January 2022 2023) (12/23/20221:17 PM)Page 68
CITY OF FRESNO
MASTER FEE SCHEDULE
MEMORIAL AUDITORIUM RENTAL RATES
Fee Description & Unit/Time Current Amnd
Art, Park, Entertainment & Sports (Applicable at all City owned facilities.
The Arts, Park, Entertainment and Sports (APES) ticket surcharge fee is
to be applied to all tickets sold for attendance to all event types and on
each round of golf, irrespective of the ticket selling party,
irrespective of ticket price. The City reserves the right to waive the
surcharge upon City Manager approval).
Per ticket or attendee and on each round of golf 1.00 3.00 546 575
Memorial Auditorium Theater Rental *521
Per day 250.00
Reservation Deposit **464
Up to 3 dates 100.00
4-7 dates 200.00
8 or more dates 300.00
PARKS, RECREATION, & COMMUNITY SERVICES DEPARTMENT
20% of deposit will be withheld for cancellations occurring more than 30 days before the reservation date.
Cancellations received less than 30 days prior to reservation will result in loss of deposit. Deposit will be up to 80%
refundable depending on the condiiton of the facility after completion of the rental agreement.
All organizations will be required to hire a stagehand(s) from stagehand union Local 158 to operate lighting & sound
systems, and will pay the union directly. Minimum call for stagehand (s) is 4 hours.
All fees effective 07/01/2022 7/01/2023 unless otherwise noted
MFS Amendment #565 575 (January 2022 2023) (12/23/20221:17 PM)Page 69
CITY OF FRESNO
MASTER FEE SCHEDULE
FEES MAINTAINED UNDER CONTRACT AGREEEMENT CAMP FRESNO FEES
Fee Description & Unit/Time Current Proposed Amnd
A processing fee of $15 will be assessed to issue refunds.***15.00 45.00 554 575
Camp Fresno Family Camp**^*498
Memorial Day Weekend through first three weeks in September: * City of Fresno Resident 525 575
1 bedroom / per week (7 days/6 nights)270.00 383.00
1 bedroom / per day 50.00 74.00
2 bedroom / per week (7 days/6 nights)487.00 600.00
2 bedroom / per day 84.00 108.00
Other months: Non City of Fresno Resident**575
1 bedroom / per week (7 days/6 nights)221.00 460.00
1 bedroom / per day 37.00 89.00
2 bedroom / per week (7 days/6 nights)379.00 720.00
2 bedroom / per day 69.00 130.00
Improvements Surcharge:Delete 575
Per cabin / per week 113.00
Per cabin / per day 24.00
Reservation deposit prior to April 1st (applied to rental only) 75.00 450
After April 1st Total Rental
Graffiti Removal / per incident 30.00
Recreation Hall / per day 150.00 485
The first two weeks of the season are open to City of Fresno residents only.
Rates shall be administratively adjusted annually beginning January 1, 2023 to reflect the 12 month percentage
change in the U.S. Bureau of labor Statistics Consumer Price Index (CPI) (Urban Wage Earners and Clerical
workers for the San Fransisco-Oakland-San Jose area), for the most current month that data is available.
A non-resident is an individual who lives outside of the City of Fresno limits.
Refund processing fee for charges greater than $50.
PARKS, RECREATION, & COMMUNITY SERVICES DEPARTMENT
All fees effective 07/01/2022 7/01/2023 unless otherwise noted
MFS Amendment #565 575 (January 2022 2023) (12/23/20221:17 PM)Page 70
CITY OF FRESNO
MASTER FEE SCHEDULE
FEES MAINTAINED UNDER CONTRACT AGREEEMENT CAMP FRESNO FEES
Fee Description & Unit/Time Current Proposed Amnd
A processing fee of $15 will be assessed to issue refunds.***15.00 45.00 554 575
Camp Fresno Jr.**^525
Memorial Day Weekend through first three weeks in September:
Organization Camp:
City of Fresno Resident 575
Group rate / per week 2,517.00 3,082.00
Group rate / per day 480.00 576.00
Other months: Non City of Fresno Resident **575
Group rate / per week 2,263.00 3,698.00
Group rate / per day 457.00 691.00
Improvements Surcharge:Delete 575
Group rate / per week 565.00
Group rate / per day 96.00
Reservation deposit / per reserved cabin 250.00
Security deposit / per organization 100.00
Graffiti Removal / per incident 30.00
Camp Day Use Permit 450
Per Vehicle 5.00
Rates shall be administratively adjusted on January 1st annually to reflect the 12 month percentage
change in the U.S. Bureau of labor Statistics Consumer Price Index (CPI) (Urban Wage Earners and Clerical
workers for the San Fransisco-Oaklan-San Jose area), for the most current month that data is available.
in accordance with Reso No. 2015-234. Reso No. 2015-234 will expire five years from the date of its adoption.
A non-resident is an individual who lives outside of the City of Fresno limits.
Refund processing fee for charges greater than $50.
PARKS, RECREATION, & COMMUNITY SERVICES DEPARTMENT
All fees effective 07/01/2022 7/01/2023 unless otherwise noted
MFS Amendment #565 575 (January 2022 2023) (12/23/20221:17 PM)Page 71
CITY OF FRESNO
MASTER FEE SCHEDULE
FEES MAINTAINED UNDER CONTRACT AGREEMENT
Fee Description & Unit/Time Current Proposed Amnd
Community Garden Facilities 484
Application Fee/ Full Year 5.00 per plot
Monthly Plot Fee 3.00 per plot
ACTION SPORTS FEES
Fee Description & Unit/Time Current Proposed Amnd
A processing fee of $15 will be assessed to issue refunds.***15.00 45.00 554 575
FEES MAINTAINED UNDER CONTRACT AGREEMENT
Annual Membership - National Bicycle League 45.00 468
Local Race Fee - per rider* 12.00
Local Practice - per rider 6.00
BMX/Skate Contest Fees 489
Amateur Contest/Per Entry 15.00
Pro Contest/Per Entry 30.00
Refund processing fee for charges greater than $50.
PARKS, RECREATION, & COMMUNITY SERVICES DEPARTMENT
Family Local Race Discount: First two riders pay full price and 3rd or more riders receive 50% discount.
All fees effective 07/01/2022 7/01/2023 unless otherwise noted
MFS Amendment #565 575 (January 2022 2023) (12/23/20221:17 PM)Page 72
CITY OF FRESNO
MASTER FEE SCHEDULE
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.
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
207.43^ blended hourly rate applies.
PLANNING & DEVELOPMENT FEES
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.
Fee reductions noted with "**" are available for encouragement of "inner city" projects in the area described
below (indicated by "IC", "IC-H", "IC-P" and “IC-HT”) (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.
LAND USE, ZONING, AND SUBDIVISION
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.
All fees effective 07/01/2022 07/01/2023 unless otherwise noted
MFS Amendment #565 575 (January 2023) 12/23/20221:30 PM Page 90
CITY OF FRESNO
MASTER FEE SCHEDULE
LAND USE AND ZONING
Fee Description & Unit/Time Current Proposed Amnd
Encroachment 565
Public right-of-way See Street Work Fees
Public utility easement / per application See "Encroachment" in Public Works section
Rear yard encroachment See Development Permit Review Fees
Environmental Assessment Fee (all private and non-entitlement public projects)565
NOTE: Environmental Assessment fees
shown with asterisks (**) will bereduced by 50 percent
for the inner-City areas.
Categorical Exemption / per application 621.18**^565
Negative Declaration / per application 6,620.04**^
Mitigated Negative Declaration/per application 11,792.49**^
Related Special Studies for all Eas hrly rate*^
Planning Review of others' Special Studies (each)374.00
Planning Review of Traffic Studies (each)622.29^
Outsourced Initial Study
City Facilitation 3,103.69^
Consultant Costs 22,185.11^
Application/Filing Fees (on Negative Declarations,565
Mitigating Negative Declaration)
City filing fee/application + filing fees 55.00 511
County Clerk filing fee/application + filing fees. 50.00 565
Fire Department Review Private Project / per application 247.00 247.00SS 575
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.
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
All fees effective 07/01/2022 07/01/2023 unless otherwise noted
MFS Amendment #565 575 (January 2023) 12/23/20221:30 PM Page 95
CITY OF FRESNO
MASTER FEE SCHEDULE
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 207.43^560
Historic Preservation Application 1,448.69^560
Map - Tentative Parcel Map 560
NOTE: Parcel Map fees shown with an asterisk (**) will be
reduced by 50 percent for Inner-city areas.
Pre-application and Verification 3,103.69^
Tentative Parcel Map Filing (5 lots or more) / each 8,275.04**^
Tentative Parcel Map Filing (4 lots or less) / each 6,206.28**^
Environmental Assessment
Traffic Engineering Review tentative parcel map / per request 560
Fire Department Review tentative parcel map / each 134.00
Parks, Recreation & Community Review tentative parcel map / each 31.00 409
Revised Tentative Parcel Map 560
NOTE: All Revised Parcel Maps are billed based on total staff
Time and Materials with a base deposit as listed.*
Major / each minimum deposit 1,655.01^
Minor / each minimum deposit 827.50^
Time Extension or Continuation of scheduled 2,068.76^560
item at the request of applicant
Revised Conditions
Minor 827.50^
Major 2,482.51^
Map - Final Parcel Map See Subdivision Delete 575
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)
See Environmental
Assessment Fees
All fees effective 07/01/2022 07/01/2023 unless otherwise noted
MFS Amendment #565 575 (January 2023) 12/23/20221:30 PM Page 97
CITY OF FRESNO
MASTER FEE SCHEDULE
LAND USE AND ZONING
Fee Description & Unit/Time Current Proposed Amnd
Traffic Engineering Review tentative tract map / per request 560
Parks, Recreation & Community Review tentative 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 560
Major / each 12,412.57^
Minor / each 4,137.53^
Time Extension or Continuation of scheduled 5,586.21^ 560
item at the request of applicant
Map - Final Tract Map Filing See Subdivision Delete 575
Section
Master Development Agreement 560
NOTE: All Master Development Agreements are billed based
on total time & materials with a base deposit require as listed.*
Master Development Agreement base deposit 31,652.60^
Meetings - Planning Commision, City Council 560
Special Meeting at request of applicat / per request 2,276.19^
Time Extension or Continuation of scheduled item at
the request of applicant 1,862.44^
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)
All fees effective 07/01/2022 07/01/2023 unless otherwise noted
MFS Amendment #565 575 (January 2023) 12/23/20221:30 PM Page 99
CITY OF FRESNO
MASTER FEE SCHEDULE
LAND USE AND ZONING
Fee Description & Unit/Time Current Proposed Amnd
Refunds, Handling Charge 560
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 207.43^
Release Hold on Occupancy 560
Planning Entitlement related 61.01^
Subdivision Entitlement related 458.12^
Release of Lien
Recording of release of lien on real property / per release 66.56^ 560
Response to Zoning Inquiries--Written 560
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 207.43^
Response to other / specialized questions 579.03^
Per Parcel / Address fee for requests for multiple addresses 207.43^
or parcels
Waiver or Interpretation of Development Standards (staff 827.50^
support for process)
Rezoning*
NOTE: Rezone fees shown with asterisks(**) 565
will be reduced by 50 percent for the inner-city areas.
Rezone (all) 12,412.57** ^
Modifications to zoning conditions 11,378.75** ^
Fire Prevention fee per application 134.00 134.00SS 575
Traffic Engineering review
Rezone, all other districts / per application 110.00 110.00SS 575
Rezone, single family / per application 110.00 110.00SS 575
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 516.92^ 560
Temporary Use Permit 560
Minor/ over the counter 207.43^
Major / routed 310.59^
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
All fees effective 07/01/2022 07/01/2023 unless otherwise noted
MFS Amendment #565 575 (January 2023) 12/23/20221:30 PM Page 101
CITY OF FRESNO
MASTER FEE SCHEDULE
SUBDIVISION
Fee Description & Unit/Time Current Proposed Amnd
Building Plan Check - Planning Review 560
Commercial 52.13^
Residential 310.59^
Building Plan Check - Offsite Improvements 560
Commercial 332.78^
Residential 413.76^
Covenants 560
Preparation and recording 1,655.01^
Revision of Covenant 1,034.93^
Release of Covenant 621.18^
Map - Tentaive Parcel Map See Land Use 511
and Zoning Section
Map - Final Parcel Map Delete 560 575
Final Parcel Map filing (5 lots or more) / each 5,694.91^
Final Parcel Map filing (4 lots or less) / each 4,240.69^
Parcel Map Waiver Certificate request / per request 858.57^
Map - Tentaive Tract Map See Land Use 511
and Zoning Section
Map - Final Tract Map Filing Delete 560 575
Map 6,908.44^
Per 50 lots 2,026.61^
Meeting -Planning Commission, City Council 560
Special Meeting at request of applicant / per request 2,276.19^
Time Extension or Continuation of scheduled item at
the request of applicant 1,862.44^
Special Agreements 560
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 Delete 575
Early Issuance of Building Permit / per agreement 2,068.76^
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
All fees effective 07/01/2022 07/01/2023 unless otherwise noted
MFS Amendment #565 575 (January 2023) 12/23/20221:30 PM Page 104
CITY OF FRESNO
MASTER FEE SCHEDULE
PARKING FEES
Fee Description & Unit/Time Current 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
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 560
in Garages and Lots - Non-Event Days
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
Special Events Parking at Roeding and Woodward Parks and New 575
Regional Sports Complex / per vehicle
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
10.00 - $25.00
See PARCS
Regional Parks
Special Event
Parking Fees
All fees effective 07/01/2022 07/01/2023 unless otherwise noted
MFS Amendment #565 575 (January 2023) 12/23/20221:30 PM Page 120
CITY OF FRESNO
MASTER FEE SCHEDULE
GENERAL FEES
Fee Description & Unit/Time Current Proposed Amnd
ATM1 area incident report 25.00
Collection Agency Fee 25% 393
Concealed Weapons Permit
Initial permit / per permit 100.00
Renewal / per permit 25.00
Amendment / per permit 10.00
Fingerprints / per permit 15.00
Contracted Law Enforcement Services 569 575
Senior Community Service Officer / per hour 44.50 47.40
Officer / per hour 69.77 74.93
Supervisor (Sergeant) / per hour 84.28 90.31
Lieutenant (per hour)74.11 80.15
Captain (per hour)85.33 92.28
Deputy Chief (per hour)94.28 101.97
Police vehicle 20.00 flat rate
Disturbance Response (barking dogs, loud parties, 413
etc.):
1st Response - Warning Only - No Fee -0-
2nd and Subsequent Responses within six month 50.00
period - progressive fee structure, assessed per
response
Documented Event Report 2.50
Driving Under Influence 415
Driving Under Influence Injury Accident 483.00
Driving Under Influence Fatal Accident 1,000.00
Legal Blood Draw or Urinalysis 175.00
First Offender Prostitution Program Class
Each 1 day class 500.00
1 Automatic Teller Machine
POLICE DEPARTMENT
All fees effective 07/01/2022 7/01/2023 unless otherwise noted
MFS Amendment #565 575 (January 2022 2023) [12/12/202212:09 PM]Page 140
CITY OF FRESNO
MASTER FEE SCHEDULE
GENERAL FEES
Fee Description & Unit/Time Current Proposed Amnd
Police Reports
Accident, injury or non-injury
Report that contains 10 pages or less -0-
Report that contains 11 pages or more 0.20 / page
Other reports
Report that contains 10 pages or less -0-
Report that contains 11 pages or more 0.20 / page
Public Safety Alarms -- Response to False Alarm 401
One response each fiscal year -0-
Second or more responses each fiscal year/each 155.00
Regional Training Center Facilities Fees 489
Range Office - monthly 450.00
Shared Range Office - monthly 225.00
Classroom - daily 250.00
Classroom - half day 175.00
Mat Room - daily 400.00
Mat Room - half day 250.00
Pistol Range - daily 600.00
Pistol Range - half day 400.00
Rifle Range - daily 700.00
Rifle Range - half day 450.00
Tactical House - daily 500.00
Tactical House - Half day 350.00
Range Fee - Daily rate per person 18.00 525
Emergency Vehicle Operations Course (EVOC) - daily 1,300.00
Drive Awareness Pad - daily 400.00
K-9 Filed - daily 200.00
Pursuit Car - daily 88.00
PIT Car - daily 75.00
Motorcycle - daily 96.83 525
Training Officer - Hourly Straight Time 72.37 78.37 569 575
Training Officer - Hourly Overtime 75.67 81.84 569 575
Training Sergeant - Hourly Straight Time 85.90 93.13 569 575
Training Sergeant - Overtime 91.19 98.63 569 575
POLICE DEPARTMENT
All fees effective 07/01/2022 7/01/2023 unless otherwise noted
MFS Amendment #565 575 (January 2022 2023) [12/12/202212:09 PM]Page 142
CITY OF FRESNO
MASTER FEE SCHEDULE
SOLID WASTE RATES**
Fee Description & Unit/Time Current Proposed Amnd
Commercial Service Franchised Effective 12/05/2011 510
Commercial Recycling & Green Waste Service Franchised Effective 12/05/2011 510
Roll Off Service Franchised Effective 10/31/2011 510
Multi-Family Service Franchised Effective 12/05/11 510
Commercial/Multi-Family Recycling Service Franchised Effective 12/05/11 510
SOLID WASTE, NON-BIN/COLLECTION SERVICES*483
Single-family Residential
Basic service / per month
One 96-gallon container one day per week 25.37
Additional automated containers (12-month minimum) after
first 96-gallon container:
64-gallon container / per month 7.43
96-gallon container / per month 10.25
96-gallon green waste container / per month 3.87
96-gallon recycling container / per month 3.74
Alternative service / per month
One 64-gallon container one day per week 19.20
Senior Citizen (62 years or older) meeting all the conditions listed 483
below / per month:
1 Service must be in name of senior citizen;
2 Occupants of residence must be senior citizen or
dependents of senior citizen;
3 Benefitting senior citizen must meet California Public
Utilities Commission poverty level guidelines;
4 Benefitting senior citizen must notify the City when they no
longer qualify.
Basic service / per month
One 96-gallon container one day per week 21.81
One 64-gallon container one day per week 16.51
Container Exchange 35.28 554
Container Exchange for New 64 gallon container 72.49 85.56 565 575
Container Exchange for New 96 gallon container 82.71 100.60 565 575
Fee changes effective 09/01/09
Rates shall be adjusted annually by staff during the budget process to reflect the rates in effect as
per Reso. No. 2007-79
PUBLIC UTILITIES DEPARTMENT
All fees effective 07/01/2022 07/01/2023 unless otherwise noted
MFS Amendment #565 575 (January 2022 2023) [12/10/20229:23 AM]Page 148
CITY OF FRESNO
MASTER FEE SCHEDULE
SOLID WASTE RATES**
Fee Description & Unit/Time Current Proposed Amnd
Solid Waste, Special Haul 554 575
30 minute minimum 68.65 70.20
Each additional 15 minutes or fraction over 30 minutes 16.00 16.73
Illegal Dumping Cleanup
1 hour minimum 377.11 561
Each additional 15 minutes 19.74
Foreman's Charge 44.02 61.62 554 575
Skip Fee (Resident Oversight)528
1st two incidents each fiscal year No Charge
3rd incident and each incident thereafter in a fiscal year 16.27 16.69 554 575
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
PUBLIC UTILITIES DEPARTMENT
All fees effective 07/01/2022 07/01/2023 unless otherwise noted
MFS Amendment #565 575 (January 2022 2023) [12/10/20229:23 AM]Page 149
CITY OF FRESNO
MASTER FEE SCHEDULE
WATER RATES**
Fee Description & Unit/Time Current Proposed Amnd
Penalties (continued)
Fire hydrant damage repair fee
Excavation not required 669.00 725.00 561 575
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 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
All fees effective 07/01/2022 07/01/2023 unless otherwise noted
MFS Amendment #565 575 (January 2022 2023) [12/10/20229:23 AM]Page 160
CITY OF FRESNO
MASTER FEE SCHEDULE
WATER RATES**
Fee Description & Unit/Time Current Proposed Amnd
Service Work (related to remedy of illegal water connection)561
Blind washer installation / per service 129.00 138.00 575
Blind washer removal / per service 129.00 138.00 575
Service Disconnection / per service 301.00 319.00 575
Service Restoration / per service 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:561 575
Water, Discontinuance & Restoration of service (except 238.00 254.00
emergency) per call
Water, Temporary Service*561
Single Family Residential (metered)See Water Metered 487
Service Rates
Fire hydrant permit 27.00
Fire hydrant wrench deposit 125.00
3-inch Fire Hydrant Meter Deposit 1,282.00
Testing and Cleaning Fee 131.00 155.00 561 575
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).
All fees effective 07/01/2022 07/01/2023 unless otherwise noted
MFS Amendment #565 575 (January 2022 2023) [12/10/20229:23 AM]Page 161
CITY OF FRESNO
MASTER FEE SCHEDULE
WATER RATES**
Fee Description & Unit/Time Current Proposed Amnd
Well Drilling Permit and Inspection 561
Water Supply Well Permit / each 293.00
Water Supply Well Inspection / each 359.00
Monitoring Well Permit / each 293.00
Monitoring Well Inspection / each 342.00 369.00 575
Well Destruction & Abandonment 561
Water Supply/Monitoring Wells / each)
Well Abandonment Permit 293.00
Well Abandonment Inspection 207.00
Well Destruction Permit 293.00
Well Destruction Inspection 342.00 369.00 575
Underground Utility Re-mark Fee (per call back)166.00 177.00 561 575
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
All fees effective 07/01/2022 07/01/2023 unless otherwise noted
MFS Amendment #565 575 (January 2022 2023) [12/10/20229:23 AM]Page 162
CITY OF FRESNO
MASTER FEE SCHEDULE
ENGINEERING, INSPECTION, AND STREET WORK
Fee Description & Unit/Time Current Proposed Amnd
Map - Final Parcel Map*
Final Parcel Map filing (5 lots or more) / each 5,694.91^ 575
Final Parcel Map filing (4 lots or more) / each 4,240.69^ 575
Map - Final Tract Map Filing*
Map 6,908.44^ 575
Per 50 lots 2,026.61^ 575
Inspection, Subdivision 409
0 to $10,000
Final cost estimate 11.52%
Minimum 600.00
10,000 to $500,000 4,836.00
Over $10,000 Final cost estimate +3.25%
Over $500,000 20,793.00
Final cost estimate +4.1%
Extension of time for final inspection
Inspection fee 11%
Minimum 562.00
Inspection, Street Work 456
Permit - Minimum 175.00
Permit Processing Fee - Level 1 (Application does not include 65.00 546
associated drawings or plans)
Permit processing Fee - Level 2 (Applications including associated 140.00 546
drawings or plans, documents required for submittal, verification
of insurance approval, verification of fees, verification of off-site
right-of-way dedications, public utility and pedestrian easements, etc.)
Violation for working within City
right-of-way without a street work permit
Each occurrence 1,000.00 546
Alley, paved / per square foot 0.12
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.
Existing fee moved from Planning and Development Section.
PUBLIC WORKS DEPARTMENT
All fees effective 07/01/2022 07/01/2023 unless otherwise noted
MFS Amendment #565 575 (January 2022 2023) [12/10/20229:31 AM Page 167
CITY OF FRESNO
MASTER FEE SCHEDULE
ENGINEERING, INSPECTION, AND STREET WORK
Fee Description & Unit/Time Current Proposed Amnd
Plan Review - continued
Public Improvement Plan Check 456
0 to $50,000 4.5% or $500
Final cost estimate whichever is
more
50,000 to $250,000 2,250.00
Final cost estimate over $50,000 +2%*
Over $250,000 6,250.00
Final cost estimate over $250,000 +1.8%*
Special Agreement*
Advance Construction Permit (ACP) 450.00 575
Sewer/Water; Streets) or At-Risk Permit
Sewer/Water only) / per agreement
Street Work Inspection -- Public Utilities 546
For work items not listed, the fee shall be for similar work or as
determined by the City Construction Engineer. Subdivision utilities
shall be exempt except for utilities installed in paved areas or
streets.
Permit Processing Fee - Level 2 (Applications including 140.00
associated drawings or plans, documents required for
submittal, verification of insurance approval,
verification of fees, verification of off-site right-of-way dedications,
public utility and pedestrian easements, etc.)
546
work permit
Each Occurrence 1,000.00
Minimum:
Minor street project / per location 60.00
Major Street project / per permit 135.00
Structures (vaults, manholes, etc.) / per structure 75.00
Trench backfill: 409
Less than 100 linear feet 100.00
Over 100 linear feet 100.00
Each additional 100 linear feet or fraction +30.00
Trench backfill and paving (A/C or PC concrete)
Less than 100 linear feet 175.00
Over 100 linear feet 175.00
Existing fee moved from Planning and Development Section.
Violation for working within City right-of-way without a street
PUBLIC WORKS DEPARTMENT
All fees effective 07/01/2022 07/01/2023 unless otherwise noted
MFS Amendment #565 575 (January 2022 2023) [12/10/20229:31 AM Page 171
Type of
Change
Fee
Change Current Annual Annual Change Comments
FRESNO YOSEMITE INTERNATIONAL AIRPORT - PARKING
Fee Description & Unit/Time Current Proposed Amnd
Daily / Long-term - per 24 hours
Flat Rate per day or fraction of one day 14.00 15.00 575 Increase 592,047.00 74,006.00
Economy Parking Lot - flat fee per 24 hours 8.00 10.00 575 Increase 592,047.00 74,006.00
Hourly / Short-term
Over 3 hours to 4 hours
Over 4 hours to 5 24 hours 15.00 Text
Over 5 hours to 24 hours 18.00 Delete 575 Delete
Lost ticket minimum charge - Short-term daily rate 18.00 15.00 575 Decrease
Handicapped spaces in public lot Same as term rate Delete 575 Delete
First 2 hours free in Short-term or uncovered Long-term only)
FRESNO YOSEMITE INTERNATIONAL AIRPORT - SECURITY BADGE
Fee Description & Unit/Time Current Proposed Amnd
Security Badge
Non-returned badge (if not returned with 2 weeks)25.00 50.00 575 Increase 25.00
Lost or stolen badge replacement - per badge 25.00 50.00 575 Increase 25.00
FRESNO YOSEMITE INTERNATIONAL AIRPORT - OTHER FEES
Fee Description & Unit/Time Current Proposed Amnd
Airports Rules & Regulations Violations ***575 New
First Enforcement New 100.00 100.00
Second Enforcement New 500.00 500.00
Third Enforcement New 1,000.00 1,000.00
As stated in Airports Rules and Regulations & the Tenant Handbook.Text
FRESNO YOSEMITE INTERNATIONAL AIRPORT - OTHER FEES
Fee Description & Unit/Time Current Proposed Amnd
Keys (Provided to Tenants)
Each key over first 6 10.00 15.00 575 Increase 5.00 0.00 2,000.00
Terminal Conference Room **
Hourly rate (per hour basis)12.50 Delete 575 Delete Delete line and language of the hourly basis since rentals are based
on half day and full day rental rates.
FY 2024 Proposed Master Fee Schedule Updates - Airports Summary
Exhibit "A"
Page
Redline Changes
AIRPORTS
Page 5
Increase is due to the increases in all parking facility operating
costs. Current fee was not updated in FY 2022. This rate is the
middle point between the current $8 rate and the $10 in the
Parking study conducted in 2019.
Simplify and remove unnecessary and outdated wording that is
consistent with the current rate structure.
AIRPORTS
Page 9
AIRPORTS
Page 8
AIRPORTS
Page 6
Audits are performed every year to determine the unaccounted
badges. Incentive for higher accountability, safety and security and
a reduced number of unaccounted badges.
The addition of these fees is so tenantscan be charged if they are
determined to be in violation of Airport rules. Examples include
Violation of airfield driving rules, hazardous material spill, cleanup
of spills and litter as well as foreign object debree, etc. Currently
notification letters are being sent out regarding discovered
violations. However, their is no enforcement to deter further
violations.
3,750.003,750.00
10,000.00
To cover higher cost for rekeying not returned and lost keys. The
cost to cut a new key and stamp with ID is $8.50 plus the time and
labor $6.50 for a total of $15
Revised 12/23/20221of26
Type of
Change
Fee
Change Current Annual Annual Change Comments
FY 2024 Proposed Master Fee Schedule Updates - Airports Summary
Exhibit "A"
Page
Redline Changes
FRESNO CHANDLER DOWNTOWN AIRPORTS
Fee Description & Unit/Time Current Proposed Amnd
Commercial Aviation Permit 575 New 250.00
Per Month New 250.00
Commercial Aviation Flight School Permit 575 New 250.00
Annual Permit New 250.00
Rentals
Hangar Waitlist Fees New 150.00 575 New 12,000.00
Admin Fee $50.00 (non-refundable) plus $100.00 Fee
refundable or applied to Security Deposit)
Chandler Airport T-Hangar
Hangar per month 245.00 300.00 575 Increase 55.00
Chandler Hi-Low Multi-Aircraft Hangar
Hangar per month 150.00 200.00 575 Increase 50.00
Chandler Multiple Aircraft Hangar
Aircraft per month 175.00 225.00 575 Increase 50.00
Chandler T-Hangar Storage
Hangar Storage per month 30.00 100.00 575 Increase 70.00
Chandler Shade Hangar
Hangar per month 95.00*125.00 575 Increase 30.00
FRESNO CHANDLER DOWNTOWN AIRPORTS
Fee Description & Unit/Time Current Proposed Amnd
Chandler Office in Terminal Building
Small - Office per month New 210.00 575 New
Large - Office per month 150.00 265.00 575 Increase 115.00
Chandler Conference Room in Terminal Building 575 New 2,500.00
Half Day New 50.00
Daily New 100.00
Always receives numerous requests to hold special events. The
fees will recover the cost it take to set up the conference room,
cleaning, monitoring, and any other admin cost such electricity.
AIRPORTS
Page 11
This permit is for individual conducting business on the Aiport
premises (ie. repairing private aircrafts or private flight lesson).
The fee will be to recover the cost in processing the permit and the
administration time that it requires. The permit will also require
tenants to maintain liability insurance to protect the City from any
commercial operations that might be taking place on their airfield.
135,280.00 132,885.00
AIRPORTS
Page 10
The non refundable one-time admistrative fee of $50 is for upkeep
and staff time working on contacts on the list when the Hangar
becomes available. The additional $100 fee is applied towards the
lease if the waitlist follows through. Fee is in line with other like
general aviation airports in how they handle waiting list for aircraft
hangar request.
Always sought out for use. Currently there is a flat rate of $150 per
month for rental of the office space at FCH. The revised fee will
allows for properly charging based on office size. The per square
foot rate is consistent with both sizes, at $1.25 sq.ft.
3,600.00
5,000.00
Current fees have not been updated since 2015. Current hangar
fees need to be updated to maintain Fair Market Value.
Benchmark Airports used to determine Fair Market value are
Reddley Municipal Airport and William Robert Johnston Municipal
Airport in Mendota.
2,100.00
Revised 12/23/20222of26
Type of
Change Fee Change Current Annual Annual Change Comments
ROBERT A. SCHOETTLER CONFERENCE CENTER - BASIC RATES*
Rates of Conference Center, except as otherwise provided for, shall be at the discretion of the Director
of the Convention Center. Generally, rates shall be the Basic Rates, as stated; for food functions only,
the rates shall be either: 1) the Basic Rate as stated; or 2) 14 perent of food gross receipt, plus 25
percent of alcoholic beverages gross receipts, plus per contract percent beer gross receipts,
whichever is greater.
Fee Description & Unit/Time Current Proposed Amnd
Art, Park, Entertainment & Sports* (at all City owned facilities 0.75 Delete 462 575 Delete
that comprise the Fresno Convention & Entertainment Center, the
Riverside Municipal and Airways Golf Courses. 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).
Surcharge is to sunset or is up for renewal at the end of FY 2010.
8 a.m. to 12 midnight
Grand Banquet (4 salons), daily rate (including holidays and New Delete 393 575 Delete
Year's Eve)
8 a.m. to 12 noon 850.00
12 noon to 6 p.m.850.00
6 p.m. to 12 midnight 1500.00
8 a.m. to 6 p.m.1400.00
8 a.m. to 12 midnight 1600.00
Banquet Rooms (3 salons), daily rate (including holidays and New Delete 393 575 Delete
Year's Eve)
8 a.m. to 12 noon 750.00
12 noon to 6 p.m.750.00
6 p.m. to 12 midnight 1200.00
8 a.m. to 6 p.m.1100.00
8 a.m. to 12 midnight 1400.00
Banquet Rooms (2 salons), daily rate (including holidays and New Delete 393 575 Delete
Year's Eve)
8 a.m. to 12 noon 550.00
12 noon to 6 p.m.550.00
6 p.m. to 12 midnight 850.00
8 a.m. to 6 p.m.750.00
8 a.m. to 12 midnight 1,200.00
Meeting Rooms (1 salon), daily rate (including holidays and New Delete 393 575 Delete
Year's Eve)
8 a.m. to 12 noon 320.00
12 noon to 6 p.m.320.00
6 p.m. to 12 midnight 550.00
8 a.m. to 6 p.m.420.00
8 a.m. to 12 midnight 750.00
The Robert A. Schoettler Convention Center is no longer
under the City's owership.
FY 2024 Proposed Master Fee Schedule Updates - Convention Center Summary
Exhibit "A"
Page
Redline Changes
Conv.
Center
Page 18
Revised 12/23/20223of26
Type of
Change Fee Change Current Annual Annual Change Comments
FY 2024 Proposed Master Fee Schedule Updates - Convention Center Summary
Exhibit "A"
Page
Redline Changes
ROBERT A. SCHOETTLER CONFERENCE CENTER - BASIC RATES
Fee Description & Unit/Time Current Proposed Amnd
Meeting Rooms (medium), daily rate (including holidays and New
Year's Eve)Delete 575 Delete
8 a.m. to 12 noon 210.00
12 noon to 6 p.m.210.00
6 p.m. to 12 midnight 320.00
8 a.m. to 6 p.m.260.00
8 a.m. to 12 midnight 420.00
Meeting Rooms (small), daily rate (including holidays and New Delete 575 Delete
Year's Eve)
8 a.m. to 12 noon 100.00
12 noon to 6 p.m.100.00
6 p.m. to 12 midnight 150.00
8 a.m. to 6 p.m.150.00
8 a.m. to 12 midnight 200.00
Overtime (hour or fraction)
Meeting Rooms:Delete 575 Delete
All rooms 150.00
Single room 100.00
Other Facilities 200.00
Exhibition Rates, in-lieu of or in addition to Basic or Special Rates,Delete 393 575 Delete
space
Square foot per day 0.24
Special Rates Delete 575 Delete
Amateur Athletic event (hosted by a non-profit association,
affiliated with the United States Olympic Committee)
Social activities 30% of Basic Rate
Meeting activities -0-
1,500 room nights and
3 days duration
City of Fresno, other than public disaster or emergency Basic Rate
Convention of Record with the International Association of
Convention Bureaus or Fresno Bureau
Social activities 30% of Basic Rate
Meeting activities -0-
Theatre and/or Exhibit Hall Ballroom Use 1,000 room nights
Arena Use 2,000 room nights
Exhibit Hall Use
Halls I, II, and III 3,000 room nights
Meeting Rooms only 1,500 room nights and
Public disaster or emergency -0-
The Robert A. Schoettler Convention Center is no longer
under the City's owership.
Conv.
Center
Page 19
Revised 12/23/20224of26
Type of
Change Fee Change Current Annual Annual Change Comments
GENERAL GOVERNMENT FEES
Fee Description & Unit/Time Current Proposed Amnd
City Hall Rental - Additional Services(hourly 554 575
Custodian 30.00 37.50 Increase 7.50
Security Guard 32.70 35.20 Increase 2.50
After Hours City Hall Access (per hour)79.50 113.20 Increase 33.70
Electrician 69.00 71.30 Increase 2.30
Property Maintenance Worker 52.00 57.80 Increase 5.80
GENERAL RECREATION FEES New section duplicated from PARCS
Fee Description & Unit/Time Current Proposed Amnd
A processing fee of $45 15 will be assessed to issue refunds. ***15.00 45.00 554 575 Increase 30.00 100.00 800.00
For labor charges - Staff Analyst, Senior/Principal Account Clerk
processing and cutting check
24 x 16 Video Projection System 575 Duplicate
Rental (4 hr minimum)300.00
Recreation staff additional per hr 35.00
Bounce House Permit (need Hold Harmless Agreement & Liability 575 Duplicate
Insurance)20.00
Woodward Park Rotary Amphitheater**575 Duplicate
Daily Rental **1,500.00
or 10%
Concession Fee 35% payment of gross 575 Duplicate
event concession revenue
Performance Bond 175.00 - 500.00 575 Duplicate
100% refundable upon successful completion of the rental
agreement in accordance with also agreed upon terms and
conditions)
Cleaning Deposit 1,000.00 575 Duplicate
Up to 80% refundable dependent on the condition of the
facility after completion of the rental agreement)
Improvement Fee per ticket ATSA*3.00 575 Duplicate
Event Staffing (4 hr. minimum)15.00 hr (4
hr.min)31.00 575 Duplicate 2,000.00 4,000.00 Special Events added to General Govt. Fee increase reflects
minimum wage and indirect administrative staff.
Rehearsals (scheduling permitting)350.00 575 Duplicate Special Events added to General Govt
per day
Amphitheater Ticket Surcharge Amount (ATSA).
1,500.00 or 10% of gross ticket sales whichever is greater plus collection of improvement fee effective 1/1/2009.Text
Refund processing fee for charges greater than $50.00.
Special Events added to General Govt
Special Events will stay in PARCS, but will be added to General
Govt
FY 2024 Proposed Master Fee Schedule Updates - City Manager's Office Summary
Exhibit "A"
Page
Redline Changes
GSD
General
Govt Page
47 Changes are based by the new approved contract.
General
Govt
Page 55
Revised 12/23/20225of26
Type of
Change Fee Change Current Annual Annual Change Comments
FY 2024 Proposed Master Fee Schedule Updates - City Manager's Office Summary
Exhibit "A"
Page
Redline Changes
MEMORIAL AUDITORIUM RENTAL RATES
Fee Description & Unit/Time Current Proposed Amnd
Art, Park, Entertainment & Sports (Applicable at all City owned facilities.
The Arts, Park, Entertainment and Sports (APES) ticket surcharge fee is Special Events added to General Govt
to be applied to all tickets sold for attendance to all event types and on
each round of golf, irrespective of the ticket selling party,
irrespective of ticket price. The City reserves the right to waive the
surcharge upon City Manager approval).
Per ticket or attendee and on each round of golf 1.00 3.00 575 Duplicate 1,780.00 5,340.00
Special Events added to General Govt. Fee proposed to increase
in PARCS to match all other City APES fees.
Memorial Auditorium Theater Rental *575 Duplicate
Per day 250.00
Reservation Deposit **575 Duplicate
Up to 3 dates 100.00 Duplicate
4-7 dates 200.00 Duplicate
8 or more dates 300.00 Duplicate
DOWNTOWN MALLS - VENDOR FEES
Fee Description & Unit/Time Current Proposed Amnd
Portable Stage Set-up / Take Down 575 Duplicate Special Events will stay in PARCS, but will be added to General
Govt
Each Event 1,200.00
Special Events added to General Govt
General
Govt
Page 56
All organizations will be required to hire a stagehand(s) from stagehand union Local 158 to operate lighting & sound
systems, and will pay the union directly. Minimum call for stagehand (s) is 4 hours.
20% of deposit will be withheld for cancellations occurring more than 30 days before the reservation date. Cancellations
received less than 30 days prior to reservation will result in loss of deposit. Deposit will be up to 80% refundable depending
on the condition of the facility after completion of the rental agreement.
Revised 12/23/20226of26
Type of
Change Fee Change Current Annual Annual Change Comments
RIVERSIDE MUNICIPAL GOLF COURSE - GREEN FEES
Fee Description & Unit/Time Current Proposed Amnd
Weekdays 29.00 32.00 568 575 Increase 3.00
after 2 p.m. (PST) / after 3pm (PDST)25.00 28.00 568 575 Increase 3.00
Weekends/Holidays (as identified in FMC 3-116)39.00 42.00 568 575 Increase 3.00
after 2 p.m. (PST) / after 3pm (PDST)27.00 30.00 568 575 Increase 3.00
Tournaments 40.00 43.00 568 575 Increase 3.00
Seniors (62 and over)20.00 22.00 568 575 Increase 2.00
Junior Golf Team 7.00 8.00 568 575 Increase 1.00
Monthly Cards (restricted to the individual named)
Seniors (Unlimited)46.00 48.00 568 575 Increase 2.00
NEIGHBORHOOD CENTER, PARKS, AND PLAYGROUND FACILITIES
Fee Description & Unit/Time Current Proposed Amnd
When determined appropriate by the Director, private or non-profit groups requesting to schedule a special
event at the neighborhood center, park, or playground facilities may be required to provide security guards
from a certified security agency, police officers from the Police Department or additional recreation leaders.
The number of security guards, police officers, or recreation leaders required will be determined by the type
of event and the estimated attendance. Also, the Director is authorized to waive the user fee for Special Text Remove Text
Events which are determined to be beneficial to the City of Fresno.
A processing fee of $45 15 will be assessed to issue refunds. ***15.00 45.00 554 575 Increase 30.00 100.00 800.00 For labor charges - Staff Analyst, Senior/Principal Account Clerk
processing and cutting check
Community & Neighborhood Centers **Text
Picnic / Pavilion Area **25.00 Text
Playfield Sport Field / Court ***Delete 554 575
Lighted (per hour / 2 hour minimum)35.00
Standard Time - after 5pm
Daylight Savings Time - after 8pm
Unlighted faaciltiy (per hour / 2 hour minimum)25.00 489
Security / Cleaning Deposit (per facility) - flat/80% refundable 100.00-500.00
Sport Field / Court League / Tournament Preparation / Per Hour 40.00 Delete 554 575 Delete
Large organized events are by contract only Delete
Text
Includes: Softball, Soccer, Futsal, Rugby, Basketball, Cricket, Hockey, Petanque and Bocce Ball Delete
No longer needed.Was part of the Playfield Sport Field / Court
which was moved to a page 62. When moved 3 asterixs were
then removed.
Refund processing fee for charges greater than $50.00.Text
FY 2024 Proposed Master Fee Schedule Updates - PARCS Summary
Exhibit "A"
Page
Redline Changes
PARCS
Page 57 CPI Increase June 21-22 with a max factor of 7.596%. Total fee
increases are 6.568% of all green fees which does not exceed the
max factor.
PARCS
Page 58
Moved
from page
58 to page
64 Moved Filed/Court Reservation to the same section that has
Regional Sport Complex field reservations.
Not applicable for areas reserved for Special Events with increased impact to park such as, but not limted to: runs, walks, or events.
Additional cost incurred for City services are the responsibility of reservation holder. Ex. Solid Waste cost for additional trash bins.
47,661.001,588,700.00
Revised 12/23/20227of26
Type of
Change Fee Change Current Annual Annual Change Comments
FY 2024 Proposed Master Fee Schedule Updates - PARCS Summary
Exhibit "A"
Page
Redline Changes
GENERAL RECREATION FEES
Fee Description & Unit/Time Current Proposed Amnd
A processing fee of $45 15 will be assessed to issue refunds. ***15.00 45.00 554 575 Increase 30.00 100.00 800.00
Equipment Rentals 409
Chairs / day 0.50
Tables / day 2.00
CFAS (CPR & First Aid)50.00 Delete 575 Delete
464
Group size:
Up to 200 200.00
201 to 500 350.00
Over 500 500.00
Over 1000 1000.00 525
Performance Bond **175.00 - 500.00
100% refundable upon successful completion of the rental
agreement in accordance with also agreed upon terms and
conditions)
Cleaning Deposit **New 100-500 575 $100-$500 3,790.00 NA
Up to 80% refundable dependent on the condition of the
facility after completion of the rental agreement)
Woodward Park Group Activity Area 575 Text Added title "Woodward Group Activity Area"
Group size:
Up to 200 (Max 4 hour)250.00
201 to 500 (Max 4 hour)500.00
Over 500 (Max 4 hour)1,000.00
Over 1000 up to max capacity **(Max 4 hour)2,000.00 489
Confirmed Max capacity is 10K square feet and also dependant
of event setup. Added "up to max capacity"
Note: Cleaning Deposit is based upon the estimated number of attendees to any reserved venue.
Pavillion Group Activity Area is defined as a pavillion and / or picnic shelter. When reserved for use for a
Special Event with increased impact to the park, such as, but not limited to: runs, walks, events with anticipated
attendance over 200 or events open to the general public. Additional costs incurred for City services are the
responsibility of the reservation holder. Ex. Solid Waste costs for additional trash bins.
Max capacity is dependant on event setup.Text Added footnote
Cleaning deposit and/or Performance Bond may be required for activities in areas outside of designated Group Delete
Actvity Areas, including picnic shelters.
Refund processing fee for charges greater than $50.00.Text Added footnote
PARCS
Page 59
Moved
from pg
63 to 59
Removed charge for CPR & First Aid equipment rents - no charge
for rentals
Regional Community & Neighborhood Park Group Activity Areas*
Text and
Moved
from page
63 to 59
Moved to include with Regional and Neighorhood Park Group
area rentals.
Cleaning Deposit did not have a value previously stated in
master fee which was being charged. The fee charged is based on
the number of attendees.
Moved
from page
63 to 59
Up to 200, requires 1 staff labor; up to 500, requires 2 staff labor
for pre and post clean up, stock restrooms. Added "max 4 hour"
time limit to all group size fees.
Update footnote
Removing footnote.
For labor charges - Staff Analyst, Senior/Principal Account Clerk
processing and cutting check
Revised 12/23/20228of26
Type of
Change Fee Change Current Annual Annual Change Comments
FY 2024 Proposed Master Fee Schedule Updates - PARCS Summary
Exhibit "A"
Page
Redline Changes
GENERAL RECREATION FEES
Fee Description & Unit/Time Current Proposed Amnd
A processing fee of $45 15 will be assessed to issue refunds. ***15.00 45.00 554 575 Increase 30.00 100.00 800.00 For labor charges - Staff Analyst, Senior/Principal Account Clerk
processing and cutting check
Regional Park Vehicle Parking Pass 521 575
Annual vehicle parking entrance pass (good at Roeding and
Woodward Parks and Regional Sports Complex):
Year round / per motor vehicle 2 vehicles per pass 50.00 528
replace text with "2 motor vehicles per permit" Average family
household has 2 vehicles.
Senior Citizens (age 62 65 or older)35.00 528
Individuals meeting low-income guidelines as established by 25.00
PG&E's FERA program
510
5.00
3.00
7.00 521
New 5.00-20.00 575
3.00
Roeding Park Picnic Table Reservation Fee*521
Picnic Shleters (full day/year round/per table)20.00
Roeding Park Pergola Rental (half-day)50.00 525
Woodward Park Picnic Table Reservation Fee*489
Year round / per table:
Gazebo / Group Activity Area**15.00 525 Removed Group Activity Area, fee is on page 57
Picnic shelters 30.00
Woodward Park Redwood Glen Rental (half-day)50.00
Urban Growth Management (UGM) Park Fees
Updated text to include Veteran
Director is authorized to waive the user fee/entrance fee for special events which are determined to be beneficial
to the City of Fresno.
Refund processing fee for charges greater than $50.00.Text Added footnote
Special Event rate may vary based on City and event related agreements.Text Added footnote
Year round / per motor vehicle in which a senior citizen (age 65 62 or older)
is a passenger or driver
Holiday rate, per motor vehicle **
Year round / per vehicle in which a senior citizen (age 62 65 or older) is a
passenger or driver Remove "Citizen" in text and reduce age to match CDBG
requirements
Text and
Moved
from page
68 to 60
Moved to flow from Group Area to Regionals and picnic areas
See Development Fees
Department-UGM
PARCS
Page 60
Text and
Moved
from page
67 to 60
Moved to flow from group Areas to Regionals and picnic areas
Remove "Citizen" in text and reduce age to match CDBG
requirements
Roeding Regional Park Entrance Parking Fee (Roeding and
Woodward Parks and Regional Sports Complex)*
Year round / 2 per motor vehicle pass
Note: Park entrance Parking fee shall be waived for motor vehicles displaying a valid Disabled person Placard/Decal, a CA
State "Gold Star" license plate, or motor vehicles in which a U.S. active duty military member Veteran or family member, with
proper identification to waive entrance fees. is a passenger or driver, or motor vehicles displaying a California State "Gold
Star" license plate.Move
from page
67 to 60
Holiday rate applies to the following holidays: Easter, Cinco de Mayo (closest weekend), Mother's Day,
Memorial Day, Father's Day, Independence Day (observed), Labor Day.
Special Events rate / per motor vehicle ****
Revised 12/23/20229of26
Type of
Change Fee Change Current Annual Annual Change Comments
FY 2024 Proposed Master Fee Schedule Updates - PARCS Summary
Exhibit "A"
Page
Redline Changes
GENERAL RECREATION FEES NEIGHBORHOOD CENTER, PARKS, AND PLAYGROUND FACILITIES
Fee Description & Unit/Time Current Proposed Amnd
A processing fee of $45 15 will be assessed to issue refunds. ***15.00 45.00 554 575 Increase 30.00 100.00 800.00
For labor charges - Staff Analyst, Senior/Principal Account Clerk
processing and cutting check
24 x 16 Video Projection System 480 Duplicated
Rental (4 hr minimum)300.00
Recreation staff additional per hr 35.00
Bounce House Permit (need Hold Harmless Agreement & Liability 510 Duplicated
Insurance)20.00
Open Adult Basketball (per day)3.00 Delete 528 575 Delete No longer required
Refund processing fee for charges greater than $50.00.Text
DOWNTOWN MALLS - VENDOR FEES
Fee Description & Unit/Time Current Proposed Amnd
Portable Stage Set-up / Take Down
456
Duplicate
Special Events will stay in PARCS, but will be added to General
Govt
Each Event 1200.00
PARCS
Page 61
Update header to General Recreation Fees (for Special Event
items)
Special Events will stay in PARCS, but will be added to General
Govt
Revised 12/23/202210of26
Type of
Change Fee Change Current Annual Annual Change Comments
FY 2024 Proposed Master Fee Schedule Updates - PARCS Summary
Exhibit "A"
Page
Redline Changes
GENERAL RECREATION FEES
Fee Description & Unit/Time Current Proposed Amnd
A processing fee of $45 15 will be assessed to issue refunds. ***15.00 45.00 554 575 Increase 30.00 100.00 800.00 For labor charges - Staff Analyst, Senior/Principal Account Clerk
processing and cutting check
All Swim Pools/Recreational Swim 568 575 Text Update name for transparency
Children, age 0 to 5 (must be accompanied by an adult)-0- 0.00 Update Update format to match other line charges
Special Pool Rentals *510 575
Private Groups (per hour, 2- hour minimum):
1 to 50 (2 lifeguards)75.00 Delete 575 Delete
51 to 100 (3 lifeguards)110.00 Delete 575 Delete
101 to 150 (4 lifeguards)145.00 575 Text
151 to 200 (5 lifeguards)180.00 575 Text
201 to 250 (6 lifeguards)215.00 575 Text
251 -300 (7 lifeguards)250.00 510 575 Text
Swimming Instruction**510 Text Add: **footnote for free lessons if eligible
All Swim Pools
One session - Ages 3 and up 50.00 528
32.00 Delete 575 Delete
Removed fee and added it as "**" footnote to Swim Instruction.
Community Sports Teams 456
Co-ed Softball / per Team/League 350.00 Delete 480 575 Delete Remove Co ed is the same as slow pitch
Text
Number of attendees removed above due to factors listed in the
updated footnote.
Text
Refund processing fee for charges greater than $50.00.Text
PARCS
Page 62
Senior Guard 1 - additional lifeguard is $16.50 per hour 7.6%
Fringe Lifeguard cert: $ 35 for City staff
Individuals meeting low-income
guidelines as established by
PG&E’s FERA program
Participants that meet eligibility requirements for free lessons are zero cost (under 18, reside in City of Fresno).
Insurance must be purchased from City carrier and the number of lifeguards is determined by the pool location, activities, and the number of
attendees.
remove count of people and include just # of lifeguards min 4
lifeguards
Revised 12/23/202211of26
Type of
Change Fee Change Current Annual Annual Change Comments
FY 2024 Proposed Master Fee Schedule Updates - PARCS Summary
Exhibit "A"
Page
Redline Changes
GENERAL RECREATION FEES
Fee Description & Unit/Time Current Proposed Amnd
A processing fee of $45 15 will be assessed to issue refunds.15.00 Delete 554 575
Equipment Rentals Delete 409 575
Chairs / day 0.50
Tables / day 2.00
CFAS (CPR & First Aid)50.00
Delete 464 575
Group size:
Up to 200 200.00
201 to 500 350.00
Over 500 500.00
Over 1000 1000.00 525
Performance Bond**175.00 - 500.00
100% refundable upon successful completion of the rental
agreement in accordance with also agreed upon terms and
conditions)
Cleaning Deposit**
Up to 80% refundable dependent on the condition of the
facility after completion of the rental agreement)
Group size:
Up to 200 250.00
201 to 500 500.00
Over 500 1,000.00
Over 1000 2,000.00 489
Max capacity is dependant on event setup
Note: Cleaning Deposit is based upon the estimated number of attendees to any reserved venue.
Pavillion Group Activity Area is defined as a pavillion and / or picnic shelter. When reserved for use for a
Special Event with increased impact to the park, such as, but not limited to: runs, walks, events with anticipated
attendance over 200 or events open to the general public. Additional costs incurred for City services are the
responsibility of the reservation holder. Ex. Solid Waste costs for additional trash bins.
Cleaning deposit and/or Performance Bond may be required for activities in areas outside of designated Group
Actvity Areas, including picnic shelters.
PARCS
Page 63
Moved
from Page
63 to 59 Moved for better flow of fees, after facility reservations
Regional Community & Neighborhood Park Group Activity Areas*
Revised 12/23/202212of26
Type of
Change Fee Change Current Annual Annual Change Comments
FY 2024 Proposed Master Fee Schedule Updates - PARCS Summary
Exhibit "A"
Page
Redline Changes
GENERAL RECREATION FEES
Fee Description & Unit/Time Current Proposed Amnd
A processing fee of $45 15 will be assessed to issue refunds. ***15.00 45.00 554 575 Increase 30.00 100.00 800.00
For labor charges - Staff Analyst, Senior/Principal Account Clerk
processing and cutting check
Regional Sports Complex User Reservation Fee 489
Tournament Play Add Add language identifying Tournament Play rates at RSC.
Deposit (80% refundable)500.00 Delete 575 Delete Deleteing duplicate fee
Field Usage Delete 575 Delete
Adult - 2 Fields/hr/4hr minimum 15.00 Delete
Youth - 2 Fields/hr/4 hr minimum 10.00 Delete
Recreation Staff/hr 15.00 Delete 539 575 Delete
Playfield Sport Field / Court *** Field Reservations **554 575
Moved from Neighborhood Parks section page 56 to field
reservations section
Lighted (per hour / 2 hour minimum)35.00 Delete 575
Standard Time - after 5pm
Daylight Savings Time - after 8pm
Unlighted faaciltiy (per hour / 2 hour minimum)25.00 Delete 575
Per Field, per organization, per day / 4 hour max New 25.00 575 25.00
Update to the Field Usage rate, revised language, added 4 hour
max and per day
Security / Cleaning Deposit (per facility) - flat/80% refundable 100.00-500.00 Delete 575
Sport Field / Court League / Tournament Preparation / Per Hour 40.00 45.00 575 5.00 1,200.00 2,400.00 Update for CRA rate. $45 per hour for 20 events a year.
Community & Neighborhood Parks Text Added title to separate from Regional Sports Complex
Tennis Outdoor Court
Per court / per hour 3.00 510 575
Youth Organization Field Reservations ** 480 575 Text
1-2 Per Field per month, per organization, per day/4 hour max 250.00 25.00 575 Decrease (225.00)
3-4 Fields per month, per organization 500.00 Delete 575 Decrease
Tournament (All Star) Flat Fee Per Day **480 575 Text
1-3 Fields per day 100.00 500.00 575 Increase 400.00 0.00 500.00
4 or more Fields per day 150.00 750.00 575 Increase 600.00 0.00 700.00
Security / Cleaning Deposit (per facility) flat / 80% refundable New 500.00 575 Increase 500.00 Added Security Deposit for flat $500 rate similar language to RSC.
Sport Field / Court League / Tournament Preparation / Per Hour 40.00 45.00 554 575 Increase 5.00 1,200.00 2,400.00 Update for CRA rate. $45 per hour for 20 events a year.
PARCS
Page 64
Removed to add field reservations rates per organization with 4
hour max Staff Rate included below.
Moved
from page
58 to 64
Removed lighted vs unlighted, staff no longer needed to
physically turn on.
Moved
from pg
67 to 64
Moved from under Roeding Park to page with Field/Court
reservations
This reduces the exclusive use of fields at neighborhood parks.
This makes the tournament rate at neighborhood park same as
rate at Regional Sport Complex. Revenue is based on 3 practices
per week for an average of 7 groups.
7,000.00 6,650.00
Remove "All Star" to make general Tournament Flat Fee.
Revenue is currently at zero as fees were charged under RSC
above and have now been distinguished as Community and &
Neighborhood Park fees.
Revised 12/23/202213of26
Type of
Change Fee Change Current Annual Annual Change Comments
FY 2024 Proposed Master Fee Schedule Updates - PARCS Summary
Exhibit "A"
Page
Redline Changes
Delete Update discounted 50% to 15% for non profit
proof that the league has more than half of their children participating in a free or reduced cost lunch program.
Mthly reservation fee not available at the Regional Sports Complex, and Fig Garden Baseball Park.Delete No monthly fees for rentals
Refund processing fee for charges greater than $50.00.Text
GENERAL RECREATION FEES
Fee Description & Unit/Time Current Proposed Amnd
A processing fee of $45 15 will be assessed to issue refunds. ***15.00 45.00 554 Increase 30.00 100.00 800.00
For labor charges - Staff Analyst, Senior/Principal Account Clerk
processing and cutting check
Woodward Park Rotary Amphitheater**Duplicate
Daily Rental **1,500.00
or 10%
Concession Fee 35% payment of gross Duplicate
event concession revenue
Performance Bond 175.00 - 500.00 Duplicate
100% refundable upon successful completion of the rental
agreement in accordance with also agreed upon terms and
conditions)
Cleaning Deposit 1,000.00 Duplicate
Up to 80% refundable dependent on the condition of the 554
facility after completion of the rental agreement)
Improvement Fee per ticket ATSA*3.00 Duplicate
Event Staffing (4 hr. minimum)15.00 hr 31.00 hr 575 Duplicate
4 hr. min)
Rehearsals (scheduling permitting)350.00 Duplicate
per day
Amphitheater Ticket Surcharge Account (ATSA)Text Added ATSA Definition
1,500.00 or 10% of gross ticket sales whichever is greater plus collection of improvement fee effective 1/1/2009.
Refund processing fee for charges greater than $50.00.Text
Organizations with a must have a valid non-profit ID number to qualify for reduced fee. The monthly fee will be reduced
by 15 50% with
PARCS
Page 65
Special Events added to General Govt
Special Events added to General Govt. This cleaning deposit is for
Ampitheatre and is separate of Tournament and Park deposit
fees.
Special Events added to General Govt. Fee increase reflects
minimum wage and indirect administrative staff.
Revised 12/23/202214of26
Type of
Change Fee Change Current Annual Annual Change Comments
FY 2024 Proposed Master Fee Schedule Updates - PARCS Summary
Exhibit "A"
Page
Redline Changes
GENERAL RECREATION FEES
Fee Description & Unit/Time Current Proposed Amnd
A processing fee of $45 15 will be assessed to issue refunds. ***15.00 45.00 554 575 Increase 30.00 100.00 800.00
For labor charges - Staff Analyst, Senior/Principal Account Clerk
processing and cutting check
Japanese Garden*521 575
Under 4 years of age 0 0.00 Update
Senior Citizens (62 years and older)1.00 Text
Mobile Science Unit
456 575
Recreation staff / per hour (2 4 hours minimum)50.00 146.00 464 575 Increase 96.00
Vehicle preparation fee + miles 50.00 + 1.75/per mile IRS rate 62.5 cents per mile - $50 in City of Fresno
Project Cost / per participant up to 7.00 Delete 575 Delete no more than 3 activities up to $7.00 confirmed (average
revenue for project cost $300 per rental)
Vehicle Prep: vehicle set up/clean/maintenance
Non-Resident**521 provide supplies
Recreation staff / per hour (2 4 hours minimum)50.00 146.00 575 Increase 96.00
Vehicle preparation fee + miles 125.00 + 1.75/per mile Decrease IRS rate 62.5 cents per mile - $125 residents outside of city limits
Project Cost / per participant up to 7.00
Refund processing fee for charges greater than $50.00.Text
PARCS
Page 66
9,900.00 100.00
3 staff ( 1 RS and 2 CRA) = $145.80 per hour; update to 2 hours
average rental; Originally 4 hour min ($50 per hour x 4 = 200)
Revised 12/23/202215of26
Type of
Change Fee Change Current Annual Annual Change Comments
FY 2024 Proposed Master Fee Schedule Updates - PARCS Summary
Exhibit "A"
Page
Redline Changes
GENERAL RECREATION FEES
Fee Description & Unit/Time Current Proposed Amnd
A processing fee of $45 15 will be assessed to issue refunds. ***15.00 45.00 554 575 Increase 30.00 100.00 800.00
For labor charges - Staff Analyst, Senior/Principal Account Clerk
processing and cutting check
Regional Park Vehicle Pass Delete 521 575
Annual vehicle entrance pass (good at Roeding and
Woodward Parks and Regional Sports Complex):
Year round / per motor vehicle 2 vehicles per permit 50.00 528
Senior Citizens (age 62 65 or older)35.00 528
Individuals meeting low-income guidelines as established by 25.00
PG&E's FERA program
Delete 510 575
5.00
3.00
7.00
3.00
Roeding Park Picnic Table Reservation Fee*Delete 575
Picnic Shleters (full day/year round/per table)20.00
Roeding Park Pergola Rental (half-day)50.00 Delete 575
Tennis Courts Delete 510 575
Per court / per hour 3.00 Moved to field / court reservations
Skate and Bike Park Facility Rental 489
Modular Park Rental/per hour (2 minimum)
Up to 50 participants allowed 35.00 45.00 575 Increase 10.00 CRA RATE - building labor cost into the increase for tournament
field rate
Concrete Park Rental/per hour (2 minimum)
Up to 100 participant allowed 50.00 90.00 575 Increase 40.00 Requires min of 2 staff & additional overhead cost, cleaning,
waste, facility supplies
Option fee: Onsite Instructor/per hour
Multiple instructors available for large groups 15.00 45.00 575 Increase 30.00 CRA RATE - building labor cost into the increase for tournament
field rate
Security/Cleaning Deposit 9per facility)-flat/80% refundable 100.00 Remove security deposit
Director is authorized to waive the user fee/entrance fee for special events which are determined to be beneficial
to the City of Fresno.
2,160.00
Moved
from page
67 to 60
Moved to follw Regional Entrance Fee
Holiday rate applies to the following holidays: Easter, Cinco de Mayo (closest weekend), Mother's Day,
Memorial Day, Father's Day, Independence Day (observed), Labor Day.
PARCS
Page 67
Moved to flow from Group Area to Regional and picnic areas
Roeding Park Entrance Fee (Roeding and Woodward Parks
and Regional Sports Complex)*
Year round / per motor vehicle
Year round / per motor vehicle in which a senior citizen (age 65 or older) is a
passenger or driver
Holday rate, per motor vehicle ** Year round / per vehicle in which a senior citizen (age 62 65 or older) is a
passenger or driver
Moved
from page
67 to 64
Moved
from page
67 to 60
Revised 12/23/202216of26
Type of
Change Fee Change Current Annual Annual Change Comments
FY 2024 Proposed Master Fee Schedule Updates - PARCS Summary
Exhibit "A"
Page
Redline Changes
Refund processing fee for charges greater than $50.00.Text
Note: Park entrance fee shall be waived for motor vehicles displaying a valid Disabled person Placard/Decal, or motor
vehicles in which a U.S. active duty military member or family member with proper identification is a passenger or driver, or
Revised 12/23/202217of26
Type of
Change Fee Change Current Annual Annual Change Comments
FY 2024 Proposed Master Fee Schedule Updates - PARCS Summary
Exhibit "A"
Page
Redline Changes
GENERAL RECREATION FEES
Fee Description & Unit/Time Current Proposed Amnd
A processing fee of $15 will be assessed to issue refunds.15.00 Delete 554 575 Delete
Woodward Park Picnic Table Reservation Fee*489 575
Year round / per table:
Gazebo / Group Activity Area**15.00 525 575
Picnic shelters 30.00
Woodward Park Redwood Glen Rental (half-day)50.00 525 575
Urban Growth Management (UGM) Park Fees 575
Group Activity Area table are only available on select dates and are reservable in groups of two or four tables.
MEMORIAL AUDITORIUM RENTAL RATES
Fee Description & Unit/Time Current Proposed Amnd
Art, Park, Entertainment & Sports (Applicable at all City owned facilities.
The Arts, Park, Entertainment and Sports (APES) ticket surcharge fee is
to be applied to all tickets sold for attendance to all event types and on
each round of golf, irrespective of the ticket selling party,
irrespective of ticket price. The City reserves the right to waive the
surcharge upon City Manager approval).
Per ticket or attendee and on each round of golf 1.00 3.00 546 575 Duplicate
Memorial Auditorium Theater Rental *
Per day 250.00 521 Duplicate
Reservation Deposit **564 Duplicate
Up to 3 dates 100.00
4-7 dates 200.00
8 or more dates 300.00
Duplicate
Duplicate
Delete
Director is authorized to waive the user fee for special events which are determined to be beneficial to the City of Fresno.
Security may be required at the discretion of the Director of Parks, After School, Recreation and Community Services.
Cleaning deposit and/or performance bond may be required for special events. Fees for cleaning deposit and/or
performance bond are not included in reservation fees and may be charged to all groups at the rates listed in the Master
Fee Schedule.
No longer needed. Footnote does not applies. Section above
moved to page 58 without "*"
PARCS
Page 69
Special Events added to General Govt
All organizations will be required to hire a stagehand(s) from stagehand union Local 158 to operate lighting & sound
systems, and will pay the union directly. Minimum call for stagehand (s) is 4 hours.
20% of deposit will be withheld for cancellations occurring more than 30 days before the reservation date.
Cancellations received less than 30 days prior to reservation will result in loss of deposit. Deposit will be up to 80%
refundable depending on the condition of the facility after completion of the rental agreement.
PARCS
Page 68
Moved to sectionaboveMovedfrompage
68 to 60
See Development Fees
Department-UGM
Revised 12/23/202218of26
Type of
Change Fee Change Current Annual Annual Change Comments
FY 2024 Proposed Master Fee Schedule Updates - PARCS Summary
Exhibit "A"
Page
Redline Changes
FEES MAINTAINED UNDER CONTRACT AGREEMENT CAMP FRESNO FEES
Fee Description & Unit/Time Current Proposed Amnd
A processing fee of $45 15 will be assessed to issue refunds. ***15.00 45.00 554 575 Increase 30.00 100.00 800.00
For labor charges - Staff Analyst, Senior/Principal Account Clerk
processing and cutting check
Camp Fresno Family Camp ** ^ *Text
Memorial Day Weekend through first three weeks in September:*525 575 Delete
City of Fresno Resident Text
1 bedroom / per week (7 days/6 nights)270.00 383.00 Increase 0.00
1 bedroom / per day 50.00 74.00 Increase 0.00
2 bedroom / per week (7 days/6 nights)487.00 600.00 Increase 0.00
2 bedroom / per day 84.00 108.00 Increase 0.00
Non City of Fresno Resident **575 Text
Other months:Delete
1 bedroom / per week (7 days/6 nights)221.00 460.00 Increase
1 bedroom / per day 37.00 89.00 Increase
2 bedroom / per week (7 days/6 nights)379.00 720.00 Increase
2 bedroom / per day 69.00 130.00 Increase
Improvements Surcharge:Delete 575 Delete
Per cabin / per week 113.00
Per cabin / per day 24.00
Delete This footnote referencing FY23 was mistakenly added during the
annual FY22.
Refund processing fee for charges greater than $50.00.Text
PARCS
Page 70
Rates shall be adminstratively adjusted annually beginninng January 1, 2023 to reflect the 12 month percentage change
in the U.S. Bureau of Labor Statisitics Consumer Prices Index (CPI) (Urban Wage Earners and Clerical Workers for the San
Francisco-Oakland- San Jose area), for the most current month that data is avaialble.
Non-resident fee added and oncudes 20% incdrease over
Resident fee. Findings how 46% non-Fresno City residents utilize
Camp Fresno.
Years of below market rental rates not sufficient for capital
improvements needed to maintain the camp at sufficient levels.
Current Surcharge for improvements to be rolled into the cabin
fee so there is only one fee to rent cabin.
A non-resident is an individual who lives outside of the City of Fresno limits.
82,308.00
35,223.00
6,173.10
2,641.73
45,400.00
19,440.00
Revised 12/23/202219of26
Type of
Change Fee Change Current Annual Annual Change Comments
FY 2024 Proposed Master Fee Schedule Updates - PARCS Summary
Exhibit "A"
Page
Redline Changes
FEES MAINTAINED UNDER CONTRACT AGREEMENT CAMP FRESNO FEES
Fee Description & Unit/Time Current Proposed Amnd
A processing fee of $45 15 will be assessed to issue refunds. ***15.00 45.00 554 575 Increase 30.00 100.00 800.00
For labor charges - Staff Analyst, Senior/Principal Account Clerk
processing and cutting check
Camp Fresno Jr. ** ^ Text
Organization Camp 568 Delete
Memorial Day Weekend through first three weeks in September Delete
City of Fresno Resident 575 Text
Group rate / per week (7 days/6 nights)2,517.00 3,082.00 Increase 0.00 6,164.00 -
Group rate / per day 480.00 576.00 Increase 0.00
Non City of Fresno Resident**Text
Other months:575
Group rate / per week (7 days/6 nights)2,263.00 3,698.00 Increase
Group rate / per day 457.00 691.00 Increase
Improvements Surcharge:Delete 575 Delete
Group rate / per week 565.00
Group rate / per day 96.00
Text
Delete
Refund processing fee for charges greater than $50.00.Text
ACTION SPORTS FEES
Fee Description & Unit/Time Current Proposed Amnd
A processing fee of $45 15 will be assessed to issue refunds. ***15.00 45.00 554 575 Increase 30.00 100.00 800.00
For labor charges - Staff Analyst, Senior/Principal Account Clerk
processing and cutting check
FEES MAINTAINED UNDER CONTRACT AGREEMENT Delete Title no longer applies.
Refund processing fee for charges greater than $50.00.Text
PARCS
Page 71
Rates shall be adminstrateviel adjusted on Januart 1st annually to reflect the 1 2month percentage change in the U.S.
Bureau of Labor Statisitics Comsumer Price siNdex (CPI) (Urban Wage Earnets and Clerical workers for the San Francisco-
Oakland-San Jose area), for the most current month that data is avaialble in accordance with Rewso No. 2015-234. Reso N.
2015-234 will expire five years from the date of its adoption.
PARCS
Page 72
A non-resident is an individual who lives outside of the City of Fresno limits.
3,400.00
Revised 12/23/202220of26
Type of
Change
Fee
Change Current Annual Annual Change Comments
LAND USE AND ZONING
Fee Description & Unit/Time Current Proposed Amnd
Environmental Assessment Fee (all private and non-entitlement public projects)
Application/Filing Fees (on Negative Declarations,
Mitigating Negative Declaration)
Fire Department Review Private Project fee / per application 247.00 247.00SS 575 verbiage
LAND USE AND ZONING
Fee Description & Unit/Time Current Proposed Amnd
Map - Final Parcel Map See
Subdivision
Section
Delete 575 Moved Out Moved from Planning and Development to Public Works as
revenue already collected by Public Works.
LAND USE AND ZONING
Fee Description & Unit/Time Current Proposed Amnd
Map - Final Tract Map Filing See
Subdivision
Section
Delete 575 Moved Out Moved from Planning and Development to Public Works as
revenue already collected by Public Works.
LAND USE AND ZONING
Fee Description & Unit/Time Current Proposed Amnd
Response to Zoning Inquiries - Written
Fire Prevention fee per application 134.00 134.00SS 575 verbiage
Traffic Engineering review
Rezone, all other districts / per application 110.00 110.00SS 575 verbiage
Rezone, single family / per application 110.00 110.00SS 575 verbiage
SUBDIVISION
Fee Description & Unit/Time Current Proposed Amnd
Map - Final Parcel Map Delete 560 575
Final Parcel Map filing (5 lots or more) / each 5,694.91^
Final Parcel Map filing (4 lots or more) / each 4,340.69^
Map - Final Tract Map Filing Delete 575
Map 6,908.44^
Per 50 lots 2,026.61^
Early Construction (Sewer, Water, Streets) / per agreement 450.00 Delete 575 Moved Out
Planning
Page 97
Planning
Page 104
FY 2024 Proposed Master Fee Schedule Updates - Planning Summary
Exhibit "A"
Page
Redline Changes
Moved Out
Planning
Page 99
Moved Out
Planning
Page 95
Planning
Page 101
Missing SS symbol established by resolution 95-315 adopted
1/1/96. Further explanation of SS is provided in Exhibit A
highlighted in yellow.
Moved from Planning and Development to Public Works as
revenue already collected by Public Works.
Missing SS symbol established by resolution 95-315 adopted
1/1/96. Further explanation of SS is provided in Exhibit A
highlighted in yellow.
Revised 12/23/202221of26
Type of
Change
Fee
Change Current Annual Annual Change Comments
FY 2024 Proposed Master Fee Schedule Updates - Planning Summary
Exhibit "A"
Page
Redline Changes
PARKING FEES
Fee Description & Unit/Time Current Proposed Amnd
Event Parking*Text
New
See PARCS
Regional
Parks
Special
Event Paking
Fees
575Planning
Page 120
Special Events Parking at Roeding and Woodward Parks and Regional
Sports Complex / per vehicle
New PARCS parking fee added to P&D Parking Section with
reference to PARCS for cost.
Revised 12/23/202222of26
Type of
Change
Fee
Change Current Annual Annual Change Comments
GENERAL FEES
Fee Description & Unit/Time Current Proposed Amnd
Contracted Law Enforcement Services 569 575
Senior Community Service Officer / per hour 44.50 47.40 Increase 2.90
Officer / per hour 69.77 74.93 Increase 5.16
Supervisor / (Sergeant) / per hour 84.28 90.13 Increase 5.85
Lieutenant (per hour)74.11 80.15 Increase 6.04
Captain (per hour)85.33 92.28 Increase 6.95
Deputy Chief (per hour)94.28 101.97 Increase 7.69
GENERAL FEES
Fee Description & Unit/Time Current Proposed Amnd
Regional Training Center Facilities Fees 569 575
Training Officer - Hourly Straight Time 72.37 78.37 Increase 6.00
Training Officer - Hourly Overtime 75.67 81.84 Increase 6.17 1,104,900 195,100
Training Sergeant - Hourly Straight Time 85.9 93.13 Increase 7.23
Training Sergeant - Overtime 91.19 98.63 Increase 7.44
Police
Page 140 Increase based on MOU approved in FY 2022
Police
Page 142 Increased based on MOU approved in FY 2022
FY 2024 Proposed Master Fee Schedule Updates - Police Summary
Exhibit "A"
Page
Redline Changes
108,8003,567,400
Revised 12/23/202223of26
Type of
Change
Fee
Change Current Annual Annual Change Comments
SOLID WASTE RATES**
Fee Description & Unit/Time Current Proposed Amnd
Container Exchange for New 64 gallon container 72.49 85.56 565 575 Increase 13.07 23,900.00 5,500.00
Container Exchange for New 96 gallon container 82.71 100.60 565 575 Increase 17.89 28,100.00 6,900.00
SOLID WASTE RATES**
Fee Description & Unit/Time Current Proposed Amnd
Solid Waste, Special Haul 554 575
30 minute minimum 68.65 70.20 Increase 1.55
Each additional 15 minutes or fraction over 30 minutes 16.00 16.73 Increase 0.73
Foreman's Charge 44.02 61.62 554 575 Increase 17.60 10,500.00 7,100.00
Special haul is done at the request of a customer for bulky item
pickup (outside once a year OCU pickup). The Foreman fee is
only applied when found that items do not meet compliance
during the inspection. Cost of labor has increased due to step
progession and MOU salary increases. This price increase
reflects 100% cost recovery.
Skip Fee (Resident Oversight)
1st two incidents each fiscal year
3rd incident and each incident thereafter in a fiscal year 16.27 16.69 554 575 Increase 0.42 3,300.00 3,400.00
WATER RATES**
Fee Description & Unit/Time Current Proposed Amnd
Penalties
Fire hydrant damage repair fee
Excavation not required 669.00 725.00 561 575 Increase 56.00 64,224.00 5,376.00
WATER RATES**
Fee Description & Unit/Time Current Proposed Amnd
Service Work (related to remedy of illegal water connection)561
Blind washer installation / per service 129.00 138.00 575 Increase 9.00 9,288.00 648.00
Blind washer removal / per service 129.00 138.00 575 Increase 9.00 9,288.00 648.00
Service Disconnection / per service 301.00 319.00 575 Increase 18.00 3,612.00 216.00
After-hours turn on service work:561 575
Water, Discontinuance & Restoration of service (except 238.00 254.00 Increase 16.00 2,856.00 192.00
emergency) per call
Water, Temporary Service*
Single Family Residentail (Metered)Delete 487 575 Delete
FY 2024 Proposed Master Fee Schedule Updates - Public Utilities Summary
Exhibit "A"
Page
Redline Changes
24,000.00 11,100.00
The cost of the petroleum to produce the plastic containers has
increased. This price increase reflects 100% cost recovery.
Cost of labor has increased due to step progession and MOU
salary increases. This price increase reflects 100% cost recovery.
DPU
Page148
DPU
Page 149
DPU Page
161
Skip fee recovers the cost to return and service the containers
not out during regular route in the area. Cost of labor has
increased due to step progession and MOU salary increases.
See Water Metered Service
Rates
Cost of labor has increased due to step progession and MOU
salary increases. This price increase reflects 100% cost recovery.
Cost of labor has increased due to step progession, MOU salary
and repair kit material increases. This price increase reflects
100% cost recovery.
DPU
Page 160
Revised 12/23/202224of26
Type of
Change
Fee
Change Current Annual Annual Change Comments
FY 2024 Proposed Master Fee Schedule Updates - Public Utilities Summary
Exhibit "A"
Page
Redline Changes
Testing and Cleaning Fee 131.00 155.00 561 575 Increase 24.00 78,600.00 14,400.00 Cost of labor has increased due to step progession and MOU
salary increases. This price increase reflects 100% cost recovery.
This fee to sunset as of January 1, 2013 for customers on metered rate.Delete Delete
WATER RATES**
Fee Description & Unit/Time Current Proposed Amnd
Well Drilling Permit and Inspection
Monitoring Well Inspection / each 342.00 369.00 575 Increase 27.00 4,104.00 324.00
Well Destruction & Abandonment
Well Destruction Inspection 342.00 369.00 575 Increase 27.00 4,104.00 324.00
Underground Utility Re-mark Fee (per call back)166.00 177.00 561 575 Increase 11.00 1,992.00 132.00
DPU Page
162 Cost of labor has increased due to step progession and MOU
salary increases. This price increase reflects 100% cost recovery.
Revised 12/23/202225of26
Type of
Change
Fee
Change Current Annual Annual Change Comments
ENGINEERING, INSPECTION, AND STREET WORK
Fee Description & Unit/Time Current Proposed Amnd
Map - Final Parcel Map *575 Moved
Final Parcel Map filing (5 lots or more) / each 5,694.91^
Final Parcel Map filing (4 lots or more) / each 4,340.69^
Map - Final Tract Map Filing *575 Moved
Map 6,908.44^
Per 50 lots 2,026.61^
Existing fee moved from Planning and Development Section.
ENGINEERING, INSPECTION, AND STREET WORK
Fee Description & Unit/Time Current Amnd
Special Agreement *575 Moved 9,900
Existing fee moved from Planning and Development to Public
Works. Revenue already collected by Public Works.
Advance Construction Permit (ACP)450.00
Sewer/Water; Streets) or At-Risk Permit
Sewer/Water only) / per agreement
Existing fee moved from Planning and Development Section.
PW Page
171
Adjusted on July 1 annually, beginning July 1, 2021, based on the 12 month percentage change in the U.S. Bureau of
Labor Statisitcs 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.
FY 2024 Proposed Master Fee Schedule Updates - Public Works Summary
Exhibit "A"
Page
Redline Changes
Existing fee moved from Planning and Development to Public
Works. Revenue already collected by Public Works.
PW Page
167
Revised 12/23/202226of26
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-228 Agenda Date:2/9/2023 Agenda #:
1.-C.
REPORT TO THE CITY COUNCIL
FROM:JERRY P. DYER, Mayor
Office of Mayor & City Manager
BY:MATTHEW GRUNDY, Deputy Mayor
Office of Mayor & City Manager
CHRIS MONTELONGO, Deputy Chief of Staff
Office of Mayor & City Manager
SUBJECT
Approve the appointment of Isaiah Green (Resident of District 4) to the Fresno Housing Authority for
a term ending April 30, 2026.
RECOMMENDATION
Staff recommends approval.
EXECUTIVE SUMMARY
The Fresno Housing Authority is governed by 14 commissioners. Seven are appointed by the County
of Fresno Board of Supervisors. Seven are appointed by the City of Fresno Mayor. One City
Commissioner vacancy currently exists, the Mayor is appointing Isaiah Green (Resident of District 4).
FISCAL IMPACT
There is no fiscal impact.
Attachment: Green Appointment Package
City of Fresno Printed on 2/10/2023Page1of1
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Approved on Consent
Program Manager of Advance Peace Fresno,01/2020 - 05/2021
Fresno Economic Opportunities Commission, Fresno, CA
Supervisor,01/2018 - 01/2020
KYJO Foster Care, Fresno, CA
Life Skills Coach,01/2017 - 01/2020
KYJO Foster Care, Fresno, CA
Professional Athlete,05/2012 - 12/2016
National Football League (NFL)
Successfully planted Fresno branch of Advance Peace, gun violence
reduction program with locations in California, Texas, New York, and
England.
Hired 6 staff; Managed over $1million in grant funding.•
Provided operational oversight including staff onboarding and
training, budget management and resource development.
Met with project stakeholders on regular basis to assess progress
and make adjustments.
Coordinated and led staff meetings.•
Provided bridge between staff and administration to create healthy
and positive work environment.
Built team chemistry through solution based collaborative meetings
and activities.
Cultivated productive relationships with community members and
potential partners.
Collaborated with administrators and managers on specific plans of
action.
Supervised, counseled, and managed 6 to 18 young men and
women individually and in small group settings.
Provided support and positive role modeling while enforcing daily
program schedules.
Modeled positive behavior skills as well as good problem-solving
and relationship-building abilities to improve clients' social
integration.
Helped clients to identify challenges and set goals.•
Coached clients through difficult life circumstances.•
Provided insight and ideas to promote client growth.•
Customied strategies based on individuals' goals and strengths
and offered each positive reinforcement to continue progress
against goals.
EDUCATION
M.Div, Theology
Fresno Pacific University -Fresno, CA
BA, Communications
Fresno State University -Fresno, CA
Buffalo Bills, Indianapolis Colts, Pittsburgh Steelers, Toronto
Argonauts.
Lead Team chaplain 2013-2016.•
Assisted in creation of positive atmosphere in which athletes were
able to bring their whole selves.
Two-year defensive starter.•
Managed time effectively while traveling for games and attending
practice.
Exhibited excellent teamwork and strong work ethic.•
Negotiated multiple contracts including bonuses.•
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-250 Agenda Date:2/9/2023 Agenda #:
1.-D.
REPORT TO THE CITY COUNCIL
FROM:ALMA G. TORRES, Deputy City Manager
Office of Mayor & City Manager
SUBJECT
Approve the Second Amendment to the Animal Control Services Agreement between the City of
Fresno and Fresno Humane Animal Services to allow the City to advance a second one-time
payment of $300,000 for a total of $600,000 for future reimbursements (cash account.)
RECOMMENDATION
Staff recommends that the City Council approve the second amendment to the animal control
services agreement between the City of Fresno and Fresno Humane Animal Services (FHAS) to
allow the city to advance a second one-time payment of $300,000 for a total of $600,0000 for future
reimbursements (cash account.)
EXECUTIVE SUMMARY
In May of 2022, the city entered into a 14-month agreement with Fresno Humane Animal Services for
the legally mandated animal control services and operation City’s Animal Center. The contract
allowed for reimbursements of actual expenditures for services provided by FHAS. As a small non-
profit, this process has created a cashflow issue for FHAS. In October of 2022, Council approved a
one-time advance of $300,000 to establish a cash account that would allow the organization to draw
down reimbursements from this account until such time they receive reimbursement from the city for
actual expenses, those reimbursements are then used to replenish this cash account. Due to the
growing activity levels at the Center, Fresno Humane has requested a second advance of $300,000
which would bring the total cash account to $600,0000 to allow more flexibility in the timing for billing.
BACKGROUND
In May of 2022, the city entered into a 14-month agreement with Fresno Humane Animal Services to
provide provided all animal control, pound master, veterinary and sheltering services, operation of the
Animal Center facility and related activities authorized and required by applicable law including
California Food and Agriculture Code sections 31105, 31106, California Penal Code section 597f and
Fresno Municipal Code sections 10-301 to 10-329 to the City of Fresno (City). Under the term of this
agreement FHAS agreed to provide their animal shelter operational expertise on an actual cost
reimbursement basis until sufficient data is collected that aligns best operating practices with actual
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File #:ID 23-250 Agenda Date:2/9/2023 Agenda #:
1.-D.
reimbursement basis until sufficient data is collected that aligns best operating practices with actual
costs and allow for the development of a future comprehensive contract with maximum transparency
and accountability.Additionally,this actual cost reimbursement approach ensures that it satisfies the
requirements of the IRS Revenue Procedure 2017-13 applicable to the Use of Safe Harbor for
Management Contracts due to the sites bond funding.
As a small not for profit organization,this reimbursement process has created a cashflow issue for
FHAS as they must first expend cash balances prior to requesting reimbursements from the City.In
October of 2022,Council approved the First Amendment to the contract that advanced the
organization a total of $300,000 in one-time funds.This has helped the organization mitigate the
cashflow issues this reimbursement process is creating,however,as the operations at the Animal
Center ramp up to keep up with demand,the amount allowed under the First Amendment is not
sufficient to support the activity levels.Staff recommends Council approve the Second Amendment to
the agreement allowing for the City to advance a second one-time payment of $300,000 for future
reimbursements (Cash Accounts).The total advance will be of $600,000.Fresno Humane will
continue to submit invoices to the City to support monthly actual expenditures,however,while a
reimbursement is being processed by the City,the cash account will support the continuing operating
expenses.When the City remits reimbursements for these actual expenditures,the cash account will
be replenished.Upon the expiration of the current agreement,any balances will be remitted to the
City or applied to future contracts.
This amendment does not change any of the terms of the agreement.Additionally,Tax Counsel has
advised that the additional language in the First Amendment does not convert the agreement into a
management agreement and continues to comply with IRS revenue Procedure 2017-13.This
second amendment continues to maintain the same language as the First Amendment.
ENVIRONMENTAL FINDINGS
This is not a project under California Environmental Quality Act (CEQA)pursuant to CEQA
Guidelines Section 15378.
LOCAL PREFERENCE
Fresno Humane is considered local pursuant to Fresno Municipal Code Sec. 4-109.
FISCAL IMPACT
The FY 2023 Adopted Budget includes sufficient appropriations to fund this amendment.
Attachment:
Second Amendment to Services Agreement
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1
SECOND AMENDMENT TO
AGREEMENT
THIS SECOND AMENDMENT TO AGREEMENT (Amendment) made and entered into
effect the 7th day of October 2022, between the City of Fresno, a California municipal
corporation (City), and Fresno Humane Animal Services, a California Non-Profit Public
Benefit Corporation (Service Provider).
RECITALS
WHEREAS, the City and the Service Provider entered into an agreement on
May 12, 2022 (Agreement), to provide all services required by law for animal control,
pound master, veterinary, animal sheltering and all related services for the Animal Center
Project); and
WHEREAS, the City and Service Provider entered into an amendment on
October 7, 2022, to create a $300,000 cash account to allow the Service Provider to be
paid more quickly; and
WHEREAS, the City and the Service Provider desire to modify the Agreement to
increase the cash account up to $600,000.
AGREEMENT
NOW, THEREFORE, the parties agree that the Agreement be amended as
follows:
1. Section 3, Compensation shall be amended and the following will be added
to the first paragraph:
The City will advance Fresno Humane a one -time payment of up to
600,000 for future reimbursements (Cash Account). Fresno Humane will
submit invoices to the City to support monthly ‘Actuals’ drawdowns and for
reimbursements thereof, when the City remits reimbursement for these
Actuals’, the reimbursement will replenish the Cash Account .
Any unspent amounts are to be refunded to the City upon termination of the
agreement or may be utilized to offset costs in any subsequent agreements
if allowable.
2. In the event of any conflict between the body of this Amendment and any
exhibit or attachment hereto, the terms and conditions of the body of this Amendment
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 Amendment, shall be null and void.
3. Except as otherwise provided herein, the Agreement entered into by the
City and the Consultant on May 12, 2022, and amended on October 7, 2022, remain in
full force and effect.
Signatures follow on the next page.]
2
IN WITNESS WHEREOF, the Parties have executed this Amendment at Fresno,
California, the day and year first above written.
City of Fresno,
A California municipal corporation
By:
Georgeanne A. White
City Manager
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By:
Brandon M. Collet Date
Supervising Deputy City Attorney
ATTEST:
TODD STERMER, CMC
City Clerk
By:
Date
Deputy
Fresno Humane Animal Services,
a California Non-Profit Public 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)
Addresses:
City:
City of Fresno
Attention: Gregory Barfield, Assistant
City Manager
City Hall
2600 Fresno Street, Room 2097
Fresno, CA 93721-3601
Telephone No: (559) 621-7770
E-mail: gregory.barfield@fresno.gov
Service Provider:
Fresno Humane Animal Services.
Attention: Brenda Mitchell, President
1510 W. Dan Ronquillo Way
Fresno, CA 93706
Telephone No: (559) 600-7387
E-mail: bmitchell@fresnohumane.org
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-219 Agenda Date:2/9/2023 Agenda #:
1.-E.
REPORT TO THE CITY COUNCIL
FROM:HENRY THOMPSON, Director
Airports Department
SUBJECT
Approve a consultant services agreement with RS&H California, Inc., to provide professional airport
planning and environmental consulting services to prepare and implement an Air Traffic Control
Tower Replacement Work Plan for Fresno Yosemite International Airport in the amount of $362,585
Council District 4)
RECOMMENDATION
Staff recommends Council authorize the Director of Aviation to execute a consultant agreement with
RS&H California, Inc. (RS&H), in the amount of $362,585 to provide planning and environmental
services for preparation and implementation of a Fresno Yosemite International Airport (FAT) Air
Traffic Control Tower (ATCT) Replacement Work Plan (Project).
EXECUTIVE SUMMARY
The existing ATCT at FAT is a 60-year-old facility that is well beyond its useful life and must be
replaced to meet current Federal Aviation Administration (FAA) requirements. The proposed
agreement with RS&H provides consulting services to develop and implement an ATCT replacement
work plan that will facilitate completion of the planning and environmental tasks necessary to
successfully achieve FAA approval and funding for the design and construction of a new ATCT.
BACKGROUND
The FAT ATCT was commissioned in 1962 when the “new” Terminal was constructed on the south
side of the airfield. The tower is owned by the City, leased to the FAA and staffed with FAA Air Traffic
Controllers. Over the years the facility has begun to show its age. It is experiencing overall
deterioration with undersized and obsolete electrical infrastructure, inadequate HVAC systems, an
unreliable elevator, and sub-standard Information Technology infrastructure. The Tower does not
meet current Building Codes, ADA requirements, environmental sustainability measures or FAA
Standards. Due to the age, nature of deficiencies and importance of remaining fully operational it will
be necessary to construct a new ATCT while the existing Tower remains in service.
The Airports Department (Department), with FAA Air Traffic Organization support, is actively pursuing
funding opportunities for replacement of the ATCT but must complete a myriad of FAA required tasks
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1.-E.
funding opportunities for replacement of the ATCT but must complete a myriad of FAA required tasks
to be eligible to receive funds.This project will facilitate an FAA siting study with reimbursable
agreement,prepare a Phase 1 Environmental Site Assessment,update the Airport Layout Plan,
develop a conceptual Tower design and site plan,prepare necessary NEPA/CEQA environmental
documentation,develop rough order of magnitude cost estimates for design and construction,create
a project schedule,identify funding opportunities and assist with preparing and submitting grant
applications.Upon completion of the Project the Department will be prepared to receive grant funding
and select a design consultant or advertise a request for qualifications to choose a design-build team.
Through a competitive Request for Qualifications (RFQ)process the Department invited consulting
firms with comprehensive full-service airport related professional planning capability that includes
NEPA/CEQA environmental studies,master plan updates,airport layout plan updates,design,
programming and project formulation experience to submit Statements of Qualifications.The
Department published a public notice in The Business Journal,posted information on the Airport’s
website,PlanetBids and direct mailed the RFQ to all interested firms.Three professional consulting
firms responded to the RFQ,and their qualifications were evaluated by a selection committee in
accordance with the provisions of the RFQ,City procedures and FAA regulations.It has been
determined by the Department that RS&H California, Inc., is most qualified to perform the Project.
The scope of work and fee contained in the agreement represent extensive review and negotiation
with the consultant and the FAA including an independent third-party fee evaluation.The FAA has
approved the agreement as negotiated.
The agreement utilizes Standard Document #FYI-S-Fed Fund Eng.Serv.CSA,Short Form,Total Fee
11-2022)CAO/BMC 12/2022-RS&H,pre-approved as to form by the City Attorney’s Office and used
without modification as certified by Airports staff.
ENVIRONMENTAL FINDINGS
This is not a “project” for the purpose of CEQA pursuant to CEQA Guidelines Section 15378.
LOCAL PREFERENCE
Local preference is not applicable to this project pursuant to Fresno Municipal Code 4-109(b).
FISCAL IMPACT
The Project is part of Airports ongoing commitment to ensure FAT is operationally efficient and is
properly positioned for local and regional growth.The Project is included in the City’s FY 2023
budget. There is no impact to the General Fund from this action.
Attachment:
Agreement
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AGREEMENT
CITY OF FRESNO, CALIFORNIA
CONSULTANT SERVICES
THIS AGREEMENT (Agreement) is made and entered into, effective
by and between the CITY OF FRESNO, a California
municipal corporation (City), and RS&H CALIFORNIA, INC., a California corporation
Consultant).
RECITALS
WHEREAS, the City desires to obtain professional Planning and Environmental
services for FAT Air Traffic Control Tower Replacement and Implementation Study
Project); and
WHEREAS, the Consultant is engaged in the business of furnishing services as a
Airport Planning and Environmental consultant and hereby represents that it desires to
and is professionally and legally capable of performing the services called for by this
Agreement; and
WHEREAS, this Agreement sets forth the terms and conditions under which the
Consultant shall provide professional services, to be paid with Airport funds and
reimbursed with pledged Federal Aviation Administration Entitlement Funds as they are
made available; 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 City by its Director of Aviation
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 December 31, 2026,
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 one thousand ninety-five consecutive
FYI-S Fed Fund Eng. Serv. CSA, Short Form, Total Fee (11-2022) CAO/BMC 12/2022-RS&H
2-
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 of $362,585. Such fee includes all expenses incurred by the Consultant
in performance of the services.
b) Detailed statements shall be rendered monthly and will be payable in the
normal course of City business.
c) The parties may modify this Agreement to increase or decrease the scope
of services or provide for the rendition of services not required by this
Agreement, which modification shall include an adjustment to 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
FYI-S Fed Fund Eng. Serv. CSA, Short Form, Total Fee (11-2022) CAO/BMC 12/2022-RS&H
3-
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 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 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,
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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 and hold harmless the City
and each of its officers, officials, and employees 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 third-party claims, demands, and actions in law or
equity (including reasonable attorney's fees, and litigation expenses and cost to
enforce this Agreement) to the extent caused by 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 and hold harmless the City and each of its officers, officials, and
employees 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
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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.
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 04 13 or both CG 20 10 04 13 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.
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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 the 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
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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 (a) above and the ongoing maintenance thereof.
11. General Terms and Federal Assurances.
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.
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
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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 City will carry out applicable federal requirements in the administration
of this Agreement. Notwithstanding Section 25 herein, the Consultant
agrees to comply with all applicable federal assurances identified in Exhibit
D and require that each subcontract include the same assurances by each
of its subcontractors.
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, medical condition, marital status, sex, age,
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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 the 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, 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
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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 exercise the standard of care at all times and comply with
applicable laws of the United States, the State of California and the City, and with
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.
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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. Prevailing party
is the party who recovers greater than 67% of its total claims in the action or who
is required to pay no more than 33% of the other party’s total claims in the action
when considered in the totality of claims and counterclaims, if any. In claims for
monetary damages, the total amount of recoverable attorney’s fees and costs shall
not exceed the net monetary award of the prevailing party.
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.
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29. The City Manager, or designee, is hereby authorized and directed to execute and
implement this Agreement. The previous sentence is not intended to delegate any
authority to the City Manager to administer the Agreement, any delegation of
authority must be expressly included in the Agreement.
Signatures follow on the next page].
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4. Exhibit D - Assurances
FYI-S Fed Fund Eng. Serv. CSA, Short Form, Total Fee (11-2022)
Exhibit A
Page 1 of 1
EXHIBIT A
SCOPE OF SERVICES
Consultant Service Agreement between City of Fresno (City)
and RS&H California, Inc. (Consultant)
FAT Air Traffic Control Tower Replacement and Implementation Study
Scope of Services to follow (8 pages).
SCOPE OF WORK
Fresno Yosemite International Airport Traffic Control Tower Replacement Project - (Version 0.1) 1
I PROJECT DESCRIPTION
The City of Fresno owns and operates the Fresno Yosemite International Airport (FAT). The City’s
Department of Aviation (City) has contracted with RS&H to prepare an Airport Traffic Control
Tower (ATCT) replacement and implementation study. The purpose of this study is to identify the
steps the City must take to successfully achieve FAA approval and funding for the construction of
a new ATCT and demolishing the existing ATCT. This study will include a review of the
recommended ATCT sites presented in 2010 ATCT Site Survey prepared by the FAA Los Angeles
Terminal Engineering Center, a rough order of magnitude in cost, preliminary project schedule,
and potential environmental impacts. Services are authorized under the City of Fresno contract
number [tbd] (Agreement). Through this Agreement, the Department is authorized to issue
separate task orders to obtain services as need requires.
FIGURE 1:
FRESNO YOSEMITE INTERNATIONAL AIRPORT AIR TRAFIC CONTROL TOWER
II GENERAL
The Services provided under this Agreement will be performed in accordance with the most
current version of all applicable FAA documents including Orders, guidance, Advisory Circulars
SCOPE OF WORK
Fresno Yosemite International Airport Traffic Control Tower Replacement Project - (Version 0.1) 2
AC) listed below, and others as may be required. As applied, the Services will meet all necessary
requirements of the Federal Aviation Administration (FAA).
FAA Order 5090.3C Field Formulation of the National Plan of Integrated Airport
Systems (NPIAS)
FAA Order 5100.38D Airport Improvement Program (AIP) Handbook
FAA Order 6480.4B Air Traffic Control Tower Siting Process
FAA Order 8260.3B United States Standard for Terminal Instrument Procedures
TERPS)
FAA Order 1050.1F Policies and Procedures for Considering Environmental Impacts
FAA Order 5050.4B National Environmental Policy Act (NEPA) Implementing
Instructions for Airport Actions
FAA Order 5500.1 Passenger Facility Charge
AC 150/5050-4 Citizen Participation in Airport planning
AC 150/5050-8 Environmental Management Systems for Airport Sponsors
AC 150/5060-5 Airport Capacity and Delay
AC 150/5100-14E Architectural, Engineering, and Planning Consultant Services for
Airport Grant Projects
AC 150/5220-18A Buildings for Storage and Maintenance of Airport Snow and Ice
Control Equipment and Materials
AC 150/5230-4B Aircraft Fuel Storage, Handling, Training, and Dispensing on
Airports
AC 150/5300-13A Airport Design (Change 1)
AC 150/5300-16A General Guidance and Specifications for Aeronautical Surveys:
Establishment of Geodetic Control and Submission to the National
Geodetic Survey
AC 150/5300-17C Standards for Using Remote Sensing Technologies in Airport
Surveys
AC 150/5300-18B General Guidance and Specifications for Submission of
Aeronautical Surveys: Field Data Collection and Geographic
Information System, (GIS) Standards
AC 150/5325-4A Runway Length Requirements for Airport Design
SCOPE OF WORK
Fresno Yosemite International Airport Traffic Control Tower Replacement Project - (Version 0.1) 3
AC 150/5340-1L Standards for Airport Marking
AC 150/5360-13 Planning and Design Guidelines for Airport Terminal Facilities
Change 1)
III SCOPE OF SERVICES
The services included in this section identify the proposed work plan to successfully guide the
City in relocating the ATCT to a new site on the airfield. Work consists of three primary tasks and
is organized chronologically to follow the Consultants’ recommended steps in achieving FAA
approval and funding for the development of a new ATCT and demolition of the existing ATCT.
A description of each task is provided below.
TASK 1 ATCT SITE IDENTIFICATION, REVIEW, AND COORIDINATION
The purpose of Task 1 is to graphically depict and describe all sites previously examined in the
FAA’s 2010 ATCT Siting Study prepared by the FAA’s Los Angeles Terminal Engineering Center.
