HomeMy WebLinkAbout2023-06-08 Council Agenda PacketThursday, June 8, 2023
9:00 AM
City of Fresno
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
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
Meeting Agenda - Final
Regular Meeting
06/08/2023
LC/MA 6-1
GB VOTED NO
AS AMENDED
June 8, 2023City Council Meeting Agenda - Final
THE FRESNO CITY COUNCIL WELCOMES YOU TO CITY COUNCIL CHAMBER,
LOCATED IN CITY HALL, 2ND FLOOR, 2600 FRESNO STREET, FRESNO,
CALIFORNIA 93721.
PUBLIC PARTICIPATION – Public participation during Fresno City Council meetings is
always encouraged and can occur in one of the two following ways:
1) Participate In Person: Council Chambers, City Hall, 2nd Floor, 2600 Fresno
Street, Fresno, CA 93721
a) To speak during a City Council meeting in person: fill out a speaker card
(available in the Council Chamber) and place it in the speaker card collection
basket at the front of the Council Chamber. You may also approach the
speaker podium upon the Council President’s call for public comment.
2) Participate Remotely via Zoom:
https://fresno-gov.zoom.us/webinar/register/WN_A--POOykTQeEArc9GnieJg
a) The above link will allow you to register in advance for remote participation
in the meeting via the Zoom platform. After registering, you will receive a
confirmation email containing additional details about joining the meeting.
b) To speak during a City Council meeting while attending remotely: while in
the Zoom application, click on the icon labeled “Participants” at the bottom of
the screen. Then select “RaiseHand” at the bottom of the Participants
window. Your digital hand will now be raised. You will be asked to “unmute”
when your name is called to speak. You will not be visible via video and there
will be no opportunity to share your screen.
All public speakers will have up to 3 minutes to address Council pursuant to Rule No.
10 of the Rules of Procedure for the City Council of the City of Fresno (available in the
City Clerk’s Office).
SUBMIT DOCUMENTS / WRITTEN COMMENTS - Pursuant to Rule 11 (c) of the
Rules of Procedure, 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.
Documents / written comments related to an agenda item can be submitted by one of
the following methods:
1) eComment – eComment allows the public to submit agenda related comments
through a website prior to the meeting. Submitted comments are limited to 1440
characters and will be a part of the official record.
Page 2 City of Fresno ***Subject to Mayoral Veto
June 8, 2023City Council Meeting Agenda - Final
a) Submit an e-Comment by visiting https://fresno.legistar.com/Calendar.aspx
and selecting the “eComment” link.
b) e-Comment is available for use upon publication of the agenda and closes
24 hours prior to the meeting start time [pursuant to Rule 11(c)].
c) e-Comment is not permitted for Land use or CEQA items
d) The e-Comment Electronic User Agreement can be viewed at:
https://www.fresno.gov/cityclerk/
2) E-mail – Agenda related documents and comments can be e-mailed to the
Office of the City Clerk at least 24 hours prior to the agenda item being heard,
pursuant to Rule 11(c).
a) E-mail the Clerk’s Office at clerk@fresno.gov
b) E-mails should include the agenda date, and the related agenda item
number.
VIEWING CITY COUNCIL MEETINGS (non-participatory) - For your convenience,
there are several ways to view Fresno City Council meetings live:
1) City of Fresno website: https://fresno.legistar.com/Calendar.aspx (click “In
Progress” to view the live meeting).
2) Community Media Access Collaborative website: https://cmac.tv/
3) YouTube - City of Fresno Council, Boards and Commissions Channel:
https://www.youtube.com/channel/UC3ld83D8QGn1YBDw6aD5dZA/videos
4) Facebook: https://www.facebook.com/FresnoCA/videos
5) Cable Television: Comcast Channel 96 and AT&T Channel 99
Should any of the five viewing methods listed above experience technical difficulties,
the Council meeting will continue uninterrupted. Council meetings will only be paused
to address verifiable technical difficulties for all users participating via Zoom or in the
Council Chamber.
The City of Fresno’s goal is to comply with the Americans with Disabilities Act (ADA).
Anyone requiring reasonable ADA accommodations, including sign language
interpreters, or other reasonable accommodations such as language translation,
should contact the office of the City Clerk at (559) 621-7650 or clerk@fresno.gov. To
help ensure availability of these services, you are advised to make your request a
minimum of three business days prior to the scheduled meeting.
Page 3 City of Fresno ***Subject to Mayoral Veto
June 8, 2023City Council Meeting Agenda - Final
9:00 A.M. ROLL CALL
Invocation by Pastor Jim Franklin of Cornerstone Church
Pledge of Allegiance to the Flag
APPROVE AGENDA
CEREMONIAL PRESENTATIONS
Proclamation for “Pride Month”ID 23-740
Sponsors:Vice President Perea
Proclamation for “Hugo Morales Day”ID 23-935
Sponsors:Councilmember Arias
COUNCILMEMBER REPORTS AND COMMENTS
MAYOR/MANAGER REPORTS AND COMMENTS
CITY CLERK AND CITY ATTORNEY 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
Approve the minutes of May 25, 2023, Regular Meeting and
the May 25, 2023, Special Meeting.
ID 23-9171.-A.
Award a consultant services agreement to Chabin Concepts,
Inc. to provide a U.S. Economic Development Administration
compliant Comprehensive Economic Development Strategy
for an amount not to exceed $100,000, (Bid File 12301676)
ID 23-8421.-B.
Sponsors:Economic Development Department
Page 4 City of Fresno ***Subject to Mayoral Veto
June 8, 2023City Council Meeting Agenda - Final
Approve a Consultant Services Contract with Gaetke
Medical Corporation and 1582, LLC for Annual
Fitness/Wellness Evaluations (Annual Physicals) for the
Fresno Fire Department sworn personnel in the amount not
to exceed $261,000
ID 23-8601.-C.
Sponsors:Fire Department
Approve the award of a purchase contract to Bauer
Compressors, Inc., California, for the purchase of MSA-G1
Self Contained Breathing Apparatus (SCBA) in the amount
of $4,410,060.71 for the Fire Department (Bid File
12302062).
ID 23-8171.-D.
Sponsors:Fire Department
Actions pertaining to the replacement of customer
relationship management software (Bid File 12300269)
(Citywide):
1. Award a contract to Incapsulate, LLC for the Customer
Relationship Management Replacement solution and
implementation services in the amount of $395,723.80 for
one year with the option of four, five-year extensions.
2. Approve the purchase of Salesforce cloud subscription
licenses from Carahsoft Technology Corporation, at
government approved pricing, in the amount of $610,343.91.
ID 23-9161.-E.
Sponsors:Information Services Department
Actions pertaining to Golden Bell Products, Inc., (“Golden
Bell”) as the Service Provider to purchase Insecta Access
Structure Coating (Citywide):
1. RESOLUTION - Adopt a resolution authorizing an
exception to the formal bidding procedures and award a Sole
Source Purchasing Agreement with Golden Bell
2. Approve a multi-year sole source purchasing agreement
with Golden Bell for the annual purchase and Citywide
application of Insecta cockroach pesticide in identified City
sanitary sewer access structures, in a total amount not to
exceed $99,000 per year
3. Authorize the Director of Public Utilities, or designee, to
execute a multi-year sole source purchasing agreement with
Golden Bell for the annual purchase and Citywide application
of Insecta cockroach pesticide in identified City sanitary
ID 23-4511.-F.
Page 5 City of Fresno ***Subject to Mayoral Veto
June 8, 2023City Council Meeting Agenda - Final
sewer access structures, in a total amount not to exceed
$99,000 per year for the next four years, with provisions for
three one-year extensions.
Sponsors:Department of Public Utilities
Actions pertaining to a water connection to serve Three
Palms Mobile Home Park (Council District 3)
1. Adopt a finding of Categorical Exemption pursuant to
Section 15301/Class 1 of the California Environmental
Quality Act (CEQA) Guidelines;
2. ***RESOLUTION - Authorizing the Director of the
Department of Public Utilities or designee to accept funds
and execute the financial assistance agreement and any
amendments thereto with the California State Water
Resources Control Board on behalf of the City of Fresno for
a water connection to serve Three Palms Mobile Home Park.
(Subject to Mayor’s Veto)
ID 23-8511.-G.
Sponsors:Department of Public Utilities
Actions pertaining to Access Structures Rehabilitation in
Fruit Avenue from North Avenue to Jensen Avenue (Bid File
12301561) (Unincorporated Fresno):
1. Adopt a finding of Categorical Exemption pursuant to
Section 15301(d)/Class 1 of the California Environmental
Quality Act Guidelines.
2. Award a construction contract to Floyd Johnston
Construction, Inc., of Clovis, California, in the amount of
$553,700.
ID 23-8821.-H.
Sponsors:Department of Public Utilities
Approve the second amendment to the consultant services
agreement with Carollo Engineers, Inc., for the preparation
of a Nitrate Initial Assessment to extend the term of the
agreement (Council Districts 3 and 6).
ID 23-8831.-I.
Sponsors:Department of Public Utilities
Award a Requirements Contract in the amount of $0 to
Backflow Solutions Incorporated, of Chicago Illinois for
backflow data management services and authorize the
Director of Public Utilities or his designee, to execute a
contract for a term of three years with the possibility of two
one-year extensions - (Bid File 9664) (Citywide)
ID 23-8901.-J.
Page 6 City of Fresno ***Subject to Mayoral Veto
June 8, 2023City Council Meeting Agenda - Final
Sponsors:Department of Public Utilities
***BILL B-15 - (Intro’d 5/25/2023)(For Adoption) - Repealing
Section 6-516 of the Fresno Municipal Code and amending
Section 6-501(ee) relating to transmission grid mains and
associated reimbursements (Subject to Mayor’s Veto)
ID 23-9181.-K.
Sponsors:Department of Public Utilities
Actions pertaining to the North Fresno Wastewater
Reclamation Facility (Council District 6):
1. Adopt a finding of Statutory Exemption pursuant to CEQA
Guidelines Section 15262 and a “common sense” exemption
under CEQA Guidelines Section 15061(b)(3).
2. Award a consultant services agreement to Carollo
Engineers, Inc., a Delaware corporation, in the amount not to
exceed $148,638, inclusive of a $15,000 contingency, to
conduct a feasibility study for the expansion of the North
Fresno Wastewater Reclamation Facility (Council District 6).
ID 23-8911.-L.
Sponsors:Department of Public Utilities
Actions pertaining to on-call professional engineering
services for the Public Works Traffic Operations and
Planning Division for bicycle facilities planning (Citywide)
1. Approve an On-Call Consultant Services Agreement with
TJKM Transportation Consultants, in the amount of
$100,000
2. Approve an On-Call Consultant Services Agreement with
Peters Engineering Group, in the amount of $100,000
ID 23-8761.-M.
Sponsors:Public Works Department
Approve an agreement for professional engineering services
with Quad Knopf Inc., of Fresno, California for $108,750, with
a $10,000 contingency, for design and construction support
services for the Vinland Park Pickleball Court Project
(Council District 4)
ID 23-9021.-N.
Sponsors:Public Works Department, Parks, After School and
Recreation and Community Services Department
Page 7 City of Fresno ***Subject to Mayoral Veto
June 8, 2023City Council Meeting Agenda - Final
Approve an agreement for professional engineering services
with Quad Knopf Inc., of Fresno, California for $105,550, with
a $10,000 contingency, for design and construction support
services for the Rotary East Park Pickleball Court Project
(Council District 6)
ID 23-9031.-O.
Sponsors:Public Works Department, Parks, After School and
Recreation and Community Services Department
RESOLUTION - Of Intention to Annex Final Tract Map
Number 6283 as Annexation Number 145 to the City of
Fresno Community Facilities District Number 11 and to
Authorize the Levy of Special Taxes; and setting the Public
Hearing for Thursday, July 20, 2023, at 10:00 am (located on
the southeast corner of North Fowler Avenue and East
Dakota Avenue) (Council District 4)
ID 23-9041.-P.
Sponsors:Public Works Department
Authorize a three (3) year, with two (2) one (1) year options
agreement between the City of Fresno and the Fresno
Economic Opportunities Commission to fulfill the
Consolidated Transportation Service Agency requirement for
social service transportation in Urban Fresno County for a
projected FY2024 Operations Program & Budget amount of
$1,485,704.
ID 23-8971.-Q.
Sponsors:Department of Transportation
RESOLUTION - Authorizing submission of funding requests
to the Low Carbon Transit Operations Program for bus
service operating support and hydrogen fuel cell bus
purchase, execution of grant award documents if awarded,
and execution of related certifications and assurances and
authorized agent forms.
ID 23-8441.-R.
Sponsors:Department of Transportation
Reject all proposals for Product Requirements Contract
12301979 for the procurement of fare media to be used by
the Department of Transportation/Fresno Area Express
(FAX).
ID 23-8381.-S.
Sponsors:Department of Transportation
Reject all bids of a two-year service contract, with options for ID 23-8751.-T.
Page 8 City of Fresno ***Subject to Mayoral Veto
June 8, 2023City Council Meeting Agenda - Final
three one-year extensions for the purchase of mystery rider
program (RFP File 12300134)
Sponsors:Department of Transportation
***Bill B-16 - (Intro’d 5/25/2023)(For Adoption) Adding Article
21 and Article 22 to Chapter 10 of the Fresno Municipal
Code, Prohibiting Impeding on Sidewalks Within 500 Feet
from Sensitive Areas Including Schools, Childcare Facilities,
Public Parks, Public Libraries, Warming and Cooling
Centers, and City-Permitted Shelters for the Unhoused
(Subject to Mayor’s Veto)
ID 23-9191.-U.
Sponsors:Councilmember Bredefeld and Councilmember Arias
Approve the appointment of Elizabeth McBee to the District 2
Project Review Committee to serve a term which is at the
pleasure of the Councilmember
ID 23-9201.-V.
Sponsors:Councilmember Karbassi
***RESOLUTION - Granting Authority to the City Manager or
Designee to Terminate the Agreement with BW Industries,
Inc., Funded by the American Rescue Plan Act (ARPA) to
Aid in the Covid-19 Recovery Effort (Subject to Mayor’s
Veto)
ID 23-9321.-W.
Sponsors:Councilmember Karbassi, Councilmember Esparza and
Office of Mayor & City Manager
Approve the appointment of Olivia Adams to the City of
Fresno Women’s Commission for a term ending June 8,
2025.
ID 23-9341.-X.
Sponsors:Councilmember Esparza
CONTESTED CONSENT CALENDAR
2. SCHEDULED COUNCIL HEARINGS AND MATTERS
9:00 A.M. RESUMED BUDGET HEARINGS
Office of the City Clerk / Copy CenterID 23-798A.
City Attorney’s OfficeID 23-799B.
General City PurposeID 23-800C.
Page 9 City of Fresno ***Subject to Mayoral Veto
June 8, 2023City Council Meeting Agenda - Final
Office of Mayor & City ManagerID 23-801D.
City Council OfficesID 23-803E.
JOINT MEETING OF THE FRESNO REVITALIZATION CORPORATION AND CITY
OF FRESNO IN ITS CAPACITY AS HOUSING SUCCESSOR TO THE
REDEVELOPMENT AGENCY
Receive Annual Report and Approve FY 23/24 Program
Income Budget for the City of Fresno in its capacity as
Housing Successor to the Redevelopment Agency of the
City of Fresno
ID 23-895F.
10:00 A.M. #1
Appearance by Mary Padilla to discuss who we are
representing. (District 2 Resident)
ID 23-854
Sponsors:Office of Mayor & City Manager
10:00 A.M. #2 (CONTINUED TO JUNE 15, 2023, AT 10:05 A.M.)
Adoption of the Central Southeast Specific Plan (CSESP)ID 23-914
Sponsors:Planning and Development Department
10:05 A.M. (CONTINUED TO JUNE 15, 2023, AT 10:10 A.M.)
HEARING to Consider Plan Amendment and Rezone
Application No. P22-00507, Development Permit Application
No. P22-00505, and related Environmental Assessment No.
P22-00507/P22-00505 pertaining to ±1.23 acres of property
located on the west side of North Sugar Pine Avenue
between West Fir Avenue and West Beechwood Avenues.
(Council District 2) - Planning & Development Department.
1. ADOPT the Mitigated Negative Declaration as prepared
for Environmental Assessment No. P22-00505/P22-00507,
dated December 9, 2022, for the proposed project pursuant
to the State of California Environmental Quality Act (CEQA);
and,
2. RESOLUTION - Approving Plan Amendment Application
No. P22-00507, requesting authorization to amend the
Fresno General Plan to change the planned land use
designation for the subject property from Residential -
ID 23-913
Page 10 City of Fresno ***Subject to Mayoral Veto
June 8, 2023City Council Meeting Agenda - Final
Medium Density (±1.23 acres) to Commercial - General (±
1.23 acres); and,
3. BILL - (For introduction and adoption) - Approving
Rezone Application No. P22-00507, requesting authorization
to amend the Official Zoning Map of the City of Fresno to
rezone the subject property from the RS-5 (Residential
Single Family, Medium Density) (±1.23 acres) zone district to
the CG (Commercial - General) (±1.23 acres) zone district in
accordance with the Plan Amendment Application; and
4. APPROVE - Development Permit Application No. P22-
00505, requesting authorization to construct an 11,664
-square-foot medical clinic and associated parking,
circulation, and infrastructure improvements on the
approximately 1.23-acre site, subject to compliance with
Conditions of Approval dated March 1, 2023.
Sponsors:Planning and Development Department
3. GENERAL ADMINISTRATION
Approve a grant agreement with Bakman Water Company
allocating up to $2,700,000 in American Rescue Plan Act
(ARPA) funding for the construction of water infrastructure
necessary to meet safety standards and fire suppression
requirements for the development of affordable housing at
the Fancher Creek Town Center development.
ID 23-9123.-A.
Sponsors:Finance Department
4. CITY COUNCIL
Resolution - Naming the Fresno Police Department Regional
Training Center the “Jerry P. Dyer Regional Police Training
Center”
ID 23-9234.-A.
Sponsors:Councilmember Bredefeld, Council President Maxwell and
Councilmember Karbassi
Page 11 City of Fresno ***Subject to Mayoral Veto
June 8, 2023City Council Meeting Agenda - Final
5. CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL-EXISTING
LITIGATION
Government Code Section 54956.9, subdivision (d)(1)
Lester Renard Parham, Sr. v. City of Fresno, et al; Fresno
Superior Court Case
No.: 22CECG00243
ID 23-9065.-A.
Sponsors:City Attorney's Office
CONFERENCE WITH LEGAL COUNSEL-EXISTING
LITIGATION
Government Code Section 54956.9, subdivision (d)(1)
Henry Torres v. City of Fresno; Fresno Superior Court Case
No.: 22CECG00596
ID 23-9075.-B.
Sponsors:City Attorney's Office
CONFERENCE WITH LEGAL COUNSEL-EXISTING
LITIGATION
Government Code Section 54956.9, subdivision (d)(1)
Case Name(s): City of Fresno v. Shell Oil Company, et al.;
San Francisco Superior Court Case No. CGC-22-600974
ID 23-9085.-C.
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
ID 23-9225.-D.
Page 12 City of Fresno ***Subject to Mayoral Veto
June 8, 2023City Council Meeting Agenda - Final
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)
Sponsors:Office of Mayor & City Manager
ADJOURNMENT
UPCOMING SCHEDULED COUNCIL HEARINGS AND MATTERS
JUNE 15, 2023
10:00 A.M. - A resolution of the Council of the City of Fresno, California, approving
the issuance by the California Municipal Finance Authority of multifamily housing
revenue bonds in an aggregate principal amount not to exceed $20,000,000 for
the purpose of financing or refinancing the acquisition, construction, improvement
and equipping of Hotel Fresno Apartments and certain other matters relating
thereto
JUNE 22, 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. 144 (Final Tract Map No. 6276) (located on the northwest corner
of North Parc West Drive and North Grantland Avenue) (Council District 1)
JUNE 29, 2023
10:05 A.M. - HEARING to consider the proposed Annual Assessment for the City
of Fresno Landscaping and Lighting Maintenance District No. 1 (Citywide)
JULY 20, 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. 145 (Final Tract Map No. 6283) (located on the southeast corner
of North Fowler Avenue and East Dakota Avenue) (Council District 4)
UPCOMING EMPLOYEE CEREMONIES
EMPLOYEE OF THE QUARTER - 9:00 A.M.
• July 19, 2023 (Wednesday) - Employee of the Summer Quarter
• October 18, 2023 (Wednesday) - Employee of the Fall Quarter
EMPLOYEE SERVICE AWARDS - 10:00 A.M.
• November 15, 2023 (Wednesday) - Employee Service Awards
Page 13 City of Fresno ***Subject to Mayoral Veto
June 8, 2023City Council Meeting Agenda - Final
2023 CITY COUNCIL MEETING SCHEDULE
June 14, 2023 - Vote on Motions
June 15, 2023 - 9:00 A.M.
June 22, 2023 - 9:00 A.M./Final Budget Vote
June 29, 2023 - 9:00 A.M./Reserved for Final Budget Vote
July 20, 2023 - 9:00 A.M.
August 10, 2023 - 9:00 A.M.
August 24, 2023 - 9:00 A.M.
Page 14 City of Fresno ***Subject to Mayoral Veto
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-740 Agenda Date:6/8/2023 Agenda #:
CEREMONIAL PRESENTATION
Proclamation for “Pride Month”
City of Fresno Printed on 6/2/2023Page 1 of 1
powered by Legistar™
06/08/2023
PRESENTED
CITY OF FRESNO
Office of Council Vice President Annalisa Perea
__________________________________________
ANNALISA PEREA, Council Vice President, District 1
__________________________________________ ____________________________________________
JERRY P. DYER, Honorable Mayor TYLER MAXWELL, Council President, District 4
___________________________________________ ____________________________________________
MIKE KARBASSI, Councilmember, District 2 MIGUEL ARIAS, Councilmember, District 3
___________________________________________ __________________________________________
LUIS CHAVEZ, Councilmember, District 5 NELSON ESPARZA, Councilmember, District 7
Is hereby presented in honor of:
LGBTQ+ Pride Month
WHEREAS, the City Council of Fresno recognizes and proclaims the month of June 202 3 as Lesbian,
Gay, Bisexual, Transgender, and Queer (LGBTQ) “Pride Month”; and
WHEREAS, Fresno joins Community Link’s Fresno Rainbow Pride & communities
throughout the Central Valley to observe Pride Month with a Pride flag-raising ceremony to honor the
history of the LGBTQ liberation movement and to support the rights of all citizens to experience
equality and freedom from discrimination; and
WHEREAS, the Progressive Pride flag is widely recognized as an inclusive symbol of pride and support for
marginalized LGBTQ+ communities of color and the Transgender community, reaffirming that all
human beings are born free and equal in dignity and rights; and
WHEREAS, LGBTQ+ individuals have made significant contributions to the cultural, civic, and economic
successes of our city, state, and country; and
WHEREAS, the City of Fresno is committed to supporting visibility, dignity , and equality for LGBTQ+
people. While society at large increasingly supports LGBTQ+ equality, it is essential to acknowledge
that the need for education and awareness remains vital to end discrimination and prejudice; and
WHEREAS, celebrating Pride Month annually fosters awareness and reaffirms support and advocacy for
Fresno’s LGBTQ+ community, and is an opportunity to take action and engage in dialogue to
strengthen alliances, build acceptance, and advance equal rights.
NOW, THEREFORE BE IT RESOLVED, that the Progressive Pride Flag will be raised at Fresno
City Hall on June 9th in recognition of all LGBTQ+ residents who make Fresno a vibrant city in
which to live, work, and visit and we encourage all Californians to join us in doing so.
BE IT FURTHER RESOLVED, that we, Council Vice President Annalisa Perea, Mayor Jerry P.
Dyer, and the Fresno City Council do hereby proclaim June 2023 as:
“LGBTQ+ Pride 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, on
this 8th day of June 2023.
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-935 Agenda Date:6/8/2023 Agenda #:
CEREMONIAL PRESENTATION
Proclamation for “Hugo Morales Day”
City of Fresno Printed on 6/2/2023Page 1 of 1
powered by Legistar™
06/08/2023
PRESENTED
WHEREAS, Hugo Morales was born on March 23, 1949, in Huajuapam de Leon, Oaxaca,
Mexico. At the age of 9, he migrated to Healdsburg, California, where he worked at an
agriculture labor camp alongside his parents. It was here, where he first learned about the
‘power of radio’ as a vital means of communication; and
WHEREAS, Hugo Morales faced numerous challenges, yet achieved academic excellence
and went on to graduate from Harvard College in 1972 and Harvard Law School in 1975. In
September of 1976, Morales co-founded the non-profit organization, Radio Bilingüe, and on
July 4, 1980, the radio station went live; and
WHEREAS, Radio Bilingüe is a transnational satellite community radio service that delivers
culturally competent programming to Latinos and Indigenous People in Mixtec, Spanish,
and English, connecting them with educational and informational content. Under Morales’
leadership, Radio Bilingüe has become the nation’s leading Latino public radio network
with 25 stations and 75 affiliated stations; and
WHEREAS, Hugo Morales has received numerous national recognitions for his
contribution to public radio. Most recently, Morales received an honorary doctorate from
Harvard University for being a beacon in public media and providing the space for voices
unheard; making him the first U.S. Indigenous Mexican person to receive such recognition
from the University; and
WHEREAS, Hugo Morales has a prestigious career spanning over 40 years and we wish to
applaud his passion, dedication, and for being an inspiration for our Fresno community.
NOW, THEREFORE, BE IT RESOLVED, that we, Mayor Dyer and the Fresno City Council
do hereby proclaim the June 8, 2023, to be:
“Hugo Morales Day”
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 8th day of June 2023.
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-969 Agenda Date:6/8/2023 Agenda #:
REPORT TO THE CITY COUNCIL
FROM:Office of the City Clerk
SUBJECT
Unscheduled Communication - Public Comment Emails
City of Fresno Printed on 6/13/2023Page 1 of 1
powered by Legistar™
06/08/2023
DISTRIBUTED
rr:-r-...:-·~ -~--1
l , .. , ·, -• -, ; , ,,
Regular Council Meeting
. -
I I ' I f
L -.1 ,,. . :
June 8, 2023
FRESNO CITY COUNCIL
Supplement Packet
ITEM($)
UNSCHEDULED COMMUNICATION
Contents of Supplement: Public Comment emails
ltem(s)
Supplemental Information:
Any agenda related public documents received and distributed to a majority of the City
Council after the Agenda Packet is printed are included in Supplemental Packets .
Supplemental Packets are produced as needed . The Supplemental Packet is available for
public inspection in the City Clerk's Office, 2600 Fresno Street, during normal business hours
(main location pursuant to the Brown Act, G.C . 54957.5(2). In addition, Supplemental
Packets are available for public review at the City Council meeting in the City Council
Chambers, 2600 Fresno Street. Supplemental Packets are also available on-line on the City
Clerk's website.
Americans with Disabilities Act (ADA):
The meeting room is accessible to the physically disabled, and the services of a translator
can be made available. Requests for additional accommodations for the disabled, sign
language interpreters, assistive listening devices , or translators should be made one week
prior to the meeting . Please call City Clerk's Office at 621-7650. Please keep the doorways,
aisles and wheelchair seating areas open and accessible. If you need assistance with
seating because of a disability, please see Security.
Tina Your
From:
Sent:
To:
Subject:
Thursday, June 08, 2023 10 :34 AM
Clerk
Stand with Fresnans and pass rent control!
External Email: Use caution with links and attachments
Dear Fresno City Council Members,
behalf of Jennifer Arellano
I'm writing to urge you and your Council colleagues to enact rent control to protect renters in our city. Renters make up
more than half of all households here, and we desperately need your support.
I'm a resident of Fresno and live in your district. My personal experiences as a renter in this city, navigating the
increasing cost of housing and everything else, have been a real struggle for me and my loved ones. 1 in 3 of all renters
in Fresno spend more than half of their income on rent.
This is unacceptable. There is no end in sight, with inflation continuing to rise and our rents continuing to increase. Our
community is experiencing a housing crisis. We need you, our elected leaders, to prioritize us working families over
profits for large, out-of-town landlords and corporate housing developers.
Pass rent control and tenant protections this budget season. It's a huge opportunity to invest resources into everyday
Fresnans and protect thousands of families from eviction and homelessness. Thank you.
Sincerely,
Jennifer Arellano
1
Tina Your
From:
Sent:
To:
Thursday, June 08, 2023 10:35 AM
Clerk
)n behalf of Macui-Xochitl Delgado
>
Subject: Stand with Fresnans and pass rent control!
External Email: Use caution with links and attachments
Dear Fresno City Council Members,
I'm writing to urge you and your Council colleagues to enact rent control to protect renters in our city. Renters make up
more than half of all households here, and we desperately need your support .
I'm a resident of Fresno and live in your district. My personal experiences as a renter in this city, navigating the
increasing cost of housing and everything else, have been a real struggle for me and my loved ones. 1 in 3 of all renters
in Fresno spend more than half of their income on rent.
This is unacceptable. There is no end in sight, with inflation continuing to rise and our rents continuing to increase. Our
community is experiencing a housing crisis. We need you, our elected leaders, to prioritize us working families over
profits for large, out-of-town landlords and corporate housing developers.
Pass rent control and tenant protections this budget season . It's a huge opportunity to invest resources into everyday
Fresnans and protect thousands of families from eviction and homelessness. Thank you.
Sincerely,
Macui-Xochitl Delgado
Tina Your
From:
Sent:
To:
Subject:
n.com on behalf of Jamila Rice
Thursday, June 08, lU<:'.j iu:~o AIVI
Clerk
Stand with Fresnans and pass rent control!
External Email: Use caution with links and attachments
Dear Fresno City Council Members,
I'm writing to urge you and your Council colleagues to enact rent control to protect renters in our city. Renters make up
more than half of all households here, and we desperately need your support.
I'm a resident of Fresno and live in your district. My personal experiences as a renter in this city, navigating the
increasing cost of housing and everything else, have been a real struggle for me and my loved ones. 1 in 3 of all renters
in Fresno spend more than half of their income on rent .
This is unacceptable. There is no end in sight, with inflation continuing to rise and our rents continuing to increase . Our
community is experiencing a housing crisis. We need you, our elected leaders, to prioritize us working families over
profits for large, out-of-town landlords and corporate housing developers.
Pass rent control and tenant protections this budget season. It's a huge opportunity to invest resources into everyday
Fresnans and protect thousands of families from eviction and homelessness. Thank you.
Sincerely,
Jamila Rice
,...--.,.
1
Tina Your
From:
Sent:
To:
Subject:
)n behalf of Marisa Moraza
im>
Thursday, June 08, 2023 10:39 AM
Clerk
Stand with Fresnans and pass rent control!
External Email: Use caution with links and attachments
Dear Fresno City Council Members,
I'm writing to urge you and your Council colleagues to enact rent control to protect renters in our city. Renters make up
more than half of all households here, and we desperately need your support.
I'm a resident of Fresno and live in your district. Stable housing provides the foundation needed for our children, elders,
families, lgbtq community members to focus on and improve their mental and physical health. 1 in 3 of all renters in
Fresno spend more than half of their income on rent.
This is unacceptable. There is no end in sight, with inflation continuing to rise and our rents continuing to increase. Our
community is experiencing a housing crisis. We need you, our elected leaders, to prioritize us working families over
profits for large, out-of-town landlords and corporate housing developers.
Pass rent control and tenant protections this budget season. It's a huge opportunity to invest resources into everyday
Fresnans and protect thousands of families from eviction and homelessness. Thank you .
Sincerely,
Marisa Moraza
1
Tina Your
From:
Sent:
To:
Subject:
<
Thursday, June 08, 2023 10:40 AM
Clerk
Stand with Fresnans and pass rent control!
External Email: Use caution with links and attachments
Dear Fresno City Council Members,
1 behalf of Sage Zephier-Hernandez
I'm writing to urge you and your Council colleagues to enact rent control to protect renters in our city. Renters make up
more than half of all households here, and we desperately need your support.
I'm a resident of Fresno and live in your district. My personal experiences as a renter in this city, navigating the
increasing cost of housing and everything else, have been a real struggle for me and my loved ones. 1 in 3 of all renters
in Fresno spend more than half of their income on rent.
This is unacceptable. There is no end in sight, with inflation continuing to rise and our rents continuing to increase. Our
community is experiencing a housing crisis. We need you, our elected leaders, to prioritize us working families over
profits for large, out-of-town landlords and corporate housing developers.
Pass rent control and tenant protections this budget season. It's a huge opportunity to invest resources into everyday
Fresnans and protect thousands of families from eviction and homelessness. Thank you.
Sincerely,
Sage Zephier-Hernandez
r •·-••--"'"'"" ______ .
1
Tina Your
From:
Sent:
To:
n>
Thursday, June 08, 2023 10:44 AM
Clerk
1 behalf of Rowan Bolton
Subject: Stand with Fresnans and pass rent control!
External Email: Use caution with links and attachments
Dear Fresno City Council Members,
I'm writing to urge you and your Council colleagues to enact rent control to protect renters in our city. Renters make up
more than half of all households here, and we desperately need your support.
I'm a resident of Fresno and live in your district. My personal experiences as a renter in this city, navigating the
increasing cost of housing and everything else, have been a real struggle for me and my loved ones. 1 in 3 of all renters
in Fresno spend more than half of their income on rent.
This is unacceptable. There is no end in sight, with inflation continuing to rise and our rents continuing to increase. Our
community is experiencing a housing crisis. We need you, our elected leaders, to prioritize us working families over
profits for large, out-of-town landlords and corporate housing developers.
Pass rent control and tenant protections this budget season. It's a huge opportunity to invest resources into everyday
Fresnans and protect thousands of families from eviction and homelessness. Thank you.
Sincerely,
Rowan Bolton
1
Tina Your
From:
Sent:
To:
Subject:
Thursday, June 08, 2023 10:45 AM
Clerk
Stand with Fresnans and pass rent control!
External Email: Use caution with links and attachments
Dear Fresno City Council Members,
behalf of Casey Bishop
I'm writing to urge you and your Council colleagues to enact rent control to protect renters in our city. Renters make up
more than half of all households here, and we desperately need your support.
I'm a resident of Fresno and live in your district. My personal experiences as a renter in this city, navigating the
increasing cost of housing and everything else, have been a real struggle for me and my loved ones. 1 in 3 of all renters
in Fresno spend more than half of their income on rent.
This is unacceptable. There is no end in sight, with inflation continuing to rise and our rents continuing to increase. Our
community is experiencing a housing crisis. We need you, our elected leaders, to prioritize us working families over
profits for large, out-of-town landlords and corporate housing developers.
Pass rent control and tenant protections this budget season. It's a huge opportunity to invest resources into everyday
Fresnans and protect thousands of families from eviction and homelessness. Thank you.
Sincerely,
Casey Bishop
1
Tina Your
From:
Sent:
To:
Subject:
Kaitlin Goerzen
Thursday, June 08, 2023 11:04 AM
Clerk
support for the ordinance to ban sitting, laying, or sleeping in the public right of way
External Email: Use caution with links and attachments
Hello,
As a home owner in the Tower District, I wanted to reach out and voice my support for the ordinance to ban sitting,
laying, or sleeping in the public right of way. I live on Safford, right around the corner from several homeless
encampments. They frequently camp on the sidewalks or the handicap ramp right at Safford and Olive and at the
businesses at Palm and Olive. I have seen open drug use, found needles in my yard, and seen people using my yard
/driveway as a restroom. I am currently pregnant and there are several homes with children on the block. This is not a
safe nor healthy area to let children play. l have talked to many of my neighbors, all whom voiced concerns over the
growing homeless population at Palm/Olive and Olive/Safford. Thank you Councilmember Arias for working on this
ordinance.
Kaitlin Goerzen, RD
1
Tina Your
From:
Sent:
To:
Subject:
Jessica Harmon <
Wednesday, June 07, 2023 8:35 PM
Clerk
Public comment: budget hearings
External Email: Use caution with links and attachments
Mayor Dyer and Fresno City Council,
I am a deacon at St. James Episcopal Cathedral in Fresno. We are one of the faith communities that is proudly affirming
of LGBTQ+ people. Unfortunately, our world and even our beloved city is not always a safe or welcoming place for
LGBTQ+ people. Discrimination for housing and jobs, and even situations where people's physical and mental safety is at
risk are all more common than they should be here.
We need our City Council and our Mayor to pay attention to this daily struggle and work to make things more equitable.
To this end, a liaison for LGBTQ+ people needs to be appointed and included in the budget. This was a commitment
made by mayor Dyer during Pride month three years ago. The situation is even more urgent now than it was then.
Thank you for keeping your commitment to appointing a LGBTQ+ liaison .
Jessica
The Rev . Den . Jessica Harmon
Curate, St. James Cathedral
Pronouns: she/her/ella
1
Tina Your
From:
Sent:
To:
Subject:
Chris Estep <
Wednesday, June 07, 2023 9:16 PM
Clerk; Jerry Dyer; Georgeanne White; Miguel Arias; Nelson Esparza; Annalisa Perea; Tyler
Maxwell; Luis Chavez; District6; District2
I Support these PARCS, Measure P, and City of Fresno FY23-24 Budget Prioritie
External Email: Use caution with links and attachments
Dear Fresno City Council, Mayor Jerry Dyer, and City Manager Georganne White,
I am writing to ask you to adopt all the budget requests made by Communities for a New California Education Fund--
Fresno Parks Parks Advocates United committee.
1) $600,000 to expand the Youth Fee Waiver/Voucher Program to also include youth-serving organizations.
2) $75,000 to conduct an annual Representative Sample Survey
3) $5,000,000 for a city-wide Participatory Budgeting engagement process
4) Formalize a partnership with the US Soccer Foundation and their Safe Places to Play initiative to create and resurface
multi-sport possible facilities.
5) $450,000 in building an inclusive multi-use court that can accommodate Futsal (SvS soccer), Basketball, and Volleyball
at Quigley, Lions, and Lafayette Parks.
6) Make all new playgrounds accessible and accommodated for all children regardless of abilities or disabilities.
7)$6,000 for new goal posts and nets at the hockey rink at Cary Park. Including goals for Futsal
8) PRAC's Recommendation to set $1 million aside for organizations
9) Expand Mayor Dyer's request for $1,746,500 exclusively for pickleball courts at Roeding Park to also include futsal,
basketball, and volleyball Courts.
These proposals directly support my neighborhood, my family, and myself and would fix some of the issues in our
neighborhood parks.
These proposals reflect and address the needs of constituents and fulfilling them successfully invests in our families, our
future, and our city.
Invest in the future of Fresno, and adopt all the budget asks made by Communities for a New California--Fresno Parks
Advocates United committee.
Thank you .
Sincerely,
1
Tina Your
From:
Sent:
To:
Subject:
Edwin Gonzalez <
Thursday, June 08, 2023 3:22 AM
Clerk; Jerry Dyer; Georgeanne White; Miguel Arias; Nelson Esparza; Annalisa Perea; Tyler
Maxwell; Luis Chavez; District6; District2
I Support these PARC$, Measure P, and City of Fresno FY23-24 Budget Prioritie
External Email: Use caution with links and attachments
Dear Fresno City Council, Mayor Jerry Dyer, and City Manager Georganne White,
I am writing to ask you to adopt all the budget requests made by Communities for a New California Education Fund--
Fresno Parks Parks Advocates United committee.
1) $600,000 to expand the Youth Fee Waiver/Voucher Program to also include youth-serving organizations.
2) $75,000 to conduct an annual Representative Sample Survey
3) $5,000,000 for a city-wide Participatory Budgeting engagement process
4) Formalize a partnership with the US Soccer·Foundation and their Safe Places to Play initiative to create and resurface
multi-sport possible facilities.
5) $450,000 in building an inclusive multi-use court that can accommodate Futsal (SvS soccer), Basketball, and Volleyball
at Quigley, Lions, and Lafayette Parks.
6) Make all new playgrounds accessible and accommodated for all children regardless of abilities or disabilities.
7)$6,000 for new goal posts and nets at the hockey rink at Cary Park. Including goals for Futsal
8) PRAC's Recommendation to set $1 million aside for organizations
9) Expand Mayor Dyer's request for $1,746,500 exclusively for pickleball courts at Reeding Park to also include futsal,
basketball, and volleyball Courts.
These proposals directly support my neighborhood, my family, and myself and would fix some of the issues in our
neighborhood parks.
These proposals reflect and address the needs of constituents and fulfilling them successfully invests in our families, our
future, and our city.
Invest in the future of Fresno, and adopt all the budget asks made by Communities for a New California--Fresno Parks
Advocates United committee.
Thank you .
Sincerely,
1
Tina Your
From:
Sent:
To:
Subject:
Samuel Ramirez < >
Thursday, June 08, 2023 4:58 AM
Clerk; Jerry Dyer; Georgeanne White; Miguel Arias ; Nelson Esparza ; Annalisa Perea ; Tyler
Maxwell; Luis Chavez; District6; District2
I Support these PARCS , Measure P, and City of Fresno FY23-24 Budget Prioritie
External Email: Use caution with links and attachments
Dear Fresno City Council, Mayor Jerry Dyer, and City Manager Georganne White,
I am writing to ask you to adopt all the budget requests made by Communities for a New California Education Fund--
Fresno Parks Parks Advocates United committee.
1) $600,000 to expand the Youth Fee Waiver/Voucher Program to also include youth-serving organizations.
2) $75,000 to conduct an annual Representative Sample Survey
3) $5,000,000 for a city-wide Participatory Budgeting engagement process
4) Formalize a partnership with the US Soccer Foundation and their Safe Places to Play initiative to create and resurface
multi-sport possible facilities.
5) $450,000 in building an inclusive multi-use court that can accommodate Futsal (SvS soccer), Basketball, and Volleyball
at Quigley, Lions, and Lafayette Parks .
6) Make all new playgrounds accessible and accommodated for all children regardless of abilities or disabilities.
7)$6,000 for new goal posts and nets at the hockey rink at Cary Park. Including goals for Futsal
8) PRAC's Recommendation to set $1 million aside for organizations
9) Expand Mayor Dyer's request for $1,746,500 exclusively for pickleball courts at Roeding Park to also include futsal,
basketball, and volleyball Courts.
These proposals directly support my neighborhood, my family, and myself and would fix some of the issues in our
neighborhood parks.
These proposals reflect and address the needs of constituents and fulfilling them successfully invests in our families, our
future, and our city.
Invest in the future of Fresno, and adopt all the budget asks made by Communities for a New California--Fresno Parks
Advocates United committee.
Thank you.
Sincerely,
1
Tina Your
From:
Sent:
To:
Subject:
Jordan Fitzpatrick <
Thursday, June 08, 2023 7:32 AM
Clerk
Public comment, item 1-U
External Email: Use caution with links and attachments
Hello, I am writing in regards to the proposed "SIT, LIE, SLEEP" ORDINANCE", ITEM 1-U .
>
Fresno can do so much to help the disabled and homeless community of Fresno but this will only criminalize and harm
them. Without adequate resources, rent control, and safe shelters, the number of people experiencing homeless will
continue to grow. People experiencing homelessness deserve compassion, support, and respect. Additionally, there are
currently no safe spaces for the LGBT and especially transgender community to seek refuge when experiencing
homelessness. No shelter in Fresno is explicitly welcoming and affirming of transgender people and this ordinance would
make being a homeless trans person with nowhere to go a crime. It is for this and many other reasons that we also need
an LGBT liaison for the city of Fresno to advocate for equity and liberation for all LGBT people in Fresno.
1
Tina Your
From:
Sent:
To:
Subject:
Emily Burnias <
Thursday, June 08, 2023 8:26 AM
Clerk
Sit, Lie,Sleep, Store Ordinance
External Email: Use caution with links and attachments
I believe you have an ordinance that is broad and that will further criminalize the poor and unhoused, that includes
many veterans. That is unacceptable, these men and women have served our country. There must and is a better way to
control this situation without being brutal and unkind. Please show some compassion to those less fortunate and to
those who answered our nation's call .
Emily V Burnias
USN Veteran
Western Regional Vietnam Veterans Memorial Foundation
1
Tina Your
From:
Sent:
To:
Subject:
Jessie Kanter •
Thursday, June 08, 2023 8:36 AM
Clerk; Annalisa Perea
public comment, 1-U
External Email: Use caution with links and attachments
City Council,
I am a community member in district 1 and I strongly oppose the addition of Article 21 and 22 to Chapter 10 of the
Fresno County Municipal Code. I don't believe this ordinance should be able to prohibit where people can "sit, lie, sleep,
or store belongings".
We want safety in our city, but this is not the answer. The ordinance is broad/vague and when looked at carefully, there
is a lot of room for open interpretation that can be harmful. These are human beings we are talking about and
restricting our movement and ability to exist in certain spaces is a violation of our rights. Please do not let this pass.
This is not about enabling people to stay on the streets when there are not enough beds and housing for them in the
first place. What we really need is harm reduction services, not criminalization. This includes safe camps and lots, harm
reduction camps, Safe Use Sites, Resources for medical emergencies, and storage units for the unhoused.
Please vote no to the ordinance for the safety and shared humanity of the people in our city .
Best,
Jessie Kanter
1
Alexis Yrigollen
From:
Sent:
To:
Subject:
Raquel Busani <
Thursday, June 8, 2023 9:53 AM
Clerk
Public comment, budget hearings
External Email: Use caution with links and attachments
Good Morning-
My name is Raquel M . Busani. I am a local attorney, and presently serve on the Board of Directors for
Fresno Metropolitan Flood Control District as a City of Fresno appointee and am also Director of Programming
for the Fresno Reel Pride LGBTQ+ Film Festival.
I write today to (1) support the creation of an LGBTQIA community liaison position in the mayors office;
and {2) to oppose the sit, lie, sleep ordinance--two issues that are not only dear to my heart, but that I believe
will determine the future of Fresno .
LGB TQIA Commu ni ty Liaison: Supp o rt
First , I write in support of the LGBTQIA community liaison in the mayor's office . This should not
however simply be a symbolic position. While symbols and ceremony are appreciated and even necessary,
they stop being calls to action when, as it seems to be the case here, action never happens. Three years ago
when the City of Fresno for the first time raised the Pride flag, Mayor Dye r vowed to accompany this gesture
with the appointment of an LGBTQI ..O. community liaison offi cer, b ut has v et to come through . Of course, these
things take time, but they also take effort -and that effo rt h as not been p ut in since the Mayor's initial
announcement. It is no surprise tha t it has t aken the el ectio n and sweari ng in of the City's first openly queer
City Counsel member to restart this conversation. All the more reason why this position is so important. Ms.
Perea , while openly queer, was not voted in as a representative of the LGBTQIA community, and therefore,
while I have no doubt that she will champion its causes, her duty is to her constituents-most of which are not
members of the LGBTQIA community, and some of which may altogether be antagonistic to the community.
It is unfortunately, because of the antagonism that still exists against the LGBTQIA community, why an
LGBTQIA liaison is necessary. However, as stated, the position must be more than symbolic, and the person
appointed would be expected by the community to:
• Advocate for policies and practices that make every department (police, transportation , planning,
parks, etc.) in the City of Fres n o a safer place for LGBTQ+ individuals.
• Form and/or oversee an LGBTQ+ community advisory group that represents the diversity of the
LGBTQ+ community and its multiple identities and districts
• Represent the needs and desires of the Fresno LGBTQ+ community directly with the Mayor and each
city-wide department
• Be a point of contact for LGBTQ+ community members who might not feel safe to reach out directly to
city officials .
1
This ordinance is not only badly thought out, but it is cruel and a continued sign of the City's disregard
for those at the bottom . Please vote to oppose this senseless and dangerous ordinance.
Conclusion
Thank you in advance for your consideration of these comments in deciding this upcoming year's
budget and consideration of the above issues .
C;) raquel@erlsalg.com
e + 559-479-4119 ext. 231
@ www.theerisatawgroup.com
Raquel M. Busani, Esq.
1e-=-i1 ERISA LAW CENTER
I E L C I Pursuing Your ERISA Benefits
I .&.-, ~ . _, I 6485 N. Palm Avenue, Suite 1051 Fresno, CA 9370~
l__ __J Telephone: +559-478-4119 I +559-478-5939 ------
REVIEW US! CLICK ON THE LINK BELOW, OR VISIT:
https://reviewplatform.findlaw.com/th eerisalawgroup/
CONFIDENTIALITY NOTICE: This communication and any documents, files, or
previous e-mail messages attached to it, constitute an electronic
communication within the scope of the Electronic Communication Privacy
Act, 18 USCA 2510. This communication may contain non-public, confidential,
or legally privileged information intended for the sole use of the designated
recipient(s). The unlawful interception, use or disclosure of such information
is strictly prohibited under 18 USCA 2511 and any applicable laws. If you are
not the intended recipient, or have received this communication in error,
please notify the sender immediately by reply or email or by telephone at
+559-478-4119 ext. 231.
3
Alexis Yrigollen
From:
Sent:
To:
Cc:
Subject:
Emily Brandt <
Thursday, June 8, 2023 9:27 AM
Clerk
SJV Democratic Club
Concerning Ordinance Regarding Homeless on Sidewalks
External Email: Use caution with links and attachments
This approach to ban homeless from occupying sidewalks and other public areas does nothing to relieve homelessness
or to solve the problem of safe access to buildings . Instead, it simply heaps more criminalization on a group of the public
which has been failed by every single public service .
These types of restrictions, rather than solutions to problems, simply increase, not only the trauma to the victims, but
the workload of the enforcers . It defies the logic of community policing, and it treats people in most cases who do not
have the mental and physical health to manage their own Location. You are simply pushing people into the landscaping
and the bushes around the city. City has received millions and millions of dollars to provide real solutions for the
problems. We face with homelessness in Fresno. We know that homelessness has been increasing due to low wages,
expensive and very small, housing inventory . If the City of Fresno would take seriously an approach to solving those
problems by providing a raise in minimum wage to $18 an hour and two single payer healthcare, we would solve this
problem quickly. Rather than spend those funds on bitwise and garlic festivals. We should be spending the money on
addressing the needs of the unhoused Community.
If the City of Fresno really wants to improve the business culture attracting clean businesses, rather than the constant
influx of polluting businesses, we need to address these concerns, and we need to drip dramatically demonstrate that
we are not San Francisco or Oakland or San Jose . We care and we can solve these in ways that they are not.
I urge you to vote against this measure today.
Emily Brandt
At-Large Member, Measure C Citizen Oversight Committee, District 1
Salut!
1
Alexis Yrigollen
From:
Sent:
To:
Cc:
Subject:
Montalvo, Melissa <
Thursday, June 8, 2023 9:53 AM
Clerk
Sontaya Rose
Fresno Bee: confirming vote on consent calendar of 1-U
External Email: Use caution with links and attachments
Good morning,
Just wanted to confirm that item 1-U passed today on the consent calendar?
1-U ***Bill B-16 -(lntro'd 5/25/2023){For Adoption) Adding Article 21 and Article 22 to Chapter 10 ofthe Fresno
Municipal Code, Prohibiting Impeding on Sidewalks Within 500 Feet from Sensitive Areas Including Schools, Childcare
Facilities, Public Parks, Public Libraries, Warming and Cooling Centers, and City-Permitted Shelters for the Unhoused
{Subject to Mayor's Veto) 1.-U. ID 23-919 Sponsors: Councilmember Bredefeld and Councilmember Arias
I understand the vote was 6-1, with Councilmember Annalisa Perea as the sole no vote. Is that correct? I didn't hear
anyone pull the item for consent calendar, but just wanted to double check.
Thank you,
Melissa
Melissa Montalvo
The Fresno Bee
Reporter
Sign up for 'La Abeja,' our Latino communities newsletter
1
Alexis Yrigollen
From:
Sent:
To:
Subject:
D'Aungillique Jackson <
Thursday, June 8, 2023 11 :21 AM
Clerk
No on Sit Lie Sleep
External Email: Use caution with links and attachments
Appose 1-U, Article 21-22 "sit, lie, sleep ordinance,,
-Fresno has consistently experienced the 4th largest rent hike in top 100 largest cities
since July of last year. this ordinance criminalize our residents who are becoming
increasingly more vulnerable to our Valley-wide housing crisis. Not to mention the
unintended attack against our Black and Brown community who has been consistently
degraded using stop and frisk like policies similar to this.
• instead of instituting a policy that will target those who are ho useless and will
put our Black and Brown communities at risk, please look to alternatives that will
cap rent and address this housing crisis
I would also like to support a motion to allocate funding to support an lgbtq+ liaison
that will be selected through a community process, as well as funding to support the
lgbtq+ community, its community-based organizations, and businesses.
Yours truly,
D'Aungillique Jackson
Community Justice Fellow
Faith in the Valley, Fresno
I Arranger I lntellection I Input I Individualization I Adaptability I
1
Alexis Yrigollen
From:
Sent:
To:
( I • \ r
Thursday, June ~, L023 12:01 PM
Clerk
~half of Marissa Corpus <mari_co17
Subject: Stand with Fresnans and pass rent control!
Follow Up Flag:
Flag Status:
Follow up
Completed
External Email: Use caution with links and attachments
Dear Fresno City Council Members,
I'm writing to urge you and your Council colleagues to enact rent control to protect renters in our city. Renters make up
more than half of all households here, and we desperately need your support.
I'm a resident of Fresno and live in your district. My personal experiences as a renter in this city, navigating the
increasing cost of housing and everything else, have been a real struggle for me and my loved ones. 1 in 3 of all renters
in Fresno spend more than half of their income on rent.
This is unacceptable. There is no end in sight, with inflation continuing to rise and our rents continuing to increase. Our
community is experiencing a housing crisis. We need you, our elected leaders, to prioritize us working families over
profits for large, out-of-town landlords and corporate housing developers.
Pass rent control and tenant protections this budget season. It's a huge opportunity to invest resources into everyday
Fresnans and protect thousands of families from eviction and homelessness. Thank you .
Sincerely,
Marissa Corous
1
Alexis Yrigollen
From:
Sent:
To:
Subject:
Follow Up Flag:
Flag Status:
Mary Yang <1
Thursday, June 8, 2023 2:20 PM
Clerk; Jerry Dyer; Georgeanne White; Miguel Arias; Nelson Esparza; Annalisa Perea; Tyler
Maxwell; Luis Chavez; District6; District2
I Support these PARCS, Measure P, and City of Fresno FY23-24 Budget Prioritie
Follow up
Completed
External Email: Use caution with links and attachments
Dear Fresno City Council, Mayor Jerry Dyer, and City Manager Georganne White,
I am writing to ask you to adopt all the budget requests made by Communities for a New California Education Fund--
Fresno Parks Parks Advocates United committee.
1) $600,000 to expand the Youth Fee Waiver/Voucher Program to also include youth-serving organizations.
2) $75,000 to conduct an annual Representative Sample Survey
3) $5,000,000 for a city-wide Participatory Budgeting engagement process
4) Formalize a partnership with the US Soccer Foundation and their Safe Places to Play initiative to create and resurface
multi-sport possible facilities.
5) $450,000 in building an inclusive multi-use court that can accommodate Futsal {SvS soccer), Basketball, and Volleyball
at Quigley, Lions, and Lafayette Parks.
6) Make all new playgrounds accessible and accommodated for all children regardless of abilities or disabilities.
7)$6,000 for new goal posts and nets at the hockey rink at Cary Park. Including goals for Futsal
8) PRAC's Recommendation to set $1 million aside for organizations
9) Expand Mayor Dyer's request for $1,746,500 exclusively for pickleball courts at Roeding Park to also include futsal,
basketball, and volleyball Courts.
These proposals directly support my neighborhood, my family, and myself and would fix some of the issues in our
neighborhood parks .
These proposals reflect and address the needs of constituents and fulfilling them successfully invests in our families, our
future, and our city.
Invest in the future of Fresno, and adopt all the budget asks made by Communities for a New California--Fresno Parks
Advocates United committee.
1
Alexis Yrigollen
From:
Sent:
To:
Subject:
Follow Up Flag :
Flag Status:
Juan Plascencia <1.
Thursday, June 8, 2023 1 :53 PM
Clerk; Jerry Dyer; Georgeanne White; Miguel Arias; Nelson Esparza; Annalisa Perea ; Tyler
Maxwell ; Luis Chavez; District6; District2
I Support these PARCS , Measure P, and City of Fresno FY23-24 Budget Prioritie
Follow up
Completed
External Email: Use caution with links and attachments
Dear Fresno City Council, Mayor Jerry Dyer, and City Manager Georganne White,
I am writing to ask you to adopt all the budget requests made by Communities for a New California Education Fund--
Fresno Parks Parks Advocates United committee.
1) $600,000 to expand the Youth Fee Waiver/Voucher Program to also include youth-serving organizations.
2) $75,000 to conduct an annual Representative Sample Survey
3) $5,000,000 for a city-wide Participatory Budgeting engagement process
4) Formalize a partnership with the US Soccer Foundation and their Safe Places to Play initiative to create and resurface
multi-sport possible facilities.
S) $450,000 in building an inclusive multi-use court that can accommodate Futsal (SvS soccer), Basketball, and Volleyball
at Quigley, Lions, and Lafayette Parks .
6) Make all new playgrounds accessible and accommodated for all children regardless of abilities or disabilities.
7)$6,000 for new goal posts and nets at the hockey rink at Cary Park. Including goals for Futsal
8) PRAC's Recommendation to set $1 million aside for organizations
9) Expand Mayor Dyer's request for $1,746,500 exclusively for pickleball courts at Roeding Park to also include futsal,
basketball, and volleyball Courts.
These proposals directly support my neighborhood, my family, and myself and would fix some of the issues in our
neighborhood parks.
These proposals reflect and address the needs of constituents and fulfilling them successfully invests in our families, our
future, and our city.
Invest in the future of Fresno, and adopt all the budget asks made by Communities for a New California--Fresno Parks
Advocates United committee.
1
Alexis Yrigollen
From:
Sent:
To:
Cc:
Subject:
Attachments:
Follow Up Flag:
Flag Status:
Augie Geno Blancas <
Thursday, June 8, 2023 1:10 PM
Annalisa Perea
District?; Districts; District4; District3; District2; District1; Clerk; Mike Karbassi
Comment Letter Re: LGBTQ Funding Request
A Perea Letter -Re_ LGBTQ Task Force and Liaison (2).pdf
Follow up
Completed
External Email: Use caution with links and attachments
Hello Councilmember Perea and members of Fresno City Council,
Please see the attached letter regarding today's public comments advocating for funding for a potential LGBTQ Liaison
and formation of a LGBTQ commission or taskforce.
Together with my colleagues who have signed on to the letter attached, we are in support of this potential funding to
help amplify the voice of the LGBTQ+ community. However, we feel that more needs to be done in identifying the
liaison, including a continued community engagement effort to outline its roles and responsibilities.
We hope that you reflect on the proposals in the letter to ensure that this is a true community-led process.
In community,
Augie Blancas
1
June 8, 2023
Fresno City Council
Attn: Councilmember Annalisa Perea
2600 Fresno Street, Room 2097
Fresno, CA 93721
Dear Council Vice President Annalisa Perea and Members of the Fresno City Council,
First, we would like to extend our gratitude to bring together the LGBTQ+ Local Leaders
Roundtable on June 6, 2023. Having an open dialogue with members from across the
community is needed now more than ever as the LGBTQ+ community is continuously attacked,
silenced and are being historically and systematically erased from our nation's history, as well
as denied basic and fundamental rights that are afforded to others.
As such, a cohort of leaders in attendance expressed concern regarding the
appointment of an LGBTQ+ Community Liaison within the City of Fresno's Mayor's Office of
Community Affairs. The methodology in which other organizers who were present, including the
petition of approximately 400 signatures -albeit a great start -is not reflective of the community
as a whole. In addition, there is a lack of transparency and community input to define the
prospective appointees role, scope of work, and representation on behalf of the City and
community. There is also concern the new liaison would be selected and appointed in an unfair
or biased process. Lastly, in regards to the established "task force," we feel there is a lack of
clarity with respect to the scope of work and composition of the task force, which more input is
needed to establish.
In the spirit of solidarity and community representation, we should continue to work
together to fully define the recommended proposals to include the following:
1. Holding community meetings to garner feedback on the role and responsibilities of the
LGBTQ+ Task Force or Commission and LGBTQ+ Liaison within the City of Fresno;
2. Upon securing funding in the upcoming 2023-24 budget, establish an 11 member
LGBTQ+ Task Force or Commission to help advise the Fresno City Council on the needs
and concerns of the LGBTQ+ community of all races, religions, ethnic and cultural
backgrounds, among others. Members would be comprised of appointees from all seven
(7) Council districts along with two (2) members identified and appointed from Fresno
youth-serving organizations, one (1) member identified and appointed from a local
community-based organization, and one (1) at-large member appointed by the Mayor's
office. Should a Councilmember be unable to identify an appointment, or choose not to
participate, that appointment would be an additional at-large member appointed by the
District 1 councilmember or Mayor's office. Members should be over the age of 18 at
time of the appointment, and each member will be confirmed by a majority vote of the
Council.
Alexis Yrigollen
From:
Sent:
To:
Thursday, June 8, 2023 12:44 PM
Clerk
m behalf of Emilio Garcia < Emiliolive3
Subject: Stand with Fresnans and pass rent control!
Follow Up Flag:
Flag Status:
Follow up
Completed
External Email: Use caution with links and attachments
Dear Fresno City Council Members,
I'm writing to urge you and your Council colleagues to enact rent control to protect renters in our city. Renters make up
more than half of all households here, and we desperately need your support.
I'm a resident of Fresno and live in your district. My personal experiences as a renter in this city, navigating the
increasing cost of housing and everything else, have been a real struggle for me and my loved ones . 1 in 3 of all renters
in Fresno spend more than half of their income on rent.
This is unacceptable. There is no end in sight, with inflation continuing to rise and our rents continuing to increase. Our
community is experiencing a housing crisis . We need you, our elected leaders, to prioritize us working families over
profits for large, out-of-town landlords and corporate housing developers.
Pass rent control and tenant protections this budget season . It's a huge opportunity to invest resources into everyday
Fresnans and protect thousands of families from eviction and homelessness. Thank you.
Sincerely,
Emilio Garcia
1
Alexis Yrigollen
From:
Sent:
To:
Follow Up Flag:
Flag Status:
David Rice<
Thursday, June 8, 2023 12:53 PM
Clerk
Follow up
Completed
External Email: Use caution with links and attachments
I am The Right Reverend David Rice, the Bishop of The Episcopal Diocese of San Joaquin. I write in opposition to the
ordinance amendment, which would limit where people, presumably, our houseless sisters and brothers, can find
respite. I find this amendment inhumane not to mention counter to the very basis of "faithful responsibility for all" on
which the community I lead and serve, is built.
I hope you will give every consideration to my concern, and the concern of Episcopalians throughout my Diocese, in
particular, in the area in Fresno.
Peace
Bishop David Rice
The Rt Rev David Rice
Bishop of San Joaquin
1
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-917 Agenda Date:6/8/2023 Agenda #:
1.-A.
REPORT TO THE CITY COUNCIL
FROM:TODD STERMER, City Clerk
Office of the City Clerk
SUBJECT
Approve the minutes of May 25, 2023, Regular Meeting and the May 25, 2023, Special Meeting.
Attachment:
Draft Minutes for May 25, 2023, Special Meeting
Draft Minutes for May 25, 2023, Regular Meeting
City of Fresno Printed on 6/2/2023Page 1 of 1
powered by Legistar™
06/08/2023
MA/MK 6-0
TM ABSENT
APPROVED ON CONSENT
Dra� Regular Minutes
of May 25, 2023
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
City of Fresno
Meeting Minutes
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
9:00 AM Council Chambers (In
Person and/or Electronic)
Thursday, May 25, 2023
Regular Meeting
The City Council met in regular session in the Council Chamber, City Hall, on the
date and time above written.
9:05 A.M. ROLL CALL
Councilmember Nelson Esparza
Council President Tyler Maxwell
Vice President Annalisa Perea
Councilmember Mike Karbassi
Councilmember Miguel Angel Arias
Councilmember Luis Chavez
Councilmember Garry Bredefeld
Present:7 -
Invocation by Pastor Eli Loera
Pastor Eli Loera gave the invocation.
Pledge of Allegiance to the Flag
Councilmember Bredefeld led the Pledge of Allegiance.
APPROVE AGENDA
City Clerk Stermer announced the following changes to the agenda:
A special meeting had been separately noticed for 9:00 a.m. to discuss: A.
City of Fresno ***Subject to Mayoral Veto Page 1
May 25, 2023City Council Meeting Minutes
(ID 23-888) regarding a resolution finding good cause and clear and
convincing benefit to the public pursuant to Fresno Municipal Code Section
4-204 relating to the development of property for an affordable housing
development APN 426-253-19 (4323-4333 N. Blackstone Avenue).
Consent Calendar item 1-E (ID 23-811) regarding actions pertaining to a
License Agreement with California Interscholastic Federation – removed
from the agenda by the administration and will return June 15, 2023.
Consent Calendar item 1-F (ID 23-815) regarding a consultant agreement
with Baker Tilly US, LLP – removed from the agenda by the administration
and will return June 15, 2023.
Consent Calendar item 1-G (ID 23-807) regarding various appoints to
various boards - the reappointments of Jon Dohlin and Jose Barraza to the
Parks, Recreation, and Arts Commission have been removed from the
agenda by staff.
Consent Calendar item 1-BB (ID 23-756) regarding the Downtown Fresno
Neighborhood Beautification and Cleanup Project – removed from the
agenda by the administration and will return June 15, 2023.
Consent Calendar item 1-LL (ID 23-816) regarding a traffic assessment with
options for improved safety – Vice President Perea is a co-sponsor of the
item.
Councilmember Esparza recused himself from Consent Calendar item 1-EE
(ID 23-774) regarding approving Contract Change Order No. 02 for the
sewer rehabilitation in the area.
Vice President Perea recused herself from Consent Calendar item 1-FF (ID
23-730) regarding an agreement for professional engineering services with
Quad Knopf , dba., QK Inc.
Councilmember Karbassi registered a "no" vote on Consent Calendar item
1-O (ID 23-779) regarding Accela Civic Platform Enterprise Land
Management System.
City of Fresno ***Subject to Mayoral Veto Page 2
May 25, 2023City Council Meeting Minutes
THE FOLLOWING CONSENT CALENDAR ITEMS WERE MOVED TO THE
CONTESTED CONSENT CALENDAR FOR FURTHER DISCUSSION:
1-G (ID 23-807) regarding various appoints and re-appointments to the
Parks, Recreation and Arts Commission, the Mobile Home Rent Review and
Stabilization Commission and the Civil Service Board – moved to Contested
Consent by Councilmember Arias.
1-M (ID 23-775) regarding a purchase contract to Samsara Network Inc. for
a citywide municipal fleet management solution – moved to Contested
Consent by Councilmember Arias and Councilmember Chavez.
1-N (ID 23-729) regarding the 39th amendment to the Annual Appropriations
Resolution for various Information Services Department projects – moved to
Contested Consent by Councilmember Arias.
1-Q (ID 23-802) regarding the use of FMC section 4-502(d), Design Build
Qualification method of procurement for automation and video surveillance
at the City of Fresno Parking Garages – moved to Contested Consent by
Councilmember Arias.
1-X (ID 23-773) regarding the transmission grid main reimbursements -
moved to Contested Consent by Councilmember Chavez.
1-CC (ID 23-757 regarding the Caltrans Art Project at San Pablo Park at
State Route 180 and Belmont Avenue - moved to Contested Consent by
Councilmember Bredefeld.
1-MM (ID 22-833) regarding the addition of Article 21 and 22 to Chapter 10
of the FMC to prohibit impeding on sidewalks within 500 feet from sensitive
areas. – moved to Contested Consent by Councilmember Arias.
On motion of Councilmember Arias, seconded by Councilmember
Chavez, that the above be APPROVED AS AMENDED. The motion
carried by the following vote:
Aye:Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and
Bredefeld
7 -
City of Fresno ***Subject to Mayoral Veto Page 3
May 25, 2023City Council Meeting Minutes
CEREMONIAL PRESENTATIONS
ID 23-760 Proclamation for “Community Action Month”
PRESENTED
ID 23-626 Proclamation for “Older Americans Month”
PRESENTED
ID 23-552 Proclamation for “CASA Awareness Day”
PRESENTED
ID 23-553 Proclamation for “Kim Shehadey Day”
PRESENTED
ID 23-767 Proclamation for “Celebrating National Public Works Week”
PRESENTED
ID 23-710 Fresno Animal Center’s “Pet of the Month” presented by Fresno Humane
Animal Services
PRESENTED
COUNCILMEMBER REPORTS AND COMMENTS
Councilmember Karbassi Reports and Comments. Attended the California
Restaurant Association awards and congratulated Kuppa Joy, Red Apple
Café, Pismo’s Coastal Grill, Parma Restaurant, and voted the best date
night and most romantic venue, The Cracked Pepper Bistro. Announced the
Restaurant Tour of the Year, Brandon Smith Camp, and Chef of the Year,
Jimmy Pardini. Participated in a press conference to discuss the resolution
to conduct a traffic assessment consent calendar agenda item.
Councilmember Arias Reports and Comments. Discussed attendance at
State of the City. Acknowledged staff for getting the inspections of Hotel
Fresno back on track. He will circle back with the administration on a list of
inspections to follow up on. He invited everyone out to the Tower District
Farmers Market. Announced the upcoming 559 Market event in Chinatown
from 5:00 pm to 10:00 pm. Discussed the proposed Governor’s revised
City of Fresno ***Subject to Mayoral Veto Page 4
May 25, 2023City Council Meeting Minutes
budget regarding the $250 million designated for downtown infrastructure
projects to accommodate the 10,000 housing units. He will be participating
in the 1:00 pm Senate hearing to provide public testimony and to clarify the
intent of the $250 million.
Councilmember Bredefeld Reports and Comments. Attended the California
Restaurant Association awards and recognized the LaRocca family for the
Lifetime Achievement award.
Councilmember Esparza Reports and Comments. Acknowledged the
community partners for the successful and staff back-to-back Play Street
events.
Vice President Perea Reports and Comments. Acknowledged Barbara Horn,
District 1 Resident, and Community Office Danny Guzman for hosting the
neighborhood watch. If residents in District 1 are interested in hosting a
neighborhood watch, contact the office of District 1. Acknowledged staff and
the Fresno Animal Center for hosting a community open house where
several families were united with an adopted dog or cat free of charge.
Hosted the second town hall meeting at the Big Red Church for the Fresno
High Historical neighborhood community. Acknowledge all who participated
in the town hall meeting. Hosted the second annual Pleasant Street Block
Party and acknowledged partners and staff for making the event successful.
Held a press conference regarding the resolution to conduct a traffic
assessment consent calendar agenda item. Discussed the upcoming launch
of the campaign “Operation Slow Down Fresno” to educate residents about
traffic safety. Encouraged the community to come out and participate in the
Tower District Farmers Market every Thursday from 5:00 pm to 9:00 pm.
Announced the upcoming Memorial Day Annual Block Party hosted by
Ampersand ice cream off Echo and Weldon from 11:00 am to 3:00 pm.
Announced the Tower District Pride Parade on June 3, 2023, at 10:00 am.
Council President Maxwell Reports and Comments. Welcomed District 4
staff, Deputy District Director Kia Vang, and Policy Director Shawn Clark.
Held a town hall meeting for the Senior Living Village community at San
Joaquin Terraces and acknowledged the staff for attending the town hall
event. Attended the Valley Honor Flight. For those who wish to be involved,
City of Fresno ***Subject to Mayoral Veto Page 5
May 25, 2023City Council Meeting Minutes
sign up to be a guardian and can accompany a Veteran to Washington, DC.
Discussed on the same page initiative and have collected 1400 books, and
Reading Heart will match, leaving the book at 3,000 to distribute and
thanked everyone for participating in the initiative.
MAYOR/MANAGER REPORTS AND COMMENTS
City Manager White Reports and Comments. Acknowledged staff for the
Economic Development Department’s first activity report which was
distributed to Council and will be going forward on a quarterly basis.
Acknowledged the Airports team on the airports bond transaction which
closed. Discussed the fire inspectors’ vacancies and filling the positions.
Clarified the June 8, 2023 is scheduled to be a regular business meeting
and budget meeting.
UNSCHEDULED COMMUNICATION
Upon call, the following members of the public addressed the Council for
Unscheduled Communication, Consent Calendar, and Closed Session:
Steven Diddy; Kay Bertken (1-OO); Fernando Elizando; Cindy Pimbino
(1-MM); Alan Patzkowsky; Maria Alvarez Garcia; Rain Chamberlain (1-MM);
Lethal Garcia (1-MM); Raymond Juarez; Brandi Nuse-Villegas (1-MM);
Alexandra Alvarado (1-MM); Leticia Castillas; Patricia Shawn; David Willis;
Victoria Santilla; Gloria Hernandez; Green eyes (1-MM); Dez Martinez
(1-MM); Lynne Owens; Lisa Flores (1-MM); Marisa Moraza (1-MM); Shar
Thompson; Kiel Lopez Schmidt (1-MM); Lindsay Herbert, and Ruben
Espinoza.
1. CONSENT CALENDAR
APPROVAL OF THE CONSENT CALENDAR
On motion of Councilmember Arias, seconded by Councilmember
Esparza, the CONSENT CALENDAR was hereby adopted by the
following vote:
Aye:Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and
Bredefeld
7 -
1.-A.ID 23-781 Approval of Minutes for May 11, 2023, Regular Meeting and May 18, 2023,
Special Meeting.
APPROVED ON CONSENT CALENDAR
City of Fresno ***Subject to Mayoral Veto Page 6
May 25, 2023City Council Meeting Minutes
1.-B.ID 23-737 Actions related to Amendment No. 15 to the Engineering and Related
Environmental Support Services Agreement with Environmental
Resources Management, Inc.:
1. Affirm the City Manager’s determination that Environmental
Resources Management, Inc ., is uniquely qualified to perform
environmental and remedial services at Fresno Yosemite
International Airport
2.Approve Amendment No. 15 to the Agreement between City of
Fresno and Environmental Resources Management, Inc ., to
provide ongoing engineering, environmental and remedial actions
concerning groundwater contamination at Fresno Yosemite
International Airport for an amount not to exceed $789,014, for a
total contract amount of $5,463,939 (Council District 4)
APPROVED ON CONSENT CALENDAR
1.-C.ID 23-813 Actions related to the Support and Maintenance Agreement with Amadeus
Airport IT Americas, Inc.,:
1.Affirm the City Manager’s determination that Amadeus Airport IT
Americas, Inc. is uniquely qualified to perform maintenance and
technical support on Fresno Yosemite International Airport ’s (FAT)
common use platform and equipment.
2.Adopt a finding of Categorical Exemption pursuant to Section
15301 (Existing Facilities) of the California Environmental Quality
Act Guidelines.
3.Approve the Support and Maintenance Agreement with Amadeus
Airport IT Americas, Inc., for 24/7 Support and Maintenance to the
airline common use system at FAT for a term of five years. Annual
costs are $611,129. Total costs during the full five -year term of the
agreement are $3,055,645. (Council District 4)
APPROVED ON CONSENT CALENDAR
1.-D.ID 23-850 Actions related to Bid File 12301856 soliciting proposals for Air Service
Development Consulting Services at Fresno Yosemite International Airport
(FAT). (Council District 4)
1.Award a five-year term Agreement to Campbell -Hill in the amount of
$500,000, for Air Service Support Services at Fresno Yosemite
International Airport (FAT) and authorize the Director of Aviation
(Director) to execute the contractual document (s) (Bid File
12301856) (District 4)
APPROVED ON CONSENT CALENDAR
1.-E.ID 23-811 Actions pertaining to a License Agreement with California Interscholastic
Federation (CIF) for use of Woodward Park for the State Cross Country
City of Fresno ***Subject to Mayoral Veto Page 7
May 25, 2023City Council Meeting Minutes
Championship Special Event:
1.Authorize a five (5) year License Agreement with California
Interscholastic Federation (CIF) for use of Woodward Park for the
State Cross Country Championship Special Event two days per
year
The above item was removed from the agenda by staff and tabled to June
15, 2023.
TABLED
1.-F.ID 23-815 Approve a consultant agreement with Baker Tilly US, LLP in the amount of
$256,443, plus a not-to-exceed contingency amount of $10,000, to provide
consulting services on development of an assessment - along with
recommendations for options - to improve the services and affordability of
electricity in the City of Fresno; authorize the City Manager or designee to
execute all related documents. (Citywide)
The above item was removed from the agenda by staff and tabled to June
15, 2023.
TABLED
1.-H.ID 23-742 Approve a 3-year agreement with the County of Fresno to receive County
Aid Dispatch services for $3,086,756.
APPROVED ON CONSENT CALENDAR
1.-I.ID 23-747 Approve agreement with the California Office of Emergency
Services (Cal OES) for temporary assignment of a Type I Fire
Engine.
APPROVED ON CONSENT CALENDAR
1.-J.ID 23-812 ***RESOLUTION - Adopt the 38th Amendment to the Annual Appropriation
Resolution 2022-154 establishing appropriations in the amount of $202,000
for Fire Department reimbursable training programs. (Requires 5
Affirmative Votes) (Subject to Mayor’s Veto)
RESOLUTION 2023-146 ADOPTED
APPROVED ON CONSENT CALENDAR
1.-K.ID 23-748 Adoption of the Federal Emergency Management Agency (FEMA) and
California Governor ’s Office of Emergency Services (CalOES) standard
resolutions designating authorized agents for the City of Fresno for future
Public Assistance Grants
RESOLUTION 2023-145 ADOPTED
City of Fresno ***Subject to Mayoral Veto Page 8
May 25, 2023City Council Meeting Minutes
APPROVED ON CONSENT CALENDAR
1.-L.ID 23-843 Actions pertaining to RFP No. 012023RQ soliciting proposals for
consultant services and agreed-upon procedures.
1.Approve agreement with Macias Gini & O’Connell, LLP for consultant
services for agreed-upon procedures in the amount of $69,788; and
2.Approve agreement with Price Paige & Company, Certified Public
Accountants, LLP for professional consulting services in the amount of
$139,800.
APPROVED ON CONSENT CALENDAR
1.-O.ID 23-779 Actions pertaining to Accela Civic Platform Enterprise Land Management
System:
1.Affirm the City Manager ’s determination that Accela, Inc. is uniquely
qualified; and
2.Approve a five-year Subscription Services Agreement and Order
with Accela, Inc., to upgrade the software to current Cloud -based
SaaS version, in the amount of $5,144,900.76; and
3.Approve the SaaS Migration Services Statement of Work with
Accela, Inc., in the amount of $219,100
Councilmember Karbassi registered a "no" vote on the above item. The item
was APPROVED 6-1 by the following vote:
Aye: 6 - Perea, Arias, Maxwell, Chavez, Bredefeld, Esparza
No: 1 - Karbassi
APPROVED ON CONSENT CALENDAR
1.-P.ID 23-810 ***RESOLUTION - Adopt the 14th Amendment to the FY 2023 Salary
Resolution No. 2022-152, amending Exhibit 8, Unit 8 - Non-Represented,
by adding the new classification of Youth Jobs Corps Program
Ambassador and providing a salary range of $15.50 - $19.50 per hour;
Youth Jobs Corps Program Participant and providing a salary range of
$15.50 - $19.50 per hour; Youth Jobs Corps Program Mentor and
providing a salary range of $16.00 - $20.50 per hour; Airport Public Safety
Officer and respective salary range; and Airport Public Safety Supervisor
and respective salary range; deleting Exhibit 11, Unit 11 - Airport Public
Safety Officers; deleting Exhibit 15, Unit 15, Airport Public Safety
Supervisors (FAPSS); amending Section 13 to remove Exhibit 11, Unit 11,
Airport Public Safety Officers and to remove Exhibit 15, Unit 15, Airport
Public Safety Supervisors, and amending Section 18 to incorporate
benefits and terms and conditions for permanent employees in
classifications of Airport Public Safety Officer and Airport Public Safety
Supervisor, retroactively effective May 22, 2023 (Subject to Mayor’s Veto)
City of Fresno ***Subject to Mayoral Veto Page 9
May 25, 2023City Council Meeting Minutes
RESOLUTION 2023-148 ADOPTED
APPROVED ON CONSENT CALENDAR
ID 23-939 Public comment received for May 25, 2023, Regular Meeting
1.-R.ID 23-738 Award a consultant services agreement to Hazardous Materials Institute,
LLC, in the amount not to exceed $121,575 to update the confined space
entry program and provide training for the Department of Public Utilities -
Wastewater Management Division (Citywide).
APPROVED ON CONSENT CALENDAR
1.-S.ID 23-706 Award a consultant services agreement to Omni Design, Inc ., of San Luis
Obispo, California, for an amount not to exceed $207,728 for the Design of
Materials Storage Buildings at the Fresno -Clovis Regional Wastewater
Reclamation Facility’s (Council District 3).
APPROVED ON CONSENT CALENDAR
1.-T.ID 23-739
Approve a consultant services agreement with Carollo Engineers Inc ., in an
amount not to exceed $810,873, inclusive of a $74,000 contingency, for the
Downtown Area Water and Wastewater Infrastructure Improvements Study
(Bid File 12301832) (Council District 3)
APPROVED ON CONSENT CALENDAR
1.-U.ID 23-762 Award a consultant services agreement to Blair, Church and Flynn
Consulting Engineers, Inc., in the amount not to exceed $211,600, inclusive
of a $20,000 contingency, for the design of sewer rehabilitation
improvements in the area bound by Ashlan, Millbrook, Gettysburg, and
Cedar Avenues (Council District 4).
APPROVED ON CONSENT CALENDAR
1.-V.ID 23-769 ***RESOLUTION - Of Intention by the Council of the City of Fresno,
California, to grant Valley Dumpster Service LLC, a Non -Exclusive
Franchise for Roll-Off collection services within the City of Fresno, and
setting the public hearing for August 10, 2023, at 10:00 AM (Citywide).
(Subject to Mayor’s Veto)
RESOLUTION 2023-149 ADOPTED
APPROVED ON CONSENT CALENDAR
1.-W.ID 23-772 Award a consultant services agreement to Michael K. Nunley &
Associates, Inc., in the amount of $80,500, inclusive of a $10,000
contingency, for professional engineering services to prepare the
City of Fresno ***Subject to Mayoral Veto Page 10
May 25, 2023City Council Meeting Minutes
Fresno-Clovis Regional Wastewater Reclamation Facility Bar Screen
Optimization Study (Council District 3).
APPROVED ON CONSENT CALENDAR
1.-Y.ID 23-770 Award a consultant services agreement to Akel Engineering Group, Inc. in
the amount of $708,000 to prepare the Sanitary Sewer Master Plan
(Citywide).
APPROVED ON CONSENT CALENDAR
1.-Z.ID 23-778 Actions pertaining to the water main replacement project bound by West
Clinton, West University, North Fruit and North Teilman Avenues. (Bid File
12301902) (Council District 1):
1.Adopt a finding of Categorical Exemption per staff determination
pursuant to Section 15301/Class 1 (Existing Facilities) and
15302/Class 2 (Replacement or Reconstruction) of the California
Environmental Quality Act Guidelines.
2.Award a construction contract to Dawson -Mauldin, LLC., in the
amount of $4,787,434.
APPROVED ON CONSENT CALENDAR
1.-AA.ID 23-819 Approve a cooperative purchase agreement with Quinn Power Systems,
for the purchase of three new Caterpillar natural gas generators in the
amount of $7,762,480.04, for the Fresno-Clovis Regional Wastewater
Reclamation Facility (Council District 3).
APPROVED ON CONSENT CALENDAR
1.-BB.ID 23-756 Actions pertaining to the Downtown Fresno Neighborhood Beautification
and Cleanup Project (Council Districts 1, 3, & 7):
1. Affirm the City Manager’s determination that Fresno Arts Council
is uniquely qualified
2. Approve the Agreement between City of Fresno and Fresno Arts
Council, Inc. of Fresno CA, a uniquely qualified consultant, in the
amount of $207,500 for procurement of transportation art on behalf
of the City of Fresno.
The above item was removed from the agenda by staff and tabled to June
15, 2023.
TABLED
1.-DD.ID 23-766 Actions pertaining to the Waste Gas Flare Project at the Fresno-Clovis
Regional Wastewater Reclamation Facility Project ID TC00159 (Bid File
No. 3750) (District 3)
1.Approve Contract Change Order 04 to W.M Lyles Co., in the
City of Fresno ***Subject to Mayoral Veto Page 11
May 25, 2023City Council Meeting Minutes
amount of $ 132,418.10 and two (2) additional working days.
APPROVED ON CONSENT CALENDAR
1.-EE.ID 23-774 Approve Contract Change Order No. 02 in the amount of $85,840 and
allow Ten (10) additional working days for the completion of this additional
work to Emmett’s Excavation, Inc. for the Sewer Rehabilitation in the area
bound by Blackstone, Maroa, McKinley, and Clinton Avenues Project ID
RC00177 (Bid File 3836) (Council Districts 1 and 7)
Councilmember Esparza recused himself from the above item. The item was
APPROVED 6-0 by the following vote:
Aye: 6 - Perea, Karbassi, Arias, Maxwell, Chavez, Bredefeld
Recused: 1 - Esparza
APPROVED ON CONSENT CALENDAR
1.-FF.ID 23-730 Approve an agreement for professional engineering services with Quad
Knopf, dba., QK Inc., for $73,800, with a $7,000 contingency, for design
and construction support services for the Al Radka Small Dog Park Project
(Council District 5)
Vice President Perea recused herself from the above item. The item was
APPROVED 6-0 by the following vote:
Aye: 6 - Karbassi, Arias, Maxwell, Chavez, Bredefeld, Esparza
Recused: 1 - Perea
APPROVED ON CONSENT CALENDAR
1.-GG.ID 23-733 Actions pertaining to the award of a requirements contract to International
Coatings Co. in the amount up to $186,121.46 for the purchase of Traffic
Paint. (Bid File 12301341)
APPROVED ON CONSENT CALENDAR
1.-HH.ID 23-763 RESOLUTION - Acknowledge an update to the Bicycle and Pedestrian
Committee’s 2003 charter and the name change of the Bicycle and
Pedestrian Advisory Committee to the Active Transportation Advisory
Committee
RESOLUTION 2023-153 ADOPTED
APPROVED ON CONSENT CALENDAR
1.-II.ID 23-768 Actions pertaining to Armstrong Avenue and Hamilton Avenue Children ’s
City of Fresno ***Subject to Mayoral Veto Page 12
May 25, 2023City Council Meeting Minutes
and Tot Play Area Project Bid File 12301734 (Council District 5):
1.Adopt a finding of Categorical Exemption per staff ’s determination,
pursuant to Section 15301/Class 1, 15303/Class 3 and
15311/Class 11 of the California Environmental Quality Act (CEQA)
Guidelines
2.Award a construction contract in the amount of $402,535 to Truxell &
Valentino Landscape Development, Inc. of Fresno, California, as
the lowest responsive and responsible bidder
APPROVED ON CONSENT CALENDAR
1.-JJ.ID 23-771 Actions pertaining to Initiating Proceedings and Declaring
Intention to Levy the Annual Assessment for the City of Fresno
Landscaping and Lighting Maintenance District No. 1; and
setting the public hearing for June 29, 2023, at 10:05 a.m.
