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2023-06-15 Council Agenda Packet
Thursday, June 15, 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 06/15/2023 MK/MA 7-0 AS AMENDED June 15, 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_-Urpr64qSi6IuH9-tZMtIg 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 15, 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 15, 2023City Council Meeting Agenda - Final 9:00 A.M. ROLL CALL Invocation by Pastor Scott MacNeil from CrossCity Christian Church Pledge of Allegiance to the Flag APPROVE AGENDA CEREMONIAL PRESENTATIONS Proclamation for “Lee Ann Eager Day”ID 23-856 Sponsors:Vice President Perea, Office of Mayor & City Manager, Councilmember Chavez and Councilmember Esparza Proclamation Honoring Senior Community Revitalization Specialist George Hobbs ID 23-963 Sponsors:Councilmember Arias and City Attorney's Office 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 Approval of the minutes for June 5, 2023, Budget Hearings, June 5, 2023, Special Meeting, June 6, 2023, Budget Hearings, June 7, 2023, Budget Hearings, and June 8, 2023, Regular Meeting. ID 23-9411.-A. Sponsors:Office of the City Clerk Page 4 City of Fresno ***Subject to Mayoral Veto June 15, 2023City Council Meeting Agenda - Final Approve a consultant services agreement with Unison Consulting, Inc., to provide professional financial services for the completion of a Passenger Facility Charges Application to supplement debt service for portions of the Fresno Yosemite International Terminal Expansion Project. Not to exceed $184,200. (Council District 4) ID 23-8741.-B. Sponsors:Airports Department Actions pertaining to a License Agreement with California Interscholastic Federation (CIF) for use of Woodward Park for the State Cross Country 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 ID 23-8981.-C. Sponsors:Office of Mayor & City Manager 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) ID 23-8891.-D. Sponsors:Office of Mayor & City Manager, Public Works Department, Council President Maxwell, Councilmember Chavez and Councilmember Bredefeld Approve and authorize the Mayor or designee to execute the Fresno Regional Workforce Development Board’s (FRWDB’s) Workforce Innovation and Opportunity Act (WIOA) Two-Year Local Plan Modification for Program Years 2021-2024 ID 23-7351.-E. Sponsors:Personnel Services Department Page 5 City of Fresno ***Subject to Mayoral Veto June 15, 2023City Council Meeting Agenda - Final Approve and authorize the Mayor to execute the Fresno Regional Workforce Development Board’s (FRWDB’s) application through the California Workforce Development Board (State Board) for Local Board Certification for the period of July 1, 2023, to June 30, 2025. ID 23-7361.-F. Sponsors:Personnel Services Department Approve the second amendment to an agreement with Fresno Area Workforce Investment Corporation (Workforce) to provide wrap-around services for additional Fellows in the One Fresno Youth Jobs Corps program. ID 23-8391.-G. Sponsors:Personnel Services Department Approve an Agreement with Turning Point of Central California to operate the Golden State Triage Center emergency shelter in the total amount of $1,554,734 in Homeless Housing, Assistance, and Prevention funds (HHAP). ID 23-9361.-H. Sponsors:Planning and Development Department Approve a $1.9 million State and Local Fiscal Recovery Funds (Part of the American Rescue Plan Act) Agreement with Better Opportunities Builder, Inc., an affiliate of the Housing Authority of the City of Fresno, for the conversion and rehabilitation of the former Econo Inn Motel into a 25-unit affordable multi-family affordable housing and workforce housing project. ID 23-8261.-I. Sponsors:Planning and Development Department Approve a $3.5 million State and Local Fiscal Recovery Funds (part of the American Rescue Plan) Agreement with Fresno Step Up at 99, LP for the proposed rehabilitation of 1240 and 1280 Crystal Avenue (the former Motel 99) and the introduction of new construction to create 62 affordable permanent housing units in west central Fresno. (Council District 3) ID 23-8271.-J. Sponsors:Planning and Development Department Page 6 City of Fresno ***Subject to Mayoral Veto June 15, 2023City Council Meeting Agenda - Final Approve an Agreement with Turning Point of Central California to operate the Bridge Point Triage Center emergency shelter in the total amount of $888,385 in Homeless Housing, Assistance, and Prevention funds (HHAP). ID 23-8351.-K. Sponsors:Planning and Development Department Approve a Third Amendment to the Agreement with Fresno County Economic Opportunities Commission to extend the term of the contract to October 31, 2023, and increase the contract amount by $42,567 for a total fee not to exceed $526,872.52, to operate four beds at the Youth Bridge Housing program. ID 23-8371.-L. Sponsors:Planning and Development Department ***RESOLUTION - Adopting the 45th Amendment to the Annual Appropriation Resolution (AAR) No. 2022-154 appropriating $132,600 in Emergency Solutions Grant-Coronavirus (ESG-CV) (Subject to Mayor’s Veto) ID 23-8461.-M. Sponsors:Planning and Development Department Actions pertaining to supplemental Emergency Solutions Grant funding provided by the U.S. Department of Housing and Community Development Office of Community Planning and Development (HUD CPD) to prevent, prepare for, and respond to the Coronavirus: 1. Approve an Amendment to the Emergency Solutions Grant - Coronavirus Agreement with Elevate Community Services to increase the funding by $132,539.21 for a total award of $385,805.42 for emergency shelter within the City of Fresno. 2. Approve the seventh revision of the Emergency Solutions Grant - Coronavirus Activity Allocations to reallocate $132,539.21 to fund emergency shelter operations ID 23-8451.-N. Sponsors:Planning and Development Department Approve a Second Amendment to the Agreement with Turning Point of Central California to operate the Valley Inn as a low-barrier emergency homeless shelter to extend the contract term to June 30, 2023 and to increase the ID 23-8841.-O. Page 7 City of Fresno ***Subject to Mayoral Veto June 15, 2023City Council Meeting Agenda - Final compensation for property management and case management services by $1,589,731 for a total contract amount not to exceed $3,179,472, using Homekey 2.0 (Homekey) program funding. Sponsors:Planning and Development Department Award service agreement to Partner’s in Control, Inc., dba Enterprise Automation, in the amount of $1,045,914.00 for the Groundwater System Citect Supervisory Control and Data Acquisition, Wonderware Historian, Dream Reports Upgrade and Configuration Integration (Bid File No. 3872) (Citywide). ID 23-3571.-P. Sponsors:Department of Public Utilities ***RESOLUTION - Adopting the 33rd Amendment to the Annual Appropriation Resolution (AAR) No. 2022-154 appropriating $988,000 for Permanent Asphalt Concrete Pavement Repairs (Requires 5 Affirmative Votes) (Subject to Mayor’s Veto). ID 23-9241.-Q. Sponsors:Department of Public Utilities Approve a consultant services agreement with Michael K. Nunley and Associates Inc., to provide engineering design and construction support services for a manganese treatment system at Pump Station 347 for an amount not to exceed $136,500. (Bid File 10097) (Council District 7) ID 23-9251.-R. Sponsors:Department of Public Utilities Award service contract to Partners in Control, Inc., dba Enterprise Automation for Department of Public Utilities, Water Division On-Call Supervisory Control and Data Acquisition System Integration Professional Services and Support, in the amount of $149,919.00 (Bid File No. 3873) (Citywide) ID 23-4251.-S. 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 ID 23-9451.-T. Page 8 City of Fresno ***Subject to Mayoral Veto June 15, 2023City Council Meeting Agenda - Final under CEQA Guidelines Section 15061(b)(3). 2. Approve a consultant services agreement with Carollo Engineers, Inc., a Delaware corporation, in the amount not to exceed $176,034, inclusive of a $15,000 contingency, to conduct a feasibility study for the expansion of the North Fresno Wastewater Reclamation Facility. Sponsors:Department of Public Utilities RESOLUTION - Approving the Final Map of Tract No. 6299, and accepting dedicated public uses offered therein except for dedications offered subject to City acceptance of developer installed required improvements - located near the southeast corner of East Belmont Avenue and North Armstrong Avenue (Council District 5) ID 23-9211.-U. Sponsors:Public Works Department Bicycle and Pedestrian Advisory Committee (BPAC) Semi-Annual Report (November 2022 through April 2023) (Citywide) ID 23-8571.-V. Sponsors:Public Works Department Actions pertaining to approval of an On-Call Land Surveying Services Agreement for the Department of Public Works Land Planning Section with Willdan Engineering, in the amount of $480,000 (Citywide). ID 23-8531.-W. Sponsors:Public Works Department RESOLUTION - Adopting a list of proposed Public Works projects to receive Senate Bill 1 (SB 1) Road Maintenance and Rehabilitation Account funding for City Fiscal Year 2024. ID 23-9471.-X. Sponsors:Public Works Department RESOLUTION - Approving the Final Map of Tract No. 6212, and accepting dedicated public uses offered therein except for dedications offered subject to City acceptance of developer installed required improvements - located near the southwest corner of North Parc West Drive and North Grantland Avenue (Council District 1) ID 23-9611.-Y. Sponsors:Public Works Department Page 9 City of Fresno ***Subject to Mayoral Veto June 15, 2023City Council Meeting Agenda - Final ***RESOLUTION - Authorizing the Examination of Sales or Transactions and Use Tax Records by the City Attorney and the City Attorney’s Retained Legal Analyst (Subject to Mayor’s Veto). ID 23-9481.-Z. Sponsors:Councilmember Arias and Councilmember Chavez ***RESOLUTION - To name the Fresno Regional Fire Training Center (Hayes and Central) as the “Chief Kerri Donis Training Center” (Subject to Mayor’s Veto) ID 23-9541. -AA. Sponsors:Vice President Perea and Councilmember Arias CONTESTED CONSENT CALENDAR 2. SCHEDULED COUNCIL HEARINGS AND MATTERS 10:00 A.M. Tax Equity and Financial Responsibility Act (TEFRA) public hearing. TEFRA HEARING - To hear and consider information concerning the proposed issuance of tax-exempt bonds by the California Municipal Finance Authority (“CMFA”) for the purpose of financing the acquisition, construction, installation and equipping of Hotel Fresno Apartments (the Project), a multifamily rental housing project located at 1241-1263 Broadway Plaza, Fresno, California 93721. Proceeds of the Bonds will be loaned to Broadway Plaza Family Apartments, LP (the “Borrower”) in partnership with APEC International, LLC (the “Developer”). 1. ***RESOLUTION - 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. (Subject to Mayor’s Veto) ID 23-937 Sponsors:Finance Department Page 10 City of Fresno ***Subject to Mayoral Veto June 15, 2023City Council Meeting Agenda - Final 10:05 A.M. (CONTINUED TO JUNE 22, 2023, AT 10:05 A.M.) Hearing - To consider the adoption of the Central Southeast Area Specific Plan and related Environmental Assessment, State Clearinghouse (SCH No. 2023020138), and related actions: 1. ADOPT the Subsequent Mitigated Negative Declaration, Environmental Assessment No. P22-00400 dated February 1, 2023 (Exhibit I), prepared pursuant to CEQA Guidelines Section 15162 and 15070 et. Seq. and the Mitigation Monitoring and Reporting Program prepared pursuant to CEQA Guidelines Section 15097. 2. APPROVE Plan Amendment Application P22-00400 which proposes to: a. RESOLUTION - Approving repeal of the Roosevelt Community Plan, pertaining to approximately 15,721 acres (Exhibit N) b. BILL - Approving the repeal of the Butler/Willow Specific Plan, pertaining to approximately 563 acres (Exhibit O) c. RESOLUTION - Approving adoption of the Central Southeast Area Specific Plan and accompanying Planned Land Use Ma (Exhibit P) d. RESOLUTION - Approving adoption of the Planned Land Use Map (Figure LU-1) of the Fresno General Plan to incorporate the land use changes proposed in the Central Southeast Area Specific Plan (Exhibit Q) e. BILL - Approving the rezone of approximately 136 acres of property within the Central Southeast Area Specific Plan area to be consistent with the planned land uses proposed in the Plan (Exhibit R) 3. RESOLUTION - Authorizing the Planning Department Director or her designee to correct any typographical errors and update the text, policies, maps, tables, and exhibits contained in the Central Southeast Area Specific Plan, the Fresno General Plan, and the Development Code to reflect the final action taken by the Council, to the extent that such updates are necessary to maintain consistency (Exhibit S). ID 23-929 Page 11 City of Fresno ***Subject to Mayoral Veto June 15, 2023City Council Meeting Agenda - Final Sponsors:Planning and Development Department 10:10 A.M. (CONTINUED TO JUNE 22, 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 - 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. ID 23-641 Sponsors:Planning and Development Department Page 12 City of Fresno ***Subject to Mayoral Veto June 15, 2023City Council Meeting Agenda - Final 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 23-9603.-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 23-9734.-A. Sponsors:Councilmember Bredefeld, Council President Maxwell and Councilmember Karbassi 5. CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL - PUBLIC SECURITY - Government Code Section 54957(a): Discuss security of City Hall. ID 23-9535.-A. Sponsors:Councilmember Esparza 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 23-9555.-B. Page 13 City of Fresno ***Subject to Mayoral Veto June 15, 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 22, 2023 10:00 A.M. -HEARING to adopt resolutions and ordinance to annex territory and levy a special tax regardingaCity of Fresno Community Facilities District No. 11,aAnnexation 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 andaLighting 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,aAnnexation 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 2023 CITY COUNCIL MEETING SCHEDULE 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. Page 14 City of Fresno ***Subject to Mayoral Veto June 15, 2023City Council Meeting Agenda - Final August 10, 2023 - 9:00 A.M. August 24, 2023 - 9:00 A.M. Page 15 City of Fresno ***Subject to Mayoral Veto City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-856 Agenda Date:6/15/2023 Agenda #: CEREMONIAL PRESENTATION Proclamation for “Lee Ann Eager Day” City of Fresno Printed on 6/20/2023Page 1 of 1 powered by Legistar™ 06/15/2023 PRESENTED CITY OF FRESNO Office of Council Vice President Annalisa Perea __________________________________________ JERRY P. DYER, Honorable Mayor __________________________________________ TYLER MAXWELL, Council President District 4 __________________________________________ GARRY BREDEFELD, Councilmember District 6 __________________________________________ NELSON ESPARZA, Councilmember District 7 __________________________________________ ANNALISA PEREA, Council Vice President __________________________________________ MIKE KARBASSI, Councilmember District 2 __________________________________________ MIGUEL ARIAS, Councilmember District 3 __________________________________________ LUIS CHAVEZ, Councilmember District 5 WHEREAS, Lee Ann Eager has been an active community member of the City of Fresno through her Presidency and CEO positions at the Fresno County Economic Development Corporation (EDC), acting as a legislative liaison for local, state and federal legislators as an EDC representative; and WHEREAS, Eager is four-time Governor-appointed, by California Governor Gavin Newsom to the California Transportation Commission, for which she serves as Chair, and the Governor’s Advisory Council on International Trade and Investment, the California Partnership for the San Joaquin Valley and the California Workforce Development Board, appointed by former Governor of California Jerry Brown; and WHEREAS, Eager emphasized the importance of community through her 12-year involvement as Executive Director of the Rape Counseling Services of Fresno and her position as Board Chair of the California Coalition Against Sexual Assault, in which she assisted then-Senator Joe Biden with drafting the first Violence Against Women Act; and WHEREAS, Eager has been a crucial leader in the High-Speed Rail project for 14 years, ensuring that Central California voices are heard by assisting impacted local businesses, allowing opportunities for local resident inclusion in the project; and WHEREAS, Lee Ann Eager has dedicated her career to serving the Central California, playing a vital role not only in the economic development of Fresno but additionally in areas of women’s social justice, the City of Fresno has benefitted greatly from her inspiring work. NOW, THEREFORE BE IT RESOLVED, Council Vice President Annalisa Perea, Mayor Jerry P. Dyer, and the Fresno City Council, do hereby congratulate Lee Ann on her decades of work to the EDC and wish her the best as she embarks on a new journey; BE IT FURTHER RESOLVED, that we, Council Vice President Annalisa Perea, Mayor Jerry P. Dyer, and the Fresno City Council do hereby proclaim Thursday, June 15th, 2023, to be: “Lee Ann Eager Day” in the City of Fresno IN WITNESS WHEREOF, we have hereunto set our hands and affixed the seal of the City of Fresno, California, on this 15thday of June 2023. City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-963 Agenda Date:6/15/2023 Agenda #: CEREMONIAL PRESENTATION Proclamation Honoring Senior Community Revitalization Specialist George Hobbs City of Fresno Printed on 6/20/2023Page 1 of 1 powered by Legistar™ 06/15/2023 PRESENTED CITY OF FRESNO Office of Councilmember Miguel Arias Is hereby presented to: George Hobbs Code Enforcement Officer WHEREAS, George Hobbs is a Senior Community Revitalization Specialist in the City Attorney’s Office, Division of Code Enforcement, assigned to the Illegal Dumping Team; and WHEREAS, on Monday, April 24, 2023, while conducting inspections for illegal dumping near the area of Santa Fe and Norwich Avenues in the City of Fresno, George observed black smoke billowing out of a concrete drainage enclosure near the railroad, and heard a male voice from within the enclosure yelling out for help; and WHEREAS, George wasted no time and immediately ran towards the smoke, which quickly evolved into burning flames. George observed a man inside the concrete enclosure and did everything he could, without success, to help rescue the gentleman from the fire; and WHEREAS, George’s heroic efforts to try and save a human life were an act of valor and showed a remarkable act of bravery, empathy and compassion. WHEREAS, George’s act of heroism represents the heart of Code Enforcement. NOW, THEREFORE BE IT RESOLVED, the City of Fresno Mayor and City Council, do hereby proclaim our appreciation and gratitude for the heroic efforts of George Hobbs. IN WITNESS WHEREOF, we have hereunto set our hands and affixed the Seal of the City of Fresno, California, this 15th day of June, 2023. JERRY DYER, Honorable Mayor TYLER MAXWELL, Council President, District 4 ANNALISA PEREA, Council Vice President, District 1 LUIS CHAVEZ, Councilmember, District 5 MIKE KARBASSI, Councilmember, District 2 MIGUEL A. ARIAS, Councilmember, District 3 NELSON ESPARZA, Councilmember, District 7 GARRY BREDEFELD, Councilmember, District 6 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-941 Agenda Date:6/15/2023 Agenda #: 1.-A. REPORT TO THE CITY COUNCIL FROM:TODD STERMER, City Clerk Office of the City Clerk SUBJECT Approval of the minutes for June 5, 2023, Budget Hearings, June 5, 2023, Special Meeting, June 6, 2023, Budget Hearings, June 7, 2023, Budget Hearings, and June 8, 2023, Regular Meeting. RECOMMENDATION Attachment: Draft minutes for June 5, 2023, Budget Hearings Draft minutes for June 5, 2023, Special Meeting Draft minutes for June 6, 2023, Budget Hearings Draft minutes for June 7, 2023, Budget Hearings Draft minutes for June 8, 2023, Regular Meeting City of Fresno Printed on 6/20/2023Page 1 of 1 powered by Legistar™ 06/15/2023 NE/MA 7-0 THE MINUTES OF JUNE 8 HAVE BEEN REMOVED AND WILL RETURN ON JUNE 22, 2023 AGENDA. APPROVED ON CONSENT City Council Meeting Minutes -Draft June 7, 2023 Councilmember Chavez motioned to make Tulare, Belmont, Sunnyside, and Fowler priority for paving. Councilmember Esparza seconded the motion. Councilmember Chavez motioned to include California, Butler, Hazelwood, and Orange in the rebuild Fresno 2.0 initiative. Councilmember Esparza seconded the motion. Councilmember Bredefeld motioned to fund $3 million in infrastructure projects in District 6. ($2. 1 million for repaving of Herndon-Cedar/Sierra Millbrook, $425,000 repaving First Street between Herndon and Sierra, $150,000 repaving Sierra between Fresno and Fwy 41, $150,000 repaving Thesta between Escalon and Bullard, 17 sidewalk, curb and gutter projects $169,500). Councilmember Karbassi seconded the motion. Councilmember Esparza motioned to fund the construction of roundabout on Wishon and Fountain for $260,000. Councilmember Chavez seconded the motion. Councilmember Esparza motioned to fund the installation of street lighting at the intersection of Willow Ave. and Tulare Ave. Councilmember Chavez seconded the motion. Councilmember Esparza motioned to fund the installation of an in-pavement lighted crosswalk at all intersections of Rowell Elementary School. Councilmember Chavez seconded the motion. Councilmember Esparza motioned to fund the paving of streets at Tulare/5th, Tulare/6th, Tulare/7th. Councilmember Chavez seconded the motion. Councilmember Esparza motioned to fund the paving of the Home-First-Pine-Millbrook neighborhood. Councilmember Chavez seconded the motion. Councilmember Esparza motioned to fund the paving of the Chestnut-Tulare-McKenzie-Winery neighborhood. Councilmember Chavez City of Fresno ***Subject to Mayoral Veto Page4 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-874 Agenda Date:6/15/2023 Agenda #: 1.-B. REPORT TO THE CITY COUNCIL FROM:HENRY THOMPSON, Director of Aviation Airports Department BY:MARY BOYAJIAN, Airports Business Manager Airports Department SUBJECT Approve a consultant services agreement with Unison Consulting, Inc., to provide professional financial services for the completion of a Passenger Facility Charges Application to supplement debt service for portions of the Fresno Yosemite International Terminal Expansion Project. Not to exceed $184,200. (Council District 4) RECOMMENDATION Staff recommends approval of a consultant services agreement with Unison Consulting, Inc., (Unison) not to exceed the amount of $184,200 for professional services to assist the Airport in preparing and submitting Passenger Facility Charge (PFC) Application #6 (PFC#6) and future PFC Applications or Amendments as needed to the Federal Aviation Administration (FAA) to fund debt service for portions of the Fresno Yosemite International Airport (FAT) Terminal Expansion Project and to authorize the City Manager, or designee, to execute the agreement on behalf of the City. EXECUTIVE SUMMARY Under the proposed agreement, Unison will assist the Airport in preparing and submitting to the FAA PFC Application #6 (PFC #6) and future PFC Applications or Amendments as needed. PFC #6 will amend the existing authorization to use PFCs to pay debt service related to the construction of specific elements of the FAT Terminal Expansion.Those elements include the checked baggage inspection system (CBIS), passenger security screening checkpoint and Federal Inspection Station (FIS). BACKGROUND The Airport issued an RFQ in 2018 for Financial Planning Services through 2023. One of the financial services to be provided is assistance with preparation and submission of PFC applications to the FAA on behalf of the Department. Unison Consulting, Inc. demonstrated significant airport industry experience, is familiar with FAT operations and has aided the Airport with previous PFC applications. Unison Consulting, Inc. was found to be most qualified to provide the requested services. City of Fresno Printed on 6/20/2023Page 1 of 2 powered by Legistar™ 06/15/2023 NE/MA 7-0 APPROVED ON CONSENT File #:ID 23-874 Agenda Date:6/15/2023 Agenda #: 1.-B. The agreement utilizes Standard Document #FYI-S Non-Fed CSA,Total Fee (11-2022),which is pre-approved as to form by the City Attorney's Office and used without modification as certified by Airports staff. ENVIRONMENTAL FINDINGS This is not a "project" for the purpose of CEQA pursuant to CEQA Guidelines Section 15378. LOCAL PREFERENCE Local preference is not applicable to this Project pursuant to Fresno Municipal Code 4-109(b). FISCAL IMPACT FAT is one of the largest economic drivers in the Central San Joaquin Valley generating $928 million in annual economic activity and creating 10,769 direct,induced,and indirect jobs (2019 data).There is no impact to the General Fund or to the ratepayers of the City of Fresno from this action. Attachment: -Unison Consultant Services Agreement City of Fresno Printed on 6/20/2023Page 2 of 2 powered by Legistar™ FYI-S Non-Fed CSA, Total Fee (11-2022) -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 UNISON CONSULTING, INC., (hereinafter referred to as (Consultant). RECITALS WHEREAS, the City desires to obtain professional financial services for the completion and submission of Passenger Facility Charges Application no. 6 (PFC #6) hereinafter referred to as the (Project); also future PFC applications and amendmentsas needed; and WHEREAS, the Consultant is engaged in the business of furnishing services as a financial consultancy in the airport industry, and hereby represents that it desires to and is professionally and legally capable of performing the services called for by this Agreement; and WHEREAS, the Consultant acknowledges that this Agreement is subject to the requirements of Fresno Municipal Code Section 4-107 and Administrative Order No. 6-19; and WHEREAS, this Agreement will be administered for the City by its Director of Aviation (Director) or designee. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and of the covenants, conditions, and promises hereinafter contained to be kept and performed by the respective parties it is mutually agreed as follows: 1. Scope of Services. The Consultant shall perform to the satisfaction of the City the services described in Exhibit A, including all work incidental to, or necessary to perform, such services even though not specifically described in Exhibit A. 2.Term of Agreement and Time for Performance. This Agreement shall be effective from the date first set forth above (Effective Date) and shall continue in full force and effect through December 1, 2025, 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 be a total fee of $184,200. Such fee includes all expenses incurred by the Consultant in performance of the services. DocuSign Envelope ID: 610B66EE-C2DE-4215-AEFD-7FAF666C92B6 June 8, 2023 FYI-S Non-Fed CSA, Total Fee (11-2022) -2- (b)Detailed statements shall be rendered monthly and will be payable in the normal course of City business. (c)The parties may modify this Agreement to increase or decrease the scope of services or provide for the rendition of services not required by this Agreement, which modification shall include an adjustment to 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 DocuSign Envelope ID: 610B66EE-C2DE-4215-AEFD-7FAF666C92B6 FYI-S Non-Fed CSA, Total Fee (11-2022) -3- convenience. (e)The Consultant shall provide the City with adequate written assurances of future performance, upon Director’s request, in the event the Consultant fails to comply with any terms or conditions of this Agreement. (f)The Consultant shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Consultant and without its fault or negligence such as, acts of God or the public enemy, acts of the City in its contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Consultant shall notify Director in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, and shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to Director of the cessation of such occurrence. 5.Confidential Information, Ownership of Documents and Copyright License. (a)Any reports, information, or other data prepared or assembled by the Consultant pursuant to this Agreement shall not be made available to any individual or organization by the Consultant without the prior written approval of the City. During the term of this Agreement, and thereafter, the Consultant shall not, without the prior written consent of the City, disclose to anyone any Confidential Information. The term “Confidential Information” for the purposes of this Agreement shall include all proprietary and confidential information of the City, including but not limited to business plans, marketing plans, financial information, designs, drawings, specifications, materials, compilations, documents, instruments, models, source or object codes and other information disclosed or submitted, orally, in writing, or by any other medium or media. All Confidential Information shall be and remain confidential and proprietary in the City. (b)Any and all original sketches, pencil tracings of working drawings, plans, computations, specifications, computer disk files, writings and other documents prepared or provided by the Consultant pursuant to this Agreement are the property of the City at the time of preparation and shall be turned over to the City upon expiration or termination of the Agreement or default by the Consultant. The Consultant grants the City a copyright license to use such drawings and writings. The Consultant shall not permit the reproduction or use thereof by any other person except as otherwise expressly provided herein. The City may modify the design including any drawings or writings. Any use by the City of the aforesaid sketches, 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. DocuSign Envelope ID: 610B66EE-C2DE-4215-AEFD-7FAF666C92B6 FYI-S Non-Fed CSA, Total Fee (11-2022) -4- (c)If the Consultant should subcontract all or any portion of the services to be performed under this Agreement, the Consultant shall cause each subcontractor to also comply with the requirements of this Section 5. (d)This Section 5 shall survive expiration or termination of this Agreement. 6.Professional Skill. It is further mutually understood and agreed by and between the parties hereto that inasmuch as the Consultant represents to the City that the Consultant and its subcontractors, if any, are skilled in the profession and shall perform in accordance with the standards of said profession necessary to perform the services agreed to be done by it under this Agreement, the City relies upon the skill of the Consultant and any subcontractors to do and perform such services in a skillful manner and the Consultant agrees to thus perform the services and require the same of any subcontractors. Therefore, any acceptance of such services by the City shall not operate as a release of the Consultant or any subcontractors from said professional standards. 7. Indemnification. To the furthest extent allowed by law, the Consultant shall indemnify, hold harmless and defend the City and each of its officers, officials, employees, agents, and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage), and from any and all claims, demands and actions in law or equity (including reasonable attorney's fees and litigation expenses) that arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of the Consultant, its principals, officers, employees, agents, or volunteers in the performance of this Agreement. If the Consultant should subcontract all or any portion of the services to be performed under this Agreement, the Consultant shall require each subcontractor to indemnify, hold harmless and defend the City and each of its officers, officials, employees, agents, and volunteers in accordance with the terms of the preceding paragraph. This section shall survive termination or expiration of this Agreement. 8. Insurance. (a)Throughout the life of this Agreement, the Consultant shall pay for and maintain in full force and effect all insurance as required in Exhibit B, which is incorporated into and part of this Agreement, with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated no less than “A-VII” in the Best’s Insurance Rating Guide, or (ii) as may be authorized in writing by the City’s Risk Manager or designee at any time and in its sole discretion. The required policies of insurance as stated in Exhibit B shall maintain limits of liability of not less than those amounts stated therein. However, the insurance limits available to the City, its officers, officials, employees, agents, and volunteers as additional insureds, shall be the greater of the minimum limits specified therein or the full limit of any insurance proceeds DocuSign Envelope ID: 610B66EE-C2DE-4215-AEFD-7FAF666C92B6 FYI-S Non-Fed CSA, Total Fee (11-2022) -5- to the named insured. (b)If at any time during the life of the Agreement or any extension, the Consultant or any of its subcontractors/sub-consultants fail to maintain any required insurance in full force and effect, all services and work under this Agreement shall be discontinued immediately, and all payments due or that become due to the Consultant shall be withheld until notice is received by the City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to the City. Any failure to maintain the required insurance shall be sufficient cause for the City to terminate this Agreement. No action taken by the City pursuant to this section shall in any way relieve the Consultant of its responsibilities under this Agreement. The phrase “fail to maintain any required insurance” shall include, without limitation, notification received by the City that an insurer has commenced proceedings, or has had proceedings commenced against it, indicating that the insurer is insolvent. (c)The fact that insurance is obtained by the Consultant shall not be deemed to release or diminish the liability of the Consultant, including, without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify the City shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of the Consultant, its principals, officers, agents, employees, persons under the supervision of the Consultant, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them. (d)If the Consultant should subcontract all or any portion of the services to be performed under this Agreement, the Consultant shall require each subcontractor/sub-consultant to provide insurance protection, as an additional insured, to the City and each of its officers, officials, employees, agents, and volunteers in accordance with the terms of this section, except that any required certificates and applicable endorsements shall be on file with the Consultant and the City prior to the commencement of any services by the subcontractor. The Consultant and any subcontractor/sub- consultant shall establish additional insured status for the City, its officers, officials, employees, agents, and volunteers by using Insurance Service Office (ISO) Form CG 20 10 11 85 or both CG 20 10 10 01 and CG 20 37 10 01 or by an executed manuscript company endorsement providing additional insured status as broad as that contained in ISO Form CG 20 10 11 85. 9.Conflict of Interest and Non-Solicitation. (a)Prior to the City’s execution of this Agreement, the Consultant shall complete a City of Fresno conflict of interest disclosure statement in the form as set forth in Exhibit C. During the term of this Agreement, the DocuSign Envelope ID: 610B66EE-C2DE-4215-AEFD-7FAF666C92B6 FYI-S Non-Fed CSA, Total Fee (11-2022) -6- Consultant shall have the obligation and duty to immediately notify the City in writing of any change to the information provided by the Consultant in such statement. (b)The Consultant shall comply, and require its subcontractors to comply, with all applicable (i) professional canons and requirements governing avoidance of impermissible client conflicts; and (ii) federal, state and local conflict of interest laws and regulations including, without limitation, California Government Code Section 1090 et. seq., the California Political Reform Act (California Government Code Section 87100 et. seq.), the regulations of the Fair Political Practices Commission concerning disclosure and disqualification (2 California Code of Regulations Section 18700 et. seq.) and Section 4-112 of the Fresno Municipal Code (Ineligibility to Compete). At any time, upon written request of the City, the Consultant shall provide a written opinion of its legal counsel and that of any subcontractor that, after a due diligent inquiry, the Consultant and the respective subcontractor(s) are in full compliance with all laws and regulations. The Consultant shall take, and require its subcontractors to take, reasonable steps to avoid any appearance of a conflict of interest. Upon discovery of any facts giving rise to the appearance of a conflict of interest, the Consultant shall immediately notify the City of these facts in writing. (c)In performing the work or services to be provided hereunder, the Consultant shall not employ or retain the services of any person while such person either is employed by the City or is a member of any City council, commission, board, committee, or similar City body. This requirement may be waived in writing by the City Manager, if no actual or potential conflict is involved. (d)The Consultant represents and warrants that it has not paid or agreed to pay any compensation, contingent or otherwise, direct or indirect, to solicit or procure this Agreement or any rights/benefits hereunder. (e)Neither the Consultant, nor any of the Consultant’s subcontractors performing any services on this Project, shall bid for, assist anyone in the preparation of a bid for, or perform any services pursuant to, any other contract in connection with this Project. The Consultant’s 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. DocuSign Envelope ID: 610B66EE-C2DE-4215-AEFD-7FAF666C92B6 FYI-S Non-Fed CSA, Total Fee (11-2022) -7- 10.Recycling Program. In the event the Consultant maintains an office or operates a facility(ies), or is required herein to maintain or operate same, within the incorporated limits of the City of Fresno, the Consultant at its sole cost and expense shall: (a)Immediately establish and maintain a viable and ongoing recycling program, approved by the City’s Solid Waste Management Division, for each office and facility. Literature describing the City recycling programs is available from the City’s Solid Waste Management Division and by calling City of Fresno Recycling Hotline at (559) 621-1111. (b)Immediately contact the City’s Solid Waste Management Division at (559)621-1452 and schedule a free waste audit, and cooperate with such Division in their conduct of the audit for each office and facility. (c)Cooperate with and demonstrate to the satisfaction of the City’s Solid Waste Management Division the establishment of the recycling program in paragraph (a) above and the ongoing maintenance thereof. 11.General Terms and Federal Assurances. (a)Except as otherwise provided by law, all notices expressly required of the City within the body of this Agreement, and not otherwise specifically provided for, shall be effective only if signed by the Director or designee. (b)Records of the Consultant’s expenses pertaining to the Project shall be kept on a generally recognized accounting basis and shall be available to the City or its authorized representatives upon request during regular business hours throughout the life of this Agreement and for a period of three years after final payment or, if longer, for any period required by law. In addition, all books, documents, papers, and records of the Consultant pertaining to the Project shall be available for the purpose of making audits, examinations, excerpts, and transcriptions for the same period of time. If any litigation, claim, negotiations, audit or other action is commenced before the expiration of said time period, all records shall be retained and made available to the City until such action is resolved, or until the end of said time period whichever shall later occur. If the Consultant should subcontract all or any portion of the services to be performed under this Agreement, the Consultant shall cause each subcontractor to also comply with the requirements of this paragraph. This Section 11(b) shall survive expiration or termination of this Agreement. (c)Prior to execution of this Agreement by the City, the Consultant shall have provided evidence to the City that the Consultant is licensed to perform the services called for by this Agreement (or that no license is required). If the Consultant should subcontract all or any portion of the work or services to be performed under this Agreement, the Consultant shall require each 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. DocuSign Envelope ID: 610B66EE-C2DE-4215-AEFD-7FAF666C92B6 FYI-S Non-Fed CSA, Total Fee (11-2022) -8- (d)The City will carry out applicable federal requirements in the administration of this Agreement. Notwithstanding Section 25 herein, the Consultant agrees to comply with all applicable federal assurances in Exhibit D and require that each subcontract include the same assurances by each of its subcontractors. 12.Nondiscrimination. To the extent required by controlling federal, state and local law, the Consultant shall not employ discriminatory practices in the provision of services, employment of personnel, or in any other respect on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Subject to the foregoing and during the performance of this Agreement, the Consultant agrees as follows: (a)The Consultant will comply with all applicable laws and regulations providing that no person shall, on the grounds of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity made possible by or resulting from this Agreement. (b)The Consultant will not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. The Consultant shall ensure that applicants are employed, and the employees are treated during employment, without regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Such requirement shall apply to the Consultant’s employment practices including, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provision of this nondiscrimination clause. (c)The Consultant will, in all solicitations or advertisements for employees placed by or on behalf of the Consultant in pursuit hereof, state that all qualified applicants will receive consideration for employment without regard to race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. DocuSign Envelope ID: 610B66EE-C2DE-4215-AEFD-7FAF666C92B6 FYI-S Non-Fed CSA, Total Fee (11-2022) -9- (d)The Consultant will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice advising such labor union or workers' representatives of the Consultant’s commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (e)If the Consultant should subcontract all or any portion of the services to be performed under this Agreement, the Consultant shall cause each subcontractor to also comply with the requirements of this Section 12. 13.Independent Contractor. (a)In the furnishing of the services provided for herein, the Consultant is acting solely as an independent contractor. Neither the Consultant, nor any of its officers, agents, or employees shall be deemed an officer, agent, employee, joint venturer, partner, or associate of the City for any purpose. The City shall have no right to control or supervise or direct the manner or method by which the Consultant shall perform its work and functions. However, the City shall retain the right to administer this Agreement so as to verify that the Consultant is performing its obligations in accordance with the terms and conditions thereof. (b)This Agreement does not evidence a partnership or joint venture between the Consultant and the City. The Consultant shall have no authority to bind the City absent the City’s express written consent. Except to the extent otherwise provided in this Agreement, The Consultant shall bear its own costs and expenses in pursuit thereof. (c)Because of its status as an independent contractor, the Consultant and its officers, agents, and employees shall have absolutely no right to employment rights and benefits available to City employees. The Consultant shall be solely liable and responsible for all payroll and tax withholding and for providing to, or on behalf of, its employees all employee benefits including, without limitation, health, welfare and retirement benefits. In addition, together with its other obligations under this Agreement, the Consultant shall be solely responsible, indemnify, defend and save the City harmless from all matters relating to employment and tax withholding for and payment of the Consultant's employees, including, without limitation, (i) compliance with Social Security and unemployment insurance withholding, payment of workers’ compensation benefits, and all other laws and regulations governing matters of employee withholding, taxes and payment; and (ii) any claim of right or interest in City employment benefits, entitlements, programs and/or funds offered employees of the City whether arising by reason of any common law, de facto, leased, or co-employee rights or other theory. It is acknowledged that during the term of this Agreement, the Consultant may be providing services to others unrelated to the City or to this Agreement. 14.Notices. Any notice required or intended to be given to either party under the terms DocuSign Envelope ID: 610B66EE-C2DE-4215-AEFD-7FAF666C92B6 FYI-S Non-Fed CSA, Total Fee (11-2022) -10- of this Agreement shall be in writing and shall be deemed to be duly given if delivered personally, transmitted by facsimile followed by telephone confirmation of receipt, or sent by United States registered or certified mail, with postage prepaid, return receipt requested, addressed to the party to which notice is to be given at the party's address set forth on the signature page of this Agreement or at such other address as the parties may from time to time designate by written notice. Notices served by United States mail in the manner above described shall be deemed sufficiently served or given at the time of the mailing thereof. 15.Binding. Subject to Section 16, below, once this Agreement is signed by all parties, it shall be binding upon, and shall inure to the benefit of, all parties, and each parties' respective heirs, successors, assigns, transferees, agents, servants, employees, and representatives. 16.Assignment. (a)This Agreement is personal to the Consultant and there shall be no assignment by the Consultant of its rights or obligations under this Agreement without the prior written approval of the City Manager or designee. Any attempted assignment by the Consultant, its successors or assigns, shall be null and void unless approved in writing by the City Manager or designee. (b)The Consultant hereby agrees not to assign the payment of any monies due the Consultant from the City under the terms of this Agreement to any other individual(s), corporation(s) or entity(ies). The City retains the right to pay any and all monies due the Consultant directly to the Consultant. 17.Compliance With Law. In providing the services required under this Agreement, the Consultant shall at all times comply with all applicable laws of the United States, including, but not limited to, the Americans with Disabilities Act (42 U.S.C. §§ 12101 et seq.), the State of California and the City, and with all applicable regulations promulgated by federal, state, regional, or local administrative and regulatory agencies, now in force and as they may be enacted, issued, or amended during the term of this Agreement. 18.Waiver. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. No provisions of this Agreement may be waived unless in writing and signed by all parties to this Agreement. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein. 19.Governing Law and Venue. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California, excluding, however, any conflict of laws rule which would apply the law of another jurisdiction. Venue for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any rights and duties hereunder shall be Fresno County, California. 20.Headings. The section headings in this Agreement are for convenience and DocuSign Envelope ID: 610B66EE-C2DE-4215-AEFD-7FAF666C92B6 FYI-S Non-Fed CSA, Total Fee (11-2022) -11- reference only and shall not be construed or held in any way to explain, modify or add to the interpretation or meaning of the provisions of this Agreement. 21.Severability. The provisions of this Agreement are severable. The invalidity, or unenforceability of any one provision in this Agreement shall not affect the other provisions. 22.Interpretation. The parties acknowledge that this Agreement in its final form is the result of the combined efforts of the parties and that, should any provision of this Agreement be found to be ambiguous in any way, such ambiguity shall not be resolved by construing this Agreement in favor of or against either party, but rather by construing the terms in accordance with their generally accepted meaning. 23.Attorney's Fees. If either party is required to commence any proceeding or legal action to enforce or interpret any term, covenant or condition of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorney's fees and legal expenses. 24.Exhibits. Each exhibit and attachment referenced in this Agreement is, by the reference, incorporated into and made a part of this Agreement. 25.Precedence of Documents. In the event of any conflict between the body of this Agreement and any exhibit or attachment hereto, the terms and conditions of the body of this Agreement shall control and take precedence over the terms and conditions expressed within the exhibit or attachment. Furthermore, any terms or conditions contained within any exhibit or attachment hereto which purport to modify the allocation of risk between the parties, provided for within the body of this Agreement, shall be null and void. 26.Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity. 27.No Third Party Beneficiaries. The rights, interests, duties and obligations defined within this Agreement are intended for the specific parties hereto as identified in the preamble of this Agreement. Notwithstanding anything stated to the contrary in this Agreement, it is not intended that any rights or interests in this Agreement benefit or flow to the interest of any third parties. 28.Extent of Agreement. Each party acknowledges that they have read and fully understand the contents of this Agreement. This Agreement represents the entire and integrated agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be modified only by written instrument duly authorized and executed by both the City and the Consultant. 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: 610B66EE-C2DE-4215-AEFD-7FAF666C92B6 FYI-S Non-Fed CSA, Total Fee (11-2022) -12- IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno, California, on the day and year first above written. CITY OF FRESNO, a California municipal corporation By: _____________________________ Henry Thompson, A.A.E., C.A.E., IAP Director of Aviation Airports Department No signature of City Attorney required. Standard Document #FYI-S Non-Fed CSA, Total Fee (11-2022) has been used without modification, as certified by the undersigned. By: Mary Boyajian Business Manager ATTEST: TODD STERMER, CMC City Clerk By: Deputy Date Unison Consulting, Inc., By: Name: Title: (If corporation or LLC., Board Chair, Pres. or Vice Pres.) By: Name: Title: (If corporation or LLC., CFO, Treasurer, Secretary or Assistant Secretary) Addresses: CITY: City of Fresno Attention: Henry L. Thompson, Director of Aviation Airports Department 4995 E. Clinton Way Fresno, CA 93727 Phone: (559) 621-4600 E-mail: Henry.Thompson@fresno.gov Any Applicable Professional License: Number: Name: Date of Issuance: CONSULTANT: UNISON CONSULTING Attention: Anthony Q. Drake, Executive Vice President 150 North Michigan Ave. Suite 2930 Chicago, Illinois 60601 Phone: (312) 988-3360 E-mail: anthonydrake@unison-ucg.com Attachments: 1.Exhibit A - Scope of Services 2.Exhibit B - Insurance Requirements 3.Exhibit C - Conflict of Interest Disclosure Form 4.Exhibit D - Assurances Anthony Q. Drake Executive Vice President Gregory V. Chappell Chief Financial Officer DocuSign Envelope ID: 610B66EE-C2DE-4215-AEFD-7FAF666C92B6 N/A N/A N/A April 4, 2023 1 Unison Consulting, Inc. EXHIBIT A SCOPE OF SERVICES Consultant Service Agreement between City of Fresno (City) and Unison Consulting, Inc. (Consultant) Introduction At the request of Fresno Yosemite International Airport (FAT or Airport), Unison Consulting, Inc. (Unison) is submitting this proposed work scope and budget to assist the Airport on two passenger facility charge (PFC) projects as follows: I. Prepare and submit to the Federal Aviation Administration (FAA) PFC Application #6 (PFC #6), to consist of two projects, as follows: a. Terminal Expansion/Renovation (Construction), consisting of the construction of three components of the Terminal Expansion Renovation that were removed from PFC #5 to enable expedited processing, plus a pro rata share of certain general construction costs. The three components are the checked baggage inspection system (CBIS); passenger security screening checkpoint and Federal Inspection Station (FIS). b. Design costs associated with the components included in the item a. II. Prepare and submit Future PFC amendment(s) and/or new applications, as needed. Specific assignments under this project would be specified by task orders. Project I: PFC Application 6 Unison’s proposed work scope for PFC #6 includes the tasks described below. 1. Initial Consultation with Client and Data Collection This task includes an initial consultation with the client regarding the proposed PFC #6 projects and identification and collection of data required to prepare the application. This task includes the following subtasks: a. Initial consultation with client and information request | Unison will meet virtually with FAT staff to discuss the PFC #6 projects and information needed to complete the application. Following the initial consultation, Unison will prepare a comprehensive information request list. b. Review of information provided by client and supplemental information request | Unison will review the information provided by the client and, if necessary, prepare a request for any additional information needed to complete PFC #6. 2. Prepare Draft Application and Consultation Materials for Submission to FAA Current FAA policy is to review drafts of the major elements of a PFC application and all consultation materials before a public agency issues its consultation meeting notice and DocuSign Envelope ID: 610B66EE-C2DE-4215-AEFD-7FAF666C92B6 April 4, 2023 2 Unison Consulting, Inc. public notice. This task involves the work necessary to prepare draft materials for FAA’s review. Specifically, Unison will complete the following: a. Prepare Initial Draft Materials for Airport Staff Review | Unison will prepare draft PFC application and consultation documents as set forth below. Some of the application documents are also provided in a different format as part of the airline consultation process. These are noted in parentheses. Airline Consultation Letter FAA Application Transmittal Letter Form 5500-1 Attachment A, CIP and PFC Financial Plan (also required for airline consultation) Attachment B, Project Information Attachment C, Airline Consultation and Public Comment Information, including draft Public Notice Attachment D, Excluded Carriers Request (also required for airline consultation) Attachment G, NEPA, Airspace and ALP Approval Information Attachment I, Supplemental Information Consultation Book, Section II, Project Information b. Revise Draft Materials and Submit to Airport Staff for Final Review | Unison will revise the draft materials to address Airport staff comments and submit updated drafts to Airport staff for approval. c. Prepare Draft Materials for Submission to the FAA | Following Airport staff review in subtask b. above, Unison will prepare a package of draft documents for submission to the FAA, by either the Airport or by Unison on behalf of the Airport, as directed by Airport staff. d. Participate in FAA Meetings/Telcons | As requested by Airport staff, Unison will participate in web-based meetings or telcons with FAA regarding the initial drafts and subsequent drafts submitted to the FAA. The budget does not include travel expenses for in-person participation by Unison. If in-person participation is required, additional scope and budget will be required. e. Revise Draft Materials in Response to FAA Comments | Following review of draft materials by the FAA, Unison will revise the draft materials to address FAA comments and submit to Airport staff for review. f. Revise Draft Materials in Response to Airport Staff Comments and Prepare Updated Draft Documents for submission to FAA | Based on the experience with PFC #5, Unison anticipates that FAA will request to review updated drafts with revisions responding to their initial comments, before the airline consultation. Unison will revise the drafts prepared in subtask d in response to Airport comments received in this subtask and resubmit to the Airport for review and final approval of submission of the revisions to the FAA. Any further revisions requested by the Airport during this step will be completed and a final set of updated drafts prepared for submission to the FAA. DocuSign Envelope ID: 610B66EE-C2DE-4215-AEFD-7FAF666C92B6 April 4, 2023 3 Unison Consulting, Inc. g. Revise Updated Draft Materials in Response to FAA Comments | Unison will revise the updated draft materials in response to FAA comments; submit to Airport staff for review; and make final revisions based on Airport staff comments. The budget assumes that only two rounds of FAA draft review will be necessary before the Airport can start the airline consultation/public notice process in Task 3. If additional rounds of FAA drafts are necessary, additional scope and budget will be requested. 3. Assist Airport Staff in Completing Airline Consultation and Public Notice Processes This task will consist of preparing and distributing the airline consultation meeting notice and airline consultation package as well as preparing the final public notice for posting on the Airport’s website. Specifically, Unison will complete the following: a. Prepare and Distribute Airline Consultation Notice | Unison will prepare the final consultation meeting notice for signature on Airport letterhead, and distribute via Federal Express, or another express delivery service. b. Prepare Final Public Notice for Posting on Airport Website | Unison will prepare the final Public Notice and deliver to Airport staff for posting on the Airport’s web-site. c. Prepare and Deliver Airline Consultation Meeting Book | Unison will prepare the final draft airline consultation meeting book for Airport staff review; revise the draft to reflect Airport staff comments; and, following Airport staff approval distribute copies to the Airport’s signatory airlines and provide additional copies for distribution at the airline consultation meeting. d. Participate in Airline Consultation Meeting | Two members of the Unison project team will participate in the Airline Consultation Meeting. The budget assumes that one team member will participate in person and one member will participate by electronic means. 4. Assist Airport Staff in Completing PFC Application Process Unison will assist Airport staff in preparing and submitting the formal PFC application to the FAA, and preparing required notifications of FAA’s decision. The FAA often requests submission of updated drafts before formal submission of the application, and the budget and work scope incorporates this second FAA draft review by the FAA. Specifically, Unison will complete the following: a. Revise Draft Application Documents to Reflect Results of Airline Consultation/Public Notice Processes | Unison will revise the draft application documents to reflect the results of the airline consultation and public notices processes and submit for Airport staff review. b. Revise Draft Application Documents and Submit for Final Airport Staff Approval | Unison will revise the draft application documents to address Airport staff comments in subtask a and submit updated drafts to Airport staff for final approval. c. Prepare Final Draft Application for Submission to the FAA | Following Airport staff review in subtask b, Unison will prepare a draft application package for submission to the FAA, by either the Airport or by Unison on behalf of the Airport, as directed by Airport staff. DocuSign Envelope ID: 610B66EE-C2DE-4215-AEFD-7FAF666C92B6 April 4, 2023 4 Unison Consulting, Inc. d. Revise Draft Application in Response to FAA Comments | Following review of draft application by the FAA, Unison will revise the draft materials to address FAA comments and submit to Airport staff for review. e. Revise Draft Application in Response to Airport Staff Comments and Prepare Final Application | Unison will revise the draft application in response to Airport staff comments in subtask d; resubmit to Airport staff for final approval; make any further revisions requested by Airport staff; and prepare the formal application for submittal to the FAA by either by the Airport or by Unison on behalf of the Airport, as directed by Airport staff. f. Participate in FAA meetings/telcons, as needed to support the PFC Application | Unison will participate in any web-based meetings or telcons with FAA following formal submittal, as needed to support the PFC application. The budget does not include travel expenses for in-person participation by Unison. If in-person participation is required, additional scope and budget will be required. g. Prepare Airline Notice of FAA Approval | Following issuance of FAA’s decision, Unison will prepare for Airport staff review a draft of the required airline notification of FAA’s decision; revise the draft in response to Airport staff comments; and submit a final notification letter for execution Airport staff and distribution by either the Airport or by Unison on behalf of the Airport, as directed by Airport staff. 5. Supplemental Work as Approved by Airport As directed by Airport staff, Unison will perform any additional tasks necessary for successful completion of the PFC application, such as additional financial analysis, or data collection. Project II: Prepare and Submit Future PFC Applications or Amendments, as Needed This project involves assisting the Airport in developing and submitting future PFC applications and/or PFC amendment applications. Assistance will be provided under specific task orders issued by the Airport. Unison’s proposed work scope for this project includes the tasks described below. 1. Initial Consultation and Data Collection This task includes an initial consultation with the client regarding proposed projects to be included in new PFC applications and for amendments, projects to be amended. For amendments, consultation with FAA may be required to identify projects eligible for amendment and appropriate amendment procedures. The task also includes identification and collection of data required to prepare the amendment. This task includes the following subtasks: a. Initial consultation with client | For new applications, this task includes an initial consultation with the client regarding the proposed projects for the new application and identification and collection of data required to prepare the application. b. Initial consultation with the FAA | For amendment applications, if necessary, Unison will participate in a telephone or internet application meeting with FAA to discuss projects to be amended and the applicable amendment procedures to be followed, specifically the need for airline consultation. DocuSign Envelope ID: 610B66EE-C2DE-4215-AEFD-7FAF666C92B6 April 4, 2023 5 Unison Consulting, Inc. Following the initial consultation(s)s, Unison will prepare a comprehensive information request list. For new applications, data and information requirements will include project descriptions, justifications, costs and funding plans; financial and traffic data and FAT’s current Capital Improvement Program (CIP). For amendment applications, we anticipate that that the needed information will consist of updated financial and traffic information, including any updates to the Airport’s CIP and updated project cost and funding information. c. Review of information provided by client and supplemental information request | Unison will review the information provided by the client and, if necessary, prepare a request for any additional information needed to the amendment application. 2. Prepare Draft Application and Consultation Materials for Submission to FAA Current FAA policy is to review drafts of the major elements of a PFC application and all consultation materials before a public agency issues its consultation meeting notice and public notice. This task involves the work necessary to prepare draft materials for FAA’s review. The subtasks and draft materials to be prepared in this task for a new application are essentially the same as Task 2 for the preparation of PFC #6 above. For amendment applications, if airline consultation is required, the subtasks and draft materials are also essentially the same as Task 2 for the preparation of PFC #6 above. If airline consultation is not required, the list of documents will be modified accordingly. 3. Assist Airport Staff in Completing Airline Consultation and Public Notice Processes This task will consist of preparing and distributing the airline consultation meeting notice and airline consultation package as well as preparing the final public notice for posting on the Airport’s web-site. The subtasks in this task are essentially the same as Task 3 for the preparation of PFC #6 above for new applications and amendment applications requiring airline consultation. If the task order involves an amendment application that does not require airline consultation, this task will be omitted. 4. Assist Airport Staff in Completing PFC Application Process Unison will assist Airport staff in preparing and submitting the formal PFC applications or amendment applications to the FAA, and preparing required notifications of FAA’s decision. The FAA often requests submission of updated drafts before formal submission of the application, and the budget and work scope incorporates this second FAA draft review by the FAA. The subtasks in this task are essentially the same as Task 4 for the preparation of PFC #6 above. If the FAA determines that updated drafts are not required, or that consultation is not required (in the case of amendment applications) , subtasks will be modified or omitted as appropriate. Proposed Budget Unison proposes to conduct this engagement on a time and materials basis with a total not-to- exceed price of $184,200 for the two PFC projects as set forth in the proposed budget below and based on the detailed services described above. DocuSign Envelope ID: 610B66EE-C2DE-4215-AEFD-7FAF666C92B6 April 4, 2023 6 Unison Consulting, Inc. FRESNO YOSEMITE INTERNATIONAL AIRPORT PROPOSED BUDGET FOR PFC CONSULTING SERVICES Task Officer‐in ‐ Charge Project Manager Senior Consultant Support Hours Cost $290 $245 $225 $100 Per Hour Per Hour Per Hour Per Hour I.PFC #6 PREPARATION I.1 Initial Client Consultation and Data Collection 4 10 7 0 21 $5,185 I.2 Prepare Draft Application & Consultation Materials 12 56 44 0 112 $27,100 I.3 Assist Airline Consultation / Public Notice Processes 620171356$11,765 I.4 Assist in Completing PFC Application Process 1434301088$20,140 I.5 Supplemental Work as Approved by Airport 8 24 25 6 63 $14,425 SUBTOTAL PFC #6 PREPARATION 44 144 123 29 340 $78,615 II.FUTURE PFC APPLICATIONS/AMENDMENTS II.1 Initial FAA/Client Consultation and Data Collection 8 18 14 0 34 $9,880 II.2 Prepare Draft Application & Consultation Materials 24 75 71 17 126 $43,010 II.3 Assist Airline Consultation / Public Notice Processes 10 21 25 17 44 $15,370 II.4 Assist in Completing PFC Application Process 24 49 49 17 127 $31,690 SUBTOTAL PFC #4 AMENDMENT 66 163 159 51 331 $99,950 SUBTOTAL PROFESSIONAL FEES FOR TASKS I, II 110 314 266 70 757 $178,565 Miscellaneous expenses Travel1 $1,850 Mailing and other miscellaneous expenses $3,785 Subtotal ‐ Miscellaneous expenses $5,635 TOTAL BUDGET FOR TASKS I, II, & III $184,200 1 Assumes one trip by one person for airline consultation for each PFC application DocuSign Envelope ID: 610B66EE-C2DE-4215-AEFD-7FAF666C92B6 FYI-S Non-Fed CSA, Total Fee (11-2022) Exhibit B Page 1 of 4 EXHIBIT B INSURANCE REQUIREMENTS Consultant Service Agreement between City of Fresno (City) and Unison Consulting, Inc. (Consultant) 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. 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: 610B66EE-C2DE-4215-AEFD-7FAF666C92B6 FYI-S Non-Fed CSA, Total Fee (11-2022) Exhibit B Page 2 of 4 2.COMMERCIAL AUTOMOBILE LIABILITY: $1,000,000 per accident for bodily injury and property damage. 3.WORKERS’ COMPENSATION INSURANCE as required by the State of California with statutory limits. 4.EMPLOYER’S LIABILITY: (i)$1,000,000 each accident for bodily injury; (ii)$1,000,000 disease each employee; and, (iii)$1,000,000 disease policy limit. 5.PROFESSIONAL LIABILITY (Errors and Omissions): (i)$1,000,000 per claim/occurrence; and, (ii)$2,000,000 policy aggregate. UMBRELLA OR EXCESS INSURANCE In the event the Consultant purchases an Umbrella or Excess insurance policy(ies) to meet the “Minimum Limits of Insurance,” this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies). In addition, such Umbrella or Excess insurance policy(ies) shall also apply on a primary and non-contributory basis for the benefit of the City, its officers, officials, employees, agents, and volunteers. DEDUCTIBLES AND SELF-INSURED RETENTIONS The Consultant shall be responsible for payment of any deductibles contained in any insurance policy(ies) required herein and the Consultant shall also be responsible for payment of any self-insured retentions. Any deductibles or self-insured retentions must be declared 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: 610B66EE-C2DE-4215-AEFD-7FAF666C92B6 FYI-S Non-Fed CSA, Total Fee (11-2022) Exhibit B 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 (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 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 DocuSign Envelope ID: 610B66EE-C2DE-4215-AEFD-7FAF666C92B6 FYI-S Non-Fed CSA, Total Fee (11-2022) Exhibit B Page 4 of 4 of cancellation, non-renewal, or reduction in coverage or in limits, the Consultant shall furnish the City with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for the City, the Consultant shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than fifteen calendar days prior to the expiration date of the expiring policy. 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 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 designee prior to the City’s execution of the Agreement and before work commences. All non-ISO endorsements amending policy coverage shall be executed by a licensed and authorized agent or broker. Upon request of the City, the Consultant shall immediately furnish City with a complete copy of any insurance policy required under this Agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement. DocuSign Envelope ID: 610B66EE-C2DE-4215-AEFD-7FAF666C92B6 Chicago, IL 60601 150 N. Michigan Avenue, Suite 2930 Unison Consulting, Inc. Anthony Q. Drake May 3, 2023 DocuSign Envelope ID: 610B66EE-C2DE-4215-AEFD-7FAF666C92B6 FYI Federal Assurances ALL Contracts (11-2022) Exhibit D Page 1 of 3 EXHIBIT D ASSURANCES Consultant Service Agreement between City of Fresno (City) and Unison Consulting, Inc. (Consultant) During the performance of this Agreement (“contract” or “contract documents”), the Consultant, for itself, its assignees and successors in interest (referred to collectively as “the contractor" or “the Consultant”) agrees as follows (hereafter, the “City” is referred to as “Sponsor”): I.PROVISIONS APPLICABLE TO ALL PROFESSIONAL SERVICES CONTRACTS A.GENERAL CIVIL RIGHTS PROVISIONS The contractor agrees that it will comply with pertinent statutes, Executive Orders and such rules as are promulgated to ensure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from Federal assistance. This provision binds the contractor from the bid solicitation period through the completion of the contract. This provision is in addition to that required of Title VI of the Civil Rights Act of 1964. This provision also obligates the tenant/concessionaire/lessee or its transferee for the period during which Federal assistance is extended to the airport through the Airport Improvement Program, except where Federal assistance is to provide, or is in the form of personal property; real property or interest therein; structures or improvements thereon. In these cases the provision obligates the party or any transferee for the longer of the following periods: a.the period during which the property is used by the airport sponsor or any transferee for a purpose for which Federal assistance is extended, or for another purpose involving the provision of similar services or benefits; or b.the period during which the airport sponsor or any transferee retains ownership or possession of the property. B.CIVIL RIGHTS ACT OF 1964, TITLE VI Compliance with Nondiscrimination Requirements - During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereafter referred to as the “contractor”) agrees as follows: 1.Compliance with Regulations: The contractor (hereafter includes consultants) will comply with the Title VI List of Pertinent Nondiscrimination Statutes and Authorities, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. 2.Non-discrimination: The contractor, with regard to the work performed by it DocuSign Envelope ID: 610B66EE-C2DE-4215-AEFD-7FAF666C92B6 FYI Federal Assurances ALL Contracts (11-2022) Exhibit D Page 2 of 3 during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR part 21. 3.Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor’s obligations under this contract and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, or national origin. 4.Information and Reports: The contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the sponsor or the Federal Aviation Administration to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the sponsor or the Federal Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain the information. 5.Sanctions for Noncompliance: In the event of a contractor’s noncompliance with the Non-discrimination provisions of this contract, the sponsor will impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to: A.Withholding payments to the contractor under the contract until the contractor complies; and/or B.Cancelling, terminating, or suspending a contract, in whole or in part. 6.Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the sponsor or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the sponsor to enter into any litigation to protect the interests of the sponsor. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. DocuSign Envelope ID: 610B66EE-C2DE-4215-AEFD-7FAF666C92B6 FYI Federal Assurances ALL Contracts (11-2022) Exhibit D Page 3 of 3 C.FEDERAL FAIR LABOR STANDARDS ACT (MINIMUM WAGE) All contracts and subcontracts that result from this solicitation incorporate the following provisions by reference, with the same force and effect as if given in full text. The contractor has full responsibility to monitor compliance to the referenced statute or regulation. The contractor must address any claims or disputes that pertain to a referenced requirement directly with the Federal Agency with enforcement responsibilities. Requirement Federal Agency with Enforcement Responsibilities Federal Fair Labor Standards Act (29 USC 201) U.S. Department of Labor – Wage and Hour Division D.FAIR LABOR STANDARDS ACT All contracts and subcontracts that result from this solicitation incorporate by reference the provisions of 29 CFR part 201, the Federal Fair Labor Standards Act (FLSA), with the same force and effect as if given in full text. The FLSA sets minimum wage, overtime pay, recordkeeping, and child labor standards for full and part-time workers. The contractor has full responsibility to monitor compliance to the referenced statute or regulation. The contractor must address any claims or disputes that arise from this requirement directly with the U.S. Department of Labor – Wage and Hour Division. DocuSign Envelope ID: 610B66EE-C2DE-4215-AEFD-7FAF666C92B6 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-898 Agenda Date:6/15/2023 Agenda #: 1.-C. REPORT TO THE CITY COUNCIL FROM:GREGORY A. BARFIELD, M.A., Assistant City Manager Office of the Mayor and City Manager BY:DAVID RODRIGUEZ, Project Manager, Special Events Office of the Mayor and City Manager SUBJECT Actions pertaining to a License Agreement with California Interscholastic Federation (CIF) for use of Woodward Park for the State Cross Country 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 RECOMMENDATION Staff recommends that the City Council, in collaboration with the Fresno/Clovis Convention and Visitors Bureau (FCCVB): 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 EXECUTIVE SUMMARY The proposal would cover the next five (5) years 2023, 2024, 2025, 2026, and 2027, and includes the following terms: CIF will: ·Pay a $1,000 cleaning/security deposit fee for each annual event with up to 80% refundable dependent on the condition of the facility after completion of each event. ·Operate the park entrance off of Friant Road and may charge entry fees, with all proceeds going to CIF. ·Agree not to charge park entrance fees to other non-event park users such as pedestrians, cyclists, etc. ·Grant entry into any location in the park without charge to City of Fresno employees and City vehicles, as is consistent with normal park operations. City will: ·Operate the park entrance off of Audobon Drive with gate fee proceeds going to the PARCS City of Fresno Printed on 6/20/2023Page 1 of 2 powered by Legistar™ 06/15/2023 MA/GB 7-0 File #:ID 23-898 Agenda Date:6/15/2023 Agenda #: 1.-C. ·Operate the park entrance off of Audobon Drive with gate fee proceeds going to the PARCS Department. ·Contribute $10,000 per year toward stipend fee to CIF FCCVB will: ·Provide an annual stipend fee of $25,000 to CIF. BACKGROUND The California Interscholastic Federation (CIF)is authorized by the California state legislature to govern high school athletics.CIF is a non-profit organization that administers high school athletic programs and enforces rules relating to a student’s involvement in athletics.The CIF conducts regional and state championships in cross country,volleyball,basketball,football,golf,track and field, wrestling, soccer, and tennis. During the construction of Woodward Park in the late 1970’s,Fresno State coach Red Estes helped develop cross country courses that covered 5 mile,5,000 meters and 10,000 meters.For several years,the City of Fresno has hosted cross country events for primary,middle,and high schools,as well as community colleges and state universities. The CIF Cross Country Championship races have been held at Woodward Park since November of 1987.The races are held on the Friday and Saturday of the Thanksgiving holiday weekend in November each year.In order to mitigate any issues for Fresno residents wishing to use the park in planning for upcoming events,the Special Events Division of the City Manager’s office is proposing a number of remedies that will allow residents who are not attending the event to access to the park during the long Thanksgiving holiday. ENVIRONMENTAL FINDINGS By definition provided in the California Environmental Quality Act (CEQA)Guidelines Section 15378 this item does not qualify as a “project” as defined by CEQA. LOCAL PREFERENCE Not implemented because this item does not include a bid or award of a construction or services contract. FISCAL IMPACT The City’s total contribution for this event is $10,000 per year for a total of $50,000 during the life of the agreement.The Fresno/Clovis Convention and Visitors Bureau will also be contributing $25,000 each year for a total bid proposal of $125,000 over the agreement.Historically,more than 10,000 people attend this event,and book 1,600 hotel room nights.This results in an annual economic impact of $1,109,524.11 on a weekend (the weekend after Thanksgiving)that is typically a slow time for hotels in the area. Attachment: License Agreement City of Fresno Printed on 6/20/2023Page 2 of 2 powered by Legistar™ 1 LICENSE AGREEMENT SPECIAL EVENT-WOODWARD PARK (CITY OF FRESNO - CALIFORNIA INTERSCHOLASTIC FEDERATION) THIS LICENSE AGREEMENT (Agreement) is dated this ________ of ______,2023 and is entered into by and between the CITY OF FRESNO, a municipal corporation organized and existing under the laws of the State of California (City), and CALIFORNIA INTERSCHOLASTIC FEDERATION (CIF), a California corporation. AGREEMENT In consideration of the mutual promises, covenants, and agreements herein contained, the parties hereto, intending to be legally bound, hereby agree as follows: 1.CIF, as an independent contractor, shall manage and operate Woodward Park located at 7775 N. Friant Road, Fresno CA (Park) during the Event. In such capacity, CIF will have authority over matters regarding the event and attendees within the park who are attending the event. CIF shall provide such services consistent with the standards for performance of services in this Agreement, and where not expressed herein, in accordance with generally accepted industry standards. In no event shall CIF hold itself out as, act as, or be the agent of, City, without the City's express written authority to do so. 2.CIF shall be responsible for managing all operations and production of Event. No less than 30 days prior to the date of the event, a meeting will be held with all CIF event holders and the City PARCS Department Director, or designee to finalize the details of the event. Furthermore, CIF is responsible for ensuring that, by the end of the Event, the Park is restored to the condition which it was in immediately prior to Event in all material respects, ordinary wear and tear excepted. If the Park is not restored to the City's reasonable satisfaction, the City shall use its resources to restore the Park to its prior condition and will bill CIF for labor and material costs accrued restoring the park to its condition prior to the event. City staff will be available to validate the condition of the park before each event at a mutually agreed upon time. 3.On event dates, CIF shall have access to the Park from 5:00 a.m. to 7:00 p.m. 4.Events: CIF is licensing use of the Park for the purpose of the State High School Cross Country Championship on the following dates: November 24 and 25, 2023; November 29 and 30, 2024; November 28 and 29, 2025; November 27 and 28, 2026; and November 26 and 27, 2027. 5.Fees and Costs: Per bid proposal by the City submitted to CIF in 2023, the City will waive all Rental Fees for facilities within Woodward Park for the event. There will be a $1,000 cleaning/security deposit fee that will be applied to each year's event. The deposit is up to 80% refundable dependent on the condition of the facility after completion of each year's event. If requested, the cleaning/security deposit fee can be deducted from the reimbursement fee paid by the City of Fresno to CIF. CIF and local meet management will be responsible for operating the park entrance off of Friant Road and may charge entry fees, with proceeds going to the CIF. CIF and local meet management will also be responsible for operating the east park entrance booth off of Audubon Road and may charge entry fees, with proceeds going to the CIF. The DocuSign Envelope ID: ECB35848-56FE-4FEB-9A9B-B392F6CB9729 15th June 2 PARCS Department through ACE Parking will be responsible for the west park entrance booth off of Audubon Drive with gate fee proceeds going to the PARCS Department. CIF will not be authorized to charge park entrance fees to attendees entering the park as pedestrians or on bicycles. All City employees and City vehicles will be granted entry into any location in the park as is consistent with normal park operations. There will be no Vendor Fees charged by the City for CIF vendors. The City will reimburse CIF up to, but not to exceed $10,000 per year for personnel expenses incurred at these events. 6.CIF will be required to supply all required security officers deemed necessary by the Fresno Police Department. 7.CIF shall comply with all terms of the applicable Conditional Use Permit (CUP), laws, liquor licenses, City Ordinances, and written City policies in effect at the time of the Event. 8.Indemnification: To the furthest extent allowed by law, CIF 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 City, Licensee 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 the performance of this License Agreement. Licensee's obligations under the preceding sentence shall apply regardless of whether City of any of its officers, officials, employees, agents or volunteers are negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused solely by the gross negligence, or caused by the willful misconduct of the City or any of its officers, officials, employees, agents or volunteers. If CIF should subcontract all or any portion of the work to be performed under this Agreement, including, but not limited to, the operations and productions of Event, CIF shall require each subcontractor to indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and authorized 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, CIF 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 his/her designee at any time and in his/her 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 DocuSign Envelope ID: ECB35848-56FE-4FEB-9A9B-B392F6CB9729 3 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, CIF 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 CIF 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 CIF 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 CIF shall not be deemed to release or diminish the liability of CIF, 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 CIF. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of CIF, vendors, suppliers, invitees, contractors, sub- contractors, subcontractors, or anyone employed directly or indirectly by any of them. The following policies of insurance are required: A.COMMERCIAL GENERAL LIABILITY insurance which shall be at least as broad as Insurance Services Office (ISO) form CG 00 01 and shall include insurance for "bodily injury", "property damage" and "personal and advertising injury", including premises and operation, products and completed operations and contractual liability with limits of liability of not less than $1,000,000 per occurrence for bodily injury and property damage, $1,000,000 per occurrence for personal and advertising injury, $2,000,000 aggregate for products and completed operations and $2,000.000 general aggregate. B.COMMERCIAL AUTOMOBILE LIABILITY insurance which shall be at least as broad as the most current version of Insurance Service Office (ISO) Business Auto Coverage Form CA 00 01, and include coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1 - Any Auto) with limits of liability of not less than $1,000,000 per accident for bodily injury and property damage. C.LIQUOR LIABILITY insurance ( if applicable) which shall be at least as broad as the most current version of Insurance Services Office (ISO) Liquor Liability Coverage Form CG 00 33, with limits of liability of not less than $1,000,000 per occurrence and $2,000,000 aggregate for bodily injury and property damage. The responsibility for this coverage may be assigned to a concessionaire or vendor. DocuSign Envelope ID: ECB35848-56FE-4FEB-9A9B-B392F6CB9729 4 D.WORKERS' COMPENSATION insurance as required under the California Labor Code. E.EMPLOYERS' LIABILITY insurance with minimum limits of $1,000,000 each accident, $1,000,000 disease each employee and $1,000,000 disease policy limit. In the event CIF purchases an Umbrella or Excess insurance policy(ies) to meet the minimum limits of insurance set forth above, this insurance policy(ies) shall "follow form" and afford no less coverage than the primary insurance policy(ies). CIF shall be responsible for payment of any deductibles contained in any insurance policies required hereunder and Licensee shall also be responsible for payment of any self-insured retentions. Any deductibles or self-insured retentions must be declared to, 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) Licensee 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. The above-described policies of insurance shall be endorsed to provide an unrestricted 30 day written notice in favor of the City, of policy cancellation, change or reduction of coverage, except for the Workers' Compensation policy which shall provide a ten day written notice of such cancellation, change or reduction of coverage. In the event any policies are due to expire during the term of this Agreement, a new certificate evidencing renewal of such policy shall be provided not less than 15 days prior to the expiration date of the expiring policy(ies). Upon issuance by the insurer, broker, or agent of a notice of cancellation, change or reduction in coverage, Licensee shall file with the City a certified copy of the new or renewal policy and certificates for such policy. The General Liability, Commercial Automobile Liability and Liquor Liability insurance policies shall be written on an occurrence form and shall name the City, its officers, officials, agents, employees and volunteers as an additional insured. Such policy(ies) of insurance shall be endorsed so CIF'S insurance shall be primary, and no contribution shall be required of the City. Any Workers' Compensation insurance policy shall contain a waiver of subrogation as to the City and each of its officers, officials, employees, agents and volunteers. CIF shall furnish the City with the certificate(s) and applicable endorsements for ALL required insurance two weeks prior to any scheduled Event. The failure to furnish the City with the certificate(s) and applicable endorsements for ALL required insurance two weeks prior to any scheduled Event, or to maintain the required insurance during the scheduled Event, shall be sufficient cause for the City to terminate this Agreement. The fact that insurance is obtained by CIF shall not be deemed to release or diminish the liability of CIF, including, without limitation, liability under the indemnification provisions of this Agreement. The duty to indemnify City and its officials, officers, employees, agents and volunteers 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 CIF. Approval or purchase of any insurance contracts or policies shall in DocuSign Envelope ID: ECB35848-56FE-4FEB-9A9B-B392F6CB9729 5 no way relieve from liability nor limit the liability of CIF or any subcontractors. Upon request of City, CIF 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. If CIF should subcontract all or any portion of the subcontract all or any portion of the work to be performed under this Agreement, including, but not limited to, the operations and productions of Events, CIF shall require each subcontractor to provide insurance protection in favor of City and each of its officers, officials, employees, agents and authorized volunteers in accordance with the terms of this section, except that any required certificates and applicable endorsements shall be on file with CIF and City two weeks prior to the commencement of any work by the subcontractor. 10.Authority and Approval. All parties hereto have the requisite power and authority to execute, deliver and perform this Agreement, and all actions of each such party, necessary for such execution, delivery and performance have been duly taken. 11.Counterparts. This Agreement may be executed in any number of counterparts, each of which shall for all purposes be deemed an original, and all such counterparts shall together constitute but one document. 12.Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Venue shall be Fresno County. 13.Termination. This Agreement shall terminate immediately at the scheduled conclusion of the Events. This Agreement shall also be immediately terminated should CIF fail to comply with the terms of this Agreement, including the terms of the CUP. Sections 8 and 9 of this Agreement shall survive the termination or expiration of this Agreement. 14.Amendment. This Agreement may not be amended or modified except in writing signed by each of the parties to this Agreement. This Agreement shall be construed as to its fair meaning and not strictly for or against either party. The headings hereof are descriptive only and not to be construed in interpreting the provisions hereof. 15.Assignment. CIF may not assign its rights under this Agreement without the written consent of City, which consent may be withheld at City's sole and absolute discretion. 16.Prior Agreements. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior and agreements and understandings concerning the subject matter hereof. DocuSign Envelope ID: ECB35848-56FE-4FEB-9A9B-B392F6CB9729 6 IN WITNESS WHEREOF, the parties have executed this AGREEMENT to be effective as of the date first above written. CITY OF FRESNO, A California municipal corporation By: Georgeanne A. White City Manager APPROVED AS TO FORM: ANDREW JANZ City Attorney By: Brandon M. Collet Date Supervising Deputy City Attorney ATTEST: TODD STERMER, CMC City Clerk By: Date Deputy CIF: CALIFORNIA INTERSCHOLASTIC FEDERATION, a California corporation By: Name: Title: (If corporation or LLC., Board Chair, Pres. or Vice Pres.) By: Name: Title: (If corporation or LLC., CFO, Treasurer, Secretary or Assistant Secretary) DocuSign Envelope ID: ECB35848-56FE-4FEB-9A9B-B392F6CB9729 Bobbi Madsen Director Associate Executive Director 6/5/2023 Brian Seymour City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-889 Agenda Date:6/15/2023 Agenda #: 1.-D. REPORT TO THE CITY COUNCIL FROM:GEORGEANNE A. WHITE, City Manager Office of Mayor & City Manager THROUGH:SCOTT L. MOZIER, PE, Director Public Works Department BY:ANN D. KLOOSE, Sustainability Division Manager Public Works Department, Sustainability Division JOHN ELLIS, Governmental Affairs Manager Office of the Mayor & City Manager SUBJECT 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) RECOMMENDATIONS Staff recommends the City Council 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 to develop an assessment, and recommendations for options, to improve services and affordability of electricity in the City of Fresno and authorize the City Manager or designee to execute all related documents. EXECUTIVE SUMMARY On September 2, 2021, the Council unanimously adopted Resolution 2021-240, a Resolution of the Mayor and Council in opposition to Pacific Gas & Electric Company’s June 2021 filing to the CA Public Utilities Commission (CPUC) requesting substantial rate increases. The resolution called on the CPUC and Pacific Gas and Electric (PG&E) to freeze rates and implement electricity rate reform. Since 2021, electricity rates have increased more than 26% through 2022, and are projected by PG&E to increase up to an additional 36% this year. Taken together, this represents a 62% increase in just two years. In addition to these unsustainable rate increases, PG&E has failed to provide new utility connections and service in a timely or reasonable manner. The ongoing costs of these connection delays is extreme and difficult to quantify, but there is abundant evidence it is hurting both City of Fresno Printed on 6/9/2023Page 1 of 3 powered by Legistar™ 06/15/2023 CONTINUED TO JUNE 22, 2023 File #:ID 23-889 Agenda Date:6/15/2023 Agenda #: 1.-D. connection delays is extreme and difficult to quantify,but there is abundant evidence it is hurting both business owners and homebuyers.For these reasons,the Mayor and City Council discussed hiring a consultant to develop an assessment and offer recommendations and potential options to improve the services and affordability of electricity in the City of Fresno.The proposed consultant services agreement with Baker Tilly US, LLP, will accomplish the stated objectives. BACKGROUND This request for Council approval is the next step in addressing serious concerns over PG&E’s electricity prices and connection delays.The recommended action follows up on initial public concerns voiced by the Mayor and Councilmembers,which were consistent with the 2021 Council resolution to the CPUC,expressing serious concerns over the excessive electricity rate increases. Furthermore,the significant delays in providing new service connections has resulted in project impacts and added costs,as demonstrated by both the Fresno/Madera Building Industry Association (BIA)and State Center Community College District (SCCCD)in separate CPUC complaints filed last year. On November 3,2022,the Mayor and Council discussed providing direction to staff to hire a consultant to explore options for alternative services.The issue was tabled with a request for the Administration to return with additional information.Since that time,staff formed a committee to include industry experts and issued a Request for Qualifications (RFQ)to acquire additional information.The RFQ Committee included Ann Kloose,Sustainability Division Manager,City of Fresno Public Works,John Ellis,Government Affairs Manager,City of Fresno,Office of the Mayor, Courtney Blore Kalashian,Executive Director,SJV Clean Energy Organization,and Kevin Flanagan, Program Manager,Joint Power Authority (JPA)at SPURR.The RFQ’s purpose was to provide an option to hire a consultant to develop an assessment and recommendations for potential alternatives to improve the services and affordability of electricity in the City of Fresno. The above stated RFQ was released on December 21,2022,and closed on February 8,2023.The RFQ notice was published in the Fresno Business Journal,released on Planet Bids and was also directly sent to additional firms that had previously expressed interest.Four firms responded, submitting Statements of Qualifications (SOQs).Of those,three of the firms met the standard qualifications and were selected for interviews.Each firm had some level of experience among the potential options identified for consideration on the City’s RFQ.These included renegotiations of the existing Electricity Franchise Agreement initiated in 1938,creation of a Community Choice Aggregation (CCA),formation of a Joint Power Authority (JPA),establishment of a Customer-Owned Utility or Municipal Utility District,and developing new legislation to provide more favorable options for Fresno. Following the review and interviews,Baker Tilly US,LLP was ranked by each committee member as the top recommended firm,and staff determined this consultant as best suited to perform this work based upon project requirements,available capacity,prior experience in all areas as well as cost.For these reasons,staff recommends awarding a contract to Baker Tilly,US,LLP for LLP in the amount of $256,443 plus a not-to-exceed contingency amount of $10,000 to develop an assessment and recommendations for potential alternatives to improve the services and affordability of electricity in the City of Fresno. City of Fresno Printed on 6/9/2023Page 2 of 3 powered by Legistar™ File #:ID 23-889 Agenda Date:6/15/2023 Agenda #: 1.-D. The City Attorney’s Office has reviewed and approved all associated items as to form. ENVIRONMENTAL FINDINGS Approval of the consultant service agreement is not a “project”within the meaning of Public Resources Code Section 21803 (CEQA Guidelines Section 15378)because the administrative activities as identified in the consultant agreement will not result in direct or indirect physical changes in the environment. LOCAL PREFERENCE Local preference is not applicable for this item and an RFQ was issued seeking unique and specialized industry expertise and was based on a qualitative analysis not based solely on price. FISCAL IMPACT Sufficient funds are currently appropriated in the FY2023 Adopted Budget under General Fund - General City Purpose department. Attachment(s): Agreement for consultant services - Baker Tilly US, LLP City of Fresno Printed on 6/9/2023Page 3 of 3 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-735 Agenda Date:6/15/2023 Agenda #: 1.-E. REPORT TO THE CITY COUNCIL FROM:GEORGEANNE A. WHITE, City Manager Office of the Mayor & City Manager BY:BLAKE KONCZAL, Executive Director Fresno Regional Workforce Development Board PHYLLIS STOGBAUER, Senior Deputy Director Fresno Regional Workforce Development Board SUBJECT Approve and authorize the Mayor or designee to execute the Fresno Regional Workforce Development Board’s (FRWDB’s) Workforce Innovation and Opportunity Act (WIOA) Two-Year Local Plan Modification for Program Years 2021-2024 RECOMMENDATION Staff recommends Council approve and authorize the Mayor or designee to execute the Fresno Regional Workforce Development Board’s (FRWDB’s) Workforce Innovation and Opportunity Act (WIOA) Two-Year Local Plan Modification for Program Years 2021-2024. EXECUTIVE SUMMARY The California Workforce Development Board’s (CWDB’s) Strategic Workforce Development Plan for California has a broad vision and outlines ambitious goals for how the public workforce system can work with its partners to shape and support economic prosperity across the state and its regions. Under WIOA, the state has established 14 Regional Planning Units (RPUs) within the State of California that align workforce development activities and resources within the context of a larger regional economy and to develop and deploy available resources to provide coordinated and efficient services to job seekers and employers. Each RPU is required to develop a regional strategic plan. The FRWDB is one (1) of eight (8) Workforce Development Boards in the designated San Joaquin Valley and Associated Counties RPU. The other local boards include Kern-Inyo-Mono, Kings, Madera, Merced, San Joaquin, Stanislaus, and Tulare. The Function of the Local Plans Under the State Plan, the primary purpose of local workforce plans and partnerships is to facilitate access to workforce services at the local level. While WIOA Section 106 Regional Plans and City of Fresno Printed on 6/20/2023Page 1 of 3 powered by Legistar™ 06/15/2023 NE/MA 7-0 APPROVED ON CONSENT File #:ID 23-735 Agenda Date:6/15/2023 Agenda #: 1.-E. access to workforce services at the local level.While WIOA Section 106 Regional Plans and partnerships are specifically focused on construction of a regional training and education architecture that aligns with regional labor markets,the Local Plan will address how individuals will access and experience this regional workforce architecture primarily through local service delivery efforts, principally those of WIOA partners operating in the America’s Job Centers of California system, formally known as “One-Stop Centers”,but potentially through other partners of the workforce system as well.In this regard,it is typically at the local level where services will be integrated,resources braided, and supportive services provided to individuals being served by partners. In order to complete all aspects of the requirements of the Plans,the Directive mandates that each local board release the draft Plan for a 30-day public comment period and hold public meetings for stakeholders to ensure opportunities to participate in,and provide feedback on,the Local and Regional Plans as part of the initial development of the Plans.The stakeholder meetings were held during September and October 2022,and January and February 2021.In addition,a discussion was held with members of the FRWDB’s Executive Committee during their January 28,2023,meeting. The draft plan was released for a 30-day public comment period on February 7,2023,with comments due by March 9, 2023. There was one (1)comment received during the public comment period;however,there were no comments received that resulted in significant changes to the initial draft Plans. As outlined in the directive,the final Plan Modifications were required to be submitted to the state board no later than March 31,2023.The directive allowed for the final plan modifications to be submitted pending approval and final signatures.In order to meet the submission deadline,the draft Plan modifications were sent to the California Workforce Development Board pending final approvals from the FRWDB, the Fresno County Board of Supervisors, and the City of Fresno. The Local Plan Modification will be presented to the FRWDB at its meeting on June 7,2023,for approval.Upon approval of this item,the final Plans with all required signatures will be submitted to the state by June 30, 2023. BACKGROUND WIOA Public Law Sections 106 and 107 and California Unemployment Insurance Code Sections 14221 -14222 require that local boards submit a two (2)-year modification to the four (4)-year regional and local plans (plan) to the California Workforce Development Board (CWDB). On October 27,2022,the State released the draft Regional and Local Plan Modification Guidance for 2021-2024 (WSD 22-05),which provides guidance for the preparation and submission of both the Local and Regional Workforce Plan’s two (2)-year plan modifications required by WIOA.This directive provides guidance and establishes the procedures regarding the preparation of both regional and local plan modifications required by the WIOA. ENVIRONMENTAL FINDINGS This item is not a project as defined by the California Environmental Quality Act. LOCAL PREFERENCE City of Fresno Printed on 6/20/2023Page 2 of 3 powered by Legistar™ File #:ID 23-735 Agenda Date:6/15/2023 Agenda #: 1.-E. Local preference was not implemented because this item does not include an award of a service or construction contract. FISCAL IMPACT There is no increase in Net City Cost associated with the Recommended Action.The FRWDB is 100%funded by non-City sources.These have their origin primarily with the United States Department of Labor, being supplemented by other federal and State of California grants. Attachment:Fresno Regional Workforce Development Board Workforce Innovation and Opportunity Act Local Plan Biennial Modification for Program Years 2021-2024 City of Fresno Printed on 6/20/2023Page 3 of 3 powered by Legistar™ 2023 Biennial Modification to the Program Year 2021 – 2024 Local Plan Fresno Regional Workforce Development Board Contact: Blake Konczal, Executive Director Phone: (559) 490-7102 Email: bkonczal@workforce-connection.com Fresno Regional WDB Biennial Modification to PY 2021-24 Local Plan 2 Table of Contents I. INTRODUCTION ....................................................................................................... 5 A. The Local Board’s Vision for the PY 2021-2024 Local Plan ................................ 5 B. Developing the WDB’s PY 2021-2024 Four-Year Plan ....................................... 6 C. Impact of COVID-19 on Development of the PY 2021-2024 Plan and its Biennial Modification ......................................................................................................... 7 II. WIOA CORE AND REQUIRED PARTNER COORDINATION .................................. 8 A. Coordination with AJCC Partners and WIOA Memorandum of Understanding ... 8 B. Overview of Local One-Stop System Partners .................................................... 8 C. Memoranda of Understanding with System Partners .......................................... 9 D. Coordination with AJCC Partner Programs ......................................................... 9 E. Partners’ Efforts to Collaborate on Co-Enrollment and Case Management ...... 12 F. Current Efforts that Foster Co-Enrollment and Co-Case Management ............. 12 G. Enhancing Co-Enrollment Strategies among System Partners ......................... 13 H. One-Stop System’s Use of Technology and Other Remote Strategies ............. 13 I. Remote Service Locations ................................................................................ 13 J. Use of Technology to Enhance Service Delivery to Remote Locations ............ 13 K. Coordination of Workforce Activities and Support Services .............................. 14 L. Determining Participants’ Needs for Support Services ..................................... 14 M. Services Available to Address Participants’ Needs and Barriers ...................... 14 N. Physical and Programmatic Accessibility for Individuals with Disabilities ......... 16 O. Facilities, Technology, and Services Supporting Accessibility .......................... 16 P. Staff Training .................................................................................................... 17 III. STATE STRATEGIC PARTNER COORDINATION ................................................. 18 A. Coordination with County Human Services Agency and Other Local Partners That Serve Individuals Accessing CalFresh Employment and Training Services 18 B. Coordination with Local Child Support Agency and Other Local Partners That Serve Individuals Who Are Non-Custodial Parents ........................................... 18 C. Coordination with Local Partnership Agreement Partners Established in Alignment with the Competitive Integrated Employment Blueprint and Other Local Partners That Serve Individuals with Developmental and Intellectual Disabilities ......................................................................................................... 19 D. Coordination with Community-Based Organizations and Other Local Partners That Serve Individuals Who are English Language Learners, Foreign Born, and/or Refugees ............................................................................................... 20 Fresno Regional WDB Biennial Modification to PY 2021-24 Local Plan 3 E.Partners in Serving ELLs and Immigrants ......................................................... 20 F.Strengthening Services for this Vulnerable Target Group ................................. 20 IV. WIOA TITLE I COORDINATION ............................................................................. 22 A.Staff Training and Professional Development to Increase Digital Technology Skills ................................................................................................................. 22 B.Skills that Enhance Work Productivity............................................................... 22 C.Skills that Enable Learning on a Wide Range of Topics from a Variety of Sources ............................................................................................................. 22 D.Skills that Enhance Knowledge of Economic Issues, the Labor Market, and the Economy ........................................................................................................... 22 E.Skills that Improve the Capacity to Virtually Serve Job Seekers and Business Customers ........................................................................................................ 22 F.Frontline Staff Training and Professional Development to Increase Cultural Competency and Effectiveness in Working with Individuals and Groups that Have Been Exposed to Trauma ........................................................................ 23 G.Training in Cultural Competence Skills ............................................................. 23 H.Training to Enhance Skills in Working with Individuals Dealing with Trauma .... 24 I.Identifying and Securing Training ..................................................................... 24 J.Coordination of Rapid Response and Layoff Aversion Activities ...................... 24 K.Approach to Layoff Aversion ............................................................................. 24 L.The Rapid Response Team and Services ........................................................ 26 M. Coordination with Trade Adjustment Act ........................................................... 26 N.Coordination with Other Key Partners ............................................................... 26 O.Services and Activities Available under WIOA Title I Adult and Dislocated W orker Programs .............................................................................................. 27 P.One-Stop Delivery System ................................................................................ 27 Q.WIOA Adult and Dislocated Worker Services ................................................... 27 R.Follow-Up Services ........................................................................................... 29 S.Priority of Service .............................................................................................. 29 T.Services and Activities Available under WIOA Title I Youth Program ............... 30 U.WIOA Youth Programs and Service Delivery Sites ........................................... 30 V.Youth Services .................................................................................................. 30 W. Services to Increase the Digital Skills of Youth ................................................. 32 X.Serving Youth with Disabilities .......................................................................... 32 Y.Entity Responsible for Disbursal of Grant Funds and the Competitive Process Used to Award Contracts for WIOA Title I Activities.......................................... 33 Fresno Regional WDB Biennial Modification to PY 2021-24 Local Plan 4 AA. AJCC Operator Function ................................................................................ 33 BB. Career Services Provider Function ................................................................ 34 V. CONSIDERATIONS FOR PROGRAM YEARS 2021- 24 ........................................ 35 A. Priorities of the Workforce Development Board ................................................ 35 B. Other Key Considerations Identified by Workforce System Stakeholders......... 35 VI. APPENDICES ......................................................................................................... 37 Attachment 1: Stakeholder and Community Engagement Summary ..................... 38 Attachment 2: Public Comments ............................................................................ 40 Attachment 3: Signature Page ............................................................................... 46 Fresno Regional WDB Biennial Modification to PY 2021-24 Local Plan 5 I. INTRODUCTION In accordance with the requirements of the Workforce Innovation and Opportunity Act (WIOA) of 2014 and guidance published by California Workforce Development Board and Employment Development Department, the Fresno Regional Workforce Development Board (FRWDB) has developed a four (4)-year Local Plan covering Program Years (PYs) 2021-2024. Following approval by state officials representing the Governor, the Plan became effective from July 1, 2021, through June 30, 2025. This update to the PY 2021-2024 Local Plan constitutes its WIOA-required biennial modification. Following the approval of this modification by state representatives, it will become the official, active version of the Plan beginning on July 1, 2023, and remaining in effect through June 30, 2025. FRWDB represents the City of Fresno and the County of Fresno and serves all communities within the county’s boundaries. Pursuant to this partnership, a non-profit organization, the Fresno Area Workforce Investment Corporation (FAWIC), has been established and functions as the administrator for workforce programs within the Local Workforce Development Area. The local America’s Job Centers of California (AJCCs) operate under the “Workforce Connection” brand in Fresno County. Throughout this Plan, for ease of review, the entity responsible for workforce program administration, oversight, and service delivery is generally referred to as FRWDB. A. The Local Board’s Vision for the PY 2021-2024 Local Plan The FRWDB has developed the following mission and vision statements to guide its work: Mission: Under a Joint Powers Authority established between the City and County of Fresno, the FRWDB works in partnership with the public and private sectors to assist local businesses in meeting their human capital needs. Workforce system providers screen and train prospective new employees and assist in upskilling existing employees. By offering quality referral and training services, directly linked to local industry needs, the local workforce system benefits unemployed and underemployed clients. Vision: To fully engage all available public and private resources to ensure that the Fresno Regional Workforce Development system is the premier source for the human capital needs of growth industry clusters within Fresno County; to integrate education and workforce preparation to assist the best companies in Fresno County to remain and thrive in our local community, achieving sustainable economic growth; and to concurrently assist our unemployed and underemployed residents to achieve a higher quality of life by accessing careers in growth industry sectors. During the process used to develop the original PY 2021-2024 Local Plan, members of the FRWDB participated in discussions regarding the direction of the local workforce system over the next four years. As a result of these discussions, the following priorities have been identified: 1. Commit to a career pathway focus. This has, ostensibly, been a priority for the workforce system for nearly a decade. Still, on a practical level, the focus Fresno Regional WDB Biennial Modification to PY 2021-24 Local Plan 6 remains on jobs. The jobs focus can be blended into a larger strategy that identifies a career path for every job seeker. 2. Expand our approach to service delivery to include considerations of an “emotional quotient” or fit between what matters to people and the jobs that they do. This is likely an undervalued component in the workforce system’s career planning process and a shift in this direction could yield better outcomes for local programs, particularly in terms of job retention and career progression. 3. Ensure that every job seeker has the foundational skills to succeed in the world of work. These include strong communication, math, digital and “soft skills.” Critical thinking, problem solving, and adaptability are key to every worker’s success on the job. 4. Create and implement more programs that contextualize instruction of basic skills into vocational programs. This includes programs where English as a second language and basic education skills are embedded into job-specific skills training. 5. Recognizing the many needs, preferences, barriers, and goals of individuals seeking assistance from local workforce development programs, expand partnerships to create greater access to a broad range of services and support for customers. Such partnerships may include, for example, relationships with mental health agencies, immigrant and refugee assistance programs, and K-12 education agencies. 6. Focus on assisting workers to develop greater “career agility” by teaching skills (e.g., digital technology, process management, accounting) that cut across jobs and industries. Since these priorities were established by the FRWDB in early 2021, FRWDB management and staff, AJCC service providers, and workforce system partners have made progress in developing and implementing services, strategies, and approaches aligned with these priorities. Section V of this plan summarizes these and other issues, strategies, approaches and key considerations that FRWDB and the system partners will examine over the four-year course of this plan. B. Developing the WDB’s PY 2021-2024 Four-Year Plan Development of the Local Plan was the result of FRWDB’s significant engagement with organizations and individuals throughout Fresno County who guide, contribute to, and benefit from workforce system services. A series of community and stakeholders’ forums were held, as were several “agency-to-agency” discussions with local partners. These are summarized in Appendix 1 to this Plan. Developing the plan also involved a process of reviewing and evaluating existing partnerships, services, and systems and identifying areas that can be strengthened. FRWDB’s executive leadership led the planning process on behalf of the local board. Completing the plan took nearly approximately six (6) months, after which it was made available for public review and comment, prior to being forwarded to the Fresno Regional WDB Biennial Modification to PY 2021-24 Local Plan 7 California Workforce Development Board for review. During the biennial process to update the PY 2021-2024 Local Plan, FRWDB leadership utilized a similar strategy and, again, engaged stakeholders, the community, and workforce development board members in discussions about strengthening the system’s services. C. Impact of COVID-19 on Development of the PY 2021-2024 Plan and its Biennial Modification Every aspect of developing the original PY 2021-2024 FRWDB Local Plan was influenced by the onset on COVID-19, the ensuing public health crisis, and the myriad effects of the pandemic on businesses, schools, government operations, and the local workforce development delivery system. While the stakeholders met, discussions were held, priorities were identified, and a new four (4)-year plan was developed, the influence of the pandemic on the planning process in late 2020 and early 2021 is undeniable, as its shaped stakeholders’ views about the economy, the workforce, training, and virtually every aspect of the workforce system. While the content of the original version of the plan frequently references the pandemic, most descriptions of activities and services, are described in a “non- pandemic” context. The FRWDB Local Plan is part of the PY 2021-2024 Regional Plan developed by the San Joaquin Valley and Associated Counties Regional Planning Unit. The PY 2021-2024 Regional Plan directly addresses core issues pertaining to the role of local boards and local workforce systems in economic and workforce recovery. By the time that the 2023 biennial modification to the FRWDB Local Plan was being developed, circumstances had changed significantly. While COVID remained a concern, vaccines and various levels of post-infection immunity provided protection against transmission of the virus, thereby enabling partners to gather for in-person discussions about key elements of the plan. Furthermore, the re-opening of the economy and communities, both re-focused the efforts of the local workforce system and highlighted changing priorities for system partners in meeting the needs of job seekers and businesses. The system partners are keenly aware of changing attitudes, perceptions, needs, and priorities among customers and new approaches reflecting these changes have been embedded throughout this 2023 updated version of the plan. Fresno Regional WDB Biennial Modification to PY 2021-24 Local Plan 8 II. WIOA CORE AND REQUIRED PARTNER COORDINATION The Workforce Innovation and Opportunity Act (WIOA) includes requirements for Local Boards to establish a framework for collaboration among state and local programs that are financially supported by nineteen distinct federal fund sources. Six (6) of these programs constitute the four (4) “core partners:” the WIOA Title I Adult, Dislocated Worker, and Youth Programs; the WIOA Title II Adult Education and Family Literacy Act Program; the WIOA Title III Wagner-Peyser Act Program; and the WIOA Title IV State Vocational Rehabilitation Services Program. The core partners, together with 13 other federally supported programs, make up the WIOA-mandated One-Stop partners. The FRWDB has entered into a Memorandum of Understanding (MOU) with the organizations managing each federal program at the local level. The narrative that follows describes coordination with the WIOA core and other required program partners as prescribed by WIOA. A. Coordination with AJCC Partners and WIOA Memorandum of Understanding Throughout the last 40 years, FRWDB has built strong and effective relationships with state and local agencies that represent the One-Stop partner programs. Over the next four (4) years, FRWDB looks forward to further enhancing coordination with each of the workforce system partners. B. Overview of Local One-Stop System Partners Following is a summary of the local/regional organizations representing the 19 federal one-stop partner programs, with which the FRWDB has developed an MOU. Federal Partner Programs MOU Partner WIOA Title I Adult, Dislocated Worker, and Youth Fresno Regional Workforce Development Board WIOA Title II Adult Education and Literacy State Center Adult Education Consortium West Hills Adult Education Consortium WIOA Title III Wagner-Peyser Employment Development Department (EDD) WIOA Title IV Vocational Rehabilitation California Department of Rehabilitation (DOR) Carl Perkins Career Technical Education State Center Community College District West Hills Community College District Title V Senior Community Service Employment Program (SCSEP) SER – Jobs for Progress Job Corps Career Systems Development Corporation Native American Programs (WIOA Section 166) California Indian Manpower, Inc. Migrant and Seasonal Farmworkers (WIOA Section 167) Proteus, Inc. Jobs for Veterans State Grants EDD Youth Build Fresno Economic Opportunities Commission Trade Adjustment Assistance (TAA) Employment Development Department Community Services Block Grant Fresno Economic Opportunities Commission Housing and Urban Development E&T(FHA) Not applicable. FHA does not receive funds for an Employment and Training Program Unemployment Insurance (UI) EDD Second Chance Act Grantee GRID Alternatives Temporary Assistance for Needy Families (TANF)/CalWORKs Fresno County Department of Social Services (DSS) Fresno Regional WDB Biennial Modification to PY 2021-24 Local Plan 9 C. Memoranda of Understanding with System Partners General roles and responsibilities of each partner listed above are: x Continuous partnership building between all parties as outlined in the MOU. x Continuous partnership building and planning responsive to State requirements. x Continuous partnership between State and local representatives engaged in WIOA activities and related workforce preparation and development. x Responsiveness to specific local and economic conditions, including employer needs. x Adherence to strategic planning principles adopted by the WIOA for long range planning, including the requirement for continuous improvement. x Adherence to common data collection and reporting, including needs for modification or change. x Diligence in developing coordinated local leadership in workforce development. x Responsiveness to participant/customer needs. x Maintenance of system infrastructure. x Shared technology and information. x Performance management to measure the success of the local one-stop system overall and to enhance performance in a spirit of quality management and continuous improvement, and x Identification of each partner’s appropriate contribution to meeting the performance standards negotiated between the State of California and WDB. The MOU also indicates that infrastructure costs shall be allocated as follows: x EDD, DOR, DSS, Fresno County Economic Opportunities Commission, California Indian Manpower, State Center Community College District contribute financially to the infrastructure costs, allocated by square footage and communication costs for each partner, as outlined in the Resource Sharing Agreement. x Communication Costs: Each partner shall be allocated the communication costs at the site based upon the percentage of the number of square feet the partner commits to use relative to the total space. x In addition, partners contribute through the provision of in-kind services, such as assisting with the AJCC’s Self-Reliance Team, assisting individuals in the resource room, and providing receptionist staff. D. Coordination with AJCC Partner Programs The following information summarizes the ways in which FRWDB and the local workforce system collaborate with organizations managing the federally mandated One-Stop partner programs. WIOA Title I – Adult, Dislocated Worker, and Youth Programs: The three (3) formula-funded programs are administered by FRWDB. Services are delivered at one comprehensive and three affiliate America’s Job Centers of California (AJCCs). WIOA Title II – Adult Education and Literacy: The State Center Adult Education Consortium, which serves Fresno and Madera counties and border communities in Fresno Regional WDB Biennial Modification to PY 2021-24 Local Plan 10 Tulare County, and the West Hills Regional Consortium provide WIOA Title II adult education and literacy services in the local areas. Referrals are regularly made between the Title I and Title II programs and many participants are co-enrolled. When the California Department of Education solicits applications for services under the WIOA Title II Adult Education and Family Literacy Act (AEFLA) program, FRWDB staff reviews applications to determine how they complement the Local Plan. WIOA Title III – Wagner-Peyser: Wagner-Peyser staff is co-located in the Workforce Connection AJJC Centers in Fresno and Mendota. In addition, FRWDB and AJCC staff work with EDD to coordinate marketing and outreach to Unemployment Insurance claimants, ensuring full access to all available WIOA services. EDD and FRWDB also collaborate on Rapid Response orientations for laid off workers. WIOA Title IV – Vocational Rehabilitation: WIOA Title IV staff is co-located at the Comprehensive Workforce Connection Center. WIOA and DOR staff are cross trained in the eligibility requirements for each partner’s services in order to ensure appropriate referrals. Regular meetings are held to discuss and enhance the referral process and co-enrollments. DOR staff is available to provide technical assistance and training to AJCC and partner staff in the areas of disability awareness, assistive technology, and the use of competitive integrated employment. Carl Perkins Career Technical Education: The Carl D. Perkins Career and Technical Education Act of 2006 (Perkins IV) is a principal source of federal funding to states and discretionary grantees for the improvement of secondary and postsecondary career and technical education programs across the nation. The purpose of the act is to more fully develop the academic, career, and technical skills of secondary and postsecondary students who elect to enroll in career and technical education programs. The community colleges and the adult schools, which are the primary recipients of Perkins funding in Fresno County, regularly make referrals to and receive referrals from staff of the AJCCs. Title V Older Americans Act: SER – Jobs for Progress operates the Senior Community Service Employment Programs (SCSEP) that serves Fresno County Residents. The program offers outreach, intake, and orientation services; provides information and referrals to supportive services available to eligible individuals; provides group presentations; provides older Americans workshops; provides group counseling services; offers short-term pre-vocational services; enrolls eligible seniors who are 55+, low income, and have barriers to employment; and provides part-time, temporary on the job training through community service assignments at local nonprofits and government agencies to enrolled participants. Job Corps: Program representatives conduct eligibility determination for Job Corps services. Their principal activity at the AJCC is to promote the Job Corps program to potential applicants who are youth and young adults ages 16 to 24. The upper- age limit may be waived for individuals with disclosed disabilities who meet all other eligibility requirements. Fresno Regional WDB Biennial Modification to PY 2021-24 Local Plan 11 Native American Programs (WIOA Section 166: The FRWDB works closely with the local office of California Indian Manpower Consortium (CIMC), a one-stop system partner. CIMC staff is co-located in the Workforce Connection AJCC comprehensive center and collaborates with WIOA staff to provide referrals and co- enrollment opportunities to provide Indian and Native American Job Seekers access to all WIOA and partner services available through FRWDB’s local network of AJCCs. Migrant Seasonal Farmworker Program (WIOA Section 167): The FRWDB works closely with Proteus, Inc., which administers and operates the Migrant Seasonal Farmworker (MSFW) program in Fresno County to ensure MSFW programs services are available for eligible participants. WIOA program staff works with MSFW staff to provide referrals and co-enrollment opportunities. Veterans Services: EDD administers this program and designated Disabled Veterans’ Outreach Program (DVOP) and Local Veterans’ Employment Representatives (LVER) Specialists are stationed at the comprehensive Workforce Connection center to assist veterans seeking employment. Youth Build: In Fresno County, YouthBuild is embedded within the Fresno Economic Opportunities Commission (EOC’s) Conservation Corps Program. Corps members are required to enroll and progress in an academic program concurrent with their full or part-time enrollment in the Conservation Corps’ paid skill-building vocational training programs. Corps members lacking a high school diploma enroll in the on-site YouthBuild Charter High School of California. Trade Adjustment Assistance Act: Trade Adjustment Assistance Act (TAA) is a federal program that provides aid to workers who lose their jobs or whose hours of work and wages are reduced as a result of increased imports. The TAA program offers a variety of benefits and reemployment services to help unemployed workers prepare for and obtain suitable employment. Workers may be eligible for training, job search, and other reemployment services. Coordination with TAA generally includes co-enrollment into WIOA, which provides multiple benefits, including TAA funds being used to cover all training costs. Community Services Block Grant: The Fresno EOC supports AJCC staff with referrals, depending on eligibility requirements, to any Community Services Block Grant services and any other service available through Fresno EOC, such as Women, Infants and Children (WIC) services and Low-Income Home Energy Assistance (LIHEAP). Unemployment Compensation: The Unemployment Insurance program is generally represented in the AJCCs by EDD’s Wagner-Peyser staff. The UI Navigator is co- located in the AJCC comprehensive center to provide enhanced in-person and virtual guidance to individuals filing benefit claims and job searching. FRWDB and AJCC staff work with EDD staff to coordinate marketing and outreach to UI claimants, ensuring full access to all available WIOA services. Fresno Regional WDB Biennial Modification to PY 2021-24 Local Plan 12 Temporary Assistance for Needy Families/CalWORKs: DSS staff is co-located at the comprehensive Fresno AJCC. DSS staff function as liaisons between AJCC WIOA partner staff and DSS participants E. Partners’ Efforts to Collaborate on Co-Enrollment and Case Management In every aspect of our operations, FRWDB attempts to identify and implement strategies to achieve efficiencies and to leverage resources on behalf of the participants we serve. Co-enrollment of job seekers into programs beyond WIOA has long-been part of this approach. While we recognize that more work needs to be done to structure and strengthen our approaches to co-enrollment, we are prepared to work closely with workforce system partners to build upon existing approaches. F. Current Efforts that Foster Co-Enrollment and Co-Case Management There are many examples of ways in which FRWDB’s AJCCs have collaborated with partners to jointly serve our shared customers. For instance, under a state- funded project for English language learners, the AJCCs, WIOA Title II-funded education agencies, and several community-based agencies co-enrolled participants into education, workforce training, and support services programs to holistically support job seekers in achieving their employment goals. FRWDB also pursues various methods of collaboration with partners that promote co-enrollment of participants in two or more programs. These include: Acceptance of Partners’ Assessment Results: AJCCs will accept WorkKeys, CASAS, or TABE assessments that have been administered by other organizations within the last six (6) months. Typically, the referring organization (e.g., adult education) has already enrolled the customers for which the assessment was administered. Orienting Job Seekers to All Partner Programs: FRWDB’s AJCCs conduct orientation sessions both in person and online. These sessions provide information on the One-Stop partner programs, thereby promoting not just WIOA, but various compatible programs and services. Cross Training Staff: Under the direction of the One-Stop Operator, workforce system stakeholders participate in instruction, including cross-training, that enables staff to make informed referrals of clients to various programs. Co-Location of Partners: The WIOA core program partners, along with many of the other One-Stop partners and local stakeholders, are co-located at FRWDB’s Workforce Connection centers. WIOA staff may also be present at partner sites, such as Fresno City College’s Career Center, where they assist in supporting self- directed services and in making referrals to system partners. Intensive Collaboration with Partners: One-on-one meetings with partners, such as representatives of DOR, DSS, and Fresno County Child Support Services are common, as they help to maintain operational support of referral processes, track shared clients, and strategize regarding more effective forms of service delivery. Fresno Regional WDB Biennial Modification to PY 2021-24 Local Plan 13 G. Enhancing Co-Enrollment Strategies among System Partners As this plan is implemented, FRWDB will bring partners together to devise approaches to increase strategic co-enrollments as described in state guidance. A workgroup will collaborate on the development of processes and procedures for enhancing co-enrollments among the partners. In addition to defining methods for determining when co-enrollments are appropriate, these efforts will likely include strategies for additional training among the partners regarding programs and eligibility requirements. H. One-Stop System’s Use of Technology and Other Remote Strategies FRWDB has designed and implemented a service delivery system that reaches out to all communities across the county’s more than 6,000 square miles. A combination of brick and mortar and virtual services make up our approach to reaching the widest possible range of jobs seekers, businesses, and system partners. I. Remote Service Locations For the purposes of providing workforce development services to remote locations in the county, FRWDB broadly identifies non-urban communities under two (2) geographic designations: Rural West Fresno County including the cities of Coalinga, Firebaugh, Huron, Kerman, Mendota, and San Joaquin and the communities of Biola, Caruthers, Easton, Five-Points, Raisin City, Riverdale, and Tranquility. Rural East Fresno County, which includes the cities of Fowler, Kingsburg, Orange Cove, Parlier, Reedley, Sanger, and Selma and the communities of Auberry, Del Rey, Friant, Huntington, Prather, Shaver, and Squaw Valley. To promote access to services, FRWDB has one (1) comprehensive and three (3) affiliate AJCCs, with one (1) serving the Rural West and one (1) serving the Rural East communities of Fresno County. Currently. The site serving the West side is based in Mendota and the East side site is located in Parlier. Each site features a resource area where self-directed and basic career services are available. Job seekers using these sites have access to: phones, fax machines, and copiers; web- connected computers; information on training opportunities in demand occupations; job boards with current listings; information of partner services; and labor market information. WIOA contractors working at these sites provide individual career services to eligible job seekers. Based on demand and Job Seeker’s needs for specific services, WIOA-funded staff from the comprehensive center and one-stop partner representatives are deployed to rural affiliate centers to provide services to job seekers and to employers seeking job-ready workers. J. Use of Technology to Enhance Service Delivery to Remote Locations Over the last several years, FRWDB has continued to enhance our online presence and add to our slate of virtual services. Social distancing protocols and various Fresno Regional WDB Biennial Modification to PY 2021-24 Local Plan 14 restrictions resulting from the pandemic have accelerated our development of technology-based equivalents to FRWDB’s slate of in-person services. Orientation, eligibility, case management, workshops, and other traditional in-person services are now available in virtual formats. Video-conferencing platforms are used to deliver services and connect staff to customers. Implementation of various paperless processes enable us to further enhance service accessibility via the web. The availability of online services provides greater options for some living in rural communities. As discussed throughout this plan, even with the advancements described above, poor internet connections, lack of hardware, and insufficient digital skills limit access for many vulnerable individuals in both rural and urban communities. Bridging these gaps is a priority of this Plan. K. Coordination of Workforce Activities and Support Services Providing access to services that enable job seekers to participate and succeed in training, other workforce services, and employment is a priority for FRWDB and for other local workforce system stakeholders. Because participants’ needs for such services can be extensive and resources are limited, FRWDB has worked diligently to develop a slate of resources that makes use of WIOA funds and utilizes services from other fund sources. L. Determining Participants’ Needs for Support Services After determining a participant’s eligibility for WIOA services, AJCC staff schedules an in-person (or, possibly, virtual) meeting with the participant to develop an initial plan. This session includes an objective assessment interview. Staff engages in a discussion with the participant about specific needs and circumstances to identify appropriate services, a career pathway, suitable training, and needs for supportive services. Staff emphasizes that supportive services are provided to participants for the sole purpose of enabling their participation in WIOA-funded services, including training and employment. Based on the individual assessment and availability of WIOA funds, supportive services may be made available to the participants. A plan is developed that indicates services to be provided and identifies the most likely source of funding for such services, whether it be WIOA, a one-stop partner program, or another community resource. M. Services Available to Address Participants’ Needs and Barriers FRWDB has adopted a policy under which WIOA supportive services are capped at $1,000 per participant. Under certain circumstances, additional funds may be made available through an approved FRWDB wavier. WIOA-funded supportive services generally address needs such as assistance with childcare, clothing, housing, needs-related payments, tools, union fees, and transportation assistance, including bus passes, car repair, and mileage reimbursement. Fresno Regional WDB Biennial Modification to PY 2021-24 Local Plan 15 As indicated, WIOA is just one source of funding to meet participants’ needs for support. Many other organizations and programs also provide various forms of supportive services. In some cases, individuals will need to be determined eligible for such services and/or be co-enrolled in partner programs to access support. For other programs, various forms of support are universally available and require neither documentation of eligibility nor enrollment. These programs include the following: x Migrant and Seasonal Farmworker Program: Assistance with clothing, food, housing, tools, and union fees, transportation assistance, such as bus passes, car repair, mileage, and housing. x California Indian Manpower Consortium: Assistance is similar to that available for participants in the Farmworker program, described above. Needs-related services payments are also available. x Fresno Economic Opportunities Commission: Available are programs to assist with the cost of utilities or meet other needs, including: Low-Income Home Energy Assistance Program (LIHEAP): LIHEAP offers financial assistance to help offset an eligible Fresno County household’s home energy costs. LIHEAP can provide one payment per program year for electricity, gas, propane, wood, or oil for eligible households. Energy Crisis Intervention Program (ECIP): ECIP provides assistance to eligible households that are in a crisis situation. Examples include a household that has received a 24- to 48-hour disconnect notice or service termination by its utility company or a household facing an energy-related crisis or life-threatening emergency, including a combustible appliance. Head Start: Head Start is a no cost preschool program primarily servicing low-income families. Children must be at least three (3) years old or turning three (3) by September 1 of the year in which they apply. Head Start provides comprehensive services including education, social, emotional, health, nutritional, family support, and disability services to children and families. Women Infants and Children (WIC): WIC is a federally funded supplemental health and nutrition program that provides healthy foods, nutrition education, breastfeeding support, health and community referrals to pregnant women, new parents, and children (up to age five (5)). There are 13 service locations throughout Fresno County. x Fresno County Department of Social Services: DSS provides services to ensure individuals and families will be safe, self-sufficient, healthy, and free from distress at home, in school, or at work. Programs, services, and support include: CalFresh: This program provides monthly benefits to help low-income households purchase the food they need. CalWORKS/Welfare to Work: The Welfare to Work program provides employment-related services to CalWORKs clients to assist them in finding and retaining employment, obtaining training when necessary, and in Fresno Regional WDB Biennial Modification to PY 2021-24 Local Plan 16 upgrading to higher paying jobs that will lead to financial self-reliance. Supportive services are provided to assist with the costs of childcare, transportation, work clothing, and other items needed for employment. Referral services are also available to address barriers to successful employment such as substance abuse, domestic violence, legal, and mental health issues. General Relief: This program provides cash or in-kind services to needy individuals and childless couples and is intended to assist with the cost of food, shelter, personal needs, and other living expenses. Medi-Cal: California’s public health insurance program is designed to provide no-cost or low-cost medical benefits to low-income individuals and families. x Department of Rehabilitation: DOR supports its customers by making available supportive services, including the following: assistance with clothing, tools, and union fees; transportation assistance, such as bus passes, car repair, and mileage; assistive technology; and other resources to enable persons with disabilities to participate in training and complete work-related tasks. N. Physical and Programmatic Accessibility for Individuals with Disabilities FRWDB staff documents policies and procedures that incorporate the requirements of WIOA Section 188 and applicable provisions of the Americans with Disabilities Act (ADA). Annual program reviews include an assessment of how those policies and procedures are implemented by sub-recipients. All outreach and marketing materials include required taglines for compliance with WIOA Section 188. Equal Opportunity (EO) and ADA information and procedures are available on the FRWDB and Workforce-Connection websites. O. Facilities, Technology, and Services Supporting Accessibility For Workforce Connection facilities, a physical site review for accessibility is performed at the time of initial layout and when improvements are made. Walk- throughs are randomly performed to ensure continued compliance. Program and physical accommodations are made to customers upon request. AJCC workstations with assistive technology equipment for persons with disabilities, includes: a TTY device; handsets with volume controls and hearing aid compatible features; large 22” monitors; and large print keyboards. In addition, staff utilizes, a wireless face-to-face communication device to assist deaf and hard of hearing individuals. UbiDuo is in place at the Comprehensive Workforce Connection Center. DOR will continue to conduct an accessibility assessment for all new sites. Program and physical accommodations are made, upon request, including sign- language interpretation. Work is underway to increase accessibility of all FRWDB- sponsored websites. Fresno Regional WDB Biennial Modification to PY 2021-24 Local Plan 17 P. Staff Training FRWDB and AJCC staff have participated in various training sessions on serving individuals with disabilities. Examples of this instruction include: x Training on Equal Opportunity/Americans with Disabilities Act. x Training on TTY, which is a special device that lets people who are deaf, hard of hearing, or speech-impaired use the telephone to communicate, by allowing them to type text messages. x Mental Health First Aid Training. x Mental Health and Depression under the ADA Training (online session). Throughout the duration of the four (4)-year Plan, FRWDB intends to work closely with DOR and the other Competitive Integrated Employment Local Planning Agreement partners, and community-based agencies to identify training that would improve staff’s effectiveness in working with job seekers with disabilities. Fresno Regional WDB Biennial Modification to PY 2021-24 Local Plan 18 III. STATE STRATEGIC PARTNER COORDINATION In 2018, the State completed and published a biennial modification to California’s Unified Strategic Workforce Development Plan for Program Years 2016-2019. Within this modification, the California Workforce Development Board identified several new strategic partnerships with state-level agencies and initiatives. Guidance issued by the State Board in 2018 to Local Boards regarding two-year modifications to their PY 2017- 2020 Plans required that WDBs pursue these partnerships within their jurisdictions. In our 2019 modification to the Local Plan, FRWDB described these local level relationships, some of which were in an early stage of development. Following is a summary of the evolution of these strategic partnerships as well as approaches under consideration to further strengthen collaboration with local providers and programs. A. Coordination with County Human Services Agency and Other Local Partners That Serve Individuals Accessing CalFresh Employment and Training Services Fresno County Department of Social Services (DSS) staff are co-located at the Fresno AJCC and have successfully for many years provided support to the WIOA staff to validate Welfare-to-Work, CalWORKs, and CalFresh recipients’ eligibility for co-enrollment into the WIOA program. DSS and AJCC staff are continuously looking for ways to improve the coordination of referrals to avoid duplication of services and expedite co-enrollment for CalFresh, Welfare-to-Work, and CalWORKs recipients’ and to ensure they are receiving appropriate assistance with job search activities, soft skills development, and work-based learning opportunities (e.g., on-the-job training, transitional jobs) that will pay wages as participants learn. DSS was one of the first in California to pilot a CalFresh Employment and Training (CFET) program. As an extension of the pilot, DSS contracts with local community- based organizations and other agencies to assist CFET participants in finding employment. In 2023, DSS anticipates that the agency will reprocure providers for the CFET program and may adjust the model currently used for service delivery. B. Coordination with Local Child Support Agency and Other Local Partners That Serve Individuals Who Are Non-Custodial Parents While the CWDB issued initial guidance to local boards in 2018 regarding requirements to develop relationships with Child Support Services agencies, FRWDB and the Fresno County Department of Child Support Services (DCSS) were already working together. Under a process agreed to by all parties, non- custodial parents (NCPs) who are in contempt of court due to unpaid child support payments are mandated to participate in WIOA services. Such individuals are provided a “job training referral form” from DCSS instructing them that they must register with a Workforce Connection Center within ten days and provide a center- generated “participation report” upon the NCP’s next court hearing. The referred NCP understands that the referral is an order of the court, and that non-compliance will be deemed a violation of the court order. When NCPs contact Workforce Connection staff, they participate in an orientation and subsequent eligibility determination and enrollment processes that are similar Fresno Regional WDB Biennial Modification to PY 2021-24 Local Plan 19 to those experienced by other job seekers. Non-court-ordered NCPs may also be referred to a Workforce Connection Center, but participation in workforce services is voluntary. For those whose participation is mandatory, AJCC staff provides follow-up with the Courts to provide updates and reports on participant progress and outcomes in the program. C. Coordination with Local Partnership Agreement Partners Established in Alignment with the Competitive Integrated Employment Blueprint and Other Local Partners That Serve Individuals with Developmental and Intellectual Disabilities In 2018, the California Department of Education, DOR, and the California Department of Developmental Services developed the Competitive Integrated Employment (CIE) Blueprint, which is a five (5)-year plan to assist people with intellectual disabilities and development disabilities (ID/DD) prepare for and secure a job earning at least minimum wage working in the community with people without disabilities. The goals of the Blueprint are to: x Help the three (3) state departments work together to better support people with ID/DD who want a CIE job. x Create more options for people with ID/DD to prepare for and get a CIE job. x Help people with ID/DD to make their own choices about working in the community. In 2018, the CWDB and EDD issued guidance to FRWDB on the development of a 2019 biennial modification to our four-year Local Plan. This guidance required that FRWDB connect with and seek to participate in the efforts of local partners (local education agencies, the DOR district office, and the regional center) to deliver CIE services as outlined in a Local Partnership Agreement (LPA). These agreements articulate the ways in which local partners will work together to streamline service delivery, engage their communities, and increase CIE opportunities for individuals with ID/DD. LPAs are the result of conversations and enable the local partners to determine strategies that will work best for them and the populations they serve. The core partners in the Fresno LPA are: Local Education Agency Partners: Clovis Unified School District, Fresno County Superintendent of Schools, and Fresno Unified School District. Department of Rehabilitation: DOR Fresno Branch Office. Regional Center Partners: Central Valley Regional Center (CVRC). The LPA also acknowledges the participation of the following non-signatory “community partners:” DOR vendors, stakeholders, collaborative contract partners, College 2 Career Project Search, Youth Leadership Training Program, Transition Partnership Programs, and work-based training programs. While not explicitly named as a partner, FRWDB and our network of AJCCs fit into several of the categories listed above. As an updated agreement is developed, FRWDB will request that we be included as a community partner. Fresno Regional WDB Biennial Modification to PY 2021-24 Local Plan 20 FRWDB and services provider staff have participated in discussions with the core partners. FRWDB remains committed to participating as a stakeholder in the competitive integrated employment goals of the LPA. FRWDB will work with DOR, its service providers, the regional center, and Workability programs to: x Provide career services to job seekers with ID/DD. x Support DOR in using an assets-based approach to promoting CIE to local businesses, and x Work with DOR and other stakeholders to encourage businesses to take advantage of work-based learning strategies to initially integrate individuals with ID/DD into the workforce. Local DOR leadership has committed to ensuring that FRWDB staff and representatives are included in the regularly scheduled LPA meetings. D. Coordination with Community-Based Organizations and Other Local Partners That Serve Individuals Who are English Language Learners, Foreign Born, and/or Refugees English Language Learners (ELLs), foreign born individuals, and refugees have always been key target groups for the local workforce development delivery system. Nearly 55% of the county’s population is Hispanic and more than ten percent (10%) are Asian. Approximately 20% are foreign born. While many individuals from these groups come to the workforce system seeking assistance to prepare for and find employment, many also need services such as English language skills instruction. FRWDB works closely with many organizations to serve this population and continuously strives to improve services for ELLs and other vulnerable populations. E. Partners in Serving ELLs and Immigrants Adult education programs and the community colleges have long been important partners in providing English as a Second Language instruction and other basic education skills to ELLs and immigrants. AJCC staff regularly refers clients to WIOA Title II programs and other training to assist customers in building their English proficiency, increase other basic education skills, and provide support in earning a high school diploma or equivalency credential. FRWDB and AJCC staff collaborate with other organizations and programs to provide education, job skills training, and placement support to ELLs and immigrants. These partners include, but are not limited to, the Central Valley Immigrant Integration Collaborative (CIVIIC), Central California Legal Services, Proteus, Inc, DSS, The Fresno Center, Fresno Interdenominational Refugee Ministries (FIRM), and Centro La Familia. F. Strengthening Services for this Vulnerable Target Group Since the publication of our PY 2017-2020 Local Plan and its 2019 modification, in which we discussed services for ELLs and immigrants, FRWDB has increased staff’s awareness of community agencies serving this population and, consequently, cross referrals between community-based organizations and AJCCs Fresno Regional WDB Biennial Modification to PY 2021-24 Local Plan 21 has also increased. Other efforts to improve accessibility of services to ELLs, foreign born individuals, and refugees have included: x Co-location of State Center Adult Education Consortium staff at the AJCC, which has increased efforts to assist participants with enrollment in high school equivalency preparation and ESL classes; referrals for financial aid; and assistance with college applications. x Increased promotion of WIOA and other workforce services in social media and on Spanish and Hmong language radio. x Referrals to organizations such as FIRM and The Fresno Center to provide wrap-around educational and employment services in customers’ native languages. x Increased collaboration with DSS to assist CalWORKs participants through co-case management and coordinated referrals for job readiness, education, training, and supportive services. x Increased availability of translation services for non-English-speaking customers. Fresno Regional WDB Biennial Modification to PY 2021-24 Local Plan 22 IV. WIOA TITLE I COORDINATION The following narrative addresses services, activities, and administrative requirements of FRWDB under the WIOA Title I formula programs, along with strategies for staff preparation, training, and ongoing professional development to effectively respond to participant needs. A. Staff Training and Professional Development to Increase Digital Technology Skills FRWDB has updated and enhanced the role of the One-Stop Operator, which among its various duties, will be responsible for managing a training calendar for center staff and system partners and coordinating on-going training activities. This will ensure that FRWDB front-line staff located at the AJCC and partner representatives have up-to-date skills and knowledge necessary to work in an environment where they can communicate, access, and provide information through a variety of digital tools, such as web-based data systems, online video- conferencing platforms, social media, email, text messaging, and more. Training in digital technology will concentrate on four (4) skill areas: B. Skills that Enhance Work Productivity The focus will be on providing group training and identifying tutorials, webinars, workshops, and learning strategies related to uses of technology to support managing time while working remotely; conducting effective meetings; closing any technology skill gaps: and remote communications. C. Skills that Enable Learning on a Wide Range of Topics from a Variety of Sources To ensure that staff members are able to successfully participate in training directly related to their jobs and to education and training activities that are part of their overall goals for professional development, training will be provided on various applications and platforms used in distance learning. Instruction will include remote communications via the web, sharing documents in an online classroom setting, streaming videos, and related skills. D. Skills that Enhance Knowledge of Economic Issues, the Labor Market, and the Economy Economists, labor market analysts, businesses, educators, and workforce development professionals utilize many online data management tools to access information that supports their work. Training will be provided in effective uses of these tools and technologies. E. Skills that Improve the Capacity to Virtually Serve Job Seekers and Business Customers Staff will participate in training to elevate their skills in using online platforms to conduct virtual workshops and interactive sessions with customers, partners, Fresno Regional WDB Biennial Modification to PY 2021-24 Local Plan 23 colleagues, and others. They will also learn to use software to obtain digital signatures and the complete e-forms. To ensure that staff’s skills remain up to date with new technology and that new staff are exposed to the digital technology applications they need to work effectively in their roles, training will be provided annually, and refresher courses will be provided on an ongoing basis. During the development of the 2023 Biennial Modification to the PY 2021-2024 Local Plan, it was noted that progress has been made in the following areas since the Plan was implemented. x Training has been provided on using the Linkedln Learning platform. x Unite Us training was conducted for staff. x Training has been provided regarding the use of digital files. x IMAGO led training on virtual workshops. x Training on CalJOBS℠ applications and utilities remains ongoing. x System partners have offered training on various programs and topics, some of which have included discussions of technology platforms and systems. x An annual calendar for workforce system staff training is being developed. x FRWDB plans to hire a training coordinator. F. Frontline Staff Training and Professional Development to Increase Cultural Competency and Effectiveness in Working with Individuals and Groups that Have Been Exposed to Trauma Fresno County’s population is racial and ethnically diverse, and this diversity is reflected in the customers who use Workforce Connection services. In addition, workforce system staff estimates that a significant number of the customers they see may have experienced various forms of trauma based on vulnerable groups that they represent, along with the wide-ranging traumatic effects of the pandemic. While cultural competence and issues pertaining to customers dealing with trauma are areas in which workforce system staff can benefit from training, little instruction on these topics has been provided to workforce system staff in Fresno or elsewhere. Based on a preliminary review of training opportunities and the skill needs of frontline staff and partners, the following summarizes initial plans to expand training in these areas. G. Training in Cultural Competence Skills Training will be provided to support staff’s understanding of the general characteristics of cultural diversity, cultural norms, and cultural differences. Staff will understand the importance of respecting individual cultural experiences, learn to better communicate with others to understand and address potential barriers to service, and develop greater cultural sensitivity within the workplace. Staff will become more aware of their own cultural beliefs and culturally related behaviors, and potential power imbalances, privileges, or biases when providing services. Training will be provided annually. Fresno Regional WDB Biennial Modification to PY 2021-24 Local Plan 24 H. Training to Enhance Skills in Working with Individuals Dealing with Trauma FRWDB staff will identify and facilitate training on working with trauma-exposed participants. This will include developing skills to promote conversation; learning how to respond to disclosure; integrating participants’ safety when providing services, advocacy, outreach; and trauma-informed care. FRWDB will partner with local community agencies to share expertise, provide assessments, encourage participants to join support groups, share resources, and coordinate services. DSS has provided training in this area. I. Identifying and Securing Training FRWDB will continue to seek qualified trainers in the areas of cultural competence and trauma-informed approaches. The Regional Organizer for the San Joaquin Valley and Associated Counties Regional Planning Unit is also active in surveying local board regarding their staff training needs and in securing regional training in key topics in which WDB staff and partner representatives can participate. J. Coordination of Rapid Response and Layoff Aversion Activities FRWDB’s overall approach to rapid response and layoff aversion activities is one that focuses first on maintaining business stability so that companies and workers can compete and thrive. Delivery of these services fits into FRWDB’s overall approach to business services, recognizing that the workforce development system’s success hinges on the ability of businesses to create, maintain, and grow jobs for workers. K. Approach to Layoff Aversion Industry sectors whose strength will have the most significant impact on the future of the workforce area are the most appropriate targets for layoff aversion efforts. The FRWDB takes into consideration key factors for identifying such sectors. They are industries that: x Pay middle-class wages and benefits and offer job and training ladders for low-income populations. x Create greater economic spin-off activity (i.e., an economic multiplier effect). x Offer diversification of the economy. x Provide a foundation for new industries clusters. The FRWDB focuses on a combination of industries that provide the greatest positive impact for the regions. Early Warning System Network: Key economic stakeholders comprise the Early Warning System (EWS) network, which identifies and tacks vulnerable companies and industry sectors that might benefit from layoff aversion strategies. The EWS network identifies companies at rick of closing or moving operations before actual decision are made by the businesses to shut down or move. The FRWDB’s EWS network includes local, state, and federal agencies, chambers of commerce, industry groups, organized labor, and telecommunications/media companies, along with community-based and community development organizations. Fresno Regional WDB Biennial Modification to PY 2021-24 Local Plan 25 Detecting early warning indicators is a strategy that complements other information gathered through the EWS network and aids in identifying and tracking companies in possible distress. Information sources include, but are not limited to: x Worker Adjustment and Retraining Notification Act (WARN) notices, which is useful in analyzing layoff activity by industry sector and occupations being laid off. x Major trade journals, business journals, and local or regional newspapers. x Dun & Bradstreet, EconoVue™, or Experian®, which provide information on companies and industries under stress. Relevant information can be found in the financial stress score, the commercial credit score, and through other indicators. x Direct referrals. x Changes in management behavior. x Removal of equipment. x Sign of a “cash crunch” or unanticipated cutbacks. FRWDB’s Business Services Center staff, with support from AJCC staff, provide layoff aversion services that include: Pre-Feasibility Studies: These studies provide objective evidence as to the likelihood of an employer remaining operational and, if so, under what conditions. Typically, pre-feasibility studies assess various features of an employer's operations such as: organizational structure, marketing, operations/manufacturing, and financial management. Asset Mapping: This activity identifies and creates an inventory of community resources in local workforce development areas. Assets may include many of the organizations in the EWS network. Business Turnaround Services: These services are provided when it is determined that an employer needs intervention beyond the menu of services provided by the EWS network and community partners. Services will be provided through an outside entity with expertise in business turnarounds. Potential employers are thoroughly assessed for intervention suitability based on early warning indicator data. Specific business turnaround services include the following: financial restructuring; operations and cost management; new market and product development assistance; production of business plans, financial projections, and financing memorandum; developing labor management partnerships; assistance in acquiring new equipment; assistance with training grants; and assistance with loans and guarantees. Incumbent Worker Training: To assist in averting layoffs, Incumbent Worker Training (IWT) can be provided. Such training is an important strategy for meeting an employer's needs for skilled workers and can take place in or out of the workplace and during or after employees' work hours. Employer and worker assessments are conducted to determine whether the provision of IWT is appropriate. Fresno Regional WDB Biennial Modification to PY 2021-24 Local Plan 26 Work Share Unemployment Compensation Program: The Work Share Program offers an alternative to businesses facing a reduction in force. Under the Work Share Program, an employer reduces the hours of work each week among a specific group of employees instead of laying off the employees. Wages lost to the employee due to reduced hours are offset by the receipt of UI benefits. L. The Rapid Response Team and Services When a WARN notice is issued, the FRWDB Rapid Response team proceeds with the activities described above. If, in meeting with business representatives, it becomes clear that layoffs are inevitable, the focus turns to the assisting affected workers as quickly as possible, providing them access to UI and with information and support that will result in their rapid reemployment. FRWDB coordinates services through a Rapid Response Team that connects affected employees to the one-stop system. The Team includes: FRWDB; EDD; Fresno County Department of Social Services; Community Housing Council; Clinica Sierra Vista; Fresno County Public Library; California Department of Insurance; Fresno4Biz (entrepreneurship); and local utilities. Within 48 hours of notice, Rapid Response Team members will have met with business and labor representatives (as applicable) and organized orientations at the worksite(s) for employees to provide them information on a wide range of services and support. By connecting workers to Workforce Connection services (or those of the workforce system in the county where they live) the Team’s objective is to quickly assess workers’ skills, identify the needs for any training or support, and make referrals to employment opportunities which are aligned to the laid off individual’s skills, experience, and needs. Many workers are quickly reemployed, while others train for new skills prior to returning to work. M. Coordination with Trade Adjustment Act When a company closure, downsizing, or relocation is caused by foreign competition, FRWDB and EDD collaborate to provide TAA and WIOA services to the affected employee(s) as needed. Such situations often result in the co- enrollment of workers in both programs, as TAA is able to cover all costs of re- training for affected workers, while WIOA addresses needs for case management, re-employment readiness services, and job placement support. N. Coordination with Other Key Partners In addition to collaborating with the partners that comprise the Rapid Response Team, FRWDB’s business services staff participates in the Central Valley Industry Engagement Roundtable (CVIER) quarterly convenings, which are largely focused on regional trends, including layoffs and identification of industries and businesses in distress. The roundtables provide the opportunity for regional staff to share best practices that are of value to businesses and employees. Additionally, FRWDB communicates regularly and effectively with state advisors on Rapid Response activities. Fresno Regional WDB Biennial Modification to PY 2021-24 Local Plan 27 O. Services and Activities Available under WIOA Title I Adult and Dislocated Worker Programs FRWDB offers a wide range of services for job seekers enrolled in the WIOA Title I Adult and Dislocated Worker programs. Services meet the needs of individuals with various levels of education and work experience and job seekers from vulnerable populations who may have one (1) or more barriers to employment. Services are designed to prepare participants for entry-level and higher positions with businesses in Fresno County, particularly businesses within the priority sectors that are identified in the San Joaquin Valley and Associated Counties PY 2021- 2024 Regional Plan https://frwdb.net/wp-content/uploads/2022/11/RegionalPlan- Sjvac-Py21-24-FInal-3.15.21.pdf. P. One-Stop Delivery System FRWDB maintains four (4) Workforce Connections/AJCC locations: One (1) comprehensive site in Fresno and three (3) affiliate sites, which are located in Fresno, Mendota, and Parlier. Core and AJCC partners are co-located on a full- time, part-time, or by appointment at the comprehensive and affiliate centers. staff utilize technology for partner referrals and co-enrollment to ensure participants have access to all workforce system services. This technology includes Unite Us, CalJOBS℠ common case management system, e-mail, cloud data repositories, and web-based virtual platforms. Under FRWDB’s current model, one (1) contractor provides WIOA Adult program services and another contractor provides Dislocated Worker program services across Fresno county. FRWDB’s service model ensures services are available for individuals with barriers to employment who may require longer-term career and training services. Efforts are being made to bring more services online to create greater access. This is especially important as Fresno County is largely rural with limited public transportation. As one means of promoting greater access to web- based services, FRWDB will provide training on digital literacy. Q. WIOA Adult and Dislocated Worker Services FRWDB’s AJCC system offers three (3) levels of career services: Basic Career Services, Individualized Career Services, and Training Services. These are supplemented by follow-up services. Services are provided in no specific sequence. Instead, services are tailored to meet the needs of individuals while still allowing for tracking of outcomes for reporting purposes. Basic Career Services: Basic Career Services are made available to all individuals, and include: x Outreach, Intake and Orientation to services that are available to all job seekers. Once applicants view an online orientation, they are able to submit an appointment/referral request form. x Determinations of Eligibility for WIOA. Individuals who do not meet WIOA eligibility criteria may continue to access basic career services and may be referred to partner programs and those of community-based agencies. Fresno Regional WDB Biennial Modification to PY 2021-24 Local Plan 28 x Initial Assessment of Skill Levels are conducted that address literacy, numeracy, and English language proficiency, as well as aptitudes, abilities, and supportive service needs. x Labor Market Information is available including job vacancy listings, information on in-demand industry sectors and occupations, regional labor market information, and information on nontraditional employment. x Partner Information and Referrals are based on individual needs and requests from customers. x Training Provider Information includes data on performance and costs of programs offered by eligible providers of training services, adult education, and career and technical education. x Assistance in Establishing Eligibility for Programs of Financial Aid Assistance for training and education programs not provided under WIOA; x Supportive Services Information includes types, limits, and sources. x Unemployment Insurance Information Assistance includes support for filing unemployment compensation claims. A Self-Reliance Team, which is comprised of AJCC provider staff, is responsible for interviewing participants who have requested Individualized Career or Training services. The purpose of this interview is to determine the best course of action for the participant to prepare for employment. Individualized Career Services: These services are provided when needed for an individual to obtain or retain employment. AJCC staff relies principally on assessments to determine the need for and appropriateness of individualized career services. Included are: x Job Readiness Workshop: This activity is comprised of modular, hands-on, engaging activities that focus on eight key skill areas: Adaptable and Productive Problem Solver; Digital Literacy; Learning, Creativity and Adaptability; Communicator and Collaborator; Responsible and Ethical Decision Maker; Life Skills; Personal Development; and Resumes. x Skills Assessments: These include computerized O*NET Interest Profiler and Work Importance Profiler (Values/Importance) assessments and WorkKeys® Applied Math, Workplace Documents, and Graphic Literacy assessments. x Individual Employment Plans: These customized plans are developed through an in-depth interviewing and evaluation process to identify employment barriers and appropriate employment goals. The plan outlines activities to attain career objectives. x Interview Workshops: Participants are exposed to interviewing techniques and strategies. They are presented with examples of strong responses to interview questions. At the end of each module of this training, participants complete module worksheets creating a personalized answer to commonly asked questions. x Group or Individual Counseling x Transitional Jobs. x Financial literacy services are provided based on individual needs. Fresno Regional WDB Biennial Modification to PY 2021-24 Local Plan 29 x Supportive services, including services such as transportation, childcare, uniforms, and tools required for employment. x English language acquisition and integrated education and training programs are provided based on individual need. x Job Readiness Assistance. x Job Search and Placement Assistance. Training Services: FRWDB provides access to a wide range of training programs, which fall broadly into two (2) types: institutional (classroom) training programs, and work-based training programs, which are developed directly with employers and include activities such as on-the-job training, transitional jobs, or customized training. x Occupational skills training, including training for nontraditional employment. x On-the-job training. x Incumbent worker training. x Programs that combine workplace training with related instruction, which may include cooperative education programs. x Training programs operated by the private sector. x Skill upgrading and retraining. x Entrepreneurial training. x Transitional jobs. x Adult education and literacy activities. x Customized training conducted with a commitment by an employer. R. Follow-Up Services For 12 months, follow-up services may be provided to participants, including technical skills training, counseling, mentoring, crisis intervention, life skills, or emergency support required to sustain long-term employment. S. Priority of Service As outlined in the guidance provided in EDD Workforce Services Directive WSD 15-14, priority is provided in the following order: x Veterans and eligible spouses, who are also recipients of public assistance, are low income or are basic skills deficient. x Adults who are recipients of public assistance, are low income, or are basic skills deficient. Priority status is established during eligibility. Before determining eligibility, all applicants complete an initial CASAS assessment to determine if they are basic skills deficient. Whether an applicant is unable to compute or solve problems or read, write, or speak English at a level necessary to function on the job, in the individual's family, or in society is determined through structured assessments and observation by the eligibility staff. FRWDB has established guidelines for AJCC staff to obtain and maintain appropriate documentation to support any of the criteria listed under the priority of Fresno Regional WDB Biennial Modification to PY 2021-24 Local Plan 30 service. If staff is unable to obtain the required supporting documentation, a waiver request must be submitted and approved prior to the use of self-attestation (i.e., an applicant statement). T. Services and Activities Available under WIOA Title I Youth Program FRWDB’s Young Adult Services program serves WIOA-eligible individuals ages 14 to 24, offering a wide variety of services that are customized to the needs of and preferences of each participant. U. WIOA Youth Programs and Service Delivery Sites Youth programs are delivered by competitively procured providers with experience in offering workforce development services to both in-school and out-of-school youth. Youth services are delivered across Fresno County from two (2) urban and two (2) rural locations. These locations ensure that services are within reasonable distance to youth no matter where in the County they reside. During the pandemic, most youth services were delivered remotely through various online platforms such as Zoom, Google Meets, WebEx, and MS Teams. Currently, all services are provided either in-person or through hybrid modalities, depending on the needs of youth participants. In 2023, FRWDB will finalize a new procurement for WIOA Title I Youth program providers. V. Youth Services Services and activities fall broadly into three (3) categories to which youth are oriented when they first inquire about the program: Academic Assistance: Services include tutoring in reading and math; high school diploma and GED assistance; dropout re-engagement assistance; college and vocational training preparation assistance; and assistance in preparing for and transitioning to post-secondary education or career technical education. Job Readiness: This process prepares youth to succeed in the Fresno County labor market by allowing the youth to explore and develop employability skills through activities such as: soft skills job readiness workshops; interview preparation workshops; work-based learning opportunities; pre-apprenticeship opportunities; vocational skills training; entrepreneurial training; leadership activities; career guidance, coaching, and counseling; and job placement assistance. Follow-up services: Support and guidance from an Academic and Career Advisor is provided to youth for up 12 months after WIOA closure. This may include links to mentoring programs, personal and leadership development opportunities, financial literacy workshops, supportive services, and education and employment referrals. The program makes available all 14 WIOA-required Youth Program elements. Specific services aligned to these required elements include the following: Orientation: All youth interested in receiving services are provided with a WIOA youth orientation which provides an introduction and exposes youth to all features and benefits of the program. Fresno Regional WDB Biennial Modification to PY 2021-24 Local Plan 31 Eligibility Determination: Youth meet with one-on-one with a staff member to complete eligibility determination. The meeting may be conducted in-person or through videoconferencing. Eligibility documents are submitted via the CalJOBS℠ secure messaging system, or they may be collected in person. Applicants 18 years and older who are not eligible for WIOA youth program are referred to the AJCC for use of Basic Career Services and eligibility determination for Adult and/or Dislocated Worker programs. Objective Assessment: This evaluation examines barriers, skills, education, needs for supportive services, and career and employment goals. Basic Skills and Career Assessments: CASAS provide an initial assessment of skill levels including literacy, numeracy, and English language proficiency. O*NET (Interest Profiler and Work Importance Profiler) considers aptitudes and abilities, and helps to identify skills gaps; and the WorkKeys® assessment includes Applied Math, Workplace Documents, and Graphic Literacy and help to match career goals Individual Service Strategy (ISS): This customized service strategy plan is a “living” document that addresses all of the following factors affecting participants’ readiness to achieve educational and employment goals. It may be updated and adjusted throughout a youth’s participation in the WIOA program. x Labor Market Information, including research and information on high demand occupations, minimum requirements for jobs, career exploration, and career counseling. x Referrals to services that address each youth’s needs and preferences. x Postsecondary education information including career technical education, short-term vocational skills certifications, and college enrollment. x Assistance with financial-aid applications for education programs that are not covered under WIOA. x Supportive Services and/or referrals for supportive services assistance from partner agencies for childcare, transportation, housing, food, uniforms, work attire, tools, and more. x Leadership Development through academic; personal development, and community and civic awareness. Job Readiness Workshops: This required two-week activity addresses soft skills, digital literacy skills, financial literacy, and building a strong resume. Job Readiness Assistance: These activities include career guidance, coaching, counseling, identifying and overcoming potential barriers to employment, resume writing, interview preparation, job search, and job placement assistance. Individual Comprehensive Counseling and Guidance: All WIOA enrolled youth are assigned to an Academic Career Advisor that provides one-on-one assistance to guide and support the academic and employment goals of the youth. Mentorship: Adult partner role model mentorship is available during program participation and for up to 12 months of program follow-up. Fresno Regional WDB Biennial Modification to PY 2021-24 Local Plan 32 Work-Based Learning/Work Experience: Up to 200 hours of paid, hands-on learning experience that includes occupational and academic components. Training Services: Activities include occupational skills training; entrepreneurial training; adult education and literacy activities; on-the-job training; and internships in combination with training. Activities to Prepare for and Transition to Post-secondary Education and Training: Connect youth with direct referrals to postsecondary education counselors in the community colleges and assist with college and financial aid applications. Follow-up Services: Youth are provided with no less than 12 months of follow-up services that may include assistance to retain employment, referrals to other community services, connections to adult mentorship programs, information on entrepreneurial programs, and other support services, as needed. W. Services to Increase the Digital Skills of Youth Many youth may have access to an electronic device, such as a cell phone, tablet, laptop, or desk top computer. Others do not. Digital access problems for portions of Fresno County include poor or no internet connection, especially in the rural areas. For youth participants, there may also be engagement issues, such as not wanting to turn on web camera during virtual meetings, lack of participation, and lack of motivation. FRWDB has adopted a technology assistance supportive service policy that allows WIOA enrolled participants who do not have access to a computer or other electronic device to check out a laptop as needed to participate in and complete WIOA activities. Hot spots are also available on an as needed basis. The majority of youth are familiar with commonly used software applications, social media communication, email, and messaging. However, youth may still need assistance to address the appropriate use of video-conferencing platforms, proper web-based communications, virtual training, and document submission. FRWDB’s Young Adult Services program provides an introduction to digital literacy during the initial two (2)-week job readiness workshop and continues to provide one-on-one or group discussions and assistance, as needed, throughout program participation. Youth also have access to computers, printers, scanners, and a fax machines. In addition, Academic Career Advisors may assign Linked-In Learning curses that can be facilitated in the office or be completed independently. X. Serving Youth with Disabilities The Young Adult Services program ensures that all youth participants, including youth with disabilities, receive the same types and quality of services and level of support to achieve their career planning, education, skills training, and employment goals. To ensure that services for individuals with disabilities meet their full range of needs, WIOA staff may collaborate with DOR, Central Valley Regional Center, instructors and staff from local special education programs, and community-based organizations to develop effective service strategies. Fresno Regional WDB Biennial Modification to PY 2021-24 Local Plan 33 Y. Entity Responsible for Disbursal of Grant Funds and the Competitive Process Used to Award Contracts for WIOA Title I Activities The Fresno Area Workforce Investment Corporation is authorized as the entity responsible for the disbursal of grant funds under the Administrative Services Agreement that has been executed with the FRWDB. The FRWDB competitively procures AJCC Operator, Adult and Dislocated Worker Program Career Services, and Youth services providers. AJCC Operator services are procured every four (4) years and WIOA Adult, Dislocated Worker, Youth Program services are procured every five (5) years. All programs and functions (except the Youth Program) were re-bid in 2021 and began operating effective July 1, 2021, in tandem with the implementation on the original PY 2021-2024 Local Plan. The WIOA Youth Program will be competitively procured in 2023. Z. How the Local Board Fulfills the Duties of the AJCC Operator and/or the Career Services Provider or Selection of AJCC Operators and Career Services Providers FRWDB competitively procures the services of both an AJCC/One-Stop Operator (OSO) and career services providers for the WIOA Adult and Dislocated Worker Programs. AA. AJCC Operator Function The OSO is responsible for coordinating the service delivery, responsibilities, and contributions of required WIOA partners as agreed upon in the FRWDB WIOA Partner MOU. Specific duties and responsibilities include the following: x Convening meetings to support implementation of the FRWDB’s MOUs between WIOA One-Stop partners. x Coordinating with the One-Stop partners to develop agendas and facilitate meetings. x Convening monthly site council (partners delivering services at specific centers) meetings to ensure service coordination. x Convening quarterly system-level partner meetings. x Convening other partner meetings required to support MOU implementation. x Implementing policies established by the FRWDB. x Ensuring the implementation of partner responsibilities and contributions agreed upon in the FRWDB’s MOUs. x Coordinate with other WDBs and operators for regional planning purposes, as directed by FRWDB staff. x Coordinating with partners in program design, implementation, and capacity building/staff development, and x Completing other duties that may be necessary to fulfill WIOA requirements of and maintain compliance as an OSO. The OSO will also assist FRWDB staff in meeting continuous improvement goals established as a result of the One-Stop certification process. These currently include: Fresno Regional WDB Biennial Modification to PY 2021-24 Local Plan 34 x Developing and implementing a process to survey partners’ satisfaction with the AJCCs and the overall workforce system, along with the value they believe the AJCCs provide their program and customers, and x Establishing and maintaining a structured annual training and professional development schedule for One-Stop staff. BB. Career Services Provider Function The career service provider function involves the implementation and delivery of career services and follow-up described in section IV.D, above. Fresno Regional WDB Biennial Modification to PY 2021-24 Local Plan 35 V. CONSIDERATIONS FOR PROGRAM YEARS 2021- 24 Based on discussions held throughout the planning process utilized to develop the original PY 2021-2024 Local Plan, the following topics were identified as priorities for further exploration, development, and/or enhancement for the FRWDB and the partners over the four (4)-year active period of the Local Plan. The Plan was carefully reviewed by staff, partners, community stakeholders, and others during the biennial modification process. Based on this review, the priorities below have been refined and, for some, progress updates are provided. A. Priorities of the Workforce Development Board 1. Commit to a career pathway focus. This has, ostensibly, been a priority for the workforce system for nearly a decade. Still, on a practical level, the focus remains on jobs. The jobs focus can be blended into a larger strategy that identifies a career path for every job seeker. 