The highest ranking three sites from the siting study will be validated to maintain consistency
with current planning efforts focused on future airport improvements at FAT. Task 1 also
includes establishing coordination with the FAA ADO and ATO to define the overall purpose of
this study and identify the proposed steps the City will take for FAA review and comment.
Task 1.1 Project kick-off meeting, data collection, and FAA coordination
The Consultant will coordinate and attend one kick-off meeting with the City at FAT to establish
the preliminary project goals and objectives. At this meeting, the Consultant will review the
City’s relevant files and collect available project related information. The Consultant will also
review project requirements with the City and other appropriate stakeholders as identified in
FAA Order 6480.4B. Upon approval from the City, FAA will be invited to attend the kickoff
meeting for the purpose of initial feedback and comment on the proposed project tasks to be
completed. This meeting will also address FAA’s willingness to enter into a reimbursable
agreement with the City to fund the costs of the FAA’s ATO ATCT replacement and
implementation study. Deliverables include:
Kickoff meeting: Consultant will prepare a brief presentation for the kickoff meeting
which identifies the purpose of the project, anticipated tasks, and preliminary project
schedule. The Consultant will take notes and document project goals and objectives
identified during meeting. A meeting summary will be sent to City for review and
comment. Goals and objectives will be carried forward throughout this study.
Reimbursable grant agreement coordination with FAA: Consultant will coordinate with
the City, FAA ADO, and FAA ATO to establish a reimbursable grant agreement enabling
the City to fund the upfront costs in preparing the FAA’s ATO ATCT siting study.
SCOPE OF WORK
Fresno Yosemite International Airport Traffic Control Tower Replacement Project - (Version 0.1) 4
Task 1.2 Overview of relevant planning studies
This task will include an overview of previous planning studies related to the existing ATCT.
Studies include the most recent FAT Airport Master Plan and the 2010 Air Traffic Control Tower
ATCT) siting study prepared by the Los Angeles Terminal Engineering Center. All sites evaluated
in the 2010 siting study will be mapped graphically and include a narrative description. FAA’s
recommended highest ranking three sites will be described based on each site’s criterion for
selection. Those sites dismissed by FAA for further consideration will be described based on the
reasons included in the 2010 siting report. Other relevant studies or development plans
impacting site access, utilities, and airspace affecting ATCT relocation will be identified in this
task.
Project location map: The Consultant will prepare a graphical project location map
depicting the existing location of the ATCT and its proximity to airside and landside
facilities at FAT.
ATCT history and condition: This task will include a brief history of the ATCT and its
current condition. Internal and external photography will be taken during the project kick
off meeting to describe the condition of the ATCT. Identification of known fatal flaws
associated with the existing ATCT will be documented.
Task 1.3 Develop preliminary project justification and environmental purpose and need
In preparation for subsequent environmental documentation, a preliminary purpose and need
statement will be developed to meet the requirements in FAA Order 1050.1F, 5050.4B, and
CEQA. This task will also include the preparation of a detailed project justification narrative to be
used in the project purpose and need statement as well as future grant applications. The
preliminary purpose statement will describe what issues or challenges FAT is trying to solve. The
preliminary Need statement will describe why the FAT seeks to resolve these challenges. All
language developed in this task will be written clearly and concisely for comprehension among
those not familiar with aviation activities. Deliverables include:
Prepare Phase 1 Environmental Site Assessment (ESA): Consultant will develop Phase 1
ESA report identifying known existing environmental contamination liabilities located on
or near each of the three FAA ATCT sites for consideration. The purpose of the report is
to assess if current or historical property uses have impacted the soil or groundwater
beneath the property and could pose a threat to the environment and/or human health.
Determine need for Phase 2 Environmental Site Assessment: Pending the results of the
Phase 1 ESA, the Consultant will coordinate with the City and local environmental
agencies to determine the need for a Phase 2 ESA report. The purpose of the Phase 2
ESA is to evaluate the presence or absence of petroleum products or hazardous
substances in the subsurface of the sites considered for ATCT relocation. A Phase 2 ESA
may not be required.
SCOPE OF WORK
Fresno Yosemite International Airport Traffic Control Tower Replacement Project - (Version 0.1) 5
Draft Purpose and Need statement: Consultant will create clear and concise draft
purpose and need statement describing the issues or challenges impacting the
relocation of the ATCT as well as the overall need for the project. This draft statement
will be used for future grant application and project justification needs.
Task 1.4 Update ALP with FAA recommend ATCT sites
The purpose of this task is threefold. First, this task will include updating FAT’s most recent ALP
to depict three of the FAA’s highest ranking ATCT sites. This ALP revision will be a “pen and ink”
update (change) for the purpose of FAA’s Los Angeles Terminal Engineering Center to select a
preferred ATCT site. Second, the FAA’s selection of a preferred ATCT site will be used to prepare
the required environmental documentation (NEPA/CEQA) to be prepared in Task 2 (described
below). Finally, the selection of a preferred ATCT site will be used in the preparation of the
overall project justification and used in future grant applications. Deliverables include:
Draft ALP update: Consultant will prepare a draft ALP update identifying three FAA ATCT
sites for client review/comment. ALP will be prepared following current FAA ALP SOP
requirements.
Submit Draft ALP to FAA: Pending City ALP approval, Consultant will coordinate a
meeting (in person or virtual) with FAA ADO and ATO to present three sites for
consideration. The purpose of this meeting is to present the highest-ranking sites, their
location, potential impacts (if any), and request FAA selection of preferred ATCT site. FAA
ALP comments will be addressed by the Consultant before submitting final ALP for FAA
approval.
Final ALP: Submit final ALP to FAA for approval. All FAA comments on the draft ALP will
be addressed as part of this effort.
TASK 2 ENVIRONMENTAL DOCUMENTATION, CONCEPTUAL DESIGN, AND
PRELIMINARY COSTS
In Task 2 the Consultant will develop a conceptual ATCT design. The level of effort for
conceptual design will not exceed ten percent of the total design activities required for
construction. This level of design is intended to provide the City with adequate information to
prepare and issue a Request for Qualifications for complete ATCT engineering and design
services and be used for project justification in grant applications. Next, the Consultant will
develop the required NEPA/CEQA environmental documentation. Environmental documentation
will include the development of an Environmental Assessment (EA) and California Environmental
Quality Act (CEQA) documents to provide government agencies, decision-makers, and the public
aware of potential environmental impacts associated with the preferred ATCT relocation site.
This documentation will also identify opportunities to reduce potential impacts to the extent
feasible. Finally, Task 2 will include a rough order-of-magnitude (ROM) in the costs associated
SCOPE OF WORK
Fresno Yosemite International Airport Traffic Control Tower Replacement Project - (Version 0.1) 6
with constructing a new ATCT and demolishing the existing ATCT at FAT. ROM costs will be
developed using readily available information from recent ATCT construction projects in the US
as well as information provided by the City. A preliminary project schedule will be prepared for
the City’s review and comment. Subtasks include:
Task 2.1 Conceptual ATCT Design
Consultant will develop preliminary ATCT concept and site plan depicting facility needs, location,
height, viewshed, access, parking, utilities, and ADA requirements. Conceptual design will not
exceed 10 percent of total design effort required for construction. Conceptual design will be
used for project justification, grant application, and environmental documentation. Deliverables
include:
Conceptual ATCT design and site plan: Consultant to develop 10 percent concept design
and site plan for City review, comment, and approval.
Task 2.2 Prepare Environmental Assessment and CEQA documentation
Consultant will develop a draft and final EA based requirements set forth in FAA Orders 5050.4B
and 1050.1F. Draft and final EA to be submitted to City for review and comment. City comments
to be addressed by consultant before submitting final EA to FAA for review and approval.
Consultant to repurpose final EA for CEQA documentation. Deliverables include:
State Historic Preservation Office (SHPO) Coordination: Consultant will prepare required
SHPO forms identifying potential impacts (if any) to structures 50 years are older (ATCT
constructed 61 years ago).
Draft EA to FAA: Submit draft EA to FAA ADO for review and comment. Consultant may
request meeting with FAA to present findings in draft EA (TBD).
Prepare Final EA: Consultant to collect and incorporate FAA comments on draft EA.
Submit revisions to City for review and approval. Submit final EA to FAA for approval.
Prepare and submit CEQA documentation: Submit to governing state agency for review
and approval. CEQA comments to be addressed by consultant, if applicable.
Task 2.3 Preliminary Costs
Consultant will develop ROM costs for the construction of a new ATCT and demolition of the
existing ATCT. These costs will be prepared in accordance with current estimates and provided
in current values (no future escalation). Deliverables include:
ROM Cost Estimates: Consultant will develop preliminary costs using spreadsheet (Excel).
Cost will include construction costs, estimate for owner’s soft costs (program
management, design, construction administration, permits, commissioning, and RPR).
Cost estimates prepared in this section are planning level only (preliminary) and subject
to change. City to review and comment on costs. Consultant to make revisions as
needed.
SCOPE OF WORK
Fresno Yosemite International Airport Traffic Control Tower Replacement Project - (Version 0.1) 7
Task 2.4 Project Schedule
Consultant will prepare a project schedule depicting the anticipated timing for ATCT
construction activities.
ATCT Project Schedule: Consultant to develop graphical project schedule depicting key
projects tasks by duration, key milestones, meetings, and stakeholder review periods.
TASK 3 IDENTIFY F UNDING OPPORTUNTIES, RESTRICTIONS, AND PREPARE
GRANT APPLICATION
Task 3 focuses on identifying potential funding opportunities and associated risks associated
with relocation of the ATCT at FAT. The Consultant will coordinate with the City to develop a
funding strategy to best position FAT to complete for available Bipartisan Infrastructure Law
BIL), Airport Terminal Plan (ATP), and Airport Improvement Plan (AIP) grant funds. Task 3
includes Consultant preparation of an ATCT relocation grant application. The development of
this grant application will be coordinated with the City before FAA submittal. Finally, if the FAA
requires a Benefit Cost Analysis (BCA) to show the benefit cost ratio in relocating the ATCT, the
Consultant will prepare a BCA which follows current FAA requirements as part of this task (TBD).
Subtasks include:
Task 3.1 Project Funding Opportunities and Restrictions
The sources and uses of airport funds, Airport Improvement Plan (AIP), Bipartisan Infrastructure
Law (BIL), and other applicable FAA program funds will be identified and evaluated for project
applicability. Alternative financing instruments for all or part of the proposed project will be
identified including bonds, grants, PFC, and state funds, if applicable. The Consultant will review
current federal and state restrictions to determine funding eligibility for ATCT relocation.
Deliverables include:
List of eligible project funding sources by type, federal/local matching, and other
applicable federal requirements.
Identification of known or perceived restrictions affecting project funding and
implementation.
Task 3.2 Benefit Cost Analysis (TBD)
Consultant will coordinate with FAA to decide if BCA is required.
Task 3.3 Prepare Grant Application
This task includes Consultant preparation and coordination of a FAA grant application for the
relocation of the ATCT and demolition of the existing ATCT using available federal, state, and
local funding. The Consultant will schedule one (1) meeting with the City to present a draft grant
application, collect client feedback, and incorporate necessary revisions before supplying the
final grant application to the City for FAA submittal. Deliverables include:
SCOPE OF WORK
Fresno Yosemite International Airport Traffic Control Tower Replacement Project - (Version 0.1) 8
Draft ATCT Grant Application
Final ATCT Grant Application
Task 3.4 FAA Coordination and Grant Support
Under the approval of the City, the Consultant will schedule a meeting with the FAA ADO to
present the final ATCT grant application before official grant submittal. The purpose of this
meeting is to identify the ADO’s current funding obligations and determine the timing for the
City to issue an RFQ for ATCT engineering and design services. The Consultant will provide grant
support to the City for FAA comments as needed for the successful completion of the grant’s
submittal. Deliverables include:
ATCT grant application presentation to FAA ADO
Task 3.5 Update Project Schedule
Based on FAA coordination meeting identified in Task 3.4, the Consultant will update the
previously prepared project schedule to reflect known timing for remaining ATCT activities,
including advertising RFP for design services, construction, and commissioning. Consultant will
provide an updated schedule to City for review and approval. Deliverables include:
Revised project schedule
Task 3.6 ATCT Procurement Methods
The Consultant will schedule a meeting with the City to discuss the benefits and disadvantages
of procurement methods available for ATCT design and construction. Information to be
discussed includes impacts to costs, schedules, and risk. A summary of procurement methods
will be provided to the City for review prior to this meeting. Deliverables include:
Memorandum identifying potential ATCT procurement methods
FYI-S Fed Fund Eng. Serv. CSA, Short Form, Total Fee (11-2022)
Exhibit B
Page 1 of 4
EXHIBIT B
INSURANCE REQUIREMENTS
Consultant Service Agreement between City of Fresno (City)
and RS&H California, Inc. (Consultant)
FAT Air Traffic Control Tower Replacement and Implementation Study
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 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).
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.
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
performed under the Agreement.
FYI-S Fed Fund Eng. Serv. CSA, Short Form, Total Fee (11-2022)
Exhibit B
Page 2 of 4
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. 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.
OTHER INSURANCE PROVISIONS
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
FYI-S Fed Fund Eng. Serv. CSA, Short Form, Total Fee (11-2022)
Exhibit B
Page 3 of 4
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 relating 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
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
FYI-S Fed Fund Eng. Serv. CSA, Short Form, Total Fee (11-2022)
Exhibit B
Page 4 of 4
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.
FYI-S Fed Fund Eng. Consultant Service Agreement, Short Form Total Fee (11-2022)
Exhibit D
Page 1 of 21
EXHIBIT D
ASSURANCES
Consultant Service Agreement between City of Fresno
City) and [Consultant Name] (Consultant)
A. I. P. PROJECT NO. [AIP number(s)]
Project Title]
During the performance of this Agreement (“contract” or “contract documents”), the
Consultant, for itself, its assignees and successors in interest (collectively as “the
contractor" or “the Consultant”) agrees as follows (hereafter, the ‘City” is referred to as
Sponsor”):
I. PROVISIONS APPLICABLE TO ALL PROFESSIONAL SERVICES
CONTRACTS
A. ACCESS TO RECORDS AND REPORTS
The contractor must maintain an acceptable cost accounting system. The contractor
agrees to provide the sponsor, the Federal Aviation Administration, and the Comptroller
General of the United States or any of their duly authorized representatives’ access to
any books, documents, papers, and records of the contractor which are directly pertinent
to the specific contract for the purpose of making audit, examination, excerpts and
transcriptions. The contractor agrees to maintain all books, records and reports required
under this contract for a period of not less than three years after final payment is made
and all pending matters are closed.
B. BUY AMERICAN CERTIFICATION
The contractor agrees to comply with 49 USC § 50101, which provides that Federal funds
may not be obligated unless all steel and manufactured goods used in AIP-funded
projects are produced in the United States, unless the FAA has issued a waiver for the
product; the product is listed as an Excepted Article, Material Or Supply in Federal
Acquisition Regulation subpart 25.108; or is included in the FAA Nationwide Buy
American Waivers Issued list.
A bidder or offeror must submit the appropriate Buy America Certification (below) with all
bids or offers on Airport Improvement Program (“AIP”)-funded projects. Bids or offers that
are not accompanied by a completed Buy America certification must be rejected as
nonresponsive.
Type of Certification is based on Type of Project:
There are two types of Buy American certifications.
For projects for a facility, the Certificate of Compliance Based on Total Facility
Terminal or Building Project) must be submitted.
For all other projects, the Certificate of Compliance Based on Equipment and
Materials Used on the Project (Non-building construction projects such as
runway or roadway construction; or equipment acquisition projects) must be
FYI-S Fed Fund Eng. Consultant Service Agreement, Short Form Total Fee (11-2022)
Exhibit D
Page 2 of 21
submitted.
See Attachments A and B: Buy American Certifications
C. GENERAL CIVIL RIGHTS PROVISIONS
The contractor agrees that it will comply with pertinent statutes, Executive Orders and
such rules as are promulgated to ensure that no person shall, on the grounds of race,
creed, color, national origin, sex, age, or handicap be excluded from participating in any
activity conducted with or benefiting from Federal assistance.
This provision binds the contractor from the bid solicitation period through the completion
of the contract. This provision is in addition to that required of Title VI of the Civil Rights
Act of 1964.
This provision also obligates the tenant/concessionaire/lessee or its transferee for the
period during which Federal assistance is extended to the airport through the Airport
Improvement Program, except where Federal assistance is to provide, or is in the form of
personal property; real property or interest therein; structures or improvements thereon.
In these cases the provision obligates the party or any transferee for the longer of the
following periods:
a. The period during which the property is used by the airport sponsor or any
transferee for a purpose for which Federal assistance is extended, or for
another purpose involving the provision of similar services or benefits; or
b. The period during which the airport sponsor or any transferee retains
ownership or possession of the property.
D. CIVIL RIGHTS ACT OF 1964, TITLE VI
Compliance with Nondiscrimination Requirements - During the performance of this
contract, the contractor, for itself, its assignees, and successors in interest (hereinafter
referred to as the “contractor”) agrees as follows:
1. Compliance with Regulations: The contractor (hereinafter includes
consultants) will comply with the Title VI List of Pertinent Nondiscrimination
Statutes and Authorities, as they may be amended from time to time, which
are herein incorporated by reference and made a part of this contract.
2. Non-discrimination: The contractor, with regard to the work performed by it
during the contract, will not discriminate on the grounds of race, color, or
national origin in the selection and retention of subcontractors, including
procurements of materials and leases of equipment. The contractor will not
participate directly or indirectly in the discrimination prohibited by the Acts and
the Regulations, including employment practices when the contract covers any
activity, project, or program set forth in Appendix B of 49 CFR part 21.
3. Solicitations for Subcontracts, Including Procurements of Materials and
Equipment: In all solicitations, either by competitive bidding, or negotiation
made by the contractor for work to be performed under a subcontract, including
procurements of materials, or leases of equipment, each potential
subcontractor or supplier will be notified by the contractor of the contractor’s
FYI-S Fed Fund Eng. Consultant Service Agreement, Short Form Total Fee (11-2022)
Exhibit D
Page 3 of 21
obligations under this contract and the Acts and the Regulations relative to
Non-discrimination on the grounds of race, color, or national origin.
4. Information and Reports: The contractor will provide all information and
reports required by the Acts, the Regulations, and directives issued pursuant
thereto and will permit access to its books, records, accounts, other sources
of information, and its facilities as may be determined by the sponsor or the
Federal Aviation Administration to be pertinent to ascertain compliance with
such Acts, Regulations, and instructions. Where any information required of
a contractor is in the exclusive possession of another who fails or refuses to
furnish the information, the contractor will so certify to the sponsor or the
Federal Aviation Administration, as appropriate, and will set forth what efforts
it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of a contractor’s noncompliance
with the Non-discrimination provisions of this contract, the sponsor will impose
such contract sanctions as it or the Federal Aviation Administration may
determine to be appropriate, including, but not limited to:
a. Withholding payments to the contractor under the contract until the
contractor complies; and/or
b. Cancelling, terminating, or suspending a contract, in whole or in part.
6. Incorporation of Provisions: The contractor will include the provisions of
paragraphs one through six in every subcontract, including procurements of
materials and leases of equipment, unless exempt by the Acts, the Regulations
and directives issued pursuant thereto. The contractor will take action with
respect to any subcontract or procurement as the sponsor or the Federal
Aviation Administration may direct as a means of enforcing such provisions
including sanctions for noncompliance. Provided, that if the contractor
becomes involved in, or is threatened with litigation by a subcontractor, or
supplier because of such direction, the contractor may request the sponsor to
enter into any litigation to protect the interests of the sponsor. In addition, the
contractor may request the United States to enter into the litigation to protect
the interests of the United States.
E. DISADVANTAGED BUSINESS ENTERPRISES
Contract Assurance (§ 26.13) – The contractor or subcontractor shall not discriminate
on the basis of race, color, national origin, or sex in the performance of this contract. The
contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and
administration of DOT assisted contracts. Failure by the contractor to carry out these
requirements is a material breach of this contract, which may result in the termination of
this contract or such other remedy, as the recipient deems appropriate.
Prompt Payment (§26.29) - The prime contractor agrees to pay each subcontractor
under this prime contract for satisfactory performance of its contract no later than {specify
number} days from the receipt of each payment the prime contractor receives from {Name
of recipient}. The prime contractor agrees further to return retainage payments to each
FYI-S Fed Fund Eng. Consultant Service Agreement, Short Form Total Fee (11-2022)
Exhibit D
Page 4 of 21
subcontractor within {specify the same number as above} days after the subcontractor’s
work is satisfactorily completed. Any delay or postponement of payment from the above
referenced time frame may occur only for good cause following written approval of the
Name of Recipient}. This clause applies to both DBE and non-DBE subcontractors.
F. FEDERAL FAIR LABOR STANDARDS ACT (MINIMUM WAGE)
All contracts and subcontracts that result from this solicitation incorporate the following
provisions by reference, with the same force and effect as if given in full text. The
contractor has full responsibility to monitor compliance to the referenced statute or
regulation. The contractor must address any claims or disputes that pertain to a
referenced requirement directly with the Federal Agency with enforcement
responsibilities.
Requirement Federal Agency with Enforcement
Responsibilities
Federal Fair Labor Standards Act (29
USC 201)
U.S. Department of Labor – Wage and
Hour Division
G. OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970
All contracts and subcontracts that result from this solicitation incorporate the following
provisions by reference, with the same force and effect as if given in full text. The
contractor has full responsibility to monitor compliance to the referenced statute or
regulation. The contractor must address any claims or disputes that pertain to a
referenced requirement directly with the Federal Agency with enforcement
responsibilities.
Requirement Federal Agency with Enforcement
Responsibilities
Occupational Safety and Health Act of
1970 (20 CFR Part 1910)
U.S. Department of Labor – Occupational
Safety and Health Administration
H. RIGHTS TO INVENTIONS
All rights to inventions and materials generated under this contract are subject to
regulations issued by the FAA and the Sponsor of the Federal grant under which this
contract is executed.
I. TRADE RESTRICTION CLAUSE
The contractor or subcontractor, by submission of an offer and/or execution of a contract,
certifies that it:
a. Is not owned or controlled by one or more citizens of a foreign country included
in the list of countries that discriminate against U.S. firms published by the
Office of the United States Trade Representative (USTR);
FYI-S Fed Fund Eng. Consultant Service Agreement, Short Form Total Fee (11-2022)
Exhibit D
Page 5 of 21
b. Has not knowingly entered into any contract or subcontract for this project with
a person that is a citizen or national of a foreign country on said list, or is owned
or controlled directly or indirectly by one or more citizens or nationals of a
foreign country on said list;
c. Has not procured any product nor subcontracted for the supply of any product
for use on the project that is produced in a foreign country on said list.
Unless the restrictions of this clause are waived by the Secretary of Transportation in
accordance with 49 CFR 30.17, no contract shall be awarded to a contractor or
subcontractor who is unable to certify to the above. If the contractor knowingly procures
or subcontracts for the supply of any product or service of a foreign country on said list
for use on the project, the Federal Aviation Administration may direct through the Sponsor
cancellation of the contract at no cost to the Government.
Further, the contractor agrees that, if awarded a contract resulting from this solicitation, it
will incorporate this provision for certification without modification in each contract and in
all lower tier subcontracts. The contractor may rely on the certification of a prospective
subcontractor unless it has knowledge that the certification is erroneous.
The contractor shall provide immediate written notice to the sponsor if the contractor
learns that its certification or that of a subcontractor was erroneous when submitted or
has become erroneous by reason of changed circumstances. The subcontractor agrees
to provide written notice to the contractor if at any time it learns that its certification was
erroneous by reason of changed circumstances.
This certification is a material representation of fact upon which reliance was placed when
making the award. If it is later determined that the contractor or subcontractor knowingly
rendered an erroneous certification, the Federal Aviation Administration may direct
through the Sponsor cancellation of the contract or subcontract for default at no cost to
the Government.
Nothing contained in the foregoing shall be construed to require establishment of a
system of records in order to render, in good faith, the certification required by this
provision. The knowledge and information of a contractor is not required to exceed that
which is normally possessed by a prudent person in the ordinary course of business
dealings.
This certification concerns a matter within the jurisdiction of an agency of the United
States of America and the making of a false, fictitious, or fraudulent certification may
render the maker subject to prosecution under Title 18, United States Code, Section 1001.
J. BAN ON TEXTING AND DRIVING
The contractor shall adopt and enforce workplace safety policies to decrease crashes
caused by distracted drivers, including policies to ban text messaging while driving when
performing any work for, or on behalf of, the Federal government. The contractor further
agrees to conduct workplace safety initiatives commensurate with the size of its business,
such as establishing rules or programs that prohibit text messaging while driving and
education, awareness, and other outreach to employees about the safety risks associated
with texting while driving.
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K. COPELAND “ANTI-KICKBACK” ACT
Contractor must comply with the requirements of the Copeland “Anti-Kickback” Act (18
USC 874 and 40 USC 3145), as supplemented by Department of Labor regulation 29
CFR part 3. Contractor and subcontractors are prohibited from inducing, by any means,
any person employed on the project to give up any part of the compensation to which the
employee is entitled. The Contractor and each Subcontractor must submit to the Owner,
a weekly statement on the wages paid to each employee performing on covered work
during the prior week. Owner must report any violations of the Act to the Federal Aviation
Administration.
L. DAVIS-BACON REQUIREMENTS
1. Minimum Wages.
i) All laborers and mechanics employed or working upon the site of the work will be
paid unconditionally and not less often than once a week, and without subsequent
deduction or rebate on any account (except such payroll deductions as are permitted by
the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages
and bona fide fringe benefits (or cash equivalent thereof) due at time of payment
computed at rates not less than those contained in the wage determination of the
Secretary of Labor which is attached hereto and made a part hereof, regardless of any
contractual relationship which may be alleged to exist between the Contractor and such
laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits under
section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered
wages paid to such laborers or mechanics, subject to the provisions of paragraph (1)(iv)
of this section; also, regular contributions made or costs incurred for more than a weekly
period (but not less often than quarterly) under plans, funds, or programs which cover the
particular weekly period, are deemed to be constructively made or incurred during such
weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and
fringe benefits on the wage determination for the classification of work actually performed,
without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or
mechanics performing work in more than one classification may be compensated at the
rate specified for each classification for the time actually worked therein: Provided that
the employer’s payroll records accurately set forth the time spent in each classification in
which work is performed. The wage determination (including any additional classification
and wage rates conformed under (1)(ii) of this section) and the Davis-Bacon poster (WH-
1321) shall be posted at all times by the Contractor and its subcontractors at the site of
the work in a prominent and accessible place where it can easily be seen by the workers.
ii)(A) The contracting officer shall require that any class of laborers or mechanics,
including helpers, which is not listed in the wage determination and which is to be
employed under the contract shall be classified in conformance with the wage
determination. The contracting officer shall approve an additional classification and wage
rate and fringe benefits therefore only when the following criteria have been met:
1) The work to be performed by the classification requested is not performed by a
classification in the wage determination;
2) The classification is utilized in the area by the construction industry; and
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3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable
relationship to the wage rates contained in the wage determination.
B) If the Contractor and the laborers and mechanics to be employed in the classification
if known), or their representatives, and the contracting officer agree on the classification
and wage rate (including the amount designated for fringe benefits where appropriate), a
report of the action taken shall be sent by the contracting officer to the Administrator of
the Wage and Hour Division, Employment Standards Administration, U.S. Department of
Labor, Washington, DC 20210. The Administrator, or an authorized representative, will
approve, modify, or disapprove every additional classification action within 30 days of
receipt and so advise the contracting officer or will notify the contracting officer within the
30-day period that additional time is necessary.
C) In the event the Contractor, the laborers, or mechanics to be employed in the
classification, or their representatives, and the contracting officer do not agree on the
proposed classification and wage rate (including the amount designated for fringe benefits
where appropriate), the contracting officer shall refer the questions, including the views
of all interested parties and the recommendation of the contracting officer, to the
Administrator for determination. The Administrator, or an authorized representative, will
issue a determination within 30 days of receipt, and so advise the contracting officer or
will notify the contracting officer within the 30-day period that additional time is necessary.
D) The wage rate (including fringe benefits where appropriate) determined pursuant to
subparagraphs (1)(ii) (B) or (C) of this paragraph, shall be paid to all workers performing
work in the classification under this contract from the first day on which work is performed
in the classification.
E) Whenever the minimum wage rate prescribed in the contract for a class of laborers
or mechanics includes a fringe benefit which is not expressed as an hourly rate, the
contractor shall either pay the benefit as stated in the wage determination or shall pay
another bona fide fringe benefit or an hourly cash equivalent thereof.
F) If the Contractor does not make payments to a trustee or other third person, the
Contractor may consider as part of the wages of any laborer or mechanic the amount of
any costs reasonably anticipated in providing bona fide fringe benefits under a plan or
program: Provided that the Secretary of Labor has found, upon the written request of the
Contractor, that the applicable standards of the Davis-Bacon Act have been met. The
Secretary of Labor may require the Contractor to set aside in a separate account assets
for the meeting of obligations under the plan or program.
2. Withholding.
The Federal Aviation Administration or the sponsor shall upon its own action or upon
written request of an authorized representative of the Department of Labor withhold or
cause to be withheld from the Contractor under this contract or any other Federal contract
with the same prime contractor, or any other federally-assisted contract subject to Davis-
Bacon prevailing wage requirements, which is held by the same prime contractor, so
much of the accrued payments or advances as may be considered necessary to pay
laborers and mechanics, including apprentices, trainees, and helpers, employed by the
Contractor or any subcontractor the full amount of wages required by the contract. In the
event of failure to pay any laborer or mechanic, including any apprentice, trainee, or
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helper, employed or working on the site of work, all or part of the wages required by the
contract, the Federal Aviation Administration may, after written notice to the Contractor,
Sponsor, Applicant, or Owner, take such action as may be necessary to cause the
suspension of any further payment, advance, or guarantee of funds until such violations
have ceased.
3. Payrolls and Basic Records.
i) Payrolls and basic records relating thereto shall be maintained by the Contractor during
the course of the work and preserved for a period of three years thereafter for all laborers
and mechanics working at the site of the work. Such records shall contain the name,
address, and social security number of each such worker; his or her correct classification;
hourly rates of wages paid (including rates of contributions or costs anticipated for bona
fide fringe benefits or cash equivalents thereof of the types described in 1(b)(2)(B) of the
Davis-Bacon Act); daily and weekly number of hours worked; deductions made; and
actual wages paid. Whenever the Secretary of Labor has found under 29 CFR
5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs
reasonably anticipated in providing benefits under a plan or program described in section
1(b)(2)(B) of the Davis-Bacon Act, the Contractor shall maintain records that show that
the commitment to provide such benefits is enforceable, that the plan or program is
financially responsible, and that the plan or program has been communicated in writing
to the laborers or mechanics affected, and that show the costs anticipated or the actual
costs incurred in providing such benefits. Contractors employing apprentices or trainees
under approved programs shall maintain written evidence of the registration of
apprenticeship programs and certification of trainee programs, the registration of the
apprentices and trainees, and the ratios and wage rates prescribed in the applicable
programs.
ii)(A) The Contractor shall submit weekly for each week in which any contract work is
performed a copy of all payrolls to the Federal Aviation Administration if the agency is a
party to the contract, but if the agency is not such a party, the Contractor will submit the
payrolls to the applicant, Sponsor, or Owner, as the case may be, for transmission to the
Federal Aviation Administration. The payrolls submitted shall set out accurately and
completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i),
except that full social security numbers and home addresses shall not be included on
weekly transmittals. Instead the payrolls shall only need to include an individually
identifying number for each employee (e.g. the last four digits of the employee’s social
security number). The required weekly payroll information may be submitted in any form
desired. Optional Form WH–347 is available for this purpose from the Wage and Hour
Division Web site at www.dol.gov/whd/forms/wh347instr.htm or its successor site. The
prime contractor is responsible for the submission of copies of payrolls by all
subcontractors. Contractors and subcontractors shall maintain the full social security
number and current address of each covered worker and shall provide them upon request
to the Federal Aviation Administration if the agency is a party to the contract, but if the
agency is not such a party, the Contractor will submit them to the applicant, sponsor, or
Owner, as the case may be, for transmission to the Federal Aviation Administration, the
Contractor, or the Wage and Hour Division of the Department of Labor for purposes of an
investigation or audit of compliance with prevailing wage requirements. It is not a violation
of this section for a prime contractor to require a subcontractor to provide addresses and
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social security numbers to the prime contractor for its own records, without weekly
submission to the sponsoring government agency (or the applicant, Sponsor, or Owner).
B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed
by the Contractor or subcontractor or his or her agent who pays or supervises the
payment of the persons employed under the contract and shall certify the following:
1) The payroll for the payroll period contains the information required to be provided
under 29 CFR § 5.5(a)(3)(ii), the appropriate information is being maintained under 29
CFR § 5.5 (a)(3)(i), and that such information is correct and complete;
2) Each laborer and mechanic (including each helper, apprentice, and trainee) employed
on the contract during the payroll period has been paid the full weekly wages earned,
without rebate, either directly or indirectly, and that no deductions have been made either
directly or indirectly from the full wages earned, other than permissible deductions as set
forth in Regulations 29 CFR Part 3;
3) Each laborer or mechanic has been paid not less than the applicable wage rates and
fringe benefits or cash equivalents for the classification of work performed, as specified
in the applicable wage determination incorporated into the contract.
C) The weekly submission of a properly executed certification set forth on the reverse
side of Optional Form WH-347 shall satisfy the requirement for submission of the
Statement of Compliance” required by paragraph (3)(ii)(B) of this section.
D) The falsification of any of the above certifications may subject the Contractor or
subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section
231 of Title 31 of the United States Code.
iii) The Contractor or subcontractor shall make the records required under paragraph
3)(i) of this section available for inspection, copying, or transcription by authorized
representatives of the sponsor, the Federal Aviation Administration, or the Department of
Labor and shall permit such representatives to interview employees during working hours
on the job. If the Contractor or subcontractor fails to submit the required records or to
make them available, the Federal agency may, after written notice to the Contractor,
Sponsor, applicant, or Owner, take such action as may be necessary to cause the
suspension of any further payment, advance, or guarantee of funds. Furthermore, failure
to submit the required records upon request or to make such records available may be
grounds for debarment action pursuant to 29 CFR 5.12.
4. Apprentices and Trainees.
i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate
for the work they performed when they are employed pursuant to and individually
registered in a bona fide apprenticeship program registered with the U.S. Department of
Labor, Employment and Training Administration, Bureau of Apprenticeship and Training,
or with a State Apprenticeship Agency recognized by the Bureau, or if a person is
employed in his or her first 90 days of probationary employment as an apprentice in such
an apprenticeship program, who is not individually registered in the program, but who has
been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship
Agency (where appropriate) to be eligible for probationary employment as an apprentice.
The allowable ratio of apprentices to journeymen on the job site in any craft classification
shall not be greater than the ratio permitted to the contractor as to the entire work force
under the registered program. Any worker listed on a payroll at an apprentice wage rate,
who is not registered or otherwise employed as stated above, shall be paid not less than
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the applicable wage rate on the wage determination for the classification of work actually
performed. In addition, any apprentice performing work on the job site in excess of the
ratio permitted under the registered program shall be paid not less than the applicable
wage rate on the wage determination for the work actually performed. Where a contractor
is performing construction on a project in a locality other than that in which its program is
registered, the ratios and wage rates (expressed in percentages of the journeyman’s
hourly rate) specified in the Contractor’s or subcontractor’s registered program shall be
observed. Every apprentice must be paid at not less than the rate specified in the
registered program for the apprentice’s level of progress, expressed as a percentage of
the journeymen hourly rate specified in the applicable wage determination. Apprentices
shall be paid fringe benefits in accordance with the provisions of the apprenticeship
program. If the apprenticeship program does not specify fringe benefits, apprentices must
be paid the full amount of fringe benefits listed on the wage determination for the
applicable classification. If the Administrator determines that a different practice prevails
for the applicable apprentice classification, fringes shall be paid in accordance with that
determination. In the event the Bureau of Apprenticeship and Training, or a State
Apprenticeship Agency recognized by the Bureau, withdraws approval of an
apprenticeship program, the Contractor will no longer be permitted to utilize apprentices
at less than the applicable predetermined rate for the work performed until an acceptable
program is approved.
ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at
less than the predetermined rate for the work performed unless they are employed
pursuant to and individually registered in a program which has received prior approval,
evidenced by formal certification by the U.S. Department of Labor, Employment and
Training Administration. The ratio of trainees to journeymen on the job site shall not be
greater than permitted under the plan approved by the Employment and Training
Administration. Every trainee must be paid at not less than the rate specified in the
approved program for the trainee’s level of progress, expressed as a percentage of the
journeyman hourly rate specified in the applicable wage determination. Trainees shall be
paid fringe benefits in accordance with the provisions of the trainee program. If the trainee
program does not mention fringe benefits, trainees shall be paid the full amount of fringe
benefits listed on the wage determination unless the Administrator of the Wage and Hour
Division determines that there is an apprenticeship program associated with the
corresponding journeyman wage rate on the wage determination that provides for less
than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee
rate that is not registered and participating in a training plan approved by the Employment
and Training Administration shall be paid not less than the applicable wage rate on the
wage determination for the classification of work actually performed. In addition, any
trainee performing work on the job site in excess of the ratio permitted under the
registered program shall be paid not less than the applicable wage rate on the wage
determination for the work actually performed. In the event the Employment and Training
Administration withdraws approval of a training program, the Contractor will no longer be
permitted to utilize trainees at less than the applicable predetermined rate for the work
performed until an acceptable program is approved.
iii) Equal Employment Opportunity. The utilization of apprentices, trainees, and
journeymen under this part shall be in conformity with the equal employment opportunity
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requirements of Executive Order 11246, as amended, and 29 CFR Part 30.
5. Compliance with Copeland Act Requirements.
The Contractor shall comply with the requirements of 29 CFR Part 3, which are
incorporated by reference in this contract.
6. Subcontracts.
The Contractor or subcontractor shall insert in any subcontracts the clauses contained in
29 CFR Part 5.5(a)(1) through (10) and such other clauses as the Federal Aviation
Administration may by appropriate instructions require, and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The prime
contractor shall be responsible for the compliance by any subcontractor or lower tier
subcontractor with all the contract clauses in 29 CFR Part 5.5.
7. Contract Termination: Debarment.
A breach of the contract clauses in paragraph 1 through 10 of this section may be grounds
for termination of the contract, and for debarment as a contractor and a subcontractor as
provided in 29 CFR 5.12.
8. Compliance with Davis-Bacon and Related Act Requirements.
All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR
Parts 1, 3, and 5 are herein incorporated by reference in this contract.
9. Disputes Concerning Labor Standards.
Disputes arising out of the labor standards provisions of this contract shall not be subject
to the general disputes clause of this contract. Such disputes shall be resolved in
accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5,
6, and 7. Disputes within the meaning of this clause include disputes between the
Contractor (or any of its subcontractors) and the contracting agency, the U.S. Department
of Labor, or the employees or their representatives.
10. Certification of Eligibility.
i) By entering into this contract, the Contractor certifies that neither it (nor he or she)
nor any person or firm who has an interest in the Contractor’s firm is a person or firm
ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-
Bacon Act or 29 CFR 5.12(a)(1).
ii) No part of this contract shall be subcontracted to any person or firm ineligible for
award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29
CFR 5.12(a)(1).
iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18
USC 1001.
M. ENERGY CONSERVATION REQUIREMENTS
Contractor and Subcontractor agree to comply with mandatory standards and policies
relating to energy efficiency as contained in the state energy conservation plan issued in
compliance with the Energy Policy and Conservation Act (42 USC 6201et seq.).
N. FAIR LABOR STANDARDS ACT
All contracts and subcontracts that result from this solicitation incorporate by reference
the provisions of 29 CFR part 201, the Federal Fair Labor Standards Act (FLSA), with the
same force and effect as if given in full text. The FLSA sets minimum wage, overtime pay,
recordkeeping, and child labor standards for full and part-time workers.
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The contractor has full responsibility to monitor compliance to the referenced statute or
regulation. The contractor must address any claims or disputes that arise from this
requirement directly with the U.S. Department of Labor – Wage and Hour Division.
II. PROVISION APPLICABLE TO PROFESSIONAL SERVICES
CONTRACTS $10,000 AND GREATER
A. TERMINATION OF CONTRACT
1. The Sponsor may, by written notice, terminate this contract in whole or in part at
any time, either for the Sponsor's convenience or because of failure to fulfill the
contract obligations. Upon receipt of such notice services must be immediately
discontinued (unless the notice directs otherwise) and all materials as may have
been accumulated in performing this contract, whether completed or in progress,
delivered to the Sponsor.
2. If the termination is for the convenience of the Sponsor, an equitable adjustment
in the contract price will be made, but no amount will be allowed for anticipated
profit on unperformed services.
3. If the termination is due to failure to fulfill the contractor's obligations, the Sponsor
may take over the work and prosecute the same to completion by contract or
otherwise. In such case, the contractor is liable to the Sponsor for any additional
cost occasioned to the Sponsor thereby.
4. If, after notice of termination for failure to fulfill contract obligations, it is determined
that the contractor had not so failed, the termination will be deemed to have been
effected for the convenience of the Sponsor. In such event, adjustment in the
contract price will be made as provided in paragraph 2 of this clause.
5. The rights and remedies of the sponsor provided in this clause are in addition to
any other rights and remedies provided by law or under this contract.
B. AFFIRMATIVE ACTION
Minority Participation. Sponsors are required to set goals for minority participation in
AIP funded projects exceeding $10,000. The goals for minority participation derive from
Economic Area (EA) and Standard Metropolitan Statistical Area (SMSA) as established
in Volume 45 of the Federal Register dated 10/3/80. Page 65984 contains a table of all
EAs and SMSAs and the associated minority participation goals.
To find the goals for minority participation, a sponsor must either refer to the Federal
Register Notice or to the Department of Labor online document, “Participation Goals for
Minorities and Females”. EAs and SMSAs span state boundaries. A sponsor may have
to refer to entries for adjacent states in order to locate the goal for the project location.
Female Participation. Executive Order 11246 has set a goal of 6.9% nationally for
female participation for all construction projects. This value remains constant for all
counties and states.
C. EQUAL OPPORTUNITY CLAUSE
During the performance of this contract, the Contractor agrees as follows:
1) The Contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, or national origin. The
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Contractor will take affirmative action to ensure that applicants are employed, and
that employees are treated during employment, without regard to their race,
color, religion, sex, sexual orientation, gender identify, or national origin. Such
action shall include, 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 Contractor agrees to post in conspicuous
places, available to employees and applicants for employment, notices to be
provided setting forth the provisions of this nondiscrimination clause.
2) The Contractor will, in all solicitations or advertisements for employees
placed by or on behalf of the Contractor, state that all qualified applicants will
receive considerations for employment without regard to race, color, religion, sex,
or national origin.
3) The Contractor 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 to be provided advising the said labor union or workers’
representatives of the Contractor’s commitments under this section and shall
post copies of the notice in conspicuous places available to employees and
applicants for employment.
4) The Contractor will comply with all provisions of Executive Order 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the
Secretary of Labor.
5) The Contractor will furnish all information and reports required by
Executive Order 11246 of September 24, 1965, and by rules, regulations, and
orders of the Secretary of Labor, or pursuant thereto, and will permit access to
his books, records, and accounts by the administering agency and the Secretary
of Labor for purposes of investigation to ascertain compliance with such rules,
regulations, and orders.
6) In the event of the Contractor’s noncompliance with the nondiscrimination
clauses of this contract or with any of the said rules, regulations, or orders, this
contract may be canceled, terminated, or suspended in whole or in part and the
Contractor may be declared ineligible for further Government contracts or
federally assisted construction contracts in accordance with procedures
authorized in Executive Order 11246 of September 24, 1965, and such other
sanctions may be imposed and remedies invoked as provided in Executive Order
11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of
Labor, or as otherwise provided by law.
7) The Contractor will include the portion of the sentence immediately
preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every
subcontract or purchase order unless exempted by rules, regulations, or orders
of the Secretary of Labor issued pursuant to section 204 of Executive Order
11246 of September 24, 1965, so that such provisions will be binding upon each
subcontractor or vendor. The Contractor will take such action with respect to any
subcontract or purchase order as the administering agency may direct as a
means of enforcing such provisions, including sanctions for noncompliance:
Provided, however, that in the event a contractor becomes involved in, or is
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threatened with, litigation with a subcontractor or vendor as a result of such
direction by the administering agency the Contractor may request the United
States to enter into such litigation to protect the interests of the United States.
D. STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY
CONSTRUCTION CONTRACT SPECIFICATIONS
1. As used in these specifications:
a. “Covered area” means the geographical area described in the solicitation from
which this contract resulted;
b. “Director” means Director, Office of Federal Contract Compliance Programs
OFCCP), U.S. Department of Labor, or any person to whom the Director delegates
authority;
c. “Employer identification number” means the Federal social security number used
on the Employer’s Quarterly Federal Tax Return, U.S. Treasury Department Form
941;
d. “Minority” includes:
1) Black (all persons having origins in any of the Black African racial groups not
of Hispanic origin);
2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South
American, or other Spanish culture or origin regardless of race);
3) Asian and Pacific Islander (all persons having origins in any of the original
peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific
Islands); and
4) American Indian or Alaskan native (all persons having origins in any of the
original peoples of North America and maintaining identifiable tribal affiliations
through membership and participation or community identification).
2. Whenever the Contractor, or any subcontractor at any tier, subcontracts a portion of
the work involving any construction trade, it shall physically include in each subcontract
in excess of $10,000 the provisions of these specifications and the Notice which contains
the applicable goals for minority and female participation and which is set forth in the
solicitations from which this contract resulted.
3. If the Contractor is participating (pursuant to 41 CFR part 60-4.5) in a Hometown Plan
approved by the U.S. Department of Labor in the covered area either individually or
through an association, its affirmative action obligations on all work in the Plan area
including goals and timetables) shall be in accordance with that Plan for those trades
which have unions participating in the Plan. Contractors shall be able to demonstrate their
participation in and compliance with the provisions of any such Hometown Plan. Each
contractor or subcontractor participating in an approved plan is individually required to
comply with its obligations under the EEO clause and to make a good faith effort to
achieve each goal under the Plan in each trade in which it has employees. The overall
good faith performance by other contractors or subcontractors toward a goal in an
approved Plan does not excuse any covered contractor’s or subcontractor’s failure to take
good faith efforts to achieve the Plan goals and timetables.
4. The Contractor shall implement the specific affirmative action standards provided in
paragraphs 7a through 7p of these specifications. The goals set forth in the solicitation
from which this contract resulted are expressed as percentages of the total hours of
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employment and training of minority and female utilization the Contractor should
reasonably be able to achieve in each construction trade in which it has employees in the
covered area. Covered construction contractors performing construction work in a
geographical area where they do not have a Federal or federally assisted construction
contract shall apply the minority and female goals established for the geographical area
where the work is being performed. Goals are published periodically in the Federal
Register in notice form, and such notices may be obtained from any Office of Federal
Contract Compliance Programs office or from Federal procurement contracting officers.
The Contractor is expected to make substantially uniform progress in meeting its goals in
each craft during the period specified.
5. Neither the provisions of any collective bargaining agreement nor the failure by a union
with whom the Contractor has a collective bargaining agreement to refer either minorities
or women shall excuse the Contractor’s obligations under these specifications, Executive
Order 11246, or the regulations promulgated pursuant thereto.
6. In order for the non-working training hours of apprentices and trainees to be counted
in meeting the goals, such apprentices and trainees shall be employed by the Contractor
during the training period and the Contractor shall have made a commitment to employ
the apprentices and trainees at the completion of their training, subject to the availability
of employment opportunities. Trainees shall be trained pursuant to training programs
approved by the U.S. Department of Labor.
7. The Contractor shall take specific affirmative actions to ensure equal employment
opportunity. The evaluation of the Contractor’s compliance with these specifications shall
be based upon its effort to achieve maximum results from its actions. The Contractor shall
document these efforts fully and shall implement affirmative action steps at least as
extensive as the following:
a. Ensure and maintain a working environment free of harassment, intimidation, and
coercion at all sites, and in all facilities at which the Contractor’s employees are
assigned to work. The Contractor, where possible, will assign two or more women
to each construction project. The Contractor shall specifically ensure that all
foremen, superintendents, and other onsite supervisory personnel are aware of and
carry out the Contractor’s obligation to maintain such a working environment, with
specific attention to minority or female individuals working at such sites or in such
facilities.
b. Establish and maintain a current list of minority and female recruitment sources,
provide written notification to minority and female recruitment sources and to
community organizations when the Contractor or its unions have employment
opportunities available, and maintain a record of the organizations’ responses.
c. Maintain a current file of the names, addresses, and telephone numbers of each
minority and female off-the-street applicant and minority or female referral from a
union, a recruitment source, or community organization and of what action was taken
with respect to each such individual. If such individual was sent to the union hiring
hall for referral and was not referred back to the Contractor by the union or, if
referred, not employed by the Contractor, this shall be documented in the file with
the reason therefore along with whatever additional actions the Contractor may have
taken.
d. Provide immediate written notification to the Director when the union or unions
FYI-S Fed Fund Eng. Consultant Service Agreement, Short Form Total Fee (11-2022)
Exhibit D
Page 16 of 21
with which the Contractor has a collective bargaining agreement has not referred to
the Contractor a minority person or female sent by the Contractor, or when the
Contractor has other information that the union referral process has impeded the
Contractor’s efforts to meet its obligations.
e. Develop on-the-job training opportunities and/or participate in training programs
for the area which expressly include minorities and women, including upgrading
programs and apprenticeship and trainee programs relevant to the Contractor’s
employment needs, especially those programs funded or approved by the
Department of Labor. The Contractor shall provide notice of these programs to the
sources compiled under 7b above.
f. Disseminate the Contractor’s EEO policy by providing notice of the policy to
unions and training programs and requesting their cooperation in assisting the
Contractor in meeting its EEO obligations; by including it in any policy manual and
collective bargaining agreement; by publicizing it in the company newspaper, annual
report, etc.; by specific review of the policy with all management personnel and with
all minority and female employees at least once a year; and by posting the company
EEO policy on bulletin boards accessible to all employees at each location where
construction work is performed.
g. Review, at least annually, the company’s EEO policy and affirmative action
obligations under these specifications with all employees having any responsibility
for hiring, assignment, layoff, termination, or other employment decisions, including
specific review of these items, with onsite supervisory personnel such
superintendents, general foremen, etc., prior to the initiation of construction work at
any job site. A written record shall be made and maintained identifying the time and
place of these meetings, persons attending, subject matter discussed, and
disposition of the subject matter.
h. Disseminate the Contractor’s EEO policy externally by including it in any
advertising in the news media, specifically including minority and female news
media, and providing written notification to and discussing the Contractor’s EEO
policy with other contractors and subcontractors with whom the Contractor does or
anticipates doing business.
i. Direct its recruitment efforts, both oral and written, to minority, female, and
community organizations, to schools with minority and female students; and to
minority and female recruitment and training organizations serving the Contractor’s
recruitment area and employment needs. Not later than one month prior to the date
for the acceptance of applications for apprenticeship or other training by any
recruitment source, the Contractor shall send written notification to organizations,
such as the above, describing the openings, screening procedures, and tests to be
used in the selection process.
j. Encourage present minority and female employees to recruit other minority
persons and women and, where reasonable, provide after school, summer, and
vacation employment to minority and female youth both on the site and in other areas
of a contractor’s workforce.
k. Validate all tests and other selection requirements where there is an obligation
to do so under 41 CFR part 60-3.
l. Conduct, at least annually, an inventory and evaluation at least of all minority and
FYI-S Fed Fund Eng. Consultant Service Agreement, Short Form Total Fee (11-2022)
Exhibit D
Page 17 of 21
female personnel, for promotional opportunities and encourage these employees to
seek or to prepare for, through appropriate training, etc., such opportunities.
m. Ensure that seniority practices, job classifications, work assignments, and other
personnel practices do not have a discriminatory effect by continually monitoring all
personnel and employment related activities to ensure that the EEO policy and the
Contractor’s obligations under these specifications are being carried out.
n. Ensure that all facilities and company activities are non-segregated except that
separate or single user toilet and necessary changing facilities shall be provided to
assure privacy between the sexes.
o. Document and maintain a record of all solicitations of offers for subcontracts from
minority and female construction contractors and suppliers, including circulation of
solicitations to minority and female contractor associations and other business
associations.
p. Conduct a review, at least annually, of all supervisor’s adherence to and
performance under the Contractor’s EEO policies and affirmative action obligations.
8. Contractors are encouraged to participate in voluntary associations, which assist in
fulfilling one or more of their affirmative action obligations (7a through 7p). The efforts
of a contractor association, joint contractor union, contractor community, or other similar
groups of which the Contractor is a member and participant may be asserted as fulfilling
any one or more of its obligations under 7a through 7p of these specifications provided
that the Contractor actively participates in the group, makes every effort to assure that
the group has a positive impact on the employment of minorities and women in the
industry, ensures that the concrete benefits of the program are reflected in the
Contractor’s minority and female workforce participation, makes a good faith effort to
meet its individual goals and timetables, and can provide access to documentation
which demonstrates the effectiveness of actions taken on behalf of the Contractor. The
obligation to comply, however, is the Contractor’s and failure of such a group to fulfill an
obligation shall not be a defense for the Contractor’s noncompliance.
9. A single goal for minorities and a separate single goal for women have been
established. The Contractor, however, is required to provide equal employment
opportunity and to take affirmative action for all minority groups, both male and female,
and all women, both minority and non-minority. Consequently, if the particular group is
employed in a substantially disparate manner (for example, even though the Contractor
has achieved its goals for women generally), the Contractor may be in violation of the
Executive Order if a specific minority group of women is underutilized.
10. The Contractor shall not use the goals and timetables or affirmative action standards
to discriminate against any person because of race, color, religion, sex, or national origin.
11. The Contractor shall not enter into any subcontract with any person or firm debarred
from Government contracts pursuant to Executive Order 11246.
12. The Contractor shall carry out such sanctions and penalties for violation of these
specifications and of the Equal Opportunity Clause, including suspension, termination,
and cancellation of existing.
E. PROHIBITION OF SEGREGATED FACILITIES
a) The Contractor agrees that it does not and will not maintain or provide for its
employees any segregated facilities at any of its establishments, and that it does not
FYI-S Fed Fund Eng. Consultant Service Agreement, Short Form Total Fee (11-2022)
Exhibit D
Page 18 of 21
and will not permit its employees to perform their services at any location under its
control where segregated facilities are maintained. The Contractor agrees that a breach
of this clause is a violation of the Equal Employment Opportunity clause in this contract.
b) “Segregated facilities,” as used in this clause, means any waiting rooms, work
areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks,
locker rooms and other storage or dressing areas, parking lots, drinking fountains,
recreation or entertainment areas, transportation, and housing facilities provided for
employees that are segregated by explicit directive or are in fact segregated on the basis
of race, color, religion, sex, or national origin because of written or oral policies or
employee custom. The term does not include separate or single-user rest rooms or
necessary dressing or sleeping areas provided to assure privacy between the sexes.
c) The Contractor shall include this clause in every subcontract and purchase order
that is subject to the Equal Employment Opportunity clause of this contract.
F. PROCUREMENT OF RECOVERED MATERIALS
Contractor and subcontractor agree to comply with Section 6002 of the Solid Waste
Disposal Act, as amended by the Resource Conservation and Recovery Act, and the
regulatory provisions of 40 CFR Part 247. In the performance of this contract and to the
extent practicable, the Contractor and subcontractors are to use products containing the
highest percentage of recovered materials for items designated by the Environmental
Protection Agency (EPA) under 40 CFR Part 247 whenever:
1) The contract requires procurement of $10,000 or more of a designated
item during the fiscal year; or
2) The contractor has procured $10,000 or more of a designated item
using Federal funding during the previous fiscal year.
The list of EPA-designated items is available at
www.epa.gov/smm/comprehensive- procurement-guidelines-construction-
products.
Section 6002(c) establishes exceptions to the preference for recovery of EPA-
designated products if the contractor can demonstrate the item is:
a) Not reasonably available within a timeframe providing for compliance with
the contract performance schedule;
b) Fails to meet reasonable contract performance requirements; or
c) Is only available at an unreasonable price.
III. PROVISION APPLICABLE TO PROFESSIONAL SERVICES
CONTRACTS $25,000 AND GREATER
A. CERTIFICATIONS REGARDING DEBARMENT AND SUSPENSION
1. CERTIFICATE REGARDING DEBARMENT AND SUSPENSION (BIDDER
OR OFFEROR)
By submitting a bid/proposal under this solicitation, the bidder or offeror certifies that
at the time the bidder or offeror submits its proposal that neither it nor its principals are
presently debarred or suspended by any Federal department or agency from
participation in this transaction.
FYI-S Fed Fund Eng. Consultant Service Agreement, Short Form Total Fee (11-2022)
Exhibit D
Page 19 of 21
2. CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
SUCCESSFUL BIDDER REGARDING LOWER TIER
PARTICIPANTS)
The successful bidder, by administering each lower tier subcontract that exceeds $25,000
as a “covered transaction”, must verify each lower tier participant of a “covered
transaction” under the project is not presently debarred or otherwise disqualified from
participation in this federally assisted project. The successful bidder will accomplish this
by:
1. Checking the System for Award Management at website: http://www.sam.gov
2. Collecting a certification statement similar to the Certificate Regarding
Debarment and Suspension (Bidder or Offeror), above.
3. Inserting a clause or condition in the covered transaction with the lower tier
contract
If the FAA later determines that a lower tier participant failed to tell a higher tier that it was
excluded or disqualified at the time it entered the covered transaction, the FAA may
pursue any available remedy, including suspension and debarment.
IV. PROVISIONS APPLICABLE TO PROFESSIONAL SERVICES
CONTRACTS $100,000 AND GREATER
A. LOBBYING AND INFLUENCING FEDERAL EMPLOYEES
The bidder or offeror certifies by signing and submitting this contract, to the best of his or
her knowledge and belief, that:
1) No Federal appropriated funds have been paid or will be paid, by or on behalf
of the bidder or offeror, to any person for influencing or attempting to influence an officer or
employee of an agency, a Member of Congress, an officer 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
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 Form to Report Lobbying,” in accordance with its instructions.
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.
B. BREACH OF CONTRACT TERMS
Any violation or breach of terms of this contract on the part of the contractor or their
FYI-S Fed Fund Eng. Consultant Service Agreement, Short Form Total Fee (11-2022)
Exhibit D
Page 20 of 21
subcontractors may result in the suspension or termination of this contract or such other
action that may be necessary to enforce the rights of the parties of this contract. The
duties and obligations imposed by the contract documents and the rights and remedies
available thereunder shall be in addition to and not a limitation of any duties, obligations,
rights and remedies otherwise imposed or available by law.
City will provide contractor written notice that describes the nature of the breach and
corrective actions the contractor must undertake in order to avoid termination of the
contract. City reserves the right to withhold payments to contractor until such time the
Contractor corrects the breach or the City elects to terminate the contract. The City’s
notice will identify a specific date by which the contractor must correct the breach. Owner
may proceed with termination of the contract if the contractor fails to correct the breach
by the deadline indicated in the City’s notice.
The duties and obligations imposed by the Contract Documents and the rights and
remedies available thereunder are in addition to, and not a limitation of, any duties,
obligations, rights and remedies otherwise imposed or available by law.
C. CLEAN AIR AND WATER POLLUTION CONTROL
Contractors and subcontractors agree:
1. That any facility to be used in the performance of the contract or subcontract
or to benefit from the contract is not listed on the Environmental Protection Agency (EPA)
List of Violating Facilities;
2. To comply with all the requirements of Section 114 of the Clean Air Act, as
amended, 42 U.S.C. 1857 et seq. and Section 308 of the Federal Water Pollution Control
Act, as amended, 33 U.S.C. 1251 et seq. relating to inspection, monitoring, entry, reports,
and information, as well as all other requirements specified in Section 114 and Section
308 of the Acts, respectively, and all other regulations and guidelines issued thereunder;
3. That, as a condition for the award of this contract, the contractor or
subcontractor will notify the awarding official of the receipt of any communication from the
EPA indicating that a facility to be used for the performance of or benefit from the contract
is under consideration to be listed on the EPA List of Violating Facilities;
4. To include or cause to be included in any construction contract or
subcontract which exceeds $150,000 the aforementioned criteria and requirements.
D. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
REQUIREMENTS
1. Overtime Requirements.
No contractor or subcontractor contracting for any part of the contract work which
may require or involve the employment of laborers or mechanics shall require or
permit any such laborer or mechanic, including watchmen and guards, in any
workweek in which he or she is employed on such work to work in excess of forty
hours in such workweek unless such laborer or mechanic receives compensation
at a rate not less than one and one-half times the basic rate of pay for all hours
worked in excess of forty hours in such workweek.
FYI-S Fed Fund Eng. Consultant Service Agreement, Short Form Total Fee (11-2022)
Exhibit D
Page 21 of 21
2. Violation; Liability for Unpaid Wages; Liquidated Damages.
In the event of any violation of the clause set forth in paragraph (1) above, the
contractor and any subcontractor responsible therefor shall be liable for the
unpaid wages. In addition, such contractor and subcontractor shall be liable to
the United States (in the case of work done under contract for the District of
Columbia or a territory, to such District or to such territory), for liquidated damages.
Such liquidated damages shall be computed with respect to each individual
laborer or mechanic, including watchmen and guards, employed in violation of
the clause set forth in paragraph 1 above, in the sum of $10 for each calendar
day on which such individual was required or permitted to work in excess of the
standard workweek of forty hours without payment of the overtime wages required
by the clause set forth in paragraph 1 above.
3. Withholding for Unpaid Wages and Liquidated Damages.
The Federal Aviation Administration or the Sponsor shall upon its own action or upon
written request of an authorized representative of the Department of Labor withhold or
cause to be withheld, from any monies payable on account of work performed by the
contractor or subcontractor under any such contract or any other Federal contract with
the same prime contractor, or any other Federally-assisted contract subject to the
Contract Work Hours and Safety Standards Act, which is held by the same prime
contractor, such sums as may be determined to be necessary to satisfy any liabilities of
such contractor or subcontractor for unpaid wages and liquidated damages as provided
in the clause set forth in paragraph 2 above.
4. Subcontractors.
The contractor or subcontractor shall insert in any subcontracts the clauses set forth in
paragraphs 1 through 4 and also a clause requiring the subcontractor to include these
clauses in any lower tier subcontracts. The prime contractor shall be responsible for
compliance by any subcontractor or lower tier subcontractor with the clauses set forth
in paragraphs 1 through 4 of this section.
FYI-S Fed Fund Eng. Consultant Service Agreement, Short Form Total Fee (11-2022)
Exhibit D – Attachment A
Page 1 of 2
Attachment A: CERTIFICATE OF BUY AMERICAN COMPLIANCE
FOR TOTAL FACILITY
Buildings such as Terminal, SRE, ARFF, etc.)
As a matter of bid responsiveness, the bidder or offeror must complete, sign, date, and
submit this certification statement with their proposal. The bidder or offeror must indicate
how they intend to comply with 49 USC § 50101 by selecting one of the following
certification statements. These statements are mutually exclusive. Bidder must select
one or the other (i.e. not both) by inserting a checkmark () or the letter “X”.
Bidder or offeror hereby certifies that it will comply with 49 USC. 50101 by:
a) Only installing steel and manufactured products produced in the United
States; or
b) Installing manufactured products for which the FAA has issued a waiver
as indicated by inclusion on the current FAA Nationwide Buy American
Waivers Issued listing; or
c) Installing products listed as an Excepted Article, Material or Supply in
Federal Acquisition Regulation Subpart 25.108.
By selecting this certification statement, the bidder or offeror agrees:
1. To provide to the Owner evidence that documents the source and
origin of the steel and manufactured product.
2. To faithfully comply with providing US domestic products
3. To refrain from seeking a waiver request after establishment of the
contract, unless extenuating circumstances emerge that the FAA
determines justified.
The bidder or offeror hereby certifies it cannot comply with the 100% Buy
American Preferences of 49 USC § 50101(a) but may qualify for either a Type
3 or Type 4 waiver under 49 USC § 50101(b). By selecting this certification
statement, the apparent bidder or offeror with the apparent low bid agrees:
1. To the submit to the Owner within 15 calendar days of the bid opening,
a formal waiver request and required documentation that support the
type of waiver being requested.
2. That failure to submit the required documentation within the specified
timeframe is cause for a non-responsive determination may results in
rejection of the proposal.
3. To faithfully comply with providing US domestic products at or above the
approved US domestic content percentage as approved by the FAA.
4. To furnish US domestic product for any waiver request that the FAA rejects.
5. To refrain from seeking a waiver request after establishment of the
contract, unless extenuating circumstances emerge that the FAA
determines justified.
Required Documentation
Type 3 Waiver - The cost of components and subcomponents produced in the United
States is more that 60% of the cost of all components and subcomponents of the “facility”.
FYI-S Fed Fund Eng. Consultant Service Agreement, Short Form Total Fee (11-2022)
Exhibit D – Attachment A
Page 2 of 2
The required documentation for a type 3 waiver is:
a) Listing of all manufactured products that are not comprised of 100% US
domestic content (Excludes products listed on the FAA Nationwide Buy
American Waivers Issued listing and products excluded by Federal
Acquisition Regulation Subpart 25.108; products of unknown origin must be
considered as non-domestic products in their entirety)
b) Cost of non-domestic components and subcomponents, excluding labor
costs associated with final assembly and installation at project location.
c) Percentage of non-domestic component and subcomponent cost as
compared to total “facility” component and subcomponent costs, excluding
labor costs associated with final assembly and installation at project
location.
Type 4 Waiver – Total cost of project using US domestic source product exceeds the
total project cost using non-domestic product by 25%. The required documentation for
a type 4 of waiver is:
a) Detailed cost information for total project using US domestic product
b) Detailed cost information for total project using non-domestic product
False Statements: Per 49 USC § 47126, this certification concerns a matter within the
jurisdiction of the Federal Aviation Administration and the making of a false, fictitious
or fraudulent certification may render the maker subject to prosecution under Title 18,
United States Code.
Date Signature
Company Name Title
FYI-S Fed Fund Eng. Consultant Service Agreement, Short Form Total Fee (11-2022)
Exhibit D – Attachment B
Page 1 of 2
Attachment B: CERTIFICATE OF BUY AMERICAN COMPLIANCE
FOR MANUFACTURED PRODUCTS
Non-building construction projects, equipment acquisition projects)
As a matter of bid responsiveness, the bidder or offeror must complete, sign, date, and
submit this certification statement with their proposal. The bidder or offeror must indicate
how they intend to comply with 49 USC § 50101 by selecting one on the following
certification statements. These statements are mutually exclusive. Bidder must select
one or the other (not both) by inserting a checkmark () or the letter “X”.
Bidder or offeror hereby certifies that it will comply with 49 USC § 50101 by:
a) Only installing steel and manufactured products produced in the United
States, or;
b) Installing manufactured products for which the FAA has issued a waiver as
indicated by inclusion on the current FAA Nationwide Buy American
Waivers Issued listing, or;
c) Installing products listed as an Excepted Article, Material or Supply in
Federal Acquisition Regulation Subpart 25.108.
By selecting this certification statement, the bidder or offeror agrees:
1. To provide to the Owner evidence that documents the source and origin of
the steel and manufactured product.
2. To faithfully comply with providing US domestic product
3. To furnish US domestic product for any waiver request that the FAA rejects
4. To refrain from seeking a waiver request after establishment of the contract,
unless extenuating circumstances emerge that the FAA determines
justified.
The bidder or offeror hereby certifies it cannot comply with the 100% Buy
American Preferences of 49 USC § 50101(a) but may qualify for either a Type
3 or Type 4 waiver under 49 USC § 50101(b). By selecting this certification
statement, the apparent bidder or offeror with the apparent low bid agrees:
To the submit to the Owner within 15 calendar days of the bid opening, a formal
waiver request and required documentation that support the type of waiver being
requested.
1. That failure to submit the required documentation within the specified
timeframe is cause for a non-responsive determination may result in
rejection of the proposal.
2. To faithfully comply with providing US domestic products at or above the
approved US domestic content percentage as approved by the FAA.
3. To refrain from seeking a waiver request after establishment of the contract,
unless extenuating circumstances emerge that the FAA determines
justified.
FYI-S Fed Fund Eng. Consultant Service Agreement, Short Form Total Fee (11-2022)
Exhibit D – Attachment B
Page 2 of 2
Required Documentation
Type 3 Waiver - The cost of the item components and subcomponents produced in the
United States is more that 60% of the cost of all components and subcomponents of the
item”. The required documentation for a type 3 waiver is:
a) Listing of all product components and subcomponents that are not
comprised of 100% US domestic content (Excludes products listed on the
FAA Nationwide Buy American Waivers Issued listing and products
excluded by Federal Acquisition Regulation Subpart 25.108; products of
unknown origin must be considered as non-domestic products in their
entirety)
b) Cost of non-domestic components and subcomponents, excluding labor
costs associated with final assembly at place of manufacture.
c) Percentage of non-domestic component and subcomponent cost as
compared to total “item” component and subcomponent costs, excluding
labor costs associated with final assembly at place of manufacture.
Type 4 Waiver – Total cost of project using US domestic source product exceeds the
total project cost using non-domestic product by 25%. The required documentation for
a type 4 of waiver is:
a) Detailed cost information for total project using US domestic product
b) Detailed cost information for total project using non-domestic product
False Statements: Per 49 USC § 47126, this certification concerns a matter within the
jurisdiction of the Federal Aviation Administration and the making of a false, fictitious
or fraudulent certification may render the maker subject to prosecution under Title 18,
United States Code.
Date Signature
Company Name Title
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-231 Agenda Date:2/9/2023 Agenda #:1.-F.
REPORT TO THE CITY COUNCIL
February 9, 2023
FROM:ANDREW JANZ, City Attorney
Office of the City Attorney
BY:ERICA M. CAMARENA, Chief Assistant City Attorney
Office of the City Attorney, Division of Code Enforcement
SUBJECT
Approve a consultant services agreement with JSA Inspections & Consulting in an amount not to
exceed $200,000, to provide professional inspection, testing, and consultant services for potentially
hazardous materials (lead-based paint and asbestos containing materials) as well as supervision of
removal of hazardous materials for demolitions of dangerous structures conducted by Code
Enforcement
RECOMMENDATION
Staff recommends Council approve a consultant services agreement with JSA Inspections &
Consulting; and authorize the City Attorney to sign the agreement on behalf of the City.
EXECUTIVE SUMMARY
The agreement referenced above will allow Code Enforcement to continue to safely perform
demolitions of dangerous buildings in accordance with all applicable federal, state, and local
government and agency requirements.
BACKGROUND
When a private property owner is unable or unwilling to do so, the Code Enforcement Division of the
City Attorney’s Office is responsible for the demolition of severely damaged structures that pose a
significant threat to health and safety as a result of dilapidation, fire, or other elements causing the
structure to be uninhabitable and dangerous.
In many cases, a fire will occur after hours, in the middle of the night, or on a weekend; and Code
Enforcement is called out to the scene to assess whether the structure is at risk of collapse. In
instances where the structural integrity of the building is compromised, qualified Code Enforcement
staff will make the decision to summarily demolish the structure. In other non-emergency demolition
cases, authority to abate by demolition is obtained through the administrative hearing process. In
both scenarios, it is necessary that the potentially hazardous materials be tested and properly
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Approved on Consent
File #:ID 23-231 Agenda Date:2/9/2023 Agenda #:1.-F.
both scenarios,it is necessary that the potentially hazardous materials be tested and properly
handled throughout the demolition process in accordance with applicable laws.
On March 10,2022,the City Council approved a consultant services agreement for these services on
an emergency basis due to exigent circumstances as determined by the City Manager,and with the
intention for Code Enforcement to then pursue the competitive Request for Qualifications (RFQ)
process.
Through a competitive RFQ process,the Code Enforcement Division worked with the Purchasing
Division to solicit Statements of Qualification from professional consulting service providers with the
capability and experience necessary to provide the requisite inspection,testing,and supervision of
removal of hazardous materials.The RFQ was properly advertised in The Business Journal and
published on the City’s Planet Bids website.Seven proposals were received in response to the RFQ.
The qualifications of the respondents were evaluated and rated by a committee of four in accordance
with the provisions of the RFQ.JSA Inspections &Consulting of Fresno,California was determined to
be the most qualified respondent.
A standardized consultant services agreement has been used.Upon approval by the City Council,
the consultant services agreement will be executed by the City Attorney.
ENVIRONMENTAL FINDINGS
By definition provided in the California Environmental Quality Act Guidelines Section 15378,the
award of this consultant services agreement does not qualify as a “project”.
LOCAL PREFERENCE
Local preference was taken into consideration and JSA Inspections &Consulting is a local business
pursuant to Fresno Municipal Code 4-109(b).
FISCAL IMPACT
The General Fund is not impacted by this expenditure,as the funding for this agreement is included
in the City’s FY23 adopted budget for demolitions.
Attachment:
Attachment 1 - Consultant Services Agreement with JSA Inspections & Consulting
City of Fresno Printed on 2/10/2023Page2of2
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City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-111 Agenda Date:2/9/2023 Agenda #:
1.-G.
REPORT TO THE CITY COUNCIL
FROM:LANCE LIPPINCOTT, Director
Economic Development Department
BY:KELLY TREVINO, Economic Development Analyst
Economic Development Department
SUBJECT
Approve an award of $1,500,0000 in American Rescue Plan Act (ARPA) funding to the Fresno Area
Hispanic Foundation (FAHF) and authorize City Manager or designee to negotiate and sign an
agreement for services.
RECOMMENDATION
Staff recommends City Council approve an award of $1,500,000 million in ARPA funding to FAHF to
provide façade grants to small businesses in the City of Fresno that have been disproportionately
impacted by the COVID-19 Pandemic and authorize City Manager or designee to sign agreement for
services.
EXECUTIVE SUMMARY
The City of Fresno has allocated $1,500,000 in ARPA Funding for a Façade Grant program to be
outsourced to a local Community Based Organization (CBO). This program will provide funding to
small businesses in the City of Fresno that have been disproportionately impacted by the COVID-19
pandemic. Special emphasis will be focused on outreach and funding in the downtown, Chinatown
and the Transit Oriented Development (TOD) areas within the City. Façade grant amounts shall be
up to $25,000 for single storefront properties and up to $50,000 for properties with multiple
storefronts. All funding must be allocated by December 31, 2024 and expended by June 30, 2025.
BACKGROUND
In 2021, the City of Fresno was awarded American Rescue Plan Act funding in the amount of
170,808,029. Of this funding, $1,500,000 was allocated to provide façade grants to small
businesses who were disproportionately impacted by the COVID-19 pandemic.
Through a formal request for proposals (RFP) process, a total of seven (7) proposals were submitted
for this funding through the City’s Planet Bids portal. All proposals were reviewed by a committee
consisting of representatives from Planning and Development, Finance, the City Manager’s Office
and the Economic Development Department. The committee has recommended the funding be
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1.-G.
and the Economic Development Department.The committee has recommended the funding be
awarded to FAHF to administer the façade grant program as their proposal was found to be the most
thorough,provide the best value and was best aligned with the RFP.FAHF was found to be the most
capable of providing the level of service required to effectively administer this project and has the
prior experience and knowledge necessary for reporting compliance requirements of the ARPA
funding required.In addition,FAHF has a variety of other loan programs available that could provide
further support to grantees.
Funding for the program shall be allocated to include $120,000 for administration of the program,
60,000 for technical assistance to businesses who are interested in applying and $75,000 for
outreach.The remaining $1,245,000 will be made available as façade grants to small businesses in
Fresno.The intent of the outreach funding is to provide more effective and targeted outreach to
businesses in Chinatown,Downtown and the TOD areas in the City of Fresno through subcontracting
with partner agencies. FAHF will give highest priority to other proposers/respondents to this RFP.
ENVIRONMENTAL FINDINGS
By the definition provided in the California Environmental Quality Act (CEQA)Guidelines Section
15378, this recommendation does not qualify as a “project” as defined by CEQA.
LOCAL PREFERENCE
FAHF is located in the City of Fresno and services proposed will assist City of Fresno businesses.
FISCAL IMPACT
This agreement and program will be funded through American Rescue Plan Act funding and will not
impact the general fund.
Attachments:
RFP 12300927
Bid Evaluation
Agreement
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RFP 05-2021 PAGE 1
REQUEST FOR PROPOSALS
FOR
ARPA Façade Grant Program
PROPOSAL NUMBER: 12300927
PROPOSAL SUBMISSION DEADLINE:(Prior to 3:00 p.m. on 10/25/2022)
PROPOSAL CONTACT: James E. Jackson
PURCHASING UNIT
Email: James.Jackson2@fresno.gov
Phone: (559) 621-1165 OR 621-1332
Fax: (559) 457-1309
RFP 05-2021 PAGE 2
CITY OF FRESNO
PROPOSAL SPECIFICATIONS
REQUEST FOR PROPOSALS
ARPA Façade Grant Program
Table of Contents
I - INTRODUCTION ....................................................................................................................................................... 3
NOTICE INVITING PROPOSALS........................................................................................................................................ 4
INSTRUCTIONS TO PROPOSERS ...................................................................................................................................... 5
Submittal of Proposal ................................................................................................................................................ 5
ACH Payment Initiative -Electronic Payment ............................................................................................................ 5
ADA ........................................................................................................................................................................... 5
Public Records ........................................................................................................................................................... 6
Selection Process and Evaluation Criteria ................................................................................................................. 6
Time to Award ........................................................................................................................................................... 7
Contract Documents ................................................................................................................................................. 7
Questions, Clarifications, and Concerns .................................................................................................................... 7
Contacts with City Staff ............................................................................................................................................. 7
REGULATED COMMUNICATIONS IN CITY PROCUREMENT PROCESS ORDINANCE .................................................... 7
Notification of Staff Determination .......................................................................................................................... 8
Debarment ................................................................................................................................................................ 8
OUTREACH TO SMALL BUSINESS ENTERPRISES IN SUBCONTRACTING ..................................................................... 8
II - PROPOSAL AND CONTRACT DOCUMENTS .............................................................................................................. 9
CHECK LIST ................................................................................................................................................................... 10
COST PROPOSAL........................................................................................................................................................... 11
PROPOSER QUALIFICATION QUESTIONNAIRE .............................................................................................................. 12
PROPOSAL NARRATIVE ................................................................................................................................................ 14
RISK ASSESSMENT QUESTIONNAIRE ............................................................................................................................ 1
REFERENCES ................................................................................................................................................................. 19
STATEMENT OF ACCEPTANCE OF THE INDEMNIFICATION ........................................................................................... 20
NONCOLLUSION DECLARATION ................................................................................................................................... 21
ADDENDA ..................................................................................................................................................................... 22
BUSINESS LOCATION AND LICENSE .............................................................................................................................. 23
ACH ............................................................................................................................................................... 2
SIGNATURE PAGE ......................................................................................................................................................... 25
SAMPLE CERTIFICATION ............................................................................................................................................... 27
III – SAMPLE GRANT AGREEMENT ........................................................................
EXHIBIT A SCOPE OF WORK ..........................................................................................................................................
EXHIBIT B INSURANCE REQUIREMENTS ....................................................................................................................... 40
EXHIBIT C DISCLOSURE OF CONFLICT OF INTEREST ...................................................................................................... 45
IV – SPECIAL CONDITIONS.......................................................................................................................................... 46
RFP 05-2021 PAGE 3
I - INTRODUCTION
Notice Inviting Proposals
Instructions to Proposers
RFP 05-2021 PAGE 4
NOTICE INVITING PROPOSALS
Sealed or electronic Proposals will be received by the office of the Purchasing Manager of
the City of Fresno, all in accordance with the Specifications for:
ARPA FAÇADE GRANT PROGRAM
REQUEST FOR PROPOSALS NO. 12300927
The City of Fresno is soliciting proposals from local community-based organizations to
provide façade grants to local small businesses. A total of $1,500,000.00 is available and
may be awarded to one or multiple proposers.
The RFP forms, Instructions to Proposers, copies of plans and/or specifications may be
obtained from the Office of the Purchasing Manager (phone 559 621-1332) via the City’s
web site: http://www.fresno.gov, Doing Business (at the top of the screen), Bid Opportunities.
Proposals may be submitted electronically via Planet Bids or by paper only.
Proposals are to be submitted at the Office of the Purchasing Manager of the City of Fresno,
2600 Fresno, Street, Room 2156, Fresno, CA 93721 or electronically using Planet Bids prior
to the opening at 3 p.m. on Tuesday, October 25, 2022, at which time they will be publicly
opened and recorded. Join the bid opening meeting at https://zoom.us/j/92047244398 or
call (669) 900-9128, meeting ID 920 4724 4398.
All proposals must be made on the proposal forms provided by the Purchasing Manager.
The City of Fresno hereby notifies all Proposers that no person shall be excluded from
participation in, denied any benefits of, or otherwise discriminated against in connection with
the award and performance of any contract on the basis of race, religious creed, color,
national origin, ancestry, physical disability, mental disability, medical condition, marital
status, sex, age, sexual orientation or on any other basis prohibited by law.
A proposal conference will be held via zoom at 4:00 PM. on October 14, 2022. Join the
meeting by going to https://zoom.us/j/2574999703 or call (669) 900-9128, meeting ID 257
499 9703. Prospective Proposers are encouraged to attend since City Staff will be present
to answer any questions regarding the Specifications.
Services of an interpreter and additional accommodations can be made available. Requests
for accommodations should be made at least five working days but no later than 48 hours
prior to the scheduled meeting/event. Please contact the Senior Procurement Specialist
listed on the cover at 559-621-1332 or james.jackson2@fresno.gov.
The City of Fresno reserves the right to reject any and all proposals.
RFP 05-2021 PAGE 5
INSTRUCTIONS TO PROPOSERS
ARPA FAÇADE GRANT PROGRAM
REQUEST FOR PROPOSALS NO. 12300927
1. No proposal will be considered for award unless it is submitted on the proposal forms furnished
by the Purchasing Manager, completely filled out, properly signed by the Proposer and filed
electronically via Planet Bids on or before the date and time specified in the Notice Inviting Proposals.
The time clock in the Purchasing Unit will be the official clock for documenting the time of filing.
2. The City will award a Contract or reject any or all proposals within the time stated in the
Specifications, and no proposal may be withdrawn within that period of time. Any award of a Contract
exceeding $50,000, shall be subject to the approval of the City Council.
3. The City reserves the right to reject any and all proposals.
Submittal of Proposal
4. Each Proposer shall carefully examine each and every term of this Request for Proposals; and
each Proposer shall judge all the circumstances and conditions affecting its proposal. Failure on the
part of any Proposer to make such examination and to investigate thoroughly shall not be grounds for
any declaration that the Proposer did not understand the conditions of this Request for Proposals.
5. The Proposer shall comply with any and all federal, state, or local laws, now in effect or hereafter
promulgated, which apply to the services and products herein specified.
6. This solicitation for proposals does not commit the City of Fresno to enter into a Contract or to pay
any costs incurred in the preparation of responses to the request. The City of Fresno reserves the right
to accept or reject any proposals, and to negotiate with any qualified source, or to cancel in part or in
its entirety this Request for Proposals. It may accept the proposal that it considers to be in the interest
of the City of Fresno, with or without negotiation.
7. The City reserves the right to waive any informality or minor irregularity when it is in the best
interest of the City to do so, to negotiate for the modification of any proposal with mutual consent of the
Proposer, to re-advertise for proposals if desired, and to accept the proposal which in the judgment of
the City, even though it does not offer the lowest cost, is nevertheless deemed to offer the best value
for the public and City. Any proposal which is incomplete, conditional, obscure, or which contains
irregularities of any kind, may be cause for rejection.
ACH Payment Initiative -Electronic Payment
Proposer shall provide complete and accurate billing invoices in order to receive payment. Billing
invoices submitted must contain all information and supporting documentation required by the
contract. Payment for invoices submitted by the proposer shall only be rendered electronically unless
payment by paper check is expressly authorized by the Controller, in the Controller’s sole discretion,
due to extenuating circumstances. Such electronic payment shall be made in accordance with
ordinary City procedures and practices. The proposer shall comply with the Controller’s procedures
to authorize electronic payments. Proposer acknowledges that it will not receive payment on any
invoices submitted under this Contract if it does not comply with the Controller’s electronic payment
procedures, except where the Controller has expressly authorized payment by paper check as set
forth above.
ADA
8. Accessibility Requirements: Supplier warrants that it complies with California and federal
disabilities laws and regulations; and the Services will conform to the accessibility requirements of
WCAG 2.0AA. Supplier agrees to promptly respond to and resolve any complaint regarding
accessibility of its Services. The City may require Proposer to comply with these accessibility
RFP 05-2021 PAGE 6
requirements if they are awarded a contract.
Public Records
9. The proposals received shall become the property of the City of Fresno and are subject to public
disclosure. Those parts of a proposal which are defined by the Proposer as business or trade secrets
as that term is defined in California Civil Code, Section 3426.1, and are reasonably marked "Trade
Secrets", "Confidential", or "Proprietary", and placed in a separate envelope shall only be disclosed to
the public if such disclosure is required or permitted under the California Public Records Act or
otherwise by law. Proposers who indiscriminately and without justification identify most, or all, of their
proposal as exempt from disclosure may not be considered for award. Proposals, excluding
confidential information, will be available for review after posting of staff recommendation.
Selection Process and Evaluation Criteria
10. Proposal Evaluation
The Selection Committee will review and evaluate all proposals after formal receipt. To receive proper
consideration, the proposal must meet the requirements of these Specifications. The evaluation
process will provide credit only for those capabilities and advantages which are clearly stated in the
Proposer's written proposals. In other words, advantages which are not stated will not be considered
in the evaluation process.
Proposers whose proposals include a failure to comply with or take exception to these Specifications
may not be considered for award and dropped from the evaluation process.
The Selection Committee will evaluate the proposals on the following criteria:
a. Cost as shown on the proposal form.
b. Ability to meet the stated service requirements.
c. Past Performance and Experience based on References and experience shown on
Statement of Qualifications and Experience."
d. Conformance to the terms and conditions of the RFP.
e. Financial Stability based on information provided in the Statement of Qualifications.
f. Other related information.
The City reserves the right to accept or reject any or all proposals and may select, and negotiate with
one or more Proposers concurrently, and enter into a Contract with such Proposer(s) who is (are)
determined, by the City, to provide the services which are in the interest of the City. The City may
agree to such terms and conditions as it may determine to be in its interest.
11. The Selection Committee reserves the right to request additional information from Proposers, to
negotiate terms and conditions of the Contract, to visit sites, to request demonstrations or oral
presentations, or ask Proposers to appear before the Selection Committee to clarify points of their
proposal.
12. Selection will be based on qualitative analysis and cost. Any award shall be on the basis of the
criteria specified and made to the Proposer whose proposal is judged as providing the best value in
meeting the interest of the City and the objectives of the project, in the City’s sole discretion.
13. The City reserves the right to make the selection of a Proposer(s) based on any or all factors of
value, whether quantitatively identifiable or not, including, but not limited to, the anticipated initiative
and ability of the Proposer(s) to perform the services set forth herein.
RFP 05-2021 PAGE 7
Time to Award
14. The Proposer agree that the City may have ONE HUNDRED TWENTY 120 DAYS to accept or
reject proposals. It is further understood that, if the Proposer to whom any award is made fails to enter
into a Contract as provided in the Specifications, award may be made to another Proposer, who shall
be bound to perform as if she/he had received the award in the first instance.
Contract Documents
15. Upon award of the contract, the proposer shall submit the required contract documents in a form
acceptable to the Purchasing Unit 2600 Fresno ST. Room 2156 – Fresno, CA 93721 within 15 calendar
days (except in the event in the event federal funding is applicable to this Contract, then 10 working
days) from the Notice of Award of proposal. Failure to provide said documents within the designated
period shall be sufficient cause to forfeit the proposal and initiate a City department recommendation
for City to award the Contract to the next proposer offering the next best value to the City.
Questions, Clarifications, and Concerns
16. The Specifications describing this project have been carefully prepared. Any questions or
concerns relating to these Specifications shall be directed in writing to the designated Procurement
Specialist of the Purchasing Unit (see cover page) and may be submitted electronically by utilizing the
Question and Answers field on Planet Bids.
Questions will be accepted only up to five (5) working days prior to the proposal date to allow the City,
if necessary, to issue an addendum to all proposers stating revisions, deletions, or additions to be made
to the Specifications as a result of any questions. If questions arise after the deadline, please contact
the designated Procurement Specialist of the Purchasing Unit, but the City will not guarantee a
response.
The City will not be responsible for verbal responses made by parties other than the Purchasing
Manager or designee.
Contacts with City Staff
17. Before an award is made, any contact with City staff, other than the Purchasing Manager or
designee(s), without prior written authorization is strictly prohibited and may render the Proposer non-
responsible.
REGULATED COMMUNICATIONS IN CITY PROCUREMENT PROCESS ORDINANCE
18. The Regulated Communications in City Procurement Process Ordinance (Article 6, Chapter 4
of the Fresno Municipal Code) became effective May 7, 2004. With certain specified exceptions, the
Ordinance provides that no Respondent, Bidder, Proposer (as the case may be) shall initiate, engage
in, or continue any communication to or with any City elected official concerning or touching upon any
matter which is the subject of this competitive procurement process.
Any Respondent, Bidder, Proposer or elected official (as the case may be) who initiates, engages in,
continues in, or receives any regulated communication shall file the written disclosure required by the
Regulated Communications in City Procurement Process Ordinance.
Any Respondent, Bidder, or Proposer violating the Regulated Communications in City Procurement
Process Ordinance may be disqualified from participating in this procurement process and/or
determined to be non-responsible. Additionally, the City may set aside the award of a contract, prior to
its execution, to a party found to have violated the Ordinance.
RFP 05-2021 PAGE 8
Note: The full text of Fresno Municipal Code, Chapter 4, Article 6 may be viewed on the City’s
website at, http://www.fresno.gov. Under Government, “City Clerk” - Fresno Municipal Code- Or view
the Fresno Municipal Code directly at
https://library.municode.com/ca/fresno/codes/code_of_ordinances?nodeId=MUCOFR_CH4CIPUCOS
A_ART6RECOELOFPRPR
Notification of Staff Determination
19. Once the City has reviewed and evaluated the proposals received and has determined for award
the responsible proposal that provides the best value to the City, that determination will be posted on
the City's website http://www.fresno.gov, reference link “Departments” (at the top of screen), “Finance,”
Purchasing,” and “Anticipated Formal Bid Award.” It is the sole responsibility of interested Proposers
to seek this information.
Proposers will be given an opportunity to submit, in writing, within 5 days to the Purchasing Manager
any concerns with the RFP process or Staff Determination. Such writing will be taken under
consideration by the City Manager and may be acted upon within 5 days. If no action is taken within
such 5 days, then there shall be no change in Staff Determination. The exercise of Proposer of its right
to submit its written concerns shall be a condition precedent to seeking judicial review of any award of
a contract hereunder.
Debarment
20. A Proposer may be debarred from bidding or proposing upon or being awarded any contract
with the City, or from being a subcontractor or supplier at any tier upon such contract, in accordance
with the procedures in Fresno Municipal Code Section 4-104 adopted by Council on May 17, 2018.
The initial period of any such debarment shall not be less than one year and may be permanent
depending on the violation. A Proposer may request a hearing, in accordance with Fresno Municipal
Code Section 4-104, upon receipt of a notice of proposed debarment from the City Manager or
designee. A copy of the Ordinance may be obtained from the City Clerk’s Office, 2600 Fresno Street,
Fresno, California 93721.
OUTREACH TO SMALL BUSINESS ENTERPRISES IN SUBCONTRACTING
21. The City of Fresno hereby notifies all Proposers that it is the City's policy to provide all small
business enterprises, including minority, women, and disabled veteran business enterprises, equal
access and opportunity for participation in the performance of all construction contracts, professional
service contracts, procurement of supplies, equipment and other services. Therefore, the City requests
that a Proposer who intends to subcontract a portion of the work seek out small business enterprises
that are potential subcontractors, suppliers, or consultants, and actively solicit their interest, capability,
and prices.
RFP 05-2021 PAGE 9
II - PROPOSAL AND CONTRACT DOCUMENTS
RFP 05-2021 PROPOSAL SECTION PAGE 10
Submit with Proposal)
Proposer's Name
CHECK LIST
Proposers are requested to submit this Checklist and the following information, providing the content
in the sequence shown below. If documentation provided is incomplete, the Proposer may be
ineligible for award of a Contract.
1. COVER LETTER, including company name, address, contact name, phone number and
fax number.
2. COST PROPOSAL (p.11) (complete attached form)
3. STATEMENT OF QUALIFICATIONS AND EXPERIENCE
4. CITY FORMS (pp. 20-23) (complete/return attached forms)
STATEMENT INDICATING ACCEPTANCE OF INDEMNIFICATION AND
INSURANCE REQUIREMENTS
NON-COLLUSION DECLARATION
ADDENDA, BUSINESS LOCATION AND BUSINESS LICENSE
5. Signature page of all ADDENDA issued, Addendum No. (Enter numbers, if applicable).
6. Applicable Not Applicable
AUDITED FINANCIAL STATEMENTS for the last two available years, including balance sheet
and income statement. If Proposer is a partnership or joint venture, individual financial
statements must be submitted for each general partner and the joint venture thereof. If to be
treated as “Confidential” provide in a separate envelope with the proposal.
7. REFERENCES (p. 19)
8. PROPOSER QUESTIONNAIRE (pp. 12-13) (complete attached form)
9. PROPOSAL NARRATIVE (pp. 14) (complete attached form)
10. RISK ASSESSMENT QUESTIONNAIRE (pp. 15-18) (complete attached forms)
11. SIGNATURE PAGES (pp. 25-26), including (for corporations) Notary Acknowledgment in
corporate form, certification by secretary and board resolution or other document to
authorize individual who signs proposal.
12. ACH AUTHORIZATION AGREEMENT (p.24) Signature page of ACH payment.
RFP 05-2021 PROPOSAL SECTION PAGE 11
Submit with Proposal)
Proposer's Name
COST PROPOSAL
ARPA FAÇADE GRANT PROGRAM
REQUEST FOR PROPOSALS NO. 12300927
INTRODUCTION
TO THE PURCHASING MANAGER, CITY OF FRESNO
Having carefully examined the Request for Proposals, attachments and related documents, the
undersigned proposes and agrees to provide to the City of Fresno, in accordance with the Specifications
annexed hereto and made a part thereof, the following services at the following rates:
SERVICES DESCRIPTION
The City of Fresno has a total of $1,500,000.00 in ARPA funds to develop, market, administer and
fund all aspects of a cash grant reimbursement program/programs that provides for funding of exterior
façade improvements (as visible from a public street) of existing buildings to qualified commercial
businesses that operate in the City of Fresno and whose business has been disproportionately
impacted by the COVID 19 Pandemic (per ARPA Guidelines). Grant amounts shall be up to $25,000
for single storefront properties and up to $50,000 for properties with multiple storefronts. No new
construction shall be funded.
We pledge to provide the following services (please include a summary of all funding you require to
facilitate the program, as well as grant funding to be disbursed to businesses as described in the
Proposal Narrative” – page 14)
SERVICE/DESCRIPTION TIMELINE BUDGET/PERCENTAGE
The Total Amount of Proposal is ______________________________________________ Dollars
and ________________ Cents.
The above amount shall include any and all applicable taxes. Up to 10 percent of the proposal amount
may be applied to grant management and administration costs.
The City will pay for only those items which were actually delivered or received during the term of the
Contract.
The City reserves the right to reject any and all proposals.
RFP 05-2021 PROPOSAL SECTION PAGE 12
Submit with Proposal.)
Proposer’s Name: _________________________
PROPOSER QUALIFICATION QUESTIONNAIRE
FOR REQUEST FOR PROPOSALS FOR:
ARPA FAÇADE GRANT PROGRAM
REQUEST FOR PROPOSALS NO. 12300927
TO: THE PURCHASING MANAGER OF THE CITY OF FRESNO
The undersigned Proposer submits the following information in accordance with the proposal
Specifications:
Use additional sheets as needed.)
1. a. Business Name (If using more than one business name, please list all names.):
b. Address:
Is your firm operating as a franchisee? Yes or No
If yes, list the franchiser, and number of years your business has been franchised:
2. Provide the names, titles, qualifications, years of experience, and years with your firm, for all
key personnel in authority in your business, including the key personnel that will be involved in
this project, and the extent to which they will be involved in the performance of this Contract.
3. How many years has your business been established?
How many years has your business been under your present name?
How many years under former names? (List name and number of years)
4. How many years has your business been providing services?
5. What other types of services does your business provide?
6. Do you have any affiliated companies? (If parent company, list subsidiaries and divisions. If
subsidiary or division, name parent company, its principals, and their addresses):
7. Have there been any contract terminations for the services your firm performs before the
fulfillment of the contract within the past three years? Yes or No
If so, list the date, client, and reason for termination below:
RFP 05-2021 PROPOSAL SECTION PAGE 13
Submit with Proposal.)
Proposer's Name __________________________
PROPOSER QUALIFICATION QUESTIONNAIRE (Continued)
FOR REQUEST FOR PROPOSALS FOR:
ARPA FAÇADE GRANT PROGRAM
REQUEST FOR PROPOSALS NO. 12300927
8. Provide an organization chart, indicating full-time personnel, job titles, locations, and whether
each individual works out of an office or is in the field. Organization chart attached?
Yes or No
9. Does the proposer currently possess sufficient resources to meet the initial requirements (See
Estimated Quantities for each , pgs. for this contract?
Yes or No
If “Yes”, describe the inventory and if “No”, describe how you will meet the initial requirements:
10. Describe how you will meet the requirements to administer all aspects of this grant program.
Reference: Section V - Scope of Work
11. Outline your support services including establishing direct lines of communication with City
technical staff. Reference: Section V – Scope of Work:
RFP 05-2021 PROPOSAL SECTION PAGE 14
Submit with Proposal)
Proposer's Name
PROPOSAL NARRATIVE
FOR REQUEST FOR PROPOSALS FOR:
ARPA FAÇADE GRANT PROGRAM
REQUEST FOR PROPOSALS NO. 12300927
Each proposal must include the following sections, answering the questions identified below at a
minimum. Please expand on the items outlined in the cost proposal (page 11) and include additional
information about your proposed program in the applicable categories. For additional information
regarding the program requirements, please see Section V – Scope of Work.
Section 1: Program Description
Describe the components of your organization’s proposed program outlining each phase from
marketing/outreach to grant closeout and reporting back to City Staff.
Include information on the workflow each grant applicant will pass through from application to
approval/denial and fund disbursement.
Do you plan on sub-granting any portion of your program to other organizations? If so, please
name each organization, any prior experience they have related to this program and the
process by which you will select them and oversee their work.
Section 2: Marketing
Describe your targeted population for marketing and outreach and how they qualify as a
disproportionately impacted business per the U.S. Department of Treasury’s designation as
outlined in the Assistance to Small Business of the State and Local Fiscal Recovery Funds
SLFRF) Final Rule (https://home.treasury.gov/system/files/136/SLFRF-Final-Rule.pdf) See
also SLRF Final Rule Overview (https://home.treasury.gov/system/files/136/SLFRF-Final-
Rule-Overview.pdf). Please note that special consideration may be given to those who target
qualified areas within the downtown, Chinatown and Transit Oriented Development (TOD)
Corridor areas of Fresno
Describe your organization’s experience and expertise in working with this population.
Describe how you will market the program to ensure that this targeted population has access
to this information.
Section 3: Timeline
Provide information on timeline for the program, from marketing to final reporting to City Staff.
Identify strategies your organization will use to ensure that funding is granted in a timely
manner.
Section 4: Metrics and Reporting
Identify how you will determine that a business is qualified to participate and receive funding.
Identify how funding will be distributed in the event that enough funding isn’t available for all
qualified applicants.
Describe how your organization will track the applications, qualifying documentation and
funding.
Describe how you will report back to City Staff.
Submit with Proposal)
RFP 05-2021 PROPOSAL SECTION PAGE 15
Proposer's Name
SUBRECIPIENT PRE-AWARD RISK ASSESSMENT QUESTIONNAIRE
This questionnaire is used to help assess the level of risk of a potential subrecipient and may dictate
the monitoring plan for a subrecipient. This questionnaire must be completed prior to entering a
subaward agreement. The City of Fresno may follow up with the potential subrecipient regarding the
responses to this questionnaire.
Subrecipient Contact Information
Full Legal Organization/Business Name:
Address:
City, State, Zip:
Telephone number:
E-mail address:
Website:
How long has your organization been in business?
Number of employees:
DUNS number:
Do you have an active registration with SAM.gov? Yes No
EIN (Employee ID Number):
Organization fiscal year range:
Subrecipient Type of Organization (select one):
Government Nonprofit corporation Other
corporation
Individual
Subrecipient Organization Classification (select all that apply):
Woman-Owned Business Small Business
Minority Institution/Owned Tribal
Veteran Owned Other:
Subrecipient Personnel Contact Information
Contact for Subaward
Name:
Title:
Telephone Number:
E-mail Address:
Attachments: Please attach the following or check N/A if not applicable.
Document Attached N/A
RFP 05-2021 PROPOSAL SECTION PAGE 16
a. IRS Determination Letter (granting
income tax exemption under IRC §
501(c)(3))
b. Form 990 or 990-EZ from the last
two (2) years, including Form 990-
T and all supporting schedules and
attachments
c. Copies of audit reports and
management letters received
during the last two (2) fiscal years
from Subrecipient’s independent
auditors (including all reports
associated with a Single Audit
pursuant to 2 C.F.R. Part 200,
Subpart F)
d. Copies of results from audits,
examinations, or monitoring
procedures performed during the
last two (2) fiscal years on any
direct federal award received by
Subrecipient
e. Federal indirect cost rate
agreement
f. List of all awards to Subrecipient
from City of Fresno during the last
two (2) years
1. Has your agency operated with or managed federal funds (has not done so within the
past three years)?