(Citywide)
1.RESOLUTION - Initiating proceedings for the
annual levy of assessment for Landscaping and Lighting
Maintenance District No. 1
2.RESOLUTION - Of Intention to levy and collect the annual
assessment for landscaping and lighting maintenance
District No. 1
RESOLUTION 2023-154 ADOPTED
RESOLUTION 2023-155 ADOPTED
APPROVED ON CONSENT CALENDAR
1.-KK.ID 23-823 Actions pertaining to the John Muir Elementary Safe Routes to School
Project - Bid File 12301163 (Council District 3)
1.Adopt a finding of Categorical Exemption per staff determination
pursuant to Section 15301/Class 1 of the California Environmental
Quality Act (CEQA) Guidelines
2.Award a construction contract in the amount of $1,695,390 to
Avison Construction, Inc., of Madera, California
APPROVED ON CONSENT CALENDAR
1.-LL.ID 23-816 ***RESOLUTION - Conduct a Traffic Assessment to Include Options for
Improved Safety (Subject to Mayor’s Veto)
RESOLUTION 2023-156 ADOPTED
APPROVED ON CONSENT CALENDAR
1.-NN.ID 23-849 Approve the reappointment of Kacey Auston to the Fresno Metropolitan
Flood Control District Board, for a term ending August 3, 2026.
City of Fresno ***Subject to Mayoral Veto Page 13
May 25, 2023City Council Meeting Minutes
APPROVED ON CONSENT CALENDAR
1.-OO.ID 23-859 ***RESOLUTION - Relating to the Retention of the Fresno Arts Council to
Administer the City’s Cultural Arts Grant Programs Pursuant to Fresno
Municipal Code Section 7-1506(B)(4) (Subject to Mayor’s Veto)
RESOLUTION 2023-157 ADOPTED
APPROVED ON CONSENT CALENDAR
1.-PP.ID 23-885 Approve use of Fresno Municipal Code Section 4-502(d), Design-Build
Qualification Method of procurement for the Senior Activity Center Project
at 4343 North Blackstone Avenue (Council District 4)
APPROVED ON CONSENT CALENDAR
THE CITY IN ITS CAPACITY AS HOUSING SUCCESSOR TO THE
REDEVELOPMENT AGENCY OF THE CITY OF FRESNO
AND FRESNO REVITALIZATION CORPORATION
1.-QQ.ID 23-852 ***RESOLUTION- Declaring property located near the northwest corner of
Fulton and Inyo Streets at 829 and 835 Fulton Street (APNs 468-282-05T
and -22T) to be surplus and directing staff to comply with the Surplus Land
Act (Council District 3) (Subject to Mayor’s Veto).
RESOLUTION 2023-158 ADOPTED
APPROVED ON CONSENT CALENDAR
CONTESTED CONSENT CALENDAR
1.-G.ID 23-807 Approve the appointments of Kelly Kucharski and Christina Soto to the
Parks, Recreation, and Arts Commission for a term ending July 1, 2026,
and approve the reappointments of Jon Dohlin and Jose Barraza, to the
Parks, Recreation, and Arts Commission for a term ending July 1, 2027.
Approve the appointment of Shannon McCulligh to the Mobile Home Rent
Review and Stabilization Commission as a Resident Commissioner for a
term ending June 30, 2024. Approve the reappointment of Linda Moreno to
the Civil Service Board for a term ending June 30, 2027.
Councilmember Arias moved this item to Contested Consent to get
clarification on the appointment and reappointment process.
Council discussion on this item included: The replacement of Commissioner
McCoy and Commissioner Parkes; why the appointing authority is seeking
the replacement of the two commissioners; continue to have the termed-out
City of Fresno ***Subject to Mayoral Veto Page 14
May 25, 2023City Council Meeting Minutes
commissioners serve; the implementation of Measure P; the qualifications
of the newly appointed commissioners; filling the seat of Commissioner
Parkes with Kelly Kucharski and Commissioner McCoy remaining on the
commission.
Motion to approve to amend removing the appointment of Christina Soto.
On motion of Council President Maxwell, seconded by
Councilmember Karbassi, that the above Action Item be APPROVED
AS AMENDED. The motion carried by the following vote:
Aye:Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and
Bredefeld
7 -
1.-M.ID 23-775 Approve the award of a purchase contract to Samsara Network Inc. of San
Francisco, California, to provide a citywide municipal fleet management
solution for vehicle telematics, engine trouble codes, emissions testing,
and asset tracking in the amount of $613,500 for city vehicles and
equipment
Councilmember Arias moved this item to Contested Consent to discuss the
highest bidder and provide the rational for recommending the vendor
Council discussion on this item included: can the staff find a cheaper vendor
that meets the needs of the contract; the impacts of the item if council tables
the matter until budget hearings; when the current system expires; and how
long it has been non-operational.
APPROVED
On motion of Councilmember Arias, seconded by Vice President
Perea, that the above Action Item be APPROVED. The motion carried
by the following vote:
Aye:Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and
Bredefeld
7 -
1.-N.ID 23-729 ***RESOLUTION - Adopting the 39th Amendment to the Annual
Appropriation Resolution (AAR) No. 2022-154 to appropriate $621,200
for various projects in the Information Services Department (Requires 5
Affirmative Votes) (Subject to Mayor’s Veto)
Councilmember Arias moved this item to Contested Consent to discuss the
various items and the carryover funds.
City of Fresno ***Subject to Mayoral Veto Page 15
May 25, 2023City Council Meeting Minutes
Council discussion on this item included: the carryover funds; how much of
the general fund is being used; what office space is being reconfigured with
the carryover money, and when the radio communications upgrade project
will be completed.
RESOLUTION 2023-147 ADOPTED
On motion of Councilmember Arias, seconded by Councilmember
Bredefeld, that the above Action Item be APPROVED. The motion
carried by the following vote:
Aye:Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and
Bredefeld
7 -
1.-Q.ID 23-802 Approve use of Fresno Municipal Code Section 4-502(d),
Design Build Qualification Method of procurement for
automation and video surveillance at the City of Fresno Parking
Garages.
Councilmember Arias moved this item to Contested Consent to discuss the
timeline of upgrades to the parking garages.
Council discussion on this item included: automation of the ticket booths
and when staff will bring an award of contract for the automation and video
cameras.
APPROVED
On motion of Councilmember Arias, seconded by Councilmember
Karbassi, that the above Action Item be APPROVED. The motion
carried by the following vote:
Aye:Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and
Bredefeld
7 -
1.-X.ID 23-773
Actions pertaining to transmission grid main reimbursements:
1.RESOLUTION - Making findings under the California Environmental
Quality Act (CEQA) that the proposed changes to portions of the
Fresno Municipal Code and Master Fee Schedule concerning
transmission grid mains and associated reimbursements are not a
project pursuant to CEQA Guidelines Section 15378.
2.BILL - (For introduction) - Repealing Section 6-516 of the Fresno
City of Fresno ***Subject to Mayoral Veto Page 16
May 25, 2023City Council Meeting Minutes
Municipal Code and amending Section 6-501(ee) relating to
transmission grid mains and associated reimbursements.
3.***RESOLUTION - 577th amendment to the Master Fee Resolution
No. 80-420 to repeal transmission grid credit /reimbursement
amounts under the Public Utilities section. (Subject to Mayor’s Veto)
Councilmember Chavez moved this item to Contested Consent but had no
further questions when the item was heard. There was no staff presentation
and no Council discussion.
RESOLUTION 2023-150 ADOPTED
RESOLUTION 2023-151 ADOPTED
BILL B-15 APPROVED, INTRODUCED AND LAID OVER
On motion of Councilmember Chavez, seconded by Councilmember
Arias, that the above Action Item be APPROVED. The motion carried
by the following vote:
Aye:Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and
Bredefeld
7 -
1.-CC.ID 23-757 Actions pertaining to the Caltrans Art Project at San Pablo Park at State
Route 180 and Belmont Avenue (Council District 3):
1. ***RESOLUTION - Adopt the 42nd Amendment to the Annual
Appropriations Resolution No. 2022-154, in the amount of
$648,600, to allow the San Pablo Park - Caltrans Art project to
move forward with the execution of project-related agreements
(Requires 5 Affirmative Votes) (Subject to Mayor’s Veto)
2. Approve the Transportation Art Agreement - Clean California
Beautification Fund Contribution between the City of Fresno and
California Department of Transportation (Caltrans), in the amount of
$675,000 for project management, contract administration and
procurement of transportation art on behalf of Caltrans
3. Affirm the City Manager’s determination that Fresno Arts Council
is uniquely qualified
4. Approve the Agreement between City of Fresno and Fresno Arts
Council, Inc. of Fresno CA, a uniquely qualified consultant, in the
amount of $642,600 for procurement of transportation art on behalf
of the City of Fresno
Councilmember Bredefeld moved this item to Contested Consent to discuss
the artist selection process and the criteria of the art being is selected.
RESOLUTION 2023-152 ADOPTED
City of Fresno ***Subject to Mayoral Veto Page 17
May 25, 2023City Council Meeting Minutes
On motion of Councilmember Bredefeld, seconded by
Councilmember Karbassi, that the above Action Item be APPROVED.
The motion carried by the following vote:
Aye:Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and
Bredefeld
7 -
1.
-MM.
ID 23-833 Bill - (For introduction) Adding Article 21 and Article 22 to Chapter 10 of
the Fresno Municipal Code, Prohibiting Impeding on Sidewalks Within 500
Feet from Sensitive Areas Including Schools, Childcare Facilities, Public
Parks, Public Libraries, Warming and Cooling Centers, and City-Permitted
Shelters for the Unhoused.
Councilmember Arias moved this item to Contested Consent to address
clarifying points based on public comment received. Councilmember Arias
and Councilmember Bredefeld introduced the item to Council.
Council discussion on this item included: the logistics of enforcement; who
will be doing the enforcement; the consequences of violating the ordinance;
if shopping centers are covered; what are the legal restrictions for the city to
respond and what the process is; ensuring the city is within the Boise ruling;
have other cities have been sued for not having a provision; does the
ordinance apply to food vendors; if Section 3 is tied to sensitive uses; if
there is an ordinance already in place that addressed obstruction of public
right-of-way; the inclusion of residential neighborhoods and why the
ordinance does not address railroad, canals or freeways.
Motion to approve and adhere to State law, protect the mobile and Retail
temporary vendors, and return for a review in three months.
BILL B-16 APPROVED AS AMENDED, INTRODUCED AND LAID OVER
On motion of Councilmember Arias, seconded by Councilmember
Bredefeld, that the above Action Item be APPROVED. The motion
carried by the following vote:
Aye:Esparza, Maxwell, Karbassi, Arias, Chavez and Bredefeld6 -
No:Perea1 -
2. SCHEDULED COUNCIL HEARINGS AND MATTERS
10:00 A.M.
City of Fresno ***Subject to Mayoral Veto Page 18
May 25, 2023City Council Meeting Minutes
ID 23-809 HEARING to adopt Resolutions and Ordinance to annex territory and levy a
Special Tax regarding City of Fresno Community Facilities District Number
18, Annexation Number 002 (T6212, located on the southwest corner of
North Parc West Drive and North Grantland Avenue; T 6276, located on the
northwest corner of North Parc West Drive and North Grantland Avenue;
T6350, located on the northeast corner of North Parc West Drive and West
Holland Avenue) (District 1)
1.***RESOLUTION - to Annex Territory to Community Facilities
District No. 18 and Authorizing the Levy of a Special Tax for
Annexation No. 002 (Subject to Mayor’s Veto)
2.***RESOLUTION - Calling Special Mailed-Ballot Election
(Subject to Mayor’s Veto)
3.***RESOLUTION - Declaring Election Results (Subject to
Mayor’s Veto)
4.***BILL - (For introduction and adoption) - Levying a Special Tax
for the Property Tax Year 2022-2023 and Future Tax Years
Within and Relating to Community Facilities District No. 18,
Annexation No. 002 (Subject to Mayor’s Veto)
The above hearing was called to order at 11:43 A.M. There was no staff
presentation, no Council discussion. Upon call, the following member of the
public address Council: Lisa Flores. The public comment period closed at
11:48 A.M.
RESOLUTION 2023-159 ADOPTED
RESOLUTION 2023-160 ADOPTED
RESOLUTION 2023-161 ADOPTED
BILL B-17 INTRODUCED/ADOPTED AS ORDINANCE 2023-015
On motion of Vice President Perea, seconded by Councilmember
Arias, that the above Action Item be ADOPTED. The motion carried by
the following vote:
Aye:Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and
Bredefeld
7 -
10:05 A.M.
ID 23-764 HEARING to adopt resolutions and ordinance to annex territory and levy a
special tax regarding City of Fresno Community Facilities District No. 11,
Annexation Number 142 (Final Tract Map Number 6350) (located on the
northeast corner of North Parc West Drive and West Holland Avenue )
(Council District 1)
1.***RESOLUTION - to Annex Territory to Community Facilities
City of Fresno ***Subject to Mayoral Veto Page 19
May 25, 2023City Council Meeting Minutes
District No. 11 and Authorizing the Levy of a Special Tax for
Annexation No. 142 (Subject to Mayor’s Veto)
2.***RESOLUTION - Calling Special Mailed-Ballot Election (Subject
to Mayor’s Veto)
3.***RESOLUTION - Declaring Election Results (Subject to Mayor’s
Veto)
4.***BILL - (For introduction and adoption) - Levying a Special Tax for
the Property Tax Year 2022-2023 and Future Tax Years Within and
Relating to Community Facilities District No. 11, Annexation No.
142 (Subject to Mayor’s Veto)
The above hearing was called to order at 11:48 A.M. There was no staff
presentation, no Council discussion, and no public comment. The public
comment period closed at 11:48 A.M.
RESOLUTION 2023-162 ADOPTED
RESOLUTION 2023-163 ADOPTED
RESOLUTION 2023-164 ADOPTED
BILL B-18 INTRODUCED/ADOPTED AS ORDINANCE 2023-016
On motion of Vice President Perea, seconded by Councilmember
Karbassi, that the above Action Item be ADOPTED. The motion carried
by the following vote:
Aye:Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and
Bredefeld
7 -
10:10 A.M.
ID 23-731 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. 143 (Final Tract Map
No. 6370) (Located on the west side of North Chestnut Avenue
and East Powers Avenue) (Council District 6)
1.***RESOLUTION - to Annex Territory to Community
Facilities District No. 11 and Authorizing the Levy of a
Special Tax for Annexation No. 143 (Subject to Mayor’s
Veto)
2.***RESOLUTION - Calling Special Mailed-Ballot
Election (Subject to Mayor’s Veto)
3.***RESOLUTION - Declaring Election Results (Subject
to Mayor’s Veto)
4.***BILL - (For introduction and adoption) - Levying a
Special Tax for the Property Tax Year 2022-2023 and
Future Tax Years Within and Relating to Community
City of Fresno ***Subject to Mayoral Veto Page 20
May 25, 2023City Council Meeting Minutes
Facilities District No. 11, Annexation No. 143 (Subject to
Mayor’s Veto)
The above hearing was called to order at 11:49 A.M. There was no staff
presentation, no Council discussion, and no public comment. The public
comment period closed at 11:49 A.M.
RESOLUTION 2023-165 ADOPTED
RESOLUTION 2023-166 ADOPTED
RESOLUTION 2023-167 ADOPTED
BILL B-19 INTRODUCED/ADOPTED AS ORDINANCE 2023-017
On motion of Councilmember Bredefeld, seconded by Vice President
Perea, that the above Action Item be ADOPTED. The motion carried by
the following vote:
Aye:Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and
Bredefeld
7 -
10:15 A.M.
ID 23-820 Appearance by Joe Morales to discuss American Ambulance. (District 7
Resident)
Joe Morales appeared and addressed Council.
APPEARED
10:18 A.M.
ID 23-821 Appearance by Josie Morales to discuss American Ambulance. (District 7
Resident)
Lisa Morales appeared on behalf of Josie Morales and addressed Council.
APPEARED
10:21 A.M.
ID 23-822 Appearance by Virginia Torres to discuss American Ambulance. (District 7
Resident)
Virginia Morales appeared and addressed Council.
APPEARED
City of Fresno ***Subject to Mayoral Veto Page 21
May 25, 2023City Council Meeting Minutes
3. GENERAL ADMINISTRATION
3.-A.ID 23-746 Actions pertaining to the replacement of customer relationship
management software (Bid File 12300269) (Citywide):
1.Award a contract to Incapsulate, LLC for the Customer Relationship
Management Replacement solution and implementation services in
the amount of $395,723.80 for one year with the option of four,
five-year extensions.
2.Approve the purchase of Salesforce cloud subscription licenses
from Carahsoft Technology Corporation, at government approved
pricing, in the amount of $610,343.91.
The above item was presented to Council by Dilshad Albert with Incapsulate
and Information Services Director Horn.
Council discussion on this item included: if the system can be conformed
and be integrated with other city's software; continuing the matter to allow
staff to test the software system; providing Council the access to test the
software system; the responses to be accurate; who will have access;
access to the data of the complaints per district and what categories do the
complaints fall.
Motion to continue the matter to June 8, 2023.
On motion of Council President Maxwell, seconded by
Councilmember Arias, that the above Action Item be CONTINUED. The
motion carried by the following vote:
Aye:Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and
Bredefeld
7 -
3.-B.ID 23-808 WORKSHOP - Advanced Clean Fleets Regulation
The above workshop was presented to Council by General Services Director
Barr.
Council discussion on this item included: charging capacity; grants for
installing the hardware; have the labor unions expressed concerns;
environmental tax passed on the rate payers; what impact will be on the
city; out of cost with keeping storing the backup vehicles; what are the
penalties for not complying, and the size of the fleet in the city.
City of Fresno ***Subject to Mayoral Veto Page 22
May 25, 2023City Council Meeting Minutes
PRESENTED
3.-C.ID 23-818 Progress of Code Enforcement, including ASET Quarterly report.
The above item was presented to Council by City Attorney Janz, Assistant
City Attorney Roberson, and Chief Assistant City Attorney Camarena.
Council discussion on this item included: the number of cases closed by the
Council district, providing the council with the ratio of cases closed vs.
cases opened, and the acknowledgment of the staff for their quick response
and follow through.
PRESENTED
4. CITY COUNCIL
5. CLOSED SESSION
During open session, City Attorney Janz announced the items that would be
discussed in closed session.
Council withdrew to closed session at 3:47 P.M.
5.-A.ID 23-124
CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
Government Code Section 54956.9, subdivision (d)(1)
Raymond Gonzalez, et al. v. City of Fresno, et al; Eastern District Court
Case No.: 1:16-cv-01914 JLT SAB
The above item was discussed in closed session. There were no open
session announcements regarding this item.
DISCUSSED
5.-B.ID 23-448
CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
Government Code Section 54956.9, subdivision (d)(1)
Case Name: Pamela Motley, et al. v. Fresno Police Officer Joseph
Smith, et al; District Court Case No.: 15-CV-00905 BAM.
The above item was discussed in closed session. There were no open
session announcements regarding this item.
City of Fresno ***Subject to Mayoral Veto Page 23
May 25, 2023City Council Meeting Minutes
DISCUSSED
5.-C.ID 23-761
CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
Government Code Section 54956.9, subdivision (d)(1)
California Automobile Insurance Company, et al. v. City of Fresno, et al.;
Fresno Superior Court: 20CECG01785
The above item was discussed in closed session. There were no open
session announcements regarding this item.
DISCUSSED
5.-D.ID 23-834 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)
The above item was discussed in closed session. There were no open
session announcements regarding this item.
DISCUSSED
5.-E.ID 23-841 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 ***Subject to Mayoral Veto Page 24
May 25, 2023City Council Meeting Minutes
The above item was discussed in closed session. There were no open
session announcements regarding this item.
DISCUSSED
5.-F.ID 23-847 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Government Code Section 54956.9, subdivision (d)(4): 1 potential case
The above item was discussed in closed session. There were no open
session announcements regarding this item.
DISCUSSED
ADJOURNMENT
Adjourned from Open Session at 4:39 P.M.
City of Fresno ***Subject to Mayoral Veto Page 25
Dra� Special Minutes of
May 25, 2023
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
City of Fresno
Meeting Minutes
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
9:00 AM Council Chambers (In
Person and/or Electronic)
Thursday, May 25, 2023
Special Meeting
The City Council met in special session in the Council Chamber, City Hall, on the
date and time above written.
10:25 A.M. ROLL CALL
Councilmember Nelson Esparza
Council President Tyler Maxwell
Vice President Annalisa Perea
Councilmember Mike Karbassi
Councilmember Miguel Angel Arias
Councilmember Luis Chavez
Councilmember Garry Bredefeld
Present:7 -
APPROVE AGENDA
ID 23-887 Notice of Special Meeting - Signed
On motion of Councilmember Arias, seconded by Councilmember
Chavez, that the above Action Item be APPROVED. The motion carried
by the following vote:
Aye:Esparza, Maxwell, Perea, Karbassi, Arias, Chavez and
Bredefeld
7 -
OPEN SESSION
City of Fresno ***Subject to Mayoral Veto Page 1
May 25, 2023City Council Meeting Minutes
A.ID 23-888 RESOLUTION - Finding Good Cause and Clear and Convincing Benefit to
the Public Pursuant to Fresno Municipal Code Section 4-204 Relating to
the Development of Property for an Affordable Housing Development APN
426-253-19 (4323-4333 N. Blackstone Avenue)
THe above item was introduced to Council by Council President Maxwell.
Upon call, there was no public comment and no Council discussion.
RESOLUTION 2023-168 ADOPTED
On motion of Council President Maxwell, seconded by Vice President
Perea, that the above Action Item be ADOPTED. The motion carried by
the following vote:
Aye:Esparza, Maxwell, Perea, Karbassi, Arias and Bredefeld6 -
Absent:Chavez1 -
ADJOURNMENT
Adjourned from the special meeting at 10:30 am.
City of Fresno ***Subject to Mayoral Veto Page 2
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-842 Agenda Date:6/8/2023 Agenda #:
1.-B.
REPORT TO THE CITY COUNCIL
FROM:LANCE LIPPINCOTT, Director
Economic Development Department
BY:KELLY TREVINO, Assistant Director
Economic Development Department
SUBJECT
Award a consultant services agreement to Chabin Concepts, Inc. to provide a U.S. Economic
Development Administration compliant Comprehensive Economic Development Strategy for an
amount not to exceed $100,000, (Bid File 12301676)
RECOMMENDATION
Staff recommends City Council approve the consultant services agreement with Chabin Concepts,
Inc and authorize the City Manager or designee to sign agreement for services.
EXECUTIVE SUMMARY
In order to be eligible for U.S. Economic Development Administration (EDA) Grant funding, the City of
Fresno is required to have a current Comprehensive Economic Development Strategy (CEDS). It is
mandated by the EDA that this CEDS document is updated every five (5) years as well as annually
as needed. The City does not have a current CEDS at this time.
BACKGROUND
The CEDS is a locally-based, regionally- driven economic development planning process and
document that is designed to guide economic development by identifying the strengths, weaknesses
and opportunities of a region. The process of creating a thoughtful and effective CEDS will engage a
range of partners including community leaders, residents, educational institutions and other
stakeholders, with an end goal of creating good jobs, diversifying the economy and spurring healthy
economic growth.
Through a formal request for qualifications (RFQ) process, a total of six (6) proposals were submitted
for this project through the City’s Planet Bids portal. The proposals were reviewed by Economic
Development Department staff and rated on a variety of points including: cost, conformance to the
terms and conditions of the RFQ, ability to meet the stated service requirements, past performance
and experience, financial stability and other related information. Staff determined that Chabin
City of Fresno Printed on 6/2/2023Page 1 of 2
powered by Legistar™
06/08/2023
MA/MK 6-0
TM ABSENT
APPROVED ON CONSENT
File #:ID 23-842 Agenda Date:6/8/2023 Agenda #:
1.-B.
Concepts, Inc was the best suited for this project.
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
None of the proposers are considered local and none submitted a form for certification of local
preference.
FISCAL IMPACT
Funding for the CEDS is included in the Economic Development Department’s FY 2023 budget.
Attachments:
RFQ 12301676
Bid Evaluation
Agreement
City of Fresno Printed on 6/2/2023Page 2 of 2
powered by Legistar™
REQUEST FOR QUALIFICATIONS (RFQ)
FOR
Consultant Services for
Comprehensive Economic Development
Strategy
Bid File No. 12301676
Proposals Due: by March 31, 2023 by 5:00pm (PST)
PROPOSAL CONTACT: Lance Lippincott
Economic Development Department
lance.lippincott@fresno.gov
2
PUBLIC NOTICE
CITY OF FRESNO REQUEST FOR QUALIFICATIONS (RFQ)
THE CITY OF FRESNO IS INVITING CONSULTANTS TO SUBMIT
PROPOSALS TO PROVIDE CONSULTANT SERVICES FOR A COMPREHENSIVE ECONOMIC
DEVELOPMENT STRATEGY
Bid File No. 12301676
The City of Fresno Economic Development Department is requesting proposals from qualified
consultants to develop a U.S. Economic Development Administration compliant Comprehensive
Economic Development Strategy (CEDS) for the City of Fresno.
Qualified Consultants interested in submitting a proposal may download the RFQ package by
visiting the City’s PlanetBids website at www.fresno.gov/finance/ under the “Bid Opportunities”
subsection on the right side of the screen. For questions, contact Lance Lippincott via email at
lance.lippincott@fresno.gov.
Submissions are due no later than 5:00 PM (PST) on Friday March 31, 2023, via Planet Bids
on the City’s website at www.fresno.gov/finance/ via the “Bid Opportunities” link on the right
side of the screen. The City of Fresno reserves the right to reject any and all submissions.
No consideration will be given to submissions received after the above time and date.
3
INTRODUCTION
The City of Fresno (City), California is seeking written proposals from qualified consultants
with a successful history of conducting U.S. Economic Development Administration
compliant Comprehensive Economic Development Strategies. Work will include, but not
be limited to research, community meetings, and other activities necessary to the
formation of a Comprehensive Economic Development Strategy (CEDS).
Location – City of Fresno
Fresno (pop. 538,300) is located on 114 square miles in the lush San Joaquin Valley in
the heart of California, mid-way between San Francisco and Los Angeles. Fresno is the
state’s fifth largest city and the San Joaquin Valley’s largest metropolitan city. The
population of Fresno County is over one million residents and has access to a market
draw of over 1.5 million people within a 30-minute drive. Fresno is a rapidly growing
community within a world-renowned agricultural setting, featuring a culturally diverse
population. Many consider Fresno to be the perfect sized city that offers both the best of
urban amenities and opportunities with the unique appeal and environment of a small
town. Fresno is located just 90 minutes from the famed Yosemite National Park as well
as Kings Canyon and Sequoia National Parks. Numerous lakes and two major rivers,
including one of California’s finest whitewater rafting rivers, are also in Fresno’s backyard.
SCOPE OF SERVICES
The selected consultant shall provide professional services to help the City of Fresno assemble
a United States Economic Development Administration compliant CEDS. The City of Fresno will
work with the selected consultant to develop a final, comprehensive scope of work and schedule
for the project. All proposals should demonstrate the consultant’s experience with the following
services:
Assessment, Benchmarking & Evaluation
The selected consultant will conduct an economic analysis of the City of Fresno and its
economic relationships to the surrounding Metropolitan Statistical Area (MSA), County, and
State. The purpose of this analysis is to better understand the City of Fresno economy in the
context of the larger regional economy to identify both unique opportunities for the City, and
regional synergies for economic growth and diversification.
During this phase of the study, the selected consultant will review previous economic studies
(e.g. City/County CEDS), reports and other related information provided by the City of Fresno to
ensure that developed strategies mesh with existing plans while remaining distinct and specific to
the City of Fresno. To the degree possible, City of Fresno staff will provide requested local data
to the selected consultant, with the understanding that the Consultant may have more accurate
and convenient sources of data available. Selected consultant will inform City of Fresno staff of
data gaps deemed necessary to the plan and will provide relevant solutions. City of Fresno staff
will also provide information regarding its current economic development programs, staffing and
budget, as well as a listing and general function of its local economic development partners.
The assessment, benchmarking and evaluation portion should include :
4
1. Demographic Analysis – The report should contain a detailed demographic profile of the
City of Fresno. The demographic profile shall consider such factors as population,
household income, wealth and credit levels, the impact of poverty, education levels,
property values and trends in property ownership, skills gaps, joblessness and
underemployment, among others, for up to the past ten years.
2. Local (City) Economic Assessment – Produce a report containing a detailed analysis of the
City of Fresno’s economic base including:
a. First Tier: An overview of the City’s economy and the drivers responsible for the
majority of the economic activity in the City. The Local Economic Analysis shall
include the following information, at minimum: the private employers with the largest
number of employees in the City; largest government employers in the City;
industries that are employing the most people within the City; employers that employ
the most City residents; businesses that produce the most sales tax revenue for the
City; businesses that produce the most earnings tax revenue for the City; and
identifying sectors of the economy that produce the most employment and generate
the most tax revenues to the City.
b. Second Tier: An Overview of the micro-enterprise, small business and gig economy
components of the economic activity within the City.
c. Analyze current economic trends and determine their impact on the City’s future
economic composition.
d. Identify the City of Fresno’s position within the greater area (State, Central Valley,
MSA, etc.), how the shared economies interact, and how each business sector
contributes to the local economy.
e. SWOT analysis to identify major strengths, weaknesses, opportunities and threats in
the market, particularly as they compare to similar, competitive (or emerging
competitive) markets. SWOT analysis to include identification and evaluation of
exposure to systemic risks or ‘shocks,’ and overall health of the local economy.
Market & Industry Cluster Analysis
The Industry Cluster Analysis portion of this plan is intended to identify the economic sectors in
which the City is currently, or with some effort, could be capable of becoming highly competitive
at the national and global scale. Following identification of target industries, this portion of the
plan should lay out action-oriented strategies for building upon and growing these sectors with
the goal of creating a diverse, sustainable and resilient economy that is sufficient to support the
needs of the City and its population. To address the resilience of these industries, risks
associated with their stability and growth in the City shall be identified and factored into this part
of the analysis.
In addition to identifying industry sectors at the global scale in which the City is competitive,
another objective is to identify the local industry clusters that enable the City to stand out within
the region and identify strategies for resiliency. Examples of these types of industries could stem
from entertainment, tourism, healthcare, agriculture, manufacturing etc.
1. Identify industries by three-digit NAICS in the City that are:
a. Dominant and expected to grow;
b. Dominant but waning due to industry/economic/technological or other trends or lack
of infrastructure;
5
c. Emerging and a good match for the City of Fresno; expected to grow; and,
d. Currently non-existent but for which a good match exists.
2. Analysis of global trends, drivers and risks affecting existing industry clusters
3. Workforce: Occupational cluster analysis. Identify the key occupations where the City
has a competitive advantage against other parts of the country/state, and show how the
City can leverage these strengths to grow our industry sub-clusters and/or create new
ones. Concurrently developed WIOA strategic plans, and workforce development plans
developed for the City of Fresno may be incorporated in this section in lieu of
independent research.
4. Benchmark analysis of the top industry sub-clusters with opportunity for growth
Economic Resilience/Best Practices
A strong and resilient economy requires a myriad of elements to be successful. These elements
range from a vibrant entrepreneurial culture and small business growth, to a vibrant and dynamic
workforce. In this section of the plan, the City of Fresno is seeking best practices in these and
many other areas that are critical to our economic success.
Identify key best practices for City of Fresno to pursue as determined by the following priorities:
1. Identify talent development best practices, particularly around upskilling of current
residents, and the City’s role in this type of work.
a. Provide recommendations for maximizing the City’s entrepreneurial & small
business ecosystem including strategies for recruiting early-stage companies and
entrepreneurs.
b. Recommend strategies for the City to best leverage the available incubator assets
for growth.
c. Identify local, state, and national incentive programs that will help attract, retain, and
facilitate expansion of businesses in the City of Fresno.
d. Provide the top ten opportunities that the City can pursue to grow its tax base as
efficiently as possible to continue to provide a high quantity and quality of services to
its residents.
Identification and Prioritization of Infrastructure Projects
The selected consultant will provide a listing and description of City of Fresno infrastructure
projects that would be eligible for EDA funding, and a ranking of prioritization based on total
impact in the local area.
CONTENTS OF PROPOSAL
Executive Summary
A letter of introduction signed by an authorized representative of the consultant (limited to
three pages) that provides an executive summary of the consultant’s experience relevant to
the scope of work described in this RFQ. This summary must also highlight why the
consultant is best suited to provide the services desired by the City and description of at
least three previous comparable projects the consultant has managed for organizations of
similar size and complexity.
6
Vendor Information
Consultant must provide a company profile. Information provided shall include:
Name, address and telephone number of the organization’s point of contact.
Consultant’s background/history and why they are qualified and the best choice
to provide the services described in this RFQ.
Length of time consultant has been providing services described in this RFQ to
the public and/or private sector. Please provide a brief description.
Subcontractor Information
No subcontracts will be authorized for this project.
Representative Resumes
Consultant must submit a resume for each key member of the project team. Resumes should
highlight staff members’ experience as it relates to this project.
References
The consultant must supply a minimum of three prior references representative of
organizations of similar size and similar work required by this project. References must
include contact name and telephone number at the reference's place of business.
Information to include:
Client name
Contact name and title
Contact information
Project description
Project dates (starting and ending)
Cost of the project
Cost Proposal
Consultant must provide a complete cost proposal based on the scope of services set forth
in this RFQ. Cost should include any travel expenses. Any costs for development or
preparation of materials must be stated. Additional expenses will not be allowed unless
specified in the proposal. The total cost shall be stated as a not-to-exceed price.
7
Response Requirements: (See above Components)
The City hereby notifies all consultants 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, ethnicity, status as a disabled veteran or veteran of the
Vietnam era.
Submissions are Final
No corrections or modifications to the proposal may be made after the due date.
Confidentiality of Submissions
While the City shall endeavor to keep any confidential information private, it reserves the right
to release the name of all consultants, as well as a summary of their proposals, to the media, the
public, or any party that requests it.
Inquiries
Questions pertaining to the RFQ should be directed to Lance Lippincott, via email at
Lance.Lippincott@fresno.gov.
Submission Instructions
Responses are to be submitted electronically only via Planet Bids on the City’s Website at
www.fresno.gov/finance/ via the “Bid Opportunities” link on the right side of the screen. All
responses are due by March 31, 2023 before 5:00pm.
Conflict of Interest
The City of Fresno is attempting to avoid conflict of interest or any appearance of conflict
of interest. Therefore, all consultants and their sub-contractors are required to provide a
Disclosure of Conflict of Interest (Exhibit C). Provide a statement of conflict you, your firm,
and/or other key staff may have regarding these services. The statement should not only
include actual conflicts, but also any working relationships that may be perceived by
disinterested parties as a conflict. If there are no potential conflicts of interest identified,
state such in your proposal. Complete and return Exhibit C – Disclosure of Conflict of
Interest as part of the RFQ for the consultant and each subcontractor.
a. By submission of a proposal, the consultant acknowledges that it has read and
thoroughly understands the Scope of Services; agrees to all terms and conditions
stated herein in the attached Agreement form without exception, acknowledges the
consultant can meet all the insurance requirements without exception; and
acknowledges that it can perform all tasks, as required.
Local Preference
Fresno Municipal Code Section 4-109, LOCAL PREFERENCE IN CONTRACTING FOR
SERVICES, provides for a local preference. Portions pertinent to this Contract are
paraphrased as follows:
Except for those contracts funded by the federal or state government when such funding
8
would be jeopardized because of this preference, the City of Fresno shall, in contracting
for consulting services, give a primary preference to local firms, when such firms have
the necessary qualifications, experience and expertise to complete the project being
proposed, as determined by the City. A secondary preference shall be given to non-local
firms which form an association for pecuniary profit with local firms for the project,
wherein the benefit to the local firm(s) is an amount greater than 15% of the total contract
price. The consultant shall certify, under penalty of perjury, that the consultant qualifies
as a local firm. The preference is waived if the certification does not appear on the
proposal.
"Local firm" shall mean a firm with a fixed primary or branch office within a twenty-five
mile radius of Fresno City Hall, located at 2600 Fresno Street in the City of Fresno, and
a majority of the work on the project will be performed by employees who are
permanently assigned to such office prior to the city requesting proposals for the project
and whose regular duties would include local work on other than City projects.
Consultant shall submit the form CERTIFICATION FOR LOCAL PREFERENCE with
their proposal if they seek the benefit of local preference.
CONSULTANT SELECTION
Responses will be evaluated by a Review Committee (Committee). Following the
evaluation of the responses, the Committee may elect to interview some or all of the
consultants or may otherwise seek clarification or amplification of the material submitted
or may reject all responses. The Committee reserves the right to hold interviews or
select a preferred response without interviews. The recommendation for selection will
be made based on criteria related to qualifications, project objectives, demonstrated
experience, financial capacity, soundness, capacity to perform the proposed scope
within the timeframe, and any other factors, whether quantifiable or not. The Committee
reserves the right to reject all responses or to waive minor irregularities. The Committee
will make its recommendation to the City. The City reserves the right to make the
selection of a consultant 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
consultant to perform the services set forth herein. The City may enter into negotiations
with one or more consultants concurrently. The City will select the consultant who the
City determines provides the best value to the City, in its sole discretion. The City has no
obligation to enter into an agreement with any party as a result of their response to this
offering.
This RFQ does not commit the City of Fresno to enter into a contract or to pay any costs
incurred in the preparation of the RFQ. The City of Fresno reserves the right to accept
or reject any RFQ's, and to negotiate with any qualified consultant, or to cancel in part
or in its entirety this solicitation for RFQ's. The award of any agreement may be subject
to Fresno City Council approval.
GENERAL INFORMATION
Regulated Communications
The Regulated Communications in City Procurement Process Ordinance (Article 6,
9
Chapter 4 of the Fresno Municipal Code) became effective May 7, 2004. With certain
specified exceptions, the Ordinance provides that no Respondent, Bidder, Agency (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, Agency 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 Agency 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.
Note: The full text of Fresno Municipal Code, Chapter 4, Article 6 may be read at the
following website:
http://www.municode.com/Resources/gateway.asp?pid=14478&sid=5.
Debarment
A Bidder 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 Bidder 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.
Professional and General Liability Insurance
Professional liability insurance (errors and omissions) will be required for this project in
accordance with Exhibit B. The City’s standard contract will be used, which includes a
conflict of interest statement and completion of a statement of economic interest.
Approval by City Council
Any contract exceeding $50,000 shall be subject to the approval of the City Council in
accordance with the Fresno Municipal Code.
Consultant Agreement
The City will be utilizing a Standard City Consultant Agreement (Appendix A). This
agreement is provided as a sample. The City may modify the agreement or use another
agreement at its own discretion. Copies of the City’s Selection Policies provided upon
request.
1
0
Appendices
Appendix A – Standard Consultant Contract
Appendix B – Certification for Local Preference
Appendix A
Standard Consultant Contract
-8-
AGREEMENT
CITY OF FRESNO, CALIFORNIA
CONSULTANT SERVICES
THIS AGREEMENT (Agreement) is made and entered into effective on
, by and between the CITY OF FRESNO, a California municipal
corporation (CITY), and [Consultant Name], [Legal Identity] (CONSULTANT).
RECITALS
WHEREAS, CITY desires to obtain professional [Kind of Service] services for
[Describe Project] (Project); and
WHEREAS, CONSULTANT is engaged in the business of furnishing services as
a [Consultant's Profession] and hereby represents that it desires to and is professionally
and legally capable of performing the services called for by this Agreement; and
WHEREAS, CONSULTANT acknowledges that this Agreement is subject to the
requirements of Fresno Municipal Code Section 4-107 and Administrative Order No. 6-
19; and
WHEREAS, this Agreement will be administered for CITY by its (Administrator) or
designee.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and of the covenants,
conditions, and premises hereinafter contained to be kept and performed by the
respective parties, it is mutually agreed as follows:
1. Scope of Services. CONSULTANT shall perform to the satisfaction of CITY
the services described in Exhibit A, including all work incidental to, or necessary to
perform, such services even though not specifically described in Exhibit A.
2. Term of Agreement and Time for Performance. This Agreement shall be
effective from the date first set forth above (Effective Date) and shall continue in full force
and effect through [End Date], subject to any earlier termination in accordance with this
Agreement. The services of CONSULTANT 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) 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 [Fee Amount: e.g. Five Hundred Dollars ($500.00)], paid on the basis of the rates
set forth in the schedule of fees and expenses contained in Exhibit A.
(b) Detailed statements shall be rendered monthly for services
performed in the preceding month 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.
-9-
(c) The parties may modify this Agreement to increase or decrease the
scope of services or provide for the rendition of services not required by this Agreement,
which modification shall include an adjustment to CONSULTANT’S compensation. Any
change in the scope of services must be made by written amendment to the Agreement
signed by an authorized representative for each party. CONSULTANT shall not be entitled
to any additional compensation if services are performed prior to a signed written
amendment.
4. Termination, Remedies and Force Majeure.
(a) This Agreement shall terminate without any liability of CITY to
CONSULTANT upon the earlier of: (i) CONSULTANT’S filing for protection under the
federal bankruptcy laws, or any bankruptcy petition or petition for receiver commenced
by a third party against CONSULTANT; (ii) 7 calendar days prior written notice with or
without cause by CITY to CONSULTANT; (iii) CITY’S non-appropriation of funds sufficient
to meet its obligations hereunder during any CITY fiscal year of this Agreement, or
insufficient funding for the Project; or (iv) expiration of this Agreement.
(b) Immediately upon any termination or expiration of this Agreement,
CONSULTANT shall (i) immediately stop all work hereunder; (ii) immediately cause any
and all of its subcontractors to cease work; and (iii) return to CITY any and all unearned
payments and all properties and materials in the possession of CONSULTANT that are
owned by CITY. Subject to the terms of this Agreement, CONSULTANT shall be paid
compensation for services satisfactorily performed prior to the effective date of
termination. CONSULTANT shall not be paid for any work or services performed or costs
incurred which reasonably could have been avoided.
(c) In the event of termination due to failure of CONSULTANT to
satisfactorily perform in accordance with the terms of this Agreement, CITY may withhold
an amount that would otherwise be payable as an offset to, but not in excess of, CITY’S
damages caused by such failure. In no event shall any payment by CITY pursuant to this
Agreement constitute a waiver by CITY of any breach of this Agreement which may then
exist on the part of CONSULTANT, nor shall such payment impair or prejudice any
remedy available to CITY with respect to the breach.
(d) Upon any breach of this Agreement by CONSULTANT, CITY may
(i) exercise any right, remedy (in contract, law or equity), or privilege which may be
available to it under applicable laws of the State of California or any other applicable law;
(ii) proceed by appropriate court action to enforce the terms of the Agreement; and/or (iii)
recover all direct, indirect, consequential, economic and incidental damages for the
breach of the Agreement. If it is determined that CITY improperly terminated this
Agreement for default, such termination shall be deemed a termination for convenience.
(e) CONSULTANT shall provide CITY with adequate written assurances
of future performance, upon Administrator’s request, in the event CONSULTANT fails to
comply with any terms or conditions of this Agreement.
(f) CONSULTANT shall be liable for default unless nonperformance is
caused by an occurrence beyond the reasonable control of CONSULTANT and without
its fault or negligence such as, acts of God or the public enemy, acts of CITY in its
contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually
severe weather, and delays of common carriers. CONSULTANT shall notify Administrator
-10-
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
CONSULTANT pursuant to this Agreement shall not be made available to any individual
or organization by CONSULTANT without the prior written approval of the Administrator.
During the term of this Agreement, and thereafter, CONSULTANT shall not, without the
prior written consent of CITY, disclose to anyone any Confidential Information. The term
Confidential Information for the purposes of this Agreement shall include all proprietary
and confidential information of CITY, including but not limited to business plans, marketing
plans, financial information, 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
CONSULTANT pursuant to this Agreement are the property of CITY at the time of
preparation and shall be turned over to CITY upon expiration or termination of the
Agreement. CONSULTANT shall not permit the reproduction or use thereof by any other
person except as otherwise expressly provided herein.
(c) If CONSULTANT should subcontract all or any portion of the services
to be performed under this Agreement, CONSULTANT shall cause each subcontractor to
also comply with the requirements of this Section 5.
(d) This Section 5 shall survive expiration or termination of this
Agreement.
6. Professional Skill. It is further mutually understood and agreed by and
between the parties hereto that inasmuch as CONSULTANT represents to CITY that
CONSULTANT and its subcontractors, if any, are skilled in the profession and shall
perform in accordance with the standards of said profession necessary to perform the
services agreed to be done by it under this Agreement, CITY relies upon the skill of
CONSULTANT and any subcontractors to do and perform such services in a skillful
manner and CONSULTANT agrees to thus perform the services and require the same of
any subcontractors. Therefore, any acceptance of such services by CITY shall not
operate as a release of CONSULTANT or any subcontractors from said professional
standards.
7. Indemnification. To the furthest extent allowed by law, CONSULTANT shall
indemnify, hold harmless and defend CITY and each of its officers, officials, employees,
agents, and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs
and damages (whether in contract, tort or strict liability, including but not limited to
personal injury, death at any time and property damage), and from any and all claims,
demands and actions in law or equity (including reasonable attorney's fees, litigation
expenses and costs to enforce this agreement) that arise out of, pertain to, or relate to
the negligence, recklessness or willful misconduct of CONSULTANT, its principals,
officers, employees, agents, or volunteers in the performance of this Agreement.
-11-
If CONSULTANT should subcontract all or any portion of the services to be
performed under this Agreement, CONSULTANT shall require each subcontractor to
indemnify, hold harmless and defend CITY and each of its officers, officials, employees,
agents, and volunteers in accordance with the terms of the preceding paragraph.
This section shall survive termination or expiration of this Agreement.
8. Insurance.
(a) Throughout the life of this Agreement, CONSULTANT shall pay for
and maintain in full force and effect all insurance as required in Exhibit B, which is
incorporated into and part of this Agreement, with an insurance company(ies) either
(i) admitted by the California Insurance Commissioner to do business in the State of
California and rated no less than “A-VII” in the Best’s Insurance Rating Guide, or (ii) as
may be authorized in writing by CITY'S Risk Manager or designee at any time and in its
sole discretion. The required policies of insurance as stated in Exhibit B shall maintain
limits of liability of not less than those amounts stated therein. However, the insurance
limits available to CITY, its officers, officials, employees, agents, and volunteers as
additional insureds, shall be the greater of the minimum limits specified therein or the full
limit of any insurance proceeds to the named insured.
(b) If at any time during the life of the Agreement or any extension,
CONSULTANT or any of its subcontractors/sub-consultants fail to maintain any required
insurance in full force and effect, all services and work under this Agreement shall be
discontinued immediately, and all payments due or that become due to CONSULTANT
shall be withheld until notice is received by CITY that the required insurance has been
restored to full force and effect and that the premiums therefore have been paid for a
period satisfactory to CITY. Any failure to maintain the required insurance shall be
sufficient cause for CITY to terminate this Agreement. No action taken by CITY pursuant
to this section shall in any way relieve CONSULTANT of its responsibilities under this
Agreement. The phrase “fail to maintain any required insurance” shall include, without
limitation, notification received by CITY that an insurer has commenced proceedings, or
has had proceedings commenced against it, indicating that the insurer is insolvent.
(c) The fact that insurance is obtained by CONSULTANT shall not be
deemed to release or diminish the liability of CONSULTANT, including, without limitation,
liability under the indemnity provisions of this Agreement. The duty to indemnify CITY
shall apply to all claims and liability regardless of whether any insurance policies are
applicable. The policy limits do not act as a limitation upon the amount of indemnification
to be provided by CONSULTANT. Approval or purchase of any insurance contracts or
policies shall in no way relieve from liability nor limit the liability of CONSULTANT, its
principals, officers, agents, employees, persons under the supervision of CONSULTANT,
vendors, suppliers, invitees, consultants, sub- consultants, subcontractors, or anyone
employed directly or indirectly by any of them.
(d) If CONSULTANT should subcontract all or any portion of the services
to be performed under this Agreement, CONSULTANT shall require each
subcontractor/sub-consultant to provide insurance protection, as an additional insured, to
the CITY and each of its officers, officials, employees, agents, and volunteers in
accordance with the terms of this section, except that any required certificates and
applicable endorsements shall be on file with CONSULTANT and CITY prior to the
-12-
commencement of any services by the subcontractor. CONSULTANT and any
subcontractor/sub-consultant shall establish additional insured status for CITY, its
officers, officials, employees, agents, and volunteers by using Insurance Service Office
(ISO) form CG 20 10 11 85 or CG 20 26 04 13 or by an executed manuscript company
endorsement providing additional insured status as broad as that contained in ISO Form
CG 20 10 11 85.
9. Conflict of Interest and Non-Solicitation.
(a) Prior to CITY’S execution of this Agreement, CONSULTANT shall
complete a City of Fresno conflict of interest disclosure statement in the form as set forth
in Exhibit C. During the term of this Agreement, CONSULTANT shall have the obligation
and duty to immediately notify CITY in writing of any change to the information provided
by CONSULTANT in such statement.
(b) CONSULTANT shall comply, and require its subcontractors to
comply, with all applicable (i) professional canons and requirements governing avoidance
of impermissible client conflicts; and (ii) federal, state and local conflict of interest laws
and regulations including, without limitation, California Government Code Section 1090
et. seq., the California Political Reform Act (California Government Code Section 87100
et. seq.) 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, CONSULTANT shall provide a written opinion
of its legal counsel and that of any subcontractor that, after a due diligent inquiry,
CONSULTANT and the respective subcontractor(s) are in full compliance with all laws
and regulations. CONSULTANT shall take, and require its subcontractors to take,
reasonable steps to avoid any appearance of a conflict of interest. Upon discovery of any
facts giving rise to the appearance of a conflict of interest, CONSULTANT shall
immediately notify CITY of these facts in writing.
(c) In performing the work or services to be provided hereunder,
CONSULTANT shall not employ or retain the services of any person while such person
either is employed by CITY or is a member of any CITY council, commission, board,
committee, or similar CITY body. This requirement may be waived in writing by the City
Manager, if no actual or potential conflict is involved.
(d) CONSULTANT represents and warrants that it has not paid or
agreed to pay any compensation, contingent or otherwise, direct or indirect, to solicit or
procure this Agreement or any rights/benefits hereunder.
(e) Neither CONSULTANT, nor any of CONSULTANT’S subcontractors
performing any services on this Project, shall bid for, assist anyone in the preparation of
a bid for, or perform any services pursuant to, any other contract in connection with this
Project unless fully disclosed to and approved by the City Manager, in advance and in
writing. 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. Notwithstanding any approval given by the
City Manager under this provision, CONSULTANT shall remain responsible for complying
with Section 9(b), above.
(f) If CONSULTANT should subcontract all or any portion of the work to
-13-
be performed or services to be provided under this Agreement, CONSULTANT shall
include the provisions of this Section 9 in each subcontract and require its subcontractors
to comply therewith.
(g) This Section 9 shall survive expiration or termination of this
Agreement.
10. Recycling Program. In the event CONSULTANT maintains an office or
operates a facility(ies), or is required herein to maintain or operate same, within the
incorporated limits of the City of Fresno, CONSULTANT at its sole cost and expense shall:
(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 (a) 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 CONSULTANT’S expenses pertaining to the Project shall
be kept on a generally recognized accounting basis and shall be available to CITY or its
authorized representatives upon request during regular business hours throughout the
life of this Agreement and for a period of three years after final payment or, if longer, for
any period required by law. In addition, all books, documents, papers, and records of
CONSULTANT pertaining to the Project shall be available for the purpose of making
audits, examinations, excerpts, and transcriptions for the same period of time. If any
litigation, claim, negotiations, audit or other action is commenced before the expiration of
said time period, all records shall be retained and made available to CITY until such action
is resolved, or until the end of said time period whichever shall later occur. If
CONSULTANT should subcontract all or any portion of the services to be performed
under this Agreement, CONSULTANT shall cause each subcontractor to also comply with
the requirements of this paragraph. This Section 11(b) shall survive expiration or
termination of this Agreement.
(c) Prior to execution of this Agreement by CITY, CONSULTANT shall
have provided evidence to CITY that CONSULTANT is licensed to perform the services
called for by this Agreement (or that no license is required). If CONSULTANT should
subcontract all or any portion of the work or services to be performed under this
Agreement, CONSULTANT shall 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.
-14-
12. Nondiscrimination. To the extent required by controlling federal, state and
local law, CONSULTANT shall not employ discriminatory practices in the provision of
services, employment of personnel, or in any other respect on the basis of race, religious
creed, color, national origin, ancestry, physical disability, mental disability, medical
condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled
veteran or veteran of the Vietnam era. Subject to the foregoing and during the
performance of this Agreement, CONSULTANT agrees as follows:
(a) CONSULTANT will comply with all applicable laws and regulations
providing that no person shall, on the grounds of race, religious creed, color, national
origin, ancestry, physical disability, mental disability, medical condition, marital status,
sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the
Vietnam era be excluded from participation in, be denied the benefits of, or be subject to
discrimination under any program or activity made possible by or resulting from this
Agreement.
(b) CONSULTANT will not discriminate against any employee or
applicant for employment because of race, religious creed, color, national origin, ancestry,
physical disability, mental disability, medical condition, marital status, sex, age, sexual
orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era.
CONSULTANT shall ensure that applicants are employed, and the employees are treated
during employment, without regard to their race, religious creed, color, national origin,
ancestry, physical disability, mental disability, medical condition, marital status, sex, age,
sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era.
Such requirement shall apply to CONSULTANT’S employment practices including, but
not be limited to, the following: employment, upgrading, demotion or transfer; recruitment
or recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. CONSULTANT
agrees to post in conspicuous places, available to employees and applicants for
employment, notices setting forth the provision of this nondiscrimination clause.
(c) CONSULTANT will, in all solicitations or advertisements for
employees placed by or on behalf of CONSULTANT in pursuit hereof, state that all
qualified applicants will receive consideration for employment without regard to race,
religious creed, color, national origin, ancestry, physical disability, mental disability,
medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a
disabled veteran or veteran of the Vietnam era.
(d) CONSULTANT will send to each labor union or representative of
workers with which it has a collective bargaining agreement or other contract or
understanding, a notice advising such labor union or workers' representatives of
CONSULTANT’S commitment under this section and shall post copies of the notice in
conspicuous places available to employees and applicants for employment.
(e) If CONSULTANT should subcontract all or any portion of the services
to be performed under this Agreement, CONSULTANT shall cause each subcontractor to
also comply with the requirements of this Section 12.
13. Independent Contractor.
(a) In the furnishing of the services provided for herein, CONSULTANT
is acting solely as an independent contractor. Neither CONSULTANT, nor any of its
-15-
officers, agents, or employees shall be deemed an officer, agent, employee, joint
venturer, partner, or associate of CITY for any purpose. CITY shall have no right to control
or supervise or direct the manner or method by which CONSULTANT shall perform its
work and functions. However, CITY shall retain the right to administer this Agreement so
as to verify that CONSULTANT is performing its obligations in accordance with the terms
and conditions thereof.
(b) This Agreement does not evidence a partnership or joint venture
between CONSULTANT and CITY. CONSULTANT shall have no authority to bind CITY
absent CITY’S express written consent. Except to the extent otherwise provided in this
Agreement, CONSULTANT shall bear its own costs and expenses in pursuit thereof.
(c) Because of its status as an independent contractor, CONSULTANT
and its officers, agents, and employees shall have absolutely no right to employment
rights and benefits available to CITY employees. CONSULTANT shall be solely liable and
responsible for all payroll and tax withholding and for providing to, or on behalf of, its
employees all employee benefits including, without limitation, health, welfare and
retirement benefits. In addition, together with its other obligations under this Agreement,
CONSULTANT shall be solely responsible, indemnify, defend and save CITY harmless
from all matters relating to employment and tax withholding for and payment of
CONSULTANT'S employees, including, without limitation, (i) compliance with Social
Security and unemployment insurance withholding, payment of workers’ compensation
benefits, and all other laws and regulations governing matters of employee withholding,
taxes and payment; and (ii) any claim of right or interest in CITY employment benefits,
entitlements, programs and/or funds offered employees of CITY whether arising by
reason of any common law, de facto, leased, or co-employee rights or other theory. It is
acknowledged that during the term of this Agreement, CONSULTANT may be providing
services to others unrelated to CITY or to this Agreement.
14. Notices. Any notice required or intended to be given to either party under
the terms of this Agreement shall be in writing and shall be deemed to be duly given if
delivered personally, transmitted by facsimile followed by telephone confirmation of
receipt, or sent by United States registered or certified mail, with postage prepaid, return
receipt requested, addressed to the party to which notice is to be given at the party's
address set forth on the signature page of this Agreement or at such other address as the
parties may from time to time designate by written notice. Notices served by United States
mail in the manner above described shall be deemed sufficiently served or given at the
time of the mailing thereof.
15. Binding. Subject to Section 16, below, once this Agreement is signed by all
parties, it shall be binding upon, and shall inure to the benefit of, all parties, and each
parties' respective heirs, successors, assigns, transferees, agents, servants, employees,
and representatives.
16. Assignment.
(a) This Agreement is personal to CONSULTANT and there shall be no
assignment by CONSULTANT of its rights or obligations under this Agreement without
the prior written approval of the City Manager or designee. Any attempted assignment by
CONSULTANT, its successors or assigns, shall be null and void unless approved in
writing by the City Manager or designee.
-16-
(b) CONSULTANT hereby agrees not to assign the payment of any
monies due CONSULTANT from CITY under the terms of this Agreement to any other
individual(s), corporation(s) or entity(ies). CITY retains the right to pay any and all monies
due CONSULTANT directly to CONSULTANT.
17. Compliance With Law. In providing the services required under this
Agreement, CONSULTANT shall at all times comply with all applicable laws of the United
States, the State of California and CITY, and with all applicable regulations promulgated
by federal, state, regional, or local administrative and regulatory agencies, now in force
and as they may be enacted, issued, or amended during the term of this Agreement.
18. Waiver. The waiver by either party of a breach by the other of any provision
of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent
breach of either the same or a different provision of this Agreement. No provisions of this
Agreement may be waived unless in writing and signed by all parties to this Agreement.
Waiver of any one provision herein shall not be deemed to be a waiver of any other
provision herein.
19. Governing Law and Venue. This Agreement shall be governed by, and
construed and enforced in accordance with, the laws of the State of California, excluding,
however, any conflict of laws rule which would apply the law of another jurisdiction. Venue
for purposes of the filing of any action regarding the enforcement or interpretation of this
Agreement and any rights and duties hereunder shall be Fresno County, California.
20. Headings. The section headings in this Agreement are for convenience and
reference only and shall not be construed or held in any way to explain, modify or add to
the interpretation or meaning of the provisions of this Agreement.
21. Severability. The provisions of this Agreement are severable. The invalidity,
or unenforceability of any one provision in this Agreement shall not affect the other
provisions.
22. Interpretation. The parties acknowledge that this Agreement in its final form
is the result of the combined efforts of the parties and that, should any provision of this
Agreement be found to be ambiguous in any way, such ambiguity shall not be resolved
by construing this Agreement in favor of or against either party, but rather by construing
the terms in accordance with their generally accepted meaning.
23. Attorney's Fees. If either party is required to commence any proceeding or
legal action to enforce or interpret any term, covenant or condition of this Agreement, the
prevailing party in such proceeding or action shall be entitled to recover from the other
party its reasonable attorney's fees and legal expenses.
24. Exhibits. Each exhibit and attachment referenced in this Agreement is, by
the reference, incorporated into and made a part of this Agreement.
25. Precedence of Documents. In the event of any conflict between the body of
this Agreement and any exhibit or attachment hereto, the terms and conditions of the body
of this Agreement shall control and take precedence over the terms and conditions
expressed within the exhibit or attachment. Furthermore, any terms or conditions
contained within any exhibit or attachment hereto which purport to modify the allocation
of risk between the parties, provided for within the body of this Agreement, shall be null
and void.
-17-
26. Cumulative Remedies. No remedy or election hereunder shall be deemed
exclusive but shall, wherever possible, be cumulative with all other remedies at law or in
equity.
27. No Third Party Beneficiaries. The rights, interests, duties and obligations
defined within this Agreement are intended for the specific parties hereto as identified in
the preamble of this Agreement. Notwithstanding anything stated to the contrary in this
Agreement, it is not intended that any rights or interests in this Agreement benefit or flow
to the interest of any third parties.
28. Extent of Agreement. Each party acknowledges that they have read and
fully understand the contents of this Agreement. This Agreement represents the entire
and integrated agreement between the parties with respect to the subject matter hereof
and supersedes all prior negotiations, representations or agreements, either written or
oral. This Agreement may be modified only by written instrument duly authorized and
executed by both CITY and CONSULTANT.
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.]
-18-
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:
[Name],
[Title]
APPROVED AS TO FORM:
CITY ATTORNEY’S OFFICE
By:
[Name],
[Title]
ATTEST:
TODD STERMER, CMC
City Clerk
By:
Deputy
Addresses:
CITY:
City of Fresno
Attention: [Name],
[Title]
[Street Address]
Fresno, CA [Zip]
Phone: (559) [#]
E-mail: [E-mail address]
[Consultant Name],
[Legal Identity]
By:
Name:
Title:
(If corporation or LLC., Board
Chair, Pres. or Vice Pres.)
By:
Name:
Title:
(If corporation or LLC., CFO, Treasurer,
Secretary or Assistant Secretary)
Any Applicable Professional License:
Number:
Name:
Date of Issuance:
CONSULTANT:
[Consultant Name]
Attention: [Name],
[Title]
[Street Address]
[City, State Zip]
Phone: [area code and #]
E-mail: [E-mail address]
Attachments:
1. Exhibit A - Scope of Services
2. Exhibit B - Insurance Requirements
3. Exhibit C - Conflict of Interest Disclosure Form
Page 1 of 2
EXHIBIT A
SCOPE OF SERVICES
Consultant Service Agreement between City of Fresno (CITY)
and [Consultant Name] (CONSULTANT)
[Project Title]
[Describe Scope of Service]
Page 2 of 2
SCHEDULE OF FEES AND EXPENSES
[Schedule of Fees and Expenses]
Page 1 of 4
EXHIBIT B
INSURANCE REQUIREMENTS
Consultant Service Agreement between City of Fresno (CITY)
and [Consultant Name] (CONSULTANT)
[Project Title]
MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
1. The most current version of Insurance Services Office (ISO) Commercial
General Liability Coverage Form CG 00 01, 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
CONSULTANT’s profession. Architect’s and engineer’s coverage is to be
endorsed to include contractual liability.
MINIMUM LIMITS OF INSURANCE
CONSULTANT, or any party the CONSULTANT subcontracts with, shall maintain limits of
liability of not less than those set forth below. However, insurance limits available to CITY,
its officers, officials, employees, agents, and volunteers as additional insureds, shall be
the greater of the minimum limits specified herein or the full limit of any insurance proceeds
available to the named insured:
1. COMMERCIAL GENERAL LIABILITY:
(i) $1,000,000 per occurrence for bodily injury and property damage;
(ii) $1,000,000 per occurrence for personal and advertising injury;
(iii) $2,000,000 aggregate for products and completed operations; and,
Page 2 of 4
(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 (Errors and Omissions):
(i) $1,000,000 per claim/occurrence; and,
(ii) $2,000,000 policy aggregate.
UMBRELLA OR EXCESS INSURANCE
In the event CONSULTANT purchases an Umbrella or Excess insurance policy(ies) to
meet the “Minimum Limits of Insurance,” this insurance policy(ies) shall “follow form” and
afford no less coverage than the primary insurance policy(ies). In addition, such Umbrella
or Excess insurance policy(ies) shall also apply on a primary and non- contributory basis
for the benefit of the CITY, its officers, officials, employees, agents, and volunteers.
DEDUCTIBLES AND SELF-INSURED RETENTIONS
CONSULTANT shall be responsible for payment of any deductibles contained in any
insurance policy(ies) required herein and CONSULTANT shall also be responsible for
payment of any self-insured retentions. Any deductibles or self-insured retentions must
be declared to on the Certificate of Insurance, and approved by, the CITY’s Risk Manager
or designee. At the option of the CITY’s Risk Manager or designee, either:
(i) The insurer shall reduce or eliminate such deductibles or self-
insured retentions as respects CITY, its officers, officials, employees,
agents, and volunteers; or
(ii) CONSULTANT shall provide a financial guarantee, satisfactory to
CITY’s Risk Manager or designee, guaranteeing payment of losses
and related investigations, claim administration and defense
expenses. At no time shall CITY be responsible for the payment of
any deductibles or self-insured retentions.
OTHER INSURANCE PROVISIONS/ENDORSEMENTS
The General Liability and Automobile Liability insurance policies are to contain, or be
endorsed to contain, the following provisions:
1. CITY, its officers, officials, employees, agents, and volunteers are to be
covered as additional insureds. CONSULTANT shall establish additional
insured status for the City and for all ongoing and completed operations by
use of ISO Form CG 20 10 11 85, CG 20 10 04 13 and CG 20 37 04 12, or by an
executed manuscript insurance company endorsement providing additional
insured
Page 3 of 4
status as broad as that contained in ISO Form CG 20 10 11 85.
2. The coverage shall contain no special limitations on the scope of protection
afforded to CITY, its officers, officials, employees, agents, and volunteers.
Any available insurance proceeds in excess of the specified minimum limits
and coverage shall be available to the Additional Insured.
3. For any claims relating to this Agreement, CONSULTANT’s insurance
coverage shall be primary insurance with respect to the CITY, its officers,
officials, employees, agents, and volunteers. Any insurance or self-
insurance maintained by the CITY, its officers, officials, employees, agents,
and volunteers shall be excess of CONSULTANT’s insurance and shall not
contribute with it. CONSULTANT shall establish primary and non-
contributory status by using ISO Form CG 20 01 04 13 or by an executed
manuscript insurance company endorsement that provides primary and
non-contributory status as broad as that contained in ISO Form CG 20 01
04 13.
The Workers’ Compensation insurance policy is to contain, or be endorsed to contain, the
following provision: CONSULTANT and its insurer shall waive any right of subrogation
against CITY, its officers, officials, employees, agents, and volunteers.
If the Professional Liability (Errors and Omissions) insurance policy is written on a claims-
made form:
1. The retroactive date must be shown, and must be before the effective date
of the Agreement or the commencement of work by CONSULTANT.
2. Insurance must be maintained and evidence of insurance must be provided
for at least five (5) years after completion of the Agreement work or
termination of the Agreement, whichever occurs first, or, in the alternative,
the policy shall be endorsed to provide not less than a five (5) year discovery
period.
3. If coverage is canceled or non-renewed, and not replaced with another
claims-made policy form with a retroactive date prior to the effective date of
the Agreement or the commencement of work by CONSULTANT,
CONSULTANT must purchase “extended reporting” coverage for a
minimum of five (5) years 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.
All policies of insurance required herein shall be endorsed to provide that the coverage
shall not be cancelled, non-renewed, reduced in coverage or in limits except after thirty
(30) calendar days written notice by certified mail, return receipt requested, has been
given to CITY. CONSULTANT is also responsible for providing written notice to the CITY
under the same terms and conditions. Upon issuance by the insurer, broker, or agent of
a notice of cancellation, non-renewal, or reduction in coverage or in limits, CONSULTANT
shall furnish CITY with a new certificate and applicable endorsements for such policy(ies).
Page 4 of 4
In the event any policy is due to expire during the work to be performed for CITY,
CONSULTANT shall provide a new certificate, and applicable endorsements, evidencing
renewal of such policy not less than fifteen (15) calendar days prior to the expiration date
of the expiring policy.
Should any of the required policies provide that the defense costs are paid within the
Limits of Liability, thereby reducing the available limits by any defense costs, then the
requirement for the Limits of Liability of these polices will be twice the above stated limits.
The fact that insurance is obtained by CONSULTANT shall not be deemed to release or
diminish the liability of CONSULTANT, including, without limitation, liability under the
indemnity provisions of this Agreement. The policy limits do not act as a limitation upon
the amount of indemnification to be provided by CONSULTANT. Approval or purchase of
any insurance contracts or policies shall in no way relieve from liability nor limit the liability
of CONSULTANT, its principals, officers, agents, employees, persons under the
supervision of CONSULTANT, vendors, suppliers, invitees, consultants, sub- consultants,
subcontractors, or anyone employed directly or indirectly by any of them.
SUBCONTRACTORS - If CONSULTANT subcontracts any or all of the services to be
performed under this Agreement, CONSULTANT 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, CONSULTANT will be solely responsible for ensuring that its
subcontractors maintain insurance coverage at levels no less than those required by
applicable law and is customary in the relevant industry.
VERIFICATION OF COVERAGE
CONSULTANT shall furnish CITY with all certificate(s) and applicable endorsements
effecting coverage required hereunder. All certificates and applicable endorsements are
to be received and approved by the CITY’S Risk Manager or designee prior to CITY’S
execution of the Agreement and before work commences. All non-ISO endorsements
amending policy coverage shall be executed by a licensed and authorized agent or
broker. Upon request of CITY, CONSULTANT shall immediately furnish City with a
complete copy of any insurance policy required under this Agreement, including all
endorsements, with said copy certified by the underwriter to be a true and correct copy of
the original policy. This requirement shall survive expiration or termination of this
Agreement.
EXHIBIT C
DISCLOSURE OF CONFLICT OF INTEREST
[Project Title]
YES* NO
1 Are you currently in litigation with the City of Fresno or any of its
agents?
2 Do you represent any firm, organization, or person who is in
litigation with the City of Fresno?
3 Do you currently represent or perform work for any clients who do
business with the City of Fresno?
4 Are you or any of your principals, managers, or professionals,
owners or investors in a business which does business with the City
of Fresno, or in a business which is in litigation with the City of
Fresno?
5 Are you or any of your principals, managers, or professionals, related
by blood or marriage to any City of Fresno employee who has any
significant role in the subject matter of this service?
6 Do you or any of your subcontractors have, or expect to have, any
interest, direct or indirect, in any other contract in connection with
this Project?
* If the answer to any question is yes, please explain in full below.
Explanation:
Signature
Date
(Name)
(Company)
(Address)
Additional Page(s)
Attached.
(City State Zip)
Appendix B
REPORT FROM EVALUATION COMMITTEE
REQUEST FOR QUOTES FOR COMPREHENSIVE ECONOMIC
DEVELOPMENT STRATEGY
RFQ NO. 12301676
COMMITTEE MEMBERS:
Lance Lippincott - Director, City of Fresno Economic Development Department
Kelly Trevino - Assistant Director, City of Fresno Economic Development Department
Lisa Henslee – Executive Assistant, City of Fresno Economic Development Department
FACILITATOR:
N/A
BACKGROUND
The goal of this Request for Proposal (RFQ) was to solicit quotes to provide professional
services for the City of Fresno. The contractor will be responsible for providing assistance and
guidance to the City of Fresno for the formation of a compliant U.S. Economic Development
Administration (EDA) Comprehensive Economic Development Strategy (CEDS).
Proposals were received from the below listed vendors as of the bid close date of March 31,
2023:
Beacon Economics
Chabin Concepts, Inc.
Kosmont Companies
Natelson Dale Group
CVL Economics
Thomas P. Miller and Associates, LLC
SIGNIFICANT EVENTS
Bid Opening - March 3, 2023
Bid Close – March 31, 2023
Final Committee Evaluation – April 12, 2023
EVALUTION FOR DETERMINATION
The committee reviewed the six proposals, which ranged in cost from $80,000.00 to
$100,000.00. The committee members evaluated these six proposers on:
1) Cost as shown on the proposal form
2) Conformance to the terms and conditions of the RFQ
3) Ability to meet the stated service requirements
4) Past performance and experience based on references and experience indicated in RFQ
submissions.
5) Financial stability based on information provided in the statement of qualifications.
6) Other related information.
COMMITTEE NOTES
Beacon Economics
Beacon Economics has been providing economic services from impact analyses to CEDS for
the last sixteen (16) years. Beacon Economics staff has a combined 65+ years of economic
development experience, and provided a listing of CEDS completed in other similar jurisdictions
in California and Nevada. Beacon is located and operates out of Los Angeles, but has engaged
with other economic development organizations in the Central Valley.
Chabin Concepts, Inc.
Chabin Concepts, Inc. (Chabin) has been providing economic development services including
CEDS for over 25 years. Chabin has a history of successful projects for the City of Fresno,
County of Fresno, Fresno County Economic Development Corporation, County of Merced, and
other entities in the Central Valley. A listing of fourteen (14) other projects was provided for
reference. Chabin is located in Chico, and has extensive experience with EDA compliant CEDS
projects.
Kosmont Companies
Kosmont Companies was established in 1986, and has been providing economic development
services for more than 37 years. Kosmont has worked on projects in the Fresno area since
2005, and most recently assisted in the formation of an Enhanced Infrastructure Finance District
centered around Downtown and the Blackstone Avenue BRT corridor. A thorough listing of other
comparable projects was included in the RFQ response for reference. Kosmont is located in
Manhattan Beach, California and, as stated previously, are familiar with the Central Valley.
Natelson Dale Group
The Natelson Dale Group is a boutique economic development firm that has been in operation
since 1974. With primary practice areas focusing on planning and implementation of strategic
plans, the Natelson Dale Group rates as one of the more experienced entities to submit a
response to the RFQ. The Natelson Dale Group includes more than seventeen (17) CEDS
projects for reference in their submittal, and has conducted work in Central Valley jurisdictions.
The Natelson Dale Group operates from Yorba Linda, California.
CVL Economics
Founded in 2021, CVL Economics is one of the newest firms to submit a response to the RFQ.
Four (4) projects are included for reference in the submission, although only one of the projects
that they have undertaken was a CEDS. CVL Economics is headquartered in Los Angeles, and
does not appear to have undertaken any work in the Central Valley as of the date of their
submission.
Thomas P. Miller and Associates, LLC
Thomas P. Miller and Associates, LLC (Miller) was founded in Indianapolis in 1989 by Thomas
Miller, who continues to serve in the company. Miller provides a broad range of strategic
services centered around economic development, workforce development, evaluation, housing
studies, and several other related fields. Past project references were provided for three projects
that were completed in Utah, Virginia, and Pennsylvania. Miller is located in Indianapolis,
Indiana and did not reference any work in the Central Valley as of the date of their application.
SUMMARY RECOMMENDATION
The committee agreed unanimously that Chabin Concepts, Inc., was best suited for this RFQ.
Although all applicants are well qualified to perform the work stipulated to in the RFQ, Chabin
provided the highest rated response based on timeliness, experience, and cost.
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-860 Agenda Date:6/8/2023 Agenda #:
1.-C.
REPORT TO THE CITY COUNCIL
FROM:BILLY ALCORN, Interim Fire Chief
Fire Department
SUBJECT
Approve a Consultant Services Contract with Gaetke Medical Corporation and 1582, LLC for Annual
Fitness/Wellness Evaluations (Annual Physicals) for the Fresno Fire Department sworn personnel in
the amount not to exceed $261,000
RECOMMENDATION
Staff recommends Council approve a Consultant Services Contract with Gaetke Medical Corporation
and 1582, LLC for Annual Fitness/Wellness Evaluations (Annual Physicals) for the Fresno Fire
Department sworn personnel.
EXECUTIVE SUMMARY
It is recommended that Council approve a Consultant Services Contract with Gaetke Medical
Corporation and 1582, LLC for Annual Fitness/Wellness Evaluations (Annual Physicals) for the
Fresno Fire Department sworn personnel in the amount not to exceed $261,000.In January 2022,
the Fire Department submitted a grant application with AFG in the amount of $260,250 (City Match
$23,659) to provide funding for NFPA 1582 physicals with enhanced screening for cancer and heart
disease. With repeated exposure to smoke and hazardous materials, it is the goal of the Fire
Department to afford its members with a quality of life both during and after their careers. Early
detection is key to preventing members from being victims of cancer and heart disease. This grant
will greatly help with this goal. Acceptance of this grant was approved by Council on September 29,
2022.
BACKGROUND
NFPA 1582 sets forth a comprehensive medical evaluation that matches the workloads of firefighters
and the ability of a firefighter to medically and safely perform those duties. The standard was
introduced in 1992 and has undergone several revisions; the latest revision was in 2022.
While pre-employment physicals are completed in accordance with standards set by NFPA 1582 and
NFPA 1583, little to no follow-up is conducted once an employee passes the pre-employment
physical exam. Although the Department has provided physicals in the past, there is no ongoing
program that would advise of health issues unless specifically noted by a physician, with the
City of Fresno Printed on 6/2/2023Page 1 of 3
powered by Legistar™
06/08/2023
MA/MK 6-0
TM ABSENT
APPROVED ON CONSENT
File #:ID 23-860 Agenda Date:6/8/2023 Agenda #:
1.-C.
program that would advise of health issues unless specifically noted by a physician,with the
exception of Hazardous Materials Response Team members who receive biannual physicals with
baseline blood tests due to the nature of their work.
The objective for the grant application,and subsequent request for proposal,is to provide all
members with a comprehensive NFPA 1582 integrated physical with enhanced screening for cancer
and heart disease.This diagnostic exam includes a Cancer Screening Program which meets NFPA
1582.The exam screens for cancers that are prevalent in the fire service and will benefit our
members by providing a reliable means for early detection of life-threatening disease.The inherent
nature of the profession exposes firefighters to carcinogens each time they respond to a fire related
incident.With all our efforts,we realize we cannot prevent all work-related illnesses.Knowing this,
we feel a responsibility to provide a means for early detection of long-term health risks including
cancer and heart disease.
On August 19,2022,the Fresno Fire Department was awarded a FEMA Assistance to Firefighters
Grant and accepted by Council on September 29,2022.This awarded grant amount is $236,590.90
with a local match of $23,659.10.
On February 22,2023,a Notice Inviting Proposals was published in the Business Journal and the
Request for Proposals was posted on Planet Bids with links available on the City of Fresno’s website.
Two firms responded.The two proposals were reviewed and Gaetke Medical Corporation was
selected based on cost per member being the lowest.
The RFP sought to include:
Occupational Health Testing
·Audiogram - Occupational Hearing Exam
·Biometric Screening
·Spirometry (Pulmonary Function Test)
·Vision Screening
·Resting EKG
·Blood Pressure Monitoring
·Vital Signs
Physical Exam - NFPA 1582
·Physical Examination as outlined in NFPA 1582
·Medical History Review
·Skin Cancer Assessment
·Cardiac Risk Stratification
·Sleep Disturbance Apnea Assessment
·Health Promotion Counseling - Review
·OSHA Respirator Questionnaire
·Firefighter Medical Clearance - 1582 TIERS
Laboratory Blood / Urine Testing
City of Fresno Printed on 6/2/2023Page 2 of 3
powered by Legistar™
File #:ID 23-860 Agenda Date:6/8/2023 Agenda #:
1.-C.
·Complete Blood Count with Differential
·Comprehensive Metabolic Panel
·Fasting Lipid Panel
·Urinalysis
·Diabetes Screening - Fasting Glucose - A1C Hemoglobin
·C-Reactive Protein
·Prostate Specific Antigen
·Hemoccult Test
·CA-125 (female only)
·Thyroid Panel
·Hepatitis Profile Screening
Cardiac and Pulmonary Assessment
·Stress EKG, WFI Protocol
·Aerobic Capacity
·Treadmill Stress EKG
·Ultrasound Screening - Carotid and Aortic Aneurysm Screening
·Chest X-Ray - Two View (PA and LAT) with Radiologic Review*
*NFPA 1582 is very clear Chest X-Ray should only be done when medically indicated
Cancer and Disease Assessment
·Ultrasound Screening - Thyroid
·Ultrasound Screening - Pancreas, Liver, Gallbladder, Spleen and Kidney
·Ultrasound Screening - External Pelvic (Female Only)
·Ultrasound Screening - Prostate and Testicular (Male Only)
ENVIRONMENTAL FINDINGS
This is not a project pursuant to CEQA guidelines Section 15378.
LOCAL PREFERENCE
Local preference was implemented, but the selected vendor had the lowest bid.
FISCAL IMPACT
Funding for the annual physicals will be funded through a FEMA Assistance to Firefighters Grant.
Attachment: Consulting Services Agreement
City of Fresno Printed on 6/2/2023Page 3 of 3
powered by Legistar™
ALL-B Generic CSA Not to Exceed (12-2022)
-1-
AGREEMENT
CITY OF FRESNO, CALIFORNIA
CONSULTANT SERVICES
THIS AGREEMENT (Agreement) is made and entered into, effective on
_______________________, by and between the CITY OF FRESNO, a California
municipal corporation (City), Gaetke Medical Corporation, a California Medical
Professional Corporation, and 1582, LLC, a limited liability company (Consultant).
RECITALS
WHEREAS, the City desires to obtain professional medical services for Annual
Fitness/Wellness Evaluations for the Fresno Fire Department sworn personnel (Project);
and
WHEREAS, the Consultant is engaged in the business of furnishing services as medical
specialists and hereby represents that it desires to and is professionally and legally
capable of performing the services called for by this Agreement; and
WHEREAS, the Consultant acknowledges that this Agreement is subject to the
requirements of Fresno Municipal Code Section 4-107 and Administrative Order No. 6-19;
and
WHEREAS, this Agreement will be administered for the City by its Fire Chief
(Administrator) or designee.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and of the covenants, conditions,
and premises hereinafter contained to be kept and performed by the respective parties,
it is mutually agreed as follows:
1. Scope of Services. 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 (Effective Date) and shall continue in full force
and effect through December 31, 2023, subject to any earlier termination in
accordance with this Agreement. The services of the Consultant as described in
Exhibit A are to commence upon the 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) The Consultant’s sole compensation for satisfactory performance of all
services required or rendered pursuant to this Agreement shall not exceed
$261,000, paid on the basis of the rates set forth in the schedule of fees
and expenses contained in Exhibit A.
DocuSign Envelope ID: 664540C6-228B-4DD7-97FC-A4BCD1E814AB
ALL-B Generic CSA Not to Exceed (12-2022)
-2-
(b) Detailed statements shall be rendered monthly for services performed in the
preceding month and will be payable in the normal course of City business.
The City shall not be obligated to reimburse any expense for which it has
not received a detailed invoice with applicable copies of representative and
identifiable receipts or records substantiating such expense.
(c) The parties may modify this Agreement to increase or decrease the scope
of services or provide for the rendition of services not required by this
Agreement, which modification shall include an adjustment to the
Consultant’s compensation. Any change in the scope of services must be
made by written amendment to the Agreement signed by an authorized
representative for each party. The Consultant shall not be entitled to any
additional compensation if services are performed prior to a signed written
amendment.
4. Termination, Remedies, and Force Majeure.
(a) This Agreement shall terminate without any liability of the City to the
Consultant upon the earlier of: (i) the Consultant’s filing for protection under
the federal bankruptcy laws, or any bankruptcy petition or petition for
receiver commenced by a third party against the Consultant; (ii) seven
calendar days prior written notice with or without cause by the City to the
Consultant; (iii) the City’s non-appropriation of funds sufficient to meet its
obligations hereunder during any City fiscal year of this Agreement, or
insufficient funding for the Project; or (iv) expiration of this Agreement.
(b) Immediately upon any termination or expiration of this Agreement, the
Consultant shall (i) immediately stop all work hereunder; (ii) immediately
cause any and all of its subcontractors to cease work; and (iii) return to the
City any and all unearned payments and all properties and materials in the
possession of the Consultant that are owned by the City. Subject to the
terms of this Agreement, the Consultant shall be paid compensation for
services satisfactorily performed prior to the effective date of termination.
The Consultant shall not be paid for any work or services performed or costs
incurred which reasonably could have been avoided.
(c) In the event of termination due to failure of the Consultant to satisfactorily
perform in accordance with the terms of this Agreement, the City may
withhold an amount that would otherwise be payable as an offset to, but not
in excess of, the City’s damages caused by such failure. In no event shall
any payment by the City pursuant to this Agreement constitute a waiver by
the City of any breach of this Agreement which may then exist on the part
of the Consultant, nor shall such payment impair or prejudice any remedy
available to the City with respect to the breach.
(d) Upon any breach of this Agreement by the Consultant, the City may
(i) exercise any right, remedy (in contract, law or equity), or privilege which
may be available to it under applicable laws of the State of California or any
other applicable law; (ii) proceed by appropriate court action to enforce the
terms of the Agreement; and/or (iii) recover all direct, indirect,
DocuSign Envelope ID: 664540C6-228B-4DD7-97FC-A4BCD1E814AB
ALL-B Generic CSA Not to Exceed (12-2022)
-3-
consequential, economic and incidental damages for the breach of the
Agreement. If it is determined that the City improperly terminated this
Agreement for default, such termination shall be deemed a termination for
convenience.
(e) The Consultant shall provide the City with adequate written assurances of
future performance, upon Administrator’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 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 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 Administrator. 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, 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 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. The Consultant shall not permit the
reproduction or use thereof by any other person except as otherwise
expressly provided herein.
(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
DocuSign Envelope ID: 664540C6-228B-4DD7-97FC-A4BCD1E814AB
ALL-B Generic CSA Not to Exceed (12-2022)
-4-
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, the Consultant shall
indemnify, hold harmless and defend the City and each of its officers, officials,
employees, agents, and volunteers from any and all loss, liability, fines, penalties,
forfeitures, costs and damages (whether in contract, tort or strict liability, including
but not limited to personal injury, death at any time and property damage), and
from any and all claims, demands and actions in law or equity (including
reasonable attorney's fees, litigation expenses, and costs to enforce this
agreement) that arise out of, pertain to, or relate to the negligence, recklessness
or willful misconduct of the Consultant, its principals, officers, employees, agents,
or volunteers in the performance of this Agreement.