2. Expand our approach to service delivery to include considerations of an “emotional quotient” or fit between what matters to people and the jobs that they do. This is likely an undervalued component in the workforce system’s career planning process and a shift in this direction could yield better outcomes for local programs, particularly in terms of job retention and career progression. 3. Ensure that every job seeker has the foundational skills to succeed in the world of work. These includes strong communication, math, digital and “soft skills.” Critical thinking, problem solving, and adaptability are key to every worker’s success on the job. 4. Create and implement more programs that contextualize instruction of basic skills into vocational programs. This includes programs where English as a second language and basic education skills are embedded into job-specific skills training. 5. Recognizing the many needs, preferences, barriers, and goals of individuals seeking assistance from local workforce development programs, expand partnerships to create greater access to a broad range of services and support for customers. Such partnerships may include relationships with mental health agencies, immigrant and refugee assistance programs, and K-12 education agencies. 6. Focus on assisting workers to develop greater “career agility” by teaching skills (e.g., digital technology, process management, accounting) that cut across jobs and industries. B. Other Key Considerations Identified by Workforce System Stakeholders 1. In recognition of their standing with underserved and vulnerable populations, expand the use of Community-Based Organizations as assess points or “on- ramps” to the AJCCs and the local workforce development delivery system. 2. Expand efforts to increase outreach to immigrant communities and identify strategies to bridge gaps in services to foreign born individuals. FRWDB has Fresno Regional WDB Biennial Modification to PY 2021-24 Local Plan 36 secured and continues to pursue funding to support these efforts under programs such as state-funded Equity and Special Population and the Breaking Barriers grant. 3. Provide additional training for staff on serving individuals with disabilities. FRWDB has secured training from DOR, including its Windmills series, along with information on disability etiquette. 4. Collaborate with state, county, and municipal officials in developing solutions to address the digital divide affecting rural and low-income communities. Strategies should address insufficient internet access, a lack of technology hardware, and the need for digital skills training. FRWDB has secured 200 devices to support a program to loan them to customers and is developing specialize digital assessment and training. 5. Increase the availability of entrepreneurial skills training and work with government and business groups to support new business start-ups as the Fresno area economy reopens in the post-pandemic period. FRWDB has connected to business incubator programs at California State University, Fresno. 6. Consider the FRWDB’s taking a lead role in developing a mission statement for the network of partners that comprise the local workforce development delivery system, which could be used to guide local collaboration. 7. Explore opportunities to add more virtual training/distance learning programs to FRWDB's Eligible Training Provider List as training in this format makes skills development more accessible for many job seekers. FRWDB is participating in a pilot program with the National Association of Workforce Board on securing Google certifications for participants. 8. Provide recommendations to county and municipal government agencies on strategies to improve mass transit for county residents. 9. Commit to teach job retention, a skill that many job seekers lack. 10. Develop more opportunities for upskilling and backfilling their positions with new workers as upskilled workers move forward on their career paths. FRWDB has developed an incumbent worker training program with Adventist Health. 11. Collaborate more extensively with colleges and universities in the development of career pathways that encompass occupations requiring an associates or higher degree. 12. To engage with employers more effectively, offer more training for business customers. FRWDB is providing workshops for businesses, along with sponsoring an “HR hotline” through the Sierra HR Partners. Fresno Regional WDB Biennial Modification to PY 2021-24 Local Plan 37 VI. APPENDICES The following items are included as part of the Local Plan. Stakeholder and Community Engagement Summary (Attachment 1) Public Comments Received that Disagree with the Local Plan (Attachment 2) Signature Page (Attachment 3) Public Comment (Attachment 4) Fresno Regional WDB Biennial Modification to PY 2021-24 Local Plan 38 Attachment 1: Stakeholder and Community Engagement Summary To facilitate the engagement of stakeholders in planning for the local workforce development delivery system and in the development of the PY 2021-2024 Local Plan, the Fresno Regional Workforce Development Board (FRWDB) hosted a series of three (3) community and stakeholder forums focused on topics affecting strategies and services across the system. These forums included: Vision for the Local Workforce System: How can workforce system partners and other stakeholders create a system that is more equitable, accessible, and effective? This forum was held via Zoom on December 16, 2020. Strengthening the Role of the AJCC as an Access Point for all System Partners and Programs: How can the AJCC be more effectively promoted and used as a central access point for all local workforce system services? This forum was held via Zoom on January 14, 2021. Improving Workforce System Services: How can workforce system services be made more effective and relevant for all customers, including vulnerable populations that have been underserved by traditional programs? This forum was held via Zoom on January 21, 2021. In addition, a planning discussion centered on “vision” was held with the members of the Workforce Development Board during their meeting on January 20, 2021. Through this process, six priorities were established. Where necessary, agency-to-agency discussions were held with various partners and stakeholders to improve collaboration between their programs and those of the FRWDB. Such discussions were conducted via Zoom and included meetings with: x Department of Social Services and CalFresh E&T Partners on December 8, 2020 x Economic Development Partners on December 15, 2021 x California Indian Manpower Consortium on January 12, 2021 During the development of the biennial update to the Local Plan, FRWDB hosted a community and stakeholder forum on “Economic Recovery and the Role of the Workforce System.” This forum was held in-person at the Comprehensive Workforce Connection Center in Fresno on October 12, 2022. On September 28, 2022, FRWDB leadership and staff gathered representatives of the WIOA core partners together with contracted service providers and the AJCC Operator to review content in the original version of the PY 2021-2024 Local Plan and to discuss changes and updates to be included in the Biennial Modification. In addition, a discussion was held with members of the FRWDB’s Executive Committee during their January 28, 2023, meeting. The FRWDB reviewed the six (6) priorities established as part of the PY 2021-2024 Local Plan and reaffirmed its commitment to these objectives and principles. Fresno Regional WDB Biennial Modification to PY 2021-24 Local Plan 39 The table below summarizes participation in the community and stakeholder engagement process to develop the 2023 Biennial Modification to FRWDB’s PY 2021-2024 Local Plan. Mode of Outreach Target of Outreach Summary of Attendance Comments Email and Social Media Partners, Providers of Services, Educators, and multiple CBOs. Attended in-person and Zoom forum. Engaged in planning process. Email Core partners, Providers of Services, and One- Stop Operator. Attended in-person forum. Reviewed Plan, engaged in the discussion, and planned updates for 2023 modification. Email and W ebsite Executive Committee Attended in-person Board meeting. Solicited input focusing on the six (6) priorities and engaged in the planning process. Fresno Regional WDB Biennial Modification to PY 2021-24 Local Plan 40 Attachment 2: Public Comments PUBLIC COMMENTS RECEIVED THAT DISAGREE WITH THE 2023 BIENNIAL MODIFICATION TO THE PY 2021-2024 LOCAL PLAN 1. From: California Immigrant Policy Center Date: March 2, 2023 Comment: See letter on pages 41-45 Fresno Regional WDB Biennial Modification to PY 2021-24 Local Plan 41 Fresno Regional WDB Biennial Modification to PY 2021-24 Local Plan 42 Fresno Regional WDB Biennial Modification to PY 2021-24 Local Plan 43 Fresno Regional WDB Biennial Modification to PY 2021-24 Local Plan 44 Fresno Regional WDB Biennial Modification to PY 2021-24 Local Plan 45 Fresno Regional WDB Biennial Modification to PY 2021-24 Local Plan 46 Attachment 3: Signature Page The following signatures represent approval of the Local Plan by Fresno Regional Workforce Development Board and the Chief Elected Official for the Local Workforce Development Area. For the Fresno Regional Workforce Development Board: ____________________________________________ ______________ Dennis Montalbano, Chairperson Date For the Fresno Local Workforce Area – Chief Local Elected Officials ___________________________________________ ______________ Jerry Dyer, Mayor, City of Fresno Date _______________________________________________ ______________ Sal Quintero, Chair, Fresno County Board of Supervisors Date City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-736 Agenda Date:6/15/2023 Agenda #:1.-F. REPORT TO THE CITY COUNCIL FROM:GEORGEANNE A. WHITE, City Manager Office of the Mayor & City Manager BY:BLAKE KONCZAL, Executive Director Fresno Regional Workforce Development Board PHYLLIS STOGBAUER, Senior Deputy Director Fresno Regional Workforce Development Board SUBJECT Approve and authorize the Mayor to execute the Fresno Regional Workforce Development Board’s (FRWDB’s) application through the California Workforce Development Board (State Board) for Local Board Certification for the period of July 1, 2023, to June 30, 2025. RECOMMENDATION Staff recommends Council approve and authorize the Mayor or their designee to execute the Fresno Regional Workforce Development Board’s application through the California Workforce Development Board (State Board) for Local Board Certification for the period of July 1, 2023, to June 30, 2025 EXECUTIVE SUMMARY The California Workforce Development Board (State Board) and the Employment Development Department (EDD), acting under the authority of the Governor, released a draft directive on March 13, 2023, that established policies and procedures for the subsequent designation of local areas and recertification of local boards. To be eligible for subsequent designation and board recertification, the Local Board must meet the following criteria and submit the Local Area designation and Local Board Recertification application: 1) Meet the Workforce Investment Opportunity Act (WIOA) Local Board membership requirements, 2) Meet or exceeded performance accountability measures, 3) Achieved sustained fiscal integrity and 4) Engaged in Regional Planning. The FRWDB has met all of the required criteria. The completed application has been attached for your consideration. The WIOA requires that the Local Board and the Chief Local Elected Official(s) (CEOs) for the Local Workforce Area approve and execute the application. The directive requires applications to be City of Fresno Printed on 6/20/2023Page 1 of 2 powered by Legistar™ 06/15/2023 NE/MA 7-0 APPROVED ON CONSENT File #:ID 23-736 Agenda Date:6/15/2023 Agenda #:1.-F. Workforce Area approve and execute the application.The directive requires applications to be submitted to the state by May 19,2023.In the event the Local Area is unable to obtain local approval by the submission deadline,the FRWDB may submit an unsigned copy of the application with an explanation for the absent signature(s)and the date by which the signed original will be sent.Local Areas will not receive full subsequent designation status until the signed application is submitted to the state.The application was presented to the FRWDB Executive Committee for approval at their meeting of April 19,2023.Upon your approval of this item,the application,with all required signatures will be submitted to the State Board before June 30, 2023. BACKGROUND WIOA Section 106 required Local Areas to apply for initial designation and required the Governor to approve requests for Local Areas that were designated as a Local Area under WIA,performed successfully,and had sustained fiscal integrity.After the period for which a Local Area was initially designated,WIOA Section 106 calls for a subsequent designation process and requires the Governor to approve a request for subsequent designation from a Local Area if the area performed successfully, sustained fiscal integrity, and engaged in the regional planning process. ENVIRONMENTAL FINDINGS This item is not a project as defined by the California Environmental Quality Act. LOCAL PREFERENCE Local preference was not implemented because this item does not include an award of a service or construction contract. FISCAL IMPACT There is no net City cost associated with the recommended action,as this is an application for a designation and has no monetary considerations. Attachment: Local Area Subsequent Designation and Local Board Recertification Application For Program Year 2023-25 City of Fresno Printed on 6/20/2023Page 2 of 2 powered by Legistar™ Page 1 of 12 Local Area Subsequent Designation and Local Board Recertification Application For Program Year 2023-25 Local Workforce Development Area Fresno Page 2 of 12 Application for Local Area Subsequent Designation and Local Board Recertification This application will serve as your request for Local Workforce Development Area (Local Area) subsequent designation and Local Workforce Development Board (Local Board) recertification for Program Year (PY) 2023-25 under the Workforce Innovation and Opportunity Act (WIOA). If the California Workforce Development Board (CWDB) determines the application is incomplete, it will either be returned or held until the necessary documentation is submitted. Please contact your Regional Advisor for technical assistance or questions related to completing and submitting this application. Completed applications must be submitted by 5 p.m. on Friday, April 14, 2023, to the CWDB at PolicyUnit@cwdb.ca.gov. Fresno Regional Workforce Development Board________ Name of Local Area 2125 Kern Street, Suite 208________________________ Mailing Address Fresno, CA 93721________________________________ City, State, ZIP April 19, 2023__________________________________________ Date of Submission Phyllis Stogbauer_________________________________ Contact Person 559-490-7168____________________________________ Contact Person’s Phone Number Page 3 of 12 Local Board Membership The WIOA Section 107(b)(2)(A) through (E) states the requirements for nominating and selecting Local Board members: 1. Provide the names of the individuals appointed for each membership category listed below. 2. Attach a roster for the current Local Board. Category: Business – WIOA Section 107(b)(2)(A) requires that business members constitute a simple majority of the Local Board, and WIOA Section 107(b)(3) states that the chairperson shall also be a member under this category. Specifically, a majority of the Local Board’s business members shall constitute the following representatives under this membership category: • Owners of businesses, chief executives or operating officers of businesses, or other business executives or employers with optimum policymaking or hiring authority. • Representatives of businesses, including small businesses or business organizations. • Individuals appointed by those who have been nominated by local business organizations and business trade associations. Please list the Local Board’s business members and identify the chairperson by typing CHAIR after their name: Page 4 of 12 LOCAL BOARD BUSINESS MEMBERS Name Title Entity Appointment Date Term End Date Stephen Avila Plant Manager Trillium Flow Technologies 2/09/2021 11/01/2021 Paul Bauer Attorney Sagaser, Watkins & Wieland, PC 6/07/2022 11/01/2023 Edgar Blunt CEO IMAGO 3/01/2022 11/01/2023 Jeffrey Hensley Owner Hensley Associates 11/08/2022 11/01/2024 Terry Metters Jr. Division Supervisor PG&E 3/10/2022 11/01/2023 Scott Miller Owner/CEO Gazebo Gardens 3/10/2022 11/01/2023 Dennis Montalbano, CHAIR Owner German Auto Repair 8/09/2022 11/01/2023 Joe Olivares Register Representative & Marketing Manager TransAmerica 11/08/2022 11/01/2024 Alisha Morgan HR Director Kaiser Permanente 12/13/2022 11/01/2023 Vasili Sotiropulos Realtor Hyatt Real Estate 11/03/2020 11/01/2022 Sandra Vicente Regional Manager, Director MUFG Union Bank, N.A. 10/18/2022 11/01/2024 Lydia Zabrycki VP, Client Engagement CAPTRUST 2/28/2023 11/01/2024 Vacant Vacant Vacant Category: Labor – At least 20 percent of the Local Board members shall be labor representatives from the Local Area’s workforce. Specifically, the Local Board shall have labor representatives under this membership category from the following entities (WIOA 107[b][2][B]): • Labor organizations (for a Local Area in which employees are represented by labor organizations) and who have been nominated by local labor federations, or (for a Local Area in which no employees are represented by such organizations) oth er representatives of employees. • A member of a labor organization or a training director from a joint labor-management apprenticeship program, or if no such joint program exists in the area, such a representative of an apprenticeship program in the area, if such a program exists. Page 5 of 12 Members may be representatives from community-based organizations with demonstrated experience and expertise in addressing the employment needs of individuals with barriers to employment, veterans, or individuals with disabilities; and organizations with demonstrated experience and expertise in addressing the employment, training, or education needs of eligible youth and/or out-of-school youth. California Unemployment Insurance Code (CUIC) Section 14202(b)(1) further requires and specifies that at least 15 percent of Local Board members shall be representatives of labor organizations unless the local labor federation fails to nominate enough members. For a Local Area in which such organizations represent no employees, other representatives of employees shall be appointed to the Local Board, but any Board that appoints representatives of employees not nominated by local labor federations must demonstrate that no employees are represented by such organizations in the Local Area. List the Local Board’s labor members: LOCAL BOARD LABOR MEMBERS Name Title Entity Appointment Date Term End Date Lenora Lacy Barnes President State Center Federation of Teachers 3/10/2022 11/01/2022 Alisha Bonner Trustee Central Labor Council/SEIU 521 3/10/2022 11/01/2023 Wyatt Meadows District Representative Operating Engineers Local 3 3/10/2022 11/01/2024 Chuck Riojas Business Agent Fresno Madera Tulare Kings Building Trades Council 3/10/2022 11/01/2023 Vacant Vacant Category: Education – WIOA Section 107[b][2][C] requires that each Local Board include members who represent entities that administer education and training activities in the Local Area. Specifically, the Local Board shall have education representatives under this membership category from the following entities: • Eligible Title II adult education and literacy providers; and • Institutions of higher education providing workforce investment activities . Members may be representatives from local educational agencies and community-based organizations with demonstrated experience and expertise in addressing the education or training needs of individuals with barriers to employment. Page 6 of 12 List the Local Board’s education members: LOCAL BOARD EDUCATION MEMBERS Name Title Entity Appointment Date Term End Date Carole Goldsmith Chancellor State Center Community College District 3/30/2023 11/01/2023 Vacant (Application pending at CLEOs) Category: Economic and Community Development – WIOA Sections 107[b][2][D] and [E] require each Local Board to include governmental, economic, and community development representatives under this membership category from the following entities: • Economic and community development organizations. • The state’s employment service office under the Wagner-Peyser Act. • Programs carried out under Title I of the federal Rehabilitation Act. A Local Board may have representatives from transportation, housing, and/or public assistance agencies; philanthropic organizations; and/or an individual or representatives of entities determined to be appropriate by the local CEO. List the Local Board’s economic and community development members: LOCAL BOARD ECONOMIC AND COMMUNITY DEVELOPMENT MEMBERS Name Title Entity Appointment Date Term End Date Shayn Anderson Regional Director State of California Department of Rehabilitation 3/30/2023 11/01/2023 Mike Karbassi Councilmember Fresno City Council 2/13/2020 N/A Sal Quintero Supervisor Fresno County Board of Supervisors 1/08/2019 N/A Shelly Tarver Deputy Division Chief State of California Employment Development Department 4/06/2017 N/A Chris Zeitz Director of Special Projects Fresno County Economic Development Corporation 3/30/2023 11/01/2023 Vacant Page 7 of 12 Performed Successfully The Local Area hereby certifies that it has performed successfully, defined as having an Individual Indicator Score of 50% or higher in PY 20-21 OR PY 21-22, as described in Workforce Services Directive Calculating Local Area Performance and Nonperformance (WSD20-02) dated September 18, 2020, for the following primary indicators of performance: • Employment Rate 2nd Quarter After Exit • Median Earnings PY 20-21 Individual Indicator Scores Indicators of Performance Adults Dislocated Workers Employment Rate 2nd Quarter After Exit 90.7% 99.9% Median Earnings 2nd Quarter After Exit 97.0% 100.3% PY 20-21 Individual Indicator Scores Indicators of Performance Youth Employment or Education Rate 2nd Quarter after Exit 112.1% Median Earnings 135.8% PY 21-22 Individual Indicator Scores Indicators of Performance Adults Dislocated Workers Employment Rate 2nd Quarter After Exit 96.3% 91.4% Median Earnings 2nd Quarter After Exit 116.5% 106.8% PY 21-22 Individual Indicator Scores Indicators of Performance Youth Employment or Education Rate 2nd Quarter after Exit 129.9% Median Earnings 181.8% Sustained Fiscal Integrity Page 8 of 12 The Local Area hereby certifies that it has not been found in violation of one or more of the following during PY 20-21 or PY 21-22: • Final determination of significant finding(s) from audits, evaluations, or other reviews conducted by state or local governmental agencies or the Department of Labor identifying issues of fiscal integrity or improperly expended funds due to the willful disregard or failure to comply with any WIOA requirement. • Gross negligence – defined as a conscious and voluntary disregard of the need to use reasonable care, which is likely to cause foreseeable grave injury or harm to persons, property, or both. • Failure to observe accepted standards of administration – Local Areas must have adhered to the applicable uniform administrative requirements set forth in Title 2 Code of Federal Regulations (CFR) Part 200. Certify No Violation: ☒ Engaged in Regional Planning Engaged in regional planning is defined as participating in and contributing to regional planning, regional plan implementation, and regional performance negotiations . The Local Area herby certifies that it has participated in and contributed to regional planning and negotiating regional performance measures in the following ways: Engaged in regional planning is defined as participating in and contributing to regional planning, regional plan implementation, and regional performance negotiations. The Local Area herby certifies that it has participated in and contributed to regional planning and negotiating regional performance measures in the following ways: Through the Central California Workforce Consortium (CCWC) network, the FRWDB staff was actively involved in the regional planning process by reviewing State guidance, selecting consultants to assist in the process, providing resource documents, organizing regional forums, and meeting regularly with the consultants as a group and individually to share insights, make decisions, and establish priorities for regional coordination. The FRWDB staff also worked with the CCWC network in the development and the group meet with the state to negotiations of the final regional performance goals. Local Area Assurances Through PY 23-25, the Local Area assures the following: A. It will comply with the applicable uniform administrative requirements, cost principles, and audit requirements (WIOA Section 184[a][2] and [3]). Page 9 of 12 Highlights of this assurance include the following: • The Local Area’s procurement procedures will avoid acquisition of unnecessary or duplicative items, software, and subscriptions (in alignment with Title 2 CFR Section 200.318). • The Local Area will maintain and provide accounting and program records, including supporting source documentation, to auditors at all levels, as permitted by law (Title 2 CFR Section 200.508). Note that failure to comply with the audit requirements specified in Title 2 CFR Part 200 Subpart F will subject the Local Area to potential cash hold (Title 2 CFR Section 200.338). B. All financial reporting will be done in compliance with federal and state regulations and guidance. Highlights of this assurance include the following: • Reporting will be done in compliance with Workforce Services Directive Monthly and Quarterly Financial Reporting Requirements (WSD19-05), dated December 4, 2019. • All close out reports will comply with the policies and procedures listed in WIOA Closeout Requirements (WSD16-05), dated July 29, 2016. Note that failure to comply with financial reporting requirements will subject the Local Area to potential cash hold (Title 2 CFR Section 200.338). C. Funds will be spent in accordance with federal and state laws, regulations, and guidance. Highlights of this assurance include the following: • The Local Area will meet the requirements of the CUIC Section 14211, to spend a minimum of 30 percent of combined total of WIOA Title I adult and dislocated worker formula fund allocations on training services. • The Local Area will not use funds to assist, promote, or deter union organizing (WIOA Section 181[b][7]). D. The Local Area will select the America’s Job Center of CaliforniaSM operator(s) through a competitive procurement process, such as a Request for Proposals, unless designated or certified as an operator with the agreement of the local CEO and the Governor (WIOA Section 121[d][2][A] and 107[g][2]). E. The Local Area will collect, enter, and maintain data related to participant enrollment, activities, and performance necessary to meet all CalJOBSSM reporting requirements and deadlines. F. The Local Area will comply with the nondiscrimination provisions of WIOA Section 188 and 29 CFR Part 38, including the collection of necessary data. Page 10 of 12 G. The Local Area will engage in and contribute to, regional planning and regional plan implementation (for example, the Local Area has participated in regional planning meetings and regional plan implementation efforts, and the Local Board and local CEO have reviewed and approved the regional plan and two-year modifications). H. The Local Area will participate in regional performance negotiations. I. The Local Area will comply with CWDB policies and guidelines, legislative mandates and/or other special provisions as may be required under federal law or policy, including the WIOA or state legislation. J. Priority shall be given to veterans, recipients of public assistance, other low-income individuals, and individuals who are basic skills deficient for receipt of career and training services funded by WIOA Adult funding (WIOA Section 134[c][3][E] and Training and Employment Guidance Letter [TEGL] 10-09, and TEGL 19-16). Page 11 of 12 Application Signature Page Instructions – The local CEO and Local Board Chair must sign and date this form. Electronic signatures are permitted for the PY 23-25 application. By signing the application below, the local CEO and Local Board Chair request subsequent designation of the Local Area and recertification of the Local Board. Additionally, they agree to abide by the Local Area assurances included in this application. Local Workforce Development Board Chair Signature Dennis Montalbano Name Chair Title Date Page 12 of 12 Application Signature Page (continued) Instructions – The local CEO and Local Board Chair must sign and date this form. Electronic signatures are permitted for the PY 23-25 application. By signing the application below, the local CEO and Local Board Chair request subsequent designation of the Local Area and recertification of the Local Board. Additionally, they agree to abide by the Local Area assurances included in this application. Local Chief Elected Official Local Chief Elected Official Signature Signature Sal Quintero Jerry Dyer Name Name Chair, Fresno County Board of Supervisors Mayor, City of Fresno Title Title Date Date City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-839 Agenda Date:6/15/2023 Agenda #: 1.-G. REPORT TO THE CITY COUNCIL FROM:TJ MILLER, Interim Director Personnel Services Department SUSAN CHUDY, Senior HR/Risk Analyst Personnel Services Department BY:DIANE PRINTZ-WHITE, Senior Management Analyst Personnel Services Department SUBJECT Approve the second amendment to an agreement with Fresno Area Workforce Investment Corporation (Workforce) to provide wrap-around services for additional Fellows in the One Fresno Youth Jobs Corps program. RECOMMENDATION Staff recommends that the City Council approve the attached amendment to the agreement with Workforce which will increase the number of Fellows served with wrap-around services from 40 to 100 and increase compensation to Workforce from not-to-exceed $281,550 to not-to-exceed $648,680 to cover the additional services provided. EXECUTIVE SUMMARY Fresno Area Workforce Investment Corporation, through a service agreement with the City of Fresno, has been providing wraparound services to Fellows in need as part of the One Fresno Youth Jobs Corps Program. This second amendment to their agreement will increase the number of Fellows Workforce can serve from 40 to 100. BACKGROUND On January 27, 2022, the City of Fresno received $7.4 million in funding from California Volunteers through the Governor’s Office for the One Fresno Youth Jobs Corps program. To date, this program has recruited, trained, mentored and hired over 130 of our most vulnerable youth (“Fellows”) for jobs with the City in order to prepare them for future career opportunities. A key component of the program is the availability of wraparound services to alleviate barriers to successful employment and help Fellows to realize their potential, obtain on-the jobs training for entry level positions throughout City of Fresno departments, and earn a living wage. On July 21, 2022, City Council approved to enter into service agreements with three local Community City of Fresno Printed on 6/20/2023Page 1 of 2 powered by Legistar™ 06/15/2023 NE/MA 7-0 APPROVED ON CONSENT File #:ID 23-839 Agenda Date:6/15/2023 Agenda #: 1.-G. On July 21,2022,City Council approved to enter into service agreements with three local Community Based Organizations (CBOs)to provide wrap-around services for Fellows in the One Fresno Youth Jobs Corps Program and to receive allocations from the funding for the Program for the CBOs totaling $851,818 (RFP 3857).As one of the CBO’s awarded,Workforce had agreed to provide services to 40 Fellows for compensation not to exceed $281,550.There has been a strong need by the program Fellows for wrap-around services support.Services that are made available to the Fellows include childcare,work attire,emergency housing,and transportation support including mileage,stipend,bus passes,car repair services,driver's education and assistance in acquiring a driver's license.Workforce has quickly reached it’s contractual limit of 40 Fellows served.To assist the Fellows still in need of wraparound services,Workforce has agreed to increase the number of Fellows to be served to 100.Compensation for Workforce will be increased by $367,130 to not to exceed $648,680. ENVIRONMENTAL FINDINGS By definition provided in the California Environmental Quality Act (CEQA)Guidelines Section 15378 this item does not qualify as a “project” and is therefore exempt from CEQA requirements. LOCAL PREFERENCE Not applicable, this is an amendment to a services agreement previously awarded through the City’s bid process. FISCAL IMPACT There is no fiscal impact to the General Fund. The Youth Jobs Corps Program is fully funded through a grant award from the California Volunteers through the State of California Governor’s Office. Attachment:Second Amendment to the Agreement City of Fresno Printed on 6/20/2023Page 2 of 2 powered by Legistar™ 1 SECOND AMENDMENT TO AGREEMENT This Second Amendment to Agreement (Amendment) is effective as of __________, 2023, (the Effective Date) and amends the Agreement entered into by and between the City of Fresno, a California municipal corporation (City), and Fresno Area Workforce Investment Corporation, a non-profit organization (Service Provider). RECITALS A. The City and Service Provider entered into an agreement dated August 10, 2022 (the Agreement) to provide Youth Development Programs for compensation not to exceed $281,550.00. B. The City and Service Provider amended the agreement to correct the Scope of Work with the First Amendment dated December 12, 2022. C. The City and Service Provider now desire to amend the Agreement and First Amendment to revise the Scope of Work and compensation therein. D. Entry into this Amendment, the Service Provider agrees it has no claim, demand, or dispute against the City. AGREEMENT NOW, THEREFORE, in consideration of the above recitals, which recitals are contractual in nature, the mutual promises herein contained, and for other good and valuable consideration hereby acknowledged, the parties agree that the Agreement be amended as follows: 1. Scope of Work. The Scope of Work in the Agreement is hereby amended to replace language in the Services Description to read: Fresno Area Workforce Investment Corporation (FAWIC) will provide services to 100 Program Fellows during the term of the Service Agreement 2. Schedule of Fees and Expenses. The Schedule of Fees and Expenses fee in is hereby amended to not to exceed $648,680.00, paid on the basis of the rates set forth in the schedule of fees and expenses contained in the attached Exhibit A . 3. Effect of Amendment. Except as expressly modified by this Amendment, the Agreement remains in full force and effect. In the event of any conflict between the Agreement and this Amendment, this Amendment shall control. 4. Except as otherwise provided herein, the Agreement entered into by the City and Service Provider, dated August 10, 2022, and First Amendment dated December 12, 2022 remains in full force and effect. [SIGNATURES ON FOLLOWING PAGE] 2 IN WITNESS WHEREOF, the parties have executed this Amendment on the date set forth above. CITY OF FRESNO, a California municipal corporation By: Georgeanne A. White City Manager APPROVED AS TO FORM: ANDREW JANZ City Attorney By: Kristi M. Costa Date Senior Deputy City Attorney ATTEST: TODD STERMER, CMC City Clerk By: Deputy Date FRESNO AREA WORKFORCE INVESTMENT CORPORATION, a non-profit organization By: Name: Title: (If corporation or LLC., Board Chair, Pres. or Vice Pres.) By: Name: Title: (If corporation or LLC., CFO, Treasurer, Secretary or Assistant Secretary) Attachments: 1. Exhibit A – Budget Narrative Organization Name:Fresno Area Workforce Investment Corporation Project Type:City of Fresno Job Corp Wrap-Around Services Type/Title Description Time Period Cost Breakdown Cost Project Coordinator Provide oversight for direct staffing to ensure performance of the program. This position will complete and submit all required reports and communicate directly with City staff to ensure program is running efficiently. Will be the direct contact for all program related inquiries. Oct 19, 22 to May 1, 24 $6,251.36 x 18.75% FTE x 18.5 mos. $ 21,684.39 Operational Manager Provide oversight and supervise direct staff to ensure services are processed for the program timely. This position will support and complete all supportive services requests approvals and communicate directly with project director and FRWDB staff to ensure efficiently. July 1, 23 to May 1, 24 $7,340.30 x 28.5 % FTE x 10 mos. $ 20,919.86 Accounting Specialist Position will provide support with financial processes including, monitoring of monthly expenditures to ensure compliance with contract budget and fiscal requirements, reconciliation of local project p-card, processing timesheets for payroll processing, reviewing ledgers and detail monthly for monthly invoices and preparing purchase orders submitted for payment by vendors and reconciles financials monthly. Oct 19,22 to May 1, 24 $4,331.84 x 8.33% FTE x 18.5 mos. $ 6,675.59 Case Manager Position will provide case management to oversee all program services, including supportive services, short-term training, referrals to other community services to address barriers, and job placement services to ensure successful outcome for all enrolled Fellows. Position will be provided using an existing service provider. Oct 19, 22 to May 1, 24 $4,333.33 x.1.00 FTE x 10 mos. $ 80,166.67 Case Manager Position will provide case management to oversee all program services, including supportive services, short-term training, referrals to other community services to address barriers, and job placement services to ensure successful outcome for all enrolled Fellows. Position will be provided using an existing service provider. July 1, 23 to May 1, 24 $4,576.00 x.1.00 FTE x 10 mos. $ 45,760.00 Clerk The Clerk will provide program support to case managers for continued processing of timesheets and supportive services including data entry, file maintenance and retrieval and assistance with customer follow-up, pulling of reports. Clerk will report to program supervisor. July 1, 23 to May 1, 24 $4,194.67 x.1.00 FTE x 10 mos. $ 41,946.67 Payroll Taxes Required payroll taxes based on mandated rates.Oct 19, 2022 to May 1, 2024 FICA @ 7.65%, FUTA @.60%, SUI @ 6.20% and Worker's Comp @ 2.35% $ 25,380.11 Staff Benefits Staff Benefits Oct 19, 2022 to May 1, 2024 Health/Med at 11.51%, Life @ 0.27%, Retirement @ 1.10%, Disability @ 0.12% $ 28,229.91 Personnel Total: $ 270,763.20 Description Time Period Cost Breakdown Cost Local Mileage Local mileage reimbursement for 2 staff calculated on the current IRS approved rate Oct 19, 2022 to May 1, 2024 Local Mileage is calculated at an average of 165.05 miles per month for 2 staff employee at $.655 per mile (165.05 miles per month x 18.5 months x 2 employee x .655 per mile = $4,000.00) $ 4,000.00 One Fresno Youth Workforce Development Program Budget Narrative Cost Category: Personnel (Equus Subcontractor) Cost Category: Operational (Equus Subcontractor) Page 1 of 4 EXHIBIT A Organization Name:Fresno Area Workforce Investment Corporation Project Type:City of Fresno Job Corp Wrap-Around Services Description Time Period Cost Breakdown Cost Bank Charges ADP payroll processing fees 2% of total salaries ($217,153.18 X .002 = $434.31) $ 434.31 Postage Postage is cost allocated expense and will cover client mailings, including but not limited to FedEx shipping fees and USPS postage and certified mailings. $13.51 X 18.50 months= $250.00 $ 250.00 Audit Services Equus Workforce Solutions is required to conduct an annual audit for schedule of federal expenditures and indirect cost review. calculated at .20% of total revenue and equals $700.66. ($350,331.20 X calculated at .20% of total revenue and equals $700.66. ($350,331.20 X .20% = $700.66) $ 700.66 Printing Printing costs include, business cards, printing, and copying calculated at $10.81 per month for 18.5 months and equals $200.00. $ 200.00 Office Supplies Office supplies is a cost allocated expense for all office consumables. $81.08 x 18.5= $1,500 $ 1,500.00 Cell Phones Two shared staff charged to project at a cost allocated % and one direct staff members will receive a cell phone stipend. $35/$75 per month for 18.5 months and equals $2,301.59. ((((75*18.5)*18.75%)+(7 5*16*30%)(35*18.5)*8.3 3%)+(35*18.5)+(35*14) +(35.*14)) $ 2,301.59 Insurance General and Professional Liability Insurance for each project, a necessary cost of doing business. $6.00 per $1,000 of revenue and equals $2,101.99. $ 2,101.99 Staff Recruitment All employees are required to pass drug test before they may become an Equus employee. Although most of the employees listed in this budget are current employees, we have included a small amount for new hire or replacements. $200 x 2 staff $ 400.00 Professional Services Adobe and Quickbase licensing fees Adobe Licensing Fees at $15.10 per user per month x 2 staff = $422.80. Quickbase licensing fees totaling $500. $ 922.80 Indirect Cost (Equus sub contractor) Currently our provisional indirect cost rate is 10.43% for the WIOA projects. However, for this project, EWS proposal submitted has elected to charge 9.77% of subtotal direct costs. $283,574.55*0.0977 =$27,702 $ 27,705.23 Recruitment Total $ 40,516.58 Cost Category: Operational (Equus Subcontractor) continued Page 2 of 4 Organization Name:Fresno Area Workforce Investment Corporation Project Type:City of Fresno Job Corp Wrap-Around Services Service Type Description Time Period Cost Breakdown Cost Support Services Will include a variety of services based on the needs of each Fellow to participate and successfully complete the internships such as childcare, emergency housing, transportation; mileage, stipend, bus passes, car repair services, driver's ed, and driver's license, work attire, uniforms, safety gear, and tools Oct 19, 2022 to May 1, 2024 Estimated at $3,100.00 per x 100 Fellows $ 310,000.00 Direct Services Total: $ 310,000.00 Type/Title Description Time Period Cost Breakdown Cost Senior Deputy Director Directs staff in the implementation of policies, goals and objective to ensure compliance August 10, 2022 to May 1, 2024 .05 FTE @ $6,426.45 x 2 yrs. $ 12,852.91 Program Coordinator Direct oversight and management of staffing and implementation of all project activities, including policies, goals and objectives to ensure grant and fiscal compliance. August 10, 2022 to May 1, 2024 .06 FTE @ $4,598.06 x 2 yrs. $ 9,196.12 Fiscal Account Manager Manages accounting procedures and processes invoices, payment and fiscal reporting. August 10, 2022 to May 1, 2024 .03 FTE @ $2,675.02 x 2 yrs. $ 5,350.04 Administration Total: $ 27,399.07 4.2% *add additional lines if needed, please ensure calculation are correct Total Grant Amount: $ 648,678.85 Cost Category: Administration (No more than 10% of total award) Cost Category: Direct Services Page 3 of 4 Organization Name:Fresno Area Workforce Investment Corporation Project Type:City of Fresno Job Corp Wrap-Around Services CALCULATED TOTAL: $ 648,678.85 $ - $ 648,678.85 COST CATEGORY COST DESCRIPTION COST PER UNIT/HRS ($)UNITS TOTAL REQUESTED GRANT FUNDS TOTAL LEVERAGE TOTAL PROJECT COST [ex. Personnel][Program Manager] $ 70,000.00 2 140,000.00 - 140,000.00 Personnel Project Coordinator $ 21,684.39 1 21,684.39 - 21,684.39 Personnel Operations Manager 20,919.86$ 1 20,919.86 - 20,919.86 Personnel Accounting Specialist $ 6,675.59 1 6,675.59 - 6,675.59 Personnel Case Manager $ 80,166.67 1 80,166.67 - 80,166.67 Personnel Case Manager 45,760.00$ 1 45,760.00 - 45,760.00 Personnel Clerk 41,946.67$ 1 41,946.67 - 41,946.67 Personnel Payroll Taxes $ 25,380.11 1 25,380.11 25,380.11 Personnel Staff Benefits 28,229.91$ 1 28,229.91 - 28,229.91 Operational Cost Program Operational Cost 40,516.58$ 1 40,516.58 - 40,516.58 Direct Services Supportive Services $ 3,100.00 100 310,000.00 - 310,000.00 Administration Senior Deputy Director $ 12,852.91 1 12,852.91 - 12,852.91 Administration Project Coordinator $ 9,196.12 1 9,196.12 - 9,196.12 Administration Project Accountant $ 5,350.04 1 5,350.04 - 5,350.04 - - - - - See the categories tab for which cost categories to use. Leverage is not required, however there is an opportunity to add Organization leverage to the program One Fresno Youth Workforce Development Program BUDGET City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-936 Agenda Date:6/15/2023 Agenda #: 1.-H. REPORT TO THE CITY COUNCIL FROM:JENNIFER CLARK, Director Planning and Development Department PHIL SKEI, Assistant Director Planning and Development Department BY:JILLIAN GAYTAN, Senior Management Analyst Homeless Services Division SUBJECT Approve an Agreement with Turning Point of Central California to operate the Golden State Triage Center emergency shelter in the total amount of $1,554,734 in Homeless Housing, Assistance, and Prevention funds (HHAP). RECOMMENDATION Staff recommends the City Council approve the agreement with Turning Point of Central California (TPOCC) to operate the Golden State Triage Center using HHAP funds; and authorize the City Manager to sign all implementing documents. EXECUTIVE SUMMARY The City of Fresno (City) has an existing agreement with TPOCC to operate and provide homeless services at Golden State Triage Center funded through Homeless Housing, Assistance, and Prevention (HHAP) funds. The current agreement is expected to be fully expended and will expire on June 30, 2023. In order to continue operations without disruption through June 30, 2024, a new agreement for emergency shelter services must be executed. BACKGROUND In February 2020, the City was awarded HHAP funding in the amount of $6,158,246.18 from the California Homeless Coordinating and Financing Council to address homelessness, in September 2021 received $2,911,171 in a second round of HHAP allocations, and on January 18, 2023 received a total of $7,524,257.15 in a third round of HHAP allocations. Health and Safety Code Section 50220.5 (d) allows grantees to use the HHAP funding allocation for operating subsidies in new and existing emergency shelters and for services coordination for homeless populations. In February 2023, the Planning and Development Department released a Request for Qualifications City of Fresno Printed on 6/20/2023Page 1 of 2 powered by Legistar™ 06/15/2023 NE/MA 7-0 APPROVED ON CONSENT File #:ID 23-936 Agenda Date:6/15/2023 Agenda #: 1.-H. In February 2023,the Planning and Development Department released a Request for Qualifications (RFQ)seeking qualified community-based organizations to develop motels into homeless shelters and/or operate homeless shelters and provide services for unhoused individuals.TPOCC’s response to the RFQ demonstrated that the organization is well-qualified to provide emergency shelter services for unhoused individuals. The services provided under the Triage Center emergency shelter agreement include: ·Emergency Shelter:The Triage Center will operate 50 emergency shelter beds at a single location for adults experiencing homelessness in City of Fresno.Basic shelter services provided with meals.The maximum length of stay will be 90 days,subject to exceptions for documented situations. ·Case Management:The Triage Center will provide intensive case management services that focus on helping participants develop a housing plan and overcome barriers to attaining permanent housing.Participants that have been connected to a permanent housing intervention will be referred to a Bridge Housing program to prepare to enter permanent housing. ·Housing Search and Placement:The Triage Center will provide services and activities necessary to assist program participants in locating,obtaining,and retaining safe permanent housing. ·Diversion Pre-Screening:The Triage Center will assess all people who present for services for referral to potential Diversion services. ·Stabilizing Health Intervention:The Triage Center will provide services for stabilization of client health issues, including substance use and mental health disorders. Approving the agreement will provide funding for TPOCC to provide homeless emergency shelter services at Golden State Triage Center totaling $1,554,734. ENVIRONMENTAL FINDINGS This item is not a project as defined by the California Environmental Quality Act. LOCAL PREFERENCE Local preference is not applicable because of the use of state funds. FISCAL IMPACT There is no fiscal impact to the City’s general fund because this agreement will be funded through the City’s Homeless Housing, Assistance, and Prevention HHAP allocations from the State of California. Attachments: 1.Agreement with Turning Point of Central California - Golden State 2.Conflict of Interest Form - Golden State Triage Center City of Fresno Printed on 6/20/2023Page 2 of 2 powered by Legistar™ ALL-B GSP Agt Total Fee (03-2022) -1- SERVICE AGREEMENT CITY OF FRESNO, CALIFORNIA THIS AGREEMENT is made and entered into, effective on July 1, 2023, by and between the CITY OF FRESNO, a California municipal corporation (City), and TURNING POINT OF CENTRAL CALIFORNIA, a California non-profit Corporation (Service Provider). RECITALS WHEREAS, City desires to obtain professional triage center services for The Golden State Triage Center located at 1415 W Olive Ave (Project); and WHEREAS, Service Provider is engaged in the business of furnishing such services as a triage center and hereby represents that it desires to and is professionally and legally capable of performing the services called for by this Agreement; and WHEREAS, Service Provider acknowledges that this Agreement is subject to the requirements of Fresno Municipal Code Section 4-107; and WHEREAS, this Agreement will be administered for City by its Planning Development Director (Administrator) or designee. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and of the covenants, conditions, and premises hereinafter contained to be kept and performed by the respective parties, it is mutually agreed as follows: 1. Scope of Services. Service Provider shall perform to the satisfaction of City the services described in Exhibit A, including all work incidental to, or necessary to perform, such services even though not specifically described in Exhibit A. 2. Term of Agreement and Time for Performance. This Agreement shall be effective from the date first set forth above (Effective Date) and shall continue in full force and effect through June 30, 2024, subject to any earlier termination in accordance with this Agreement. The Parties may extend this Agreement for up to one year, subject to a written agreement approved by the City Council. The services of Service Provider as described in Exhibit A are to commence upon the Effective Date and shall be completed in a sequence assuring expeditious completion, but in any event, all such services shall be completed prior to expiration of this Agreement and in accordance with any performance schedule set forth in Exhibit A. 3. Compensation. (a) Service Provider’s sole compensation for satisfactory performance of all services required or rendered pursuant to this Agreement shall be a total fee not to exceed $1,554,734.11, paid on the basis of the rates set forth herein or in the schedule of 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 DocuSign Envelope ID: 12172DDC-3869-47A8-B332-E835F5C36C90 ALL-B GSP Agt Total Fee (03-2022) -2- received a detailed invoice with applicable copies of representative and identifiable receipts or records substantiating such expense. (c) Service Provider agrees to render actual monthly income and expense reports relating to the management and operation of the Property in Service Provider’s standard format approved by City on the fifteenth (15th) calendar day after the expiration of each calendar month, and an annual income and expense report in Service Provider’s standard format approved of by City, within forty-five (45) days after the expiration of each calendar year. At City’s election (to be exercised by prior written notice to Service Provider), Service Provider shall deliver, concurrently with the delivery of each monthly income and expense report, copies of checks evidencing payments and collections and supporting invoices, internal allocations, and other back-up data as may be reasonably requested for the expenses and disbursements shown on the previous month’s income expense report. (d) The parties may modify this Agreement to increase or decrease the scope of services or provide for the rendition of services not required by this Agreement, which modification shall include an adjustment to Service Provider’s compensation. Any change in the scope of services must be made by written amendment to the Agreement signed by an authorized representative for each party. Service Provider shall not be entitled to any additional compensation if services are performed prior to a signed written amendment. 4. Termination, Remedies, and Force Majeure. (a) This Agreement shall terminate without any liability of City to Service Provider upon the earlier of : (i) Service Provider’s filing for protection under the federal bankruptcy laws, or any bankruptcy petition or petition for receiver commenced by a third party against Service Provider; (ii) seven calendar days’ prior written notice with or without cause by City to Service Provider; (iii) City’s non-appropriation of funds sufficient to meet its obligations hereunder during any City fiscal year of this Agreement, or insufficient funding for the Project; or (iv) expiration of this Agreement. (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 DocuSign Envelope ID: 12172DDC-3869-47A8-B332-E835F5C36C90 ALL-B GSP Agt Total Fee (03-2022) -3- of this Agreement which may then exist on the part of Service Provider, nor shall such payment impair or prejudice any remedy available to City with respect to the breach. (d) Upon any breach of this Agreement by Service Provider, City may (i) exercise any right, remedy (in contract, law or equity), or privilege which may be available to it under applicable laws of the State of California or any other applicable law; (ii) proceed by appropriate court action to enforce the terms of the Agreement; and/or (iii) recover all direct, indirect, consequential, economic and incidental damages for the breach of the Agreement. If it is determined that City improperly terminated this Agreement for default, such termination shall be deemed a termination for convenience. (e) Service Provider shall provide City with adequate written assurances of future performance, upon Administrator’s request, in the event Service Provider fails to comply with any terms or conditions of this Agreement. (f) Service Provider shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of Service Provider and without its fault or negligence such as, acts of God or the public enemy, acts of City in its contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. Service Provider shall notify Administrator in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, and shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to Administrator of the cessation of such occurrence. 5. Confidential Information and Ownership of Documents. (a) Any reports, information, or other data prepared or assembled by Service Provider pursuant to this Agreement shall not be made available to any individual or organization by Service Provider without the prior written approval of the Administrator. During the term of this Agreement, and thereafter, Service Provider shall not, without the prior written consent of City, disclose to anyone any Confidential Information. The term Confidential Information for the purposes of this Agreement shall include all prop rietary 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. DocuSign Envelope ID: 12172DDC-3869-47A8-B332-E835F5C36C90 ALL-B GSP Agt Total Fee (03-2022) -4- (c) If Service Provider should subcontract all or any portion of the services to be performed under this Agreement, Service Provider shall cause each subcontractor to also comply with the requirements of this Section 5. (d) This Section 5 shall survive expiration or termination of this Agreement. 6. Level of Skill. It is further mutually understood and agreed by and between the parties hereto that inasmuch as Service Provider represents to City that Service Provider and its subcontractors, if any, are skilled in the profession and shall perform in accordance with the standards of said industry necessary to perform the services agreed to be done by it under this Agreement, City relies upon the skill of Service Provider and its subcontractors, if any, to do and perform such services in a skillful manner and Service Provider agrees to thus perform the services and require the same of any subcontractors. Therefore, any acceptance of such services by City shall not operate as a release of Service Provider or any subcontractors from said industry and professional standards. 7. Indemnification. To the furthest extent allowed by law, Service Provider shall indemnify, hold harmless and defend City and each of its officers, officials, employees, agents, and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage), and from any and all claims, demands and actions in law or equity (including reasonable attorney's fees, litigation expenses, and costs to enforce this agreement) that arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of Service Provider, its principals, officers, employees, agents, or volunteers in the performance of this Agreement. If Service Provider should subcontract all or any portion of the services to be performed under this Agreement, Service Provider shall require each subcontractor to indemnify, hold harmless and defend City and each of its officers, officials, employees, agents, and volunteers in accordance with the terms of the preceding paragraph. This section shall survive termination or expiration of this Agreement. 8. Insurance. (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. DocuSign Envelope ID: 12172DDC-3869-47A8-B332-E835F5C36C90 ALL-B GSP Agt Total Fee (03-2022) -5- (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 t o City. Any failure to maintain the required insurance shall be sufficient cause for City to terminate this Agreement. No action taken by City pursuant to this section shall in any way relieve Service Provider of its responsibilities under this Agreement. The phrase “fail to maintain any required insurance” shall include, without limitation, notification received by City that an insurer has commenced proceedings, or has had proceedings commenced against it, indicating that the insurer is insolvent. (c) The fact that insurance is obtained by Service Provider shall not be deemed to release or diminish the liability of Service Provider, including, without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify City shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Service Provider. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Service Provider, its principals, officers, agents, employees, or persons under the supervision of Service Provider, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them. 9. Conflict of Interest and Non-Solicitation. (a) Prior to City’s execution of this Agreement, Service Provider shall complete a City of Fresno conflict of interest disclosure statement in the form as set forth in Exhibit C. During the term of this Agreement, Service Provider shall have the obligation and duty to immediately notify City in writing of any change to the information provided by Service Provider in such statement. (b) Service Provider shall comply, and require its subcontractors to comply, with all applicable (i) professional canons and requirements governing avoidance of impermissible client conflicts; and (ii) federal, s tate, and local conflict of interest laws and regulations including, without limitation, California Government Code Section 1090 et. seq., the California Political Reform Act (California Government Code Section 87100 et. seq.) and the regulations of the Fair Political Practices Commission concerning disclosure and disqualification (2 California Code of Regulations Section 18700 et. seq.). At any time, upon written request of City, Service Provider shall provide a written opinion of its legal counsel and that of any subcontractor that, after a due diligent inquiry, Service Provider and the respective subcontractor(s) are in full compliance with all laws and regulations. Service Provider shall take, and require its subcontractors to take, reasonable steps to avoid any appearance of a conflict of interest. Upon DocuSign Envelope ID: 12172DDC-3869-47A8-B332-E835F5C36C90 ALL-B GSP Agt Total Fee (03-2022) -6- 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 so licit, or procure this Agreement or any rights/benefits hereunder. (e) Service Provider and any of its subcontractors shall have no interest, direct or indirect, in any other contract with a third party in connection with this Project unless such interest is in accordance with all applicable law and fully disclosed to and approved by the City Manager, in advance and in writing. Notwithstanding any approval given by the City Manager under this provision, Service Provider shall remain responsible for complying with Section 9(a), above. (f) If Service Provider should subcontract all or any portion of the work to be performed or services to be provided under this Agreement, Service Provider shall include the provisions of this Section 9 in each subcontract and require its subcontractors to comply therewith. (g) This Section 9 shall survive expiration or termination of this Agreement. 10. Recycling Program. In the event Service Provider maintains an office or operates a facility(ies), or is required herein to maintain or operate same, within the incorporated limits of the City of Fresno, Service Provider at its sole cost and expense shall: (a) Immediately establish and maintain a viable and ongoing recycling program, approved by City’s Solid Waste Management Division, for each office and facility. Literature describing City recycling programs is available from City’s Solid Waste Management Division and by calling City of Fresno Recycling Hotline at (559) 621-1111. (b) Immediately contact City’s Solid Waste Management Division at (559) 621- 1452 and schedule a free waste audit, and cooperate with such Division in their conduct of the audit for each office and facility. (c) Cooperate with and demonstrate to the satisfaction of City’s Solid Waste Management Division the establishment of the recycling program in paragraph (i) above and the ongoing maintenance thereof. 11. General Terms. (a) Except as otherwise provided by law, all notices expressly required of City within the body of this Agreement, and not otherwise specifically provided for, shall be effective only if signed by the Administrator or designee. DocuSign Envelope ID: 12172DDC-3869-47A8-B332-E835F5C36C90 ALL-B GSP Agt Total Fee (03-2022) -7- (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 seven years after final payment or, if longer, for any period required by law. In addition, all books, documents, papers, and records of Service Provider pertaining to the Project shall be available for the purpose of making audits, examinations, excerpts, and transcriptions for the same period of time. If any litigation, claim, negotiations, audit or other action is commenced before the expiration of said time period, all records shall be retained and made available to City until such action is resolved, or until the end of said time period whichever shall later occur. If Service Provider should subcontract all or any portion of the services to be performed under this Agreement, Service Provider shall cause each subcontractor to also comply with the requirements of this paragraph. This Section 11(b) shall survive expiration or termination of this Agreement. (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 n o license is required). If Service Provider should subcontract all or any portion of the work or services to be performed under this Agreement, Service Provider shall require each subcontractor to provide evidence to City that subcontractor is licensed to perform the services called for by this Agreement (or that no license is required) before beginning work. 12. Nondiscrimination. To the extent required by controlling federal, state and local law, Service Provider shall not employ discriminatory practices in the provision of services, employment of personnel, or in any other respect on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Subject to the foregoing and during the performance of this Agreement, Service Provider agrees as follows: (a) Service Provider will comply with all applicable laws and regulations providing that no person shall, on the grounds of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity made possible by or resulting from this Agreement. (b) Service Provider will not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Service Provider shall ensure that applicants are employed, and the employees are treated during employment, without regard to their race, religious creed, color, national origin, ancestry, physical DocuSign Envelope ID: 12172DDC-3869-47A8-B332-E835F5C36C90 ALL-B GSP Agt Total Fee (03-2022) -8- 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 12. 13. Independent Contractor. (a) In the furnishing of the services provided for herein, Service Provider is acting solely as an independent contractor. Neither Service Provider, nor any of its officers, agents, or employees shall be deemed an officer, agent, employee, joint venturer, partner, or associate of City for any purpose. City shall have no right to control or supervise or direct the manner or method by which Service Provider shall perform its work and functions. However, City shall retain the right to administer this Agreement so as to verify that Service Provider is performing its obligations in accordance with the terms and conditions thereof. (b) This Agreement does not evidence a partnership or joint venture between Service Provider and City. Service Provider shall have no authority to bind City absent City’s express written consent. Except to the extent otherwise provided in this Agreement, Service Provider shall bear its own costs and expenses in pursuit thereof. (c) Because of its status as an independent contractor, Service Provider and its officers, agents, and employees shall have absolutely no right to employment rights and benefits available to City employees. Service Provider shall be solely liable and responsible for all payroll and tax DocuSign Envelope ID: 12172DDC-3869-47A8-B332-E835F5C36C90 ALL-B GSP Agt Total Fee (03-2022) -9- withholding and for providing to, or on behalf of, its employees all employee benefits including, without limitation, health, welfare and retirement benefits. In addition, together with its other obligations under this Agreement, Service Provider shall be solely responsible, indemnify, defend and save City harmless from all matters relating to employment and tax withholding for and payment of Service Provider’s employees, including, without limitation, (i) compliance with Social Security and unemployment insurance withholding, payment of workers compensation benefits, and all other laws and regulations governing matters of employee withholding, taxes and payment; and (ii) any claim of right or interest in City employment benefits, entitlements, programs and/or funds offered employees of City whether arising by reason of any common law, de facto, leased, or co- employee rights or other theory. It is acknowledged that during the term of this Agreement, Service Provider may be providing services to others unrelated to City or to this Agreement. 14. Notices. Any notice required or intended to be given to either party under the terms of this Agreement shall be in writing and shall be deemed to be duly given if delivered personally, transmitted by facsimile followed by telephone con firmation of receipt, or sent by United States registered or certified mail, with postage prepaid, return receipt requested, addressed to the party to which notice is to be given at the party's address set forth on the signature page of this Agreement or at such other address as the parties may from time to time designate by written notice. Notices served by United States mail in the manner above described shall be deemed sufficiently served or given at the time of the mailing thereof. 15. Binding. Subject to Section 16, below, once this Agreement is signed by all parties, it shall be binding upon, and shall inure to the benefit of, all parties, and each parties' respective heirs, successors, assigns, transferees, agents, servants, employees, and representatives. 16. Assignment. (a) This Agreement is personal to Service Provider and there shall be no assignment by Service Provider of its rights or obligations under this Agreement without the prior written approval of the City Manager or designee. Any attempted assignment by Service Provider, its successors or assigns, shall be null and void unless approved in writing by the City Manager or designee. (b) Service Provider hereby agrees not to assign the payment of any monies due Service Provider from City under the terms of this Agreement to any other individual(s), corporation(s) or entity(ies). City retains the right to pay any and all monies due Service Provider directly to Service Provider. 17. Compliance With Law. In providing the services required under this Agreement, Service Provider shall at all times comply with all applicable laws of the United States, the State of California and City, and with all applicable regulations promulgated by federal, state, regional, or local administrative and regulatory agencies, now in force and as they may be enacted, issued, or amended during the term of this Agreement. DocuSign Envelope ID: 12172DDC-3869-47A8-B332-E835F5C36C90 ALL-B GSP Agt Total Fee (03-2022) -10- 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. 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. DocuSign Envelope ID: 12172DDC-3869-47A8-B332-E835F5C36C90 ALL-B GSP Agt Total Fee (03-2022) -11- 28. Extent of Agreement. Each party acknowledges that they have read and fully understand the contents of this Agreement. This Agreement represents the entire and integrated agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be modified only by written instrument duly authorized and executed by both City and Service Provider. 29. The City Manager, or designee, is hereby authorized and directed to execute and implement this Agreement. [SIGNATURES FOLLOW ON THE NEXT PAGE.] DocuSign Envelope ID: 12172DDC-3869-47A8-B332-E835F5C36C90 ALL-B GSP Agt Total Fee (03-2022) -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: Tracy N. Parvanian Date Supervising Deputy City Attorney ATTEST: TODD STERMER, CMC City Clerk By: Date Deputy Addresses: CITY: City of Fresno Attention: Joe Pasillas, Housing and Neighborhood Revitalization Manager 2600 Fresno Street, CH3N Fresno, CA 93721 Phone: (559) 621-8053 FAX: (559) [#] TURNING POINT OF CENTRAL CALIFORNIA, INC., a California non-profit organization By: Name: Title: (If corporation or LLC., Board Chair, Pres. or Vice Pres.) By: Name: Title: (If corporation or LLC., CFO, Treasurer, Secretary or Assistant Secretary) Service Provider: Turning Point of Central California Attention: Raymond R. Banks, Chief Executive Officer 615 S Atwood Street Visalia, CA 93277 Phone: 559-732- 8086 FAX: (844) 364-4599 Attachments: 1. Exhibit A - Scope of Services 2. Exhibit B - Insurance Requirements 3. Exhibit C - Conflict of Interest Disclosure Form DocuSign Envelope ID: 12172DDC-3869-47A8-B332-E835F5C36C90 CEO Raymond Banks William Goodall CFO 5/30/2023 Page 1 of 6 EXHIBIT A SCOPE OF SERVICES Service Agreement between City of Fresno and TURNING POINT OF CENTRAL CALIFORNIA, INC. Triage Center Services at Golden State Triage Center COORDINATION OF SERVICES Golden State Triage Center (GSTC) will provide low-barrier access to emergency shelter coupled with intensive housing-focused services to set households on the path to attaining permanent housing. Services shall be offered in coordination with other complementary services as part of the path from homelessness to permanent housing stability. Individuals selected for these services are to be prioritized through the FMCoC Coordinated Entry System (CES) in consultation with participating Coordinated Entry System (CES) agencies. TARGET POPULATIONS Adults experiencing homelessness, or at risk of homelessness, in the City of Fresno Regardless of sexual orientation, marital status, or gender identification. DATA COLLECTION The program will be a CES Access Site, creating an opportunity for each person accessing shelter to be entered into CES through the administration of the Vulnerability Index-Service Prioritization Decision Assistance Tool (VI-SPDAT). • Service Provider is required to collect and report client-level data in accordance with Housing and Urban Development (HUD) Office of Special Needs Assistance Programs (SNAPS) Homeless Management Information System (HMIS) Data Standards, to the local HMIS operated by the Housing Authorities of the City and County of Fresno through a Memorandum of Understanding with the Fresno Madera Continuum of Care or comparable databases are required for use by providers of services for victims of domestic violence, as described in the Violence Against Women Act (VAWA). Reporting into the HMIS database or allowed comparable database is a requirement of State funding. Service Provider rep orting must be consistent in format and data element structure with the Fresno Housing Authority HMIS Program Policies and Procedures Manual and the HUD HMIS Data Standards and Data Dictionary current at the execution of this Agreement. The comparable database will be maintained by the Service Provider and used to collect data and report on outputs and outcomes as required by HUD TRIAGE CENTER GSTC will provide 24-hour emergency shelter services to adults experiencing homelessness, as well as their partners and pets, with low -barrier access to individual DocuSign Envelope ID: 12172DDC-3869-47A8-B332-E835F5C36C90 accommodations with on-site, housing-focused services including diversion, housing placement, connection to community resources, and stabilization of health issues. LOW-BARRIER HOUSING The program will be low barrier with 24-hour access and no requirements regarding income, sobriety, or compliance with mental health treatment. Shelter services will be provided regardless of sexual orientation, marital status, or gender identification. Every effort will be made to ensure no one is turned away unless all beds are full, or the guest is exhibiting behaviors that will endanger themselves or others. FACILITY REQUIREMENTS The program will be located in a building, formerly served as a motel with one household in each room, allowing the program to accommodate households with varying service and privacy needs. The facility will be located at 1415 W Olive Ave, Fresno, CA 93728. The bus line runs along Olive Avenue with the nearest stop less than one block from the location, making access to public transportation easy for program guests. The building complies with all shelter and housing habitability standards as identified in 24 CFR 576.403. A “Good Neighbor” policy to be utilized securing and maintaining the perimeter of the facility, keeping clear of any nuisances and code violations. PROGRAM SERVICES AND DESIGN GSTC will utilize a housing first approach to emergency shelter and providing services to guests. 50 shelter beds will serve adults and their partners experiencing homelessness. Each program guest will be allowed one dog on site with efforts made to find foster care for any other dogs that might belong to participants. All guests will receive the program safety guidelines upon entry and a staff member will go over all policies with them and answer any questions. All reasonable efforts will be made to ensure the safety and security of other guests and staff when admitting guests that are intoxicated or exhibiting symptoms of serious mental illness. Use of harm reduction strategies, configured shelter space to accommodate households with different service needs, and provide staff training on serving people using substances and/or with mental illness. People exhibiting behaviors that pose a serious danger to themselves or others may not be admitted. Shelter will be provided regardless of sexual orientation, marital status, or gender identification. The program will be low barrier with no requirements with regard to income, sobriety, or compliance with mental health treatment, and minimal rules in place, with the majority of the rules pertaining to safety and security of guests. Guests may be absent for a maximum of seventy-two (72) hours without contact and still retain their spot. Guests will be registered and agree to services provided. Staff will prescreen guests for potential Diversion services and if deemed eligible, refer immediately to a Diversion program staff. Self-referrals will be accepted, FMCoC CES referrals and where Page 2 of 6 DocuSign Envelope ID: 12172DDC-3869-47A8-B332-E835F5C36C90 Page 3 of 6 appropriate, Law Enforcement referrals. Clients referred to GSTC by FMCoC CES will be accepted if vacancies are available. GSTC will meet all of the minimum requirements for a Coordinated Entry assessment site, including: 1.Having use access to HMIS; 2.Having at least one (1) staff trained authorized to both use HMIS and conduct the assessment; 3.Adhering to CES policies and procedures for conducting assessments and communicating about coordinated entry; and 4.Providing referrals to other community services and resources, as appropriate, upon completion of the standardized assessment. GSTC will be staffed 24 hours a day, 7 days a week and will maintain a minimum staffing ratio of 1 staff to 20 guests for daytime hours. GSTC will provide the following services: 1.Emergency Shelter: GSTC will operate 50 emergency shelter beds at a single location for adults experiencing homelessness in City of Fresno. Basic shelter services provided include meals. The target length of stay will be 90 days, however, due to the housing shortages in the community, GSTC may approve one, 30-day extension, for a total of 120 days, with written notification to the City within seven (7) days of extension approval. 2.Case Management: GSTC will provide intensive case management services that focus on helping participants develop a housing plan and overcome barriers to attaining permanent housing. Participants that have been connected to a permanent housing intervention will be referred to a Bridge Housing program to prepare to enter permanent housing. 3.Housing Search and Placement: GSTC will provide services and activities necessary to assist program participants in locating, obtaining, and retaining safe permanent housing. 4.Diversion Pre-Screening: GSTC will assess all people who present for homeless services at GSTC for potential Diversion services. 5.Stabilizing Health Intervention: GSTC will provide services for stabilization of client health issues, including substance use and mental health disorders. STAFFING All staff will be trained in Mental Health First Aid, as well as Pro-Act, so that they are equipped to maintain safety of staff and program gue sts when working with and admitting persons who are intoxicated or exhibiting symptoms of serious mental illness, while DocuSign Envelope ID: 12172DDC-3869-47A8-B332-E835F5C36C90 Page 4 of 6 maintaining the safety and dignity of intoxicated or symptomatic guests. Additionally, staff will be trained in harm reduction strategies, NARCAN (Naloxone) administration to aid in the event a participant is suffering from an opioid overdose, and the procedure for connecting participants to the needle exchange service in Fresno. Turning Point staffing of GSTC as follows: 1.00 FTE Program Director 2.00 FTE Access Site Coordinator 3.00 FTE Case Manager 0.15 FTE Bookkeeper 5.60 FTE Client Service Provider 1.00 FTE Maintenance Worker PERSONNEL DETAIL • 1 FTE Program Director will spend 100% of their time dedicated to GSTC. The Program Director will oversee the general operations of the program, represent the program at CES and roundtable meetings, supervise staff employed by GSTC, prepare reports, and ensure all services provided to guests are of high quality and based on individual need. • 3 FTE Case Manager will spend 100% of their time dedicated to GSTC. The Case Manager will provide comprehensive and individualized case management services to program guests, assist with ensuring all needs of the guests through medication activities, link guests to services in the community with a warm handoff to services that are not delivered onsite, provide transportation, and document all case management activities in well-kept and organized guest files. • 2 FTE Access Site Coordinator will spend 100% of their time providing assessments to those seeking services on a walk-in basis. Access Site Coordinators are trained in HMIS and administering the assessment. They will enter those seeking services into HMIS under CES. • 5.6 FTE Client Service Providers will spend 100% of their time dedicated to GSTC. Client Service Providers will oversee general operations during their shift, provide guests with basic needs (hygiene supplies, meals, clothing, bedding, assistance with laundry), provide crisis de-escalation, respond to emergency situations, and conduct intakes. There will be two Client Service Providers on shift at all times with some exceptions during overnight shifts. • .15 FTE Bookkeeper will dedicate 15% of their time to preparing invoicing and backup documentation for Fresno City required documentation. • 1 FTE Maintenance Worker will dedicate 100% of their time to repairing damages to rooms, room turnover, general maintenance of building. GSTC will be staffed 24-hours a day and guests will not be required t o leave the facility for any portion of the day. REFERRAL AND ASSESSMENT DocuSign Envelope ID: 12172DDC-3869-47A8-B332-E835F5C36C90 Page 5 of 6 Referrals will come from self-referrals, the Coordinated Entry System (CES), or law enforcement, with priority given to CES referrals. In the event the number of referrals exceeds the number of available beds, every effort will be made to transport those that cannot be accommodated to another funded triage center or emergency shelter in the community. If there are no other triage center or emergency shelter beds available, referrals will be prioritized similarly to the criteria used by CES. If available, VI -SPDAT score, length of homelessness and any medical condition or equipment requiring immediate access to shelter will all be considered to determine how to prioritize referrals if there are not enough available beds. Anyone who cannot be accommodated will be encouraged to follow up the following day so that it can be determined if GSTC or another community program can provide shelter. GSTC will assess each referral for eligibility upon arrival. The following criteria will be used to determine eligibility for client entry: • All guests must meet the HUD definition of literal homelessness by most recently residing in a place not meant for human habitation. • All guests will receive a pre-screening for diversion services to determine if diversion is a more appropriate intervention. Anyone deemed eligible for diversion services will be immediately referred to the funded Diversion Services provider. • Anyone exhibiting behavior that threatens the safety of themselves or others will not be admitted. In the event that someone is in need of an ambulance or assessment for medical or mental health emergency intervention, GSTC staff will call emergency services on their behalf. • Upon determination of program eligibility, all guests will be registered and will sign a participation agreement that outlines the program policies and their agreement to the services provided by GSTC. • Each guest will be allowed one pet, which will be either housed in a kennel on the property or with them in their room, depending on guest composition at the time. There will be adequate space to accommodate pets either outside or within the facility. PERFORMANCE MEASURMENTS • Maintain an 87% bed utilization rate, as measured in HMIS • The program will serve a minimum of 183 participants, annually • 50% of guests exiting will achieve safe exits as measured in HMIS, including all positive temporary exit destinations except for places not meant for human habitation, or instances where client exit destination was not identified . • 35% of those exiting will exit to permanent housing situations for each program, as measured in HMIS • 30% of those exiting to permanent destinations will do so within 100 days of triage center entry OTHER REQUIREMENTS DocuSign Envelope ID: 12172DDC-3869-47A8-B332-E835F5C36C90 Page 6 of 6 REPORTING • GSTC will provide a client census, including unique HMIS client ID, client demographic data, date of program entry and exit , and exit destinations on a monthly basis. • GSTC will provide a cumulative program performance report on a quarterly basis, beginning October 1, 2023. • GSTC will provide a bi-annual report on client housing stability, reflecting whether clients that exited to permanent housing remain housed after 6 months. Data may be drawn from HMIS or collected from the clients directly. MEETINGS Service Provider shall meet with City not less than quarterly to discuss the status of the management, operation, and service coordination of the Property and Project (Meetings). It is agreed that Meetings may be conducted via a digital platform, unless ot herwise requested by City. Upon the request of the City and upon reasonable advance written notice, Service Provider shall arrange to meet City and or City’s Representative at the Property. DocuSign Envelope ID: 12172DDC-3869-47A8-B332-E835F5C36C90 Page 1 of 5 EXHIBIT B INSURANCE REQUIREMENTS Service Agreement between City of Fresno (City) and TURING POINT OF CENTRAL CALIFORNIA (Service Provider) Triage Center Services at Golden State Triage Center 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 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 (Abuse & Molestation) Insurance that insures against liability arising out of the bodily injury, personal injury, and third-party property damage occurring because of the wrongful or negligent acts attributable to the institution. This coverage should protect against a wide range of potential claims, including but not limited to athletics, alcohol, assault, verbal or physical abuse, campus crime, sexual molestation and other sexual misconducts. MINIMUM LIMITS OF INSURANCE SERVICE PROVIDER, or any party the SERVICE PROVIDER subcontracts with, shall maintain limits of liability of not less than those set forth below. However, insurance limits available to CITY, its officers, officials, employees, agents and volunteers as additional insureds, shall be the greater of the minimum limits specified herein or the full limit of any insurance proceeds available to the named insured: 1. COMMERCIAL GENERAL LIABILITY: (i) $1,000,000 per occurrence for bodily injury and property damage; DocuSign Envelope ID: 12172DDC-3869-47A8-B332-E835F5C36C90 Page 2 of 5 (ii) $1,000,000 per occurrence for personal and advertising injury; (iii) $2,000,000 aggregate for products and completed operations; and, (iv) $2,000,000 general aggregate applying separately to the work performed under the Agreement. 