Yes
No
2. Has your agency been required to comply with the Single Audit requirements of the
Uniform Guidance in the last two (2) fiscal years? (Compliance with 2 C.F.R. Part 200,
Subpart F required if Subrecipient expends $750,000 or more in federal awards in a
fiscal year). If yes, provide an electronic copy of the most recent Single Audit.
Yes
No
3. Has your agency’s annual financial statements been audited by an independent audit
firm? If yes, provide a copy of the statements for the last two (2) fiscal years.
RFP 05-2021 PROPOSAL SECTION PAGE 17
Yes
No
4. If the answers to Questions 2 or 3 is yes, were there any findings or questioned costs
in the last two (2) fiscal years? If yes, please explain any findings or questioned costs.
Yes
No
Not Applicable
Explanation (if applicable):
5. Does your financial system:
a) Provide for the control and accountability of grant funds, property, and other
assets?
Yes
No
b) Separately track revenue and expenditures for the grant funds?
Yes
No
6. Are all payments properly documented with evidence or receipt of goods or
performance of services?
Yes
No
7. Are all bank accounts reconciled monthly?
Yes
No
8. Has your agency had any significant changes in key personnel within the past 12
months? (e.g., Controller, Exec. Director, Program Manager, Accounting Manager,
etc.) If yes, please explain.
Yes
No
Explanation (if applicable):
9. Has your agency implemented new or substantially changed systems related to grant
management or accounting systems within the past 12 months? If yes, please explain.
Yes
No
Explanation (if applicable):
10. Does your agency have policies that address the following?
RFP 05-2021 PROPOSAL SECTION PAGE 18
Ethics/Professional Conduct Yes No
Pay Rates and Benefits Yes No
Discrimination Yes No
Purchasing/Procurement Yes No
Property and Equipment Yes No
Segregation of Duties Yes No
Time and Effort Reporting Yes No
Record Retention Yes No
11. Does your agency certify that they are not presently debarred, suspended, proposed
for debarment, declared ineligible or voluntarily excluded from participation in this
transaction by any Federal or State department or agency?
Yes
No
By its authorized signatory below, your agency hereby certifies and attests to the accuracy of
the above responses and all corresponding information attached.
Signature: _________________________________________________________
Printed Name: _____________________________________________________
Title: _____________________________________________________________
Phone Number: ____________________________________________________
Date: _____________________________________________________________
RFP 05-2021 PROPOSAL SECTION PAGE 19
Submit with Proposal)
Proposer's Name ______________________________
REFERENCES
ARPA FAÇADE GRANT PROGRAM
REQUEST FOR PROPOSALS NO. 12300927
Please list at least three references of similar size and type of services, including governmental
agencies, if available.
1. AGENCY/COMPANY NAME:
ADDRESS:
CONTACT PERSON: E-MAIL:
PHONE NUMBER: FAX NUMBER:
LENGTH OF CONTRACT: NUMBER OF YEARS:
TYPE OF SERVICE PROVIDED:
2. AGENCY/COMPANY NAME:
CONTACTPERSON: E-MAIL:
PHONE NUMBER: FAX NUMBER:
LENGTH OF CONTRACT: NUMBER OF YEARS:
TYPE OF SERVICE PROVIDED:
3. AGENCY/COMPANY NAME:
ADDRESS:
CONTACT PERSON: E-MAIL:
PHONE NUMBER: FAX NUMBER:
LENGTH OF CONTRACT: NUMBER OF YEARS:
TYPE OF SERVICE PROVIDED:
RFP 05-2021 PROPOSAL SECTION PAGE 20
Submit with Proposal)
Proposer's Name
STATEMENT OF ACCEPTANCE OF THE INDEMNIFICATION
AND INSURANCE REQUIREMENTS
FOR REQUEST FOR PROPOSALS FOR:
ARPA FAÇADE GRANT PROGRAM
REQUEST FOR PROPOSALS NO. 12300927
The Proposer shall sign below that the Proposer accepts in whole the Indemnification and Insurance
Requirements set forth in these Specifications. If the Proposer takes exception to some portions, those
portions shall be listed here below and the Proposer shall sign that the Proposer accepts all portions of
the requirements not listed.
Note: Any exceptions may cause a Proposer to not be awarded a contract.
ACCEPT
DO NOT ACCEPT
If "DO NOT ACCEPT" is checked, please list exceptions:
INSERT IF APPLICABLE
Signature of Authorized Person
Type or Print Name of Authorized Person
RFP 05-2021 PROPOSAL SECTION PAGE 21
Submit with Proposal)
Proposer's Name
NONCOLLUSION DECLARATION
Public Contract Code section 7106
The undersigned declares:
I am the __________________________ of _________________________________________,
Title of Authorized Person Bidding Firm
the party making the foregoing bid.
The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company,
association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has
not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The
bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone
else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or
indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the
bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of
any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly,
submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information
or data relative thereto, to any corporation, partnership, company, association, organization, bid
depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid,
and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint
venture, limited liability company, limited liability partnership, or any other entity, hereby represents
that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true
and correct and that this declaration is executed on _________, at ________________, ______.
Date City State
Signature of Authorized Person
Print Name of Authorized Person
The above Noncollusion Declaration is part of the Bid Proposal.
Bidders are cautioned that making a false declaration may subject the certifier to criminal prosecution.
RFP 05-2021 PROPOSAL SECTION PAGE 22
Submit with Proposal)
Proposer's Name
ADDENDA
The City makes a concentrated effort to ensure any addenda issued relating to these Specifications are
distributed to all interested parties. It shall be the Proposer's responsibility to inquire as to whether any addenda
to the Specifications have been issued. Upon issuance by the City, all addenda are part of the proposal. Signing
the proposal on the signature page thereof shall also constitute signature on all addenda.
TIME PERIOD TO AWARD/REJECT
The undersigned Proposer agrees that the City may have ONE HUNDRED AND TWENTY (120) DAYS from
the date proposals are opened to accept or reject proposals. It is further understood that, if the Proposer to
whom any award is made fails to enter into a Contract as provided in the Specifications, award may be made to
another Proposer, who shall be bound to perform as if she/he had received the award in the first instance.
RFP 05-2021 PROPOSAL SECTION PAGE 23
Submit with Proposal)
Proposer's Name
BUSINESS LOCATION AND LICENSE
FOR REQUEST FOR PROPOSALS FOR:
ARPA FAÇADE GRANT PROGRAM
REQUEST FOR PROPOSALS NO. 12300927
BUSINESS LOCATION
The undersigned Proposer does not maintain a place of business in the City of Fresno.
The undersigned Proposer maintains a place of business in the City of Fresno
at: , Fresno, CA
BUSINESS LICENSE
The undersigned Proposer has a current City of Fresno Business License and the number is .
If the successful Proposer does not have a City of Fresno Business License, he/she shall obtain such a license
prior to the issuance of a Notice to Proceed for the Work and maintain in effect throughout the term of this
Contract.
RFP 05-2021 PROPOSAL SECTION PAGE 24
Submit with Proposal)
Initial:____________________
CITY OF FRESNO
FINANCE DEPARTMENT
ACCOUNTS PAYABLE SECTION
AUTHORIZATION AGREEMENT FOR DIRECT PAYMENTS (ACH CREDITS)
Company Contact Email
Name ______________________________ Address _____________________________________
Required)
Contact Name Telephone Number
The City of Fresno, Finance Department, (FINANCE DEPARTMENT), is authorized to initiate credit entries to
the company above, (COMPANY), in the account below at the depository financial institution named below,
DEPOSITORY), and to credit the same to such account. Company acknowledges that the origination of
ACH transactions to its account must comply with the provisions of U.S. law.
Depository
Name Branch
City State Zip Code
Routing Account
Number Number _______________________________
o ACH Authorization Agreement Form already on file with City.
This authorization is to remain in full force and effect until FINANCE DEPARTMENT has received written
notification of its termination. The FINANCE DEPARTMENT and DEPOSITORY have a reasonable time
to process the termination.
Name(s)
Please print)
Signature Date
Title
RFP 05-2021 PROPOSAL SECTION PAGE 25
Submit with Proposal)
SIGNATURE PAGE
By my signature on this proposal I certify, under penalty of perjury under the laws of the State of
California, that the statements contained in this proposal are true and correct.
PROPOSAL SUBMITTED BY:
Please follow the instructions for each line, as explained below.)
1) ( ) ( )
Firm Phone Fax
2)
Corp.) (Individual) (Partner) (Other)
3)
Business Address
City State Zip Code
4) By:
Signature of Authorized Person
Type or Print Name of Authorized Person and Title
Federal Tax I.D. No.: Date:
RFP 05-2021 PROPOSAL SECTION PAGE 26
INSTRUCTIONS FOR SIGNATURE PAGE
LINE 1: The name of the Proposer must be the same as that under which a license is issued, if a
license is required. If the Proposer is a corporation, enter the exact name of the corporation
under which it is incorporated; if Proposer is an individual, enter name; if Proposer is an
individual operating under a trade name, enter name and dba (trade name in full); if a
partnership, enter the correct trade style of the partnership; if a joint venture, enter exact
names of entities joining in the venture.
LINE 2: Identify here the character of the name shown under (1), i.e., corporation (including state of
incorporation), individual, partnership, or joint venture.
LINE 3: Enter the address to which all communications and notices regarding the Proposal and any
Contract awarded thereunder are to be addressed.
LINE 4: (a) If the Proposer is a corporation, the Proposal must be signed by an officer or
employee authorized to sign Contracts on behalf of the corporation evidenced by inclusion
of one of the following certified by the secretary of the corporation, authorizing the officer or
employee to sign contracts (sample certification attached): a copy of the Secretary of State
printout, a copy of the Articles of Incorporation, a copy of the Bylaws, a copy of the Board
Resolution or Minutes authorizing the officer or employee to sign Contracts.
b) If Proposer is an individual, he/she must sign the Proposal, or if the Proposal is signed
by an employee or agent on behalf of the Proposer, a copy of a power of attorney must be
on file with the City of Fresno prior to the time set for the opening of the proposals or must
be submitted with the Proposal.
c) If the Proposer is a partnership, the Proposal must be signed by all general partners;
or by a general partner(s) authorized to sign Contracts on behalf of the partnership
evidenced by inclusion of either a copy of the Partnership Agreement or a recorded
Statement of Partnership.
d) If the Proposer is a joint venture, the Proposal must be signed by all joint venturers; or
by a joint venturer(s) authorized to sign Contracts on behalf of the joint venture evidenced
by inclusion of either a copy of the Joint Venture Agreement or a recorded Statement of Joint
Venture; and if the joint venturer(s) is a corporation or a partnership signing on behalf of the
Joint Venture, then Paragraphs (a) and c) above apply respectively.
Where Proposer is a partnership or a corporation, the names of all other general partners,
or the names of the president and secretary of the corporation, and their business addresses
must be typewritten below:
NAME ADDRESS
NOTE: All addresses must be complete with street number, City, State, and Zip Code.
RFP 05-2021 PROPOSAL SECTION PAGE 27
SAMPLE CERTIFICATION
I, , certify that I am the secretary
Name
of the corporation named herein; that who signed this
Name
Bid Proposal on behalf of the corporation, was then of
Title
said corporation; that said Bid Proposal is within the scope of its corporate powers and was duly
signed for and on behalf of said corporation by authority of its governing body, as evidenced by the
attached true and correct copy of the
Name of Corporate Document
By:
Name:
Title: Secretary
Date:
RFP 05-2021 PROPOSAL SECTION PAGE 28
SAMPLE AGREEMENT FOR ADMINISTRATION OF
FUNDING UNDER THE AMERICAN RESCUE PLAN ACT FOR
THIS AGREEMENT (AGREEMENT) is made and entered into effective upon execution
by both parties (the Effective Date), by and between the CITY OF FRESNO (the CITY), and
ADMINISTRATOR).
RECITALS
WHEREAS, there is an increased need for _____; and
WHEREAS, the City desires to provide funds to assist ADMINISTRATOR in providing
and
WHEREAS, ADMINISTRATOR represents it desires to and is professionally and legally
capable of immediately providing these services for City of Fresno residents; and
WHEREAS, ADMINISTRATOR acknowledges that grant funds being provided under
this Agreement will be derived from the City’s allocation under the American Rescue Plan Act
Pub.L. 117-2) (hereinafter ARPA), and is subject to any constraints set forth therein including
but not limited to, the Coronavirus State and Local Fiscal Recovery Funds (CSLFRF) Final
Rule (31 CFR Part 35); and
WHEREAS, this Agreement will be administered for the City by its City Manager or its
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. ADMINISTRATOR 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. 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 of ________________
XXXX). Such fees include all expenses incurred by the Consultant in performance of such
services.
b) Detailed statements shall be rendered monthly and will be payable in the normal
course of City business.
3. Term of Agreement and Time for Performance. This Agreement shall be effective
from the Effective Date through _________, subject to earlier termination in accordance with
this Agreement. The services as described in Exhibit A are to commence upon the Effective
Date and shall be completed prior to expiration of this Agreement and in accordance with any
performance schedule set forth in Exhibit A.
4. Amendment to Increase or Decrease Scope of Services: 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 may include an adjustment to
ADMINISTRATOR’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.
RFP 05-2021 PROPOSAL SECTION PAGE 29
ADMINISTRATOR shall not be entitled to any additional compensation if services are
performed prior to a signed written amendment.
5. Termination, Remedies and Force Majeure.
a) This Agreement shall terminate without any liability of the City or to
ADMINISTRATOR upon the earlier of: (i) ADMINISTRATOR filing for protection under the
federal bankruptcy laws, or any bankruptcy petition or petition for receiver commenced by a
third party against ADMINISTRATOR; (ii) seven calendar days prior written notice with or
without cause by the City to ADMINISTRATOR; (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,
ADMINISTRATOR 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 ADMINISTRATOR that are
owned by the City. Subject to the terms of this Agreement, ADMINISTRATOR shall be paid
compensation for services satisfactorily performed prior to the effective date of termination.
ADMINISTRATOR 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 ADMINISTRATOR 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 ADMINISTRATOR, 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 ADMINISTRATOR, 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) ADMINISTRATOR shall provide the City with adequate written assurances of
future performance, upon the Administrator’s request, in the event ADMINISTRATOR fails to
comply with any terms or conditions of this Agreement.
f) ADMINISTRATOR shall be liable for default unless nonperformance is caused
by an occurrence beyond the reasonable control of ADMINISTRATOR 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. ADMINISTRATOR shall notify the City 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 Administrator of the cessation of such
occurrence.
6. Confidential Information and Ownership of Documents.
a) Any reports, information, or other data prepared or assembled by
RFP 05-2021 PROPOSAL SECTION PAGE 30
ADMINISTRATOR pursuant to this Agreement shall not be made available to any individual or
organization by ADMINISTRATOR without the prior written approval of the City. During the
term of this Agreement, and thereafter, ADMINISTRATOR 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, 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 writings and documents prepared or provided by
ADMINISTRATOR pursuant to this Agreement, including without limitation grant applications
and supporting documents, 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. Copies of grant
applications and supporting documents shall be promptly provided to City during the term of
this Agreement. ADMINISTRATOR shall not permit the reproduction or use thereof by any
other person except as otherwise expressly provided herein.
c) If ADMINISTRATOR should subcontract all or any portion of the services
to be performed under this Agreement, ADMINISTRATOR shall cause each subcontractor to
also comply with the requirements of this Section 6.
d) This Section 6 shall survive expiration or termination of this Agreement.
7. Professional Skill. It is further mutually understood and agreed by and between
the parties hereto that inasmuch as ADMINISTRATOR represents to the City that
ADMINISTRATOR 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 ADMINISTRATOR
and any subcontractors to do and perform such services in a skillful manner and the
ADMINISTRATOR 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 ADMINISTRATOR or any subcontractors from said professional standards.
8. Indemnification.
To the furthest extent allowed by law, ADMINISTRATOR shall indemnify, hold harmless
and defend CITY and each of its officers, officials, employees, agents and volunteers from any
and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort
or strict liability, including but not limited to personal injury, death at any time and property
damage), and from any and all claims, demands and actions in law or equity (including
reasonable attorney's fees and litigation expenses) that arise out of, pertain to, or relate to the
negligence, recklessness or willful misconduct of ADMINISTRATOR, its principals, officers,
employees, agents or volunteers in the performance of this Agreement.
If ADMINISTRATOR should subcontract all or any portion of the services to be
performed under this Agreement, ADMINISTRATOR shall require each subcontractor to
indemnify, hold harmless and defend CITY and each of its officers, officials, employees, agents
and volunteers in accordance with the terms of the preceding paragraph.
Notwithstanding the aforementioned, ADMINISTRATOR recognizes that the source of
funds for the grant to be provided hereunder is the City’s allocation from the ARPA. To this
end ADMINISTRATOR shall, without limitation, indemnify the City, and each of its officers,
officials, employees, agents, and volunteers from any and all loss, liability, fines, penalties,
RFP 05-2021 PROPOSAL SECTION PAGE 31
forfeitures, costs and damages incurred by the City from any and all claims, demands and
actions in law or equity (including attorney's fees and litigation expenses), arising or alleged to
have arisen directly or indirectly from the negligent or intentional acts or omissions, or willful
misconduct of ADMINISTRATOR or any of its officers, officials, employees, agents, or
volunteers in the performance of this Agreement and compliance with ARPA.
This section shall survive termination or expiration of this Agreement.
9. Insurance. ADMINISTRATOR shall comply with all of the insurance
requirements in Exhibit B to this Agreement.
10. Conflict of Interest and Non-Solicitation.
a) Prior to the City's execution of this Agreement, ADMINISTRATOR 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, ADMINISTRATOR shall have the obligation and
duty to immediately notify the City in writing of any change to the information provided by
ADMINISTRATOR in such statement.
b) ADMINISTRATOR 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.) and the
regulations of the Fair Political Practices Commission concerning disclosure and
disqualification (2 California Code of Regulations Section 18700 et. seq.). At any time, upon
written request of the City, ADMINISTRATOR shall provide a written opinion of its legal counsel
and that of any subcontractor that, after a due diligent inquiry, ADMINISTRATOR and the
respective subcontractor(s) are in full compliance with all laws and regulations.
ADMINISTRATOR 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, ADMINISTRATOR shall immediately notify the City of these
facts in writing.
c) In performing the work or services to be provided hereunder,
ADMINISTRATOR 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) ADMINISTRATOR 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 ADMINISTRATOR, nor any of ADMINISTRATOR 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
unless fully disclosed to and approved by the City Manager, in advance and in writing.
ADMINISTRATOR 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, ADMINISTRATOR shall remain responsible for complying with Section 10(b), above.
f) If ADMINISTRATOR should subcontract all or any portion of the work to
RFP 05-2021 PROPOSAL SECTION PAGE 32
be performed or services to be provided under this Agreement, ADMINISTRATOR shall include
the provisions of this Section 10 in each subcontract and require its subcontractors to comply
therewith.
g) This Section 10 shall survive expiration or termination of this Agreement.
11. ARPA Compliance and Certification. ADMINISTRATOR shall submit only those
expenditures which are eligible for payment and in compliance with the allowable expenditures,
including the following eligibility requirements:
ADMINISTRATOR shall provide the City with quarterly expenditure and performance
reports, as defined in the Final Rule and Treasury Department’s SLFRF Compliance and
Reporting Guidance (CRG). ADMINISTRATOR shall also provide an annual report as required
under the CRG. These reports shall be in a form specified under the CRG and shall be
accompanied by invoices and receipts that substantiate the figures on the expenditure report.
Additionally, a certification signed by the Chief Executive or designee of ADMINISTRATOR
certifying that the uses of the grant funds are consistent with those allowed under ARPA, shall
be included with the expenditure report and substantiating documentation. As required by the
2 CFR Part 170, Appendix A award term regarding reporting subaward and executive
compensation, recipients must also report the names and total compensation of their five most
highly compensated executives and their subrecipients’ executives for the preceding
completed fiscal year if (1) the recipient received 80% or more of its annual gross revenues
from Federal procurement contracts (and subcontracts) and Federal financial assistance
subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards), and received
25,000,000 or more in annual gross revenues from Federal procurement contracts (and
subcontracts) and Federal financial assistance subject to the Transparency Act (and
subawards), and (2) if the information is not otherwise public. If the ADMINISTRATOR is
already disclosing this information as part of another agreement involving Federal monies,
ADMINISTRATOR shall provide documentation to the City that it is fulfilling this requirement.
ADMINISTRATOR’s failure to provide a Certification or provide either the quarterly or annual
expenditure/performance reports may be considered a default of this Agreement under Section
5 of this agreement. If ADMINISTRATOR is found to have provided services to ineligible
individual, households, or entities or made an ineligible expenditure, CITY shall have the right
to reclaim a dollar amount from the ADMINISTRATOR that is equal to the amount determined
to be ineligible.
12. 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 City Manager or designee.
b) The City is required under 2 CFR 200.332 to manage and monitor
subrecipient compliance with ARPA guidance. Accordingly, ADMINISTRATOR agrees to
permit City staff to conduct one performance review during the term of this agreement. City
has the right to conduct additional performance reviews both during the term of this agreement
and after the agreement’s term should the City believe these reviews are necessary. Records
of ADMINISTRATOR 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. Records
related to ADMINISTRATOR’s performance metrics shall be made available and retained for
the same time periods as the Project’s expense data. ADMINISTRATOR shall furthermore
RFP 05-2021 PROPOSAL SECTION PAGE 33
comply with all funding requirements as set forth in ARPA. If ADMINISTRATOR fails to provide
City staff access or documentation necessary to conduct a City-requested performance review,
City may terminate this Agreement in accordance with Section 5.
In addition, all books, documents, papers, and records of ADMINISTRATOR
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 ADMINISTRATOR should subcontract all or any
portion of the services to be performed under this Agreement, ADMINISTRATOR shall cause
each subcontractor to also comply with the requirements of this paragraph. This Section 12(b)
shall survive expiration or termination of this Agreement.
c) Prior to execution of this Agreement by the City, ADMINISTRATOR shall
have provided evidence to the City that ADMINISTRATOR is licensed to perform the services
called for by this Agreement (or that no license is required). If ADMINISTRATOR should
subcontract all or any portion of the work or services to be performed under this Agreement,
ADMINISTRATOR 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) Prior to execution of this Agreement by the City, ADMINISTRATOR will
permit City staff to conduct a subrecipient risk assessment, as required under the Uniform
Guidance (2 CFR 200.332(b)). Failure to allow City staff to conduct this subrecipient risk
assessment may result in the City terminating this Agreement in accordance with Section 5.
Additionally, the ADMINISTRATOR’s failure to be certified by City staff at the end of the risk
assessment as having adequate internal controls to manage the funding provided in this
agreement may result in the City terminating this Agreement in accordance with Section 5.
13. Nondiscrimination. To the extent required by controlling federal, state, and local
law, ADMINISTRATOR 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,
ADMINISTRATOR agrees as follows:
a) ADMINISTRATOR 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) ADMINISTRATOR 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. ADMINISTRATOR 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
RFP 05-2021 PROPOSAL SECTION PAGE 34
ADMINISTRATOR’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. ADMINISTRATOR agrees to post in conspicuous places, available to
employees and applicants for employment, notices setting forth the provision of this
nondiscrimination clause.
c) ADMINISTRATOR will, in all solicitations or advertisements for employees
placed by or on behalf of ADMINISTRATOR 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) ADMINISTRATOR 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 ADMINISTRATOR’s
commitment under this section and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
e) If ADMINISTRATOR should subcontract all or any portion of the services
to be performed under this Agreement, ADMINISTRATOR shall cause each subcontractor to
also comply with the requirements of this Section 13.
14. Independent Contractor.
a) In the furnishing of the services provided for herein, ADMINISTRATOR is
acting solely as an independent contractor. Neither ADMINISTRATOR, 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 ADMINISTRATOR shall perform its work and functions.
However, the City shall retain the right to administer this Agreement so as to verify that
ADMINISTRATOR is performing its obligations in accordance with the terms and conditions
thereof.
b) This Agreement does not evidence a partnership or joint venture between
ADMINISTRATOR and the City. ADMINISTRATOR shall have no authority to bind the City
absent the City's express written consent. Except to the extent otherwise provided in this
Agreement, ADMINISTRATOR shall bear its own costs and expenses in pursuit thereof.
c) Because of its status as an independent contractor, ADMINISTRATOR
and its officers, agents, and employees shall have absolutely no right to employment rights and
benefits available to City employees. ADMINISTRATOR 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, ADMINISTRATOR shall be
solely responsible, indemnify, defend and save the City harmless from all matters relating to
employment and tax withholding for and payment of ADMINISTRATOR’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’s 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, ADMINISTRATOR
may be providing services to others unrelated to the City or to this Agreement.
RFP 05-2021 PROPOSAL SECTION PAGE 35
15. 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.
16. Binding. Once this Agreement is signed by all parties, it shall be binding upon,
and shall inure to the benefit of, all parties, and each parties' respective heirs, successors,
assigns, transferees, agents, servants, employees, and representatives.
17. Assignment.
a) This Agreement is personal to ADMINISTRATOR and there shall be no
assignment by ADMINISTRATOR of its rights or obligations under this Agreement without the
prior written approval of the City Manager or designee. Any attempted assignment by
ADMINISTRATOR, its successors or assigns, shall be null and void unless approved in writing
by the City Manager or designee.
b) ADMINISTRATOR hereby agrees not to assign the payment of any
monies due ADMINISTRATOR 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 ADMINISTRATOR directly to the ADMINISTRATOR.
18. Compliance With Law. In providing the services required under this Agreement,
ADMINISTRATOR 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 all other 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. In addition, GRANTOR
elects to receive funds from the Secretary under ARPA and will use the funds in a manner
consistent with such section.
19. 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.
20. 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.
21. 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.
22. 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.
23. Interpretation. The parties acknowledge that this Agreement in its final form is
RFP 05-2021 PROPOSAL SECTION PAGE 36
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.
24. 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.
25. Exhibits. Each exhibit and attachment referenced in this Agreement is, by the
reference, incorporated into and made a part of this Agreement.
26. 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.
27. ALTERATION OF TERMS: No alterations or variations of the terms of this Contract shall
be valid unless made in writing and signed by both parties.
28. 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.
29. 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.
30. 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.
31. 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.
32. 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 ADMINISTRATOR.
SIGNATURES FOLLOW ON NEXT PAGE]
RFP 05-2021 PROPOSAL SECTION PAGE 37
IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno,
California, on the day and year first above written.
CITY OF FRESNO,
a California municipal corporation
By:
Georgeanne A. White Date
City Manager, City of Fresno
APPROVED AS TO FORM:
RINA M. GONZALES
Interim City Attorney
By:
Angela M. Karst Date
Deputy City Attorney
ATTEST:
TODD STERMER, CMC
City Clerk
By:
Date
Deputy
insert name of ADMINISTRATOR],
a California nonprofit corporation
By:
Name:
Title:
If corporation or LLC., Board Chair,
Pres. or Vice Pres.)
By:
Name:
Title:
If corporation or LLC., CFO,
Treasurer, Secretary or Assistant
Secretary)
Addresses:
CITY:
City of Fresno
Attention: Georgeanne A. White
City Manager
2600 Fresno Street
Fresno, CA 93721
Phone: (559) 621-7000
FAX: (559) 621-7990
insert name of ADMINISTRATOR]
Attention:
Fresno, CA ______
Phone: (559) _____________
Attachments:
1. Exhibit A - Scope of Work, Budget and Metrics
2. Exhibit B - Insurance Requirements
3. Exhibit C - Conflict of Interest Disclosure Form
RFP 05-2021 PROPOSAL SECTION PAGE 38
EXHIBIT A
SCOPE OF WORK, BUDGET AND METRICS
The City of Fresno is issuing this Request for Proposals for administration of its “ARPA Façade
Grant Program”.
This program will provide a total of $1,500,000 in ARPA funds to develop, market, administer
and fund all aspects of a cash grant reimbursement program that provides funding for exterior
façade improvements (as visible from a public street) of existing buildings to qualified
commercial businesses that operate in the City of Fresno and whose small business has been
disproportionately impacted by the COVID 19 Pandemic per the U.S. Department of Treasury’s
designation as outlined in the Assistance to Small Business Section in the Coronavirus State
and Local Fiscal Recovery Funds (SLFRF) Final Rule
https://home.treasury.gov/system/files/136/SLFRF-Final-Rule.pdf) See also SLRF Final Rule
Overview (https://home.treasury.gov/system/files/136/SLFRF-Final-Rule-Overview.pdf).
Please note that special consideration may be given to those who target qualified areas within
the downtown, Chinatown and Transit Oriented Development (TOD) Corridor areas of Fresno
Grant amounts shall be up to $25,000 for single storefront properties and up to $50,000 for
properties with multiple storefronts. No new construction shall be funded.
This funding and scope of work may be awarded to one or more administrators.
ARPA Façade Grant Program Specifications:
The maximum business grant award will be $50,000 for existing properties with multiple
storefronts and $25,000 for properties with a single storefront. Only exterior façade renovations
of existing businesses are eligible. All historic properties must comply with the Secretary of the
Interior Standards for the Rehabilitation of Historic Structures and receive approval from the
City of Fresno Historic Preservation Commission. All work must be done by a licensed
contractor with a valid City of Fresno Business Tax Certificate.
Eligibility Requirements for the program shall include:
Physical Business Address – Business must be physically located and operating in the City of
Fresno AND designated as “Disproportionately Impacted” by the COVID 19 Pandemic per the
U.S. Department of Treasury’s designation as outlined in the Assistance to Small Business
section of the Coronavirus State and Local Fiscal Recovery Funds (SLFRF) Final Rule
https://home.treasury.gov/system/files/136/SLFRF-Final-Rule.pdf) See also SLRF Final Rule
Overview (https://home.treasury.gov/system/files/136/SLFRF-Final-Rule-Overview.pdf)
Please note that special consideration may be given to those who target qualified areas within
the downtown, Chinatown and Transit Oriented Development (TOD) Corridor areas of Fresno.
RFP 05-2021 PROPOSAL SECTION PAGE 39
Not a Chain – Business must not be part of a larger or national chain operation.
Meet Small Business Criteria as Defined in 15 U.S.C. 632 – meaning the business is
independently owned and operated and is not dominate in its field of operation.
Workforce – Businesses must have 25 or fewer employees.
Business Tax Certificate – Businesses must have a current City of Fresno Business
Tax Certificate as of the date of their Façade Grant award.
Businesses that are owned (in whole or part) by City Staff, Councilmembers, contracted CBO
Staff or their spouses or domestic partners are NOT eligible.
Marketing:
The program shall be promoted across multiple channels including, but not limited to, door-to-
door outreach in the eligible area, television, radio, email and social media outreach.
All marketing, outreach and related collateral must be available in the following four
languages:
o English
o Spanish
o Hmong
o Punjabi
Tracking and Reporting:
Selected proposer(s) must collect, verify and record all documentation necessary (including
ownership information and legal business structure verification, current business tax certificate
verification, proof of work done – including before and after photos and receipts, w-9’s and any
other documentation deemed necessary by the proposer(s) and/or City Staff) in determining
eligibility and turn such documentation over to the City of Fresno after conclusion of the
disbursement of funds.
Outcome metrics shall include:
Names and relevant information (address, ownership info, Council District and
demographic information) on each business that submits an application (funded AND
not-funded)
Information on documentation collected to verify eligibility
Information on all marketing and outreach done
Summary of outcomes, including challenges encountered and how those were
overcome.
Any other information deemed relevant to the program by the chosen organization(s)
and/or City Staff as the program progresses.
RFP 05-2021 PROPOSAL SECTION PAGE 40
EXHIBIT B
INSURANCE REQUIREMENTS
a) Throughout the life of this Agreement, ADMINISTRATOR shall pay for and
maintain in full force and effect all insurance as required herein 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 his/her sole
discretion. If the ADMINISTRATOR is self-insured, the following requirements will outline the
responsibility of the self-insured coverage. The required policies of insurance as stated herein
shall maintain limits of liability of not less than those amounts stated therein. However, the
insurance limits available to CITY and STATE and each of their 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,
ADMINISTRATOR fails to maintain any required insurance in full force and effect, all services
and work under this Agreement shall be discontinued immediately, and all payments due or
that become due to ADMINISTRATOR shall be withheld until notice is received by CITY that
the required insurance has been restored to full force and effect and that the premiums
therefore have been paid for a period satisfactory to CITY. Any failure to maintain the required
insurance shall be sufficient cause for CITY to terminate this Agreement. No action taken by
CITY pursuant to this section shall in any way relieve ADMINISTRATOR 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 ADMINISTRATOR shall not be deemed to
release or diminish the liability of ADMINISTRATOR, including, without limitation, liability under
the indemnity provisions of this Agreement. The duty to indemnify CITY and STATE by
ADMINISTRATOR 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 ADMINISTRATOR. Approval or purchase of any insurance
contracts or policies shall in no way relieve from liability nor limit the liability of
ADMINISTRATOR, vendors, suppliers, invitees, consultants, medical professionals,
subcontractors, consultants, or anyone employed directly or indirectly by any of them.
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
RFP 05-2021 PROPOSAL SECTION PAGE 41
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).
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
ADMINISTRATOR’S profession.
MINIMUM LIMITS OF INSURANCE
ADMINISTRATOR shall procure and maintain for the duration of the contract insurance with
limits of liability not less than those set forth below. However, insurance limits available to CITY
and STATE and each of their officers, officials, employees, agents and volunteers as additional
insureds, shall be the greater of the minimum limits specified herein or the full limit of any
insurance proceeds available to the named insured:
1. COMMERCIAL GENERAL LIABILITY:
i) $1,000,000 per occurrence for bodily injury and property damage;
ii) $1,000,000 per occurrence for personal and advertising injury;
iii) $2,000,000 aggregate for products and completed operations; and,
iv) $2,000,000 general aggregate applying separately to the work performed
under the Agreement.
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. PROFESSIONAL LIABILITY :
i) $1,000,000 per claim/occurrence; and,
ii) $2,000,000 policy aggregate.
UMBRELLA OR EXCESS INSURANCE
In the event ADMINISTRATOR 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 and STATE and each of their officers, officials, employees, agents and volunteers.
DEDUCTIBLES AND SELF-INSURED RETENTIONS
ADMINISTRATOR shall be responsible for payment of any deductibles contained in any
insurance policy(ies) required herein and ADMINISTRATOR shall also be responsible for
RFP 05-2021 PROPOSAL SECTION PAGE 42
payment of any self-insured retentions. Any 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 self-insured retentions as respects
CITY and STATE or any of their officers, officials, employees, agents and
volunteers; or
ii) ADMINISTRATOR shall provide a financial guarantee, satisfactory to CITY’S
Risk Manager or designee, guaranteeing payment of losses and related
investigations, claim administration and defense expenses. At no time shall CITY
be responsible for the payment of any deductibles or self-insured retentions.
OTHER INSURANCE PROVISIONS/ENDORSEMENTS
i) All policies of insurance required herein shall be endorsed to provide that the
coverage shall not be cancelled, non-renewed, reduced in coverage or in limits
except after thirty calendar days’ written notice has been given to CITY, except
ten days for nonpayment of premium. ADMINISTRATOR 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, ADMINISTRATOR 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,
ADMINISTRATOR 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.
ii) The Commercial General and Automobile Liability insurance policies shall be
written on an occurrence form.
iii) The Commercial General and Automobile Liability insurance policies shall be
endorsed to name CITY and STATE and each of their officers, officials, agents,
employees and volunteers as an additional insured. ADMINISTRATOR shall
establish additional insured status for the CITY and STATE for all ongoing and
completed operations under the Commercial General Liability policy by use of
ISO Forms or an executed manuscript insurance company endorsements
providing additional insured status. The Commercial General endorsements
must be as broad as that contained in ISO Forms: GC 20 10 11 85 or both CG
20 10 & CG 20 37.
iv) The Commercial General and Automobile Liability insurance shall contain, or be
endorsed to contain, that the ADMINISTRATOR’S insurance shall be primary to
and require no contribution from the CITY or STATE. The Commercial General
Liability policy is required to include primary and non-contributory coverage in
favor of the CITY and STATE for both the ongoing and completed operations
coverage. These coverages shall contain no special limitations on the scope of
protection afforded to CITY and STATE and each of their officers, officials,
employees, agents and volunteers. If ADMINISTRATOR maintains higher limits
of liability than the minimums shown above, CITY and STATE requires and shall
be entitled to coverage for the higher limits of liability maintained by
ADMINISTRATOR.
RFP 05-2021 PROPOSAL SECTION PAGE 43
v) Should any of these policies provide that the defense costs are paid within the
Limits of Liability, thereby reducing the available limits by defense costs, then the
requirement for the Limits of Liability of these polices will be twice the above
stated limits.
vi) For any claims related to this Agreement, ADMINISTRATOR’S insurance
coverage shall be primary insurance with respect to the CITY and STATE and
each of their officers, officials, agents, employees and volunteers. Any insurance
or self-insurance maintained by the CITY and STATE and each of their officers,
officials, agents, employees and volunteers shall be excess of the
ADMINISTRATOR’S insurance and shall not contribute with it.
vii) The Workers’ Compensation insurance policy shall contain, or be endorsed to
contain, a waiver of subrogation as to CITY and STATE and each of their officers,
officials, agents, employees and volunteers.
viii) The Commercial General and Automobile Liability insurance policies shall
contain, or be endorsed to contain, a waiver of subrogation as to CITY and
STATE and each of their officers, officials, agents, employees and volunteers.
If the Professional Liability (Abuse & Molestation) 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 ADMINISTRATOR.
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 ADMINISTRATOR,
ADMINISTRATOR must purchase “extended reporting” coverage for a minimum
of five (5) 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.
PROVIDING OF DOCUMENTS - ADMINISTRATOR shall furnish CITY with all
certificate(s) and applicable endorsements effecting coverage required herein. All
certificates and applicable endorsements are to be received by CITY’s Risk
Manager within a reasonable time after execution of this agreement. All non-ISO
endorsements amending policy coverage shall be executed by a licensed and
authorized agent or broker. Upon request of CITY, ADMINISTRATOR 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. All subcontractors working under the direction of
ADMINISTRATOR shall also be required to provide all documents noted herein.
SUBCONTRACTORS- If ADMINISTRATOR subcontracts any or all of the services to
be performed under this Agreement, ADMINISTRATOR shall be solely responsible for
RFP 05-2021 PROPOSAL SECTION PAGE 44
ensuring that its subcontractors maintain insurance coverage at levels no less than
those required by applicable law and is customary in the relevant industry and shall
indemnify CITY and STATE if failure to comply with this provision results in damages to
the CITY or the ADMINISTRATOR.
RFP 05-2021 PROPOSAL SECTION PAGE 45
EXHIBIT C
DISCLOSURE OF CONFLICT OF INTEREST
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)
RFP 05-2021 PROPOSAL SECTION PAGE 46
IV – SPECIAL CONDITIONS
RFP 05-2021 PROPOSAL SECTION PAGE 47
IV. SPECIAL CONDITIONS
PAYMENT: The Proposer shall invoice the City of Fresno in order to initiate the payment process.
Invoices shall be submitted to:
ATTENTION: Kelly Trevino
City of Fresno
Economic Development Department
2600 Fresno St, Room 2156
Fresno, CA 93721
Contractor hereby agrees not to assign the payment 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.
AGREEMENT BETWEEN THE CITY OF FRESNO AND FRESNO AREA
HISPANIC FOUNDATION REGARDING ADMINISTRATION OF FUNDING UNDER
THE AMERICAN RESCUE PLAN ACT FOR A FAÇADE GRANT PROGRAM
THIS AGREEMENT (AGREEMENT) is made and entered into effective upon execution
by both parties (the Effective Date), by and between the CITY OF FRESNO (the CITY), and
FRESNO AREA HISPANIC FOUNDATION (ADMINISTRATOR).
RECITALS
WHEREAS, there is an increased need for funding for small businesses who have
suffered economically due to the COVID-19 pandemic; and
WHEREAS, the City desires to provide funds to assist ADMINISTRATOR in providing a
grant program designed to assist businesses in beautifying their facades in an effort to
strengthen and grow their business; and
WHEREAS, ADMINISTRATOR represents it desires to and is professionally and legally
capable of immediately providing these services for City of Fresno businesses; and
WHEREAS, ADMINISTRATOR acknowledges that grant funds being provided under
this Agreement will be derived from the City’s allocation under the American Rescue Plan Act
Pub.L. 117-2) (hereinafter ARPA), and is subject to any constraints set forth therein including
but not limited to, the Coronavirus State and Local Fiscal Recovery Funds (CSLFRF) Final
Rule (31 CFR Part 35); and
WHEREAS, this Agreement will be administered for the City by its City Manager or its
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. ADMINISTRATOR 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. 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 of $1,500,000.
Such fees include all expenses incurred by the Consultant in performance of such services.
b) Detailed statements shall be rendered monthly and will be payable in the
normal course of City business.
3. Term of Agreement and Time for Performance. This Agreement shall be effective
from the Effective Date through December 31, 2025, subject to earlier termination in
accordance with this Agreement. The services as described in Exhibit A are to commence
upon the Effective Date and shall be completed prior to expiration of this Agreement and in
accordance with any performance schedule set forth in Exhibit A.
4. Amendment to Increase or Decrease Scope of Services. 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 may include an adjustment to
ADMINISTRATOR’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.
ADMINISTRATOR shall not be entitled to any additional compensation if services are
performed prior to a signed written amendment.
5. Termination, Remedies and Force Majeure.
a) This Agreement shall terminate without any liability of the City or to
ADMINISTRATOR upon the earlier of: (i) ADMINISTRATOR filing for protection under the
federal bankruptcy laws, or any bankruptcy petition or petition for receiver commenced by a
third party against ADMINISTRATOR; (ii) seven calendar days prior written notice with or
without cause by the City to ADMINISTRATOR; (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,
ADMINISTRATOR 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 ADMINISTRATOR that are
owned by the City. Subject to the terms of this Agreement, ADMINISTRATOR shall be paid
compensation for services satisfactorily performed prior to the effective date of termination.
ADMINISTRATOR 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 ADMINISTRATOR 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 ADMINISTRATOR, 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 ADMINISTRATOR, 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) ADMINISTRATOR shall provide the City with adequate written
assurances of future performance, upon the Administrator’s request, in the event
ADMINISTRATOR fails to comply with any terms or conditions of this Agreement.
f) ADMINISTRATOR shall be liable for default unless nonperformance is
caused by an occurrence beyond the reasonable control of ADMINISTRATOR 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. ADMINISTRATOR shall notify the City 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 Administrator of the cessation of such
occurrence.
6. Confidential Information and Ownership of Documents.
a) Any reports, information, or other data prepared or assembled by
ADMINISTRATOR pursuant to this Agreement shall not be made available to any individual or
organization by ADMINISTRATOR without the prior written approval of the City. During the
term of this Agreement, and thereafter, ADMINISTRATOR 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, 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 writings and documents prepared or provided by
ADMINISTRATOR pursuant to this Agreement, including without limitation grant applications
and supporting documents, 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. Copies of grant
applications and supporting documents shall be promptly provided to City during the term of
this Agreement. ADMINISTRATOR shall not permit the reproduction or use thereof by any
other person except as otherwise expressly provided herein.
c) If ADMINISTRATOR should subcontract all or any portion of the services
to be performed under this Agreement, ADMINISTRATOR shall cause each subcontractor to
also comply with the requirements of this Section 6.
d) This Section 6 shall survive expiration or termination of this Agreement.
7. Professional Skill. It is further mutually understood and agreed by and between
the parties hereto that inasmuch as ADMINISTRATOR represents to the City that
ADMINISTRATOR 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 ADMINISTRATOR
and any subcontractors to do and perform such services in a skillful manner and the
ADMINISTRATOR 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 ADMINISTRATOR or any subcontractors from said professional standards.
8. Indemnification. To the furthest extent allowed by law, ADMINISTRATOR shall
indemnify, hold harmless and defend CITY and each of its officers, officials, employees, agents
and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages
whether in contract, tort or strict liability, including but not limited to personal injury, death at
any time and property damage), and from any and all claims, demands and actions in law or
equity (including reasonable attorney's fees and litigation expenses) that arise out of, pertain
to, or relate to the negligence, recklessness or willful misconduct of ADMINISTRATOR, its
principals, officers, employees, agents or volunteers in the performance of this Agreement.
If ADMINISTRATOR should subcontract all or any portion of the services to be
performed under this Agreement, ADMINISTRATOR shall require each subcontractor to
indemnify, hold harmless and defend CITY and each of its officers, officials, employees, agents
and volunteers in accordance with the terms of the preceding paragraph.
Notwithstanding the aforementioned, ADMINISTRATOR recognizes that the source of
funds for the grant to be provided hereunder is the City’s allocation from the ARPA . To this
end ADMINISTRATOR shall, without limitation, indemnify the City, and each of its officers,
officials, employees, agents, and volunteers from any and all loss, liability, fines, penalties,
forfeitures, costs and damages incurred by the City from any and all claims, demands and
actions in law or equity (including attorney's fees and litigation expenses), arising or alleged to
have arisen directly or indirectly from the negligent or intentional acts or omissions, or willful
misconduct of ADMINISTRATOR or any of its officers, officials, employees, agents, or
volunteers in the performance of this Agreement and compliance with ARPA .
This section shall survive termination or expiration of this Agreement.
9. Insurance. ADMINISTRATOR shall comply with all of the insurance
requirements in Exhibit C to this Agreement.
10. Conflict of Interest and Non-Solicitation.
a) Prior to the City's execution of this Agreement, ADMINISTRATOR shall
complete a City of Fresno conflict of interest disclosure statement in the form as set forth in
Exhibit D. During the term of this Agreement, ADMINISTRATOR shall have the obligation and
duty to immediately notify the City in writing of any change to the information provided by
ADMINISTRATOR in such statement.
b) ADMINISTRATOR 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.) and the
regulations of the Fair Political Practices Commission concerning disclosure and
disqualification (2 California Code of Regulations Section 18700 et. seq.). At any time, upon
written request of the City, ADMINISTRATOR shall provide a written opinion of its legal counsel
and that of any subcontractor that, after a due diligent inquiry, ADMINISTRATOR and the
respective subcontractor(s) are in full compliance with all laws and regulations.
ADMINISTRATOR 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, ADMINISTRATOR shall immediately notify the City of these
facts in writing.
c) In performing the work or services to be provided hereunder,
ADMINISTRATOR 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) ADMINISTRATOR 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 ADMINISTRATOR, nor any of ADMINISTRATOR 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
unless fully disclosed to and approved by the City Manager, in advance and in writing.
ADMINISTRATOR 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, ADMINISTRATOR shall remain responsible for complying with Section 10(b), above.
f) If ADMINISTRATOR should subcontract all or any portion of the work to
be performed or services to be provided under this Agreement, ADMINISTRATOR shall include
the provisions of this Section 10 in each subcontract and require its subcontractors to comply
therewith.
g) This Section 10 shall survive expiration or termination of this Agreement.
11. ARPA Compliance and Certification. ADMINISTRATOR shall submit only those
expenditures which are eligible for payment and in compliance with the allowable expenditures,
including the following eligibility requirements:
ADMINISTRATOR shall provide the City with quarterly expenditure and performance
reports, as defined in the Final Rule and Treasury Department’s SLFRF Compliance and
Reporting Guidance (CRG). ADMINISTRATOR shall also provide an annual report as required
under the CRG. These reports shall be in a form specified under the CRG and shall be
accompanied by invoices and receipts that substantiate the figures on the expenditure report.
Additionally, a certification signed by the Chief Executive or designee of ADMINISTRATOR
certifying that the uses of the grant funds are consistent with those allowed under ARPA, shall
be included with the expenditure report and substantiating documentation. As required by the
2 CFR Part 170, Appendix A award term regarding reporting subaward and executive
compensation, recipients must also report the names and total compensation of their five most
highly compensated executives and their subrecipients’ executives for the preceding
completed fiscal year if (1) the recipient received 80% or more of its annual gross revenues
from Federal procurement contracts (and subcontracts) and Federal financial assistance
subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards), and received
25,000,000 or more in annual gross revenues from Federal procurement contracts (and
subcontracts) and Federal financial assistance subject to the Transparency Act (and
subawards), and (2) if the information is not otherwise public. If the ADMINISTRATOR is
already disclosing this information as part of another agreement involving Federal monies,
ADMINISTRATOR shall provide documentation to the City that it is fulfilling this requirement.
ADMINISTRATOR’s failure to provide a Certification or provide either the quarterly or annual
expenditure/performance reports may be considered a default of this Agreement under Section
5 of this agreement. If ADMINISTRATOR is found to have provided services to ineligible
individual, households, or entities or made an ineligible expenditure, CITY shall have the right
to reclaim a dollar amount from the ADMINISTRATOR that is equal to the amount determined
to be ineligible.
12. 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 City Manager or designee.
b) The City is required under 2 CFR 200.332 to manage and monitor
subrecipient compliance with ARPA guidance. Accordingly, ADMINISTRATOR agrees to
permit City staff to conduct one performance review during the term of this agreement. City
has the right to conduct additional performance reviews both during the term of this agreement
and after the agreement’s term should the City believe these reviews are necessary. Records
of ADMINISTRATOR 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. Records
related to ADMINISTRATOR’s performance metrics shall be made available and retained for
the same time periods as the Project’s expense data. ADMINISTRATOR shall furthermore
comply with all funding requirements as set forth in ARPA. If ADMINISTRATOR fails to provide
City staff access or documentation necessary to conduct a City-requested performance review,
City may terminate this Agreement in accordance with Section 5.
In addition, all books, documents, papers, and records of ADMINISTRATOR
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 ADMINISTRATOR should subcontract all or any
portion of the services to be performed under this Agreement, ADMINISTRATOR shall cause
each subcontractor to also comply with the requirements of this paragraph. This Section 12(b)
shall survive expiration or termination of this Agreement.
c) Prior to execution of this Agreement by the City, ADMINISTRATOR shall
have provided evidence to the City that ADMINISTRATOR is licensed to perform the services
called for by this Agreement (or that no license is required). If ADMINISTRATOR should
subcontract all or any portion of the work or services to be performed under this Agreement,
ADMINISTRATOR 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) Prior to execution of this Agreement by the City, ADMINISTRATOR will
permit City staff to conduct a subrecipient risk assessment, as required under the Uniform
Guidance (2 CFR 200.332(b)). Failure to allow City staff to conduct this subrecipient risk
assessment may result in the City terminating this Agreement in accordance with Section 5.
Additionally, the ADMINISTRATOR’s failure to be certified by City staff at the end of the risk
assessment as having adequate internal controls to manage the funding provided in this
agreement may result in the City terminating this Agreement in accordance with Section 5.
13. Nondiscrimination. To the extent required by controlling federal, state, and local
law, ADMINISTRATOR 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,
ADMINISTRATOR agrees as follows:
a) ADMINISTRATOR 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) ADMINISTRATOR 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. ADMINISTRATOR 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
ADMINISTRATOR’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. ADMINISTRATOR agrees to post in conspicuous places, available to
employees and applicants for employment, notices setting forth the provision of this
nondiscrimination clause.
c) ADMINISTRATOR will, in all solicitations or advertisements for employees
placed by or on behalf of ADMINISTRATOR 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) ADMINISTRATOR 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 ADMINISTRATOR’s
commitment under this section and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
e) If ADMINISTRATOR should subcontract all or any portion of the services
to be performed under this Agreement, ADMINISTRATOR shall cause each subcontractor to
also comply with the requirements of this Section 13.
14. Independent Contractor.
a) In the furnishing of the services provided for herein, ADMINISTRATOR is
acting solely as an independent contractor. Neither ADMINISTRATOR, 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 ADMINISTRATOR shall perform its work and functions.
However, the City shall retain the right to administer this Agreement so as to verify that
ADMINISTRATOR is performing its obligations in accordance with the terms and conditions
thereof.
b) This Agreement does not evidence a partnership or joint venture between
ADMINISTRATOR and the City. ADMINISTRATOR shall have no authority to bind the City
absent the City's express written consent. Except to the extent otherwise provided in this
Agreement, ADMINISTRATOR shall bear its own costs and expenses in pursuit thereof.
c) Because of its status as an independent contractor, ADMINISTRATOR
and its officers, agents, and employees shall have absolutely no right to employment rights and
benefits available to City employees. ADMINISTRATOR 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, ADMINISTRATOR shall be
solely responsible, indemnify, defend and save the City harmless from all matters relating to
employment and tax withholding for and payment of ADMINISTRATOR’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’s 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, ADMINISTRATOR
may be providing services to others unrelated to the City or to this Agreement.
15. 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.
16. Binding. Once this Agreement is signed by all parties, it shall be binding upon,
and shall inure to the benefit of, all parties, and each parties' respective heirs, successors,
assigns, transferees, agents, servants, employees, and representatives.
17. Assignment.
a) This Agreement is personal to ADMINISTRATOR and there shall be no
assignment by ADMINISTRATOR of its rights or obligations under this Agreement without the
prior written approval of the City Manager or designee. Any attempted assignment by
ADMINISTRATOR, its successors or assigns, shall be null and void unless approved in writing
by the City Manager or designee.
b) ADMINISTRATOR hereby agrees not to assign the payment of any
monies due ADMINISTRATOR 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 ADMINISTRATOR directly to the ADMINISTRATOR.
18. Compliance With Law. In providing the services required under this Agreement,
ADMINISTRATOR 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 all other 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. In addition, GRANTOR
elects to receive funds from the Secretary under ARPA and will use the funds in a manner
consistent with such section.
19. 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.
20. 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.
21. 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.
22. 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.
23. 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.
24. 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.
25. Exhibits. Each exhibit and attachment referenced in this Agreement is, by the
reference, incorporated into and made a part of this Agreement.
26. 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.
27. ALTERATION OF TERMS: No alterations or variations of the terms of this Contract
shall be valid unless made in writing and signed by both parties.
28. 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.
29. 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.
30. 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.
31. 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.
32. 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 ADMINISTRATOR.
SIGNATURES FOLLOW ON NEXT PAGE]
IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno,
California, on the day and year first above written.
CITY OF FRESNO,
a California municipal corporation
By:
Georgeanne A. White Date
City Manager, City of Fresno
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By:
Angela M. Karst Date
Deputy City Attorney
ATTEST:
TODD STERMER, CMC
City Clerk
By:
Deputy Date
Fresno Area Hispanic Foundation,
a California nonprofit corporation
By:
Name:
Title:
If corporation or LLC., Board Chair,
Pres. or Vice Pres.)
By:
Name:
Title:
If corporation or LLC., CFO,
Treasurer, Secretary or Assistant
Secretary)
Addresses:
CITY:
City of Fresno
Attention: Kelly Trevino
Economic Development Department
2600 Fresno Street
Fresno, CA 93721
Phone: (559) 621-8426
FAX: (559) 457-1504
Fresno Area Hispanic Foundation
Attention: Yurubi Ramirez
1444 Fulton Street
Fresno, CA 93721
Phone: (559) 222-8705
Attachments:
1. Exhibit A - Scope of Work, Budget and Metrics
2. Exhibit B - Map of Qualified Area
3. Exhibit C - Insurance Requirements
4. Exhibit D - Conflict of Interest Disclosure Form
EXHIBIT A
SCOPE OF WORK, BUDGET AND METRICS
EXECUTIVE SUMMARY
The City of Fresno ARPA Grant Program (Program) provides a total of $1,500,000 for façade
improvements of buildings and eligible commercial businesses located in the City of Fresno
who have been disproportionately impacted by the COVID-19 Pandemic. The Program is
designed to fund physical improvements to commercial buildings or business facades visible
from public rights-of-way. The intent is to strengthen the economic vitality of Fresno by
improving the exterior physical appearances of qualified businesses. The appearance of
individual business storefronts is believed to have a significant influence on economic success.
By improving their physical appearance, businesses will have a much greater potential for
attracting and retaining customers.
Funding of individual façade improvement projects will be provided for project costs that meet
specific criteria. The program provides for funding to an approved applicant of 100% of the
costs actually paid for certain façade improvements identified in the program with a maximum
reimbursement of up to $25,000 for single storefront properties and up to $50,000 for properties
with multiple storefronts. Only exterior renovations of existing businesses qualify. New
construction is NOT eligible under the Program.
GOALS AND OBJECTIVES
It is anticipated that the Program will provide 25 – 50 façade grants. This is dependent on the
number and type of qualified applications that are received and selected for funding.
BUDGET:
Façade Improvement Grants to Qualified
Businesses
1,245,000
Grant Management and Administration
Marketing
Overhead
Staffing
Other grant management costs
120,000
Technical Assistance
Application assistance
Consultations
Project Management
60,000
Outreach $75,000*
TOTAL $1,500,000
The Outreach funding shall be used to subcontract with partner agencies to provide a more
effective and targeted outreach program throughout the grant eligible areas. FAHF will give
highest priority to other proposers/respondents to this RFP.
PROGRAM QUALIFICATIONS AND CRITERIA:
Existing Properties
with Single Storefront
Maximum Reimbursement: $25,000
Existing Properties
with Multiple
Storefronts
Maximum Reimbursement: $50,000
Other Criteria 1) Applicant must be physically located and operating in
the City of Fresno in an area designated as being
disproportionately impacted by the COVID-19
Pandemic (see map attached – Exhibit B)
2) Only EXTERIOR façade renovations of EXISTING
businesses are eligible,
3) All historic properties must comply with the Secretary
of the Interior Standards for the Rehabilitation of
Historic Structures and receive approval from the City
of Fresno Historic Preservation Commission.
4) All work must be performed by a verified licensed
contractor with a valid City of Fresno Business Tax
Certificate.
5) Not a Chain – Businesses receiving façade grant
improvements must not be part of a larger or national
chain operation.
6) Businesses receiving façade grant improvements must
meet Small Business Criteria as defined in 15 U.S.C.
632 – meaning a business is independently owned and
operated and is not dominate in its field of operation.
7) Workforce – Businesses must have 25 or fewer
employees.
Other Eligibility
Requirements
1. Applicant must meet the designation of a business that
is designated as “Disproportionately Impacted by the
COVID-19 Pandemic per the U.S. Treasury as outlined
in the Assistance to Small Business section of the
Coronavirus State and Local Fiscal Recovery Funds
SLFRF) Final Rule.
https://home.treasury.gov/system/files/136/SLFRF-
Final-Rule.pdf ) See also SLRF Final Rule Overview
https://home.treasury.gov.system/files/136/SLFRF-
Final-Rule-Overview.pdf). Note: Please see map
attached showing qualified area (Exhibit B)
2. Priority may be given to businesses operating in
Chinatown, downtown and the Bus Rapid Transit
BRT)/Transit Oriented Development (TOD) corridor
areas along Blackstone and Kings Canyon.
3. If a tenant business owner is applying, a signed letter
from the building owner approving the project must be
submitted.
4. Proof of appropriate insurance for contractor must be
provided.
5. Application must be completed with all proper
documentation and required attachments before work
can begin.
6. Business that are owned (in whole or part) by City of
Fresno Staff, Councilmembers, Fresno Area Hispanic
Foundation Staff or their spouses or domestic partners
are NOT eligible.
TIMELINE
The program timeline will be implemented as follows:
Months 1 - 2
1. FAHF will design the application and all marketing material. They will work with
community partners to develop material in the necessary languages including English,
Spanish, Hmong and Punjabi. All material will be approved by City of Fresno Staff before
it is distributed publicly.
2. FAHF will develop a database for the enrollment and tracking of applicants/businesses
that participate in the program.
3. A landing page within the FAHF website will be developed to provide additional
information and allow potential participants to enroll directly online.
4. Once finalized/approved, marketing of the Program via multiple media outlets including
television, radio, printed media ads and direct door-to-door outreach will begin and will
continue until December 31, 2024, or all funding is allocated, whichever comes first.
5. Workshops and information sessions will be scheduled at various locations throughout
Fresno’s business corridors to promote the program and answer questions.
Month 3 – program end
1. Applications and documentation will be received and assessed based on the eligibility
qualifications above. FAHF must ensure that applications deemed qualified comply with
the ARPA guidelines before proceeding with a grant.
2. FAHF Staff will track all applicants/applications.
3. Once approved, a portion of the grant amount (up to $12,500) will be provided up front
to the qualified business.
4. Once the project is completed, and proof of all work and costs is submitted, the
remainder of the funding (up to $25,000 for single storefronts and $50,000 for multiple
storefronts) will be provided to the applicant.
Marketing and technical assistance may be subcontracted to partner organizations as needed
in an effort to effectively market to and assist qualified businesses in Fresno.
PROJECT REPORTING AND METRICS
1. FAHF will keep track of the following program metrics and will provide the City of Fresno
with reports as needed showing, at a minimum, the following: Number of small
businesses reached;
2. Number of applications received and status of each
3. Names and relevant information (address, ownership info, Council District and
demographic information) for each business that submits an application (funded AND
not-funded)
4. Detailed information on businesses that have been awarded including reimbursements
received/due, work done or planned, before and after photos, demographic information,
address, ownership info, Council District…etc.
5. Number of applicants/businesses that accessed loan funds from FAHF to cover
additional costs of façade improvements.
6. Number of one-on-one consultation hours provided.
7. Number of businesses that received technical assistance.
8. Information on outreach methods used.
9. Industries of businesses awarded.
10. Number of applicants/businesses that have received reimbursements from the City of
Fresno and corresponding dollar amounts/amounts due.
11. Status of applicants’/businesses’ façade improvement projects.
12. Any other information deemed necessary by the City of Fresno.
FAHF will track the processes within their management system and provide monthly updates
to staff.
Quarterly Reports – will be required on the dates listed below and will include required
narrative, program metrics and expenses to date. A quarterly reporting template will be
provided. Quarterly reporting will be required if project is operational during the performance
period.
Annual Reports – will be required on the dates below and are not dependent on when your
project started. An annual reporting template will be provided. Annual reporting will be required
if project is operational during the performance period.
Performance Period Quarterly Report Due
Grant Execution – 3/31/2023 4/14/2023
4/1/2023 – 6/30/2023 7/14/2023
7/1/2023 – 9/30/2023 10/13/2023
10/1/2023 – 12/31/2023 1/12/2024
1/1/2024 – 3/31/2024 4/12/2024
4/1/2024 – 6/30/2024 7/12/2024
7/1/2024 – 9/30/2024 10/11/2024
10/1/2024 – 12/31/2024 1/10/2025
Performance Period Annual Report Due
Grant Execution – 6/30/2023 7/14/2023
7/1/2023 – 6/30/2024 7/12/2024
7/1/2024 – 6/30/2025 7/11/2025
In order to disburse additional funding, an audit will be done to show the progress of the
program.
ALL FUNDING MUST BE ALLOCATED BY 12/31/2024 and EXPENDED by 6/30/2025.
EXHIBIT B
Map of Qualified Area
EXHIBIT C
INSURANCE REQUIREMENTS
a) Throughout the life of this Agreement, ADMINISTRATOR shall pay for and
maintain in full force and effect all insurance as required herein 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 his/her sole
discretion. If the ADMINISTRATOR is self-insured, the following requirements will outline the
responsibility of the self-insured coverage. The required policies of insurance as stated herein
shall maintain limits of liability of not less than those amounts stated therein. However, the
insurance limits available to CITY and STATE and each of their 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,
ADMINISTRATOR fails to maintain any required insurance in full force and effect, all services
and work under this Agreement shall be discontinued immediately, and all payments due or
that become due to ADMINISTRATOR shall be withheld until notice is received by CITY that
the required insurance has been restored to full force and effect and that the premiums
therefore have been paid for a period satisfactory to CITY. Any failure to maintain the required
insurance shall be sufficient cause for CITY to terminate this Agreement. No action taken by
CITY pursuant to this section shall in any way relieve ADMINISTRATOR 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 ADMINISTRATOR shall not be deemed to
release or diminish the liability of ADMINISTRATOR, including, without limitation, liability under
the indemnity provisions of this Agreement. The duty to indemnify CITY and STATE by
ADMINISTRATOR 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 ADMINISTRATOR. Approval or purchase of any insurance
contracts or policies shall in no way relieve from liability nor limit the liability of
ADMINISTRATOR, vendors, suppliers, invitees, consultants, medical professionals,
subcontractors, consultants, or anyone employed directly or indirectly by any of them.
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).
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
ADMINISTRATOR’S profession.
MINIMUM LIMITS OF INSURANCE
ADMINISTRATOR shall procure and maintain for the duration of the contract insurance with
limits of liability not less than those set forth below. However, insurance limits available to CITY
and STATE and each of their officers, officials, employees, agents and volunteers as additional
insureds, shall be the greater of the minimum limits specified herein or the full limit of any
insurance proceeds available to the named insured:
1.COMMERCIAL GENERAL LIABILITY:
i) $1,000,000 per occurrence for bodily injury and property damage;
ii) $1,000,000 per occurrence for personal and advertising injury;
iii) $2,000,000 aggregate for products and completed operations; and,
iv) $2,000,000 general aggregate applying separately to the work performed
under the Agreement.
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.PROFESSIONAL LIABILITY:
i) $1,000,000 per claim/occurrence; and,
ii) $2,000,000 policy aggregate.
UMBRELLA OR EXCESS INSURANCE
In the event ADMINISTRATOR 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 and STATE and each of their officers, officials, employees, agents and volunteers.
DEDUCTIBLES AND SELF-INSURED RETENTIONS
ADMINISTRATOR shall be responsible for payment of any deductibles contained in any
insurance policy(ies) required herein and ADMINISTRATOR shall also be responsible for
payment of any self-insured retentions. Any 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 self-insured retentions as respects
CITY and STATE or any of their officers, officials, employees, agents and
volunteers; or
ii) ADMINISTRATOR shall provide a financial guarantee, satisfactory to CITY’S
Risk Manager or designee, guaranteeing payment of losses and related
investigations, claim administration and defense expenses. At no time shall CITY
be responsible for the payment of any deductibles or self-insured retentions.
OTHER INSURANCE PROVISIONS/ENDORSEMENTS
i)All policies of insurance required herein shall be endorsed to provide that the
coverage shall not be cancelled, non-renewed, reduced in coverage or in limits
except after thirty calendar days’ written notice has been given to CITY, except
ten days for nonpayment of premium. ADMINISTRATOR 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, ADMINISTRATOR 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,
ADMINISTRATOR 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.
ii) The Commercial General and Automobile Liability insurance policies shall be
written on an occurrence form.
iii) The Commercial General and Automobile Liability insurance policies shall be
endorsed to name CITY and STATE and each of their officers, officials, agents,
employees and volunteers as an additional insured. ADMINISTRATOR shall
establish additional insured status for the CITY and STATE for all ongoing and
completed operations under the Commercial General Liability policy by use of
ISO Forms or an executed manuscript insurance company endorsements
providing additional insured status. The Commercial General endorsements
must be as broad as that contained in ISO Forms: GC 20 10 11 85 or both CG
20 10 & CG 20 37.
iv) The Commercial General and Automobile Liability insurance shall contain, or be
endorsed to contain, that the ADMINISTRATOR’S insurance shall be primary to
and require no contribution from the CITY or STATE. The Commercial General
Liability policy is required to include primary and non-contributory coverage in
favor of the CITY and STATE for both the ongoing and completed operations
coverage. These coverages shall contain no special limitations on the scope of
protection afforded to CITY and STATE and each of their officers, officials,
employees, agents and volunteers. If ADMINISTRATOR maintains higher limits
of liability than the minimums shown above, CITY and STATE requires and shall
be entitled to coverage for the higher limits of liability maintained by
ADMINISTRATOR.
v) Should any of these policies provide that the defense costs are paid within the
Limits of Liability, thereby reducing the available limits by defense costs, then the
requirement for the Limits of Liability of these polices will be twice the above
stated limits.
vi) For any claims related to this Agreement, ADMINISTRATOR’S insurance
coverage shall be primary insurance with respect to the CITY and STATE and
each of their officers, officials, agents, employees and volunteers. Any insurance
or self-insurance maintained by the CITY and STATE and each of their officers,
officials, agents, employees and volunteers shall be excess of the
ADMINISTRATOR’S insurance and shall not contribute with it.
vii) The Workers’ Compensation insurance policy shall contain, or be endorsed to
contain, a waiver of subrogation as to CITY and STATE and each of their officers,
officials, agents, employees and volunteers.
viii) The Commercial General and Automobile Liability insurance policies shall
contain, or be endorsed to contain, a waiver of subrogation as to CITY and
STATE and each of their officers, officials, agents, employees and volunteers.
If the Professional Liability (Abuse & Molestation) 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 ADMINISTRATOR.
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 ADMINISTRATOR,
ADMINISTRATOR must purchase “extended reporting” coverage for a minimum
of five (5) 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.
PROVIDING OF DOCUMENTS - ADMINISTRATOR shall furnish CITY with all
certificate(s) and applicable endorsements effecting coverage required herein. All
certificates and applicable endorsements are to be received by CITY’s Risk
Manager within a reasonable time after execution of this agreement. All non-ISO
endorsements amending policy coverage shall be executed by a licensed and
authorized agent or broker. Upon request of CITY, ADMINISTRATOR 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. All subcontractors working under the direction of
ADMINISTRATOR shall also be required to provide all documents noted herein.
SUBCONTRACTORS - If ADMINISTRATOR subcontracts any or all of the services to
be performed under this Agreement, ADMINISTRATOR shall be solely responsible for
ensuring that its subcontractors maintain insurance coverage at levels no less than
those required by applicable law and is customary in the relevant industry and shall
indemnify CITY and STATE if failure to comply with this provision results in damages to
the CITY or the ADMINISTRATOR.
EXHIBIT D
DISCLOSURE OF CONFLICT OF INTEREST
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)
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-241 Agenda Date:2/9/2023 Agenda #:
1.-H.
REPORT TO THE CITY COUNCIL
FROM:GEORGEANNE A. WHITE, City Manager
City Manager’s Office
BY:LANCE LIPPINCOTT, Director
Economic Development Department
SUBJECT
Actions pertaining to the agreement with the Economic Development Corporation serving Fresno
County (EDC) to assist in implementing and administering local economic development business
attraction, expansion and retention activities:
1. Affirm the City Manager's finding that EDC is uniquely qualified and the sole source provider of
these services; and
2. Approve a Consultant Services Agreement with the EDC for a period of one (1) year in the
amount of $150,000; and
3. Authorize the City Manager, or their designee, the authority to execute the contract and grant
up to two (2) optional one-year extensions.
RECOMMENDATION
Staff recommends Council accept the Uniquely Qualified Finding/Sole Source Justification for the
Economic Development Corporation serving Fresno County (EDC), approve the agreement with the
EDC for $150,000 to administer economic development business attraction, expansion and retention
activities and services for a period of one (1) year and give the City Manager, or their designee, the
authority to grant up to two (2) optional one-year extensions.
EXECUTIVE SUMMARY
The City of Fresno understands that marketing competitive economic development services
requires a collaborative partnership of local economic development entities to gain market visibility
and, ultimately, to create jobs. The EDC has established itself as an integral part of that
partnership. The City of Fresno has historically maintained a contract with the EDC to provide
economic development services within the City’s jurisdiction as well as the larger regional/national
economy. The City desires to allocate funds once again for FY 2023 to continue these services in
an effort to create ongoing employment opportunities for residents.
This agreement would be for a term of one (1) year and would include two (2) optional one-year
extensions.
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Approved as Amended
File #:ID 23-241 Agenda Date:2/9/2023 Agenda #:
1.-H.
BACKGROUND
In past years, the EDC has assisted in promoting the City of Fresno, as well as the 14 other cities in
Fresno County, and Fresno County as a whole to site selectors, brokers, investors and business
owners through missions, tradeshows, site tours and by responding to requests for information. In
Fiscal Year 2023, the EDC is committed to being an ongoing connection for companies looking to
relocate or expand in the City of Fresno. The EDC is also helpful in marketing local, state and
federal incentives.
In Fiscal Year 2022, the EDC received a total of 70 site selection leads from companies seeking to
expand or relocate in the near future. The EDC provided each client with information about the City
of Fresno and Fresno County, including real estate, workforce and quality of life information. At this
time, the EDC is currently working with clients who are actively searching in Fresno County. Each
client is followed until the file becomes a success, a loss or is considered dead.
The EDC promotes the City of Fresno and Fresno County to brokers and site selectors via its
website, mailers, tradeshows, missions and newsletters. Annually, the EDC participates in
approximately 10 -15 tradeshows and missions, including those in partnership with the Central
California Valley Economic Development Corporation and other entities. In Fiscal Year 2023 the goal
is to continue to promote the City of Fresno as the ideal location to do business.
The EDC has continued to provide services to the City of Fresno in accordance with the prior
contract provisions, despite that contract ending several months prior. The services provided include
informal communication for projects, maintenance of regular meetings, continued marketing of the
local area for economic opportunities, and maintenance of prior existing projects to the benefit of the
City of Fresno.
ENVIRONMENTAL FINDINGS
This item is not a project as defined by the California Environmental Quality Act.
LOCAL PREFERENCE
The EDC is a local business.
FISCAL IMPACT
Funding for this agreement is included in the Economic Development Department Fiscal Year 2023
budget.
Attachments:
Uniquely Qualified Finding/Sole Source Justification Memo
Agreement
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SERVICE AGREEMENT
CITY OF FRESNO, CALIFORNIA
THIS AGREEMENT is made and entered into, effective on ______________________,
by and between the CITY OF FRESNO, a California municipal corporation (CITY), and
ECONOMIC DEVELOPMENT CORPORATION SERVING FRESNO COUNTY (EDC), a
California nonprofit corporation (Service Provider).
RECITALS
WHEREAS, CITY desires to obtain business attraction, promotion, expansion and
retention services for economic development (Project); and
WHEREAS, the CITY recognizes the importance of a balanced and diversified economy
as one of its most important priorities for ensuring the future well-being of the citizens of
Fresno; and
WHEREAS, the CITY recognizes that market competitive economic development
services require a collaborative partnership of local economic development agencies to
gain market visibility, and ultimately, to create jobs; and
WHEREAS, the CITY and EDC agree to exchange ideas and information to ensure
continuity, clarity and cost-effective services for existing and prospective employers in
Fresno; and
WHEREAS, the EDC continues to maintain regional, national, and international marketing
and promotional efforts to attract the location and expansion of businesses and industries
in all of the communities within Fresno County, while also providing technical assistance
to its member agencies; and
WHEREAS, the CITY desires to secure such services, and allocates funds to the EDC
for the purpose of implementing and administering certain local economic development
activities such as advocacy, marketing and promotion and technical support for the CITY
through the EDC in business attraction, expansion and retention goals to create on going
employment opportunities for residents; and
WHEREAS, the EDC recognizes that the generation of leads, qualifying those leads, and
facilitating site visits of qualified prospects are important steps in a successful job creation
program; and
WHEREAS, the EDC has the organization, facilities, and expertise to carry out such
economic development services as both an individual contributor and a team member, in
accordance with the purpose of this Agreement; and
WHEREAS, Service Provider acknowledges that this Agreement is subject to the
requirements of Fresno Municipal Code Section 4-107 and is uniquely qualified to execute
this Agreement based on experience and expertise in performing similar services on
behalf of the CITY previously; and
WHEREAS, this Agreement will be administered for City by its Economic Development
Director (Administrator) or designee.
AGREEMENT
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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 to the satisfaction of City the
services described in Exhibit A, including all work incidental to, or necessary to
perform, such services even though not specifically described in Exhibit A.
2. Term of Agreement and Time for Performance. This Agreement shall be effective
from the date first set forth above (Effective Date) and shall continue in full force
and effect through June 30, 2023, subject to any earlier termination in accordance
with this Agreement. Upon agreement by all parties, the City Manager, or their
designee, is authorized to grant up to two (2) optional one-year extensions. The
services of Service Provider as described in Exhibit A are to commence upon the
Effective Date and shall be completed in a sequence assuring expeditious
completion, but in any event, all such services shall be completed prior to
expiration of this Agreement and in accordance with any performance schedule
set forth in Exhibit A.
3. Compensation.
a) Service Provider’s sole compensation for satisfactory performance of all
services required or rendered pursuant to this Agreement shall be a total
fee not to exceed $175,000, to be paid in four (4) quarterly installments of
43,750. Such fee includes all expenses incurred by Service Provider in
performance of the services.
b) Detailed statements shall be rendered quarterly for services performed in
the preceding quarter and will be payable in the normal course of City
business. 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 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 liability 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.
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b) Immediately upon any termination or expiration of this Agreement, Service
Provider shall (i) immediately stop all work hereunder; (ii) immediately
cause any and all of its subcontractors to cease work; and (iii) return to City
any and all unearned payments and all properties and materials in the
possession of Service Provider that are owned by City. Subject to the terms
of this Agreement, Service Provider shall be paid compensation for services
satisfactorily performed prior 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.
c) In the event of termination due to failure of Service Provider to satisfactorily
perform in accordance with the terms of this Agreement, City may withhold
an amount that would otherwise be payable as an offset to, but not in excess
of, City’s damages caused by such failure. In no event shall any payment
by City pursuant to this Agreement constitute a waiver by City of any breach
of this Agreement which may then exist on the part of Service Provider, nor
shall such payment impair or prejudice any remedy available to City with
respect to the breach.
d) Upon any breach of this Agreement by Service Provider, City may (i)
exercise any right, remedy (in contract, law or equity), or privilege which
may be available to it under applicable laws of the State of California or any
other applicable law; (ii) proceed by appropriate court action to enforce the
terms of the Agreement; and/or (iii) recover all direct, indirect,
consequential, economic and incidental damages for the breach of the
Agreement. If it is determined that City improperly terminated this
Agreement for default, such termination shall be deemed a termination for
convenience.
e) Service Provider shall provide City with adequate written assurances of
future performance, upon Administrator’s request, in the event Service
Provider fails to comply with any terms or conditions of this Agreement.
f) Service Provider shall be liable for default unless nonperformance is caused
by an occurrence beyond the reasonable control of Service Provider and
without its fault or negligence such as, acts of God or the public enemy, acts
of City in its contractual capacity, fires, floods, epidemics, quarantine
restrictions, strikes, unusually severe weather, and delays of common
carriers. Service Provider shall notify Administrator in writing as soon as it
is reasonably possible after the commencement of any excusable delay,
setting forth the full particulars in connection therewith, and shall remedy
such occurrence with all reasonable dispatch, and shall promptly give
written notice to Administrator of the cessation of such occurrence.
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
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City, disclose to anyone any Confidential Information. The term Confidential
Information for the purposes of this Agreement shall include all proprietary
and confidential information of City, including but not limited to business
plans, marketing plans, financial information, materials, compilations,
documents, instruments, models, source or object codes and other
information disclosed or submitted, orally, in writing, or by any other medium
or media. All Confidential Information shall be and remain confidential and
proprietary in City.
b) Any and all writings and documents prepared or provided by Service
Provider pursuant to this Agreement are the property of City at the time of
preparation and shall be turned over to City upon expiration or termination
of the Agreement. Service Provider shall not permit the reproduction or use
thereof by any other person except as otherwise expressly provided herein.
c) 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) 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.
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, agents, and volunteers from any and all loss, liability, fines, penalties,
forfeitures, costs and damages (whether in contract, tort or strict liability, including
but not limited to personal injury, death at any time and property damage), and
from any and all claims, demands and actions in law or equity (including
reasonable attorney's fees and litigation expenses) that arise out of, pertain to, or
relate to the negligence, recklessness or willful misconduct of Service Provider, its
principals, officers, employees, agents, or volunteers in the performance of this
Agreement.
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, agents, and volunteers in accordance with the terms of the
preceding paragraph.
This section shall survive termination or expiration of this Agreement.
8. Insurance.
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a) Throughout the life of this Agreement, Service Provider shall pay for and
maintain in full force and effect all insurance as required in Exhibit B, which
is incorporated into and part of this Agreement, with an insurance
company(ies) either (i) admitted by the California Insurance Commissioner
to do business in the State of California and rated no less than “A-VII” in the
Best’s Insurance Rating Guide, or (ii) as may be authorized in writing by
City’s Risk Manager or designee at any time and in its sole discretion. The
required policies of insurance as stated in Exhibit B shall maintain limits of
liability of not less than those amounts stated therein. However, the
insurance limits available to City, its officers, officials, employees, agents,
and volunteers as additional insureds, shall be the greater of the minimum
limits specified therein or the full limit of any insurance proceeds to the
named insured.
b) If at any time during the life of the Agreement or any extension, Service
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 sufficient cause for City
to terminate this Agreement. No action taken by City pursuant to this
section shall in any way relieve Service Provider of its responsibilities under
this Agreement. The phrase “fail to maintain any required insurance” shall
include, without limitation, notification received by City that an insurer has
commenced proceedings, or has had proceedings commenced against it,
indicating that the insurer is insolvent.
c) The fact that insurance is obtained by Service Provider shall not be deemed
to release or diminish the liability of Service Provider, including, without
limitation, liability under the indemnity provisions of this Agreement. The
duty to indemnify City shall apply to all claims and liability regardless of
whether any insurance policies are applicable. The policy limits do not act
as a limitation upon the amount of indemnification to be provided by Service
Provider. Approval or purchase of any insurance contracts or policies shall
in no way relieve from liability nor limit the liability of Service Provider, its
principals, officers, agents, employees, or persons under the supervision of
Service Provider, vendors, suppliers, invitees, consultants, sub-consultants,
subcontractors, or anyone employed directly or indirectly by any of them.
d) Upon request of City, Service Provider shall immediately furnish City with a
complete copy of any insurance policy required under this Agreement,
including all endorsements, with said copy certified by the underwriter to be
a true and correct copy of the original policy. This requirement shall survive
expiration or termination of this Agreement.
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
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6
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 Service Provider and City prior to the commencement of any services
by the subcontractor. Service Provider and any subcontractor/sub-
consultant shall establish additional insured status for City, its officers,
officials, employees, agents, and volunteers by using Insurance Service
Office (ISO) Form CG 20 10 11 85 or both CG 20 10 10 01 and CG
20 37 10 01 or by an executed manuscript company endorsement providing
additional insured status as broad as that contained in ISO Form CG
20 10 11 85.
9. Conflict of Interest and Non-Solicitation.
a) Prior to City’s execution of this Agreement, Service Provider shall complete
a City of Fresno conflict of interest disclosure statement in the form as set
forth in Exhibit C. During the term of this Agreement, Service Provider shall
have the obligation and duty to immediately notify City in writing of any
change to the information provided by Service Provider in such statement.
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 Section 1090 et. seq., the California Political
Reform Act (California Government Code Section 87100 et. seq.) and the
regulations of the Fair Political Practices Commission concerning disclosure
and disqualification (2 California Code of Regulations Section 18700 et.
seq.). At any time, upon written request of City, Service Provider shall
provide a written opinion of its legal counsel 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
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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.
f) If Service Provider should subcontract all or any portion of the work to be
performed or services to be provided under this Agreement, Service
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:
a) Immediately establish and maintain a viable and ongoing recycling
program, approved by City’s Solid Waste Management Division, for each
office and facility. Literature describing City recycling programs is available
from City’s Solid Waste Management Division and by calling City of Fresno
Recycling Hotline at (559) 621-1111.
b) Immediately contact City’s Solid Waste Management Division at (559) 621-
1452 and schedule a free waste audit and cooperate with such Division in
their conduct of the audit for each office and facility.
c) Cooperate with and demonstrate to the satisfaction of City’s Solid Waste
Management Division the establishment of the recycling program in
paragraph (i) above and the ongoing maintenance thereof.
11. General Terms.
a) Except as otherwise provided by law, all notices expressly required of City
within the body of this Agreement, and not otherwise specifically provided
for, shall be effective only if signed by the 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 during regular business
hours throughout the life of this Agreement and for a period of three years
after final payment or, if longer, for any period required by law. In addition,
all books, documents, papers, and records of Service Provider pertaining to
the Project shall be available for the purpose of making audits,
examinations, excerpts, and transcriptions for the same period of time. If
any litigation, claim, negotiations, audit or other action is commenced before
the expiration of said time period, all records shall be retained and made
available to City until such action is resolved, or until the end of said time
period whichever shall later occur. 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.
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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, physical disability, mental disability,
medical condition, marital status, sex, age, sexual orientation, ethnicity, status as
a disabled veteran or veteran of the Vietnam era. Subject to the foregoing and
during the performance of this Agreement, Service Provider agrees as follows:
a) Service Provider will comply with all applicable laws and regulations
providing that no person shall, on the grounds of race, religious creed, color,
national origin, ancestry, physical disability, mental disability, medical
condition, marital status, sex, age, sexual orientation, ethnicity, status as a
disabled veteran or veteran of the Vietnam era be excluded from
participation in, be denied the benefits of, or be subject to discrimination
under any program or activity made possible by or resulting from this
Agreement.
b) Service Provider will not discriminate against any employee or applicant for
employment because of race, religious creed, color, national origin,
ancestry, physical disability, mental disability, medical condition, marital
status, sex, age, sexual orientation, ethnicity, status as a disabled veteran
or veteran of the Vietnam era. Service Provider shall ensure that applicants
are employed, and the employees are treated during employment, without
regard to their race, religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, marital status, sex, age,
sexual orientation, ethnicity, status as a disabled veteran or veteran of the
Vietnam era. Such requirement shall apply to Service Provider’s
employment practices including, but not be limited to, the following:
employment, upgrading, demotion or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. Service
Provider agrees to post in conspicuous places, available to employees and
applicants for employment, notices setting forth the provision of this
nondiscrimination clause.
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,
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9
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 also 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 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.
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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 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 Service 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 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.
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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 this Agreement in its final form is the
result of the combined efforts of the parties and, should any provision of this
Agreement be found to be ambiguous in any way, such ambiguity shall not be
resolved by construing this Agreement in favor of or against either party, but rather
by construing the terms in accordance with their generally accepted meaning.
23. Attorney's Fees. If either party is required to commence any proceeding or legal
action to enforce or interpret any term, covenant or condition of this Agreement,
the prevailing party in such proceeding or action shall be entitled to recover from
the other party its reasonable attorney's fees and legal expenses.
24. Exhibits. Each exhibit and attachment referenced in this Agreement is, by the
reference, incorporated into and made a part of this Agreement.
25. Precedence of Documents. In the event of any conflict between the body of this
Agreement and any exhibit or attachment hereto, the terms and conditions of the
body of this Agreement shall control and take precedence over the terms and
conditions expressed within the exhibit or attachment. Furthermore, any terms or
conditions contained within any exhibit or attachment hereto which purport to
modify the allocation of risk between the parties, provided for within the body of
this Agreement, shall be null and void.
26. Cumulative Remedies. No remedy or election hereunder shall be deemed
exclusive but shall, wherever possible, be cumulative with all other remedies at
law or in equity.
27. No Third Party Beneficiaries. The rights, interests, duties, and obligations defined
within this Agreement are intended for the specific parties hereto as identified in
the preamble of this Agreement. Notwithstanding anything stated to the contrary
in this Agreement, it is not intended that any rights or interests in this Agreement
benefit or flow to the interest of any third parties.
28. Extent of Agreement. Each party acknowledges that they have read and fully
understand the contents of this Agreement. This Agreement represents the entire
and integrated agreement between the parties with respect to the subject matter
hereof and supersedes all prior negotiations, representations or agreements,
either written or oral. This Agreement may be modified only by written instrument
duly authorized and executed by both City and Service Provider.
29. The City Manager, or designee, is hereby authorized and directed to execute and
implement this Agreement. The previous sentence is not intended to delegate any
authority to the City Manager to administer the Agreement, any delegation of
authority must be expressly included in the Agreement.
SIGNATURES FOLLOW ON THE NEXT PAGE.]
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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:
Georgeanne A. White
City Manager, City of Fresno
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By:
Angela M. Karst Date
Deputy City Attorney
ATTEST:
TODD STERMER, CMC
City Clerk
By:
Date
Deputy
Addresses:
CITY:
City of Fresno
Attention: Lance Lippincott, Economic
Development Director
2600 Fresno Street
Fresno, CA 93721
Phone: (559) 621-8350
E-mail: lance.lippincott@fresno.gov
ECONOMIC DEVELOPMENT
CORPORATION SERVING FRESNO
COUNTY,
a California nonprofit corporation
By:
Name:
Title:
If corporation or LLC., Board Chair,
Pres. or Vice Pres.)
By:
Name:
Title:
If corporation or LLC., CFO, Treasurer,
Secretary or Assistant Secretary)
Service Provider:
Economic Development Corporation
Serving Fresno County
Attention: Lee Ann Eager,
President/CEO
1060 Fulton Street
Fresno, CA 93721
Phone: (559) 476-2500
E-mail: leager@fresnoedc.com
Attachments:
1. Exhibit A - Scope of Services
2. Exhibit B - Insurance Requirements
3. Exhibit C - Conflict of Interest Disclosure Form
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Page 1 of 4
EXHIBIT A
SCOPE OF SERVICES
Service Agreement between City of Fresno
and Economic Development Corporation Serving Fresno County
Economic Development Services
1. SERVICES
EDC will perform the following to further the CITY’s Economic Development goals in an
effort to help attract, retain and keep value added companies that provide higher income
jobs that are a good fit for the community:
A. GENERAL SERVICES:
1. Create, with input from the CITY, an ADA compliant economic profile, in
electronic and print format, and update at least once annually; and
2. Maintain current information regarding available commercial and industrial
properties; and
3. Serve as a distribution point for CITY informational materials.
B. BUSINESS ATTRACTION AND PROMOTION: In an effort to assist the
CITY in marketing to businesses and industries not currently located in
Fresno, with the goal of facilitating the attraction of value-added companies
that bring high paying jobs, the EDC shall:
1. Respond to business attraction leads on behalf of the CITY, including all
appropriate State RFP’s; and
2. Provide general and site-specific information to businesses not currently
located in the CITY for purposes of recruiting new businesses and
industries; and
3. Participate in trade shows and other events with, and on behalf of, the
CITY including, but not limited to, IEDC, MD&M West, World Ag Expo and
others as mutually agreed. Should any of these trade shows or events be
attended in cooperation with the entity commonly referred to as the
California Central Valley Economic Development Corporation (CCVEDC)
they shall be counted in fulfilling the requirements of this section; and
4. Assist in marketing identified areas to new businesses; and
5. Upon obtaining written consent from any and all entities requesting a
response, report to the CITY Economic Development Director or designee
through email or other mutually approved medium, any and all inquiries of
businesses, industrial site selectors, and/or commercial site selectors that
have an interest locating in the City of Fresno and/or to which the EDC
responds to with potential sites located within the City jurisdiction or
sphere of influence no more than five (5) business days to prevent
potential duplication of effort. If the EDC knows the name of the business,
then the CITY will know that information as well. If more than five (5) days
Page 2 of 4
have passed when the EDC learns the name of the business, that
information shall be relayed to the CITY; and
In addition to the reporting highlighted in the preceding section, upon
obtaining written consent referenced in B.5, the EDC shall invite the CITY
Economic Development Department (through notification to the Director or
designee) to all site selection or placement processes that could
potentially result in placement of a new business in the City’s jurisdiction
or sphere of influence.
C. BUSINESS EXPANSION AND RETENTION: In an effort to assist the CITY
in retaining and assisting local businesses with their expansion needs, the
EDC shall:
1. Inform the City Economic Development Director (or designee) through
database tracking, email or other mutually agreed medium of
engagements between EDC and City of Fresno businesses regarding
notable expansion and/or retention services to prevent duplication of effort
from either entity within ten business days or at the bi-weekly meetings,
whichever comes first. Notable expansion and/or retention services shall
consist of projects or leads that involve the CITY, such as site selection
requirements, permitting assistance, CITY administered incentives (e.g.,
fee reductions, development incentive agreements and Revolving Loan
Fund financing), or retention services to prevent business closures; and
2. Provide general and, when appropriate, site specific information to
businesses currently located in the CITY for purposes of retaining and/or
assisting with business expansion needs; and
3. Participate in trade shows and other events with, and on behalf of, the
CITY including, but not limited to, Local Food Expo, San Joaquin Valley
Manufacturing Alliance Trade Show and others as mutually agreed; and
Assist in marketing identified areas to current businesses as appropriate.
D. PERFORMANCE & REPORTING: In an effort to quantify results of the
economic development effort and to justify the expenditure of public funds,
the EDC will:
1. Participate in monthly meetings with the CITY’s Economic Development
Director (or designee) and staff. EDC to designate the most responsive
staff to attend these meetings; and
2. Maintain and update a monthly database tracking system of current and
closed projects or leads that involve the CITY and/or CITY locations; and
3. Collaborate and report on all activities carried out in support of the City of
Fresno General Plan, and
4. Report on all outreach activity that includes the CITY/CITY information
including any trade shows or other economic development
conferences/events attended quarterly. Information shall include (when
available):
a. Date
b. Event Name
Page 3 of 4
c. Nature/Purpose of activity
d. Number of businesses spoken to
e. Follow-up
f. Outcomes; and
5. Report on any/all business attraction and promotion inquiries and activity
received or responded to by the EDC that involve the CITY or sites within
the CITY quarterly. Information shall include (when available):
a. Date of initial contact
b. Name of company
c. Industry
d. Contact Name/Info
e. Source of lead
f. Site needs (size, location, rail, etc.)
g. Number of jobs to be created
h. Information on the status and outcome of the inquiry and reason for
any losses; and
6. Report on all business expansion and retention inquiries and activity
received or responded to by the EDC that involves the CITY or sites within
the CITY quarterly. Information shall include (when available):
a. Date of initial contact
b. Name of company
c. Industry
d. Contact Name/Info
e. Source of lead
f. Site needs (size, location, rail, etc.)
g. Number of current/proposed jobs
h. Information on the status and outcome of the inquiry and reason for
any losses
7. All reports, marketing materials, and other items designed under this
contract that are specific to the City of Fresno shall contain co-branding of
both a pre-approved City of Fresno logo, and whichever logo from the
EDC that they deem most appropriate. The intent of this provision is to
recognize the efforts of the EDC on behalf of the City, and to highlight the
partnership between the entities.
Page 4 of 4
QUARTERLY REPORT
OUTREACH ACTIVITY
DATE EVENT NAME NATURE/PURPOSE NUMBER OF
BUSINESSES
CONTACTED
FOLLOW UP OUTCOME(S)
BUSINESS ATTRACTION AND PROMOTION
SITE SELECTION INQUIRIES
DATE OF
INITIAL
CONACT
COMPANY
NAME
INDUSTRY CONTACT
NAME/INFO
SOURCE SITE
NEEDS
NUMBER
OF JOBS
CREATED
STATUS/OUTCOME
IF LOST – WHY?)
BUSINESS RETENTION AND EXPANSION INQUIRIES
DATE OF
INITIAL
CONACT
COMPANY
NAME
INDUSTRY CONTACT
NAME/INFO
SOURCE SITE
NEEDS
NUMBER
OF JOBS
RETAINED/
PROPOSED
STATUS/OUTCOME
IF LOST – WHY?)
ALL-B GSP Agt Total Fee (05-2022)
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EXHIBIT B
INSURANCE REQUIREMENTS
Service Agreement between City of Fresno (City)
and Economic Development Corporation Serving Fresno County (Service
Provider)
Economic Development Services
MINIMUM SCOPE OF INSURANCE
a) Throughout the life of this Agreement, Service Provider shall pay for and maintain
in full force and effect all insurance as required herein 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 herein shall maintain limits of liability of not less than those
amounts stated therein. However, the insurance limits available to City, its officers,
officials, employees, agents, and volunteers as additional insureds, shall be the
greater of the minimum limits specified therein or the full limit of any insurance
proceeds to the named insured.
b) If at any time during the life of the Agreement or any extension, Service Provider
or any of its subcontractor 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 sufficient cause for City to terminate this Agreement. No action taken by City
pursuant to this section shall in any way relieve Service Provider of its
responsibilities under this Agreement. The phrase “fail to maintain any required
insurance” shall include, without limitation, notification received by City that an
insurer has commenced proceedings, or has had proceedings commenced
against it, indicating that the insurer is insolvent.
c) The fact that insurance is obtained by Service Provider shall not be deemed to
release or diminish the liability of Service Provider, including, without limitation,
liability under the indemnity provisions of this Agreement. The duty to indemnify
City shall apply to all claims and liability regardless of whether any insurance
policies are applicable. The policy limits do not act as a limitation upon the amount
of indemnification to be provided by Service Provider. Approval or purchase of
any insurance contracts or policies shall in no way relieve from liability nor limit the
liability of Service Provider, vendors, suppliers, invitees, consultants,
subcontractor or anyone employed directly or indirectly by any of them.
Coverage shall be at least as broad as:
1. The most current version of Insurance Services Office (ISO) Commercial
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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).
3. Workers’ Compensation insurance as required by the State of California
and Employer’s Liability Insurance.
MINIMUM LIMITS OF INSURANCE
Service Provider shall procure and maintain for the duration of the contract, and for 5
years thereafter, insurance with limits of liability not less than those set forth below.
However, insurance limits available to City, its officers, officials, employees, agents, and
volunteers as additional insureds, shall be the greater of the minimum limits specified
herein or the full limit of any insurance proceeds available to the named insured:
1. COMMERCIAL GENERAL LIABILITY
i) $1,000,000 per occurrence for bodily injury and property damage;
ii) $1,000,000 per occurrence for personal and advertising injury;
iii) $2,000,000 aggregate for products and completed operations; and,
iv) $2,000,000 general aggregate applying separately to the work
performed under the Agreement.
2. COMMERCIAL AUTOMOBILE LIABILITY
1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation Insurance as required by the State of California with
statutory limits and EMPLOYER’S LIABILITY with limits of liability not less than:
i) $1,000,000 each accident for bodily injury;
ii) $1,000,000 disease each employee; and,
iii) $1,000,000 disease policy limit.
UMBRELLA OR EXCESS INSURANCE
In the event Service Provider purchases an Umbrella or Excess insurance policy(ies) to
meet the “Minimum Limits of Insurance,” this insurance policy(ies) shall “follow form” and
afford no less coverage than the primary insurance policy(ies). In addition, such Umbrella
ALL-B GSP Agt Total Fee (05-2022)
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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 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 self-insured retentions as
respects City, its officers, officials, employees, agents, and volunteers; or
ii) Service Provider shall provide a financial guarantee, satisfactory to City’s
Risk Manager or designee, guaranteeing payment of losses and related
investigations, claim administration and defense expenses. At no time shall
City be responsible for the payment of any deductibles or self-insured
retentions.
OTHER INSURANCE PROVISIONS/ENDORSEMENTS
i) All policies of insurance required herein shall be endorsed to provide that
the coverage shall not be cancelled, non-renewed, reduced in coverage or
in limits except after thirty (30) calendar days written notice has been given
to City, except ten (10) days for nonpayment of premium. Service Provider
is also responsible for providing written notice to the City under the same
terms and conditions. Upon issuance by the insurer, broker, or agent of a
notice of cancellation, non-renewal, or reduction in coverage or in limits,
Service Provider shall furnish City with a new certificate and applicable
endorsements for such policy(ies). In the event any policy is due to expire
during the work to be performed for City, Service Provider shall provide a
new certificate, and applicable endorsements, evidencing renewal of such
policy not less than fifteen (15) calendar days prior to the expiration date of
the expiring policy.
ii) The Commercial General and Automobile Liability insurance policies shall
be written on an occurrence form.
iii) The Commercial General and Automobile Liability insurance policies shall
be endorsed to name City, its officers, officials, agents, employees, and
volunteers as an additional insured. Service Provider shall establish
additional insured status for the City and for all ongoing and completed
operations under the Commercial General policy by use of ISO Forms or an
executed manuscript insurance company endorsement providing additional
insured status. The Commercial General endorsements must be as broad
as that contained in ISO Forms: GC 20 10 11 85 or both CG 20 10 & CG 20
37.
iv) The Commercial General and Automobile Liability insurance shall contain,
or be endorsed to contain, that the Service ProviderS’ insurance shall be
primary to and require no contribution from the City. The Commercial
ALL-B GSP Agt Total Fee (05-2022)
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General policy is required to include primary and non-contributory coverage
in favor of the City for both the ongoing and completed operations coverage.
These coverages shall contain no special limitations on the scope of
protection afforded to City, its officers, officials, employees, agents, and
volunteers. If Service Provider maintains higher limits of liability than the
minimums shown above, City requires and shall be entitled to coverage for
the higher limits of liability maintained by Service Provider.
v) Should any of these policies provide that the defense costs are paid within
the Limits of Liability, thereby reducing the available limits by defense costs,
then the requirement for the Limits of Liability of these polices will be twice
the above stated limits.
vi) For any claims related to this Agreement, Service Provider’s insurance
coverage shall be primary insurance with respect to the City, its officers,
officials, agents, and volunteers. Any insurance or self-insurance
maintained by the City, its officers, officials, agents, employees, and
volunteers shall be excess of the Service Provider’s insurance and shall not
contribute with it.
vii) The Commercial General Liability, Automobile Liability and Workers’
Compensation insurance policies shall contain, or be endorsed to contain,
a waiver of subrogation as to City, its officers, officials, agents, employees,
and volunteers.
PROVIDING OF DOCUMENTS - Service Provider shall furnish City with all certificate(s)
and applicable endorsements effecting coverage required herein All certificates and
applicable endorsements are to be received and approved by the City’s Risk
Manager or designee prior to City’s execution of the Agreement and before work
commences. All non-ISO endorsements amending policy coverage shall be executed
by a licensed and authorized agent or broker. Upon request of City, Service Provider
shall immediately furnish City with a complete copy of any insurance policy required under
this Agreement, including all endorsements, with said copy certified by the underwriter to
be a true and correct copy of the original policy. This requirement shall survive expiration
or termination of this Agreement. All subcontractors working under the direction of
Service Provider shall also be required to provide all documents noted herein.
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 its subcontractor
maintain insurance coverage at levels no less than those required by applicable law and
is customary in the relevant industry.
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EXHIBIT C
DISCLOSURE OF CONFLICT OF INTEREST
Economic Development Services
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
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-155 Agenda Date:2/9/2023 Agenda #:1.-I.
REPORT TO THE CITY COUNCIL
FROM:KERRI L. DONIS, Fire Chief
Fire Department
SUBJECT
RESOLUTION - Authorize the acceptance of 2021 Staffing for Adequate Fire and Emergency
Response (SAFER) grant award for $7,246,600 from the Federal Emergency Management Agency
FEMA) and authorize the Fire Chief to complete all required documents (Subject to Mayor’s Veto)
RECOMMENDATION
It is recommended Council adopt the resolution to accept the 2021 SAFER Grant for $7,246,600 and
authorize the Fire chief, or designee, to complete all required documents.