If the Consultant should subcontract all or any portion of the services to be
performed under this Agreement, the Consultant shall require each subcontractor
to indemnify, hold harmless and defend the City and each of its officers, officials,
employees, agents, and volunteers in accordance with the terms of the preceding
paragraph.
This section shall survive termination or expiration of this Agreement.
8. Insurance.
(a) Throughout the life of this Agreement, the Consultant shall pay for and
maintain in full force and effect all insurance as required in Exhibit B, which
is incorporated into and part of this Agreement, with an insurance
company(ies) either (i) admitted by the California Insurance Commissioner
to do business in the State of California and rated no less than “A-VII” in the
Best’s Insurance Rating Guide, or (ii) as may be authorized in writing by the
City’s Risk Manager or designee at any time and in its sole discretion. The
required policies of insurance as stated in Exhibit B shall maintain limits of
liability of not less than those amounts stated therein. However, the
insurance limits available to the City, its officers, officials, employees,
agents, and volunteers as additional insureds, shall be the greater of the
minimum limits specified therein or the full limit of any insurance proceeds
to the named insured.
(b) If at any time during the life of the Agreement or any extension, the
Consultant or any of its subcontractors/sub-consultants fail to maintain any
required insurance in full force and effect, all services and work under this
Agreement shall be discontinued immediately, and all payments due or that
become due to the Consultant shall be withheld until notice is received by
the City that the required insurance has been restored to full force and effect
DocuSign Envelope ID: 664540C6-228B-4DD7-97FC-A4BCD1E814AB
ALL-B Generic CSA Not to Exceed (12-2022)
-5-
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.
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.) 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, 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
DocuSign Envelope ID: 664540C6-228B-4DD7-97FC-A4BCD1E814AB
ALL-B Generic CSA Not to Exceed (12-2022)
-6-
either is employed by the City or is a member of any City council,
commission, board, committee, or similar City body. This requirement may
be waived in writing by the City Manager, if no actual or potential conflict is
involved.
(d) The Consultant represents and warrants that it has not paid or agreed to
pay any compensation, contingent or otherwise, direct or indirect, to solicit,
or procure this Agreement or any rights/benefits hereunder.
(e) Neither the Consultant, nor any of the Consultant’s subcontractors
performing any services on this Project, shall bid for, assist anyone in the
preparation of a bid for, or perform any services pursuant to, any other
contract in connection with this Project unless fully disclosed to and
approved by the City Manager, in advance and in writing. 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. Notwithstanding
any approval given by the City Manager under this provision, the Consultant
shall remain responsible for complying with Section 9(b), above.
(f) If the Consultant should subcontract all or any portion of the work to be
performed or services to be provided under this Agreement, the Consultant
shall include the provisions of this Section 9 in each subcontract and require
its subcontractors to comply therewith.
(g) This Section 9 shall survive expiration or termination of this Agreement.
10. Recycling Program. In the event the Consultant maintains an office or operates a
facility(ies), or is required herein to maintain or operate same, within the
incorporated limits of the City of Fresno, the Consultant at its sole cost and
expense shall:
(a) Immediately establish and maintain a viable and ongoing recycling
program, approved by the City’s Solid Waste Management Division, for
each office and facility. Literature describing the City recycling programs is
available from the City’s Solid Waste Management Division and by calling
City of Fresno Recycling Hotline at (559) 621-1111.
(b) Immediately contact the City’s Solid Waste Management Division at
(559) 621-1452 and schedule a free waste audit and cooperate with such
Division in their conduct of the audit for each office and facility.
(c) Cooperate with and demonstrate to the satisfaction of the City’s Solid Waste
Management Division the establishment of the recycling program in
paragraph (a) above and the ongoing maintenance thereof.
11. General Terms.
(a) Except as otherwise provided by law, all notices expressly required of the
City within the body of this Agreement, and not otherwise specifically
DocuSign Envelope ID: 664540C6-228B-4DD7-97FC-A4BCD1E814AB
ALL-B Generic CSA Not to Exceed (12-2022)
-7-
provided for, shall be effective only if signed by the Administrator 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
subcontractor to provide evidence to the City that subcontractor is licensed
to perform the services called for by this Agreement (or that no license is
required) before beginning work.
12. Nondiscrimination. To the extent required by controlling federal, state and local
law, the Consultant shall not employ discriminatory practices in the provision of
services, employment of personnel, or in any other respect on the basis of race,
religious creed, color, national origin, ancestry, physical disability, mental disability,
medical condition, marital status, sex, age, sexual orientation, ethnicity, status as
a disabled veteran or veteran of the Vietnam era. Subject to the foregoing and
during the performance of this Agreement, the Consultant agrees as follows:
(a) The Consultant will comply with all applicable laws and regulations
providing that no person shall, on the grounds of race, religious creed, color,
national origin, ancestry, physical disability, mental disability, medical
condition, marital status, sex, age, sexual orientation, ethnicity, status as a
disabled veteran or veteran of the Vietnam era be excluded from
participation in, be denied the benefits of, or be subject to discrimination
under any program or activity made possible by or resulting from this
Agreement.
(b) The Consultant will not discriminate against any employee or applicant for
employment because of race, religious creed, color, national origin,
ancestry, physical disability, mental disability, medical condition, marital
DocuSign Envelope ID: 664540C6-228B-4DD7-97FC-A4BCD1E814AB
ALL-B Generic CSA Not to Exceed (12-2022)
-8-
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,
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
DocuSign Envelope ID: 664540C6-228B-4DD7-97FC-A4BCD1E814AB
ALL-B Generic CSA Not to Exceed (12-2022)
-9-
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
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
DocuSign Envelope ID: 664540C6-228B-4DD7-97FC-A4BCD1E814AB
ALL-B Generic CSA Not to Exceed (12-2022)
-10-
individual(s), corporation(s) or entity(ies). The City retains the right to pay
any and all monies due the Consultant directly to the Consultant.
17. Compliance With Law. In providing the services required under this Agreement,
the Consultant shall at all times comply with all applicable laws of the United
States, the State of California and the City, and with all applicable regulations
promulgated by federal, state, regional, or local administrative and regulatory
agencies, now in force and as they may be enacted, issued, or amended during
the term of this Agreement.
18. Waiver. The waiver by either party of a breach by the other of any provision of this
Agreement shall not constitute a continuing waiver or a waiver of any subsequent
breach of either the same or a different provision of this Agreement. No provisions
of this Agreement may be waived unless in writing and signed by all parties to this
Agreement. Waiver of any one provision herein shall not be deemed to be a waiver
of any other provision herein.
19. Governing Law and Venue. This Agreement shall be governed by, and construed
and enforced in accordance with, the laws of the State of California, excluding,
however, any conflict of laws rule which would apply the law of another jurisdiction.
Venue for purposes of the filing of any action regarding the enforcement or
interpretation of this Agreement and any rights and duties hereunder shall be
Fresno County, California.
20. Headings. The section headings in this Agreement are for convenience and
reference only and shall not be construed or held in any way to explain, modify or
add to the interpretation or meaning of the provisions of this Agreement.
21. Severability. The provisions of this Agreement are severable. The invalidity, or
unenforceability of any one provision in this Agreement shall not affect the other
provisions.
22. Interpretation. The parties acknowledge that this Agreement in its final form is the
result of the combined efforts of the parties and that, should any provision of this
Agreement be found to be ambiguous in any way, such ambiguity shall not be
resolved by construing this Agreement in favor of or against either party, but rather
by construing the terms in accordance with their generally accepted meaning.
23. Attorney's Fees. If either party is required to commence any proceeding or legal
action to enforce or interpret any term, covenant or condition of this Agreement,
the prevailing party in such proceeding or action shall be entitled to recover from
the other party its reasonable attorney's fees and legal expenses.
24. Exhibits. Each exhibit and attachment referenced in this Agreement is, by the
reference, incorporated into and made a part of this Agreement.
25. Precedence of Documents. In the event of any conflict between the body of this
Agreement and any Exhibit or Attachment hereto, the terms and conditions of the
body of this Agreement shall control and take precedence over the terms and
conditions expressed within the Exhibit or Attachment. Furthermore, any terms or
conditions contained within any Exhibit or Attachment hereto which purport to
DocuSign Envelope ID: 664540C6-228B-4DD7-97FC-A4BCD1E814AB
ALL-B Generic CSA Not to Exceed (12-2022)
-11-
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.
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.]
DocuSign Envelope ID: 664540C6-228B-4DD7-97FC-A4BCD1E814AB
ALL-B Generic CSA Not to Exceed (12-2022)
-12-
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
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By:
Brandon M. Collet Date
Supervising Deputy City Attorney
ATTEST:
TODD STERMER, CMC
City Clerk
By:
Deputy
Addresses:
CITY:
City of Fresno, Fire Department
Attention: BC Devin McGuire
911 H Street
Fresno, CA 93721
Phone: (559) 621-4407
E-mail: Devin.McGuire@fresno.gov
Gaetke Medical Corporation
a California Medical Professional
Corporation
By:
Name:
Title:
(If corporation or LLC., Board Chair,
Pres. or Vice Pres.)
1582, LLC,
a limited liability company
By:
Name:
Title:
(If corporation or LLC., CFO, Treasurer,
Secretary or Assistant Secretary)
Any Applicable Professional License:
Number:
Name:
Date of Issuance:
CONSULTANT:
1582, LLC
Attention: Paul Granstrom, President
1855 N. McCarran Blvd.
Sparks, NV 89431
Phone: (775) 846-3413
E-mail: paul@1582exam.com
Attachments:
1. Exhibit A - Scope of Services
2. Exhibit B - Insurance Requirements
3. Exhibit C - Conflict of Interest Disclosure Form
DocuSign Envelope ID: 664540C6-228B-4DD7-97FC-A4BCD1E814AB
6/1/2023
ALL-B Generic CSA Not to Exceed (12-2022)
Page 1 of 7
EXHIBIT A
SCOPE OF SERVICES
Consultant Service Agreement between City of Fresno (City)
and 1582, LLC (Consultant)
Annual Fitness/Wellness Evaluation
DocuSign Envelope ID: 664540C6-228B-4DD7-97FC-A4BCD1E814AB
ALL-B Generic CSA Not to Exceed (12-2022)
Page 2 of 7
DocuSign Envelope ID: 664540C6-228B-4DD7-97FC-A4BCD1E814AB
ALL-B Generic CSA Not to Exceed (12-2022)
Page 3 of 7
SCHEDULE OF FEES AND EXPENSES
DocuSign Envelope ID: 664540C6-228B-4DD7-97FC-A4BCD1E814AB
ALL-B Generic CSA Not to Exceed (12-2022)
Page 4 of 7
EXHIBIT B
INSURANCE REQUIREMENTS
Consultant Service Agreement between City of Fresno (City)
and 1582, LLC (Consultant)
Annual Fitness/Wellness Evaluation
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
CONSULTANT’S profession.
MINIMUM LIMITS OF INSURANCE
CONSULTANT, or any party the CONSULTANT subcontracts with, shall maintain limits of
liability of not less than those set forth below. However, insurance limits available to CITY,
its officers, officials, employees, agents and volunteers as additional insureds, shall be the
greater of the minimum limits specified herein or the full limit of any insurance proceeds
available to the named insured:
1. COMMERCIAL GENERAL LIABILITY:
(i) $1,000,000 per occurrence for bodily injury and property damage;
(ii) $1,000,000 per occurrence for personal and advertising injury;
(iii) $2,000,000 aggregate for products and completed operations; and,
(iv) $2,000,000 general aggregate applying separately to the work
performed under the Agreement.
2. COMMERCIAL AUTOMOBILE LIABILITY:
DocuSign Envelope ID: 664540C6-228B-4DD7-97FC-A4BCD1E814AB
ALL-B Generic CSA Not to Exceed (12-2022)
Page 5 of 7
$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 CONSULTANT purchases an Umbrella or Excess insurance policy(ies) to
meet the “Minimum Limits of Insurance,” this insurance policy(ies) shall “follow form” and
afford no less coverage than the primary insurance policy(ies). In addition, such Umbrella
or Excess insurance policy(ies) shall also apply on a primary and non-contributory basis
for the benefit of the CITY, its officers, officials, employees, agents and volunteers.
DEDUCTIBLES AND SELF-INSURED RETENTIONS
CONSULTANT shall be responsible for payment of any deductibles contained in any
insurance policy(ies) required herein and CONSULTANT shall also be responsible for
payment of any self-insured retentions. Any deductibles or self-insured retentions must
be declared to on the Certificate of Insurance, and approved by, the CITY’S Risk Manager
or designee. At the option of the CITY’S Risk Manager or designee, either:
(i) The insurer shall reduce or eliminate such deductibles or self-insured
retentions as respects CITY, its officers, officials, employees, agents
and volunteers; or
(ii) CONSULTANT shall provide a financial guarantee, satisfactory to
CITY’S Risk Manager or designee, guaranteeing payment of losses
and related investigations, claim administration and defense
expenses. At no time shall CITY be responsible for the payment of
any deductibles or self-insured retentions.
OTHER INSURANCE PROVISIONS/ENDORSEMENTS
The General Liability and Automobile Liability insurance policies are to contain, or be
endorsed to contain, the following provisions:
1. CITY, its officers, officials, employees, agents and volunteers are to be
covered as additional insureds. CONSULTANT shall establish additional
insured status for the City and for all ongoing and completed operations by
use of ISO Form CG 20 10 11 85 or both CG 20 10 04 13 and CG 20 37 04
13 or by an executed manuscript insurance company endorsement
DocuSign Envelope ID: 664540C6-228B-4DD7-97FC-A4BCD1E814AB
ALL-B Generic CSA Not to Exceed (12-2022)
Page 6 of 7
providing additional insured status as broad as that contained in ISO Form
CG 20 10 11 85.
2. The coverage shall contain no special limitations on the scope of protection
afforded to CITY, its officers, officials, employees, agents and volunteers.
Any available insurance proceeds in excess of the specified minimum limits
and coverage shall be available to the Additional Insured.
3. For any claims relating to this Agreement, CONSULTANT’S insurance
coverage shall be primary insurance with respect to the CITY, its officers,
officials, employees, agents and volunteers. Any insurance or self-
insurance maintained by the CITY, its officers, officials, employees, agents
and volunteers shall be excess of CONSULTANT’S insurance and shall not
contribute with it. CONSULTANT shall establish primary and non-
contributory status by using ISO Form CG 20 01 04 13 or by an executed
manuscript insurance company endorsement that provides primary and
non-contributory status as broad as that contained in ISO Form CG
20 01 04 13.
The Workers’ Compensation insurance policy is to contain, or be endorsed to contain, the
following provision: CONSULTANT and its insurer shall waive any right of subrogation
against CITY, its officers, officials, employees, agents and volunteers.
If the Professional Liability (Errors and Omissions) insurance policy is written on a claims-
made form:
1. The retroactive date must be shown, and must be before the effective date
of the Agreement or the commencement of work by CONSULTANT.
2. Insurance must be maintained and evidence of insurance must be provided
for at least five (5) years after completion of the Agreement work or
termination of the Agreement, whichever occurs first, or, in the alternative,
the policy shall be endorsed to provide not less than a five (5) year discovery
period.
3. If coverage is canceled or non-renewed, and not replaced with another
claims-made policy form with a retroactive date prior to the effective date of
the Agreement or the commencement of work by CONSULTANT,
CONSULTANT must purchase “extended reporting” coverage for a
minimum of five (5) years 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.
All policies of insurance required herein shall be endorsed to provide that the coverage
shall not be cancelled, non-renewed, reduced in coverage or in limits except after thirty
(30) calendar days written notice by certified mail, return receipt requested, has been
given to CITY. CONSULTANT is also responsible for providing written notice to the CITY
DocuSign Envelope ID: 664540C6-228B-4DD7-97FC-A4BCD1E814AB
ALL-B Generic CSA Not to Exceed (12-2022)
Page 7 of 7
under the same terms and conditions. Upon issuance by the insurer, broker, or agent of
a notice of cancellation, non-renewal, or reduction in coverage or in limits, CONSULTANT
shall furnish CITY with a new certificate and applicable endorsements for such policy(ies).
In the event any policy is due to expire during the work to be performed for CITY,
CONSULTANT shall provide a new certificate, and applicable endorsements, evidencing
renewal of such policy not less than fifteen (15) calendar days prior to the expiration date
of the expiring policy.
Should any of the required policies provide that the defense costs are paid within the
Limits of Liability, thereby reducing the available limits by any defense costs, then the
requirement for the Limits of Liability of these polices will be twice the above stated limits.
The fact that insurance is obtained by CONSULTANT shall not be deemed to release or
diminish the liability of CONSULTANT, including, without limitation, liability under the
indemnity provisions of this Agreement. The policy limits do not act as a limitation upon
the amount of indemnification to be provided by CONSULTANT. Approval or purchase
of any insurance contracts or policies shall in no way relieve from liability nor limit the
liability of CONSULTANT, its principals, officers, agents, employees, persons under the
supervision of CONSULTANT, vendors, suppliers, invitees, consultants, sub-consultants,
subcontractors, or anyone employed directly or indirectly by any of them.
VERIFICATION OF COVERAGE
CONSULTANT shall furnish CITY with all certificate(s) and applicable endorsements
effecting coverage required hereunder. All certificates and applicable endorsements
are to be received and approved by the CITY’S Risk Manager or designee prior to CITY’S
execution of the Agreement and before work commences. All non-ISO endorsements
amending policy coverage shall be executed by a licensed and authorized agent or
broker. Upon request of CITY, CONSULTANT shall immediately furnish City with a
complete copy of any insurance policy required under this Agreement, including all
endorsements, with said copy certified by the underwriter to be a true and correct copy of
the original policy. This requirement shall survive expiration or termination of this
Agreement.
SUBCONTRACTORS - If CONSULTANT subcontracts any or all of the services to be
performed under this Agreement, CONSULTANT 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, CONSULTANT shall require and verify that subcontractors maintain insurance
meeting all the requirements stated herein and CONSULTANT shall ensure that CITY, its
officers, officials, employees, agents, and volunteers are additional insureds. The
subcontractors' certificates and endorsements shall be on file with CONSULTANT, and
CITY, prior to commencement of any work by the subcontractor.
DocuSign Envelope ID: 664540C6-228B-4DD7-97FC-A4BCD1E814AB
DocuSign Envelope ID: 664540C6-228B-4DD7-97FC-A4BCD1E814AB
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-817 Agenda Date:6/8/2023 Agenda #:
1.-D.
REPORT TO THE CITY COUNCIL
FROM:BILLY ALCORN, Interim Fire Chief
Fire Department
BY:WILLIAM VEIGA, Battalion Chief
Fire Department
SUBJECT
Approve the award of a purchase contract to Bauer Compressors, Inc., California, for the
purchase of MSA-G1 Self Contained Breathing Apparatus (SCBA) in the amount of
$4,410,060.71 for the Fire Department (Bid File 12302062).
RECOMMENDATION
Staff recommends Council approve the award of a purchase contract to Bauer Compressors, Inc. of
Livermore, California for the purchase of MSA-G1 Self Contained Breathing Apparatus (SCBA) in the
amount of $4,410,060.71.
EXECUTIVE SUMMARY
The Fresno Fire Department is requesting approval to purchase MSA-G1 SCBA’s. The replacement
equipment includes 398 SCBA packs, 790 SCBA bottles, 499 masks, and ancillary equipment.
Included in the SCBA purchase is all the associated supporting equipment such as batteries and
chargers, the conversion of all our fire apparatus to support the new SCBA’s, and training needed to
support their use.
Bids were received and reviewed on April 25, 2023. There were 2 proposals received and Bauer
Compressors, Inc was the lowest bidder.
BACKGROUND
On April 7, 2023, a Notice Inviting Bids (Bid File 12302062) was published in the Business Journal
and on Planet Bids with links available on the City’s website. The bid was for the complete
conversion and replacement of the Fire Departments SCBAs. Two firms responded to the bid.
SCBAs are devices used in the fire service which enable firefighters to enter atmospheric conditions
which are immediately dangerous to life and health. The National Fire Protection Association
standard for SCBA’s recommends replacement after fifteen years. The department SCBA’s and air
City of Fresno Printed on 6/2/2023Page 1 of 2
powered by Legistar™
06/08/2023
MA/MK 6-0
TM ABSENT
APPROVED ON CONSENT
File #:ID 23-817 Agenda Date:6/8/2023 Agenda #:
1.-D.
bottles will reach this time frame in calendar year 2023.
With the aging and heavily used equipment, the department is seeing failures, which in turn, could
cause injury to firefighters. The newer SCBA models are not interchangeable with our current model.
Once the bid is approved by Council, the purchase and delivery of the needed equipment is expected
for November 2023. Consistent with other lease purchase acquisitions, Council approves the lease
purchase in the first year of the budget which allows the City to enter into contract authority with the
leasing agency and allows departments to follow procurement processes. The first lease payments
are usually budgeted a year following when equipment is expected to be delivered or built.
The purchase of the MSA G1 SCBA would put us in line with our neighboring fire departments (Clovis
and Fresno County)who have already migrated to the new SCBA model.Having the same
equipment as our neighbors increases fireground interoperability and supports operational area
policy of rescuing downed firefighters.
ENVIRONMENTAL FINDINGS
This item is not a project as defined by CEQA.
LOCAL PREFERENCE
Local preference is applicable to this award, however no local businesses pursuant to FMC 4-108
submitted a bid.
FISCAL IMPACT
General Fund will be used to lease purchase the MSA-G1 SCBAs. Council has approved the 10-
year lease purchase in the FY 2023 Adopted Budget (pg. B-80). The first lease payment is
anticipated in FY 2024 and has been included in the FY 2024 Proposed Budget.
Attachment: Bid Evaluation 12302062
City of Fresno Printed on 6/2/2023Page 2 of 2
powered by Legistar™
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-916 Agenda Date:6/8/2023 Agenda #:
1.-E.
REPORT TO THE CITY COUNCIL
FROM:BRYON HORN, Chief Information Officer
Information Services Department
BY:SARAH BEYE, Division Manager | 311
Information Services Department
SUBJECT
Actions pertaining to the replacement of customer relationship management software (Bid File
12300269) (Citywide):
1. Award a contract to Incapsulate, LLC for the Customer Relationship Management
Replacement solution and implementation services in the amount of $395,723.80 for one year
with the option of four, five-year extensions.
2. Approve the purchase of Salesforce cloud subscription licenses from Carahsoft Technology
Corporation, at government approved pricing, in the amount of $610,343.91.
RECOMMENDATION
Staff recommends the City Council award a contract in the amount of $395,723.80 to Incapsulate,
LLC (Incapsulate) for implementation and hosting of customer relationship management software
which will replace the City’s current Accela/PublicStuff software (branded as FresGO); and approve
the purchase of Salesforce cloud subscription licensing from Carahsoft Technology Corporation, at
government approved pricing, in the amount of $610,343.91, for a total base year project amount of
$1,006,067.71 per Incapsulate’s proposed solution; and authorize the City Manager or designee to
execute the agreement.
EXECUTIVE SUMMARY
The City of Fresno (City) is seeking to award a proposal for training, implementation, and
replacement of the current Accela/PublicStuff software (branded as FresGO). Staff issued a Request
For Proposals (RFP) and received 11 responses (Accela/PublicStuff did not respond to the RFP).
After a comprehensive review of the proposals, evaluation by a selection panel and review of the
best qualified candidates for this project, staff recommends awarding Incapsulate. Incapsulate was
selected due to their credentials, experience with other municipalities and agencies, demonstration of
their understanding of our project needs, and the details of their plan to implement the project. The
total amount of the implementation for this project is $1,006,067.71, with the option of four, five-year
extensions. Subsequent years will include maintenance and support shown in the table below with a
City of Fresno Printed on 6/2/2023Page 1 of 3
powered by Legistar™
06/08/2023
MA/MK 6-0
TM ABSENT
APPROVED ON CONSENT
File #:ID 23-916 Agenda Date:6/8/2023 Agenda #:
1.-E.
extensions.Subsequent years will include maintenance and support shown in the table below with a
3.5% annual escalator.
Option Period Pricing (3.5%
Escalation per year)
Item Description Unit Incapsulate Carahsoft Total
1 Licensing/Subscription Costs
Option 1 - Year 1
per year $119,025.00 $512,680.95 $631,705.95
2 Licensing/Subscription Costs
Option 1 - Year 2
per year $123,190.88 $530,624.78 $653,815.65
3 Licensing/Subscription Costs
Option 1 - Year 3
per year $127,502.56 $549,196.65 $676,699.20
4 Licensing/Subscription Costs
Option 1 - Year 4
per year $131,965.15 $568,418.53 $700,383.68
5 Licensing/Subscription Costs
Option 1 - Year 5
per year $136,583.93 $588,313.18 $724,897.10
BACKGROUND
In 2015,the City launched FresGO,its CRM application that allowed a reporting system for issues
within the City arising from potholes,street issues,graffiti,illegal fireworks,and later homeless
issues.The program was branded FresGO,however,the software utilized by the program was called
PublicStuff.
In 2015,Accela acquired PublicStuff as an expansion to their citizen relationship management
software.Over the years,the City’s 311,and departments citywide,relied on PublicStuff to process
service requests and handle the backend workflow of those requests to the appropriate departments
for resolution.However,after years of promising enhancements,nothing transpired and,in turn,
Accela placed PublicStuff in a maintenance mode keeping the application running without further
enhancement.It became increasingly difficult to maintain and program PublicStuff as issues arose
with no recourse but to submit a case ticket to their customer support and wait for resolution.ISD felt
it was time to explore other options for CRM solutions.
On August 5,2022,staff issued an RFP to replace the current CRM and bid opening was held on
September 20,2022.The City received 11 responses;Accela did not respond to the RFP.After a
comprehensive review of the proposals,the panel chose four proposers for proof of capabilities
(POC)demonstrations.Those selected were Incapsulate,Granicus,Rock Solid,and Catalyst.The
evaluation committee consisted of members from 9 City departments.The panel reviewed the POC’s
for the best qualified candidates for this project and recommended awarding Incapsulate.Incapsulate
was selected due to their credentials,experience with other municipalities and agencies,
demonstration of their understanding of our project needs,and the details of their plan to implement
the project.The total amount of base year one for this project is $1,006,067.71,with the option of
four, five-year extensions.
City of Fresno Printed on 6/2/2023Page 2 of 3
powered by Legistar™
File #:ID 23-916 Agenda Date:6/8/2023 Agenda #:
1.-E.
ENVIRONMENTAL FINDINGS
By the definition provided in the California Environmental Quality Act (CEQA)Guidelines Section
15378 this item does not qualify as a “project” for purposes of the CEQA.
LOCAL PREFERENCE
Local preference was not implemented because there were no local bidders.
FISCAL IMPACT
Funds for this project are in the Information Services Department’s FY23 budget.
Attachments:
Service Contract
Carahsoft Quote
Cost Proposal
Committee Evaluation Report
City of Fresno Printed on 6/2/2023Page 3 of 3
powered by Legistar™
1
SERVICE CONTRACT
THIS CONTRACT is made and entered into by and between the CITY OF FRESNO, a
California municipal corporation (City), and INCAPSULATE LLC, a Limited Liability
Company (Contractor) as follows:
1. CONTRACT DOCUMENTS. The "Notice Inviting Proposals," "Instructions
to Proposers," "Proposal" and the "Specifications" including "General Conditions,"
"Special Conditions", “Federal Conditions”, “Functional Specifications” and “Technical
Requirements” for the following: CRM Replacement (Request for Proposals No.
12300269) copies of which are annexed hereto, together with all the documents
specifically referred to in said annexed documents, including the Performance Bond, if
required, are hereby incorporated into and made a part of this Contract, and shall be
known as the Contract Documents.
2. PRICE. For the monetary consideration of Three Hundred Ninety-Five
Thousand Seven Hundred Twenty-Three Dollars and Eighty Cents ($395,723.80), as set
forth in the Proposal, Contractor promises and agrees to perform or cause to be
performed, in a good and workmanlike manner, and to the satisfaction of City, and in strict
accordance with the Specifications, all of the work as set forth in the Contract Documents.
3. TERM. This Contract shall be effective on the day and year here below
written and shall continue in full force and effect through June 30, 2024, subject to any
earlier termination set forth in the Contract Documents. This Contract shall be for one
year with the option of four, five-year extensions.
4. PAYMENT. City accepts Contractor's Proposal as stated and agrees to pay
the consideration stated, at the times, in the amounts, and under the conditions specified
in the Contract Documents.
5. INDEMNIFICATION. To the furthest extent allowed by law, including
California Civil Code section 2782 (if applicable), Contractor shall indemnify, hold
harmless and defend City and each of its officers, officials, employees, agents and
volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages
(whether in contract, tort or strict liability, including, but not limited to personal injury, death
at any time and property damage) incurred by City, Contractor or any other person, and
from any and all claims, demands and actions in law or equity (including attorney's fees
and litigation expenses), that arise out of, pertain to, or relate to the negligence,
recklessness or willful misconduct of Contractor, its principals, officers, employees,
agents or volunteers in the performance of this Agreement.
If Contractor should subcontract all or any portion of the work to be performed
under this Contract, Contractor shall require each subcontractor to indemnify, hold
harmless and defend City and each of its officers, officials, employees, agents, and
volunteers in accordance with the terms of the preceding paragraph.
This section shall survive termination or expiration of this Contract.
[Signatures follow on the next page.]
2
IN WITNESS WHEREOF, the parties have executed this Contract on the day and
year here below written, of which the date of execution by City shall be subsequent to
that of Contractor's, and this Contract shall be binding and effective upon execution by
both parties.
CITY OF FRESNO, A California municipal corporation
By:
BRYON HORN,
Chief Information Officer
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By:
Date
Supervising Deputy City Attorney
ATTEST:
TODD STERMER, CMC
City Clerk
By:
Date
Deputy
INCAPSULATE LLC, a Limited Liability Company
By:
Name:
Title:
(If corporation or LLC., Board Chair,
Pres. or Vice Pres.)
By:
Name:
Title:
(If corporation or LLC., CFO,
Treasurer, Secretary or Assistant
Secretary)
REVIEWED BY:
Addresses:
CITY:
City of Fresno
Attention: BRYON HORN
Chief Information Officer
2600 Fresno Street, Room 1059
Fresno, CA 93721
Telephone: (559) 621-7101 E-Mail: Bryon.Horn@fresno.gov
CONTRACTOR:
INCAPSULATE LLC
Attention: Ajay Batishj
Chief Executive Officer
650 Massachusetts Avenue NW Ste 600
Washington DC 20036
Telephone: (888) 589-2571
E-Mail: (866) 890-4848
SALESFORCE.COM GOVERNMENT at CARAHSOFT
CARAHSOFT TECHNOLOGY CORP.
11493 SUNSET HILLS ROAD |SUITE 100 |RESTON,VIRGINIA 20190
PHONE (703)871-8500 |FAX (703)871-8505 |TOLL FREE (888)662-2724
www.carahsoft.com |sales@carahsoft.com
GOVERNMENT PRICE QUOTATION
PAGE 1 of 3
QUOTE DATE:
QUOTE NO:
05/09/2023
39012814CONFIDENTIAL
TO:Bryon Horn
Chief Information Officer
FRESNO
2600 Fresno St
Room 1059
Fresno,CA 93721 USA
Bryon.Horn@fresno.gov
(559)621-2489
EMAIL:
PHONE:
FROM:Bailey McCummings
Carahsoft Technology Corp.
11493 Sunset Hills Road
Suite 100
Reston,Virginia 20190
EMAIL:Bailey.McCummings@Carahsoft.com
PHONE:(571)662-3422 FAX:
TERMS:FTIN:52-2189693
Shipping Point:FOB Destination
Remit To:Same as Above
Payment Terms:Net 30 (On Approved Credit)
Cage Code:1P3C5
DUNS No:088365767
UEI:DT8KJHZXVJH5
Credit Cards:VISA/MasterCard/AMEX
Sales Tax May Apply
QUOTE NO:39012814
$495,343.91TOTALQUOTE:
QUOTE DATE:05/09/2023
QUOTE EXPIRES:
RFQ NO:
SHIPPING:
TOTAL PRICE:
ESD
$495,343.91
06/08/2023
LINE NO.PART NO.DESCRIPTION -QUOTE PRICE QTY EXTENDED PRICE
121-0225 Heroku -1 Dyno Unit
(Per Month)
Salesforce.com,Inc.-121-0225
Start Date:06/12/2023
End Date:06/11/2024
$351.9936 5 $1,759.971OM
121-0218 Salesforce Shield 30%Net Price
Salesforce.com,Inc.-121-0218
Start Date:06/12/2023
End Date:06/11/2024
$79,123.96 1 $79,123.962OM
121-0175 Government Cloud Plus 15%Net Price
Salesforce.com,Inc.-121-0175
Start Date:06/12/2023
End Date:06/11/2024
$37,679.98 1 $37,679.983OM
121-0130 Customer Community -Logins
Unlimited Edition
Salesforce.com,Inc.-121-0130
Start Date:06/12/2023
End Date:06/11/2024
$11.90 200 $2,380.004OM
121-0093 Service Cloud Unlimited Edition
Salesforce.com,Inc.-121-0093
Start Date:06/12/2023
End Date:06/11/2024
$960.00 390 $374,400.005OM
$495,343.91SUBTOTAL:
TOTAL PRICE:
TOTAL QUOTE:$495,343.91
$495,343.91
GOVERNMENT PRICE QUOTATION
LINE NO.PART NO.DESCRIPTION -QUOTE PRICE QTY EXTENDED PRICE
CARAHSOFT TECHNOLOGY CORP.
11493 SUNSET HILLS ROAD |SUITE 100 |RESTON,VIRGINIA 20190
PHONE (703)871-8500 |FAX (703)871-8505 |TOLL FREE (888)662-2724
www.carahsoft.com |sales@carahsoft.com
SALESFORCE.COM GOVERNMENT at CARAHSOFT
PAGE 2 of 3
QUOTE DATE:
QUOTE NO:
05/09/2023
39012814CONFIDENTIAL
*Must reference Carahsoft Quote #39012814 on Purchase Order*
-------------------------------------
Quote Special Terms
Service Cloud -Unlimited Edition subscriptions ordered hereunder at pricing of $80/User/Month are Restricted Use Subscriptions,and
shall be subject to the following restriction(s):Restricted Use Subscriptions shall (1)only be provisioned to City of Fresno 311;(2)not be
transferred to another Org;(3)not include any of the following functionality(ies)(by tab,as applicable):Leads,Opportunities,Assets,
Campaigns,Products &Price Books;(4)be used only for the following purpose(s):supporting 311 activities or cases for the call center(s)
and agencies that provides for a single point in entry/inquiry for citizen interaction with the Customer 6)be used only by the following
type(s)of Users:311 Customer Service employees and City employees that are responding to a case from the 311 system.These
restrictions shall be cumulative and shall apply to all Restricted Use Subscriptions purchased under this Order Form.Customer must
strictly segregate all Restricted Use Subscriptions from any full-featured subscriptions it may hold by setting up and enforcing a unique
profile in the Service associated with such Restricted Use Subscriptions.Customer understands that the above functionality limitations
are contractual in nature (i.e.,the functionality itself has not been disabled as a technical matter in the Service)and therefore agrees to
strictly monitor its Users'use of such Restricted Use Subscriptions and enforce the applicable restrictions.Salesforce.com may audit
Customer's use of Restricted Use Subscriptions at any time through the Service.Should any audit reveal any unauthorized use of
Restricted Use Subscriptions,Customer agrees it will pay,within thirty (30)days of notice of the audit results,the difference between
the contract price for Restricted Use Subscriptions and the list price for full subscriptions of the above-named product,for all of the
Restricted Use Subscriptions showing unauthorized use (taken as a group),beginning with the date of the first violation through the end
of the then current subscription term.Upon such payment,all such Restricted Use Subscriptions showing unauthorized use will be
converted into full subscriptions for the remainder of the then current subscription term.
Only Services on this Order Form that are identified by SKU in the Government Cloud Plus Products list available at
https://www.salesforce.com/company/legal/agreements/,as updated from time to time,are Government Cloud Plus Products.All
other Services are non-Government Cloud Plus products.The Government Cloud Available Products and Features Knowledge Article
available at https://help.salesforce.com/articleView?id=000321821&type=1&mode=1 (“Knowledge Article”)identifies “Interoperable
(but not authorized)”products and features which are compatible with Government Cloud Plus Products,in the manner as described in
the Documentation.Customer has sole responsibility,prior to using new products or features with Government Cloud Plus Products,to
determine if such products or features are within the Government Cloud Plus authorization boundary,as described in the Knowledge
Article,and for maintaining the settings in its Salesforce Government Cloud Plus Org for the Org to remain compliant with the
Government Cloud Plus authorizations.Salesforce provides customers with a Configuration User Guide available at
https://publicsector-compliance-us.my.salesforce.com/to assist with the setup and configuration process.“Org”means a unique
instance of the Services,i.e.,a separate set of Customer Data and Customer-specific Service customizations held by SFDC in a logically
separated database (i.e.,a database segregated through password-controlled access).Customer acknowledges that the “Interoperable
(but not authorized)"products and features,as well as any Non-SFDC Applications that interoperate with the Customer’s Salesforce
Government Cloud Plus Org,fall outside of the Government Cloud Plus authorization boundary.In light of the foregoing,Customer
understands and agrees that its Customer Data will be shared with "Interoperable (but not yet authorized)"products and features and
Non-SFDC Applications that interoperate with its Salesforce Government Cloud Plus Org.
Any increase in subscription pricing (excluding support and resource-based Services)for the first renewal term will not exceed 5%over
the then-current subscription pricing,provided that (a)Customer renews its entire then-current subscription volume under this Order
Form combined with any associated add-on Order Forms,and (b)the first renewal term is the same duration as the Order Term of this
Order Form or one year (whichever is longer).Thereafter,any increase in subscription and support pricing will be in accordance with
SFDC's pricing and policies in effect at the time of the renewal or as otherwise agreed to by the parties.
---------------------------
Product Special Terms
Heroku -1 Dyno
Each Heroku -1 Dyno Unit (Per Month)subscription includes 750 Dyno hours per month.Customer understands that the above
limitation is contractual in nature (i.e.,this limitation is not enforced in the Services as a technical matter)and therefore agrees to
strictly review its Users'use of such subscriptions and enforce such limitation.SFDC may review Customer's use of such subscriptions at
any time through the Services.If in any calendar month,Customer exceeds its permitted number of Dyno hours,SFDC reserves the right
to charge Customer list price for as many additional Heroku -1 Dyno Unit (Per Month)needed to cover all Dyno hours consumed in
excess of the permitted number of Dyno hours.Such additional fees will be charged to Customer monthly in arrears via the billing or
payment method specified above.
Government Cloud Plus
The Government Cloud Plus subscription:(i)provides an isolated infrastructure for hosting authorized Salesforce Services,with
additional controls specifically for US government customers and US government contractors,as further described in the Trust and
Compliance Documentation (available at https://www.salesforce.com/company/legal/trust-and-compliance-documentation/);and (ii)
amends and supplements the Premier Success Plan (available at https://sfdc.co/bDsV6q)for Services available on the Government
Cloud Plus infrastructure as set forth below.The terms in the Premier Success Plan shall apply,except as otherwise set forth herein.For
the purposes of this Product Special Term,“Qualified US Citizens”are individuals who:(1)are United States citizens;(2)are physically
located within the United States while providing Premier Support Services;and (3)have completed a background check as a condition of
their employment with Salesforce.Submitting a Case:Users can submit support cases as described in the Premier Success Plan.Cases
submitted via the Help portal will automatically be routed to Qualified US Citizens.Cases submitted outside of the Help portal (e.g.via
telephone or chat,when available)will not be responded to by Qualified US Citizens.These individuals will route cases to a team of
Qualified US Citizens and will access the following information about Users in order to route the calls to Qualified US Citizens:first and
GOVERNMENT PRICE QUOTATION
LINE NO.PART NO.DESCRIPTION -QUOTE PRICE QTY EXTENDED PRICE
CARAHSOFT TECHNOLOGY CORP.
11493 SUNSET HILLS ROAD |SUITE 100 |RESTON,VIRGINIA 20190
PHONE (703)871-8500 |FAX (703)871-8505 |TOLL FREE (888)662-2724
www.carahsoft.com |sales@carahsoft.com
SALESFORCE.COM GOVERNMENT at CARAHSOFT
PAGE 3 of 3
QUOTE DATE:
QUOTE NO:
05/09/2023
39012814CONFIDENTIAL
last name,email address,username,phone number,and physical business address.All support is provided in English only.All personnel
engaged outside of the Help portal,including those in customer success roles or providing customer success services (e.g.Expert
Coaching,Expert Office Hours),will not be Qualified US Citizens and will only have access to Customer Data if Customer provides such
personnel a User ID or otherwise enables the sharing of Customer Data with such personnel.
Salesforce Shield
In order to use the Einstein Data Detect and Code Spec features,Customer’s system administrator must first install the managed
package available at:https://sfdc.co/install-datadetect.
------------------------------------------------------------------
Customer must reference Quote number and Contract #on Purchase Order.
Should Customer purchase via Reseller all terms of Carahsoft Quote must be incorporated in Reseller quote and Customer Purchase
Order to Reseller.
Any increase in subscription pricing (excluding support and resource-based Services)for the first renewal term will not exceed 5%over
the then-current subscription pricing,provided that (a)Customer renews its entire then-current subscription volume under this Order
Form combined with any associated add-on Order Forms,and (b)the first renewal term is the same duration as the Order Term of this
Order Form or one year (whichever is longer).Thereafter,any increase in subscription and support pricing will be in accordance with
SFDC's pricing and policies in effect at the time of the renewal or as otherwise agreed to by the parties
Licensee agrees that any order for Salesforce Services will be governed by the terms and conditions of the Carahsoft Salesforce Service
Terms,copies of which are found at https://carah.io/SFDC-TOU and all Schedules and Documentation referenced by the Terms are
made a part hereof.The parties agree that any term or condition stated in a Customer purchase order or in any other Customer order
documentation (excluding Quotes)is void.In the event of any conflict or inconsistency among the following documents,the order of
precedence shall be:(1)the applicable Quotes (and their Contract Vehicle),(2)the TOU,and (3)the Documentation.Licensee
acknowledges it has had the opportunity to review the Terms,prior to executing an order.
Product Terms Directory:http://carah.io/Product-Terms-Directory
Help &Training:http://carah.io/Help
Government Cloud Plus:http://www.carahsoft.com/government-cloud-terms
A list of currently available FedRAMP/IL4 Authorized Salesforce products can be found here:
https://help.salesforce.com/articleView?id=000270080&language=en_US&type=1
2.0 Incapsulate Cost Proposal
2.1 Base Period Pricing
Item Description Unit Cost Notes
1 Installation/Implementation 1 $395,723.80 fixed price costs for
implementation tasks
2 Training 1 $0.00 Included in Implementation
3 Licensing/Subscription Costs Year 1 1 yr $610,343.91
Includes Capsule Subscription,
Basic Support,390 internal
Service Cloud Users and 250
Mobile Worker Users.See
attached license quote for Details.
The Total Amount of Proposal is $1,006,067.71.
The above amount shall include any and all applicable taxes.
Estimated Annual Subscription and Support Detail
Subscription purchased from Incapsulate Cost
CRM Capsule -All Departments +250 Mobile Worker App Users $85,000.00
Managed Services Basic support $30,000.00
Incapsulate Total Year 1 Costs $115,000.00
Subscription purchased from Carahsoft Cost
Service Cloud Unlimited Edition 390 users $374,400.00
Gov Cloud Plus 15%Net Price $37,679.98
Customer Community Logins 200 per month $2,380.00
Shield $79,123.96
Heroku -5 Dyno Units $1,759.97
Carahsoft (Salesforce)Total Year 1 Costs $495,343.91
Annual Subscription Detail Total -Year 1 Costs $610,343.91
650 Massachusetts Avenue NW Washington,DC 20001 1 of 7
Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.
2.2 Option Period Pricing (3.5%Escalation per Year)
Item Description Unit Incapsulate Carahsoft Total
1 Licensing/Subscription Costs
Option 1 -Year 1 per year $119,025.00 $512,680.95 $631,705.95
2 Licensing/Subscription Costs
Option 1 -Year 2 per year $123,190.88 $530,624.78 $653,815.65
3 Licensing/Subscription Costs
Option 1 -Year 3 per year $127,502.56 $549,196.65 $676,699.20
4 Licensing/Subscription Costs
Option 1 -Year 4 per year $131,965.15 $568,418.53 $700,383.68
5 Licensing/Subscription Costs
Option 1 -Year 5 per year $136,583.93 $588,313.18 $724,897.10
2.3 Assumptions
●This plan assumes out of the box 311 capsule implementation without any customizations
●The implementation plan assumes a fresh production org for 311 implementation
●The proposed plan assumes 4 sandboxes to be spun up.Implementation will follow the
standard route.Dev >QA >Production.
●The proposed plan assumes Incapsulate will configure 50 Service Request (SR)types,25
Knowledge Articles,10 Reports and 5 Dashboards in scope
●SR types above 50 will be configured and tested by the city admin team trained by
Incapsulate during the project.
●The proposed plan assumed that console,web portal,worker and citizen apps are in
scope
●AWS setup will be used for Mobile Worker APP
●Incapsulate assumes the City would procure and provide access to Google and Apple
Developer Accounts for Citizen App and Apple Enterprise Account for Worker iOS App.
●Incapsulate assumes Standard Salesforce Reporting Capabilities.No Custom Reports are
in scope.
●SSO is an option but is out of scope for this project.
●311Vision is a paid feature that is out of scope for this project,but can be added after
GoLive by the City as an example of how AI and machine learning can be used going
forward with the CRM Capsule and Salesforce.
●For SMS/Text Feature,Incapsulate assumes that a solution with Twilio/OneReach will be
covered on the product on R16 and hence it can be included in this implementation.If we
go with OneReach,Twilio will be out of scope and the client will have to take the OneReach
cost.
●Data Migration is considered only to load the contacts/users.No service requests will be
migrated.
●ADA Compliance -For now we have not considered Web 2.0 and Mobile 2.0 in scope.If
the release timeline for both matches the implementation timeline,we will include them else
we should take a route to upgrade web and mobile as managed service.
650 Massachusetts Avenue NW Washington,DC 20001 2 of 7
Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.
●Only consultation has been considered in scope for 3rd Party Integration.(Corrigo,Infor
and Accela).Incapsulate consultation hours are limited to 150 hours.
●CTI Integration -The City needs to procure an Appexchange CTI Connector such as
TenFold from Bucher-Suter or Similar.Pricing and approach for CTI can be confirmed
during the project.
●Chatbot is in Scope as outlined in the response
●Push Notification implementation is considered with Amazon Pinpoint service as that works
with our on 311 Capsule product.
●Subscription cost of Amazon Pinpoint applies to the Push Notification feature and would
need to be purchased separately by the City from Amazon.
●Salesforce licenses will be purchased from Carahsoft as quoted in section 2.5,not from
Incapsulate.
●Question 1:What type of ADA Compliance Versions that you follow?
●Response:Incapsulate’s 311 Capsule solution is native to Salesforce and we adopt
Salesforce ADA Compliance.
●For the most recent ADA Compliance see link -
https://www.salesforce.com/company/legal/508_accessibility/
●Salesforce Customer Service ACR -
https://www.salesforce.com/content/dam/web/en_us/www/documents/legal/508%20acce
ssibility/customer-service_acr_oct2021.pdf
●Experience Cloud –Aura (Desktop and Web Mobile)ACR -
https://www.salesforce.com/content/dam/web/en_us/www/documents/legal/experience-cl
oud-aura-acr-august2022.pdf
●Question 2:Have you done a VPAT (Voluntary Product Accessibility Template)?
●Response:See response above,the link above also includes the latest VPAT report
●Question 3:What are your SSO costs?
●Response:As part of the licenses purchased the Salesforce platform provides SSO
functionality without any additional cost.Incapsulate has already included the cost for
enabling and configuring SSO in the CRM Replacement Project.SSO will be enabled using
the City’s Active Directory.See screenshot below
650 Massachusetts Avenue NW Washington,DC 20001 3 of 7
Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.
2.4 Cost Form
650 Massachusetts Avenue NW Washington,DC 20001 4 of 7
Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.
2.5 Carahsoft Quote
650 Massachusetts Avenue NW Washington,DC 20001 5 of 7
Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.
650 Massachusetts Avenue NW Washington,DC 20001 6 of 7
Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.
650 Massachusetts Avenue NW Washington,DC 20001 7 of 7
Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.
Report Evaluation Committee
RFP No. 12300269
1
REPORT FROM EVALUATION COMMITTEE
REQUEST FOR PROPOSAL FOR
REQUIREMENTS CONTRACT FOR CRM REPLACEMENT
REQUEST FOR PROPOSAL NO. 12300269
May 10, 2023
COMMITTEE AND PROOF OF CAPABILITIES MEMBERS:
Bryon Horn, Information Services Department (Project lead)
Sarah Beye, Call Center/311 Manager, Information Services Department (Project Lead)
Gina Medina, Call Center/311 Supervisor, Information Services Department
Dennis Jones, Systems and Applications Manager, Information Services Department
Pedro Braz, Senior Programmer Analyst, Information Services Department
Sanjay Patteson, Database Administrator, Information Services
Ed Smith, GIS Manager, Information Services Department
Harjinder Saini, Community Coordinator, Office of the City Manager & Mayor
Brock Buche, Director, Department of Utilities
Scott Mozier, Director, Department of Public Works
Aaron Aguirre, Director, Parcs and Recreation Department
Brian Russell, Assistant Director, Public Works
Melissa Almaguer, Parking Manager, Planning & Development Department
Billy (Joseph) Burgen, Chief of Facilities Maintenance, Transportation Department
Bret Conner, Public Utilities Manager, Public Works
Ray Ramos, Custodial Supervisor, Transportation Department
Cha Thao, Custodial Supervisor, Transportation
Jill Aiello, Project Liaison/Program Administrator, Department of Public Works
TJ Miller, Assistant City Manager, Office of the City Manager & Mayor
FACILITATOR
JONATHAN MEDINA, DBE/Small Business Coordinator, Purchasing, Finance Department
BACKGROUND:
The goal of this Request for Proposal (RFP) was to solicit proposals from qualified vendors
to propose a replacement for the City’s Customer Relationship Management (CRM) software
known as PublicStuff. This software is end of life and end of support and has been serving the
public since 2015 branded as “FresGO.” The RFP is seeking a full service solution including
linking other applications that are being used by the City.
Report Evaluation Committee
RFP No. 12300269
2
The RFP was posted to Planet Bids site on August 5, 2022, and eleven proposals were
downloaded, opened and recorded on September 27, 2022. This proposal would be for a one
(1) year contract with the option for four (4) five (5) year extensions at the City’s discretion
based upon performance and adherence to contract requirements. From the initial list, four
proposers were selected for deeper review/proof of concept meetings.
SIGNIFICANT EVENTS
Bid Release – August 5, 2022
Bid Opening – September 27, 2022
Committee Kickoff Meeting – October 31, 2022
Proof of Capabilities Selection Committee Meeting – December 5, 2022
Vendors Selected for Proof of Capabilities
Day Time Vendor
1 Tuesday, Jan 17th 9:00 a.m. – 11:00 a.m. Catalyst
2 Friday, Jan 27th 1:00 p.m. – 3:00 p.m. Granicus
3 Tuesday, Jan 31st 8:00 a.m. – 10:00 a.m. Incapsulate
4 Thursday, Jan 26th 1:00 p.m. – 3:00 p.m. Rock Solid
Award Selection Committee Meeting – February 17, 2023
Committee Meeting Regarding Mass Closing and Geo-mapping – March 2, 2023
Meeting with Incapsulate to Discuss Software Licensing Details and Costs
EVALUATION FOR DETERMINATION OF COMPETITIVE RANGE
1. Cost – The reasonableness and competitiveness of the total price for services,
licensing, and implementation.
2. Ability to Meet the Stated Requirements – The vendors ability to meet the requirements
as described in Scope of Work contained in the RFP on pages 36 to 42.
3. Conformance to the Terms and Conditions of the RFP – Completeness of the response
and required forms in accordance with RFP instructions; exceptions or deviations from the
RFP requirements or any other relevant factors.
4. Future Growth and Expansion of the Proposal – Does the proposal fit the City’s needs
and can it grow with and expand as the City’s needs develop over time.
Report Evaluation Committee
RFP No. 12300269
3
5. Documentation of Proposed Project Plan Timeline – Ability to meet and adhere to
project timeline to complete the project on time and on budget.
6. Qualifications, Experience and References – Technical experience in performing the
same work with public agencies, strength and stability of the firm, and assessment by
references for providing similar project implementations in other public agencies.
COMMITTEE NOTES
Incapsulate – ($712,948.65)
Incapsulate solution is a programmed solution utilizing Salesforce. Salesforce is a data platform
that allows a data store, and this data store can be used for many purposes. Once the CRM
system is in place, customizations and add-ons can be implemented to perform other functions.
As to the solution Incapsulate proposed, it was chosen as one of the proposals in which the
team wanted to see demonstrations. It checked all the boxes and met all the criteria as it was
a robust solution that had the ability to perform similar functions as the City requires in a
pleasing presentation. It contained both web based and mobile functions as well as geofencing
– which is necessary for the City. The price tag for this solution is rather high, however, it is
because it is running over Salesforce which provides a great deal of flexibility allowing the City
to use the data and expand the City’s online presence. The Evaluation Team ranked this
solution as the best solution for the City’s needs.
Rock Solid – Cost Proposal ($139,280)
Rock Solid (now owned by Granicus) is a solution similar to PublicStuff in that it handles requests
via web and mobile devices. It also met all the City’s needs with the ability to log and track work
orders as well as report on City work orders, etc. It is a solution that is cost effective and would
meet the City’s needs. The solution is not expandable in that it is a programmed application by
the vendor and does not run over a flexible platform like Salesforce. The Evaluation Team ranked
this solution as the second best solution for the City’s needs.
Catalyst – ($704,124.85)
Catalyst is another solution that is programmed on the Salesforce platform. It also could be
used on the web or from a mobile application. While it met all the needs of the City, it was not
as robust as the other top two solutions. The Evaluation Team ranked this the third best solution
for the City.
Granicus – Cost Proposal ($204,100)
The Granicus solution is similar to PublicStuff in that it is a workorder system that has most of
the functionality for which the City desires. It is similar to the Rock Solid solution but does not
have the same robust features being offered by Rock Solid. It is also not written on a platform
which the City can expand upon. The Evaluation Team ranked this solution as the fourth best
solution for the City.
Report Evaluation Committee
RFP No. 12300269
4
RECOMMENDATION
After closely examining the licensing requirements of the City it was determined that the initial
proposed licenses would be too low for the City’s needs. This would also be true for any
Salesforce offerings that the City is considering. After the licensing adjustments, the City
determined that the amount needed to make this a success is $1,006,067.71. Even with the
licensing adjustments, the Committee unanimously agreed that Incapsulate would be the best
fit for the City’s needs and recommends that Council approve and award Incapsulate a one (1)
year contract with the option of four (4) five (5) year renewals.
As with any other enterprises system, licensing costs may change as a result of hiring new
personnel, adding current personnel to different roles and cost escalators (cost of living)
increase. This change may result in a decrease or increase in licensing costs depending upon
the situation.
City of Fresno,CA
Incapsulate 311 Solution Overview
May 2023
2 Incapsulate Confidential Information
Incapsulate provides Fast, Easy and Smart Solutions built on Salesforce
●We are a Top Tier Salesforce Implementation Partner in Public Sector
●Our Teams are focused on Implementing State and Local Government Solutions
●We have over 25 cities and counties currently using our 311 solution
●Our CSAT is 4.95 our to 5
Incapsulate | Company Overview
3 Incapsulate Confidential Information
FresGo 311| Making Citizen Engagement Fast. Easy. Smart.
The FresGo 311 is a 23 Week project and the implementation will include:
●Public facing Mobile App allowing residents to submit Service Requests (SRs)
●Streamlined 311 Agent Console to take SRs over the phone
●Omnichannel (Chatbot and Live Chat) with Notifications via Email and/or Text
●Mobile Worker allowing city workers to update/close SRs with before and after pictures
●Reports and Dashboards
●Training & Support
Agent/Department Consoles Mobile City Worker App Self-Service Web Portal & Mobile App
4 Incapsulate Confidential Information
311 Capsule | Intuitive Experience for Agents
Agent guidance and dynamic
recommendations
Intuitive information presented
as needed
Information and Services
blended for quick access to
the answers
5 Incapsulate Confidential Information
311 Capsule | Web and Mobile Self-Service Access for Citizens
Consistent user
experience for the citizen -
across all channels
Citizens can create a
Portal Account and online
presence
One configuration for all
channels
6 Incapsulate Confidential Information
311 Capsule | Dashboards and Reports
Dashboards show the big
picture of citizen engagement
Reports can provide Multiple
Views (neighborhood,
department, request type)
Dynamically updated using
live data
FresGo 311| Implementation Timeline
●Install CRM
Capsule and
Web Portal
●Review and Configure ESRI (Address
Validation & GIS)
●Review and Configure Initial Case
Types
Kickoff
& Install
Discover & Align
System Setup & Configure SRs
Review & Train
Deploy & GoLive
●SR Configuration Training to City Staff
●Salesforce Configuration (Roles, Profiles, Queues)
●Configure Specific Reports and Dashboards
●Final Data Migration & Staging
●Production Deployment
●Remote Train-the-trainer
○End User Training
○Admin Training
●User Acceptance
Wk 1 Wk 2 Wk 3 Wk 4 Wk 5 Wk 6 Wk 7 Wk 8 Wk 9 Wk 10 Wk 11 Wk 12 Wk 13 Wk 14 Wk 15 Wk 16 Wk 17 Wk 18 Wk 19 Wk 20 Wk 21 Wk 22 Wk 23
Program Management
●Weekly Activities
○Status Meetings and Updates
○Issue/Risk Log Management
○Sprint Planning Reporting
●Monthly Activities
○Steering Committee Meetings
○Issue Review with Executive Team
○Sprint Demos
●Quarterly Activities
○Joint Steering & Executive Project Meeting
○Executive Project Readout
○Functional Demos
Integration and Data Migration
●ESRI/GIS
●Open311 APi
●Data Migration Setup
●Data Migration Review & Test
Incapsulate Clients | Local Government
Corpus Christi 311Suffolk 311 Orange
County CRMDallas 311DC 311 Baltimore 311
Prince William
311
Prince George
311
Spokane 311
Indianapolis
Mayor’s Action
Center
Alexandria
311
Bellevue
CRM
Virginia Beach
311
Tampa CRM
Burleson 311 Philadelphia 311
San Bernardino County
Board of Supervisors
City of Nashville TN
hubNashville Citizen Services
9
Thank you!
www.Incapsulate.com
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-451 Agenda Date:6/8/2023 Agenda #:1.-F.
REPORT TO THE CITY COUNCIL
FROM:BROCK D. BUCHE, PE, PLS, Director
Department of Public Utilities
BY:RICK STAGGS, Assistant Director
Department of Public Utilities - Wastewater Management Division
ARTURO ALVAREZ, Wastewater Manager, Certified
Department of Public Utilities - Wastewater Management Division
SUBJECT
Actions pertaining to Golden Bell Products, Inc., (“Golden Bell”) as the Service Provider to purchase
Insecta Access Structure Coating (Citywide):
1. RESOLUTION - Adopt a resolution authorizing an exception to the formal bidding procedures
and award a Sole Source Purchasing Agreement with Golden Bell
2. Approve a multi-year sole source purchasing agreement with Golden Bell for the annual
purchase and Citywide application of Insecta cockroach pesticide in identified City sanitary
sewer access structures, in a total amount not to exceed $99,000 per year
3. Authorize the Director of Public Utilities, or designee, to execute a multi-year sole source
purchasing agreement with Golden Bell for the annual purchase and Citywide application of
Insecta cockroach pesticide in identified City sanitary sewer access structures, in a total amount
not to exceed $99,000 per year for the next four years, with provisions for three one-year
extensions.
RECOMMENDATION
Staff recommends City Council adopt the Resolution for a multi-year sole source purchasing
agreement with Golden Bell in the annual amount not to exceed $99,000 for the purchase and
application of Insecta over the next four years, with provisions for three one-year extensions
thereafter; approve a multi-year sole source purchase agreement with Golden Bell; and authorize the
Director of Public Utilities, or designee, to sign and execute all documents on behalf of the City of
Fresno (City).
EXECUTIVE SUMMARY
The Wastewater Management Division’s Collection System Maintenance (CSM) workgroup requests
City Council adopt the Resolution authorizing an exception to the formal bidding procedures and
award Sole Source Purchasing Agreement with Golden Bell and approve a multi-year sole source
agreement with Golden Bell for the annual purchase and application of Insecta, an insecticide used
City of Fresno Printed on 6/2/2023Page 1 of 3
powered by Legistar™
06/08/2023
MA/MK 6-0
TM ABSENT
R. 2023-173
APPROVED ON CONSENT
File #:ID 23-451 Agenda Date:6/8/2023 Agenda #:1.-F.
agreement with Golden Bell for the annual purchase and application of Insecta,an insecticide used
to target cockroach populations, in City-owned sanitary sewer access structures (“manholes”).
No other available products have been found to be as effective and for as long as Insecta,and
Golden Bell is the sole distributor authorized to sell and licensed to apply the product in the State of
California until the year 2030.Based on historical data,approximately 3,800 access structures are to
be treated every year at an estimated annual cost of $99,000.At this rate,each three-year cycle will
account for the treatment of approximately 50 percent of all City-owned sewer access structures
throughout the system.
BACKGROUND
The City is comprised of approximately 1,600 miles of sewer mainlines,24,720 sewer access
structures,and 145,000 residential,commercial,and industrial private service connections;
cockroaches use these service connections to access residential and business structures.The moist
and nutrient-rich environment of these sewer assets creates a utopia for cockroach populations.
Because of the cockroach’s ability to transmit bacteria and disease,in addition to frequent customer
service requests on the matter,abatement is a priority for CSM.Traditional methods for control are
not feasible due to reapplication duration and effectiveness;in seeking alternate options for
abatement,it was discovered that other insecticide options were not only less effective but required
more frequent reapplication, ranging from every 30 - 90 days.
Because traditional methods are not feasible,CSM recommends the continued use of Insecta,an
EPA-registered product that is sold and applied exclusively by Golden Bell.Insecta is an insecticide
that is impregnated into latex paint and sprayed onto the walls of the sewer access structures to
prevent the proliferation of cockroaches immediately and long-term.Insecta has proven to be an
effective means of cockroach abatement in sewer access structures through internal in situ testing
conducted over a three-year span, which CSM has found to be the demonstrated duration of efficacy.
The product is only available from Golden Bell,as they are the sole distributor with the application
rights and the required licensing to apply the Insecta product in the State of California until the year
2030.CSM has attempted to locate other vendors,however no other vendors are permitted to apply
this product in the State of California (per the sole source justification letters from both the Supplier
and the Manufacturer),and there are no comparable products available on the market able to meet
the City’s needs.
The current combined cost of the product and its application is $26.00 per sewer access structure.
CSM’s cockroach control Program,in place since Fiscal Year 2013,targets approximately 3,800
access structures per year at the current cost of $99,000 annually.At this rate,the Program will have
treated approximately 50% of the City sewer access structures every three-year cycle.
This multi-year sole source purchasing agreement covers a four-year allowance with Golden Bell,
with provisions for three one-year extensions thereafter.Annual funding for this work comes from the
CSM Operations and Maintenance budget;future purchases under this resolution will be included in
future CSM fiscal year budgets.
City Attorney has reviewed the agreement and approved as to form.
City of Fresno Printed on 6/2/2023Page 2 of 3
powered by Legistar™
File #:ID 23-451 Agenda Date:6/8/2023 Agenda #:1.-F.
ENVIRONMENTAL FINDINGS
Pursuant to California Environmental Quality Act (CEQA)Guidelines Section 15378,this item is not a
project for the purposes of CEQA.
LOCAL PREFERENCE
Local preference was not implemented because the memorandum is a sole source agreement.
FISCAL IMPACT
There is no impact to the General Fund.Work done by Golden Bell occurs Citywide.Appropriations
for this work are included in the Fiscal Year 2023 Collection System Maintenance Operations and
Maintenance Budget within the Sewer Enterprise Fund (40501);future annual purchases will be
included in future fiscal year budgets.This is a four-year sole source purchasing agreement with
provisions for three one-year extensions thereafter.
Attachments:
Attachment 1 - Sole Source Resolution
Attachment 2 - Sole Source Memorandum
Attachment 3 - Product and Service Agreement
City of Fresno Printed on 6/2/2023Page 3 of 3
powered by Legistar™
City of
~B~~~-~\ I I<::_
rn ■ --1~~~~
DEPARTMENT OF PUBLIC UTILITIES
MEMORANDUM
DATE:
TO :
FROM:
BY:
May 3 , 2023
GEORGEANNE A. WHITE , City Manager
City Manager's Office
BROCK D. BUCHE, PE, PLS , Director (js{j)fS
Department of Public Utilities
ART ALVAREZ, Wastewater Manager, Certified -:~ Ji
Department of Public Utilities -Wastewater Management Division
SUBJECT: AUTHORIZE SOLE SOURCE -GOLDEN BELL PRODUCTS, INC.;
INSECTA (COCKROACH CONTROL)
The purpose of this memorandum is to request City Manager approval for sole source
authorization to contract with Golden Bell Products, Inc., ("Golden Bell") for the annual
purchase and application of lnsecta pesticide in City sewer access structures.
The City is comprised of approximately 1,600 miles of sewer mainlines, 24,720 sewer
access structures, and 145,000 residential, commercial, and industrial service
connections; cockroaches use service connections to access residential and business
structures. The moist and nutrient-rich environment of these sewer assets creates a
utopia for cockroach populations. Because of the cockroach's ability to transmit disease
and bacteria, in addition to frequent customer service requests on the matter, abatement
is a priority for Collection System Maintenance (CSM). Traditional methods for control are
not feasible due to reapplication duration and effectiveness. In seeking alternate options
for abatement, it was discovered that other insecticide options were less effective and
required more frequent reapplication , ranging from every 30-90 days .
Because traditional methods are not feasible, CSM recommends the continued use of
lnsecta, an EPA-registered product that is sold and applied exclusively by Golden Bell.
lnsecta is an insecticide that is impregnated into latex paint and sprayed onto the walls of
the sewer access structures to prevent the proliferation of cockroaches immediately and
long-term . lnsecta has proven to be an effective means of cockroach abatement in sewer
access structures through internal in situ testing conducted over a three-year span, which
is CSM 's demonstrated duration of efficacy.
May 3, 2023
Page 2 of 4
The product is only available from Golden Bell, as they are the sole distributor with the
application rights and the required licensing to apply the lnsecta product. CSM has
attempted to locate other vendors, however no other vendors are allowed to apply this
product in the State of California (per the sole source letters from both the supplier and
manufacturer, pages 3 and 4, respectively); and there are no comparable products
available on the market able to meet the City's needs. The current combined cost of the
product and its application is $26.00 per sewer access structure. CSM's cockroach control
Program, in place since Fiscal Year 2013, targets approximately 4,000 access structures
per year at the current cost of $99,000 annually . At this rate, CSM will have treated
approximately 50% of the City's sewer access structures every three-year cycle. This
multi-year sole source purchase agreement covers a four-year allowance with Golden
Bell, with provisions for three one-year extensions thereafter.
If you have any questions or require any additional information, please do not hesitate to
contact Art Alvarez at 559-621-1270.
__ Approved Denied --
Georgeanne A White, City Manager Date
Attachment -Sole Source Justification
c: Rick Staggs, Assistant Director
X
5/4/23
May 3, 2023
Page 3 of 4
Gf f N PRODUCTS, JNC.
I
Attachment
952 N Batavia Street Orange, CA 92867-PHONE (714) 363-3985 FAX (714) 997-4807
www .golden bell products.com
Sole Source Justification
Within the State of California Golden Bell Products has the sole source right
for the application and distribution of Insecta. Golden Bell Products has
provided the service and product that is used in sewer manholes for the
control of cockroaches since October of 1998, when the first test area was
treated in the State of California.
Insecta is the only registered product of its type and active ingredient
labeled for use in sewer manholes. The product is a formulated product,
which is produced in an EPA approved establishment. The product comes
ready to use and since it is a polymerized product there is no field mixing
required, (which is not the case with any additive type of product). Insecta
has been tested and applied by Orange County Sanitation Districts and has
proven to be effective standing up to the eighteen-month guarantee
provided by Golden Bell and the product manufacturer.
Additionally, this product is used and approved by Los Angeles County
Sanitation District and approximately 60 other cities and agencies within
the state of California.
Over the past 23 years Golden Bell Products has provided this service with
minimal price increases. Finally, Golden Bell Products is a local vendor that
holds the correct licensing for application of pesticides in sewer manholes.
Golden Bell Products is licensed by the California Agricultural Department
of Pesticide Regulation. Holding a QAL license with the required categories
A, C and Nanda Pest Control Business License. Golden Bell carries and
maintains all current registrations with all the County Agricultural
Commissioners in each of the counties they apply the Insecta pesticide in.
May 3, 2023
Page 4 of 4
The accompanying letter from the manufacturer of lnsecta shows Golden Bell as the sole
source for the application and distribution of lnsecta in the State of California.
JABco
Jim Lawrence
President
288 Centennial Park Drive
Daytona Beach, FL 32124
March 8, 2021
To Whom It May Concern:
Toll Free : (888) 781-6955
Cell : 727-365-6995
I, Jim Lawrence, President of JABco, the manufacturing company for lnsecta, EPA registration
number 45600-1, have granted Golden Bell Products the sole distribution and application rights
within the State of California. Golden Bell Products has proven its expert\se in selling and
applying lnsecta 45600-1 since 1997 and will maintain the sole source to lnsecta until the year
2030.
Any California company that would use lnsecta or lnsecta Liquid is required to purchase
the material from Golden Bell Products. If any bids were received indicating otherwise,
the bidding company is misrepresenting itself. All lnsecta 45600-1 product used for
manhole cockroach control in sewer manholes is sold through Golden Bell Products.
Sincerely
im Lawrence
President
ALL-B GSP Agt Not to Exceed (12-2022)
-1-
PRODUCT AND SERVICE AGREEMENT
CITY OF FRESNO, CALIFORNIA
THIS AGREEMENT (Agreement) is made and entered into, effective on __________,
by and between the CITY OF FRESNO, a California municipal corporation (City),
and Golden Bell Products, Inc. (Service Provider).
RECITALS
WHEREAS, City desires to enter into a product and service agreement with Service
Provider to purchase Insecta Access Structure (Manhole) Coating services for the
treatment and prevention of cockroach infestations (Project); and
WHEREAS, Service Provider is engaged in the business of furnishing such services as
a municipal chemical provider and hereby represents that it desires to and is
professionally and legally capable of performing the services called for by this Agreement;
and
WHEREAS, Service Provider acknowledges that this Agreement is subject to the
requirements of Fresno Municipal Code Section 4-107; and
WHEREAS, this Agreement will be administered for the City by its Collection System
Maintenance Wastewater Manager, (Administrator) or designee.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and of the covenants, conditions,
and premises hereinafter contained to be kept and performed by the respective parties,
it is mutually agreed as follows:
1. Products. Service Provider hereby agrees to sell and deliver to City, and City
hereby agrees to purchase and accept from Service Provider, the product listed in
EXHIBIT A.
2. Scope of Services. Service Provider shall perform to the satisfaction of City the
services described in Exhibit A, including all work incidental to, or necessary to
perform, such services even though not specifically described in Exhibit A.
3. Term of Agreement and Time for Performance. This Agreement shall be effective
from the date first set forth above (Effective Date) and shall continue in full force
and effect for an initial term running through June 30, 2027. Thereafter, if mutually
agreed upon, the parties have the option to extend this agreement in one-year
increments, for up to three additional years; subject to any earlier termination in
accordance with this Agreement. Any extension must be provided in writing. 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.
4. Compensation.
(a) Service Provider’s sole compensation for satisfactory performance of all
services required or rendered pursuant to this Agreement and shall not
exceed $99,000, paid on the basis of the rates set forth in the schedule of
DocuSign Envelope ID: DF9B1A8E-9945-4481-BB1B-EFECC627533A
ALL-B GSP Agt Not to Exceed (12-2022)
-2-
fees and expenses contained in Exhibit A. Such fee includes all expenses
incurred by Service Provider in performance of the services.
(b) Detailed statements shall be rendered monthly for services performed in the
preceding month 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.
5. 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.
(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
DocuSign Envelope ID: DF9B1A8E-9945-4481-BB1B-EFECC627533A
ALL-B GSP Agt Not to Exceed (12-2022)
-3-
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.
6. Confidential Information and Ownership of Documents.
(a) Any reports, information, or other data prepared or assembled by Service
Provider pursuant to this Agreement shall not be made available to any
individual or organization by Service Provider without the prior written
approval of the Administrator. During the term of this Agreement, and
thereafter, Service Provider shall not, without the prior written consent of
City, disclose to anyone any Confidential Information. The term Confidential
Information for the purposes of this Agreement shall include all proprietary
and confidential information of City, including but not limited to business
plans, marketing plans, financial information, materials, compilations,
documents, instruments, models, source or object codes and other
information disclosed or submitted, orally, in 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 6.
(d) This Section 6 shall survive expiration or termination of this Agreement.
7. 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
DocuSign Envelope ID: DF9B1A8E-9945-4481-BB1B-EFECC627533A
ALL-B GSP Agt Not to Exceed (12-2022)
-4-
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.
8. 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.
9. Insurance.
(a) Throughout the life of this Agreement, Service Provider shall pay for and
maintain in full force and effect all insurance as required in Exhibit B, which
is incorporated into and part of this Agreement, with an insurance
company(ies) either (i) admitted by the 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
DocuSign Envelope ID: DF9B1A8E-9945-4481-BB1B-EFECC627533A
ALL-B GSP Agt Not to Exceed (12-2022)
-5-
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
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.
10. 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
DocuSign Envelope ID: DF9B1A8E-9945-4481-BB1B-EFECC627533A
ALL-B GSP Agt Not to Exceed (12-2022)
-6-
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
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 10(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 10 in each subcontract
and require its subcontractors to comply therewith.
(g) This Section 10 shall survive expiration or termination of this Agreement.
11. 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.
DocuSign Envelope ID: DF9B1A8E-9945-4481-BB1B-EFECC627533A
ALL-B GSP Agt Not to Exceed (12-2022)
-7-
(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 (a) above and the ongoing maintenance thereof.
12. 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 12(b) shall survive expiration
or termination of this Agreement.
(c) Prior to execution of this Agreement by City, Service Provider shall have
provided evidence to City that Service Provider is licensed to perform the
services called for by this Agreement (or that no license is required). If
Service Provider should subcontract all or any portion of the work or
services to be performed under this Agreement, Service Provider shall
require each subcontractor to provide evidence to City that subcontractor is
licensed to perform the services called for by this Agreement (or that no
license is required) before beginning work.
13. 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
DocuSign Envelope ID: DF9B1A8E-9945-4481-BB1B-EFECC627533A
ALL-B GSP Agt Not to Exceed (12-2022)
-8-
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,
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 13.
14. 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
DocuSign Envelope ID: DF9B1A8E-9945-4481-BB1B-EFECC627533A
ALL-B GSP Agt Not to Exceed (12-2022)
-9-
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.
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. 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.
17. 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
DocuSign Envelope ID: DF9B1A8E-9945-4481-BB1B-EFECC627533A
ALL-B GSP Agt Not to Exceed (12-2022)
-10-
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.
18. 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.
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
DocuSign Envelope ID: DF9B1A8E-9945-4481-BB1B-EFECC627533A
ALL-B GSP Agt Not to Exceed (12-2022)
-11-
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. 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.
28. 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.
29. 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.
30. 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.]
DocuSign Envelope ID: DF9B1A8E-9945-4481-BB1B-EFECC627533A
ALL-B GSP Agt Not to Exceed (12-2022)
-12-
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:
Brock D. Buche, PE, PLS,
Director of Public Utilities
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
Addresses:
City:
City of Fresno
Attention: Art Alvarez, Wastewater
Manager, Certified
5607 W. Jensen Ave.
Fresno, CA 93706
Phone: (559) 621-1270
E-mail: art.alvarez@fresno.gov
Golden Bell Products, Inc.,
a California Corporation
By:
Name: Murrill G. Adams
Title: Owner, President
(If corporation or LLC., Board Chair,
Pres. Or Vice Pres.)
By:
Name: Michelle Webster-Holick
Title: Vice President, Secretary
(If corporation or LLC., CFO, Treasurer,
Secretary or Assistant Secretary)
Service Provider:
Golden Bell Products, Inc.
Attention: Michelle Webster-Holick
952 N. Batavia St.
Orange, CA 92867
Phone: (714) 363-3985
E-mail:
michellew@goldenbellproducts.com
Attachments:
1. Exhibit A - Scope of Services
2.Exhibit B - Insurance Requirements
3. Exhibit C - Conflict of Interest Disclosure Form
DocuSign Envelope ID: DF9B1A8E-9945-4481-BB1B-EFECC627533A
5/18/2023
5/19/2023
5/22/2023
Clerk Attesting
ALL-B GSP Agt Not to Exceed (12-2022)
Page 1 of 1
EXHIBIT A
SCOPE OF SERVICES
Service Agreement between City of Fresno
and Golden Bell Products, Inc.
Insecta Access Structure (Manhole) Coating
Golden Bell to apply Insecta cockroach pesticide to the interiors of approximately 3,800
identified sanitary sewer access structures in Fiscal Year 2023 as part of a three-year
cycle; upon completion of the cycle’s three phases, approximately half of all City-owned
sanitary sewer access structures will have been treated.
As has been done annually since 2013, Collection System Maintenance (CSM) will supply
Golden Bell with printed maps/lists of the identified access structures to be treated during
that phase. Upon completion of work, Golden Bell will return the provided maps/lists to
report the extent of access structures treated. Should any of the identified access
structures not have been treated in the current phase, due to budget constraints or
otherwise, CSM will work with Golden Bell to determine if said access structures will be
added to the next phase of the cycle.
DocuSign Envelope ID: DF9B1A8E-9945-4481-BB1B-EFECC627533A
ALL-B GSP Agt Not to Exceed (12-2022)
Page 1 of 4
EXHIBIT B
INSURANCE REQUIREMENTS
Service Agreement between City of Fresno (City)
and Golden Bell Products, Inc. (Service Provider)
Insecta Access Structure (Manhole) Coating
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
General Liability Coverage Form CG 00 01, providing liability coverage
DocuSign Envelope ID: DF9B1A8E-9945-4481-BB1B-EFECC627533A
ALL-B GSP Agt Not to Exceed (12-2022)
Page 2 of 4
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
DocuSign Envelope ID: DF9B1A8E-9945-4481-BB1B-EFECC627533A
ALL-B GSP Agt Not to Exceed (12-2022)
Page 3 of 4
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
DocuSign Envelope ID: DF9B1A8E-9945-4481-BB1B-EFECC627533A
ALL-B GSP Agt Not to Exceed (12-2022)
Page 4 of 4
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, employees, and volunteers. Any insurance or self-
insurance maintained by the City, its officers, officials, agents, employees,
and volunteers shall be excess of the Service Provider’s insurance and shall
not contribute with it.
(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
maintains insurance coverage at levels no less than those required by applicable law and
is customary in the relevant industry.
DocuSign Envelope ID: DF9B1A8E-9945-4481-BB1B-EFECC627533A
ALL-B GSP Agt Not to Exceed (12-2022)
Page 1 of 1
EXHIBIT C
DISCLOSURE OF CONFLICT OF INTEREST
Insecta Access Structure (“Manhole”) Coating
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
Michelle Webster-Holick
Name
Golden Bell Products, Inc.
Company
952 N. Batavia St.
Address
Additional page(s) attached. Orange, CA 92867
City, State, Zip
DocuSign Envelope ID: DF9B1A8E-9945-4481-BB1B-EFECC627533A
X
X
X
X
5/18/2023
X
n/a
X
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-851 Agenda Date:6/8/2023 Agenda #:
1.-G.
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
PETER A. MARACCINI, PE, PhD, Public Utilities Manager
Department of Public Utilities - Utilities Planning & Engineering
SUBJECT
Actions pertaining to a water connection to serve Three Palms Mobile Home Park (Council District 3)
1. Adopt a finding of Categorical Exemption pursuant to Section 15301/Class 1 of the California
Environmental Quality Act (CEQA) Guidelines;
2. ***RESOLUTION - Authorizing the Director of the Department of Public Utilities or designee to
accept funds and execute the financial assistance agreement and any amendments thereto with
the California State Water Resources Control Board on behalf of the City of Fresno for a water
connection to serve Three Palms Mobile Home Park. (Subject to Mayor’s Veto)
RECOMMENDATION
Staff recommends that City Council adopt a finding of Categorical Exemption pursuant to Section
15301/Class 1 of the California Environmental Quality Act (CEQA) Guidelines; approve a resolution
authorizing the Director of the Department of Public Utilities (DPU) or designee to execute the
financial assistance agreement and any amendments thereto with the State Water Resources Control
Board (SWRCB) on behalf of the City of Fresno (City) for a water connection to serve Three Palms
Mobile Home Park (MHP) (Project).
EXECUTIVE SUMMARY
The Three Palms MHP was issued a compliance order by the SWRCB for exceeding the 1,2,3-
Trichloropropane (1,2,3 TCP) maximum contaminant level (MCL) in its private groundwater well. To
come into compliance, Three Palms MHP desires to connect to the City’s drinking water distribution
system, the cost for which is eligible for 100 percent grant funding under the SWRCB’s Drinking
Water State Revolving Fund (DWSRF) program. The DWSRF program will also provide funds for a
contractor to perform any necessary onsite work at the Three Palms MHP and destroy the existing
private groundwater well. As onsite work is outside the purview of the City’s responsibilities, the
contractor’s work will not be managed or supervised by the City. DPU has submitted an application to
the SWRCB to fund the Project. The next step to be awarded funding for the Project is the adoption
City of Fresno Printed on 6/2/2023Page 1 of 3
powered by Legistar™
06/08/2023
MA/NE 6-0
TM ABSENT
R. 2023-174
APPROVED ON CONSENT
File #:ID 23-851 Agenda Date:6/8/2023 Agenda #:
1.-G.
the SWRCB to fund the Project.The next step to be awarded funding for the Project is the adoption
of this resolution that will authorize the Director of DPU to accept funds and execute the financial
assistance agreement on behalf of the City.
BACKGROUND
The SWRCB administers the DWSRF program,which finances infrastructure improvements to
mitigate drinking water risks and support the human right to water.The DWSRF’s Intended Use Plan
identifies financing programs that prioritize and assist disadvantaged communities (DACs)solve their
drinking water problems.
The Three Palms MHP community,qualifies as a DAC per SWRCB Division of Financial Assistance
criteria.The community of approximately 300 residents is located between North Golden State
Boulevard and the State Route 99,north of West McKinley Avenue and south of West Clinton
Avenue.The community is currently served by a single,private well and is not connected to the City’s
distribution system.
In March 2018,Three Palms MHP was issued a compliance order by the SWRCB for exceedance of
the 1,2,3-TCP MCL in the domestic well water.Concentrations of 1,2,3-TCP in domestic well water
samples collected between February 2018 and November 2020 have been 9 to 24 times greater than
the MCL allowed in drinking water,representing a persistent health risk to Three Palms MHP
residents.Connection to the City’s water supply would mitigate the health risk to Three Palms MHP
residents. A City main is located adjacent to the Three Palms MHP.
The Project will be funded by the SWRCB’s DWSRF program.On April 28,2021,the Fresno City
Council approved Resolution 2021-110 authorizing DPU to submit a financial assistance agreement
application to the SWRCB for a water connection to Three Palms MHP.The City subsequently
submitted a grant application in the amount of $344,696.
Resolution No.2021-110 also authorized the DPU Director,or designee(s)to represent the City in
carrying out the City's responsibilities under the financing agreements,including certifying
disbursement requests on behalf of the City and compliance with applicable state and federal laws.
Prior to any potential award,the SWRCB requires that the governing body of the applicant submit a
resolution that authorizes the Director of Public Utilities to accept funds and sign on behalf of the City
to execute the financial assistance agreement and any amendments so that an award can be made.
DPU has been working with SWRCB staff to prepare for the acceptance of the award.DPU is now
requesting that City Council authorize the Director of DPU to accept funds and execute the financial
assistance agreement for funding this Project.As the City is essentially at the close of the current
fiscal year,DPU will return to City Council in Fiscal Year 2024 (FY 2024)with an amendment to the
Annual Appropriation Resolution to permit expenditure of funds.
ENVIRONMENTAL FINDINGS
Staff have performed an environmental assessment for this project in accordance with the
requirements of the CEQA Guidelines and have determined it is consistent with Categorical
Exemption Section 15301/Class 1,Existing Facilities.The Project involves the consolidation of the
Three Palms Mobile Home Park’s water system with the City of Fresno’s water system accomplished
City of Fresno Printed on 6/2/2023Page 2 of 3
powered by Legistar™
File #:ID 23-851 Agenda Date:6/8/2023 Agenda #:
1.-G.
Three Palms Mobile Home Park’s water system with the City of Fresno’s water system accomplished
through minor alterations to the Three Palms Mobile Home Parks existing water distribution system
and the City of Fresno’s existing infrastructure.These minor alterations represent a negligible
expansion in use of the impacted facilities.Furthermore,none of the exceptions to the exemption
apply.
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 Project has no impact on the General Fund.No matching funds are required under this financial
assistance agreement.DPU will return to City Council in FY 2024 with an amendment to the Annual
Appropriation Resolution to permit expenditure of funds.
Attachments:
Attachment 1 - Notice of Exemption
Attachment 2 - Environmental Assessment
Attachment 3 - Resolution
Attachment 4 - Application Three Palms MHP
Attachment 5 - Vicinity Map
City of Fresno Printed on 6/2/2023Page 3 of 3
powered by Legistar™
Statutory Exemptions. State code number:
_______________________________________________
Print Form
Notice of Exemption Appendix E
From: (Public Agency): ____________________________To: Office of Planning and Research
P.O. Box 3044, Room 113 _______________________________________________Sacramento, CA 95812-3044
County Clerk
(Address)
___________________________
___________________________
County of: __________________
Project Title: ____________________________________________________________________________
Project Applicant: ________________________________________________________________________
Project Location - Specific:
Project Location - City: ______________________ Project Location - County:
Description of Nature, Purpose and Beneficiaries of Project:
_____________________
Name of Public Agency Approving Project: _____________________________________________________
Name of Person or Agency Carrying Out Project: ________________________________________________
Exempt Status: (check one):
Ministerial (Sec. 21080(b)(1); 15268);
Declared Emergency (Sec. 21080(b)(3); 15269(a));
Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
Reasons why project is exempt:
Lead Agency
Contact Person: ____________________________ Area Code/Telephone/Extension: _______________
If filed by applicant: 1.Attach certified document of exemption finding.
