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2023-06-22 Council Agenda Packet
Thursday, June 22, 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/Budget Hearings Continued (Vote on Final Budget) 6/22/2023 MK/MA 7-0 AS AMENDED June 22, 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_76cqL6rfRGyM6rV25XgCpw 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 22, 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 22, 2023City Council Meeting Agenda - Final 9:00 A.M. ROLL CALL Invocation by Pastor Brent Deffenbacher of Bethany Church Pledge of Allegiance to the Flag APPROVE AGENDA CEREMONIAL PRESENTATIONS Proclamation for “Clovis Unified School District Superintendent Dr. Eimear O’Brien” ID 23-561 Sponsors:Councilmember Karbassi Proclamation for “National Week of Making”ID 23-901 Sponsors:Vice President Perea Proclamation for “Alzheimer’s & Brain Awareness Month”ID 23-999 Sponsors:Councilmember Bredefeld 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 Minutes for June 8, 2023, Regular Meeting, June 14, 2023, Budget Hearing and June 15, 2023, Regular Meeting. ID 23-9761.-A. Sponsors:Office of the City Clerk Page 4 City of Fresno ***Subject to Mayoral Veto June 22, 2023City Council Meeting Agenda - Final Actions pertaining to the Parking Garage 4 High Priority Repairs located at 1919 Tulare Street: 1. Adopt finding a Categorical Exemption pursuant to Section 15301 Existing Facilities of the California Environmental Quality Act Guidelines 2. Award a construction contract with Ashron Construction and Restoration, Inc., of Galt, California, in the amount of $276,750 for the Parking Garage 4 High Priority Repairs project located at 1919 Tulare Street (Bid File 12300939) (District 3) ID 23-9621.-B. Sponsors:General Services Department 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 23-10071.-C. Sponsors:Office of Mayor & City Manager and Finance Department Actions pertaining to temporary water service for fire suppression within Fancher Creek Town Center: 1. Adopt a finding of Categorical Exemption pursuant to Section 15301/Class 1 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines. 2. Approve a Temporary Water Service Agreement with Bakman Water Company ID 23-10081.-D. Sponsors:Office of Mayor & City Manager and Department of Public Utilities Page 5 City of Fresno ***Subject to Mayoral Veto June 22, 2023City Council Meeting Agenda - Final Approve the appointment of Douglas Dart (District 3 Resident) to the Fresno Regional Workforce Development Board for a term ending November 1, 2024. Approve the appointment of Laura Ward (District 1 Resident) to the Parks, Recreation, and Arts Commission for a term ending July 1, 2025. Approve the reappointment of Susan L. Coulter (District 6 Resident) to the Disability Advisory Commission for a term ending June 30, 2025. ID 23-9801.-E. 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 23-10201.-F. Sponsors:Office of Mayor & City Manager, Public Works Department, Council President Maxwell, Councilmember Chavez and Councilmember Bredefeld Actions pertaining to City-owned Assessor’s Parcel Number 456-030-34T and 456-030-44 (District 7) 1. *** RESOLUTION - Revoking the Declaration of Accessor’s Parcel Number (APN) 456-030-34T (Subject to Mayor’s Veto) 2. *** RESOLUTION - Declaring Property identified as Assessor’s Parcel Numbers 456-030-34T and 456-030-44 to be exempt surplus land and initiating the open and competitive request for proposals for an extended land lease of the property for permanent affordable and/or mixed income housing development (Subject to Mayor’s Veto) ID 23-9301.-G. Sponsors:Planning and Development Department Page 6 City of Fresno ***Subject to Mayoral Veto June 22, 2023City Council Meeting Agenda - Final Approve a First Amendment to the professional public information services contract for the Department of Public Utilities with Two Q, Inc. dba JP Marketing to extend the agreement through June 30, 2024, and increase the contract amount by $808,698 to fund continuity of services, for a revised total contract amount of $2,993,673. ID 23-9561.-H. Sponsors:Department of Public Utilities Actions pertaining to the Roof Membrane Replacement at the Fresno-Clovis Regional Wastewater Reclamation Facility Administration Building (Bid File 12302214) (Council District 3): 1. Adopt a finding of Categorical Exemption pursuant to Sections 15301/Class 1 and 15302/Class 2 of the California Environmental Quality Act Guidelines. 2. Award a construction contract, in the amount of $353,233, to Nations Roof West, LLC., of Fresno, California. ID 23-9571.-I. Sponsors:Department of Public Utilities Actions pertaining to the Laboratory Information Management System for the Environmental Laboratory at the Fresno-Clovis Regional Wastewater Treatment Facility (Council District 3): 1. Affirm the City Manager’s finding that Promium, LLC., is uniquely qualified to procure and install the Element Laboratory Information Management System software into the environmental laboratory. 2. Approve a one-year Hosted Service Agreement in the amount of $95,980 to Promium, LLC., with provisions for five one-year extensions at an annual cost of $33,700, to procure, install, and host the Element Laboratory Information Management System software. ID 23-9581.-J. Sponsors:Department of Public Utilities Page 7 City of Fresno ***Subject to Mayoral Veto June 22, 2023City Council Meeting Agenda - Final Approve a second amendment to a requirements contract with SNF Polydyne, Inc., to increase the not-to-exceed Contract amount for the purchase of Cationic Polymer by $1,106,000.00, for a total Contract value of $9,145,364.56 (Council District 3) ID 23-9591.-K. Sponsors:Department of Public Utilities Award a construction contract in the amount of $2,649,222 to Emmett’s Excavation, Inc., of Clovis, California for the Blackstone Avenue and McKinley Avenue Transit Oriented Development Sidewalk and Lighting Project - Bid File 12300361 (Council Districts 1 and 7) ID 23-9271.-L. Sponsors:Public Works Department Actions pertaining to the Garage 9 Remodel Project (Council District 3) 1. Affirm the City Manager’s finding that Temple-Andersen-Moore (TAM) Architects, LLP is uniquely qualified 2. Approve an agreement for professional architectural and engineering services with Temple-Andersen-Moore (TAM) Architects, LLP of Fresno, California in the amount of $196,400.00 with a contingency amount not to exceed $40,000.00, for the design and construction support services for the Garage 9 Remodel Project ID 23-9461.-M. Sponsors:Public Works Department and Planning and Development Department Approve an agreement for professional engineering services with Quad Knopf Inc., of Fresno, California for $118,650.00 with a $10,000.00 contingency, for design and construction support services for the Vinland Park Futsal and Pickleball Courts Project (Council District 4) ID 23-9701.-N. Sponsors:Public Works Department, Parks, After School and Recreation and Community Services Department Page 8 City of Fresno ***Subject to Mayoral Veto June 22, 2023City Council Meeting Agenda - Final Approve Contract Change Order No. 30 in the amount of $0.00 with Granite Construction Company for the Veterans Boulevard Grade Separation Project, Project ID PW00683 (Council District 2). ID 23-9711.-O. 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 23-10211.-P. Sponsors:Public Works Department Approval Donation Agreement between Olasunkanmi Stephen Fagbule, M.D. and the City of Fresno and Accept Donation of Clement Renzi’s “A Day in the Park” Sculpture ID 23-10091.-Q. Sponsors:Councilmember Esparza ***RESOLUTION - Directing City of Fresno Administration to Display Clement Renzi’s “A Day in the Park” Sculpture at the Fresno Yosemite International Airport (Subject to Mayor’s Veto) ID 23-10101.-R. Sponsors:Councilmember Esparza ***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 23-9851.-S. Sponsors:Vice President Perea and Councilmember Arias CONTESTED CONSENT CALENDAR 2. SCHEDULED COUNCIL HEARINGS AND MATTERS 9:00 A.M. - ACTION ON THE FISCAL YEAR 2024 BUDGET AND RELATED ITEMS ***RESOLUTION - Adopt the FY 2024 Salary Resolution (Subject to Mayor’s veto) ID 23-984A. Sponsors:Personnel Services Department Page 9 City of Fresno ***Subject to Mayoral Veto June 22, 2023City Council Meeting Agenda - Final ***RESOLUTION - Adopt the FY 2024 Position Authorization Resolution. (Subject to Mayor’s veto) ID 23-992B. Sponsors:Budget and Management Studies Department ***RESOLUTION - Adopt the FY 2024 Annual Appropriation Resolution. (Subject to Mayor’s veto) ID 23-994C. Sponsors:Budget and Management Studies Department ***RESOLUTION - FY 2024 GANN Appropriation Limit Resolution (Subject to Mayor’s veto) ID 23-993D. Sponsors:Budget and Management Studies Department ***RESOLUTION - To Adopt an Investment Policy for Public Funds for Fiscal Year 2023-2024 (Subject to Mayor’s veto) ID 23-1014E. Sponsors:Finance Department ***BILL - (For introduction and adoption) - Adoption of Property Tax Override Ordinance (Subject to Mayor’s veto) ID 23-991F. Sponsors:Budget and Management Studies Department 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 Number 11, Annexation Number 144 (Final Tract Map Number 6276) (located on the northwest corner of North Parc West Drive and North Grantland Avenue) (Council District 1) 1. ***RESOLUTION - to Annex Territory to Community Facilities District No. 11 and Authorizing the Levy of a Special Tax for Annexation No. 144 (Subject to Mayor’s Veto) 2. ***RESOLUTION - Calling Special Mailed-Ballot Election (Subject to Mayor’s Veto) 3. ***RESOLUTION - Declaring Election Results (Subject to Mayor’s Veto) 4. ***BILL - (For introduction and adoption) - Levying a Special Tax for the Property Tax Year 2022-2023 and Future Tax Years Within and Relating to Community Facilities District No. 11, Annexation No. 144 (Subject to Mayor’s Veto) ID 23-928 Sponsors:Public Works Department Page 10 City of Fresno ***Subject to Mayoral Veto June 22, 2023City Council Meeting Agenda - Final 10:05 A.M. (CONTINUED TO JUNE 29, 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 23-978 Sponsors:Planning and Development Department Page 11 City of Fresno ***Subject to Mayoral Veto June 22, 2023City Council Meeting Agenda - Final 10:10 A.M. (CONTINUED TO JUNE 29, 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 23-979 Sponsors:Planning and Development Department 3. GENERAL ADMINISTRATION Page 12 City of Fresno ***Subject to Mayoral Veto June 22, 2023City Council Meeting Agenda - Final 4. CITY COUNCIL Resolution - Naming the Fresno Police Department Regional Training Center the “Jerry P. Dyer Regional Police Training Center” ID 23-10224.-A. Sponsors:Councilmember Bredefeld, Council President Maxwell and Councilmember Karbassi 5. CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Government Code Section 54956.9, subdivision (d)(2): Case Name: Cipriano Perez, et. al v. City of Fresno; Claim No: RM2023044330. ID 23-9755.-A. Sponsors:City Attorney's Office CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Government Code Section 54956.9, subdivision (d)(4): 1 potential case ID 23-9965.-B. Sponsors:City Attorney's Office CONFERENCE WITH LABOR NEGOTIATORS - Government Code Section 54957.6 City Negotiators: TJ Miller Employee Organizations: 1. International Union of Operating Engineers, Stationary Engineers, Local 39 (Local 39); 2. Fresno City Employees Association (FCEA); 3. Fresno Police Officers Association (FPOA Basic), Unit 4; 4. International Association of Firefighters, Local 753, Unit 5 (Fire Basic); 5. Amalgamated Transit Union, Local 1027 (ATU); 6. International Brotherhood of Electrical Workers, Local 100 (IBEW); 7. Fresno Police Officers Association (FPOA Management); 8. International Association of Firefighters, Local 753, Unit 10 (Fire Management); 9. City of Fresno Professional Employees Association (CFPEA); 10. City of Fresno Management Employees Association (CFMEA); 11. ID 23-9975.-C. Page 13 City of Fresno ***Subject to Mayoral Veto June 22, 2023City Council Meeting Agenda - Final 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 29, 2023 10:05 A.M. - HEARING to consider the proposed Annual Assessment for the City of Fresno Landscaping and Lighting Maintenance District No. 1 (Citywide) JULY 20, 2023 10:00 A.M.-HEARING to adopt resolutions and ordinance to annex territory and levy a special tax regarding City of Fresno Community Facilities District No. 11, Annexation No. 145 (Final Tract Map No. 6283) (located on the southeast corner of North Fowler Avenue and East Dakota Avenue) (Council District 4 UPCOMING EMPLOYEE CEREMONIES EMPLOYEE OF THE QUARTER - 9:00 A.M. • July 19, 2023 (Wednesday) - Employee of the Summer Quarter • October 18, 2023 (Wednesday) - Employee of the Fall Quarter EMPLOYEE SERVICE AWARDS - 10:00 A.M. • November 15, 2023 (Wednesday) - Employee Service Awards 2023 CITY COUNCIL MEETING SCHEDULE June 29, 2023 - 9:00 A.M./Reserved for Final Budget Vote July 20, 2023 - 9:00 A.M. August 10, 2023 - 9:00 A.M. August 24, 2023 - 9:00 A.M. September 14, 2023 - 9:00 A.M. September 28, 2023 - 9:00 A.M. October 5, 2023- 9:00 A.M. October 19, 2023 - 9:00 A.M. Page 14 City of Fresno ***Subject to Mayoral Veto June 22, 2023City Council Meeting Agenda - Final November 2, 2023 - 9:00 A.M. November 16, 2023 - 9:00 A.M. December 7, 2023 - 9:00 A.M. December 14, 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 23-561 Agenda Date:6/22/2023 Agenda #: APPOINTMENT FROM:MIKE KARBASSI, Councilmember District 2 SUBJECT Proclamation for “Clovis Unified School District Superintendent Dr. Eimear O’Brien” City of Fresno Printed on 6/29/2023Page 1 of 1 powered by Legistar™ 6/22/2023 PRESENTED CITY OF FRESNO Office of Councilmember Mike Karbassi WHEREAS, Dr. Eimear O’Brien has 38 years of experience in the field of education. This began in Dublin, Ireland, where she taught for 10 years before moving to Fresno and becoming an elementary school teacher for Our Lady of Victory Elementary School. Dr. O’Brien then joined Clovis Unified in 1996 as a third-grade teacher at Maple Creek Elementary School; and WHEREAS, Dr. O’Brien served at the elementary and secondary level as a teacher, Guidance Instructional Specialist, Learning Director, Elementary Principal, and High School Deputy Principal before assuming the position of Principal at Clovis West in 2012. Two years later in 2014, she was appointed Assistant Superintendent of the Clovis West Area after obtaining 20 years of experience in the classroom; and WHEREAS, Dr. O’Brien continued her own path of learning by earning her doctoral degree in Educational Leadership from California State University, Fresno in 2010. In 2017, she was appointed Superintendent of Clovis Unified School District.; and WHEREAS, Dr. Eimear O’Brien has received a number of awards during her time in education. These include the following: The CLASSI Award, Campaign for Business and Excellence in Education Awards, CSBA Golden Bell Award, CUSD Supremacy Award, California Civic Learning and CBEE Awards, California Grazier Award, Title 1 Academic Achievement Awards, and many more; and WHEREAS, Along with the many awards and national recognition Dr. O’Brien’s hard work has brought to Fresno, she has also brought local and state grants to our schools, including the Grazier grant, ALEKS grant, Fresno County Innovation Grant, Kaiser innovation grant, CWHS grant, Rabobank robotics, and multiple CUSD Foundation grants among many others. All of these grants total over $122,000 that Dr. O’Brien has brought to our education system here in Fresno; and WHEREAS, We thank Dr. O’Brien for the many years of service she has given to Fresno and our students, and we wish her the best in retirement as she returns to Ireland; and NOW, THEREFORE BE IT RESOLVED, that we Mayor Jerry Dyer and the Fresno City Council recognize the sacrifices and decades of service to the City of Fresno, and do hereby honor: “Superintendent Dr. Eimear O’Brien” in the City of Fresno. IN WITNESS WHEREOF, we have hereunto set our hands and affixed the seal of the City of Fresno, California, this 22 nd day of June 2023. ______________________________________________ __________________________________________ JERRY DYER, Honorable Mayor ANNALISA PEREA, Council Vice President _____________________________________________ __________________________________________ MIKE KARBASSI, Councilmember District 2 MIGUEL ARIAS, Councilmember District 3 _____________________________________________ __________________________________________ TYLER MAXWELL, Council President LUIS CHAVEZ, Councilmember District 5 _____________________________________________ __________________________________________ GARRY BREDEFELD, Councilmember District 6 NELSON ESPARZA, Councilmember District 7 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-901 Agenda Date:6/22/2023 Agenda #: CEREMONIAL PRESENTATION Proclamation for “National Week of Making” City of Fresno Printed on 6/29/2023Page 1 of 1 powered by Legistar™ 6/22/2023 PRESENTED CITY OF FRESNO Office of Council Vice President Annalisa Perea Root Access Hackerspace Is hereby presented in honor of: National Week of Making WHEREAS, the National Week of Making celebrates the innovations in science, technology, engineering, art, and math, as well as the individuals who contribute to the Maker Movement; and WHEREAS, Makers include the professionals, hobbyists, enthusiasts, and students who pursue creative disciplines such as metalworking, woodworking, drawing, digital fabrication, and much more; and WHEREAS, the National Week of Making is an excellent opportunity for aspiring makers to learn new skills and take on interesting challenges that can help our community solve future real-world problems; and WHEREAS, Root Access Hackerspace was founded for the community and by the community in June 2017 in the Tower District Van Ness Village, providing Fresno residents with access to a diverse tool set, including 3D printers, laser cutters, electronics workstation, wood shop, textiles and fiber arts crafting studio; and WHEREAS, Root Access Hackerspace upholds its mission of filling the gaps in Fresno's technology scene by building a community space for coders, electronics hobbyists, and other technology makers to learn, explore, and share. NOW, THEREFORE BE IT RESOLVED, that we, Council Vice President Annalisa Perea, Mayor Jerry P. Dyer, and the Fresno City Council, do hereby honor Root Access Hackerspace and their dedication to the community through service and innovation, and in recognition, do hereby proclaim the week of June 17th to June 23rd, 2023, to be: “THE NATIONAL WEEK OF MAKING” 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 22 nd day of June 2023. __________________________________________ JERRY P. DYER, Honorable Mayor __________________________________________ TYLER MAXWELL, Council President __________________________________________ GARRY BREDEFELD, Councilmember District 6 __________________________________________ NELSON ESPARZA, Councilmember District 7 __________________________________________ ANNALISA PEREA, Council Vice President __________________________________________ MIKE KARBASSI, Councilmember District 2 __________________________________________ MIGUEL ARIAS, Councilmember District 3 __________________________________________ LUIS CHAVEZ, Councilmember District 5 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-999 Agenda Date:6/22/2023 Agenda #: CEREMONIAL PRESENTATION Proclamation for “Alzheimer’s & Brain Awareness Month” City of Fresno Printed on 6/29/2023Page 1 of 1 powered by Legistar™ 6/22/2023 PRESENTED CITY OF FRESNO Office of Mayor Jerry Dyer & The Fresno City Council WHEREAS, the month of June 2023 has been declared Alzheimer's and Brain Awareness Month to help educate the public on this debilitating disease and the need to increase efforts to combat its human and economic costs; and WHEREAS, the summer solstice, June 21, 2023, has been declared The Longest Day, with people around the world coming together to honor the strength, passion, and endurance of people facing Alzheimer's disease with a day of activity and advocacy; and WHEREAS, Alzheimer's disease, a progressive neurodegenerative brain disorder, tragically robs individuals of their memories and leads to cognitive decline resulting in functional, emotional, and behavioral impairment and is the third leading cause of death in California today; and WHEREAS, Disparities in detection and diagnosis persist, resulting in less than 50 percent of individuals affected by the disease receiving a formal diagnosis that is disclosed to them by a clinician and documented in their medical record; and WHEREAS, California has 690,000 residents living with Alzheimer's disease, more than any other state in the nation. Fresno County had 14,643 residents living with Alzheimer’s disease in 2019 and that number is expected to grow 112% by 2040; and WHEREAS, individuals living with Alzheimer's disease and their caregivers need acknowledgment, support, and services to meet their needs over the lengthy progression of Alzheimer's disease and related dementias. NOW, THEREFORE BE IT RESOLVED that we, Mayor Jerry Dyer and the Council of the City of Fresno, do hereby recognize June 2023 as Alzheimer’s and Brain Awareness Month and Tuesday, June 21st, 2023, as The Longest Day, and urges all Californians to commemorate the month of June 2023 to be: “Alzheimer's & Brain Awareness Month” IN WITNESS WHEREOF, we have hereunto set our hands and affixed the Seal of The City of Fresno, California, this 22nd day of June 2023. _____________________________________________ ________________________________________________ MAYOR JERRY DYER COUNCIL PRESIDENT TYLER MAXWELL _________________________________ ___________________________________ VICE PRESIDENT ANNALISA PEREA COUNCILMEMBER MIKE KARBASSI _________________________________ ___________________________________ COUNCILMEMBER MIGUEL ARIAS COUNCILMEMBER NELSON ESPARZA _________________________________ ___________________________________ COUNCILMEMBER LUIS CHAVEZ COUNCILMEMBER GARRY BREDEFELD City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-1043 Agenda Date:6/22/2023 Agenda #: REPORT TO THE CITY COUNCIL FROM:Office of the City Clerk SUBJECT Unscheduled Communication - Public Comment Emails City of Fresno Printed on 6/29/2023Page 1 of 1 powered by Legistar™ 6/22/2023 DISTRIBUTED r-:•~ ,... ""." ~ i ' ?"'9 f"\ ', .._ _,!~z •.... ::J 1!"1"!"'' .• ;-: .. ~~ ;. ~ ~!--''1 i '1' ~~~.~:·\·;5 r it June 22, 2023 FRESNO CITY COUNCIL Public Comment Packet ITEM($) Unscheduled Communication Contents of Supplement: Public comment emails Supplemental Information: Any agenda related public documents received and distributed to a majority of the City Council after the Agenda Packet is printed are included in Supplemental Packets. Supplemental Packets are produced as needed. The Supplemental Packet is available for public inspection in the City Clerk's Office, 2600 Fresno Street, during normal business hours (main location pursuant to the Brown Act, G.C. 54957 .5(2). In addition, Supplemental Packets are available for public review at the City Council meeting in the City Council Chambers, 2600 Fresno Street. Supplemental Packets are also available on-line on the City Clerk's website. Americans with Disabilities Act (ADA): The meeting room is accessible to the physically disabled, and the services of a translator can be made available . Requests for additional accommodations for the disabled, sign language interpreters, assistive listening devices, or translators should be made one week prior to the meeting . Please call City Clerk's Office at 621-7650 . Please keep the doorways, aisles and wheelchair seating areas open and accessible. If you need assistance with seating because of a disability, please see Security. Bernard Canez From: Sent: To: Subject: m behalf of Quentin Pryce Sunday, June 18, 2023 8:09 AM Clerk Stand with Fresnans and pass rent control! External Email: Use caution with links and attachments Dear Fresno City Council Members, I'm writing to urge you and your Council colleagues to enact rent control to protect renters in our city. Renters make up more than half of all households here, and we desperately need your support. I've been a resident of Fresno for 26 years and live in your district. My personal experiences as a renter in this city, navigating the increasing cost of housing and everything else, have been a real struggle for me and my loved ones. 1 in 3 of all renters in Fresno spend more than half of their income on rent. This is unacceptable. There is no end in sight, with inflation continuing to rise and our rents continuing to increase. Our community is experiencing a housing crisis. We need you, our elected leaders, to prioritize us working families over profits for large, out-of-town landlords and corporate housing developers. Pass rent control and tenant protections this budget season. It's a huge opportunity to invest resources into everyday Fresnans and protect thousands of families from eviction and homelessness. Thank you. Sincerely, Quentin Pryce 1 Todd Stermer From: Sent: To: Subject: Thursday, June 15, 2023 9:51 AM Todd Stermer Stand with Fresnans and pass rent control! External Email: Use caution with links and attachments Dear City Clerk Todd Stermer, on behalf of Mirna Enriquez I'm writing to urge you and your Council colleagues to enact rent control to protect renters in our city. Renters make up more than half of all households here, and we desperately need your support. I'm a resident of Fresno and live in your district. My personal experiences as a renter in this city, navigating the increasing cost of housing and everything else, have been a real struggle for me and my loved ones. 1 in 3 of all renters in Fresno spend more than half of their income on rent. This is unacceptable. There is no end in sight, with inflation continuing to rise and our rents continuing to increase. Our community is experiencing a housing crisis. We need you, our elected leaders, to prioritize us working families over profits for large, out-of-town landlords and corporate housing developers. Pass rent control and tenant protections this budget season. It's a huge opportunity to invest resources into everyday Fresnans and protect thousands of families from eviction and homelessness. Thank you. Sincerely, Mirna Enriauez 1 Bernard Canez From: Sent: To: Tuesday, June 13, 2023 7:17 PM Clerk 11 on behalf of Victoria Garcia Subject: Stand with Fresnans and pass rent control! Follow Up Flag: Flag Status: Follow up Completed External Email: Use caution with links and attachments Dear Fresno City Council Members, I'm writing to urge you and your Council colleagues to enact rent control to protect renters in our city. Renters make up more than half of all households here, and we desperately need your support. I'm a resident of Fresno and live in your district. My personal experiences as a renter in this city, navigating the increasing cost of housing and everything else, have been a real struggle for me and my loved ones . 1 in 3 of all renters in Fresno spend more than half of their income on rent. This is unacceptable. There is no end in sight, with inflation continuing to rise and our rents continuing to increase . Our community is experiencing a housing crisis. We need you, our elected leaders, to prioritize us working families over profits for large, out-of-town landlords and corporate housing developers. Pass rent control and tenant protections this budget season . It's a huge opportunity to invest resources into everyday Fresnans and protect thousands of families from eviction and homelessness. Thank you. Sincerely, Victoria Garcia 1 Bernard Canez From: Clerk Sent: To: Friday, June 16, 2023 2:21 PM Bernard Canez Cc: Clerk Subject: FW: Public Comment for tiny houses location From: Jennifer E. Davis <Jennifer.E.Davis@fresno.gov> Sent: Friday, June 16, 2023 12:32 PM To: Clerk <Clerk@fresno.gov> Subject: FW: Public Comment for tiny houses location Good Afternoon, Please see the public comment below from Michaela Bennett. Thank you. Jennifer Davis I Senior Management Analyst Housing Finance Division I Planning & Development 2600 Fresno Street I Fresno CA 93721 559.621.8010 Jennifer.E.Davis@Fresno.gov Resources: Housing & Community Development From: HCDD <HCDD@fres no.gov> Sent: Friday, June 16, 2023 11:07 AM To: Jennifer E. Davis <Jennifer.E.Davis@fresno.gov> Subject: FW: Public Comment for tiny houses location From: Michaela Bennett Sent: Friday, June 16, 2023 11:05 AM To: HCDD <HCDD@fresno.go v > Subject: Public Comment for tiny houses location External Email: Use caution with links and attachments 1 Hi , I'm a former SF Bay Area paralegal, on yr 5+ in my car in Fresno, CA, due to problems from life-long epilepsy (a brain problem which causes too much electricity in the brain, and seizures). I don't smoke, drink, use drugs, or have a criminal history. In fact, 74% of people who are unsheltered are NOT substance abusers, contrary to stigmas. It takes a whopping 3-20 yrs to be approved for Social Security disability. People are normally rejected on the first try. We have government policies designed to destabilize our people and our communities. I'd like Fresno to purchase the church property for sale on Bullard near First St. This already has many rooms that would make it ideal for a tiny house community. I'd like it to help stabilize our elders, disabled, and families. It is near grocery stores, pharmacies, a public library, dr's offices, and St. Agnes Hospital. It is near schools for youth of various ages. The government has not stabilized me. In fact, they've now spent more than $4+ million dollars on my hospitalizations, due to acute illnesses caused by being in my car, exposure to extreme temps, lack of food, lack of potable water, etc. The government saved nothing. Poverello and the Fresno Rescue Mission are dangerous places. Sane people never stay there, and advise others to avoid them. Our medications have been stolen there, and we've been threatened with murder. Some people have been victims or attempted victims of sexual assault, including highly educated homeless veterans. It all needs to change. I can meet with you in person, if you wish, to educate you about the issues. I hope Fresno can copy the Mid Peninsula Housing Foundation's excellent buildings to stabilize folks. Santa Clara County and the other areas. Top quality buildings that solve the public health crisis of homelessness. Thank you. Regards, Ms. Michaela Bennett, ex-paralegal, 61, homeless due to problems from life-long epilepsy, yr 5 in my car, no drugs/drink/crimes, changed CA law for high-risk crime 2 victims (Safe at Home, testified Sacto at legislature more than 20 yrs ago, program admin CA Sec of State) 93710, USA I United State ... Col!°ei-s ~o:sno ·s prnL:cl to p,-2ser1t this e,:s,,ng chu1·,:11 cornple-z ·,•1irh excess lane!. c01we11iemly locatecl ar i 2;3 3 Bernard Canez From: Sent: To: Wednesday, June 21, 2023 6:21 AM Clerk 1 on behalf of Vanessa Creutz Subject: Stand with Fresnans and pass rent control! Follow Up Flag: Flag Status: Follow up Completed External Email: Use caution with links and attachments Dear Fresno City Council Members, I'm writing to urge you and your Council colleagues to enact rent control to protect renters in our city. Renters make up more than half of all households here, and we desperately need your support. I'm a resident of Fresno and live in your district. My personal experiences as a renter in this city, navigating the increasing cost of housing and everything else, have been a real struggle for me and my loved ones. 1 in 3 of all renters in Fresno spend more than half of their income on rent. This is unacceptable. There is no end in sight, with inflation continuing to rise and our rents continuing to increase. Our community is experiencing a housing crisis. We need you, our elected leaders, to prioritize us working families over profits for large, out-of-town landlords and corporate housing developers. Pass rent control and tenant protections this budget season. It's a huge opportunity to invest resources into everyday Fresnans and protect thousands of families from eviction and homelessness. Thank you. Sincerely, Vanessa Creutz 1 Bernard Canez From: Clerk Sent: To: Wednesday, June 21, 2023 9:37 AM Bernard Canez Cc: Clerk Subject: FW : Stand with Fresnans and pass rent control! Follow Up Flag: Flag Status: -----Original Message----- From: vanessam@e1 Follow up Completed Sent: Tuesday, June 20, 2023 5:45 PM To: Clerk <Clerk@fresno.gov> Subject: Stand with Fresnans and pass rent control! External Email: Use caution with links and attachments Dear Fresno City Council Members, I'm writing to urge you and your Council colleagues to enact rent control to protect renters in our city. Renters make up more than half of all households here, and we desperately need your support. I'm a resident of Fresno and live in your district. My personal experiences as a renter in this city, navigating the increasing cost of housing and everything else, have been a real struggle for me and my loved ones. 1 in 3 of all renters in Fresno spend more than half of their income on rent. This is unacceptable. There is no end in sight, with inflation continuing to rise and our rents continuing to increase. Our community is experiencing a housing crisis. We need you, our elected leaders, to prioritize us working families over profits for large, out-of-town landlords and corporate housing developers. Pass rent control and tenant protections this budget season . It's a huge opportunity to invest resources into everyday Fresnans and protect thousands of families from eviction and homelessness. Thank you. Sincerely, Maria Beltran 1 Bernard Canez From: Clerk Sent: To: Wednesday, June 21, 2023 9:38 AM Bernard Canez Cc: Clerk Subject: FW : Stand with Fresnans and pass rent control! Follow Up Flag: Flag Status: -----Original Message----- From: vanessam Follow up Completed Sent: Tuesday, June 20, 2023 5:53 PM To: Clerk <Clerk@fresno.gov> Subject: Stand with Fresnans and pass rent control! External Email: Use caution with links and attachments Dear Fresno City Council Members, I'm writing to urge you and your Council colleagues to enact rent control to protect renters in our city. Renters make up more than half of all households here, and we desperately need your support. Power CA Action staff member filled out on behalf of Raymond Garcia. I'm a resident of Fresno and live in your district. My personal experiences as a renter in this city, navigating the increasing cost of housing and everything else, have been a real struggle for me and my loved ones . 1 in 3 of all renters in Fresno spend more than half of their income on rent . This is unacceptable. There is no end in sight, with inflation continuing to rise and our rents continuing to increase. Our community is experiencing a housing crisis. We need you, our elected leaders, to prioritize us working families over profits for large, out-of-town landlords and corporate housing developers. Pass rent control and tenant protections this budget season. It's a huge opportunity to invest resources into everyday Fresnans and protect thousands of families from eviction and homelessness. Thank you. Sincerely, Raymond Garcia 1 Bernard Canez From: Clerk Sent: To: Wednesday, June 21, 2023 9:40 AM Bernard Canez Cc: Clerk Subject: FW: Stand with Fresnans and pass rent control! Follow Up Flag: Flag Status: -----Original Message----- From: Cardenaspedro, Follow up Completed Sent: Tuesday, June 20, 2023 6:56 PM To: Clerk <Clerk@fresno.gov> Subject: Stand with Fresnans and pass rent control! External Email : Use caution with links and attachments Dear Fresno City Council Members, I'm writing to urge you and your Council colleagues to enact rent control to protect renters in our city. Renters make up more than half of all households here, and we desperately need your support. I'm a resident of Fresno and live in your district. My personal experiences as a renter in this city, navigating the increasing cost of housing and everything else, have been a real struggle for me and my loved ones. 1 in 3 of all renters in Fresno spend more than half of their income on rent. This is unacceptable. There is no end in sight, with inflation continuing to rise and our rents continuing to increase. Our community is experiencing a housing crisis. We need you, our elected leaders, to prioritize us working families over profits for large, out-of-town landlords and corporate housing developers. Pass rent control and tenant protections this budget season. It's a huge opportunity to invest resources into everyday Fresnans and protect thousands of families from eviction and homelessness. Thank you. Sincerely, Pedro Cardenas 1 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-976 Agenda Date:6/22/2023 Agenda #: 1.-A. REPORT TO THE CITY COUNCIL FROM:TODD STERMER, City Clerk Office of the City Clerk SUBJECT Approval of Minutes for June 8, 2023, Regular Meeting, June 14, 2023, Budget Hearing and June 15, 2023, Regular Meeting. Attachment: Draft Minutes for June 8, 2023, Regular Meeting Draft Minutes for June 14, 2023, Budget Hearing Draft Minutes for June 15, 2023, Regular Meeting City of Fresno Printed on 6/29/2023Page 1 of 1 powered by Legistar™ 6/22/2023 NE/AP 6-0 LC ABSENT APPROVED ON CONSENT City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-962 Agenda Date:6/22/2023 Agenda #: 1.-B. REPORT TO THE CITY COUNCIL FROM:BRIAN BARR, Director General Services Department BY:ROBIN O’MALLEY, Facilities Manager General Services Department, Facilities Management Division SUBJECT Actions pertaining to the Parking Garage 4 High Priority Repairs located at 1919 Tulare Street: 1. Adopt finding a Categorical Exemption pursuant to Section 15301 Existing Facilities of the California Environmental Quality Act Guidelines 2. Award a construction contract with Ashron Construction and Restoration, Inc., of Galt, California, in the amount of $276,750 for the Parking Garage 4 High Priority Repairs project located at 1919 Tulare Street (Bid File 12300939) (District 3) RECOMMENDATION Staff recommends that Council adopt a finding of a Categorical Exemption, award a construction contract to Ashron Construction and Restoration, Inc. in the amount of $276,750 and authorize the Director of General Services or designee to execute all related documents. EXECUTIVE SUMMARY Parking Garage 4 has been in use for over 40 years and needs safety repairs to keep it structurally sound for years to come. An assessment of the parking garage was performed in 2016 by Walter P. Moore and Associates, whose report recommended High, Medium, and Low priority repairs for the structure. The proposed Parking Garage 4 High Priority Repairs project addresses all high priority repairs identified in the assessment, which includes post-tensioning reinforcement, slab spall repairs, epoxy injection repairs to cracks in beams, columns and walls, and the replacement of loose/broken barrier cables. These proposed repairs will provide a public safety improvement and will extend the parking structure’s lifespan. BACKGROUND Parking Garage 4, located at 1919 Tulare Street, provides 313 total parking stalls that are used for both monthly and daily parking for Downtown Fresno. The four-level structure is located on the corner of Tulare Street and Congo Alley. The parking garage provides optimal parking for several businesses in the surrounding area. The structure was built in the early 1980’s and there are several elements within the structure that need repair to maintain a safe operation for vehicles and City of Fresno Printed on 6/29/2023Page 1 of 2 powered by Legistar™ 6/22/2023 MA/AP 7-0 File #:ID 23-962 Agenda Date:6/22/2023 Agenda #: 1.-B. elements within the structure that need repair to maintain a safe operation for vehicles and pedestrians alike. The proposed repairs were identified as High Priority repairs in the 2016 Walter P.Moore Condition Assessment report which include post-tensioning reinforcement,slab spall repairs,epoxy injection repairs to cracks in beams, columns and walls, and the replacement of loose/broken barrier cables. Plans and specifications for the Parking Garage 4 High Priority Repairs project were prepared by Brooks-Ransom Associates,Inc.A Notice Inviting Bids was published on April 5,2023,distributed to twelve (12)building exchanges,and posted on Planet Bids.The specifications were distributed to thirty-one (31)prospective bidders.Two (2)bid proposals were received and opened in a public bid opening on May 2,2023,with the bid amounts ranging from $276,750 to $281,916.Staff has determined that Ashron Construction and Restoration,Inc.is the most responsive and responsible bidder. The City Attorney has approved the contract as to form. ENVIRONMENTAL FINDINGS Staff has determined that a Categorical Exemption is appropriate,based on Section 15301 Existing Facilities of the California Environmental Quality Act (CEQA)Guidelines,which exempts repair, maintenance or minor alterations of existing public facilities involving negligible or no expansion of existing or former use.Furthermore,Staff has determined that none of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines,Section 15300.2 apply to this project.Staff recommends Council,adopt finding of a Categorical Exemption per staff determination,pursuant to Section 15301 of the CEQA Guidelines for the Garage 4 High Priority Repairs project. LOCAL PREFERENCE Local preference was not implemented, as the two responsive and responsible bidders are not local as defined in Fresno Municipal Code Section 4-108(d). FISCAL IMPACT Funds for this project have been approved as part of the FY2023 Facilities Repair and Replacement budget. There will be no impact to the General Fund. Attachment: Bid Evaluation City of Fresno Printed on 6/29/2023Page 2 of 2 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-1007 Agenda Date:6/22/2023 Agenda #: 1.-C. REPORT TO THE CITY COUNCIL FROM:GEORGEANNE A. WHITE, City Manager Office of Mayor & City Manager SANTINO DANISI, MBA, City Controller/Finance Director Finance Department 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. City of Fresno Printed on 6/16/2023Page 1 of 3 powered by Legistar™ 6/22/2023 NEW FILE ID 23-1045 REMOVED FROM AGENDA & TABLED TO JUNE 29 File #:ID 23-1007 Agenda Date:6/22/2023 Agenda #: 1.-C. 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 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 City of Fresno Printed on 6/16/2023Page 2 of 3 powered by Legistar™ File #:ID 23-1007 Agenda Date:6/22/2023 Agenda #: 1.-C. This organization has been previously approved by Council. FISCAL IMPACT 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 6/16/2023Page 3 of 3 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-1008 Agenda Date:6/22/2023 Agenda #: 1.-D. REPORT TO THE CITY COUNCIL FROM:GEORGEANNE A. WHITE, City Manager Office of Mayor & City Manager BROCK D. BUCHE, PE, PLS, Director Department of Public Utilities SUBJECT Actions pertaining to temporary water service for fire suppression within Fancher Creek Town Center: 1. Adopt a finding of Categorical Exemption pursuant to Section 15301/Class 1 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines. 2. Approve a Temporary Water Service Agreement with Bakman Water Company City of Fresno Printed on 6/16/2023Page 1 of 1 powered by Legistar™ 6/22/2023 NEW FILE ID 23-1046 REMOVED FROM AGENDA & TABLED TO JUNE 29 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-980 Agenda Date:6/22/2023 Agenda #: 1.-E. REPORT TO THE CITY COUNCIL FROM:JERRY P. DYER, Mayor Office of Mayor & City Manager BY:MATTHEW GRUNDY, Deputy Mayor Office of Mayor & City Manager CHRIS MONTELONGO, Deputy Chief of Staff Office of Mayor & City Manager SUBJECT Approve the appointment of Douglas Dart (District 3 Resident) to the Fresno Regional Workforce Development Board for a term ending November 1, 2024. Approve the appointment of Laura Ward (District 1 Resident) to the Parks, Recreation, and Arts Commission for a term ending July 1, 2025. Approve the reappointment of Susan L. Coulter (District 6 Resident) to the Disability Advisory Commission for a term ending June 30, 2025. RECOMMENDATION Staff recommends approval. EXECUTIVE SUMMARY The Fresno Regional Workforce Development Board has members appointed by the County and City along with seven private sector members appointed by the Mayor. There are currently two private sector vacancies. The Mayor’s Office is providing the appointment of Douglas Dart for consideration. The Parks, Recreation, and Arts Commission has nine members appointed by the Mayor. One vacancy currently exists. Laura Ward has extensive knowledge and experience having worked on the arts component of Measure P and served on the board of the Fresno Arts Council. Ms. Ward has dedicated most of her life to advance awareness of the arts throughout Fresno, she also holds a minor in Art History from Stanford University. The Mayor’s Office is providing the appointment of Laura Ward for consideration to the position that is currently vacant. The Disability Advisory Commission has seven members appointed by the Mayor, there are currently two vacancies. Susan L. Coulter’s current term expires June 30, 2023. The Mayor’s Office is providing the reappointment of Susan L. Coulter for a term ending June 30, 2025, for consideration. City of Fresno Printed on 6/29/2023Page 1 of 2 powered by Legistar™ 6/22/2023 NE/AP 6-0 LC ABSENT APPROVED ON CONSENT File #:ID 23-980 Agenda Date:6/22/2023 Agenda #: 1.-E. Attachment:Dart Appointment Package Ward Appointment Package Coulter Reappointment Package City of Fresno Printed on 6/29/2023Page 2 of 2 powered by Legistar™ Douglas Dart Dart Realty South Of Shaw Beer Company Unhitched at Dart Ranch OBJECTIVE Douglas Dart is the principal broker for Dart Realty in Fresno, California. With our proven consultative approach, our objective is to be a professional full-service brokerage that contributes to a timely and successful close of escrow. We drive our business through sales, customer service, quality and a commitment that far exceeds other area Realtors. With the Douglas Dart Team, you’ll find a high level of commitment to all of our clients, integrity throughout the entire process and teamwork to make sure our tasks are timely, our valuations are accurate, and we are getting our clients the highest possible return on their assets. Douglas Dart is also an Owner/Partner of South of Shaw Beer Company. This brewery is dedicated to producing high quality beer and pizza in a comfortable, inclusive, and safe neighborhood environment. EXPERIENCE • 21 Years as a licensed full time Realtor/Broker • 38 Years as a licensed California Contractor with Construction Organization Ownership • 16 years of distressed property experience • Manages and re-balances income property profiles for over 200 investors by maintaining the highest returns using decades of experience and utilizing the latest tools, products, programs, and technologies available. • Manages and schedules 7 nightly rental properties in California and Tennessee • Owns and manages 11 doors for monthly rent and lease in Fresno • Member Fresno MLS, the California Regional MLS, California Association of Realtors, and the National Association of Realtors • 5 Star REO Conference Certification • Expert knowledge in REO Market including BPO’s, evictions, occupancy certifications, trash out, listings and sales. • Certified through Equator and RES.NET operating systems • Superior knowledge of investment purchases for profit, foreclosure process and current market conditions. • Scheduling and performing prospecting to ensure a high level of real estate leads. • Managing listing clients to ensure ultimate communication resulting in the highest possible returns • Extensive knowledge working with “flip” investors in acquisition, remodeling, and sales strategies • Successful knowledge of the short sale process. • Proven Ability to Work Well with all Levels of Management and Customers • Integrated Quality Processes and Process Improvement strategies to drive quality among real estate team members and schedule performance. • Excellent Interpersonal Relationship Building and Negotiation Skills with Customers, Sub-contractors, Real Estate Agents, bank negotiators and asset managers, vendors, and employees. • Vast experience managing a construction company with annual sales of $7MM and as many as 45 employees at any one time doing all phases of residential construction. • Owned and operated a cabinet shop for 9 years. • Substantiated Field Experience as a tradesman in all areas of Construction, specializing in finish carpentry. • Management of the processing of Tentative and Final Map plans, including negotiation of Conditions for Approval with County Agencies. • Working with all levels of consultants needed to achieve desired results to include: civil, soil, utility, traffic, and law enforcement. • Thorough and well adapted knowledge of blue prints. STRENGTHS Expert knowledge of Department of Real Estate and FAR Guidelines, REO Maestro, RES.NET, Equator, Microsoft Office to include, Excel, Word, Outlook, BuildSoft, Quickbooks, Google Docs & Sheets, Canva, Appfolio, Terradatum Broker Metrics, and Turbo Project; Excellent Communication and Follow up Skills; High Degree to Motivation and Energy; Ability to Motivate Others and Work Well Within a Team Environment; Strong Organizational and Presentation Skills; Attention to Detail; Dedicated to the Highest Professional Standards; Demonstrated Experience in the Distressed Property Industry and Business Ownership. Education and Accreditations Responsible Beverage Server Certified 2022 Certified and passed the Brewery and Pub Immersion Course 2019 Department of Real Estate Real Estate Broker License 2015 VRM Certified REO Broker Training Classes Passed Successfully 2010 Member AREAA Asian Real Estate Association of America 2010 Member NAHREP National Association of Hispanic Real Estate Professional 2010 Certified Member of National Assn Broker Price Opinion Professionals (NABPOP) 2008 Five Star Certified REO Agent Five Star Training Institute 2010 Foreclosure Response Team Platinum Certified Foreclosure Response Team International 2010 Member NASSPro National Association of Short Sale Professionals 2010 LMCPro Designation Loss Mitigation Certified Professional 2010 Certified Distressed Property Expert California Real Estate Designation 2009 Department of Real Estate, Sacramento CA Real Estate Sales Person License 2002 California State Licensing Board General Contractor’s License 1985 University of California, San Diego CA Mathematics and Computer Science 1985 Reedley College, Reedley CA Associate’s Art Degree General Education 1983 Certified International Open Water Diver PADI 1982 Interests and Community Involvement I enjoy adventuring across America on my motorcycle with friends to see the beautiful land we live in and meet the local residents and get an idea of how they live. I enjoy my church family and the many projects we do. I really enjoy the people who come from all over the world to stay at our nightly rentals as I get to experience their culture and lives during evening campfire chats. My wife and I also work closely with the local chapter of Labrador Rescue to help raise funds and awareness as we have adopted a rescue dog and am impressed with the organization. For the last several years I have enjoyed being a part of a new venture of starting a micro-brewery and tasting beers from across the world. I also enjoy golfing with my son, but I must admit, I'm not very good at the game! References Dorothy Carroll, Law Office of D.A. Carroll Sontaya Rose, City Of Fresno Pastor Shawn Beaty California Department of Real Estate License Number 01327834 Expires 4/21/027 Contractors State Licensing Board License Number 685493 Expires 8/31/2024 Laura E. Ward, JD, CHC, CFE EDUCATION University of the Pacific, McGeorge School of Law, Sacramento, CA Juris Doctor with a concentration in Taxation, May 2007 • Chief Comment Editor, McGeorge Law Review, Spring 2006 to Spring 2007 • Legislative Staff Writer and Comment Staff Writer, McGeorge Law Review, 2005 to 2006 Stanford University, Stanford, CA Bachelor of Arts in English (creative writing emphasis) and minor in Art History, June 2004 EXPERIENCE Ward Legal, Inc. Fresno, CA Attorney/Owner, July 2015 to Present • Advise business clients on for-profit and non-profit entity planning and formation, initial tax filings (exemption and registrations), dissolution, contracting, purchase and sale agreements, operational, regulatory, governance and compliance issues. • Assist for-profit and non-profit clients with contract drafting, review, and revision, as well as entity policy and procedures, letters of intent, and memorandums of understanding. • Advise non-profit clients on ongoing compliance related to best practices, regulatory compliance with various oversight bodies, and administrative alignment with other non- profit and for-profit entities. • Develop and implement comprehensive estate plans for individuals and families. • Assist clients with obtaining Knox-Keene licenses to operate health maintenance organizations; Contracted Privacy and Compliance Officer for three restricted Knox Keene licensed Medicare Advantage health plans. • Advise Knox Keene licensed HMOs and employers sponsoring self-funded health plans on health care reform, the Affordable Care Act, ERISA state, and federal law and regulation compliance. • Counsel healthcare providers, administrators, and facilities on the full range of health care related state and federal issues, including but not limited to consent, privacy, managed care, anti- kickback, HIPAA, COBRA, and the self-referral prohibitions in Stark and PORA. Tucker, Chiu, Hebesha & Ward PC, Clovis, CA Attorney/Owner, February 2011 to June 2015 Transactional attorney (emphasis in corporate, nonprofit, health law, benefits, estates, and taxation). Kimble MacMichael & Upton, Fresno, CA Associate Attorney, September 2007 to February 2011 Transactional attorney (emphasis in corporate, nonprofit, health law, benefits, ERISA, compliance). PROFESSIONAL AFFILIATIONS AND CERTIFICATIONS • Certified in Healthcare Compliance, Health Care Compliance Assoc., May 2017 to Present. • Certified Fraud Examiner, Association of Certified Fraud Examiners, March 2021 to Present. • Board Member & Co-President, Fresno Area Stanford Alumni Association, 2007 to Present. • Selected as Northern CA “Rising Star” in healthcare by Super Lawyers Magazine, 2014-2022. • Selected as Northern CA “Super Lawyer” in healthcare by Super Lawyers Magazine, 2023. • Member, Fresno County Bar – Business & Pro Bono Legal Services Section, 2007 to Present. • Member, Fresno County Women Lawyers, 2008 to Present. • Certified Yoga Teacher, RYT-200, Balanced Rock Foundation (Yosemite), 2016 to Present. • Board Member and Vice President, Fresno Arts Council, 2018 to Present. • Board Member and Volunteer Pro Bono Attorney, Central California Legal Services Inc., March 2019 to August 2022. • Board Member, BLACK Wellness & Prosperity Center, 2020 to Present. • Rotary Club of North Fresno, Member & Endowment Fund Secretary, 2017 to Present. • Commissioner for District One and Vice Chair, City of Fresno Women’s Commission, 2022 to Present. Susan L Coulter City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-1020 Agenda Date:6/22/2023 Agenda #:1.-F. 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 business owners and homebuyers. For these reasons, the Mayor and City Council discussed hiring City of Fresno Printed on 6/16/2023Page 1 of 3 powered by Legistar™ 6/22/2023 NEW FILE ID 23-1056 REMOVED FROM AGENDA & TABLED TO JUNE 29 File #:ID 23-1020 Agenda Date:6/22/2023 Agenda #:1.-F. 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. The City Attorney’s Office has reviewed and approved all associated items as to form. City of Fresno Printed on 6/16/2023Page 2 of 3 powered by Legistar™ File #:ID 23-1020 Agenda Date:6/22/2023 Agenda #:1.-F. 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 6/16/2023Page 3 of 3 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-930 Agenda Date:6/22/2023 Agenda #: 1.-G. REPORT TO THE CITY COUNCIL FROM:JENNIFER CLARK, Director Planning and Development Department BY:PHIL SKEI, Assistant Director Planning and Development Department SUBJECT Actions pertaining to City-owned Assessor’s Parcel Number 456-030-34T and 456-030-44 (District 7) 1. *** RESOLUTION - Revoking the Declaration of Accessor’s Parcel Number (APN) 456-030- 34T (Subject to Mayor’s Veto) 2. *** RESOLUTION - Declaring Property identified as Assessor’s Parcel Numbers 456-030-34T and 456-030-44 to be exempt surplus land and initiating the open and competitive request for proposals for an extended land lease of the property for permanent affordable and/or mixed income housing development (Subject to Mayor’s Veto) RECOMMENDATION Staff recommends the City Council: 1. Adopt a Resolution revoking Resolution No. 2020-042, adopted March 5, 2020, as it pertains to Assessor’s Parcel Number 456-030-34T, declaring the property to be surplus. 2. Adopt a Resolution Declaring a 9.37-acre parcel of land, identified as Assessor’s Parcel Number (APN) 456-030-34T and 456-030-44, merged on November 17, 2020, to be exempt surplus land and directing staff to comply with the open and competitive request for proposals (RFP) process for the disposition of this property for a permanent affordable and/or mixed income housing development as required by FMC Section 4-204. EXECUTIVE SUMMARY On March 5, 2020, Assessor’s Parcel Number (APN) 456-030-34T was one of three City-owned parcels declared surplus, by the adoption of Resolution No. 2020-042. On June 29, 2022, APN 456- 030-44, an adjacent parcel to 456-030-34T, was donated to the City for the development of permanent affordable and/or mixed income housing. On November 17, 2022, the City merged APN 456-030-34T and APN 456-030-44, creating one 9.37-acre parcel of vacant land. APN 456-030-34T has since been identified by staff for the development of permanent affordable and/or mixed income housing, necessitating the City to revoke Resolution No. 2020-042, as it pertains to APN 456-030-34T, attached as “Resolution to Revoke.” In accordance with the State of California Assembly Bill No. 1486 and 1255, commonly referred to as City of Fresno Printed on 6/29/2023Page 1 of 3 powered by Legistar™ 6/22/2023 NE/AP 6-0 LC ABSENT APPROVED ON CONSENT R. 2023-188, R. 2023-189 File #:ID 23-930 Agenda Date:6/22/2023 Agenda #: 1.-G. In accordance with the State of California Assembly Bill No.1486 and 1255,commonly referred to as the Surplus Land Act (SLA),the Council shall take formal action in a public meeting to declare this City-owned property as exempt surplus land.The attached “Resolution -Exempt Surplus”declares APN 456-030-34T and 44,as exempt surplus real property pursuant to Government Code section 37364 and section 54221(f)(1)(A)and shall comply with all development conditions as required under this exemption. APN 456-030-34T and 44 is a suitable site for the development of permanent affordable and/or mixed income housing.Staff recommends Council to initiate an open and competitive request for proposals (RFP)process for an affordable and/or mixed income housing development as required pursuant to FMC Section 4-204. BACKGROUND City staff has concluded that APN 456-030-34T and 44 is exempt surplus real property,as APN 456- 030-44 was donated to the City on June 29,2022,for the exclusive purpose of developing permanent affordable and/or mixed income housing. The proposed development and affordability restrictions support the findings that the property qualifies as exempt from the California Surplus Land Act as stated in Government Code Section 37364(a):“…whenever the legislative body of a city determines that any real property or interest therein owned or to be purchased by the city can be used to provide housing affordable to persons and families of low or moderate income,as defined by Section 50093 of the Health and Safety Code or as defined by the United States Department of Housing and Urban Development or its successors, and that this use is in the city's best interests,the city may sell,lease,exchange,quitclaim,convey, or otherwise dispose of the real property or interest therein at less than fair market value,or purchase an interest in the real property,to provide that affordable housing under whatever terms and conditions the city deems best suited to the provision of such housing.” On May 18,2023,the State of California Department of Housing and Community Development (HCD)concurred with the Resolution prepared to declare Exempt Surplus.HCD concurred that a development of the type described herein is in compliance with the following requirements of Government Code section 37364: a)Minimum of 80%of the area of any parcel shall be used for development of housing (remaining 20% could be ancillary commercial or park/open space use) b)Not less than 40%of the total number of housing units developed on any parcel pursuant to this section shall be affordable to households whose incomes are equal to,or less than,75 percent of the maximum income of lower income households (80% of area median income), and at least half of which (20% of the units) shall be affordable to very low-income households (50% of area median income).(HCD chart to calculate income limits: <https://www.hcd.ca.gov/grants-funding/income-limits/state-and-federal-income-limits/docs/income- limits-2021.pdf>.) c) Dwelling units shall be restricted by regulatory agreement to remain continually affordable to those persons and families for the longest feasible time, but not less than 30 years and shall be recorded against the property. City of Fresno Printed on 6/29/2023Page 2 of 3 powered by Legistar™ File #:ID 23-930 Agenda Date:6/22/2023 Agenda #: 1.-G. The attached Resolution and findings are a requirement of SLA to designate the property as exempt surplus land. The request for proposals process initiated by this Council action will require any developer to comply with the development parameters outlined above. The City Attorney has reviewed and approved both attached Resolutions to form. ENVIRONMENTAL FINDINGS This is not a project for the purposes of the California Environmental Quality Act. LOCAL PREFERENCE Adoption of this Resolution to Declare real property exempt surplus,is not subject to local preference. FISCAL IMPACT There is no fiscal impact to the City at this time. Attachments: Resolution to Revoke Resolution - Exempt Surplus City of Fresno Printed on 6/29/2023Page 3 of 3 powered by Legistar™ 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, REVOKING THE DECLARATION OF ASSESSOR’S PARCEL NUMBER (APN) 456-030-34T WHEREAS, on March 5, 2020, the City Council declared APN 456-030-34T surplus by Resolution No. 2020-042; and WHEREAS, in May 2022, APN 456-030-44, an adjacent parcel to APN 456-030- 34T was donated to City for the development of affordable housing; and WHEREAS, on November 17, 2022, the City merged APN 456-030-34T and APN 456-030-44 for the development of affordable housing; and WHEREAS, staff has now identified APN 456-030-34T for use in the development of affordable housing when merged with APN 456-030-44; and WHEREAS, the City desires to revoke Resolution No. 2020-042 as it pertains to APN 456-030-34T. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as follows: 1. The City Council hereby revokes Resolution No. 2020-042 as it pertains to APN 456-030-34T. 2. The City Manager or designee is requested to send a notice of withdrawal to all housing sponsors, local public entities, HCD, and any other developers to which the notice of availability was sent pursuant to Section 202(a)(2)(D)(iii) of the Surplus Land Act Guidelines. 2 of 2 3. City staff is hereby directed to take all actions required by the Surplus Land Act to secure approval from the Department of Housing and Community Development for the use of APN 456-030-34T for the development of affordable housing, then present Council with proposals for said development of affordable housing. 4. This resolution shall be effective upon final approval. * * * * * * * * * * * * * * STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) I, TODD STERMER, City Clerk of the City of Fresno, certify that the foregoing resolution was adopted by the Council of the City of Fresno, at a regular meeting held on the day of 2023. AYES : NOES : ABSENT : ABSTAIN : Mayor Approval: , 2023 Mayor Approval/No Return: , 2023 Mayor Veto: , 2023 Council Override Vote: , 2023 TODD STERMER, CMC City Clerk By: Deputy Date APPROVED AS TO FORM: ANDREW JANZ City Attorney By: Angela M. Karst Date Deputy City Attorney EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO IS SITUATED IN THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 13 SOUTH, RANGE 21 EAST, MOUNT DIABLO BASE AND MERIDIAN, IN THE CITY OF FRESNO, COUNTY OF FRESNO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF PARCEL "C" OF PARCEL MAP NO. 80-01, ACCORDING TO THE MAP THEREOF RECORDED IN BOOK 35 OF PARCEL MAPS AT PAGES 58 AND 59, FRESNO COUNTY RECORDS; THENCE NORTH 89°39'55" WEST, ON THE SOUTH LINE OF SAID PARCEL "C", A DISTANCE OF 642.00 FEET; THENCE NORTH 0°02'08" EAST, LEAVING SAID SOUTH LINE, PARALLEL WITH THE EAST LINE OF SAID PARCEL "C", A DISTANCE OF 255.00 FEET; THENCE SOUTH 89°39'55" EAST, PARALLEL WITH SAID SOUTH LINE, A DISTANCE OF 725.00 FEET TO A LINE PARALLEL WITH, AT RIGHT ANGLES, AND 83.00 FEET EAST OF THE EAST LINE OF SAID PARCEL "C", THENCE SOUTH 0°02'08" WEST, ON SAID PARALLEL LINE, A DISTANCE OF 255.00 FEET TO THE SOUTH LINE OF PARCEL "D" OF SAID PARCEL MAP; THENCE NORTH 89°39'55" WEST, ON SAID SOUTH LINE, A DISTANCE OF 83.00 FEET TO THE TRUE POINT OF BEGINNING. APN 456-030-34T 1 of 4 Date Adopted: Date Approved: Effective Date: City Attorney Approval: ______ Resolution No. ____________ RESOLUTION NO. ____________ A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, DECLARING PROPERTY IDENTIFIED AS ASSESSOR’S PARCEL NUMBERS 456- 030-34T AND 456-030-44 TO BE EXEMPT SURPLUS LAND AND INITIATING THE OPEN AND COMPETITIVE REQUEST FOR PROPOSALS FOR AN EXTENDED LAND LEASE OF THE PROPERTY FOR PERMANENT AFFORDABLE AND/OR MIXED INCOME HOUSING DEVELOPMENT WHEREAS, the City of Fresno (City) owns a 9.37 acre parcel of land identified as Assessor’s Parcel Numbers (APN) 456-030-34T and 456-030-44 (Property), as more particularly described in Exhibit A, attached hereto and made a part hereof by reference; and WHEREAS, on November 17, 2022, the City merged APN 450-030-34T and APN 456-030-44; which the Property will be provided with a new parcel number by the Fresno County Assessor at the end of the year; and WHEREAS, the Surplus Land Act (California Government Code sections 54220 through 54236) is generally intended to make a local agency's surplus land (i.e., land not needed for the agency's use) available for potential acquisition by affordable housing sponsors for affordable housing purposes or by other local public entities; and WHEREAS, California Government Code section 54221(b) and the April 2021 Surplus Land Act Guidelines (SLA Guidelines) published by the California Department of Housing and Community Development (HCD) require that prior to taking any action to dispose of land that is subject to the Surplus Land Act, the City Council must, at a public 2 of 4 meeting, declare the land either surplus land or exempt surplus land, as each are defined in California Government Code section 54221; and WHEREAS, under the Surplus Land Act, land shall be declared either “surplus land” or “exempt surplus land” as supported by written findings, before a local agency may take any action to dispose of it consistent with the agency’s policies or procedures; and WHEREAS, the City has sought concurrence with the State of California Housing and Community Development Department, and the State has concurred that APN 450- 030-34T and 456-030-44 was determined to be exempt surplus land on May 18, 2023; and WHEREAS, the proposed development and affordability restrictions support the findings that the property qualifies as exempt from the California Surplus Land Act pursuant to Government Code section 54221(f)(1)(A) because the Properties will be disposed for the development project pursuant to Government Code section 37364(a) which requires: (1) Minimum of 80% of the area of any parcel shall be used for development of housing (remaining 20% could be ancillary commercial or park/open space use); (2) Not less than 40% of the total number of housing units developed on any parcel pursuant to this section shall be affordable to households whose incomes are equal to, or less than, 75 percent of the maximum income of lower income households (80% of area median income), and at least half of which (20% of the units) shall be affordable to very low-income households (50% of area median income); and (3) Dwelling units shall be restricted by regulatory agreement to remain continually affordable to those persons 3 of 4 and families for the longest feasible time, but not less than 30 years and shall be recorded against the property; and WHEREAS, in accordance with Government Code section 54221(b)(1), the land is owned in fee simple by the City for which the governing body takes formal action in a regular public meeting declaring that the land is surplus and is not necessary for the agency’s use; and WHEREAS, the City will release a Request for Proposal for a Community Housing Development Organization to develop the site as senior affordable housing development. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as follows: 1. The City Council hereby declares the 9.37-acre parcel of land identified as Assessor’s Parcel Numbers (APN) 456-030-34T and 456-030-44 exempt surplus land pursuant to Government Code section 54221(f)(1)(A) of the California Surplus Land Act because the Property will be transferred for a development project pursuant to Government Code section 37364. 2. The City Council hereby initiates the open and competitive request for proposals process for the development of this parcel into affordable housing pursuant to Fresno Municipal Code section 4-204 and return to Council for approval of an Agreement for disposition. 3. Conduct any environmental assessment as may be required under the California Environmental Quality Act. 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 Date APPROVED AS TO FORM: ANDREW JANZ City Attorney By: Angela M. Karst Date Deputy City Attorney Attachment: Exhibit A EXHIBIT A Legal Description THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF FRESNO, COUNTY OF FRESNO, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: THE LAND REFERRED TO IS SITUATED IN THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 13 SOUTH, RANGE 21 EAST, MOUNT DIABLO BASE AND MERIDIAN, IN THE CITY OF FRESNO, COUNTY OF FRESNO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF PARCEL "C" OF PARCEL MAP NO. 80-01, ACCORDING TO THE MAP THEREOF RECORDED IN BOOK 35 OF PARCEL MAPS AT PAGES 58 AND 59, FRESNO COUNTY RECORDS; THENCE NORTH 89°39'55" WEST, ON THE SOUTH LINE OF SAID PARCEL "C", A DISTANCE OF 642.00 FEET; THENCE NORTH 0°02'08" EAST, LEAVING SAID SOUTH LINE, PARALLEL WITH THE EAST LINE OF SAID PARCEL "C", A DISTANCE OF 255.00 FEET; THENCE SOUTH 89°39'55" EAST, PARALLEL WITH SAID SOUTH LINE, A DISTANCE OF 725.00 FEET TO A LINE PARALLEL WITH, AT RIGHT ANGLES, AND 83.00 FEET EAST OF THE EAST LINE OF SAID PARCEL "C", THENCE SOUTH 0°02'08" WEST, ON SAID PARALLEL LINE, A DISTANCE OF 255.00 FEET TO THE SOUTH LINE OF PARCEL "D" OF SAID PARCEL MAP; THENCE NORTH 89°39'55" WEST, ON SAID SOUTH LINE, A DISTANCE OF 83.00 FEET TO THE TRUE POINT OF BEGINNING. TOGETHER WITH PARCEL "D" OF PARCEL MAP NO. 80-01, ACCORDING TO THE MAP THEREOF RECORDED DECEMBER 1, 1980 IN BOOK 35, PAGES 58 AND 59 OF PARCEL MAPS, FRESNO COUNTY RECORDS. EXCEPTING THEREFROM THE WEST 83.00 FEET THEREOF; ALSO EXCEPTING THEREFROM PARCEL MAP NO. 96-09, ACCORDING TO THE MAP THEREOF RECORDED IN BOOK 57, PAGE 52 OF PARCEL MAPS, FRESNO COUNTY RECORDS. ALSO EXCEPTING THEREFROM A PORTION OF SAID LAND THAT WAS CONVEYED TO THE STATE OF CALIFORNIA BY GRANT DEED RECORDED FEBRUARY 20, 1998. AS DOCUMENT NO. 98024113. ALSO EXCEPING THEREFROM A PORTION OF SAID LAND THAT WAS CONVEYED TO THE STATE OF CALIFORNIA BY GRANT DEED RECORDED FEBRUARY 1, 2001, AS DOCUMENT NO. 2001-0012229. ALSO TOGETHER WITH UNDERLYING FEE TITLE RIGHTS TO ALL ADJACENT PUBLIC STREET RIGHT OF WAY. THIS LEGAL DESCRIPTION IS MADE PURSUANT TO THAT LOT LINE ADJUSTMENT NO. 2022-14 RECORDED JUNE 29, 2022 AS DOCUMENT NO. 2022-0085055 OF OFFICIAL RECORDS. APN 456-030-34T and 456-030-44 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-956 Agenda Date:6/22/2023 Agenda #: 1.-H. REPORT TO THE CITY COUNCIL FROM:BROCK D. BUCHE, PE, PLS, Director Department of Public Utilities BY:CHERYL BURNS, MPA, Senior Management Analyst Department of Public Utilities - Administration SUBJECT Approve a First Amendment to the professional public information services contract for the Department of Public Utilities with Two Q, Inc. dba JP Marketing to extend the agreement through June 30, 2024, and increase the contract amount by $808,698 to fund continuity of services, for a revised total contract amount of $2,993,673. RECOMMENDATION Staff recommends that Council approve the First Amendment to the professional public information services contract for the Department of Public Utilities with Two Q, Inc. dba JP Marketing to extend the agreement through June 30, 2024 and to increase the contract amount by $808,698 to fund continuity of services, for a revised total contract amount of $2,993,673; and authorize the Director of Public Utilities, or designee, to execute the amendment on behalf of the City of Fresno (City). EXECUTIVE SUMMARY On January 22, 2018, the City executed a contract with JP Marketing in the amount of $436,995 annually for the Professional Public Information Services for the Department of Public Utilities Request for Proposals No. 9402. The contract term was three years with two optional one-year extensions, both of which were executed. With the impending expiration of JP Marketing’s contract, the Purchasing Manager executed an interim contract extension, as permitted under the contract, on December 16, 2022, at DPU’s request for continuity of service on specific tasks. The interim extension is valid through October 22, 2023. The funding approved by the City Council under the original agreement has been expended. City Council approval of additional funds for the interim extension is now required, along with a time extension through June 30, 2024, to allow for ongoing services related to the Proposition 218 process. The cost proposal for JP Marketing’s interim extension tasks totals $808,698. Of that, $211,100 is labor hours for JP Marketing, which represents an approximately 60-percent reduction in labor costs from the original contract. The remaining $597,598 is for print and mail hard costs that will be passed through JP Marketing to DPU with no agency mark up. City of Fresno Printed on 6/16/2023Page 1 of 3 powered by Legistar™ 6/22/2023 REMOVED TO JUNE 29 FILE ID 23-1057 File #:ID 23-956 Agenda Date:6/22/2023 Agenda #: 1.-H. The Department does not have the capacity to perform these activities in house. BACKGROUND On January 22,2018,the City executed a contract with JP Marketing in the amount of $436,995 annually for Professional Public Information Services for the Department of Public Utilities Request for Proposals No.9402.The contract term was three years with two optional one-year extensions. The first one-year extension was executed on October 21,2020,effective through January 22,2022. The second one-year extension was executed on October 20,2021,effective through January 22, 2023. With the impending expiration of JP Marketing’s contract,the Purchasing Manager executed an interim contract extension,as permitted under the contract,on December 16,2022,at DPU’s request.The interim extension is valid through October 22,2023,and is necessary for continuity of service on specific tasks,including:the design and printing of monthly utility bill inserts,the preparation and printing of the annual Community Confidence (Water Quality)Report,large campaign strategic direction and creative concepting,grant-funded campaign support,staff extension support,and Proposition 218 rate-setting outreach activities and printing needs.The breakdown of costs is identified in Table 1 below. Table 1 - Breakdown of JP Marketing Interim Extension Costs Task Labor Print & Mail Hard Costs Paid Outreach Total Proposition 218 $39,500 $290,598 $54,450 $384,548 Water Quality Report $17,000 $7,550 $12,000 $36,550 Utility Inserts $57,600 $183,000 n/a $240,600 Large Campaign Strategy & Creative $40,000 n/a n/a $40,000 Grant-Funded Campaigns & Programs $36,000 n/a $50,000 $86,000 Staff Extension Support $21,000 n/a n/a $21,000 TOTALS $211,100 $481,148 $116,450 $808,698 The funding approved by the City Council under the original agreement has been expended.City Council approval of additional funds for the interim extension is now required,along with a time extension through June 30, 2024, for completion of Proposition 218 activities. The cost proposal for JP Marketing’s interim extension tasks totals $808,698.Of that,$211,100 is labor hours for JP Marketing,which represents an approximately 60-percent reduction in labor costs from the original contract.The remaining $597,598 is for print and mail hard costs that will be passed through JP Marketing to DPU with no agency mark up.The majority of the print and mail hard costs, in the amount of $290,598,are related to the printing of legally required Proposition 218 materials, including the Notice,Protest Card,outbound envelopes,and return envelopes.The second largest print and mail hard costs,in the amount of $183,000,are for the printing and shipping of the monthly utility bill inserts. City of Fresno Printed on 6/16/2023Page 2 of 3 powered by Legistar™ File #:ID 23-956 Agenda Date:6/22/2023 Agenda #: 1.-H. DPU will be soliciting proposals for a new marketing and outreach contract prior to the expiration of the proposed contract extension with JP Marketing for certain tasks.Other tasks will be kept in house which may require the hiring of additional staff. ENVIRONMENTAL FINDINGS By the definition provided in the California Environmental Quality Act Guidelines Section 15378 this contract amendment is not a "project.” LOCAL PREFERENCE Local Preference was not implemented as this is an amendment to an existing contract. FISCAL IMPACT There is no impact to the General Fund.The funds for outreach and education activities are appropriated in the Water Enterprise,Wastewater Enterprise,and Solid Waste Enterprise Fiscal Year 2024 budgets. Attachments: Attachment 1 - First Amendment Attachment 2 - Agreement for Professional Public Information Services City of Fresno Printed on 6/16/2023Page 3 of 3 powered by Legistar™ 1 FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT (Amendment) made and entered into as of this ____ day of ___________ 2023, amends the Agreement entered into between the CITY OF FRESNO, a California municipal corporation (City), and TWO Q, INC. dba JP MARKETING, a California Corporation (Consultant). RECITALS WHEREAS, City and Consultant entered into an Agreement for Professional Public Information Services for the Department of Public Utilities (Agreement), dated January 22, 2022; and WHEREAS, pursuant to the terms of the Agreement, the Purchasing Manager authorized two one-year extensions which expired on January 22, 2022, and January 23, 2023, respectively; and WHEREAS, the Agreement authorizes the Purchasing Manager, upon expiration of the final one-year extension term, to grant an extension of no more than twelve months to allow for the uninterrupted performance for services under the agreement; and WHEREAS, at the Department of Public Utilities’ (DPU) request, the Purchasing Manager approved an interim contract extension, extending the term of the Agreement to October 22, 2023, for the purpose of providing continuity of services; and WHEREAS, DPU requires continued services from Consultant, beyond the remaining allowable term of the interim extension, including support in completing tasks related to the Proposition 218 rate process; and WHEREAS, all funding approved under the Agreement has been expended; and WHEREAS, the City and Contractor would like to amend the agreement to extend the term and to increase the compensation allowed under the contract by $808,698 to fund continuity of services under the contract extension. AGREEMENT NOW, THEREFORE, the parties agree that the Agreement be amended as follows: 1. The recitals set forth above are incorporated herein by reference and made part of this First Amendment. 2. The Term of the Agreement shall be extended to June 30, 2024. 3. Contactor shall perform the tasks identified in Exhibit A. 4. Contractor’s compensation for the performance of the tasks identified in Exhibit A shall not exceed $808,698, as reflected in Exhibit A. 5. In the event of any conflict between the body of th is 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. Further any terms or conditions contained within any exhibit or attachment hereto which purport to modify the allocation of risk between the parties, provided for the within the body of this Amendment, shall be null and void. DocuSign Envelope ID: 4B96AC24-3DB9-4EE0-A889-03C39ACCE311 2 6. Except as otherwise provided herein, the Agreement entered into by Ci ty and Consultant, dated January 22, 2018, remains in full force and effect. IN WITNESS WHEREOF, the parties have executed this Amendment at Fresno, California, the day and year first above written. CITY OF FRESNO TWO Q, INC. dba JP MARKETING, a municipal corporation a California Corporation By: By: ____________________________ Brock D. Buche, Director Department of Public Utilities Name: __________________________ Title: ___________________________ (If corporation or LLC, Board Chair, Pres. APPROVED AS TO FORM: Secretary or Vice Pres.) ANDREW JANZ City Attorney By: ____________________________ By: Name: ________________________ Jennifer M. Quintanilla Date Senior Deputy City Attorney Title:_________________________ (If corporation or LLC, CFO, Treasurer, Secretary or Assistant Secretary) ATTEST: TODD STERMER, CMC City Clerk By: Deputy Date Attachments: Exhibit A – Scope of Work & Cost Proposal DocuSign Envelope ID: 4B96AC24-3DB9-4EE0-A889-03C39ACCE311 President Jane Olvera 6/5/2023 Jenna Antonino 6/5/2023 CFO/ Secretary 6/6/2023 Clerk Attesting © MMXXII JP Marketing, A Division of Two Q, Inc. Privileged & Confidential Monday, June 5, 2023 Exhibit A COST PROPOSAL City of Fresno Department of Public Utilities Scope of Work Commencing TBD rev 4 Overview The current marketing contract between the Department of Public Utilities (DPU) and Two Q, Inc. dba JP Marketing (JP) concludes on January 31, 2023. This contract allows for an extension on a month-to-month basis for a specific and/or anticipated scope of work through June 30, 2024. Given that projects may be shifting between departments within the city, we are proposing the following scope of work that optimizes flexibility of and accessibility to the JP team for continuity and support when staff bandwidth is stretch or additional strategic support is desired. Scope of Work Proposition 218 Includes strategic planning, inter-department collaboration, and message development for a multi-media campaign with research concepting, copywriting, design, regulatory compliance review, and quality assurance management; also includes in-language versions, ADA version, and website and social graphics and media buying for public outreach in three languages. Print & Production includes hard costs for print package to be totally outsources that includes a multi-page notice, a protest card, and outside mailing envelope, inside return envelope and fold/stuff labor based on 240,000 customers (tenants and owners). Paid outreach includes multi-media strategies to reach Fresno audiences in 4 languages (English, Spanish, Hmong & Punjabi). The following paid placements will be included in the strategy: English – radio PSAs, print & digital news, social media ads, connected TV ads (hulu, peacock, etc.) Spanish – radio PSAs, print & digital news, social media ads, Univision in content interviews, paid email distribution through CBO partners Hmong – radio PSAs and in content interviews, digital news, YouTube ads, paid email distribution through CBO partners Punjabi – radio PSAs and in content interviews, digital news, YouTube ads, paid email distribution through CBO partners Labor: $39,500 Print & Production: $290,598* Paid Outreach: $54,450 *This is a hard cost that is not marked up; this cost estimate assumes the cost of paper, printing, and postage will not further increase; note that postage is NOT included as it will be paid directly by DPU to USPS. DocuSign Envelope ID: 4B96AC24-3DB9-4EE0-A889-03C39ACCE311 © MMXXII JP Marketing, A Division of Two Q, Inc. Privileged & Confidential Monday, June 5, 2023 Community Confidence (Water Quality) Report Includes planning, copywriting, design, pre-press, and quality assurance management; also includes in-language versions, ADA version, and website and social graphics, print and radio PSAs in three languages for public outreach for this one-time campaign. Labor: $17,000 Printing: $7,550 Paid Outreach: $12,000 *This is a hard cost that is not marked up; this cost estimate assumes the cost of paper and printing will not further increase in 2023. Utility Inserts Includes planning, copywriting, design, pre-press, and quality assurance management for two-sided, monthly inserts; also includes ADA version and website, and social static graphics for public outreach that occurs monthly for the ensuing 12-month period. Labor: $57,600 Printing: $183,000* *This is a hard cost that is not marked up; this cost estimate assumes the cost of paper and printing will not further increase in 2023. Large Campaign Strategic Direction & Creative Concepting In the event there is a need or desire for collaboration based on our five years of experience with DPU and our bench of talent, JP is recommending a bucket of hours to be used at department discretion for strategic direction or creative concepting on larger campaigns such as the highly successful “Litterheads” anti-littering campaign. We recommend that we would provide labor hours only and allow the City communications department to execute the final concepts. Labor: $40,000 Grant Funded Campaign Support This would include support for the grant funded campaigns, including but not limited to a Bottles & Cans campaign, a Smart Irrigation Controller program, and a Recycling Education and Outreach campaign. that is grant funded in which the media investment is paid through JP. We are anticipating one campaign in the Spring utilizing new creative. Labor: $36,000 Paid Outreach: $50,000* *This is estimated based on current knowledge, but is a paid media net hard cost that is not marked up Staff Extension Support In the event additional support is needed on demand for concepting, copywriting, design, translations, ADA compliance versioning, JP is recommending a bucket of hours to be used at department discretion. Labor: $21,000 DocuSign Envelope ID: 4B96AC24-3DB9-4EE0-A889-03C39ACCE311 © MMXXII JP Marketing, A Division of Two Q, Inc. Privileged & Confidential Monday, June 5, 2023 Budget Rollup The total scope of work amounts to $808,698, but of that, $211,100 is labor hours, representing a ~65% reduction in our previous contract. All hard costs and paid outreach will be pass through to DPU with no agency mark up. Scope of Work Labor Print & Mail Hardcosts Paid Outreach Proposition 218 $39,500 $290,598 $54,450 Water Quality Report $17,000 $7,550 $12,000 Utility Inserts $57,600 $183,000 n/a Large Campaign Strategy & Creative $40,000 Grant Funded Campaigns & Programs $36,000 $50,000 Staff Extension Support $21,000 Sub-Totals $211,100 $481,148 $116,450 DocuSign Envelope ID: 4B96AC24-3DB9-4EE0-A889-03C39ACCE311 CONTRACT THIS CONTRACT is made and entered into by and between the CITY OF FRESNO, a California municipal corporation (hereinafter referred to as "City"), and Two Q, Inc. dba JP Marketing (JP Marketing) (hereinafter referred to as "Contractor") as follows: 1. CONTRACT DOCUMENTS. The "Notice Inviting Proposals," "Instructions to Proposers," "Proposal" and the "Specifications" including "General Conditions," "Special Conditions", and "Scope of Work" for the following: Professional Public Information Services for the Department of Public Utilities Request for Proposals No. 9402, 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 Four Hundred Thirty Six Thousand and Nine Hundred Fifty Five Dollars ($436,955), 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: Contractor shall indemnify, hold harmless and defend City and each of its officers, officials employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage) incurred by City, Contractor or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of performance of this Contract. Contractor's obligations under the preceding sentence shall apply regardless of whether City or any of its officers, officials, employees, agents or volunteers are actively or passively 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 Contractor should subcontract all or any portion of the work to be performed under this Contract, Contractor shall require each subcontractor to indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers in accordance with the terms of the preceding paragraph. This section shall survive termination or expiration of this Contract. Ill/I //Ill /Ill/ Ill// 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. TWO Q, INC. OBA JP MARKETING a California Corporation ("Corporation") By : ~...:::....:::-''t._.......__l()_/VA_LnJ..... __ Q_Ll..Q,.,_be-J __ Jeann Antonino Secretai:,i lY e(/\JvJ('fX Dated :_!_1..,/_2 -1--'t / /~] ___ _ ATTEST: YVONNE SPENCE City Clerk By: 7YJCVvtJ-o lf/h~ Deputy M ~ 1/zz./lF """"° /vlw1,"' r,. APPROVED AS TO FORM : DOUGLAS T. SLOAN City Attorney ~ BYc~c De puty/6enio r Deputy .... INDEMNIFICATION AND HOLD HARMLESS AGREEMENT To the furthest extent allowed by law, PROFESSIONAL SERVICES shall indemnify, hold harmless and defend CITY and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage), and from any and all claims, demands and actions in law or equity (including reasonable attorney's fees and litigation expenses) that arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of PROFESSIONAL SERVICES, its principals, officers, employees, agents or volunteers in the performance of this Agreement. Throughout the life of this Agreement, PROFESSIONAL SERVICES 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, or as may be authorized or required in writing by City's Risk Manager or his/her designee at any time and in his/her sole discretion. The fact that insurance is obtained by PROFESSIONAL SERVICES shall not be deemed to release or diminish the liability of PROFESSIONAL SERVICES, including, without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify City and its officers, officials, 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 PROFESSIONAL SERVICES. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of PROFESSIONAL SERVICES, or any of its board, officers, employees, agents, volunteers, invitees, suppliers, vendors, Contractors, Consultants or subcontractors. If PROFESSIONAL SERVICES should subcontract all or any portion of the services to be performed under this Agreement, PROFESSIONAL SERVICES 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. City shall be reimbursed for all costs and attorney's fees incurred by City in enforcing this Agreement. This Indemnification and Hold Harmless Agreement shall survive the completion of any work for City by PROFESSIONAL SERVICES. The undersigned acknowledges that he/she (i) has read and fully understands the content of this Indemnification and Hold Harmless Agreement; (ii) is aware that this is a contract between the City and PROFESSIONAL SERVICES; (iii) has had the opportunity to consult with his/her attorney, in his/her discretion; (iv) is fully aware of the legal consequences of signing this document; and (v) is the PROFESSIONAL SERVICES or his/her/its authorized signatory. day of..Jtu:\lUl.vj 2o t$. -----H--P.~l-11--+->'---+--I'-.._ ---(2 tJllL . PROFESSIONA City Employee signature Print Name Print Na e ~~~A city Employee Telephone Number H:\lndem & lnsurance\lndemnification and Hold Harmless Agreement for PROFESSIONAL SERVICES from Standard 82117.rtf Exhibit B INSURANCE REQUIREMENTS Professional Service Agreement between City of Fresno ("CITY") and JP Marketing ("PROFESSIONAL SERVICES") Public Information Services for Department of Public Utilities PROJECT TITLE MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: 1. The most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01, providing liability coverage arising out of your business operations. The Commercial General Liability policy shall be written on an occurrence form and shall provide coverage for "bodily injury," "property damage" and "personal and advertising injury" with coverage for premises and operations (including the use of owned and non-owned equipment), products and completed operations, and contractual liability (including, without limitation, indemnity obligations under the Agreement) with limits of liability not less than those set forth under "Minimum Limits of Insurance." 2. The most current version of ISO *Commercial Auto Coverage Form CA 00 01, providing liability coverage arising out of the ownership, maintenance or use of automobiles in the course of your business operations. The Automobile Policy shall be written on an occurrence form and shall provide coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1-Any Auto). If personal automobile coverage is used, the CITY, its officers, officials, employees, agents and volunteers are to be listed as additional insureds. 3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. 4 . Professional Liability (Errors and Omissions) insurance appropriate to PROFESSIONAL SERVICES profession. MINIMUM LIMITS OF INSURANCE PROFESSIONAL SERVICES, or any party the PROFESSIONAL SERVICES subcontracts with, shall maintain limits of liability of not less than those set forth below. However, insurance limits available to CITY, its officers, officials, employees, agents and volunteers as additional insureds, shall be the greater of the minimum limits specified herein or the full limit of any insurance proceeds available to the named insured: 1. COMMERCIAL GENERAL LIABILITY: (i) $1,000,000 per occurrence for bodily injury and property damage; (ii) $1,000,000 per occurrence for personal and advertising injury; (iii) $2,000,000 aggregate for products and completed operations; and, (iv) $2,000,000 general aggregate applying separately to the work performed under the Agreement. 2 . COMMERCIAL AUTOMOBILE LIABILITY: $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 Omiss ions) Insurance appropriate to the Professional Services profession , with limits not less than: (i) $1,000,000 per claim/occurrence; and, (ii) $2,000,000 policy aggregate . UMBRELLA OR EXCESS INSURANCE In the event PROFESSIONAL SERVICES 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 PROFESSIONAL SERVICES shall be responsible for payment of any deductibles contained in any insurance policy(ies) required herein and PROFESSIONAL SERVICES 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) PROFESSIONAL SERVICES 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 . 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. PROFESSIONAL SERVICES 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 3710 01 or by an executed manuscript insurance company endorsement providing additional insured status as broad as that contained in ISO Form CG 20 10 11 85. 2 . The coverage shall contain no special limitations on the scope of protection afforded to CITY, its officers, officials, employees, agents and volunteers. Any available insurance proceeds in excess of the specified minimum limits and coverage shall be available to the Additional Insured. 3. For any claims relating to this Agreement, PROFESSIONAL SERVICES' 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 PROFESSIONAL SERVICES' insurance and shall not contribute with it. PROFESSIONAL SERVICES 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 ' Compensa tion insurance policy is to contain, or be endorsed to contain, the following provision : PROFESSIONAL SERVICES and its insurer shall waive any right of subrogation against CITY, its officers, officials, employees, agents and volunteers. If the Professional Liability insurance polic y 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 PROFESSIONAL SERVICES . 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 PROFESSIONAL SERVICES, PROFESSIONAL SERVICES 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. PROFESSIONAL SERVICES 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, PROFESSIONAL SERVICES 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, PROFESSIONAL SERVICES 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 PROFESSIONAL SERVICES shall not be deemed to release or diminish the liability of PROFESSIONAL SERVICES, 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 PROFESSIONAL SERVICES. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of PROFESSIONAL SERVICES, its principals, officers, agents, employees, persons under the supervision of PROFESSIONAL SERVICES, vendors, suppliers , invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them. SUBCONTRACTORS -If PROFESSIONAL SERVICES subcontracts any or all of the services to be performed under this Agreement, PROFESSIONAL SERVICES 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, PROFESSIONAL SERVICES 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. VERIFICATION OF COVERAGE PROFESSIONAL SERVICES 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, PROFESSIONAL SERVICES 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. City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-957 Agenda Date:6/22/2023 Agenda #:1.-I. REPORT TO THE CITY COUNCIL FROM:BROCK D. BUCHE, PE, PLS, Director Department of Public Utilities BY:JESUS A. GONZALEZ, PE, Assistant Director Department of Public Utilities - Utilities Planning & Engineering SAMUEL NADORES, Professional Engineer Department of Public Utilities - Utilities Planning & Engineering SUBJECT Actions pertaining to the Roof Membrane Replacement at the Fresno-Clovis Regional Wastewater Reclamation Facility Administration Building (Bid File 12302214) (Council District 3): 1. Adopt a finding of Categorical Exemption pursuant to Sections 15301/Class 1 and 15302/Class 2 of the California Environmental Quality Act Guidelines. 2. Award a construction contract, in the amount of $353,233, to Nations Roof West, LLC., of Fresno, California. RECOMMENDATION Staff recommends that City Council adopt a finding of Categorical Exemption, pursuant to Sections 15301/Class 1 and 15302/Class 2 of the California Environmental Quality Act (CEQA) Guidelines for the Roof Membrane Replacement at the Fresno-Clovis Regional Wastewater Reclamation Facility (Facility) Administration Building (Project); award a construction contract to Nations Roof West, LLC., (Nations), in the amount of $353,233; and authorize the Director of Public Utilities, or designee, to sign and execute all documents on behalf of the City of Fresno (City). EXECUTIVE SUMMARY The Administration Building at the Facility has experienced recurring water leaks on its roof and needs immediate replacement to prevent further damage. The Department of Public Utilities, Wastewater Management Division (WMD), seeks to award a construction contract to Nations. In accordance with the City’s competitive bidding process, Nations was identified as the lowest responsive and responsible bidder in the amount of $353,233. BACKGROUND Built in 2005, the Facility’s Administration Building has experienced recurring water leaks due to its aged roof. The existing roof is past its serviceable life and needs to be replaced to prevent further City of Fresno Printed on 6/29/2023Page 1 of 2 powered by Legistar™ NE/AP 6-0 LC ABSENT APPROVED ON CONSENT File #:ID 23-957 Agenda Date:6/22/2023 Agenda #:1.-I. damage to the building’s interior. The Project includes removal of the existing thermoplastic polyolefin roof system,roof insulation and related flashing elements down to the metal deck followed by installation of a new polyvinyl chloride roofing system and insulation with a 20-year manufacturer warranty. Following preparation of Project plans and specifications,a Notice Inviting Bids was published on March 16,2023,and posted on the City’s Planet Bids website.Specifications were distributed to 15 prospective bidders and posted at 6 Building Exchanges.Three sealed bid proposals were received and publicly opened on April 18,2023 with the costs ranging from $329,923 to $475,571.The lowest bidder was deemed non-responsive for failing to submit the required documents.Nations was then identified as the lowest,responsive and responsible bidder,with a submitted bid amount of $353,233. The bids will expire on July 21, 2023. Staff recommends the City Council award a construction contract to Nations,in the amount of $353,233,as the lowest responsive and responsible bidder.The funding for this Project is included in the five-year capital improvement budget within the Wastewater Management Division’s Sewer Enterprise Fund 40501.The City Attorney has reviewed and approved the standard contract as to form.Upon approval by the City Council,the agreement will be executed by the Director of Public Utilities, or his designee. ENVIRONMENTAL FINDINGS Staff performed a preliminary environmental assessment for this Project and determined that it falls within Sections 15301/Class 1 and 15302/Class 2 Categorical Exemptions set forth in the CEQA Guidelines. LOCAL PREFERENCE Local preference was not implemented as the lowest responsive and responsible bidder qualifies as a local business pursuant to Fresno Municipal Code section 4-108(d). FISCAL IMPACT There is no impact to the General Fund.Funding for this Project is included in the five-year capital improvement budget within the Wastewater Management Division’s Sewer Enterprise Fund 40501. The Project is located in Council District 3. Attachments: Attachment 1 - Notice of Exemption Attachment 2 - Environmental Assessment Attachment 3 - Bid Evaluation and Fiscal Impact Statement Attachment 4 - Sample Contract Attachment 5 - Vicinity Map City of Fresno Printed on 6/29/2023Page 2 of 2 powered by Legistar™ Statutory Exemptions. State code number: _______________________________________________ Print Form Notice of Exemption Appendix E From: (Public Agency): ____________________________To: Office of Planning and Research P.O. Box 3044, Room 113 _______________________________________________Sacramento, CA 95812-3044 County Clerk (Address) ___________________________ ___________________________ County of: __________________ Project Title: ____________________________________________________________________________ Project Applicant: ________________________________________________________________________ Project Location - Specific: Project Location - City: ______________________ Project Location - County: Description of Nature, Purpose and Beneficiaries of Project: _____________________ Name of Public Agency Approving Project: _____________________________________________________ Name of Person or Agency Carrying Out Project: ________________________________________________ Exempt Status: (check one): Ministerial (Sec. 21080(b)(1); 15268); Declared Emergency (Sec. 21080(b)(3); 15269(a)); Emergency Project (Sec. 21080(b)(4); 15269(b)(c)); Reasons why project is exempt: Lead Agency Contact Person: ____________________________ Area Code/Telephone/Extension: _______________ If filed by applicant: 1.Attach certified document of exemption finding. 2.Has a Notice of Exemption been filed by the public agency approving the project? Yes No Signature: ____________________________ Date: Signed by Lead Agency Signed by Applicant Authority cited: Sections 21083 and 21110, Public Resources Code. Date Received for filing at OPR: Reference: Sections 21108, 21152, and 21152.1, Public Resources Code. _______________ Categorical Exemption. State type and section number: ____________________________________ ______________________________________________ ______________ Title: _______________________ Revised 2011 5/12/23 CITY OF FRESNO CATEGORICAL EXEMPTION ENVIRONMENTAL ASSESSMENT THE PROJECT DESCRIBED HEREIN IS DETEMINED TO BE CATEGORICALLY EXEMPT FROM THE PREPARATION OF ENVIRONMENTAL DOCUMENTS PURSUANT TO ARTICLE 19 OF THE STATE CEQA GUIDELINES. CONTACT: Samuel Nadores, Professional Engineer City of Fresno – Department of Public Utilities 1626 E Street Fresno, CA 93706 Phone: 559-621-1602 Email: Samuel.Nadores@Fresno.gov PROJECT TITLE: Roof Membrane Replacement at Fresno-Clovis Regional Wastewater Reclamation Facility (RWRF) Administration Building PROJECT LOCATIONS: Fresno-Clovis Regional Wastewater Reclamation Facility 5607 W Jensen Ave Fresno, CA 93706 PROJECT DESCRIPTION: The project includes removal of existing thermoplastic polyolefin (TPO) roof system, roof insulation and related flashing elements down to the metal deck, installation of a new polyvinyl chloride (PVC) roofing system, insulation and related flashing elements with a 20-year manufacturer warranty and repair of damaged metal roof decking. The Project is exempt under Section 15301/Class 1 and Section 15302/Class 2 of the California Environmental Quality Act (CEQA) Guidelines. Under Section 15301/Class 1, projects are exempt from CEQA requirements when they consist of operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. Under Section 15302/Class 2, projects are exempt from CEQA requirements when they consist of the replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. The Project described herein represents the recommended replacement of the existing roof system and repair of damaged metal roof decking at the Fresno-Clovis Regional Wastewater Reclamation Facility (RWRF) Administration Building. The specific work tasks are as follows: • Demolition and replacement of existing thermoplastic polyolefin (TPO) roof system, roof insulation and related flashing elements down to the metal deck with new polyvinyl chloride (PVC) roofing system, insulation, and related flashing elements. • Repair of damaged metal roof decking. As such, the demolition, replacement, and repair work are exempt under Section 15301/Class 1 and Section 15302/Class 2. The Project will not expand the use of the existing facility, nor will it relocate any existing facilities or structures. The Project merely represents recommended repairs and replacements to prevent further intrusion and damage to the facility due to water leaks. None of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, Section 15300.2, apply: (a) Location The Project is not located in a sensitive environment or an environmental resource of hazardous or critical concern as designated by federal, state, or local agencies. The work is entirely located at the RWRF. (b) Cumulative Impact The Project will not have a cumulative negative impact over time that is significant. The Project merely entails repair and/or replacement work at an existing facility. (c) Significant Effect The Project will not have a significant effect on the environment due to unusual circumstances. All work will be limited to an existing facility at the RWRF. (d) Scenic Highways The Project will not result in damage to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway. The Project is not located near scenic highways. (e) Hazardous Waste Sites The Project is not located on a hazardous waste site which is included on any list compiled pursuant to Section 65962.5 of the Government Code. (f) Historical Resources The Project will not cause a substantial adverse change in the significance of a historical resource. The existing facilities at the RWRF are not considered historical resources. Furthermore, the proposed project is not expected to have a significant effect on the environment. Accordingly, a categorical exemption, as noted above, has been prepared for the project. Date: May 3, 2023 Prepared by: Samuel Nadores, PE DPW 23.0/01-06-12 DPW NO FED DIV I.pdf 1.1 rev. 04-21 CONTRACT CITY OF FRESNO, CALIFORNIA PUBLIC WORK OF IMPROVEMENT THIS CONTRACT is made and entered into by and between CITY OF FRESNO, a California municipal corporation (City), and [Contractor Name], [Legal Identity] (Contractor) as follows: 1. Contract Documents. The “Notice Inviting Bids,” “Instructions to Bidders,” “Bid Proposal,” and the “Specifications” including “General Conditions,” “Special Conditions,” and “Technical Specifications” for the following: [Title] (Bid File No. [Bid File No.]) [Alternates (if any)] copies of which are annexed hereto, together with all the drawings, plans, and documents specifically referred to in said annexed documents, including Performance and Payment Bonds, if required, and are hereby incorporated into and made a part of this Contract, and shall be known as the Contract Documents. 2. Price and Work. For the monetary consideration of [Written Dollar Amount] dollars and [Written Cents Amount] cents ($[Amount]), as set forth in the Bid Proposal, Contractor promises and agrees to perform or cause to be performed, in a good and workmanlike manner, under the direction and to the satisfaction of the City’s “Engineer,” and in strict accordance with the Specifications, all of the work as set forth in the Contract Documents. 3. Payment. City accepts Contractor’s Bid Proposal as stated and agrees to pay the consideration stated, at the times, in the amounts, and under the conditions specified in the Contract Documents. 4. Indemnification. To the furthest extent allowed by law including California Civil Code Section 2782, Contractor shall indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including, but not limited to personal injury, death at any time and property damage) incurred by City, Contractor or any other person, and from any and all claims, demands and actions in law or equity (including attorney’s fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of performance of this Contract. Contractor’s obligations under the preceding sentence shall apply regardless of whether City or any of its officers, officials, employees, agents or volunteers are passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused by the active or sole negligence, or willful misconduct, of City or any of its officers, officials, employees, agents or volunteers. If Contractor should subcontract all or any portion of the work to be performed under this Contract, Contractor shall require each subcontractor to indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers in accordance with the terms of the preceding paragraph. This section shall survive termination or expiration of this Contract. 5. Trench Shoring Detailed Plan. Contractor acknowledges the provisions of Section 6705 of the California Labor Code and, if said provisions are applicable to this Contract, agrees to comply therewith. 6. Worker’s Compensation Certification. In compliance with the provisions of Section 1861 of the California Labor Code, Contractor hereby certifies as follows: I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for worker’s compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this Contract and will make my subcontractors aware of this provision. [Signatures follow on the next page.] DPW 23.0/01-06-12 DPW NO FED DIV I.pdf 1.2 rev. 04-21 IN WITNESS WHEREOF, the parties have executed this Contract on the day and year here below written, of which the date of execution by City shall be subsequent to that of Contractor’s, and this Contract shall be binding and effective upon execution by both parties. [Contractor Name], [Legal Identity] By: Name: (Type or print written signature.) Title: (If corporation or LLC, Board Chair, Pres. or Vice Pres.) Dated: By: Name: (Type or print written signature.) Title: (If corporation or LLC, CFO, Treasurer, Secretary or Assistant Secretary) Dated: CITY OF FRESNO, a California municipal corporation By: [Name], [Title] Department of Public Works Dated: ATTEST: TODD STERMER, CMC, MMC City Clerk By: Deputy No signature of City Attorney required. Standard Document #DPW 23.0 has been used without modification as certified by the undersigned. By: [City Certifier Name] [City Certifier Title] Department of Public Works City address: City of Fresno Attention: [Name], [Title] [Street Address] Fresno, CA [Zip] 1.3 DPW NOFED DIV I.pdf rev. 04-21 Job of File No. Name or Title of Job. Department No. FAIR EMPLOYMENT PRACTICES COMPLIANCE REPORT 1. Name and Address of Contractor PRIME [ ] SUB [ ] Yes No 2. Have you established a company-wide employment policy to assure that equal employment opportunity is given to all persons without regard to race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation or on any other basis prohibited by law? 3. Have you notified all supervisors, foreman and other personnel officers in writing of the contents of the anti-discrimination clause and their responsibilities under it? 4. Have notices setting forth the provisions of the Fair Employment Practice Section used in City of Fresno Contracts been posted in conspicuous places available to employees and applicants for employment on this Project? 5. Have each of the Company’s employee referrals including unions, employment agencies, advertisements, Department of Employment, etc., been notified of the contents of the anti-discrimination clause? 5a. Has this been done in writing? 6. Has each employee referral advised the Company that it will refer all qualified applicants for employment to the Company without regard to race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation or on any other basis prohibited by law? 7. Has a collective bargaining agreement or other contract or understanding been made with a labor union (or unions) which covers the performance of any work or supplying of any materials under this Contract? 7a. Do you operate under an Association Master Labor Agreement? If your answer is “yes”, state the name of the Association. Are copies of those agreements on file with the City? [ ] Yes [ ] No With whom? 7b. If you do not operate under an Association Master Labor Agreement then indicate what steps you have taken to attempt to develop an agreement which will: (1) Spell out responsibilities for nondiscrimination in hiring, referral, upgrading and training. (2) Otherwise implement an affirmative anti-discrimination program in terms of the unions’ specific area of skill and geography, to the end that qualified minority workers will be available and given an equal opportunity for employment. In addition, if you have reached such an agreement, attach a copy of the provisions thereof which bear on (1) and (2) above. 8. Have you encountered any opposition to the anti-discrimination clause by individuals, firms or organizations? If your answer to No. 8 is “Yes”, identify the individual, firm or organization and briefly describe the nature of the opposition. 9. Check principal sources DEPT OF EMP. EMP. AGENCIES DIRECT HIRING UNION OTHER for employee referrals. 15. Const. Workers b. Other Workers 10. The following person or persons are responsible for determining whom to hire or whether or not to hire workers on this particular Project: QUESTIONS 11 THROUGH 13 TO BE FILLED OUT BY PRIME CONTRACTOR ONLY: 11. Have you awarded any subcontracts for work covered by your Contract? 12. Have the anti-discrimination provisions been included in each of said subcontracts? 13. Have all such Subcontractors been instructed to file compliance reports and have they been furnished with report forms? 14. Dated this day of , 20_ , at (City and State) 15. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. (Contractor) 1.4 DPW NOFED DIV I.pdf rev. 04-21 FAIR EMPLOYMENT PRACTICES COMPLIANCE REPORT (continued) INSTRUCTIONS TO CONTRACTORS This Compliance Report is required by the Fair Employment Practices provisions of City of Fresno Contracts for the supplying of work, materials, or both. This report is to be completed in its entirety for each prime Contract and all first tier subcontracts. The reports shall be submitted to the City after award of the Contract and prior to Notice to Proceed. Additional sheets of paper may be attached if necessary to submit explanations or further information. If the answers to any of the questions indicate non-compliance with the anti-discrimination provision of the Contract, a brief explanation of such answer must accompany the report. It shall be the further responsibility of the Contractor to keep the information contained in the compliance report current and should there be changes in the Contractor’s agreements with employee referrals, including unions or in the individuals responsible for hiring, etc., which would change the answers submitted by the Contractor in his or her original questionnaire, the Contractor should file a supplementary report containing revised answers to the applicable questions. Such changes from the original report are to be submitted in duplicate. Upon completion of the Contract the Contractor must submit a final statement of compliance including statements that the original compliance report was submitted, that any changes in the original report were reported, and that the requirements of the Fair Employment Practices section were complied with during the Contract. If such a statement cannot be submitted in its entirety, a statement along the same lines with the exceptions noted must be submitted. The City may require submission of additional information or reports on compliance at any time. FINAL STATEMENT OF FAIR EMPLOYMENT PRACTICES COMPLIANCE Name of Job or Contract The undersigned is responsible to see that the Contractor has complied with the Fair Employment Practices section of the City of Fresno Contract indicated above. The original compliance report was submitted and no changes or additions to the original report became known to the Contractor or the undersigned except as noted below. The Contractor, in performance of the Contract, to the best of my knowledge, complied with said section of the Contract, except as noted below. Dated this day of , 20 , at City and State Changes or additions to the original compliance report City By Title Deviations from compliance Contractor By Title 1.5 DPW NOFED DIV I.pdf rev. 04-21 CITY OF FRESNO PAYMENT BOND PUBLIC WORK KNOW ALL MEN BY THESE PRESENTS: That [NAME OF CONTRACTOR] as Principal (the Principal) and as Surety (the Surety′) are held and firmly bound onto the City of Fresno (the Obligee) in the just and full sum of $[DOLLAR AMOUNT] lawful money of the United States of America (said sum being equal to [Select – 100% under $10M; 110% $10M and over] of the estimated amount payable by the terms of the hereinafter described contract), for the payment of which, well and truly to be made, we hereby bind ourselves and ours, and each of our, heirs, executors, administrators, successors, and assigns, jointly and severally firmly by these presents. THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That WHEREAS, the Principal has been awarded a contract for the following described work of improvement and is required by Obligee to give this bond in connection with the execution of the written contract therefor (insert brief description of work of improvement): [TITLE AND WORK] (Bid File No. [BID FILE NO.]) [ALTERNATES (if any)] NOW, THEREFORE, if the Principal or subcontractors of the Principal shall fail to pay any of the persons named in the Section 9100 of the Civil Code, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or prevailing wages due and penalties incurred pursuant to Sections 1774, 1775, 1813, or 1815 of the Labor Code, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to the work and labor, the Surety will pay for the same, in an amount not exceeding the sum specified above, and also, in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney’s fees, incurred by the Obligee in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. The benefit of this bond shall inure to any of the persons named in Section 9100 of the Civil Code so as to give the right of action to those persons or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. No extension of time granted to the Principal and no change, alteration or addition in any of the terms of the contract or any of the contract documents or the work to be performed thereunder, whether made after notice or not, shall release or otherwise affect the obligations of the Surety hereunder, and the Surety waives notice of any such extension, change, alteration or addition. The Surety, by the execution of this bond, represents and warrants that this bond has also been duly executed by the Principal and proper authority, and the Surety hereby waives any defense which it might have by reason of any failure of the Principal to execute or properly execute this bond. In witness whereof, this instrument has been duly executed by the Principal and the Surety above named, on the day of , 20 . [NAME OF CONTRACTOR] PRINCIPAL SURETY No signature of City Attorney required. APPROVED: Standard Document #DPW-S 32.0 has been used City Manager, or designee without modification, as certified by the undersigned. By: By: Title: Title: Department of Public Works Date: DPW-S 32.0/03-2017 1.23 DPW NOFED DIV I.pdf rev. 04-21 CITY OF FRESNO PERFORMANCE BOND PUBLIC WORK KNOW ALL MEN BY THESE PRESENTS: That [NAME OF CONTRACTOR] as Principal (the Principal) and as Surety (the Surety) are held and firmly bound onto the City of Fresno (the Obligee) in the just and full sum of $[DOLLAR AMOUNT] lawful money of the United States of America (said sum being equal to [Select – 100% under $10M; 110% $10M and over] of the estimated amount payable by the terms of the hereinafter described contract), for the payment of which, well and truly to be made, we hereby bind ourselves and ours, and each of our, heirs, executors, administrators, successors, and assigns, jointly and severally firmly by these presents. THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That WHEREAS, the Principal has been awarded a contract for the following described work of improvement and is required by the Obligee to give this bond in connection with the execution of the written contract therefor (insert brief description of work of improvement): [TITLE AND WORK] (Bid File No. [BID FILE NO.]) [ALTERNATES (if any)] NOW, THEREFORE, if the Principal shall well and truly do and perform each and all of the covenants, conditions, and agreements of said contract on the Principal’s part to be done and performed, and any and all alterations thereof made as therein provided, at the time and in the manner therein specified, and shall indemnify and save harmless the Obligee, its officers, officials, agents, employees and volunteers, as therein stipulated, then this obligation shall be null and void; otherwise, it shall remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney’s fees, incurred by Obligee in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. No extension of time granted to the Principal and no change, alteration or addition in any of the terms of the contract or any of the contract documents or the work to be performed thereunder, whether made after notice or not, shall release or otherwise affect the obligations of the Surety hereunder, and the Surety waives notice of any such extension, change, alteration or addition. The Surety, by the execution of this bond, represents and warrants that this bond has also been duly executed by the Principal and proper authority, and the Surety hereby waives any defense which it might have by reason of any failure of the Principal to execute or properly execute this bond. In witness whereof, this instrument has been duly executed by the Principal and the Surety above named, on the day of , 20 . [NAME OF CONTRACTOR] PRINCIPAL SURETY No signature of City Attorney required. APPROVED: Standard Document #DPW-S 22.0 has been used City Manager, or designee without modification, as certified by the undersigned. By: By: Title: Title: Department of Public Works Date: DPW-S 22.0/03-2017 City of Fresno Department of Public Utilities ¯ Roof Membrane Replacement at Fresno-Clovis Regional Wastewater Reclamation Facility (RWRF) Vicinity Map 0 100 20050 Feet Jensen Ave City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-958 Agenda Date:6/22/2023 Agenda #:1.-J. REPORT TO THE CITY COUNCIL FROM:BROCK D. BUCHE, PE, PLS, Director Department of Public Utilities BY:JESUS A. GONZALEZ, PE, Assistant Director Department of Public Utilities - Utilities Planning & Engineering PETER A. MARACCINI, PE, PhD, Public Utilities Manager Department of Public Utilities - Utilities Planning & Engineering SUBJECT Actions pertaining to the Laboratory Information Management System for the Environmental Laboratory at the Fresno-Clovis Regional Wastewater Treatment Facility (Council District 3): 1. Affirm the City Manager’s finding that Promium, LLC., is uniquely qualified to procure and install the Element Laboratory Information Management System software into the environmental laboratory. 2. Approve a one-year Hosted Service Agreement in the amount of $95,980 to Promium, LLC., with provisions for five one-year extensions at an annual cost of $33,700, to procure, install, and host the Element Laboratory Information Management System software. RECOMMENDATION Staff recommends City Council affirm the City Manager’s finding that Promium, LLC. (Promium), is uniquely qualified to procure and install the Element Laboratory Information Management System (LIMS) software into the environmental laboratory at the Fresno-Clovis Regional Wastewater Reclamation Facility; approve the award of a one-year Hosted Service Agreement in the amount of $95,980 to Promium, with provisions for five (5) one-year extensions at an annual cost of $33,700, to procure, install, and host the Element LIMS software; and authorize the Director of Public Utilities, or designee, to sign all documents on behalf of the City of Fresno (City). EXECUTIVE SUMMARY The Department of Public Utilities (DPU) seeks to contract Promium to install a new LIMS software into the Wastewater Management Division (WMD) environmental laboratory, migrate data in the current LIMS to the new LIMS, and provide any necessary training and support to the laboratory staff. LIMS software is not uniform between different vendors. Instead, each LIMS is specific to how the vendor developed the software, with some offering functionalities not available in others. As such, selection of the LIMS software that best met WMD’s needs was based on software testing carried out by the Laboratory Supervisor. Once selected, the only method to procure and install the software City of Fresno Printed on 6/29/2023Page 1 of 3 powered by Legistar™ 6/22/2023 NE/AP 6-0 LC ABSENT APPROVED ON CONSENT File #:ID 23-958 Agenda Date:6/22/2023 Agenda #:1.-J. by the Laboratory Supervisor.Once selected,the only method to procure and install the software would be sole source procurement direct from the vendor.The upfront cost for installation is $62,280 with an annual subscription of $33,700; therefore, the total cost for the first year would be $95,980. BACKGROUND WMD operates an environmental laboratory at the Fresno-Clovis Regional Wastewater Reclamation Facility that is accredited by the State of California as an Environmental Laboratory Accreditation Program (ELAP)for the testing of water,groundwater,wastewater,and biosolid samples.The laboratory is certified to test over 100 constituents,including those required to demonstrate regulatory compliance with the Waste Discharge Requirements,the City’s Pretreatment Program, and the City’s Water Supply Permit. The laboratory staff utilize LIMS to support their day-to-day operations and testing,including standardization of tests and procedures,instrument integration for data recording,and an accurate account of sample handling and results. The current LIMS is housed on physical servers that use a programming language no longer licensed to the City.Additionally,the current LIMS is outdated and doesn’t possess all the functionalities needed to efficiently run the laboratory.As such,WMD requires the procurement and installation of another LIMS prior to any potential disruption to regulatory compliance associated with samples delivered to the laboratory. The WMD Laboratory Supervisor reviewed various software and determined the LIMS by Promium best suited the laboratory’s needs.In February 2023,the City Manager found Promium to be uniquely qualified to procure and install the Element Laboratory Information Management System software into the environmental laboratory.Since the City Manager’s review,the initial price quoted by Promium has increased by $200.However,Promium remains uniquely qualified to procure and install the Element Laboratory Information Management System software into the environmental laboratory.The upfront cost for installation is $62,280 with an annual subscription of $33,700; therefore,the total cost for the first year would be $95,980,then $33,700 per year thereafter.The initial term of the Agreement is a one (1)year subscription;thereafter,the City,at its sole discretion, may renew the subscription for five one (1)year terms.Promium may revise subscription fees and per-unit charges upon 30-day written notice to the City effective upon the renewal date of the subscription.The total first year costs were included in the Wastewater Division’s Fiscal Year 2023 Capital Improvement Program budget. The Information Services Department (ISD)confirmed that the LIMS software adhered to City standards,including adherence to AO 8-21 Cloud Policy and support of single sign-on with Microsoft Azure.As such,ISD had no objection to the procurement and installation of the LIMS software into the WMD environmental laboratory. The City Attorney has reviewed the Hosted Service Agreement and approved to form. ENVIRONMENTAL FINDINGS The procurement and installation of LIMS software into an environmental laboratory is not a project City of Fresno Printed on 6/29/2023Page 2 of 3 powered by Legistar™ File #:ID 23-958 Agenda Date:6/22/2023 Agenda #:1.-J. as defined by Section 15378 of the California Environmental Quality Act. LOCAL PREFERENCE Local Preference was not implemented because Promium was found to be uniquely qualified. FISCAL IMPACT There is no impact to the General Fund.Funds for the procurement and installation of the LIMS software were included in the Wastewater Division’s Fiscal Year 2023 Capital Improvement Program budget.The software will solely be implemented at the environmental laboratory located in Council District 3. Attachments: Attachment 1 - Uniquely Qualified Memorandum Attachment 2 - Element LIMS Hosted Services Subscription Contract for City of Fresno City of Fresno Printed on 6/29/2023Page 3 of 3 powered by Legistar™ City o f ~B~~ .. l~\I~ rn ■ ~-~~,~ Department of Public Utilities MEMORANDUM DATE: TO: FROM: February 13, 2023 GEORGEANNE A. WHITE, City Manager Office of the Mayor & City Manager BROCK D. BUCHE, PE, PLS, Director t;SI)£3 Department of Public Utilities PETER A. MARACCINI, PE, PhD, Supervising Professional Engineer~"" Department of Public Utilities -Utilities Planning & Engineering SUBJECT: UNIQUELY QUALIFIED AFFIRMATION FOR PROMIUM TO PROCURE AND INSTALL ELEMENT LIMS SOFTWARE The purpose of this memorandum is to request City Manager affirm Promium is uniquely qualified to procure and install the Element Laboratory Information Management System {LIMS) software into the Department of Public Utilities (DPU), Wastewater Management Division (WMD), environmental laboratory. Executive Summary DPU seeks to enter into a service contract with Promium to install a new LIMS software into the WMD environmental laboratory, migrate data in the current LIMS to the new LIMS, and provide any necessary training and support to the laboratory staff. LIMS software is not uniform between different vendors. Instead, each LIMS is specific to how the vendor developed the software, with some offering functionalities not available in others. As such, selection of the LIMS software that best met WMD's needs was based on software testing carried out by the Laboratory Supervisor. Once selected, the most cost-effective method to procuring and installing the software would be sole source procurement direct from the vendor. As such, WMD has determined that Promium is uniquely qualified to provide the preferred LIMS software selected by WMD staff and all associated services. Background of LIMS Used by WMD Environmental Laboratory WMD operates an environmental laboratory at the Fresno-Clovis Regional Wastewater Reclamation Facility (Facility) that is accredited by the State of California as an February 13, 2023 Page 2 of 3 Environmental Laboratory Accreditation Program (ELAP) for the testing of water, groundwater, wastewater, and biosolid samples. The laboratory is certified to test over 100 constituents, including those required to demonstrate regulatory compliance with the Waste Discharge Requirements, the City's Pretreatment Program, and the City's Water Supply Permit. The laboratory staff utilize LIMS to support their day-to-day operations and testing, including standardization of tests and procedures, instrument integration for data recording, and an accurate account of sample handling and results. Unfortunately, the current LIMS is housed on physical servers that use a programming language no longer licensed to the City. Additionally, the current LIMS is outdated and doesn't possess all the functionalities needed to efficiently run the laboratory. As such, WMD requires the procurement and installation of another LIMS prior to any potential disruption to regulatory compliance associated with samples delivered to the laboratory. Selection Process for Preferred LIMS Vendor The preferred LIMS selected by WMD was Element LIMS by Promium, with an upfront installation cost of $62,280 and annual subscription costs of $33,500. The total cost the first year would be $95,780, then $33,500 per year thereafter. The quote provided by Promium is attached to this memorandum. Jeremy Yarbrough, the Laboratory Supervisor, reviewed various software and determined the Element LIMS by Promium best suited the laboratory's needs. The capabilities of this LIMS that made it best suited included: 1) On site data entry and chain of custody creation, and data retrieval without using a license that would slow the work of the lab 2) Adjusting limits of reporting essential to making proper reports required by Discharge Permit 3) Reagent management system included with system without having to purchase/rent modules 4) Standard/ Quality control assignments to samples and batches 5) Instrument data retrieval for data entry included with system without having to purchase/rent modules 6) Granular control of reportable items in an intuitive fashion 7) Electronic Lab Notebooks included in system without having to purchase/rent modules, this would greatly reduce paperwork and transcription errors. 8) Reasonable pricing for data migration from old system Jeremy also trialed other LIMS but ranked them lower for the following reasons: 1) Abbot StarLIMS -Implementation and Installation $440,000 -Annual Cost $74,500 February 13, 2023 Page 3 of 3 o Top of the line Environmental Lab LIMS that had many functions but is heavily modalized and very expensive. 2) AT Lab Sample Master -Implementation and Installation ~$50,000 o Basic LIMS that did not have the functionalities as the other LIMS, with no client portal or electronic lab notebooks and insufficient reporting capabilities. WMD contacted the Information Services Department (ISO) to inquire if the Element LIMS software adhered to City standards. WMD confirmed the following to ISO : 1) The Element LIMS software adhered to AO 8-21 Cloud Policy 2) The Element LIMS software supported single sign-on (SSD) with Microsoft Azure As such, ISO had no objection to the procurement and installation of the Element LIMS software into the WMD environmental laboratory. Recommendation WMD is requesting the City Manager's concurrence in finding that Promium is uniquely qualified and ur:,iquely capable of providing a Laboratory Information Management System for the WMD environmental laboratory due to the uniqueness of the product and the cost-effectiveness of purchasing directly from vendor. WMD will seek a Council award in the amount of $95,780. ___ Approved Denied --- Georgeanne A. White, City Manager Date Attachment -Element LIMS Hosted Services Subscription Contract for City of Fresno c: Rick Staggs, Assistant Director -Wastewater Management Division Jeremy Yarbrough, Wastewater Environmental Laboratory Supervisor 2/21/2023 X SUBSCRIPTION Element LIMS® Laboratory Information Management Prepared for: City of Fresno Wastewater Laboratory 2600 Fresno Street Fresno, CA 93721 Jeremy Yarbrough Prepared by: Rick Persichitte Date: January 10, 2023 Order number: C022020a Promium, LLC 3350 Monte Villa Parkway, #220 Bothell, WA 98021-8963 1.877.PROMIUM www.promium.com -PR OMIUM PROMIUM HOSTED SERVICES AGREEMENT 3350 Monte Villa Parkwa y #2 20 Bothell, WA 9 802 1 1 ,877.PROMIUM City of Fresno Wastewater Laboratory 2600 Fresno Street Fresno us CA Jeremy Yarbrough Element LIMS" version 7 SOFTWARE 93721 559-621 -5160 Jeremy.Yarbrough@fresno.gov Currw,cy. UsD BASE SOFTWARE Configuration: Environmental/Water Testing Application Components -Project Management -Sample Control -Laboratory Analysis -Quality Assurance -Reporting (Basic reports & EDDs) Number of years Element ClientConnect Premium Hosting Subscription IMPLEMENTATION SERVICES Standard Number of years License: Subscription Concurrent Users Included Included Included Included Included Subtota l Subtotal Premium Hosted On-site Assessment, other on-site/off-site hours defined at planning stage. -Project initiation and assessment -Configuration and development -Initial system testing -Parallel testing and validation -Move to production and ready for go -live Training Administrator Training User Training Additional Se,vices Outputs: EDDs, Reports, DMRs •see Notes Below Campus Online Res ources Legacy Data Migration Data Migration NOTES: Subtotal Onsite Onsite Subtotal Subtotal Included -no charge Subtotal Data Migration TOTAL SOFTWARE AND SERVICES Qty 12 $ 1 $ Qty 1 $ 1 $ 1 $ 1 $ s www.promium.com 1.877 . PROMIUM Order# C022020a Prepared by: Rick Persichitte Price 2,600 $ $ 2,500 $ $ $ Ptice 35,360 $ $ 6,320 $ 8,260 $ $ 2,340 $ $ $ $ $ $ e/«IM< 1/!0/2f)23 Subscription Annual $ 31,200 $ 31 ,200 Annual $ 2,500 $ 2,500 Total 35,360 35.360 6,320 8,260 14,580 2,340 2 ,340 10,000 10.000 62.280 $ 33.700 •Quoted reports includes these six reports: 13COF Bacti WMDLab Report, 13COF Nitrate WMDLab Report, 13PD Bacti WMDLab Report, 1 SCOF Nitrate WMDLab Report, Daily Sewage WMDLab Report, & Digester Soild WMDLab Report. TERMS AND CONDITOINS This proposal expires after: 60 Days Payment for Element LIMS s oftware is billed at shipment/download and is due upon receipt of invoice. Payme nt due net 30 days unless otherwise specifie d Delay in payments can result in discontinuation of services. Late payments may be subject to a 1 1/2% monthly late fee , Element LIMS maintenance renewal periods for license upgrades may be pro-rated to reconcile the renewal period of all users A 3% processing fee may be applied to credit card transactions for Element LIMS TAXES: Even if we do not collect sales tax from you, your state may stlll require you to pay tax, Promium collects sales tax in WA. AZ, CA, FL, HJ. IL, IN, MD, Ml, NM, MO, NJ, NY, PA. RI, TN, TX, W I. A sales tax is not collected if we have your tax exemption certificate on file. Confid~ntial -Not to be shared with any othe r parties R•v. AML072822 Promium, LLC Element LIMS" Subscription Contract V7-r010422 2 -PR OMIUM www.promium.com 1.877. PROMIUM Hosted Service Agreement This Hosted Software Service Agreement ("Agreement") is a legal agreement between the customer listed on the Premium Order document or online product order form,.as applicable ("you" or "Customer") and Premium, L.L.C. ("Premium"). It governs the use of the online, hosted service versions of Element LIMS computer software, and any related documentation or downloadable applications provided to you by Promium (collectively, the "Software"). The term "Software" shall also include any printed documentation that may be provided to you. By entering an order for a subscription to one or more of the Software products or using any part of them, you agree to be bound by the terms of this Agreement. PROMIUM IS WILLING TO GRANT YOU A RIGHT TO USE ITS SOFTWARE ONLY IF YOU ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS CONTAINED IN THIS AGREEMENT. If you do not agree to these terms , do not use the Software. If you are accepting on behalf of your employer or another entity, you represent and warrant that: (i) you have full legal authority to bind your employer or the entity to this Agreement; and (ii) you agree, on behalf of the party that you represent, to be bound by this Agreement. If you do not have such legal authority to bind your employer or the applicable entity, please contact Premium and do not access, download (as applicable), or use the Software. The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties . The Software is licensed, not sold . 1. USE OF SOFTWARE. a. Unless otherwise specified in writing by Promium, you may access and use the hosted version of the Software on an unlimited number of computers; provided however, that they may be used by a single business or government entity only. b. For the Element LIMS product, the number of concurrent users of the Software shall be limited as described in your Premium Quotation form. Laboratory facilities sharing a single Element LIMS Production Database may share a single license, as long as all such facilities are both owned and operated by a single business or government entity . c . The Software may not be loaned or shared with any other business or government entity, including any affiliated companies, either by sharing log-in credentials or otherwise. Any such entity would need to purchase its own subscription to use the Software. d . If you enable the Element ClientConnect viewing and reporting functionality, you may allow your laboratory clients to access appropriate data and reports via the Internet reporting features of the Software. If you enable the sample submission functionality, you may allow your sample generators to submit chain-of-custody records online or through the application, subject to any applicable terms of use for such usage. Premium, LLC Element LIMS" Subscription Contract V7-r010422 3 -PR OMIUM www.promium.com 1. 877. PROMI UM e. You agree that Promium may audit and inspect your use of the Software for compliance with these terms within thirty (30) days of a request. In the event that such audit reveals any use of the Software by you other than full compliance with the terms of this Agreement, you shall take immediate steps and provide payment as appropriate, to come into compliance . f . To ensure optimal performance and security of the hosted Software, Promium will routinely perform maintenance on a regularly scheduled basis within its published maintenance windows. This may require specific services to be suspended during the maintenance period. Promium schedules maintenance windows outs ide of generally accepted business hours. As applicable, Promium will use commercially reasonable efforts to notify you in advance of any scheduled maintenance that may adversely affect hosted services. Under certain circumstances Promium may need to perform emergency ma intenance, such as security patch installation or hardware replacement. 2. MAINTENANCE AND SUPPORT. a . Maintenance and support is in effect for the duration of your Software subscription . The maintenance and support covers the current version of the Software product. b. Unless otherwise communicated, telephone support is available Monday through Friday, 5 :00am to 5:00pm Pacific Time, not including holidays recognized by Promium . At .other times, a telephone or email message may be left and Promium personnel will respond within one business day. Emergency technical assistance provided outside of normal business hours may incur additional charges. Online documentation and other support materials may _be available at www.prom ium .com/support or accessible directly through the product. Promium website is available twenty-four hours per day, seven days per week unless undergoing maintenance or repair. c. Each customer requiring support must designate a primary contact person to manage technical support requests . Support requests should be directed to: Promium Customer Support (Help Desk) 425 .286.9200 phone 425 .286 .9201 fax support@promium.com d. Promium may offer certain features , functions, reports , and other input or output which are not considered part of core software or services offered by Promium. These items are considered custom work. Deliverables including but not limited to, custom programming, custom reports, proprietary electronic deliverable programs , other special program functions on behalf of the user, and other custom services, outside the original purchase agreement, may incur additional charges as quoted by Promium. e . Promium reserves the right to charge for support or programming services that are unrelated to the direct operation of its software products . This includes conflicts that may cause software failure due to firmware or device drivers or micro code problems introduced by the manufacturer or other parties . This also includes other software programs that may interfere with its software products. Promium, LLC Element UMS" Subscription Contract V7-r010422 4 PR OMIUM 3. PAYMENT Software Subscription and Maintenance www.promium.com 1.877. PROMIUM Invoice #1: Software subscription, including maintenance, is invoiced after access to the software is granted. Payment is due upon receipt. Installation Services (including outputs, training, development, and other services) The remaining portion of this order includes installation services and other deliverables as described in this contract, and will be billed in three increments per the schedule below unless otherwise specified in the contract. Payment is due net thirty days. Invoice #2: 35% billed at delivery of Administrator Training. Invoice #3 : 50% billed at delivery of User Training. Invoice #4: 15% billed "Ready for Go-Live" stage . For installations converting from a license purchase or lease (non-subscription) to a Saas hosted subscription-based license, implementation payment terms are as follows : • lmplementation!Training of conversion to Saas will be billed upon completion of conversion and due net 30 days. • Subscription and ClientConnect set up, if applicable, is billed upon order receipt. Services for customers whose account includes invoices 30 days past due may be suspended until written payment arrangements have been made and accepted by Promium. Payments not made on or before the payment deadline shall be subject to a one-and-one-half percent (1½%) per month interest charge. In the event that Customer fails to make timely payment under this Agreement, Promium reserves the right to terminate this Agreement by providing Customer written notice of its election to do so. Promium may revise subscription fees and per-unit charges from time to time upon notice to Customer. For subscriptions, such revisions shall be effective upon the renewal date of Customer's subscription. 4 . OWNERSHIP . a. Title. Use of the Software is licensed to you for use via the internet only under the terms of this Agreement. Except as expressly licensed to you herein, Promium reserves the right, title and interest in the Software and all associated copyrights, trademarks, and other intellectual property rights therein. Promium reta ins all proprietary rights, including patent, copyright, trade secret, trademark and other proprietary rights, in and to the Software and any corrections, bug fixes, enhancements, updates or other modifications, including custom modifications, to the Software, whether made by Promium or any third party. You shall own all right, title and interest to the information contained in any database created by you for use with the Software . You shall not, however, own any right, title or interest to the schema, structure or design of any databases developed for use with the Software by Promium and may not disclose such schemas, structures or designs to a third party without the expressed written consent of Promium. Promium, LLC Element LIMS" Subscription Contract V7-r010422 5 PR OMIUM www.promium.com 1 . 877. PROMI UM b. Confidentiality. You acknowledge that the Software contains confidential, proprietary information and trade secrets of Promium. You agree, and shall take all appropriate steps, to ensure that the Software, or any portion thereof, is not disclosed or made available by you or anyone in your organization to any other unauthorized person, firm or organization without the prior written consent of Promium. You agree to properly restrict any persons permitted access to the Software s6 as to enable you to satisfy your obligations under this Agreement. c . Ownership and Retrieval of Data. All data created by you and residing in your database and records in the Software is fully owned by you. During the term of your subscription and for at least 30 days afterwards, a download of your data can be provided by Promium if requested. Additional fees may apply. After that time, your data will be deleted according to Promium's data purge policy. d . Storage Size of Data . Promium imposes a maximum storage limitation for each of its products per its then-current storage policy, and it reserves the 'right to collect additional fees for or decline to accept excessive storage beyond the storage limitations. 5. OTHER RIGHTS AND LIMITATIONS. a. Restrictions on Use. You agree to use the Software only for your own business or organization. You shall not (i) permit any parent, subsidiaries, affiliated entities or third parties to use the Software unless otherwise specifically agreed in writing by Promium , (ii) use the Software to process or permit to be processed the data of any other party, including any of your affiliates or related companies, (iii) use the Software in the operation of an ASP service, service bureau or similar services, or (iv) allow access to the Software through any computers located outside of your main facility or your designated remote facilities (this does not preclude laboratory clients from accessing appropriate data and reports and submitted chain-of-custody data via the features of the Software as discussed above). b. Limitations on Downloading, Copying, Reverse Engineering, and Similar Activities. You may not download, copy, reverse engineer, decompile, or disassemble the Software. For purposes of this Agreement, "reverse engineering" shall mean the examination or analysis of the Software or Proprietary Information to determine its source code, sequence, structure, organization, internal design, algorithms or encryption devices, and "Proprietary Information" shall mean all data, material, text, software, scripts, processes , graphics, other information or materials or portions thereof that are built into the Software . c . Unauthorized Use. You may not distribute, rent, lease or sublicense the Software. d. Non-Competition. In no event may you use the Software or Proprietary Information to provide services similar to the Software in competition with Promium. In order to protect Promium's confidential information and trade secrets, you may not develop, provide, sell, rent, or resell any product or service which competes with the Software, or create or implement any such product or service for the purpose of competing with the Software provided hereunder while this Agreement is in effect and for a period of one (1) year following termination of this Agreement. 6. RESPONSIBILITY FOR USE. Promium, LLC Element LIMS" Subscription Contract V7-r010422 6 PR OMIUM www.promium.com 1.877.PROMIUM a . Responsibility for Use. You assume sole responsibility for the use of the Software and for any results obtained by you from the Software. You shall be solely responsible for necessary audit and verification of the sufficiency and accuracy of all reports, documents and other information prepared using the Software. You shall also be solely responsible for the nature and content of all data , information, materials or any other content submitted by you or your users through the Software. b . Responsibility for Content --You acknowledge and agree that: (i) Promium does not screen content from the sample generator users or any other content entered or imported into the Promium software, and it does not guarantee or warrant the accuracy, integrity, or quality of any such content; (ii) you will evaluate and bear all risks associated with the use by you or third parties of any such content, including any reliance on the accuracy, completeness, or usefulness of any chain-of-custody information or any other information or data; and (iii) Promium shall not be liable in any way for any such content, including, but not limited to , any errors or omissions in it, or for any loss or damages of any kind incurred as a result of the use of any such content by you or any third party. You acknowledge and agree that nothing in this Agreement or related to your use of the Software shall make Promium a party to any chain-of-custody document or similar. c . Compliance with Laws --All Products. You agree not to use the Software to violate any applicable local, state, national or international law or regulation. Although Promium does not actively monitor use of or data uploaded into the Software by its clients or their users, Promium reserves the right to suspend any use of the Software or any part thereof, or to remove or disable any content, which it reasonably believes violates this Agreement or any applicable law or regulation . d . Indemnification --All Products . Customer shall indemnify and defend Promium and hold it harmless from and against any loss, damage, or expense, including reasonable attorney's fees, arising out of: (i) claims by third parties relating to analytical results, reports or other output provided to third parties by Customer from Customer's use of the Software (unless such claim is due to Promium's willful misconduct); (ii) unauthorized use of the Software by Customer as described in Sections 1 (Use of Software) and 6 (Other Rights and Limitations); (iii) any data, information or other content processed through the Software by Customer or Customer's sample generators or other users; or (iv) the failure of Customer to meet any of its obligations as described in this Agreement. 7. LIMITED SOFTWARE PRODUCT WARRANTY. Promium warrants , for a period of ninety (90) days after access is first provided to you, that the Software will operate in conformance with the documentation supplied with the Software. Promium's sole obligation under this warranty is to, at Promium's sole option, correct or replace the Software so th9t it will perform as above warranted or refund a prorated portion of the related service fee. This warranty is void if any unauthorized modifications are made to the Software or if the Software is not used in compliance with its documentation. 8. DISCLAIMER OF WARRANTY AND LIMITATION OF REMEDIES AND LIABILITY. a . THE LIMITED WARRANTY PROVIDED HEREIN IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES . OTHER THAN THIS LIMITED WARRANTY, THE SOFTWARE AND ANY ASSOCIATED SERVICES ARE Promium, LLC Element LIMS" Subscription Contract V7-r010422 7 PR OMIUM www.promium.com 1.877.PROMIUM PROVIDED "AS IS," AND PROMIUM MAKES NO ADDITIONAL REPRESENTATIONS OR WARRANTIES OF ANY KIND. PROMIUM HEREBY SPECIFICALLY DISCLAIMS ALL WARRANTIES, CONDITIONS, AND/OR REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, ORAL OR WRITTEN, THAT MAY ARISE EITHER BY THE PARTIES' AGREEMENTS OR BY OPERATION OF LAW, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON -INFRINGEMENT. PROMIUM MAKES NO OTHER REPRESENTATIONS OR WARRANTIES INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS OR WARRANTIES THAT (A) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (B) THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, OR (C) ANY DEFECTS IN THE SOFTWARE WILL BE CORRECTED. This disclaimer shall not apply to the extent that it is prohibited by applicable law. b. Promium will not be liable for any loss or damage caused by delay in furnishing the Software or any other performance under this Agreement. c . Promium's entire liability and your exclusive remedies for liability of any kind (including liability for negligence) related to the Software covered by this Agreement and all other performance or nonperformance by Promium under or related to this Agreement are limited to the remedies specified by this Agreement. REGARDLESS OF WHETHER ANY REMEDY IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE, THE LIABILITY OF PROMIUM SHALL BE LIMITED TO DIRECT DAMAGES NOT TO EXCEED THE AMOUNT OF THE SERVICE FEES PAID TO PROMIUM FOR USE OF THE SOFTWARE DURING THE TWELVE (12) MONTHS PRIOR TO THE DATE OF THE CLAIM . IN NO EVENT SHALL PROMIUM BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT OR SIMILAR DAMAGES, INCLUDING PUNITIVE DAMAGES AND LOST PROFITS, RELATED TO THE SOFTWARE OR ANY ASSOCIATED SERVICES THAT PROMIUM MAY PROVIDE, EVEN IF PROMIUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. d. Some states or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for consequential or incidental damages, so the above exclusion may not apply to you. In such situations, Promium's liability shall be limited to the extent permitted by law. This warranty gives you specific legal rights , and you may also have other rights which vary from state to state. 9. U.S. GOVERNMENT END-USERS. For U.S. government end-users, Promium's Software and its documentation constitute a "commercial item," as that term is defined in 48 C .F .R. 2 .101, consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 and 48 C.F.R. §227.7202. All U .S . government end- users acquire the Software with only those rights set forth herein, consistent with 48 C .F.R. 12 .212 or 48 C.F.R. 227.7202-1 through 227.7202-4, as applicable. Manufacturer/contractor is Promium, L.L.C ., 3350 Monte Villa Parkway, Suite 220, Bothell , Washington 98021. 10. TERMINATION . Promium, LLC Element LIMS" Subscription Contract V7-r010422 8 -PR OMIUM www.promium.com 1.877.PROMIUM a. This Agreement shall continue for the period of your Software subscription, unless terminated earlier as provided in this Agreement. Promium reserves the right to update or change it from time to time, effective upon the renewal of your subscription. If a revised version of this Agreement is sent with a renewal notice, continued use of the Software into the renewal period shall constitute your acceptance of such revised Agreement. b . Without prejudice to any other rights, Promium may terminate this Agreement if you fail to comply with the terms and conditions of this Agreement, induding failing to make payments as due, by giving you written notice of such termination. After any termination of this Agreement , you must cease all use of the Software and immediately return any copies of the Software in your possession or under your control to Promium. 11. MISCELLANEOUS a. In any suit, proceeding or action to enforce this Agreement, the substantially prevailing party shall be entitled to recover from the other party reasonable attorneys' fees and costs and expenses in connection with such suit, proceeding or action, including appeal. This Agreement shall be governed by and construed under the laws of the State of Californiawithout regard to its conflict of laws principles. The jurisdiction and venue for any suit or action between the parties shall be the state and federal courts of Fresno County, California . b. Failure to enforce any rights granted herein shall not be deemed a waiver as to subsequent enforcement of such rights. If any part of this Agreement is found void and/or unenforceable, it shall be modified in such manner as to be valid and enforceable but so as to most nearly retain the intent of the parties; and if such modification is not possible, it shall be deemed severed from this Agreement and shall not affect the validity and enforceability of the balance of the Agreement. If any material limitation or restriction on the grant of any license or restrictions on use of the Software under such license by Customer under this Agreement is found to be void or unenforceable, such license shall immediately terminate. c. This Agreement is not assignable by Customer and the licenses granted hereunder may not be sublicensed, assigned or transferred by Customer in any manner without the prior written consent of Promium. Any such attempted sublicense, assignment or transfer shall be void . d . This Agreement, together with any accompanying Price quotation and Order, constitute the entire understanding and agreement of the parties with respect to its subject matter. Any and all prior agreements , understandings or representations with respect to its subject matter are merged herein. The terms and conditions of this Agreement prevail over the terms and conditions of any other order (such as a purchase order) submitted by Customer for the Software. This Agreement may be amended only by written instrument signed by both parties subsequent to the date hereof. Any terms of this Agreement which by their nature extend beyond the Agreement termination or expiration shall remain in effect until fulfilled. These include Sections 5 , 6, 7, 9 and 12. e. Should you have any questions concerning this Agreement or its associated documents, or if you desire to contact Promium for any reason , please contact: Promium, LLC Element LIMS" Subscription Contract V7-r010422 9 PR OMIUM Promium, L.L.C. 3350 Monte Villa Parkway, Suite 220 Bothell, Washington 98021 425.286-9200 Phone 425-286-9201 Fax Master: 010120 Customer Revision : Promium, LLC Element LIMS" Subscription Contract V7-r010422 www.promium.com 1.877.PROMIUM 10 -PROMIUM Order INSTALLATION LOCATION Organization Street City State/Province Postal Code Country County Contact : Title Phone Email Fax Purchase Order Number: Tax Exempt □Yes For GSA qualified labs: Maintenance Billing (if different) Contact name: Title: Phone: Email: Fax : www.promi um.com 1.877.PROMIUM BILLING INFORMATION (if different) Organization Street City State/Province Postal Code Country County Contact Title Phone Email Fax □ PO attached □ Not required □ PO Number only □ Certificate attached □ Use GSA □ Decline GSA Promium, LLC Element LIMS" Subscription Contract V7-r010422 11 -PR OMIUM www.promium.com 1. 877. PROMI UM CUSTOMER AGREES TO THE ONLINE SUBSCRIPTION TO PROMIUM SOFTWARE AS DESCRIBED IN THIS ORDER FORM AND THE ATTACHED PROMIUM QUOTATION. THIS ORDER IS SUBJECT TO PROMIUM'S HOSTED SOFTWARE SERVICE AGREEMENT, A COPY OF WHICH HAS BEEN PROVIDED TO CUSTOMER WITH THIS ORDER FORM. BY SIGNING BELOW, CUSTOMER ACKNOWLEDGES THAT IT HAS RECEIVED A COPY OF SUCH DOCUMENTS, AND 'AGREES TO BE BOUND BY ALL OF THEIR TERMS & CONDITIONS . THE PERSON SIGNING BELOW WARRANTS THAT HE OR SHE IS AUTHORIZED TO EXECUTE THIS DOCUMENT ON BEHALF OF CUSTOMER. Promium L.L.C Organization Name Organization Name Authorized Agent Name (print) Authorized Agent Name (print) Title Title Signature Signature Date Date Promium, LLC Element LIMS" Subscription Contract V7-r010422 12 SUBSCRIPTION Element LIMS® Laboratory Information Management Prepared for: City of Fresno Wastewater Laboratory 2600 Fresno Street Fresno, CA 93721 Jeremy Yarbrough Prepared by: Rick Persichitte Date: May 1, 2023 Order number: C022020a Promium, LLC 3350 Monte Villa Parkway, #220 Bothell, WA 98021-8963 1.877.PROMIUM www.promium.com DocuSign Envelope ID: 7510E3C5-BC9F-458C-80F8-02E2C3365D7D www.promium.com 1.877.PROMIUM Promium, LLC Element LIMS® Subscription Contract V7-r010422 2 HOSTED SERVICES AGREEMENT 3350 Monte Villa Parkway #220 Bothell, WA 98021 1.877.PROMIUM Order #C022020a Prepared by: Rick Persichitte Fresno CA US 93721 Jeremy Yarbrough 559-621-5160 Jeremy.Yarbrough@fresno.gov Element LIMS® version 7 Currency:USD Effective:4/13/2023 SOFTWARE License:Subscription Qty Price Subscription BASE SOFTWARE Annual Configuration: Environmental/Water Testing Application Components Concurrent Users 12 2,600$ -$ 31,200$ - Project Management Included - Sample Control Included - Laboratory Analysis Included - Quality Assurance Included - Reporting (Basic reports & EDDs)Included Number of years 1 Subtotal -$ 31,200$ Element ClientConnect Annual Promium Hosting Subscription 1 2,500$ -$ 2,500$ -$ Number of years 1 Subtotal -$ 2,500$ IMPLEMENTATION SERVICES Qty Price Total Standard 1 35,360$ 35,360$ Subtotal 35,360$ Training Administrator Training Onsite 1 6,320$ 6,320$ User Training Onsite 1 8,260$ 8,260$ Subtotal 14,580$ Additional Services Outputs: EDDs, Reports, DMRs 1 2,340$ 2,340$ Subtotal 2,340$ Campus Online Resources Included - no charge -$ -$ Legacy Data Migration Data Migration 10,000$ Subtotal Data Migration 10,000$ $ 62,280 $ 33,700 NOTES: TERMS AND CONDITOINS This proposal expires after:12/29/2023 Payment for Element LIMS software is billed at shipment/download and is due upon receipt of invoice. Payment due net 30 days unless otherwise specified. Delay in payments can result in discontinuation of services. Late payments may be subject to a 1 1/2% monthly late fee. Element LIMS maintenance renewal periods for license upgrades may be pro-rated to reconcile the renewal period of all users. A 3% processing fee may be applied to credit card transactions for Element LIMS. Rev: AML072822 *Quoted reports includes these six reports: 13COF Bacti WMDLab Report, 13COF Nitrate WMDLab Report, 13PD Bacti WMDLab Report, 15COF Nitrate WMDLab Report, Daily Sewage WMDLab Report, & Digester Soild WMDLab Report. Confidential - Not to be shared with any other parties. TAXES: Even if we do not collect sales tax from you, your state may still require you to pay tax. Promium collects sales tax in WA, AZ, CA, FL, HI, IL, IN, MD, MI, NM, MO, NJ, NY, PA, RI, TN, TX, WI. A sales tax is not collected if we have your tax exemption certificate on file. TOTAL SOFTWARE AND SERVICES *See Notes Below City of Fresno Wastewater Laboratory On-site Assessment, other on-site/off-site hours defined at planning stage. Promium Hosted 2600 Fresno Street - Move to production and ready for go-live - Parallel testing and validation - Initial system testing - Configuration and development - Project initiation and assessment DocuSign Envelope ID: 7510E3C5-BC9F-458C-80F8-02E2C3365D7D www.promium.com 1.877.PROMIUM Promium, LLC Element LIMS® Subscription Contract V7-r010422 3 Hosted Service Agreement This Hosted Software Service Agreement ("Agreement") is a legal agreement between the City of Fresno, a California municipal Corporation, as applicable ("you" or "Customer") and Promium, L.L.C. ("Promium"). It governs the use of the online, hosted service versions of Element LIMS computer software, and any related documentation or downloadable applications provided to you by Promium (collectively, the "Software"). The term "Software" shall also include any printed documentation that may be provided to you. By entering an order for a subscription to one or more of the Software products or using any part of them, you agree to be bound by the terms of this Agreement. PROMIUM IS WILLING TO GRANT YOU A RIGHT TO USE ITS SOFTWARE ONLY IF YOU ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS CONTAINED IN THIS AGREEMENT. If you do not agree to these terms, do not use the Software. If you are accepting on behalf of your employer or another entity, you represent and warrant that: (i) you have full legal authority to bind your employer or the entity to this Agreement; and (ii) you agree, on behalf of the party that you represent, to be bound by this Agreement. If you do not have such legal authority to bind your employer or the applicable entity, please contact Promium and do not access, download (as applicable), or use the Software. The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold. 1. USE OF SOFTWARE. a. Unless otherwise specified in writing by Promium, you may access and use the hosted version of the Software on an unlimited number of computers; provided however, that they may be used by a single business or government entity only. b. For the Element LIMS product, the number of concurrent users of the Software shall be limited as described in your Promium Quotation form. Laboratory facilities sharing a single Element LIMS Production Database may share a single license, as long as all such facilities are both owned and operated by a single business or government entity. c. The Software may not be loaned or shared with any other business or government entity, including any affiliated companies, either by sharing log-in credentials or otherwise. Any such entity would need to purchase its own subscription to use the Software. d. If you enable the Element ClientConnect viewing and reporting functionality, you may allow your laboratory clients to access appropriate data and reports via the Internet reporting features of the Software. If you enable the sample submission functionality, you may allow your sample generators to submit chain-of-custody records online or through the application, subject to any applicable terms of use for such usage. DocuSign Envelope ID: 7510E3C5-BC9F-458C-80F8-02E2C3365D7D www.promium.com 1.877.PROMIUM Promium, LLC Element LIMS® Subscription Contract V7-r010422 4 e. You agree that Promium may audit and inspect your use of the Software for compliance with these terms within thirty (30) days of a request. In the event that such audit reveals any use of the Software by you other than full compliance with the terms of this Agreement, you shall take immediate steps and provide payment as appropriate, to come into compliance. f. To ensure optimal performance and security of the hosted Software, Promium will routinely perform maintenance on a regularly scheduled basis within its published maintenance windows. This may require specific services to be suspended during the maintenance period. Promium schedules maintenance windows outside of generally accepted business hours. As applicable, Promium will use commercially reasonable efforts to notify you in advance of any scheduled maintenance that may adversely affect hosted services. Under certain circumstances Promium may need to perform emergency maintenance, such as security patch installation or hardware replacement. 2. MAINTENANCE AND SUPPORT. a. Maintenance and support is in effect for the duration of your Software subscription. The maintenance and support covers the current version of the Software product. b. Unless otherwise communicated, telephone support is available Monday through Friday, 5:00am to 5:00pm Pacific Time, not including holidays recognized by Promium. At other times, a telephone or email message may be left and Promium personnel will respond within one business day. Emergency technical assistance provided outside of normal business hours may incur additional charges. Online documentation and other support materials may be available at www.promium.com/support or accessible directly through the product. Promium website is available twenty-four hours per day, seven days per week unless undergoing maintenance or repair. c. Each customer requiring support must designate a primary contact person to manage technical support requests. Support requests should be directed to: Promium Customer Support (Help Desk) 425.286.9200 phone 425.286.9201 fax support@promium.com d. Promium may offer certain features, functions, reports, and other input or output which are not considered part of core software or services offered by Promium. These items are considered custom work. Deliverables including but not limited to, custom programming, custom reports, proprietary electronic deliverable programs, other special program functions on behalf of the user, and other custom services, outside the original purchase agreement, may incur additional charges as quoted by Promium. e. Promium reserves the right to charge for support or programming services that are unrelated to the direct operation of its software products. This includes conflicts that may cause software failure due to firmware or device drivers or micro code problems introduced by the manufacturer or other parties. This also includes other software programs that may interfere with its software products. DocuSign Envelope ID: 7510E3C5-BC9F-458C-80F8-02E2C3365D7D www.promium.com 1.877.PROMIUM Promium, LLC Element LIMS® Subscription Contract V7-r010422 5 3. PAYMENT Software Subscription and Maintenance Invoice #1: Software subscription, including maintenance, is invoiced after access to the software is granted. Payment is due upon receipt. Installation Services (including outputs, training, development, and other services) The remaining portion of this order includes installation services and other deliverables as described in this contract and will be billed in three increments per the schedule below unless otherwise specified in the contract. Payment is due net thirty days. Invoice #2: 35% billed at delivery of Administrator Training. Invoice #3: 50% billed at delivery of User Training. Invoice #4: 15% billed “Ready for Go-Live” stage. For installations converting from a license purchase or lease (non-subscription) to a SaaS hosted subscription-based license, implementation payment terms are as follows: •Implementation/Training of conversion to SaaS will be billed upon completion of conversion and due net 30 days. •Subscription and ClientConnect set up, if applicable, is billed upon order receipt. Services for customers whose account includes invoices 30 days past due may be suspended until written payment arrangements have been made and accepted by Promium. Payments not made on or before the payment deadline shall be subject to a one-and-one-half percent (1½%) per month interest charge. In the event that Customer fails to make timely payment under this Agreement, Promium reserves the right to terminate this Agreement by providing Customer written notice of its election to do so. Promium may revise subscription fees and per-unit charges from time to time upon 30-day written notice to Customer. For subscriptions, such revisions shall be effective upon the renewal date of Customer's subscription. 4. OWNERSHIP. a. Title. Use of the Software is licensed to you for use via the internet only under the terms of this Agreement. Except as expressly licensed to you herein, Promium reserves the right, title and interest in the Software and all associated copyrights, trademarks, and other intellectual property rights therein. Promium retains all proprietary rights, including patent, copyright, trade secret, trademark and other proprietary rights, in and to the Software and any corrections, bug fixes, enhancements, updates or other modifications, including custom modifications, to the Software, whether made by Promium or any third party. You shall own all right, title and interest to the information contained in any database created by you for use with the Software. You shall not, however, own any right, title or interest to the schema, structure or design of any databases developed for use with the Software by Promium and may not disclose such schemas, structures or designs to a third party without the expressed written consent of Promium. DocuSign Envelope ID: 7510E3C5-BC9F-458C-80F8-02E2C3365D7D www.promium.com 1.877.PROMIUM Promium, LLC Element LIMS® Subscription Contract V7-r010422 6 b. Confidentiality. You acknowledge that the Software contains confidential, proprietary information and trade secrets of Promium. You agree, and shall take all appropriate steps, to ensure that the Software, or any portion thereof, is not disclosed or made available by you or anyone in your organization to any other unauthorized person, firm or organization without the prior written consent of Promium. You agree to properly restrict any persons permitted access to the Software so as to enable you to satisfy your obligations under this Agreement. c. Ownership and Retrieval of Data. All data created by you and residing in your database and records in the Software is fully owned by you. During the term of your subscription and for at least 30 days afterwards, a download of your data can be provided by Promium if requested. Additional fees may apply. After that time, your data will be deleted according to Promium's data purge policy. d. Storage Size of Data. Promium imposes a maximum storage limitation for each of its products per its then-current storage policy, and it reserves the right to collect additional fees for or decline to accept excessive storage beyond the storage limitations. 5. OTHER RIGHTS AND LIMITATIONS. a. Restrictions on Use. You agree to use the Software only for your own business or organization. You shall not (i) permit any parent, subsidiaries, affiliated entities or third parties to use the Software unless otherwise specifically agreed in writing by Promium, (ii) use the Software to process or permit to be processed the data of any other party, including any of your affiliates or related companies, (iii) use the Software in the operation of an ASP service, service bureau or similar services, or (iv) allow access to the Software through any computers located outside of your main facility or your designated remote facilities (this does not preclude laboratory clients from accessing appropriate data and reports and submitted chain-of-custody data via the features of the Software as discussed above). b. Limitations on Downloading, Copying, Reverse Engineering, and Similar Activities. You may not download, copy, reverse engineer, decompile, or disassemble the Software. For purposes of this Agreement, "reverse engineering" shall mean the examination or analysis of the Software or Proprietary Information to determine its source code, sequence, structure, organization, internal design, algorithms or encryption devices, and "Proprietary Information" shall mean all data, material, text, software, scripts, processes, graphics, other information or materials or portions thereof that are built into the Software. c. Unauthorized Use. You may not distribute, rent, lease or sublicense the Software. d. Non-Competition. In no event may you use the Software or Proprietary Information to provide services similar to the Software in competition with Promium. In order to protect Promium's confidential information and trade secrets, you may not develop, provide, sell, rent, or resell any product or service which competes with the Software, or create or implement any such product or service for the purpose of competing with the Software provided hereunder while this Agreement is in effect and for a period of one (1) year following termination of this Agreement. 6. RESPONSIBILITY FOR USE. DocuSign Envelope ID: 7510E3C5-BC9F-458C-80F8-02E2C3365D7D www.promium.com 1.877.PROMIUM Promium, LLC Element LIMS® Subscription Contract V7-r010422 7 a. Responsibility for Use. You assume sole responsibility for the use of the Software and for any results obtained by you from the Software. You shall be solely responsible for necessary audit and verification of the sufficiency and accuracy of all reports, documents and other information prepared using the Software. You shall also be solely responsible for the nature and content of all data, information, materials or any other content submitted by you or your users through the Software. b. Responsibility for Content -- You acknowledge and agree that: (i) Promium does not screen content from the sample generator users or any other content entered or imported into the Promium software, and it does not guarantee or warrant the accuracy, integrity, or quality of any such content; (ii) you will evaluate and bear all risks associated with the use by you or third parties of any such content, including any reliance on the accuracy, completeness, or usefulness of any chain-of-custody information or any other information or data; and (iii) Promium shall not be liable in any way for any such content, including, but not limited to, any errors or omissions in it, or for any loss or damages of any kind incurred as a result of the use of any such content by you or any third party. You acknowledge and agree that nothing in this Agreement or related to your use of the Software shall make Promium a party to any chain-of-custody document or similar. c. Compliance with Laws -- All Products. You agree not to use the Software to violate any applicable local, state, national or international law or regulation. Although Promium does not actively monitor use of or data uploaded into the Software by its clients or their users, Promium reserves the right to suspend any use of the Software or any part thereof, or to remove or disable any content, which it reasonably believes violates this Agreement or any applicable law or regulation. d. Indemnification -- All Products. Customer shall indemnify and defend Promium and hold it harmless from and against any loss, damage, or expense, including reasonable attorney’s fees, arising out of: (i) claims by third parties relating to analytical results, reports or other output provided to third parties by Customer from Customer’s use of the Software (unless such claim is due to Promium’s willful misconduct); (ii) unauthorized use of the Software by Customer as described in Sections 1 (Use of Software) and 6 (Other Rights and Limitations); (iii) any data, information or other content processed through the Software by Customer or Customer's sample generators or other users; or (iv) the failure of Customer to meet any of its obligations as described in this Agreement. 7. LIMITED SOFTWARE PRODUCT WARRANTY. Promium warrants, for a period of ninety (90) days after access is first provided to you, that the Software will operate in conformance with the documentation supplied with the Software. Promium's sole obligation under this warranty is to, at Promium's sole option, correct or replace the Software so that it will perform as above warranted or refund a prorated portion of the related service fee. This warranty is void if any unauthorized modifications are made to the Software or if the Software is not used in compliance with its documentation. 8. DISCLAIMER OF WARRANTY AND LIMITATION OF REMEDIES AND LIABILITY. a. THE LIMITED WARRANTY PROVIDED HEREIN IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES. OTHER THAN THIS LIMITED WARRANTY, THE SOFTWARE AND ANY ASSOCIATED SERVICES ARE DocuSign Envelope ID: 7510E3C5-BC9F-458C-80F8-02E2C3365D7D www.promium.com 1.877.PROMIUM Promium, LLC Element LIMS® Subscription Contract V7-r010422 8 PROVIDED "AS IS," AND PROMIUM MAKES NO ADDITIONAL REPRESENTATIONS OR WARRANTIES OF ANY KIND. PROMIUM HEREBY SPECIFICALLY DISCLAIMS ALL WARRANTIES, CONDITIONS, AND/OR REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, ORAL OR WRITTEN, THAT MAY ARISE EITHER BY THE PARTIES' AGREEMENTS OR BY OPERATION OF LAW, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. PROMIUM MAKES NO OTHER REPRESENTATIONS OR WARRANTIES INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS OR WARRANTIES THAT (A) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (B) THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, OR (C) ANY DEFECTS IN THE SOFTWARE WILL BE CORRECTED. This disclaimer shall not apply to the extent that it is prohibited by applicable law. b. Promium will not be liable for any loss or damage caused by delay in furnishing the Software or any other performance under this Agreement. c. Promium's entire liability and your exclusive remedies for liability of any kind (excluding liability for negligence as detailed in Exhibit A) related to the Software covered by this Agreement and all other performance or nonperformance by Promium under or related to this Agreement are limited to the remedies specified by this Agreement. REGARDLESS OF WHETHER ANY REMEDY IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE, THE LIABILITY OF PROMIUM SHALL BE LIMITED TO DIRECT DAMAGES NOT TO EXCEED THE AMOUNT OF THE SERVICE FEES PAID TO PROMIUM FOR USE OF THE SOFTWARE DURING THE TWELVE (12) MONTHS PRIOR TO THE DATE OF THE CLAIM. IN NO EVENT SHALL PROMIUM BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT OR SIMILAR DAMAGES, RELATED TO THE SOFTWARE OR ANY ASSOCIATED SERVICES THAT PROMIUM MAY PROVIDE, EVEN IF PROMIUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. d. Some states or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for consequential or incidental damages, so the above exclusion may not apply to you. In such situations, Promium's liability shall be limited to the extent permitted by law. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state. 9. U.S. GOVERNMENT END-USERS. For U.S. government end-users, Promium's Software and its documentation constitute a "commercial item," as that term is defined in 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 and 48 C.F.R. §227.7202. All U.S. government end- users acquire the Software with only those rights set forth herein, consistent with 48 C.F.R. 12.212 or 48 C.F.R. 227.7202-1 through 227.7202-4, as applicable. Manufacturer/contractor is Promium, L.L.C., 3350 Monte Villa Parkway, Suite 220, Bothell, Washington 98021. DocuSign Envelope ID: 7510E3C5-BC9F-458C-80F8-02E2C3365D7D www.promium.com 1.877.PROMIUM Promium, LLC Element LIMS® Subscription Contract V7-r010422 9 10. TERM and TERMINATION. a. This Agreement shall continue for the period of your Software subscription, unless terminated earlier as provided in this Agreement. Promium reserves the right to update or change it from time to time, effective upon the renewal of your subscription. The initial term of this agreement will be for a subscription term of one (1) year. For purposes of this agreement, the subscription term will commence once Customer confirms that it has been granted access to the Software. Thereafter, Customer, at its sole discretion, may renew its subscription for five one (1) year terms. Any revised Agreement shall have no force and effect unless in writing and signed by the Customer and Promium. b. Without prejudice to any other rights, Promium may terminate this Agreement if you fail to comply with the terms and conditions of this Agreement, including failing to make payments as due, by giving you written notice of such termination. After any termination of this Agreement, you must cease all use of the Software and immediately return any copies of the Software in your possession or under your control to Promium. 11. MISCELLANEOUS a. In any suit, proceeding or action to enforce this Agreement, the substantially prevailing party shall be entitled to recover from the other party reasonable attorneys' fees and costs and expenses in connection with such suit, proceeding or action, including appeal. This Agreement shall be governed by and construed under the laws of the State of California without regard to its conflict of laws principles. The jurisdiction and venue for any suit or action between the parties shall be the state and federal courts of Fresno County, California. b. Failure to enforce any rights granted herein shall not be deemed a waiver as to subsequent enforcement of such rights. If any part of this Agreement is found void and/or unenforceable, it shall be modified in such manner as to be valid and enforceable but so as to most nearly retain the intent of the parties; and if such modification is not possible, it shall be deemed severed from this Agreement and shall not affect the validity and enforceability of the balance of the Agreement. If any material limitation or restriction on the grant of any license or restrictions on use of the Software under such license by Customer under this Agreement is found to be void or unenforceable, such license shall immediately terminate. c. This Agreement is not assignable by Customer and the licenses granted hereunder may not be sublicensed, assigned or transferred by Customer in any manner without the prior written consent of Promium. Any such attempted sublicense, assignment or transfer shall be void. d. This Agreement, together with any accompanying Price quotation and Order, constitute the entire understanding and agreement of the parties with respect to its subject matter. Any and all prior agreements, understandings or representations with respect to its subject matter are merged herein. The terms and conditions of this Agreement prevail over the terms and conditions of any other order (such as a purchase order) submitted by Customer for the Software. This Agreement may be amended only by written instrument signed by both parties subsequent to the date hereof. Any terms of this Agreement which by their nature extend beyond the Agreement termination or expiration shall remain in effect until fulfilled. These include Sections 5, 6, 7, 9 and 12. DocuSign Envelope ID: 7510E3C5-BC9F-458C-80F8-02E2C3365D7D www.promium.com 1.877.PROMIUM Promium, LLC Element LIMS® Subscription Contract V7-r010422 10 e. Should you have any questions concerning this Agreement or its associated documents, or if you desire to contact Promium for any reason, please contact: Promium, L.L.C. 3350 Monte Villa Parkway, Suite 220 Bothell, Washington 98021 425.286-9200 Phone 425-286-9201 Fax Master: 010120 Customer Revision: DocuSign Envelope ID: 7510E3C5-BC9F-458C-80F8-02E2C3365D7D www.promium.com 1.877.PROMIUM Promium, LLC Element LIMS® Subscription Contract V7-r010422 11 Order INSTALLATION LOCATION BILLING INFORMATION (if different) Organization Organization Street Street City City State/Province State/Province Postal Code Postal Code Country Country County County Contact: Contact Title Title Phone Phone Email Email Fax Fax Purchase Order Number: PO attached Not required PO Number only Tax Exempt Yes Certificate attached For GSA qualified labs: Use GSA Decline GSA Maintenance Billing (if different) Contact name: Title: Phone: Email: Fax: DocuSign Envelope ID: 7510E3C5-BC9F-458C-80F8-02E2C3365D7D 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: Brock D. Buche, PE, PLS Director Department of Public Utilities APPROVED AS TO FORM: ANDREW JANZ City Attorney By: Jennifer M. Quintanilla Date Senior Deputy City Attorney ATTEST: TODD STERMER, CMC City Clerk By: Deputy Date Promium, L.L.C. a Limited Liability 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) REVIEWED BY: CONSULTANT: Promium LLC Attention: Rick Persichitte Regional Account Manager 3350 Monte Villa Parkway, Suit 220 Bothell, WA 98021 Phone: (425) 318-6854 E-mail: rpersichette@promium.com 12 Addresses: CITY: City of Fresno Attention: Peter A. Maraccini, PE, PhD Public Utilities Manager 1626 E Street Fresno, CA 93706 Phone: (559) 621-1603 E-mail: Peter.Maraccini@Fresno.gov Exhibit A – Indemnification and Insurance Requirements Peter A Maraccini, PE, PhD Public Utilities Manager Department of Public Utilities Michael Simpson President Andrew Branski Chief Financial Officer and Treasurer DocuSign Envelope ID: 7510E3C5-BC9F-458C-80F8-02E2C3365D7D 6/6/2023 6/6/2023 6/6/2023 6/6/2023 Exhibit A Indemnification and Insurance Requirements To the furthest extent allowed by law, Promium shall defend, indemnify and hold harmless Customer from and against any and all direct and indirect claims, losses, liabilities, damages, costs and expenses (including including losses and costs incurred by You and any reasonable attorney's fees and costs) which arise from Promium’s negligence or willful misconduct; a breach of Promium’s confidentiality (information not of public record) obligations arising from Promium’s negligence or willful misconduct; or Promium’s violation of a law applicable to Promium’s performance under the contract. Customer must notify Promium promptly in writing of the claim and give Promium control over its defense or settlement with Customer’s approval, reasonable approval will not be withheld. Customer agrees to provide Promium with reasonable assistance, cooperation, and information in defending the claim at Promium’s expense. Promium will defend, indemnify, and hold harmless Customer from third‐party claims that the software and/or documentation infringes an intellectual property. This section shall survive termination or expiration of this Agreement. Throughout the life of this Agreement, Promium shall procure and maintain the following 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. Technology Professional Liability (Errors and Omissions) insurance appropriate to PROMIUM’S profession. Coverage shall be sufficiently broad to respond to duties and obligations as is undertaken by PROMIUM in this agreement and shall include but not be limited to, claims involving infringement of intellectual property, including DocuSign Envelope ID: 7510E3C5-BC9F-458C-80F8-02E2C3365D7D 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. MINIMUM LIMITS OF INSURANCE PROMIUM, or any party the PROMIUM subcontracts with, shall maintain limits of liability of not less than those set forth below. However, insurance limits available to CUSTOMER, its officers, officials, employees, agents and volunteers as additional insureds, shall be the greater of the minimum limits specified herein or the full limit of any insurance proceeds available to the named insured: 1. COMMERCIAL GENERAL LIABILITY: (i) $1,000,000 per occurrence for bodily injury and property damage; (ii) $1,000,000 per occurrence for personal and advertising injury; (iii) $2,000,000 aggregate for products and completed operations; and, (iv) $2,000,000 general aggregate applying separately to the work performed under the Agreement. 2. COMMERCIAL AUTOMOBILE LIABILITY: $1,000,000 per accident for bodily injury and property damage. 3. WORKERS’ COMPENSATION INSURANCE as required by the State of California with statutory limits. 4. EMPLOYER’S LIABILITY: (i) $1,000,000 each accident for bodily injury; (ii) $1,000,000 disease each employee; and, (iii) $1,000,000 disease policy limit. 5. TECHNOLOGY PROFESSIONAL LIABILITY (Errors and Omissions) appropriate to the Promium’s profession: (i) $1,000,000 per claim/occurrence; and, (ii) $2,000,000 policy aggregate. UMBRELLA OR EXCESS INSURANCE DocuSign Envelope ID: 7510E3C5-BC9F-458C-80F8-02E2C3365D7D In the event PROMIUM 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 CUSTOMER, its officers, officials, employees, agents and volunteers. DEDUCTIBLES AND SELF-INSURED RETENTIONS PROMIUM shall be responsible for payment of any deductibles contained in any insurance policy(ies) required herein and PROMIUM 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 CUSTOMER’S Risk Manager or his/her designee. At the option of the CUSTOMER’S Risk Manager or his/her designee, either: (i) The insurer shall reduce or eliminate such deductibles or self-insured retentions as respects CUSTOMER, its officers, officials, employees, agents and volunteers; or (ii) PROMIUM shall provide a financial guarantee, satisfactory to CUSTOMER’S Risk Manager or his/her designee, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall CUSTOMER 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. CUSTOMER, its officers, officials, employees, agents and volunteers are to be covered as additional insureds. PROMIUM shall establish additional insured status for the CUSTOMER and for all ongoing and completed operations by use of ISO Form CG 20 10 11 85 or both CG 20 10 04 13 and CG 20 37 04 13 or by an executed manuscript insurance company endorsement 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 CUSTOMER, 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, PROMIUM’S insurance coverage shall be primary insurance with respect to the CUSTOMER, its officers, DocuSign Envelope ID: 7510E3C5-BC9F-458C-80F8-02E2C3365D7D officials, employees, agents and volunteers. Any insurance or self- insurance maintained by the CUSTOMER, its officers, officials, employees, agents and volunteers shall be excess of PROMIUM’S insurance and shall not contribute with it. PROMIUM 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: PROMIUM and its insurer shall waive any right of subrogation against CUSTOMER, its officers, officials, employees, agents and volunteers. If the Technology Professional (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 PROMIUM. 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 PROMIUM, PROMIUM 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 CUSTOMER 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 CUSTOMER. PROMIUM is also responsible for providing written notice to the CUSTOMER 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 DocuSign Envelope ID: 7510E3C5-BC9F-458C-80F8-02E2C3365D7D limits, PROMIUM shall furnish CUSTOMER 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 CUSTOMER, PROMIUM 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 PROMIUM shall not be deemed to release or diminish the liability of PROMIUM, 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 PROMIUM. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of PROMIUM, its principals, officers, agents, employees, persons under the supervision of PROMIUM, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them. VERIFICATION OF COVERAGE PROMIUM shall furnish CUSTOMER with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the CUSTOMER’S Risk Manager or his/her designee prior to CUSTOMER’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 CUSTOMER, PROMIUM shall immediately furnish CUSTOMER 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: 7510E3C5-BC9F-458C-80F8-02E2C3365D7D City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-959 Agenda Date:6/22/2023 Agenda #: 1.-K. REPORT TO THE CITY COUNCIL FROM:BROCK D. BUCHE, PE, PLS, Director Department of Public Utilities BY:RICK STAGGS, Assistant Director Department of Public Utilities - Wastewater Management Division CORY ASHER, Wastewater Manager - Certified Department of Public Utilities - Wastewater Management Division SUBJECT Approve a second amendment to a requirements contract with SNF Polydyne, Inc., to increase the not-to-exceed Contract amount for the purchase of Cationic Polymer by $1,106,000.00, for a total Contract value of $9,145,364.56 (Council District 3) RECOMMENDATIONS Staff recommends that Council approve an increase to a Requirements Contract (RC) with SNF Polydyne, Inc., for the purchase of Cationic Polymer in the amount of $1,106,000.00, for a total contract value of $9,145,364.56; and authorize the Director of Public Utilities or designee, to sign amendment on behalf of the City of Fresno (City). EXECUTIVE SUMMARY On September 19, 2019, the Council authorized a cooperative purchase agreement with SNF Polydyne, Inc., for Cationic Polymer under a Piggyback Contract Proposal with the City of Livermore, California. Later, on September 30, 2021, the first amendment was approved by the Council, extending the Contract's end date to June 30, 2023, and raising the Not-to-Exceed sum from $3,754,200.00 to $8,039,364.56. Currently, the Department of Public Utilities, Wastewater Management Division, seeks approval for an amendment to the cooperative purchase agreement that would increase the Contract's not-to-exceed amount from $8,039,364.56 to $9,145,364.56, to ensure payment of final deliveries through the remainder of the contract. Cationic Polymer is a chemical needed in the wastewater treatment process. BACKGROUND The City of Fresno’s (City) Fresno-Clovis Regional Wastewater Reclamation Facility (Facility) is a 24 hours per day, 7 days per week operation reclaiming wastewater for beneficial use for the City and City of Fresno Printed on 6/29/2023Page 1 of 2 powered by Legistar™ 6/22/2023 NE/AP 6-0 LC ABSENT APPROVED ON CONSENT File #:ID 23-959 Agenda Date:6/22/2023 Agenda #: 1.-K. hours per day,7 days per week operation reclaiming wastewater for beneficial use for the City and the surrounding areas.The Facility currently receives and processes approximately 58 million gallons of wastewater daily.Cationic Polymer is a thickening chemical used in the processing of wastewater biosolids.It decreases the percentage of liquid in the biosolids,which in turn,makes the disposal of the biosolids less costly to the City.The Department of Public Utilities,Wastewater Management Division,entered into a contract for the purchase of Cationic Polymer from SNF Polydyne,Inc.,using a cooperative purchase RC that originated from the City of Livermore. The initial contract included the possibility for two one-year extensions.The Wastewater Management Division extended the Agreement until June 30,2022,with one one-year option remaining.The initial not-to-exceed contract sum of $3,660,000.00 was for the first two years only, without considering the potential extensions within the City of Livermore’s contract.Later,on September 30,2021,Council authorized the first amendment that extended the Contract's end date to June 30,2023,and increased the not-to-exceed amount from $3,754,200.00 to $8,039,364.56. The Wastewater Management Division is now requesting Council approve an additional allocation of $1,106,000.00 to increase the Contract value to $9,145,364.56.This will ensure sufficient funding for the remaining Cationic Polymer required to process the solids until the contract expires. City Attorney has reviewed and approved to form.Upon Council approval the Director of Public Utilities, or designee, will sign the amendment on behalf of the City. ENVIRONMENTAL FINDINGS This is not a project for the purposes of CEQA pursuant to CEQA guidelines section 15378,as it is an administrative action that will not result in direct or indirect changes to the environment. LOCAL PREFERENCE Local preference was not implemented, as this is an amendment to an existing contract. FISCAL IMPACT There is no impact to the General Fund.The project is located in Council District 3.Appropriations for this project are included in the Fiscal Year 2023 Wastewater Management Division’s Operating Budget. Attachments: Attachment 1 - SNF Polydyne Livermore Piggyback Amendment 2 Attachment 2 - SNF Polydyne Livermore Piggyback Amendment 1 Attachment 3 - City of Livermore RC Cationic Polymer contract titled Agreement for Services Attachment 4 -Piggyback Contract Proposal for the Purchase of Liquid Cationic Polymer RE:City of Livermore - Request for Bid #4214. City of Fresno Printed on 6/29/2023Page 2 of 2 powered by Legistar™ 1 SECOND AMENDMENT TO AGREEMENT THIS SECOND AMENDMENT TO AGREEMENT (Amendment) made and entered into as of this ____ day of June 2023, amends the Agreement entered into between the CITY OF FRESNO, a municipal corporation (City), and SNF Polydyne, Inc., a Delaware corporation (Contractor). RECITALS The City and Contractor entered into an Agreement, dated September 19, 2019, for a requirements contract for Cationic Polymer for $1,830,000 per year for two years, (Agreement); and The Agreement purchased the Cationic Polymer through a City of Livermore agreement as a cooperative purchase; and The City of Livermore entered into a first amendment with Contractor to extend the term of the agreement for a one-year term with an optional one-year extension; and The City and Contractor extend the term of the Agreement consistent with Livermore’s first amendment, for one-year with an optional one-year extension; and The City entered into a first amendment with Contractor to increase the contract price to not to exceed $3,754,200, for a total contract value of $8,039,364.56. The City and Contractor desire to increase the contract price to not to exceed $1,106,000, for a total contract value of $9,145,364.56. AGREEMENT NOW, THEREFORE, the parties agree that the aforesaid Agreement be amended as follows: 1. The contract price shall be increased by $1,106,000, for a total contract value of $9,145,364.56. 2. In the event of any conflict between the body of this Amendment and any exhibit or attachment hereto, the terms and conditions of the body of this Amendment shall control and take precedence over the terms and conditions expressed within the exhibit or attachment. Furthermore, any terms or conditions contained within any exhibit or attachment hereto which purport to modify the allocation of risk between the parties, provided for within the body of this Amendment, shall be null and void. 3. Except as otherwise provided herein, the Agreement dated September 19, 2019 and the First Amendment to Agreement dated October 4, 2021 entered into by the City and Contractor, remain in full force and effect. [Signatures follow on the next page.] DocuSign Envelope ID: 16E03E0B-372A-4712-B943-EE978B7B2428 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: Brock D. Buche, PE, PLS, Director Department of Public Utilities APPROVED AS TO FORM: ANDREW JANZ City Attorney By: Angela M. Karst Date Deputy City Attorney ATTEST: TODD STERMER, CMC City Clerk By: Date Deputy SNF Polydyne, 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) Addresses: CITY: City of Fresno Attention: Cory Asher 5607 W Jensen Ave. Fresno, CA 93706 Telephone No. 559-621-5170 FAX: 559-498-1700 CONSULTANT: SNF Polydyne, Inc., Attention: Boyd Stanley 1 Chemical Plant Road Riceboro, GA 31323 Phone: 912-880-2035 FAX: 912-880-2078 DocuSign Envelope ID: 16E03E0B-372A-4712-B943-EE978B7B2428 Boyd Stanley Sr. Vice-President 6/7/2023 Vice-President Mark Schlag 6/7/2023 6/7/2023 Clerk Attesting 1 FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT (Amendment) made and entered into as of this ____ day of October 2021, amends the Agreement entered into between the CITY OF FRESNO, a municipal corporation (City), and SNF Polydyne, Inc., a Delaware corporation (Contractor). RECITALS City and Vendor entered into an Agreement, dated September 19, 2019, for a requirements contract for Cationic Polymer for $1,830,000 per year for two years , (Agreement); and The Agreement purchased the Cationic Polymer through a City of Livermore agreement as a cooperative purchase; and The City of Livermore entered into a first amendment with Contractor to extend the term of the agreement for a one-year term with an optional one-year extension; and The City and Contractor desire to extend the term of the Agreement consistent with Livermore’s first amendment, for one-year with an optional one-year extension; and The City and Contractor desire to increase the contract price to not to exceed $3,754,200, for a total contract value of $8,039,364.56. AGREEMENT NOW, THEREFORE, the parties agree that the aforesaid Agreement be amended as follows: 1. The contract price shall be increased by $3,754,200, for a total contract value of $8,039,364.56. 2. In the event of any conflict between the body of this Amendment and any exhibit or attachment hereto, the terms and conditions of the body of this Amendment shall control and take precedence over the terms and conditions expressed within the exhibit or attachment. Furthermore, any terms or conditions contained within any exhibit or attachment hereto which purport to modify the allocation of risk between the parties, provided for within the body of this Amendment, shall be null and void. 3. Except as otherwise provided herein, the Agreement entered into by City and Contractor, dated September 19, 2019, remains in full force and effect. [Signatures follow on the next page.] DocuSign Envelope ID: 5DBABA30-F7A3-445B-8025-96692D5D508A 4th 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: Michael Carbajal Director of the Department of Public Utilities 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 SNF Polydyne, 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) Addresses: CITY: City of Fresno Attention: Cory Asher 5607 W Jensen Ave. Fresno, CA 93706 Telephone No. 559-621-5170 FAX: 559-498-1700 CONSULTANT: SNF Polydyne, Inc., Attention: Boyd Stanley 1 Chemical Plant Road Riceboro, GA 31323 Phone: 912-880-2035 FAX: 912-880-2078 DocuSign Envelope ID: 5DBABA30-F7A3-445B-8025-96692D5D508A 9/14/2021 Boyd Stanley Sr. Vice-President Mark Schlag 9/14/2021 Assistant-Secretary 9/27/2021 10/1/2021 Marco Martinez 10/4/2021 DocuSign Envelope ID: 5DBABA30-F7A3-445B-8025-96692D5D508A DocuSign Envelope ID: 5DBABA30-F7A3-445B-8025-96692D5D508A DocuSign Envelope ID: 5DBABA30-F7A3-445B-8025-96692D5D508A DocuSign Envelope ID: 5DBABA30-F7A3-445B-8025-96692D5D508A DocuSign Envelope ID: 5DBABA30-F7A3-445B-8025-96692D5D508A DocuSign Envelope ID: 5DBABA30-F7A3-445B-8025-96692D5D508A DocuSign Envelope ID: 5DBABA30-F7A3-445B-8025-96692D5D508A DocuSign Envelope ID: 5DBABA30-F7A3-445B-8025-96692D5D508A DocuSign Envelope ID: 5DBABA30-F7A3-445B-8025-96692D5D508A DocuSign Envelope ID: 5DBABA30-F7A3-445B-8025-96692D5D508A DocuSign Envelope ID: 5DBABA30-F7A3-445B-8025-96692D5D508A DocuSign Envelope ID: 5DBABA30-F7A3-445B-8025-96692D5D508A DocuSign Envelope ID: 5DBABA30-F7A3-445B-8025-96692D5D508A DocuSign Envelope ID: 5DBABA30-F7A3-445B-8025-96692D5D508A DocuSign Envelope ID: 5DBABA30-F7A3-445B-8025-96692D5D508A DocuSign Envelope ID: 5DBABA30-F7A3-445B-8025-96692D5D508A DocuSign Envelope ID: 5DBABA30-F7A3-445B-8025-96692D5D508A DocuSign Envelope ID: 5DBABA30-F7A3-445B-8025-96692D5D508A DocuSign Envelope ID: 5DBABA30-F7A3-445B-8025-96692D5D508A DocuSign Envelope ID: 5DBABA30-F7A3-445B-8025-96692D5D508A City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-927 Agenda Date:6/22/2023 Agenda #: 1.-L. REPORT TO THE CITY COUNCIL FROM:SCOTT L. MOZIER, PE, Director Public Works Department BY:RANDALL W. MORRISON, PE, Assistant Director Public Works Department, Engineering Division SCOTT P. SEHM, PE, Public Works Manager Public Works Department, Design Section SUBJECT Award a construction contract in the amount of $2,649,222 to Emmett’s Excavation, Inc., of Clovis, California for the Blackstone Avenue and McKinley Avenue Transit Oriented Development Sidewalk and Lighting Project - Bid File 12300361 (Council Districts 1 and 7) RECOMMENDATIONS Staff recommends City Council award a construction contract with Emmett’s Excavation, Inc., of Clovis, California for the Blackstone Avenue and McKinley Avenue Transit Oriented Development Sidewalk and Lighting Project in the amount of $2,649,222 as the lowest responsive and responsible bidder and authorize the Public Works Director, or designee, to sign the construction contract on behalf of the City of Fresno. EXECUTIVE SUMMARY The proposed Blackstone Avenue and McKinley Avenue Transit Oriented Development Sidewalk and Lighting Project will improve pedestrian facilities along Blackstone Avenue by constructing missing segments of concrete sidewalk and installing street lighting and pedestrian scale lighting along Blackstone Avenue, between Hedges Avenue and Cambridge Avenue. This project will serve the Fresno City College neighborhood, as well as the new Transit Oriented Development (TOD) project on the southwest corner of Blackstone Avenue and McKinley Avenue. This project is funded by an Affordable Housing and Sustainable Communities (AHSC) grant with local funding sources including SB1 Road Maintenance and Rehabilitation Account (RMRA) funds and water enterprise funds for the water infrastructure improvements. BACKGROUND The design phase of the project was initiated in FY21, shortly after the City of Fresno entered into an agreement with Corporation for Better Housing, A California nonprofit public benefit Corporation. The City of Fresno Printed on 6/29/2023Page 1 of 3 powered by Legistar™ 6/22/2023 NE/AP 6-0 LC ABSENT APPROVED ON CONSENT File #:ID 23-927 Agenda Date:6/22/2023 Agenda #: 1.-L. agreement with Corporation for Better Housing,A California nonprofit public benefit Corporation.The engineering design,project management,and right-of-way acquisition took three years and was completed by City of Fresno staff. The scope of this project consists of improvements along Blackstone Avenue,from Hedges Avenue to Cambridge Avenue,and includes construction of sidewalk along the east side of Blackstone Avenue,from Hedges Avenue to Floradora Avenue,that will complete an existing gap in the infrastructure and the replacement of 24 existing commercial drive approaches throughout the project limits to provide an ADA-compliant path of travel.Street lighting will be upgraded on the east side of Blackstone Avenue between Hedges Avenue and Floradora Avenue and pedestrian-scale lights will be installed on both sides of Blackstone Avenue between Hedges Avenue and Cambridge Avenue to improve the visibility in the vicinity for both pedestrians and motorists.This work also requires the reconstruction of a segment of northbound Blackstone Avenue to accommodate the proposed sidewalk and driveway installations.Additional work,unrelated to the pedestrian improvements,will be the transfer of 16 existing water services from an existing water main located under the proposed sidewalk,which will be abandoned with this project,and reconnection to a recently installed 12”water main on the west side of Blackstone Avenue.This work was requested and funded by the Department of Public Utilities. Pedestrian easements were needed from four landowners to install the pedestrian scale lighting and sidewalk and was acquired by Public Works staff.Some of the parcels within the area of work also have private assets such as fencing,signs,equipment,parked cars,etc.within the City’s right-of-way that will interfere with construction;staff has made all landowners and their tenants aware of this project and requested that those assets be removed by the owners/tenants in advance of the start of construction. A reminder notice will be sent prior to the start of construction. A Notice Inviting Bids was published in the Fresno Business Journal on February 22,2023,posted on the City’s website,and distributed to eight (8)building exchange.The specifications were distributed to 32 prospective bidders.Four (4)sealed bid proposals were received and opened in a public bid opening on April 25,2023.Emmett’s Excavation,Inc.,submitted the apparent low bid in the amount of $2,649,222 and was determined to be the lowest responsive and responsible bidder for the project.The bids will expire on June 28,2023.If the bid is rejected or expires,the project must be rebid, which will result in a delay of approximately 90 days. This contract is covered by the Community Workforce Agreement (PLA),adopted by Council in September 2021.The Contractor shall become signatory to the PLA by executing the Agreement To Be Bound. The City Attorney’s Office has reviewed and approved as to form. Staff recommends Council award a construction contract with Emmett’s Excavation,Inc.,in the amount of $2,649,222 for the Blackstone Avenue and McKinley Avenue Transit Oriented Development Project as the lowest responsive and responsible bidder and authorize the Public Works Director or designee to sign and execute the standardized contract on behalf of the City of Fresno. City of Fresno Printed on 6/29/2023Page 2 of 3 powered by Legistar™ File #:ID 23-927 Agenda Date:6/22/2023 Agenda #: 1.-L. ENVIRONMENTAL FINDINGS Environmental Assessment Application P21-01288 was previously adopted by City Council on April 28,2022 as file ID 22-611,when the construction contract for the Class IV Bikeway project on Van Ness and Wishon/Fulton, which is a component of this Blackstone TOD project, was awarded. LOCAL PREFERENCE Local preference is not applicable due to the state grant funding requirements on the project. FISCAL IMPACT The Blackstone Avenue and McKinley Avenue Transit Oriented Development Sidewalk and Lighting Project is located in Council Districts 1 and 7.The overall cost of the project is $3,333,586 and is grant funded by an Affordable Housing and Sustainable Communities (AHSC)grant.Other local funding sources include SB1 Road Maintenance and Rehabilitation Account (RMRA)funds and water enterprise funds for the water infrastructure improvements.Of the overall budget of the project, $2,649,222 will be used for the construction contract award.The project will have no impact to the General Fund. Attachment(s): Vicinity Map Bid Evaluation Fiscal Impact Statement Standardized Contract City of Fresno Printed on 6/29/2023Page 3 of 3 powered by Legistar™ Whites Bridge MapleBrawleyHerndon Bullard Shaw ClovisFowlerTemperanceWestPalmClovisFowlerTemperanceDe WolfShields McKinley Belmont ChestnutPeachAmerican CedarGrantlandHayesElmEastMarksWestWalnutCorneliaNorth California Jensen Ashlan GrantlandHayesCorneliaBrawleyMarksShaw Bullard Herndon Nees De WolfShields McKinley Belmont California Jensen North Kings Canyon AshlanPeachBehymer Copper Shepherd NeesBlackstoneFirstCedarChestnutGarfieldBryanPolkBlytheValentineVan NessFruitMaroaFresnoMillbrookMapleWillowDakota Clinton Olive Gettysburg Barstow Sierra Alluvial Nielsen Kearney Muscat Annadale Church WillowMinnewawaMalaga OrangeBryanSunnysideArmstrongLocanFigCherryHughesFruitPolkValentineBlytheAlluvial Sierra Barstow Perrin SunnysideArmstrongLocanClinton Olive Tulare Butler Church Annadale DakotaMinnewawaInternational Teague Blackstone Transit Oriented Development Project N 0 1.5 30.75 Miles Project ID: PW00926Council District: 1,7 Blackstone Transit Oriented Development Projectfrom Hedges to Cambridge VICINITY MAP DEPARTMENT OFPUBLIC WORKS District 1 District 7 City_Limits X 6/9/2023 DPW 23.0/01-06-12 DPW NO FED DIV I.pdf 1.18 rev. 04-21 CONTRACT CITY OF FRESNO, CALIFORNIA PUBLIC WORK OF IMPROVEMENT THIS CONTRACT is made and entered into by and between CITY OF FRESNO, a California municipal corporation (City), and [Contractor Name], [Legal Identity] (Contractor) as follows: 1. Contract Documents. The “Notice Inviting Bids,” “Instructions to Bidders,” “Bid Proposal,” and the “Specifications” including “General Conditions,” “Special Conditions,” and “Technical Specifications” for the following: [Title] (Bid File No. [Bid File No.]) [Alternates (if any)] copies of which are annexed hereto, together with all the drawings, plans, and documents specifically referred to in said annexed documents, including Performance and Payment Bonds, if required, and are hereby incorporated into and made a part of this Contract, and shall be known as the Contract Documents. 2. Price and Work. For the monetary consideration of [Written Dollar Amount] dollars and [Written Cents Amount] cents ($[Amount]), as set forth in the Bid Proposal, Contractor promises and agrees to perform or cause to be performed, in a good and workmanlike manner, under the direction and to the satisfaction of the City’s “Engineer,” and in strict accordance with the Specifications, all of the work as set forth in the Contract Documents. 3. Payment. City accepts Contractor’s Bid Proposal as stated and agrees to pay the consideration stated, at the times, in the amounts, and under the conditions specified in the Contract Documents. 4. Indemnification. To the furthest extent allowed by law including California Civil Code Section 2782, Contractor shall indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including, but not limited to personal injury, death at any time and property damage) incurred by City, Contractor or any other person, and from any and all claims, demands and actions in law or equity (including attorney’s fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of performance of this Contract. Contractor’s obligations under the preceding sentence shall apply regardless of whether City or any of its officers, officials, employees, agents or volunteers are passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused by the active or sole negligence, or willful misconduct, of City or any of its officers, officials, employees, agents or volunteers. If Contractor should subcontract all or any portion of the work to be performed under this Contract, Contractor shall require each subcontractor to indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers in accordance with the terms of the preceding paragraph. This section shall survive termination or expiration of this Contract. 5. Trench Shoring Detailed Plan. Contractor acknowledges the provisions of Section 6705 of the California Labor Code and, if said provisions are applicable to this Contract, agrees to comply therewith. 6. Worker’s Compensation Certification. In compliance with the provisions of Section 1861 of the California Labor Code, Contractor hereby certifies as follows: I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for worker’s compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this Contract and will make my subcontractors aware of this provision. [Signatures follow on the next page.] DPW 23.0/01-06-12 DPW NO FED DIV I.pdf 1.19 rev. 04-21 IN WITNESS WHEREOF, the parties have executed this Contract on the day and year here below written, of which the date of execution by City shall be subsequent to that of Contractor’s, and this Contract shall be binding and effective upon execution by both parties. [Contractor Name], [Legal Identity] By: Name: (Type or print written signature.) Title: (If corporation or LLC, Board Chair, Pres. or Vice Pres.) Dated: By: Name: (Type or print written signature.) Title: (If corporation or LLC, CFO, Treasurer, Secretary or Assistant Secretary) Dated: CITY OF FRESNO, a California municipal corporation By: [Name], [Title] Department of Public Works Dated: ATTEST: 72''67(50(5&0& City Clerk By: Deputy No signature of City Attorney required. Standard Document #DPW 23.0 has been used without modification as certified by the undersigned. By: [City Certifier Name] [City Certifier Title] Department of Public Works City address: City of Fresno Attention: [Name], [Title] [Street Address] Fresno, CA [Zip] City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-946 Agenda Date:6/22/2023 Agenda #: 1.-M. REPORT TO THE CITY COUNCIL FROM:SCOTT L. MOZIER, PE, Director Public Works Department JENNIFER K. CLARK, AICP, HDFP, Director Planning and Development Department BY:RANDALL W. MORRISON, PE, Assistant Director Public Works Department, Engineering Division HARLAVPREET S. BRAR, PE, Professional Engineer Public Works Department, Site Development Project Management Section SUBJECT Actions pertaining to the Garage 9 Remodel Project (Council District 3) 1. Affirm the City Manager’s finding that Temple-Andersen-Moore (TAM) Architects, LLP is uniquely qualified 2. Approve an agreement for professional architectural and engineering services with Temple- Andersen-Moore (TAM) Architects, LLP of Fresno, California in the amount of $196,400.00 with a contingency amount not to exceed $40,000.00, for the design and construction support services for the Garage 9 Remodel Project RECOMMENDATION Staff recommends City Council approve a consultant services agreement with TAM Architects of Fresno, California in the amount of $196,400.00, with a $40,000 contingency, for the design and preparation of construction documents for the Garage 9 Remodel Project and authorize the Public Works Director or designee to execute the agreement on behalf of the City of Fresno. EXECUTIVE SUMMARY The City of Fresno Planning & Development Department proposes to remodel the existing project site located at 1241 Van Ness Avenue, Fresno, California. The scope of work includes upgrading the existing site to “move-in-ready” building space to accommodate offices, cubicles, reception area, conference room, staff lounge, storage, and rest rooms. The project site shall be used to relocate the staff from Community Development, Housing Production, Housing Finance, Homeless Assistance Response Team (HART), and Homeless Division under Planning & Development. The contract for professional engineering design services will be funded with American Rescue Plan City of Fresno Printed on 6/29/2023Page 1 of 3 powered by Legistar™ 6/22/2023 NE/AP 6-0 LC ABSENT APPROVED ON CONSENT File #:ID 23-946 Agenda Date:6/22/2023 Agenda #: 1.-M. The contract for professional engineering design services will be funded with American Rescue Plan Act (ARPA)dollars,and revenue generated through the City’s Homekey developments.Council approval of the consultant agreement is recommended to facilitate development of plans,cost estimates, and general construction contract documents necessary to complete the project. BACKGROUND The Planning &Development Department aims to use ARPA and revenue generated through the City’s Homekey developments to remodel the existing project site located at 1241 Van Ness Avenue. On May 4,2020,staff published a Request for Qualifications inviting consultants to submit for services on an “as needed”or “on call”basis for Facilities Management Division projects.On June 6, 2020,TAM Architects,LLP was selected as an “as needed”or “on call”Architectural Firm for a three- year period.On November 16,2022,the City of Fresno entered into an agreement with TAM Architects to analyze the existing conditions of the building and prepare a conceptual plan for the project site.Based on the conceptual plans developed by TAM Architects and approved by the City, the City of Fresno’s Planning &Development Staff plan to proceed with the preparation of construction documents under this contract agreement.TAM Architects are intimately knowledgeable of the project site and existing building infrastructure.TAM Architects is uniquely qualified to fully develop the conceptual site plan into working construction documents for the Garage 9 Remodel Project. Staff recommends City Council approval of the proposed agreement with TAM Architects in the amount of $196,400,with a $40,000 contingency,for the design and preparation of construction documents for the Garage 9 Remodel Project and authorize the Public Works Director or designee to execute the Agreement on behalf of the City. The City Attorney’s Office has reviewed and approved the proposed agreement as to form. ENVIRONMENTAL FINDINGS A consultant agreement for the design of plans and cost estimates is not a “project”pursuant to California Environmental Quality Act (CEQA) Guidelines § 15378. LOCAL PREFERENCE TAM Architects is a local business, as defined by the Fresno Municipal Code. FISCAL IMPACT The proposed project is in Council District 3.The Garage 9 Remodel Project is funded with ARPA appropriations and revenue generated through the City’s Homekey development projects included in the FY23 and FY24 Annual Appropriations Resolution. Attachment(s): Uniquely Qualified Memo Consultant Agreement Vicinity Map City of Fresno Printed on 6/29/2023Page 2 of 3 powered by Legistar™ File #:ID 23-946 Agenda Date:6/22/2023 Agenda #: 1.-M. Location Map City of Fresno Printed on 6/29/2023Page 3 of 3 powered by Legistar™ DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Page 1 of 30 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 Temple-Andersen-Moore Architects, a California Limited Liability Partnership (Consultant). RECITALS WHEREAS, the City desires to obtain professional architectural and engineering services for the design of plans and general construction contract documents for Garage 9 Remodel (Project); and WHEREAS, the Consultant is engaged in the business of furnishing services as a a licensed architect 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 Public Works Department Director (Director) or designee. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and of the covenants, conditions, and promises hereinafter contained to be kept and performed by the respective parties, it is mutually agreed as follows: 1. Scope of Services. The Consultant shall perform the services described herein and in Exhibit A to complete the Project more fully described in Exhibit A, and this shall include all work incidental to, or necessary to perform, such services even though not specifically described in Exhibit A. The services of the Consultant shall consist of five Parts as described below. A separate Notice to Proceed will be issued for each of the aforementioned Parts. By entry into this Agreement and upon the City’s issuance of a written "Notice to Proceed," the City contracts for the services in Part One. The Consultant shall not perform any other Part of the Agreement, and this Agreement shall not be a contract for any other Part, until further performance is authorized by the City’s issuance of a written “Notice to Proceed.” It shall, however, remain the Consultant’s offer to perform all remaining parts described herein. In the event the Consultant performs services without the City’s prior written authorization, the Consultant will not be entitled to compensation for such services. (a) Part One. Schematic Design Phase. (1) The Consultant shall review the description of the Project set forth in Exhibit A and consult with designated representatives of the City to ascertain the requirements of the Project. (2) The Consultant shall conduct studies and investigations as DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Page 2 of 30 necessary to confirm requirements of design including, but not limited to, (i) consulting with the various utility agencies, and (ii) obtaining all information and data from the respective responsible City department/division that is available in the City’s records and is required by the Consultant in connection with the consulting services including, but not limited to, maps, surveys, reports, information, restrictions, and easements. The Consultant shall notify the City if a topographic survey is required. (3) The Consultant shall provide a preliminary evaluation of the Project taking into consideration the City’s estimate of the cost of construction (Construction Budget) of Two Million and Five Hundred Thousand Dollars ($2,500,000.00), including alternative approaches to design and construction of the Project. (4) Based upon the mutually agreed upon Project requirements and any adjustments authorized by the City in the Construction Budget, the Consultant shall design and prepare schematic design drawings and other documents for review, modification, if required, and acceptance by the City staff sufficient to show the concept and scope of the proposed Project and the scale and relationship of Project components. (5) The Consultant shall submit a preliminary estimate of construction cost for review and acceptance by the City. As used herein, "construction cost" means the cost of construction under the general construction contract and does not include The Consultant’s compensation as herein provided. Such estimate shall include, and shall separately state, the cost of any add or deduct alternatives, the cost of any work which may be let on a segregated bid basis and any equipment or fixtures which may be incorporated in or excluded from the general construction contract as may be necessary to stay within the Construction Budget. (6) The Consultant shall make as many submittals as may be necessary or desirable to obtain the acceptance by the City and shall assist the City in applying for and obtaining from applicable public agencies any approval permit, or waiver required by law, which assistance shall include, but not be limited to, making Project information available to the City. (7) The Consultant may not rely upon any as-builts provided by the City but shall investigate the existing conditions and ascertain the adequacy of such as-builts for the Consultant’s design. The Consultant shall bring to the City’s attention any discrepancies in the as-builts that are discovered by the Consultant. The City makes no representations regarding any as-builts. (8) Services shall be undertaken and completed in a sequence assuring expeditious completion. All services shall be rendered, and deliverables submitted within Zero (0) calendar days from the issuance of a Notice to Proceed for this Part unless an extension of time is approved in writing by the Director. Re- submittals, as necessary to obtain the acceptance by the City, shall be submitted to the City within Zero (0) calendar days from receipt of the City’s comments unless an extension of time is approved in writing by the Director. DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Page 3 of 30 (b) Part Two. Design Development Phase. After review and acceptance of the schematic design phase and issuance of a written Notice to Proceed with this Part Two: (1) Based upon the accepted schematic design documents and the Construction Budget, including authorized revisions thereto, the Consultant shall prepare for review and acceptance by the City the design development documents consisting of drawings and other documents to fix and describe the size and character of the Project as necessary to show treatment of significant details. In addition, the Consultant shall provide outline specifications of the work as to kinds of materials, systems, and other such design elements as may be required. Such design development documents and specifications shall be subject to review and acceptance by the City. (2) The Consultant shall submit a revised estimate of construction cost for review and acceptance by the City. The revised estimate shall include, but shall separately state, the cost of any add or deduct alternates, any work which may be let on a segregated bid basis, and any furnishings, equipment or fixtures which may be incorporated in or excluded from the general construction contract as may be necessary to stay within the Construction Budget, including authorized revisions thereto. (3) In the event that the revised estimate of construction cost exceeds the preliminary estimate of construction cost previously accepted, excluding therefrom any add alternate, any work which may be let on a segregated bid basis and any furnishing, equipment or fixtures which was identified in Part 1 as that which may be excluded from the general construction contract, the City shall have the option of accepting or rejecting the revised estimate and the Consultant shall, at no additional cost to the City, make such design changes as may be necessary to reduce the revised estimate so that it shall not exceed the preliminary estimate of construction cost previously accepted by the City. The City shall not increase the scope of the Project except by modification of this Agreement which shall include an agreed upon increase in the Consultant’s compensation. (4) The Consultant shall make as many submittals as may be necessary or desirable to obtain the acceptance by the City and shall assist the City in applying for and obtaining from applicable public agencies any approval, permit, or waiver required by law, which assistance shall include, but not be limited to, making Project information available to the City.Services shall be undertaken and completed in a sequence assuring expeditious completion. All services shall be rendered, and deliverables submitted within twenty-eight (28) calendar days from the issuance of a Notice to Proceed for this Part unless an extension of time is approved in writing by the Director. Re-submittals, as necessary to obtain the acceptance by the City, shall be submitted to the City within seven (7) calendar days from receipt of the City’s comments unless an extension of time is approved in writing by the Director. (c) Part Three. Construction Document Phase. After review and acceptance of the design development phase and issuance of a written Notice to Proceed DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Page 4 of 30 with this Part Three: (1) The Consultant shall prepare from the accepted design development documents, detailed plans and specifications setting forth the complete work to be done, and the materials, workmanship, finishes and equipment, fixtures, and site work required. The Consultant shall also prepare necessary bidding information, general and special conditions of the general construction contract, technical specifications of the general construction contract, and the bid proposal and general construction contract forms. Such documents shall be subject to the review and acceptance by the City. The Consultant shall cooperate with, assist and be responsive to Purchasing Manager in preparation of all documents including, without limitation, slip-sheeting final documents for printing when requested. The City’s Standard Specifications must be used by the Consultant where possible. Final drawings shall be drawn, printed, or reproduced by a process providing a permanent record in black on vellum, tracing cloth, polyester base film, or high-quality bond copy. Bid, general conditions, contract and bond document forms or formats regularly used by the City shall be used by the Consultant unless the Director determines they would be impractical for this Project. the Consultant shall be responsible for assuring that the special conditions, technical specifications, and any other documents prepared by the Consultant are consistent with any documents regularly used by the City that are used for this Project. (2) Upon request of the City, the Consultant shall provide the calculations used to determine the general construction contract quantities; and structural calculations for the purpose of obtaining any building permits. (3) The Consultant shall make as many submittals as may be necessary or desirable to obtain the acceptance by the City and shall assist the City in applying for and obtaining from applicable public agencies any approval, permit, report, statement, or waiver required by law, which assistance shall include, but not be limited to, making Project information available to the City. (4) The Consultant shall provide the City with two (2) sets of completed plans and two (2) sets of completed specifications for review and final acceptance by the City. Should the plans and specifications as submitted by the Consultant not be accepted by the City, the Consultant shall revise the plans and specifications as needed to obtain final acceptance at no additional cost to the City. (5) After acceptance of final corrections, if any, the Consultant shall provide the City with one set of accepted reproducible tracings and bid documents for the Project. In addition, the Consultant shall provide the City with one complete set of CAD/System disk files of drawings and complete disk files of specifications in the following format: .DWG. (6) The Consultant shall submit a final estimate of construction cost for review and acceptance by the City. Such estimate shall be calculated as of the date all general construction contract documents are delivered to the City in final form ready for reproduction and advertising. Such estimate shall include, but DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Page 5 of 30 shall separately state, the cost of any add or deduct alternates, any work which may be let on a segregated basis, and any equipment, or fixtures which may be incorporated in or excluded from the general construction contract. (7) In the event that the final estimate of construction cost exceeds the revised estimate of construction cost previously accepted, excluding therefrom any add alternate, any work which may be let on a segregated bid basis and any furnishings, equipment or fixtures which was identified in the final revised estimate in Part 2 as that which may be excluded from the general construction contract, the City shall have the option of accepting or rejecting the final estimate. If the City elects to reject the final estimate, the Consultant shall at no additional cost to the City, make such design changes as may be necessary to reduce the final estimate so that it shall not exceed the revised estimate of construction cost previously accepted by the City. (8) Services shall be undertaken and completed in a sequence assuring expeditious completion. All services shall be rendered, and deliverables submitted within twenty-eight (28) calendar days from the issuance of a Notice to Proceed for this Part unless an extension of time is approved in writing by the Director. Re-submittals, as necessary to obtain the acceptance by the City, shall be submitted to the City within seven (7) calendar days from receipt of the City’s comments unless an extension of time is approved in writing by the Director. (d) Part Four. Bidding Phase. After review and acceptance of the construction document phase and if the City elects to proceed to bid, which shall constitute a written Notice to Proceed with this Part Four: (1) The Consultant shall assist the City in obtaining bids. The Consultant shall not communicate with potential bidders regarding this Project without the express prior written authorization of the City’s Purchasing Manager. (2) The Consultant shall, within 7 calendar days of any request by the City, expeditiously draft and promptly provide addendum as determined by the City to be reasonable or necessary for the bidding process. (3) If the lowest responsible bid received for the general construction contract exceeds by 10% or more the final estimate of construction cost previously accepted by the City, excluding therefrom any add alternate, any work which may be let on a segregated bid basis and any furnishings, equipment or fixtures which are excluded from the general construction contract, the Consultant shall, within 14 calendar days of any request by the City, revise the plans and specifications as may be necessary to stay within 10% of such final estimate of construction cost, at no additional cost to the City provided such bid is received within 180 calendar days after completion of services in Section 1(c) of this Agreement. The Consultant shall also submit such revised plans and specifications, together with a new final estimate of construction cost, to the City for review and acceptance. This procedure, using the latest accepted final estimate of construction cost, shall, upon written notice to the Consultant from the Director, be repeated until an acceptable bid is received that does not exceed the accepted final estimate of construction cost by more than 10%. DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Page 6 of 30 (e) Part Five. Construction Phase and General Construction Contract Administration. The construction phase will begin with the award of the general construction contract, which shall constitute a written Notice to Proceed with this Part Five and will terminate when a Notice of Completion is filed. Upon award of a general construction contract for the Project and under the direction of the Director through the City’s designated Construction Manager for the Project: (1) The Consultant shall attend the pre-construction conference and, if called upon by the City, act on the City’s behalf in discussing the various aspects of the construction phase. (2) The Consultant shall review and recommend in writing to the City acceptance or non-acceptance of shop drawings, equipment and material submittals of the general construction contractor as required by the general construction contract and applicable laws and regulations in a timely manner. The period for the Consultant review shall be as specified in the general construction contract, except if such period is not so specified, the period shall be as determined in the pre-construction conference as mutually agreed upon by the City, the Consultant, and the general construction contractor. (3) The Consultant shall, at intervals appropriate to the state of construction, familiarize itself with the progress and quality of the work and determine in general if the work is proceeding in accordance with the general construction contract documents, and keep the City informed of the progress of the work. In the event that the Consultant’s visit to the site results in the discovery of any defect or deficiencies in the work of the general construction contractor, the Consultant shall immediately advise the City and document, in writing, the work the Consultant deems substandard, and make recommendations where appropriate to reject any work not conforming to the intended design or specifications. Based on the Consultant’s best knowledge, information and belief, the Consultant shall provide the City a general written assurance that the work covered by a payment application meets the standards in the general construction contract. As to technical aspects, the Consultant shall provide a written judgment of the acceptability of the work for payment applications and final acceptance, subject to the City’s right to overrule the Consultant. (4) Upon written request by the City, the Consultant shall render interpretations of the general construction contract documents necessary for the proper execution or progress of the work. (5) Upon written request by the City, the Consultant shall render written recommendations on change orders, claims, disputes, or other questions arising out of the general construction contract, in a timely manner. Recommendations by the Consultant in favor of a change order that is consequently accepted by the City shall constitute approval by the Consultant who shall then approve the change order in writing. The Consultant shall not unreasonably withhold written approval in the event the City accepts a change order that the Consultant recommended to be rejected. In the event of any technical disputes, the Consultant shall provide the City with the Consultant’s DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Page 7 of 30 written interpretation of the contract documents. The period for the Consultant review shall be as specified in the general construction contract, except if such period is not so specified, the period shall be as determined in the pre- construction conference as mutually agreed upon by the City, the Consultant, and the general construction contractor. If the City, the Consultant, and the respective general construction contractor are unable to mutually agree on such period for the Consultant review, then the City will make the determination and that determination will be final. (6) Upon written request by the City, the Consultant shall provide such design and specification services as may be requested by the City to implement change orders necessary for clarification or interpretation of the general construction contract documents or which may have resulted from errors or omissions by the Consultant. (7) Where change orders arise as a result of an increase in the scope of work or are due to unforeseeable conditions, the parties may modify this Agreement, which modification shall include an agreed upon increase in the Consultant’s compensation. (8) Upon written request of the City, the Consultant shall assist the City in the preparation of Progress Payment Estimates and other related construction reports. (9) The Consultant shall provide the City with two sets of original as-grade plans wet-stamped and signed by the Consultant’s Engineer of Record for the Project submitted for final approval by the City’s Building and Safety Services Division of the Development and Resource Management Department on all projects located outside the Right of Way. (10) the Consultant shall prepare Record Drawings by updating the accepted general construction documents in Part 3 to reflect all changes or deviations that occurred during construction as reflected on or from each of the following: (i) the general construction contractor provided red-lined plans, (ii) those furnished by the City, (iii) the Consultant provided Request for Information responses, and (iv) any the Consultant bulletins, amendments, or clarifications. The Consultant shall provide the City with one set of vellum Record Drawings for the Project within twenty-eight (28) calendar days from receipt of red-lined field markups unless an extension of time is approved in writing by the Director. Re- submittals, as necessary to obtain the acceptance by the City, shall be submitted to the City within twenty-one (21) calendar days from receipt of the City comments unless an extension of time is approved in writing by the Director. In addition, the Consultant shall provide the City with one complete set of CAD/System disk files of Record Drawings in the following format: .DWG. 2. The City’s responsibilities. The City will: (a) Provide, upon request and cooperation of the Consultant, access to, and make all provisions necessary to, enter upon public or private lands as required for the Consultant to perform such services and inspections as are required in development DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Page 8 of 30 of the Project; provided, however, if the City is unable to obtain access to enter upon public or private lands, the Consultant shall not be relieved from performing its services as to those public and private lands that are accessible. If the Consultant notifies the City that a topographic survey is required by the Consultant in connection with the consulting services, then the City will be responsible for conducting the topographic survey. (b) Manage and be responsible for all negotiations with owners in connection with land or easement acquisition and provide all required title reports and appraisals. (c) With the exception of preparing correspondence required for design, hold all required special meetings, serve all public and private notices, receive and act upon all protests, and perform all services customarily performed by owners as are necessary for the orderly progress of the work and the successful completion of the Project, and pay all costs incidental thereto. (d) Select the testing laboratory and pay the cost of borings, samplings, and other work involved in soils testing during construction. (e) Conduct onsite inspection during construction to check quality and quantity of work as conditions warrant and be responsible for assuring that the general construction contractor carries out all construction work in accordance with the plans and specifications. However, this does not release the Consultant from its responsibility to make periodic site visits under Section 1(e) for the purpose of observing the work to determine its general conformity with the plans and specifications and reporting its findings to the City. (f) Prepare all change orders during construction in cooperation with the Consultant. (g) Prepare all Progress Payment Estimates in cooperation with the Consultant following its general assurance that the work covered by a payment application meets the standards in the general construction contract documents based upon the Consultant’s best knowledge, information, and belief. (h) Pay, or cause to be paid, plan check fees, conditional use permit fees and site plan review fees. (i) Arrange for and pay, or cause to be paid, any fees associated with Environmental Impact Reports or Statements. (j) Give reasonably prompt consideration to all matters submitted by the Consultant for acceptance to the end that there will be no substantial delays in the Consultant’s program of work. For an acceptance, approval, authorization, a request, or any direction to the Consultant to be binding upon the City under the terms of this Agreement, such acceptance, approval, authorization, request, or direction must be in writing, duly authorized by the City and signed on behalf of the City by the Director. 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 One Hundred Ninety Six Thousand Four Hundred Dollars ($ 196,400.00), and a contingency DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Page 9 of 30 amount not to exceed Forty Thousand Dollars ($40,000.00) for any additional work rendered pursuant to Subsection (d) below and authorized in writing by the Director. Such fees include all expenses incurred by the Consultant in performance of such services. (b) Detailed statements shall be rendered monthly and will be payable in the normal course of City business. Such statements shall be for an amount no greater than that attributable to the Part upon which the Consultant is then engaged as provided in Section 3(c) below. (c) For purposes of determining the division of the total compensation to the Consultant as provided in Section 3(a) above, or should performance of any succeeding Part not be authorized by the City as provided in Section 1 of this Agreement, it is agreed that the total compensation shall be allocated to the five Parts of the Consultant’s performance as follows: Part 1 – Zero (0%), Part 2 – Thirty Four (34%)], Part 3 – Thirty Nine (39%)], Part 4 - Five (5%)] and Part 5 - Twenty Two (22%)]. Prior to the award of a general construction contract for the Project, or should such contract not be awarded, the approved Parts as provided above shall be utilized for purposes of determining the fee due to the Consultant. (d) The parties may modify this Agreement to increase or decrease the scope of services or provide for the rendition of services not required by this Agreement, which modification shall include an adjustment to the Consultant’s compensation. Any change in the scope of services must be made by written amendment to the Agreement signed by an authorized representative for each party. The Consultant shall not be entitled to any additional compensation if services are performed prior to a signed written amendment. Subsequent to the date of completion of Part Three, changes due to Code revisions or enactments adopted after such date shall constitute additional work subject to this Section 3(d). 4. Termination, Remedies, Force Majeure, and Consolidation of Disputes. (a) This Agreement shall terminate without any liability of the City to the Consultant upon the earlier of: (i) the Consultant’s filing for protection under the federal bankruptcy laws, or any bankruptcy petition or petition for receiver commenced by a third party against the Consultant; (ii) seven calendar days prior written notice with or without cause by the City to the Consultant; (iii) the City’s non-appropriation of funds sufficient to meet its obligations hereunder during any City fiscal year of this Agreement, or insufficient funding for the Project; or (iv) expiration of this Agreement. (b) Immediately upon any termination or expiration of this Agreement, the Consultant shall: (i) immediately stop all work hereunder; (ii) immediately cause any and all of its subcontractors to cease work; and (iii) return to the City any and all unearned payments and all properties and materials in the possession of the Consultant that are owned by the City. Subject to the terms of this Agreement, the Consultant shall be paid 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 DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Page 10 of 30 withhold an amount that would otherwise be payable as an offset to, but not in excess of, the City’s damages caused by such failure. In no event shall any payment by the City pursuant to this Agreement constitute a waiver by the City of any breach of this Agreement which may then exist on the part of the Consultant, nor shall such payment impair or prejudice any remedy available to the City with respect to the breach. (d) Upon any breach of this Agreement by the Consultant, the City may: (i) exercise any right, remedy (in contract, law, or equity), or privilege which may be available to it under applicable laws of the State of California or any other applicable law; (ii) proceed by appropriate court action to enforce the terms of the Agreement; and/or (iii) recover all direct, indirect, consequential, economic, and incidental damages for the breach of the Agreement. If it is determined that the City improperly terminated this Agreement for default, such termination shall be deemed a termination for convenience. (e) The Consultant shall provide the City with adequate written assurances of future performance, upon the request of the Director or designee, in the event the Consultant fails to comply with any terms or conditions of this Agreement. (f) The Consultant shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Consultant and without its fault or negligence such as, acts of God or the public enemy, acts of the City in its contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Consultant shall notify the Director or designee in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, and shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Director or designee of the cessation of such occurrence. (g) the Consultant agrees that, notwithstanding any contrary provision in this Agreement, any dispute arising from or relating to this Agreement (including, without limitation, disputes based on contract, tort, equity, or statute) may, at the City’s option, be joined and consolidated with any other dispute or disputes arising from or relating to the Project so that all disputes arising from or relating to the Project may be resolved in a single proceeding. the Consultant hereby specifically waives any objection it may otherwise have to such joinder and consolidation and specifically consents to mediation, arbitration or any other dispute resolution mechanism, forum or proceeding necessary to effectuate the joinder and consolidation contemplated by this provision. 5. Confidential Information, Ownership of Documents and Copyright License. (a) Any reports, information, or other data prepared or assembled by the Consultant pursuant to this Agreement shall not be made available to any individual or organization by the Consultant without the prior written approval of the City. During the 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. DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Page 11 of 30 All Confidential Information shall be and remain confidential and proprietary in the City. (b) Any and all original sketches, pencil tracings of working drawings, plans, computations, specifications, computer disk files, writings and other documents prepared or provided by the Consultant pursuant to this Agreement are the property of the City at the time of preparation and shall be turned over to the City upon expiration or termination of the Agreement or default by the Consultant. The Consultant grants the City a copyright license to use such drawings and writings. The Consultant shall not permit the reproduction or use thereof by any other person except as otherwise expressly provided herein. The City may modify the design including any drawings or writings. Any use by the City of the aforesaid sketches, tracings, plans, computations, specifications, computer disk files, writings, and other documents in completed form as to other projects or extensions of this Project, or in uncompleted form, without specific written verification by the Consultant will be at the City’s sole risk and without liability or legal exposure to the Consultant. The Consultant may keep a copy of all drawings and specifications for its sole and exclusive use. (c) If the Consultant should subcontract all or any portion of the services to be performed under this Agreement, the Consultant shall cause each subcontractor to also comply with the requirements of this Section 5. (d) This Section 5 shall survive expiration or termination of this Agreement. 6. Professional Skill. It is further mutually understood and agreed by and between the parties hereto that inasmuch as the Consultant represents to the City that the Consultant and its subcontractors, if any, are skilled in the profession and shall perform in accordance with the standards of said profession necessary to perform the services agreed to be done by it under this Agreement, the City relies upon the skill of the Consultant and any subcontractors to do and perform such services in a skillful manner and the Consultant agrees to thus perform the services and require the same of any subcontractors. Therefore, any acceptance of such services by the City shall not operate as a release of the Consultant or any subcontractors from said professional standards. 7. Indemnification. To the furthest extent allowed by law, including California Civil Code section 2782.8 the Consultant shall indemnify, hold harmless and defend the City and each of its officers, officials, employees, agents, and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage), and from any and all claims, demands and actions in law or equity (including reasonable attorney’s fees, litigation expenses and cost 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 DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Page 12 of 30 harmless and defend the City and each of its officers, officials, employees, agents, and volunteers in accordance with the terms of the preceding paragraph. This section shall survive termination or expiration of this Agreement. 8. Insurance. (a) Throughout the life of this Agreement, the Consultant shall pay for and maintain in full force and effect all insurance as required in Exhibit B, which is incorporated into and part of this Agreement, with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated no less than “A-VII” in the Best’s Insurance Rating Guide, or (ii) as may be authorized in writing by the City’s Risk Manager or designee at any time and in its sole discretion. The required policies of insurance as stated in Exhibit B shall maintain limits of liability of not less than those amounts stated therein. However, the insurance limits available to the City, its officers, officials, employees, agents, and volunteers as additional insureds, shall be the greater of the minimum limits specified therein or the full limit of any insurance proceeds to the named insured. (b) If at any time during the life of the Agreement or any extension, the Consultant or any of its subcontractors/sub-consultants fail to maintain any required insurance in full force and effect, all services and work under this Agreement shall be discontinued immediately, and all payments due or that become due to the Consultant shall be withheld until notice is received by the City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to the City. Any failure to maintain the required insurance shall be sufficient cause for the City to terminate this Agreement. No action taken by the City pursuant to this section shall in any way relieve the Consultant of its responsibilities under this Agreement. The phrase “fail to maintain any required insurance” shall include, without limitation, notification received by the City that an insurer has commenced proceedings, or has had proceedings commenced against it, indicating that the insurer is insolvent. (c) The fact that insurance is obtained by the Consultant shall not be deemed to release or diminish the liability of the Consultant, including, without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify the City shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of the Consultant, its principals, officers, agents, employees, persons under the supervision of the Consultant, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them. (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 DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Page 13 of 30 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 the City council, commission, board, committee, or similar City body. This requirement may be waived in writing by the City Manager, if no actual or potential conflict is involved. (d) The Consultant represents and warrants that it has not paid or agreed to pay any compensation, contingent or otherwise, direct, or indirect, to solicit or procure this Agreement or any rights/benefits hereunder. (e) Neither the Consultant, nor any of the Consultant’s subcontractors performing any services on this Project, shall bid for, assist anyone in the preparation of a bid for, or perform any services pursuant to, any other contract in connection with this Project. the Consultant and any of its subcontractors shall have no interest, direct or indirect, in any other contract with a third party in connection with this Project unless such interest is in accordance with all applicable law and fully disclosed to and approved by the City Manager, in advance and in writing. (f) If the Consultant should subcontract all or any portion of the work to be performed or services to be provided under this Agreement, the Consultant shall DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Page 14 of 30 include the provisions of this Section 9 in each subcontract and require its subcontractors to comply therewith. (g) This Section 9 shall survive expiration or termination of this Agreement. 10. Recycling Program. In the event the Consultant maintains an office or operates a facility(ies), or is required herein to maintain or operate same, within the incorporated limits of the City of Fresno, the Consultant at its sole cost and expense shall: (a) Immediately establish and maintain a viable and ongoing recycling program, approved by the City’s Solid Waste Management Division, for each office and facility. Literature describing the City recycling programs is available from the City’s Solid Waste Management Division and by calling City of Fresno Recycling Hotline at (559) 621- 1111. (b) Immediately contact the City’s Solid Waste Management Division at (559) 621-1452 and schedule a free waste audit and cooperate with such Division in their conduct of the audit for each office and facility. (c) Cooperate with and demonstrate to the satisfaction of the City’s Solid Waste Management Division the establishment of the recycling program in paragraph (a) above and the ongoing maintenance thereof. 11. General Terms. (a) Except as otherwise provided by law, all notices expressly required of the City within the body of this Agreement, and not otherwise specifically 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 DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Page 15 of 30 City that subcontractor is licensed to perform the services called for by this Agreement (or that no license is required) before beginning work. (d) The Consultant’s services pursuant to this Agreement shall be provided under the supervision of Rodney V. Andreasen, and he/she shall not assign another to supervise the Consultant’s performance of this Agreement without the prior written approval of the Director. 12. Nondiscrimination. To the extent required by controlling federal, state, and local law, the Consultant shall not employ discriminatory practices in the provision of services, employment of personnel, or in any other respect on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Subject to the foregoing and during the performance of this Agreement, the Consultant agrees as follows: (a) The Consultant will comply with all applicable laws and regulations providing that no person shall, on the grounds of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity made possible by or resulting from this Agreement. (b) The Consultant will not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. The Consultant shall ensure that applicants are employed, and the employees are treated during employment, without regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Such requirement shall apply to the Consultant’s employment practices including, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. the Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provision of this nondiscrimination clause. (c) The Consultant will, in all solicitations or advertisements for employees placed by or on behalf of the Consultant in pursuit hereof, state that all qualified applicants will receive consideration for employment without regard to race, religious creed, color, national origin, ancestry, physical disability, mental disability, 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 DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Page 16 of 30 understanding, a notice advising such labor union or workers’ representatives of the Consultant’s commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (e) If the Consultant should subcontract all or any portion of the services to be performed under this Agreement, the Consultant shall cause each subcontractor to also comply with the requirements of this Section 12. 13. Independent Contractor. (a) In the furnishing of the services provided for herein, the Consultant is acting solely as an independent contractor. Neither the Consultant, nor any of its officers, agents, or employees shall be deemed an officer, agent, employee, joint venturer, partner or associate of the City for any purpose. The City shall have no right to control or supervise or direct the manner or method by which the Consultant shall perform its work and functions. However, the City shall retain the right to administer this Agreement so as to verify that the Consultant is performing its obligations in accordance with the terms and conditions thereof. (b) This Agreement does not evidence a partnership or joint venture between the Consultant and the City. The Consultant shall have no authority to bind the City absent the City’s express written consent. Except to the extent otherwise provided in this Agreement, the Consultant shall bear its own costs and expenses in pursuit thereof. (c) Because of its status as an independent contractor, the Consultant and its officers, agents, and employees shall have absolutely no right to employment rights and benefits available to the City employees. The Consultant shall be solely liable and responsible for all payroll and tax withholding and for providing to, or on behalf of, its employees all employee benefits including, without limitation, health, welfare, and retirement benefits. In addition, together with its other obligations under this Agreement, the Consultant shall be solely responsible, indemnify, defend and save the City harmless from all matters relating to employment and tax withholding for and payment of the Consultant’s employees, including, without limitation, (i) compliance with Social Security and unemployment insurance withholding, payment of workers’ compensation benefits, and all other laws and regulations governing matters of employee withholding, taxes and payment; and (ii) any claim of right or interest in the City employment benefits, entitlements, programs and/or funds offered employees of the City whether arising by reason of any common law, de facto, leased, or co-employee rights or other theory. It is acknowledged that during the term of this Agreement, the Consultant may be providing services to others unrelated to the City or to this Agreement. 14. Notices. Any notice required or intended to be given to either party under the terms of this Agreement shall be in writing and shall be deemed to be duly given if delivered personally, transmitted by facsimile followed by telephone confirmation of receipt, or sent by United States registered or certified mail, with postage prepaid, return receipt requested, addressed to the party to which notice is to be given at the party’s address set forth on the signature page of this Agreement or at such other address as the parties may from time to time designate by written notice. Notices served by United States mail in the DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Page 17 of 30 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. DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Page 18 of 30 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 DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Page 19 of 30 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.] DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Exhibit A Page 20 of 30 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: RANDALL W. MORRISON, PE, Assistant Director Public Works Department ATTEST: TODD STERMER, CMC City Clerk By: Deputy No signature of City Attorney required. Standard Document #DPW-S Eng. CSA, Long Form Total Fee – Contingency (11- 2022) has been used without modification, as certified by the undersigned. By: Harlavpreet S. Brar Professional Engineer REVIEWED BY: Temple-Andersen-Moore, a California Limited Liability Partnership 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: Francisco V. Magos, PE, MBA, QSD Public Works Department Addresses: CITY: City of Fresno Attention:Harlavpreet S. Brar, Professional Engineer 26oo Fresno Street, Room 4016 Fresno, CA 93721-3620 Phone: (559) 621-8616 E-mail: Harlavpreet.Brar@fresno.gov CONSULTANT: Temple-Andresen-Moore Architects, LLP Attention: Architect/AIA 6781 N. Palm Ave, Suite 120 Fresno, CA, 93704 Phone: (559) 435-4750 E-mail: randreasen@tamarchitects.com Rodney V. Andreasen DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Exhibit A Page 21 of 30 3. Exhibit C - Conflict of Interest Disclosure Form Attachments: 1. Exhibit A - Scope of Services 2. Exhibit B - Insurance Requirements DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Exhibit A Page 22 of 30 EXHIBIT A SCOPE OF SERVICES Consultant Service Agreement between City of Fresno (City) and Temple-Andresen-Moore Architects (Consultant) Garage 9 Remodel Project Scope of Work Garage 9 is located at 1241 Van Ness Avenue, Fresno, California, and the City of Fresno plans to upgrade the existing bank space to accommodate six (6) offices, forty-two (42) cubicles, reception area, conference room, staff lounge, storage, and rest rooms. The project site needs to be “move in ready” to relocate staff from Community Development, Housing Production, Housing Finance, Homeless Assistance Response Team (HART), and Homeless Divisions under Planning and Development. The CONSULTANT’s focus for the project will include finalizing the design based on the conceptual design approved by the City of Fresno. The project documentation will include design and construction schedule preparation, construction plans, specifications, and cost estimates at different phases, reviews including ADA/CASp and constructability. The CONSULTANT will submit necessary documents to the CITY and other relevant agencies for review and approval at appropriate stages. Scope of Services Part 1: Schematic Design Phase There is no scope of work proposed under Part 1. The conceptual design has been approved by the City of Fresno under a separate agreement. Part 2: Design Development Phase Based on the approved conceptual design and construction budget, the CONSULTANT will prepare plans, details of the accepted design, and other drawings as applicable in accordance with the local and State codes, standards, and specifications. Plans will be reviewed by the CONSULTANT’s Certified Accessibility Specialty (CASp) for ADA access requirements. The CONSULTANT will provide electrical design to support the proposed renovations to the Garage 9 including site investigation of existing electrical infrastructure, site plan design, lighting design, photometric analysis, single-line diagrams, energy compliance documents and calculations, specifications, and submittal review. The CONSULTANT will provide mechanical design to support the proposed renovations to the Garage 9 including site investigation of existing HVAC equipment, plumbing and DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Exhibit A Page 23 of 30 drainage and provide site plan design for any modifications required. The CONSULTANT will provide structural design services to provide structural calculations, plans, and book specifications in CSI format for construction of the structural elements of the project. The plans and calculations will be designed according to the force level provisions in the 2022 California Building Code. The structural sheets will include structural notes, typical details, structural details. The CONSULTANT will provide fire sprinkler design services to assess the existing fire sprinkler systems and provide recommendations and design plans to conform to the latest design provisions. The consultant will prepare CEQA Notice of Exemption (NOE) for the City’s transmittal to the State Clearing house or Fresno County Clerk, as determined necessary. Design Development documents will include the following: Title sheet and general notes Demolition Floor Plans (Basement, First Floor, Second Floor) Construction Plans (Basement, First Floor, Second Floor) HVAC Plans (if modifications needed) Electrical Plans Plumbing and Drainage Plans Structural Design Documents Fire Sprinkler Plans (if modifications needed) Specifications of the work as to kinds of materials, systems, and other such design elements as may be required Updated Estimates of Probable Construction Costs (EOPCC) using bid items and defined units Part 3: Construction Document Phase Based on the comments received on the Design Development documents from the CITY departments, the CONSULTANT shall prepare Construction Documents appropriate for use in bidding and construction of the proposed renovation. The CONSULTANT shall also complete a code check for conformance with 2022 California Building Code and ADA standards. Construction documents appropriate for use in bidding and constructing the proposed renovations include the following: Title sheet and general notes Demolition Floor Plans (Basement, First Floor, Second Floor) Construction Plans (Basement, First Floor, Second Floor) HVAC Plans (if modifications needed) Electrical Plans Plumbing and Drainage Plans DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Exhibit A Page 24 of 30 Structural Design Documents Fire Sprinkler Plans (if modifications needed) Material specifications and technical procedures, bid proposals and bid item descriptions Updated Estimates of Probable Construction Costs (EOPCC) using bid items and defined units. Submittal to the City of Fresno Building Department will occur when the plans are substantially ready for review, per their requirements. Part 4: Bidding Support Phase The CONSULTANT shall assist the CITY during project bidding phase by attending a pre- bid conference; assisting CITY in preparation of addenda; and assisting CITY in responding to contractors Requests for Information or Clarifications on the construction documents. Part 5: Construction and Contract Administration Phase The CONSULTANT shall assist the CITY during construction of the project by attending the preconstruction meeting; providing clarification, as requested, of construction documents and respond to contractor request for information (RFIs); reviewing material samples, shop drawings and product submittals; assisting with Change Orders; visiting the site at appropriate intervals to observe the workmanship is in substantial conformance with the construction documents; and preparing and submitting Record Drawings based on contractor and CITY redline markups. Following completion of the site improvements, the CONSULTANT shall prepare “As- built” plans and submit the plans to the CITY. Compensation of all services described above will be based on a percentage of the construction costs, as described in the attached Proposed Fee Budgets. Fees will be billed monthly in accordance with the work completed. Part 1: Schematic Design Phase (0%) $ 0.00 Part 2: Design Development Phase (34%) $ 65,800.00 Part 3: Construction Document Phase (39%) $ 76,600.00 Part 4: Bidding Support Phase (5%) Part 5: Construction Phase Services (22%) TOTAL PROFESSIONAL SERVICES FEE $ 196,400.00 $ 10,800.00 $ 43,200.00 DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Exhibit A Page 25 of 30 Schedule Time allotted for each phase is described in Agreement Section1 Scope of Services and is summarized below. Part 1: Schematic Design Phase (0%) 0 calendar days Part 2: Design Development Phase (34%) 28 calendar days Part 3: Construction Document Phase (39%) 28 calendar days Part 4: Bidding Support Phase (5%) No defined duration Part 5: Construction Phase Services (22%) No defined duration DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Exhibit B Page 26 of 30 EXHIBIT B INSURANCE REQUIREMENTS Consultant Service Agreement between City of Fresno (City) and Temple-Andersen-Moore Architects (Consultant) Garage 9 Remodel 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. DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Exhibit B Page 27 of 30 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 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 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 by use of ISO Form CG 20 10 11 85 or both CG 20 10 04 13 and CG 20 37 04 13 or by an executed manuscript insurance company endorsement DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Exhibit B Page 28 of 30 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, the Consultant’s insurance coverage shall be primary insurance with respect to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self- insurance maintained by the City, its officers, officials, employees, agents, and volunteers shall be excess of the Consultant’s insurance and shall not contribute with it. The Consultant shall establish primary and non- contributory status by using ISO Form CG 20 01 04 13 or by an executed manuscript insurance company endorsement that provides primary and non-contributory status as broad as that contained in ISO Form CG 20 01 04 13. The Workers’ Compensation insurance policy is to contain, or be endorsed to contain, the following provision: the Consultant and its insurer shall waive any right of subrogation against the City, its officers, officials, employees, agents, and volunteers. If the Professional Liability (Errors and Omissions) insurance policy is written on a claims- made form: 1. The retroactive date must be shown and must be before the effective date of the Agreement or the commencement of work by the Consultant. 2. Insurance must be maintained, and evidence of insurance must be provided for at least five years after completion of the Agreement work or termination of the Agreement, whichever occurs first, or, in the alternative, the policy shall be endorsed to provide not less than a five-year discovery period. 3. If coverage is canceled or non-renewed, and not replaced with another claims- made policy form with a retroactive date prior to the effective date of the Agreement or the commencement of work by the Consultant, the Consultant must purchase “extended reporting” coverage for a minimum of five years after completion of the Agreement work or termination of the Agreement, whichever occurs first. 4. A copy of the claims reporting requirements must be submitted to the City for review. 5. These requirements shall survive expiration or termination of the Agreement. All policies of insurance required herein shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after thirty (30) calendar days written notice by certified mail, return receipt requested, has been given to the City. The Consultant is also responsible for providing written notice to the City under the same terms and conditions. Upon issuance by the insurer, broker, or DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Exhibit B Page 29 of 30 agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits, the Consultant shall furnish the City with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for the City, the Consultant shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than fifteen (15) calendar days prior to the expiration date of the expiring policy. 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. 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. 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 shall require and verify that subcontractors maintain insurance meeting all the requirements stated herein and the Consultant shall ensure that the City, its officers, officials, employees, agents, and volunteers are additional insureds. The subcontractors' certificates and endorsements shall be on file with the Consultant, and the City, prior to commencement of any work by the subcontractor. DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Exhibit C Page 30 of 30 EXHIBIT C DISCLOSURE OF CONFLICT OF INTEREST Garage 9 Remodel 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 City, State, Zip ☐ Additional page(s) attached. Whites Bridge MapleBrawleyHerndon Bullard Shaw ClovisFowlerTemperanceWestPalmClovisFowlerTemperanceDe WolfShields McKinley Belmont ChestnutPeachAmerican CedarGrantlandHayesElmEastMarksWestWalnutCorneliaNorth California Jensen Ashlan GrantlandHayesCorneliaBrawleyMarksShaw Bullard Herndon Nees De WolfShields McKinley Belmont California Jensen North Kings Canyon AshlanPeachBehymer Copper Shepherd NeesBlackstoneFirstCedarChestnutGarfieldBryanPolkBlytheValentineVan NessFruitMaroaFresnoMillbrookMapleWillowDakota Clinton Olive Gettysburg Barstow Sierra Alluvial Nielsen Kearney Muscat Annadale Church WillowMinnewawaMalaga OrangeBryanSunnysideArmstrongLocanFigCherryHughesFruitPolkValentineBlytheAlluvial Sierra Barstow Perrin SunnysideArmstrongLocanClinton Olive Tulare Butler Church Annadale DakotaMinnewawaInternational Teague Garage 9 Remodel N 0 1.5 30.75 Miles Garage 9 Remodel 1241 Van Ness Ave. VICINITY MAP DEPARTMENT OFPUBLIC WORKS District 3 City_LimitsCouncil District: 3 Aly AlyMerced StMerced StVan Ness Ave Van Ness Ave Copyright nearmap 2015 Garage 9 Remodel1241 Van Ness Ave Project ID: Proposed Council District: 3 LOCATION MAPN 0 30 6015 Feet DEPARTMENT OFPUBLIC WORKS Exhibit AGarage 9 Remodel Legend Garage Outline City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-970 Agenda Date:6/22/2023 Agenda #: 1.-N. REPORT TO THE CITY COUNCIL FROM:SCOTT L. MOZIER, PE, Director Public Works Department AARON A. AGUIRRE, Director Parks, After School, Recreation, and Community Services Department BY:RANDALL W. MORRISON, PE, Assistant Director Public Works Department, Engineering Division HARLAVPREET S. BRAR, PE, Professional Engineer Public Works Department, Site Development Project Management Section SUBJECT Approve an agreement for professional engineering services with Quad Knopf Inc., of Fresno, California for $118,650.00 with a $10,000.00 contingency, for design and construction support services for the Vinland Park Futsal and Pickleball Courts Project (Council District 4) RECOMMENDATION Staff recommends City Council approve a consultant services agreement with Quad Knopf Inc. (QK), of Fresno, California in the amount of $118,650.00, with a $10,000 contingency, for the design and preparation of construction documents for the Vinland Park Futsal and Pickleball Courts Project and authorize the Public Works Director or designee to execute the agreement on behalf of the City of Fresno. EXECUTIVE SUMMARY The City of Fresno Parks, After School, Recreation and Community Services Department (PARCS) proposes to design and construct four (4) new lighted pickleball and one (1) new lighted futsal court with fencing, accessible paths of travel, and associated site furnishings at Vinland Park, located on the northwest corner of Gettysburg and Woodward Avenues. The project will include a community meeting to present and receive recommendations to inform the final design. The contract for professional engineering design services will be funded using American Rescue Plan Act (ARPA) allocations previously approved by City Council. Council approval of the consultant agreement between the City and QK is recommended to facilitate development of plans, cost estimates, and general construction contract documents necessary to complete the project. City of Fresno Printed on 6/29/2023Page 1 of 3 powered by Legistar™ 6/22/2023 NE/AP 5-0 LC ABSENT AP RECUSED APPROVED ON CONSENT File #:ID 23-970 Agenda Date:6/22/2023 Agenda #: 1.-N. BACKGROUND The PARCS Department proposes to utilize previously allocated ARPA funds to improve the existing park facilities and enhance the park guest experience at Vinland Park.The project will support the growth of the pickleball and futsal community in the surrounding area and will cultivate an environment that promotes health and social interaction. As part of the project,QK will analyze the park’s existing conditions and will develop conceptual design plans of the pickleball and futsal courts.Accessible paths of travel to and from the courts to an existing path of travel will be designed,as well as electrical design plans in support of additional lighting around the courts.The project will include fencing around the courts,and may include site amenities such as drinking fountains,benches,landscape and irrigation improvements,subject to funding availability and community input. In accordance with AO 6-19,staff sent out a request for Statements of Qualifications (SOQs)in December 2022 via Planet Bids,email,and published in The Business Journal for Pickleball Court Projects.The request for SOQs was sent out for projects at four (4)different locations including Woodward Park,Roeding Park,Vinland Park,and Rotary East Park.Four (4)SOQs were received, and staff interviewed the three (3)qualified respondents between March 6,2023,and March 7,2023. QK was determined to be the most qualified and responsive based on the consultant interviews.Staff believes that a separate agreement for each location is the best route forward to meet different funding and scheduling requirements at each location.Staff negotiated a fee of $118,650,with a $10,000 contingency,for the preparation of plans,specifications,cost estimates,bidding support services, and construction support services for this project. Staff recommends City Council approval of the proposed agreement with QK in the amount of $118,650,with a $10,000 contingency,for the design and preparation of construction documents for the Vinland Park Futsal and Pickleball Courts Project and authorize the Public Works Director or designee to execute the Agreement on behalf of the City. The City Attorney’s Office has reviewed and approved the proposed agreement as to form. ENVIRONMENTAL FINDINGS A consultant agreement for the design of plans and cost estimates is not a “project”pursuant to California Environmental Quality Act (CEQA) Guidelines § 15378. LOCAL PREFERENCE Quad Knopf Inc., is a local business, as defined by the Fresno Municipal Code. FISCAL IMPACT The proposed project is in Council District 4.The Vinland Park Futsal and Pickleball Courts Project is funded through the ARPA appropriations included in the FY23 Annual Appropriations Resolution. City of Fresno Printed on 6/29/2023Page 2 of 3 powered by Legistar™ File #:ID 23-970 Agenda Date:6/22/2023 Agenda #: 1.-N. Attachment(s): Consultant Agreement Vicinity Map Location Map City of Fresno Printed on 6/29/2023Page 3 of 3 powered by Legistar™ DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Page 1 of 30 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 Quad Knopf, Inc., a California Corporation (Consultant). RECITALS WHEREAS, the City desires to obtain professional architectural and engineering services for the design of plans and general construction contract documents for Vinland Park Futsal and Pickleball Courts (Project); and WHEREAS, the Consultant is engaged in the business of furnishing services as a a licensed architect and engineer and hereby represents that it desires to and is professionally and legally capable of performing the services called for by this Agreement; and WHEREAS, the Consultant acknowledges that this Agreement is subject to the requirements of Fresno Municipal Code Section 4-107 and Administrative Order No. 6-19; and WHEREAS, this Agreement will be administered for the City by its Public Works Department Director (Director) or designee. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and of the covenants, conditions, and promises hereinafter contained to be kept and performed by the respective parties, it is mutually agreed as follows: 1. Scope of Services. The Consultant shall perform the services described herein and in Exhibit A to complete the Project more fully described in Exhibit A, and this shall include all work incidental to, or necessary to perform, such services even though not specifically described in Exhibit A. The services of the Consultant shall consist of five Parts as described below. A separate Notice to Proceed will be issued for each of the aforementioned Parts. By entry into this Agreement and upon the City’s issuance of a written "Notice to Proceed," the City contracts for the services in Part One. The Consultant shall not perform any other Part of the Agreement, and this Agreement shall not be a contract for any other Part, until further performance is authorized by the City’s issuance of a written “Notice to Proceed.” It shall, however, remain the Consultant’s offer to perform all remaining parts described herein. In the event the Consultant performs services without the City’s prior written authorization, the Consultant will not be entitled to compensation for such services. (a) Part One. Schematic Design Phase. (1) The Consultant shall review the description of the Project set forth in Exhibit A and consult with designated representatives of the City to ascertain the requirements of the Project. (2) The Consultant shall conduct studies and investigations as DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Page 2 of 30 necessary to confirm requirements of design including, but not limited to, (i) consulting with the various utility agencies, and (ii) obtaining all information and data from the respective responsible City department/division that is available in the City’s records and is required by the Consultant in connection with the consulting services including, but not limited to, maps, surveys, reports, information, restrictions, and easements. The Consultant shall notify the City if a topographic survey is required. (3) The Consultant shall provide a preliminary evaluation of the Project taking into consideration the City’s estimate of the cost of construction (Construction Budget) of Six Hundred Fifty Thousand Dollars ($650,000.00), including alternative approaches to design and construction of the Project. (4) Based upon the mutually agreed upon Project requirements and any adjustments authorized by the City in the Construction Budget, the Consultant shall design and prepare schematic design drawings and other documents for review, modification, if required, and acceptance by the City staff sufficient to show the concept and scope of the proposed Project and the scale and relationship of Project components. (5) The Consultant shall submit a preliminary estimate of construction cost for review and acceptance by the City. As used herein, "construction cost" means the cost of construction under the general construction contract and does not include The Consultant’s compensation as herein provided. Such estimate shall include, and shall separately state, the cost of any add or deduct alternatives, the cost of any work which may be let on a segregated bid basis and any equipment or fixtures which may be incorporated in or excluded from the general construction contract as may be necessary to stay within the Construction Budget. (6) The Consultant shall make as many submittals as may be necessary or desirable to obtain the acceptance by the City and shall assist the City in applying for and obtaining from applicable public agencies any approval permit, or waiver required by law, which assistance shall include, but not be limited to, making Project information available to the City. (7) The Consultant may not rely upon any as-builts provided by the City but shall investigate the existing conditions and ascertain the adequacy of such as-builts for the Consultant’s design. The Consultant shall bring to the City’s attention any discrepancies in the as-builts that are discovered by the Consultant. The City makes no representations regarding any as-builts. (8) Services shall be undertaken and completed in a sequence assuring expeditious completion. All services shall be rendered, and deliverables submitted within One Hundred Thity Five (135) calendar days from the issuance of a Notice to Proceed for this Part unless an extension of time is approved in writing by the Director. Re-submittals, as necessary to obtain the acceptance by the City, shall be submitted to the City within twenty one (21) calendar days from receipt of the City’s comments unless an extension of time is approved in writing by the Director. DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Page 3 of 30 (b) Part Two. Design Development Phase. After review and acceptance of the schematic design phase and issuance of a written Notice to Proceed with this Part Two: (1) Based upon the accepted schematic design documents and the Construction Budget, including authorized revisions thereto, the Consultant shall prepare for review and acceptance by the City the design development documents consisting of drawings and other documents to fix and describe the size and character of the Project as necessary to show treatment of significant details. In addition, the Consultant shall provide outline specifications of the work as to kinds of materials, systems, and other such design elements as may be required. Such design development documents and specifications shall be subject to review and acceptance by the City. (2) The Consultant shall submit a revised estimate of construction cost for review and acceptance by the City. The revised estimate shall include, but shall separately state, the cost of any add or deduct alternates, any work which may be let on a segregated bid basis, and any furnishings, equipment or fixtures which may be incorporated in or excluded from the general construction contract as may be necessary to stay within the Construction Budget, including authorized revisions thereto. (3) In the event that the revised estimate of construction cost exceeds the preliminary estimate of construction cost previously accepted, excluding therefrom any add alternate, any work which may be let on a segregated bid basis and any furnishing, equipment or fixtures which was identified in Part 1 as that which may be excluded from the general construction contract, the City shall have the option of accepting or rejecting the revised estimate and the Consultant shall, at no additional cost to the City, make such design changes as may be necessary to reduce the revised estimate so that it shall not exceed the preliminary estimate of construction cost previously accepted by the City. The City shall not increase the scope of the Project except by modification of this Agreement which shall include an agreed upon increase in the Consultant’s compensation. (4) The Consultant shall make as many submittals as may be necessary or desirable to obtain the acceptance by the City and shall assist the City in applying for and obtaining from applicable public agencies any approval, permit, or waiver required by law, which assistance shall include, but not be limited to, making Project information available to the City.Services shall be undertaken and completed in a sequence assuring expeditious completion. All services shall be rendered, and deliverables submitted within Zero (0) calendar days from the issuance of a Notice to Proceed for this Part unless an extension of time is approved in writing by the Director. Re-submittals, as necessary to obtain the acceptance by the City, shall be submitted to the City within Zero (0) calendar days from receipt of the City’s comments unless an extension of time is approved in writing by the Director. (c) Part Three. Construction Document Phase. After review and acceptance of the design development phase and issuance of a written Notice to Proceed DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Page 4 of 30 with this Part Three: (1) The Consultant shall prepare from the accepted design development documents, detailed plans and specifications setting forth the complete work to be done, and the materials, workmanship, finishes and equipment, fixtures, and site work required. The Consultant shall also prepare necessary bidding information, general and special conditions of the general construction contract, technical specifications of the general construction contract, and the bid proposal and general construction contract forms. Such documents shall be subject to the review and acceptance by the City. The Consultant shall cooperate with, assist and be responsive to Purchasing Manager in preparation of all documents including, without limitation, slip-sheeting final documents for printing when requested. The City’s Standard Specifications must be used by the Consultant where possible. Final drawings shall be drawn, printed, or reproduced by a process providing a permanent record in black on vellum, tracing cloth, polyester base film, or high-quality bond copy. Bid, general conditions, contract and bond document forms or formats regularly used by the City shall be used by the Consultant unless the Director determines they would be impractical for this Project. the Consultant shall be responsible for assuring that the special conditions, technical specifications, and any other documents prepared by the Consultant are consistent with any documents regularly used by the City that are used for this Project. (2) Upon request of the City, the Consultant shall provide the calculations used to determine the general construction contract quantities; and structural calculations for the purpose of obtaining any building permits. (3) The Consultant shall make as many submittals as may be necessary or desirable to obtain the acceptance by the City and shall assist the City in applying for and obtaining from applicable public agencies any approval, permit, report, statement, or waiver required by law, which assistance shall include, but not be limited to, making Project information available to the City. (4) The Consultant shall provide the City with two (2) sets of completed plans and two (2) sets of completed specifications for review and final acceptance by the City. Should the plans and specifications as submitted by the Consultant not be accepted by the City, the Consultant shall revise the plans and specifications as needed to obtain final acceptance at no additional cost to the City. (5) After acceptance of final corrections, if any, the Consultant shall provide the City with one set of accepted reproducible tracings and bid documents for the Project. In addition, the Consultant shall provide the City with one complete set of CAD/System disk files of drawings and complete disk files of specifications in the following format: .DWG. (6) The Consultant shall submit a final estimate of construction cost for review and acceptance by the City. Such estimate shall be calculated as of the date all general construction contract documents are delivered to the City in final form ready for reproduction and advertising. Such estimate shall include, but DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Page 5 of 30 shall separately state, the cost of any add or deduct alternates, any work which may be let on a segregated basis, and any equipment, or fixtures which may be incorporated in or excluded from the general construction contract. (7) In the event that the final estimate of construction cost exceeds the revised estimate of construction cost previously accepted, excluding therefrom any add alternate, any work which may be let on a segregated bid basis and any furnishings, equipment or fixtures which was identified in the final revised estimate in Part 2 as that which may be excluded from the general construction contract, the City shall have the option of accepting or rejecting the final estimate. If the City elects to reject the final estimate, the Consultant shall at no additional cost to the City, make such design changes as may be necessary to reduce the final estimate so that it shall not exceed the revised estimate of construction cost previously accepted by the City. (8) Services shall be undertaken and completed in a sequence assuring expeditious completion. All services shall be rendered, and deliverables submitted within seventy-five (75) calendar days from the issuance of a Notice to Proceed for this Part unless an extension of time is approved in writing by the Director. Re-submittals, as necessary to obtain the acceptance by the City, shall be submitted to the City within twenty-one (21) calendar days from receipt of the City’s comments unless an extension of time is approved in writing by the Director. (d) Part Four. Bidding Phase. After review and acceptance of the construction document phase and if the City elects to proceed to bid, which shall constitute a written Notice to Proceed with this Part Four: (1) The Consultant shall assist the City in obtaining bids. The Consultant shall not communicate with potential bidders regarding this Project without the express prior written authorization of the City’s Purchasing Manager. (2) The Consultant shall, within 7 calendar days of any request by the City, expeditiously draft and promptly provide addendum as determined by the City to be reasonable or necessary for the bidding process. (3) If the lowest responsible bid received for the general construction contract exceeds by 10% or more the final estimate of construction cost previously accepted by the City, excluding therefrom any add alternate, any work which may be let on a segregated bid basis and any furnishings, equipment or fixtures which are excluded from the general construction contract, the Consultant shall, within 14 calendar days of any request by the City, revise the plans and specifications as may be necessary to stay within 10% of such final estimate of construction cost, at no additional cost to the City provided such bid is received within 180 calendar days after completion of services in Section 1(c) of this Agreement. The Consultant shall also submit such revised plans and specifications, together with a new final estimate of construction cost, to the City for review and acceptance. This procedure, using the latest accepted final estimate of construction cost, shall, upon written notice to the Consultant from the Director, be repeated until an acceptable bid is received that does not exceed the accepted final estimate of construction cost by more than 10%. DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Page 6 of 30 (e) Part Five. Construction Phase and General Construction Contract Administration. The construction phase will begin with the award of the general construction contract, which shall constitute a written Notice to Proceed with this Part Five and will terminate when a Notice of Completion is filed. Upon award of a general construction contract for the Project and under the direction of the Director through the City’s designated Construction Manager for the Project: (1) The Consultant shall attend the pre-construction conference and, if called upon by the City, act on the City’s behalf in discussing the various aspects of the construction phase. (2) The Consultant shall review and recommend in writing to the City acceptance or non-acceptance of shop drawings, equipment and material submittals of the general construction contractor as required by the general construction contract and applicable laws and regulations in a timely manner. The period for the Consultant review shall be as specified in the general construction contract, except if such period is not so specified, the period shall be as determined in the pre-construction conference as mutually agreed upon by the City, the Consultant, and the general construction contractor. (3) The Consultant shall, at intervals appropriate to the state of construction, familiarize itself with the progress and quality of the work and determine in general if the work is proceeding in accordance with the general construction contract documents, and keep the City informed of the progress of the work. In the event that the Consultant’s visit to the site results in the discovery of any defect or deficiencies in the work of the general construction contractor, the Consultant shall immediately advise the City and document, in writing, the work the Consultant deems substandard, and make recommendations where appropriate to reject any work not conforming to the intended design or specifications. Based on the Consultant’s best knowledge, information and belief, the Consultant shall provide the City a general written assurance that the work covered by a payment application meets the standards in the general construction contract. As to technical aspects, the Consultant shall provide a written judgment of the acceptability of the work for payment applications and final acceptance, subject to the City’s right to overrule the Consultant. (4) Upon written request by the City, the Consultant shall render interpretations of the general construction contract documents necessary for the proper execution or progress of the work. (5) Upon written request by the City, the Consultant shall render written recommendations on change orders, claims, disputes, or other questions arising out of the general construction contract, in a timely manner. Recommendations by the Consultant in favor of a change order that is consequently accepted by the City shall constitute approval by the Consultant who shall then approve the change order in writing. The Consultant shall not unreasonably withhold written approval in the event the City accepts a change order that the Consultant recommended to be rejected. In the event of any technical disputes, the Consultant shall provide the City with the Consultant’s DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Page 7 of 30 written interpretation of the contract documents. The period for the Consultant review shall be as specified in the general construction contract, except if such period is not so specified, the period shall be as determined in the pre- construction conference as mutually agreed upon by the City, the Consultant, and the general construction contractor. If the City, the Consultant, and the respective general construction contractor are unable to mutually agree on such period for the Consultant review, then the City will make the determination and that determination will be final. (6) Upon written request by the City, the Consultant shall provide such design and specification services as may be requested by the City to implement change orders necessary for clarification or interpretation of the general construction contract documents or which may have resulted from errors or omissions by the Consultant. (7) Where change orders arise as a result of an increase in the scope of work or are due to unforeseeable conditions, the parties may modify this Agreement, which modification shall include an agreed upon increase in the Consultant’s compensation. (8) Upon written request of the City, the Consultant shall assist the City in the preparation of Progress Payment Estimates and other related construction reports. (9) The Consultant shall provide the City with two sets of original as-grade plans wet-stamped and signed by the Consultant’s Engineer of Record for the Project submitted for final approval by the City’s Building and Safety Services Division of the Development and Resource Management Department on all projects located outside the Right of Way. (10) the Consultant shall prepare Record Drawings by updating the accepted general construction documents in Part 3 to reflect all changes or deviations that occurred during construction as reflected on or from each of the following: (i) the general construction contractor provided red-lined plans, (ii) those furnished by the City, (iii) the Consultant provided Request for Information responses, and (iv) any the Consultant bulletins, amendments, or clarifications. The Consultant shall provide the City with one set of vellum Record Drawings for the Project within twenty-eight (28) calendar days from receipt of red-lined field markups unless an extension of time is approved in writing by the Director. Re- submittals, as necessary to obtain the acceptance by the City, shall be submitted to the City within twenty (20) calendar days from receipt of the City comments unless an extension of time is approved in writing by the Director. In addition, the Consultant shall provide the City with one complete set of CAD/System disk files of Record Drawings in the following format: .DWG. 2. The City’s responsibilities. The City will: (a) Provide, upon request and cooperation of the Consultant, access to, and make all provisions necessary to, enter upon public or private lands as required for the Consultant to perform such services and inspections as are required in development DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Page 8 of 30 of the Project; provided, however, if the City is unable to obtain access to enter upon public or private lands, the Consultant shall not be relieved from performing its services as to those public and private lands that are accessible. If the Consultant notifies the City that a topographic survey is required by the Consultant in connection with the consulting services, then the City will be responsible for conducting the topographic survey. (b) Manage and be responsible for all negotiations with owners in connection with land or easement acquisition and provide all required title reports and appraisals. (c) With the exception of preparing correspondence required for design, hold all required special meetings, serve all public and private notices, receive and act upon all protests, and perform all services customarily performed by owners as are necessary for the orderly progress of the work and the successful completion of the Project, and pay all costs incidental thereto. (d) Select the testing laboratory and pay the cost of borings, samplings, and other work involved in soils testing during construction. (e) Conduct onsite inspection during construction to check quality and quantity of work as conditions warrant and be responsible for assuring that the general construction contractor carries out all construction work in accordance with the plans and specifications. However, this does not release the Consultant from its responsibility to make periodic site visits under Section 1(e) for the purpose of observing the work to determine its general conformity with the plans and specifications and reporting its findings to the City. (f) Prepare all change orders during construction in cooperation with the Consultant. (g) Prepare all Progress Payment Estimates in cooperation with the Consultant following its general assurance that the work covered by a payment application meets the standards in the general construction contract documents based upon the Consultant’s best knowledge, information, and belief. (h) Pay, or cause to be paid, plan check fees, conditional use permit fees and site plan review fees. (i) Arrange for and pay, or cause to be paid, any fees associated with Environmental Impact Reports or Statements. (j) Give reasonably prompt consideration to all matters submitted by the Consultant for acceptance to the end that there will be no substantial delays in the Consultant’s program of work. For an acceptance, approval, authorization, a request, or any direction to the Consultant to be binding upon the City under the terms of this Agreement, such acceptance, approval, authorization, request, or direction must be in writing, duly authorized by the City and signed on behalf of the City by the Director. 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 One Hundered Eighteen Thousand Six Hunded Fifty Dollars (118,650.00), and a contingency DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Page 9 of 30 amount not to exceed Ten Thousand Dollars ($10,000.00) for any additional work rendered pursuant to Subsection (d) below and authorized in writing by the Director. Such fees include all expenses incurred by the Consultant in performance of such services. (b) Detailed statements shall be rendered monthly and will be payable in the normal course of City business. Such statements shall be for an amount no greater than that attributable to the Part upon which the Consultant is then engaged as provided in Section 3(c) below. (c) For purposes of determining the division of the total compensation to the Consultant as provided in Section 3(a) above, or should performance of any succeeding Part not be authorized by the City as provided in Section 1 of this Agreement, it is agreed that the total compensation shall be allocated to the five Parts of the Consultant’s performance as follows: Part 1 – Fifty Five (54%), Part 2 – Zero (00%)], Part 3 – Thirty Six (36%)], Part 4 - Three (4%)] and Part 5 - Six (6%)]. Prior to the award of a general construction contract for the Project, or should such contract not be awarded, the approved Parts as provided above shall be utilized for purposes of determining the fee due to the Consultant. (d) The parties may modify this Agreement to increase or decrease the scope of services or provide for the rendition of services not required by this Agreement, which modification shall include an adjustment to the Consultant’s compensation. Any change in the scope of services must be made by written amendment to the Agreement signed by an authorized representative for each party. The Consultant shall not be entitled to any additional compensation if services are performed prior to a signed written amendment. Subsequent to the date of completion of Part Three, changes due to Code revisions or enactments adopted after such date shall constitute additional work subject to this Section 3(d). 4. Termination, Remedies, Force Majeure, and Consolidation of Disputes. (a) This Agreement shall terminate without any liability of the City to the Consultant upon the earlier of: (i) the Consultant’s filing for protection under the federal bankruptcy laws, or any bankruptcy petition or petition for receiver commenced by a third party against the Consultant; (ii) seven calendar days prior written notice with or without cause by the City to the Consultant; (iii) the City’s non-appropriation of funds sufficient to meet its obligations hereunder during any City fiscal year of this Agreement, or insufficient funding for the Project; or (iv) expiration of this Agreement. (b) Immediately upon any termination or expiration of this Agreement, the Consultant shall: (i) immediately stop all work hereunder; (ii) immediately cause any and all of its subcontractors to cease work; and (iii) return to the City any and all unearned payments and all properties and materials in the possession of the Consultant that are owned by the City. Subject to the terms of this Agreement, the Consultant shall be paid 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 DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Page 10 of 30 withhold an amount that would otherwise be payable as an offset to, but not in excess of, the City’s damages caused by such failure. In no event shall any payment by the City pursuant to this Agreement constitute a waiver by the City of any breach of this Agreement which may then exist on the part of the Consultant, nor shall such payment impair or prejudice any remedy available to the City with respect to the breach. (d) Upon any breach of this Agreement by the Consultant, the City may: (i) exercise any right, remedy (in contract, law, or equity), or privilege which may be available to it under applicable laws of the State of California or any other applicable law; (ii) proceed by appropriate court action to enforce the terms of the Agreement; and/or (iii) recover all direct, indirect, consequential, economic, and incidental damages for the breach of the Agreement. If it is determined that the City improperly terminated this Agreement for default, such termination shall be deemed a termination for convenience. (e) The Consultant shall provide the City with adequate written assurances of future performance, upon the request of the Director or designee, in the event the Consultant fails to comply with any terms or conditions of this Agreement. (f) The Consultant shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Consultant and without its fault or negligence such as, acts of God or the public enemy, acts of the City in its contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Consultant shall notify the Director or designee in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, and shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Director or designee of the cessation of such occurrence. (g) the Consultant agrees that, notwithstanding any contrary provision in this Agreement, any dispute arising from or relating to this Agreement (including, without limitation, disputes based on contract, tort, equity, or statute) may, at the City’s option, be joined and consolidated with any other dispute or disputes arising from or relating to the Project so that all disputes arising from or relating to the Project may be resolved in a single proceeding. the Consultant hereby specifically waives any objection it may otherwise have to such joinder and consolidation and specifically consents to mediation, arbitration or any other dispute resolution mechanism, forum or proceeding necessary to effectuate the joinder and consolidation contemplated by this provision. 5. Confidential Information, Ownership of Documents and Copyright License. (a) Any reports, information, or other data prepared or assembled by the Consultant pursuant to this Agreement shall not be made available to any individual or organization by the Consultant without the prior written approval of the City. During the 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. DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Page 11 of 30 All Confidential Information shall be and remain confidential and proprietary in the City. (b) Any and all original sketches, pencil tracings of working drawings, plans, computations, specifications, computer disk files, writings and other documents prepared or provided by the Consultant pursuant to this Agreement are the property of the City at the time of preparation and shall be turned over to the City upon expiration or termination of the Agreement or default by the Consultant. The Consultant grants the City a copyright license to use such drawings and writings. The Consultant shall not permit the reproduction or use thereof by any other person except as otherwise expressly provided herein. The City may modify the design including any drawings or writings. Any use by the City of the aforesaid sketches, tracings, plans, computations, specifications, computer disk files, writings, and other documents in completed form as to other projects or extensions of this Project, or in uncompleted form, without specific written verification by the Consultant will be at the City’s sole risk and without liability or legal exposure to the Consultant. The Consultant may keep a copy of all drawings and specifications for its sole and exclusive use. (c) If the Consultant should subcontract all or any portion of the services to be performed under this Agreement, the Consultant shall cause each subcontractor to also comply with the requirements of this Section 5. (d) This Section 5 shall survive expiration or termination of this Agreement. 6. Professional Skill. It is further mutually understood and agreed by and between the parties hereto that inasmuch as the Consultant represents to the City that the Consultant and its subcontractors, if any, are skilled in the profession and shall perform in accordance with the standards of said profession necessary to perform the services agreed to be done by it under this Agreement, the City relies upon the skill of the Consultant and any subcontractors to do and perform such services in a skillful manner and the Consultant agrees to thus perform the services and require the same of any subcontractors. Therefore, any acceptance of such services by the City shall not operate as a release of the Consultant or any subcontractors from said professional standards. 7. Indemnification. To the furthest extent allowed by law, including California Civil Code section 2782.8 the Consultant shall indemnify, hold harmless and defend the City and each of its officers, officials, employees, agents, and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage), and from any and all claims, demands and actions in law or equity (including reasonable attorney’s fees, litigation expenses and cost 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 DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Page 12 of 30 harmless and defend the City and each of its officers, officials, employees, agents, and volunteers in accordance with the terms of the preceding paragraph. This section shall survive termination or expiration of this Agreement. 8. Insurance. (a) Throughout the life of this Agreement, the Consultant shall pay for and maintain in full force and effect all insurance as required in Exhibit B, which is incorporated into and part of this Agreement, with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated no less than “A-VII” in the Best’s Insurance Rating Guide, or (ii) as may be authorized in writing by the City’s Risk Manager or designee at any time and in its sole discretion. The required policies of insurance as stated in Exhibit B shall maintain limits of liability of not less than those amounts stated therein. However, the insurance limits available to the City, its officers, officials, employees, agents, and volunteers as additional insureds, shall be the greater of the minimum limits specified therein or the full limit of any insurance proceeds to the named insured. (b) If at any time during the life of the Agreement or any extension, the Consultant or any of its subcontractors/sub-consultants fail to maintain any required insurance in full force and effect, all services and work under this Agreement shall be discontinued immediately, and all payments due or that become due to the Consultant shall be withheld until notice is received by the City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to the City. Any failure to maintain the required insurance shall be sufficient cause for the City to terminate this Agreement. No action taken by the City pursuant to this section shall in any way relieve the Consultant of its responsibilities under this Agreement. The phrase “fail to maintain any required insurance” shall include, without limitation, notification received by the City that an insurer has commenced proceedings, or has had proceedings commenced against it, indicating that the insurer is insolvent. (c) The fact that insurance is obtained by the Consultant shall not be deemed to release or diminish the liability of the Consultant, including, without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify the City shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of the Consultant, its principals, officers, agents, employees, persons under the supervision of the Consultant, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them. (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 DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Page 13 of 30 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 the City council, commission, board, committee, or similar City body. This requirement may be waived in writing by the City Manager, if no actual or potential conflict is involved. (d) The Consultant represents and warrants that it has not paid or agreed to pay any compensation, contingent or otherwise, direct, or indirect, to solicit or procure this Agreement or any rights/benefits hereunder. (e) Neither the Consultant, nor any of the Consultant’s subcontractors performing any services on this Project, shall bid for, assist anyone in the preparation of a bid for, or perform any services pursuant to, any other contract in connection with this Project. the Consultant and any of its subcontractors shall have no interest, direct or indirect, in any other contract with a third party in connection with this Project unless such interest is in accordance with all applicable law and fully disclosed to and approved by the City Manager, in advance and in writing. (f) If the Consultant should subcontract all or any portion of the work to be performed or services to be provided under this Agreement, the Consultant shall DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Page 14 of 30 include the provisions of this Section 9 in each subcontract and require its subcontractors to comply therewith. (g) This Section 9 shall survive expiration or termination of this Agreement. 10. Recycling Program. In the event the Consultant maintains an office or operates a facility(ies), or is required herein to maintain or operate same, within the incorporated limits of the City of Fresno, the Consultant at its sole cost and expense shall: (a) Immediately establish and maintain a viable and ongoing recycling program, approved by the City’s Solid Waste Management Division, for each office and facility. Literature describing the City recycling programs is available from the City’s Solid Waste Management Division and by calling City of Fresno Recycling Hotline at (559) 621- 1111. (b) Immediately contact the City’s Solid Waste Management Division at (559) 621-1452 and schedule a free waste audit and cooperate with such Division in their conduct of the audit for each office and facility. (c) Cooperate with and demonstrate to the satisfaction of the City’s Solid Waste Management Division the establishment of the recycling program in paragraph (a) above and the ongoing maintenance thereof. 11. General Terms. (a) Except as otherwise provided by law, all notices expressly required of the City within the body of this Agreement, and not otherwise specifically 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 DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Page 15 of 30 City that subcontractor is licensed to perform the services called for by this Agreement (or that no license is required) before beginning work. (d) The Consultant’s services pursuant to this Agreement shall be provided under the supervision of Ernie Escobedo, Branch Manager, and he/she shall not assign another to supervise the Consultant’s performance of this Agreement without the prior written approval of the Director. 12. Nondiscrimination. To the extent required by controlling federal, state, and local law, the Consultant shall not employ discriminatory practices in the provision of services, employment of personnel, or in any other respect on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Subject to the foregoing and during the performance of this Agreement, the Consultant agrees as follows: (a) The Consultant will comply with all applicable laws and regulations providing that no person shall, on the grounds of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity made possible by or resulting from this Agreement. (b) The Consultant will not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. The Consultant shall ensure that applicants are employed, and the employees are treated during employment, without regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Such requirement shall apply to the Consultant’s employment practices including, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. the Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provision of this nondiscrimination clause. (c) The Consultant will, in all solicitations or advertisements for employees placed by or on behalf of the Consultant in pursuit hereof, state that all qualified applicants will receive consideration for employment without regard to race, religious creed, color, national origin, ancestry, physical disability, mental disability, 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 DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Page 16 of 30 understanding, a notice advising such labor union or workers’ representatives of the Consultant’s commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (e) If the Consultant should subcontract all or any portion of the services to be performed under this Agreement, the Consultant shall cause each subcontractor to also comply with the requirements of this Section 12. 13. Independent Contractor. (a) In the furnishing of the services provided for herein, the Consultant is acting solely as an independent contractor. Neither the Consultant, nor any of its officers, agents, or employees shall be deemed an officer, agent, employee, joint venturer, partner or associate of the City for any purpose. The City shall have no right to control or supervise or direct the manner or method by which the Consultant shall perform its work and functions. However, the City shall retain the right to administer this Agreement so as to verify that the Consultant is performing its obligations in accordance with the terms and conditions thereof. (b) This Agreement does not evidence a partnership or joint venture between the Consultant and the City. The Consultant shall have no authority to bind the City absent the City’s express written consent. Except to the extent otherwise provided in this Agreement, the Consultant shall bear its own costs and expenses in pursuit thereof. (c) Because of its status as an independent contractor, the Consultant and its officers, agents, and employees shall have absolutely no right to employment rights and benefits available to the City employees. The Consultant shall be solely liable and responsible for all payroll and tax withholding and for providing to, or on behalf of, its employees all employee benefits including, without limitation, health, welfare, and retirement benefits. In addition, together with its other obligations under this Agreement, the Consultant shall be solely responsible, indemnify, defend and save the City harmless from all matters relating to employment and tax withholding for and payment of the Consultant’s employees, including, without limitation, (i) compliance with Social Security and unemployment insurance withholding, payment of workers’ compensation benefits, and all other laws and regulations governing matters of employee withholding, taxes and payment; and (ii) any claim of right or interest in the City employment benefits, entitlements, programs and/or funds offered employees of the City whether arising by reason of any common law, de facto, leased, or co-employee rights or other theory. It is acknowledged that during the term of this Agreement, the Consultant may be providing services to others unrelated to the City or to this Agreement. 14. Notices. Any notice required or intended to be given to either party under the terms of this Agreement shall be in writing and shall be deemed to be duly given if delivered personally, transmitted by facsimile followed by telephone confirmation of receipt, or sent by United States registered or certified mail, with postage prepaid, return receipt requested, addressed to the party to which notice is to be given at the party’s address set forth on the signature page of this Agreement or at such other address as the parties may from time to time designate by written notice. Notices served by United States mail in the DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Page 17 of 30 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. DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Page 18 of 30 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 DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Page 19 of 30 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.] DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Exhibit A Page 20 of 30 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: RANDALL W. MORRISON, PE, Assistant Director Public Works Department ATTEST: TODD STERMER, CMC City Clerk By: Deputy No signature of City Attorney required. Standard Document #DPW-S Eng. CSA, Long Form Total Fee – Contingency (11- 2022) has been used without modification, as certified by the undersigned. By: Harlavpreet S. Brar Professional Engineer REVIEWED BY: Francisco V. Magos, PE, MBA, QSD Public Works Department Quad Knopf, Inc., a California Corporation By: Name: Title: (If corporation or LLC., Board Chair, Pres. or Vice Pres.) By: Name: Title: (If corporation or LLC., CFO, Treasurer, Secretary or Assistant Secretary) Any Applicable Professional License: Number: Name: Date of Issuance: Addresses: CITY: City of Fresno Attention:Harlavpreet S. Brar, Professional Engineer 26oo Fresno Street, Room 4016 Fresno, CA 93721-3620 Phone: (559) 621-8616 E-mail: Harlavpreet.Brar@fresno.gov CONSULTANT: Quad Knopf, Inc. Attention: Ernie Escobedo, Branch Manager 601 Pollasky Avenue, Suite 301 Clovis, CA 93612 Phone: (559) 449-2400 E-mail: Ernie.Escobedo@qkinc.com Ron Wathen, PE #58690 President Amber Aguayo CFO/COO PE #58690 Ronald J. Wathen, PE July 31, 1998 DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Exhibit A Page 21 of 30 3. Exhibit C - Conflict of Interest Disclosure Form Attachments: 1. Exhibit A - Scope of Services 2. Exhibit B - Insurance Requirements DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Exhibit A Page 22 of 30 EXHIBIT A SCOPE OF SERVICES Consultant Service Agreement between City of Fresno (City) and Quad Knopf, Inc. (Consultant) Vinland Park Futsal and Pickleball Courts Project Scope of Work Vinland Park is located at 4695 Gettysburg in the City of Fresno. The Project will include four (4) new pickleball courts and one(1) new futsal court at Vinland Park. Design features for the park will include lighted courts with fencing, ADA paths of travel, and amenities such as drinking fountains, benches, landscape and irrigation, all of which are subject to review of community input collected as part of the project. The CONSULTANT’s focus for the project will include designing new futsal and pickleball courts, paths of travel to the new courts, improving adjacent features and areas, including benches, drinking fountains, landscape and irrigation, and optimizing park safety through the integration of area lighting around the new courts. When designing the courts and space around them, the CONSULTANT will put into consideration the court’s size, surface material, sound and overall layout. The project documentation will include design and construction schedule preparation, required CEQA documentation, tribal consultation coordination, community outreach and engagement, construction plans, specifications and cost estimates at different phases, reviews including ADA/CASp, constructability, and CADD audits. The CONSULTANT will submit necessary documents to the CITY, utility companies, and other relevant agencies for review and approval at appropriate stages. The CONSULTANT will determine review and approval requirements during out initial project meetings with the City and incorporate them into the project schedule. Scope of Services Part 1: Schematic Design Phase The CONSULTANT will conduct an analysis of the existing conditions to gain a full understanding of the scope of work necessary for this Project. The CONSULTANT will have one (1) meeting with the CITY staff, including appropriate stakeholders and/or council members per the preference of the CITY. The meeting will serve to inform and gather input and gain consensus regarding the Project’s components. The CONSULTANT will prepare a Schematic Design report that will include existing conditions, recommendations, a photolog, cost estimate, and concept landscape plans. The CONSULTANT will provide two (2) initial conceptual design plans for review and DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Exhibit A Page 23 of 30 approval by CITY staff. The concepts will include the configuration of the court layouts, fencing, the location of proposed site amenities, and the accessible paths of travel. An itemized preliminary cost estimate for the conceptual designs will be prepared, from which City staff will determine which elements are to be included in the concept design to present to the community. Upon agreement of a preferred concept, the CONSULTANT will present the concept to the community via a community outreach and engagement process to be determined in collaboration with the CITY. After the completion of the community process, the final Schematic Design report integrating the final concept design and community comments will be submitted to the CITY for review. A single combined set of comments from the CITY on the conceptual design plans and preliminary cost estimate will be applied in Parts Two and Three – Design Development and Construction Development Phase. The CONSULTANT will provide electrical design to support the proposed renovations to the Vinland Park including site investigation of existing electrical infrastructure, site plan design, lighting design for futsal and pickleball courts, photometric analysis, single-line diagrams, energy compliance documents and calculations (Title 24), specifications, and submittal review. The CONSULTANT will provide structural design services to provide structural calculations, plans, and book specifications in CSI format for construction of the structural elements of the Project. The plans and calculations will be designed according to the force level provisions in the 2022 California Building Code. The structural sheets will include structural notes, typical details, structural details, and fencing details and elevations. Deliverable for Part 1 Schematic Phase will include the following: Photolog and Existing Conditions One (1) meeting with the stakeholders Schematic Design reports and plans Two (2) initial conceptual landscape design plans One (1) final concept design based on CITY and Community input Preliminary cost estimate Electrical Design Documents for all civil plan submittals and approval Structural Design Documents for all civil plan submittals and approval Part 2: Design Development Phase There is no scope of work proposed under Part 2. Part 3: Construction Document Phase Based on the approved conceptual design and construction budget, the CONSULTANT will prepare Construction Documents, details of the accepted design, and other drawings DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Exhibit A Page 24 of 30 as applicable in accordance with the local and State codes, standards, and specifications. Plans will be reviewed by the CONSULTANT’s Certified Accessibility Specialty (CASp) for ADA access requirements. The CONSULTANT shall be responsible for geotechnical services to finalize the footings for non-standard fences, light poles, or any additional amenities required on site. The Construction Document plans and specifications will include the following: Title sheet and general notes Topographic survey and demolition plan Grading and drainage plan Hardscape plans Detailed sheets for the various amenities and site improvements Technical specifications, bid item descriptions incorporated into CITY provided “front end” specifications, Divisions I-VI Deliverables for Part 3 Construction Document Phase will include the following: One (1) 24”x36” set of 95% complete PS&E documents in PDF format. One (1) meeting to review and discuss the 95% PS&E submittal in PDF format. A set of Construction Documents and specifications will be submitted to CITY’s Project Manager and City of Fresno Building & Safety Department for Permit review and comments. The CONSULTANT will prepare CEQA Notice of Exemption (NOE) for the CITY’s transmittal to the State Clearinghouse or Fresno County Clerk, as determined necessary. Following the receipt of permit plan check comments from the CITY, the CONSULTANT will prepare Final Construction Document plans and specifications and resubmit for final backcheck and approval. Deliverables for Part 3 Final Construction Documents Phase will include the following: One (1) 24”x36” set of 100% complete PS&E documents in PDF format. One (1) original set of PS&E documents by the City. Part 4: Bidding Support Phase The CONSULTANT will assist the CITY during the bidding process by conducting a pre- bid meeting on-site, reviewing and responding to all the questions and RFIs submitted by contractors, and issuing addenda(s) as necessary. DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Exhibit A Page 25 of 30 Part 5: Construction and Contract Administration Phase The CONSULTANT will assist the CITY Project Manager and Construction Management Department (CMD) during construction of the site improvements by attending preconstruction meeting arranged by the CITY CMD; provide clarification, as requested, of construction documents and respond to contractor’s request for information (RFIs); visiting the site at appropriate intervals to observe the workmanship is in substantial conformance with the construction documents. Following completion of the site improvements, the CONSULTANT will prepare “As- grade” plans based on CITY confirmed elevations and submit the plans to the CITY of Fresno. Compensation of all services described above will be based on a percentage of the construction costs, as described in the attached Proposed Fee Budgets. Fees will be billed monthly in accordance with the work completed. Part 1: Schematic Design Phase (54%) $ 64,500.00 Part 2: Design Development Phase (0%) $ 0.00 Part 3: Construction Document Phase (36%) $ 43,050.00 Part 4: Bidding Support Phase (4%) $ 4,400.00 Part 5: Construction Phase Services (6%) $ 6,700.00 TOTAL PROFESSIONAL SERVICES FEE $ 118,650.00 Schedule Time allotted for each phase is described in Agreement Section1 Scope of Services and is summarized below. Part 1: Schematic Design Phase (54%) 135 calendar days Part 2: Design Development Phase (0%) 0 calendar days Part 3: Construction Document Phase (36%) 75 calendar days Part 4: Bidding Support Phase (4%)No defined duration Part 5: Construction Phase Services (6%)No defined duration DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Exhibit B Page 26 of 30 EXHIBIT B INSURANCE REQUIREMENTS Consultant Service Agreement between City of Fresno (City) and Quad Knof Inc. (Consultant) Vinland Park Futsal and Pickleball Courts 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. DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Exhibit B Page 27 of 30 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 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 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 by use of ISO Form CG 20 10 11 85 or both CG 20 10 04 13 and CG 20 37 04 13 or by an executed manuscript insurance company endorsement DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Exhibit B Page 28 of 30 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, the Consultant’s insurance coverage shall be primary insurance with respect to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self- insurance maintained by the City, its officers, officials, employees, agents, and volunteers shall be excess of the Consultant’s insurance and shall not contribute with it. The Consultant shall establish primary and non- contributory status by using ISO Form CG 20 01 04 13 or by an executed manuscript insurance company endorsement that provides primary and non-contributory status as broad as that contained in ISO Form CG 20 01 04 13. The Workers’ Compensation insurance policy is to contain, or be endorsed to contain, the following provision: the Consultant and its insurer shall waive any right of subrogation against the City, its officers, officials, employees, agents, and volunteers. If the Professional Liability (Errors and Omissions) insurance policy is written on a claims- made form: 1. The retroactive date must be shown and must be before the effective date of the Agreement or the commencement of work by the Consultant. 2. Insurance must be maintained, and evidence of insurance must be provided for at least five years after completion of the Agreement work or termination of the Agreement, whichever occurs first, or, in the alternative, the policy shall be endorsed to provide not less than a five-year discovery period. 3. If coverage is canceled or non-renewed, and not replaced with another claims- made policy form with a retroactive date prior to the effective date of the Agreement or the commencement of work by the Consultant, the Consultant must purchase “extended reporting” coverage for a minimum of five years after completion of the Agreement work or termination of the Agreement, whichever occurs first. 4. A copy of the claims reporting requirements must be submitted to the City for review. 5. These requirements shall survive expiration or termination of the Agreement. All policies of insurance required herein shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after thirty (30) calendar days written notice by certified mail, return receipt requested, has been given to the City. The Consultant is also responsible for providing written notice to the City under the same terms and conditions. Upon issuance by the insurer, broker, or DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Exhibit B Page 29 of 30 agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits, the Consultant shall furnish the City with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for the City, the Consultant shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than fifteen (15) calendar days prior to the expiration date of the expiring policy. 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. 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. 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 shall require and verify that subcontractors maintain insurance meeting all the requirements stated herein and the Consultant shall ensure that the City, its officers, officials, employees, agents, and volunteers are additional insureds. The subcontractors' certificates and endorsements shall be on file with the Consultant, and the City, prior to commencement of any work by the subcontractor. DPW-S Eng. CSA, Long Form Total Fee – Contingency (11-2022) Exhibit C Page 30 of 30 EXHIBIT C DISCLOSURE OF CONFLICT OF INTEREST Vinland Park Futsal and Pickleball Courts 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 City, State, Zip ☐Additional page(s) attached. X X X X X X QK regularly performs work for both private and agency clients with the City of Fresno. This project would not conflict with any existing work in the City. June 15, 2023 Amber Aguayo Quad Knopf, Inc. dba QK 601 Pollasky Avenue, Suite 301 Clovis, CA 93612 Whites Bridge MapleBrawleyHerndon Bullard Shaw ClovisFowlerTemperanceWestPalmClovisFowlerTemperanceDe WolfShields McKinley Belmont ChestnutPeachAmerican CedarGrantlandHayesElmEastMarksWestWalnutCorneliaNorth California Jensen Ashlan GrantlandHayesCorneliaBrawleyMarksShaw Bullard Herndon Nees De WolfShields McKinley Belmont California Jensen North Kings Canyon AshlanPeachBehymer Copper Shepherd NeesBlackstoneFirstCedarChestnutGarfieldBryanPolkBlytheValentineVan NessFruitMaroaFresnoMillbrookMapleWillowDakota Clinton Olive Gettysburg Barstow Sierra Alluvial Nielsen Kearney Muscat Annadale Church WillowMinnewawaMalaga OrangeBryanSunnysideArmstrongLocanFigCherryHughesFruitPolkValentineBlytheAlluvial Sierra Barstow Perrin SunnysideArmstrongLocanClinton Olive Tulare Butler Church Annadale DakotaMinnewawaInternational Teague Vinland Park N 0 1.5 30.75 Miles Project ID: PC00351Council District: 4 Vinland Park Futsal and Pickleball Courts VICINITY MAP DEPARTMENT OFPUBLIC WORKS District 4 City_Limits N Woodrow AveN Woodrow AveE Gettysburg AveE Gettysburg Ave Copyright nearmap 2015 Vinland Park Futsal and Pickleball Courts LOCATION MAPN 0 80 16040 Feet DEPARTMENT OFPUBLIC WORKS Exhibit AVinland Park Legend Proposed Pickleball Court Vinland Park Accessible Path to Court 4695 E. Gettysburg Ave. Fresno CA 93726 Project ID: PC00351 Council District: 4 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-971 Agenda Date:6/22/2023 Agenda #: 1.