2. COMMERCIAL AUTOMOBILE LIABILITY: $1,000,000 per accident for bodily injury and property damage. 3. WORKERS’ COMPENSATION INSURANCE as required by the State of California with statutory limits. 4. EMPLOYER’S LIABILITY: (i) $1,000,000 each accident for bodily injury; (ii) $1,000,000 disease each employee; and, (iii) $1,000,000 disease policy limit. 5. Professional Liability (Abuse & Molestation): (i) $1,000,000 per claim/occurrence; and, (ii) $2,000,000 policy aggregate. 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 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 deductibles or self-insured retentions must be declared to on the Certificate of Insurance, and approved by, the CITY’S Risk Manager or his/her designee. At the option of the CITY’S Risk Manage r or his/her 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) SERVICE PROVIDER shall provide a financial guarantee, satisfactory to CITY’S Risk Manager or his/her 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. DocuSign Envelope ID: 12172DDC-3869-47A8-B332-E835F5C36C90 Page 3 of 5 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. SERVICE PROVIDER shall establish additional insured status for the City and for all operations by use of ISO Form CG 20 10 04 13 or CG 20 26 04 13 or by an executed manuscript insurance company endorsement providing additional insured status as broad as that contained in ISO Form CG 20 10 04 13 or CG 20 26 04 13. 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, SERVICE PROVIDER’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 SERVICE PROVIDER’S insurance and shall not contribute with it. SERVICE PROVIDER shall establish primary and non-contributory status by using ISO Form CG 20 01 04 13 or by an executed manuscript insurance company endorsement that provides primary and non-contributory status as broad as that contained in ISO Form CG 20 01 04 13. 4. 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. The Workers’ Compensation insurance policy is to contain, or be endorsed to contain, the following provision: SERVICE PROVIDER and its insurer shall waive any right of subrogation against CITY, its officers, officials, employees, agents and volunteers. If the Professional Liability (Abuse & Molestration) 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 SERVICE PROVIDER. 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 SERVICE PROVIDER, DocuSign Envelope ID: 12172DDC-3869-47A8-B332-E835F5C36C90 Page 4 of 5 SERVICE PROVIDER 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. 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 po licy 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 defe nse 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 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 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, persons under the supervision of SERVICE PROVIDER, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them. VERIFICATION OF COVERAGE SERVICE PROVIDER shall furnish CITY with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the CITY’S Risk Manager or his/her designee prior to CITY’S execution of the Agreement and before work commences. All non-ISO endorsements amending policy coverage shall be executed by a licensed and authorized agent or broker. 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. DocuSign Envelope ID: 12172DDC-3869-47A8-B332-E835F5C36C90 Page 5 of 5 SUBCONTRACTORS - If SERVICE PROVIDER subcontracts any or all of the services to be performed under this Agreement, SERVICE PROVIDER shall require, at the discretion of the CITY Risk Manager or designee, subcontractor(s) to enter into a separate Side Agreement with the City to provide required indemnification and insurance protection. Any required Side Agreement(s) and associated insurance documents for the subcontractor must be reviewed and preapproved by CITY Risk Manager or designee. If no Side Agreement is required, SERVICE PROVIDER will be solely responsible for ensuring that it’s subcontractors maintain insurance coverage at levels no less than those required by applicable law and is customary in the relevant industry. DocuSign Envelope ID: 12172DDC-3869-47A8-B332-E835F5C36C90 EXHIBIT C DISCLOSURE OF CONFLICT OF INTEREST Triage Center Services at Golden State Center 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: 12172DDC-3869-47A8-B332-E835F5C36C90 Raymond Banks Visalia CA 93290-7447 5/26/2023 PO BOX 7447 Turning Point of Central California, Inc. City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-826 Agenda Date:6/15/2023 Agenda #:1.-I. REPORT TO THE CITY COUNCIL FROM:JENNIFER CLARK, Director Planning and Development Department THROUGH:PHIL SKEI, Assistant Director Planning and Development Department BY:CORRINA NUNEZ, Project Manager Housing and Community Development Division SUBJECT Approve a $1.9 million State and Local Fiscal Recovery Funds (Part of the American Rescue Plan Act) Agreement with Better Opportunities Builder, Inc., an affiliate of the Housing Authority of the City of Fresno, for the conversion and rehabilitation of the former Econo Inn Motel into a 25-unit affordable multi-family affordable housing and workforce housing project. RECOMMENDATION Staff recommends the City Council approve a $1.9 million State and Local Fiscal Recovery Funds (SLFRF) Agreement with Better Opportunities Builder, Inc. (Exhibit “A” - SLFRF Agreement), an affiliate of the Housing Authority of the City of Fresno, for its proposed Econo North Project that consists of the conversion and rehabilitation of the former Econo Inn Motel located at 1840 Broadway Street, into a 25-unit affordable multi-family workforce housing project. EXECUTIVE SUMMARY The City of Fresno (City) is proposing to enter into a State and Local Fiscal Recovery Funds (SLFRF) Agreement with Better Opportunities Builder, Inc., to convert and rehabilitate the former Econo Inn Motel into 25 units of affordable and workforce housing in order to advance the supply of affordable rental housing and workforce housing for the “missing middle” within the City. BACKGROUND On December 9, 2021, the City Council elected to use a portion of the City’s SLFRF allocation to support the COVID-19 Public Health and Economic Response by addressing the impact on lower income households by using funds to help increase the supply of affordable housing and the creation of affordable housing, which is an eligible use of funds under the Act. Also, on March 24, 2022, the City Council adopted Resolution 2022-072 supporting the Housing Authority’s Econo North Project City of Fresno Printed on 6/20/2023Page 1 of 3 powered by Legistar™ 06/15/2023 NE/MA 7-0 APPROVED ON CONSENT File #:ID 23-826 Agenda Date:6/15/2023 Agenda #:1.-I. City Council adopted Resolution 2022-072 supporting the Housing Authority’s Econo North Project and expressing an intent to contribute up to $3 million in SLFRF for the project. On June 18,2021,the Housing and Community Development Division released a 2021-2022 Notice of Funding Availability (NOFA)for the development of affordable housing.In response to the NOFA, the City received several applications that are being recommended for funding,one of which is the Econo North Project.The Econo North application for funding is not subject to the Better Business Act as the Housing and Community Development Division received the SLFRF request through a formal application for funding process.In addition,this project is not considered a “private sector” project. If approved as recommended,Better Opportunities Builder will enter into a SLFRF Agreement with the City for the $1.9 million at 3%interest for the proposed Econo North conversion and rehabilitation project.The Econo North project cost is estimated at $5,542,312:$1,900,000 in SLFRF,$965,000 conventional construction loan,$712,019 in deferred developer fee and $1,965,293 in owner equity. The cost per square foot for the residential units is estimated at $277 ($2,603,717 / 9,410 sq. ft.). This adapted reuse project consists of the conversion and rehabilitation of the former Econo Inn Motel into the Econo North Apartments (Exhibit “B”-Project Location Map).The Econo North Apartments will consist of 24-units and 1 on-site manager unit with a mix of 18 studios,6 one- bed/one-bath,and 1 two-bed/one-bath (Exhibit “C”-Photos and Site Plan).In addition,the construction of the project will consist of durable and environmentally friendly building materials, incorporate the City of Fresno Green building standards,Universal Design features,provide at least one on-site parking spaces,drought tolerant landscaping,a laundry room,and a play area.Unit sizes will range from 276 to 335 square feet for a studio,497-564 square feet for a one-bedroom,and 831 square feet for a two-bedroom.Unit rents will range up to $850 per unit depending on bedroom size and location.Qualifying tenants’income will range from 60%to 120%of area median income.Twelve units will be SLFRF-assisted floating units and carry a 55-year affordability covenant. Over the past 60 years,Housing Authority has constructed,rehabilitated,managed,and owned thousands of affordable housing units for lower income households.As part of its mission to create vibrant communities,the Housing Authority provides service rich social programs to its residents to help promote self-sufficiency.Some of the most recent projects include the Lowell Neighborhood Project,Renaissance at Santa Clara,Renaissance at Alta Monte,Renaissance at Trinity,Pacific Gardens, Granada Commons, Bridges at Florence, and the downtown City View apartments. The approximate completion date of the Econo North project is January 2024.In the event an extension of time is needed,an amendment to the SFLRF Agreement will be brought before Council for approval.Once completed,the Econo North will assist the City of Fresno with its affordable housing goals and objectives as outlined in the Housing Element of the 2035 General Plan,2020- 2024 Consolidated Plan,and One Fresno Housing Strategy.The proposed conversion of the former Econo Inn Motel into the Econo North Apartments also fulfills City goal to transform existing vacant buildings into affordable housing for the City’s residents. ENVIRONMENTAL FINDINGS The City Council previously adopted a finding on March 18,2022 that the proposed project is categorically exempt from the requirements of CEQA pursuant to Sections 15301/Class 1 (existing City of Fresno Printed on 6/20/2023Page 2 of 3 powered by Legistar™ File #:ID 23-826 Agenda Date:6/15/2023 Agenda #:1.-I. categorically exempt from the requirements of CEQA pursuant to Sections 15301/Class 1 (existing facilities)and 15302/Class 2 (reconstruction of existing structure)of State CEQA Guidelines.This exemption applies because this project involves the purchase and rehabilitation of existing multi- family housing units without expansion of the facilities.Staff has determined that none of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines,Section 15300.2 apply to this project.In addition,Pursuant to the Coronavirus State and Local Fiscal Recovery Funds Final Rule: Frequently Asked Questions published on July 27,2022,NEPA does not apply to Treasury's administration of the funds. FISCAL IMPACT The SLFRF Program funds for the proposed Econo North Housing project were appropriated to the Planning and Development Department as part of its fiscal year 2023 Budget. Attachments: Exhibit A - SLFRF Agreement Exhibit B - Project Location Map Exhibit C - Photos and Site Plan City of Fresno Printed on 6/20/2023Page 3 of 3 powered by Legistar™ March 16, 2023 P22-01726 AD23-02114 04/13/23 Exhibit “B” Project Location Maps Exhibit “C” Photos and Site Plans ECONO NORTH View from the West Inside the Complex (Looking North) Front Entrance Southern Property Line View from the East Broadway St.Sacramento St.Bike RacksOpen SpaceAutomated Gate 24' - 0"2' - 10"17' - 0"33' - 7 3/4"17' - 0"1' - 9 1/4"New accessible trash enclousure per City of Fresno Standards Typical 9' - 0" This stall converted to accessible stall Gate motor Exisiting wrouight iron fence to remain 3 existing stalls to removed and replace with open space Existing block wall to reamain New 3' Gate New 6' tall wrought iron fence Existing tall signage to be modernized 13 Parking stalls New 6" concrete curb Building on adjacent property Existing street parking Adjacent lot Existing 2-way approach Existing sidewalk 140.00' 140.00'100.00'100.00'NO PARKING 9' - 0" 8' - 10 1/2" Typical 9' - 0" Existing concrete walkway Existing concrete walkwayAlley4' - 0"4' - 0"4' - 10" Hotel rooms to be converted to multi-family residence (25 Total) New tree (Typ.)PHTARVENELGRUOPROJECT:SHEETDR:This sheet and its contents and ideas are the property of The Vernal Group and no use shall be granted without express written consent.Architecture & Planning www.vernalgroup.com info@vernalgroup.com2014 Tulare St. #225, Fresno, Ca. 93721 Ph: (559) 222-9480 Paul N. Miller Renewal Date: 2/28/23 S E D ARC H I TECTC 27442LICEN STATEoF CA L IF oRNIAR e v is io n s 3/16/2022 7:37:07 AMA1.1Project NumberSite Plan DBEcono Inn Hotel-To-Residence Conversion1840 Broadway St. 1" = 10'-0"1 Site Plan NORTH 2 3D View Main Service19' - 6"40' - 0"140' - 0"100' - 0"100' - 0"PHTARVENELGRUOPROJECT:SHEETDR:This sheet and its contents and ideas are the property of The Vernal Group and no use shall be granted without express written consent.Architecture & Planning www.vernalgroup.com info@vernalgroup.com2014 Tulare St. #225, Fresno, Ca. 93721 Ph: (559) 222-9480 Paul N. Miller Renewal Date: 2/28/23 S E D ARC H I TECTC 27442LICEN STATEoF CA L IF oRNIAR e v is io n s 3/16/2022 7:37:09 AMA2.1Project NumberFloor Plans DBEcono Inn Hotel-To-Residence Conversion1840 Broadway St. 1/8" = 1'-0"1 Level 1 1/8" = 1'-0"2 Level 2 NORTH NORTH Level 1 0' -6" Level 2 9' -6" New cement board siding Existing window (Typ.) Existing sign to be modernized Existing cement plaster to be "re-dashed" Level 1 0' -6"Site Plan 0' -0" Level 2 9' -6"PHTARVENELGRUOPROJECT:SHEETDR:This sheet and its contents and ideas are the property of The Vernal Group and no use shall be granted without express written consent.Architecture & Planning www.vernalgroup.com info@vernalgroup.com2014 Tulare St. #225, Fresno, Ca. 93721 Ph: (559) 222-9480 Paul N. Miller Renewal Date: 2/28/23 S E D ARC H I TECTC 27442LICEN STATEoF CA L IF oRNIAR e v is io n s 3/16/2022 7:37:11 AMA3.1Project NumberExterior Elevations DBEcono Inn Hotel-To-Residence Conversion1840 Broadway St. 1/8" = 1'-0"1 East 3/16" = 1'-0"2 South 1/8" = 1'-0"3 West 1/8" = 1'-0"4 North Existing brick wainscot to be removed and cement plaster applied Existing wall mural to remain New PTAC (Typ.) City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-827 Agenda Date:6/15/2023 Agenda #:1.-J. REPORT TO THE CITY COUNCIL FROM:JENNIFER CLARK, Director Planning and Development Department THROUGH:PHIL SKEI, Assistant Director Planning and Development Department BY:CORRINA NUNEZ, Project Manager Housing and Community Development Division SUBJECT Approve a $3.5 million State and Local Fiscal Recovery Funds (part of the American Rescue Plan) Agreement with Fresno Step Up at 99, LP for the proposed rehabilitation of 1240 and 1280 Crystal Avenue (the former Motel 99) and the introduction of new construction to create 62 affordable permanent housing units in west central Fresno. (Council District 3) RECOMMENDATION Staff recommends the City Council approve a $3.5 million State and Local Fiscal Recovery Funds (SLFRF) Agreement (Exhibit “E” - SLFRF Agreement) with Step Up at 99, LP for the proposed rehabilitation of the former Motel 99 and the introduction of new construction to create 62 affordable permanent housing units in west central Fresno and authorize the City Manager to execute all implementing documents. EXECUTIVE SUMMARY The City of Fresno (City) is proposing to enter into a State and Local Fiscal Recovery Funds (SLFRF) Agreement with Step Up at 99, LP, to rehabilitate the former Motel 99 and include new construction, to develop 63 units of affordable permanent housing units in order to advance the supply of affordable rental housing within the City. BACKGROUND On December 9, 2021, the City Council elected to use a portion of the City’s SLFRF allocation to support the COVID-19 Public Health and Economic Response by addressing the impact on lower income households by using funds to help increase the supply of affordable housing and the creation of affordable housing, which is an eligible use of funds under the Act. Also, on February 17, 2022, City of Fresno Printed on 6/20/2023Page 1 of 3 powered by Legistar™ 06/15/2023 NE/MA 6-1 GB VOTED NO APPROVED ON CONSENT File #:ID 23-827 Agenda Date:6/15/2023 Agenda #:1.-J. the City Council adopted Resolution 2022-046 supporting this project in an amount up to $3.5 million. On June 8,2022,the Housing and Community Development Division released a 2022-2023 Notice of Funding Availability (NOFA)for the development of affordable housing.In response to the NOFA,the City received several applications that have been recommended for funding,one of which is the Step Up on 99 Project.The Step Up on 99 Project application for funding is not subject to the Better Business Act as the Housing and Community Development Division received the SLFRF request through a formal application for funding process.In addition,this project is not considered a “private sector” project. If approved as recommended, Step Up at 99, LP will enter into a SLFRF Agreement with the City for a $3.5 million residual receipts loan at 3% interest with a 55-year maturity date. The Step Up at 99 project cost is estimated at $38,746,137: $29,120,273 in tax credit equity, $546,000 in conventional loan, $5,259,125 in HomeKey funds, $320,739 in accrued deferred Interest, and $3.5 million in City of Fresno SLFRF funds (Exhibit B - Project Sources and Uses). The cost per square foot for the residential units is estimated at $561 ($23,235,000 / 41,448 sq. ft.). The square foot cost was derived from the total project cost less: the costs for specialized professional services, reserves as a condition financing, application fees, costs associated with submitting applications for funding, on and offsite improvements, and similar soft costs. This adaptive reuse project consists of rehabilitation and the introduction of new construction at the existing Motel 99 property located at 1240 and 1280 Crystal Avenue, Fresno 93728 (APN: 449-232- 01 and 449-232-02) (Exhibit C - Project Location Map). As part of the rehabilitation phase, upgrades will include, but not be limited to, new flooring, windows, carpeting, cabinetry, doors, lighting, bathroom and kitchen fixtures, dishwashers, heating/cooling, roofing, and repair/replacement of inadequate mechanical, electrical, and plumbing systems. The new construction phase will also include the same amenities. In addition, Step Up at 99 will be rehabilitated and constructed with a durable and environmentally friendly building materials, incorporate the City of Fresno Green building standards and Universal Design features, provide approximately 73 on-site parking spaces, drought tolerant landscaping, laundry room, playground, and a community center. The existing motel rooms (Exhibit D - Photos and Floor Plans) will be converted into 62 affordable permanent housing unit (10 studios, 20 one-bed/one-bath, 16 two-bed/one-bath, and 16 three- bed/one-bath). One additional two-bedroom unit will be reserved for an on-site manager for a total of 63 housing units. Ten one-bed/one-bath units will be SLFRF-assisted floating units that carry a 55- year affordability covenant. Unit sizes will range in square footage from 264 S.F. for studios, 435 S.F. to 485 S.F. for one-bedrooms, 770 S.F. to 784 S.F. for two-bedrooms, and 1,131 S.F. to 1,143 S.F. for three-bedrooms. The unit rents will range from $273 to $1,215 per unit depending on bedroom sizes and the location. Qualifying tenants’ income will range from 20% to 60% of the Fresno area median income. The motel, currently operating as a family shelter, has a small number of occupants who will continue to receive housing placement assistance prior to construction commencing. Any occupants who are unable to find permanent housing will be relocated to another shelter or bridge housing location where they will continue to receive housing placement assistance. The detailed relocation process is fully articulated in the developer’s relocation plan. Over the past 60 years, Housing Authority has constructed, rehabilitated, managed, and owned many City of Fresno Printed on 6/20/2023Page 2 of 3 powered by Legistar™ File #:ID 23-827 Agenda Date:6/15/2023 Agenda #:1.-J. affordable housing units for lower income households. As part of its mission to create vibrant communities, the Housing Authority provides service rich social programs to its residents to help promote self-sufficiency. Some of the most recent projects include the Monarch, Alegre Commons, and Villages @ Broadway. The approximate completion date of the Step Up at 99 project is January 1, 2025. In the event an extension of time is needed, an amendment to the SLFRF Agreement will be brought before Council for approval. Once completed, the Step Up at 99 will assist the City of Fresno with its affordable housing goals and objectives as outlined in the Housing Element of the 2035 General Plan, 2020- 2024 Consolidated Plan, and One Fresno Housing Strategy. The proposed rehabilitation and new construction at the former Motel 99 site into the Step Up at 99 Apartments will also fulfill the City and State goals to create permanent affordable housing. ENVIRONMENTAL FINDINGS California State Assembly Bill 83 added Health and Safety Code Section 50675.1.2 exempting certain projects funded pursuant to Section 50675.1.1 from the requirements of the California Environmental Quality Act (CEQA)..Staff determined that the project is exempt because it is being funded by Project Homekey funds,all applicable statutory requirements have been met,and the Zone Clearance Application was submitted on April 27,2021,prior to the statutory deadline of April 30,2021.This application was approved by the Planning &Development Director on June 25,2021 (prior to the repeal of Assembly Bill 83 on July 1,2021),at which time the project was determined to be exempt from CEQA. There is no further environmental assessment required at this time. Additionally,pursuant to the National Environmental Policy Act (NEPA)guidelines,a review of the project activities resulted in a Finding of No Significant Impact.The Housing Authority of the City of Fresno received authorization to use grant funds from the U.S.Department of Housing and Urban Development under Part 58 on September 17, 2021. FISCAL IMPACT The State and Local Fiscal Recovery Funds for the proposed Step Up at 99 Housing project were appropriated to the Planning and Development Department as part of its fiscal year 2023 Budget. Attachments: Exhibit A - Project Sources and Uses Exhibit B - Project Location Map Exhibit C - Photos and Floor plans Exhibit D - SLFRF Agreement City of Fresno Printed on 6/20/2023Page 3 of 3 powered by Legistar™ Development Sources and Uses Sources of Funds l Current Conventional Perm Loan $ 546,000 Home Key $ 5,259,125 City of Fresno $ 3,500,000 Accured Deferred Interest $ 320,739 Tax Credit Equity $ 29,120,273 Total Sources of Funds $ 38,746,137 Uses of Funds C Current Land Cost $4,425,000 Construction Costs $23,235,000 Relocation $225,000 Hard/Soft Contingencies $1,418,261 Permits/Impact Fees/etc.$546,789 Professional Fees $1,766,000 Loan Fees and other Soft Costs $4,628,431 Reserves $301,656 Developer Fee $2,200,000 Total Uses of Funds $ 38,746,137 Step Up on 99 EXHIBIT "A" Project Sources and Uses Exhibit “B” Project Loca�on Maps Loca�on of the property Enlarged Project Loca�on Project Location Street view Google Earth view Exhibit “C” Photos and Floor Plan view from the north Inside the Complex Inside the complex View from south with parking spaces SHEET NO.PROJECT NO.2204SHEET TITLE:SCALE:NO. DATE: ISSUE:425 Spruce Ave.Clovis, Ca 93611559 . 435 . 3303www.rldavidson.com06.07.2022 TCAC APPLICATION © 2022, r.l. davidson, inc.no part of this drawing may be reproduced,stored in a retrieval system, or transmitted inany form or by any means, electronic, mechanical,photocopying, recording, or otherwise, withoutwritten permission of r.l. davidson, inc.all rights reserved.FOR:FRESNO HOUSING AUTHORITY1331 Fulton MallFresno CA 93721STEP UP ON 991240 NORTH CRYSTAL AVENUE, FRESNO, CA.REFKITCHEN /LIVING(E) 11'-5" (V.I.F.)3'-6"7'-11"(E) 21'-1" (V.I.F.)2'-0"19'-1"(E) 21'-1" (V.I.F.)6'-0"15'-1"BATHCL.11'-5"x14'-9"7'-7"x6'-0"3/0-6/82/102/10KITCHEN /DININGBATHBEDROOMLIVINGREF11'-5"(E) 40'-6" (V.I.F.)(E) 17'-5" (V.I.F)(E) 21'-1" (V.I.F.)10'-10"2'-4"10'-4"16'-2"3'-10"MIN. CLR.CL.11'-5"x10'-10"11'-5"x10'-6"7'-3"x10'-0"3/0-6/82/102/10PR. 2/4DWLIVINGKITCHEN /DININGBATHCL.CL.CL.BEDRM. 2(E) 11'-5"(E) 11'-5"(E) 11'-5"(E) 35'-5"4'-8"6'-10"(E) 21'-1"5'-6"15'-7"8'-8"2'-9"(E) 21'-1" (V.I.F.)7'-2"3'-10"10'-1"BEDRM. 1REF.11'-5"x10'-6"11'-5"x9'-9"11'-5"x15'-3"11'-5"x7'-2"3/0-6/82/102/102/102/102/102/10P-201EXISTING BUILDING '1'UNITS 'A', 'B', 'C', 'D', 'E'& MANAGER'S UNITFLOOR PLANS1/4" = 1'-0"DWBATHBEDRM. 1LIVINGBEDRM. 2KITCHEN /DININGCL.(E) 35'-5" (V.I.F)(E) 17'-5" (V.I.F.)7'-8"9'-9"17'-5"(E) 11'-5"(E) 11'-5"(E) 11'-5"2'-0"15'-5"2'-6"5'-2"CL.REF.11'-5"x15'-0" 11'-5"x10'-3" 11'-5"x9'-5"11'-5"x7'-2"11'-5"x7'-8"3/0-6/82/10PR. 2/02/102/10PR. 2/6REF.DWCL.BATH(E) 11'-5" (V.I.F.)(E) 11'-5" (V.I.F.)BEDROOMKITCHEN /DININGLIVING(E) 17'-4 3/4" (V.I.F.)7'-1 1/4"10'-3 1/2"11'-5"x9'-11"11'-5"x9'-11"11'-5"x7'-5"11'-5"x7'-1"3/0-6/82/82/1023'-4"DW(E) 43'-3" (V.I.F.)13'-0"2'-0"12'-7"2'-0"13'-8"25'-7"(E) 25'-7" (V.I.F.)(E) 11'-6"(E) 14'-1"8'-0"3'-6"14'-1"(E) 43'-3" (V.I.F.)19'-11"23'-4"BEDROOM 2BATHKIT. /DININGLIVINGMAINTENANCE /STORAGEBEDROOM 1REF.CL.CL.13'-8"x13'-7"9'-8"x13'-7"13'-4"x11'-6"12'-8"x11'-6"12'-0"x7'-8"3/0-6/82/102/10PR. 2/6PR. 2/62/102/10WD(273 S.F.)BUILDING '1'UNIT 'A' FLOOR PLAN (STUDIO) - 264 S.F.1/4" = 1'-0"BUILDING '1'UNIT 'B' FLOOR PLAN (1BD / 1 BA.) - 485 S.F.1/4" = 1'-0"BUILDING '1'UNIT 'C' FLOOR PLAN (2BD / 1 BA.) - 784 S.F.1/4" = 1'-0"1/4" = 1'-0"BUILDING '2'UNIT 'E' FLOOR PLAN (1BD /1 BA) - 439 S.F.1/4" = 1'-0"BUILDING '1'MANAGER'S UNIT FLOOR PLAN - 887 S.F.1/4" = 1'-0"BUILDING '1'UNIT 'D' FLOOR PLAN (2BD / 1 BA.) - 720 S.F.S:\2022 PROJECTS\2204 - HA - STEP UP 99\AutoCAD\PRELIM PACKAGE\2204_P-201_UNIT PLANS.dwg, 6/21/2022 4:00:17 PM SHEET NO.PROJECT NO.2204SHEET TITLE:SCALE:NO. DATE: ISSUE:AT ETATS LACFOIINROFREN. 1-31-23NO. C8883RSEIBORLNECDIC NOSAED.LTRADVCETIH P-202AS SHOWNBUILDING '3' - UNITS 'F'& 'G' FLOOR PLANSPlotted: Monday, June 6, 20221:25 PM © 2022, r.l. davidson, inc.no part of this drawing may be reproduced,stored in a retrieval system, or transmitted inany form or by any means, electronic, mechanical,photocopying, recording, or otherwise, withoutwritten permission of r.l. davidson, inc.all rights reserved.STEP UP ON 99(BUILDING '3') FRESNO, CA. 93728FRESNO HOUSING AUTHORITYR.L. Davidson,Inc.ARCHITECTSEST. 1987425 Spruce Ave.Clovis, Ca 93611559 . 435 . 3303www.rldavidson.comFOR:1331 FULTON MALLFRESNO, CA. 9372131'-4"46'-8"31'-4"46'-8"11'-10"14'-0" 5'-6"16'-6" 8'-10" 10'-10" 10'-6"3'-4"11'-6"1'-8"5'-9" 5'-9"4'-5" 4'-5" 5'-5" 5'-5" 5'-3" 5'-3"14'-8" 13'-8" 3'-0"2'-10"11'-10"2'-4"11'-4"12'-8" 5'-0" 10'-10" 7'-8" 7'-0" 3'-6"14'-10" 6'-8" 2'-10" 5'-1"2'-10"CLCLCLCLREF.DW4'-2"11"6'-9" 10'-6"7'-10" 2'-7" 4'-3" 2'-4" 10'-4"1'-0"11'-0" x 11'-9"11'-0" x 14'-6"13'-9" x 10'-0"11'-0" x 10'-0"10'-0" x 10'-0"5'-0" x 11'-6"3/0-6/88/0-6/8SGD2/0 PR.2/02/102/102/102/42/02/102/0 PR.2/104/0-4/8 SL.2/0 PR.PATIOKITCHEN /DININGLIVING ROOMBATH-2M. BATHM. BEDROOMBEDROOM 3W/H4/0-4/8 SL.4/0-4/8 SL.7'-6" x 10'-0"10'-0" x 7'-6"BEDROOM 330'-4"11'-10" 18'-6"2'-0"14'-0" 4'-6"46'-8"3'-0" 16'-6" 8'-10" 10'-10" 7'-6"3'-4"11'-6"1'-8"5'-9" 5'-9"4'-5" 4'-5" 5'-5" 5'-5" 3'-6" 4'-0"30'-4"17'-0"11'-4"2'-0"14'-2" 2'-10"3'-0" 12'-2"3'-0" 7'-6"2'-8" 6'-8" 3'-10" 4'-1" 3'-9"7'-10" 2'-7" 3'-9" 2'-10" 10'-4"1'-0"46'-8"17'-10" 10'-6" 7'-10" 7'-0" 3'-6"CLCLCLCLCLREF.DW11'-0" x 17'-4"14'-0" x 14'-4"16'-0" x 10'-0"11'-0" x 10'-0"10'-0" x 10'-0"5'-0" x 11'-6"3/0-6/88/0-6/8SGD2/0 PR.2/02/102/102/102/42/01/82/102/0 PR.2/104/0-4/8 SL.2/0 PR.PATIOKITCHEN /DININGLIVING ROOMBATH-2M. BATHM. BEDROOMBEDROOM 3W/H4/0-4/8 SL.4/0-4/8 SL.7'-6" x 10'-0"10'-0" x 7'-0"BEDROOM 3SCALE: 1/4" = 1'-0"UNIT 'G' - FLOOR PLAN - 1,120 SQ. FT.SCALE: 1/4" = 1'-0"UNIT 'F' - FLOOR PLAN - 1,129 SQ. FT.06-07-2022 TCAC APPLICATION SHEET NO.PROJECT NO.2204SHEET TITLE:SCALE:NO. DATE: ISSUE:AT ETATS LACFOIINROFREN. 1-31-23NO. C8883RSEIBORLNECDIC NOSAED.LTRADVCETIH P-203AS SHOWNBUILDING '3' - UNIT 'G1'FLOOR PLANPlotted: Monday, June 6, 20221:25 PM © 2022, r.l. davidson, inc.no part of this drawing may be reproduced,stored in a retrieval system, or transmitted inany form or by any means, electronic, mechanical,photocopying, recording, or otherwise, withoutwritten permission of r.l. davidson, inc.all rights reserved.STEP UP ON 99(BUILDING '3') FRESNO, CA. 93728FRESNO HOUSING AUTHORITYR.L. Davidson,Inc.ARCHITECTSEST. 1987425 Spruce Ave.Clovis, Ca 93611559 . 435 . 3303www.rldavidson.comFOR:1331 FULTON MALLFRESNO, CA. 93721REF.DW31'-4"47'-8"31'-4"47'-8"11'-10"19'-6"14'-0" 5'-6"1'-0" 16'-6" 8'-10" 10'-10" 10'-6"3'-4"11'-6"1'-8"5'-9" 5'-9"4'-5" 4'-5" 5'-5" 5'-5" 5'-3" 5'-3"14'-8" 13'-8" 3'-0"2'-10"11'-10"2'-4"11'-4"13'-8" 5'-0" 3'-2" 7'-8" 2'-0" 5'-8" 7'-0" 3'-6"6'-7" 10'-4"1'-0"7'-10" 2'-7" 4'-3" 2'-4"2'-6" 12'-4" 2'-10" 6'-8" 4'-2"11"6'-9"CLCLCLCL11'-0" x 11'-9"11'-0" x 14'-6"13'-9" x 10'-0"11'-0" x 10'-0"10'-0" x 10'-0"5'-0" x 11'-6"3/0-6/88/0-6/8SGD2/0 PR.2/02/102/102/102/42/02/102/0 PR.2/104/0-4/8 SL.2/0 PR.PATIOKITCHEN /DININGLIVING ROOMBATH-2M. BATHM. BEDROOMBEDROOM 3W/H4/0-4/8 SL.4/0-4/8 SL.7'-6" x 10'-0"10'-0" x 7'-6"BEDROOM 3SCALE: 1/4" = 1'-0"UNIT 'G1' - FLOOR PLAN - 1,132 SQ. FT.06-07-2022 TCAC APPLICATION SHEET NO.PROJECT NO.2204SHEET TITLE:SCALE:NO. DATE: ISSUE:425 Spruce Ave.Clovis, Ca 93611559 . 435 . 3303www.rldavidson.comXX.XX.2022 X••2022, r.l. davidson, inc.no part of this drawing may be reproduced,stored in a retrieval system, or transmitted inany form or by any means, electronic, mechanical,photocopying, recording, or otherwise, withoutwritten permission of r.l. davidson, inc.all rights reserved.FOR:FRESNO HOUSING AUTHORITY1331 Fulton MallFresno CA 93721STEP UP ON 991240 NORTH CRYSTAL AVENUE, FRESNO, CA.BUILDING 1 - FLOOR PLAN - LEVEL 1STAIR '3'STAIR '5'DDDWWWLAUNDRYSINKSTAIR '1'STAIR '2'STAIR '4'UNIT 'A'STOR.LAUNDRYBREEZEWAYBREEZEWAYUNIT 'A'UNIT 'A'UNIT 'B'UNIT 'B'UNIT 'B'UNIT 'C'UNIT 'D'UNIT 'D'UNIT 'D'UNIT 'C'UNIT 'C'UNIT 'D'UNIT 'D'UNIT 'B'UNIT 'B'MANAGER'SUNITMAINTENANCE/STORAGE(E) 40'-6" ±(E) 72'-5" ±(E) 6'-0" ±(E) 72'-5" ±(E) 7'-0" ±(E) 40'-6" ±(E) 122'-5" ±(E) 44'-2" ±P-211BUILDING '1'COORDINATION PLAN- LEVEL 1 -1/8" = 1'-0"06-07-2022 TCAC APPLICATION SHEET NO.PROJECT NO.2204SHEET TITLE:SCALE:NO. DATE: ISSUE:425 Spruce Ave.Clovis, Ca 93611559 . 435 . 3303www.rldavidson.comXX.XX.2022 X••2022, r.l. davidson, inc.no part of this drawing may be reproduced,stored in a retrieval system, or transmitted inany form or by any means, electronic, mechanical,photocopying, recording, or otherwise, withoutwritten permission of r.l. davidson, inc.all rights reserved.FOR:FRESNO HOUSING AUTHORITY1331 Fulton MallFresno CA 93721STEP UP ON 991240 NORTH CRYSTAL AVENUE, FRESNO, CA.BUILDING 1 - FLOOR PLAN - LEVEL 2STAIR '3'STAIR '5'STOR.WATERHEATERELECT. MAINSWITCH GEARTEL. BOARDELECT. SUB-PANELSSTAIR '1'STAIR '2'STAIR '4'LAUNDRYELECT.UNIT 'D'UNIT 'A'BREEZEWAYBREEZEWAYUNIT 'A'UNIT 'A'UNIT 'B'UNIT 'B'UNIT 'B'UNIT 'C'UNIT 'D'UNIT 'D'UNIT 'D'UNIT 'C'UNIT 'C'UNIT 'D'UNIT 'B'UNIT 'B'UNIT 'A'UNIT 'A'UNIT 'A'UNIT 'A'UTILITYROOMP-212BUILDING '1'COORDINATION PLAN- LEVEL 2 -1/8" = 1'-0"06-07-2022 TCAC APPLICATION SHEET NO.PROJECT NO.2204SHEET TITLE:SCALE:NO. DATE: ISSUE:425 Spruce Ave.Clovis, Ca 93611559 . 435 . 3303www.rldavidson.comXX.XX.2022 X••2022, r.l. davidson, inc.no part of this drawing may be reproduced,stored in a retrieval system, or transmitted inany form or by any means, electronic, mechanical,photocopying, recording, or otherwise, withoutwritten permission of r.l. davidson, inc.all rights reserved.FOR:FRESNO HOUSING AUTHORITY1331 Fulton MallFresno CA 93721STEP UP ON 991240 NORTH CRYSTAL AVENUE, FRESNO, CA.STAIR '1'STAIR '2'BUILDING 2 - FLOOR PLAN - LEVEL 1(E) 18'-4"(E) 120'-6"UNIT 'E'UNIT 'E'UNIT 'E'UNIT 'E'UNIT 'E'24'-3"24'-0"24'-0"24'-0"24'-3"P-221BUILDING '2'COORDINATION PLANS- LEVELS 1 & 2 -1/8" = 1'-0"STAIR '1'STAIR '2'BUILDING 2 - FLOOR PLAN - LEVEL 2UNIT 'E'UNIT 'E'UNIT 'E'UNIT 'E'UNIT 'E'06-07-2022 TCAC APPLICATION ..J approve this Project, which is statutorily exempt from CEQA pursuant to Article 18, Statutory Exemptions, Section 15268 of the CEQA Guidelines . I. WHEREAS, the CITY has determined that this Agreement is in the best interest of, and will materially contribute to, the Housing Element of the General Plan. Further, the CITY has found that the Project: (i) will have a positive influence in the neighborhood and surrounding environs, (ii) is in the vital and best interest of the CITY, and the health, safety, and welfare of CITY residents, (iii) complies with applicable federal, State, and local laws and requirements, (iv) will increase, improve, and preserve the community's supply of Low to Very Low-Income Housing available at an affordable cost to Very-Low to Low-Income household, as defined hereunder, (v) planning and administrative expenses incurred in pursuit hereof are necessary for the production, improvement, or preservation of Very-Low to Low-Income Housing, and (vi) will comply with any and all owner participation rules and criteria applicable thereto. J. WHEREAS, the CITY and DEVELOPER have determined that the Project's SLFRF-Assisted Units constitute routine programmatic/grantee lender activities utilizing available and allocated program/grantee funding, outside the reach of the California Constitution Article XXXIV and enabling legislation. K. WHEREAS, the parties acknowledge and agree that the obligations and liabilities of the DEVELOPER hereunder shall be joint and several unless and except to any extent expressly provided otherwise. L. WHEREAS, on June 21, 2022 , the Board of the Housing Authority of the City of Fresno, CA, sole member of Fresno Step Up at 99, AGP, LLC, the Administrative General Partner of DEVELOPER, reviewed and approved the development of the Project and SLFRF Application for funding. NOW, THEREFORE, IN CONSIDERATION of the above recitals, which recitals are contractual in nature, the mutual promises herein contained, and for other good and valuable consideration hereby acknowledge, the parties agree as follows: ARTICLE 1. DEFINITIONS The following terms have the meaning and content set forth in this Article wherever used in this Agreement, attached exhibits or attachments that are incorporated into this Agreement by reference. 1.1 Acquisition means vesting of the Property in fee title to the DEVELOPER. 1.2 ADA means the Americans with Disabilities Act of 1990, as most recently amended. 1.3 Affirmative Marketing means a good faith effort to attract eligible persons of all racial, ethnic and gender groups, in the housing market area, to rent the proposed Housing Units proposed for rehabilitation and construction on the eligible Property, as hereinafter defined. 1.4 Affordability Period means the minimum period of 55-years commencing from the date the CITY records a Certification of Completion. 1.5 Affordable Housing means 10 of the 63 housing units required to meet the affordability requirements of the SLFRF. 2 3193203v1 / 18621.0001 P22-03078 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-835 Agenda Date:6/15/2023 Agenda #: 1.-K. REPORT TO THE CITY COUNCIL FROM:JENNIFER CLARK, Director Planning and Development Department PHIL SKEI, Assistant Director Planning and Development Department BY:JILLIAN GAYTAN, Senior Management Analyst Homeless Services Division SUBJECT Approve an Agreement with Turning Point of Central California to operate the Bridge Point Triage Center emergency shelter in the total amount of $888,385 in Homeless Housing, Assistance, and Prevention funds (HHAP). RECOMMENDATION Staff recommends the City Council approve the agreement with Turning Point of Central California (TPOCC) to operate the Bridge Point Triage Center using HHAP funds; and authorize the City Manager to sign all implementing agreements. EXECUTIVE SUMMARY The City of Fresno (City) has an existing agreement with TPOCC to operate and provide homeless services at Bridge Point Triage Center funded through Homeless Housing, Assistance, and Prevention (HHAP) funds. The current agreement is expected to be fully expended and will expire on June 30, 2023. In order to continue operations without disruption through June 30, 2024, a new agreement for emergency shelter services must be executed. BACKGROUND In February 2020, the City was awarded HHAP funding in the amount of $6,158,246.18 from the California Homeless Coordinating and Financing Council to address homelessness, in September 2021 received $2,911,171 in a second round of HHAP allocations, and on January 18, 2023 received a total of $7,524,257.15 in a third round of HHAP allocations. Health and Safety Code Section 50220.5 (d) allows grantees to use the HHAP funding allocation for operating subsidies in new and existing emergency shelters and for services coordination for homeless populations. City of Fresno Printed on 6/20/2023Page 1 of 2 powered by Legistar™ 06/15/2023 NE/MA 7-0 APPROVED ON CONSENT File #:ID 23-835 Agenda Date:6/15/2023 Agenda #: 1.-K. In February 2023, the Planning and Development Department released a Request for Qualifications (RFQ) seeking qualified community-based organizations to develop motels into homeless shelters and/or operate homeless shelters and provide services for unhoused individuals. TPOCC’s response to the RFQ demonstrated that the organization is well-qualified to provide emergency shelter services for unhoused individuals. The services provided under the Triage Center emergency shelter agreement include: ·Emergency Shelter: The Triage Center will operate 30 emergency shelter beds at a single location for adults experiencing homelessness in City of Fresno. Basic shelter services provided with meals. The maximum length of stay will be 90 days, subject to exceptions for documented situations. ·Case Management: The Triage Center will provide intensive case management services that focus on helping participants develop a housing plan and overcome barriers to attaining permanent housing. Participants that have been connected to a permanent housing intervention will be referred to a Bridge Housing program to prepare to enter permanent housing. ·Housing Search and Placement: The Triage Center will provide services and activities necessary to assist program participants in locating, obtaining, and retaining safe permanent housing. ·Diversion Pre-Screening: The Triage Center will assess all people who present for services for referral to potential Diversion services. ·Stabilizing Health Intervention: The Triage Center will provide services for stabilization of client health issues, including substance use and mental health disorders. Approving the agreement will provide funding for TPOCC to provide homeless emergency shelter services at Bridge Point Triage Center totaling $888,385. ENVIRONMENTAL FINDINGS This item is not a project as defined by the California Environmental Quality Act. LOCAL PREFERENCE Local preference is not applicable because of the use of state funds. FISCAL IMPACT There is no fiscal impact to the City’s general fund because this agreement will be funded through the City’s Homeless Housing, Assistance, and Prevention HHAP allocations from the State of California. Attachments: 1.Agreement with Turning Point of Central California-Bridge Point 2. Conflict of Interest Form- Bridge Point City of Fresno Printed on 6/20/2023Page 2 of 2 powered by Legistar™ ALL-B GSP Agt Total Fee (03-2022) -1- SERVICE AGREEMENT CITY OF FRESNO, CALIFORNIA THIS AGREEMENT is made and entered into, effective on July 1, 2023, by and between the CITY OF FRESNO, a California municipal corporation (City), and TURNING POINT OF CENTRAL CALIFORNIA, a California non-profit Corporation (Service Provider). RECITALS WHEREAS, City desires to obtain professional triage center services for The Bridge Point Triage Center located at 1642 L Street (Project); and WHEREAS, Service Provider is engaged in the business of furnishing such services as a triage center and hereby represents that it desires to and is professionally and legally capable of performing the services called for by this Agreement; and WHEREAS, Service Provider acknowledges that this Agreement is subject to the requirements of Fresno Municipal Code Section 4-107; and WHEREAS, this Agreement will be administered for City by its Planning Development Director (Administrator) or designee. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and of the covenants, conditions, and premises hereinafter contained to be kept and performed by the respective parties, it is mutually agreed as follows: 1. Scope of Services. Service Provider shall perform to the satisfaction of City the services described in Exhibit A, including all work incidental to, or necessary to perform, such services even though not specifically described in Exhibit A. 2. Term of Agreement and Time for Performance. This Agreement shall be effective from the date first set forth above (Effective Date) and shall continue in full force and effect through June 30, 2024, subject to any earlier termination in accordance with this Agreement. The Parties may extend this Agreement for up to one year, subject to a written agreement approved by the City Council. The services of Service Provider as described in Exhibit A are to commence upon the Effective Date and shall be completed in a sequence assuring expeditious completion, but in any event, all such services shall be completed prior to expiration of this Agreement and in accordance with any performance schedule set forth in Exhibit A. 3. Compensation. (a) Service Provider’s sole compensation for satisfactory performance of all services required or rendered pursuant to this Agreement shall be a total fee not to exceed $888,385.05, paid on the basis of the rates set forth herein or in the schedule of fees and expense s 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 DocuSign Envelope ID: D866C731-065E-4B23-B63D-B1C73424CE08 ALL-B GSP Agt Total Fee (03-2022) -2- received a detailed invoice with applicable copies of representative and identifiable receipts or records substantiating such expense. (c) Service Provider agrees to render actual monthly income and expense reports relating to the management and operation of the Property in Service Provider’s standard format approved by City on the fifteenth (15th) calendar day after the expiration of each calendar month, and an annual income and expense report in Service Provider’s standard format approved of by City, within forty-five (45) days after the expiration of each calendar year. At City’s election (to be exercised by prior written notice to Service Provider), Service Provider shall deliver, concurrently with the delivery of each monthly income and expense report, copies of checks evidencing payments and collections and supporting invoices, internal allocations, and other back-up data as may be reasonably requested for the expenses and disbursements shown on the previous month’s income expense report. (d) The parties may modify this Agreement to increase or decrease the scope of services or provide for the rendition of services not required by this Agreement, which modification shall include an adjustment to Service Provider’s compensation. Any change in the scope of services must be made by written amendment to the Agreement signed by an authorized representative for each party. Service Provider shall not be entitled to any additional compensation if services are performed prior to a signed written amendment. 4. Termination, Remedies, and Force Majeure. (a) This Agreement shall terminate without any liability of City to Service Provider upon the earlier of : (i) Service Provider’s filing for protection under the federal bankruptcy laws, or any bankruptcy petition or petition for receiver commenced by a third party against Service Provider; (ii) seven calendar days’ prior written notice with or without cause by City to Service Provider; (iii) City’s non-appropriation of funds sufficient to meet its obligations hereunder during any City fiscal year of this Agreement, or insufficient funding for the Project; or (iv) expiration of this Agreement. (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 DocuSign Envelope ID: D866C731-065E-4B23-B63D-B1C73424CE08 ALL-B GSP Agt Total Fee (03-2022) -3- of this Agreement which may then exist on the part of Service Provider, nor shall such payment impair or prejudice any remedy available to City with respect to the breach. (d) Upon any breach of this Agreement by Service Provider, City may (i) exercise any right, remedy (in contract, law or equity), or privilege which may be available to it under applicable laws of the State of California or any other applicable law; (ii) proceed by appropriate court action to enforce the terms of the Agreement; and/or (iii) recover all direct, indirect, consequential, economic and incidental damages for the breach of the Agreement. If it is determined that City improperly terminated this Agreement for default, such termination shall be deemed a termination for convenience. (e) Service Provider shall provide City with adequate written assurances of future performance, upon Administrator’s request, in the event Service Provider fails to comply with any terms or conditions of this Agreement. (f) Service Provider shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of Service Provider and without its fault or negligence such as, acts of God or the public enemy, acts of City in its contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. Service Provider shall notify Administrator in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, and shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to Administrator of the cessation of such occurrence. 5. Confidential Information and Ownership of Documents. (a) Any reports, information, or other data prepared or assembled by Service Provider pursuant to this Agreement shall not be made available to any individual or organization by Service Provider without the prior written approval of the Administrator. During the term of this Agreement, and thereafter, Service Provider shall not, without the prior written consent of City, disclose to anyone any Confidential Information. The term Confidential Information for the purposes of this Agreement shall include all prop rietary 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. DocuSign Envelope ID: D866C731-065E-4B23-B63D-B1C73424CE08 ALL-B GSP Agt Total Fee (03-2022) -4- (c) If Service Provider should subcontract all or any portion of the services to be performed under this Agreement, Service Provider shall cause each subcontractor to also comply with the requirements of this Section 5. (d) This Section 5 shall survive expiration or termination of this Agreement. 6. Level of Skill. It is further mutually understood and agreed by and between the parties hereto that inasmuch as Service Provider represents to City that Service Provider and its subcontractors, if any, are skilled in the profession and shall perform in accordance with the standards of said industry necessary to perform the services agreed to be done by it under this Agreement, City relies upon the skill of Service Provider and its subcontractors, if any, to do and perform such services in a skillful manner and Service Provider agrees to thus perform the services and require the same of any subcontractors. Therefore, any acceptance of such services by City shall not operate as a release of Service Provider or any subcontractors from said industry and professional standards. 7. Indemnification. To the furthest extent allowed by law, Service Provider shall indemnify, hold harmless and defend City and each of its officers, officials, employees, agents, and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage), and from any and all claims, demands and actions in law or equity (including reasonable attorney's fees, litigation expenses, and costs to enforce this agreement) that arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of Service Provider, its principals, officers, employees, agents, or volunteers in the performance of this Agreement. If Service Provider should subcontract all or any portion of the services to be performed under this Agreement, Service Provider shall require each subcontractor to indemnify, hold harmless and defend City and each of its officers, officials, employees, agents, and volunteers in accordance with the terms of the preceding paragraph. This section shall survive termination or expiration of this Agreement. 8. Insurance. (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. DocuSign Envelope ID: D866C731-065E-4B23-B63D-B1C73424CE08 ALL-B GSP Agt Total Fee (03-2022) -5- (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 t o City. Any failure to maintain the required insurance shall be sufficient cause for City to terminate this Agreement. No action taken by City pursuant to this section shall in any way relieve Service Provider of its responsibilities under this Agreement. The phrase “fail to maintain any required insurance” shall include, without limitation, notification received by City that an insurer has commenced proceedings, or has had proceedings commenced against it, indicating that the insurer is insolvent. (c) The fact that insurance is obtained by Service Provider shall not be deemed to release or diminish the liability of Service Provider, including, without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify City shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Service Provider. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Service Provider, its principals, officers, agents, employees, or persons under the supervision of Service Provider, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them. 9. Conflict of Interest and Non-Solicitation. (a) Prior to City’s execution of this Agreement, Service Provider shall complete a City of Fresno conflict of interest disclosure statement in the form as set forth in Exhibit C. During the term of this Agreement, Service Provider shall have the obligation and duty to immediately notify City in writing of any change to the information provided by Service Provider in such statement. (b) Service Provider shall comply, and require its subcontractors to comply, with all applicable (i) professional canons and requirements governing avoidance of impermissible client conflicts; and (ii) federal, s tate, and local conflict of interest laws and regulations including, without limitation, California Government Code Section 1090 et. seq., the California Political Reform Act (California Government Code Section 87100 et. seq.) and the regulations of the Fair Political Practices Commission concerning disclosure and disqualification (2 California Code of Regulations Section 18700 et. seq.). At any time, upon written request of City, Service Provider shall provide a written opinion of its legal counsel and that of any subcontractor that, after a due diligent inquiry, Service Provider and the respective subcontractor(s) are in full compliance with all laws and regulations. Service Provider shall take, and require its subcontractors to take, reasonable steps to avoid any appearance of a conflict of interest. Upon DocuSign Envelope ID: D866C731-065E-4B23-B63D-B1C73424CE08 ALL-B GSP Agt Total Fee (03-2022) -6- 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 so licit, or procure this Agreement or any rights/benefits hereunder. (e) Service Provider and any of its subcontractors shall have no interest, direct or indirect, in any other contract with a third party in connection with this Project unless such interest is in accordance with all applicable law and fully disclosed to and approved by the City Manager, in advance and in writing. Notwithstanding any approval given by the City Manager under this provision, Service Provider shall remain responsible for complying with Section 9(a), above. (f) If Service Provider should subcontract all or any portion of the work to be performed or services to be provided under this Agreement, Service Provider shall include the provisions of this Section 9 in each subcontract and require its subcontractors to comply therewith. (g) This Section 9 shall survive expiration or termination of this Agreement. 10. Recycling Program. In the event Service Provider maintains an office or operates a facility(ies), or is required herein to maintain or operate same, within the incorporated limits of the City of Fresno, Service Provider at its sole cost and expense shall: (a) Immediately establish and maintain a viable and ongoing recycling program, approved by City’s Solid Waste Management Division, for each office and facility. Literature describing City recycling programs is available from City’s Solid Waste Management Division and by calling City of Fresno Recycling Hotline at (559) 621-1111. (b) Immediately contact City’s Solid Waste Management Division at (559) 621- 1452 and schedule a free waste audit, and cooperate with such Division in their conduct of the audit for each office and facility. (c) Cooperate with and demonstrate to the satisfaction of City’s Solid Waste Management Division the establishment of the recycling program in paragraph (i) above and the ongoing maintenance thereof. 11. General Terms. (a) Except as otherwise provided by law, all notices expressly required of City within the body of this Agreement, and not otherwise specifically provided for, shall be effective only if signed by the Administrator or designee. DocuSign Envelope ID: D866C731-065E-4B23-B63D-B1C73424CE08 ALL-B GSP Agt Total Fee (03-2022) -7- (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 seven years after final payment or, if longer, for any period required by law. In addition, all books, documents, papers, and records of Service Provider pertaining to the Project shall be available for the purpose of making audits, examinations, excerpts, and transcriptions for the same period of time. If any litigation, claim, negotiations, audit or other action is commenced before the expiration of said time period, all records shall be retained and made available to City until such action is resolved, or until the end of said time period whichever shall later occur. If Service Provider should subcontract all or any portion of the services to be performed under this Agreement, Service Provider shall cause each subcontractor to also comply with the requirements of this paragraph. This Section 11(b) shall survive expiration or termination of this Agreement. (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 n o license is required). If Service Provider should subcontract all or any portion of the work or services to be performed under this Agreement, Service Provider shall require each subcontractor to provide evidence to City that subcontractor is licensed to perform the services called for by this Agreement (or that no license is required) before beginning work. 12. Nondiscrimination. To the extent required by controlling federal, state and local law, Service Provider shall not employ discriminatory practices in the provision of services, employment of personnel, or in any other respect on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Subject to the foregoing and during the performance of this Agreement, Service Provider agrees as follows: (a) Service Provider will comply with all applicable laws and regulations providing that no person shall, on the grounds of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity made possible by or resulting from this Agreement. (b) Service Provider will not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Service Provider shall ensure that applicants are employed, and the employees are treated during employment, without regard to their race, religious creed, color, national origin, ancestry, physical DocuSign Envelope ID: D866C731-065E-4B23-B63D-B1C73424CE08 ALL-B GSP Agt Total Fee (03-2022) -8- 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 12. 13. Independent Contractor. (a) In the furnishing of the services provided for herein, Service Provider is acting solely as an independent contractor. Neither Service Provider, nor any of its officers, agents, or employees shall be deemed an officer, agent, employee, joint venturer, partner, or associate of City for any purpose. City shall have no right to control or supervise or direct the manner or method by which Service Provider shall perform its work and functions. However, City shall retain the right to administer this Agreement so as to verify that Service Provider is performing its obligations in accordance with the terms and conditions thereof. (b) This Agreement does not evidence a partnership or joint venture between Service Provider and City. Service Provider shall have no authority to bind City absent City’s express written consent. Except to the extent otherwise provided in this Agreement, Service Provider shall bear its own costs and expenses in pursuit thereof. (c) Because of its status as an independent contractor, Service Provider and its officers, agents, and employees shall have absolutely no right to employment rights and benefits available to City employees. Service Provider shall be solely liable and responsible for all payroll and tax DocuSign Envelope ID: D866C731-065E-4B23-B63D-B1C73424CE08 ALL-B GSP Agt Total Fee (03-2022) -9- withholding and for providing to, or on behalf of, its employees all employee benefits including, without limitation, health, welfare and retirement benefits. In addition, together with its other obligations under this Agreement, Service Provider shall be solely responsible, indemnify, defend and save City harmless from all matters relating to employment and tax withholding for and payment of Service Provider’s employees, including, without limitation, (i) compliance with Social Security and unemployment insurance withholding, payment of workers compensation benefits, and all other laws and regulations governing matters of employee withholding, taxes and payment; and (ii) any claim of right or interest in City employment benefits, entitlements, programs and/or funds offered employees of City whether arising by reason of any common law, de facto, leased, or co- employee rights or other theory. It is acknowledged that during the term of this Agreement, Service Provider may be providing services to others unrelated to City or to this Agreement. 14. Notices. Any notice required or intended to be given to either party under the terms of this Agreement shall be in writing and shall be deemed to be duly given if delivered personally, transmitted by facsimile followed by telephone con firmation of receipt, or sent by United States registered or certified mail, with postage prepaid, return receipt requested, addressed to the party to which notice is to be given at the party's address set forth on the signature page of this Agreement or at such other address as the parties may from time to time designate by written notice. Notices served by United States mail in the manner above described shall be deemed sufficiently served or given at the time of the mailing thereof. 15. Binding. Subject to Section 16, below, once this Agreement is signed by all parties, it shall be binding upon, and shall inure to the benefit of, all parties, and each parties' respective heirs, successors, assigns, transferees, agents, servants, employees, and representatives. 16. Assignment. (a) This Agreement is personal to Service Provider and there shall be no assignment by Service Provider of its rights or obligations under this Agreement without the prior written approval of the City Manager or designee. Any attempted assignment by Service Provider, its successors or assigns, shall be null and void unless approved in writing by the City Manager or designee. (b) Service Provider hereby agrees not to assign the payment of any monies due Service Provider from City under the terms of this Agreement to any other individual(s), corporation(s) or entity(ies). City retains the right to pay any and all monies due Service Provider directly to Service Provider. 17. Compliance With Law. In providing the services required under this Agreement, Service Provider shall at all times comply with all applicable laws of the United States, the State of California and City, and with all applicable regulations promulgated by federal, state, regional, or local administrative and regulatory agencies, now in force and as they may be enacted, issued, or amended during the term of this Agreement. DocuSign Envelope ID: D866C731-065E-4B23-B63D-B1C73424CE08 ALL-B GSP Agt Total Fee (03-2022) -10- 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. 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. DocuSign Envelope ID: D866C731-065E-4B23-B63D-B1C73424CE08 ALL-B GSP Agt Total Fee (03-2022) -11- 28. Extent of Agreement. Each party acknowledges that they have read and fully understand the contents of this Agreement. This Agreement represents the entire and integrated agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be modified only by written instrument duly authorized and executed by both City and Service Provider. 29. The City Manager, or designee, is hereby authorized and directed to execute and implement this Agreement. [SIGNATURES FOLLOW ON THE NEXT PAGE.] DocuSign Envelope ID: D866C731-065E-4B23-B63D-B1C73424CE08 ALL-B GSP Agt Total Fee (03-2022) -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: Tracy N. Parvanian Date Supervising Deputy City Attorney ATTEST: TODD STERMER, CMC City Clerk By: Date Deputy Addresses: CITY: City of Fresno Attention: Joe Pasillas, Housing and Neighborhood Revitalization Manager 2600 Fresno Street, CH3N Fresno, CA 93721 Phone: (559) 621-8053 FAX: (559) [#] TURNING POINT OF CENTRAL CALIFORNIA, INC., a California non-profit organization By: Name: Title: (If corporation or LLC., Board Chair, Pres. or Vice Pres.) By: Name: Title: (If corporation or LLC., CFO, Treasurer, Secretary or Assistant Secretary) Service Provider: Turning Point of Central California Attention: Raymond R. Banks, Chief Executive Officer 615 S Atwood Street Visalia, CA 93277 Phone: 559-732- 8086 FAX: (844) 364-4599 Attachments: 1. Exhibit A - Scope of Services 2. Exhibit B - Insurance Requirements 3. Exhibit C - Conflict of Interest Disclosure Form DocuSign Envelope ID: D866C731-065E-4B23-B63D-B1C73424CE08 CEO Raymond Banks William Goodall CFO 5/30/2023 Page 1 of 6 EXHIBIT A SCOPE OF SERVICES Service Agreement between City of Fresno and TURNING POINT OF CENTRAL CALIFORNIA, INC. Triage Center Services at Bridge Point Center COORDINATION OF SERVICES Bridge Point will provide low-barrier access to emergency shelter coupled with intensive housing-focused services to set households on the path to attaining permanent housing. Services shall be offered in coordination with other complementary services as part of the path from homelessness to permanent housing stability. Individuals selected for these services are to be prioritized through the FMCoC Coordinated Entry System (CES) in consultation with participating Coordinated Entry System (CES) agencies. TARGET POPULATIONS Adults experiencing homelessness, or at risk of homelessness, in the City of Fresno regardless of sexual orientation, marital status, or gender identification. DATA COLLECTION Service Provider is required to collect and report client -level data in accordance with Housing and Urban Development (HUD) Office of Special Needs Assistance Programs (SNAPS) Homeless Management Information System (HMIS) Data Standards, to the local HMIS operated by the Housing Authorities of the City and County of Fresno through a Memorandum of Understanding with the Fresno Madera Continuum of Care or comparable databases are required for use by providers of services for victims of domestic violence, as described in the Violence Against Women Act (VAWA). Reporting into the HMIS database or allowed comparable database is a requirement of State funding. Service Provider reporting must be consistent in format and data element structure with the Fresno Housing Authority HMIS Program Policies and Procedures Manual and the HUD HMIS Data Standards and Data Dictionary current at the execution of this Agreement. The comparable database will be maintained by the Service Provider and used to collect data and report on outputs and outcomes as required by HUD TRIAGE CENTER Bridge Point will provide 24-hour emergency shelter services to adults experiencing homelessness, as well as their partners and pets, with low -barrier access to dormitory style accommodations with on-site, housing-focused services including diversion, housing placement, connection to community resources, and stabilization of health issues. LOW-BARRIER HOUSING DocuSign Envelope ID: D866C731-065E-4B23-B63D-B1C73424CE08 Page 2 of 6 The program will be low barrier with 24 -hour access and no requirements regarding income, sobriety, or compliance with mental health treatment. Shelter services will be provided regardless of sexual orientation, marital status, or gender identification. Ev ery effort will be made to ensure no one is turned away unless all beds are full or the guest is exhibiting behaviors that will endanger themselves or others. FACILITY REQUIREMENTS The program will be located in a historical Victorian home with four to six individuals per room. The facility will be located at 1642 L Street, Fresno, CA 93721. The bus line runs along Calaveras Avenue with the nearest stop less than one block from the location, making access to public transportation easy for program guests. The building complies with all shelter and housing habitability standards as identified in 24 CFR 576.403. A "Good Neighbor" policy to be utilized securing and maintaining the perimeter of the facility, keeping clear of any nuisances and code violations. PROGRAM SERVICES AND DESIGN Bridge Point will utilize a housing first approach to emergency shelter and providing services to guests. Thirty shelter beds will serve adults and their partners experiencing homelessness. Each program guest will be allowed one dog on site with efforts made to find foster care for any other dogs that might belong to participants . All guests will receive the program safety guidelines upon entry and a staff member will go over all policies with them and answer any questions. All reasonable efforts will be made to ensure the safety and security of other guests and staff when admitting guests that are intoxicated or exhibiting symptoms of serious mental illness. Use of harm reduction strategies, configured shelter space to accommodate households with different service needs, and provide staff training on serving people using substances and/or with mental illness. People exhibiting behaviors that pose a serious danger to themselves or others may not be admitted. Shelter will be provided regardless of sexual orientation, marital status, or gender identification. The program will be low barrier with no requirements with regard to income, sobriety, or compliance with mental health treatment, and minimal rules in place, with the majority of the rules pertaining to safety and security of guests. Guests may be absent for a maximum of seventy-two (72) hours without contact and still retain their spot. Guests will be registered and agree to services provided. Staff will prescreen gu ests for potential Diversion services and if deemed eligible, refer immediately to a Diversion program staff. Self-referrals will be accepted, FMCoC CES referrals and where appropriate, Law Enforcement referrals. Clients referred to Bridge Point by FMCoC CES will be accepted if vacancies are available. Bridge Point will be staffed 24 hours a day, 7 days a week and will maintain a minimum staffing ratio of 1 staff to 20 guests for daytime hours. DocuSign Envelope ID: D866C731-065E-4B23-B63D-B1C73424CE08 Page 3 of 6 Bridge Point will provide the following services: 1. Emergency Shelter: Bridge Point will operate 30 emergency shelter beds at a single location for adults experiencing homelessness in City of Fresno. Basic shelter services provided include meals. The target length of stay will be 90 days, however, due to the housing shortages in the community, Bridge Point may approve one, 30-day extension, for a total of 120 days, with written notification to the City within seven (7) days of extension approval. 2. Case Management: Bridge Point will provide intensive case management services that focus on helping participants develop a housing plan and overcome barriers to attaining permanent housing. Participants that have been connected to a permanent housing intervention will be referred to a Bridge Housing program to prepare to enter permanent housing. 3. Housing Search and Placement: Bridge Point will provide services and activities necessary to assist program participants in locating, obtaining, and retaining safe permanent housing. 4. Diversion Pre-Screening: Bridge Point will assess all people who present for homeless services at Bridge Point for potential Diversion services. 5. Stabilizing Health Intervention: Bridge Point will provide services for stabilization of client health issues, including substance use and mental health disorders. STAFFING All staff will be trained in Mental Health First Aid, as well as Pro-Act, so that they are equipped to maintain safety of staff and program guests when working with and admitting persons who are intoxicated or exhibiting symptoms of serious mental illness, while maintaining the safety and dignity of intoxicated or symptomatic guests. Additionally, staff will be trained in harm reduction strategies, NARCAN (Naloxone) administration to aid in the event a participant is suffering from an opioid overdose, and the procedure for connecting participants to the needle exchange service in Fresno. Turning Point staffing of Bridge Point as follows: 1.00 FTE Program Director 1.00 FTE Administrative Assistant 2.00 FTE Case Manager 0.15 FTE Bookkeeper 4.50 FTE Client Service Provider 0.50 FTE Maintenance Worker 0.10 FTE Maintenance Supervisor 0.70 FTE Cook 0.15 FTE Bookkeeper PERSONNEL DETAIL DocuSign Envelope ID: D866C731-065E-4B23-B63D-B1C73424CE08 Page 4 of 6 • 1 FTE Program Director will spend 100% of their time dedicated to Bridge Point. The Program Director will oversee the general operations of the program, represent the program at CES and roundtable meetings, supervise staff employed by Bridge Point, prepare reports, and ensure all services provided to guests are of high quality and based on individual need. • 2 FTE Case Manager will spend 100% of their time dedicated to Bridge Point. The Case Manager will provide comprehensive and individualized case m anagement services to program guests, assist with ensuring all needs of the guests through medication activities, link guests to services in the community with a warm handoff to services that are not delivered onsite, provide transportation, and document a ll case management activities in well-kept and organized guest files. • 1 FTE Administrative Assistant will spend 100% of their time providing administrative support to the program operations, including processing invoices for purchases, updating census, answering phones, and placing orders. • 4.5 FTE Client Service Providers will spend 100% of their time dedicated to Bridge Point. Client Service Providers will oversee general operations during their shift, provide guests with basic needs (hygiene supplies, meals, clothing, bedding, assistance with laundry), provide crisis de-escalation, respond to emergency situations, and conduct intakes. There will be two Client Service Providers on shift at all times with some exceptions during overnight shifts. • .15 FTE Bookkeeper will dedicate 15% of their time to preparing invoicing and backup documentation for Fresno City required documentation. • .05 FTE Maintenance Worker will dedicate their time to repairing damages to rooms, room turnover, general maintenance of building. • .10 FTE Maintenance Supervisor is responsible for assisting and overseeing larger projects and the supervision of the Maintenance Worker. • .70 FTE Cook is responsible for grocery shopping, preparing menus, preparing meals, and upkeep of the kitchen. Bridge Point will be staffed 24-hours a day and guests will not be required to leave the facility for any portion of the day. REFERRAL AND ASSESSMENT Referrals will come from self-referrals, the Coordinated Entry System (CES), or law enforcement, with priority given to CES referrals. In the event the number of referrals exceeds the number of available beds, every effort will be made to transport those t hat cannot be accommodated to another funded triage center or emergency shelter in the community. If there are no other triage center or emergency shelter beds available, referrals will be prioritized similarly to the criteria used by CES. If available, VI -SPDAT score, length of homelessness and any medical condition or equipment requiring immediate access to shelter will all be considered to determine how to prioritize referrals if there are not enough available beds. Anyone who cannot be accommodated will be encouraged to follow up the following day so that it can be determined if Bridge Point or another community program can provide shelter. DocuSign Envelope ID: D866C731-065E-4B23-B63D-B1C73424CE08 Page 5 of 6 Bridge Point will assess each referral for eligibility upon arrival. The following criteria will be used to determine eligibility for client entry: • All guests must meet the HUD definition of literal homelessness by most recently residing in a place not meant for human habitation. • All guests will receive a pre-screening for diversion services to determine if diversion is a more appropriate intervention. Anyone deemed eligible for diversion services will be immediately referred to the funded Diversion Services provider. • Anyone exhibiting behavior that threatens the safety of themselves or others will not be admitted. In the event that someone is in need of an ambulance or assessment for medical or mental health emergency intervention, Bridge Point staff will call emergency services on their behalf. • Upon determination of program eligibility, all guests will be registered and will sign a participation agreement that outlines the program policies and their agreement to the services provided by Bridge Point. • Each guest will be allowed one pet, which will be either housed in a kennel on the property or with them in their room, depending on guest composition at the time. There will be adequate space to accommodate pets either outside or within the facility. PERFORMANCE MEASURMENTS • Maintain an 87% bed utilization rate, as measured in HMIS • The program will serve a minimum of 175 participants, annually • 50% of guests exiting will achieve safe exits as measured in HMIS , including all positive temporary exit destinations except for places not meant for human habitation, or instances where client exit destination was not identified . • 35% of those exiting will exit to permanent housing situations for each program, as measured in HMIS • 30% of those exiting to permanent destinations will do so within 100 days of triage center entry. OTHER REQUIREMENTS REPORTING • Bridge Point will provide a client census, including unique HMIS client ID, client demographic data, date of program entry and exit, and exit destinations on a monthly basis. • Bridge Point will provide a cumulative program performance report on a quarterly basis, beginning October 1, 2023. • Bridge Point will provide a bi-annual report on client housing stability, reflecting whether clients that exited to permanent housing remain housed after 6 months. Data may be drawn from HMIS or collected from the clients directly. MEETINGS DocuSign Envelope ID: D866C731-065E-4B23-B63D-B1C73424CE08 Page 6 of 6 Service Provider shall meet with City not less than quarterly to discuss the status of the management, operation, and service coordination of the Property and Project (Meetings). It is agreed that Meetings may be conducted via a digital platform, unless otherwise requested by City. Upon the request of the City and upon reasonable advance written notice, Service Provider shall arrange to meet City and or City’s Representative at the Property. DocuSign Envelope ID: D866C731-065E-4B23-B63D-B1C73424CE08 Page 1 of 5 EXHIBIT B INSURANCE REQUIREMENTS Service Agreement between City of Fresno (City) and TURING POINT OF CENTRAL CALIFORNIA (Service Provider) Triage Center Services at Bridge Point Center 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 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 (Abuse & Molestation) Insurance that insures against liability arising out of the bodily injury, personal injury, and third -party property damage occurring because of the wrongful or negligent acts attributable to the institution. This coverage should protect against a wide range of potential claims, including but not limited to athletics, alcohol, assault, verbal or physical abuse, campus crime, sexual moles tation and other sexual misconducts. MINIMUM LIMITS OF INSURANCE SERVICE PROVIDER, or any party the SERVICE PROVIDER subcontracts with, shall maintain limits of liability of not less than those set forth below. However, insurance limits available to CITY, its officers, officials, employees, agents and volunteers as additional insureds, shall be the greater of the minimum limits specified herein or the full limit of any insurance proceeds available to the named insured: 1. COMMERCIAL GENERAL LIABILITY: (i) $1,000,000 per occurrence for bodily injury and property damage; DocuSign Envelope ID: D866C731-065E-4B23-B63D-B1C73424CE08 Page 2 of 5 (ii) $1,000,000 per occurrence for personal and advertising injury; (iii) $2,000,000 aggregate for products and completed operations; and, (iv) $2,000,000 general aggregate applying separately to the work performed under the Agreement. 2. COMMERCIAL AUTOMOBILE LIABILITY: $1,000,000 per accident for bodily injury and property damage. 3. WORKERS’ COMPENSATION INSURANCE as required by the State of California with statutory limits. 4. EMPLOYER’S LIABILITY: (i) $1,000,000 each accident for bodily injury; (ii) $1,000,000 disease each employee; and, (iii) $1,000,000 disease policy limit. 5. Professional Liability (Abuse & Molestation): (i) $1,000,000 per claim/occurrence; and, (ii) $2,000,000 policy aggregate. 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 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 deductibles or self-insured retentions must be declared to on the Certificate of Insurance, and approved by, the CITY’S Risk Manager or his/her designee. At the option of the CITY’S Risk Manager or his/her 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) SERVICE PROVIDER shall provide a financial guarantee, satisfactory to CITY’S Risk Manager or his/her 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. DocuSign Envelope ID: D866C731-065E-4B23-B63D-B1C73424CE08 Page 3 of 5 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. SERVICE PROVIDER shall establish additional insured status for the City and for all operations by use of ISO Form CG 20 10 04 13 or CG 20 26 04 13 or by an executed manuscript insurance company endorsement providing additional insured status as broad as that contained in ISO Form CG 20 10 04 13 or CG 20 26 04 13. 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, SERVICE PROVIDER’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 SERVICE PROVIDER’S insurance and shall not contribute with it. SERVICE PROVIDER shall establish primary and non-contributory status by using ISO Form CG 20 01 04 13 or by an executed manuscript insurance company endorsement that provides primary and non-contributory status as broad as that contained in ISO Form CG 20 01 04 13. 4. 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. The Workers’ Compensation insurance policy is to contain, or be endorsed to contain, the following provision: SERVICE PROVIDER and its insurer shall waive any right of subrogation against CITY, its officers, officials, employees, agents and volunteers. If the Professional Liability (Abuse & Molestration) 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 SERVICE PROVIDER. 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 SERVICE PROVIDER, DocuSign Envelope ID: D866C731-065E-4B23-B63D-B1C73424CE08 Page 4 of 5 SERVICE PROVIDER 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. 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. 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 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 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, persons under the supervision of SERVICE PROVIDER, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them. VERIFICATION OF COVERAGE SERVICE PROVIDER shall furnish CITY with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the CITY’S Risk Manager or his/her designee prior to CITY’S execution of the Agreement and before work commences. All non-ISO endorsements amending policy coverage shall be execu ted 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. DocuSign Envelope ID: D866C731-065E-4B23-B63D-B1C73424CE08 Page 5 of 5 SUBCONTRACTORS - If SERVICE PROVIDER subcontracts any or all of the services to be performed under this Agreeme nt, SERVICE PROVIDER shall require, at the discretion of the CITY Risk Manager or designee, subcontractor(s) to enter into a separate Side Agreement with the City to provide required indemnification and insurance protection. Any required Side Agreement(s) and associated insurance documents for the subcontractor must be reviewed and preapproved by CITY Risk Manager or designee. If no Side Agreement is required, SERVICE PROVIDER will be solely responsible for ensuring that it’s subcontractors maintain insurance coverage at levels no less than those required by applicable law and is customary in the relevant industry. DocuSign Envelope ID: D866C731-065E-4B23-B63D-B1C73424CE08 EXHIBIT C DISCLOSURE OF CONFLICT OF INTEREST Triage Center Services at Bridge Point Center 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: D866C731-065E-4B23-B63D-B1C73424CE08 Visalia, CA 93290-7447 PO BOX 7447 Turning Point of Central California, Inc. Raymond Banks 5/26/2023 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-837 Agenda Date:6/15/2023 Agenda #: 1.-L. REPORT TO THE CITY COUNCIL FROM:JENNIFER CLARK, Director Planning and Development Department PHIL SKEI, Assistant Director Planning and Development BY:JILLIAN GAYTAN, Sr Management Analyst Housing and Community Development Division SUBJECT Approve a Third Amendment to the Agreement with Fresno County Economic Opportunities Commission to extend the term of the contract to October 31, 2023, and increase the contract amount by $42,567 for a total fee not to exceed $526,872.52, to operate four beds at the Youth Bridge Housing program. RECOMMENDATION Staff recommends the City Council approve a Third Amendment to the Agreement with Fresno County Economic Opportunities Commission (FEOC) for youth bridge housing and navigation services to extend the term to October 31, 2023 adjusting their budget to a total fee of $526,872.52 using Homeless Housing, Assistance, and Prevention (HHAP) program funds. EXECUTIVE SUMMARY The City of Fresno (City) has existing agreements with Fresno EOC to provide homeless youth bridge housing and navigation services. In order to ensure continued homeless youth services are provided under this agreement, staff recommends amending the agreement and utilizing additional HHAP funds to extend the contract through October 31, 2023, and increase funding by $42,567 for a total fee of $525,872.52. BACKGROUND In February 2020, the City was awarded HHAP funding in the amount of $6,158,246.18 from the California Homeless Coordinating and Financing Council to address homelessness and has received $2,911,171 in additional HHAP dollars through a second allocation in September 2021. In February 2023, the City received HHAP Round 3 dollars in the amount of $7,524,257.15 and expects to receive an initial disbursement of HHAP Round 4 dollars in the amount of $5,632,712.55 before the end of the year. Health and Safety Code Section 50218.6(e) requires that a program recipient use atCity of Fresno Printed on 6/20/2023Page 1 of 2 powered by Legistar™ 06/15/2023 NE/MA 7-0 APPROVED ON CONSENT File #:ID 23-837 Agenda Date:6/15/2023 Agenda #: 1.-L. end of the year.Health and Safety Code Section 50218.6(e)requires that a program recipient use at least 10 percent of its allocation for services for homeless youth populations,which are defined as unaccompanied youth who are between 12 and 24 years old and experiencing homelessness.Funds spent under this provision must comply with the eligible use requirements of Health and Safety Code Section 50220.7 (e). On June 27,2019,Council approved an agreement with Fresno EOC to provide youth bridge housing to homeless youth at a facility located at 1046 T Street in the amount of $300,000 funded through Homeless Emergency Aid Program (HEAP).On March 18,2021,Council approved the first amendment to the agreement to reduce the agreement to a total fee of $242,152.76.On July 1, 2021,council approved the second amendment to the agreement to extend the contract term to June 30,2023 and increase funding by $242,152.76 using HHAP program funds.That agreement utilizes the youth set aside of the first allocation of HHAP funds for four beds at the youth bridge housing program. Staff recommends approval of the third amendment to the agreement with FEOC which will extend youth bridge housing services through October 31,2023.This four-month extension is necessary to ensure services are not interrupted as the Planning and Development Department prepares to release an RFP to solicit proposals from the community to provide homeless youth services beginning November 1, 2023. ENVIRONMENTAL FINDINGS This item is not a project as defined by the California Environmental Quality Act. LOCAL PREFERENCE Local preference is not applicable because of the use of state funds. FISCAL IMPACT There is no fiscal impact to the City’s general fund because this agreement will be funded through the City’s Homeless Housing, Assistance, and Prevention HHAP allocations from the State of California. Attachment: Third Amendment to the Fresno EOC Youth Bridge Housing Service Agreement City of Fresno Printed on 6/20/2023Page 2 of 2 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-846 Agenda Date:6/15/2023 Agenda #: 1.-M. REPORT TO THE CITY COUNCIL FROM:JENNIFER CLARK, Director Planning and Development Department PHIL SKEI, Assistant Director Planning and Development Department BY:ERIKA LOPEZ, Senior Management Analyst Community Development Division SUBJECT ***RESOLUTION - Adopting the 45th Amendment to the Annual Appropriation Resolution (AAR) No. 2022-154 appropriating $132,600 in Emergency Solutions Grant-Coronavirus (ESG-CV) (Subject to Mayor’s Veto) RECOMMENDATION Staff recommends the City Council adopt the 45th amendment of the Annual Appropriation Resolution No. 2022-154 appropriating $132,600 in Emergency Solutions Grant-Coronavirus (ESG- CV) EXECUTIVE SUMMARY Approval of the AAR will appropriate $132,600 dollars from Fiscal Year 2020-2021 and Fiscal Year 2021-2022 ESG-CV Funds (Fund# 2000-2037) to Fiscal Year 2022-2023 (Fund# 2000-2037). Approving this action will allow the City to fund new ESG-CV homeless service projects to protect the health and safety of people experiencing homelessness and reduce the spread of the COVID-19 outbreak. BACKGROUND On June 18, 2020, City Council approved the 49 th amendment to the Annual Appropriation Resolution No. 2019-133 that would appropriate $1,998,334.50 in ESG-CV to an agreement with the County of Fresno Department of Social Services for implementation of the joint COVID-19 homelessness response plan. On October 29, 2020, City Council adopted Resolution No. 2020-286 and approved the submission of Substantial Amendment 2019-05 to the 2019-2020 Annual Action Plan to the U.S. Department of Housing and Urban Development (HUD) to program $8,845,443 in a second round of ESG-CV funds to prevent, prepare for, and respond to COVID-19. The approval of this substantial amendment City of Fresno Printed on 6/9/2023Page 1 of 3 powered by Legistar™ 06/15/2023 REMOVED WITH NO RETURN DATE File #:ID 23-846 Agenda Date:6/15/2023 Agenda #: 1.-M. to prevent,prepare for,and respond to COVID-19.The approval of this substantial amendment funded various activities such as street outreach through an agreement with Kingsview and rapid rehousing through agreements with the Fresno Center and Centro La Familia. On August 18,2022,City Council approved the sixth revision of the ESG-CV activity allocations reprogramming unspent ESG-CV funding from the agreements with the County of Fresno,Kingsview, the Fresno Center,and Centro La Familia to emergency shelter operations at Travel Inn,mobile shower operations,and an extension of the agreement with Poverello House for street outreach.This reprogramming was necessary to ensure the City meets its 100%expenditure deadline of September 30, 2023. On December 15,2022,City Council approved Annual Appropriation Resolution No.2022-154 to appropriate the ESG-CV funds that were approved by City Council on August 18,2022,for emergency shelter,mobile shower,and street outreach activities.Because the funds being reprogrammed were placed on purchase orders in prior fiscal years Council would have to approve an appropriation of funds from the prior fiscal years to the current fiscal year to fund the approved activities. Since then,the City has had ESG-CV agreements that have ended with unspent funding.This has left the City with $132,600 in ESG-CV funds to reprogram.An AAR must once again be completed to allow for the use of the available ESG-CV funds for emergency shelter.The AAR would reappropriate unspent ESG-CV funds on purchase orders from prior fiscal years to fund the current fiscal year’s emergency shelter activities.The amendment to an agreement associated with the emergency shelter activities proposed to receive the funds will go before Council on the same date under a separate agenda item. ENVIRONMENTAL FINDINGS This is not a project for purposes of CEQA pursuant to CEQA guidelines Section 15378.These plans,strategies and studies are Categorically Excluded Not Subject to Section 58.5 Pursuant to 24 CFR Part 58.34(a) and 58.35(b) under HUD NEPA Requirements (24 CFR 58.35 (b) (2) (3)). LOCAL PREFERENCE Local preference is not applicable because of the use of federal funding. FISCAL IMPACT This Resolution will appropriate Fiscal Year 2020-2021 and Fiscal Year 2021-2022 ESG-CV Funds (Fund# 2000-2037) to Fiscal Year 2022-2023 ESG-CV Funds (658004/ 2000-2037/9995). Attachments: ESG-CV Resolution No. 2022-154 City of Fresno Printed on 6/9/2023Page 2 of 3 powered by Legistar™ File #:ID 23-846 Agenda Date:6/15/2023 Agenda #: 1.