2.Has a Notice of Exemption been filed by the public agency approving the project? Yes No
Signature: ____________________________ Date:
Signed by Lead Agency Signed by Applicant
Authority cited: Sections 21083 and 21110, Public Resources Code. Date Received for filing at OPR:
Reference: Sections 21108, 21152, and 21152.1, Public Resources Code.
_______________
Categorical Exemption. State type and section number: ____________________________________
______________________________________________
______________ Title: _______________________
Revised 2011
CITY OF FRESNO
CATEGORICAL EXEMPTION
ENVIRONMENTAL ASSESSMENT
THE PROJECT DESCRIBED HEREIN IS DETEMINED TO BE CATEGORICALLY
EXEMPT FROM THE PREPARATION OF ENVIRONMENTAL DOCUMENTS
PURSUANT TO ARTICLE 19 OF THE STATE CEQA GUIDELINES.
CONTACT: Peter Maraccini, PE, PhD
City of Fresno – Department of Public Utilities
1626 E Street
Fresno, CA 93706
Phone: 559-621-1603
Email: Peter.Maraccini@Fresno.gov
PROJECT TITLE: Water Connection to Serve Three Palms Mobile Home
Park PROJECT LOCATIONS: 1941 N Golden State Blvd
Fresno, CA 93705
PROJECT DESCRIPTION: The Project entails the establishment of a service
connection (installation of a house branch) between an
existing City water main which is located in the right-of-
way and adjacent to the Three Palms Mobile Home Park
(Three Palms), minor onsite plumbing between Three
Palms existing distribution system and the new house
branch to connect the community to the City water
system, and destruction of an existing residential well
located within Three Palms.
The Project is exempt under Section 15301 of the California Environmental Quality
Act (CEQA) Guidelines.
Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or
minor alteration of existing public or private structures, facilities, mechanical equipment,
or topographical features, involving negligible or no expansion of existing or former use.
The key consideration is whether the project involves negligible or no expansion of use.
The Project involves the consolidation of the Three Palms Mobile Home Park’s water
system with the City of Fresno’s water system. This consolidation will be accomplished
through minor alterations to the Three Palms Mobile Home Parks existing water
distribution system and the City of Fresno’s existing infrastructure.
The City of Fresno will construct an approximately 100 ft long house branch across an
existing and developed roadway to connect an existing City water main to the property
line of the Three Palms Mobile Home Park. This work will occur within the existing right-
of-way and represents the originally intended use of the existing water main which is to
provide water service to all adjacent properties. When installed, the existing water main
was sized to serve all adjacent properties. The addition of a house branch connecting the
Three Palms Mobile Home Park to this main represents a negligible expansion of use.
In addition to constructing the house branch, the City will fund minor onsite plumbing, to
be performed by the property owner’s contractor, to establish a connection between the
existing distribution system and the newly installed house branch. It is estimated that the
length of connection needed will be approximately 100 ft, however the exact length will
be determined by the plumber during installation. As the existing onsite distribution
system extends over 2,000 linear ft, the additional length to connect the existing onsite
distribution system to the existing City distribution system would be minimal. No additional
onsite plumbing will be required. Following connection, users at the Three Palms Mobile
Home Park will become City customers and there will be no increase in water use by
Three Palms Mobile Home Park. With over 500,000 water users, the additional 300 water
users would represent a negligible expansion of use of the City of Fresno’s water system.
Lastly, the City will also fund destruction of the onsite well to complete connection to the
City’s water system. The property owners will first perform a video inspection of the
existing well and remove any debris seen in the well. Once cleared, the property owners
will have a contractor pour concrete into the well from bottom to top to effectively seal the
well. The filling of the existing well represents a physical change that will not extend
beyond the existing facility (i.e. well casing). Finally, the well destruction represents no
expansion in use of the well as it is necessary for the consolidation of the Three Homes
Mobile Home Park water system.
None of the exceptions to Categorical Exemptions set forth in the CEQA
Guidelines, Section 15300.2, apply:
(a) Location The Project is not located in a sensitive environment
or an environmental resource of hazardous or critical
concern as designated by federal, state, or local
agencies.
(b) Cumulative Impact The Project will not have a cumulative negative
impact over time that is significant. Connection to the
City water system is a routine practice.
(c) Significant Effect The Project will not have a significant effect on the
environment due to unusual circumstances.
Connection to the City water system is a routine
practice. Well destruction will prevent any potential
negative impact of poor-quality surface water
draining into the well and entering the groundwater
aquifer.
(d) Scenic Highways The Project will not result in damage to scenic
resources, including but not limited to, trees, historic
buildings, rock outcroppings, or similar resources,
within a highway officially designated as a state
scenic highway. The Project is not located near
scenic highways.
(e) Hazardous Waste Sites The Project is not located on a hazardous waste site
which is included on any list compiled pursuant to
Section 65962.5 of the Government Code.
(f) Historical Resources The Project will not cause a substantial adverse
change in the significance of a historical resource.
The Project is not located near historical resources.
As such, a Categorical Exemption has been prepared for the Project.
Date: May 12, 2023
Prepared by: Peter Maraccini, PE, PhD
1 of 3 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 THE DIRECTOR
OF THE DEPARTMENT OF PUBLIC UTILITIES OR
DESIGNEE TO ACCEPT FUNDS AND EXECUTE THE
FINANCIAL ASSISTANCE AGREEMENT AND ANY
AMENDMENTS THERETO WITH THE CALIFORNIA STATE
WATER RESOURCES CONTROL BOARD ON BEHALF OF
THE CITY OF FRESNO FOR A WATER CONNECTION TO
SERVE THREE PALMS MOBILE HOME PARK
WHEREAS, the residential community of Three Palms Mobile Home Park (MHP),
located within existing city limits, is identified as a small Disadvantaged Community (DAC)
per State Water Resources Control Board (SWRCB) Division of Financial Assistance
criteria; and
WHEREAS, Three Palms MHP is currently served by a single well and is not
connected to the City of Fresno (City) drinking water distribution system; and
WHEREAS, in March 2018, Three Palms MHP was issued a compliance order by
the SWRCB for exceedance of the 1,2,3-Trichloropropane (1,2,3-TCP) Maximum
Contaminant Level (MCL) in the raw well water; and
WHEREAS, concentrations of 1,2,3-TCP in raw well water samples collected
between February 2018 and November 2020 have been nine (9) to twenty-four (24) times
greater than the MCL allowed in drinking water; and
WHEREAS, continued exceedance of a drinking water MCL presents a persistent
health risk to Three Palms MHP residents; and
2 of 3
WHEREAS, connection of the Three Palms MHP to the City's distribution system
would represent a consolidation of two water systems and provide access of the City's
water supply to Three Palms MHP residents; and
WHEREAS, in the Drinking Water State Revolving Fund (DWSRF) Intended Use
Plan for Fiscal Year 2020-21, the SWRCB promotes consolidation, where appropriate
and feasible, especially among small community water systems serving DACs; and
WHEREAS, the City submitted a grant application to the SWRCB for DWSRF
funds for a water connection to Three Palms MHP as authorized by Resolution No.
2021- 110; and
WHEREAS, Resolution No. 2021-110 authorized the DPU Director, or designee(s)
to represent the City in carrying out the City's responsibilities under the financing
agreements, including certifying disbursement requests on behalf of the City and
compliance with applicable state and federal laws; and
WHEREAS, the SWRCB requires that the governing body of the applicant
designate an Authorized Representative to execute the financial assistance agreement
and any amendments thereto on behalf of the City.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as
follows:
1. The Council of the City of Fresno, California, authorizes this resolution.
2. The Director of the Department of Public Utilities or designee is hereby
authorized and directed to accept funds and execute the financial assistance agreement
and any amendments thereto with the State Water Resources Control Board on behalf of
3 of 3
the City of Fresno for a water connection to serve Three Palms Mobile Home Park, subject
to approval as to form by the City Attorney's Office.
3. 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
Financial Assistance Application Page 7 of 11 General Information Package
(Rev. 10/2020) Drinking Water State Revolving Fund
General Application Package
☐PLANNING ☐X CONSTRUCTION
I.APPLICANT INFORMATION
Applicant Name:
Street Address: City: State: Zip+4 Code:
Mailing Address: City: State: Zip+4 Code:
Applicant Total Population:
Applicant Total Number of Service Connections:
Current year median household income (MHI):
Congressional District(s):
State Senate District(s):
State Assembly District(s):
Data Universal Numbering System (DUNS) No.: Federal Tax ID No.:
Authorized Representative Name: Title:
Phone No.: Email Address:
Contact Person Name:
Phone No.: Email Address:
Local Counsel Name:
Phone No.: Email Address:
II.PROJECT INFORMATION AND PROPOSED SCHEDULE
Project Title:
Project Description and Objectives:
Current Status of Plans & Specif ications, Percent (%):
Estimated Amount of Financial Assistance Requested:
Total Project Cost (If More Than the Amount of Assistance Requested ):
Water Supply Permit Number (Attachment G1):
Population Served by Project:
Estimated or Actual Date
Currently Estimated
Project Schedule:Adopt Environmental Documents:
100% Plans & Specif ications :
Start of Construction/Implementation:
Complete Construction/Implementation:
Financial Assistance Application Page 8 of 11 General Information Package
(Rev. 10/2020) Drinking Water State Revolving Fund
Consultation with Other Agencies
Please list other f ederal and state agencies that have been involved in this project (e.g. planning, CEQA/NEPA
consultation, f unding, etc.), their contact inf ormation if known, and estimated dates f or resolution of any issues.
Partnering Agencies
Please list all other agencies that have an interest in this project, their contact inf ormation if known, and brief descriptions
of their roles .
Other Funding Sources
List any other f unding sources f or this project, along with the amount of additional f unding and date of availability
III. MANAGERIAL INFORMATION
Classification of Water System :
Community Non-transient non-community Transient non-community
Not currently classif ied as a pub lic water system
Indicate the Ownership of the Water System (check all that apply):
§ Include the ownership documentation (See instructions f or f urther inf ormation)
(label as Attachment G2)
Public Ownership
Municipality County Agency Special District State Agency
Public School Other:
Private Ownership
Corporation Limited Liability Corporation Partnership Sole Proprietorship
Non-prof it Organization Other:
§If the water system is privately -owned, indicate the name and title of the individual with authority to engage the
water system in a DWSRF f inancing agreement.Click or tap here to enter text.
§ If the Water System is a Municipality, is the Water System a Charter City? Yes No
§If the Water System is a Corporation, Limited Liability Company, or Partnership, complete the f ollowing:
A. Calif ornia Secretary of State Entity Number:
Financial Assistance Application Page 9 of 11 General Information Package
(Rev. 10/2020) Drinking Water State Revolving Fund
B. Status with Calif ornia Secretary of State:
Active Suspended Forf eited Dissolved
Is the Water System regulated by the California Public Utilities Commission (CPUC)? Yes No
If yes, the Water System must obtain CPUC approval. Attach a list and a description of all matter(s) relating to your
Water System that are currently pending bef ore the CPUC (label as Attachment G3).
List the names, titles and duties of key officers and attach an organization chart providing this information (label
as Attachment G4).
Is there any litigation pending relative to the operation of the water system or the proposed project?
Yes No
If yes, attach a description of the litigation and the potential costs (label as Attachment G5).
Is the Water System leasing land or major water system facilities? Yes No
If yes, describe the terms of the lease or attach a cop y of the lease agreement (label as Attachment G6). (NOTE: If
the lease is critical to the location or operation of the proposed project f acilities, the term of the lease must be equal to
or greater than the loan repayment period.)
Include a general map of the service area/boundaries (label as Attachment G7):
[For Construction Projects Only]Does the Water System have a contract with a private firm or another agency for
the operation of the facility to be financed? Yes No
If yes, provide the name of the f irm or agency and term (in years) of the agreement and attach a copy of the agreement
(label as Attachment G8)
Water Conservation
1. Are you an urban water supplier as def ined in Water Code Section 10608.12?
YES NO
Urban water suppliers must submit one of the f ollowing (Label as Attachment G9):
Water Conservation Program
Signed the Memorandum of Understanding regarding urban water conservation in Calif ornia
Urban Water Management Plan per Water Code Section 10653
Financial Assistance Application Page 10 of 11 General Information Package
(Rev. 10/2020) Drinking Water State Revolving Fund
2. Attach Certif ication f or Compliance with Water Metering Form (label as Attachment G10).
IV. ATTACHMENTS
G1 – Water Supply Permit and Enf orcement Orders
G2 – Ownership D ocumentation
G3 – CPUC Documentation (if applicable)
G4 – Organization Chart
G5 – Pending Litigation (if applicable)
G6 – Lease Agreement (if applicable)
G7 – Service Area Map
G8 – Operating Agreement
G9 – Urban Water Supplier Conservation Document (if applicable)
G10 – Certif ication of Compliance with Water Metering Form (if applicable)
G11 – Potential DWSRF Flags Worksheet
CERTIFICATION AND SIGNATURE OF AUTHORIZED REPRESENTATIVE
To the best of my knowledge and belief , I certif y that I am authorized to submit this applicat ion; the inf ormation provided in
this application is true and correct; the documentation has been duly authorized by the governing body of the applicant;
and the entity possesses the legal authority to apply f or the f inancing and enter into a f inancing agreement with the State
Water Resources Control Board and to f inance and construct the proposed f acilities.
Name of Authorized Representative: Title:
Signature of Authorized Representative: Date:
Attachment G10
Clinton Ave
AlyCambridge Ave
Weldon Ave
AlyWeber AveP
a
r
kw
a
y
D
r
Normal
Ave Crystal AveHughes AveWoodson AveLafayette AveMcKinley Ave
Weldon Ave
Yale Ave
G
o
l
d
e
n
S
t
a
t
e
B
l
v
d
City of Fresno
Department of Public Utilities
Attachment #5
-
Three Palms Mobile Home Park
Vicinity Map
0 250 500125
Feet
¯99 Fwy99 Fwy
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-882 Agenda Date:6/8/2023 Agenda #:
1.-H.
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
SARAH AGUILA, Supervising Engineering Technician
Department of Public Utilities - Utilities Planning & Engineering
SUBJECT
Actions pertaining to Access Structures Rehabilitation in Fruit Avenue from North Avenue to Jensen
Avenue (Bid File 12301561) (Unincorporated Fresno):
1. Adopt a finding of Categorical Exemption pursuant to Section 15301(d)/Class 1 of the
California Environmental Quality Act Guidelines.
2. Award a construction contract to Floyd Johnston Construction, Inc., of Clovis, California, in the
amount of $553,700.
RECOMMENDATION
Staff recommends that City Council adopt a finding of Categorical Exemption pursuant to Section
15301(d)/Class 1 of the California Environmental Quality Act (CEQA) Guidelines for Access
Structures Rehabilitation in Fruit Avenue from North Avenue to Jensen Avenue (Project); award a
construction contract for the Project to Floyd Johnston Construction, Inc., in the amount of $553,700;
and authorize the Director of Public Utilities, or designee, to sign and execute all documents on
behalf of the City of Fresno (City).
EXECUTIVE SUMMARY
Rehabilitation of the City’s sewer access structures is essential to maintaining the long-term
operations of this infrastructure. The seven sewer access structures covered under this Project were
identified through a facilities assessment investigation. After a competitive bidding process, the
Department of Public Utilities, Wastewater Management Division, is seeking to award a construction
contract to rehabilitate the seven sewer access structures. The bid will expire on June 21, 2023.
BACKGROUND
The Collection System Maintenance workgroup is responsible for maintaining the City’s sewer
City of Fresno Printed on 6/2/2023Page 1 of 3
powered by Legistar™
06/08/2023
MA/MK 6-0
TM ABSENT
APPROVED ON CONSENT
File #:ID 23-882 Agenda Date:6/8/2023 Agenda #:
1.-H.
The Collection System Maintenance workgroup is responsible for maintaining the City’s sewer
infrastructure amongst which are over 23,600 sewer access structures.The purpose of these
structures is to allow access during inspection and cleaning of the sanitary sewers.Rehabilitation of
these access structures will assist in extending the life of the existing system and eliminating
structural deficiencies and corrosion caused by hydrogen sulfide emitted from the wastewater.The
Project consists of rehabilitating seven access structures on Fruit Avenue from North Avenue to
Jensen Avenue.
A Notice Inviting Bids was published on March 31,2023,and posted on the City’s Planet Bids
website.The plans and specifications were distributed to twelve prospective bidders and posted at
seven Building Exchanges.One sealed bid proposal was received and publicly opened on April 18,
2023.Floyd Johnston Construction,Inc.,the sole bidder,was determined to be the lowest responsive
and responsible bidder,with the bid amount of $553,700.The bid will expire within 64 days of bid
opening, on June 21, 2023.
The staff determination was posted on the City’s Planet Bids website on Wednesday,May 16,2023.
Staff recommends that the City Council award a construction contract to Floyd Johnston
Construction,Inc.,in the amount of $553,700,as the lowest responsive and responsible bidder.Their
bid price is 2.04% below the Engineer’s Estimate of $565,000.
ENVIRONMENTAL FINDINGS
Staff has performed an environmental assessment of this Project and has determined it falls within
the Categorical Exemption set forth in Section 15301(d)/Class 1 (Existing Facilities).CEQA
Guidelines exempt from the provisions of CEQA projects consisting of the replacement or
reconstruction of existing utility systems and facilities involving negligible or no expansion of capacity.
This Project will involve rehabilitation of damaged and deteriorated existing access structures.
Furthermore,the staff has determined that none of the exceptions to Categorical Exemptions set
forth in the CEQA Guidelines, Section 15300.2 apply to this Project.
LOCAL PREFERENCE
Local preference was not implemented as the lowest responsive and responsible bidder is a local
business pursuant to the Fresno Municipal Code Section 4-108(a).
FISCAL IMPACT
There is no impact to the General Fund.Funding for this Project is included in the Fiscal Year 2023
Capital Improvement Project budget within the Wastewater Management Division’s Sewer Enterprise
Fund 40501. The Project is located in Council District 3.
Attachments:
Attachment 1 - Bid Evaluation and Fiscal Impact Statement
Attachment 2 - Sample Contract
Attachment 3 - Vicinity Map
City of Fresno Printed on 6/2/2023Page 2 of 3
powered by Legistar™
File #:ID 23-882 Agenda Date:6/8/2023 Agenda #:
1.-H.
Attachment 4 - Notice of Exemption
Attachment 5 - Environmental Assessment
City of Fresno Printed on 6/2/2023Page 3 of 3
powered by Legistar™
- 1 -
DPW-S Formal PWI (05-2022)
CONTRACT
CITY OF FRESNO, CALIFORNIA
PUBLIC WORK OF IMPROVEMENT
THIS CONTRACT is made and entered into by and between CITY OF FRESNO,
a California municipal corporation (City), and [Contractor Name], [Legal Identity]
(Contractor) as follows:
1. Contract Documents. The “Notice Inviting Bids,” “Instructions to Bidders,”
“Bid Proposal,” and the “Specifications” including “General Conditions,” “Special
Conditions,” and “Technical Specifications” for the following: [Title] (Bid File No. [Bid File
No.]) [Alternates (if any)] copies of which are annexed hereto, together with all the
drawings, plans, and documents specifically referred to in said annexed documents,
including Performance and Payment Bonds, if required, and are hereby incorporated
into and made a part of this Contract, and shall be known as the Contract Documents.
2. Price and Work. For the monetary consideration of [Written Dollar
Amount] dollars and [Written Cents Amount] cents ($[Amount]), as set forth in the Bid
Proposal, Contractor promises and agrees to perform or cause to be performed, in a
good and workmanlike manner, under the direction and to the satisfaction of the City’s
“Engineer,” and in strict accordance with the Specifications, all of the work as set forth in
the Contract Documents.
3. Payment. City accepts Contractor’s Bid Proposal as stated and agrees to
pay the consideration stated, at the times, in the amounts, and under the conditions
specified in the Contract Documents. The Contractor agrees to accept electronic
payment from City.
4. Indemnification. To the furthest extent allowed by law including California
Civil Code Section 2782, Contractor shall indemnify, hold harmless and defend City and
each of its officers, officials, employees, agents and volunteers from any and all loss,
liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or
strict liability, including, but not limited to personal injury, death at any time and property
damage) incurred by City, Contractor or any other person, and from any and all claims,
demands and actions in law or equity (including attorney’s fees and litigation expenses),
arising or alleged to have arisen directly or indirectly out of performance of this Contract.
Contractor’s obligations under the preceding sentence shall apply regardless of whether
City or any of its officers, officials, employees, agents or volunteers are passively
negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or
damages caused by the active or sole negligence, or willful misconduct, of City or any of
its officers, officials, employees, agents, or volunteers.
If Contractor should subcontract all or any portion of the work to be performed
under this Contract, Contractor shall require each subcontractor to indemnify, hold
harmless and defend City and each of its officers, officials, employees, agents, and
volunteers in accordance with the terms of the preceding paragraph.
This section shall survive termination or expiration of this Contract.
- 2 -
DPW-S Formal PWI (05-2022)
5. Trench Shoring Detailed Plan. Contractor acknowledges the provisions of
Section 6705 of the California Labor Code and, if said provisions are applicable to this
Contract, agrees to comply therewith.
6. Worker’s Compensation Certification. In compliance with the provisions of
Section 1861 of the California Labor Code, Contractor hereby certifies as follows:
I am aware of the provisions of Section 3700 of the California Labor
Code which require every employer to be insured against liability
for worker’s compensation or to undertake self-insurance in
accordance with the provisions of that Code, and I will comply with
such provisions before commencing the performance of work of this
Contract and will make my subcontractors aware of this provision.
7. 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.]
- 3 -
DPW-S Formal PWI (05-2022)
IN WITNESS WHEREOF, the parties have executed this Contract on the day
and year here below written, of which the date of execution by City shall be subsequent
to that of Contractor’s, and this Contract shall be binding and effective upon execution
by both parties.
[Contractor Name],
[Legal Identity]
By:
Name:
(Type or print written signature.)
Title:
(If corporation or LLC., Board Chair,
Pres. or Vice Pres.)
Dated:
By:
Name:
(Type or print written signature.)
Title:
(If corporation or LLC., CFO, Treasurer,
Secretary or Assistant Secretary)
Dated:
CITY OF FRESNO,
a California municipal corporation
By:
[Name], [Title]
Department of Public Works
Dated:
ATTEST:
TODD STERMER, CMC
City Clerk
By:
Date
Deputy
No signature of City Attorney required.
Standard Document #DPW-S Formal PWI
(05-2022) has been used without
modification, as certified by the
undersigned.
By:
[City Certifier Name]
[City Certifier Title]
Department of Public Works
City address:
City of Fresno
Attention: [Name], [Title]
[Street Address]
Fresno, CA [Zip]
Vicinity Map City of Fresno
Department of Public Utilities
¯
Access Structures Rehabilitation in
Fruit Avenue from
North Avenue to Jensen Avenue05001,000250
Feet
Jensen Ave
Annadale Ave West AveFruit AveWalnut AveNorth Ave
Statutory Exemptions. State code number:
_______________________________________________
Print Form
Notice of Exemption Appendix E
From: (Public Agency): ____________________________To: Office of Planning and Research
P.O. Box 3044, Room 113 _______________________________________________Sacramento, CA 95812-3044
County Clerk
(Address)
___________________________
___________________________
County of: __________________
Project Title: ____________________________________________________________________________
Project Applicant: ________________________________________________________________________
Project Location - Specific:
Project Location - City: ______________________ Project Location - County:
Description of Nature, Purpose and Beneficiaries of Project:
_____________________
Name of Public Agency Approving Project: _____________________________________________________
Name of Person or Agency Carrying Out Project: ________________________________________________
Exempt Status: (check one):
Ministerial (Sec. 21080(b)(1); 15268);
Declared Emergency (Sec. 21080(b)(3); 15269(a));
Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
Reasons why project is exempt:
Lead Agency
Contact Person: ____________________________ Area Code/Telephone/Extension: _______________
If filed by applicant: 1.Attach certified document of exemption finding.
2.Has a Notice of Exemption been filed by the public agency approving the project? Yes No
Signature: ____________________________ Date:
Signed by Lead Agency Signed by Applicant
Authority cited: Sections 21083 and 21110, Public Resources Code. Date Received for filing at OPR:
Reference: Sections 21108, 21152, and 21152.1, Public Resources Code.
_______________
Categorical Exemption. State type and section number: ____________________________________
______________________________________________
______________ Title: _______________________
Revised 2011
CITY OF FRESNO
CATEGORICAL EXEMPTION
ENVIRONMENTAL ASSESSMENT
THE PROJECT DESCRIBED HEREIN IS DETEMINED TO BE CATEGORICALLY
EXEMPT FROM THE PREPARATION OF ENVIRONMENTAL DOCUMENTS
PURSUANT TO ARTICLE 19 OF THE STATE CEQA GUIDELINES.
CONTACT: Sarah Aguila
City of Fresno – Department of Public Utilities
1626 E Street
Fresno, CA 93706
Phone: 559-621-1615
Email: sarah.aguila@Fresno.gov
PROJECT TITLE: Access Structures Rehabilitation in Fruit Avenue from
North Avenue to Jensen Avenue
PROJECT LOCATIONS: Fruit Avenue between North and Jensen Avenues
PROJECT DESCRIPTION: The purpose of the project is to rehabilitate seven
existing sewer access structures, which includes the
removal and replacement of failing coating and
installation of polymer concrete inserts, as well as all
associated facilities, appurtenances, and incidentals.
The Project is exempt under Section 15301(d)/Class 1 of the California
Environmental Quality Act (CEQA) Guidelines.
The proposed project is consistent with the Class 1 exemption. All sewer facilities involved
in the project are publicly owned utilities. The project is necessary to correct sewer
access structures structural deficiencies within the area, which involves restoration or
rehabilitation of deteriorated or damaged structures, in order to meet public health
standards for sewer conveyance facilities, as is consistent with a Section 15301(d)
exemption. There is no expansion of capacity.
None of the exceptions to Categorical Exemptions set forth in the CEQA
Guidelines, Section 15300.2, apply:
(a) Location The Project is not located in a sensitive environment
or an environmental resource of hazardous or critical
concern as designated by federal, state, or local
agencies.
(b) Cumulative Impact The Project will not have a cumulative negative
impact over time that is significant. A sewer access
structure is rehabilitated once every 10 or more years
and the impacts are beneficial to the operation of the
sewer system
(c) Significant Effect The Project will not have a significant effect on the
environment due to unusual circumstances. The
sewer access structure rehabilitations are routine
maintenance following industry standards.
(d) Scenic Highways The Project will not result in damage to scenic
resources, including but not limited to, trees, historic
buildings, rock outcroppings, or similar resources,
within a highway officially designated as a state
scenic highway. The Project is not located near
scenic highways.
(e) Hazardous Waste Sites The Project is not located on a hazardous waste site
which is included on any list compiled pursuant to
Section 65962.5 of the Government Code.
(f) Historical Resources The Project will not cause a substantial adverse
change in the significance of a historical resource.
The Project is limited to rehabilitation of sewer
access structures, which are not historical resources.
Furthermore, the proposed project is not expected to have a significant effect on the
environment. Accordingly, a categorical exemption, as noted above, has been prepared
for the project.
Date: April 21, 2023
Prepared by: Sarah Aguila
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-883 Agenda Date:6/8/2023 Agenda #:1.-I.
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
ANITA LUERA, Supervising Engineering Technician
Department of Public Utilities - Utilities Planning & Engineering
SUBJECT
Approve the second amendment to the consultant services agreement with Carollo Engineers, Inc.,
for the preparation of a Nitrate Initial Assessment to extend the term of the agreement (Council
Districts 3 and 6).
RECOMMENDATION
Staff recommends that City Council approve the second amendment to the consultant services
agreement (Agreement) with Carollo Engineers, Inc., (Carollo) for the preparation of a Nitrate Initial
Assessment (NIA), to extend the term of the Agreement from June 30, 2023, to December 31, 2024;
and authorize the Director of Public Utilities, or designee, to sign the second amendment on behalf of
the City of Fresno (City).
EXECUTIVE SUMMARY
As part of a Nitrate Control Program (Program) to ensure the protection of drinking water supplies
and to manage nitrate concentrations in groundwater, the City entered into an Agreement with
Carollo for the preparation of an NIA to evaluate the potential influence existing wastewater facilities
may have on nitrate levels in the groundwater.
The NIA and related documents were completed by Carollo and submitted to the Central Valley
Regional Water Quality Control Board (Board) for review and approval. To date, the City has not
received a letter of determination from the Board indicating compliance with the Program. The
Agreement expires on June 30, 2023; however, it may be necessary to modify the NIA or related
documents and address potential comments or concerns received from the Board as a result of their
review. As such, the second amendment to the Agreement is required to extend the term of the
Agreement to December 31, 2024. Additional funds will not be required.
City of Fresno Printed on 6/2/2023Page 1 of 2
powered by Legistar™
06/08/2023
MA/MK 6-0
TM ABSENT
APPROVED ON CONSENT
File #:ID 23-883 Agenda Date:6/8/2023 Agenda #:1.-I.
BACKGROUND
The Board administers a Program that allows for the control and permitting of nitrate discharges
across the Central Valley.The purpose of the Program is to ensure the protection of drinking water
supplies and to manage nitrate concentrations in groundwater.
As part of the Program,the City entered into an Agreement with Carollo on June 19,2020,to prepare
an NIA for the Fresno-Clovis Regional Wastewater Reclamation Facility (RWRF)and the North
Fresno Wastewater Reclamation Facility (NFRF)to evaluate their potential influence on nitrate levels
in the groundwater.The first amendment to the Agreement was executed on October 4,2021,and
expanded the scope of services to include the implementation of certain components of the NIA.
The NIA and related documents were completed in accordance with the Program and submitted to
the Board for approval on May 6,2021.To date,the City has not received a letter of determination
from the Board illustrating the City’s compliance with the Program.It may be necessary to modify the
NIA or related documents and address potential comments or concerns received from the Board as a
result of their review.As such,the second amendment is required to extend the term of the
Agreement from June 30,2023,to December 31,2024.Additional funds will not be required.The City
Attorney’s Office has reviewed the second amendment and approved as to form.Upon approval by
City Council, the second amendment will be executed by the Director of Public Utilities or designee.
ENVIRONMENTAL FINDINGS
Pursuant to California Environmental Quality Act (CEQA)Guidelines Section 15378(b)(5),this is not
a “project”for the purpose of CEQA,as this is an organizational or administrative action of the
government to enforce an existing obligation and will not result in a direct or indirect physical change
in the environment.
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.Funding for the Agreement is included in the Wastewater
Management Division’s Operations and Maintenance budget within the Wastewater Enterprise Fund
40501.No additional appropriations are necessary.The RWRF is located in Council District 3 and the
NFRF is located in Council District 6, however, the benefit of the services described is citywide.
Attachments:
Attachment 1 - Second Amendment
Attachment 2 - First Amendment
Attachment 3 - Agreement
City of Fresno Printed on 6/2/2023Page 2 of 2
powered by Legistar™
1
SECOND AMENDMENT TO AGREEMENT
THIS SECOND AMENDMENT TO AGREEMENT (Amendment) made and entered
into this _____ day of _____________ 2023 (Effective Date), amends the agreement
entered into between the City of Fresno, a California municipal corporation (City), and
Carollo Engineers, Inc., a Delaware corporation (Consultant).
RECITALS
WHEREAS, in May 2020, the City’s Wastewater Management Division received a
Notice to Comply with the requirements of the Nitrate Control Program which was adopted
by the Central Valley Regional Water Quality Control Board in an effort to protect drinking
water; and
WHEREAS, the City and Consultant entered into an agreement on June 19, 2020,
to provide professional consulting services for the preparation of a Nitrate Initial
Assessment for the Fresno-Clovis Regional Wastewater Reclamation Facility and the North
Fresno Wastewater Reclamation Facility as required by the Central Valley Regional Water
Quality Control Board for a total fee of $913,740 which included a contingency of $83,100;
and
WHEREAS, the City and Consultant entered into a first amendment on
October 4, 2021, to expand the Scope of Services to include implementation of certain
components of the Nitrate Initial Assessment; and
WHEREAS, the Consultant completed the Nitrate Initial Assessment and submitted
it to the Central Valley Regional Water Quality Control Board for review and comment, but
has not received a letter of determination from the Central Valley Regional Water Quality
Control Board illustrating the City’s compliance with the Nitrate Control Program; and
WHEREAS, the extent of comments and revisions the Central Valley Regional Water
Quality Control Board will have regarding the Nitrate Initial Assessment is unknown and, as
such, the City and Consultant desire to extend the original completion date from June 30,
2023, to December 31, 2024; and
WHEREAS, with entry into this Amendment, the Consultant agrees it has no claim,
demand, or dispute against the City.
AGREEMENT
NOW, THEREFORE, the parties agree that the agreement be amended as follows:
1. The Recitals listed above are incorporated by reference herein.
2. The Term of Agreement is extended from June 30, 2023, to December 31,
2024, and Time for Performance is extended to 1060 days.
2
3. Except as otherwise provided herein, the agreement remains in full force and
effect.
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:
Brock D. Buche, PE, PLS
Director of Public Utilities
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By:
Date
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
!
1
FIRST AMENDMENT TO AGREEMENT
THIS FIRST AMENDMENT TO AGREEMENT (Amendment) made and entered into
this _____ day of October 2021 (Effective Date), amends the Agreement entered into
between the City of Fresno, a California municipal corporation (City), and Carollo
Engineers, Inc., a Delaware corporation (Consultant).
RECITALS
WHEREAS, in May 2020, City’s Wastewater Management Division received a Notice
to Comply with the requirements of the Nitrate Control Program which was adopted by the
Central Valley Regional Water Quality Control Board (Board) in an effort to protect drinking
water; and
WHEREAS, City and Consultant entered into an agreement on June 19, 2020,
(Agreement) to provide professional consulting services for the preparation of a Nitrate
Initial Assessment (NIA) for the Fresno-Clovis Regional Wastewater Reclamation Facility
and the North Fresno Wastewater Reclamation Facility as required by the Board for a total
fee of $913,740 which included a contingency of $83,100; and
WHEREAS, the NIA was completed by Consultant and submitted to the Board in
accordance with the Nitrate Control Program; and
WHEREAS, City will be constructing groundwater monitoring wells in accordance
with the NIA and desires that Consultant provide ongoing support for construction of the
wells and implementation of certain components of the NIA; and
WHEREAS, City and Consultant desire to expand the Scope of Services to include
the ongoing support services, and utilize remaining contract funds for said expanded
services which will be performed within the current term of the Agreement; and
WHEREAS, with entry into this Amendment, Consultant agrees it has no claim,
demand, or dispute against City.
AGREEMENT
NOW, THEREFORE, the parties agree that the Agreement be amended as follows:
1. The Recitals listed above are incorporated by reference herein.
2. EXHIBIT A of the Agreement is removed in its entirety and is replaced with
the scope of services indicated in EXHIBIT A1 attached hereto and incorporated herein
by reference.
3. Except as otherwise provided herein, the Agreement remains in full force and
effect.
DocuSign Envelope ID: AEA162CD-E466-412D-8D2D-D3CCB57D33CC
4th
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:
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:
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 A1
DocuSign Envelope ID: AEA162CD-E466-412D-8D2D-D3CCB57D33CC
9/30/2021
Kenneth A Wilkins
Senior Vice President
Michael Barnes
Secretary
9/30/2021
10/1/2021
10/1/2021
Marco Martinez
10/4/2021
EXHIBIT A1
FIRST AMENDMENT TO THE SCOPE OF SERVICES
Consultant Service Agreement between the City of Fresno (“City”)
and Carollo Engineers, Inc., (“Consultant”)
NITRATE INITIAL ASSESSMENT
Under this Scope of Work, Carollo Engineers, Inc. (Carollo), in association with Luhdorff & Scalmanini,
Consulting Engineers (LSCE), Penny Carlo Engineering, LLC, and Katz & Associates, will provide
professional engineering services to prepare a Nitrate Initial Assessment for the Fresno/Clovis Regional
Wastewater Reclamation Facility (RWRF). The Carollo team will deliver the following services under the
terms of Professional Engineering Services for the Fresno/Clovis Regional Wastewater Reclamation
Facility Nitrate Initial Assessment.
The Scope of Work includes services for the development of a Nitrate Initial Assessment (NIA), using
previously collected data. The 2019 Basin Plan Amendment (BPA) for the Tulare Lake Basin contains a
new Nitrate Control Program to control and regulate discharges to groundwater. The RWRF is located
within the Tulare Lake Basin and is subject to the new requirements. The BPA became effective in 2020.
The Basin Plan states that upon receipt of a Notice to Comply (NTC) from the Central Valley Water Board
(Water Board), existing permittees shall conduct an initial assessment of their discharge as it relates to
nitrate.
The RWRF is located in a Priority 1 Basin, and the City will be required to complete the NIA within 330
days after receiving the NTC. Although the issuance date for the NTC is not known at this time, receipt of
the NTC by the City is expected no later than June 1, 2020. The scope of work for the NIA and associated
schedule have been developed with a goal to meet the NIA deadline of 330 days following receipt of the
NTC.
The NIA for the RWRF is covered under Tasks 1 – 11 in this Scope of Work. As demonstrated below, the
NIA, the As/Mn Compliance Assessment, and the Domestic/Agricultural Well Sampling Project are all
intertwined, and the work developed in prior tasks inform and provide the foundation for the NIA. Some
examples that demonstrate the interconnectivity of the projects are noted below. Coordinating the
As/Mn Compliance Assessment with the NIA tasks will be critical to meeting the 330-day time frame for
the NIA.
• Build upon the hydrogeologic conceptual model developed for the As/Mn evaluation
• Groundwater levels in the area have previously been developed, and domestic well depths
(from construction records) are being evaluated. Together, this information of the water table
and domestic well depths will be used to determine impacted beneficial uses and definition of
the Shallow Zone for the NIA (for the BPA Path A, the Shallow Zone is the part of the aquifer
system in which the shallowest 10% of the domestic wells are constructed).
• Groundwater nitrate data were gathered and analyzed for both RWRF monitoring wells and
domestic/agricultural wells. This data will provide the initial foundation for the NIA.
• The As/Mn groundwater flow and transport modeling tools, being designed for the As/Mn
evaluation, are also being designed with consideration of the need to assess nitrate conditions,
since nitrate quality is an indicator of As and Mn groundwater mobility.
DocuSign Envelope ID: AEA162CD-E466-412D-8D2D-D3CCB57D33CC
Task 12 in this Scope of Work covers the preparation of a Nitrate Initial Assessment for the North Fresno
Wastewater Reclamation Facility (WWRF). As a permitted discharger within the Priority 1 Kings
Subbasin, it is expected that the Central Valley Regional Water Board will also issue a Notice to Comply
to the City of Fresno for the North Fresno WWRF. Under Pathway A, an initial assessment of the
discharge to the shallow zone is required as part of the Initial Assessment/Notice of Intent. Based on
previous analyses documented in the 2011 Report of Waste Discharge and along with the Waste
Discharge Requirements (WDR) for the North Fresno WWRF, discharge of nitrate from the facility has
not impacted shallow groundwater, so an Early Action Plan is not required. In addition, we anticipate the
North Fresno WWRF will fall under Category 1 (no degradation) or 2 (de minimus impacts) for nitrate
discharge categorization; therefore, an Alternative Compliance Project is not needed.
PURPOSE
Consultant to prepare a Nitrate Initial Assessment (NIA) in accordance with the procedures summarized
in the 2019 Basin Plan Amendment for the Tulare Lake Basin for existing dischargers. It is assumed the
“area of contribution” of nitrate to the groundwater (from the RWRF discharge) will be larger than the
geographic area anticipated to be associated with the mobilization of As and Mn due to RWRF
operations. However, the initial geographic area for the NIA will utilize the same area as the As and Mn
groundwater quality study. The area of contribution is described in the Dom/Ag Sampling Plan using the
following as boundaries: Whitesbridge Avenue, Valentine Avenue, Adams Avenue, and South Dickenson
Avenue.
The Scope of Work assumes the City will pursue Path A (Individual Permitting Approach). The NIA must
be submitted as part of a Notice of Intent and must include the nine elements listed below, unless as
otherwise approved by the Central Valley Water Board’s Executive Officer. For this scope of work, it is
assumed all elements will be addressed, unless otherwise noted.
Upon receipt of a Notice to Comply, existing permittees shall conduct an initial assessment of their
discharge as it relates to nitrate. The initial assessment shall be submitted as part of a Notice of Intent
and must include the following unless as otherwise approved by the Central Valley Water Board’s
Executive Officer:
(i.) Estimated impact of discharge of nitrate on the Shallow Zone over a 20-year planning horizon;
• May be estimated based on a simple mass balance calculation assuming 20 years of
loading as nitrate reaches the water table.
(ii.) Initial assessment of water quality conditions based on readily available existing data and
information.
• May use default information in or referenced by, the Central Valley SNMP (2017) or
provide supplemental information that includes water quality conditions in the
shallow and upper zones;
(iii.) Survey of the discharge, and determination if the discharge is causing any public water supply or
domestic well to be contaminated by nitrate;
(iv.) If causing contamination of a public water supply or domestic well, an Early Action Plan;
Identification/summary of current treatment and control efforts, or management practices;
(v.) Identification of any overlying or adjacent Management Zone;
(vi.) Identification of Category of the Discharge, and information to support the categorization;
(vii.) Information necessary to support request for allocation of assimilative capacity, if applicable;
DocuSign Envelope ID: AEA162CD-E466-412D-8D2D-D3CCB57D33CC
(viii.) For category 4 dischargers, identification of an Alternative Compliance Project or justification as
to why the Central Valley Water Board should not require implementation of an Alternative Compliance
Project.
(ix.) For category 5 dischargers, information as required to support an Application for an Exception
pursuant to the Exceptions Policy, which would include identification of an Alternative Compliance
Project.
CONSULTANT’S SERVICES
Task 1. Initial Assessment of Water Quality Conditions/Estimation of Impact of Discharge of Nitrate on
Shallow Zone and Underlying Zones.
This task involves conducting the initial assessment of water quality conditions, based on readily
available existing data and information. This task also considers impacts over a 20-year planning horizon.
For the NIA, impact may be estimated based on a simple mass balance calculation, assuming 20 years of
loading as nitrate reaches the water table. This task addresses BPA Items (i) and (ii).
1.1 Define Shallow Zone. Carollo team to determine what constitutes the Shallow Zone and the extent
of area in the vicinity of the RWRF to consider in the area of contribution. The purpose is to represent
the portion of the aquifer available for use by the shallowest domestic wells. To determine ambient
nitrate concentrations in the Shallow Zone, the following options are available:
(1) Use readily available data and information to calculate ambient nitrate concentrations
for the shallowest ten percent (10%) of the domestic water supply wells in the Upper
Zone of a groundwater basin/subbasin as defined and established in Region 5: Updated
Groundwater Quality Analysis and High Resolution Mapping for Central Valley Salt and
Nitrate Management Plan (June 2016);
(2) Conduct a site (or area) specific evaluation based on various types of available data and
information, including but not limited to, depth and age of domestic wells in the area of
contribution, groundwater table, well completion report data, and other available and
relevant information; or,
(3) An equivalent alternative approved by the Central Valley Water Board’s Executive
Officer.
Carollo team will use approach (2) above for this task. The work will build upon earlier work conducted
for the As/Mn evaluation.
1.2 Calculate Ambient Nitrate Concentration in Shallow Zone and Underlying Zones. Carollo team to
rely on data compilation and findings from the As/Mn Workplan through 2019 (evaluation of existing
nitrate conditions in the vicinity of the RWRF) and select the appropriate well data to include in this
assessment of groundwater quality conditions including the Shallow Zone and underlying Zones, using
the following data sets:
• Readily available local and regional groundwater quality data of domestic wells, particularly
nitrate data but also other water quality parameters as needed to identify the extent of the
effect of RWRF operations on underlying groundwater.
• Site specific results of Phase 1 of the domestic/agricultural well sampling.
• Depth and age of domestic wells in the area of contribution, groundwater table, well
construction logs, etc.
DocuSign Envelope ID: AEA162CD-E466-412D-8D2D-D3CCB57D33CC
• Results from monitoring well network evaluation, including depth zones, water quality trend
plots, contour maps, etc.
1.3 Estimate impact of discharge of nitrate on the Shallow Zone and Other Zones.
Carollo team to use a mass balance approach for this task and will consider the following:
• Projected wastewater discharge volumes to the percolation ponds, irrigation, and FID canals
over the 20-year planning horizon.
o City to assist in developing assumptions for end uses, volumes, destinations of the
effluent from the RWRF over time.
• Projected date of startup of RWRF upgrade to nitrify/denitrify wastewater and anticipated
effluent total nitrogen concentration.
o Assume an effluent total nitrogen
concentration of 7.5 mg/L.
• Features established in Hydrogeologic Conceptual
Model, including physical features, hydrologic
boundaries, aquifer properties, and estimates of water
budget components.
o Area of potential impact will be preliminarily
delineated based on seepage analysis and
estimated groundwater migration.
• Results (and interpretation) of RWRF groundwater data
and the Phase 1 Dom/Ag sampling program, including
data for nitrogen species, isotopes, ORP, DO, and other
constituents.
1.4 Technical Memorandum
Prepare draft and final technical memorandum (TM) using data through the 2019 evaluations.
Deliverables:
• Technical Memorandum (draft and final, PDF format)
Task 2. Survey of the Discharge Impacts on Water Wells. Determine if the RWRF discharge is causing
any public water supply or domestic well to be contaminated by nitrate. This task addresses BPA Item
(iii).
Approximately 30 domestic wells were sampled during the Phase 1 Dom/Ag well sampling project,
primarily to determine the influence of RWRF discharges on As and Mn groundwater quality in
downgradient wells and to inform efforts to identify a point of compliance. The sampling program
included nitrogen species, special isotopes, and other constituents identified to help determine
potential impact to groundwater and attribution of sources (RWRF or other influencing factors). In
addition to the As/Mn Compliance Assessment, the data will be used in this scope of work to inform the
assessment of impacts of the RWRF discharge on nitrate concentrations in downgradient domestic
wells.
2.1 Phase 1 Survey. Carollo team to review results to assess the extent to which domestic wells in the
vicinity of the RWRF tap water with nitrate concentrations exceeding the trigger level of 7.5 mg/L
The BPA says a mass balance “may”
be used. In this proposed scope of
work, a mass balance will
preliminarily be used, followed later
by the use of modeling tools to refine
the understanding of the extent of
the impact. The models will also be
used to evaluate the implementation
and effects of approaches to manage
or reduce nitrate in the underlying
groundwater system. These analyses
are implemented in Task 6.4.
DocuSign Envelope ID: AEA162CD-E466-412D-8D2D-D3CCB57D33CC
(Nitrate-N). Carollo team will also evaluate the isotope results and other constituent concentrations for
RWRF groundwater data and the Phase 1 Dom/Ag well sampling project to determine if elevated nitrate
concentrations can be attributed to the RWRF. Carollo team will identify the affected domestic wells and
provide an assessment on nitrate source attribution.
Deliverables:
• Summary Memo – Phase 1 Survey Results and Findings (Draft and Final, PDF format)
Task 3. Early Action Plan (EAP). If causing contamination of a public water supply or domestic well, an
Early Action Plan must be submitted with the NIA. This task addresses BPA Item (iv).
This task assumes there will be at least one domestic well tapping groundwater under the influence of
the RWRF, with nitrate-N concentrations exceeding the trigger level of 7.5 mg/L. If it is found in Task 2
that the RWRF is not the source of the elevated nitrates in any domestic well water, this task would be
eliminated.
The EAP is a plan that identifies specific activities, and a schedule for implementing those activities, that
will be undertaken to ensure immediate access to safe drinking water for those who are dependent on
wells that provide groundwater with nitrate exceeding the maximum contaminant level (MCL) of
10 mg/L (Nitrate-N). The EAP will include the following tasks:
3.1 Identification of Potentially Affected Groundwater Users and Outreach. Provide process to identify
affected residents and the outreach utilized to ensure that impacted groundwater users are informed of
and given the opportunity to participate in the development of proposed solutions. The scope assumes
the Carollo team will participate in one outreach meeting with local residents in support of this task.
The outreach consultant will assist with strategy planning, logistics and support for one outreach
meeting with local residents. For each meeting, the outreach consultant will provide an agenda,
distribute and coordinate RSVPs, and meeting summary. This meeting will occur in coordination with the
stakeholder outreach and involvement for the Alternative Compliance Project described in Section 6.3
3.2 Coordination. Provide process for coordinating with others that are not dischargers to address
drinking water issues, which must include (but would not be limited to) consideration of coordinating
with affected communities, domestic well users and their representatives, the State Water Board’s
Division of Drinking Water, Regional Board, Local Planning Departments, Local Water Districts, Local
County Health Officials, Kings River Water Quality Coalition, Groundwater Sustainability Agencies and
others as appropriate (coordination with entities that may be engaged in the development of an
adjacent Management Zone will be necessary, including coordination related to additional private
domestic well sampling that may be required either in the Management Zone or the RWRF area of
contribution [there is likely to be some initial overlap between these areas]). The scope assumes the
Carollo team will participate in two outreach meetings with the parties described above, in support of
this task. Additional outreach meetings are included as options in the budget.
The outreach consultant will assist with development of strategy and participant selection in close
coordination with technical team for two outreach meetings with the parties described above. For the
meetings, the outreach consultant will provide an agenda, distribute and coordinate RSVPs, and meeting
summary.
DocuSign Envelope ID: AEA162CD-E466-412D-8D2D-D3CCB57D33CC
3.3 Actions and Schedule of Implementation. Propose specific actions and a schedule of
implementation that is as short as practicable (pending the Regional Board does not object to the EAP,
the EAP must be implemented within 60 days of submittal) to address the immediate drinking water
needs of those initially identified in the area of contribution, that are drinking groundwater that exceeds
nitrate standards and that do not otherwise have interim replacement water that meets drinking water
standards.
3.4 Funding Plan. Provide a funding mechanism for implementing the Early Action Plan, which may
include seeking funding from local, state and federal funds that are available for such purposes;
3.5 Preparation of Report. This task involves compilation of the analyses and findings in Tasks 3.1
through 3.3 to produce the EAP as a stand-alone report. The EAP will also include summary discussions
from the work conducted in Tasks 1 and 2. Carollo team will prepare a draft and final EAP. The report
shall be prepared using current versions of Microsoft Office and GIS software. Copies of the final report
shall incorporate City staff comments from the reviewed draft report.
Deliverables:
• Draft EAP Report (PDF)
• Final EAP Report (PDF and 5 hard copies)
3.6 Implementation Support. The Carollo team will provide ongoing support for implementation of the
EAP. This support may include additional outreach, updating and maintaining outreach materials, review
of groundwater data collected through the EAP, or other support requested by the City for EAP
implementation.
Task 4. Identification of any overlying or adjacent Management Zone.
This task addresses BPA Item (v).
Task 4.1 Identification and Summary Memo. Carollo team will identify overlying or adjacent
Management Zones (MZ) that may become established within the time this NIA is developed for the
RWRF. Participants in each MZ will be identified, and the MZ boundaries will be displayed on a map. This
information will be included in the NIA report. The MZ involves BPA Path B. The MZs would be identified
for purposes of coordination (see Task 3.2 and Task 6). The results of this task also pertain to Task 6. A
summary memo with map of MZs will be prepared.
Deliverables:
• Summary Memo (draft and final, PDF format)
Task 5 Identification of Category of the Discharge. Provide information to support the categorization.
This task addresses BPA Item (vi). The Water Board definitions for categories 4 and 5 are provided
below.
Category 4 (Degradation Above Trigger): The average nitrate concentration in the Shallow Zone is
better than the water quality objective. Though the discharge is reasonably expected to cause the
average nitrate concentration in the Shallow Zone to exceed a trigger of 75% of the applicable water
quality objective over a 20-year planning horizon, the average nitrate concentration in the Shallow Zone
DocuSign Envelope ID: AEA162CD-E466-412D-8D2D-D3CCB57D33CC
is expected to remain at or below the applicable water quality objective over the same 20-year planning
horizon.
Category 5 (Discharge Above Objective): Either
• The average nitrate concentration in the Shallow Zone is better than the applicable water quality
objective, but the discharge may cause the average nitrate concentration in the Shallow Zone to
exceed the water quality objective over a 20-year planning horizon; or,
• The average nitrate concentration in the Shallow Zone exceeds the applicable water quality
objective and the discharge quality, as it reaches the Shallow Zone, also exceeds the applicable
water quality objective.
5.1 Determination of Category. Using the analysis and findings of Tasks 1 and 2, Carollo team will
determine the category of the discharge. Provide summary memo for NIA report that supports the
characterization. The summary memo will be presented to the RWQCB during the progress meeting
scheduled in Task 10.
Deliverables:
• Summary memo, draft and final (PDF format), and supporting information (maps, data tables).
Task 6. Alternative Compliance Project. This task assumes the discharge will be Category 4 or 5. The
BPA requires submittal of an ACP (along with the NIA and Notice of Intent) for Category 4 and 5
dischargers pursuing Path A. If the conclusion of Task 5 is that the discharge is categorized as 1, 2, or
3, this task will be eliminated.
The ACP must demonstrate consistency with the management goals of the BPA Nitrate Control Program,
addressing short-term and long-term drinking water needs affected by nitrates (Management Goal 1),
plan for achieving balanced nitrate loadings within the proposed boundaries of the project, where
reasonable and feasible (Management Goal 2), and a plan for establishing a managed aquifer restoration
program to restore nitrate levels to concentrations at or below the water quality objectives to the
extent reasonable, practicable and feasible (Management Goal 3).
The ACP must also identify the process to ensure that drinking water that meets drinking water
standards is available to all drinking water users utilizing groundwater within the area of contribution.
This component may be met through the development and implementation of an Early Action Plan
(Task 3), payment into a mitigation fund, and/or other mechanisms geared toward providing emergency,
interim and permanent solutions.
The ACP will be developed to address the guidelines contained in Appendix H of the BPA. The ACP will
rely on information and findings developed in the prior tasks (and in conjunction with prior tasks) for the
NIA and EAP. Preparation of the ACP will include the following:
6.1 ACP Framework and Area of Contribution. Develop framework to address the overarching goals and
objectives of the ACP, as established by the BPA. Identify main project participants.
Identify and describe best estimate of the extent of the area of contribution (refinement of the area of
contribution is further informed by work in Task 6.4). Identify locations within the area of contribution
that overlap with other management areas/activities and the process to ensure coordination. Identify
geologic and hydrologic features that limit or promote groundwater movement.
DocuSign Envelope ID: AEA162CD-E466-412D-8D2D-D3CCB57D33CC
6.2 Constituents of Concern. Identify any constituents of concern the RWRF may want to address
(besides nitrate). Identify current best practicable treatment and control (BPTC) or an approved
exception from meeting the nitrate water quality standard.
6.3 Stakeholder Outreach and Involvement. This task will be coordinated with Tasks 3.1 and 3.2 (Early
Action Plan Outreach and Coordination). Identify affected stakeholders within the area of contribution,
over the 20-year planning horizon. Identify stakeholders within the area of contribution who are not
included within the ACP boundary, and why. Provide process to identify affected residents and outreach
to ensure stakeholders are informed of and given an opportunity to participate in the development of
the ACP.
Provide description of the outreach that has occurred and will continue to occur to ensure stakeholders
or affected communities within the area of contribution are informed of, and given opportunity to
participate in, the development of any ACP as well as ongoing activities designed to resolve their
drinking water concerns.
The outreach consultant will assist with strategy planning, logistics and support for two outreach
meetings with local residents. For each meeting, the outreach consultant will provide an agenda,
distribute and coordinate RSVPs, and meeting summary. This effort is an extension of the outreach
associated with the EAP in Task 3.1.
The scope assumes the Carollo team will participate in two outreach meetings in support of this task.
These will be in addition to (and in coordination with) the outreach work and meetings anticipated in
Tasks 3.1 and 3.2.
6.4 Nitrate Management Plan (short term and long term). Identify how nitrate conditions will be
characterized for use as the basis for refining the extent of effects by RWRF operations and
demonstrating how nitrate will be managed over short and long-term periods to meet the nitrate
management goals established in the Central Valley Region SNMP and BPA.
Identify short-term (≤ 20 years) and long-term (> 20 years) projects and/or planning activities that will
be implemented as part of the ACP to make progress towards attaining each of the water quality-related
management goals established by the Central Valley SNMP within the estimated area of contribution.
Identify mechanism(s) to support achievement of the overall Central Valley SNMP’s long-term strategy
to achieve balanced nitrate loadings and managed aquifer restoration, where reasonable and feasible.
Mechanisms may include, but would not be limited to:
• Implementation of management practices that will reduce current nitrate loading to
groundwater;
• Use of offsets to help mitigate potential localized impacts, while improving overall basin or
subbasin-wide water quality (see Offsets Policy);
• Coordination with adjacent Management Zone(s);
• Coordination among Groundwater Sustainability Agency(ies) to implement GSP water
management strategies that achieve multiple objectives, including BPA objectives;
• Managed groundwater recharge;
• Pump and utilize and/or treat and distribute; and
DocuSign Envelope ID: AEA162CD-E466-412D-8D2D-D3CCB57D33CC
• Payment into a mitigation fund established to develop and implement long-term drinking
water solutions, balance and restoration
To estimate the feasibility of these mechanisms, the flow and transport model developed for the As/Mn
Compliance Assessment will be utilized. This will involve expanding the focus of the As/Mn flow model
and incorporating nitrate into the transport model. This will allow for the simulation of the nitrate
transport and determination of the effects that discharged water has had or will in the future have on
the Shallow Zone and underlying Zones with planned nitrate management activities (including upgrading
nitrogen treatment with increased nitrogen removal) and restoration. This task includes two modeling
scenarios to assess nitrate management activities and one restoration scenario. Future nitrate
management activities, as described in the NIA and ACP, would examine the performance of those
activities.
6.5 Implementation Schedule. Provide a short and long-term schedule for implementation of nitrate
management activities with interim milestones and performance measures to assess progress every 5
years during the first 20-year planning horizon and every 10 years thereafter.
Identify alternative procedures or measures to be implemented if the interim milestones or
performance measures are not met.
Provide a water quality surveillance and monitoring program that is adequate to ensure that the ACP
when implemented is achieving the expected progress towards attainment of water quality-related
management goals (coordination with the SNMP’s surveillance and monitoring program may be
considered as part of efforts to comply with this element).
6.6 Report. This task involves compilation of the analyses and findings in Tasks 6.1 through 6.5 to
produce the ACP as a stand-alone report. Carollo team will prepare a draft and final ACP. The report
shall be prepared using current versions of Microsoft Office and GIS software. Copies of the final report
shall incorporate City staff comments from the reviewed draft report.
Deliverables:
• Draft ACP (PDF)
• Final ACP (PDF and 5 hard copies)
6.7 Implementation Support. The Carollo team will provide support for implementation of components
of the short-term projects included as part of the ACP including drilling and installation of monitoring
wells and review of newly collected groundwater data.
Optional Task 7. Application for an Exception. If the discharge is determined to be Category 5 (Task 5),
the City will be required to submit an Application for Exception pursuant to the Exceptions Policy. If it is
determined in Task 5 that the discharge is not Category 5, this task will be eliminated.
The exception may apply to the issuance of effluent limitations and/or groundwater limitations that
implement water quality objectives (WQO) for nitrate. According to the Exceptions Policy, the term
nitrate includes nitrate and other forms of nitrogen speciation (e.g., total inorganic nitrogen, total
Kjeldahl nitrogen, etc.) used to address nitrate in groundwater.
DocuSign Envelope ID: AEA162CD-E466-412D-8D2D-D3CCB57D33CC
The Waste Discharge Requirements (WDR) for the RWRF do not currently include effluent limitations for
nitrate or any form of nitrogen, on the secondary effluent discharged to the ponds or irrigation areas.
The WDR does include the groundwater limitation for nitrate (as nitrogen) of 10 mg/L.
Authorization by the Central Valley Water Board (Water Board) of an exception from issuance of an
effluent limitation, or from enforcement of the groundwater limitation will allow the RWRF to continue
to operate and discharge, with relief from potential regulatory action, while progress is made by the City
on their Nitrate Control Program. This would include time to implement nitrogen removal at the RWRF
to reduce nitrate effluent concentrations below 10 mg/L (as total nitrogen) and attain long term
compliance of the nitrate WQO in groundwater. The Water Board will set interim performance-based
requirements when the exception is authorized.
An exception may be typically granted for up to 10 years, but the Water Board may have discretion to
approve a 50-year exception and subsequent renewal for up to another 50 years.
7.1 Preparation of Application for Exception. Carollo team will prepare the Application for an Exception,
per the Exceptions Policy. The application will include the following:
a. An explanation/justification as to why the exception is necessary, and why the RWRF is unable
to ensure consistent compliance with the groundwater limitations associated with nitrate, and
why time is needed before issuance of an effluent limitation for nitrate.
b. A description of the ACP, EAP, or other implementation measures that the City will implement
or participate in, consistent with the Nitrate Permitting Strategy of the BPA.
c. Copies of any documents prepared and certified by another state or local agency pursuant to
Public Resources Code Section 21080 et seq.; or, such documents as are necessary for the Water
Board to make its decision in compliance with Public Resources Code section 21080 et seq.
d. A work plan to provide an interim and permanent water supply for any person living in the
area adversely affected by the discharge under the requested nitrate exception. The water
supply work plan shall include a schedule of milestones and a description of financial
commitments to assure completion of the interim and permanent water supply. Performance
bonds may be required to assure timely implementation.
e. A detailed plan of how the proposed implementation measures will further the long-term
management goals of the Nitrate Control Program.
7.2 Preparation of Report. Prepare draft and final report.
Deliverables:
• Draft Application (PDF format)
• Final Application (PDF format)
Optional Task 8. Respond to RWQCB Comments on Area of Contribution.
8.1 Respond to Comments. As stated in the PURPOSE, it is assumed the initial geographic area for this
NIA will be the same as area determined for the overall As/Mn Compliance Assessment. During the
second meeting with the RWQCB (Task 10.2), the City will present the justification for the proposed area
DocuSign Envelope ID: AEA162CD-E466-412D-8D2D-D3CCB57D33CC
for the NIA (which may be modified pending results of Tasks 1, 2, and 6, and with consideration of
results associated with the implementation of the As/Mn Workplan). If the RWQCB does not accept this
approach for estimating the area of contribution and requires the City to further expand the area of
contribution for the NIA, additional budget will be needed to evaluate and develop an expanded
boundary. Since the nature and extent of comments and potential effort needed to address changes
cannot be identified at this time, a budget allowance is provided.
The RWQCB may also provide comments regarding the technical analysis of data used to determine the
Area of Contribution or for quantification of nitrate conditions within the Area of Contribution. The
Carollo team will provide responses to these comments including analysis of additional groundwater
data collected after submittal of the NIA.
Task 9. Preparation of NIA Report.
Work completed in Tasks 1-8 will be compiled into the NIA Report. The NIA will also include the formal
“Notice of Intent” letter from the City. The EAP and ACP will be included as appendices to the NIA
Report. A draft and final NIA will be prepared. The report shall be prepared using current versions of
Microsoft Office and GIS software. Copies of the final report shall incorporate City staff comments from
the reviewed draft report.
The Carollo team will provide responses to any comments received from the RWQCB on the NIA as part
of this task.
Deliverables:
• Notice of Intent (draft and final, PDF format)
• Draft NIA Report including the EAP and ACP (PDF format)
• Final NIA Report (PDF and 5 hard copies)
Task 10. Project Management and Meetings.
Carollo’s project manager shall direct and coordinate the efforts of the project team members in order
to deliver all of the components of the project. Project management includes facilitation of a Kick-Off
Meeting, periodic meetings, work order administration, monthly progress reports, coordination with
RWRF staff, and quality management.
The project manager will make staffing assignments, review work progress, coordinate quality
management procedures, manage subconsultants, and communicate monthly progress reports to the
City. The project manager shall manage the budget, schedule, and invoicing. The project manager will
prepare and maintain decision and action item logs that will record the decisions made by the City
throughout the project as well as action items assigned to the Carollo team and City team members.
10.1 Project Kickoff Meeting. Carollo team will facilitate a project Kick-off Meeting with RWRF staff to
review the BPA requirements and develop the City’s goals and objectives for the NIA (including plan to
pursue Path A). This will be a working meeting with participation from key RWRF staff to discuss the
RWRF goals and objectives, preferences, key concerns and project constraints. Additionally, Carollo
team will review the overall scope, schedule, and budget, and establish lines of communication between
the Carollo team and RWRF staff. Carollo team will provide an initial data request list and list of past
DocuSign Envelope ID: AEA162CD-E466-412D-8D2D-D3CCB57D33CC
studies and work to review. The list will be updated during the course of the project. Key members of
the Carollo team will attend the Kick-Off Meeting.
10.2 Meetings with RWQCB. Three meetings will be held with the RWQCB.
The first meeting will be to review the BPA requirements for the NIA, present the City’s objectives
(including pursuit of Path A) and schedule, and clarify RWQCB expectations for the NIA.
A second meeting will be scheduled to review progress and key findings related to estimating impact of
discharge of nitrate on the Shallow Zone and underlying Zones, the determination of the Shallow Zone
and area of contribution, and determination of the category of discharge (Tasks 1, 2, and 6).
A third meeting will be to present the analysis and conclusions of the full NIA at the time of submittal of
the NIA (within 330 days of receipt of the NTC).
10.3 Progress meetings. Eight progress meetings will be conducted. The progress meetings will be held
approximately monthly following the kick-off meeting. It is assumed that meetings will alternate
between Webex and in-person meetings (four of each).
Optional Task 11. Analysis Refinement Tasks
This task identifies work to be conducted during the development of the NIA that is dependent on
conclusions and knowledge gained in the core tasks referenced below. Work in the core tasks is needed
to advance the study. The follow-up tasks are needed to refine results and enhance validity of findings
and conclusions of the NIA.
11.1 Phase 2 Domestic/Agricultural Well Survey. Sampling will be conducted on additional
domestic/agricultural wells, not tested in Phase 1, to expand the area of the domestic/agricultural well
survey for the As/Mn Study (see Domestic/Agricultural Wells Sampling Plan). Carollo team to review
results to determine if any domestic wells tap water with nitrate concentrations exceeding the trigger
level of 7.5 mg/L. Carollo team will also evaluate the concentrations of special analytes and/or isotopes
to determine if the high nitrate concentrations can be attributed to the RWRF. Carollo team will identify
the affected domestic wells and provide an assessment on the source attribution. Groundwater quality
conditions will be reassessed based on this additional data combined with updated nitrate sample data
from the county and other public entities as available.
Prepare an update to the Phase 1 Survey Summary Memo, to include results and overall findings from
this task.
Deliverables:
• Update to Summary Memo (Draft and Final, PDF format)
11.2 Update Calculations of Ambient Nitrate Concentration with Data from Phase 2
Domestic/Agricultural Sampling Project. The ambient nitrate concentration in the Shallow/Upper Zone
of groundwater will be refined with new knowledge of the area water quality, obtained from data
collected during the Phase 2 domestic/agricultural well sampling. This sampling effort will be conducted
in 2020.
Prepare an update to the Task 1 Technical Memorandum.
DocuSign Envelope ID: AEA162CD-E466-412D-8D2D-D3CCB57D33CC
Deliverables:
• Update to Task 1 Technical Memorandum (PDF format).
Task 12. Preparation of A Nitrate Initial Assessment for the North Fresno Wastewater Reclamation
Facility (WWRF)
This task to prepare the Nitrate Initial Assessment for the North Fresno WWRF includes the following
tasks specified in the Basin Plan Amendment. It is assumed that discussions relating to the North Fresno
WWRF with City staff and with the Regional Board will occur as part of meetings described in Task 10.
12.1 Estimate impact of nitrate discharge on the shallow zone and perform an Initial Assessment of
water quality conditions. The assessment will be based on previous analyses and existing data and will
incorporate conclusions stated in the Report of Waste Discharge and WDR. This task will evaluate locally
specific hydrogeologic conditions related to the definition of the shallow zone. This includes defining the
shallow zone specific to 10 percent of the shallowest domestic wells located nearest to the North Fresno
WWRF. Well construction logs, as available, will be used to determine the depth and age of wells in the
area. The construction of those wells, and any representative publicly available water quality data for
those wells, will be considered relative to previous work that identified the presence of a significant clay
unit underlying the WWRF site and also the previous understanding (based on WWRF monitoring data)
of low nitrate concentrations in groundwater. Based on the WWRF monitoring data, together with
publicly available groundwater quality data, this task will evaluate ambient nitrate concentrations in
groundwater above and below significant hydrogeologic features (e.g., clay unit) within the locally
defined shallow zone.
This task will also include documentation of groundwater protection measures in place (lined storage
pond, seasonal/occasional discharges to sewer, irrigation management measures, etc.) that are utilized
by the WWRF to achieve best practicable treatment and control (BPTC) for the protection of
groundwater quality. If needed, a mass balance of water and nitrogen loadings on the golf course may
be developed to estimate historical and projected loadings to the Shallow Zone through irrigation.
12.2 Survey of the discharge, and determination if the discharge is causing any public water supply or
domestic well to be contaminated by nitrate. The Carollo team will collect and review any readily
available local and regional groundwater quality data of domestic and public supply wells near the North
Fresno WWRF, particularly nitrate data. The review will also examine other groundwater quality data to
demonstrate differences in groundwater quality above and below the significant clay unit and to further
distinguish constituents contributed to groundwater by the WWRF versus constituents contributed to
relatively deeper groundwater in the shallow zone (below the clay unit) due to influences from regional
land uses and lateral groundwater flow mechanisms.
12.3 Identification of any overlying or adjacent Management Zone. Coordination with nitrate
management activities in the larger Kings Subbasin will occur as part of the work for the RWRF and will
not be conducted separately for the North Fresno WWRF.
12.4 Categorization of the discharge, expected to be Category 1 (no degradation) or 2 (de minimus
impacts) based on previous analyses documented in the 2011 Report of Waste Discharge and along with
DocuSign Envelope ID: AEA162CD-E466-412D-8D2D-D3CCB57D33CC
the Waste Discharge Requirements (WDR) for the North Fresno WWRF. Provide justification for
categorization, based on the findings in Tasks 12.1 and 12.2.
12.5 Preparation of an Initial Assessment/Notice to Comply. Work completed in Tasks 12.1-12.4 will be
compiled into the NIA Report. The NIA will also include the formal “Notice of Intent” letter from the City.
It is assumed that discharge of nitrate from the facility has not impacted, or only minimally impacted,
shallow groundwater; therefore, an Early Action Plan and Alternative Compliance Project are not
required. A draft and final NIA will be prepared. The NIA will provide the hydrogeologic justification to
support the lack of influence from the WWRF on shallow groundwater quality in the vicinity of the plant
site. Discharge quality, WWRF historical groundwater quality monitoring records, and other local
groundwater quality data will be presented to differentiate effects (or the lack of effects) by the WWRF
on the uppermost part of the shallow zone compared to the quality in the deeper part of the shallow
zone associated with the groundwater produced for domestic purposes. The report shall be prepared
using current versions of Microsoft Office and GIS software. Copies of the final report shall incorporate
City staff comments from the reviewed draft report.
12.6 Response to comments from the Regional Board. Since the nature and extent of comments and
potential effort needed to address changes cannot be identified at this time, a budget allowance is
provided.
Deliverables:
• Notice of Intent (draft and final, PDF format)
• Draft NIA Report (PDF format)
• Final NIA Report (PDF and 5 hard copies)
DocuSign Envelope ID: AEA162CD-E466-412D-8D2D-D3CCB57D33CC
TIME OF PERFORMANCE
The work will be completed within 330 days following the City’s receipt of the Notice to Comply (NTC)
from the Water Board as shown in the project timeline.
Estimated Project Delivery Schedule
The preliminary schedule for completing the tasks is provided in the table below assuming NTC received
on June 1, 2020 and Notice to Proceed given on June 22, 2020.
Task
Task
Duration
(months)
Cumulative
Duration
(months)
Tentative
Completion
Date
Task 1. Initial Assessment of Water Quality Conditions
and Impact of Discharge on Shallow Zone
3 3 9/30/2020
Task 2. Survey of the Discharge Impacts on Water
Wells
2 2 8/31/2020
Task 3. Early Action Plan 4 6 12/31/2020
Task 4. Identification of any overlying or adjacent
Management Zone
1 --
Task 5. Identification of Category of the Discharge. 1 --
Task 6. Alternative Compliance Project 6 9 4/27/2021
Task 7. Application for Exception 2 --
Task 8. Respond to RWQCB comments on Area of
Contribution (as needed)
2 --
Task 9. Preparation of NIA Report 2 9 4/27/2021
Task 10. Project Management and Meetings 10 --
Task 11. Analysis Refinement Tasks 1 --
Task 12. Nitrate Initial Assessment for the North
Fresno WWRF
4 -- 3/31/2021
DocuSign Envelope ID: AEA162CD-E466-412D-8D2D-D3CCB57D33CC
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-890 Agenda Date:6/8/2023 Agenda #:1.-J.
REPORT TO THE CITY COUNCIL
FROM:BROCK D. BUCHE, PE, PLS, Director
Department of Public Utilities
BY:RON SIMONS, Water System Supervisor
Department of Public Utilities - Water Division
SUBJECT
Award a Requirements Contract in the amount of $0 to Backflow Solutions Incorporated, of Chicago
Illinois for backflow data management services and authorize the Director of Public Utilities or his
designee, to execute a contract for a term of three years with the possibility of two one-year
extensions - (Bid File 9664) (Citywide)
RECOMMENDATION
Staff recommends that the City Council award a Requirements Contract in the amount of $0 to
Backflow Solutions Incorporated (BSI), for backflow data management and authorize the Director of
Public Utilities or his designee, to execute a three-year contract with provisions for two one-year
extensions.
EXECUTIVE SUMMARY
The Department of Public Utilities, Water Division (Water), routinely utilizes third party backflow data
management for over 10,000 backflow devices in the City of Fresno (City). This service, which bears
no cost to the City, allows for the freeing of Water staff to monitor customer test status and to perform
field inspections for all new and replaced backflow devices. The Council’s approval of the contract
with BSI will ensure continued data management while allowing Water staff to focus on field
operations.
BACKGROUND
There are over 10,000 backflow devices throughout the City that are mandated by the State to be
tested annually. In conjunction with the management of backflow device testing data are numerous
other necessary duties such as mailing annual test notification letters, updating records of customer
non-compliance and monitoring backflow tester’s certifications and credentials. By utilizing the
services of BSI, Water staff are enabled to monitor customer test status and to perform field
inspections for all new or replaced devices. The City has utilized BSI for backflow data management
since 2017. Fees for the BSI services are paid for by the backflow device owners. The current fee
charged is $14.99 per test, and under the new contract the charge will be $9.99 per test. There is no
City of Fresno Printed on 6/2/2023Page 1 of 2
powered by Legistar™
06/08/2023
MA/MK 6-0
TM ABSENT
APPROVED ON CONSENT
File #:ID 23-890 Agenda Date:6/8/2023 Agenda #:1.-J.
charged is $14.99 per test,and under the new contract the charge will be $9.99 per test.There is no
cost to the City.
Staff recommends that Council award a three-year contract with provisions for two one-year
extensions,for a total contract value of $0 to BSI and authorize the Director of Public Utilities,or
designee,to sign and execute all documents on behalf of the City of Fresno.The City Attorney has
reviewed and approved to form.
ENVIRONMENTAL FINDINGS
By the definition provided in the California Environmental Quality Act Guidelines Section 15378,the
award of this requirements contract does not qualify as a “project”.
LOCAL PREFERENCE
Local preference is not applicable as there was only one sole responsive and responsible bidder.
FISCAL IMPACT
There is no impact to the General Fund or the Water Division as the costs of services are paid for by
the backflow device owners.
Attachments:
Attachment 1 - Bid Evaluation BF 9664
Attachment 2 - Sample Contract
City of Fresno Printed on 6/2/2023Page 2 of 2
powered by Legistar™
GSD-B Informal Bid RC – Product (03-2023)
- 1 -
PRODUCT REQUIREMENTS CONTRACT
THIS CONTRACT is made and entered into by and between the CITY OF FRESNO,
a California municipal corporation (City), and [Contractors Name], [Legal Identity]
(Contractor), as follows:
1. CONTRACT DOCUMENTS. The "Notice Inviting Bids," "Instructions to
Bidders," "Bid Proposal," and the "Specifications" including "General Conditions",
"Special Conditions" and "Technical Specifications" for the following: [Title] (Bid File No.
[Number]) [Alternates (if any)] copies of which are annexed hereto, together with all the
drawings, plans, and documents specifically referred to in said annexed documents, and
are hereby incorporated into and made a part of this Contract, and shall be known as the
Contract Documents.
2. PRICE. For the estimated monetary consideration of [WRITTEN $ AMOUNT]
DOLLARS AND [WRITTEN CENTS AMOUNT] CENTS ($[Dollar Amount]), as set forth in
the Bid Proposal, the Contractor promises and agrees to furnish or cause to be furnished,
in a new and working condition, and to the satisfaction of the City, and in strict accordance
with the Specifications, all of the items as set forth in the Contract Documents.
3. PAYMENT. The City accepts the Contractor's Bid Proposal as stated and
agrees to pay the consideration stated, at the times, in the amounts, and under the
conditions specified in the Contract Documents. The Contractor agrees to accept
electronic payment from the City.
4. INDEMNIFICATION: To the furthest extent allowed by law, including
California Civil Code section 2782 (if applicable), the Contractor shall indemnify, hold
harmless and defend the City and each of its officers, officials, employees, agents, and
volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages
(whether in contract, tort or strict liability, including, but not limited to personal injury, death
at any time and property damage) incurred by the City, the Contractor or any other person,
and from any and all claims, demands and actions in law or equity (including reasonable
attorney's fees, litigation expenses, and costs to enforce this agreement), arising or
alleged to have arisen directly or indirectly out of performance of this Contract. The
Contractor's obligations under the preceding sentence shall apply regardless of whether
the City or any of its officers, officials, employees, agents, or volunteers are passively
negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or
damages caused by the active or sole negligence, or by the willful misconduct, of the City
or any of its officers, officials, employees, agents, or volunteers.
If the Contractor should subcontract all or any portion of the work to be performed
under this Contract, the Contractor shall require each subcontractor to indemnify, hold
harmless and defend the City and each of its officers, officials, employees, agents, and
volunteers in accordance with the terms of the preceding paragraph.
This section shall survive termination or expiration of this Contract.
GSD-B Informal Bid RC – Product (03-2023)
- 2 -
[Signatures follow on the next page.]
GSD-B Informal Bid RC – Product (03-2023)
- 3 -
IN WITNESS WHEREOF, the parties have executed this Contract on the day and
year here below written, of which the date of execution by the City shall be subsequent
to that of the Contractor’s, and this Contract shall be binding and effective upon execution
by both parties.
CITY OF FRESNO,
a California municipal corporation
By:
Melissa Perales, Purchasing Manager
Finance Department
Dated:
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By:
Date
Supv/Senior Deputy City Attorney
ATTEST:
TODD STERMER, CMC
City Clerk
By:
Date
Deputy
City address:
City of Fresno
Attention: [Name],
[Title]
[Street Address]
Fresno, CA [Zip]
[Contractor Name],
[Legal Identity]
By:
Name:
Title:
(If corporation or LLC., Board Chair,
Pres. or Vice Pres.)
Dated:
By:
Name:
Title:
(If corporation or LLC., CFO, Treasurer,
Secretary or Assistant Secretary)
Dated:
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-918 Agenda Date:6/8/2023 Agenda #:
1.-K.
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
***BILL B-15 - (Intro’d 5/25/2023)(For Adoption) - Repealing Section 6-516 of the Fresno Municipal
Code and amending Section 6-501(ee) relating to transmission grid mains and associated
reimbursements (Subject to Mayor’s Veto)
RECOMMENDATION
Staff recommends that City Council adopt an Ordinance repealing Section 6-516 of the Fresno
Municipal Code and amending Section 6-501(ee) relating to Transmission Grid Main (TGM)
reimbursements and the definition of transmission grid main.
EXECUTIVE SUMMARY
In 2017, the City Council adopted Ordinance 2017-19, which revised the Fresno Municipal Code
(FMC) to provide for a citywide Water Capacity Fee (WCF). The City Council also adopted Resolution
No. 2017-99 updating and setting the amount of the City’s water capacity fee.
It has recently come to the City’s attention that there is an inconsistency between TGM
reimbursements and WCF reimbursements provided in the FMC. The Department of Public Utilities
(DPU) requests City Council approval of an Ordinance to amend portions of the FMC that address
the process for reimbursing developers that construct Transmission Grid Mains (TGM). Upon
approval of this item, developers will be able to submit invoices for full cost reimbursement, similar to
other public works construction projects involving reimbursements.
BACKGROUND
In 2017, the City Council adopted Ordinance 2017-19, which revised the Fresno Municipal Code
(FMC) to provide for a citywide Water Capacity Fee (WCF). The City Council also adopted Resolution
No. 2017-99 updating and setting the amount of the City’s water capacity fee.
It has recently come to the City’s attention that there is an inconsistency between TGM
reimbursements and WCF reimbursements provided in the FMC. The TGM reimbursement costs
City of Fresno Printed on 6/2/2023Page 1 of 3
powered by Legistar™
06/08/2023
B-15/ ORD. 2023-019
MA/MK 6-0
TM ABSENT
File #:ID 23-918 Agenda Date:6/8/2023 Agenda #:
1.-K.
reimbursements and WCF reimbursements provided in the FMC.The TGM reimbursement costs
provided in FMC Section 6-516 and as set forth in the Master Fee Schedule (MFS)are set at a
specific dollar amount per linear foot.As construction costs have increased over time,the specified
reimbursement amount no longer covers the entire cost of TGM construction in today’s marketplace.
However,FMC Section 6-513(e)(3),related to WCF reimbursements,provides that where a
developer is required to construct a water supply facility:“The developer shall be reimbursed based
on the full,audited,and approved cost of the water supply facility less the Water Capacity Fees due
for the development.”
To rectify the inconsistency,FMC Section 6-516 must be repealed.This would then place the
reimbursements for TGMs within the reimbursement framework set forth in FMC Sections 6-513(e)
and (f).Developers will then be able to submit invoices for full cost reimbursement,similar to other
public works construction projects involving reimbursements.To that end,the Department of Public
Utilities (DPU)requests City Council approval of an Ordinance to amend portions of the FMC that
address the process for reimbursing developers that construct Transmission Grid Mains (TGM).
Further, staff proposes modifying the definition of transmission grid main in FMC Section 6-501(ee) to
address the updated sizing standard for transmission grid mains. Currently, the FMC identifies mains
10 inches in diameter or larger as TGMs. However, current City standards no longer identify 10-inch
mains as TGMs and mains of that size are rarely installed. The current standard for transmission grid
mains is 14-inches in diameter and larger.
The above proposed amendments to the FMC adopted by this Ordinance do not increase,alter,
modify,amend,or extend the City’s previously adopted water capacity fees.Therefore,this
Ordinance is not subject to the requirements of Government Code Section 66013.
On May 25,2023,Council adopted an amendment to the Master Fee Schedule (Resolution No.2023
-151)to remove certain fees related to the construction of transmission grid mains.Specifically,
Resolution 2023-151 deleted the per linear foot transmission grid main reimbursement rates and the
trench surfacing credits for transmission grid main installations.In conjunction with the proposed
changes to the FMC,these deletions will allow for developers to be reimbursed for transmission grid
main installations based on the “full,audited and approved cost of the water supply facility less the
Water Capacity Fees due for the development.”
ENVIRONMENTAL FINDINGS
By definition provided in the California Environmental Quality Act (CEQA)Guidelines Section 15378,
this item is not a project.On May 25,2023,Council adopted Resolution No.2023-150 finding that
the proposed action to amend portions of the FMC that address the process for reimbursing
developers that construct TGMs is not an “approval”of a “project,”nor does it constitute an
“approval” of any expansion project or any other specific project.
LOCAL PREFERENCE
Local preference was not implemented as this item does not involve the bid or award of a
construction or services contract.
City of Fresno Printed on 6/2/2023Page 2 of 3
powered by Legistar™
File #:ID 23-918 Agenda Date:6/8/2023 Agenda #:
1.-K.
FISCAL IMPACT
There is no impact to the General Fund.There is also no impact to the Water Enterprise Fund,as
the existing Water Capacity Fee fund contains the collected revenues,with fifty percent of the
revenues allocated for developer reimbursement for water facilities construction,to be processed in
accordance with FMC Section 6-513(f).
Attachment: Ordinance
City of Fresno Printed on 6/2/2023Page 3 of 3
powered by Legistar™
1 of 4
Date Adopted:
Date Approved
Effective Date:
City Attorney Approval: ________ Ordinance No.
BILL NO.
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF FRESNO, CALIFORNIA,
REPEALING SECTION 6-516 OF THE FRESNO MUNICIPAL
CODE AND AMENDING SECTION 6-501(ee), RELATING
TO TRANSMISSION GRID MAINS AND ASSOCIATED
REIMBURSEMENTS
WHEREAS, in 2017, the City Council adopted Ordinance 2017-19, which revised
the Fresno Municipal Code to provide for a citywide water capacity fee. The City Council
also adopted Resolution No. 2017-99 updating and setting the amount of the City’s water
capacity fee; and
WHEREAS, the City intends to amend portions of the Fresno Municipal Code that
address the process for reimbursing developers that construct transmission grid mains;
and
WHEREAS, the amendments to the Fresno Municipal Code, adopted by this
Ordinance, are not intended to increase, alter, modify, amend, or extend the City’s
previously adopted water capacity fees; and
WHEREAS, the City Council has determined that since the amendments to the
Fresno Municipal Code, adopted by this Ordinance, do not increase, alter, modify, amend,
or extend the City’s previously adopted water capacity fees, this Ordinance is not subject
to the requirements of Government Code section 66013.