EXECUTIVE SUMMARY
On January 27, 2022, City Council approved the Fire Department to apply for the 2021 SAFER grant
to recruit twenty-four (24) new members. The grant reimburses the City 100% of salaries and
benefits of each recruit for a period of 36 months. On December 00, 2022, the department was
notified it had been awarded a grant in the amount of $7,246,600. A City Council resolution is
required to enable the department to process the grant and receive payments of the grant proceeds.
The grant will also reimburse for any increases in salary levels resulting from negotiated labor
agreements occurring after the initial application process.
BACKGROUND
On December 00, 2022, the department was notified it had been awarded funding for grant. The Fire
Department plans on conducting a 16-week drill school upon award of the grant and approval by the
City Council to accept the grant.
The federal share of the grant is $7,246.600, and the City’s unreimbursed costs will be as follows:
1,102,200 for Fiscal Year 2023; $738,400 for Fiscal Year 2024; $743,673 in Fiscal Year 2025.
Actual reimbursement from the grant will be increased in accordance with any subsequent labor
agreements occurring after the initial application process. After the grant period of performance is
completed in August, 2025, ongoing estimated costs will be $3,341,000 per year.
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R. 2023-026
File #:ID 23-155 Agenda Date:2/9/2023 Agenda #:1.-I.
FISCAL IMPACT
The City of Fresno’s share of costs related to the grant have been built into the base budget for fiscal
year 2023.
LOCAL PREFERENCE
Local preference was not implemented because this item is not an award of a construction or
services contract.
ENVIRONMENTAL FINDINGS
Pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15378, this item is not a
project for the purposes of CEQA.
Attachments:
Resolution - Authorizing Acceptance of Grant
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Date Adopted:
Date Approved:
Effective Date:
City Attorney Approval: __PB____ Resolution No.
RESOLUTION NO. ____________
RESOLUTION AUTHORIZING THE ACCEPTANCE OF
THE 2021 STAFFING FOR ADEQUATE FIRE AND
EMERGENCY RESPONSE (SAFER) GRANT, AND
AUTHORIZING THE COMPLETION AND SUBMISSION OF
ALL REQUIRED DOCUMENTS.
WHEREAS, the Federal Emergency Management Agency (FEMA) provides
funding for the FY 2021 SAFER grant; and
WHEREAS, the procedures established by FEMA require the applicant to certify
by resolution approval of the grant award; and
WHEREAS, the City of Fresno (City) will enter into an agreement with FEMA and
any collaborating local agencies and entities for the grant funded program.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno:
1. That Council approves acceptance of grant funds for 2021 SAFER
through the FEMA grant program.
2. To the extent consistent with all Constitutional and local law requirements
and this resolution, the City certifies that it has or will have sufficient funds to operate
and maintain the Program.
3. That the City certifies it has reviewed, understands, and, to the extent
consistent with all Constitutional and local law requirements and this resolution, agrees
to the provisions contained in the Application, Award and Program Guidelines.
4. The Fire Chief for the City of Fresno is appointed the agent of the City of
Fresno to conduct all negotiations and take any actions necessary for the purpose of
obtaining the federal financial assistance hereunder, execute and submit documents
including, but not limited to, applications, agreements, memoranda of understanding,
payment requests and so on, which may be necessary for the completion of the
Program, subject to prior approval as to form by the City Attorney’s Office.
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STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss.
CITY OF FRESNO )
I, TODD STERMER, City Clerk of the City of Fresno, certify that the foregoing
resolution was adopted by the Council of the City of Fresno, at a regular meeting held
on the day of , 2022.
AYES :
NOES :
ABSENT :
ABSTAIN :
Mayor Approval: , 2022
Mayor Approval/No Return: , 2022
Mayor Veto: , 2022
Council Override Vote: , 2022
Todd Stermer, CMC
City Clerk
BY:
Deputy
APPROVED AS TO FORM:
City Attorney
BY:
PAULINE BRICKEY Date
Deputy
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-224 Agenda Date:2/9/2023 Agenda #:1.-J.
REPORT TO THE CITY COUNCIL
FROM:BRIAN BARR, Director
General Services Department
BY:MELISSA PERALES, Purchasing Manager
General Services Department, Purchasing Division
SUBJECT
Approve an increase to the Requirements Contract with American Guard to provide Security Services
at the Municipal Service Center, City Hall, and various other city locations in the amount of $500,000
plus annual CPI increases. The total revised contract shall not exceed $7,366,088.38 plus annual
CPI adjustments without Council approval. (Bid File 9494)
RECOMMENDATION
Staff recommends Council approve an increase in contract amount for the Requirements Contract for
Security Services at the Municipal Service Center, City Hall, and various other city locations in the
amount of $500,000 plus annual CPI adjustments.
EXECUTIVE SUMMARY
In accordance with Resolution 2018-075, multiple amendments which aggregate more than 10% of
the agreement price shall be subject to prior authorization from the City Council. To date, multiple
amendments for additional locations and security services throughout the City have been authorized
totaling 9.7% ($607,195.48) of the agreement price. Security services which could not have been
anticipated in 2019, at the time of award, are added to the contract via change order. The most
recent change order added 24-hour security services to each of the four Storm Relief Centers and
continued nightly during the expanded warming center hours.
To account for the additional need, the General Services Department, Purchasing Division is
recommending an increase in the amount of $500,000 for the remainder of the contract through
January 1, 2025. The total revised contract shall not exceed $7,366,088.38 plus annual CPI
adjustments without Council approval. This will provide General Services with the funding authority
necessary to quickly respond to Department requests for added security during the remainder of the
contract duration.
BACKGROUND
A Notice Inviting Proposals was published in the Business Journal on May 6, 2019, and posted on
the City’s website. RFP specifications were distributed to nineteen prospective proposers. Seven
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File #:ID 23-224 Agenda Date:2/9/2023 Agenda #:1.-J.
the City’s website.RFP specifications were distributed to nineteen prospective proposers.Seven
sealed proposals were received and opened in a public bid opening on June 4,2019.Interviews for
the proposers were held on August 2019, with the Selection Committee.
The Selection Committee,comprised of representatives from the Public Works,PARCS,and
Planning and Development evaluated the proposers 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 entities,conformance to the terms and conditions of the RFP,Financial Stability,and other
related information provided by proposers.The committee ultimately determined American Guard
Services provided the best value to the City and recommended an award.
On December 5,2019,City Council approved a contract with American Guard Services for
1,251,778.58 per year for three years with two optional one-year extensions totaling $6,258,892.90
over five years to provide Security Services at the Municipal Service Center,City Hall,and various
other city locations.
In accordance with Resolution 2018-075,multiple amendments which aggregate more than 10%of
the agreement price shall be subject to prior authorization from the City Council.To date,multiple
amendments for additional locations and security services throughout the City have been authorized
totaling 9.7%($607,195.48)of the agreement price.Change orders have been processed to provide
additional unarmed security services at the Animal Center,senior center,storm relief shelters,
warming shelters,DPU Administrative Building (old Fresno Bee Building),community centers,and
FAX Manchester Transit Center office.
To account for additional need,the Purchasing Division is recommending an increase in the amount
of $500,000 plus annual CPI increases for the remainder of the contract through January 1,2025.
The total revised contract shall not exceed $7,366,088.38 plus annual CPI adjustments without
Council approval.
If this item is not approved,General Services will not be able to urgently respond to requests for
additional security services without prior authorization from Council.For example,should community
centers be reactivated due to imminent adverse weather (i.e.storm relief centers,etc.),General
Services will not be able to provide security services.
Original 5-year contract amount:$6,258,892.90
Change orders (9.7%):$607,195.48
Council approved increase:$500,000
Total revised contract amount:$7,366,088.38
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 to this item because this is not the subject of a bid.
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File #:ID 23-224 Agenda Date:2/9/2023 Agenda #:1.-J.
FISCAL IMPACT
This item increases the total award of the contract to accommodate future contract change order for
additional security services.Funding will be identified within the requesting Department’s FY2023
adopted budget at the time of the request for service.
Attachment: Security Contract Change Order History
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CCO#Services Added Cost
1 Provide 1 unarmed security officer at the FAX Manchester Transit Center Office M-F
8:30am - 4:00pm with 1/2 hour lunch break, totaling 7 hours per day from 4/13/20 -
7/10/20 at $23.09/hr 10,505.95$
2 Beginning June 8, 2020 provide (1) unarmed security officer at City Hall M-F 7:00am –
6:00pm to be stationed at the south hallway entrance for remainder of contract year.
11 hours per day at $23.09/hr. for 115 working days = $29,208.85 29,208.85$
3 Provide a mobile patrol officer to patrol 1603 H Street daily from 11:00pm to 6:00am
for the Solid Waste Division at a rate of $26.94 per hour for 2 months. 63 days X 7
hours per day = 441 hours X $26.94 = $11,880.54 11,880.54$
4 Provide one unarmed guard at 1626 E Street 24 hours per day 7 days per week for DPU
at a rate of $25.95 per hour for 4 months. 24 hours per day x 7 days a week = 168 hours
a week x16weeks = 2,688 hours x $25.95 = $69,753.60 69,753.60$
5 Provide one unarmed guard at the Animal Shelter (5277 E Airways Blvd 24/7 from
3/4/22 to 6/1/22. $603.36/Day x 89 Days = $53,699.04 53,699.04$
6 Provide one unarmed guard at the 1625 G St., DPU Admin Building, M-F 4:00am –
11:00pm and Sat.-Sun. 5:00am – 8:00pm starting 5/16/22 for approximately 6 months.
25.99/hour, 125 hours/week, 26 weeks = $84,467.50 84,467.50$
7 Provide one unarmed guard at the Animal Center 6:00pm - 6:00am Monday-Saturday
and from 6:00pm Saturday thru 6:00am Monday. 96 hour/week @ 25.14/hour 183,421.44$
8 Provide one guard to lock the gate at the Mosqueda Community Center at 10:00pm
nightly for a period of 3 months. $95/day for 92 days = $8,740 8,740.00$
9
Provide 45-minute visits/patrols every day 4 times per day (seven days each week) to
the Senior Center at 4333 N Blackstone. Quoted price is $255 per day for 1 month $255
x 30 days = $7,650 for 1 month 7,650.00$
10
Provide one unarmed guard at the 1625 G St., DPU Admin Building (Old Fresno Bee), M-
F 4:00am - 11:00pm and Sat.-Sun. 5:00am - 8:00pm starting 11/16/22 to 3/26/23.
28.08/hour, 125 hours/week, for 17 Weeks = $59,670.00 59,670.00$
11
Provide 45-minute visits/patrols every day 4 times per day (seven days each week) to
the Senior Center at 4333 N Blackstone. Quoted price is $255 per day for 1 month $255
x 30 days = $7,650 for 1 month 7,650.00$
12
Provide Four (4) total unarmed guards; one unarmed guard 24 hours a day, seven days
a week at 4 emergency shelters: Maxi Parks, Mosqueda, Ted C Wills and Pinedale
from January 8th until January 11th (midnight). Four (4) total unarmed guards 24 hours
a day, seven days a week at 4 emergency shelters. Maxi Parks, Mosqueda, Ted C Wills,
and Pinedale from January 11th until January 19th. Two (2) total unarmed guards; one
unarmed guard 14 hours a day (6:00 PM to 8:00 AM), seven days a week at 2
emergency shelters: Ted C Wills and Pinedale from Thursday, January 19th until
Tuesday January 31st.42,637.44$
13 Two (2) total unarmed guards; one unarmed guard 14 hours a day (6:00 PM to 8:00
AM), seven days a week at 2 emergency shelters: Maxi Parks and Mosqueda from
Wednesday January 18th until 8am Wednesday February 1st 2023 9,150.96$
14
Two (2) total unarmed guards; one unarmed guard 10 hours daily from 8am-6pm at 2
emergency shelters: Maxi Parks and Ted C Wills from Thursday, January 19th until
February 1st at 8:00am. As per change orders 12 & 13 the two locations are already
being patrolled from 6pm-8am 7,039.20$
15
Provide Four (4) total unarmed guards; one unarmed guard 24 hours a day, seven days
a week at 4 emergency shelters: Maxi Parks, Mosqueda, Ted C Wills and Pinedale
from February 1st at 8:00 am until February 9th at 8:00 am 21,720.96$
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-49 Agenda Date:2/9/2023 Agenda #:
1.-K.
REPORT TO THE CITY COUNCIL
FROM:BRYON HORN, Chief Information Officer
Information Services Department
BY:ED SMITH, Information Services Manager
Information Services Department
SUBJECT
Approve Consultant Services Agreement with Byrne Software Technologies, Inc. (Byrne) in an
amount not to exceed $70,000 for Cannabis Module Implementation Services.
RECOMMENDATION
Staff recommends Council authorize the City Manager to enter a Consultant Services Agreement
between the City of Fresno (City) and Byrne in an amount not to exceed $70,000 to configure,
implement, and deploy the Cannabis Module (Module).
EXECUTIVE SUMMARY
The City Manager desires to change processing and approval of permits for cannabis-related
business from an existing provider to the Module. This will provide significant benefits to the City and
to applicants doing business with the City, including:
Create efficiencies thus reducing time spent processing applications.
Process Cannabis applications in the same land management system used by Planning,
Building, Fire, and Code Enforcement, allowing streamlining of workflows, easing clerical
effort, centralizing applicant communication with the City to one centralized web site, and
making it easier for departments to work together.
Centralize records and reports into a system with greater internal oversight and IT support.
BACKGROUND
Under the direction of the City Manager, the Office of Cannabis Oversight is responsible for
coordinating the implementation of the City’s cannabis laws and regulations.
On November 8, 2016, California voters passed Proposition 64, the Control, Regulate, and Tax Adult
Use of Marijuana (“AUMA”) Act. This law legalizes nonmedical, recreational marijuana, subject to the
regulation of local government jurisdictions in the State of California.
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NE / MA 5-1, GB No
MK Absent.
Approved on Consent
File #:ID 23-49 Agenda Date:2/9/2023 Agenda #:
1.-K.
On December 13,2018,Fresno City Council adopted the Cannabis Retail Business and Commercial
Cannabis Business Ordinance,which sets out the permitting framework and regulatory requirements
for Medicinal and Adult-Use Cannabis businesses to operate within the City for commercial activities
such as cultivation,manufacturing,and distribution.This ordinance was amended on January 30th,
2020, on June 25th, 2020, and may be further refined by the City Council.
The Office of Cannabis Oversight currently uses OpenGov and wishes to switch to the Module to
integrate better with the land management system used by Planning,Building,Fire,and Code
Enforcement to better streamline and unify common and shared workflows.The first renewals of our
Cannabis-related permits are coming up in May of 2023,and the Office of Cannabis Oversight would
like to start using the Module at that time.
In addition,the Office of Cannabis Oversight would like the additional flexibility and greater
functionality available in the Module that is not currently available in OpenGov.
On October 21,2022,the City issued an RFQ to solicit qualifications from consultants to implement
the Module.Four responses were received;Byrne Software,Etech,IK Consulting and TruePoint
Solutions.Byrne was selected based on their proposal,their familiarity with Module,cannabis
regulations,and their familiarity with the City of Fresno Accela Civic Platform environment.Byrne
software created the payment adapter we use in Accela to collect payments using Heartland
Payment Systems.They also created the interface that creates the financial files that we import from
Accela into Tyler Munis.After committee evaluation,Bryne Software was selected as the best fit for
implementation of the Module.
ENVIRONMENTAL FINDINGS
The approval of this Agreement is not a project as defined by the California Environmental Quality
Act.
LOCAL PREFERENCE
Local preference was not implemented because no local firms responded to the RFQ.
FISCAL IMPACT
Funding for this contract exists in the City Manager’s Office FY 23 Budget
Attachment:
Consultant Services Agreement
Fresno CA Accela Cannabis Implementation Services SOW - Exhibit A
Proposal Costs - Exhibit A
Committee Evaluation
City of Fresno Printed on 2/10/2023Page2of2
powered by Legistar™
Byrne Software Technologies, Inc.
EXHIBIT A
STATEMENT OF WORK FOR
FRESNO, CA
ACCELA CIVIC PLATFORM CANNABIS
MODULE PLEMENTATION SERICES
1230007670
Byrne Software Technologies, Inc.
November 2, 2022
16019 Swingley Ridge Road, Suite 200, Chesterfield, MO 63017 | 636-537-2505
City of Fresno – RFQ for Accela Implementation
Cannabis Licensing and Permitting - SOW
Table of Contents
DOCUMENT CONTROL ........................................................................................................................... 3
INTRODUCTION ....................................................................................................................................... 3
OVERVIEW............................................................................................................................................... 3
CRITICAL SUCCESS FACTORS .............................................................................................................. 3
HIGH LEVEL SCOPE OF SERVICES ....................................................................................................... 5
PROJECT TIMELINE ................................................................................................................................ 5
PROJECT MANAGEMENT ....................................................................................................................... 6
PROJECT ASSUMPTIONS ...................................................................................................................... 6
PROJECT PUT ON HOLD ........................................................................................................................ 6
GENERAL PROJECT ASSUMPTIONS..................................................................................................... 7
PROJECT RESOURCING ASSUMPTIONS .............................................................................................. 8
ACCELA SOLUTION ASSUMPTIONS...................................................................................................... 9
ADMINISTRATION ................................................................................................................................... 9
LOCATION OF SERVICES AND KEY CONTACT .................................................................................................... 9
CHANGE ORDERS ...................................................................................................................................... 10
EXPIRATION .............................................................................................................................................. 10
SIGNATURE AND ACCEPTANCE ......................................................................................................... 11
APPENDIX A: PROJECT RESOURCES ................................................................................................. 12
AGENCY RESOURCES ......................................................................................................................... 12
BYRNE RESOURCES ............................................................................................................................ 15
APPENDIX B – ACCELA IMPLEMENTATION METHODOLOGY ........................................................... 17
City of Fresno – RFQ for Accela Implementation
Cannabis Licensing and Permitting - SOW
APPENDIX C – DELIVERABLE ACCEPTANCE FORM ......................................................................... 19
APPENDIX D – CHANGE ORDER .......................................................................................................... 20
SAMPLE CHANGE ORDER – PAGE 1 ................................................................................................... 20
APPENDIX E – DETAILED SCOPE ........................................................................................................ 21
WORK DESCRIPTION ............................................................................................................................ 21
DELIVERABLE 1: PROJECT INITIATION ................................................................................................ 21
STAGE 2 – BEST PRACTICE ANALYSIS .............................................................................................. 22
DELIVERABLE 2: RECORD TYPE GAP ANALYSIS SESSIONS (UP TO 40 HOURS) .............................. 22
STAGE 3 – SOLUTION FOUNDATION................................................................................................... 23
DELIVERABLE 4: RECORD TYPE CONFIGURATION (UP TO 60 HOURS) ............................................ 23
DELIVERABLE 4: ACCELA CITIZEN ACCESS (ACA) CONFIGURATION ................................................ 23
DELIVERABLE 5: ACCELA MOBILE APPS CONFIGURATION ................................................................. 24
STAGE 4 – BUILD .................................................................................................................................. 24
DELIVERABLE 6: AUTOMATION AND BUSINESS RULES SCRIPTING .......................................................... 25
DELIVERABLE 7: REPORT DEVELOPMENT (UP TO 100 HOURS)........................................................ 26
DELIVERABLE 8: ESRI INTEGRATION................................................................................................... 26
DELIVERABLE 9: PEOPLESOFT FINANCIALS INTEGRATION ...................................................................... 27
STAGE 5 – READINESS ........................................................................................................................ 28
DELIVERABLE 10: TRAINING ................................................................................................................. 28
DELIVERABLE 11: USER ACCEPTANCE TESTING (UAT) ..................................................................... 29
STAGE 6 – DEPLOY .............................................................................................................................. 30
DELIVERABLE 12: PRODUCTION STAND-UP SUPPORT ............................................................................... 30
City of Fresno – Accela Implementation
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DOCUMENT CONTROL
INTRODUCTION
OVERVIEW
This proposed implementation by Byrne Software of the Accela product is designed specifically to meet the
requirements defined by Fresno, CA (“Agency”). Byrne Software is proposing to utilize the Accela Standard Package
Solution Implementation Methodology, to promote a successful project that will meet the Agency’s objectives. The
following Accela products will be implemented: Cannabis Permitting and Licensing Module. The following Statement
of Work will detail how Byrne Software will implement the software, including the major milestones and deliverables
that will ensure your success.
Byrne Software is committed to providing a superior solution and deployment of Accela, for the current and future
needs of Fresno. Byrne Software will work with Agency staff to optimize Accela’s portfolio of software, best
practices, and customer experience to enable the Agency to successfully deploy the Cannabis solution in Accela.
This Statement of Work (“SOW”) sets forth a scope and definition of the consulting/professional services, work and/or
project (collectively, the “Services”) to be provided by Byrne Software to Fresno.
CRITICAL SUCCESS FACTORS
In order to successfully execute the services described herein, there are several critical success factors for the
project that must be closely monitored and managed by the stakeholders. These factors are critical in setting
expectations between the Agency and Byrne, identifying and monitoring project risks, and promoting strong project
communication.
Dedicated Agency Participation – Agency acknowledges that its staff must be actively involved
throughout the entire duration of Services as defined in the agreed upon Project Plan. Byrne will
communicate insufficient participation of Agency resources through Project Status Reports with real and
potential impacts to the project timeline. Byrne will work with the project sponsors and department leaders
to determine appropriate team member involvement. This could range from full-time, during early analysis
meetings, to part-time during the technical implementation phase. Please see Appendix A for a full
description of participant resources.
Accela Implementation Methodology – It is imperative to project success that the Agency is willing to
adhere/adopt to the Accela Implementation Methodology. Please see Appendix B for a full description of
the Accela Methodology.
Knowledge Transfer – It is critical that Agency personnel participate in the analysis, configuration and
deployment of Accela Automation in order for Byrne to transfer knowledge to the Agency. Once Post -
Production assistance tasks are completed by Byrne Services, the Agency assumes all day-to-day
operations of Accela Automation outside of the Support and Maintenance Agreement.
The Support and Maintenance Agreement does not cover any Agency manipulation of implemented scripts,
reports, interfaces and adaptors. Depending on the scope of the project, key knowledge transfer areas could
include:
Date Author Version Change Reference
03/28/2022 Amber Digenan 1.0 Initial document
03/28/2022 David Avila 1.1 Revisions/Corrections
10/25/2022 David Avila 1.2 Revisions and Updates for RFQ
City of Fresno – Accela Implementation
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Configuration
Scripting
Event Management Scripts
Reports and Forms
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HIGH LEVEL SCOPE OF SERVICES
This document is to detail the specific activities, deliverables, roles and responsibili ties, and acceptance criteria that
comprise the implementation of Accela for the Agency. Byrne will provide professional services for imp lementation of
the above module and will add services per the Work Description section below.
High Level Milestones and Sample Deliverables
The scope of services is delivered in six stages and will result in an initial deployment. A high -level description of the
phases is listed below. Specific descriptions of all deliverables, responsibilities and acceptance criteria are found in
Appendix E. All deliverable templates used are Accela created and follow the Accela methodology. See Assumptions
for more information about deliverable templates.
STAGE DESCRIPTION MILESTONE OVERVIEW SAMPLE DELIVERABLES
Stage 1: Initiation Set up the project framework for a
successful delivery
Project Plan
Project Kickoff
Core Team Training
Stage 2: Analysis Provide best practice consulting to
define to-be configuration for Agency Gap/Fit Analysis Documentation
Stage 3: Solution
Foundation
Create the appropriate solution
architecture blueprint for a successful
deployment
Configuration blueprint
Stage 4: Build/Conversion Build out Accela platform.
Create and deliver conversion schemas,
interface schemas and other technology
solutions needed for implementation
Specifications – Scripts, Interface, Report,
Conversions
Delivered Components – Scripts, Reports,
Interface, Conversion packages.
Stage 5: Readiness Validate Accela solution for Agency
deployment via testing
Provide Test Script Templates
Support agency with the completion of UAT
documents.
Assist with investigation and resolution of
triaged issues reported by the agency.
Training
Stage 6: Deploy Move to Production (“Go Live”) and
Support
Readiness Checklist
Coordinate Move to Production
Post Deployment Support
PROJECT TIMELINE
The term of this project is estimated to complete in 3 months.
Upon execution of this SOW, the parties will collaborate to determine a start date for Services to be rendered. Upon
initiation of these Services, the assigned resources will work with the Agency to collaboratively define a high level,
baseline project schedule. Byrne Software will use the baseline project schedule to plan and schedule resource
availability in order to complete the defined scope.
Given the fact that project schedules are working documents that change over the course of the project, Byrne
Software will work closely with Agency to update, monitor, agree, and communicate any modifications. Changes to
the baseline project schedule may result in a change in resource availability.
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PROJECT MANAGEMENT
Byrne will provide a project manager for services throughout the implementation in order to plan and monitor
execution of the project in accordance with deliverables outlined in the Statement of Work. To support the
implementation of the Accela software at the Agency, Byrne will provide Project Management services throughout the
project up to 30 hours. The Byrne Project Manager is responsible for the overall project management and works
directly with the client throughout all aspects of Accela implementations: from the initial scoping, p lanning, staffing to
delivery. The Project Manager undertakes the project administration tasks including:
Project plan management
Change order management
Issue log management and escalation
Status reporting
Project workspace management
Resources management
Work plan management
Meetings management
Project review with Project Executive
PROJECT ASSUMPTIONS
Agency and Byrne Software will review their responsibilities before work begins to ensure that Services can
be satisfactorily completed.
Changes or additions to scope, requested by the Agency may require a Change Order to reimburse Byrne
Software for the additional costs associated with the change.
If onsite, Agency will provide workspace for the Delivery Team for work completed on Agency premises if
onsite work is needed. We anticipate no more than 1 staff member onsite at any given time.
Agency will maintain primary responsibility for the scheduling of Agency employees and facilities in support
of project activities.
Agency is responsible for proper desktop hardware/software/network preparation in accordance with Accela
specifications.
Agency is responsible to ensure agency participants have adequate hardware/software to successfully
participate in online training (i.e., video and audio streaming).
Agency will commit to the involvement of key resources and subject matter experts for ongoing participation
in all project activities as defined in this SOW. The importance of Agency staff participation is imperative to
the successful, and timely, implementation of the project deliverables.
PROJECT PUT ON HOLD
It is understood that sometimes Agency priorities are revised requiring the Agency to place the Ac cela
implementation on hold. The Agency must send a formal written request sent to Byrne in order to put the project on
hold. A project can be on hold for up to 60 days without invoking the termination clause (see Services Agreement).
After that time, Byrne can choose to cancel the rest of the Statement of Work. To finish the project will require a new
Statement of Work at new pricing.
When a project is put on hold, at minimum, Byrne will need to draft a Change Order to keep some of the Byrne
project manager’s time engaged to monitor progress and to resource the project once it comes off hold. Other
Change Order items may be needed as a result of the delay. When a project goes on hold, project resources will be
re-deployed and Byrne will need a forty-five (45) calendar day notice to re-staff the project. Resumption of the project
will be dependent upon Byrne resourcing timelines.
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Should the Agency become non-responsive to Byrne communications for a term of 30 calendar days regarding
continuance of the project work, Byrne can choose to cancel the remainder of the Statement of Work. To finish the
project will require a new Statement of Work at new pricing at the n current rates.
GENERAL PROJECT ASSUMPTIONS
Scope and Timeline
Scope is based on record types and fees provided by the Agency prior to the SOW development.
Go live” (system is in production) timeline assumes timely completion of Agency deliverables (including
finalization of requirements / use cases / product catalog), availability of key Agency resources, and
collaboration and availability of any third-party vendor resources. Late (per mutually agreed project
plan) Agency deliverables may adversely impact overall implementation timeline.
Overall project plan will be mutually agreed to by Agency and Byrne project managers prior to final
Configuration.
Byrne will provide the Agency with a Weekly Status Report that outlines the tasks completed during the
prior week, the upcoming tasks that need to be completed during the following week, the res ources
needed to complete the tasks, a current version of the project plan, and a listing of any issues that may
be placing the project at risk (e.g., issues that may delay the project or jeopardize one or more of the
production dates).
The project schedule is managed using Microsoft Project. Should any tasks slip behind schedule ten
10) business days, Byrne and Agency will escalate according to the Communication Plan in the Project
Charter.
Deliverables will be documented in Accela based templates using the Accela methodology. Sample
templates are available to Agency upon request.
Agency is responsible for hosting any interfaces outlined in this SOW.
Training
The Agency project team will provide the necessary staff resources to complete training needs analysis
and assist with training planning.
The Agency is solely responsible for making designated trainees (trainers, agents, administrators)
available for training per the project schedule. If any designated trainee is not available to participate in
scheduled training, Byrne is not responsible for making alternative arrangements for missed training.
The Agency will be responsible for additional end user training including training logistics, training
scheduling, and the printing of training materials. The Agency will confirm the total number of training
rooms needed for the project duration after Agency approval of the draft training strategy.
Agency users will have basic computer skills. Byrne is not responsible for an individual’s response to the
training or their capacity to learn or be trained. Specific prerequisite skills include:
End users – proficient in Windows environment and Internet environment, as well as
working knowledge of Agency business processes and functions.
Technical staff – in addition to the above skills, technical users should have knowledge of:
Moderate to advanced technical knowledge of database design, database
usage, syntax management, and java scripting.
Familiarity with existing system source data
Familiarity with existing system design and structure
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Testing
Byrne is responsible for testing the initial configuration of system
Agency is responsible for writing any User Acceptance Test Scripts. Testing Scripts encompass the
daily work practices of the business. An example of a test script would be accepting an application
through approving the application, taking fees and printing any reports, outlining the process start to
finish. Agency is responsible for User Acceptance Test and System Integration Testing
Go Live and Go Live Support
Go Live” definition is that the Accela software is up and running in production. If an Agenc y moves to
production, i.e., “Goes Live” it is deemed to have accepted the product and shall comply with any
payment obligation for “Move to Production”, “Go-Live” and/or “Acceptance”. There may be post go-live
issues that are being supported during this time; however, any financial obligations the Agency may
have to Byrne based on “Go live”, commence on the date the software is available in production.
Byrne consulting resources will support Agency after “Go Live” until such time that Agency is
transferred to support (typically within a calendar month).
Project Completion
The project is complete once the transition to Accela’s Customer Support has been completed. If
applicable, the specific deliverable acceptance process and financial obligation for “tran sition to
Accela’s Customer Support” or “project completion” will commence on the date the transition to
Accela’s Customer Support.
Acceptance
For non-deliverable based payment agreements, at minimum, it is requested that Agency sign
acceptance for a minimum of the major phases of the project typically: Initiation, Analysis, Foundation,
Build, Readiness, and Deployment. Each phase should be signed off prior to commencing work on the
next phase. Byrne respectfully requests prompt attention to the processing of all Deliverable
Acceptance Forms, as adherence to this timely process directly impacts the ability to complete the
project in the desired timeframe.
PROJECT RESOURCING ASSUMPTIONS
Agency Resourcing
Agency will provide a dedicated Project Manager throughout the course of the implementation.
Agency Project Manager will maintain primary responsibility for the scheduling of Agency employees
and facilities in support of project activities. Estimated time commitments for resources are outlined in
Appendix A.
Agency has committed to the involvement of key resources and Subject Matter Experts for ongoing
participation in all project activities as defined in the project plan associated with this SOW.
Agency agrees during the Initiation Phase of the project to assign a single designated approver for each
major project deliverable. The Project Manager will be responsible for overseeing and/or directly
participating in the design and development and will work with the designated approver for the
approval, of the deliverable. Agency may make changes to designated approvers with written
notification to Byrne a minimum of one month before a deliverable is due.
Agency will provide access to subject matter experts and decision makers in a timely fashion.
Agency will commit project sponsors and all necessary stakeholders and Subject Matter Experts
SME’s) during the project kickoff.
Agency will commit all necessary SME’s and IT personnel during the requirements and design phase
for the appropriate sessions as outlined by the Byrne Project Manager during Kick-Off preparation.
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Byrne Resourcing
Byrne personnel will attend Agency executive steering committee meetings as needed.
In the pricing, Byrne has assumed the appropriate resourcing to ensure deployment success for the
scope outlined.
Byrne will provide a project manager for services throughout the implementation to plan and monitor
execution of the project in accordance with deliverables outlined in the Statement of Work. To support
the implementation of the Accela Automation software at the Agency, Byrne will provide Project
Management services throughout the project.
Any additional worked hours over the hours or scope stated in the SOW will require a Chang e Order.
Third Party Resourcing
Byrne is not responsible for impacts to project timeline created by dependency on Agency third-party
consultants. Timeline changes will result in a Change Order for extension of Byrne project resources
caused by Agency third party consultant actions (including availability) resulting in additional time or
scope.
ACCELA SOLUTION ASSUMPTIONS
General
Agency shall provide the necessary tools, accounts, and permissions that will enable Byrne to access the
Agency’s internal network for the purpose of remote installation and testing. This access must be provided
through industry standard tools such as Virtual Private Network (VPN). Failure to provide this access in a
timely fashion will result in a project delay. Such a delay will result in a Change Order pursuant to the PAQ
process.
Byrne will implement the most current version of Accela Civic Platform at the time of go live.
For use with Accela Citizen Access, Agency will provide/purchase/acquire an online merchant account and
all related hardware required by the merchant account provider for the handling of credit cards and/or
checks.
Agency is responsible for proper site preparation, hardware, software, and network config uration in
accordance with Accela specifications.
Byrne will be responsible for implementing a functioning version of the application software at the Agency
assuming the Agency has installed the proper hardware, software, and networking devices).
Agency will ensure that Byrne resources have access to a Dev or Test version of the 3 rd-party system for
interface development. All interfaces will be developed against 1 (one), agreed upon version of the 3 rd-party
system.
Agency will provide Byrne with access to test and development environments for each Agency system that
requires integration with Accela Automation.
Assumes a standard package solution, out of the box, implementation.
Data Conversion
No data conversion will be included in this statement of work.
ADMINISTRATION
LOCATION OF SERVICES AND KEY CONTACT
Services contracted under this SOW may be performed remotely and/or at the Agency’s on -site facilities as deemed
appropriate and reasonable for the successful completion of the Services detailed herein.
City of Fresno – Accela Implementation
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Please indicate below the primary Agency location which will benefit from the services covered under this SOW.
Work Location:
Please indicate below the key Agency contact that will be responsible for Project Management:
Name: TBD
Title: TBD
Phone Number(s): TBD
Email: TBD
CHANGE ORDERS
In order to make a change to the scope of Professional Services in this SOW, Agency must submit a written request
to Byrne specifying the proposed changes in detail. Byrne shall submit to Agency an estimate of the charges and the
anticipated changes in the delivery schedule that will result from the proposed change in the Professional Services
Change Order”). Byrne shall continue performing the Professional Services in accordance with the SOW until the
parties agree in writing on the change in scope of work, scheduling, and fees, therefore. Any Change Order shall be
agreed to by the parties in writing prior to implementation of the Change Order. If Byrne’s effort changes due to
changes in timing, roles, responsibilities, assumptions, scope, etc. or if additional s upport hours are required, a
change order will be created that details these changes, and impact to project and cost (if any). Any change order
shall be signed by Byrne and Agency prior to commencing any activities defined in the change order. Standard
blended rate for Byrne resources is $145.00 per hour. The Change Order Template is attached hereto as Appendix
D.
EXPIRATION
The scope and terms of this SOW must be executed as part of the Agency Services Agreement within sixty (60)
calendar days of the date of this SOW. If the SOW is not executed, then the current scope and terms can be
renegotiated.
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SIGNATURE AND ACCEPTANCE
Byrne Software Technologies, Inc. City of Fresno, California
By: _____________________________ By: _____________________________
Print Print
Name: __________________________ Name: __________________________
Title: ___________________________ Title: ___________________________
Date: ___________________________ Date: ___________________________
City of Fresno – Accela Implementation
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APPENDIX A: PROJECT RESOURCES
AGENCY RESOURCES
Agency must fill the appropriate roles with the appropriate personnel to work together with the Byrne Project Team
for these Services and that Agency will make available additional resources as needed for the Services to be
successful. Agency roles can be filled by the same person. In addition, Agency will provide all necessary technical
resources to make appropriate modifications within any Agency systems wishing to integrate with any Accela
systems. These resources must be proficient in Agency coding/development environment and tools, to make the
required changes to their software to enable integration and must be available during the timeframe of these
Services. Agency roles include Sponsor, Project Manager, Technology Manager, and Business Lead(s) for each
Division/department being implemented, Super User trainers, and others as appropriate.
Agency Resources Description
Hours per week
Implementation
Estimate
Hours per
week
Support
Estimate
Project Sponsor
Responsibilities include:
Ultimate responsibility for the
success of the project,
Creating an environment that
promotes project buy-in,
Driving the project through all
levels of the agency,
High-level oversight throughout the
duration of the project,
Serving as the primary escalation
point to address project issues in a
timely manner.
2 Hours*
Might be
higher during
initiation)
2 Hours
Project Manager
Responsibilities include:
Overall administration,
coordination, communication, and
decision- making associated with
the implementation.
Planning, scheduling, coordinating
and tracking the implementation
with Byrne and across departments
within the agency.
Ensuring that the project team
stays focused, tasks are completed
on schedule, and that the project
stays on track.
40 Hours 10 Hours
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Division/Departmental Business
Leads
A user representative for each affected
department must be appointed to facilitate
analysis and configuration and serve as a
decision-making entity for that group. These
critical appointments may well determine the
success of the implementation for their
respective areas. Responsibilities include:
Attending requirements workshop
sessions.
Willing and able to gather data and
make decisions about business
processes.
Assist in the creation of
specifications for reports, interfaces
conversions
Review and test the system
configuration.
Participating in the implementation
of the Accela Automation solution.
1 (minimum)
superuser/liaison
FTE per
department. 50-
75% dedication
of a 2-3
resources per
department for
4-6 weeks. End-
user training
period is 2-3
FTEs for 4
weeks at about
50% dedication
and User
Acceptance
Testing and Go-
Live activities
will require 2-3
FTEs at 80%
dedication.
2 Hours
Division/Departmental Subject
Matter Expert (SME)
Responsibilities include:
Being trained on the Accela
Automation system at a System
Administration level;
Being fully engaged in the
Business Analysis and system
configuration activities;
Assist internal efforts towards the
creation of reports, interfaces &
conversions;
Assist in the review and testing of
the system configuration;
Actively participate in the full
implementation of the Accela
Automation solution.
2 Individuals, 30
Hours 40 Hours
Technical Lead
Responsibilities include:
Primary responsibility for the
technical environment during the
software implementation;
Ensure that servers, databases,
network, desktops, printers, are
available for system
40 Hours 5 Hours
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implementation and meet minimum
standards;
Work with Byrne technical
personnel during implementation;
Maintain test and production
databases;
Perform day-to-day maintenance of
the system and install maintenance
releases;
Act as the primary technical
resource for troubleshooting
problems;
Establish and maintain backup,
archival, and other customary
maintenance and housekeeping
activities.
Report Developer
Responsibilities include:
Understanding reporting needs of
Agency
Ability to write or amend reports as
the Agency’s report needs grow
40 Hours during
reporting phase
of project
20-40
Hours
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BYRNE RESOURCES
Byrne will assign key Professional Services resources for this engagement with Agency. These individuals are well
versed in the Accela Civic Platform application and are professionally qualified to lead this effort. Byrne’s Project
Manager shall assume full responsibility for the coordination of this team and its interaction with key Agency
resources assigned to the effort. The main roles are as follows:
Byrne Resources Description
Project Executive
The Project Executive oversees the project’s progress/direction and works with the
Project Manager to ensure efficiency, consistency and quality in delivery of Accela
implementations. The Project Executive actively participates in a project
director/executive role. The Project Executive will meet with Agency Executives
monthly or upon request throughout the duration of the project.
Project Manager
The Byrne Project Manager is responsible for the overall project management and
works directly with the client throughout all aspects of Accela implementations: from
the initial scoping, planning, staffing to delivery. The Project Manager undertakes
the project administration tasks including:
Project plan management,
Change order management,
Issue log management and escalation,
Status reporting,
Project workspace management,
Resources management,
Work plan management,
Meetings management,
Project review with Project Executive.
In addition, the Project Manager will actively participate in leading the System
Configuration Analysis sessions and will be responsible for the creation of the
System Configuration Document.
Senior Implementation
Consultant
The Senior Implementation Consultant assigned to the project will have major
experience in the business process as well as the product functionality and is
responsible for:
Business analysis activities: Mapping the client’s business processes and
requirements to the functionality of Accela’s products and the creation of
solution design,
Leading system configuration activities,
Providing training/mentoring to agency staff,
Recommend industry best practices to agency to enhance business
processes,
Guide agency on how best to configure the system based on past
experiences and software expertise.
Implementation
Consultant
Implementation Consultant resources support the project and typically focus on the
CAowing tasks.
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The configuration of the system to match the System Configuration
document.
Build activities within the project, such as conversion data mapping,
creation of reports and interface specification.
Technical Consultant
Byrne Technical Consultants are involved in all areas that require knowledge of
server-side considerations and Accela add-on products such as:
Application installation and setup (Accela Automation, Accela GIS, Accela
Wireless, and Accela Citizen Access),
Report definition and creation,
Event Manager Script definition and programming,
Database Conversions and data mapping assistance,
Interface specifications and development.
Training Consultant Training Consultants are responsible for Accela Training classes with assistance
from Implementation consultants, depending on the nature of the specific project.
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APPENDIX B – ACCELA IMPLEMENTATION METHODOLOGY
Byrne will deliver its Services to the Agency by employing the methodology detailed in this section. This is a proven
methodology that guides the project from inception to deployment, thereby increasing the chances of successfully
implementing Accela software products. Project delivery through execution of this Implementation Life Cycle is
described below.
IMPLEMENTATION LIFE CYCLE
Thorough execution of these six stages ensures that Accela customers receive high -quality services throughout the
project engagement.
Figure 1 - Accela Methodology
As illustrated in the figure above, the stages of project delivery CAow in linear direction, although many tasks run in
parallel as appropriate to avoid unnecessary project delays. Each stage has pre-defined objectives, tasks and
associated deliverables. Depending on the exact scope of the project, a full complement or subset of all available
deliverables will be delivered through the services defined for the project. Employing this deliverables-based
approach ensures that Byrne and the Agency understand the composition and ‘downstream’ impact of each project
deliverable to ensure the project is delivered with quality and in a timely manner.
INITIATION
Initiation represents the first stage in the lifecycle. During this stage, project contracts and the SOW are
finalized, project scope and objectives are reviewed, and project planning activities and deliverables are
completed.
ANALYSIS
Analysis is the second stage in the lifecycle. During the Analysis stage, Byrne reviews existing agency
documentation, interviews agency staff, and conducts workshops to understand the “To-Be” vision of the
Agency that can be executed with the aid of Accela Automation. It is during this Phase that Byrne gains a
deeper understanding of Agency processes and business rules; simultaneously, the Agency begins to gain
a deeper understanding of the methodology and Accela Automation capabilities. A key output of this Phase
is the To-Be Analysis Document(s) which serve as the ‘foundation’ for configuration of Accela Automation to
support germane elements of the Agency “To-Be” vision. Supplementing the To-Be Analysis Document(s)
are all other configuration specifications documents related to data conversion, interfaces, reports, and
event scripts.
SOLUTION FOUNDATION
Solution Foundation is the third stage in the lifecycle. It begins upon completion of Stage 2 and should be
completed prior to the next stage, Build. During the Solution Foundation stage, Accela Automation will be
built to match the to-be processes agreed to in the Analysis stage. Essential to this effort is the
configuration of the Record (Case, Application, Permit, Work Order, etc.) types that were agreed to during
the Analysis phase.
BUILD
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Build serves as the fourth stage in the lifecycle, and execution of this stage overlaps Configuration, but ends
after Configuration is complete. During the Build stage, all defined elements during the Analysis stage
beyond the Solution Foundation will be implemented. This includes conversions, event scripts, interfaces
and reports.
READINESS
Readiness is the fifth stage in the lifecycle. During the Readiness stage Accela Automation is fully tested,
errors are identified, documented and corrected. Additionally, the solution is prepared for deployment. In
addition, system administrators and end users are trained so that all appropriate agency staff members are
prepared to use and maintain the software once the move to production occurs.
DEPLOY
Deploy is the sixth and final stage in the lifecycle. During the Deploy stage the applications are moved to
production; all requisite pre-production activities are identified, tracked and completed, and post -production
analysis and review is completed. Upon moving to production, the Accela Automation applications are
transitioned to the Accela Customer Resource Center (‘CRC”) for ongoing support. A formal transition will
occur between the Services team and the CRC that instructs the agency on available c ommunication
channels (telephone, email, and online tracking system) and use of the Accela knowledge base. Lastly, all
documented issues or enhancement requests will be transitioned from the Services team to the Customer
Resource Center.
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APPENDIX C – DELIVERABLE ACCEPTANCE FORM
Date:
Agency Name:
Approving Agency Manager:
Byrne Manager:
Project Name / Code:
Contract / Agreement #:
Agency agrees that Byrne has successfully completed the following Deliverables:
Deliverable #
Source /
Reference
Details
Service
Agreement
Agency agrees that Byrne has successfully completed the Deliverables described above in accordance with the terms of the related
Contract/Agreement.
Agency Name
Signature
Title
Date
Sign and fax this document to:
Byrne Software Technologies, Inc.
YOUR NAME
YOUR TITLE
Tel:
Email this document as an
attachment to:
YOUR EMAILOR
Please acknowledge acceptance by:
A B
APPROVALS:
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APPENDIX D – CHANGE ORDER
SAMPLE CHANGE ORDER – PAGE 1
Agency: CO #:
Project Code: Date:
Contract #/ PO #:
Initiating Department:
Initiated By:
Change Category: Product Project Contract Maintenance
PROJECT CHANGE DESCRIPTION/TASK SUMMARY:
1. Log File
Issue details / scope impact:
Schedule impact:
Resource impact:
Cost impact:
Total Project Schedule Impact:
Total Project Resource Impact:
Total Project Cost Impact:
DISPOSITION COMMENTS:
Disposition: Approved Rejected Closed See Comments
Date:
Accepted By:
Agency
Accepted By:
Byrne Software Technologies, Inc.
By: By:
Print Name: Print Name:
Title: Title:
Date: Date:
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APPENDIX E – DETAILED SCOPE
WORK DESCRIPTION
The following section describes the specific activities and tasks that will be executed to meet the business objectives
and business requirements of the Agency. In support of the implementation effort as described above, Byrne
Software will provide the following detailed implementation services. For each deliverable, a description is provided
as well as criteria for acceptance of the deliverable.
STAGE 1 – INITIATION
DELIVERABLE 1: PROJECT INITIATION
Project initiation is an opportunity to ensure the project starts in a well-organized, structured fashion while re-
confirming the Agency and Byrne expectations regarding the implementation. This Deliverable is compr ised of
project planning activities, core project management documents and templates and the first meeting conducted
between the Agency and Byrne after the signing of the Statement of Work.
In conjunction with the Agency representatives, Byrne will perfor m the following tasks:
1. Finalize staffing for the project teams.
2. Conduct a formal Kickoff meeting. The objective of this meeting is to review the purpose of the project and
discuss the project scope, roles and responsibilities, deliverables, and timeline.
3. Provide Accela standard Project Status Report Template format.
4. Finalize and document formal deliverable signoff procedures, identify team members that will be responsible
for signoff from the Agency and Byrne.
5. Finalize an integrated baseline project plan that includes resource allocation for all tasks (in cooperation with
the Agency Project Manager).
The Project Kickoff Meeting includes a formal presentation by the project team to review project objectives,
methodology, timeline, roles and responsibilities, risks, and other key project elements with project stakeholders.
In terms of specific output, the following will be executed for this deliverable:
Baseline Project Plan
Project Status Report Template
Project Kickoff Presentation
Setup of Cannabis Module
Setup of Cannabis Licensing
Up to 20 hours
Byrne Responsibilities:
Provide timely and appropriate responses to Agency’s request for information.
Coordinate project planning activities.
Communicate the Accela Implementation Methodology that will be used by Byrne to deliver Services.
Complete Baseline Project Plan, Project Status Report Template, and Project Kickoff Presentation
deliverables with input from appropriate Agency resources.
Work with the Fresno IT staff and Accela Support and Sales staff to setup the software licensing in the
existing Test, Development and Production environments.
Agency Responsibilities:
Identify and set expectations with key resources and subject matter experts for ongoing participation in the
project.
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Provide timely and appropriate responses to Byrne’s requests for project planning input and meeting
logistics requests.
Provide meeting facilities for Project Kickoff and other onsite activities.
Include Project Sponsor in Project Kickoff Meeting.
Provide suitable Agency facilities to accommodate training.
Ensure that users are proficient in using PCs in a Windows environment as a prerequisite for the training.
Ensure that users are familiar with use of standard Internet browsers as a prerequisite for the training.
Acceptance Criteria:
Review and acceptance of the Project Status Report Template
Review and acceptance of the Baseline Project Plan
Completion of the Project Kickoff Meeting
Demonstrate Access to Cannabis module in the Test and Development Environments
STAGE 2 – BEST PRACTICE ANALYSIS
Best Practice Analysis is comprised of the activities required to define the Accela Automation Solution Foundation for
the Agency.
DELIVERABLE 2: RECORD TYPE GAP ANALYSIS SESSIONS (UP TO 40
HOURS)
Byrne will work closely with designated Agency personnel and will conduct analysis sessions to capture and align
Accela Civic Apps with Agency business processes. A part of the process mapping is to grou p “like” processes
together to assist in streamlining the analysis and minimize redundancy. Byrne will allocate 40 hours to this effort,
additional efforts required outside this scope can be addressed via the Change Order process.
In terms of specific output, the following will be executed for this deliverable:
Best Practice Business Process Gap Analysis document.
Byrne has allotted up to 40 hours to this effort
Byrne Responsibilities:
Provide timely and appropriate responses to the Agency’s request for information.
Conduct meetings via email, web conference, phone, and in person to gather and validate analysis.
Create Gap Analysis documents for each record type for Agency approval.
Agency Responsibilities:
Provide timely and appropriate responses to Byrne’s requests for information.
Make available the appropriate Agency key staff.
Provide any existing fee schedules and other pertinent document samples.
Schedule participants and meeting locations for analysis activities.
Acceptance Criteria:
Completion of To Be Gap Analysis documents for Best Practice Record Types to be configured.
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STAGE 3 – SOLUTION FOUNDATION
DELIVERABLE 4: RECORD TYPE CONFIGURATION (UP TO 60 HOURS)
Byrne resources will update the Accela Civic Apps based on the gap analysis documents produced during analysis
sessions and approved by the Agency. Byrne has allotted up to 60 hours to this effort, additional efforts required
outside this scope can be addressed via the Change Order process.
The following list provides examples of the types of updates that may be required;
Add or rename existing fields in order to account for Agency business processes and/or data conversion
mapping.
Define and create user accounts with associated user groups/security access.
Updates to existing workflows as needed
Updates to existing system dropdown fields
Updates and creation of Agency specific fee schedules
Updates and creation of Agency specific inspection types and guide sheets/checklists
Other areas as defined
In terms of specific output, the following will be executed for this deliverable:
Byrne has allotted up to 60 Hours to this effort.
Byrne Responsibilities:
Provide timely and appropriate responses to Agency’s request for information.
Interview staff in order to understand existing business processes.
Conduct requested sessions to capture the required business processes to be automated within the system.
Conduct meetings via email, web conference, phone, and in person to complete required consulting.
Agency Responsibilities:
Provide timely and appropriate responses to Byrne’s requests for information.
Make available the appropriate Agency key users and content experts to provide required information,
participate in the configuration analysis and verify the accuracy of the documented workCAows, input/output
formats, and data elements.
Provide any existing business process documentation, including process CAows; fee schedules; commonly
used applications, reports and forms; and other relevant information
Schedule participants and meeting locations for analysis activities.
Acceptance Criteria:
Demonstrate record configuration of Record Type, Fees, Workflow, Intake forms and any other base
components that are configured in accordance with the specification documents.
DELIVERABLE 4: ACCELA CITIZEN ACCESS (ACA) CONFIGURATION
This deliverable includes setup and configuration of the Agency municipal website branding and up to 30 hours for
configuration to the citizen portal pages to make the pages more in line with the Agency processes per the standard
package solutions. Distinct updates to the citizen portal pages include, adding a page flow component, like
attachments to an existing defined page flow setup, updating the section instructional text with agency language,
including descriptive help instructions for specific agency defined data fields, or updating the online disclaimer text.
Each update to the citizen portals and sections are considered a single action change.
In terms of specific output, the following will be executed for this deliverable:
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Byrne Software Responsibilities:
Provide timely and appropriate responses to Agency’s request for information.
Setup Citizen Access branding by loading one banner file provided by the Agency
Configure the citizen portal pages, based on Agency feedback, not to exceed 90 hours for this effort
Verify the loaded citizen access branding, citizen portal pages and sections updated and payment
acceptance in environment, based on Agency feedback.
Agency Responsibilities:
Provide timely and appropriate responses to Byrne Software’s requests for information.
Provide website branding files, which include the top and side banner
Arrange for the availability of appropriate Agency staff to review the branding on Citizen Access
Agency staff must provide web branding
Agency staff must review and test all Citizen Access configuration and provide feedback to Byrne Software
based on the agreed upon project plan timeline
o Any additional changes identified during review and testing beyond the scope identified above may be
subject to a Change Order request
Schedule appropriate Agency staff participants and meeting locations for activities.
Acceptance Criteria:
Verify the operational Citizen Access functionality such as login/logout, the updated citizen portal pages and
sections, and payment acceptance
DELIVERABLE 5: ACCELA MOBILE APPS CONFIGURATION
Byrne will configure the Accela Mobile Gateway (up to 8 hours) for the Agency to utilize the standard Accela Mobile
App and ensure the Cannabis module is added to the app. Byrne will train Agency staff on the features of the
Gateway and Agency Admin Portal.
In terms of specific output, the following will be executed for this deliverable:
a) Accela Mobile App Sign On
b) Demonstration of Cannabis module activities in the Mobile App
Byrne Responsibilities:
Set up Accela Mobile Gateway
Configure Accela Mobile Gateway to work with Accela standard mobile devices
Acceptance Criteria:
Login in to the Accela Mobile App under the Agency name and view Cannabis data
Acceptance Review Period:
Ten (10) business days total
STAGE 4 – BUILD
The Build stage includes data conversions, development of interfaces, development of all Business Process
Validation and Automation (Event Manager Scripts and Expressions) configuration of add-on products and custom
report development. It comprises all of the additional activities outside of solution foundation that are required to
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complete the total solution for the Agency. Similar to the Configuration Stage, it is critical that appropriate agency
representatives are involved in each step of the process to ensure success.
DELIVERABLE 6: AUTOMATION AND BUSINESS RULES SCRIPTING
SCRIPTING UP TO 120 HOURS)
During the configuration analysis phase of the implementation project, Byrne will identify opportunities to supplement
the Accela Automation base functionality via Event Manager Script Engine (EMSE) scripts and Expression Builder in
order to validate and automate business processes. Byrne will work with Agency to identify desired functionality, and
subsequently will assist with prioritizing the needs in order to determine that will be developed by Byrne within the
scope of this implementation. The Business Process Validation and Automation developed by Accela can be used
as models whereby agency staff can develop and modify additional functionality as needed.
Business Process Validation and Automation is broken out into two functional areas of the Accela solution, as
defined below:
EMSE (Event Manager Scripting Engine) – used to script based on system activities, such as a before or
after event, which allow the system to automate activities (example: do not allow an inspection to be
scheduled prior to a specific workCAow task, or auto-calculate and invoice a fee upon application submittal)
Expression Builder – used to script form-based interactions that occur prior to triggering and event or
master script activity (example: auto-population form-based data fields based on user-selected values)
Prior to the development, the Agency will approve a design specification document that will be created jointly by the
Agency and Byrne. The approved document will be used as a basis for determining completion and approval of the
deliverable.
In terms of specific output, the following will be executed for this deliverable:
Prioritized list of requirements that require Automation
Specification documents for each required Automation
Demonstration of completed Automations in development or test environments per the specifications
document(s)
Byrne has allotted up to 120 hours for this effort
Byrne Responsibilities:
Work with Agency staff to identify potential uses of scripting
Assist with development of list of desired functionality
Aid the Agency in prioritizing which scripts will be developed by Byrne
Develop scripts based on the specifications
Demonstrate functionality of scripts per specifications
Agency Responsibilities:
Allocate the time for qualified business and technical experts for the script requirements sessions that are
critical to the project success
Identify resources that will learn scripting tools and approaches for ongoing maintenance
Prioritize desired functionality to determine which scripts Byrne will develop
Provide timely and appropriate responses to Byrne’s request for information
Verify the Script Specification meets the intended business requirement
Allocate the time for qualified personnel to test the script for acceptance
Acceptance Criteria:
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Review and acceptance of design document with written sign-off from the Agency
Demonstration of all developed script within the system to the Agency
DELIVERABLE 7: REPORT DEVELOPMENT (UP TO 100 HOURS)
Byrne will work with the agency to determine requirements, create specification documents, and develop reports as
needed to support the business process. Reports include tabular reports, letters, permits and any other printable
output from the system. The reporting tool will be limited to the tools currently supported by the Accela SaaS model
and the tool used will be identified in the specification. Reports will only be developed once specification documents
are approved by the agency. Byrne has allotted up to 100 hours to this effort. Additional efforts required outside this
scope can be addressed via the Change Order process.
In terms of specific output, the following will be executed for this deliverable:
Report requirement analysis sessions
Create report specifications
Develop reports using the available tools on the Accela SaaS platform
Demonstration of the completed report in the development environment
Byrne has allotted up to 100 Hours to this effort.
Byrne Responsibilities:
Work with Agency staff to identify reporting needs
Create specifications for each report
Develop the report to run from the Accela back office or ACA
Agency Responsibilities:
Allocate the time for qualified business and technical experts for the report requirements sessions that are
critical to the project success
Review all specification documents within 5 business days
Acceptance Criteria:
Review report in Accela with sign-off from the Agency
DELIVERABLE 8: ESRI INTEGRATION
Byrne will work with key staff from both the Cannabis department and GIS administrators to leverage the current
GIS/ESRI maps to extend the functionality of Accela and export key permit and licenses data back to the GIS
databases.
In terms of specific output, the following will be executed for th ese deliverables:
Specifications Document
Provide Dynamic Themes scripting within Accela
Provide Proximity Alerts using GIS data points
Create export files to transmit data back to GIS for display in maps and layers
Byrne Responsibilities:
Provide timely and appropriate responses to Agency’s request for information.
Conduct Interface Analysis sessions.
Work with Agency staff to develop interface specifications document.
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Use an Accela web service or other tool to implement the interface functionality based on the specifications.
Build all aspects of the interface that interact directly with the Accela Automation.
Agency Responsibilities:
Provide timely and appropriate responses to Byrne’s request for information.
Provide system and access to individuals to provide required details of system interface.
Allocate the time for qualified business and technical experts for the testing sessions that are critical to the
project success.
Identify and coordinate any related tools used to implement the interface (3rd party or in-house
development).
Assist in the interface specification development and data mapping process.
Review and approve the interface specification documents.
Work with Third Party Data Sources to determine best methods of interfacing to Accela system.
Validate interface through testing.
Work with 3rd party to ensure data from Accela is in correct format.
Updates to interface, post go-live, due to changes in 3rd party system or Agency business processes.
Acceptance Criteria:
Review and approve the Interface Specifications document.
Demonstration and approval of the completed interface as per the requirements detailed in the interface
specifications document in the Test or Dev environment.
Acceptance Review Period:
Ten (10) business days total
DELIVERABLE 9: PEOPLESOFT FINANCIALS INTEGRATION
Byrne will leverage the existing PeopleSoft integration to provide export files specifically for the Cannabis module
payment activities. Byrne has allotted up to 40 hours for specifications, configurations, testing and deployment.
In terms of specific output, the following will be executed for th ese deliverables:
Specifications Document
Update the existing PeopleSoft interface to include Cannabis
Create export files to transmit data back to the PeopleSoft middleware solution currently in place
Byrne Responsibilities:
Provide timely and appropriate responses to Agency’s request for information.
Conduct Interface Analysis sessions.
Work with Agency staff to develop interface specifications document.
Use an Accela web service or other tool to implement the interface functionality based on the specifications.
Build all aspects of the interface that interact directly with the Accela Automation.
Agency Responsibilities:
Provide timely and appropriate responses to Byrne’s request for information.
Provide system and access to individuals to provide required details of system interface.
Allocate the time for qualified business and technical experts for the testing sessions that are critical to the
project success.
Identify and coordinate any related tools used to implement the interface (3rd party or in -house
development).
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Assist in the interface specification development and data mapping process.
Review and approve the interface specification documents.
Work with Third Party Data Sources to determine best methods of interfacing to Accela system.
Validate interface through testing.
Work with 3rd party to ensure data from Accela is in correct format.
Updates to interface, post go-live, due to changes in 3rd party system or Agency business processes.
Acceptance Criteria:
Review and approve the Interface Specifications document.
Demonstration and approval of the completed interface as per the requirements detailed in the interface
specifications document in the Test or Dev environment.
Acceptance Review Period:
Ten (10) business days total
STAGE 5 – READINESS
DELIVERABLE 10: TRAINING
Byrne will provide training for Agency staff that focuses on the administration, maintenance, and augmentation of its
Accela Automation configuration. Our aim at Byrne is to educate Agency resources on all aspects of Accela
Automation in an effort to ensure the Agency is self-sufficient. This allows the Agency to best react to changing
requirements and ongoing maintenance, which can allow the Agency to be reactive and significantly reduce system
maintenance costs over time.
In terms of specific output, the following will be executed for this deliverable:
Accela Core Team Training (1 day) remote training
Accela Automation Admin Usage (1 day) remote training
Accela Automation End User (Includes ACA Usage) (1.5 days), remote, up to 20 students
Accela Ad-hoc Report training (0.5 day), remote training
Byrne has allotted up to 80 hours for this effort
Byrne Responsibilities:
Coordinate with the Agency to define training schedule and logistics.
Deliver training per the specific requirements listed above.
Agency Responsibilities:
Select and prepare the power-users who will be participating in the training and subsequently training end
users.
Arrange the time and qualified people for the training who are critical to the project s uccess.
Provide suitable Agency facilities to accommodate various training classes.
Ensure that users are proficient in using PCs in a Windows environment as a prerequisite for the course.
Ensure that users are familiar with use of standard Internet browsers as a prerequisite for the course.
Acceptance Criteria:
Execution of listed training courses.
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DELIVERABLE 11: USER ACCEPTANCE TESTING (UAT)
This deliverable is comprised of the assistance Byrne will provide to allow the Agency to accept that the solut ion
meets the requirements as documented in all the deliverables. Byrne will assist the Agency in the testing and
validation of the solution and its readiness to be migrated to production for active use and will assist in transferring
the solution and any required data from Support to Production.
Byrne will provide support for training, oversight, answering questions and addressing issues discovered in User
Acceptance Testing. It should be noted that it is critical that the Agency devote ample time and resources to his
effort to ensure that the system is operating per signed specifications and ready for the move to production. The
testing effort will require a significant time investment by the Agency, and coordination of resources is critical. At this
point in the implementation process, the Agency should test individual components of functionality of the solution
i.e., functional and/or unit testing), and also test to ensure that the interrelated parts of the Accela Automation
solution are operating properly (i.e., integration testing).
Byrne will provide assistance to the Agency as needed by providing User Acceptance Testing (UAT) support and a
defined testing process. Byrne will address and rectify issues discovered during the UAT process as Agency staff
executes testing activities. Byrne will work with the Agency to develop a test plan, as well as an issue log to track the
progress of testing. It should be noted that Byrne will plan for a total of 1 week to complete this deliverable.
Byrne will work diligently with Agency to ensure adequate time and staffing to UAT in order to completely test the
solution and provide several opportunities for the Agency to add additional staff and time to this effort before
recommending a postponement or delay.
In terms of specific output, the following will be executed for this deliverable:
Resolution of issues resulting from Agency User Acceptance Testing
Fully tested system that is ready to move to production for go-live
Byrne has allotted up to 60 hours for this effort
Byrne Responsibilities:
Provide recommendations on testing strategy and best practices.
Lead the Agency in up to 3 weeks of User Acceptance testing effort and the validation of the system
configuration and its readiness to be migrated to production for active use.
Resolution of issues as a result of User Acceptance Testing activities.
Agency Responsibilities:
Provide timely and appropriate responses to Byrne’s request for information.
Make available the appropriate Agency key users and content experts to participate in user acceptance
testing as defined and managed by Agency.
Develop the User Acceptance test scripts.
Utilize the use cases documented in each Configuration Document Deliverable as the basis for the
acceptance of this Deliverable.
Acceptance Criteria:
Completion of up to 40 hours of UAT
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STAGE 6 – DEPLOY
DELIVERABLE 12: PRODUCTION STAND-UP SUPPORT
This deliverable is comprised of the post- Production support assistance that Byrne will provide to address issues
and provide consultative advice immediately following the move to Production for daily use. Byrne will provide
support immediately following deployment (go-live).
Byrne will work with the Agency to identify and address issues identified during this period using a Postproduction
Issues List. This list will be comprised of issues related to the defined deliverables listed in this SOW, which will be
addressed by Byrne, as well as any other issues that the Agency wishes to track (outside of scope, phase 2, etc.).
Examples of issues the Agency is responsible for include training issues, functional changes beyond the scope of this
Statement of Work, cosmetic changes, and procedures related to the use of Accela Automation. Specifically, Byrne
will not be developing or creating additional reports, conversions, interfaces, record types and workflow processes
that were not included in the scope of this project during post deployment support.
At the end of the support period, Byrne will provide a final copy of the issue tracker to the customer and disable the
list. Additionally, a formal meeting will be scheduled with the Agency, Byrne Services Team, and Accela Support for
the purpose of transitioning support of future issues and question from the Agency to Accela Support.
In terms of specific output, the following will be executed for this deliverable:
Move all configurations, scripting and reports to the Production environment
Remote support as needed, for a duration of 2 weeks, up to 40 hours post Go Live.
Transition of Agency from Services team to Accela Support for ongoing support
Byrne Responsibilities:
Provide post-production support for Accela developed configuration and components
Assist with the identification of issues for the Postproduction Issues List
Assist with issues that may arise related to the deliverables in this SOW
Transfer ongoing support of the client and to the Accela Support to address any postproduction issues that
require remediation
Agency Responsibilities:
Provide technical and functional user support for post-production support and monitoring
Develop and maintain a Postproduction Issues List
Provide timely and appropriate responses to Accela’s request for information
Make available the appropriate Agency key users and content experts to participate in user acceptance
testing as defined and managed by Agency
Acceptance Criteria:
Demonstrate all approved configurations, scripting and reports are working in the Production environment
Execution of up to 40 hours of Go Live, post-Production support for transition to Accela Support, during a 2-
week duration
Official transfer from the Byrne Services project team to Accela Support.
END OF DOCUMENT
City of Fresno – Accela Implementation
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ATTACHMENT 3. PROPOSAL COSTS / BILLING TERMS
All services are provided on a time and material basis plus any out -of-pocket expenses, unless documented in this
SOW. Estimates given are not considered as a fixed bid unless specifically stated as such, in writing, by Byrne
Software. The Agency will only be charged for the time spent to complete; if additional hours are required a change
order must be first approved by the agency. Byrne Software bills weekly for services provided the previous week.
Billing terms are Net 30; a 1.5% penalty per month will be assessed for any delinquent payments.
CONTRACT SUM
The total amount payable under this Agreement is $62,060.00 (plus travel expenses – if applicable).
With knowledge of city staff experience and skill set of the Accela Platform, our initial estimate based on standard
implementation tasks performed by Byrne Staff has been adjusted to reflect a combined / assisted implementation
effort with City of Fresno staff.
Item
Number
Deliverable Name
Estimated
Hours
Estimated Cost
Possble
Reductio
n
Impact
Revised
Hours
Total Cost with
Agency Assistance
1 PROJECT INITIATION 20 $2,900.00
2
RECORD TYPE ANALYSIS SESSIONS
37 Records)
40 $5,800.00
3
CONFIGURATION (37 Records,
Module setup, Security)
60 $8,700.00
4
ACA CONFIGURATION, assuming
using existing (Module, help text
and security setup)
30 $4,350.00
5 Accela Mobile Configuration 8 $1,160.00
6
AUTOMATION AND BUSINESS
RULES
120 $17,400.00 -
60
7 REPORT DEVELOPMENT 100 $14,500.00 -100
8
ESRI INTEGRATION (Additional
Layers, Dynamic Themes,
Proximity Alerts)
30 $4,350.00
9
PeopleSoft Integration Update
Add Cannabis to existing
PeopleSoft Integration)
40 $5,800.00
10
TRAINING (ADMIN, END-USER, AD-
HOC, CORE TEAM, BI REPORTING)
80 $11,600.00
40
11
USER ACCEPTANCE TESTING
UAT)
40 $5,800.00
12
PRODUCTION STAND-UP AND
POST DEPLOYMENT SUPPORT (2
weeks) SUPPORT
80 $11,600.00
40
13 PROJECT MANAGEMENT 30 $4,350.00 -10
TOTAL 678 $98,310.00 -90 -160 428 $62,060.00
Original Quote from SOW 3.28.22 - Byrne Implementation
Adjusted Quote 10.25.22
Agency and Byrne Impelentation Effort
City of Fresno – Accela Implementation
Cannabis Licensing and Permitting
The estimated fees for this SOW are predicated on the timely completion of project milestones. However, should
completion of milestones slip due to actions of Agency, and should this slippage result in material effort to Byrne
more than the hours provided for in this document, Byrne will produce a change order at a rate of $145.00 per hour
for additional hours in support of the scope and deliverables contained herein. Any change order will need to be
approved by both Agency and Byrne. Change orders will need to be approved within three business days of delivery
to avoid a halt of work on the engagement.
PAYMENT ASSUMPTIONS
General
Invoices are due net 30 of the invoice date.
EXPENSES
Travel is not anticipated during this implementation. However, if travel is requested, only reasonable and customary
travel expenses incurred during the performance of services under this SOW will be billed to the Agency. Agency will
approve travel expenses before they occur in the form of a purchase order.
Byrne Software Etech IK Consulting TruePoint Solutions
Total Cost of Project $62,060 $52,500 $46,630 $69,930
Selection Criteria Rankings Byrne Software Etech IK Consulting TruePoint Solutions
Jennifer Ruiz 1 3 4 2
Ed Smith 1 4 3 2
Kristine Longoria 1 4 3 2
Steve Deedon 1 4 3 2
Average Ranking 1 3.75 3.25 2
Rank 1-4 with 1 being highest.
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-50 Agenda Date:2/9/2023 Agenda #:
1.-L.
REPORT TO THE CITY COUNCIL
FROM:BRYON HORN, Chief Information Officer
Information Services Department
BY:DENNIS JONES, Systems & Applications Manager
Information Services Department
SUBJECT
Approve Project Change Request to the agreement with Tyler Technologies for implementation and
hosting of Financials, Human Capital Management and Utility Billing software. No additional funding
is requested.
RECOMMENDATION
Staff recommends the City Council approve the Project Change Request to the agreement with Tyler
Technologies for implementation and hosting of Financials, Human Capital Management and Utility
Billing software. No additional funding is requested.
EXECUTIVE SUMMARY
This Project Change Request removes the scope of work for Koa Hills. Koa Hills is a Tyler partner
and was to provide services to convert PeopleSoft data to Munis. This change of scope reallocates
those funds within the project to be used on additional consultant hours for continued work on the
Financials phase and some toward travel expenses.
151,000 originally designated for work with Koa Hills will be reallocated with $88,800 going toward
additional implementation consultant hours and $62,200 reallocated for travel expenses.
BACKGROUND
On January 28, 2021, Council approved an agreement with Tyler Technologies. A first amendment
was approved on April 29, 2021. During the project, it was determined that services defined for data
conversion with Koa Hills were no longer needed as the work could be done more efficiently by ISD
staff. This Project Change Request removes the scope of work for Koa Hills and reallocates those
funds within the project to be used on additional consultant hours for continued work on the
Financials phase and some toward travel expenses.
151,000 originally designated for work with Koa Hills will be reallocated with $88,800 going toward
City of Fresno Printed on 2/10/2023Page1of2
powered by Legistar™
NE / MA 6-0
2/9/2023
MK Absent.
Approved on Consent
File #:ID 23-50 Agenda Date:2/9/2023 Agenda #:
1.-L.
additional implementation consultant hours and $62,200 reallocated for travel expenses.
ENVIRONMENTAL FINDINGS
The approval of this agreement is not a project for the purposes of the California Environmental
Quality Act.
LOCAL PREFERENCE
Local preference is not applicable as this is a change to an existing agreement.
FISCAL IMPACT
There is no additional cost or monetary impact as a result of this amendment to the agreement.
Attachments:
Project Change Request
Additional Services
City of Fresno Printed on 2/10/2023Page2of2
powered by Legistar™
Tyl Tyler Technologies
Y Project Change Request
Client Name: City of Fresno, CA Change Req. Number PCR-COF-0001
Client Project Manager: Dennis Jones Requested By (Name): Dennis Jones
Tyler Project Manager: Karen Lowe Request Date: 12/07/2022
X Place an “X” in this box if client has a Statement of Work included in the contract indicating that this change may
require review by the Tyler Contracts team
Description of Proposed Change
Client is requesting a removal of the below listed Services item and then funds will re-allocated Implementation
days and Travel Expenses budget line items:
The items to be removed are as follows:
1. KOA Hills Data Migration Leadership FIN/HCM – $90,000
2. KOA Hills Data Migration Leadership Utility Billing - $61,000
Total being removed = $151,000
The items to be added are as follows:
1. 480 hours which equates to 60 Implementation days - $88,800
2. Increase Travel Budget Line Item – $62,200
Total being added (reclassified) = $151,000
Impact on Project Scope
Project Scope was reduced by the interaction between Tyler, City of Fresno and 3 rd Party Vendors
Impact on Project Schedule
N/A
Impact on Project Resources
City of Fresno Resources will retain ownership of extracting, providing and verifying conversion data files versus
subletting it out to KOA Hills.
Impact on Current Milestones and Payment Schedules
2
N/A
Impact on Project Goals and Objectives
N/A
Impact on Project Budget
Training/Impl Conversion Forms Development Testing Other
See Below
Budget Comments
No Overall Change to Overall Project Budget Totals/ Reallocation of Dollars from 3rd Party Services to Travel
Expenses Budget. The amount being reallocated is $151,000
Client Project Manager: Date:
Client Project Sponsor: Date:
Client Project Manager Comments
Tyler Project Manager: Karen A Lowe Date: 11/04/2022
Tyler Project Manager Comments
2022-368434-Z5Z7L5 CONFIDENTIAL Page 1
Quoted By:Jennifer Wahlbrink
Quote Expiration:04/24/23
Quote Name:City of Fresno-EERP-Additional
Services
Quote Description: 12-7-22 City of Fresno, CA -
Additional Services
Sales Quotation For:
City of Fresno
2600 Fresno St
Fresno CA 93721-3601
Phone: +1 (559) 621-4636
Professional Services
Description Quantity Unit Price Ext Discount
Extended
Price Maintenance
Additional Implementation Hours 480 $ 185.00 $ 0.00 $ 88,800.00 $ 0.00
TOTAL $ 88,800.00 $ 0.00
Summary One Time Fees Recurring Fees
Total Tyler License Fees $ 0.00 $ 0.00
Total SaaS $ 0.00 $ 0.00
Total Tyler Services $ 88,800.00 $ 0.00
2022-368434-Z5Z7L5 CONFIDENTIAL Page 2
Total Third-Party Hardware, Software, Services $ 0.00 $ 0.00
Summary Total $ 88,800.00 $ 0.00
Contract Total $ 88,800.00
Estimated Travel Expenses excl in Contract
Total $ 9,000.00
Unless otherwise indicated in the contract or amendment thereto, pricing for optional items will be held
For six (6) months from the Quote date or the Effective Date of the Contract, whichever is later.
Customer Approval:Date:
Print Name:P.O.#:
All Primary values quoted in US Dollars
Comments
Client agrees that items in this sales quotation are, upon Client's signature or approval of same, hereby added to the existing agreement ("Agreement")
between the parties and subject to its terms. Additionally, payment for said items, as applicable but subject to any listed assumptions herein, shall
conform to the following terms:
License fees for Tyler and third party software are invoiced upon the earlier of (i) deliver of the license key or (ii) when Tyler makes such
software available for download by the Client;
Fees for hardware are invoiced upon delivery;
Fees for year one of hardware maintenance are invoiced upon delivery of the hardware;
Annual Maintenance and Support fees, SaaS fees, Hosting fees, and Subscription fees are first payable when Tyler makes the software available
for download by the Client (for Maintenance) or on the first day of the month following the date this quotation was signed (for SaaS, Hosting,
and Subscription), and any such fees are prorated to align with the applicable term under the Agreement, with renewals invoiced annually
thereafter in accord with the Agreement.
2022-368434-Z5Z7L5 CONFIDENTIAL Page 3
Fees for services included in this sales quotation shall be invoiced as indicated below.
Implementation and other professional services fees shall be invoiced as delivered.
Fixed-fee Business Process Consulting services shall be invoiced 50% upon delivery of the Best Practice Recommendations, by module,
and 50% upon delivery of custom desktop procedures, by module.
Fixed-fee conversions are invoiced 50% upon initial delivery of the converted data, by conversion option, and 50% upon Client
acceptance to load the converted data into Live/Production environment, by conversion option. Where conversions are quoted as
estimated, Tyler will invoice Client the actual services delivered on a time and materials basis.
Except as otherwise provided, other fixed price services are invoiced upon complete delivery of the service. For the avoidance of doubt,
where "Project Planning Services" are provided, payment shall be invoiced upon delivery of the Implementation Planning document.
Dedicated Project Management services, if any, will be invoiced monthly in arrears, beginning on the first day of the month immediately
following initiation of project planning.
If Client has purchased any change management services, those services will be invoiced in accordance with the Agreement.
Notwithstanding anything to the contrary stated above, the following payment terms shall apply to services fees specifically for
migrations: Tyler will invoice Client 50% of any Migration Fees listed above upon Client approval of the product suite migration
schedule. The remaining 50%, by line item, will be billed upon the go-live of the applicable product suite. Tyler will invoice Client for any
Project Management Fees listed above upon the go-live of the first product suite. Unless otherwise indicated on this Sales quotation,
annual services will be invoiced in advance, for annual terms commencing on the date this sales quotation is signed by the Client. If
listed annual service(s) is an addition to the same service presently existing under the Agreement, the first term of the added annual
service will be prorated to expire coterminous with the existing annual term for the service, with renewals to occur as indicated in the
Agreement.
Expenses associated with onsite services are invoiced as incurred.
Tyler's quote contains estimates of the amount of services needed, based on our preliminary understanding of the scope, level of engagement,
and timeline as defined in the Statement of Work (SOW) for your project. The actual amount of services required may vary, based on these
factors.
Tyler's pricing is based on the scope of proposed products and services contracted from Tyler. Should portions of the scope of products or
services be altered by the Client, Tyler reserves the right to adjust prices for the remaining scope accordingly.
Unless otherwise noted, prices submitted in the quote do not include travel expenses incurred in accordance with Tyler's then-current Business
Travel Policy.
Tyler's prices do not include applicable local, city or federal sales, use excise, personal property or other similar taxes or duties, which you are
responsible for determining and remitting. Installations are completed remotely but can be done onsite upon request at an additional cost.
In the event Client cancels services less than two (2) weeks in advance, Client is liable to Tyler for (i) all non-refundable expenses incurred by
Tyler on Client's behalf; and (ii) daily fees associated with the cancelled services if Tyler is unable to re-assign its personnel.
2022-368434-Z5Z7L5 CONFIDENTIAL Page 4
The Implementation Hours included in this quote assume a work split effort of 70% Client and 30% Tyler.
Implementation Hours are scheduled and delivered in four (4) or eight (8) hour increments.
Tyler provides onsite training for a maximum of 12 people per class. In the event that more than 12 users wish to participate in a training class or
more than one occurrence of a class is needed, Tyler will either provide additional days at then-current rates for training or Tyler will utilize a
Train-the-Trainer approach whereby the client designated attendees of the initial training can thereafter train the remaining users.
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-226 Agenda Date:2/9/2023 Agenda #:
1.-M.
REPORT TO THE CITY COUNCIL
FROM:BRYON HORN, Chief Information Officer
Information Services Department
BY:DENNIS JONES, Information Services Manager
Information Services Department]
SUBJECT
Approve a cooperative purchase agreement with DLT Solutions using a Maricopa County, AZ
contract through OMNIA Partners for support services for Oracle databases in the amount of
368,176.56.
RECOMMENDATION
Staff recommends that City Council approve a cooperative purchase agreement through DLT
Solutions for support services for Oracle databases in the amount of $368,176.56, to be renewed
annually for five years with annual CPI increases not to exceed 10% over the prior year.
EXECUTIVE SUMMARY
The Information Services Department (ISD) is responsible for supporting the City’s data/databases
including technical support, patches, fixes and upgrade rights. These services cover database and
related products that the City owns and uses including PeopleSoft, GIS as well as other departmental
applications that are used by Fire, Police, Fleet, FAX, Risk and Airports. Annual support fees are
appropriated in the FY23 ISD budget. Utilizing the cooperative contract has been determined to be
the best way for the City to ensure the best value and consistent pricing over time.
BACKGROUND
On February 16, 2017, Council approved the renewal of the Oracle Public Sector Technical Support
Services Agreement for $303,285.75 per year and authorized the Chief Information Officer to execute
related documents. The agreement allowed for an annual fee increase of 3% per year for five years
not to exceed a yearly amount of $355,000.
On February 10, 2022, Council approved a one year cooperative purchase agreement with DLT
Solutions using a Maricopa County, AZ contract through OMNIA Partners in the amount of
348,762.83 for support services for Oracle databases.
City of Fresno Printed on 2/10/2023Page1of2
powered by Legistar™
2/9/2023
NE / MA 6-0
MK Absent.
Approved on Consent
File #:ID 23-226 Agenda Date:2/9/2023 Agenda #:
1.-M.
The City purchased Oracle database and related software in 2004, which requires vendor technical
support as well as entitlement to patches, fixes and software updates. The Agreement has a history
of three to five year terms and requires renewal of the Agreement at the end of the term. The
database software covered by this Agreement includes City core services such as PeopleSoft
Financials, PeopleSoft Human Resources, GIS and applications for Fire, Police, Fleet, FAX, Risk and
Airports.
The City Attorney’s Office has reviewed and approved as to form.
ENVIRONMENTAL FINDINGS
This item is not a project as defined by the California Environmental Quality Act.
LOCAL PREFERENCE
Local preference not implemented because local preference is not applicable to cooperative
purchase agreements.
FISCAL IMPACT
Funding for this purchase is appropriated in the Fiscal Year 2023 Budget in the Systems Acquisition
and Maintenance Fund (54001/510501).
Attachments:
Cooperative Purchase Agreement
DLT Quote 2023
City of Fresno Printed on 2/10/2023Page2of2
powered by Legistar™
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EXHIBIT A
5)3#
Solicitation 180233 -RFP
ORACLE PRODUCTS AND SERVICES
Bid Designation: Public
Maricopa County
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B i d 180233 -RFP
ORACL E PRODUCTS AND SERVI CES
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A ttendanc e i s m andat o r y
Loc a tion: THERE W ILL BE A MANDATORY PRE -PROPOSAL CONFERENCE ON JUNE 6, 2018 AT
10:00 A M M ST, AT THE MARI COPA COUNTY OFFI CE OF PROCUREM ENT SERVI CES, 320 WEST
LINCOLN STREET, F I RST F L OOR CONFERENCE ROOM, PHOENIX, ARIZONA 85003. VENDORS
MAY PARK IN SPACES DESI GNATED FOR OPS. YOU MAY ALSO PARTI C IPATE VIA CONFERENCE
CALL BY D I A LING 602 -506 -9695 AND ENTERI NG PASS CODE 671693. VENDORS SHOUL D
MAKE EVERY EFFORT TO ATTEND IN PERSON.
B i d Comment s
Maricopa County (herein ³Lead Public Agency ´) on behalf of itself and all states, local
governments, school districts, higher education institutions, other government agencies and
nonprofit organizations in the United States of America (herein ³Participating Public Agencies´)
is soliciting proposals from qualified suppliers to enter into a Master Agreement for a complete
line of Oracle Products, Services and Solutions (herein ³Products and Services ´).
ALL PRODUCTS OFFERED MUST BE NEW, UNUSED, LATEST DESIGN AND TECHNOLOGY.
I t e m R esponse F o r m
WHP 180233 -RFP --01 -01 -ORACLE PRODUCTS AND SERVICES
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Pri ces are not request ed for thi s i t em.
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NOTICE OF SOLICITATION
SERIAL 180233-RFP
REQUEST FOR PROPOSAL FOR: ORACLE PRODUCTS AND SERVICES
Notice is hereby given that Maricopa County is conducting this request for proposals, electronically through an outside
agent, BidSync.com, until 2:00 P.M. MST on JUNE 26, 2018 for SERIAL #180233-REQUEST FOR PROPOSALS
FOR ORACLE PRODUCTS AND SERVICES.
To participate in this bidding process, vendors shall register through BidSync.com. To register with BidSync, please go to
www.BidSync.com) and click on the orange ‘Register’ link. Registration has no cost and will allow you to access all of
the bid information, bid documents, receive bid notifications, and submit a response. ONLY RESPONSES THAT ARE
SUBMITTED THROUGH BIDSYNC.COM WILL BE CONSIDERED FOR AWARD.
For assistance, please contact BidSync Vendor Support Department via phone or email, during regular business hours: 1-
800-990-9339 or (support@BidSync.com).
All responses shall be submitted electronically to BidSync.com prior to the bid closing. The bid will be listed under
180233-RFP REQUEST FOR PROPOSAL FOR ORACLE PRODUCTS AND SERVICES”.
The Maricopa County Procurement Code (“The Code”) governs this procurement and is incorporated by reference. Any
protest concerning this Request for Proposal must be filed with the Procurement Officer in accordance with Section MC1-
905 of the Code.
ALL ADMINISTRATIVE INFORMATION CONCERNING THIS REQUEST FOR PROPOSAL CAN BE
LOCATED AT (https://www.maricopa.gov/DocumentCenter/View/6453).
ANY ADDENDA TO THIS REQUEST FOR PROPOSAL WILL BE POSTED ON THE MARICOPA COUNTY
OFFICE OF PROCUREMENT SERVICES WEB SITE UNDER THE SOLICITATION SERIAL NUMBER. THIS
INFORMATION WILL ALSO BE POSTED ONLINE AT (WWW.BIDSYNC.COM).
FAILURE TO REVIEW ANY ADDENDA DOES NOT NEGATE YOUR INITIAL OFFER AND HOLDS THE
RESPONDENT RESPONSIBLE FOR ANY CHANGES PRIOR TO BID CLOSING.
DIRECT ALL INQUIRIES TO:
BRIAN WALSH
PROCUREMENT OFFICER
TELEPHONE: (602) 506-3243
EMAIL: WALSHB@MAIL.MARICOPA.GOV
THERE WILL BE A MANDATORY PRE-PROPOSAL CONFERENCE ON JUNE 6, 2018 AT 10:00 AM MST, AT
THE MARICOPA COUNTY OFFICE OF PROCUREMENT SERVICES, 320 WEST LINCOLN STREET, FIRST
FLOOR CONFERENCE ROOM, PHOENIX, ARIZONA 85003. VENDORS MAY PARK IN SPACES
DESIGNATED FOR OPS. YOU MAY ALSO PARTICIPATE VIA CONFERENCE CALL BY DIALING 602-506-
9695 AND ENTERING PASS CODE 671693. VENDORS SHOULD MAKE EVERY EFFORT TO ATTEND IN
PERSON.
NOTE: MARICOPA COUNTY PUBLISHES ITS SOLICITATIONS ONLINE AND THEY ARE AVAILABLE FOR
VIEWING AND/OR DOWNLOADING AT THE FOLLOWING INTERNET ADDRESS:
https://www.maricopa.gov/2191/Open-Solicitations
LG 5)30DULFRSDRXQW\
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SERIAL 180233-RFP
TABLE OF CONTENTS
NOTICE
TABLE OF CONTENTS
SECTIONS:
1.0 INTRODUCTION AND BACKGROUND
2.0 SCOPE OF WORK
3.0 PROCUREMENT REQUIREMENTS
4.0 TERMS AND CONDITIONS
5.0 INSTRUCTIONS
ATTACHMENTS:
ATTACHMENT A PRICING
ATTACHMENT B AGREEMENT/SIGNATURE PAGE
ATTACHMENT C REFERENCES
ATTACHMENT D US COMMUNITIES (APPENDIXES, THESE SHALL BE COMPLETED, SIGNED AS
APPROPRIATE AND RETURNED WITH THE RESPONSE).
1. SUPPLIER QUALIFICATIONS
2. US COMMUNITIES ADMINISTRATION AGREEMENT INFORMATION
3. SUPPLIER WORKSHEET
4. NEW SUPPLIER IMPLEMENTATION CHECKLIST
5. SUPPLIER INFORMATION
EXHIBITS:
EXHIBIT 1 BIDSYNC REGISTRATION AND ELECTRONIC SUBMISSION INSTRUCTIONS
EXHIBIT 2 LETTER OF TRANSMITTAL SAMPLE
EXHIBIT 3 OFFICE OF PROCUREMENT SERVICES CONTRACTOR TRAVEL AND PER
DIEM POLICY
EXHIBIT 4 DRAFT CONTRACT
EXHIBIT 5 INSURANCE CERTIFICATE EXAMPLE
LG 5)30DULFRSDRXQW\
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SERIAL 180233-RFP
EXHIBIT 6 MASTER INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT
MICPA)
EXHIBIT 7 U.S. COMMUNITIES ADMINISTRATION AGREEMENT
EXHIBIT 8 STATE NOTICE ADDENDUM
EXHIBIT 9 FEMA STANDARD TERMS AND CONDITIONS ADDENDUM
EXHIBIT 10 COMMUNITY DEVELOPMENT BLOCK GRANT ADDENDUM
EXHIBIT 11 UNIFORM ADMINISTRATIVE GUIDANCE
EXHIBIT 12 ORACLE SOFTWARE TERMS AND CONDITIONS
EXHIBIT 13 ORACLE CLOUD SERVICES TERMS AND CONDITIONS
EXHIBIT 14 ORACLE HARDWARE TERMS AND CONDITIONS
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SERIAL 180233-RFP
REQUEST FOR PROPOSAL FOR: ORACLE PRODUCTS AND SERVICES
1.0 INTRODUCTION AND BACKGROUND
1.1 MASTER AGREEMENT
Maricopa County (herein “Lead Public Agency”) on behalf of itself and all states, local
governments, school districts, higher education institutions, other government agencies and
nonprofit organizations in the United States of America (herein “Participating Public Agencies”)
is soliciting proposals from qualified suppliers to enter into a Master Agreement for a complete
line of Oracle Products, Services and Solutions (herein “Products and Services”).
ALL PRODUCTS OFFERED MUST BE NEW, UNUSED, LATEST DESIGN AND
TECHNOLOGY.
1.2 OBJECTIVES
1.2.1 Provide a comprehensive competitively solicited Master Agreement offering Products
and Services to Participating Public Agencies;
1.2.2 Establish the Master Agreement as a Supplier’s primary offering to Participating Public
Agencies;
1.2.3 Achieve cost savings for Suppliers and Participating Public Agencies through a single
competitive solicitation process that eliminates the need for multiple bids or proposals;
1.2.4 Combine the volumes of Participating Public Agencies to achieve cost effective pricing;
1.2.5 Reduce the administrative and overhead costs of Suppliers and Participating Public
Agencies through state of the art ordering and delivery systems;
1.2.6 Provide Participating Public Agencies with environmentally responsible products and
services.
1.3 GENERAL DEFINITION OF PRODUCTS AND/OR SERVICES
Oracle Products, Services and Solutions: Offerors are to propose the broadest possible
selection of Oracle Products, Services and Solutions they offer. The intent of this solicitation is to
provide Participating Public Agencies with products, services and solutions to meet their various
needs. Therefore, the Offerors should have demonstrated experience in providing the Products,
Services and Solutions as defined in this RFP, including but not limited to:
1.3.1 Perpetual Licenses – applications, database and options, business intelligent,
middleware and any other perpetual license offered by Oracle.
1.3.2 Engineered Systems – integrated software and hardware systems offered by Oracle.
1.3.3 Hardware, Servers, Storage and Networking - any servers, storage and networking
products offered by Oracle.
1.3.4 Cloud Services – Software as a Service (SaaS), Platform as a Service (PaaS), and
Infrastructure as a Service (IaaS) offered by Oracle.
1.3.5 Consulting/Professional Services – Consulting and integration services relating to
Oracle products and services.
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1.3.6 Technical Support Services and/or Maintenance Support Services – telephone
technical support, premier support for systems and any other support services available
from Oracle for license and hardware.
1.3.7 Oracle Training and University Products - Any related Oracle training including
instructor lead classes and self-guided learning paths.
1.3.8 Financing Services– Financing services for orders and solutions.
1.4 U.S. COMMUNITIES
U.S. Communities Government Purchasing Alliance (herein “U.S. Communities”) helps
Participating Public Agencies reduce the cost of purchased goods through strategic sourcing that
combines the purchasing power of public agencies nationwide. This is accomplished through an
award of competitively solicited contracts for high quality products and services by large and well
recognized public agencies (herein “Lead Public Agencies”). The contracts are available for use
by the Lead Public Agency and, also, by other Participating Public Agencies.
1.4.1 National Sponsors
U.S. Communities is jointly sponsored by the National Association of Counties (NACo),
the National League of Cities (NLC), the Association of School Business Officials
International (ASBO), the United States Conference of Mayors (USCM) and the National
Governors Association (NGA) (herein “National Sponsors”).
1.4.2 Advisory Board
The U.S. Communities Advisory Board is made up of key government purchasing officials
from across the United States.
Each Advisory Board Member is expected to actively participate in solicitations,
participate in policy direction, and share expertise and purchasing innovations.
Current U.S. Communities Advisory Board Members
Auburn University, AL Great Valley School District, PA
Beaverton School District, OR Harford County Public Schools, MD
City and County of Denver, CO Hennepin County, MN
City of Charlotte, NC Los Angeles County, CA
City of Chicago, IL Maricopa County, AZ
City of El Paso, TX Miami-Dade County, FL
City of Houston, TX North Carolina State University, NC
City of Kansas City, MO Onondaga County, NY
City of Los Angeles, CA Port of Portland, OR
City of Ocean City, NJ Prince William County Schools, VA
City of Seattle, WA San Diego Unified School District, CA
Cobb County, GA State of Iowa, IA
Denver Public Schools, CO State of Louisiana, LA
Emory University, GA The Ohio State University, OH
Fairfax County, VA The School District of Collier County
Fresno Unified School District, CA
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1.4.3 Participating Public Agencies
Today more than 55,000 public agencies utilize U.S. Communities contracts and suppliers
to procure over $2.7 Billion Dollars in products and services annually. Each month more
than 500 new users register to participate. The continuing rapid growth of public agency
participation is fueled by the Program's proven track record of providing unparalleled
value to public agencies.
The Supplier(s) must communicate directly with any Participating Public Agency
concerning the placement of orders, issuance of the purchase order, contractual disputes,
invoicing, and payment.
Maricopa County is acting as "Contracting Agent" for the Participating Public Agencies
and shall not be held liable for any costs, damages, expenses, fees, liabilities, etc. incurred
by any other Participating Public Agency.
Each Participating Public Agency enters into a Master Intergovernmental Cooperative
Purchasing Agreement (MICPA) outlining the terms and conditions that allow access to
the Lead Public Agencies’ Master Agreements. Under the terms of the MICPA, the
procurement by the Participating Public Agency shall be construed to be in accordance
with, and governed by, the laws of the state in which the Participating Public Agency
resides. A copy of the MICPA is attached as Exhibit 3.
1.4.4 Estimated Volume
The estimated dollar volume of Products and Services purchased under the proposed
Master Agreement is $250 Million Dollars annually. This estimate is based on the
anticipated volume of the Lead Public Agency, the U.S. Communities Advisory Board
members, and current sales within the U.S. Communities program. While there is no
minimum quantity of products required to be purchased under the proposed Master
Agreement, Maricopa County and the U.S. Communities Advisory Board Members are
committed to utilizing the Master Agreement. The Advisory Board members shall
determine if the Master Agreement is of value to their agency, and will promote the
Master Agreement among other public agencies nationwide. The Advisory Board in 2017
purchased more than $168 Million Dollars of products and services from existing U.S.
Communities contracts.
1.4.5 Marketing Support
U. S. Communities provides marketing support for each Supplier’s products through the
following:
x National Sponsors as referenced above,
x Over 90 State and Regional Sponsors,
x Sales and marketing personnel that directly promote the U.S. Communities Suppliers
to Participating Public Agencies through public agency meetings, webinars, direct
mail, email, online and print advertising, social media, articles, and exhibiting and
presenting at national and local trade shows.
x U.S. Communities provides Suppliers government sales training and a host of
marketing and sales management tools to effectively increase sales through U.S.
Communities.
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1.4.6 Evaluation of Proposals
Proposals will be evaluated by the Lead Public Agency in accordance with, and subject to,
the relevant statutes, ordinances, rules and regulations that govern its procurement
practices.
U.S. Communities Advisory Board members and other Participating Public Agencies will
assist the Lead Public Agency in evaluating proposals. The Supplier(s) that respond(s)
affirmatively and meets the requirements of this Request for Proposal and provides the
best overall value will be eligible for a contract award. U.S. Communities reserves the
right to make available or not make available Master Agreements awarded by a Lead
Public Agency to Participating Public Agencies.
1.5 INTENT:
This solicitation is to establish a nationwide purchasing agreement for the acquisition of Oracle
products, services and solutions. The category descriptive examples in Section 2.2 are not to be
considered restrictive, but rather, provide a general, non-inclusive, description of the category.
The intent is for each Proposer to submit its complete Oracle offering so that Participating Public
Agencies may order a wide array of products and services as appropriate for their needs.
Other governmental entities under agreement with the County may have access to products or
services provided hereunder (see Sections 3.21, 3.22 and Exhibit 6, MICPA.)
The County reserves the right to add additional contractors, at the County’s sole discretion, in
cases where the currently listed contractors are of an insufficient number or skill-set to satisfy the
County’s needs or to ensure adequate competition on any project or task order work
The County reserves the right to award in whole or in part, by item or group of items, by section
or geographic area, or make multiple awards, where such action serves the County’s best interest.
2.0 SCOPE OF WORK:
2.1 Mandatory Qualifications:
To be eligible for this contract any proposer shall meet the following:
2.1.1 Be a member of the Oracle Partner Network at the Platinum level. Responses should
include confirmation from Oracle’s Government Resell Programs Group that they are
authorized to create a contract in response to this RFP with Oracle offerings, that the
membership in the Oracle Partner Network in good standing, that they have the required
Master Distribution Agreement and Public Sector Addendum in place, and that they offer
multiple lines of Oracle products and services.
2.1.2 Represent, sell, and service all the Oracle Products listed below (Section 2.2);
2.1.3 Be able to service local governments, states, school districts, and higher education
institutions in the United States of America, and other governmental agencies and
nonprofit organizations;
2.1.4 Have the resources to work with multiple entities at the same time;
2.1.5 Throughout the life of this contract, the successful Offeror will maintain expertise,
resources and capabilities to:
2.1.5.1 Provide commercial hardware, software, services and solutions as ordered
under the task order as a member of the Oracle Partner Network in good
standing with all required distribution agreements;
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2.1.5.2 Perform or have service delivery partners that can provide consulting,
assessment, design, integration, installation and management of
Services/Solutions at the task order level;
2.1.5.3 Perform a wide range of professional, technical support and engineering
Services/Solutions to support the mission and objectives of Maricopa County
and Participating Public Agencies as authorized buyers off this contract;
2.1.5.4 Provide maintenance support Services/Solutions
2.1.5.5 Provide project management support for each deliverable under the contract;
2.1.5.6 Provide project specific and overall contract performance reporting, as
required.
2.1.5.7 Provide on-going marketing of the contract by aligning and traveling with the
U.S Communities Program Managers, administrative and marketing personnel
engaged in directly promoting the contract to Participating Public Agencies
through agency meetings, direct mail, national publications, annual meetings
and other such activities.
2.2 PRODUCTS AND SERVICES REQUIRED:
2.2.1 Perpetual Licenses – applications, database and options, business intelligent,
middleware and any other perpetual license offered by Oracle.
2.2.2 Engineered Systems – integrated software and hardware systems offered by Oracle.
2.2.3 Hardware, Servers, Storage, and Networking - any servers, storage, and networking
products offered by Oracle.
2.2.4 Cloud Services – Software as a Service (SaaS), Platform as a Service (PaaS), and
Infrastructure as a Service (IaaS) offered by Oracle.
2.2.5 Consulting/Professional Services – Consulting and integration services relating to
Oracle products and services.
2.2.6 Technical Support Services and/or Maintenance Support Services – telephone
technical support, premier support for systems and any other support services available
from Oracle for license and hardware.
2.2.7 Oracle Training and University Products - Any related Oracle training including
instructor lead classes and self-guided learning paths.
2.2.8 Financing Services– Financing services for orders and solutions.
2.3 STAFF EXPERIENCE:
2.3.1 For Maricopa County, full-time and part-time staff, proposed consultants and
subcontractors who may be assigned direct work for this contract should be identified.
Information is required that will show the composition of the task or work group, specific
qualifications, and recent relevant experience. Special mention shall be made of direct
technical supervisors and key technical personnel, and approximate percentage of the
total time each will be available for this contract. The technical areas, character and
extent of participation by any subcontractor or consultant activity must be identified.