-O. REPORT TO THE CITY COUNCIL FROM:SCOTT L. MOZIER, PE, Director Public Works Department BY:WILLIAM C. HERR, Assistant Director Public Works Department, Construction Management Division BRIAN KUJAWSKI, Senior Engineering Inspector Public Works Department, Construction Management Division SUBJECT Approve Contract Change Order No. 30 in the amount of $0.00 with Granite Construction Company for the Veterans Boulevard Grade Separation Project, Project ID PW00683 (Council District 2). RECOMMENDATION Staff recommends that City Council approve Contract Change Order No. 30 in the amount of $0.00 with Granite Construction Company for the Veterans Boulevard Grade Separation Project. EXECUTIVE SUMMARY Staff recommends City Council approval of Contract Change Order No. 30 for the Veterans Boulevard Grade Separation Project for work associated with the protection of an existing AT&T utility while constructing bridge columns, placement of slurry seal on Carnegie Avenue, and a reduction in the amount of contract bid item no. 2 - Mediator. Contract Change Order No. 30 results in a no cost change to the contract amount for the Veterans Boulevard Grade Separation Project. The Veterans Boulevard Grade Separation contract and Contract Change Order No. 30 are fully funded by the CHSRA under the HSR 16-57 funding agreement. BACKGROUND The Veterans Boulevard Project proposes a new super arterial roadway in northwest Fresno, which will include six travel lanes, a Class I bicycle lane/pedestrian trail on one side, Class II bicycle lanes on both sides and a partial cloverleaf interchange connecting State Route 99 and Veterans Boulevard. The project will include bridge structures for the overcrossing of State Route 99 and future Golden State Boulevard and one to cross over the existing UPRR tracks and the future HSR tracks. The City has broken up the overall Veterans Boulevard Project into five phases, due to funding availability, size and deliverability. All phases are now in construction or have been City of Fresno Printed on 6/29/2023Page 1 of 4 powered by Legistar™ 6/22/2023 NE/AP 6-0 LC ABSENT APPROVED ON CONSENT File #:ID 23-971 Agenda Date:6/22/2023 Agenda #: 1.-O. completed, with the overall project scheduled to be completed by the end of 2023. The Veterans Boulevard Grade Separation is one of the five phases and was delivered separately due to the coordination with the CHSRA and the State funding for the project.The City Council approved the cooperative funding agreement for the Veterans Boulevard Project with CHSRA on November 17,2016 in the amount of $28 million.The agreement allows for the City to construct the facility with the CHSRA to pay 100%of all construction costs including City bidding costs, construction management,inspection and testing.The agreement was amended in 2020 to include additional funding when the City awarded the construction contract for the Veterans Grade Separation,increasing the total contract to $29,845,500.The agreement was again amended in 2021 and 2022 to extend the term of the agreement. The first phase of the Veterans Boulevard Project,the Bullard Extension package,which was also funded by the CHSRA,was opened to traffic on September 24,2019.The Veterans Boulevard Grade Separation Project is the second phase of the overall project and the last phase needed to complete the HSR related work.The Veterans Boulevard Grade Separation is now open to traffic and includes two lanes of Veterans Boulevard;a bridge structure over the existing UPRR and future HSR tracks,and a roadway connection from Veterans Boulevard to future Golden State Boulevard.The project is currently at 100%completion of the original scope items.However,due to the coordination with CHSRA,UPRR and the adjacent business,contract work has progressed at a slower pace than expected in the original contract and the subsequent contract change orders.The Contractor has partnered with the City to work through the key coordination items.Contract Change Order No.30 provides a resolution for lost production working around an existing utility,placement of slurry seal to increase the life of the roadway on Carnegie Avenue,and reduces the amount of bid item no.2 resulting in a no cost change to the contract amount. On March 5,2020,the Contract was awarded in the amount of $20,038,376 to Granite Construction Company,for the Veterans Boulevard Grade Separation Project.The Notice to Proceed was issued with a starting date of May 20,2020,and a completion date of October 21,2020.There have been twenty-nine Contract Change Orders executed to date for a total amount of $2,181,902.39 and an increase in the Contract Time of three hundred and eleven working days (311),fifty-five (55) suspension days and thirty-seven (37)weather days for a net change of 10.9%of the original contract price.Contract Change Order No.30 increases the contract amount by $0.00,which equals a new net change of 10.9%of the original contract price,for the Veterans Boulevard Grade Separation Project. ENVIRONMENTAL FINDINGS On March 5, 2020, the City Council adopted findings pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15091 and 15093 as required by CEQA Guidelines Section 15096. Based upon these findings, it has been determined that a subsequent EIR is not required for this approval. The California Department of Transportation,as Lead Agency,prepared an EIR for the Veterans Boulevard/State Route Interchange Project/Veterans Boulevard Grade Separation Project,identified by SCH No.2010021054 (the “Veterans Boulevard EIR”).The Veterans Boulevard EIR was certified on June 16,2013,and analyzed several components of the Veterans Boulevard project,including but not limited to a new interchange at State Route 99 and Veterans Boulevard,grade separated City of Fresno Printed on 6/29/2023Page 2 of 4 powered by Legistar™ File #:ID 23-971 Agenda Date:6/22/2023 Agenda #: 1.-O. not limited to a new interchange at State Route 99 and Veterans Boulevard,grade separated crossings to connect Veterans Boulevard and Golden State Boulevard,the construction of Veterans Boulevard as a six-lane super arterial from West Shaw to Herndon Avenues,drainage basins,and landscaping. An analysis has been performed pursuant to CEQA Guidelines Section 15162 to determine whether subsequent environmental review is required for this project.Based upon this analysis the following findings were made to support the determination that no subsequent environmental review is required: 1.No substantial changes are proposed in the project which will require major revisions to the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects because the project is being implemented as planned. 2.No substantial changes occurred with respect to the circumstances under which the project was undertaken which will require major revisions to the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. 3.There is no new information,which was not known and could not have been known at the time of the previous EIR showing that: a. The project will have one or more significant effects not discussed in the previous EIR; b.Significant effects previously examined will be substantially more severe than shown in the previous EIR; c.Mitigation measures or alternatives previously found to be not feasible are now feasible and would substantially reduce one or more significant effects of the project. Based upon these findings, it has been determined that a subsequent EIR is not required the Project. LOCAL PREFERENCE Local preference is not applicable because the approval of a Contract Change Order does not entail a competitive bidding process. FISCAL IMPACT The Veterans Boulevard Project,which is located in Council District 2,will have no impact on the General Fund.The overall Veterans Boulevard Project is being funded through CHSRA funding, various types of Measure C funding,Regional Transportation Mitigation Impact Fees (RTMF),State and Federal grant funds and City of Fresno Development Impact Fees.This contract falls under the Veterans Boulevard Grade Separation Project scope and is included in the cooperative funding agreement with CHSRA. The overall cost associated with the contract change order is $0.00. Attachment: City of Fresno Printed on 6/29/2023Page 3 of 4 powered by Legistar™ File #:ID 23-971 Agenda Date:6/22/2023 Agenda #: 1.-O. Contract Change Order No. 30 City of Fresno Printed on 6/29/2023Page 4 of 4 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-1021 Agenda Date:6/22/2023 Agenda #:1.-P. 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 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 City of Fresno Printed on 6/29/2023Page 1 of 3 powered by Legistar™ 6/22/2023 MA/AP 7-0 R. 2023-190 AS AMENDED File #:ID 23-1021 Agenda Date:6/22/2023 Agenda #:1.-P. 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 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 City of Fresno Printed on 6/29/2023Page 2 of 3 powered by Legistar™ File #:ID 23-1021 Agenda Date:6/22/2023 Agenda #:1.-P. 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 6/29/2023Page 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 23-1009 Agenda Date:6/22/2023 Agenda #: 1.-Q. REPORT TO THE CITY COUNCIL FROM:NELSON ESPARZA, Councilmember District 7 SUBJECT Approval Donation Agreement between Olasunkanmi Stephen Fagbule, M.D. and the City of Fresno and Accept Donation of Clement Renzi’s “A Day in the Park” Sculpture RECOMMENDATION [If more than one recommendation pluralize] EXECUTIVE SUMMARY [Brief, 1-2 paragraphs; information stated here must be expanded in Background section; clear and concise so anyone understands action being requested] BACKGROUND [Include: Any prior history; “City Attorney has reviewed and approved to form,” if applicable; source of funding; appropriate regulation summary information] ENVIRONMENTAL FINDINGS [Include CEQA findings or state N/A] LOCAL PREFERENCE [N/A due to State and Federal money; N/A because it is more than ½ of 1%; or yes, state why] FISCAL IMPACT [Funding source, clarify whether General Fund is or is not impacted; appropriation authority already approved or an AAR is attached; if appropriate explain impact on other projects or timing of funding from other agencies; future obligations] Attachment: Agreement City of Fresno Printed on 6/29/2023Page 1 of 1 powered by Legistar™ NE/AP 6-0 LC ABSENT APPROVED ON CONSENT 6/22/2023 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-1010 Agenda Date:6/22/2023 Agenda #: 1.-R. REPORT TO THE CITY COUNCIL FROM:NELSON ESPARZA, Councilmember District 7 SUBJECT ***RESOLUTION - Directing City of Fresno Administration to Display Clement Renzi’s “A Day in the Park” Sculpture at the Fresno Yosemite International Airport (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] Attachment: Resolution City of Fresno Printed on 6/29/2023Page 1 of 1 powered by Legistar™ 6/22/2023 NE/AP 6-0 LC ABSENT R. 2023-191 APPROVED ON CONSENT 1 of 4 Date Adopted: Date Approved: Effective Date: City Attorney Approval: ______ Resolution No. ____________ RESOLUTION NO. ____________ A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, DIRECTING CITY OF FRESNO ADMINISTRATION TO DISPLAY CLEMENT RENZI’S “A DAY IN THE PARK” SCULPTURE AT THE FRESNO- YOSEMITE AIRPORT WHEREAS, Clement Renzi was born in Farmersville, California in 1925 and attended U.C. Berkeley and the Academy of Applied Arts in Vienna, Austria; and WHEREAS, Clement Renzi was a renowned local American sculptor whose figurative works depict people, human relationships, animals, and birds and have been popular with collectors in more than 60 public venues including many here in the Central Valley; and WHEREAS, in 1981, Renzi created a 288-tile terracotta relief depicting community members and families enjoying a park called “A Day in the Park” in a 288 square-foot mural; and WHEREAS, “A Day in the Park” has been donated to the City of Fresno, and WHEREAS, the City of Fresno (City) values works of art and cultural endeavors, and prioritizes making artistic works of art and assets publicly accessible to the community, future generations, and visitors to the region; and WHEREAS, the City Council (Council) desires to display “A Day in the Park” at the Fresno Yosemite International Airport as part of the airports impending 10.3-acre expansion project, recently approved by Council; and WHEREAS, the Fresno Yosemite International Airport promotes a welcoming environment for passengers to relax and enjoy the artistic talents found in California’s rich 2 of 4 and culturally diverse Central Valle and maintains a vibrant arts and culture program designed to enrich traveler experience through contemporary art, musical perfo rmances, and other cultural activities; and WHEREAS, the Fresno Yosemite International Airport is a safe and secure location to display and maintain works of art; and WHEREAS, in 2022, 2.1 million passengers passed through the Fresno Yosemite International Airport, representing an 11% increase from the previous record set in 2021, when 1.94 million passengers flew in and out of the airport, and breaking the record for most passengers, previously set in 2019; and WHEREAS, hundreds of thousands of more passengers will past through the Fresno Yosemite International Airport when the expansion is complete; and WHEREAS, Fresno Yosemite International Airport Director Henry Thompson reported to the Fresno City Council on the June 5, 2023, Fresno Yosemite International Airport budget presentation hearing that the airport expansion could potentially house the Renzi “A Day in the Park”; and WHEREAS, the Renzi family has been consulted in the relocation, restoration, and future placing of the “A Day in the Park Sculpture”; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as follows: 1. The Council of the City of Fresno directs the Administration to find a suitable location at the Fresno Yosemite International Airport to display the “A Day in the Park” sculpture with preference being within the new terminal expansion. 3 of 4 2. When a suitable location is found at Fresno Yosemite International Airport, the Council of the City of Fresno directs the Administration to logistically coordinate with the City Attorney’s Office to permanently display the “A Day in the Park” sculpture. 3. The City of Fresno City Attorney’s Office’s budget for abatement and demolition shall continue to fund and facilitate the preservation, restoration, reconstruction of the “A Day in the Park” sculpture. 4. Per contractual obligation, the City shall display a plaque or name plate at the location where the “A Day in the Park” sculpture is installed which shall indicate that the donation was made to the City by “Pastors (Drs) Steve and Kemi Fagbule.” 5. In the event a suitable location cannot be found at the Fresno Yosemite International Airport, the Council directs Administration to return to the City Council for further direction on a new placement. 6. 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 : 4 of 4 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 23-985 Agenda Date:6/22/2023 Agenda #: 1.-S. 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 6/29/2023Page 1 of 1 powered by Legistar™ 6/22/2023 NE/AP 6-0 LC ABSENT R. 2023-192 APPROVED ON CONSENT NOT SUBJECT TO MAYOR'S VETO 1 of 3 Date Adopted: Date Approved: Effective Date: City Attorney Approval: ______ Resolution No. ____________ RESOLUTION NO. ____________ A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, STRONGLY URGING THE STATE CENTER COMMUNITY COLLEGE DISTRICT TO NAME THE FUTURE FRESNO REGIONAL FIRE TRAINING CENTER AS THE “CHIEF KERRI DONIS REGIONAL FIRE TRAINING CENTER” WHEREAS, the future Regional Fire Training Center in Fresno does not currently have a formal designation; and WHEREAS, Former Fresno Fire Chief Kerri Donis dedicated her life to this community and its residents; and WHEREAS, Former Chief Donis joined the Fresno Fire Department as an entry- level firefighter in 1996 and moved up the ranks serving as a firefighter for almost 30 years, and WHEREAS, Former Chief Donis holds a master’s degree in Organizational Leadership, a bachelor’s degree in Exercise Science, and an associate degree in Fire Science, and WHEREAS, Former Chief Donis was credentialed as a Chief Fire Officer, Executive Fire Officer, and a California State Fire Marshal Chief Officer, and WHEREAS, Former Chief Donis was Fresno Fire Department’s first female fire chief serving for eight years managing nearly 350 employees and overseeing a department budget of over $75 million; and WHEREAS, Former Chief Donis is an inspiration to young girls in the Central Valley through her creation of a camp for girls known as the Chief Kerri Donis Girls Empowerment Camp, and 2 of 3 WHEREAS, Former Chief Donis was named a Top Dog Alumna by the Fresno State Alumni Association on behalf of Fresno State’s Department of Athletics where she played softball between 1987 and 1990. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as follows: 1. The City Council strongly urges the State Center Community College District to name the future Regional Fire Training Center in Fresno after the “Chief Kerri Donis Regional Fire Training Center”. 2. That this resolution is not exempt from the 2020-272 Council Resolution requiring review by the Historic Preservation Commission and that the naming will be contingent upon said commission completing the appropriate vetting process. 3. This resolution shall be effective upon final approval. 3 of 3 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 23-984 Agenda Date:6/22/2023 Agenda #:A. REPORT TO THE CITY COUNCIL FROM:TJ MILLER, Interim Director Personnel Services Department SUBJECT ***RESOLUTION - Adopt the FY 2024 Salary Resolution (Subject to Mayor’s veto) City of Fresno Printed on 6/29/2023Page 1 of 1 powered by Legistar™ 6/22/2023 TM/AP 7-0 R. 2023-183 REPORT TO THE CITY COUNCIL FROM: TJ MILLER, Interim Director Personnel Services Department SUBJECT ..Title ***RESOLUTION - Adopt the Fiscal Year 2024 Salary Resolution (Subject to Mayor’s veto) ..Body RECOMMENDATION It is recommended that the City Council adopt the Fiscal Year 2024 Salary Resolution. EXECUTIVE SUMMARY The proposed Fiscal Year 2024 Salary Resolution includes a number of changes that are cleanup in nature, updates consistent with state law, and other modifications. BACKGROUND The Salary Resolution of the City of Fresno establishes rules for the application of City employee compensation rates and schedules and related requirements, as well as exhibiting the monthly compensation rates which have already been authorized by the City Council. Except where there is conflict with a Memorandum of Understanding or Terms and Conditions of Employment, the provisions contained in the Salary Resolution shall apply. Each year the Salary Resolution is reviewed and updated to reflect any changes in law, increases to minimum wage when applicable, other salary adjustments, language revisions to ensure clarity of respective provisions, and other modifications. The following summarizes the significant changes proposed for the Fiscal Year 2024 Salary Resolution: Section 8. MANAGEMENT LEAVE (formerly “Administrative Leave”)/SUPPLEMENTAL MANAGEMENT LEAVE Clarification that remaining Management Leave balances will be automatically transferred to the Special HRA Bank at the end of the fiscal year if not used or transferred by the employee. Section 14. PROFESSIONAL CERTIFICATE AND LICENSE PAY Add certificate pay of $300 per month for eligible employees who possess an American Institute of Certified Planners Certification. Section 16. BENEFITS FOR FULL-TIME EMPLOYEES OCCUPYING PERMANENT POSITIONS IN EXHIBIT 2 Subsection F. HRA: Updated to codify that the HRA value includes hours in the Special HRA Bank at 80% of the employee’s then current hourly rate. SECTION 17. COMPENSATION FOR FULL-TIME EMPLOYEES OCCUPYING PERMANENT POSITIONS IN EXHIBIT 2 Subsection G. Deferred Compensation: Modify benefit from an employer reimbursement of $75 per month for employees in Executive Pay Ranges E5 – E22 who are enrolled in the plan and contribute at least $75, to an employer contribution directly into the employee’s Deferred Compensation account for enrolled employees regardless of whether the employee contributes. Employees currently receiving the reimbursement will be transitioned to a direct employer contribution effective August 1, 2023. Section 18. BENEFITS FOR POLICE CADETS, PERMANENT PART-TIME EMPLOYEES, AND BENEFITS AND TERMS AND CONDITIONS FOR PERMANENT AIRPORT PUBLIC SAFETY OFFICERS AND PERMANENT AIRPORT PUBLIC SAFETY SUPERVISORS Subsection C.: New subsection to codify benefits for Limited employees. Subsection D. Use of Protected Sick Leave for Police Cadets and Permanent Part- Time Employees: Updated to reflect requirements of state law. Section 21. BEREAVEMENT LEAVE Updated pursuant to modifications to state law requiring employers to provide five days of Bereavement Leave to employees. Exhibit 2. Unit 2 – Non-Represented Management and Confidential Classes Add a new classification of Veterinarian with an E4 Executive Pay Range. Move the Budget Manager classification from the E5 Executive Pay Range to the E7 Executive Pay Range. Move the Principal Budget Analyst from the E7 Executive Pay Range to the E12 Executive Pay Range. Delete invalid probationary period for the classifications of Budget Analyst, Internal Auditor, and Payroll Accountant. Salary Range Minimum: No change to the minimum for twelve classes, and adjustments to the minimum for 57 classes ranging from 2.5% to 25% which results in five employees receiving an adjustment of an average of 2.1% to move them to the new minimum. Salary Range Maximum: Adjusted by 5% for all classes which does not result in automatic increases for any employee. Exhibit 14. Unit 14 – Management Classes (CFMEA) Retitle the classification of Recreation Manager to PARCS Operations Manager In addition to the above, there are a number of non-substantive language changes that are cleanup in nature throughout the document. The City Attorney’s Office has approved the FY 2024 Salary Resolution as to form. ENVIRONMENTAL FINDINGS By the definition provided in the California Environmental Quality Act Guidelines Section 15378 this item does not qualify as a “project” and is therefore exempt from the California Environmental Quality Act requirements. LOCAL PREFERENCE Local preference is not implicated because this item does not involve public contracting or bidding with the City of Fresno. FISCAL IMPACT Approval of the FY 2024 Salary Resolution will result in increased salary expenses of approximately $8,600 annually to the General Fund and All Funds to bring five employees in Exhibit 2 to the new minimum of the salary range. Attachments: FY 2024 Salary Resolution – Redline FY 2024 Salary Resolution – Final Date Adopted: Date Approved: Effective Date: 11-17-20227/1/2023 City Attorney Approval: Fiscal Year 2023 2024 Salary Resolution Resolution No. 2022-152 Fiscal Year 20232024 (July 1, 2022 2023 – June 30, 20232024) Salary Resolution Personnel Services Department TABLE OF CONTENTS SECTION 1. SPECIAL PROVISIONS APPLICABLE TO ALL CLASSES ............................... 1 SECTION 2. SALARY STEP PLAN AND EXECUTIVE PAY RANGE PLAN .......................... 1 SECTION 3. RATES OF PAY ................................................................................................. 5 SECTION 4. EXEMPT JOB CLASSES ................................................................................... 6 SECTION 5. WAGES, OVERTIME AND SICK LEAVE FOR TEMPORARY EMPLOYEES .... 6 SECTION 6. FLEXIBLE STAFFING ........................................................................................ 7 SECTION 7. ALTERNATE WORK SCHEDULE FOR EMPLOYEES IN EXHIBIT 2 ............... 7 SECTION 8. MANAGEMENT LEAVE (formerly “Administrative Leave”)/SUPPLEMENTAL LEAVE................................................................................................................ 8 SECTION 9. ANNUAL LEAVE FOR EMPLOYEES IN EXHIBIT 2 ........................................ 10 SECTION 10. HOLIDAYS FOR EMPLOYEES IN EXHIBIT 2 ................................................. 11 SECTION 11. SUPPLEMENTAL SICK LEAVE FOR EMPLOYEES ....................................... 12 SECTION 12. MANAGEMENT TIME OFF FOR EMPLOYEES IN EXHIBIT 2 ........................ 13 SECTION 13. SALARY RATES .............................................................................................. 13 SECTION 14. PROFESSIONAL CERTIFICATE AND LICENSE PAY .................................... 13 SECTION 15. BILINGUAL CERTIFICATION PROGRAM FOR EMPLOYEES OCCUPYING PERMANENT CLASSES ............................................................................... 144 SECTION 16. BENEFITS FOR FULL-TIME EMPLOYEES OCCUPYING PERMANENT POSITIONS IN EXHIBIT 2 ............................................................................. 156 SECTION 17. COMPENSATION FOR FULL-TIME EMPLOYEES OCCUPYING PERMANENT POSITIONS IN EXHIBIT 2 ...................................................... 188 SECTION 18. BENEFITS FOR POLICE CADETS, PERMANENT PART-TIME EMPLOYEES, AND BENEFITS AND TERMS AND CONDITIONS FOR PERMANENT AIRPORT PUBLIC SAFETY OFFICERS AND PERMANENT AIRPORT PUBLIC SAFETY SUPERVISORS .............................................................. 2020 SECTION 19. CONVERSION OF LEAVES WHEN CHANGING BARGAINING UNITS ....... 344 SECTION 20. SPECIAL PROVISIONS FOR EMPLOYEES ON LEAVE FOR MILITARY SERVICE ....................................................................................................... 365 SECTION 21. BEREAVEMENT LEAVE................................................................................ 365 SECTION 22. LEAVE INTEGRATION WITH STATE DISABILITY INSURANCE (SDI) FOR NEW EMPLOYEES AND EMPLOYEES TRANSITIONING FROM A BARGAINING UNIT WITH SDI; LEAVE INTEGRATION WITH THE CITY’S LONG TERM DISABILITY INSURANCE PLAN ............................................. 376 SECTION 23. SALARIES FOR EMPLOYEES IN EXHIBIT 2, EXHIBIT 8, AND PERMANENT PART-TIME EMPLOYEES WHILE ABSENT DUE TO INJURY IN THE LINE OF DUTY ....................................................................................................... 387 SECTION 24. BENCHMARKING DELETED CLASSIFICATIONS AND PAY STEPS .......... 387 SECTION 25. TEMPORARY EMPLOYMENT OF CITY RETIREE ....................................... 398 SECTION 26. RECRUITMENT AND RETENTION INCENTIVE ........................................... 398 SECTION 27. UNUSUAL CIRCUMSTANCES ...................................................................... 421 SECTION 28. CONFLICTING RESOLUTIONS .................................................................... 421 SECTION 29. RESOLUTION EFFECTIVE DATE ................................................................. 421 Resolution No. 2022-152 FY 23 24 Salary Resolution Page 1 RESOLUTION NO. 2022-152 A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO ESTABLISHING RULES FOR THE APPLICATION OF CITY EMPLOYEE COMPENSATION RATES AND SCHEDULES AND RELATED REQUIREMENTS, AND ESTABLISHING COMPENSATION RATES AND SCHEDULES FOR FISCAL YEAR 20232024 NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Fresno, as follows: SECTION 1. SPECIAL PROVISIONS APPLICABLE TO ALL CLASSES The rules set forth in this resolution constitute special provisions applicable to all classes of employment in the City service. If any provision(s) of a Memorandum of Understanding (hereafter “MOU”) or Terms and Conditions of employment (hereafter “T & C”) adopted and approved by the Council under Article 6, Chapter 3 of the Fresno Municipal Code (hereafter “FMC”) or employment agreement that is authorized and in compliance with Article V of the City of Fresno Transparency in Government Act and currently in effect, is clearly and specifically in conflict with any rule contained in this resolution, the provision in such MOU, T & C, or employment agreement shall prevail. SECTION 2. SALARY STEP PLAN AND EXECUTIVE PAY RANGE PLAN The step plan of each salary range shall be applied and interpreted as follows for permanent and probationary employees appointed to permanent positions: A. The first step shall be the minimum rate and shall normally be the hiring rate for the class. In a case where it is difficult to secure a qualified person or if a person of unusual qualifications is engaged, the City Manager, City Attorney, City Clerk, or Retirement Administrator, or their designees, as appropriate for their respective areas of authority, after receiving the recommendation of the Director of Personnel Services, may approve appointment above the first step. B. The second step shall be paid upon the completion of six (6) months of paid status at the first step. C. The third step shall be paid upon the completion of one (1) year of service at the second step. D. Each subsequent step shall be paid upon completion of one (1) year of service at the prior step. E. Progression to successive steps in the salary range shall be automatic with two exceptions. 1. Exception 1; Following and unsatisfactory performance evaluation, a step progression may be delayed by the appointing authority for not more than six (6) months and more than six (6) months only with approval of the City Manager, City Resolution No. 2022-152 FY 23 24 Salary Resolution Page 2 Attorney, City Clerk, or Retirement Administrator, or their designees, as appropriate for their respective areas of authority. 2. Exception 2; an An off cycle or an accelerated step advancement may occur upon recommendation of the appointing authority and the Director of Personnel Services whenever an employee exhibits unusual merit as demonstrated in an employee performance evaluation. E.F. Six (6) months of service equals 1,040 hours of service, and one (1) year of service equals 2,080 hours of service, except where employees work a 56 hour-hour workweek, six (6) months of service equals 1,456 hours of service, and one (1) year of service equals 2,912 hours of service. F.G. Employees who are reinstated in accordance with FMC Section 3-292, who were not at the top step prior to layoff or demotion, will be credited with paid time previously worked at the step at time of layoff or demotion. The next step increase date will be adjusted accordingly upon reinstatement. Any time missed due to mandatory furloughs shall count as paid time. G.H. An employee who is selected to fill a reclassified position pursuant to FMC Section 3- 209 (b), or who is promoted from one class to another having a higher salary range, shall be adjusted to the lowest step in the salary range of the new class, which is at least three and one-half percent (3.5%) higher than the rate received in the employee’s former class. If such an increase would require a payment greater than the highest step, then the highest step shall be paid. An employee in Exhibit 7 who is appointed to a position in a class having a salary range shall be promoted according to the foregoing provisions to the nearest step, but not exceeding the top step, in the new class range after adding five percent (5%) to the employee’s salary rate. H.I. When a class is assigned a new salary range, the salary of an employee in such class shall be adjusted to the same relative step in the new salary range, and such adjustment shall not alter the employee’s anniversary date for purposes of future step increases in the class. I.J. A permanent employee, assigned to a higher class on a limited, interim or provisional basis, and who is entitled to the rate of pay for such higher class, shall be paid in the same manner as provided for promotion in Section 2, subsection F above. J.K. If an employee is receiving compensation above the highest step of the range, the employee’s present rate shall be continued as an approved additional step rate for the class (“Y-rated”), until the highest step is greater than the Y rate, but no other employee may be adjusted to this rate, and it shall no longer be in effect after the incumbent vacates the classification. K.L. Except as noted in Section 2, subsection E above, step increases shall become effective immediately upon completion of required service. For purposes of this section, any Resolution No. 2022-152 FY 23 24 Salary Resolution Page 3 employee who is absent without pay, excluding statutorily protected leave such as, but not limited to leaves taken under the Family and Medical Leave Act (FMLA), the California Family Rights Act (CFRA), Pregnancy Disability Leave (PDL), and Military Leave, for the number of hours specified below while on any single step in a range shall not be considered to have been on paid status for the number of calendar weeks shown, and advancement to the next step shall be delayed by such number of calendar weeks: At least But less than Calendar Weeks delayed 1 hour 40 hours None 40 hours 120 hours 2 120 hours 200 hours 4 200 hours 280 hours 6 280 hours 360 hours 8 360 hours 440 hours 10 For purposes of this section, leave without pay, in reference to step advancement, shall be adjusted appropriately for 56-hour employees: At least But less than Calendar Weeks delayed 1 hour 56 hours None 56 hours 168 hours 2 168 hours 280 hours 4 280 hours 392 hours 6 The number of additional weeks by which advancement to the next step shall be delayed shall be calculated in the same manner as those respective formulas specified herein. Such delay shall cause a change in the employee’s anniversary date for purposes of future step increases in the class. L.M. Transfer to a different classification with the same salary range and in which no salary change occurs, shall result in a new anniversary date upon which advancement to the next step shall be calculated, or merit increase shall be considered. M.N. In lieu of a Salary Step Plan, an Executive Pay Range Plan with a maximum and minimum pay has been established for classes as set forth in Exhibit 2. 1. For employees who separated from City service prior to July 1, 2015: a. The salary for each employee in the executive pay ranges and the salary range for each class within such ranges shall be established by the City Manager or designee. Resolution No. 2022-152 FY 23 24 Salary Resolution Page 4 The City Manager or designee shall promulgate such rules and regulations deemed appropriate in the implementation and administration of this subsection. For purposes of calculating retirement benefits for any employee in a class in the Executive Pay Range Plan who has left City service after five (5) years of service, but prior to attaining an age sufficient for service retirement, and who has elected to leave contributions in the retirement system, retirement benefits shall be calculated as follows: The employee’s salary at the time of separation from employment with the City shall be compared to the control point in existence at the time of separation for the class from which the employee is retiring. Retirement benefits (based on monthly salary only) shall be calculated using the same relationship the employee’s salary bore to the control point at the time of separation as it would bear to the control point at the time of retirement. As an example only, if an employee’s salary at the time of separation was five percent (5%) below the control point for the class, then the benefit at retirement would be based on that amount, which would be five percent (5%) below the control point for that class at the time of retirement, subject to the applicable provisions of the retirement system regarding years of service, compensation earnable, and so on. 2. For employees in Exhibit 2, who separate from City service on or after July 1, 2015: a. The salary for each executive employee in the executive pay ranges and the salary range for each class within such ranges shall be established by the City Manager or designee. The City Manager or designee shall promulgate such rules and regulations deemed appropriate in the implementation and administration of Section 2, Subsection (P)(2)(b) below. b. For purposes of calculating Compensation Earnable as defined in FMC 3- 501, any employee in the City of Fresno Employees Retirement System (hereafter “System”) in a class in the Executive Pay Plan who separates from City service and elects to remain a member of the System shall have their Compensation Earnable calculated as follows: Beginning July 1 following the date the Deferred Vested Member separates from City service, the Member’s Compensation Earnable at the time of separation shall be indexed with the Consumer Price Index (hereafter “CPI”) – United States City Average for Urban Wage Earners and Clerical Workers -- all items (i.e., general price inflation) and the Employment Cost Index – State & Local Government Workers for Wage Inflation (i.e., across the board pay increases) for State and local government employees, as published by the Bureau of Labor Statistics of the United States Department of Labor. Determination of the percentage of annual increase or decrease in CPI and Employment Costs for wage inflation shall be made by the Retirement Board Resolution No. 2022-152 FY 23 24 Salary Resolution Page 5 on or before April 1 of each year for each of the two immediately preceding calendar years. The percentage by which such indexes for the more recent full calendar year shall have increased or decreased over or below indexes for the full calendar year immediately prior shall be the percentage used to calculate adjustments to Compensation Earnable with the following exceptions: banking shall not be applied nor shall the sum of accumulated CPI and Employment Costs adjustments plus Compensation Earnable fall outside the Executive Pay Range approved by the City Council each fiscal year. This process will continue each July 1 until the Deferred Vested Member elects to begin receiving the retirement benefit. This adjusted Compensation Earnable shall be used in the Member’s final compensation for the calculation of the retirement benefit. If a Deferred Vested Member held more than one position during their highest three consecutive years, the Compensation Earnable in each position shall be allocated on a time held, pro-rata basis and the combined adjusted Compensation Earnable, including adjustments due to CPI and Employment Costs for wage inflation, shall be used in the Member’s final compensation for the calculation of the retirement benefit. c. System members who retire or enter the Deferred Retirement Option Program (hereafter “DROP”) or retire not having entered DROP on or after July 1, 2015, shall have any previously held Executive Pay Range salaries determined in accordance with Section 2, Subsection (P)(2)(b). d. System members who retire or enter DROP or retire not having entered DROP on or after July 1, 2015, who vacated a Unit 14 class before January 6, 2020, and thereafter does not return to said class before entering DROP or retiring not having entered DROP, shall have any previously held Executive Pay Range salaries determined in accordance with Section 2, Subsection (P)(2)(b). N.O. Except where provided in this subsection, temporary assignment to perform the duties of absent employees shall be in accordance with FMC Section 3-260. After any employee holding a permanent position in Exhibit 2 has completed 40 hours of service in a higher class the employee shall thereafter be paid at the rate of pay of the higher class while so assigned. An employee who has held permanent status in the higher class prior to such assignment shall not be required to complete the qualifying period of service set forth above and shall be paid for the entire duration of the assignment to the higher class at the rate of pay of the lowest step in the salary range of the higher class, which must be at least three and one-half percent (3.5%) higher than the rate received in the employee’s regular class assignment. If the three and one-half (3.5%) increase requires a payment greater than the highest step, then the highest step shall be paid. SECTION 3. RATES OF PAY Resolution No. 2022-152 FY 23 24 Salary Resolution Page 6 Rates of pay provided for by a resolution establishing or approving such salaries are fixed on the basis of dollars per month or full-time service in full-time positions unless otherwise clearly indicated. Salaries shown are the base rate of pay for each respective job classification. The hourly rate of pay is calculated by multiplying the monthly rate of pay by 12 and dividing by 2,080, except that the hourly rate of pay for employees whose schedule is 56 hours per week is calculated by multiplying the monthly rate of pay by 12 and dividing by 2,912. SECTION 4. EXEMPT JOB CLASSES Employees in classes listed as exempt in any exhibit attached to this salary resolution whose job codes are marked with an “e” shall not be entitled to payment or compensatory time off for overtime as provided for in the rules and regulations of the Fair Labor Standards Act (hereafter “FLSA”). In accordance with the rules and regulations of the FLSA, the base salary of exempt employees shall not be reduced due to variations in the quality or quantity of the work performed. Deductions from the salary of exempt employees are allowed only for those certain circumstances which are set forth in the applicable FLSA regulations. Employees exempt from overtime shall not be subject to deductions for Leave Without Pay in increments of less than a work day or shift. Employees with qualified medical restrictions may be temporarily placed on a part-time basis and will receive the pro-rated salary during the time of restriction. SECTION 5. WAGES, OVERTIME AND SICK LEAVE FOR TEMPORARY EMPLOYEES A. Temporary employees shall be paid on an hourly basis for the hours actually worked, subject to the provisions of Section 4 above and/or the FLSA, which provides for overtime compensation for hours worked in excess of 40 per workweek. Any such employee in a class having a monthly salary rate shall be paid an hourly rate that is converted from the monthly salary for that class pursuant to Section 3. B. Sick Leave for Temporary Employees: 1. Temporary employees will earn one (1) hour of Sick Leave for every thirty (30) hours of work, including overtime. This accrual will begin on the first day of employment. Sick Leave Accruals will be capped at forty-eight (48) hours. Sick Leave may be carried over from year to year. 2. Temporary employees will be eligible to use Sick Leave on the ninetieth (90th) day of employment. 3. Sick Leave can be used for: a. Diagnosis, care, or treatment of an existing health condition of, or preventive care for, an employee; Resolution No. 2022-152 FY 23 24 Salary Resolution Page 7 b. Diagnosis, care, or treatment of an existing health condition of, or preventive care for an employee’s parent (a biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child), child (a child, which for purposes of this article means a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis - this definition of a child is applicable regardless of age or dependency status), spouse, registered domestic partner, sibling, grandparent, or grandchild; or, c. For an employee who is a victim of domestic violence, sexual assault, or stalking, the purposes described in Labor Code Section 230(c) and Labor Code Section 230.1(a). 4. Protected Sick Leave for Temporary Employees a. Temporary employees will accumulate and be able to use Sick Leave in accordance with AB1522, Healthy Workplace Healthy Family Act of 2014 (i.e., Labor Code §§245 et seq.) b. Temporary employees may use up to three (3) days as Protected Sick Leave or twenty-four (24) hours, whichever is greater, in each fiscal year (July 1 through June 30). 5. Temporary employees who leave City employment and return within one (1) year from the date of separation will have unused Sick Leave accruals restored up to forty- eight (48) hours. SECTION 6. FLEXIBLE STAFFING An employee holding a permanent position in any class in a group of classes designated as flexibly staffed may be appointed to a higher class in that group, provided that the employee meets the minimum requirements, the essential duties are being satisfactorily performed, and the department director recommends such appointment. SECTION 7. ALTERNATE WORK SCHEDULE FOR EMPLOYEES IN EXHIBIT 2 A 4/10 or 9/80 work schedule may be implemented in any department, division, or work unit, upon approval of the City Manager, City Attorney, City Clerk, or Retirement Administrator, or their designees, as appropriate for their respective areas of authority. Each 4/10 work schedule will consist of a total of 40 scheduled hours of actual work time per workweek. The workweek begins at 12:01 a.m. Monday and ends at Midnight on Sunday. Each 9/80 work schedule will consist of eight 9-hour shifts, one 8-hour shift, and one day off per 14-day period broken down into two 40-hour per week FLSA workweeks. All employees working a 9/80 work schedule shall have an FLSA workweek, which begins four (4) hours after the start Resolution No. 2022-152 FY 23 24 Salary Resolution Page 8 time of the day of the week, which constitutes the employee’s alternating day off. This shall be an 8-hour shift. The workweek shall end exactly 168 hours later. Employees working a 4/10 or 9/80 work schedule shall have the following exceptions for the holiday benefit apply: A. Holidays: 1. Employees on a 4/10 or 9/80 work schedule shall receive 11 12 holidays of eight (8) hours. An employee who is off on a holiday, which is a regular work day, shall receive eight (8) hours pay for the holiday. Employees in non-exempt classifications who are off on a holiday which is a regular work day must either take two (2) hours Vacation Leave, Annual Leave, Holiday Leave, or Management Leave if on a 4/10 schedule, or one (1) hour Vacation, Annual, Holiday, or Management Leave if on a 9/80 schedule and the holiday falls on a 9-hour shift. 2. Employees on a 4/10 or 9/80 work schedule who are regularly scheduled to work, and do work on a holiday, which is a regular work day, shall receive eight (8) hours of Holiday Leave. When a holiday falls on an employee’s day off, such employee shall receive eight (8) hours of Holiday Leave. B. For employees participating in the Annual Leave Plan, the following rules shall apply: 1. Employees shall accumulate the same number of hours of Annual Leave per month as under a 5/8 work schedule. Annual Leave will be granted for the actual number of hours absent. C. For employees not participating in the Annual Leave Plan, the following rules shall apply: 1. Sick Leave: Employees shall accumulate eight (8) hours of Sick Leave per month, and receive Sick Leave pay for the actual number of hours absent, provided the employee has a sufficient balance of Sick Leave hours. 2. Vacation Leave: Employees on a 4/10 or 9/80 work schedule shall accumulate the same number of hours Vacation Leave per month as under a 5/8 work schedule. Vacation Leave will be granted for the actual number of hours absent, provided the employee has a sufficient balance of Vacation Leave hours. SECTION 8. MANAGEMENT LEAVE (formerly “Administrative Leave”)/SUPPLEMENTAL MANAGEMENT LEAVE A. For exempt employees in Exhibit 2, Management Leave shall be granted as follows: 1. Full-time employees appointed to permanent positions in classes who are not entitled to payment or equivalent compensatory time off for overtime work (as described in Section 4 above), shall be granted Management Leave as provided in this subsection 1. Eighty (80) hours shall be credited to employees in the E1- E5 Executive Pay Range on the first day in July of each fiscal year. Effective Resolution No. 2022-152 FY 23 24 Salary Resolution Page 9 November 21, 2022, employees in the E1-E5 Executive Pay Range shall be credited with a prorated balance of the 80 hours for each full calendar month remaining in the fiscal year. For all other exempt employees in Exhibit 2, sixty (60) hours shall be credited to employees on the first day in July of each fiscal year. Upon their employment by the City, new employees appointed in such positions shall be credited with the applicable prorated balance of Management Leave for each full calendar month remaining in such appointment in the fiscal year, including full-time employees in limited or provisional appointments. 2. Unused Management Leave will not be carried over to the next fiscal year. Employees in E1-E5 Executive Pay Ranges may request payment and be compensated for up to sixty (60) hours of Management Leave during the fiscal year in which it is credited. All other employees in Exhibit 2 may request payment and be compensated for up to forty-eight (48) hours of Management Leave during the fiscal year in which it is credited. All such requested payments will be subject to rules established by the City Manager, City Attorney, City Clerk, or Retirement Administrator, as appropriate for their respective areas of authority. Employees shall be compensated for any Management Leave balance, not to exceed eighty (80) hours, upon termination from City service. 3. Management Leave shall be scheduled at the convenience of the department. Approval by the City Manager or designee must be obtained before an appointing authority appointed by the City Manager may take such leave. B. For exempt employees in Exhibit 2, Supplemental Management Leave shall be granted as follows: (a) The City Manager, City Attorney, City Clerk, or Retirement Administrator, as appropriate for their respective areas of authority, may grant up to an additional thirty-two (32) hours per fiscal year on July 1st of Supplemental Management Leave for employees in the E1-E5 Executive Pay Range. (b) The additional Supplemental Management Leave granted cannot be cashed out by employees. (c) At the employee’s option, up to thirty-two hours (32) of the additional Supplemental Management Leave per fiscal year may be transferred to a Special HRA Bank to be credited to an HRA account for eligible employees upon service retirement at eighty percent (80%) of the employee’s current hourly base rate of pay at the time of retirement. Hours in the Special HRA bank may not be used as leave time and cannot be cashed out. There will be no cash out or transfer of hours in the Special HRA bank for employees who are not eligible to participate in the HRA upon retirement or upon separation of employment. Employees must remain in an E1-E5 Executive Pay Range in order to retain hours credited to the Special HRA Bank. Employees who do not remain in an E1-E5 Executive Pay Range for any reason will cease getting credit of Special HRA bank hours and shall no longer accrue additional Supplemental Management Leave. Resolution No. 2022-152 FY 23 24 Salary Resolution Page 10 (d) Interim and provisional appointments to classifications in E1-E5 Executive Pay Range are not eligible for the Supplemental Management Leave. Supplemental Management Leave not used by the end of each fiscal year will be automatically transferred to the Special HRA Bank. C. For employees in Non-Exempt classifications, Management Leave shall be as follows: Full-time employees in non-exempt classifications who are in limited or provisional appointments to exempt classifications, shall receive five (5) hours of Management Leave for the exempt classification for each full month of such provisional or limited appointment. Employees must use the Management Leave in accordance with applicable provisions in appropriate MOUs or T & Cs, and if applicable, Section 8.A.1. above. SECTION 9. ANNUAL LEAVE FOR EMPLOYEES IN EXHIBIT 2 For employees on a forty (40) hour work schedule, the Annual Leave Plan shall be as follows: 1. Annual Leave Accrual – a. Less than Ten (10) Years – For such employees who have been continuously employed by the City for less than ten (10) years in permanent positions, the Annual Leave accrual rate will be 15.5 hours for each completed calendar month of employment. In the event the City agrees to a higher Annual Leave accrual rate for members of recognized labor organizations who participate in the City of Fresno Employees’ Retirement System, the City will increase the Annual Leave accrual rate to the same level for employees in Exhibit 2. More than Ten (10) Years – For such employees who have been continuously employed by the City for ten (10) years or more in permanent positions, the Annual Leave accrual rate will be 18.83 hours for each completed calendar month of employment. In the event the City agrees to a higher Annual Leave accrual rate for members of recognized labor organizations who participate in the City of Fresno Employees’ Retirement System, the City will increase the Annual Leave accrual rate to the same level for employees in Exhibit 2. b. Accumulation Limit – The accumulation of unused Annual Leave will not exceed 1,300 hours for employees in Executive Pay ranges E1 through E4; 1,100 hours for employees in the E5 range; and 840 hours for employees in the, E6, E7, E8, E10, E11, E12, E13, E15, E16, E17, E19, E20, E21 and E22 ranges. In the event an employee has an Annual Leave balance over the limits listed above, accruals will cease until the balance is under the limit. 2. Annual Leave Used for Protected Sick Leave a. Employees holding a permanent position included in Exhibit 2, shall be allowed to use up to the hours of Annual Leave accrued in six (6) months for Resolution No. 2022-152 FY 23 24 Salary Resolution Page 11 Protected Sick Leave for the purposes identified in California Labor Code Section 233. The employee, at their sole discretion, must determine whether to designate leave as Protected Sick Leave under California Labor Code 233. Employees shall note this designation when reporting the absence. 3. Annual Leave Pay Out a. Unused Annual Leave Pay Out During Fiscal Year – Employees may request payment and be compensated for up to 48 hours or ten percent (10%) of their Annual Leave balance, whichever is greater, each fiscal year between July 1st and December March 31st; no cash out may be completed between January April 1st and June 30th. Payments between January 1st and March 31st may be halted when the City Manager declares that the City’s fiscal condition is such that it is not feasible to make such payments. Cash outs of Annual Leave balances are not pensionable for retirement purposes. b. Unused Annual Leave Pay Out – Upon separation from City service, employees will be compensated for all unused Annual Leave balances at their applicable base rate of pay. Payment received under this provision will not be pensionable for retirement purposes. 4. Frozen Sick Leave a. Use of Frozen Sick Leave – Frozen Sick Leave balances may be used by the employee in accordance with provisions of FMC section 3-107, or for those purposes defined in California Labor Code section 233 up to the statutory amount for the fiscal year unless the statutory amount has been satisfied by use of other leaves for the fiscal year. b. Unused Frozen Sick Leave Pay Out – Upon separation from City service by service retirement or at a disability retirement if the employee is otherwise eligible for service retirement, employees who meet the eligibility criteria in Section 16(F) shall be credited with the number of accumulated Frozen Sick Leave balances in excess of 240 hours at the time of retirement multiplied by eighty percent (80%) of the employee’s then current hourly rate of pay to be used solely to pay premiums for medical insurance (including COBRA premiums), pursuant to the City’s HRA as set forth in Section 16(F). Employees who separate City employment and return within one (1) year of such separation will be entitled to reinstatement of their available Frozen Sick Leave balances at the time of separation from City employment, up to a total of forty-eight (48) hours. SECTION 10. HOLIDAYS FOR EMPLOYEES IN EXHIBIT 2 A. Employees occupying a permanent position in Exhibit 2 shall be entitled to the holidays listed in FMC Section 3-116. Employees shall also accrue eight (8) hours of Holiday Leave on July 1st and January 1st of each calendar year. Resolution No. 2022-152 FY 23 24 Salary Resolution Page 12 B. Employees may request payment and be compensated for up to 48 hours or ten percent (10%) of their Holiday Leave balance, whichever is greater, each fiscal year between July 1st and March 31st; no cash out may be completed between April 1 and June 30. C. Any employee in Exhibit 2 who is exempt from the payment of overtime and who is otherwise eligible to receive such accumulation, who is required to work a regularly scheduled shift on a holiday, shall have the number of hours worked up to eight (8) hours added to their Holiday Leave balance on the first day of the pay period following the date of such work. When a holiday falls on Saturday or falls on the employee’s day off such employee shall receive eight (8) hours of Holiday Leave. D. Upon separation from City service, employees will be compensated for all unused holiday balances at their applicable base rate of pay. Payment for cash outs of accumulated Holiday Leave balances received under this provision will not be pensionable for retirement purposes with the exception of members of Tier 2 of Fire and Police Retirement System. SECTION 11. SUPPLEMENTAL SICK LEAVE FOR EMPLOYEES Upon employment by the City, new employees appointed to permanent positions set forth in Exhibit 2 shall receive 40 hours of Supplemental Sick Leave each fiscal year with a lifetime accrual limit of 80 hours. Supplemental Sick Leave hours shall be credited on a pro-rated basis for each full calendar month remaining on such appointment in the fiscal year. Employees may utilize earned and accrued Supplemental Sick Leave hours as follows: • Once Sick Leave and Annual Leave have been exhausted; • As service credit on an hour-per-hour basis upon retirement; • To be cashed out at retirement or separation from the City, if not eligible for participation in the HRA; • In the performance of community activities during the course of the employee’s normal work day, with the appropriate approval; • Placed in the HRA in accordance with Section 16(F); or • Once Sick Leave and Annual Leave have been exhausted during the first and second year of employment, where an employee is accruing Supplemental Sick Leave, up to half of the hours of Supplemental Sick Leave accrued in a fiscal year for Protected Sick Leave used only for those purposes identified in California Labor Code 233. Use of Protected Sick Leave must be authorized and recorded by the department director or designee. Cash outs received under this provision will not be considered pensionable for retirement purposes. Resolution No. 2022-152 FY 23 24 Salary Resolution Page 13 SECTION 12. MANAGEMENT TIME OFF FOR EMPLOYEES IN EXHIBIT 2 City employees in classifications designated as exempt from overtime under the provisions of the FLSA and who receive Management Leave pursuant to Section 8, may be granted Management Time Off if the supervisor or designee determines that service delivery and performance of job functions will not be impaired due to the employee’s absence. Such time off shall not be calculated on an hour-for-hour basis in relation to total hours worked. Management Time Off shall not be deducted from any existing leave banks. Management Time Off must be scheduled in advance when possible, approved as Management Time Off by the employee’s supervisor or designee and generally taken in increments of less than one day. Only department directors, assistant directors, or division managers may approve Management Time Off for a full day’s absence. SECTION 13. SALARY RATES The various classes of employment in the City service listed in the following designated exhibits (which are incorporated herein) shall be paid at the rates set forth therein opposite each class title: EXHIBIT 1 Non-Supervisory Blue Collar EXHIBIT 2 Non-Represented Management and Confidential Classes EXHIBIT 3 Non-Supervisory White Collar EXHIBIT 4 Non-Management Police EXHIBIT 5 Fire Non-Management EXHIBIT 6 Bus Drivers and Student Drivers EXHIBIT 7 Non-Supervisory Groups and Crafts EXHIBIT 8 Non-Represented EXHIBIT 9 Police Management EXHIBIT 10 Fire Management EXHIBIT 12 Board and Commission Members EXHIBIT 13-1 Exempt Supervisory and Professional EXHIBIT 13-2 Non-Exempt Professional EXHIBIT 14 Management Classes SECTION 14. PROFESSIONAL CERTIFICATE AND LICENSE PAY A. Professional Certificate and License Pay for possession of the certificates and licenses listed below may be authorized for eligible employees at the sole discretion of the City Manager, City Attorney, or Retirement Administrator, or their designees, as appropriate for their respective areas of authority. Pay for possession of more than one (1) certificate and/or license listed below is not stackable, meaning an employee with more than one (1) of the listed certificates and/or licenses may only receive pay for one (1) certificate or license regardless of the number of certificates and/or licenses they possess. Resolution No. 2022-152 FY 23 24 Salary Resolution Page 14 1. Certified Public Accountant (CPA) License / Certified Internal Auditor (CIA) Certification Employees who hold a permanent appointment to a position in Exhibit 2 who have been licensed as a CPA by the State of California or as a CIA by the Institute of Internal Auditors are eligible to receive $300 per month. 2. Professional Engineer License Employees who hold a permanent appointment to a position in Exhibit 2 who possess a Professional Engineer license are eligible to receive $300 per month. 3. Investment Management Certification / Designation Employees who hold a permanent appointment to a position in Exhibit 2 who possess any of the following investment management certificates or designations are eligible to receive $300 per month: a. Chartered Financial Analyst (CFA) designation b. Financial Risk Manager (FRM) certification c. Certified Treasury Professional (CTP) designation d. Certified Investment Manager Analyst (CIMA) certification 4. American Institute of Certified Planners (AICP) Certification Employees who hold a permanent appointment to a position in Exhibit 2 who possess an AICP Certification are eligible to receive $300 per month. A. Employees who possess and maintain certification as a Certified Access Specialist (CASp) and are in a position identified by a department director as eligible for Certificate Pay shall receive $200 per month. B. Employees who possess and maintain a Fundamental Payroll Certification (FPC) and are in a position identified by a department director as eligible shall receive $100 per month in Certificate Pay. SECTION 15. BILINGUAL CERTIFICATION PROGRAM FOR EMPLOYEES OCCUPYING PERMANENT CLASSES The bilingual certification program consists of aa City administered City administered examination process whereby employees in Exhibit 2 or employees with applicable MOUs or T&Cs with Bilingual pay provisions, may apply for a bilingual examination, and if certified by the examiner, receive bilingual premium pay for interpreting and translating. In conjunction with the Director of Personnel Services, department directors or their designees, shall designate those positions or assignments for which bilingual skills are desired, unless modified by applicable MOU or T&C. A. In order to remain eligible to receive bilingual premium pay, employees must take and pass the certification examination once every five (5) years. Employees who fail to recertify will no longer receive bilingual premium pay. B. This bilingual certification program is not subject to the grievance or appeal process. Resolution No. 2022-152 FY 23 24 Salary Resolution Page 15 C. Bilingual certification examinations are conducted for Armenian, Cambodian, Hindi, Hmong, Laotian, Punjabi, Sign, Spanish and Vietnamese languages. D. The bilingual premium pay rate for certified employees occupying permanent classes in Exhibit 2 is one hundred dollars ($100) per month, regardless of how many languages for which an employee is certified. E. Certified employees may interpret/translate for departments/divisions they are not assigned to, provided the requesting department/division has a demonstrated customer service related need and has obtained approval from the certified employee’s supervisor. F. Certified employees shall not refuse to interpret/translate while on paid status. Refusal shall result in appropriate disciplinary action. G. Certified employees may be assigned to any incident or investigation requiring their bilingual skills, and may be required to prepare written reports related to the incident or investigation. The objective of this policy will be to utilize department resources in the most efficient way possible. H. Except in the event of an emergency as determined by management, bilingual employees who are not certified shall not be required to interpret/translate. SECTION 16. BENEFITS FOR FULL-TIME EMPLOYEES OCCUPYING PERMANENT POSITIONS IN EXHIBIT 2 Benefits for employees occupying permanent positions in Exhibit 2 shall be as follows: A. The City’s contribution towards employee health insurance will be shared on a fifty percent (50%) basis by the City and employees, except that employees will be required to pay no more than thirty percent (30%) of the premium established by the Fresno City Employees Health and Welfare Trust Board and the City shall pay seventy percent (70%). The employee may opt to contribute the amount necessary to make up the difference through payroll deductions, or accept a reduced coverage option. Should any represented bargaining unit in the City negotiate a successor MOU, impose T & C, extend the period of an MOU or T & C, resulting in a greater contribution by the City (including maintenance of percentage contributions) the City will match that benefit. B. The City will provide a Life Insurance benefit that is equal to the employee’s annual earnings, rounding up to the next $1,000, with a maximum benefit of $150,000. C. The City provides Long Term Disability Insurance for employees in accordance with terms of the policy. D. Employees may elect to make contributions through payroll deductions for voluntary supplemental benefits made available by the City. Resolution No. 2022-152 FY 23 24 Salary Resolution Page 16 E. Employees in Exhibit 2 hired with the City on or after August 31, 2014, shall make an additional contribution equal to one and one-half percent (1.5%) of their pensionable compensation to the City of Fresno Employees Retirement System, reducing the City contribution by a corresponding amount. Employees who transfer, demote, or promote, into Unit 2 and were paying an additional one and one-half percent (1.5%) of their pensionable compensation to the City of Fresno Employees Retirement System immediately prior to entering Unit 2, shall continue to pay the additional one and one half percent (1.5%) of their pensionable compensation to the City of Fresno Employees Retirement System, reducing the City contribution by a corresponding amount. In accordance with Internal Revenue Code Section 414(h)(2) and related guidance, the City shall pick up and pay the contribution by salary reduction in accordance with this provision to the City of Fresno Employees Retirement System. The employee shall have no option to receive the one and one-half percent (1.5%) contribution in cash. The one and one- half percent (1.5%) contribution paid by the employee will not be credited to an employee’s accumulated contribution account, nor will it be deposited into a member’s Deferred Retirement Account Program (DROP) account. Unit 2 employees who are members of Tier 2 of the Fire and Police Retirement System, hired on or after July 1, 2019, shall pay an additional contribution equal to three percent (3%) of their pensionable compensation to the Fire and Police Retirement System, reducing the City retirement contribution by the corresponding amount. In accordance with Internal Revenue Code Section 414(h)(2) and related guidance, the City shall pick up and pay the contribution by salary reduction in accordance with this provision to the City of Fresno Fire and Police Retirement System. The employee shall have no option to receive the three percent (3%) contribution in cash. The three percent (3%) contribution paid by the employee will not be credited to an employee’s accumulated contribution account nor will it be deposited into a member’s DROP account. F. The City currently maintains a Health Reimbursement Arrangement (HRA) as described in Internal Revenue Service (IRS) Notice 2002-45 and other guidance published by the IRS regarding HRA’s. At separation from permanent employment with the City of Fresno by service retirement or at a disability retirement if the employee is otherwise eligible for service retirement, employees who have used 80 hours or less of Frozen Sick Leave and/or Annual Leave used for sick time and/or Sick Leave, Holiday Leave, and/or Vacation Leave used for sick time (excluding only Bereavement Leave, and statutorily protected hours used for workers’ compensation benefits, and/or other statutorily protected leave such as, but not limited to, Family and Medical Leave Act and Protected Sick Leave taken for the purposes identified in California Labor Code Section 233) in the 24 months preceding their date of retirement), will be credited with an account for the employee under the HRA to be used to pay premiums for medical insurance (including COBRA premiums) and qualified medical expenses pursuant to City of Fresno Retiree HRA Plan Document. The “value” of the account shall be determined as follows: • The number of accumulated Supplemental Sick Leave hours at the time of retirement multiplied by the employee's then current hourly base rate of pay. Resolution No. 2022-152 FY 23 24 Salary Resolution Page 17 • For those with Annual Leave, the number of accumulated Frozen Sick Leave hours in excess of 240 hours at the time of retirement multiplied by 80 percent (80%) of the employee’s then current hourly base rate of pay. • For those with Vacation/Sick Leave, the number of accumulated Sick Leave hours in excess of 240 hours at the time of retirement multiplied by 80 percent (80%) of the employee’s then current hourly base rate of pay. • The number of Special HRA hours at the time of retirement multiplied by 80 percent (80%) of the employee’s then current hourly base rate of pay. • The hourly base rate of pay shall be the equivalent of the monthly salary for an employee as reflected in the applicable range, multiplied by 12 months then divided by 2,080 hours. • The accounts may be book accounts only, or cash accounts at the City’s option. No actual trust account shall be established for any employee. Each HRA account shall be credited on a monthly basis with a rate of earnings equal to the yield on the City's Investment Portfolio (provided that such yield is positive). The HRA accounts shall be used to pay premiums for medical insurance (including COBRA premiums) and qualified medical expenses covering the participant, the participant's spouse (or surviving spouse in the event of the death of the participant), and the participant's dependents. Once a participant's account under the HRA has been reduced to $0, no further benefits shall be payable by the HRA. If the participant, the participant's spouse, and the participant's dependents die before the participant's account under the HRA has been reduced to $0, no death benefit shall be payable to any person by the HRA. While this provision is in effect, employees eligible for HRA shall not be allowed to cash out any accumulated or accrued Supplemental Sick Leave or Frozen Sick Leave or Sick Leave at retirement. G. On September 15, 2011, the City Council adopted Resolution No. 2011-193, which began the imposition of a salary concession effective September 5, 2011, on employees holding positions listed in Exhibit 2 of the Salary Resolution (FY12 salary concessions). Employees in Exhibit 2 impacted by FY12 salary concessions will be held harmless with respect to DROP and retirement calculations, including calculations impacting members who separate from City employment and elect a deferred vested status. Employer and employee retirement contributions will continue to be calculated based on the unadjusted, pre-concessions salary/hourly rate. Employee leave payoffs at separation will be calculated using the unadjusted, pre- concessions salary/hourly rate, including those leave payoffs used to calculate credit to the employee’s HRA retirement. Resolution No. 2022-152 FY 23 24 Salary Resolution Page 18 This section shall be applied retroactively to those employees who separated from City employment on or after July 1, 2012. SECTION 17. COMPENSATION FOR FULL-TIME EMPLOYEES OCCUPYING PERMANENT POSITIONS IN EXHIBIT 2 A. The following forms of compensation, when authorized, are to be included in base salary: a. Salary; and b. Any other form of compensation not specified in paragraph C below. B. The rate of base salary paid shall not be less than or greater than the ranges established in this Salary Resolution at the time the salary is earned. C. The following forms of compensation, when authorized by Administrative Order, ordinance, resolution, or an approved written employment contract, are not to be included in base salary: a. Monthly vehicle allowance pursuant to the requirements of Administrative Order 2-2; b. Education and/or certificate pay; c. Premium pay; d. Reimbursement for actual educational expenses related to job position; e. Uniform pay allowance, excluding costs for uniform upkeep; f. Leave payoff/cash out; g. Professional dues for enrollment of professional organizations related to job position; h. Payment for employee’s attendance at professional organization conferences, including reimbursement of reasonable and necessary travel and subsistence expenses; i. Reimbursement for actual relocation expenses incurred at the time of commencement of employment with the City; j. Professional pay authorized in a memorandum of understanding closest in relation to the employee’s classification, for example, Peace Officer Standards and Training (POST) pay for peace officers; k. Mileage, meal, hotel, public transportation, and other authorized expenses reimbursed for travel expenses incurred while on City business; l. City provided contributions to insurance premiums; Resolution No. 2022-152 FY 23 24 Salary Resolution Page 19 m. Severance pay following an employee’s termination; and n. City contributions to health and welfare benefits paid during the term of any severance period. o. City funded deferred compensation contributions up to the IRS deferral limits set each calendar year. p. Recruitment and/or retention incentive pay when authorized pursuant to Section 26 below. D. Compensation paid to employees in the form of cash or any equivalent that are is in addition to base salary and not covered by another form of authorized compensation approved by City Council (e.g., a memorandum of understanding closest in relation to the employee’s classification; an ordinance; or a resolution) are isnot authorized. E. The following forms of compensation are authorized for employees in Exhibit 2, when included in an approved written employment contract: a. Education and/or certificate pay; b. Reimbursement for actual education expenses related to job position; c. Professional dues for enrollment of professional organizations related to job position; d. Annual payment for employee’s attendance at professional organization conferences, including reimbursement of reasonable and necessary travel and subsistence expenses; e. Reimbursement for actual relocation expenses incurred at the time of commencement of employment with the City; f. Mileage, meal, hotel, public transportation, and other authorized expenses reimbursed for travel expenses incurred while on City business; g. Up to six months’ severance pay following an employee’s termination; and h. City contributions to health and welfare benefits paid during the term of any severance period. i. City funded contributions to deferred compensation up to the IRS deferral limits set each calendar year. j. Recruitment and/or incentive pay when authorized pursuant to Section 26 below. Resolution No. 2022-152 FY 23 24 Salary Resolution Page 20 F. Performance bonuses for exempt employees, received prior to November 12, 2015, shall be considered pensionable compensation for calculation of retirement benefits and shall not be included as part of base salary. G. The following shall apply to Employees employees in Exhibit 2 who are in job classes with Executive Pay Ranges E5 through E22: are eligible to receive up to seventy-five dollars ($75) per month. This benefit is for employees who voluntarily participate in the City’s Deferred Compensation plan, which shall not be calculated as part of base salary. Employees not currently participating in the plan will be required to complete a Participation Agreement and elect to contribute. a. New employees hired on or after June 19, 2023 opting to enroll in the City’s Deferred Compensation plan, will have a seventy-five dollar ($75) per month employer contribution automatically deposited in their Deferred Compensation account, regardless of whether they contribute. This employer contribution shall be made in bi- weekly payments and shall not be calculated as part of base salary. b. Employees hired before June 19, 2023 who are currently enrolled in the City’s Deferred Compensation plan and are contributing at least seventy-five dollars ($75) per month will continue to receive a seventy-five dollar ($75) reimbursement from the City monthly through July 31, 2023. Thereafter, such employee participants shall no longer receive a monthly reimbursement, but rather will have the seventy-five dollar ($75) per month employer contribution automatically deposited in their Deferred Compensation account, regardless of whether they continue to contribute. This employer contribution shall be made in bi-weekly payments and shall not be calculated as part of base salary. c. Employees hired before June 19, 2023 who are currently enrolled in the City’s Deferred Compensation plan and are contributing less than seventy-five dollars ($75) per month will have a seventy-five ($75) per month employer contribution automatically deposited in their Deferred Compensation account, regardless of whether they continue to contribute. This employer contribution shall be made in bi- weekly payments and shall not be calculated as part of base salary. d. Employees hired before June 19, 2023 who are not enrolled in the City’s Deferred Compensation plan may enroll in the plan and will have a seventy-five dollar ($75) per month employer contribution automatically deposited in their Deferred Compensation account, regardless of whether they contribute. The employer contribution shall be made in bi-weekly payments and shall not be calculated as part of base salary. SECTION 18. BENEFITS FOR POLICE CADETS, PERMANENT PART-TIME EMPLOYEES, AND LIMITED EMPLOYEES; AND BENEFITS AND TERMS AND CONDITIONS FOR PERMANENT AIRPORT PUBLIC SAFETY OFFICERS AND PERMANENT AIRPORT PUBLIC SAFETY SUPERVISORS Resolution No. 2022-152 FY 23 24 Salary Resolution Page 21 A. Employees in the Police Cadet series shall receive the following benefits: 1. Police Cadet is a training series and is designed to ultimately lead to appointment to a permanent full-time position other than Police Cadet in the Police Department. A Police Cadet may be terminated from the Police Cadet program pursuant to FMC 3-266(d). 2. Upon appointment to a permanent position other than Police Cadet, time served as a Police Cadet I and II shall not be included in calculating an employee’s period of continuous service for the purposes of seniority, retirement benefits, leave accruals, or other benefits. 3. Police Cadets shall be provided with Social Security benefits and shall not be members of the Fresno City Employees’ Retirement System as they are employed principally for the purpose of training. 4. Actual hours worked in excess of 40 hours a week shall be compensated as overtime in accordance with the applicable provisions of FLSA. 5. Fringe benefits for employees in permanent positions in the Cadet series will be determined by the City Manager or designee. 6. Protected Sick Leave Employees will accumulate and be able to use Protected Sick Leave in accordance with AB1522, Healthy Workplace Healthy Family Act of 2014, up to twenty-four (24) hours or three (3) days each fiscal year, whichever is greater. Employees will earn one (1) hour of leave for every thirty (30) hours of work, including overtime. This accrual will begin on July 1, 2015, or the first day of employment, whichever is later. Accruals of Protected Sick Leave will be capped at forty-eight (48) hours. Accruals of Protected Sick Leave may be carried over from year to year. Employees who leave City employment and return within one (1) year from the date of separation will have unused Protected Sick Leave accruals restored up to forty-eight (48) hours. 7. Bilingual Premium Pay Employees in the Cadet Series shall be eligible for the Bilingual Certification Program as provided in Section 15. B. Benefits for Permanent Part-Time (hereafter “PPT”) employees shall be as follows: 1. Health and Welfare benefits shall be provided as outlined in Section 16A. 2. PPT employees shall be provided with Social Security benefits and shall not be members of the Fresno City Employees’ Retirement System. PPT employees who Resolution No. 2022-152 FY 23 24 Salary Resolution Page 22 participated in the plan as a permanent full-time employee and whose contributions remain on deposit, remain members of the Fresno City Employees’ Retirement System. 3. PPT employees shall be paid for jury duty attendance and court attendance in accordance with FMC Sections 3-109 and 3-110. 4. Holidays PPT employees shall receive paid leave for holidays in proportion to the number of non-overtime hours scheduled for that position, as reflected in the adopted budget. 5. Leave for PPT Employees in Exhibit 2 PPT employees appointed in a permanent class included in Exhibit 2, shall be granted leave under the same terms and conditions as full-time employees in the same class in Exhibit 2, except that such leave shall be at a rate proportionate to a permanent full-time employee occupying the same class, according to the number of hours scheduled to work. C. Benefits for Limited Employees 1. Benefits for Limited employees appointed pursuant to FMC Section 3-256 who do not hold a permanent position as defined in FMC Section 3-202 to a job classification listed in Exhibit 2 or who are not permanent employees as defined in FMC Section 3-202 shall be as follows: a. Health and Welfare and leave benefits shall be afforded to Limited employees commensurate with the benefits provided to employees in the same job classification who hold a permanent position in Exhibit 2 or permanent employees as defined by FMC Section 3-202, respectively. b. Limited employees shall be provided with Social Security benefits and shall not be members of the Fresno City Retirement Systems. Limited employees who participated in the plan as permanent full-time employees and whose contributions remain on deposit remain members of the Fresno City Retirement Systems. c. Limited employees shall be paid for jury duty attendance and court attendance in accordance with FMC Sections 3-109 and 3-110. 2. Benefits for Limited employees appointed pursuant to FMC Section 3-256 who hold a permanent position as defined in FMC Section 3-202 to a job classification listed in Exhibit 2 or who are permanent employees as defined in FMC Section 3- 202 shall continue to receive the same benefits commensurate with those provided in their permanent position or as a permanent employee, respectively, except as specifically modified herein. Resolution No. 2022-152 FY 23 24 Salary Resolution Page 23 D. Use of Protected Sick Leave for Police Cadets and Permanent Part-Time Employees: 1. The first three (3) days or twenty-four (24) hours, whichever is greater, of leave shall be Protected Sick Leave by an employee on or after July 1 of each year if used for the purposes noted in subsection C.2 below, and will be considered leave taken under AB1522, Healthy Workplace Healthy Family Act of 2014. The employee, at their sole discretion, must determine whether to designate leave as Protected Sick Leave under CA LC 233. Employees shall note this designation when reporting the absence. The leave will not be used or considered for the purpose of corrective and/or disciplinary action. The purpose of this benefit is to allow employees time to care for themselves and family members as defined in California Labor Code section 246.5 for the purposes identified in California Labor Code section 233 as stated in subsection 3 below. Employees are encouraged to schedule routine medical and/or dental appointments outside of regular work hours when possible. Use of Protected Sick Leave shall be authorized and recorded by an appointing authority or designee. 2. Protected Sick Leave can be used for: a. Diagnosis, care, or treatment of an existing health condition of, or preventative care for, an employee; b. Diagnosis, care, or treatment of an existing health condition of, or preventative care for an employee’s parent (a biological adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child), child (a child, which for purposes of this article means a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis - this definition of a child is applicable regardless of age or dependency status), spouse, registered domestic partner, parent-in-law, sibling, grandchild, or grandchild; or, c. For an employee who is a victim of domestic violence, sexual assault, or stalking, the purposes described in Labor Code Section 230(c) and Labor Code Section 230.1(a). 3. After the employee has taken the first three (3) days of Protected Sick Leave for purposes as defined in subsection C.2 above on or after July 1 of each year, these provisions under AB1522, Healthy Workplace Healthy Family Act of 2014 will no longer be applicable. 4. Protected Sick Leave requests will be administered in accordance with existing FMC provisions, City administrative orders, policies, procedures, rules and regulations regarding approval time off. Resolution No. 2022-152 FY 23 24 Salary Resolution Page 24 5. Employees who leave City Employment and return within one (1) year from the date of separation will have unused Sick Leave accruals restored up to forty-eight (48) hours. DE. Benefits and Terms and Conditions for Permanent Airport Public Safety Officers and Permanent Airport Public Safety Supervisors shall be as follows: 1. Health and Welfare a. Health and Welfare benefits shall be provided as outlined in Section 16A, unless an employee elects the Other Health Insurance Opt Out Option as outlined in subsection C.1.b. below. b. Other Health Insurance Opt Out Option: (1) With proof of other health insurance coverage, employees may opt out of enrolling in the City’s Health and Welfare plan if enrolled in a health plan outside of the City, such as a spousal plan. (2) Eligible employees (i.e., with proof of other health insurance) may opt out of enrolling in the City’s Health and Welfare plan upon: a) Employment with the City; b) Within thirty (30) days of a qualifying event; or c) During the open enrollment period for the Health Plan. (3) On an annual basis during the month of November, an employee electing to opt out of the City’s Health and Welfare plan will be required to submit proof of other health insurance to the Personnel Services Department. If other insurance is discontinued for any reason at any point, the employee must notify the Personnel Services Department Immediately. If the employee does not provide proof of other health insurance annually during the month of November, they will automatically be enrolled in the City’s Health and Welfare Trust Plan, and will not be eligible to opt out of the City’s Health and Welfare Trust Plan during the respective plan year unless they have a qualifying event and submit proof of other insurance within thirty (30) (30) days of the qualifying event. Otherwise, they may opt out during the open enrollment period for the Health and Welfare Trust Plan with acceptable proof of other health insurance. (4) Acceptable proof of other health insurance will be presenting a current insurance identification card bearing the employee’s name, or proof of the employee’s eligibility from the insurance provider. In all cases, acceptable proof of other health insurance for purposes of this section must include the City employee’s name. Resolution No. 2022-152 FY 23 24 Salary Resolution Page 25 2. Pension and Social Security a. Pension for Airport Public Safety Officers Airport Public Safety Officers in the Fire and Police Retirement system shall pay an additional contribution equal to three percent (3%) of their pensionable compensation to the Fire and Police Retirement System, reducing the City retirement contribution by the corresponding amount. In accordance with Internal Revenue Code Section 414(h)(2) and related guidance, the City shall pick-up and pay the contribution by salary reduction in accordance with this provision to the City of Fresno Fire and Police Retirement System. The employee shall have no option to receive the three percent (3%) contribution in cash. The three percent (3%) contribution paid by the employee will not be credited to an employee’s accumulated contribution account nor will it be deposited into a member’s Deferred Retirement Account Program (“DROP”) account. COLA Adjustments: COLA Adjustments for Career-Rank Average Method DROP Members and Retirees Effective February 28, 2022, any future cost of living adjustments (“COLA adjustments”) for Career-Rank Average Method Deferred Retirement Option Program (“DROP”) members and retirees who entered DROP or retired (not having entered DROP) from positions in this unit under FMC Section 3- 301(a)(9) prior to February 28, 2022, and whose COLA adjustments are calculated using the “F” Step of their respective rank, shall have their COLA adjustments calculated under FMC Section 3-301 (a)(9) using the “G” Step salary in lieu of their “F” Step salary to determine “average compensation”. COLA Adjustments for Final Three Year Average Method DROP Members and Retirees Effective February 28, 2022, any future COLA adjustments for Final Three Year Average Method DROP members and retirees shall be calculated pursuant to FMC Section 3-302(g). For Final Three Year Average Method DROP members and retirees, COLA pursuant to FMC Section 3-302(g) will be effective July 1, 2021, for the February 28, 2022 wage increase, and will be effective July 1, 2022 for the June 20, 2022 wage increase. b. Pension for Airport Public Safety Supervisors Employees in Tier 2 of the Fire and Police Retirement System, hired on or after June 29, 2015, shall pay an additional contribution equal to three percent (3%) of their pensionable compensation to the Fire and Police Retirement System, reducing the City retirement contribution by the corresponding amount. In Resolution No. 2022-152 FY 23 24 Salary Resolution Page 26 accordance with Internal Revenue Code Section 414(h)(2) and related guidance, the City shall pick-up and pay the contribution by salary reduction in accordance with this provision to the City of Fresno Fire and Police Retirement System. The employee shall have no option to receive the three percent (3%) contribution in cash. The three percent (3%) contribution paid by the employee will not be credited to an employee’s accumulated contribution account nor will it be deposited into a member’s Deferred Retirement Account Program (“DROP”) account. Effective June 29, 2015, employees in Tier 1 of the Fire and Police Retirement System’s, and in Tier 2 who were hired before June 29, 2015, including those employees in DROP, shall make an additional contribution equal to one percent (1%) of their pensionable compensation to the Fire and Police Retirement System, reducing the City retirement contribution by the corresponding amount. In accordance with Internal Revenue Code Section 414(h)(2) and related guidance, the City shall pick-up and pay the contribution by salary reduction in accordance with this provision to the City of Fresno Fire and Police Retirement System. The employee shall have no option to receive the one percent (1%) contribution in cash. The one percent (1%) contribution paid by the employee will not be credited to an employee’s accumulated contribution account nor will it be deposited into a member’s DROP account. COLA Adjustments: COLA Adjustments for Career-Rank Average Method DROP Members and Retirees Effective January 17, 2022, any future cost of living adjustments (“COLA adjustments”) for Career-Rank Average Method Deferred Retirement Option Program (“DROP”) members and retirees who entered DROP or retired (not having entered DROP) from positions in this unit under FMC Section 3- 301(a)(9) prior January 17, 2022, and whose COLA adjustments are calculated using the “F” Step of their respective rank, shall have their COLA adjustments calculated under FMC Section 3-301 (a)(9) using the “G” Step salary in lieu of their “F” Step salary to determine “average compensation”. COLA Adjustments for Final Three Year Average Method DROP Members and Retirees January 17, 2022, any future COLA adjustments for Final Three Year Average Method DROP members and retirees shall be calculated pursuant to FMC Section 3-302(g). For Final Three Year Average Method DROP members and retirees, COLA pursuant to FMC Section 3-302(g) will be effective July 1, 2021 for the January 17, 2022 wage increase, and will be effective July 1, 2022, for the June 20, 2022 wage increase. Resolution No. 2022-152 FY 23 24 Salary Resolution Page 27 c. Permanent Part Time Airport Public Safety Officers and Permanent Part Time Airport Public Safety Supervisors Permanent part time Airport Public Safety Officers and permanent Part Time Airport Public Safety Supervisors shall participate in the Social Security System and shall not be members of the City of Fresno Fire and Police Retirement System unless: (1) The individual is transferring from a full time permanent position in the City of Fresno Fire and Police Retirement System to a part time position in the Fire and Police System; (2) At separation from City employment, the individual elected a Deferred Vested status in the Fire and Police Retirement System. Upon re- employment as a Public Safety Supervisor, the individual will resume participation in the Fire and Police Retirement System; or (3) The individual is a retiree of the City of Fresno Fire and Police Retirement System and is reinstated from retirement by the City of Fresno Fire and Police Retirement Board in accordance with Fresno Municipal Code Section 3-334. 3. Life Insurance and Long Term Disability for Permanent Airport Public Safety Supervisors a. Life Insurance: The City will provide a Life Insurance benefit that is equal to the employee’s annual earnings, rounding up to the next $1,000, with a maximum benefit of $150,000. b. Long Term Disability: The City provides Long Term Disability Insurance for employees in accordance with terms of the City’s policy. 4. Sick Leave Employees shall accrue Sick Leave at the rate of eight point four (8.4) hours for each completed calendar month of employment. Employees shall not accrue additional Sick Leave once their balance reaches nine hundred (900) hours. The FMC, City Administrative Orders, departmental policies, procedures, rules and regulations concerning Sick Leave usage and administration will continue to apply. Protected Sick Leave: All employees may use up to one-half of their annual Sick Leave accrual for purposes consistent with California Labor Code section 233. Protected Sick Leave, as described above, may be used under the following circumstances, and may be designated as protected time pursuant to the state law at the employees’ discretion: Resolution No. 2022-152 FY 23 24 Salary Resolution Page 28 • Diagnosis, care, or treatment of an existing health condition of, or preventive care for, an employee; • Diagnosis, care, or treatment of an existing health condition of, or preventive care for an employee’s parent (a biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child), child (a child, which for purposes of this article means a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis - this definition of a child is applicable regardless of age or dependency status), spouse, registered domestic partner, sibling, grandparent, or grandchild; or, • For an employee who is a victim of domestic violence, sexual assault, or stalking, the purposes described in Labor Code Section 230(c) and Labor Code Section 230.1(a). Employees who terminate City employment and return within one year of such termination will be entitled to reinstatement of their Sick Leave balances at the time of termination from City employment, up to a total of 48 hours. Any leave taken under these provisions which would also apply to other Sick Leave provisions (e.g., Protected Sick Leave and/or family and medical leave) would also count toward those provisions. 5. Supplemental Sick Leave On each July 1 employees shall be credited forty (40) hours of Supplemental Sick Leave with an accrual limit of forty (40) hours per year and up to a total lifetime maximum of eighty (80) hours. However, if an employee is absent from work on a leave without pay status on July 1st, the additional forty (40) hours shall be prorated and received upon the employee’s return to work. The credit of hours shall be prorated for employees hired after July 1st. Supplemental Sick Leave may only be utilized once the employee has exhausted all other Sick Leave and Vacation Leave accruals, or as Protected Sick Leave during the first and second year of employment where an employee is accruing Supplemental Sick Leave and once their regular Sick Leave balance is exhausted, Resolution No. 2022-152 FY 23 24 Salary Resolution Page 29 up to one-half of the total time accrued during the fiscal year may be used in accordance with California Labor Code 233, as described in Section 18.B.3. above. Upon separation from City service the accrued Supplemental Sick Leave hours will be: a. Credited as service credit on an hour-per-hour basis upon retirement; or b. Cashed out at retirement or upon separation from the City. 6. Vacation Leave a. Airport Public Safety Officers: (1) Employees shall accrue Vacation Leave hours for each completed calendar month of employment as reflected below. Employees are allowed to only accumulate up to twice their amount of annual accrual of Vacation Leave. Years of Continuous Employment Accrual Rate (hrs./mo.) Less than 10 8.4 More than 10 10.5 (2) An employee’s Vacation Leave accumulation shall not cease due to refusal by the City to grant Vacation Leave prior to the employee reaching the Vacation Leave accumulation limit applicable to the employee’s position and length of service. In the event an employee requests in writing Vacation Leave one (1) month prior to the month in which the limit would be reached, and such request is refused, the Director of Aviation or designee shall extend the employee’s Vacation Leave accumulation limit for ninety (90) days during which time the employee shall be scheduled for Vacation Leave sufficient to reduce the employee’s balance below the accumulation limit. b. Airport Public Safety Supervisors: (1) Employees hired before June 29, 2015 shall accrue Vacation Leave hours for each completed calendar month of employment as reflected below. Employees with less than ten (10) years of continuous employment are allowed to accrue 336 hours of Vacation Leave, and employees with ten (10) years or more continuous employment are allowed to accrue 420 hours of Vacation Leave. Resolution No. 2022-152 FY 23 24 Salary Resolution Page 30 Years of Continuous Employment Accrual Rate (hrs./mo.) Less than 10 10.5 More than 10 14 (2) Employees hired on or after June 29, 2015 shall accrue Vacation Leave hours for each completed calendar month of employment as reflected below. Employees are allowed to only accrue up to twice their amount of annual accrual of Vacation Leave. Years of Continuous Employment Accrual Rate (hrs./mo.) Less than 10 8.4 More than 10 10.5 (3) An employee’s Vacation Leave accumulation shall not cease due to refusal by the City to grant Vacation Leave prior to the employee reaching the Vacation Leave accumulation limit applicable to the employee’s position and length of service. In the event an employee requests in writing Vacation Leave one (1) month prior to the month in which the limit would be reached, and such request is refused, the Director of Aviation or designee shall extend the employee’s Vacation Leave accumulation limit for ninety (90) days during which time the employee shall be scheduled for Vacation Leave sufficient to reduce the employee’s balance below the accumulation limit. 7. Holiday Leave a. Airport Public Safety Officers: (1) Employees shall accrue eight point four 8.4 hours per month in lieu of the Holidays recognized in FMC Section 3-116. (2) Employees may request payment and be compensated for up to forty eight (48) hours or ten percent (10%) of their holiday leave balance, whichever is greater, each fiscal year. The employee’s request to be paid must be received by the Department payroll clerk at least ten (10) calendar days prior to the next biweekly pay period. Employees must Resolution No. 2022-152 FY 23 24 Salary Resolution Page 31 cash out a minimum of twelve (12) hours. No cash out may be requested between April 1st and June 30th. b. Airport Public Safety Supervisors: (1) Employees shall accrue eight point four (8.4) hours per month as holiday leave in lieu of the Holidays recognized in FMC Section 3-116. (2) Employees may request payment and be compensated for up to forty eight (48) hours or twenty-five percent (25%) of their holiday leave balance, whichever is greater, each fiscal year. The employee’s request to be paid must be received by the Department payroll clerk at least ten (10) calendar days prior to the next biweekly pay period. Employees must cash out a minimum of twelve (12) hours. 8. Compensatory Time Off a. An employee has the option to accrue CTO in lieu of cash payment for overtime hours worked for the first sixty (60) hours of overtime worked in a fiscal year. CTO may not be rolled over into the next fiscal year. CTO may be used for time off during the fiscal year it is earned, will be cashed out upon separation from employment if unused CTO from the current fiscal year remains, or will be cashed out during the last pay period of each fiscal year at the employee’s base rate of pay. b. Employees who have reached the maximum accrual (60) hours of CTO in a fiscal year shall be given cash payment for additional overtime hours worked. c. CTO shall be accumulated at the applicable overtime rate for the time worked under the provisions of the Fair Labor Standards Act (FLSA). d. The use of accumulated CTO shall be requested, and subject to approval by the Airport Public Safety Manager or designee. 9. Premium Pay a. P.O.S.T Certificate Pay: (1) Airport Public Safety Officers a) Employees who have satisfactorily attained the Advanced P.O.S.T. Certificate shall be compensated at a rate of seven percent (7%) above the base rate of pay. (2) Airport Public Safety Supervisors Resolution No. 2022-152 FY 23 24 Salary Resolution Page 32 a) Employees who have satisfactorily attained the Intermediate P.O.S.T. Certificate shall be compensated at a rate of five percent (5%) above the base rate of pay. b) Employees who have satisfactorily attained the Advanced P.O.S.T. Certificate shall be compensated at a rate of seven percent (7%) above the base rate of pay. c) Airport Public Safety Supervisors who have satisfactorily attained the Supervisory P.O.S.T. Certificate shall be compensated at a rate of nine percent (9%) above the base rate of pay. d) P.O.S.T. Certificate pays are not stackable with each other and shall be paid at the highest certification obtained. b. Night Shift Premium: Employees who have a shift regularly scheduled from 19:00 hours to 07:00 hours will receive night shift premium pay of $1.75 per hour for all hours actually worked between said hours. c. Bilingual Certification Pay: Employees shall be eligible for the Bilingual Certification Program as provided in Section 15. 10. Uniform Allowance Employees shall receive $1,200 per year as a uniform purchase and maintenance allowance and paid in semi-annual installments on the last pay period in December and June. For employees in Tier 2 of the City of Fresno Fire and Police Retirement System, the uniform allowance is not pensionable. 11. Health Reimbursement Arrangement The City currently maintains a Health Reimbursement Arrangement (HRA) that qualifies as a "health reimbursement arrangement" as described in Internal Revenue Service (IRS) Notice 2002-45 and other guidance published by the IRS regarding HRAs. At service retirement, or at a disability retirement if a Tier I or Tier II member is otherwise eligible for service retirement, or upon resignation if the employee is otherwise eligible for service retirement, employees who have used one hundred twelve (112) hours or less of Sick Leave used for sick time (excluding only hours used for Workers’ Compensation benefits and/or statutorily protected leaves such as Family & Medical Leave, and Family Sick Leave, and/or Bereavement Leave) in the 24 months preceding their date of retirement, will be credited with an account for the employee under the HRA to be used solely to pay premiums for medical insurance (including COBRA premiums) and qualified medical expenses for the participant, the participant’s spouse (or surviving spouse in the event of Resolution No. 2022-152 FY 23 24 Salary Resolution Page 33 the death of the participant), and the participant’s dependents pursuant to the City of Fresno Retiree HRA Plan Document. The "value" of the account shall be determined as follows: • The number of accumulated Sick Leave hours in excess of 240 hours at the time of retirement multiplied by 80% of the employee's then current hourly base rate of pay. • The hourly base rate of pay for employees shall be the equivalent of the monthly salary for the classification as reflected in the Salary Resolution, multiplied by twelve (12) months then divided by 2,080 hours. At the employer’s option, the HRA accounts shall be book accounts only – no actual trust account shall be established for any employee. Each HRA book account shall be credited on a monthly basis with a rate of earnings equal to the yield on the City’s Investment Portfolio (provided that such yield is positive). Once a participant’s account under the HRA has been reduced to $0, no further benefits shall be payable by the HRA. If the participant, the participant’s spouse, and the participant’s dependents die before the participant’s account under the HRA has been reduced to $0, no death benefit shall be payable to any person by the HRA. While this provision is in effect, eligible employees shall not be allowed to cash out any accumulated or accrued sick leave at retirement. 12. Workers’ Compensation a. Consistent with FMC Section 3-118, the percentage of wages or salary and benefits received by an employee who suffers an injury in the course and scope of City employment shall be the percentage and benefits established by the State of California workers’ compensation laws set forth in the California Labor Code. b. Partial days of absence due to a work related injury or illness, including the day of injury or illness, shall be at full pay and shall not count toward the exclusion period; however, this time shall be recorded as work related injury/illness absence. c. At the employee’s option, in the event work related injury/illness pay from the City is not provided during the first three (3) days of absence due to the work related injury or illness, the employee may first take Sick Leave, Vacation Leave, or Holiday Leave for that period. d. If the employee is placed on sick leave, vacation or holiday pending determination as to whether the injury or illness is industrial, and the injury or illness is determined to be industrial, sick leave, vacation or holiday shall be restored within thirty (30) calendar days of such determination provided that Resolution No. 2022-152 FY 23 24 Salary Resolution Page 34 the employee has submitted all necessary documents relevant to their Workers’ Compensation claim, and the employee placed on work related injury/illness leave as provided herein. e. If the employee is placed on sick leave, vacation or holiday pending determination as to whether the injury or illness is industrial, and the injury or illness is determined not to be industrial, sick leave, vacation or holiday shall not be restored. f. Retirement benefits shall not be reduced as a result of compensation paid at the one hundred percent (100%) rate level of compensation established herein. Changes in contribution by the City and employee shall be in accordance with the applicable retirement code sections. g. Notwithstanding the provisions of the FMC, for the first sixty (60) days of absence in any fiscal year, benefits, including but not limited to holiday leave accumulation and uniform allowance, shall continue to accrue. 13. Airport Public Safety Officer Temporary Assignment to Perform Duties of Absent Employees (Acting) In the absence of an Airport Public Safety Supervisor, Airport Public Safety Officers who meet the minimum qualifications of the Airport Public Safety Supervisor classification may be authorized by the Airports Director or designee to act as an Airport Public Safety Supervisor. For hours actually worked in an acting capacity, the employee will be compensated as an Airport Public Safety Supervisor such that the employee shall be paid the step in the Airport Public Safety Supervisor salary range which is at least three and one-half percent (3.5%) higher than the base rate of pay received as an Airport Public Safety Officer. If such an increase would require a payment greater than the highest step of the Airport Public Safety Supervisor salary range, then the highest step of the Airport Public Safety Supervisor salary range shall be paid. 14. Rates of Pay The hourly base rate of pay for employees shall be the equivalent of the monthly salary for the classification as reflected in the Salary Resolution, multiplied by twelve (12) months then divided by 2,080 hours. SECTION 19. CONVERSION OF LEAVES WHEN CHANGING BARGAINING UNITS A. Employees changing from a bargaining unit with leave banks that are the same as leave banks in the bargaining unit to which they are transferring, will maintain their existing leave balances (e.g., Vacation Leave to Vacation Leave, Sick Leave to Sick Leave, Supplemental Sick Leave to Supplemental Sick Leave), subject to Section 19, Subsection (H) Leave Caps below. Employees in a bargaining unit with Management Leave who move to a bargaining unit with Management Leave will maintain their existing leave balances. Resolution No. 2022-152 FY 23 24 Salary Resolution Page 35 B. Annual Leave/Vacation Leave - Employees with an Annual Leave balance transferring to a position in a bargaining unit which is not covered by Annual Leave, may either cash out unused Annual Leave at the former class’ base rate of pay, or convert the unused Annual Leave to a non-accruing Annual Leave bank. The conversion is obtained by multiplying unused Annual Leave hours by the former class’s base rate of pay (converted to an hourly figure), dividing the product by the new class’s base rate of pay (converted to an hourly figure), and placing the resulting balance for leave usage as requested and designated by the employee, with appropriate approval. Employees with Vacation Leave transferring to a bargaining unit with Annual Leave will have all Vacation accruals converted to Annual Leave. C. Sick Leave – Employees with Sick Leave who move to a bargaining unit with Annual Leave will have their unused Sick Leave balances frozen, as Frozen Sick Leave. D. Supplemental Sick Leave – Employees with Supplemental Sick Leave who transfer to a bargaining unit with no Supplemental Sick Leave may either cash the leave out at the former class’ base rate of pay or continue to maintain the Supplemental Sick Leave. If the employee elects to retain the Supplemental Sick Leave, it may be used pursuant to Section 11. E. Employee Incentive Time Off (EITO) – Employees with EITO who transfer to a bargaining unit with no EITO will have the EITO balance cashed out at the former class’ base rate of pay at the time of transfer. F. Compensatory Time Off (CTO) – Employees with CTO who transfer to a bargaining unit with no CTO, will have all time cashed out at the former class’ rate of pay. Employees with CTO who transfer to a bargaining unit with CTO will be subject to all provisions regarding CTO in the new bargaining unit. If the employee’s CTO balance is over the cap of the new bargaining unit, any CTO above the cap will be cashed out at the former class’ base rate of pay. G. Management Leave – Employees in a bargaining unit with Management Leave who move to a bargaining unit with no Management Leave will have their Management Leave cashed out at the former class’ base rate of pay at the time of transfer. H. Leave Caps - When employees transfer from one bargaining unit to a different bargaining unit that has a lower leave accrual cap for leave other than Sick Leave, all leave over the cap will be cashed out at the former class’ base rate of pay upon the conclusion of the second pay period after the transfer in bargaining unit. The cash out is obtained by Conversion example: 100 unused hrs x $15.00 (Former base rate) = 75 hrs placed in non-accruing $20.00 (New class base rate) annual leave balance account Resolution No. 2022-152 FY 23 24 Salary Resolution Page 36 multiplying the amount of hours over the new cap by the former class' base rate of pay (converted to an hourly figure). Employees with Sick Leave who transfer to a bargaining unit with Sick Leave whose balance is over the cap of the new bargaining unit will have any hours above the Sick Leave cap converted to a Frozen Sick Leave bank. Employees with Holiday Leave who transfer to a bargaining unit with a Holiday Leave whose balance is over the cap of the new bargaining unit will have any Holiday Leave above the cap converted to a Special Holiday Leave bank. Employees with Special Holiday Leave who transfer to a bargaining unit with no Holiday Leave cap will have all Special Holiday Leave converted to Holiday Leave. SECTION 20. SPECIAL PROVISIONS FOR EMPLOYEES ON LEAVE FOR MILITARY SERVICE The City will extend salary and benefits to permanent City employees while they are serving in active military duty deployments of more than thirty-one (31) days as follows: A. Payment of the employee’s salary differential benefit; B. Payment of the City’s portion of the employees’ Health and Welfare Contribution, if the employee is currently covered by the City of Fresno Health and Welfare Trust; and C. Continued accrual of Vacation, Sick, Annual and/or Management Leave balances to which they are otherwise entitled by unit designation and employee status during the period of deployment. SECTION 21. BEREAVEMENT LEAVE In accordance with FMC Section 3-107 (f) and Government Code Section 12945.7, upon the death of a member of an employee’s immediate family, the employee shall be allowed to use Sick Leave (or Annual Leave, or any other accrued and available Leave), or Leave Without Pay if the employee has exhausted all Leave balances, as is actually necessary to take care of funeral arrangements or attend the funeral, but not to exceedfor up to four five total working days, taken either consecutively or intermittingly, during a period of up to three (3) months after the immediate family member’s death; provided, however, that members of the fire fighting forces working a twenty-four hour shift shall be allowed such Sick Leave not to exceed two regular working shifts. For the purpose of this provisionIn accordance with Government Code Section 12945.2, immediate family includes: the employee’s child, parent, spouse, registered domestic partner, parent-in-law, grandparent, grandchildren, or sibling. An employee may use Sick Leave or Annual Leave to attend the funeral of a person other than a member of the immediate family if granted such leave by their department director. The Resolution No. 2022-152 FY 23 24 Salary Resolution Page 37 department director shall notify Personnel Services Director when any employee is granted such leave. SECTION 22. LEAVE INTEGRATION WITH STATE DISABILITY INSURANCE (SDI) FOR NEW EMPLOYEES AND EMPLOYEES TRANSITIONING FROM A BARGAINING UNIT WITH SDI; LEAVE INTEGRATION WITH THE CITY’S LONG TERM DISABILITY INSURANCE PLAN A. INTEGRATION WITH STATE DISABILITY INSURANCE (INCLUDING PAID FAMILY LEAVE) (“SDI/PFL”) Employees eligible for SDI/PFL benefits under Section 2601, et seq. of California Unemployment Insurance Code receive benefits pursuant to California Unemployment Insurance Code Section 2655. Newly hired employees eligible for the SDI/PFL benefit and employees transitioning from a bargaining unit with SDI/PFL participation are eligible to integrate their leave balances under this Section. Integrating leave balances is defined as using the SDI/PFL benefit combined with an appropriate number of hours per work week of the employee’s available leave balances added together to provide regular, bi-weekly income. Before leave integration will occur, an employee must file a claim as required under SDI/PFL and make a timely election to integrate leave with SDI/PFL benefits which shall be no more than 100 percent of the employee’s normal bi-weekly gross wages (excluding overtime pay) immediately prior to the start of the disability period. A timely election to integrate leave shall be notification to the City as soon as practical, but no later than fourteen (14) calendar days after the date of the SDI/PFL claim. Notification shall be provided by completing an Agreement to Integrate Leave Balance form made available in each department or from Payroll directly. Extensions beyond fourteen (14) calendar days may be given due to exigent good cause circumstances on a case-by-case basis by the Director of Personnel Services or their designee. Employees who elect to integrate as described above must provide Payroll with a copy of the Employment Development Department’s (EDD) Notice of Computation within fourteen (14) calendar days of the issue date of the Notice, and are required to authorize EDD to share benefit computations with the City on their initial claim forms. Extensions beyond fourteen (14) calendar days due to exigent good cause circumstances, such as the employee being incapacitated, may be considered on a case-by-case basis. Leave integration will not be allowed or provided for any period before the City receives the signed Agreement to Integrate Leave Balance and the Notice of Computation, including retroactive integration, unless exigent good cause circumstances apply (i.e., integration will occur only on a prospective basis after the City’s receipt of the required leave integration paperwork unless exigent good cause circumstances apply). Integrating leave balances with SDI/PFL benefits will continue only if leave balances are available and the employee remains eligible to receive SDI/PFL benefits. Once integration Resolution No. 2022-152 FY 23 24 Salary Resolution Page 38 begins, it will continue as long as leave balances are available and SDI/PFL benefits continue. Integration will end, whichever comes first in time, upon: (1) notification from the employee that SDI/PFL benefits have terminated, (2) the employee exhausting all leave balances and/or donated time resulting in leave without pay status, (3) the employee’s return to work, or (4) the employee’s separation from City employment. An employee who is integrating leave and has exhausted all other leave balances may apply for donated time in accordance with City policies. Donated time will be integrated in the same manner as all other available leave time as described in this Section. B. INTEGRATION WITH THE CITY’S LONG TERM DISABILITY PLAN Employees eligible for the City’s Long Term Disability Plan may elect to integrate leave time with those Plan benefits by signing an integration agreement as soon as practical, but no later than fourteen (14) calendar days after the Long Term Disability claim date. Notification shall be provided by completing an integration agreement form made available by the City indicating whether or not the employee desires to integrate leave with the claim. Extensions beyond fourteen (14) calendar days may be given due to exigent good cause circumstances on a case-by-case basis by the Director of Personnel Services or their designee. Employees who elect to integrate as described above must provide Payroll with a copy of the City’s Long Term Disability Plan’s Notice of Award within fourteen (14) calendar days of the issue date of the Notice. Extension beyond fourteen (14) calendar days due to exigent good cause circumstances, such as the employee being incapacitated, may be considered on a case-by-case basis. Integration will end, whichever comes first in time, upon: (1) notification from the employee that Plan benefits have terminated, (2) the employee exhausting all leave balances and/or donated time resulting in leave without pay status, (3) the employee’s return to work, or (4) the employee’s separation from City employment. SECTION 23. SALARIES FOR EMPLOYEES IN EXHIBIT 2, EXHIBIT 8, AND PERMANENT PART- TIME EMPLOYEES WHILE ABSENT DUE TO INJURY IN THE LINE OF DUTY The percentage of wages or salary received for an employee who suffers an injury in the course and scope of City employment shall be the percentage established by the State of California Workers’ Compensation laws. SECTION 24. BENCHMARKING DELETED CLASSIFICATIONS AND PAY STEPS Consistent with FMC Section 3-205, the job classifications or pay step identified in Exhibit 16 have been deleted and a pay relationship to calculate retirement benefits for the respective job classifications or pay step are hereby established as incorporated by this reference. Exhibit 16 reflects benchmarked job classifications and pay steps since January 28, 2016. Resolution No. 2022-152 FY 23 24 Salary Resolution Page 39 SECTION 25. TEMPORARY EMPLOYMENT OF CITY RETIREE Consistent with Fresno Municipal Code Sections 3-345 and 3-557 former employees who are receiving a retirement benefit from the City of Fresno Fire and Police Retirement System or the City of Fresno Employees Retirement System may be employed on a temporary basis not to exceed 2080 hours over the course of two consecutive fiscal years if there is a showing made by the appointing authority that the person possesses special skills or experience necessary to perform the duties of the position. Before commencing such temporary employment, there must be a bona-fide employment separation. For the purposes of this Section, “bona fide employment separation” means: (1) there has been no explicit or implicit understanding or agreement before their retirement, and for at least 90 calendar days after their retirement, between the employee and the City of their future temporary employment with the City, and (2) upon their retirement, the retired employee provides no work for the City, including work as a full-time, part-time, or seasonal employee; an employee through a third-party contract with the City; an independent contractor; or a leased employee, for at least 90 calendar days. SECTION 26. RECRUITMENT AND RETENTION INCENTIVE Effective upon amendment of the Transparency Act to permit recruitment incentives and retention incentives, such incentives may be paid for particular classifications, provided: A. Classifications are designated as hard to fill by the City Manager, the City Attorney, the Retirement Administrator, or the City Clerk, and; B. The City Council concurs with the appointing authority’s designation by majority vote, and; C. The recruitment incentive or the retention incentive does not exceed the equivalent of one month’s salary at the top step, or the top of the range, for the classification, and; D. No employee shall be eligible for both a recruitment incentive and retention incentive in the same fiscal year, whether in the same classification or in different classifications, and; E. An employee, having received a recruitment incentive, must work in the same classification for twelve (12) consecutive months prior to becoming eligible to receive a retention incentive, and; F. The recruitment incentive and retention incentive shall be, lump-sum payments, and shall not be pensionable, and; G. Payment of any recruitment incentive or retention incentive is authorized at the sole discretion of the City Manager, the City Attorney, the City Clerk or the Retirement Administrator provided the above conditions are met. Effective March 14, 2022, current permanent City employees who refer an eligible candidate for Police Officer Recruit, lateral Police Officer, or lateral Emergency Services Dispatcher II or III that is hired by the City as a permanent employee in a respective classification will receive a Referral Incentive of up to a total of one thousand dollars ($1,000) per referral, subject to the terms outlined below: Resolution No. 2022-152 FY 23 24 Salary Resolution Page 40 A. Police Officer Recruit The Referral Incentive will be paid in two (2) increments of five hundred dollars ($500) up to the total one thousand dollars ($1,000) as follows: 1. Upon the Police Officer Recruit’s hire and commencement of work with the City; and 2. Upon the Police Officer Recruit’s successful completion of the field training program, as determined by Police Administration; B. Police Officer Lateral Hire 1. For an employee to be eligible for the Referral Incentive for referring a lateral Police Officer referral, the candidate referred must, at the time of filing an employment application with the City for a Police Officer position: a. Be currently working for another California law enforcement agency; b. Have two (2) years of experience as a full-time peace officer in California; and c. Possess a current California P.O.S.T. certificate. 