THE COUNCIL OF THE CITY OF FRESNO DOES ORDAIN AS FOLLOWS:
2 of 4
SECTION 1. The above recitals are true and correct, are material to the adoption of this
ordinance, and are incorporated herein by reference.
SECTION 2. Subsection (ee) of Section 6-501 the Fresno Municipal Code is amended
to read:
SECTION 6-501 DEFINITIONS.
(ee) "Transmission grid main" means a portion of a network of
large (ten-inch diameter or larger) [(14 inch diameter or larger)] water
mains lying generally at one-half mile intervals, which in the judgment of
the Director serves primarily to transmit water from supply wells [and
surface water treatment facilities] to the distribution system of mains which
supply water to individual properties, or which serves to interconnect the
supply wells. Service connections may be made to transmission grid
mains but all water mains ten inches [fourteen inches] in diameter or larger
are not necessarily transmission grid mains. The Director shall maintain in
his office a map of the transmission grid main network, which shall be
revised from time to time to show necessary additions to and deletions
from the network.
SECTION 3. Section 6-516 of the Fresno Municipal Code is repealed.
SECTION 4. Severability. If any section, subsection, sentence, clause, phrase, or portion
of this amended 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 amended ordinance. The City Council hereby declares
3 of 4
that it would have adopted this amended ordinance and each section, subsection,
sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses, phrases, or portions thereof may be declared
invalid or unconstitutional. Additionally, the City Council intends to preserve all applicable
defenses to any challenge to any portions of the underlying ordinance or any amendment
to the same where the applicable statute of limitations to challenge the ordinance has
expired. The City Council further expresses its intent to preserve all applicable defenses
to the ordinance based on the Court of Appeal having previously upheld the validity of the
ordinance and the amendments thereto in Granville Homes, Inc. v. City of Fresno, Fifth
Appellate District Court of Appeal, case number F077870. The City Council also does
not intend to waive any legal defenses based on the adoption of the underlying ordinance
and the City Council’s amendments to its municipal code in 2017 to replace prior
ordinance provisions with a new citywide water capacity fee program. The City Council
hereby expresses its intent for the underlying ordinance and all amendments to the same
that were previously adopted by the City Council to remain in effect should any portion of
the ordinance or amendment to the ordinance be held to be invalid by a court.
SECTION 5. The City Council has reviewed this matter under the California
Environmental Quality Act (CEQA) and determined that this item is not a project, nor is it
an approval of any expansion project or any other project. The City Council has adopted
Resolution No. 2023-____ making findings concerning the same.
SECTION 6. 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.
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
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:
Jennifer M. Quintanilla Date
Senior Deputy City Attorney
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-891 Agenda Date:6/8/2023 Agenda #:
1.-L.
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
PATRICIA DIEP, Supervising Engineering Technician
Department of Public Utilities - Utilities Planning & Engineering
SUBJECT
Actions pertaining to the North Fresno Wastewater Reclamation Facility (Council District 6):
1. Adopt a finding of Statutory Exemption pursuant to CEQA Guidelines Section 15262 and a “common
sense” exemption under CEQA Guidelines Section 15061(b)(3).
2. Award a consultant services agreement to Carollo Engineers, Inc., a Delaware corporation, in the
amount not to exceed $148,638, inclusive of a $15,000 contingency, to conduct a feasibility study for
the expansion of the North Fresno Wastewater Reclamation Facility (Council District 6).
RECOMMENDATION
Staff recommends the City Council award a consultant services agreement to Carollo Engineers,
Inc., in the amount not to exceed $148,638, inclusive of a $15,000 contingency, to conduct a
feasibility study for the expansion of the North Fresno Wastewater Reclamation Facility (Project); and
authorize the Director of Public Utilities, or designee, to sign on behalf of the City of Fresno (City).
EXECUTIVE SUMMARY
The Department of Public Utilities (DPU) is seeking to award a consultant services agreement to
Carollo Engineers, Inc. for the Project. The feasibility study will forecast sewer flows to the facility to
best predict when the expansion is required, as well as investigate design alternatives to best
determine the appropriate mode of expansion. The feasibility study will make no physical changes to
the environment.
BACKGROUND
DPU-Wastewater Management Division (WMD) operates and maintains the North Fresno
Wastewater Reclamation Facility (Facility). The Facility currently treats an average of 0.34 MGD of
wastewater to a recycled water standard, which is thereafter distributed to nearby recycled water
users for beneficial use.
City of Fresno Printed on 6/2/2023Page 1 of 3
powered by Legistar™
06/08/2023
REMOVED FROM AGENDA &
TABLED TO JUNE 15, 2023
NEW FILE ID 23-945
File #:ID 23-891 Agenda Date:6/8/2023 Agenda #:
1.-L.
WMD recognizes future growth needs of north Fresno and improved operations of the Facility and is
looking to hire an engineering consultant firm to assess the Facility when the expansion is required.
The assessment should include performing a hydraulic analysis of the service area,condition
assessment of the current treatment processes and unit conditions to determine the efficacy of the
Facility as currently built and its useful life extending into the future,and investigate design
alternatives to best determine the appropriate mode of expansion.
In accordance with Fresno Municipal Code Chapter 4,Article 1,and Administrative Order 6-19
(AO 6-19),DPU conducted a competitive process to select a consultant to provide services for the
Project.A Request for Qualifications was published in the Business Journal and posted on the City’s
Planet Bids on March 15,2023.The City received one qualification package from prospective
consultants on April 11,2023.On April 25,2023,the selection committee members met to review
and evaluate the qualifications.As allowed for in AO 6-19,the Request for Qualifications was
structured for the consultant to provide detailed information regarding experience of the firm and
team members,along with other project related concerns,to perform the confined space entry
program and training for WMD staff.Upon review of the qualifications for meeting the various criteria
and analysis of the proposed fee,Carollo was ultimately selected as the firm providing the best value
on the services based on the totality of the evaluation.
A standardized Consultant Services Agreement has been approved as to form by the City Attorney’s
Office accordance with Administrative Order 4-4 and the consultant’s Certificates of Insurance have
been approved by the City’s Risk Management Division.Upon approval by the City Council,the
agreement will be executed by the Director of Public Utilities, or his designee.
ENVIRONMENTAL FINDINGS
The award of this consultant services agreement for a feasibility study is statutorily exempt from a
CEQA review pursuant to the California Environmental Quality Act (CEQA)Guidelines Section
15262.Additionally,because there is no possibility of a significant effect on the environment from this
study,the study qualifies for a “common sense”exemption under CEQA Guidelines Section 15061(b)
(3).Should a project be pursued in the future based on the findings of the feasibility study,a CEQA
review will be required at that time.
LOCAL PREFERENCE
Local preference was implemented,Carollo Engineers,Inc.is a local business as defined by the
Fresno Municipal Code.
FISCAL IMPACT
There is no impact to the General Fund.This Project is located in Council District 6.This Project is
identified in the Wastewater Management Division’s five-year Capital Improvement Plan.Funds for
the Project are budgeted in the Fiscal Year 2023 Sewer Enterprise Fund 40501.
Attachment:
City of Fresno Printed on 6/2/2023Page 2 of 3
powered by Legistar™
File #:ID 23-891 Agenda Date:6/8/2023 Agenda #:
1.-L.
Attachment 1 - Consultant Services Agreement
City of Fresno Printed on 6/2/2023Page 3 of 3
powered by Legistar™
DPU-S Eng. CSA, Short Form T&M – Contingency (01-2023)
-1-
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 CAROLLO ENGINEERS, INC., a Delaware corporation
(Consultant).
RECITALS
WHEREAS, the City desires to obtain professional consulting engineering services
for the North Fresno Wastewater Reclamation Facility Expansion Feasibility Study
(Project); and
WHEREAS, the Consultant is engaged in the business of furnishing services as a
Professional Consultant Engineer and hereby represents that it desires to and is
professionally and legally capable of performing the services called for by this Agreement;
and
WHEREAS, the Consultant acknowledges that this Agreement is subject to the
requirements of Fresno Municipal Code Section 4-107 and Administrative Order No. 619;
and
WHEREAS, this Agreement will be administered for the City by its Director of
Public Utilities (Director) or designee.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and of the covenants,
conditions, and promises hereinafter contained to be kept and performed by the
respective parties, it is mutually agreed as follows:
1. Scope of Services. The Consultant shall perform to the satisfaction of the
City the services described in Exhibit A, including all work incidental to, or necessary to
perform, such services even though not specifically described in Exhibit A.
2. Term of Agreement and Time for Performance. This Agreement shall be
effective from the date first set forth above and shall continue in full force and effect
through the earlier of complete rendition of the services hereunder or December 31, 2024,
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 550 consecutive calendar days from such authorization to proceed.
3. Compensation.
(a) The Consultant’s sole compensation for satisfactory performance of
all services required or rendered pursuant to this Agreement shall be a total fee not to
exceed One Hundred Sixty-One Thousand and Thirty-Four Dollars ($161,034), paid on a
time and materials basis in accordance with the schedule of fees contained in Exhibit A,
and a contingency amount not to exceed Fifteen Thousand Dollars ($15,000) for any
additional work rendered pursuant to Subsection (c) below and authorized in writing by
DocuSign Envelope ID: 2B41A2BD-3FDC-4537-BEEA-425C8C8AFE0C
DPU-S Eng. CSA, Short Form T&M – Contingency (01-2023)
-2-
the Director.
(b) Detailed statements shall be rendered monthly and will be payable
in the normal course of City business. The City shall not be obligated to reimburse any
expense for which it has not received a detailed invoice with applicable copies of
representative and identifiable receipts or records substantiating such expense.
(c) The parties may modify this Agreement to increase or decrease the
scope of services or provide for the rendition of services not required by this Agreement,
which modification shall include an adjustment to the Consultant’s compensation. Any
change in the scope of services must be made by written amendment to the Agreement
signed by an authorized representative for each party. The Consultant shall not be
entitled to any additional compensation if services are performed prior to a signed written
amendment.
4. Termination, Remedies, and Force Majeure.
(a) This Agreement shall terminate without any liability of the City to the
Consultant upon the earlier of: (i) the Consultant’s filing for protection under the federal
bankruptcy laws, or any bankruptcy petition or petition for receiver commenced by a third
party against the Consultant; (ii) seven calendar days prior written notice with or without
cause by the City to the Consultant; (iii) the City’s non-appropriation of funds sufficient to
meet its obligations hereunder during any City fiscal year of this Agreement, or insufficient
funding for the Project; or (iv) expiration of this Agreement.
(b) Immediately upon any termination or expiration of this Agreement,
the Consultant shall (i) immediately stop all work hereunder; (ii) immediately cause any
and all of its subcontractors to cease work; and (iii) return to the City any and all unearned
payments and all properties and materials in the possession of the Consultant that are
owned by the City. Subject to the terms of this Agreement, the Consultant shall be paid
compensation for services satisfactorily performed prior to the effective date of
termination. The Consultant shall not be paid for any work or services performed or costs
incurred which reasonably could have been avoided.
(c) In the event of termination due to failure of the Consultant to
satisfactorily perform in accordance with the terms of this Agreement, the City may
withhold an amount that would otherwise be payable as an offset to, but not in excess of,
the City’s damages caused by such failure. In no event shall any payment by the City
pursuant to this Agreement constitute a waiver by the City of any breach of this Agreement
which may then exist on the part of the Consultant, nor shall such payment impair or
prejudice any remedy available to the City with respect to the breach.
(d) Upon any breach of this Agreement by the Consultant, the City may
(i) exercise any right, remedy (in contract, law or equity), or privilege which may be
available to it under applicable laws of the State of California or any other applicable law;
(ii) proceed by appropriate court action to enforce the terms of the Agreement; and/or (iii)
recover all direct, indirect, consequential, economic and incidental damages for the
breach of the Agreement. If it is determined that the City improperly terminated this
Agreement for default, such termination shall be deemed a termination for convenience.
(e) The Consultant shall provide the City with adequate written
assurances of future performance, upon Director’s request, in the event the Consultant
DocuSign Envelope ID: 2B41A2BD-3FDC-4537-BEEA-425C8C8AFE0C
DPU-S Eng. CSA, Short Form T&M – Contingency (01-2023)
-3-
fails to comply with any terms or conditions of this Agreement.
(f) The Consultant shall be liable for default unless nonperformance is
caused by an occurrence beyond the reasonable control of the Consultant and without its
fault or negligence such as, acts of God or the public enemy, acts of the City in its
contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually
severe weather, and delays of common carriers. The Consultant shall notify Director in
writing as soon as it is reasonably possible after the commencement of any excusable
delay, setting forth the full particulars in connection therewith, and shall remedy such
occurrence with all reasonable dispatch, and shall promptly give written notice to Director
of the cessation of such occurrence.
5. Confidential Information, Ownership of Documents and Copyright License.
(a) Any reports, information, or other data prepared or assembled by the
Consultant pursuant to this Agreement shall not be made available to any individual or
organization by the Consultant without the prior written approval of the City. During the
term of this Agreement, and thereafter, the Consultant shall not, without the prior written
consent of the City, disclose to anyone any Confidential Information. The term
Confidential Information for the purposes of this Agreement shall include all proprietary
and confidential information of the City, including but not limited to business plans,
marketing plans, financial information, designs, drawings, specifications, materials,
compilations, documents, instruments, models, source or object codes and other
information disclosed or submitted, orally, in writing, or by any other medium or media.
All Confidential Information shall be and remain confidential and proprietary in the City.
(b) Any and all original sketches, pencil tracings of working drawings,
plans, computations, specifications, computer disk files, writings and other documents
prepared or provided by the Consultant pursuant to this Agreement are the property of
the City at the time of preparation and shall be turned over to the City upon expiration or
termination of the Agreement or default by the Consultant. The Consultant grants the
City a copyright license to use such drawings and writings. The Consultant shall not
permit the reproduction or use thereof by any other person except as otherwise expressly
provided herein. The City may modify the design including any drawings or writings. Any
use by the City of the aforesaid sketches, tracings, plans, computations, specifications,
computer disk files, writings and other documents in completed form as to other projects
or extensions of this Project, or in uncompleted form, without specific written verification
by the Consultant will be at the City’s sole risk and without liability or legal exposure to
the Consultant. The Consultant may keep a copy of all drawings and specifications for
its sole and exclusive use.
(c) If the Consultant should subcontract all or any portion of the services
to be performed under this Agreement, the Consultant shall cause each subcontractor to
also comply with the requirements of this Section 5.
(d) This Section 5 shall survive expiration or termination of this
Agreement.
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
DocuSign Envelope ID: 2B41A2BD-3FDC-4537-BEEA-425C8C8AFE0C
DPU-S Eng. CSA, Short Form T&M – Contingency (01-2023)
-4-
perform in accordance with the standards of said profession necessary to perform the
services agreed to be done by it under this Agreement, the City relies upon the skill of the
Consultant and any subcontractors to do and perform such services in a skillful manner
and the Consultant agrees to thus perform the services and require the same of any
subcontractors. Therefore, any acceptance of such services by the City shall not operate
as a release of the Consultant or any subcontractors from said professional standards.
7. Indemnification. To the furthest extent allowed by law including California
Civil Code section 2782.8, the Consultant shall indemnify, hold harmless and defend the
City and each of its officers, officials, employees, agents, and volunteers from any and all
loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or
strict liability, including but not limited to personal injury, death at any time and property
damage), and from any and all claims, demands and actions in law or equity (including
reasonable attorney's fees, litigation expenses, and costs to enforce this agreement) that
arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of
the Consultant, its principals, officers, employees, agents, or volunteers in the
performance of this Agreement.
If the Consultant should subcontract all or any portion of the services to be
performed under this Agreement, the Consultant shall require each subcontractor to
indemnify, hold harmless and defend the City and each of its officers, officials, employees,
agents, and volunteers in accordance with the terms of the preceding paragraph.
This section shall survive termination or expiration of this Agreement.
8. Insurance.
(a) Throughout the life of this Agreement, the Consultant shall pay for
and maintain in full force and effect all insurance as required in Exhibit B, which is
incorporated into and part of this Agreement, with an insurance company(ies) either
(i) admitted by the California Insurance Commissioner to do business in the State of
California and rated no less than “A-VII” in the Best’s Insurance Rating Guide, or (ii) as
may be authorized in writing by the City’s Risk Manager or designee at any time and in
its sole discretion. The required policies of insurance as stated in Exhibit B shall maintain
limits of liability of not less than those amounts stated therein. However, the insurance
limits available to the City, its officers, officials, employees, agents, and volunteers as
additional insureds, shall be the greater of the minimum limits specified therein or the full
limit of any insurance proceeds to the named insured.
(b) If at any time during the life of the Agreement or any extension, the
Consultant or any of its subcontractors/sub-consultants fail to maintain any required
insurance in full force and effect, all services and work under this Agreement shall be
discontinued immediately, and all payments due or that become due to the Consultant
shall be withheld until notice is received by the City that the required insurance has been
restored to full force and effect and that the premiums therefore have been paid for a
period satisfactory to the City. Any failure to maintain the required insurance shall be
sufficient cause for the City to terminate this Agreement. No action taken by the City
pursuant to this section shall in any way relieve the Consultant of its responsibilities under
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
DocuSign Envelope ID: 2B41A2BD-3FDC-4537-BEEA-425C8C8AFE0C
DPU-S Eng. CSA, Short Form T&M – Contingency (01-2023)
-5-
insolvent.
(c) The fact that insurance is obtained by the Consultant shall not be
deemed to release or diminish the liability of the Consultant, including, without limitation,
liability under the indemnity provisions of this Agreement. The duty to indemnify the City
shall apply to all claims and liability regardless of whether any insurance policies are
applicable. The policy limits do not act as a limitation upon the amount of indemnification
to be provided by the Consultant. Approval or purchase of any insurance contracts or
policies shall in no way relieve from liability nor limit the liability of the Consultant, its
principals, officers, agents, employees, persons under the supervision of the Consultant,
vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone
employed directly or indirectly by any of them.
(d) If the Consultant should subcontract all or any portion of the services
to be performed under this Agreement, the Consultant shall require each
subcontractor/sub-consultant to provide insurance protection, as an additional insured, to
the City and each of its officers, officials, employees, agents, and volunteers in
accordance with the terms of this section, except that any required certificates and
applicable endorsements shall be on file with the Consultant and the City prior to the
commencement of any services by the subcontractor. The Consultant and any
subcontractor/sub-consultant shall establish additional insured status for the City, its
officers, officials, employees, agents, and volunteers by using Insurance Service Office
(ISO) Form CG 20 10 11 85 or both CG 20 10 04 13 and CG 20 37 04 13 or by an
executed manuscript company endorsement providing additional insured status as broad
as that contained in ISO Form CG 20 10 11 85.
9. Conflict of Interest and Non-Solicitation.
(a) Prior to the City’s execution of this Agreement, the Consultant shall
complete a City of Fresno conflict of interest disclosure statement in the form as set forth
in Exhibit C. During the term of this Agreement, the Consultant shall have the obligation
and duty to immediately notify the City in writing of any change to the information provided
by the Consultant in such statement.
(b) The Consultant shall comply, and require its subcontractors to
comply, with all applicable (i) professional canons and requirements governing avoidance
of impermissible client conflicts; and (ii) federal, state and local conflict of interest laws
and regulations including, without limitation, California Government Code Section 1090
et. seq., the California Political Reform Act (California Government Code Section 87100
et. seq.), the regulations of the Fair Political Practices Commission concerning disclosure
and disqualification (2 California Code of Regulations Section 18700 et. seq.) and Section
4-112 of the Fresno Municipal Code (Ineligibility to Compete). At any time, upon written
request of the City, the Consultant shall provide a written opinion of its legal counsel and
that of any subcontractor that, after a due diligent inquiry, the Consultant and the
respective subcontractor(s) are in full compliance with all laws and regulations. The
Consultant shall take, and require its subcontractors to take, reasonable steps to avoid
any appearance of a conflict of interest. Upon discovery of any facts giving rise to the
appearance of a conflict of interest, the Consultant shall immediately notify the City of
these facts in writing.
(c) In performing the work or services to be provided hereunder, the
DocuSign Envelope ID: 2B41A2BD-3FDC-4537-BEEA-425C8C8AFE0C
DPU-S Eng. CSA, Short Form T&M – Contingency (01-2023)
-6-
Consultant shall not employ or retain the services of any person while such person either
is employed by the City or is a member of any City council, commission, board,
committee, or similar City body. This requirement may be waived in writing by the City
Manager, if no actual or potential conflict is involved.
(d) The Consultant represents and warrants that it has not paid or
agreed to pay any compensation, contingent or otherwise, direct or indirect, to solicit or
procure this Agreement or any rights/benefits hereunder.
(e) Neither the Consultant, nor any of the Consultant’s subcontractors
performing any services on this Project, shall bid for, assist anyone in the preparation of
a bid for, or perform any services pursuant to, any other contract in connection with this
Project. The Consultant and any of its subcontractors shall have no interest, direct or
indirect, in any other contract with a third party in connection with this Project unless such
interest is in accordance with all applicable law and fully disclosed to and approved by
the City Manager, in advance and in writing.
(f) If the Consultant should subcontract all or any portion of the work to
be performed or services to be provided under this Agreement, the Consultant shall
include the provisions of this Section 9 in each subcontract and require its subcontractors
to comply therewith.
(g) This Section 9 shall survive expiration or termination of this
Agreement.
10. Recycling Program. In the event the Consultant maintains an office or
operates a facility(ies), or is required herein to maintain or operate same, within the
incorporated limits of the City of Fresno, the Consultant at its sole cost and expense shall:
(a) Immediately establish and maintain a viable and ongoing recycling
program, approved by the City’s Solid Waste Management Division, for each office and
facility. Literature describing the City recycling programs is available from the City’s Solid
Waste Management Division and by calling the 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.
(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
DocuSign Envelope ID: 2B41A2BD-3FDC-4537-BEEA-425C8C8AFE0C
DPU-S Eng. CSA, Short Form T&M – Contingency (01-2023)
-7-
Consultant pertaining to the Project shall be available for the purpose of making audits,
examinations, excerpts, and transcriptions for the same period of time. If any litigation,
claim, negotiations, audit or other action is commenced before the expiration of said time
period, all records shall be retained and made available to the City until such action is
resolved, or until the end of said time period whichever shall later occur. If the Consultant
should subcontract all or any portion of the services to be performed under this
Agreement, the Consultant shall cause each subcontractor to also comply with the
requirements of this paragraph. This Section 11(b) shall survive expiration or termination
of this Agreement.
(c) Prior to execution of this Agreement by the City, the Consultant shall
have provided evidence to the City that the Consultant is licensed to perform the services
called for by this Agreement (or that no license is required). If the Consultant should
subcontract all or any portion of the work or services to be performed under this
Agreement, the Consultant shall require each subcontractor to provide evidence to the
City that subcontractor is licensed to perform the services called for by this Agreement
(or that no license is required) before beginning work.
12. Nondiscrimination. To the extent required by controlling federal, state and
local law, the Consultant shall not employ discriminatory practices in the provision of
services, employment of personnel, or in any other respect on the basis of race, religious
creed, color, national origin, ancestry, physical disability, mental disability, medical
condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled
veteran or veteran of the Vietnam era. Subject to the foregoing and during the
performance of this Agreement, the Consultant agrees as follows:
(a) The Consultant will comply with all applicable laws and regulations
providing that no person shall, on the grounds of race, religious creed, color, national
origin, ancestry, physical disability, mental disability, medical condition, marital status,
sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the
Vietnam era be excluded from participation in, be denied the benefits of, or be subject to
discrimination under any program or activity made possible by or resulting from this
Agreement.
(b) The Consultant will not discriminate against any employee or
applicant for employment because of race, religious creed, color, national origin, ancestry,
physical disability, mental disability, medical condition, marital status, sex, age, sexual
orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. The
Consultant shall ensure that applicants are employed, and the employees are treated
during employment, without regard to their race, religious creed, color, national origin,
ancestry, physical disability, mental disability, medical condition, marital status, sex, age,
sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era.
Such requirement shall apply to the Consultant’s employment practices including, but not
be limited to, the following: employment, upgrading, demotion or transfer; recruitment or
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
DocuSign Envelope ID: 2B41A2BD-3FDC-4537-BEEA-425C8C8AFE0C
DPU-S Eng. CSA, Short Form T&M – Contingency (01-2023)
-8-
employees placed by or on behalf of the Consultant in pursuit hereof, state that all
qualified applicants will receive consideration for employment without regard to race,
religious creed, color, national origin, ancestry, physical disability, mental disability,
medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a
disabled veteran or veteran of the Vietnam era.
(d) The Consultant will send to each labor union or representative of
workers with which it has a collective bargaining agreement or other contract or
understanding, a notice advising such labor union or workers' representatives of the
Consultant’s commitment under this section and shall post copies of the notice in
conspicuous places available to employees and applicants for employment.
(e) If the Consultant should subcontract all or any portion of the services
to be performed under this Agreement, the Consultant shall cause each subcontractor to
also comply with the requirements of this Section 12.
13. Independent Contractor.
(a) In the furnishing of the services provided for herein, the Consultant
is acting solely as an independent contractor. Neither the Consultant, nor any of its
officers, agents, or employees shall be deemed an officer, agent, employee, joint
venturer, partner, or associate of the City for any purpose. The City shall have no right
to control or supervise or direct the manner or method by which the Consultant shall
perform its work and functions. However, the City shall retain the right to administer this
Agreement so as to verify that the Consultant is performing its obligations in accordance
with the terms and conditions thereof.
(b) This Agreement does not evidence a partnership or joint venture
between the Consultant and the City. The Consultant shall have no authority to bind the
City absent the City’s express written consent. Except to the extent otherwise provided
in this Agreement, the Consultant shall bear its own costs and expenses in pursuit thereof.
(c) Because of its status as an independent contractor, the Consultant
and its officers, agents, and employees shall have absolutely no right to employment
rights and benefits available to City employees. The Consultant shall be solely liable and
responsible for all payroll and tax withholding and for providing to, or on behalf of, its
employees all employee benefits including, without limitation, health, welfare and
retirement benefits. In addition, together with its other obligations under this Agreement,
the Consultant shall be solely responsible, indemnify, defend and save the City harmless
from all matters relating to employment and tax withholding for and payment of the
Consultant’s employees, including, without limitation, (i) compliance with Social Security
and unemployment insurance withholding, payment of workers’ compensation benefits,
and all other laws and regulations governing matters of employee withholding, taxes and
payment; and (ii) any claim of right or interest in the City employment benefits,
entitlements, programs and/or funds offered employees of the City whether arising by
reason of any common law, de facto, leased, or co-employee rights or other theory. It is
acknowledged that during the term of this Agreement, the Consultant may be providing
services to others unrelated to the City or to this Agreement.
14. Notices. Any notice required or intended to be given to either party under
the terms of this Agreement shall be in writing and shall be deemed to be duly given if
DocuSign Envelope ID: 2B41A2BD-3FDC-4537-BEEA-425C8C8AFE0C
DPU-S Eng. CSA, Short Form T&M – Contingency (01-2023)
-9-
delivered personally, transmitted by facsimile followed by telephone confirmation of
receipt, or sent by United States registered or certified mail, with postage prepaid, return
receipt requested, addressed to the party to which notice is to be given at the party's
address set forth on the signature page of this Agreement or at such other address as the
parties may from time to time designate by written notice. Notices served by United
States mail in the manner above described shall be deemed sufficiently served or given
at the time of the mailing thereof.
15. Binding. Subject to Section 16, below, once this Agreement is signed by all
parties, it shall be binding upon, and shall inure to the benefit of, all parties, and each
parties' respective heirs, successors, assigns, transferees, agents, servants, employees,
and representatives.
16. Assignment.
(a) This Agreement is personal to the Consultant and there shall be no
assignment by the Consultant of its rights or obligations under this Agreement without the
prior written approval of the City Manager or designee. Any attempted assignment by the
Consultant, its successors or assigns, shall be null and void unless approved in writing
by the City Manager or designee.
(b) The Consultant hereby agrees not to assign the payment of any
monies due the Consultant from the City under the terms of this Agreement to any other
individual(s), corporation(s) or entity(ies). The City retains the right to pay any and all
monies due the Consultant directly to the Consultant.
17. Compliance With Law. In providing the services required under this
Agreement, the Consultant shall at all times comply with all applicable laws of the United
States, the State of California and the City, and with all applicable regulations
promulgated by federal, state, regional, or local administrative and regulatory agencies,
now in force and as they may be enacted, issued, or amended during the term of this
Agreement.
18. Waiver. The waiver by either party of a breach by the other of any provision
of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent
breach of either the same or a different provision of this Agreement. No provisions of this
Agreement may be waived unless in writing and signed by all parties to this Agreement.
Waiver of any one provision herein shall not be deemed to be a waiver of any other
provision herein.
19. Governing Law and Venue. This Agreement shall be governed by, and
construed and enforced in accordance with, the laws of the State of California, excluding,
however, any conflict of laws rule which would apply the law of another jurisdiction. Venue
for purposes of the filing of any action regarding the enforcement or interpretation of this
Agreement and any rights and duties hereunder shall be Fresno County, California.
20. Headings. The section headings in this Agreement are for convenience and
reference only and shall not be construed or held in any way to explain, modify or add to
the interpretation or meaning of the provisions of this Agreement.
21. Severability. The provisions of this Agreement are severable. The
invalidity, or unenforceability of any one provision in this Agreement shall not affect the
other provisions.
DocuSign Envelope ID: 2B41A2BD-3FDC-4537-BEEA-425C8C8AFE0C
DPU-S Eng. CSA, Short Form T&M – Contingency (01-2023)
-10-
22. Interpretation. The parties acknowledge that this Agreement in its final form
is the result of the combined efforts of the parties and that, should any provision of this
Agreement be found to be ambiguous in any way, such ambiguity shall not be resolved
by construing this Agreement in favor of or against either party, but rather by construing
the terms in accordance with their generally accepted meaning.
23. Attorney's Fees. If either party is required to commence any proceeding or
legal action to enforce or interpret any term, covenant or condition of this Agreement, the
prevailing party in such proceeding or action shall be entitled to recover from the other
party its reasonable attorney's fees and legal expenses.
24. Exhibits. Each exhibit and attachment referenced in this Agreement is, by
the reference, incorporated into and made a part of this Agreement.
25. Precedence of Documents. In the event of any conflict between the body
of this Agreement and any exhibit or attachment hereto, the terms and conditions of the
body of this Agreement shall control and take precedence over the terms and conditions
expressed within the exhibit or attachment. Furthermore, any terms or conditions
contained within any exhibit or attachment hereto which purport to modify the allocation
of risk between the parties, provided for within the body of this Agreement, shall be null
and void.
26. Cumulative Remedies. No remedy or election hereunder shall be deemed
exclusive but shall, wherever possible, be cumulative with all other remedies at law or in
equity.
27. No Third Party Beneficiaries. The rights, interests, duties and obligations
defined within this Agreement are intended for the specific parties hereto as identified in
the preamble of this Agreement. Notwithstanding anything stated to the contrary in this
Agreement, it is not intended that any rights or interests in this Agreement benefit or flow
to the interest of any third parties.
28. Extent of Agreement. Each party acknowledges that they have read and
fully understand the contents of this Agreement. This Agreement represents the entire
and integrated agreement between the parties with respect to the subject matter hereof
and supersedes all prior negotiations, representations or agreements, either written or
oral. This Agreement may be modified only by written instrument duly authorized and
executed by both the City and the Consultant.
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.]
DocuSign Envelope ID: 2B41A2BD-3FDC-4537-BEEA-425C8C8AFE0C
DPU-S Eng. CSA, Short Form T&M – Contingency (01-2023)
-11-
IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno,
California, the day and year first above written.
CITY OF FRESNO,
a California municipal corporation
By:
Brock D. Buche, PE, PLS,
Director of Public Utilities
ATTEST:
TODD STERMER, CMC
City Clerk
By:
Deputy
No signature of City Attorney required.
Standard Document #DPU-S Eng.
CSA, Short Form T&M - Contingency
(01-2023) has been used without
modification, as certified by the
undersigned.
By:
Patricia Diep
Supervising Engineering Technician
Department of Public Utilities
REVIEWED BY:
Jesus A Gonzalez, PE,
Assistant Director
Department of Public Utilities
Addresses:
CITY:
City of Fresno
Attention: Patricia Diep,
Supervising Engineering Technician
1626 E Street
Fresno, CA 93706
Phone: (559) 621-1609
Facsimile (559)
E-mail: Patricia.diep@fresno.gov
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)
Any Applicable Professional License:
Number:
Name:
Date of Issuance:
CONSULTANT:
Carollo Engineers, Inc.
Attention: Paul Amico, Vice President
1401 Fulton Street, Suite 802
Fresno, CA 93721
Phone: (559) 436-6616
Facsimile” (559) 436-1191
E-mail pamico@carollo.com
DocuSign Envelope ID: 2B41A2BD-3FDC-4537-BEEA-425C8C8AFE0C
January 23, 2003
Paul Amico
C64648
Paul Amico
Vice President
Secretary
Michael Barnes
DPU-S Eng. CSA, Short Form T&M – Contingency (01-2023)
-12-
Attachments:
1. Exhibit A - Scope of Services
2. Exhibit B - Insurance Requirements
3. Exhibit C - Conflict of Interest Disclosure Form
DocuSign Envelope ID: 2B41A2BD-3FDC-4537-BEEA-425C8C8AFE0C
DPU-S Eng. CSA, Short Form T&M – Contingency (01-2023)
Page 1 of 3
EXHIBIT A
SCOPE OF SERVICES
Consultant Service Agreement between City of Fresno (City)
and Carollo Engineers, Inc. (Consultant)
North Fresno Wastewater
Reclamation Facility Expansion Feasibility Study
PART 1: Project Management
1.1: Project Management
• Project Manager will manage the project as necessary to support project tasks
and oversee project schedule, budget, and scope.
• Prepare detailed monthly billing and status reports, which will be delivered
electronically.
1.2: Meetings
• Consultant will conduct a kickoff meeting with the City project team to discuss
project objectives, scope of services, approach, schedule coordination
procedures, and available data.
• The kickoff meeting will be held in person. Attendees will include the PM and PE.
Other key discipline leads may attend remotely.
• Recurring meetings with the City will be held monthly for a project duration of 8
months. Attendees will include the PM, PE, and key discipline leads as
appropriate.
• Consultant will prepare meeting agendas and minutes and distribute
electronically.
1.3: Stakeholder Coordination
• Consultant will coordinate with agencies and stakeholders that may influence the
growth scenarios or the effluent disposal evaluation. One coordination is included
for each stakeholder of the effluent use options. This does not include a larger
public outreach campaign.
PART 2: Collection System Modeling
• Consultant will determine when the flow projections for each growth scenario exceed
the capacity of the downstream sewer.
• The three proposed options to evaluate are development just north of Copper
Avenue, North of Copper Avenue and a portion that is tied into the facility just
South of Copper Avenue, and lastly North and South of Copper Avenue with
mixed use included North of Copper Avenue.
• The most recent calibrated sewer system hydraulic model will be provided by the
City.
• The hydraulic modeling and flow projections analysis will be summarized in a
chapter, which will be delivered electronically.
DocuSign Envelope ID: 2B41A2BD-3FDC-4537-BEEA-425C8C8AFE0C
DPU-S Eng. CSA, Short Form T&M – Contingency (01-2023)
Page 2 of 3
PART 3: Condition Assessment
• The City will make available to the project team all available reference
documentation related to the facility.
• An onsite investigation will be conducted by three members of the project team.
Attendees include a structural engineer, key process engineer, and PE. Key City
staff will be available to host the project team and engage in discussion.
• Predict the useful life of key components within the facility based on the condition
assessment and document review.
• The condition assessment findings and recommendations will be summarized in a
chapter, which will be delivered electronically.
PART 4: Design Alternatives for Expansion
• Based on initial findings from the sewer system hydraulic modeling and condition
assessment, up to three treatment alternatives will be selected to be evaluated in
detail. Evaluation will be conducted for the most conservative flow projection
scenario. Evaluation will include life-cycle costs (capital and O&M) and non-financial
evaluation, including treatment efficiency, ease of operation, and regulatory
consideration.
• Identify advantages and disadvantages and a qualitative cost comparison for each
of the effluent discharge options listed below.
• Expand existing golf course irrigation/storage
• Tie-in Fresno Metropolitan Flood Control District storage ponds
• Groundwater augmentation
• Additional recycled water irrigation uses on City owned property within a 3-mile
radius of the NFWRF (e.g Woodward Park)
• Additional recycled water use/disposal at industrial sites within a 2-mile radius
of NFWRF (e.g. Vulcan sand and gravel mine)
• The treatment technology and effluent alternatives analysis will be summarized
along with findings and recommendations into a chapter, which will be delivered
electronically.
PART 5: Final Feasibility Study
• An executive summary and the sewer system hydraulic modeling, condition
assessment, and alternative analysis chapters will be combined into a final feasibility
study report. Up to three hard copies and a PDF of the final deliverable will be
provided to the City.
• Consultant will compile City comments and document responses in a comment log.
prior to addressing and incorporating comments into the Final Deliverable.
• A review workshop will be conducted to discuss comments and gather City staff
input. The review workshop will be held remotely and includes up to four members
of the project team to be in attendance. Attendees will include the PM, PE, and key
discipline leads.
DocuSign Envelope ID: 2B41A2BD-3FDC-4537-BEEA-425C8C8AFE0C
DPU-S Eng. CSA, Short Form T&M – Contingency (01-2023)
Page 3 of 3
SCHEDULE OF FEES
Engineers/Scientists Hourly Rate
Assistant Professional $200.00
Professional $251.00
Project Professional $296.00
Lead Project Professional $314.00
Senior Professional $339.00
Technicians
Technicians $150.00
Senior Technicians $218.00
Support Staff
Document Processing / Clerical $127.00
Project Equipment Communication Expense $14.00
(PECE) Per DL Hour
Other Direct Expenses
Travel and Sustenance at cost
Mileage at IRS Reimbursement Rate $.655 per mile
Effective January 1, 2023
Subconsultant cost + 10%
Other Direct Cost cost + 10%
Expert Witness Rate x 2.0
This fee schedule is subject to annual revisions due to labor adjustments.
Actual increase will be negotiated with the City and will not exceed 6%.
DocuSign Envelope ID: 2B41A2BD-3FDC-4537-BEEA-425C8C8AFE0C
DPU-S Eng. CSA, Short Form T&M – Contingency (01-2023)
Page 1 of 4
EXHIBIT B
INSURANCE REQUIREMENTS
Consultant Service Agreement between City of Fresno (City)
and Carollo Engineers, Inc. (Consultant)
Feasibility Study for the Expansion of the North Fresno Wastewater
Reclamation Facility
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.
DocuSign Envelope ID: 2B41A2BD-3FDC-4537-BEEA-425C8C8AFE0C
DPU-S Eng. CSA, Short Form T&M – Contingency (01-2023)
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 to 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/ENDORSEMENTS
The General Liability and Automobile Liability insurance policies are to contain, or be
endorsed to contain, the following provisions:
1. The City, its officers, officials, employees, agents, and volunteers are to be
covered as additional insureds. The Consultant shall establish additional
insured status for the City and for all ongoing and completed operations
under the Commercial General Liability 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
DocuSign Envelope ID: 2B41A2BD-3FDC-4537-BEEA-425C8C8AFE0C
DPU-S Eng. CSA, Short Form T&M – Contingency (01-2023)
Page 3 of 4
as that contained in ISO Forms: GC 20 10 11 85 or both CG 20 10 & CG 20
37.
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 completion of the Agreement work or termination of the
Agreement, whichever occurs first.
4. A copy of the claims reporting requirements must be submitted to the City
for review.
5. These requirements shall survive expiration or termination of the
Agreement.
All policies of insurance required herein shall be endorsed to provide that the coverage
shall not be cancelled, non-renewed, reduced in coverage or in limits except after thirty
calendar days’ written notice by certified mail, return receipt requested, has been given
to the City. The Consultant is also responsible for providing written notice to the City under
the same terms and conditions. Upon issuance by the insurer, broker, or agent of a notice
of cancellation, non-renewal, or reduction in coverage or in limits, the Consultant shall
DocuSign Envelope ID: 2B41A2BD-3FDC-4537-BEEA-425C8C8AFE0C
DPU-S Eng. CSA, Short Form T&M – Contingency (01-2023)
Page 4 of 4
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.
Should any of the required policies provide that the defense costs are paid within the
Limits of Liability, thereby reducing the available limits by any defense costs, then the
requirement for the Limits of Liability of these polices will be twice the above stated limits.
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 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.
SUBCONTRACTORS - If the Consultant subcontracts any or all of the services to be
performed under this Agreement, the Consultant shall require, at the discretion of the
City’s Risk Manager or designee, subcontractor(s) to enter into a separate Side
Agreement with the City to provide required indemnification and insurance protection.
Any required Side Agreement(s) and associated insurance documents for the
subcontractor must be reviewed and preapproved by the City Risk Manager or designee.
If no Side Agreement is required, the Consultant will be solely responsible for ensuring
that its subcontractors maintain insurance coverage at levels no less than those required
by applicable law and is customary in the relevant industry.
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 its 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 the
City with a complete copy of any insurance policy required under this Agreement,
including all endorsements, with said copy certified by the underwriter to be a true and
correct copy of the original policy. This requirement shall survive expiration or termination
of this Agreement.
DocuSign Envelope ID: 2B41A2BD-3FDC-4537-BEEA-425C8C8AFE0C
EXHIBIT C
DISCLOSURE OF CONFLICT OF INTEREST
Feasibility Study for the Expansion of the North Fresno Wastewater
Reclamation Facility
YES* NO
1 Are you currently in litigation with the City of Fresno or any of
its agents?
2 Do you represent any firm, organization, or person who is in
litigation with the City of Fresno?
3 Do you currently represent or perform work for any clients who
do business with the City of Fresno?
4 Are you or any of your principals, managers, or professionals,
owners or investors in a business which does business with
the City of Fresno, or in a business which is in litigation with
the City of Fresno?
5 Are you or any of your principals, managers, or professionals,
related by blood or marriage to any City of Fresno employee
who has any significant role in the subject matter of this
service?
6 Do you or any of your subcontractors have, or expect to have,
any interest, direct or indirect, in any other contract in
connection with this Project?
* If the answer to any question is yes, please explain in full below.
Explanation:
Signature
Date
(Name)
(Company)
(Address)
Additional page(s) attached.
(City, State Zip)
DocuSign Envelope ID: 2B41A2BD-3FDC-4537-BEEA-425C8C8AFE0C
X
X
Carollo Engineers, Inc.
X
1401 Fulton Street, Suite 802
Fresno, CA 93721
X
5/16/2023
X
X
16 May 2023
Paul Amico
N/A
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-876 Agenda Date:6/8/2023 Agenda #:
1.-M.
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 Engineering Division
JILL GORMLEY, TE, Traffic Operations and Planning Manager
Public Works Department, Traffic Operations and Planning
SUBJECT
Actions pertaining to on-call professional engineering services for the Public Works Traffic Operations
and Planning Division for bicycle facilities planning (Citywide)
1. Approve an On-Call Consultant Services Agreement with TJKM Transportation Consultants, in
the amount of $100,000
2. Approve an On-Call Consultant Services Agreement with Peters Engineering Group, in the
amount of $100,000
RECOMMENDATION
Staff recommends the City Council approve two On-Call Professional Engineering Services
Agreement between the City of Fresno (City) and 1) TJKM Transportation Consultants and 2) Peters
Engineering Group, collectively (Consultants) to provide professional engineering services for the
Public Works Traffic Operations and Planning Division on city bicycle facility projects, for two-year
terms, to be reimbursed for hours worked at the hourly rates specified in the Schedule of Fees
included in the Consultants’ respective agreements, not to exceed $100,000, with no guarantee
expressed or implied that the $100,000 amount will be authorized under any of the two respective
agreements, and Authorize the Public Works Director or designee to execute both agreements on
behalf of the City.
EXECUTIVE SUMMARY
Staff recognizes the need for bicycle facilities that balance safety, access and mobility for bicyclists of
all ages and abilities. Planning and designing a network of bicycle facilities throughout the City is a
priority for the City, as identified in the goals of the General Plan and the Active Transportation Plan.
Due to the increase in project workload and the commonality of the improvements included in these
projects, staff is recommending the proposed on-call agreements as a solution to efficiently deliver
these projects. The consultant’s proposed scope of services includes various professional
engineering services that will support City staff with grant preparation, transportation infrastructure
City of Fresno Printed on 6/2/2023Page 1 of 3
powered by Legistar™
06/08/2023
MA/MK 6-0
TM ABSENT
APPROVED ON CONSENT
File #:ID 23-876 Agenda Date:6/8/2023 Agenda #:
1.-M.
engineering services that will support City staff with grant preparation,transportation infrastructure
design,and traffic operations projects.The Department has performed a qualification-based hiring
process and has selected two firms to perform these necessary services on an on-call basis.
Upon approval and execution of the Agreements,projects will be identified,a Request for Proposal
(RFP)will be issued to both Consultants,and project-by-project Task Orders will be issued based on
the most qualified consultant for the project.The funding for these services will come from Measure
C bicycle funds.
BACKGROUND
The growing need for more bicycle facilities has led to the need for on-call consultants to efficiently
develop the planning design documents and support City staff in grant preparation and construction
of facilities.The agreements for On-Call Professional Engineering Services will allow staff to deliver
bicycle projects promptly and more efficiently.The proposed services will include preparation of
conceptual drawings and striping plans,cost estimates,and operational analyses of corridors and
intersections.Hiring consultants to provide these services on a project-by-project basis is time
consuming and creates project initiation delays.Staff recommends approval of the proposed
agreements in order to improve efficiencies and project timelines to perform the professional
engineering services for the City’s capital programs.
In accordance with Administrative Order (A.O.)6-19,staff sent out Request for Qualifications (RFQ)
for professional engineering services on January 13,2023,via Planet Bids,email,and published in
the Business Journal.At the closing of the advertisement period on February 10,2023,the RFQ
received five responses.City staff evaluated each Statement of Qualifications (SOQ)and determined
all submittals were qualified to move into the interview process.One firm denied the interview.The
remaining four SOQ’s were evaluated and ranked and each consultant team was interviewed.At the
conclusion of the evaluation period TJKM Transportation Consultants and Peters Engineering Group
were selected as the most qualified consultants for these services.
Staff is recommending the City Council Approve two agreements with 1)TJKM Transportation
Consultants,and 2)Peters Engineering Group for Professional Engineering Services,each with two-
year terms and a total compensation not to exceed $100,000 individually,with no guarantee
expressed or implied that $100,000 will be authorized under any respective agreement,to provide
various professional engineering services for the Public Works Traffic Operations and Planning
Division on City capital projects,and authorize the Public Works Director or designee to execute the
agreement, approved as to form by the City Attorney’s Office, on behalf of the City.
ENVIRONMENTAL FINDINGS
By the definition provided in the California Environmental Quality Act (CEQA)Guidelines Section
15378, the award of these contracts does not qualify as a “project.”
LOCAL PREFERENCE
Local preference was implemented in the consultant selection process.
City of Fresno Printed on 6/2/2023Page 2 of 3
powered by Legistar™
File #:ID 23-876 Agenda Date:6/8/2023 Agenda #:
1.-M.
FISCAL IMPACT
These agreements have no immediate impact to the General Fund and the agreements will service
projects in all Council Districts.All funding necessary for the services of the proposed agreements
will be appropriated under Measure C bicycle funds.
Attachment(s):
Consulting Services Agreement - TJKM Transportation Consultants
Consulting Services Agreement - Peters Engineering Group
City of Fresno Printed on 6/2/2023Page 3 of 3
powered by Legistar™
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-902 Agenda Date:6/8/2023 Agenda #:
1.-N.
REPORT TO THE CITY COUNCIL
FROM:SCOTT L. MOZIER, PE, Director
Public Works Department
AARON A. AGUIRRE, Director
Parks, After School, Recreation, and Community Services Department
BY:RANDALL W. MORRISON, PE, Assistant Director
Public Works Department, Engineering Division
HARLAVPREET S. BRAR, PE, Professional Engineer
Public Works Department, Site Development Project Management Section
SUBJECT
Approve an agreement for professional engineering services with Quad Knopf Inc., of Fresno,
California for $108,750, with a $10,000 contingency, for design and construction support services for
the Vinland Park Pickleball Court Project (Council District 4)
RECOMMENDATION
Staff recommends City Council approve a consultant services agreement with Quad Knopf Inc. (QK),
of Fresno, California in the amount of $108,750, with a $10,000 contingency, for the design and
preparation of construction documents for the Vinland Park Pickleball Court Project and authorize the
Public Works Director or designee to execute the agreement on behalf of the City of Fresno.
EXECUTIVE SUMMARY
The City of Fresno Parks, After School, Recreation and Community Services Department (PARCS)
proposes to design and construct eight (8) new lighted pickleball courts with fencing, accessible
paths of travel, and associated site furnishings at Vinland Park, located on the northwest corner of
Gettysburg and Woodward Avenues. The project will include a community meeting to present and
receive recommendations to inform the final design.
The contract for professional engineering design services will be funded using American Rescue Plan
Act (ARPA) allocations previously approved by City Council. Council approval of the consultant
agreement between the City and QK is recommended to facilitate development of plans, cost
estimates, and general construction contract documents necessary to complete the project.
City of Fresno Printed on 6/2/2023Page 1 of 3
powered by Legistar™
06/08/2023
NEW FILE ID 23-970
AP RECUSED
MOVED TO JUNE 15, 2023
File #:ID 23-902 Agenda Date:6/8/2023 Agenda #:
1.-N.
BACKGROUND
The PARCS Department proposes to utilize previously allocated ARPA funds to improve the existing
park facilities and enhance the park guest experience at Vinland Park.The project will support the
growth of the pickleball community in the surrounding area and will cultivate an environment that
promotes health and social interaction.
As part of the project,QK will analyze the park’s existing conditions and will develop conceptual
design plans of the pickleball courts.Accessible paths of travel to and from the pickleball courts to an
existing path of travel will be designed,as well as,electrical design plans to support additional
lighting around the courts.The project will include fencing around the courts,and may include site
amenities such as drinking fountains,benches,landscape and irrigation improvements,subject to
funding availability and community input.
In accordance with AO 6-19,staff sent out a request for Statements of Qualifications (SOQs)in
December 2022 via Planet Bids,email,and published in The Business Journal for Pickleball Court
Projects.The request for SOQs was sent out for projects at four (4)different locations including
Woodward Park,Roeding Park,Vinland Park,and Rotary East Park.Four (4)SOQs were received,
and staff interviewed the three (3)qualified respondents between March 6,2023,and March 7,2023.
QK was determined to be the most qualified and responsive based on the consultant interviews.Staff
believes that a separate agreement for each location is the best route forward to meet different
funding and scheduling requirements at each location.Staff negotiated a fee of $108,750,with a
$10,000 contingency,for the preparation of plans,specifications,cost estimates,bidding support
services, and construction support services for this project.
Staff recommends City Council approval of the proposed agreement with QK in the amount of
$108,750,with a $10,000 contingency,for the design and preparation of construction documents for
the Vinland Park Pickleball Court Project and authorize the Public Works Director or designee to
execute the Agreement on behalf of the City.
The City Attorney’s Office has reviewed and approved the proposed agreement as to form.
ENVIRONMENTAL FINDINGS
A consultant agreement for the design of plans and cost estimates is not a “project”pursuant to
California Environmental Quality Act (CEQA) Guidelines § 15378.
LOCAL PREFERENCE
Quad Knopf Inc., is a local business, as defined by the Fresno Municipal Code.
FISCAL IMPACT
The proposed project is in Council District 4.The Vinland Park Pickleball Court Project is funded
through the ARPA appropriations included in the FY23 Annual Appropriations Resolution.
Attachment(s):
City of Fresno Printed on 6/2/2023Page 2 of 3
powered by Legistar™
File #:ID 23-902 Agenda Date:6/8/2023 Agenda #:
1.-N.
Consultant Agreement
Vicinity Map
Location Map
City of Fresno Printed on 6/2/2023Page 3 of 3
powered by Legistar™
IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno, California, on the day and year first above written.
CITY OF FR ESNO, A California municipal corporation
By:------------RANDALL W. MORRISON, PE, Assistant Director Public Works Department
ATTEST: TODD STERMER, CMC City Clerk
By: ------------
Deputy
No signature of City Attorney required. Standard Document #DPW-S Eng. CSA,
Long Form Total Fee -Contingency (11-2022) has been used without modification, as certified by the undersigned.
Harlavpreet S. Brar Professional Eng ineer
REVIEWED BY:
Dlgllatj signed bV FRANC ISM FRANCIS M "'"'·'•-=·--'-·""· CN-FRANCISM, ou-Us&rs. ou-PublicWorks,
OU-�ts,DC•lresno,OC.gcw
Oate:2023.0S.2316:40:16-07"00'
Francisco V. Magos, PE, MBA, QSD Public Works Department
Addresses: CITY: City of Fresno Attention:HarlavpreetS. Brar Professional Engineer 2600 Fresno Street, Room 4016 Fresno, CA 93721-3620 Phone: (559) 621-8616 E-mail: Harlavpreet.Brar@fresno.gov
Quad Knopf, Inc., a California Corporation
Name:
Title: FD
(If corporation or LC., Board Chair,
Pres. or Vice Pres.)
By: (111,b--,_ w Name: Am bl-v-4-ot-ttf 7 0
Title: CPD/ coo
{If corporation or LLC., CFO, Treasurer,
Secretary or Assistant Secretary)
Any Applicable Professional License: Number: -----------Name: ------------Date of Issuance: --------
CONSULTANT: Quad Knopf, Inc.
Attention: Ernie Escobedo Branch Manager
601 Pollasky Avenue, Suite 301 Clovis, CA 93612 Phone: (559) 449-2400 E-mail: Ernie.Escobedo@qkinc.com
DPW-S Eng. CSA, Long Form Total Fee -Contingency (11-2022)
Exhibit A
Page 20 of 30
Whites Bridge
MapleBrawleyHerndon
Bullard
Shaw
ClovisFowlerTemperanceWestPalmClovisFowlerTemperanceDe WolfShields
McKinley
Belmont
ChestnutPeachAmerican
CedarGrantlandHayesElmEastMarksWestWalnutCorneliaNorth
California
Jensen
Ashlan GrantlandHayesCorneliaBrawleyMarksShaw
Bullard
Herndon
Nees
De WolfShields
McKinley
Belmont
California
Jensen
North
Kings Canyon
AshlanPeachBehymer
Copper
Shepherd
NeesBlackstoneFirstCedarChestnutGarfieldBryanPolkBlytheValentineVan NessFruitMaroaFresnoMillbrookMapleWillowDakota
Clinton
Olive
Gettysburg
Barstow
Sierra
Alluvial
Nielsen
Kearney
Muscat
Annadale
Church
WillowMinnewawaMalaga
OrangeBryanSunnysideArmstrongLocanFigCherryHughesFruitPolkValentineBlytheAlluvial
Sierra
Barstow
Perrin
SunnysideArmstrongLocanClinton
Olive
Tulare
Butler
Church
Annadale
DakotaMinnewawaInternational
Teague
Vinland Park
N
0 1.5 30.75
Miles Project ID: PC00351Council District: 4
Vinland Park Pickleball CourtVICINITY MAP
DEPARTMENT OFPUBLIC WORKS District 4
City_Limits
N Woodrow AveN Woodrow AveE Gettysburg AveE Gettysburg Ave
Copyright nearmap 2015
Vinland Park Pickleball Court4695 E. Gettysburg Ave.Fresno CA 93726
Project ID: PC00351
Council District: 4
LOCATION MAPN
0 80 16040
Feet
DEPARTMENT OFPUBLIC WORKS
Exhibit AVinland Park
Legend
Proposed Pickleball Court
Vinland Park
Accessible Path to Court
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-903 Agenda Date:6/8/2023 Agenda #:
1.-O.
REPORT TO THE CITY COUNCIL
FROM:SCOTT L. MOZIER, PE, Director
Public Works Department
AARON A. AGUIRRE, Director
Parks, After School, Recreation, and Community Services Department
BY:RANDALL W. MORRISON, PE, Assistant Director
Public Works Department, Engineering Division
HARLAVPREET S. BRAR, PE, Professional Engineer
Public Works Department, Site Development Project Management
SUBJECT
Approve an agreement for professional engineering services with Quad Knopf Inc., of Fresno,
California for $105,550, with a $10,000 contingency, for design and construction support services for
the Rotary East Park Pickleball Court Project (Council District 6)
RECOMMENDATION
Staff recommends City Council approve a consultant services agreement with Quad Knopf Inc. (QK),
of Fresno, California in the amount of $105,550, with a $10,000 contingency, for the design and
preparation of construction documents for the Rotary East Park Pickleball Court Project and
authorize the Public Works Director or designee to execute the agreement on behalf of the City of
Fresno.
EXECUTIVE SUMMARY
The City of Fresno Parks, After School, Recreation and Community Services Department (PARCS)
proposes to design and construct eight (8) new lighted pickleball courts with fencing, accessible
paths of travel, and associated site furnishings at Rotary East Park, which is located on the northeast
corner of Cedar and Sierra Avenues. The project will include a community meeting to present and
receive recommendations to inform the final design.
The contract for professional engineering design services will be funded using American Rescue Plan
Act (ARPA) allocations previously approved by City Council. Council approval of the consultant
agreement between the City and QK is recommended to facilitate development of plans, cost
estimates, and general construction contract documents necessary to complete the project.
City of Fresno Printed on 6/2/2023Page 1 of 3
powered by Legistar™
06/08/2023
GB/NE 5-0
AP RECUSED
TM ABSENT
APPROVED
File #:ID 23-903 Agenda Date:6/8/2023 Agenda #:
1.-O.
BACKGROUND
The PARCS Department proposes to utilize previously allocated ARPA funds to improve the existing
park facilities and enhance the guest experience at Rotary East Park.The project will support the
growth of the pickleball community in the surrounding area and will cultivate an environment that
promotes health and social interaction.
As part of this project,QK will analyze the park’s existing conditions and will develop conceptual
design plans of the pickleball courts.Accessible paths of travel to and from the pickleball courts to an
existing path of travel will be designed,as well as,electrical design plans in support of additional
lighting around the courts.The project will include fencing around the courts,and may include site
amenities such as drinking fountains,benches,landscape and irrigation improvements subject to
funding availability and community input.
In accordance with AO 6-19,staff sent out a request for Statements of Qualifications (SOQs)in
December 2022 via Planet Bids,email,and published in The Business Journal for Pickleball Court
Projects.The request for SOQs was sent out for projects at four (4)different locations including
Woodward Park,Roeding Park,Vinland Park,and Rotary East Park.Four (4)SOQs were received,
and staff interviewed the three (3)qualified respondents between March 6,2023,and March 7,2023.
QK was determined to be the most qualified and responsive based on the consultant interviews.Staff
believes that a separate agreement for each location is the best route forward to meet different
funding and scheduling requirements at each location.Staff negotiated a fee of $105,550,with a
$10,000 contingency,for the preparation of plans,specifications,cost estimates,bidding support
services, and construction support services for this project.
Staff recommends City Council approve the proposed agreement with QK in the amount of $105,550,
with a $10,000 contingency,for the design and preparation of construction documents for the Rotary
East Park Pickleball Court Project and authorize the Public Works Director or designee to execute
the Agreement on behalf of the City.
The City Attorney’s Office has reviewed and approved the proposed agreement as to form.
ENVIRONMENTAL FINDINGS
A consultant agreement for the design of plans and cost estimates is not a “project”pursuant to
California Environmental Quality Act (CEQA) Guidelines § 15378.
LOCAL PREFERENCE
Quad Knopf Inc., is a local business, as defined by the Fresno Municipal Code.
FISCAL IMPACT
The proposed project is in Council District 6.The Rotary East Park Pickleball Court Project is funded
through the ARPA appropriations included in the FY23 Annual Appropriations Resolution.
City of Fresno Printed on 6/2/2023Page 2 of 3
powered by Legistar™
File #:ID 23-903 Agenda Date:6/8/2023 Agenda #:
1.-O.
Attachment(s):
Consultant Agreement
Vicinity Map
Location Map
City of Fresno Printed on 6/2/2023Page 3 of 3
powered by Legistar™
Whites Bridge
MapleBrawleyHerndon
Bullard
Shaw
ClovisFowlerTemperanceWestPalmClovisFowlerTemperanceDe WolfShields
McKinley
Belmont
ChestnutPeachAmerican
CedarGrantlandHayesElmEastMarksWestWalnutCorneliaNorth
California
Jensen
Ashlan GrantlandHayesCorneliaBrawleyMarksShaw
Bullard
Herndon
Nees
De WolfShields
McKinley
Belmont
California
Jensen
North
Kings Canyon
AshlanPeachBehymer
Copper
Shepherd
NeesBlackstoneFirstCedarChestnutGarfieldBryanPolkBlytheValentineVan NessFruitMaroaFresnoMillbrookMapleWillowDakota
Clinton
Olive
Gettysburg
Barstow
Sierra
Alluvial
Nielsen
Kearney
Muscat
Annadale
Church
WillowMinnewawaMalaga
OrangeBryanSunnysideArmstrongLocanFigCherryHughesFruitPolkValentineBlytheAlluvial
Sierra
Barstow
Perrin
SunnysideArmstrongLocanClinton
Olive
Tulare
Butler
Church
Annadale
DakotaMinnewawaInternational
Teague
Rotary East Park
N
0 1.5 30.75
Miles Project ID: PC00358Council District: 6
Rotary East ParkVICINITY MAP
DEPARTMENT OFPUBLIC WORKS District 6
City_Limits
E P a u l A v eE P a u l A v e
E Sierra AveE Sierra AveN Cedar AveN Cedar AveCopyright nearmap 2015
Rotary East Pickleball Court6464 N Cedar Ave.Fresno CA 93710
Project ID: PC00358
Council District: 6
LOCATION MAPN
0 50 10025
Feet
DEPARTMENT OFPUBLIC WORKS
Exhibit ARotary East Park
Legend
Proposed Pickleball
Court
Rotary East Park
Accessible Path to Court
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-904 Agenda Date:6/8/2023 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 Engineering Division
ADRIAN GONZALEZ, Senior Engineering Technician
Public Works Department, Land Planning Section
SUBJECT
RESOLUTION - Of Intention to Annex Final Tract Map Number 6283 as Annexation Number 145 to
the City of Fresno Community Facilities District Number 11 and to Authorize the Levy of Special
Taxes; and setting the Public Hearing for Thursday, July 20, 2023, at 10:00 am (located on the
southeast corner of North Fowler Avenue and East Dakota Avenue) (Council District 4)
RECOMMENDATION
Adopt Resolution of Intention to Annex Final Tract Map No. 6283 to City of Fresno Community
Facilities District No. 11 (CFD No. 11).
EXECUTIVE SUMMARY
The landowner (Lennar Homes) has petitioned the City of Fresno to have Final Tract Map No. 6283
(136 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 $723.52 per lot annually
for Fiscal Year 2022-2023. Final Tract Map No. 6283 is located entirely within City limits. The
Resolution of Intention begins the process, sets the required public hearing for Thursday, July 20,
2023, at 10:00 am, and defines the steps required to complete the annexation. (See attached
Location and Feature Maps.)
BACKGROUND
Subdivision: 6283
Developer: Lennar Homes
Number of Lots: 136
Maximum Special Tax Per Lot: $723.52
Features: Certain required above ground public improvements; including landscaping and irrigation
systems; concrete and hardscape improvements, paving, streetlights, park hardscaping and
City of Fresno Printed on 6/2/2023Page 1 of 3
powered by Legistar™
06/08/2023
MA/MK 6-0
TM ABSENT
R. 2023-175
APPROVED ON CONSENT
File #:ID 23-904 Agenda Date:6/8/2023 Agenda #:1.-P.
systems;concrete and hardscape improvements,paving,streetlights,park hardscaping and
amenities.
On November 15,2005,the Council of the City of Fresno adopted Council Resolution No.2005-490
forming CFD No.11 to fund public maintenance of landscaping,open spaces,local streets,local
streetlights 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.6283 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,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.6283 is the third and final phase of Tentative Tract Map 6131 (TT6131),is
located entirely within City limits,and is to share equally in the maintenance of all facilities associated
with TT6131.
The attached Resolution initiates the annexation process,sets the public hearing on this matter for
Thursday,July 20,2023,at 10:00 am,sets the Maximum Special Tax at $723.52 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.
City of Fresno Printed on 6/2/2023Page 2 of 3
powered by Legistar™
File #:ID 23-904 Agenda Date:6/8/2023 Agenda #:1.-P.
FISCAL IMPACT
No City funds will be involved.All costs for services will be borne by the property owners within the
subject tract.
Attachment(s):
Location Map
Feature Map
Resolution of Intention
City of Fresno Printed on 6/2/2023Page 3 of 3
powered by Legistar™
BARSTOW GARFIELDBRYANPOLKBLYTHEVALENTINEVAN NESSFRUITSIERRA
ALLUVIAL
GETTYSBURG
DAKOTA
CLINTON
OLIVE
NIELSON
KEARNEY
ANNADALE
INTERNATIONAL
PERRIN
TEAGUE
ALLUVIALMAROAFRESNOMILLBROOKMAPLEWILLOW
MINNEWAWASUNNYSIDEARMSTRONGMAPLEORANGECHERRYFIGCHURCH
BUTLER
TULARE
LOCANDAKOTA
CLINTON
OLIVE
FRUITHUGHESVALENTINEBLYTHEPOLKBRYANN
DEVELOPMENT SERVICES DIVISION
FINAL TRACT MAP NO. 6283
DISTRICT 4
ANNEXATION NO. 145
COMMUNITY FACILITIES DISTRICT NO. 11
NORTH FOWLER AVENUE EAST DAKOTA AVENUENNORTH FOWLER AVENUENORTH BURGAN AVENUENORTH LAVERNE AVENUEEAST ROBINSON AVENUEN McARTHUR AVEEAST DAKOTA AVENUE
NORTH McARTHUR AVENUEEAST GIAVANNA AVENUE
EAST RAMONA AVENUE
FINAL TRACT MAP NO. 6283
BUFFERS/PARKWAYS/MEDIAN
TREES & SHRUBS = 60,005 SF
FEATURES TO BE ADDED BY ANNEXATION NO. 145
COMMUNITY FACILITIES DISTRICT NO. 11
DEVELOPMENT SERVICES DIVISION
N
STREET LIGHTS:
LOCAL STREET PAVEMENT:
CONCRETE IMPROVEMENTS:
LANDSCAPE AND IRRIGATION:
INTERIOR RESIDENTIAL = 154,431 SF
TOTAL = 56 EACH
CURB & GUTTER = 11,525 LF
VALLEY GUTTER = 1,335 SF
SIDEWALK & CURB RAMPS = 71,702 SF
OUTLOT HARDSCAPE AND AMENITIES:
TURF & BEDS
GROUND COVER = 25,866 SF
STAMPED CONCRETE = 4,595 SF
MEDIAN CURB = 2,259 LF
SMALL TREES = 66 EACH
LARGE TREES = 95 EACH *CONCRETE WALKS & PADS = 7,807 SF
*BENCHES = 2 EACH
*TRASH RECEPTACLE = 1 EACH
1 of 6
Date Adopted:
Date Approved:
Effective Date:
City Attorney Approval: HT Resolution No.
RESOLUTION NO. ____________
A RESOLUTION OF THE COUNCIL OF THE CITY OF
FRESNO, CALIFORNIA, OF INTENTION TO ANNEX FINAL
TRACT MAP NO. 6283 AS ANNEXATION NO. 145 TO THE
CITY OF FRESNO COMMUNITY FACILITIES DISTRICT NO.
11 AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES
WHEREAS, the City of Fresno (City) is a charter city and municipal corporation
duly created and existing under the Constitution and laws of the State of California; and
WHEREAS, under the City of Fresno Special Tax Financing Law, Chapter 8,
Division 1, Article 3, of the Fresno Municipal Code (City Law), this Council, as the
legislative body for the community facilities district and any annexation thereto, has the
authority to establish a community facilities district and annex property to the community
facilities district; and
WHEREAS, on November 15, 2005, the Council of the City of Fresno (Council)
adopted Council Resolution No. 2005-490 establishing the City of Fresno Community
Facilities District No. 11 (CFD No. 11); and
WHEREAS, the original boundaries of CFD No. 11 are shown on the 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, County of Fresno, California, a copy of which is on file in the Office of the City
Clerk of the City of Fresno (City Clerk); and
WHEREAS, the territory encompassing the existing CFD No. 11 is attached hereto
as Exhibit A and incorporated herein by this reference; and
2 of 6
WHEREAS, the landowner of Final Tract Map No. 6283 has formally petitioned the
City to annex Final Tract Map No. 6283 to CFD No. 11, and the area proposed for
annexation to CFD No. 11 is attached hereto as Exhibit B and incorporated herein by this
reference; and
WHEREAS, the types of public services provided in the existing CFD No. 11
(Services) are specified in the document attached hereto as Exhibit C, Page C-2, and
incorporated herein by this reference; and
WHEREAS, the types of Services to be provided to Annexation No. 145 by CFD
No. 11, are specified in the document attached hereto as Exhibit C, Page C-1, and
incorporated herein by this reference; and
WHEREAS, Annexation No. 145, Final Tract Map No. 6283 is located entirely
within the limits of the City of Fresno; and
WHEREAS, CFD No. 11 and Annexation No. 145 will share costs proportionately
for Services provided by the City; and
WHEREAS, Annexation No. 145 is Phase 3 of a larger area represented by
Vesting Tentative Map No. 6131 (TT6131), and will share Services in common with all
areas within TT6131; and
WHEREAS, other areas within TT6131, concurrently with becoming final maps,
have been or may be annexed to CFD No. 11, and the taxable property within A nnexation
No. 145 and the taxable property within the other annexed final maps within TT 6131 will
share the costs of Services provided by CFD No. 11.
3 of 6
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as
follows:
1. Recitals. The forgoing recitals are true and correct.
2. Proposed Annexation No. 145 Boundaries. The proposed boundaries of
Annexation No. 145 are as shown on the map (copy attached as Exhibit B) on file with
the City Clerk. The boundaries, shown in Annexation Map No. 145, for the territory
proposed to be annexed, are preliminarily approved. The City Clerk is directed to record
Annexation Map No. 145, or cause it to be recorded, in the Office of the Recorder, Fresno
County, California within ten days after the adoption date of this resolution.
3. Services. The operation and reserves for maintenance (Services)
proposed to be financed in Annexation No. 145 are listed on Page C-1 of Exhibit C,
attached hereto and incorporated herein by this reference.
4. Special Taxes. Except to the extent that funds are otherwise available to
CFD No. 11 to pay for the Services in Annexation No. 145, a special tax sufficient to pay
the costs (Special Tax) thereof, secured by recording a continuing lien against all
nonexempt real property in Annexation No. 145 will be levied annually within Annexation
No. 145, and collected in the same manner as ordinary ad valorem property taxes, or in
any other manner as this Council or its designee shall determine, including direct billing
of the affected property owners. The proposed rate and method of apportionment of the
Special Tax among the real property parcels within Annexation No. 145 are described in
sufficient detail for each landowner within Annexation No. 145 to estimate the maximum
amount each owner will have to pay, in Exhibit D, attached hereto and incorporated herein
by this reference.
4 of 6
5. District Annexation Report. The Director of Public Works Department, as
the officer having charge and control of the Services in and for CFD No. 11, or designee,
is directed to study the proposed Services and to make, or cause to be made, and filed
with the City Clerk a report of CFD NO. 11, Annexation No. 145 (District Report), in writing
presenting the following:
a. A description of the Services by type required to adequately meet the
needs of CFD No. 11, Annexation No. 145.
b. An estimate of the fair and reasonable cost of the Services including
the cost of acquiring land, rights-of-way and easements, costs of any physical
services required in conjunction therewith, and incidental expenses in connection
therewith.
c. Describe any plan for Services that will be provided in common with
the existing district and/or any territory that may be annexed.
d. If the Special Tax levied within the territory proposed to be annexed
is higher or lower than the existing CFD No. 11, identify the extent and reasons
why the costs to provide Services in that territory are higher or lower th an those
provided in the existing CFD No. 11. Specify any alteration in the special tax rate
levied within the existing CFD No. 11 because of the proposed annexation.
e. The CFD No. 11, Annexation No. 145 District Report shall be made
a part of the record of the public hearing specified below.
6. Single Ballot. The propositions to set the appropriations limit and to
approve the levy of the Special Tax shall be combined into a single ballot and submitted
to the voters pursuant to City Law.
5 of 6
7. Public Hearing. Thursday, July 20, 2023, at 10:00 a.m., is fixed as the
date and time, in the City Council Chambers, 2600 Fresno Street, Fresno, California, that
this Council, the legislative body for CFD No. 11, will conduct a public hearing on the
annexation of Final Tract Map No. 6283 and will consider and finally determine whether
the public interest, convenience and necessity require the annexation and the levy of the
Special Tax.
8. Public Notice. The City Clerk is directed to cause notice of the public
hearing to be given by publication once in a newspaper of general circulation published
in the area of CFD No. 11. The publication shall be complete at least seven days before
the hearing date set herein. The notice shall be in the form specified by Sections 53339.4
and 53322 of Chapter 2.5 of the California Government Code.
9. This Resolution shall be effective upon final approval.
Attachments:
Exhibit A: Original Boundaries of CFD No. 11
Exhibit B: Annexation Map No. 145
Exhibit C: Description of Services
Exhibit D: Rate and Method of Apportionment of Special Tax
6 of 6
* * * * * * * * * * * * * *
STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss.
CITY OF FRESNO )
I, 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 :
TODD STERMER, CMC
City Clerk
BY:
Date
Deputy
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
BY:
Heather Thomas Date
Deputy City Attorney
BlackstoneNees
Herndon
Bullard
Shaw
Ashlan
Shields
McKinley
Belmont
Whites Bridge
Alluvial
Sierra
Barstow
Gettysburg
Dakota
Clinton
Olive GarfieldBryanGrantlandChateau FresnoHayesPolkCorneliaBlytheBrawleyValentineMarksVan NessWestFruitPalmFresnoFirstMillbrookCedarMapleChestnutWillowPeachAshlan
Dakota
Shields
Clinton
McKinley
Olive
Belmont
Tulare
Butler
California
Church
Jensen
Annadale
North
Kings CanyonMaroaInternational
Copper
Behymer
Shepherd
Nees
Herndon
Bullard
Shaw
Gettysburg
Teague
Alluvial
Sierra
Barstow
Perrin
ClovisSunnysideFowlerArmstrongTemperanceLocanClovisFowlerTemperanceSunnysideLocanArmstrongChestnutPeachWillowMinnewawaMalaga
American
CedarOrangeMapleElmEastFigCherryMarksWestWalnutHughesFruitGrantlandHayesCorneliaBryanPolkBrawleyValentineBlytheKearney
Muscat
North
Annadale
Muscat
Central
California
Jensen
Church
Central
Nielsen
·|}þ41
CITY OF FRESNO
MAINTENANCE
CFD11 ANNEXATION
·|}þ41
·|}þ180
·|}þ168
·|}þ99
·|}þ99
·|}þ180
Legend
State Routes
Rail Road
Street Centerline
CFD11
City Boundary Limits
µ
Exhibit A
Date: 3/13/2015
FINAL TRACTMAP NO. 6283CITY OF FRESNO - Public Works DepartmentANNEXATION MAP NO. 145 OFCOMMUNITY FACILITIES DISTRICT NO. 11OF THE CITY OF FRESNO, FRESNO COUNTY,CALIFORNIACFD11 145 A11-P-1486REFERENCE: BOUNDARY MAP OF CITY OF FRESNO COMMUNITY FACILITIESDISTRICT NO. 11, RECORDED NOVEMBER 8, 2005 AT BOOK 41, PAGE 61 OFASSESSMENT AND COMMUNITY FACILITIES DISTRICTS IN THE OFFICE OF THERECORDER IN THE COUNTY OF FRESNO, STATE OF CALIFORNIADOC.FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF FRESNO THIS DAYOF , 2023.ATTEST:TODD STERMER, CMCCITY CLERK OF THE CITY OF FRESNOBY: DEPUTYI HEREBY CERTIFY THAT THE ANNEXATION MAP NO. 145 OF THE COMMUNITYFACILITIES DISTRICT NO. 11, CITY OF FRESNO, COUNTY OF FRESNO, STATE OFCALIFORNIA WAS ADOPTED BY THE COUNCIL OF THE CITY OF FRESNO BYRESOLUTION NO. 2023- ON , 2023.ATTEST:TODD STERMER, CMCCITY CLERK OF THE CITY OF FRESNOBY: DEPUTYTHIS ANNEXATION MAP NO. 145 OF THE CITY OF FRESNO COMMUNITYFACILITIES DISTRICT NO. 11, WAS FILED THIS DAY OF , 2023AT THE HOUR OF O'CLOCK M AT BOOK 46, PAGE OF MAPS OFASSESSMENT AND COMMUNITY FACILITIES DISTRICTS IN THE OFFICE OF THECOUNTY RECORDER IN THE COUNTY OF FRESNO, STATE OF CALIFORNIAPAUL DICTOS, C.P.A.COUNTY RECORDER OF THE COUNTY OF FRESNOBY:NTERRITORY TO BE ANNEXEDTO THE CITY CFD NO. 11BOUNDARY LINE OF NEWTERRITORYNOTE: FOR PARCEL DIMENSIONS, SEE ASSESSOR'S MAP BOOK PAGESEXEMPT FROM SB2 FEES PER GOVERNMENT CODE SECTION 27388.1(a)(2)(D)EXHIBIT B
EXHIBIT C
C-1
City of Fresno
Community Facilities District No. 11
Annexation No. 145
Description of Services to be Financed by Community Facilities District No. 11
for Annexation No. 145 (Final Tract Map No. 6283)
The operations and reserves for the maintenance of certain required improvements (Services)
that are to be financed by Community Facilities District No. 11 (CFD No. 11) for Final Tract Map
No. 6283, Annexation No. 145 are generally as described below.
The Services will include all costs (including reserves for replacement) attributable to
maintaining, servicing, cleaning, repairing and/or replacing landscaped areas and trees in public
street rights-of-way, public landscape easements, public open spaces and other similar
landscaped areas officially dedicated for public use.
General maintenance will include, without limitation, mowing, edging, fertilizing, aerating and
watering grass areas, repairing and replacing irrigation systems as necessary; staking, pruning,
replacing and spraying of trees and shrubs; removing litter, debris, and garbage.
Services shall include all costs attributable to cleaning, maintaining, servicing, repairing and/or
replacing all ground level infrastructure (including reserves for replacement) within dedicated
public easements and outlots. Such facilities include, without limitation, concrete curbs, gutters,
valley gutters, curb ramps and sidewalks, street name signage , street lighting, and local street
paving associated with this subdivision. Such facilities may also include, without limitation, all
hardscaping and park amenities and structures associated with the subdivision.
Services shall include all costs attributable to street lighting services.
Maintenance costs will include a proportionate share of all other expenses that the City of Fresno
(City) may incur in administering CFD No. 11.
All Services shall be provided by the City, with its own forces or by contract with third parties, or
any combination thereof, to be determined entirely by the City.
Nothing in this exhibit or any other exhibit or provision of this Resolution shall be construed as
committing the City or CFD No. 11 to provide all of the authorized Services or to provide for the
payment of or reimbursement for all of the authorized incidental expenses. The provision of
Services and/or payment or reimbursement of incidental expenses shall be subject to the
successful annexation of Annexation No. 145 to CFD No. 11 and the availability of sufficient
proceeds of Special Taxes within CFD No. 11.
EXHIBIT C
C-2
City of Fresno
Community Facilities District No. 11
Formation
Description of Services currently financed by Community Facilities District No. 11
The services that are to be financed (Services) by Community Facilities District No. 11 (CFD No.
11) are any and all Services defined by City of Fresno Speci al Tax Financing Law (Chapter 8,
Division 1, Article 3 of the Fresno Municipal Code) and the Mello-Roos Community Facilities Act
of 1982 (Chapter 2.5 commencing with Section 53311 , of Part 1, Division 2, Title 5 of the
California Government Code.)
I. Services may include all costs attributable to maintaining, servicing, cleaning, repairing
and/or replacing all facilities, including hardscaping, in landscaped areas (may include
reserves for replacement) in public street rights-of-way, public landscape easements,
public trail areas, parkways, and other similar landscaped areas officially dedicated for
public use.
II. General maintenance will include, without limitation, mowing, edging, fertilizing, seeding,
aerating, and watering grass areas; repairing and replacing irrigation systems as
necessary; staking, pruning, replacing and spraying of trees and shrubs; repairing and
replacing paths, walkways and trails; removing litter, debris, and garbage.
II. Services may include all costs attributable to cleaning, maintaining, servicing, repairing
and/or replacing all local ground level street infrastructure (may include reserves for
replacement) within local street rights-of-way. Such facilities may include, without
limitation, street paving, curbs and gutters, sidewalks, street lighting, hydrants, inlets,
street trees and street furniture.
III. Services may include costs attributable to police, fire, traffic control, street lighting and
recreational services.
Maintenance costs will also include a proportionate share of all other expenses that the City of
Fresno (City) may incur in administering the CFD No. 11.
All Services shall be provided by the City, with its own forces or by contract with third parties, or
any combination thereof, to be determined entirely by the City.
Nothing in this exhibit or any other exhibit or provision of this resolution shall be construed as
committing the City or CFD No. 11 to provide all of the authorized Services or to provide for the
payment of or reimbursement for all of the authorized incidental expenses. The provision of
Services and/or payment or reimbursement of incidental expenses shall be subject to the
continued existence of CFD No. 11 and the availability of sufficient proceeds of special taxes
within the CFD No. 11.
EXHIBIT D
D-1
City of Fresno
Community Facilities District No. 11
Annexation No. 145
Rate and Method of Apportionment of Special Tax
Cost Estimate
The estimate breaks down the costs of providing 1 year’s service for FY 2022-2023 for
Final Tract Map No. 6283 (136 lots), Phase III of Vesting Tentative Tract Map No. 6131.
Final Tract Map No. 6283’s costs include services for Final Tract Map No. 6283 and Final
Tract Map No. 6283’s share of services provided to Vesting Tentative Tract Map No.
6131. Vesting Tentative Tract Map No. 6131 totals 413 Lots (counting the 136 from Tract
No. 6283). The final maps within Vesting Tentative Tract Map No. 6131 are to share
equally for a portion of the cost of Services by Community Facilities District No. 11 as
calculated with Final Tract Map No. 6131 (Annexation No. 80) and Final Tract Map No.
6240 (Annexation No. 119). Final Tract Map No. 6283 will pay additional costs due to
added facilities for that phase.
ITEM DESCRIPTION (T-6212) ESTIMATED COST
1 Landscape Operational Costs $57,461.00
2 Other Operational Costs $947.00
3 Reserve for Replacement $37,950.00
4 Incidental Expenses $2,040.00
Total $98,398.00
Subdivision Appropriation Limit
FINAL
TRACT
MAP
NO.
MAX. SPECIAL
TAX PER
RESIDENTIAL
UNIT
TOTAL
TAXABLE
UNITS
APPROPRIATION
LIMIT
SUBDIVIDER
6283
$723.52
136
$500,000.00
Lennar Homes
EXHIBIT D
D-2
City of Fresno
Community Facilities District No. 11
Annexation No. 145
Rate and Method of Apportionment of Special Tax
A Special Tax applicable to each assessor’s parcel in Community Facilities District No.
11 (CFD No. 11) shall be levied and collected according to the tax liability determined by
the City Council of the City of Fresno, through the application of the appropriate amount
or rate for taxable property, as described below. All of the property in CFD No. 11, unless
exempted by law or by the provisions of Section E below, shall be taxed for the purposes,
to the extent, and in the manner herein provided, including property su bsequently
annexed to CFD No. 11 unless a separate Rate and Method of Apportionment of Special
Tax is adopted for the annexation area.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Assessor’s Parcel” or “Parcel” means a lot or parcel shown on an assessor’s parcel
map with an assigned assessor’s parcel number.
“Assessor’s Parcel Map” means an official map of the County Assessor of the County
of Fresno designating parcels by assessor’s parcel number.
“City” means the City of Fresno.
“City Law” means the City of Fresno Special Tax Financing Law, Chapter 8, Division 1,
Article 3, of the Fresno Municipal Code.
“Council” means the City Council of the City of Fresno, acting as the legislative body of
CFD No. 11.
“Developable Lot” means a lot that is anticipated development of residential or non -
residential uses, and which is not an outlot, remainder parcel or other parcel which is not
intended to be developed or which must be further subdivided before being developed.
“Excluded Parcels” means those assessor’s parcels identified as ineligible for inclusion
in CFD No. 11 as shown in “Attachment 1” of this Rate and Method of Apportionment of
Special Tax.
“Final Map” means a final map, or portion thereof, approved by the Council of the City of
Fresno pursuant to the Subdivision Map Act (California Government Code Section 66410
et seq.) that creates individual developable lots for which building permits may be issued.
The term “Final Map” shall not include any assessor’s parcel map or subdivision map or
EXHIBIT D
D-3
portion thereof that does not create individual developable lots for which a building permit
may be issued, including assessor’s parcels that are designated as remainder parcels.
“Fiscal Year” means the period starting April 1 and ending on the following March 31.
“Maximum Special Tax” means the maximum special tax, determined in accordance
with Section C, which can be levied in any Fiscal Year.
“Proportionately” means, in any fiscal year, that the ratio of the actual Special Tax to
the Maximum Special Tax is equal for all assessor’s parcels in CFD No. 11.
“Public Property” means any property within the boundaries of CFD No. 11 that is
owned by the federal government, the State of California or other local governments or
public agencies.
“Reserve for Replacement” means a reasonable reserve pursuant to Fresno Municipal
Code 8-1-303(e) (4), as a service cost or expense and not as payment for public facilities
under Government Code Section 53321(d).
“Residential Unit” means a residential dwelling unit and shall include single-family
unattached homes, condominiums, town homes, duplex, triplex and fourplex units, and
individual apartment units in a multi-family building. For purposes of the levy of special
taxes pursuant to Section C below, “Residential Units” shall include dwelling units already
built on taxable property in CFD No. 11, as well as dwelling units planned, but not yet
built, when the special tax is levied each fiscal year.
“Shared Services” means the costs of services are paid equally by the property owners
of two or more subdivisions.