Resumes of staff and proposed consultants are required that will indicate education,
background, and recent relevant experience in providing Oracle Products, Services and
Solutions. Current contact information is to be included.
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2.3.2 Describe the credentials of staff and how they are certified and trained to provide the
products and services required in paragraph 2.2 for Participating Public Agencies.
2.3.3 Describe the number and type of staff your company proposes to service this contract, i.e.
technical, service, training, executive support, etc., and your hiring practices for such
positions for Participating Public Agencies.
2.3.4 Describe your methodology for training Participating Public Agency end users.
2.3.5 Describe your experience with managing major government projects.
2.4 FACILITIES:
During the course of this Contract, the County shall provide the Contractor’s personnel with
adequate workspace for consultants and such other related facilities as may be required by
Contractor to carry out its obligation enumerated herein.
2.5 TRAINING:
The Contractor shall provide a minimum of (To be determined for each Task Order) to completely
train County personnel in the use and care of the equipment.
2.6 WARRANTY:
2.6.1 The minimum warranty for products shall be 90-days, or the manufacturers' warranty,
whichever is greater. Warranty replacement shall be done at no additional cost to the
County. This includes special order or non-stock parts. Freight charges, transportation
charges, etc. are all incurred by the Contractor. The effective date on all warranties shall
commence upon the date of installation.
2.6.2 All items furnished under this Contract shall conform to the requirements of this Contract
and shall be free from defects in design, materials and workmanship.
2.6.3 The warranty period for workmanship shall be for an initial period of twelve (12) months
and commence upon acceptance by County.
2.6.4 The Contractor shall indicate on the Price Sheet the duration of the warranty and any
applicable limitations or conditions which may apply.
2.6.5 The Contractor agrees that he will, at his own expense, provide all labor and parts
required to remove, repair or replace, and reinstall any such defective workmanship
and/or materials which becomes or is found to be defective during the term of this
warranty. The Contractor shall guarantee the equipment to be supplied complies with all
applicable regulations.
2.6.6 Contractor shall respond to all warranty requests within 24-hours of notification.
2.7 ACCEPTANCE:
2.7.1 Perpetual Licenses – Software is made available via a web link provided by the
Licensor; there is no acceptance period for perpetual licenses.
2.7.2 Engineered Systems and Hardware - For Customer’s Initial purchase of each
Engineered Systems or Hardware the Contractor shall provide an acceptance test period
the “Test Period “) that commences upon Installation. Installation shall be defined as:
a.) the Equipment, if any, is mounted; b.) the Software is installed on the data base
server(s) and/or personal computer(s); and c.) implementation team training, if any, is
complete. During the Test Period, County shall determine whether the Equipment and
Software meet the Contractor published electronic documentation, (“Specifications”).
The Test Period shall be for at least ninety (90) calendar days, or as negotiated for that
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specific project. If County has not given Contractor a written deficiency statement
specifying how the Equipment or Software fails to meet the Specification (“Deficiency
Statement’) within the Test Period, the Equipment and Software shall be deemed
accepted. If County provides a Deficiency Statement within the Test Period, Contractor
shall have thirty (30) calendar days to correct the deficiency, and the Customer shall have
an additional sixty (60) calendar days to evaluate the Equipment and Software. If the
Equipment or Software does not meet the Specifications at the end of the second thirty
30) calendar day period, the County may terminate this Contract. Upon any such
termination, Contractor shall, at Contractor’s cost, remove all equipment and software
from County premises and equipment. County shall return all Equipment and Software to
Contractor, and Contractor shall refund any monies paid by County to Contractor. Upon
completion of these terms, neither party shall then have any further liability to the other
for the products that were the subject of the Acceptance Test.
2.7.3 Cloud Services – Cloud services are provisions via a web link provided by the cloud
service provider; there is no acceptance period for cloud services.
2.8 RETURN POLICY:
The Bidders shall state their return policy, time limitations, or restocking charges (if any) for such
returns. Products will not be accepted in damaged or broken/unsealed packages. Credit memos
shall be issued, in accordance with the Contractor’s return policy. If a restocking charge is
applied, the credit memo must reflect the full credit amount of each item returned and the
restocking charge shall be a separate line.
3.0 PROCUREMENT REQUIREMENTS:
3.1 DELIVERY:
3.1.1 Delivery shall be made within 48 hours after receipt of order (ARO)
3.1.2 Exceptions to delivery schedule will be special order items that must be identified.
3.1.3 Maricopa County reserves the right to obtain material on the open market in the event
Contractors fail to make delivery and charge any price differential to the Contractor.
3.1.4 Delivery shall be F.O.B. Destination, Freight Prepaid.
3.2 EXPEDITED DELIVERY:
3.2.1 If the Using Agency determines that rush shipping or other alternate shipping is required,
it shall notify the Contractor. The Contractor shall determine any additional costs
associated with such delivery terms and communicate that cost to the County.
3.2.2 The County shall not advise the Contractor to proceed with an expedited shipment until
acceptable terms are agreed upon and a purchase order is issued. Upon agreeing to the
additional costs, the Using Agency shall advise the Contractor to proceed.
3.2.3 Upon receipt of material(s) and invoicing, the County shall ensure that any additional
charges are in compliance with and do not exceed agreed to costs. The County shall
retain all documents related to these costs within the agency purchase file.
3.3 SHIPPING DOCUMENTS:
A packing list or other suitable shipping document shall accompany each shipment and shall
include the following:
3.3.1 Contract Serial number.
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3.3.2 Contractor’s name and address.
3.3.3 Using Agency name and address.
3.3.4 Using Agency purchase order number.
3.3.5 A description of product(s) shipped, including item number(s), quantity(ies), number of
containers and package number(s), as applicable.
3.4 PERFORMANCE:
It shall be the Contractor’s responsibility to meet the proposed performance requirements.
Maricopa County reserves the right to obtain services on the open market in the event the
Contractor fails to perform and any price differential will be charged against the Contractor.
3.5 SHIPPING CHARGES:
3.5.1 Shipping costs will be borne by the Contractor. FOB: Destination.
3.5.2 Exceptions to normal shipping charges:
Expedited freight will be pre-paid by the Contractor and added to invoice if the normal
shipping schedule does not meet County requirements. These requirements will be made in
writing to the contractor.
3.6 PACKAGING/PACKING:
Unless otherwise stated, commercial packages and packing, suitable for the type, size, and kind of
product, commonly used in the industry for the purpose, so constructed as to ensure acceptance
and safe delivery, at the lowest rate, to the point of delivery specified in the bid document is
acceptable.
3.7 OPERATING MANUALS:
Upon delivery, Contractor shall provide comprehensive operational manuals, service manuals and
schematic diagrams, if required by the Department. These may be provided in hard copy or
electronically.
3.8 INSTALLATION:
The Contractor’s price shall include delivery and installation of all equipment in a complete
operating condition.
3.9 INFRINGEMENT DEFENSE INDEMNIFICATION:
3.9.1 Defense and Indemnity: Contractor shall defend, Participate and Share in the Cost, as
defined below, in the full defense of the County against any Claim, as defined below, and
will indemnify and hold harmless the County as provided for in this Section for any
judgments, settlements and court awarded attorney’s fees resulting from a Claim where
the claimant is adjudged the successful party in the Claim. Contractor’s obligations under
this Section are conditioned on the following: (i) County promptly notifies Contractor of
the Claim in writing upon made aware of the Claim; (ii) County gives Contractor lead
authority and County being control of the defense and (if applicable) settlement of the
Claim, provided that County’s legal counsel may participate in such defense and
settlement, at County’s expense, and (iii) County provides all information and assistance
reasonably requested by Contractor to handle the defense or settlement of the Claim. For
purposes of this Section, “Claim” means any cause of action in a third party action, suit
or proceeding against County alleging that Contractor software, or its upgrades,
modifications, or revisions, as of its delivery date under this Agreement, infringes a valid
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U.S. patent, copyright or trademark. For the purposes of this section, “Participate and
Share in the Costs” means Contractor will assist the County in the defense of the claim,
to the extent agreed to by the parties, except that Contractor shall be solely responsible
for any and all costs adjudged in a successful Claim against the County.
3.9.2 Remedial Measures: If software becomes, or Contractor reasonably believes use of
software may become, the subject of a Claim, Contractor may, at its own expense and
option: (i) procure for County the right to continue use of the Product; (ii) replace or
modify the software; or to the extent that neither (i) nor (ii) are deemed commercially
practicable, (iii) refund to County a pro-rated portion of the applicable fees for software
based on a linear depreciation monthly over 10 year useful life, in which case County will
cease all use of software and return it to Contractor.
3.9.2.1 Exceptions: Contractor will have no defense or indemnity obligation for any
Claim based on: (i) modifications by someone other than Contractor; (ii)
software has been modified by Contractor in accordance with County-provided
specifications or instructions; (iii) use or combination by the County of software
with Third Party Products, open source or freeware technology; (iv) Third Party
Products, open source or freeware technology; (v) a product that is used or
located by County in a country other than the country in which or for which it
was supplied by Contractor; (vi) possession or use of a product after Contractor
has informed County of modifications or changes required to avoid such Claim
and offered to implement those modifications or changes, if such Claim would
have been avoided by implementation of Contractor's suggestions and to the
extent County did not provide Contractor with a reasonable opportunity to
implement Contractor's suggestions; or (vii) the amount of revenue or profits
earned or other value obtained by the use of Products, or the amount of use of
the Products. “Third Party Products” means any products made by a party other
than Contractor, and may include, without limitation, products ordered by
County from third parties. However, components of Contractor branded
Products are not Third Party Products if they are both: (i) embedded in Third
Party Products (i.e., not recognizable as standalone items); and (ii) not identified
as separate items on Contractor’s price list, quotes, order specifications forms or
Documentation.
3.9.3 The foregoing states Contractor’s entire liability, and County’s sole and exclusi ve remedy
except as provided at law or equity, with respect to any infringement or misappropriate of
any intellectual property rights of another party.
3.10 SOURCE CODE ESCROW REQUIREMENT (IF APPLICABLE):
3.10.1 The Contractor shall provide all source code and any updates or fixes for the Contractor
Commercial Off the Shelf (“COTS”) application software that Maricopa County has
purchased from Contractor for safekeeping with a mutually acceptable escrow agent
within thirty (30) days of award. The software source deposited with the escrow agent
will be a snapshot of all source code maintained by Contractor in the form of a Microsoft
Visual Source Safe Archive. In this way, as beneficiary of the escrow agreement between
Contractor and escrow agent, Maricopa County will have access to all source code of the
products that they license for all versions of the software. Furthermore, the escrowed
code shall include all code specifically developed for Maricopa County including, but not
limited to: interfaces, Extraction-Transformation-Loading (ETL) routines for data
conversion, and all custom code. Upon taking possession of the source code, Maricopa
County will have the right to use the source for products that they license in the versions
currently installed on the System or any subsequent versions in the archive. Contractor
will make a deposit of the Source Safe Archive with the escrow agent upon the release of
version release or once every six (6) months, whichever occurs first.
3.10.2 Maricopa County hereby agrees to pay the yearly standard fee for a beneficiary of the
source code.
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3.10.3 Maricopa County shall have access to the source code in the event any of the following
circumstances:
3.10.3.1 the sale, assignment, or transfer to any third party of any of Contractor’s rights
in the licensed product (or any portion thereof) if such sale, assignment, or
transfer would prevent Contractor from fully performing any of its obligations
under any agreement with Maricopa County;
3.10.3.2 Contractor becomes insolvent or commits any affirmative act of insolvency, or
generally fails to pay, or admits in writing its inability to pay, debts as they
become due, makes a general assignment for the benefit of creditors, files a
voluntary petition of bankruptcy, suffers or permits the appointment of a
receiver for its business or assets, becomes subject to any proceeding under, or
case in, any bankruptcy or insolvency law, or Contractor takes any action to
authorize, or in the furtherance of, any of the foregoing;
3.10.3.3 Contractor discontinues providing full support and maintenance services for the
licensed product in accordance with its obligations pursuant to any agreement
with Maricopa County;
3.10.3.4 Contractor has ceased to do business or improperly refuses to provide any
services pursuant to any agreement with Maricopa County;
3.10.3.5 Contractor has breached (and if subject to a cure period, has not cured such
breach within such period) any material term or condition of any agreement with
Maricopa County;
3.10.3.6 Any change of control of Contractor or Contractor’s parent company, where
such party is acquired, directly or indirectly, in a single transaction or series of
related transactions, or all or substantially all of the assets of such party are
acquired by any entity, or such party is merged with or into another entity to
form a new entity; or
3.10.3.7 Any other circumstance in which Maricopa County is entitled to access or use
the applicable deposit materials (including, but not limited to, the source code)
under the express terms of any agreement between Contractor and Maricopa
County.
3.10.4 Upon Maricopa County taking possession of the source code, Maricopa County hereby
agrees as follows:
3.10.4.1 Maricopa County accepts full and total responsibility for the safekeeping of the
source code. Maricopa County agrees that such source code shall be subject to
the restrictions of transfer, sale, and reproduction placed on the software itself as
stated in the software license signed by all parties.
3.10.4.2 Maricopa County agrees to only use source code related to applications for
which they own a license. There will be source from other applications in the
archive.
3.10.4.3 Maricopa County agrees, if so ordered by a court of competent jurisdiction, to
compensate Contractor for any and all damages Contractor suffers, to include
reasonable attorney’s fees, resulting directly or indirectly from, but not limited
to, the mishandling, misuse, or theft of the source code, regardless of intent, or
the absence thereof, by Maricopa County, its employees, agents and third party
contractors.
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3.10.4.4 No license under any trademark, patent, copyright, or any other intellectual
property right, is either granted or implied by the disclosure of the source code
to Maricopa County. The Contractor’s disclosure of the source code to
Maricopa County shall not constitute any representation, warranty, assurance,
guarantee or inducement by the Contractor to Maricopa County of any kind,
and, in particular, with respect to the non-infringement of trademarks, patents,
copyrights, or any other intellectual property rights, or other rights of third
persons or of Contractor.
3.10.4.5 Contractor will not be responsible for maintaining the source code.
Furthermore, Contractor will not be liable for any consequences related to the
use of source code modified by Maricopa County.
3.11 CONTRACTOR EMPLOYEE MANAGEMENT:
3.11.1 Contractor shall endeavor to maintain the personnel proposed in their proposal
throughout the performance of this Contract. In the event that Contractor personnel’s
employment status changes, Contractor shall provide County a list of proposed
candidates with equivalent experience. Under no circumstances is it acceptable for the
implementation schedule to be impacted by a personnel change on the part of the
Contractor.
3.11.2 Contractor shall not reassign any key personnel without the express consent of the
County.
3.11.3 County reserves the right to immediately remove from its premises any Contractor
personnel it determines is a risk to County operations.
3.11.4 County reserves the right to request the replacement of Contractor personnel at any time,
for any reason. Said requested removal shall not be subject to part 3.9.1 of this section.
3.12 TRAINING:
The Contractor shall provide training services as needed, depending on the product or service
purchased, to completely train County personnel in the use and care of the equipment. All training
shall take place on-site at Maricopa County.
3.13 MAINTENANCE:
The Contractor shall provide for maintenance under this Contract upon acceptance of materials by
the Department.
3.14 FACTORY AUTHORIZED SERVICE AVAILABILITY:
The Contractor shall have and maintain a local factory authorized service facility within the
Phoenix, Arizona metropolitan area. The facility shall be capable of supplying and installing
component parts, troubleshooting, repairing and maintaining the material(s). Minimum service
hours shall be from 8:00 A.M. through 5:00 P.M., MST, Monday through Friday.
3.15 USAGE REPORT:
The Contractor shall furnish the County a usage report, upon request, delineating the acquisition
activity governed by the Contract. The format of the report shall be approved by the County and
shall disclose the quantity and dollar value of each contract item by individual unit.
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3.16 BACKGROUND CHECK:
Bidders/proposers need to be aware that there may be multiple background checks (Sheriff’s
Office, County Attorney's Office, Courts as well as Maricopa County general government) to
determine if the respondent is acceptable to do business with the County. This applies to (but is
not limited to) the company, subcontractors and employees and the failure to pass these checks
shall deem the respondent non-responsible.
3.17 INVOICES AND PAYMENTS:
3.17.1 The Contractor shall submit one (1) legible copy of their detailed invoice before
payment(s) can be made. Incomplete invoices will not be processed. At a minimum, the
invoice must provide the following information:
Company name, address and contact
County bill-to name and contact information
Contract Serial Number
County purchase order number
Invoice number and date
Payment terms
Date of service or delivery
Quantity (number of days or weeks)
Contract Item number(s)
Description of Purchase (product or services)
Pricing per unit of purchase
Freight (if applicable)
Extended price
Arrival and completion time (if applicable)
Total Amount Due
3.17.2 Problems regarding billing or invoicing shall be directed to the Department as listed on
the Purchase Order.
3.17.3 Payment shall only be made to the Contractor by Accounts Payable through the Maricopa
County Vendor Express Payment Program. This is an Electronic Funds Transfer (EFT)
process. After Contract Award the Contractor shall complete the Vendor Registration
Form located on the County Department of Finance Vendor Registration Web Site
http://www.maricopa.gov/922/Vendors).
3.17.4 Discounts offered in the contract shall be calculated based on the date a properly
completed invoice is received by the County.
3.17.5 EFT payments to the routing and account numbers designated by the Contractor will
include the details on the specific invoices that the payment covers. The Contractor is
required to discuss remittance delivery capabilities with their designated financial
institution for access to those details.
3.18 APPLICABLE TAXES:
3.18.1 Payment of Taxes: The Contractor shall pay all applicable taxes. With respect to any
installation labor on items that are not attached to real property performed by Contractor
under the terms of this Contract, the installation labor cost and the gross receipts for
materials provided shall be listed separately on the Contractor’s invoices.
3.18.2 State and Local Transaction Privilege Taxes: To the extent any State and local transaction
privilege taxes apply to sales made under the terms of this contract it is the responsibility
of the seller to collect and remit all applicable taxes to the proper taxing jurisdiction of
authority.
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3.18.3 Tax Indemnification: Contractor and all subcontractors shall pay all Federal, State, and
local taxes applicable to its operation and any persons employed by the Contractor.
Contractor shall, and require all subcontractors to hold Maricopa County harmless from
any responsibility for taxes, damages and interest, if applicable, contributions required
under Federal, and/or State and local laws and regulations, and any other costs including;
transaction privilege taxes, unemployment compensation insurance, Social Security, and
Worker’s Compensation.
3.19 TAX (SERVICES):
No tax shall be invoiced or paid against Contractor’s labor. It is the responsibility of the
Contractor to determine any and all applicable taxes and include the cost in the proposal price.
3.20 TAX (COMMODITIES):
Tax shall not be invoiced against Contractor’s labor. It is the responsibility of the Contractor to
determine any and all applicable taxes and include the tax percentage in their proposal.
3.21 STRATEGIC ALLIANCE for VOLUME EXPENDITURES ($AVE):
The County is a member of the $AVE cooperative purchasing group. $AVE includes the State of
Arizona, many Phoenix metropolitan area municipalities, and many K-12 unified school districts.
Under the $AVE Cooperative Purchasing Agreement, and with the concurrence of the successful
Respondent under this solicitation, a member of $AVE may access a contract resulting from a
solicitation issued by the County. If you do not want to grant such access to a member of $AVE,
please so state in your proposal. In the absence of a statement to the contrary, the County will
assume that you do wish to grant access to any contract that may result from this Request for
Proposal.
3.22 INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENTS (ICPA’s):
County currently holds ICPA’s with numerous governmental entities. These agreements allow
those entities, with the approval of the Contractor, to purchase their requirements under the terms
and conditions of the County Contract. It is the responsibility of the non-County government
entity to perform its own due diligence on the acceptability of the Contract under its procurement
rules, processes and procedures.
3.23 POST AWARD MEETING:
The Contractor may be required to attend a post-award meeting with the Department to discuss the
terms and conditions of this Contract. This meeting will be coordinated by the Procurement Officer of
the Contract.
3.24 ISRAEL BOYCOTT:
By submitting this proposal the Contractor certifies that they are in compliance with Article 9,
A.R.S. § 35-393 et seq.
3.25 CONFIDENTIALITY:
In the course of the solicitation process, the County may disclose information that is proprietary or
confidential. By submitting a proposal to the solicitation, the offeror agrees that, except as
necessary to prepare a response to this solicitation, neither it nor its agents or employees will
communicate, divulge or disseminate to any third party-persons or entities, any information that is
disclosed to it by the County during the course of these discussions without the express written
authorization of the County. If the offeror does disclose County proprietary or confidential
information to a third party in preparing a response to this solicitation, it shall require the third
party to acknowledge and comply with this provision.
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3.26 PUBLIC RECORDS:
Under Arizona law, all Offers submitted and opened are public records and must be retained by
the Records Manager at the Office of Procurement Services. Offers shall be open to public
inspection and copying after Contract award and execution, except for such Offers or sections
thereof determined to contain proprietary or confidential information by the Office of Procurement
Services. If an Offeror believes that information in its Offer or any resulting Contract should not
be released in response to a public record request under Arizona law, the Offeror shall indicate the
specific information deemed confidential or proprietary and submit a statement with its offer
detailing the reasons that the information should not be disclosed. Such reasons shall include the
specific harm or prejudice which may arise from disclosure. The Records Manager of the Office of
Procurement Services shall determine whether the identified information is confidential pursuant
to the Maricopa County Procurement Code.
4.0 CONTRACTUAL AND SPECIAL TERMS & CONDITIONS:
4.1 DRAFT CONTRACT SEE EXHIBIT 4:
5.0 INSTRUCTIONS TO RESPONDENTS: (Please note that this Section does not
become part of any resultant contract.)
Proposers are solely responsible for submitting proposals, and any modifications or withdrawals, to be
received at the time and designated location required by the solicitation (RFP, or any other solicitation
notice).
Any proposal, modification, or withdrawal received after the designated time is “late” and will be rejected
and shall not be evaluated per Paragraph MC1-320 of the Maricopa County Procurement Code.
5.1 ESTIMATED SCHEDULE OF EVENTS:
Request for Proposals Issued: May 18, 2018
Pre-Proposal Conference: June 6, 2018 @ 10:00AM MST
Deadline for written questions is two (2) business days after Pre-Proposal Conference. Questions
will not be responded to prior to the Pre-Proposal Conference or after the two (2) business day
deadline has elapsed. All questions and answers shall be posted to (www.bidsync.com) under the
Q&A’s tab for the solicitation and must be received by the end of business, 5:00 PM MST.
Proposals Opening Date: June 26, 2018
Deadline for submission of proposals is 2:00 P.M., MST, on June 26, 2018. All proposals must be
received before 2:00 P.M., Arizona Time, on the date above via BidSync.com.
Proposed review of Proposals and short list decision: July 10-12th, 2018
Proposed Respondent presentations: (if required) August 1, 2018
Proposed selection and negotiation: August 15th, 2018
Proposed Best & Final (if required) August 20th, 2018
Proposed award of Contract: October, 2018
All responses to this Request for Proposal become the property of Maricopa County and (other
than pricing) will be held confidential, to the extent permissible by law. The County will not be
held accountable if material from proposal responses is obtained without the written consent of the
Respondent by parties other than the County.
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5.2 INQUIRIES AND NOTICES:
All inquiries concerning information herein shall be addressed to:
Maricopa County
Office of Procurement Services
ATTN: Contract Administration
320 West Lincoln Street
Phoenix, Arizona 85003
Administrative telephone inquiries shall be addressed to:
Brian Walsh, Senior Procurement Officer, 602/506-3243
walshb@mail.maricopa.gov)
Inquiries may be submitted by telephone but must be followed up in writing. No oral
communication is binding on Maricopa County.
5.3 INSTRUCTIONS FOR PREPARING AND SUBMITTING PROPOSALS:
Respondents shall submit their proposals electronically via the BidSync.com system in accordance
with Section 5.5 as follows:
x Respondents shall upload each response document individually.
x All documents must be uploaded in their native file format (Word, Excel, etc.).
x The following naming convention shall be utilized for each document: Vendor Name –
Document Name as indicated in section 5.5.
x In the event that the Respondent would like to request that certain documents be held
confidential, they need to have a name indicating confidential. Please see Exhibit 4 – Draft
Contract section 6.37 Public Records for more information.
x Proposals shall be signed by an owner, partner or corporate official who has been authorized
to make such commitments (Attachment B). All prices shall be held firm for a period of one
year after the RFP closing date.
5.4 GENERAL CONTENT:
5.4.1 The Proposal should be specific and complete in every detail. It should be practical and
provide a straightforward, concise delineation of capabilities to satisfactorily perform the
Contract being sought.
5.4.2 The Respondent should not necessarily limit the proposal to the performance of the
services in accordance with this Request for Proposal but should outline any additional
services and their costs if the Respondent deems them necessary to accomplish the
program.
5.5 FORMAT AND CONTENT:
To aid in the evaluation, it is desired that all proposals follow the same general format. The
proposal must be submitted electronically and have sections clearly labeled as below: (Responses
are limited to 150 pages, 10 point font type).
5.5.1 Letter of Transmittal (Exhibit 2)
5.5.2 Executive Summary – This section shall contain an outline of the general approach
utilized in the proposal.
5.5.3 Proposal – This section should contain a statement of all of the programs and services
proposed, including conclusions and generalized recommendations. Proposals should be
all-inclusive, detailing respondent’s best offer for all requirements in section 2.0 (Scope
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of Services should also include the confirmation that you are authorized partner as called
for in section 2.1.1.
5.5.4 Qualifications – This section shall describe the respondent’s ability and experience
related to the programs and services proposed. All project personnel, as applicable, shall
be listed including a description of assignments and responsibilities, a resume of
professional experience, an estimate of the time each would devote to this program, and
other pertinent information.
5.5.5 Proposal exceptions
5.5.6 Attachment A (Pricing)
5.5.7 Attachment B (Agreement Page)
5.5.8 Attachment C (References)
5.5.9 Attachment D (U.S. Communities Required Information)
5.5.10 Draft Contract with any requested exceptions redlined
5.6 EXCEPTIONS TO THE SOLICITATION:
The Respondent shall identify and list all exceptions taken to all sections of 180233–RFP and list
these exceptions referencing the section (paragraph) where the exception exists and identify the
exceptions and the proposed wording for the Respondent’s exception under the heading,
Exception to the PROPOSAL Solicitation, SERIAL 180233-RFP”. Exceptions that surface
elsewhere and that do not also appear under the heading, “Exceptions to the PROPOSAL
Solicitation, SERIAL 180233-RFP,” shall be considered invalid and void and of no
contractual significance.
The County reserves the rights to; accept any exception, discuss the exemption with the offeror, or
reject any exception.
5.7 EVALUATION OF PROPOSAL – SELECTION FACTORS:
A Proposal Evaluation Committee shall be appointed, chaired by the Procurement Officer to evaluate
each Proposal. At the County’s option, Respondents may be invited to make presentations to the
Evaluation Committee. Best and Final Offers and/or Negotiations may be conducted, as needed, with
the highest rated Respondent(s). Proposals will be evaluated on the following criteria which are listed
in descending or equal order of importance.
5.7.1 Respondent’s Proposed Solution / Compliance with Specifications (Including the ability to
sell all Oracle products).
5.7.2 Respondent Qualifications, including national capabilities
5.7.3 Price
NOTE 1: RESPONDENTS ARE REQUIRED TO USE ATTACHED FORMS TO SUBMIT THEIR
PROPOSAL.
NOTE 2: RESPONDENTS ARE STRONGLY ENCOURAGED TO REVIEW MARICOPA COUNTY’S
PROCUREMENT ADMINISTRATIVE INFORMATION PRIOR TO SUBMITTING A BID.
FOR THIS INFORMATION, GO TO: (https://www.maricopa.gov/DocumentCenter/View/6453).
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ATTACHMENT A
PRICING
SEE BIDSYN.COM EXCEL SPREADSHEET STAND-ALONE PRICING PAGE
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ATTACHMENT B
AGREEMENT
Respondent hereby certifies that Respondent has read, understands and agrees that acceptance by Maricopa County of the
Respondent’s Offer will create a binding Contract. Respondent agrees to fully comply with all terms and conditions as set forth in the
Maricopa County Procurement Code, and amendments thereto, together with the specifications and other documentary forms herewith
made a part of this specific procurement.
BY SIGNING THIS PAGE THE SUBMITTING RESPONDENT CERTIFIES THAT RESPONDENT HAS REVIEWED
THE ADMINISTRATIVE INFORMATION AND STANDARD CONTRACT’S TERMS AND CONDITIONS LOCATED AT
http://www.maricopa.gov/DocumentCenter/View/6453) AND AGREE TO BE CONTRACTUALLY BOUND TO THEM.
Small Business Enterprise (SBE)
RESPONDENT (FIRM) SUBMITTING PROPOSAL FEDERAL TAX ID NUMBER DUNS #
PRINTED NAME AND TITLE AUTHORIZED SIGNATURE
ADDRESS TELEPHONE FAX #
CITY STATE ZIP DATE
WEBSITE EMAILADDRESS
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ATTACHMENT C
RESPONDENT’S REFERENCES
RESPONDENT SUBMITTING PROPOSAL:
1. COMPANY NAME:
ADDRESS:
CONTACT PERSON:
TELEPHONE: E-MAIL ADDRESS:
2. COMPANY NAME:
ADDRESS:
CONTACT PERSON:
TELEPHONE: E-MAIL ADDRESS:
3. COMPANY NAME:
ADDRESS:
CONTACT PERSON:
TELEPHONE: E-MAIL ADDRESS:
4. COMPANY NAME:
ADDRESS:
CONTACT PERSON:
TELEPHONE: E-MAIL ADDRESS:
5. COMPANY NAME:
ADDRESS:
CONTACT PERSON:
TELEPHONE: E-MAIL ADDRESS:
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ATTACHMENT D
US COMMUNITIES REQUIREMENTS
I. SUPPLIER QUALIFICATIONS
Commitments
U.S. Communities views the relationship with an awarded Supplier as an opportunity to provide
maximum benefit to both the Participating Public Agencies and to the Supplier.
The successful foundation of the partnership requires commitments from both U.S. Communities and
the Supplier. U.S. Communities requires the Supplier to make the four commitments set forth below
Corporate, Pricing, Economy, Sales) to ensure that Supplier is providing the highest level of public
benefit to Participating Public Agencies:
a) Corporate Commitment.
i) The pricing, terms and conditions of the Master Agreement shall, at all
times, be Supplier’s primary contractual offering of Products and Services to Public Agencies. All of
Supplier’s direct and indirect marketing and sales efforts to Public Agencies shall demonstrate that the
Master Agreement is Supplier’s primary offering and not just one of Supplier’s contract options.
ii) Supplier’s sales force (including inside, direct and/or authorized
dealers, distributors and representatives) shall always present the Master Agreement when marketing
Products or Services to Public Agencies.
iii) Supplier shall advise all Public Agencies that are existing customers of
Supplier as to the pricing and other value offered through the Master Agreement.
iv) Upon authorization by a Public Agency, Supplier shall transition such
Public Agency to the pricing, terms and conditions of the Master Agreement.
v) Supplier shall ensure that the U.S. Communities program and the
Master Agreement are actively supported by Supplier’s senior executive management.
vi) Supplier shall provide a national/senior management level
representative with the authority and responsibility to ensure that the Supplier’s Commitments are
maintained at all times. Supplier shall also designate a lead referral contact person who shall be
responsible for receiving communications from U.S. Communities concerning new Participating Public
Agency registrations and for ensuring timely follow-up by Supplier’s staff to requests for contact from
Participating Public Agencies. Supplier shall also provide the personnel necessary to implement and
support a supplier-based internet web page dedicated to Supplier’s U.S. Communities program and linked
to U.S. Communities’ website and shall implement and support such web page.
vii) Supplier shall demonstrate in its procurement solicitation response and
throughout the term of the Master Agreement that national/senior management fully supports the U.S.
Communities program and its commitments and requirements. National/Senior management is defined as
the executive(s) with companywide authority.
viii) Where Supplier has an existing contract for Products and Services with
a state, Supplier shall notify the state of the Master Agreement and transition the state to the pricing, terms
and conditions of the Master Agreement upon the state’s request. Regardless of whether the state decides
to transition to the Master Agreement, Supplier shall primarily offer the Master Agreement to all Public
Agencies located within the state.
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b) Pricing Commitment.
i) Supplier represents to U.S. Communities that the pricing offered under
the Master Agreement is the lowest overall available pricing (net to purchaser) on Products and Services
that it offers to Public Agencies. Supplier’s pricing shall be evaluated on either an overall project basis or
the Public Agency’s actual usage for more frequently purchased Products and Services.
ii) Contracts Offering Lower Prices. If a pre-existing contract and/or a
Public Agency’s unique buying pattern provide one or more Public Agencies a lower price than that offered
under the Master Agreement, Supplier shall match that lower pricing under the Master Agreement and
inform the eligible Public Agencies that the lower pricing is available under the Master Agreement. If an
eligible Public Agency requests to be transitioned to the Master Agreement, Supplier shall do so and report
the Public Agency’s purchases made under the Master Agreement going forward. The price match only
applies to the eligible Public Agencies. Below are three examples of Supplier’s obligation to match the
pricing under Supplier’s contracts offering lower prices.
A) Supplier holds a state contract with lower pricing that is
available to all Public Agencies within the state. Supplier would be required to match the lower
state pricing under the Master Agreement and make it available to all Public Agencies within the
state.
B) Supplier holds a regional cooperative contract with lower
pricing that is available only to the ten cooperative members. Supplier would be required to match
the lower cooperative pricing under the Master Agreement and make it available to the ten
cooperative members.
C) Supplier holds a contract with an individual Public Agency.
The Public Agency contract does not contain any cooperative language and therefore other Public
Agencies are not eligible to utilize the contract. Supplier would be required to match the lower
pricing under the Master Agreement and make it available only to the individual Public Agency.
iii) Deviating Buying Patterns. Occasionally U.S. Communities and
Supplier may interact with a Public Agency that has a buying pattern or terms and conditions that
considerably deviate from the normal Public Agency buying pattern and terms and conditions, and causes
Supplier’s pricing under the Master Agreement to be higher than an alternative contract held by Supplier.
This could be created by a unique end-user preference or requirements. In the event that this situation
occurs, Supplier may address the issue by lowering the price under the Master Agreement on the item(s)
causing the large deviation for that Public Agency. Supplier would not be required to lower the price for
other Public Agencies.
iv) Supplier’s Options in Responding to a Third Party Procurement
Solicitation. While it is the objective of U.S. Communities to encourage Public Agencies to piggyback on
to the Master Agreement rather than issue their own procurement solicitations, U.S. Communities
recognizes that for various reasons some Public Agencies will issue their own solicitations. The following
options are available to Supplier when responding to a Public Agency solicitation:
A) Supplier may opt not to respond to the procurement
solicitation. Supplier may make the Master Agreement available to the Public Agency as a
comparison to its solicitation responses.
B) Supplier may respond with the pricing, terms and conditions
of the Master Agreement. If Supplier is awarded the contract, the sales would be reported as sales
under the Master Agreement.
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C) If competitive conditions require pricing lower than the
standard Master Agreement pricing, Supplier may submit lower pricing through the Master
Agreement. If Supplier is awarded the contract, the sales would be reported as sales under the
Master Agreement. Supplier would not be required to extend the lower price to other Public
Agencies.
D) Supplier may respond to the procurement solicitation with
pricing that is higher (net to buyer) than the pricing offered under the Master Agreement. If
awarded a contract, Supplier shall still be bound by all obligations set forth in this Section 3.3,
including, without limitation, the requirement to continue to advise the awarding Public Agency of
the pricing, terms and conditions of the Master Agreement.
E) Supplier may respond to the procurement solicitation with
pricing that is higher (net to buyer) than the pricing offered under the Master Agreement and if an
alternative response is permitted, Supplier may offer the pricing under the Master Agreement as an
alternative for consideration.
c) Economy Commitment. Supplier shall demonstrate the benefits, including the
pricing advantage, of the Master Agreement over alternative options, including competitive solicitation
pricing and shall proactively offer the terms and pricing under the Master Agreement to Public Agencies as
a more effective alternative to the cost and time associated with such alternate bids and solicitations.
d) Sales Commitment. Supplier shall market the Master Agreement through
Supplier’s sales force or dealer network that is properly trained, engaged and committed to offering the
Master Agreement as Supplier’s primary offering to Public Agencies. Supplier’s sales force compensation
and incentives shall be greater than or equal to the compensation and incentives earned under other
contracts to Public Agencies.
i) Supplier Sales. Supplier shall be responsible for proactive sales of
Supplier’s Products and Services to Public Agencies and the timely follow-up to sales leads identified by
U.S. Communities. Use of product catalogs, targeted advertising, direct mail, online marketing and other
sales initiatives are encouraged. All of Supplier’s sales materials targeted towards Public Agencies shall
include the U.S. Communities logo. U.S. Communities hereby grants to Supplier, during the term of this
Agreement, a non-exclusive, revocable, non-transferable, license to use the U.S. Communities name,
trademark, and logo solely to perform its obligations under this Agreement, and for no other purpose. Any
goodwill, rights, or benefits derived from Supplier's use of the U.S. Communities name, trademark, or logo
shall inure to the benefit of U.S. Communities. U.S. Communities shall provide Supplier with its logo and
the standards to be employed in the use of the logo. During the term of the Agreement, the Supplier shall
provide U.S. Communities with its logo and the standards to be employed in the use of the logo for
purposes of reproducing and using Supplier’s name and logo in connection with the advertising, marketing
and promotion of the Master Agreement to Public Agencies. Supplier shall assist U.S. Communities by
providing camera-ready logos and by participating in related trade shows and conferences. At a minimum,
Supplier's sales initiatives shall communicate that (i) the Master Agreement was competitively solicited by
the Lead Public Agency, (ii) the Master Agreement provides the Supplier’s best overall pricing and value to
eligible agencies, (iii) there is no cost to Participating Public Agencies, and (iv) the Master Agreement is a
non-exclusive contract.
ii) Branding and Logo Compliance. Supplier shall be responsible for
complying with the U.S. Communities branding and logo standards and guidelines. Prior to use by
Supplier, all U.S. Communities related marketing material must be submitted to U.S. Communities for
review and approval.
iii) Sales Force Training. Supplier shall train its national sales force on the
Master Agreement and U.S. Communities program. U.S. Communities shall be available to train on a
national, regional or local level and generally assist with the education of sales personnel.
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iv) Participating Public Agency Access. Supplier shall establish the
following communication links to facilitate customer access and communication:
A) A dedicated U.S. Communities internet web-based homepage
that is accessible from Supplier’s homepage or main menu navigation containing:
1) U.S. Communities standard logo with Founding Co-
Sponsors logos;
2) Copy of original procurement solicitation;
3) Copy of Master Agreement including any
amendments;
4) Summary of Products and Services pricing;
5) Electronic link to U.S. Communities’ online
registration page; and
6) Other promotional material as requested by U.S.
Communities.
B) A dedicated toll-free national hotline for inquiries regarding
U.S. Communities.
C) A dedicated email address for general inquiries in the
following format: uscommunities@(name of supplier).com.
v) Electronic Registration. Supplier shall be responsible for ensuring that
each Public Agency has completed U.S. Communities’ online registration process prior to processing the
Public Agency’s first sales order.
vi) Supplier’s Performance Review. Upon request by U.S. Communities,
Supplier shall participate in a performance review meeting with U.S. Communities to evaluate Supplier’s
performance of the covenants set forth in this Agreement.
vii) Supplier Content. Supplier may, from time to time, provide certain
graphics, media, and other content to U.S. Communities (collectively "Supplier Content") for use on
U.S. Communities websites and for general marketing and publicity purposes. During the term of the
Agreement, Supplier hereby grants to U.S. Communities and its affiliates a non-exclusive, worldwide,
free, transferrable, license to reproduce, modify, distribute, publically perform, publically display, and
use Supplier Content in connection with U.S. Communities websites and for general marketing and
publicity purposes, with the right to sublicense each and every such right. Supplier warrants that: (a)
Supplier is the owner of or otherwise has the unrestricted right to grant the rights in and to Supplier
Content as contemplated hereunder; and (b) the use of Supplier Content and any other materials or
services provided to U.S. Communities as contemplated hereunder will not violate, infringe, or
misappropriate the intellectual property rights or other rights of any third party.
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II. U.S. COMMUNITIES ADMINISTRATION AGREEMENT INFORMATION
The Agreement outlines the Supplier’s general duties and responsibilities in implementing the U.S.
Communities contract.
The Supplier is required to execute the U.S. Communities Administration Agreement unaltered
attached hereto as Exhibit 7) and submit with the supplier’s proposal without exception or
alteration. Failure to do so shall result in disqualification.
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III. SUPPLIER WORKSHEET FOR NATIONAL PROGRAM CONSIDERATION
Suppliers are required to meet specific qualifications for national program consideration. Please
respond in the spaces provided after each qualification statement below:
A. Will pricing for all Products/Services offered be the most competitive pricing offered by your
organization to Participating Public Agencies nationally?
YES____ NO____
B. Does your company have the ability to provide products and services to any Participating Public
Agency in all 50 states?
YES____ *NO____
If no, identify the states where you do not have the ability to provide products and services to
Participating Public Agencies.)
C. Does your company have a national sales force, dealer network or distributor with the ability to call on
Participating Public Agencies in at least 35 U.S. states?
YES____ *NO____
If no, identify the states where you have the ability to call on Participating Public Agencies.)
D. Check which applies for your company sales last year in the United States:
Sales between $0 and $25,000,000
Sales between $25,000,001 and $50,000,000
Sales between $50,000,001 and $100,000,000
Sales greater than $100,000,001
E. Will your company assign a dedicated National Account Manager to support the resulting U.S.
Communities contract?
YES____ NO____
F. Does your company maintain records of your Participating Public Agencies’ sales that you can and
will share with U.S. Communities to monitor program implementation progress?
YES____ NO____
G. Will your company commit to the following implementation schedule?
YES____ NO____
H. Will the U.S. Communities contract be your lead public offering to Participating Public Agencies?
YES____ NO_____
Submitted by:
Printed Name) (Signature)
Title) (Date)
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IV. NEW SUPPLIER IMPLEMENTATION CHECKLIST
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V. SUPPLIER INFORMATION
Please respond to the following requests for information about your company:
National Commitments
1. Please provide a written narrative describing your understanding and acceptance of each of the Supplier
Commitments (Corporate, Pricing, Economy and Sales) shown above in the Supplier Qualifications Section.
Company Overview
1. Provide the total number and location of sales persons employed by your company in the United States.
Example:
NUMBER OF SALES
REPRESENTATIVES CITY STATE
13 Phoenix AZ
6 San Francisco CA
10 Atlanta GA
12 Boise ID
6 Lexington KY
5 New Orleans LA
3 Philadelphia PA
Etc. Etc.
Total: 366
2. Please provide a narrative of how these sales people would be used to market the contract to eligible agencies across
the country. Please describe what you have in place today and your future plans, if you were awarded the contract.
3. Explain how your company will educate its sales force about the Master Agreement.
4. Provide the company annual sales for 2015, 2016 and 2017 in the United States; Sales reporting should be
segmented into the following categories:
Segment 2015 Sales 2016 Sales 2017 Sales
Cities
Counties
K-12 (Pubic/Private)
Higher Education (Public/Private)
States
Other Public Sector and Nonprofits
Federal
Private Sector
Total Supplier Sales
SUPPLIER ANNUAL SALES IN THE UNITED STATE FOR 2015, 2016, AND 2017
5. For the proposed products and services included in the scope of your response, provide annual sales for 2015,
2016 and 2017 in the United States. Sales reporting should be segmented into the following categories:
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Segment 2015 Sales 2016 Sales 2017 Sales
Cities
Counties
K-12 (Pubic/Private)
Higher Education (Public/Private)
States
Other Public Sector and Nonprofits
Federal
Private Sector
Total Supplier Sales
SUPPLIER ANNUAL SALES IN THE UNITED STATE FOR 2015, 2016, AND 2017
6. Provide a list of your company’s ten largest public agency customers, including contact information.
7. Please list any existing regional and/or national cooperative purchasing programs. Provide the entity’s name(s),
contract scope, contract term (including contract options) and annual volume by year for each of the last three years.
Order Processing and Distribution
1. Describe your company’s normal order processing procedure from point of customer contact through delivery and
billing.
2. How do you help Public Agencies assess their needs and decide on a scope of work for a project?
3. In what formats do you accept orders (telephone, ecommerce, etc.)?
4. Please state if you use a single system or platform for all phases of ordering, processing, delivery and billing.
5. Please state your normal payment terms and any quick-pay incentives available to Participating Public Agencies.
6. State which forms of ordering allow the use of a procurement card and the accepted banking (credit card) affiliation.
7. Describe how your company proposes to distribute the Products and Services nationwide.
8. Identify all other companies that will be involved in processing, handling or shipping the Products and Services to
the end user.
9. Provide the number, size and location of your company’s distribution facilities, warehouses, support centers and
retail network (if applicable).
10. Describe your ability to provide customized reports (i.e. commodity histories, purchase histories by department,
green spend, etc.) for each Participating Public Agency.
11. If applicable, describe your company’s ability to do business with manufacturer/dealer/distribution organizations
that are either small or MWBE businesses as defined by the Small Business Administration.
a. If applicable, describe other ways your company can be sensitive to a Participating Public Agency’s desire
to utilize local and/or MWBE companies, such as number of local employees and offices in a particular
geographic area, companies your firm is using that may be local (i.e. local delivery truck company), etc.
b. If applicable, provide details on any products or services being offered by your company where the
manufacturer or service provider is either a small or MWBE business as defined by the Small Business
Administration. Provide product/service name, company name and small/MWBE designation.
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Marketing and Sales
1. Provide a detailed outline of your company’s sales and marketing plan for marketing your offering to eligible
agencies nationwide.
2. Explain how your company will market and transition the Master Agreement into the primary offering to
Participating Public Agencies. How will your organization differentiate the new agreement from existing contracts
you may have today?
3. Please describe your sales goals if awarded the Master Agreement, including targeted dollar volume by year:
00 in year one
00 in year two
00 in year three
National Staffing Plan
1. Please identify the key personnel who will lead and support the implementation period of the contract outlined in the
New Supplier Implementation Checklist, above, along with the amount of time to be devoted to implementation.
2. Identify the key personnel who are to be engaged in this contract throughout the term of the contract, including each
of the roles described below:
Role Description of Role Person Responsible and
Title
Time Commitment (%)
Executive Sponsor Responsible for the corporate
commitment. Works with
Supplier Manager.
National Account
Manager
Responsible for sales efforts
and training of sales people
across the country. Works
daily with Program Managers
and Supplier Manager.
Lead Referral
Manager
Responsible for distributing
leads generated through the
USC website.
Marketing Lead Responsible for all marketing
efforts. Works with USC
marketing regularly.
IT Lead Responsible for building USC
landing page for supplier.
Reporting Lead Responsible for providing
monthly reports to USC.
3. Provide an organizational chart of your company.
4. Submit a bio for each of the below personnel:
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a. The person your company proposes to serve as the National Accounts Manager;
b. Each person that will have primary responsibility for U.S. Communities account management; and
c. Key executive personnel that will be supporting the program.
Products, Services and Solutions
1. Provide a description of how your offering meets the requirements set forth in Section 2 of the RFP. The primary
objective is for each Supplier to provide its complete offering so that Participating Public Agencies may purchase a
range of products and services as appropriate for their needs.
2. Please describe any training and educational programs you offer. This may include the ability to provide on-site or
online training and educational seminars or technical knowledge.
3. Please provide any consulting services included in your offering. Examples include inventory solutions, emergency
preparedness programs and design services.
4. State your normal delivery time (in days) and any options for expediting delivery, if applicable.
5. Please state your backorder policy.
6. Please state restocking fees and procedures for returning products.
Environmental
1. Provide a brief description of your company’s environmental initiatives, including your company’s environmental
policies and/or strategies, your investments in being an environmentally preferable product leader, and any resources
dedicated to your environmental strategy, including staff.
2. Describe your company’s process for defining, verifying, and labeling green/sustainable products and services in
your offering. Explain how you help public agencies navigate toward the green products in your offering through
website filters, keyword searches, displaying eco-logos, etc.
3. Describe your company’s recycling services. Describe any buy back or take back options offered for products sold
on this contract such as batteries, mercury-containing equipment, paint, chemicals, etc. Describe your company’s
efforts to reduce or reuse packaging (or avoid difficult-to-recycle packaging such as polystyrene foam) and
minimize the environmental footprint in the shipping process.
4. What percentage of your offering is environmentally preferable and what are your plans to improve this offering?
Financial Statements
1. Submit your latest Dun & Bradstreet report.
2. Please include an audited income statement and balance sheet from the most recent reporting period.
Additional Information
Please use this opportunity to describe any other offerings your organization can provide that you feel will give
additional value and benefit to Participating Public Agencies.
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EXHIBIT 1
BIDSYNC REGISTRATION AND ELECTRONIC SUBMISSION REQUIREMENTS
BidSync.com Registration is FREE and REQUIRED for all
vendors.
Register On-line at (https://www.bidsync.com).
Select Free Registration. Upon completion of your on-line
registration, you are responsible for updating any changes to your
information. Please retain your Login ID and Password for future
use.
For assistance, please contact BidSync Vendor Support
Department via phone or email, during regular business hours: 1-
800-990-9339 or (agencysupport@BidSync.com).
BIDSYNC ELECTRONIC SUBMISSION INSTRUCTIONS
When submitting a response (proposal, quote or bid) electronically through BidSync, it is the sole responsibility of
the supplier to ensure that the response is received by BidSync prior to the closing date and time. Each of the
following steps in BidSync MUST be completed in order to place an offer:
A. Login to www.bidsync.com;
B. Locate the bid (solicitation) to which you are responding;
a. Click the “Search” tab on the top left of the page;
b. Enter keyword or bid (solicitation) number and click “Search”;
C. Click on the “Bid title/description” to open the Bid (solicitation) Information Page;
D. “View and Accept” documents in the document section;
E. Select “Place Offer” found at the bottom of the page;
F. Enter your pricing, notes, other required information, and upload attachments to this page;
G. Click “Submit” at the bottom of the page;
H. Review Offer(s); and
I. Enter your password and click “Confirm”.
Note that the final step in submitting a response involves the supplier’s acknowledgement that the information and
documents entered into the BidSync system are accurate and represent the supplier’s actual proposal, quote or bid.
This acknowledgement is registered in BidSync when the supplier clicks “Confirm”. BidSync will post a notice that
the offer has been received. This notice from BidSync MUST be recorded prior to the closing date and time or the
response will be considered late and will not be accepted. Be aware that entering information and uploading
documents into BidSync may take considerable time. Please allow sufficient time to complete the online forms and
upload documents. Suppliers should not wait until the last minute to submit a response. It is recommended that
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suppliers submit responses a minimum of 24 hours prior to the closing deadline. The deadline for submitting
information and documents will end at the closing time indicated in the solicitation. All information and documents
must be fully entered, uploaded, acknowledged (Confirm) and recorded into BidSync before the closing time or the
system will stop the process and the response will be considered late and will not be accepted.
Responses submitted in BidSync are completely secure. No one (including County purchasing staff) can see
responses until after the deadline. Suppliers may modify or change their response at any time prior to the closing
deadline. However, all modifications or changes must be completed and acknowledged (Confirm) in the BidSync
system prior to the deadline. BidSync will post a notice that the modification/change (new offer) has been received.
This notice from BidSync MUST be recorded prior to the closing date and time or the response will be considered
late and will not be accepted. If you have not been asked to enter your password and click Save to save your
response, your offer has not been updated.
Please be aware that typing in your password acts as your electronic signature, which is just as legal and binding as
an original signature. (See Electronic Signatures in Global and National Commerce Act for more information.)
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EXHIBIT 2
SAMPLE TRANSMITTAL LETTER
To be typed on the letterhead of Offeror)
Maricopa County
Office of Procurement Services
320 West Lincoln Street
Phoenix, Arizona 85003-2494
Re: 180233-RFP, ORACLE PRODUCTS AND SERVICES
To Whom It May Concern:
NAME OF COMPANY) (Herein referred to as the "RESPONDENT"), hereby submits its response to your Request
for Proposal dated , and agrees to perform as proposed in their proposal, if awarded the contract. The
Respondent shall thereupon be contractually obligated to carry out its responsibilities respecting the services
proposed.
Kindly advise this in writing on or before if you should desire to accept this proposal.
Very truly yours,
NAME (please print)
SIGNATURE
TITLE (please print)
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EXHIBIT 3
OFFICE OF PROCUREMENT SERVICES CONTRACTOR TRAVEL AND PER DIEM POLICY
1.0 All contract-related travel plans and arrangements shall be prior-approved by the County Contract
Administrator.
2.0 Lodging, per diem and incidental expenses incurred in performance of Maricopa County/Special
District (County) contracts shall be reimbursed based on current U.S. General Services
Administration (GSA) domestic per diem rates for Phoenix, Arizona. Contractors must access the
following internet site to determine rates (no exceptions): (www.gsa.gov).
2.1 Additional incidental expenses (i.e., telephone, fax, internet and copying charges) shall
not be reimbursed. They should be included in the contractor’s hourly rate as an overhead
charge.
2.2 The County will not (under no circumstances) reimburse for Contractor guest lodging,
per diem or incidentals.
3.0 Commercial air travel shall be reimbursed as follows:
3.1 Coach airfare will be reimbursed by the County. Business class airfare may be allowed
only when preapproved in writing by the County Contract Administrator as a result of the
business need of the County when there is no lower fare available.
3.2 The lowest direct flight airfare rate from the Contractors assigned duty post (pre-defined
at the time of contract signing) will be reimbursed. Under no circumstances will the
County reimburse for airfares related to transportation to or from an alternate site.
3.3 The County will not (under no circumstances) reimburse for Contractor guest commercial
air travel.
4.0 Rental vehicles may only be used if such use would result in an overall reduction in the total cost
of the trip, not for the personal convenience of the traveler. Multiple vehicles for the same set of
travelers for the same travel period will not be permitted without prior written approval by the
County Contract Administrator.
4.1 Purchase of comprehensive and collision liability insurance shall be at the expense of the
contractor. The County will not reimburse contractor if the contractor chooses to
purchase this coverage.
4.2 Rental vehicles are restricted to sub-compact, compact or mid-size sedans unless a larger
vehicle is necessary for cost efficiency due to the number of travelers. (NOTE:
contractors shall obtain pre-approval in writing from the County Contract Administrator
prior to rental of a larger vehicle.)
4.3 County will reimburse for parking expenses if free, public parking is not available within
a reasonable distance of the place of County business. All opportunities must be
exhausted prior to securing parking that incurs costs for the County. Opportunities to be
reviewed are the DASH; shuttles, etc. that can transport the contractor to and from
County buildings with minimal costs.
4.4 County will reimburse for the lowest rate, long-term uncovered (e.g. covered or enclosed
parking will not be reimbursed) airport parking only if it is less expensive than shuttle
service to and from the airport.
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4.5 The County will not (under no circumstances) reimburse the Contractor for guest vehicle
rental(s) or other any transportation costs.
5.0 Contractor is responsible for all costs not directly related to the travel except those that have been
pre-approved by the County Contract Administrator. These costs include (but not limited to) the
following: in-room movies, valet service, valet parking, laundry service, costs associated with
storing luggage at a hotel, fuel costs associated with non-County activities, tips that exceed the per
diem allowance, health club fees, and entertainment costs. Claims for unauthorized travel
expenses will not be honored and are not reimbursable.
6.0 Travel and per diem expenses shall be capped at 15% of project price unless otherwise specified in
individual contracts.
7.0 Contractor shall provide, (upon request) with their invoice(s), copies of receipts supporting travel
and per diem expenses, and if applicable with a copy of the written consent issued by the Contract
Administrator. No travel and per diem expenses shall be paid by County without copies of the
written consent as described in this policy and copies of all receipts.
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EXHIBIT 4
DRAFT CONTRACT
SEE WORD FILE 180233-EXHIBIT 4 DRAFT CONTRACT
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EXHIBIT 5
INSURANCE CERTIFICATE EXAMPLE
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EXHIBIT 6
MASTER INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT
This Master Intergovernmental Cooperative Purchasing Agreement (“Agreement”) is made between certain
government agencies that execute a Lead Public Agency Certificate (collectively, “Lead Public Agencies”) to
be appended and made a part hereof and other government agencies (“Participating Public Agencies”) that
agree to the terms and conditions hereof through the U.S. Communities registration process and made a part
hereof.
RECITALS
WHEREAS, after a competitive solicitation and selection process by Lead Public Agencies, in compliance with
their own policies, procedures, rules and regulations, a number of suppliers (each, a “Contract Supplier”) have
entered into Master Agreements with Lead Public Agencies to provide a variety of goods, products and services
based on national and international volumes (herein “Products and Services”);
WHEREAS, Master Agreements are made available by Lead Public Agencies through U.S. Communities and
provide that Participating Public Agencies may purchase Products and Services on the same terms, conditions
and pricing as the Lead Public Agency, subject to any applicable local purchasing ordinances and the laws of
the State of purchase;
WHEREAS, the parties desire to comply with the requirements and formalities of any intergovernmental
cooperative act, if applicable, to the laws of the State of purchase;
WHEREAS, the parties hereto desire to conserve resources and reduce procurement cost;
WHEREAS, the parties hereto desire to improve the efficiency, effectiveness and economy of the procurement of
necessary Products and Services;
NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement, and of the mutual
benefits to result, the parties agree as follows:
1. That each party will facilitate the cooperative procurement of Products and Services.
2. That the procurement of Products and Services subject to this Agreement shall be conducted in accordance
with and subject to the relevant statutes, ordinances, rules and regulations that govern each party’s
procurement practices.
3. That the cooperative use of solicitations obtained by a party to this Agreement shall be in accordance with the
terms and conditions of the solicitation, except as modification of those terms and conditions is otherwise
allowed or required by applicable law.
4. That the Lead Public Agencies will make available, upon reasonable request and subject to convenience,
information which may assist in improving the effectiveness, efficiency and economy of Participating Public
Agencies’ procurement of Products and Services.
5. That the Participating Public Agency will make timely payments to the Contract Supplier for Products and
Services received in accordance with the terms and conditions of the procurement. Payment, inspections and
acceptance of Products and Services ordered by the Participating Public Agency shall be the exclusive
obligation of such Participating Public Agency. Disputes between the Participating Public Agency and
Contract Supplier are to be resolved in accord with the law and venue rules of the State of purchase.
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6. The Participating Public Agency shall not use this Agreement as a method for obtaining additional concessions
or reduced prices for similar products or services.
7. The Participating Public Agency is solely responsible for ordering, accepting, and paying and any other action,
inaction or decision regarding the Products and Services obtained under this Agreement. A Lead Public
Agency shall not be liable in any manner for any action or inaction or decisions taken by a Participating Public
Agency. The Participating Public Agency shall, to the extent permitted by applicable law, hold the Lead
Public Agency harmless from any liability that may arise from action or inaction of the Participating Public
Agency.
8. The exercise of any rights or remedies by the Participating Public Agency shall be the exclusive obligation of
such Participating Public Agency.
9. This Agreement shall remain in effect until termination by a party giving thirty (30) days prior written notice
to U.S. Communities at 2999 Oak Road, Suite 710, Walnut Creek, CA 94597.
10. This Agreement shall become effective after execution of the Lead Public Agency Certificate or Participating
Public Agency registration, as applicable.
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EXHIBIT 7
ADMINISTRATION AGREEMENT
This ADMINISTRATION AGREEMENT (“Agreement”) is made as of ________________, by and
between U.S. COMMUNITIES GOVERNMENT PURCHASING ALLIANCE (“U.S. Communities”) and
Supplier”).
RECITALS
WHEREAS, (“Lead Public Agency”) has entered into a certain Master Agreement
dated as of even date herewith, referenced as Agreement No. _______, by and between Lead Public Agency and
Supplier (as amended from time to time in accordance with the terms thereof, the “Master Agreement”) for the
purchase of ___________________ (the “Products and Services”);
WHEREAS, the Master Agreement provides that any state, county, city, special district, local government,
school district, private K-12 school, technical or vocational school, higher education institution (including
community colleges, colleges and universities, both public and private), other government agency or nonprofit
organization (each a “Public Agency” and collectively, “Public Agencies”) may purchase Products and Services at
the prices indicated in the Master Agreement upon prior registration with U.S. Communities, in which case the
Public Agency becomes a “Participating Public Agency”;
WHEREAS, U.S. Communities has the administrative and legal capacity to administer purchases under the
Master Agreement to Participating Public Agencies;
WHEREAS, U.S. Communities serves in an administrative capacity for Lead Public Agency and other lead
public agencies in connection with other master agreements offered by U.S. Communities;
WHEREAS, Lead Public Agency desires U.S. Communities to proceed with administration of the Master
Agreement on the same basis as other master agreements;
WHEREAS, “U.S. Communities Government Purchasing Alliance” is a trade name licensed by U.S.
Communities Purchasing & Finance Agency; and
WHEREAS, U.S. Communities and Supplier desire to enter into this Agreement to make available the
Master Agreement to Participating Public Agencies.
NOW, THEREFORE, in consideration of the mutual covenants contained in this Agreement, U.S.
Communities and Supplier hereby agree as follows:
ARTICLE I
GENERAL TERMS AND CONDITIONS
1.1 The Master Agreement, attached hereto as Exhibit A and incorporated herein by reference as
though fully set forth herein, and the terms and conditions contained therein shall apply to this Agreement except as
expressly changed or modified by this Agreement.
1.2 U.S. Communities shall be afforded all of the rights, privileges and indemnifications afforded to
Lead Public Agency under the Master Agreement, and such rights, privileges and indemnifications shall accrue and
apply with equal effect to U.S. Communities under this Agreement including, without limitation, Supplier’s
obligation to provide insurance and indemnifications to Lead Public Agency.
1.3 Supplier shall perform all duties, responsibilities and obligations required under the Master
Agreement.
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1.4 U.S. Communities shall perform all of its duties, responsibilities and obligations as administrator
of purchases under the Master Agreement as set forth herein, and Supplier acknowledges that U.S. Communities
shall act in the capacity of administrator of purchases under the Master Agreement.
1.5 With respect to any purchases made by Lead Public Agency or any Participating Public Agency
pursuant to the Master Agreement, U.S. Communities (a) shall not be construed as a dealer, re-marketer,
representative, partner, or agent of any type of Supplier, Lead Public Agency or such Participating Public Agency,
b) shall not be obligated, liable or responsible (i) for any orders made by Lead Public Agency, any Participating
Public Agency or any employee of Lead Public Agency or a Participating Public Agency under the Master
Agreement, or (ii) for any payments required to be made with respect to such order, and (c) shall not be obligated,
liable or responsible for any failure by a Participating Public Agency to (i) comply with procedures or requirements
of applicable law or ordinance, or (ii) obtain the due authorization and approval necessary to purchase under the
Master Agreement. U.S. Communities makes no representations or guaranties with respect to any minimum
purchases required to be made by Lead Public Agency, any Participating Public Agency, or any employee of Lead
Public Agency or a Participating Public Agency under the Master Agreement.
ARTICLE II
TERM OF AGREEMENT
2.1 This Agreement is effective as of ____________________ and shall terminate upon termination
of the Master Agreement or any earlier termination in accordance with the terms of this Agreement, provided,
however, that the obligation to pay all amounts owed by Supplier to U.S. Communities through the termination of
this Agreement and all indemnifications afforded by Supplier to U.S. Communities shall survive the term of this
Agreement.
ARTICLE III
REPRESENTATIONS AND COVENANTS
3.1 U.S. Communities views the relationship with Supplier as an opportunity to provide benefits to the
Lead Public Agency, Public Agencies and Supplier. The successful foundation of the relationship requires certain
representations and covenants from both U.S. Communities and Supplier.
3.2 U.S. Communities’ Representations and Covenants.
a) Marketing. U.S. Communities shall proactively market the Master Agreement to Public
Agencies using resources such as a network of major sponsors including the National League of Cities (NLC),
National Association of Counties (NACo), United States Conference of Mayors (USCM), and the Association of
School Business Officials (ASBO) (collectively, the “Founding Co-Sponsors”) and individual national, regional and
state-level sponsors. In addition, the U.S. Communities staff shall make best efforts to enhance Supplier’s
marketing efforts through meetings with Public Agencies, participation in key events and tradeshows and other
marketing activity such as advertising, articles and promotional campaigns.
b) Training and Knowledge Management Support. U.S. Communities shall provide support
for the education, training and engagement of Supplier’s sales force as provided herein. Through its staff (each, a
Program Manager” and collectively, the “Program Managers”), U.S. Communities shall, with scheduling assistance
from Supplier, conduct training sessions and conduct calls jointly with Supplier to Public Agencies. U.S.
Communities shall also provide Supplier with access to U.S. Communities’ private intranet website which provides
presentations, documents and information to assist Supplier’s sales force in effectively promoting the Master
Agreement.
3.3 Supplier’s Representations and Covenants. Supplier hereby represents and covenants as follows
in order to ensure that Supplier is providing the highest level of public benefit to Participating Public Agencies (such
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representations and covenants are sometimes referred to as “Supplier’s Commitments” and are comprised of the
Corporate Commitment, Pricing Commitment, Economy Commitment and Sales Commitment):
a) Corporate Commitment.
i) The pricing, terms and conditions of the Master Agreement shall, at all times, be
Supplier’s primary contractual offering of Products and Services to Public Agencies. All of Supplier’s direct and
indirect marketing and sales efforts to Public Agencies shall demonstrate that the Master Agreement is Supplier’s
primary offering and not just one of Supplier’s contract options.
ii) Supplier’s sales force (including inside, direct and/or authorized dealers,
distributors and representatives) shall always present the Master Agreement when marketing Products or Services to
Public Agencies.
iii) Supplier shall advise all Public Agencies that are existing customers of Supplier
as to the pricing and other value offered through the Master Agreement.
iv) Upon authorization by a Public Agency, Supplier shall transition such Public
Agency to the pricing, terms and conditions of the Master Agreement.
v) Supplier shall ensure that the U.S. Communities program and the Master
Agreement are actively supported by Supplier’s senior executive management.
vi) Supplier shall provide a national/senior management level representative with
the authority and responsibility to ensure that the Supplier’s Commitments are maintained at all times. Supplier
shall also designate a lead referral contact person who shall be responsible for receiving communications from U.S.
Communities concerning new Participating Public Agency registrations and for ensuring timely follow-up by
Supplier’s staff to requests for contact from Participating Public Agencies. Supplier shall also provide the personnel
necessary to implement and support a supplier-based internet web page dedicated to Supplier’s U.S. Communities
program and linked to U.S. Communities’ website and shall implement and support such web page.
vii) Supplier shall demonstrate in its procurement solicitation response and
throughout the term of the Master Agreement that national/senior management fully supports the U.S. Communities
program and its commitments and requirements. National/Senior management is defined as the executive(s) with
companywide authority.
viii) Where Supplier has an existing contract for Products and Services with a state,
Supplier shall notify the state of the Master Agreement and transition the state to the pricing, terms and conditions of
the Master Agreement upon the state’s request. Regardless of whether the state decides to transition to the Master
Agreement, Supplier shall primarily offer the Master Agreement to all Public Agencies located within the state.
b) Pricing Commitment.
i) Supplier represents to U.S. Communities that the pricing offered under the
Master Agreement is the lowest overall available pricing (net to purchaser) on Products and Services that it offers to
Public Agencies. Supplier’s pricing shall be evaluated on either an overall project basis or the Public Agency’s
actual usage for more frequently purchased Products and Services.
ii) Contracts Offering Lower Prices. If a pre-existing contract and/or a Public
Agency’s unique buying pattern provide one or more Public Agencies a lower price than that offered under the
Master Agreement, Supplier shall match that lower pricing under the Master Agreement and inform the eligible
Public Agencies that the lower pricing is available under the Master Agreement. If an eligible Public Agency
requests to be transitioned to the Master Agreement, Supplier shall do so and report the Public Agency’s purchases
made under the Master Agreement going forward. The price match only applies to the eligible Public Agencies.
Below are three examples of Supplier’s obligation to match the pricing under Supplier’s contracts offering lower
prices.
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A) Supplier holds a state contract with lower pricing that is available to all
Public Agencies within the state. Supplier would be required to match the lower state pricing under the
Master Agreement and make it available to all Public Agencies within the state.
B) Supplier holds a regional cooperative contract with lower pricing that is
available only to the ten cooperative members. Supplier would be required to match the lower cooperative
pricing under the Master Agreement and make it available to the ten cooperative members.
C) Supplier holds a contract with an individual Public Agency. The Public
Agency contract does not contain any cooperative language and therefore other Public Agencies are not
eligible to utilize the contract. Supplier would be required to match the lower pricing under the Master
Agreement and make it available only to the individual Public Agency.
iii) Deviating Buying Patterns. Occasionally U.S. Communities and Supplier may
interact with a Public Agency that has a buying pattern or terms and conditions that considerably deviate from the
normal Public Agency buying pattern and terms and conditions, and causes Supplier’s pricing under the Master
Agreement to be higher than an alternative contract held by Supplier. This could be created by a unique end-user
preference or requirements. In the event that this situation occurs, Supplier may address the issue by lowering the
price under the Master Agreement on the item(s) causing the large deviation for that Public Agency. Supplier would
not be required to lower the price for other Public Agencies.
iv) Supplier’s Options in Responding to a Third Party Procurement
Solicitation. While it is the objective of U.S. Communities to encourage Public Agencies to piggyback on to the
Master Agreement rather than issue their own procurement solicitations, U.S. Communities recognizes that for
various reasons some Public Agencies will issue their own solicitations. The following options are available to
Supplier when responding to a Public Agency solicitation:
A) Supplier may opt not to respond to the procurement solicitation.
Supplier may make the Master Agreement available to the Public Agency as a comparison to its solicitation
responses.
B) Supplier may respond with the pricing, terms and conditions of the
Master Agreement. If Supplier is awarded the contract, the sales would be reported as sales under the
Master Agreement.
C) If competitive conditions require pricing lower than the standard
Master Agreement pricing, Supplier may submit lower pricing through the Master Agreement. If Supplier
is awarded the contract, the sales would be reported as sales under the Master Agreement. Supplier would
not be required to extend the lower price to other Public Agencies.
D) Supplier may respond to the procurement solicitation with pricing that
is higher (net to buyer) than the pricing offered under the Master Agreement. If awarded a contract,
Supplier shall still be bound by all obligations set forth in this Section 3.3, including, without limitation, the
requirement to continue to advise the awarding Public Agency of the pricing, terms and conditions of the
Master Agreement.
E) Supplier may respond to the procurement solicitation with pricing that
is higher (net to buyer) than the pricing offered under the Master Agreement and if an alternative response
is permitted, Supplier may offer the pricing under the Master Agreement as an alternative for consideration.
c) Economy Commitment. Supplier shall demonstrate the benefits, including the pricing
advantage, of the Master Agreement over alternative options, including competitive solicitation pricing and shall
proactively offer the terms and pricing under the Master Agreement to Public Agencies as a more effective
alternative to the cost and time associated with such alternate bids and solicitations.
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d) Sales Commitment. Supplier shall market the Master Agreement through Supplier’s
sales force or dealer network that is properly trained, engaged and committed to offering the Master Agreement as
Supplier’s primary offering to Public Agencies. Supplier’s sales force compensation and incentives shall be greater
than or equal to the compensation and incentives earned under other contracts to Public Agencies.
i) Supplier Sales. Supplier shall be responsible for proactive sales of Supplier’s
Products and Services to Public Agencies and the timely follow-up to sales leads identified by U.S. Communities.
Use of product catalogs, targeted advertising, direct mail, online marketing and other sales initiatives are
encouraged. All of Supplier’s sales materials targeted towards Public Agencies shall include the U.S. Communities
logo. U.S. Communities hereby grants to Supplier, during the term of this Agreement, a non-exclusive, revocable,
non-transferable, license to use the U.S. Communities name, trademark, and logo solely to perform its obligations
under this Agreement, and for no other purpose. Any goodwill, rights, or benefits derived from Supplier's use of the
U.S. Communities name, trademark, or logo shall inure to the benefit of U.S. Communities. U.S. Communities shall
provide Supplier with its logo and the standards to be employed in the use of the logo. During the term of the
Agreement, the Supplier shall provide U.S. Communities with its logo and the standards to be employed in the use
of the logo for purposes of reproducing and using Supplier’s name and logo in connection with the advertising,
marketing and promotion of the Master Agreement to Public Agencies. Supplier shall assist U.S. Communities by
providing camera-ready logos and by participating in related trade shows and conferences. At a minimum,
Supplier's sales initiatives shall communicate that (i) the Master Agreement was competitively solicited by the Lead
Public Agency, (ii) the Master Agreement provides the Supplier’s best overall pricing and value to eligible agencies,
iii) there is no cost to Participating Public Agencies, and (iv) the Master Agreement is a non-exclusive contract.
ii) Branding and Logo Compliance. Supplier shall be responsible for complying
with the U.S. Communities branding and logo standards and guidelines. Prior to use by Supplier, all U.S.
Communities related marketing material must be submitted to U.S. Communities for review and approval.
iii) Sales Force Training. Supplier shall train its national sales force on the Master
Agreement and U.S. Communities program. U.S. Communities shall be available to train on a national, regional or
local level and generally assist with the education of sales personnel.
iv) Participating Public Agency Access. Supplier shall establish the following
communication links to facilitate customer access and communication:
A) A dedicated U.S. Communities internet web-based homepage that is
accessible from Supplier’s homepage or main menu navigation containing:
1) U.S. Communities standard logo with Founding Co-
Sponsors logos;
2) Copy of original procurement solicitation;
3) Copy of Master Agreement including any amendments;
4) Summary of Products and Services pricing;
5) Electronic link to U.S. Communities’ online registration
page; and
6) Other promotional material as requested by U.S.
Communities.
B) A dedicated toll-free national hotline for inquiries regarding U.S.
Communities.
C) A dedicated email address for general inquiries in the following
format: uscommunities@(name of supplier).com.
v) Electronic Registration. Supplier shall be responsible for ensuring that each
Public Agency has completed U.S. Communities’ online registration process prior to processing the Public
Agency’s first sales order.
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vi) Supplier’s Performance Review. Upon request by U.S. Communities, Supplier
shall participate in a performance review meeting with U.S. Communities to evaluate Supplier’s performance of the
covenants set forth in this Agreement.
vii) Supplier Content. Supplier may, from time to time, provide certain graphics,
media, and other content to U.S. Communities (collectively "Supplier Content") for use on U.S. Communities
websites and for general marketing and publicity purposes. During the term of the Agreement, Supplier hereby
grants to U.S. Communities and its affiliates a non-exclusive, worldwide, free, transferrable, license to reproduce,
modify, distribute, publically perform, publically display, and use Supplier Content in connection with U.S.
Communities websites and for general marketing and publicity purposes, with the right to sublicense each and every
such right. Supplier warrants that: (a) Supplier is the owner of or otherwise has the unrestricted right to grant the
rights in and to Supplier Content as contemplated hereunder; and (b) the use of Supplier Content and any other
materials or services provided to U.S. Communities as contemplated hereunder will not violate, infringe, or
misappropriate the intellectual property rights or other rights of any third party
3.4 Breach of Supplier’s Representations and Covenants. The representations and covenants
set forth in this Agreement are the foundation of the relationship between U.S. Communities and Supplier. If
Supplier is found to be in violation of, or non-compliance with, one or more of the representations and covenants set
forth in this Agreement, Supplier shall have ninety (90) days from the notice of default to cure such violation or non-
compliance and, if Supplier fails to cure such violation or non-compliance within such notice period, it shall be
deemed a cause for immediate termination of the Master Agreement at Lead Public Agency’s sole discretion or this
Agreement at U.S. Communities’ sole discretion.
3.5 Indemnity. Supplier hereby agrees to indemnify and defend U.S. Communities, and its
parent companies, subsidiaries, affiliates, shareholders, member, manager, officers, directors, employees, agents,
and representatives from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses
including, without limitation, reasonable attorney's fees and legal costs) of any kind or nature, arising from or
relating to, any actual or alleged breach of any of Supplier's representations, warranties, or covenants in this
Agreement.
ARTICLE IV
PRICING AUDITS
4.1 Supplier shall, at Supplier’s sole expense, maintain an accounting of all purchases made by Lead
Public Agency and Participating Public Agencies under the Master Agreement. U.S. Communities and Lead
Public Agency each reserve the right to audit the accounting for a period of three (3) years from the time such
purchases are made. This audit right shall survive termination of this Agreement for a period of one (1) year from
the effective date of termination. U.S. Communities shall have the authority to conduct random audits of Supplier’s
pricing that is offered to Participating Public Agencies at U.S. Communities’ sole cost and expense.
Notwithstanding the foregoing, in the event that U.S. Communities is made aware of any pricing being offered to
three (3) or more Participating Public Agencies that is materially inconsistent with the pricing under the Master
Agreement, U.S. Communities shall have the ability to conduct a reasonable audit of Supplier’s pricing at Supplier’s
sole cost and expense during regular business hours upon reasonable notice. U.S. Communities may conduct the
audit internally or may engage a third-party auditing firm on a non-contingent basis. Supplier shall solely be
responsible for the cost of the audit. In the event of an audit, the requested materials shall be provided in the format
and at the location where kept in the ordinary course of business by Supplier.
ARTICLE V
FEES & REPORTING
5.1 Administrative Fees. Supplier shall pay to U.S. Communities a monthly administrative fee based
upon the total sales price of all purchases shipped and billed pursuant to the Master Agreement, excluding taxes, in
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the amount of two percent (2%) of aggregate purchases made during each calendar month (individually and
collectively, “Administrative Fees”). Supplier’s annual sales shall be measured on a calendar year basis. All
Administrative Fees shall be payable in U.S. Dollars and shall be made by wire to U.S. Communities, or its designee
or trustee as may be directed in writing by U.S. Communities. Administrative Fees shall be due and payable within
thirty (30) days of the end of each calendar month for purchases shipped and billed during such calendar month.
U.S. Communities agrees to pay to Lead Public Agency five percent (5%) of all Administrative Fees received from
Supplier to help offset Lead Public Agency’s costs incurred in connection with managing the Master Agreement
nationally.
5.2 Sales Reports. Within thirty (30) days of the end of each calendar month, Supplier shall deliver to
U.S. Communities an electronic accounting report, in the format prescribed by Exhibit B, attached hereto,
summarizing all purchases made under the Master Agreement during such calendar month (“Sales Report”). All
purchases indicated in the Sales Report shall be denominated in U.S. Dollars. All purchases shipped and billed
pursuant to the Master Agreement for the applicable calendar month shall be included in the Sales Report.
Submitted reports shall be verified by U.S. Communities against its registration database. Any data that is
inconsistent with the registration database shall be changed prior to processing. U.S. Communities reserves the right
upon reasonable advance notice to Supplier to change the prescribed report format to accommodate the distribution
of the Administrative Fees to its program sponsors and state associations.
5.3 Exception Reporting/Sales Reports Audits. U.S. Communities or its designee may, at its sole
discretion, compare Supplier’s Sales Reports with Participating Public Agency records or other sales analysis
performed by Participating Public Agencies, sponsors, advisory board members or U.S. Communities staff. If there
is a material discrepancy between the Sales Report and such records or sales analysis as determined by U.S.
Communities, U.S. Communities shall notify Supplier in writing and Supplier shall have thirty (30) days from the
date of such notice to resolve the discrepancy to U.S. Communities’ reasonable satisfa ction. Upon resolution of the
discrepancy, Supplier shall remit payment to U.S. Communities’ trustee within fifteen (15) calendar days. Any
questions regarding an exception report should be directed to U.S. Communities in writing to
reporting@uscommunities.org. If Supplier does not resolve the discrepancy to U.S. Communities’ reasonable
satisfaction within thirty (30) days, U.S. Communities shall have the right to engage outside services to conduct an
independent audit of Supplier’s reports. Supplier shall solely be responsible for the cost of the audit.
5.4 Online Reporting. Within forty-five (45) days of the end of each calendar month, U.S.
Communities shall provide online reporting to Supplier containing Supplier’s sales reporting for such calendar
month. Supplier shall have access to various reports through the U.S. Communities intranet website. Such reports
are useful in resolving reporting issues and enabling Supplier to better manage its Master Agreement.
5.5 Usage Reporting. Within thirty (30) days of the end of each contract year, Supplier shall deliver to
U.S. Communities an electronic usage report of all sales under the Master Agreement, including:
i) Supplier’s Product Number
ii) Product Description
iii) Manufacturer Name
iv) Manufacturer Number
v) Unit of Measure
vi) U.S. Communities Price
vii) Number of times ordered
viii) Units sold
ix) Sales by Manufacturer
5.6 Supplier’s Failure to Provide Reports or Pay Administrative Fees. Failure to provide a Sales
Report or pay Administrative Fees within the time and in the manner specified herein shall be regarded as a material
breach under this Agreement and if not cured within thirty (30) days of written notice to Supplier, shall be deemed a
cause for termination of the Master Agreement at Lead Public Agency’s sole discretion or this Agreement at U.S.
Communities’ sole discretion. All Administrative Fees not paid within thirty (30) days of the end of the previous
calendar month shall bear interest at the rate of one and one-half percent (1.5%) per month until paid in full.
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ARTICLE VI
MISCELLANEOUS
6.1 Entire Agreement. This Agreement supersedes any and all other agreements, either oral or in
writing, between the parties hereto with respect to the subject matter hereof, and no other agreement, statement, or
promise relating to the subject matter of this Agreement which is not contained herein shall be valid or binding.
6.2 Assignment.
a) Supplier. Neither this Agreement nor any rights or obligations hereunder shall be
assignable by Supplier without prior written consent of U.S. Communities, and any assignment without such consent
shall be void.
b) U.S. Communities. This Agreement and any rights or obligations hereunder may be
assigned by U.S. Communities in U.S. Communities’ sole discretion, to an existing or newly established legal entity
that has the authority and capacity to perform U.S. Communities’ obligations hereunder.
6.3 Notices. All reports, notices or other communications given hereunder shall be delivered by first-
class mail, postage prepaid, or overnight delivery requiring signature on receipt to the addresses as set forth below.
U.S. Communities may, by written notice delivered to Supplier, designate any different address to which subsequent
reports, notices or other communications shall be sent.
U.S. Communities: U.S. Communities
9711 Washingtonian Blvd. Suite 100
Gaithersburg, MD 20878-7381
Attn: Program Manager Administration
Supplier: ________________________________
Attn: U.S. Communities Program Manager
6.4 Severability. If any provision of this Agreement shall be deemed to be, or shall in fact be, illegal,
inoperative or unenforceable, the same shall not affect any other provision or provisions herein contained or render
the same invalid, inoperative or unenforceable to any extent whatever.
6.5 Waiver. Any failure of a party to enforce, for any period of time, any of the provisions under this
Agreement shall not be construed as a waiver of such provisions or of the right of said party thereafter to enforce
each and every provision under this Agreement.
6.6 Counterparts. This Agreement may be executed in several counterparts, each of which shall be an
original and all of which shall constitute but one and the same instrument.
6.7 Modifications. This Agreement may not be effectively amended, changed, modified, altered or
terminated without the prior written consent of the parties hereto.
6.8 Governing Law; Arbitration. This Agreement will be governed by and interpreted in accordance
with the laws of the State of California without regard to any conflict of laws principles. Any dispute, claim, or
controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or
validity thereof, including the determination of the scope or applicability of this dispute resolution clause, shall be
determined by arbitration in Walnut Creek, California, before one (1) arbitrator. The arbitration shall be
administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the award
may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional
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remedies in aid of arbitration from a court of appropriate jurisdiction. The prevailing party will be entitled to
recover its reasonable attorneys' fees and arbitration costs from the other party. The arbitration award shall be final
and binding. Each party commits that prior to commencement of arbitration proceedings, the parties shall submit
the dispute to JAMS for mediation. The parties will cooperate with JAMS and with one another in selecting a
mediator from JAMS panel of neutrals, and in promptly scheduling the mediation proceedings. The parties
covenant that they will participate in the mediation in good faith, and that they will share equally in its costs. The
mediation will be conducted by each party designating a duly authorized officer or other representative to represent
the party with the authority to bind the party, and that the parties agree to exchange informally such information as is
reasonably necessary and relevant to the issues being mediated. All offers, promises, conduct, and statements,
whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts,
and attorneys, and by the mediator or any JAMS employees, are confidential, privileged, and inadmissible for any
purpose, including impeachment, in any arbitration or other proceeding involving the parties, provided that evidence
that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its
use in the mediation. If the dispute is not resolved within thirty (30) days from the date of the submission of the
dispute to mediation (or such later date as the parties may mutually agree in writing), the administration of the
arbitration shall proceed. The mediation may continue, if the parties so agree, after the appointment of the
arbitrator. Unless otherwise agreed by the parties, the mediator shall be disqualified from serving as arbitrator in the
case. The pendency of a mediation shall not preclude a party from seeking provisional remedies in aid of the
arbitration from a court of appropriate jurisdiction, and the parties agree not to defend against any application for
provisional relief on the ground that a mediation is pending.
6.9 Successors and Assigns. This Agreement shall inure to the benefit of and shall be binding upon
U.S. Communities, Supplier and any successor and assign thereto; subject, however, to the limitations contained
herein.
Remainder of Page Intentionally Left Blank – Signatures Follow]
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IN WITNESS WHEREOF, U.S. Communities has caused this Agreement to be executed in its name and Supplier
has caused this Agreement to be executed in its name, all as of the date first written above.
U.S. Communities:
U.S. COMMUNITIES GOVERNMENT PURCHASING ALLIANCE
By _______________________________
Name: Kevin Juhring
Title: President
Supplier:
By _______________________________
Name: _______________________________
Title: _______________________________
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SALES REPORT FORMAT
Appendix B - US (Data Format)
TIN Supplier ID Account No. Agency Name Dept Name Address City State Zip Agency Type Year Qtr Month Amount
956000735 178 89518997 CITY OF LA/MGMT EMPL SVCS Purchasing 555 RAMIREZ ST STE 312 LOS ANGELES CA 90012 20 2015 3 1 1525.50
956000222 178 34868035 LOS ANGELES COUNTY Facilities 350 S FIGUEROA ST STE 700 LOS ANGELES CA 90071 30 2015 3 1 1603.64
956000735 178 89496461 CITY OF LA/ENVIRON AFFAIR Purchasing 555 RAMIREZ ST STE 312 LOS ANGELES CA 90012 20 2015 3 1 1625.05
956000735 178 89374835 CITY OF LA/COMMUNITY DEV Purchasing 555 RAMIREZ ST STE 312 LOS ANGELES CA 90012 20 2015 3 1 45090.79
066002010 178 328NA0001053 GROTON TOWN OF PUBLIC WORKS Water 123 A St.GROTON CT 06340 20 2015 3 1 318.00
066001854 178 328NA0001051 GROTON CITY OF Administration 123 A St.GROTON CT 06340 20 2015 3 1 212.00
Column Name Required Data Type Length Example Comment
TIN Optional Text 9 956000735 No Dash, Do not omit leading zero.
Supplier ID Yes Number 3 111 See Supplier ID Table Below
Account No. Yes Text 25 max
Agency Name Yes Text 255 max
Dept Name Optional Text 255 max
Address Yes Text 255 max
City Yes Text 255 max Los Angeles Must be a valid City name
State Yes Text 2 CA
Zip Yes Text 5 90071 No Dash, Do not omit leading zero, Valid zip code
Agency Type Yes Number 2 30 See Agency Type Table Below
Year Yes Number 4 2010
Qtr Yes Number 1 4
Month Yes Number 2
Amount Yes Number variable 45090.79 Two digit decimal point, no $ sign or commas
Agency Type ID Agency Type Description
10 K-12
11 Community College
12 College and University
20 City
21 City Special District
22 Consolidated City/County
30 County
31 County Special District
40 Federal
41 Crown Corporations
50 Housing Authority
80 State Agency
81 Independent Special District
82 Non-Profit
84 Other
Agency Type Table
Sales Report Template
SALES REPORT DATA FORMAT
Depends on supplier account no.
Los Angeles County
Purchasing Dept
12
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EXHIBIT 8
STATE NOTICE ADDENDUM
Pursuant to certain state notice provisions the following public agencies and political subdivisions of
the referenced public agencies are eligible to access the contract award made pursuant to this
solicitation. Public agencies and political subdivisions are hereby given notice of the foregoing request
for proposal for purposes of complying with the procedural requirements of said statutes:
Nationwide:
http://www.usa.gov/Agencies/Local_Government/Cities.shtml
Other states:
State of Oregon, State of Hawaii, State of Washington
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LG 5)30DULFRSDRXQW\
30 S
EXHIBIT 8
SERIAL 180233-RFP
4/ -$0-
1$)"0)$/$ .8
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LG 5)30DULFRSDRXQW\
30 S
EXHIBIT 8
SERIAL 180233-RFP
8
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LG 5)30DULFRSDRXQW\
30 S
EXHIBIT 8
SERIAL 180233-RFP
8
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LG 5)30DULFRSDRXQW\
30 S
EXHIBIT 8
SERIAL 180233-RFP
8
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LG 5)30DULFRSDRXQW\
30 S
EXHIBIT 8
SERIAL 180233-RFP
0.$)"1 '*+( )/
1$ 2 0-
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30 S
EXHIBIT 8
SERIAL 180233-RFP
0--4 0)/4 0(4
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0.4 -
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30 S
EXHIBIT 8
SERIAL 180233-RFP
4
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0/*0'/0-4
0$
5$ 4./ (.
2( )/
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LG 5)30DULFRSDRXQW\
30 S
EXHIBIT 8
SERIAL 180233-RFP
0/# -)
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2 2.#$+0-
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30 S
EXHIBIT 8
SERIAL 180233-RFP
4
0/# -0-
4 0/# -
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LG 5)30DULFRSDRXQW\
30 S
EXHIBIT 8
SERIAL 180233-RFP
0'8
2
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LG 5)30DULFRSDRXQW\
30 S
EXHIBIT 8
SERIAL 180233-RFP
1$ -.$/4
1 -.$/4
0
4'#0-./1 -.$/4
1 -.$/4 0-
1$
1
0/ .0)/4 3/ ).$*)
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LG 5)30DULFRSDRXQW\
30 S
EXHIBIT 8
SERIAL 180233-RFP
HMNJ
0-)
0)-$.
0-).0/
0
4
0
1$
8
0/$).
0)-$. 2 0/#*-$/4
0)/4 4
1 )/
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LG 5)30DULFRSDRXQW\
30 S
EXHIBIT 8
SERIAL 180233-RFP
A
LI
BFH
N<F<F
NFF
2 ''0-
0-
5 -
0-0)
A
1 -
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FL
0.'2 0 4
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4
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LG 5)30DULFRSDRXQW\
30 S
EXHIBIT 8
SERIAL 180233-RFP
4 0/
8
8
8 4
4 0)4
4
0(0)$/4
4 4/*)
4
4 1 )/$*)
4 0/#
LG 5)30DULFRSDRXQW\
30 S
EXHIBIT 8
SERIAL 180233-RFP
4
4
0 4
4
4
1 4
1$
4
4 0$''
4
4
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4 0.8
0 4
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4 A
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0)/4
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BF
G
BF
LG 5)30DULFRSDRXQW\
30 S
EXHIBIT 8
SERIAL 180233-RFP
LG
A 1
0"'0)/4 A
1 -0-
A
0/#0)/4 0
4
A 0
0)/4 1$-*)( )/
1$
4
0)$/4
0)$/4
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JEH8
0./-$ .0)
2*( )
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0 4
0
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LG 5)30DULFRSDRXQW\
30 S
EXHIBIT 8
SERIAL 180233-RFP
1 1$
2$/#
1 1$
0-4
0)
0- ( )/1$
3
3
4
0(
4 2
0)$/4
0)/4
1$'' 2 -
0- 0
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0$'' 0.$)"0/#*-$/4
0.$)"0/#*-$/4 0)/4
0.$)"0/#*-$/4 0)/4
2
LG 5)30DULFRSDRXQW\
30 S
SERIAL 180233-RFP
EXHIBIT 9
FEMA STANDARD TERMS AND CONDITIONS ADDENDUM
FOR CONTRACTS AND GRANTS
If any purchase made under the Master Agreement is funded in whole or in part by Federal Emergency Management
Agency (“FEMA”) grants, Contractor shall comply with all federal laws and regulations applicable to the receipt of
FEMA grants, including, but not limited to the contractual procedures set forth in Title 44 of the Code of Federal
Regulations, Part 13 (“44 CFR 13”).
In addition, Contractor agrees to the following specific provisions:
1. Pursuant to 44 CFR 13.36(i)(1), County is entitled to exercise all administrative, contractual, or other
remedies permitted by law to enforce Contractor’s compliance with the terms of this Master Agreement, including
but not limited to those remedies set forth at 44 CFR 13.43.
2. Pursuant to 44 CFR 13.36(i)(2), County may terminate the Master Agreement for cause or convenience in
accordance with the procedures set forth in the Master Agreement and those provided by 44 CFR 13.44.
3. Pursuant to 44 CFR 13.36(i)(3)-(6)(12), and (13), Contractor shall comply with the following federal laws:
a. Executive Order 11246 of September 24, 1965, entitled “Equal Employment Opportunity,” as
amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor (“DOL”)
regulations (41 CFR Ch. 60);
b. Copeland “Anti-Kickback” Act (18 U.S.C. 874), as supplemented in DOL regulations (29 CFR
Part 3);
c. Davis-Bacon Act (40 U.S.C. 276a-276a-7) as supplemented by DOL regulations (29 CFR Part 5);
d. Section 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as
supplemented by DOL regulations (29 CFR Part 5);
e. Section 306 of the Clean Air Act (42 U.S.C. 1857(h), section 508 of the Clean Water Act (33
U.S.C. 1368), Executive Order 11738, and Environmental
Protection Agency regulations (40 CFR part 15); and
f. Mandatory standards and policies relating to energy efficiency which are contained in the state
energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89
Stat. 871).
4. Pursuant to 44 CFR 13.36(i)(7), Contractor shall comply with FEMA requirements and regulations
pertaining to reporting, including but not limited to those set forth at 44 CFR 40 and 41.
5. Pursuant to 44 CFR 13.36(i)(8), Contractor agrees to the following provisions regarding patents:
a. All rights to inventions and/or discoveries that arise or are developed, in the course of or under
this Agreement, shall belong to the County and be disposed of in accordance with County policy. The County, at its
own discretion, may file for patents in connection with all rights to any such inventions and/or discoveries.
6. Pursuant to 44 CFR 13.36(i)(9), Contractor agrees to the following provisions, regarding copyrights:
a. If this Agreement results in any copyrightable material or inventions, in accordance with 44 CFR
13.34, FEMA reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use,
for Federal Government purposes:
1) The copyright in any work developed under a grant or contract; and
2) Any rights of copyright to which a grantee or a contactor purchases ownership with grant support.
LG 5)30DULFRSDRXQW\
30 S
SERIAL 180233-RFP
7. Pursuant to 44 CFR 13.36(i)(10), Contractor shall maintain any books, documents, papers, and records of
the Contractor which are directly pertinent to this Master Agreement. At any time during normal business hours and
as often as County deems necessary, Contractor shall permit County, FEMA, the Comptroller General of United
States, or any of their duly authorized representatives to inspect and photocopy such records for the purpose of
making audit, examination, excerpts, and transcriptions.
8. Pursuant to 44 CFR 13.36(i)(11), Contractor shall retain all required records for three years after FEMA or
County makes final payments and all other pending matters are closed. In addition, Contractor shall comply with
record retention requirements set forth in 44 CFR 13.42.
LG 5)30DULFRSDRXQW\
30 S
SERIAL 180233-RFP
EXHIBIT 10
COMMUNITY DEVELOPMENT BLOCK GRANT ADDENDUM
Purchases made under this contract may be partially or fully funded with federal grant funds. Funding for this work
may include Federal Funding sources, including Community Development Block Grant (CDBG) funds from the
U.S. Department of Housing and Urban Development. When such funding is provided, Contractor shall comply
with all terms, conditions and requirements enumerated by the grant funding source, as well as requirements of the
State statutes for which the contract is utilized, whichever is the more restrictive requirement. When using Federal
Funding, Contractor shall comply with all wage and latest reporting provisions of the Federal Davis-Bacon Act.
HUD-4010 Labor Provisions also applies to this contract.
LG 5)30DULFRSDRXQW\
30 S
SERIAL 180233-RFP
EXHIBIT 11
UNIFORM ADMINISTRATIVE REQUIREMENTS
By entering into this Contract the Contractor agrees to comply with all applicable provisions of Title 2, Subtitle A,
Chapter II, PART 200—UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT
REQUIREMENTS FOR FEDERAL AWARDS contained in Title 2 C.F.R. § 200 et seq.
LG 5)30DULFRSDRXQW\
30 S
SERIAL 180233-RFP
EXHIBIT 12
ORACLE SOFTWARE TERMS AND CONDITIONS
LG 5)30DULFRSDRXQW\
30 S
SERIAL 180233-RFP
LG 5)30DULFRSDRXQW\
30 S
SERIAL 180233-RFP
LG 5)30DULFRSDRXQW\
30 S
SERIAL 180233-RFP
LG 5)30DULFRSDRXQW\
30 S
SERIAL 180233-RFP
LG 5)30DULFRSDRXQW\
30 S
SERIAL 180233-RFP
LG 5)30DULFRSDRXQW\
30 S
SERIAL 180233-RFP
LG 5)30DULFRSDRXQW\
30 S
SERIAL 180233-RFP
LG 5)30DULFRSDRXQW\
30 S
SERIAL 180233-RFP
LG 5)30DULFRSDRXQW\
30 S
SERIAL 180233-RFP
EXHIBIT 13
ORACLE CLOUD TERMS AND CONDITIONS
LG 5)30DULFRSDRXQW\
30 S
SERIAL 180233-RFP
LG 5)30DULFRSDRXQW\
30 S
SERIAL 180233-RFP
LG 5)30DULFRSDRXQW\
30 S
SERIAL 180233-RFP
LG 5)30DULFRSDRXQW\
30 S
SERIAL 180233-RFP
LG 5)30DULFRSDRXQW\
30 S
SERIAL 180233-RFP
LG 5)30DULFRSDRXQW\
30 S
SERIAL 180233-RFP
LG 5)30DULFRSDRXQW\
30 S
SERIAL 180233-RFP
LG 5)30DULFRSDRXQW\
30 S
SERIAL 180233-RFP
LG 5)30DULFRSDRXQW\
30 S
SERIAL 180233-RFP
LG 5)30DULFRSDRXQW\
30 S
SERIAL 180233-RFP
EXHIBIT 14
ORACLE HARDWARE TERMS AND CONDITIONS
LG 5)30DULFRSDRXQW\
30 S
SERIAL 180233-RFP
LG 5)30DULFRSDRXQW\
30 S
SERIAL 180233-RFP
LG 5)30DULFRSDRXQW\
30 S
SERIAL 180233-RFP
LG 5)30DULFRSDRXQW\
30 S
SERIAL 180233-RFP
LG 5)30DULFRSDRXQW\
30 S
SERIAL 180233-RFP
LG 5)30DULFRSDRXQW\
30 S
SERIAL 180233-RFP
LG 5)30DULFRSDRXQW\
30 S
SERIAL 180233-RFP
LG 5)30DULFRSDRXQW\
30 S
SERIAL 180233-RFP
LG 5)30DULFRSDRXQW\
30 S
SERIAL 180233-RFP
LG 5)30DULFRSDRXQW\
30 S
SERIAL 180233-RFP
LG 5)30DULFRSDRXQW\
30 S
SERIAL 180233-RFP
LG 5)30DULFRSDRXQW\
30 S
SERIAL 180233-RFP
LG 5)30DULFRSDRXQW\
30 S
SERIAL 180233-RFP
LG 5)30DULFRSDRXQW\
30 S
SERIAL 180233-RFP
LG 5)30DULFRSDRXQW\
30 S
ATTACHMENT A
PRICING
SERIAL 180233-RFP
NIGP CODE: 20655
RESPONDENT'S NAME:
COUNTY VENDOR NUMBER :
ADDRESS:
P.O. ADDRESS:
TELEPHONE NUMBER:
FACSIMILE NUMBER:
WEB SITE:
CONTACT (REPRESENTATIVE):
REPRESENTATIVE'S E-MAIL ADDRESS:
YES NO
WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCHASE FROM THIS CONTRACT [ ] [ ]
NET 10 DAYS [ ] NET 45 DAYS [ ] 1% 10 DAYS NET 30 DAYS
NET 15 DAYS [ ] NET 60 DAYS [ ] 2% 30 DAYS NET 31 DAYS
NET 20 DAYS [ ] NET 90 DAYS [ ] 1% 30 DAYS NET 31 DAYS
NET 30 DAYS [ ] 2% 10 DAYS NET 30 D [ ] 5% 30 DAYS NET 31 DAYS
Product
Discount
Support
Discount
TOTAL DISCOUNTS 0% 0%
AVERAGE DISCOUNTS 0.000% 0.000%
TOTAL DISCOUNTS 0%
AVERAGE DISCOUNTS 0%
TOTAL DISCOUNTS 0%
AVERAGE DISCOUNTS 0%
TOTAL DISCOUNTS 0%
AVERAGE DISCOUNTS 0%
TOTAL DISCOUNTS -$
AVERAGE DISCOUNTS -$
TOTAL DISCOUNTS NA NA
AVERAGE DISCOUNTS NA NA
TOTAL DISCOUNTS 0%
AVERAGE DISCOUNTS 0%
TOTAL DISCOUNTS NA NA
AVERAGE DISCOUNTS NA NA
1.3.6 Support Services Recap
1.3.7 Training Recap
1.3.8 Financing Recap
1.3.4 Cloud Services Recap
1.3.5 Professional Services Recap
RESPONDENT IS REQUIRED TO PICK ONE OF THE FOLLOWING PAYMENT TERMS.
FAILURE TO INDICATE PAYMENT TERMS WILL RESULT IN A DEFAULT TO NET 30 DAYS.
RESPONDENT MUST INITIAL THEIR SELECTION BELOW.