-M. City of Fresno Printed on 6/9/2023Page 3 of 3 powered by Legistar™ Date Adopted: 1 of 2 Date Approved: Effective Date: Resolution No. RESOLUTION NO. ___________ A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO ADOPTING THE 45th AMENDMENT TO THE ANNUAL APPROPRIATION RESOLUTION NO. 2022-154 TO APPROPRIATE $132,600 IN EMERGENCY SOLUTIONS GRANT- CORONAVIRUS (ESG-CV) BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FRESNO: THAT PART III of the Annual Appropriation Resolution No. 2022-154 be and is hereby amended as follows: Increase/(Decrease) TO: PLANNING AND DEVELOPMENT DEPARTMENT ESG-CV $ 132,600 THAT account titles and numbers requiring adjustment by this Resolution are as follows: ESG-CV Revenues: Account String: 2000-2037-9995-000-433104-19-6-0000-0000- $ 132,600 Total Revenues $ 132,600 Appropriations: Account String: 2000-2037-9995-000-658004-19-6-0000-0000- $ 132,600 Total Appropriations $ 132,600 THAT the purpose is to appropriate $132,600 to fund new ESG-CV homeless service projects to protect the health and safety of people experiencing homelessness and reduce the spread of the COVID-19 outbreak. 2 of 2 CLERK’S CERTIFICATION 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, California, at a regular meeting thereof, held on the Day of , 2023 AYES: NOES: ABSENT: ABSTAIN: Mayor Approval: , 2023 Mayor Approval/No Return: , 2023 Mayor Veto: , 2023 Council Override Veto: , 2023 TODD STERMER, CMC City Clerk BY: ____________________________ Deputy City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-845 Agenda Date:6/15/2023 Agenda #: 1.-N. REPORT TO THE CITY COUNCIL FROM:JENNIFER CLARK, Director Planning and Development Department PHIL SKEI, Assistant Director Planning and Development Department BY:ERIKA LOPEZ, Senior Management Analyst Community Development Division SUBJECT Actions pertaining to supplemental Emergency Solutions Grant funding provided by the U.S. Department of Housing and Community Development Office of Community Planning and Development (HUD CPD) to prevent, prepare for, and respond to the Coronavirus: 1. Approve an Amendment to the Emergency Solutions Grant - Coronavirus Agreement with Elevate Community Services to increase the funding by $132,539.21 for a total award of $385,805.42 for emergency shelter within the City of Fresno. 2. Approve the seventh revision of the Emergency Solutions Grant - Coronavirus Activity Allocations to reallocate $132,539.21 to fund emergency shelter operations RECOMMENDATION Staff recommends the City Council approve an amendment to the agreement between the City of Fresno and Elevate Community Services, approve the seventh revision of the Emergency Solutions Grant - Coronavirus (ESG-CV) Activity Allocations, and authorize the City Manager or designee to sign all necessary implementing agreements as approved to form by the City Attorney. EXECUTIVE SUMMARY The City of Fresno (City) is proposing an amendment to the ESG-CV agreement with Elevate Community Services (Elevate) to add direct services to occupants at Travel Inn and aid in the full expenditure of ESG-CV funds by the September 30, 2023, expenditure deadline. BACKGROUND The Travel Inn consists of 60 rooms and 150 beds and has operated at full capacity since opening in September 2021. Travel Inn operates as a triage emergency shelter which requires extensive supportive services and case management as it includes provisions for occupants that would not be allowed in traditional emergency shelters such as pets, partners, and possessions. Travel Inn City of Fresno Printed on 6/9/2023Page 1 of 3 powered by Legistar™ 06/15/2023 REMOVED WITH NO RETURN DATE File #:ID 23-845 Agenda Date:6/15/2023 Agenda #: 1.-N. allowed in traditional emergency shelters such as pets,partners,and possessions.Travel Inn provides 24-hour staffing,on-site wrap-around services,and welcomes individuals with present mental health or addiction issues. On June 16,2022,City Council approved a Community Development Block Grant-Coronavirus (CDBG-CV)agreement between the City and Elevate for emergency shelter operations and supportive services at Travel Inn through December 31, 2023. On August 18,2022,City Council approved revisions to the ESG-CV Activities,which would reprogram funds for street outreach services,mobile shower operations,and add additional funding for the operations at Travel Inn. On November 17,2022,City Council approved an ESG-CV agreement between the City and Elevate through September 30,2023,to add three case managers to the operations of Travel Inn thereby improving the ratio of case managers to occupants.Since the approval and execution of the ESG-CV agreement between the City and Elevate to increase case managers,179 individuals have been served with emergency shelter and supportive services of which a total of 28 individuals have experienced permanent safe exits and an additional 34 have experienced temporary safe exits into programs. The proposed amendment to the agreement would provide an additional $132,539.21 in ESG-CV funds made available from other ESG-CV projects’savings to increase the direct services to occupants.The amendment would not increase the term of the agreement which will expire September 30,2023.The proposed additional ESG-CV funds will be used to cover the costs of client expenses for which Elevate has in part relied on donations.Costs include those for clothing, document readiness, shelter furniture, food, incentives, and hygiene products. Travel Inn is typically the first shelter people utilize when coming off of the streets.As the City’s only congregate shelter,people enter this shelter the least prepared for housing.As those remaining on our streets increasingly exhibit the most acute needs,Travel Inn has seen an increase in occupants who are new to the Coordinated Entry System (CES).Individuals who are new to the triage emergency shelter and to CES require additional direct services expenses.Elevate has worked to optimize the free resources available in the community,but some of the items needed for occupants cannot be received through donations.In recent months there has been a greater need for items that cannot be donated such as undergarments and socks for men and women staying at the triage emergency shelter.A budget was created by Elevate to cover these expenses and the funds were quickly exhausted. Additionally,Elevate has seen an increase in property damage when providing shelter to new tenants with more acute needs resulting in the need for furniture to be replaced because it is no longer operable and poses a safety hazard to the current or incoming occupants.The influx of individuals who have not been previously sheltered also need assistance obtaining identity documentation (i.e. birth certificate,California ID/driver’s license,social security card,etc.)which is necessary for individuals to apply for housing, jobs, federal and state benefits, or enroll in school. Furthermore, Elevate has experienced an increase in the need for birth certificates from cities outside of the City of Fresno. Currently Elevate is working with a local nonprofit to assist with the cost of obtaining the documentation. However, securing funding through the nonprofit is a lengthy process City of Fresno Printed on 6/9/2023Page 2 of 3 powered by Legistar™ File #:ID 23-845 Agenda Date:6/15/2023 Agenda #: 1.-N. that can take 90-120 days and ultimately extends the occupants’ stay at Travel Inn. The reprogramming of the $132,539.21 in ESG-CV funds to increase funding available for Travel Inn will assist in covering these direct services expenses and will also aid in the City’s ability to meet the September 30, 2023, expenditure deadline. ENVIRONMENTAL FINDINGS This is not a project for purposes of CEQA pursuant to CEQA guidelines Section 15378.These plans,strategies and studies are Categorically Excluded Not Subject to Section 58.5 Pursuant to 24 CFR Part 58.34(a) and 58.35(b) under HUD NEPA Requirements (24 CFR 58.35 (b) (2) (3)). LOCAL PREFERENCE Local preference is not applicable because of the use of federal funding. FISCAL IMPACT The agreement will be funded through the City’s ESG-CV allocations. Attachments: 1st Amendment - Travel Inn ESG-CV ESG-CV Activities City of Fresno Printed on 6/9/2023Page 3 of 3 powered by Legistar™ 1 FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT (Amendment) effective as of September 1, 2022, amends the Agreement (as defined below) entered into between the City of Fresno, a municipal corporation (CITY), and Elevate Community Services, Inc., (SUBRECIPIENT). CITY and the SUBRECIPIENT are collectively referred to as Parties. RECITALS CITY and SUBRECIPIENT entered into an Agreement for the administration of Coronavirus HEARTH Emergency Solutions Grant (HESG or ESG) funds provided to the CITY under Coronavirus Aid, Relief and Economic Security Act (CARES Act) (ESG-CV) for low barrier homeless shelter and triage center services within the City of Fresno for the purpose of protecting the health and safety of people experiencing homelessness and reducing the spread of the COVID-19 outbreak (Agreement); and CITY and the SUBRECIPIENT desire to increase Subrecipient’s compensation and expand the Subrecipient’s scope of work to include direct services to clients in order to meet the needs of homeless individuals impacted by COVID-19; and NOW, THEREFORE, in consideration of the above recitals, which recitals are contractual in nature, the mutual premises herein contained, and for other good and valuable consideration hereby acknowledge, the Parties agree that the aforesaid Agreement be amended as follows: AMENDMENT 1. Subrecipient’s compensation shall be increased by $132,539.21 for total compensation that shall not exceed $385,805.42 for the period of September 1, 2022, through September 30, 2023. 2. Exhibit B is deleted in its entirety and replaced with the attached Revised Exhibit “B”. 3. The Subrecipient’s services will be expanded to include direct services to clients. 4. Exhibit A is deleted in its entirety and replaced with the attached Revised Exhibit “A”. 5. In the event of any conflict between the body of this Amendment and any Exhibit or Attachment hereto, the terms and conditions of the body of this Amendment shall control and take precedence over the terms and conditions expressed within the Exhibit or Attachment. Furthermore, any terms or conditions contained within any Exhibit or Attachment hereto which purport to modify the allocation of risk between the Parties, provided for within the body of this Amendment, shall be null and void. 6. Except as otherwise provided herein, the Agreement entered into by CITY and SUBRECIPIENT, dated December 15, 2022, remains in full force and effect. [SIGNATURES APPEAR ON THE NEXT PAGE] IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno, California, on the day and year first above written. CITY OF FRESNO, A California municipal corporation By: Georgeanne A. White Date City Manager APPROVED AS TO FORM: Andrew Janz City Attorney By: Tracy N. Parvanian Date Supervising Deputy City Attorney ATTEST: TODD STERMER, CMC City Clerk By: Deputy Elevate Community Services, Inc. By: Wayne Rutledge, President Addresses: CITY: City of Fresno Attention: Karen Jenks, Housing & Neighborhood Revitalization Manager 2600 Fresno Street, CHN 3065 Fresno, CA 93721 Phone: (559) 621-8064 FAX: Recipient: Elevate Community Service, Inc. Attention: Katie Wilbur Executive Director 255 W. Clinton Ave., Fresno, CA 937405 Fresno CA 93705 Phone: (559) 314-3914 Attachments: 1. Revised Exhibit A – Scope of Services 2. Revised Exhibit B - Budget REVISED EXHIBIT A SCOPE OF SERVICES Agreement Between CITY OF FRESNO and Elevate Community Services, Inc. Project: Low Barrier Triage Center/ Emergency Shelter (Formerly known as the Travel Inn) Scope of Work The SUBRECIPIENT will increase staff with three full time case managers to provide intensive case management services that focus on helping participants develop a housing plan and overcome barriers to attaining permanent housing. Case Mangers will connect participants to support services and benefits necessary to overcome barriers preventing them from obtaining and retaining permanent housing. The SUBRECIPIENT will expand the services provided through this agreement to include direct services to participants which include but are not limited to: • Assisting participants with becoming “document ready” • Meals for participants • Appropriate clothing to protect participants from the weather conditions. • Hygienic products and supplies for participants • Replace and repair of room furnishing prior to new clients receiving a room. • The participant volunteer program Record Retention and Reporting Requirements The SUBRECIPIENT must retain records in accordance 24 CFR Subpart F – Grant Administration, § 576.500, Recordkeeping and Reporting Requirements. HUD requires recipients to report the uses of ESG-CV funding in their Consolidated Annual Performance and Evaluation Report (CAPER) and through submission of project data into the SAGE Homeless Management Information System (HMIS) Repository. Quarterly reporting from the SUBRECIPIENT to the City is mandatory to meet this requirement. The CITY’s quarterly reporting requirements are described within this Agreement and the report form is attached as Exhibit D. Monitoring The SUBRECIPIENT must monitor any and all subawards to subrecipients in accordance with U.S Department of Housing and Urban Development (“HUD”) requirements. The SUBRECIPIENT is further encouraged to use HUD CPD Monitoring Handbook - 6509.2 REV-7, CHG-1. In conducting their monitoring reviews The SUBRECIPIENT acknowledges that the CITY is required to periodically monitor the SUBRECIPIENT’s delivery of the subject ESG-CV funding. The CITY will utilize the guidance in HUD CPD Monitoring Handbook - 6509.2 REV-7, CHG-1 as well as 24 CFR 756, 2 CFR 200 and this Agreement when conducting on-site and desk monitoring reviews. Progressive Expenditure Deadlines and Recapture Provisions To ensure ESG-CV funds are spent quickly on eligible activities to address the public health and economic crises caused by coronavirus, HUD is requiring that the CITY complete eligible reimbursement draw-downs from the U.S. Treasury within 90 days of the last day of the applicable progressive expenditure deadline cycle. To ensure that the CITY meets this HUD requirement, the CITY has set forth a Spending Plan by Progressive Expenditure Deadline, which is included in EXHIBIT C to this AGREEMENT, and a reimbursement request and accomplishment data processing schedule that may be found in TABLE 1 below and more fully described in subsequent narrative. TABLE 1 A. Progressive Expenditure Deadline - Percentage of Grant Award B. Expenditure Cycle Ending: C. Request for Reimbursement Packet and Accomplishment Data Submitted by SUBRECIPIENT to CITY By/Before D. SUBRECIPIENT Reimbursement and Data Packet Deficiencies Cured By/Before: E. CITY Uploads Accomplishment Data into HUD Reporting System By/Before F. CITY Completes HUD IDIS Drawdown By/Before: 20% Dec. 31, 2022 Jan. 31, 2023 Feb. 28, 2023 Jan. 31, 2023 Mar. 15, 2023 80% Jun. 30, 2023 Jul. 31, 2023 Aug. 31, 2023 Jul. 31, 2023 Sept. 15, 2023 100% Sept. 30, 2023 Oct. 31, 2023 Nov. 30, 2023 Oct. 31, 2023 Nov. 15, 2023 Consistent with Table 1 and HUD and CITY requirements, the City will recapture: i) the expenditure shortfall up to 20 percent of the SUBRECIPIENTs total ESG-CV award should the SUBRECIPIENT not request by January 31, 2023 reimbursement for eligible and allowed costs for at least 20% of the ESG-CV award for the expenditure cycle ending December 31, 2022 ii) recapture the expenditure shortfall up to 80 percent of the SUBRECIPIENTs total ESG-CV award should the SUBRECIPIENT not request by July 31, 2023 reimbursement for eligible and allowed costs for at least 80% of expended eligible and allowed costs under the ESG-CV award for the expenditure cycle ending June 30, 2023; iii) recapture the expenditure shortfall up to 100 percent of the SUBRECIPIENTs total ESG-CV award should the SUBRECIPIENT not request by October 31, 2023 reimbursement for eligible and allowed costs for at least 100% of expended eligible and allowed costs under the ESG-CV award for the expenditure cycle ending September 30, 2023. These periods and reimbursement request due dates are summarized in Table 1, Columns A, B, and C, above In the event the CITY determines that a reimbursement request or portions thereof are eligible for reimbursement, but inadequately supported, the CITY may provide the SUBRECIPIENT additional time to correct and cure the reimbursement request defect by providing additional supporting documentation. The period for curing documentation defects for draws in a particular expenditure deadline cycle shall expire on the respective dates provided in Column D of Table 1 in this Exhibit. Shall the defect not be fully cured by the cure expirations date, the costs associated with the defect will be disallowed. In the event the disallowed costs results in the total reimbursement for the expenditure cycle falling short of the amount required for the meeting the cycle’s progressive expenditure deadline amount as provided in EXHIBIT C, the CITY will recapture the amount of the expenditure shortfall for the cycle. Accomplishment data defects must also be cured by the respective dates provided in Column D Table 1 in this Exhibit A. Accomplishment data defects not corrected by the applicable dates may result in the suspension of reimbursement request processing and the making of reimbursement payments until such time as the data defect is cured by the SUBRECIPIENT. In the event that a suspension results in the failure to achieve an expenditure deadline requirement, the CITY will recapture the entire amount associated with the expenditure deadline cycle. Salaries & Wages Fringe Benefits Totals (City of Fresno HUD Funds) Other Federal Funds State Funds Local Govm't Funds Private / Donor Funds Other Funds (specify) Salaries/Wages (Specify each position; add additional rows as needed) Direct Service Personnel:Approved Contract 253,266.21$ Case Manager 60,700.00 9,000.00 69,700.00 69,700.00 Proposed Amendment 132,539.21$ Case Manager 60,700.00 9,000.00 69,700.00 69,700.00 Total 385,805.42$ Case Manager 60,700.00 9,000.00 69,700.00 69,700.00 Case Manager .5 - - [enter position title] - - Administrative Personnel: [enter position title] - - [enter position title] - - [enter position title] - - Independent Contractors / Consultants: [enter position title] - - [enter position title] - - TOTAL PERSONNEL BUDGET $ 182,100.00 $ 27,000.00 $ 209,100.00 $ - $ - $ - $ - $ - $ 209,100.00 Other Direct Costs (Include only costs that are direct; indirect costs are covered under the Indirect Cost Rate) Employee costs 21,142.01 21,142.01 Client Incentives 7,500.00 7,500.00 Document Readiness 5,000.00 5,000.00 Employee Training 5,500.00 5,500.00 Client Food 75,000.00 75,000.00 Client Clothing 5,500.00 5,500.00 Office Supplies 1,990.00 1,990.00 Client Furniture 15,000.19 15,000.19 Client Hygiene 5,000.00 5,000.00 [enter cost category] - TOTAL OTHER DIRECT COSTS $ 141,632.20 $ - $ - $ - $ - $ - $ 141,632.20 INDIRECT COSTS* (Select 1 indirect rate Only) Approved Indirect Cost Rate - De minimus 10 % Rate 35,073.22 35,073.22 TOTAL INDIRECT COST BUDGET $ 35,073.22 $ - $ - $ - $ - $ - $ 35,073.22 TOTAL PROJECT BUDGET $ 182,100.00 $ 27,000.00 $ 385,805.42 $ - $ - $ - $ - $ - $ 385,805.42 REVISED EXHBIT B Please revise this form and annotate budget items as needed All applicants are required to submit a copy of their organization’s operating budget. *An approved indirect cost rate must be applied to the base identified in the agreement with the federal cognizant agency. Per 2 CFR 200.414, any non-federal entity that does not have a current negotiated rate may elect to charge a de minimis rate of 10% of Modified Total Direct Costs (defined in 2 CFR 200.68). CITY OF FRESNO OPERATING BUDGET SUMMARY (non-capital projects) Budgeted Position (Personnel) or Category (Operations) City of Fresno HUD Funds Other Funds for Project Project Totals (All Funds) June 15, 2023 Page 1 of 6 Emergency Solutions Grant – Coronavirus (ESG‐CV) Activities Planning and Development Department Housing and Community Development Division 2600 Fresno Street, Room 3065 Fresno, CA 93721 559‐621‐8300 HCDD@fresno.gov October 29, 2020 Revised February 18, 2021 Revised April 1, 2021 Revised May 19, 2021 Revised June 24, 2021 Revised January 13, 2022 Revised August 11, 2022 Revised June 15, 2023 Purpose of this Document As part of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) passed by the U.S. Congress and signed into law by the President on March 27, 2020, the U.S. Department of Housing and Urban Development (HUD) allocated a supplemental ESG allocation for the City to use to prevent, prepare for, and respond to Coronavirus. ESG‐CV funds are not subject to the consultation and citizen participation requirements that otherwise apply to the Emergency Solutions Grants program, including the requirements under 24 CFR 91.100, 91.105, 91.110, and 91.115. However, as required by the CARES Act, each recipient must publish how it has used and will use its allocation, at a minimum, on the Internet at the appropriate government website or through other electronic media. This document is being made available on the website of the City’s Housing and Community Development division to meet this requirement. Emergency Solutions Grant – Coronavirus 1 (ESG‐CV1) June 15, 2023 Page 2 of 6 Funds programmed according to Substantial Amendment 2019‐03 to the 2019‐2020 Annual Action Plan adopted by City Council on June 18, 2020. Agreement with the County of Fresno for Joint COVID‐19 Homeless Response authorized by City Council on June 18, 2020. City Council approved Emergency Shelter allocation on August 11, 2022. Table 1: ESG‐CV1 Allocations Organization & Activity Description Amount County of Fresno – Joint COVID‐19 Homeless Response Funds sub‐awarded to the County of Fresno and the Fresno Madera Continuum of Care to focus on the maintenance of COVID‐19 homeless response strategies that include shelter housing and the provision of critical services and supplies. Up to $105,175.50 for administration and compliance. $1,927,094. 55 Program Administration Funds will be used for grant administration to comply with all applicable regulations while expediting the implementation of services and investments to prevent, prepare for, and respond to the coronavirus (COVID‐19). $131,711.70 City of Fresno – Emergency Shelter Operations Emergency Shelter Operations and Supportive Services for 60‐bed site acquired by the City of Fresno $44,703.75 Total ESG‐CV1 $2,103,510 June 15, 2023 Page 3 of 6 Funds programmed according to Substantial Amendment 2019‐05 to the 2019‐2020 Annual Action Plan adopted by City Council on October 29, 2020. Revised ESG‐CV plan was approved by the City Council on February 18, 2021, allocating the remaining $5,960,899 to the following activities: Deposit Assistance ($500,000); Emergency Shelter Conversion, Rehabilitation, or Operations ($774,099); City of Fresno – Emergency Shelter Operations ($1,388,800); Fresno Housing Authority – Emergency Shelter Operations ($3,298,000). Revised ESG‐CV plan was approved by the City Council on April 1, 2021, allocating $2,100,000 from the County of Fresno Joint COVID‐19 Homeless Response to the City of Fresno COVID‐19 Emergency Shelter & Street Outreach, Rapid Rehousing, or Homelessness Program. Revised ESG‐CV plan was approved by the City Council on May 19, 2021, allocating funds to Mental Health Services, Inc. – Emergency Shelter Operations and Services ($1,396,143.46); Kings View Corporation – Street Outreach Services ($159,588.60); and Poverello House – Street Outreach Services ($349,207.65) Revised ESG‐CV plan was approved by the City council on June 24, 2021, allocating funds to the following: Mental Health Services, Inc. – Emergency Shelter Operations ($1,620,339.50); Kings View Corporation – Street Outreach ($112,073.50); and Poverello House – Street Outreach ($367,587). Revised ESG‐CV plan was approved by the City Council on January 13, 2022, allocating funds to the following: Fresno Housing Authority – Homeless Management Information System ($56,000); Poverello House Village of Hope I – Shelter Operations ($237,377.28); Elevate Community Services – Temporary Emergency Shelter Operations ($1,256,368.33); UCSF, Fresno – Vaccine Clinic ($438,566); Marjaree Mason Center – Temporary Emergency Shelter Operations and Supportive Services ($300,000). Additional Emergency Services Operations and Street Outreach activities, and the increase of funding to existing activities, approved by City Council on August 11, 2022. Additional activities and decreases in funding due to program savings from existing activities, are italicized and highlighted. City Council will consider the updated allocations at its June 15, 2023, meeting. June 15, 2023 Page 4 of 6 Table 2: ESG‐CV2 Allocations Organization & Activity Description Amount Centro La Familia & The Fresno Center Deposit Assistance Programs Funds sub‐awarded to Centro La Familia and The Fresno Center to provide rental application fees, security deposits, last month’s rent, and/or utility deposits eligible under the code of federal regulations for housing stabilization services [24 CFR 576.105(a)(1‐4)] for homeless or homelessness prevention $106,351.70 City of Fresno – Emergency Shelter Operations Emergency Shelter Operations and Supportive Services for 60‐bed site acquired by the City of Fresno $1,363,965.31 Fresno Housing Authority – Emergency Shelter Operations Emergency Shelter Operations and Supportive Services at Fresno Housing Authority (FH) locations operated as emergency shelters: • Days Inn at 1101 N Parkway Drive • Welcome Inn, at 777 N Parkway Drive $2,521,000 Mental Health Services, Inc. Emergency Shelter Operations and Supportive Services for a 50‐bed site. $1,607,345.63 Kings View Corporation Street outreach services to prevent, prepare for, and respond to the Coronavirus. $95,966.33 June 15, 2023 Page 5 of 6 Poverello House Street outreach services to prevent, prepare for, and respond to the Coronavirus. $671,605 Fresno Housing Authority – Homeless Management Information System The Housing Authority of the City of Fresno will provide HMIS services for the purposes of gathering and analyzing community data from various programs, including ESG‐CV. This system will be used to assess the effectiveness of the homeless response system and inform decision making on housing and service needs for individuals/families impacted by COVID‐19 and experiencing homelessness. $56,000 Poverello House Village of Hope I – Shelter Operations Provides funding to operate Village of Hope, a shelter providing temporary housing and services to people experiencing homelessness in the City of Fresno. $228,310.51 Elevate Community Services Temporary emergency shelter operations at the Ambassador Inn and Villa Motel. $1,256,368.33 Marjaree Mason Center – Temporary Emergency Shelter Temporary Emergency Shelter Operations and Supportive Services. $300,000 Gracebound – Mobile Showers Mobile shower facility to provide basic hygiene to people experiencing homelessness who are at risk of being impacted by COVID‐19. $209,979.98 June 15, 2023 Page 6 of 6 Elevate Community Services Increase to agreement to include additional direct services to clients. Inn – Emergency Shelter Operations $132,539.21 City of Fresno – Program Administration Funds will be used for grant administration to comply with all applicable regulations while expediting the implementation of services and investments to prevent, prepare for, and respond to the coronavirus (COVID‐19). $296,011 Total ESG‐CV2 $8,845,443 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-884 Agenda Date:6/15/2023 Agenda #: 1.-O. REPORT TO THE CITY COUNCIL FROM:JENNIFER CLARK, Director Planning and Development Department PHIL SKEI, Assistant Director Planning and Development Department BY:JILLIAN GAYTAN, Senior Management Analyst Homeless Services Division SUBJECT Approve a Second Amendment to the Agreement with Turning Point of Central California to operate the Valley Inn as a low-barrier emergency homeless shelter to extend the contract term to June 30, 2023 and to increase the compensation for property management and case management services by $1,589,731 for a total contract amount not to exceed $3,179,472, using Homekey 2.0 (Homekey) program funding. RECOMMENDATION Staff recommends City Council approve a Second Amendment to the Agreement with Turning Point of Central California to operate the Valley Inn as a low-barrier emergency homeless shelter to extend the contract term to June 30, 2023, and increase the amount by $1,589,731 for a total contract amount not to exceed $3,179,472, and authorize the City Manager to sign all implementing documents. EXECUTIVE SUMMARY The City of Fresno (City) has an existing agreement with Turning Point of Central California (TPOCC) to operate the Valley Inn as a low-barrier emergency homeless shelter but a Second Amendment to the agreement is needed to comply with the requirements of Project Homekey and to reimburse operational expenses dating back to when the agreement’s original funding source was exhausted. In order to do this the City proposes increasing the amount of the agreement by $1,589,741 for a total contract amount not to exceed $3,179,472. The current agreement will expire on June 24, 2023. This Second Amendment will extend operations through June 30, 2023 when TPOCC’s new agreement begins July 1, 2023, which was approved by Council on March 30, 2023. BACKGROUND City of Fresno Printed on 6/20/2023Page 1 of 3 powered by Legistar™ 06/15/2023 MA/GB 7-0 File #:ID 23-884 Agenda Date:6/15/2023 Agenda #: 1.-O. On May 27,2021,Council approved acquisition of The Valley Inn,a 107-room motel located at 933 N.Parkway Drive (APN 449-335-32)for homeless housing and associated rehabilitation and property management services. On June 10,2021,Council approved the property management agreement with Turning Point for operations and case-management services provided at Valley Inn in the total amount of $1,589,741 for 12-months. In December 2021,City Council approved Resolution 2021-317 authorizing application and participation in the Homekey Program to sustain and rapidly expand housing for persons experiencing homelessness or at risk of homelessness,and who are thereby inherently impacted by or at increased risk for medical diseases or conditions due to the COVID-19 pandemic. In January 2022,the City submitted a Homekey application as an individual applicant,applying for funds to reimburse costs associated with the acquisition,rehabilitation,relocation,and operations of the Valley Inn. On June 6,2022,Council approved the first amendment to the TPOCC agreement to extend the term of the agreement for one year through June 24, 2023 and added additional insurance requirements. On July 21,2022 the City was awarded Homekey funding for the Valley Inn totaling $17,672,672 to reimburse costs associated with the acquisition,rehabilitation,relocation,and operations of the Valley Inn.On December 15,2022,Council approved resolution 2022-293,the 16th Amendment to the Annual Appropriation Resolution (AAR)No.2022-154 appropriating funding for Homekey Program related activities. On October 25,2022 staff issued a Request for Proposal (RFP)for triage center/emergency shelter operations and coordination of services,and received two proposals.A selection panel found TPOCC’s proposal to be qualified and most responsive to operate the Valley Inn. On March 30,2023 Council approved an agreement with TPOCC to operate the Valley Inn from July 1, 2023 through June 30, 2024. This second amendment will extend the existing agreement from June 24,2023 to June 30,2023 to prevent an interruption in shelter operations until TPOCC’s new agreement begins July 1,2023.This second amendment will also authorize the utilization of Homekey 2.0 program funds to comply with the requirements of Project Homekey and reimburse costs incurred during the existing agreement period starting when the original source of funding for the agreement was exhausted. City Attorney has reviewed and approved as to form. ENVIRONMENTAL FINDINGS This item is not a project as defined by the California Environmental Quality Act. LOCAL PREFERENCE City of Fresno Printed on 6/20/2023Page 2 of 3 powered by Legistar™ File #:ID 23-884 Agenda Date:6/15/2023 Agenda #: 1.-O. Local preference is not applicable because this agreement does not include an award of a construction or service contract. FISCAL IMPACT This agreement would be funded through Homekey 2 funds that were appropriated to the Planning and Development Department as part of its fiscal year 2023 Budget. Attachment: Second Amendment to Agreement with Turning Point of California - Valley Inn City of Fresno Printed on 6/20/2023Page 3 of 3 powered by Legistar™ SECOND AMENDMENT TO AGREEMENT THIS SECOND AMENDMENT TO AGREEMENT (Amendment) is made and entered into effective upon execution by both parties on ___________________ (the Effective Date), by and between the City of Fresno, a municipal corporation (City), and Turning Point of Central California, Inc., a Nonprofit California Corporation (Property Manager). RECITALS WHEREAS, City and Property Manager entered into an Agreement, dated June 24, 2021 (Agreement), for property management and case management services at the Valley Inn (Project) located at 933 North Parkway Drive, Fresno, CA 93728; and WHEREAS, City and Property Manager entered into a First Amendment to the Agreement on June 9, 2022, to extend the contract term to June 24, 2023 without change to the total fee; and WHEREAS, City and Property Manager desire to enter into a Second Amendment to the Agreement to extend the contract term to June 30, 2023 and to increase the compensation for property management and case management services by $1,589,731 for a total contract amount not to exceed $3,179,472, using Homekey 2.0 program funds. AGREEMENT NOW, THEREFORE, in consideration of the above recitals, which recitals are contractual in nature, the mutual premises herein contained, and for other good and valuable consideration hereby acknowledged, the parties agree that the Agreement shall be amended as follows: 1. The term of the Agreement shall be extended to June 30, 2023. 2. The Consultant’s sole compensation for satisfactory performance of all services required or rendered pursuant to the Agreement shall be increased by $1,589,731, for a total contract amount not to exceed $3,179,472, which shall be paid using Homekey 2.0 funds. 3. In the event of any conflict between the body of this Amendment and the Agreement, the terms, and conditions of the body of this Amendment shall control and take precedence over the terms and conditions expressed within the Agreement. Furthermore, any terms or conditions contained within the Agreement which purport to modify the allocation of risk between the parties, provided for within the body of this Amendment, shall be null and void. [Signatures follow on the next page.] IN WITNESS WHEREOF, the Parties have executed this Amendment at Fresno, California, the day, and year first above written. CITY OF FRESNO, A municipal corporation By: Georgeanne A. White Date City Manager APPROVED AS TO FORM: ANDREW JANZ City Attorney By: Taylor W. Rhoan Date Deputy City Attorney ATTEST: TODD STERMER, CMC City Clerk By: Date Deputy TURNING POINT OF CENTRAL CALIFORNIA, a Non-Profit California corporation By: Name: Title: (If corporation or LLC., Board Chair, Pres. or Vice Pres.) By: Name: Title: (If corporation or LLC., CFO., Treasurer, Secretary or Assistant Secretary) Attachments: 1.Agreement with Turning Point of Central California 2.First Amendment to the Agreement with Turning Point of Central California PROPERTY MANAGEMENT AGREEMENT This Property Management Agreement (Agreement) is made as of the 24th day of June 2021 (Effective Date), by and between the City of Fresno, a municipal corporation (City or Owner), and TURNING POINT OF CENTRAL CALIFORNIA, INC., a California non-profit public benefit corporation (Property Manager). Owner and Property Manager are referred to hereinafter each as a Party or collectively as Parties. RECITALS WHEREAS, the City of Fresno owns The Valley Inn located at 933 North Parkway Drive, Fresno, CA, 93728 (APN 449-335-32), and WHEREAS, the City of Fresno acquired The Valley Inn for the express intent to renovate and prepare The Valley Inn to serve as a low-barrier emergency homeless shelter for an interim period, until such time that The Valley Inn is converted to permanent affordable housing, and WHEREAS, the additional low-barrier shelter rooms will support the City’s Project Off Ramp program which relocates homeless individuals from the freeway right-of-way to low-barrier emergency shelters to protect public health and safety, and WHEREAS, the City of Fresno requires the services of a professional not-for-profit public benefit corporation to provide property management and case-management services for The Valley Inn to serve individuals and families experiencing homelessness, and WHEREAS, Turning Point of Central California is a non-profit public benefit corporation operating in California and providing behavioral health services, transitional, and other support services to those experiencing homelessness in the Central Valley of California, including in the City of Fresno; and WHEREAS, the City of Fresno and Turning Point of Central California currently have agreements in place to provide low-barrier emergency homeless shelter services at three motels in the City of Fresno, and WHEREAS, the City of Fresno and Turning Point of Central California now desire to enter into this Property Management Agreement to provide comprehensive property management and case management services to residents residing at The Valley Inn, and NOW, THEREFORE, in consideration of the foregoing and for other valuable consideration, the receipt and adequacy of which are hereby acknowledged, Owner and Property Manager agree as follows: Page 1 of 22 DocuSign Envelope ID: FEBCAA1D-E235-4CD8-ADD7-0C05C68F42DE Page 2 of 22 ARTICLE I APPOINTMENT OF PROPERTY MANAGER; LIMITATION OF AUTHORITY 1.1 Appointment of Property Manager. Owner hereby appoints Property Manager as the exclusive property manager in connection with the Property, and Property Manager accepts such appointment, upon the terms and conditions set forth below. Except as specifically provided herein or specifically authorized in writing by Owner, Property Manager has no right or authority, express or implied, to commit or otherwise obligate Owner in any manner whatsoever except as provided herein. Owner shall designate one (1) or more persons to serve as Owner’s Representative (each, a Representative) in all dealings with the Property. Whenever the approval or consent or other action of Owner is called for hereunder, such approval, consent, or action shall be binding on Owner only if specified in a writing executed by a Representative. The initial Representative shall be Thomas C. Esqueda, City Manager. Owner shall promptly notify Property Manager in writing if Owner appoints a new Representative to replace Representative, or an additional Representative for individual Property. ARTICLE II SCOPE OF SERVICES 2.1 Management of Property. Property Manager shall provide the property management activities and operations identified in the Scope of Services attached hereto and incorporated herein as Exhibit B. 2.2 Property Manager Personnel. All personnel employed by or contracted with the Property Manager to assist in managing the Property shall be employees or independent contractors of Property Manager or its affiliates and not of Owner. 2.3 Service Contracts. Property Manager may negotiate and execute contracts with independent contractors for services required in the ordinary course of business in operating the Property, including, without limitation, contracts for security protection, cleaning and janitorial service, utilities, and, to the extent applicable, internet, boiler, and HVAC maintenance; provided, however, that (i) except as otherwise approved by Owner in writing, such contracts shall not have a term in excess of one (1) year and shall be terminable by Property Manager or Owner without cause on thirty (30) days’ notice; and (ii) the nature and cost of the services to be contracted for are included in the then-current Budget approved by Owner pursuant to Section 2.10 below. 2.4 Maintenance and Repair. Property Manager shall keep the Property, including, without limitation, all buildings, common areas, and other improvements on the Propert y, in good order, repair, and condition so that the Property is maintained in a first -class condition equal to or better than competing proj ects and other similar projects managed by Property Manager in accordance with the then -current Budget approved by Owner and with funds received as part of the Property Management Fee. Property Manager may make expenditures or enter contracts without Owner ’s consent only for emergency repairs DocuSign Envelope ID: FEBCAA1D-E235-4CD8-ADD7-0C05C68F42DE Page 3 of 22 to the Property that are immediately required to be made for the preservation and safety of the Property, to avoid the suspension of any essential service to or for the Property, or to avoid danger to life or property at the Property (Emergency Expenditures), provided that Property Manager shall give Owner notice of any Emergency Expenditures and shall, to the extent reasonably practicable, consult with Owner prior to making any Emergency Expenditures. Major repairs over $500 such as equipment, appliances and fixtures, plumbing and electric systems, structure, including the roof, and HVAC systems, among others, will be paid for and completed by the Owner. 2.5 Compliance. Property Manager shall operate and maintain the Property, in compliance with, and in the performance of its duties hereunder shall abide by, all statutes, laws, rules, regulations, requirements, orders, notices, determinations, and ordinances of any national and local government and appropriate agencies, departments, commissions, or boards, the requirements of any insurance companies covering any of the risks against which Property is insured, and the requirements of any agreements relating to the Property (each a “Requirement”). Property Manager further agrees promptly to remedy any violation of a Requirement at Owner’s expense, provided that if the cost of remedying such violation exceeds Five Thousand Dollars ($5,000) in any one instance, Property Manager shall obtain Owner’s prior written approval before authorizing any expenditure, except for Emergency Expenditures, as provided in Section 2.4. 2.6 Prevention of Liens. After giving prompt written notice to Owner, Property Manager shall, at the sole cost and expense of the Owner, take necessary steps authorized in writing by Owner to prevent the creation of, and to remove, any claim of lien, lien, encumbrance, or security interest (collectively, a “Lien”) that attaches to the Propert y or any portion of the Property if the Lien has been asserted without Owner’s consent, unless Owner notifies Property Manager in writing that Owner does not intend to contest the Lien. 2.7 Notification. Property Manager shall notify Owner in writing of any fact or circumstance of significance to the Property including, without limitation, any major complaint made by a resident that is reasonably anticipated to cause a material impact to the operations at the Property, any damage, or destruction affecting the Property, any notice of or violation of any Requirement, any material defect in the Property, or any release of any hazardous or toxic substance, material, or waste or similar material on or about the Property. 2.8 Insurance Claims. Property Manager shall investigate and report in written detail to Owner and the applicable insurance carrier all accidents, claims for damage relating to the ownership, operation, or maintenance of the Property, and any damage or destruction to the Property and the estimated costs of repair, and shall prepare for written approval by Owner all reports required by an insurance company in connection with any such DocuSign Envelope ID: FEBCAA1D-E235-4CD8-ADD7-0C05C68F42DE Page 4 of 22 accident, claim, damage, or destruction. Property Manager is authorized to settle, in consultation with the Owner and at the sole cost and expense of Owner, subject to the indemnification provisions of paragraph 5.3, any claim against an insurance company for property damage not exceeding Five Thousand Dollars ($5,000) (excluding the deductible, if any) arising out of any policy and, in connection with such claim, to execute proofs of loss and adjustments of loss and to collect monies for loss proceeds. Except as provided above, Property Manager shall take no action to settle any insurance claims without the written approval of Owner. 2.9 Assistance with Proposed Sale or Financing. Property Manager agrees to cooperate fully with Owner and assist Owner in any attempt to sell or mortgage all or any part of any of the Property. 2.10 Budgets. On or before the date of this Agreement and thereafter, on or before November 1st of each year, or at any other time prescribed by Owner, Property Manager shall submit to Owner for Owner’s written approval a proposed operating and capital budget for the next calendar year for items including, but not limited to, promotion, operation, repair, other accrued operating expenses and maintenance of the Propert y, and in Property Manager’s standard format approved by Owner (the “Budget”). The Budget to be submitted to Owner shall be consistent with the terms of this Agreement, including, without limitation, the terms of Articles III and IV. If Owner or its Board of Directors rejects any proposed Budget submitted by Property Manager, Property Manager shall submit to Owner for Owner’s written approval, a new proposed Budget satisfying Owner’s objection, within ten (10) days after the date of Owner’s rejection. During the calendar year covered by each Budget, Property Manager shall operate within that Budget as approved by Owner. Property Manager shall use reasonable efforts not to incur aggregate expenditures of amounts greater than ten percent (10%) over the total expenditures set out in the Budget. Without the express prior written consent of Owner, Property Manager shall not incur any expenses other than as provided in the Budget or change the manner of operation of the Property, except for Emergency Expenditures as provided in Section 2.4. The approved Budget for the 2021-2022 fiscal year is attached hereto and incorporated herein as Exhibit “C”. 2.11 Reports. Property Manager agrees to render actual monthly income and expense reports relating to the management and operation of the Property in Property Manager’s standard format approved by Owner on the fifteenth (15th) calendar day after the expiration of each calendar month, and an annual income and expense report in Property Manager’s standard format approved of by Owner, within forty-five (45) days after the expiration of each calendar year. At Owner’s election (to be exercised by prior written notice to Property Manager), Property Manager shall deliver, concurrently with the delivery of each monthly income and expense report, copies of checks evidencing payments and collections and supporting invoices, internal allocations, and other back-up data as may be reasonably requested for the expenses and disbursements shown on the previous month’s income expense report. DocuSign Envelope ID: FEBCAA1D-E235-4CD8-ADD7-0C05C68F42DE Page 5 of 22 2.12 Retention, Inspection and Audit of Records. (a) Property Manager agrees to maintain, at the Property Manager’s expense, adequate accounting records on a cash basis (except Owner may request in writing a different method) in connection with all matters contemplated by this Agreement and to allow authorized representatives of Owner or the California Department of Housing and Community Development (HCD) to examine such records and any other of Property Manager's records relating to the operations and management of the Property and Property Manager's obligations hereunder, including, any correspondence, invoices, reports, allocations, etc. pertaining to transactions arising out of this Agreement (each, a “Record” and collectively, “Records”) and to audit all reports provided for herein. All Records maintained by Property Manager relating to the Property shall be the property of Owner. (b) Property Manager shall retain all Records relating to the Property for a period of five (5) years, or longer at the Owner’s request. Property Manager shall permit access to the Property upon reasonable notice and during normal business hours, for the purpose of interviewing employees and inspecting and copying books, records, accounts, and other relevant material. At Owner's election, Owner may select an independent Certified Public Accounting firm to conduct an annual audit of the Property, at Owner’s expense, and Property Manager shall cooperate, at no material out-of-pocket cost to Property Manager, in such audit, including preparing a detailed response to any audit findings. For purposes of this Section 2.12, cooperation with the audit by Property Manager's personnel and retrieval and production of Records shall not be considered out-of-pocket costs. 2.13 Meetings. Property Manager shall meet with Owner not less than monthly to discuss the status of the management, operation, and leasing of the Property (Meetings). It is agreed that Meetings may be conducted via a conference call, unless otherwise requested by Owner. Upon the request of the Owner and upon reasonable advance written notice, Property Manager shall arrange to meet Owner and or Owner’s Representative at the Property. ARTICLE III PROPERTY MANAGEMENT EXPENSES 3.1 Budget and Expenses. In accordance with the then-current Budget approved in advance by Owner, Property Manager shall be entitled to a monthly fee payment from Owner and in accordance with Section 5.1 to operate the property. This fee payment, based on the approved budget is intended to cover all expenses incurred by Property Manager in the performance of its obligations hereunder, including without limitation, actual costs and expenses relating to accounting and reporting (whether performed by Property Manager or its affiliates or by third parties), Valley, legal services, and all salaries, wages, payroll taxes, insurance, workers’ compensation, pension benefits, and other benefits of personnel who work at the Property and pr ovide necessary services to DocuSign Envelope ID: FEBCAA1D-E235-4CD8-ADD7-0C05C68F42DE Page 6 of 22 the Property, such as employee training and routine repair and maintenance (but excluding oversight of routine maintenance and repair). Otherwise, except as may be specifically provided elsewhere in the Agreement, Property Manag er shall bear its own and shall not be reimbursed by Owner for: (i) salaries, wages, payroll taxes, insurance, workers' compensation, pension benefits, and other benefits of Property Manager’s office personnel and officers, to the extent not included in th e approved budget, and (ii) general overhead and office expenses of Property Manager's corporate office, including, but not limited to items such as stationary and other office supplies and equipment, telephone and telecommunications services, data processing and other computer services, to the extent not included in the approved budget. Notwithstanding the above, if telecommunication services, data processing and other computer-related programs provide direct services to the Property (such as electronic mail, or other technical software support) these services will be deemed an expense of the Property and eligible for payment hereunder. In addition those expenses incurred by Property Manager that are allocated by Property Manager to the appropriate Property and any other properties (e.g., expenses allocated on account of off-site personnel, insurance, etc.) shall be allocated in a good faith manner designed to reimburse Property Manager for its actual out -of-pocket costs and shall not result in any charges to the Owner that exceed what the Owner would have paid on account of the Property if the Owner had obtained the services/goods directly. Administrative Expenses shall be paid monthly in an amount equal to 15% of the total Program Direct Expenses, in accordance with the approved Budget. ARTICLE IV BANK ACCOUNTS AND DISBURSEMENT OF FUNDS 4.1 Bank Accounts and Disbursement of Funds. Any and all funds received by Property Manager in the operation of the Property shall be received in trust for the benefit of Owner and shall be deposited by Property Manager into a bank account specified by Owner from time to time (Company’s Account). Unless otherwise expressly agreed to by Owner in writing, Property Manager shall not have the right to withdraw funds from Owner’s Account other than for normal operating expenses incurred in the ordinary course of business. Under no circumstances shall Owner’s funds be commingled with Property Manager’s funds. ARTICLE V INSURANCE AND INDEMNIFICATION 5.1 Property and Liability Insurance. Owner shall maintain, at its cost, property and liability insurance for the Property in such amount and with such companies as Owner may determine. Notwithstanding the above, until otherwise instructed by Owner, Property Manager has agreed to add Owner’ to its master insurance policy for the coverage required hereunder and all costs associated therewith will be identified in the Budget and shall be deemed an Expense of each Property as provided for in Section 3.1. 5.2 Workers’ Compensation Insurance. DocuSign Envelope ID: FEBCAA1D-E235-4CD8-ADD7-0C05C68F42DE Page 7 of 22 (a) Property Manager shall procure workers’ compensation insurance (or similar insurance as may be required by the laws of the State in which the Property is located) and employer’s liability insurance applicable to and covering all employees of Pro perty Manager at the Property and all persons engaged in the performance of any work required under this Agreement with limits of liability equal to not less than One Million Dollars ($1,000,000). (b) If any work under this Agreement is subcontracted, then Property Manager shall use its reasonable efforts to include in each subcontract a provision that the subcontractor shall carry (i) workers’ compensation insurance in accordance with the laws of the State of California; (ii) employer’s liability insurance applicable to and covering all persons engaged in the performance of any work required under this Agreement, with limits of liability acceptable to Owner; and (iii) comprehensive general liability insurance, including, without limitation, contractors’ protective liability insurance, with no exclusion for bodily injury to any employee of any contractor or subcontractor, and with combined limits of liability acceptable to Owner, for bodily injury, property damage, and personal injury. Property Manager shall use its reasonable efforts to ensure that all contracts (including construction contracts) state that the coverage carried is primary with respect to any other policies carried by Owner and shall name Owner and Property Manager as additional named insureds. 5.3 Indemnification. (a) Property Manager shall indemnify, defend, and hold harmless Owner, its affiliates and any of their respective managers, members, officers, directors, agents, and employees from and against any and all claims, losses, expenses, liabilities, actions, and damages, including, without limitation, reasonable attorneys’ fees and expenses (collectively, the "Claims"), arising directly or indirectly out of: (i) any default by Property Manager under the provisions of this Agreement; or (ii) any negligence or willful misconduct of Property Manager in connection with this Agreement or Property Manager’s services or work hereunder. (b) Owner shall indemnify, defend, and hold harmless Property Manager, its affiliates, and any of their respective managers, members, officers, directors, agents, and employees from and against any and all Claims arising out of: (i) any default by Owner under the provisions of this Agreement; or (ii) any negligence or willful misconduct of Owner in connection with this Agreement. (c) The provisions of this Section 5.3 shall survive the termination of this Agreement. ARTICLE VI PROPERTY MANAGER’S COMPENSATION 6.1 Property Management Fee. As compensation for the property management DocuSign Envelope ID: FEBCAA1D-E235-4CD8-ADD7-0C05C68F42DE Page 8 of 22 services performed by Property Manager pursuant to this Agreement, Owner agrees to pay to Property Manager a monthly management fee (Management Fee ) in the amount of 1/12th of the combined and approved Budgets as detailed in Exhibit C. The initial payment shall be for two months and be payable by July 15, 2021. Payments for the remaining months shall begin on September 1st and last for the duration of the agreement. Property Manager will submit an invoice to the Owner by the 20th of the preceding month. The Management Fee shall be payable monthly in advance. ARTICLE VII TERM AND TERMINATION 7.1 Term. The Initial Term of this Agreement shall be for one (1) year commencing on the Effective Date and ending 365 days thereafter (Initial Term), unless sooner terminated in accordance with the provisions of this Agreement. The initial term shall be extended by written notice from the Owner at least 90 days prior to the end of the term. Extensions may be granted for a maximum cumulative period of five (5) years. Property Manager shall not enter into any agreements for services that will extend beyond one (1) year, except any agreement that is terminable on no more than thirty (30) days prior written notice and is specifically approved by Owner. 7.2 Termination without Cause. Either party may terminate this Agreement, at any time, without cause, upon not less than ninety (90) days prior notice to the other party (Termination Notice). 7.3 Termination for Cause. This Agreement may be terminated for cause as follows: (a) In the event Owner or Property Manager shall default in the performance or observance of any term, condition, or covenant contained in this Agreement on its part to be performed or observed, and that default shall continue for a period of ten (10) days after written notice thereof, then the non-defaulting party may, at any time thereafter during the continuance of such default, terminate this Agreement on the date specified in the notice. Notwithstanding the foregoing, if a default cannot be remedied within the ten (10) day period, the defaulting party shall be deemed to be in compliance with this provision if it shall have commenced to remedy the default within that ten (10) day period and shall remedy the default within a reasonable time. (b) Either party may terminate this Agreement immediately in the event of: (i) the appointment of a receiver to take possession of all or substantially all the assets of the other party; (ii) an assignment by the other party for the benefit of creditors; (iii) any action taken or suffered by the other party under any insolvency, bankruptcy, reorganization, moratorium, or other debtor- relief act or statute, whether now existing or hereafter amended or enacted; (iv) any act of fraud, embezzlement, theft, conversion or intentional concealment of any other breach of this Agreement; (v) upon termination of funding from HCD to Owner; or (vi) by resolution of the Board of Commissioners of the Fresno Housing DocuSign Envelope ID: FEBCAA1D-E235-4CD8-ADD7-0C05C68F42DE Page 9 of 22 Authority for any reason. 7.4 Obligations Continuing After Termination. Any termination of this Agreement shall not affect the rights or obligations of the Parties arising out of the performance of this Agreement prior to such termination. Upon any termination of this Agreement by either Party, Property Manager shall surrender and deliver to Owner any space in the Property occupied by Property Manager and any and all amounts due Owner that are received by Property Manager after termination. Property Manager shall deliver to Owner all keys to the Property and originals of all rental agreements, contracts, documents, papers, records, and other items pertaining to the Property or to this Agreement, and shall furnish all such information and take all such action as Owner may reasonably request. Property Manager shall provide Owner with a final accounting of all records relating to this Agreement no later than thirty (30) days after termination of this Agreement. ARTICLE VIII MISCELLANEOUS 8.1 Notices. Any notice, demand or request given under this Agreement shall be given in writing, and shall be made by personal delivery or sent by United States registered or certified mail, postage prepaid, return receipt requested, or sent by facsimile or by a reputable overnight courier, addressed as follows: (a) If to Owner, to: City of Fresno Attn: Thomas Esqueda, City Manager 2600 Fresno Street Fresno, CA 93721 Phone: (559) Fax:(559) (b) If to Property Manager, to: Turning Point of Central California, Inc. 615 S. Atwood Street Visalia, CA 93277 Attention: Raymond R. Banks, Chief Executive Officer Phone: (559) 732-8086 Fax: (844) 364-4599 Or to such other address as either party may designate in a notice to the other party. Notices shall be deemed given, delivered, and received on the actual date of their personal delivery; three (3) business days after deposit in the United States mail with first- class postage prepaid; one (1) business day after deposit with or pickup by a professional overnight delivery service if the sender receives delivery confirmation from the service; or upon the date of transmission of a telecopied or electronically sent written communication if the sender obtains machine-generated or other written confirmation of completed DocuSign Envelope ID: FEBCAA1D-E235-4CD8-ADD7-0C05C68F42DE Page 10 of 22 transmission. 8.2 Successors and Assigns. Property Manager may not assign or delegate its rights or duties under this Agreement without Owner’s prior written consent. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of Owner and Property Manager and their respective legal representatives, successors, and permitted assigns. 8.3 Licenses. At its own expense, Property Manager shall qualify to do business and obtain and maintain such licenses as may be required for the performance by Property Manager of its services under this Agreement. 8.4 Attorneys’ Fees. In the event that any action or proceeding is brought to construe or enforce any provision of this Agreement, the party prevailing in such action or proceeding shall be entitled to recover from the other party all of the prevailing party’s costs and expenses incurred therein (including reasonable attorneys’ fees and court costs), as well as all such costs, expenses, and fees incurred in any appeal and in any enforcement effort. 8.5 Waiver. No consent or waiver, express or implied, by either Owner or Property Manager to or of any breach or default by the other party in the performance by the other of its obligations hereunder shall be valid unless in writing, and no such consent or waiver shall be deemed or construed to be a consent or waiver to or of any breach or default in the performance by the other party of the same or any other obligations of that party under this Agreement. 8.6 Entire Agreement. This Agreement (including Exhibits attached hereto, if any) constitutes the entire Agreement between Owner and Property Manager with respect to the subject matter hereof. 8.7 Interpretation. The captions contained in this Agreement are for convenience of reference only and shall not affect the meaning of any provision of this Agreement. Where the context requires, the singular shall include the plural and vice versa. 8.8 Amendments. No modification or amendment of this Agreement shall be effective unless contained in a writing signed by both parties. 8.9 Governing Law . This Agreement shall be governed by and construed in accordance with the internal laws (and not the law of conflicts) of the State of California. Venue for the resolution of any Claims shall be in Fresno County Superior Court or the Eastern District in California, as the case may be. 8.10 Time of Essence. Time is of the essence of this Agreement. 8.11 Severability. The invalidity or unenforceability of any one or more provisions of this DocuSign Envelope ID: FEBCAA1D-E235-4CD8-ADD7-0C05C68F42DE Page 11 of 22 Agreement shall not affect the validity or enforceability of the remainder of this Agreement, or any part thereof. 8.12 Relationship Between Parties. In performing its obligations hereunder, Property Manager shall be an independent contractor and not an employee or agent of Owner, except that Property Manager shall be the agent of Owner solely to perform Property Manager’s obligations as set forth in this Agreement. Property Manager shall perform such obligations as a fiduciary with a duty of loyalty and a duty of care to Owner. The Parties do not intend and nothing contained herein shall be deemed to create a partnership, co- tenancy, or joint venture of any kind. 8.13 No Third Party Beneficiary. The provisions of this Agreement shall not be construed for the benefit of any third party, except as otherwise specifically provided herein. 8.14 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but both of which taken together shall constitute one and the same instrument. [SIGNATURE PAGE FOLLOWS] DocuSign Envelope ID: FEBCAA1D-E235-4CD8-ADD7-0C05C68F42DE Page 12 of 22 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed effective as of the Effective Date. IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno, California, on the day and year first above written. OWNER: CITY OF FRESNO, A California municipal corporation By: Thomas Esqueda City Manager APPROVED AS TO FORM: DOUGLAS T. SLOAN City Attorney By: Brandon M. Collet Date Senior Deputy City Attorney ATTEST: BRIANA PARRA, CMC Interim City Clerk By: Date Deputy PROPERTY MANAGER: TURNING POINT OF CENTRAL CALIFORNIA, INC., a California non-profit public benefit corporation By: Name: Title: (If corporation or LLC., Board Chair, Pres. or Vice Pres.) By: Name: Title: (If corporation or LLC., CFO, Treasurer, Secretary or Assistant Secretary) DocuSign Envelope ID: FEBCAA1D-E235-4CD8-ADD7-0C05C68F42DE CEO Ray Banks CFO Bruce Tyler 7/7/2021 7/7/2021 Page 13 of 22 EXHIBIT A The Property DocuSign Envelope ID: FEBCAA1D-E235-4CD8-ADD7-0C05C68F42DE Page 14 of 22 EXHIBIT B Scope of Services Property Manager will perform the following services under the terms and conditions set forth in this Property Management Agreement: Coordination of Services Property Manager will provide low-barrier access to emergency shelter coupled with intensive housing-focused services to set households on the path to attaining permanent housing. Services shall be offered in coordination with other complementary services as part of the path from homelessness to permanent housing stability. Priority placement in The Valley Inn shall be given to homeless individuals referred by the City of Fresno. Target Population Adults in the City of Fresno currently experiencing homelessness, or are at risk of experiencing homelessness, regardless of sexual orientation, marital status, or gender identification. Data Collection The program will be a Coordinated Entry System (CES) Assessment Site, creating an opportunity for each person accessing shelter services to be entered into CES through the administration of the Vulnerability Index-Service Prioritization Decision Assistance Tool (VI-SPDAT). Low-Barrier Housing The program will be low barrier with 24-hour access and no requirements regarding income, sobriety, or compliance with mental health treatment. Shelter services will be provided regardless of sexual orientation, marital status, or gender identification. Every effort will be made to ensure no one is turned away unless all beds are full, or the guest is exhibiting behaviors that will endanger themselves or others. Facility Requirements Turning Point shall serve as the Property Manager for The Valley Inn which is a 107-room motel that has been converted to a low-barrier emergency homeless shelter. The Valley Inn has one-bed and two-bed rooms, allowing Turning Point to accommodate households with varying service and privacy needs. The Property Description for The Valley Inn is provided in Exhibit A. The City has recently completed renovations to convert the motel for low-barrier emergency homeless shelter services, and buildings comply with all shelter and housing habitability standards as identified in 24 CFR 576.403. A “Good Neighbor” policy to be utilized securing and maintaining the perimeter of the facility, DocuSign Envelope ID: FEBCAA1D-E235-4CD8-ADD7-0C05C68F42DE Page 15 of 22 keeping clear of any nuisances and code violations. Program Services and Design Property Manager will utilize a housing-first approach to emergency shelter or rapid rehousing as appropriate and providing services to guests. Pets will be allowed per the pet policy in Exhibit D. All guests will receive the program safety guidelines upon entry, and staff member will meet with each guest to review the guidelines and answer any questions. All reasonable efforts will be made to ensure the safety and security of other guests and staff when admitting guests that are intoxicated or exhibiting symptoms of serious mental illness. Turning Point staff are trained to serve people using substances and/or with mental illness using harm reduction strategies. People exhibiting behaviors that pose a danger to themselves or others may not be admitted. Housing via either emergency shelter or rapid rehousing as appropriate will be provided regardless of sexual orientation, marital status, or gender identification. The program will be low barrier with (a) no requirements related to income, sobriety, or compliance with mental health treatment, and (b) minimal rules in place, with the majority of the rules pertaining to safety and security of guests. Guests will be registered and offered access to on-site services. As appropriate, staff will prescreen guests for potential Diversion services and if deemed eligible, refer immediately to a Diversion program staff. Turning Point will be staffed 24 hours a day, 7 days a week. Turning Point will provide the following services: 1. Emergency Shelter/Rapid Rehousing: Turning Point will operate emergency shelter beds for adults and/or families with children experiencing homelessness or are at risk of falling into homelessness in the City of Fresno. Basic shelter services provided with included meals in some circumstances and as appropriate. 2. Case Management: Turning Point will provide intensive case management services that focus on helping participants develop a housing plan and overcome barriers to attaining permanent housing. Participants that have been connected to a permanent housing intervention will be referred to a Bridge Housing program to prepare to enter permanent housing. 3. Housing Search and Placement: Turning Point will provide services and activities necessary to assist program participants in locating, obtaining, and retaining safe permanent housing. This will include partnering with other agencies offering navigation services. DocuSign Envelope ID: FEBCAA1D-E235-4CD8-ADD7-0C05C68F42DE Page 16 of 22 4. Diversion Pre-Screening: Turning Point will assess all people who present for homeless services at Turning Point for potential Diversion services. 5. Stabilizing Health Intervention: Turning Point will provide services for stabilization of client health issues, including substance use and mental health disorders. Staffing All staff will be trained in Mental Health First Aid, as well as Pro -Act, so that they are equipped to maintain safety of staff and program guests when working with and admitting persons who are intoxicated or exhibiting symptoms of serious mental illness, while maintaining the safety and dignity of intoxicated or symptomatic guests. Additionally, staff will be trained in harm reduction strategies, NARCAN (Naloxone) administration to aid in the event a participant is suffering from an opioid overdose, and the procedure for connecting participants to the needle exchange service in the City of Fresno. Referral and Assessment – Emergency Shelter Homeless individuals or families will be referred to The Valley Inn by the City of Fresno Division of Homeless and Housing. In the event the number of referrals exceeds the number of available beds, every effort will be made to transport those that cannot be accommodated to another City of Fresno funded triage center or emergency shelter in the community. Anyone who cannot be accommodated will be encouraged to follow up the following day so that it can be determined if Turning Point or another community program can provide shelter. Turning Point will assess each referral for eligibility upon arrival. The following criteria will be used to determine eligibility for client entry: 1. All guests must meet the definition of homelessness as per State or Federal definitions. 2. All guests will receive a pre-screening for diversion services to determine if diversion is a more appropriate intervention. Anyone deemed eligible for diversion services will be immediately referred to the funded Diversion Services provider. 3. Anyone exhibiting behavior that threatens the safety of themselves or others will not be admitted. If someone is in need of an ambulance or assessment for medical or mental health emergency intervention, Turning Point staff will call emergency services on their behalf. 4. Upon determination of program eligibility, all guests will be registered and will sign a participation agreement that outlines the program policies and their agreement to the services provided by Turning Point. DocuSign Envelope ID: FEBCAA1D-E235-4CD8-ADD7-0C05C68F42DE Page 17 of 22 Referral and Assessment – Rapid Rehousing Referrals for rapid rehousing will come from the Coordinated Entry System (CES). While CES will perform pre-screening for eligibility, Turning Point will confirm each referral for eligibility upon entry. The following criteria will be used to determine eligibility for client entry: 1. Anyone exhibiting behavior that threatens the safety of themselves or others will not be admitted. If someone requires an ambulance or assessment for medical or mental health emergency intervention, Turning Point staff will call emergency services on their behalf. 2. Upon determination of program eligibility, all guests will be registered and will sign a participation agreement that outlines the program policies and their agreement to the services provided by Turning Point. Performance Measurements Turning Point will meet the following measurable goals, annually: 1. Bed utilization will be a minimum of 85% as measured by the HMIS on the last Wednesday of the month, quarterly, beginning in July 2021. 2. In partnership with the City of Fresno, and other private and public organizations, Turning Point will deliver the following safe exists from The Valley Inn: a. 35% Turning Point guests will achieve exits into permanent housing within the first year. b. 30% of Turning Point guests will transition directly to permanent housing. c. 40% of Turning Point guests will transition to Bridge Housing. d. 60% of Turning Point guests will attain a safe exit from the program within 90 days. Turning Point will internally evaluate program outcomes quarterly. Performance measures will be evaluated by the Regional Director and any necessary changes will be implemented to ensure program measures are being met. Upon discharge, guests will be given a voluntary survey to complete to evaluate the services received at Turning Point. The program will consider all feedback and enhance the program based on guest feedback. It is the goal of the program to incorporate guest feedback into the operations to create a program that adults experiencing homelessness will feel comfortable and eager to access. DocuSign Envelope ID: FEBCAA1D-E235-4CD8-ADD7-0C05C68F42DE Page 18 of 22 Documentation and Recordkeeping Turning Point records client information in HMIS for all its housing and bridge housing programs. During guest intake, consent is obtained to enter their information in HMIS. The Case Manager will make sure all data is entered into HMIS within three days of entry to the program. The Case Manager is also responsible for documenting all case notes in the guest’s file. The case notes will contain information on goal completion, progress toward goals, successes, and information regarding any incidents at the program. Every guest that leaves with staff knowledge prior to departure will meet with a Case Manager to participate in an exit interview where destination will be documented, any change in income, and an exit survey will be offered. Collaborative Effort Turning Point participates in several coalitions, consortiums and community groups concerned with ending homelessness. This program will be administered in collaboration with the FMCoC’s CES as well as other agencies. Turning Point is committed to collaborating with all agencies in the community who work on ending homelessness. Fiscal Administration Turning Point assures that it possesses the capacity in staffing to provide the proposed services. Turning Point will work with the City of Fresno as it relates to program and financial monitoring and evaluation. DocuSign Envelope ID: FEBCAA1D-E235-4CD8-ADD7-0C05C68F42DE Page 19 of 22 EXHIBIT “C” Budget The compensation for Property Management Services for The Valley Inn shall be on a lump sum basis. The lump sum compensation shall be inclusive of direct and indirect costs required to provide property management and case -manage services for The Valley Inn. The total lump sum compensation shall be $1,589,741, paid in twelve (12) equal installments (~$132,478 per month) during the term of the Agreement. However, the initial payment shall be for two months, and be payable by July 15, 2021. Payments for the remaining months shall begin on September 1st and last for the duration of the agreement. Property Manager will submit an invoice to the Owner by the 20th of the preceding month. See Section 2.4 and 2.10 for more information. Costs shall not exceed the amounts in the contract. DocuSign Envelope ID: FEBCAA1D-E235-4CD8-ADD7-0C05C68F42DE Page 20 of 22 EXHIBIT “D” Resident Selection Plan and Pet Policy Resident Selection Plan It is the policy of the City of Fresno to promote equal opportunity in compliance with, but not limited to, all federal, state and local nondiscrimination laws and with the rules and regulations governing Fair Housing and Equal Opportunity in housing and employment. The City of Fresno will own and operate The Valley Inn in accordance with federal, state and local fair housing and civil rights laws. The City of Fresno shall not discriminate with respect to sex (gender), sexual orientation, gender identity, gender expression, race, color, ancestry, religion, creed, national origin (including language use restriction), pregnancy, physical disability (including HIV and AIDS), mental disability medical condition (cancer/genetic characteristics) age (over 40), genetic information, marital status, military and veteran status, and denial of medical and family care leave of pregnancy disability leave. Pet Policy By executing this Agreement, Sponsor acknowledges that the Pet Friendly Housing Act of 2017 (Health & Saf. Code, § 50466) requires each housing development, if it is financed on or after January 1, 2018, pursuant to Division 31 of the Health and Safety Code, to authorize a resident of the housing development to own or otherwise maintain one or more common household pets within the resident’s dwelling unit, subject to applicable state laws and local governmental ordinances related to public health, animal control, and animal anticruelty. DocuSign Envelope ID: FEBCAA1D-E235-4CD8-ADD7-0C05C68F42DE 1 FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT (Amendment) made and entered into as of ____________, amends the Agreement entered into between the City of Fresno, a municipal corporation (City), and Turning Point of Central California, Inc., a California non- profit public benefit corporation (Property Manager). RECITALS WHEREAS, the City and the Property Manager entered into an Agreement, dated June 24, 2021, for property management and case management services at the Valley Inn located at 933 North Parkway Drive, Fresno, CA 93728, (Agreement); and WHEREAS, the City and the Property Manager desire to extend the term of the Agreement to June 24, 2023, for one-year as provided in the Agreement; and WHEREAS, the City and the Property Manager desire to modify the Agreement’s insurance requirements as provided in Exhibit E. AGREEMENT NOW, THEREFORE, the parties agree that the Agreement be amended as follows: 1.The term of the Agreement shall be extended to June 24, 2023. 2. Add Exhibit E to the Agreement, as attached hereto. 3.In the event of any conflict between the body of this Amendment and any exhibit or attachment hereto, the terms and conditions of the body of this Amendment shall control and take precedence over the terms and conditions expressed within the exhibit or attachment. Furthermore, any terms or conditions contained within any exhibit or attachment hereto which purport to modify the allocation of risk between the parties, provided for within the body of this Amendment, shall be null and void. 4.Except as otherwise provided herein, the Agreement entered into by City and Contractor, dated June 24, 2021, remains in full force and effect. [Signatures follow on the next page.] DocuSign Envelope ID: 81DAA7BD-9D4A-4510-9646-5F4A9DF56AA9 June 9, 2022 2 IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno, California, on the day and year first above written. CITY OF FRESNO, A California municipal corporation By: Georgeanne A. White Date City Manager APPROVED AS TO FORM: DOUGLAS T. SLOAN City Attorney By: Brandon M. Collet Date Senior Deputy City Attorney ATTEST: TODD STERMER, CMC City Clerk By: Date Deputy TURNING POINT OF CENTRAL CALIFORNIA, A California non-profit public benefit corporation By: Name: Title: (If corporation or LLC., Board Chair, Pres. or Vice Pres.) By: Name: Title: (If corporation or LLC., CFO, Treasurer, Secretary or Assistant Secretary) Addresses: City: City of Fresno Attention: Courtney Espinoza Address: 2600 Fresno Street Fresno, CA 93721 Telephone No. 559.621.7774 FAX: 559.457.1541 E-mail: Courtney.espinoza@fresno.gov Property Manager: Turning Point of Central California Attention: Jody Ketcheside Address: P.O. Box 1748 Fresno, CA 93717-1748 Phone: 559.285.1163 FAX: 844.587.6413 E-mail: jketcheside@tpocc.org Attachment Exhibit E DocuSign Envelope ID: A9F120C5-58CC-49C2-8384-AF5906AB2000 CFO William Goodall CEO Ray Banks 5/26/2022 DocuSign Envelope ID: 81DAA7BD-9D4A-4510-9646-5F4A9DF56AA9 9/2/2022 9/6/2022 3 of 7 EXHIBIT E INSURANCE REQUIREMENTS Service Agreement between City of Fresno (City) And Turning Point of Central California (Property Manager) Name of the Project MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: 1. The most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01, providing liability coverage arising out of your business operations. The Commercial General Liability policy shall be written on an occurrence form and shall provide coverage for “bodily injury,” “property damage” and “personal and advertising injury” with coverage for premises and operations (including the use of owned and non- owned equipment), products and completed operations, and contractual liability (including, without limitation, indemnity obligations under the Agreement) with limits of liability not less than those set forth under “Minimum Limits of Insurance.” 2. The most current version of ISO *Commercial Auto Coverage Form CA 00 01, providing liability coverage arising out of the ownership, maintenance or use of automobiles in the course of your business operations. The Automobile Policy shall be written on an occurrence form and shall provide coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1- Any Auto). If personal automobile coverage is used, the City, its officers, officials, employees, agents and volunteers are to be listed as additional insureds. 3. Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. 4. Professional Liability including both (Abuse & Molestation) & (Medical Malpractice) Insurances that insures against liability arising out of the bodily injury, personal injury, including mental anguish, and third-party property damage occurring because of the wrongful or negligent acts attributable to the institution. The Abuse & Molestation coverage should protect against a wide range of potential claims, including but not limited to athletics, alcohol, assault, verbal and/or physical abuse, campus crime, sexual molestation and other sexual misconducts. The Medical Malpractice coverage should protect against any claims of medical negligence. MINIMUM LIMITS OF INSURANCE The Property Manager, or any party the Property Manager 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 DocuSign Envelope ID: A9F120C5-58CC-49C2-8384-AF5906AB2000DocuSign Envelope ID: 81DAA7BD-9D4A-4510-9646-5F4A9DF56AA9 4 of 7 insureds, shall be the greater of the minimum limits specified herein or the full limit of any insurance proceeds available to the named insured: 1. COMMERCIAL GENERAL LIABILITY: (i) $2,000,000 per occurrence for bodily injury and property damage; (ii) $2,000,000 per occurrence for personal and advertising injury; (iii) $4,000,000 aggregate for products and completed operations; and, (iv) $4,000,000 general aggregate applying separately to the work performed under the Agreement. 2. COMMERCIAL AUTOMOBILE LIABILITY: $1,000,000 per accident for bodily injury and property damage. 3. WORKERS’ COMPENSATION INSURANCE as required by the State of California with statutory limits. 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 (Abuse & Molestation and Medical Malpractice): (i) $2,000,000 per claim/occurrence; and, (ii) $4,000,000 policy aggregate. UMBRELLA OR EXCESS INSURANCE In the event the Property Manager 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 Property Manager hall be responsible for payment of any deductibles contained in any insurance policy(ies) required herein and Property Manager 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 Property Manager 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. DocuSign Envelope ID: A9F120C5-58CC-49C2-8384-AF5906AB2000DocuSign Envelope ID: 81DAA7BD-9D4A-4510-9646-5F4A9DF56AA9 5 of 7 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. Property Manager shall establish additional insured status for the City and for all ongoing and completed operations by use of ISO Form CG 20 10 11 85 or both CG 20 10 10 01 and CG 20 37 10 01 or by an executed manuscript insurance company endorsement providing additional insured status as broad as that contained in ISO Form CG 20 10 11 85. 2. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees, agents and volunteers. Any available insurance proceeds in excess of the specified minimum limits and coverage shall be available to the Additional Insured. 3. For any claims relating to this Agreement, Property Manager’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 Property Manager’s insurance and shall not contribute with it. Property Manager 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. 4. 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. The Workers’ Compensation insurance policy is to contain, or be endorsed to contain, the following provision: Property Manager and its insurer shall waive any right of subrogation against the City, its officers, officials, employees, agents, and volunteers. If the Professional Liability (Abuse & Molestation, Medical Malpractice) 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 Property Manager. 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 Property Manager, Property DocuSign Envelope ID: A9F120C5-58CC-49C2-8384-AF5906AB2000DocuSign Envelope ID: 81DAA7BD-9D4A-4510-9646-5F4A9DF56AA9 6 of 7 Manager 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 (30) calendar days written notice by certified mail, return receipt requested, has been given to the City. Property Manager 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, Property Manager shall furnish the City with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for the City, Property Manager 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 Property Manager shall not be deemed to release or diminish the liability of Property Manager, 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 Property Manager. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Property Manager, its principals, officers, agents, employees, persons under the supervision of Property Manager, 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, 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 the 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 Property Manager shall furnish the City with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the City’s Risk Manager or designee prior to the City’s execution of the Agreement and before work commences. All non-ISO endorsements amending policy coverage shall be executed by a licensed and authorized DocuSign Envelope ID: A9F120C5-58CC-49C2-8384-AF5906AB2000DocuSign Envelope ID: 81DAA7BD-9D4A-4510-9646-5F4A9DF56AA9 7 of 7 agent or broker. Upon request of the City, the Property Manager shall immediately furnish City with a complete copy of any insurance policy required under this Agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement. DocuSign Envelope ID: A9F120C5-58CC-49C2-8384-AF5906AB2000DocuSign Envelope ID: 81DAA7BD-9D4A-4510-9646-5F4A9DF56AA9 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-357 Agenda Date:6/15/2023 Agenda #:1.-P. REPORT TO THE CITY COUNCIL FROM:BROCK D. BUCHE, PE, PLS, Director Department of Public Utilities BY:ERIC M. ROCHA, Water System Supervisor Department of Public Utilities - Water Division SUBJECT Award service agreement to Partner’s in Control, Inc., dba Enterprise Automation, in the amount of $1,045,914.00 for the Groundwater System Citect Supervisory Control and Data Acquisition, Wonderware Historian, Dream Reports Upgrade and Configuration Integration (Bid File No. 3872) (Citywide). RECOMMENDATION Staff recommends that City Council award a service agreement to Partner’s in Control, Inc., dba Enterprise Automation, in the amount of $1,045,914.00 for the Groundwater System Citect Supervisory Control and Data Acquisition (SCADA), Wonderware Historian, Dream Reports Upgrade and Configuration Integration; and authorize the Director of Public Utilities, or designee, to sign the agreement on behalf of the City of Fresno (City). EXECUTIVE SUMMARY The Department of Public Utilities’ (DPU) Water Division is currently in the process of upgrading the SCADA system for its groundwater system. The current SCADA system has been in use for nearly 15 years. The system is now running obsolete versions of SCADA software and the associated reporting systems that generate California State Water Resources Control Board monthly and annual reports. The updated SCADA system will improve data accuracy, enhance security to protect the system from cyber-attacks, improve diagnostics and remote troubleshooting capabilities, and provide better monitoring and control of water wells to optimize performance. BACKGROUND The Water Division operates a groundwater production system that consists of approximately two hundred sixty (260) active pumping water wells, two (2) tank sites, and over forty (40) emergency backup power generators, which utilize telemetry equipment that communicates and relays information on the Water Division’s current Citect SCADA system. The current SCADA system was implemented fifteen (15) years ago and is running obsolete versions of Citect SCADA, Vijeo Historian, PageMate Automated Messenger for alarm paging and a custom PHP (Hypertext City of Fresno Printed on 6/20/2023Page 1 of 2 powered by Legistar™ 06/15/2023 NE/MA 7-0 APPROVED ON CONSENT File #:ID 23-357 Agenda Date:6/15/2023 Agenda #:1.