“Special Tax” means any special tax to be levied each fiscal year on assessor’s parcels
of taxable property to fund the Special Tax Requirement as defined below.
“Special Tax Requirement” means the amount necessary in any fiscal year to (i) pay
authorized maintenance and improvement expenses, (ii) pay admin istrative expenses of
CFD No. 11, and (iii) cure any delinquencies in the payment of special taxes levied in
prior fiscal years or (based on delinquencies in the payment of special taxes which have
already taken place) are expected to occur in the fiscal year in which the tax will be
collected.
“Subdivision” means the division, by any subdivider, of any unit or units of improved or
unimproved land, or any portion thereof, shown on the latest equalized county
assessment roll as a unit or as contiguous units, for the purpose of sale, lease, or
financing whether immediate or future. Property shall be considered as contiguous units,
even if it is separated by roads, streets, utility easement or rai lroad rights-of-way.
“Subdivision” includes a condominium project, as defined in Section 4125 of the Civil
Code, a community apartment project, as defined in Section 4105 of the Civil Code.
EXHIBIT D
D-4
“Taxable Property” means all of the assessor’s parcels within the boundaries of CFD
No. 11 which are not exempt from the special tax pursuant to law or Section E below.
B. CALCULATION OF RESIDENTIAL UNITS
On April 1 of each fiscal year, the City of Fresno (City) or its designee shall determine
how many residential units are built, or allowed to be built, on assessor’s parcels within
CFD No. 11. For parcels of undeveloped property zoned for development of single-family
units attached, the number of residential units shall be determined by referencing the
condominium plan, apartment plan site plan or other development plan, or by assigning
the maximum allowable units permitted based on the underlying zoning for the parcel.
Once a single-family attached building or buildings have been built on an assessor’s
parcel, the City or its designee shall determine the actual number of residential units
contained within the building or buildings, and the special tax levied against the parcel in
the next fiscal year shall be calculated by dividing the Special Tax Requirement by the
actual number of residential units not to exceed the Maximum Special Tax per residential
unit identified for the final map in Section C, Table 1 below.
C. MAXIMUM SPECIAL TAX
The Maximum Special Tax (MST) applicable to each assessor’s parcel in CFD No. 11
shall be specific to each final map within CFD No. 11. When additional property is
annexed to CFD No. 11, the rate and method adopted for the annexed property shall
reflect the MST for the final map or final maps then annexed. The Maximum Special Tax
for Fiscal Year 2022-2023 for a residential unit within Final Tract Map No. 6283 is
identified in Table 1 below:
Table 1
Maximum Special Tax
(Fiscal Year 2022-2023)*
Final Tract Map Number**
Maximum Special Tax
6283
$723.52 per Residential Unit
*Beginning in January of each year, the MST will be adjusted upward annually
by 2% or by the rise of the Construction Cost Index (CCI), if it exceeds 2%, for
the San Francisco Region for the prior 12-month period (December through
December) as published in the Engineering News Record, or published in a
comparable index if the Engineering News Record is discontinued or otherwise
not available. Each annual adjustment of the MST shall become effective on
the subsequent July 1.
** A Special Tax shall be levied on all parcels within an identified final map
except excluded parcels as identified in Attachment 1.
EXHIBIT D
D-5
D. METHOD OF LEVY AND COLLECTION OF THE SPECIAL TAX
Commencing with Fiscal Year 2022-2023, the Special Tax shall be levied on all taxable
parcels as follows:
Step 1: Determine the Special Tax Requirement (as defined in Section A
above) for the fiscal year in which the Special Tax will be collected;
Step 2: Calculate the total special tax revenues that could be collected from
taxable property within CFD No. 11 based on applying the Maximum
Special Tax rates determined pursuant to Section C above to the
number of residential units on each parcel of taxable property in CFD
No. 11;
If the amount determined in Step 1 is greater than or equal to the
amount calculated in Step 2, levy the Maximum Special Tax set forth in
Table 1 above on all parcels of taxable property in CFD No. 11;
If the amount determined in Step 1 is less than the amount calculated
in Step 2, levy the Special Tax proportionately against all parcels of
taxable property up to 100% of the Maximum Special Tax for each
subdivision as identified in Table 1, until the amount of the Special Tax
levy equals the Special Tax Requirement for that fiscal year.
The Special Tax for CFD No. 11 shall be collected in the same manner and at the same
time as ordinary ad valorem property taxes, provided, however, that CFD No. 11 may
(under the authority of Government Code 53340), in any particular case, bill the taxes
directly to the property owner off of the County of Fresno tax roll, and the Special Taxes
will be equally subject to penalties and foreclosure if delinquent.
E. EXEMPTIONS
Notwithstanding any other provision of this Rate and Method of Apportionment of Special
Tax, no Special Tax shall be levied on parcels that have been conveyed to a public
agency, except as otherwise provided in City Law, and properties receiving a welfare
exemption under subdivision (g) of Section 214 of the Revenue and Taxation Code. In
addition, no Special Tax shall be levied on excluded parcels or parcels that are
determined not to be developable lots.
EXHIBIT D
D-6
ATTACHMENT 1
City of Fresno
Community Facilities District No. 11
Annexation No. 145
Excluded Parcels
THERE ARE NO EXCLUDED PARCELS IN
FINAL TRACT MAP NO. 6283
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-897 Agenda Date:6/8/2023 Agenda #:
1.-Q.
REPORT TO THE CITY COUNCIL
FROM:GREGORY A. BARFIELD, M.A., Assistant City Manager and Interim Director
Department of Transportation
BY:LINDA TAYLOR, Administrative Manager
Department of Transportation
ORIE J. RUBALCAVA, Senior Management Analyst
Department of Transportation
SUBJECT
Authorize a three (3) year, with two (2) one (1) year options agreement between the City of Fresno
and the Fresno Economic Opportunities Commission to fulfill the Consolidated Transportation
Service Agency requirement for social service transportation in Urban Fresno County for a projected
FY2024 Operations Program & Budget amount of $1,485,704.
RECOMMENDATION
Staff recommends Council authorize a three (3) year, with two (2) one (1) year options agreement
between the City and Fresno Economic Opportunities Commission to fulfill the Consolidated
Transportation Service Agency requirement for social service transportation in Urban Fresno County
for a projected FY2024 Operations Program & Budget amount of $1,485,704.
EXECUTIVE SUMMARY
The purpose of the Consolidated Transportation Service Agency (CTSA) is to improve coordination
and consolidation of social service transportation services in each California County. Fresno Council
of Governments (FCOG) administers the funding, activities, and transportation programs of all CTSA
service providers within the Fresno Metropolitan Area (FMA). In 2020, FCOG designated the City of
Fresno/Fresno Area Express (FAX) and the Fresno County Rural Transit Agency (FCRTA) as the sole
designees to manage the social service transportation services within the urban and rural areas of
Fresno County, respectively.
On April 3, 2023, FAX and FCRTA released a Joint Request for Proposals soliciting interested parties
to manage and operate the Social Services Transportation services program within the rural and
urban areas of Fresno County. On April 18, 2023, only one proposal from Fresno Economic
Opportunities Commission (FEOC) was received. A Selection Committee comprised of both FAX and
FCRTA members was assembled to evaluate the proposal. The Selection Committee unanimously
agreed that FEOC met the qualifications for the Social Service Transportation services program and
City of Fresno Printed on 6/2/2023Page 1 of 3
powered by Legistar™
06/08/2023
MA/MK 6-0
TM ABSENT
APPROVED ON CONSENT
File #:ID 23-897 Agenda Date:6/8/2023 Agenda #:
1.-Q.
agreed that FEOC met the qualifications for the Social Service Transportation services program and
recommended award of the agreement to FEOC.
BACKGROUND
CTSAs were created by Assembly Bill 120 (AB 120)in 1979,for the purpose of improving
coordination and consolidating social service transportation services in each California County.The
AB 120 legislation led to the creation of the AB 120 Action Plan by FCOG in 1982.This 1982 AB 120
Action Plan created three CTSAs for Fresno County:1)Clovis Urban Area -City of Clovis sole
designee;2)FMA -FAX and Fresno Economic Opportunities Commission (FEOC)co-designees;and
3) Rural Fresno County - FCRTA and FEOC co-designees.
In 2020,FCOG re-designated the CTSAs for the FMA as the following:FCRTA is now the sole
designee for to administer the funding,activities,and transportation programs of all CTSA service
providers in rural Fresno County;and the FAX is now the sole designee to administer the funding,
activities,and transportation programs of all CTSA service providers within the urban FMA.As part
of this designation,FAX receives Transportation Development Act (TDA)-Local Transit Funds (LTF)
Article 4.5 for CTSA activities,and has the responsibility to ensure oversight and monitoring of fiscal
activities related to these funds.These activities include but are not limited to:quarterly financial
reporting by FEOC,review of all CTSA sub-agreements,financial audits of CTSA expenses,and
management coordination meetings.
Previously,Council approved an agreement for Social Service Transportation services with FEOC
that went into effect on July 1,2021,and was subsequently extended by Council on June 16,2022.
The previous agreement is due to terminate on June 30, 2023.
On April 3,2023,FAX and FCRTA released a Joint Request for Proposals soliciting interested parties
to manage and operate the Social Service Transportation services program within the rural and urban
areas of Fresno County.On April 18,2023,only one proposal from FEOC was received.A Selection
Committee composed of both FAX and FCRTA members was assembled to evaluate the proposal.
The Selection Committee unanimously agreed that FEOC met the qualifications for the Social
Service Transportation services program and recommended award of the agreement to FEOC for
both the urban and rural services.FAX and FEOC now seek to enter into an agreement for the urban
Social Service Transportation services for a term of three (3)years,with two (2)optional extensions
of one (1)year each.The projected FY2024 Operations Program &Budget (OPB)totals $1,485,704
for this service.
The updated OPB for FY2024 provides for ongoing coordination and consolidation of the following
Social Service Transportation programs in the City of Fresno under the direction of FAX:Central
Valley Regional Center (CVRC),California Veterans Home,Three Palms Mobile Home Park,Fresno
County Department of Behavioral Health (DBH),Fresno EOC Food Services,Fresno EOC Head
Start,Special Trips for Social Service Agencies,School District Gap Transportation,on demand
services,the Arc of Fresno and Madera Counties,United Cerebral Palsy of Fresno (UCP).These
FEOC contracts include services for low-income school children,low-income adults,elderly adults,
and disabled adults.The proposed OPB includes detailed revenues and expenses accounted for
separately for each service in the urban and/or rural areas.Under this proposal,personnel and
overhead expenses are shared between the various partnerships and services.Capital expenses,
City of Fresno Printed on 6/2/2023Page 2 of 3
powered by Legistar™
File #:ID 23-897 Agenda Date:6/8/2023 Agenda #:
1.-Q.
such as construction or vehicle purchases, are not an allowable expense for LTF Article 4.5.
The City Attorney has reviewed the Agreement and approved it to form.
ENVIRONMENTAL FINDINGS
By the definition provided in the California Environmental Quality Act Guidelines Section 15378 the
award of this contract does not qualify as a “project”;therefore,it is exempt from the California
Environmental Quality Act requirements.
LOCAL PREFERENCE
Local preference was not implemented due to the nature of the joint proposal between rural and
urban CTSA areas and state regulatory requirements for competitive bidding for this program.
FISCAL IMPACT
There is no fiscal impact to the General Fund from this request.This subaward agreement is funded
by State of California TDA/LTF article 4.5 funding.
Attachment:
FEOC Operations Program and Budget
Committee Report fort CTSA
City of Fresno Printed on 6/2/2023Page 3 of 3
powered by Legistar™
FRESNO RURAL & URBAN
SOCIAL SERVICE
TRANSPORTATION
PROPOSED OPERATIONS PROGRAM &
BUDGET
FOR FY 2023-2024
Providing safe and reliable transportation
Table of Contents
SECTION I: INTRODUCTION ........................................................................................................... 1
SECTION II: GOAL, OBJECTIVES, AND POLICIES ....................................................................... 3
Goal ...................................................................................................................................... 3
Objectives............................................................................................................................ 3
Policies ................................................................................................................................ 3
SECTION III: OVERVIEW OF SOCIAL SERVICE TRANSPORTATION ........................................ 6
Social Service Transportation Objectives ..................................................................... 6
Operational Objectives ..................................................................................................... 6
Centralized Administration ....................................................................................... 6
Consolidation of Funding .......................................................................................... 7
Centralized Dispatching............................................................................................. 7
Centralized Maintenance .......................................................................................... 7
Driver Training and Safety Programs ...................................................................... 9
Combined Purchasing .............................................................................................. 11
Vehicle Procurement ...................................................................................................... 11
Vehicle Inventory ............................................................................................................. 11
Personnel .......................................................................................................................... 12
SECTION IV: CONTRACT SERVICES ........................................................................................... 13
Urban Social Service Transportation Contracts ........................................................ 13
Rural Social Service Transportation Contracts .......................................................... 13
Social Service Transportation Contract Descriptions ............................................... 14
SECTION V: BUDGET SUMMARY ................................................................................................ 16
Urban Social Service Transportation ........................................................................... 16
Rural Social Service Transportation ............................................................................ 16
EXHIBIT A TRANSIT VEHICLE ROSTER...................................................................................... 17
EXHIBIT A CONTINUED TRANSIT VEHICLE ROSTER ............................................................... 17
EXHIBIT A CONTINUED MEAL DELIVERY VEHICLE ROSTER ................................................. 19
EXHIBIT B PROPOSED 2023-2024 SOCIAL SERVICE TRANSPORTATION ........................ 20
EXHIBIT C SOCIAL SERVICE TRANSPORTATION RIDERSHIP STATISTICS ......................... 21
URBAN RIDERSHIP STATISTICS ................................................................................... 21
EXHIBIT C CONTINUED SOCIAL SERVICE TRANSPORTATION RIDERSHIP
STATISTICS ................................................................................................................. 22
RURAL RIDERSHIP STATISTICS .................................................................................... 22
EXHIBIT D SOCIAL SERVICE TRANSPORTATION PERFORMANCE INDICATORS .............. 23
URBAN SOCIAL SERVICE PERFORMANCE INDICATORS .......................................... 23
EXHIBIT E URBAN SOCIAL SERVICE TRANSPORTATION REVENUE 2022-2023 & 2023-
2024 ............................................................................................................................................... 24
EXHIBIT F URBAN SOCIAL SERVICE TRANSPORTATION EXPENDITURES 2022-2023 &
2023-2024 .................................................................................................................................... 25
EXHIBIT F-1 URBAN SOCIAL SERVICE EXPENDITURES BY CONTRACT 2022-2023 &
2023-2024 .................................................................................................................................... 26
EXHIBIT F-1 CONTINUED URBAN SOCIAL SERVICE EXPENDITURES BY CONTRACT 202 2-
2023 & 2023-2024 ..................................................................................................................... 27
EXHIBIT G RURAL SOCIAL SERVICE TRANSPORTATION REVENUE 202 2-2023 & 2023-
2024 ............................................................................................................................................... 28
EXHIBIT H RURAL SOCIAL SERVICE TRANSPORTATION EXPENDITURES 202 2-2023 &
2023-2024 .................................................................................................................................... 29
EXHIBIT H-1 RURAL SOCIAL SERVICE EXPENDITURES BY CONTRACT 2022-2023 &
2023-2024 .................................................................................................................................... 30
EXHIBIT H-1 CONTINUED RURAL SOCIAL SERVICE EXPENDITURES BY CONTRACT 2022-
2023 & 2023-2024 ..................................................................................................................... 31
1
SECTION I: INTRODUCTION
Fresno Economic Opportunities Commission (Fresno EOC) submits this proposal to the
Fresno County Rural Transit Agency (FCRTA) and the City of Fresno/Fresno Area Express
(FAX) in response to the April 3,2023 Request For Joint Proposal (RFP). Fresno EOC has
partnered with FCRTA and FAX in operating the Consolidated Transportation Service
Agency (CTSA) and has been providing social service transportation since 1982. Fresno
EOC has made available its relationships with many other social service agencies in
providing CTSA services and will continue to do so with this proposal response.
Fresno EOC is currently the lead social service transportation for the Consolidated
Transportation Service Agency (CTSA) and has been providing social service transportation
since 1982. Fresno EOC has made available its relationships with many other social service
agencies in providing CTSA services and will continue to do so with pride.
This OPB outlines how Fresno EOC Transit Systems will use its partnerships with at least ten
other social service agencies or programs to enhance transportation to more social service
agencies using the resources provided by FCRTA and FAX. These contracts include services
for low-income school children, low-income adults, elderly adults, and disabled adults. Each
of the service agreements serve specific groups in Urban Fresno, Rural Fresno County, or
both. The attached budget includes detailed revenues and expenses accounted for
separately for each service in the urban and/or rural areas. Within this budget, personnel
and overhead expenses are shared between the various partnerships and services.
While each service agreement (contract) has its own revenues and expenses, they each also
have unique match requirements and terms (one, two or three years). The support from the
CTSA Local Transportation Fund (LTF) for any one service is based on the balance of needs
between all other services included in the urban or rural CTSA operation.
This proposal intends to continue to assist FCRTA & FAX in meeting the following purposes:
1. Provide a program of operations, including an implementation schedule for new
and/or modified services and a program budget for CTSA coordinated and
consolidated social service transportation services for the program year July 1, 2023
through June 30, 2024.
2. Serve as a resource document for local elected officials, social service agencies and
the general public.
3. Demonstrate the CTSA’s compliance with Section 99275.5 of the Public Utilities Code
concerning Transportation Development Act (TDA) Local Transportation Funds (LTF)
Article 4.5 claim evaluation criteria and required findings and with the COG Assembly
Bill AB 120 Action Plan adopted February 1982 and as amended in April 1990.
4. Document efforts to improve coordination and consolidation of social service
transportation services in order to:
a. Demonstrate compliance with Chapter 1120 of the 1979 California Statutes
2
by addressing and substantiating which of the coordination benefits
specifically listed in the legislation should be pursued by the CTSAs in the
Fresno Metropolitan Area and Rural Fresno County.
b. Create additional opportunities to utilize supplemental grant funding available
from federal, state, and local assistance programs to support social ser vice
transportation services by demonstrating that “coordination criteria” have
been addressed.
3
SECTION II: GOAL, OBJECTIVES, AND POLICIES
Through its contracts with FCRTA and FAX, Fresno EOC Transit Systems as a sub grantee will
address the following CTSA goal, objectives, and policies delineated in Chapter 1120 of the
1979 California Statutes and the Assembly Bill 120Action Plan. These are as follows:
Goal
PROVIDE SAFE, RELIABLE TRANSPORTATION FOR AGENCIES BY PROMOTING IMPROVED
COORDINATION AND CONSOLIDATION OF AVAILABLE RESOURCES.
Objectives
• Centralize administration to eliminate duplicative administrative requirements.
• Identify and consolidate all sources of funding to provide more effective and cost -
efficient services.
• Centralize dispatching for more efficient vehicle use.
• Centralize maintenance for adequate, regular, and more cost -effective vehicle
maintenance.
• Implement an exemplary driver-training program for safer vehicle operation and
lower insurance costs.
• Combined purchasing and pricing bid/quotes for more effective cost savings.
Policies
• Fresno EOC’s centralized administration will utilize, to the maximum extent possible,
existing public and private administrative capabilities and expertise.
• The following policies provide a framework f or developing a sound public
transportation system throughout Fresno County. They expand upon previously stated
overall Regional Transportation Plan (RTP) goals, objectives and policies and are
more specifically targeted toward the public and social servic es transportation
system. Fresno EOC will work with the CTSAs (City of Fresno & FCRTA) to continue the
following policies:
I. Pursue expanded federal, state, and local funding for social service
transportation.
II. Provide transportation to the eligible agencies within defined service areas,
focusing on transportation needs of low-income, elderly, and disabled persons.
• Support coordination and consolidation of social service transportation and promote
effective and efficient use of existing resources. This will in clude seeking partnerships
4
with more social service agencies in Fresno County.
• Encourage safety, appropriate frequency of bus service, reasonable fares, and the
provision of adequate service to satisfy transportation needs which are determined
to be reasonable to meet.
• Incorporate a variety of public transportation services and vehicles, as warranted,
throughout the County.
• Encourage the private sector to engage in the provision of public transportation
services.
• Advantages and disadvantages of projects are considered; factors include economic,
environmental, and social factors.
• Existing sources of funding utilized prior to the Social Service Transportation
Improvement Act (Assembly Bill 120) shall, to the maximum extent possible, be
continued.
• Consolidation of services shall, to the maximum extent possible, utilize existing
agency operating and maintenance personnel and expertise.
• FCRTA and FAX will utilize their regulatory role over Transportation Development Act
(TDA) funds by monitoring and evaluating the performance of the CTSAs through the
TDA claim process, an annual financial audit, an annual productivity evaluation, a
triennial performance audit, and the CTSAs’ compliance with the AB 120 Action Plan.
• FCRTA and FAX, as part of their on-going transportation planning process, which
includes review by various technical committees, shall review CTSA designates’
compliance with the AB 120 Action Plan annually, at a minimum.
• FCRTA and FAX will continue to encourage members to evaluate their financial
commitments to local social service projects (which either in full or in part provides
transportation services) and make appropriate recommendations for proper
coordination with the CTSA to maximize the effective use of local transportation
dollars.
• FCRTA and FAX will insure overall TDA/LTF Article 4.5 funds will not be expended
without the minimum match requirement with other available funds to the CTSA.
• Fresno EOC as the lead social service agency under the CTSAs will maintain, at a
minimum, an overall farebox revenue-to-operating cost ratio of fifty-five percent
(55%) for all CTSA transportation services. The required fare box revenue may consist
of fares, donations and/or social service agency revenues.
• Fresno EOC will evaluate all the Rural and Urban agencies within CTSAs annually and
forward the information as appropriate to the FCOG’s Social Services Transportation
Advisory Council (SSTAC) Productivity Evaluation Committee. SSTAC evaluation shall
5
include recommendations regarding changes and improvements in existing CTSA
services. The SSTAC shall be responsible for reviewing performance standards to be
used in the evaluation process. Performance standards shall take into consideration
the special needs that are being responded to by the CTSA and the goals of AB 120.
The SSTAC evaluation process shall take place prior to the annual submission of the
OPB to the COG to allow for the inclusion of any SSTAC recommendations in the OPB.
6
SECTION III: OVERVIEW OF SOCIAL SERVICE TRANSPORTATION
Social Service Transportation Objectives
It is the goal of the Fresno Rural and Urban CTSA administered by FCRTA and FAX to work
toward improved social service transportation through coordination and consolidation of
transportation services. The Fresno urban and rural CTSAs will work to achieve the following
six objectives:
• Centralized Administration
• Consolidated Funding
• Centralized Dispatching
• Centralized Maintenance
• Driver Training Programs
• Combined Purchasing
Fresno EOC, as the lead social service agency, will be the liaison between the social service
contracts and agencies participating in the Social Service Transportation program and
reporting to the City of Fresno and FCRTA, as public agencies to provide public accountability
for Social Service Transportation operations.
Fresno EOC’s contracted companies and agencies are composed of social service agencies
operating various social service programs. Fresno EOC attempts to maximize resource
utilization while responding to needs through the coordination of existing resources
combined with new resources. Going forward, a major goal and objective of FCRTA and FAX
as the Fresno Rural and Urban CTSAs is to increase the number of social service agencies
that Fresno EOC will contract with and form partnerships within Fiscal Year 2023-24 and
beyond.
Operational Objectives
Fresno EOC, on behalf of FCRTA and FAX, will continue to implement the coordination and
consolidation objectives, as follows:
Centralized Administration
Fresno EOC currently operates transportation services for numerous social service
programs. Centralized administration of these contracts has resulted in the ability to
amalgamate with other agencies to provide a broader-based and a more comprehensive
view of service needs and objectives. This enhanced planning capability has resulted in
a more effective utilization of available funds.
Fresno EOC has continued to serve as a technical advisor and clearinghouse for small
community-based organizations and other governmental member agencies. Staff time
7
devoted to administration has been reduced and other cost savings have been affected
as a result of increased technical expertise utilized in service planning and delivery.
For example, the Central Valley Regional Center (CVRC) requires transportation for
approximately 450 consumers from home to approximately 18 locations. Centralized
administration allows for CVRC staff and home providers to communicate with a single
source to coordinate very complex operations each day.
Consolidation of Funding
Consolidating funding under the Fresno EOC contracts allows for economies of scale
when purchasing capital equipment and leveraging funds for the operations. Fresno EOC
anticipates receiving various operating revenues from social service agencies in FY
2023-24. These revenues contribute to the minimum required fare box match
requirements of 55%. These match projected percentages include all non TDA funds as
a match.
Consolidation of funds increases leverage in purchasing vehicles. As necessary, Fresno
EOC applies for Federal Transportation Administration (FTA) Section 5310 Capital
Grants to purchase new vehicles and other equipment, such as two-way radios,
wheelchair lifts, and computer equipment and software, to keep the fleet current.
Keeping the fleet up to date is important for the reliability of vehicle service to our
customers; it also assists in maintaining a more constant vehicle maintenance expense
and cost of maintenance per vehicle. Currently those FTA Grants are utilizing toll credits
for the local match.
Centralized Dispatching
Fresno EOC has consolidated dispatching into one central center. The specific benefits
of dispatch consolidation are the reduction of transferred calls, a better regional
awareness within the County, consistency, expertise, economic and operational
efficiencies and better accountability, data and customer service.
Fresno EOC employs up to eight dispatchers depending on deman d with each station
equipped with multi-line telephone systems and computers with dual monitors. The
software system has scheduling, database, and mapping systems. Each dispatch
station also has two-way radio microphones with separate audio listening devices, and
various protocol references and quick reference procedures. The internet service is
supported by fiber optic service lines for maximum speed and capacity. Bilingual
dispatchers are on duty and several bilingual personnel are available for interpreting
needs in several languages.
Centralized Maintenance
Fresno EOC began operation of a centralized maintenance facility on March 3, 1987.
Fresno EOC offers a preventative maintenance program that provides on -site
maintenance services. To accompli sh this goal, all preventative maintenance work
(defined as tune-ups, oil changes and lubes, complete brake work and other minor
repairs) is performed at the Transit Systems maintenance service facility, located at
8
3110 W. Nielsen Avenue in Fresno, by professionally certified mechanics.
This preventative repair work is required by California Highway Patrol (CHP) regulations,
and repairs are performed according to existing preventative maintenance schedules
approved by the CHP for all motor carriers. All repairs are subsequently recorded and
filed as approved by the California Motor Carrier Division for general record keeping and
vehicle history documentation.
Additionally, the Fresno EOC maintenance department is currently utilizing
maintenance tracking software, which has greatly enhanced record keeping and
reporting capabilities. In April of 2022 Fresno EOC received a “satisfactory” rating from
the California Highway Patrol (CHP) Motor Carrier Division, which is the highest rating
given by the CHP. Transit Systems has earned this satisfactory rating each year since
inception.
Fresno EOC continues to look to market its services to other social service agencies.
Fresno EOC has entered into a contract with The Arc of Fresno and Madera Counties to
provide preventative maintenance services to 70 ADA compliant vehicles. The facility
has room to expand to meet increased demand, as well as accommodate the
infrastructure for future electric vehicle needs. Fresno EOC continues to expand the
preventative maintenance services to other external partners.
Transit Systems mechanic productivity and all vehicle repairs are entered into a vehicle
maintenance software tracking program. Fresno EOC continues to offer very competitive
labor rates for maintenance services. They provide all maintenance for the transit fleet
as well as a few other Fresno EOC programs such as the ARC, Local Conservation Corps,
Sanctuary, and support services program.
Service Schedule
All repairs and preventive maintenance services are scheduled based on the Daily
Driver Pre-Trip Report forms which are turned in each day after routes are completed.
These forms log the daily miles travelled and note any problems that the vehicle may
have on a particular day. The service inter vals are based on mileage or days,
whichever comes first (school bus: 3,000 miles or 45 days; B- bus: 5,000 miles).
Labor Rate
The shop labor rate is set well below most regular shop labor rates due to operational
efficiencies and our non -profit status. All outside agencies will receive the lowest
negotiated rate possible for their fleet size.
Equipment/Parts
The maintenance facility is equipped with tools such as scanners, brake lathes, high
tonnage lifts, automated lube equipment, tire machinery and other necessary shop
tools. The parts storage room is stocked with filters, alternators, specialty vehicle
parts and various dealer items. Bids are taken annually to assure the best possible
price and service.
9
Mechanics
The five mechanics have a combined experience of over 150 years and each
mechanic is ASE Certified in various categories. All are capable of working on a
variety of vehicles including gasoline, and diesel fueled.
Driver Training and Safety Programs
Fresno EOC has developed a comprehensive program for training, ongoing training, and
new hires that are available to the City of Fresno, Fresno Area Express (FAX), the City of
Clovis, the Fresno County Rural Transportation Agency (FCRTA), as well as various other
transit agencies working within the CTSA.
Demand-response transit drivers are required to obtain a Special Driver Certificate
through the California Highway Patrol. All drivers w ho seek a certificate or need to renew
a certificate must be reviewed by the California Highway Patrol and approved by the
DMV. Our stand by drivers complete the California Department of Education’s approved
Bus Driving Course. Our California State Certified Instructors are certificated through the
Department of Education to teach this course.
Fresno EOC has successfully become part of FMCSA Training provider registry (TPR) and
are federally registered for the Entry Level Driver Training (ELDT). To be listed on the
TPR, training providers need to meet specific requirements addressing Curriculum,
Facilities, Vehicles and equipment, and Instructors.
Fresno EOC has exceeded the FMSCA federal requirements and State requirements by
giving original applicants more than the required training which consists of a minimum
of 40 hours of total instruction. Training includes but is not limited to 20 hours of
classroom and 20 hours of behind-the-wheel training. This course provides the individual
with the information needed to become a professional commercial driver.
The minimum 20 hours of classroom instruction includes, but not limited to, knowledge
of laws and regulations, defensive driving, specialized defensive driving, passenger
loading and unloading and special needs for the developmentally disabled. This is to
ensure efficient safe transportation and proper training to pass the state-required
driving test.
All drivers who wish to keep their certificates current must acquire 10 hours of in-service
each year and, when they are up for renewal, they must complete 10 hours of classroom
training. We have an informative program to keep all our drivers current with their
renewal requirements.
The study materials used are the current and up-to-date DMV California Driver
handbook, DMV Commercial Handbook, Passenger Transportation Safety Handbook,
Transportation Safety Institute, and other materials required for each lesson.
Fresno EOC conducts mandatory driver in-service meetings held five times a year. The
mandatory driver in-service meetings are specialized training for the drivers. Topics
covered include but not limited to defensive driving techniques, emergency procedures,
passenger management, loading and unloading passengers safely, use of special
10
equipment such as wheelchairs, wheelchair lifts, wheelchair 7-point tie-downs, and
vehicle safety and ADA and Cal/OSHA requirements. Drivers are informed of any new or
existing laws or regulations that are added or changed.
One of the five meetings is hands-on training. This is where vehicles and events are
planned, and drivers get hands-on training through demonstrations. One event may
include a session on vehicle breakdowns or how to safely conduct yourself after being
involved in an accident.
Other events may include bus evacuation demonstrations, blind spots tips and use of
mirrors, wheelchair safety inspection, and wheelchair 7 -point tie down system and
wheelchair lift procedures.
Fresno EOC Transit Systems Training has a comprehensive program to keep our drivers’
skills proficient. This includes yearly driving assessments to assess drivers’ skills and
safety. During the driving assessments, additional training is identified and scheduled.
The Safety Team consists of a Manager/Director, Agency Safety Coordinator, a Transit
Supervisor, Union stewards or representatives, and two non-management employees,
one of which is a mechanic. The Safety Team meets at least monthly. The goal of this
team is to discuss on-the-job injuries and/or vehicle accidents prevention and keen an
up-to-date Safety Program. This team has had a positive impact on Fresno EOC Transit
Systems safety record. Fresno EOC encourages employees to offer safety suggesti ons.
The Safety Team reviews all suggestions, and they are reviewed at the mandatory safety
meetings.
Fresno EOC has a safety video library. The library consists of training videos and is
expanding to ensure up-to-date education on vital safety procedures and the critical
elements of safe driving.
The success of these trainings and efforts of the Safety and Training Manager has shown
through in this past year. We have had some of the safest years ever at Transit Systems.
Workers compensation injuries have also been almost non-existent due to the increased
safety efforts of the new Safety and Training Manager.
Fresno EOC offers an instructional class in American Red Cross First Aid and
Cardiopulmonary Resuscitation (CPR). The Safety and Training Manager is American
Red Cross certified to teach First Aid, Cardiopulmonary Respiratory (CPR), and
Automated external defibrillator (AED) for adult and pediatric. All drivers attend this
course and every two years renew their certificate. This course teaches drivers to identify
and eliminate potentially hazardous conditions in their environment, recognize
emergencies and make appropriate decisions for first aid care. It teaches the knowledge
and skills that individuals in the workplace need to know to give immediate care to an
ill or injured person until more advanced medical care arrives.
Fresno EOC continues to be enrolled in the California Department of Motor Vehicles
(DMV) Pull Notice Program. This program allows the employer to receive updated
information on each driver. It is generated every 12 months. If a driver has any activity
on his or her driving record, DMV will automatically generate a pull notice and send to
11
the employer.
The DMV Pull Notice Program enables Fresno EOC to identify drivers who may be
receiving a suspension or revocation. The driver is informed about the actions and may
take care of any situations before the suspension. If a suspension takes place, the
employer can take measures to ensure the driver does not drive until the action is lifted.
Combined Purchasing
Social service transportation conforms to the purchasing policy as established by the
Fresno EOC Finance Department and is reviewed by the Internal Auditors. Annual
bidding is performed in order to compare market costs and utilize the lowest cost for
goods and services. This bidding includes vehicle best quality at the parts, fuel,
insurance policy coverages, and all other major goods and services. All goods and
services over $5,000 are purchased with a minimum of three (3) vendor quotes. Goods
and services over $75,000 require 3 written cost quotations. Any purchases over
$150,000 must follow formal bid purchases and be approved by the Fresno EOC Board.
Vehicle Procurement
Fresno EOC Transit Systems is consistently seeking to modernize its fleet through various
public and private funding opportunities. During the 2021 Fresno COG FTA 5310 process,
Fresno EOC applied and was selected to receive two (2) buses valued at $270,000. As
explained below, the average age of the fleet is 1 0+ years old, requiring significant
investment in the years to come. Transit Systems is also looking into the possibility of leasing
as it is a more cost-effective option to purchase new vehicles. Fresno EOC is currently in the
process of developing an alternative fuel program, and as such is prioritizing the
procurement of vehicles with greater fuel efficiency, including electric and natural gas
vehicles and their respective infrastructures.
Fresno EOC has leased ten cargo vans for Food Service meal delivery. Transit has received
five vehicles to date and is waiting for the additional five vehicles to be built. The cost of
upkeep of the new vehicles will provide savings compared to the older vehicles.
Vehicle Inventory
Fresno EOC’s Transit Systems’ fleet, as of March 1, 2023, consists of the following:
Vehicle Description Fuel Type Number
1. School Buses Diesel 28
2. Wheelchair Cutaway Vans Gasoline 47
3. Small Mini-Vans Gasoline 5
4. Meal Delivery Vans Gasoline 24
Total Vehicles 104
Complete Vehicle Inventory is found in Exhibit A. As can be seen in Exhibit A, many vehicles
will need to be replaced in the coming years and will be identified in a separate Fleet Analysis
12
currently being drafted.
Personnel
Fresno EOC operates the majority of the services included; however, a few of them (as noted
in Contract Services) are operated independently and Fresno EOC is involved strictly to
provide funding and administrative support. Transit Systems is staffed as follows:
Position Number of Personnel
Transit Systems Director 1
Operations Manager 1
Safety & Training Manager 1
Road Safety Coordinator 2
Finance Manager 1
Contract General Manager 1
Vehicle Maintenance Manager 1
Administrative Assistant 1
Transit Supervisor I 1
Data Support Specialist 2
Route Planner/Scheduler 2
Dispatcher 7
Driver 78
Vehicle Detailer 2
Mechanic/Technician (Vehicle and CNG) 5
Program Assistant 1
Total 107
The management team holds regularly scheduled management meetings to discuss
operations, training, safety administrative issues and other items on the agenda.
13
SECTION IV: CONTRACT SERVICES
Urban Social Service Transportation Contracts
Fresno EOC coordinates and consolidates the following social service transportation in
Fresno City under the direction of the City of Fresno:
• Central Valley Regional Center (CVRC)
• California Veterans Home (City of Fresno)
• Three Palms Mobile Home Park (City of Fresno)
• Fresno County Department of Behavioral Health (DBH)
• Fresno EOC Food Services
• Fresno EOC Head Start
• Special Trips for Social Service Agencies
• School District Gap Transportation
• On Demand Services
• The Arc of Fresno and Madera Counties
• United Cerebral Palsy of Fresno (UCP)
Rural Social Service Transportation Contracts
Fresno EOC coordinates and consolidates the following social service transportation in
Fresno County under the direction of the FCRTA:
• Central Valley Regional Center (CVRC)
• Fresno EOC Head Start
• Fresno EOC Food Services
• Special Trips for Social Service Agencies
• On Demand Services
• The Arc of Fresno and Madera Counties
• United Cerebral Palsy (UCP)
14
Social Service Transportation Contract Descriptions
Fresno EOC’s service contracts for FY 2023-24 are detailed as follows:
• Central Valley Regional Center (CVRC): Transit Systems will provide contract services
with CVRC for weekday round-trip passenger service from the program’s
developmentally disabled consumer’s residence to various training and educational
sites throughout Fresno County. CVRC continues to pay for transportation services
based on the number of clients currently being served. Our client list is consistently
growing. This service will be provided in both the urban and rural social service
transportation operations
• California Veterans Home , West Park Residents & Three Palms Mobile Home Park
(City of Fresno): Transit Systems will provide lifeline services to the Californi a Veterans
Home on South Marks, West Park Residents located 5 miles southwest of downtown
Fresno, and the Three Palms Mobile Home Park on Golden State Avenue near Clinton
Avenue. This service will be provided in the urban social service transportation
operations. This service is a demonstration and will be reevaluated annually.
• Fresno County Department of Behavioral Health (DBH): Transit Systems will provide
transportation for DBH clients residing in the City of Fresno between mental health
facilities in the Central Valley. This service will be prov ided in the urban social service
transportation operations.
• Fresno EOC Food Services: Transit Systems delivers meals to congregate meal sites
for seniors and low-income children throughout Fresno County, as well as to
homebound seniors. This service will be provided in both the urban and rural social
service transportation operations.
• Fresno EOC Head Start: Transit Systems supports the Head Start program for low -
income families with student transportation to sites that require that service. Up to
twelve sites will need student transportation in the upcoming program year. This
service will be provided in both the urban and rural social service transportation
operations.
• Special Trips for Social Service Agencies: Fresno EOC will provide special
transportation services for non-profit groups, such as the Fresno Farm Bureau, Head
Start, Fresno County Department of Education, City of Fresno etc., upon availability of
vehicles and driving personnel. Demand for these trips has increased exponentially,
especially during the summer months. This service will be provided in both the urban
and rural social service transportation operations.
• School District Gap Transportation : Fresno EOC will provide transportation services
for students with physical and intellectual disabilities who are between 18 & 22 years
of age. These individuals will transfer to CVRC after the age of 22. The transportation
will be to program, work or other necessary locations. This service will be provided in
the urban social service transportation operations.
15
• Taxi Scrip: The Measure C Senior Scrip program provides alternative, re liable and
affordable transportation to Fresno County residents who are 70 years of age and
older with transportation by Uber, Lyft, EOC transit, and participating taxi companies.
Eligible seniors receive a 75% discount on ride fares by purchasing up to $200 worth
of senior scrip per month, in their choice of paper scrip for use with taxi rides, or in
electronic credit for use with Lyft/Uber rides. Senior Scrip can be used as needed at
any time, 24 hours a day, 7 days a week.
• On Demand Services: This service provides transportation for the elderly. Transit
Systems will support the operations of On demand services with Local Transportation
Fund (LTF) dollars. The rate at which these funds will be supplemented will not exceed
45% of their eligible operating expenses. This service will be provided in both the
urban and rural social service transportation operations .
• The Arc Fresno/Madera Counties: This service provides transportation for people with
intellectual and physical disabilities. Transit Systems will support the operations of
Arc of Central California by supplementing their operating expenses with LTF dollars.
The rate at which these funds will be supplemented will not exceed 45% of their
eligible operating expenses. This service will be provided in both the urban and rural
social service transportation operations. Transit Systems will also support The Arc by
providing vehicle maintenance on 70 vehicles.
• United Cerebral Palsy of Fresno (UCP): This service provides transportation for people
with physical and intellectual disabilities. Transit Systems will support the operations
of UCP by providing supplementing their operating expenses with LTF dollars. The rate
at which these funds will be supplemented will not exceed 45% of their eligible
operating expenses. This service will be provided in both the urban and rural social
service transportation operations.
16
SECTION V: BUDGET SUMMARY
The budget below for 2023-2024 totals $6,210,667 for urban social service transportation
and $2,206,000 for rural social service transportation. The tables below show an overview
of the expected revenue for FY 2022-2023, with a detailed budget provided in Exhibits F-1
and H-1.
Urban Social Service Transportation
Rural Social Service Transportation
Fresno City (FAX) Augmentation = *
Contract CONTRACT REVENUE TDA / LTF 4.5 Total
CVRC $3,182,000 $900,000 $4,082,000
FRESNO EOC HEAD START $139,000 $40,000 $179,000
ALL MEAL DELIVERY $523,000 $140,000 $663,000
SPECIAL TRIPS $328,000 $81,000 $409,000
CITY OF FRESNO - VETERANS HOME $215,825 $58,200 $274,025
CITY OF FRESNO - WEST PARK $2,225 $600 $2,825
CITY OF FRESNO - THREE PALMS $4,450 $1,200 $5,650
FRESNO COUNTY DBH $61,500 $20,000 $81,500
SD GAP TRANSPORTATION $26,000 $21,000 $47,000
ON DEMAND SERVICES $48,889 $40,000 $88,889
THE ARC FRESNO $103,889 $85,000 $188,889
UCP FRESNO $103,889 $85,000 $188,889
Totals $4,738,667 $1,472,000 $6,210,667
Contract CONTRACT REVENUE TDA / LTF 4.5 Total
CVRC $986,500 $405,000 $1,391,500
FRESNO EOC HEAD START $66,000 $25,000 $91,000
ALL MEAL DELIVERY $203,000 $84,000 $287,000
SPECIAL TRIPS $27,400 $9,100 $36,500
ON DEMAND SERVICES $36,667 $30,000 $66,667
ARC FRESNO $91,667 $75,000 $166,667
UCP $91,667 $75,000 $166,667
TOTAL BUDGET $1,502,900 $703,100 $2,206,000
17
EXHIBIT A TRANSIT VEHICLE ROSTER
PASSENGER VEHICLES
Vehicle #VIN (Last 5)Yr/Make Capacity Amb/WC Fuel Type Contract Use
1 38 96736 2010 Braun minivan 5/2 unleaded gas CalWorks
2 39 96738 2010 Braun minivan 5/2 unleaded gas CalWorks
3 40 96741 2010 Braun minivan 5/2 unleaded gas CalWorks
4 42 32272 2014 Braun minivan 5/2 unleaded gas CalWorks
5 90 10961 '95 GMC 48 diesel Head Start
6 92 10963 '95 GMC 48 diesel Head Start
7 93 10964 '95 GMC 48 diesel Head Start
8 94 10965 '95 GMC 48 diesel Head Start
9 96 10449 '96 GMC 48 diesel Head Start
10 99 32496 99 GMC 48 diesel Head Start
11 100 32497 99 GMC 48 diesel Head Start
12 101 32498 99 GMC 48 diesel Head Start
13 102 32499 99 GMC 48 diesel Head Start
14 104 66461 2003 Thomas 48 diesel Head Start
15 105 66462 2003 Thomas 48 diesel Head Start
16 106 66463 2003 Thomas 48 diesel Head Start
17 107 66464 2003 Thomas 48 diesel Head Start
18 108 66465 2003 Thomas 48 diesel Head Start
19 109 66466 2003 Thomas 48 diesel Head Start
20 110 66467 2003 Thomas 48 diesel Head Start
21 120 15034 2004 Thomas 60/34/2w-c diesel Head Start
22 121 15032 2004 Thomas 60/34/2w-c diesel Head Start
23 122 15033 2004 Thomas 60/34/2w-c diesel Head Start
24 123 34404 2005 Blue Bird 60/34/2w-c diesel Head Start
25 124 79641 2009 Thomas 60/34/2w-c diesel Head Start
26 128 17879 2011 Intl. 60/34/2w-c diesel Head Start
27 129 17880 2011 Intl. 60/34/2w-c diesel Head Start
28 130 17881 2011 Intl. 60/34/2w-c diesel Head Start
29 131 94706 2012 Intl. 60/34/2w-c diesel Head Start
30 132 50083 2019 THOMAS 60/2 diesel Head Start
31 133 Y2033 2019 THOMAS 45/0 diesel Head Start
32 134 Y2034 2019 THOMAS 45/0 diesel Head Start
33 479 23991 2006 E450 6/16 unleaded gas CVRC / Misc. B/P
34 485 18795 2007 E450 6/16 unleaded gas CVRC / Misc. B/P
35 487 18816 2007 E450 6/16 unleaded gas CVRC / Misc. B/P
36 490 18815 2007 E450 6/16 unleaded gas CVRC / Misc. B/P
37 491 18820 2007 E450 6/16 unleaded gas CVRC / Misc. B/P
38 493 81012 2008 E450 6/16 unleaded gas CVRC / Misc. B/P
39 497 74512 2008 E450 6/16 unleaded gas CVRC / Misc. B/P
18
EXHIBIT A TRANSIT VEHICLE ROSTER (CONTINUED)
40 500 78033 2008 E450 6/16 unleaded gas CVRC / Misc. B/P
41 502 1416 2010 E450 6/16 unleaded gas CVRC / Misc. B/P
42 504 3755 2010 E450 6/16 unleaded gas CVRC / Misc. B/P
43 505 3758 2010 E450 6/16 unleaded gas CVRC / Misc. B/P
44 506 12409 2011 6/16 unleaded gas CVRC / Misc. B/P
45 507 12411 2011 6/16 unleaded gas CVRC / Misc. B/P
46 508 7276 2011 6/16 unleaded gas CVRC / Misc. B/P
47 509 7275 2011 6/16 unleaded gas CVRC / Misc. B/P
48 512 7279 2011 6/16 unleaded gas CVRC / Misc. B/P
49 514 12410 2011 6/16 unleaded gas CVRC / Misc. B/P
50 515 11418 2007 4/18 unleaded gas CVRC / Misc. B/P
51 517 51037 2013 6/16 unleaded gas CVRC / Misc. B/P
52 518 56969 2013 6/16 unleaded gas CVRC / Misc. B/P
53 519 56970 2013 6/16 unleaded gas CVRC / Misc. B/P
54 520 56972 2013 6/16 unleaded gas CVRC / Misc. B/P
55 521 56975 2013 6/16 unleaded gas CVRC / Misc. B/P
56 522 56974 2013 6/16 unleaded gas CVRC / Misc. B/P
57 523 56977 2013 6/16 unleaded gas CVRC / Misc. B/P
58 524 7604 2015 6/16 unleaded gas CVRC / Misc. B/P
59 525 7594 2015 6/16 unleaded gas CVRC / Misc. B/P
60 526 7601 2015 6/16 unleaded gas CVRC / Misc. B/P
61 527 7596 2015 6/16 unleaded gas CVRC / Misc. B/P
62 529 7597 2015 6/16 unleaded gas CVRC / Misc. B/P
63 530 7612 2015 6/16 unleaded gas CVRC / Misc. B/P
64 531 7609 2015 6/16 unleaded gas CVRC / Misc. B/P
65 532 17737 2015 2/20 unleaded gas CVRC / Misc. B/P
66 533 17746 2015 2/20 unleaded gas CVRC / Misc. B/P
67 534 19893 2015 2/20 unleaded gas CVRC / Misc. B/P
68 535 50427 2016 6/16 unleaded gas CVRC / Misc. B/P
69 536 51406 2016 6/16 unleaded gas CVRC / Misc. B/P
70 537 51414 2016 6/16 unleaded gas CVRC / Misc. B/P
71 538 51418 2016 6/16 unleaded gas CVRC / Misc. B/P
72 539 45323 2020 6/16 unleaded gas CVRC / Misc. B/P
73 540 45330 2020 6/16 unleaded gas CVRC / Misc. B/P
74 541 43823 2020 6/16 unleaded gas CVRC / Misc. B/P
75 542 43816 2020 6/16 unleaded gas CVRC / Misc. B/P
76 543 45331 2020 6/16 unleaded gas CVRC / Misc. B/P
77 544 20681 2021 6/16 unleaded gas CVRC / Misc. B/P
78 545 20649 2021 6/16 unleaded gas CVRC / Misc. B/P
79 546 20666 2021 6/16 unleaded gas CVRC / Misc. B/P
80 43 88635 2016 5/2 unleaded gas CalWorks
Total Passenger Vehicles:80
19
EXHIBIT A MEAL DELIVERY VEHICLE ROSTER
MEAL DELIVERY VEHICLES
Vehicle #VIN (Last 5)Yr/Make Capacity Amb/WC Fuel Type Contract Use
1 337 39374 2008 Ford cargo-meal Delivery unleaded gas Sr. meals / HS meals
2 338 39375 2008 Ford cargo-meal Delivery unleaded gas Sr. meals / HS meals
3 339 37376 2008 Ford cargo-meal Delivery unleaded gas Sr. meals / HS meals
4 340 39377 2008 Ford cargo-meal Delivery unleaded gas Sr. meals / HS meals
5 341 1807 2008 Ford cargo-meal Delivery unleaded gas Sr. meals / HS meals
6 342 1681 2008 Ford cargo-meal Delivery unleaded gas Sr. meals / HS meals
7 343 10692 2008 Ford cargo-meal Delivery unleaded gas Sr. meals / HS meals
8 344 38434 2009 Ford cargo-meal Delivery unleaded gas Sr. meals / HS meals
9 345 7289 2010 Ford cargo-meal Delivery unleaded gas Sr. meals / HS meals
10 346 7288 2010 Ford cargo-meal Delivery unleaded gas Sr. meals / HS meals
11 347 7290 2010 Ford cargo-meal Delivery unleaded gas Sr. meals / HS meals
12 353 34558 2010 Ford cargo-meal Delivery unleaded gas Sr. meals / HS meals
13 354 61583 2013 Ford Ford Box Truck w/lift unleaded gas Sr. meals / HS meals
14 355 61119 2013 Ford Ford Freezer van unleaded gas Sr. meals / HS meals
15 356 49088 2013 Ford Ford Freezer van unleaded gas Sr. meals / HS meals
16 357 61130 2013 Ford Ford Freezer van unleaded gas Sr. meals / HS meals
17 358 19700 Chevy Cargo Van FMAAA donated unleaded gas Sr. meals / HS meals
18 359 96272 2016 Ford cargo-meal Delivery unleaded gas Sr. meals / HS meals
19 360 96273 2016 Ford cargo-meal Delivery unleaded gas Sr. meals / HS meals
20 361 96274 2016 Ford cargo-meal Delivery unleaded gas Sr. meals / HS meals
21 362 96275 2016 Ford cargo-meal Delivery unleaded gas Sr. meals / HS meals
22 363 96276 2016 Ford cargo-meal Delivery unleaded gas Sr. meals / HS meals
23 364 96277 2016 Ford cargo-meal Delivery unleaded gas Sr. meals / HS meals
24 365 96278 2016 Ford cargo-meal Delivery unleaded gas Sr. meals / HS meals
Total Meal Delivery Vehicles:24
KEY
CVRC: Central Valley Regional Center
DSS: Fresno County Department of Social Services (CalWORKS)
FMAAA: Fresno Madera Area Agency on Aging
HS: Fresno EOC Head Start 0 to 5
ST: Special Trips for Social Service Agencies
Sr.: Senior
Vet: California Veterans Home
EXHIBIT B PROPOSED 2023-24 SOCIAL SERVICE TRANSPORTATION
MAINTENANCE
AGENCY General Low-
Income Seniors Disabled Student Congregate Home-Bound Vehicles
Arc of Central California X
City of Fresno - Veterans Home X X X X
City of Fresno - West Park X X X X
City of Fresno - Three Palms X X X X
Central Valley Regional Center X X
Fresno County Department of Behavioral
Health X X X
Fresno EOC Food Services X X X
Fresno EOC Head Start X X X X
On demand services X
United Cerebral Palsy of Central California X
Special Trips for Social Service Agencies X X X X X X
MAINTENANCE
AGENCY General Low-
Income Seniors Disabled Student Congregate Home-Bound Vehicles
Arc of Central California X
Central Valley Regional Center X X
Fresno EOC Head Start X X X X
Fresno EOC Food Services X X X
On demand services X
United Cerebral Palsy of Central California X
Special Trips for Social Service Agencies X X X X X X
URBAN
MEAL DELIVERYTRANSPORTATION
RURAL
TRANSPORTATION MEAL DELIVERY
EXHIBIT C SOCIAL SERVICE TRANSPORTATION RIDERSHIP STATISTICS
URBAN RIDERSHIP STATISTICS
FY 2022-23 (PROJECTED)
SERVICE DESCRIPTION PASSENGER VEHICLE VEHICLE
TYPE TRIPS HOURS MILES
PASSENGER TRANSPORTATION
Senior Programs
City of Fresno - Veteran's Home Rideshare 3,291 2,380 17,709
City of Fresno - West Park 34 25 183
City of Fresno - Three Palms 68 49 365
Subtotal 3,393 2,454 18,257
Student (School Bus) Programs
Head Start Consolidate 6,727 1,333 17,947
Subtotal 6,727 1,333 17,947
Disabled Programs
United Cerebral Palsy (UCP)Rideshare 9,612 9,389 178,437
The Arc of Fresno Rideshare 23,167 18,747 278,889
School District Gap Transportation Rideshare 0 0 0
Central Valley Regional Center Rideshare 86,169 29,776 482,610
Subtotal 118,947 57,912 939,936
Low Income/Social Service Programs:
On demand services Timeshare 9 2 73
Department of Behavior Health Timeshare 0 0 0
Special Functions (Field Trips)Timeshare 1,198 1,184 14,189
Subtotal 1,207 1,186 14,262
Passenger Totals 130,274 62,885 990,402
SERVICE DESCRIPTION PASSENGER VEHICLE VEHICLE
TYPE MEALS HOURS MILES
MEAL DELIVERY TRANSPORTATION Center & Hmbnd.
ALL Fresno EOC Meal Delivery Timeshare 1,014,154 10,423 134,130
Delivery Total 1,014,154 10,423 134,130
FRESNO URBAN OPB TOTALS 1,144,428 73,308 1,124,532
EXHIBIT C SOCIAL SERVICE TRANSPORTATION RIDERSHIP STATISTICS (CONTINUED)
RURAL RIDERSHIP STATISTICS
FY 2022-23 (PROJECTED)
SERVICE DESCRIPTION PASSENGER VEHICLE VEHICLE
TYPE TRIPS HOURS MILES
PASSENGER TRANSPORTATION
Student (School Bus) Programs
Head Start Consolidate 5,076 525 3,588
Subtotal 5,076 525 3,588
Disabled Programs
United Cerebral Palsy (UCP)Rideshare 29,571 11,430 245,470
The Arc of Fresno Rideshare 17,030 12,319 230,354
Central Valley Regional Center Rideshare 4,769 4,761 89,952
Subtotal 51,370 28,509 565,776
Low Income/Social Service Programs:
On demand services; PACE, Uber, Lyft, Others Timeshare 7 1 47
Special Functions Timeshare 57 330 5,642
Subtotal 63 332 5,689
Passenger Totals 56,510 29,366 575,053
SERVICE DESCRIPTION PASSENGER VEHICLE VEHICLE
TYPE MEALS HOURS MILES
MEAL DELIVERY TRANSPORTATION Center & Hmbnd.
ALL Fresno EOC Meal Delivery Timeshare 292,066 4,499 115,140
Delivery Total 292,066 4,499 115,140
FRESNO RURAL OPB TOTALS 348,576 33,866 690,193
EXHIBIT D SOCIAL SERVICE TRANSPORTATION PERFORMANCE INDICATORS
URBAN SOCIAL SERVICE PERFORMANCE INDICATORS
(Projected and Budgeted)
RURAL SOCIAL SERVICE PERFORMANCE INDICATORS
(Projected and Budgeted)
Depreciation and Capital Costs are not included in above indicators.
FY 2022-23 PROJECTED TOTAL Cost per Cost per Cost per Trips per Trips per
SERVICE DESCRIPTION TRIPS HOURS MILES COSTS TRIP HOUR MILE HOUR MILE
Passenger Transportation 130,274 62,885 990,402 $4,515,274 $34.66 $71.80 $4.56 2.1 0.1
Delivery Transportation 1,014,154 10,423 134,130 $576,190 $0.57 $55.28 $4.30 97.3 7.6
Total/Average 1,144,428 73,308 1,124,532 $5,091,463 $4.45 $69.45 $4.53 15.6 1.0
FY 2023-24 BUDGETED TOTAL Cost per Cost per Cost per Trips per Trips per
SERVICE DESCRIPTION TRIPS HOURS MILES COSTS TRIP HOUR MILE HOUR MILE
Passenger Transportation 180,416 85,432 1,373,259 $5,547,667 $30.75 $64.94 $4.04 2.1 0.1
Delivery Transportation 1,166,277 11,986 154,249 $663,000 $0.57 $55.32 $4.30 97.3 7.6
Total/Average 1,346,693 97,418 1,527,508 $6,210,667 $4.61 $63.75 $4.07 13.8 0.9
FY 2022-23 PROJECTED TOTAL Cost per Cost per Cost per Trips per Trips per
SERVICE DESCRIPTION TRIPS HOURS MILES COSTS TRIP HOUR MILE HOUR MILE
Passenger Transportation 56,510 29,366 575,053 $1,632,911 $28.90 $55.60 $2.84 1.9 0.1
Delivery Transportation 292,066 4,499 115,140 $250,036 $0.86 $55.57 $2.17 64.9 2.5
Total/Average 348,576 33,866 690,193 $1,882,947 $5.40 $55.60 $2.73 10.3 0.5
FY 2023-24 BUDGETED TOTAL Cost per Cost per Cost per Trips per Trips per
SERVICE DESCRIPTION TRIPS HOURS MILES COSTS TRIP HOUR MILE HOUR MILE
Passenger Transportation 65,988 38,028 737,909 $1,919,000 $29.08 $50.46 $2.60 1.7 0.1
Delivery Transportation 335,876 5,174 132,412 $287,000 $0.85 $55.47 $2.17 64.9 2.5
Total/Average 401,865 43,202 870,320 $2,206,000 $5.49 $51.06 $2.53 9.3 0.5
EXHIBIT E URBAN SOCIAL SERVICE TRANSPORTATION REVENUE 2022-23 & 2023-24
URBAN SOCIAL SERVICE REVENUE URBAN SOCIAL SERVICE REVENUE
(Projected)(Budget)
FY 2022-23 FY 2023-24
1. CAPITAL REVENUE BUDGET 1. CAPITAL REVENUE BUDGET
A. FTA Section 5310 $270,219 A. FTA Section 5310 $270,219
B. FTA 5310 Match-TOLL CREDITS MATCH $0 B. FTA 5310 Match-TOLL CREDITS MATCH $0
TOTAL CAPITAL REVENUE $270,219 TOTAL CAPITAL REVENUE $270,219
2. OPERATING REVENUE 2. OPERATING REVENUE
A. Contract Service Revenue A. Contract Service Revenue
1. Central Valley Regional Center 2,569,056 1. Central Valley Regional Center $3,182,000
2. Fresno-Madera Area Agency on Aging 0 2. Fresno-Madera Area Agency on Aging N/A
3. Fresno EOC Head Start Tranporation 76,510 3. Fresno EOC Head Start Tranporation 139,000
4. Fresno EOC Food Services 367,511 4. Fresno EOC Food Services 523,000
5. Special Trips 283,057 5. Special Trips 328,000
6. Department of Behavioral Health 0 6. Department of Behavioral Health 61,500
7. City of Fresno - Veterans Home 0 7. City of Fresno - Veterans Home 209,350
8. City of Fresno - West Park 0 8. City of Fresno - West Park 2,158
9. City of Fresno - Three Palms 0 9. City of Fresno - Three Palms 4,317
10. School District Gap Transportation 26,000
Contracted Service Revenue Totals $3,296,133 Contracted Service Revenue Totals $4,475,325
Non-EOC Agency match funds Non-EOC Agency match funds
9. On demand services 11,479 6. On demand services 48,889
10. The Arc Fresno 110,000 7. The Arc Fresno 103,889
11. United Cerebral Palsy Central California 110,000 8. United Cerebral Palsy Central California 103,889
Non-EOC Agency match funds Totals $231,479 Non-EOC Agency match funds Totals $256,667
TOTAL Operational SERVICE REVENUE $3,527,612 TOTAL Operational SERVICE REVENUE $4,731,992
B. TDA / LTF 4.5 2022-23 1,485,704 B. TDA / LTF 4.5 2023-24 1,472,000
TDA / LTF 4.5 Carryover from 2021-22 921,600 TDA / LTF 4.5 Carryover from 2022-23 600,000
TDA / LTF 4.5 Projected carryover to 2023-24 600,000
TOTAL OPERATING REVENUE $5,334,916 TOTAL OPERATING REVENUE $6,803,992
TOTAL CAPITAL AND OPERATING REVENUE 5,605,135 TOTAL CAPITAL AND OPERATING REVENUE 7,074,211
EXHIBIT F URBAN SOCIAL SERVICE TRANSPORTATION EXPENDITURES 202 2-23 & 2023-24
URBAN CONTRACT FTA Total URBAN CONTRACT FTA Total
CATEGORIES LTF FUNDS 5310/5316 Projected LTF FUNDS 5310/5316 Budget
1. CAPITAL
A. FTA Section 5310 $0 $0 $270,219 $270,219 $0 $0 $270,219 $270,219
B. Vehicle Replacement $0 0 0
* toll credits to be used for 5310 match 0
TOTAL CAPITAL EXPENSES $0 $0 $270,219 $270,219 $0 $0 $270,219 $270,219
2. DIRECT OPERATING
A. Service Contracts $189,392 $0 189,392 $210,000 $0 210,000
B. Direct Operating Costs
(1) Fuel 171,687 $348,503 $520,191 134,570.86 $477,929 $612,500
(2) Maintenance/Registration 118,530 $240,601 $359,130 92,826.43 $329,674 $422,500
(3) Depreciation/Interest/Vehicles - $0 $0 - $0 $0
(4) Insurance 28,437 $57,724 $86,161 22,520.02 $79,980 $102,500
(5) Uniform Costs 2,430 $4,933 $7,363 1,757.66 $6,242 $8,000
(6) Radio Service 1,336 $2,712 $4,047 988.68 $3,511 $4,500
(7) Contingency- Fuel/Misc.17,055 $34,620 $51,675 13,402.16 $47,598 $61,000
TOTAL DIRECT OPER EXPENSES $528,868 $689,093 $0 $1,217,960 $476,066 $944,934 $0 $1,421,000
3. TRANSIT PERSONNEL
A. Drivers 556,242 $1,129,100 $1,685,342 435,350.45 $1,546,150 $1,981,500
B. Supervision/Dispatch/Admin.199,676 $405,318 $604,995 151,268.63 $537,231 $688,500
C. Fringe Benefits 265,064 $538,046 $803,110 207,513.75 $736,986 $944,500
TOTAL PERSONNEL EXPENSES $1,020,982 $2,072,465 $0 $3,093,446 $794,133 $2,820,367 $0 $3,614,500
4. ADMINISTRATION
A. Fresno EOC Administration 97,200 $197,304 $294,504 76,348.36 $271,152 $347,500
B. Telephone/Utilities 45,719 $92,804 $138,523 35,702.47 $126,798 $162,500
C. Supplies 104,728 $212,586 $317,314 82,060.76 $291,439 $373,500
D. Miscellaneous 9,808 $19,908 $29,716 7,689.76 $27,310 $35,000
TOTAL ADMIN EXPENSES $257,455 $522,602 $0 $780,057 $201,801 $716,699 $0 $918,500
TOTAL OPERATING EXPENSES $1,807,304 $3,284,159 $0 $5,091,463 $1,472,000 $4,482,000 $0 $5,954,000
TOTAL EXPENDITURES $1,807,304 $3,284,159 $270,219 $5,361,682 $1,472,000 $4,482,000 $270,219 $6,224,219
URBAN SOCIAL SERVICE EXPENDITURES
(Budget)
FY 2023-24
URBAN SOCIAL SERVICE EXPENDITURES
(Projected)
FY 2022-23
EXHIBIT F-1 URBAN SOCIAL SERVICE EXPENDITURES BY CONTRACT 2022-23 & 2023-24
31055 31021 31130 31100 31090 31017 31017 31017 31160 31007 31180
CVRC FMAAA
FRESNO EOC
HEAD START
ALL MEAL
DELIVERY
SPECIAL
TRIPS
CITY OF FRESNO -
VETERANS HOME
CITY OF FRESNO -
WEST PARK
CITY OF FRESNO -
THREE PALMS
ON DEMAND
SERVICES
THE ARC
FRESNO UCP FRESNO DBH
TOTAL
BUDGET
CATEGORIES
OPERATING REVENUE
CONTRACT REVENUE 2,569,056 - 76,510 367,511 283,057 - - - 11,479 110,000 110,000 - $3,527,613
CONTRACT REVENUE AUGMENTATION $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
TDA / LTF 4.5 981,054 - 79,469 208,678 91,929 249,079 2,568 5,136 9,392 90,000 90,000 - $1,807,304
TOTAL OPERATING REVENUE $3,550,110 $0 $155,979 $576,190 $374,985 $249,079 $2,568 $5,136 $20,870 $200,000 $200,001 $0 $5,334,917
OPERATING EXPENSES
DIRECT OPERATING EXPENSES
A. Service Contracts $0 $0 $0 $0 $0 $0 $0 $0 $9,392 $90,000 $90,000 $189,392
B. Direct Operating Costs
(1) Fuel $386,329 $0 $15,620 $66,518 $19,767 $30,998 $320 $639 $0 $0 $0 $0 $520,191
(2) Maintenance/Registration $267,220 $0 $10,650 $43,920 $15,288 $21,391 $221 $441 $0 $0 $0 $0 $359,130
(3) Depreciation/Interest/Vehicles $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
(4) Insurance $69,416 $0 $1,832 $5,566 $3,463 $5,707 $59 $118 $0 $0 $0 $0 $86,161
(5) Uniform Costs $6,216 $0 $146 $0 $504 $482 $5 $10 $0 $0 $0 $0 $7,363
(6) Radio Service $3,393 $0 $225 $0 $137 $283 $3 $6 $0 $0 $0 $0 $4,047
(7) Contingency- Fuel/Misc.$43,679 $0 $1,687 $442 $2,268 $3,491 $36 $72 $0 $0 $0 $0 $51,675
TOTAL DIRECT OPER EXPENSES $776,252 $0 $30,161 $116,447 $41,427 $62,352 $643 $1,286 $9,392 $90,000 $90,000 $0 $1,217,960
TRANSIT PERSONNEL
A. Drivers $1,229,471 $0 $57,884 $267,978 $54,668 $73,080 $753 $1,507 $0 $0 $0 $0 $1,685,342
B. Supervision/Dispatch/Admin.$441,348 $0 $20,779 $96,197 $19,625 $26,234 $270 $541 $0 $0 $0 $0 $604,995
C. Fringe Benefits $638,721 $0 $30,006 $63,310 $28,014 $41,767 $431 $861 $0 $0 $0 $0 $803,110
TOTAL PERSONNEL EXPENSES $2,309,540 $0 $108,669 $427,486 $102,307 $141,081 $1,454 $2,909 $0 $0 $0 $0 $3,093,446
ADMINISTRATION
A. Fresno EOC Administration $216,073 $0 $8,773 $32,257 $22,535 $14,421 $149 $297 $0 $0 $0 $0 $294,504
B. Telephone/Utilities $118,024 $0 $4,685 $0 $6,110 $9,413 $97 $194 $0 $0 $0 $0 $138,523
C. Supplies $106,008 $0 $2,746 $0 $200,059 $8,247 $85 $170 $0 $0 $0 $0 $317,314
D. Miscellaneous $24,213 $0 $946 $0 $2,548 $1,949 $20 $40 $0 $0 $0 $0 $29,716
TOTAL ADMIN EXPENSES $464,317 $0 $17,149 $32,257 $231,251 $34,030 $351 $702 $0 $0 $0 $0 $780,057
TOTAL OPERATING EXPENSES $3,550,110 $0 $155,979 $576,190 $374,985 $237,463 $2,448 $4,896 $9,392 $90,000 $90,000 $0 $5,091,463
FY 2022-223
URBAN SOCIAL SERVICE EXPENDITURES BY CONTRACT
(Projected)
EXHIBIT F-1 URBAN SOCIAL SERVICE EXPENDITURES BY CONTRACT 2022-23 & 2023-24 (CONTINUED)
31055 31070 31130 31100 31090 31017 31017 31017 31160 31007 31180 31015
CVRC
SCHOOL DISTRICT GAP
TRANSPORTATION
FRESNO EOC
HEAD START
ALL MEAL
DELIVERY
SPECIAL
TRIPS
CITY OF FRESNO -
VETERANS HOME
CITY OF FRESNO -
WEST PARK
CITY OF FRESNO -
THREE PALMS
ON DEMAND
SERVICES
THE ARC
FRESNO
UCP
FRESNO
FRESNO
COUNTY
DBH
TOTAL
BUDGET
CATEGORIES
OPERATING REVENUE
CONTRACT REVENUE $3,182,000 26,000.00 $139,000 $523,000 $328,000 $215,825 $2,225 $4,450 $48,889 $103,889 $103,889 61,500.00 $4,738,667
CONTRACT REVENUE AUGMENTATION $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
TDA / LTF 4.5 900,000.00 21,000.00 40,000.00 140,000.00 81,000.00 58,200 600 1,200 40,000.00 85,000.00 85,000.00 20,000.00 $1,472,000
TOTAL OPERATING REVENUE $4,082,000 $47,000 $179,000 $663,000 $409,000 $274,025 $2,825 $5,650 $88,889 $188,889 $188,889 $81,500 $6,210,667
OPERATING EXPENSES
DIRECT OPERATING EXPENSES
A. Service Contracts $0 $0 $0 $0 $0 $0 $0 $40,000 $85,000 $85,000 $210,000
B. Direct Operating Costs
(1) Fuel $444,500 5,000.00 $18,000 $76,500 $23,000 $35,890 $370 $740 $0 $0 $0 8,500.00 $612,500
(2) Maintenance/Registration $307,000 3,500.00 $12,000 $50,500 $18,000 $24,735 $255 $510 $0 $0 $0 6,000.00 $422,500
(3) Depreciation/Interest/Vehicles $0 - $0 $0 $0 $0 $0 $0 $0 $0 $0 - $0
(4) Insurance $80,000 1,000.00 $2,500 $6,500 $4,000 $6,790 $70 $140 $0 $0 $0 1,500.00 $102,500
(5) Uniform Costs $7,000 - $0 $0 $500 $485 $5 $10 $0 $0 $0 - $8,000
(6) Radio Service $4,000 - $0 $0 $0 $485 $5 $10 $0 $0 $0 - $4,500
(7) Contingency- Fuel/Misc.$50,000 500.00 $2,000 $500 $3,000 $3,880 $40 $80 $0 $0 $0 1,000.00 $61,000
TOTAL DIRECT OPER EXPENSES $892,500 $10,000 $34,500 $134,000 $48,500 $72,265 $745 $1,490 $40,000 $85,000 $85,000 $17,000 $1,421,000
TRANSIT PERSONNEL
A. Drivers $1,414,000 16,000.00 $66,500 $308,000 $62,500 $84,390 $870 $1,740 $0 $0 $0 27,500.00 $1,981,500
B. Supervision/Dispatch/Admin.$507,500 5,500.00 $24,000 $110,500 $0 $30,070 $310 $620 $0 $0 $0 10,000.00 $688,500
C. Fringe Benefits $734,500 7,500.00 $34,500 $73,000 $32,000 $48,015 $495 $990 $0 $0 $0 13,500.00 $944,500
TOTAL PERSONNEL EXPENSES $2,656,000 $29,000 $125,000 $491,500 $94,500 $162,475 $1,675 $3,350 $0 $0 $0 $51,000 $3,614,500
ADMINISTRATION
A. Fresno EOC Administration $248,500 3,000.00 $10,500 $37,500 $26,000 $16,490 $170 $340 $0 $0 $0 5,000.00 $347,500
B. Telephone/Utilities $135,500 1,500.00 $5,000 $0 $7,000 $10,670 $110 $220 $0 $0 $0 2,500.00 $162,500
C. Supplies $122,000 3,000.00 $3,000 $0 $230,000 $9,700 $100 $200 $0 $0 $0 5,500.00 $373,500
D. Miscellaneous $27,500 500.00 $1,000 $0 $3,000 $2,425 $25 $50 $0 $0 $0 500.00 $35,000
TOTAL ADMIN EXPENSES $533,500 $8,000 $19,500 $37,500 $266,000 $39,285 $405 $810 $0 $0 $0 $13,500 $918,500
TOTAL OPERATING EXPENSES $4,082,000 $47,000 $179,000 $663,000 $409,000 $274,025 $2,825 $5,650 $88,889 $188,889 $188,889 $81,500 $6,210,667
URBAN SOCIAL SERVICE EXPENDITURES BY CONTRACT
(BUDGET)
FY 2023-24
EXHIBIT G RURAL SOCIAL SERVICE TRANSPORTATION REVENUE 2022-23 & 2023-24
RURAL SOCIAL SERVICE REVENUE RURAL SOCIAL SERVICE REVENUE
(Projected)(Budget)
FY 2022-23 FY 2023-24
1. CAPITAL REVENUE PROJECTED 1. CAPITAL REVENUE BUDGET
TDA / LTF 4.5 $0 TDA / LTF 4.5 $0
Social Service Revenue - $0 Social Service Revenue - $0
TOTAL CAPITAL REVENUE $0 TOTAL CAPITAL REVENUE $0
2. OPERATING REVENUE 2. OPERATING REVENUE
A. Contract Service Revenue: A. Contract Service Revenue:
1. Central Valley Regional Center 806,289 1. Central Valley Regional Center $986,500
2. Fresno EOC Head Start 34,297 2. Fresno EOC Head Start $66,000
3. Fresno EOC Food Services 168,373 3. Fresno EOC Food Services $203,000
4. Special Trips 23,583 4. Special Trips $27,400
Contracted Service Revenue $1,032,542 Contracted Service Revenue $1,282,900
Non-EOC Agency match funds Non-EOC Agency match funds
5. On demand services 5,469 5. On demand services $36,667
6. The Arc Fresno 170,500 6. The Arc Fresno $91,667
7. United Cerebral Palsy Central California 121,000 7. United Cerebral Palsy Central California $91,667
Non-EOC Agency match funds Totals $296,969 Non-EOC Agency match funds Totals $220,000
TOTAL SERVICE REVENUE $1,329,512 TOTAL SERVICE REVENUE $1,502,900
B. TDA / LTF 4.5 2022-23 $649,269 B. TDA / LTF 4.5 2023-24 $703,100
TDA / LTF 4.5 Carryover from 2021-22 $136,136 TDA / LTF 4.5 Carryover from 2022-23 $135,000
TDA / LTF 4.5 To be carried over to 2023-24 135,000
TOTAL OPERATING REVENUE $1,979,917 TOTAL OPERATING REVENUE $2,341,000
TOTAL REVENUE $1,979,917 TOTAL REVENUE $2,341,000
EXHIBIT H RURAL SOCIAL SERVICE TRANSPORTATION EXPENDITURES 2022-23 & 2023-24
Projected Budget
FY 2022-23 FY 2023-24
RURAL SOC SVC FTA Total RURAL SOC SVC FTA Total
CATEGORIES LTF FUNDS SEC 16 Projected LTF FUNDS SEC 16 Budget
1. CAPITAL
A. Vehicle Replacement $0 $0 $0 $0 $0 $0 $0 $0
TOTAL CAPITAL EXPENSES $0 $0 $0 $0 $0 $0 $0 $0
2. DIRECT OPERATING
A. Service Contracts $442,975 $0 $442,975 $180,000 $0 $180,000
B. Direct Operating Costs
(1) Fuel 32,274.54 $191,774 $224,049 74,438.93 $182,561 $257,000
(2) Maintenance/Registration 22,148.13 $131,603 $153,752 51,267.28 $125,733 $177,000
(3) Depreciation/Interest/Vehicles - $0 $0 - $0 $0
(4) Insurance 5,216.88 $30,999 $36,215 11,875.47 $29,125 $41,000
(5) Uniform Costs 469.42 $2,789 $3,259 1,013.76 $2,486 $3,500
(6) Radio Service 254.03 $1,509 $1,763 434.47 $1,066 $1,500
(7) Contingency - Fuel Inflation/misc.3,155.47 $18,750 $21,905 7,096.32 $17,404 $24,500
TOTAL DIRECT OPER. EXPENSES $506,493 $377,425 $0 $883,918 $326,126 $358,374 $0 $684,500
3. TRANSIT PERSONNEL
A. Drivers 64,938.09 $385,860 $450,798 174,077.02 $426,923 $601,000
B. Supervision/Dispatch 23,311.11 $138,514 $161,825 62,273.81 $152,726 $215,000
C. Fringe Benefits 25,883.42 $153,798 $179,682 69,225.30 $169,775 $239,000
TOTAL PERSONNEL EXPENSES $114,133 $678,172 $0 $792,305 $305,576 $749,424 $0 $1,055,000
4. ADMINISTRATION
A. Fresno EOC Administration 12,266.40 $72,887 $85,153 30,847.26 $75,653 $106,500
B. Telephone/Utilities 8,656.23 $51,435 $60,091 19,985.55 $49,014 $69,000
C. Supplies 7,083.91 $42,092 $49,176 16,364.98 $40,135 $56,500
D. Miscellaneous 1,772.41 $10,532 $12,304 4,199.86 $10,300 $14,500
TOTAL ADMIN EXPENSES $29,779 $176,946 $0 $206,724 $71,398 $175,102 $0 $246,500
TOTAL OPERATING EXPENSES $650,405 $1,232,542 $0 $1,882,947 $703,100 $1,282,900 $0 $1,986,000
TOTAL EXPENDITURES $650,405 $1,232,542 $0 $1,882,947 $703,100 $1,282,900 $0 $1,986,000
RURAL SOCIAL SERVICE EXPENDITURESRURAL SOCIAL SERVICE EXPENDITURES
EXHIBIT H-1 RURAL SOCIAL SERVICE EXPENDITURES BY CONTRACT 2022-23 & 2023-24
CVRC
FRESNO EOC
HEAD START
ALL MEAL
DELIVERY
SPECIAL
TRIPS
ON DEMAND
SERVICES
ARC
FRESNO UCP FCRTA AUG
TOTAL
BUDGET
CATEGORIES
OPERATING REVENUE
CONTRACT REVENUE $806,289 $34,297 $168,373 $23,583 5,469 170,500 121,000 $0 $1,329,512
CONTRACT REVENUE AUGMENTATION $0 $0 $0 $0 $0 $0 $0 $200,000 $200,000
TDA / LTF 4.5 271,465 45,377 81,663 8,925 4,475 139,500 99,000 $0 $650,405
TOTAL OPERATING REVENUE $1,077,754 $79,675 $250,036 $32,508 $9,944 $310,000 $220,000 $200,000 $2,179,917
NON-EOC AGENCY MATCH FUNDS *$5,469 $170,500 $121,000 $296,969
OPERATING EXPENSES
DIRECT OPERATING EXPENSES
A. Service Contracts $0 $0 $0 $0 $4,475 $139,500 $99,000 $200,000 $442,975
B. Direct Operating Costs
(1) Fuel $181,565 $6,282 $31,614 $4,587 $0 $0 $0 $0 $224,049
(2) Maintenance/Registration $125,361 $4,312 $20,936 $3,143 $0 $0 $0 $0 $153,752
(3) Depreciation/Interest/Vehicles $0 $0 $0 $0 $0 $0 $0 $0 $0
(4) Insurance $31,611 $711 $2,877 $1,016 $0 $0 $0 $0 $36,215
(5) Uniform Costs $3,156 $62 $0 $40 $0 $0 $0 $0 $3,259
(6) Radio Service $1,600 $100 $0 $63 $0 $0 $0 $0 $1,763
(7) Contingency- Fuel/Misc.$20,507 $670 $213 $514 $0 $0 $0 $0 $21,905
TOTAL DIRECT OPER EXPENSES $363,801 $12,138 $55,641 $9,363 $4,475 $139,500 $99,000 $200,000 $883,918
TRANSIT PERSONNEL
A. Drivers $297,801 $29,667 $113,043 $10,286 $0 $0 $0 $0 $450,798
B. Supervision/Dispatch/Admin.$106,903 $10,650 $40,580 $3,692 $0 $0 $0 $0 $161,825
C. Fringe Benefits $129,044 $19,434 $26,779 $4,424 $0 $0 $0 $0 $179,682
TOTAL PERSONNEL EXPENSES $533,748 $59,751 $180,402 $18,403 $0 $0 $0 $0 $792,305
ADMINISTRATION
A. Fresno EOC Administration $64,671 $4,522 $13,992 $1,968 $0 $0 $0 $0 $85,153
B. Telephone/Utilities $57,041 $1,830 $0 $1,221 $0 $0 $0 $0 $60,091
C. Supplies $46,814 $1,062 $0 $1,301 $0 $0 $0 $0 $49,176
D. Miscellaneous $11,679 $372 $0 $253 $0 $0 $0 $0 $12,304
TOTAL ADMIN EXPENSES $180,205 $7,786 $13,992 $4,742 $0 $0 $0 $0 $206,724
TOTAL OPERATING EXPENSES $1,077,754 $79,675 $250,036 $32,508 $4,475 $139,500 $99,000 $200,000 $1,882,947
FY 2022-23 PROJECTED
EXHIBIT H-1 RURAL SOCIAL SERVICE EXPENDITURES BY CONTRACT 2022-23 & 2023-24 (CONTINUED)
CVRC
FRESNO EOC
HEAD START
ALL MEAL
DELIVERY
SPECIAL
TRIPS
ON DEMAND
SERVICES
ARC
FRESNO UCP
TOTAL
BUDGET
CATEGORIES
OPERATING REVENUE
CONTRACT REVENUE $986,500 $66,000 $203,000 $27,400 $36,667 $91,667 $91,667 $1,502,900
CONTRACT REVENUE AUGMENTATION $0 $0 $0 $0 $0 $0 $0 $0
TDA / LTF 4.5 $405,000 25,000.00 84,000.00 9,100.00 30,000.00 75,000.00 75,000.00 $703,100
TOTAL OPERATING REVENUE $1,391,500 $91,000 $287,000 $36,500 $66,667 $166,667 $166,667 $2,206,000
NON-EOC AGENCY MATCH FUNDS *$30,000 $75,000 $75,000 $180,000
OPERATING EXPENSES
DIRECT OPERATING EXPENSES
A. Service Contracts $0 $0 $0 $0 $30,000 $75,000 $75,000 $180,000
B. Direct Operating Costs
(1) Fuel $208,500 $7,500.00 $36,000.00 $5,000.00 $0 $0 $0 $257,000
(2) Maintenance/Registration $144,500 $5,000.00 $24,000.00 $3,500.00 $0 $0 $0 $177,000
(3) Depreciation/Interest/Vehicles $0 $0.00 $0.00 $0.00 $0 $0 $0 $0
(4) Insurance $36,000 $500.00 $3,500.00 $1,000.00 $0 $0 $0 $41,000
(5) Uniform Costs $3,500 $0.00 $0.00 $0.00 $0 $0 $0 $3,500
(6) Radio Service $1,500 $0.00 $0.00 $0.00 $0 $0 $0 $1,500
(7) Contingency- Fuel/Misc.$23,500 $500 $0 $500 $0 $0 $0 $24,500
TOTAL DIRECT OPER EXPENSES $417,500 $13,500 $63,500 $10,000 $30,000 $75,000 $75,000 $684,500
TRANSIT PERSONNEL
A. Drivers $425,000 $34,000.00 $130,000.00 $12,000.00 $0 $0 $0 $601,000
B. Supervision/Dispatch/Admin.$152,500 $12,000.00 $46,500.00 $4,000.00 $0 $0 $0 $215,000
C. Fringe Benefits $180,500 $22,500.00 $31,000.00 $5,000.00 $0 $0 $0 $239,000
TOTAL PERSONNEL EXPENSES $758,000 $68,500 $207,500 $21,000 $0 $0 $0 $1,055,000
ADMINISTRATION
A. Fresno EOC Administration $83,000 $5,000 $16,000 $2,500 $0 $0 $0 $106,500
B. Telephone/Utilities $65,500 $2,500.00 $0.00 $1,000.00 $0 $0 $0 $69,000
C. Supplies $54,000 $1,000.00 $0.00 $1,500.00 $0 $0 $0 $56,500
D. Miscellaneous $13,500 $500.00 $0.00 $500.00 $0 $0 $0 $14,500
TOTAL ADMIN EXPENSES $216,000 $9,000 $16,000 $5,500 $0 $0 $0 $246,500
TOTAL OPERATING EXPENSES $1,391,500 $91,000 $287,000 $36,500 $66,667 $166,667 $166,667 $2,206,000
FY 2023-24 BUDGET
COMMITTEE MEMBERS
ORIE RUBALCAVA – Senior Management Analyst, Fresno Area Express
JOANA GARCIA – Management Analyst II, Fresno Area Express
ANALICIA JESSE – Senior Management Analyst, Fresno Area Express
MOSES STITES– General Manager, Fresno County Rural Transit Agency
JANELLE DEL CAMPO – Operations Manager, Fresno County Rural Transit Agency
BACKGROUND
The City of Fresno’s Department of Transportation/Fresno Area Express (FAX) and
Fresno County Rural Transit Agency (FCRTA) solicited a Joint Request for Proposals
(RFP) for the Social Services Transportation. On April 18, 2023, FAX and FCRTA
received one proposal from Fresno Economic Opportunity Commission (FEOC)
expressing interest in providing FAX and FCRTA Social Services Transportation services.