1.3.1 Perpetual License Recap
1.3.2 Engineered Systems Recap
1.3.3 Hardware Recap
LG 5)30DULFRSDRXQW\
30 S
ATTACHMENT A
PRICING
LG 5)30DULFRSDRXQW\
30 S
Reseller:
1.3.5 Consulting/Professional Services
Labor Category Year 1 Year 2 Year 3 Year 4 Year 5
Application Developer
Associate Consultant
Consulting/Engineer
Director/Engineer
Installation Engineer
Managing Principal Consultant
Practice Director
Practice Manager
Principal Consultant
Project Manager/Engineer
Senior Consultant/Engineer
Senior Project Manager
Sr. Application Developer
Sr. Practice Director
Sr. Principal Consultant
Sr. Systems Engineer
Staff Consultant
Systems Engineer
TOTAL -$ -$ -$ -$ -$
AVERAGE -$ -$ -$ -$ -$
TOTAL -$
TOTAL AVERAGE -$
Labor Rate(s)
LG 5)30DULFRSDRXQW\
30 S
Reseller:
1.3.6 Technical Support Services and/or Maintenance Support Services
Technical Support Services and/or Mainentance Support
Services fees are calculated as a factor of fees paid on net
new licenses and/or harware, renewal of services thereafter
are priced based on a percentage increase over prior years
fees and provided in accordance with then current Technical
Support Policies.
LG 5)30DULFRSDRXQW\
30 S
13120 TRAINING
Reseller:
1.3.7 Oracle Training and University Products
Oracle University
Training Services
Customer Transaction
Band
0 - $10,000 0%
10,001 - $25,000 0%
25,001 - $50,000 0%
50,001 - $100,000 0%
100,001 - $250,000 0%
250,001 + 0%
TOTAL 0%
AVERAGE 0%
E-Business License and Technical Support Discounts (Enter Discount off of
list price. List price detailed at www.oracle.com/education
LG 5)30DULFRSDRXQW\
30 S
Reseller:
1.3.8 Financing Services
PARTNERS TO INSERT FINANCIING SERVICES TAB
LG 5)30DULFRSDRXQW\
30 S
SERIAL 180233-RFP
EXHIBIT 4
DRAFT CONTRACT)
ORACLE PRODUCTS AND SERVICES
This Contract is entered into this _____ day of ____________, 20__ by and between Maricopa County (“County”),
a political subdivision of the State of Arizona, and _______________________________, a _________ corporation
Contractor”) for the purchase of Oracle Products and Services.
1.0 CONTRACT TERM:
1.1 This Contract is for a term of Five (5) years, beginning on the day of , 2018 and ending
the day of , 2023.
1.2 The products and services which are the subject of this Master Agreement (“County Contract”)
may be covered by a service or maintenance agreement. The term of the service or maintenance
agreement shall be governed by that document and may survive the expiration of this Master
Agreement.
1.3 The County may, at its option and with the agreement of the Contractor, renew the term of this
Contract for additional terms up to a maximum of Five (5) additional years, (or at the County’s
sole discretion, extend the contract on a month-to-month bases for a maximum of six (6) months
after expiration). The County shall notify the Contractor in writing of its intent to extend the
Contract term at least sixty (60) calendar days prior to the expiration of the original contract term,
or any additional term thereafter.
1.4 CONTRACT COMPLETION:
The Contractor shall make all reasonable efforts for an orderly transition of its duties and
responsibilities to another provider and/or to the County. This may include, but is not limited to
the preparation of a transition plan and cooperation with the County or other providers in the
transition. The transition includes the transfer of all records, and other data in the possession,
custody or control of Contractor required to be provided to the County either by the terms of this
agreement or as a matter of law. The provisions of this clause shall survive the expiration or
termination of this agreement.
2.0 PRICE ADJUSTMENTS (applies to percentages in contract):
Any requests for reasonable price adjustments must be submitted one hundred and twenty (120) calendar
days prior to the Contract expiration. Requests for adjustment in cost of labor and/or materials must be
supported by appropriate documentation. The reasonableness of the request will be determined by
comparing the request with the Consumer Price Index or by performing a market survey. If County agrees
to the adjusted price terms, County shall issue written approval of the change and provide an updated
version of the Contract. The new change shall not be in effect until the date stipulated on the Contract.
LG 5)30DULFRSDRXQW\
30 S
SERIAL 180233-RFP
3.0 PAYMENTS:
3.1 As consideration for performance of the duties described herein, County shall pay Contractor the
sum(s) stated in Exhibit “A.”
3.2 Payment shall be made upon the County’s receipt of a properly completed invoice.
3.3 INVOICES:
3.3.1 The Contractor shall submit one (1) legible copy of their detailed invoice before
payment(s) will be made. Incomplete invoices will not be processed. At a minimum, the
invoice must provide the following information:
Company name, address and contact
County bill-to name and contact information
Contract Serial Number
County purchase order number
Project name and/or number
Invoice number and date
Payment terms
Date of service or delivery
Quantity (number of days or weeks)
Contract Item number(s)
Description of Purchase (product or services)
Pricing per unit of purchase
Freight (if applicable)
Extended price
Mileage w/rate (if applicable)
Arrival and completion time (if applicable)
Total Amount Due
3.3.2 Problems regarding billing or invoicing shall be directed to the Department as listed on
the Purchase Order.
3.3.3 Payment shall only be made to the Contractor by Accounts Payable through the Maricopa
County Vendor Express Payment Program. This is an Electronic Funds Transfer (EFT)
process. After Contract Award the Contractor shall complete the Vendor Registration
Form located on the County Department of Finance Vendor Registration Web Site
http://www.maricopa.gov/922/Vendors).
3.3.4 Discounts offered in the contract shall be calculated based on the date a properly
completed invoice is received by the County.
3.3.5 EFT payments to the routing and account numbers designated by the Contractor will
include the details on the specific invoices that the payment covers. The Contractor is
required to discuss remittance delivery capabilities with their designated financial
institution for access to those details.
3.4 PAYMENT RETENTION:
3.4.1 Ten percent (10%) of monies paid for Project Management and Project Labor earned by
Contractor related to work under this Contract shall be retained by County until Final
Completion of the services herein described in any project Exhibit B Scope of Work.
County may elect to release specific retention payments based on mutually agreed
milestones, but in no case shall retention be released prior to Final Completion. All other
payment terms and conditions shall not be affected by the retention. In the event of
termination or cancellation of this Contract by County through no fault of Contractor,
Contractor shall be entitled to the refund of any funds in the retention account.
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3.4.2 After fifty percent (50%) of the work has been completed, the Maricopa County
Executive Steering Committee may reduce the retainage to five percent (5%) of all
monies previously earned and all monies earned thereafter. Any reduction in retainage
shall be in the discretion of the Maricopa County Executive Steering Committee. Any
interest earned on retainage shall accrue solely to the benefit of County.
3.4.3 The Contractor shall have the right, pursuant to Arizona Revised Statues, to submit
securities in lieu of retention for all work completed. The Contractor is required to
request this option at least ten (10) business days prior to submission of first Application
for Payment to allow time for preparation of forms. The Contractor shall request and
obtain securities forms through County. The County must identify either securities option
or retention option prior to first Application for Payment.
3.5 APPLICABLE TAXES:
3.5.1 Payment of Taxes: The Contractor shall pay all applicable taxes. With respect to any
installation labor on items that are not attached to real property performed by Contractor
under the terms of this Contract, the installation labor cost and the gross receipts for
materials provided shall be listed separately on the Contractor’s invoices.
3.5.2 State and Local Transaction Privilege Taxes: To the extent any State and local transaction
privilege taxes apply to sales made under the terms of this Contract it is the responsibility
of the seller to collect and remit all applicable taxes to the proper taxing jurisdiction of
authority.
3.5.3 Tax Indemnification: Contractor and all subcontractors shall pay all Federal, State, and
local taxes applicable to its operation and any persons employed by the Contractor.
Contractor shall, and require all subcontractors to hold Maricopa County harmless from
any responsibility for taxes, damages and interest, if applicable, contributions required
under Federal, and/or State and local laws and regulations, and any other costs including;
transaction privilege taxes, unemployment compensation insurance, Social Security, and
Worker’s Compensation.
3.6 TAX (SERVICES):
No tax shall be invoiced or paid against Contractor’s labor. It is the responsibility of the
Contractor to determine any and all applicable taxes.
3.7 TAX (COMMODITIES):
Tax shall not be invoiced against Contractor’s labor. It is the responsibility of the Contractor to
determine any and all applicable taxes.
3.8 STRATEGIC ALLIANCE for VOLUME EXPENDITURES ($AVE):
The County is a member of the $AVE cooperative purchasing group. $AVE includes the State of
Arizona, many Phoenix metropolitan area municipalities, and many K-12 unified school districts.
Under the $AVE Cooperative Purchasing Agreement, and with the concurrence of the successful
Respondent under this solicitation, a member of $AVE may access a contract resulting from a
solicitation issued by the County.
3.9 INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENTS (ICPA’s):
County currently holds ICPA’s with numerous governmental entities. These agreements allow
those entities, with the approval of the Contractor, to purchase their requirements under the terms
and conditions of the County Contract. It is the responsibility of the non-County government
entity to perform its own due diligence on the acceptability of the Contract under its procurement
rules, processes and procedures.
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4.0 AVAILABILITY OF FUNDS:
4.1 The provisions of this Contract relating to payment for services shall become effective when funds
assigned for the purpose of compensating the Contractor as herein provided are actually available
to County for disbursement. The County shall be the sole judge and authority in determining the
availability of funds under this Contract. County shall keep the Contractor fully informed as to the
availability of funds.
4.2 If any action is taken by, any State agency, Federal department, or any other agency or
instrumentality to suspend, decrease, or terminate its fiscal obligations under, or in connection
with, this Contract, County may amend, suspend, decrease, or terminate its obligations under, or in
connection with, this Contract. In the event of termination, County shall be liable for payment
only for services rendered prior to the effective date of the termination, provided that such services
are performed in accordance with the provisions of this Contract. County shall give written notice
of the effective date of any suspension, amendment, or termination under this Section, at least ten
10) days in advance.
5.0 DUTIES:
5.1 The Contractor shall perform all duties stated in Exhibit “B”, or as otherwise directed in writing
by the issuance of a project scope of work or Purchase Order by the Procurement Officer.
5.2 During the Contract term, County may provide Contractor’s personnel with adequate workspace
for consultants and such other related facilities as may be required by Contractor to carry out its
contractual obligations.
6.0 TERMS AND CONDITIONS:
6.1 INDEMNIFICATION:
To the fullest extent permitted by law, and to the extent that claims, damages, losses or expenses
are not covered and paid by insurance purchased by the Contractor, the Contractor shall defend
indemnify and hold harmless the County (as Owner), its agents, representatives, agents, officers,
directors, officials, and employees from and against all claims, damages, losses, and expenses
including, but not limited to attorneys' fees, court costs, expert witness fees, and the costs and
attorneys' fees for appellate proceedings) arising out of, or alleged to have resulted from the
negligent acts, errors, omissions, or mistakes relating to the performance of this Contract.
Contractor's duty to defend, indemnify, and hold harmless the County, its agents, representatives,
agents, officers, directors, officials, and employees shall arise in connection with any claim,
damage, loss, or expense that is attributable to bodily injury, sickness, disease, death or injury to,
impairment of, or destruction of tangible property, including loss of use resulting there from,
caused by negligent acts, errors, omissions, or mistakes in the performance of this Contract, but
only to the extent caused by the negligent acts or omissions of the Contractor, a subcontractor, any
one directly or indirectly employed by them, or anyone for whose acts they may be liable,
regardless of whether or not such claim, damage, loss, or expense is caused in part by a party
indemnified hereunder.
The amount and type of insurance coverage requirements set forth herein will in no way be
construed as limiting the scope of the indemnity in this paragraph.
The scope of this indemnification does not extend to the sole negligence of County.
Each Party (as "indemnitor") agrees to indemnify, defend, and hold harmless the other Party (as
indemnitee") from and against any and all claims, losses, liability, costs, or expenses (including
reasonable attorney's fees) (hereinafter collectively referred to as "claims") arising out of the
negligent performance of this Agreement, but only to the extent that such claims which result in
vicarious/derivative liability to the indemnitee are caused by the act, omission, negligence,
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misconduct, or other fault of the indemnitor, its officers, officials, agents, employees, or
volunteers.
6.2 INFRINGEMENT DEFENSE INDEMNIFICATION:
6.2.1 Defense and Indemnity: Contractor shall defend, Participate and Share in the Cost, as
defined below, in the full defense of the County against any Claim, as defined below, and
will indemnify and hold harmless the County as provided for in this Section for any
judgments, settlements and court awarded attorney’s fees resulting from a Claim where
the claimant is adjudged the successful party in the Claim. Contractor’s obligations under
this Section are conditioned on the following: (i) County promptly notifies Contractor of
the Claim in writing upon being made aware of the Claim; (ii) County gives Contractor
lead authority and County being control of the defense and (if applicable) settlement of
the Claim, provided that County’s legal counsel may participate in such defense and
settlement, at County’s expense, and (iii) County provides all information and assistance
reasonably requested by Contractor to handle the defense or settlement of the Claim. For
purposes of this Section, “Claim” means any cause of action in a third party action, suit
or proceeding against County alleging that Contractor software, or its upgrades,
modifications, or revisions, as of its delivery date under this Contract, infringes a valid
U.S. patent, copyright or trademark. For the purposes of this section, “Participate and
Share in the Costs” means Contractor will assist the County in the defense of the claim,
to the extent agreed to by the parties, except that Contractor shall be solely responsible
for any and all costs adjudged in a successful Claim against the County.
6.2.2 Remedial Measures: If software becomes, or Contractor reasonably believes use of
software may become the subject of a Claim, Contractor may, at its own expense and
option: (i) procure for County the right to continue use of the Product; (ii) replace or
modify the software; or to the extent that neither (i) nor (ii) are deemed commercially
practicable, (iii) refund to County a pro-rated portion of the applicable fees for software
based on a linear depreciation monthly over 10 year useful life, in which case County will
cease all use of software and return it to Contractor.
6.2.2.1 Exceptions: Contractor will have no defense or indemnity obligation for any
Claim based on: (i) modifications by someone other than Contractor; (ii)
software has been modified by Contractor in accordance with County-provided
specifications or instructions; (iii) use or combination by the County of software
with Third Party Products, open source or freeware technology; (iv) Third Party
Products, open source or freeware technology; (v) a product that is used or
located by County in a country other than the country in which or for which it
was supplied by Contractor; (vi) possession or use of a product after Contractor
has informed County of modifications or changes required to avoid such Claim
and offered to implement those modifications or changes, if such Claim would
have been avoided by implementation of Contractor's suggestions and to the
extent County did not provide Contractor with a reasonable opportunity to
implement Contractor's suggestions; or (vii) the amount of revenue or profits
earned or other value obtained by the use of Products, or the amount of use of
the Products. “Third Party Products” means any products made by a party other
than Contractor, and may include, without limitation, products ordered by
County from third parties. However, components of Contractor branded
Products are not Third Party Products if they are both: (i) embedded in Third
Party Products (i.e., not recognizable as standalone items); and (ii) not identified
as separate items on Contractor’s price list, quotes, order specifications forms or
documentation.
6.2.3 The foregoing states Contractor’s entire liability, and County’s sole and exclusive remedy
except as provided at law or equity, with respect to any infringement or misappropriate of
any intellectual property rights of another party.
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6.3 SOURCE CODE ESCROW REQUIREMENT (IF APPLICABLE):
6.3.1 The Contractor shall provide all source code and any updates or fixes for the Contractor
Commercial off the Shelf (“COTS”) application software that Maricopa County has
purchased from Contractor for safekeeping with a mutually acceptable escrow agent
within thirty (30) days of award. The software source deposited with the escrow agent
will be a snapshot of all source code maintained by Contractor in the form of a Microsoft
Visual Source Safe Archive. In this way, as beneficiary of the escrow agreement between
Contractor and escrow agent, Maricopa County will have access to all source code of the
products that they license for all versions of the software. Furthermore, the escrowed
code shall include all code specifically developed for Maricopa County including, but not
limited to: interfaces, Extraction-Transformation-Loading (ETL) routines for data
conversion, and all custom code. Upon taking possession of the source code, Maricopa
County will have the right to use the source for products that they license in the versions
currently installed on the System or any subsequent versions in the archive. Contractor
will make a deposit of the Source Safe Archive with the escrow agent upon the release of
version release or once every six (6) months, whichever occurs first.
6.3.2 Maricopa County hereby agrees to pay the yearly standard fee for a beneficiary of the
source code.
6.3.3 Maricopa County shall have access to the source code in the event any of the following
circumstances:
6.3.3.1 the sale, assignment, or transfer to any third party of any of Contractor’s rights
in the licensed product (or any portion thereof) if such sale, assignment, or
transfer would prevent Contractor from fully performing any of its obligations
under any agreement with Maricopa County;
6.3.3.2 Contractor becomes insolvent or commits any affirmative act of insolvency, or
generally fails to pay, or admits in writing its inability to pay, debts as they
become due, makes a general assignment for the benefit of creditors, files a
voluntary petition of bankruptcy, suffers or permits the appointment of a
receiver for its business or assets, becomes subject to any proceeding under, or
case in, any bankruptcy or insolvency law, or Contractor takes any action to
authorize, or in the furtherance of, any of the foregoing;
6.3.3.3 Contractor discontinues providing full support and maintenance services for the
licensed product in accordance with its obligations pursuant to any agreement
with Maricopa County;
6.3.3.4 Contractor has ceased to do business or improperly refuses to provide any
services pursuant to any agreement with Maricopa County;
6.3.3.5 Contractor has breached (and if subject to a cure period, has not cured such
breach within such period) any material term or condition of any agreement with
Maricopa County;
6.3.3.6 Any change of control of Contractor or Contractor’s parent company, where
such party is acquired, directly or indirectly, in a single transaction or series of
related transactions, or all or substantially all of the assets of such party are
acquired by any entity, or such party is merged with or into another entity to
form a new entity; or
6.3.3.7 Any other circumstance in which Maricopa County is entitled to access or use
the applicable deposit materials (including, but not limited to, the source code)
under the express terms of any agreement between Contractor and Maricopa
County.
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6.3.4 Upon Maricopa County taking possession of the source code, Maricopa County hereby
agrees as follows:
6.3.4.1 Maricopa County accepts full and total responsibility for the safekeeping of the
source code. Maricopa County agrees that such source code shall be subject to
the restrictions of transfer, sale, and reproduction placed on the software itself as
stated in the software license signed by all parties.
6.3.4.2 Maricopa County agrees to only use source code related to applications for
which they own a license. There will be source from other applications in the
archive.
6.3.4.3 Maricopa County agrees, if so ordered by a court of competent jurisdiction, to
compensate Contractor for any and all damages Contractor suffers, to include
reasonable attorney’s fees, resulting directly or indirectly from, but not limited
to, the mishandling, misuse, or theft of the source code, regardless of intent, or
the absence thereof, by Maricopa County, its employees, agents and third-party
contractors.
6.3.4.4 No license under any trademark, patent, copyright, or any other intellectual
property right, is either granted or implied by the disclosure of the source code
to Maricopa County. The Contractor’s disclosure of the source code to Maricopa
County shall not constitute any representation, warranty, assurance, guarantee or
inducement by the Contractor to Maricopa County of any kind, and, in
particular, with respect to the non-infringement of trademarks, patents,
copyrights, or any other intellectual property rights, or other rights of third
persons or of Contractor.
6.3.4.5 Contractor will not be responsible for maintaining the source code.
Furthermore, Contractor will not be liable for any consequences related to the
use of source code modified by Maricopa County.
6.4 INSURANCE:
6.4.1 Contractor, at Contractor’s own expense, shall purchase and maintain the herein
stipulated minimum insurance from a company or companies duly licensed by the State
of Arizona and possessing a current A.M. Best, Inc. rating of B++. In lieu of State of
Arizona licensing, the stipulated insurance may be purchased from a company or
companies, which are authorized to do business in the State of Arizona, provided that
said insurance companies meet the approval of County. The form of any insurance
policies and forms must be acceptable to County.
6.4.2 All insurance required herein shall be maintained in full force and effect until all work or
service required to be performed under the terms of the Contract is satisfactorily
completed and formally accepted. Failure to do so may, at the sole discretion of County,
constitute a material breach of this Contract.
6.4.3 Contractor’s insurance shall be primary insurance as respects County, and any insurance
or self-insurance maintained by County shall not contribute to it.
6.4.4 Any failure to comply with the claim reporting provisions of the insurance policies or any
breach of an insurance policy warranty shall not affect the County’s right to coverage
afforded under the insurance policies.
6.4.5 The insurance policies may provide coverage that contains deductibles or self-insured
retentions. Such deductible and/or self-insured retentions shall not be applicable with
respect to the coverage provided to County under such policies. Contractor shall be
solely responsible for the deductible and/or self-insured retention and County, at its
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option, may require Contractor to secure payment of such deductibles or self-insured
retentions by a surety bond or an irrevocable and unconditional letter of credit.
6.4.6 The insurance policies required by this Contract, except Workers’ Compensation and
Errors and Omissions, shall name County, its agents, representatives, officers, directors,
officials and employees as Additional Insureds.
6.4.7 The policies required hereunder, except Workers’ Compensation and Errors and
Omissions, shall contain a waiver of transfer of rights of recovery (subrogation) against
County, its agents, representatives, officers, directors, officials and employees for any
claims arising out of Contractor’s work or service.
6.4.8 Commercial General Liability:
Commercial General Liability insurance and, if necessary, Commercial Umbrella
insurance with a limit of not less than $2,000,000 for each occurrence, $4,000,000
Products/Completed Operations Aggregate, and $4,000,000 General Aggregate Limit.
The policy shall include coverage for premises liability, bodily injury, broad form
property damage, personal injury, products and completed operations and blanket
contractual coverage, and shall not contain any provisions which would serve to limit
third party action over claims. There shall be no endorsement or modifications of the
CGL limiting the scope of coverage for liability arising from explosion, collapse, or
underground property damage.
6.4.9 Automobile Liability:
Commercial/Business Automobile Liability insurance and, if necessary, Commercial
Umbrella insurance with a combined single limit for bodily injury and property damage
of not less than $2,000,000 each occurrence with respect to any of the Contractor’s
owned, hired, and non-owned vehicles assigned to or used in performance of the
Contractor’s work or services or use or maintenance of the premises under this Contract.
6.4.10 Workers’ Compensation:
Workers’ Compensation insurance to cover obligations imposed by Federal and State
statutes having jurisdiction of Contractor’s employees engaged in the performance of the
work or services under this Contract; and Employer’s Liability insurance of not less than
1,000,000 for each accident, $1,000,000 disease for each employee, and $1,000,000
disease policy limit.
Contractor, its contractors and its subcontractors waive all rights against Contract and its
agents, officers, directors and employees for recovery of damages to the extent these
damages are covered by the Workers’ Compensation and Employer’s Liability or
commercial umbrella liability insurance obtained by Contractor, its contractors and its
subcontractors pursuant to this Contract.
6.4.11 Errors and Omissions (Professional Liability) Insurance:
Errors and Omissions (Professional Liability) insurance and, if necessary, Commercial
Umbrella insurance, which will insure and provide coverage for errors or omissions or
professional liability of the Contractor, with limits of no less than $2,000,000 for each
claim.
6.4.12 Crime:
Contractor shall maintain Commercial Crime Liability Insurance with a limit of not less
than $500,000 for each occurrence. The policy shall include, but not be limited to,
coverage for employee dishonesty, fraud, theft, or embezzlement.
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6.4.13 Cyber:
Policy Limit:
6.4.13.1 The policy shall be issued with minimum limits of $100,000.
6.4.13.2 The policy shall include coverage for all directors, officers, agents and
employees of the Contractor.
6.4.13.3 The policy shall include coverage for third party fidelity.
6.4.13.4 The policy shall include coverage for theft.
6.4.13.5 The policy shall contain no requirement for arrest and conviction.
6.4.13.6 The policy shall cover loss outside the premises of the Named Insured.
6.4.13.7 The policy shall endorse (Blanket Endorsements are not acceptable) the
Department as Loss Payee as our interest may appear.
6.4.14 Technology Errors & Omission Insurance:
x Each claim $2,000,000
x Annual Aggregate $2,000,000
Such insurance shall cover any, and all errors, omissions, or negligent acts in the delivery
of products, services, and/or licensed programs under this Contract.
In the event that the Tech E&O insurance required by this Contract is written on a claims-
made basis, Contractor warrants that any retroactive date under the policy shall precede
the effective date of this Contract and, either continuous coverage will be maintained or
an extended discovery period will be exercised for a period of two (2) years, beginning at
the time work under this Contract is completed.
6.4.15 Network Security (Cyber) and Privacy Liability (IF APPLICABLE TO PROJECT):
x Each Claim $2,000,000
x Annual Aggregate $2,000,000
Such insurance shall include, but not be limited to, coverage for third party claims and
losses with respect to network risks (such as data breaches, unauthorized access or use,
ID theft of data) and invasion of privacy regardless of the type of media involved in the
loss of private information, crisis management and identity theft response costs. This
should also include breach notification costs, credit remediation, and credit monitoring,
defense and claims expenses, regulatory defense costs plus fines and penalties, cyber
extortion, computer program and electronic data restoration expenses coverage (data
asset protection), network business interruption, computer fraud coverage, and funds
transfer loss.
In the event that the Network Security and Privacy Liability insurance required by this
Contract is written on a claims-made basis, Contractor warrants that any retroactive date
under the policy shall precede the effective date of this Contract and, either continuous
coverage will be maintained, or an extended discovery period will be exercised for a
period of two (2) years beginning at the time work under this Contract is completed.
6.4.16 County shall be a Certificate Holder:
Before providing the services as defined above, Developer shall furnish County with
Certificates of Insurance evidencing coverage required by this Article. The certificates
shall identify County as additional insured and shall be signed by a person authorized by
that insurer to bind coverage on its behalf.
All obligations for occurrence coverage shall survive termination of this Agreement.
Other insurance policies required hereby shall expressly provide that such policies shall
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not be canceled, terminated or materially altered without thirty (30) days prior written
notice to County.
All insurance obligations of this Article shall survive termination of this Agreement.
It is understood that the County is “Self-Insured” and a Certificate of Insurance shall be
provided by County upon approval of this Agreement by the Parties.
6.4.17 Certificates of Insurance:
6.4.17.1 Prior to Contract award, Contractor shall furnish the County with valid and
complete certificates of insurance, or formal endorsements as required by the
Contract in the form provided by the County, issued by Contractor’s insure r(s),
as evidence that policies providing the required coverage, conditions and limits
required by this Contract are in full force and effect. Such certificates shall
identify this contract number and title.
6.4.17.2 In the event any insurance policy(ies) required by this Contract is(are) written on
a claims made basis, coverage shall extend for two years past completion and
acceptance of Contractor’s work or services and as evidenced by annual
Certificates of Insurance.
6.4.17.3 If a policy does expire during the life of the Contract, a renewal certificate must
be sent to County fifteen (15) calendar days prior to the expiration date.
6.4.18 Cancellation and Expiration Notice:
Applicable to all insurance policies required within the Insurance Requirements of this
Contract, Contractor’s insurance shall not be permitted to expire, be suspended, be
canceled, or be materially changed for any reason without thirty (30) days prior written
notice to Maricopa County. Contractor must provide to Maricopa County, within two (2)
business days of receipt, if they receive notice of a policy that has been or will be
suspended, canceled, materially changed for any reason, has expired, or will be expiring.
Such notice shall be sent directly to Maricopa County Office of Procurement Services
and shall be mailed or hand delivered to 320 West Lincoln Street, Phoenix, AZ 85003, or
emailed to the Procurement Officer noted in the solicitation.
6.5 BOND REQUIREMENT (IF REQUIRED FOR ANY PROJECT):
6.5.1 Concurrently with the submittal of the Contract, the Contractor shall furnish the
Contracting Agency the following bonds, which shall become binding upon the award of
the contract to the Contractor.
6.5.1.1 Performance Bond equal to the full Contract amount ($________or as specified)
conditioned upon the faithful performance of the Contract in accordance with
plans, specifications and conditions thereof. Such bond shall be solely for the
protection of the Contracting Agency awarding the Contract.
6.5.1.2 A Payment Bond equal to the full Contract amount ($________or as specified)
solely for the protection of claimants supplying labor and materials to the
Contractor or his Subcontractors in the prosecution of the work provided for in
such Contract.
6.5.2 Each such bond shall include a provision allowing the prevailing party in a suit on such
bond to recover as a part of his judgment such reasonable attorney’s fees as may be fixed
by a judge of the court.
6.5.3 Each bond shall be executed by a surety company or companies holding a certificate of
authority to transact surety business in the State of Arizona issued by the Director of the
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Department of Insurance. The bonds shall not be executed by an individual surety or
sureties. The bonds shall be made payable and acceptable to the Contracting Agency.
The bonds shall be written or countersigned by an authorized representative of the surety
who is either a resident of the State of Arizona or whose principal office is maintained in
this State, as by law required, and the bonds shall have attached thereto a certified copy
of the Power of Attorney of the signing official. In addition, said company or companies
shall be rated “Best-A” or better as required by the Contracting Agency, as currently
listed in the most recent Best Key Rating Guide, published by the A.M. Best Company.
6.6 FORCE MAJEURE:
6.6.1 Neither party shall be liable for failure of performance, nor incur any liability to the other
party on account of any loss or damage resulting from any delay or failure to perform all
or any part of this Contract if such delay or failure is caused by events, occurrences, or
causes beyond the reasonable control and without negligence of the parties. Such events,
occurrences, or causes will include Acts of God/Nature (including fire, flood, earthquake,
storm, hurricane or other natural disaster), war, invasion, act of foreign enemies,
hostilities (whether war is declared or not), civil war, riots, rebellion, revolution,
insurrection, military or usurped power or confiscation, terrorist activities,
nationalization, government sanction, lockout, blockage, embargo, labor dispute, strike,
interruption or failure of electricity or telecommunication service.
6.6.2 Each party, as applicable, shall give the other party notice of its inability to perform and
particulars in reasonable detail of the cause of the inability. Each party must use best
efforts to remedy the situation and remove, as soon as practicable, the cause of its
inability to perform or comply.
6.6.3 The party asserting Force Majeure as a cause for non-performance shall have the burden
of proving that reasonable steps were taken to minimize delay or damages caused by
foreseeable events, that all non-excused obligations were substantially fulfilled, and that
the other party was timely notified of the likelihood or actual occurrence which would
justify such an assertion, so that other prudent precautions could be contemplated.
6.6.4 The County shall reserve the right to terminate this Contract and/or any applicable order
or contract release purchase order upon non-performance by Contractor. The County
shall reserve the right to extend the Contract and time for performance at its discretion.
6.7 WARRANTY (IF APPLICABLE):
6.7.1 The minimum warranty for products shall be 90-days, or the manufacturers' warranty,
whichever is greater. Warranty replacement shall be done at no additional cost to the
County. This includes special order or non-stock parts. Freight charges, transportation
charges, etc. are all incurred by the Contractor. The effective date on all warranties shall
commence upon the date of installation.
6.7.2 All items furnished under this Contract shall conform to the requirements of this Contract
and shall be free from defects in design, materials and workmanship.
6.7.3 The warranty period for workmanship shall be for an initial period of twelve (12) months
and commence upon acceptance by County.
6.7.3.1 The Contractor shall indicate on the Price Sheet the duration of the warranty and
any applicable limitations or conditions which may apply.
6.7.3.2 The Contractor agrees that he will, at his own expense, provide all labor and parts
required to remove, repair or replace, and reinstall any such defective
workmanship and/or materials which becomes or is found to be defective during
the term of this warranty. The Contractor shall guarantee the equipment to be
supplied complies with all applicable regulations.
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6.7.4 Contractor shall respond to all warranty requests within 24-hours of notification.
6.8 DELIVERY:
6.8.1 Delivery shall be made within 48 hours after receipt of order (ARO)
6.8.2 Exceptions to delivery schedule will be special order items that must be identified.
6.8.3 Maricopa County reserves the right to obtain material on the open market in the event
Contractors fail to make delivery and charge any price differential to the Contractor.
6.8.4 Delivery shall be F.O.B. Destination, Freight Prepaid.
6.9 EXPEDITED DELIVERY:
6.9.1 If the Using Agency determines that rush shipping or other alternate shipping is required,
it shall notify the Contractor. The Contractor shall determine any additional costs
associated with such delivery terms and communicate that cost to the County.
6.9.2 The County shall not advise the Contractor to proceed with an expedited shipment until
acceptable terms are agreed upon and a purchase order is issued. Upon agreeing to the
additional costs, the Using Agency shall advise the Contractor to proceed.
6.9.3 Upon receipt of material(s) and invoicing, the County shall ensure that any additional
charges are in compliance with and do not exceed agreed to costs. The County shall
retain all documents related to these costs within the agency purchase file.
6.10 SHIPPING DOCUMENTS:
A packing list or other suitable shipping document shall accompany each shipment and shall
include the following:
6.10.1 Contract Serial number.
6.10.2 Contractor’s name and address.
6.10.3 Using Agency name and address.
6.10.4 Using Agency purchase order number.
6.10.5 A description of product(s) shipped, including item number(s), quantity(ies), number of
containers and package number(s), as applicable.
6.11 PERFORMANCE:
It shall be the Contractor’s responsibility to meet the proposed performance requirements.
Maricopa County reserves the right to obtain services on the open market in the event the
Contractor fails to perform and any price differential will be charged against the Contractor.
6.12 SHIPPING CHARGES:
6.12.1 Shipping costs will be borne by the Contractor. FOB: Destination.
6.12.2 Exceptions to normal shipping charges:
Expedited freight will be pre-paid by the Contractor and added to invoice if the normal
shipping schedule does not meet County requirements. These requirements will be made in
writing to the contractor.
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6.13 PACKAGING/PACKING:
Unless otherwise stated, commercial packages and packing, suitable for the type, size, and kind of
product, commonly used in the industry for the purpose, so constructed as to ensure acceptance
and safe delivery, at the lowest rate, to the point of delivery specified in the bid document is
acceptable.
6.14 OPERATING MANUALS:
Upon delivery, Contractor shall provide comprehensive operational manuals, service manuals and
schematic diagrams, if required by the Department. These may be provided in hard copy or
electronically.
6.15 INSTALLATION:
The Contractor’s price shall include delivery and installation of all equipment in a complete
operating condition.
6.16 ACCEPTANCE (IF APPLICABLE):
6.16.1 Perpetual Licenses – Software is made available via a web link provided by the
Licensor; there is no acceptance period for perpetual licenses.
6.16.2 Engineered Systems and Hardware - For Customer’s Initial purchase of each
Engineered Systems or Hardware the Contractor shall provide an acceptance test period
the “Test Period “) that commences upon Installation. Installation shall be defined as:
a.) the Equipment, if any, is mounted; b.) the Software is installed on the data base
server(s) and/or personal computer(s); and c.) implementation team training, if any, is
complete. During the Test Period, County shall determine whether the Equipment and
Software meet the Contractor published electronic documentation, (“Specifications”).
The Test Period shall be for at least ninety (90) calendar days, or as negotiated for that
specific project. If County has not given Contractor a written deficiency statement
specifying how the Equipment or Software fails to meet the Specification (“Deficiency
Statement’) within the Test Period, the Equipment and Software shall be deemed
accepted. If County provides a Deficiency Statement within the Test Period, Contractor
shall have thirty (30) calendar days to correct the deficiency, and the Customer shall have
an additional sixty (60) calendar days to evaluate the Equipment and Software. If the
Equipment or Software does not meet the Specifications at the end of the second thirty
30) calendar day period, the County may terminate this Contract. Upon any such
termination, Contractor shall, at Contractor’s cost, remove all equipment and software
from County premises and equipment. County shall return all Equipment and Software to
Contractor, and Contractor shall refund any monies paid by County to Contractor. Upon
completion of these terms, neither party shall then have any further liability to the other
for the products that were the subject of the Acceptance Test.
6.16.3 Cloud Services – Cloud services are provisions via a web link provided by the cloud
service provider; there is no acceptance period for cloud services.
6.17 RETURN POLICY:
The Bidders shall state their return policy, time limitations, or restocking charges (if any) for such
returns. Products will not be accepted in damaged or broken/unsealed packages. Credit memos
shall be issued, in accordance with the Contractor’s return policy. If a restocki ng charge is
applied, the credit memo must reflect the full credit amount of each item returned and the
restocking charge shall be a separate line.
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6.18 INSPECTION OF SERVICES (IF APPLICABLE):
6.18.1 The Contractor shall provide and maintain an inspection system acceptable to County
covering the services under this Contract. Complete records of all inspection work
performed by the Contractor shall be maintained and made available to County during
Contract performance and for as long afterwards as the Contract requires.
6.18.2 County has the right to inspect and test all services called for by the Contract, to the
extent practicable at all times and places during the term of the Contract. County shall
perform inspections and tests in a manner that will not unduly delay the work.
6.18.3 If any of the services do not conform to Contract requirements, County may require the
Contractor to perform the services again in conformity with Contract requirements, at no
cost to the County. When the defects in services cannot be corrected by re-performance,
County may:
6.18.3.1 Require the Contractor to take necessary action to ensure that future
performance conforms to Contract requirements; and
6.18.3.2 Reduce the Contract price to reflect the reduced value of the services performed.
6.18.4 If the Contractor fails to promptly perform the services again or to take the necessary
action to ensure future performance in conformity with Contract requirements, County
may:
6.18.4.1 By Contract or otherwise, perform the services and charge to the Contractor,
through direct billing or through payment reduction, any cost incurred by
County that is directly related to the performance of such service; or
6.18.4.2 Terminate the Contract for default.
6.19 ORDERING AUTHORITY:
Any request for purchase shall be accompanied by a valid purchase order, issued by Office of
Procurement Services, a Purchase Order issued by the using Department or direction by a
Certified Agency Procurement Aid (CAPA) with a Purchase Card for payment.
6.20 NO MINIMUM OR MAXIMUM PURCHASE OBLIGATION:
This Contract does not guarantee any minimum or maximum purchases will be made. Orders will
only be placed under this Contract when the County identifies a need and proper authorization and
documentation have been approved.
6.21 PURCHASE ORDERS:
County reserves the right to cancel Purchase Orders within a reasonable period of time after
issuance. Should a Purchase Order be canceled, the County agrees to reimburse the Contractor for
actual and documentable costs incurred by the Contractor in response to the Purchase Order. The
County will not reimburse the Contractor for any costs incurred after receipt of County notice of
cancellation, or for lost profits, shipment of product prior to issuance of Purchase Order, etc.
6.22 BACKGROUND CHECK (IF REQUIRED BY PROJECT):
Contractors need to be aware that there may be multiple background checks (Sheriff’s Office,
County Attorney's Office, Courts as well as Maricopa County general government) to determine if
the respondent is acceptable to do business with the County. This applies to (but is not limited to)
the Contractor, subcontractors and employees.
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6.23 SUSPENSION OF WORK:
The Procurement Officer may order the Contractor, in writing, to suspend, delay, or interrupt all or
any part of the work of this contract for the period of time that the Procurement Officer determines
appropriate for the convenience of the County. No adjustment shall be made under this clause for
any suspension, delay, or interruption to the extent that performance would have been so
suspended, delayed, or interrupted by any other cause, including the fault or negligence of the
Contractor. No request for adjustment under this clause shall be granted unless the claim, in an
amount stated, is asserted in writing as soon as practicable after the termination of the suspension,
delay, or interruption, but not later than the date of final payment under the Contract.
6.24 STOP WORK ORDER:
The Procurement Officer may, at any time, by written order to the Contractor, require the
Contractor to stop all, or any part, of the work called for by this contract for a period of ninety (90)
calendar days after the order is delivered to the Contractor, and for any further period to which the
parties may agree. The order shall be specifically identified as a stop work order issued under this
clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take
all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order
during the period of work stoppage. Within a period of 90 calendar days after a stop-work is
delivered to the Contractor, or within any extension of that period to which the parties shall have
agreed, the Procurement Officer shall either:
6.24.1 Cancel the stop work order; or
6.24.2 Terminate the work covered by the order as provided in the Default, or the Termination
for Convenience clause of this Contract.
6.24.3 The Procurement Officer may make an equitable adjustment in the delivery schedule
and/or Contract price, or otherwise, and the Contract shall be modified, in writing,
accordingly, if the Contractor demonstrates that the stop work order resulted in an
increase in costs to the Contractor.
6.25 TERMINATION FOR CONVENIENCE:
Maricopa County may terminate the Contract for convenience by providing sixty (60) calendar
days advance notice to the Contractor.
6.26 TERMINATION FOR DEFAULT:
The County may, by written notice of default to the Contractor, terminate this Contract in whole
or in part if the Contractor fails to:
6.26.1 Deliver the supplies or to perform the services within the time specified in this Contract
or any extension;
6.26.2 Make progress, so as to endanger performance of this Contract; or
6.26.3 Perform any of the other provisions of this Contract.
The County’s right to terminate this contract under these subparagraphs may be exercised if the
Contractor does not cure such failure within ten (10) business days (or more if authorized in
writing by the County) after receipt of the notice from the Procurement Officer specifying the
failure.
6.27 STATUTORY RIGHT OF CANCELLATION FOR CONFLICT OF INTEREST:
Notice is given that pursuant to A.R.S. § 38-511 the County may cancel any Contract without
penalty or further obligation within three years after execution of the Contract, if any person
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significantly involved in initiating, negotiating, securing, drafting or creating the Contract on
behalf of the County is at any time while the Contract or any extension of the Contract is in effect,
an employee or agent of any other party to the Contract in any capacity or consultant to any other
party of the Contract with respect to the subject matter of the Contract. Additionally, pursuant to
A.R.S § 38-511 the County may recoup any fee or commission paid or due to any person
significantly involved in initiating, negotiating, securing, drafting or creating the Contract on
behalf of the County from any other party to the Contract arising as the result of the Contract.
6.28 CONTRACTOR LICENSE REQUIREMENT:
6.28.1 The Contractor shall procure all permits, insurance, licenses and pay the charges and fees
necessary and incidental to the lawful conduct of his/her business, and as necessary
complete any required certification requirements, required by any and all governmental
or non-governmental entities as mandated to maintain compliance with and in good
standing for all permits and/or licenses. The Contractor shall keep fully informed of
existing and future trade or industry requirements, Federal, State and Local laws,
ordinances, and regulations which in any manner affect the fulfillment of a Contract and
shall comply with the same. Contractor shall immediately notify both Office of
Procurement Services and the Department of any and all changes concerning permits,
insurance or licenses.
6.28.2 Contractor furnishing finished products, materials or articles of merchandise that will
require installation or attachment as part of the Contract, shall possess any licenses
required. Contractor is not relieved of its obligation to obtain and possess the required
licenses by subcontracting of the labor portion of the Contract. Contractors are advised
to contact the Arizona Registrar of Contractors, Chief of Licensing, to ascertain licensing
requirements for a particular contract. Contractor shall identify which license(s), if any,
the Registrar of Contractors requires for performance of the Contract.
6.29 SUBCONTRACTING:
6.29.1 The Contractor may not assign to another contractor or subcontract to another party for
performance of the terms and conditions hereof without the written consent of the
County. All correspondence authorizing subcontracting must reference the Contract
Number and identify the job project.
6.29.2 The subcontractor’s rate for the job shall not exceed that of the Prime Contractor’s rate,
as bid in the pricing section, unless the Prime Contractor is willing to absorb any higher
rates or the County has approved the increase. The subcontractor’s invoice shall be
invoiced directly to the Prime Contractor, who in turn shall pass-through the costs to the
County, without mark-up. A copy of the subcontractor’s invoice must accompany the
Prime Contractor’s invoice.
6.30 AMENDMENTS:
All amendments to this Contract shall be in writing and approved/signed by both parties. Maricopa
County Office of Procurement Services shall be responsible for approving all amendments for
Maricopa County.
6.31 ADDITIONS/DELETIONS OF REQUIREMENTS:
The County reserves the right to add and/or delete materials and services to a Contract. If a
service requirement is deleted, payment to the Contractor will be reduced proportionately, to the
amount of service reduced in accordance with the bid price. If additional materials or services are
required from a Contract, prices for such additions will be negotiated between the Contractor and
the County.
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6.32 STRICT COMPLIANCE:
Acceptance by County of a performance that is not in strict compliance with the terms of the
Contract shall not be deemed to be a waiver of strict compliance with respect to all other terms of
the Contract.
6.33 VALIDITY:
The invalidity, in whole or in part, of any provision of this Contract shall not void or affect the
validity of any other provision of the Contract.
6.34 SEVERABILITY:
The removal, in whole or in part, of any provision of this Contract shall not void or affect the
validity of any other provision of this Contract.
6.35 RIGHTS IN DATA:
The County shall have the use of data and reports resulting from a Contract without additional cost
or other restriction except as may be established by law or applicable regulation. Each Party shall
supply to the other Party, upon request, any available information that is relevant to a Contract and
to the performance thereunder.
6.36 NON-DISCRIMINATION:
Contractor agrees to comply with all provisions and requirements of Arizona Executive Order
2009-09 including flow down of all provisions and requirements to any subcontractors. Executive
Order 2009-09 supersedes Executive order 99-4 and amends Executive order 75-5 and may be
viewed and downloaded at the Governor of the State of Arizona website
http://azmemory.azlibrary.gov/cdm/singleitem/collection/execorders/id/680/rec/1) which is
hereby incorporated into this contract as if set forth in full herein. During the performance of this
Contract, Contractor shall not discriminate against any employee, client or any other individual in
any way because of that person’s age, race, creed, color, religion, sex, disability or national origin.
6.37 ISRAEL BOYCOTT:
By signing this Contract, the Contractor certifies that they are in compliance with Article 9, A.R.S.
35-393 et seq.
6.38 CERTIFICATION REGARDING DEBARMENT AND SUSPENSION:
6.38.1 The undersigned (authorized official signing on behalf of the Contractor) certifies to the
best of his or her knowledge and belief that the Contractor, it’s current officers and
directors;
6.38.1.1 are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from being awarded any contract or grant by
any United States Department or Agency or any state, or local jurisdiction;
6.38.1.2 have not within three (3) year period preceding this Contract;
6.38.1.2.1 been convicted of fraud or any criminal offense in connection with
obtaining, attempting to obtain, or as the result of performing a
government entity (Federal, State or local) transaction or contract;
and
6.38.1.2.2 been convicted of violation of any Federal or State antitrust statues or
conviction for embezzlement, theft, forgery, bribery, falsification or
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destruction of records, making false statements, or receiving stolen
property regarding a government entity transaction or contract;
6.38.1.2.3 are not presently indicted or criminally charged by a government
entity (Federal, State or local) with commission of any criminal
offenses in connection with obtaining, attempting to obtain, or as the
result of performing a government entity public (Federal, State or
local) transaction or contract; and are not presently facing any civil
charges from any governmental entity regarding obtaining,
attempting to obtain, or from performing any governmental entity
contract or other transaction; and have not within a three (3) year
period preceding this Contract had any public transaction (Federal,
State or local) terminated for cause or default.
6.38.1.3 If any of the above circumstances described in the paragraph are applicable to
the entity submitting a bid for this requirement, include with your bid an
explanation of the matter including any final resolution.
6.38.2 The Contractor shall include, without modification, this clause in all lower tier covered
transactions (i.e. transactions with subcontractors) and in all solicitations for lower tier
covered transactions related to this Contract.
6.39 VERIFICATION REGARDING COMPLIANCE WITH A.R.S. §41-4401 AND FEDERAL
IMMIGRATION LAWS AND REGULATIONS:
6.39.1 By entering into the Contract, the Contractor warrants compliance with the Immigration
and Nationality Act (INA using e-verify) and all other Federal immigration laws and
regulations related to the immigration status of its employees and A.R.S. §23-214(A). The
Contractor shall obtain statements from its subcontractors certifying compliance and shall
furnish the statements to the Procurement Officer upon request. These warranties shall
remain in effect through the term of the Contract. The Contractor and its subcontractors
shall also maintain Employment Eligibility Verification forms (I-9) as required by the
Immigration Reform and Control Act of 1986, as amended from time to time, for all
employees performing work under the Contract and verify employee compliance using the
E-verify system and shall keep a record of the verification for the duration of the
employee’s employment or at least three (3) years, whichever is longer. I-9 forms are
available for download at USCIS.GOV.
6.39.2 The County retains the legal right to inspect Contractor and subcontractor employee
documents performing work under this Contract to verify compliance with paragraph 6.39.1
of this Section. Contractor and subcontractor shall be given reasonable notice of the
County’s intent to inspect and shall make the documents available at the time and date
specified. Should the County suspect or find that the Contractor or any of its subcontractors
are not in compliance, the County will consider this a material breach of the Contract and
may pursue any and all remedies allowed by law, including, but not limited to; suspension
of work, termination of the Contract for default, and suspension and/or debarment of the
Contractor. All costs necessary to verify compliance are the responsibility of the Contractor.
6.40 INFLUENCE:
As prescribed in MC1-1203 of the Maricopa County Procurement Code, any effort to influence an
employee or agent to breach the Maricopa County Ethical Code of Conduct or any ethical conduct
may be grounds for Disbarment or Suspension under MC1-902.
An attempt to influence includes, but is not limited to:
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6.40.1 A Person offering or providing a gratuity, gift, tip, present, donation, money,
entertainment or educational passes or tickets, or any type of valuable contribution or
subsidy,
6.40.2 That is offered or given with the intent to influence a decision, obtain a contract, garner
favorable treatment, or gain favorable consideration of any kind.
If a Person attempts to influence any employee or agent of Maricopa County, the Chief
Procurement Officer, or his designee, reserves the right to seek any remedy provided by the
Maricopa County Procurement Code, any remedy in equity or in the law, or any remedy provided
by this contract.
ABSOLUTELY NO CONTACT BETWEEN THE RESPONDENT AND ANY COUNTY
PERSONNEL, OTHER THAN THE OFFICE OF PROCUREMENT SERVICES, IS ALLOWED
DURING THE SOLICITATION PROCESS UNLESS THE COMMUNICATION IS IN
REGARDS TO PRE-EXISTING BUSINESS WITH THE COUNTY. ANY
COMMUNICATIONS REGARDING THE SOLICITATION, ITS PARTICIPANTS OR ANY
DOCUMENTATION PRIOR TO THE CONTRACT AWARD MAY BE GROUNDS FOR
DISMISSAL OF THE RESPONDENT FROM THE EVALUATION PROCESS.
6.41 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO
INFORM EMPLOYEES OF WHISTLERBLOWER RIGHTS:
6.41.1 The Parties agree that this Contract and employees working on this Contract will be
subject to the whistleblower rights and remedies in the pilot program on Contractor
employee whistleblower protections established at 41 U.S.C. § 4712 by section 828 of the
National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112–239) and section
3.908 of the Federal Acquisition Regulation;
6.41.2 Contractor shall inform its employees in writing, in the predominant language of the
workforce, of employee whistleblower rights and protections under 41 U.S.C. § 4712, as
described in section 3.908 of the Federal Acquisition Regulation. Documentation of such
employee notification must be kept on file by Contractor and copies provided to County
upon request.
6.41.3 Contractor shall insert the substance of this clause, including this paragraph, in all
subcontracts over the simplified acquisition threshold ($150,000 as of September 2013).
6.42 UNIFORM ADMINISTRATIVE REQUIREMENTS:
By entering into this Contract the Contractor agrees to comply with all applicable provisions of
Title 2, Subtitle A, Chapter II, PART 200—UNIFORM ADMINISTRATIVE REQUIREMENTS,
COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS contained in
Title 2 C.F.R. § 200 et seq.
6.43 ACCESS TO AND RETENTION OF RECORDS FOR THE PURPOSE OF AUDIT AND/OR
OTHER REVIEW:
6.43.1 In accordance with section MCI 371 of the Maricopa County Procurement Code the
Contractor agrees to retain (physical or digital copies of) all books, records, accounts,
statements, reports, files, and other records and back-up documentation relevant to this
Contract for six (6) years after final payment or until after the resolution of any audit
questions which could be more than six (6) years, whichever is latest. The County,
Federal or State auditors and any other persons duly authorized by the Department shall
have full access to, and the right to examine, copy and make use of, any and all said
materials.
6.43.2 If the Contractor’s books, records , accounts, statements, reports, files, and other records
and back-up documentation relevant to this Contract are not sufficient to support and
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document that requested services were provided, the Contractor shall reimburse Maricopa
County for the services not so adequately supported and documented.
6.44 AUDIT DISALLOWANCES:
If at any time it is determined by the County that a cost for which payment has been made is a
disallowed cost, the County shall notify the Contractor in writing of the disallowance. The course
of action to address the disallowance shall be at sole discretion of the County, and may include
either an adjustment to future invoices, request for credit, request for a check or a deduction from
current invoices submitted by the Contractor equal to the amount of the disallowance, or to require
reimbursement forthwith of the disallowed amount by the Contractor by issuing a check payable
to Maricopa County.
6.45 OFFSET FOR DAMAGES:
In addition to all other remedies at Law or Equity, the County may offset from any money due to
the Contractor any amounts Contractor owes to the County for damages resulting from breach or
deficiencies in performance of the Contract.
6.46 CONFIDENTIAL INFORMATION:
Any information obtained in the course of performing this contract may include information that is
proprietary or confidential to the County. This provision establishes the Contractor’s obligation
regarding such information.
The Contractor shall establish and maintain procedures and controls that are adequate to assure
that no information contained in its records and/or obtained from the County or from others in
carrying out its functions (services) under the Contract shall be used by or disclosed by it, its
agents, officers, or employees, except as required to efficiently perform duties under the Contract.
The Contractor’s procedures and controls at a minimum must be the same procedures and controls
it uses to protect its own proprietary or confidential information. If, at any time during the
duration of the Contract, the County determines that the procedures and controls in place are not
adequate, the Contractor shall institute any new and/or additional measures requested by the
County within fifteen (15) business days of the written request to do so.
Any requests to the Contractor for County proprietary or confidential information shall be referred
to the County for review and approval, prior to any dissemination.
6.47 PUBLIC RECORDS:
Under Arizona law, all Contracts are public records and must be retained by the Records Manager
at the Office of Procurement Services. Contracts shall be open to public inspection and copying
after Contract award and execution, except for such Contracts or sections thereof determined to
contain proprietary or confidential information by the Office of Procurement Services.
6.48 PRICES:
Contractor warrants that prices extended to County under this Contract are no higher than those
paid by any other customer for these or similar services.
6.49 INTEGRATION:
This Contract represents the entire and integrated agreement between the parties and supersedes
all prior negotiations, proposals, communications, understandings, representations, or agreements,
whether oral or written, express or implied.
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6.50 RELATIONSHIPS:
6.50.1 In the performance of the services described herein, the Contractor shall act solely as an
independent contractor, and nothing herein or implied herein shall at any time be
construed as to create the relationship of employer and employee, co-employee,
partnership, principal and agent, or joint venture between the County and the Contractor.
6.50.2 The County reserves the right of final approval on proposed staff for all Task Orders.
Also, upon request by the County, the Contractor will be required to remove any
employees working on County projects and substitute personnel based on the discretion
of the County within two business days, unless previously approved by the County.
6.51 GOVERNING LAW:
This Contract shall be governed by the laws of the State of Arizona. Venue for any actions or
lawsuits involving this Contract will be in Maricopa County Superior Court, Phoenix, Arizona.
6.52 ORDER OF PRECEDENCE:
ct and Contractor’s license agreement, if
6.53 INCORPORATION OF DOCUMENTS:
The following are to be attached to and made part of this Contract:
6.53.1 Exhibit A, Pricing;
6.53.2 Exhibit B, Scope of Work;
6.53.3 Exhibit C, Oracle Standard Terms and Conditions for Products and Services; and
6.53.4 Exhibit D, Office of Procurement Services Contractor Travel and Per Diem Policy
NOTICES:
All notices given pursuant to the terms of this Contract shall be addressed to:
For County:
Maricopa County
Office of Procurement Services
ATTN: Contract Administration
320 West Lincoln Street
Phoenix, Arizona 85003-2494
For Contractor:
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IN WITNESS WHEREOF, this Contract is executed on the date set forth above.
CONTRACTOR
AUTHORIZED SIGNATURE
PRINTED NAME AND TITLE
ADDRESS
DATE
MARICOPA COUNTY
CHAIRMAN, BOARD OF SUPERVISORS DATE
ATTESTED:
CLERKOFTHEBOARD DATE
APPROVED AS TO FORM:
DEPUTY COUNTY ATTORNEY DATE
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EXHIBIT B
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City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-91 Agenda Date:2/9/2023 Agenda #:
1.-N.
REPORT TO THE CITY COUNCIL
FROM:JENNIFER K. CLARK, Director
Planning and Development Department
BY:DALTON BENNETT, Projects Administrator
Planning and Development Department
SUBJECT
Approve resolution establishing a Community Benefits Fund (CBF) and expenditure plan to fund
mitigation improvements required in the settlement agreement with the South Fresno Community
Alliance (SFCA) and Leadership Counsel for Justice and Accountability (LCJA).
RECOMMENDATION
Staff recommends the City Council approve the resolution to establish the Community Benefits Fund.
EXECUTIVE SUMMARY
On March 17, 2021, the City of Fresno entered into a settlement agreement with the South Fresno
Community Alliance (SFCA) and Leadership Counsel for Justice and Accountability (LCJA). The
mitigation improvements in the settlement agreement were established based on the impacts of
development activities immediately adjacent to the South Central Specific Plan (SCSP) boundaries.
The settlement agreement requires that the City of Fresno manage and administer a Community
Benefits Fund.
The Guidelines for the Community Benefits Fund have been completed and are available in both
English and Spanish. With this Resolution, the City will begin administering the Fund.
BACKGROUND
On March 11, 2021, The City Council approved a settlement agreement outlining the immediate
creation and implementation of a Community Benefits Fund (CBF) to mitigate impacts in the area. A
committee was formed which consisted of representatives from the SFCA, LCJA and other sensitive
receptors including Orange Center School to develop the CBF guidelines.
Sixteen meetings were held from May 2021 through November 2022. The meetings included guided
discussions regarding specific measures to mitigate the impacts outlined in the Settlement
Agreement: air quality, light spill, noise, and traffic. The initial request from the committee was to
model the program after the Airport Noise grant program. However, after review the committee felt
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File #:ID 23-91 Agenda Date:2/9/2023 Agenda #:
1.-N.
model the program after the Airport Noise grant program. However, after review the committee felt
the requirements for inspections and properties free from code violations was too onerous. Staff
continued to provide options for the committee to consider. During this time six versions were
presented to the committee for feedback. Some of the major concerns included city versus county
inspections, whether renters or owners would qualify, what impact would code violations or prior
illegal work in the home have on the property, and which measures would have the most benefits.
Additionally, there was consideration for which properties should qualify based on their proximity to
the project which initiated the fund and how much funding should be allocated to each eligible
property.
In the fall of 2021, the committee and staff held a public outreach event within the area to provide
information on the CBF as well as other assistance programs from agencies such as the San Joaquin
Valley Air Pollution District, Self Help and Habitat for Humanity. This provided essential feedback to
the committee. Following the outreach the committee met to discuss the feedback and resolve some
of the major concerns listed above. In August, 2022 a public review draft was published for a sixty
day comment period. A second public outreach event was held in the area during the comment
period.
The committee reviewed the feedback from the community and made final edits to the guidelines
which are attached for adoption.
The city received its first development deposit from the property located at APN 33002182S and as
recommended by the CBF Committee, will pilot the implementation framework set forth in the
attached CBF guidelines.
ENVIRONMENTAL FINDINGS
This approval is not a project for the purposes of CEQA Guidelines Section 15378.
LOCAL PREFERENCE
Not applicable
FISCAL IMPACT
Funding source is solely from the developer deposit established in the settlement agreement and
does not impact the General Fund.
ATTACHMENTS:
Exhibit A: Resolution
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TABLE OF
CONTENTS
05
07
10
15
18
21
page
page
page
page
page
page
introduction and history
community profile
participation
qualified mitigations
notification
exhibits
introductionandhistory
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south central fresno community benefits fund
In January 2020, the City of Fresno, Planning
and Development Department implemented
a new outreach strategy for the South Cental
Specific Plan to gain a deeper understanding
of the community’s needs and how they can be
addressed.
Throughout the outreach process, a nine-
member advisory committee was convened
to assist in guiding the framework for the plan.
The body—comprised of residents and business
stakeholders—identified the vision for the area
as one characterized by development that
maximizes economic benefit with job growth
for residents, while reducing impacts on the
environment and improving quality of life.
With input from the community, the advisory
committee advised the city to emphasize the
importance of not only avoiding environmental
and neighborhood impacts from future
developments, but also the critical need to
mitigate existing impacts and improve the
health and living standards of the community
now.
A series of guiding principles were created,
accompanied by more than 60 policies related
to several topic areas including transportation,
air quality, urban greening, economic
development and a Community Benefits
District.
In the interim of awaiting the adoption and
implementation of the specific plan, the South
Fresno Community Alliance, Leadership Counsel
for Justice and Accountability, and the City of
Fresno entered into an agreement outlining the
immediate creation and implementation of the
Community Benefit Fund (CBF). In partnership
with several community stakeholders, the City
has prepared the following proposed CBF
Program Implementation Manual to model the
identified mechanism and process this program
will have to mitigate the impacts of air quality,
light spill, noise, and traffic.
Within the manual, a pilot development site
is identified and will be utilized as a case
study for the City to evaluate the proposed
implementation strategy. Staff will report
quarterly to the South Fresno Community
Alliance (SFCA) board until full implementation
of the pilot funding cycle is complete. In
collaboration with the SFCA board, staff
will evaluate the implementation of the pilot
program. Any proposed changes to the
program must have a (51%, two-thirds) approval
from the SFCA board and must be released for
a public comment period of at least 30-days
prior to seeking City Council approval.
At the beginning of each calendar year, the
City will conduct an annual program review in
collaboration with the SFCA board to evaluate
the implementation of the program (including
expenditure reports, customer satisfaction
surveys, evolving community priorities, etc.).
Any proposed changes to the program must
follow the same approval process outlined
above.
A record copy of the current procedures shall
be maintained on the City of Fresno website.
CBD-1: Consider a Community
Benefit Fund to pay for measures
such as air filtration systems, dual-
paned windows, parks, job training
programs, and job fairs near the
plan area.”
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south central fresno community benefits fund
CE N TRALAMERICANWILLOWJENSEN
G
O
L
D
E
N
S
T
A
T
E
ANNADALE
ELMCEDARB
CHERRYMAPLEMARTIN
LUTHER
KINGJRORANGECALIFORNIA
CHURCH NORTHEASTPEACHVAN
NESSFIGMAPLEMALAGAVENTURAGCHESTNUTVENTURAGCHESTNUT PLAN AREA MAPLegend South
Central Specific Plan (SCSP)South
Centra l Specific Plan Source: City
of Fresno GIS Data Prepared by the
Planning and Development Department
0 0.
5
1Miles
UV41
UV99
UV99
UV41
K:\GIS
2023\SCSP\
Maps\
Plan_
Area.
7
south central fresno community benefits fund
community profile
Generally located south of California Avenue, north of
American Avenue, between Fig and Peach Avenues,
the boundaries of the project area are as set forth
under Exhibit A. The area has a range of property types
including residential, religious, educational, warehouse,
and industrial—some of which contribute to negative
environmental and health impacts for the surrounding
neighborhoods of Britten, Calwa, Daleville, Roy, Almy,
Drummond, Jensen, and Flamingo Mobile Home Park.
One of the ways these impacts are measured
is by the California Office of Environmental
Health Hazard Assessment’s (OEHHA)
CalEnviroScreen 3.0 tool (see Figure 1.2).
The CalEnviroScreen 3.0 tool uses
environmental, health, and socioeconomic
information to produce scores for every census
tract in the state. The scores are mapped so
different communities can be compared; areas
with higher scores are more pollution-burdened
than areas with lower scores. See Figure 1.3
for the map of the SCSP Census Tracts. Of the
seven census tracts located within the SCSP
plan boundary, all seven are within the top five
percentile of environmentally burdened areas.
The population is comprised primarily of
Hispanic persons, age 11-64 years old, and
includes both City residents as well as
unincorporated County residents. Presently,
382 residential properties have been identified
within the SCSP plan area.
8
south central fresno community benefits fund
FIGURE 1.2- CALENVIROSCREEN 3.0 TOOL
census
tract
ces 3.0
score
ces 3.0
percentile
total
population
age group from 2010
census race or ethnicity from 2010 census
10 yr(%)11-64 yr(%)>65 yr(%)hispanic(%)white(%)african
american(%)
native
american(%)
asian
american(%)other(%)
6019001100 94.09 100 3174 18.8 73.6 7.6 65.3 4.2 24.6 0.5 3.5 1.8
6019001500 82.03 99.95 2206 14.8 72.1 13.1 71.8 21.4 1.2 0.5 4.5 0.6
6019001000 80.13 99.91 4106 21 71.3 7.7 52.7 2.7 28.7 0.4 14.3 1.2
6019001201 78.05 99.84 5936 20.7 73.1 6.2 83.1 5.1 3.7 0.7 6.6 0.8
6019001202 77.41 99.79 4756 22.5 71.4 6.1 72.5 2.5 11.7 0.4 12.3 0.6
6019001800 65.35 98.27 4615 15.2 72.3 12.5 60.6 32 1.1 0.7 4.3 1.2
6019001410 62.37 97.33 9109 18.4 74.1 7.5 51.8 12.5 5.2 0.4 28.2 1.9
CENTRALAMERICANWILLOWJENSEN
G
O
L
D
E
N
S
T
A
T
E
ANNADALE
ELMCEDARB
CHERRYMAPLEMARTIN
LUTHER
KINGJRORANGECALIFORNIACHURCH
NORTH
EASTPEACHVAN
NESSFIGMAPLEMALAGAVENTURAGCHESTNUTVENTURAGCHESTNUT
CHESTNUT64%90%
90%
96%
94%74%98%
97%CALENVIRO3.0 MAP
South Central Specific Plan Source: CalEnviroScreen 3.0 (OEHHA, CalEPA) and City
of Fresno GIS Data Prepared by the
Planning and Development Department
0
0.
5
1Miles
UV41 UV41 UV99 UV99
Fresno Sphere of
Influence Fresno City Limits South
Central
Specific Plan (SCSP)K:\GIS 2023\
SCSP\Maps\Calenviro3.0_SCSP.mxd9 south
10
south central fresno community benefits fund
participation
Participation in the CBF program is voluntary.
The City will implement a public information
campaign consisting of public workshops,
informational flyers, and one-on-one outreach
to individual homeowners.
Mitigation improvements of homes will be
funded in phases as funding allows, grouping
homes related to their proximity to the donor
developments that have contributed to the CBF
and will radiate outward.
As funding becomes available, contact is made
with the appropriate residents to confirm
their interest in participation and to begin the
application process.
The South Central Fresno CBF program offers
treatment to owners or renters of single-family
residences.
pilot : northpointe business
park
As a new concept to the City of Fresno, the
development of the South Fresno Community
Benefits Fund is proudly led by a committee
of residential, educational, and advocate
stakeholders from the South Fresno community
to ensure the program is focused on improving
the health of residents by improving the
condition of their homes. The city received its
first development donation from the property
located at APN 33002182S and as advised by
the committee, will utilize this as an opportunity
to pilot the implementation framework set forth
in this manual.
The city will offer the first phase of qualified
mitigation improvements to the properties
immediately adjacent to this development
donor and study the effectiveness of the
program.
After final implementation, the city—in
partnership with the SFCA—will reevaluate the
program and incorporate feedback received
from participants.
south central fresno community benefits fund
11
generalrequirements
This program is intended to serve sensitive
receptors (i.e., residents) of the SCSP area
as shown in Exhibit A) and will facilitate
the installation of qualified mitigation
improvements, as funds are available.
All residential information collected on
behalf of this program shall be considered
confidential and will be maintained by the City
of Fresno Housing Division.
Any distributed information will be anonymized
and will be for auditing or reporting purposes
only.
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south central fresno community benefits fund
funding disbursement priority
The disbursement of funding for the South Central Fresno CBF is determined by the following
proximity-based, two-level funding disbursement model:
As donations are received, the City will map all
residences within the 0.5-mile footprint of the
development donor.
Residences within this funding footprint will be allocated a certain project budget amount*
according to their proximity to the development donor. As needed, the city will provide
additional processing priority to households with residents within a sensitive age group
under 18 or over 65).
Residents may elect to use all or a
portion of their allocated budget to:
Install improvements from the Qualified
Mitigation Improvement list (page 15);
Remediate a portion of the residence
to mitigate an On-hold Status due to
poor physical condition; or
Combination of the above
After all residents have received a
reasonably fair and equal opportunity
to participate (see Notification
Process, pg. 18), the City will open the
application for a secondary round
of funding to the residents within the
donor development footprint. These
applications will be reviewed, further
prioritized, and assisted on a first come
first basis.
Funding amounts in the final adopted program may vary. As part of the South Central
Specific Plan, the City will conduct an official development fee study to identify the
appropriate fee levels as required by the California Mitigation Fee Act (Government
Code Section § 66000 et seq.)
one.
two.
three.four.
distance to development funding amount
0 - 0.25 miles $10,000
0.25 - 0.50 miles $8,000
13
south central fresno community benefits fund
funding disbursement priority
Homeowner Refusal: Property owners or
residents who state that they do not want
to participate in the program under any
circumstances will be sent a Letter of Refusal.
The CBF Database will note the property as
Refused” and with each new funding cycle
their respective property qualifies for the
resident will be sent a letter with information on
how to opt-in in the future.
If there is a dispute regarding participation
between a homeowner and tenant, the
tenant may elect to request a voucher for a
portable air purifier and/or filtration system,
or removable air filters for their current HVAC
system, if applicable.
Poor Physical Condition: Homes in which
imminent hazards or other substandard
conditions have been observed by the city
staff or vendors will be placed on-hold.
Imminent Hazards are conditions that can
immediately lead to harm to residents or to the
structure. These include leaking gas, exposed
electrical connections and wiring, severely
deteriorated structural members, and other
similar conditions. Homes in which the city staff
or vendors have identified as imminent hazards
will be removed from design, placed On-
Hold, and the property owner will be notified
in writing of the conditions observed. The
resident will be provided the option to utilize
their assigned budget to attempt to remedy
these conditions. Residents who remedy poor
physical conditions may be reinstated and will
be eligible to receive additional funding.
Code Violations and Unpermitted Construction
within City of Fresno Limits): Homes within the
City of Fresno limits in which code violations
or unpermitted construction are observed
will not be recorded nor cited by the City
of Fresno Building Official, so long as the
violation does not pose an imminent hazard
in completion of the mitigation improvement.
Unless the conditions are found to pose an
imminent hazard, the property will be eligible
in the current funding cycle. Please see above
description for violations that would pose an
imminent hazard.
Should any imminent hazards exist, the city will
inform the resident of the possible mitigation
actions and identify a Plan for Mitigation to
move forward with improvements. The Plan for
Mitigation will be included with the resident’s
application for reference. The resident will have
the option to utilize their budget to remediate
any hazardous conditions.
In general, properties located outside of the
Fresno City Limits will be treated “as-built”
and therefore will not be held to the City’s
development standards. All County residents
within and immediately adjacent to the SCSP
boundary are also eligible to participate in
receiving funding.
All information collected regarding the
condition of the property will remain
confidential and will not be distributed to
any regulatory agencies. Any distribution
of information will be anonymized and for
reporting or auditing purposes only.
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south central fresno community benefits fund
Code Violations and Unpermitted Construction
within County of Fresno Limits):
Homes within the County of Fresno limits will be
subject to the following conditions:
1. County will accept building permit
application(s) for review, processing, and
inspection.
Note: If a building permit is not required,
inspection by Fresno County is also not
required.
Note: As part of the County’s standard building
review process, the County will review its
permit records to determine whether the
structure in which the improvements are
proposed has been permitted by the County
or predates the County’s requirement for
building permits.
2. The County inspector will inspect the
proposed improvements for which the County
has issued a building permit to ensure all
improvements comply to the County-approved
building plans.
Note: If there are any apparent violations
on the property, notice will be provided that
explains the apparent violation and provides
contact information so the property owner or
tenant can follow-up to find out how to abate
the violation. The property owner/tenant
would then be given time to take care of the
violation. If it is not remedied timely,
County Code Enforcement would open a
violation case and pursue abatement of the
violation. Further, if the outstanding violation
is not timely abated, the County may hold
finalization (occupancy) of improvements.
3. County staff cannot ignore health and safety
violations which exist on the property.
Typically, “timely” means 30 days from
notification. However, this timeframe can
be extended if the property owner/tenant
is making a good faith effort to resolve the
violation.
Conditions that Affect Installation of Qualified
Mitigation Improvements: Existing conditions
that adversely affect installation or the life
expectancy of mitigation improvements may be
required to be corrected by the resident prior
to installation of improvements. The types of
conditions that require correction may include
leaking roofs and/or evaporative coolers,
rotted or termite damaged framing at doors
or windows, excessive mold or mildew, excess
storage or debris in areas that work will be
performed, and unsanitary conditions. City
staff or the vendor will survey properties to
determine if there are conditions that require
correction and notify the property owners in
writing as to the conditions observed and the
process to remedy the issues. The resident will
be provided the option to utilize their assigned
budget to attempt to remedy these conditions.
The resident will also be given a list of qualified
mitigation improvements that do not require
a permit and, therefore, do not require the
resident to remedy any conditions that hinder
their ability to participate in the program.
15
south central fresno community benefits fund
qualified mitigations
The overall program goal of the CBF is to mitigate the impacts of air pollution, light spill, noise, and
traffic impacts on surrounding sensitive properties. This section serves as a guideline to the pre-
approved qualified mitigation improvements available to participants. Some improvements may
assist in the mitigation of multiple impacts.
Participants may elect to move forward with a combination of the below mitigation improvements
up to the allotted project budget. See Exhibit E for information regarding permit requirements for
qualified mitigation improvements
Full home weather stripping
Attic, floor, wall insulation
HVAC filtration maintenance, new HVAC
system and installation to replace current
evaporative cooler system, ductless HVAC
systems
air pollution
External/internal screening(
examples: awnings, low-e
window film)
light spill
Single-pane window
replacement
External Door Replacement
Planting drought tolerant
vegetative barriers
Windbreak fencing
Solar Panel cleaning
noise
traffic
OPTION 1
OPTION 2
OPTION 3
CERTIFICATION
16
south central fresno community benefits fund
administration
The South Central Fresno CBF will be administered by City of Fresno, Planning and Development
Department project management staff. At the time of application, participants will be provided
with three options for completion of qualified mitigation improvements. Should participants
choose to work with pre-qualified vendors to process the desired improvements from
the qualified mitigation improvement list or to remediate physical conditions preventing a
successful installation of a qualified mitigation, the city will solicit via RFQ to hire at minimum
two pre-qualified vendors as Rehabilitation Specialists to conduct program activities as
described within the following Program Steps prior to program initiation and every three years
thereafter, if needed. Vendors must have a demonstrated history within the public sector realm,
preferably with experience in low-income housing rehabilitation, and will also partake in the
administration of the South Central Fresno CBF.
All project files will be held electronically and may be subject to the California Public Records
Act.
17
south central fresno community benefits fund
18
south central fresno community benefits fund
APPLICATION
FAQ GUIDE
BUDGET
AMOUNT
AGREEMENT
NOTICE
REFUSED
Funding is provided by a
donor development. City
creates funding cycle
and identifies residential
properties within the
donor development’s 0.5-
mile footprint.
day 0 (Zero).
Residents within the
0.5-mile boundary are
contacted via postcard
within 30 days of
funding receipt.
day 30.
Within 5 days of the
initial postcard mailing,
the city will submit a list
of properties within the
funding cycle to Orange
Center School to initiate
a PeachJar and phone
dialing-campaign to
any residences with
students who attend the
district within the funding
footprint.
day 35.
notification
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south central fresno community benefits fund
APPLICATION
FAQ GUIDE
BUDGET
AMOUNT
AGREEMENT
NOTICE
REFUSED
The city will implement
a door-to-door
campaign as well as
send a certified mailer
to properties that
have not responded to
the previous attempts.
day 75.
If no response is
provided after 60 days
of the certified mailing,
the property will be
categorized as “Refused”
and the budget will be
retained in the CBF.
Residents who are
marked as “Refused”
will be notified once by
certified mail regarding
all new funding
opportunities and may
opt-in to participate at
any time
day 135.
Residents within the
0.5-mile boundary are
contacted by letter which
includes an application, a
CBF program FAQ resource
guide, the budget amount
allocated to the property,
and a sample of the owner
participation agreement.
They are asked to complete
and return an application
if they wish to participate
within 30-days of receiving
the invitation.
day 45.
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south central fresno community benefits fund
application and installation
At the time of application residents will be asked
to provide the following:
Completed application (Exhibit B)
Completed and notarized Owners
Authorization form (Exhibit C)
Proof of Residence (i.e., utility bill, bank
statement)
Staff will review the application for
completeness and enter the property
information into the CBF Database. Should the
applicant meet the eligibility criteria (see pg. 12),
they will be given the following three options to
select from:
1. The applicant will select the type of
work from the list of qualified mitigation
improvements and gets quotes. The City will
then issue the applicant a check based on
the quotes submitted by the applicant, but no
more than the maximum limit. The applicant
will then certify the funds received were used
to complete the desired improvements from
the qualified mitigation improvement list or to
remediate physical conditions preventing a
successful installation of a qualified mitigation.
2. The applicant will be provided a list of pre-
selected vendors who are qualified to process
the desired improvements from the qualified
mitigation improvement list or to remediate
physical conditions preventing a successful
installation of a qualified mitigation up to the
budget limit set by their allocation. The cost of
contracting with the qualified vendor will be
deducted from the amount available. The
applicant will work directly with the vendors
to complete the desired project within the
budget limit set by their allocation.
3. The City of Fresno will issue a check to
each eligible applicant and the applicant
will certify that the funds received were used
to complete the desired improvements from
the qualified mitigation improvement list or
to remediate physical conditions preventing
a successful installation of a qualified
mitigation.
The city and vendor will provide each other
bi-weekly reports to track the number of
vouchers issued and redeemed. Payment will
be provided to the vendors as projects are
redeemed and completed.
Post-project, the city project manager will
conduct a satisfaction survey with the resident
and will work directly with the resident and
vendor to mediate any concerns.
Exhibit A – Map
Exhibit B – Table
Exhibit C – Pending
Exhibit D – Definitions
Exhibit E – Permit Requirements
Exhibit F – Frequently Asked Questions
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EXHIBIT A- MAP
AMERICAN
EAST33002182S
Copyright nearmap 2015
Surrounding Single Family Residences in the
South Central Community Benefits
Fund Pilot Program
January 2023®®
Document
Path:
K:\GIS 2023\SCSP\Maps\
CBF\SurroundingAreaV4.mxd¬«41 99
0.
25 miles- 2 SFR 0.
5 miles- 41 SFR Legend Buffer Rings (Quarter Mile Intervals)
Single Family Residences Within 0.25-Mile of Pilot Site
Single Family Residences
Within 0.5-Mile of Pilot Site Fresno City Limits
Note: For this project single family residences were
identified through aerial imagery. This includes mobile
homes and duplexes.Prepared by the Planning and Development Department
Disclaimer: This map is believed to be an accurate representation of the
City of Fresno GIS data, however we make no
warranties either expressed or implied
for correctness of this data. Single Family Residence
Count Within Pilot Program Footprint of APN
330-021-82S Quarter Mile Buffer: 2
Single Family Residences Half
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south central fresno community benefits fund
EXHIBIT B- TABLE
ADDRESS APN
4227 S EAST AVE 32905017
4135 S EAST AVE 32905019
4091 S EAST AVE 32905020S
4259 S EAST AVE 32905063
590 E CENTRAL AVE 32915002
580 E CENTRAL AVE 32915003
560 E CENTRAL AVE 32915004
550 E CENTRAL AVE 32915005
536 E CENTRAL AVE 32915006
526 E CENTRAL AVE 32915007
510 E CENTRAL AVE 32915008
493 E DALEVILLE AVE 32915021
505 E DALEVILLE AVE 32915022
507 E DALEVILLE AVE 32915023
525 E DALEVILLE AVE #A 32915024
537 E DALEVILLE AVE 32915025
547 E DALEVILLE AVE 32915026
565 E DALEVILLE AVE 32915027
577 E DALEVILLE AVE 32915028
589 E DALEVILLE AVE 32915029
590 E DALEVILLE AVE 32915030
578 E DALEVILLE AVE 32915031
544 E DALEVILLE AVE 32915033
528 E DALEVILLE AVE 32915034
518 E DALEVILLE AVE 32915035
508 E DALEVILLE AVE 32915036
1201 E CENTRAL AVE 33012005
4013 S ORANGE AVE 33012019
1415 E CENTRAL AVE 33013020
1431 E CENTRAL AVE 33013020
1443 E CENTRAL AVE 33013003
1453 E CENTRAL AVE 33013004
1499 E CENTRAL AVE 33013006
4134 S ORANGE AVE 33013017
4048 S ORANGE AVE 33013019
4028 S ORANGE AVE 33013020
1473 E CENTRAL AVE 33013022
4286 S EAST AVE 33014013
525 E DALEVILLE AVE #B 32915024
4284 S EAST AVE 33014020
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south central fresno community benefits fund
EXHIBIT C
PLACEHOLDER
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south central fresno community benefits fund
EXHIBIT D- DEFINITIONS
CalEnviroScreen 3.0 – CalEnviroScreen
is a screening tool that evaluates the
burden of pollution from multiple sources in
communities while accounting for potential
vulnerability to the adverse effects of pollution.
CalEnviroScreen ranks census tracts in
California based on potential exposures to
pollutants, adverse environmental conditions,
socioeconomic factors and prevalence of
certain health conditions. Data used in the
CalEnviroScreen model come from national
and state sources.
CBF Database – An electronic database
which lists all residential addresses in the
CBF Program area by APN for keeping track
of eligibility, application processing, and
recording contacts.
Code Violations – Conditions that do not
comply with the various codes in affect at
the time the structures were built or that were
in compliance but have not been properly
maintained. Per this manual, imminent hazards
and violations that affect the mitigation work
to be performed are required to be corrected
before the property may be included in a bid
group for treatment. See Chapter 3, Eligibility,
Other Limits on Eligibility”.
Community Benefits Fund – Refers to funds
received and held by the City from developers
in connection with development projects,
or other agreements, which are expended
for qualified development impact mitigation
improvements.
Funding Development Project (Donor
Development) – Development project that has
contributed funds to the CBF.
Homeowner – A person who owns residential
land and improvements located within the
SCSP boundary. Proof of ownership shall be
determined by title search of existing records.
Homeowner Authorization Form– An
agreement between the City of Fresno and the
homeowner stating the homeowner’s intent
to participate in the CBF Program and their
obligations for participation.
Immediately adjacent to – Determined to be
within 0.25 miles of the SCSP boundary.
Imminent Hazard – Any conditions that is likely
to cause severe damage or injury immediately.
Such conditions usually require only one action
or event to initiate damage or injury. (A natural
gas leak would be an imminent hazard because
it only needs a spark or a flame to ignite which
would result in damage or injury).
Qualified Mitigation Improvement – Pre-
qualified action utilized to alleviate or lessen
the identified negative quality of life impacts
Planning – City of Fresno Planning and
Development Department
Phase – A group of homes to be treated under
one funding cycle. A phase may consist of one
or more Bid Groups.
Project Administrator – CBF Program
Coordinator or Project Manager for the current
grant.
SCSP – South Central Specific Plan
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EXHIBIT E- PERMIT REQUIREMENTS
The following table depicts which qualified mitigation improvements require permits.
city of fresno permit requirements for
qualified mitigation improvements
qualified mitigation improvement permit required ?
Full Home Weather Stripping No
Attic Insulation No
Wall Insulation No*
HVAC Filtration Maintenance No
New HVAC System & Installation to Replace Current
Evaporative Cooler System Yes
Ductless HVAC system- Window or Portable Air
Conditioning Units Yes*
External/Internal Screening (i.e. Awnings and Low-e
Window Film)No
Single-pane Window Replacement No**
External Door Replacement No
Planting Drought Tolerant Vegetative Barriers No
Windbreak Fencing No
Permits required if removing any drywall, perforating walls, and/or altering any electrical,
plumbing, or mechanical systems.
Permits required for flush-fin window replacement.
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county of fresno permit requirements for
qualified mitigation improvements
qualified mitigation improvement permit required ?
Full Home Weather Stripping No
Attic Insulation No
Wall Insulation No
HVAC Filtration Maintenance No
New HVAC System & Installation to Replace Current
Evaporative Cooler System Yes
Ductless HVAC system- Window or Portable Air
Conditioning Units Yes
External/Internal Screening (i.e. Awnings and Low-e
Window Film)No*
Single-pane Window Replacement Yes
External Door Replacement No
Planting Drought Tolerant Vegetative Barriers No**
Windbreak Fencing No***
Permit required if the window awnings project more than 554 inches from the exterior wall
and/or require additional support of Group R-3 and U occupancies.
Permit required for more than 500 square feet of rehabilitation of landscaping (MWELO).
Permit required if fencing height is over seven feet - CBC/CRC 105.2.
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south central fresno community benefits fund
EXHIBIT F- FREQUENTLY ASKED QUESTIONS
what are common code violations
in the city of fresno ?
Outside Storage. Yards are not to be used as storage areas for unlicensed
vehicles, building materials, tires, indoor furniture, appliances, or other items
commonly known as junk. Excessive storage is unsightly, attracts mice, rats,
and other vermin; and may become a health problem.
Landscaping. Landscaping shall be maintained free of overgrown, dead,
diseased, or other hazardous trees and vegetation. The property owner is
also responsible for maintaining the land between the property line and the
street (park strip).
Parking. Parking is not permitted on the front lawn, front yard, or corner-side
yard. Parking is not allowed on the strip between the sidewalk and street, on
the sidewalk, or overhanging the sidewalk. Parking must be on a hard surface.
Recreational Vehicles. Recreational vehicles (RVs, tent trailers, and boats) or
auto trailers must be stored in a side or rear yard enclosed behind a five-foot
wall or fence.
Inoperable vehicles. Inoperable vehicles may not be kept in any residentially
zoned area.
what are common code violations
in the county of fresno ?
Zoning Compliance. Boat and RVs parked in front yards, junk cars,
abandoned vehicles. In most residential zone districts RVs are to be stored
in the rear yard behind a five-foot fence and inoperative vehicles must be
stored in a garage or carport.
Lot and Lawn Maintenance.
Waste Materials and Trash. Waste materials and trash must be properly
disposed of and not stored on property.
Unsafe Buildings. Abandoned buildings will be addressed by code
enforcement and the building department. These must be repaired or
removed.
Expired permits.
Conversion of buildings without permits or inspections.
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south central fresno community benefits fund
can i live in my travel trailer ?
California Title 24 does not allow the use of a recreational vehicle to be used as a
dwelling unit unless allowed in an area zoned and designated as a mobile home park
or trailer park. The California Health and Safety Code defines a Recreational Vehicle
RV) as a motor home, travel trailer, truck camper, or camping trailer, with or without
motive power, designed for human habitation for recreational purposes.
how can i safely use a portable hvac ?
In order to safely use a portable HVAC, it is imperative that you check the current
rating of your electrical outlets and the device in question before you attempt to
plug devices into an outlet. All major appliances should be plugged directly into
a wall socket. Don’t use extension cords or multi-outlet converters to get multiple
appliances into an outlet and never link extension cords together to create more
outlet space. Remember that while power strips add outlets, they do not change the
amount of power available in an outlet.
Where you have multiple items plugged into a socket, look for the following signs of
overload.
Discolored and/or hot outlet covers
Frequently blown fuses
Burning smell near the outlet
Lights that flicker or dim frequently
Appliances that give off a shock or mild tingling sensation when touched
Although it may be inconvenient, it is safer to hire an electrician to check the total
amperage of your home and/or to add to sockets in your home than take the
chance of overloading your existing system. See below for information on how to
hire a licensed contractor.
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south central fresno community benefits fund
what type of windows can i purchase ?
There are several styles of windows that you may purchase to replace your single-
pane windows. Please note that a window schedule is required when replacing your
single-pane windows with a window of the same size. If the replacement windows are
larger or smaller than your current windows, additional permitting is required.
how do i hire a licensed contractor ?
The Department of Consumer Affairs provides guidelines to use when beginning to
search for state-licensed contractors. The guidelines include information about how
to check a license, the different kinds of contractors, what to look for in a contract,
and other considerations when hiring a contractor.
To access the guidelines, please visit
https://www.cslb.ca.gov/Consumers/Hire_A_Contractor/ or call (800) 321- 2752.
how do i know if a contractor has a valid license ?
To verify that a contractor has a valid license, please visit
https://www.cslb.ca.gov/OnlineServices/CheckLicenseII/CheckLicense.aspx
or call (800) 321- 2752.
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south central fresno community benefits fund
Building and Safety Services is responsible for permit processing, plan review,
and inspection for public and private projects. You can apply for permits online
through the City of Fresno FAASTER system or in-person by visiting the Building
Safety Division in Room 3043 at 2600 Fresno Street, Fresno, CA 93721. For more
information on how to submit an online application, please visit
https://www.youtube.com/watch?v=1SEPMopHlD0.
who can i contact to help me find alicensedcontractor?
The Better Business Bureau (BBB) is a private, nonprofit organization that focuses
on helping people find businesses, brands, and charities they can trust. The BBB
offers its information and services to consumers at no charge. You can get in
touch with the Fresno office by calling (559) 222-8111 or visiting their website at
https://www.bbb.org/.
how do i apply for building permits in the
city of fresno ?
how do i apply for building permits in the
county of fresno ?
You can apply for permit online through the County of Fresno Citizen Portal at
https://permitportal.fresnocountyca.gov/citizenportal/app/login
or in-person by visiting the Building and Safety Team at
2220 Tulare Street,
Fresno, CA, 93721.
For more information, please visit
https://www.co.fresno.ca.us/departments/public-works-and-planning/citizens-
portal.
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south central fresno community benefits fund
who can i contact at the city of fresno if iamhavingissuesapplyingforapermit ?
If your home is located within the City of Fresno limits and are having issues
applying for a permit, or if you have general questions, you can call (559) 621-8082
and/or visit the Building & Safety Division at Fresno City Hall. Effective Monday,
June 28, appointments are available Monday – Friday 9:00 AM – 4:00 PM. Please
note that the front counter is closed for lunch between 12:00 – 1:00 pm every day.
The Building & Safety Division is located on the third floor of Fresno City Hall
Room 3043) at 2600 Fresno Street, Fresno, CA 93721. To make an appointment,
please visit https://kiosk.us1.qless.com/kiosk/app/home/6100000075 or call the
number listed above.
If you are having issues with applying for a permit, you can call (559) 600-4540
and/or visit the Development Services and Planning offices.
Office hours (available by phone)
Monday - Thursday 8:00 am - 5:00 pm
Friday •8:00 am - 12:30 pm
Lobby Counter Hours
Monday - Thursday 9:00 am - 5:00 pm
Friday – 8:30 am – 12:30 pm
Development Services and Planning offices are located in Annex “A” and “B”
just above and below street level of the Fresno County Plaza, 2220 Tulare Street
South/West corner of Tulare and “M” streets) in Fresno, CA.
who can i contact at the county of fresno
if i am having issues applying for a permit ?
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-154 Agenda Date:2/9/2023 Agenda #:
1.-O.
REPORT TO THE CITY COUNCIL
FROM:SCOTT L. MOZIER, PE, Director
Public Works Department
BY:ANDREW J. BENELLI, PE, City Engineer/Assistant Director
Public Works Department, Traffic Operations and Planning Division
HARMANJIT DHALIWAL, PE, Supervising Professional Engineer
Public Works Department, Traffic Operations and Planning Division
SUBJECT
RESOLUTION - Approving the Final Map of Tract No. 5388, and accepting dedicated public uses
offered therein except for dedications offered subject to City acceptance of developer installed
required improvements - located at the intersection of North Salinas Avenue and West San Jose
Avenue (Council District 2)
RECOMMENDATION
Staff recommends the City Council adopt a resolution approving the Final Map of Tract No. 5388 and
accepting the dedicated public uses offered therein, to authorize the Public Works Director or his
designee to execute the subdivision agreement on behalf of the City.
EXECUTIVE SUMMARY
The Subdivider, Bonadelle Homes, Inc., (John A. Bonadelle, President), has filed for approval, the
Final Map of Tract No. 5388, for a 42-lot single-family residential subdivision at the intersection of
North Salinas Avenue and West San Jose Avenue on 10.71 acres.
BACKGROUND
The Fresno City Planning Commission on September 7, 2005 approved Vesting Tentative Map No.
5388 (Tentative Map) for a 42-lot single-family residential subdivision on 10.71 acres (See attached
map). The Tentative Map was approved consistent with the Fresno General Plan and the Bullard
Community Plan to comply with the provisions of the Subdivision Map Act.
The Final Map is technically correct and conforms to the approved Tentative Map, the Subdivision
Map Act and the Fresno Municipal Code. The provisions of Section 66474.1 of the Subdivision
Map Act require a final map that is in substantial compliance with the approved tentative map to be
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approved by the City Council.
The Subdivider has satisfied all other conditions of approval by executing the Subdivision Agreement
for Tract No.5388,submitted securities in the total amount of $1,823,000 to guarantee the
completion and acceptance of the public improvements and $911,500 for a payment security and has
paid the miscellaneous and development impact fees due as a condition of approval for the Final
Map in the amount of $114,384.00.Covenants have been executed to defer eligible development
impact fees totaling $735,592.37 to the time of final occupancy of each unit.The City Attorney’s
Office has approved all documents as to form and the Risk Management Division has approved all
security bonds and insurance certificates.
MAINTENANCE DISTRICT:A condition of approval of the Tentative Map is to maintain the concrete
curbs and gutters,valley gutters,sidewalks and curb ramps,and street lighting associated with the
Final Map in accordance with the adopted standards of the City.The Subdivider has satisfied the
maintenance requirement by annexing the subdivision into the City’s CFD-11 on January 19, 2023.
The Subdivider has executed the covenant for Maintenance of Certain Improvements and as a
condition of the Subdivision Agreement,is required to provide every prospective purchaser of each
lot of the subdivision the “Notice of Special Tax”,in accordance with the provision of Section 53341.5
of the California Government Code.The maximum annual assessment is $539.62 per lot with an
annual 2%adjustment or by the rise of the Construction Cost Index (CCI),if it exceeds 2%for the
San Francisco Region.
ENVIRONMENTAL FINDINGS
Pursuant to CEQA Guidelines Section 15268(b)(3),approval of final subdivision maps is a ministerial
action and is exempt from the requirements of CEQA.
LOCAL PREFERENCE
Local preference was not considered because this resolution does not include a bid or award of a
construction or services contract.
FISCAL IMPACT
The Final Map is located in Council District 2.There will be no impact to the City’s General Fund.
Approval by the Council will result in timely deliverance of the review and processing of the Final Map
as is reasonably expected by the Subdivider.Prudent financial management is demonstrated by the
expeditious completion of this Final Map since the Subdivider has paid the City a fee for the
processing of this Final Map and that fee is,in turn,funding the respective operations of the Public
Works Department.
Attachments:
Resolution
Final Map of Tract No. 5388
Location Map
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BARSTOW
GARFIELDBRYANPOLKBLYTHEVALENTINEVAN
NESSFRUITSIERRA
ALLUVIAL
GETTYSBURG
DAKOTA
CLINTON
OLIVE
NIELSON
KEARNEY
ANNADALE
INTERNATIONAL
PERRINTEAGUE
ALLUVIALMAROAFRESNOMILLBROOKMAPLEWILLOW
MINNEWAWASUNNYSIDEARMSTRONGMAPLEORANGECHERRYFIGCHURCH
BUTLER
TULARE
LOCANDAKOTA
CLINTON
OLIVE
FRUITHUGHESVALENTINEBLYTHEPOLKBRYANN TRAFFIC OPERATIONS AND PLANNING
DIVISION DISTRICT
2 Final Tract Map No.
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-195 Agenda Date:2/9/2023 Agenda #:1.-P.
REPORT TO THE CITY COUNCIL
FROM:SCOTT L. MOZIER, PE, Director
Public Works Department
BY:ANDREW J. BENELLI, PE, City Engineer/Assistant Director
Public Works Department, Traffic Operations and Planning
ADRIAN GONZALEZ, Senior Engineering Technician
Public Works Department, Traffic Operations and Planning
SUBJECT
RESOLUTION - Of Intention to Annex Final Tract Map No. 6299 as Annexation No. 137 to
the CITY OF FRESNO COMMUNITY FACILITIES DISTRICT NO. 11 and to Authorize the
Levy of Special Taxes; and setting the public hearing for Thursday, March 30, 2023 at
10:00 am (southeast corner of East Belmont Avenue and North Armstrong Avenue)
Council District 5)
RECOMMENDATION
Adopt Resolution of Intention to Annex Final Tract Map No. 6299 to City of Fresno Community
Facilities District No. 11 (CFD No. 11).
EXECUTIVE SUMMARY
The landowner (KB Homes) has petitioned the City of Fresno to have Final Tract Map No. 6299 (218
Lot Single-Family Home Subdivision) annexed to CFD No. 11 to provide funding for the Services (as
hereafter defined) pertaining to certain required above ground public improvements associated with
this subdivision. The cost for the Services for these improvements is $548.61 per lot annually for
Fiscal Year 2022-2023. Final Tract Map No. 6299 is located entirely within City limits. The Resolution
of Intention begins the process, sets the required public hearing for Thursday, March 30, 2023 at
10:00 am, and defines the steps required to complete the annexation. (See attached Location and
Feature Maps.)
BACKGROUND
Subdivision: 6299
Developer: KB Homes
Number of Lots: 218
Maximum Special Tax Per Lot: $548.61
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Features: Landscaping, concrete, and hardscaping
On November 15,2005,the Council of the City of Fresno adopted Council Resolution No.2005-490
forming CFD No.11 to fund public maintenance of landscaping,open spaces,local streets,local
street lights and street furniture,curbs,gutters,sidewalks,street trees and other public facilities and
services as defined by the City of Fresno Special Tax Financing Law,Chapter 8,Division 1,Article 3
of the Fresno Municipal Code (City Law).
The landowner has made a request to the City of Fresno to have Final Tract Map No.6299 annexed
to CFD No.11 to provide the funding for the operation and reserves for maintenance (Services)
pertaining to certain required above ground public improvements within the dedicated City public
easements and Outlots;this includes the landscaping,trees and irrigation systems;concrete curbs,
gutters,valley gutters,major street median capping and maintenance band,sidewalks and curb
ramps,street name signage,street lighting,and local street paving associated with this subdivision.
See attached Location and Feature Maps.)
Final Tract Map No. 6299 is not a phased map and is located entirely within City limits.
The attached Resolution initiates the annexation process,sets the public hearing on this matter for
Thursday,March 30,2023 at 10:00 am,sets the Maximum Special Tax at $548.61 annually per
residential lot for Fiscal Year 2022-2023 and sets the annual adjustment of the Special Tax to be
adjusted upward annually by 2%or by the rise of the Construction Cost Index (CCI),if it exceeds 2%
for the San Francisco Region.
Annexations to existing community facilities districts are permitted under City Law.The legislative
body must follow certain prescribed procedures as outlined below:
Adoption of a Resolution of Intention to Annex to CFD No. 11
Required 7-day minimum Notice of Public Hearing
Public hearing on Annexation and Levy of Special Tax
Call a Special Mailed-Ballot Election on the proposed Special Tax
Declare the Results of the Election
Formal Adoption of Special Tax Levy (if election passes)
The attached Resolution has been approved as to form by the City Attorney’s Office.
ENVIRONMENTAL FINDINGS
Pursuant to the definition in California Environmental Quality Act Guidelines Section 15378,this
action is not a project.
LOCAL PREFERENCE
Local preference was not implemented,as this item does not include a bid or award of a
construction or services contract.
FISCAL IMPACT
No City funds will be involved.All costs for services will be borne by the property owners within the
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File #:ID 23-195 Agenda Date:2/9/2023 Agenda #:1.-P.
subject tract.
Attachments:
Location Map
Feature Map
Resolution of Intention
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BARSTOW
GARFIELDBRYANPOLKBLYTHEVALENTINEVAN
NESSFRUITSIERRA
GETTYSBURG
DAKOTA
CLINTON
OLIVE
NIELSON
KEARNEY
ANNADALE
INTERNATIONAL
PERRINTEAGUE
ALLUVIALMAROAFRESNOMILLBROOKMAPLEWILLOW
SUNNYSIDEARMSTRONGMAPLEORANGECHERRYFIGCHURCH
BUTLER
TULARE
LOCANDAKOTA
CLINTON
OLIVE
FRUITHUGHESVALENTINEBLYTHEPOLKBRYANHAMILTON
MINNEWAWAWILLOWN TRAFFIC OPERATIONS AND PLANNING
DIVISION Final Tract Map No.