2. Employees who refer lateral Police Officer hires with prior full-time Fresno Police Department experience are not eligible for the Referral Incentive unless the lateral Police Officer has a minimum of two years of separation from the Fresno Police Department as a full-time peace officer and has met the requirements of (a) and (c) described above. 3. The Referral Incentive will be paid in four (4) increments of two hundred fifty dollars ($250) up to the total one thousand dollars ($1,000) as follows: a. Upon the lateral Police Officer’s hire and commencement of work with the City; b. Upon the lateral Police Officer’s successful completion of the field training program, as determined by Police Administration; c. Upon the lateral Police Officer’s successful completion of the probationary period; and d. Upon the lateral Police Officer’s successful completion of an additional twelve (12) months of City service following the successful completion of the probationary period. Resolution No. 2022-152 FY 23 24 Salary Resolution Page 41 C. Emergency Services Dispatcher (ESD) II or III Lateral Hire 1. For an employee to be eligible for the Referral Incentive for referring a lateral ESD II or III, the candidate referred must, at the time of filing an employment application with the City for an ESD II or III position, have been employed for at least two (2) consecutive years during the past three (3) years with a law enforcement agency in a classification equivalent to an Emergency Dispatcher II with the City of Fresno Police Department. 2. Employees who refer lateral ESD II or III hires with prior full-time Fresno Police Department experience are not eligible for the Referral Incentive unless the lateral ESD II or III has a minimum of two (2) years of separation from the Fresno Police Department as a permanent full-time ESD and has met the requirements described above. 3. The Referral Incentive will be paid in four (4) increments of two hundred fifty dollars ($250) up to the total one thousand dollars ($1,000) as follows: a. Upon the lateral ESD’s hire and commencement of work with the City; b. Upon the lateral ESD’s successful completion of the ESD training program, as determined by Police Administration; c. Upon the lateral ESD’s completion of the probationary period; and d. Upon the lateral ESD’s completion of an additional twelve (12) months of City service following the successful completion of the probationary period. D. Only one current permanent City employee may receive the Referral Incentive for each eligible candidate hired by the City as a permanent Police Officer Recruit, lateral Police Officer, or lateral Emergency Services Dispatcher II or III. E. The referring employee must be designated in writing by the candidate at the time the application for employment is submitted to for the referring employee to be eligible for the Referral Incentive. F. Should the referred Police Officer Recruit, lateral Police Officer, or lateral Emergency Services Dispatcher II or III fail to meet any of the metrics outlined above, the referring employee will be ineligible to receive the coinciding incentive(s). G. Employees in the Personnel Services Department, members of the Police Department Recruiting Unit, members of Unit 9 – Police Management, and other employees directly involved in a candidate’s hiring process are not eligible to receive the Referral Incentive. H. The Referral Incentive is not compensable for retirement purposes. Resolution No. 2022-152 FY 23 24 Salary Resolution Page 42 SECTION 27. UNUSUAL CIRCUMSTANCES In any case where, by reason of unusual circumstances, rigid adherence to the foregoing rules would cause a manifest injustice, the City Manager, on recommendation of the appropriate appointing authority and the Director of Personnel Services, may make such order deviating therefrom, as is in the City Manager’s judgment, proper to mitigate the injustice. SECTION 28. CONFLICTING RESOLUTIONS Resolution No. 2021-1762022-152, all amendments thereto, and all other resolutions or parts of resolutions in conflict with this resolution except as such resolutions or parts thereof approve a MOU or T & C, are hereby repealed. SECTION 29. RESOLUTION EFFECTIVE DATE Upon final legislative approval, this Resolution shall become effective July 1, 20222023. SEE APPENDIX FOR FOOTNOTES Page 1.1 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. In those cases in which an employee is hired at the journey level, twelve months of satisfactory service is required. 7 This class is in a flexibly-staffed series, which allows an employee to “flex” to the journey level after a required training period. EXHIBIT 1 Unit 1 – Non-Supervisory Blue Collar (Local 39) CLASS TITLE JOB CODE PROB PER A B C D E Airports Building Maintenance Technician 310011 12 3850 4044 4245 4457 4679 Airports Operations Leadworker 310010 12 4498 4722 4959 5207 5467 Airports Operations Specialist 310012 12 4089 4292 4506 4732 4967 Automotive Parts Leadworker 145006 12 4089 4292 4506 4732 4967 Automotive Parts Specialist 145005 12 3715 3901 4095 4301 4515 Aviation Mechanic I 4100394 124 4988 5239 5498 5775 6063 Aviation Mechanic II 4100404 124 5488 5761 6049 6353 6668 Aviation Mechanic Leadworker 410041 12 6036 6337 6654 6986 7336 Body & Fender Repairer 320036 12 4988 5239 5498 5775 6063 Body & Fender Repairer Leadworker 320037 12 5488 5761 6049 6353 6668 Body & Fender Repairer Trainee 3200357 67 4497 4721 4958 5206 5466 Brake & Front End Specialist 710085 12 5488 5761 6049 6353 6668 Bus Air Conditioning Mechanic 320031 12 4988 5239 5498 5775 6063 Bus Air Conditioning Mechanic Leadworker 320032 12 5488 5761 6049 6353 6668 Bus Air Conditioning Mechanic Trainee 3200307 67 4497 4721 4958 5206 5466 Bus Equipment Attendant Leadworker 320040 12 4089 4292 4506 4732 4967 Bus Mechanic I 3200204 124 4497 4721 4958 5206 5546 Bus Mechanic II 3200214 124 4988 5239 5498 5775 6063 Bus Mechanic Leadworker 320022 12 5488 5761 6049 6353 6668 Collection System Maintenance Specialist 630002 12 4548 4775 5014 5264 5527 Collection System Maintenance Technician 630001 12 4135 4341 4559 4785 5025 Combination Welder 710067 12 4988 5239 5498 5775 6063 Combination Welder Leadworker 710066 12 5488 5761 6049 6353 6668 Communications Technician I 710050 12 4471 4696 4929 5175 5434 Communications Technician II 710051 12 4929 5175 5434 5705 5991 SEE APPENDIX FOR FOOTNOTES Page 1.2 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. In those cases, in which an employee is hired at the journey level, twelve months of satisfactory service is required. 7 This class is in a flexibly-staffed series, which allows an employee to “flex” to the journey level after a required training period. EXHIBIT 1 Unit 1 – Non-Supervisory Blue Collar (Local 39) CLASS TITLE JOB CODE PROB PER A B C D E Cross Connection Control Specialist 610040 12 4778 5018 5267 5530 5805 Custodian 810001 12 3053 3205 3366 3533 3709 Electronic Equipment Installer 710060 12 3627 3807 3999 4198 4408 Equipment Service Worker I 710075 12 3715 3901 4095 4301 4515 Equipment Service Worker II 710076 12 4089 4292 4506 4732 4967 Fire Equipment Mechanic I 4200107 67 4497 4721 4958 5206 5466 Fire Equipment Mechanic II 420011 12 4988 5239 5498 5775 6063 Fire Equipment Mechanic Leadworker 420012 12 5488 5761 6049 6353 6668 Graffiti Abatement Technician 710009 12 3666 3849 4044 4245 4457 Heavy Equipment Mechanic I 7101004 124 4497 4721 4958 5206 5466 Heavy Equipment Mechanic II 7101014 124 4988 5239 5498 5775 6063 Heavy Equipment Mechanic Leadworker 710102 12 5488 5761 6049 6353 6668 Heavy Equipment Operator 710025 12 4639 4873 5115 5372 5638 Instrumentation Specialist 620025 12 5253 5517 5793 6082 6385 Instrumentation Technician 620026 12 4778 5018 5267 5530 5805 Irrigation Specialist 510005 12 4035 4237 4448 4670 4902 Laborer 710005 12 3098 3240 3388 3543 3709 Light Equipment Mechanic I 7100954 124 4497 4721 4958 5206 5466 Light Equipment Mechanic II 7100964 124 4988 5239 5498 5775 6063 Light Equipment Mechanic Leadworker 710097 12 5488 5761 6049 6353 6668 Light Equipment Operator 710020 12 4089 4292 4506 4732 4967 Locksmith 810015 12 3739 3926 4121 4327 4543 Maintenance & Construction Worker 710015 12 3715 3901 4095 4301 4515 Maintenance & Operations Assistant 710001 12 3098 3240 3388 3543 3709 SEE APPENDIX FOR FOOTNOTES Page 1.3 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. In those cases, in which an employee is hired at the journey level, twelve months of satisfactory service is required. *** Effective 4/24/2023, by the Thirteenth Amendment to the Salary Resolution 2022-152. EXHIBIT 1 Unit 1 – Non-Supervisory Blue Collar (Local 39) CLASS TITLE JOB CODE PROB PER A B C D E Maintenance Carpenter I 810020 12 4115 4320 4536 4762 5000 Maintenance Carpenter II 810021 12 4538 4766 5003 5252 5516 Park Equipment Mechanic I*** 7101094 124 3715 3901 4095 4301 4515 Park Equipment Mechanic II 710110 12 4089 4292 4506 4732 4967 Park Equipment Mechanic Leadworker 710111 12 4497 4721 4958 5206 5466 Parking Meter Attendant I 7101254 124 3358 3526 3703 3887 4082 Parking Meter Attendant II 7101264 124 3696 3880 4072 4276 4491 Parking Meter Attendant III 710127 12 4064 4266 4479 4704 4937 Parks Maintenance Leadworker 510003 12 4035 4237 4448 4670 4902 Parks Maintenance Worker I 510001 12 3053 3205 3366 3533 3709 Parks Maintenance Worker II 510002 12 3667 3850 4044 4245 4457 Power Generation Operator/Mechanic 620055 12 5536 5811 6103 6406 6727 Property Maintenance Leadworker 810007 12 4123 4328 4545 4773 5011 Property Maintenance Worker 810006 12 3850 4044 4247 4458 4679 Roofer 810010 12 3739 3925 4122 4327 4543 Sanitation Operator 640021 12 4089 4292 4506 4732 4967 Senior Collection System Maintenance Specialist 630004 12 5002 5251 5515 5790 6079 Senior Communications Technician 710052 12 5437 5708 5995 6293 6608 Senior Custodian 810002 12 3358 3526 3703 3887 4082 Senior Heavy Equipment Operator 710026 12 5711 5997 6296 6611 6942 Senior Sanitation Operator 640022 12 4639 4873 5115 5372 5638 Senior Wastewater Mechanical Specialist 620062 12 5032 5284 5547 5826 6115 Senior Wastewater Treatment Plant Operator 620043 12 5844 6138 6444 6766 7104 Senior Water Distribution/Production Operator 610030 12 5844 6138 6444 6766 7104 Senior Water Treatment Plant Operator 610039 12 5965 6263 6576 6905 7249 Solid Waste Safety & Training Specialist 640005 12 4426 4641 4871 5108 5358 SEE APPENDIX FOR FOOTNOTES Page 1.4 1 This is a training class in which incumbents do not achieve permanent status within the classified service, as defined in FMC Section 3-202 (p)(5). 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. In those cases, in which an employee is hired at the journey level, twelve months of satisfactory service is required. 5 This class is in a flexibly-staffed series. The probationary period for employees in these classes shall be up to 18 months, at the discretion of management. An employee in this series must serve a minimum one year probationary period. EXHIBIT 1 Unit 1 – Non-Supervisory Blue Collar (Local 39) CLASS TITLE JOB CODE PROB PER A B C D E Street Maintenance Leadworker 710040 12 4190 4398 4617 4849 5090 Street Sweeper Lead Operator 710036 12 4497 4721 4958 5206 5466 Street Sweeper Operator 710035 12 4089 4292 4506 4732 4967 Tire Maintenance & Repair Technician 710081 12 4089 4292 4506 4732 4967 Tire Maintenance Worker 710080 12 3715 3901 4095 4301 4515 Traffic Maintenance Leadworker 710046 12 4190 4398 4617 4849 5090 Traffic Maintenance Worker I 7100444 124 3454 3627 3807 3999 4198 Traffic Maintenance Worker II 7100454 124 3799 3988 4189 4397 4615 Tree Trimmer Leadworker 510010 12 4157 4364 4583 4813 5054 Utility Leadworker 710010 12 4035 4237 4448 4670 4902 Waste Container Maintenance Worker 640010 12 3358 3526 3703 3887 4082 Wastewater Distributor Technician 620050 12 3759 3946 4144 4350 4567 Wastewater Mechanical Specialist 620061 12 4778 5018 5267 5530 5805 Wastewater Mechanical Technician 620060 12 4345 4562 4788 5028 5279 Wastewater Treatment Plant Operator-In- Training 6200401 - 3759 3946 4144 4350 4567 Wastewater Treatment Plant Specialist 6200425 125 5032 5284 5547 5826 6115 Wastewater Treatment Plant Technician 6200415 125 4778 5018 5267 5530 5805 Water Distribution/Production Specialist 610029 12 4778 5018 5267 5530 5805 Water Distribution/Production Technician 610028 12 4345 4562 4788 5028 5279 Water Maintenance Mechanic Specialist 610032 12 4778 5018 5267 5530 5805 Water System Trainee 6100231 - 3098 3240 3388 3543 3709 Water Treatment Plant Operator 610042 12 4778 5018 5267 5530 5805 Water Treatment Plant Operator-In-Training 6100411 - 3759 3946 4144 4350 4567 Water Maintenance Mechanic Technician 610031 12 4345 4562 4788 5028 5279 Water Quality Specialist 610034 12 4778 5018 5267 5530 5805 Water Quality Technician 610033 12 4345 4562 4788 5028 5279 Welder 710065 12 4497 4721 4958 5206 5466 SEE APPENDIX FOR FOOTNOTES Page 2.1 EXHIBIT 2 Unit 2 – Non-Represented Management and Confidential Classes CLASS TITLE JOB CODE PROB PER RANGE Minimum Maximum Airport Public Safety Manager 310004e - E7 87068291 - 119711140 1 Assistant City Attorney 160008e - E4 11958113 89 - 188781797 9 Assistant City Manager 150135e - E3 15950151 90 - 219312088 7 Assistant Controller 135020e - E5 9588 - 155461480 6 Assistant Director 150160e - E5 9588 - 155461480 6 Assistant Director of Personnel Services 150043e - E5 9588 - 155461480 6 Assistant Director of Public Utilities 620100e - E5 9588 - 155461480 6 Assistant Director of Public Works 210089e - E5 9588 - 155461480 6 Assistant Police Chief 415010e - E5 9588 - 155461480 6 Assistant Retirement Administrator 135040e - E5 9588 - 155461480 6 Background Investigator 410055 - E16 49034086 - 66396323 Budget Analyst 135006e -12 E15 55465411 - 75657205 Budget Manager 135008e - E5E7 87069588 - 119711480 6 Chief Assistant City Attorney 160015e - E3 15950151 90 - 219312088 7 Chief Information Officer 125067e - E4 11958113 89 - 188781797 9 Chief Labor Negotiator* 150030e - E6 10270855 8 - 138401318 1 Chief of Staff to Councilmember 150086e - E10 39053124 - 108821036 4 Chief of Staff to the Mayor 150123e - E5 9588 - 155461480 6 City Attorney 160009e - E1 18159172 94 - 24,9682377 9 SEE APPENDIX FOR FOOTNOTES Page 2.1 e Exempt class, see Section 4 *Effective 10/3/22, by the Third Amendment to the Salary Resolution 2022-152. City Attorney Investigator 160003 - E15 55465411 - 75657205 City Clerk 150125e - E4 11958113 89 - 188781797 9 City Engineer 210080e - E4 11958113 89 - 188781797 9 City Manager 150130e - E1 18159172 94 - 24,9682377 9 Community Coordinator 150075e - E11 41884086 - 73046956 Community Outreach Specialist 150230e - E11 41884086 - 73046956 Controller 135021e - E4 11958113 89 - 188781797 9 Council Assistant 150085e - E10 39053124 - 108821036 4 Deputy City Attorney II 160006e - E8 77257537 - 108821036 4 Deputy City Attorney III 160007e - E7 87068291 - 119711140 1 SEE APPENDIX FOR FOOTNOTES Page 2.2 SEE APPENDIX FOR FOOTNOTES Page 2.2 EXHIBIT 2 Unit 2 – Non-Represented Management and Confidential Classes CLASS TITLE JOB CODE PROB PER RANGE Minimum Maximum Deputy City Manager* ** 150140e - E5 9588 - 155461480 6 Director 150170e - E4 1195811 389 - 188781797 9 Director of Aviation 310045e - E4 1195811 389 - 188781797 9 Director of Development 220020e - E4 1195811 389 - 188781797 9 Director of Personnel Services 150042e - E4 1195811 389 - 188781797 9 Director of Public Utilities 620101e - E4 1195811 389 - 188781797 9 Director of Transportation 310040e - E4 1195811 389 - 188781797 9 Economic Development Coordinator 150090e - E10 3905312 4 - 108821036 4 Economic Development Director 150099e - E4 1195811 389 - 188781797 9 Executive Assistant to Department Director 115003e - E19 4376397 8 - 64776169 Executive Assistant to the City Attorney 115004e - E17 4973397 8 - 74497094 Executive Assistant to the City Manager 115001e - E17 4973397 8 - 74497094 Executive Assistant to the Mayor 115002e - E17 4973397 8 74497094 Fire Chief 425007e - E3 1595015 190 - 219312088 7 Governmental Affairs Manager 150240e - E10 3905312 4 - 108821036 4 Human Resources Manager 150025e - E7 8706829 1 - 119711140 1 Independent Reviewer 150220e - E5 9588 - 155461480 6 Internal Auditor 135010e -12 E15 5546541 1 - 75657205 SEE APPENDIX FOR FOOTNOTES Page 2.2 † This is one position assigned to the Labor Relations Division in the Personnel Services Department, working on confidential issues related to negotiations with bargaining units. e Exempt class, see Section 4. *Effective 10/3/22, by the Third Amendment to the Salary Resolution 2022-152. **Effective 3/27/2023, by the Twelfth Amendment to the Salary Resolution 2022-152. Investment Officer 135014e - E6 1027085 58 - 138401318 1 Management Analyst II 150032e† 12 E15 5546541 1 - 75657205 Payroll Accountant** 130016e -12 E20 5990570 5 - 108821036 4 Payroll Manager 135012e - E7 8706829 1 - 119711140 1 Police Chief 415008e - E2 16,34915 570 - 236162142 0 SEE APPENDIX FOR FOOTNOTES Page 2.3 EXHIBIT 2 Unit 2 – Non-Represented Management and Confidential Classes CLASS TITLE JOB CODE PROB PER RANGE Minimum Maximum Principal Budget Analyst 135009e - E7-E12 8310829 1 - 11426114 01 Principal Internal Auditor 135011e - E8 7725753 7 - 10882103 64 Principal Labor Relations/Risk Analyst* 150018e - E12 8310791 4 - 11426108 82 Project Liaison/Program Administrator* 150062e - E13 9092*** - 13126125 01 Public Affairs Officer 150118e - E8 7725753 7 - 10882103 64 Public Works Director 210085e - E4 1195811 389 - 18878179 79 Retirement Administrator 135030e - E3 1595015 190 - 21931208 87 Retirement Benefits Manager 135045e - E7 8706829 1 - 11971114 01 Retirement Office Manager 115007e - E17 4973397 8 - 74497094 Senior Budget Analyst 135007e - E8 7725753 7 - 10882103 64 Senior City Attorney Investigator** 160004e - E8 7725753 7 - 10882103 64 Senior Deputy City Attorney I 160013e - E6 1027085 58 - 13840131 81 Senior Deputy City Attorney II 160014e - E21 9649941 4 - 15225145 00 Senior Deputy City Attorney III 160016e - E22 1013198 84 - 15985152 24 Senior Human Resources/Risk Analyst 150017e - E8 7725753 7 - 10882103 64 Senior Law Clerk 11502210 - E16 4903408 6 - 66396323 Supervising Deputy City Attorney 160010e - E5 9588 - 15546148 06 E Exempt class, see Section 4. 10 Persons in this classification are limited to no more than two (2) consecutive years in this class. *Effective 10/3/22, by the Third Amendment to Salary Resolution 2022-152. **Effective 12/15/22, by the Seventh Amendment to Salary Resolution 2022-152. SEE APPENDIX FOR FOOTNOTES Page 2.3 ***Effective 1/2/23, by the Eighth Amendment to the Salary Resolution 2022-152. SEE APPENDIX FOR FOOTNOTES Page 3.1 3 This class is in a flexibly-staffed series which allows an employee to “flex” to the journey level after six months of satisfactory service for a total probationary period of twelve months. In those cases, in which an employee is hired at the journey level, twelve months of satisfactory service is required. 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. In those cases, in which an employee is hired at the journey level, twelve months of satisfactory service is required. **Effective 3/27/2023, by the Tenth Amendment to the Salary Resolution 2022-152. ***Effective 4/24/2023, by the Thirteenth Amendment to the Salary Resolution 2022-152. EXHIBIT 3 Unit 3 – Non-Supervisory White Collar (FCEA) CLASS TITLE JOB CODE PROB PER A B C D E Account Clerk I 1300013 63 2926 3059 3197 3345 3504 Account Clerk II 1300023 123 3234 3383 3544 3704 3875 Accountant-Auditor I** 1300114 124 4733 4950 5179 5431 5685 Accountant-Auditor II 1300124 124 5187 5427 5690 5961 6243 Accounting Technician 130010 12 3904 4088 4280 4477 4690 Administrative Clerk I 1100013 63 2715 2841 2967 3104 3245 Administrative Clerk II** 1100023 123 3104 3247 3395 3553 3716 Airports Credentialing Technician*** 115080 12 3780 3956 4139 4336 4540 Airports Operations Officer I 3100064 124 4736 4969 5208 5469 5742 Airports Operations Officer II 3100094 124 5208 5469 5742 6030 6332 Associate Electrical Safety Consultant I** 230022 12 5914 6195 6493 6799 7127 Associate Electrical Safety Consultant II** 230023 12 6233 6532 6841 7170 7518 Associate Environmental & Safety Consultant I** 230003 12 5914 6195 6493 6799 7127 Associate Environmental & Safety Consultant II** 230004 12 6233 6532 6841 7170 7518 Associate Plumbing & Mechanical Consultant I** 230012 12 5914 6195 6493 6799 7127 Associate Plumbing & Mechanical Consultant II** 230013 12 6233 6532 6841 7170 7518 Billing System Specialist 125075 12 4300 4502 4715 4928 5158 Budget Technician 135005 12 3905 4085 4277 4478 4690 Building Inspector I 2300074 124 5406 5663 5931 6217 6510 Building Inspector II** 2300084 124 5914 6195 6493 6799 7127 Building Inspector III** 230009 12 6233 6532 6841 7170 7518 SEE APPENDIX FOR FOOTNOTES Page 3.2 3 This class is in a flexibly-staffed series which allows an employee to “flex” to the journey level after six months of satisfactory service for a total probationary period of twelve months. In those cases, in which an employee is hired at the journey level, twelve months of satisfactory service is required. 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. In those cases, in which an employee is hired at the journey level, twelve months of satisfactory service is required. 5 This class is in a flexibly-staffed series. The probationary period for employees in these classes shall be up to 18 months, at the discretion of management. An employee in this series must serve a minimum one year probationary period. *Effective 3/27/2023, by the Ninth Amendment to the Salary Resolution 2022-152. **Effective 3/27/2023, by the Tenth Amendment to the Salary Resolution 2022-152. EXHIBIT 3 Unit 3 – Non-Supervisory White Collar (FCEA) CLASS TITLE JOB CODE PROB PER A B C D E Call Center Representative I** 1150703 63 3245 3396 3563 3717 3889 Call Center Representative II** 1150713 123 3557 3717 3889 4072 4263 Central Printing Clerk** 120005 12 3089 3231 3377 3536 3699 Chemist 620020 12 5150 5400 5654 5925 6207 City Records Specialist 115025 12 3892 4072 4263 4463 4675 Commercial Building Inspector** 230015 12 5914 6195 6493 6799 7127 Community Recreation Assistant** 520010 12 3774 3943 4106 4272 4459 Community Revitalization Specialist 230053 12 5276 5530 5795 6111 6366 Community Revitalization Technician 230059 12 3670 3841 4020 4210 4408 Community Services Officer I** 4100254 124 3510 3670 3840 4018 4205 Community Services Officer II** 4100264 124 3840 4018 4205 4404 4612 Computer Systems Specialist I** 1250104 124 5471 5725 5998 6286 6583 Computer Systems Specialist II** 1250114 124 5998 6282 6581 6895 7230 Computer Systems Specialist III** 125012 12 6583 6899 7232 7577 7945 Construction Compliance Specialist 150055 12 4523 4730 4956 5192 5434 Crime Scene Technician I 4100104 124 4330 4532 4746 4971 5207 Crime Scene Technician II 4100114 124 4746 4971 5207 5454 5717 Crime Specialist 410008 12 5430 5686 5959 6243 6546 Customer Services Clerk I** 1150603 63 3248 3395 3549 3715 3889 Customer Services Clerk II** 1150613 123 3558 3724 3899 4075 4263 Cybersecurity Analyst** 125090 12 6583 6899 7232 7577 7945 Deputy City Clerk** 1150284 124 3500 3662 3831 4010 4194 Development Services Coordinator** 230057 12 5427 5725 6003 6290 6592 Digital Forensics Analyst** 410050 12 7182 7543 7919 8315 8731 Emergency Services Call Taker* 410000 12 4854 5074 5262 5502 5734 Emergency Services Dispatcher I* 4100015 125 4854 5074 5262 5502 5734 Emergency Services Dispatcher II* 4100025 125 5247 5497 5758 6029 6306 Emergency Services Dispatcher III* 410003 12 5774 6038 6331 6601 6936 SEE APPENDIX FOR FOOTNOTES Page 3.3 3 This class is in a flexibly-staffed series which allows an employee to “flex” to the journey level after six months of satisfactory service for a total probationary period of twelve months. In those cases, in which an employee is hired at the journey level, twelve months of satisfactory service is required. 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. In those cases, in which an employee is hired at the journey level, twelve months of satisfactory service is required. 5 This class is in a flexibly-staffed series. The probationary period for employees in these classes shall be up to 18 months, at the discretion of management. An employee in this series must serve a minimum one year probationary period. **Effective 3/27/2023, by the Tenth Amendment to the Salary Resolution 2022-152. EXHIBIT 3 Unit 3 – Non-Supervisory White Collar (FCEA) CLASS TITLE JOB CODE PROB PER A B C D E Engineer I 2100154 124 6874 7218 7578 7957 8355 Engineer II 2100164 124 7758 8147 8554 8981 9430 Engineering Aide I 2100013 63 3386 3536 3698 3870 4055 Engineering Aide II** 2100023 123 4015 4204 4394 4598 4822 Engineering Inspector I** 2300754 124 5288 5557 5807 6081 6376 Engineering Inspector II** 2300764 124 5784 6057 6349 6652 6972 Engineering Technician I 2100054 124 3978 4164 4365 4559 4774 Engineering Technician II** 2100064 124 4724 4955 5183 5424 5684 Environmental Control Officer 620001 12 5080 5324 5569 5834 6109 Facilities Construction Specialist 230085 12 5192 5433 5692 5963 6250 Fire Prevention Inspector I 4200015 125 4588 4803 5022 5268 5519 Fire Prevention Inspector II 4200025 125 5289 5530 5795 6079 6366 Fleet Operations Specialist 710105 12 4852 5077 5323 5573 5841 Geographic Information System (GIS) Specialist** 125025 12 6583 6899 7232 7577 7945 Geographic Information System (GIS) Technician I** 1250264 124 5467 5722 5993 6281 6578 Geographic Information System (GIS) Technician II** 1250274 124 5998 6280 6581 6895 7230 Graphics Technician** 120013 12 4268 4474 4691 4920 5160 Helicopter Pilot** 410033 12 6471 6787 7119 7468 7836 Housing Rehabilitation Specialist 230056 12 5259 5515 5788 6071 6366 Industrial/Commercial Water Conservation Representative 610015 12 5089 5332 5579 5845 6121 Interpreter/Translator 150232 12 5440 5739 6018 6305 6607 Laboratory Assistant 620010 12 3552 3721 3893 4074 4263 Laboratory Technician I 6200114 124 4270 4470 4680 4899 5128 Laboratory Technician II 6200124 124 4690 4908 5140 5386 5642 Landscape Water Conservation Specialist 610005 12 5074 5316 5569 5833 6109 SEE APPENDIX FOR FOOTNOTES Page 3.4 3 This class is in a flexibly-staffed series which allows an employee to “flex” to the journey level after six months of satisfactory service for a total probationary period of twelve months. In those cases, in which an employee is hired at the journey level, twelve months of satisfactory service is required. 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. In those cases, in which an employee is hired at the journey level, twelve months of satisfactory service is required. *Effective 10/3/2022, by the Fourth Amendment to the Salary Resolution 2022-152. **Effective 3/27/2023, by the Tenth Amendment to the Salary Resolution 2022-152. ***Effective 3/27/2023, by the Twelfth Amendment to the Salary Resolution 2022-152. EXHIBIT 3 Unit 3 – Non-Supervisory White Collar (FCEA) CLASS TITLE JOB CODE PROB PER A B C D E Law Office Assistant 115021 12 4266 4474 4692 4920 5158 Network Systems Specialist** 125030 12 6583 6899 7232 7577 7945 PAR Program Specialist 410023 12 3670 3841 4020 4210 4408 Paratransit Specialist 320005 12 3909 4094 4287 4480 4690 Parking Enforcement Officer I** 7101204 124 3049 3174 3305 3435 3581 Parking Enforcement Officer II** 7101214 124 3314 3455 3598 3743 3911 Parking Enforcement Officer III** 710122 12 3598 3743 3911 4071 4246 Park Ranger I* ** 4100604 124 3510 3670 3840 4018 4205 Park Ranger II* ** 4100614 124 3840 4018 4205 4404 4612 Phlebotomist 410007 12 3552 3721 3893 4074 4263 Planner I** 2200053 63 4901 5122 5367 5626 5896 Planner II** 2200063 123 5522 5826 6109 6400 6707 Plans and Permit Technician 220002 12 5169 5411 5657 5934 6217 Plans Examiner 210041 12 5672 5928 6213 6517 6824 Police Data Transcriptionist** 115035 12 4148 4339 4541 4752 4975 Police Support Services Clerk** 115043 12 3443 3602 3768 3943 4126 Police Support Services Technician** 115044 12 3780 3956 4139 4336 4540 Principal Account Clerk 130004 12 3904 4088 4280 4477 4690 Procurement Specialist 140002 12 4903 5138 5380 5636 5905 Program Compliance Officer 640026 12 4193 4400 4614 4838 5074 Programmer/Analyst I** 1250204 124 5474 5730 6001 6291 6587 Programmer/Analyst II** 1250214 124 5998 6282 6581 6895 7230 Programmer/Analyst III** 125022 12 6583 6899 7232 7577 7945 Programmer/Analyst IV** 125023 12 7231 7582 7950 8328 8730 Property & Evidence Technician** 145010 12 4217 4415 4622 4840 5068 Property Specialist I*** 1750014 124 5068 5313 5565 5826 6108 Property Specialist II*** 1750024 124 5873 6153 6450 6756 7083 Radio Dispatcher 120015 12 3602 3765 3922 4095 4263 Rangemaster/Armorer 410035 12 4972 5208 5455 5718 5989 SEE APPENDIX FOR FOOTNOTES Page 3.5 EXHIBIT 3 Unit 3 – Non-Supervisory White Collar (FCEA) CLASS TITLE JOB CODE PROB PER A B C D E Real Estate Finance Specialist I 1700014 124 4109 4301 4497 4712 4934 Real Estate Finance Specialist II** 1700024 124 4894 5125 5369 5623 5889 Recreation Specialist** 520005 12 4087 4275 4476 4687 4906 Retirement Counselor I 1350504 124 3903 4087 4279 4479 4690 Retirement Counselor II 1350514 124 4291 4491 4702 4925 5158 Safety and Training Specialist 150050 12 4582 4804 5041 5287 5546 Secretary** 110050 12 3716 3889 4070 4258 4460 Senior Account Clerk 130003 12 3557 3718 3889 4072 4264 Senior Administrative Clerk** 110003 12 3395 3553 3716 3889 4070 Senior Call Center Representative** 115072 12 4095 4292 4499 4717 4946 Senior Commercial Building Inspector** 230016 12 6233 6532 6841 7170 7518 Senior Community Revitalization Specialist 230054 12 5914 6192 6480 6794 7123 Senior Community Services Officer** 410027 12 4178 4374 4579 4791 5019 Senior Crime Scene Technician** 410012 12 4972 5208 5455 5718 5989 Senior Customer Services Clerk** 115062 12 4066 4248 4445 4654 4872 Senior Cybersecurity Analyst 125091 12 7229 7580 7947 8326 8728 Senior Deputy City Clerk 1150294 124 3904 4084 4277 4477 4690 Senior Engineering Technician** 210007 12 5329 5581 5843 6124 6406 Senior Fire Prevention Inspector 420003 12 5914 6192 6480 6794 7123 Senior Laboratory Technician 620013 12 5228 5478 5739 6012 6299 Senior Network Systems Specialist 125031 12 7229 7580 7947 8326 8728 Senior Park Ranger* ** 410062 12 4178 4374 4579 4791 5019 Senior Plans Examiner 210042 12 6230 6521 6825 7156 7504 Senior Procurement Specialist 140003 12 5380 5636 5905 6188 6481 Senior Property & Evidence Technician** 145011 12 4622 4840 5068 5305 5559 Senior Records Clerk 110101 12 3557 3721 3894 4075 4263 Senior Secretary 110051 12 3904 4084 4277 4477 4690 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. In those cases, in which an employee is hired at the journey level, twelve months of satisfactory service is required. *Effective 10/3/2022, by the Fourth Amendment to the Salary Resolution No. 2022-152. **Effective3/27/2023, by the Tenth Amendment to the Salary Resolution No. 2022-152. SEE APPENDIX FOR FOOTNOTES Page 3.6 EXHIBIT 3 Unit 3 – Non-Supervisory White Collar (FCEA) CLASS TITLE JOB CODE PROB PER A B C D E Senior Storeskeeper** 145002 12 4217 4415 4622 4840 5068 Senior Utility Service Representative 230092 12 4289 4490 4702 4923 5158 Senior Water Systems Telemetry & Distributed Control Specialist 610022 12 7229 7580 7947 8326 8728 Staff Assistant 150001 12 3910 4094 4288 4481 4691 Storeskeeper 145001 12 3875 4057 4244 4443 4652 Survey Party Technician** 210030 12 4724 4955 5183 5424 5684 Tax/Permit Inspector 135001 12 4588 4804 5024 5271 5520 Traffic Signal Operations Specialist 710150 12 6575 6889 7222 7566 7935 Transit Scheduler 320049 12 6575 6889 7222 7566 7935 Tree Program Specialist 510015 12 4851 5079 5325 5577 5841 Utility Service Representative I 2300904 124 3556 3720 3892 4074 4263 Utility Service Representative II 2300914 124 3903 4087 4277 4478 4689 Wastewater Reclamation Coordinator 620035 12 5068 5313 5565 5826 6108 Water Conservation Representative 610001 12 3669 3841 4020 4208 4407 Water Systems Telemetry & Distributed Control Specialist 610021 12 5985 6268 6568 6882 7213 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. In those cases, in which an employee is hired at the journey level, twelve months of satisfactory service is required. **Effective 3/27/2023, by the Tenth Amendment to the Salary Resolution 2022-152. SEE APPENDIX FOR FOOTNOTES Page 3.7 3 This class is in a flexibly-staffed series which allows an employee to “flex” to the journey level after six months of satisfactory service for a total probationary period of twelve months. In those cases, in which an employee is hired at the journey level, twelve months of satisfactory service is required. 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. In those cases, in which an employee is hired at the journey level, twelve months of satisfactory service is required. **Effective 3/27/2023, by the Tenth Amendment to the Salary Resolution 2022-152. ***Effective 4/24/2023, by the Thirteenth Amendment to the Salary Resolution 2022-152. EXHIBIT 3 Unit 3 – Non-Supervisory White Collar (FCEA), effective June 19, 2023 CLASS TITLE JOB CODE PROB PER A B C D E Account Clerk I 1300013 63 3014 3151 3293 3446 3610 Account Clerk II 1300023 123 3332 3485 3651 3816 3992 Accountant-Auditor I** 1300114 124 4875 5099 5335 5594 5856 Accountant-Auditor II 1300124 124 5343 5590 5861 6140 6431 Accounting Technician 130010 12 4022 4211 4409 4612 4831 Administrative Clerk I 1100013 63 2797 2927 3057 3198 3343 Administrative Clerk II** 1100023 123 3198 3345 3497 3660 3828 Airports Credentialing Technician*** 115080 12 3894 4075 4264 4467 4677 Airports Operations Officer I 3100064 124 4879 5119 5365 5634 5915 Airports Operations Officer II 3100094 124 5365 5634 5915 6211 6522 Associate Electrical Safety Consultant I** 230022 12 6092 6381 6688 7003 7341 Associate Electrical Safety Consultant II** 230023 12 6420 6728 7047 7386 7744 Associate Environmental & Safety Consultant I** 230003 12 6092 6381 6688 7003 7341 Associate Environmental & Safety Consultant II** 230004 12 6420 6728 7047 7386 7744 Associate Plumbing & Mechanical Consultant I** 230012 12 6092 6381 6688 7003 7341 Associate Plumbing & Mechanical Consultant II** 230013 12 6420 6728 7047 7386 7744 Billing System Specialist 125075 12 4429 4638 4857 5076 5313 Budget Technician 135005 12 4023 4208 4406 4613 4831 Building Inspector I 2300074 124 5569 5833 6109 6404 6706 Building Inspector II** 2300084 124 6092 6381 6688 7003 7341 Building Inspector III** 230009 12 6420 6728 7047 7386 7744 SEE APPENDIX FOR FOOTNOTES Page 3.8 3 This class is in a flexibly-staffed series which allows an employee to “flex” to the journey level after six months of satisfactory service for a total probationary period of twelve months. In those cases, in which an employee is hired at the journey level, twelve months of satisfactory service is required. 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. In those cases, in which an employee is hired at the journey level, twelve months of satisfactory service is required. 5 This class is in a flexibly-staffed series. The probationary period for employees in these classes shall be up to 18 months, at the discretion of management. An employee in this series must serve a minimum one year probationary period. *Effective 3/27/2023, by the Ninth Amendment to the Salary Resolution 2022-152. **Effective 3/27/2023, by the Tenth Amendment to Salary Resolution 2022-152. EXHIBIT 3 Unit 3 – Non-Supervisory White Collar (FCEA), effective June 19, 2023 CLASS TITLE JOB CODE PROB PER A B C D E Call Center Representative I** 1150703 63 3343 3498 3670 3829 4006 Call Center Representative II** 1150713 123 3664 3829 4006 4195 4391 Central Printing Clerk** 120005 12 3182 3328 3479 3643 3810 Chemist 620020 12 5305 5562 5824 6103 6394 City Records Specialist 115025 12 4009 4195 4391 4597 4816 Commercial Building Inspector** 230015 12 6092 6381 6688 7003 7341 Community Recreation Assistant** 520010 12 3888 4062 4230 4401 4593 Community Revitalization Specialist 230053 12 5435 5696 5969 6295 6557 Community Revitalization Technician 230059 12 3781 3957 4141 4337 4541 Community Services Officer I* 4100254 124 3616 3781 3956 4139 4332 Community Services Officer II** 4100264 124 3956 4139 4332 4537 4751 Computer Systems Specialist I** 1250104 124 5636 5897 6178 6475 6781 Computer Systems Specialist II** 1250114 124 6178 6471 6779 7102 7447 Computer Systems Specialist III** 125012 12 6781 7106 7449 7805 8184 Construction Compliance Specialist 150055 12 4659 4872 5105 5348 5598 Crime Scene Technician I 4100104 124 4460 4668 4889 5121 5364 Crime Scene Technician II 4100114 124 4889 5121 5364 5618 5889 Crime Specialist 410008 12 5593 5857 6138 6431 6743 Customer Services Clerk I** 1150603 63 3346 3497 3656 3827 4006 Customer Services Clerk II** 1150613 123 3665 3836 4016 4198 4391 Cybersecurity Analyst** 125090 12 6781 7106 7449 7805 8184 Deputy City Clerk** 1150284 124 3605 3772 3946 4131 4320 Development Services Coordinator** 230057 12 5590 5897 6184 6479 6790 Digital Forensics Analyst** 410050 12 7398 7770 8157 8565 8993 Emergency Services Call Taker* 410000 12 5000 5227 5420 5668 5907 Emergency Services Dispatcher I* 4100015 125 5000 5227 5420 5668 5907 Emergency Services Dispatcher II* 4100025 125 5405 5662 5931 6210 6496 Emergency Services Dispatcher III* 410003 12 5948 6220 6521 6800 7145 SEE APPENDIX FOR FOOTNOTES Page 3.9 3 This class is in a flexibly-staffed series which allows an employee to “flex” to the journey level after six months of satisfactory service for a total probationary period of twelve months. In those cases, in which an employee is hired at the journey level, twelve months of satisfactory service is required. 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. In those cases, in which an employee is hired at the journey level, twelve months of satisfactory service is required. 5 This class is in a flexibly-staffed series. The probationary period for employees in these classes shall be up to 18 months, at the discretion of management. An employee in this series must serve a minimum one year probationary period. **Effective 3/27/2023, by the Tenth Amendment to the Salary Resolution 2022-152 EXHIBIT 3 Unit 3 – Non-Supervisory White Collar (FCEA), effective June 19, 2023 CLASS TITLE JOB CODE PROB PER A B C D E Engineer I 2100154 124 7081 7435 7806 8196 8606 Engineer II 2100164 124 7991 8392 8811 9251 9713 Engineering Aide I 2100013 63 3488 3643 3809 3987 4177 Engineering Aide II** 2100023 123 4136 4331 4526 4736 4967 Engineering Inspector I** 2300754 124 5447 5724 5982 6264 6568 Engineering Inspector II** 2300764 124 5958 6239 6540 6852 7182 Engineering Technician I 2100054 124 4098 4289 4496 4696 4918 Engineering Technician II** 2100064 124 4866 5104 5339 5587 5855 Environmental Control Officer 620001 12 5233 5484 5737 6010 6293 Facilities Construction Specialist 230085 12 5348 5596 5863 6142 6438 Fire Prevention Inspector I 4200015 125 4726 4948 5173 5427 5685 Fire Prevention Inspector II 4200025 125 5448 5696 5969 6262 6557 Fleet Operations Specialist 710105 12 4998 5230 5483 5741 6017 Geographic Information System (GIS) Specialist** 125025 12 6781 7106 7449 7805 8184 Geographic Information System (GIS) Technician I** 1250264 124 5632 5894 6173 6470 6776 Geographic Information System (GIS) Technician II** 1250274 124 6178 6469 6779 7102 7447 Graphics Technician** 120013 12 4397 4609 4832 5068 5315 Helicopter Pilot** 410033 12 6666 6991 7333 7693 8072 Housing Rehabilitation Specialist 230056 12 5417 5681 5962 6254 6557 Industrial/Commercial Water Conservation Representative 610015 12 5242 5492 5747 6021 6305 Interpreter/Translator 150232 12 5604 5912 6199 6495 6806 Laboratory Assistant 620010 12 3659 3833 4010 4197 4391 Laboratory Technician I 6200114 124 4399 4605 4821 5046 5282 Laboratory Technician II 6200124 124 4831 5056 5295 5548 5812 Landscape Water Conservation Specialist 610005 12 5227 5476 5737 6008 6293 SEE APPENDIX FOR FOOTNOTES Page 3.10 3 This class is in a flexibly-staffed series which allows an employee to “flex” to the journey level after six months of satisfactory service for a total probationary period of twelve months. In those cases, in which an employee is hired at the journey level, twelve months of satisfactory service is required. 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. In those cases, in which an employee is hired at the journey level, twelve months of satisfactory service is required. *Effective 10/3/2022, by the Fourth Amendment to the Salary Resolution 2022-152. **Effective 3/27/2023, by the Tenth Amendment to the Salary Resolution 2022-152. ***Effective 3/27/2023, by the Twelfth Amendment to the Salary Resolution 2022-152. EXHIBIT 3 Unit 3 – Non-Supervisory White Collar (FCEA), effective June 19, 2023 CLASS TITLE JOB CODE PROB PER A B C D E Law Office Assistant 115021 12 4394 4609 4833 5068 5313 Network Systems Specialist** 125030 12 6781 7106 7449 7805 8184 PAR Program Specialist 410023 12 3781 3957 4141 4337 4541 Paratransit Specialist 320005 12 4027 4217 4416 4615 4831 Park Ranger I* ** 4100604 124 3616 3781 3956 4139 4332 Park Ranger II* ** 4100614 124 3956 4139 4332 4537 4751 Parking Enforcement Officer I** 7101204 124 3141 3270 3405 3539 3689 Parking Enforcement Officer II** 7101214 124 3414 3559 3706 3856 4029 Parking Enforcement Officer III** 710122 12 3706 3856 4029 4194 4374 Phlebotomist 410007 12 3659 3833 4010 4197 4391 Planner I** 2200053 63 5049 5276 5529 5795 6073 Planner II** 2200063 123 5688 6001 6293 6592 6909 Plans and Permit Technician 220002 12 5325 5574 5827 6113 6404 Plans Examiner 210041 12 5843 6106 6400 6713 7029 Police Data Transcriptionist** 115035 12 4273 4470 4678 4895 5125 Police Support Services Clerk** 115043 12 3547 3711 3882 4062 4250 Police Support Services Technician** 115044 12 3894 4075 4264 4467 4677 Principal Account Clerk 130004 12 4022 4211 4409 4612 4831 Procurement Specialist 140002 12 5051 5293 5542 5806 6083 Program Compliance Officer 640026 12 4319 4532 4753 4984 5227 Programmer/Analyst I** 1250204 124 5639 5902 6182 6480 6785 Programmer/Analyst II** 1250214 124 6178 6471 6779 7102 7447 Programmer/Analyst III** 125022 12 6781 7106 7449 7805 8184 Programmer/Analyst IV** 125023 12 7448 7810 8189 8578 8992 Property & Evidence Technician** 145010 12 4344 4548 4761 4986 5221 Property Specialist I*** 1750014 124 5221 5473 5732 6001 6292 Property Specialist II*** 1750024 124 6050 6338 6644 6959 7296 Radio Dispatcher 120015 12 3711 3878 4040 4218 4391 Rangemaster/Armorer 410035 12 5122 5365 5619 5890 6169 SEE APPENDIX FOR FOOTNOTES Page 3.11 EXHIBIT 3 Unit 3 – Non-Supervisory White Collar (FCEA), effective June 19, 2023 CLASS TITLE JOB CODE PROB PER A B C D E Real Estate Finance Specialist I 1700014 124 4233 4431 4632 4854 5083 Real Estate Finance Specialist II** 1700024 124 5041 5279 5531 5792 6066 Recreation Specialist** 520005 12 4210 4404 4611 4828 5054 Retirement Counselor I 1350504 124 4021 4210 4408 4614 4831 Retirement Counselor II 1350514 124 4420 4626 4844 5073 5313 Safety and Training Specialist 150050 12 4720 4949 5193 5446 5713 Secretary** 110050 12 3828 4006 4193 4386 4594 Senior Account Clerk 130003 12 3664 3830 4006 4195 4392 Senior Administrative Clerk** 110003 12 3497 3660 3828 4006 4193 Senior Call Center Representative** 115072 12 4218 4421 4634 4859 5095 Senior Commercial Building Inspector** 230016 12 6420 6728 7047 7386 7744 Senior Community Revitalization Specialist 230054 12 6092 6378 6675 6998 7337 Senior Community Services Officer** 410027 12 4304 4506 4717 4935 5170 Senior Crime Scene Technician** 410012 12 5122 5365 5619 5890 6169 Senior Customer Services Clerk** 115062 12 4188 4376 4579 4794 5019 Senior Cybersecurity Analyst 125091 12 7446 7808 8186 8576 8990 Senior Deputy City Clerk 1150294 124 4022 4207 4406 4612 4831 Senior Engineering Technician** 210007 12 5489 5749 6019 6308 6599 Senior Fire Prevention Inspector 420003 12 6092 6378 6675 6998 7337 Senior Laboratory Technician 620013 12 5385 5643 5912 6193 6488 Senior Network Systems Specialist 125031 12 7446 7808 8186 8576 8990 Senior Park Ranger* ** 410062 12 4304 4506 4717 4935 5170 Senior Plans Examiner 210042 12 6417 6717 7030 7371 7730 Senior Procurement Specialist 140003 12 5542 5806 6083 6374 6676 Senior Property & Evidence Technician** 145011 12 4761 4986 5221 5465 5726 Senior Records Clerk 110101 12 3664 3833 4011 4198 4391 Senior Secretary 110051 12 4022 4207 4406 4612 4831 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. In those cases, in which an employee is hired at the journey level, twelve months of satisfactory service is required. *Effective 10/3/2022, by the Fourth Amendment to the Salary Resolution No. 2022-152. **Effective 3/27/2023, by the Tenth Amendment to the Salary Resolution 2022-152. SEE APPENDIX FOR FOOTNOTES Page 3.12 EXHIBIT 3 Unit 3 – Non-Supervisory White Collar (FCEA), effective June 19, 2023 CLASS TITLE JOB CODE PROB PER A B C D E Senior Storeskeeper** 145002 12 4344 4548 4761 4986 5221 Senior Utility Service Representative 230092 12 4418 4625 4844 5071 5313 Senior Water Systems Telemetry & Distributed Control Specialist 610022 12 7446 7808 8186 8576 8990 Staff Assistant 150001 12 4028 4217 4417 4616 4832 Storeskeeper 145001 12 3992 4179 4372 4577 4792 Survey Party Technician** 210030 12 4866 5104 5339 5587 5855 Tax/Permit Inspector 135001 12 4726 4949 5175 5430 5686 Traffic Signal Operations Specialist 710150 12 6773 7096 7439 7793 8174 Transit Scheduler 320049 12 6773 7096 7439 7793 8174 Tree Program Specialist 510015 12 4997 5232 5485 5745 6017 Utility Service Representative I 2300904 124 3663 3832 4009 4197 4391 Utility Service Representative II 2300914 124 4021 4210 4406 4613 4830 Wastewater Reclamation Coordinator 620035 12 5221 5473 5732 6001 6292 Water Conservation Representative 610001 12 3780 3957 4141 4335 4540 Water Systems Telemetry & Distributed Control Specialist 610021 12 6165 6457 6766 7089 7430 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. In those cases, in which an employee is hired at the journey level, twelve months of satisfactory service is required. **Effective 3/27/2023, by the Tenth Amendment to the Salary Resolution 2022-152. SEE APPENDIX FOR FOOTNOTES Page 4.1 EXHIBIT 4 Unit 4 - Non-Management Police (FPOA), CLASS TITLE JOB CODE PROB PER A B C D E F G H Police Officer Recruit 415001 12 6124 6429 – – – – – – Police Officer 4150026 126 – – 6750 7088 7443 7817 8208 8619 Police Sergeant 415004 12 7378 7748 8136 8543 8972 9421 9892 10387 6 A person promoting from Police Officer Recruit to Police Officer after one year of service must serve a probationary period of six months in the Police Officer class. A person who is hired as a Police Officer – Lateral (from another agency) must serve a probationary period of one year in the Police Officer class EXHIBIT 4 Unit 4 - Non-Management Police (FPOA), effective June 19, 2023 CLASS TITLE JOB CODE PROB PER A B C D E F G H I Police Officer 4150026 126 – – 6953 7301 7667 8052 8455 8878 9322 Police Officer Recruit 415001 12 6308 6622 – – – – – – – Police Sergeant 415004 12 7600 7981 8381 8800 9242 9704 10189 10699 11234 6 A person promoting from Police Officer Recruit to Police Officer after one year of service must serve a probationary period of six months in the Police Officer class. A person who is hired as a Police Officer – Lateral (from another agency) must serve a probationary period of one year in the Police Officer class SEE APPENDIX FOR FOOTNOTES Page 5.1 EXHIBIT 5 Unit 5 – Fire Non-Management (IAFF) CLASS TITLE JOB CODE PROB PER A B C D E F G H Firefighter Trainee 425001 --- 5233 Firefighter 425002 12 5815 6104 6411 6731 7089 7425 7797 8187 Firefighter Specialist 425003 12 6512 6837 7182 7537 7915 8311 8727 9164 Fire Captain 425004 12 7268 7632 8013 8415 8837 9280 9744 10232 Fire Investigation Unit Supervisor 425010 12 7268 7632 8013 8415 8837 9280 9744 10232 EXHIBIT 5 Unit 5 – Fire Non-Management (IAFF), effective June 19, 2023 CLASS TITLE JOB CODE PROB PER A B C D E F G H Fire Captain 425004 12 7487 7861 8254 8668 9103 9559 10037 10539 Fire Investigation Unit Supervisor 425010 12 7487 7861 8254 8668 9103 9559 10037 10539 Firefighter 425002 12 5990 6288 6604 6933 7302 7648 8031 8433 Firefighter Specialist 425003 12 6708 7043 7398 7764 8153 8561 8989 9439 Firefighter Trainee 425001 --- 5390 EXHIBIT 5 Unit 5 – Fire Non-Management (IAFF), effective September 25, 2023 CLASS TITLE JOB CODE PROB PER A B C D E F G H I Fire Captain 425004 12 7487 7861 8254 8668 9103 9559 10037 10539 11066 Fire Investigation Unit Supervisor 425010 12 7487 7861 8254 8668 9103 9559 10037 10539 11066 Firefighter 425002 12 5990 6288 6604 6933 7302 7648 8031 8433 8855 Firefighter Specialist 425003 12 6708 7043 7398 7764 8153 8561 8989 9439 9911 Firefighter Trainee 425001 --- 5390 SEE APPENDIX FOR FOOTNOTES Page 6.1 EXHIBIT 6 Unit 6 – Bus Drivers and Student Drivers (ATU), retroactively effective October 26, 2020 CLASS TITLE JOB CODE PROB PER A B C D E Bus Driver 320015 9 23.676923 24.865385 26.105769 27.409615 28.782692 Bus Driver 320015 9 4104 4310 4525 4751 4989 Student Driver 3200141 - 21.525000 Student Driver 3200141 - 3731 1 This is a training class in which incumbents do not achieve permanent status within the classified service, as defined in FMC Section 3-202 (p)(5). EXHIBIT 6 Unit 6 – Bus Drivers and Student Drivers (ATU), retroactively effective June 21, 2021 CLASS TITLE JOB CODE PROB PER A B C D E Bus Driver 320015 9 24.392308 25.615385 26.890385 28.234615 29.648077 Bus Driver 320015 9 4228 4440 4661 4894 5139 Student Driver 3200141 - 22.171154 Student Driver 3200141 - 3843 1 This is a training class in which incumbents do not achieve permanent status within the classified service, as defined in FMC Section 3-202 (p)(5). EXHIBIT 6 Unit 6 – Bus Drivers and Student Drivers (ATU), retroactively effective June 20, 2022 CLASS TITLE JOB CODE PROB PER A B C D E Longevity Bus Driver 320015 9 25.125000 26.388462 27.698077 29.082692 30.542308 32.071154 Bus Driver 320015 9 4355 4574 4801 5041 5294 5559 Student Driver 3200141 - 22.840385 Student Driver 3200141 - 3959 1 This is a training class in which incumbents do not achieve permanent status within the classified service, as defined in FMC Section 3-202 (p)(5). 7/21/2022 Second Amendment Supersedes Original SEE APPENDIX FOR FOOTNOTES Page 6.2 EXHIBIT 6 Unit 6 – Bus Drivers and Student Drivers (ATU), effective June 19, 2023 CLASS TITLE JOB CODE PROB PER A B C D E Longevity Bus Driver 320015 9 25.880769 27.184615 28.534615 29.959615 31.459615 33.034615 Bus Driver 320015 9 4486 4712 4946 5193 5453 5726 Student Driver 3200141 - 23.526923 Student Driver 3200141 - 4078 1 This is a training class in which incumbents do not achieve permanent status within the classified service, as defined in FMC Section 3-202 (p)(5). EXHIBIT 6 Unit 6 – Bus Drivers and Student Drivers (ATU), effective June 17 2024 CLASS TITLE JOB CODE PROB PER A B C D E Longevity Bus Driver 320015 9 26.659615 28.003846 29.394231 30.859615 32.405769 34.026923 Bus Driver 320015 9 4621 4854 5095 5349 5617 5898 Student Driver 3200141 - 24.236538 Student Driver 3200141 - 4201 1 This is a training class in which incumbents do not achieve permanent status within the classified service, as defined in FMC Section 3-202 (p)(5). 7/21/2022 Second Amendment Supersedes Original SEE APPENDIX FOR FOOTNOTES Page 7.1 EXHIBIT 7 Unit 7 – Non-Supervisory Groups and Crafts (IBEW) CLASS TITLE JOB CODE PROB PER RANGE SALARY Air Conditioning Mechanic 730001 12 Flat Rate 7064 Airports Electrician 730011 12 Flat Rate 6390 Concrete Finisher 730005 12 Flat Rate 6162 Electrician 730010 12 Flat Rate 6390 Industrial Electrician 730012 12 Flat Rate 7064 Painter 730015 12 Flat Rate 5614 Plumber 730030 12 Flat Rate 6390 EXHIBIT 7 Unit 7 – Non-Supervisory Groups and Crafts (IBEW), effective June 19, 2023 CLASS TITLE JOB CODE PROB PER RANGE SALARY Air Conditioning Mechanic 730001 12 Flat Rate 7276 Airports Electrician 730011 12 Flat Rate 6582 Concrete Finisher 730005 12 Flat Rate 6347 Electrician 730010 12 Flat Rate 6582 Industrial Electrician 730012 12 Flat Rate 7276 Painter 730015 12 Flat Rate 5783 Plumber 730030 12 Flat Rate 6582 SEE APPENDIX FOR FOOTNOTES Page 8.1 EXHIBIT 8 Unit 8 – Non-Represented CLASS TITLE JOB CODE PROB PER A B C D E F G Airport Public Safety Officer†‡ 310002 12 5750 6034 6321 6634 6961 7310 7676 Airport Public Safety Supervisor†*12‡ 310003 12 7673 8056 8460 8882 9327 9794 10284 Airport Public Safety Supervisor†**13‡ 310005 12 6708 7042 7395 7764 8150 8558 8986 †‡To be calculated as if working 40 hours per week. *12Hired before July 1, 2010 **13Hired on or after July 1, 2010 ‡Effective 5/22/2023, by the Fourteenth Amendment to the Salary Resolution 2022-152. CLASS TITLE JOB CODE PROB PER RANGE SALARY Cashier Clerk* 910010 - Hourly $15.50 – $19.50 Per Hour Law Clerk 910015 - Hourly $20.00 - $25.00 Per Hour Law Enforcement Instructor 940020 - Hourly $18.00 - $25.00 Per Hour Lifeguard* 950001 - Hourly $15.50 - $19.50 Per Hour Police Cadet I* 9400059 48 mos. Hourly $15.50 - $20.50 Per Hour Police Cadet II 9400069 48 mos. Hourly $18.00- $25.00 Per Hour Pool Supervisor 950015 - Hourly $18.00 - $25.00 Per Hour Senior Lifeguard* 950002 - Hourly $16.00 - $20.50 Per Hour Services Aide* 910005 - Hourly $15.50 - $19.50 Per Hour Sports Official* 950010 - $15.50 - $50.00 Per Game Intern* 910002 - Hourly $15.50 - $19.50 Per Hour Youth Jobs Corps Program Ambassador***** 910031 - Hourly $15.50 - $19.50 Per Hour Youth Jobs Corps Program Participant***** 910032 - Hourly $15.50 - $19.50 Per Hour Youth Jobs Corps Program Mentor***** 910033 - Hourly $16.00 - $20.50 Per Hour *Effective 1/1/2023, by the Sixth Amendment to the Salary Resolution 2022-152. *****Effective 5/22/2023, by the Fourteenth Amendment to the Salary Resolution 2022-152. SEE APPENDIX FOR FOOTNOTES Page 9.1 EXHIBIT 9 Unit 9 – Police Management CLASS TITLE JOB CODE PROB PER A B C D E F G H Deputy Police Chief 415007e* - 12571 - 16341 - - - - Police Captain 415006e 12 10509 11034 11586 12165 12776 13415 14086 14790 Police Lieutenant 415005e 12 9127 9583 10064 10566 11095 11650 12233 12845 e Exempt class, see Section 4. *E9 Executive Pay Range EXHIBIT 9 Unit 9 – Police Management, effective June 19, 2023 CLASS TITLE JOB CODE PROB PER A B C D E F G H I Deputy Police Chief 415007e*1 1 - 13597 - 17674 - - - - - Police Captain 415006e 12 1082 5 11366 11934 12530 13160 13818 14509 15234 15996 Police Lieutenant 415005e 12 9401 9871 10366 10883 11428 12000 12600 13231 13893 e Exempt class, see Section 4. *11 E9 Executive Pay Range SEE APPENDIX FOR FOOTNOTES Page 10.1 EXHIBIT 10 Unit 10 – Fire Management CLASS TITLE JOB CODE PROB PER A B C D E F G H Fire Battalion Chief 425005e 12 9284 9750 10236 10745 11284 11847 12440 13062 Fire Deputy Chief 425006e - 11770 12359 12978 13628 14309 15027 15780 16569 e Exempt class, see Section 4. EXHIBIT 10 Unit 10 – Fire Management, June 19, 2023 CLASS TITLE JOB CODE PROB PER A B C D E F G H Fire Battalion Chief 425005e 12 9563 10043 10544 11068 11623 12203 12814 13454 Fire Deputy Chief 425006e - 12124 12730 13368 14037 14739 15478 16254 17067 e Exempt class, see Section 4. EXHIBIT 10 Unit 10 – Fire Management, effective September 25, 2023 CLASS TITLE JOB CODE PROB PER A B C D E F G H I Fire Battalion Chief 425005e 12 9563 10043 10544 11068 11623 12203 12814 13454 14127 Fire Deputy Chief 425006e - 12124 12730 13368 14037 14739 15478 16254 17067 17921 e Exempt class, see Section 4. SEE APPENDIX FOR FOOTNOTES Page 12.1 EXHIBIT 12 Unit 12 – Board and Commission Members CLASS TITLE JOB CODE RANGE SALARY Civil Service Board Member 156015 Stipend $25 Per Meeting Attended Housing and Community Development Commissioner 156005 Stipend $25 Per Meeting Attended, not to exceed 24 meetings per fiscal year Human Relations Commissioner 156025 Stipend $25 Per Meeting Attended, not to exceed 24 meetings per fiscal year Planning Commissioner 156001 Stipend $100 Per Meeting Attended, not to exceed 36 meetings per fiscal year Retirement Board Member8 156030 Stipend $100 Per Meeting Attended, not to exceed $300 per month 8 Not applicable for current City employees. SEE APPENDIX FOR FOOTNOTES Page 13-1.1 e Exempt class, see Section 4. **Effective 3/27/2023, by the Eleventh Amendment to the Salary Resolution 2022-152. ***Effective 4/24/2023, by the Thirteenth Amendment to the Salary Resolution 2022-152. EXHIBIT 13-1 Unit 13 – Exempt Supervisory and Professional (CFPEA) CLASS TITLE JOB CODE PROB PER A B C D E Acoustical Program Coordinator 310100e 12 6256 6564 6882 7223 7575 Airports Airside/Landside Superintendent 310018e 12 6881 7218 7574 7944 8334 Airports Credentialing Supervisor*** 115081e 12 5527 5798 6085 6377 6693 Airports Projects Supervisor 310016e 12 7232 7586 7959 8350 8763 Airports Property Supervisor 175005e 12 6262 6567 6886 7227 7575 Architect 210045e 12 8738 9170 9621 10102 10606 Assistant Law Office Manager 115019e 12 7150 7495 7866 8246 8651 Business Process & Systems Analyst 125044e 12 7149 7495 7864 8248 8651 Call Center Supervisor** 115073e 12 5767 6048 6340 6645 6969 Capital Development Specialist 310007e 12 6878 7220 7573 7946 8335 Central Print Supervisor 120007e 12 5168 5423 5686 5965 6254 Chief Engineering Inspector 230078e 12 7061 7405 7770 8153 8552 Chief Engineering Technician 210009e 12 7939 8328 8738 9170 9621 Chief of Facilities Maintenance 810037e 12 6921 7262 7618 7992 8386 Chief of Wastewater Environmental Services 620075e 12 6623 6949 7290 7647 8022 Chief of Wastewater Facilities Maintenance 620085e 12 6921 7262 7618 7992 8386 Chief of Wastewater Treatment Operations 620080e 12 6997 7346 7707 8085 8482 Chief of Water Operations 610070e 12 7113 7460 7830 8215 8617 Chief Policef Pilot 410031e 12 7818 8201 8608 9032 9480 Chief Surveyor 210032e 12 9573 10047 10542 11064 11617 Community Services and Recreation Supervisor* 520016e 12 6273 6580 6904 7246 7595 Contract Compliance Officer 150061e 12 6262 6567 6886 7227 7575 Custodial Supervisor 810025e 12 6262 6567 6886 7227 7575 Database Administrator 125045e 12 7149 7495 7864 8248 8651 DBE/Small Business Program Coordinator** 150070e 12 6271 6575 6897 7235 7593 SEE APPENDIX FOR FOOTNOTES Page 13-1.2 e Exempt class, see Section 4. 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. In those cases, in which an employee is hired at the journey level, twelve months of satisfactory service is required. *Effective 3/27/2023, by the Ninth Amendment to the Salary Resolution 2022-152. **Effective 3/27/2023, by the Eleventh Amendment to the Salary Resolution 2022-152. EXHIBIT 13-1 Unit 13 – Exempt Supervisory and Professional (CFPEA) CLASS TITLE JOB CODE PROB PER A B C D E Emergency Services Dispatch Supervisor* 410004e 12 6590 6911 7246 7602 7973 Energy Efficiency Supervisor 230058e 12 5551 5824 6108 6410 6724 Equipment Supervisor 720031e 12 6809 7140 7491 7859 8247 Fire Prevention Engineer 210055e 12 7025 7370 7732 8111 8512 Fleet Administration Supervisor 720025e 12 6262 6567 6886 7227 7575 Forestry Supervisor I 510030e 12 5168 5423 5686 5965 6254 Forestry Supervisor II 510031e 12 5293 5551 5825 6114 6410 Grant Writer** 150105e 12 5043 5291 5547 5820 6102 Historic Preservation Specialist 230066e 12 6565 6889 7230 7582 7953 Housing Program Supervisor 230055e 12 6767 7105 7460 7833 8226 Human Resources Analyst** 150016e 12 5793 6076 6370 6683 7012 Human Resources Records Supervisor** 115050e 12 5734 6015 6312 6615 6943 Information Services Supervisor 125032e 12 7861 8248 8651 9077 9527 Landscape Maintenance Superintendent 510027e 12 7799 8184 8583 9005 9448 Lead Risk Analyst** 150008e 12 6271 6582 6912 7257 7621 Management Analyst I 150020e4 124 4178 4381 4594 4818 5055 Management Analyst II** 150021e4 124 5161 5415 5677 5956 6244 Parking Supervisor** 720035e 12 5616 5884 6168 6468 7072 Parks Supervisor I 510025e 12 5168 5423 5686 5965 6254 Parks Supervisor II 510026e 12 6273 6580 6904 7246 7595 Planner III** 220007e 12 6083 6380 6691 7021 7368 Police Support Services Supervisor 115047e 12 5527 5798 6085 6377 6693 Principal Accountant** 130014e 12 6895 7233 7589 7961 8352 Procurement Supervisor** 140004e 12 6247 6559 6886 7231 7593 SEE APPENDIX FOR FOOTNOTES Page 13-1.3 e Exempt class, see Section 4. **Effective 3/27/2023, by the Eleventh Amendment to the Salary Resolution 2022-152. EXHIBIT 13-1 Unit 13 – Exempt Supervisory and Professional (CFPEA) CLASS TITLE JOB CODE PROB PER A B C D E Professional Engineer 210100e 12 8738 9170 9621 10102 10606 Project Manager** 150065e 12 7990 8389 8809 9249 9712 Records Supervisor 115045e 12 5527 5798 6085 6377 6693 Recycling Coordinator 640001e 12 5226 5479 5747 6026 6323 Revenue Supervisor 135025e 12 5538 5808 6089 6382 6693 Risk Analyst** 150010e 12 5793 6076 6370 6683 7012 Sanitation Supervisor 640029e 12 6262 6567 6886 7227 7575 Senior Accountant-Auditor** 130013e 12 6304 6612 6937 7276 7630 Senior Building Inspector** 230034e 12 6923 7265 7621 7995 8393 Senior Database Administrator 125046e 12 7888 8264 8661 9076 9527 Senior Electrical Safety Consultant** 230024e 12 6922 7265 7620 7995 8392 Senior Engineering Inspector** 230077e 12 6417 6734 7064 7411 7778 Senior Environmental & Safety** Consultant** 230005e 12 6935 7278 7634 8009 8407 Senior Plumbing & Mechanical Consultant** 230014e 12 6923 7265 7621 7995 8393 Senior Programmer Analyst 125019e 12 6935 7278 7634 8009 8407 Senior Real Estate Agent 170012e 12 6923 7265 7621 7995 8393 Senior Retirement Counselor 135052e 12 6887 7234 7594 7972 8372 Street Maintenance Superintendent 720004e 12 7799 8184 8583 9005 9448 Street Maintenance Supervisor 720001e 12 6881 7218 7574 7944 8334 Supervising Airports Building Maintenance Technician 310014e 12 6262 6567 6886 7227 7575 Supervising Airports Operations Officer 310013e 12 6262 6567 6886 7227 7575 Supervising Commercial Building Inspector** 230036e 12 6923 7265 7621 7995 8393 Supervising Engineering Technician 210008e 12 6878 7220 7573 7946 8335 Supervising Fire Prevention Inspector** 420005e 12 6634 6960 7303 7663 8039 Supervising Paralegal** 160020e 12 6582 6905 7242 7600 7972 Supervising Planner** 220008e 12 6909 7247 7600 7973 8362 SEE APPENDIX FOR FOOTNOTES Page 13-1.4 e Exempt class, see Section 4. **Effective 3/27/2023, by the Eleventh Amendment to the Salary Resolution 2022-152. EXHIBIT 13-1 Unit 13 – Exempt Supervisory and Professional (CFPEA) CLASS TITLE JOB CODE PROB PER A B C D E Supervising Plans Examiner** 210044e 12 8028 8425 8841 9272 9728 Supervising Professional Engineer 210110e 12 9573 10047 10542 11064 11617 Supervising Real Estate Agent** 170013e 12 6882 7219 7575 7945 8335 Supervising Traffic Signal Operations Specialist 720050e 12 7140 7490 7862 8249 8651 Survey Party Chief** 210031e 12 7052 7393 7755 8132 8536 Systems Security Administrator 125050e 12 7150 7495 7866 8246 8651 Transit Supervisor I 320050e 12 6050 6344 6651 6979 7319 Transit Supervisor II 320051e 12 6810 7139 7491 7860 8247 Treasury Officer** 135015e 12 6895 7233 7589 7961 8352 Wastewater Environmental Supervisor 620073e 12 7330 7686 8066 8464 8879 Wastewater Operations Supervisor 620072e 12 7330 7686 8066 8464 8879 Wastewater System Supervisor 620071e 12 7330 7686 8066 8464 8879 Water Conservation Supervisor 610045e 12 6477 6795 7127 7479 7845 Water System Supervisor 610055e 12 7330 7686 8066 8464 8879 SEE APPENDIX FOR FOOTNOTES Page 13-1.5 e Exempt class, see Section 4. **Effective 3/27/2023, by the Eleventh Amendment to the Salary Resolution 2022-152. ***Effective 4/24/2023, by the Thirteenth Amendment to the Salary Resolution 2022-152. EXHIBIT 13-1 Unit 13 – Exempt Supervisory and Professional (CFPEA), effective June 19, 2023 CLASS TITLE JOB CODE PROB PER A B C D E Acoustical Program Coordinator 310100e 12 6444 6761 7089 7440 7803 Airports Airside/Landside Superintendent 310018e 12 7088 7435 7802 8183 8585 Airports Credentialing Supervisor*** 115081e 12 5693 5972 6268 6569 6894 Airports Projects Supervisor 310016e 12 7449 7814 8198 8601 9026 Airports Property Supervisor 175005e 12 6450 6765 7093 7444 7803 Architect 210045e 12 9001 9446 9910 10406 10925 Assistant Law Office Manager 115019e 12 7365 7720 8102 8494 8911 Business Process & Systems Analyst 125044e 12 7364 7720 8100 8496 8911 Call Center Supervisor** 115073e 12 5941 6230 6531 6845 7179 Capital Development Specialist 310007e 12 7085 7437 7801 8185 8586 Central Print Supervisor 120007e 12 5324 5586 5857 6144 6442 Chief Engineering Inspector 230078e 12 7273 7628 8004 8398 8809 Chief Engineering Technician 210009e 12 8178 8578 9001 9446 9910 Chief of Facilities Maintenance 810037e 12 7129 7480 7847 8232 8638 Chief of Wastewater Environmental Services 620075e 12 6822 7158 7509 7877 8263 Chief of Wastewater Facilities Maintenance 620085e 12 7129 7480 7847 8232 8638 Chief of Wastewater Treatment Operations 620080e 12 7207 7567 7939 8328 8737 Chief of Water Operations 610070e 12 7327 7684 8065 8462 8876 Chief Police Pilot 410031e 12 8053 8448 8867 9303 9765 Chief Surveyor 210032e 12 9861 10349 10859 11396 11966 Community Services and Recreation Supervisor* 520016e 12 6462 6778 7112 7464 7823 Contract Compliance Officer 150061e 12 6450 6765 7093 7444 7803 Custodial Supervisor 810025e 12 6450 6765 7093 7444 7803 Database Administrator 125045e 12 7364 7720 8100 8496 8911 DBE/Small Business Program Coordinator** 150070e 12 6460 6773 7104 7453 7821 SEE APPENDIX FOR FOOTNOTES Page 13-1.6 e Exempt class, see Section 4. 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. In those cases, in which an employee is hired at the journey level, twelve months of satisfactory service is required. * Effective 3/27/2023, by the Ninth Amendment to the Salary Resolution 2022-152. **Effective 3/27/2023, by the Eleventh Amendment to the Salary Resolution 2022-152. EXHIBIT 13-1 Unit 13 – Exempt Supervisory and Professional (CFPEA), June 19, 2023 CLASS TITLE JOB CODE PROB PER A B C D E Emergency Services Dispatch Supervisor* 410004e 12 6788 7119 7464 7831 8213 Energy Efficiency Supervisor 230058e 12 5718 5999 6292 6603 6926 Equipment Supervisor 720031e 12 7014 7355 7716 8095 8495 Fire Prevention Engineer 210055e 12 7236 7592 7964 8355 8768 Fleet Administration Supervisor 720025e 12 6450 6765 7093 7444 7803 Forestry Supervisor I 510030e 12 5324 5586 5857 6144 6442 Forestry Supervisor II 510031e 12 5452 5718 6000 6298 6603 Grant Writer** 150105e 12 5195 5450 5714 5995 6286 Historic Preservation Specialist 230066e 12 6762 7096 7447 7810 8192 Housing Program Supervisor 230055e 12 6971 7319 7684 8068 8473 Human Resources Analyst** 150016e 12 5967 6259 6562 6884 7223 Human Resources Records Supervisor** 115050e 12 5907 6196 6502 6814 7152 Information Services Supervisor 125032e 12 8097 8496 8911 9350 9813 Landscape Maintenance Superintendent 510027e 12 8033 8430 8841 9276 9732 Lead Risk Analyst** 150008e 12 6460 6780 7120 7475 7850 Management Analyst I 150020e4 124 4304 4513 4732 4963 5207 Management Analyst II** 150021e4 124 5316 5578 5848 6135 6432 Parking Supervisor** 720035e 12 5785 6061 6354 6663 7285 Parks Supervisor I 510025e 12 5324 5586 5857 6144 6442 Parks Supervisor II 510026e 12 6462 6778 7112 7464 7823 Planner III** 220007e 12 6266 6572 6892 7232 7590 Police Support Services Supervisor 115047e 12 5693 5972 6268 6569 6894 Principal Accountant** 130014e 12 7102 7450 7817 8200 8603 Procurement Supervisor** 140004e 12 6435 6756 7093 7448 7821 SEE APPENDIX FOR FOOTNOTES Page 13-1.7 e Exempt class, see Section 4. **Effective 3/27/2023, by the Eleventh Amendment to the Salary Resolution 2022-152. EXHIBIT 13-1 Unit 13 – Exempt Supervisory and Professional (CFPEA), effective June 19, 2023 CLASS TITLE JOB CODE PROB PER A B C D E Professional Engineer 210100e 12 9001 9446 9910 10406 10925 Project Manager** 150065e 12 8230 8641 9074 9527 10004 Records Supervisor 115045e 12 5693 5972 6268 6569 6894 Recycling Coordinator 640001e 12 5383 5644 5920 6207 6513 Revenue Supervisor 135025e 12 5705 5983 6272 6574 6894 Risk Analyst** 150010e 12 5967 6259 6562 6884 7223 Sanitation Supervisor 640029e 12 6450 6765 7093 7444 7803 Senior Accountant-Auditor** 130013e 12 6494 6811 7146 7495 7859 Senior Building Inspector** 230034e 12 7131 7483 7850 8235 8645 Senior Database Administrator 125046e 12 8125 8512 8921 9349 9813 Senior Electrical Safety Consultant** 230024e 12 7130 7483 7849 8235 8644 Senior Engineering Inspector** 230077e 12 6610 6937 7276 7634 8012 Senior Environmental & Safety Consultant** 230005e 12 7144 7497 7864 8250 8660 Senior Plumbing & Mechanical Consultant** 230014e 12 7131 7483 7850 8235 8645 Senior Programmer Analyst 125019e 12 8097 8496 8911 9350 9813 Senior Real Estate Agent 170012e 12 6450 6765 7093 7444 7803 Senior Retirement Counselor 135052e 12 7094 7452 7822 8212 8624 Street Maintenance Superintendent 720004e 12 8033 8430 8841 9276 9732 Street Maintenance Supervisor 720001e 12 7088 7435 7802 8183 8585 Supervising Airports Building Maintenance Technician 310014e 12 6450 6765 7093 7444 7803 Supervising Airports Operations Officer 310013e 12 6450 6765 7093 7444 7803 Supervising Commercial Building Inspector** 230036e 12 7131 7483 7850 8235 8645 Supervising Engineering Technician 210008e 12 7085 7437 7801 8185 8586 Supervising Fire Prevention Inspector** 420005e 12 6834 7169 7523 7893 8281 Supervising Paralegal** 160020e 12 6780 7113 7460 7828 8212 Supervising Planner** 220008e 12 7117 7465 7828 8213 8613 SEE APPENDIX FOR FOOTNOTES Page 13-1.8 e Exempt class, see Section 4. **Effective 3/27/2023, by the Eleventh Amendment to the Salary Resolution 2022-152. EXHIBIT 13-1 Unit 13 – Exempt Supervisory and Professional (CFPEA), June 19, 2023 CLASS TITLE JOB CODE PROB PER A B C D E Supervising Plans Examiner** 210044e 12 8269 8678 9107 9551 10020 Supervising Professional Engineer 210110e 12 9861 10349 10859 11396 11966 Supervising Real Estate Agent** 170013e 12 7089 7436 7803 8184 8586 Supervising Traffic Signal Operations Specialist 720050e 12 7355 7715 8098 8497 8911 Survey Party Chief** 210031e 12 7264 7615 7988 8376 8793 Systems Security Administrator 125050e 12 7365 7720 8102 8494 8911 Transit Supervisor I 320050e 12 6232 6535 6851 7189 7539 Transit Supervisor II 320051e 12 7015 7354 7716 8096 8495 Treasury Officer** 135015e 12 7102 7450 7817 8200 8603 Wastewater Environmental Supervisor 620073e 12 7550 7917 8308 8718 9146 Wastewater Operations Supervisor 620072e 12 7550 7917 8308 8718 9146 Wastewater System Supervisor 620071e 12 7550 7917 8308 8718 9146 Water Conservation Supervisor 610045e 12 6672 6999 7341 7704 8081 Water System Supervisor 610055e 12 7550 7917 8308 8718 9146 SEE APPENDIX FOR FOOTNOTES Page 13-2.1 EXHIBIT 13-2 Unit 13 – Non-Exempt Professional (CFPEA) CLASS TITLE JOB CODE PROB PER A B C D E Legal Secretary I 115015 12 3735 3916 4104 4301 4510 Legal Secretary II 115016 12 4133 4334 4542 4761 4992 Paralegal 160001 12 5273 5530 5798 6082 6381 Senior Human Resources Technician** 150014 12 4929 5164 5410 5675 5948 Senior Legal Secretary 115017 12 4756 4994 5243 5505 5780 Senior Paralegal 160002 12 5789 6077 6382 6701 7036 Supervising Crime Scene Technician 410013 12 5534 5804 6086 6383 6693 **Effective 3/27/2023, by the Eleventh Amendment to the Salary Resolution 2022-152. EXHIBIT 13-2 Unit 13 – Non-Exempt Professional (CFPEA), effective June 19, 2023 CLASS TITLE JOB CODE PROB PER A B C D E Legal Secretary I 115015 12 3848 4034 4228 4431 4646 Legal Secretary II 115016 12 4257 4465 4679 4904 5142 Paralegal 160001 12 5432 5696 5972 6265 6573 Senior Human Resources Technician** 150014 12 5077 5319 5573 5846 6127 Senior Legal Secretary 115017 12 4899 5144 5401 5671 5954 Senior Paralegal 160002 12 5963 6260 6574 6903 7248 Supervising Crime Scene Technician 410013 12 5701 5979 6269 6575 6894 **Effective 3/27/2023, by the Eleventh Amendment to the Salary Resolution 2022-152. SEE APPENDIX FOR FOOTNOTES Page 14.1 e Exempt class, See Section 4 7/21/2022 First Amendment Supersedes Original EXHIBIT 14 Unit 14 – Management Classes (CFMEA), retroactively effective January 3, 2022 CLASS TITLE JOB CODE PROB PER A B C D E F G H I ADA Coordinator 150231e - 6782 6952 7125 7302 7484 7672 7865 8060 8262 Administrative Manager 220025e - 8937 9160 9390 9624 9865 10111 10364 10624 10890 Airports Marketing & Public Relations Coordinator 310150e - 6782 6952 7125 7302 7484 7672 7865 8060 8262 Airports Operations Manager 310020e - 8126 8330 8538 8751 8970 9193 9423 9659 9900 Airports Planning Manager 310019e - 8937 9160 9390 9624 9865 10111 10364 10624 10890 Airports Properties Manager 310021e - 8126 8330 8538 8751 8970 9193 9423 9659 9900 Airports Safety Management Systems Manager 310161e - 8126 8330 8538 8751 8970 9193 9423 9659 9900 Assistant City Clerk 115030e - 8126 8330 8538 8751 8970 9193 9423 9659 9900 Building Services Manager 230031e - 10599 10865 11136 11415 11701 11993 12294 12599 12914 Business Manager 150019e - 8126 8330 8538 8751 8970 9193 9423 9659 9900 Communications Manager 125060e - 8937 9160 9390 9624 9865 10111 10364 10624 10890 Construction Manager 210096e - 8126 8330 8538 8751 8970 9193 9423 9659 9900 Crime Scene Investigation Bureau Manager 410015e - 8126 8330 8538 8751 8970 9193 9423 9659 9900 Cybersecurity Manager 125092e - 8937 9160 9390 9624 9865 10111 10364 10624 10890 Deputy City Engineer 210081e - 10599 10865 11136 11415 11701 11993 12294 12599 12914 Division Manager 150024e - 8126 8330 8538 8751 8970 9193 9423 9659 9900 Economic Development Analyst 150095e - 6782 6952 7125 7302 7484 7672 7865 8060 8262 Facilities Manager 810040e - 8126 8330 8538 8751 8970 9193 9423 9659 9900 SEE APPENDIX FOR FOOTNOTES Page 14.2 e Exempt class, see Section 4. 7/21/2022 First Amendment Supersedes Original EXHIBIT 14 Unit 14 – Management Classes (CFMEA), retroactively effective January 3, 2022 CLASS TITLE JOB CODE PROB PER A B C D E F G H I Fleet Manager 720032e - 8126 8330 8538 8751 8970 9193 9423 9659 9900 Graffiti Abatement Manager 720040e - 8126 8330 8538 8751 8970 9193 9423 9659 9900 Housing & Neighborhood Revitalization Manager 230065e - 8937 9160 9390 9624 9865 10111 10364 10624 10890 Information Services Manager 125055e - 8937 9160 9390 9624 9865 10111 10364 10624 10890 Law Office Manager 115020e - 8126 8330 8538 8751 8970 9193 9423 9659 9900 Parks Manager 510035e - 8126 8330 8538 8751 8970 9193 9423 9659 9900 Personnel Manager 150026e - 8126 8330 8538 8751 8970 9193 9423 9659 9900 Planning Manager 220010e - 8937 9160 9390 9624 9865 10111 10364 10624 10890 Program Manager 510040e - 6782 6952 7125 7302 7484 7672 7865 8060 8262 Projects Administrator 150063e - 8937 9160 9390 9624 9865 10111 10364 10624 10890 Public Works/Public Utilities Manager 210095e - 8937 9160 9390 9624 9865 10111 10364 10624 10890 Public Works/Public Utilities Manager – Licensed Engineer 210094e - 10342 10599 10865 11136 11414 11700 11992 12293 12598 Purchasing Manager 140005e - 8126 8330 8538 8751 8970 9193 9423 9659 9900 Records Manager 115046e - 8126 8330 8538 8751 8970 9193 9423 9659 9900 Recreation Manager 520025e - 8126 8330 8538 8751 8970 9193 9423 9659 9900 Retirement Accounting Manager 135044e - 9160 9390 9624 9865 10111 10364 10624 10890 11163 Revenue Manager 135026e - 8126 8330 8538 8751 8970 9193 9423 9659 9900 SEE APPENDIX FOR FOOTNOTES Page 14.3 e Exempt class, see Section 4. 7/21/2022 First Amendment Supersedes Original EXHIBIT 14 Unit 14 – Management Classes (CFMEA), retroactively effective January 3, 2022 CLASS TITLE JOB CODE PROB PER A B C D E F G H I Senior Management Analyst 150023e - 6782 6952 7125 7302 7484 7672 7865 8060 8262 Solid Waste Manager 640040e - 8126 8330 8538 8751 8970 9193 9423 9659 9900 Training Officer 150046e - 6782 6952 7125 7302 7484 7672 7865 8060 8262 Transit Operations Manager 320055e - 8126 8330 8538 8751 8970 9193 9423 9659 9900 Wastewater Manager 620095e - 8126 8330 8538 8751 8970 9193 9423 9659 9900 Water Manager 610075e - 8126 8330 8538 8751 8970 9193 9423 9659 9900 Water/Wastewater Manager-Certified 620096e - 9344 9576 9816 10062 10314 10571 10835 11106 11384 SEE APPENDIX FOR FOOTNOTES Page 14.4 e Exempt class, See Section 4 7/21/2022 First Amendment Supersedes Original *Effective 3/27/2023, by the Ninth Amendment to the Salary Resolution 2022-152. EXHIBIT 14 Unit 14 – Management Classes (CFMEA), retroactively effective June 20, 2022 CLASS TITLE JOB CODE PROB PER A B C D E F G H I ADA Coordinator 150231e - 6986 7161 7339 7522 7709 7903 8101 8302 8510 Administrative Manager 220025e - 9206 9435 9672 9913 10161 10415 10675 10943 11217 Airports Marketing & Public Relations Coordinator 310150e - 6986 7161 7339 7522 7709 7903 8101 8302 8510 Airports Operations Manager 310020e - 8370 8580 8795 9014 9240 9469 9706 9949 10197 Airports Planning Manager 310019e - 9206 9435 9672 9913 10161 10415 10675 10943 11217 Airports Properties Manager 310021e - 8370 8580 8795 9014 9240 9469 9706 9949 10197 Airports Safety Management Systems Manager 310161e - 8370 8580 8795 9014 9240 9469 9706 9949 10197 Assistant City Clerk 115030e - 8370 8580 8795 9014 9240 9469 9706 9949 10197 Building Services Manager 230031e - 10917 11191 11471 11758 12053 12353 12663 12977 13302 Business Manager 150019e - 8370 8580 8795 9014 9240 9469 9706 9949 10197 Communications Manager 125060e - 9206 9435 9672 9913 10161 10415 10675 10943 11217 Construction Manager 210096e - 8370 8580 8795 9014 9240 9469 9706 9949 10197 Crime Scene Investigation Bureau Manager 410015e - 8370 8580 8795 9014 9240 9469 9706 9949 10197 Cybersecurity Manager 125092e - 9206 9435 9672 9913 10161 10415 10675 10943 11217 Deputy City Engineer 210081e - 10917 11191 11471 11758 12053 12353 12663 12977 13302 Division Manager 150024e - 8370 8580 8795 9014 9240 9469 9706 9949 10197 Economic Development Analyst 150095e - 6986 7161 7339 7522 7709 7903 8101 8302 8510 Emergency Services Dispatch Manager* 410005e - 8370 8580 8795 9014 9240 9469 9706 9949 10197 Facilities Manager 810040e - 8370 8580 8795 9014 9240 9469 9706 9949 10197 SEE APPENDIX FOR FOOTNOTES Page 14.5 e Exempt class, See Section 4 7/21/2022 First Amendment Supersedes Original EXHIBIT 14 Unit 14 – Management Classes (CFMEA), retroactively effective June 20, 2022 CLASS TITLE JOB CODE PROB PER A B C D E F G H I Fleet Manager 720032e - 8370 8580 8795 9014 9240 9469 9706 9949 10197 Graffiti Abatement Manager 720040e - 8370 8580 8795 9014 9240 9469 9706 9949 10197 Housing & Neighborhood Revitalization Manager 230065e - 9206 9435 9672 9913 10161 10415 10675 10943 11217 Information Services Manager 125055e - 9206 9435 9672 9913 10161 10415 10675 10943 11217 Law Office Manager 115020e - 8370 8580 8795 9014 9240 9469 9706 9949 10197 Parks Manager 510035e - 8370 8580 8795 9014 9240 9469 9706 9949 10197 Personnel Manager 150026e - 8370 8580 8795 9014 9240 9469 9706 9949 10197 Planning Manager 220010e - 9206 9435 9672 9913 10161 10415 10675 10943 11217 Program Manager 510040e - 6986 7161 7339 7522 7709 7903 8101 8302 8510 Projects Administrator 150063e - 9206 9435 9672 9913 10161 10415 10675 10943 11217 Public Works/Public Utilities Manager 210095e - 9206 9435 9672 9913 10161 10415 10675 10943 11217 Public Works/Public Utilities Manager – Licensed Engineer 210094e - 10653 10917 11191 11471 11757 12051 12352 12662 12976 Purchasing Manager 140005e - 8370 8580 8795 9014 9240 9469 9706 9949 10197 Records Manager 115046e - 8370 8580 8795 9014 9240 9469 9706 9949 10197 Recreation Manager 520025e - 8370 8580 8795 9014 9240 9469 9706 9949 10197 Retirement Accounting Manager 135044e - 9435 9672 9913 10161 10415 10675 10943 11217 11498 Revenue Manager 135026e - 8370 8580 8795 9014 9240 9469 9706 9949 10197 SEE APPENDIX FOR FOOTNOTES Page 14.6 e Exempt class, See Section 4 7/21/2022 First Amendment Supersedes Original EXHIBIT 14 Unit 14 – Management Classes (CFMEA), retroactively effective June 20, 2022 CLASS TITLE JOB CODE PROB PER A B C D E F G H I Senior Management Analyst 150023e - 6986 7161 7339 7522 7709 7903 8101 8302 8510 Solid Waste Manager 640040e - 8370 8580 8795 9014 9240 9469 9706 9949 10197 Training Officer 150046e - 6986 7161 7339 7522 7709 7903 8101 8302 8510 Transit Operations Manager 320055e - 8370 8580 8795 9014 9240 9469 9706 9949 10197 Wastewater Manager 620095e - 8370 8580 8795 9014 9240 9469 9706 9949 10197 Water Manager 610075e - 8370 8580 8795 9014 9240 9469 9706 9949 10197 Water/Wastewater Manager-Certified 620096e - 9625 9864 10111 10364 10624 10889 11161 11440 11726 SEE APPENDIX FOR FOOTNOTES Page 14.7 e Exempt class, See Section 4 7/21/2022 First Amendment Supersedes Original *Effective 3/27/2023, by the Ninth Amendment to the Salary Resolution 2022-152. EXHIBIT 14 Unit 14 – Management Classes (CFMEA), effective June 19, 2023 CLASS TITLE JOB CODE PROB PER A B C D E F G H I ADA Coordinator 150231e - 7196 7376 7560 7748 7941 8141 8345 8552 8766 Administrative Manager 220025e - 9483 9719 9963 10211 10466 10728 10996 11272 11554 Airports Marketing & Public Relations Coordinator 310150e - 7196 7376 7560 7748 7941 8141 8345 8552 8766 Airports Operations Manager 310020e - 8622 8838 9059 9285 9518 9754 9998 10248 10503 Airports Planning Manager 310019e - 9483 9719 9963 10211 10466 10728 10996 11272 11554 Airports Properties Manager 310021e - 8622 8838 9059 9285 9518 9754 9998 10248 10503 Airports Safety Management Systems Manager 310161e - 8622 8838 9059 9285 9518 9754 9998 10248 10503 Assistant City Clerk 115030e - 8622 8838 9059 9285 9518 9754 9998 10248 10503 Building Services Manager 230031e - 11245 11527 11816 12111 12415 12724 13043 13367 13702 Business Manager 150019e - 8622 8838 9059 9285 9518 9754 9998 10248 10503 Communications Manager 125060e - 9483 9719 9963 10211 10466 10728 10996 11272 11554 Construction Manager 210096e - 8622 8838 9059 9285 9518 9754 9998 10248 10503 Crime Scene Investigation Bureau Manager 410015e - 8622 8838 9059 9285 9518 9754 9998 10248 10503 Cybersecurity Manager 125092e - 9483 9719 9963 10211 10466 10728 10996 11272 11554 Deputy City Engineer 210081e - 11245 11527 11816 12111 12415 12724 13043 13367 13702 Division Manager 150024e - 8622 8838 9059 9285 9518 9754 9998 10248 10503 Economic Development Analyst 150095e - 7196 7376 7560 7748 7941 8141 8345 8552 8766 Emergency Services Dispatch Manager* 410005e - 8622 8838 9059 9285 9518 9754 9998 10248 10503 Facilities Manager 810040e - 8622 8838 9059 9285 9518 9754 9998 10248 10503 SEE APPENDIX FOR FOOTNOTES Page 14.8 EXHIBIT 14 Unit 14 – Management Classes (CFMEA), effective June 19, 2023 CLASS TITLE JOB CODE PROB PER A B C D E F G H I Fleet Manager 720032e - 8622 8838 9059 9285 9518 9754 9998 10248 10503 Graffiti Abatement Manager 720040e - 8622 8838 9059 9285 9518 9754 9998 10248 10503 Housing & Neighborhood Revitalization Manager 230065e - 9483 9719 9963 10211 10466 10728 10996 11272 11554 Information Services Manager 125055e - 9483 9719 9963 10211 10466 10728 10996 11272 11554 Law Office Manager 115020e - 8622 8838 9059 9285 9518 9754 9998 10248 10503 Recreation Manager PARCS Operations Manager 520025e - 8622 8838 9059 9285 9518 9754 9998 10248 10503 Parks Manager 510035e - 8622 8838 9059 9285 9518 9754 9998 10248 10503 Personnel Manager 150026e - 8622 8838 9059 9285 9518 9754 9998 10248 10503 Planning Manager 220010e - 9483 9719 9963 10211 10466 10728 10996 11272 11554 Program Manager 510040e - 7196 7376 7560 7748 7941 8141 8345 8552 8766 Projects Administrator 150063e - 9483 9719 9963 10211 10466 10728 10996 11272 11554 Public Works/Public Utilities Manager 210095e - 9483 9719 9963 10211 10466 10728 10996 11272 11554 Public Works/Public Utilities Manager – Licensed Engineer 210094e - 10973 11245 11527 11816 12110 12413 12723 13042 13366 Purchasing Manager 140005e - 8622 8838 9059 9285 9518 9754 9998 10248 10503 Records Manager 115046e - 8622 8838 9059 9285 9518 9754 9998 10248 10503 Recreation Manager 520025e - 8622 8838 9059 9285 9518 9754 9998 10248 10503 Retirement Accounting Manager 135044e - 9719 9963 10211 10466 10728 10996 11272 11554 11843 SEE APPENDIX FOR FOOTNOTES Page 14.8 e Exempt class, See Section 4 7/21/2022 First Amendment Supersedes Original Revenue Manager 135026e - 8622 8838 9059 9285 9518 9754 9998 10248 10503 SEE APPENDIX FOR FOOTNOTES Page 14.9 EXHIBIT 14 Unit 14 – Management Classes (CFMEA), effective June 19, 2023 CLASS TITLE JOB CODE PROB PER A B C D E F G H I Senior Management Analyst 150023e - 7196 7376 7560 7748 7941 8141 8345 8552 8766 Solid Waste Manager 640040e - 8622 8838 9059 9285 9518 9754 9998 10248 10503 Training Officer 150046e - 7196 7376 7560 7748 7941 8141 8345 8552 8766 Transit Operations Manager 320055e - 8622 8838 9059 9285 9518 9754 9998 10248 10503 Wastewater Manager 620095e - 8622 8838 9059 9285 9518 9754 9998 10248 10503 Water Manager 610075e - 8622 8838 9059 9285 9518 9754 9998 10248 10503 Water/Wastewater Manager-Certified 620096e - 9914 10160 10415 10675 10943 11216 11496 11784 12078 Page 16.1 EXHIBIT 16 Benchmarked Deleted Job Classifications or Deleted Pay Step, since 1/28/2016 Classification Title Deleted Benchmarked To Percent Effective Assistant Chief of Wastewater Treatment Operations (620079) 7/1/18 Wastewater Operations Supervisor (620072) 100% 7/1/18 Bus Driver – F Step (320015) 1/1/17 Bus Driver – E Step (320015) 100% 1/1/17 Buyer I (140001) 1/28/16 Procurement Specialist (140002) 90% 1/28/16 Chief of Solid Waste Operations (640035) 7/1/18 Landscape Maintenance Superintendent (510027) 100% 7/1/18 City Traffic Engineer (210076) 7/1/18 Construction Manager (210096) 100% 7/1/18 Collection System Maintenance Operator I (630003) 5/29/17 Collection System Maintenance Technician (630001) 90% 5/29/17 Collection System Maintenance Supervisor (630005) 7/1/18 Wastewater Operations Supervisor (620072) 100% 7/1/18 Community Revitalization Specialist – F Step (230053) 10/3/16 Community Revitalization Specialist – E Step (230053) 100% 10/3/16 Community Sanitation Supervisor I (720042) 7/1/18 Sanitation Supervisor (640029) 100% 7/1/18 Community Recreation Supervisor I (520015) 7/1/20 Community Services and Recreation Supervisor (520016) 96% 7/1/20 Executive Assistant to the Retirement Administrator (115006e) 7/1/21 Executive Assistant to the City Attorney (115004e) 100% 7/1/21 Ground Water Production Specialist (610037) 7/1/20 Water Distribution/Production Specialist (610029) 100% 7/1/20 Ground Water Production Technician (610036) 7/1/20 Water Distribution/Production Technician (610028) 100% 7/1/20 Senior Ground Water Production Operator (610038) 7/1/20 Senior Water Distribution/Production Operator (610030) 100% 7/1/20 Emergency Preparedness Officer (420020) 7/1/18 Management Analyst II (150021) 100% 7/1/18 Page 16.2 EXHIBIT 16 Benchmarked Deleted Job Classifications or Deleted Pay Step, since 1/28/16 Classification Title Deleted Benchmarked To Percent Effective Industrial Electrician Supervisor (720020) 7/1/18 Wastewater System Supervisor (620071) 100% 7/1/18 Labor Relations Secretary (115010) 7/1/18 Executive Assistant to Department Director (115003) 100% 7/1/18 Laboratory Supervisor (620014) 7/1/18 Wastewater Environmental Supervisor (620073) 100% 7/1/18 Management Analyst III (150022) 7/1/18 Business Manager (150019) 100% 7/1/18 Police Officer – A Step (415002) 1/31/22 Police Officer – C Step (415002) 90.72% 1/31/22 Police Officer – B Step (415002) 1/31/22 Police Officer – C Step (415002) 95.23% 1/31/22 Police Specialist (415003) 7/1/19 Police Officer (415002) 100% 7/1/19 Plans Examiner I (210040) 10/3/16 Plans Examiner (210041) 84.61% 10/3/16 Power Generation System Supervisor (620056) 7/1/18 Wastewater System Supervisor (620071) 100% 7/1/18 Risk/Safety Manager (150035) 7/1/18 Human Resources Manager (150025) 100% 7/1/18 Redevelopment Administrator (150080) 7/1/18 Assistant Director of Personnel Services (150043) 100% 7/1/18 Sewer Maintenance Manager (630010) 7/1/18 Wastewater Manager (620095) 100% 7/1/18 Solid Waste System Supervisor (640030) 7/1/18 Sanitation Supervisor (640029) 100% 7/1/18 Supervising Environmental Control Officer (620005) 7/1/18 Wastewater Environmental Supervisor (620073) 100% 7/1/18 Special Guard (940010) 4/1/02 Police Cadet II (940006) 100% 12/10/20 Transit Maintenance Manager (320060) 7/1/18 Transit Operations Manager (320055) 100% 7/1/18 Page 16.3 EXHIBIT 16 Benchmarked Deleted Job Classifications or Deleted Pay Step, since 1/28/16 Classification Title Deleted Benchmarked To Percent Effective Waste Collector II (640020) 9/5/16 Sanitation Operator (640021) 84.19% 9/5/16 Waste Container Maintenance Worker (640011) 9/5/16 Waste Container Maintenance Worker (640010) 117.65% 9/5/16 Wastewater Lead Distributor (620051) 9/5/16 Wastewater Distributor Technician (620050) 118.92% 9/5/16 Wastewater Treatment Maintenance Supervisor (620070) 7/1/18 Wastewater System Supervisor (620071) 100% 7/1/18 Water System Operator I (610025) 7/1/18 Water Distribution/Production Technician (610028) 100% 7/1/18 Water System Operator II (610026) 7/1/18 Water Distribution/Production Specialist (610029) 100% 7/1/18 Water System Operator III (610027) 7/1/18 Senior Water Treatment Plant Operator (610039) 90.79% 7/1/18 APPENDIX TO SALARY RESOLUTION 1 This is a training class in which incumbents do not achieve permanent status within the classified service, as defined in FMC Section 3-202 (p)(5). 2 This is an entry level class in which incumbents do not achieve permanent status within the classified service, as defined in FMC Section 3-202 (p)(5). 3 This class is in a flexibly-staffed series which allows an employee to “flex” to the journey level after six months of satisfactory service for a total probationary period of twelve months. In those cases, in which an employee is hired at the journey level, twelve months of satisfactory service is required. 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. In those cases, in which an employee is hired at the journey level, twelve months of satisfactory service is required. 5 This class is in a flexibly-staffed series. The probationary period for employees in these classes shall be up to 18 months, at the discretion of management. An employee in this series must serve a minimum one year probationary period. 6 A person promoting from Police Officer Recruit to Police Officer after one year of service must serve a probationary period of six months in the Police Officer class. A person who is hired as a Police Officer – Lateral (from another agency) must serve a probationary period of one year in the Police Officer class. 7 This class is in a flexibly-staffed series, which allows an employee to “flex” to the journey level after a required training period. 8 Not applicable to current City employees. 9 The classifications of Police Cadet I and II have a 48-month tenure limitation in the Police Cadet program pursuant to FMC 3-266(d). 10 Persons in this classification are limited to no more than two (2) consecutive years in this class. 11 E9 Executive Pay Range. 12 To be calculated as if working 40 hours per week. 13 Hired before July 1, 2010. 14 Hired on or after July 1, 2010. e Exempt class, see Section 4. † This is one position assigned to the Labor Relations Division in the Personnel Services Department, working on confidential issues related to negotiations with bargaining units. * * * * * * * * * * * * * * 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 City Clerk BY: Deputy APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE BY: Jenni DeRuosi, Supervising Deputy City Attorney Date Adopted: Date Approved: Effective Date: 7/1/2023 City Attorney Approval: Fiscal Year 2024 Salary Resolution Resolution No. Fiscal Year 2024 (July 1, 2023 – June 30, 2024) Salary Resolution Personnel Services Department TABLE OF CONTENTS SECTION 1. SPECIAL PROVISIONS APPLICABLE TO ALL CLASSES ....................................... 1 SECTION 2. SALARY STEP PLAN AND EXECUTIVE PAY RANGE PLAN................................... 1 SECTION 3. RATES OF PAY ......................................................................................................... 6 SECTION 4. EXEMPT JOB CLASSES ........................................................................................... 6 SECTION 5. WAGES, OVERTIME AND SICK LEAVE FOR TEMPORARY EMPLOYEES ............ 6 SECTION 6. FLEXIBLE STAFFING ................................................................................................ 7 SECTION 7. ALTERNATE WORK SCHEDULE FOR EMPLOYEES IN EXHIBIT 2 ........................ 7 SECTION 8. MANAGEMENT LEAVE (formerly “Administrative Leave”)/SUPPLEMENTAL MANAGEMENT LEAVE ............................................................................................. 8 SECTION 9. ANNUAL LEAVE FOR EMPLOYEES IN EXHIBIT 2 ................................................ 10 SECTION 10. HOLIDAYS FOR EMPLOYEES IN EXHIBIT 2 ......................................................... 12 SECTION 11. SUPPLEMENTAL SICK LEAVE FOR EMPLOYEES ............................................... 12 SECTION 12. MANAGEMENT TIME OFF FOR EMPLOYEES IN EXHIBIT 2 ................................ 13 SECTION 13. SALARY RATES ...................................................................................................... 13 SECTION 14. PROFESSIONAL CERTIFICATE AND LICENSE PAY ............................................ 14 SECTION 15. BILINGUAL CERTIFICATION PROGRAM FOR EMPLOYEES OCCUPYING PERMANENT CLASSES ......................................................................................... 15 SECTION 16. BENEFITS FOR FULL-TIME EMPLOYEES OCCUPYING PERMANENT POSITIONS IN EXHIBIT 2 ....................................................................................... 15 SECTION 17. COMPENSATION FOR FULL-TIME EMPLOYEES OCCUPYING PERMANENT POSITIONS IN EXHIBIT 2 ....................................................................................... 18 SECTION 18. BENEFITS FOR POLICE CADETS, PERMANENT PART-TIME EMPLOYEES, AND LIMITED EMPLOYEES; AND BENEFITS AND TERMS AND CONDITIONS FOR PERMANENT AIRPORT PUBLIC SAFETY OFFICERS AND PERMANENT AIRPORT PUBLIC SAFETY SUPERVISORS .......................................................... 21 SECTION 19. CONVERSION OF LEAVES WHEN CHANGING BARGAINING UNITS ................. 34 SECTION 20. SPECIAL PROVISIONS FOR EMPLOYEES ON LEAVE FOR MILITARY SERVICE ................................................................................................................. 36 SECTION 21. BEREAVEMENT LEAVE .......................................................................................... 36 SECTION 22. LEAVE INTEGRATION WITH STATE DISABILITY INSURANCE (SDI) .... FOR NEW EMPLOYEES AND EMPLOYEES TRANSITIONING FROM ... A BARGAINING UNIT WITH SDI; LEAVE INTEGRATION WITH THE ..... CITY’S LONG TERM DISABILITY INSURANCE PLAN .................................................................................................. 37 SECTION 23. SALARIES FOR EMPLOYEES IN EXHIBIT 2, EXHIBIT 8, AND PERMANENT PART- TIME EMPLOYEES WHILE ABSENT DUE TO INJURY IN THE LINE OF DUTY .. 38 SECTION 24. BENCHMARKING DELETED CLASSIFICATIONS AND PAY STEPS .................... 38 SECTION 25. TEMPORARY EMPLOYMENT OF CITY RETIREE ................................................. 39 SECTION 26. RECRUITMENT AND RETENTION INCENTIVE ..................................................... 39 SECTION 27. UNUSUAL CIRCUMSTANCES ................................................................................ 42 SECTION 28. CONFLICTING RESOLUTIONS .............................................................................. 42 SECTION 29. RESOLUTION EFFECTIVE DATE ........................................................................... 42 Resolution No. FY 24 Salary Resolution Page 1 RESOLUTION NO. A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO ESTABLISHING RULES FOR THE APPLICATION OF CITY EMPLOYEE COMPENSATION RATES AND SCHEDULES AND RELATED REQUIREMENTS, AND ESTABLISHING COMPENSATION RATES AND SCHEDULES FOR FISCAL YEAR 2024 NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Fresno, as follows: SECTION 1. SPECIAL PROVISIONS APPLICABLE TO ALL CLASSES The rules set forth in this resolution constitute special provisions applicable to all classes of employment in the City service. If any provision(s) of a Memorandum of Understanding (hereafter “MOU”) or Terms and Conditions of employment (hereafter “T & C”) adopted and approved by the Council under Article 6, Chapter 3 of the Fresno Municipal Code (hereafter “FMC”) or employment agreement that is authorized and in compliance with Article V of the City of Fresno Transparency in Government Act and currently in effect, is clearly and specifically in conflict with any rule contained in this resolution, the provision in such MOU, T & C, or employment agreement shall prevail. SECTION 2. SALARY STEP PLAN AND EXECUTIVE PAY RANGE PLAN The step plan of each salary range shall be applied and interpreted as follows for permanent and probationary employees appointed to permanent positions: A. The first step shall be the minimum rate and shall normally be the hiring rate for the class. In a case where it is difficult to secure a qualified person or if a person of unusual qualifications is engaged, the City Manager, City Attorney, City Clerk, or Retirement Administrator, or their designees, as appropriate for their respective areas of authority, after receiving the recommendation of the Director of Personnel Services, may approve appointment above the first step. B. The second step shall be paid upon the completion of six (6) months of paid status at the first step. C. The third step shall be paid upon the completion of one (1) year of service at the second step. D. Each subsequent step shall be paid upon completion of one (1) year of service at the prior step. E. Progression to successive steps in the salary range shall be automatic with two exceptions. 1. Following and unsatisfactory performance evaluation, a step progression may be delayed by the appointing authority for not more than six (6) months and more Resolution No. FY 24 Salary Resolution Page 2 than six (6) months only with approval of the City Manager, City Attorney, City Clerk, or Retirement Administrator, or their designees, as appropriate for their respective areas of authority. 2. An off cycle or an accelerated step advancement may occur upon recommendation of the appointing authority and the Director of Personnel Services whenever an employee exhibits unusual merit as demonstrated in an employee performance evaluation. F. Six (6) months of service equals 1,040 hours of service, and one (1) year of service equals 2,080 hours of service, except where employees work a 56 hour-hour workweek, six (6) months of service equals 1,456 hours of service, and one (1) year of service equals 2,912 hours of service. G. Employees who are reinstated in accordance with FMC Section 3-292, who were not at the top step prior to layoff or demotion, will be credited with paid time previously worked at the step at time of layoff or demotion. The next step increase date will be adjusted accordingly upon reinstatement. Any time missed due to mandatory furloughs shall count as paid time. H. An employee who is selected to fill a reclassified position pursuant to FMC Section 3-209 (b), or who is promoted from one class to another having a higher salary range, shall be adjusted to the lowest step in the salary range of the new class, which is at least three and one-half percent (3.5%) higher than the rate received in the employee’s former class. If such an increase would require a payment greater than the highest step, then the highest step shall be paid. An employee in Exhibit 7 who is appointed to a position in a class having a salary range shall be promoted according to the foregoing provisions to the nearest step, but not exceeding the top step, in the new class range after adding five percent (5%) to the employee’s salary rate. I. When a class is assigned a new salary range, the salary of an employee in such class shall be adjusted to the same relative step in the new salary range, and such adjustment shall not alter the employee’s anniversary date for purposes of future step increases in the class. J. A permanent employee, assigned to a higher class on a limited, interim or provisional basis, and who is entitled to the rate of pay for such higher class, shall be paid in the same manner as provided for promotion in Section 2, subsection F above. K. If an employee is receiving compensation above the highest step of the range, the employee’s present rate shall be continued as an approved additional step rate for the class (“Y-rated”), until the highest step is greater than the Y rate, but no other employee may be adjusted to this rate, and it shall no longer be in effect after the incumbent vacates the classification. L. Except as noted in Section 2, subsection E above, step increases shall become effective immediately upon completion of required service. For purposes of this section, any Resolution No. FY 24 Salary Resolution Page 3 employee who is absent without pay, excluding statutorily protected leave such as, but not limited to leaves taken under the Family and Medical Leave Act (FMLA), the California Family Rights Act (CFRA), Pregnancy Disability Leave (PDL), and Military Leave, for the number of hours specified below while on any single step in a range shall not be considered to have been on paid status for the number of calendar weeks shown, and advancement to the next step shall be delayed by such number of calendar weeks: At least But less than Calendar Weeks delayed 1 hour 40 hours None 40 hours 120 hours 2 120 hours 200 hours 4 200 hours 280 hours 6 280 hours 360 hours 8 360 hours 440 hours 10 For purposes of this section, leave without pay, in reference to step advancement, shall be adjusted appropriately for 56-hour employees: At least But less than Calendar Weeks delayed 1 hour 56 hours None 56 hours 168 hours 2 168 hours 280 hours 4 280 hours 392 hours 6 The number of additional weeks by which advancement to the next step shall be delayed shall be calculated in the same manner as those respective formulas specified herein. Such delay shall cause a change in the employee’s anniversary date for purposes of future step increases in the class. M. Transfer to a different classification with the same salary range and in which no salary change occurs, shall result in a new anniversary date upon which advancement to the next step shall be calculated, or merit increase shall be considered. N. In lieu of a Salary Step Plan, an Executive Pay Range Plan with a maximum and minimum pay has been established for classes as set forth in Exhibit 2. 1. For employees who separated from City service prior to July 1, 2015: a. The salary for each employee in the executive pay ranges and the salary range for each class within such ranges shall be established by the City Manager or designee. Resolution No. FY 24 Salary Resolution Page 4 The City Manager or designee shall promulgate such rules and regulations deemed appropriate in the implementation and administration of this subsection. For purposes of calculating retirement benefits for any employee in a class in the Executive Pay Range Plan who has left City service after five (5) years of service, but prior to attaining an age sufficient for service retirement, and who has elected to leave contributions in the retirement system, retirement benefits shall be calculated as follows: The employee’s salary at the time of separation from employment with the City shall be compared to the control point in existence at the time of separation for the class from which the employee is retiring. Retirement benefits (based on monthly salary only) shall be calculated using the same relationship the employee’s salary bore to the control point at the time of separation as it would bear to the control point at the time of retirement. As an example only, if an employee’s salary at the time of separation was five percent (5%) below the control point for the class, then the benefit at retirement would be based on that amount, which would be five percent (5%) below the control point for that class at the time of retirement, subject to the applicable provisions of the retirement system regarding years of service, compensation earnable, and so on. 2. For employees in Exhibit 2, who separate from City service on or after July 1, 2015: a. The salary for each executive employee in the executive pay ranges and the salary range for each class within such ranges shall be established by the City Manager or designee. The City Manager or designee shall promulgate such rules and regulations deemed appropriate in the implementation and administration of Section 2, Subsection (P)(2)(b) below. b. For purposes of calculating Compensation Earnable as defined in FMC 3- 501, any employee in the City of Fresno Employees Retirement System (hereafter “System”) in a class in the Executive Pay Plan who separates from City service and elects to remain a member of the System shall have their Compensation Earnable calculated as follows: Beginning July 1 following the date the Deferred Vested Member separates from City service, the Member’s Compensation Earnable at the time of separation shall be indexed with the Consumer Price Index (hereafter “CPI”) – United States City Average for Urban Wage Earners and Clerical Workers -- all items (i.e., general price inflation) and the Employment Cost Index – State & Local Government Workers (i.e., across the board pay increases), as published by the Bureau of Labor Statistics of the United States Department of Labor. Determination of the percentage of annual increase or decrease in CPI and Employment Costs for wage inflation shall be made by the Retirement Board Resolution No. FY 24 Salary Resolution Page 5 on or before April 1 of each year for each of the two immediately preceding calendar years. The percentage by which such indexes for the more recent full calendar year shall have increased or decreased over or below indexes for the full calendar year immediately prior shall be the percentage used to calculate adjustments to Compensation Earnable with the following exceptions: banking shall not be applied nor shall the sum of accumulated CPI and Employment Costs adjustments plus Compensation Earnable fall outside the Executive Pay Range approved by the City Council each fiscal year. This process will continue each July 1 until the Deferred Vested Member elects to begin receiving the retirement benefit. This adjusted Compensation Earnable shall be used in the Member’s final compensation for the calculation of the retirement benefit. If a Deferred Vested Member held more than one position during their highest three consecutive years, the Compensation Earnable in each position shall be allocated on a time held, pro-rata basis and the combined adjusted Compensation Earnable, including adjustments due to CPI and Employment Costs for wage inflation, shall be used in the Member’s final compensation for the calculation of the retirement benefit. c. System members who enter the Deferred Retirement Option Program (hereafter “DROP”) or retire not having entered DROP on or after July 1, 2015, shall have any previously held Executive Pay Range salaries determined in accordance with Section 2, Subsection (P)(2)(b). d. System members who enter DROP or retire not having entered DROP on or after July 1, 2015, who vacated a Unit 14 class before January 6, 2020, and thereafter does not return to said class before entering DROP or retiring not having entered DROP, shall have any previously held Executive Pay Range salaries determined in accordance with Section 2, Subsection (P)(2)(b). O. Except where provided in this subsection, temporary assignment to perform the duties of absent employees shall be in accordance with FMC Section 3-260. After any employee holding a permanent position in Exhibit 2 has completed 40 hours of service in a higher class the employee shall thereafter be paid at the rate of pay of the higher class while so assigned. An employee who has held permanent status in the higher class prior to such assignment shall not be required to complete the qualifying period of service set forth above and shall be paid for the entire duration of the assignment to the higher class at the rate of pay of the lowest step in the salary range of the higher class, which must be at least three and one-half percent (3.5%) higher than the rate received in the employee’s regular class assignment. If the three and one-half (3.5%) increase requires a payment greater than the highest step, then the highest step shall be paid. Resolution No. FY 24 Salary Resolution Page 6 SECTION 3. RATES OF PAY Rates of pay provided for by a resolution establishing or approving such salaries are fixed on the basis of dollars per month or full-time service in full-time positions unless otherwise clearly indicated. Salaries shown are the base rate of pay for each respective job classification. The hourly rate of pay is calculated by multiplying the monthly rate of pay by 12 and dividing by 2,080, except that the hourly rate of pay for employees whose schedule is 56 hours per week is calculated by multiplying the monthly rate of pay by 12 and dividing by 2,912. SECTION 4. EXEMPT JOB CLASSES Employees in classes listed as exempt in any exhibit attached to this salary resolution whose job codes are marked with an “e” shall not be entitled to payment or compensatory time off for overtime as provided for in the rules and regulations of the Fair Labor Standards Act (hereafter “FLSA”). In accordance with the rules and regulations of the FLSA, the base salary of exempt employees shall not be reduced due to variations in the quality or quantity of the work performed. Deductions from the salary of exempt employees are allowed only for those certain circumstances which are set forth in the applicable FLSA regulations. Employees exempt from overtime shall not be subject to deductions for Leave Without Pay in increments of less than a work day or shift. Employees with qualified medical restrictions may be temporarily placed on a part-time basis and will receive the pro-rated salary during the time of restriction. SECTION 5. WAGES, OVERTIME AND SICK LEAVE FOR TEMPORARY EMPLOYEES A. Temporary employees shall be paid on an hourly basis for the hours actually worked, subject to the provisions of Section 4 above and/or the FLSA, which provides for overtime compensation for hours worked in excess of 40 per workweek. Any such employee in a class having a monthly salary rate shall be paid an hourly rate that is converted from the monthly salary for that class pursuant to Section 3. B. Sick Leave for Temporary Employees: 1. Temporary employees will earn one (1) hour of Sick Leave for every thirty (30) hours of work, including overtime. This accrual will begin on the first day of employment. Sick Leave Accruals will be capped at forty-eight (48) hours. Sick Leave may be carried over from year to year. 2. Temporary employees will be eligible to use Sick Leave on the ninetieth (90th) day of employment. 