-P. Historian,PageMate Automated Messenger for alarm paging and a custom PHP (Hypertext Preprocessor, programming language). The proposed upgraded SCADA system will improve efficiency of the groundwater system,resulting in cost savings for both the ratepayers and the Water Division.The SCADA upgrade will include modernizing the Historian reporting system,Top View alarm paging and reporting software,and implement a redundant cloud Historian reporting platform with AVEVA Insight.The upgrade will enhance the reliability of the system and reporting software,reducing the frequency and duration of service disruptions,and increase the safety of the system with state of art monitoring software for cyber-attacks and network security through improved monitoring and control capabilities. The SCADA upgrade solution will be integrated into the existing system and compatible with the current equipment.Training will be provided to ensure that all employees are proficient in the use of the new system. In accordance with Fresno Municipal Code Chapter 4,Article 1,and Administrative Order 6-19,Water Division conducted a competitive process for selecting a SCADA System Integrator to implement a SCADA Groundwater Upgrade.On July 29,2022,a Notice Inviting Bids for the Water Division Groundwater SCADA Upgrade Bid File No.3872 was posted to nine (9)Planet Bid Categories and multiple bidding exchanges.On August 23,2022,one (1)proposal was opened and Enterprise Automation was the sole responsive bidder who met the qualifications. Staff recommends that City Council award a service agreement to Partners in Control,Inc.,dba Enterprise Automation in the amount of $1,045,914.00,as the sole responsive bidder who met the qualifications. The City Attorney’s Office has reviewed and approved the agreement as to form. ENVIRONMENTAL FINDINGS Pursuant to California Environmental Quality Act (CEQA)Guidelines Section 15378,the award of this contract is not a project for the purposes of CEQA. LOCAL PREFERENCE Local preference was not implemented because there was a sole responsive bidder who met the qualifications. FISCAL IMPACT There is no fiscal impact to the General Fund.The Project is a Citywide Project.Funding for this Project is included in the Fiscal Year 2023 capital improvement budget with the Water Division’s Enterprise Fund 40101. Attachments: Attachment 1 - Listing of Proposers and Fiscal Impact Statement Attachment 2 - Standard Contract City of Fresno Printed on 6/20/2023Page 2 of 2 powered by Legistar™ LISTING OF PROPOSERS Page 1 FOR: DPU/ WATER DIV. Groundwater System Citect SCADA/Wonderware Historian/Dream Reports Upgrade and Configuration Integration PROPOSERS AMOUNT (In alphabetical order) 1 . Enterprise Automation 210 Goddard Irvine, 92618 CA TOTAL RFP No.3872 RFP Opening : 08/23/22 PROPOSAL $1,045,914.00 Each proposer has agreed to allow the City one hundred twenty (120) days from date proposals were opened to accept or reject their proposal. BACKGROUND OF PROJECT: The City of Fresno's Groundwater System consists of 300+ groundwater deep well pump sites with approximately 260 of those wells being active. EA implemented the original SCADA platform nearly 12 years ago, which is still in use, but now running obsolete versions of Citect SCADA, Vijeo Historian, PageMate Automated Messenger for alarm paging and a custom PHP reporting system. The City of Fresno Water Division wishes to upgrade the City's Ground Water SCADA platform, including modernizing the SCADA, Historian, alarm paging and reporting software; and implementing a redundant cloud Historian with AVEVA Insight. RFP Evaluation Form Rev. 07-2022 DocuSign Envelope ID: 24AAF8EC-4ED6-47F4-95B1-D6F4A5574216 LISTING OF PROPOSERS Page2 FOR: DPU/ WATER DIV. Groundwater System Citect SCADA/Wonderware Historian/Dream Reports Upgrade and Configuration Integration RFP No.3872 RFP Opening: 08/23/22 DEPARTMENT CONCLUSIONS AND RECOMMENDATION : w Award a contract in the amount of$ ....;..1.i...;:0;...;4....;;:;.5.._9'--'1--'4 ...... 0;;..;:0;.._ ________ _ to Enterprise Automation in accordance with the Selection Committee recommendation . LJ Reject all proposals. Reason: Remarks: Department Head Approval Brock D. Buche, PE, PLS Title Director of Public Utilities Date December 01, 2022 W Approve Dept. Recommendation LJ Disapprove LJ See Attachment GENERAL SERVICES DEPARTMENT Purchasing Manager Date General Services Director Date RFP Evaluation Form LJ Approve GSD/Purchasing Recommendation LJ Disapprove CITY MANAGER City Manager or Designee Date Rev. 07-2022 Anticipated Council Date: March 30th, 2023 DocuSign Envelope ID: 24AAF8EC-4ED6-47F4-95B1-D6F4A5574216 2/16/2023 2/17/2023 X 2/23/2023 FISCAL IMPACT STATEMENT PROGRAM: DPU/ WATER DIV. Groundwater System Citect SCADA/ Wonderware Historian/ Dream Reports Upgrade and Integration RECOMMENDATION Direct Cost Indirect Cost TOTAL COST Additional Revenue or Savings Generated Net City Cost Amount Budgeted (If none budgeted, identify source) Evaluation Form TOTAL OR CURRENT $1,045,914 .00 $1 ,045,914 .00 $1,045 914 .00 $1 045 .9 14.00 ANNUALIZED COST Rev. 02-2021 DocuSign Envelope ID: 24AAF8EC-4ED6-47F4-95B1-D6F4A5574216 SAMPLE SERVICE CONTRACT THIS 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", “Federal Conditions”, “Functional Specifications” and “Technical Requirements” for the following: [Title] (Request for Proposals No. [Number]) 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]), 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.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. 4.INDEMNIFICATION. To the furthest extent allowed by law, including California Civil Code section 2782 (if applicable), Contractor shall indemnify and hold harmless City and each of its officers, officials, and employees, from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including, but not limited to personal injury, death at any time and property damage) incurred by City, Contractor or any other person, and from any and all claims, demands and actions in law or equity (including reasonable attorney's fees and litigation expenses), to the extent caused by 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 and hold harmless City and each of its officers, officials, and employees in accordance with the terms of the preceding paragraph. This section shall survive termination or expiration of this Contract. [Signatures follow on the next page.] IN WITNESS WHEREOF, the parties have executed this Contract on the day and year here below written, of which the date of execution by City shall be subsequent to that of Contractor's, and this Contract shall be binding and effective upon execution by both parties. CITY OF FRESNO, A California municipal corporation By: [Name], [Title/Dept.] APPROVED AS TO FORM: ANDREW JANZ City Attorney By: [Name] Date Senior Deputy City Attorney ATTEST: TODD STERMER City Clerk By: Date Deputy [CONTRACTOR], [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] Telephone: (559) [#] E-Mail: [E-Mail address] CONTRACTOR: [Contractor Name] Attention: [Name] [Title] [Street Address] [City, State Zip] Telephone: [area code and #] E-Mail: [E-Mail address] III - GENERAL CONDITIONS III. GENERAL CONDITIONS 1.DEFINITIONS: Wherever used in the Specifications, including the Instructions to Proposers, the proposal, or any of the Contract Documents, the following words shall have the meaning herein given, unless the context requires a different meaning. (a)"City" and "City of Fresno" shall each mean the City of Fresno, CA, unless otherwise indicated. (b)"City Manager" shall mean the City Manager of the City of Fresno. (c)"Contract" and "Contract Documents" shall each mean and refer to these Specifications, including the Instructions to Proposers, the proposal and any addenda thereto, the Contract and all City of Fresno specifications, and other papers and documents incorporated by reference into or otherwise referred to in any of the foregoing documents, whether or not attached thereto. (d)"Contractor" shall mean each person or entity awarded a Contract hereunder and named or to be named in the Contract with the City of Fresno to furnish the goods or services, or both, to be furnished under the Contract. (e)"Council" and "City Council" shall each mean the Council of the City of Fresno. (f)"Proposer" shall mean each person or entity submitting a proposal, whether or not such person or entity shall become a Contractor by virtue of award of a Contract by the City. (g)"Purchasing Manager" shall mean the Purchasing Manager of the City of Fresno. (h)"Specifications" shall mean the Contract Documents. 2.DELIVERY OF SERVICES: If Contractor is delayed providing services by (i) any acts or omissions of City or its employees, or others acting under authority of City by contract or otherwise, (ii) acts of God which Contractor could not reasonably have foreseen and provided for, (iii) illegal strikes, boycotts or like illegal obstructive action by employee or labor organizations, or (iv) any illegal general lockouts or other defensive action by employers, whether general or by organizations of employers; Contractor shall have no claim for damages against City for any such cause of delay, but shall be entitled to an extension of time as will reasonably compensate Contractor for actual loss of time occasioned thereby. Contractor may apply to the City Manager for such extension. However, no such extension of time shall be granted unless Contractor shall have notified the Purchasing Manager, in writing, within one week after the commencement or occurrence of the condition or event which is expected to cause a delay in delivery, of such condition or event and the actual or estimated number of days of delay anticipated on account thereof. The decision of the City Manager as to the number of additional days, if any, to be allowed for completion of delivery on account of such condition or event, will be given in writing to Contractor. 3.TERMINATION FOR CONVENIENCE: The City reserves the right to terminate this Contract for any reason, upon sixty (60) days written notice to the Contractor. In the event of such termination, the Contractor shall be paid for satisfactory service performed to the date of termination. 4.TERMINATION FOR CAUSE: a.If the Contractor shall fail to complete delivery, within the time or times specified herein, of all or any part of the materials, equipment, supplies or services to be provided under the Contract, the City Manager of the City of Fresno or designee, acting for and on behalf of the City, may at any time after the expiration of the time for cure, terminate the Contract as to the whole thereof, or in the event partial delivery has been made and accepted, as to such of the items or service to be furnished which have not been delivered or accepted prior to such termination. b.The City may terminate this Contract if the Contractor materially breaches any of its obligations under this Contract and fails to commence and diligently pursue reasonable efforts to cure such breach within fifteen (15) days after written notice by the City specifically describing the breach. c.Such termination shall be effective upon receipt by Contractor of written notice of termination from said City Manager or designee, which notice shall be deemed to have been received by Contractor, if mailed by certified mail, within forty-eight hours to Contractor's address as contained in the proposal to the City or, if personally delivered, upon the delivery thereof to Contractor, the authorized representative of Contractor, or to the Contractor's said address. d.The Contractor may terminate services on the Project upon fifteen (15) days written notice without cause or in the event of substantial failure by the City to fulfill its obligations of the terms hereunder. Contractor shall submit an invoice for services performed up to the effective date of termination and the City shall pay Contractor all outstanding invoices, together with all costs arising out of such termination, within fourteen (14) days. The City may withhold an amount for services that may be in dispute provided that the City furnishes a written notice of the basis for their dispute and the amount withheld represents a reasonable value. 5.CONTRACT DOCUMENTS: Upon award of the Contract, the Contractor shall execute and submit all required documents to the Purchasing Manager, 2600 Fresno Street, Fresno, California 93721, in a form acceptable to the City of Fresno within fifteen (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 proposal deposit and initiate a City departmental recommendation for City to award the Contract to another Proposer. 6.PERFORMANCE BOND: Throughout the life of this Contract, the Contractor shall pay for and maintain in full force and effect a "Faithful Performance Bond" from a corporate surety, admitted by the California Insurance Commissioner to do business in the State of California, in the amount of $5,000.00. If applicable, this bond is to be renewed annually. 7.INSURANCE REQUIREMENTS. (a)Throughout the life of this Agreement, Contractor 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. 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.” 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). Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. Technology Liability (Errors and Omissions) insurance appropriate to CONTRACTOR’S profession. Coverage shall be sufficiently broad to respond to duties and obligations as is undertaken by Contractor in this agreement and shall include but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines penalties and credit monitoring expenses with limits sufficient to respond to these obligations. (b)If at any time during the life of the Agreement or any extension, Contractor 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 Contractor 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 Contractor 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 Contractor shall not be deemed to release or diminish the liability of Contractor, 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 Contractor. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Contractor, vendors, suppliers, invitees, contractors, sub-contractors, subcontractors, or anyone employed directly or indirectly by any of them. Coverage shall be at least as broad as: MINIMUM LIMITS OF INSURANCE Contractor, or any party the Contractor subcontracts with, shall maintain limits of liability of not less than those set forth below. COMMERCIAL GENERAL LIABILITY: (i)$2,000,000 per occurrence for bodily injury and property damage; (ii)$2,000,000 per occurrence for personal and advertising injury; (iii)$4,000,000 aggregate for products and completed operations; and, (iv)$4,000,000 general aggregate applying separately to the work performed under the Agreement. COMMERCIAL AUTOMOBILE LIABILITY: $2,000,000 per accident for bodily injury and property damage. WORKERS’ COMPENSATION INSURANCE as required by the State of California with statutory limits. 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. TECHNOLOGY PROFESSIONAL LIABILITY insurance with limits of not less than: (i)$2,000,000 per claim/occurrence; and, (ii)$4,000,000 policy aggregate UMBRELLA OR EXCESS INSURANCE In the event Contractor 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 Contractor shall be responsible for payment of any deductibles contained in any insurance policy(ies) required herein and Contractor 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: The insurer shall reduce or eliminate such deductibles or self-insured retentions as respects CITY, its officers, officials, employees, agents, and volunteers; or Contractor 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: City, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds. Contractor shall establish additional insured status for the City and for all ongoing and completed operations by use of ISO Form CG 20 10 11 85 or both CG 20 10 10 01 and CG 20 37 10 01 or by an executed manuscript insurance company endorsement providing additional insured status as broad as that contained in ISO Form CG 20 10 11 85. For any claims relating to this Agreement, Contractor’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 Contractor’s insurance and shall not contribute with it. Contractor 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: CONTRACTOR and its insurer shall waive any right of subrogation against CITY, its officers, officials, employees, agents, and volunteers. If the Technology Liability insurance policy is written on a claims-made form: The retroactive date must be shown, and must be before the effective date of the Agreement or the commencement of work by CONTRACTOR. 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. 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 CONTRACTOR, CONTRACTOR 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. A copy of the claims reporting requirements must be submitted to CITY for review. 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. Contractor 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, Contractor 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, Contractor 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 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. The fact that insurance is obtained by Contractor shall not be deemed to release or diminish the liability of Contractor, 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 Contractor. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Contractor, its principals, officers, agents, employees, persons under the supervision of Contractor, vendors, suppliers, invitees, consultants, subcontractors, or anyone employed directly or indirectly by any of them. SUBCONTRACTORS If Contractor subcontracts any or all of the services to be performed under this Agreement, Contractor 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, Contractor shall require and verify that subcontractors maintain insurance meeting all the requirements stated herein and Contractor shall ensure that City, its officers, officials, employees, agents, and volunteers are additional insureds. The subcontractors' certificates and endorsements shall be on file with Contractor, and City, prior to commencement of any work by the subcontractor. VERIFICATION OF COVERAGE Contractor 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, Contractor 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. 8.INDEMNIFICATION: To the furthest extent allowed by law, including California Civil Code section 2782 (if applicable), Contractor shall indemnify and hold harmless City and each of its officers, officials, and employees from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage) 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), to the extent caused by the Contractor’s negligent acts, errors, or omissions in its performance of this Contract. Contractor's obligations under the preceding sentence shall apply to the extent of any loss, liability, fines, penalties, forfeitures, costs or damages caused by the negligence, or the willful misconduct, of City or any of its officers, officials, employees, agents, or volunteers. If Contractor should subcontract all or any portion of the work to be performed under this Contract, Contractor shall require each subcontractor to indemnify, a n d hold harmless City and each of its officers, officials, and employees in accordance with the terms of the preceding paragraph. This section shall survive termination or expiration of this Contract. 9.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 project; (2) Supplemental Agreements, Change Orders, or Contract the one dated later having precedence over another dated earlier; (3) Special Conditions; (4) General Conditions; (5) Scope of Work. Whenever any conflict appears in any portion of the Contract, it shall be resolved by application of the order precedence. 10.FEDERAL IMMIGRATION REFORM AND CONTROL ACT OF 1986: As a material part of anycontract for a City of Fresno project, every Contractor who has employees who will work on a City of Fresno project, is required to comply with all of the provisions of the Federal Immigration Reform and Control Act of 1986 (P.L. 99-603, 100 Stat. 3359). This requirement includes compliance with all of the employee documentation provisions. Furthermore, the Contractor will make any employee documentation required to comply with the Act immediately available to the City upon its request for each individual employee working on a City of Fresno project. 11. WORKMANSHIP GUARANTY: The workmanship of the services to be performed for the City by the Contractor will be in accord with the Specifications, and where not specified, in accord with generally accepted standards. 12. ALTERATION OF TERMS: No alterations or variations of the terms of this Contract shall be valid unless made in writing and signed by both parties. 13. CONTRACT CHANGES: No changes or modifications to the Contract shall be made unless agreed to and signed by both parties. No prior, current or post award verbal agreement or agreements with any officer, agent or employee of the City shall affect or modify any terms or obligations of these Specifications or any Contract resulting from this procurement. 14.AMENDMENTS: The City of Fresno reserves the right to add, modify, or delete items from the Contract including Special Conditions or Scope of Work. Any changes shall be made only by means of a formal amendment signed by both the City and Contractor. 15. 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. Because of its status as an independent contractor, Contractor and its officers, agents and employees shall have absolutely no right to employment rights and benefits available to City employees. Contractor 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, Contractor shall be solely responsible, indemnify, defend and save City harmless from all matters relating to employment and tax withholding for and payment of Contractor’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, Contractor may be providing services to others unrelated to City or to this Agreement. 18.GOVERNING LAW ANDVVENUE: 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 thereunder shall be Fresno County, California. 19.COMPLIANCE WITH LAW: In providing the services required under the Contract, Contractor shall at all times comply with all applicable laws of the United States, the State of California and the City of Fresno, 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 the Contract. 20.SEVERABILITY: The provisions of the Contract are severable. The invalidity, or unenforceability of any one provision in the Contract shall not affect the other provisions. 21.INTERPRETATION: The Contractor acknowledges that the Contract in its final form is the result of the combined efforts of the parties and that, should any provision of the Contract be found to be ambiguous in any way, such ambiguity shall not be resolved by construing the Contract in favor or against any party, but rather by construing the terms in accordance with their generally accepted meaning. 22.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. 16. TERMINATION BY CITY FOR NON-APPROPRIATION: In the event of non-appropriation relating to the Contract, City shall have the right to terminate the Contract at the end of any fiscal year of City, in the manner and subject to the terms specified in this paragraph. City shall endeavor to give written notice of such termination not less than sixty (60) days prior to the end of such fiscal year, and shall notify Contractor of any anticipated termination. For purposes of this paragraph, "fiscal year" shall mean the twelve-month fiscal period of City which commences on July 1 in every year and ends on the following June 30. For purposes of this paragraph, "non-appropriation" shall mean the failure of the City or City's governing body to appropriate money for any fiscal year of City sufficient for the continued performance of the Contract by City. 17. INDEPENDENT CONTRACTOR: In the furnishing of the services provided for herein, the Contractor is acting as an independent contractor. Neither the Contractor, nor any of its officers, associates, agents or employees shall be deemed an employee, joint venturer, partner, or agent of the City for any purpose. However, the City shall retain the right to verify that the Contractor is performing its respective obligations in accordance with the terms of the Contract. 23. EXHIBITS: Each exhibit and attachment referenced in the Contract is, by the reference, incorporated into and made a part of the Contract. 24. MAINTENANCE OF RECORDS: Records of Contractor pertaining to the services hereunder 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 the Contract and for a period of three years after final payment and for the period of time required by law. In addition, all books, documents, papers, and records of Contractor pertaining to the Contract shall be available for the purpose of making audits, examinations, excerpts, and transcriptions for the same period of time. This section shall survive expiration or termination of the Contract. 25. RECYCLING: 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: (a) After award, 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 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 the Solid Waste Management Division at (559) 621-1452 and schedule a free waste audit, and cooperate with such Division in their conduct of the audit for each office and facility. (c) Cooperate with and demonstrate to the satisfaction of City's Solid Waste Management Division the establishment of the recycling program in paragraph (i) above and the ongoing maintenance thereof. 26. NOTICES: 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 Proposal in the case of the Contractor and at the address in the Special Conditions for mailing of invoices in the case of 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. 27. BINDING: Subject to Section 15 of these General Conditions, once this Contract is signed by all parties, it shall be binding upon, and shall inure to the benefit of, all parties, and each parties' respective heirs, successors, assigns, transferees, agents, servants, employees and representatives. 28. 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. 29. 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. 30. 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. 31. EXTENT OF AGREEMENT: 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. This Contract may be modified only by written instrument duly authorized and executed by both City and Contractor. 32. 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. City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-924 Agenda Date:6/15/2023 Agenda #: 1.-Q. 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 ROBERT A. DIAZ, Supervising Engineering Technician Department of Public Utilities - Utilities Planning & Engineering SUBJECT ***RESOLUTION - Adopting the 33rd Amendment to the Annual Appropriation Resolution (AAR) No. 2022-154 appropriating $988,000 for Permanent Asphalt Concrete Pavement Repairs (Requires 5 Affirmative Votes) (Subject to Mayor’s Veto). RECOMMENDATION Staff recommends that City Council adopt the 33rd Amendment to the Annual Appropriation Resolution (AAR) No. 2022-154 appropriating $988,000 for Permanent Asphalt Concrete Pavement Repairs. EXECUTIVE SUMMARY Approval of the 33 rd Amendment will appropriate $988,000 for Permanent Asphalt Concrete Pavement Repairs. A contract was awarded to Dawson-Mauldin LLC., in 2019, to repair street pavement at locations where water main and service repairs required sections of street paving be removed. Due to a higher than anticipated number of water main and service repairs, additional funds are needed to carry the contract through to its expiration in November of this year. BACKGROUND The Water Division removes existing street paving to gain access to the water system for repairs and maintenance. These pavement removals require a permanent pavement replacement. Due to the ongoing nature of extensive water service and water main repairs, the Water Division put out to bid a requirements contract for permanent pavement repairs. In 2019, City Council awarded a one-year requirements contract with provisions for up to three one-year extensions to Dawson-Mauldin LLC., for the Permanent Asphalt Concrete Pavement Repairs (Project). This contract permitted the Water Division to issue work orders for street repair on an as-needed basis. The Project contract is set to expire on November 1, 2023. Dawson-Mauldin LLC., requested and was awarded a labor and City of Fresno Printed on 6/20/2023Page 1 of 2 powered by Legistar™ 06/15/2023 NE/MA 7-0 R. 2023-178 APPROVED ON CONSENT File #:ID 23-924 Agenda Date:6/15/2023 Agenda #: 1.-Q. expire on November 1,2023.Dawson-Mauldin LLC.,requested and was awarded a labor and material increase on September 20, 2022. The City has experienced numerous unexpected water main failures and water service repairs that have exceeded the work originally forecasted.Dawson-Mauldin LLC.,has performed all repair work per contract requirements and the Water Division seeks to fulfill the remaining contract year with Dawson-Mauldin LLC. Adoption of the 33rd Amendment to the AAR No.2022-154 is requested to provide the additional appropriations required to fully fund this contract. 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” for the purpose of CEQA. LOCAL PREFERENCE Local preference was not implemented as this is an appropriation of funds. FISCAL IMPACT There will be no impact to the General Fund.The total contract cost of $988,000 will be appropriated into the Water Enterprise Fund upon adoption of the 33rd Amendment to the AAR No.2022-154.The source of this funding is retained earnings. Attachment: 33rd Amendment to the Annual Appropriation Resolution No. 2022-154 City of Fresno Printed on 6/20/2023Page 2 of 2 powered by Legistar™ Date Adopted: 1 of 2 Date Approved: Effective Date: Resolution No. RESOLUTION NO. ___________ A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO ADOPTING THE 33rd AMENDMENT TO THE ANNUAL APPROPRIATION RESOLUTION NO. 2022-154 TO APPROPRIATE $988,000 FOR PERMANENT ASPHALT CONCRETE PAVEMENT REPAIRS BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FRESNO: THAT PART III of the Annual Appropriation Resolution No. 2022-154 be and is hereby amended as follows: Increase/(Decrease) TO: PUBLIC UTILITIES DEPARTMENT Water Enterprise $ 988,000 THAT account titles and numbers requiring adjustment by this Resolution are as follows: Water Enterprise Revenues: Account String: 4000-4001-4110-761-430101-41-0-0000-0000- $ 988,000 Total Revenues $ 988,000 Appropriations: Account String: 4000-4001-4110-761-654302-41-0-0000-0000- $ 988,000 Project String: 411000004 -Repairs - - Total Appropriations $ 988,000 THAT the purpose is to appropriate $988,000 for Permanent Asphalt Concrete Pavement Repairs. 2 of 2 CLERK’S CERTIFICATION 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, California, at a regular meeting thereof, held on the Day of , 2023 AYES: NOES: ABSENT: ABSTAIN: Mayor Approval: , 2023 Mayor Approval/No Return: , 2023 Mayor Veto: , 2023 Council Override Veto: , 2023 TODD STERMER, CMC City Clerk BY: ____________________________ Deputy City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-925 Agenda Date:6/15/2023 Agenda #: 1.-R. 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 SOHEIL MORTEZAEIFAR, Engineer Department of Public Utilities - Utilities Planning & Engineering SUBJECT Approve a consultant services agreement with Michael K. Nunley and Associates Inc., to provide engineering design and construction support services for a manganese treatment system at Pump Station 347 for an amount not to exceed $136,500. (Bid File 10097) (Council District 7) RECOMMENDATION Staff recommends that City Council approve a consultant services agreement with Michael K. Nunley and Associates Inc., (MKN) in the amount not to exceed $136,500, inclusive of a $12,000 contingency, to provide design, bidding, and construction support services for site improvements associated with a manganese treatment system at Pump Station 347 (Project); and authorize the Director of Public Utilities, or designee, to sign the agreement on behalf of the City of Fresno (City). EXECUTIVE SUMMARY The concentrations of manganese in the raw water from Pump Station 347 (PS 347) exceed the secondary Maximum Contaminant Level (sMCL) for drinking water. As a result, it is necessary to design a treatment system to ensure the well water is compliant with water quality standards and remains in service. The Department of Public Utilities (DPU), Water Division is seeking to award a consultant services agreement (Agreement) for the Project to provide design and construction support services for site improvement associated with a manganese treatment system at PS 347, for an amount not to exceed $136,500, inclusive of a $12,000 contingency. BACKGROUND PS 347, located at 2220 N. Armstrong Avenue, was constructed in October 2006 to serve the nearby residential, commercial, and industrial developments. The well, however, has not been regularly operated since November 2016 because manganese concentration began to exceed the sMCL for drinking water of 50 μg/L. While the manganese concentrations are not a risk to public health, the City of Fresno Printed on 6/20/2023Page 1 of 3 powered by Legistar™ 06/15/2023 NE/MA 7-0 APPROVED ON CONSENT File #:ID 23-925 Agenda Date:6/15/2023 Agenda #: 1.-R. drinking water of 50 μg/L.While the manganese concentrations are not a risk to public health,the exceedance of a sMCL indicates that the water may impart an undesirable taste.As such,the Water Division removed the well from service. It is critical to bring PS 347 back into service to support the local pressure zone,provide drinking water to nearby neighborhoods,and to support fire suppression facilities.This Project will deliver the design documents necessary for bidding and construction of a manganese treatment system to ensure that the water from PS 347 meets the necessary water quality standards.The Project was advertised to the DPU Shortlist for Well Site Improvement and Wellhead Treatment Design (Shortlist). The Shortlist was established by first soliciting Statements of Qualifications (SOQ)from qualified engineering consulting firms then selecting the most qualified firms for placement on the Shortlist.On January 28,2022,a Request for Qualifications (RFQ)was published in the Business Journal and posted on the City’s Planet Bids website.Seven (7)SOQs were received by the deadline of February 25,2022,from which four (4)firms were selected for placement on the Shortlist by a selection committee consisting of DPU representatives.Subsequently,an RFQ for this Project was advertised to the four (4)selected firms on the Shortlist on April 11,2023.Three (3)SOQs were received by the deadline of May 4,2022,which provided detailed information regarding each firm’s specific approach to this Project,their relevant experience,and a detailed fee proposal.Upon review of the qualifications and analysis of the proposed fees,MKN was selected as the consultant providing the best value for this Project based on the totality of the evaluation. The services rendered under this Agreement will be completed for an amount not to exceed $136,500,inclusive of a $12,000 contingency,paid on a time and materials basis.The funding for this Project is included in the Fiscal Year 2023 capital improvement budget within the Water Division Enterprise Fund. A standardized Agreement has been used in accordance with Administrative Order 4-4,which has been approved as to form by the City Attorney’s Office,and the Certificate of Insurance has 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 By the definition provided in the California Environmental Quality Act (CEQA)Guidelines Section 15378,the award of this Agreement for the design services does not qualify as a “Project”for the purposes of CEQA. LOCAL PREFERENCE Local preference pursuant to the Fresno Municipal Code Section 4-109(b)was implemented as MKN is a local firm. FISCAL IMPACT There is no impact to the General Fund.Funding for this Project is included in the Fiscal Year 2023 capital improvement budget within the Water Division Enterprise Fund.The Project is located in Council District 7. City of Fresno Printed on 6/20/2023Page 2 of 3 powered by Legistar™ File #:ID 23-925 Agenda Date:6/15/2023 Agenda #: 1.-R. Attachment: Consultant Services Agreement City of Fresno Printed on 6/20/2023Page 3 of 3 powered by Legistar™ DPU-S Eng. CSA, Short Form T&M – Contingency (02-2023) -1- AGREEMENT CITY OF FRESNO, CALIFORNIA CONSULTANT SERVICES This Agreement is made and entered into effective ________________________, by and between the CITY OF FRESNO, a California municipal corporation (City), and Michael K. Nunley and Associates Inc., a California Corporation (Consultant). RECITALS WHEREAS, the City desires to obtain professional engineering services for Manganese Treatment System at Pump Station 347 (Project); and WHEREAS, the Consultant is engaged in the business of furnishing services as a engineering firm and hereby represents that it desires to and is professionally and legally capable of performing the services called for by this Agreement; and WHEREAS, the Consultant acknowledges that this Agreement is subject to the requirements of Fresno Municipal Code Section 4-107 and Administrative Order No. 6- 19; and WHEREAS, this Agreement will be administered for the City by its Director of Public Utilities (Director) or designee. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and of the covenants, conditions, and promises hereinafter contained to be kept and performed by the respective parties, it is mutually agreed as follows: 1. Scope of Services. The Consultant shall perform to the satisfaction of the City the services described in Exhibit A, including all work incidental to, or necessary to perform, such services even though not specifically described in Exhibit A. 2. Term of Agreement and Time for Performance. This Agreement shall be effective from the date first set forth above and shall continue in full force and effect through the earlier of complete rendition of the services hereunder or December 31, 2025, 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. 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 Twenty Four Thousand Five Hundred Dollars ($124,500), 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 Twelve Thousand Dollars ($12,000) for any additional work rendered pursuant to Subsection (c) below and authorized in writing by the Director. (b) Detailed statements shall be rendered monthly and will be payable in the normal course of City business. The City shall not be obligated to reimburse any DocuSign Envelope ID: 13F1444C-6F4C-450F-8F83-7479DDA676A2 DPU-S Eng. CSA, Short Form T&M – Contingency (02-2023) -2- 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 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 DocuSign Envelope ID: 13F1444C-6F4C-450F-8F83-7479DDA676A2 DPU-S Eng. CSA, Short Form T&M – Contingency (02-2023) -3- 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 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 DocuSign Envelope ID: 13F1444C-6F4C-450F-8F83-7479DDA676A2 DPU-S Eng. CSA, Short Form T&M – Contingency (02-2023) -4- 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 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, DocuSign Envelope ID: 13F1444C-6F4C-450F-8F83-7479DDA676A2 DPU-S Eng. CSA, Short Form T&M – Contingency (02-2023) -5- 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 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 DocuSign Envelope ID: 13F1444C-6F4C-450F-8F83-7479DDA676A2 DPU-S Eng. CSA, Short Form T&M – Contingency (02-2023) -6- 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 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 DocuSign Envelope ID: 13F1444C-6F4C-450F-8F83-7479DDA676A2 DPU-S Eng. CSA, Short Form T&M – Contingency (02-2023) -7- 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 employees placed by or on behalf of the Consultant in pursuit hereof, state that all qualified applicants will receive consideration for employment without regard to race, religious creed, color, national origin, ancestry, physical disability, mental disability, DocuSign Envelope ID: 13F1444C-6F4C-450F-8F83-7479DDA676A2 DPU-S Eng. CSA, Short Form T&M – Contingency (02-2023) -8- 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 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 DocuSign Envelope ID: 13F1444C-6F4C-450F-8F83-7479DDA676A2 DPU-S Eng. CSA, Short Form T&M – Contingency (02-2023) -9- 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. 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 DocuSign Envelope ID: 13F1444C-6F4C-450F-8F83-7479DDA676A2 DPU-S Eng. CSA, Short Form T&M – Contingency (02-2023) -10- 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: 13F1444C-6F4C-450F-8F83-7479DDA676A2 DPU-S Eng. CSA, Short Form T&M – Contingency (02-2023) -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 Department 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 (02-2023) has been used without modification, as certified by the undersigned. By: Soheil Mortezaeifar Engineer Department of Public Utilities REVIEWED BY: Jesus A. Gonzalez, PE, Assistant Director Department of Public Utilities Addresses: CITY: City of Fresno Attention: Soheil Mortezaeifar, Engineer 1626 E. Street Fresno, CA 93706 Phone: (559) 621-1604 Facsimile (559) 498-4126 E-mail: Soheil.mortezaeifar@fresno.gov Michael K. Nunley and Associates Inc., a California Corporation By: Name: Title: (If corporation or LLC., Board Chair, Pres. or Vice Pres.) By: Name: Title: (If corporation or LLC., CFO, Treasurer, Secretary or Assistant Secretary) Any Applicable Professional License: Number: Name: Date of Issuance: CONSULTANT: Michael K. Nunley and Associates Inc. Attention: Henry Liang, PE, Project Manager 8405 N. Fresno Street, Ste. 120 Fresno, CA 93720 Phone: (559) 500-4750 X 1102 Facsimile” E-mail Hliang@mknassociates.us DocuSign Envelope ID: 13F1444C-6F4C-450F-8F83-7479DDA676A2 5/26/2023 1/26/2001 Michael K. Nunley 5/26/2023 CEO/President Civil Engineering C61801 5/30/2023 DPU-S Eng. CSA, Short Form T&M – Contingency (02-2023) -12- Attachments: 1. Exhibit A - Scope of Services 2. Exhibit B - Insurance Requirements 3. Exhibit C - Conflict of Interest Disclosure Form DocuSign Envelope ID: 13F1444C-6F4C-450F-8F83-7479DDA676A2 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 Michael K. Nunley and Associates Inc. (MKN) (Consultant) Manganese Treatment System at Pump Station 347 TASK GROUP 1 - Schematic Design Task 1.1 | Project Kickoff, Project Management and Quality Assurance/Quality Control - MKN will conduct a kickoff meeting with City Staff and conduct meetings as needed throughout the project. - MKN’s Project Manager will manage the project team and prepare monthly progress reports. Task 1.2 | Basis of Design Report (BODR) - MKN will prepare a BODR that will state the design criteria and project constraints, present preliminary facility sizing and layout information, and include budgetary costs. - MKN will submit a draft report, meet with the City, and incorporate comments into the Final Basis of Design Report. Task 1.3 | Topographic and Boundary Survey - MKN’s subconsultant, Yamabe and Horn Engineering, Inc., will provide a topographic and boundary survey. Task 1.4 | Geotechnical Investigation - MKN’s subconsultant, Salem Engineering Group, Inc., will perform geotechnical investigation to obtain foundation and retaining wall design criteria for the treatment equipment. Salem Engineering Group, Inc. will summarize its investigation and recommendations in a report. Task 1.5 | Entitlements - MKN will provide entitlement permitting services associated with obtaining a Conditional Use Permit (CUP) for the project improvements at the treatment/well site. TASK GROUP 2 - Design Development Task 2.1 | 60% PS&E - MKN will prepare construction plans, technical specifications, and an engineer’s cost opinion for the construction (PS&E) of the improvements. The PS&E will include demolition plans and specifications; civil site improvement and grading plans; driveway approach and sidewalk; treatment equipment foundations (by MKN’s subconsultant, Zeltmacher); manganese dioxide vessel skids sampling and chemical piping improvements, backwash piping, process piping, instrumentation, and valves; site electrical for the ATEC treatment system only and recessed lighting (by MKN’s subconsultant, EPS); plant control, monitoring, telemetry, and alarm systems. Task 2.2 | 90% Plans, Specifications, and Cost Estimate. DocuSign Envelope ID: 13F1444C-6F4C-450F-8F83-7479DDA676A2 DPU-S Eng. CSA, Short Form T&M – Contingency (01-2023) Page 2 of 3 - MKN will incorporate City 60% review comments and develop the 60% plans, specifications, and estimates to the 90% design level. MKN’s subconsultant, Design Lab 252, will also prepare landscape plans for planting and irrigation along the site frontage and perimeter of the interior of the site. The 90% Plans will also be used for building department submittals. TASK GROUP 3 - Construction Document Phase Task 3.1 | Final Plans, Specifications, and Cost Estimate - MKN and its subconsultants mentioned in Task Group 2 will develop the final PS&E for bidding. The Final PS&E will include the City’s construction contract documents/general conditions using the City’s standard front-ends, bid schedule, and special conditions. TASK GROUP 4 - Bidding Support Services Task 4.1 | Bid Phase Support - MKN will provide original signed and stamped plans in electronic format to the City for use in preparing bid sets, attend a prebid meeting, review and respond to bidder questions. - MKN will review the bids and assist the City in identifying the apparent low bidder, if required. TASK GROUP 5 - Construction Support Services Task 5.1 | Engineering Support Services - MKN will attend the preconstruction meeting, review shop drawings and submittals, respond to RFIs, and make up to four site visits. Task 5.2 | Startup and Testing Support - MKN will serve as the start-up and commissioning liaison coordinating with the DDW and Contractor to develop and implement start-up, commissioning, operations plans. DocuSign Envelope ID: 13F1444C-6F4C-450F-8F83-7479DDA676A2 DPU-S Eng. CSA, Short Form T&M – Contingency (01-2023) Page 3 of 3 SCHEDULE OF FEES ENGINEERS AND TECHNICAL SUPPORT STAFF Engineering Technician $90/HR Administrative Assistant $100/HR CAD Technician I $118/HR CAD Design Technician II $140/HR Senior Designer $155/HR Assistant Engineer I $125/HR Assistant Engineer II $145/HR GIS Specialist $150/HR Planner $170/HR Senior Planner $190/HR Project Engineer I/ Senior Scientist $170/HR Project Engineer II $180/HR Senior Project Engineer I $195/HR Senior Project Engineer II $200/HR Project Manager $205/HR Principal Engineer $230/HR Project Director $255/HR CONSTRUCTION MANAGEMENT SERVICES Construction Inspector $165/HR Assistant Resident Engineer $169/HR Resident Engineer $184/HR Construction Inspector $197/HR Construction Manager $201/HR Principal Construction Manager $236/HR Routine office expenses such as computer usage, software licenses and fees, telephone charges, office equipment and supplies, incidental postage, copying, and faxes are included as a 3% fee on labor cost. DIRECT PROJECT EXPENSES Outside Reproduction Cost + 10% Subcontracted or Subconsultant Services Cost + 10% Travel & Subsistence (other than mileage) Cost Auto Mileage Current IRS Rate - $.62.5/mi. DocuSign Envelope ID: 13F1444C-6F4C-450F-8F83-7479DDA676A2 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 Michael K. Nunley and Associates Inc. (MKN) (Consultant) Manganese Treatment System at Pump Station 347 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: 13F1444C-6F4C-450F-8F83-7479DDA676A2 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: 13F1444C-6F4C-450F-8F83-7479DDA676A2 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: 13F1444C-6F4C-450F-8F83-7479DDA676A2 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: 13F1444C-6F4C-450F-8F83-7479DDA676A2 EXHIBIT C DISCLOSURE OF CONFLICT OF INTEREST Manganese Treatment System at Pump Station 347 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: 13F1444C-6F4C-450F-8F83-7479DDA676A2 Michael K. Nunley & Associates, Inc. X Arroyo Grande, CA 93420 5/26/2023 N/A X X X X X Michael K. Nunley PO Box 1604 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-425 Agenda Date:6/15/2023 Agenda #: 1.-S. REPORT TO THE CITY COUNCIL FROM:BROCK D. BUCHE, PE, PLS, Director Department of Public Utilities BY:ERIC M. ROCHA, Water System Supervisor Department of Public Utilities - Water Division SUBJECT Award service contract to Partners in Control, Inc., dba Enterprise Automation for Department of Public Utilities, Water Division On-Call Supervisory Control and Data Acquisition System Integration Professional Services and Support, in the amount of $149,919.00 (Bid File No. 3873) (Citywide) RECOMMENDATION Staff recommends City Council award a service contract to Enterprise Automation for the Department of Public Utilities (DPU), Water Division On-Call Supervisory Control and Data Acquisition (SCADA) System Integration Professional Services and Support for the City of Fresno, California, in the amount of $149,919.00; 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 DPU Water Division manages 260 active pumping water wells, three (3) surface water treatment facilities, multiple water storage tank sites, and over 40 emergency backup power generators. DPU’s water production and treatment systems utilize SCADA to monitor and control various processes to produce and treat both ground and surface water. To ensure that the systems operate efficiently and effectively, DPU is proposing on-call SCADA system integration professional services and support for the City of Fresno (City). BACKGROUND Water for the City of Fresno comes from two (2) primary sources, groundwater and surface water. Additionally the City runs an aggressive recharge program to supplement the natural replenishment of the aquifer. Groundwater is distributed through pipelines to individual customer services. There are approximately 260 active water wells in the City with each having a Remote Terminal Unit (RTU) that communicates using SCADA to talk to the main station at Water Division Head Quarters. The City currently has three (3) facilities that treat surface water: the Northeast Surface Water Treatment Facility (NESWTF), the Southeast Surface Water Treatment Facility (SESWTF), and the Tank 3 (T-3) City of Fresno Printed on 6/20/2023Page 1 of 2 powered by Legistar™ 06/15/2023 NE/MA 7-0 APPROVED ON CONSENT File #:ID 23-425 Agenda Date:6/15/2023 Agenda #: 1.-S. Facility (NESWTF),the Southeast Surface Water Treatment Facility (SESWTF),and the Tank 3 (T-3) water storage and surface water treatment facility.Each surface water facility along with the groundwater system operate using the SCADA system,reporting system,and alarm messaging system.The SCADA system requires around the clock support for various programming issues pertaining to system optimization,Programmable Logic Controller (PLC)programming,Top View Alarm support and reporting systems. In accordance with Fresno Municipal Code Chapter 4,Article 1,and Administrative Order 6-19,Water Division conducted a competitive process for selecting a SCADA System Integrator to provide On- Call SCADA System Integration Professional Services and Support.On July 29,2022,a Notice Inviting Bids for the Water Division’s On-Call SCADA Support Bid File No.3873 was posted to nine (9)Planet Bid Categories and multiple bidding exchanges.On August 23,2022,one (1)proposal was opened and Enterprise Automation was the sole responsive bidder who met the qualifications. Staff recommends that City Council award a service contract to Enterprise Automation in the amount of $149,919.00,as the sole responsive bidder who met the qualifications.The City Attorney has reviewed and approved to form. ENVIRONMENTAL FINDINGS Pursuant to California Environmental Quality Act (CEQA)Guidelines Section 15378,the award of this contract is not a project for purposes of CEQA. LOCAL PREFERENCE Local preference is not applicable because there is a sole responsive proposer who met the qualifications. FISCAL IMPACT There is no fiscal impact to the General Fund.The Project is a Citywide Project.Funding for this Project is included in the Fiscal Year 2023 capital improvement budget with the Water Division’s Enterprise Fund 40101. Attachments: Attachment 1 - Listing of Proposers and Fiscal Impact Statement Attachment 2 - Sample Service Agreement City of Fresno Printed on 6/20/2023Page 2 of 2 powered by Legistar™ LISTING OF PROPOSERS Page 1 FOR: DPU/ WATER DIV. On-Call SCADA System Integration Professional Services and Support RFP No.3873 PROPOSERS (In alphabetical order) 1.Enterprise Automation 210 Goddard Irvine, CA 92618 RFP Opening: 08/23/22 TOTAL PROPOSAL AMOUNT $149,919.00 Each proposer has agreed to allow the City one hundred twenty (120) days from date proposals were opened to accept or reject their proposal. BACKGROUND OF PROJECT: Water for the City of Fresno comes from two (2) primary sources, groundwater and surface water. Additionally the City runs an aggressive recharge program to supplement the natural replenishment of the aquifer. Groundwater is distributed through pipelines to individual customer services. There are approximately 260 active wells scattered throughout the City of Fresno with each well having a Remote Terminal Unit (RTU} that communicates using SCADA to talk to the main station at the Water Division Head Quarters. The City of Fresno currently has three (3) facilities that treat surface water 1. The NESWTF, 2. The SESWTF and 3. Tank 3 Package Plant. Each surface water facility along with the groundwater system run using the SCADA system and that system requires around the clock support for various programming issues pertaining to system optimization, PLC programming, top view alarm support and reporting systems. RFP Evaluation Form Rev. 07-2022 DocuSign Envelope ID: FCC7E69B-ADD1-47F1-B178-C852DDCBD8F3 Anticipated Council Date: March 30th, 2023 DocuSign Envelope ID: FCC7E69B-ADD1-47F1-B178-C852DDCBD8F3 2/16/2023 2/17/2023 2/17/2023 X DocuSign Envelope ID: FCC7E69B-ADD1-47F1-B178-C852DDCBD8F3 SAMPLE SERVICE CONTRACT THIS 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", “Federal Conditions”, “Functional Specifications” and “Technical Requirements” for the following: [Title] (Request for Proposals No. [Number]) 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]), 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.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. 4.INDEMNIFICATION. To the furthest extent allowed by law, including California Civil Code section 2782 (if applicable), Contractor shall indemnify and hold harmless City and each of its officers, officials, and employees, from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including, but not limited to personal injury, death at any time and property damage) incurred by City, Contractor or any other person, and from any and all claims, demands and actions in law or equity (including reasonable attorney's fees and litigation expenses), to the extent caused by 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 and hold harmless City and each of its officers, officials, and employees in accordance with the terms of the preceding paragraph. This section shall survive termination or expiration of this Contract. [Signatures follow on the next page.] IN WITNESS WHEREOF, the parties have executed this Contract on the day and year here below written, of which the date of execution by City shall be subsequent to that of Contractor's, and this Contract shall be binding and effective upon execution by both parties. CITY OF FRESNO, A California municipal corporation By: [Name], [Title/Dept.] APPROVED AS TO FORM: ANDREW JANZ City Attorney By: [Name] Date Senior Deputy City Attorney ATTEST: TODD STERMER City Clerk By: Date Deputy [CONTRACTOR], [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] Telephone: (559) [#] E-Mail: [E-Mail address] CONTRACTOR: [Contractor Name] Attention: [Name] [Title] [Street Address] [City, State Zip] Telephone: [area code and #] E-Mail: [E-Mail address] III - GENERAL CONDITIONS III. GENERAL CONDITIONS 1.DEFINITIONS: Wherever used in the Specifications, including the Instructions to Proposers, the proposal, or any of the Contract Documents, the following words shall have the meaning herein given, unless the context requires a different meaning. (a)"City" and "City of Fresno" shall each mean the City of Fresno, CA, unless otherwise indicated. (b)"City Manager" shall mean the City Manager of the City of Fresno. (c)"Contract" and "Contract Documents" shall each mean and refer to these Specifications, including the Instructions to Proposers, the proposal and any addenda thereto, the Contract and all City of Fresno specifications, and other papers and documents incorporated by reference into or otherwise referred to in any of the foregoing documents, whether or not attached thereto. (d)"Contractor" shall mean each person or entity awarded a Contract hereunder and named or to be named in the Contract with the City of Fresno to furnish the goods or services, or both, to be furnished under the Contract. (e)"Council" and "City Council" shall each mean the Council of the City of Fresno. (f)"Proposer" shall mean each person or entity submitting a proposal, whether or not such person or entity shall become a Contractor by virtue of award of a Contract by the City. (g)"Purchasing Manager" shall mean the Purchasing Manager of the City of Fresno. (h)"Specifications" shall mean the Contract Documents. 2.DELIVERY OF SERVICES: If Contractor is delayed providing services by (i) any acts or omissions of City or its employees, or others acting under authority of City by contract or otherwise, (ii) acts of God which Contractor could not reasonably have foreseen and provided for, (iii) illegal strikes, boycotts or like illegal obstructive action by employee or labor organizations, or (iv) any illegal general lockouts or other defensive action by employers, whether general or by organizations of employers; Contractor shall have no claim for damages against City for any such cause of delay, but shall be entitled to an extension of time as will reasonably compensate Contractor for actual loss of time occasioned thereby. Contractor may apply to the City Manager for such extension. However, no such extension of time shall be granted unless Contractor shall have notified the Purchasing Manager, in writing, within one week after the commencement or occurrence of the condition or event which is expected to cause a delay in delivery, of such condition or event and the actual or estimated number of days of delay anticipated on account thereof. The decision of the City Manager as to the number of additional days, if any, to be allowed for completion of delivery on account of such condition or event, will be given in writing to Contractor. 3.TERMINATION FOR CONVENIENCE: The City reserves the right to terminate this Contract for any reason, upon sixty (60) days written notice to the Contractor. In the event of such termination, the Contractor shall be paid for satisfactory service performed to the date of termination. 4.TERMINATION FOR CAUSE: a.If the Contractor shall fail to complete delivery, within the time or times specified herein, of all or any part of the materials, equipment, supplies or services to be provided under the Contract, the City Manager of the City of Fresno or designee, acting for and on behalf of the City, may at any time after the expiration of the time for cure, terminate the Contract as to the whole thereof, or in the event partial delivery has been made and accepted, as to such of the items or service to be furnished which have not been delivered or accepted prior to such termination. b.The City may terminate this Contract if the Contractor materially breaches any of its obligations under this Contract and fails to commence and diligently pursue reasonable efforts to cure such breach within fifteen (15) days after written notice by the City specifically describing the breach. c.Such termination shall be effective upon receipt by Contractor of written notice of termination from said City Manager or designee, which notice shall be deemed to have been received by Contractor, if mailed by certified mail, within forty-eight hours to Contractor's address as contained in the proposal to the City or, if personally delivered, upon the delivery thereof to Contractor, the authorized representative of Contractor, or to the Contractor's said address. d.The Contractor may terminate services on the Project upon fifteen (15) days written notice without cause or in the event of substantial failure by the City to fulfill its obligations of the terms hereunder. Contractor shall submit an invoice for services performed up to the effective date of termination and the City shall pay Contractor all outstanding invoices, together with all costs arising out of such termination, within fourteen (14) days. The City may withhold an amount for services that may be in dispute provided that the City furnishes a written notice of the basis for their dispute and the amount withheld represents a reasonable value. 5.CONTRACT DOCUMENTS: Upon award of the Contract, the Contractor shall execute and submit all required documents to the Purchasing Manager, 2600 Fresno Street, Fresno, California 93721, in a form acceptable to the City of Fresno within fifteen (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 proposal deposit and initiate a City departmental recommendation for City to award the Contract to another Proposer. 6.PERFORMANCE BOND: Throughout the life of this Contract, the Contractor shall pay for and maintain in full force and effect a "Faithful Performance Bond" from a corporate surety, admitted by the California Insurance Commissioner to do business in the State of California, in the amount of $5,000.00. If applicable, this bond is to be renewed annually. 7.INSURANCE REQUIREMENTS. (a)Throughout the life of this Agreement, Contractor 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. 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.” 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). Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. Technology Liability (Errors and Omissions) insurance appropriate to CONTRACTOR’S profession. Coverage shall be sufficiently broad to respond to duties and obligations as is undertaken by Contractor in this agreement and shall include but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines penalties and credit monitoring expenses with limits sufficient to respond to these obligations. (b)If at any time during the life of the Agreement or any extension, Contractor 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 Contractor 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 Contractor 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 Contractor shall not be deemed to release or diminish the liability of Contractor, 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 Contractor. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Contractor, vendors, suppliers, invitees, contractors, sub-contractors, subcontractors, or anyone employed directly or indirectly by any of them. Coverage shall be at least as broad as: MINIMUM LIMITS OF INSURANCE Contractor, or any party the Contractor subcontracts with, shall maintain limits of liability of not less than those set forth below. COMMERCIAL GENERAL LIABILITY: (i)$2,000,000 per occurrence for bodily injury and property damage; (ii)$2,000,000 per occurrence for personal and advertising injury; (iii)$4,000,000 aggregate for products and completed operations; and, (iv)$4,000,000 general aggregate applying separately to the work performed under the Agreement. COMMERCIAL AUTOMOBILE LIABILITY: $2,000,000 per accident for bodily injury and property damage. WORKERS’ COMPENSATION INSURANCE as required by the State of California with statutory limits. 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. TECHNOLOGY PROFESSIONAL LIABILITY insurance with limits of not less than: (i)$2,000,000 per claim/occurrence; and, (ii)$4,000,000 policy aggregate UMBRELLA OR EXCESS INSURANCE In the event Contractor 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 Contractor shall be responsible for payment of any deductibles contained in any insurance policy(ies) required herein and Contractor 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: The insurer shall reduce or eliminate such deductibles or self-insured retentions as respects CITY, its officers, officials, employees, agents, and volunteers; or Contractor 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: City, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds. Contractor shall establish additional insured status for the City and for all ongoing and completed operations by use of ISO Form CG 20 10 11 85 or both CG 20 10 10 01 and CG 20 37 10 01 or by an executed manuscript insurance company endorsement providing additional insured status as broad as that contained in ISO Form CG 20 10 11 85. For any claims relating to this Agreement, Contractor’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 Contractor’s insurance and shall not contribute with it. Contractor 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: CONTRACTOR and its insurer shall waive any right of subrogation against CITY, its officers, officials, employees, agents, and volunteers. If the Technology Liability insurance policy is written on a claims-made form: The retroactive date must be shown, and must be before the effective date of the Agreement or the commencement of work by CONTRACTOR. 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. 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 CONTRACTOR, CONTRACTOR 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. A copy of the claims reporting requirements must be submitted to CITY for review. 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. Contractor 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, Contractor 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, Contractor 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 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. The fact that insurance is obtained by Contractor shall not be deemed to release or diminish the liability of Contractor, 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 Contractor. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Contractor, its principals, officers, agents, employees, persons under the supervision of Contractor, vendors, suppliers, invitees, consultants, subcontractors, or anyone employed directly or indirectly by any of them. SUBCONTRACTORS If Contractor subcontracts any or all of the services to be performed under this Agreement, Contractor 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, Contractor shall require and verify that subcontractors maintain insurance meeting all the requirements stated herein and Contractor shall ensure that City, its officers, officials, employees, agents, and volunteers are additional insureds. The subcontractors' certificates and endorsements shall be on file with Contractor, and City, prior to commencement of any work by the subcontractor. VERIFICATION OF COVERAGE Contractor 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, Contractor 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. 8.INDEMNIFICATION: To the furthest extent allowed by law, including California Civil Code section 2782 (if applicable), Contractor shall indemnify and hold harmless City and each of its officers, officials, and employees from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage) 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), to the extent caused by the Contractor’s negligent acts, errors, or omissions in its performance of this Contract. Contractor's obligations under the preceding sentence shall apply to the extent of any loss, liability, fines, penalties, forfeitures, costs or damages caused by the negligence, or the willful misconduct, of City or any of its officers, officials, employees, agents, or volunteers. If Contractor should subcontract all or any portion of the work to be performed under this Contract, Contractor shall require each subcontractor to indemnify, a n d hold harmless City and each of its officers, officials, and employees in accordance with the terms of the preceding paragraph. This section shall survive termination or expiration of this Contract. 9.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 project; (2) Supplemental Agreements, Change Orders, or Contract the one dated later having precedence over another dated earlier; (3) Special Conditions; (4) General Conditions; (5) Scope of Work. Whenever any conflict appears in any portion of the Contract, it shall be resolved by application of the order precedence. 10.FEDERAL IMMIGRATION REFORM AND CONTROL ACT OF 1986: As a material part of anycontract for a City of Fresno project, every Contractor who has employees who will work on a City of Fresno project, is required to comply with all of the provisions of the Federal Immigration Reform and Control Act of 1986 (P.L. 99-603, 100 Stat. 3359). This requirement includes compliance with all of the employee documentation provisions. Furthermore, the Contractor will make any employee documentation required to comply with the Act immediately available to the City upon its request for each individual employee working on a City of Fresno project. 11. WORKMANSHIP GUARANTY: The workmanship of the services to be performed for the City by the Contractor will be in accord with the Specifications, and where not specified, in accord with generally accepted standards. 12. ALTERATION OF TERMS: No alterations or variations of the terms of this Contract shall be valid unless made in writing and signed by both parties. 13. CONTRACT CHANGES: No changes or modifications to the Contract shall be made unless agreed to and signed by both parties. No prior, current or post award verbal agreement or agreements with any officer, agent or employee of the City shall affect or modify any terms or obligations of these Specifications or any Contract resulting from this procurement. 14.AMENDMENTS: The City of Fresno reserves the right to add, modify, or delete items from the Contract including Special Conditions or Scope of Work. Any changes shall be made only by means of a formal amendment signed by both the City and Contractor. 15. 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. Because of its status as an independent contractor, Contractor and its officers, agents and employees shall have absolutely no right to employment rights and benefits available to City employees. Contractor 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, Contractor shall be solely responsible, indemnify, defend and save City harmless from all matters relating to employment and tax withholding for and payment of Contractor’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, Contractor may be providing services to others unrelated to City or to this Agreement. 18.GOVERNING LAW ANDVVENUE: 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 thereunder shall be Fresno County, California. 19.COMPLIANCE WITH LAW: In providing the services required under the Contract, Contractor shall at all times comply with all applicable laws of the United States, the State of California and the City of Fresno, 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 the Contract. 20.SEVERABILITY: The provisions of the Contract are severable. The invalidity, or unenforceability of any one provision in the Contract shall not affect the other provisions. 21.INTERPRETATION: The Contractor acknowledges that the Contract in its final form is the result of the combined efforts of the parties and that, should any provision of the Contract be found to be ambiguous in any way, such ambiguity shall not be resolved by construing the Contract in favor or against any party, but rather by construing the terms in accordance with their generally accepted meaning. 22.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. 16. TERMINATION BY CITY FOR NON-APPROPRIATION: In the event of non-appropriation relating to the Contract, City shall have the right to terminate the Contract at the end of any fiscal year of City, in the manner and subject to the terms specified in this paragraph. City shall endeavor to give written notice of such termination not less than sixty (60) days prior to the end of such fiscal year, and shall notify Contractor of any anticipated termination. For purposes of this paragraph, "fiscal year" shall mean the twelve-month fiscal period of City which commences on July 1 in every year and ends on the following June 30. For purposes of this paragraph, "non-appropriation" shall mean the failure of the City or City's governing body to appropriate money for any fiscal year of City sufficient for the continued performance of the Contract by City. 17. INDEPENDENT CONTRACTOR: In the furnishing of the services provided for herein, the Contractor is acting as an independent contractor. Neither the Contractor, nor any of its officers, associates, agents or employees shall be deemed an employee, joint venturer, partner, or agent of the City for any purpose. However, the City shall retain the right to verify that the Contractor is performing its respective obligations in accordance with the terms of the Contract. 23. EXHIBITS: Each exhibit and attachment referenced in the Contract is, by the reference, incorporated into and made a part of the Contract. 24. MAINTENANCE OF RECORDS: Records of Contractor pertaining to the services hereunder 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 the Contract and for a period of three years after final payment and for the period of time required by law. In addition, all books, documents, papers, and records of Contractor pertaining to the Contract shall be available for the purpose of making audits, examinations, excerpts, and transcriptions for the same period of time. This section shall survive expiration or termination of the Contract. 25. RECYCLING: 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: (a) After award, 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 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 the Solid Waste Management Division at (559) 621-1452 and schedule a free waste audit, and cooperate with such Division in their conduct of the audit for each office and facility. (c) Cooperate with and demonstrate to the satisfaction of City's Solid Waste Management Division the establishment of the recycling program in paragraph (i) above and the ongoing maintenance thereof. 26. NOTICES: 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 Proposal in the case of the Contractor and at the address in the Special Conditions for mailing of invoices in the case of 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. 27. BINDING: Subject to Section 15 of these General Conditions, once this Contract is signed by all parties, it shall be binding upon, and shall inure to the benefit of, all parties, and each parties' respective heirs, successors, assigns, transferees, agents, servants, employees and representatives. 28. 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. 29. 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. 30. 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. 31. EXTENT OF AGREEMENT: 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. This Contract may be modified only by written instrument duly authorized and executed by both City and Contractor. 32. 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. City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-945 Agenda Date:6/22/2023 Agenda #:1.-T. 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. Approve a consultant services agreement with Carollo Engineers, Inc., a Delaware corporation, in the amount not to exceed $176,034, inclusive of a $15,000 contingency, to conduct a feasibility study for the expansion of the North Fresno Wastewater Reclamation Facility. RECOMMENDATION Staff recommends the City Council adopt a finding of Statutory Exemption to CEQA Guidelines Section 15262 and 15061(b)(3); approve a consultant services agreement with Carollo Engineers, Inc., in the amount not to exceed $176,034, 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 the agreement on behalf of the City of Fresno (City). EXECUTIVE SUMMARY The Department of Public Utilities, Wastewater Management Division (WMD) is seeking to award a consultant services agreement to Carollo Engineers, Inc., for the Project. The Project will forecast sewer flows to the facility to best predict when the expansion is required, as well as investigate wastewater treatment technologies alternatives. The Project will make no physical changes to the environment. BACKGROUND The WMD operates and maintains the North Fresno Wastewater Reclamation Facility (Facility). The Facility currently treats an average of 0.34 million gallons per day of wastewater to a recycled water City of Fresno Printed on 6/20/2023Page 1 of 2 powered by Legistar™ 06/15/2023 NE/MA 7-0 APPROVED ON CONSENT File #:ID 23-945 Agenda Date:6/22/2023 Agenda #:1.-T. Facility currently treats an average of 0.34 million gallons per day of wastewater to a recycled water standard which is then distributed to nearby recycled water users for beneficial use. Projected population growth in north Fresno will require future expansion of the Facility for which WMD is looking to hire an engineering consultant firm to assess when expansion will be required. The Project will include performing a hydraulic analysis of the service area and condition assessment of the existing treatment plant to determine its current efficacy and its remaining useful life expectancy.Additionally,the Project will investigate alternative wastewater treatment technologies for consideration of the future 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 Statement of Qualifications package from prospective consultants on April 11,2023.On April 25,2023,the selection committee members met to review and evaluate the qualifications package.Upon review of the qualifications and analysis of the proposed fee,Carollo as the sole respondent was ultimately selected as 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 not implemented,as 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: Consultant Services Agreement City of Fresno Printed on 6/20/2023Page 2 of 2 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 23-921 Agenda Date:6/15/2023 Agenda #: 1.-U. 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 HARMANJIT DHALIWAL, PE, Public Works Manager Public Works Department, Land Planning Section SUBJECT RESOLUTION - Approving the Final Map of Tract No. 6299, and accepting dedicated public uses offered therein except for dedications offered subject to City acceptance of developer installed required improvements - located near the southeast corner of East Belmont Avenue and North Armstrong Avenue (Council District 5) RECOMMENDATION Staff recommends the City Council adopt a resolution approving the Final Map of Tract No. 6299 and accepting the dedicated public uses offered therein, to authorize the Public Works Director or his designee to execute the subdivision agreement on behalf of the City. EXECUTIVE SUMMARY The Subdivider, KB Home South Bay, has filed for approval, the Final Map of Tract No. 6299, for a 218-lot single-family residential subdivision near the southeast corner of East Belmont Avenue and North Armstrong Avenue on 29.13 acres. BACKGROUND The Fresno City Planning Commission on September 16, 2020, approved Vesting Tentative Map No. 6299 (Tentative Map) for a 218-lot single-family residential subdivision on 29.13 acres. The Tentative Map was approved consistent with the Fresno General Plan to comply with the provisions of the Subdivision Map Act. Tract No. 6299 is the first and last phase. The Final Map is technically correct and conforms to the approved Tentative Map, the Subdivision Map Act and the Fresno Municipal Code. The provisions of Section 66474.1 of the Subdivision Map Act require a final map that is in substantial compliance with the approved tentative map to be City of Fresno Printed on 6/20/2023Page 1 of 3 powered by Legistar™ 06/15/2023 NE/MA 7-0 R. 2023-179 APPROVED ON CONSENT File #:ID 23-921 Agenda Date:6/15/2023 Agenda #: 1.-U. approved by the City Council. The Subdivider has satisfied all other conditions of approval by executing the Subdivision Agreement for Tract No.6299,submitted securities in the total amount of $7,283,000 to guarantee the completion and acceptance of the public improvements and $3,641,500 for a payment security and has paid the miscellaneous and development impact fees due as a condition of approval for the Final Map in the amount of $1,042,786.24.Covenants have been executed to defer eligible development impact fees totaling $3,618,903.05 to the time of issuance of each building permit or final occupancy of each unit,for annual Community Facility District (CFD)number 11 assessment notification, acknowledging right-to-farm law,landscape maintenance,sewer capacity in the Fowler trunk, temporary storm drainage facilities,and for relinquishment of access for certain lots.The City Attorney’s Office has approved all documents as to form and the Risk Management Division has approved all security bonds and insurance certificates. MAINTENANCE DISTRICTS:A condition of approval of the Tentative Map is to maintain the concrete curbs and gutters,valley gutters,sidewalks and curb ramps,and street lighting associated with the Final Map in accordance with the adopted standards of the City.The Subdivider has satisfied the maintenance requirement by annexing the subdivision into the City’s CFD-11 on March 30,2023.The Subdivider has also satisfied the sewer lift station maintenance requirement by annexing the subdivision into the City’s CFD-17 on March 30, 2023. The Subdivider has executed the covenant for Maintenance of Certain Improvements and as a condition of the Subdivision Agreement,is required to provide every prospective purchaser of each lot of the subdivision the “Notice of Special Tax”,in accordance with the provision of Section 53341.5 of the California Government Code.The maximum annual assessment is $548.61 (CFD-11)and $83.80 (CFD-17)per lot with an annual 2%adjustment or by the rise of the Construction Cost Index (CCI), if it exceeds 2% for the San Francisco Region. ENVIRONMENTAL FINDINGS Pursuant to CEQA Guidelines Section 15268(b)(3),approval of final subdivision maps is a ministerial action and is exempt from the requirements of CEQA. LOCAL PREFERENCE Local preference was not considered because this resolution does not include a bid or award of a construction or services contract. FISCAL IMPACT The Final Map is located in Council District 5.There will be no impact to the City’s General Fund. Approval by the Council will result in timely delivery of the review and processing of the Final Map as is reasonably expected by the Subdivider.Prudent financial management is demonstrated by the expeditious completion of this Final Map inasmuch as the Subdivider has paid the City a fee for the processing of this Final Map and that fee is,in turn,funding the respective operations of the Public Works Department. City of Fresno Printed on 6/20/2023Page 2 of 3 powered by Legistar™ File #:ID 23-921 Agenda Date:6/15/2023 Agenda #: 1.-U. Attachment(s): Resolution Final Map of Tract No. 6299 Location Map City of Fresno Printed on 6/20/2023Page 3 of 3 powered by Legistar™ BARSTOW GARFIELDBRYANPOLKBLYTHEVALENTINEVAN NESSFRUITSIERRA GETTYSBURG DAKOTA CLINTON OLIVE NIELSON KEARNEY ANNADALE INTERNATIONAL PERRIN TEAGUE ALLUVIALMAROAFRESNOMILLBROOKMAPLEWILLOW SUNNYSIDEARMSTRONGMAPLEORANGECHERRYFIGCHURCH BUTLER TULARE LOCANDAKOTA CLINTON OLIVE FRUITHUGHESVALENTINEBLYTHEPOLKBRYANHAMILTON MINNEWAWAWILLOWN TRAFFIC OPERATIONS AND PLANNING DIVISION Final Tract Map No. 6299 COUNCIL DISTRICT 5 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-857 Agenda Date:6/15/2023 Agenda #: 1.-V. REPORT TO THE CITY COUNCIL FROM:SCOTT L. MOZIER, PE, Director Public Works Department BY:ANDREW J. BENELLI, PE, City Engineer/Assistant Director Public Works Department, Traffic Operations and Planning CARLA GONZALEZ, Active Transportation Coordinator Public Works Department, Traffic Operations and Planning Division SUBJECT Bicycle and Pedestrian Advisory Committee (BPAC) Semi-Annual Report (November 2022 through April 2023) (Citywide) RECOMMENDATION Staff recommends that Council review and accept the semi-annual report providing an overview of the BPAC activities for the period of November 2022 through April 2023. EXECUTIVE SUMMARY On October 8, 2002, with a 7-0 vote the City Council established the Bicycle and Pedestrian Advisory Committee (BPAC) and the charter and by-laws under which the BPAC would serve to advise the City Council on bicycle and pedestrian matters throughout the City. The goal of the BPAC is to ensure sensitivity to bicycle and pedestrian issues in the design and implementation of all Public Works projects which impact bicyclists and pedestrians. This semi-annual report will highlight the accomplishments and activities of the BPAC for the period of November 2022 through April 2023. It is the goal of the BPAC to provide the Council a report semi-annually. BACKGROUND On October 8, 2002, with a 7-0 vote the City Council established the Bicycle and Pedestrian Advisory Committee (BPAC) and the charter by-laws under which the BPAC would serve to advise the City Council on bicycle and pedestrian matters throughout the City. The goal of the BPAC is to ensure sensitivity to bicycle and pedestrian issues in the design and implementation of all Public Works projects which impact bicyclists and pedestrians. The BPAC meets monthly and is comprised of a representative for each Council District as well as two (2) Mayoral appointees. There are currently no District vacancies. City of Fresno Printed on 6/20/2023Page 1 of 4 powered by Legistar™ 06/15/2023 REPORT RECIEVED. APPROVED ON CONSENT File #:ID 23-857 Agenda Date:6/15/2023 Agenda #: 1.-V. With the expiration of the emergency declaration for COVID-19 by Governor Newsom,the City of Fresno discontinued the emergency orders that went into effect February 20,2023,and the BPAC resumed to in-person meetings. Five (5)task force committees were formed or continued to discuss strategic planning for city-wide events that included Bike Month,BPAC Awards,and the Event Planning Committee Task Force to promote and lead events such as World Day of Remembrance, and May is Bike Month 2023. Through the objectives of the BPAC Charter,members participated and provided recommendations at community events and planning meetings for the new Class IV separated bikeway in Tower District along Van Ness Avenue in District 1,Fancher Creek Pop-Up Trail event in District 5,participation in Fresno’s Kit-of Parts Tactical Urbanism event in Southwest Fresno on California Avenue for a separated bikeway and artistic crosswalk demonstration for the students of Edison High School in District 3,and the Audubon Projects meeting to discuss bicycle and pedestrian safety along the Audubon Corridor in District 2.The BPAC also actively participated in public review and comment for the Fancher Creek Trail Plan in January 2023.The Event Planning Committee Task force also led and organized the first World Day of Remembrance (WDoR),held in November 2022 with a bike ride and lighting of the water tower to remember traffic road victims -with BPAC’s advocacy and dedication a proclamation was sponsored by City Councilmembers of District 2,and District 4 and presented at the Fresno City Council to honor road traffic victims and recognize the WDoR event. With support from BPAC,the City of Fresno was awarded $400,000 for a Vision Zero Action Plan through the Safe Streets for All (SS4A)grant program in January 2023.The BPAC also filled previous vacancies for District 3, and District 7. The City of Fresno was recognized as a Bronze Level Bicycle Friendly City in November of 2019. This is the City’s third designation at the Bronze Level.A continued goal of the BPAC is to assist the city in achieving the Silver Level in 2023.The Public Works Department re-structured its Traffic Operations and Planning Division to increase staff and prioritize active transportation through city planning,policies,and budget.This includes the planning for a Vision Zero Action Plan and the Active Transportation Plan (ATP)Update.Goals for the next six months include updating the BPAC Charter and committee name to the Active Transportation Committee which is scheduled to go to Council for approval on May 25,2023.The BPAC Safety Awards,planning of a citywide Bike Month event for 2023,continue working with the City of Fresno on a Vision Zero Plan,and participate in the ATP update. Of particular interest to the BPAC are the number of pedestrian and bicycle fatalities occurring within the city limits.Based on monthly activity reports,the following are the number of pedestrian and bicycle fatalities by year: ·2018 - Pedestrian 25, Bicyclist 5 ·2019 - Pedestrian 20, Bicyclist 3 ·2020 - Pedestrian 29, Bicyclist 6 ·2021 - Pedestrian 22, Bicyclist 3 ·2022 - Pedestrian 23, Bicyclist 7 ·2023 - Pedestrian 9, Bicyclist 1 between January 1, 2023 - April 30, 2023 City of Fresno Printed on 6/20/2023Page 2 of 4 powered by Legistar™ File #:ID 23-857 Agenda Date:6/15/2023 Agenda #: 1.-V. Fatalities Year to Date - Pedestrian 9, Bicyclist 1 Per the charter,the BPAC is also tasked with reviewing matters related to walking and bicycling, including the following: ·Providing input into the development and review of the comprehensive bicycle/pedestrian goals, objectives, and policies (i.e. General Plan, Specific Plans, ATP) ·Working with the City to promote bicycle and pedestrian safety ·Review and comment on the functional classification and physical condition of existing bicycle and pedestrian facilities ·Identify road hazards,obstruction,site access restrictions,and circulation impediments as they affect cyclists and pedestrians ·Identify the current provisions of bicycle parking facilities within the City and recommend appropriate bicycle technology and locations which would increase use of bicycles ·Review all projects that fall within the City’s jurisdiction insofar as they relate to bicycling and walking ·Evaluate and make recommendations regarding safety issues for all types of bicycle and pedestrian facilities ·Make recommendations on capital improvements to increase the use and safety of bicycle and pedestrian facilities ·Participate in the review,prioritizing and recommendations of bicycle and pedestrian projects for funding under either Capital Improvement Programs,designated Transportation Development Act Article 3 funds or other district,county,state or federal bicycle and pedestrian grant programs ·Provide input to the City,County and Police Department regarding enforcement provisions of the vehicle code pertaining to the rights and responsibilities of bicyclists and pedestrians, bicycle parking security and theft prevention,legislation regarding bicycle and pedestrian travel in the City of Fresno ·Participate in the City’s effort to promote operator awareness and competence through education programs, coordinating with County projects where available ·Participate in the City’s effort to promote bicycling and walking as viable forms of urban transportation and recreation ·Participate in other local,regional or statewide bicycle and walking promotion activities and take a leadership role in planning and implementing Bike to Work Day/Week in May ENVIRONMENTAL FINDINGS By the definition in the California Environmental Quality Act (CEQA)Guidelines Section 15378,the semi-annual report does not qualify as a “project” as defined by CEQA. LOCAL PREFERENCE Local preference was not implemented because the semi-annual report does not include a bid or award of a construction or services contract. City of Fresno Printed on 6/20/2023Page 3 of 4 powered by Legistar™ File #:ID 23-857 Agenda Date:6/15/2023 Agenda #: 1.