Selma City Council
October 7, 2024

CITY MANAGER’S/STAFF’S REPORT
COUNCIL MEETING DATE: October 7, 2024
_________________________________________________________________________________ ITEM NO: A.

SUBJECT: Consideration of a Resolution Approving Job Descriptions for Fire Battalion Chief, Finance Manager, Transit Mechanic I-II and Job Description and Salary Range for Senior Administrative Assistant
_________________________________________________________________________________ BACKGROUND: Per the City of Selma Municipal Code Section 2-2-2, section (D), any revisions to class specifications are required to be approved by the City Council. In addition, any updates to the Master Salary Schedule are also required to be approved by the City Council.

DISCUSSION: The City of Selma is continuously recruiting for vacant positions identified within the Adopted 2024/2025 Fiscal Year Budget. City staff has determined existing job specifications for Transit Mechanic I-II require updating to be in alignment with current industry standards. In order to attract qualified applicants, the job descriptions require amending in order to accommodate current recruitment needs.

In addition, the classification and compensation study prepared by Ramos HR Consulting and accepted by City Council on August 19, 2024, recommended the Fire Division Chief be retitled to Fire Battalion Chief, Finance Department Manager be retitled to Finance Manager and a new class of Senior Administrative Assistant be created.

Staff is recommending job description updates for Fire Battalion Chief, Transit Mechanic III and Finance Manager. The attached job descriptions reflect the desired current requirements for these positions.

Staff is also seeking to establish a new job description and salary range for the following:

Senior Administrative Assistant
This new classification is required to capture the advanced journey level duties that are outside the scope of the journey level Administrative Assistant classification.

Staff is also recommending that the following salary range be adopted for the position listed below:

Current Monthly Proposed Monthly
Senior Administrative Assistant N/A $4,886 - $6,315
A mid-year budget adjustment will be brought to Council to account for the budget impacts associated with the retitling of the Battalion Chief for existing positions and the creation of the new position.
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RECOMMENDATION: Adoption of Resolution Approving Job Descriptions for Fire Battalion Chief, Finance Manager, Transit Mechanic I-II and Job Description and Salary Range for Senior Administrative Assistant.
______________________________________________________________________________ _______/s/____________________________ 10/02/2024__________ Janie Venegas Date
Administrative Services Director
_______/s/____________________________ 10/02/2024__________ Fernando Santillan Date
City Manager
October 7, 2024 Council Packet Page 2
RESOLUTION NO. 2024 – ___R

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SELMA,

CALIFORNIA APPROVING THE JOB DESCRIPTIONS FOR FIRE BATTALION

CHIEF, FINANCE MANAGER, TRANSIT MECHANIC I-II AND JOB

DESCRIPTION AND SALARY RANGE FOR SENIOR

ADMINISTRATIVE ASSISTANT
WHEREAS, On June 3, 2024, the City Council adopted the 2024/2025 fiscal year budget approving Full-Time Employee (FTE) quantities; and,
WHEREAS, The City Manager for the City of Selma, in an effort to recruit for vacant positions within the Adopted 2024/2025 Fiscal Year Budget, has determined job specifications are not up to current industry standards which requires amending job specifications in order to accommodate current recruitment needs as well as current staffing; and,
WHEREAS, The City Council has also determined it is in the best interest of the city to add the Senior Administrative Assistant classification and salary range in order to capture the advanced journey level duties of the clerical series; and, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Selma hereby finds, determines, and declares the following:

Section 1. The above recitals are true and correct;
Section 2. The City Council hereby approves the following:
a. The Fire Battalion Chief, Finance Manager, Transit Mechanic I-II and Senior Administrative Assistant descriptions attached hereto are hereby adopted; b. The Senior Administrative Assistant position will be added as a new classification, allocated to the Fire Department, and shall be a represented, exempt position, with a salary range of $4,886 - $6,315 monthly; Section 3. Severability. The provisions of this Resolution are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the Resolution or their applicability to other persons or circumstances.

Section 4. Effective Date. That the City Clerk shall certify to the adoption of this Resolution and that the same shall be in full force and effect.

The foregoing Resolution was approved and adopted at a regular meeting of the City Council of the Cityof Selma held on the 7
th day of October 2024 by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

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____________________________
Scott Robertson
Mayor
ATTEST:
_______________________________
Reyna Rivera
City Clerk
October 7, 2024 Council Packet Page 4
Department: Fire
Approved: Date X, 2024
Resolution: 2024-XXR

FIRE BATTALION CHIEF

PURPOSE
Under limited direction, plans, organizes, and manages technical work involved in commanding and coordinating fire suppression, prevention, and emergency activities; performs professional administrative and managerial duties involved in the operations of the Fire Department; assumes command of the department in the absence of the Fire Chief; and performs related duties as assigned.

DISTINGUISHING CHARACTERISTICS
The classification of Battalion Chief is a management-level sworn classification populated with multiple incumbents. A Fire Battalion Chief serves as the highest-ranking officer on-duty on a 24-hour basis and is responsible for administering the day-to-day activities and operations of the Fire Department within an assigned shift. Incumbents may have direct oversight over the Fire Departments scheduling, safety and personnel, training, emergency medical services, logistics, disaster preparedness, and serve as Incident Commander.

The classification Fire Battalion Chief is distinguished from the next higher-level class of Fire Chief in that the latter performs at an executive level and is responsible for the administration and management of all services and operations of the Fire Department. It is further distinguished from the lower-level class of Fire Captain in that the latter performs at a supervisory-level and typically has shift responsibility for a station, which only includes the supervision of Fire Engineers and Firefighters.