6299
COUNCIL
DISTRICT
OUTLOT
B
12345678
9
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11
65 64 63 62 61 60 59 58 57 56
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75
114
74737271706968676686878889909192
76777879808182838485989796959493
113112111110109108107106105
115116117118119120121122123124
99100101102
104103
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156
157
158
159
160
161
162
163
164
165
186
185
184
183
182
181
180
179
178
177
176
175
174
173
172
171
170
169
168
167
166
218
217
216
215
130
129
131
132
133
134
135
136
137
138
146
145
144
143
142
139
125
126
127
128
140141
31
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
OUTLOT C
OUTLOT D OUTLOT E
OUTLOT FOUTLOT
GOUTLOT
HOUTLOT
I
OUT
LO T
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OUTLOT
K
S
T
A
T
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1 8 0
EAST BELMONT
AVENUE NORTH ARMSTRONG AVENUEOUTLOT A
FINAL TRACT MAP
NO. 6299 BUFFERS/PARKWAYS/MEDIAN
TREES & SHRUBS = 52,755 SF FEATURES TO BE
ADDED BY ANNEXATION NO. 137
COMMUNITY FACILITIES DISTRICT NO. 11
TRAFFIC
OPERATIONS AND
PLANNING DIVISION N
STREET LIGHTS:
LOCAL STREET PAVEMENT:
CONCRETE IMPROVEMENTS:LANDSCAPE AND IRRIGATION:
INTERIOR RESIDENTIAL = 260,780
SF STANDARD - Embedded = 43 EACH
CURB & GUTTER = 15,803 LF
VALLEY GUTTER = 5,192 SF SIDEWALK &
CURB RAMPS = 118,792
SF LARGE TREES = 80
EA SMALL TREES = 9
EA TRAILWAY HARDSCAPE AND AMENITIES:DECOMPOSED
GRANITE PATHWAY =
1,356 CF TURF & BEDS
GROUND COVER = 19,439 SF
MEDIAN CURB = 1,952 SF MEDIAN
STAMPED CONCRETE = 3,090
SF STANDARD - Base = 6
BlackstoneNees
Herndon
Bullard
Shaw
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Shields
McKinley
Belmont
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Alluvial
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Dakota
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Dakota
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FRESNOMAINTENANCECFD11
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Rail Road
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µExhibit A Date:
EAST BELMONTAVENUENORTH
ARMSTRONG
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TEMPERANCE
AVENUES
T
A
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O
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1 8 0 FINAL TRACT
MAP NO. 6299 CITY OF FRESNO -
Public Works Department ANNEXATION MAP
NO. 137 OF COMMUNITY FACILITIES
DISTRICT NO. 11 OF THE CITY OF
FRESNO,
FRESNO COUNTY,CALIFORNIA
CFD11 137 A1
1-P-1477 REFERENCE: BOUNDARY MAP OF CITY OF
FRESNO COMMUNITY FACILITIES DISTRICT NO. 11, RECORDED NOVEMBER 8, 2005 AT BOOK 41,
PAGE 61 OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS IN THE
OFFICE OF THE RECORDER IN THE COUNTY OF FRESNO,
STATE
OF CALIFORNIA DOC.FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF
FRESNO THIS
DAY
OF , 2023.ATTEST:
TODD STERMER, CMC CITY CLERK OF THE
CITY
OF
FRESNO BY:DEPUTY I HEREBY CERTIFY THAT THE ANNEXATION MAP NO. 137
OF THE COMMUNITY FACILITIES DISTRICT NO. 11, CITY OF FRESNO, COUNTY OF
FRESNO, STATE OF CALIFORNIA WAS ADOPTED BY THE COUNCIL OF THE CITY
OF FRESNO BY RESOLUTION NO.
2023-
ON , 2022.ATTEST:
TODD STERMER, CMC CITY CLERK OF THE
CITY
OF
FRESNO BY:DEPUTY THIS ANNEXATION MAP NO. 137 OF THE CITY
OF FRESNO COMMUNITY FACILITIES DISTRICT NO. 11, WAS FILED THIS
DAY OF , 2023 AT THE HOUR OF O'CLOCK M AT BOOK 46, PAGE
OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS IN THE
OFFICE OF THE COUNTY RECORDER IN THE COUNTY OF FRESNO,
STATE OF CALIFORNIA PAUL DICTOS,
C.P.A.COUNTY RECORDER OF THE
COUNTY
OFFRESNOBY:NTERRITORY
TO BE ANNEXED TO THE CITY
CFD NO. 11 BOUNDARY
LINE
OF NEW TERRITORY NOTE: FOR PARCEL DIMENSIONS, SEE ASSESSOR'S
MAP BOOK PAGES EXEMPT FROM SB2 FEES PER GOVERNMENT CODE SECTION 27388.1(
a)(2)(
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-196 Agenda Date:2/9/2023 Agenda #:
1.-Q.
REPORT TO THE CITY COUNCIL
FROM:SCOTT L. MOZIER, PE, Director
Public Works Department
BY:ANDREW J. BENELLI, PE, City Engineer/Assistant Director
Public Works Department, Traffic Operations and Planning
ADRIAN GONZALEZ, Senior Engineering Technician
Public Works Department, Traffic Operations and Planning
SUBJECT
RESOLUTION - Of Intention to Annex Final Tract Map No. 6299 as Annexation No. LS003
to the City of Fresno Community Facilities District No. 17 and to Authorize the Levy of
Special Taxes; and setting the public hearing for Thursday, March 30, 2023 at 10:05 am
southeast corner of East Belmont Avenue and North Armstrong Avenue) (Council District
5)
RECOMMENDATION
Adopt Resolution of Intention to Annex Final Tract Map No. 6299 to the City of Fresno Community
Facilities District No. 17 (CFD No. 17).
EXECUTIVE SUMMARY
The Landowner (KB Homes) has petitioned the City of Fresno to have Final Tract Map No. 6299 (218
Lot Single-Family Home Subdivision) annexed to CFD No. 17 to provide funding for the Services (as
hereafter defined) pertaining to the maintenance of the required sewer lift station associated with the
proposed development. The cost for the Services for these improvements is $83.80 per lot annually
for the Fiscal Year 2022-2023. Final Tract Map No. 6299 is located entirely within City limits. The
Resolution of Intention begins the process, sets the required public hearing for Thursday, March 30,
2023 at 10:05 am, and defines the steps required to complete the annexation. (See attached
Location Map.)
BACKGROUND
Subdivision: 6299
Developer: KB Homes
Number of Lots: 218
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File #:ID 23-196 Agenda Date:2/9/2023 Agenda #:
1.-Q.
Maximum Special Tax Per Lot: $83.80
Features: Sewer Lift Station
On May 21,2020,the Council of the City of Fresno (Council)adopted Council Resolution No.2020-
113,forming CFD No.17 to provide funding for Services pertaining to the maintenance of required
sewer lift stations associated with planned developments and as defined by the City of Fresno
Special Tax Financing Law,Chapter 8,Division 1,Article 3 of the Fresno Municipal Code (City Law)
and the Mello-Roos Community Facilities Act of 1982 (Chapter 2.5,commencing with Section 53311,
of Part 1, Division 2, Title 5 of the California Government Code).
The landowner has petitioned the City to have Final Tract Map No.6299 annexed to CFD No.17 to
provide funding for the operation and reserves for maintenance (Services)pertaining to certain
required above ground public improvements/sewer lift station(s)associated with the proposed
developments. (See attached Location and Feature Maps.)
Final Tract Map No. 6299 is not a phased map and is located entirely within City limits.
The attached Resolution initiates the annexation process,sets the public hearing on this matter for
Thursday,March 30,2023 at 10:05 am,sets the Maximum Special Tax at $83.80 annually per
residential lot for Fiscal Year 2022-2023 and sets the annual adjustment of the Special Tax to be
adjusted upward annually by 3%plus the rise,if any,in the Construction Cost Index (CCI)for the San
Francisco Region.
Annexations to existing community facilities districts are permitted under City Law.The legislative
body must follow certain prescribed procedures as outlined below:
Adoption of a Resolution of Intention to Annex to CFD No. 17
Required 7-day minimum Notice of Public Hearing
Public Hearing on Annexation and Levy of Special Tax
Call a Special Mailed-Ballot Election on the proposed Special Tax
Declare the Results of the Election
Formal Adoption of Special Tax Levy (if election passes)
The attached Resolution has been approved as to form by the City Attorney’s Office.
ENVIRONMENTAL FINDINGS
Pursuant to California Environmental Quality Act (CEQA)Guidelines Section 15378,this action does
not qualify as a “project” and is therefore exempt from CEQA requirements.
LOCAL PREFERENCE
Local preference was not implemented,as this item does not include a bid or award of a
construction or services contract.
FISCAL IMPACT
No City funds will be involved.All costs for services will be borne by the property owners within the
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File #:ID 23-196 Agenda Date:2/9/2023 Agenda #:
1.-Q.
No City funds will be involved.All costs for services will be borne by the property owners within the
subject tract/development.
Attachments:
Location Map
Resolution of Intention
City of Fresno Printed on 2/10/2023Page3of3
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BARSTOW
GARFIELDBRYANPOLKBLYTHEVALENTINEVAN
NESSFRUITSIERRA
GETTYSBURG
DAKOTA
CLINTON
OLIVE
NIELSON
KEARNEY
ANNADALE
INTERNATIONAL
PERRINTEAGUE
ALLUVIALMAROAFRESNOMILLBROOKMAPLEWILLOW
SUNNYSIDEARMSTRONGMAPLEORANGECHERRYFIGCHURCH
BUTLER
TULARE
LOCANDAKOTA
CLINTON
OLIVE
FRUITHUGHESVALENTINEBLYTHEPOLKBRYANHAMILTON
MINNEWAWAWILLOWN TRAFFIC OPERATIONS AND PLANNING
DIVISION Final Tract Map No.
6299
COUNCIL
DISTRICT
BARSTOW
GARFIELDBRYANPOLKBLYTHEVALENTINEVAN
NESSFRUITSIERRA
ALLUVIAL
GETTYSBURG
DAKOTA
CLINTON
OLIVE
NIELSON
KEARNEY
ANNADALE
INTERNATIONAL
PERRINTEAGUE
ALLUVIALMILLBROOKMAPLEWILLOW
MINNEWAWASUNNYSIDEARMSTRONGMAPLEORANGECHERRYFIGCHURCH
BUTLER
TULARE
LOCANDAKOTA
CLINTON
OLIVE
FRUITHUGHESVALENTINEBLYTHEPOLKBRYANMAROAFRESNON EXHIBIT
A NOT TO
SCALE TRAFFIC OPERATIONS AND PLANNING
DIVISION COMMUNITY FACILITIES DISTRICT NO.
17 SEWER
LIFT STATION
LS001 SEWER
LIFT STATION
EAST BELMONTAVENUENORTH
ARMSTRONG
AVENUENORTH
TEMPERANCE
AVENUES
T
A
T
E
R
O
U
T
E
1 8 0 SEWER
LIFT-STATION
LS003 FINAL TRACT
MAP NO. 6299 CITY OF FRESNO -
Public Works Department ANNEXATION MAP
NO. LS003 OF COMMUNITY FACILITIES
DISTRICT NO. 17 OF THE CITY OF
FRESNO,
FRESNO COUNTY,CALIFORNIA
CFD17 003 A1
1-P-1478 REFERENCE: BOUNDARY MAP OF CITY OF
FRESNO COMMUNITY FACILITIES DISTRICT NO. 17, RECORDED APRIL 27, 2020 AT BOOK 46, PAGES
2 & 3 OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS IN THE
OFFICE OF THE RECORDER IN THE COUNTY OF FRESNO,
STATE
OF CALIFORNIA DOC.FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF
FRESNO THIS
DAY
OF , 2023.ATTEST:
TODD STERMER, CMC CITY CLERK OF THE
CITY
OF
FRESNO BY:DEPUTY I HEREBY CERTIFY THAT THE ANNEXATION MAP NO.
LS003 OF THE COMMUNITY FACILITIES DISTRICT NO. 17, CITY OF
FRESNO, COUNTY OF FRESNO, STATE OF CALIFORNIA WAS ADOPTED BY THE COUNCIL
OF THE CITY OF FRESNO BY RESOLUTION NO.
2023-
ON , 2023.ATTEST:
TODD STERMER, CMC CITY CLERK OF THE
CITY
OF
FRESNO BY:DEPUTY THIS ANNEXATION MAP NO. LS003 OF THE CITY
OF FRESNO COMMUNITY FACILITIES DISTRICT NO. 17, WAS FILED THIS
DAY OF , 2023 AT THE HOUR OF O'CLOCK M AT BOOK 46, PAGE
OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS IN THE
OFFICE OF THE COUNTY RECORDER IN THE COUNTY OF FRESNO,
STATE OF CALIFORNIA PAUL DICTOS,
C.P.A.COUNTY RECORDER OF THE
COUNTY
OFFRESNOBY:NTERRITORY
TO BE ANNEXED TO THE CITY
CFD NO. 17 BOUNDARY
LINE
OF NEW TERRITORY NOTE: FOR PARCEL DIMENSIONS, SEE ASSESSOR'S
MAP BOOK PAGES EXEMPT FROM SB2 FEES PER GOVERNMENT CODE SECTION 27388.1(
a)(2)(
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-197 Agenda Date:2/9/2023 Agenda #:
1.-R.
REPORT TO THE CITY COUNCIL
FROM:SCOTT L. MOZIER, PE, Director
Public Works Department
BY:RANDALL W. MORRISON, PE, Assistant Director
Public Works Department, Engineering Division
BRANDON CHACON, Projects Administrator
Public Works Department, Transportation Project Management
SUBJECT
Approve the Second Amendment to the Consultant Services Agreement with UltraSystems
Environmental Inc., of Irvine, California in the amount of $32,716, for a total increased contract
amount of $146,269, for professional environmental services and preparation of technical memos for
the McKinley Avenue Widening Project between Marks Avenue and Hughes Avenue (Council District
3)
RECOMMENDATION
Staff recommends the City Council approve the Second Amendment to the Consultant Services
Agreement (Agreement) dated September 8, 2021, with UltraSystems Environmental Inc. in the
amount of $32,716, increasing the total contract amount to $146,269, for the McKinley Avenue
Widening Project between Marks Avenue and Hughes Avenue, and to authorize the Public Works
Director or designee to execute the Second Amendment to Agreement on behalf of the City of
Fresno.
EXECUTIVE SUMMARY
The City of Fresno is seeking to construct street improvements and widen the north side of McKinley
Avenue from Marks Avenue to Hughes Avenue, including curbs, gutters, sidewalks, on street parking,
bicycle facilities and street lighting. The preliminary engineering, right-of-way, and construction
phases are federally funded with the Surface Transportation Block Grant (STBG) program
administered through Caltrans, on behalf of the Federal Highway Administration(FHWA). Because
STBG is a federal funding source, a National Environmental Policy Act (NEPA) determination is
required prior to commencing right-of-way acquisition and construction. Initial environmental
investigations identified additional environmental studies, evaluations, and reporting required for the
project. Staff recommends approval of this Second Amendment in the amount of $32,716, for the
additional environmental studies, evaluations, and reporting required to comply with NEPA for the
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File #:ID 23-197 Agenda Date:2/9/2023 Agenda #:
1.-R.
McKinley Avenue Widening Project between Marks Avenue and Hughes Avenue.
BACKGROUND
McKinley Avenue currently exists as a two-lane arterial roadway,lacking curbs,gutters,sidewalks,
street lighting,and drainage facilities on the north side of McKinley Avenue between Marks Avenue
and Hughes Avenue.The purpose of this project is to widen McKinley Avenue to its ultimate
configuration and improve accessibility and multimodal travel options.
The design and preparation of street improvement plans,specifications and engineer’s estimate for
the widening project is currently being completed by the City of Fresno.
In October of 2017,the City of Fresno applied for,and was successful in getting awarded,a federal
STBG program grant for the design engineering,right-of-way,and construction phases of the
McKinley Avenue Widening project.The City was awarded the federal STBG grant that provides
design engineering,right-of-way,and construction funding for the McKinley Avenue Widening project.
These funds will be used to widen the north side of McKinley Avenue between Marks Avenue and
Hughes Avenue,which will result in two east bound lanes and one west bound lane,bike lanes,
curbs,gutters,sidewalks,streetlighting and a HAWK pedestrian signal near Addams Elementary
School.
As a result of federal STBG program funding requirements,environmental studies and technical
memoranda are required to satisfy NEPA,prior to starting right-of-way acquisition and construction.
In accordance with Administrative Order (A.O.)6-19,staff executed an agreement with UltraSystems
Environmental Inc.,in September 2021,to perform professional environmental services as required
by the federal grant.
During the initial environmental investigations and studies,additional studies and reporting were
identified and are now required to comply with NEPA guidelines.Therefore,the City needs to amend
the scope of the Agreement to complete the additional environmental studies,evaluations and
reporting to comply with NEPA.Staff negotiated the additional scope to the Agreement for an
increase of $32,716, which brings the total contract amount to $146,269.
The City Attorney’s Office has reviewed and approved the amendment as to form.
ENVIRONMENTAL FINDINGS
By the definition provided in the California Environmental Quality Act (CEQA)Guidelines Section
15378 the contract amendment approval does not qualify as a project as defined by CEQA.
LOCAL PREFERENCE
Local preference was not implemented; this is an amendment to an existing agreement.
FISCAL IMPACT
This project,which is located in Council District 3,will not have any impact to the General Fund.The
amendment amount of $32,716 will be funded by the federal STBG grant.All funds necessary for the
City of Fresno Printed on 2/10/2023Page2of3
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File #:ID 23-197 Agenda Date:2/9/2023 Agenda #:
1.-R.
amendment amount of $32,716 will be funded by the federal STBG grant.All funds necessary for the
contract amendment are included in the current fiscal year budget as previously adopted by City
Council.
Attachments:
Second Amendment to Agreement
Vicinity Map
City of Fresno Printed on 2/10/2023Page3of3
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Whites Bridge
MapleBrawleyHerndon
Bullard
Shaw
ClovisFowlerTemperanceWestPalmClovisFowlerTemperanceDe
WolfShields
McKinley
Belmont
ChestnutPeachAmerican
CedarGrantlandHayesElmEastMarksWestWalnutCorneliaNorth
California
Jensen
Ashlan
GrantlandHayesCorneliaBrawleyMarksShaw
Bullard
Herndon
Nees
De
WolfShields
McKinley
Belmont
California
Jensen North
Kings
Canyon
AshlanPeachBehymerCopper
Shepherd
NeesBlackstoneFirstCedarChestnutGarfieldBryanPolkBlytheValentineVan
NessFruitMaroaFresnoMillbrookMapleWillowDakota
Clinton
Olive
Gettysburg
Barstow
Sierra
Alluvial
Nielsen
Kearney
Muscat
Annadale
Church
WillowMinnewawaMalaga
OrangeBryanSunnysideArmstrongLocanFigCherryHughesFruitPolkValentineBlytheAlluvial
Sierra
Barstow
Perrin
SunnysideArmstrongLocanClinton
Olive
Tulare
Butler
ChurchAnnadale
DakotaMinnewawaInternational TeagueMcKinleyAvenueWideningMarksAvenueto
Hughes
Avenue N 01.5
30.75 MilesProjectID: PW00843Council
District: 3McKinleyAvenueWideningMarksAvenueto
Hughes Avenue
VICINITYMAPDEPARTMENT
OFPUBLIC WORKS
District 3
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-213 Agenda Date:2/9/2023 Agenda #:
1.-S.
REPORT TO THE CITY COUNCIL
FROM:BROCK D. BUCHE, PE, PLS, Director
Department of Public Utilities
BY:CHERYL BURNS, MPA, Senior Management Analyst
Department of Public Utilities - Administration
SUBJECT
RESOLUTION - Authorizing submission of a 2022 Urban Community Drought Relief Grant
Program application to the California Department of Water Resources for the Expanded Lawn to
Garden Water Conservation Rebate Program, and authorizing the Director of Public Utilities or
designee to accept grant funds and execute all application and grant agreement documents on
behalf of the City of Fresno (Citywide) (Subject to Mayor’s Veto)
RECOMMENDATION
Staff recommends that City Council approve a Resolution authorizing submission of a 2022 Urban
Community Drought Relief Grant Program application to the California Department of Water
Resources (DWR) for the Expanded Lawn to Garden Water Conservation Rebate Program, and
authorizing the Director of Public Utilities or designee to accept grant funds and execute all
application and grant agreement documents on behalf of the City of Fresno.
EXECUTIVE SUMMARY
In June 2022, the State of California Legislature allocated $545 million to DWR to deliver grants for
drought relief to urban communities. The City of Fresno (City) Department of Public Utilities (DPU)
proposes to utilize available DWR grant funding for the Expanded Lawn to Garden Water
Conservation Rebate Program, which will build upon the current Lawn to Garden Rebate program to
provide additional rebates and incentives for residential and commercial water customers to replace
existing lawns with water-efficient landscapes on a first-come, first-served basis.
BACKGROUND
In the Budget Act of 2021, the State of California allocated $300 million to the DWR to deliver grants
for interim and immediate drought relief to urban communities for multi-benefit projects, which DWR
administers via the Urban Community Drought Relief Grant Program (Program). Grants awarded
under the Program are intended to provide water to communities that face the loss or contamination
of their water supplies, to address immediate impacts on human health and safety, and to protect fish
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R. 2023-031
File #:ID 23-213 Agenda Date:2/9/2023 Agenda #:
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of their water supplies,to address immediate impacts on human health and safety,and to protect fish
and wildlife resources.An amendment to the Budget Act of 2021 in June 2022 allocated an
additional $545 million to the DWR for the Program.
The City provides potable water supply service to approximately 140,000 residences,businesses,
industries,and institutions within a geographic area that extends across approximately 110 square
miles.As drought conditions have continued to persist in California,the City has been actively
engaged in efforts to maintain the City’s water supplies and ensure the reliability of its potable water
system.
The Expanded Lawn to Garden Water Conservation Rebate Program (Project)will build upon the
current Lawn to Garden Rebate Program to provide additional rebates and incentives for residential
and commercial,industrial,and institutional (CII)water customers to replace existing lawns with
water efficient landscapes on a first-come,first-served basis.During the three-year Project,DPU
anticipates completion of approximately 1,250 rebates,replacement of approximately 2,125,000
square feet of turf with water-efficient landscapes,and replacement of approximately 1,250 spray
irrigation systems to drip irrigation,resulting in the conservation of an estimated 122 acre-feet per
year (AFY) of potable water.
To maximize rebate effectiveness and incentives for customers,DPU recently retained a consultant
who is performing a review and evaluation of the current Lawn to Garden Rebate Program,as well as
review landscape rebate programs other water agencies’to explore opportunities for further program
enhancement.The consultant will make recommendations for revisions to the City’s landscape
rebate programs including:1)revisions to rebate structures,including a distinction between
residential and CII properties,and rebate amounts;2)revisions to rebate terms and conditions;3)
revisions to rebate paperwork;and 4)revisions to rebate outreach efforts.Final recommendations
from the consultant are forthcoming and will be subject to Council approval.
If Program funds are awarded,DPU will be positioned to offer a larger number of residential and CII
water customers the program incentive to convert lawns to water-efficient sustainable landscaping,
increasing the City’s overall water conservation and drought resilience.
ENVIRONMENTAL FINDINGS
Pursuant to the definition in California Environmental Quality Act (CEQA)Guidelines section 15378,
this is not a project for the purposes of CEQA.
LOCAL PREFERENCE
Local preference was not implemented because this action does not include a bid or an award of a
construction or services contract.
FISCAL IMPACT
This resolution will have no impact on the General Fund.Should the grants be awarded,the funds
will be accounted for in a separate fund to be designated specifically for the Expanded Lawn to
Garden Water Conservation Rebate Program.
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File #:ID 23-213 Agenda Date:2/9/2023 Agenda #:
1.-S.
Attachments:
Attachment 1 - Resolution
Attachment 2 - Sample Agreement
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Date Adopted:
Date Approved:
Effective Date:
City Attorney Approval: ______ Resolution No. ____________
RESOLUTION NO. ____________
A RESOLUTION OF THE COUNCIL OF THE CITY OF
FRESNO, CALIFORNIA, AUTHORIZING SUBMISSION OF A
2022 URBAN COMMUNITY DROUGHT RELIEF GRANT
PROGRAM APPLICATION TO THE CALIFORNIA
DEPARTMENT OF WATER RESOURCES FOR THE
EXPANDED LAWN TO GARDEN WATER CONSERVATION
REBATE PROGRAM, AND AUTHORIZING THE DIRECTOR
OF PUBLIC UTILITIES OR DESGINEE TO ACCEPT GRANT
FUNDS AND EXECUTE ALL APPLICATION AND GRANT
AGREEMENT DOCUMENTS ON BEHALF OF THE CITY OF
FRESNO
WHEREAS, the City of Fresno (City) Department of Public Utilities (DPU) provides
potable water service to approximately 140,000 residential, commercial, industrial, and
institutional customers; and
WHEREAS, outdoor landscape irrigation constitutes the largest use of potable
water in the City; and
WHEREAS, the DPU Water Conservation Program will be proposing an Expanded
Lawn to Garden Water Conservation Rebate Program (Project), which will build upon the
current Lawn to Garden Rebate Program to provide additional rebates and incentives for
residential and commercial water customers to replace existing lawns with water efficient
landscapes on a first-come, first-served basis; and
WHEREAS, an amendment to the Budget Act of 2021 (Stats. 2021, ch. 240, § 80)
in June 2022 allocated an additional $545 million to the California Department of Water
Resources (DWR) to deliver grants for drought relief to urban communities; and
WHEREAS, in October 2022, DWR issued the Guidelines and Proposal
Solicitation Package establishing the processes, procedures, and criteria that DWR will
2 of 3
use to implement the Urban Community Drought Relief Grant Program (Program); and
WHEREAS, grants awarded under the Program are intended to provide water to
communities that face the loss or contamination of their water supplies, to address
immediate impacts on human health and safety, to secure the future of California’s water
supply, and to protect fish and wildlife resources; and
WHEREAS, the Project being proposed fits the criteria of the Program, as it will
reduce outdoor water demand and, thereby, increase available potable water supplies for
the City; and
WHEREAS, DPU intends to apply for grant funding from DWR for the Project; and
WHEREAS, the City has the legal authority and is authorized to enter into a funding
agreement with the State of California.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as
follows:
1. That pursuant and subject to all of the terms and provisions of Budget Act
of 2021 (Stats. 2021, ch. 240, §80) as amended (Stats. 2022, ch. 44, §25), the City of
Fresno Director of Public Utilities or designee is hereby authorized and directed to prepare
and file an application for funding with the Department of Water Resources for the
Expanded Lawn to Garden Water Conservation Rebate Program, and take such other
actions as necessary or appropriate to obtain grant funding.
2. The City of Fresno Director of Public Utilities or designee is hereby
authorized and directed to execute the funding agreement, subject to approval as to form
by the City Attorney’s Office, with the Department of Water Resources and any
amendments thereto.
3 of 3
3. The City of Fresno Director of Public Utilities or designee is hereby
authorized and directed to submit any required documents, invoices, and reports required
to obtain grant funding.
4. This resolution shall be effective upon final approval.
STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss.
CITY OF FRESNO )
I, TODD STERMER, City Clerk of the City of Fresno, certify that the foregoing
resolution was adopted by the Council of the City of Fresno, at a regular meeting held on
the day of 2023.
AYES :
NOES :
ABSENT :
ABSTAIN :
Mayor Approval: , 2023
Mayor Approval/No Return: , 2023
Mayor Veto: , 2023
Council Override Vote: , 2023
TODD STERMER, CMC
City Clerk
By:
Deputy Date
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By:
Jennifer M. Quintanilla Date
Senior Deputy City Attorney
GRANT AGREEMENT BETWEEN THE STATE OF CALIFORNIA
DEPARTMENT OF WATER RESOURCES) AND
GRANTEE NAME>
AGREEMENT NUMBER <SAP AGREEMENT NUMBER>
URBAN COMMUNITY DROUGHT RELIEF GRANT
THIS GRANT AGREEMENT is entered into by and between the Department of Water Resources of the State
of California, herein referred to as the "State" or “DWR,” and the <insert Grantee Name>, a <select
appropriate descriptor and delete others: public agency, non-profit, etc.> in the State of California, duly
organized, existing, and acting pursuant to the laws thereof, herein referred to as the "Grantee," which parties
do hereby agree as follows:
1) PURPOSE. The State shall provide funding from the Budget Act of 2021, as amended (Stats. 2022, ch.
44, § 25) to the Grantee to assist in financing the Project.
2) TERM OF GRANT AGREEMENT. The term of this Grant Agreement begins on July 1, 2022, and ends
three (3) years following the final payment unless otherwise terminated or amended as provided in this
Grant Agreement. However, all work shall be completed by <insert the last project completion date based
on schedule>, in accordance with the Schedule as set forth in Exhibit C and no funds may be requested
after <insert date 3 months after the last project work is scheduled to be completed>.
3) GRANT AMOUNT. The maximum amount payable by the State under this Grant Agreement shall not
exceed $<INSERT AMOUNT>. Any additional costs are the responsibility of the Grantee.
4) GRANTEE REQUIRED COST SHARE. The Grantee is required to provide a local cost share (non-State
funds) in the amount of $<INSERT AMOUNT>, as set forth in Exhibit B (Budget). Required Cost Share
must be for Eligible Project Costs directly related to the Project as set forth in Exhibit A (Work Plan),
incurred after June 30, 2022.
5) BASIC CONDITIONS.
A. The State shall have no obligation to disburse money for the Project(s) under this Grant Agreement
until the Grantee has satisfied the following conditions (if applicable):
i. The Grantee shall demonstrate compliance with all eligibility criteria as set forth of the 2022 Urban
Community Drought Relief Grant Program Guidelines and Proposal Solicitation Package (2022
Guidelines).
ii. For the term of this Agreement, the Grantee shall submit Quarterly Progress Reports which must
accompany an invoice and all invoice backup documentation . The Quarterly Progress Report shall
be submitted within 60 days following the end of the calendar quarter (i.e., reports due May 30,
August 29, November 29, and March 1) and all other deliverables as required by Paragraph 11,
Submission of Reports” and Exhibit A, “Work Plan”.
iii. Prior to the commencement of construction or implementation activities, if applicable, the Grantee
shall submit the following to the State.
1. Final plans and specifications certified, signed and stamped by a California Registered Civil
Engineer (or equivalent registered professional as appropriate) to certify compliance for each
approved project as listed in Exhibit A of this Grant Agreement.
2. Work that is subject to the California Environmental Quality Act (CEQA) (including final land
purchases) shall not proceed under this Grant Agreement until the following actions are
performed:
a) The Grantee submits to the State all applicable environmental permits, as indicated on the
Environmental Information Form to the State,
b) Documents that satisfy the CEQA process are received by the State, and
Grant Agreement No. <46000XXXXX>
Page 2 of 39
c) The Grantee receives written notification from the State of concurrence with the Lead
Agency’s CEQA documents (s) and State’s notice of verification of environmental permit
submittal.
The State’s concurrence of Lead Agency’s CEQA documents is fully discretionary and shall constitute
a condition precedent to any work (i.e., construction or implementation activities) for which it is
required. Once CEQA documentation has been completed, the State will consider the environmental
documents and decide whether to continue to fund the project, or to require changes, alterations, or
other mitigation. Proceeding with work subject to CEQA prior to the State’s concurrence shall
constitute a material breach of this Agreement. The Grantee or Local Project Sponsor (LPS) shall
also demonstrate that it has complied with all applicable requirements of the National Environmental
Policy Act (NEPA) by submitting copies of any environmental documents, including Environmental
Impact Statements, Finding of No Significant Impact, mitigation monitoring programs, and
environmental permits as may be required prior to beginning construction/ implementation.
iv. A monitoring plan as required by Paragraph 14, “Monitoring Plan Requirements,” if applicable.
6) DISBURSEMENT OF FUNDS. The State will disburse to the Grantee the amount approved, subject to the
availability of funds through normal State processes. Notwithstanding any other provision of this Grant
Agreement, no disbursement shall be required at any time or in any manner which is in violation of, or in
conflict with, federal or state laws, rules, or regulations. Any and all money disbursed to the Grantee under
this Grant Agreement shall be deposited in a non-interest-bearing account and shall be used solely to pay
Eligible Project Costs.
7) ELIGIBLE PROJECT COST. The Grantee shall apply State funds received only to Eligible Project Costs in
accordance with applicable provisions of the law and Exhibit B, “Budget”. Eligible Project Costs include the
reasonable costs of studies, engineering, design, land and easement acquisition and associated legal
fees, preparation of environmental documentation, environmental mitigations, monitoring, and project
construction. Reimbursable administrative expenses are the necessary costs incidental but directly related
to the Project included in this Agreement. Costs incurred after June 30, 2022, may be eligible for
reimbursement.
Costs that are not eligible for reimbursement include, but are not limited to, the following items:
A. Costs, other than those noted above, incurred prior to July 1, 2022.
B. Costs for preparing and filing a grant application.
C. Purchase of equipment that is not an integral part of a project.
D. Establishing a reserve fund.
E. Purchase of water supply.
F. Replacement of existing funding sources (e.g., bridge loans).
G. Meals, food items, or refreshments.
H. Payment of any punitive regulatory agency requirement, federal or state taxes.
I. Purchase of land in excess of the minimum required acreage necessary to operate as an integral part
of a project, as set forth and detailed by engineering and feasibility studies, or acquisition of land by
eminent domain.
J. Overhead and Indirect Costs. “Indirect Costs” means those costs that are incurred for a common or
joint purpose benefiting more than one cost objective and are not readily assignable to the funded
project (i.e., costs that are not directly related to the funded project). Examples of Indirect Costs
include, but are not limited to: central service costs; general administration of the Grantee or LPSs;
non-project-specific accounting and personnel services performed within the Grantee’s or LPS’
Grant Agreement No. <46000XXXXX>
Page 3 of 39
organization; depreciation or use allowances on buildings and equipment; the costs of operating and
maintaining non-project-specific facilities; tuition and conference fees; forums, trainings, and seminars;
and, generic overhead or markup. This prohibition applies to the Grantee, LPSs, and any subcontract
or sub-agreement for work on the Project that will be reimbursed pursuant to this Agreement.
K. Mitigation for environmental impacts not resulting from implementation of a project funded by this
Agreement. Costs incurred as part of any necessary response and cleanup activities required under
the Comprehensive Environmental Response, Compensation, and Liability Act; Resource
Conservation and Recovery Act; Hazardous Substances Account Act; or other applicable law.
8)METHOD OF PAYMENT. After the disbursement requirements in Paragraph 5, “Basic Conditions” are
met, the State will disburse the whole or portions of State funding to the Grantee, following receipt from
the Grantee of an electronic invoice certified and transmitted via electronic/digital signature system (e.g.,
DocuSign) or via US mail or Express mail delivery of a “wet signature” for costs incurred, including Local
Cost Share, and timely Quarterly Progress Reports as required by Paragraph 12, “Submission of
Reports.” Payment will be made no more frequently than <choose one: quarterly/monthly>, in arrears,
upon receipt of an invoice bearing the Grant Agreement number. Quarterly Progress Report must
accompany an invoice and shall be submitted within 60 days following the end of the calendar quarter
i.e., invoices due May 30, August 29, November 29, and March 1). The State will notify the Grantee, in a
timely manner, whenever, upon review of an invoice, the State determines that any portion or portions of
the costs claimed are not eligible costs or is not supported by documentation or receipts acceptable to the
State. The Grantee may, within thirty (30) calendar days of the date of receipt of such notice, submit
additional documentation to the State to cure such deficiency(ies). If the Grantee fails to submit adequate
documentation curing the deficiency(ies), the State will adjust the pending invoice by the amount of
ineligible or unapproved costs.
Invoices submitted by the Grantee shall include the following information:
A. Costs incurred for work performed in implementing the Project during the period identified in the
particular invoice.
B. Costs incurred for any interests in real property (land or easements) that have been necessarily
acquired for a project during the period identified in the particular invoice for the implementation of a
project.
C. Invoices shall be submitted on forms provided by the State and shall meet the following format
requirements:
i. Invoices shall contain the date of the invoice, either the time period covered by the invoice or the
invoice date received within the time period covered, and the total amount due.
ii. Invoices shall be itemized based on the categories (i.e., tasks) specified in Exhibit B, “Budget.” The
amount claimed for salaries/wages/consultant fees shall include a calculation formula (i.e., hours
or days worked times the hourly or daily rate = the total amount claimed).
iii. One set of sufficient evidence (i.e., receipts, copies of checks, personnel hours’ summary table,
time sheets) shall be provided for all costs included in the invoice.
iv. Each invoice shall clearly delineate those costs claimed for reimbursement from the State’s
funding amount, as depicted in Paragraph 3, “Grant Amount”.
v. Original signature and date of the Grantee’s Project Representative. Submit an electronic invoice,
certified and transmitted via electronic/digital signature system (e.g., DocuSign), from authorized
representative to the Project Manager or the original “wet signature” copy of the invoice form to the
Project Manager at the following address: <Insert appropriate address>.
All invoices submitted shall be accurate and signed under penalty of law. Any and all costs submitted
pursuant to this Agreement shall only be for the tasks set forth herein. The Grantee shall not submit any
Grant Agreement No. <46000XXXXX>
Page 4 of 39
invoice containing costs that are ineligible or have been reimbursed from other funding sources unless
required and specifically noted as such (i.e., cost share). Any eligible costs for which the Grantee is
seeking reimbursement shall not be reimbursed from any other source. Double or multiple billing for time,
services, or any other eligible cost is illegal and constitutes fraud. Any suspected occurrences of fraud,
forgery, embezzlement, theft, or any other misuse of public funds may result in suspension of
disbursements of grant funds and/or termination of this Agreement requiring the repayment of all funds
disbursed hereunder plus interest. Additionally, the State may request an audit pursuant to Standard
Condition Paragraph D.5 and refer the matter to the Attorney General’s Office or the appropriate district
attorney’s office for criminal prosecution or the imposition of civil liability. (Civ. Code, §§ 1572-1573; Pen.
Code, §§ 470, 487-489.)
9) WITHHOLDING OF DISBURSEMENTS BY THE STATE. If the State determines that a project is not
being implemented in accordance with the provisions of this Grant Agreement, or that the Grantee has
failed in any other respect to comply with the provisions of this Grant Agreement, and if the Grantee does
not remedy any such failure to the State’s satisfaction, the State may withhold from the Grantee all or any
portion of the State funding and take any other action that it deems necessary to protect its interests.
Where a portion of the State funding has been disbursed to the Grantee and the State notifies the Grantee
of its decision not to release funds that have been withheld pursuant to Paragraph 10, “Default
Provisions,” the portion that has been disbursed shall thereafter be repaid immediately at the time the
State notifies the Grantee, as directed by the State. The State may consider the Grantee’s refusal to repay
the requested disbursed amount a material breach subject to the default provisions in Paragraph 10,
Default Provisions.” If the State notifies the Grantee of its decision to withhold the entire funding amount
from the Grantee pursuant to this Paragraph, this Grant Agreement shall terminate upon receipt of such
notice by the Grantee and the State shall no longer be required to provide funds under this Grant
Agreement and the Grant Agreement shall no longer be binding on either party.
10)DEFAULT PROVISIONS. The Grantee shall be in default under this Grant Agreement if any of the
following occur:
A. Substantial breaches of this Grant Agreement, or any supplement or amendment to it, or any other
agreement between the Grantee and the State evidencing or securing the Grantee’s obligations;
B. Making any false warranty, representation, or statement with respect to this Grant Agreement or the
application filed to obtain this Grant Agreement;
C. Failure to operate or maintain the Project in accordance with this Grant Agreement.
D. Failure to make any remittance required by this Grant Agreement, including any remittance
recommended as the result of an audit conducted pursuant to Standard Condition Paragraph D.5.
E. Failure to submit quarterly progress reports pursuant to Paragraph 5.
F. Failure to routinely invoice the State pursuant to Paragraph 8.
G. Failure to meet any of the requirements set forth in Paragraph 11, “Continuing Eligibility.”
Should an event of default occur, the State shall provide a notice of default to the Grantee and shall give
the Grantee at least ten (10) calendar days to cure the default from the date the notice is sent via first-
class mail to the Grantee. If the Grantee fails to cure the default within the time prescribed by the State,
the State may do any of the following:
A. Declare the funding be immediately repaid.
B. Terminate any obligation to make future payments to the Grantee.
C. Terminate the Grant Agreement.
D. Take any other action that it deems necessary to protect its interests.
Grant Agreement No. <46000XXXXX>
Page 5 of 39
In the event the State finds it necessary to enforce this provision of this Grant Agreement in the manner
provided by law, the Grantee agrees to pay all costs incurred by the State including, but not limited to,
reasonable attorneys' fees, legal expenses, and costs.
11)CONTINUING ELIGIBILITY. The Grantee shall meet the following ongoing requirement(s) and all eligibility
criteria outlined in the 2022 Guidelines to remain eligible to receive State funds:
A. An urban water supplier that receives grant funds pursuant to this Agreement shall maintain
compliance with the Urban Water Management Planning Act (UWMP; Wat. Code, § 10610 et seq.)
and Sustainable Water Use and Demand Reduction (Wat. Code, § 10608 et seq.) as set forth on page
21 of the 2022 Guidelines and Proposal Solicitation Package.
B. An agricultural water supplier receiving grant funds shall comply with Sustainable Water Use and
Demand Reduction requirements outlined in Water Code section 10608, et seq. and have their
Agricultural Water Management Plan (AWMP) deemed consistent by DWR. To maintain eligibility and
continue funding disbursements, an agricultural water supply shall have their 2021 AWMP identified
on the State’s website. For more information, visit the website listed in the 2022 Guidelines and
Proposal Solicitation Package.
C. A surface water diverter receiving grant funds shall maintain compliance with diversion reporting
requirements as outlined in Water Code section 5100 et. seq.
D. If applicable, the Grantee shall demonstrate compliance with the Sustainable Groundwater
Management Act (SGMA) as set forth in the 2022 Guidelines and Proposal Solicitation Package.
E. If the Grantee has been designated as a monitoring entity under the California Statewide Groundwater
Elevation Monitoring (CASGEM) Program, the Grantee shall maintain reporting compliance, as
required by Water Code section 10932 and the CASGEM Program. Alternatively, if the Grantee has
submitted a Groundwater Sustainability Plan (GSP) or Alternative Plan pursuant to the GSP
Regulations (Cal. Code Regs., tit. 23, § 350 et seq.), groundwater level data must be submitted
through the SGMA Portal at: https://sgma.water.ca.gov/portal/.
F. The Grantee shall adhere to the protocols developed pursuant to The Open and Transparent Water
Data Act (Wat. Code, § 12406, et seq.) for data sharing, transparency, documentation, and quality
control.
G. On March 4, 2022, the Governor issued Executive Order N-6-22 (the EO) regarding Economic
Sanctions against Russia and Russian entities and individuals. The EO may be found at:
https://www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia-Ukraine-Executive-Order.pdf.
Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s
actions in Ukraine, as well as any sanctions imposed under State law. The EO directs DWR to
terminate funding agreements with, and to refrain from entering any new agreements with, individuals
or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State
determine that the Grantee is a target of Economic Sanctions or is conducting prohibited transactions
with sanctioned individuals or entities, that shall be grounds for termination of this Agreement. The
State shall provide the Grantee advance written notice of such termination, allowing the Grantee at
least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the
State.
12)SUBMISSION OF REPORTS. The submittal and approval of all reports is a requirement for the successful
completion of this Grant Agreement. Reports shall meet generally accepted professional standards for
technical reporting and shall be proofread for content, numerical accuracy, spelling, and grammar prior to
submittal to the State. All reports shall be submitted to the State’s Project Manager and shall be submitted
via the DWR “Grant Review and Tracking System” (GRanTS). If requested, the Grantee shall promptly
provide any additional information deemed necessary by the State for the approval of reports. Reports
shall be presented in the formats described in the applicable portion of Exhibit F, “Report Formats and
Requirements.” The timely submittal of reports is a requirement for initial and continued disbursement of
Grant Agreement No. <46000XXXXX>
Page 6 of 39
State funds. Submittal and subsequent approval by the State of a Project Completion Report is a
requirement for the release of any funds retained for such project.
A. Quarterly Progress Reports: The Grantee shall submit quarterly Progress Reports to meet the State’s
requirement for disbursement of funds. Progress Reports shall be uploaded via GRanTS, and the
State’s Project Manager notified of upload. Progress Reports shall, in part, provide a brief description
of the work performed, the Grantee’s activities, milestones achieved, any accomplishments and any
problems encountered in the performance of the work under this Grant Agreement during the reporting
period. The first Progress Report must accompany an invoice ($0 Invoices are acceptable) and shall
be submitted within 60 days following the end of the calendar quarter (i.e., invoices due May 30,
August 29, November 29, and March 1).
B. Project Completion Report: The Grantee shall prepare and submit to the State a separate Project
Completion Report for each project included in Exhibit A. The Grantee shall submit a Project
Completion Report (or a Component Completion Report, if a Project has multiple Components) within
ninety (90) calendar days of Project/Component completion as outlined in Exhibit F.
C. Grant Completion Report: Upon completion of all the Projects included in Exhibit A, the Grantee shall
submit to the State a Grant Completion Report. The Grant Completion Report shall be submitted
within ninety (90) calendar days of submitting the Completion Report for the final project to be
completed under this Grant Agreement, as outlined in Exhibits A and F. Retention for any grant
administration line items in the Budget of this Grant Agreement will not be disbursed until the Grant
Completion Report is approved by the State.
D. Post-Performance Reports: The Grantee shall prepare and submit to the State Post-Performance
Reports for the applicable project(s). Post-Performance Reports shall be submitted to the State within
ninety (90) calendar days after the first operational year of a project has elapsed. This record keeping
and reporting process shall be repeated annually for a total of three (3) years after the project begins
operation.
13)OPERATION AND MAINTENANCE OF PROJECT. For the useful life of construction and implementation
projects and in consideration of the funding made by the State, the Grantee agrees to ensure or cause to
be performed the commencement and continued operation of the project, and shall ensure or cause the
project to be operated in an efficient and economical manner; shall ensure all repairs, renewals, and
replacements necessary to the efficient operation of the same are provided; and shall ensure or cause the
same to be maintained in as good and efficient condition as upon its construction, ordinary and
reasonable wear and depreciation excepted. The State shall not be liable for any cost of such
maintenance, management, or operation. The Grantee or their successors may, with the written approval
of the State, transfer this responsibility to use, manage, and maintain the property. For purposes of this
Grant Agreement, “useful life” means period during which an asset, property, or activity is expected to be
usable for the purpose it was acquired or implemented; “operation costs” include direct costs incurred for
material and labor needed for operations, utilities, insurance, and similar expenses, and “maintenance
costs” include ordinary repairs and replacements of a recurring nature necessary for capital assets and
basic structures and the expenditure of funds necessary to replace or reconstruct capital assets or basic
structures. Refusal by the Grantee to ensure operation and maintenance of the projects in accordance
with this provision may, at the option of the State, be considered a breach of this Grant Agreement and
may be treated as default under Paragraph 9, “Default Provisions.”
14)MONITORING PLAN REQUIREMENTS. A Monitoring Plan shall be submitted to the State prior to
disbursement of State funds for construction or monitoring activities. The Monitoring Plan should
incorporate Post-Performance Monitoring Report requirements as defined and listed in Exhibit F, and
follow the guidance provided in Exhibit L, “Project Monitoring Plan Guidance.”
15)NOTIFICATION OF STATE. The Grantee shall promptly notify the State, in writing, of the following items:
A. Events or proposed changes that could affect the scope, budget, or work performed under this Grant
Agreement. The Grantee agrees that no substantial change in the scope of a project will be
Grant Agreement No. <46000XXXXX>
Page 7 of 39
undertaken until written notice of the proposed change has been provided to the State and the State
has given written approval for such change. Substantial changes generally include changes to the
scope of work, schedule or term, and budget.
B. Any public or media event publicizing the accomplishments and/or results of this Grant Agreement and
provide the opportunity for attendance and participation by the State’s representatives. The Grantee
shall make such notification at least fourteen (14) calendar days prior to the event.
C. Discovery of any potential archaeological or historical resource. Should a potential archaeological or
historical resource be discovered during construction, the Grantee agrees that all work in the area of
the find shall cease until a qualified archaeologist has evaluated the situation and made
recommendations regarding preservation of the resource, and the State has determined what actions
should be taken to protect and preserve the resource. The Grantee agrees to implement appropriate
actions as directed by the State.
D. The initiation of any litigation or the threat of litigation against the Grantee or an LPS regarding the
Project or which may affect the Project in any way.
E. Applicable to construction projects only: Final inspection of the completed work on a project by a
Registered Professional (Civil Engineer, Engineering Geologist, or other State approved
certified/licensed Professional), in accordance with Exhibit D. The Grantee shall notify the State’s
Project Manager of the inspection date at least fourteen (14) calendar days prior to the inspection in
order to provide the State the opportunity to participate in the inspection.
16)NOTICES. Any notice, demand, request, consent, or approval that either party desires or is required to
give to the other party under this Grant Agreement shall be in writing. Notices may be transmitted by any
of the following means:
A. By delivery in person.
B. By certified U.S. mail, return receipt requested, postage prepaid.
C. By “overnight” delivery service; provided that next-business-day delivery is requested by the sender.
D. By electronic means.
E. Notices delivered in person will be deemed effective immediately on receipt (or refusal of delivery or
receipt). Notices sent by certified mail will be deemed effective given ten (10) calendar days after the
date deposited with the U.S. Postal Service. Notices sent by overnight delivery service will be deemed
effective one business day after the date deposited with the delivery service. Notices sent
electronically will be effective on the date of transmission, which is documented in writing. Notices
shall be sent to the addresses listed below. Either party may, by written notice to the other, designate
a different address that shall be substituted for the one below.
17)PERFORMANCE EVALUATION. Upon completion of this Grant Agreement, the Grantee’s performance
will be evaluated by the State and a copy of the evaluation will be placed in the State file and a copy sent
to the Grantee.
18)PROJECT REPRESENTATIVES. The Project Representatives during the term of this Grant Agreement
are as follows:
Department of Water Resources <Grantee agency/company Name>
Arthur Hinojosa
Manager, Division of Regional Assistance
P.O. Box 942836
Sacramento, CA 94236
Phone: (916) 653-4736
Grantee Project Representative Name>
Title>
Mailing address line 1>
Mailing address line 2>
Phone: (###) ###-####
Grant Agreement No. <46000XXXXX>
Page 8 of 39
Email: Arthur.Hinojosa@water.ca.gov Email:
Direct all inquiries to the Project Manager:
Department of Water Resources <Grantee agency/company Name>
DWR Project Manager Name>
Title>
Mailing address line 1>
Mailing address line 2>
Phone: (###) ###-####
Email:
Grantee Project Manager Name>
Title>
Mailing address line 1>
Mailing address line 2>
Phone: (###) ###-####
Email:
Either party may change its Project Representative or Project Manager upon written notice to the other
party.
19)STANDARD PROVISIONS. This Grant Agreement is complete and is the final Agreement between the
parties. The following Exhibits are attached and made a part of this Grant Agreement by this reference:
Exhibit A – Work Plan
Exhibit B – Budget
Exhibit C – Schedule
Exhibit D – Standard Conditions
Exhibit E – Authorizing Resolution
Exhibit F – Report Formats and Requirements
Exhibit G – Requirements for Data Submittal
Exhibit H – State Audit Document Requirements and Cost Share Guidelines for the Grantee
Exhibit I – Local Project Sponsors and Project Locations
Exhibit J – Appraisal Specifications
Exhibit K – Information Needed for Escrow Processing and Closure
Exhibit L – Project Monitoring Plan Guidance
Exhibit M – Invoice Guidance for Administrative and Overhead Charges
Grant Agreement No. <46000XXXXX>
Page 9 of 39
IN WITNESS WHEREOF, the parties hereto have executed this Grant Agreement.
STATE OF CALIFORNIA
DEPARTMENT OF WATER RESOURCES
INSERT GRANTEE NAME>
Arthur Hinojosa
Manager, Division of Regional Assistance
S
Grantee Project Representative Name>
Title>
Date Date ____________________________
Grant Agreement No. <46000XXXXX>
Page 10 of 39
EXHIBIT A
WORK PLAN (or copy their work plan into this item)
NOTE: These are instructions – not to be included in final agreement:
The Work Plan shall contain the following items:
x For each project, a concise description of each task needed to complete the project.
x Grant reporting tasks including the submittal of Quarterly Progress Reports, Invoices, and Final
Reports.
x A Project Performance Monitoring Plan for the project(s). Project Performance Monitoring Plan
requirements are discussed below.
x A discussion of the status of acquisition of land or rights-of-way. If land and/or easement acquisition is
not applicable, state as such.
x A listing of all anticipated permits
x If environmental compliance efforts have not been completed, include tasks for environmental
compliance. Include any environmental mitigation or enhancement actions or tasks necessary to
comply with recommended mitigation measures.
x Necessary plans and specifications.
Grant Agreement No. <46000XXXXX>
Page 11 of 39
Grant Administration
IMPLEMENTING AGENCY: <GRANTEE> (Grantee)
PROJECT DESCRIPTION:The Grantee will administer these funds and respond to DWR’s reporting and
compliance requirements associated with the grant administration. This Grantee will act in a coordination role:
disseminating grant compliance information to the project managers responsible for implementing the projects
contained in this Agreement, obtaining and retaining evidence of compliance (e.g., CEQA/NEPA documents,
reports, monitoring compliance documents, labor requirements, etc.), obtaining data for progress reports from
individual project managers, assembling and submitting progress reports to the State, and coordinating all
invoicing and payment of invoices.
Budget Category (a): Project Administration
Task 1: Agreement Administration
The Grantee will respond to DWR’s reporting and compliance requirements associated with the grant
administration and will coordinate with the project managers responsible for implementing the projects
contained in this Agreement.
Task 2: Invoicing
The Grantee will be responsible for compiling invoices for submittal to DWR. This includes collecting
invoice documentation from each of the Local Project Sponsors and compiling the information into a DWR
Invoice Packet.
Deliverables:
x Quarterly Invoices and associated backup documentation
Task 3: Reporting
The Grantee will be responsible for compiling progress reports for submittal to DWR. The Grantee will
coordinate with Local Project Sponsor staff to retain consultants as needed to prepare and submit
progress reports and final project completion reports for each project, as well as the grant completion
report.
Reports will meet generally accepted professional standards for technical reporting and the requirements
terms of the contract with DWR outlined in Exhibit F of this Agreement.
Deliverables:
x Quarterly Progress Reports
x Grant Completion Report
Grant Agreement No. <46000XXXXX>
Page 12 of 39
PROJECT X: <Awarded Project Name> (as an example purpose only, not specific)
IMPLEMENTING AGENCY: <Agency Name / Local Project Sponsor Name>
PROJECT DESCRIPTION: <Brief Description of work that will be done, where, and the quantitative benefits
that will be provided.>
Budget Category (a): Project Administration (if applicable) Instruction: If not applicable, it should say “Not
applicable”
Task 1: Project Management
Manage Grant Agreement including compliance with grant requirements, and preparation and submission of
supporting grant documents. Prepare invoices including relevant supporting documentation for submittal to
DWR via the Grantee. This task also includes administrative responsibilities associated with the project such
as coordinating with partnering agencies and managing consultants/contractors.
Deliverables:
x Invoices and associated backup documentation
Task 2: Reporting
Prepare progress reports detailing work completed during reporting period as outlined in Exhibit F of this
Agreement. Submit reports to DWR.
Prepare Project Completion Report and submit to DWR no later than 90 days after project completion for
DWR Project Manager’s comment and review. The report shall be prepared and presented in accordance with
guidance as outlined in Exhibit F.
Deliverables:
x Quarterly Project Progress Reports
x Project Completion Report
x Documentation (e.g., photo) of “Acknowledgment of Credit & Signage” per Standard Condition D.2
Budget Category (b): Land Purchase/Easement (if applicable) Instruction: If not applicable, it should say
Not applicable”
Task 3: Land Purchase
Approximate area of land to be purchased or easement(s) to be acquired. {Add applicable detail }
Deliverables:
x Documentation supporting property value (if purchased)
x All relevant documentation regarding property ownership transfer or acquisition of easement
including final recorded deed, title report, etc.
Budget Category (c): Planning/Design/Engineering/Environmental Documentation Instruction: If not
applicable, it should say “Not applicable”
Task 4: Feasibility Studies
Project Feasibility Studies were completed as part of the project development process. <Add applicable
detail>
Deliverables:
Grant Agreement No. <46000XXXXX>
Page 13 of 39
x Relevant Feasibility Studies
Task 5: CEQA Documentation
Instruction: Please use the first example if your project has not yet completed CEQA. Please include NEPA
compliance in this section, if applicable.
Complete environmental review pursuant to CEQA. Prepare all necessary environmental documentation.
Prepare letter stating no legal challenges (or addressing legal challenges).
Or
A <NOE/MND/EIR> was filed for this project with the <enter Office of Planning and Research and/or County>
in <Month Year>. Prepare letter stating no legal challenges (or addressing legal challenges).
Deliverables:
x All completed CEQA documents as required
x Legal Challenges Letter
Task 6: Permitting
The following permits have been acquired for this project: <Insert description>. The following permits are
anticipated to be acquired for this project:<Insert description>
Deliverables:
x Permits as required
Task 7: Design
Insert description.>
Deliverables:
x Basis of Design Report
x 100% Design Plans and Specifications
Task 8: Project Monitoring Plan
Develop and submit a Project Monitoring Plan per Paragraph 13 for DWR’s review and approval.
Deliverables:
x Project Monitoring Plan
Budget Category (d): Construction/Implementation
Task 9: Contract Services
This task must comply with the Standard Condition D.10 – Competitive Bidding and Procurements. Activities
necessary (as applicable) to secure a contractor and award the contract, including: develop bid documents,
prepare advertisement and contract documents for construction contract bidding, conduct pre-bid meeting, bid
opening and evaluation, selection of the contractor, award of contract, and issuance of notice to proceed.
Add applicable detail>
Deliverables:
x Bid Documents
Grant Agreement No. <46000XXXXX>
Page 14 of 39
x Proof of Advertisement
x Award of Contract
x Notice to Proceed
Task 10: Construction Administration
This task includes managing contractor submittal review, answering requests for information, and issuing
work directives. A full-time engineering construction observer will be on site for the duration of the project.
Construction observer duties include documenting of pre-construction conditions, daily construction diary,
preparing change orders, addressing questions of contractors on site, reviewing/ updating project schedule,
reviewing contractor log submittals and pay requests, forecasting cash flow, notifying contractor if work is not
acceptable. Upon completing the project, the DWR Certificate of Project Completion and record drawings will
be provided to DWR. <Add applicable detail>
Deliverables:
x DWR Certificate of Project Completion
x Record Drawings
Task 11: Construction
Construction activities are outlined below.
11(a): Mobilization and Demobilization <Add applicable detail>
11(b): Site preparation will include <Add applicable detail>
11(c): Install, construct, excavate <Add applicable detail>
11(d): Improve <Add applicable detail>
Deliverables:
xx Photographic Documentation of Progress
Grant Agreement No. <46000XXXXX>
Page 15 of 39
EXHIBIT B
BUDGET
Budget Tables provide examples as an outline of the format that may be submitted for this grant program.
The budget shall be consistent with the work plan and schedule.
AGREEMENT BUDGET SUMMARY
PROJECTS Grant Amount Required
Cost Share
All Other
Cost*
Total Cost
Grant Administration $0 $0 $0 $0
1 Project 1: <Title> $0 $0 $0 $0
X Project X: <Title>$0 $0 $0 $0
GRAND TOTAL $0 $0 $0 $0
List sources of All Other Cost, including other State Fund Sources.
Grant Agreement No. <46000XXXXX>
Page 16 of 39
Grant Administration
Implementing Agency:
BUDGET CATEGORY Grant Amount Required
Cost Share
All Other Cost* Total Cost
a)Project Administration $0 $0 $0 $0
TOTAL COSTS $0 $0 $0 $0
NOTES:
List sources of All Other Cost, including other State Fund Sources.
PROJECT X: <Project X Name>
Implementing Agency:
BUDGET CATEGORY Grant Amount Required
Cost Share
All Other Cost*Total Cost
a)Project Administration $0 $0 $0 $0
b)Land Purchase / Easement $0 $0 $0 $0
c)Planning / Design / Engineering /
Environmental Documentation $0 $0 $0 $0
d)Construction / Implementation $0 $0 $0 $0
TOTAL COSTS $0 $0 $0 $0
NOTES:
List sources of All Other Cost, including other State Fund Sources.
Grant Agreement No. <46000XXXXX>
Page 17 of 39
EXHIBIT C
SCHEDULE
Project Schedule Table is an example that provides an outline of the format for a schedule that may be
submitted for this grant program. The schedule must be consistent with the work plan and budget.
Grant Administration
BUDGET CATEGORY Start Date End Date
a Project Administration MM/DD/YYYY MM/DD/YYYY
PROJECT X: <Project X Name>
BUDGET CATEGORY Start Date End Date
a Project Administration MM/DD/YYYY MM/DD/YYYY
b Land Purchase / Easement MM/DD/YYYY MM/DD/YYYY
c Planning / Design / Engineering / Environmental Documentation MM/DD/YYYY MM/DD/YYYY
d Construction / Implementation MM/DD/YYYY MM/DD/YYYY
Add footnote if needed to explain any overlap of construction with Category c or d>
Grant Agreement No. <46000XXXXX>
Page 18 of 39
EXHIBIT D
STANDARD CONDITIONS
D.1.ACCOUNTING AND DEPOSIT OF FUNDING DISBURSEMENT:
A. Separate Accounting of Funding Disbursements: Grantee shall account for the money disbursed
pursuant to this Funding Agreement separately from all other Grantee funds. Grantee shall
maintain audit and accounting procedures that are in accordance with generally accepted
accounting principles and practices, consistently applied. Grantee shall keep complete and
accurate records of all receipts and disbursements on expenditures of such funds. Grantee shall
require its contractors or subcontractors to maintain books, records, and other documents pertinent
to their work in accordance with generally accepted accounting principles and practices. Records
are subject to inspection by State at any and all reasonable times.
B. Disposition of Money Disbursed: All money disbursed pursuant to this Funding Agreement shall be
deposited in a non-interest-bearing account, administered, and accounted for pursuant to the
provisions of applicable law.
C. Remittance of Unexpended Funds: Grantee shall remit to State any unexpended funds that were
disbursed to Grantee under this Funding Agreement and were not used to pay Eligible Project
Costs within a period of sixty (60) calendar days from the final disbursement from State to Grantee
of funds or, within thirty (30) calendar days of the expiration of the Funding Agreement, whichever
comes first.
D.2. ACKNOWLEDGEMENT OF CREDIT AND SIGNAGE: Grantee shall include appropriate
acknowledgement of credit to the State for its support when promoting the Project or using any data
and/or information developed under this Funding Agreement. Signage shall be posted in a prominent
location at Project site(s) (if applicable) or at the Grantee’s headquarters and shall include the
Department of Water Resources color logo and the following disclosure statement: “Funding for this
project has been provided in full or in part from the Budget Act of 2021 and through an agreement with
the State Department of Water Resources.” The Grantee shall also include in each of its contracts for
work under this Agreement a provision that incorporates the requirements stated within this
Paragraph.
D.3. AMENDMENT: This Funding Agreement may be amended at any time by mutual agreement of the
Parties, except insofar as any proposed amendments are in any way contrary to applicable law.
Requests by the Grantee for amendments must be in writing stating the amendment request and the
reason for the request. Requests solely for a time extension must be submitted at least 90 days prior
to the work completion date set forth in Paragraph 2. Any other request for an amendment must be
submitted at least 180 days prior to the work completion date set forth in Paragraph 2. State shall
have no obligation to agree to an amendment.
D.4. AMERICANS WITH DISABILITIES ACT: By signing this Funding Agreement, Grantee assures State
that it complies with the Americans with Disabilities Act (ADA) of 1990, (42 U.S.C. § 12101 et seq.),
which prohibits discrimination on the basis of disability, as well as all applicable regulations and
guidelines issued pursuant to the ADA.
D.5. AUDITS: State reserves the right to conduct an audit at any time between the execution of this
Funding Agreement and the completion of the Project, with the costs of such audit borne by State.
After completion of the Project, State may require Grantee to conduct a final audit to State’s
specifications, at Grantee’s expense, such audit to be conducted by and a report prepared by an
independent Certified Public Accountant. Failure or refusal by Grantee to comply with this provision
shall be considered a breach of this Funding Agreement, and State may elect to pursue any remedies
provided in Paragraph 9 or take any other action it deems necessary to protect its interests. The
Grantee agrees it shall return any audit disallowances to the State.
Grant Agreement No. <46000XXXXX>
Page 19 of 39
Pursuant to Government Code section 8546.7, the Grantee shall be subject to the examination and
audit by the State for a period of three (3) years after final payment under this Funding Agreement with
respect of all matters connected with this Funding Agreement, including but not limited to, the cost of
administering this Funding Agreement. All records of Grantee or its contractor or subcontractors shall
be preserved for this purpose for at least three (3) years after receipt of the final disbursement under
this Agreement.
D.6. BUDGET CONTINGENCY: If the Budget Act of the current year covered under this Funding
Agreement does not appropriate sufficient funds for this program, this Funding Agreement shall be of
no force and effect. This provision shall be construed as a condition precedent to the obligation of
State to make any payments under this Funding Agreement. In this event, State shall have no liability
to pay any funds whatsoever to Grantee or to furnish any other considerations under this Funding
Agreement and Grantee shall not be obligated to perform any provisions of this Funding Agreement.
Nothing in this Funding Agreement shall be construed to provide Grantee with a right of priority for
payment over any other Grantee. If funding for any fiscal year after the current year covered by this
Funding Agreement is reduced or deleted by the Budget Act, by Executive Order, or by order of the
Department of Finance, the State shall have the option to either cancel this Funding Agreement with
no liability occurring to State, or offer a Funding Agreement amendment to Grantee to reflect the
reduced amount.
D.7. CEQA: Activities funded under this Funding Agreement, regardless of funding source, must be in
compliance with the California Environmental Quality Act (CEQA). (Pub. Resources Code, § 21000 et
seq.) Any work that is subject to CEQA and funded under this Agreement shall not proceed until
documents that satisfy the CEQA process are received by the State’s Project Manager and the State
has completed its CEQA compliance. Work funded under this Agreement that is subject to a CEQA
document shall not proceed until and unless approved by the Department of Water Resources. Such
approval is fully discretionary and shall constitute a condition precedent to any work for which it is
required. If CEQA compliance by the Grantee is not complete at the time the State signs this
Agreement, once State has considered the environmental documents, it may decide to require
changes, alterations, or other mitigation to the Project; or to not fund the Project. Should the State
decide to not fund the Project, this Agreement shall be terminated in accordance with Paragraph 10.
D.8. CHILD SUPPORT COMPLIANCE ACT: The Grantee acknowledges in accordance with Public
Contract Code section 7110, that:
A. The Grantee recognizes the importance of child and family support obligations and shall fully
comply with all applicable state and federal laws relating to child and family support enforcement,
including, but not limited to, disclosure of information and compliance with earnings assignment
orders, as provided in Family Code section 5200 et seq.; and
B. The Grantee, to the best of its knowledge is fully complying with the earnings assignment orders of
all employees and is providing the names of all new employees to the New Hire Registry
maintained by the California Employment Development Department.
D.9. CLAIMS DISPUTE: Any claim that the Grantee may have regarding performance of this Agreement
including, but not limited to, claims for additional compensation or extension of time, shall be submitted
to the DWR Project Representative, within thirty (30) days of the Grantee’s knowledge of the claim.
State and Grantee shall then attempt to negotiate a resolution of such claim and process an
amendment to this Agreement to implement the terms of any such resolution.
D.10. COMPETITIVE BIDDING AND PROCUREMENTS: Grantee’s contracts with other entities for the
acquisition of goods and services and construction of public works with funds provided by State under
this Funding Agreement must be in writing and shall comply with all applicable laws and regulations
regarding the securing of competitive bids and undertaking competitive negotiations. If the Grantee
does not have a written policy to award contracts through a competitive bidding or sole source
process, the Department of General Services’ State Contracting Manual rules must be followed and
Grant Agreement No. <46000XXXXX>
Page 20 of 39
are available at: https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-
Resources-List-Folder/State-Contracting.
D.11. COMPUTER SOFTWARE: Grantee certifies that it has appropriate systems and controls in place to
ensure that state funds will not be used in the performance of this Funding Agreement for the
acquisition, operation, or maintenance of computer software in violation of copyright laws.
D.12. CONFLICT OF INTEREST: All participants are subject to State and Federal conflict of interest laws.
Failure to comply with these laws, including business and financial disclosure provisions, will result in
the application being rejected and any subsequent contract being declared void. Other legal action
may also be taken. Applicable statutes include, but are not limited to, Government Code section 1090
and Public Contract Code sections 10410 and 10411, for State conflict of interest requirements.
A. Current State Employees: No State officer or employee shall engage in any employment, activity,
or enterprise from which the officer or employee receives compensation or has a financial interest
and which is sponsored or funded by any State agency, unless the employment, activity, or
enterprise is required as a condition of regular State employment. No State officer or employee
shall contract on his or her own behalf as an independent contractor with any State agency to
provide goods or services.
B. Former State Employees: For the two-year period from the date he or she left State employment,
no former State officer or employee may enter into a contract in which he or she engaged in any of
the negotiations, transactions, planning, arrangements, or any part of the decision-making process
relevant to the contract while employed in any capacity by any State agency. For the twelve-month
period from the date he or she left State employment, no former State officer or employee may
enter into a contract with any State agency if he or she was employed by that State agency in a
policy-making position in the same general subject area as the proposed contract within the
twelve-month period prior to his or her leaving State service.
C. Employees of the Grantee: Employees of the Grantee shall comply with all applicable provisions of
law pertaining to conflicts of interest, including but not limited to any applicable conflict of interest
provisions of the California Political Reform Act. (Gov. Code, § 87100 et seq.)
D. Employees and Consultants to the Grantee: Individuals working on behalf of a Grantee may be
required by the Department to file a Statement of Economic Interests (Fair Political Practices
Commission Form 700) if it is determined that an individual is a consultant for Political Reform Act
purposes.
D.13. DELIVERY OF INFORMATION, REPORTS, AND DATA: Grantee agrees to expeditiously provide
throughout the term of this Funding Agreement, such reports, data, information, and certifications as
may be reasonably required by State.
D.14. DISPOSITION OF EQUIPMENT: Grantee shall provide to State, not less than 30 calendar days prior
to submission of the final invoice, an itemized inventory of equipment purchased with funds provided
by State. The inventory shall include all items with a current estimated fair market value of more than
5,000.00 per item. Within 60 calendar days of receipt of such inventory State shall provide Grantee
with a list of the items on the inventory that State will take title to. All other items shall become the
property of Grantee. State shall arrange for delivery from Grantee of items that it takes title to. Cost of
transportation, if any, shall be borne by State.
D.15. DRUG-FREE WORKPLACE CERTIFICATION: Certification of Compliance: By signing this Funding
Agreement, Grantee, its contractors or subcontractors hereby certify, under penalty of perjury under
the laws of State of California, compliance with the requirements of the Drug-Free Workplace Act of
1990 (Gov. Code, § 8350 et seq.) and have or will provide a drug-free workplace by taking the
following actions:
A. Publish a statement notifying employees, contractors, and subcontractors that unlawful
manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited
Grant Agreement No. <46000XXXXX>
Page 21 of 39
and specifying actions to be taken against employees, contractors, or subcontractors for violations,
as required by Government Code section 8355.
B. Establish a Drug-Free Awareness Program, as required by Government Code section 8355 to
inform employees, contractors, or subcontractors about all of the following:
i. The dangers of drug abuse in the workplace,
ii. Grantee’s policy of maintaining a drug-free workplace,
iii. Any available counseling, rehabilitation, and employee assistance programs, and
iv. Penalties that may be imposed upon employees, contractors, and subcontractors for drug
abuse violations.
C. Provide, as required by Government Code section 8355, that every employee, contractor, and/or
subcontractor who works under this Funding Agreement:
i. Will receive a copy of Grantee’s drug-free policy statement, and
ii. Will agree to abide by terms of Grantee’s condition of employment, contract or subcontract.
D.16. EASEMENTS: Where the Grantee acquires property in fee title or funds improvements to real property
using State funds provided through this Funding Agreement, an appropriate easement or other title
restriction providing for floodplain preservation and/or wildlife habitat conservation for the subject
property in perpetuity, approved by the State, shall be conveyed to a regulatory or trustee agency or
conservation group acceptable to the State. The easement or other title restriction must be in first
position ahead of any recorded mortgage or lien on the property unless this requirement is waived by
the State.
Where the Grantee acquires an easement under this Agreement, the Grantee agrees to monitor and
enforce the terms of the easement, unless the easement is subsequently transferred to another land
management or conservation organization or entity with State permission, at which time monitoring
and enforcement responsibilities will transfer to the new easement owner.
Failure to provide an easement or other title restriction acceptable to the State may result in
termination of this Agreement.
D.17. FINAL INSPECTIONS AND CERTIFICATION OF REGISTERED CIVIL ENGINEER: Upon completion
of the Project, Grantee shall provide for a final inspection and certification by a California Registered
Civil Engineer that the Project has been completed in accordance with submitted final plans and
specifications and any modifications thereto and in accordance with this Funding Agreement.
D.18. GRANTEE'S RESPONSIBILITIES: Grantee and its representatives shall:
A. Faithfully and expeditiously perform or cause to be performed all project work as described in
Exhibit A (Work Plan) and in accordance with Project Exhibit B (Budget) and Exhibit C (Schedule).
B. Accept and agree to comply with all terms, provisions, conditions, and written commitments of this
Funding Agreement, including all incorporated documents, and to fulfill all assurances,
declarations, representations, and statements made by Grantee in the application, documents,
amendments, and communications filed in support of its request for funding.
C. Comply with all applicable California, federal, and local laws and regulations.
D. Implement the Project in accordance with applicable provisions of the law.
E. Fulfill its obligations under the Funding Agreement and be responsible for the performance of the
Project.
F. Obtain any and all permits, licenses, and approvals required for performing any work under this
Funding Agreement, including those necessary to perform design, construction, or operation and
maintenance of the Project. Grantee shall provide copies of permits and approvals to State.
Grant Agreement No. <46000XXXXX>
Page 22 of 39
G. Be solely responsible for design, construction, and operation and maintenance of projects within
the work plan. Review or approval of plans, specifications, bid documents, or other construction
documents by State is solely for the purpose of proper administration of funds by State and shall
not be deemed to relieve or restrict responsibilities of Grantee under this Agreement.
H. Be solely responsible for all work and for persons or entities engaged in work performed pursuant
to this Agreement, including, but not limited to, contractors, subcontractors, suppliers, and
providers of services. The Grantee shall be responsible for any and all disputes arising out of its
contracts for work on the Project, including but not limited to payment disputes with contractors
and subcontractors. The State will not mediate disputes between the Grantee and any other entity
concerning responsibility for performance of work.
D.19. GOVERNING LAW: This Funding Agreement is governed by and shall be interpreted in accordance
with the laws of the State of California.
D.20. INDEMNIFICATION: Grantee shall indemnify and hold and save the State, its officers, agents, and
employees, free and harmless from any and all liabilities for any claims and damages (including
inverse condemnation) that may arise out of the Project and this Agreement, including, but not limited
to any claims or damages arising from planning, design, construction, maintenance and/or operation of
levee rehabilitation measures for this Project and any breach of this Agreement. Grantee shall require
its contractors or subcontractors to name the State, its officers, agents and employees as additional
insureds on their liability insurance for activities undertaken pursuant to this Agreement.
D.21. INDEPENDENT CAPACITY: Grantee, and the agents and employees of Grantees, in the performance
of the Funding Agreement, shall act in an independent capacity and not as officers, employees, or
agents of the State.
D.22. INSPECTION OF BOOKS, RECORDS, AND REPORTS: During regular office hours, each of the
parties hereto and their duly authorized representatives shall have the right to inspect and to make
copies of any books, records, or reports of either party pertaining to this Funding Agreement or
matters related hereto. Each of the parties hereto shall maintain and shall make available at all times
for such inspection accurate records of all its costs, disbursements, and receipts with respect to its
activities under this Funding Agreement. Failure or refusal by Grantee to comply with this provision
shall be considered a breach of this Funding Agreement, and State may withhold disbursements to
Grantee or take any other action it deems necessary to protect its interests.
D.23. INSPECTIONS OF PROJECT BY STATE: State shall have the right to inspect the work being
performed at any and all reasonable times during the term of the Funding Agreement. This right shall
extend to any subcontracts, and Grantee shall include provisions ensuring such access in all its
contracts or subcontracts entered into pursuant to its Funding Agreement with State.
D.24. LABOR CODE COMPLIANCE: The Grantee agrees to be bound by all the provisions of the Labor
Code regarding prevailing wages and shall monitor all contracts subject to reimbursement from this
Agreement to assure that the prevailing wage provisions of the Labor Code are being met. Current
Department of Industrial Relations (DIR) requirements may be found at: http://www.dir.ca.gov/ lcp.asp.
For more information, please refer to DIR’s Public Works Manual at: http://www.dir.ca.gov/
dlse/PWManualCombined.pdf. The Grantee affirms that it is aware of the provisions of section 3700
of the Labor Code, which requires every employer to be insured against liability for workers’
compensation or to undertake self-insurance, and the Grantee affirms that it will comply with such
provisions before commencing the performance of the work under this Agreement and will make its
contractors and subcontractors aware of this provision.
D.25. MODIFICATION OF OVERALL WORK PLAN: At the request of the Grantee, the State may at its sole
discretion approve non-material changes to the portions of Exhibits A, B, and C which concern the
budget and schedule without formally amending this Funding Agreement. Non-material changes with
respect to the budget are changes that only result in reallocation of the budget and will not result in an
increase in the amount of the State Funding Agreement. Non-material changes with respect to the
Project schedule are changes that will not extend the term of this Funding Agreement. Requests for
Grant Agreement No. <46000XXXXX>
Page 23 of 39
non-material changes to the budget and schedule must be submitted by the Grantee to the State in
writing and are not effective unless and until specifically approved by the State’s Program Manager in
writing.
D.26. NONDISCRIMINATION: During the performance of this Funding Agreement, Grantee and its
contractors or subcontractors shall not unlawfully discriminate, harass, or allow harassment against
any employee or applicant for employment because of sex (gender), sexual orientation, race, color,
ancestry, religion, creed, national origin (including language use restriction), pregnancy, physical
disability (including HIV and AIDS), mental disability, medical condition (cancer/genetic
characteristics), age (over 40), marital/domestic partner status, gender identity, and denial of medial
and family care leave or pregnancy disability leave. Grantee and its contractors or subcontractors shall
ensure that the evaluation and treatment of their employees and applicants for employment are free
from such discrimination and harassment. Grantee and its contractors or subcontractors shall comply
with the provisions of the California Fair Employment and Housing Act (Gov. Code, § 12990.) and the
applicable regulations promulgated there under (Cal. Code Regs., tit. 2, § 11000 et seq.). The
applicable regulations of the Fair Employment and Housing Commission are incorporated into this
Agreement by reference. Grantee and its contractors or subcontractors shall give written notice of their
obligations under this clause to labor organizations with which they have a collective bargaining or
other agreement.
Grantee shall include the nondiscrimination and compliance provisions of this clause in all
subcontracts to perform work under the Funding Agreement.
D.27. OPINIONS AND DETERMINATIONS: Where the terms of this Funding Agreement provide for action
to be based upon, judgment, approval, review, or determination of either party hereto, such terms are
not intended to be and shall never be construed as permitting such opinion, judgment, approval,
review, or determination to be arbitrary, capricious, or unreasonable.
D.28. PERFORMANCE BOND: Where contractors are used, the Grantee shall not authorize construction to
begin until each contractor has furnished a performance bond in favor of the Grantee in the following
amounts: faithful performance (100%) of contract value, and labor and materials (100%) of contract
value. This requirement shall not apply to any contract for less than $25,000.00. Any bond issued
pursuant to this paragraph must be issued by a California-admitted surety. (Civ. Code, § 9550, et seq.;
Pub. Contract Code, § 7103; Code Civ. Proc., § 995.311.)
D.29. PRIORITY HIRING CONSIDERATIONS: If this Funding Agreement includes services in excess of
200,000, the Grantee shall give priority consideration in filling vacancies in positions funded by the
Funding Agreement to qualified recipients of aid under Welfare and Institutions Code section 11200 in
accordance with Public Contract Code section 10353.
D.30. PROHIBITION AGAINST DISPOSAL OF PROJECT WITHOUT STATE PERMISSION: The Grantee
shall not sell, abandon, lease, transfer, exchange, mortgage, hypothecate, or encumber in any manner
whatsoever all or any portion of any real or other property necessarily connected or used in
conjunction with the Project, or with Grantee’s service of water, without prior permission of State.
Grantee shall not take any action, including but not limited to actions relating to user fees, charges,
and assessments that could adversely affect the ability of Grantee meet its obligations under this
Funding Agreement, without prior written permission of State. State may require that the proceeds
from the disposition of any real or personal property be remitted to State.
D.31. PROJECT ACCESS: The Grantee shall ensure that the State, the Governor of the State, or any
authorized representative of the foregoing, will have safe and suitable access to the Project site at all
reasonable times during Project construction and thereafter for the term of this Agreement.
D.32. REMAINING BALANCE: In the event the Grantee does not submit invoices requesting all of the funds
encumbered under this Grant Agreement, any remaining funds revert to the State. The State will
notify the Grantee stating that the Project file is closed and any remaining balance will be
disencumbered and unavailable for further use under this Grant Agreement.
Grant Agreement No. <46000XXXXX>
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D.33. REMEDIES NOT EXCLUSIVE: The use by either party of any remedy specified herein for the
enforcement of this Funding Agreement is not exclusive and shall not deprive the party using such
remedy of, or limit the application of, any other remedy provided by law.
D.34. RETENTION: The State shall withhold ten percent (10%) of the funds requested by the Grantee for
reimbursement of Eligible Project Costs until the Project is completed and Final Report is approved.
Any retained amounts due to the Grantee will be promptly disbursed to the Grantee, without interest,
upon completion of the Project.
D.35. RIGHTS IN DATA: Grantee agrees that all data, plans, drawings, specifications, reports, computer
programs, operating manuals, notes and other written or graphic work produced in the performance of
this Funding Agreement shall be made available to the State and shall be in the public domain to the
extent to which release of such materials is required under the California Public Records Act. (Gov.
Code, § 6250 et seq.) Grantee may disclose, disseminate and use in whole or in part, any final form
data and information received, collected and developed under this Funding Agreement, subject to
appropriate acknowledgement of credit to State for financial support. Grantee shall not utilize the
materials for any profit-making venture or sell or grant rights to a third party who intends to do so. The
State shall have the right to use any data described in this paragraph for any public purpose.
D.36. SEVERABILITY: Should any portion of this Funding Agreement be determined to be void or
unenforceable, such shall be severed from the whole and the Funding Agreement shall continue as
modified.
D.37. SUSPENSION OF PAYMENTS: This Funding Agreement may be subject to suspension of payments
or termination, or both if the State determines that:
A. Grantee, its contractors, or subcontractors have made a false certification, or
B. Grantee, its contractors, or subcontractors violates the certification by failing to carry out the
requirements noted in this Funding Agreement.
D.38. SUCCESSORS AND ASSIGNS: This Funding Agreement and all of its provisions shall apply to and
bind the successors and assigns of the parties. No assignment or transfer of this Funding Agreement
or any part thereof, rights hereunder, or interest herein by the Grantee shall be valid unless and until it
is approved by State and made subject to such reasonable terms and conditions as State may
impose.
D.39. TERMINATION BY GRANTEE: Subject to State approval which may be reasonably withheld, Grantee
may terminate this Agreement and be relieved of contractual obligations. In doing so, Grantee must
provide a reason(s) for termination. Grantee must submit all progress reports summarizing
accomplishments up until termination date.
D.40. TERMINATION FOR CAUSE: Subject to the right to cure under Paragraph 9, the State may terminate
this Funding Agreement and be relieved of any payments should Grantee fail to perform the
requirements of this Funding Agreement at the time and in the manner herein, provided including but
not limited to reasons of default under Paragraph 9.
D.41. TERMINATION WITHOUT CAUSE: The State may terminate this Agreement without cause on 30
days’ advance written notice. The Grantee shall be reimbursed for all reasonable expenses incurred
up to the date of termination.
D.42. TRAVEL: Travel includes the reasonable and necessary costs of transportation, subsistence, and
other associated costs incurred by personnel during the term of this Funding Agreement. Any
reimbursement for necessary travel and per diem shall be at rates not to exceed those set by the
California Department of Human Resources for excluded employees. These rates may be found at:
https://www.calhr.ca.gov/employees/pages/travel-reimbursements.aspx. Reimbursement will be at the
State travel and per diem amounts that are current as of the date costs are incurred. No travel outside
the State of California shall be reimbursed unless prior written authorization is obtained from the State.
Grant Agreement No. <46000XXXXX>
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D.43. THIRD PARTY BENEFICIARIES: The parties to this Agreement do not intend to create rights in, or
grant remedies to, any third party as a beneficiary of this Agreement, or any duty, covenant, obligation
or understanding established herein.
D.44. TIMELINESS: Time is of the essence in this Funding Agreement.
D.45. UNION ORGANIZING: Grantee, by signing this Funding Agreement, hereby acknowledges the
applicability of Government Code sections 16645 through 16649 to this Funding Agreement.
Furthermore, Grantee, by signing this Funding Agreement, hereby certifies that:
A. No State funds disbursed by this Funding Agreement will be used to assist, promote, or deter
union organizing.
B. Grantee shall account for State funds disbursed for a specific expenditure by this Funding
Agreement to show those funds were allocated to that expenditure.
C. Grantee shall, where State funds are not designated as described in (b) above, allocate, on a pro
rata basis, all disbursements that support the program.
D. If Grantee makes expenditures to assist, promote, or deter union organizing, Grantee will maintain
records sufficient to show that no State funds were used for those expenditures and that Grantee
shall provide those records to the Attorney General upon request.
D.46. VENUE: The State and the Grantee hereby agree that any action arising out of this Agreement shall
be filed and maintained in the Superior Court in and for the County of Sacramento, California, or in the
United States District Court in and for the Eastern District of California. The Grantee hereby waives
any existing sovereign immunity for the purposes of this Agreement.
D.47. WAIVER OF RIGHTS: None of the provisions of this Funding Agreement shall be deemed waived
unless expressly waived in writing. It is the intention of the parties here to that from time to time either
party may waive any of its rights under this Funding Agreement unless contrary to law. Any waiver by
either party of rights arising in connection with the Funding Agreement shall not be deemed to be a
waiver with respect to any other rights or matters, and such provisions shall continue in full force and
effect.
Grant Agreement No. <46000XXXXX>
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EXHIBIT E
AUTHORIZING RESOLUTION
In addition to the various legal requirements and naming of a designated representative, the resolution should
address the applicant’s consent to the use of e-signatures.
Grant Agreement No. <46000XXXXX>
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EXHIBIT F
REPORT FORMATS AND REQUIREMENTS
The following reporting formats should be utilized. Please obtain State approval prior to submitting a report in
an alternative format.
PROGRESS REPORTS
Progress reports shall generally use the following format. This format may be modified as necessary to
effectively communicate information. For each project, discuss the following at the task level, as organized in
Exhibit A:
x Percent complete (by work)
x Discussion of work accomplished during the reporting period.
x Milestones or deliverables completed/submitted during the reporting period.
x Meetings held or attended.
x Scheduling concerns and issues encountered that may delay completion of the task.
For each project, discuss the following at the project level, as organized in Exhibit A:
x Work anticipated for the next reporting period.
x Photo documentation, as appropriate.
x Budget projections for grant share for the next two quarters
x Any schedule or budget modifications approved by DWR during the reporting period.
PROJECT COMPLETION REPORT
The Project Completion Report (or a Component Completion Report, if a Project has multiple Components)
shall generally use the following format provided below for each project after completion.
Executive Summary
The Executive Summary should include a brief summary of project information and include the following
items:
x Brief description of work proposed to be done in the original Grant application.
x List any official amendments to this Grant Agreement, with a short description of the amendment.
Reports and/or Products
The following items should be provided, unless already submitted as a deliverable:
x A copy of any final technical report or study, produced for or utilized in this Project as described in the
Exhibit A
x Electronic copies of any data collected, not previously submitted
x Discussion of problems that occurred during the work and how those problems were resolved
x Final project schedule showing actual progress versus planned progress as shown in Exhibit C
Additional information that may be applicable for implementation projects includes the following:
x Record drawings
x Final geodetic survey information
x Project photos
Grant Agreement No. <46000XXXXX>
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Cost & Disposition of Funds
A list showing:
x Summary of Project costs including the following items:
o Accounting of the cost of project expenditure;
o Include all internal and external costs not previously disclosed (i.e., additional cost share); and
o A discussion of factors that positively or negatively affected the project cost and any deviation from
the original Project cost estimate.
Additional Information
x Benefits derived from the Project, with quantification of such benefits provided.
x If applicable, Certification from a California Registered Professional (Civil Engineer or Geologist, as
appropriate), consistent with Exhibit D, that the project was conducted in accordance with the
approved Work Plan in Exhibit A and any approved amendments thereto.
x Submittal schedule for the Post-Performance Report.
GRANT COMPLETION REPORT
The Grant Completion Report shall generally use the following format. This format may be modified as
necessary to effectively communicate information on the various projects funded by this Grant Agreement,
and includes the following:
x Executive Summary: consisting of a maximum of ten (10) pages summarizing information for the grant as
well as the individual projects.
x Brief discussion whether the level, type, or magnitude of benefits of each project are comparable to the
original project proposal; any remaining work to be completed and mechanism for their implementation;
and a summary of final funds disbursement for each project.
Additional Information:Summary of the submittal schedule for the Post-Performance Reports applicable for
the projects in this Grant Agreement.
POST-PERFORMANCE REPORT
The Post-Performance Report (PPR) should be concise and focus on how each project is performing
compared to its expected performance; whether the project is being operated and maintained and providing
intended benefits as proposed. A PPR template may be provided by the assigned DWR Grant Manager upon
request. The PPR should follow the general format of the template and provide requested information as
applicable. The following information, at a minimum, shall be provided:
Reports and/or products
x Header including the following:
o Grantee Name
o Implementing Agency (if different from Grantee)
o Grant Agreement Number
o Project Name
o Funding grant source
o Report number
x Post-Performance Report schedule
x Time period of the annual report (e.g., January 2018 through December 2018)
Grant Agreement No. <46000XXXXX>
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x Project Description Summary
x Discussion of the project benefits
x An assessment of any differences between the expected versus actual project benefits as stated in the
original application. Where applicable, the reporting should include quantitative metrics (e.g., new acre-
feet of water produced that year, etc.).
x Summary of any additional costs and/or benefits deriving from the project since its completion, if
applicable.
x Any additional information relevant to or generated by the continued operation of the project.
Grant Agreement No. <46000XXXXX>
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EXHIBIT G
REQUIREMENTS FOR DATA SUBMITTAL
Surface and Groundwater Quality Data:
Groundwater quality and ambient surface water quality monitoring data that include chemical, physical, or
biological data shall be submitted to the State as described below, with a narrative description of data
submittal activities included in project reports.
Surface water quality monitoring data shall be prepared for submission to the California Environmental
Data Exchange Network (CEDEN). The CEDEN data templates are available on the CEDEN website.
Inclusion of additional data elements described on the data templates is desirable. Data ready for
submission should be uploaded to your CEDEN Regional Data Center via the CEDEN website. CEDEN
website: http://www.ceden.org.
If a project’s Work Plan contains a groundwater ambient monitoring element, groundwater quality
monitoring data shall be submitted to the State for inclusion in the State Water Resources Control Board’s
Groundwater Ambient Monitoring and Assessment (GAMA) Program Information on the GAMA Program
can be obtained at: https://www.waterboards.ca.gov/water_issues/programs/gama/. If further information
is required, the Grantee can contact the State Water Resources Control Board (SWRCB) GAMA Program.
A listing of SWRCB staff involved in the GAMA program can be found at:
https://www.waterboards.ca.gov/water_issues/programs/gama/contact.shtml.
Groundwater Level Data
For each project that collects groundwater level data, the Grantee will need to submit this data to DWR’s
Water Data Library (WDL), with a narrative description of data submittal activities included in project
reports, as described in Exhibit F, “Report Formats and Requirements.” Information regarding the WDL
and in what format to submit data in can be found at: http://www.water.ca.gov/waterdatalibrary/.
Grant Agreement No. <46000XXXXX>
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EXHIBIT H
STATE AUDIT DOCUMENT REQUIREMENTS
AND COST SHARE REQUIREMENTS FOR THE GRANTEE
The following provides a list of documents typically required by State Auditors and general guidelines for the
Grantee. List of documents pertains to both State funding and the Grantee’s Local Cost Share and details the
documents/records that State Auditors would need to review in the event of this Grant Agreement is audited.
The Grantee should ensure that such records are maintained for each funded project.
State Audit Document Requirements
Internal Controls
1. Organization chart (e.g., Agency’s overall organization chart and organization chart for the State funded
Program/Project).
2. Written internal procedures and flowcharts for the following:
a) Receipts and deposits
b) Disbursements
c) State reimbursement requests
d) Expenditure tracking of State funds
e) Guidelines, policy, and procedures on State funded Program/Project
3. Audit reports of the Agency internal control structure and/or financial statements within the last two years.
4. Prior audit reports on the State funded Program/Project.
State Funding:
1. Original Grant Agreement, any amendment(s) and budget modification documents.
2. A listing of all bond-funded grants, loans, or subventions received from the State.
3. A listing of all other funding sources for each Program/Project.
Contracts:
1. All subcontractor and consultant contracts and related or partners’ documents, if applicable.
2. Contracts between the Agency and member agencies as related to the State funded Program/Project.
Invoices:
1. Invoices from vendors and subcontractors for expenditures submitted to the State for payments under the
Grant Agreement.
2. Documentation linking subcontractor invoices to State reimbursement, requests and related Grant
Agreement budget line items.
3. Reimbursement requests submitted to the State for the Grant Agreement.
Cash Documents:
1. Receipts (copies of warrants) showing payments received from the State.
2. Deposit slips (or bank statements) showing deposit of the payments received from the State.
3. Cancelled checks or disbursement documents showing payments made to vendors, subcontractors,
consultants, and/or agents under the grants or loans.
4. Bank statements showing the deposit of the receipts.
Accounting Records:
1. Ledgers showing entries for funding receipts and cash disbursements.
2. Ledgers showing receipts and cash disbursement entries of other funding sources.
3. Bridging documents that tie the general ledger to requests for Grant Agreement reimbursement.
Administration Costs:
1. Supporting documents showing the calculation of administration costs.
Grant Agreement No. <46000XXXXX>
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Personnel:
1. List of all contractors and Agency staff that worked on the State funded Program/Project.
2. Payroll records including timesheets for contractor staff and the Agency personnel who provided services
charged to the program
Project Files:
1. All supporting documentation maintained in the project files.
2. All Grant Agreement related correspondence.
Grant Agreement No. <46000XXXXX>
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EXHIBIT I
LOCAL PROJECT SPONSORS AND PROJECT LOCATIONS
The Grantee has assigned, for each project, a Local Project Sponsor (LPS). LPSs may act on behalf of the
Grantee for the purposes of individual project management, oversight, compliance, and operations and
maintenance. LPSs are identified for each sponsored Project below:
Local Project Sponsor Agency Designation
Sponsored Project: Project 1: <Title>
Sponsor Agency:
Agency Address:
Project Location:Town/City, California (38.1234456, -121.123456)
Local Project Sponsor Agency Designation
Sponsored Project: Project 2: <Title>
Sponsor Agency:
Agency Address:
Project Location:Town/City, California (38.1234456, -121.123456)
Grant Agreement No. <46000XXXXX>
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EXHIBIT J
APPRAISAL SPECIFICATIONS
For property acquisitions funded by this Grant Agreement, the Grantee shall submit an appraisal for review
and approval by the Department of General Services or DWR’s Real Estate Branch prior to reimbursement or
depositing State funds into an escrow account. This information should be submitted at least 90 days prior to
a reimbursement request to account for review time. All appraisal reports, regardless of report format, shall
include all applicable Appraisal Specifications below. Appraisals for a total compensation of $150,000 or more
shall be reported as a Self-Contained Appraisal Report. Appraisals for a total compensation of less than
150,000 may be reported as a Summary Appraisal Report, which includes all information necessary to arrive
at the appraiser’s conclusion. Appraisal Specifications 14, 16, 21, 23-25, and 28 shall be a narrative analysis
regardless of the reporting format.
1. Title page with sufficient identification of appraisal assignment.
2. Letter of transmittal summarizing important assumptions and conclusions, value estimate, date of
value and date of report.
3. Table of contents.
4. Assumptions and Limiting Conditions, Extraordinary Assumptions, and Hypothetical Conditions as
needed.
5. Description of the scope of work, including the extent of data collection and limitations, if any, in
obtaining relevant data.
6. Definition of Fair Market Value, as defined by California Code of Civil Procedure, § 1263.320.
7. Photographs of subject property and comparable data, including significant physical features and the
interior of structural improvements, if applicable.
8. Copies of Tax Assessor’s plat map with the subject marked along with all contiguous assessor’s
parcels that depict the ownership.
9. A legal description of the subject property, if available.
10. For large, remote or inaccessible parcels, provide aerial photographs or topographical maps depicting
the subject boundaries.
11. Three (3) year subject property history, including sales, listings, leases, options, zoning, applications
for permits, or other documents or facts that might indicate or affect use or value.
12. Discussion of any current Agreement of Sale, option, or listing of subject property. This issue required
increased diligence since state agencies often utilize non-profit organizations to quickly acquire
sensitive habitat parcels using Option Agreements. However, due to confidentiality clauses, the terms
of the Option are often not disclosed to the State. If the appraiser discovers evidence of an Option or
the possible existence of an Option, and the terms cannot be disclosed due to a confidentiality clause,
then the appraiser is to cease work and contact the client.
13. Regional, area, and neighborhood analyses. This information may be presented in a summary format.
14. Market conditions and trends including identification of the relevant market area, a discussion of
supply and demand within the relevant market area, and a discussion of the relevant market factors
impacting demand for site acquisition and leasing within the relevant market area. This information
may be presented in a summary format.
15. Discussion of subject land/site characteristics (size, topography, current use, elevations, zoning and
land use issues, development entitlements, General Plan designation, utilities, offsite improvements,
access, land features such as levees and creeks, offsite improvements, easements and
Grant Agreement No. <46000XXXXX>
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encumbrances, covenants, conditions and restrictions, flood and earthquake information, toxic
hazards, water rights, mineral rights, toxic hazards, taxes and assessments, etc.).
16. Description of subject improvements including all structures, square footage, physical age, type of
construction, quality of construction, condition of improvements and/or identification of any permanent
plantings. Discussion of construction cost methodology, costs included and excluded, accrued
depreciation from all causes, remaining economic life, items of deferred maintenance and cost to cure,
and incurable items. Construction cost data shall include cost data source, date of estimate or date of
publication of cost manual, section and page reference of cost manual, copies of cost estimate if
provided from another source, replacement or reproduction cost method used, and supporting
calculations including worksheets or spreadsheets.
17. Subject property leasing and operating cost history, including all items of income and expense.
18. Analysis and conclusion of the larger parcel for partial taking appraisals. For partial taking appraisals,
Appraisal Specifications generally apply to the larger parcel rather than an ownership where the larger
parcel is not the entire ownership.
19. Include a copy of a recent preliminary title report (within the past year) as an appraisal exhibit. Discuss
the title exceptions and analyze the effect of title exceptions on fair market value.
20. For appraisals of partial takings or easements, a detailed description of the taking or easement area
including surface features and topography, easements, encumbrances or improvements including
levees within the subject partial take or easement, and whether the take area is characteristic of the
larger parcel. Any characteristics of the taking area, including existing pre-project levees that render
the take area different from the larger parcel shall be addressed in the valuation.
21. Opinion of highest and best use for the subject property, based on an in-depth analysis supporting the
concluded use which includes the detail required by the complexity of the analysis. Such support
typically requires a discussion of the four criteria of tests utilized to determine the highest and best use
of a property. If alternative feasible uses exist, explain and support market, development, cash flow,
and risk factors leading to an ultimate highest and best use decision.
22. All approaches to market value applicable to the property type and in the subject market. Explain and
support the exclusion of any usual approaches to value.
23. Map(s) showing all comparable properties in relation to the subject property.
24. Photographs and plat maps of comparable properties.
25. In-depth discussion of comparable properties, similarities and differences compared to the subject
property, adjustments to the comparable data, and discussion of the reliability and credibility of the
data as it relates to the indicated subject property value. Improved comparable sales which are used
to compare to vacant land subject properties shall include an allocation between land and
improvements, using methodology similar to methodology used in item 16 above to estimate
improvement value when possible, with an explanation of the methodology used.
26. Comparable data sheets.
a. For sales, include information on grantor/Grantee, sale/recordation dates, listed or asking price as
of the date of sale, highest and best use, financing, conditions of sale, buyer motivation, sufficient
location information (street address, post mile, and/or distance from local landmarks such as
bridges, road intersections, structures, etc.), land/site characteristics, improvements, source of any
allocation of sale price between land and improvements, and confirming source.
b. For listings, also include marketing time from list date to effective date of the appraisal, original list
price, changes in list price, broker feedback, if available.
Grant Agreement No. <46000XXXXX>
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c. For leases, include significant information such as lessor/lessee, lease date and term, type of
lease, rent and escalation, expenses, size of space leased, tenant improvement allowance,
concessions, use restrictions, options, and confirming source. When comparing improved sales to
a vacant land subject, the contributory value of the improvements shall be segregated from the
land value.
27.For appraisals of easements, a before and after analysis of the burden of the easement on the fee,
with attention to how the easement affects highest and best use in the after condition. An Easement
Valuation Matrix or generalized easement valuation references may be used ONLY as a reference for
a secondary basis of value.
28. For partial taking and easement appraisals, valuation of the remainder in the after condition and
analysis and identification of any change in highest and best use or other characteristics in the after
condition, to establish severance damages to the remainder in the after condition, and a discussion of
special and general benefits, and cost to cure damages or construction contract work.
29. There are occasions where properties involve water rights, minerals, or salable timber that require
separate valuations. If an appraisal assignment includes water rights, minerals, or merchantable
timber that requires separate valuation, the valuation of the water rights, minerals, or merchantable
timber shall be completed by a credentialed subject matter specialist.
30. For partial taking and easement appraisals, presentation of the valuation in California partial taking
acquisition required format.
31. Implied dedication statement.
32. Reconciliation and final value estimate. Include analysis and comparison of the comparable sales to
the subject, and explain and support conclusions reached.
33. Discussion of any departures taken in the development of the appraisal.
34. Signed Certification consistent with the language found in Uniform Standards of Professional Appraisal
Practice.