-V. FISCAL IMPACT The semi-annual report has been accomplished within the operating budget of the Public Works Department. There will be no additional impact on the General Fund. Attachment(s): BPAC Semi-Annual Report November 2022 - April 30, 2023. City of Fresno Printed on 6/20/2023Page 4 of 4 powered by Legistar™ Current status of Officers Laura Gromis – Chair Sean Zweifler – Vice Chair Gabriel Lozano – Secretary Current status of Members District 1 - Sean Zweifler (first term) expires Nov 1, 2024 District 2 - Matthew Woodward (first term) - expires December 10, 2023 District 3 – Julie Congi (first term) – expires March 30, 2026 District 4 – Laura Gromis (first term) – expires April 07, 2024 District 5 - Gabriel Lozano (first term) – expires August 11, 2025 District 6 - Steven Bradley (second term) - expires February 9, 2026 District 7 – Bryan Bird (first term) – expires February 9, 2026 Mayoral Appointment - Phil Arballo - second term - expires April 05, 2024 Current Statistics of Pedestrian and Bicycle Fatalities Within the City of Fresno Limits: 2018 Total Collisions: 3,208 Pedestrians - 213 (25 deaths) Bicyclists - 117 (5 deaths) 2019 Total Collisions: 3,095 Pedestrians - 180 (20 deaths) Bicyclists - 89 (3 deaths) 2020 Total Collisions: 3,273 Pedestrians - 172 (29 deaths) Bicyclists - 73 (6 deaths) 2021 Total Collisions: 3,807 Pedestrians - 204 (22 deaths) Bicyclists - 84 (3 deaths) 2022 Total Collisions: 3,976 Pedestrian – 212 (23 deaths) Bicyclists – 99 (7 deaths) 1/1/2023 – 4/30/2023 Total Collisions: 1,301 Pedestrian – 96 Bicycle – 32 Fatal Numbers Year to Date: Pedestrian: 9 Bicycle: 1 Task Force Committees and Updates on Active Committees in Place November 2022 – Discussion regarding a task force for the bike summit. Board President from California Walks (Cal Walks), J. Martinez announced his term would be ending December of 2022 and encouraged members and public to serve as a board member of Cal Walks. J. Martinez also announced that he would be representing one of ten families across the nation to participate in a discussion with Secretary Pete Buttigieg – the discussion to focus on safety on roads, streets, and speed. Fresno County Bicycle Coalition, President, Tony Molina thanked everyone for their participation in Fresno’s first World Day of Remembrance event held in October. N. Yovino presented an update on discussions for the Bike Summit. N. Yovino requested involvement from the BPAC. BPAC, member, M. Woodward also provided an update for the World Day of Remembrance event held in October with lessons learned and items to improve for next year’s event. BPAC, member, S. Zweifler announced a new stop sign and crosswalk in District 1, on Van Ness. Sean also raised concerns about limited bike rack space on FAX buses. Member, M. Woodward stated that he and BPAC should provide reports to Public Works going over sharrows and active transportation projects. BPAC, member, L. Gromis also included that the World Day of Remembrance was a successful event. L. Gromis encouraged Public Works to reach out to the community more when it comes to Class IV separated bikeways. BPAC, member, G/ Lozano provided an update regarding the Fancher Creek Trail Plan. BPAC, Chair, P. Arballo advised that he and S. Zweifler would be participating in the Kit-of-Parts tactical urbanism pop-up event in Southwest Fresno with California Walks. BPAC nominations, took place. ATP Coordinator, C. Gonzalez provided a grants update announcing that the City of Fresno did not receive funding for ATP Cycle 6 state applications submitted by Public Works. C.Gonzalez also announced Public Works grant application submission to SS4A for a Vision Zero Action Plan. December 2022 – No meeting. Final meeting for 2022, was held in November. January 2023 – A moment of silence was held in honor of Melanie Ruvalcaba, Mayoral Appointment, Vice-Chair. No public comments were made during public unscheduled communication. City staff project manager A. Gonzalez presented an update and was present for any questions regarding the Blackstone/McKinley Grade Separation project. J. Gormley advised that grants are being applied for, also mentioned funding to design 30 percent of the Smart Mobility theme south of Blackstone/McKinley project. Discussion regarding the semi-annual report, Bike Safety Awards, and Bike Month took place. BPAC, member, M. Woodward announced that the new ADA Coordinator reached out to him to present a summary of BPAC’s mission statement and how it is accomplished. Discussion to put together a formal presentation to include BPAC’s PSAs was discussed. BPAC, member, S. Zweifler proposed a resolution for city vehicle purchases to have a policy put in place to promote and consider improving pedestrian and bicyclist safety. Public comment by T. Molina to promote a policy of purchasing cars to align with Vision Zero – safe roads, safe vehicles, and safe drivers. BPAC, member, L. Gromis provided an update on the bike summit with the City of Munster, Germany. L. Gromis advised that the Fresno State Transportation Institute was taking the lead on the project and working on content and schedule for the summit. Laura also announced that the date for the Bike Summit would be October 13th of 2023. BPAC, member, S. Bradley announced that he was approved for his second term. BPAC, Chair, P. Arballo provided an update from the Kit of Parts event held in Southwest Fresno with California Walks (Cal Walks). P. Arballo also asked that portions of Midtown Trail be named in honor of Melanie Ruvalcaba and advised that the mayor agreed. Votes were made for BPAC, with new Secretary to be G. Lozano, S. Zweifler to be Vice Chair, and a tie between P. Arballo and L. Gromis for Chair. City staff provided grants updates and advised that the Fresno PD would be present at BPAC meetings twice a year for updates. J. Gormley provided a Safe Routes to School (SRTS) update and discussion to reduce the numbers of pedestrian fatalities and asked BPAC for some suggestions. Jill also went over the focus on schools to improve safe routes for parents and students and went over the different safety measures that can be implemented. The Brown Act, and AB 2449 updates were also discussed. February 2023 – BPAC, Chair, P. Arballo withdrew his name to be chair and the vote went to L. Gromis of District 4. B. Bird was introduced as the newest member of the BPAC representing District 7. Public commentary included J. Liu of the Fresno County Bicycle Coalition (FCBC). J. Liu advised that the coalition is working with the Southern Sierra Cyclist to bring a League Cycling Instructor (LCI) Seminar for bicycle education. Public commentary also included E. Obwald with concerns regarding traffic on Hidalgo right turns into the crosswalks. BPAC, member G. Lozano advised he would bring E. Obwald concern to his councilmember. Presentations included an overview of the Brown Act presented by P. Arballo. E. Obwald, Program Director of Safe2School presented information on their program to promote school safety, and to maintain safe crossing guard volunteers for Fresno Unified. Task Force, Event Planning Committee member, M. Woodward provided an update to create a Bike Month calendar to organize bike month activities and events. M. Woodward provided a BPAC 101 presentation. L. Gromis updated that she is working with the Fresno State Transportation Institute and sister City of Munster, Germany for the scheduled October 2023 bike summit. G. Lozano provided an update on the Fancher Creek Trail Plan and advised that he would be drafting a letter of support for District 5 to approve the plan at Council. S. Bradley announced that District 6 has witnessed Fresno PD motorcycles working Friant Road for speeding and other infractions to keep Friant Road safer. B. Bird brought up concerns regarding lack of three feet minimum signs. Officer J. Belli attended the BPAC meeting, and it was announced that PD presence will be at the monthly meetings to provide updates for the monthly traffic collision report. March 2023 – Officer J. Belli provided the month traffic collision report and update. BPAC member, S. Zweifler thanked J. Belli for distributing bike helmets at the Poverello House. Task force reports included M. Woodward with a summary of the Bike Task Force and ideas for May is Bike Month. M. Woodward announced that the mayor would be interested in participating on a bike to workday event. M. Woodward also provided an update for the Signage Taskforce and discussion for 3-foot clearance signs. S. Sehm requested project suggestions from the BPAC to help with public works factoring in projects for the next fiscal year ’s budget. Staff reports included S. Zweifler and his concerns regarding parking in the Class IV separated bikeway located in District 1. M. Woodward announced the Audubon Corridor community meeting to be held by Public Works. G. Lozano of District 5 announced an event for Cinco De Mayo with Familia En Accion and asked for BPAC participation. City staff. S. Sehm provided an update to the Barstow Class IV project. J. Gormley announced that the City of Fresno received regional funding for ATP Cycle 6 to install multiple HAWKs along Blackstone and received funding for the Reconnecting Communities Grant for a pedestrian overcross. Presentation from the Bicycle and Pedestrian Program for PARCS to go over the programs provided for after school programs and the bike rodeos and free helmets provided to students who participate. April 2023 – Officer J. Belli provided monthly traffic collision report and announced no pedestrian or bicycle fatalities since the March meeting. J. Belli also announced that PD will have a bicycle and pedestrian safety enforcement event in May for bicycle safety awareness month, in addition announced that May is Motorcycle Safety month and extra officers will be staffed to help with enforcement through a grant. Presentation included Caltrans updates provided by J. Liu of District 6. The Caltrans updates included implementation of leading pedestrian intervals (LPI) a new proposed Class II bike lane on Divisadero Street and Tulare Avenue at the SR-41 interchanged and the district 6 Road Safety action Plan. The event planning taskforce provided an update for Bike Month and announced a bike ride with the mayor and city council for May 10th. M. Woodward also announced the community outreach meeting with public works for the River West Eaton Trail on May 10th. Announcement of new BPAC member, J. Congi for District 3. L. Gromis provided update for the Bike Summit and announced a scheduled date of October 27, 2023. AT P Coordinator, C. Gonzalez provided update information on the new version of the Bicycle Friendly Community application and advised that the city will be submitting the application by deadline of August 30, 2023, to apply for a BFC Silver Status. City staff, C. Shcholz was present to answer any questions regarding the Merced Reconnection project. BPAC Goals for the next six months Continue working on a Vision Zero Action Plan for Fresno Increase exposure of BPAC created PSAs for public safety Continue efforts towards Silver Status from the League of American Bicyclists Update and modernize the BPAC Charter Continue advocacy for safety at our regional parks: Woodward Park and Roeding Park Create plan for upcoming events – May is Bike Month, BPAC Awards Continue supporting the City of Fresno through support letters for upcoming grant applications City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-853 Agenda Date:6/15/2023 Agenda #: 1.-W. 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 HARMANJIT DHALIWAL, PE, Public Works Manager Public Works Department, Land Planning Section SUBJECT Actions pertaining to approval of an On-Call Land Surveying Services Agreement for the Department of Public Works Land Planning Section with Willdan Engineering, in the amount of $480,000 (Citywide). RECOMMENDATION Staff recommends the City Council approve a On-Call Land Surveying Service Agreement between the City of Fresno (City) and Willdan Engineering (Consultant) to provide land surveying services for the Public Works Land Planning Section on subdivision map, parcel map, lot line adjustment, and voluntary parcel merger projects, for a two-year term, to be reimbursed for hours worked at the hourly rates specified in the Schedule of Fees included in the Consultant’s respective agreements, not to exceed $480,000, and authorize the Public Works Director or designee to execute the agreement on behalf of the City. EXECUTIVE SUMMARY Staff recognizes the need for land surveying services to assist with current and future workloads for development mapping review and approval. Due to the need and increase in demand for housing, staff is recommending the proposed on-call agreement as a solution to efficiently deliver these development mapping projects. The consultant’s proposed scope of services includes various land surveying services that will support City staff with land title research, boundary rectification, subdivision mapping preparation and/or review (Final maps, parcel maps, lot line adjustments, and voluntary parcel mergers), record of surveys, corner records, deed preparation and/or review, and legal description preparation and/or review. The Land Planning Section staff have performed a qualification-based hiring process and have selected Willdan Engineering to perform these necessary services on an on-call basis. Upon approval and execution of the Agreement, projects will be identified, a Request for Proposal City of Fresno Printed on 6/20/2023Page 1 of 3 powered by Legistar™ 06/15/2023 NE/MA 7-0 APPROVED ON CONSENT File #:ID 23-853 Agenda Date:6/15/2023 Agenda #: 1.-W. Upon approval and execution of the Agreement,projects will be identified,a Request for Proposal (RFP)will be issued to the Consultant,and project-by-project Task Orders will be issued.The funding for this agreement will come from the Fiscal Year 2024 Public Works Department Land Planning Section appropriation. BACKGROUND In accordance with Administrative Order (A.O.)6-19,on January 13,2023,a Request for Qualifications (RFQ)was issued via Planet Bids,email,and published in the Business Journal, seeking Statements of Qualifications (SOQ)for “On-Call Land Surveying Services”for the City of Fresno Public Works Department.Initial screening of consultant SOQs was based on categories including experience of the firm,education,and training of staff and subconsultants,understanding of applicable rules and regulations, and the proposed workplan to provide the services necessary. Thirteen consultants submitted SOQs.A selection panel of three staff members from the Land Planning Section,Traffic Operations and Planning Section,and Engineering Services Section of the Department of Public Works scored and ranked the submitting firm’s SOQs based on the criteria above.Five of the thirteen consultants were invited for an interview and delivered a presentation. The selection panel selected Willdan Engineering.They demonstrated above average experience, expertise,and were qualified to provide the wide variety of land surveying services required by the City. Staff is recommending the City Council approve the agreement with Willdan Engineering for Land Surveying Services,with a two-year term and a total compensation not to exceed $480,000,with no guarantee expressed or implied that $480,000 will be authorized under any respective agreement,to provide various land surveying services for the Public Works Land Planning Section on development 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.The funding for this agreement will come from the Fiscal Year 2024 Public Works Department Land Planning Section appropriation. 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. 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 the Department of Public Works Land Planning Section in Fiscal Year 2024. City of Fresno Printed on 6/20/2023Page 2 of 3 powered by Legistar™ File #:ID 23-853 Agenda Date:6/15/2023 Agenda #: 1.-W. Attachment(s): Consulting Services Agreement - Willdan Engineering City of Fresno Printed on 6/20/2023Page 3 of 3 powered by Legistar™ City of Fresno Bid File No. 12301756 Disclosure of Conflict of Interest City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-947 Agenda Date:6/15/2023 Agenda #: 1.-X. REPORT TO THE CITY COUNCIL FROM:SCOTT MOZIER, PE, Director Public Works Department BY:BRIAN E. RUSSELL, Assistant Director Public Works Department, Streets, Landscape, and Graffiti Divisions SUBJECT RESOLUTION - Adopting a list of proposed Public Works projects to receive Senate Bill 1 (SB 1) Road Maintenance and Rehabilitation Account funding for City Fiscal Year 2024. RECOMMENDATION Staff recommends that the Council adopt a resolution approving the list of proposed City of Fresno (City) projects to be submitted to the California Transportation Commission (CTC) for receipt of Senate Bill 1 (SB1) Road Maintenance and Rehabilitation Account (RMRA) funds for City FY2024. EXECUTIVE SUMMARY On March 24, 2021, the CTC adopted revised program reporting guidelines for SB1 funding. The CTC guidelines require that in order to receive funding in the 2023-24 fiscal year, the governing body of a local agency must adopt a resolution with the list of projects proposed for SB1 funds, prior to July 1, 2023. The attached resolution meets CTC’s submission criteria. The recommended projects reflect pavement conditions, traffic studies, leveraging of dollars with grant funding, and significant input from Council district offices. Attached for reference and for consistency with the proposed FY2024 budget is a list of SB1 projects to be carried over from the current fiscal year into FY2024. The revenue figures shown on the attached project list reflect the latest projections from the State of California and League of Cities. BACKGROUND On August 15, 2018, the CTC adopted guidelines for SB1 RMRA funding designated for cities and counties. Revised guidelines were adopted by the CTC on March 24, 2021, one significant change being an extension of the due date to July 1st rather than May 1st, allowing cities and counties additional time to submit the project lists each year. Pursuant to the guidelines, a proposed project listing must be submitted to the CTC prior to July 1, 2023, for consideration. The submission must include a resolution of the Council adopting the list, which per the CTC guidelines should be taken as City of Fresno Printed on 6/9/2023Page 1 of 3 powered by Legistar™ 06/15/2023 TABLED TO JUNE 22, 2023 File #:ID 23-947 Agenda Date:6/15/2023 Agenda #: 1.-X. include a resolution of the Council adopting the list,which per the CTC guidelines should be taken as a standalone action and not as a part of the annual budget adoption.The CTC will then adopt a list of cities and counties which have met its guidelines at its August Commission meeting and forward the list to the State Controller,who will in turn release SB1 funds to the appropriate recipients (cities and counties).The attached resolution is,therefore,required for the City to receive SB1 funding for its eligible street projects. Should the City not adopt a proposed project list via resolution by July 1,2023,the Controller will retain what would have been the City’s monthly share for a period of 90 days.Should a list not be provided within that time frame,the CTC will reapportion what would have been the City’s share of SB1 funds to other eligible cities and counties.To prevent delays in SB1 projects,staff recommends the project list be adopted by resolution and submitted to the CTC by July 1, 2023. The CTC only requires cities and counties to submit a resolution of proposed funding for new SB1 revenue in the upcoming fiscal year,and has directed that no unspent carryover funding should be included in that project listing.However,in order to clearly align with the proposed FY2024 budget, staff has also included a separate list of carryover funding from FY2023 to FY2024 for those projects and expenditures which could not be fully completed in FY2023 (see attachment). SB1 specifies the following eligible uses: ·Road Maintenance and Rehabilitation ·Safety Projects ·Railroad Grade Separations ·Complete Streets Components (including active transportation purposes,pedestrian and bicycle safety projects,transit facilities,and drainage and stormwater capture projects in conjunction with any other allowable project) ·Traffic Control Devices Further,Streets &Highways Code Section 2030(b)(2)states that funds made available by the RMRA program may also be used to satisfy a match requirement in order to obtain State or Federal funds, provided that the projects fall into the eligible SB1 categories. The Public Works Department utilizes a pavement management system for the City’s 1,700 centerline-miles to evaluate the condition of the street network and to recommend pavement treatments.Streets are rated using an industry-standard pavement condition index (PCI)ranging from 0 to 100,with zero being a pothole-riddled crumbling street and 100 being a newly surfaced roadway.A PCI score of 80-100 is rated as “very good-excellent”,70-79 as “good”,60-69 as “fair”, 50-59 as “at-risk”,25-49 as “poor”and 0-24 as “failed.”Based upon PCI ratings and field observations by trained engineering and maintenance professionals,projects are recommended including slurry seals,grinding and overlays,as well as total reconstruction.The City’s overall PCI has been in steady decline in recent years due to insufficient funding for street maintenance.In 2008,the overall PCI was estimated at 72,but the average was somewhat inflated due to the building boom and relatively large amount of new street mileage in residential subdivisions.By 2013, the average PCI had declined to 68.Staff made a presentation to the Council on February 17,2022, to share the results of the Citywide Pavement Management Program update completed by NCE Consulting.The current average PCI has declined to 60,at the border of “fair”and “at-risk,”having City of Fresno Printed on 6/9/2023Page 2 of 3 powered by Legistar™ File #:ID 23-947 Agenda Date:6/15/2023 Agenda #: 1.-X. been an average level of “good” only 14 years earlier. The adoption of the resolution will not limit or reduce future Council authority to appropriate funding for projects each year in the City budget,in accordance with the Charter,but rather will comply with State requirements to become eligible for receipt of funds.Per the CTC’s adopted guidelines,the project list does not limit the flexibility of an eligible city or county to fund projects in accordance with local needs and priorities, so long as the projects are consistent with SB1 RMRA priorities. ENVIRONMENTAL FINDINGS Pursuant to the California Environmental Quality Act (CEQA)Guidelines Section 15378 this is not approval of a “project” for purposes of CEQA. LOCAL PREFERENCE Local preference was not implemented as this does involve the bid or award of a construction or services contract. FISCAL IMPACT Adoption of the attached resolution will not impact the General Fund.Project costs would be paid for from SB1 funds and funds appropriated by the Council in the adopted budget. Attachment(s): Resolution SB1 Project List for FY2024 Carryover Projects from FY2023 to FY2024 SB1 RMRA Annual Reporting Guidelines City of Fresno Printed on 6/9/2023Page 3 of 3 powered by Legistar™ 1 of 2 Date Adopted: Date Approved: Effective Date: City Attorney Approval: ______ Resolution No. ____________ RESOLUTION NO. _______ RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, ADOPTING A LIST OF PROPOSED PUBLIC WORKS PROJECTS TO RECEIVE SENATE BILL 1 (SB1) ROAD MAINTENANCE AND REHABILITATION ACCOUNT FUNDING FOR CITY FISCAL YEAR 2024 WHEREAS, Senate Bill 1 (SB1), also known as the Road Repair and Accountability Act of 2017, was signed into law on April 28, 2017; and WHEREAS, beginning on November 1, 2017, the State Controller will deposit various portions of this new funding into the Road Maintenance and Rehabilitation Account (RMRA); and WHEREAS, SB1 RMRA funds are to be distributed to cities and counties according to formulas contained in the legislation; and WHEREAS, SB1 funds may be utilized for road maintenance and rehabilitation, safety projects, railroad grade separations, complete streets components and traffic control devices; and WHEREAS, on March 24, 2021, the California Transportation Commission (CTC) adopted the updated 2021 Annual Reporting Guidelines for SB1 RMRA Local Streets and Road funding; and WHEREAS, the CTC has required cities and counties to submit a list of projects proposed for use of SB1 funding to the Commission by July 1, 2023, as adopted by a resolution of the Council at a regular public meeting. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as follows: 2 of 2 1. Adopts the attached list of proposed Public Works projects to receive SB1 Road Maintenance and Rehabilitation Account funding for City Fiscal Year 2024. 2. 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 : TODD STERMER, CMC City Clerk By: Deputy Date APPROVED AS TO FORM: ANDREW JANZ City Attorney By: Jennifer M. Quintanilla Date Senior Deputy City Attorney Attachment: SB 1 Project List for FY 2024 FY2024 Project List for SB1 RMRA Revenues City of Fresno, Public Works Department New Proposed FY24 Project ID Project Description Phase Project Location District SB1 Funding Mileage Min Max Start Complete SB00085 Dakota, Hughes to Marks Paving & Sidewalks Construction Dakota Ave, Hughes to Marks 1 $400,700 0.50 7 20 3/25 4/25 SB00103 Hughes-Fairmont-Sequoia Paving Construction Hughes-Fairmont-Sequoia Neighborhood 1 $257,400 1.00 7 20 5/25 5/25 SB00114 Rialto-Marks-Norwich-Valentine Concrete (7-Week Repairs)Construction Rialto-Marks-Norwich-Valentine 1 $160,000 1.70 7 20 2/24 4/24 SB00115 Rialto-Marks-Norwich-Valentine Neighborhood Paving Construction Rialto-Marks-Norwich-Valentine 1 $912,900 1.70 7 20 9/24 10/24 PW00962 Audubon/Lexington Intersection Improvements Construction Audubon & Lexington Avenues 2 $1,283,600 0.10 20 50 9/23 12/24 SB00065 Maroa, Sierra to Herndon Paving Construction Maroa Avenue, Sierra to Herndon 2 $359,200 0.50 7 20 3/25 3/25 SB00105 Stuart-Figarden-Marks Concrete Repair Construction Stuart-Figarden-Marks Neighborhood 2 $448,700 1.76 7 20 7/24 6/25 SB00116 Bullard/Tamera/Browning/Marty Phase 1 (7-Week Repairs)Construction Bullard/Tamera/Browning/Marty 2 $160,000 0.84 7 20 9/23 11/23 PW00784 Abby St AC Overlay, Divisadero to Olive Construction Abby Street, Divisadero to Olive 3 $174,400 0.96 7 20 7/23 12/23 PW00893 Muir Elementary School - Safe Routes to School Construction Palm-Olive-Broadway-Belmont Neighborhood 3 $200,000 0.50 7 20 7/23 5/24 PW01045 Knight Ave Improvements Jensen to Grove Design Knight Avenue, Jensen to Grove 3 $40,200 0.25 20 50 7/23 12/25 PW01051 TS Church & Walnut Design & Const Church and Walnut Avenues 3 $999,100 0.10 20 50 7/23 12/25 SB00066 Blythe, Weldon to Clinton Paving Construction Blythe Avenue, Weldon to Clinton 3 $259,000 0.50 7 20 3/25 3/25 SB00117 Kearney/Hughes/La Sierra/Roeding Phase 2 (7-Week Repairs)Construction Kearney/Hughes/La Sierra/Roeding 3 $160,000 0.70 7 20 12/23 2/24 PW01001 TS Barstow & Tenth Design Barstow and Tenth Avenues 4 $100,000 0.10 20 50 7/23 12/25 PW01047 HAWK First & Dovewood - Hoover High Design & Const First and Dovewood Avenues 4 $644,400 0.10 20 50 7/23 12/25 SB00067 Sierra Vista, Dakota to Shields Paving Construction Sierra Vista Ave, Dakota to Shields 4 $205,000 0.50 7 20 3/25 4/25 SB00094 Browning-Bullard-Millbrook-Ninth Concrete Repairs Construction Browning-Bullard-Millbrook-Ninth Neighborhood 4 $326,300 1.40 7 20 7/23 5/25 SB00095 Browning-Bullard-Millbrook-Ninth Paving Construction Browning-Bullard-Millbrook-Ninth Neighborhood 4 $511,200 1.40 7 20 5/25 5/25 SB00106 Fresno-Bullard-First-Barstow Concrete Repairs Construction Fresno-Bullard-First-Barstow Neighborhood 4 $385,000 3.50 7 20 7/25 12/25 SB00118 Celeste-Del Mar-Browning-Maroa (7-Week Repairs)Construction Celeste-Del Mar-Browning-Maroa 4 $160,000 0.52 7 20 8/23 10/23 PW00903 Traffic Signals Butler/8th and Orange/Lowe Construction Butler and 8th Ave, Orange and Lowe Ave 5 $220,600 0.10 20 50 6/23 6/25 PW00987 Florence Avenue Street Rehab & Sidewalks, Maple to Chestnut Design, ROW Florence Avenue, Maple to Chestnut 5 $45,800 0.50 7 20 9/23 12/25 SB00119 Florence/Chestnut/Geary/Winery Phase 2 (7-Week Repairs)Construction Florence/Chestnut/Geary/Winery 5 $160,000 0.67 7 20 11/23 1/24 PW01015 Kings Canyon AC Overlay, Cedar to Maple Construction Kings Canyon Road, Cedar to Maple 5 $1,681,000 0.50 7 20 3/24 12/25 PW01013 Behymer & Granville Safety Improvements Design & Const Behymer, Perrin to Granville; and Behymer, Granville to Chance 6 $460,000 0.75 20 50 7/23 9/24 SB00079 Audubon Dr Repaving, Friant to Cole Construction Audubon Drive, Friant to Cole 6 $224,100 0.60 10 20 4/25 4/25 SB00080 Cedar and Shepherd Intersection Repairs Construction Cedar and Shepherd Avenues 6 $30,000 0.10 7 20 4/25 4/25 SB00120 Chestnut/Herndon/Winery/Fremont (7-Week Repairs)Construction Chestnut/Herndon/Winery/Fremont 6 $160,000 0.92 7 20 5/24 7/24 SB00059 Bremer, Blackstone to Abby Paving Construction Bremer Avenue, Blackstone to Abby 7 $50,000 0.10 7 20 3/25 3/25 SB00072 Clark, McKinley to Floradora Paving & Concrete Construction Clark Avenue, McKinley to Floradora 7 $129,200 0.25 7 20 11/24 11/24 SB00100 Fresno Street - Clinton to Shields Paving Construction Fresno Street, Clinton to Shields 7 $353,100 0.50 7 20 10/23 10/23 SB00101 Shields-Cedar-Princeton-Millbrook Neighborhood Phase 1 (Conc)Construction Shields-Cedar-Princeton-Millbrook Neighborhood 7 $380,000 2.50 7 20 8/25 9/25 SB00107 Fresno-Dakota-Pontiac-Mariposa Concrete Repair Construction Fresno-Dakota-Pontiac-Mariposa Neighborhood 7 $182,100 0.95 7 20 6/26 9/26 SB00121 Willow-Leisure-Fine-Home Phase 2 (7-Week Repairs)Construction Willow-Leisure-Fine-Home 7 $160,000 0.84 7 20 7/23 8/23 SB00109 Shields Ave, Valentine to Selland Curbs & Sidewalks Construction Shields Avenue, Valentine to Selland 1, 3 $96,400 0.15 7 20 6/26 8/26 PW00912 Maroa/Shields/BNSFSafety Improvements Design Maroa and Shields At-Grade Crossings at BNSF 1,7 $118,300 0.10 20 50 7/20 12/27 PW01014 Ventura Street AC Overlay, First to Cedar Design Ventura Street, First to Cedar 5, 7 $239,200 1.00 7 20 3/24 12/25 SB00110 Kings Canyon AC Overlay, Maple to Chestnut Construction Kings Canyon, Maple to Chestnut 5, 7 $635,000 1.00 7 20 4/24 5/24 TOTAL FY2024 $13,471,900 30.16 Schedule Useful Life (yrs)for Completion Carryover Funding from FY2023 to FY2024 for SB1 RMRA Revenues City of Fresno, Public Works Department SB1 Carryover Project ID CD Project Description FY2023 to FY2024 PW00771 M BPMP Bridge Deck Rehab Phase 2 $52,200 PW00812 3 Traffic Signal Tulare and "Q" Street $16,400 PW00834 1 Marks Avenue AC Overlay, Ashlan to Dakota $800 PW00836 2 Traffic Signal Barstow & Palm LT Phasing $16,100 PW00842 3 MLK Center Active Transportation Infrastructure $3,234,700 PW00856 7 Traffic Signal Clinton & Angus $21,300 PW00903 5 TS Butler/8th and Orange/Lowe $635,300 PW00907 5 Barton/Florence Sidewalks & Paving $49,600 PW00908 4 TS Fresno and Browning $394,100 PW00912 M Maroa/Shields/BNSFSafety Improvements $117,400 PW00917 2 Traffic Signal West & Sierra LT Phasing $45,800 PW00919 1 Traffic Signal Hughes & Shields Left Turn Phasing $52,100 PW00920 2 Traffic Signal Blythe & Gates $88,100 PW00962 2 Audubon/Lexington Intersection Improvements $53,800 PW00987 5 Florence Avenue Street Rehab & Sidewalks, Maple to Chestnut $51,300 PW01013 6 Behymer & Granville Safety Improvements $838,200 PW01014 5,7 Ventura Street AC Overlay, First to Cedar $97,900 PW01015 5 Kings Canyon AC Overlay, Cedar to Maple $22,400 THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 LOCAL STREETS AND ROADS FUNDING PROGRAM 2021 REPORTING GUIDELINES March 2021 California Transportation Commission i CALIFORNIA TRANSPORTATION COMMISSION THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 LOCAL STREETS AND ROADS FUNDING PROGRAM ANNUAL REPORTING GUIDELINES TABLE OF CONTENTS I. Introduction...................................................................................................................... 1 1. Background and Purpose of Reporting Guidelines.................................................2 2. Funding Program Objectives and Statutory Requirements....................................1 3. Funding Program Roles and Responsibilities......................................................... 3 4. Funding Program Schedule....................................................................................... 4 II. Funding............................................................................................................................5 5. Source..........................................................................................................................5 6. Estimation and Disbursement of Funds................................................................... 6 III. Eligibility and Funding Program Priorities.................................................................. 7 7. Eligible Recipients...................................................................................................... 7 8. Funding Program Priorities and Example Projects................................................. 7 IV. Project List Submittal....................................................................................................8 9. Content and Format of Project List...........................................................................8 10. Process and Schedule for Project List Submittal....................................................13 11. Commission Submittal of Eligible Entities to the State Controller’s Office..........13 V. Annual Project Expenditure Reporting and Auditing..................................................14 12. Scope of the Annual Project Expenditure Report...................................................16 13. Process and Schedule for Project Expenditure Report Submittal........................18 14. Commission Reporting of Project Information Received...................................... 18 15. State Controller Expenditure Reporting and Maintenance of Effort Monitoring..19 16. Workforce Development Requirements and Project Signage............................... 21 ii I. Introduction 1. Background and Purpose of Reporting Guidelines On April 28, 2017 the Governor signed Senate Bill (SB) 1 (Beall, Chapter 5, Statutes of 2017), which is known as the Road Repair and Accountability Act of 2017. To address basic road maintenance, rehabilitation and critical safety needs on both the state highway and local streets and road system, SB 1: increases per gallon fuel excise taxes; increases diesel fuel sales taxes and vehicle registration fees; and provides for inflationary adjustments to tax rates in future years. As of November 1, 2017, the State Controller began depositing various portions of these funds into Road Maintenance and Rehabilitation Account (RMRA); a percentage of these funds are to be apportioned by formula to eligible cities and counties pursuant to Streets and Highways Code (SHC) Section 2032(h) intended for basic road maintenance, rehabilitation, and critical safety projects on the local streets and roads system. For a detailed breakdown of RMRA funding sources and the disbursement of funding please see Sections 5 and 6 of these guidelines. SB 1 emphasizes the importance of accountability and transparency in the delivery of California’s transportation programs. Therefore, to be eligible for RMRA funding, statute requires cities and counties provide basic annual RMRA project reporting to the California Transportation Commission (Commission). These guidelines describe the general policies and procedures for carrying out the annual RMRA project reporting requirements for cities and counties and other statutory objectives as outlined in Section 2 below. The guidelines were developed in consultation with state, regional, and local government entities, and other transportation stakeholders. The Commission may amend these guidelines after first giving notice of the proposed amendments. To provide clear and timely guidance, it is the Commission’s policy that a reasonable effort be made to amend the guidelines prior to the due date for project lists. The Commission may extend the deadline for project list submission to facilitate compliance with the amended guidelines. 2. Funding Program Objectives and Statutory Requirements Streets and Highways Code (SHC) Section 2032.5(a) articulates the general intent of the legislation that recipients of RMRA funding be held accountable for the efficient investment of public funds to maintain local streets and roads and are accountable to the people through performance goals that are tracked and reported. Pursuant to SHC Section 2030(a), the objective of the Local Streets and Roads Funding Program is to address deferred maintenance on the local streets and roads system through the prioritization and delivery of basic road maintenance and rehabilitation projects as well as critical safety projects. 1 Cities and counties receiving RMRA funds must comply with all relevant federal and state laws, regulations, policies, and procedures. The main requirements for the funding program are codified in SHC Sections 2032.5, 2034, 2036, 2037, and 2038 and include the following: • It is the intent of the Legislature that the Department of Transportation and local governments are held accountable for the efficient investment of public funds to maintain the public highways, streets, and roads, and are accountable to the people through performance goals that are tracked and reported [SHC 2032.5(a)]. • Prior to receiving an apportionment of RMRA funds from the State Controller in a fiscal year, a city or county must submit to the Commission a list of projects proposed to be funded with these funds. All projects proposed to receive funding must be adopted by resolution by the applicable city council or county board of supervisors at a regular public meeting each fiscal year [SHC 2034(a)(1)]. • The list of projects must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement [SHC 2034(a)(1)]. Further guidance regarding the scope, content, and submittal process for project lists prepared by cities and counties is provided in Sections 9-10. • Failure to include the details required by SHC 2034(a)(1) in the project list adopted for eligibility could result in a jurisdiction’s submittal being deemed non-compliant, thereby jeopardizing the jurisdiction’s ability to receive the upcoming fiscal year apportionment. • The project list does not limit the flexibility of an eligible city or county to fund projects in accordance with local needs and priorities so long as the projects are consistent with RMRA priorities as outlined in SHC 2030(b) [SHC 2034(a)(1)]. • The Commission will submit an initial report to the State Controller that indicates the cities and counties that have submitted a list of projects as described in SHC 2034(a)(1) and that are therefore eligible to receive an apportionment of RMRA funds for the applicable fiscal year [SHC 2034(a)(2)]. • The State Controller, upon receipt of an initial report from the Commission, shall apportion RMRA funds to eligible cities and counties pursuant to SHC 2032(h) [SHC 2034(a)(3)]. • The State Controller will retain the monthly share of RMRA funds for cities and counties not included in the Commission’s initial report that would otherwise be apportioned and distributed to those cities and counties [SHC 2034(a)(4)(A)]. Pursuant to SHC 2034(a)(4)(B), the monthly share of RMRA funds for each of these cities and counties will be retained by the State Controller for 90 days. • Upon receipt of a list of projects from a city or county after the Commission has submitted its initial report to the State Controller, the Commission will submit a 2 subsequent report to the State Controller that specifies all newly eligible cities and counties [SHC 2034(a)(2)]. • After 90 days, the State Controller will apportion to all newly eligible cities and counties the RMRA funds that were retained but not previously apportioned and distributed pursuant to SHC 2304(a)(4)(B). • Any RMRA funds held by the State Controller for a city or county that still remains ineligible after 90 days will be reapportioned to all other eligible cities and counties [SHC 2034(a)(4)(C)]. • For each fiscal year in which RMRA funds are received and expended, cities and counties must submit documentation to the Commission that details the expenditure of all RMRA funds, including a description and location of each completed project, the amount of funds expended on the project, the completion date, and the estimated useful life of the improvement [SHC 2034(b)]. Further guidance regarding the scope, content, and submittal process for program expenditure reports is provided in Sections 12-13. • Prior to receiving an apportionment of funds under the program an eligible city or county may expend other funds on eligible projects and may reimburse the source of those other funds when it receives its apportionment from the State Controller over one or more years [SHC 2034(c)]. • A city or county receiving an apportionment of RMRA funds is required to sustain a maintenance of effort (MOE) by spending at least the annual average of its general fund expenditures during the 2009–10, 2010–11, and 2011–12 fiscal years for street, road, and highway purposes from the city’s or county’s general fund [SHC 2036]. Monitoring and enforcement of the maintenance of effort requirement for RMRA funds will be carried out by the State Controller and is addressed in more detail in Section 15. • A city or county may spend its apportionment of RMRA funds on transportation priorities other than priorities outlined in SHC 2030(b) if the city or county’s average Pavement Condition Index (PCI) meets or exceeds 80 [SHC 2037]. • By July 1, 2023, cities and counties receiving RMRA funds must follow guidelines developed by the California Workforce Development Board (Board) that address participation and investment in, or partnership with, new or existing pre-apprenticeship training programs [SHC 2038]. Further information regarding the forthcoming Board Guidelines and future Board-sponsored grant opportunities is available in Section 16. 3. Funding Program Roles and Responsibilities Below is a general outline of the roles and responsibilities of recipient cities/counties, the Commission, the State Controller, and the California Workforce Development Board, in carrying out the funding program’s statutory requirements, as well as activities the Commission will undertake to meet the legislative intent of SB 1: 3 Recipient Cities/Counties: • Develop and submit a list of projects to the Commission each fiscal year. • Develop and submit a project expenditure report to the Commission each fiscal year. • Comply with all requirements including reporting requirements for RMRA funding. Commission: • Provide technical assistance to cities and counties in the preparation of project lists and reports. • Receive and review project lists from cities and counties each fiscal year to ensure compliance with the statutorily required elements of a project list submittal is met. • Provide a comprehensive list to the State Controller each fiscal year of cities and counties eligible to receive RMRA apportionments. • Receive program expenditure reports from cities and counties each fiscal year and provide aggregated statewide information regarding use of RMRA funds to the Legislature and the public (e.g. the Commission’s Annual Report to the Legislature and the Rebuild California – SB 1 Website). State Controller: • Receive list of cities and counties eligible for RMRA apportionments each fiscal year from the Commission. • Apportion RMRA funds to cities and counties. • Oversee Maintenance of Effort and other requirements for RMRA funds including reporting required pursuant to SHC 2151. California Workforce Development Board: • Pursuant to SHC 2038, establish a pre-apprenticeship development and training grant program beginning January 1, 2019 that local public agencies receiving RMRA funds are eligible to apply for or partner with other entities to apply for. • Pursuant to SHC 2038, develop guidelines for public agencies receiving RMRA funds to participate, invest in, or partner with, new or existing pre-apprenticeship training programs. Local public agencies receiving RMRA funds must follow the guidelines by no later than July 1, 2023. 4. Funding Program Schedule The following schedule lists the major milestones for the Local Streets and Roads Funding Program Annual Reporting. 4 Project Lists due to Commission July 1st each year Commission Adopts Initial List of Eligible Cities and Counties August Commission Meeting each year Commission Submits Initial List to State Controller No later than August 31st each year Subsequent Eligibility Project Lists due to Commission September 30th each year (if needed) Commission Adopts Subsequent List of Eligible Cities and Counties October Commission Meeting each year (if needed) Commission Submits Subsequent List to State Controller No later than October 31st each year (if needed) Annual Reporting of Fiscal Year Expenditures due to Commission December 1st each year Informational Funding Program Update to Commission January Commission Meeting each year II. Funding 5. Source The State of California imposes per-gallon excise taxes on gasoline and diesel fuel, sales taxes on diesel fuel, and registration taxes on motor vehicles and dedicates these revenues to transportation purposes. Portions of these revenues flow to cities and counties through the Highway Users Tax Account (HUTA) and the newly established RMRA created by SB 1. The Local Streets and Roads Funding is supported by RMRA funding which includes portions of revenues pursuant to SHC 2031 from the following sources: • An additional 12 cent per gallon increase to the gasoline excise tax effective November 1, 2017. 5 • An additional 20 cent per gallon increase to the diesel fuel excise tax effective November 1, 2017. • An additional vehicle registration tax called the “Transportation Improvement Fee” with rates based on the value of the motor vehicle effective January 1, 2018. • An additional $100 vehicle registration tax on zero emissions (ZEV) vehicles of model year 2020 or later effective July 1, 2020. • Annual rate increases to these taxes beginning on July 1, 2020 (July 1, 2021 for the ZEV fee) and every July 1st thereafter equal to the change in the California Consumer Price Index (CPI). SHC 2032(h)(2) specifies that 50 percent of the balance of revenues deposited into the RMRA, after certain funding is set aside for various programs, will be continuously appropriated for apportionment to cities and counties by the State Controller pursuant to the formula in SHC Section 2103(a)(3)(C)(i) and (ii). 6. Estimation and Disbursement of Funds While neither, the Commission nor the State Controller’s Office prepare formal estimates of RMRA funds, the Department of Finance (DOF) estimates the total amount of funding that will be deposited into the RMRA annually. The California State Association of Counties and the League of California Cities use this information from DOF to develop city and county level estimates of RMRA funds which are available here: California State Association of Counties http://www.counties.org/sb-1-road-repair-and-accountability-act-2017 League of California Cities http://www.californiacityfinance.com/ Each fiscal year, upon receipt of a list of cities and counties that are eligible to receive an apportionment of RMRA funds pursuant to SHC 2032(h)(2) from the Commission, the State Controller is required to apportion RMRA funds to eligible cities and counties consistent with the formula outlined in SHC Section 2103(a)(3)(C)(i) and (ii). It is expected that the State Controller will continuously apportion RMRA funds on a monthly basis to eligible cities and counties using a process and system similar to that of HUTA apportionments. RMRA funding is continuously apportioned and is not provided on a reimbursement basis. The Commission does not approve the projects listed or provide authorization to proceed with RMRA funded projects. The Commission receives project lists, determines they are complete and meet basic statutory requirements outlined in SHC 2034 and then approves and submits a statewide list to the State Controller of cities and counties that are eligible to begin receiving monthly RMRA funding apportionments. 6 III. Eligibility and Funding Program Priorities 7. Eligible Recipients Eligible recipients of RMRA funding apportionments include cities and counties that have prepared and submitted a project list to the Commission each fiscal year pursuant to SHC Section 2034(a)(1) and that have been included in a list of eligible entities submitted by the Commission to the State Controller pursuant to SHC Section 2034(a)(2). Recipients of RMRA apportionments must comply with all relevant federal and state laws, regulations, policies, and procedures. 8. Funding Program Priorities and Example Projects Pursuant to SHC Section 2030(a), RMRA funds made available for the Local Streets and Roads Funding Program shall be prioritized for expenditure on basic road maintenance and rehabilitation projects, and on critical safety projects. SHC Section 2030(b)(1) and (2) provide a number of example projects and uses for RMRA funding that include, but are not limited to, the following: • Road maintenance and rehabilitation. • Safety projects. • Railroad grade separations. • Complete street components, including active transportation purposes, pedestrian and bicycle safety projects, transit facilities, and drainage and stormwater capture projects in conjunction with any other allowable project. • Traffic control devices. • Funds made available by the program may also be used to satisfy a match requirement in order to obtain state or federal funds for projects authorized by this subdivision. Pursuant to Article XIX Section 2(a) of the constitution, the funds shall be used for: “The research, planning, construction, improvement, maintenance, and operation of public streets and highways (and their related public facilities for nonmotorized traffic), including the mitigation of their environmental effects, the payment for property taken or damaged for such purposes, and the administrative costs necessarily incurred in the foregoing purposes.” SHC Section 2030(b)(2) states that funds made available by the program may also be used to satisfy a match requirement in order to obtain state or federal funds for projects authorized by this subdivision. 7 SHC Section 2030(c)-(f) specifies additional project elements that will be incorporated into RMRA-funded projects by cities and counties to the extent possible and cost effective, and where feasible (as deemed by cities and counties). These elements are: • Technologies and material recycling techniques that lower greenhouse gas emissions and reduce the cost of maintaining local streets and roads through material choice and construction method. • Systems and components in transportation infrastructure that recognize and accommodate technologies including but not limited to ZEV fueling or charging and infrastructure-vehicles communications for transitional or fully autonomous vehicles. • Project features to better adapt the transportation asset to withstand the negative effects of climate change and promote resiliency to impacts such as fires, floods, and sea level rise (where appropriate given a project’s scope and risk level for asset damage due to climate change). • Complete Streets Elements (such as project features that improve the quality of bicycle and pedestrian facilities and that improve safety for all users of transportation facilities) are expected to be incorporated into RMRA funded projects to the extent (as deemed by cities and counties) beneficial, cost- effective, and practicable in the context of facility type, right-of-way, project scope, and quality of nearby facilities. Pursuant to SHC Section 2037, a city or county may spend its apportionment of RMRA funds on transportation priorities other than those outlined in SHC Section 2030 if the city’s or county’s average Pavement Condition Index (PCI) meets or exceeds 80. IV. Project List Submittal 9. Content and Format of Project List Pursuant to SHC Section 2034(a)(1), prior to receiving an apportionment of RMRA funds from the State Controller in a fiscal year (funds collected from July 1 to June 30 and apportioned September 1 to August 31), a city or county must submit to the Commission a list of projects proposed to be funded with these funds pursuant to an adopted resolution by the city council or county board of supervisors at a regular public meeting. Each year, a city or county must adopt and submit to the Commission a project list resolution for the upcoming fiscal year’s funds to comply with the eligibility requirements for that fiscal year’s apportionment. Jurisdictions that submit a resolution adopted for a previous fiscal year or that is missing the project list details mandated by SHC Section 2034(a)(1), will not be considered deemed not compliant with statute. Project lists must, at a minimum, include any new projects proposed for the upcoming fiscal year and any projects proposed in a previous fiscal year that will utilize program funds apportioned in the upcoming fiscal year (i.e. multi-year funded projects). 8 In the event an agency chooses to reserve program funds across multiple fiscal years to fully fund a project, the agency must adopt and submit annually a list of proposed projects intended to utilize the program funds. The list must be adopted via resolution by the agency’s governing body (e.g. city council or county board of supervisors) annually. Each city and county is strongly encouraged to provide a copy of their Proposed Project List to their applicable Regional Transportation Planning Agencies and Metropolitan Planning Organizations, once reviewed and accepted by the Commission. Listed below are the specific statutory criteria for the content of the project list along with additional guidance provided to help ensure a consistent statewide format and to facilitate accountability and transparency within the Local Streets and Roads Funding Program. a.) Adopted Resolution All proposed projects must be adopted by resolution by the applicable city council or county board of supervisors at a regular public meeting. Documentation of Inclusion in an Adopted Resolution A city or county must provide a public record which illustrates that projects proposed for each fiscal year’s apportionment of RMRA funding through the Local Streets and Roads Funding Program have been included in a current fiscal year’s adopted resolution by the applicable city council or county board of supervisors at a regular public meeting. An acceptable public record shall include a signed, executed copy of the city or county’s adopted resolution or staff report, that includes the relevant list of projects and required project detail documenting its approval at a regular public meeting. The action taken on the project list resolution should be a standalone action that is specific to the program and must be for the fiscal year in which eligibility is being sought. Jurisdictions are strongly encouraged to adopt the project list resolution as standalone action and should not adopt it as a part of your jurisdiction’s Capital Improvement Plan or Annual Budget adoption. Submittal of an electronic copy of the relevant support documentation (i.e. project list resolution) is required. Support documentation requirements are further discussed in the Local Streets and Roads Funding Program, Annual Funding Eligibility Checklist. b.) List of Projects – Content Pursuant to SHC 2034(a)(1), the project list must include a description and the location of each proposed project, a proposed schedule for each project’s completion, and the estimated useful life of the improvement. The project list is intended to cover, at a minimum, the applicable fiscal year. Cities and counties may include project information for future fiscal years but are expected to update 9 the project list as needed every fiscal year prior to submittal to the Commission. Cities and counties must list projects that will be funded with the apportioned funds for that fiscal year, including those projects to be delivered in future fiscal years for which a city or county is reserving the upcoming fiscal year’s funds. Development and Content The Commission recognizes the inherent diversity of road maintenance and rehabilitation needs among the approximately 539 jurisdictions across the state that may utilize Local Streets and Roads Program funding. Given the emphasis SB 1 places on accountability and transparency in delivering California’s transportation programs, cities and counties are encouraged to clearly articulate how these funds are being utilized through the development of a project list. To promote statewide consistency in the content and format of project information submitted to the Commission, and to facilitate transparency within the Local Streets and Roads Funding Program, the following guidance is provided regarding the key components of the project list. Please note that project lists included in a city or county’s adopted project list resolution should, at a minimum, include the elements mandated by statute: description, location, schedule for completion and useful life. Cities and counties should include more detailed project information as described below in the project list. The project list is to be created and submitted to the Commission using the California Statewide Multi-Modal Application and Reporting Tool (CalSMART). The Local Streets and Roads Funding Program, Annual Eligibility Checklist outlines project list content and format. Project Description The list must include a project description for each proposed project. Each city and county are encouraged to provide a brief non-technical description written so that the main objectives of the project can be clearly and easily understood by the public. The description should clearly inform the public if the project listed is for construction, pre-construction (i.e. environmental, design, right of way, feasibility studies, needs assessments, etc.), or procurement/operational needs as consistent with Article XIX Section 2(a) of the constitution. The level of detail provided will vary depending upon the nature of the project; however, it is highly encouraged that the project description contain a minimum level of detail needed for the public to understand what is being done and why it is a critical or high- priority need. Project Location 10 The list must include a project location for each proposed project. Cities and counties are encouraged to provide project location information that, at a minimum, would allow the public to clearly understand where the project is being undertaken within the community. For example, identifying specific streets or neighborhoods where improvements are being undertaken would allow the public to clearly understand where the project is to take place within the community. If project- specific geolocation data is available, it is highly encouraged to be included in the project list submitted to the Commission. The following describes how location description may appear for each project component being proposed: • Construction and Pre-Construction: Cities and Counties should provide specific project location detail whenever possible. General neighborhoods or project boundaries may be identified when several street segments throughout the jurisdiction will receive the proposed improvements. If project locations are subject to change based on priority need or available funding throughout the year, cities and counties are encouraged to provide the following statement in addition to the location detail, “The following locations identified are subject to be changed”. • Procurement/Operational Needs: Cities and Counties may use city or county-wide for the location description, when the project proposed is not directly tied to a specific location or neighborhood. This could be public works related studies, plans, or the procurement of public works related material or equipment. Proposed Schedule for Completion The list must include a completion schedule for each proposed project. Cities and counties are encouraged to provide a general project timeline, e.g. month and year, to provide a clear picture to the public of when a project is reasonably expected to start and be completed. The proposed schedule for completion should clearly articulate if a project will take place over multiple years. If a project is for Procurement/Operational Needs, at a minimum, the Fiscal Year in which the items are procured, or services are acquired should be provided. Estimated Useful Life The list must include an estimated average useful life for each project proposed, regardless of the component being funded. Do not provide the estimated useful life for each segment or individual improvement to be performed as a part of the total project proposed. Cities and counties are encouraged to provide information regarding the estimated useful life of the project that is clear, understandable, and based on industry-standards for the project materials and design, where applicable. Technology, Climate Change, and Complete Streets Considerations 11 SHC Section 2030(c)-(f) specifies additional project elements that will be incorporated into RMRA-funded projects by cities and counties to the extent possible and cost effective, and where feasible. These elements are: • Technologies and material recycling techniques that lower greenhouse gas emissions and reduce the cost of maintaining local streets and roads through material choice and construction method. • Systems and components in transportation infrastructure that recognize and accommodate technologies including but not limited to ZEV fueling or charging and infrastructure-vehicles communications for transitional or fully autonomous vehicles. • Project features to better adapt the transportation asset to withstand the negative effects of climate change and promote resiliency to impacts such as fires, floods, and sea level rise (where appropriate given a project’s scope and risk level for asset damage due to climate change). • Complete Streets Elements (such as project features that improve the quality of bicycle and pedestrian facilities and that improve safety for all users of transportation facilities) are expected to be incorporated into RMRA funded projects to the extent (as deemed by cities and counties) beneficial, cost- effective, and practicable in the context of facility type, right-of-way, project scope, and quality of nearby facilities. Cities and counties are encouraged to consider all of the above for implementation, to the extent possible, cost-effective, and feasible, in the design and development of projects for RMRA funding. To meet the intent of SHC 2032.5(a) as outlined in Section 2 of these guidelines, in addition to the statutory requirements outlined in Section 10, the standard forms developed by the Commission will allow cities and counties to report on the inclusion of these elements. Other Statutory Considerations for Project Lists Pursuant to SHC Section 2034(a)(1), the project list shall not limit the flexibility of an eligible city or county to fund projects in accordance with local needs and priorities, so long as the projects are consistent with SHC Section 2030(b). After submittal of the project list to the Commission, in the event a city or county elects to make changes to the project list pursuant to the statutory provision noted above, formal notification of the Commission is not required. However, standard reporting forms will provide an opportunity for jurisdictions to annually communicate such changes to the Commission as part of the Annual Expenditure Reporting process. Pursuant to SHC Section 2037, a city or county may spend its apportionment of RMRA funds on transportation priorities other than those outlined in SHC 2030(b) if the city or county’s average Pavement Condition Index (PCI) meets or exceeds 12 80. This provision, however, does not eliminate the requirement for cities and counties to prepare and submit a list of projects or the requirement to consider technology, climate change, and complete streets elements to the extent possible, cost-effective and feasible, in the design and development of projects for RMRA funding. In the event a city or county will spend its apportionment of RMRA funds on transportation priorities other than those outlined in Section 8 of these guidelines and pursuant to SHC 2037, cities and counties are encouraged to work with its respective Regional Transportation Planning Agency or Metropolitan Planning Organization to ensure that projects are included in the applicable Regional Transportation Plan. Should a city or county choose to seek eligibility with the intent of reserving their fiscal year apportionment of RMRA funds for a project to take place in a future fiscal year, an adopted resolution and proposed project list submittal is still required. c.) List of Projects – Standard Format and CalSMART Please note that project lists included in a city or county’s adopted project list resolution should, at a minimum, include the elements mandated by statute: description, location, schedule for completion and useful life elements. Cities and counties should include more detailed project information in the project list submitted to the Commission. To promote statewide consistency of project information submitted to the Commission, a standard project list format and online submittal tool were developed and are further explained in the Local Streets and Roads Funding Program, Annual Eligibility Checklist. CalSMART can be accessed at https://catc.ca.gov/programs/sb1/local-streets-roads-program under the City or County CalSMART Resources tab. 10. Process and Schedule for Project List Submittal A city or county must submit a project list adopted by resolution with supporting documentation to the Commission by July 1st each year. All materials must be provided electronically using CalSMART as outlined in the Local Streets and Roads Funding Program, Annual Eligibility Checklist. 11. Commission Submittal of Eligible Entities to the State Controller’s Office Pursuant to SHC Section 2034(a), a city or county must submit a project list to the Commission to be eligible for the receipt of RMRA funds, and the Commission must report to the State Controller the jurisdictions that are eligible to receive funding. Upon receipt of project lists and support documentation, Commission staff will review submittals to ensure they are complete. Once a project list submittal has been received and deemed 13 complete by staff, the city or county will be added to a list of jurisdictions eligible to receive RMRA funding for that fiscal year as required by SHC Section 2034(a)(2). All proposed project lists submitted by those cities and counties deemed eligible will be posted to the Commission’s website. The list of eligible cities and counties will be brought forward for Commission consideration at a regularly scheduled meeting where staff will request Commission direction to transmit the list to the State Controller. Upon direction of the Commission, staff will transmit the list to the State Controller pursuant to SHC Sections 2034(a)(2) and 2034(a)(4)(B) and the cities and counties included on the list will be deemed eligible to receive RMRA apportionments for that fiscal year pursuant to SHC Section 2034 (a)(1). Upon receipt of the list from the Commission, the State Controller is expected to apportion funds to the cities and counties included on the list pursuant to SHC Sections 2034(a)(3) and 2032(h). In the event a city or county does not provide a complete project list with the required support documentation for Commission consideration and eligibility designation pursuant to the deadline established by these guidelines, cities and counties are expected to work cooperatively with Commission staff to provide any missing information as soon as possible, prior to the established subsequent submittal deadline. Once the completed information is provided in accordance with the subsequent submittal deadline Commission action to establish eligibility will be taken at the next earliest opportunity. V. Annual Project Expenditure Reporting and Auditing 12. Scope of the Annual Project Expenditure Report Pursuant to SHC Section 2034(b), for each fiscal year in which an apportionment of RMRA funds is received and upon expenditure of funds, cities and counties must submit documentation to the Commission detailing the expenditure of those funds on completed and in-progress projects. Information is to include: a description and location of each project, the amount of funds expended on the project, the completion date or anticipated date of completion, and the estimated useful life of the overall improvement performed. The project expenditure reporting process allows for cities and counties to capture actual project outcomes for completed projects that are aggregated statewide. This is the opportunity for cities and counties to report project updates associated with that reporting year’s proposed projects including a project status, project component, and any changes made throughout the year to those listed projects. Listed below are the specific statutory criteria for the content of the annual project expenditure report along with additional guidance provided to help ensure a consistent statewide format to facilitate accountability and transparency within the Local Streets and Roads Funding Program. a.) Annual Project Expenditure Report – Content 14 Development and Content Given the emphasis SB 1 places on accountability and transparency in delivering California’s transportation programs, it is vitally important that cities and counties clearly articulate the public benefit of these funds through the development of a project expenditure report submitted annually. To promote statewide consistency in the content and format of the annual project expenditure information submitted and to facilitate transparency and reporting within the Local Streets and Roads Funding Program, the following guidance is provided regarding the key components of the project expenditure report. The Local Streets and Roads Funding Program, Expenditure Reporting Quick Guide provides examples of project expenditure report content and format. The project expenditure report must cover the full fiscal year and must include updates for all projects that were proposed in the reporting year or in previous years that have yet to be completed. Expenditure information regarding the program funding is to be provided on all projects that have been deemed complete and in-progress at the end of the fiscal year. Completed construction projects are considered complete once they are fully operational with no remaining construction to be performed. The standard form will also request cities and counties to report updates on any project that was neither completed nor in-progress by the end of the reporting period (July 1 to June 30). Updates to projects must include: a status, component identification, project specific details previously reported on (schedule, useful life, etc), and identify the removal from or addition of projects to the list. Apportioned Funds and Fund Balances Cities and Counties are expected to report to the Commission the amount of program funds apportioned to them in the reporting fiscal year. The State Controller’s Office begins disbursing monthly apportionments to eligible cities and counties each September, the final apportionment for the fiscal year is disbursed in August. Any unspent program funds from a prior year will be carried over for reporting purposes and cities and counties are asked to include any interest accrued from the funds apportioned and report on the expenditure of those funds. Funds Expended For the purposes of the Annual Expenditure Report, the report must include the amount of RMRA funds expended. This is defined as the costs incurred as a result of activities performed on each completed and in-progress project during the State Fiscal Year (July 1 – June 30). The RMRA expenditures reported shall be based on services obtained and invoiced, work performed, or goods received within the reporting period. 15 Commission staff consulted with the State Controller’s Office to ensure the reporting period and accounting basis for the Local Streets and Roads Annual Expenditure Report aligns with the Annual Streets and Roads report collected by the State Controller each year. The State Controller identifies the reporting accounting basis as: "Street-related activities recorded in a governmental fund type should be reported on the modified accrual basis of accounting. Street-related activities recorded in a proprietary fund type should be reported on the accrual basis of accounting. Whenever reference is made to the accrual basis in these instructions, it is intended to include both full accrual and modified accrual bases of accounting.” Project Description The report must include a project description for each reported project. Cities and counties are encouraged to provide a brief non-technical description (up to 5 sentences) written so that the main objectives of the project can be clearly and easily understood by the public. The level of detail provided will vary depending upon the nature of the project; however, it is highly encouraged that the project description contains a minimum level of detail needed for the public to understand what work was completed or will be completed in the future. Completed projects will report project deliverables based on a selection of applicable general outcomes with quantifiable metrics that will be aggregated statewide. This method of outcome related data collection should minimize the level of detail needed in the description field streamlining the overall reporting process. The Commission will aggregate all quantifiable data collected in the Annual Project Expenditure Reports for inclusion in the Annual Report to the California Legislature. Project Location The report must include a project location for each completed and in-progress project. Cities and counties are required to provide project location information that, at a minimum, would allow the public to clearly understand where within the community the project was or will be constructed. For example, specific street names where improvements were undertaken, and project termini should be specified. If project-specific geolocation data is available, it is highly encouraged to be included. For completed pre-construction components (i.e. feasibility studies, maintenance program plan and asset management plan development, etc.), or completed procurement/operational needs that would not have the ability to provide specific location detail, “city/county-wide” is acceptable. Actual and Estimated Project Completion Date 16 The report must include the date of completion or expected date of completion for those projects utilizing RMRA funds. For the purposes of the project expenditure report, a construction project is considered complete when it is operational/open to traffic by June 30. Construction contract close-out is not required for the project to be reported as complete. Estimated Useful Life The report must include an estimated useful life for each proposed project in its entirety. Cities and counties are encouraged to provide information regarding the estimated useful life of the project that is clear, understandable, and based on industry-standards for the project materials and design, where applicable. Technology, Climate Change, and Complete Streets Considerations SHC Section 2030(c)-(f) specifies additional project elements that will be incorporated into RMRA-funded projects by cities and counties to the extent possible and cost effective, and where feasible. These elements are: • Technologies and material recycling techniques that lower greenhouse gas emissions and reduce the cost of maintaining local streets and roads through material choice and construction method. • Systems and components in transportation infrastructure that recognize and accommodate technologies including but not limited to ZEV fueling or charging and infrastructure-vehicles communications for transitional or fully autonomous vehicles. • Project features to better adapt the transportation asset to withstand the negative effects of climate change and promote resiliency to impacts such as fires, floods, and sea level rise (where appropriate given a project’s scope and risk level for asset damage due to climate change). • Complete Streets Elements (such as project features that improve the quality of bicycle and pedestrian facilities and that improve safety for all users of transportation facilities) are expected to be incorporated into RMRA funded projects to the extent (as deemed by cities and counties) beneficial, cost- effective, and practicable in the context of facility type, right-of-way, project scope, and quality of nearby facilities. Cities and counties are encouraged to consider all of the above for implementation, to the extent possible, cost-effective and feasible, in the design and development of projects for RMRA funding. In the event that completed projects contain technology, climate change, and complete streets considerations pursuant to SHC 2030(c)-(f). Standard reporting forms developed by the Commission will request cities and counties to report on the inclusion of these elements in RMRA-funded projects. Other Statutory Considerations for Project Expenditure Reports 17 Pursuant to SHC Section 2037, a city or county may spend its apportionment of RMRA funds on transportation priorities other than those outlined in SHC Section 2030(b) if the city’s or county’s average Pavement Condition Index (PCI) meets or exceeds 80. This provision, however, does not eliminate the requirement for cities and counties to prepare and submit a completed project expenditure report or the requirement to consider technology, climate change, and complete streets elements to the extent possible, cost-effective and feasible, in the design and development of projects for RMRA funding. To clearly communicate how RMRA funding is effectively used, the project expenditure report format will provide space for supplementary information to be provided regarding the benefits of RMRA funded projects in addition to the project deliverables and outcomes featured. Cities and counties should report any changes to proposed projects within the reporting period (July 1 to June 30), including why a project(s) was not ultimately funded or was replaced with another project(s). b.) Project Expenditure Report – Standard Format To promote statewide consistency of project information submitted to the Commission, a standardized annual project expenditure reporting format was developed in CalSMART which is further explained in the Local Streets and Roads Funding Program, Expenditure Reporting Quick Guide. Cities and counties are required to use the standard online format created in CalSMART for their annual project expenditure reporting. 13. Process and Schedule for Project Expenditure Report Submittal Completed Project Reports must be developed and submitted to the Commission according to the statutory requirements of SHC Section 2034(b) as outlined above in Section 12. Cities and counties receiving program apportionments must submit an Annual Project Expenditure Report to the Commission by December 1st of each year. The report must be provided electronically using the standard online format provided through CalSMART. 14. Commission Reporting of Project Information Received In order to meet the requirements of SB 1 which include accountability and transparency in the delivery of California’s transportation programs, it is vitally important that the Commission clearly communicate the public benefits achieved by RMRA funds. The Commission intends to articulate these benefits by posting reported project information on the Commission’s website (www.catc.ca.gov), providing project information to the California State Transportation Agency for posting on the Rebuilding California – SB 1 website (www.rebuildingca.ca.gov), and through other reporting mechanisms such as the Commission’s Annual Report to the Legislature. 18 Upon receipt of project expenditure reports, Commission staff will review submittals to ensure they are complete. If any critical project information is missing (i.e. SHC 2034(b) requirements such as project description, location, date of completion, expenditures, and useful life of improvement) Commission staff will notify city/county staff to resubmit the complete report within a specified timeframe. Project detail and related expenditure information reported to the Commission by the cities and counties will be uploaded to the Commission’s website as well as the Rebuilding California – SB 1 website within a month of the program update delivered at the January Commission meeting each year. The Commission will also post a statewide summary of the analyzed and aggregated project expenditure report data collected, which will include the number of projects reported, type of projects reported on, completed project outcomes, and the amount of RMRA funds spent. The statewide summary data will be included in the Commission’s Annual Report to the California State Legislature. In the event a city or county does not provide a project expenditure report by the deadline requested (December 1st each year), absence of the report will be noted on the Commission’s website, in the Annual Report to the Legislature, and will be reported to the State Controller. 15. State Controller Expenditure Reporting and Maintenance of Effort Monitoring This section provides general information regarding the detailed expenditure reporting and maintenance of effort requirements that cities and counties are responsible for demonstrating to the State Controller’s Office. It is important to note that the Commission has no oversight or authority regarding these provisions. Specific guidance should be sought from the State Controller’s Office in these areas. In addition to the RMRA project expenditure reporting requirements outlined in SHC Section 2034(b), SHC Section 2151 requires each city and county to file an annual report of expenditures for street or road purposes with the State Controller’s Office. SHC Section 2153 imposes a mandatory duty on the State Controller’s Office to ensure that the annual streets and roads expenditure reports are adequate and accurate. Additional information regarding the preparation of the annual streets and roads expenditure report is available online in the Guidelines Relating to Gas Tax Expenditures for Cities and Counties issued in March 2019 and maintained by the State Controller’s Office. Expenditure authority for RMRA funding is governed by Article XIX of the California Constitution as well as Chapter 2 (commencing with Section 2030) of Division 3 of the SHC. RMRA funds received should be deposited as follows in order to avoid the commingling of those funds with other local funds: a.) In the case of a city, into the city account that is designated for the receipt of state funds allocated for local streets and roads. 19 b.) In the case of a county, into the county road fund. c.) In the case of a city and county, into a local account that is designated for the receipt of state funds allocated for local streets and roads. RMRA funds are subject to audit by the State Controller pursuant to Government Code Section 12410 and SHC Section 2153. Pursuant to SHC 2036, a city or county receiving an apportionment of RMRA funds is required to sustain a maintenance of effort (MOE) by spending at least the annual average of its general fund expenditures during the 2009– 10, 2010–11, and 2011–12 fiscal years for street, road, and highway purposes from the city’s or county’s general fund, Monitoring and enforcement of the MOE requirement for RMRA funds will be carried out by the State Controller. MOE requirements are fully articulated in statute as follows: Streets and Highways Code Section 2036 (a)Cities and counties shall maintain their existing commitment of local funds for street, road, and highway purposes in order to remain eligible for an allocation or apportionment of funds pursuant to Section 2032. (b)In order to receive an allocation or apportionment pursuant to Section 2032, the city or county shall annually expend from its general fund for street, road, and highway purposes an amount not less than the annual average of its expenditures from its general fund during the 2009–10, 2010–11, and 2011–12 fiscal years, as reported to the Controller pursuant to Section 2151. For purposes of this subdivision, in calculating a city’s or county’s annual general fund expenditures and its average general fund expenditures for the 2009–10, 2010–11, and 2011–12 fiscal years, any unrestricted funds that the city or county may expend at its discretion, including vehicle in-lieu tax revenues and revenues from fines and forfeitures, expended for street, road, and highway purposes shall be considered expenditures from the general fund. One-time allocations that have been expended for street and highway purposes, but which may not be available on an ongoing basis, including revenue provided under the Teeter Plan Bond Law of 1994 (Chapter 6.6 (commencing with Section 54773) of Part 1 of Division 2 of Title 5 of the Government Code), may not be considered when calculating a city’s or county’s annual general fund expenditures. (c)For any city incorporated after July 1, 2009, the Controller shall calculate an annual average expenditure for the period between July 1, 2009, and December 31, 2015, inclusive, that the city was incorporated. (d)For purposes of subdivision (b), the Controller may request fiscal data from cities and counties in addition to data provided pursuant to Section 2151, for the 2009–10, 2010–11, and 2011–12 fiscal years. Each city and county shall furnish the data to the Controller not later than 120 days after receiving the request. The Controller may withhold payment to cities and counties that do not comply with the request for information or that provide incomplete data. (e)The Controller may perform audits to ensure compliance with subdivision (b) when deemed necessary. 20 (1)For any city or county that has not complied with subdivision (b), the Controller shall withhold from its apportionment pursuant to Section 2032 for a fiscal year following an audit an amount up to the amount of funds that the city or county received during the fiscal year that was audited. The amount withheld shall be reapportioned in one annual payment pursuant to paragraph (3). (2)If the amount to be apportioned pursuant to Section 2032 is less than the amount to be withheld pursuant to paragraph (1), the city or county shall reimburse the state for the difference between the amount withheld and the apportionment that was received during the fiscal year that was audited. If the city or county is ineligible for an apportionment pursuant to Section 2032, the city or county shall reimburse the state in an amount equal to the allocation or apportionment it received in the fiscal year that was audited. (3)Any funds withheld or returned as a result of a failure to comply with subdivision (b) shall be reallocated or reapportioned to the other counties or cities whose expenditures are in compliance during the fiscal year that the funds are withheld or returned. The reallocation or reapportionment shall be pursuant to the formula in clauses (i) and (ii) of subparagraph (C) of paragraph (3) of subdivision (a) of Section 2103. (4)The Controller may adopt any rules, regulations, and procedures necessary to carry out the purposes of this section. (f)If a city or county fails to comply with the requirements of subdivision (b) in a particular fiscal year, the city or county may expend during that fiscal year and the following fiscal year a total amount that is not less than the total amount required to be expended for those fiscal years for purposes of complying with subdivision (b). (Amended by Stats. 2019, Ch. 643, Sec. 2. (SB 358) Effective January 1, 2020.) 16. Workforce Development Requirements and Project Signage Pursuant to SHC Section 2038, by July 1, 2023, cities and counties receiving RMRA funds must follow guidelines developed by the California Workforce Development Board that address participation & investment in, or partnership with, new or existing pre- apprenticeship training programs. Cities and Counties receiving RMRA funds will also be eligible to compete for funding from the Board’s pre-apprenticeship development and training grant program that includes a focus on outreach to women, minority participants, underrepresented subgroups, formerly incarcerated individuals, and local residents to access training and employment opportunities. Upon California Workforce Development Board adoption of guidelines and grant funding opportunities in this area, the Commission will update the Local Streets and Roads Funding Program Reporting Guidelines to incorporate this information by reference. To demonstrate to the public that RMRA funds are being put to work, cities and counties should consider including project funding information signage, where feasible and cost- effective, stating that the project was made possible by SB 1 – The Road Repair and Accountability Act of 2017. Project funding information signage specifications are available online at: http://www.dot.ca.gov/trafficops/tcd/pfi.html. 21 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-961 Agenda Date:6/15/2023 Agenda #:1.-Y. 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 JAIRO MATA, Chief Engineering Technician Public Works Department, Land Planning Section SUBJECT RESOLUTION - Approving the Final Map of Tract No. 6212, and accepting dedicated public uses offered therein except for dedications offered subject to City acceptance of developer installed required improvements - located near the southwest corner of North Parc West Drive and North Grantland Avenue (Council District 1) RECOMMENDATION Staff recommends the City Council adopt a resolution approving the Final Map of Tract No. 6212 and accepting the dedicated public uses offered therein, to authorize the Public Works Director or his designee to execute the subdivision agreement on behalf of the City. EXECUTIVE SUMMARY The Subdivider, Lennar Homes of California, have filed for approval, the Final Map of Tract No. 6212, for a 84-lot single-family residential subdivision near the southwest corner of North Parc West Drive and North Grantland Avenue on 17.42 acres. BACKGROUND The Fresno City Planning Commission on December 2, 2020 approved Vesting Tentative Map No. 6212 (Tentative Map) for a 84-lot single-family residential subdivision on 17.42 acres (See attached map). The Tentative Map was approved consistent with the Fresno General Plan to comply with the provisions of the Subdivision Map Act. Tract No. 6212 is the first and last phase. The Final Map is technically correct and conforms to the approved Tentative Map, the Subdivision Map Act and the Fresno Municipal Code. The provisions of Section 66474.1 of the Subdivision Map Act require a final map that is in substantial compliance with the approved tentative map to be approved by the City Council. City of Fresno Printed on 6/20/2023Page 1 of 3 powered by Legistar™ 06/15/2023 NE/MA 7-0 APPROVED ON CONSENT R. 2023-180 File #:ID 23-961 Agenda Date:6/15/2023 Agenda #:1.-Y. The Subdivider has satisfied all other conditions of approval by executing the Subdivision Agreement for Tract No.6212,submitted securities in the total amount of $1,396,000 to guarantee the completion and acceptance of the public improvements and $698,000 for a payment security and has paid the miscellaneous and development impact fees due as a condition of approval for the Final Map in the amount of $460,716.00.Covenants have been executed to defer eligible development impact fees totaling $1,902,506.11 to the time of final occupancy of each unit,for annual CFD-11 assessment notification,acknowledging right-to-farm law,and for special solid waste services for certain lots.The City Attorney’s Office has approved all documents as to form and the Risk Management Division has approved all security bonds and insurance certificates. MAINTENANCE DISTRICT:A condition of approval of the Tentative Map is to maintain the concrete curbs and gutters,valley gutters,sidewalks and curb ramps,and street lighting associated with the Final Map in accordance with the adopted standards of the City.The Subdivider has satisfied the maintenance requirement by annexing the subdivision into the City’s CFD-11 on March 9, 2023. The Subdivider has executed the covenant for Maintenance of Certain Improvements and as a condition of the Subdivision Agreement, is required to provide every prospective purchaser of each lot of the subdivision the “Notice of Special Tax”, in accordance with the provision of Section 53341.5 of the California Government Code. The maximum annual assessment is $721.49 per lot with an annual 2% adjustment or by the rise of the Construction Cost Index (CCI), if it exceeds 2% for the San Francisco Region. The Subdivider has satisfied the public safety requirement by annexing the subdivision into the City’s CFD-18 on April 20, 2023.The maximum annual assessment is $164.00 per lot with an annual 2% adjustment or by the rise of the Construction Cost Index (CCI), if it exceeds 2% for the San Francisco Region. ENVIRONMENTAL FINDINGS Pursuant to CEQA Guidelines Section 15268(b)(3),approval of final subdivision maps is a ministerial action and is exempt from the requirements of CEQA. LOCAL PREFERENCE Local preference was not considered because this resolution does not include a bid or award of a construction or services contract. FISCAL IMPACT The Final Map is located in Council District 1.There will be no impact to the City’s General Fund. Approval by the Council will result in timely deliverance of the review and processing of the Final Map as is reasonably expected by the Subdivider.Prudent financial management is demonstrated by the expeditious completion of this Final Map inasmuch as the Subdivider has paid the City a fee for the processing of this Final Map and that fee is,in turn,funding the respective operations of the Public Works Department. Attachment(s): City of Fresno Printed on 6/20/2023Page 2 of 3 powered by Legistar™ File #:ID 23-961 Agenda Date:6/15/2023 Agenda #:1.-Y. Resolution Final Map of Tract No. 6212 Location Map City of Fresno Printed on 6/20/2023Page 3 of 3 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-948 Agenda Date:6/15/2023 Agenda #: 1.-Z. REPORT TO THE CITY COUNCIL FROM:MIGUEL ARIAS, Councilmember District 3 LUIS CHAVEZ, Councilmember District 5 SUBJECT ***RESOLUTION - Authorizing the Examination of Sales or Transactions and Use Tax Records by the City Attorney and the City Attorney’s Retained Legal Analyst (Subject to Mayor’s Veto). RECOMMENDATION [If more than one recommendation pluralize] EXECUTIVE SUMMARY [Brief, 1-2 paragraphs; information stated here must be expanded in Background section; clear and concise so anyone understands action being requested] BACKGROUND [Include: Any prior history; “City Attorney has reviewed and approved to form,” if applicable; source of funding; appropriate regulation summary information] ENVIRONMENTAL FINDINGS [Include CEQA findings or state N/A] LOCAL PREFERENCE [N/A due to State and Federal money; N/A because it is more than ½ of 1%; or yes, state why] FISCAL IMPACT [Funding source, clarify whether General Fund is or is not impacted; appropriation authority already approved or an AAR is attached; if appropriate explain impact on other projects or timing of funding from other agencies; future obligations] City of Fresno Printed on 6/20/2023Page 1 of 2 powered by Legistar™ 06/15/2023 LC/GB 7-0 R. 2023-181 File #:ID 23-948 Agenda Date:6/15/2023 Agenda #: 1.-Z. Attachment:[If more than one, pluralize] City of Fresno Printed on 6/20/2023Page 2 of 2 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-954 Agenda Date:6/15/2023 Agenda #: 1.