3. Sick Leave can be used for: a. Diagnosis, care, or treatment of an existing health condition of, or preventive care for, an employee; Resolution No. FY 24 Salary Resolution Page 7 b. Diagnosis, care, or treatment of an existing health condition of, or preventive care for an employee’s parent (a biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child), child (a child, which for purposes of this article means a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis - this definition of a child is applicable regardless of age or dependency status), spouse, registered domestic partner, sibling, grandparent, or grandchild; or, c. For an employee who is a victim of domestic violence, sexual assault, or stalking, the purposes described in Labor Code Section 230(c) and Labor Code Section 230.1(a). 4. Protected Sick Leave for Temporary Employees a. Temporary employees will accumulate and be able to use Sick Leave in accordance with AB1522, Healthy Workplace Healthy Family Act of 2014 (i.e., Labor Code §§245 et seq.) b. Temporary employees may use up to three (3) days as Protected Sick Leave or twenty-four (24) hours, whichever is greater, in each fiscal year (July 1 through June 30). 5. Temporary employees who leave City employment and return within one (1) year from the date of separation will have unused Sick Leave accruals restored up to forty-eight (48) hours. SECTION 6. FLEXIBLE STAFFING An employee holding a permanent position in any class in a group of classes designated as flexibly staffed may be appointed to a higher class in that group, provided that the employee meets the minimum requirements, the essential duties are being satisfactorily performed, and the department director recommends such appointment. SECTION 7. ALTERNATE WORK SCHEDULE FOR EMPLOYEES IN EXHIBIT 2 A 4/10 or 9/80 work schedule may be implemented in any department, division, or work unit, upon approval of the City Manager, City Attorney, City Clerk, or Retirement Administrator, or their designees, as appropriate for their respective areas of authority. Each 4/10 work schedule will consist of a total of 40 scheduled hours of actual work time per workweek. The workweek begins at 12:01 a.m. Monday and ends at Midnight on Sunday. Each 9/80 work schedule will consist of eight 9-hour shifts, one 8-hour shift, and one day off per 14-day period broken down into two 40-hour per week FLSA workweeks. All employees working a 9/80 work schedule shall have an FLSA workweek, which begins four (4) hours after the start Resolution No. FY 24 Salary Resolution Page 8 time of the day of the week, which constitutes the employee’s alternating day off. This shall be an 8-hour shift. The workweek shall end exactly 168 hours later. Employees working a 4/10 or 9/80 work schedule shall have the following exceptions for the holiday benefit apply: A. Holidays: 1. Employees on a 4/10 or 9/80 work schedule shall receive 12 holidays of eight (8) hours. An employee who is off on a holiday, which is a regular work day, shall receive eight (8) hours pay for the holiday. Employees in non-exempt classifications who are off on a holiday which is a regular work day must either take two (2) hours Vacation Leave, Annual Leave, Holiday Leave, or Management Leave if on a 4/10 schedule, or one (1) hour Vacation, Annual, Holiday, or Management Leave if on a 9/80 schedule and the holiday falls on a 9-hour shift. 2. Employees on a 4/10 or 9/80 work schedule who are regularly scheduled to work, and do work on a holiday, which is a regular work day, shall receive eight (8) hours of Holiday Leave. When a holiday falls on an employee’s day off, such employee shall receive eight (8) hours of Holiday Leave. B. For employees participating in the Annual Leave Plan, the following rules shall apply: 1. Employees shall accumulate the same number of hours of Annual Leave per month as under a 5/8 work schedule. Annual Leave will be granted for the actual number of hours absent. C. For employees not participating in the Annual Leave Plan, the following rules shall apply: 1. Sick Leave: Employees shall accumulate eight (8) hours of Sick Leave per month, and receive Sick Leave pay for the actual number of hours absent, provided the employee has a sufficient balance of Sick Leave hours. 2. Vacation Leave: Employees on a 4/10 or 9/80 work schedule shall accumulate the same number of hours Vacation Leave per month as under a 5/8 work schedule. Vacation Leave will be granted for the actual number of hours absent, provided the employee has a sufficient balance of Vacation Leave hours. SECTION 8. MANAGEMENT LEAVE (formerly “Administrative Leave”)/SUPPLEMENTAL MANAGEMENT LEAVE A. For exempt employees in Exhibit 2, Management Leave shall be granted as follows: 1. Full-time employees appointed to permanent positions in classes who are not entitled to payment or equivalent compensatory time off for overtime work (as described in Section 4 above), shall be granted Management Leave as provided in this subsection 1. Eighty (80) hours shall be credited to employees in the E1- E5 Executive Pay Range on the first day in July of each fiscal year. Effective Resolution No. FY 24 Salary Resolution Page 9 November 21, 2022, employees in the E1-E5 Executive Pay Range shall be credited with a prorated balance of the 80 hours for each full calendar month remaining in the fiscal year. For all other exempt employees in Exhibit 2, sixty (60) hours shall be credited to employees on the first day in July of each fiscal year. Upon their employment by the City, new employees appointed in such positions shall be credited with the applicable prorated balance of Management Leave for each full calendar month remaining in such appointment in the fiscal year, including full-time employees in limited or provisional appointments. 2. Unused Management Leave will not be carried over to the next fiscal year. Employees in E1-E5 Executive Pay Ranges may request payment and be compensated for up to sixty (60) hours of Management Leave during the fiscal year in which it is credited. All other employees in Exhibit 2 may request payment and be compensated for up to forty-eight (48) hours of Management Leave during the fiscal year in which it is credited. All such requested payments will be subject to rules established by the City Manager, City Attorney, City Clerk, or Retirement Administrator, as appropriate for their respective areas of authority. Employees shall be compensated for any Management Leave balance, not to exceed eighty (80) hours, upon termination from City service. 3. Management Leave shall be scheduled at the convenience of the department. Approval by the City Manager or designee must be obtained before an appointing authority appointed by the City Manager may take such leave. B. For exempt employees in Exhibit 2, Supplemental Management Leave shall be granted as follows: 1. The City Manager, City Attorney, City Clerk, or Retirement Administrator, as appropriate for their respective areas of authority, may grant up to an additional thirty- two (32) hours per fiscal year on July 1st of Supplemental Management Leave for employees in the E1-E5 Executive Pay Range. 2. The additional Supplemental Management Leave granted cannot be cashed out by employees. 3. At the employee’s option, up to thirty-two hours (32) of the additional Supplemental Management Leave per fiscal year may be transferred to a Special HRA Bank to be credited to an HRA account for eligible employees upon service retirement at eighty percent (80%) of the employee’s current hourly base rate of pay at the time of retirement. Hours in the Special HRA bank may not be used as leave time and cannot be cashed out. There will be no cash out or transfer of hours in the Special HRA bank for employees who are not eligible to participate in the HRA upon retirement or upon separation of employment. Employees must remain in an E1-E5 Executive Pay Range in order to retain hours credited to the Special HRA Bank. Employees who do not remain in an E1-E5 Executive Pay Range for any reason will cease getting credit of Special HRA bank hours and shall no longer accrue additional Supplemental Management Leave. Resolution No. FY 24 Salary Resolution Page 10 4. Interim and provisional appointments to classifications in E1-E5 Executive Pay Range are not eligible for the Supplemental Management Leave. Supplemental Management Leave not used by the end of each fiscal year will be automatically transferred to the Special HRA Bank. C. For employees in Non-Exempt classifications, Management Leave shall be as follows: Full-time employees in non-exempt classifications who are in limited or provisional appointments to exempt classifications, shall receive five (5) hours of Management Leave for the exempt classification for each full month of such provisional or limited appointment. Employees must use the Management Leave in accordance with applicable provisions in appropriate MOUs or T & Cs, and if applicable, Section 8.A.1. above. SECTION 9. ANNUAL LEAVE FOR EMPLOYEES IN EXHIBIT 2 For employees on a forty (40) hour work schedule, the Annual Leave Plan shall be as follows: 1. Annual Leave Accrual – a. Less than Ten (10) Years – For such employees who have been continuously employed by the City for less than ten (10) years in permanent positions, the Annual Leave accrual rate will be 15.5 hours for each completed calendar month of employment. In the event the City agrees to a higher Annual Leave accrual rate for members of recognized labor organizations who participate in the City of Fresno Employees’ Retirement System, the City will increase the Annual Leave accrual rate to the same level for employees in Exhibit 2. More than Ten (10) Years – For such employees who have been continuously employed by the City for ten (10) years or more in permanent positions, the Annual Leave accrual rate will be 18.83 hours for each completed calendar month of employment. In the event the City agrees to a higher Annual Leave accrual rate for members of recognized labor organizations who participate in the City of Fresno Employees’ Retirement System, the City will increase the Annual Leave accrual rate to the same level for employees in Exhibit 2. b. Accumulation Limit – The accumulation of unused Annual Leave will not exceed 1,300 hours for employees in Executive Pay ranges E1 through E4; 1,100 hours for employees in the E5 range; and 840 hours for employees in the, E6, E7, E8, E10, E11, E12, E13, E15, E16, E17, E19, E20, E21 and E22 ranges. In the event an employee has an Annual Leave balance over the limits listed above, accruals will cease until the balance is under the limit. Resolution No. FY 24 Salary Resolution Page 11 2. Annual Leave Used for Protected Sick Leave a. Employees holding a permanent position included in Exhibit 2, shall be allowed to use up to the hours of Annual Leave accrued in six (6) months for Protected Sick Leave for the purposes identified in California Labor Code Section 233. The employee, at their sole discretion, must determine whether to designate leave as Protected Sick Leave under California Labor Code 233. Employees shall note this designation when reporting the absence. 3. Annual Leave Pay Out a. Unused Annual Leave Pay Out During Fiscal Year – Employees may request payment and be compensated for up to 48 hours or ten percent (10%) of their Annual Leave balance, whichever is greater, each fiscal year between July 1st and March 31st; no cash out may be completed between April 1st and June 30th. Payments between January 1st and March 31st may be halted when the City Manager declares that the City’s fiscal condition is such that it is not feasible to make such payments. Cash outs of Annual Leave balances are not pensionable for retirement purposes. b. Unused Annual Leave Pay Out – Upon separation from City service, employees will be compensated for all unused Annual Leave balances at their applicable base rate of pay. Payment received under this provision will not be pensionable for retirement purposes. 4. Frozen Sick Leave a. Use of Frozen Sick Leave – Frozen Sick Leave balances may be used by the employee in accordance with provisions of FMC section 3-107, or for those purposes defined in California Labor Code section 233 up to the statutory amount for the fiscal year unless the statutory amount has been satisfied by use of other leaves for the fiscal year. b. Unused Frozen Sick Leave Pay Out – Upon separation from City service by service retirement or at a disability retirement if the employee is otherwise eligible for service retirement, employees who meet the eligibility criteria in Section 16(F) shall be credited with the number of accumulated Frozen Sick Leave balances in excess of 240 hours at the time of retirement multiplied by eighty percent (80%) of the employee’s then current hourly rate of pay to be used solely to pay premiums for medical insurance (including COBRA premiums), pursuant to the City’s HRA as set forth in Section 16(F). Employees who separate City employment and return within one (1) year of such separation will be entitled to reinstatement of their available Frozen Sick Leave balances at the time of separation from City employment, up to a total of forty-eight (48) hours. Resolution No. FY 24 Salary Resolution Page 12 SECTION 10. HOLIDAYS FOR EMPLOYEES IN EXHIBIT 2 A. Employees occupying a permanent position in Exhibit 2 shall be entitled to the holidays listed in FMC Section 3-116. Employees shall also accrue eight (8) hours of Holiday Leave on July 1st and January 1st of each calendar year. B. Employees may request payment and be compensated for up to 48 hours or ten percent (10%) of their Holiday Leave balance, whichever is greater, each fiscal year between July 1st and March 31st; no cash out may be completed between April 1 and June 30. C. Any employee in Exhibit 2 who is exempt from the payment of overtime and who is otherwise eligible to receive such accumulation, who is required to work a regularly scheduled shift on a holiday, shall have the number of hours worked up to eight (8) hours added to their Holiday Leave balance on the first day of the pay period following the date of such work. When a holiday falls on Saturday or falls on the employee’s day off such employee shall receive eight (8) hours of Holiday Leave. D. Upon separation from City service, employees will be compensated for all unused holiday balances at their applicable base rate of pay. Payment for cash outs of accumulated Holiday Leave balances received under this provision will not be pensionable for retirement purposes with the exception of members of Tier 2 of Fire and Police Retirement System. SECTION 11. SUPPLEMENTAL SICK LEAVE FOR EMPLOYEES Upon employment by the City, new employees appointed to permanent positions set forth in Exhibit 2 shall receive 40 hours of Supplemental Sick Leave each fiscal year with a lifetime accrual limit of 80 hours. Supplemental Sick Leave hours shall be credited on a pro-rated basis for each full calendar month remaining on such appointment in the fiscal year. Employees may utilize earned and accrued Supplemental Sick Leave hours as follows: • Once Sick Leave and Annual Leave have been exhausted; • To be cashed out at retirement or separation from the City, if not eligible for participation in the HRA; • In the performance of community activities during the course of the employee’s normal work day, with the appropriate approval; • Placed in the HRA in accordance with Section 16(F); or • Once Sick Leave and Annual Leave have been exhausted during the first and second year of employment, where an employee is accruing Supplemental Sick Leave, up to half of the hours of Supplemental Sick Leave accrued in a fiscal year for Protected Sick Leave used only for those purposes identified in California Labor Code 233. Use of Protected Sick Leave must be authorized and recorded by the department director or designee. Resolution No. FY 24 Salary Resolution Page 13 Cash outs received under this provision will not be considered pensionable for retirement purposes. SECTION 12. MANAGEMENT TIME OFF FOR EMPLOYEES IN EXHIBIT 2 City employees in classifications designated as exempt from overtime under the provisions of the FLSA and who receive Management Leave pursuant to Section 8, may be granted Management Time Off if the supervisor or designee determines that service delivery and performance of job functions will not be impaired due to the employee’s absence. Such time off shall not be calculated on an hour-for-hour basis in relation to total hours worked. Management Time Off shall not be deducted from any existing leave banks. Management Time Off must be scheduled in advance when possible, approved as Management Time Off by the employee’s supervisor or designee and generally taken in increments of less than one day. Only department directors, assistant directors, or division managers may approve Management Time Off for a full day’s absence. SECTION 13. SALARY RATES The various classes of employment in the City service listed in the following designated exhibits (which are incorporated herein) shall be paid at the rates set forth therein opposite each class title: EXHIBIT 1 Non-Supervisory Blue Collar EXHIBIT 2 Non-Represented Management and Confidential Classes EXHIBIT 3 Non-Supervisory White Collar EXHIBIT 4 Non-Management Police EXHIBIT 5 Fire Non-Management EXHIBIT 6 Bus Drivers and Student Drivers EXHIBIT 7 Non-Supervisory Groups and Crafts EXHIBIT 8 Non-Represented EXHIBIT 9 Police Management EXHIBIT 10 Fire Management EXHIBIT 12 Board and Commission Members EXHIBIT 13-1 Exempt Supervisory and Professional EXHIBIT 13-2 Non-Exempt Professional EXHIBIT 14 Management Classes Resolution No. FY 24 Salary Resolution Page 14 SECTION 14. PROFESSIONAL CERTIFICATE AND LICENSE PAY A. Professional Certificate and License Pay for possession of the certificates and licenses listed below may be authorized for eligible employees at the sole discretion of the City Manager, City Attorney, or Retirement Administrator, or their designees, as appropriate for their respective areas of authority. Pay for possession of more than one (1) certificate and/or license listed below is not stackable, meaning an employee with more than one (1) of the listed certificates and/or licenses may only receive pay for one (1) certificate or license regardless of the number of certificates and/or licenses they possess. 1. Certified Public Accountant (CPA) License / Certified Internal Auditor (CIA) Certification Employees who hold a permanent appointment to a position in Exhibit 2 who have been licensed as a CPA by the State of California or as a CIA by the Institute of Internal Auditors are eligible to receive $300 per month. 2. Professional Engineer License Employees who hold a permanent appointment to a position in Exhibit 2 who possess a Professional Engineer license are eligible to receive $300 per month. 3. Investment Management Certification / Designation Employees who hold a permanent appointment to a position in Exhibit 2 who possess any of the following investment management certificates or designations are eligible to receive $300 per month: a. Chartered Financial Analyst (CFA) designation b. Financial Risk Manager (FRM) certification c. Certified Treasury Professional (CTP) designation d. Certified Investment Manager Analyst (CIMA) certification 4. American Institute of Certified Planners (AICP) Certification Employees who hold a permanent appointment to a position in Exhibit 2 who possess an AICP Certification are eligible to receive $300 per month. B. Employees who possess and maintain certification as a Certified Access Specialist (CASp) and are in a position identified by a department director as eligible for Certificate Pay shall receive $200 per month. C. Employees who possess and maintain a Fundamental Payroll Certification (FPC) and are in a position identified by a department director as eligible shall receive $100 per month in Certificate Pay. Resolution No. FY 24 Salary Resolution Page 15 SECTION 15. BILINGUAL CERTIFICATION PROGRAM FOR EMPLOYEES OCCUPYING PERMANENT CLASSES The bilingual certification program consists of a City administered examination process whereby employees in Exhibit 2 or employees with applicable MOUs or T&Cs with Bilingual pay provisions, may apply for a bilingual examination, and if certified by the examiner, receive bilingual premium pay for interpreting and translating. In conjunction with the Director of Personnel Services, department directors or their designees, shall designate those positions or assignments for which bilingual skills are desired, unless modified by applicable MOU or T&C. A. In order to remain eligible to receive bilingual premium pay, employees must take and pass the certification examination once every five (5) years. Employees who fail to recertify will no longer receive bilingual premium pay. B. This bilingual certification program is not subject to the grievance or appeal process. C. Bilingual certification examinations are conducted for Armenian, Cambodian, Hindi, Hmong, Laotian, Punjabi, Sign, Spanish and Vietnamese languages. D. The bilingual premium pay rate for certified employees occupying permanent classes in Exhibit 2 is one hundred dollars ($100) per month, regardless of how many languages for which an employee is certified. E. Certified employees may interpret/translate for departments/divisions they are not assigned to, provided the requesting department/division has a demonstrated customer service related need and has obtained approval from the certified employee’s supervisor. F. Certified employees shall not refuse to interpret/translate while on paid status. Refusal shall result in appropriate disciplinary action. G. Certified employees may be assigned to any incident or investigation requiring their bilingual skills, and may be required to prepare written reports related to the incident or investigation. The objective of this policy will be to utilize department resources in the most efficient way possible. H. Except in the event of an emergency as determined by management, bilingual employees who are not certified shall not be required to interpret/translate. SECTION 16. BENEFITS FOR FULL-TIME EMPLOYEES OCCUPYING PERMANENT POSITIONS IN EXHIBIT 2 Benefits for employees occupying permanent positions in Exhibit 2 shall be as follows: A. The City’s contribution towards employee health insurance will be shared on a fifty percent (50%) basis by the City and employees, except that employees will be required to pay no more than thirty percent (30%) of the premium established by the Fresno City Employees Health and Welfare Trust Board and the City shall pay seventy percent (70%). Resolution No. FY 24 Salary Resolution Page 16 The employee may opt to contribute the amount necessary to make up the difference through payroll deductions, or accept a reduced coverage option. Should any represented bargaining unit in the City negotiate a successor MOU, impose T & C, extend the period of an MOU or T & C, resulting in a greater contribution by the City (including maintenance of percentage contributions) the City will match that benefit. B. The City will provide a Life Insurance benefit that is equal to the employee’s annual earnings, rounding up to the next $1,000, with a maximum benefit of $150,000. C. The City provides Long Term Disability Insurance for employees in accordance with terms of the policy. D. Employees may elect to make contributions through payroll deductions for voluntary supplemental benefits made available by the City. E. Employees in Exhibit 2 hired with the City on or after August 31, 2014, shall make an additional contribution equal to one and one-half percent (1.5%) of their pensionable compensation to the City of Fresno Employees Retirement System, reducing the City contribution by a corresponding amount. Employees who transfer, demote, or promote, into Unit 2 and were paying an additional one and one-half percent (1.5%) of their pensionable compensation to the City of Fresno Employees Retirement System immediately prior to entering Unit 2, shall continue to pay the additional one and one half percent (1.5%) of their pensionable compensation to the City of Fresno Employees Retirement System, reducing the City contribution by a corresponding amount. In accordance with Internal Revenue Code Section 414(h)(2) and related guidance, the City shall pick up and pay the contribution by salary reduction in accordance with this provision to the City of Fresno Employees Retirement System. The employee shall have no option to receive the one and one-half percent (1.5%) contribution in cash. The one and one- half percent (1.5%) contribution paid by the employee will not be credited to an employee’s accumulated contribution account, nor will it be deposited into a member’s Deferred Retirement Account Program (DROP) account. Unit 2 employees who are members of Tier 2 of the Fire and Police Retirement System, hired on or after July 1, 2019, shall pay an additional contribution equal to three percent (3%) of their pensionable compensation to the Fire and Police Retirement System, reducing the City retirement contribution by the corresponding amount. In accordance with Internal Revenue Code Section 414(h)(2) and related guidance, the City shall pick up and pay the contribution by salary reduction in accordance with this provision to the City of Fresno Fire and Police Retirement System. The employee shall have no option to receive the three percent (3%) contribution in cash. The three percent (3%) contribution paid by the employee will not be credited to an employee’s accumulated contribution account nor will it be deposited into a member’s DROP account. F. The City currently maintains a Health Reimbursement Arrangement (HRA) as described in Internal Revenue Service (IRS) Notice 2002-45 and other guidance published by the IRS regarding HRA’s. Resolution No. FY 24 Salary Resolution Page 17 At separation from permanent employment with the City of Fresno by service retirement or at a disability retirement if the employee is otherwise eligible for service retirement, employees who have used 80 hours or less of Frozen Sick Leave and/or Annual Leave used for sick time and/or Sick Leave, Holiday Leave, and/or Vacation Leave used for sick time (excluding Bereavement Leave statutorily protected hours used for workers’ compensation benefits, and/or other statutorily protected leave such as, but not limited to, Family and Medical Leave Act and Protected Sick Leave taken for the purposes identified in California Labor Code Section 233) in the 24 months preceding their date of retirement, will be credited with an account for the employee under the HRA to be used to pay premiums for medical insurance (including COBRA premiums) and qualified medical expenses pursuant to City of Fresno Retiree HRA Plan Document. The “value” of the account shall be determined as follows: • The number of accumulated Supplemental Sick Leave hours at the time of retirement multiplied by the employee's then current hourly base rate of pay. • For those with Annual Leave, the number of accumulated Frozen Sick Leave hours in excess of 240 hours at the time of retirement multiplied by 80 percent (80%) of the employee’s then current hourly base rate of pay. • For those with Vacation/Sick Leave, the number of accumulated Sick Leave hours in excess of 240 hours at the time of retirement multiplied by 80 percent (80%) of the employee’s then current hourly base rate of pay. • The number of Special HRA hours at the time of retirement multiplied by 80 percent (80%) of the employee’s then current hourly base rate of pay. • The hourly base rate of pay shall be the equivalent of the monthly salary for an employee as reflected in the applicable range, multiplied by 12 months then divided by 2,080 hours. • The accounts may be book accounts only, or cash accounts at the City’s option. No actual trust account shall be established for any employee. Each HRA account shall be credited on a monthly basis with a rate of earnings equal to the yield on the City's Investment Portfolio (provided that such yield is positive). The HRA accounts shall be used to pay premiums for medical insurance (including COBRA premiums) and qualified medical expenses covering the participant, the participant's spouse (or surviving spouse in the event of the death of the participant), and the participant's dependents. Once a participant's account under the HRA has been reduced to $0, no further benefits shall be payable by the HRA. If the participant, the participant's spouse, and the participant's dependents die before the participant's account under the HRA has been reduced to $0, no death benefit shall be payable to any person by the HRA. While this provision is in effect, employees eligible for HRA shall not be allowed to cash out any accumulated or accrued Supplemental Sick Leave or Frozen Sick Leave or Sick Leave at retirement. Resolution No. FY 24 Salary Resolution Page 18 G. On September 15, 2011, the City Council adopted Resolution No. 2011-193, which began the imposition of a salary concession effective September 5, 2011, on employees holding positions listed in Exhibit 2 of the Salary Resolution (FY12 salary concessions). Employees in Exhibit 2 impacted by FY12 salary concessions will be held harmless with respect to DROP and retirement calculations, including calculations impacting members who separate from City employment and elect a deferred vested status. Employee leave payoffs at separation will be calculated using the unadjusted, pre- concessions salary/hourly rate, including those leave payoffs used to calculate credit to the employee’s HRA. This section shall be applied retroactively to those employees who separated from City employment on or after July 1, 2012. SECTION 17. COMPENSATION FOR FULL-TIME EMPLOYEES OCCUPYING PERMANENT POSITIONS IN EXHIBIT 2 A. The following forms of compensation, when authorized, are to be included in base salary: 1. Salary; and 2. Any other form of compensation not specified in paragraph C below. B. The rate of base salary paid shall not be less than or greater than the ranges established in this Salary Resolution at the time the salary is earned. C. The following forms of compensation, when authorized by Administrative Order, ordinance, resolution, or an approved written employment contract, are not to be included in base salary: 1. Monthly vehicle allowance pursuant to the requirements of Administrative Order 2-2; 2. Education and/or certificate pay; 3. Premium pay; 4. Reimbursement for actual educational expenses related to job position; 5. Uniform pay allowance, excluding costs for uniform upkeep; 6. Leave payoff/cash out; 7. Professional dues for enrollment of professional organizations related to job position; Resolution No. FY 24 Salary Resolution Page 19 8. Payment for employee’s attendance at professional organization conferences, including reimbursement of reasonable and necessary travel and subsistence expenses; 9. Reimbursement for actual relocation expenses incurred at the time of commencement of employment with the City; 10. Professional pay authorized in a memorandum of understanding closest in relation to the employee’s classification, for example, Peace Officer Standards and Training (POST) pay for peace officers; 11. Mileage, meal, hotel, public transportation, and other authorized expenses reimbursed for travel expenses incurred while on City business; 12. City provided contributions to insurance premiums; 13. Severance pay following an employee’s termination; and 14. City contributions to health and welfare benefits paid during the term of any severance period. 15. City funded deferred compensation contributions up to the IRS deferral limits set each calendar year. 16. Recruitment and/or retention incentive pay when authorized pursuant to Section 26 below. D. Compensation paid to employees in the form of cash or any equivalent that is in addition to base salary and not covered by another form of authorized compensation approved by City Council (e.g., a memorandum of understanding closest in relation to the employee’s classification; an ordinance; or a resolution) is not authorized. E. The following forms of compensation are authorized for employees in Exhibit 2, when included in an approved written employment contract: 1. Education and/or certificate pay; 2. Reimbursement for actual education expenses related to job position; 3. Professional dues for enrollment of professional organizations related to job position; 4. Annual payment for employee’s attendance at professional organization conferences, including reimbursement of reasonable and necessary travel and subsistence expenses; 5. Reimbursement for actual relocation expenses incurred at the time of commencement of employment with the City; Resolution No. FY 24 Salary Resolution Page 20 6. Mileage, meal, hotel, public transportation, and other authorized expenses reimbursed for travel expenses incurred while on City business; 7. Up to six months’ severance pay following an employee’s termination; and 8. City contributions to health and welfare benefits paid during the term of any severance period. 9. City funded contributions to deferred compensation up to the IRS deferral limits set each calendar year. 10. Recruitment and/or incentive pay when authorized pursuant to Section 26 below. F. Performance bonuses for exempt employees, received prior to November 12, 2015, shall be considered pensionable compensation for calculation of retirement benefits and shall not be included as part of base salary. G. Deferred Compensation benefits shall apply to employees in Exhibit 2 who are in job classes with Executive Pay Ranges E5 through E22 as follows: 1. New employees hired on or after June 19, 2023 opting to enroll in the City’s Deferred Compensation plan, will have a seventy-five dollar ($75) per month employer contribution automatically deposited in their Deferred Compensation account, regardless of whether they contribute. 2. Employees hired before June 19, 2023 who are currently enrolled in the City’s Deferred Compensation plan and are contributing at least seventy-five dollars ($75) per month will continue to receive a seventy-five dollar ($75) reimbursement from the City monthly through July 31, 2023. Thereafter, such employee participants shall no longer receive a monthly reimbursement, but rather will have the seventy-five dollar ($75) per month employer contribution automatically deposited in their Deferred Compensation account, regardless of whether they continue to contribute. 3. Employees hired before June 19, 2023 who are currently enrolled in the City’s Deferred Compensation plan and are contributing less than seventy-five dollars ($75) per month will have a seventy-five ($75) per month employer contribution automatically deposited in their Deferred Compensation account, regardless of whether they continue to contribute. 4. Employees hired before June 19, 2023 who are not enrolled in the City’s Deferred Compensation plan may enroll in the plan and will have a seventy-five dollar ($75) per month employer contribution automatically deposited in their Deferred Compensation account, regardless of whether they contribute. The employer contribution shall be made in bi-weekly payments and shall not be calculated as part of base salary. Resolution No. FY 24 Salary Resolution Page 21 SECTION 18. BENEFITS FOR POLICE CADETS, PERMANENT PART-TIME EMPLOYEES, AND LIMITED EMPLOYEES; AND BENEFITS AND TERMS AND CONDITIONS FOR PERMANENT AIRPORT PUBLIC SAFETY OFFICERS AND PERMANENT AIRPORT PUBLIC SAFETY SUPERVISORS A. Employees in the Police Cadet series shall receive the following benefits: 1. Police Cadet is a training series and is designed to ultimately lead to appointment to a permanent full-time position other than Police Cadet in the Police Department. A Police Cadet may be terminated from the Police Cadet program pursuant to FMC 3-266(d). 2. Upon appointment to a permanent position other than Police Cadet, time served as a Police Cadet I and II shall not be included in calculating an employee’s period of continuous service for the purposes of seniority, retirement benefits, leave accruals, or other benefits. 3. Police Cadets shall be provided with Social Security benefits and shall not be members of the Fresno City Employees’ Retirement System as they are employed principally for the purpose of training. 4. Actual hours worked in excess of 40 hours a week shall be compensated as overtime in accordance with the applicable provisions of FLSA. 5. Fringe benefits for employees in permanent positions in the Cadet series will be determined by the City Manager or designee. 6. Protected Sick Leave Employees will accumulate and be able to use Protected Sick Leave in accordance with AB1522, Healthy Workplace Healthy Family Act of 2014, up to twenty-four (24) hours or three (3) days each fiscal year, whichever is greater. Employees will earn one (1) hour of leave for every thirty (30) hours of work, including overtime. This accrual will begin on July 1, 2015, or the first day of employment, whichever is later. Accruals of Protected Sick Leave will be capped at forty-eight (48) hours. Accruals of Protected Sick Leave may be carried over from year to year. Employees who leave City employment and return within one (1) year from the date of separation will have unused Protected Sick Leave accruals restored up to forty-eight (48) hours. 7. Bilingual Premium Pay Employees in the Cadet Series shall be eligible for the Bilingual Certification Program as provided in Section 15. Resolution No. FY 24 Salary Resolution Page 22 B. Benefits for Permanent Part-Time (hereafter “PPT”) employees shall be as follows: 1. Health and Welfare benefits shall be provided as outlined in Section 16A. 2. PPT employees shall be provided with Social Security benefits and shall not be members of the Fresno City Employees’ Retirement System. PPT employees who participated in the plan as a permanent full-time employee and whose contributions remain on deposit, remain members of the Fresno City Employees’ Retirement System. 3. PPT employees shall be paid for jury duty attendance and court attendance in accordance with FMC Sections 3-109 and 3-110. 4. Holidays PPT employees shall receive paid leave for holidays in proportion to the number of non-overtime hours scheduled for that position, as reflected in the adopted budget. 5. Leave for PPT Employees in Exhibit 2 PPT employees appointed in a permanent class included in Exhibit 2, shall be granted leave under the same terms and conditions as full-time employees in the same class in Exhibit 2, except that such leave shall be at a rate proportionate to a permanent full-time employee occupying the same class, according to the number of hours scheduled to work. C. Benefits for Limited Employees 1. Benefits for Limited employees appointed pursuant to FMC Section 3-256 who do not hold a permanent position as defined in FMC Section 3-202 to a job classification listed in Exhibit 2 or who are not permanent employees as defined in FMC Section 3-202 shall be as follows: a. Health and Welfare and leave benefits shall be afforded to Limited employees commensurate with the benefits provided to employees in the same job classification who hold a permanent position in Exhibit 2 or permanent employees as defined by FMC Section 3-202, respectively. b. Limited employees shall be provided with Social Security benefits and shall not be members of the Fresno City Retirement Systems. Limited employees who participated in the plan as permanent full-time employees and whose contributions remain on deposit remain members of the Fresno City Retirement Systems. c. Limited employees shall be paid for jury duty attendance and court attendance in accordance with FMC Sections 3-109 and 3-110. Resolution No. FY 24 Salary Resolution Page 23 2. Benefits for Limited employees appointed pursuant to FMC Section 3-256 who hold a permanent position as defined in FMC Section 3-202 to a job classification listed in Exhibit 2 or who are permanent employees as defined in FMC Section 3- 202 shall continue to receive the same benefits commensurate with those provided in their permanent position or as a permanent employee, respectively, except as specifically modified herein. D. Use of Protected Sick Leave for Police Cadets and Permanent Part-Time Employees: 1. The employee, at their sole discretion, must determine whether to designate leave as Protected Sick Leave under CA LC 233. Employees shall note this designation when reporting the absence. The leave will not be used or considered for the purpose of corrective and/or disciplinary action. The purpose of this benefit is to allow employees time to care for themselves and family members as defined in California Labor Code section 246.5 for the purposes identified in California Labor Code section 233 as stated in subsection 3 below. Employees are encouraged to schedule routine medical and/or dental appointments outside of regular work hours when possible. Use of Protected Sick Leave shall be authorized and recorded by an appointing authority or designee. 2. Protected Sick Leave can be used for: a. Diagnosis, care, or treatment of an existing health condition of, or preventative care for, an employee; b. Diagnosis, care, or treatment of an existing health condition of, or preventative care for an employee’s parent (a biological adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child), child (a child, which for purposes of this article means a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis - this definition of a child is applicable regardless of age or dependency status), spouse, registered domestic partner, parent-in-law, sibling, grandchild, or grandchild; or, c. For an employee who is a victim of domestic violence, sexual assault, or stalking, the purposes described in Labor Code Section 230(c) and Labor Code Section 230.1(a). 3. After the employee has taken the first three (3) days of Protected Sick Leave for purposes as defined in subsection C.2 above on or after July 1 of each year, these provisions under AB1522, Healthy Workplace Healthy Family Act of 2014 will no longer be applicable. 4. Protected Sick Leave requests will be administered in accordance with existing FMC provisions, City administrative orders, policies, procedures, rules and regulations regarding approval time off. Resolution No. FY 24 Salary Resolution Page 24 5. Employees who leave City Employment and return within one (1) year from the date of separation will have unused Sick Leave accruals restored up to forty-eight (48) hours. E. Benefits and Terms and Conditions for Permanent Airport Public Safety Officers and Permanent Airport Public Safety Supervisors shall be as follows: 1. Health and Welfare a. Health and Welfare benefits shall be provided as outlined in Section 16A, unless an employee elects the Other Health Insurance Opt Out Option as outlined in subsection C.1.b. below. b. Other Health Insurance Opt Out Option: (1) With proof of other health insurance coverage, employees may opt out of enrolling in the City’s Health and Welfare plan if enrolled in a health plan outside of the City, such as a spousal plan. (2) Eligible employees (i.e., with proof of other health insurance) may opt out of enrolling in the City’s Health and Welfare plan upon: a) Employment with the City; b) Within thirty (30) days of a qualifying event; or c) During the open enrollment period for the Health Plan. (3) On an annual basis during the month of November, an employee electing to opt out of the City’s Health and Welfare plan will be required to submit proof of other health insurance to the Personnel Services Department. If other insurance is discontinued for any reason at any point, the employee must notify the Personnel Services Department Immediately. If the employee does not provide proof of other health insurance annually during the month of November, they will automatically be enrolled in the City’s Health and Welfare Trust Plan, and will not be eligible to opt out of the City’s Health and Welfare Trust Plan during the respective plan year unless they have a qualifying event and submit proof of other insurance within thirty (30) (30) days of the qualifying event. Otherwise, they may opt out during the open enrollment period for the Health and Welfare Trust Plan with acceptable proof of other health insurance. (4) Acceptable proof of other health insurance will be presenting a current insurance identification card bearing the employee’s name, or proof of the employee’s eligibility from the insurance provider. In all cases, acceptable proof of other health insurance for purposes of this section must include the City employee’s name. Resolution No. FY 24 Salary Resolution Page 25 2. Pension and Social Security a. Pension for Airport Public Safety Officers Airport Public Safety Officers in the Fire and Police Retirement system shall pay an additional contribution equal to three percent (3%) of their pensionable compensation to the Fire and Police Retirement System, reducing the City retirement contribution by the corresponding amount. In accordance with Internal Revenue Code Section 414(h)(2) and related guidance, the City shall pick-up and pay the contribution by salary reduction in accordance with this provision to the City of Fresno Fire and Police Retirement System. The employee shall have no option to receive the three percent (3%) contribution in cash. The three percent (3%) contribution paid by the employee will not be credited to an employee’s accumulated contribution account nor will it be deposited into a member’s Deferred Retirement Account Program (“DROP”) account. COLA Adjustments: COLA Adjustments for Career-Rank Average Method DROP Members and Retirees Effective February 28, 2022, any future cost of living adjustments (“COLA adjustments”) for Career-Rank Average Method Deferred Retirement Option Program (“DROP”) members and retirees who entered DROP or retired (not having entered DROP) from positions in this unit under FMC Section 3- 301(a)(9) prior to February 28, 2022, and whose COLA adjustments are calculated using the “F” Step of their respective rank, shall have their COLA adjustments calculated under FMC Section 3-301 (a)(9) using the “G” Step salary in lieu of their “F” Step salary to determine “average compensation”. COLA Adjustments for Final Three Year Average Method DROP Members and Retirees Effective February 28, 2022, any future COLA adjustments for Final Three Year Average Method DROP members and retirees shall be calculated pursuant to FMC Section 3-302(g). For Final Three Year Average Method DROP members and retirees, COLA pursuant to FMC Section 3-302(g) will be effective July 1, 2021, for the February 28, 2022 wage increase, and will be effective July 1, 2022 for the June 20, 2022 wage increase. b. Pension for Airport Public Safety Supervisors Employees in Tier 2 of the Fire and Police Retirement System, hired on or after June 29, 2015, shall pay an additional contribution equal to three percent (3%) of their pensionable compensation to the Fire and Police Retirement System, reducing the City retirement contribution by the corresponding amount. In Resolution No. FY 24 Salary Resolution Page 26 accordance with Internal Revenue Code Section 414(h)(2) and related guidance, the City shall pick-up and pay the contribution by salary reduction in accordance with this provision to the City of Fresno Fire and Police Retirement System. The employee shall have no option to receive the three percent (3%) contribution in cash. The three percent (3%) contribution paid by the employee will not be credited to an employee’s accumulated contribution account nor will it be deposited into a member’s Deferred Retirement Account Program (“DROP”) account. Effective June 29, 2015, employees in Tier 1 of the Fire and Police Retirement System’s, and in Tier 2 who were hired before June 29, 2015, including those employees in DROP, shall make an additional contribution equal to one percent (1%) of their pensionable compensation to the Fire and Police Retirement System, reducing the City retirement contribution by the corresponding amount. In accordance with Internal Revenue Code Section 414(h)(2) and related guidance, the City shall pick-up and pay the contribution by salary reduction in accordance with this provision to the City of Fresno Fire and Police Retirement System. The employee shall have no option to receive the one percent (1%) contribution in cash. The one percent (1%) contribution paid by the employee will not be credited to an employee’s accumulated contribution account nor will it be deposited into a member’s DROP account. COLA Adjustments: COLA Adjustments for Career-Rank Average Method DROP Members and Retirees Effective January 17, 2022, any future cost of living adjustments (“COLA adjustments”) for Career-Rank Average Method Deferred Retirement Option Program (“DROP”) members and retirees who entered DROP or retired (not having entered DROP) from positions in this unit under FMC Section 3- 301(a)(9) prior January 17, 2022, and whose COLA adjustments are calculated using the “F” Step of their respective rank, shall have their COLA adjustments calculated under FMC Section 3-301 (a)(9) using the “G” Step salary in lieu of their “F” Step salary to determine “average compensation”. COLA Adjustments for Final Three Year Average Method DROP Members and Retirees January 17, 2022, any future COLA adjustments for Final Three Year Average Method DROP members and retirees shall be calculated pursuant to FMC Section 3-302(g). For Final Three Year Average Method DROP members and retirees, COLA pursuant to FMC Section 3-302(g) will be effective July 1, 2021 for the January 17, 2022 wage increase, and will be effective July 1, 2022, for the June 20, 2022 wage increase. Resolution No. FY 24 Salary Resolution Page 27 c. Permanent Part Time Airport Public Safety Officers and Permanent Part Time Airport Public Safety Supervisors Permanent part time Airport Public Safety Officers and permanent Part Time Airport Public Safety Supervisors shall participate in the Social Security System and shall not be members of the City of Fresno Fire and Police Retirement System unless: (1) The individual is transferring from a full time permanent position in the City of Fresno Fire and Police Retirement System to a part time position in the Fire and Police System; (2) At separation from City employment, the individual elected a Deferred Vested status in the Fire and Police Retirement System. Upon re- employment as a Public Safety Supervisor, the individual will resume participation in the Fire and Police Retirement System; or (3) The individual is a retiree of the City of Fresno Fire and Police Retirement System and is reinstated from retirement by the City of Fresno Fire and Police Retirement Board in accordance with Fresno Municipal Code Section 3-334. 3. Life Insurance and Long Term Disability for Permanent Airport Public Safety Supervisors a. Life Insurance: The City will provide a Life Insurance benefit that is equal to the employee’s annual earnings, rounding up to the next $1,000, with a maximum benefit of $150,000. b. Long Term Disability: The City provides Long Term Disability Insurance for employees in accordance with terms of the City’s policy. 4. Sick Leave Employees shall accrue Sick Leave at the rate of eight point four (8.4) hours for each completed calendar month of employment. Employees shall not accrue additional Sick Leave once their balance reaches nine hundred (900) hours. The FMC, City Administrative Orders, departmental policies, procedures, rules and regulations concerning Sick Leave usage and administration will continue to apply. Protected Sick Leave: All employees may use up to one-half of their annual Sick Leave accrual for purposes consistent with California Labor Code section 233. Protected Sick Leave, as described above, may be used under the following circumstances, and may be designated as protected time pursuant to the state law at the employees’ discretion: Resolution No. FY 24 Salary Resolution Page 28 • Diagnosis, care, or treatment of an existing health condition of, or preventive care for, an employee; • Diagnosis, care, or treatment of an existing health condition of, or preventive care for an employee’s parent (a biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child), child (a child, which for purposes of this article means a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis - this definition of a child is applicable regardless of age or dependency status), spouse, registered domestic partner, sibling, grandparent, or grandchild; or, • For an employee who is a victim of domestic violence, sexual assault, or stalking, the purposes described in Labor Code Section 230(c) and Labor Code Section 230.1(a). Employees who terminate City employment and return within one year of such termination will be entitled to reinstatement of their Sick Leave balances at the time of termination from City employment, up to a total of 48 hours. Any leave taken under these provisions which would also apply to other Sick Leave provisions (e.g., Protected Sick Leave and/or family and medical leave) would also count toward those provisions. 5. Supplemental Sick Leave On each July 1 employees shall be credited forty (40) hours of Supplemental Sick Leave with an accrual limit of forty (40) hours per year and up to a total lifetime maximum of eighty (80) hours. However, if an employee is absent from work on a leave without pay status on July 1st, the additional forty (40) hours shall be prorated and received upon the employee’s return to work. The credit of hours shall be prorated for employees hired after July 1st. Supplemental Sick Leave may only be utilized once the employee has exhausted all other Sick Leave and Vacation Leave accruals, or as Protected Sick Leave during the first and second year of employment where an employee is accruing Supplemental Sick Leave and once their regular Sick Leave balance is exhausted, Resolution No. FY 24 Salary Resolution Page 29 up to one-half of the total time accrued during the fiscal year may be used in accordance with California Labor Code 233, as described in Section 18.B.3. above. Upon separation from City service the accrued Supplemental Sick Leave hours will be: a. Credited as service credit on an hour-per-hour basis upon retirement; or b. Cashed out at retirement or upon separation from the City. 6. Vacation Leave a. Airport Public Safety Officers: (1) Employees shall accrue Vacation Leave hours for each completed calendar month of employment as reflected below. Employees are allowed to only accumulate up to twice their amount of annual accrual of Vacation Leave. Years of Continuous Employment Accrual Rate (hrs./mo.) Less than 10 8.4 More than 10 10.5 (2) An employee’s Vacation Leave accumulation shall not cease due to refusal by the City to grant Vacation Leave prior to the employee reaching the Vacation Leave accumulation limit applicable to the employee’s position and length of service. In the event an employee requests in writing Vacation Leave one (1) month prior to the month in which the limit would be reached, and such request is refused, the Director of Aviation or designee shall extend the employee’s Vacation Leave accumulation limit for ninety (90) days during which time the employee shall be scheduled for Vacation Leave sufficient to reduce the employee’s balance below the accumulation limit. b. Airport Public Safety Supervisors: (1) Employees hired before June 29, 2015 shall accrue Vacation Leave hours for each completed calendar month of employment as reflected below. Employees with less than ten (10) years of continuous employment are allowed to accrue 336 hours of Vacation Leave, and employees with ten (10) years or more continuous employment are allowed to accrue 420 hours of Vacation Leave. Resolution No. FY 24 Salary Resolution Page 30 Years of Continuous Employment Accrual Rate (hrs./mo.) Less than 10 10.5 More than 10 14 (2) Employees hired on or after June 29, 2015 shall accrue Vacation Leave hours for each completed calendar month of employment as reflected below. Employees are allowed to only accrue up to twice their amount of annual accrual of Vacation Leave. Years of Continuous Employment Accrual Rate (hrs./mo.) Less than 10 8.4 More than 10 10.5 (3) An employee’s Vacation Leave accumulation shall not cease due to refusal by the City to grant Vacation Leave prior to the employee reaching the Vacation Leave accumulation limit applicable to the employee’s position and length of service. In the event an employee requests in writing Vacation Leave one (1) month prior to the month in which the limit would be reached, and such request is refused, the Director of Aviation or designee shall extend the employee’s Vacation Leave accumulation limit for ninety (90) days during which time the employee shall be scheduled for Vacation Leave sufficient to reduce the employee’s balance below the accumulation limit. 7. Holiday Leave a. Airport Public Safety Officers: (1) Employees shall accrue eight point four 8.4 hours per month in lieu of the Holidays recognized in FMC Section 3-116. (2) Employees may request payment and be compensated for up to forty eight (48) hours or ten percent (10%) of their holiday leave balance, whichever is greater, each fiscal year. The employee’s request to be paid must be received by the Department payroll clerk at least ten (10) calendar days prior to the next biweekly pay period. Employees must Resolution No. FY 24 Salary Resolution Page 31 cash out a minimum of twelve (12) hours. No cash out may be requested between April 1st and June 30th. b. Airport Public Safety Supervisors: (1) Employees shall accrue eight point four (8.4) hours per month as holiday leave in lieu of the Holidays recognized in FMC Section 3-116. (2) Employees may request payment and be compensated for up to forty eight (48) hours or twenty-five percent (25%) of their holiday leave balance, whichever is greater, each fiscal year. The employee’s request to be paid must be received by the Department payroll clerk at least ten (10) calendar days prior to the next biweekly pay period. Employees must cash out a minimum of twelve (12) hours. 8. Compensatory Time Off a. An employee has the option to accrue CTO in lieu of cash payment for overtime hours worked for the first sixty (60) hours of overtime worked in a fiscal year. CTO may not be rolled over into the next fiscal year. CTO may be used for time off during the fiscal year it is earned, will be cashed out upon separation from employment if unused CTO from the current fiscal year remains, or will be cashed out during the last pay period of each fiscal year at the employee’s base rate of pay. b. Employees who have reached the maximum accrual (60) hours of CTO in a fiscal year shall be given cash payment for additional overtime hours worked. c. CTO shall be accumulated at the applicable overtime rate for the time worked under the provisions of the Fair Labor Standards Act (FLSA). d. The use of accumulated CTO shall be requested, and subject to approval by the Airport Public Safety Manager or designee. 9. Premium Pay a. P.O.S.T Certificate Pay: (1) Airport Public Safety Officers a) Employees who have satisfactorily attained the Advanced P.O.S.T. Certificate shall be compensated at a rate of seven percent (7%) above the base rate of pay. Resolution No. FY 24 Salary Resolution Page 32 (3) Airport Public Safety Supervisors a) Employees who have satisfactorily attained the Intermediate P.O.S.T. Certificate shall be compensated at a rate of five percent (5%) above the base rate of pay. b) Employees who have satisfactorily attained the Advanced P.O.S.T. Certificate shall be compensated at a rate of seven percent (7%) above the base rate of pay. c) Airport Public Safety Supervisors who have satisfactorily attained the Supervisory P.O.S.T. Certificate shall be compensated at a rate of nine percent (9%) above the base rate of pay. d) P.O.S.T. Certificate pays are not stackable with each other and shall be paid at the highest certification obtained. b. Night Shift Premium: Employees who have a shift regularly scheduled from 19:00 hours to 07:00 hours will receive night shift premium pay of $1.75 per hour for all hours actually worked between said hours. c. Bilingual Certification Pay: Employees shall be eligible for the Bilingual Certification Program as provided in Section 15. 10. Uniform Allowance Employees shall receive $1,200 per year as a uniform purchase and maintenance allowance and paid in semi-annual installments on the last pay period in December and June. For employees in Tier 2 of the City of Fresno Fire and Police Retirement System, the uniform allowance is not pensionable. 11. Health Reimbursement Arrangement The City currently maintains a Health Reimbursement Arrangement (HRA) that qualifies as a "health reimbursement arrangement" as described in Internal Revenue Service (IRS) Notice 2002-45 and other guidance published by the IRS regarding HRAs. At service retirement, or at a disability retirement if a Tier I or Tier II member is otherwise eligible for service retirement, or upon resignation if the employee is otherwise eligible for service retirement, employees who have used one hundred twelve (112) hours or less of Sick Leave used for sick time (excluding only hours used for Workers’ Compensation benefits and/or statutorily protected leaves such as Family & Medical Leave, and Family Sick Leave, and/or Bereavement Leave) in the 24 months preceding their date of retirement, will be credited with an account for the employee under the HRA to be used solely to pay premiums for Resolution No. FY 24 Salary Resolution Page 33 medical insurance (including COBRA premiums) and qualified medical expenses for the participant, the participant’s spouse (or surviving spouse in the event of the death of the participant), and the participant’s dependents pursuant to the City of Fresno Retiree HRA Plan Document. The "value" of the account shall be determined as follows: • The number of accumulated Sick Leave hours in excess of 240 hours at the time of retirement multiplied by 80% of the employee's then current hourly base rate of pay. • The hourly base rate of pay for employees shall be the equivalent of the monthly salary for the classification as reflected in the Salary Resolution, multiplied by twelve (12) months then divided by 2,080 hours. At the employer’s option, the HRA accounts shall be book accounts only – no actual trust account shall be established for any employee. Each HRA book account shall be credited on a monthly basis with a rate of earnings equal to the yield on the City’s Investment Portfolio (provided that such yield is positive). Once a participant’s account under the HRA has been reduced to $0, no further benefits shall be payable by the HRA. If the participant, the participant’s spouse, and the participant’s dependents die before the participant’s account under the HRA has been reduced to $0, no death benefit shall be payable to any person by the HRA. While this provision is in effect, eligible employees shall not be allowed to cash out any accumulated or accrued sick leave at retirement. 12. Workers’ Compensation a. Consistent with FMC Section 3-118, the percentage of wages or salary and benefits received by an employee who suffers an injury in the course and scope of City employment shall be the percentage and benefits established by the State of California workers’ compensation laws set forth in the California Labor Code. b. Partial days of absence due to a work related injury or illness, including the day of injury or illness, shall be at full pay and shall not count toward the exclusion period; however, this time shall be recorded as work related injury/illness absence. c. At the employee’s option, in the event work related injury/illness pay from the City is not provided during the first three (3) days of absence due to the work related injury or illness, the employee may first take Sick Leave, Vacation Leave, or Holiday Leave for that period. d. If the employee is placed on sick leave, vacation or holiday pending determination as to whether the injury or illness is industrial, and the injury or Resolution No. FY 24 Salary Resolution Page 34 illness is determined to be industrial, sick leave, vacation or holiday shall be restored within thirty (30) calendar days of such determination provided that the employee has submitted all necessary documents relevant to their Workers’ Compensation claim, and the employee placed on work related injury/illness leave as provided herein. e. If the employee is placed on sick leave, vacation or holiday pending determination as to whether the injury or illness is industrial, and the injury or illness is determined not to be industrial, sick leave, vacation or holiday shall not be restored. f. Retirement benefits shall not be reduced as a result of compensation paid at the one hundred percent (100%) rate level of compensation established herein. Changes in contribution by the City and employee shall be in accordance with the applicable retirement code sections. g. Notwithstanding the provisions of the FMC, for the first sixty (60) days of absence in any fiscal year, benefits, including but not limited to holiday leave accumulation and uniform allowance, shall continue to accrue. 13. Airport Public Safety Officer Temporary Assignment to Perform Duties of Absent Employees (Acting) In the absence of an Airport Public Safety Supervisor, Airport Public Safety Officers who meet the minimum qualifications of the Airport Public Safety Supervisor classification may be authorized by the Airports Director or designee to act as an Airport Public Safety Supervisor. For hours actually worked in an acting capacity, the employee will be compensated as an Airport Public Safety Supervisor such that the employee shall be paid the step in the Airport Public Safety Supervisor salary range which is at least three and one-half percent (3.5%) higher than the base rate of pay received as an Airport Public Safety Officer. If such an increase would require a payment greater than the highest step of the Airport Public Safety Supervisor salary range, then the highest step of the Airport Public Safety Supervisor salary range shall be paid. 14. Rates of Pay The hourly base rate of pay for employees shall be the equivalent of the monthly salary for the classification as reflected in the Salary Resolution, multiplied by twelve (12) months then divided by 2,080 hours. SECTION 19. CONVERSION OF LEAVES WHEN CHANGING BARGAINING UNITS A. Employees changing from a bargaining unit with leave banks that are the same as leave banks in the bargaining unit to which they are transferring, will maintain their existing leave balances (e.g., Vacation Leave to Vacation Leave, Sick Leave to Sick Leave, Supplemental Sick Leave to Supplemental Sick Leave), subject to Section 19, Subsection (H) Leave Caps below. Resolution No. FY 24 Salary Resolution Page 35 Employees in a bargaining unit with Management Leave who move to a bargaining unit with Management Leave will maintain their existing leave balances. B. Annual Leave/Vacation Leave - Employees with an Annual Leave balance transferring to a position in a bargaining unit which is not covered by Annual Leave, may either cash out unused Annual Leave at the former class’ base rate of pay, or convert the unused Annual Leave to a non-accruing Annual Leave bank. The conversion is obtained by multiplying unused Annual Leave hours by the former class’s base rate of pay (converted to an hourly figure), dividing the product by the new class’s base rate of pay (converted to an hourly figure), and placing the resulting balance for leave usage as requested and designated by the employee, with appropriate approval. Employees with Vacation Leave transferring to a bargaining unit with Annual Leave will have all Vacation accruals converted to Annual Leave. C. Sick Leave – Employees with Sick Leave who move to a bargaining unit with Annual Leave will have their unused Sick Leave balances frozen, as Frozen Sick Leave. D. Supplemental Sick Leave – Employees with Supplemental Sick Leave who transfer to a bargaining unit with no Supplemental Sick Leave may either cash the leave out at the former class’ base rate of pay or continue to maintain the Supplemental Sick Leave. If the employee elects to retain the Supplemental Sick Leave, it may be used pursuant to Section 11. E. Employee Incentive Time Off (EITO) – Employees with EITO who transfer to a bargaining unit with no EITO will have the EITO balance cashed out at the former class’ base rate of pay at the time of transfer. F. Compensatory Time Off (CTO) – Employees with CTO who transfer to a bargaining unit with no CTO, will have all time cashed out at the former class’ rate of pay. Employees with CTO who transfer to a bargaining unit with CTO will be subject to all provisions regarding CTO in the new bargaining unit. If the employee’s CTO balance is over the cap of the new bargaining unit, any CTO above the cap will be cashed out at the former class’ base rate of pay. G. Management Leave – Employees in a bargaining unit with Management Leave who move to a bargaining unit with no Management Leave will have their Management Leave cashed out at the former class’ base rate of pay at the time of transfer. H. Leave Caps - When employees transfer from one bargaining unit to a different bargaining unit that has a lower leave accrual cap for leave other than Sick Leave, all leave over the Conversion example: 100 unused hrs x $15.00 (Former base rate) = 75 hrs placed in non-accruing $20.00 (New class base rate) annual leave balance account Resolution No. FY 24 Salary Resolution Page 36 cap will be cashed out at the former class’ base rate of pay upon the conclusion of the second pay period after the transfer in bargaining unit. The cash out is obtained by multiplying the amount of hours over the new cap by the former class' base rate of pay (converted to an hourly figure). Employees with Sick Leave who transfer to a bargaining unit with Sick Leave whose balance is over the cap of the new bargaining unit will have any hours above the Sick Leave cap converted to a Frozen Sick Leave bank. Employees with Holiday Leave who transfer to a bargaining unit with a Holiday Leave whose balance is over the cap of the new bargaining unit will have any Holiday Leave above the cap converted to a Special Holiday Leave bank. Employees with Special Holiday Leave who transfer to a bargaining unit with no Holiday Leave cap will have all Special Holiday Leave converted to Holiday Leave. SECTION 20. SPECIAL PROVISIONS FOR EMPLOYEES ON LEAVE FOR MILITARY SERVICE The City will extend salary and benefits to permanent City employees while they are serving in active military duty deployments of more than thirty-one (31) days as follows: A. Payment of the employee’s salary differential benefit; B. Payment of the City’s portion of the employees’ Health and Welfare Contribution, if the employee is currently covered by the City of Fresno Health and Welfare Trust; and C. Continued accrual of Vacation, Sick, Annual and/or Management Leave balances to which they are otherwise entitled by unit designation and employee status during the period of deployment. SECTION 21. BEREAVEMENT LEAVE In accordance with FMC Section 3-107 (f) and Government Code Section 12945.7, upon the death of a member of an employee’s immediate family, the employee shall be allowed to use Sick Leave (or Annual Leave, or any other accrued and available Leave), or Leave Without Pay if the employee has exhausted all Leave balances, for up to five total working days, taken either consecutively or intermittingly, during a period of up to three (3) months after the immediate family member’s death; provided, however, that members of the fire fighting forces working a twenty-four hour shift shall be allowed such Leave not to exceed two regular working shifts. In accordance with Government Code Section 12945.2, immediate family includes: the employee’s child, parent, spouse, registered domestic partner, parent-in-law, grandparent, grandchildren, or sibling. An employee may use Sick Leave or Annual Leave to attend the funeral of a person other than a member of the immediate family if granted such leave by their department director. The Resolution No. FY 24 Salary Resolution Page 37 department director shall notify Personnel Services Director when any employee is granted such leave. SECTION 22. LEAVE INTEGRATION WITH STATE DISABILITY INSURANCE (SDI) FOR NEW EMPLOYEES AND EMPLOYEES TRANSITIONING FROM A BARGAINING UNIT WITH SDI; LEAVE INTEGRATION WITH THE CITY’S LONG TERM DISABILITY INSURANCE PLAN A. INTEGRATION WITH STATE DISABILITY INSURANCE (INCLUDING PAID FAMILY LEAVE) (“SDI/PFL”) Employees eligible for SDI/PFL benefits under Section 2601, et seq. of California Unemployment Insurance Code receive benefits pursuant to California Unemployment Insurance Code Section 2655. Newly hired employees eligible for the SDI/PFL benefit and employees transitioning from a bargaining unit with SDI/PFL participation are eligible to integrate their leave balances under this Section. Integrating leave balances is defined as using the SDI/PFL benefit combined with an appropriate number of hours per work week of the employee’s available leave balances added together to provide regular, bi-weekly income. Before leave integration will occur, an employee must file a claim as required under SDI/PFL and make a timely election to integrate leave with SDI/PFL benefits which shall be no more than 100 percent of the employee’s normal bi-weekly gross wages (excluding overtime pay) immediately prior to the start of the disability period. A timely election to integrate leave shall be notification to the City as soon as practical, but no later than fourteen (14) calendar days after the date of the SDI/PFL claim. Notification shall be provided by completing an Agreement to Integrate Leave Balance form made available in each department or from Payroll directly. Extensions beyond fourteen (14) calendar days may be given due to exigent good cause circumstances on a case-by-case basis by the Director of Personnel Services or their designee. Employees who elect to integrate as described above must provide Payroll with a copy of the Employment Development Department’s (EDD) Notice of Computation within fourteen (14) calendar days of the issue date of the Notice, and are required to authorize EDD to share benefit computations with the City on their initial claim forms. Extensions beyond fourteen (14) calendar days due to exigent good cause circumstances, such as the employee being incapacitated, may be considered on a case-by-case basis. Leave integration will not be allowed or provided for any period before the City receives the signed Agreement to Integrate Leave Balance and the Notice of Computation, including retroactive integration, unless exigent good cause circumstances apply (i.e., integration will occur only on a prospective basis after the City’s receipt of the required leave integration paperwork unless exigent good cause circumstances apply). Integrating leave balances with SDI/PFL benefits will continue only if leave balances are available and the employee remains eligible to receive SDI/PFL benefits. Once integration Resolution No. FY 24 Salary Resolution Page 38 begins, it will continue as long as leave balances are available and SDI/PFL benefits continue. Integration will end, whichever comes first in time, upon: (1) notification from the employee that SDI/PFL benefits have terminated, (2) the employee exhausting all leave balances and/or donated time resulting in leave without pay status, (3) the employee’s return to work, or (4) the employee’s separation from City employment. An employee who is integrating leave and has exhausted all other leave balances may apply for donated time in accordance with City policies. Donated time will be integrated in the same manner as all other available leave time as described in this Section. B. INTEGRATION WITH THE CITY’S LONG TERM DISABILITY PLAN Employees eligible for the City’s Long Term Disability Plan may elect to integrate leave time with those Plan benefits by signing an integration agreement as soon as practical, but no later than fourteen (14) calendar days after the Long Term Disability claim date. Notification shall be provided by completing an integration agreement form made available by the City indicating whether or not the employee desires to integrate leave with the claim. Extensions beyond fourteen (14) calendar days may be given due to exigent good cause circumstances on a case-by-case basis by the Director of Personnel Services or their designee. Employees who elect to integrate as described above must provide Payroll with a copy of the City’s Long Term Disability Plan’s Notice of Award within fourteen (14) calendar days of the issue date of the Notice. Extension beyond fourteen (14) calendar days due to exigent good cause circumstances, such as the employee being incapacitated, may be considered on a case-by-case basis. Integration will end, whichever comes first in time, upon: (1) notification from the employee that Plan benefits have terminated, (2) the employee exhausting all leave balances and/or donated time resulting in leave without pay status, (3) the employee’s return to work, or (4) the employee’s separation from City employment. SECTION 23. SALARIES FOR EMPLOYEES IN EXHIBIT 2, EXHIBIT 8, AND PERMANENT PART- TIME EMPLOYEES WHILE ABSENT DUE TO INJURY IN THE LINE OF DUTY The percentage of wages or salary received for an employee who suffers an injury in the course and scope of City employment shall be the percentage established by the State of California Workers’ Compensation laws. SECTION 24. BENCHMARKING DELETED CLASSIFICATIONS AND PAY STEPS Consistent with FMC Section 3-205, the job classifications or pay step identified in Exhibit 16 have been deleted and a pay relationship to calculate retirement benefits for the respective job classifications or pay step are hereby established as incorporated by this reference. Exhibit 16 reflects benchmarked job classifications and pay steps since January 28, 2016. Resolution No. FY 24 Salary Resolution Page 39 SECTION 25. TEMPORARY EMPLOYMENT OF CITY RETIREE Consistent with Fresno Municipal Code Sections 3-345 and 3-557 former employees who are receiving a retirement benefit from the City of Fresno Fire and Police Retirement System or the City of Fresno Employees Retirement System may be employed on a temporary basis not to exceed 2080 hours over the course of two consecutive fiscal years if there is a showing made by the appointing authority that the person possesses special skills or experience necessary to perform the duties of the position. Before commencing such temporary employment, there must be a bona-fide employment separation. For the purposes of this Section, “bona fide employment separation” means: (1) there has been no explicit or implicit understanding or agreement before their retirement, and for at least 90 calendar days after their retirement, between the employee and the City of their future temporary employment with the City, and (2) upon their retirement, the retired employee provides no work for the City, including work as a full-time, part-time, or seasonal employee; an employee through a third-party contract with the City; an independent contractor; or a leased employee, for at least 90 calendar days. SECTION 26. RECRUITMENT AND RETENTION INCENTIVE Effective upon amendment of the Transparency Act to permit recruitment incentives and retention incentives, such incentives may be paid for particular classifications, provided: A. Classifications are designated as hard to fill by the City Manager, the City Attorney, the Retirement Administrator, or the City Clerk, and; B. The City Council concurs with the appointing authority’s designation by majority vote, and; C. The recruitment incentive or the retention incentive does not exceed the equivalent of one month’s salary at the top step, or the top of the range, for the classification, and; D. No employee shall be eligible for both a recruitment incentive and retention incentive in the same fiscal year, whether in the same classification or in different classifications, and; E. An employee, having received a recruitment incentive, must work in the same classification for twelve (12) consecutive months prior to becoming eligible to receive a retention incentive, and; F. The recruitment incentive and retention incentive shall be, lump-sum payments, and shall not be pensionable, and; G. Payment of any recruitment incentive or retention incentive is authorized at the sole discretion of the City Manager, the City Attorney, the City Clerk or the Retirement Administrator provided the above conditions are met. Effective March 14, 2022, current permanent City employees who refer an eligible candidate for Police Officer Recruit, lateral Police Officer, or lateral Emergency Services Dispatcher II or III that is hired by the City as a permanent employee in a respective classification will receive a Referral Incentive of up to a total of one thousand dollars ($1,000) per referral, subject to the terms outlined below: Resolution No. FY 24 Salary Resolution Page 40 A. Police Officer Recruit The Referral Incentive will be paid in two (2) increments of five hundred dollars ($500) up to the total one thousand dollars ($1,000) as follows: 1. Upon the Police Officer Recruit’s hire and commencement of work with the City; and 2. Upon the Police Officer Recruit’s successful completion of the field training program, as determined by Police Administration; B. Police Officer Lateral Hire 1. For an employee to be eligible for the Referral Incentive for referring a lateral Police Officer referral, the candidate referred must, at the time of filing an employment application with the City for a Police Officer position: a. Be currently working for another California law enforcement agency; b. Have two (2) years of experience as a full-time peace officer in California; and c. Possess a current California P.O.S.T. certificate. 2. Employees who refer lateral Police Officer hires with prior full-time Fresno Police Department experience are not eligible for the Referral Incentive unless the lateral Police Officer has a minimum of two years of separation from the Fresno Police Department as a full-time peace officer and has met the requirements of (a) and (c) described above. 3. The Referral Incentive will be paid in four (4) increments of two hundred fifty dollars ($250) up to the total one thousand dollars ($1,000) as follows: a. Upon the lateral Police Officer’s hire and commencement of work with the City; b. Upon the lateral Police Officer’s successful completion of the field training program, as determined by Police Administration; c. Upon the lateral Police Officer’s successful completion of the probationary period; and d. Upon the lateral Police Officer’s successful completion of an additional twelve (12) months of City service following the successful completion of the probationary period. Resolution No. FY 24 Salary Resolution Page 41 C. Emergency Services Dispatcher (ESD) II or III Lateral Hire 1. For an employee to be eligible for the Referral Incentive for referring a lateral ESD II or III, the candidate referred must, at the time of filing an employment application with the City for an ESD II or III position, have been employed for at least two (2) consecutive years during the past three (3) years with a law enforcement agency in a classification equivalent to an Emergency Dispatcher II with the City of Fresno Police Department. 2. Employees who refer lateral ESD II or III hires with prior full-time Fresno Police Department experience are not eligible for the Referral Incentive unless the lateral ESD II or III has a minimum of two (2) years of separation from the Fresno Police Department as a permanent full-time ESD and has met the requirements described above. 3. The Referral Incentive will be paid in four (4) increments of two hundred fifty dollars ($250) up to the total one thousand dollars ($1,000) as follows: a. Upon the lateral ESD’s hire and commencement of work with the City; b. Upon the lateral ESD’s successful completion of the ESD training program, as determined by Police Administration; c. Upon the lateral ESD’s completion of the probationary period; and d. Upon the lateral ESD’s completion of an additional twelve (12) months of City service following the successful completion of the probationary period. D. Only one current permanent City employee may receive the Referral Incentive for each eligible candidate hired by the City as a permanent Police Officer Recruit, lateral Police Officer, or lateral Emergency Services Dispatcher II or III. E. The referring employee must be designated in writing by the candidate at the time the application for employment is submitted to for the referring employee to be eligible for the Referral Incentive. F. Should the referred Police Officer Recruit, lateral Police Officer, or lateral Emergency Services Dispatcher II or III fail to meet any of the metrics outlined above, the referring employee will be ineligible to receive the coinciding incentive(s). G. Employees in the Personnel Services Department, members of the Police Department Recruiting Unit, members of Unit 9 – Police Management, and other employees directly involved in a candidate’s hiring process are not eligible to receive the Referral Incentive. H. The Referral Incentive is not compensable for retirement purposes. Resolution No. FY 24 Salary Resolution Page 42 SECTION 27. UNUSUAL CIRCUMSTANCES In any case where, by reason of unusual circumstances, rigid adherence to the foregoing rules would cause a manifest injustice, the City Manager, on recommendation of the appropriate appointing authority and the Director of Personnel Services, may make such order deviating therefrom, as is in the City Manager’s judgment, proper to mitigate the injustice. SECTION 28. CONFLICTING RESOLUTIONS Resolution No. 2022-152, all amendments thereto, and all other resolutions or parts of resolutions in conflict with this resolution except as such resolutions or parts thereof approve a MOU or T & C, are hereby repealed. SECTION 29. RESOLUTION EFFECTIVE DATE Upon final legislative approval, this Resolution shall become effective July 1, 2023. SEE APPENDIX FOR FOOTNOTES Page 1.1 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. In those cases in which an employee is hired at the journey level, twelve months of satisfactory service is required. 7 This class is in a flexibly-staffed series, which allows an employee to “flex” to the journey level after a required training period. EXHIBIT 1 Unit 1 – Non-Supervisory Blue Collar (Local 39) CLASS TITLE JOB CODE PROB PER A B C D E Airports Building Maintenance Technician 310011 12 3850 4044 4245 4457 4679 Airports Operations Leadworker 310010 12 4498 4722 4959 5207 5467 Airports Operations Specialist 310012 12 4089 4292 4506 4732 4967 Automotive Parts Leadworker 145006 12 4089 4292 4506 4732 4967 Automotive Parts Specialist 145005 12 3715 3901 4095 4301 4515 Aviation Mechanic I 4100394 124 4988 5239 5498 5775 6063 Aviation Mechanic II 4100404 124 5488 5761 6049 6353 6668 Aviation Mechanic Leadworker 410041 12 6036 6337 6654 6986 7336 Body & Fender Repairer 320036 12 4988 5239 5498 5775 6063 Body & Fender Repairer Leadworker 320037 12 5488 5761 6049 6353 6668 Body & Fender Repairer Trainee 3200357 67 4497 4721 4958 5206 5466 Brake & Front End Specialist 710085 12 5488 5761 6049 6353 6668 Bus Air Conditioning Mechanic 320031 12 4988 5239 5498 5775 6063 Bus Air Conditioning Mechanic Leadworker 320032 12 5488 5761 6049 6353 6668 Bus Air Conditioning Mechanic Trainee 3200307 67 4497 4721 4958 5206 5466 Bus Equipment Attendant Leadworker 320040 12 4089 4292 4506 4732 4967 Bus Mechanic I 3200204 124 4497 4721 4958 5206 5546 Bus Mechanic II 3200214 124 4988 5239 5498 5775 6063 Bus Mechanic Leadworker 320022 12 5488 5761 6049 6353 6668 Collection System Maintenance Specialist 630002 12 4548 4775 5014 5264 5527 Collection System Maintenance Technician 630001 12 4135 4341 4559 4785 5025 Combination Welder 710067 12 4988 5239 5498 5775 6063 Combination Welder Leadworker 710066 12 5488 5761 6049 6353 6668 Communications Technician I 710050 12 4471 4696 4929 5175 5434 Communications Technician II 710051 12 4929 5175 5434 5705 5991 SEE APPENDIX FOR FOOTNOTES Page 1.2 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. In those cases, in which an employee is hired at the journey level, twelve months of satisfactory service is required. 7 This class is in a flexibly-staffed series, which allows an employee to “flex” to the journey level after a required training period. EXHIBIT 1 Unit 1 – Non-Supervisory Blue Collar (Local 39) CLASS TITLE JOB CODE PROB PER A B C D E Cross Connection Control Specialist 610040 12 4778 5018 5267 5530 5805 Custodian 810001 12 3053 3205 3366 3533 3709 Electronic Equipment Installer 710060 12 3627 3807 3999 4198 4408 Equipment Service Worker I 710075 12 3715 3901 4095 4301 4515 Equipment Service Worker II 710076 12 4089 4292 4506 4732 4967 Fire Equipment Mechanic I 4200107 67 4497 4721 4958 5206 5466 Fire Equipment Mechanic II 420011 12 4988 5239 5498 5775 6063 Fire Equipment Mechanic Leadworker 420012 12 5488 5761 6049 6353 6668 Graffiti Abatement Technician 710009 12 3666 3849 4044 4245 4457 Heavy Equipment Mechanic I 7101004 124 4497 4721 4958 5206 5466 Heavy Equipment Mechanic II 7101014 124 4988 5239 5498 5775 6063 Heavy Equipment Mechanic Leadworker 710102 12 5488 5761 6049 6353 6668 Heavy Equipment Operator 710025 12 4639 4873 5115 5372 5638 Instrumentation Specialist 620025 12 5253 5517 5793 6082 6385 Instrumentation Technician 620026 12 4778 5018 5267 5530 5805 Irrigation Specialist 510005 12 4035 4237 4448 4670 4902 Laborer 710005 12 3098 3240 3388 3543 3709 Light Equipment Mechanic I 7100954 124 4497 4721 4958 5206 5466 Light Equipment Mechanic II 7100964 124 4988 5239 5498 5775 6063 Light Equipment Mechanic Leadworker 710097 12 5488 5761 6049 6353 6668 Light Equipment Operator 710020 12 4089 4292 4506 4732 4967 Locksmith 810015 12 3739 3926 4121 4327 4543 Maintenance & Construction Worker 710015 12 3715 3901 4095 4301 4515 Maintenance & Operations Assistant 710001 12 3098 3240 3388 3543 3709 SEE APPENDIX FOR FOOTNOTES Page 1.3 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. In those cases, in which an employee is hired at the journey level, twelve months of satisfactory service is required. EXHIBIT 1 Unit 1 – Non-Supervisory Blue Collar (Local 39) CLASS TITLE JOB CODE PROB PER A B C D E Maintenance Carpenter I 810020 12 4115 4320 4536 4762 5000 Maintenance Carpenter II 810021 12 4538 4766 5003 5252 5516 Park Equipment Mechanic I 7101094 124 3715 3901 4095 4301 4515 Park Equipment Mechanic II 710110 12 4089 4292 4506 4732 4967 Park Equipment Mechanic Leadworker 710111 12 4497 4721 4958 5206 5466 Parking Meter Attendant I 7101254 124 3358 3526 3703 3887 4082 Parking Meter Attendant II 7101264 124 3696 3880 4072 4276 4491 Parking Meter Attendant III 710127 12 4064 4266 4479 4704 4937 Parks Maintenance Leadworker 510003 12 4035 4237 4448 4670 4902 Parks Maintenance Worker I 510001 12 3053 3205 3366 3533 3709 Parks Maintenance Worker II 510002 12 3667 3850 4044 4245 4457 Power Generation Operator/Mechanic 620055 12 5536 5811 6103 6406 6727 Property Maintenance Leadworker 810007 12 4123 4328 4545 4773 5011 Property Maintenance Worker 810006 12 3850 4044 4247 4458 4679 Roofer 810010 12 3739 3925 4122 4327 4543 Sanitation Operator 640021 12 4089 4292 4506 4732 4967 Senior Collection System Maintenance Specialist 630004 12 5002 5251 5515 5790 6079 Senior Communications Technician 710052 12 5437 5708 5995 6293 6608 Senior Custodian 810002 12 3358 3526 3703 3887 4082 Senior Heavy Equipment Operator 710026 12 5711 5997 6296 6611 6942 Senior Sanitation Operator 640022 12 4639 4873 5115 5372 5638 Senior Wastewater Mechanical Specialist 620062 12 5032 5284 5547 5826 6115 Senior Wastewater Treatment Plant Operator 620043 12 5844 6138 6444 6766 7104 Senior Water Distribution/Production Operator 610030 12 5844 6138 6444 6766 7104 Senior Water Treatment Plant Operator 610039 12 5965 6263 6576 6905 7249 Solid Waste Safety & Training Specialist 640005 12 4426 4641 4871 5108 5358 SEE APPENDIX FOR FOOTNOTES Page 1.4 1 This is a training class in which incumbents do not achieve permanent status within the classified service, as defined in FMC Section 3-202 (p)(5). 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. In those cases, in which an employee is hired at the journey level, twelve months of satisfactory service is required. 5 This class is in a flexibly-staffed series. The probationary period for employees in these classes shall be up to 18 months, at the discretion of management. An employee in this series must serve a minimum one year probationary period. EXHIBIT 1 Unit 1 – Non-Supervisory Blue Collar (Local 39) CLASS TITLE JOB CODE PROB PER A B C D E Street Maintenance Leadworker 710040 12 4190 4398 4617 4849 5090 Street Sweeper Lead Operator 710036 12 4497 4721 4958 5206 5466 Street Sweeper Operator 710035 12 4089 4292 4506 4732 4967 Tire Maintenance & Repair Technician 710081 12 4089 4292 4506 4732 4967 Tire Maintenance Worker 710080 12 3715 3901 4095 4301 4515 Traffic Maintenance Leadworker 710046 12 4190 4398 4617 4849 5090 Traffic Maintenance Worker I 7100444 124 3454 3627 3807 3999 4198 Traffic Maintenance Worker II 7100454 124 3799 3988 4189 4397 4615 Tree Trimmer Leadworker 510010 12 4157 4364 4583 4813 5054 Utility Leadworker 710010 12 4035 4237 4448 4670 4902 Waste Container Maintenance Worker 640010 12 3358 3526 3703 3887 4082 Wastewater Distributor Technician 620050 12 3759 3946 4144 4350 4567 Wastewater Mechanical Specialist 620061 12 4778 5018 5267 5530 5805 Wastewater Mechanical Technician 620060 12 4345 4562 4788 5028 5279 Wastewater Treatment Plant Operator-In- Training 6200401 - 3759 3946 4144 4350 4567 Wastewater Treatment Plant Specialist 6200425 125 5032 5284 5547 5826 6115 Wastewater Treatment Plant Technician 6200415 125 4778 5018 5267 5530 5805 Water Distribution/Production Specialist 610029 12 4778 5018 5267 5530 5805 Water Distribution/Production Technician 610028 12 4345 4562 4788 5028 5279 Water Maintenance Mechanic Specialist 610032 12 4778 5018 5267 5530 5805 Water System Trainee 6100231 - 3098 3240 3388 3543 3709 Water Treatment Plant Operator 610042 12 4778 5018 5267 5530 5805 Water Treatment Plant Operator-In-Training 6100411 - 3759 3946 4144 4350 4567 Water Maintenance Mechanic Technician 610031 12 4345 4562 4788 5028 5279 Water Quality Specialist 610034 12 4778 5018 5267 5530 5805 Water Quality Technician 610033 12 4345 4562 4788 5028 5279 Welder 710065 12 4497 4721 4958 5206 5466 SEE APPENDIX FOR FOOTNOTES Page 2.1 e Exempt class, see Section 4 EXHIBIT 2 Unit 2 – Non-Represented Management and Confidential Classes CLASS TITLE JOB CODE PROB PER RANGE Minimum Maximum Airport Public Safety Manager 310004e - E7 8706 - 11971 Assistant City Attorney 160008e - E4 11958 - 18878 Assistant City Manager 150135e - E3 15950 - 21931 Assistant Controller 135020e - E5 9588 - 15546 Assistant Director 150160e - E5 9588 - 15546 Assistant Director of Personnel Services 150043e - E5 9588 - 15546 Assistant Director of Public Utilities 620100e - E5 9588 - 15546 Assistant Director of Public Works 210089e - E5 9588 - 15546 Assistant Police Chief 415010e - E5 9588 - 15546 Assistant Retirement Administrator 135040e - E5 9588 - 15546 Background Investigator 410055 - E16 4903 - 6639 Budget Analyst 135006e - E15 5546 - 7565 Budget Manager 135008e - E7 8706 - 11971 Chief Assistant City Attorney 160015e - E3 15950 - 21931 Chief Information Officer 125067e - E4 11958 - 18878 Chief Labor Negotiator 150030e - E6 10270 - 13840 Chief of Staff to Councilmember 150086e - E10 3905 - 10882 Chief of Staff to the Mayor 150123e - E5 9588 - 15546 City Attorney 160009e - E1 18159 - 24968 City Attorney Investigator 160003 - E15 5546 - 7565 City Clerk 150125e - E4 11958 - 18878 City Engineer 210080e - E4 11958 - 18878 City Manager 150130e - E1 18159 - 24968 Community Coordinator 150075e - E11 4188 - 7304 Community Outreach Specialist 150230e - E11 4188 - 7304 Controller 135021e - E4 11958 - 18878 Council Assistant 150085e - E10 3905 - 10882 Deputy City Attorney II 160006e - E8 7725 - 10882 Deputy City Attorney III 160007e - E7 8706 - 11971 SEE APPENDIX FOR FOOTNOTES Page 2.2 † This is one position assigned to the Labor Relations Division in the Personnel Services Department, working on confidential issues related to negotiations with bargaining units. e Exempt class, see Section 4. EXHIBIT 2 Unit 2 – Non-Represented Management and Confidential Classes CLASS TITLE JOB CODE PROB PER RANGE Minimum Maximum Deputy City Manager 150140e - E5 9588 - 15546 Director 150170e - E4 11958 - 18878 Director of Aviation 310045e - E4 11958 - 18878 Director of Development 220020e - E4 11958 - 18878 Director of Personnel Services 150042e - E4 11958 - 18878 Director of Public Utilities 620101e - E4 11958 - 18878 Director of Transportation 310040e - E4 11958 - 18878 Economic Development Coordinator 150090e - E10 3905 - 10882 Economic Development Director 150099e - E4 11958 - 18878 Executive Assistant to Department Director 115003e - E19 4376 - 6477 Executive Assistant to the City Attorney 115004e - E17 4973 - 7449 Executive Assistant to the City Manager 115001e - E17 4973 - 7449 Executive Assistant to the Mayor 115002e - E17 4973 7449 Fire Chief 425007e - E3 15950 - 21931 Governmental Affairs Manager 150240e - E10 3905 - 10882 Human Resources Manager 150025e - E7 8706 - 11971 Independent Reviewer 150220e - E5 9588 - 15546 Internal Auditor 135010e - E15 5546 - 7565 Investment Officer 135014e - E6 10270 - 13840 Management Analyst II 150032e† 12 E15 5546 - 7565 Payroll Accountant 130016e - E20 5990 - 10882 Payroll Manager 135012e - E7 8706 - 11971 Police Chief 415008e - E2 16349 - 23616 SEE APPENDIX FOR FOOTNOTES Page 2.3 EXHIBIT 2 Unit 2 – Non-Represented Management and Confidential Classes CLASS TITLE JOB CODE PROB PER RANGE Minimum Maximum Principal Budget Analyst 135009e - E12 8310 - 11426 Principal Internal Auditor 135011e - E8 7725 - 10882 Principal Labor Relations/Risk Analyst 150018e - E12 8310 - 11426 Project Liaison/Program Administrator 150062e - E13 9092 - 13126 Public Affairs Officer 150118e - E8 7725 - 10882 Public Works Director 210085e - E4 11958 - 18878 Retirement Administrator 135030e - E3 15950 - 21931 Retirement Benefits Manager 135045e - E7 8706 - 11971 Retirement Office Manager 115007e - E17 4973 - 7449 Senior Budget Analyst 135007e - E8 7725 - 10882 Senior City Attorney Investigator 160004e - E8 7725 - 10882 Senior Deputy City Attorney I 160013e - E6 10270 - 13840 Senior Deputy City Attorney II 160014e - E21 9649 - 15225 Senior Deputy City Attorney III 160016e - E22 10131 - 15985 Senior Human Resources/Risk Analyst 150017e - E8 7725 - 10882 Senior Law Clerk 11502210 - E16 4903 - 6639 Supervising Deputy City Attorney 160010e - E5 9588 - 15546 E Exempt class, see Section 4. 10 Persons in this classification are limited to no more than two (2) consecutive years in this class. SEE APPENDIX FOR FOOTNOTES Page 3.1 3 This class is in a flexibly-staffed series which allows an employee to “flex” to the journey level after six months of satisfactory service for a total probationary period of twelve months. In those cases, in which an employee is hired at the journey level, twelve months of satisfactory service is required. 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. In those cases, in which an employee is hired at the journey level, twelve months of satisfactory service is required. EXHIBIT 3 Unit 3 – Non-Supervisory White Collar (FCEA) CLASS TITLE JOB CODE PROB PER A B C D E Account Clerk I 1300013 63 3014 3151 3293 3446 3610 Account Clerk II 1300023 123 3332 3485 3651 3816 3992 Accountant-Auditor I 1300114 124 4875 5099 5335 5594 5856 Accountant-Auditor II 1300124 124 5343 5590 5861 6140 6431 Accounting Technician 130010 12 4022 4211 4409 4612 4831 Administrative Clerk I 1100013 63 2797 2927 3057 3198 3343 Administrative Clerk II 1100023 123 3198 3345 3497 3660 3828 Airports Credentialing Technician 115080 12 3894 4075 4264 4467 4677 Airports Operations Officer I 3100064 124 4879 5119 5365 5634 5915 Airports Operations Officer II 3100094 124 5365 5634 5915 6211 6522 Associate Electrical Safety Consultant I 230022 12 6092 6381 6688 7003 7341 Associate Electrical Safety Consultant II 230023 12 6420 6728 7047 7386 7744 Associate Environmental & Safety Consultant I 230003 12 6092 6381 6688 7003 7341 Associate Environmental & Safety Consultant II 230004 12 6420 6728 7047 7386 7744 Associate Plumbing & Mechanical Consultant I 230012 12 6092 6381 6688 7003 7341 Associate Plumbing & Mechanical Consultant II 230013 12 6420 6728 7047 7386 7744 Billing System Specialist 125075 12 4429 4638 4857 5076 5313 Budget Technician 135005 12 4023 4208 4406 4613 4831 Building Inspector I 2300074 124 5569 5833 6109 6404 6706 Building Inspector II 2300084 124 6092 6381 6688 7003 7341 Building Inspector III 230009 12 6420 6728 7047 7386 7744 SEE APPENDIX FOR FOOTNOTES Page 3.2 3 This class is in a flexibly-staffed series which allows an employee to “flex” to the journey level after six months of satisfactory service for a total probationary period of twelve months. In those cases, in which an employee is hired at the journey level, twelve months of satisfactory service is required. 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. In those cases, in which an employee is hired at the journey level, twelve months of satisfactory service is required. 5 This class is in a flexibly-staffed series. The probationary period for employees in these classes shall be up to 18 months, at the discretion of management. An employee in this series must serve a minimum one year probationary period. EXHIBIT 3 Unit 3 – Non-Supervisory White Collar (FCEA) CLASS TITLE JOB CODE PROB PER A B C D E Call Center Representative I 1150703 63 3343 3498 3670 3829 4006 Call Center Representative II 1150713 123 3664 3829 4006 4195 4391 Central Printing Clerk 120005 12 3182 3328 3479 3643 3810 Chemist 620020 12 5305 5562 5824 6103 6394 City Records Specialist 115025 12 4009 4195 4391 4597 4816 Commercial Building Inspector 230015 12 6092 6381 6688 7003 7341 Community Recreation Assistant 520010 12 3888 4062 4230 4401 4593 Community Revitalization Specialist 230053 12 5435 5696 5969 6295 6557 Community Revitalization Technician 230059 12 3781 3957 4141 4337 4541 Community Services Officer I 4100254 124 3616 3781 3956 4139 4332 Community Services Officer II 4100264 124 3956 4139 4332 4537 4751 Computer Systems Specialist I 1250104 124 5636 5897 6178 6475 6781 Computer Systems Specialist II 1250114 124 6178 6471 6779 7102 7447 Computer Systems Specialist III 125012 12 6781 7106 7449 7805 8184 Construction Compliance Specialist 150055 12 4659 4872 5105 5348 5598 Crime Scene Technician I 4100104 124 4460 4668 4889 5121 5364 Crime Scene Technician II 4100114 124 4889 5121 5364 5618 5889 Crime Specialist 410008 12 5593 5857 6138 6431 6743 Customer Services Clerk I 1150603 63 3346 3497 3656 3827 4006 Customer Services Clerk II 1150613 123 3665 3836 4016 4198 4391 Cybersecurity Analyst 125090 12 6781 7106 7449 7805 8184 Deputy City Clerk 1150284 124 3605 3772 3946 4131 4320 Development Services Coordinator 230057 12 5590 5897 6184 6479 6790 Digital Forensics Analyst 410050 12 7398 7770 8157 8565 8993 Emergency Services Call Taker 410000 12 5000 5227 5420 5668 5907 Emergency Services Dispatcher I 4100015 125 5000 5227 5420 5668 5907 Emergency Services Dispatcher II 4100025 125 5405 5662 5931 6210 6496 Emergency Services Dispatcher III 410003 12 5948 6220 6521 6800 7145 SEE APPENDIX FOR FOOTNOTES Page 3.3 3 This class is in a flexibly-staffed series which allows an employee to “flex” to the journey level after six months of satisfactory service for a total probationary period of twelve months. In those cases, in which an employee is hired at the journey level, twelve months of satisfactory service is required. 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. In those cases, in which an employee is hired at the journey level, twelve months of satisfactory service is required. 5 This class is in a flexibly-staffed series. The probationary period for employees in these classes shall be up to 18 months, at the discretion of management. An employee in this series must serve a minimum one year probationary period. EXHIBIT 3 Unit 3 – Non-Supervisory White Collar (FCEA) CLASS TITLE JOB CODE PROB PER A B C D E Engineer I 2100154 124 7081 7435 7806 8196 8606 Engineer II 2100164 124 7991 8392 8811 9251 9713 Engineering Aide I 2100013 63 3488 3643 3809 3987 4177 Engineering Aide II 2100023 123 4136 4331 4526 4736 4967 Engineering Inspector I 2300754 124 5447 5724 5982 6264 6568 Engineering Inspector II 2300764 124 5958 6239 6540 6852 7182 Engineering Technician I 2100054 124 4098 4289 4496 4696 4918 Engineering Technician II 2100064 124 4866 5104 5339 5587 5855 Environmental Control Officer 620001 12 5233 5484 5737 6010 6293 Facilities Construction Specialist 230085 12 5348 5596 5863 6142 6438 Fire Prevention Inspector I 4200015 125 4726 4948 5173 5427 5685 Fire Prevention Inspector II 4200025 125 5448 5696 5969 6262 6557 Fleet Operations Specialist 710105 12 4998 5230 5483 5741 6017 Geographic Information System (GIS) Specialist 125025 12 6781 7106 7449 7805 8184 Geographic Information System (GIS) Technician I 1250264 124 5632 5894 6173 6470 6776 Geographic Information System (GIS) Technician II 1250274 124 6178 6469 6779 7102 7447 Graphics Technician 120013 12 4397 4609 4832 5068 5315 Helicopter Pilot 410033 12 6666 6991 7333 7693 8072 Housing Rehabilitation Specialist 230056 12 5417 5681 5962 6254 6557 Industrial/Commercial Water Conservation Representative 610015 12 5242 5492 5747 6021 6305 Interpreter/Translator 150232 12 5604 5912 6199 6495 6806 Laboratory Assistant 620010 12 3659 3833 4010 4197 4391 Laboratory Technician I 6200114 124 4399 4605 4821 5046 5282 Laboratory Technician II 6200124 124 4831 5056 5295 5548 5812 Landscape Water Conservation Specialist 610005 12 5227 5476 5737 6008 6293 SEE APPENDIX FOR FOOTNOTES Page 3.4 3 This class is in a flexibly-staffed series which allows an employee to “flex” to the journey level after six months of satisfactory service for a total probationary period of twelve months. In those cases, in which an employee is hired at the journey level, twelve months of satisfactory service is required. 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. In those cases, in which an employee is hired at the journey level, twelve months of satisfactory service is required. EXHIBIT 3 Unit 3 – Non-Supervisory White Collar (FCEA) CLASS TITLE JOB CODE PROB PER A B C D E Law Office Assistant 115021 12 4394 4609 4833 5068 5313 Network Systems Specialist 125030 12 6781 7106 7449 7805 8184 PAR Program Specialist 410023 12 3781 3957 4141 4337 4541 Paratransit Specialist 320005 12 4027 4217 4416 4615 4831 Park Ranger I 4100604 124 3616 3781 3956 4139 4332 Park Ranger II 4100614 124 3956 4139 4332 4537 4751 Parking Enforcement Officer I 7101204 124 3141 3270 3405 3539 3689 Parking Enforcement Officer II 7101214 124 3414 3559 3706 3856 4029 Parking Enforcement Officer III 710122 12 3706 3856 4029 4194 4374 Phlebotomist 410007 12 3659 3833 4010 4197 4391 Planner I 2200053 63 5049 5276 5529 5795 6073 Planner II 2200063 123 5688 6001 6293 6592 6909 Plans and Permit Technician 220002 12 5325 5574 5827 6113 6404 Plans Examiner 210041 12 5843 6106 6400 6713 7029 Police Data Transcriptionist 115035 12 4273 4470 4678 4895 5125 Police Support Services Clerk 115043 12 3547 3711 3882 4062 4250 Police Support Services Technician 115044 12 3894 4075 4264 4467 4677 Principal Account Clerk 130004 12 4022 4211 4409 4612 4831 Procurement Specialist 140002 12 5051 5293 5542 5806 6083 Program Compliance Officer 640026 12 4319 4532 4753 4984 5227 Programmer/Analyst I 1250204 124 5639 5902 6182 6480 6785 Programmer/Analyst II 1250214 124 6178 6471 6779 7102 7447 Programmer/Analyst III 125022 12 6781 7106 7449 7805 8184 Programmer/Analyst IV 125023 12 7448 7810 8189 8578 8992 Property & Evidence Technician 145010 12 4344 4548 4761 4986 5221 Property Specialist I 1750014 124 5221 5473 5732 6001 6292 Property Specialist II 1750024 124 6050 6338 6644 6959 7296 Radio Dispatcher 120015 12 3711 3878 4040 4218 4391 Rangemaster/Armorer 410035 12 5122 5365 5619 5890 6169 SEE APPENDIX FOR FOOTNOTES Page 3.5 EXHIBIT 3 Unit 3 – Non-Supervisory White Collar (FCEA) CLASS TITLE JOB CODE PROB PER A B C D E Real Estate Finance Specialist I 1700014 124 4233 4431 4632 4854 5083 Real Estate Finance Specialist II 1700024 124 5041 5279 5531 5792 6066 Recreation Specialist 520005 12 4210 4404 4611 4828 5054 Retirement Counselor I 1350504 124 4021 4210 4408 4614 4831 Retirement Counselor II 1350514 124 4420 4626 4844 5073 5313 Safety and Training Specialist 150050 12 4720 4949 5193 5446 5713 Secretary 110050 12 3828 4006 4193 4386 4594 Senior Account Clerk 130003 12 3664 3830 4006 4195 4392 Senior Administrative Clerk 110003 12 3497 3660 3828 4006 4193 Senior Call Center Representative 115072 12 4218 4421 4634 4859 5095 Senior Commercial Building Inspector 230016 12 6420 6728 7047 7386 7744 Senior Community Revitalization Specialist 230054 12 6092 6378 6675 6998 7337 Senior Community Services Officer 410027 12 4304 4506 4717 4935 5170 Senior Crime Scene Technician 410012 12 5122 5365 5619 5890 6169 Senior Customer Services Clerk 115062 12 4188 4376 4579 4794 5019 Senior Cybersecurity Analyst 125091 12 7446 7808 8186 8576 8990 Senior Deputy City Clerk 1150294 124 4022 4207 4406 4612 4831 Senior Engineering Technician 210007 12 5489 5749 6019 6308 6599 Senior Fire Prevention Inspector 420003 12 6092 6378 6675 6998 7337 Senior Laboratory Technician 620013 12 5385 5643 5912 6193 6488 Senior Network Systems Specialist 125031 12 7446 7808 8186 8576 8990 Senior Park Ranger 410062 12 4304 4506 4717 4935 5170 Senior Plans Examiner 210042 12 6417 6717 7030 7371 7730 Senior Procurement Specialist 140003 12 5542 5806 6083 6374 6676 Senior Property & Evidence Technician 145011 12 4761 4986 5221 5465 5726 Senior Records Clerk 110101 12 3664 3833 4011 4198 4391 Senior Secretary 110051 12 4022 4207 4406 4612 4831 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. In those cases, in which an employee is hired at the journey level, twelve months of satisfactory service is required. SEE APPENDIX FOR FOOTNOTES Page 3.6 EXHIBIT 3 Unit 3 – Non-Supervisory White Collar (FCEA) CLASS TITLE JOB CODE PROB PER A B C D E Senior Storeskeeper 145002 12 4344 4548 4761 4986 5221 Senior Utility Service Representative 230092 12 4418 4625 4844 5071 5313 Senior Water Systems Telemetry & Distributed Control Specialist 610022 12 7446 7808 8186 8576 8990 Staff Assistant 150001 12 4028 4217 4417 4616 4832 Storeskeeper 145001 12 3992 4179 4372 4577 4792 Survey Party Technician 210030 12 4866 5104 5339 5587 5855 Tax/Permit Inspector 135001 12 4726 4949 5175 5430 5686 Traffic Signal Operations Specialist 710150 12 6773 7096 7439 7793 8174 Transit Scheduler 320049 12 6773 7096 7439 7793 8174 Tree Program Specialist 510015 12 4997 5232 5485 5745 6017 Utility Service Representative I 2300904 124 3663 3832 4009 4197 4391 Utility Service Representative II 2300914 124 4021 4210 4406 4613 4830 Wastewater Reclamation Coordinator 620035 12 5221 5473 5732 6001 6292 Water Conservation Representative 610001 12 3780 3957 4141 4335 4540 Water Systems Telemetry & Distributed Control Specialist 610021 12 6165 6457 6766 7089 7430 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to the journey level. Employees in classes that require one year of service for flexing will not serve an additional probationary period at the journey level. In those cases, in which an employee is hired at the journey level, twelve months of satisfactory service is required. SEE APPENDIX FOR FOOTNOTES Page 4.1 EXHIBIT 4 Unit 4 - Non-Management Police (FPOA) CLASS TITLE JOB CODE PROB PER A B C D E F G H I Police Officer 4150026 126 – – 6953 7301 7667 8052 8455 8878 9322 Police Officer Recruit 415001 12 6308 6622 – – – – – – – Police Sergeant 415004 12 7600 7981 8381 8800 9242 9704 10189 10699 11234 6 A person promoting from Police Officer Recruit to Police Officer after one year of service must serve a probationary period of six months in the Police Officer class. A person who is hired as a Police Officer – Lateral (from another agency) must serve a probationary period of one year in the Police Officer class SEE APPENDIX FOR FOOTNOTES Page 5.1 EXHIBIT 5 Unit 5 – Fire Non-Management (IAFF) CLASS TITLE JOB CODE PROB PER A B C D E F G H Fire Captain 425004 12 7487 7861 8254 8668 9103 9559 10037 10539 Fire Investigation Unit Supervisor 425010 12 7487 7861 8254 8668 9103 9559 10037 10539 Firefighter 425002 12 5990 6288 6604 6933 7302 7648 8031 8433 Firefighter Specialist 425003 12 6708 7043 7398 7764 8153 8561 8989 9439 Firefighter Trainee 425001 --- 5390 EXHIBIT 5 Unit 5 – Fire Non-Management (IAFF), effective September 25, 2023 CLASS TITLE JOB CODE PROB PER A B C D E F G H I Fire Captain 425004 12 7487 7861 8254 8668 9103 9559 10037 10539 11066 Fire Investigation Unit Supervisor 425010 12 7487 7861 8254 8668 9103 9559 10037 10539 11066 Firefighter 425002 12 5990 6288 6604 6933 7302 7648 8031 8433 8855 Firefighter Specialist 425003 12 6708 7043 7398 7764 8153 8561 8989 9439 9911 Firefighter Trainee 425001 --- 5390 SEE APPENDIX FOR FOOTNOTES Page 6.1 EXHIBIT 6 Unit 6 – Bus Drivers and Student Drivers (ATU) CLASS TITLE JOB CODE PROB PER A B C D E Longevity Bus Driver 320015 9 25.880769 27.184615 28.534615 29.959615 31.459615 33.034615 Bus Driver 320015 9 4486 4712 4946 5193 5453 5726 Student Driver 3200141 - 23.526923 Student Driver 3200141 - 4078 1 This is a training class in which incumbents do not achieve permanent status within the classified service, as defined in FMC Section 3-202 (p)(5). EXHIBIT 6 Unit 6 – Bus Drivers and Student Drivers (ATU), effective June 17 2024 CLASS TITLE JOB CODE PROB PER A B C D E Longevity Bus Driver 320015 9 26.659615 28.003846 29.394231 30.859615 32.405769 34.026923 Bus Driver 320015 9 4621 4854 5095 5349 5617 5898 Student Driver 3200141 - 24.236538 Student Driver 3200141 - 4201 1 This is a training class in which incumbents do not achieve permanent status within the classified service, as defined in FMC Section 3-202 (p)(5). SEE APPENDIX FOR FOOTNOTES Page 7.1 EXHIBIT 7 Unit 7 – Non-Supervisory Groups and Crafts (IBEW) CLASS TITLE JOB CODE PROB PER RANGE SALARY Air Conditioning Mechanic 730001 12 Flat Rate 7276 Airports Electrician 730011 12 Flat Rate 6582 Concrete Finisher 730005 12 Flat Rate 6347 Electrician 730010 12 Flat Rate 6582 Industrial Electrician 730012 12 Flat Rate 7276 Painter 730015 12 Flat Rate 5783 Plumber 730030 12 Flat Rate 6582 SEE APPENDIX FOR FOOTNOTES Page 8.1 EXHIBIT 8 Unit 8 – Non-Represented CLASS TITLE JOB CODE PROB PER A B C D E F G Airport Public Safety Officer‡ 310002 12 5750 6034 6321 6634 6961 7310 7676 Airport Public Safety Supervisor12‡ 310003 12 7673 8056 8460 8882 9327 9794 10284 Airport Public Safety Supervisor13‡ 310005 12 6708 7042 7395 7764 8150 8558 8986 ‡To be calculated as if working 40 hours per week. 12Hired before July 1, 2010 13Hired on or after July 1, 2010 CLASS TITLE JOB CODE PROB PER RANGE SALARY Cashier Clerk 910010 - Hourly $15.50 – $19.50 Per Hour Law Clerk 910015 - Hourly $20.00 - $25.00 Per Hour Law Enforcement Instructor 940020 - Hourly $18.00 - $25.00 Per Hour Lifeguard 950001 - Hourly $15.50 - $19.50 Per Hour Police Cadet I 9400059 48 mos. Hourly $15.50 - $20.50 Per Hour Police Cadet II 9400069 48 mos. Hourly $18.00- $25.00 Per Hour Pool Supervisor 950015 - Hourly $18.00 - $25.00 Per Hour Senior Lifeguard 950002 - Hourly $16.00 - $20.50 Per Hour Services Aide 910005 - Hourly $15.50 - $19.50 Per Hour Sports Official 950010 - $15.50 - $50.00 Per Game Intern 910002 - Hourly $15.50 - $19.50 Per Hour Youth Jobs Corps Program Ambassador 910031 - Hourly $15.50 - $19.50 Per Hour Youth Jobs Corps Program Participant 910032 - Hourly $15.50 - $19.50 Per Hour Youth Jobs Corps Program Mentor 910033 - Hourly $16.00 - $20.50 Per Hour SEE APPENDIX FOR FOOTNOTES Page 9.1 EXHIBIT 9 Unit 9 – Police Management CLASS TITLE JOB CODE PROB PER A B C D E F G H I Deputy Police Chief 415007e11 - 13597 - 17674 - - - - - Police Captain 415006e 12 10825 11366 11934 12530 13160 13818 14509 15234 15996 Police Lieutenant 415005e 12 9401 9871 10366 10883 11428 12000 12600 13231 13893 e Exempt class, see Section 4. 