35. If applicable, in addition to the above, appraisals of telecommunication sites shall also provide:
a. A discussion of market conditions and trends including identification of the relevant market, a
discussion of supply and demand within the relevant market area and a discussion of the relevant
market factors impacting demand for site acquisition and leasing within the relevant market area.
b. An analysis of other leases comparable to subject property. Factors to be discussed in the analysis
include the latitude, longitude, type of tower, tower height, number of rack spaces, number of racks
occupied, placement of racks, power source and adequacy, back-up power, vault and site
improvements description and location on site, other utilities; access, and road maintenance costs.
Grant Agreement No. <46000XXXXX>
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EXHIBIT K
INFORMATION NEEDED FOR ESCROW PROCESSING AND CLOSURE
The Grantee shall provide the following documents to the State Project Representative during the
escrow process. Property acquisition escrow documents shall be submitted within the term of this
Grant Agreement and after a qualified appraisal has been approved.
x Name and Address of Title Company Handling the Escrow
x Escrow Number
x Name of Escrow Officer
x Escrow Officer’s Phone Number
x Dollar Amount Needed to Close Escrow
x Legal Description of Property Being Acquired
x Assessor’s Parcel Number(s) of Property Being Acquired
x Copy of Title Insurance Report
x Entity Taking Title as Named Insured on Title Insurance Policy
x Copy of Escrow Instructions in Draft Form Prior to Recording for Review Purposes
x Copy of Final Escrow Instructions
x Verification that all Encumbrances (i.e., Liens, Back Taxes, and Similar Obligations) have been Cleared
Prior to Recording the Deed to Transfer Title
x Copy of Deed for Review Purposes Prior to Recording
x Copy of Deed as Recorded in County Recorder’s Office
x Copy of Escrow Closure Notice
Grant Agreement No. <46000XXXXX>
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EXHIBIT L
PROJECT MONITORING PLAN GUIDANCE
Introduction
For each project contained in Exhibit A, please include a brief description of the project (maximum ~150
words) including project location, implementation elements, need for the project (what problem will the project
address) and responds to the requirements listed below.
Project Monitoring Plan Requirements
The Project Monitoring Plan shall contain responses to the following questions:
x What are the anticipated project physical benefits?
x What are the corresponding numeric targets for each project benefit?
x How will proposed numeric targets be measured?
x What are baseline conditions?
x When will the targets be met (e.g., upon project completion, five years after completion)?
x How often will monitoring be undertaken (e.g., monthly, yearly).
x Where are monitoring point locations (e.g., meter located at…, at stream mile…)? Include relevant
maps.
x How will the project be maintained (e.g., irrigation, pest management, weed abatement)?
x What will be the frequency and duration of maintenance proposed activities?
x Are there any special environmental considerations (e.g., resource agency requirements, permit
requirements, CEQA/NEPA mitigation measures)?
x Who is responsible for collecting the samples (i.e., who is conducting monitoring and/or
maintenance)?
x How, and to whom, will monitoring results be reported (e.g., paper reports, online databases, public
meetings)?
x What adaptive management strategies will be employed if problems are encountered during routine
monitoring or maintenance?
x What is the anticipated life of the project?
Grant Agreement No. <46000XXXXX>
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EXHIBIT M
INVOICE GUIDANCE FOR ADMINISTRATIVE AND OVERHEAD CHARGES
The funds provided pursuant to this Agreement may only be used for costs that are directly related to the
funded Project. The following provides a list of typical requirements for invoicing, specifically providing
guidance on the appropriate methods for invoicing administrative and direct overhead charges.
Administration Charges
Indirect and General Overhead (i.e., indirect overhead) charges are not an allowable expense for
reimbursement. However, administrative expenses that are apportioned directly to the project are eligible for
reimbursement. Cost such as rent, office supplies, fringe benefits, etc. can be “Direct Costs” and are eligible
expenses as long as:
x There is a consistent, articulated method for how the costs are allocated that is submitted and
approved by the Grant Manager. The allocation method must be fully documented for auditors.
x A “fully-burdened labor rate” can be used to capture allowable administrative costs.
x The administrative/overhead costs can never include:
o Non-project specific personnel and accounting services performed within the Grantee or an
LPS’ organization
o Generic markup
o Tuition
o Conference fees
o Building and equipment depreciation or use allowances
x Using a general overhead percentage is never allowed
Labor Rates
The Grantee must provide DWR with supporting documentation for personnel hours (see personnel billing
rates letter in example invoice packet). The personnel rate letter should be submitted to the DWR Grant
Manager prior to submittal of the first invoice. The supporting documentation must include, at a minimum,
employee classifications that will reimbursed by grant funds and the corresponding hourly rate range. These
rates should be “burdened”; the burdened rate must be consistent with the Grantee’s/Local Project Sponsors
standardized allocation methodology. The supporting documentation should also provide an explanation of
what costs make up the burdened rate and how those costs were determined. This information will be used to
compare against personnel hours summary table invoice back up documentation. Periodic updates may be
needed during the life of the grant which would be handled through a revised billing rate letter.
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-215 Agenda Date:2/9/2023 Agenda #:1.-T.
REPORT TO THE CITY COUNCIL
FROM:BROCK D. BUCHE, PE, PLS, Director
Department of Public Utilities
BY:AHMAD ALKHAYYAT, PE, MBA, Assistant Director
Department of Public Utilities - Solid Waste Management Division
LORENZO NADORA, Solid Waste Manager
Department of Public Utilities - Solid Waste Management Division
SUBJECT
Actions pertaining to the submission of grant applications for the Environmental Protection Agency
EPA) Grant Program:
1. ***RESOLUTION - Authorizing the submission of a Consumer Recycling Education and
Outreach Grant Program application to the EPA for the development and execution of an
education and outreach plan and authorizing the Director of Public Utilities or designee to
accept grant funds and execute all application and grant agreement documents on behalf of
the City of Fresno (Citywide) (Subject to Mayor’s Veto)
2. ***RESOLUTION - Authorizing the submission of a Solid Waste Infrastructure for Recycling
Grant Program application to the EPA for the purpose of purchasing side loader collection
trucks and cameras, and authorizing the Director of Public Utilities or designee to accept grant
funds and execute all application and grant agreement documents on behalf of the City of
Fresno (Citywide) (Subject to Mayor’s Veto)
RECOMMENDATIONS
Staff recommends that City Council:
1. Approve a Resolution authorizing the submission of a Consumer Recycling Education and
Outreach (REO) Grant Program application to the EPA for the development and execution of
an education and outreach plan and authorizing the Director of Public Utilities or designee to
accept grant funds and execute all application and grant agreement documents on behalf of
the City of Fresno.
2. Approve a Resolution authorizing the submission of a Solid Waste Infrastructure for Recycling
SWIFR) Grant Program application to the EPA for the purpose of purchasing side loader
collection trucks and cameras and authorizing the Director of Public Utilities or designee to
accept grant funds and execute all application and grant agreement documents on behalf of
the City of Fresno.
City of Fresno Printed on 2/9/2023Page1of3
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2/9/2023
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MK Absent.
Approved on Consent
R. 2023-032, R. 2023-033
File #:ID 23-215 Agenda Date:2/9/2023 Agenda #:1.-T.
EXECUTIVE SUMMARY
In November 2022,the EPA issued a Request for Applications (RFA)for the REO and SWIFR Grant
Programs.As a local waste management authority,the City of Fresno intends to apply for the REO
grant in the amount of $1,622,000 and the SWIFR grant in the amount of $2,200,000.If awarded,
the REO Grant funds will be used to prepare and execute a recycling public education and outreach
plan.The SWIFR grant funds,if awarded,will be used to purchase 4 side-loader collection vehicles
to augment the existing fleet and cameras to assist the City in its container contamination
minimization effort.Artificial intelligence (AI)software using the camera video would be able to
characterize what is in the recyclables and organic waste.This way,the staff can identify where when
and how much contamination is occurring.
Council approval of these resolutions cannot be delayed,as the due date to submit applications is
February 15, 2023.
BACKGROUND
The Infrastructure Investment and Jobs Act (IIJA),also known as the Bipartisan infrastructure Law
BIL),established the Consumer Recycling Education and Outreach Grant Program (REO)and
allocated $75,000,000 for REO grants for Federal Fiscal Years 2022 through 2026 at $15,000,000
per year.Grants awarded under the REO Program will fund recycling education and outreach
projects intended to improve consumer recycling education,increase waste prevention activities,
increase collection of recyclable materials and program participation rates.
The IIJA also established the Solid Waste Infrastructure for Recycling Grant Program (SWIFR)and
allocated $40,000,000 for SWIFR grants for Federal Fiscal Years 2022 through 2026.Grants
awarded under the SWIFR Program are intended to establish,increase,expand,or optimize
collection and improve materials management infrastructure,reduce contamination in the recycled
materials stream, and identify, establish, or improve end-markets for the use of recycled materials.
In November 2022,the EPA issued the Guidelines and Proposal Solicitation Package establishing
the Guidelines and Proposal Solicitation package establishing the processes,procedures,and
criteria that EPA will use to implement the REO and SWIFR grant programs.
Both of the EPA grant programs are covered programs under the Justice40 Initiative,which aims to
deliver 40 percent of the overall benefits to disadvantaged communities.The City of Fresno (City)is a
culturally and ethnically diverse population center which includes many immigrant and refugee
communities.A significant portion of the City is designated as disadvantaged,enabling the City to
apply for the EPA grants under the Track 1 funding option.These grants will help the City meet State
mandates for 50 percent waste diversion overall as well as 75 percent reduction in the level of the
statewide disposal of organics (green waste and food scraps).Purchase of Cameras with AI
capability will assist the City in complying with Section:18984.6 Recordkeeping Requirements for
Container Contamination Minimization of Senate Bill 1383.
As a local waste management authority,the City of Fresno intends to apply for the REO grant in the
amount of $1,622,000 and the SWIFR grant in the amount of $2,200,000.If awarded,the REO grant
funds will be used to prepare a recycling education and outreach plan.The SWIFR grant funds,if
awarded,will be used to purchase additional side-loader collection vehicles to augment theexistingCityofFresnoPrintedon2/9/2023Page2of3
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File #:ID 23-215 Agenda Date:2/9/2023 Agenda #:1.-T.
awarded,will be used to purchase additional side-loader collection vehicles to augment the existing
fleet as well as cameras to assist the City in its container contamination minimization effort.
Council approval of this resolution cannot be delayed,as the due date to submit applications is
February 15,2023.It is imperative that Council approve these authorizing resolutions without delay
to ensure that the grant applications are submitted by the deadline.
City Attorney has reviewed the resolutions and approved to form.
ENVIRONMENTAL FINDINGS
Pursuant to California Environmental Quality Act (CEQA)Guidelines section 15378,this is not a
project for the purposes of CEQA.
LOCAL PREFERENCE
Local preference was not implemented because this action does not include a bid or an award of a
construction or services contract.
FISCAL IMPACT
This resolution will have no impact on the General Fund.Should the grants be awarded,the funds
will be accounted for in separate funds to be designated specifically for the REO and SWIFR grant
programs.
Attachments:
Attachment 1 - Resolution for SWIFR Grant Program
Attachment 2 - Resolution for REO Grant Program
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Date Adopted:
Date Approved:
Effective Date:
City Attorney Approval: ______ Resolution No.
RESOLUTION NO. ____________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FRESNO, CALIFORNIA, AUTHORIZING SUBMISSION OF A
SOLID WASTE INFRASTRUCTURE FOR RECYCLING
SWIFR) GRANT PROGRAM APPLICATION TO THE
ENVIRONMENTAL PROTECTION AGENCY (EPA) AND
AUTHORIZING THE DIRECTOR OF PUBLIC UTILITIES OR
DESIGNEE TO ACCEPT GRANT FUNDS AND EXECUTE
ALL APPLICATION AND GRANT AGREEMENT
DOCUMENTS ON BEHALF OF THE CITY OF FRESNO.
WHEREAS, the City of Fresno (City) owns and operates the Department of Public
Utilities (DPU) responsible for collecting over 1,350 daily tons of residential solid waste,
recyclables, and green waste for approximately 112,000 customers; and
WHEREAS, the DPU’s Project Blue Initiative, in cooperation with the City’s police
department, has effectively cited or arrested over 244 suspects for theft of recycling
materials and over 21 illegal dumpers; and
WHEREAS, the City’s DPU proposes purchasing four (4) side loader trucks to
augment and expand the City’s current fleet to meet state mandates for 50 percent waste
diversion overall, as well as 75 percent organics diversion via cost-effective collection
services to residents, and purchase 100 cameras and monitors to be installed in existing
collection trucks to aid in contamination minimization efforts and increase the amount of
recyclables collected; and
WHEREAS, The Infrastructure Investment and Jobs Act (IIJA), also known as the
Bipartisan Infrastructure Law (BIL), provides $275,000,000 for grants authorized under
Section 302(a) “Post-Consumer Materials Management Infrastructure Grant Program” of
the Save Our Seas 2.0 Act (Public Law 116–224) as codified at 33 U.S.C. 4282(a); and
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WHEREAS, in November 2022, the EPA issued the Guidelines and Proposal
Solicitation Package establishing the processes, procedures, and criteria that EPA will
use to implement the Solid Waste Infrastructure for Recycling (SWIFR) Grant Program
Program); and
WHEREAS, grants awarded under the Program are intended to establish,
increase, expand, or optimize collection and improve materials management
infrastructure; reduce contamination in the recycled materials stream; and identify,
establish, or improve end-markets for the use of recycled materials; and
WHEREAS, the proposed project fits the criteria of the Program by improving the
City’s waste management infrastructure and overall recycling efforts and aiding the City
in meeting the State of California’s mandate as required by AB939, which calls for a 50
percent reduction in waste sent to the landfill thus decreasing its municipal solid waste;
and
WHEREAS, the DPU intends to apply for grant funding from EPA for the Program;
and
WHEREAS, the City has the legal authority and is authorized to enter into a funding
agreement with the EPA.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as
follows:
1. That pursuant and subject to all of the terms and provisions of the Bipartisan
Infrastructure Law under Section 302(a) “Post Consumer Materials Management
Infrastructure Grant Program” of Public Law 116-224 as codified at 33 U.S.C. 4282(a),
the City of Fresno Director of Public Utilities or designee is hereby authorized and directed
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to prepare and file an application for funding with the EPA for the Program and take such
other actions as necessary or appropriate to obtain grant funding.
2. The City of Fresno Director of Public Utilities or designee is hereby
authorized and directed to execute the funding agreement, subject to approval as to form
by the City Attorney’s Office, with the Department of Public Utilities Solid Waste Division
and any amendments thereto.
3. The City of Fresno Director of Public Utilities or designee is hereby
authorized and directed to submit any required documents, invoices, and reports required
to obtain grant funding.
4. This resolution shall be effective upon final approval.
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STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss.
CITY OF FRESNO )
I, TODD STERMER, City Clerk of the City of Fresno, certify that the foregoing
resolution was adopted by the Council of the City of Fresno at a regular meeting held on
the day of 2023.
AYES :
NOES :
ABSENT :
ABSTAIN :
Mayor Approval: , 2023
Mayor Approval/No Return: , 2023
Mayor Veto: , 2023
Council Override Vote: , 2023
TODD STERMER, CMC
City Clerk
By:
Date
Deputy
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By:
Angela M. Karst Date
Deputy City Attorney
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Date Adopted:
Date Approved:
Effective Date:
City Attorney Approval: ______ Resolution No.
RESOLUTION NO. ____________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FRESNO, CALIFORNIA, AUTHORIZING SUBMISSION OF A
CONSUMER RECYCLING EDUCATION AND OUTREACH
GRANT PROGRAM APPLICATION TO THE
ENVIRONMENTAL PROTECTION AGENCY (EPA) AND
AUTHORIZING THE DIRECTOR OF PUBLIC UTILITIES OR
DESIGNEE TO ACCEPT GRANT FUNDS AND EXECUTE
ALL APPLICATION AND GRANT AGREEMENT
DOCUMENTS ON BEHALF OF THE CITY OF FRESNO.
WHEREAS, the City of Fresno (City) owns and operates the Department of Public
Utilities (DPU) responsible for collecting over 1,350 daily tons of residential solid waste,
recyclables, and green waste for approximately 112,000 customers; and
WHEREAS, the City is working to meet the State of California mandate as required
by AB 939, which calls for a 50 percent reduction in the waste sent to landfill; and
WHEREAS, the City’s DPU proposes the development and execution of an
education and outreach plan to inform the public about residential and community
recycling programs to increase recycling participation rates; and
WHEREAS, The Infrastructure Investment and Jobs Act (IIJA), also known as the
Bipartisan Infrastructure Law (BIL) established the “Consumer Recycling Education and
Outreach Grant Program” (REO grants) and provides $75,000,000 for REO grants for Federal
Fiscal Years 2022 through 2026 at $15,000,000 per year. Pursuant to Section 70402(b) of
the BIL, the purpose of the competitive REO grant program is to improve the effectiveness of
residential and community recycling programs through public education and outreach; and
WHEREAS, in November 2022, the EPA issued the Guidelines and Proposal
Solicitation Package establishing the processes, procedures, and criteria that EPA will
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use to implement the Consumer Recycling Education and Outreach Grant Program
Program); and
WHEREAS, the Program will fund recycling education and outreach projects
intended to improve consumer recycling education, increase waste prevention activities,
increase collection of recyclable materials and program participation rates and decrease
contamination of the recycling stream; and focus on commonly recycled materials such
as municipal solid waste and provide tools and technical assistance that will lead to long-
term, sustained change and benefits; and
WHEREAS, the proposed project fits the criteria of the Program by informing the
public about residential and community recycling programs; provides information about
the recycled materials that are accepted as part of the recycling program to support the
separate collection of residential solid waste from recycled material; and increases
collection rates and decreases contamination in residential and community recycling
programs; and
WHEREAS, the DPU intends to apply for grant funding from EPA for the Program;
and
WHEREAS, the City has the legal authority and is authorized to enter into a funding
agreement with the EPA.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as
follows:
1. That pursuant and subject to all of the terms and provisions of the Bipartisan
Infrastructure Law under Section 70402(b) “Consumer Recycling Education and
Outreach Grant Program,” the City of Fresno Director of Public Utilities or designee is
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hereby authorized and directed to prepare and file an application for funding with the EPA
for the Program and take such other actions as necessary or appropriate to obtain grant
funding.
2. The City of Fresno Director of Public Utilities or designee is hereby
authorized and directed to execute the funding agreement, subject to approval as to form
by the City Attorney’s Office, with the Department of Public Utilities Solid Waste Division
and any amendments thereto.
3. The City of Fresno Director of Public Utilities or designee is hereby
authorized and directed to submit any required documents, invoices, and reports required
to obtain grant funding.
4. This resolution shall be effective upon final approval.
4 of 4
STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss.
CITY OF FRESNO )
I, TODD STERMER, City Clerk of the City of Fresno, certify that the foregoing
resolution was adopted by the Council of the City of Fresno at a regular meeting held on
the day of 2023.
AYES :
NOES :
ABSENT :
ABSTAIN :
Mayor Approval: , 2023
Mayor Approval/No Return: , 2023
Mayor Veto: , 2023
Council Override Vote: , 2023
TODD STERMER, CMC
City Clerk
By:
Date
Deputy
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By:
Angela M. Karst Date
Deputy City Attorney
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-227 Agenda Date:2/9/2023 Agenda #:
1.-U.
REPORT TO THE CITY COUNCIL
FROM:BROCK D. BUCHE, PE, PLS, Director
Department of Public Utilities
BY:JESUS A. GONZALEZ, PE, Assistant Director
Department of Public Utilities - Utilities Planning & Engineering
SAMUEL NADORES, Professional Engineer
Department of Public Utilities - Utilities Planning & Engineering
SUBJECT
Approve the Third Amendment to the consultant services agreement with Carollo Engineers, Inc., to
extend the term of the contract from January 31, 2023, to December 31, 2023, for professional
engineering services during construction for the Fresno-Clovis Regional Wastewater Reclamation
Facility Waste Gas Flare Improvement Project (Council District 3)
RECOMMENDATION
Staff recommends that City Council approve the Third Amendment to the consultant services
agreement with Carollo Engineers, Inc., (Carollo), to extend the term of the contract from January 31,
2023, to December 31, 2023, for professional civil engineering services during construction for the
Fresno-Clovis Regional Wastewater Reclamation Facility Waste Gas Flare Improvement (Project);
and authorize the Director of Public Utilities, or designee, to sign the Amendment on behalf of the
City of Fresno (City).
EXECUTIVE SUMMARY
A consultant services agreement was previously awarded to Carollo to provide professional
engineering services for the Project. Due to the delay in delivery of key components that have
extended the construction period, the Project also requires an extension to the consultant services
agreement to retain the necessary civil engineering support services during construction. The
effective date of the Third Amendment is January 31, 2023.
BACKGROUND
The City’s Regional Wastewater Reclamation Facility (RWRF) is a continuously operated secondary
treatment facility that handles over 68 million gallons of raw sewage effluent daily. One by-product
from the treatment of wastewater is biogas. When unable to be conditioned and delivered as
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from the treatment of wastewater is biogas.When unable to be conditioned and delivered as
renewable natural gas,excess biogas is burned in an existing on-site waste gas flare unit.The
current waste gas flare unit is at the end of its useful life and undersized for expected future waste
gas volumes.As such,the City is currently constructing new waste gas flare units that are
appropriately sized and should reduce emissions of nitrous oxide (NOx)and other harmful emissions
when compared to the current unit.Construction of the new waste gas flare units started March 9,
2022 and is currently anticipated to conclude on August 31, 2023.
On January 17,2019,the City entered into a consulting services agreement with Carollo for
professional civil engineering services for the design and construction support for the project with a
total amount of $906,350.On March 10,2021,the First Amendment extended the consultant services
agreement to March 31,2022,and increased the original contract amount of $906,350 by $24,681,
for a total contract amount of $931,031.
On December 14,2021,the Second Amendment extended the term of the agreement to January 31,
2023.The Third Amendment extends the term of the agreement to December 31,2023,to retain
Carollo’s services during construction through project completion,with an effective date of January
31, 2023.
The City Attorney’s Office has reviewed the Third Amendment and approved as to form.Upon
approval by the City Council,the Agreement will be executed by the Director of Public Utilities,or
designee.
ENVIRONMENTAL FINDINGS
Pursuant to the definition in CEQA Guidelines Section 15378,this is not a project for the purpose of
CEQA.
LOCAL PREFERENCE
Local preference does not apply to this action because this is an amendment to an existing
consultant services agreement.
FISCAL IMPACT
There is no impact to the General Fund.
Attachments:
Attachment 1 - Third Amendment to Agreement
Attachment 2 - Second Amendment to Agreement
Attachment 3 - First Amendment to Agreement
Attachment 4 - Original Agreement
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THIRD AMENDMENT TO AGREEMENT
THIS THIRD AMENDMENT TO AGREEMENT (Third Amendment) made and
entered into as of this 31st day of January, 2023, amends the Agreement entered into
between the CITY OF FRESNO, a California municipal corporation (City), and Carollo
Engineers, Incorporated, a Delaware Corporation (Consultant).
RECITALS
WHEREAS, the City and Consultant entered into an agreement, dated
January 17, 2019 (Agreement) to provide professional engineering services for the
design of the Waste Gas Flare Improvements at the Fresno-Clovis Regional Wastewater
Reclamation Facility for a total fee of $906,350; and
WHEREAS, a First Amendment to the Agreement was executed on
March 10, 2021, extending the term of the Agreement to March 31, 2022, and increasing
the Consultant’s compensation by an additional $24,681 for a total fee of $931,031, in
order to complete the expanded Scope of Work; and
WHEREAS, a Second Amendment to the Agreement was executed on
December 14, 2021 extending the term of the agreement to January 31, 2023; and
WHEREAS, the City and the Consultant desire to extend the term of the
Agreement to December 31, 2023, to retain the Consultant’s services through project
completion; and
WHEREAS, with entry into this Amendment, the Consultant agrees that the
Consultant has no claim, demands, or disputes against the City.
AGREEMENT
NOW, THEREFORE, the City and the Consultant agree that the aforesaid
Agreement be amended as follows:
1. The recitals set forth above are incorporated herein by reference and made
a part of this Third Amendment.
2. Section 2 of the Agreement is amended in its entirety to read as follows:
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 December 31, 2023, subject to any earlier termination in
accordance with this Agreement. The services of CONSULTANT as
described in Exhibit A are to commence upon CITY'S issuance of a written
Notice to Proceed." Work shall be undertaken and completed in a
sequence assuring expeditious completion, but in any event, all such
services shall be completed within 1810 consecutive calendar days from
such authorization to proceed.”
DocuSign Envelope ID: A6B88FDF-4E69-4D2F-A367-F6822A53843B
2
3. Except as otherwise provided herein, the Agreement entered into by the
City and the Consultant on January 17, 2019, remains in full force and
effect.
IN WITNESS WHEREOF, the CITY and the CONSULTANT have executed this
Third Amendment at Fresno, California, the day and year first above written.
CITY OF FRESNO,
a California municipal corporation
By:
Brock D. Buche, PE, PLS
Director
Department of Public Utilities
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By:
Jennifer M. Quintanilla Date
Senior Deputy City Attorney
ATTEST:
TODD STERMER, CMC
City Clerk
By:
Deputy Date
CAROLLO ENGINEERS, INC.,
a Delaware corporation
By:
Name:
Title:
If corporation or LLC., Board Chair,
Pres. or Vice Pres.)
By:
Name:
Title:
If corporation or LLC., CFO, Treasurer,
Secretary or Assistant Secretary)
DocuSign Envelope ID: A6B88FDF-4E69-4D2F-A367-F6822A53843B
Vice President
Paul Amico
2/1/2023
2/1/2023
Michael Barnes
Secretary
2/1/2023
Clerk Attesting
SECOND AMENDMENT TO AGREEMENT
THIS SECOND AMENDMENT TO AGREEMENT (Second Amendment) made
and entered into as of this ____ day of ____________, 2021, amends the Agreement
entered into between the CITY OF FRESNO, a California municipal corporation (City),
and Carollo Engineers, Incorporated, a Delaware Corporation (Consultant).
RECITALS
WHEREAS, City and Consultant entered into an agreement, dated January 17,
2019 (Agreement) to provide professional engineering services for the design of the
Waste Gas Flare Improvements at the Fresno-Clovis Regional Wastewater Reclamation
Facility for a total fee of $906,350; and
WHEREAS, a First Amendment to the Agreement was executed on March 10,
2021 (First Amendment), extending the term of the Agreement to March 31, 2022, and
increasing Consultant’s compensation by an additional $24,681 for a total fee of
931,031, in order to complete the expanded Scope of Work; and
WHEREAS, City and Consultant desire to extend the term of the Agreement to
January 31, 2023, to retain the Consultant’s services through project completion; and
WHEREAS, with entry into this Second Amendment, Consultant agrees that
Consultant has no claim, demands, or disputes against City.
AGREEMENT
NOW, THEREFORE, City and Consultant agree that the Agreement be
amended as follows:
1. The Recitals set forth above are incorporated herein by reference and made
a part of this Second Amendment.
2. Section 2 of the Agreement is amended in its entirety to read as follows:
2. Term of Agreement and Time for Performance. This Agreement
shall be effective from the date first set forth above and shall continue in full
force and effect through the earlier of complete rendition of the services
hereunder or January 31, 2023, subject to any earlier termination in
accordance with this Agreement. The services of CONSULTANT as
described in Exhibit A are to commence upon CITY'S issuance of a written
Notice to Proceed." Work shall be undertaken and completed in a
sequence assuring expeditious completion, but in any event, all such
services shall be completed within 1476 consecutive calendar days from
such authorization to proceed.”
3. Except as otherwise provided herein, the Agreement, remains in full force
and effect.
IN WITNESS WHEREOF, City and Consultant have executed this Second
Amendment at Fresno, California, the day and year first above written.
CITY OF FRESNO,
a municipal corporation
By:
Michael Carbajal, Director
Department of Public Utilities
APPROVED AS TO FORM:
DOUGLAS T. SLOAN
City Attorney
By:
Pauline Brickey Date
Deputy City Attorney
ATTEST:
BRIANA PARRA , CMC
Interim City Clerk
By:
Deputy Date
CAROLLO ENGINEERS, INC.,
a Delaware 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)
1
FIRST AMENDMENT TO AGREEMENT
THIS FIRST AMENDMENT TO AGREEMENT (Amendment) made and entered
into as of this ____ day of ____________, 2021, amends the Agreement entered into
between the CITY OF FRESNO, a California municipal corporation (City), and Carollo
Engineers, Incorporated, a Delaware Corporation (Consultant).
RECITALS
WHEREAS, City and Consultant entered into an agreement, dated January 17,
2019 (Agreement) to provide professional engineering services for the design of the
Waste Gas Flare Improvements at the Fresno-Clovis Regional Wastewater Reclamation
Facility for as total fee of $906,350; and
WHEREAS, City desires to expand scope of work including, but not limited to,
provide additional engineering services; and
WHEREAS, due to the need for additional services, the parties desire to increase
the total compensation by an additional $24,681 to complete the expanded Scope of
Work; and
WHEREAS, the City and the Consultant desire to extend the Agreement to March
31, 2022, to retain the Consultant’s services through project completion; and
WHEREAS, with entry into this Amendment, Consultant agrees that Consultant
has no claim, demands, or disputes against City.
AGREEMENT
NOW, THEREFORE, the City and the Consultant agree that the aforesaid
Agreement be amended as follows:
1. Exhibit A of the Agreement is amended to expand the scope of services
indicated in Exhibit A2, attached hereto and incorporated herein by reference.
2. Section 2 of the Agreement is amended in its entirety to read as follows:
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 March 31, 2022, subject to any earlier termination in
accordance with this Agreement. The services of CONSULTANT as
described in Exhibit A are to commence upon CITY'S issuance of a written
Notice to Proceed." Work shall be undertaken and completed in a
sequence assuring expeditious completion, but in any event, all such
services shall be completed within 1170 consecutive calendar days from
such authorization to proceed.”
3. Section 3(a) of the Agreement is amended in its entirety to read as follows:
a) 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 Nine-Hundred Thirty-One Thousand and Thirty-One
dollars ($931,031), paid on a time and materials basis is accordance with
the schedule of fees contained in the Agreement. Such fee includes all
2
expenses incurred by CONSULTANT in performance of the services.”
4. Except as otherwise provided herein, the Agreement entered into by the
City and the Consultant on January 17, 2019, remain in full force and effect.
SIGNATURES FOLLOW ON THE NEXT PAGE.]
3
IN WITNESS WHEREOF, the CITY and the CONSULTANT have executed this
Amendment at Fresno, California, the day and year first above written.
CITY OF FRESNO,
A municipal corporation
By:
Michael Carbajal, Director
Department of Public Utilities
APPROVED AS TO FORM:
DOUGLAS T. SLOAN
City Attorney
By:
Kristi M. Costa Date
Deputy City Attorney
ATTEST:
YVONNE SPENCE, CRM MMC
City Clerk
By:
Deputy Date
CAROLLO ENGINEERS, INC.,
A Delaware 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)
Attachment: Exhibit A2
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EXHIBIT A2
ADDITIONAL PROFESSIONAL SERVICES
Scope of Services
The consultant shall revise the final project plans and specifications for the Waste Gas Flare
project to the “original” naming convention on all equipment shown on the RWRF Piping and
Instrumentation Diagrams.
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-264 Agenda Date:2/9/2023 Agenda #:
1.-V.
APPOINTMENT
FROM: MIKE KARBASSI, Councilmember
City Council District 2
SUBJECT
Approve the reappointment of Edward Saliba to the Fresno-Madera Area Agency on Aging Board for
a term ending January 2, 2024.
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2/9/2023
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MK Absent.
Approved on Consent
City Council Agenda 2/9/2023
MAYOR JERRY DYER
NOTIFICATION OF APPOINTMENT BY MAYOR
TO BOARD OR COMMISSION
TO: City C ouncil
THROUGH: Todd Stermer, City Clerk
BY: Mayor Jerry Dyer
X Reappointment
New Appointment
Name of person replac ed: N/A
Name: Edward Saliba
Address:
Phone:
Appointed to: Fresno-Madera Area Agency on Aging Board
Term: Through 1/2/2024
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-102 Agenda Date:2/9/2023 Agenda #:
1.-W.
STAFF REPORT TO THE CITY COUNCIL
FROM:GARRY BREDEFELD, Councilmember
City Council District 6
SUBJECT
Approve the reappointment of Steven Bradley to the Bicycle and Pedestrian Advisory Committee
BPAC) for a term ending February 9, 2026
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2/9/2023
NE / MA 6-0
MK Absent.
Approved on Consent
NOTIFICATION OF APPOINTMENT TO
BOARD OR COMMISSION
TO: City Council
THROUGH: Todd Stermer, City Clerk
BY: Councilmember Bredefeld
X Reappointment
New Appointment
Name: Steven Bradley
Address:
Home Phone:
Appointed to: Bicycle and Pedestrian Advisory Committee
District 6 Appointee
Term ending: February 9, 2026
City Council Agenda 2/9/23
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-136 Agenda Date:2/9/2023 Agenda #:
1.-X.
REPORT TO THE CITY COUNCIL
FROM:LUIS CHAVEZ, Councilmember
District 5, City Council
SUBJECT
Approve the appointment of Vivian Del Toro to the Friends of Fancher Creek Committee to a term
which serves at the pleasure of the Councilmember.
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NE / MA 6-0
MK Absent.
2/9/2023
Approve on Consent
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-242 Agenda Date:2/9/2023 Agenda #:1.-Y.
APPOINTMENT FOR FEBRUARY 9, 2023
SUBJECT
Approve the appointment of Bryan Bird to the Bicycle and Pedestrian Advisory Committee (BPAC)
for a term ending February 9, 2026.
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MK Absent.
Approved on Consent
NOTIFICATION OF APPOINTMENT BY
COUNCILMEMBER NELSON ESPARZA
TO BOARD OR COMMISSION
TO:
THROUGH:
BY:
X__
Name:
Address:
Home Phone:
Business Phone:
Appointed to:
Term:
City Council
Todd Stermer, City Clerk
Councilmember Nelson Esparza
Reappointment
New Appointment
Name of person replaced:
Bryan Bird
Bicycle Pedestrian Advisory Committee
February 9, 2023 through February 9, 2026
City Council Agenda
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-223 Agenda Date:2/9/2023 Agenda #:
1.-Z.
REPORT TO THE CITY COUNCIL
FROM:TYLER MAXWELL, Council President
City Council District 4
SUBJECT
Resolution authorizing the dissolution of certain Council created Committees (Subject to Mayor’s
Veto)
Attachment:
Resolution
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R. 2023-034
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-157 Agenda Date:2/9/2023 Agenda #:
1.-AA.
REPORT TO THE CITY COUNCIL
FROM:TYLER MAXWELL, Council President
District 4, City Council
SUBJECT
RESOLUTION - Amending Rule 2 of the Council Rules of Procedure Relating to the Election of
Council President and Vice President
RECOMMENDATION
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R. 2023-035
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Date Adopted:
Date Approved:
Effective Date:
City Attorney Approval: ______
Resolution No.
RESOLUTION NO. ____________
A RESOLUTION OF THE COUNCIL OF THE CITY OF
FRESNO, CALIFORNIA, TO AMEND RULE 2 OF THE
COUNCIL RULES OF PROCEDURE RELATED TO THE
ELECTION OF COUNCIL PRESIDENT AND VICE
PRESIDENT
WHEREAS, on May 9, 2013, Council adopted the Rules of Procedure of the City
Council in Resolution No. 2013-65, to establish rules for the conduct of its proceedings;
and
WHEREAS, Council has amended the Rules of Procedure from time to time to
account for changes in practice or to clarify and conform to existing practice; and
WHEREAS, Council now wishes to amend Rule No. 2 to clarify that the selection
of Council President and Vice President shall be on a strictly rotational basis; and
WHEREAS, the proposed changes are in the interest of the Council’s conduct of
business of the City.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as
follows:
1. Rule No. 2, Election of Council President and Vice President, shall be
amended as follows:
a. The officers of the Council shall consist of the President of the
Council (Council President) and Vice President. A
Councilmember must have served on the Council for at least
one year immediately preceding the selection to be eligible to
serve as Council President. No Councilmember shall be
eligible for two consecutive terms as Council President. Each
year at the first meeting in January, the Council shall select a
Council President and Vice President [strictly] on a rotational
basis.
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b. The Councilmember who served as Vice President the
previous year shall serve as Council President. The
Councilmember whose District Number immediately follows
that of the Council President, by increasing numerical order,
shall serve as Vice President. The Vice President is identified
as Acting President in the Charter. However, the Council, by
majority vote, may vary from the rotation.
c. Whenever the office of Council President or Vice President
rotates to a Councilmember who is not eligible to hold office
or who desires not to serve, the office shall rotate to the next
eligible Councilmember by Council District, in increasing
numerical order. Any vacancy in office shall also be filled in
the same fashion, by rotating the office to the next eligible
Councilmember by Council District, in increasing numerical
order.
2. The Council Rules shall be adopted as revised and attached as Exhibit A.
The procedures are in addition to, and not in place of, applicable ordinances and statutes.
In the event of conflict between any part of this resolution and applicable ordinances and
statutes, the latter shall govern.
3. This resolution shall become effective and in full force upon final passage.
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STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss.
CITY OF FRESNO )
I, TODD B. STERMER, City Clerk of the City of Fresno, certify that the foregoing
resolution was adopted by the Council of the City of Fresno, at a regular meeting held
on the day of , 2023.
AYES :
NOES :
ABSENT :
ABSTAIN :
TODD B. STERMER, CMC
City Clerk
By:
Deputy
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By:
Raj Singh Badhesha Date
Chief Assistant City Attorney
Attachment: Exhibit A
RULES OF PROCEDURE
FOR THE CITY COUNCIL
OF THE
CITY OF FRESNO
Adopted as Amended
2023
Amended December 10, 2020
TABLE OF CONTENTS
Page Nos.
RULE NO. 1
Effect of Rules ...................................................................................................... 1
RULE NO. 2
Election of Council President and Vice President ................................................. 1
RULE NO. 3
Duties of Council President and Vice President ................................................... 2
RULE NO. 4
Council President to Serve as Presiding Officer ................................................... 2
RULE NO. 5
Meetings ............................................................................................................... 3
RULE NO. 6
Council Agenda .................................................................................................... 4
RULE NO. 7
Order of Business ................................................................................................. 6
RULE NO. 8
Voting Process ..................................................................................................... 7
RULE NO. 9
Quorum, Majority Votes, and Supermajority Votes ............................................... 7
RULE NO. 10
Public Comment ................................................................................................... 8
RULE NO. 11
Written Correspondence ..................................................................................... 11
RULE NO. 12
Order and Decorum ............................................................................................ 11
RULE NO. 13
Disclosure of Conflict of Interest ......................................................................... 12
RULE NO. 14
Motions ............................................................................................................... 13
RULE NO. 15
Reconsideration .................................................................................................. 14
Amended December 10, 2020
RULE NO. 16
Public Hearings .................................................................................................. 15
RULE NO. 17
Quasi-Judicial Hearings and Individual Contacts................................................ 15
RULE NO. 18
Continuances...................................................................................................... 16
RULE NO. 19
Priority of Business ............................................................................................. 16
RULE NO. 20
Councilmember Reports and Comments ............................................................ 16
RULE NO. 21
Closed Sessions ................................................................................................. 17
RULE NO. 22
Questions of Order and Appeals to Rulings of Chair .......................................... 18
RULE NO. 23
Boards, Commissions, and Committees of the Council ...................................... 18
RULE NO. 24
Mayoral Committee Appointments ...................................................................... 19
RULE NO. 25
Council Appointments of Councilmembers to Committees ................................. 19
RULE NO. 26
News Media ........................................................................................................ 20
RULE NO. 27
Access to the Dais .............................................................................................. 20
Amended ___________, 2023
Page 1
RULES OF PROCEDURE FOR
THE CITY COUNCIL OF THE CITY OF FRESNO
RULE NO. 1
EFFECT OF RULES
a. These Rules of Procedure shall govern the conduct of all Fresno City Council
meetings and all City public meetings except those boards or bodies that have
adopted their own bylaws or rules of procedure. Unless superseded or prohibited
by state or city law, these Rules may be suspended by the affirmative vote of two-
thirds of the entire membership of the Council. The suspension shall be in effect
for the duration of one meeting only.
b. To the extent a matter is not covered by these Rules, the Presiding Officer, in
consultation with the City Attorney, may make a ruling. Any such ruling may not
violate mandatory Charter, the Fresno Municipal Code (“FMC”), or statutory
provisions that may govern a particular matter.
c. If any rule contained herein is in conflict with the provisions of the Charter or FMC,
such rule shall be deemed invalid or modified to conform to the Charter or FMC.
Such invalidity shall not affect other rules contained herein which can be given
effect without the invalid rule, and to this end these rules are severable.1
d. Any deviation from these Rules of Procedure shall not, alone, invalidate the
approval of any matter.
RULE NO. 2
ELECTION OF COUNCIL PRESIDENT AND VICE PRESIDENT
a. The officers of the Council shall consist of the President of the Council (Council
President) and Vice President. A Councilmember must have served on the
Council for at least one year immediately preceding the selection to be eligible to
serve as Council President. No Councilmember shall be eligible for two
consecutive terms as Council President. Each year at the first meeting in January,
the Council shall select a Council President and Vice President on a [strictly]
rotational basis.
b. The Councilmember who served as Vice President the previous year shall serve
as Council President. The Councilmember whose District Number immediately
follows that of the Council President, by increasing numerical order, shall serve as
Vice President. The Vice President is identified as Acting President in the Charter.
However, the Council, by majority vote, may vary from the rotation.
c. Whenever the office of Council President or Vice President rotates to a
Councilmember who is not eligible to hold office or who desires not to serve, the
office shall rotate to the next eligible Councilmember by Council District, in
increasing numerical order. Any vacancy in office shall also be filled in the same
fashion, by rotating the office to the next eligible Councilmember by Council
District, in increasing numerical order.
1 Fresno Municipal Code § 2-318
Amended ___________, 2023
Page 2
RULE NO. 3
DUTIES OF COUNCIL PRESIDENT AND VICE PRESIDENT
a. In addition to serving as Presiding Officer at Council meetings, it shall be the duty
of the Council President:
1. To sign all instruments requiring execution or agreement by the Council.
2. To serve as the chief spokesperson and representative for the Council for
matters before the public, the state and federal governments, and the City
Administration.
3. To develop an Annual Calendar of events to include, but not restricted to
council meetings, recesses, special meetings, holidays, etc.
4. To delegate by administrative directive any of the duties assigned to the
Council President.
5. To assist in preparing the Council meeting agenda.
6. To administer assignment of Council offices. Each December of an even
numbered year prior to Councilmembers vacating offices and newly elected
Councilmembers taking office, or at such other time as a Council office may
become vacant, the assignment of Councilmember offices shall take place
as follows: (1) each Councilmember may remain in the then current office,
if desired; (2) offices to become vacant shall be assigned on a seniority
selection basis, with seniority determined by the greatest length of current
continuous service as a Councilmember; in the event of a tie, two or more
Councilmembers having been sworn in and taking office on the same day,
a coin flip shall decide seniority for this purpose.
7. To assign seats on the dais. Councilmembers shall be assigned seats on
the dais in order of Council District, with District 1 next to the City Clerk and
District 7 next to the City Manager, but the Council President seated in the
center position, except as may be otherwise assigned by the Council
President.
b. It shall be the duty of the Vice President:
1. To serve with the Council President as spokesperson and representative
for the Council.
2. To assist the Council President in anticipating issues and problems
deserving or in need of special meetings.
3. In the absence of the Council President, the Vice President shall exercise
the duties and powers of the Council President.
RULE NO. 4
COUNCIL PRESIDENT TO SERVE AS PRESIDING OFFICER
a. The Council President shall be the Presiding Officer of the Council. In the absence
of the Council President, the Vice President shall preside over the Council. In the
absence of the Vice President, the Councilmember next in Council District
Amended ___________, 2023
Page 3
numerical rotation who is present shall preside until the return of one of the regular
officers. For City public meetings other than Council meetings, the Presiding
Officer shall be the individual designated by the City.
b. It shall be the duty of the Presiding Officer:
1. To open all meetings of the Council at the appointed hour by taking the chair
and calling the Council to order.
2. To call for the approval of the minutes.
3. To maintain order and proper decorum.
4. To announce the business before the Council in the order prescribed by
these rules.
5. To receive and submit all matters properly brought before the Council, to
call for votes upon the same, and to announce the results.
6. To make known all Rules of Procedure when so requested, and to decide
all questions of order and procedure; all rulings of the Presiding Officer are
subject to an appeal of the Council, and may be overruled by majority vote.
7. To preside at all closed sessions of the Council.
8. To perform such other duties as may be required by law or as may pertain
to such office.
9. To provide for health and safety measures at public meetings during times
of declared viral emergency; such rules may consist of, but shall not be
limited to:
a) All City public meetings, including but not limited to Planning
Commission and Council meetings, shall be conducted electronically (web
and telephone). The City Information Services Department shall coordinate
with the City Clerk and fully implement all feasible measures to allow for
remote participation for City officials and the public.
b) The Council chambers shall be closed. All City officials and
employees may participate electronically.
c) The Presiding Officer may provide any further direction before or
during the meeting to minimize health and safety risks and accommodate
participation.
d) Public comment shall be limited to three minutes per person, subject
to reduction as set forth in Rule 10, and City officials are encouraged to be
brief and speak no more than once per topic, except Charter officials. To
facilitate electronic access, no person shall speak until recognized by the
Presiding Officer.
RULE NO. 5
MEETINGS
a. Regular meetings of the Council will be held each Thursday at 9:00 a.m. in the
Council Chambers of City Hall. The time, date, or place of a regular meeting may
Amended ___________, 2023
Page 4
be altered as published in the Council Agenda.
b. Each year in December, Council shall adopt its annual calendar of regular
meetings for the following 12 months. The calendar may be amended by Council
minute resolution.
c. Special meetings of the Council may be called at any time by the Council President
or, in his/her absence, by the Vice President. A special meeting may also be called
by four members of the Council. A minimum of twenty-four hours notice of any
special meeting shall be given in accordance with the Ralph M. Brown Act ("Brown
Act").2
d. All meetings of Council shall be held in open session unless expressly authorized
as closed sessions under the Brown Act.3
e. Emergency meetings may be held upon a finding by a majority vote of the Council
that an emergency situation exists due to work stoppage, a crippling disaster, or
other activity that severely impairs public health or safety. Council may convene
emergency meetings without complying with the twenty-four hour notice and
posting requirement for special meetings provided the City complies with all
provisions of the Brown Act4 and other applicable law.
f. 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. A regular meeting may also be canceled by the
Council President if the Council President has been provided information indicating
there will not be quorum in attendance at a scheduled Council meeting.
RULE NO. 6
COUNCIL AGENDA
a. The Councilmembers, Mayor, City Manager, City Clerk, and City Attorney may
place items on a Council Agenda, as provided herein; the sponsor(s) of each item
shall be identified on the Council Agenda.
b. All proposed resolutions, ordinances, and contracts shall be approved as to form
by the City Attorney's Office prior to placement on the Council Agenda. All
contracts shall be signed by the non-City party unless the contract is: (1) with
another public agency; (2) a complete standardized contract included in an RFP
that is not subject to negotiation; or (3) is a construction contract based upon bid
specifications in which final details are completed after Council approval.
c. Each Councilmember shall place no more than two items on the Agenda. Consent
items and proclamations are excepted from this rule. There shall be no more than
four proclamations per meeting, and they shall be placed on the Agenda on a first-
come-first-served basis.
2 Government Code §§ 54956. Fresno Municipal Code § 2-302
3 Government Code §§ 54954.5. Fresno Municipal Code § 2-308
4 Government Code § 54956.5
Amended ___________, 2023
Page 5
d. The general rule is to limit timed items to public hearings as defined in Rule 16.
Any requests for a timed item shall be submitted to the City Clerk by 2:00 p.m. of
the fifth business day prior to the Council meeting. This will allow for approval by
the Council President per Rule 6g. Timed items may also be set at a Council
meeting.5
e. All matters to be included on the Agenda and all supporting documents, including
Powerpoint presentations, shall be submitted to the Council President and City
Clerk by 5:00 p.m. on the Thursday prior to the Council meeting.
f. The City Clerk shall immediately arrange a list of such matters according to the
order of business as determined by these rules. In the interests of efficiency, the
City Clerk shall, unless directed otherwise by the Council President, group items
within the General Administration or Timed items together by sponsor or affected
official or department.
g. The Council President, City Clerk, City Manager, and City Attorney shall meet prior
to the printing of the final agenda to ensure the agenda is not overly congested
and agenda items are appropriately worded to meet Brown Act requirements. All
final decisions on matters regarding the agenda shall reside with the Council
President. The City Clerk shall notify affected Councilmembers or departments of
any changes prior to the issuance of final agenda.
h. The City Clerk shall furnish each member of the Council, the Mayor, the City
Manager, the City Attorney, and department directors with a copy of the agenda
prior to the Council meeting as far in advance of the meeting as time permits.
i. No item shall be placed on the Council Agenda except in accordance with the
Brown Act,6 the Fresno Municipal Code, and these Rules.
j. The City Clerk shall post and prepare the Agenda in accordance with the
Brown Act.7
k. The City Clerk may arrange for members of the public to comment upon Council
Agenda items electronically (“E-Comments”). If implemented, the electronic
comments shall be subject to the following provisions:
1. Commenters shall provide their true name and they may provide their
address.
2. E-Comments shall be posted publicly for all to view;
3. E-Comments shall be restricted to one comment per person per Agenda
item, and contain no more than 700 characters each, in plain text, with no images
or attachments;
4. Any E-Comments containing profanity, physical threats, personal
information about any other individual, or that are irrelevant to the topic or
pertaining to any matter outside the Council’s jurisdiction shall be deleted by the
5 Fresno Municipal Code § 2-303(a)
6 Government Code §54950 et seq.
7 Government Code §§ 54950 et seq., as amended. Fresno Municipal Code § 2-303(b)
Amended ___________, 2023
Page 6
City Clerk, and the City Clerk, in consultation with the Council President, shall
prohibit further E-Comments by individuals with repeated violations. The City
assumes no liability for removed E-Comments or restricting access to violating
individuals.
5. E-Comment users shall be required to agree to a terms of use policy prior
to commenting. A disclosure shall be approved by each person upon agreeing to
use E-Comments acknowledging the E-Comments may or may not be viewed by
Council or other City officials;
6. E-Comments shall not be permitted for the following: (a) Agenda items that
would not ordinarily be subject to public comment at a Council meeting, for
example, proclamations, approving minutes and agenda, procedural issues, or
workshops. (b) Land use or CEQA items. (c) unscheduled communication.
7. E-Comments shall be closed as to a particular Council meeting 24 hours in
advance of the scheduled start of the meeting;
8. The City Clerk shall collate and provide E-Comments to the Council by
12:00 p.m. the day before the Council meeting.
9. The Council President is authorized to implement further regulations of E-
Comments consistent with these Rules.
RULE NO. 7
ORDER OF BUSINESS
a. The general order of business will be as follows, unless the Council President
determines the order for a particular meeting or item needs to be modified:
1. Roll Call
2. Invocation
3. Flag Salute
4. Announcement of removal of items by the originating party or requests to
continue items
5. Approval of Agenda
6. Approval of Minutes
7. Awards, proclamations, and honorary resolutions
8. Councilmember Reports and Comments
9. Consent Calendar
10. Contested Consent Items
11. Timed Hearings and Matters
12. General Administration Items
13. Councilmember Items
14. Closed Session - typically heard at 1:30 p.m.
15. Closed Session Announcements
16. Joint Meetings with other agencies
17. Public Comment Period (not timed)
a. Scheduled
b. Unscheduled
18. Adjournment
Amended ___________, 2023
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b. The Public Comment Period includes Scheduled and Unscheduled
Communications. A speaker may request a timed item under Scheduled
Communications which will be set under Rule 10.
c. Council will generally recess from 12 noon to 1:30 p.m. for lunch.
d. A workshop may be placed on the Agenda from time to time, for informational
purposes only. During a workshop, public comment is generally not permitted,
subject to the discretion of the Presiding Officer to open the matter to public
comment. Council may also invite one or more speakers to address the item, with
or without time limits.
e. Timed items will generally be heard at or later than the time stated on the Agenda.
Untimed items may be called by the Presiding Officer at any time during the
meeting.
RULE NO. 8
VOTING PROCESS
a. Every vote taken by the Council in open session shall be by open ballot. To
register a vote on an item, a Councilmember must be physically present while the
vote is being taken or participating in the meeting by teleconference as permitted
by the Brown Act.
b. There shall be four methods of counting the votes of the Council: by electronic
vote; by a call of the roll of the members and a record made by the City Clerk of
the vote of each member; by a voice vote; or by unanimous consent. To inquire of
the Council’s consent, the Council President shall ask the Council if there is any
objection or opposition to the proposed action; if no objection or stated opposition,
the proposed action stands.
c. The Presiding Officer shall determine the method for voting unless requested
otherwise by a member of Council.
d. Unless a present Councilmember states he or she is not voting, silence shall be
recorded as an affirmative vote.8
e. The City Clerk shall record each vote and each abstention in the Minute Book and
announce the result to the Council.
f. Whenever the yes and no votes are called, a Councilmember shall not be
permitted to explain a vote or an abstention without the unanimous consent of the
Council. After the announcement of the result, a Councilmember shall not be
permitted to vote or to change a vote or an abstention, except as provided in
paragraph (g) below or in the case of a motion to reconsider as set forth in Rule
15.
g. Unless any Councilmember calls for separate votes in advance, any item on the
Agenda with related sub-parts shall be treated as one agenda item and voted on
in one motion. If the item and sub-parts receive sufficient votes for approval of
some, but not all sub-parts, at the immediate request of any Councilmember, the
8 Fresno Municipal Code § 2-313
Amended ___________, 2023
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first vote shall be nullified and Council shall then immediately, without discussion,
vote on each item separately.
h. For purpose of Charter Section 605, each proposed resolution or ordinance voted
on by the Council that is not approved by the Council and each ordinance or
resolution adopted by Council shall be transmitted to the Mayor within forty-eight
hours; if the forty-eight hours ends on a weekend or holiday, the time shall roll over
to the next business day.
RULE NO. 9
QUORUM, MAJORITY VOTES, AND SUPERMAJORITY VOTES
a. A majority of the entire membership of the Council shall constitute a quorum. A
quorum must be present to begin a Council meeting, for any vote to be taken, or
during any portion of a noticed public hearing.
b. A vote of the majority of the quorum shall be sufficient to take action except where
the Charter, FMC, or other applicable law requires a greater vote.
c. An Ordinance must receive at least four affirmative votes for adoption.
d. Matters requiring a supermajority vote (at least five affirmative votes) shall be
identified as such on the Agenda, and shall include, but are not limited to:
1. Adoption of an emergency ordinance necessary for preserving the public
peace, health or safety, that contains a statement of reasons for the
urgency, may be introduced, adopted, and take effect on the same date.9
2. Adoption of a resolution of necessity for a proposed taking of property by
power of eminent domain.10
3. Award of contract without competitive bidding if deemed by the Council to
be of urgent necessity for the preservation of life, health or property and if
such award is made by resolution declaring such facts.
4. Adoption of an appropriation amendment to the City Budget.11
5. Council override vote of a Mayoral veto.12
RULE NO. 10
PUBLIC COMMENT
a. Citizens have the right to present grievances or offer suggestions for the
betterment of municipal affairs at any regular meeting of the Council.13
b. At any special meeting of the Council, the public has a right to speak on any item
listed on the Council Special Meeting Agenda within the time limits described
9 Charter § 603
10 Civil Code § 1245.240
11 Charter § 1206
12 Charter § 609
13 Charter § 506
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below. The public shall not have the right to address the Council on matters not
listed on the Council Special Meeting Agenda.
c. The public has a right at every regular meeting to provide oral testimony in
accordance with the Brown Act and Charter Section 506, subject only to the
following:
1. Action Items.
a) Each speaker shall limit his or her remarks on any action item listed
on a Council Agenda to three minutes (hereinafter “public comment
period”).14 A speaker’s time may not be transferred, reserved, or
combined with another speaker’s time.
b) The public comment period may be extended by the Presiding
Officer.
c) In situations in which more than 20 people wish to speak on an item,
the Presiding Officer may place reasonable limits on the public
comment period, including reducing the time allotted to each speaker
to two minutes and/or a specific time limit for the total presentation.
Such time limits shall allow for full discussion of the item by interested
parties or their representative(s). The purpose of this limitation is to
ensure the Council can address its agenda and avoid repetitious
presentations.
2. Consent Calendar.
a) Items on the Consent Calendar are considered routine, not
controversial, and are treated as one agenda item. Public comment
on the Consent Calendar shall be limited to three minutes per
speaker, and comments shall be limited to discussion of those items
on the Consent Calendar.
b) A Councilmember may remove (“pull”) a specific item from the
Consent Calendar for separate discussion. Councilmembers may
also record a “no” vote or abstention as to one more items on the
Consent Calendar in advance of the vote. Council may then approve
the Consent Calendar by one motion.
c) Items removed for separate discussion by Councilmembers will be
heard under “Contested Consent.” The Council may hear public
comment on Contested Consent items at the time that item is heard.
d) Generally, ordinance amendments approved by the Council at
introduction at one meeting shall be placed on the Consent Calendar
for final adoption at a subsequent meeting (noting, however, the
Council may, but is not required to, vote on an ordinance at
introduction).
3. Scheduled and Unscheduled Communications.
14 Fresno Municipal Code § 2-312.
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a) A member of the public may address the Council on any item of
interest within the subject matter jurisdiction of the Council, under
Scheduled or Unscheduled Communications. Public comment shall
be limited to three minutes. The Presiding Officer or Council may
limit the total testimony under this section of the agenda to one hour.
Councilmembers may ask follow up questions of any speaker and
make brief comments at that time.
b) Scheduled Communications are provided as a courtesy and matter
of convenience to the public. Requests for Scheduled
Communications are to be submitted to the City Clerk at least
10 days in advance on the form provided by the City Clerk’s office.
To maintain orderly conduct of Council meetings, a speaker may
address the Council under either Scheduled or Unscheduled
Communications, but not both. The Council President, in
consultation with the City Attorney, may deny a request for a
Scheduled Communication, if the communication has become
repetitive.
c) Council may not take action on Scheduled and Unscheduled
Communications except to place the matter on a future agenda.
d. Speakers shall confine their remarks to those which are relevant to the subject
under consideration and are encouraged to present new evidence and points of
view not previously considered, to avoid repetition of statements made by previous
speakers. This is a time for speakers to make their remarks, not ask questions or
engage with officials on the dais; nonetheless, if speakers do have questions,
Council may direct that a staff member meet with the speaker following the
speaker’s remarks. Any speaker or member of the audience the Presiding Officer
declares out of order may be given one warning, and then if the conduct continues,
that person shall be removed from the Council chambers. Out of order may consist
of, for example, continuing to speak after the time for speaking has expired,
speaking on a topic not before the Council at that time, speaking out from the
audience, or causing any other disruption of the meeting.
e. Each person addressing the Council shall step up to the microphone, give his or
her name and address for the Council in an audible tone of voice for the record.15
f. In addition to oral testimony, any person may petition the Council. Petitions and
other matters shall be in writing, signed by the petitioners or persons presenting
them. All petitions shall be made part of the official records kept by the City Clerk.
g. Alternative methods of addressing the Council shall be allowed for persons who
do not speak English or with disabilities. Requests for accommodation should be
made with the City Clerk at least three business days in advance of the meeting.16
To maintain clarity and accuracy of the public record, when a City-provided
interpreter is present, public comments or discussion on the record shall be
15 Fresno Municipal Code § 2-312
16 Fresno Municipal Code § 2-312
Amended ___________, 2023
Page 11
translated by the City appointed interpreter. The translation may be summary of
the speaker’s comments, unless a Councilmember or the speaker desires
otherwise or the matter is a noticed public hearing.
h. A speaker addressing the Council through an interpreter shall be granted twice the
allotted time for comment (generally, six minutes) to ensure non-English speakers
the same opportunity to directly address the Council, unless simultaneous
translation equipment is used.
i. If City officials or staff believes an interpreter is likely to be necessary for an item
that is contentious, high profile, or specifically affecting a large number of non-
English speakers, staff should timely arrange with the City Clerk to have an
interpreter available when the item is heard by the Council. Interpreters shall be
selected from the Judicial Council’s Master List of Certified and Registered Court
Interpreters.
RULE NO. 11
WRITTEN CORRESPONDENCE
a. Any written communication relating to a matter pending, or to be brought before
the Council shall, whenever possible, be included in the agenda packet for the
meeting at which such item is to be considered. If received after the delivery of
the agenda packet, it shall be distributed to Council as soon as practicable after
receipt. The City Clerk shall also have copies available for requests by members
of the public.
b. Letters of appeal from administrative or commission decisions shall be processed
under applicable provisions of the FMC or other applicable laws.
c. Unless otherwise required by law to be accepted by the City at or prior to a Council
meeting or hearing, no documents shall be accepted for Council review unless
they are submitted to the City Clerk at least 24 hours prior to the Council Agenda
item being heard. Nonetheless, the Presiding Officer shall retain discretion to
accept additional documents at or prior to the time the Council Agenda item is to
be heard. The City Clerk shall note the 24 hour submittal requirement on the
Council Agenda.
RULE NO. 12
ORDER AND DECORUM
a. While the Council is in session, the Councilmembers must preserve order and
decorum. A Councilmember shall neither by conversation or otherwise, delay or
interrupt the proceedings or the peace of the Council nor disturb any
Councilmember while speaking or refuse to obey the orders of the Council or its
Presiding Officer, except as otherwise herein provided. No person shall be
permitted to interrupt a speaker who has the floor, except for a Councilmember to
raise a question of order.17
b. A Councilmember or other person properly before the Council shall address the
17 Fresno Municipal Code § 2-314(a).
Amended ___________, 2023
Page 12
Presiding Officer, be recognized before proceeding, and confine remarks to the
question under discussion.18
c. If a Councilmember or other person, in speaking or otherwise, transgresses these
rules, the Presiding Officer or any Councilmember may raise a question of order.
The Presiding Officer shall then decide the question of order without debate. In
addition, the Presiding Officer may call for the sense of the Council on any question
of order.
d. Whenever any person is called to order while speaking, such person shall be in
possession of the floor after the question of order is decided, and may proceed
with the matter under the discussion within the ruling made on the question of
order.
e. No person, except authorized City officials and their representatives, may be
permitted beyond the podium in the Council Chambers without the express
consent of the Council.19
f. Any person who willfully engages in conduct which is designed to or is likely to
provoke others to violent or riotous behavior, disturbs the peace of the meeting by
loud and unreasonable noise, engages in other disruptive conduct which
substantially interferes with the orderly conduct of business before the Council,
and who fails, upon request of the Presiding Officer to cease such activity, shall be
forthwith barred from further attendance at such meeting unless permission to
and/or address the Council is granted by a majority vote of the Council. A person
violating this subsection shall be guilty of a misdemeanor.20 Graphic or potentially
offensive images, video, or discussion shall be preceded by a disclaimer, allowing
for sensitive or objecting individuals to exit for that portion of the presentation; see
also Rule 22.
g. The Chief of Police, or such member(s) of the Police Department as he or she may
designate, shall be sergeant-at-arms of the Council meetings, and shall be in
attendance when requested by the Presiding Officer. The sergeant-at-arms shall
carry out all orders and instructions given by the Presiding Officer for the purpose
of maintaining order and decorum at the Council meeting. Upon instructions of the
Presiding Officer, the sergeant-at-arms may place any person who engages in
conduct in violation of these Rules, under arrest, and cause him or her to be
prosecuted under the provisions of this Rule and the Fresno Municipal Code, the
complaint to be signed by the Presiding Officer.21
RULE NO. 13
DISCLOSURE OF CONFLICT OF INTEREST
a. The Political Reform Act prohibits any public official from making, participating in
making, or in any way attempting to use his or her official position to influence a
18 Fresno Municipal Code § 2-312
19 Fresno Municipal Code § 2-315
20 Fresno Municipal Code § 2-314(b)
21 Fresno Municipal Code § 2-314(c)
Amended ___________, 2023
Page 13
governmental decision in which the public official knows or has reason to know he
or she has a financial interest.22
b. A public official who holds an office specified in Government Code Section 87200,
and who has a disqualifying financial interest in a decision, shall identify the conflict
of interest or potential conflict of interest, and immediately prior to the consideration
of the matter, do all of the following:
1. Publicly identify the financial interest that gives rise to the conflict of interest
or potential conflict of interest in detail sufficient to be understood by the
public.
2. Recuse himself or herself from discussing and voting on the matter, or
otherwise acting in violation of Government Code Section 87100.
3. Leave the room until after the discussion, vote, and any other disposition of
the matter is concluded, unless the matter has been placed on the portion
of the agenda reserved for uncontested matters.23
c. Public officials who must comply with this Rule include, but are not limited to,
members of the Council, the Mayor, City Manager, City Attorney, City Controller,
City Clerk, and public officials who manage public investments.24
RULE NO. 14
MOTIONS
a. Only Councilmembers, or duly appointed members of boards sitting with the
Council, may make Motions. Motions and amendments may be verbal, but shall
be reduced to writing, if requested by the Presiding Officer. The City Clerk shall
record all motions and read them back when requested. Upon request, the City
Attorney shall assist in the formation of motions.
b. There are three motions that are most common and are usually subject to debate:
1. The main motion. This motion puts forward a substantive decision for
Council consideration. Only one main motion may be on the floor at one
time.
2. The motion to amend. This motion seeks to modify the main motion before
the Council. A motion to substitute a motion with another motion shall be
treated as a motion to amend. Only one motion to amend may be on the
floor at one time, unless the Presiding Officer allows Councilmembers to
state two or more motions to amend, which may be accumulated and then
voted upon in series in the order made. All motions to amend shall be
resolved prior to voting on the main motion.
3. The procedural motion. This motion is to address a rule of procedure,
postpone, or take some other action. Procedural motions take priority over
main motions and motions to amend. Only one procedural motion may be
22 Government Code § 87100
23 Government Code § 87105
24 Government Code § 87200
Amended ___________, 2023
Page 14
on the floor at one time. A “point of order” may be raised at any time,
interrupting a speaker when recognized by the Presiding Officer, to make a
procedural motion.
c. Any motion that does not receive a second shall die, and then another motion may
be made.
d. The following common procedural motions shall be handled as follows:
1. Motion to adjourn. This motion, if passed, requires the Council to
immediately adjourn to its next regularly scheduled meeting. It is not subject
to debate and requires a majority vote. It is the highest priority motion.
2. Motion to recess. This motion, if passed, requires the Council to
immediately recess. The Presiding Officer determines the length of the
recess. It is not subject to debate and requires a majority vote.
3. Motion to fix the time to adjourn. This motion, if passed, requires the Council
to adjourn the meeting at a specific time set in the motion. It is not subject
to debate and requires a majority vote.
4. Motion to table. This motion, if passed, requires the discussion of the
agenda item to be halted and the agenda item placed on hold. The motion
can contain a specific time in which the item can come back to Council. If
the motion does not contain a specific time for the return of the item, a
motion to take the item off the table will have to be taken at a future meeting
to bring it back to the Council. A motion to table or to bring it back to the
Council requires a simple majority vote.
5. Motion to continue. This motion, if passed, requires the item to be
withdrawn from the Agenda at that time and postponed either indefinitely or
to a certain time and/or date, or to a time later in that meeting, as stated in
the motion. A motion to continue is debatable and requires a simple
majority vote.
6. “Friendly Amendment.” This is a “request,” rather than a formal motion. The
speaker asks whether the maker of the main motion would agree to amend
the motion, as suggested. If agreed, and if the member providing the
second also agrees, or another second is offered, then the main motion is
replaced with the amended motion. If an offer for a “friendly amendment” is
rejected, then a formal motion to amend may be made.
RULE NO. 15
RECONSIDERATION25
a. A motion to reconsider any action taken by the Council may be made only on the
day such action was taken. It may be made either immediately during the same
session, or at a recessed or adjourned session thereof. Such motion must be
made by one of the prevailing side, but may be seconded by any member, and
may be made at any time and have precedence over all other motions or while a
member has the floor; it shall be debatable. Nothing herein shall be construed to
25 Fresno Municipal Code § 2-310(e)
Amended ___________, 2023
Page 15
prevent any member of the Council from making or remaking the same or any
other motion at a subsequent meeting of the Council so long as the ability to make
such motion meets the requirements of applicable laws.
b. Notwithstanding this rule, when the Mayor makes a written request for Council
reconsideration in accordance with Article 3 of Chapter 2 of the Fresno Municipal
Code and Charter Section 605(d), the Council shall reconsider such request.
RULE NO. 16
PUBLIC HEARINGS
a. Public hearings are matters that require a notice by publication or mail and are to
be heard on a set date and time.
b. Order of Proceedings. Generally, public hearings shall be conducted in the
following order:
Hearing Opened
Staff Report
Presentation by Proponent, Applicant or Appellant
Questions of Proponent, Applicant or Appellant by Council and/or Staff
Public Testimony
Hearing Closed
Discussion by Council
Action by Council
c. Notwithstanding the public comment period in Rule 10, a project or entitlement
applicant/appellant shall have such time necessary for a fair and reasonable oral
testimony or presentation in connection with the particular Noticed Public Hearing
item. In general, this time limit shall be set at 10 minutes.
d. No main motions may be made until a hearing is closed for public comment.
e. Testimony after Closure of Hearing. Once the hearing has been closed, no
additional public testimony will be taken without a majority vote of the Council to
reopen the hearing, even in cases where the item is continued to a future date for
Council consideration. However, after the hearing has been closed, the Council
may direct questions to the applicant, or any other person who has testified during
the hearing, and receive their answers, which shall be deemed to be part of the
record of testimony at the hearing. In the event public testimony is reopened to
allow additional information or additional speakers, the Council shall permit a
reasonable time for rebuttal.
RULE NO. 17
QUASI-JUDICIAL HEARINGS AND INDIVIDUAL CONTACTS
a. Fair hearings are required in quasi-judicial matters. Quasi-judicial hearings shall
be conducted in accordance with the principles of due process, and the City
Attorney shall advise the Council in this regard.
b. Examples of quasi-judicial hearings include applications and revocations of
variances, site plans, and conditional use permits (“CUPs”); resolutions of
necessity of eminent domain actions; appeal of competitive bid awards, card room
Amended ___________, 2023
Page 16
permit appeals.
c. Except as set forth herein, no member of the Council shall discuss or listen to
discussion of the facts of any quasi-judicial matter while such matter is pending
before the Council or any agency, board or commission thereof except at such
time as that matter comes before the Council at a Noticed Public Hearing.
d. Councilmembers shall not discuss with any member of the public the facts of any
such matter while such is pending before the Council or any agency, board or
commission.
e. Matters involving permits are pending before a City agency, board of commission
when an application for a permit has been filed with the appropriate City
department.
RULE NO. 18
CONTINUANCES
In addition to a motion to continue as provided in Rule 14, prior to the approval of
the Agenda, any Councilmember may ask that an Agenda item be continued
indefinitely or to a future date and/or time certain. The matter shall then be
continued unless the Council, by majority vote, does not approve the request to
continue. Once a matter has been removed from the Agenda, it may not be placed
back on the Agenda or heard during that meeting, unless a Request for
Reconsideration is made prior to considering any other item or adjourning the
meeting.
RULE NO. 19
PRIORITY OF BUSINESS
a. The majority of the entire membership of the Council may, by motion, designate
any matter on the agenda to be a special order of business, which shall take
precedence over all other business. A special order of business action is limited
to matters properly noticed and placed on the agenda under the Brown Act.26 This
rule does not permit the hearing of a timed item prior to the time set on the agenda.
If Council wants to change the date of a scheduled hearing to a later date, Council
may do so without having to wait until the time set for hearing.
b. All questions relating to the priority of business to be acted upon by the Council
shall be decided without debate.
RULE NO. 20
COUNCILMEMBER REPORTS AND COMMENTS
a. Any Councilmember may, during the time for Councilmember reports and
comments, report on activities in representing the Council or the City, before other
governmental agencies and at public events, or direct brief questions to other
Councilmembers, the City Manager, the City Attorney, or the City Clerk. Each
Councilmember may also bring to the Council’s attention any item of new business
under this portion of the agenda. Each Councilmember shall limit his or her reports
26 Government Code §§ 54950 et seq.
Amended ___________, 2023
Page 17
and comments to a total of three minutes.
b. Action on any matter of business not listed on the agenda shall be deferred until
properly listed on the agenda for a subsequent Council meeting unless properly
added to the agenda due to a need for immediate action pursuant to state law.
RULE NO. 21
CLOSED SESSIONS
a. Closed sessions may be held at any regular or special meeting for any purpose
authorized under the Brown Act in accordance with the procedures in Rule 6.
Council actions shall be governed by the Brown Act. Public comments on any item
to be heard in closed session shall be received prior to, but not necessarily
immediately prior to, a closed session. No discussions in closed session shall take
place without a quorum present.
b. Pursuant to the Brown Act,27 the City Clerk may be required to attend a closed
session of the Council and keep and enter in a minute book a record of topics
discussed and decisions made at each meeting. The confidentiality of such
minutes shall be maintained pursuant to the Brown Act and attorney client
privilege.
c. Announcements of Action Taken. When required by state law, actions taken in
closed session shall be announced in open session promptly after the closed
session. A place may be listed on the agenda for such announcements. After
closed sessions, the Presiding Officer, City Clerk, and City Attorney, shall
reconvene in open session and make any such required announcements prior to
final adjournment of the meeting.
d. Persons Permitted in Closed Sessions. Persons permitted in closed session
meetings are limited to: Councilmembers; the City Manager and/or Assistant City
Manager(s); the City Attorney and any other attorneys or legal consultants at the
invitation of the City Attorney; the City Clerk; and necessary City staff for the matter
being considered. No other persons may be present without the prior approval of
the Presiding Officer and the City Attorney.
e. Closed Session Materials. Complete written materials shall be timely provided for
all closed session matters, and if not, the matter shall be removed from the
Agenda. “Complete” means the materials contain all the information necessary for
Council to make a fully informed decision, including details and context of the
matter. Any decision on completeness will be resolved by the Council President in
consultation with the City Attorney. Confidential documents, including litigation
summaries, legal memoranda, and drafts of labor and real estate agreements or
term sheets, and all supporting and presentation materials (e.g., PowerPoint
presentations) shall be made available to Councilmembers, the City Manager, and
the City Attorney by noon on the third day (typically Monday) prior to the Council
meeting. The documents shall be treated as strictly confidential. All confidential
documents to be discussed in the closed session shall be clearly marked
Confidential.” All confidential documents provided for the closed session shall
27 Government Code § 54957.2
Amended ___________, 2023
Page 18
remain in the closed session meeting room at the conclusion of the closed session
for collection by the City Attorney’s Office, unless released by the City Attorney.
f. Withdrawing Closed Session Items. After publication of the Agenda, if Staff or the
City Attorney plans to withdraw any item from closed session discussion, that fact
shall be communicated to Councilmembers at the earliest opportunity and then
disclosed to the public prior to approval of the Agenda during the Council meeting.
RULE NO. 22
QUESTIONS OF ORDER AND APPEALS TO RULINGS OF CHAIR
a. A question of order may be raised at any stage of the proceedings, except during
a calling of the roll when the ayes and noes are called for. Such question shall be
decided by the Presiding Officer, without debate, subject to an appeal to the
Council.
b. A ruling of the Presiding Officer shall not be subject to debate. However, the ruling
may be appealed by any two Councilmembers, one Councilmember making the
appeal and another seconding it. The question is then taken from the Presiding
Officer and vested in the Council for final decision by majority vote of the entire
membership of the Council. A tie sustains the Presiding Officer.
RULE NO. 23
BOARDS, COMMISSIONS, AND COMMITTEES OF THE COUNCIL
a. Council may create a board, commission, committee of the Council, or other body
of the City by ordinance, resolution, or other formal action of the Council.
Legislative bodies created by Council are subject to the Brown Act, except for ad
hoc committees.28
b. Boards, commissions, committees and similar bodies not created by Charter, by
ordinance or by resolution of the Council shall automatically terminate two years
from their creation, unless otherwise specified by the Council.29
c. Advisory committees composed solely of less than a quorum of the Council are
either standing committees or ad hoc committees. Standing committees are
subject to the Brown Act, whereas ad hoc committees are not.
1. A standing committee is a committee having continuing jurisdiction over a
particular subject matter, or having a meeting schedule fixed by Charter,
ordinance, resolution, or formal action of the Council. A committee with
continuing subject matter jurisdiction has authority to consider a specific
subject matter on an ongoing basis. Examples include committees that have
authority to hear and consider issues relating to budgets, audits, contracts,
and personnel matters that do not require renewal of its authority to hear and
consider such matters.30
28 Government Code § 54952
29 Fresno Municipal Code § 2-902
30 79 Ops. Cal. Atty. Gen. 69, 72-73 (1996)
Amended ___________, 2023
Page 19
2. An ad hoc committee is a committee that consists solely of less than a
quorum of the Council, that does not have a continuing subject matter
jurisdiction, or a meeting schedule fixed by formal action of the Council. Ad
hoc committees must have a limited term, and are charged with
accomplishing a specific task in a short period of time. Such committees are
dissolved when their specific task is completed, and are not perpetual.31
RULE NO. 24
MAYORAL COMMITTEE APPOINTMENTS
Action by the Council on requests by the Mayor for confirmation or approval of an
appointee or nominee to a public office or position shall be taken by minute
resolution confirming or not confirming the appointee or nominee.
RULE NO. 25
COUNCIL APPOINTMENTS OF COUNCILMEMBERS TO COMMITTEES
a. From time to time, Council appoints a Councilmember to serve on a board,
commission, committee, joint power authority, or other official body (hereinafter
Committee.”) Such appointments shall be for a two year period, unless otherwise
stated in the implementing document that formed the Committee.32
b. No later than the first regular meeting in February of each year, Council shall
review all the appointments as provided in a list prepared by the City Clerk. The
annual review will be conducted to fill vacancies or an expired term of office, and
to consider removal of any appointee for cause, such as for failure to keep Council
informed of the Committee’s activities, or for excessive absenteeism without good
cause.
c. At the first regular meeting of each month, the appointed Councilmember shall
report on the activities of the Committee, including any significant projects of the
Committee before it takes place, such as issuance of bonds, matters relating to
financing, and other matters that may commit the City to a particular course of
action.
d. The Council President shall have the authority to appoint a designee to attend
Committee meetings and participate as a voting member of the Committee in his
or her absence, as permitted by the implementing document that formed the
Committee.
e. The Councilmember next in line to serve as Council President is strongly
encouraged to start attending meetings of the Committee served by the Council
President, at least six months before the expiration of the Council President’s term
of office. This will give the incoming Council President an opportunity to learn
about the Committees, particularly those that deal with complex subjects, before
he or she takes office.
31 79 Ops. Cal. Atty. Gen. 69, supra
32 Fresno Municipal Code § 2-802
Amended ___________, 2023
Page 20
RULE NO. 26
NEWS MEDIA
a. Members of the news media covering the business of the Council may be assigned
to selected areas by the Presiding Officer.
b. Members of the news media shall be permitted to televise and sound-record the
proceedings of the Council under such rules and conditions as the Presiding
Officer may prescribe.
c. Selected areas assigned to the members of the news media in the Council
Chambers shall be exclusively for the use of the news media members.
Unauthorized individuals shall not use or occupy said assigned areas.
RULE NO. 27
ACCESS TO THE DAIS
a. No person shall be permitted on the dais during Council meetings except for the
following: Councilmembers, the City Clerk, the City Attorney, the City Manager and
Assistant City Manager(s), the Successor Agency Executive Director (during joint
meetings), duly authorized additional members of boards sitting in joint meetings
with the Council, and on a limited basis, those who are asked to assist the above
Deputy City Attorneys, Council Assistants, etc.). Any other person desiring to sit
on the dais may do so only by permission of the Presiding Officer.
b. Members of the news media shall not be permitted access to the dais during
Council meetings.
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-247 Agenda Date:2/9/2023 Agenda #:
1.-BB.
REPORT TO THE CITY COUNCIL
FROM:TYLER MAXWELL, Council President
City Council District 4
SUBJECT
BILL (For Introduction) Ordinance to prohibit the unlawful possession of catalytic converters
Citywide)
RECOMMENDATION
If more than one recommendation pluralize]
EXECUTIVE SUMMARY
Brief, 1-2 paragraphs; information stated here must be expanded in Background section; clear and
concise so anyone understands action being requested]
BACKGROUND
Include: Any prior history; “City Attorney has reviewed and approved to form,” if applicable; source of
funding; appropriate regulation summary information]
ENVIRONMENTAL FINDINGS
Include CEQA findings or state N/A]
LOCAL PREFERENCE
N/A due to State and Federal money; N/A because it is more than ½ of 1%; or yes, state why]
FISCAL IMPACT
Funding source, clarify whether General Fund is or is not impacted; appropriation authority already
approved or an AAR is attached; if appropriate explain impact on other projects or timing of funding
from other agencies; future obligations]
Attachment: [If more than one, pluralize]
City of Fresno Printed on 2/10/2023Page1of1
powered by Legistar™
2/9/2023
NE / MA 6-0
MK Absent.
Approved on Consent
B-3
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Date Adopted:
Date Approved
Effective Date:
City Attorney Approval: ________ Ordinance No.
BILL NO.
ORDINANCE NO. ______
AN ORDINANCE OF THE CITY OF FRESNO, CALIFORNIA,
ADDING SECTION 3 TO ARTICLE 27, CHAPTER 9 OF THE
FRESNO MUNICIPAL CODE PROHIBITING THE
UNLAWFUL POSSESSION OF DETACHED CATALYTIC
CONVERTERS.
WHEREAS, theft of catalytic converters from automobiles has been an increasing
problem within the City in recent years;
WHEREAS, catalytic converters contain expensive precious metals including
platinum, palladium, and rhodium, which costs more than $11,000 per ounce;
WHEREAS, the average cost of replacing a stolen catalytic converter and repairing
the damage to the vehicle is typically more than $2,000 to the victim;
WHEREAS, individuals in possession of stolen catalytic converters often recycle
them for substantial profit while victims of these thefts suffer the consequences of paying
thousands of dollars in repairs, the inconvenience of repairing their vehicles, and feeling
unsafe in the community;
WHEREAS, there is no City, State, or Federal legislation applicable within the City
to define and punish catalytic converter thefts absent an identifiable victim ;
WHEREAS, catalytic converter thefts are on the rise because individuals are
incentivized to commit catalytic converter thefts for multiple reasons including, but not
limited to: the ease and undetectable nature of committing the thefts in a matter of
seconds using common tools such as a reciprocating saw, the ability to recycle catalytic
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converters at scrap metal yards for high dollar returns , and the challenges with
prosecuting criminals for catalytic converter theft where a victim cannot be identified ;
WHEREAS, finding the victims of these crimes is nearly impossible due to the
manner in which catalytic converter thefts occur and the lack of identifying markers on
catalytic converters linking stolen catalytic converters to the respective victims;
WHEREAS, due to lack of legislation defining and prosecuting illegal possession
of catalytic converters, many catalytic converter theft cases in the City have gone
unsolved;
WHEREAS, there is currently no City, State, or Federal legislation applicable within
the City requiring individuals to provide proof to law enforcement as to how they obtained
detached catalytic converters, thus limiting law enforcement's ability to protect the public
by deterring catalytic converter thefts;
WHEREAS, this Ordinance is necessary to provide the City of Fresno Police
Department a means to protect the public, deter this criminal activity and promote a more
productive use of City of Fresno resources by staff responsible for investigating catalytic
converter thefts.
THEREFORE, the City hereby enacts this ordinance requiring a person in
possession of a detached catalytic converter to show proof of valid ownership to law
enforcement upon request.
THE COUNCIL OF THE CITY OF FRESNO DOES ORDAIN AS FOLLOWS:
SECTION 1. Section 3 is added to Article 27, Chapter 9 of the Fresno Municipal Code to
read:
Section 9-2703
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UNLAWFUL POSSESSION OF DETACHED CATALYTIC CONVERTER
a) It is unlawful for any person, other than a Core Recycler as defined in California
Business and Professions Code section 21610, to possess any catalytic converter that is
not attached to a vehicle unless the person has valid proof of ownership of the catalytic
converter.
b) This section does not apply to a detached catalytic converter that has been tested,
certified, and labeled or otherwise approved for reuse, and being bought or sold for
purposes of reuse in accordance with the federal Clean Air Act (42 U.S.C. §§ 7401 et
seq.) and regulations under the Clean Air Act, as they may, from time to time, be
amended.
c) For purposes of this section, "valid proof of ownership” means written document(s)
that clearly identify the vehicle from which the catalytic converter originated based on the
totality of the circumstances, and includes, but is not limited to, the following types of
documents:
1. Bill of sale from the original owner with photographs or similar visual
representation.
2. Documentation from an auto-body shop proving that the owner relinquished the
catalytic converter to the auto-body shop.
3. Verifiable electronic communication from the previous owner to the possessor
relinquishing ownership of the catalytic converter.
4. Photographs or similar visual representation of the vehicle from which the catalytic
converter originated.
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d) It is unlawful for any person to knowingly falsify or cause to be falsified any
information in a record intended to show valid proof of ownership.
e) Each violation of this section constitutes a separate violation, including but not
limited to: possession of multiple catalytic converters during a single contact by law
enforcement, or the locating of catalytic converter(s) at other locations discovered as a
result of the initial contact by law enforcement, or any other circumstance connecting the
potential violator to the unlawful possession of catalytic converter(s), and is subject to all
remedies and enforcement measures authorized by the Fresno Municipal Code.
f) Any person who violates any provision of this section shall be guilty of a
misdemeanor punishable by a fine not to exceed $1,000, imprisonment in the county jail
for a term not to exceed 12 months, or both.
g) If any section, subsection, subdivision, sentence, clause, phrase, or portion of this
Ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Ordinance. The City Council hereby declares that it would have adopted
this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or
portion thereof irrespective of the fact that any one or more sections, subsections,
subdivisions, sentences, clauses, phrases or portions thereof be declared invalid or
unconstitutional.
h) Compliance with Business & Professions Code § 21610 and Vehicle Code §
10852.5 is legally required.
i) A core recycler, as defined in Business and Professions Code § 21610, operating
under a permit granted by the City of Fresno who is found to be in violation of any
5 of 5
applicable law shall have revocation proceedings initiated in accordance with Section 15-
5016, Revocation of Permits.
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, TODD STERMER, 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 ______________ 2023.
AYES :
NOES :
ABSENT :
ABSTAIN :
Mayor Approval: , 2023
Mayor Approval/No Return: , 2023
Mayor Veto: , 2023
Council Override Vote: , 2023
TODD STERMER, CMC
City Clerk
BY:
Deputy Date
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
BY:
Pauline Brickey Date
Deputy City Attorney
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-280 Agenda Date:2/9/2023 Agenda #:
1.-CC.
REPORT TO THE CITY COUNCIL
FROM:SCOTT L. MOZIER, PE, Director
Public Works Department
BY:RANDALL W. MORRISON, PE, Assistant Director
Public Works Department, Engineering Division
JASON A. CAMIT, PLS, Chief Surveyor
Public Works Department, Engineering Division, Right of Way Section
SUBJECT
Actions pertaining to the summary vacation of access right restrictions on a portion of the northwest
corner of East Copper Avenue and North Maple Avenue (Council District 6):
1. Adopt a finding of Categorical Exemption per Environmental Assessment Number PW12771
per staff determination, pursuant to Section 15301, Class 1 (b, c) Existing Facilities of the
California Environmental Quality Act (CEQA) Guidelines
2. ***RESOLUTION - Ordering the summary vacation of access right restrictions on a portion of
the northwest corner of East Copper Avenue and North Maple Avenue (Subject to Mayor’s
Veto)
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NE / MA 6-0
MK Absent.
Approved on Consent
R. 2023-036
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-112 Agenda Date:2/9/2023 Agenda #:
REPORT TO CITY COUNCIL
Appearance by Kevin Tolman to discuss introduction of business, number of employees, and what
the business does (District 4 Resident)
City of Fresno Printed on 2/2/2023Page1of1
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Appeared
Sent: Thursday, January 05, 2023 8:08 AM
To: Clerk <Clerk@fresno.gov>
Subject: Request to Speak Before the Fresno City Council
External Email: Use caution with links and attachments
Name:Kevin Tolman
Address
District District 4
Phone
Email
Date You Wish to Speak Before the
City Council
February 9, 2023
Topic/Subject Introduction of business, number of employees, and what we
do in business.
IP Address 76.137.166.186
User-Agent (Browser/OS)Google Chrome 108.0.0.0 / Windows
Referrer https://www.fresno.gov/cityclerk/boards-
commissions/request-to-speak-council/
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-140 Agenda Date:2/9/2023 Agenda #:
REPORT TO THE CITY COUNCIL
SUBJECT
Appearance by Cody Laursen to discuss the introduction of a company that operates an HP Jet
Fusion 5200 industrial-grade printer between Fresno and San Diego (District 4 Resident)
RECOMMENDATION
If more than one recommendation pluralize]
EXECUTIVE SUMMARY
Brief, 1-2 paragraphs; information stated here must be expanded in Background section; clear and
concise so anyone understands action being requested]
BACKGROUND
Include: Any prior history; “City Attorney has reviewed and approved to form,” if applicable; source of
funding; appropriate regulation summary information]
ENVIRONMENTAL FINDINGS
Include CEQA findings or state N/A]
LOCAL PREFERENCE
N/A due to State and Federal money; N/A because it is more than ½ of 1%; or yes, state why]
FISCAL IMPACT
Funding source, clarify whether General Fund is or is not impacted; appropriation authority already
approved or an AAR is attached; if appropriate explain impact on other projects or timing of funding
from other agencies; future obligations]
Attachment: [If more than one, pluralize]
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Appeared
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-147 Agenda Date:2/9/2023 Agenda #:
REPORT TO THE CITY COUNCIL
SUBJECT
Appearance by Brian Calhoun to discuss status of traffic and pedestrian safety improvements for W.
Audubon Drive (District 2 Resident)
RECOMMENDATION
If more than one recommendation pluralize]
EXECUTIVE SUMMARY
Brief, 1-2 paragraphs; information stated here must be expanded in Background section; clear and
concise so anyone understands action being requested]
BACKGROUND
Include: Any prior history; “City Attorney has reviewed and approved to form,” if applicable; source of
funding; appropriate regulation summary information]
ENVIRONMENTAL FINDINGS
Include CEQA findings or state N/A]
LOCAL PREFERENCE
N/A due to State and Federal money; N/A because it is more than ½ of 1%; or yes, state why]
FISCAL IMPACT
Funding source, clarify whether General Fund is or is not impacted; appropriation authority already
approved or an AAR is attached; if appropriate explain impact on other projects or timing of funding
from other agencies; future obligations]
Attachment: [If more than one, pluralize]
City of Fresno Printed on 2/2/2023Page1of1
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Appeared
Presentation to the Fresno City Council – February 9, 2023
Safety Concerns for Pedestrians, Bicyclists and Properties on Audubon Drive in N. W. Fresno
Brian Calhoun, Ph.D.
Good morning, City Council and City staff. As the unofficial spokesperson for my
Audubon Drive neighbors, I am here today to speak about safety concerns for
pedestrians, bicyclists and properties on Audubon Drive. You should have a Google
Map in your packet. The dotted line is Audubon.
Audubon Drive is designated a Scenic Drive and prohibits trucks. From W. Nees on
the southwest to Friant Road on the northeast, it is 1 ½ miles long with single family
homes and apartment homes facing the street. There are 4 cross streets, a highway
overpass, the entrance to Woodward Park, the Fresno Heart Hospital and adjacent
business park.
Drivers have discovered that it is a convenient short-cut from Herndon/Palm/Nees
to Friant and back again. Thousands of automobiles and still many trucks use it every
day making it extremely dangerous for residents to exit their driveways and for
pedestrians to cross the street.
Audubon does not have a single stop light, stop sign or pedestrian crosswalk.
There has been one bicycle/truck crash resulting in a death, a car/bicycle crash
resulting in serious injury, a family dog killed while crossing the street with its owner
and numerous vehicular crashes into mail boxes, foliage, and fences. Vehicles
routinely exceed the 40 mile/ hour speed limit.
Page 2
It is imperative to put the street into the larger context of development and recreation
as shown on your Google Map. Businesses in the Palm Bluff, River Park Crossing,
Villagio and River Park complexes surround Audubon, and countless vehicles use
Audubon to access them. The “Fresno 40” development in River Park Crossing will
result in more traffic. Opening the San Joaquin River Conservancy to the public will
require access via Audubon Drive.
Thanks to the District 2 Councilmember, efforts are being made to improve safety on
Audubon, but more needs to be done. For example, there should be a stoplight or
crosswalk at the entrance to Woodward Park and the hospital and business across the
street.
Of major concern to area residents is the Council’s approval to add an additional
turn lane from W. Nees Avenue onto Audubon in order to limit “stacking” of cars.
Despite what Public Works claims, an additional turn lane will be an invitation for more
drivers to use the Audubon “short-cut”. Decisions like this, particularly with no public
input, impact people’s lives and their quality of life.
Your attention to these concerns of needed increased safety measures to protect
pedestrians, bicyclists and properties on Audubon Drive is sincerely appreciated.
Thank you.
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-221 Agenda Date:2/9/2023 Agenda #:
REPORT TO THE CITY COUNCIL
SUBJECT
Appearance by Mary Padilla to discuss renewing morals and values (District 2 Resident)
City of Fresno Printed on 2/2/2023Page1of1
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Appeared
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-243 Agenda Date:2/9/2023 Agenda #:
3.-A.
REPORT TO THE CITY COUNCIL
FROM:SCOTT L. MOZIER, P.E., Director
Public Works Department
BY:BRIAN E. RUSSELL, Assistant Director
Public Works Department, Streets, Landscape, and Graffiti Divisions
SUBJECT
WORKSHOP - Pavement Management Presentation
City of Fresno Printed on 2/8/2023Page1of1
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2/9/2023
Presented
Public Works Department
BUILDING A BETTER FRESNO
Public Works Department
Pavement Management Update
Workshop Goals:
Discuss recent storms that have resulted in
more potholes and street repair needs
Review FY23 budgeted activities and
upcoming paving
Revisit the Pavement Management Report
from 2021
Public Works Department
Pavement Management Update
Pothole management
Average number of calls for potholes per week
Weekly average from Jan-Dec 2022: 51 calls
Average calls during storms: 200-300 calls
The number of calls during January 2023: 1,648 calls
Average number of two-person crews on pothole duty
4-6 crews on average days
6-10 crews during storm response
Public Works Department
Pavement Management Update
Pothole management
Any condition –a pothole can form in even the best
conditions due to leaking pipes
Pothole causes
Water and Vehicles
Rainwater sinks through cracks in asphalt
and is soaked up by rock, gravel and sand
that supports the road
Vehicles passing over force water through the
roadbed, eroding parts of it
Asphalt sinks into the eroded parts knocking
pavement loose
Public Works Department
Pavement Management Update
Pothole management
Public Works Department
Pavement Management Update
Pothole Management
Pothole Program Budget
FY23 -$725,000
We have funding and skilled employees
on the Street Maintenance team
311 calls, FresGO and staff observations
Pothole material used per day
25,000 lbs. or 12.5 tons
Total Miles of City streets
Roughly 1,768 miles of City streets to
maintain
505 million in deferred maintenance
Public Works Department
Pavement Management Update
FY23 Budget Highlights
Street Maintenance
Overlay & Paving Program
Major Paving Projects
FY23 -$34.5 million
Includes Potholes, Paving, Concrete Repair, Paint and Sign Maintenance, Street
Cleaning, Streetlight and Traffic Signal Maintenance
FY23 -$5.4 million in Street Maintenance (Resurfacing and Asphalt Repairs)
FY23 -$6.5 million in Capital Construction Projects for Paving
Dakota Avenue –Cedar to Maple Avenues
Kings Canyon Road –Chestnut to Maple Avenues
Broadway Street –Olive to Belmont Avenues
Fresno Street –Clinton to Shields Avenues
Abby Street –Divisadero to Olive Avenue
First Street, Ventura to Tulare
Peach Avenue at RR Crossing south of Hamilton
Barstow Avenue –Blackstone to Fresno Street
Barton Avenue –Church to Florence Avenue
Public Works Department
Pavement Management Update
What does the City of Fresno own or maintain?
Arterials 340.7 20.9%
Collectors 209.6 15.8%
Residentials 1217.3 63.3%
Total 1767.6 100%
Centerline
Miles
of the Entire Network
by Pavement Area)
Functional Class
Asset value = $4.5 billion
Public Works Department
Pavement Management Update
0
100
70
50
25
Very Poor/Failed
Poor
Good/Very Good
Fair
Condition Category
Pavement
Condition Index (PCI)
60 Arterials PCI =
62 Collectors PCI =
64 Residentials PCI =
60 Network PCI = 60 What
Public Works Department
Pavement Management Update
Network
PCI = 90
No
Treatment
Needed
Determining the level of street conditions
Good/Very Good
Public Works Department
Pavement Management Update
Network
PCI = 75
Treatment is
crack and
slurry seal
Determining the level of street conditions
Good
Public Works Department
Pavement Management Update
Network
PCI = 60
Treatment
Is Base
repairs and
overlay
Determining the level of street conditions
Fair/At-Risk
Public Works Department
Pavement Management Update
Network
PCI = 20
Treatment is
surface
reconstruction
Determining the level of street conditions
Very Poor/Failed
North Fresno
South Fresno
Avenue
Public Works Department
Pavement Management Update
Street conditions area overview
Public Works Department
Pavement Management Update
How does Fresno compare to other cities?
Public Works Department
Pavement Management Update
Good roads cost less to maintain
Public Works Department
Pavement Management Update
What is the importance of preventative maintenance?
Public Works Department
Pavement Management Update
What are the funding sources?
Scenario 1: City’s Existing Funding ($12 M/year)
Scenario 2: Maintain PCI at 60
Scenario 3: Improve PCI by Functional Class
Arterials/Collectors PCI 70
Residential PCI 65
Public Works Department
Pavement Management Update
The City of Fresno’s existing funding
Public Works Department
Pavement Management Update
Maintaining 60 PCI
Public Works Department
Pavement Management Update
Why is reconstruction not as cost effective?
Public Works Department
Pavement Management Update
Improving the PCI by functional class
505
447 478 505 528 527 522 505 499 492 473
60
676365656666676767686970
60 60 60 60 60 61 62 63 63 64 65
0
10
20
30
40
50
60
70
80
90
100
0
250
500
750
1000
1250
1500
PCIDeferred Maintenance ($M)Deferred Maintenance ($M)
Treated PCI - Network Treated PCI - Art & Col
Treated
PCI - Residential
23 633
Public Works Department
Pavement Management Update
Network condition breakdown
Public Works Department
Pavement Management Update
10-Year Funding Shortfall
City
Funding,
120.0M
Funding
Shortfall,
513.0M
City
Funding,
120.0M
Funding
Shortfall,
355.0M
Scenario 2:
Maintain PCI at 60
Scenario 3:
Improve PCI by Functional Class
Public Works Department
Pavement Management Update
Paving Conclusion
City has a substantial investment in the street network ($4.5 Billion)
Network is in “Fair” condition with a PCI of 60
Existing average budget ($12 M/year) is insufficient
PCI will deteriorate to 43
Deferred maintenance will double to $1,155 Million
56.8% of network will be in “Poor” or “Failed” condition by 2031
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-119 Agenda Date:2/9/2023 Agenda #:
5.-A.
CLOSED SESSION ITEM
January 19, 2023
SUBJECT
CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
Government Code Section 54956.9, subdivision (d)(1)
Case Name:Thomas Pedro Flores v. City of Fresno, et al.Fresno Superior Court Case No.
19CECG00219
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City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-220 Agenda Date:2/9/2023 Agenda #:
5.-B.
CLOSED SESSION ITEM
February 9, 2023
SUBJECT
CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
Government Code Section 54956.9, subdivision (d)(1)
Case Name:La-Kebbia Wilson, et al. v. City of Fresno, et al.; Eastern District Court Case No. 1:19-cv
01658
City of Fresno Printed on 2/2/2023Page1of1
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City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-168 Agenda Date:2/9/2023 Agenda #:
5.-C.
CLOSED SESSION ITEM
SUBJECT
CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Government Code Section
54956.9, subdivision (d)(1) Terance Frazier, et al. v. City of Fresno, et al.; United States District Court
Case No.: 1:20-CV-01069
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Tabled to 2/23/2023
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-169 Agenda Date:2/9/2023 Agenda #:
5.-D.
CLOSED SESSION ITEM
SUBJECT
CONFERENCE WITH LEGAL COUNSEL- POTENTIAL EXPOSURE TO LITIGATION: Government
Code Section 54956.9(d)(2): Central Valley NMTC Fund, LLC., v. City of Fresno
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City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-253 Agenda Date:2/9/2023 Agenda #:
5.-E.
REPORT TO THE CITY COUNCIL
SUBJECT
CONFERENCE WITH LABOR NEGOTIATORS - Government Code Section 54957.6
City Negotiators: TJ Miller
Employee Organizations:
1. International Union of Operating Engineers, Stationary Engineers, Local 39 (Local 39); 2. Fresno
City Employees Association (FCEA); 3. Fresno Police Officers Association (FPOA Basic), Unit 4; 4.
International Association of Firefighters, Local 753, Unit 5 (Fire Basic); 5. Amalgamated Transit
Union, Local 1027 (ATU); 6. International Brotherhood of Electrical Workers, Local 100 (IBEW); 7.
Fresno Police Officers Association (FPOA Management); 8. International Association of Firefighters,
Local 753, Unit 10 (Fire Management); 9. City of Fresno Professional Employees Association
CFPEA); 10. City of Fresno Management Employees Association (CFMEA); 11. Operating
Engineers, Local Union No. 3, Fresno Airport Public Safety Supervisors (FAPSS); 12. Operating
Engineers, Local Union No. 3, Fresno Airport Public Safety Officers (FAPSO)
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