-AA. REPORT TO THE CITY COUNCIL FROM:ANNALISA PEREA, Councilmember District MIGUEL ARIAS, Councilmember District 3 SUBJECT ***RESOLUTION - To name the Fresno Regional Fire Training Center (Hayes and Central) as the “Chief Kerri Donis Training Center” (Subject to Mayor’s Veto) City of Fresno Printed on 6/9/2023Page 1 of 1 powered by Legistar™ 06/15/2023 REMOVED & TABLED TO JUNE 22, 2023 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-937 Agenda Date:6/15/2023 Agenda #: REPORT TO THE CITY COUNCIL FROM:SANTINO DANISI, MBA, City Controller/Finance Director Finance Department BY:PHILLIP HARDCASTLE, Principal Accountant - Debt Administration Finance Department SUBJECT Tax Equity and Financial Responsibility Act (TEFRA) public hearing. TEFRA HEARING - To hear and consider information concerning the proposed issuance of tax- exempt bonds by the California Municipal Finance Authority (“CMFA”) for the purpose of financing the acquisition, construction, installation and equipping of Hotel Fresno Apartments (the Project), a multifamily rental housing project located at 1241-1263 Broadway Plaza, Fresno, California 93721. Proceeds of the Bonds will be loaned to Broadway Plaza Family Apartments, LP (the “Borrower”) in partnership with APEC International, LLC (the “Developer”). 1. ***RESOLUTION - 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. (Subject to Mayor’s Veto) RECOMMENDATION Conduct the public hearing under the requirements of TEFRA and the Internal Revenue Code of 1986 as amended (the “Code”), and adopt the resolution approving the issuance of the Bonds by the California Municipal Finance Authority (“CMFA”) for the benefit of Hotel Fresno Apartments (Project) and Broadway Plaza Family Apartments, LP (the “Borrower”) in partnership with APEC International, LLC (the “Developer”), to provide for the financing of the Project, such adoption is solely for the purposes of satisfying the requirements of TEFRA, the Code and the California Government Code Section 6500 (and following).Section 4 of the Joint Exercise of Powers Agreement Relating to the California Municipal Finance Authority. EXECUTIVE SUMMARY The Borrower requested that the CMFA serve as the municipal issuer of the Bonds in an aggregate principal amount not to exceed $20,000,000 of tax-exempt revenue bonds. The proceeds of the Bonds will be used to finance or refinance the acquisition, rehabilitation, improvement and equipping City of Fresno Printed on 6/20/2023Page 1 of 3 powered by Legistar™ 06/15/2023 MA/NE 7-0 R. 2023-182 File #:ID 23-937 Agenda Date:6/15/2023 Agenda #: of the Project, to be operated by FPI Management, Inc. Should the City authorize the issuance of Bonds,the City would have no obligation or liability associated with these facilities or with these obligations. BACKGROUND A TEFRA hearing was held and a resolution approved at a City Council meeting held on November 8, 2018 approving the financing.Another TEFRA hearing was held on April 25,2019 to correct a noticing error.Another TEFRA hearing is required because the project has applied for and received supplemental bond allocation from the State and the previous TEFRA has now expired.All other aspects of the Project remain as they were in the original TEFRA resolution approved on November 8, 2018 and April 25, 2019. The Borrower requested that the CMFA serve as the municipal issuer of the Bonds in an aggregate principal amount not to exceed $20,000,000 of tax-exempt revenue bonds.The proceeds of the Bonds will be used to finance or refinance the acquisition,rehabilitation,improvement and equipping of a 79-unit multifamily rental housing project located at 1241-1263 Broadway Plaza,Fresno, California,generally known as Hotel Fresno Apartments (the “Project”)and operated by FPI Management, Inc. As a public benefit to the community of Fresno,the Borrower will team up with Deep Green Housing and Community Development (“DGHCD”),which is a non-profit organization providing affordable housing and services to the low-income population of Fresno, CA. In order for all or a portion of the Bonds to qualify as tax-exempt bonds,the City of Fresno must conduct a public hearing (the “TEFRA Hearing”)providing members of the community an opportunity to speak in favor of or against the use of tax-exempt bonds for the financing of the Project.Prior to the TEFRA Hearing,reasonable notice must be provided to the members of the community. Following the close of the TEFRA Hearing,an “applicable elected representative”of the governmental unit hosting the Project must provide its approval of the issuance of the Bonds for the financing of the Project. The CMFA was created on January 1,2004 pursuant to a joint exercise of powers agreement to promote economic,cultural and community development,through the financing of economic development and charitable activities throughout California.To date,over 320 municipalities have become members of CMFA. The CMFA was formed to assist local governments,non-profit organizations and businesses with the issuance of taxable and tax-exempt bonds aimed at improving the standard of living in California.The CMFA’s representatives and its Board of Directors have considerable experience in bond financings. ENVIRONMENTAL FINDINGS This item is not a project of the City of Fresno and as such,for purposes of this hearing,the California Environmental Quality Act requirements are not applicable. LOCAL PREFERENCE City of Fresno Printed on 6/20/2023Page 2 of 3 powered by Legistar™ File #:ID 23-937 Agenda Date:6/15/2023 Agenda #: Local preference was not considered because this resolution does not include a bid or award of a construction or service contract. FISCAL IMPACT The City has no obligation or liability associated with the requested financing.The Obligations will not constitute indebtedness or obligation of,and will not involve a pledge of the good faith and credit of the City.The Obligations will be limited obligations of the Issuer payable only from loan repayments to be made to the Issuer from certain funds and accounts established by or pursuant to the bond indenture(s)under which the Obligations will be issued.The Issuer has no taxing power and the issuance of the Obligations will not obligate the State of California or any political subdivision of the State to levy or pledge any form of taxation for the Obligations or to make any appropriation for the payment of the Obligations. Attachment:Resolution TEFRA Notice City of Fresno Printed on 6/20/2023Page 3 of 3 powered by Legistar™ 1 of 4 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, 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 WHEREAS, Broadway Plaza Family Apartments, LP (the Borrower) a partnership of which APEC International, LLC (the Developer) or a related person to the Developer is the general partner, has requested that the California Municipal Finance Authority (the Authority) adopt a plan of financing providing for the issuance of exempt facility bonds for a qualified residential rental project pursuant to Section 142(a)(7) of the Internal Revenue Code of 1986 (the Code) in one or more series issued from time to time, including bonds issued to refund such revenue bonds in one or more series from time to time, and at no time to exceed $20,000,000 in aggregate principal amount (the Bonds), to finance or refinance the acquisition, construction, improvement and equipping of Hotel Fresno Apartments (the Project), a 79-unit multifamily rental housing project located at 1241- 1263 Broadway Plaza, Fresno, California; and WHEREAS, pursuant to Section 147(f) of the Code, the issuance of the Bonds by the Authority must be approved by the City of Fresno (the City) because the Project is located within the territorial limits of the City; and WHEREAS, the City Council of the City of Fresno is the elected legislative body of the City and is the applicable elected representative under Section 147(f) of the Code; and 2 of 4 WHEREAS, the Authority has requested the City Council approve the issuance of the Bonds by the Authority in order to satisfy the public approval requirement of Section 147(f) of the Code and the requirements of Section 4 of the Joint Exercise of Powers Agreement Relating to the California Municipal Finance Authority, dated as of January 1, 2004, (Agreement), among certain local agencies, including the City; and WHEREAS, pursuant to Section 147(f) of the Code, the City Council has, following notice duly given, held a public hearing regarding the issuance of the Bonds, and now desires to approve the issuance of the Bonds by the Authority; and WHEREAS, the City Council understands that its actions in holding this public hearing and in approving this Resolution do not obligate the City in any manner for payment of the principal, interest, fees, or any other costs associated with the issuance of the Bonds and said City Council expressly conditions its approval of this Resolution on that understanding. NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Fresno as follows: 1. The City Council hereby approves the issuance of the Bonds by the Authority for the purposes of financing or refinancing the Project. It is the purpose and intent of the City Council that this Resolution constitute approval of the issuance of the Bonds by the Authority, for the purposes of (a) Section 147(f) of the Code by the applicable elected representative of the governmental unit having jurisdiction over the area in which the Project is located, in accordance with said Section 147(f) and (b) Section 4 of the Agreement. 2. The officers of the City Council are hereby authorized and directed, jointly and severally, to do any and all things and execute and deliver any and all documents, 3 of 4 certificates and other instruments which they deem necessary or advisable in order to carry out, give effect to and comply with the terms and intent of this Resolution and the financing transaction approved hereby. Any actions heretofore taken by such officers are hereby ratified and approved. 3. The City Council expressly conditions its approval of this Resolution on its understanding that the City shall have no obligation whatsoever to pay any principal, interest, fees or any other costs associated with the Authority’s issuance of the Loan for the financing of the Project. 4. This resolution shall be effective upon final approval. 4 of 4 * * * * * * * * * * * * * * STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) I, TODD STERMER, City Clerk of the City of Fresno, certify that the foregoing resolution was adopted by the Council of the City of Fresno, at a regular meeting held on the day of , 2023. AYES : NOES : ABSENT : ABSTAIN : Mayor Approval: , 2023 Mayor Approval/No Return: , 2023 Mayor Veto: , 2023 Council Override Vote: , 2023 TODD STERMER, CMC City Clerk By: Deputy APPROVED AS TO FORM: ANDREW JANZ City Attorney By: Taylor W. Rhoan Date Deputy City Attorney NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on June 15, 2023 at 10:00 a.m., or as soon thereafter as the matter can be heard, a public hearing as required by Section 147(f) of the Internal Revenue Code of 1986 (the “Code”) will be held with respect to a proposed plan of financing providing for the issuance by the California Municipal Finance Authority (the “Authority”) of exempt facility bonds for a qualified residential rental project pursuant to Section 142(a)(7) of the Code in one or more series issued from time to time, including bonds issued to refund such revenue bonds in one or more series from time to time, in an amount not to exceed $20,000,000 (the “Bonds”). The proceeds of the Bonds will be used to: (1) finance or refinance the acquisition, construction, improvement and equipping of Hotel Fresno Apartments, a 79-unit multifamily rental housing project located at 1241- 1263 Broadway Plaza, Fresno, California 93721; and (2) pay certain expenses incurred in connection with the issuance of the Bonds. The facilities are to be owned by Broadway Plaza Family Apartments, LP (the “Borrower”) or a partnership of which APEC International, LLC (the “Developer”) or a related person to the Developer is the general partner. The Bonds and the obligation to pay principal of and interest thereon and any redemption premium with respect thereto do not constitute indebtedness or an obligation of the Authority, the State of California or any political subdivision thereof, within the meaning of any constitutional or statutory debt limitation, or a charge against the general credit or taxing powers of any of them. The Bonds shall be a limited obligation of the Authority, payable solely from certain revenues duly pledged therefor and generally representing amounts paid by the Borrower. The hearing will commence at 10:00 a.m. or as soon thereafter as the matter can be heard, and will be held in the City Council Chambers, City Hall, 2nd Floor, 2600 Fresno Street, Fresno, California. Interested persons wishing to express their views on the issuance of the Bonds or on the nature and location of the facilities proposed to be financed or refinanced may attend the public hearing or, prior to the time of the hearing, submit written comments. Additional information concerning the above matter may be obtained from, and written comments should be addressed to, City Clerk, City of Fresno, 2600 Fresno Street, Room 2133, Fresno, California 93721. CITY OF FRESNO, CALIFORNIA Dated: _________, 2023 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-929 Agenda Date:6/15/2023 Agenda #: REPORT TO THE CITY COUNCIL FROM:JENNIFER CLARK, Director Planning and Development Department THROUGH:SOPHIA PAGOULATOS, Planning Manager Planning and Development Department BY: DREW WILSON, Program Manager PARCS Department SUBJECT Hearing - To consider the adoption of the Central Southeast Area Specific Plan and related Environmental Assessment, State Clearinghouse (SCH No. 2023020138), and related actions: 1. ADOPT the Subsequent Mitigated Negative Declaration, Environmental Assessment No. P22- 00400 dated February 1, 2023 (Exhibit I), prepared pursuant to CEQA Guidelines Section 15162 and 15070 et. Seq. and the Mitigation Monitoring and Reporting Program prepared pursuant to CEQA Guidelines Section 15097. 2. APPROVE Plan Amendment Application P22-00400 which proposes to: a. RESOLUTION - Approving repeal of the Roosevelt Community Plan, pertaining to approximately 15,721 acres (Exhibit N) b. BILL - Approving the repeal of the Butler/Willow Specific Plan, pertaining to approximately 563 acres (Exhibit O) c. RESOLUTION - Approving adoption of the Central Southeast Area Specific Plan and accompanying Planned Land Use Ma (Exhibit P) d. RESOLUTION - Approving adoption of the Planned Land Use Map (Figure LU-1) of the Fresno General Plan to incorporate the land use changes proposed in the Central Southeast Area Specific Plan (Exhibit Q) e. BILL - Approving the rezone of approximately 136 acres of property within the Central Southeast Area Specific Plan area to be consistent with the planned land uses proposed in the Plan (Exhibit R) 3. RESOLUTION - Authorizing the Planning Department Director or her designee to correct any typographical errors and update the text, policies, maps, tables, and exhibits contained in the City of Fresno Printed on 6/9/2023Page 1 of 12 powered by Legistar™ 06/15/2023 CONTINUED TO JUNE 22, 2023 AT 10:05 A.M. File #:ID 23-929 Agenda Date:6/15/2023 Agenda #: Central Southeast Area Specific Plan, the Fresno General Plan, and the Development Code to reflect the final action taken by the Council, to the extent that such updates are necessary to maintain consistency (Exhibit S). RECOMMENDATION 1.ADOPT the Subsequent Mitigated Negative Declaration, Environmental Assessment No. P22- 00400 dated February 1, 2023 (Exhibit I), prepared pursuant to CEQA Guidelines Section 15162 and 15070 et. seq. and the Mitigation Monitoring and Reporting Program prepared pursuant to CEQA Guidelines Section 15097. 2.APPROVE Plan Amendment Application P22-00400 which proposes to: a.RESOLUTION - Approving repeal of the Roosevelt Community Plan, pertaining to approximately 15,721 acres (Exhibit N) b.BILL - Approving the repeal of the Butler/Willow Specific Plan, pertaining to approximately 563 acres (Exhibit O) c.RESOLUTION - Approving adoption of the Central Southeast Area Specific Plan and accompanying Planned Land Use Ma (Exhibit P) d.RESOLUTION - Approving adoption of the Planned Land Use Map (Figure LU-1) of the Fresno General Plan to incorporate the land use changes proposed in the Central Southeast Area Specific Plan (Exhibit Q) e.BILL - Approving the rezone of approximately 136 acres of property within the Central Southeast Area Specific Plan area to be consistent with the planned land uses proposed in the Plan (Exhibit R) 3.RESOLUTION - Authorizing the Planning Department Director or her designee to correct any typographical errors and update the text, policies, maps, tables, and exhibits contained in the Central Southeast Area Specific Plan, the Fresno General Plan, and the Development Code to reflect the final action taken by the Council, to the extent that such updates are necessary to maintain consistency (Exhibit S). EXECUTIVE SUMMARY The proposed project is the adoption of the Central Southeast Area Specific Plan (“Plan”),which includes the repeal of the Roosevelt Community Plan and the Butler/Willow Specific Plan, amendment of the Fresno General Plan,and the rezoning of approximately 136 acres in the Plan Area.This report describes the planning process as well as the key elements of the Plan.The City Council initiated the land use map and guiding principles of the Plan on June 18,2020,and removed some sites from the Plan Area, detailed in City Council Resolution No. 2020-147. BACKGROUND City of Fresno Printed on 6/9/2023Page 2 of 12 powered by Legistar™ File #:ID 23-929 Agenda Date:6/15/2023 Agenda #: Origins:The need for a Specific Plan for the Central Southeast Area emerged from community members who wanted an actionable plan to address a broad array of neighborhood concerns.The last comprehensive planning effort that had been undertaken in the area prior to the update of the General Plan in 2014 was the Specific Plan for the Butler/Willow Area adopted in 1971,and the Roosevelt Community Plan adopted in 1992.$550,000 in Community Development Block Grant (CDBG)funding was allocated in 2017 to finance the specific plan and a related environmental assessment.The boundaries of the specific plan area are within city limits since City of Fresno CDBG funds are not allowed to be spent outside city limits (see Vicinity Map in Exhibit A). Specific Plans:The California Government Code Section 65450 defines Specific Plans and sets out the regulations for their use.Specific Plans systematically implement the Fresno General Plan for all or part of the area under its scope in one of three ways:1)by acting as statements of planning policy that refine the Fresno General Plan policies applicable to a defined area;2)by directly regulating land use,or 3)by bringing together detailed policies and regulations into a focused development scheme.The Plan most closely represents 1 and 2,since it includes new planning policy for the area, and it refines land use by amending the planned land use of a small proportion of property in the area and rezoning said property for consistency. Process:The planning process includes the following steps and was expected to be complete 3 years from the beginning of the process in 2017, however due to the COVID pandemic and other factors, the project was delayed. The process is now in Step 8. 1.Project Kick-off and Existing Conditions Report 2.Initial Community Outreach/ Develop “Big Ideas” 3.Selection of Guiding Principles and Priority Goals and Strategies 4.Recommendation of Proposed Land Use Map 5.Plan Initiation through Planning Commission and City Council 6.Completion of Environmental Assessment and Specific Plan 7.Public Review of Draft Specific Plan and Environmental Assessment 8.Adoption The outreach and participation for the planning process was multifaceted and extensive.It included numerous stakeholder interviews,three community workshops,20 mobile workshops,two surveys and nine (Committee)meetings.All Committee meetings were noticed according to the Brown Act. Hard copies of key documents were placed in the libraries and community centers in the Plan Area. The various components of the outreach process are described below: Stakeholder Interviews.The project team held stakeholder interviews on October 10 and 11,2017 with 16 different groups,which included:resident groups,Fresno Unified School District,Southeast Fresno Community Economic Development Association,religious leaders,Fresno Pacific University, community benefit organizations, and other representatives of stakeholder groups. Community Workshops.The initial phase of the planning process included three community City of Fresno Printed on 6/9/2023Page 3 of 12 powered by Legistar™ File #:ID 23-929 Agenda Date:6/15/2023 Agenda #: Community Workshops.The initial phase of the planning process included three community workshops,held on June 20,July 17,and October 4,2018.They were attended by approximately 65, 75 and 20 persons,respectively.The tasks at the first workshop were to identify issues and opportunities in the Plan Area,as well as community vision and guiding principles;the second workshop invited residents to comment on “Big Ideas”for the Specific Plan and provide input on the Draft Goals and Strategies of the Plan;and the third workshop invited input on the Draft Goals and Strategies.All of the activities provided guidance to the Committee on the development of the Guiding Principles and Proposed Land Use Map (See pages 8-10 and page 36 in Exhibit C,Central Southeast Specific Plan Initiation Report). Mobile Workshops.The project team developed an outreach process designed to overcome common barriers of public participation.Outreach efforts were integrated into established and ongoing community meetings and events.City staff brought mobile workshops to over 20 community group meetings in and near the project area, receiving input from residents. Surveys.Three surveys have been produced and distributed to residents,business owners,and other interested parties.The first survey was aimed at getting an understanding of the community’s view of the project area as well as identifying key issues and desires of the community;the second survey allowed residents to identify where they would like to see more park space;and the third survey was intended to get an initial ranking of the Plan’s goals and strategies.Approximately 255, 175,and 145 individuals responded to the survey,respectively.The results of the survey were shared with the community and the Committee. Steering Committee Meetings.A 15-member steering committee (Committee)made up of neighborhood residents,business owners,and other stakeholders was appointed by Councilmember Chavez.Represented on the committee were community organizations such as Habitat for Humanity, Leadership Counsel for Justice and Accountability,the Fresno Fair,the Fresno Center,Reading and Beyond,Neighborhood Church,and the Southeast Fresno Community Economic Development Association.The Committee’s task was to translate community input into the development of the Proposed Land Use Map and Guiding Principles.The Committee had a series of meetings on Plan- related topics and provided input to the project team.The meetings on Land Use and Goals and Strategies were structured to incorporate community input as decisions were made. Public Review Draft: There were several opportunities for community involvement that followed the release of the Public Review Draft. This included workshops to share key elements of the Plan and to solicit feedback from residents and stakeholders. It should be noted that the COVID-19 pandemic overlapped with this phase, therefore engagement occurred through written communication and online meetings. o 6 topic-based Community Conversations were held in partnership with the West Area Neighborhoods Specific Plan o Several committee meetings announcing the Public Review Draft to various bodies such as the Bicycle Pedestrian Advisory Commission, Fresno Youth Commission, Council District Project Review Committees, etc. Social media was used to share updates and announcements throughout the planning process via the City of Fresno Facebook and Twitter accounts.One radio announcement was made on Punjabi Radio USA to share information about the release of the Draft Specific Plan and the topic-based City of Fresno Printed on 6/9/2023Page 4 of 12 powered by Legistar™ File #:ID 23-929 Agenda Date:6/15/2023 Agenda #: Community Conversations series. Plan documents were featured on a special webpage created for the project ( www.fresno.gov/CentralSoutheastPlan <http://www.fresno.gov/CentralSoutheastPlan> ) and hard copies were placed in the Central Branch Fresno Library and the Mosqueda branch library in the Plan Area. A project liaison was dedicated to answer questions about the Plan and communication materials were routinely provided in English, Spanish, Punjabi, and Hmong. Plan Initiation:After working with the community and stakeholders to develop guiding principles,big ideas,and a proposed land use map,the plan was initiated by the City Council on June 18,2020.As part of the Council motion,the following sites were removed from the project boundary and directed to be incorporated into the boundary of the South Central Specific Plan per Council Resolution No. 2020-147:48005006,48005026S,48005008S,48005009,48005025U,48005003,48005010S, 48005011S,48005012S,48005023U,48005017,48005016,48007053,48007065S,48011014, 48011029S,48011022,48011041S,and 48011042S;and 48006012,48006017S,48006015, 48006003,48001031U,48007051U and 48006002U which were removed from the project boundary through a Director Memo dated May 25,2023.Maps showing the initial plan boundary and the modified plan boundary after removal of these sites are included in Exhibit A. Plan Features: Plan Area.The Specific Plan Area is approximately 2,000 acres just east and southeast of Downtown Fresno and is bounded by Belmont Avenue to the north,Fourth Avenue to the west, Church Avenue to the south,and Peach Avenue to the east.Additionally,the Specific Plan Area is located within the Roosevelt Community Plan area and overlaps a portion of the Butler/Willow Specific Plan area. Relationship to Other Plans. The Central Southeast Specific Plan relates to other Fresno land use plans as follows: Specific Plan for the Butler/Willow Area.The Specific Plan for the Butler/Willow (SPBW)Area was adopted June 15,1971,and was intended primarily to provide a detailed plan for zoning and circulation of the 564-acre area surrounding the Internal Revenue Service Center.The Central Southeast Specific Plan would replace the SPBW but would carry forward any relevant policies. Roosevelt Community Plan.The Roosevelt Community Plan (RCP)was adopted on April 7,1992, and its primary purpose was to address issues and concerns affecting the community as it was experiencing growth.The RCP intended to anticipate the community’s needs and to stimulate the development of well-balanced quality neighborhoods.The Central Southeast Specific Plan would repeal the RCP to avoid overlap and confusion but would carry forward any relevant policies. General Plan.The General Plan,adopted on December 18,2014,created policies and implementation strategies to achieve a long-term vision which emphasizes infill development, complete neighborhoods,and multi-modal transportation.The Central Southeast Specific Plan utilizes the General Plan as its foundation and provides a more defined vision for the Central Southeast Area. Downtown Neighborhoods Community Plan.This plan was adopted on October 20,2016,andCity of Fresno Printed on 6/9/2023Page 5 of 12 powered by Legistar™ File #:ID 23-929 Agenda Date:6/15/2023 Agenda #: Downtown Neighborhoods Community Plan.This plan was adopted on October 20,2016,and abuts the Plan Area to the northwest, but does not overlap it. Active Transportation Plan.The Active Transportation Plan (ATP)was adopted on March 2,2017, and serves as the city’s comprehensive guide for active transportation.The ATP envisions a complete,safe,and comfortable network of trails,sidewalks,and bikeways that serve as a means for people to safely get to their destinations while reducing roadway congestion and vehicle miles travelled and improving the air quality.The population of the Plan Area utilizes several modes of transportation,and the Plan expands on the ATP’s vision of walking and biking in the Central Southeast Area. Parks Master Plan.The Parks Master Plan (PMP)was adopted on December 14,2017,and serves as a community-based vision and road map for planning a complete and functional park system.It examined the General Plan’s goals for park land and determined the amount of acreage needed for the city’s existing and future population.The Plan builds on the PMP by including recommendations on locations for future parks and schools for joint-use agreements. Vision Statement and Guiding Principles.The Vision Statement and Guiding Principles of the Plan were created in conjunction with the Committee (see page 24 of the Plan)and provided the foundation for all elements of the Plan. Big Ideas:The project team conducted a four-day charrette with the Committee and community members to brainstorm strategies that would stimulate positive change in Plan Area.That session helped identify key opportunity or “change”areas and accompanying design concepts that would implement the Specific Plan’s overarching vision and Guiding Principles.These land use concepts,which became known as the “Big Ideas”,were presented at a committee meeting,a community workshop,and several mobile workshops,and further refined based on community feedback.The eight Big Ideas built upon the Vision Statement and Guiding Principles and were used to create key Goals and Strategies for Land Use and Design,Transportation,Public Realm, and Infrastructure. Land Use.Using the Big Ideas and Goals and Strategies approved by the Committee as a basis, a land use map was developed.Proposed changes affect less than 10%of the total Plan Area. These changes were considered and voted on by the Committee at public meetings held on July 30 and August 13, 2019, using a voting rule of a 75% majority. Implementation.The Specific Plan articulates the community’s vision and creates an action-driven framework to transform Plan into a safe,livable,and prosperous community over the next 20 to 30 years.The Next Steps &Funding Chapter (8)outlines how to leverage existing resources, identifies collaborators,new funding sources,mechanisms,and innovative partnerships.The chapter outlines the community’s priorities,next steps,and potential funding and financing strategies to implement the Plan’s recommended improvements and programs. Public Comment on the Plan April 2021 Public Draft.The public draft of the Plan was released on April 8,2021,for a 90-day public comment period closing on July 8,2021.Four comment submissions were received,with a total of 54 discrete comments.Staff reviewed each submission,summarized the discrete comments,and provided responses to each comment.These comments and responses are City of Fresno Printed on 6/9/2023Page 6 of 12 powered by Legistar™ File #:ID 23-929 Agenda Date:6/15/2023 Agenda #: recorded in the Comment Summary Matrix (see Exhibit F). Redline Summary.All changes made to the Public Draft are recorded in the Redline Summary document (see Exhibit G). Fresno General Plan Consistency The Government Code requires consistency between a General Plan and a Specific Plan.Since the Specific Plan contains proposed land uses that are different than those on the Fresno General Plan Land Use Map (Figure LU-1)for approximately 7 percent of the Plan Area,a Fresno General Plan Amendment is proposed to ensure land use consistency between both plans.In terms of policy,the Central Southeast Specific Plan is a refinement of the Fresno General Plan that includes goals and strategies that reflect the needs and desires of residents and stakeholders. These goals and strategies are found to be consistent with those of the Fresno General Plan. Consistency with key Elements is discussed below. Economic Development.This General Plan Element focuses on a balanced economic strategy for the city.The Specific Plan can be found to be consistent with,and help implement,the following Objectives: -Objective ED-1: Support economic development by maintaining a strong working relationship with the business community and improving the business climate for current and future businesses. -Objective ED-2: Support local business start-ups and encourage innovation by improving access to resources and capital and help overcome obstacles hampering economic development. -Objective ED-3: Attract and recruit businesses and offer incentives for economic development. -Objective ED-4: Cultivate a skilled, educated, and well-trained workforce by increasing educational attainment and the relevant job skill levels in order to appeal to local and non- local businesses. The Specific Plan seeks to increase the development of local uses that will help residents meet their daily needs.This includes local-serving retail and healthcare options (see ED-1,ED-2,PH-1, and PH-2 and related Strategies). Urban Form, Land Use, and Design. This General Plan Element envisions the Specific Plan Area to develop with Complete Neighborhoods that are integrated via multimodal infrastructure and transit.Complete Neighborhoods are a core value and goal of the Fresno General Plan,and this is carried into the Specific Plan as well. -Objective UF-1:Emphasize the opportunity for a diversity of districts,neighborhoods, and housing types. -Objective UF-2:Enhance the unique sense of character and identity of the different subareas of the Downtown neighborhoods. -Objective UF-14:Create an urban form that facilitates multi-modal connectivity. City of Fresno Printed on 6/9/2023Page 7 of 12 powered by Legistar™ File #:ID 23-929 Agenda Date:6/15/2023 Agenda #: -Objective LU-7:Plan and support industrial development to promote job growth. -Objective LU-8:Provide for the development of civic and institutional land uses to meet the educational, medical, social, economic, cultural, and religious needs of the community. The Specific Plan aligns future land uses and the built environment to the needs of the community.The proposed land use and design recommendations in the Specific Plan aim to expand opportunities for a variety of housing types that accommodate residents of all income groups,ages,and at different stages of their lives (see LU-1,LU-3,LU-4,LU-6,LU-7,LU-9,and related Strategies).It looks to provide spaces for businesses to grow through a variety of development types to create vibrant centers of commercial and community activity connected to the neighborhoods and downtown (see LU-1,LU-2,LU-3,LU-5,and related Strategies).New mixed-use development is envisioned on most opportunity sites in the Plan Area,accented by new connections,improved public spaces,and enhanced streetscapes (see LU-1,LU-2,LU-8,LU -9, and related Strategies). Mobility and Transportation.This General Plan Element envisions a multi-modal transportation system and complete streets that serve all city residents.The Specific Plan maintains this vision where a top priority is roadway improvement (including sidewalk, curb, gutter, and bike lanes). -Objective MT-1:Create and maintain a transportation system that is safe,efficient, provides access in an equitable manner, and optimizes travel by all modes. -Objective MT-2:Make efficient use of the City’s existing and proposed transportation system and strive to ensure the planning and provision of adequate resources to operate and maintain it. -Objective MT-4:Establish and maintain a continuous,safe,and easily accessible bikeways system throughout the metropolitan area to reduce vehicle use,improve air quality and the quality of life, and provide public health benefits. -Objective MT-5:Establish a well-integrated network of pedestrian facilities to accommodate safe,convenient,practical,and inviting travel by walking,including for those with physical mobility and vision impairments. -Objective MT-6:Establish a network of multi-purpose pedestrian and bicycle paths,as well as limited access trails,to link residential areas to local and regional open spaces and recreation areas and urban Activity Centers in order to enhance Fresno’s recreational amenities and alternative transportation options. -Objective MT-9:Provide public transit opportunities to the maximum number and diversity of people practicable in balance with providing service that is high in quality, convenient, frequent, reliable, cost effective, and financially feasible. Throughout the planning process, it became clear that safe, convenient access to transit, cycling and walking were a high priority for the community. The Central Southeast neighborhood has five arterials and a network of wide collector streets that present obstacles to walking and biking (see T-1, T-2, T-3, T-4, T-5, T-6, T-7, T-9, and related Strategies). Parks, Open Space and Schools. This General Plan Element contains standards for acres of parkland per population and contains policies that support urban greening and walkable access to parks. City of Fresno Printed on 6/9/2023Page 8 of 12 powered by Legistar™ File #:ID 23-929 Agenda Date:6/15/2023 Agenda #: -Objective POSS-1:Provide an expanded, high quality and diversified park system, allowing for varied recreational opportunities for the entire Fresno community. -Objective POSS-2:Ensure that adequate land, in appropriate locations, is designated and acquired for park and recreation uses in infill and growth areas. -Objective POSS-3:Ensure that park and recreational facilities make the most efficient use of land; that they are designed and managed to provide for the entire Fresno community; and that they represent positive examples of design and energy conservation. -Objective POSS-9:Work with California State University, Fresno, and other institutions of higher learning in Fresno, to enhance the City’s workforce, job creation, and economic development, as well as its image and desirability as a place to live. Parks and open spaces play a critical role in the sustainability and health of the community by providing a focal point for community activities, recreation, and social interaction. Throughout the planning process, it became clear that access to quality parks, open spaces, and recreational amenities are a top priority for the community. While existing parks in the Plan Area are well-used and cherished, new parks and open space are needed to meet the goal of ensuring that every resident is within walking distance of a park. The Plan analyzes parks in the Plan Area with the same standards as the Fresno General Plan and includes policies to address the need (see P-1 and P-3 and related Strategies). Healthy Communities. This General Plan Element focuses on the relationships between the built, natural, and social environments and community health and wellness outcomes, such as death, chronic disease, and the effects of drug abuse and crime. -Objective HC-2:Create complete, well-structured, and healthy neighborhoods and transportation systems. -Objective HC-3:Create healthy, safe, and affordable housing. -Objective HC-4:Improve property maintenance. -Objective HC-5:Promote access to healthy and affordable food. -Objective HC-6:Improve access to schools and their facilities for the community. A core value of the Specific Plan is to create Complete Neighborhoods, with access to daily needs such as healthy groceries, parks, and efficient and active transportation systems- all within one’s own neighborhood (see LU-1, LU-2, LU-3, LU-5, ED-2, PH-1, PH-2, PH-3, E-1, CE-1, and related Strategies). The Plan also calls for the development of a variety of housing types that accommodate residents of all income groups, ages, and at different stages of their lives (see LU- 1, LU-3, LU-4, LU-6, LU-7, LU-9, and related Strategies). Housing Element. This General Plan Element includes objectives, policies, and programs to provide safe and affordable housing for all segments of the community. -Objective H-1:Provide adequate sites for housing development to accommodate a range of housing by type, size, location, price, and tenure. The Specific Plan also calls for the development of a variety of housing types that accommodate residents of all income groups, ages, and at different stages of their lives (see LU-1, LU-3, LU-4, LU-6, LU-7, LU-9, and related Strategies). City of Fresno Printed on 6/9/2023Page 9 of 12 powered by Legistar™ File #:ID 23-929 Agenda Date:6/15/2023 Agenda #: In addition to Fresno General Plan consistency, the Government Code requires that findings be made for any proposed land use changes on housing element sites. Specifically, Section 65863 (b) of the Government Code states that no city shall reduce or permit the reduction of the residential density for any parcel at a lower residential density, unless it can make written findings that both of the following are true: 1.The reduction is consistent with the adopted Fresno General Plan; and 2.The remaining sites identified in the housing element are adequate to accommodate the jurisdiction’s share of the regional housing need allocation (RHNA). The proposed changes on housing element sites are consistent with the Fresno General Plan because the adoption of the Plan also includes a Fresno General Plan Amendment to align planned land uses and make them consistent. In addition, the Plan is consistent with Fresno General Plan and Housing Element goals, policies and objectives as noted above. The net overall change in housing capacity results in a capacity loss in the 16-30 dwelling units per acre (du/ac) very low/low-income category of 22 units; a net capacity gain in the 12-16 du/ac moderate income category of 214 units, and a capacity loss of 89 units in the 0-12 du/ac above moderate-income category. In the 16-30 du/ac category, the Housing Element Sites Inventory includes 6,340 dwelling units of excess capacity beyond the Regional Housing Needs Allocation (RHNA) of 8,834 dwelling units. The reduction of the 16-30 du/ac category results in remaining capacity of 6,318 dwelling units which exceeds the RHNA amount. Therefore, both findings above can be made (see Exhibit K). Housing Crisis Act of 2019 (SB 330) Senate Bill (“SB”) 330, also known as the Housing Crisis Act of 2019 is a housing-related bill that went into effect on January 1, 2020, and will remain in effect through January 1, 2030. One of the applicable provisions of this legislation, as it relates to Plan Amendments and Rezoning, includes limitations wherein an affected City (which includes the City of Fresno) cannot change land use or zoning designations, nor alter the intensity of existing land use designations or zone districts, in a manner that reduces housing capacity below the capacity that was available on January 1, 2018; unless there is a concurrent increase of capacity elsewhere within the city (i.e. corresponding up- zone) that ensures there is no net loss of housing capacity. The land use changes proposed by the Plan would result in a housing capacity increase of 2,316 housing units. Council District Project Review Committees The Plan Area includes Council Districts 5 and 7. The Plan was presented to the Project Review Committee of District 5, but not District 7 due to no active committee. The Council District 5 Project Review Committee reviewed the Plan on June 12, 2023, and voted (yes: 3 | no: 0 | abstain: 0 | absent: 1) to recommend approval of the project. Planning Commission:At a special meeting on May 31, 2023, the Planning Commission voted (yes: 5 | no: 0 | abstain: 0 | absent: 2) to recommend approval of the Plan. See Exhibit M for the Planning Commission Resolutions. Airport Land Use Commission. The Plan was considered by the Airport Land Use Commission at its regularly scheduled meeting on June 5, 2023. After deliberations, the ALUC found the project consistent with the Airport Land Use Consistency Plan by a unanimous vote. City of Fresno Printed on 6/9/2023Page 10 of 12 powered by Legistar™ File #:ID 23-929 Agenda Date:6/15/2023 Agenda #: Notice of City Council Hearing The City Council hearing was noticed in the Fresno Bee pursuant to Section 15-5007-d of the Fresno Municipal Code (see Exhibit L). Courtesy notices were mailed to residents and property owners with proposed or requested land use changes. ENVIRONMENTAL FINDINGS The environmental analysis contained in the Initial Study and Mitigated Negative Declaration No.P22 -00400 (Exhibit I)is tiered from Program Environmental Impact Report (EIR)SCH No.2019050005 prepared for the Fresno General Plan Update (PEIR),certified in 2021.The Project has been determined to be a subsequent project that is not fully within the scope of PEIR SCH No. 2019050005 prepared for the Fresno General Plan. Pursuant to Public Resources Code Section 21094 and California Environmental Quality Act (CEQA) Guidelines Section 15168(d),this Project has been evaluated with respect to each item on the attached environmental checklist to determine whether this project may cause any additional significant effect on the environment which was not previously examined in the PEIR. This completed environmental impact checklist form and its associated narrative reflect applicable comments of responsible and trustee agencies and research and analysis conducted to examine the interrelationship between the proposed project and the physical environment.The information contained in the Project application and its related environmental assessment application,responses to requests for comment,checklist,initial study narrative,and any attachments thereto,combine to form a record indicating that an initial study has been completed in compliance with the State CEQA Guidelines and the CEQA. All new development activity and many non-physical projects contribute directly or indirectly toward cumulative impacts on the physical environment.It has been determined that the incremental effect contributed by this Project toward cumulative impacts is not considered substantial or significant in itself,and/or that cumulative impacts accruing from this project may be mitigated to less than significant with application of feasible mitigation measures. Based upon the evaluation guided by the environmental checklist form,it was determined that there are no foreseeable substantial impacts from the Project that are additional to those identified in the Fresno General Plan PEIR.The completed environmental checklist form indicates whether an impact is potentially significant, less than significant with mitigation, less than significant, or no impact. The Initial Study has concluded that the Project will not result in any adverse effects which fall within the "Mandatory Findings of Significance"contained in Section 15065 of the CEQA Guidelines.The finding is,therefore,made that the Project will not have a significant adverse effect on the environment. The Environmental Assessment was released on February 3,2023,for a 30-day public comment period closing on March 6,2023,and then extended to conclude on April 21,2023.Four comment submissions were received.The comments focused on the need for future projects to identify potential contamination on sites in the Plan Area;water runoff capacity for new development in the Plan Area; and clarification Public Comment Period timing. City of Fresno Printed on 6/9/2023Page 11 of 12 powered by Legistar™ File #:ID 23-929 Agenda Date:6/15/2023 Agenda #: LOCAL PREFERENCE N/A - No purchasing FISCAL IMPACT N/A - No expenditures ATTACHMENTS: Exhibit A -Vicinity Map and Plan Boundaries Exhibit B -Maps of the Roosevelt Community Plan Area & Butler/Willow Specific Plan Area Exhibit C -Proposed Planned Land Use Map Exhibit D -Proposed Changes to General Plan Planned Land Use Map Exhibit E -Proposed Changes to the Zoning Map Exhibit F -Central Southeast Area Specific Plan Public Review Draft Exhibit G -Central Southeast Area Specific Plan Redline Draft Exhibit H -Comment Summary Matrix & Comment Letters Exhibit I -Environmental Assessment & Comment Letters Exhibit J -Fresno Municipal Code Findings Exhibit K -Housing Element Findings Exhibit L -Fresno Bee Notice Exhibit M -Planning Commission Resolutions Exhibit N -Resolution Approving Plan Amendment (Repeal) Exhibit O -Ordinance Approving Repeal Exhibit P-Resolution Approving Plan Amendment (adopt) Exhibit Q -Resolution Approving Plan Amendment (amend) Exhibit R -Ordinance Approving Rezone Exhibit S -Resolution Authorizing Planning & Development Director to Make Updates Exhibit T -Presentation City of Fresno Printed on 6/9/2023Page 12 of 12 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-641 Agenda Date:6/15/2023 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. RECOMMENDATION Staff recommends that the City Council take the following actions: 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. ADOPT 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 - City of Fresno Printed on 6/14/2023Page 1 of 15 powered by Legistar™ 06/15/2023 CONTINUED TO JUNE 22, 2023 AT 10:10 A.M. File #:ID 23-641 Agenda Date:6/15/2023 Agenda #: General (±1.23 acres); and, 3.INTRODUCE AND ADOPT BILL -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. EXECUTIVE SUMMARY Roger Hurtado of Centerline Design,LLC,on behalf of Valley Health Team,Inc.has filed Plan Amendment/Rezone Application No.P22-00507 and related Development Permit Application No. P22-00505 pertaining to six (6)parcels totaling approximately ±1.23 acres located west of North Sugar Pine Avenue between West Fir and West Beechwood Avenues. Plan Amendment Application No.P22-00507 proposes to amend the Fresno General Plan,Bullard Community Plan,and Pinedale Neighborhood Plan to change the planned land use designations for the subject property from Residential -Medium Density (±1.23 acres)to Commercial -General (±1.23 acres). The rezone application component proposes 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 Commercial -General (±1.23 acres)zone district in accordance with the Plan Amendment Application. Related Development Permit Application No.P22-00505 requests to construct an 11,664-square-foot, single-story medical clinic.The project proposes on and off-site improvements including but not limited to:two (2)points of ingress and egress;curbs,gutters,and sidewalks;landscaping;and guest and employee parking.The project will also require the construction of public facilities and infrastructure in accordance with the standards,specifications,and policies of the City of Fresno. Under the current planned land use and zone district of Residential -Medium Density,the proposed use as a medical office would be prohibited.Under the proposed Commercial -General planned land use and zone district, the proposed use would be permitted by right. On March 1,2023,the Planning Commission considered the items as presented by staff in accordance with Fresno Municipal Code (FMC)Section 15-5808.Two (2)members of the public spoke on the project during the hearing.After a complete hearing,the Planning Commission voted and recommended the City Council adopt the environmental assessment and approve the plan amendment & rezone and development permit applications 6 votes to 0. The City Council is considering this project pursuant to FMC Section 15-5810,which requires a City Council Hearing and Action for plan amendment and rezone applications. BACKGROUND Plan Amendment and Rezone Application No.P22-00507 and related Development PermitCity of Fresno Printed on 6/14/2023Page 2 of 15 powered by Legistar™ File #:ID 23-641 Agenda Date:6/15/2023 Agenda #: Plan Amendment and Rezone Application No.P22-00507 and related Development Permit Application No.P22-00505 were filed by Roger Hurtado of Centerline Design,LLC,on behalf of Valley Health Team,Inc.and pertains to six (6)contiguous parcels totaling approximately ±1.23 acres located west of North Sugar Pine Avenue between West Fir and West Beechwood Avenues. Surrounding Property Information Plan Amendment and Rezone Application No.P22-00507 and related Development Permit Application No.P22-00505 were filed by Roger Hurtado of Centerline Design,LLC,on behalf of Valley Health Team,Inc.and pertains to six (6)contiguous parcels totaling approximately ±1.23 acres located west of North Sugar Pine Avenue between West Fir and West Beechwood Avenues. Surrounding Property Information The project site is in an area generally characterized by a mix of existing land uses including Public Facilities (north),residential (south),commercial (east),residential (west).Furthermore,surrounding properties are planned and zoned for a mix of land uses which include Public Facility -Elementary School (north),Residential -Medium Density (south),Corridor -Center Mixed Use (east),and Residential -Medium Density (west).Properties located further to the south and southwest are planned for Commercial -General.Properties located further to the east are planned for Commercial -Regional.Additional surrounding property information such as the existing and planned land use designations,as well as the existing zoning districts surrounding the subject property can be found in Exhibits B, C, D, & E. Project Description The project proposes to develop an 11,664-square-foot,28-foot-tall single-story medical clinic.The project proposes on and off-site improvements including but not limited to:two (2)points of ingress and egress;curbs,gutters,and sidewalks;landscaping;and employee and guest parking.The project will also require the demolition of two (2)existing on-site structures,which include a 923 square-foot single-family dwelling unit and 464 square-foot detached garage,and the construction of public facilities and infrastructure in accordance with the standards,specifications,and policies of the City of Fresno. Proposed Building Design and Operations The proposed facility is anticipated to serve an estimated 5,000 unduplicated patients and provide 21,450 patient visits per year or 82 clients per day.Services to be provided also include telemedicine which will account for 25%(or 20+/-patients)of all client visits.Valley Health Team anticipates that 40-50%of patient visits will consist of residents from within the Pinedale community and students from Pinedale Elementary School. The project is anticipated to employ approximately 40 staff members including providers and support staff at the site.The proposed hours of operations are Monday through Friday,from 8:00 a.m.to 6:00 p.m.based on demand,the proposed health center may offer expanded hours in the evenings to 8:00 p.m.and on Saturdays.An Urgent Care component may also be provided seven (7)days a week from 8:00 a.m. to 9:00 p.m. with a reduced staff, provided the demand for the service exists. The health center will meet OSHPD3 requirements and will accommodate exam,treatment,labs,x-City of Fresno Printed on 6/14/2023Page 3 of 15 powered by Legistar™ File #:ID 23-641 Agenda Date:6/15/2023 Agenda #: The health center will meet OSHPD3 requirements and will accommodate exam,treatment,labs,x- ray,behavioral health,dental and other rooms and offices.The health center will provide outpatient services in family medicine,internal medicine,pediatrics,perinatal care,gynecology,nutrition and health education,behavioral health,dentistry,diagnostic lab and x-ray,referral services for women, infants and children. Additionally, chiropractic and podiatry dispensing services will be offered. The proposed project would also include a six-foot concrete masonry unit (CMU)wall and landscape buffer along the western project site boundary. Vehicular access to the project site would be provided through two (2)new drive approaches located along West Beechwood Avenue and North Sugar Pine Avenue.Vehicle circulation within the project site would be provided by a network of two-way,27-foot-wide driveways.The proposed project would include 56 vehicle parking spaces,including two (2)accessible parking stalls,one (1)van accessible parking stall,and six (6)stalls in the future would be designated for electric vehicle charging stations. In addition,the proposed project would provide six (6)bicycle parking spaces,including three (3)long -term bicycle lockers and three short-term bicycle racks. Existing Land Use and Zoning The subject property is located within the boundaries of the Fresno General Plan,Bullard Community Plan,Pinedale Neighborhood Plan,and the Fresno County Airport Land Use Compatibility Plan (ALUCP).These plans designate the subject ±1.23-acre property for Residential -Medium Density planned land uses.The existing underlying RS-5 (Residential Single Family,Medium Density)zone district is consistent with the Residential - Medium Density planned land use designation. Based upon the existing residentially planned land use density and acreage allocations currently designated by the Fresno General Plan,the subject property is currently expected to yield approximately 6 - 14 dwelling units. According to the Fresno General Plan,Medium Density Residential is intended for areas with predominantly single-family residential development,but can also accommodate a mix of housing types,including small-lot starter homes,zero-lot line developments,duplexes,and townhomes. Under the current planned land use designation and zone district of Residential -Medium Density, the proposed medical facility would be prohibited.Therefore,the subject Plan Amendment and Rezone Application (P22-00507)is required to change the existing zoning and land use to a district in which this use is permissible to facilitate the proposed development. Proposed Land Use and Zoning Plan Amendment Application No.P22-00507 proposes to amend the Fresno General Plan and Pinedale Specific Plan to change the planned land use designations for the subject property from Residential -Medium Density (±1.23 acres)to Commercial -General (±1.23 acres).The rezone application component proposes 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)zone district in accordance with the Plan Amendment Application.The proposed underlying CG zone district is consistent with the proposed Commercial - General planned land use designation. The Commercial -General planned land use designation and zoning classification accommodates aCity of Fresno Printed on 6/14/2023Page 4 of 15 powered by Legistar™ File #:ID 23-641 Agenda Date:6/15/2023 Agenda #: The Commercial -General planned land use designation and zoning classification accommodates a range of retail and service uses that are not appropriate in other areas because of higher volumes of vehicle traffic and potential impacts on other uses.Examples of allowable uses include:building materials,storage facilities with active storefronts,equipment rental,wholesale businesses,and specialized retail not normally found in shopping centers.The focus of district development standards is to ensure structures fit into the surrounding development pattern and architectural or traffic conflicts are minimized. Article 67 of the Fresno Municipal Code (FMC)provides use classifications which describe one or more uses of land having similar characteristics (e.g.residential uses,commercial uses,industrial uses,etc.),but do not list every use or activity that may appropriately be within the classification. Pursuant to FMC Section 15-6704 (Commercial Use Classifications),the proposed use would be classified as offices,Medical and Dental.Office uses providing consultation,diagnosis,therapeutic, preventive,or corrective personal treatment services by doctors,dentists,medical and dental laboratories,and similar practitioners of medical and healing arts for humans licensed for such practice by the State of California.Incidental medical and/or dental research within the office is considered part of the office use, where it supports the on-site patient services. Pursuant to Table 15-1202 (Land Use Regulations -Commercial Districts)of the FMC,Office uses, which includes Medical and Dental,are permitted “by right”in the CG zone district and not subject to specific limitations or additional regulations for special uses pursuant to Article 27 of the FMC. Therefore,if approved,the project (Development Permit Application No.P22-00505)would be considered consistent with the proposed planned land use and zoning classification of Commercial - General. Housing Crisis Act of 2019 (SB 330) On October 9,2019,Governor Newsom signed Senate Bill (“SB”)330 enacting the “Housing Crisis Act of 2019.”This housing bill was effective starting January 1,2020 and later amended through the adoption of Senate Bill 8 (SB 8),effective January 1,2022 and will therefore remain in effect through January 1,2030.One of the applicable provisions of this legislation,as it relates to Plan Amendments and Rezoning,includes limitations wherein an affected City (which includes the City of Fresno) cannot change the general plan land use designation,specific plan designation,or zoning to a less intensive use,or reduce the intensity of an existing land use designation or zone district,below the density/intensity that was in effect on January 1,2018;unless,the City concurrently increases density within its plans elsewhere within the City (i.e.corresponding up-zone)to ensure the total number of available residential units remain the same,resulting in no net loss of residential development capacity.Pursuant to SB 8,“concurrently,”was amended to be defined as follows:the action is approved at the same meeting of the legislative body;the action is approved at the same meeting of the legislative body or,if the action that would result in a net less or residential capacity is requested by an applicant for a housing development project,within 180 days;and the action is included in the initiative in a manner that ensures the added residential capacity is effective at the same time as the reduction in residential capacity. In this case,the subject area of ±1.23 acres is proposing a land use change from Residential - Medium Density to Commercial -General.The maximum density allowed in the Residential -Medium Density planned land use designation is 12 dwelling units per acre.Therefore,the proposed plan amendment and rezone application would result in a reduction of residential development capacity of 14 dwelling units;unless,a separate Plan Amendment/Rezone application that will increase the totalCity of Fresno Printed on 6/14/2023Page 5 of 15 powered by Legistar™ File #:ID 23-641 Agenda Date:6/15/2023 Agenda #: 14 dwelling units;unless,a separate Plan Amendment/Rezone application that will increase the total number of residential units elsewhere in the City is concurrently approved by the City Council on the same day as the subject application (resulting in no net loss in residential capacity). In accordance with SB 330 and SB 8,an affected city (including Fresno)cannot enact a change in the General Plan or Specific Plan designation or zoning to a less intensive use or reduce residential density below January 2018 levels without a concurrent up-zone.These are matters subject to Council Resolution and Ordinance.Therefore,it must be demonstrated that the proposed project will not result in a net loss prior to Council action. The applicant has not submitted an application for a separate Plan Amendment and Rezone that would offset the loss of potential dwelling units for the subject area,consistent with SB 330.For purposes of this project complying with the provisions of SB 330 and SB 8,the City Council must “concurrently”approve a separate proposal or initiative that would offset the loss of potential dwelling units for the subject site in order to be consistent with SB330 & SB 8. ANALYSIS Traffic & Circulation The Project site has three (3)existing street frontages;West Fir Avenue to the North,North Sugar Pine Avenue to the East,and West Beechwood Avenue to the South.The Fresno General Plan Circulation Element designates these roadways (West Fir Avenue,North Sugar Pine and West Beechwood Avenue) as local streets. The project will include frontage improvements including but not limited to two (2)points of ingress and egress,curbs,gutters,and sidewalks.The proposed project is located within Traffic Impact Zone III pursuant to Figure MT-4 of the Fresno General Plan,which generally represents areas near or outside the City Limits but within the Sphere of Influence (SOI)as of December 31,2012.The threshold established by the Fresno General Plan in TIZ III is Level of Service “D”representing a high -density, but stable flow. In accordance with Fresno General Plan Policy MT-2-I,given that the project includes a General Plan amendment,a Traffic Impact Study (TIS)is required.However,the project site and surrounding area already has appropriate multi-modal infrastructure improvements.As such,the City Traffic Engineer determined that a trip generation comparison would suffice in lieu of a TIS.A Trip Generation Analysis (TGA)was prepared by JLB Traffic Engineering,Inc.dated April 8,2022 (Exhibit N)to evaluate the potential difference in traffic generation. As identified in the TGA,vehicle trips and generation rates projected to be generated by the proposed project were calculated using the Institute of Traffic Engineers (ITE)Trip Generation Manual, 10th Edition. Based upon the existing residentially planned land use density and acreage allocations currently designated by the Fresno General Plan,the subject property (if it were to be developed with single family residences)is anticipated to generate approximately 104 Average Daily Trips (ADT)with 8 vehicle trips occurring during the morning (7 to 9 a.m.)peak hour travel period and 11 vehicle trips occurring during the evening (4 to 6 p.m.) peak hour travel period. City of Fresno Printed on 6/14/2023Page 6 of 15 powered by Legistar™ File #:ID 23-641 Agenda Date:6/15/2023 Agenda #: Based upon the proposed change in land use from Residential -Medium Density to Commercial - General,at full buildout the proposed project is projected to generate 406 Average Daily Trips (ADT) with 32 vehicle trips occurring during the morning (7 to 9 a.m.)peak hour travel period and 40 vehicle trips occurring during the evening (4 to 6 p.m.) peak hour travel period. Compared to that which could be developed consistent with the General Plan,the proposed project is estimated to generate a net increase of 302 average daily trips,24 morning peak hour trips and 29 evening peak hour trips. The Public Works Department/Traffic Engineering Division staff has reviewed the proposed traffic yield from the proposed project and the expected traffic generation will not adversely impact the existing and projected circulation system as analyzed in PEIR. The Public Works Department,Traffic Engineering Division has reviewed the potential traffic related impacts for the proposed project and has determined that the streets adjacent to and near the subject site will be able to accommodate the quantity and kind of traffic which may be potentially generated subject to the standard city requirements for street improvements and subject to the project specific mitigation measures determined applicable by the City of Fresno Traffic Engineer.These requirements generally include:(1)Local street dedications;(2)Street improvements,(including,but not limited to,construction of concrete curbs,gutters,pavement,underground street lighting systems; and,(3)Payment of applicable impact fees (including,but not limited to,the Traffic Signal Mitigation Impact (TSMI)Fee,Fresno Major Street Impact (FMSI)Fee,and the Regional Transportation Mitigation Fee (RTMF) Fee. Vehicle Miles Traveled (VMT) Analysis Senate Bill (SB)743 requires that relevant California Environmental Quality Act (CEQA)analysis of transportation impacts be conducted using a metric known as vehicle miles traveled (VMT)instead of Level of Service (LOS).VMT measures how much actual auto travel (additional miles driven)a proposed project would create on California roads.If the project adds excessive car travel onto our roads, the project may cause a significant transportation impact. On June 25,2020,the City of Fresno adopted CEQA Guidelines for Vehicle Miles Traveled Thresholds,dated June 25,2020,pursuant to Senate Bill 743 to be effective of July 1,2020.The Fresno VMT Thresholds document includes thresholds of significance for development projects, transportation projects,and land use plans.These thresholds of significance were developed using the County of Fresno as the applicable region,and the required reduction of VMT (as adopted in the Fresno VMT Thresholds)corresponds to Fresno County’s contribution to the statewide GHG emission reduction target.In order to reach the statewide GHG reduction target of 15%,Fresno County must reduce its GHG emissions by 13%.The method of reducing GHG by 13%is to reduce VMT by 13% as well. For residential and non-residential (except retail)development projects,the adopted threshold of significance is a 13%reduction,which means that projects that generate VMT in excess of a 13% reduction from the existing regional VMT per capita or per employee would have a significant environmental impact.Projects that reduce VMT by more than 13%are less than significant.For retail projects,the adopted threshold is any net increase in VMT per employee compared to existing City of Fresno Printed on 6/14/2023Page 7 of 15 powered by Legistar™ File #:ID 23-641 Agenda Date:6/15/2023 Agenda #: VMT per employee. A quantitative analysis was prepared by JLB Traffic Engineering (Exhibit N)utilizing the 10th Edition of the Trip Generation Manual published by the Institute of Transportation Engineers (ITE).The results of the analysis indicated the proposed project is estimated to generate a maximum of 406 daily trips,32 AM peak hour trips and 40 PM peak hour trips;which is lower than 500 ADT.The analysis concluded there are no impacts to VMT associated with this Project. Air Quality and Greenhouse Gas Emissions The California Emissions Estimator Model (CalEEMod)is a statewide land use emissions computer model designed to provide a uniform platform for government agencies,land use planners,and environmental professionals to quantify potential criteria pollutant and greenhouse gas (GHG) emissions (i.e.reactive organic gasses,oxides of nitrogen,small particulate matter,etc.)associated with both construction and operations from a variety of land use projects. CalEEMod version 2020.4.0 was used to quantify direct emissions from construction and operation activities (including vehicle use),as well as indirect emissions,such as GHG emissions from energy use,solid waste disposal,vegetation planting and/or removal,and water use.Overall,the project will not result in criterion pollutants and greenhouse gas emissions beyond adopted thresholds of significance.A more detailed analysis and evaluation of the projects air quality and greenhouse gas emissions impacts is included in Appendix A of the attached Environmental Assessment dated December 9, 2022 that was prepared for the project (Exhibit N). Public Services Sewer The nearest sanitary sewer main to serve the proposed project is within the Pinedale County Water District service area,and it is anticipated that Pinedale County Water District will provide sewer service to the proposed development.The applicant shall contact the Pinedale County Water District for sewer service conditions and/or restrictions.The requirements listed above and additional requirements have been listed in the Department of Public Utilities memo dated November 3, 2022. Water The nearest water mains to serve the proposed project is within the Pinedale County Water District service area,and it is anticipated that Pinedale County Water District will provide water services (potable water and fire protection)to the proposed development.The applicant shall contact the Pinedale County Water District for water service conditions and/or restrictions.Water facilities are available to provide service to the site subject to the conditions listed in the Department of Public Utilities memo dated November 3, 2022. FMFCD In the memorandum dated October 6,2022,the FMFCD indicated that the existing Master Plan drainage system was designed to serve medium density residential uses and does not have the capacity to accommodate the increased runoff generated by the proposed commercial land use.As such,the project has been conditioned to mitigate the impacts of the increased runoff to a rate thatCity of Fresno Printed on 6/14/2023Page 8 of 15 powered by Legistar™ File #:ID 23-641 Agenda Date:6/15/2023 Agenda #: such,the project has been conditioned to mitigate the impacts of the increased runoff to a rate that would be expected if developed to medium density residential.The developer may either make improvements to the existing pipeline system to provide additional capacity or may implement a permanent peak reducing facility in order to eliminate adverse impacts on the existing system. Fire The City of Fresno Fire Department reviewed the proposed project and has determined that adequate Fire service will be available subject to future requirements for development which will include requirements incorporated into the Conditions of Approval. Review for compliance with fire and life safety requirements for the interior of proposed building and the intended use are reviewed by both the Fire Department and the Building and Safety Services Section of the Planning and Development Department when a submittal for building plan review is made as required by the California Building Code. Police The City of Fresno Police Department did not provide comment. Other Agencies All comments received from the applicable agencies have been incorporated into the conditions of approval for Plan Amendment and Rezone Application No.P22-00507 and Development Permit Application No.P22-00505.The project will comply with all department comments and conditions and all zoning requirements as incorporated into the conditions of approval dated March 1, 2023. Fresno Municipal Code Given the conditions of approval dated March 1,2023 (Exhibit J),Plan Amendment and Rezone Application No.P22-00507 and related Development Permit Application No.P22-00505 will meet all of the provisions of the FMC,including but not limited to setbacks,transition standards,parking, landscaping,and connectivity,and will comply with all applicable design guidelines and development standards for Office uses (specifically Medical and Dental)in the CG (Commercial -General)zone district. LAND USE PLANS AND POLICIES Fresno General Plan The project proposes to amend the Fresno General Plan to change the planned land use designations for the subject property from Residential -Medium Density (±1.23 acres)to Commercial -General (±1.23 acres).According to the Fresno General Plan,the Commercial -General planned land use designation is intended accommodate a range of retail and service uses that are not appropriate in other areas because of higher volumes of vehicle traffic and potential impacts on other uses.Examples of allowable uses include:building materials,storage facilities with active storefronts, equipment rental,wholesale businesses,and specialized retail not normally found in shopping centers.The focus of district development standards is to ensure structures fit into the surrounding City of Fresno Printed on 6/14/2023Page 9 of 15 powered by Legistar™ File #:ID 23-641 Agenda Date:6/15/2023 Agenda #: development pattern and architectural or traffic conflicts are minimized. The Fresno General Plan provides goals,objectives,and policies to guide development.As proposed, the project will be consistent with the following Fresno General Plan goals: ·Increase opportunity, economic development, business, and job creation. ·Make full use of existing infrastructure,and investment in improvements to increase competitiveness and promote economic growth. ·Promote orderly land use development in pace with public facilities and services needed to serve development. These goals contribute to the establishment of a comprehensive city-wide land use planning strategy to meet economic development objectives,achieve efficient and equitable use of resources and infrastructure, and create an attractive living environment. The following are applicable objectives and policies from the Urban Form,Land Use &Design,and Economic Development elements of the Fresno General Plan: ·Objective ED-1:Support economic development by maintaining a strong working relationship with the business community and improving the business climate for current and future businesses. ·Objective LU-1:Establish a comprehensive citywide land use planning strategy to meet economic development objectives,achieve efficient and equitable use of resources and infrastructure, and create an attractive living environment. o Policy LU-1-a:Promote Development within the Existing City Limits as of December 31,2012.Promote new development,infill,and rehabilitation of existing building stock in the Downtown Planning Area,along BRT corridors,in established neighborhoods generally south of Herndon Avenue,and on other infill sites and vacant land within the City. o LU-1-c:Provision of Public Facilities and Services.Promote orderly land use development in pace with public facilities and services needed to serve development. ·Objective LU-2:Plan for infill development that includes a range of housing types,building forms, and land uses to meet the needs of both current and future residents. o Policy LU-2-a:Infill Development and Redevelopment.Promote development of vacant,underdeveloped,and re-developable land within the City Limits where urban services are available by considering the establishment and implementation of supportive regulations and programs. The proposed plan amendment meets the intent of the goals,objectives,and policies of the Fresno General Plan referenced herein above.Approval of the plan amendment and rezone would help facilitate and achieve the above-mentioned goals,objectives,and policies of the General Plan.The City of Fresno Printed on 6/14/2023Page 10 of 15 powered by Legistar™ File #:ID 23-641 Agenda Date:6/15/2023 Agenda #: facilitate and achieve the above-mentioned goals,objectives,and policies of the General Plan.The subject property is currently undeveloped and located in an area experiencing growth in development and that can be generally characterized by a mix of existing land uses including Public Facility - Elementary School (north),Residential -Medium Density (south),Corridor -Center Mixed Use (east), and Residential -Medium Density (west).The property is an appropriate infill site as it has existing infrastructure and is near built-out urban uses.The project also proposes a building of high quality design and at a scale compatible with the surrounding area;therefore,the project fosters a high quality design and would contribute to the mix of amenities in the surrounding area.Lastly,the project supports economic development by opening a new medical facility,which will provide 40 permanent, full-time jobs in North Fresno’s Pinedale Area. Bullard Community Plan There are no goals,objectives or policies within the Bullard Community Plan that would restrict or prohibit the proposed project (Plan Amendment,Rezone,and Development Permit).However, pursuant to FMC Section 15-104-B-4.a (Priority of Plans),should there be a conflict between the Development Code and any operative plan,or between two operative plans,the Development Code shall prevail. Pinedale Neighborhood Plan The Pinedale Neighborhood Plan (PNP)currently has principles and policies that would discourage commercial uses at the subject properties.Specifically,Objective D-1 which is intended to restrict the development of new commercial uses primarily to those areas that are within the North Blackstone/North Sugar Pine Avenue commercial corridor and along the Herndon Avenue frontage road,directly southeast of the project site.Through Policy D.1.d,the PNP rezoned the subject properties which are properties along the westerly side of North Sugar Pine Avenue,between West Beechwood and West Fir Avenues from the C-6 (Heavy Commercial)zone district to R-2-A (Low Density Multiple-Family Residential,one story)zone district;properties which are now currently zoned RS-5 (Residential Single-Family, Medium Density). However,the PNP includes the intent to provide the residents of Pinedale easy access to needed commercial and professional/medical services.The project (as proposed)will introduce medical services and easy access to residents who may otherwise require transit or a vehicle to reach medical services outside of the Pinedale neighborhoods.In this way,the project (proposed rezone/plan amendment and related development permit)may be found consistent with the intent and vision of the PNP. Fresno County Airport Land Use Compatibility Plan The proposed project is located within the Airport Influence Area under the Fresno County Airport Land Use Compatibility Plan.The project site is located within the Fresno-Chandler Executive Airport’s (FCE)Safety Zone 7 -Precision Approach Zone and is not located within a Noise Contour. Listed uses prohibited in Traffic Pattern Zone 7 include hazards to flight.Furthermore,the following Development conditions do not apply;No object shall have a height that would penetrate the airspace protection surface of the airport.Any object that penetrates one of these surfaces is,by FAA definition,considered an obstruction.A proposed object having a height that exceeds the airport’s airspace protection surface shall be allowed only if,upon conclusion of the FAA’s 7460 review City of Fresno Printed on 6/14/2023Page 11 of 15 powered by Legistar™ File #:ID 23-641 Agenda Date:6/15/2023 Agenda #: process, the FAA determines that the object would not be a hazard to air navigation. The Airport Land Use Commission reviewed the project as submitted at their December 5,2022, regular meeting and approved a Finding of Consistency with the ALUCP.Therefore,the proposed project is compatible and in compliance with the Airport Land Use Compatibility Plan. Public Notice and Input Neighborhood Meeting Prior to submittal of the proposed project,the applicant held a neighborhood meeting on February 22, 2021.Several members of the Pinedale community were in attendance where the applicant provided an overview of the proposed project and addressed comments,questions,and concerns.All but one (1)of the attendees expressed support for the proposed project.A summary of the meeting is available and attached with the Master Application/Operational statement in Exhibit G. Council District Project Committee Review On October 10,2022,the Council District 2 Project Review Committee reviewed this project and unanimously voted (3-0-0)to recommend Approval.Further,recommended the project be approved promptly and open as soon as possible to provide necessary services. Historic Preservation Commission On November 28,2022,the Historic Preservation Commission reviewed the Cultural Resource Assessment pursuant to Sections 15064.5 and 15126.4(b)of the California Environmental Quality Act guidelines and unanimously (4-0-1)recommended approval (to Planning Commission and City Council)of Plan Amendment/Rezone Application No.P22-00507 and related Development Permit Application No. P22-00505. Fresno County Airport Land Use Commission As mentioned in the Land Use and Policies section above,the Fresno County Airport Land Use Commission reviewed the project as submitted at their December 5,2022,regular meeting and approved a Finding of Consistency with the ALUCP. Notice of Planning Commission Hearing In accordance with Section 15-5007 of the FMC,the Planning and Development Department mailed notices of this Planning Commission hearing to surrounding property owners within 1,000 feet of the subject property on February 17, 2023 (Exhibit K). Fresno City Planning Commission Action/Recommendation On March 1,2023,the Planning Commission considered the item as presented by staff,followed by a brief presentation by the applicant.No members of the public spoke in opposition and two (2) members of the public spoke in support of the project.However,one of which raised several concerns primarily related to traffic and safety,security,and nuisances;all of which were addressedCity of Fresno Printed on 6/14/2023Page 12 of 15 powered by Legistar™ File #:ID 23-641 Agenda Date:6/15/2023 Agenda #: concerns primarily related to traffic and safety,security,and nuisances;all of which were addressed by the project applicant.No letters and/or e-mails were received in opposition or support of the project.After a complete hearing,the Planning Commission voted and recommended the City Council approve the rezone and development permit applications 6 votes to 0,with 0 Commissioners absent. The Planning Commission resolutions (Exhibit L) are attached for more information. Notice of City Council Hearing On June 2,2023,the Planning and Development Department mailed notices of the City Council Hearing to surrounding property owners within 1,000 feet of the subject site in accordance with Section 15-5007 of the FMC. See Exhibit M for Notice of City Council Hearing. ENVIRONMENTAL FINDINGS An environmental assessment initial study was prepared for this project in accordance with the requirements of the California Environmental Quality Act (CEQA)Guidelines.This process included the distribution of requests for comment from other responsible or affected agencies and interested organizations. The City of Fresno has prepared an Initial Study of the above-described project and proposes to adopt a Mitigated Negative Declaration. Pursuant to the California Public Resources Code (PRC)§§21093 and 21094 and California Environmental Quality Act (CEQA)Guidelines §§15070 to 15075,15150,and 15152,this project has been evaluated with respect to each item on the attached Appendix G/Initial Study Checklist to determine whether this project may cause any additional significant effect on the environment,which was not previously examined in the Program Environmental Impact Report SCH No.2019050005 for the Fresno General Plan (“PEIR”).After conducting a review of the adequacy of the PEIR pursuant to PRC §21157.6(b)(1)and CEQA Guidelines §§15151 and 15179(b),the Planning and Development Department,as lead agency,finds that no substantial changes have occurred with respect to the circumstances under which the PEIR was certified and that no new information,which was not known and could not have been known at the time that the PEIR was certified as complete, has become available. The completed Appendix G/Initial Study Checklist,its associated narrative,technical studies and mitigation measures reflect applicable comments of responsible and trustee agencies and research and analyses conducted to examine the interrelationship between the proposed project and the physical environment.The information contained in the project application and its related environmental assessment application,responses to requests for comment,checklist,Initial Study narrative,and any attachments thereto,combine to form a record indicating that an Initial Study has been completed in compliance with the State CEQA Guidelines and the CEQA. All new development activity and many non-physical projects contribute directly or indirectly toward cumulative impacts on the physical environment.It has been determined that the incremental effect contributed by this project toward cumulative impacts is not considered substantial or significant in itself and/or that cumulative impacts accruing from this project may be mitigated to less than City of Fresno Printed on 6/14/2023Page 13 of 15 powered by Legistar™ File #:ID 23-641 Agenda Date:6/15/2023 Agenda #: significant with application of feasible mitigation measures. With mitigation imposed under the PEIR and project specific mitigation,there is no substantial evidence in the record that this project may have additional significant,direct,indirect or cumulative effects on the environment that are significant and that were not identified and analyzed in the PEIR. The Planning and Development Department,as lead agency,finds that no substantial changes have occurred with respect to the circumstances under which the PEIR was certified and that no new information,which was not known and could not have been known at the time that the PEIR was certified as complete has become available. Based upon the evaluation guided by the Appendix G/Initial Study Checklist,it was determined that there are project specific foreseeable impacts which require project level mitigation measures. The Initial Study has concluded that the proposed project will not result in any adverse effects,which fall within the "Mandatory Findings of Significance"contained in §15065 of the State CEQA Guidelines.The finding is,therefore,made that the proposed project will not have a significant adverse effect on the environment. Public notice has been provided regarding staff’s finding in the manner prescribed by §15072 of the CEQA Guidelines and by § 21092 of the PRC Code (CEQA provisions). Therefore,it has been determined based upon the evidence in the record that the project will not have a significant impact on the environment and that the filing of a Mitigated Negative Declaration is appropriate in accordance with the provisions of CEQA Section 21157.5(a)(2)and CEQA Guidelines Section 15178(b)(1) and (2). A public notice of the attached Negative Declaration for Environmental Assessment Application No. P22-00507/P22-00505 (Exhibit N)was published on December 9,2022.To date,no response letters have been received. FRESNO MUNICIPAL CODE FINDINGS Based upon analysis of the applications,staff concludes that the required findings of Sections 15- 5206 (Development Permit Findings)and 15-5812 (Plan Amendment and Rezone Findings)of the Fresno Municipal Code can be made. These findings are attached as Exhibit O. HOUSING ELEMENT FINDINGS The project is located across six (6)parcels;five (5)of which are part of the 2013-2023 RHNA Housing Element Sites Inventory,which anticipates a combined minimum capacity of five (5)above moderate units for this site.This project proposes 0 units of housing which is less than the established minimum residential capacity.Therefore,the City Council must make the required findings pursuant to California Government Code §§65863.These findings are attached as Exhibit O. LOCAL PREFERENCE Local preference was not considered because the project does not include a bid or award of a City of Fresno Printed on 6/14/2023Page 14 of 15 powered by Legistar™ File #:ID 23-641 Agenda Date:6/15/2023 Agenda #: construction or service contract. FISCAL IMPACT Affirmative action by the City Council will result in timely deliverance of the review and processing of the applications as is reasonably expected by the applicant.Prudent financial management is demonstrated by the expeditious completion of this land use application in as much as the applicant has paid to the City a fee for the processing of this application and that fee is,in turn,funding the respective operations of the Planning and Development Department. CONCLUSION The appropriateness of the proposed project has been examined with respect to its consistency with goals and policies of the Fresno General Plan,Bullard Community Plan,Pinedale Neighborhood Plan,and the Fresno County Airport Land Use Compatibility Plan;its compatibility with surrounding existing or proposed uses;and its avoidance or mitigation of potentially significant adverse environmental impacts.These factors have been evaluated as described above and by the accompanying environmental assessment and concludes that the required findings contained within Sections 15-5812 and 15-5306 et seq.of the FMC can be made.Upon consideration of this evaluation,it can be concluded that the proposed Plan Amendment and Rezone Application No.P22- 00507 and related Development Permit Application No.P22-00505 are appropriate for the subject property. Attachments: Exhibit A - Vicinity Map Exhibit B - Aerial Photograph Exhibit C - Planned Land Use Map Exhibit D - Zoning Map Exhibit E - Project Information Tables Exhibit F - Noticing Map Exhibit G - Master Application & Owner’s Letter of Authorization Exhibit H - Operational Statement Exhibit I - Exhibits (Site Plan, Elevations, Floor Plans, and Landscape Plan) Exhibit J - Conditions of Approval dated March 1, 2023 Exhibit K - Planning Commission Public Hearing Notice & Noticing Map Exhibit L - Planning Commission Resolutions 13789, 13790, and 13791 Exhibit M - City Council Public Hearing Notice & Noticing Map Exhibit N - Environmental Assessment (Including Studies) Exhibit O - Fresno Municipal Code and Housing Element Findings Exhibit P - City Council Resolution for Plan Amendment No. P22-00507 Exhibit Q - City Council Ordinance Bill for Rezone Application No. P22-00507 Exhibit R - PowerPoint Presentation City of Fresno Printed on 6/14/2023Page 15 of 15 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-960 Agenda Date:6/15/2023 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 6/9/2023Page 1 of 3 powered by Legistar™ 06/15/2023 REMOVED & TABLED TO JUNE 22, 2023 File #:ID 23-960 Agenda Date:6/15/2023 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 6/9/2023Page 2 of 3 powered by Legistar™ File #:ID 23-960 Agenda Date:6/15/2023 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 6/9/2023Page 3 of 3 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-973 Agenda Date:6/15/2023 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 6/9/2023Page 1 of 1 powered by Legistar™ 06/15/2023 TABLED TO JUNE 22, 2023 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 23-953 Agenda Date:6/15/2023 Agenda #: 5.-A. CLOSED SESSION ITEM June 15, 2023 SUBJECT CONFERENCE WITH LEGAL COUNSEL - PUBLIC SECURITY - Government Code Section 54957 (a): Discuss security of City Hall. City of Fresno Printed on 6/20/2023Page 1 of 1 powered by Legistar™ 06/15/2023 DISCUSSED-NO REPORTS City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-955 Agenda Date:6/15/2023 Agenda #: 5.-B. 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 6/20/2023Page 1 of 1 powered by Legistar™ 06/15/2023 DISCUSSED-NO REPORTS