On April 24, 2023, the committee members assembled and discussed the merits of the
proposal from FEOC.
SIGNIFICANT EVENTS
April 3, 2023 – Proposal Release
April 11, 2023 – Pre-Proposal Meeting
April 18, 2023 – Proposal Opening
April 24, 2023 – Committee Meeting
April 25 2023 – Committee Request for Proposal Alterations
May 1, 2023 – Committee Meeting with FEOC
EVALUATION CRITERIA
The Selection Committee evaluated the proposal based upon seven categories:
1.Key Personnel Experience - Technical experience in performing work of a closely
similar nature; experience working with public agencies; experience in proving
specifically this type of service, strength and stability of the firm; strength, stability,
experience, and technical competence of sub-consultants; assessment by client
references; references with demonstrated success in providing similar services.
2.Capacity – The current and future capacity of the contractor to meet the needs of
the social service transportation program.
3.References – Provide as a minimum three (3) references for the projects cited as
related experience, and furnish the name, title, address and telephone number of
the person(s) at the client organization who is most knowledgeable about the work
performed.
4. Completeness of Response - Completeness of response in accordance with RFP
instructions; exceptions to or deviations from the RFP requirements that the
Agency cannot or will not accommodate; and any other relevant factors not
considered elsewhere.
5. Debarment – Any proposer found to be debarred from federal, state, or local
procurements will be excluded or disqualified from award.
6. CTSA Conformance – All proposals will be reviewed to verify that program or
operation meets the requirements of the designated Fresno County Rural and
Urban CTSA. The proposal will also be reviewed to ensure that the proposed
program or operation is cost effective and will be administered and operated in a
way consistent with sound financial, legal, and business practices.
7. Community Benefit – Proposals will be evaluated to determine the benefits to the
clients and passengers being served.
COMMITTEE NOTES
FEOC is the current provider of Social Service Transportation services for Fresno
County’s designated rural and urban areas. Their past performance with FAX and FCRTA
in addition to this proposal demonstrates FEOC’s capacity and capability to deliver Social
Services Transportation to the region. It is with high confidence that FEOC’s programs
will be and operated in a way consistent with sound financial, legal, and business
practices as required by the Fresno Council of Governments (FCOG) Consolidated
Transportation Service Agency (CTSA) action plan. It is with high confidence that FEOC’s
programs will provide a community benefit.
SUMMARY RECOMMENDATION
After independent evaluation of the proposals and group deliberation, the committee
determined that the proposal from FEOC satisfies the evaluation criteria of the RFP and
recommends award to FEOC for Social Services Transportation services for both rural
and urban CTSA designated areas.
10 | P a g e
F. SAMPLE AGREEMENT
CITY OF FRESNO SERVICE CONTRACT
THIS CONTRACT (Contract) is made and entered into by and between the CITY OF
FRESNO, a California municipal corporation (City), and [Contractor Name], [Legal
Identity] (Contractor), as follows:
1. CONTRACT DOCUMENTS. The "Notice Inviting Proposals," "Instructions to
Proposers," "Proposal" and the "Specifications" including "General Conditions," "Special
Conditions", “Functional Specifications” and “Technical Requirements” for the following:
[Title and Request for Proposals No.] copies of which are annexed hereto, together with
all the documents specifically referred to in said annexed documents, including the
Performance Bond, if required, are hereby incorporated into and made a part of this
Contract, and shall be known as the Contract Documents.
2. PRICE. For the monetary consideration of [WRITTEN $ AMOUNT] DOLLARS
AND [WRITTEN CENTS AMOUNT] CENTS ($[Dollar amount; e.g. $5,000]), as set forth
in the Proposal, Consultant promises and agrees to perform or cause to be performed, in
a good and workmanlike manner, and to the satisfaction of the City, and in strict
accordance with the Specifications, all of the work as set forth in the Contract Documents.
3. PAYMENT. The City accepts the Consultant's Proposal as stated and agrees to
pay the consideration stated, at the times, in the amounts, and under the conditions
specified in the Contract Documents. The Consultant agrees to accept electronic payment
from the City.
4. INDEMNIFICATION. To the furthest extent allowed by law, including but not
limited to California Civil Code section 2782, the Consultant shall indemnify, hold
harmless and defend the City and each of its officers, officials, employees, agents and
volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages
(whether in contract, tort or strict liability, including, but not limited to personal injury, death
at any time and property damage) and from any and all claims, demands and actions in
law or equity (including reasonable attorney's fees and litigation expenses), that arise out
of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the
Consultant, its principals, officers, employees, agents, or volunteers in the performance
of this Agreement.
If the Consultant should subcontract all or any portion of the services to be performed
under this Agreement, the Consultant shall require each subcontractor to indemnify, hold
harmless and defend the City and each of its officers, officials, employees, agents, an d
volunteers in accordance with the terms of the preceding paragraph. This section shall
survive termination or expiration of this Contract.
5. 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.]
11 | P a g e
IN WITNESS WHEREOF, the parties have executed this Contract on the day and year
here below written, of which the date of execution by the City shall be subsequent to that
of the Consultant’s, and this Contract shall be binding and effective upon execution by
both parties.
CITY OF FRESNO,
A California municipal corporation
By:
[Name]
[Title]
Dated:
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By:
[Attorney Name] Date
Supv./Senior Deputy City Attorney
ATTEST:
TODD STERMER, CMC
City Clerk
By:
Date
Deputy
[CONTRACTOR NAME],
[Legal Identity]
By:
Name:
Title:
(If corporation or LLC., Board Chair,
Pres. or Vice Pres.)
By:
Name:
Title:
(If corporation or LLC., CFO, Treasurer,
Secretary or Assistant Secretary)
REVIEWED BY:
Addresses:
CITY:
City of Fresno
Attention: [Name]
[Title]
[Street Address]
Fresno, CA [Zip]
Phone: (559) [#]
E-mail: [E-mail address]
CONTRACTOR:
[Contractor Name]
Attention: [Name]
[Title]
[Street Address]
[City, State Zip]
Phone: [area code and #]
E-mail: [E-mail address]
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-844 Agenda Date:6/8/2023 Agenda #:
1.-R.
REPORT TO THE CITY COUNCIL
FROM:GREGORY A. BARFIELD, M.A., Assistant City Manager and Interim Director
Department of Transportation
BY:LINDA TAYLOR, Administrative Manager
Department of Transportation
ELIZABETH TORRES, Senior Management Analyst
Department of Transportation
SUBJECT
RESOLUTION - Authorizing submission of funding requests to the Low Carbon Transit Operations
Program for bus service operating support and hydrogen fuel cell bus purchase, execution of grant
award documents if awarded, and execution of related certifications and assurances and authorized
agent forms.
RECOMMENDATION
Staff recommends Council approve a resolution authorizing the Director of Transportation or
designee to submit a 2022-23 Low Carbon Transit Operations Program (LCTOP) funding requests to
the California Department of Transportation (Caltrans) to fund one (1) year of operating support for
new service enhancements and capital funding support to match the purchase of two (2) Hydrogen
Fuel Cell Electric Buses (FCEBs). Additionally, staff recommends the Director of Transportation or
designee execute and file all necessary funding documents on behalf of the City and execute the
required Certifications and Assurances and Authorized Agent Forms.
EXECUTIVE SUMMARY
In 2015, Council approved a continuing authorizing resolution to enable the Department to apply for
and receive LCTOP funding each year. Caltrans is now requesting that the Department provide a
new resolution each year that specifies the projects to be funded with that year’s funding allocation.
The attached resolution, therefore, includes both the authorization to execute funding agreements
and specifies the project to be funded.
In previous years of this program, FAX utilized LCTOP funding for unscheduled extra service during
peak ridership hours and for the first, second, and third years of service for the Increased Frequency
Weekend Service and for the Extended Night Service, as well as to purchase and install real-time
bus stop displays, ADA accessibility improvements, and two years of service enhancements including
the new FAX Route 03 (Herndon cross-town through Council Districts 2 and 6) and the Route 28
City of Fresno Printed on 6/2/2023Page 1 of 3
powered by Legistar™
06/08/2023
MA/MK 6-0
TM ABSENT
R. 2023-176
APPROVED ON CONSENT
File #:ID 23-844 Agenda Date:6/8/2023 Agenda #:
1.-R.
the new FAX Route 03 (Herndon cross-town through Council Districts 2 and 6)and the Route 28
alignment to serve the new Fresno County Department of Social Services (DSS,through Council
Districts 1,3,4,and 7),as well as the interline of FAX Routes 12 (West of 99,through Council
Districts 1 and 2) and 35 (Olive cross-town, through Council Districts 3, 4, and 7).
This year,FAX proposes to use LCTOP funding for two (s)projects:Transit service expansion along
Church Avenue and capital support to match the purchase of two (2)FCEBs.The proposed Church
Avenue service will provide connections to 4 existing FAX routes,increasing access to the entire FAX
transit system.The FCEB purchase is primarily funded by FTA funding,which requires a non-federal
match of 20%. FAX proposes to use LCTOP funding as the match for this purchase.
BACKGROUND
Senate Bill 862 (2014)included the Low Carbon Transit Operations Program (LCTOP)to fund transit-
specific projects in California to serve disadvantaged communities (DACs)and improve air quality by
providing demonstrable reductions in Greenhouse Gas Emissions (GHGs).LCTOP funding may only
be applied to operating projects for the first three years of new or expanded transit service or capital
projects that lead to significant reductions of GHG emissions whose benefits are realized by
residents of disadvantaged and/or low-income communities.LCTOP funds may not be used as
general capital or operating support or revenue replacement for lost transit fares.
In order to qualify for LCTOP funding,FAX must quantify the anticipated GHG reductions within
approved DACs of the proposed project using the California Air Resources Board (CARB)Benefits
Calculator Tool in the application and in all progress reports.This Benefits Calculator Tool ensures
the proposed project avoids substantial burdens,such as physical or economic displacement of low-
income households,small businesses,minority or women-owned businesses,or increase exposure
of low-income households to toxic pollutants or other health risks.The Benefits Calculator Tool also
estimates the following selected co-benefits and key variables from LCTOP projects:reductions in
criteria and toxic air pollutants (in tons),including diesel particulate matter (PM),nitrogen oxide
(NOx),reactive organic gases (ROG),fine PM less than 2.5 micrometers,passenger VMT reductions
(in miles),fossil fuel use reductions,renewable energy generated in kilowatt hours (kWh),fossil fuel
energy use reductions (kWh), travel cost savings ($),energy savings, and fuel cost savings ($).
The legislation named the California Department of Transportation (Caltrans)as the administrative
agency for LCTOP and defined project sponsors (eligible recipients)that may receive the funding,
which includes the City of Fresno Department of Transportation/FAX.The statutes related to state-
funded transit projects require an implementing agency to abide by various regulations and Caltrans
has developed guidelines for the purpose of administering and distributing LCTOP funds to local
agencies.
The program requires recipient agencies to provide a resolution from their governing body each year
to approve the projects.In 2015,Council provided this approval through a continuing authorizing
resolution.LCTOP funding received in prior cycles has funded both the Increased Frequency
Weekend Service and the Extended Night Service,as well as various bus stop improvements such
as real-time bus stop display signs and ADA accessibility improvements.
This year,FAX proposes to use LCTOP funding for two (s)projects:Transit service expansion along
Church Avenue and capital support to match the purchase of two (2)FCEBs.The proposed Church
City of Fresno Printed on 6/2/2023Page 2 of 3
powered by Legistar™
File #:ID 23-844 Agenda Date:6/8/2023 Agenda #:
1.-R.
Church Avenue and capital support to match the purchase of two (2)FCEBs.The proposed Church
Avenue service will provide connections to 4 existing FAX routes (41,38,34,and 32,in Council
Districts 3 and 5),and will also have stops within walking distance to connect to FAX route 28,truly
increasing access to the entire FAX transit system.The expansion will be primarily funded by
LCTOP, with the required match coming from Measure C revenues.
The FCEB purchase is primarily funded by FTA Program 5339c funding,which requires non-federal
match of 20%.FAX proposes to use LCTOP funding as the match for this purchase,which will
provide the first FCEBs for the FAX fleet.
ENVIRONMENTAL FINDINGS
This authorization to submit grant applications is not a “project”for the purposes of the California
Environmental Quality Act, pursuant to CEQA Guidelines section 15378.
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
There is no fiscal impact to the General Fund from this request.The proposed projects will be funded
through LCTOP revenues, Measure C, and FTA Program 5339c.
Attachments:
Resolution
Certifications and Assurances
City of Fresno Printed on 6/2/2023Page 3 of 3
powered by Legistar™
FY 2022-2023 LCTOP
Authorized Agent
AS THE Click here to enter text.
(Chief Executive Officer/Director/President/Secretary)
OF THE Click here to enter text.
(Name of County/City/Transit Organization)
I hereby authorize the following individual(s) to execute for and on behalf of the
named Regional Entity/Transit Operator, any actions necessary for the purpose of
obtaining Low Carbon Transit Operations Program (LCTOP) funds provided by
the California Department of Transportation, Division of Rail and Mass
Transportation. I understand that if there is a change in the authorized agent, the
project sponsor must submit a new form. This form is required even when the
authorized agent is the executive authority himself. I understand the Board must
provide a resolution approving the Authorized Agent. The Board Resolution
appointing the Authorized Agent is attached.
Click here to enter text. OR
(Name and Title of Authorized Agent)
Click here to enter text. OR
(Name and Title of Authorized Agent)
Click here to enter text. OR
(Name and Title of Authorized Agent)
Click here to enter text. OR
(Name and Title of Authorized Agent)
Click here to enter text. Click here to enter text.
(Print Name) (Title)
(Signature)
Approved this Choose an item. day of Choose an item. , Click
FY 2022-2023 LCTOP
Certifications and Assurances
Lead Agency: Lead Agency
Project Title: Project Title
Prepared by: Prepared by
The California Department of Transportation (Caltrans) has adopted the following
Certifications and Assurances for the Low Carbon Transit Operations Program (LCTOP).
As a condition of the receipt of LCTOP funds, Lead Agency must comply with these
terms and conditions.
A. General
1. The Lead Agency agrees to abide by the current LCTOP Guidelines and applicable legal
requirements.
2. The Lead Agency must submit to Caltrans a signed Authorized Agent form designating
the representative who can submit documents on behalf of the project sponsor and a
copy of the board resolution appointing the Authorized Agent.
B. Project Administration
1. The Lead Agency certifies that required environmental documentation is complete before
requesting an allocation of LCTOP funds. The Lead Agency assures that projects
approved for LCTOP funding comply with Public Resources Code § 21100 and § 21150.
2. The Lead Agency certifies that a dedicated bank account for LCTOP funds only will be
established within 30 days of receipt of LCTOP funds.
3. The Lead Agency certifies that when LCTOP funds are used for a transit capital project,
that the project will be completed and remain in operation for its useful life.
4. The Lead Agency certifies that it has the legal, financial, and technical capacity to carry
out the project, including the safety and security aspects of that project.
5. The Lead Agency certifies that they will notify Caltrans of pending litigation, dispute, or
negative audit findings related to the project, before receiving an allocation of funds.
6. The Lead Agency must maintain satisfactory continuing control over the use of project
equipment and facilities and will adequately maintain project equipment and facilities for
the useful life of the project.
7. Any interest the Lead Agency earns on LCTOP funds must be used only on approved
LCTOP projects.
8. The Lead Agency must notify Caltrans of any changes to the approved project with a
Corrective Action Plan (CAP).
FY 2022-2023 LCTOP
9. Under extraordinary circumstances, a Lead Agency may terminate a project prior to
completion. In the event the Lead Agency terminates a project prior to completion, the
Lead Agency must (1) contact Caltrans in writing and follow-up with a phone call
verifying receipt of such notice; (2) pursuant to verification, submit a final report
indicating the reason for the termination and demonstrating the expended funds were
used on the intended purpose; (3) submit a request to reassign the funds to a new project
within 180 days of termination.
C. Reporting
1. The Lead Agency must submit the following LCTOP reports:
a. Annual Project Activity Reports October 27th each year.
b. A Close Out Report within six months of project completion.
c. The annual audit required under the Transportation Development Act
(TDA), to verify receipt and appropriate expenditure of LCTOP funds. A
copy of the audit report must be submitted to Caltrans within six months of
the close of the year (December 31) each year in which LCTOP funds have
been received or expended.
d. Project Outcome Reporting as defined by CARB Funding Guidelines.
e. Jobs Reporting as defined by CARB Funding Guidelines.
2. Other Reporting Requirements: CARB develops and revises Funding Guidelines that
will include reporting requirements for all State agencies that receive appropriations from
the Greenhouse Gas Reduction Fund. Caltrans and project sponsors will need to submit
reporting information in accordance with CARB’s Funding Guidelines, including
reporting on greenhouse gas reductions and benefits to disadvantaged communities.
D. Cost Principles
1. The Lead Agency agrees to comply with Title 2 of the Code of Federal Regulations 225
(2 CFR 225), Cost Principles for State and Local Government, and 2 CFR, Part 200,
Uniform Administrative Requirements for Grants and Cooperative Agreements to State
and Local Governments.
2. The Lead Agency agrees, and will assure that its contractors and subcontractors will be
obligated to agree, that:
a. Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition
Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the
allow ability of individual project cost items and
b. Those parties shall comply with Federal administrative procedures in accordance
with 2 CFR, Part 200, Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Governments. Every sub-recipient
receiving LCTOP funds as a contractor or sub-contractor shall comply with
FY 2022-2023 LCTOP
Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform
Administrative Requirements for Grants and Cooperative Agreements to State
and Local Governments.
3. Any project cost for which the Lead Agency has received funds that are determined by
subsequent audit to be unallowable under 2 CFR 225, 48 CFR, Chapter 1, Part 31 or 2
CFR, Part 200, are subject to repayment by the Lead Agency to the State of California
(State). All projects must reduce greenhouse gas emissions, as required under Public
Resources Code section 75230, and any project that fails to reduce greenhouse gases shall
also have its project costs submit to repayment by the Lead Agency to the State. Should
the Lead Agency fail to reimburse moneys due to the State within thirty (30) days of
demand, or within such other period as may be agreed in writing between the Parties
hereto, the State is authorized to intercept and withhold future payments due the Lead
Agency from the State or any third-party source, including but not limited to, the State
Treasurer and the State Controller.
A. Record Retention
1. The Lead Agency agrees and will assure that its contractors and subcontractors shall
establish and maintain an accounting system and records that properly accumulate and
segregate incurred project costs and matching funds by line item for the project. The
accounting system of the Lead Agency, its contractors and all subcontractors shall
conform to Generally Accepted Accounting Principles (GAAP) and enable the
determination of incurred costs at interim points of completion. All accounting records
and other supporting papers of the Lead Agency, its contractors and subcontractors
connected with LCTOP funding shall be maintained for a minimum of three (3) years
after the “Project Closeout” report or final Phase 2 report is submitted (per ARB Funding
Guidelines, Vol. 3, page 3.A-16), and shall be held open to inspection, copying, and audit
by representatives of the State and the California State Auditor. Copies thereof will be
furnished by the Lead Agency, its contractors, and subcontractors upon receipt of any
request made by the State or its agents. In conducting an audit of the costs claimed, the
State will rely to the maximum extent possible on any prior audit of the Lead Agency
pursuant to the provisions of federal and State law. In the absence of such an audit, any
acceptable audit work performed by the Lead Agency’s external and internal auditors
may be relied upon and used by the State when planning and conducting additional
audits.
2. For the purpose of determining compliance with Title 21, California Code of Regulations,
Section 2500 et seq., when applicable, and other matters connected with the performance
of the Lead Agency’s contracts with third parties pursuant to Government Code § 8546.7,
the project sponsor, its contractors and subcontractors and the State shall each maintain
and make available for inspection all books, documents, papers, accounting records, and
other evidence pertaining to the performance of such contracts, including, but not limited
to, the costs of administering those various contracts. All of the above referenced parties
shall make such materials available at their respective offices at all reasonable times
FY 2022-2023 LCTOP
during the entire project period and for three (3) years from the date of final payment.
The State, the California State Auditor, or any duly authorized representative of the State,
shall each have access to any books, records, and documents that are pertinent to a
project for audits, examinations, excerpts, and transactions, and the Lead Agency shall
furnish copies thereof if requested.
3. The Lead Agency, its contractors and subcontractors will permit access to all records of
employment, employment advertisements, employment application forms, and other
pertinent data and records by the State Fair Employment Practices and Housing
Commission, or any other agency of the State of California designated by the State, for
the purpose of any investigation to ascertain compliance with this document.
F. Special Situations
Caltrans may perform an audit and/or request detailed project information of the project
sponsor’s LCTOP funded projects at Caltrans’ discretion at any time prior to the
completion of the LCTOP.
I certify all of these conditions will be met.
Print Authorized Agents Name. Print Authorized Agents Name.
(Print Authorized Agent) (Title)
(Signature) (Date)
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-838 Agenda Date:6/8/2023 Agenda #:
1.-S.
REPORT TO THE CITY COUNCIL
FROM:GREGORY A. BARFIELD, M.A., Assistant City Manager and Interim Director
Department of Transportation
BY:LINDA TAYLOR, Administrative Manager
Department of Transportation
SARAH LAMBETH, Management Analyst II
Department of Transportation
SUBJECT
Reject all proposals for Product Requirements Contract 12301979 for the procurement of fare media
to be used by the Department of Transportation/Fresno Area Express (FAX).
RECOMMENDATION
Staff recommends Council reject all bid proposals for Product Requirements Contract 12301979 as a
bid deposit was not established in accordance with FMC1208. Staff further recommends Council
direct staff to complete a submission for a rebid that includes the required bid deposit language.
EXECUTIVE SUMMARY
On March 28, 2023, staff solicited competitive bids for the procurement of physical fare media for
FAX bus patrons. Contract language requiring a bid deposit in accordance with FMC1208 was
inadvertently omitted from the solicitation. Therefore, the Department of Transportation is requesting
approval to reject all bid proposals for Product Requirements Contract 12301979. The Department of
Transportation intends to resubmit the product requirements contract which will include language
requiring a bid deposit in accordance with FMC1208.
BACKGROUND
Fresno Area Express (FAX) directly operates more than 120 fixed route buses throughout the City of
Fresno’s 18 route transit system. Last fiscal year, FAX provided over 6.9 million rides transporting
passengers nearly 20 million miles. FAX expects these numbers to grow substantially in the coming
years as ridership returns to pre-pandemic levels. A rise in ridership will increase FAX’s need for
physical fare media.
Ride tickets and passes such as those advertised in the above referenced solicitation are used by a
City of Fresno Printed on 6/2/2023Page 1 of 2
powered by Legistar™
06/08/2023
MA/MK 6-0
TM ABSENT
APPROVED ON CONSENT
File #:ID 23-838 Agenda Date:6/8/2023 Agenda #:
1.-S.
wide variety of passengers. Organizations such as the Department of Child and Family Services, the
Department of Corrections, and Turning Point of Central California purchase these passes in bulk to
provide their customers with transportation to and from many essential services. Several schools
throughout Fresno purchase bulk passes to distribute to students providing transportation to and from
class for those who may not have access to personal vehicles or school-provided transportation.
Manchester Transit Center also offers ride tickets and passes to eligible individuals at a discounted
rate.
On March 28, 2023, FAX solicited bids from qualified vendors for the procurement of physical fare
media to be used by FAX bus patrons. FAX received two (2) bid proposals, one from Magnetic Ticket
and Label, and one from Electronic Data Magnetics. Both bidders were verified as being responsive
and responsible. After receiving the bids, staff was notified that all bids must be rejected due to the
inadvertent omission of contract language requiring a bid deposit as stated in FMC1208.
Offering physical fare media helps ensure equitable access to public transportation offered by the
City of Fresno’s Department of Transportation. Therefore, staff recommends Council approve the
rejection of all bids and direct staff to rebid the project as soon as practicable.
ENVIRONMENTAL FINDINGS
By the definition provided in the California Environmental Quality Act Guidelines Section 15378,this
request to reject all bids does not qualify as a “project.”
LOCAL PREFERENCE
Local preference was not implemented as there were no local vendors who submitted a bid proposal.
FISCAL IMPACT
There is no fiscal impact to the General Fund or FAX Enterprise Funds from this request to reject all
bids.
Attachments:
Notice Inviting Bids
Product Requirements Contract for Fresno Area Express Fare Media
Bid Evaluation Form
City of Fresno Printed on 6/2/2023Page 2 of 2
powered by Legistar™
NOTICE INVITING BIDS
Sealed or Electronic bids will be received at the office of the Purchasing Manager of the City of
Fresno for the following:
PRODUCT REQUIREMENTS CONTRACT FOR
FRESNO AREA EXPRESS FARE MEDIA
BID FILE NUMBER: 12301979
all in accordance with the plans and/or specifications, delivered F.O.B. DESTINATION, FREIGHT
PREPAID AND ALLOWED, to CITY OF FRESNO, 2223 G STREET, FRESNO, CALIFORNIA
93706.
Specifications and bid proposal forms for these items can be downloaded at the City’s
online website at:
http://www.fresno.gov. Doing Business (at the top of the screen), Bid Opportunities
Bids can be submitted electronically via Planet Bids or by paper only.
This Contract will be used primarily by the Department of Transportation. The Contract term is
for three (3) years, with provisions for three (3) one (1) year extensions.
Bid Proposals must be filed electronically using Planet Bids, by mail or with the Purchasing
Manager prior to the bid opening at 3 p.m. on Tuesday, March 28, 2023, when the bids will be
publicly opened and recorded. Electronically filed is defined as by means of electronic equipment
or devices. 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 Bid Proposal Form provided by the Purchasing Manager.
The City of Fresno hereby notifies all Bidders 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.
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 Procurement Specialist listed on the cover at
559-621-1153 or through the Questions and Answers field on Planet Bids.
The City reserves the right to reject any and all bids.
RC PRODUCTS – FED 1.1 Rev. 03-2021
FINANCE DEPARTMENT
PURCHASING DIVISION
BID SPECIFICATIONS
PRODUCT REQUIREMENTS CONTRACT FOR
FRESNO AREA EXPRESS FARE MEDIA
BID FILE NUMBER: 12301979
Table of Contents
NOTICE INVITING BIDS ........................................................................................................... 1.2
INSTRUCTIONS TO BIDDERS ................................................................................................. 1.3
BIDDER’S CHECKLIST ............................................................................................................. 1.7
BID PROPOSAL ........................................................................................................................ 1.8
TIME PERIOD TO AWARD/REJECT BIDS. ............................................................................ 1.10
CERTIFICATION FOR LOCAL PREFERENCE ...................................................................... 1.11
SIGNATURE PAGE ................................................................................................................. 1.13
CONTRACT DOCUMENT ....................................................................................................... 1.16
GENERAL CONDITIONS .......................................................................................................... 2.0
SPECIAL CONDITIONS ............................................................................................................ 3.0
TECHNICAL SPECIFICATIONS ................................................................................................ 4.0
EXHIBIT “X”, IF APPLICABLE ................................................................................................. 4.13
Procurement Specialist: Tamra Torrence
PHONE (559) 621-1153
FAX: (559) 457-1244
SCHEDULED BID OPENING: MARCH 28, 2023
RC PRODUCTS – FED 1.2 Rev. 03-2021
NOTICE INVITING BIDS
Sealed or Electronic bids will be received at the office of the Purchasing Manager of the City of
Fresno for the following:
PRODUCT REQUIREMENTS CONTRACT FOR
FRESNO AREA EXPRESS FARE MEDIA
BID FILE NUMBER: 12301979
all in accordance with the plans and/or specifications, delivered F.O.B. DESTINATION, FREIGHT
PREPAID AND ALLOWED, to CITY OF FRESNO, 2223 G STREET, FRESNO, CALIFORNIA
93706.
Specifications and bid proposal forms for these items can be downloaded at the City’s
online website at:
http://www.fresno.gov. Doing Business (at the top of the screen), Bid Opportunities
Bids can be submitted electronically via Planet Bids or by paper only.
This Contract will be used primarily by the Department of Transportation. The Contract term is
for three (3) years, with provisions for three (3) one (1) year extensions.
Bid Proposals must be filed electronically using Planet Bids, by mail or with the Purchasing
Manager prior to the bid opening at 3 p.m. on Tuesday, March 28, 2023, when the bids will be
publicly opened and recorded. Electronically filed is defined as by means of electronic equipment
or devices. 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 Bid Proposal Form provided by the Purchasing Manager.
The City of Fresno hereby notifies all Bidders 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.
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 Procurement Specialist listed on the cover at
559-621-1153 or through the Questions and Answers field on Planet Bids.
The City reserves the right to reject any and all bids.
RC PRODUCTS – FED 1.3 Rev. 03-2021
INSTRUCTIONS TO BIDDERS
PRODUCT REQUIREMENTS CONTRACT FOR
FRESNO AREA EXPRESS FARE MEDIA
BID FILE NUMBER: 12301979
BID PROPOSALS WILL BE CONSIDERED FOR AWARD ONLY IF THE BIDDER HAS
COMPLIED WITH THE FOLLOWING:
Bid Proposals shall be submitted on the forms furnished by the Purchasing Manager, with all
documents listed on the Bidder's Checklist, completely filled out, properly signed by the Bidder
and delivered, under sealed cover, plainly marked to the Office of the Purchasing Manager, 2101
G Street, Bldg A, Fresno, California, 93706 or electronically filed utilizing Planet Bids prior to the
date and time specified in the Notice Inviting Bids, when all bids will be publicly opened and
recorded. Bids received at 3:00 p.m. or after will not be accepted. The time stamp in the
Purchasing Division will be the official clock for documenting the time of filing. Electronically filed
is defined as by means of electronic equipment or devices.
In the event that both a paper and electronic bid for the same project are submitted, the City will
use and accept the electronic version as the authorized submittal.
CONTRACT DEFINITIONS. Attention of Bidders is especially directed to all provisions of the
Contract Documents as defined in the GENERAL CONDITIONS.
QUESTIONS, CLARIFICATIONS AND CONCERNS. The Specifications describing this
project/purchase 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 Division (see cover page) and may be submitted electronically. By utilizing
the Questions and Answers field on Planet Bids.
Questions will be accepted only up to 5 working days prior to the bid opening date to allow
the City, if necessary, to issue an addendum to all bidders 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, 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 her/his designee.
CONTACTS WITH CITY STAFF. Before an award is made, any contact with City staff, other
than the Purchasing Manager or his/her designee(s), without prior written authorization is strictly
prohibited and may render the Bidder non-responsible.
REGULATED COMMUNICATIONS IN CITY PROCUREMENT PROCESS ORDINANCE. 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.
RC PRODUCTS – FED 1.4 Rev. 03-2021
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.
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 and
City Charter.” Or view the Fresno Municipal Code directly at:
https://library.municode.com/ca/fresno/codes/code_of_ordinances
LOCAL PREFERENCE. Fresno Municipal Code Section 4-108 LOCAL PREFERENCE IN
CONTRACTS REQUIRING COMPETITIVE BIDDING provides for a local preference. Portions
pertinent to materials, supplies and/or equipment contracts are paraphrased as follows:
Except for those Contracts funded by the federal or state government when such funding
would be jeopardized because of this preference, the Council authorizes the Purchasing
Manager to extend a preference to a local business as expressly set forth herein.
Fresno Municipal Code section 4-108(a): For purposes of this section, “local business”
shall mean a business with a fixed primary or branch office either (i) within a twenty-five
mile radius of Fresno City Hall, located at 2600 Fresno Street in the City of Fresno, or (ii)
within the County of Fresno; and which fixed primary or branch office was established prior
to the City inviting bids for the respective purchase. The Purchasing Manager, in the
evaluation of any and all sealed bids for materials, supplies and/or equipment pursuant to
this section whenever the lowest responsive and responsible bid exceeds five hundred
thousand dollars ($500,000), shall extend a five percent (5%) preference to a local
business in award of the Contract as determined in subdivision (i) of “Extension of
the Preference” below.
Fresno Municipal Code section 4-108(b): For purposes of this section, “local business”
shall mean a business (i) having a total of one hundred or fewer employees, an average
annual gross receipts of twelve million dollars ($12,000,000.00) or less over the three
calendar years immediately prior to the year in which city is inviting bids for the respective
purchase, and having a valid small business certification issued by the State of California;
(ii) with a fixed primary or branch office either within a twenty-five mile radius of Fresno
City Hall, located at 2600 Fresno Street in the City of Fresno, or within the County of
Fresno; and (iii) which fixed primary or branch office was established prior to the city
inviting bids for the respective purchase. The Purchasing Manager, in the evaluation of
any and all sealed bids for materials, supplies and/or equipment pursuant to this section
whenever the lowest responsive and responsible bid is less than or equal to five hundred
thousand dollars ($500,000), shall extend a five percent (5%) preference to a local
business in award of the Contract as determined in subdivision (i) of “Extension of
the Preference” below.
Extension of the Preference: The preference under both Fresno Municipal Code sections
4-108(a) and (b) shall be extended consistent with each of the following:
RC PRODUCTS – FED 1.5 Rev. 03-2021
(i) The amount of the preference shall be equal to the amount of 5% applied to the
lowest responsive and responsible bid; provided, however, in no event shall
the amount of the preference exceed the sum of $75,000.
(ii) If the Bidder submitting the lowest responsive and responsible bid is not a local
business, and if a local business has also submitted a responsive and
responsible bid, and, with the benefit of the preference, the local business’ bid is
equal to or less than the original lowest responsive and responsible bid, the City
shall award the Contract to the local business at its submitted bid price.
(iii) The Bidder shall certify, under penalty of perjury, that the Bidder qualifies as a
local business. The preference is waived if the certification does not appear on
the bid.
Bidders shall submit the CERTIFICATION FOR LOCAL PREFERENCE form with their bid if they
seek the benefit of local preference.
APPROVED EQUALS. For equipment and material purchases, where brand name/model are
specified, the City reserves the right to evaluate any product or type of equipment offered on the
Bid Proposal and to determine acceptability as an "approved equal."
1. All Bid Proposals must be accompanied with pertinent information that provides sufficient
technical data to evaluate the item(s) offered. The information may consist of manufacturer’s
literature, specifications, drawings (to scale), sketches (to proportion) performance data, etc.,
where same is necessary to completely describe the product.
2. The decision of acceptability as an "approved equal" shall be within the sole discretion of
the City. If approval as an equal is denied by the City, Contractor shall provide one of the
manufacturers/brands listed in the Specifications without change in the Contract price.
3. Bidder shall contact the designated Procurement Specialist in the Purchasing Division and
submit Exhibit X at least seven (7) days prior to the scheduled bid opening.
EXCEPTIONS. Any exceptions taken at the time of or after bid submittal, may render the bid
nonresponsive. Attachments by Bidders which include legal terms and conditions that conflict
with the GENERAL CONDITIONS may be considered an exception, and Bidder may, therefore,
be considered nonresponsive.
BID APPEAL PROCEDURE. The City has an appeal procedure in place as adopted by the City
Council on April, 29, 2003 in Resolution No. 2003-129. Any bidder wishing to file an appeal should
refer to that Resolution. A copy of the Resolution may be obtained from the City Clerk's Office,
2600 Fresno Street, Fresno, CA 93721.
Once City staff has reviewed and evaluated the bid proposals received and has determined the
lowest responsible Bidder for award, that determination will be posted on a public bulletin board
outside the Purchasing Divisions Office and on the City’s website www.fresno.gov, Departments,
Finance, Purchasing, Anticipated Formal Bid Award, a minimum of 5 working days prior to Council
action to award a Contract for the project/purchase. The bulletin board and website will generally
be updated by Monday of each week, no later than 5 p.m. It is the sole responsibility of interested
bidders to seek this information from either of these sources.
Should bidders wish to appeal the staff determination, appeals must be received in writing within
5 working days from the time the determination is posted and conform to the requirements under
RC PRODUCTS – FED 1.6 Rev. 03-2021
Resolution No. 2003-129. "Working day" means a City of Fresno regular business day. In no
event will appeals be accepted later than 5:00 p.m. on the day before Council is scheduled to
take action on the Contract award. Appeals must be submitted to following:
City of Fresno Purchasing Division
2101 G Street, Bldg A
Fresno, CA 93706
Letters of appeal must clearly state why it is felt the staff's determination of bid award is to
someone other than the lowest responsive and responsible Bidder, or outside the procedural
requirements for the submission and opening of bids.
Appeals not submitted within the stated time will not be honored and the City will proceed to award
the Contract.
DEBARMENT. A Bidder 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 Bidder 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.
ADA. 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 bidder to comply with these accessibility
requirements if they are awarded a contract.
ACH Payment Initiative-Electronic Payment. Contractor 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
contractor 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 contractor shall comply with the Controller’s procedures to authorize electronic
payments. Contractor 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.
RC PRODUCTS – FED 1.7 Rev. 03-2021
BIDDER’S NAME:
(Submit with Bid Proposal)
BIDDER’S CHECKLIST
PRODUCT REQUIREMENTS CONTRACT FOR
FRESNO AREA EXPRESS FARE MEDIA
Bid File No. 12301979
SUBMIT THIS BIDDER'S CHECKLIST WITH YOUR BID DOCUMENTS. Bidders shall complete
and submit all documents marked with an "X" in the "REQUIRED" column. Documents required
on the checklist but not included may render your bid nonresponsive and ineligible for award. Bids
received by the City by the scheduled bid opening time will be opened and publicly read but are
subject to verification that all the required documents have been submitted.
REQUIRED
[X] 1. BID PROPOSAL PAGES 1.8 through 1.10.
[X] 2. CERTIFICATION FOR LOCAL PREFERENCE, if applicable, page 1.11.
[X] 3. ACH PAYMENT INITIATIVE – ELECTRONIC PAYMENT, page 1.12
[X] 4. SIGNATURE PAGES 1.13 and 1.14.
[X] 5. PRODUCT DATA SHEET 4.0 through 4.12.
[X] 6. ADDENDA - Signature page of all Addenda issued, if applicable.
Addenda No. _____ to _____ (Enter numbers).
[X] 7. LITERATURE/STANDARD WARRANTY. As required on page 4.0, paragraph (d),
any applicable manufacturer's Published Price List or website, and two copies, if
attached to paper copy, of the manufacturer's descriptive literature and
specifications or website, including a copy of the manufacturer's standard warranty.
SUBMITTED BY:
Name of Company Contact Name
Address City State Zip
Phone No. Fax No.
E-Mail Address:
_________________________________________________________________
RC PRODUCTS - FED 1.8 Rev. 03-2021
BIDDER'S NAME:
BID PROPOSAL
PRODUCT REQUIREMENTS CONTRACT FOR
FRESNO AREA EXPRESS FARE MEDIA
Bid File No. 12301979
TERM OF CONTRACT The Contract shall be in effect for three (3) years from the date of the Notice to
Proceed. The Contract may be extended, with the mutual consent of both parties, for three (3) one-year
increments.
TO: THE PURCHASING MANAGER OF THE CITY OF FRESNO
The undersigned Bidder hereby proposes to furnish to the City of Fresno, in accordance with the
Specifications annexed hereto and made a part hereof, the following item(s) delivered F.O.B.
Destination, Freight Prepaid & Allowed, to the jobsite(s) as specified in the Special Conditions
of these Specifications, and at the prices set forth in the following bid item(s):
BID
ITEM QTY DESCRIPTION UNIT PRICE TOTAL PRICE
PER THOUSAND
1. 500,000 Pre-Encoded 1 Ride Ticket $ $
2.125W x 3.375L
SEE EXAMPLE P. 4.1
2. 100,000 Pre-Encoded Reduced 1 Ride Ticket $ $
2.125W x 3.375L
SEE EXAMPLE P. 4.2
3. 20,000 Pre-Encoded Student 1 Ride Ticket $ $
2.125W x 3.375L
SEE EXAMPLE P. 4.3
4. 20,000 Pre-Encoded 10 Ride Ticket $ $
2.125W x 3.375L
SEE EXAMPLE P. 4.4
5. 20,000 Pre-Encoded Reduced 10 Ride Ticket $ $
2.125W x 3.375L
SEE EXAMPLE P. 4.5
6. 50,000 Pre-Encoded 31 Day Pass $ $
2.125W x 3.375L
SEE EXAMPLE P. 4.6
7. 20,000 Pre-Encoded Reduced 31 Day Pass $ $
2.125W x 3.375L
SEE EXAMPLE P. 4.7
8. 20,000 Pre-Encoded Student 31 Day Pass $ $
2.125W x 3.375L
SEE EXAMPLE P. 4.8
9. 20,000 Pre-Encoded FUSD Student 31 Day Pass $ $
2.125W x 3.375L
SEE EXAMPLE P. 4.9
RC PRODUCTS - FED 1.9 Rev. 03-2021
10. 70,000 Unencoded Smooth Varnish TVM Card $ $
2.125W x 3.375L
SEE EXAMPLE P. 4.10
11. 70,000 Unencoded Rough Varnish TVM Card $ $
2.125W x 3.375L
SEE EXAMPLE P. 4.11
12. 1,500,000 Unencoded FAX Transfer Ticket $ $
2.125W x 3.375L
SEE EXAMPLE P. 4.12
SUBTOTAL: $
Sales Tax 8.35%: $
Total Net Bid Amount: $
The Total Net Bid Amount is
________________________________________ Dollars and ______________________ Cents.
Completion of Bid Proposal Form to be Eligible for Award. Bidders must bid
all bid items within a section (including any Alternates). The Bidder is non-
responsive and ineligible for award in the event Bidder fails to initial this paragraph
on the line provided and completely fill in the Bid Proposal Form including, without
limitation, all dollar amounts and information called for on this Bid Proposal Form.
By his/her initials to the right hereof, Bidder represents he/she has read and
understands the consequences of not completely filling in this Bid Proposal Form.
Initial
The quantities listed on the Bid Proposal page(s) are annual estimates, shown for bidding purposes
only. The actual requirement of the City may be more or less than the quantities specified. The City
will pay for only those items which it actually orders during the term of the Contract.
RC PRODUCTS - FED 1.10 Rev. 03-2021
BIDDER'S NAME:
(Submit with Bid Proposal)
CONTRACT QUANTITIES. The City reserves the right to increase or decrease quantities in
accordance with available funds as appropriated by the City Council. If the City Council has not
appropriated funds or sufficient funds are not available to complete the purchase, the City reserves the
right to decrease quantities to stay within the budget limitations.
QUANTITIES FOR BIDDING PURPOSES. The quantities listed on the Bid Proposal page are shown
for bidding purposes only. The actual requirement of the City may be more or less than the specified
estimated quantities. The City will acquire its needs from the successful Bidder during the term of the
Contract and will pay for only those quantities it actually orders and receives.
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 Bidder'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 Bid Proposal. Signing the Bid Proposal on the signature page thereof shall
also constitute signature on all Addenda.
PRECEDENCE OF BID PRICES. In the event of discrepancies between the bid total, summaries of
totals and unit price extensions, the unit price correctly extended will control over the summaries of
totals, and the summaries of totals correctly added will control over the total, whether the summaries of
totals are extended unit prices or lump sums.
RIGHT TO REJECT ANY AND ALL BIDS. The City reserves the right to reject any and all bids.
TIME PERIOD TO AWARD/REJECT BIDS. The undersigned Bidder agrees that the City may have
NINETY (90) DAYS from the date bids are opened to accept or reject this Bid Proposal. It is further
understood that if the Bidder to whom any award is made fails to enter into a Contract as provided in
the Specifications, award may be made to the next lowest responsive and responsible Bidder, who shall
be bound to perform as if he/she had received the award in the first instance. No Bid Proposal may be
withdrawn prior to award within that time.
AWARD OF CONTRACT. When bids are submitted to the Council, the award will be made to the
lowest responsive and responsible bidder, subject to the right to reject any and all bids, pursuant to
Fresno Municipal Code section 4-102.
MINOR IRREGULARITIES. The City of Fresno reserves the right to waive any informality or minor
irregularity that does not have a monetary consideration when it is in the best interest of the public and
of the City to do so. A discrepancy that offers a Bidder an unfair advantage will cause the bid to be
nonresponsive.
TIEBREAKER. In the event a tiebreaker is needed to establish the lowest responsive and responsible
Bidder, the City shall, unless otherwise agreed upon by all participating parties, utilize a coin toss as a
tiebreaker to be administered by a third party chosen by mutual consent of the participants. Such coin
toss shall take place within 7 working days from the date of bid opening. If the City determines that a
tiebreaker is necessary, each applicable Bidder agrees to participate or to indemnify the City in any
litigation resulting from the utilization of the tiebreaker. If a Bidder refuses to timely participate, the City
shall conduct the coin toss in a manner determined by the City to be fair to all and the results of such
coin toss shall be final.
RC PRODUCTS - FED 1.11 Rev. 03-2021
BIDDER’S NAME:
(Submit with Bid Proposal, if applicable)
CERTIFICATION FOR LOCAL PREFERENCE
PRODUCT REQUIREMENTS CONTRACT FOR:
FRESNO AREA EXPRESS FARE MEDIA
Bid File No. 12301979
We certify that we qualify as a local business pursuant to Fresno Municipal Code section
4-108(a).
Location of Business: Primary Office [ ]
Please provide street address Branch Office [ ]
(PO Box is not acceptable) (Please mark as applicable)
Address:
Phone:
****************************************************************************************************
We certify that we qualify as a local business pursuant to Fresno Municipal Code section 4-108(b).
Location of Business: Primary Office [ ]
Please provide street address Branch Office [ ]
(PO Box is not acceptable) (Please mark as applicable)
Address:
Phone:
Provide total number of employees (includes employees of fixed primary and any branch offices of
Bidder):
The average annual gross receipts over the previous three calendar years to the city inviting bids herein
(includes gross receipts of fixed primary and any branch offices of Bidder)
$
Small Business Certification issued by the State of California
Certification Number: Date of expiration:
The undersigned Bidder hereby declares under penalty of perjury under the laws of the State of
California that the information contained on this CERTIFICATION FOR LOCAL PREFERENCE is
correct and complete.
The above Certification is part of the Bid Proposal. Signing this Bid Proposal on
the signature page thereof shall also constitute signature of this Certification.
Bidders are cautioned that making a false certification may subject the certifier to
criminal prosecution
RC PRODUCTS - FED 1.12 Rev. 03-2021
(Submit with Proposal)
Initial:____________________
CITY OF FRESNO
FINANCE DEPARTMENT
ACCOUNTS PAYABLE SECTION
AUTHORIZATION AGREEMENT FOR DIRECT PAYMENTS
(ACH PAYMENT)
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
RC PRODUCTS - FED 1.13 Rev. 03-2021
(Submit with Bid Proposal)
SIGNATURE PAGE
By my signature on this Bid Proposal I certify, under penalty of perjury, that the foregoing statements,
pages 1.7 through 1.12, and those contained herein are true and correct.
BID SUBMITTED BY:
(Please follow the instructions for each line, as explained below.)
(1) ( ) ( )
Bidding Firm Phone Fax
(2) [ ] Corp: State of Incorporation:
[ ] Individual
[ ] Partnership
[ ] 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:
INSTRUCTIONS FOR SIGNATURE PAGE
LINE 1: The name of the Bidder must be the same as that under which a license is issued, if a license
is required. If the Bidder is a corporation, enter the exact name of the corporation under
which it is incorporated; if Bidder is an individual, enter name; if Bidder 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 Bid Proposal and
any Contract awarded thereunder are to be addressed.
LINE 4: (a) If the Bidder is a corporation, the Bid 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 Articles of
Incorporation, a copy of the Bylaws, a copy of the Board Resolution or Minutes authorizing
the officer or employee to sign Contracts.
RC PRODUCTS - FED 1.14 Rev. 03-2021
(Submit with Bid Proposal)
(b) If Bidder is an individual, he/she must sign the Bid Proposal, or if the Bid Proposal is
signed by an employee or agent on behalf of the Bidder, 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 bids or must be
submitted with the Bid Proposal.
(c) If the Bidder is a partnership, the Bid 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 Bidder is a joint venture, the Bid 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 Bidder 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.
RC PRODUCTS - FED 1.15 Rev. 03-2021
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:
RC PRODUCTS - FED 1.16 Rev. 03-2021
CONTRACT DOCUMENT
(To be filed after award by successful Bidder)
RC PRODUCTS - FED 1.17 Rev. 03-2021
SAMPLE PRODUCT REQUIREMENTS CONTRACT
THIS CONTRACT is made and entered into by and between the CITY OF FRESNO, a California
municipal corporation, hereinafter called the "City," and [Contractor Name], [Legal Identity], hereinafter
called the "Contractor," as follows:
1. CONTRACT DOCUMENTS. The "Notice Inviting Bids," "Instructions to Bidders," "Bid
Proposal," and the "Specifications" including "General Conditions", "Special Conditions" and "Technical
Specifications" for the following: FRESNO AREA EXPRESS FARE MEDIA (Bid File No. [Number])
[Alternates (if any)] copies of which are annexed hereto, together with all the drawings, plans, and
documents specifically referred to in said annexed documents, and are hereby incorporated into and
made a part of this Contract, and shall be known as the Contract Documents.
2. PRICE. For the estimated monetary consideration of [WRITTEN $ AMOUNT] DOLLARS
AND [WRITTEN CENTS AMOUNT] CENTS ($[DOLLAR AMOUNT]), as set forth in the Bid Proposal,
Contractor promises and agrees to furnish or cause to be furnished, in a new and working condition,
and to the satisfaction of City, and in strict accordance with the Specifications, all of the items as set
forth in the Contract Documents.
3. PAYMENT. City accepts Contractor's Bid Proposal as stated and agrees to pay the
consideration stated, at the times, in the amounts, and under the conditions specified in the Contract
Documents. Contractor agrees to accept electronic payment from the City.
4. INDEMNIFICATION: To the furthest extent allowed by law, Contractor shall indemnify,
hold harmless and defend City and each of its officers, officials, employees, agents and volunteers from
any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or
strict liability, including, but not limited to personal injury, death at any time and property damage)
incurred by City, Contractor or any other person, and from any and all claims, demands and actions in
law or equity (including attorney's fees, litigation expenses, and costs to enforce this agreement), arising
or alleged to have arisen directly or indirectly out of performance of this Contract. Contractor's
obligations under the preceding sentence shall apply regardless of whether City or any of its officers,
officials, employees, agents or volunteers are passively negligent, but shall not apply to any loss,
liability, fines, penalties, forfeitures, costs or damages caused by the active or sole negligence, or by
the willful misconduct, of City or any of its officers, officials, employees, agents or volunteers.
If Contractor should subcontract all or any portion of the work to be performed under this Contract,
Contractor shall require each subcontractor to indemnify, hold harmless and defend City and each of
its officers, officials, employees, agents and volunteers in accordance with the terms of the preceding
paragraph.
This section shall survive termination or expiration of this Contract.
/ / /
/ / /
RC PRODUCTS - FED 1.18 Rev. 03-2021
IN WITNESS WHEREOF, the parties have executed this Contract on the day and year here below
written, of which the date of execution by City shall be subsequent to that of Contractor’s, and this
Contract shall be binding and effective upon execution by both parties.
[Contractor Name],
[Legal Identity]
By:
Name:
(Type or print written signature.)
Title:
Dated:
By:
Name:
(Type or print written signature.)
Title:
Dated:
CITY OF FRESNO,
a California municipal corporation
By:
[Name], Purchasing Manager
General Services Department
Dated:
ATTEST:
TODD STERMER, CMC
City Clerk
By:
Deputy
No signature of City Attorney required.
Standard Document #FIN 4.0 has been used
without modification, as certified by the
undersigned.
By:
[City Certifier Name]
[City Certifier Title]
General Services department
City address:
City of Fresno
Attention: [Name], [Title]
[Street Address]
Fresno, CA [Zip]
2.0
CITY OF FRESNO SPECIFICATIONS
PRODUCT REQUIREMENTS CONTRACT FOR
FRESNO AREA EXPRESS FARE MEDIA
BID FILE NUMBER: 12301979
GENERAL CONDITIONS
1. DEFINITIONS: Wherever used in the Specifications, including the Instructions to Bidders and
the Bid Proposal, or any of the Contract Documents, the following words shall have the meaning herein
given, unless the context requires a different meaning.
(a) "Bidder" shall mean and refer to each person or other entity submitting a bid proposal,
whether or not such person or entity shall become a Seller by virtue of award of a Contract
by the City.
(b) "City," “Buyer,” “Owner,” "Vendee" and "City of Fresno" shall each mean and refer to the City
of Fresno, California.
(c) "Contract" and "Contract Documents" shall each mean and refer to these Specifications,
including the Instructions to Bidders, the Bid Proposal and any addenda thereto, the
Agreement and other standard Specifications, City's Specifications and other papers and
documents incorporated by reference into or otherwise referred to in any of the foregoing
documents, whether or not attached thereto.
(d) "Contractor," Seller,” "Supplier" and "Contractor" shall each mean and refer to each person
or other entity awarded a Contract hereunder and named or to be named in the Agreement
with the City to furnish the goods or services, or both, to be furnished under the Contract.
(e) "Council" and "City Council" shall each mean and refer to the Council of the City.
(f) "Goods" and "Merchandise" shall each mean and refer to the equipment, material, article,
supply or thing to be furnished by the Seller under the Contract.
(g) "Purchasing Manager" shall mean and refer to the Purchasing Manager of the City.
(h) "Specifications" shall mean and refer to all of the Contract Documents.
(i) “Working day” shall mean and refer to City regular business day.
2. PRODUCTS LIABILITY INSURANCE: Contractor shall maintain, and provide the City of Fresno
with verification of, manufacturer's products liability insurance policy in excess of $1,000,000 by
providing a certificate of insurance on said Bid Item(s) equipment. Certificates shall be issued by an
insurance company meeting the requirements to conduct business in the state of California. City of
Fresno is required to be an additional insured with primary and non- contributory coverage in favor of
the City on this General Liability Policy.
3. INDEMNIFICATION: To the furthest extent allowed by law, Contractor shall indemnify, hold
harmless and defend City and each of its officers, officials, employees, agents and volunteers from any
and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in Contract, tort or strict
liability, including, but not limited to personal injury, death at any time and property damage) incurred
by City, Contractor or any other person, and from any and all claims, demands and actions in law or
equity (including attorney's fees, litigation expenses, and costs to enforce this agreement), arising or
alleged to have arisen directly or indirectly out of performance of this Contract. Contractor's obligations
under the preceding sentence shall apply regardless of whether the City or any of its officers, officials,
employees, agents or volunteers are passively negligent, but shall not apply to any loss, liability, fines,
penalties, forfeitures, costs or damages caused by the active or sole negligence, or by the willful
misconduct, of the City or any of its officers, officials, employees, agents or volunteers.
2.1
If Contractor should subcontract all or any portion of the work to be performed under this Contract,
Contractor shall require each subcontractor to indemnify, hold harmless and defend City and each of
its officers, officials, employees, agents and volunteers in accordance with the terms of the preceding
paragraph.
This section shall survive termination or expiration of this Contract.
4. WORKMANSHIP GUARANTY: The workmanship of the goods or services provided to the City
by the Contractor will be in accordance with generally accepted standards.
5. WARRANTY: For the purchase of equipment and material, the Contractor, unless otherwise
provided in the Specifications, shall guarantee all items furnished in accordance with the standard
guarantee offered by the manufacturer to cities and consumers of the product. The Contractor shall be
responsible for all warranty costs, including the transportation costs to and from the repair station.
6. PRECEDENCE OF CONTRACT DOCUMENTS: The order of precedence of documents shall
be: (1) Rules and Regulations of Federal Agencies relating to the source of funds for this purchase;
(2) Supplemental Agreements, Change Orders, or Contract the one dated later having precedence over
another dated earlier; (3) Special Conditions; (4) General Conditions; (5) Technical Specifications.
Whenever any conflict appears in any portion of the Contract, it shall be resolved by application of the
order of precedence.
7. CONTRACT DOCUMENTS: Upon award of the Contract, the Contractor shall execute and
submit all required documents (which will include the "Contract," a sample of which is included in these
Specifications on page 1.10) to the Purchasing Manager, 2101 G Street, Bldg A, Fresno, California
93706 in a form acceptable to the City of Fresno within 15 calendar days (except in the event federal
funding is applicable to this Contract, then 10 working days) from the date of Notice of Award. Failure
to provide said documents within the designated period shall be sufficient cause to forfeit the
Contractor's bid deposit and initiate a departmental recommendation to the Council to award the
Contract to the next lowest responsive and responsible Bidder.
8. ASSIGNMENT OF PAYMENT: Contractor hereby agrees it will not assign the payment of any
monies due it from the City under the terms of this Contract to any other individual(s), corporation(s) or
entity(ies). The City retains the right to pay any and all monies due Contractor directly to Contractor.
9. PATENTS: For the purchase of equipment and material, the Contractor shall hold the City of
Fresno, its officers and employees, harmless from any and all liability for damages arising out of the
use of any patented material, equipment, device or process incorporated into or made a part of or
required by the manufacturer's specifications to be used on or in connection with the material,
equipment or supplies purchased by the City pursuant to these Specifications, and Contractor agrees,
by submission of a proposal hereunder, to defend the City, at Contractor's sole expense, in any action
or suit for damages or injunctive relief on account of any allegedly unauthorized use of or infringement
of patent rights on any patented material, equipment, device or process, if the City is named as a
defendant in any such action or suit.
10. OSHA COMPLIANCE: For the purchase of equipment and material, the items covered by this
Contract must conform with the Safety Orders of the State of California, Division of Industrial Safety,
pursuant to the California Occupational Safety and Health Act, and the Federal Standards established
by the Occupational Safety and Health Act of 1970, and their present and future amendments during
the term of this Contract. In the event of a conflict between such Safety Orders and Federal Standards,
the items shall conform to the respective Order or Standard which is more restrictive.
11. RECYCLING PROGRAM: In the event Contractor 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,
Contractor at its sole cost and expense shall:
2.2
(i) Immediately establish and maintain a viable and ongoing recycling program, approved
by City’s Solid Waste Management Division, for each office and facility. Literature describing
City recycling programs is available from City’s Solid Waste Management Division and by calling
City of Fresno Recycling Hotline at (559) 621-1111.
(ii) Immediately contact City’s Solid Waste Management Division at (559) 621-1452 and
schedule a free waste audit, and cooperate with such Division in their conduct of the audit for
each office and facility.
(iii) Cooperate with and demonstrate to the satisfaction of City’s Solid Waste Management
Division the establishment of the recycling program in paragraph (i) above and the ongoing
maintenance thereof.
11. DELIVERY AND EXTENSIONS: Unless otherwise provided in the Specifications, delivery shall
be made F.O.B. the specified place of delivery within the City of Fresno or environs.
If Contractor is delayed making delivery by any conditions or events beyond the reasonable control of
Contractor and without its fault or negligence such as acts of God or the public enemy, acts of City in
its contractual capacity or otherwise, illegal strikes, boycotts or like illegal obstructive action by
employee or labor organizations, illegal general lockouts or other defensive action by employers,
whether general or by organizations of employers, fires, floods, epidemics, quarantine restrictions, and
delays of common carriers; Contractor shall have no claim for damages against City for any such cause
of delay, but shall in such cases be entitled to such extension of time as shall reasonably compensate
for actual loss of time occasioned thereby, upon application to said City Manager for such extension;
provided, that no such extension of time shall be granted unless Contractor shall have notified the
Purchasing Manager in writing, of the condition or event which is expected to cause a delay in delivery
and the actual or estimated number of days of delay anticipated on account thereof, within one week
after the commencement or occurrence of the condition or event. Contractor shall remedy such
occurrence with all reasonable dispatch, and shall promptly give written notice to the Purchasing
Manager of the cessation of such occurrence. The decision of said City Manager as to the number of
additional days, if any, to be allowed for completion of delivery on account of such condition or event,
shall be given in writing to Contractor.
12. PAYMENT: Unless otherwise provided in the Specifications, payment of the Contract price shall
be made by City to Contractor in lawful money of the United States by warrant of City issued and
delivered to Contractor in the ordinary course of City business promptly after completion of delivery of
the specified item(s) and their acceptance by City.
13. TERMINATION FOR CONVENIENCE: The City reserves the right to terminate this Contract
upon 60 calendar days prior written notice to the Contractor. In the event of such termination, the
Contractor shall be paid for satisfactory service performed to the date of termination.
14. TERMINATION FOR NON-PERFORMANCE: If Contractor shall (i) materially breach any of its
obligations under this Contract (including, without limitation, the failure to meet quality standards or to
complete delivery, within the time specified herein, of all or any part of the materials, equipment,
supplies or services to be provided under the Contract), and (iii) fail to commence and diligently pursue
reasonable efforts to cure such breach within 5 calendar days after written notice by the City specifically
describing the breach; the City Manager or his/her designee, acting for and on behalf of the City, may
at any time after the expiration of the time for delivery, terminate the Contract as to the whole thereof,
or in the event partial delivery has been made and accepted, as to such items or service to be furnished
which have not been delivered or accepted prior to such termination. Such termination shall be effective
upon receipt by Contractor of written notice of termination from said City Manager or his/her designee,
which notice shall be deemed to have been received by Contractor, if mailed, within forty-eight hours to
Contractor’s address as contained in the Contractor’s Bid Proposal or, if personally delivered, upon the
delivery thereof to Contractor, the authorized representative of Contractor, or to the Contractor’s said
address.
2.3
The Contractor may terminate this Contract if City materially breaches any of its obligations under this
Contract and fails to commence and diligently pursue reasonable efforts to cure such breach within
30 calendar days after written notice by the Contractor specifically describing the breach. Such
termination shall be effective upon receipt by City of written notice of termination from Contractor, which
notice shall be deemed to have been received by City, if mailed, within forty-eight hours to City’s address
as contained on the signature page of the Contract or, if personally delivered, upon the delivery thereof
to the authorized representative of City or to City’s said address.
15. NOTICES: Except as otherwise expressly provided in the Specifications, any notice required or
intended to be given to either party under the terms of this Contract shall be in writing and shall be
deemed to be duly given if delivered personally 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 the Bid Proposal in the case of the Contractor and
at the address set forth on the signature page of the Contract in the case of the City, 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: Subject to the following section, once this Contract is signed by all parties, it shall be
binding upon, and shall inure to the benefit of, all parties, and each parties' respective heirs, successors,
assigns, transferees, agents, servants, employees and representatives.
17. ASSIGNMENT: The Contract is personal to the Contractor and there shall be no assignment,
transfer, sale, or subcontracting by the Contractor of its rights or obligations under the Contract without
the prior written approval of the City. Any attempted assignment, transfer, sale or subcontracting by
the Contractor, its successors or assigns, shall be null and void unless approved in writing by the City.
18. COMPLIANCE WITH LAW: In providing the services required under this Contract, Contractor
and its subcontractors 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 Contract.
19. WAIVER: The waiver by either party of a breach by the other of any provision of this Contract
shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a
different provision of this Contract. No provisions of this Contract may be waived unless in writing and
signed by all parties to this Contract. Waiver of any one provision herein shall not be deemed to be a
waiver of any other provision herein.
20. HEADINGS: The section headings in this Contract are for convenience and reference only and
shall not be construed or held in any way to explain, modify or add to the interpretation or meaning of
the provisions of this Contract.
21. SEVERABILITY: The provisions of this Contract are severable. The invalidity, or
unenforceability of any one provision in this Contract shall not affect the other provisions.
22. INTERPRETATION: The parties acknowledge that this Contract in its final form is the result of
the combined efforts of the parties and that, should any provision of this Contract be found to be
ambiguous in any way, such ambiguity shall not be resolved by construing this Contract 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 the Contract, 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.
2.4
24. EXHIBITS: Each exhibit and attachment referenced in this Contract is, by the reference,
incorporated into and made a part of this Contract.
25. 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.
26. NO THIRD PARTY BENEFICIARIES: The rights, interests, duties and obligations defined within
this Contract are intended for the specific parties hereto as identified in the preamble of this Contract.
Notwithstanding anything stated to the contrary in this Contract, it is not intended that any rights or
interests in this Contract benefit or flow to the interest of any third parties other than expressly identified
within this section. The parties do intend that in the event that the State of California is funding the
purchase hereunder, that the State of California be a third party beneficiary under this Contract and all
rights, interest and benefits of this Contract accrue to the State.
27. FUNDING: This Contract is contingent on the appropriation of funds by City. Should funds not
be appropriated, this Contract may be terminated by City upon prior written notice to Contractor
notwithstanding any other provision of these General Conditions.
28. GOVERNING LAW AND VENUE: The Contract 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 the Contract and any rights and duties hereunder shall
be Fresno County, California.
29. EXTENT OF CONTRACT: Each party acknowledges that they have read and fully understand
the contents of this Contract. This Contract 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.
30. MODIFICATIONS AND CHANGE ORDERS: This Contract may be modified only by written
instrument duly authorized and executed by both City and Contractor in accordance with City’s current
applicable contract change order resolution, as may be revised. The City reserves the right to add,
modify or delete items from the Contract including, without limitation, the Special Conditions and
Technical Specifications. Any such changes shall be made only by means of a formal change order
signed by both the City and the Contractor.
RC PRODUCTS - FED 3.0 Rev. 03-2021
CITY OF FRESNO BID SPECIFICATIONS
PRODUCT REQUIREMENTS CONTRACT FOR
FRESNO AREA EXPRESS FARE MEDIA
BID FILE NUMBER: 12301979
SPECIAL CONDITIONS
TERM OF CONTRACT
This Contract shall be in effect for three (3) years from the date of the Notice to Proceed (“Initial Term”).
The Contract may be extended, with the mutual consent of both parties, for three (3) one-year
increments with price increases/decreases in accordance with the provisions set forth herein, all other
terms and conditions specified herein remaining the same. If either the City or Contractor elects not to
extend the Contract, or upon expiration of the final one-year extension term, the Contractor shall aid
the City in continuing, uninterruptedly, the requirements of the Contract, by continuing to perform on a
temporary basis, when specifically requested to do so in writing by the Purchasing Manager, for a
specified term not to exceed twelve months. Such continuance shall be subject to price
increases/decreases in accordance with the provisions set forth herein, and all other terms and
conditions remaining the same as if the Contract had been extended for such a temporary period by an
amendment hereto.
PRICING CONDITIONS
For the first 36-month period of the Contract, pricing will be fixed at the Bid Proposal price. Sixty days
prior to the 3-year anniversary date of the Contract, the Contractor may submit proposed pricing
revisions for the following 12-month period to the Purchasing Manager of the City of Fresno. The
Contractor must provide adequate documentation to substantiate any request for price increase. Any
increase in unit price for any item included in this Contract shall not exceed, unless otherwise approved
by the Purchasing Manager, the percent change for the following Producer’s Price Index, as published
by the Bureau of Labor Statistics: Producer Price Index by Commodity: Pulp, Paper, and Allied
Products: Commercial Printing (Product Code WPU0947). In the event that the index drops, the
Contractor shall pass on to the City an equivalent reduction in pricing. The basis of the index shall be
established as the last available month at the date of the Notice to Proceed.
If, during the course of this Contract, the Contractor’s selling price of any of the item(s) bid, is below the
Contract Bid Proposal price, the City will receive the lowest pricing.
AUTHORIZATION TO PLACE ORDERS
Names of individuals authorized to place orders will be provided in writing by the City upon or following
the issuance by the City of the Notice to Proceed. City may modify such writing from time to time by
notice to the Contractor.
CONTRACTOR’S AUTHORIZED REPRESENTATIVE
The name, mailing address, telephone number, any e-mail address and any facsimile number of
Contractor’s authorized representative shall be provided in writing by Contractor no later than 5 calendar
days following the issuance by the City of the Notice to Proceed.
DELIVERY
Cancellation of backorders is not acceptable.
Except as otherwise expressly provided herein, delivery(ies) shall be made within ninety (90) calendar
days from the respective City notification of release of goods against this Contract. The Contractor
must fill orders in their entirety within ninety (90) calendar days or must receive written approval from
the City for an extension of the delivery date. Any goods deemed by the City to be defective, or any
RC PRODUCTS - FED 3.1 Rev. 03-2021
wrong parts shipped in error, must be replaced within thirty (30) calendar days of notification.
Delivery of items is to be F.O.B. DESTINATION, FREIGHT PREPAID AND ALLOWED, to:
City of Fresno – Department of Transportation
Fresno Area Express
Attention: Sarah Lambeth
2223 G Street
Fresno, CA 93706
Delivery is to be made between the hours of 08:00 A.M. and 04:00 P.M. and during regular City of
Fresno working days.
NON-DELIVERY
If the Contractor fails to meet delivery requirements, the City may, but is not obligated to, procure the
goods from another source and recover any loss occasioned thereby (including, without limitation, any
increase in cost and liquidated damages for Contractor’s delay up to date of delivery and acceptance
by City of goods from another source), from any unpaid balance due the Contractor or through reduction
of future invoices. Otherwise, Contractor will reimburse City within 30 days of receipt of invoice from
the City. The price paid by the City shall be considered the prevailing market price at the time purchase
is made. City will notify Contractor of any decision to procure the goods from another source. Such
notification may be by telephone, electronic mail, or facsimile to Contractor or Contractor’s authorized
representative.
LIQUIDATED DAMAGES
Time of delivery is of the essence, and the City and Contractor, by executing the Contract, each agree
that actual damages to the City, and actual damages for the inconvenience and loss which will flow to
the inhabitants of the City, from any delay in delivery beyond the date or dates provided herein, or
portions thereof, are extremely difficult or impossible to determine, and, accordingly, it is agreed that
the Contractor shall be liable for and shall pay to the City, as fixed, agreed, and liquidated damages,
and not as a penalty the sum of thirty dollars ($30.00) per day for each calendar day of delay in delivery
of item(s) from the maximum delivery date as specified herein or in any written extension of time granted
by the City. Such payment due the City will be deducted by the City from any payments due to the
Contractor for item(s) delivered. Otherwise, Contractor will reimburse City within 30 days of receipt of
invoice from the City.
PAYMENT
The Contractor shall be eligible for progress payments upon delivery and acceptance of any number of
items.
The Contractor must invoice the correct department in the City of Fresno, Department of Transportation,
in order to initiate the payment process. Invoices shall be supplied in duplicates and conspicuously
displayed with the City of Fresno Purchase Order Number and shall be sent to:
City of Fresno – Department of Transportation
Fresno Area Express
Attention: Sarah Lambeth
2223 G Street
Fresno, CA 93706
4.0
CITY OF FRESNO SPECIFICATIONS
PRODUCT REQUIREMENTS CONTRACT FOR
FRESNO AREA EXPRESS FARE MEDIA
BID FILE NUMBER: 12301979
TECHNICAL SPECIFICATIONS
GENERAL
(a) It is the purpose and intent of these Specifications to describe the minimum requirements for fare
media to be used by the Department of Transportation within the City of Fresno.
(b) All items not specifically mentioned which are required for a complete unit shall be included in the
unit bid price.
(c) All equipment and accessories to be furnished must be new and in current production. All products
shall conform in design, strength, quality of material and workmanship to current industry standards.
(d) Each bid shall be accompanied by a copy of any applicable manufacturer's Published Price List or
website, and two copies of the manufacturer's descriptive literature and specifications or website,
including a copy of the manufacturer's standard warranty.
(e) All equipment and accessories shall comply with regulations of the Federal Occupational Safety
and Health Administration (OSHA) and the California Occupational Safety and Health Administration
(Cal/OSHA), whichever is more restrictive.
(f) Contract awardee shall submit a product data sheet for all fare media prior to production. Encoding
samples are required for pre-encoded media and shall be sent to:
City of Fresno – Department of Transportation
Fresno Area Express
Attention: Sarah Lambeth
2223 G Street
Fresno, CA 93706
(g) Product data sheets and encoding samples shall be approved prior to media production.
(h) Colors listed are for reference only. Other brands of the same color may be accepted upon
approval.
TECHNICAL SPECIFICATIONS:
(See Below)
RC PRODUCTS - FED 4.1 Rev. 03-2021
Bid Item 1. Pre-Encoded 1 Ride Ticket
Requirements:
Quantity 500,000
Quantity listed is an annual estimate used for bidding purposes. The actual requirement of the City of
Fresno may be more or less than this amount.
Specifications:
Layout
2.12”
3.375”
Colors: Black
White
7689C – Blue
485C – Red
188C – Red Shadow
Paper: 10 mil thermal paper.
Card Stock: Individual die cut card stock.
Magstripe: Industry standard. Pre-encoded for 1 Ride Regular Fare Ticket.
Numbering: Serial numbers to be determined.
Equipment: To be used with a Genfare Odyssey Fare Collection System, a Genfare Fast Fare Farebox,
and a Genfare Fast Fare E Farebox.
RC PRODUCTS - FED 4.2 Rev. 03-2021
Bid Item 2. Pre-Encoded Reduced 1 Ride Ticket
Requirements:
Quantity 100,000
Quantity listed is an annual estimate used for bidding purposes. The actual requirement of the City of
Fresno may be more or less than this amount.
Specifications:
Layout
2.12”
3.375”
Colors: Black
White
7689C – Blue
258C – Purple
260C – Purple Shadow
Paper: 10 mil thermal paper.
Card Stock: Individual die cut card stock.
Magstripe: Industry standard. Pre-encoded for 1 Ride Reduced Fare Ticket.
Numbering: Serial numbers to be determined.
Equipment: To be used with a Genfare Odyssey Fare Collection System, a Genfare Fast Fare Farebox,
and a Genfare Fast Fare E Farebox.
RC PRODUCTS - FED 4.3 Rev. 03-2021
Bid Item 3. Pre-Encoded Student 1 Ride Ticket
Requirements:
Quantity 20,000
Quantity listed is an annual estimate used for bidding purposes. The actual requirement of the City of
Fresno may be more or less than this amount.
Specifications:
Layout
2.12”
3.375”
Colors: Black
White
7689C – Blue
P 45-3C – Peach
P 45-16C – Orange Shadow
Paper: 10 mil thermal paper.
Card Stock: Individual die cut card stock.
Magstripe: Industry standard. Pre-encoded for 1 Ride Student Fare Ticket.
Numbering: Serial numbers to be determined.
Equipment: To be used with a Genfare Odyssey Fare Collection System, a Genfare Fast Fare Farebox,
and a Genfare Fast Fare E Farebox.
RC PRODUCTS - FED 4.4 Rev. 03-2021
Bid Item 4. Pre-Encoded 10 Ride Ticket
Requirements:
Quantity 20,000
Quantity listed is an annual estimate used for bidding purposes. The actual requirement of the City of
Fresno may be more or less than this amount.
Specifications:
Layout
2.12”
3.375”
Colors: Black
White
7689C – Blue
072C – Dark Blue
282C – Dark Blue Shadow
Paper: 10 mil thermal polypropylene card stock.
Card Stock: Individual die cut polypropylene card stock.
Magstripe: Industry standard. Pre-encoded for 10 Ride Regular Fare Ticket.
Numbering: Serial numbers to be determined.
Equipment: To be used with a Genfare Odyssey Fare Collection System, a Genfare Fast Fare Farebox,
and a Genfare Fast Fare E Farebox.
RC PRODUCTS - FED 4.5 Rev. 03-2021
Bid Item 5. Pre-Encoded Reduced 10 Ride Ticket
Requirements:
Quantity 20,000
Quantity listed is an annual estimate used for bidding purposes. The actual requirement of the City of
Fresno may be more or less than this amount.
Specifications:
Layout
2.12”
3.375”
Colors: Black
White
7689C – Blue
802C – Green
7732C – Green Shadow
Paper: 10 mil thermal polypropylene card stock.
Card Stock: Individual die cut polypropylene card stock.
Magstripe: Industry standard. Pre-encoded for 10 Ride Reduced Fare Ticket.
Numbering: Serial numbers to be determined.
Equipment: To be used with a Genfare Odyssey Fare Collection System, a Genfare Fast Fare Farebox,
and a Genfare Fast Fare E Farebox.
RC PRODUCTS - FED 4.6 Rev. 03-2021
Bid Item 6. Pre-Encoded 31 Day Pass
Requirements:
Quantity 50,000
Quantity listed is an annual estimate used for bidding purposes. The actual requirement of the City of
Fresno may be more or less than this amount.
Specifications:
Layout
2.12”
3.375”
Colors: Black
White
7689C – Blue
100C – Yellow
104C – Yellow Shadow
Paper: 10 mil thermal polypropylene card stock.
Card Stock: Individual die cut polypropylene card stock.
Magstripe: Industry Standard. Pre encoded for 31 Day Pass.
Numbering: Serial numbers to be determined.
Equipment: To be used with a Genfare Odyssey Fare Collection System, a Genfare Fast Fare Farebox,
and a Genfare Fast Fare E Farebox.
RC PRODUCTS - FED 4.7 Rev. 03-2021
Bid Item 7. Pre-Encoded Reduced 31 Day Pass
Requirements:
Quantity 20,000
Quantity listed is an annual estimate used for bidding purposes. The actual requirement of the City of
Fresno may be more or less than this amount.
Specifications:
Layout
2.12”
3.375”
Colors: Black
White
7689C – Blue
1505C – Orange
1525C – Orange Shadow
Paper: 10 mil thermal polypropylene card stock.
Card Stock: Individual die cut polypropylene card stock.
Magstripe: Industry standard. Pre-encoded for 31 Day Reduced Pass.
Numbering: Serial numbers to be determined.
Equipment: To be used with a Genfare Odyssey Fare Collection System, a Genfare Fast Fare Farebox,
and a Genfare Fast Fare E Farebox.
RC PRODUCTS - FED 4.8 Rev. 03-2021
Bid Item 8. Pre-Encoded Student 31 Day Pass
Requirements:
Quantity 20,000
Quantity listed is an annual estimate used for bidding purposes. The actual requirement of the City of
Fresno may be more or less than this amount.
Specifications:
Layout
2.12”
3.375”
Colors: Black
White
7689C – Blue
Pantone P Process Magenta C – Pink
P 80-1 C – Pink Shadow
Paper: 10 mil thermal polypropylene card stock.
Card Stock: Individual die cut polypropylene card stock.
Magstripe: Industry standard. Pre-encoded for 31 Day Student Pass.
Numbering: Serial numbers to be determined.
Equipment: To be used with a Genfare Odyssey Fare Collection System, a Genfare Fast Fare Farebox,
and a Genfare Fast Fare E Farebox.
RC PRODUCTS - FED 4.9 Rev. 03-2021
Bid Item 9. Pre-Encoded FUSD Student 31 Day Pass
Requirements:
Quantity 20,000
Quantity listed is an annual estimate used for bidding purposes. The actual requirement of the City of
Fresno may be more or less than this amount.
Specifications:
Layout
2.12”
3.375”
Colors: Black
White
7689C – Blue
Pantone P Process Magenta C – Pink
P 80-1 C – Pink Shadow
Paper: 10 mil thermal polypropylene card stock.
Card Stock: Individual die cut polypropylene card stock.
Magstripe: Industry standard. Pre-encoded for FUSD Student 31 Day Pass.
Numbering: Serial numbers to be determined.
Equipment: To be used with a Genfare Odyssey Fare Collection System, a Genfare Fast Fare Farebox,
and a Genfare Fast Fare E Farebox.
RC PRODUCTS - FED 4.10 Rev. 03-2021
Bid Item 10. Unencoded Smooth Varnish TVM Cards
Requirements:
Quantity 70,000
Quantity listed is an annual estimate used for bidding purposes. The actual requirement of the City of
Fresno may be more or less than this amount.
Specifications:
Layout
2.12”
3.375”
Colors: Black
White
Pantone 293 CVC – FAX Blue
100 – Cyan
56.08 – Magenta
0 – Yellow
Paper: 10 mil thermal polypropylene card stock.
Card Stock: Individual die cut polypropylene card stock.
Magstripe: Industry standard. Unencoded.
Numbering: Cards do not require numbering.
Equipment: To be used with a Genfare Odyssey Fare Collection System, a Genfare Fast Fare Farebox,
a Genfare Fast Fare E Farebox, Vendstar-4 Ticket Vending Machine.
RC PRODUCTS - FED 4.11 Rev. 03-2021
Bid Item 11. Unencoded Rough Varnish TVM Cards
Requirements:
Quantity 70,000
Quantity listed is an annual estimate used for bidding purposes. The actual requirement of the City of
Fresno may be more or less than this amount.
Specifications:
Layout
2.12”
3.375”
Colors: Black
White
Pantone 293 CVC – FAX Blue
100 – Cyan
56.08 – Magenta
0 – Yellow
Paper: 10 mil thermal polypropylene card stock.
Card Stock: Individual die cut polypropylene card stock.
Magstripe: Industry standard. Unencoded.
Numbering: Cards do not require numbering.
Equipment: To be used with a Genfare Odyssey Fare Collection System, a Genfare Fast Fare Farebox,
a Genfare Fast Fare E Farebox, and a Vendstar-4 Ticket Vending Machine.
RC PRODUCTS - FED 4.12 Rev. 03-2021
Bid Item 12. Unencoded FAX Transfer Ticket
Requirements:
Quantity 1,500,000
Quantity listed is an annual estimate used for bidding purposes. The actual requirement of the City of
Fresno may be more or less than this amount.
Specifications:
Layout
2.12”
3.375”
Colors: Black
White
Pantone P 109-8C – Medium Blue
Pantone P 109-4C – Light Blue
Pantone P 103-16C – Dark Blue
Paper: 10 mil thermal paper.
Card Stock: Individual die cut card stock.
Magstripe: Industry standard. Pre-encoded for 1 Ride Regular Fare Ticket.
Numbering: Cards do not require numbering.
Equipment: To be used with a Genfare Odyssey Fare Collection System, a Genfare Fast Fare Farebox,
and a Genfare Fast Fare E Farebox.
RC PRODUCTS - FED 4.13 Rev. 03-2021
BIDDER’S NAME:
(Submit with Bid Proposal, if applicable)
EXHIBIT “X”, IF APPLICABLE
PRODUCT PURCHASE CONTRACT FOR
FRESNO AREA EXPRESS FARE MEDIA
Bid File No. 12301979
If you are unable to fully conform to the specifications, have deviations to the specifications, request for
an approved equal, or are unable to comply with any condition herein described; Bidders shall contact
the designated Procurement Specialist in the Purchasing Division (see cover page), and submit
this form at least seven (7) days prior to the scheduled bid opening. Reference the requirement
you are unable to comply with and explain any deviation or exceptions below. If necessary, an
appropriate addendum will be issued to all bidders stating revisions, deletions, or additions to be made
to the Specifications as a result of any inquiries. The City will not be responsible for verbal responses
made by parties other than the Purchasing Manager or designee. Bidders shall submit this exhibit at
least seven days prior to the schedule bid opening or the bidder may be found non-responsive.
REFERENCE REMARKS
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-875 Agenda Date:6/8/2023 Agenda #:1.-T.
REPORT TO THE CITY COUNCIL
FROM:GREGORY A. BARFIELD, M.A., Assistant City Manager and Interim Director
Department of Transportation
BY:LINDA TAYOR, Administrative Manager
Department of Transportation
ORIE J. RUBALCAVA, Senior Management Analyst
Department of Transportation
SUBJECT
Reject all bids of a two-year service contract, with options for three one-year extensions for the
purchase of mystery rider program (RFP File 12300134)
RECOMMENDATION
Staff recommends the Council reject all bids of a two-year service contract, with options for three one
-year extensions for the purchase of mystery rider program.
EXECUTIVE SUMMARY
The Department of Transportation/Fresno Area Express (FAX) as the recipient of Federal Transit
Administration (FTA) funds is mandated to abide by and monitor the requirements of the US DOT
ADA regulations (49 CFR 37.161-137.69). To monitor compliance FAX solicited for mystery rider
services to observe operator defensive driving habits, operator courtesy and appearance, on-time
performance, operator and bus safety, ADA service provisions, and vehicles and facility cleanliness.
On August 24, 2022, Request for Proposals (RFP) 12300134 was posted to PlanetBids for
competitive bidding and on November 1, 2022, the city received one proposal. An RFP committee
was formed and determined that the proposal does not provide the best value in meeting the
interests of the City and the objectives of the project.
BACKGROUND
The Department of Transportation/FAX as the recipient of FTA funds is mandated to abide by and
monitor the requirements of the US DOT ADA regulations (49 CFR 37.161-137.69). These
requirements include the following:
a) The use of stop announcements for fixed-route service at transfer points, major intersections,
destination points, intervals along the route sufficient to orient passengers to their location,
City of Fresno Printed on 6/2/2023Page 1 of 3
powered by Legistar™
06/08/2023
GB/MK 6-0
TM ABSENT
File #:ID 23-875 Agenda Date:6/8/2023 Agenda #:1.-T.
destination points,intervals along the route sufficient to orient passengers to their location,
and any stop upon request.Where automated stop annunciators are used,FAX must ensure
the accuracy and usability of the annunciators and that drivers announce stops when the
automated system is not functioning and any stop upon request.
b)Permitting service animals to accompany individuals with disabilities in vehicles and facilities.
c)Signage designating wheelchair locations is required on buses.Signage designating priority
seating is required on buses.When an individual with a disability needs to sit in a seat or
occupy a wheelchair securement location,FAX employees must ask the following persons to
move in order to allow the individual with a disability to occupy the seat or securement
location.
d)FAX is prohibited from setting weight or size limitations on wheelchairs it will transport that
understate the weight capacity that the vehicle fleet can actually accommodate.
e)FAX must not refuse to permit a passenger who uses a lift or ramp to board or disembark from
a vehicle at any designated stop,unless the lift or ramp cannot be deployed,the lift or ramp
will be damaged if it is deployed,or temporary conditions preclude the safe use of the stop by
all passengers.FAX must deploy lifts or ramps for persons who do not use wheelchairs,
including standees.The entity may not seek waivers from standees who require the use of the
lift.
f)FAX shall not deny service to individuals using respirators, concentrators, or portable oxygen.
g)Public information and communications must be made available in accessible formats,upon
request.
h)FAX is required under 49 CFR 37.5(i)(3)to make reasonable modifications in policies,
practices,or procedures when the modifications are necessary to avoid discrimination on the
basis of disability or to provide program accessibility to its services.
To monitor compliance with the above FAX solicited for mystery rider services to observe operator
defensive driving habits,operator courtesy and appearance,on-time performance,operator and bus
safety, ADA service provisions, and vehicles and facility cleanliness.
On August 24,2022,RFP 12300134 was posted to PlanetBids for competitive bidding and on
November 1,2022,the City received one proposal.An RFP committee was formed and evaluated
the proposal based on the criteria listed in the RFP. The criteria included:
a)Approach to Program -This category will evaluate the Consultant’s approach to the project.