11 E9 Executive Pay Range SEE APPENDIX FOR FOOTNOTES Page 10.1 EXHIBIT 10 Unit 10 – Fire Management CLASS TITLE JOB CODE PROB PER A B C D E F G H Fire Battalion Chief 425005e 12 9563 10043 10544 11068 11623 12203 12814 13454 Fire Deputy Chief 425006e - 12124 12730 13368 14037 14739 15478 16254 17067 e Exempt class, see Section 4. EXHIBIT 10 Unit 10 – Fire Management, effective September 25, 2023 CLASS TITLE JOB CODE PROB PER A B C D E F G H I Fire Battalion Chief 425005e 12 9563 10043 10544 11068 11623 12203 12814 13454 14127 Fire Deputy Chief 425006e - 12124 12730 13368 14037 14739 15478 16254 17067 17921 e Exempt class, see Section 4. SEE APPENDIX FOR FOOTNOTES Page 12.1 EXHIBIT 12 Unit 12 – Board and Commission Members CLASS TITLE JOB CODE RANGE SALARY Civil Service Board Member 156015 Stipend $25 Per Meeting Attended Housing and Community Development Commissioner 156005 Stipend $25 Per Meeting Attended, not to exceed 24 meetings per fiscal year Human Relations Commissioner 156025 Stipend $25 Per Meeting Attended, not to exceed 24 meetings per fiscal year Planning Commissioner 156001 Stipend $100 Per Meeting Attended, not to exceed 36 meetings per fiscal year Retirement Board Member8 156030 Stipend $100 Per Meeting Attended, not to exceed $300 per month 8 Not applicable for current City employees. SEE APPENDIX FOR FOOTNOTES Page 13-1.1 e Exempt class, see Section 4. EXHIBIT 13-1 Unit 13 – Exempt Supervisory and Professional (CFPEA) CLASS TITLE JOB CODE PROB PER A B C D E Acoustical Program Coordinator 310100e 12 6444 6761 7089 7440 7803 Airports Airside/Landside Superintendent 310018e 12 7088 7435 7802 8183 8585 Airports Credentialing Supervisor 115081e 12 5693 5972 6268 6569 6894 Airports Projects Supervisor 310016e 12 7449 7814 8198 8601 9026 Airports Property Supervisor 175005e 12 6450 6765 7093 7444 7803 Architect 210045e 12 9001 9446 9910 10406 10925 Assistant Law Office Manager 115019e 12 7365 7720 8102 8494 8911 Business Process & Systems Analyst 125044e 12 7364 7720 8100 8496 8911 Call Center Supervisor 115073e 12 5941 6230 6531 6845 7179 Capital Development Specialist 310007e 12 7085 7437 7801 8185 8586 Central Print Supervisor 120007e 12 5324 5586 5857 6144 6442 Chief Engineering Inspector 230078e 12 7273 7628 8004 8398 8809 Chief Engineering Technician 210009e 12 8178 8578 9001 9446 9910 Chief of Facilities Maintenance 810037e 12 7129 7480 7847 8232 8638 Chief of Wastewater Environmental Services 620075e 12 6822 7158 7509 7877 8263 Chief of Wastewater Facilities Maintenance 620085e 12 7129 7480 7847 8232 8638 Chief of Wastewater Treatment Operations 620080e 12 7207 7567 7939 8328 8737 Chief of Water Operations 610070e 12 7327 7684 8065 8462 8876 Chief Police Pilot 410031e 12 8053 8448 8867 9303 9765 Chief Surveyor 210032e 12 9861 10349 10859 11396 11966 Community Services and Recreation Supervisor* 520016e 12 6462 6778 7112 7464 7823 Contract Compliance Officer 150061e 12 6450 6765 7093 7444 7803 Custodial Supervisor 810025e 12 6450 6765 7093 7444 7803 Database Administrator 125045e 12 7364 7720 8100 8496 8911 DBE/Small Business Program Coordinator 150070e 12 6460 6773 7104 7453 7821 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-992 Agenda Date:6/22/2023 Agenda #:B. REPORT TO THE CITY COUNCIL FROM:HENRY FIERRO, Budget Director Budget and Management Studies Department SUBJECT ***RESOLUTION - Adopt the FY 2024 Position Authorization Resolution. (Subject to Mayor’s veto) City of Fresno Printed on 6/29/2023Page 1 of 1 powered by Legistar™ 6/22/2023 TM/AP 7-0 R. 2023-184 REPORT TO THE CITY COUNCIL FROM: HENRY FIERRO, Budget Director Budget and Management Studies Department SUBJECT ..Title ***RESOLUTION - Adopt the FY 2024 Position Authorization Resolution. (Subject to Mayor’s veto) ..Body RECOMMENDATION It is recommended that Council adopt the Position Authorization Resolution (PAR) for FY 2024 thereby authorizing the number of permanent full-time, permanent part-time and permanent intermittent positions as approved in the FY 2024 budget. EXECUTIVE SUMMARY This Resolution will add one hundred thirty-one (131) permanent positions in a number of departments in an effort to improve public safety and service delivery throughout the City of Fresno. BACKGROUND Attached is the FY 2024 Position Authorization Resolution (PAR), which legally establishes the number of permanent full-time, permanent part-time and permanent intermittent positions in which persons may be employed within the various departments and funds of the City. The FY 2024 PAR incorporates FY 2023 PAR amendments that have occurred since approval of the Mayor’s FY 2023 Adopted Budget. ENVIRONMENTAL FINDINGS N/A LOCAL PREFERENCE N/A FISCAL IMPACT N/A Attachment: PAR Resolution PAR Parts V and VI Annual Position Authorization Resolution FY 2024 Number of Months Positions Authorized Authorized MAYOR AND CITY MANAGER'S OFFICE Section 1.1 Full Year 29 July-Aug 4 25 COUNCIL DISTRICT 1 OFFICE Section 2.1 Council District 1 Office Division Full Year 6 COUNCIL DISTRICT 2 OFFICE Section 3.1 Council District 2 Office Division Full Year 6 COUNCIL DISTRICT 3 OFFICE Section 4.1 Council District 3 Office Division Full Year 6 COUNCIL DISTRICT 4 OFFICE Section 5.1 Council District 4 Office Division Full Year 6 COUNCIL DISTRICT 5 OFFICE Section 6.1 Council District 5 Office Division Full Year 6 COUNCIL DISTRICT 6 OFFICE Section 7.1 Council District 6 Office Division Full Year 6 COUNCIL DISTRICT 7 OFFICE Section 8.1 Council District 7 Office Division Full Year 7 CITY COUNCIL OPERATING Section 9.1 Council City Support Division Full Year 3 AIRPORTS DEPARTMENT Section 10.1 FYl Division; and, Airports Projects Administration Division Full Year 127 Oct-June 1 128 10.2 Chandler Downtown Airport Division Full Year 4 BUDGET AND MANAGEMENT STUDIES DEPARTMENT Section 11.1 Budget and Management Studies Division Full Year 10 CITY ATTORNEY'S OFFICE Section 12.1 Legal Proceedings Section Full Year 56 Oct-June 10 66 12.2 Code Section Full Year 102 Oct-June 9 111 CITY CLERK'S OFFICE Section 13.1 City Clerk's Office Division Full Year 10 13.2 Graphic Reproduction Services Full Year 3 Part V THAT the following permanent positions are authorized in the various departments and offices, as listed by section, as follows: Department Office of the Mayor Division; City Manager Division; Office of Independent Review; and, Office of Community Affairs Page 1 of 3 Annual Position Authorization Resolution FY 2024 Number of Months Positions Authorized Authorized ECONOMIC DEVELOPMENT DEPARTMENT Section 14.1 Economic Development Division Full Year 8 FINANCE DEPARTMENT Section 15.1 Financial Services Division Full Year 54 15.2 Utility Billing and Collection Division Full Year 63 FIRE DEPARTMENT Section 16.1 Full Year 428 GENERAL CITY PURPOSE DEPARTMENT Section 17.1 Retirement Accounting Full Year 19 17.2 Animal Control Division Full Year 2 GENERAL SERVICES DEPARTMENT Section Full Year 136 18.2 Purchasing Division Full Year 10 INFORMATION SERVICES DEPARTMENT Section Full Year 106 Oct-June 1 107 19.2 System Applications Division Full Year 24 PARKS, AFTER SCHOOL, RECREATION, AND COMMUNITY SERVICES DEPARTMENT Section 20.1 Full Year 150 Oct-June 12 162 PERSONNEL SERVICES DEPARTMENT Section Full Year 44 Oct-June 3 47 21.2 Risk Management Division Full Year 14 PLANNING AND DEVELOPMENT DEPARTMENT Section Full Year 160 Oct-June 1 161 22.2 Parking Services Division Full Year 28 22.3 Grants Division Full Year 15 GSD Administration Division; Fleet Management Division; Facilities Management Division; and, Fleet Equipment Acquisition Division Development Administration Division; Building & Safety Services Division; Planning Division; Housing & Community Development Division; and, Local Business Initiative 19.1 Information Services Administration Division; Computer Services Division; Cyber Security Division; Communication Services Division; and, Geographic Information System Division 18.1 HR Administration Division; Training Division; Human Resources Division; Labor Relations Division; Loss Control Division; Workers Compensation Division; and, HR Class and Comp Parks & Recreation Administration Division; Recreation Division; Parks Division; Community Services Division; Capital Division; and, Office of Neighborhood Safety & Community Engagement 21.1 22.1 Department Fire Administration Division; Fire Suppression and Emergency Response; Fire Prevention and Investigation Division; Fire Training Division; and, Fire Support Services Divisions Page 2 of 3 Annual Position Authorization Resolution FY 2024 Number of Months Positions Authorized Authorized POLICE DEPARTMENT Section Full Year 1,292 Oct-June 2 Jan-June 8 1,302 DEPARTMENT OF PUBLIC UTILITIES Section 24.1 Public Utilities Administration Division Full Year 52 24.2 Water Division Full Year 194 24.3 Solid Waste Management Division Full Year 194 Oct-June 8 202 24.4 Wastewater Management Division Full Year 172 Oct-June 3 175 PUBLIC WORKS DEPARTMENT Section Full Year 415 Oct-June 51 466 TRANSPORTATION DEPARTMENT Section Full Year 488 Number of Months Positions Full-Time Authorized Authorized Equivalent MAYOR AND CITY MANAGER'S OFFICE Section 1.1 Sept-June 5 4.00 AIRPORTS DEPARTMENT Section 10.1 FYl Division; and, Airports Projects Administration Division Full Year 14 8.40 CITY CLERK'S OFFICE Section 13.1 City Clerk's Office Division Full Year 3 2.40 PERSONNEL SERVICES DEPARTMENT Section Full Year 3 1.80 PLANNING AND DEVELOPMENT DEPARTMENT Section 22.2 Parking Services Division Full Year 3 2.40 DEPARTMENT OF PUBLIC UTILITIES Section 24.1 Public Utilities Administration Division Full Year 1 0.80 TRANSPORTATION DEPARTMENT Section Full Year 25 20.00FAX Operating Division; Transportation Maintenance Division; Transportation Administration Division; Transportation Planning Division; and, Support Services Division Part VI THAT the following permanent part-time and permanent intermittent positions and their full-time equivalencies are authorized in the various departments and offices, as listed by section, as follows: 21.1 HR Administration Division; Training Division; Human Resources Division; Labor Relations Division; Loss Control Division; Workers Compensation Division; and, HR Class and Comp 26.1 Department Department FAX Operating Division; Transportation Maintenance Division; Transportation Administration Division; Transportation Planning Division; and, Support Services Division 26.1 23.1 25.1 Office of the Chief Division; Administrative Services Division; Patrol Services Division; Support & Special Services Division; Crime Scene Investigations; Federal Grants; and, Police Training Division Administration Division; Engineering Services Division; Capital Management Division; Traffic Operations & Planning Division; Sustainable Fresno Division; Graffiti Abatement; Street Maintenance Division; Landscape Maintenance; Fulton Street Maintenance; and, Traffic Signal and Streetlights Division Office of the Mayor Division; City Manager Division; Office of Independent Review; and, Office of Community Affairs Page 3 of 3 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-994 Agenda Date:6/22/2023 Agenda #:C. REPORT TO THE CITY COUNCIL FROM:HENRY FIERRO, Budget Director Budget and Management Studies Department SUBJECT ***RESOLUTION - Adopt the FY 2024 Annual Appropriation Resolution. (Subject to Mayor’s veto) City of Fresno Printed on 6/29/2023Page 1 of 1 powered by Legistar™ 6/22/2023 TM/AP 7-0 R. 2023-185 REPORT TO THE CITY COUNCIL FROM: HENRY FIERRO, Budget Director Budget and Management Studies Department SUBJECT ..Title ***RESOLUTION - Adopt the FY 2024 Annual Appropriation Resolution. (Subject to Mayor’s veto) ..Body RECOMMENDATION It is recommended that Council adopt the Annual Appropriation Resolution (AAR) for FY 2024 thereby establishing the FY 2024 Budget. EXECUTIVE SUMMARY The FY 2024 Annual Appropriation Resolution (AAR) represents a balanced budget as mandated by the City Charter. This Resolution includes the Mayor’s Proposed Budget as well as all motions approved by Council during the public hearings. BACKGROUND On May 18, 2023, the Mayor presented each Councilmember with a copy of the Mayor’s FY 2024 Proposed Budget for the City of Fresno. The public hearings on the budget began on June 5, 2023, and continued through June 22, 2023. The documents presented are based on the Mayor’s Proposed Budget and have been updated to reflect the approval of budget motions by the City Council up through June 22, 2023. The Mayor may approve or veto all or any portion of the budget or request reconsideration from the City Council. If any portion of the budget is vetoed by the Mayor, it will be brought back to the City Council for override consideration. ENVIRONMENTAL FINDINGS This item is not a project for the purpose of the California Environmental Quality Act. LOCAL PREFERENCE N/A FISCAL IMPACT By approving the Annual Appropriations Resolution, the City Council is adopting the FY 2023-2024 City of Fresno Budget. Attachments: AAR Resolution AAR Exhibit A DEPARTMENT FUND ADOPTED TOTAL City Council Department General Fund 5,817,000 Total All Funds 5,817,000 Office of the Mayor and City Manager General Fund 5,863,000 Total All Funds 5,863,000 General City Purpose Department General Fund (20,608,600) Community Benefit Fund 538,100 Fresno Metropolitan Museum 476,500 WTRSMT GRNT SCHL IRR PLMB UPGD 300,000 American Rescue Plan Act-ARPA 275,000 Cable PEG-Nonprofit Media JPA 750,000 Economic Incentives 3,014,600 Retirement ISF 2,797,800 Employee Termination Payout 3,900,000 City Debt 16,194,800 JPFA Debt 8,381,600 Total All Funds 16,019,800 City Clerk's Office General Fund 1,547,300 Central Printing 1,079,700 Total All Funds 2,627,000 City Attorney's Department General Fund 26,458,300 EmergencyRentalAssistanceGrant 1,570,000 American Rescue Plan Act-ARPA 1,174,800 Misc State Grants- Code Enforc 108,000 Total All Funds 29,311,100 Police Department General Fund 244,854,600 Contract Law Enforcement Svcs 4,561,800 Sup Law Enforce Svc Fund-SLES 1,200,400 BSCC State Law Enforcement 283,800 Homeland Security 129,800 Justice Assistant Grant 413,400 American Rescue Plan Act-ARPA 654,500 Misc Federal Grants - Police 2,626,500 Misc State Grants - Police 2,256,400 Forfeitures Fund 250,000 P.O.S.T.1,000,700 Patrol Support Fund 2,262,500 2008 PD Revenue Bonds-Phase I 30,000 UGM Police Citywide Facil Fees 169,800 PS Impact Fee Bond Debt Svc 1,211,200 Total All Funds 261,905,400 Fire Department General Fund 85,609,400 Homeland Security Grant-Fire 251,800 Airport Public Safety - Fire 1,608,300 DHS Grant Program - Fire 6,300 American Rescue Plan Act-ARPA 4,778,700 SAFER 7,326,100 Misc State Grants - Fire 100 EXHIBIT A ANNUAL APPROPRIATION RESOLUTION FY 2024 BUDGETED AMOUNTS K:\USERS\DOCS\FY\FY24 Enabling Docs\FY 2024 AAR\230621 Exhibit A_Annual Appropriation Resolution_Final 1 of 7 DEPARTMENT FUND ADOPTED TOTAL EXHIBIT A ANNUAL APPROPRIATION RESOLUTION FY 2024 BUDGETED AMOUNTS Fire Department OES Grant 889,000 Fire Training - SCCCD 124,300 Fire Station #12 Construction 3,000,000 Fire Regional Trng Cntr Constr 22,060,300 UGM Fire Station 10 Relocation 272,500 PS Impact Fee Bond Debt Svc 1,685,500 Total All Funds 127,612,300 PARCS Department General Fund 28,601,600 Comm Dev Block Grant Revenue 2,510,700 American Rescue Plan Act-ARPA 14,636,300 Misc Federal Grants - Parks 128,800 Misc State Grants - Parks 1,294,400 Prop 68 Grant - PARCS 13,337,200 Parks Special Revenue Fund 1,062,200 PARCS Contracted Services 1,281,700 Meas P Existing Park Cap-O&M 38,451,000 Meas P New Parks & Facilities 20,417,900 Meas P Youth Sr Prog-Job Trn 4,766,500 Meas P Arts and Culture 180,000 MeasP ATP-Trails-Beautify-SJRC 1,083,300 MeasP Prg Implem & FC 587,600 Japanese Garden Capital Imprvm 150,600 Memorial Auditorium Cap Improv 50,400 UGM Neigh Park Service Area 4 176,000 UGM Parks Citywide Facil Fees 5,899,200 UGM Parkland(Quimby) Ded Fee 5,710,000 Camp Fresno Capital Impr 275,000 Woodward Park Amphitheater 50,100 Municipal Golf Course Fund 683,700 JPFA Debt 1,825,000 Total All Funds 143,159,200 Economic Development Department General Fund 1,973,300 Total All Funds 1,973,300 Planning and Development Department General Fund 34,743,500 Housing General Fund 5,099,100 Comm Dev Block Grant Revenue 16,806,200 Revolving Loans - RRP 46,500 Rehab Loan And Grant Trust 73,300 Nghbrhd Stabiliztn Prgm 816,700 CalHome Grant Program 1,770,600 HHAP State Grant 19,233,600 PermLocalHousingAllocatn Grant 14,533,200 HOME Fund 14,769,400 ESG Grant Fund 1,041,600 HOPWA 1,892,500 CARES 631,500 American Rescue Plan Act-ARPA 44,415,000 HOME-ARP Fund 11,919,600 CDBG-CV 5,402,100 Undefined 1,817,900 Undefined 27,695,200 Homekey Grant-Ambassador Inn 3,740,100 Homekey Grant-Villa Motel 5,942,300 K:\USERS\DOCS\FY\FY24 Enabling Docs\FY 2024 AAR\230621 Exhibit A_Annual Appropriation Resolution_Final 2 of 7 DEPARTMENT FUND ADOPTED TOTAL EXHIBIT A ANNUAL APPROPRIATION RESOLUTION FY 2024 BUDGETED AMOUNTS Planning and Development Department Homekey Grant-Parkway Inn 7,455,600 Homekey Grant-Valley Inn 6,303,600 Homekey Grant-The Park 5,366,600 National Settlement 843,000 Distress Prop Financing Fund 3,500 Housing Trust Earmark 6,300 Total All Funds 232,368,500 Public Works Department General Fund 24,402,400 PW Special Proj Revolving Fund 1,444,900 PW Capital Indirect Cost Recov 11,013,700 Comm Dev Block Grant Revenue 3,256,000 Transformative Climate Comm 20,023,000 American Rescue Plan Act-ARPA 25,470,000 Federal Grants Public Works 38,141,800 State Grants-Public Works 22,463,100 Special Gas Tax 5,214,800 Prop. 111 - Special Gas Tax 3,240,800 ABX8 6 Gas Tax (formerly TCRP)4,702,300 SB1 Road Repair Gas Tax 23,623,300 R/W Acquisition-Tract 6124 70,600 R/W Acquisition-Tract 6052 25,200 R/W Acquisition-Tract 6210 37,000 R/W Acquisition-Tract 6214 15,000 R/W Acquisition-Tract 6249 122,400 R/W Acquisition-Tract 6258 417,900 R/W Acquisition-Tract 6261 70,700 R/W Acquisition-Tract 6224 676,700 R/W Acquisition-Tract 6162 589,000 R/W Acquisition-Tract 6281 269,300 Street Tree Fees 50,000 Pedestrian & Bicycle Facility 524,000 Prop 42 TCRP Annual Allocation 194,200 Reg Trans Mitigation Fee-RTMF 3,832,500 UGM General Admin 232,600 Fancher Creek Proj Fin Distric 1,200 Tract 5232 Belmont AveWidening 500,200 CFD #9 Comm/Ind Feature Mainte 168,100 CASp Program SB1186 / SB1379 283,300 State Contracted Services 1,350,500 Santa Fe Depot Facility Fund 324,900 Measure C Tier 1 Capital Proj 18,358,500 Meas C-PW Alloc Street Maint 11,235,400 Meas C-PW Alloc ADA Compliance 351,000 Meas C-PW Alloc Flexible Fund 8,724,900 Meas C-PW Alloc Ped Trails 5,282,800 Meas C-PW Alloc Bike Facilitie 899,700 Orig Meas C-Regional Hwy Prog 25,200 Meas C-Transit (TOD) Programs 483,700 Measure "C" Trail Advancement 2,810,500 Measure C New Technology 2,273,600 Measure C Grade Separation 44,300,400 High Speed Rail Projects 687,000 High Speed Rail Services 1,022,200 Meas P Existing Park Cap-O&M 146,800 MeasP ATP-Trails-Beautify-SJRC 7,090,900 K:\USERS\DOCS\FY\FY24 Enabling Docs\FY 2024 AAR\230621 Exhibit A_Annual Appropriation Resolution_Final 3 of 7 DEPARTMENT FUND ADOPTED TOTAL EXHIBIT A ANNUAL APPROPRIATION RESOLUTION FY 2024 BUDGETED AMOUNTS Public Works Department City Wide Beautification 13,200 Developer Cash-in-Lieu Improve 1,020,200 Lcal Agncy Prj Fndng-Pub Works 3,107,500 Cash in Lieu - Loan 37,400 AD 137-Const-Figarden Park 307,400 AD154-CALCOT Construction 211,700 Landscape Maintenance Dist #1 772,900 Community Facilities Dist No 2 5,875,200 Community Facilities Dist No 4 730,300 Community Facilities Dist No 5 1,700 Community Facilities Dist No 7 244,800 Community Facilities Dist No 8 2,200 Community Facility Dist No. 11 4,565,900 Community Facility Dist No 12 514,200 Community Facility Dist No. 14 84,400 CFD#15 EAST Copper River Dist 40,100 CFD No. 2 - Reserve 286,200 CFD No. 11 - Reserve 593,500 CFD No. 18 - Police & Fire Svc 13,000 UGM Parks Citywide Facil Fees 8,448,000 UGM Parkland(Quimby) Ded Fee 10,000 Citywide Reg Street Impact Fee 9,710,700 Int Sts.& Rdabouts St. Imp Fee 255,000 Reg. St. Imp Fee-Copper River 406,500 New Grth. Area St. Impact Fees 6,496,000 Sewer Backbone Fee-Copper Riv 502,100 UGM Major Street Zone A 565,200 UGM Major Street Zone B 260,300 UGM Major Street Zone C/D-2 27,500 UGM Major Street Zone D-1/E-2 162,500 UGM Major Street Zone E-1 10,200 UGM Major Street Zone E-4 51,000 UGM Maj Bridge Fee Zone C/D-2 294,100 UGM Maj Brdge Fee Zone D-1/E-2 91,200 UGM Maj Bridge Fee Zone E-1 92,800 UGM Maj Bridge Fee Zone E-4 1,000 UGM Maj Bridge Fee Zone F 6,900 UGM Fire Citywide Facil Fees 18,400 UGM RR Cross/At Grade Zone A/B 16,200 UGM RR Cross/At Grade Zone A/C 12,800 UGM RR Cross/At Grade Zone A/D 56,700 UGM RR Cross/AG Zone E/1-A 132,000 UGM RR Cross/AG Zone C/D-1 368,500 UGM Grade Separation Zone E/4A 4,500 UGM Traf Signal/Mitiga Imp Fee 925,100 UGM Police Citywide Facil Fees 24,300 UGM Fire Station 10 Relocation 3,500 UGM Fire Station 12 Imprvemnts 1,000 UGM Fire Station 24 3,500 UGM Fire Station 25 900 Water Capacity Fee Fund 4,007,000 UGM Recharge ServiceArea 101-S 1,200 UGM Well Develop Serv Area 142 400 UGM Water Area 201-S 1,200 UGM Water Area 301-S 1,200 UGM Water Area 101-S 1,500 K:\USERS\DOCS\FY\FY24 Enabling Docs\FY 2024 AAR\230621 Exhibit A_Annual Appropriation Resolution_Final 4 of 7 DEPARTMENT FUND ADOPTED TOTAL EXHIBIT A ANNUAL APPROPRIATION RESOLUTION FY 2024 BUDGETED AMOUNTS Public Works Department UGM Wellhead TreatmntArea 101S 2,500 UGM Well Develop Svc Area 11-A 1,200 UGM Well Develop Serv Area 86 1,200 UGM Well Develop Serv Area 90 1,200 UGM Well Develop Serv Area 91 1,500 UGM Well Develop Serv Area 102 1,200 UGM Well Develop Serv Area 107 200 UGM Well Develop Serv Area 132 200 UGM Well Develop Serv Area 141 1,200 UGM Trans Grid Mains Debt Svc 2,000 UGM Trans Grid Serv Area A 2,500 UGM Trans Grid Serv Area B 1,500 UGM Trans Grid Serv Area C 2,200 UGM Trans Grid Serv Area D 11,700 UGM Trans Grid Serv Area E 102,000 UGM-Bond Debt Serv Area 101-S 2,500 UGM Bond Debt Serv Area 301-S 2,000 UGM Bond Debt Serv Area 501-S 2,000 UGM Recharge Area 301-S 1,500 UGM Recharge ServiceArea 501-S 2,000 UGM NE Recharge Facility Fee 1,200 UGM Wellhead Trtmnt Area 301-S 1,301,800 UGM Wellhead Trtmnt Area 401-S 1,200 UGM Wellhead Trtmnt Area 501-S 2,000 UGM Water Area 401-S 500 UGM Water Area 501-S 251,200 Community Sanitation Operating 9,409,000 UGM Cornelia Sewer Trunk Fee 1,200 UGM Grantland Sewer Trunk Fee 2,800 UGM Herndon Sewer Trunk Fee 2,300 UGM Fowler Sewer Trunk Fee 1,200 UGM Area-wide Oversize sewer 3,500 UGM Lift Station/APU Svc Area 1,200 UGM Millbrook Olay Sewer Fee 1,200 Total All Funds 358,959,300 Department of Budget and Management Studies General Fund 1,640,200 Total All Funds 1,640,200 General Services Department General Fund 1,600,900 American Rescue Plan Act-ARPA 8,154,400 Fleet Operating 34,483,600 Fleet Replacement 18,342,500 General Services Division Admi 1,687,000 Facilities Management Oper 18,573,500 Faciliti Repairs & Replacement 956,100 Municipal Service Center Oper 5,498,500 Total All Funds 89,296,500 Information Services Department General Fund 688,300 Security Assessment Charges 454,000 Systems Acq. & Maintenance 11,307,500 Information Services Operating 14,905,700 Systems Replacement Fund 3,779,700 Network Replacement Fund 2,380,000 K:\USERS\DOCS\FY\FY24 Enabling Docs\FY 2024 AAR\230621 Exhibit A_Annual Appropriation Resolution_Final 5 of 7 DEPARTMENT FUND ADOPTED TOTAL EXHIBIT A ANNUAL APPROPRIATION RESOLUTION FY 2024 BUDGETED AMOUNTS Information Services Department Desktop Replacement Fund 2,832,500 PublicSafety RadioCommun Upgrd 790,100 Total All Funds 37,137,800 Finance Department General Fund 8,801,200 PW Capital Indirect Cost Recov 108,800 EmergencyRentalAssistanceGrant 2,525,000 American Rescue Plan Act-ARPA 2,095,000 MeasP Prg Implem & FC 105,000 Utility Billing & Collection 8,920,400 Water ACP 1,000,000 Total All Funds 23,555,400 Personnel Services Department General Fund 7,078,100 Undefined 4,597,300 Workers' Compensation Self-Ins 24,811,800 LIABILITY SELF-INS FUND 21,595,500 Unemployment Self-Insurance 839,500 PROPERTY SELF-INS FUND 6,209,200 Total All Funds 65,131,400 Department of Public Utilities General Fund 2,575,800 American Rescue Plan Act-ARPA 100,000 MeasP ATP-Trails-Beautify-SJRC 1,208,200 Water Enterprise 155,904,700 Water Connection Charge 1,749,100 DBCP Recovery Fund 3,563,100 SE Fresno Projects Bond Fund 6,064,700 Recycled Water Distrib Sys O&M 260,000 Copper River Ranch Water Infra 1,128,700 TCP Settlement Fund 5,279,600 Water Capacity Fee Fund 4,335,600 UGM Water Area 201-S 136,000 UGM Wellhead Trtmnt Area 501-S 22,000 Solid Waste Operating 43,737,700 City Landfill Closure Capital 2,500,000 Recycling Grants 909,700 CalRecycl Used Oil Block Grant 85,800 SW Vehicle Replacement 9,445,000 Community Sanitation Operating 897,100 Wastewater Operating 138,656,200 Wastewater Vehicle Replacement 491,600 Sewer Lateral Revolving Fund 300,000 Public Utilities Admin 6,569,800 DPU Operation & Maint Facility 2,800,300 Total All Funds 388,720,700 Airports Department FYI Operations 28,104,400 Airport Debt Service 4,764,230 Series 2007 Debt Service 1,749,770 Airways Golf Course Capital 677,800 Airport Federal Grants 25,762,600 Airport Capital 10,009,300 Airports Projects Administratn 1,864,900 CRCF Reserve Fund 96,800 PFC Capital Fund 9,360,000 K:\USERS\DOCS\FY\FY24 Enabling Docs\FY 2024 AAR\230621 Exhibit A_Annual Appropriation Resolution_Final 6 of 7 DEPARTMENT FUND ADOPTED TOTAL EXHIBIT A ANNUAL APPROPRIATION RESOLUTION FY 2024 BUDGETED AMOUNTS Airports Department Terminal/FIS Project 41,000,000 Chandler Operating 663,200 Total All Funds 124,053,000 Convention Center & Stadium Dept Convention Center Operating 7,450,800 Convention Center 2,728,500 Stadium Debt Service Fund 3,191,500 Stadium Operating Fund 512,300 Stadium Emergency Repairs 707,700 Stadium Capital Reserve 2,616,500 Total All Funds 17,207,300 FAX Department Fresno Transit Operating 47,028,900 Federal Operating-43504 18,658,800 Grant Funded Operating Support 3,510,100 FAX Capital 2,061,900 Undefined 4,336,300 Undefined 35,758,700 State Tax Revenue 900,000 State Tax Revenue 6,462,000 State Tax Revenue 1,995,000 Measure C Transit 18,266,800 Total All Funds 138,978,500 2,071,336,700 K:\USERS\DOCS\FY\FY24 Enabling Docs\FY 2024 AAR\230621 Exhibit A_Annual Appropriation Resolution_Final 7 of 7 FY 2024 BUDGET RECONCILIATION SUMMARY MOTION # COST BUDGET MOTION EXPENDITURE 2 500,000$ Fund zero fares for qualified persons if grant is not received 4 65,000$ Sister City liaison funding 5.1 70,000$ Sister City Travel Fund - see 5.2 5.2 (46,000)$ Rollover FY23 unspent balance in Sister City Travel - see 5.1 7 100,000$ Project Spotlight 8 100,000$ Neighborhood Watch Program 9 100,000$ Small business security camera grants 10 2,800,000$ $400,000 per District for Infrastructure Projects in DPW 13 275,000$ West Area Neighborhood Specific Plan 14 -$ Cost Neutral Direction to reallocate to Infrastructure Budget if Beechwood Property is rezoned 17 148,500$ Community Garden/Dog Park on 11th and Tulare 20.1 450,000$ Repaving First Street between Herndon and Sierra 20.2 150,000$ Repave Sierra between Fresno and Fwy 41 20.3 150,000$ Repave Thesta between Escalon and Bullard 20.4 169,500$ 17 sidewalk, curb and gutter projects in District 6 22 80,000$ Design for Wishon Ave and Fountain Ave roundabout 32 275,000$ Roadwork on Weber Ave to Camp Pashayan 33 400,000$ Intersection upgrades at Barstow and Grantland 34 100,000$ Memorial for victims of traffic fatalities 35 210,000$ Roadwork on Van Ness in Council District 2 36 855,000$ Mill & pave, slurry seal for the neighborhood Herndon-Alluvial, Van Ness to West 37 50,000$ Installation of irrigation infrastructure at the Contessa Avenue landscape buffer 40 1,400,000$ Paving residential streets at West Brown, between N. Hughes Ave, N. Crystal Ave., and W. Cornell Ave. 42 2,800,000$ Grind and overlay on Fruit Avenue from Clinton to Dakota 44 250,000$ Downtown (Fulton Street) overhead string LED lighting 47 100,000$ Litter abatement and pressure washing in Chinatown 49 128,000$ Equip all fire rigs with ballistic vests and helmets 50 150,000$ Fire Station renovations to sustain four fire fighters at Station 2 51 11,000$ Free entrance for Fresno residents to City parks on National Parks Day (Revenue Reduction) 52 250,000$ Repurpose JSK softball field and one Regional Sports Complex soccer field to cricket 58 100,000$ Immigrant legal defense fund 59 75,000$ Funding for Centro La Familia 60 270,000$ Real Estate Purchases 61 350,000$ New play structure at Lafayette 62 125,000$ Skate park amenity at Manchester Park 66 1,578,400$ Design for Quigley Park Improvements 67 203,000$ Multi-use court at Lions Park 68 50,000$ Monument sign with lighting and other improvements at Logan Park 69 50,000$ Fireworks show to celebrate Diwali in 2023. Event is to be held in council district 1 or 2 70.1 200,000$ Tower District Specific Plan (Cost Neutral - see 70.2) 70.2 (200,000)$ Rollover FY23 unspent balance from smoke shop and sensitive use text amendments - see 70.1 71 500,000$ Hinton Center Renovations 78 -$ Add a Council Assistant at 1.0 FTE for District 7 (cost neutral in FY24 and FY25) 79.1 175,000$ Increase Legislative Intern Program and allocate $25,000 per district - see 79.2 79.2 (155,000)$ Reallocate base Legislative Intern appropriations -see 79.1 80 40,000$ Renzi art restoration and preservation 83 776,000$ Rotary East Park pickleball construction 85 150,000$ Garo and Alice Gureghian Armenian Cultural Center upgrades 88 301,300$ Design of soccer field lighting at Koligian Park 89 50,000$ Design volleyball court lighting at Koligian Park 90 1,083,300$ Reconstruction of the Milburn Overlook 91 -$ Add one LGBTQ Liaison to the Office of Community Affairs. (Cost Neutral) 92 100,000$ EOC LGBTQ Center 93 100,000$ Grant program for local LGBTQ and non-profits 95 569,000$ Evening Code Enforcement Team 96 725,000$ Increase to Council Offices operating budgets 98 250,000$ Improvements to Pinedale Community Center 99 40,200$ Tablets for inspectors in the Public Works Department 100 750,000$ Implement left turn phasing at West Shaw Ave and Feland Ave 1 of 2 MOTION # COST BUDGET MOTION EXPENDITURE 102 69,000$ Convert the tennis courts at Logan Park to pickleball courts 104 200,000$ City Attorney’s office to lease additional office space 105 80,000$ Design for Wishon Ave and Cortland Ave roundabout 106 50,000$ E-bike/Scooter rebate program 107 15,000$ Tower District Marketing Committee string light improvements 110 1,000,000$ District 1 and 4 façade improvement program for businesses and non-profits 111 2,000,000$ Continue funding Eviction Protection Program (EPP) 112.1 50,000$ Outreach for EPP/Tenant Relocation Benefits - see 112.2 112.2 (50,000)$ Rollover FY23 unspent Ethnic Outreach balance in GCP - see 112.1 113 20,000$ Youth Sports Fee Waiver Program 115 10,000$ Increase Water Conservation Rebates at same rate as CPI 118 500,000$ Reedy Park Improvements - see 119 119 (30,000)$ Reallocate from University Park monument to FY24 Motion 119 - see 118 121 1,700,000$ Construction of a wrought iron perimeter fence at Rotary Park West 124 65,000$ Cary Park Bleachers and Pétanque Improvements 137 1,000,000$ Repave Echo Ave. between McKinley and Olive Avenues 139 935,000$ Multi-use futsal and pickleball court at Vinland Park 140 1,383,700$ Miscellaneous Granite Park project and expenditures 141 200,000$ Upgrades for the Valley Dream Center Admin 450,000$ Water Tower Improvements 29,994,900$ TOTAL MOTION # COST MOTIONS FOR FY24 MIDYEAR OR OTHER FUNDING CONSIDERATION 48 2,400,000$ Chinatown road repaving and concrete work 138 7,200,000$ Road paving of McKinley Ave from Chestnut to Clovis 15 5,900,000$ Tulare-Belmont-Sunnyside-Fowler prioritize paving 16 5,800,000$ California-Butler-Hazelwood-Orange included in the Rebuild Fresno 2.0 initiative 30 1,900,000$ Paving of Peach Avenue from Olive to McKinley 23,200,000$ TOTAL MOTION # COST APPROPRIATIONS/REVENUES IN FY2024 BEING REALLOCATED OR RECOGNIZED (1,200,000)$ Unrecognized Debt Service Revenue (1,700,000)$ Sale of Blosser Property Revenue (200,000)$ Rollover FY23 unspent Ethnic Outreach balance in GCP (1,000,000)$ Unrecognized Franchise Fees (1,000,000)$ Budget correction to overstated expense for Corridor Improvements (636,400)$ Calwa Trail Funding Reallocation (2,500,000)$ ARPA Mobile Food Hub (3,200,000)$ Unrecognized ARPA Interest Revenue (200,000)$ ARPA Premium Pay (200,000)$ ARPA Covid Testing (100,000)$ ARPA PPE (2,900,000)$ ARPA Administration Reallocation (883,000)$ ARPA Drill Schools FY22 duplicated expense (50,000)$ ARPA unspent Fire Instruction Materials (250,000)$ ARPA unspent Fire Station Repairs (300,000)$ ARPA unspent Greening (500,000)$ ARPA Bitwise Funds (3,200,000)$ ARPA PD Headquarters deadline constraints (3,200,000)$ Measure P estimated FY23 to FY24 excess carryover (781,900)$ Measure P FY24 project reprioritization (1,103,300)$ Meas P FY24 available Fund Balance (2,569,500)$ Capital Project Reprioritization (275,000)$ LEAP Grant Funding (500,000)$ FAX Kaiser Grant or Enterprise if not grant is not received (1,570,000)$ ERAP Reallocation to EPP (10,000)$ DPU Enterprise Funds (11,000)$ Measure P Revenue Loss (30,040,100)$ TOTAL 2 of 2 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-993 Agenda Date:6/22/2023 Agenda #:D. REPORT TO THE CITY COUNCIL FROM:HENRY FIERRO, Budget Director Budget and Management Studies Department BY:PEDRO RIVERA, Budget Manager Budget and Management Studies Department SUBJECT ***RESOLUTION - FY 2024 GANN Appropriation Limit Resolution (Subject to Mayor’s veto) City of Fresno Printed on 6/29/2023Page 1 of 1 powered by Legistar™ 6/22/2023 TM/AP 6-1 NE VOTED NO R. 2023-186 REPORT TO THE CITY COUNCIL FROM: HENRY FIERRO, Budget Director Budget and Management Studies Department BY: PEDRO RIVERA, Budget Manager Budget and Management Studies Department SUBJECT ..Title FY 2024 GANN APPROPRIATION LIMIT RESOLUTION ..Body RECOMMENDATION It is recommended that the Council adopt the attached resolution which selects Per Capita Personal Income and County population as the factors to be used in calculating the FY 2024 appropriations limit (Method B). This method appears to give the City the most flexibility in terms of an adjusted spending limit. EXECUTIVE SUMMARY State law requires the City to adopt an annual appropriations limit, otherwise known as the Gann Limit, in conjunction with the adoption of the budget. The new limit amount is calculated by applying the growth rates in population and per capita personal income to the previous fiscal years limit amount. Staff has prepared two Gann Limit levels which both meet the legal standards for calculation. Staff is recommending that Council adopt the level which will give the City the greatest difference between FY 2024 enacted appropriations and the calculated FY 2024 Gann Limit. BACKGROUND In November 1979, the voters of the State of California approved Proposition 4, commonly known as the Gann Initiative. The proposition created Article XIIIB of the State Constitution, placing limits on the amount of revenue that can be spent by all entities of government. Proposition 4 became effective for the 1980-81 fiscal year, but the formula for calculating the limits was based on the 1978-79 "base year" revenues. Appropriations backed by tax revenues collected by all funds within the City are subject to measurement against the City’s calculated Gann Limit. Since the General Fund is the primary recipient of tax revenue, a rough estimate of the appropriations subject to that limit can be calculated by summing all tax revenue (property tax, sales tax, etc.) that the General Fund receives. On a local level, the City of Fresno has never exceeded its appropriations limit. Indeed, the City's appropriations subject to the limit has, in the years since Proposition 4 was approved, never exceeded 65% of the calculated limit. However, in order to address an increasing number of complaints about the restrictions of Proposition 4 and to increase the accountability of local governments in adopting their limits, the voters approved Proposition 111 in June 1990. Among other things, Proposition 111 alters the methodology outlined in Proposition 4 for determining the appropriations limit. It also requires an annual vote of the City Council on which adjustment factors will be used in determining the particular fiscal year's appropriation limit. Under Proposition 111, the factors used to determine each year's limit were modified to be: 1) Either the California Per Capita Income or the percentage change in the local assessment roll from the preceding year due to the addition of local non-residential construction in the City, and 2) Either the City's own population growth or the population growth of the entire County. Additionally, Article XIIIB requires the appropriations limit be adjusted permanently whenever there is a transfer of financial responsibility between two or more government agencies. One example of this would be the booking fees and fees for Property Tax administration that the City is required to pay under Senate Bill No. 2557 (1990). Attachment: GANN Resolution with attachment Attachment "A" GANN CALCULATION GANN CALCULATION Fiscal Year 2024 Fiscal Year 2024 Method A Method B Using: 1) Percent change in Per Capita Personal Income Using: 1) Percent change in Per Capita Personal Income 2) Percent change in City Population 2) Percent change in County Population Beginning Balance 757,794,893$ Beginning Balance 757,794,893$ Adjustment 0 Adjustment 0 Beginning Balance 757,794,893$ Beginning Balance 757,794,893$ Per Capita Income Change Ratio 1.0444 Per Capita Income Change Ratio 1.0444 City Population Growth Ratio 1.0012 County Population Growth Ratio 1.0015 FY 2023-2024 Factor 1.04565328 FY 2023-2024 Factor 1.0459666 Appropriations Limit Fiscal Year 2024 792,390,715$ Appropriations Limit Fiscal Year 2024 792,628,147$ Net Annual Adjustment in Dollars 34,595,822 Net Annual Adjustment in Dollars 34,833,255 Per Capital Personal Income Change Over Prior Year 4.44% County Population Growth 0.15% City Population Growth 0.12% COMPUTATION OF SPENDING LIMIT METHOD A or B FOR 2024 Source: May 2023, State of California, Department of Finance letter K:\USERS\DOCS\FY\FY24 Enabling Docs\FY 2024 GANN\GANN limit calculation 2024 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-1014 Agenda Date:6/22/2023 Agenda #:E. REPORT TO THE CITY COUNCIL FROM:SANTINO DANSINI, MBA, Controller/Finance Director Finance Department BY:CORRINA BARBARITE, Treasury Officer Finance Department SUBJECT ***RESOLUTION - To Adopt an Investment Policy for Public Funds for Fiscal Year 2023-2024 (Subject to Mayor’s veto) City of Fresno Printed on 6/29/2023Page 1 of 1 powered by Legistar™ 6/22/2023 TM/AP 7-0 R. 2023-187 REPORT TO THE CITY COUNCIL FROM: SANTINO DANISI, Controller/Finance Director/(ex-officio)Treasurer Finance Department BY: CORRINA BARBARITE, Treasury Officer Finance Department SUBJECT ..Title ***RESOLUTION – To Adopt an Investment Policy for Public Funds for Fiscal Year 2023-2024. (Subject to Mayor’s Veto) ..Body RECOMMENDATION Staff recommends City Council approve the City of Fresno (the “City”) Investment Policy for Fiscal Year 2023-2024. EXECUTIVE SUMMARY The Fresno Municipal Code (FMC) requires that Council annually approve and adopt an Investment Policy and delegate its authority to invest City funds to the City Treasurer. State Law refers to “surplus money” that is not needed for current operations. Good cash management includes investing these funds in accordance with an approved Investment Policy. Interest earnings on investments are allocated to all Funds based on the amount of cash the Fund has invested in the City-wide Pool. There is one change from the FY 2022 -2023 Investment Policy. The Purchasing Section has been excluded as they are no longer a part of the Finance Department. BACKGROUND Although State Law no longer requires it, good cash management necessitates a detailed plan for handling cash resources. The FMC, therefore, requires that Council annually adopt an investment policy for public funds. An investment policy establishes the objectives, guidelines, and types of investments for a government’s public funds investment program. State Law also contains numerous other stipulations that pertain to the City’s investment program. Government Code Section 53601 (Section 53601) sets forth certain parameters that govern a local agency’s investment program. This law states that “The legislative body of a local agency having monies in a sinking fund or monies in its treasury not required for the immediate needs of the local agency may invest any portion of the monies that it deems wise or expedient …” The Treasury Section of the Finance Department is responsible for balancing the operating cash needs of the City with the amount of money available for investment. Operating cash is thus differentiated from surplus cash. These monies are aggregated together in a City-wide Pool for investment purposes. Each Tyler Munis Fund owns “shares” in the Pool, based on the Fund’s cash balance. Cash from the Pool is invested in financial instruments allowed by State Law, and the interest earnings are credited back to each Fund. Section 53601 sets forth the types of investment instruments eligible for purchase by a local agency, the investment grade of those instruments, the maximum maturity of the investment instruments and the percentage of the local agency’s surplus monies that can be invested in each type of security. Since the City’s first investment objective is conformity with State Law, the Investment Policy generally conforms to Section 53601. . Staff recommends that Council approve the City’s Investment Policy for Fiscal Year 2023-2024. ENVIRONMENTAL FINDINGS By the definition provided in the California Environmental Quality Act Guidelines Section 15378 this item does not qualify as a “project” and is therefore exempt from the California Environmental Quality Act requirements. LOCAL PREFERENCE Local preference was not considered because this Resolution does not include a bid or award of a construction or service contract. FISCAL IMPACT Approving this Resolution adopting an Investment Policy for Fiscal Year 2023-2024 will provide staff with direction on how to manage the City’s cash resources; specifically, how they shall be used to fund operations or invested to obtain interest earnings if not currently needed. Interest earnings are allocated to Tyler Munis Funds based on their cash balances. Attachments: 23-1014 IPPF Resolution with Attachment 202 3-2024 City of Fresno Investment Policy Effective July 1, 202 3 Santino Danisi Controller/Finance Director/(ex- officio)Treasurer i PREFACE “I’m not as concerned about the return on my principal as I am about the return of my principal.” Will Rogers It is the Policy of the City of Fresno, that giving due regard to the safety and risk of investment, all available funds shall be managed in conformance with these legal and administrative guidelines (the Policy) and, to the maximum extent possible, surplus funds shall be invested at the highest rates obtainable at the time of investment. Adequate operating funds shall be maintained in a depository institution(s) which affords the City safety with respect to its funds, as well as the ability to meet all the City’s cash receipt and disbursement needs. Effective cash management is recognized as essential to good fiscal management. A conscientious cash management and investment policy will be adopted to meet the City’s financial obligations and take advantage of investment interest as available and material revenue for all operating and capital funds. The City’s Portfolio shall be designed and managed in a manner responsive to the public trust and consistent with State and local law. Investments of surplus funds shall be made with the primary objectives of: • Compliance with all legal requirements • Preservation of capital and protection of principal • Maintenance of liquidity essential to fund operations • Maximization of return on the Portfolio • Development of the local economy Earnings from investments will be used in a manner that will best serve the interests of the citizens of Fresno. (Note: A Glossary of cash management and investment terms is included in Appendix C.) ii TABLE OF CONTENTS PREFACE ............................................................................................................................ I EXECUTIVE SUMMARY ................................................................................................ 1 I. INVESTMENT RESONSIBILITIES .......................................................................... 3 A. Legal Requirements ................................................................................................ 3 1. Investment Authority ........................................................................................ 3 2. Investment Policy.............................................................................................. 3 3. Investment Reporting ........................................................................................ 4 4. Authorized Investments .................................................................................... 4 5. Collateral Requirements.................................................................................... 5 6. Prudent Person Rule .......................................................................................... 5 7. Investment Objectives ....................................................................................... 6 8. Securities Dealers.............................................................................................. 6 9. Prohibited Investments...................................................................................... 7 10. Trading Securities ............................................................................................. 7 11. Safekeeping ....................................................................................................... 7 B. Scope ....................................................................................................................... 8 1. Applicability ..................................................................................................... 8 2. Exclusions ......................................................................................................... 8 C. Standards of Conduct .............................................................................................. 9 1. Prudent Investor Rule ....................................................................................... 9 2. Ethical Standards ............................................................................................ 10 3. Conflicts of Interest, Gifts, Gratuities ............................................................. 10 II. INVESTMENT OBJECTIVES ................................................................................. 10 A. Compliance with Legal and Professional Direction ............................................. 10 B. Safety of Capital ................................................................................................... 10 C. Maintenance of Adequate Liquidity ..................................................................... 11 D. Return on Investments .......................................................................................... 11 E. Local Development Program ................................................................................ 11 III. INVESTMENT POLICIES ....................................................................................... 11 A. Policies to Ensure Legal Compliance and Safety of Principal ............................. 11 1. Managing Financial Credit Risk ..................................................................... 11 2. Managing Custodial Credit Risk ..................................................................... 16 3. Managing Concentration of Credit Risk ......................................................... 16 4. Managing Interest Rate Risk ........................................................................... 16 iii 5. Managing Foreign Currency Risk ................................................................... 17 B. Policies to Ensure Adequate Liquidity ................................................................. 17 1. Depository Balances ....................................................................................... 17 2. Repurchase Agreement Maturities .................................................................. 17 3. Security Marketability .................................................................................... 18 4. Scheduling Maturities Or Maintaining A “Barbell” ........................................ 18 5. Investments in LAIF ....................................................................................... 18 C. Policies To Achieve Investment Return Objectives ............................................. 18 1. Yield Objective ............................................................................................... 18 2. Portfolio Management Style ........................................................................... 18 3. Portfolio Maturity Management ..................................................................... 19 4. Bond Swaps .................................................................................................... 19 5. Competitive Bidding, Negotiation .................................................................. 19 6. Securities Lending .......................................................................................... 19 D. Policies To Encourage Local Development .......................................................... 20 1. Program Description ....................................................................................... 20 2. Program Objectives ......................................................................................... 20 3. Apportionment ................................................................................................ 21 4. Program Conditions For Local Financial Institutions ..................................... 21 5. Program Conditions For Broker-Dealers ........................................................ 22 IV. INVESTMENT FUNCTION ORGANIZATIONAL STRUCTURE ....................... 22 A. Department of Finance .......................................................................................... 22 1. Financial Services Division ............................................................................ 22 B. Treasury Section Responsibilities and Staffing – Investment Program Per GC 41006..................................................................................................................... 23 1. Treasurer ......................................................................................................... 23 2. Assistant Controller (a deputy per GC 41006) ............................................... 23 3. Treasury Officer (a deputy per GC 41006) ..................................................... 23 4. Accountant-Auditor II (a deputy per GC 41006) ............................................ 23 C. Compensation Agreement ..................................................................................... 24 V. INVESTMENT OPERATING PROCEDURES ....................................................... 24 A. Investment Program Development ....................................................................... 24 1. Overview ......................................................................................................... 24 2. Program Organization ..................................................................................... 24 3. Program Operations ........................................................................................ 24 B. Market and Economic Analysis ............................................................................ 25 iv 1. Overview ......................................................................................................... 25 2. Data Analysis .................................................................................................. 25 C. Selection Criteria For Local Financial Institutions and Broker-Dealers .............. 25 1. Selection Criteria for Local Financial Institutions .......................................... 25 2. Selection Criteria For Broker-Dealers ............................................................ 26 D. Instrument Selection ............................................................................................. 26 1. Liquidity Needs ............................................................................................... 26 2. Portfolio Structure and Policy Guidelines ...................................................... 26 3. Current and Expected Yield Curve Analysis .................................................. 27 4. Yield Spread Analysis..................................................................................... 27 E. Bond Swaps .......................................................................................................... 27 1. Overview ......................................................................................................... 27 2. Criteria For Swaps .......................................................................................... 27 3. Criteria For Analyzing Swap Candidates ....................................................... 27 4. Identification of Swap Candidates .................................................................. 27 5. Categories of Swaps ........................................................................................ 27 F. Certification .......................................................................................................... 28 VI. PERFORMANCE EVALUATION AND REPORTING ......................................... 28 A. Standard Monthly Reports .................................................................................... 28 1. Month-end Report ........................................................................................... 28 4. Custom Reports Are Available On Request ................................................... 29 B. Changes To The Policy ......................................................................................... 29 APPENDIX A ............................................ 30 APPENDIX B ................................................................................................................... 35 APPENDIX C ................................................................................................................... 42 APPENDIX D ................................................................................................................... 51 1 EXECUTIVE SUMMARY • Investments of surplus funds and deposits of operating funds by local agencies in California are primarily governed by State laws found in Government Code (GC) Section 53600, et.seq. • GC Section 53646 encourages, and Fresno Municipal Code (FMC) 7-104 requires, that Council annually adopt a Policy applicable to City of Fresno investments of surplus funds and deposits of operating funds. • In addition, the Governmental Accounting Standards Board (GASB) requires extensive reporting and disclosure regarding the City’s investment program through GASB Statements 3, 31, 40, and 72. • As stated in the Policy, the objectives of the City’s investments program for surplus funds are (1) safety of capital (2) adequate liquidity (3) market yield and (4) local economic development. • Legal compliance is assured because the investments authorized for the City are either approved with the same parameters permitted by State law or have more stringent parameters. For example, State law has no limits on the number of Agency Notes. The City’s Policy limits no more than 70 percent of the Portfolio to Agency Notes, with no more than 50 percent for any one issuer. • Safety of capital is assured by managing financial credit risk (the risk of default by the issuer), custodial credit risk, (the risk of losing investments not held in the City’s name), concentration of credit risk, (the risk of not adequately diversifying), interest rate risk (the risk of declines in market value when interest rates rise), and foreign currency risk (the risk of loss due to fluctuations in the value of foreign debt instruments.) • Financial credit risk is managed by limiting investment choices to those authorized by State law. Custodial risk is managed by requiring a third-party custodian for all investments. Concentration of credit risk is managed by assuring adequate diversification as noted above, for example, with regard to Agency Notes. Interest rate risk is managed by limiting the portfolio to a weighted average maturity not to exceed three years. Foreign currency risk is managed by limiting investments to only dollar denominated instruments. • Adequate liquidity is assured by maintaining an adequate balance of operating funds in the City’s bank account, and with respect to surplus funds, by owning marketable securities which can easily be liquidated or sold, by maintaining a maturity schedule that assures a regular stream of cash flow, and by maintaining a sufficient amount of funds in immediately liquid accounts such as the Local Agency Investment Fund (LAIF). • Investment return objectives are achieved by analysis of the market and the investments available, by maintaining an active style of investment management, by swapping bonds if advantageous, by requiring competitive bidding and negotiation when appropriate, and by engaging in securities lending if appropriate. 2 • The objective of local economic development is pursued by allowing up to $15,000,000 of the Portfolio for purchases of Certificates of Deposit from local financial institutions. • The cash management function is organized by the City (ex-officio) Treasurer (“the Treasurer”), who also serves as the City’s Controller. The Treasurer sets overall policy and objectives for the cash management program. The Treasury Officer and Treasury staff, determine and take action to meet the City’s operating fund needs. If surplus funds are available, the Treasury Officer selects investments, with the approval of the Treasurer or Assistant Controller. One of the Treasury staff other than the Treasury Officer performs the accounting for the Portfolio and prepares monthly reports of investment activity. This segregation of duties is integral to strong internal control in the cash management program. • The Treasury Officer, with the advice and direction of the Treasurer, performs the day-to- day management of the Portfolio. The markets and economic activity are monitored daily along with possible investments and actions that would benefit the Portfolio. Data are analyzed and investment decisions are made by the Treasury Officer and approved by the Treasurer or Assistant Controller. • Reports of the results of the cash management program are made monthly. The Reports detail the disposition of all the City’s surplus funds. Reports show the categories of the investments. Holdings in the Portfolio, including the par, book, and market value of each investment are also shown. The Reports also show the asset mix in the Portfolio, the range of maturities and a comparison of earned interest for the current month and earned interest for the fiscal year to prior year numbers. • After adoption of this Policy by Council, any material changes must be approved by Council. 3 I. INVESTMENT RESONSIBILITIES A. Legal Requirements The primary sources of law regarding the investment practices and procedures for the City of Fresno are laws passed by the State of California, the Fresno City Charter and the FMC. Federal law and Fresno County ordinances are not generally a source of direction with regard to the management of the City of Fresno deposit and investment program. The State has declared its intention to govern investment and deposit activity for local agencies under various California GC Sections. GC Sections 53630.1 and 53600.6 state that: “The Legislature hereby finds that the solvency and creditworthiness of each individual local agency can impact the solvency and creditworthiness of the state and other local agencies within the state. Therefore, to protect the solvency and creditworthiness of the state and all its political subdivisions, the Legislature hereby declares that the deposit and investment of public funds by local officials and local agencies is an issue of statewide concern.” 1. Investment Authority a. State Law GC Section 41001 identifies the city treasurer as the city official responsible for receiving and safekeeping all money received as treasurer. GC Section 41006 authorizes the city treasurer to appoint “deputies” for whose acts the treasurer and their bondsmen are responsible. GC Section 53601 authorizes the legislative body of a local agency to invest “surplus funds,” money not required for the immediate needs of the local agency. GC 53607 authorizes the City Council to delegate its authority to invest to the treasurer of the local agency for a one-year period. b. City Law Section 804 of the Charter of the City of Fresno creates the position of City Controller, who shall be appointed by the Chief Administrative Officer with the approval of the City Council. The Controller is to have charge of the financial affairs of the City under the Chief Administrative Officer. Section 7-901 of the FMC appoints the Controller as the (ex-officio) Treasurer of the City and requires that all funds received by the City be promptly paid into the City’s Treasury. 2. Investment Policy a. State Law GC Section 53646 encourages local agencies to prepare an annual investment policy to be submitted to the agency’s legislative body for its consideration at a public meeting. 4 b. City Law FMC Section 7-104 requires that the Controller shall annually prepare and submit an investment policy to the City Council for its approval. The policy is to include a policy statement, policy scope, policy objectives, and various other investment provisions addressing authorized investments, portfolio diversification, internal controls and other requirements as deemed appropriate by the Controller. 3. Investment Reporting a. State Law GC Section 53646 encourages that a quarterly investment report be prepared by the treasurer or chief financial officer and submitted to the City Council within 30 days following the end of the quarter covered by the report. GC 53607 requires that the treasurer make a monthly report of investment transactions to the City Council. b. City Law Although there is no legal requirement set forth in the City Charter or the FMC to do so, the Treasurer of the City of Fresno follows State law and submits monthly reports of investment activity to the City Council, in accordance with Section VI.A. of this Policy within 30 days after the end of the month covered by the report or as soon thereafter as the month is closed and it is practicable. 4. Authorized Investments a. State Law GC Section 53601 establishes the types of investments allowed, the maximum allowable percentage limits for each investment type, acceptable maturities, quality of ratings allowed, and maximum allowable percentage by issuer. GC Section 53601.8 provides for the investment of a portion of the City’s surplus funds in certificates of deposit at a commercial bank, savings bank, savings and loan association, or credit union that uses a private sector entity that assists in the placement of certificates of deposit. In addition, GC 16429.1 authorizes local agencies like the City to invest monies in the LAIF established by the State Treasurer for the benefit of local agencies. b. City Law The City Charter and municipal code do not deal with the types of investments permitted for the City of Fresno. Through this Policy, the City of Fresno conforms to State Law with regard to authorized investments. (See Section III.A.1. Also, Appendix D contains a comparison of State and City authorized investments). 5 c. Grandfather Clause Any investment held by the City of Fresno at the time this Policy is adopted shall not be sold to conform to any part of this Policy unless its sale is judged to be prudent by the City Treasurer. 5. Collateral Requirements a. State Law There are no collateral requirements for investments of surplus funds held in the City’s treasury in accordance with GC Section 53601. GC Section 53601.8 (c) requires that the full amount of principal and interest accrued on local agency funds invested in certificates of deposit in accordance with the provisions of GC Section 53601.8 shall at all times be insured by the Federal Deposit Insurance Corporation (FDIC) or the National Credit Union Administration (NCUA). GC Section 53635.2 requires that funds not invested in accordance with GC Section 53601, should “as far as possible” be deposited in eligible financial institutions in California. This money constitutes the City’s operating funds. For public operating funds in demand deposit accounts with financial institutions, GC Section 53652 requires that such funds must be collateralized by the institution with a market value of eligible securities listed in GC Section 53651, in excess of the total amount of all deposits secured by such eligible securities, by varying percentage amounts, depending on the type of security. Depository institutions are required to contribute such collateral to a pool of securities held in the name of and administered by the California Collateral Pool Administrator, an official with the California Department of Financial Institutions, and held by the Federal Reserve Bank as custodian. b. City Law FMC Section 7-101 governs the collection and custody of City moneys and requires all such funds to be paid promptly into the City’s Treasury, for deposit into financial institutions as determined to be most advantageous to the City by the Controller, with the approval of the City Council. 6. Prudent Person Rule a. State Law GC Section 53600.3 identifies those who invest money on behalf of local agencies as trustees and therefore fiduciaries subject to the prudent investor standard. A trustee is required to survey general economic conditions and the anticipated needs of the agency, and act in accordance with a level of care, skill, prudence and diligence under the circumstances then prevailing, in order to safeguard the principal of the investment and maintain the liquidity needs of the agency. 6 b. City Law The City Charter and the FMC do not specifically address the requirement for City personnel engaged in the investment process to act in accordance with the prudent person rule. However, this Policy does require the Prudent Person standard of behavior with respect to the City’s Investment Portfolio. (See Section I.C.1.) 7. Investment Objectives a. State Law GC Section 53600.5 requires that a trustee investing public funds must have the following objectives with regard to investment activities in the priority stated: Safety of principal, (First priority), Liquidity needs of the local agency (Second priority), and a Return on the funds under his/her control (Third priority). Also, with regard to the Return on investments, GC Section 53601.6(b) prohibits a local agency from investing funds in any security that could result in a zero- interest accrual if held until maturity. b. City Law The City Charter and the FMC do not specifically note these requirements, but this Policy states that Safety, Liquidity and Yield constitute the first three objectives of the City’s investment program. In addition, this Policy prohibits investing in any investment that could result in a zero-interest accrual. (See Section III.) 8. Securities Dealers a. State Law GC Section 53601.5 requires that any investments purchased by a local agency, must be obtained from either the issuer, or, if in the secondary market, from an institution licensed by the State as a broker-dealer, as defined in Section 25004 of the Corporation Code, or from a member of a federally regulated securities exchange, from a national or state-chartered bank, from a savings association or federal association (as defined by Section 5102 of the Financial Code) or from a brokerage firm designated as a primary government dealer by the Federal Reserve Bank. b. City Law The Charter and the FMC do not directly cover the requirements for broker- dealers, but this Policy conforms to State Law with regard to those who wish to maintain a broker-dealer relationship with the City. (See Section V.C.) 7 9. Prohibited Investments a. State Law GC Section 53601.6 (a) prohibits a local agency from investing any public funds in inverse floaters, range notes, or mortgage-derived, interest-only strips. b. City Law While the Charter and the FMC do not specifically deal with this issue, this Policy does conform to State Law and prohibits investment in inverse floaters, range notes, or mortgage-derived, interest-only strips. (See Section III.A.1.b.) 10. Trading Securities a. State Law GC Sections 53603, 53604, and 53605 combined permit an investment strategy other than “buy and hold.” These Code sections allow the purchase of an investment when issued or in the market, after it has been issued, and they also permit selling or exchanging an investment prior to maturity, in order to raise capital for the original purpose of the investment, or as otherwise desired. b. City Law The Charter and the FMC do not discuss the circumstances under which investments will be bought and sold, but this Policy follows State Law in permitting the City to trade securities if it is advantageous to the City to do so, and will not constitute a deviation from other Sections of this Policy. (See Sections III.C. and V.E.) 11. Safekeeping a. State Law GC Section 53608 permits the safekeeping function for a local agency to be delegated by the City Council to the City Treasurer. Securities may be deposited in a number of institutions including a Federal or State association (as defined by Section 5102 of the Financial Code), a trust company or a State or national bank located in California, with any branch of the Federal Reserve Bank, or with any State or national bank located in a (Federal) reserve city. By implication, what is not permitted is the deposit of securities with a “counterparty” or the broker- dealer from whom the securities were purchased. b. City Law Neither the Charter nor the FMC prescribe standards regarding the safekeeping of securities. However, this Policy conforms to State Law and requires City securities to be held by a third party custodian. (See Section III.A.2.) 8 B. Scope 1. Applicability a. Investment Pool This Policy applies to all monies under the control of the Treasurer of the City of Fresno, normally used in the day-to-day operations of the City, or which are not required for immediate use. The former funds are defined herein as “operating funds.” The latter funds are referred to in GC Section 53601 as “surplus funds.” Operating funds shall be deposited in the City’s demand deposit account (checking account) with its depository institution, in accordance with Section I.A.5. of this Policy. The amount of funds kept on deposit in this account shall be determined by the Treasurer, and the Treasurer’s deputies, to meet the demands of the City’s daily operations. This practice meets the responsibility delegated to the Treasurer by the Fresno City Council, in accordance with Section I.A.1.a. and Section IV.B. of this Policy. In meeting this same responsibility with respect to surplus funds, all such monies entrusted to the Treasurer will be pooled in a diversified portfolio (Investment Pool or the Portfolio). The City Treasurer and staff will monitor economic and other conditions, and manage the Portfolio on an active basis. b. Fund Accounting The monies covered by this Policy are accounted for in the City’s General Ledger, and reported in the City’s Annual Comprehensive Financial Report (ACFR). These financial assets are accounted for by means of fund accounting, in accordance with Generally Accepted Accounting Principles (GAAP) for Governmental entities. The Fund types used to account for them are: • General Fund • Special Revenue Funds • Capital Projects Funds • Enterprise Funds • Internal Service Funds • Fiduciary-Agency Funds 2. Exclusions a. Deferred Compensation Funds The assets and investments comprising the Deferred Compensation Fund are specifically excluded from coverage by this Policy. Investment of these funds is directed by each employee in accordance with the rules of the Deferred Compensation Plan of the City. 9 b. Successor Agency to the Redevelopment Agency of the City of Fresno In addition, this Policy is not applicable to funds held by the Successor Agency to the Redevelopment Agency (RDA) of the City of Fresno. Although a component unit of the City of Fresno, the RDA administers its funds separately from the City, and does not come under the authority of the City Treasurer. c. Retirement Systems Also excluded are all investments of the City of Fresno Retirement Systems, including the assets held in the General Employees System, and both Police and Fire Systems. These assets, both City and employee contributions, are governed by and are under the control of the Retirement Systems Board of Directors. d. Bond or Loan Proceeds Bond or other proceeds resulting from the City’s indebtedness, held by a trustee on behalf of the City’s creditors, or in accordance with federal requirements, typically to be used in conjunction with the construction of various capital projects, are also specifically excluded from the scope of this Policy. Furthermore, monies held by a trustee or fiscal agent and pledged to the payment or security of bonds or other indebtedness, known as “Reserve Funds,” or obligations under a lease, installment sale, or other agreement of the City, or certificates of participation in those bonds, indebtedness, or lease installment sale, or other agreements are also excluded from the scope of this Policy. Pursuant to GC Section 53601(m), such funds may be invested in accordance with the statutory provisions governing the issuance of those bonds, indebtedness, or lease installment sale, or other agreement, or to the extent not inconsistent therewith or if there are no specific statutory provisions, in accordance with the ordinance, resolution, indenture, or agreement of the City in providing for the issuance, rather than through the application of this Policy. C. Standards of Conduct 1. Prudent Investor Rule The standard of prudence to be used by investment officials for the City of Fresno shall be the “prudent person” standard and shall be applied in the context of managing an overall portfolio. Per GC Section 53600.3, the “prudent person” standard states that “When investing, reinvesting, purchasing, acquiring, exchanging, selling or managing public funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated needs of the agency, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the agency.” Investment officers acting in accordance with written procedures and exercising due diligence shall be relieved of personal responsibility for an individual security’s credit risk or market price changes, 10 provided deviations from expectations are reported in a timely fashion and appropriate action is taken to control adverse developments. 2. Ethical Standards Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with the proper execution and management of the investment program, or that could impair their ability to make impartial decisions. Officers and employees shall refrain from undertaking personal investment transactions with the same individual with whom business is conducted on behalf of the City. 3. Conflicts of Interest, Gifts, Gratuities The City fully supports the disclosure process required by the Political Reform Act and each individual involved in the City’s investment program shall be required to complete Form 700, Statement of Economic Interests, annually, in accordance with GC Sections 87100-87350. Employees and investment officers shall disclose any material financial interests in firms that conduct business within the City’s jurisdiction, and shall further disclose any personal financial/investment positions that could be related to the performance of the City’s Portfolio. A single gift or multiple gifts from a single donor, whose value exceeds $50 during a calendar year must be reported. Also, the limit on gifts or gratuities from a single source during a single year is a total of $500. These limits shall be strictly observed. II. INVESTMENT OBJECTIVES A. Compliance with Legal and Professional Direction In conducting its investment program, the City shall comply with all State and City legal directives, conform to GAAP as promulgated by the GASB, particularly GASB Statements 3, 31, 40, and 72, and avail itself of guidance furnished by governmental and industry professional organizations, including but not limited to the California Debt and Investment Advisory Commission (CDIAC), the Government Finance Officers Association (GFOA), the California Municipal Treasurer’s Association (CMTA), the California Society of Municipal Finance Officers (CSMFO), the Municipal Treasurers Association of the United States and Canada (MTAUS&C), the Association of Finance Professionals (AFP) and the Public Treasury Institute (PTI). It shall be the Policy of the City to ensure that staff involved in the investment program have regular training and adequate information resources provided by the preceding governmental and industry professional organizations. B. Safety of Capital The City of Fresno’s first and most important objective in conducting its investment program is to ensure the safety of principal, considering the portfolio as a whole. In a well-diversified portfolio, at any particular point in time, security valuations may be impacted either favorably or unfavorably by changes in interest rates and economic conditions. Specific policies to ensure the safety of principal are presented in Section III.A. “Policies to Ensure Legal Compliance and Safety of Principal.” 11 C. Maintenance of Adequate Liquidity The City’s Investment Portfolio must be structured in a manner that will provide the liquidity necessary to pay obligations as they become due. This is the second objective of the investment program. Specific policies by which the City ensures the maintenance of adequate liquidity are described in Section III.B. “Policies to Ensure Adequate Liquidity.” D. Return on Investments The City shall seek to optimize return on investments within the constraints of safety and liquidity. This third objective of the City investment program shall be to achieve a rate of return on funds that is comparable to that achieved by LAIF. Specific policies regarding investment rate of return are presented in Section III.C. “Policies to Achieve Investment Return Objectives.” E. Local Development Program Fourth, the City of Fresno seeks to promote local economic development through various programs and activities. Included is the Treasurer’s program of placing funds with local financial institutions who demonstrate a commitment to private economic growth, local housing investment and other community services. While investment in local financial institutions may result in a lower net yield for the Portfolio, the benefit to be derived is a potential expansion of the City’s tax base. Specific policies regarding local investments are presented in Section III.D, “Policies to Promote Local Economic Development.” III. INVESTMENT POLICIES A. Policies to Ensure Legal Compliance and Safety of Principal Ensuring compliance with State law and safety of principal are accomplished by minimizing three types of risk: credit risk, interest rate risk and foreign currency risk. There are three sub-types of credit risk: financial risk, custodial credit risk, and concentration of credit risk. Financial risk is the risk that the issuer of an investment instrument will default on it and not pay the debt. Custodial credit risk is the risk of losing an ownership interest in a security because it was held in the name of the selling firm in the transaction, and that firm experienced financial stress, making access to the security impossible. Concentration of credit risk refers to the risk of owning too many investments of one issuer. Interest rate risk is the risk of the loss of market value of an investment if interest rates should rise after the purchase. Foreign currency risk is the risk of the possible loss of an investment’s value when it is converted from a foreign currency into U.S. dollars. 1. Managing Financial Credit Risk 12 a. Authorized Investments The most effective method for minimizing the risk of default by an issuer is to invest in high quality obligations. Also, since these obligations are the only ones permitted by State law, investing in them is also the most effective way to maintain legal compliance. Therefore, it is the Policy of the City of Fresno to purchase only those obligations specified in GC Section 53601, GC Section 53601.8, and GC Section 16429.1. These are as follows: (1.) City of Fresno bonds, including revenue bonds, maturing within five years of the date of purchase. There shall be no percentage limitation of the Portfolio that can be invested in this category. (2.) United States Treasury notes, bonds, bills, or certificates of indebtedness, or those for which the faith and credit of the United States are pledged for the payment of principal and interest, maturing within five years of the date of purchase. There shall be no percentage limitation of the Portfolio that can be invested in this category. (3.) Registered California warrants, treasury notes or bonds, including revenue bonds maturing within five years of the date of purchase. There shall be no percentage limitation of the Portfolio that can be invested in this category. (4.) Registered treasury notes or bonds of any of the other 49 United States in addition to California, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by a state or by a department, board, agency, or authority of any of the other 49 United States, in addition to California, maturing within five years of the date of purchase. There shall be no percentage limitation of the Portfolio that can be invested in this category. (5.) Bonds, notes, warrants or other evidences of indebtedness of any local agency within California, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by the local agency, or by a department, board, agency, or authority of the local agency, maturing within five years of the date of purchase. There shall be no percentage limitation of the Portfolio that can be invested in this category. (6.) Federal Agency or United States Government-Sponsored Enterprise obligations, participations, or other instruments including those issued by or fully guaranteed as to principal and interest by Federal agencies or United State Government-Sponsored Enterprises, maturing within five years of the date of purchase. These include, among others, issues of the Government National Mortgage Association (GNMA), the Federal Farm Credit Bank System (FFCB), the Federal Home Loan Bank Board (FHLB), the Federal Home Loan Mortgage Corporation (FHLMC), the Federal National Mortgage Association (FNMA), the Student Loan Marketing Association (SLMA), and the Federal Housing Administration (FHA). According to the Government Code, there is no percentage limitation of the Portfolio that 13 can be invested in this category. However, the City Policy is that no more than 70 percent of the City Portfolio shall be composed of investments in this category. Likewise, although the Government Code has no limitation on the percentage of the Portfolio that can be invested in any one of the issuers referenced in this paragraph, the Policy of the City of Fresno is to limit the percentage of the City’s Portfolio that can be invested in any one of these issuers to 50 percent. (7.) Banker’s Acceptances are bills of exchange or time drafts drawn on and accepted by a commercial bank. Banker’s Acceptances may not exceed 180 days to maturity at the time of purchase. No more than 40 percent of the Portfolio may be invested in this category, with no more than 30 percent of the Portfolio invested in the obligations of any one bank. Only Banker’s Acceptances eligible for purchase by the Federal Reserve System meet the eligibility requirements for investment in the Portfolio. (8.) Commercial Paper ranked “P-1” by Moody’s Investor Services or “A-1” by Standard and Poor’s and issued by a domestic corporation having assets in excess of $500,000,000 and having an “A” or better rating on its long-term debentures as provided by Moody’s or Standard and Poor’s. Purchases of eligible commercial paper may not exceed 25 percent of the Portfolio, nor have a term to maturity at time of purchase in excess of 270 days. The City is limited to purchasing no more than 10 percent of the outstanding commercial paper of any one issuer. (9.) Negotiable Certificates of Deposit issued by nationally or State-chartered banks, savings associations, or a federal association (as defined by Section 5102 of the California Financial Code), a state or federal credit union, or by a state-licensed branch of a foreign bank, not to exceed the net equity of the financial institution, and not to exceed a total concentration of 30 percent of the Portfolio and maturing within five years of the date of purchase. These are not Time Deposits that would ordinarily be purchased from banks (See Section III.D.4. for information about the City’s Time Deposit investments.) Also, Negotiable CDs cannot be purchased from institutions for which City investment officials serve as members of the governing board. (10.) Investments in repurchase agreements, reverse repurchase agreements, or securities lending agreements of any securities authorized by this Policy. The term for repurchase agreements may not exceed one year, and the market value of the underlying securities must maintain a value of 102 percent or greater of the funds borrowed against those securities. Conditions for reverse repurchase agreements and securities lending agreements are that the securities to be sold or lent must have been owned for a minimum of 30 days prior to the transaction, the total amount of securities must not exceed 20 percent of the Portfolio, the agreement must not exceed a term of 92 days, unless there is a guaranteed spread for the entire period, the borrowed funds will not be invested for more than 92 days, unless, again, there is a guaranteed spread for the entire period, and, 14 finally, these agreements may only be made with the prior approval of the City Council. (11.) Medium-term notes are all corporate and depository institution debt securities with a maximum of five years or less remaining to the date of maturity at the time of purchase, issued by corporations organized and operating within the United States or by depository institutions licensed by the United States or any state and operating within the United States. Notes eligible for investment shall be rated in a rating category of “A” or better by a nationally recognized rating service. No more than 30 percent of the Portfolio may be invested in medium-term notes. Likewise, the State limits investments in the medium-term notes of a single issuer to no more than 30 percent of the Portfolio. However, this Policy further limits investment in the medium-term notes of any one issuer to no more than 20 percent of the Portfolio. The limit on the amount of a single issuer’s debt which may be purchased remains the same as that of the State, 100 percent. (12.) Shares of beneficial interest issued by diversified management companies, otherwise known as Mutual Funds, who invest in the securities and obligations authorized by this Policy. To be eligible for investment, these companies shall either: (1) attain the highest ranking or the highest letter and numerical rating provided by two of the largest nationally recognized rating services, or (2) have an investment adviser registered with the Securities and Exchange Commission with at least five years’ experience investing in the securities authorized by this Policy, and with assets under management in excess of $500,000,000. Investment in any one Mutual Fund shall not exceed 10 percent of the Portfolio, while the total of all Mutual Fund investments shall not exceed 20 percent of the Portfolio. Also, the purchase price of shares shall not include any commission that the companies may charge. (13.) Shares of beneficial interest issued by diversified management companies that are Money Market Funds registered with the Securities and Exchange Commission under the Investment Company Act of 1940. To be eligible for investment, these companies shall either (1) attain the highest ranking or the highest letter and numerical rating provided by not less than two nationally recognized statistical rating organizations, or (2) retain an investment adviser registered or exempt from registration with the securities and Exchange Commission with not less than five years’ experience managing Money Market Mutual Funds with assets under management in excess of $500,000,000. Investment in Money Market Funds shall not exceed 20 percent of the Portfolio, and shall not include in the purchase price of shares any commission that the companies may charge. (14.) Any mortgage pass-through security, collateralized mortgage obligation, mortgage-backed or other pay-through bond, equipment lease-backed certificate, consumer receivable pass-through certificate, or consumer receivable-backed bond of a minimum of five years’ maturity at the time of purchase. Securities eligible for investment under this subdivision shall be 15 issued by an issuer having an “A” or higher rating for the issuer’s debt as provided by a nationally recognized rating service and rated in a rating category of “AA” or its equivalent or better by a nationally recognized rating service. Purchase of securities authorized by this Policy may not exceed 20 percent of the Portfolio. (15.) Shares of beneficial interest issued by a joint powers authority organized pursuant to GC Section 6509.7 that invests in the securities and obligations authorized in paragraphs (1.) to (14.), inclusive. Each share shall represent an equal proportional interest in the underlying pool of securities owned by the joint powers authority. To be eligible under this section, the joint powers authority issuing the shares shall have retained an investment advisor that meets all of the following criteria: (i) the adviser is registered or exempt from registration with the Securities and Exchange Commission (ii) the adviser has not less than five years of experience investing in the securities and obligations authorized in paragraphs (1.) to (14.), inclusive, and (iii) the adviser has assets under management in excess of five hundred million dollars ($500,000,000). In accordance with State Law, there are no limits on the percentage of the Portfolio that may be invested in these shares. (16.) Deposits made with a “selected” depository institution, in accordance with GC Section 53601.8, that uses a private entity that assists in the placement of certificates of deposit with one or more commercial banks, savings banks, savings and loan associations, or credit unions. Such deposits shall at all times be insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration. The selected depository institution shall serve as custodian for each certificate of deposit that is issued with placement service for the local agency’s account. (17.) Deposits in LAIF, up to the maximum permitted by the State Treasurer, currently $75,000,000 per account, for the purpose of investment. The City considers LAIF to be an external investment pool subject to the reporting requirements of GASB Statement 31, which requires that LAIF deposits be reported at fair market value. (18.) United States dollar denominated senior unsecured unsubordinated obligations issued or unconditionally guaranteed by the International Bank for Reconstruction and Development, International Finance Corporation, or Inter-American Development Bank, with a maximum remaining maturity of five years or less, and eligible for purchase and sale within the United States. Investments under this subdivision shall be rated “AA” or better by an NRSRO and shall not exceed 30 percent of the Portfolio. b. Prohibited Investments (1.) The City shall not invest any funds in investment instruments not listed in Section III.A.1.a. 16 (2.) The City shall not invest any funds in those investment instruments identified as “inverse floaters,” “range notes,” or “mortgage-derived, interest-only strips.” (3.) The City shall not invest any funds in any security that could result in zero interest accrual if held to maturity. 2. Managing Custodial Credit Risk To protect against fraud, embezzlement, or potential losses resulting from the financial collapse of securities dealers, all securities owned by the City shall be held in the name of the City for safekeeping by a third-party bank trust department, acting as agent for the City under the terms of a custody agreement or professional services agreement, executed by the bank and the City. All securities will be purchased and delivered using standard delivery-versus-payment (DVP) procedures through the City’s safekeeping agent. No outside broker/dealer or advisor may have access to City funds, accounts or investments, and no direct transfers of funds to an outside broker/dealer are permitted. Only indirect transfers may be made, through the City’s safekeeping agent. Upon purchase, sale, or maturity of investment securities, standing settlement instructions are provided to the servicing banks and broker/dealers involved in the transactions. Adherence to these standing settlement instructions ensures accurate and timely settlement of investment security transactions. Standing settlement instructions are restricted in nature, ensuring investment settlements are with established institutions. Deposits with financial institutions, and with LAIF, in accordance with GC Section 53601.8, GC Section 53635.2 and GC Section 16429.1, shall be evidenced by a certificate or official statement of the City’s account, issued by the financial institution or by LAIF, and retained in possession of the City. 3. Managing Concentration of Credit Risk The City believes that the most important means for ensuring safety of principal consists of purchasing investments of high credit quality, namely, those listed in Section III.A.1.a. At the same time, the City believes in the importance of a well- diversified Portfolio. It is the policy of the City to diversify its Investment Portfolio so that reliance on any one issuer or broker-dealer will not place an undue financial burden on the City. Accordingly, the permitted concentrations of investments, as a percentage of the Portfolio and per individual issuer, are as indicated in Section III.A.1.a.. They are also presented in a table in Appendix D, which compares them with the limits imposed by the State. 4. Managing Interest Rate Risk Interest rate risk is also referred to as “market risk.” It is the risk that, when selling an investment in the Portfolio, the price and the proceeds received will be less than the purchase price and amount invested. This results in the erosion of principal, or 17 the realization of a capital loss. The longer the maturity date of bonds, the greater the price volatility, and the greater is the risk of principal erosion or selling the bond at a loss. Therefore, it is the City’s Policy to concentrate its investment portfolio in shorter-term securities in order to limit principal risk caused by changes in interest rates. In no event will the City exceed the guidelines established by State law and invest in any security whose maturity date at the time of purchase is in excess of five years. In addition, the City manages interest rate risk by measuring the weighted average maturity of the Portfolio as a method of gauging the degree of interest rate risk to which the Portfolio is exposed. The weighted average maturity is a mathematical calculation wherein the average of the number of days or years to the maturity dates of all the investments in the Portfolio is weighted by the amounts of each investment. The greater the amount of the investment, the greater the role it plays in determining the average number of days to maturity. For the City of Fresno, the weighted average maturity of its Portfolio shall not exceed three years. By maintaining the weighted average maturity of the Portfolio below three years, the City successfully minimizes potential losses from interest rate increases. 5. Managing Foreign Currency Risk The City only invests in U.S. dollar denominated obligations. This successfully eliminates all risk of principal erosion due to fluctuations in the values of foreign currencies. B. Policies to Ensure Adequate Liquidity 1. Depository Balances On a daily basis, the Treasurer and Treasury Deputies shall review the status of the City’s demand deposit account, the expected inflows of cash from various sources, and the expected uses of cash for the day. The amount of funds needed for daily operations is determined, as is the amount of funds available to meet expected requirements. As a general rule, staff believes that an average balance of $15,000,000 in the City’s bank account is a reasonable target depository balance to meet operating fund requirements on any given day. The difference between expected sources and uses of cash determines whether there is a need for additional operating funds or there are surplus funds available for investment. Based on this analysis, the Treasurer and Treasury Staff seek to generate additional cash inflows or surveys the financial markets for suitable investments. In achieving the former, staff may determine that selling an investment is the most advantageous course to take, or selling shares in a money market fund, or LAIF. In achieving the latter, staff may consult with broker-dealers, review the financial markets via the news media or email communications, or conduct research via the City’s financial subscription service. At all times, staff shall endeavor to achieve a balance ensuring that operating funds remain sufficient to meet the City’s obligations, while any surplus funds are invested to achieve a financial return consistent with this Policy. 2. Repurchase Agreement Maturities Because no secondary market exists for repurchase agreements, the maximum maturity for repurchase agreements in the Portfolio is one year. 18 3. Security Marketability Liquidity is very closely correlated with the marketability of investments in the Portfolio. Liquidity can be defined as the ability to sell an investment at or near the original purchase price paid for it, whenever desired. This can only occur if there is an active market for the type of security to be sold. Such a market only exists for high quality types of investments. Thus, in addition to the objectives of legality and safety, the City also ensures adequate liquidity by investing only in obligations permitted by GC 53601, GC 53601.8, and GC 16429.1 as described above in Section III.A.1.a. Authorized Investments. 4. Scheduling Maturities Or Maintaining A “Barbell” The Policy of the City is to maintain a schedule of maturities such that cash flow through maturities occurs in a manner adequate to fund City operations. As an alternative strategy, the City may maintain a “barbell” structure such that maturities are equally weighted toward a very short-term horizon (to provide liquidity) and a longer-term horizon (to provide higher yields). The Treasurer will determine which strategy will be most effective given current market conditions. 5. Investments in LAIF While the City maintains a high-quality Portfolio, which will normally ensure the maintenance of adequate liquidity, either through a scheduled or “barbell” approach, the City must also be prepared for market aberrations which might serve to dampen liquidity, if only temporarily. Therefore, it is the Policy of the City to maintain an amount invested with LAIF that will provide adequate liquidity, as determined by the Treasurer, in the event that maturities in the Portfolio are not sufficient to fund operations, and securities cannot be sold to generate additional cash. C. Policies To Achieve Investment Return Objectives The policies set forth in this Section enable the City to achieve the yield objectives established for the Portfolio. 1. Yield Objective The City’s Portfolio is structured to attain a market-average rate of return through the ups and downs of various economic cycles. The performance measure used for the Portfolio is the yield achieved by the LAIF. This portfolio, managed by the California State Treasurer’s Office, establishes a standard for public funds in California. 2. Portfolio Management Style Management styles for fixed income portfolios range from a passive “buy and hold” approach to an extremely active “day trader” approach. It is the Policy of the City to 19 manage the Portfolio in a semi-active style, in order to enhance the overall yield on the Portfolio. In employing a semi-active style, investments will not be purchased with the sole objective of holding them until maturity. Investments can and will be sold prior to maturity if advantageous to the City. At the same time, however, buying solely in order to arbitrage and resell the investment constitutes speculation, and this practice is expressly prohibited. 3. Portfolio Maturity Management As stated in Sections III.A.4. and III.B.3., when structuring the maturity composition of the Portfolio it is the Policy of the City to minimize interest rate risk and ensure adequate liquidity. Likewise, it is City Policy to evaluate current and expected interest rate yields and to invest accordingly, recognizing that the longer the time remaining to maturity for a security, the greater the price fluctuation which could occur, given changes in economic conditions and interest rate levels. 4. Bond Swaps The City takes advantage of security swap opportunities to improve Portfolio yield. A swap that improves Portfolio yield may be selected even if the transaction results initially in a loss. (See Section V.E.) 5. Competitive Bidding, Negotiation It is recognized that competitive bidding and negotiation for lower prices are two techniques that can enhance overall Portfolio yields. It is the Policy of the City to utilize one or both techniques, depending on the circumstances surrounding the transaction, when obtaining offers for the purchase of securities, or bids for the sale of securities. 6. Securities Lending a. Overview A securities loan is a transaction in which the owner of a security (the City) agrees to lend a security to a borrower (broker/bank) under terms negotiated at the time of the loan. During the period that a security is out on loan, the lender continues to have all the benefits of ownership. All interest or dividend income belongs to the lender. During the term of the loan, the borrower (broker/bank) pays a fee or interest to the lender (the City). During the term of the loan, the borrower must post collateral in the form of either cash or direct U.S. government and agency securities. The required collateral will always be in excess of the borrowed amount and be monitored by both parties. The term of the loan can be as short as overnight but usually averages 5 to 10 days. b. Policy It is the City’s Policy to enter into a securities lending program to enhance investment return. Securities lending will only be transacted with a written agreement approved by the City Attorney. The written agreement will detail: 20 (1.) Acceptable types of collateral (2.) Standards of collateral custody and control (3.) Collateral valuation and initial margin (4.) Accrued interest, mark-to-market, and margin calls (5.) Method for transmitting security income (6.) Acceptable methods for delivery of securities and collateral (7.) Conditions that will terminate the loan D. Policies To Encourage Local Development 1. Program Description In accordance with current Council policies on the facilitation of local economic development, and the legal direction cited in Section I.A.5. of this Policy, local financial institutions will be utilized to provide investment products for a portion of the City’s Portfolio. Such products will not necessarily result in maximum earnings for the Portfolio. However, the loss of short-term investment yields may be offset by the potential expansion of the tax base. Local financial institutions eligible for participation in this program are defined as: any financial institution whose deposits are insured by the Federal Deposit Insurance Corporation (for commercial and savings banks), the Savings Association Insurance Fund (for savings and loan associations), and the National Credit Union Share Insurance Fund (for credit unions) and organized and chartered under the laws of the United States or the State of California (collectively, the Institution), which also satisfies each of the following: (i) the Institution was founded and is headquartered in Fresno, Madera, Merced, Kings or Tulare County; (ii) the Institution shall be able to collateralize City funds in accordance with California GC Section 53652; and/or the Institution shall be able to use a private sector entity that assists in the placement of certificates of deposit in accordance with California GC Section 53601.8; (iii) if the Institution is a commercial bank, it shall have and maintain a Community Reinvestment Act (CRA) assessment area that includes all or substantially all of the low and moderate income census tracts in Fresno County and its most recent publicly available CRA rating in California is Satisfactory or Outstanding; and (iv) if the Institution is a credit union, a savings and loan association, or a savings bank, it shall have met the minimum operating standards required by its appropriate Federal or State regulatory body . Local broker-dealers may be used if they can supply the requisite investment instruments needed for the Investment Portfolio. 2. Program Objectives The objectives of the Program are to partner with local financial institutions with invested funds to be used for the economic development, housing investment and 21 other community services for Fresno, and to achieve a local preference for Fresno broker-dealers who can provide the necessary financial products to the City. 3. Apportionment The Program will earmark up to fifteen million dollars ($15,000,000) of the Portfolio for placement with local financial institutions. 4. Program Conditions For Local Financial Institutions a. Financial Institution Questionnaire All local financial institutions interested in the Program must complete a Depository Questionnaire (See Appendix A) and provide current and prior year audited financial statements, as well as the most recent quarterly statement of financial conditions. In the case of a bank, the bank’s latest CRA Report shall be submitted. For all other local financial institutions, their latest publicly available regulatory report shall be submitted. (See also Section V.C.1.) b. Collateral Requirements A local financial institution participating in the Program must be willing and able to collateralize City deposits in accordance with California GC Section 53652. Alternatively, the local financial institution must be able to use a private sector entity that assists in the placement of certificates of deposit, in accordance with GC Section 53601.8. c. Economic Development Time deposits, as evidenced by a certificate, or a statement of the City’s deposit, may be placed with those local financial institutions who qualify by certifying in the Depository Questionnaire that they have made loan(s) amounting to at least $250,000 in any of the City of Fresno’s low-income census tracts. If applicable, qualified institutions offering the highest interest rates will be given preference. d. Other Conditions (1.) An executed Contract For Deposit of Moneys per GC Section 53649 (2.) Collateralization required in accordance with GC Section 53652 or FDIC insurance in accordance with GC Section 53601.8 (c.) (3.) Waiver of collateral permissible per GC Section 53653 (4.) A certificate or statement evidencing the deposit and its terms is required (5.) No pending bank material adverse financial events (6.) No conflicts of interest with City officials 22 (7.) Satisfactory Community Reinvestment Act rating 5. Program Conditions For Broker-Dealers a. Selection of Participant(s) Local broker-dealers will be surveyed and selected in accordance with Section V.C.2. of this Policy. b. Maintenance of “Good Standing” The successful broker-dealer(s) and their firm must remain in good standing with the Securities and Exchange Commission (the “SEC”), the National Association of Securities Dealers (the “NASD”), and the State of California, in accordance with Section 25004 of the Corporations Code. c. Selection of Investment Instruments Investment instruments will be selected in accordance with Section III.A.1.a. of this Policy. IV. INVESTMENT FUNCTION ORGANIZATIONAL STRUCTURE A. Department of Finance The Director of the City of Fresno’s Department of Finance serves as the City’s Controller and Treasurer. He/she is responsible for providing the necessary organization and resources to maintain the City’s financial standing. Divisions reporting to the Director are: 1. Financial Services Division a. Accounting Section This Section is responsible for central financial management functions, such as processing accounts payable, fixed asset management, enterprise and general accounting, grants management, and preparation of the City’s ACFR and State Controller’s Report. b. Payroll Section This Section is responsible for processing the City’s bi-weekly payroll and ensuring adherence to and proper application of all bargaining unit agreements. 23 c. Treasury Section This Section is responsible for management of the City’s Investment Portfolio, daily cash management, debt administration, and bank reconciliations. d. Collections Section This Section is responsible for collection of various City of Fresno delinquent claims against others. e. Business Tax & Permits Section This Section is responsible for collecting taxes on business enterprises in the City of Fresno and issuing licenses and permits for certain regulated activities and events. B. Treasury Section Responsibilities and Staffing – Investment Program Per GC 41006 1. Treasurer The Director of Finance/City Controller also serves as the City’s Treasurer. The Treasurer establishes overall policy, direction, and strategy for the City’s investment program. He/she also sets overall policy, direction and strategy with regard to cash receipts processing and coordination of bank relations. The Treasurer may approve investments made by the Treasury Officer. The Treasurer establishes internal controls to the maximum extent permitted by budgetary constraints for the safeguarding and protection of all City assets. A primary method of effecting good internal controls is a segregation of duties as detailed in this Section IV of the Policy. 2. Assistant Controller (a deputy per GC 41006) The Assistant Controller may approve investments made by the Treasury Officer. 3. Treasury Officer (a deputy per GC 41006) The Treasury Officer is responsible for executing the policies/strategies developed by the Treasurer and monitors the daily operations of the Treasury Section. The Treasury Officer monitors daily market activity, confers with broker-dealers and banks, and selects investments for the City’s Investment Portfolio. The Treasury Officer makes recommendations for policy changes, strategies and procedures for accomplishing Treasury goals and objectives. 4. Accountant-Auditor II (a deputy per GC 41006) Two Accountant-Auditor IIs in the Treasury Section, under the supervision of the Treasury Officer, are responsible for daily cash management. They are also responsible for accounting for investment transactions and preparing the monthly investment reports. 24 C. Compensation Agreement The Treasurer will charge all City Departments with funds in the Portfolio for administrative and overhead costs to manage the Portfolio. The Treasurer shall annually prepare a proposed budget, providing a detailed itemization of all estimated costs that comprise the administrative fee charged. Costs include, but are not limited to, Portfolio management, bank and custodial fees, software maintenance fees, and other indirect costs incurred in connection with handling or managing funds. The administrative fee may be subject to change and may be increased or decreased throughout the year in order to cover the costs of managing the Portfolio. V. INVESTMENT OPERATING PROCEDURES A. Investment Program Development 1. Overview The investments of the City of Fresno are administered according to an investment program. The program is formulated by the Treasurer with the overall review and approval of the City Manager. The Treasurer shall evaluate the program at least monthly and recommend any changes that he/she feels to be warranted. 2. Program Organization The Treasury Officer shall review the investment program daily to analyze performance and monitor any variances from the Policy. Results will be reported monthly to the Treasurer, and, in turn, the City Manager, Mayor and the City Council. 3. Program Operations The investment program is developed by the Treasurer, Assistant Controller, Treasury Officer, Senior Accountant-Auditor or Accountant-Auditor II through the following procedures: a. Observe and summarize economic and market analysis b. Forecast available cash for investment. See III. B. 1. c. Formulate strategies concerning (1.) Asset mix (2.) Investment instruments (3.) Maturities (4.) Target yields d. Monitor performance against the current investment program e. Evaluate any reasons for variance 25 B. Market and Economic Analysis 1. Overview The Treasury Officer will be responsible for routinely performing market and economic analysis to support investment strategy development and program planning. This analysis will be performed using information obtained from investment advisors and brokers, as well as original data. The objective of the market and economic analysis will be to forecast probable market conditions for the period for which investments are planned. 2. Data Analysis Economic and market analysis is performed routinely by assembling and analyzing current and trend data. Market analysis utilizes, for example, the following types of data: a. Basis point changes b. Tracking of individual securities c. Shape of the yield curve d. Yield curve movements C. Selection Criteria For Local Financial Institutions and Broker-Dealers 1. Selection Criteria for Local Financial Institutions a. Minimum Criteria For Selection The Treasurer may approve a local financial institution if all the following criteria are met: (1.) The financial institution must provide insurance to its depositors through the FDIC, the Savings Association Insurance Fund (SAIF), or the National Credit Union Share Insurance Fund (NCUSIF). (2.) Only local financial institutions organized and chartered under the laws of the State of California or the laws of the United States shall be appointed as depositories of City funds. (3.) The institution must be willing and able to collateralize City funds in accordance with California GC Section 53652. (4.) Alternatively, an institution must be able to use a private sector entity that assists in the placement of certificates of deposit that will be insured in accordance with GC Section 53601.8 (c). 26 (5.) The institution must complete a City of Fresno Deposit Questionnaire. (See Appendix A) 2. Selection Criteria For Broker-Dealers The Treasurer shall maintain an approved list of securities broker-dealers with whom the City may conduct security transactions. Only those broker-dealers on the approved list are entitled to submit quotations and transact business with the City. Any broker-dealer failing to maintain the minimum criteria outlined below will be deleted from the approved list. a. Regulated Broker-Dealers Only approved broker-dealers will be used for investment transactions. Broker- dealers must be regulated by the SEC, be members in good standing of the NASD, and be licensed by the State of California. b. Broker-Dealer Certification Each broker-dealer must complete the Broker-Dealer Certification (Appendix B) before conducting investment business with the City. c. Broker-Dealer Diversification There is no minimum or maximum number of broker-dealers that may be used by the City. The Treasurer may limit the number of broker-dealers with whom the City may do business. d. Removal From Approved List If, in the judgment of the Treasurer, a broker-dealer is considered to be placing the City’s investments at risk, removal from the approved list can be done immediately. D. Instrument Selection 1. Liquidity Needs Investments are ordinarily selected according to anticipated cash needs. The City’s normal operating cycle results in a larger need for liquidity during the months of November, December, and June. Investments shall be made with these requirements in mind. 2. Portfolio Structure and Policy Guidelines The Treasury Officer will consider the composition of the current Portfolio and determine whether the securities being considered will maintain the Portfolio within Policy guidelines. 