Some things that will be considered when evaluating this category are:
• Contractor’s Methodology
• Contractor’s expectations of staff
•Does the Consultant have sufficient resources to complete tasks required by the project
schedule?
b)Past Performance and Experience -What is the Contractor’s experience and history in
Mystery Rider services relevant to FAX’s needs,including a description of direct experience onCity of Fresno Printed on 6/2/2023Page 2 of 3
powered by Legistar™
File #:ID 23-875 Agenda Date:6/8/2023 Agenda #:1.-T.
Mystery Rider services relevant to FAX’s needs,including a description of direct experience on
projects of similar size, scope, and complexity?
c)Qualifications of Key Personnel -Technical experience in performing work of a closely similar
nature;experience working with public agencies;experience in proving specifically this type of
service,strength and stability of the firm;strength,stability,experience,and technical
competence of sub-consultants;assessment by client references;references with
demonstrated success in providing similar services.
d)Completeness of Response -The reasonableness and competitiveness of the total price for
services rendered to FAX,the adequacy of source data and information provided to support
cost quotes and figures,and the use of industry and government recognized measurements
when compiling estimates.
e)Technology -The efficiency and effectiveness of the Contractor’s hardware and software to
capture the necessary information listed in the Statement of Work discreetly.
The committee evaluated the proposal and determined that the proposal does not provide the best
value in meeting the interest of the City and the objectives of the project.The committee
recommended a rejection of the proposal.
Staff recommends that the Council reject all bids and direct staff to seek alternative methods for
monitoring activities. The City Attorney’s Office has reviewed and approved as to form.
ENVIRONMENTAL FINDINGS
By the definition provided in the California Environmental Quality Act (CEQA)Guidelines Section
15378, the award of this contract does not qualify as a “project”, as defined by CEQA.
LOCAL PREFERENCE
The local preference was not implemented because this action is to reject all proposals.
FISCAL IMPACT
There is no fiscal impact to the General Fund from this request.
ATTACHMENTS
Bid Evaluation
City of Fresno Printed on 6/2/2023Page 3 of 3
powered by Legistar™
Anticipated Council Date: March 30th, 2023
Not applicable - Rejecting all bids
COMMITTEE MEMBERS:
ORIE RUBALCAVA – Senior Management Analyst, Fresno Area Express
AMIE PAINTER – Senior HR Risk Analyst, Personnel Department
DANIEL COLBERT – Safety Officer, Fresno Area Express
LEROY SPEARS – Transit Supervisor I, Fresno Area Express
BACKGROUND
The City of Fresno’s Department of Transportation/Fresno Area Express (FAX) solicited
Request for Proposals (RFP) for the Mystery Rider Program to satisfy its requirements
for ADA oversight. On November 1, 2022, FAX received one proposal from A Customer
Point of View Inc. (ACP View) expressing interest in providing FAX mystery rider services.
On January 11, 2023, the committee members assembled and discussed the merits of
the proposal from ACP View.
SIGNIFICANT EVENTS
August 24, 2022 – Proposal Release
November 1, 2022 – Proposal Opening
January 11, 2023 – Committee Meeting
EVALUATION CRITERIA
Selection Committee evaluated the proposal based upon five categories:
1. Approach to Program - This category will evaluate the Consultant’s approach to
the project. Some things that will be considered when evaluating this category
are:
• Contractor’s Methodology
• Contractor’s expectations of staff
• Does the Consultant have sufficient resources to complete tasks required by
the project schedule?
2. Past Performance and Experience - What is the Contractor’s experience and
history in Mystery Rider services relevant to FAX’s needs, including a description
of direct experience on projects of similar size, scope, and complexity?
3. Qualifications of Key Personnel - Technical experience in performing work of a
closely similar nature; experience working with public agencies; experience in
proving specifically this type of service, strength and stability of the firm; strength,
stability, experience, and technical competence of sub-consultants; assessment
by client references; references with demonstrated success in providing similar
services.
4. Completeness of Response - The reasonableness and competitiveness of the total
price for services rendered to FAX, the adequacy of source data and information
provided to support cost quotes and figures, and the use of industry and
government recognized measurements when compiling estimates.
5. Technology - The efficiency and effectiveness of the Contractor’s hardware and
software to capture the necessary information listed in the Statement of Work
discretely.
COMMITTEE NOTES
ACP View – The proposer demonstrated they possessed a great deal of experience in
providing Mystery Rider services for the Transportation industry and their approach to the
project was a practical option. However, the price analysis and responsive & responsibility
determination raised concerns. In the price analysis it was determined that the proposed
pricing was 61% above the independent cost estimate. Additionally, research revealed
that payments to their frontline workers can be extremely low, raising questions about
whether the proposed cost would be a fair and reasonable to the City.
SUMMARY RECOMMENDATION
After independent evaluation of the proposals and group deliberation, the committee
determined that the proposal does not provide the best value in meeting the interest of
the City and the objectives of the project. The committee recommends a rejection of the
proposal.
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-919 Agenda Date:6/8/2023 Agenda #:
1.-U.
REPORT TO THE CITY COUNCIL
FROM:GARRY BREDEFELD, Councilmember
District 6
MIGUEL ARIAS, Councilmember
District 3
SUBJECT
***Bill B-16 - (Intro’d 5/25/2023)(For Adoption) Adding Article 21 and Article 22 to Chapter 10 of the
Fresno Municipal Code, Prohibiting Impeding on Sidewalks Within 500 Feet from Sensitive Areas
Including Schools, Childcare Facilities, Public Parks, Public Libraries, Warming and Cooling Centers,
and City-Permitted Shelters for the Unhoused (Subject to Mayor’s Veto)
Attachment:
Draft Ordinance
City of Fresno Printed on 6/2/2023Page 1 of 1
powered by Legistar™
06/08/2023
MA/MK 5-1
B-16/ ORD. 2023-020
AP VOTED NO. TM ABSENT
APPROVED ON CONSENT
1 of 18
Date Adopted:
Date Approved
Effective Date:
City Attorney Approval: ________ Ordinance No.
BILL NO.
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF FRESNO, CALIFORNIA,
ADDING ARTICLE 21 AND ARTICLE 22 TO CHAPTER 10
OF THE FRESNO MUNICIPAL CODE, PROHIBITING
IMPEDING ON SIDEWALKS WITHIN 500 FEET FROM
SENSITIVE AREAS INCLUDING SCHOOLS, CHILDCARE
FACILITIES, PUBLIC PARKS, PUBLIC LIBRARIES,
WARMING AND COOLING CENTERS, AND CITY-
PERMITTED SHELTERS FOR THE UNHOUSED
THE COUNCIL OF THE CITY OF FRESNO DOES ORDAIN AS FOLLOWS:
SECTION 1. Article 21 is hereby added to Chapter 10 of the Fresno Municipal Code to
read:
ARTICLE 21
PUBLIC WELFARE
Section 10-2101. SITTING. LYING, OR SLEEPING OR STORING, USING
MAINTAINING OR PLACING PERSONAL PROPERTY IN THE PUBLIC RIGHT-OF-
WAY
(a) No person shall obstruct a street, sidewalk, or other public
right-of-way:
(1) by sitting, lying, or sleeping, or by storing, using,
maintaining, or placing personal property in a manner that impedes
passage, as provided by the Americans with Disabilities Act of 190,
Pub. L, No. 101-336, 104 Stat. 328 (1990), as amended from time to
time;
2 of 18
(2) by sitting, lying, or sleeping, or by storing, using,
maintaining, or placing personal property, within 10 feet of any
operational or utilizable driveway or loading dock;
(3) by sitting, lying, or sleeping, or by storing, using,
maintaining, or placing personal property, within 5 feet of any
operational or utilizable building entrance or exit;
(4) by sitting, lying, or sleeping, or by storing, using,
maintaining, or placing personal property, within 2 feet of any fire
hydrant, fire plug, or other fire department connection;
(5) by sitting, lying, or sleeping, or by storing, using,
maintaining, or placing personal property, within the public right-of-
way in a manner that obstructs or unreasonably interferes with the
use of the right-of-way for any activity for which the City has issued
a permit.
(b) No person shall obstruct any portion of any street or other
public right-of-way to use by motor vehicles, or any portion of a bike lane,
bike path, or other public right-of-way open to use by bicycles, by sitting,
lying or sleeping, or by storing, using, maintaining, or placing personal
property, anywhere within the street, bike lane, bike path, or other public
right-of-way, as specified.
(c) Except as limited by Subsection (d), no person shall:
3 of 18
(1) sit, lie, sleep, or store, use, maintain, or place personal
property, in or upon any street, sidewalk, or other public right-of-way
within the distance stated on the posted signage (up to a maximum
of 500 feet) of a property designated as a sensitive use. For a
property to be designated as a “sensitive use,” the property must be
a School, Childcare Facilities, Public Park, Public Library, Warming
and Cooling Centers, and City-Permitted Shelters for the Unhoused;
(2) sit, lie, sleep, or store, use, maintain, or place personal
property, in or upon any street, sidewalk, or other public right-of-way
within the distance stated on the posted signage (up to a maximum
of 500 feet) of an overpass, underpass, freeway ramp, tunnel, bridge,
pedestrian bridge, or active railway, where the City Council
determines, in the designating resolution, that the public health,
safety, or welfare is served by the prohibition, including, without
limitation, by finding that sleeping or lodging within stated proximity
to the designated area is unhealthy, unsafe, or incompatible with safe
passage.
(3) sit, lie, sleep, or store, use, maintain, or place personal
property, in or upon any street, sidewalk, or other public right-of-way
within the distance stated on the posted signage (up to a maximum
of 500 feet) of a designated facility, that provides shelter, safe
4 of 18
sleeping, or safe parking to homeless persons, or that serves as a
homeless services navigation center;
(4) sit, lie, sleep, or store, use, maintain, or place personal
property, in or upon any street, sidewalk, or other public right-of-way
that has been posted with signage prohibiting sitting, lying, sleeping,
or storing, using, maintaining, or placing personal property. In order
to designate a section of street, sidewalk, or other public right-of-way
as prohibited under this subdivision, the City Council shall determine,
in a designating resolution and based on specific documentation,
that the circumstances of continued sitting, sleeping, lying or storing
personal property, or otherwise obstructing the public right-of-way at
the location poses a particular and ongoing threat to public health or
safety.
(d) No person shall be found to be in violation of any prohibition
set forth in Subsection (c) unless and until (1) the City Council has taken
action by resolution to designate specified areas for enforcement against
sitting, lying, sleeping, or storing, using, maintaining, or placing personal
property, or otherwise obstructing the public right-of-way; (ii) the City has
posted signage at the designated area or areas set forth in the resolution,
with such signage including reference to any required findings adopted in
the resolution and giving notice of the date after which no sitting, lying,
sleeping, or storing, using, maintaining, or placing personal property, or
5 of 18
otherwise obstructing the public right-of-way will be allowed; and (iii) at least
14 calendar days have passed from the date on which the signage is posted
at the designate area or areas.
(e) No person shall sit, lie, sleep, or store, use, maintain or place
personal property, in or upon any street, sidewalk, or other public property
within 500 feet of a School or Day Care Center. A violation of this
subsection is governed by Section 10-2101(f) of this code.
(f) Violations of this section involving a person who willfully
resists, delays, or obstructs a City employee from enforcing this section or
who willfully refuses to comply after being requested to do so by an
authorized City employee shall be subject to the penalties pursuant to
Chapter 1, Article 3 of this Code. All other violations shall be enforceable
only as infractions pursuant to Sections 1-308, et seq. Appeal of an
administrative citation may be made pursuant to Sections 1-308 et seq.
(g) The City shall adhere to State law as it pertains to mobile
and sidewalk vendors.
SECTION 2. Article 22 of Chapter 10 is hereby added to the Fresno Municipal Code to
read:
ARTICLE 22
PUBLIC HAZARDS
Section 10-2201. Storage of Personal Property.
10-2202. Definitions.
10-2203. Regulation and Impoundment of Stored Personal Property.
Discard of Certain Store Personal Property.
10-2204. Notice.
6 of 18
10-2205. Storage and Disposal.
10-2206. Repossession.
10-2207. Power of the City Manager to Make Rules and Regulations.
SECTION 10-2201. – STORAGE OF PERSONAL PROPERTY.
The City enacts this section to balance the needs of the residents and public
at large to access clean and sanitary public areas consistent with the intended
uses for the public areas with the needs of the individuals, who have no other
alternatives for the storage of personal property, to retain access to a limited
amount of personal property in public areas. This section attempts to balance the
needs of all of the City’s residents.
SECTION 10-2202. – DEFINITIONS
The definitions contained in this subsection shall govern the construction,
meaning, and application of words and phrases used in this article.
(a) "Alley" means any Highway having a Roadway not exceeding
25 feet in width which is primarily for access to the rear or side entrances of
abutting property.
(b) "Bikeway" means all facilities that provide primarily for, and
promote, bicycle travel.
(c) “City Employee" means any full or part-time employee of the
City of Fresno, or a contractor retained by the City for the purpose of
implementing this Section.
(d) "Essential Personal Property" means any and all Personal
Property that cumulatively is less than two cubic feet in volume, which, by
7 of 18
way of example, is the amount of property capable of being carried within a
backpack.
(e) "Excess Personal Property" means any and all Personal
Property that cumulatively exceeds the amount of property that could fit in
a 60-gallon container with the lid closed.
(f) "Highway" means a way or place of whatever nature, publicly
maintained and open to the use of the public for purposes of vehicular
travel.
(g) "Parkway" means the area of the Street between the back of
the curb and the Sidewalk that typically is planted and landscaped.
(h) "Person" means any individual.
(i) “Personal Property" means any tangible property, and
includes, but is not limited to, goods, materials, merchandise, Tents,
tarpaulins, bedding, sleeping bags, hammocks, sheds, structures,
mattresses, couches, chairs, other furniture, appliances, and personal items
such as household items, luggage, backpacks, clothing, documents, and
medication.
(j) "Public Area" or "Public Areas" means all property that is
owned, managed or maintained by the City, and shall include, but not be
limited to, any Street, medial strip, space, ground, building or structure.
(k) "Roadway" means that portion of a Highway improved,
designed or ordinarily used for vehicular travel.
8 of 18
(l) "Sidewalk" means that portion of a Highway, other than the
Roadway, set apart by curbs, barriers, markings or other delineation, for
pedestrian travel.
(m) "Storage Facility" means any facility, whether operated by a
public, non-profit or private provider, which allows and has capacity for
voluntary storage, free of charge, for a homeless person to store Personal
Property up to the equivalent of the amount of property that would fit into a
single 60-gallon container with the lid closed.
(n) "Store", "Stored", "Storing" or "Storage" means to put
Personal Property aside or accumulate for use when needed, to put for
safekeeping, and/or to place or leave in a Public Area. Moving Personal
Property to another location in a Public Area or returning Personal Property
to the same block on a daily or regular basis shall be considered Storing
and shall not be considered to be removing the Personal Property from a
Public Area. This definition shall not include any Personal Property that,
pursuant to statute, ordinance, permit, regulation or other authorization by
the City or state, is Stored with the permission of the City or state on real
property that is owned or controlled by the City.
(o) "Street" includes every Highway, avenue, lane, Alley, court,
place, square, Sidewalk, Parkway, curbs, Bikeway or other public way in
this City which has been or may hereafter be dedicated and open to public
use, or such other public property so designated in any law of this state.
9 of 18
(p) "Tent" means a collapsible shelter made of fabric such as
nylon or canvas or a tarp stretched and sustained by supports, which is not
open on all sides, and which hinders an unobstructed view behind or into
the area surrounded by the fabric. In order to qualify as a Tent for purposes
of this subsection, a Tent, when deconstructed, must be able to fit within a
60-gallon container with the lid closed.
(q) "Unattended" means no Person is present with the Personal
Property who asserts or claims ownership over the Personal Property.
Conversely, property is considered "Attended" if a Person is present with
the Personal Property and the Person claims ownership over the Personal
Property.
SECTION 10-2203. REGULATION AND IMPOUNDMENT OF STORED
PERSONAL PROPERTY; DISCARD OF CERTAIN STORE PERSONAL
PROPERTY.
(a) No person shall Store any Unattended Personal Property in a
Public Area. With pre-removal notice as specified in Section 10-2204(a),
the City may impound any unattended Personal Property in a Public Area,
regardless of volume. Post-removal notice shall be provided as set forth in
Section 10-2204(b), below.
(b) No Person shall Store any Attended Excess Personal
Property in a Public Area. With pre-removal notice as specified in Section
10-2204(a), the City may impound any Attended Excess Personal Property
10 of 18
Stored in a Public Area. Post-removal notice shall be provided as set forth
in Subsection 10-2204(b).
(c) No Person shall Store any Personal Property in a Public Area
in such a manner as to obstruct City operations, including a Street or
Sidewalk maintenance or cleaning. Without prior notice, the City may
temporarily move Personal Property, whether Attended or Unattended,
which is obstructing City operations in a Public Area, including a Street or
Sidewalk maintenance or cleaning, during the time necessary to conduct
the City operations. The City may also impound Personal Property that is
obstructing City operations in a Public Area, pursuant to Sections 10-
2203(a) or 10-2203(b).
(d) No Person shall Store any Personal Property in a Public Area
in such a manner that it does not allow for passage as provided by the
Americans with Disabilities Act of 1990, Pub. L. No. 101-336, 104 Stat. 328
(1990), as amended from time to time. Without prior notice, the City may
move and may immediately impound any Personal Property, whether
Attended or Unattended, Stored in a Public Area in such manger that it does
not allow for the passage as required by the ADA. Post-removal notice shall
be provided as set forth in Section 10-2204(b). A violation of this section is
governed by Section 10-2101(f) of this Code.
(e) No Person shall Store any Personal Property, whether
Attended or Unattended, within:
11 of 18
(1) 10 feet of any operational or utilizable driveway or
loading dock;
(2) 5 feet of any operational or utilizable building entrance
or exit; or
(3) 2 feet of any fire hydrant, fire plug, or other fire
department connection.
Without prior notice, the City may move or may immediately
impound any Personal Property, whether Attended or Unattended, Store in
a Public Area in violation of this section. Post-removal notice shall be
provided as set forth in Section 10-2101(f) of this Code.
(f) No Person shall Store any Personal Property in a Public Area
that has a clearly posted closure time any Personal Property after the
posted closure time. Without prior notice, the City may remove and
impound Personal Property, whether Attended or Unattended, Stored in a
Public Area that has a clearly posted closure time, provided the Personal
Property is removed and impounded after the posted closure time. Post-
removal notice shall be provided as set forth in Section 10-2204(b).
(g) No Person shall Store any Personal Property in a Public Area
if the Personal Property, whether Attended or Unattended constitutes an
immediate threat to the health or safety of the public. Without prior notice,
the City may remove and may discard any Personal Property Stored in a
12 of 18
Public Area if the Personal Property poses an immediate threat to the health
or safety of the public.
(h) No Person shall Store any Personal Property in a Public Area
if the Personal Property, whether Attended or Unattended, constitutes
evidence of a crime or contraband. Without prior notice, the City may
remove and discard any Personal Property that constitutes evidence of a
crime or contraband, as permissible by law.
(i) No Person shall Store any Personal Property, whether
Attended or Unattended, in such a manner that obstructs or interferes with
any activity in a Public Area for which the City has issued a permit. Without
prior notice, the City may move any Personal Property Stored in a Public
Area in violation of this section. With pre-removal notice as specified in
Section 10-2204(a), the City may impound any Personal Property Stored in
violation of this section. Post-removal notice shall be provided as set forth
in Section 10-2204(b). A violation of this section is governed by Section 10-
2101(f) of this Code.
(j) No Person shall Store any Personal Property, whether
Attended or Unattended, in such a manner as to obstruct any portion of a
street or other public right-of-way open to use by motor vehicles, a
designated bike lane or bike path, or other public right-of-way open
exclusively to use by bicycles. Without prior notice, the City may move and
may immediately impound any Personal Property, whether Attended or
13 of 18
Unattended, in violation of this section. Post-removal notice shall be
provided as set forth in Section 10-2204(b). A violation of this section is
governed by Section 10-2101(f) of this Code.
(k) No Personal shall Store any Personal Property, whether
Attended or Unattended, in violation of Section 10-2101(c) of this Code.
The City may move and may immediately impound any Personal Property,
whether Attended or Unattended, in violation of this section. Pre-removal
notice and post-removal will be provided by erecting signage providing
notice that Storage of Personal is a violation of 10-2100, which may result
in removal or impoundment of the Personal Property. The signage must
also provide information on retrieval of the Personal Property and provide
notice that the Personal Property may be discarded, if not claimed within 90
days. A violation of this section is governed by Section 10-2101(f) of this
Code.
(l) No Person shall Store any Personal Property, whether
Attended or Unattended, in violation of Section 10-2101(e) of this Code.
With pre-removal notice as specified in Section 10-2204(a) or posted
signage, the City may impound any Personal Property, whether Attended
or Unattended, in violation of this section. If the City has not posed signage,
a post-removal notice shall be provided as set forth in Section 10-2204(b).
A violation of this section is governed by Section 10-2101(f) of this Code.
SECTION 10-2204. NOTICE.
14 of 18
(a) Pre-Removal Notice. Pre-removal notice shall be deemed
provided if a written notice is provided to the Person who is Storing or claims
ownership of the Personal Property or is posted conspicuously on or near
the Personal Property and the actual removal commences no more than 72
hours after the pre-removal notice is posted. The written notice shall
contain the following:
(1) A general description of the Personal Property to be
removed.
(2) The location from which the Personal Property will be
removed.
(3) The date and time the notice was posted.
(4) A statement that the Personal Property has be stored
in violation of Section 10-2203.
(5) A statement that the Personal Property may be
impounded if not removed from Public Areas within 24 hours.
(6) A statement that moving Personal Property to another
location in a Public Area shall not be considered removal of Personal
Property from a Public Area.
(7) The address where the removed Public Property will
be located, including a telephone number and the internet website of
the City through which a Person may receive information as to
15 of 18
impounded Personal Property as well as information as to voluntary
storage location(s).
(8) A statement that impounded Personal Property may be
discarded if not claimed within 90 days after impoundment.
(b) Post-Removal Notice. Upon removal of Stored Personal
Property, written notice shall be conspicuously posted in the area from
which the Personal Property was removed. The written notice shall contain
the following:
(1) A general description of the Personal Property
removed.
(2) The date and approximate time the Personal Property
was removed.
(3) A statement that the Personal Property has been
stored in violation of Section 10-2203.
(4) The address where the removed Personal Property will
be located including a telephone number and internet website of the
City through which a Person may receive information as to impound
Personal Property.
(5) A statement that impounded Personal Property may be
discarded if not claimed within 90 days after impoundment.
SECTION 10-2205. STORAGE AND DISPOSAL.
16 of 18
(a) Except as specified herein, the City shall move Personal
Property to a place of storage.
(b) Except as specified herein, the City shall store impounded
Personal Property for 90 days, after which time, if not claimed, may be
discarded. The City shall not be required to undertake any search for, or
return, any impounded Personal Property store for longer than 90 days.
(c) The City shall maintain a record of the date any impounded
Personal Property was discarded.
SECTION 10-2206. REPOSSESSION.
The owner of impounded Personal Property may repossess the Personal
Property prior to its disposal upon submitting satisfactory proof of ownership. A
person may establish proof of ownership by, among other methods, describing the
location from and date when the Personal Property was impounded from a Public
Area, and providing a reasonably specific and detailed description of the Personal
Property. Valid, governmental-issued identification is not required to claim
impounded Personal Property.
SECTION 10-2207. POWER OF THE CITY MANAGER TO MAKE RULES
AND REGULATIONS.
The City Manager is hereby charged with serving as the Designated
Administrative Agency for the purpose of this ordinance. The Designated
Administrative Agency shall promulgate rules, protocols, and procedures for the
implementation and enforcement of this ordinance, consistent with the provisions
herein.
17 of 18
SECTION 3. 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.
18 of 18
* * * * * * * * * * * * * *
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
City Clerk
By:
Deputy Date
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 23-920 Agenda Date:6/8/2023 Agenda #:
1.-V.
APPOINTMENT
SUBJECT
Approve the appointment of Elizabeth McBee to the District 2 Project Review Committee to serve a
term which is at the pleasure of the Councilmember
City of Fresno Printed on 6/2/2023Page 1 of 1
powered by Legistar™
06/08/2023
MA/MK 6-0
TM ABSENT
APPROVED ON CONSENT
MIKE l<ARBASSI
Councilmember, District Two -Northwest
NOTIFICATION OF APPOINTMENT BY COUNCILMEMBER
KARBASSI
TO:
THROUGH:
BY:
X
Name:
Address:
TO BOARD OR COMMISSION
City Council
Todd Stermer, City Clerk
Councilmember
Reappointment
New Appointment
Name of person replaced:
Elizabeth McBee
Home Phone:
Business Phone:
Appointed to:
Term:
District 2 Project Review Committee
NIA
City Council Agenda
City of Fresno
City Hall • 2600 Fresno Street • Fresno, California 93721-3600
(559)621-8000 • FAX (559) 237-4010 • www.fresno.gov
Submit Date: May 25, 2023
First Name Middle Initial Last Name
Email Address
Home Address
City State Postal Code
Primary Phone Alternate Phone
City of Fresno Boards & Commissions
Application Form
Profile
Which Boards would you like to apply for?
Council District 2 Project Review Committee: Submitted
What district do you live in? *
Briefly explain why are you interested in serving on this board or commission?
I am born and raised in Fresno and attended Fresno State. I pride myself on educating myself as much as
I can with what is going on in our District, let alone the City. I listen to City Council every Thursday they
meet (while working) to continue to try to be aware of what is being voted on and brought to the table to
better our City for the constituents we serve. I volunteer when possible for community clean-ups in our
District, alongside cleanups with RiverTree. I would like to take it a step further and assist in being a voice
for my District on this board
Educational background, Schools Attended, Degrees and Certifications
California State University, Fresno. Degree in Business Administration.
Briefly explain your qualifications or areas of demonstrated expertise for this board or
commission.
Working as a Training Officer for the PARCS department at the City, I have the opportunity to visit all
corners of the City during audit visits. I see where improvements can be made and what is working for
different districts. In all my training execution, I always consider the "how is this bettering our community
and the residents there when they interact with our employees."
Do you or an immediate family member have any professional or financial relationship that
may present a potential conflict of interest for this board, commission or similar body?
Yes No
Elizabeth A Mcbee
Fresno CA 93722
District 2
Home: (559)
Elizabeth A Mcbee
Employer Job Title
Work History
Work Address
2600 N Fresno St
City, State, Zip Code
Fresno, CA 93721
Provide 3 Personal and Professional References. Provide name, address, and phone number
where they may be reached during the day.
Personal: Kelly Pares Personal: Nicole Caruso • Professional: Jeremy Logsdon •
Question applies to multiple boards
I declare under penalty of perjury the above information is true and correct.
Yes No
Question applies to multiple boards
The Political Reform Act of 1974 prohibits public officials from using their official positions
to influence governmental decisions in which they have a financial interest. The Board
Members in the designed positions must disclose their financial interests as specified in the
agency's confict of interest code.
I agree that I have read the above and agree to file a Statement of Economic Interest Form
should I be appointed to a Board, Commission, or similar body according to the adopted
resolution.
I Agree
City of Fresno Training Officer
Elizabeth A Mcbee
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-932 Agenda Date:6/8/2023 Agenda #:
1.-W.
REPORT TO THE CITY COUNCIL
FROM:MIKE KARBASSI, Councilmember
District 2
NELSON ESPARZA, Councilmember
District 7
JERRY DYER, Mayor
Office of the Mayor/City Managers Office
SUBJECT
***RESOLUTION - Granting Authority to the City Manager or Designee to Terminate the
Agreement with BW Industries, Inc., Funded by the American Rescue Plan Act (ARPA)
to Aid in the Covid-19 Recovery Effort (Subject to Mayor’s Veto)
Attachment:
Resolution
City of Fresno Printed on 6/2/2023Page 1 of 1
powered by Legistar™
06/08/2023
MA/MK 6-0
TM ABSENT
R. 2023-177
APPROVED ON CONSENT
1 of 5 Date Adopted: Date Approved: Effective Date: City Attorney Approval: TWR Resolution No.
RESOLUTION NO. ____________
A RESOLUTION OF THE COUNCIL OF THE CITY OF
FRESNO, CALIFORNIA, GRANTING AUTHORITY TO THE
CITY MANAGER OR DESIGNEE TO TERMINATE THE
AGREEMENT WITH BW INDUSTRIES, INC., FUNDED BY
THE AMERICAN RESCUE PLAN ACT (ARPA) TO AID IN
THE COVID-19 RECOVERY EFFORT
WHEREAS, in 2021, the City of Fresno (City) was awarded American Rescue Plan
Act (ARPA) funding in the amount of $170,808,029. Of this funding, approximately
$10,000,000 was identified as a resource to provide grant funding to local Community
Based Organizations (CBOs) for projects that aid in the recovery of the COVID-19
pandemic; and
WHEREAS, through a formal request for proposals process, 46 proposals were
submitted, totaling $77,779,315, through the City’s Planet Bids portal. All proposals were
vetted for eligibility based on each agency’s self-identified APRA category determination.
Of eligible ARPA categories, priorities were identified by City Council via an anonymous
survey; and
WHEREAS, on June 23, 2022, Council voted to allocate funds and selected fifteen
Community Based Organizations for an award of ARPA funding totaling $10,000,000;
and
WHEREAS, BW Industries, Inc. (commonly known as Bitwise), was one of the
CBO proposals selected and was allocated a total $1,000,000 in funds to initiate a small
business digital empowerment program to boost local businesses' profitability and
creative capacity by connecting them to broadband internet and information technology
resources, building custom technology for them, and growing their digital literacy; and
2 of 5
WHEREAS, BW Industries, Inc., has received a disbursement of $500,000 of their
total allocation to date; and
WHEREAS, according to recent news articles BW Industries, Inc., acute financial
issues have forced the Fresno-based company to furlough its entire workforce of about
900 employees in Fresno, Merced, Bakersfield, Oakland and seven other cities across
the country on Monday, May 29, 2023; and
WHEREAS, it was reported by the Fresno Bee that Bitwise co-founder and co-
CEO Jake Soberal stated late Monday that: “Several critical (financial) transactions either
did not materialize or materialized unfavorably, and the quantum of that is quite large…
We held an emergency board meeting today and the difficult decision was arrived at that
it was in the best interest of the company to furlough all employees effective immediately”;
and
WHEREAS, the BW Industries, Inc. home office in the City of Fresno is home to
300 of those Bitwise workers, who have been furloughed and advised banks might not
honor their paychecks right away; and
WHEREAS, continuing the Agreement with ARPA funds would not be in the best
interest of the City or its residents given the current financial and employment state of BW
Industries, Inc.; and
WHEREAS, BW Industries, Inc., previously acknowledged that grant funds being
provided under this Agreement would be derived from the City’s allocation under the
American Rescue Plan Act (Pub.L. 117-2) (ARPA), and are 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 the U.S. Treasury Department; and
3 of 5
WHEREAS, the Grant Agreement requires that BW Industries, Inc., return all
unearned payments of funds immediately upon termination of the Agreement; and
WHEREAS, Council desires that the remaining $500,000 and any unearned
payments be used to fund the Fresno Water Tower Project, or otherwise support
Downtown small businesses impacted by the COVID-19 pandemic in a timely fashion;
and
WHEREAS, any contribution of funds by the City shall be contingent upon a
determination that the proposed use is an allowable expenditure and/or activity under the
ARPA Final Rule; and
WHEREAS, on May 31, 2023, Mayor Jerry Dyer submitted a letter to Bitwise,
attached herein as Exhibit A, reminding them of their obligations under the California
WARN Act, which includes notification to impacted employees, the Employment
Development Department, the local Workforce Development Board, and the chief elected
official of each city/county government before the layoff/furlough occurs.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as
follows:
1. The Council of the City of Fresno authorizes the City Manager or designee
to issue a Notice of Termination of the Agreement.
2. The Council of the City of Fresno directs that no further City business be
conducted with BW Industries, Inc., Bitwise, and any affiliated entities until such a time as
the current financial situation is resolved.
3. The Council of the City of Fresno directs staff to review all business activities
with BW Industries, Inc., Bitwise, and any affiliated entities, and report back to the
Economic Development Subcommittee.
4 of 5
4. The Council of the City of Fresno supports the Mayor’s effort to obtain
Bitwise’s compliance with the California WARN Act which will allow government entities
to provide support to affected employees.
5. This resolution shall be effective upon final approval.
* * * * * * * * * * * * * *
5 of 5
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:
Taylor W. Rhoan Date
Deputy City Attorney
Exhibit A: City of Fresno Letter to BW Industries, Inc. dated 5/31/23
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-934 Agenda Date:6/8/2023 Agenda #:
1.-X.
APPOINTMENT
FROM: NELSON ESPARZA, Councilmember
District 7
SUBJECT
Approve the appointment of Olivia Adams to the City of Fresno Women’s Commission for a term
ending June 8, 2025.
City of Fresno Printed on 6/2/2023Page 1 of 1
powered by Legistar™
06/08/2023
MA/MK 6-0
TM ABSENT
APPROVED ON CONSENT
NOTIFICATION OF APPOINTMENT BY
COUNCILMEMBER NELSON ESPARZA
TO BOARD OR COMMISSION
TO: City Council
THROUGH:
BY: Councilmember Nelson Esparza
Reappointment
__X__ New Appointment
Name of person replaced:
Name: Olivia R. Adams
Address:
Home Phone:
Business Phone:
Appointed to: City of Fresno Women’s Commission
Term: Term ending June 8, 2025
City Council Agenda
Submit Date: May 23, 2023
First Name Middle Initial Last Name
Email Address
Home Address
City State Postal Code
Primary Phone Alternate Phone
City of Fresno Boards & Commissions
Application Form
Profile
Which Boards would you like to apply for?
City of Fresno Women's Commission: Submitted
What district do you live in? *
Briefly explain why are you interested in serving on this board or commission?
I am interested in serving on the Women’s Commission because I have a heart to serve my community. I
strongly believe that women and girls of all ages, races, religion, ethnic, and cultural backgrounds deserve
to be celebrated. I enjoy using my voice to advocate for our needs. As a Black woman, I understand the
hardships that women of color face in their pursuit for higher education, adequate housing, career growth,
etc. I’m overjoyed to do anything I can to help all women thrive. Disparities such as the gender pay gap,
the “pink tax” and funding gaps for female entrepreneurs show that this Country has a long way to go to
reach gender equality. My goal is to be a part of the solution by advising the City Council on “our” special
needs. That is, the needs of all women and girls in our community.
Educational background, Schools Attended, Degrees and Certifications
California State University, Fresno August 2009 – May 2013 B.S. in Business Administration; Option: Real
Estate and Urban Land Economics State of California Real Estate Broker License #01945863
Briefly explain your qualifications or areas of demonstrated expertise for this board or
commission.
Employment History: Manco Abbott Real Estate Management, Inc. April 2013 - Present Positions Held: -
Commercial Property Manager, August 2017 – Present - Assistant Commercial Property Manager, August
2016 – August 2017 - Commercial Property Coordinator, April 2013 – August 2016 Boards and Ministry:
Saint Rest Economic Development Corporation, Member since March 2019 - Board Chair, July 2020 –
Present Saint Rest Women's Ministry Leadership Team - Member since November 2019
Olivia R Adams
Fresno CA 93726
District 7
Mobile: (559)
Olivia R Adams
Employer Job Title
Do you or an immediate family member have any professional or financial relationship that
may present a potential conflict of interest for this board, commission or similar body?
Yes No
Work History
Work Address
City, State, Zip Code
Fresno, CA 93711
Provide 3 Personal and Professional References. Provide name, address, and phone number
where they may be reached during the day.
David Joseph-Lee Criner, Jr. - Senior Pastor - Saint Rest Baptist Church Rosalind Butler Patrick - Multi
Unit Franchise Owner - Hot Dog on a Stick 5Matt Spenhoff, MBA, CPM - Vice President Commercial -
Manco Abbott Real Estate Management
Manco Abbott Property Manager
Olivia R Adams
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-798 Agenda Date:6/8/2023 Agenda #:
REPORT TO THE CITY COUNCIL
SUBJECT
Office of the City Clerk / Copy Center
City of Fresno Printed on 6/9/2023Page 1 of 1
powered by Legistar™
06/08/2023
BUDGET OVERVIEW
PRESENTED
FY 2024 City Clerk’s Office / Central Print Budget Presentation
CITY CLERK / CENTRAL PRINT
CITY CLERK / CENTRAL PRINT
-City Clerk Operations (General Fund)
FY 2024 PROPOSED BUDGET REQUESTS:
1)$300,000 to cover City Council mandated translation services at meetings (Resolution 2021-254). Offset by $404,100 in defunded translator positions.
2)$10,000 for travel, training and dues for staff. As the request was previously approved for FY 2023, it would not contribute to an FY 2024 increase.
3)$2,300 increase to cover increased catering costs for employee recognition events which have returned to in-person.
CITY CLERK / CENTRAL PRINT
-Central Print Operations (Internal Service Fund)
FY 2024 PROPOSED BUDGET REQUESTS:
-No FY 2024 budget requests as updated equipment received in current fiscal year.
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-799 Agenda Date:6/8/2023 Agenda #:B.
REPORT TO THE CITY COUNCIL
SUBJECT
City Attorney’s Office
City of Fresno Printed on 6/2/2023Page 1 of 1
powered by Legistar™
06/08/2023
BUDGET OVERVIEW
PRESENTED
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-800 Agenda Date:6/8/2023 Agenda #:C.
REPORT TO THE CITY COUNCIL
SUBJECT
General City Purpose
Attachment:
City of Fresno Printed on 6/2/2023Page 1 of 1
powered by Legistar™
06/08/2023
BUDGET OVERVIEW
PRESENTED
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-801 Agenda Date:6/8/2023 Agenda #:D.
REPORT TO THE CITY COUNCIL
SUBJECT
Office of Mayor & City Manager
Attachment:
City of Fresno Printed on 6/2/2023Page 1 of 1
powered by Legistar™
06/08/2023
BUDGET OVERVIEW
PRESENTED
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-803 Agenda Date:6/8/2023 Agenda #:
REPORT TO THE CITY COUNCIL
SUBJECT
City Council Offices
Attachment:
City of Fresno Printed on 6/9/2023Page 1 of 1
powered by Legistar™
06/08/2023
BUDGET OVERVIEW
PRESENTED
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-895 Agenda Date:6/8/2023 Agenda #:
JOINT MEETING OF THE FRESNO REVITALIZATION CORPORATION AND CITY OF FRESNO IN
ITS CAPACITY AS HOUSING SUCCESSOR TO THE REDEVELOPMENT AGENCY.
FROM:MARLENE MURPHEY, Executive Director
SUBJECT
Receive Annual Report and Approve FY 23/24 Program Income Budget for the City of Fresno in its
capacity as Housing Successor to the Redevelopment Agency of the City of Fresno
RECOMMENDATION
Staff recommends that the City acting in its capacity as Housing Successor to the Redevelopment
Agency of the City of Fresno (FHS) and the Fresno Revitalization Corporation (FRC) receive the
Annual Report and approve the attached FHS FY 23/24 Program Income Budget.
BACKGROUND
Pursuant to Dissolution Law, the Sacramento Superior Court of California confirmed the Housing
Successor’s ownership of affordable housing assets of the former Redevelopment Agency as listed in
the housing asset transfer schedule. The housing assets are held and administered by the FHS in
the Low to Moderate Income Housing Asset Fund (LMIHAF) pursuant to HSC Sections 34176 and
34176.1. Dissolution law related to affordable housing includes requirements for program income
fund expenditures and the preparation of an Annual Report of affordable housing activities described
in the following.
Annual Report
In accordance with Section 34176.1(f), an annual report must be prepared that contains
thirteen elements: loan repayments; amount deposited into LMIHAF; ending balance of
LMIHAF; description of expenditures from the LMIHAF; statutory value of assets owned by the
housing successor; description of transfers; project descriptions; status of compliance with
Section 33334.16; description of outstanding obligations under Section 33413; income test;
senior housing test; excess surplus test; and homeownership units. Included in the Annual
Report is the status of real property acquired by the FHS for low and moderate income
housing purposes in accordance with time frames for initiation of activities for affordable
housing development. From a total of eighty parcels, 54 have been developed with affordable
housing. Activity for development has been initiated on the remaining 26 parcels. Two of the
26 parcels have been conveyed for development where construction is underway for 28 single
family homes.
A primary purpose of the Annual Report is to enable the State to monitor compliance in
meeting the extremely low affordability test and the excess funds surplus test. The FHS is in
full compliance with requirements for both affordability and excess funds. The Annual Report
City of Fresno Printed on 6/9/2023Page 1 of 3
powered by Legistar™
06/08/2023
RECIEVED
File #:ID 23-895 Agenda Date:6/8/2023 Agenda #:
full compliance with requirements for both affordability and excess funds.The Annual Report
for the current reporting period of FY 21/22 is attached and posted on the Agency’s web site.
Income Limits/Expenditure Requirements
The Housing Successor program budget is driven by the need to develop FHS-owned
property with affordable housing and by program income expenditure requirements.Following
the administrative allocation the remaining program income must be spent as follows:(i)at
least 30%of the funds must be spent for the development of rental housing affordable to and
occupied by extremely low income households earning 30%or less of the area median
income;(ii)no more than 20%of the funds may be spent for the development of housing
affordable to and occupied by households earning between 60%and 80%of the area median
income;and,(iii)50%of the funds may be spent for the development of housing affordable to
and occupied by households earning 60%or less of the area median income.Failure to
comply with the 30%of net program income for the 30%of AMI requirement will result in an
increase to 50%of net program income for the 30%AMI requirement until the extremely low
income targeting requirement is met.Additionally,to the extent that the Housing Successor
fails to comply with an excess surplus test (i.e.unencumbered funds that exceed the greater
of $1,000,000 or the total amount of net program income deposits over the previous four
years),the excess surplus must be transferred to the Department of Housing and Community
Development if not spent within a period of three years.The income targets for FY 23/24 are
shown in the attached FY 23/24 Program Income Funds Budget.
Primary budget consideration must be given to ensure that over multiple fiscal years,the
proper percentage of net program income funds are encumbered as required within each
target income category.
Administration, Operations and Maintenance
Under Section 34176.1(a)(1),the Housing Successor,is allowed 5%of the statutory value of
real property and loans and grants receivables for an administrative operation and
maintenance allowance of $1,271,680 for the purpose of:monitoring and preserving the long
term affordability of units subject to affordability restrictions or covenants entered into by the
former redevelopment agency and the housing successor;for the development of affordable
housing pursuant to income limits;and,for the purpose of administering the housing
successor’s activities.The Agency’s FY 23/24 budget of $575,000 is less than half of the 5%
allowed.
Program Income Funds Budget FY 23/24
The FY 23/24 Housing Successor Budget has been prepared in accordance with applicable
requirements and plan objectives.
In FY 23/24 the Housing Successor budget total of $6,190,634.00 includes a carryover
balance of $5,740,634 and estimates program income of $400,000 from the annual
City/Agency loan repayment (HSC Section 34191.4);and $50,000 from single and multi-family
loan repayments.Net of $1,768,006 encumbered for approved projects,and $575,000 for
personnel,operations and maintenance,the available program fund for FY 23/24 is
$3,847,628.In accordance with requirements for targeted income limits and for the
City of Fresno Printed on 6/9/2023Page 2 of 3
powered by Legistar™
File #:ID 23-895 Agenda Date:6/8/2023 Agenda #:
$3,847,628.In accordance with requirements for targeted income limits and for the
development of real property acquired by FHS for affordable housing purposes,the budget
provides for affordable residential development on FHS owned property that includes sites to
the southeast and northwest of Florence and Plumas Avenues in southwest Fresno,a site at
Mono,F and G Streets in the Chinatown Area and sites along Fulton Street south of Kern.The
Program Income Targets for FY 23/24 shown in the attached budget are:$1,154,288;
$1,923,814;and $769,526 for extremely low,very low and low-income households
respectively.
Housing Asset Fund Transfer
Funds encumbered to carry out enforceable obligations and activities to provide and monitor
affordable housing are housing assets under the jurisdiction of the Housing Successor of the
City of Fresno as approved by the Sacramento Superior Court of California.The enforceable
obligations include owner participation agreements and disposition and development
agreements.The schedule for those Court approved obligations and housing activity
expenditures are included in the Housing Asset Transfer attachment.
Affordable Housing Overview
The attached chart provides an overview of affordable housing development by the FHS since
dissolution of the former redevelopment agency.The first table “Affordable Housing
Development Expenditures by Income Target Requirements”provides the percentage of
Program Income Funds spent per income category and illustrates that 36.4%,48.0%and
15.6%of Program Income has been allocated to households at 30%;30-60%and 60-80%of
AMI respectively for approved and or completed projects.The second table illustrates the
number of units occupied by AMI level and includes mixed income developments that together
provide 503 affordable and 132 market rate units with a combined total of 635 units.The last
table shows the expenditure per unit that generally reflects the importance of FHS dollars that
leverage private equity or other public funding sources.
CONCLUSION
Staff recommends that the Housing Successor to the Redevelopment Agency of the City of Fresno
and the Fresno Revitalization Corporation approve the FY 23/24 Housing Successor Budget.
Attachments:
1. FHS Annual Report for the Fiscal Year 21/22
2. FHS FY 23/24 Program Income Budget
3. Housing Asset Transfer
4. Overview-Affordable Housing
City of Fresno Printed on 6/9/2023Page 3 of 3
powered by Legistar™
Page 1 of 8
HOUSING SUCCESSOR TO THE REDEVELOPMENT AGENCY ANNUAL REPORT
REGARDING THE
LOW AND MODERATE INCOME HOUSING ASSET FUND
FOR FISCAL YEAR [21-22]
PURSUANT TO
CALIFORNIA HEALTH AND SAFETY CODE SECTION 34176.1(f)
FOR THE
CITY OF FRESNO
This Housing Successor Annual Report (Report) regarding the Low and Moderate Income Housing Asset
Fund (LMIHAF) has been prepared pursuant to California Health and Safety Code Section 34176.1(f) and
reflects data through June 30, 2022. This Report sets forth certain details of the housing activities of the
City of Fresno, successor to the former Redevelopment Agency of the City of Fresno during Fiscal Year 20
2021-2022. The purpose of this Report is to provide the governing body of the Housing Successor an
annual report on the housing assets and activities of the Housing Successor under Part 1.85, Division 24
of the California Health and Safety Code, in particular sections 34176 and 34176.1 (Dissolution Law).
The following Report is based upon information prepared by Housing Successor staff and information
contained within the independent financial audit of the LOW AND MODERATE INCOME HOUSING ASSET
SPECIAL REVENUE FUND OF THE CITY OF FRESNO, CALIFORNIA for Fiscal Year 2021-2022 as prepared by
MACIAS GINI & O’CONNELL LLP, which Audit is separate from this annual summary Report; further, this
Report conforms with and is organized into sections I. through XIII., inclusive, pursuant to Section
34176.1(f) of the Dissolution Law:
I. Loan Repayments: The amount the city, county or city and county received pursuant to subparagraph
(A) of paragraph (3) of subdivision (b) of Section 34191.4.
II. Amount Deposited into LMIHAF: This section provides the total amount of funds deposited into the
LMIHAF during the Fiscal Year. Any amounts deposited for items listed on the Recognized Obligation
Payment Schedule (ROPS) must be distinguished from the other amounts deposited.
III. Ending Balance of LMIHAF: This section provides a statement of the balance in the LMIHAF as of the
close of the Fiscal Year. Any amounts deposited for items listed on the ROPS must be distinguished from
the other amounts deposited.
IV. Description of Expenditures from LMIHAF: This section provides a description of the expenditures
made from the LMIHAF during the Fiscal Year. The expenditures are to be categorized.
V. Statutory Value of Assets Owned by Housing Successor: This section provides the statutory value of
real property owned by the Housing Successor, the value of loans and grants receivables, and the sum of
these two amounts.
VI. Description of Transfers: This section describes transfers, if any, to another housing successor agency
made in previous Fiscal Year(s), including whether the funds are unencumbered and the status of projects,
if any, for which the transferred LMIHAF will be used. The sole purpose of the transfers must be for the
Page 2 of 8
development of transit priority projects, permanent supportive housing, housing for agricultural
employees or special needs housing.
VII. Project Descriptions: This section describes any project for which the Housing Successor receives or
holds property tax revenue pursuant to the ROPS and the status of that project.
VIII. Status of Compliance with Section 33334.16: This section provides a status update on compliance
with Section 33334.16 for interests in real property acquired by the former redevelopment agency prior
to February 1, 2012. For interests in real property acquired on or after February 1, 2012, provide a status
update on the project.
IX. Description of Outstanding Obligations under Section 33413: This section describes the outstanding
inclusionary and replacement housing obligations, if any, under Section 33413 that remained outstanding
prior to dissolution of the former redevelopment agency as of February 1, 2012 along with the Housing
Successor’s progress in meeting those prior obligations, if any, of the former redevelopment agency and
how the Housing Successor’s plans to meet unmet obligations, if any.
X. Income Test: This section provides the information required by Section 34176.1(a)(3)(B), or a
description of expenditures by income restriction for five year periods, with the first time-period covering
2014-2019 and whether the statutory thresholds have been met.
XI. Senior Housing Test: This section provides the percentage of units of deed-restricted rental housing
restricted to seniors and assisted individually or jointly by the Housing Successor, its former
redevelopment Agency, and its host jurisdiction within the previous 10 years in relation to the aggregate
number of units of deed-restricted rental housing assisted individually or jointly by the Housing Successor,
its former Redevelopment Agency and its host jurisdiction within the same time period. For this Report
the ten-year period reviewed is July 1, 2012 – June 30, 2022.
XII. Excess Surplus Test: This section provides the amount of excess surplus in the LMIHAF, if any, and the
length of time that the Housing Successor has had excess surplus, and the Housing Successor’s plan for
eliminating the excess surplus.
XIII. Homeownership Units: An inventory of homeownership units assisted by the former redevelopment
agency or the housing successor that are subject to covenants or restrictions or to an adopted program
that protects the former redevelopment agency’s investment of moneys from the Low and Moderate
Income Housing Fund pursuant to subdivision (f) of Section 33334.3. This inventory shall include all of
the following information:
(A) The number of those units.
(B) In the first report pursuant to this subdivision, the number of units lost to the portfolio after
February 1, 2012, and the reason or reasons for those losses. For all subsequent reports, the
number of units lot to the portfolio in the last fiscal year and the reason for those losses.
(C) Any funds returned to the housing successor as part of an adopted program that protects the
former redevelopment agency’s investment of moneys from the Low and Moderate Income
Housing Fund.
(D) Whether the housing successor has contracted with any outside entity for the management of
the units and, if so, the identity of the entity.
Page 3 of 8
This Report is to be provided to the Housing Successor’s governing body. In addition, this Report and the
former redevelopment agency’s pre-dissolution Implementation Plans are to be made available to the
public on the former redevelopment agency’s website at http://www.fresnorda.com/.
I. LOAN REPAYMENT
A total of $433,123.00 was deposited into the LMIHAF during the Fiscal Year for loan repayments pursuant
to subparagraph (A) of paragraph (3) of subdivision (b) of Section 34191.4.
II. AMOUNT DEPOSITED INTO LMIHAF
A total of $1,036,297.30 of program income from loan repayments, rent, property sales and the
city/agency loan repayment described above was deposited into the LMIHAF during the Fiscal Year. Of
the total funds deposited into the LMIHAF, zero dollars were deposited for items listed on the ROPS.
III. ENDING BALANCE OF LMIHAF
At the close of the Fiscal Year, the ending balance in the LMIHAF was $10,003,934, of which $2,059,766
was held for expenditures from funds encumbered by enforceable obligations that transferred to the
Housing Successor on February 1, 2012 in accordance with Health & Safety Code Section 34176(e)(2) (the
transfer of which was affirmed by the Superior Court, County of Sacramento, pursuant to a Ruling on a
Petition for Writ of Mandate and Complaint for Declaratory and Injunctive Relief filed/endorsed on
February 11, 2014), and zero dollars were held for items listed on the ROPS.
IV. DESCRIPTION OF EXPENDITURES FROM LMIHAF
The following is a description of expenditures from the LMIHAF by category:
LMIHAF EXPENDITURES FOR THE FISCAL YEAR 2021-2022
Monitoring and Administration Expenditures $256,497
Homeless Prevention and Rapid Rehousing Services Expenditures
Housing Development Expenditures:
- For Low Income Units
- For Very Low Income Units
- For Extremely Low Income Units
Total LMIHAF Expenditures in Fiscal Year 2020-21 $256,497
California Health and Safety Code Section 34176.1 allows for 5% of the total $25,433,593 value of Housing
Successor assets, or $ 1,271,680, to be used on monitoring and administrative expenditures. The Housing
Successor continues to monitor and manage $ 25,433,593 in LMIHAF assets.
Page 4 of 8
V. STATUTORY VALUE OF ASSETS OWNED BY HOUSING SUCCESSOR IN LMIHAF
Under the Dissolution Law and for purposes of this Report, the “statutory value of real property” means
the value of properties formerly held by the former redevelopment agency as listed on the housing asset
transfer schedule approved by the Department of Finance as listed in such schedule under Section
34176(a)(2), the value of the properties transferred to the Housing Successor pursuant to Section
34181(f), and the purchase price of property (i.e.) purchased by the Housing Successor. Further, the value
of loans and grants receivable is included in these reported assets held in the LMIHAF.
The following provides the statutory value of assets owned by the Housing Successor.
STATUTORY VALUE OF HOUSING SUCCESSOR ASSETS AT END OF FISCAL YEAR 2022
Statutory Value of Real Property Owned by
Housing Successor
$3,599,615
Value of Loans and Notes Receivable $21,833,978
Total Value of Housing Successor Assets $25,433,593
VI. DESCRIPTION OF TRANSFERS
The Housing Successor did not make any LMIHAF transfers to other Housing Successor(s) under Section
34176.1(c)(2) during the Fiscal Year.
VII. PROJECT DESCRIPTIONS
The Housing Successor does not receive or hold property tax revenue pursuant to the ROPS.
VIII. STATUS OF COMPLIANCE WITH SECTION 33334.16
Section 34176.1 provides that Section 33334.16 does not apply to interests in real property acquired by
the Housing Successor on or after February 1, 2012; however, this report presents a status update on the
projects related to such real property.
With respect to interests in real property acquired by the former redevelopment agency prior to February
1, 2012, the Housing Successor must initiate activities consistent with the development of the real
property for the purpose for which it was acquired within five years of the date the DOF approved such
property as a Housing Asset. The Housing Assets held by the Housing Successor in the LMIHAF were
conclusively approved pursuant to Ruling on Petition for Writ of Mandate and Complaint for Declaratory
and Injunctive Relief filed and endorsed on February 11, 2014.
Page 5 of 8
DEVELOPMENT ACTIVITY
ADDRESS OF
PROPERTY
DATE OF ACQUISITION DEADLINE TO INITIATE
DEVELOPMENT
ACTIVITY
STATUS OF HOUSING
SUCCESSOR ACTIVITY
84 E. Geary 10/30/07 February 11, 2019 DDA
86 E. Geary 11/18/75 February 11. 2019 DDA
66 E. Geary 10/23/75 February 11, 2019 DDA
23 E Florence 2/11/08 February 11,, 2019 DDA
29 E Florence 2/11/08 February 11, 2019 DDA
74 E Geary 9/2/77 February 11, 2019 DDA
E Florence –
APN 477-144-30T
10/21/03 February 11, 2019 DDA
2304 S Walnut 2/29/08 February 11, 2019 DDA
887 Fulton Street 2/28/07 February 11, 2019 PSA
835 Fulton Street 9/26/08 February 11, 2019 DDA
829 Fulton Street 5/26/10 February 11, 2019 DDA
1107 “B” Street 3/17/03 February 11, 2019 AHES; Development
analysis
1511 “B” Street 10//7/05 February 11, 2019 AHES; Development
analysis
1515 “B” Street 10/7/15 February 11, 2019 AHES; Development
analysis
California/Plumas –
APN 477-121-05/06
5/16/07 February 11, 2019 AHES; Development
analysis
130 W. Lemon 10//9/07 February 11, 2019 Adopted CAP/AHES
33 E Atchison 4/14/09 February 11, 2019 Feasibility analysis in
progress
146 E Florence 9/15/06 February 11, 2019 Adopted CAP/AHES
3702 E Ventura 9/29/07 February 11, 2019 Feasibility analysis in
progress
Mono/G/F Street
APN 467-073-05; 06;
07; 16; 467-081-16
2/24/09-7/13/10 February 11, 2019 AHES; Development
analysis
NPAHD - Non Profit Affordable Housing Developer; CAP - Consolidated Action Plan; PSA - Purchase/Sale Agreement in
progress; AHES - Affordable Housing Element Site
IX. DESCRIPTION OF OUTSTANDING OBLIGATIONS PURSUANT TO SECTION 33413
Replacement Housing: According to the former redevelopment agency’s 2010-15 REDEVELOPMENT
AGENCY OF THE CITY OF FRESNO FIVE YEAR IMPLEMENTATION PLANS for the Merger No. 1; Merger No.
Page 6 of 8
2; Central City Commercial; Freeway 99-Golden State Boulevard; Fresno Air Terminal; South Fresno
Industrial; Airport Area; and the Southeast Fresno Redevelopment Project Areas and the 2007-2012
REDEVELOPMENT AGENCY OF THE CITY OF FRESNO FIVE YEAR IMPLEMENTATION PLAN for the Roeding
Business Park Redevelopment Project Area , no Section 33413(a) replacement housing obligations were
transferred to the Housing Successor. The former redevelopment agency’s Implementation Plans are
posted on the former redevelopment agency’s website at http://www.fresnorda.com/.
Inclusionary/Production Housing. According to the former redevelopment agency’s 2010-15
REDEVELOPMENT AGENCY OF THE CITY OF FRESNO FIVE YEAR IMPLEMENTATION PLANS for the Merger
No. 1; Merger No. 2; Central City Commercial; Freeway 99-Golden State Boulevard; Fresno Air Terminal;
South Fresno Industrial; Airport Area; and the Southeast Fresno Redevelopment Project Areas and the
2007-2012 REDEVELOPMENT AGENCY OF THE CITY OF FRESNO FIVE YEAR IMPLEMENTATION PLAN for the
Roeding Business Park Redevelopment Project Area , no Section 33413(b) inclusionary/production
housing obligations were transferred to the Housing Successor. The former redevelopment agency’s
Implementation Plans are posted on the former redevelopment agency’s website at
http://www.fresnorda.com/.
X. EXTREMELY-LOW INCOME TEST
Section 34176.1(a)(3)(B) requires that the Housing Successor must require at least 30% of the LMIHAF to
be expended for development of rental housing affordable to and occupied by households earning 30%
or less of the AMI. If the Housing Successor fails to comply with the Extremely-Low Income requirement
in any five-year report, then the Housing Successor must ensure that at least 50% of the funds remaining
in the LMIHAF be expended in each fiscal year following the latest fiscal year following the report on
households earning 30% or less of the AMI until the Housing Successor demonstrates compliance with the
Extremely-Low Income requirement.
LMIHAF Program Income funds have been encumbered pursuant to development agreements. However,
there were no LMIHAF housing development expenditures from January 1, 2014 through June 30, 2019.
The next five-year reporting period will be FY 19/20 through FY 23/24.
XI. SENIOR HOUSING TEST
The Housing Successor is to calculate the percentage of units of deed-restricted rental housing restricted
to seniors and assisted by the Housing Successor, the former redevelopment agency and/or the City within
the previous 10 years in relation to the aggregate number of units of deed-restricted rental housing
assisted by the Housing Successor, the former redevelopment agency and/or City within the same time
period. If this percentage exceeds 50%, then the Housing Successor cannot expend future funds in the
LMIHAF to assist additional senior housing units until the Housing Successor or City assists and
construction has commenced on a number of restricted rental units that is equal to 50% of the total
amount of deed-restricted rental units.
Senior Housing Test July 1, 2012 – June 30, 2022
# of Assisted Senior Rental Units 39
# of Total Assisted Rental Units 425
Page 7 of 8
Senior Housing Percentage in Past 10 Years 9.2%
Maximum Allowable 50%
As the percentage of assisted affordable rental units for seniors constituted only 9.2% of all assisted
affordable rental units in the past 10 years, this is far under the 50% threshold test, so the test is met.
XII. EXCESS SURPLUS TEST
Excess Surplus is defined in Section 34176.1(d) as an unencumbered amount in the account that exceeds
the greater of one million dollars ($1,000,000) or the aggregate amount deposited into the account during
the Housing Successor’s preceding four Fiscal Years, whichever is greater.
The following provides the Excess Surplus test for the preceding four Fiscal Years:
Preceding Four Fiscal Years
FY 2017/18 FY 2018/19 FY 2019/20 FY 2020/21 FY 2021/22
Beginning
Balance
$6,697,726.00 $8,169,836.56 $9,667,242.02 $7,021,569.38 $9,251,124.76
Add: Program
Income
Deposits (Loan
Repayment,
Rent and
Property Sales)
851,560.90 1,132,492.80 144,281.86 1,648,643.87 603,174.30
Add: Program
Income - 20%
City/Agency
Loan Payment
Deposit
800,724.00 1,043,839.00 851,597.00 829,801.00 433,123.00
Add:
Encumbered
Funds Deposits
Less: Program
Income
Expenditures
(175,398.44) (314,552.45) (422,621.10) (234,909.56) (256,497.39)
Less:
Encumbered
Enforceable
Obligation Fund
Expenditures*
(4,775.90) (364,373.89) (18,930.40) (11,259.54) (29,710.63)
Less:
Encumbrances
(7,645,040.45) (8,355,416.56) (5,136,486.16) (6,267,078.10) (6,917,367.47)
Page 8 of 8
Unencumbered
Balance
$524,796.11 $1,311,825.46 $1,885,402.32 $2,986,767.05 $3,083,846.57
*Expenditures From Funds Encumbered by Enforceable Obligations which Transferred to the Housing Successor on February 1,
2012 in accordance with Health & Safety Code Section 34176(e)(2) and Affirmed by the Superior Court, County of Sacramento,
Pursuant to Ruling on Petition for Writ of Mandate and Complaint for Declaratory and Injunctive Relief Filed/Endorsed on
February 11, 2014.
The LMIHAF does not have an Excess Surplus. The aggregate program income deposited into the account
during the preceding four Fiscal Years is $7,302,940.43. The unencumbered amount of $3,083,846.57
does not exceed the aggregate amount deposited.
XIII. HOMEOWNERSHIP UNITS
The Housing Successor is to provide an inventory of homeownership units assisted by the former
redevelopment agency or the housing successor that are subject to covenants or restrictions or to an
adopted program that protects the former redevelopment agency’s investment of moneys from the Low
and Moderate Income Housing Fund pursuant to subdivision (f) of Section 33334.3.
A. Number of Homeownership Units as of 6/30/22
Number of Homeownership Units 58
B. Homeownership Units lost after February 1, 2012
Units Lost Reason for Loss
55 Loans paid off
356 Forgiven Loans
24 Loans written off due to foreclosure or short sale
C. $485,901.79 of funds were returned to the housing successor during the Fiscal Year as part of an
adopted program that protects the former redevelopment agency’s investment of moneys from the Low
and Moderate Income Housing Fund.
D. The housing successor has not contracted with an outside entity for the management of the single
family homeownership loans.
FY15 FY16 FY17 FY18 FY19 FY20 FY21 FY22 FY23 FY24
ACTUALS ACTUALS ACTUALS ACTUALS ACTUALS ACTUALS ACTUALS ACTUALS ESTIMATE BUDGET
(3/31/23)
SOURCES OF FUNDS
Beginning Cash Balance 739,437.70$ 1,771,523.56$ 3,191,899.93 4,206,189.26 5,683,075.72 7,544,855.07 4,918,112.83 7,161,648.14 7,941,448.04 5,740,634.60
Program Income - Loan Repayments 257,346.18 244,463.57 178,391.61 195,265.02 1,104,057.63 144,281.86 1,168,511.87 603,174.30 203,529.29 50,000.00
Program Income - NSP Program - - - - -
Program Income - Purchase Option/Property Sales 653,063.83 65,659.00 655,195.88 (484.83) - - - -
Program Income - Rent 3,600.00 3,600.00 6,025.00 1,100.00 (600.00) - - - -
Program Income - Other - - 1,000.00 29,520.00 - - - 20,443.30
Program Income - Bond Proceeds 480,132.00 - -
Loan from COF - Blackstone/McKinley - - -
20% City/Agency Loan Repayment 844,236.40 687,671.00 992,235.00 800,724.00 1,043,839.00 851,597.00 829,801.00 433,123.00 467,034.40 400,000.00
Program Project Expense - 329 College (26,000.00)
Program Project Expense - Blackstone/McKinley (2,200,000.00)
Program Project Expense - Florence/Walnut -
Program Project Expense - 450 M Street (407,033.33)
Program Project Expense - Annadale/Elm (3,200,000.00) -
Program Income Expenses (73,096.72) (168,422.03) (229,021.28) (175,398.44) (314,552.45) (422,621.10) (234,909.56) (256,497.39) (258,787.10)
Ending Cash Balance/Total Sources of Funds 1,771,523.56 3,191,899.93$ 4,206,189.26$ 5,683,075.72$ 7,544,855.07$ 4,918,112.83$ 7,161,648.14$ 7,941,448.04$ 5,740,634.60$ 6,190,634.60$
Less: Encumbered Funds - Blackstone/McKinley (1,500,000.00) (2,200,000.00) (2,200,000.00) (2,200,000.00) (2,200,000.00) (2,200,000.00) -
Less: Encumbered Funds - Annadale/Elm (2,900,000.00) (3,500,000.00) (300,000.00) (300,000.00) (300,000.00) (300,000.00) (300,000.00)
Less: Encumbered Funds - Loan Repayment - Blackstone/McKinley (474,750.00) (474,750.00) (474,750.00) (474,750.00) (474,750.00) -
Less: Encumbered Funds - 329 N College (61,000.00) (61,000.00) (61,000.00) (61,000.00) (61,000.00) - -
Less: Encumbered Funds - South Stadium (659,298.00) (659,298.00) - -
Less: Encumbered Funds - Florence/Walnut (680,000.00) (730,000.00) (730,000.00)
Less: Encumbered Funds - 450 M Street (662,486.00) (255,452.67)
Less: Encumbered Funds - 1740 Van Ness (482,553.48)$ (482,553.48)$ (482,553.48)$ (482,553.48)$
Ending Unencumbered Cash Balance/Total Sources of Unencumbered Funds 2,706,189.26$ 522,075.72$ 1,309,105.07$ 1,882,362.83$ 2,984,046.66$ 3,083,846.56$ 3,090,845.12$ 4,422,628.45$
USES OF RESTRICTED UNENCUMBERED FUNDS:
Administration (1):
Personnel Salaries & Benefits 250,000.00$
Operations and Maintenance 325,000.00
Sub-Total - Administration 575,000.00$
Affordable Housing Development:
Florence/Plumas, Mono/G, Fulton
Income Target Requirements:
Development of Affordable Housing-<30% AMI 30%1,154,288.54$
Development of Affordable Housing-30-60% AMI 30%-60%1,923,814.23
Development of Affordable Housing-60-80% AMI 60%-80%769,525.69
Sub-Total - Affordable Housing Development 3,847,628.45$
(1) Administrative Allowance pursuant to California Health & Safety Code Section 34176.1(a).
HOUSING SUCCESSOR TO THE REDEVELOPMENT AGENCY OF THE CITY OF FRESNO
FY23-24 PROGRAM INCOME FUNDS BUDGET
5/31/2023
Total Amounts Paid Through ROPS 22-23Feb - JunACT/BUD 3/31 BALANCE ROPS 23-24Total ROPS I ROPS II ROPS III ROPS 13-14 ROPS 14-15 ROPS15-16 ROPS16-17 ROPS17-18 ROPS18-19 ROPS19-20 ROPS 20-21 ROPS 21-22 ROPS 22-23 REMAINING BUDGET BalanceHotel Frezno, LLC1,960,054.03 (5,212.85) (5,955.42) - - - - (889,928.23) - (360,155.89) - (7,041.58) (25,492.67) (656,009.86) 10,257.53 (1,538.63) 8,718.90 TFS Invesments, LLC - Fultonia West480,832.59 (3,712.85) (5,355.42) (17,221.44) - (435,000.00) - - - - - - - - 19,542.88 (2,931.43) 16,611.45 FFDA Properties, LLC - L Street775,195.98 (6,188.10) (11,325.70) (17,221.44) (480,000.00) (240,000.00) - - - - - - - - 20,460.74 (3,069.11) 17,391.63 FFDA Properties, LLC - 1612 Fulton Street698,338.21 (6,188.10) (444,657.70) (233,887.44) - - - - - - - - - - 13,604.97 (2,040.75) 11,564.22 FFDA Properties, LLC - 1608 Broadway1,261,657.90 (6,188.10) (11,325.70) (17,221.44) (400,000.00) (400,000.00) (400,000.00) - - - - - - - 26,922.66 (4,038.40) 22,884.26 FFDA Properties, LLC - 1636-1660 Broadway1,941,162.85 (6,188.10) (481,325.70) (17,221.44) (470,000.00) (470,000.00) (470,000.00) - - - - - - - 26,427.61 (3,964.14) 22,463.47 FFDA Properties, LLC - Fulton & Calaveras3,560,043.66 (6,188.10) (1,261,325.70) (17,221.44) - (750,000.00) (750,000.00) (750,000.00) - - - - - - 25,308.42 (3,796.26) 21,512.16 Edison Plaza Partners, L.P.5,699,129.65 (7,306.23) (5,988.87) (4,188.09) - - (5,655,000.00) - - - - - - - 26,646.46 (3,996.97) 22,649.49 Infill (eg. HFH)47,585.64 - - - - (24,013.00) - - - - - - - - 23,572.64 (3,445.90) 20,126.74 Property Maintenance (eg. FCEOC)363,428.64 - - - - - (2,720.39) - - - - - - - 360,708.25 (54,106.24) 306,602.01 Compliance Monitoring (eg. Compliance Services303,762.00 - - - - (47,070.00) (615.00) - - - - - - - 256,077.00 (38,411.55) 217,665.45 Affordable Housing Report, Audit 210,000.00 - - - - - - - - - - - - - 210,000.00 (31,500.00) 178,500.00 Property Based Improvement District 136,407.44 - - (2,298.14) (2,298.17) (4,596.46) (4,633.14) (4,633.14) (4,775.90) (4,218.00) (18,930.40) (4,217.96) (4,217.96) (4,652.30) 76,935.87 (11,540.38) 65,395.49 Prop Disp, Demo, Remediation, Infrastructure 442,785.04 - - (20,489.92) (22,245.77) (51,211.30) (4,450.00) (41,749.25) - - - - - - 302,638.80 (45,395.82) 257,242.98 17,880,383.63$ (47,172.43) (2,227,260.21) (346,970.79) (1,374,543.94) (2,421,890.76) (7,287,418.53) (1,686,310.62) (4,775.90) (364,373.89) (18,930.40) (11,259.54) (29,710.63) (660,662.16) 1,399,103.83 (209,775.57) 1,189,328.26$ Housing Asset Transfer
Enforceable Obligations -
Housing Asset Transfer
Extremely Low
(30% or less of AMI)
Very Low
(60% or less of AMI)
Lower
(80% or less of AMI)
Moderate
(120% or less of AMI)Total
Hotel Fresno $456,962 $505,063 $913,924 -$1,900,000
Fultonia West -$870,000 --$870,000
L Street ---$1,440,000 $1,440,000
1612 Fulton ---$1,900,000 $1,900,000
1608 Broadway ---$1,600,000 $1,600,000
1636-1660 Broadway ---$1,880,000 $1,880,000
Fulton/Calaveras ---$3,500,000 $3,500,000
Edison Plaza --$5,665,000 -$5,665,000
sub-total $456,962 $1,375,063 $6,578,924 $10,320,000 $18,755,000
Program Income Funds 30%60%80%120%Total
Annadale - Senior Housing $984,615 $2,215,385 --$3,200,000
Annadale - Single Family -$90,000 $210,000 -$300,000
Blackstone/McKinley $2,200,000 ---$2,200,000
329 N College --$26,000 -$26,000
473 N Glenn $25,000 ---$25,000
Walnut & Florence -$730,000 --$730,000
1740 Van Ness --$482,553 -$482,553
450 M Street --$662,486 -$662,486
Heritage Estates -$1,200,000 $0 -$1,200,000
sub-total $3,209,615 $4,235,385 $1,381,039 $0 $8,826,039
36.4%48.0%15.6%0.0%100.0%
TOTAL $3,666,577 $5,610,448 $7,959,963 $10,320,000 $27,581,039
30% 60% 80% 120%
Total
Affordable
Units MR
Total Units
(including
Market Rate)
Hotel Fresno 19 21 38 -78 1 79
Fultonia West -30 --30 15 45
L Street ---9 9 19 28
1612 Fulton ---12 12 18 30
1608 Broadway ---19 19 -19
1636-1660 Broadway ---12 12 15 27
Fulton/Calaveras ---21 21 41 62
Edison Plaza --118 -118 -118
Annadale - Senior Housing 12 27 --39 -39
Annadale - Single Family -6 14 -20 -20
Blackstone/McKinley 18 69 --87 1 88
329 N College --1 -1 -1
473 N Glenn 1 ---1 -1
Walnut & Florence -14 --14 -14
1740 Van Ness --6 -6 22 28
450 M Street*-2 1 3 -3
Heritage Estates -22 11 -33 -33
*including FRC sources TOTAL 50 189 190 74 503 132 635
30%60%80%120%
Hotel Fresno $24,051 $24,051 $24,051 -
Fultonia West -$29,000 --
L Street ---$160,000
1612 Fulton ---$158,333
1608 Broadway ---$84,211
1636-1660 Broadway ---$156,667
Fulton/Calaveras ---$166,667
Edison Plaza --$48,008 -
Annadale - Senior Housing $82,051 $82,051 --
Annadale - Single Family -$15,000 $15,000 -
Blackstone/McKinley $122,222 ---
329 N College --$26,000 -
473 N Glenn $25,000 ---
Walnut & Florence -$52,143 --
1740 Van Ness --$80,426 -
450 M Street --$331,243 -
Heritage Estates -$54,545 --
**other funding sources not included
Affordable Housing Development - Average HSA Contribution per Unit**
Overview - Affordable Housing Development
HSA 2012-2023
Affordable Housing Development Expenditures by Income Target Requirements
Affordable Housing Units by Income Level
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-854 Agenda Date:6/8/2023 Agenda #:
REPORT TO THE CITY COUNCIL
SUBJECT
Appearance by Mary Padilla to discuss who we are representing. (District 2 Resident)
City of Fresno Printed on 6/2/2023Page 1 of 1
powered by Legistar™
06/08/2023
NO SHOW
From:Mary Padilla
To:Clerk Agendas
Subject:Request to Speak Before the Fresno City Council
Date:Tuesday, May 16, 2023 11:56:40 AM
External Email: Use caution with links and attachments
Name:Mary Padilla
Address
District District 2
Phone
Email
Date You Wish to Speak Before the
City Council
June 8, 2023
Topic/Subject Who are we representing?
IP Address 198.200.238.254
User-Agent (Browser/OS)Google Chrome 112.0.0.0 / 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 23-914 Agenda Date:6/8/2023 Agenda #:
REPORT TO THE CITY COUNCIL
SUBJECT
Adoption of the Central Southeast Specific Plan (CSESP)
City of Fresno Printed on 6/2/2023Page 1 of 1
powered by Legistar™
06/08/2023
CONTINUED
TO JUNE 15, 2023 AT 10:05 AM.
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-913 Agenda Date:6/8/2023 Agenda #:
REPORT TO THE CITY COUNCIL
FROM:JENNIFER K. CLARK, Director
Planning and Development Department
BY:PHILLIP SIEGRIST, Planning Manager
Development Services Division
SUBJECT
HEARING to Consider Plan Amendment and Rezone Application No. P22-00507, Development
Permit Application No. P22-00505, and related Environmental Assessment No. P22-00507/P22-
00505 pertaining to ±1.23 acres of property located on the west side of North Sugar Pine Avenue
between West Fir Avenue and West Beechwood Avenues. (Council District 2) - Planning &
Development Department.
1. ADOPT the Mitigated Negative Declaration as prepared for Environmental Assessment No.
P22-00505/P22-00507, dated December 9, 2022, for the proposed project pursuant to the
State of California Environmental Quality Act (CEQA); and,
2. RESOLUTION - Approving Plan Amendment Application No. P22-00507, requesting
authorization to amend the Fresno General Plan to change the planned land use designation
for the subject property from Residential - Medium Density (±1.23 acres) to Commercial -
General (±1.23 acres); and,
3. BILL - (For introduction and adoption) - Approving Rezone Application No. P22-00507,
requesting authorization to amend the Official Zoning Map of the City of Fresno to rezone the
subject property from the RS-5 (Residential Single Family, Medium Density) (±1.23 acres)
zone district to the CG (Commercial - General) (±1.23 acres) zone district in accordance with
the Plan Amendment Application; and
4. APPROVE - Development Permit Application No. P22-00505, requesting authorization to
construct an 11,664-square-foot medical clinic and associated parking, circulation, and
infrastructure improvements on the approximately 1.23-acre site, subject to compliance with
Conditions of Approval dated March 1, 2023.
City of Fresno Printed on 6/2/2023Page 1 of 1
powered by Legistar™
06/08/2023
CONTINUED TO
JUNE 15, 2023 AT 10:10 AM
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-912 Agenda Date:6/8/2023 Agenda #:
3.-A.
REPORT TO THE CITY COUNCIL
FROM:SANTINO DANISI, MBA, City Controller/Finance Director
BY:COURTNEY ESPINOZA, Business Manager
Finance Department, Grants Management Unit
SUBJECT
Approve a grant agreement with Bakman Water Company allocating up to $2,700,000 in American
Rescue Plan Act (ARPA) funding for the construction of water infrastructure necessary to meet safety
standards and fire suppression requirements for the development of affordable housing at the
Fancher Creek Town Center development.
RECOMMENDATION
Staff recommends Council approve an agreement with Bakman Water Company allocating
$2,700,000 in ARPA funding to fund water infrastructure to meet fire suppression requirements
related to the Fancher Creek Town Center (FCTC) development; and authorize the City Manager to
execute agreements, amendments and modifications pertaining to this grant program.
EXECUTIVE SUMMARY
Staff recommends Council approve an agreement with Bakman Water Company allocating
$2,700,000 in ARPA funding for water infrastructure to meet fire suppression requirements related to
the Fancher Creek Town Center development that was previously approved by Council on April 27,
2023. Bakman Water Company shall utilize the funding to construct water infrastructure to meet
safety standards for the affordable housing and commercial developments.
BACKGROUND
In 2021, the City of Fresno was awarded American Rescue Plan Act funding in the amount of
$170,808,029. Of this funding $2,700,000 was identified in a resolution passed by Council on April
27, 2023 to provide funding for water infrastructure within the Fancher Creek Town Center
development. This site currently does not have the necessary infrastructure in place to meet fire
suppression standards for the two affordable housing developments currently under construction.
Bakman Water Company will utilize this funding to complete water infrastructure construction for the
two affordable housing complexes located on site and will begin to provide much needed affordable
housing for residents in Southeast Fresno. The water infrastructure project will consist of the
construction of a 600,000-gallon, ground level steel storage tank on a vacant lot with a booster pump
City of Fresno Printed on 6/2/2023Page 1 of 3
powered by Legistar™
06/08/2023
NEW FILE ID 23-960
REMOVED FROM AGENDA
& TABLED TO JUNE 15, 2023
File #:ID 23-912 Agenda Date:6/8/2023 Agenda #:
3.-A.
construction of a 600,000-gallon,ground level steel storage tank on a vacant lot with a booster pump
station.
The contribution contemplated herein shall be utilized exclusively for the fulfillment of the mentioned
health and safety related condition of approval in the best interests of the citizens of the City,to
protect the public health,safety and welfare and would be exempted from the Better Business Act
(Council Resolution No. 2009-118).
Pursuant to Fresno City Resolution No.2023-112,a condition precedent to any distribution of funds
by the City to Bakman Water Company requires that the Developer,Fancher Creek Town Center
Senior,LP,must annex the FCTC project into the appropriate Community Facilities District to fund
the maintenance and other eligible services pertaining the landscaping,streets,and other public
infrastructure.
ENVIRONMENTAL FINDING
Staff performed an Environmental Assessment for Development Permit No.P21-02251,dated
December 9,2021,a determination that the proposed water infrastructure project is categorically
exempt from the California Environmental Quality Act (CEQA)pursuant to Section 15332/Class 32 (In
-fill Development Projects). Pursuant to Section 15332, staff determined that:
(a)The project is consistent with the applicable general plan designation and all applicable general
plan policies as well as with applicable zoning designation and regulations.
(b)The proposed development occurs within city limits on a project site of no more than five acres
substantially surrounded by urban uses.
(c) The project site has no value, as habitat for endangered, rare or threatened species.
(d)Approval of the project would not result in any significant effects relating to traffic,noise,air
quality, or water quality.
(e) The site can be adequately served by all required utilities and public services.
Further,it was determined that none of the exceptions to the exemptions set forth in CEQA
Guidelines section 15300.2 apply to this project.The EA prepared for this project was adopted in
conjunction with the Planning Director’s approval of Development Permit No.P21-02251.An NOE
was filed with the Fresno County Clerk on September 1, 2022.
The proposed discretionary action,approval of a grant agreement with Bakman Water Company
allocating $2,700,000 in ARPA funding for the construction of water infrastructure necessary to meet
safety standards and fire suppression requirements,is to provide funding for the water infrastructure
project previously approved with the issuance of Development Permit No. P21-02251.
The proposed water infrastructure project has not changed since the prior approval and as such no
further assessment under CEQA is required at this time.
LOCAL PREFERENCE
This organization has been previously approved by Council.
FISCAL IMPACT
City of Fresno Printed on 6/2/2023Page 2 of 3
powered by Legistar™
File #:ID 23-912 Agenda Date:6/8/2023 Agenda #:
3.-A.
This program will be funded through American Rescue Plan Act funding and will not impact the
general fund.
Attachments:
ARPA Agreement with Bakman Water Company
Environmental Assessment for Development Permit No. P21-02251
City of Fresno Printed on 6/2/2023Page 3 of 3
powered by Legistar™
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-923 Agenda Date:6/8/2023 Agenda #:
4.-A.
REPORT TO THE CITY COUNCIL
FROM:GARRY BREDEFELD, Councilmember
District 6
TYLER MAXWELL, Council President
District 4
MIKE KARBASSI, Councilmember
District 2
SUBJECT
Resolution - Naming the Fresno Police Department Regional Training Center the “Jerry P. Dyer
Regional Police Training Center”
RECOMMENDATION
Attachment:
Resolution
City of Fresno Printed on 6/2/2023Page 1 of 1
powered by Legistar™
06/08/2023
JUNE 15, 2023
TABLED TO
1 of 2 Date Adopted: Date Approved: Effective Date: City Attorney Approval: ______ Resolution No. ____________
RESOLUTION NO. ____________
A RESOLUTION OF THE COUNCIL OF THE CITY OF
FRESNO, CALIFORNIA, NAMING THE “JERRY P. DYER
REGIONAL POLICE TRAINING CENTER”
WHEREAS, the Regional Police Training Center at 6375 West Central Avenue in
Fresno does not currently have a formal designation; and
WHEREAS, Mayor Jerry P. Dyer is a lifelong Central Valley and Fresno native who
has dedicated his life to serve this community; and
WHEREAS, Mayor Dyer was first sworn in as a Fresno Police Department officer
on May 1, 1979; and
WHEREAS, Mayor Dyer served as Fresno’s Police Chief for 18 years; the longest
tenure in Fresno’s history; and
WHEREAS, Mayor Dyer served as the President of the California Police Chief’s
Association in 2008; and
WHEREAS, Mayor Dyer was elected Mayor of Fresno in 2020; and
WHEREAS, Mayor Dyer has made it his mission in life to keep the residents of the
City of Fresno safe and create unity in our community under the One Fresno philosophy;
and
WHEREAS, Mayor Dyer has prioritized Downtown revitalization, youth leadership,
beautifying Fresno, and public safety.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as
follows:
2 of 2
1. The Police Training Center at 6375 West Central Avenue in Fresno shall
hereafter be named the “Jerry P. Dyer Regional Police Training Center”.
2. That this resolution is exempt from the 2020-272 Council Resolution
requiring review by the Historic Preservation Commission.
3. 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:
Andrew Janz Date
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-906 Agenda Date:6/8/2023 Agenda #:
5.-A.
CLOSED SESSION ITEM
June 8, 2023
SUBJECT
CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
Government Code Section 54956.9, subdivision (d)(1)
Lester Renard Parham, Sr. v. City of Fresno, et al; Fresno Superior Court Case
No.: 22CECG00243
City of Fresno Printed on 6/2/2023Page 1 of 1
powered by Legistar™
06/08/2023
DISCUSSED, NO ACTION
REPORTED
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-907 Agenda Date:6/8/2023 Agenda #:
5.-B.
CLOSED SESSION ITEM
June 8, 2023
SUBJECT
CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
Government Code Section 54956.9, subdivision (d)(1)
Henry Torres v. City of Fresno; Fresno Superior Court Case
No.: 22CECG00596
City of Fresno Printed on 6/2/2023Page 1 of 1
powered by Legistar™
06/08/2023
DISCUSSED, NO ACTION
REPORTED
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-908 Agenda Date:6/8/2023 Agenda #:
5.-C.
CLOSED SESSION ITEM
June 8, 2023
SUBJECT
CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
Government Code Section 54956.9, subdivision (d)(1)
Case Name(s): City of Fresno v. Shell Oil Company, et al.;
San Francisco Superior Court Case No. CGC-22-600974
City of Fresno Printed on 6/2/2023Page 1 of 1
powered by Legistar™
06/08/2023
DISCUSSED, NO ACTION
REPORTED
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 23-922 Agenda Date:6/8/2023 Agenda #:
5.-D.
CLOSED SESSION ITEM
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)
City of Fresno Printed on 6/2/2023Page 1 of 1
powered by Legistar™
06/08/2023
DISCUSSED, NO
ACTION REPORTED