27 3. Current and Expected Yield Curve Analysis The Treasury Officer will monitor the current and expected yield curves. When interest rates are expected to decline, consideration will be given to extending weighted average maturity of the Portfolio within Policy constraints. When interest rates are expected to increase, consideration will be given to shortening the weighted average maturity of the Portfolio. 4. Yield Spread Analysis The Treasury Officer will monitor yield spreads among various Government Agency issues and U.S. Notes and Bonds. E. Bond Swaps 1. Overview One element of active investment management includes swapping a bond held in the City’s Portfolio for a comparable bond in the marketplace. The purpose of such a transaction is to enhance the overall yield on the Portfolio. 2. Criteria For Swaps A security swap may be considered if: a. The overall yield of the Portfolio after the swap does not decrease b. The maturity date of the new security is not more than two years longer than the maturity of the old security. 3. Criteria For Analyzing Swap Candidates Documentation of the incremental gain from doing a swap, as shown through an analysis similar to that provided by Bloomberg’s “Swap-Switch Book Analysis” will be maintained with the City’s permanent accounting documents. 4. Identification of Swap Candidates Swaps may also be suggested by broker-dealers who are on the City’s approved list. Consistent with other parts of this Policy, all purchases and sales can be competitively bid. If a particular swap is recommended by a broker-dealer, and that broker-dealer has the best bid as determined by the Treasury Officer, the broker- dealer who made the recommendation will be awarded the swap. 5. Categories of Swaps The basic types of swaps are as follows: a. Swaps to Increase Yield 28 Aberrations in the market are often caused by supply and demand conditions for particular securities. If a short supply exists in a particular maturity range, for example, it may often be advantageous to swap out the security in short supply for another similar security in a different maturity range. b. Swaps to Increase Portfolio Quality Occasionally the demand for a particular security can create a situation where the security yields the same or less than an equivalent security with a higher rating. An improvement in Portfolio quality can thus be obtained by swapping the former security for the latter issue. F. Certification A copy of this Policy will be provided to the senior management of any financial institution, dealer, or broker-dealer wishing to transact investment business with the City in order that it be apprised of the investment goals of the City. Before business is transacted with the firm, a certification must be signed by a senior member of the firm. VI. PERFORMANCE EVALUATION AND REPORTING Investment performance is continually monitored and evaluated by the Treasurer and Treasury staff. Investment performance statistics and activity reports are generated by the City’s automated investment accounting system. The Treasury Section will produce summary reports on a monthly basis for review by the Mayor, City Manager, City Council and Internal Auditor. A. Standard Monthly Reports The following reports will be produced monthly and be included among the Treasurer’s monthly activity reports. 1. Month-end Report The month-end balance of operating funds, in the form of the bank balance, which has been reconciled with the balance in the City’s Munis accounting system, will be reported. (The bank reconciliation shall be available upon request.) The month-end Portfolio holdings will be shown by category of investment, showing the total book value, the total par value, the total market value, and the total expected returns of each category of investment. The rate of return on the Portfolio will be presented, both month-to-date and for the previous rolling twelve months. Additionally, the total earned interest on the Portfolio is shown, both month-to-date and year-to-date. (More detailed reports concerning the investments themselves shall be available upon request.) 2. Maturity Distribution Report The month-end Portfolio holdings will be shown in a table by category of investment and grouped by the remaining maturity. A bar chart will also show the distribution of the par value by maturity. 29 3. Portfolio Position Detail The complete list of month-end Portfolio holdings will be shown by category of investment. The listing will display each holding’s issuing institution, CUSIP number, coupon rate, yield to maturity, purchase date, maturity date, par value, amortized value, market value, and ending unit price. 4. Custom Reports Are Available On Request B. Changes To The Policy The City Council is encouraged by GC Section 53646 and required by FMC Section 7- 104 to consider and approve an Investment Policy at least annually. Following adoption of the Policy, the Council must approve material changes or revisions to the Policy as well. 30 APPENDIX A CITY OF FRESNO FINANCE DIVISION/TREASURY SECTION 2600 FRESNO STREET, ROOM 2156 FRESNO, CALIFORNIA 93721 DEPOSITORY QUESTIONNAIRE AND CERTIFICATION (Please type in response.) 1. Name of Depository 2. Address: Corporate: 3. Primary Representative: Alternate: Name: Name: ______________________________ Title: Title: ________________________________ Phone: (800) Phone: (800) 4. Check the investment instruments offered by your institution. Instrument Types U.S. Treasuries Government Sponsored Corporations Bankers Acceptances Commercial Paper Certificates of Deposit Repurchase Agreements Reverse Repurchase Agreements Medium-term Corporate Notes/Bonds Mutual Fund Shares Asset-Backed Securities 31 5. Explain your collateral practices and policies for public fund deposits. Does the depository consistently have collateral available in amounts exceeding $1 million? In what form are public deposits collateralized? 6. Does the depositor have the option to select the type of collateral? If so, does the interest rate vary according to the collateral? Explain. 7. Does the bank utilize a private sector company that assists in the placement of certificates of deposit, with Insuring Institutions such as Promontory Interfinancial Corporation LLC, through its Certificate of Deposit Account Registry Service (“CDARS”)? 8. Explain your methodology for establishing interest rates on public fund deposits. Are rates driven off a standardized market index? Are rates set in correlation with specific loan demands upon the depository? 32 9. As of your last fiscal year end, did the depository exceed the minimum standards established by thrift regulators for tangible capital, core capital, and risk-based capital? If not, explain. Include annual reports for the last three years. 10. Has your depository ever been subject to an investigation or receivership proceedings by a regulatory agency? If so, explain. 11. Does your depository prepare periodic announcements or press releases relating to the performance of the depository? If so, please include the most recent release. 12. Are there any fees or charges for doing business with your institution? Discuss your policy on early withdrawals of time deposits. Include the contract your depository uses for public fund deposits. 33 13. Has your depository ever been subject to an investigation or found to be in violation of the Community Reinvestment Act of 1977, or any other pertinent regulatory agency laws or regulations? Explain your policies (if applicable) for compliance with this Act. 14. Within the preceding year, has your depository made a loan or loans amounting to at least $250,000 in a low-income census tract within the City of Fresno? 15. Please describe any of the depository’s business development or job creation programs. 16. Is your depository founded and headquartered in any one of the five counties of Fresno, Madera, Tulare, Kings, or Merced? 34 Certification (To be signed by a person authorized by corporate resolution or by similar proceedings to make representations on behalf of the responding institution.) I hereby certify that I have personally read the Investment Policy and Objectives of the City of Fresno for Fiscal Year _________, ending June 30, _________, and have directed staff assigned to the City’s account to do the same. The standards of this Policy will apply to all investments subsequent to its effective date as determined by the Fresno City Council. Furthermore, I agree to personally read any changes or amendments to this Investment Policy which may be submitted by the City. This institution has in place procedures and a system of controls to preclude imprudent investment activities arising out of transactions conducted between our institution and the City of Fresno. All assigned personnel to the City’s account will be routinely informed of the City’s investment objectives, horizon, strategies and risk constraints whenever I am so advised by City personnel. Either I, or an assigned representative, will notify City staff immediately by telephone and in writing in the event of a material adverse change in our financial condition. I pledge to exercise due diligence in informing City staff of all foreseeable risks associated with financial transactions conducted with this institution. I attest to the accuracy of the responses within this questionnaire. Signed: ___________________________ Name: ____________________________________ Title: ______________________________ Date: ______________________________________ Attest: Name: _____________________________________ Title: Date: ______________________________________ 35 APPENDIX B City of Fresno Finance Department 2600 Fresno Street, Room 2156 Fresno, California 93721 (559) 621-7004, fax (559) 488-4636 www.fresno.gov BROKER/DEALER REQUEST FOR INFORMATION SECTION 1: STATEMENT OF POSITION AND GENERAL REQUIREMENTS The City of Fresno (hereinafter referred to as the "Government") is a statutory (home rule) Government operating under the laws of the State of California. The Government manages an operational portfolio ranging in size from 250 million to 300 million dollars, which is comprised mainly of U.S. agency obligations, corporate notes, treasury notes, and selected money market instruments. The Government has adopted a written Investment Policy which regulates the standards and procedures used in its cash management activities. A copy of the Investment Policy is attached as an Appendix to this document. The Government maintains relationships with qualified members of the broker/dealer community who, in their opinion, understand the needs, constraints, and goals of the Government. Broker/dealers will be notified of their approval by the Government in writing. No transactions will be conducted with an approved broker/dealer until all paperwork required by both parties has been executed. The Government solicits competitive bids and offers on the majority of its transactions. All securities will be delivered against payment to the third- party custodian named by the Government. Government personnel will review and substantiate all information and references requested in the document; therefore, please answer all questions as thoroughly as possible. SECTION II - PART I: REQUEST FOR GENERAL INFORMATION FROM BROKER/DEALER CANDIDATE 1. Name of Firm 2 Address-Local Headquarters (Provide both street address and/or P.O. Box No., if applicable) 3. Telephone No. Local ( ) (800) Headquarters ( ) 36 4. Contact personnel: (provide as an attachment if more space is required) Name Title Telephone No. Name Title Telephone No. Name Title Telephone No. 4a. Provide background information concerning the account representative listed in No. 4 above. Please include information on the individual's employment history as it relates to the securities industry, official licenses and certificates, the history and details of any disciplinary actions or complaints and the disposition of each as well as the history of any arbitration or litigation, the nature of the case and status or disposition. 5. Please provide the following information regarding at least four comparable clients with whom any of the representatives listed in No. 4 has an established relationship. We would prefer public sector clients in our geographical area, if possible. Client Name Address Person to contact Telephone No. Length of relationship 37 Client Name Address Person to contact Telephone No. Length of relationship Client Name Address Person to contact Telephone No. Length of relationship Client Name Address Person to contact Telephone No. Length of relationship 6. Has/have the representative(s) listed in No. 4 above been authorized by the firm to be account representative(s) for City of Fresno, California? Yes No If yes, by whom? 7. Please list the name of the immediate supervisor of the account representative(s) named in your response to No. 4 above. 38 8. Briefly describe any formal program of supervision of the account representative(s) named in No. 4, if your firm has established such a program. 9. Is the firm either licensed or supervised by the Securities Exchange Commission and the National Association of Securities Dealers? If not, why not? 10. Place an "X" by each regulatory agency that your firm is examined by and/or is subject to its rules and regulations. FDIC SEC NYSE Comptroller of Currency Federal Reserve System Other (example: State Regulatory Agency). Multi-state firms please note: It is not necessary to include regulatory agencies which do not have jurisdiction over your firm's activities in Fresno, California. 11. Have you obtained all required licenses to operate as a broker/dealer in the state of California? Yes No 12. If you are not a Bank, please provide the following information regarding your principal banking relationship. Bank Name Address Person to contact Telephone No. Length of relationship 13. Is the firm a primary dealer in U.S. Government Securities? Yes If so, how many years? No 39 14. Indicate the investment instruments offered regularly by the firm by placing a check- mark next to the type of instrument. Is the firm a primary dealer in U.S. Government Securities? Instrument Types Check if Applicable U.S. Treasuries Government Sponsored Corporations Bankers Acceptances Commercial Paper Certificates of Deposit Repurchase Agreements Reverse Repurchase Agreements Medium-term Corporate Notes/Bonds Mutual Fund Shares Asset-Backed Securities 15. Does your firm specialize in any of the instruments listed above? If so, please specify which ones. 16. Has the firm ever been notified in writing by a public-sector client that the firm or a firm representative was in part responsible for a loss on a securities transaction? If so, explain. 17. Has the firm ever been subject to a regulatory or state or federal agency investigation for alleged improper, fraudulent or disreputable activities in connection with a public- sector client? If so, explain. 40 Section II-Part II: Request for Broker/Dealer Candidate Disclosure 18. To the best of your knowledge, has there been any "material" litigation, arbitration or regulatory proceedings, either pending, adjudicated or settled, that your firm has been subject to within the last five years that involved issues concerning the suitability of the sale or purchase of securities to institutional clients or fraudulent or unfair practices related to the sale of securities to an institutional client? If so, please describe each such matter briefly. For purposes of this section, proceedings are "material" if your independent accountant applying generally accepted accounting principles determines that such proceedings required disclosure on your financial statements. 19. Explain the firm's practices for monitoring credit quality of institutions. Does the firm have internal expertise in this area? 20. What was the firm's capital position as of last fiscal year end? 21. Are there any fees or charges for doing business with your institution? If so, include a complete schedule of fees and charges. 22. Please provide certified audited financial statements for the last three years. In addition, for those dealers preparing and submitting financial statements to the following organizations, please provide publicly available financial documents filed with these agencies for the previous two years: National Association of Securities Dealers Securities and Exchange Commission New York Stock Exchange Federal Deposit Insurance Corp. 41 CERTIFICATION (To be signed by a person authorized by corporate resolution or by similar proceedings to make representations on behalf of the responding institution.) I hereby certify that I have personally read the Investment Policy and Objectives of the City of Fresno for Fiscal Year ____________, ending June 30, ____________, and have directed staff assigned to the City's account to do the same. The standards in this Policy will apply to all investments subsequent to its effective date, as determined by the Fresno City Council. Furthermore, I agree to personally read any changes or amendments to this Investment Policy, which may be submitted by the City. This firm has in place procedures and a system of controls to preclude imprudent investment activities arising out of transactions conducted between our institution and the City of Fresno. All assigned personnel to the City's account will be routinely informed of the City's investment objectives, horizons, strategies and risk constraints whenever I am so advised by City personnel. Either I or an assigned representative will notify City staff immediately by telephone and in writing in the event of a material adverse change in our financial condition. I pledge to exercise due diligence in informing City staff of all foreseeable risks associated with financial transactions conducted with this institution. I attest to the accuracy of the responses within this questionnaire. Signed: Name: Title: Date: Attest: Name: Title: Date: 42 APPENDIX C Glossary of Cash Management Terms The following is a glossary of key investment terms, many of which appear in the City of Fresno Investment Policy. Accrued Interest - The accumulated interest due on a bond as of the last interest payment made by the issuer. Agency Note (or Federal Agency or United States Government-Sponsored Enterprise) - A debt security issued by a federal or federally sponsored agency. Federal agencies are backed by the full faith and credit of the U.S. Government. Federally sponsored agencies (FSAs) are backed by each particular agency with a market perception that there is an implicit government guarantee. An example of federal agency is the Government National Mortgage Association (GNMA). An example of a FSA is the Federal National Mortgage Association (FNMA). All Available Funds – All monies deposited in the City of Fresno Treasury at any one time, which may be used for operations or are available for investment. The total amount of surplus funds and operating funds which the City of Fresno may legally claim at any one time. Amortization - The systematic reduction of the amount owed on a debt issue through periodic payments of principal. Average Life - The average length of time that an issue of serial bonds and/or term bonds with a mandatory sinking fund feature is expected to be outstanding. Banker’s Acceptance - Bill of exchange or time draft drawn on and accepted by a commercial bank. With the credit strength of the bank behind it, the banker’s acceptance usually qualifies as a money market instrument. Barbell – Portfolio management strategy in which funds are concentrated in both short term and long-term type of investments, with little to nothing in mid-term securities. Designed to provide liquidity while at the same time capturing higher yields from longer term investments. Basis Point - A unit of measurement used in the valuation of fixed-income securities equal to 1/100 of 1 percent of yield, e.g., “1/4” of 1 percent is equal to 25 basis points. Bid - The indicated price at which a buyer is willing to purchase a security or commodity. Book Value - The value at which a security is carried on the inventory lists or other financial records of an investor. The book value may differ significantly from the security’s current value in the market. Broker-Dealer – An investment securities sales firm that has the ability to both arrange for sales of securities, as well as buying securities for its inventory. Callable Bond - A bond issue in which all or part of its outstanding principal amount may be redeemed before maturity by the issuer under specified conditions. 43 Call Price - The price at which an issuer may redeem a bond prior to maturity. The price is usually at a slight premium to the bond’s original issue price to compensate the holder for loss of income and ownership. Call Risk - The risk to a bondholder that a bond may be redeemed prior to maturity. Capital – Funds which may be invested in various projects, ventures, or enterprises. Cash Sale/Purchase - A transaction which calls for delivery and payment of securities on the same day that the transaction is initiated. CDARS – Certificate of Deposit Account Registry Service is the copyrighted deposit placement service offered through Promontory Interfinancial Network LLC (Promontory). Through this service, Promontory attempts to place time deposits (CDs) issued by Insured Institutions within the Promontory network in principal amounts that will not exceed the Standard Maximum Insurance Amount (SMDIA) for deposits of one depositor at one Insured Institution (currently $250,000). CDARS is a proprietary process owned by Promontory that allocates orders submitted by participating financial institutions on behalf of their depositors on dates (Order Dates) specified by Promontory. CDARS Deposit Placement Agreement – Contract between depositor and participating depository financial institution for the placement of time deposits with other participating depository financial institutions by the contracted participating depository financial institution, through Promontory Interfinancial Network LLC (Promontory), utilizing Promontory’s Certificate of Deposit Account Registry Service (CDARS). Certificates of Deposit (non-negotiable) – Receipts for funds deposited in a bank or savings and loan association for a specified period of time at a specified rate of interest. The first $250,000 is guaranteed by the Federal Deposit Insurance Corporation (FDIC) for banks, the Federal Savings and Loan Insurance Corporation (FSLIC) for savings and loan associations and the National Credit Union Share Insurance Fund (NCUSIF) for credit unions. Collateralization - Process by which a borrower pledges securities, property, or other deposits for the purpose of securing the repayment of a loan and/or security. Collateralized Mortgage Obligation – Mortgage-backed bond separating mortgage pools into different maturity classes. Commercial Paper - An unsecured short-term promissory note issued, with maturities ranging from 1 to 270 days, issued by banks, corporations, and other borrowers to investors with temporarily idle cash. Such instruments are unsecured and usually discounted. Consumer Receivable-backed Bond - See Consumer Receivable Pass Through. Consumer Receivable Pass Through – Debt instrument secured by consumer receivables such as credit card receivables. Payments are passed through to the investor direct from the underlying receivable. 44 Convexity - A measure of a bond’s price sensitivity to changing interest rates. A high convexity indicates greater sensitivity of a bond’s price to interest rate changes. Coupon Rate - The annual rate of interest received by an investor from the issuer of certain types of fixed-income securities. Also known as the “interest rate.” Counterparty – Other party to a transaction. Buyers and sellers are counterparties to each other, for example. Credit Quality - The measurement of the financial strength of a bond issuer. This measurement helps an investor to understand an issuer’s ability to make timely interest payments and repay the loan principal upon maturity. Generally, the higher the credit quality of a bond issuer, the lower the interest rate paid by the issuer because the risk of default is lower. Credit quality ratings are provided by nationally recognized rating agencies. Credit Risk - The risk to an investor that an issuer will default in the payment of interest and/or principal on a security. Current Yield (Current Return) - A yield calculation determined by dividing the annual interest received on a security by the current market price of that security Custodian – Bank or other financial institution having custody or possession of the assets of another business or individual for the purpose of safekeeping. Debt Instrument – Any of a number of obligations to repay funds or monies borrowed, usually with interest. Examples include loans, mortgages, bonds, debentures, and certificates of deposit. Default – Failure to repay a debt obligation. Delivery Versus Payment (DVP) - A type of securities transaction in which the purchaser pays for the securities when they are delivered either to the purchaser or his/her custodian. Discount - The amount by which the par value of a security exceeds the price paid for the security. Diversification - A process of investing assets among a range of security types by sector, maturity, and quality rating. Equipment Lease-backed Security – Debt instrument backed by equipment leases. Repayment comes from lease payments by the lessee on equipment leased. Fair Value - The amount at which an investment could be exchanged in a current transaction between willing parties, other than in a forced or liquidation sale. FDIC – Federal Deposit Insurance Corporation. An agency of the United States Government that insures bank deposits against loss of principal in the accounts of the bank’s depositors, up to a maximum amount of funds deposited per account (currently $100,000). Federal Funds - Fed Funds - Funds placed in Federal Reserve banks by depository institutions in excess of current reserve requirements. These depository institutions may lend fed funds to each 45 other overnight or on a longer basis. They may also transfer funds among each other on a same-day basis through the Federal Reserve banking system. Fed funds are considered to be immediately available funds. Federal Funds Rate - Interest rate charged by one institution lending federal funds to the other. GASB – Governmental Accounting Standards Board GASB 3 – GASB Pronouncement providing direction and guidance on how a government’s cash and investments are to be presented in the government’s Comprehensive Annual Financial Report. GASB 31 – GASB Pronouncement providing further direction and guidance on how a government’s cash and investments are to be presented in the government’s Comprehensive Annual Financial Report. It requires that the fair value of the government’s investments be presented. GASB 40 – Revises GASB 3 to require additional disclosure of the degree of risk associated with a government’s investment portfolio. GASB 72 - GASB Pronouncement with respect to a government’s cash and investments. It provides guidance for determining a fair value measurement for financial reporting purposes. Government Securities - An obligation of the U.S. government, backed by the full faith and credit of the government. These securities are regarded as the highest quality of investment securities available in the U.S. securities market. See “Treasury Bills, Notes, and Bonds.” Government Sponsored Enterprise – See Agency Notes. Indenture – Agreement between bondholders, trustee and issuer, in which issuer agrees to repay monies borrowed from bondholders. Specifies how proceeds of bond issue may be used. Insured Institution – Term used to describe a financial institution that is one of the participants in the Promontory Interfinancial Network, LLC. These are banks who agree to accept a time deposit and issue a Certificate of Deposit (“CD”) to a depositor in an account that is insured by the Federal Deposit Insurance Corporation (“FDIC”). The principal, along with aggregated interest in this account, shall not exceed the Standard Maximum Deposit Insurance Amount (“SMDIA”) offered by the FDIC (currently $100,000 per account.) Interest Rate - See “Coupon Rate.” Interest Rate Risk - The risk associated with declines or rises in interest rates which cause in investment in a fixed-income security to increase or decrease in value. Inverted Yield Curve - A chart formation that illustrates long-term securities having lower yields than short-term securities. This configuration usually occurs during periods of high inflation coupled with low levels of confidence in the economy and a restrictive monetary policy. Investment Company Act of 1940 - Federal legislation which sets the standards by which investment companies, such as mutual funds, are regulated in the areas of advertising, promotion, performance reporting requirements, and securities valuations. 46 Investment Policy - A concise and clear statement of the objectives and parameters formulated by an investor or investment manager for a portfolio of investment securities. Investment-grade Obligations - An investment instrument suitable for purchase by institutional investors under the prudent person rule. Investment-grade is restricted to those obligations rated BBB or higher by a rating agency. Inverse Floaters – Debt securities paying an interest rate that floats inversely with a specified index, such as the T-Bill rate. For example, as the T-Bill rate rises, the Inverse Floater rate will decline. Issuer – An issuer of debt, for example, bonds, is a borrower of funds in the debt markets. Liquidity - An asset that can be converted easily and quickly into cash. Local Agency Investment Fund (LAIF) – Fund managed by the California Treasurer’s Office, offering local agencies the opportunity to invest surplus funds at better than average market rates of return with same-day liquidity. Mark-to-market - The process whereby the book value or collateral value of a security is adjusted to reflect its current market value. Market Risk - The risk that the value of a security will rise or decline as a result of changes in market conditions. Market Value - Current market price of a security. Maturity - The date on which payment of a financial obligation is due. The final stated maturity is the date on which the issuer must retire a bond and pay the face value to the bondholder. See “Weighted Average Maturity.” Medium-term Notes - All corporate and depository institution debt securities with a maximum of five years or less remaining to the date of maturity at the time of purchase, issued by corporations organized and operating within the United States or by depository institutions licensed by the United States or any state and operating within the United States. Money Market Mutual Fund - Mutual funds that invest solely in money market instruments (short- term debt instruments, such as Treasury bills, commercial paper, bankers’ acceptances, repos and federal funds). Mortgage-derived Interest-only Strips - Derivative investment consisting of a series of interest payments from mortgages. Risky because original investment may or may not be paid back. Mortgage Pass-through security – Security that pays investors everything received. All principal and interest received is passed through to the investor. Mortgage-backed Bond – Bond securitized by mortgages. Issued by FNMA and FHLMC for example. 47 Mutual Fund - An investment company that pools money and can invest in a variety of securities, including fixed-income securities and money market instruments. Mutual funds are regulated by the Investment Company Act of 1940 and must abide by the following Securities and Exchange Commission (SEC) disclosure guidelines: 1. Report standardized performance calculations. 2. Disseminate timely and accurate information regarding the fund’s holdings, performance, management and general investment policy. 3. Have the fund’s investment policies and activities supervised by a board of trustees, which are independent of the adviser, administrator or other vendor of the fund. 4. Maintain the daily liquidity of the fund’s shares. 5. Value their portfolios on a daily basis. 6. Have all individuals who sell SEC-registered products licensed with a self-regulating organization (SRO) such as the National Association of Securities Dealers (NASD). 7. Have an investment policy governed by a prospectus which is updated and filed by the SEC annually. National Association of Securities Dealers (NASD) - A self-regulatory organization (SRO) of brokers and dealers in the over-the-counter securities business. Its regulatory mandate includes authority over firms that distribute mutual fund shares as well as other securities. Nationally Recognized Statistical Rating Organization (NRSRO) – Commonly known as a “rating agency,” an organization issuing credit ratings or scores with regard to the credit quality of the debt instruments issued by both public and private entities. Best known examples include Moody’s, Standard and Poor’s, and Fitch. Negotiable Certificate of Deposit – Large dollar amount, short-term certificate of deposit issued by large banks and bought mainly by corporations and institutional investors. They are payable to the bearer or to the order of the depositor and, being negotiable, they are traded in an active market and usually have a maturity less than six months. Net Asset Value - The market value of one share of an investment company, such as a mutual fund. This figure is calculated by totaling a fund’s assets which includes securities, cash, and any accrued earnings, subtracting this from the fund’s liabilities and dividing this total by the number of shares outstanding. This is calculated once a day based on the closing price for each security in the fund’s portfolio. (See below.) [(Total assets) - (Liabilities)]/(Number of shares outstanding) Nominal Yield - The stated rate of interest that a bond pays its current owner, based on par value of the security. It is also known as the “coupon,” “coupon rate,” or “interest rate.” Offer - An indicated price at which market participants are willing to sell a security or commodity. Also referred to as the “Ask price.” Operating Funds – Amount of money needed to meet the operating needs of the City on a daily, weekly, monthly or annual basis. This includes the amount of money needed to pay vendors, employees, bondholders, and other creditors. This is the amount of money normally kept in the City’s bank account to pay City obligations. As specified in the Policy, the target amount for this balance is $15,000,000, on any given day. By contrast, see “Surplus Funds.” Par - Face value or principal value of a bond, typically $1,000 per bond. 48 Pay-through Bond – Bond whose cash flow generated by its underlying security is paid through to investors Positive Yield Curve - A chart formation that illustrates short-term securities having lower yields than long-term securities. Premium - The amount by which the price paid for a security exceeds the security’s par value. Primary Government Dealer – A well-capitalized securities brokerage firm that is required to participate in U.S. Treasury auctions of its debt instruments. Principal - The face value or par value of a debt instrument. Also, may refer to the amount of capital invested in a given security. Promontory Interfinancial Network – A private sector firm that places time deposits (“CDs”), with participating Insured Institutions through Promontory’s CDARS. California Government Code Sections 53601.8 and 53635.8 permit the City to place funds for the purchase of time deposits with Insured Institutions through private sector firms such as Promontory Interfinancal Network. Prospectus - A legal document that must be provided to any prospective purchaser of a new securities offering registered with the SEC. This can include information on the issuer, the issuer’s business, the proposed use of proceeds, the experience of the issuer’s management, and certain certified financial statements. Prudent Person Rule - An investment standard outlining the fiduciary responsibilities of public funds investors relating to investment practices. Range Note – Investment whose coupon payment varies depending on whether the current benchmark falls within a specified range. If it does not, then there is no requirement to pay any interest at all. Range notes have a high coupon as long as a market index remains below a specified level or within a specified range, but a zero percent coupon if it does not. Regular Way Delivery – Securities settlement that calls for delivery and payment on the third business day following the trade date (T+3); payment on a T+1 basis is currently under consideration. Mutual funds are settled on a same day basis; government securities are settled on the next business day. Reinvestment Risk - The risk that a fixed-income investor will be unable to reinvest income proceeds from a security holding at the same rate of return currently generated by that holding. Repurchase Agreement (repo RP) - An agreement of one party to sell securities at a specified price to a second party and a simultaneous agreement of the first party to repurchase the securities at a specified price or at a specified later date. Return on Investment – Interest earnings on other gains as measured a percentage basis with respect to the amount of the investment. Reverse Repurchase Agreement (Reverse Repo) - An agreement of one party to purchase securities 49 at a specified price from a second party and a simultaneous agreement by the first party to resell the securities at a specified price to the second party on demand or at a specified date. Rule 2a-7 of the Investment Company Act - Applies to all money market mutual funds and mandates such funds to maintain certain standards, including a 13- month maturity limit and a 90- day average maturity on investments, to help maintain a constant net asset value of one dollar ($1.00). Safekeeping - Holding of assets (e.g., securities) by a financial institution. Securities Lending Agreement – Agreement between investors and other owners of securities to lend them to broker-dealers and other institutions for short periods of time, in exchange for a negotiable fee. Safety – An objective of portfolio management. Most often refers to maintenance of principal or the prevention of the loss of capital. Selected depository institution- as defined by California GC Sections 53601.8(a) and 53635.8 (a), a nationally or state chartered commercial bank, savings bank, savings and loan association, or credit union within California, that has been contracted by a local agency, to submit local agency funds to a private sector entity that assists in the placement of certificates of deposit (time deposits) with other commercial banks, savings banks, savings and loan associations, or credit unions that are located in the United States, for the local agency’s account. The selected depository institution shall serve as a custodian for each certificate of deposit that is issued with the placement service for the local agency’s account. SMDIA- Standard Maximum Deposit Insurance Amount. This term is defined by Promontory Interfinancial Network LLC as the current FDIC limit of $100,000 per account deposited in a bank account and insured by the FDIC against loss of principal. Surplus Funds – As specified in State law, funds which are not required for the immediate needs of the local agency. The City may invest any portion of these funds it deems wise or expedient in investments set forth in this Policy. See III. A. 1.a. (Contrast operating funds.) Swap - Trading one asset for another. Term Bond - Bonds comprising a large part or all of a particular issue which come due in a single maturity. The issuer usually agrees to make periodic payments into a sinking fund for mandatory redemption of term bonds before maturity. Total Return - The sum of all investment income plus changes in the capital value of the portfolio. For mutual funds, return on an investment is composed of share price appreciation plus any realized dividends or capital gains. This is calculated by taking the following components during a certain time period. (Price Appreciation) + (Dividends paid) + (Capital gains) = Total Return Treasury Bills - Short-term U.S. government non-interest bearing debt securities with maturities of no longer than one year and issued in minimum denominations of $10,000. Auctions of three- and six-month bills are weekly, while auctions of one-year bills are monthly. The yields on these bills are monitored closely in the money markets for signs of interest rate trends. 50 Treasury Notes - Intermediate U.S. government debt securities with maturities of one to 10 years and issued in denominations ranging from $1,000 to $1 million or more. Treasury Bonds - Long-term U.S. government debt securities with maturities often years or longer and issued in minimum denominations of $1,000. Currently, the longest outstanding maturity for such securities is 30 years. Uniform Net Capital Rule - SEC Rule 15C3-1 outlining capital requirements for broker/dealers. Volatility - A degree of fluctuation in the price and valuation of securities. Weighted Average Maturity (WAM) - The average maturity of all the securities that comprise a portfolio. According to SEC rule 2a-7, the WAM for SEC registered money market mutual funds may not exceed 90 days and no one security may have a maturity that exceeds 397 days. When Issued (WI) - A conditional transaction in which an authorized new security has not been issued. All “when issued” transactions are settled when the actual security is issued. Yield - The current rate of return on an investment security generally expressed as a percentage of the security’s current price. Yield-to-call (YTC) - The rate of return an investor earns from a bond assuming the bond is redeemed (called) prior to its nominal maturity date. Yield Curve - A graphic representation that depicts the relationship at a given point in time between yields and maturity for bonds that are identical in every way except maturity. A normal yield curve may be alternatively referred to as a positive yield curve. Yield-to-maturity - The rate of return yielded by a debt security held to maturity when both interest payments and the investor’s potential capital gain or loss are included in the calculation of return. Zero-coupon Securities - Security that is issued at a discount and makes no periodic interest payments. The rate of return consists of a gradual accretion of the principal of the security and is payable at par upon maturity. APPENDIX DCOMPARISON OF STATE AND FRESNO INVESTMENT PARAMETERSBothAuthorized InvestmentsMaximum MaturityQuality RatingMaximum % Limit Of Portfolio Maximum % Limit Of Portfolio Per Single Issuer Maximum % Limit Of Portfolio Maximum % Limit Of Portfolio Per Single Issuer Maximum % of Single Issuer's Debt City of Fresno Debt 5 Years N/A 100% 100% 100% 100% 100%U.S. Treasuries 5 Years N/A 100% 100% 100% 100% 100%California Debt 5 Years N/A 100% 100% 100% 100% 100%Other 49 States Debt 5 Years N/A 100% 100% 100% 100% 100%Cal Local Agency Debt 5 Years N/A 100% 100% 100% 100% 100%GSE Agencies 5 Years N/A 70% 50% 100% 100% 100%Banker's Acceptances 180 Days N/A 40% 30% 40% 30% 100%Commercial Paper 270 Days A-1/P-1 25% 25% 25% 25% 10%Certificates of Deposit 5 Years Insured 30% 30% 30% 30% Shareholders EquityNegotiable CDs 5 Years N/A 30% 30% 30% 30% Shareholders EquityTime Deposits 5 Years Collateral 100% 100% 100% 100% Shareholders EquityShares of Section 6509.7 JPAs N/A N/A 100% 100% 100% 100% 100%GC 53601.8 CDs 5 Years Insured 30% 30% 30% 30% Shareholders EquityRepurchase Agmnts 1 Year Collateral 100% 100% 100% 100% 100%Reverse Repurchase Agmnts 92 Days N/A 20% N/A 20% N/A 100%Securities Lending Agmnts 92 Days N/A 20% N/A 20% N/A 100%Medium-Term Notes 5 Years A 30% 20% 30% 30% 100%Mutual Funds N/A AAA 20% 10% 20% 10% 100%Money Market Funds N/A AAA 20% 20% 20% 20% 100%Mortgage/Asset Backed Debt 5 Years AA 20% 20% 20% 20% 100%LAIF N/A N/A 100% 100% 100% 100% 100%International Bank Recon & Dev 5 Years AA 30% 30% 30% 30% 100%International Finance Corp 5 Years AA 30% 30% 30% 30% 100%Inter-American Development Bank 5 Years AA 30% 30% 30% 30% 100%City of Fresno Policy CA Government Code51 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-991 Agenda Date:6/22/2023 Agenda #:F. REPORT TO THE CITY COUNCIL FROM:HENRY FIERRO, Budget Director Budget and Management Studies Department BY:JUAN RIOS, Principal Budget Analyst Budget and Management Studies Department SUBJECT ***BILL - (For introduction and adoption) - Adoption of Property Tax Override Ordinance (Subject to Mayor’s veto) City of Fresno Printed on 6/29/2023Page 1 of 1 powered by Legistar™ 6/22/2023 TM/AP 7-0 B-21/ORD. 2023-021 REPORT TO THE CITY COUNCIL FROM: HENRY FIERRO, Budget Director Budget and Management Studies Department BY: JUAN RIOS, Principal Budget Analyst Budget and Management Studies Department SUBJECT ..Title ***BILL – (For introduction and adoption) - Adoption of Property Tax Override Ordinance (Subject to Mayor’s veto) ..Body RECOMMENDATION It is recommended that the Council of the City of Fresno adopt the attached Property Tax Override (PTO) Ordinance which will take effect upon adoption as provided in Charter Section 600(b) and 610(b). EXECUTIVE SUMMARY The Proposed FY 2024 Budget assumes a portion of the City’s retirement contributions for employees will be funded through a PTO. Adoption of the attached Ordinance allows General Fund resources, which otherwise will have to be applied to funding these retirement costs, to thereby be freed up to fund other General Fund activities. Failure to adopt the attached Ordinance without adding replacement revenues will result in the General Fund being out of balance. BACKGROUND The City Council and the Mayor must adopt a budget for FY 2024 by June 30, 2023. That budget assumes a portion of the City’s retirement contributions for employees will be funded through a PTO of $0.032438 per $100 of gross assessed valuation. General Fund resources, which otherwise will have to be applied to these retirement costs, will thereby be freed up to fund other General Fund activities. This is a routine Budget action adopted by Council annually. ENVIRONMENTAL FINDINGS N/A LOCAL PREFERENCE N/A FISCAL IMPACT Failure by the City Council to adopt the attached Ordinance without adding replacement revenues will result in the General Fund being out of balance. Attachment: PTO Ordinance City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-928 Agenda Date:6/22/2023 Agenda #: REPORT TO THE CITY COUNCIL FROM:SCOTT L. MOZIER, PE, Director Public Works Department BY:ANDREW J. BENELLI, PE, City Engineer/Assistant Director Public Works Department, Traffic Engineering Division ADRIAN GONZALEZ, Senior Engineering Technician Public Works Department, Land Planning Section SUBJECT HEARING to adopt Resolutions and Ordinance to Annex territory and Levy a Special Tax regarding City of Fresno Community Facilities District Number 11, Annexation Number 144 (Final Tract Map Number 6276) (located on the northwest corner of North Parc West Drive and North Grantland Avenue) (Council District 1) 1. ***RESOLUTION - to Annex Territory to Community Facilities District No. 11 and Authorizing the Levy of a Special Tax for Annexation No. 144 (Subject to Mayor’s Veto) 2. ***RESOLUTION - Calling Special Mailed-Ballot Election (Subject to Mayor’s Veto) 3. ***RESOLUTION - Declaring Election Results (Subject to Mayor’s Veto) 4. ***BILL - (For introduction and adoption) - Levying a Special Tax for the Property Tax Year 2022-2023 and Future Tax Years Within and Relating to Community Facilities District No. 11, Annexation No. 144 (Subject to Mayor’s Veto) RECOMMENDATIONS 1. Adopt Resolution to Annex Territory to Community Facilities District No. 11 and Authorizing the Levy of a Special Tax for Annexation No. 144, 2. Adopt Resolution Calling Special Mailed-Ballot Election, 3. Adopt Resolution Declaring Election Results, and 4. Adopt Ordinance Levying a Special Tax for the Property Tax Year 2022-2023 and Future Tax Years Within and Relating to Community Facilities District No. 11, Annexation No. 144. EXECUTIVE SUMMARY On May 11, 2023, the Council of the City of Fresno (Council) adopted Council Resolution No. 2023- 140 with the intent to annex territory to Community Facilities District No. 11 (CFD No. 11) at the request of the landowner (Lennar Homes) of Final Tract Map No. 6276 (83 Lot Single-Family Home Subdivision). This is the noticed Public Hearing to consider annexing Final Tract Map No. 6276 as Annexation No. 144 to CFD No. 11 to provide funding for the Services (as hereafter defined) pertaining to certain required above ground public improvements associated with this subdivision. City of Fresno Printed on 6/21/2023Page 1 of 3 powered by Legistar™ 6/22/2023 NEW FILE ID 23-1058 REMOVED & CONTINUED TO JUNE 29 File #:ID 23-928 Agenda Date:6/22/2023 Agenda #: pertaining to certain required above ground public improvements associated with this subdivision. The cost for Services is $1,183.73 per lot annually,which includes Final Tract Map No.6276’s share of the Services provided to Parc West Drive.If approved,the recommended resolutions and ordinance will levy a Special Tax on the properties in Final Tract Map No.6276 for identified Services. (See attached Location and Features map.) BACKGROUND Subdivision: 6276 Developer: Lennar Homes Number of Lots: 83 Maximum Special Tax Per Lot: $1,183.73 Features:Certain required above ground public improvements;including Landscaping and irrigation systems;concrete and hardscape improvements,paving,street lights,park hardscaping and amenities. On November 15,2005,the Council adopted Council Resolution No.2005-490 forming CFD No.11 to fund the maintenance of landscaping,open spaces,local streets,local street lights and street furniture,curbs,gutters,sidewalks,street trees and other public facilities and services as defined by the City of Fresno Special Tax Financing Law,Chapter 8,Division 1,Article 3 of the Fresno Municipal Code (City Law). The landowner of Final Tract Map No.6276 has petitioned the City of Fresno to be annexed into CFD No.11 to provide the funding for the operation and reserves for maintenance (Services)pertaining to the landscaping,trees and irrigation systems within the street rights-of-way,landscape easements and dedicated Outlots;the concrete curbs and gutters,valley gutters,sidewalks,curb ramps,street name signage,street lighting,and local street paving associated with this subdivision.Pursuant to this petition,the Council adopted Council Resolution No.2023-140,declared its intention to annex the Final Tract Map No.6276 to CFD No.11,and set the Public Hearing for formal consideration. (See attached Location and Features map.) Resolution No.2023-140 also directed the preparation of an Engineer’s Report describing the Services and the costs of those services and this report is on file with the City Clerk. If adopted by the Council,the attached ordinance would levy the proposed Maximum Special Tax of $1,183.73 per residential lot to provide Services for Fiscal Year 2022-2023.The Maximum Special Tax will be adjusted upward annually by 2%or by the rise of the Construction Cost Index (CCI)if it exceeds 2% for the San Francisco Region. The levy of the special tax is subject to approval by the qualified electors through a special election. Two additional resolutions are attached for Council consideration pertaining to this special election. Today’s public hearing has been duly noticed and the attached ordinance and resolutions have been approved as to form by the City Attorney’s Office. ENVIRONMENTAL FINDINGS Pursuant to the definition in California Environmental Quality Act Guidelines Section 15378,this City of Fresno Printed on 6/21/2023Page 2 of 3 powered by Legistar™ File #:ID 23-928 Agenda Date:6/22/2023 Agenda #: action is not a project. LOCAL PREFERENCE Local preference was not implemented,as this item does not include a bid or award of a construction or services contract. FISCAL IMPACT No City funds will be involved.All costs for services will be borne by the property owners within the subject tract. Attachment(s): Location Map Feature Map Resolution Annex-Levy Resolution Calling Election Resolution Declaring Results Ordinance City of Fresno Printed on 6/21/2023Page 3 of 3 powered by Legistar™ BARSTOW GARFIELDBRYANPOLKBLYTHEVALENTINEVAN NESSFRUITSIERRA ALLUVIAL GETTYSBURG DAKOTA CLINTON OLIVE NIELSON KEARNEY ANNADALE INTERNATIONAL PERRIN TEAGUE ALLUVIALMAROAFRESNOMILLBROOKMAPLEWILLOW MINNEWAWASUNNYSIDEARMSTRONGMAPLEORANGECHERRYFIGCHURCH BUTLER TULARE LOCANDAKOTA CLINTON OLIVE FRUITHUGHESVALENTINEBLYTHEPOLKBRYANN TRAFFIC OPERATIONS AND PLANNING DIVISION FINAL TRACT MAP NO. 6276 DISTRICT 1 ANNEXATION NO. 144 COMMUNITY FACILITIES DISTRICT NO. 11 NORTH PARC WES T D R I V E 1 8 7 6 5 4 3 2 9 10 11 12 13 20 21 18 19 15 16 17 14 27 26 25 22 23 24 28 39 29 38 30 37 31 36 32 35 33 34 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 40 41 42 58 59 60 61 66 67 68 69 70 71 72 73 74 75 76 77 78 79 62 63 64 65 80 81 82 83 NORTH GRANTLAND AVENUEWEST DONNER AV E N U E WEST RAYBURN A V E N U E WEST NORWICH AV E N U ENORTH BONTA AVENUEWEST GETTYSBUR G A V E N U E NORTH MARUYAMA AVENUENORTH PHOENIX AVENUEFINAL TRACT MAP NO. 6276 BUFFERS/OUTLOTS/MEDIAN TREES & SHRUBS = 49,644 SF SMALL TREES = 107 EA LARGE TREES = 2 EA FEATURES TO BE ADDED BY ANNEXATION NO. 144 COMMUNITY FACILITIES DISTRICT NO. 11 TRAFFIC OPERATIONS AND PLANNING DIVISION N STREET LIGHTS: LOCAL STREET PAVEMENT: CONCRETE IMPROVEMENTS:LANDSCAPE AND IRRIGATION: 22 EA TRAIL AMENITIES: INTERIOR RESIDENTIAL = 113,967 SF TRAIL = 17,237 SF CURB & GUTTER = 6,425 LF VALLEY GUTTER = 2,902 SF SIDEWALK & CURB RAMPS = 34,636 SF MEDIAN CURB = 2,050 SF LIGHTS = 7 EA DOG STATION = 1 EA BLOCK WALL = 868 LF 1 of 6 Date Adopted: Date Approved: Effective Date: City Attorney Approval: HT Resolution No. RESOLUTION NO. ____________ A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, TO ANNEX TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 11 AND AUTHORIZING THE LEVY OF A SPECIAL TAX FOR ANNEXATION NO. 144 WHEREAS, on May 11, 2023, the Council of the City of Fresno (Council) adopted Council Resolution No. 2023-140 to Annex Final Tract Map No. 6276 to the City of Fresno, Community Facilities District No. 11 (CFD No. 11) and to Authorize the Levy of Special Taxes, pursuant to the City of Fresno Special Tax Financing Law, Chapter 8, Division 1, Article 3, of the Fresno Municipal Code (City Law); and WHEREAS, Council Resolution No. 2023-140, incorporating a map of the area proposed for annexation to CFD No. 11, and stating the Services (as hereafter defined) to be provided, the estimated maximum cost of providing such Services, and the rate and method of apportionment of the special tax to be levied within Annexation No. 144 of CFD No. 11 to pay for the Services with respect to Annexation No. 144 of CFD No. 11, is on file with the City Clerk of the City of Fresno (City Clerk), and the provisions thereof are incorporated herein by this reference as if fully set forth herein; and WHEREAS, on this date, this Council held a noticed public hearing, as required by City Law and Council Resolution No. 2023-140 concerning the annexation of territory to CFD No. 11; and WHEREAS, at the hearing all interested persons desiring to be heard on the annexation of territory to CFD No. 11, the facilities and services to be provided therein, and the levy of said special tax were heard; and 2 of 6 WHEREAS, at the hearing evidence was presented to this Council on the proposed annexation before it, including a report by the Public Works Director (District Report) as to the Services to be provided through CFD No. 11 and the costs thereof, and a copy of the District Report is on file with the City Clerk; and WHEREAS, pursuant to Government Code Section 53339.6, the City Clerk or designee did not receive written protests with respect to the proposed annexation, the specified types of services to be furnished therein, or the rate and method of apportionment of the special taxes therein, from any of the following: (1) at least 50% of the registered voters or six registered voters, whichever is more, residing within the existing community facilities district; (2) at least 50% of the registered voters or six registered voters, whichever is more, residing within the territory proposed for annexation; (3) owners of at least one-half of the area of land in the territory included in the existing community facilities district and not exempt from the special tax; or (4) owners of at least one-half of the area of land in the territory proposed for annexation and not exempt from the special tax; and WHEREAS, the special tax proposed to be levied upon the territory, if annexed, to pay for the proposed Services (set forth in page A-1 of Exhibit A hereto), has not been eliminated through protest of at least fifty percent (50%) or more of the registered voters residing within the territory proposed for annexation, or through protests of landowners not exempt from the special tax and owning at least one-half (½) of the area of land within the proposed annexation. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as follows: 1. Recitals. The foregoing recitals are true and correct. 3 of 6 2. No Majority Protest. The proposed special tax to be levied within the proposed annexation has not been precluded by majority protest pursuant to City Law. 3. Prior Proceedings. The Council duly considered all prior proceedings for the proposed annexation and the levy of the special tax therein, and finds and determines that the proceedings are valid and conform to the requirements of City Law. This Council finds and determines that the proposed annexation conforms to the goals and policies that this Council adopted respecting the formation of CFD No. 11. 4. Boundaries Described. The boundaries of the proposed ann exation, set forth in the map of the area proposed for annexation to CFD No. 11, recorded in the Fresno County Recorder’s Office in Book 46 at page 95 of Maps of Assessment and Community Facilities Districts, are approved, incorporated herein by reference, and shall be the boundaries of the Annexation No. 144. 5. Services. The types of public services proposed to be financed by Annexation No. 144 of CFD No. 11 and pursuant to City Law are those listed as services on page A-1 of Exhibit A in the District Report on file with the City Clerk (Services). A copy of which is attached as Exhibit A and incorporated herein by this reference. 6. Special Taxes. Except to the extent that funds are otherwise available to CFD No. 11 to pay for the Services, a special tax sufficient to pay the costs thereof, secured by a continuing lien against all non-exempt real property in CFD No. 11, including the territory to be annexed, will be levied annually within CFD No. 11, and collected in the same manner as ordinary ad valorem property taxes or in any other manner as this Council or its designee shall determine, including direct billing of the affected property owners. The proposed rate and method of apportionment of the special tax among the real property parcels within the territory of the proposed annexation, in sufficient detail to 4 of 6 allow each landowner within the territory of the proposed annexation to estimate the probable maximum amount such owner must pay, are described in the District Report on file with the City Clerk and attached hereto as Exhibit B and incorporated herein by this reference. 7. Tax Collection Authority. The Public Works Director of the City of Fresno or designee, 2600 Fresno Street, Fresno, California 93721 telephone number (559) 621- 1492 is the officer who will be responsible for preparing annually a current roll of special tax levy obligations by assessor’s parcel number and estimating future special tax levies pursuant to City Law. 8. Tax Lien. Upon recordation of a notice of special tax lien, pursuant to Section 3114.5 of the California Streets and Highways Code, a continuing lien to secure each levy of the special tax shall attach to all non -exempt real property in the proposed annexation area. This lien shall continue in force and effect until the special tax obligation ceases and the lien is canceled in accordance with law or until collection of the tax by the City of Fresno ceases. 9. Appropriations Limit. In accordance with City Law, the annual appropriations limit, as defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, of the proposed annexation, is hereby preliminarily established at $500,000 and said appropriations limit shall be submitted to the voters of the proposed annexation as hereafter provided. The proposition establishing said annual appropriations limit shall become effective if approved by the qualified electors voting thereon and shall be adjusted in accordance with the applicable provisions of City Law. 10. Election. Pursuant to the provisions of City Law, the levy of the special tax and the proposition to establish the appropriations limit specified above shall be submitted 5 of 6 to the qualified electors of the proposed annexation at an election the time, place and conditions of which election shall be as specified by a separate resolution of this Council. 11. Effective Date. This Resolution shall be effective upon final approval. Attachments: Exhibit A - Description of Services Exhibit B - Rate and Method of Apportionment of Special Tax 6 of 6 * * * * * * * * * * * * * * STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) I, TODD STERMER, City Clerk of the City of Fresno, certify that the foregoing resolution was adopted by the Council of the City of Fresno, at a regular meeting held on the day of 2023. AYES : NOES : ABSENT : ABSTAIN : Mayor Approval: , 2023 Mayor Approval/No Return: , 2023 Mayor Veto: , 2023 Council Override Vote: , 2023 TODD STERMER, CMC City Clerk BY: Date Deputy APPROVED AS TO FORM: ANDREW JANZ City Attorney BY: Heather Thomas Date Deputy City Attorney EXHIBIT A A-1 City of Fresno Community Facilities District No. 11 Annexation No. 144 Description of Services to be Financed by Community Facilities District No. 11 for Annexation No. 144 (Final Tract Map No. 6276) The operations and reserves for the maintenance of certain required improvements (Services) that are to be financed by Community Facilities District No. 11 (CFD No. 11) for Final Tract Map No. 6276, Annexation No. 144 are generally as described below. The Services will include all costs (including reserves for replacement) attributable to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas and trees in public street rights-of-way, public landscape easements, public open spaces and other similar landscaped areas officially dedicated for public use. General maintenance will include, without limitation, repairing and replacing irrigation systems as necessary; staking, pruning, replacing and spraying of trees and shrubs; removing litter, debris, and garbage. Services shall include all costs attributable to cleaning, maintaining, servicing, repairing and/or replacing all ground level infrastructure (including reserves for replacement) within dedicated public easements and outlots. Such facilities include, without limitation, concrete curbs, gutters, entrance median curbs and hardscaping, valley gutters, curb ramps and sidewalks, street name signage, street lighting, and local street paving associated with this subdivision. Such facilities may also include, without limitation. Services shall include all costs attributable to street lighting services. Maintenance costs will include a proportionate share of all other expenses that the City of Fresno (City) may incur in administering CFD No. 11. All Services shall be provided by the City, with its own forces or by contract with third parties, or any combination thereof, to be determined entirely by the City. Nothing in this exhibit or any other exhibit or provision of this Resolution shall be construed as committing the City or CFD No. 11 to provide all of the authorized Services or to provide for the payment of or reimbursement for all of the authorized incidental expenses. The provision of Services and/or payment or reimbursement of incidental expens es shall be subject to the successful annexation of Annexation No. 144 to CFD No. 11 and the availability of sufficient proceeds of Special Taxes within CFD No. 11. EXHIBIT A A-2 City of Fresno Community Facilities District No. 11 Annexation No. 144 Description of Services to be Financed by Community Facilities District No. 11 for Parc West Drive The operations and reserves for the maintenance of certain required improvements (Services) that are to be financed by Community Facilities District No. 11 (CFD No. 11) for Parc West Drive are generally as described below. The Services will include all costs (including reserves for replacement) attributable to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas and trees in public street rights-of-way, public landscape easements, public open spaces and other similar landscaped areas officially dedicated for public use. General maintenance will include, without limitation, mowing, edging, fertilizing, aerating and watering grass areas, repairing and replacing irrigation systems as necessary; staking, pruning, replacing and spraying of trees and shrubs; removing litter, debris, and garbage. Services shall include all costs attributable to cleaning, maintaining, servicing, repairing and/or replacing all ground level infrastructure (including reserves for replacement) within dedicated public easements and outlots. Such facilities include, without limitation, concrete curbs, gutters, major street median hardscaping, entrance median curbs and hardscaping, valley gutters, curb ramps and sidewalks, street name signage, and street lighting. Such facilities may also include, without limitation, all hardscaping and park amenities and structures associated with the subdivision. Services shall include all costs attributable to street lighting services. Maintenance costs will include a proportionate share of all other expenses that the City of Fresno (City) may incur in administering CFD No. 11. All Services shall be provided by the City, with its own forces or by contract with third parties, or any combination thereof, to be determined entirely by the City. Nothing in this exhibit or any other exhibit or provision of this Resolution shall be construed as committing the City or CFD No. 11 to provide all of the authorized Services or to provide for the payment of or reimbursement for all of the authorized incidental expenses. The provision of Services and/or payment or reimbursement of incidental expenses shall be subject to the successful annexation of Annexation No. 144 to CFD No. 11 and the availability of sufficient proceeds of Special Taxes within CFD No. 11. EXHIBIT A A-3 City of Fresno Community Facilities District No. 11 Formation Description of Services currently financed by Community Facilities District No. 11 The services that are to be financed (Services) by Community Facilities District No. 11 (CFD No. 11) are any and all Services defined by City of Fresno Speci al Tax Financing Law (Chapter 8, Division 1, Article 3 of the Fresno Municipal Code) and the Mello-Roos Community Facilities Act of 1982 (Chapter 2.5 commencing with Section 53311 , of Part 1, Division 2, Title 5 of the California Government Code.) I. Services may include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing all facilities, including hardscaping, in landscaped areas (may include reserves for replacement) in public street rights-of-way, public landscape easements, public trail areas, parkways, and other similar lan dscaped areas officially dedicated for public use. II. General maintenance will include, without limitation, mowing, edging, fertilizing, seeding, aerating, and watering grass areas; repairing and replacing irrigation systems as necessary; staking, pruning, replacing and spraying of trees and shrubs; repairing and replacing paths, walkways and trails; removing litter, debris, and garbage. II. Services may include all costs attributable to cleaning, maintaining, servicing, repairing and/or replacing all local ground level street infrastructure (may include reserves for replacement) within local street rights-of-way. Such facilities may include, without limitation, street paving, curbs and gutters, sidewalks, street lighting, hydrants, inlets, street trees and street furniture. III. Services may include costs attributable to police, fire, traffic control, street lighting and recreational services. Maintenance costs will also include a proportionate share of all other expenses that the City of Fresno (City) may incur in administering the CFD No. 11. All Services shall be provided by the City, with its own forces or by contract with third parties, or any combination thereof, to be determined entirely by the City. Nothing in this exhibit or any other exhibit or provision of this resolution shall be construed as committing the City or CFD No. 11 to provide all of the authorized Services or to provide for the payment of or reimbursement for all of the authorized incidental expenses. The pr ovision of Services and/or payment or reimbursement of incidental expenses shall be subject to the continued existence of CFD No. 11 and the availability of sufficient proceeds of special taxes within the CFD No. 11. EXHIBIT B B-1 City of Fresno Community Facilities District No. 11 Annexation No. 144 Rate and Method of Apportionment of Special Tax Cost Estimate The estimate breaks down the costs of providing 1 year’s service for FY 2022-2023 for Final Tract Map No. 6276 (83 lots) and Final Tract Map No. 6276’s share of Parc West Drive. Parc West Drive includes a total of 722 lots (counting the 83 from Tract No. 6276). All Final Maps in the Parc West area will share equally the cost of Services for Parc West Drive. The total number of lots within the Parc West area may be subject to change, per the allowable amounts, in accordance with the Subdivision Map Act/Fresno Municipal Code. The costs will be updated with future annexation s, as needed, if the total number of lots is less than or greater than 722. ITEM DESCRIPTION (T-6276) ESTIMATED COST 1 Landscape Operational Costs $28,297.00 2 Other Operational Costs $586.00 3 Reserve for Replacement $24,459.00 4 Incidental Expenses $1,245.00 Total $54,587.00 ITEM DESCRIPTION (Parc West Drive) ESTIMATED COST 1 Landscape Operational Costs $177,273.00 2 Other Operational Costs $2,241.00 3 Reserve for Replacement $189,464.00 4 Incidental Expenses $10,830.00 Total $379,808.00 Subdivision Appropriation Limit FINAL TRACT MAP NO. MAX. SPECIAL TAX PER RESIDENTIAL UNIT TOTAL TAXABLE UNITS APPROPRIATION LIMIT SUBDIVIDER 6276 $1,183.73 83 $500,000.00 Essential Housing Asset Management, LLC EXHIBIT B B-2 City of Fresno Community Facilities District No. 11 Annexation No. 144 Rate and Method of Apportionment of Special Tax A Special Tax applicable to each assessor’s parcel in Community Facilities District No. 11 (CFD No. 11) shall be levied and collected according to the tax liability determined by the City Council of the City of Fresno, through the application of the appropriate amount or rate for taxable property, as described below. All of the property in CFD No. 11, unless exempted by law or by the provisions of Section E below, shall be taxed for the purposes, to the extent, and in the manner herein provided, including property su bsequently annexed to CFD No. 11 unless a separate Rate and Method of Apportionment of Special Tax is adopted for the annexation area. A. DEFINITIONS The terms hereinafter set forth have the following meanings: “Assessor’s Parcel” or “Parcel” means a lot or parcel shown on an assessor’s parcel map with an assigned assessor’s parcel number. “Assessor’s Parcel Map” means an official map of the County Assessor of the County of Fresno designating parcels by assessor’s parcel number. “City” means the City of Fresno. “City Law” means the City of Fresno Special Tax Financing Law, Chapter 8, Division 1, Article 3, of the Fresno Municipal Code. “Council” means the City Council of the City of Fresno, acting as the legislative body of CFD No. 11. “Developable Lot” means a lot that is anticipated development of residential or non - residential uses, and which is not an outlot, remainder parcel or other parcel which is not intended to be developed or which must be further subdivided before being developed. “Excluded Parcels” means those assessor’s parcels identified as ineligible for inclusion in CFD No. 11 as shown in “Attachment 1” of this Rate and Method of Apportionment of Special Tax. “Final Map” means a final map, or portion thereof, approved by the Council of the City of Fresno pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) that creates individual developable lots for which building permits may be issued. The term “Final Map” shall not include any assessor’s parcel map or subdivision map or EXHIBIT B B-3 portion thereof that does not create individual developable lots for which a building permit may be issued, including assessor’s parcels that are designated as remainder parcels. “Fiscal Year” means the period starting April 1 and ending on the following March 31. “Maximum Special Tax” means the maximum special tax, determined in accordance with Section C, which can be levied in any Fiscal Year. “Proportionately” means, in any fiscal year, that the ratio of the actual Special Tax to the Maximum Special Tax is equal for all assessor’s parcels in CFD No. 11. “Public Property” means any property within the boundaries of CFD No. 11 that is owned by the federal government, the State of California or other local governments or public agencies. “Reserve for Replacement” means a reasonable reserve pursuant to Fresno Municipal Code 8-1-303(e) (4), as a service cost or expense and not as payment for public facilities under Government Code Section 53321(d). “Residential Unit” means a residential dwelling unit and shall include single-family unattached homes, condominiums, town homes, duplex, triplex and fourplex units, and individual apartment units in a multi-family building. For purposes of the levy of special taxes pursuant to Section C below, “Residential Units” shall include dwelling units already built on taxable property in CFD No. 11, as well as dwelling units planned, but not yet built, when the special tax is levied each fiscal year. “Shared Services” means the costs of services are paid equally by the property owners of two or more subdivisions. “Special Tax” means any special tax to be levied each fiscal year on assessor’s parcels of taxable property to fund the Special Tax Requirement as defined below. “Special Tax Requirement” means the amount necessary in any fiscal year to (i) pay authorized maintenance and improvement expenses, (ii) pay admin istrative expenses of CFD No. 11, and (iii) cure any delinquencies in the payment of special taxes levied in prior fiscal years or (based on delinquencies in the payment of special taxes which have already taken place) are expected to occur in the fiscal year in which the tax will be collected. “Subdivision” means the division, by any subdivider, of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease, or financing whether immediate or future. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easement or railroad rights -of-way. “Subdivision” includes a condominium project, as defined in Section 4125 of the Civil Code, a community apartment project, as defined in Section 4105 of the Civil Code. EXHIBIT B B-4 “Taxable Property” means all of the assessor’s parcels within the boundaries of CFD No. 11 which are not exempt from the special tax pursuant to law or Section E below. B. CALCULATION OF RESIDENTIAL UNITS On April 1 of each fiscal year, the City of Fresno (City) or its designee shall determine how many residential units are built, or allowed to be built, on assessor’s parcels within CFD No. 11. For parcels of undeveloped property zoned for development of single-family units attached, the number of residential units shall be determined by referencing the condominium plan, apartment plan site plan or other development plan, or by assigning the maximum allowable units permitted based on the underlying zoning for the parcel. Once a single-family attached building or buildings have been built on an assessor’s parcel, the City or its designee shall determine the actual number of residential units contained within the building or buildings, and the special tax levied against the parcel in the next fiscal year shall be calculated by dividing the Special Tax Requirement by the actual number of residential units not to exceed the Maximum Special Tax per residential unit identified for the final map in Section C, Table 1 below. C. MAXIMUM SPECIAL TAX The Maximum Special Tax (MST) applicable to each assessor’s parcel in CFD No. 11 shall be specific to each final map within CFD No. 11. When additional property is annexed to CFD No. 11, the rate and method adopted for the annexed property shall reflect the MST for the final map or final maps then annexed. The Maximum Special Tax for Fiscal Year 2022-2023 for a residential unit within Final Tract Map No. 6276 is identified in Table 1 below: Table 1 Maximum Special Tax (Fiscal Year 2022-2023)* Final Tract Map Number** Maximum Special Tax 6276 $1,183.73 per Residential Unit *Beginning in January of each year, the MST will be adjusted upward annually by 2% or by the rise of the Construction Cost Index (CCI), if it exceeds 2%, for the San Francisco Region for the prior 12-month period (December through December) as published in the Engineering News Record, or published in a comparable index if the Engineering News Record is discontinued or otherwise not available. Each annual adjustment of the MST shall become effective on the subsequent July 1. ** A Special Tax shall be levied on all parcels within an identified final map except excluded parcels as identified in Attachment 1. EXHIBIT B B-5 D. METHOD OF LEVY AND COLLECTION OF THE SPECIAL TAX Commencing with Fiscal Year 2022-2023, the Special Tax shall be levied on all taxable parcels as follows: Step 1: Determine the Special Tax Requirement (as defined in Section A above) for the fiscal year in which the Special Tax will be collected; Step 2: Calculate the total special tax revenues that could be collected from taxable property within CFD No. 11 based on applying the Maximum Special Tax rates determined pursuant to Section C above to the number of residential units on each parcel of taxable property in CFD No. 11; If the amount determined in Step 1 is greater than or equal to the amount calculated in Step 2, levy the Maximum Special Tax set forth in Table 1 above on all parcels of taxable property in CFD No. 11; If the amount determined in Step 1 is less than the amount calculated in Step 2, levy the Special Tax proportionately against all parcels of taxable property up to 100% of the Maximum Special Tax for each subdivision as identified in Table 1, until the amount of the Special Tax levy equals the Special Tax Requirement for that fiscal year. The Special Tax for CFD No. 11 shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 11 may (under the authority of Government Code 53340), in any particular case, bill the taxes directly to the property owner off of the County of Fresno tax roll, and the Special Taxes will be equally subject to penalties and foreclosure if delinquent. E. EXEMPTIONS Notwithstanding any other provision of this Rate and Method of Apportionment of Special Tax, no Special Tax shall be levied on parcels that have been conveyed to a public agency, except as otherwise provided in City Law, and properties receiving a welfare exemption under subdivision (g) of Section 214 of the Revenue and Taxation Code. In addition, no Special Tax shall be levied on excluded parcels or parcels that are determined not to be developable lots. EXHIBIT B B-6 ATTACHMENT 1 City of Fresno Community Facilities District No. 11 Annexation No. 144 Excluded Parcels THERE ARE NO EXCLUDED PARCELS IN FINAL TRACT MAP NO. 6276 1 of 4 Date Adopted: Date Approved: Effective Date: City Attorney Approval: HT Resolution No. RESOLUTION NO. ____________ A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, CALLING SPECIAL MAILED- BALLOT ELECTION COMMUNITY FACILITIES DISTRICT NO. 11 ANNEXATION NO. 144 WHEREAS, on May 11, 2023, the Council of the City of Fresno (Council) adopted Council Resolution No. 2023-140 to annex Final Tract Map No. 6276 to City of Fresno Community Facilities District No. 11 (CFD No. 11) and to authorize the levy of special taxes; and WHEREAS, Council Resolution No. 2023-140 identified the services to be provided by Annexation No. 144 of CFD No. 11 and provided an estimate of the cost of providing those services; and WHEREAS, Council Resolution No. 2023-140 contemplated the imposing of a special tax upon those properties within Annexation No. 144 of CFD No. 11 receiving said services; and WHEREAS, a report has been filed with the City Clerk of the City of Fresno (City Clerk) that describes the proposed rate and method of apportionment of the special tax among the parcels of real property proposed to be annexed to CFD No. 11 in sufficient detail to allow all interested parties to estimate the maximum amount e ach property owner must pay; and WHEREAS, the levy of said proposed special tax shall be subject to the approval of the qualified electors of the territory proposed to be annexed to CFD No. 11 at a special 2 of 4 election; and WHEREAS, the Public Works Director has filed a Certificate (Certificate) in these proceedings providing that fewer than twelve (12) registered voters reside within the boundaries of the territory proposed for annexation to CFD NO. 11. NOW, THEREFORE, BE IT RESOLVED by the Council as follows: 1. The levy of a special tax proposed in Council Resolution No. 2023-140 shall be submitted to the voters pursuant to the City of Fresno Special Tax Financing Law, Chapter 8, Division 1, Article 3, of the Fresno Municipal Code (City Law). 2. The setting of the appropriations limit shall be submitted to the voters pursuant to City Law. 3. The two ballot items described above shall be combined into a single ballot measure pursuant to City Law. The ballot language shall be as shown on the ballot form attached as Exhibit A, which is hereby approved. 4. This Council accepts the Certificate of the Public Works Director filed in these proceedings and, based on the Certificate, finds that fewer than twelve (12) registered voters reside within the boundaries of the territory proposed to be annexed to CFD No. 11. Accordingly, under City Law the voters in this election shall be the landowners owning land within the territory proposed to be annexed to CFD No. 11. 5. The Council further finds that the landowners of record owning property within the territory proposed to be annexed to CFD No. 11 are those set forth in the attachment to the Certificate and that the attachment correctly sets forth how much property owned by each landowner and the number of votes to which each is entitled. 6. This Council approves the form, attached as Exhibit B, entitled Waiver and 3 of 4 Consent From Property Owner Shortening Time Periods and Waiving Various Requirements for Conducting Mailed-Ballot Election in CFD No. 11, Annexation No. 144, City of Fresno, County of Fresno, State of California. This Council finds that the rights, procedures and time periods therein waived are solely for the protection of the voters, may be waived under City Law, and that the waiver constitutes a full and knowing waiver by any voter who has executed the form of these rights, proced ures and time periods. 7. Accordingly, this Council calls the special election described herein and sets June 22, 2023 as Election Day. Pursuant to City Law, the election shall be conducted by mailed ballot. 8. The City Clerk or designee is directed to mail or to deliver the ballots, in the form of Exhibit A hereto, to the landowners shown on the attachment to the Certificate . The City Clerk or designee shall fill in the names of the landowners and the number of votes to be cast on each ballot, according to the Certificate, before delivery or mailing. 9. The City Clerk or designee shall accept personal or mail delivery of the ballots at any time up to the hearing on Thursday, June 22, 2023, at 10:00 a.m. Upon receipt of all eligible ballots, however, the City Clerk or designee shall immediately close the election and declare the results to the Council. Attachments: Exhibit A - Special Election Ballot Exhibit B - Waiver and Consent From Sole Property Owner 4 of 4 * * * * * * * * * * * * * * STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) I, TODD STERMER, City Clerk of the City of Fresno, certify that the foregoing resolution was adopted by the Council of the City of Fresno, at a regular meeting held on the day of 2023. AYES : NOES : ABSENT : ABSTAIN : Mayor Approval: , 2023 Mayor Approval/No Return: , 2023 Mayor Veto: , 2023 Council Override Vote: , 2023 TODD STERMER, CMC City Clerk BY: Date Deputy APPROVED AS TO FORM: ANDREW JANZ City Attorney BY: Heather Thomas Date Deputy City Attorney EXHIBIT A A-1 SPECIAL ELECTION BALLOT (Mailed-Ballot Election) Community Facilities District No. 11 Annexation No. 144 This ballot is for the use of Essential Housing Asset Management, LLC, the landowner owning a portion of land within the boundaries of Final Tract Map No. 6276, Community Facilities District No. 11, Annexation No. 144, City of Fresno, County of Fresno, State of California. According to the provisions of the City of Fresno Special Tax Financing Law, Chapter 8, Division 1, Article 3, of the City of Fresno Municipal Code, and the resolutions of the City Council of the City of Fresno, the above -named landowner is entitled to cast nine (9) votes on this ballot. In order to be counted, the ballot must be returned prior to the hearing on Thursday, June 22, 2023, at 10:00 a.m., to TODD STERMER, City Clerk, City of Fresno, 2600 Fresno Street, Room 2133, Fresno, CA 93721. Mailing by that date will not be sufficient. The ballot must be physically received by the City Clerk prior to the deadline in order to be counted. AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT, OR THE VOTER MAY WRITE NUMBERS IN THE SPACES PROVIDED BALLOT MEASURE Shall the City of Fresno be authorized to levy a special tax, and finance the authorized services, and costs and expenses by and through its Community Facilities District No. 11, Annexation No. 144, all as specified in its Council Resolutions No. 2023-140 and No. ; and shall the appropriations limit for Community Facilities District No. 11 Annexation No. 144 be established in accordance therewith? Number of Votes YES Number of Votes NO EXHIBIT A A-2 CERTIFICATION The undersigned is the authorized representative of the above -named landowner and is the person legally authorized and entitled to cast this ballot on behalf of the above - named landowner. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ______________________, 2023. Company Name: By: _______________________________ Print Name: _______________________________ Print Title: _______________________________ (Attach Notary Acknowledgment) EXHIBIT B B-1 WAIVER AND CONSENT FROM PROPERTY OWNER SHORTENING TIME PERIODS AND WAIVING VARIOUS REQUIREMENTS FOR CONDUCTING MAILED-BALLOT ELECTION Community Facilities District No. 11, Annexation No. 144 The undersigned is the person legally entitled and authorized to cast the ballots as the authorized representative of the owner of a portion of the property within the boundaries of Final Tract Map No. 6276 in this mailed-ballot election to be conducted within Community Facilities District No. 11 Annexation No. 144, to determine, among other things, whether the rate and method of apportionment of the annual special taxes shall be approved. The undersigned hereby waives any and all minimum time periods relative to the election pursuant to the City of Fresno Special Tax Financing Law, Chapter 8, Division 1, Article 3, of the Fresno Municipal Code (City Law). The undersigned hereby waives the preparation and distribution of an impartial analysis of the ballot measure, as well as arguments in favor and against, under the authority of City Law. The undersigned hereby waives the requirement to publish notice of the election under City Law. The undersigned hereby waives the requirements regarding the time to mail ballots to the qualified electors under Elections Code Section 4101, and agrees to accept either mailed service or personal service of the ballot. The undersigned hereby waives the requirements regarding identification envelopes for the return of mailed ballots contained in City Law. The undersigned hereby waives any and all defects in notice or procedure in the conduct of the election, whether known or unknown (other than the right to have ballots accurately counted), and states that the election is being expedited, pursuant to this waiver and consent, at the particular instance and request of the undersigned. I declare, under penalty of perjury, under the laws of the State of California, that I am the person legally entitled and authorized to cast the ballot as the authorized representative of the landowner set forth in the first paragraph hereof, and to waive and consent to the above, that the foregoing waivers and consents are voluntarily given and that this declaration is executed on __________________, 2023 Company Name ______________________________ By: _______________________________ Print Name _______________________________ Print Title _______________________________ (Attach Notary Acknowledgment) 1 of 4 Date Adopted: Date Approved: Effective Date: City Attorney Approval: HT Resolution No. RESOLUTION NO. ____________ A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, DECLARING ELECTION RESULTS COMMUNITY FACILITIES DISTRICT NO. 11 ANNEXATION NO. 144 WHEREAS, on June 22, 2023, the Council of the City of Fresno (Council) adopted Council Resolution No. 2023 -______ calling a special mailed-ballot election on levying special taxes on land within, and on approving an annual appropriati ons limit for Annexation No. 144 to Community Facilities District No. 11 (CFD No. 11); and WHEREAS, the Council has received, reviewed and hereby accepts the City of Fresno City Clerk’s (City Clerk) Canvass and Statement of Election Results, dated ________________, 2023, a copy of which is attached as Exhibit A; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as follows: 1. The Council finds and declares that: (a) the ballot measure on the levy of taxes and approval of an annual appropriations limit for Annexation No. 144, has been submitted to the qualified electors within the area of Annexation No. 144, pursuant to Council Resolution No. 2023 -______, and (b) the ballot measure has been passed and approved by more than two-thirds of the votes cast, in accordance with City of Fresno Special Tax Financing Law, Chapter 8, Division 1, Article 3, of the Fresno municipal Code (City Law). 2 of 4 2. The Council declares Annexation No. 144 to be fully formed and the property within Annexation No. 144, to be subject to the levy of the special taxes and the special tax lien described in Council Resolution No. 2023 -______, annexing Final Tract Map No. 6276 as Annexation No. 144, and authorizing the levy of a special tax therein, and Council Resolution No. 97-126, approving local goals and policies for Community Facilities Districts, as described in the Community Facilities District Report dated as of May 25, 2023, on file with the City Clerk. 3. The Council directs the City Clerk or designee to record a notice of special tax lien in the Office of the County Recorder, pursuant to City Law, no later than 15 days after this resolution is adopted. Attachment: Exhibit A - Canvass and Statement of Election Results 3 of 4 * * * * * * * * * * * * * * STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) I, TODD STERMER, City Clerk of the City of Fresno, certify that the foregoing resolution was adopted by the Council of the City of Fresno, at a regular meeting held on the day of 2023. AYES : NOES : ABSENT : ABSTAIN : Mayor Approval: , 2023 Mayor Approval/No Return: , 2023 Mayor Veto: , 2023 Council Override Vote: , 2023 TODD STERMER, CMC City Clerk BY: Date Deputy APPROVED AS TO FORM: ANDREW JANZ City Attorney BY: Heather Thomas Date Deputy City Attorney EXHIBIT A 4 of 4 CANVASS AND STATEMENT OF ELECTION RESULTS Community Facilities District No. 11 Annexation No. 144 I, TODD STERMER, City Clerk of the City of Fresno, hereby certify: I have personally received and assembled all ballots eligible to be cast in the special mailed-ballot, landowner election called by the Council of the City of Fresno in its Council Resolution No. 2023 -______on propositions to levy a special tax within and approve an appropriations limit for Community Facilities District No. 11, Annexation No. 144, and held on June 22, 2023. In accordance with my instructions contained in that Resolution, I hereby declare the election closed. I personally, in the presence of members of City of Fresno staff representing the Public Works Department, as well as the City Clerk’s Office, have counted the ballots and canvassed the returns of such election, and hereby certify that the result of that c ount is as follows and that the following total votes cast for and against such propositions, the total votes and the percentage of “yes” votes cast are true and correct. Total Votes that could be cast 9 Total Votes Cast “Yes ___ Total Votes Cast “No” ___ Total Votes Cast ___ The Votes cast “Yes” equal ____% of the total votes cast. I make this certification on ____________________, 2023. ATTEST: Todd Stermer, CMC City Clerk By Deputy 1 of 4 Date Adopted: Date Approved: Effective Date: City Attorney Approval: HT Ordinance No. BILL NO. ________ ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF FRESNO, CALIFORNIA, LEVYING A SPECIAL TAX FOR THE PROPERTY TAX YEAR 2022-2023 AND FUTURE TAX YEARS WITHIN AND RELATING TO COMMUNITY FACILITIES DISTRICT NO. 11, ANNEXATION NO. 144 WHEREAS, on June 22, 2023, the Council of the City of Fresno (Council) adopted Council Resolution No. 2023 -______, a resolution of the Council annexing territory to Community Facilities District No. 11 as Annexation No. 144, authorizing the levy of a special tax therein to pay for certain facilities and services for Annexation No. 144, and preliminarily establishing an appropriations limit therefore (Annexation Resolution), pursuant to the City of Fresno Special Tax Financing Law, Chapter 8, Division 1, Article 3, of the Fresno Municipal Code (City Law); and WHEREAS, by Council Resolution No. 2023 -______, the Council called a special election on the proposition on levying a special tax and establishing an appropriations limit within Annexation No. 144; and WHEREAS, on June 22, 2023, an election was held within Annexation No. 144 and, as required by City Law, the ballot measure was passed and approved by more than two-thirds of the votes cast. THE COUNCIL OF THE CITY OF FRESNO DOES ORDAIN AS FOLLOWS: 1. Pursuant to City Law, and in accordance with the Rate and Method of Apportionment of Special Tax as shown in Exhibit B to the Annexation Resolution, which is attached hereto for reference purposes, a special tax is hereby authorized and levied 2 of 4 on all taxable parcels within Annexation No. 144 for the 2022-2023 fiscal year and for each future fiscal year at the same or at a rate lower than the maximum rate of tax provided in Exhibit B to the Annexation Resolution. The special taxes levied in any fiscal year on any parcel within Annexation No. 144 shall not exceed the maximum special tax specified in Exhibit B of the Annexation Resolution, which is attached hereto for reference purposes. 2. The Public Works Director or designee is authorized and directed, with the aid of the appropriate officers and agents of the City of Fresno (City), to determine each year, the Special Tax Requirement (as that term is defined in Exhibit B of the Annexation Resolution), to prepare the annual special tax roll in the amount of Special Tax Requirement in accordance with said Exhibit B and, without further action of this Council, to provide all necessary and appropriate information to the County of Fresno (County) Auditor in the form, and within the time, necessary to effect the correct and timely billing and collection of the special tax on the secured property tax roll of the County. The special tax shall be levied and collected in the same manner, shall be subject to the same penalties and the same lien priority, and the same procedure and sale for delinque ncy, as for ad valorem taxes. Notwithstanding the foregoing, as set forth in the Annexation Resolution and City Law, this Council reserves the right to use any method of collecting the special tax, which the Council, from time to time, may determine to be in the best interests of the City including, without limitation, direct billing by the City to the property owners and supplemental billing. The Public Works Director or designee is further authorized and directed to furnish the notices of special tax required by Section 53340.2 of the California Government Code. 3 of 4 3. The appropriate officers and agents of the City are further authorized and directed to adjust the special tax roll before the final posting of the special taxes to the County tax roll each fiscal year, as necessary to achieve a correct match of the special tax levy with the county assessor’s parcel numbers finally used by the County in sending out property tax bills. 4. If a court of competent jurisdiction finds any part of this Ordinance to be invalid or the special tax to be inapplicable to or unreasonable for any particular parcel, the balance of this Ordinance and the application of the special tax to the remai ning parcels shall not be affected and shall remain in full force and effect. 5. This Ordinance shall take effect and be in force immediately upon the date of final passage, as a tax measure, pursuant to City Charter, Article VI, Section 610. Attachment: Exhibit B - Rate and Method of Apportionment of Special Tax 4 of 4 * * * * * * * * * * * * * * STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) I, TODD STERMER, City Clerk of the City of Fresno, certify that the foregoing resolution was adopted by the Council of the City of Fresno, at a regular meeting held on the day of 2023. AYES : NOES : ABSENT : ABSTAIN : Mayor Approval: , 2023 Mayor Approval/No Return: , 2023 Mayor Veto: , 2023 Council Override Vote: , 2023 TODD STERMER, CMC City Clerk BY: Date Deputy APPROVED AS TO FORM: ANDREW JANZ City Attorney BY: Heather Thomas Date Deputy City Attorney EXHIBIT B B-1 City of Fresno Community Facilities District No. 11 Annexation No. 144 Rate and Method of Apportionment of Special Tax Cost Estimate The estimate breaks down the costs of providing 1 year’s service for FY 2022-2023 for Final Tract Map No. 6276 (83 lots) and Final Tract Map No. 6276’s share of Parc West Drive. Parc West Drive includes a total of 722 lots (counting the 83 from Tract No. 6276). All Final Maps in the Parc West area will share equally the cost of Services for Parc West Drive. The total number of lots within the Parc West area may be subject to change, per the allowable amounts, in accordance with the Subdivision Map Act/Fresno Municipal Code. The costs will be updated with future annexation s, as needed, if the total number of lots is less than or greater than 722. ITEM DESCRIPTION (T-6276) ESTIMATED COST 1 Landscape Operational Costs $28,297.00 2 Other Operational Costs $586.00 3 Reserve for Replacement $24,459.00 4 Incidental Expenses $1,245.00 Total $54,587.00 ITEM DESCRIPTION (Parc West Drive) ESTIMATED COST 1 Landscape Operational Costs $177,273.00 2 Other Operational Costs $2,241.00 3 Reserve for Replacement $189,464.00 4 Incidental Expenses $10,830.00 Total $379,808.00 Subdivision Appropriation Limit FINAL TRACT MAP NO. MAX. SPECIAL TAX PER RESIDENTIAL UNIT TOTAL TAXABLE UNITS APPROPRIATION LIMIT SUBDIVIDER 6276 $1,183.73 83 $500,000.00 Essential Housing Asset Management, LLC EXHIBIT B B-2 City of Fresno Community Facilities District No. 11 Annexation No. 144 Rate and Method of Apportionment of Special Tax A Special Tax applicable to each assessor’s parcel in Community Facilities District No. 11 (CFD No. 11) shall be levied and collected according to the tax liability determined by the City Council of the City of Fresno, through the application of the appropriate amount or rate for taxable property, as described below. All of the property in CFD No. 11, unless exempted by law or by the provisions of Section E below, shall be taxed for the purposes, to the extent, and in the manner herein provided, including property su bsequently annexed to CFD No. 11 unless a separate Rate and Method of Apportionment of Special Tax is adopted for the annexation area. A. DEFINITIONS The terms hereinafter set forth have the following meanings: “Assessor’s Parcel” or “Parcel” means a lot or parcel shown on an assessor’s parcel map with an assigned assessor’s parcel number. “Assessor’s Parcel Map” means an official map of the County Assessor of the County of Fresno designating parcels by assessor’s parcel number. “City” means the City of Fresno. “City Law” means the City of Fresno Special Tax Financing Law, Chapter 8, Division 1, Article 3, of the Fresno Municipal Code. “Council” means the City Council of the City of Fresno, acting as the legislative body of CFD No. 11. “Developable Lot” means a lot that is anticipated development of residential or non - residential uses, and which is not an outlot, remainder parcel or other parcel which is not intended to be developed or which must be further subdivided before being developed. “Excluded Parcels” means those assessor’s parcels identified as ineligible for inclusion in CFD No. 11 as shown in “Attachment 1” of this Rate and Method of Apportionment of Special Tax. “Final Map” means a final map, or portion thereof, approved by the Council of the City of Fresno pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) that creates individual developable lots for which building permits may be issued. The term “Final Map” shall not include any assessor’s parcel map or subdivision map or EXHIBIT B B-3 portion thereof that does not create individual developable lots for which a building permit may be issued, including assessor’s parcels that are designated as remainder parcels. “Fiscal Year” means the period starting April 1 and ending on the following March 31. “Maximum Special Tax” means the maximum special tax, determined in accordance with Section C, which can be levied in any Fiscal Year. “Proportionately” means, in any fiscal year, that the ratio of the actual Special Tax to the Maximum Special Tax is equal for all assessor’s parcels in CFD No. 11. “Public Property” means any property within the boundaries of CFD No. 11 that is owned by the federal government, the State of California or other local governments or public agencies. “Reserve for Replacement” means a reasonable reserve pursuant to Fresno Municipal Code 8-1-303(e) (4), as a service cost or expense and not as payment for public facilities under Government Code Section 53321(d). “Residential Unit” means a residential dwelling unit and shall include single-family unattached homes, condominiums, town homes, duplex, triplex and fourplex units, and individual apartment units in a multi-family building. For purposes of the levy of special taxes pursuant to Section C below, “Residential Units” shall include dwelling units already built on taxable property in CFD No. 11, as well as dwelling units planned, but not yet built, when the special tax is levied each fiscal year. “Shared Services” means the costs of services are paid equally by the property owners of two or more subdivisions. “Special Tax” means any special tax to be levied each fiscal year on assessor’s parcels of taxable property to fund the Special Tax Requirement as defined below. “Special Tax Requirement” means the amount necessary in any fiscal year to (i) pay authorized maintenance and improvement expenses, (ii) pay admin istrative expenses of CFD No. 11, and (iii) cure any delinquencies in the payment of special taxes levied in prior fiscal years or (based on delinquencies in the payment of special taxes which have already taken place) are expected to occur in the fiscal year in which the tax will be collected. “Subdivision” means the division, by any subdivider, of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease, or financing whether immediate or future. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easement or railroad rights -of-way. “Subdivision” includes a condominium project, as defined in Section 4125 of the Civil Code, a community apartment project, as defined in Section 4105 of the Civil Code. EXHIBIT B B-4 “Taxable Property” means all of the assessor’s parcels within the boundaries of CFD No. 11 which are not exempt from the special tax pursuant to law or Section E below. B. CALCULATION OF RESIDENTIAL UNITS On April 1 of each fiscal year, the City of Fresno (City) or its designee shall determine how many residential units are built, or allowed to be built, on assessor’s parcels within CFD No. 11. For parcels of undeveloped property zoned for development of single-family units attached, the number of residential units shall be determined by referencing the condominium plan, apartment plan site plan or other development plan, or by assigning the maximum allowable units permitted based on the underlying zoning for the parcel. Once a single-family attached building or buildings have been built on an assessor’s parcel, the City or its designee shall determine the actual number of residential units contained within the building or buildings, and the special tax levied against the parcel in the next fiscal year shall be calculated by dividing the Special Tax Requirement by the actual number of residential units not to exceed the Maximum Special Tax per residential unit identified for the final map in Section C, Table 1 below. C. MAXIMUM SPECIAL TAX The Maximum Special Tax (MST) applicable to each assessor’s parcel in CFD No. 11 shall be specific to each final map within CFD No. 11. When additional property is annexed to CFD No. 11, the rate and method adopted for the annexed property shall reflect the MST for the final map or final maps then annexed. The Maximum Special Tax for Fiscal Year 2022-2023 for a residential unit within Final Tract Map No. 6276 is identified in Table 1 below: Table 1 Maximum Special Tax (Fiscal Year 2022-2023)* Final Tract Map Number** Maximum Special Tax 6276 $1,183.73 per Residential Unit *Beginning in January of each year, the MST will be adjusted upward annually by 2% or by the rise of the Construction Cost Index (CCI), if it exceeds 2%, for the San Francisco Region for the prior 12-month period (December through December) as published in the Engineering News Record, or published in a comparable index if the Engineering News Record is discontinued or otherwise not available. Each annual adjustment of the MST shall become effective on the subsequent July 1. ** A Special Tax shall be levied on all parcels within an identified final map except excluded parcels as identified in Attachment 1. EXHIBIT B B-5 D. METHOD OF LEVY AND COLLECTION OF THE SPECIAL TAX Commencing with Fiscal Year 2022-2023, the Special Tax shall be levied on all taxable parcels as follows: Step 1: Determine the Special Tax Requirement (as defined in Section A above) for the fiscal year in which the Special Tax will be collected; Step 2: Calculate the total special tax revenues that could be collected from taxable property within CFD No. 11 based on applying the Maximum Special Tax rates determined pursuant to Section C above to the number of residential units on each parcel of taxable property in CFD No. 11; If the amount determined in Step 1 is greater than or equal to the amount calculated in Step 2, levy the Maximum Special Tax set forth in Table 1 above on all parcels of taxable property in CFD No. 11; If the amount determined in Step 1 is less than the amount calculated in Step 2, levy the Special Tax proportionately against all parcels of taxable property up to 100% of the Maximum Special Tax for each subdivision as identified in Table 1, until the amount of the Special Tax levy equals the Special Tax Requirement for that fiscal year. The Special Tax for CFD No. 11 shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 11 may (under the authority of Government Code 53340), in any particular case, bill the taxes directly to the property owner off of the County of Fresno tax roll, and the Special Taxes will be equally subject to penalties and foreclosure if delinquent. E. EXEMPTIONS Notwithstanding any other provision of this Rate and Method of Apportionment of Special Tax, no Special Tax shall be levied on parcels that have been conveyed to a public agency, except as otherwise provided in City Law, and properties receiving a welfare exemption under subdivision (g) of Section 214 of the Revenue and Taxation Code. In addition, no Special Tax shall be levied on excluded parcels or parcels that are determined not to be developable lots. EXHIBIT B B-6 ATTACHMENT 1 City of Fresno Community Facilities District No. 11 Annexation No. 144 Excluded Parcels THERE ARE NO EXCLUDED PARCELS IN FINAL TRACT MAP NO. 6276 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-978 Agenda Date:6/22/2023 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 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 City of Fresno Printed on 6/19/2023Page 1 of 12 powered by Legistar™ 6/22/2023 CONTINUED TO JUNE 29, 2023 NEW FILE ID 23-1028 File #:ID 23-978 Agenda Date:6/22/2023 Agenda #: 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 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 City of Fresno Printed on 6/19/2023Page 2 of 12 powered by Legistar™ File #:ID 23-978 Agenda Date:6/22/2023 Agenda #: (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 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 City of Fresno Printed on 6/19/2023Page 3 of 12 powered by Legistar™ File #:ID 23-978 Agenda Date:6/22/2023 Agenda #: 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 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. City of Fresno Printed on 6/19/2023Page 4 of 12 powered by Legistar™ File #:ID 23-978 Agenda Date:6/22/2023 Agenda #: 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,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 milesCity of Fresno Printed on 6/19/2023Page 5 of 12 powered by Legistar™ File #:ID 23-978 Agenda Date:6/22/2023 Agenda #: 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 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.SinceCity of Fresno Printed on 6/19/2023Page 6 of 12 powered by Legistar™ File #:ID 23-978 Agenda Date:6/22/2023 Agenda #: 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. -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 City of Fresno Printed on 6/19/2023Page 7 of 12 powered by Legistar™ File #:ID 23-978 Agenda Date:6/22/2023 Agenda #: 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. -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. City of Fresno Printed on 6/19/2023Page 8 of 12 powered by Legistar™ File #:ID 23-978 Agenda Date:6/22/2023 Agenda #: -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). 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 City of Fresno Printed on 6/19/2023Page 9 of 12 powered by Legistar™ File #:ID 23-978 Agenda Date:6/22/2023 Agenda #: 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. 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.P22City of Fresno Printed on 6/19/2023Page 10 of 12 powered by Legistar™ File #:ID 23-978 Agenda Date:6/22/2023 Agenda #: 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. LOCAL PREFERENCE N/A - No purchasing FISCAL IMPACT N/A - No expenditures City of Fresno Printed on 6/19/2023Page 11 of 12 powered by Legistar™ File #:ID 23-978 Agenda Date:6/22/2023 Agenda #: 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 6/19/2023Page 12 of 12 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-979 Agenda Date:6/22/2023 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 6/21/2023Page 1 of 15 powered by Legistar™ 6/22/2023 NEW FILE ID 23-1029 CONTINUED TO JUNE 29, 2023 File #:ID 23-979 Agenda Date:6/22/2023 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. City of Fresno Printed on 6/21/2023Page 2 of 15 powered by Legistar™ File #:ID 23-979 Agenda Date:6/22/2023 Agenda #: BACKGROUND 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. City of Fresno Printed on 6/21/2023Page 3 of 15 powered by Legistar™ File #:ID 23-979 Agenda Date:6/22/2023 Agenda #: The health center will meet OSHPD3 requirements and will accommodate exam,treatment,labs,x- ray,behavioral health,dental and other rooms or 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. City of Fresno Printed on 6/21/2023Page 4 of 15 powered by Legistar™ File #:ID 23-979 Agenda Date:6/22/2023 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 that have 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 are 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 ofCity of Fresno Printed on 6/21/2023Page 5 of 15 powered by Legistar™ File #:ID 23-979 Agenda Date:6/22/2023 Agenda #: 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 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 tripsCity of Fresno Printed on 6/21/2023Page 6 of 15 powered by Legistar™ File #:ID 23-979 Agenda Date:6/22/2023 Agenda #: 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. 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 existingCity of Fresno Printed on 6/21/2023Page 7 of 15 powered by Legistar™ File #:ID 23-979 Agenda Date:6/22/2023 Agenda #: retail projects,the adopted threshold is any net increase in VMT per employee compared to existing 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 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 aCity of Fresno Printed on 6/21/2023Page 8 of 15 powered by Legistar™ File #:ID 23-979 Agenda Date:6/22/2023 Agenda #: 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 development pattern and architectural or traffic conflicts are minimized. The Fresno General Plan provides goals,objectives,and policies to guide development.As City of Fresno Printed on 6/21/2023Page 9 of 15 powered by Legistar™ File #:ID 23-979 Agenda Date:6/22/2023 Agenda #: 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 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), City of Fresno Printed on 6/21/2023Page 10 of 15 powered by Legistar™ File #:ID 23-979 Agenda Date:6/22/2023 Agenda #: 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 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 proposedCity of Fresno Printed on 6/21/2023Page 11 of 15 powered by Legistar™ File #:ID 23-979 Agenda Date:6/22/2023 Agenda #: 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 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. City of Fresno Printed on 6/21/2023Page 12 of 15 powered by Legistar™ File #:ID 23-979 Agenda Date:6/22/2023 Agenda #: 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 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. City of Fresno Printed on 6/21/2023Page 13 of 15 powered by Legistar™ File #:ID 23-979 Agenda Date:6/22/2023 Agenda #: 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 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 City of Fresno Printed on 6/21/2023Page 14 of 15 powered by Legistar™ File #:ID 23-979 Agenda Date:6/22/2023 Agenda #: 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, & Landscape Plan) Exhibit J - Conditions of Approval [March 1, 2023] Exhibit K - Planning Commission Public Hearing Notice & Noticing Map Exhibit L - Planning Commission Resolutions 13789, 13790, & 13791 Exhibit M - City Council Public Hearing Notice & Noticing Map Exhibit N - Environmental Assessment (Including Studies) Exhibit O - Fresno Municipal Code & Housing Element Findings Exhibit P - City Council Resolution for Plan Amendment P22-00507 Exhibit Q - City Council Ordinance Bill for Rezone Application P22-00507 Exhibit R - PowerPoint Presentation City of Fresno Printed on 6/21/2023Page 15 of 15 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-1022 Agenda Date:6/22/2023 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 6/16/2023Page 1 of 1 powered by Legistar™ 6/22/2023 NEW FILE ID 23-1059 REMOVED FROM AGENDA & TABLED TO JUNE 29, 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 23-975 Agenda Date:6/22/2023 Agenda #: 5.-A. CLOSED SESSION ITEM June 22, 2023 SUBJECT CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Government Code Section 54956.9, subdivision (d)(2): Case Name:Cipriano Perez, et. al v. City of Fresno; Claim No: RM2023044330. City of Fresno Printed on 6/29/2023Page 1 of 1 powered by Legistar™ 6/22/2023 DISCUSSED City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-996 Agenda Date:6/22/2023 Agenda #: 5.-B. CLOSED SESSION ITEM SUBJECT CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Government Code Section 54956.9, subdivision (d)(4): 1 potential case City of Fresno Printed on 6/29/2023Page 1 of 1 powered by Legistar™ 6/22/2023 DISCUSSED City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 23-997 Agenda Date:6/22/2023 Agenda #: 5.-C. 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 6/29/2023Page 1 of 1 powered by Legistar™ 6/22/2023 DISCUSSED