SUPERVISION RECEIVED AND EXERCISED
Incumbents work under limited direction and exercise considerable independent judgment subject to departmental regulations and general administrative review.

Employees in this class typically report to the Fire Chief and have direct supervision of Fire Captains and non-sworn subordinate personnel.

ESSENTIAL FUNCTIONS
The duties listed below are intended only as illustrations of the various types of work that may be performed. Specific duties will depend upon work assignment. The omission of specific statements of duties does not exclude them from the position if the work is similar, related or a logical assignment to this class.

1. Responds to emergency incidents, deploys personnel and equipment, and when applicable assumes command of an emergency in the absence of the Fire Chief.

2. Prepares written and oral reports and technical documents relating to emergency calls, fire protection services, fire department operations and new procedures.

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3. Assists the Fire Chief in planning and budgeting and proposes recommendations for improvements.

4. Plans, coordinates and implements training programs for Fire Department staff, covering all facets of modern fire service operations, emergency medical services, and specialized rescue.

5. Administers overall operations of all fire suppression personnel, paramedic personnel, and fire stations on an assigned shift.

6. Monitors, supervises, and evaluates assigned personnel while providing mentoring, coaching and professional development opportunities.

7. Ensures the implementation of goals, objectives, policies, procedures and work standards of fire management programs and systems.

8. Functions as a Shift Commander performs technical work in commanding and coordinating emergency and non-emergency calls.

9. Handles grievances from officers and firefighters, maintains departmental discipline and the conduct and general behavior of personnel.

10. Represents the city at local and regional meetings, interacts with other agencies and coordinates interagency programs.

11. Performs related duties as assigned.

KNOWLEDGE, SKILLS, AND ABILITIES
Knowledge of:

1. Methods, practices, and techniques of fire and life safety, fire prevention, fire suppression, emergency medical response, emergency planning, and other fire servicerelated activities.

2. Principles and practices of employee supervision, including work planning, assignment, review, evaluation, and the training of staff in work procedures.

3. Principles, practices, and techniques of Fire Department administration.

4. Advanced methods and techniques of modern firefighting, fire inspection and fire prevention.

5. Laws, ordinances, rules, regulations, and codes affecting the work of the Fire Department and coordination with other firefighting agencies.

6. Operation and maintenance of modern firefighting equipment and firefighting apparatus.

7. Geography, types of building construction, major fire hazards, water supply, fire and building laws and regulations of the City.

Ability to:

1. Assist in planning, organizing, and directing managing the work of the Fire Department.

2. Prepare clear and concise administrative and financial reports.

3. Develop, plan, and instruct in-service training programs.

4. Assist in the development and implementation of department policies and practices.

5. Help establish and maintain department morale and discipline.

6. Establish and maintain effective relationships with governmental officials, employees, and the general public.

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7. Operate modern apparatus and equipment used in fire suppression and rescue activities.

8. Assist in ensuring the readiness of the Fire Department to meet the fire and medical emergency needs of the City.

MINIMUM QUALIFICATIONS
Experience:

Six (6) years of full-time progressively responsible firefighting experience including at least two (2) years at a level higher than or equal to the City of Selma class of Fire Captain.

Education:

Graduation from an accredited college with an Associate degree.

An Associate degree in the program of Fire Science, Fire Technology, Fire Administration, or related field is highly desirable.

Substitution:

Additional qualifying experience may substitute for the required education on a year-to-year basis.

Licenses and Certifications:
• Possession and maintenance of a valid Class C California Driver’s License with a Firefighter’s endorsement, and a satisfactory driving record. • Possession of a valid Healthcare Provider CPR certification. • Ability to obtain a valid CCEMSA EMT Certification or Paramedic License within thirty (30) days of appointment.
• Possession of Company Officer certificate from the California State Fire Marshal at time of appointment.
• Ability to obtain a Chief Fire Officer certificate from the California State Fire Marshal within twenty-four (24) months of appointment.
• Possession of the Fire and Emergency Services Instructor (FESI) I Certification from the California State Fire Marshal is highly desirable.

Certification from other associations may be deemed acceptable at the discretion of the Fire Chief.

SPECIAL REQUIREMENTS
Medical Examination / Drug Test
If considered for appointment, candidates may be required to pass a medical examination and a drug test.

Background
If considered for appointment, candidates may be required to pass a background investigation, which may include a criminal history check for job-related convictions, fingerprinting, polygraph test, psychology exam and drug use history.

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WORKING CONDITIONS
The conditions described here are representative of those that must be met by employees to successfully perform the essential functions of this class. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.

Physical Demands
While performing these job duties, incumbents require sufficient mobility to work in an office setting operating office equipment and respond to emergency situations requiring emergency apparatus and equipment. The incumbent is regularly required to sit, walk and stand; talk and hear; use hands to handle, feel or operate objects, tools, or controls; and perform repetitive movements of hands or wrists. Incumbents must have close visual acuity to perform activities such as preparing and analyzing data and figures while viewing a computer screen. This is partially a sedentary, partially a field classification that requires operating in emergency situations and identifying and assessing problems or hazards. While performing these job duties, incumbents require sufficient mobility to lift and carry up to 50 pounds on a regular basis; ability to maneuver a 200-pound individual in need of assistance.

Mental Demands
While performing the duties of this job, an employee uses written and oral communication skills; reads and interprets data, information, and documents; analyzes and solves problems; uses math and mathematical reasoning; observes and interprets people and situations; learns and applies new information and skills; performs highly detailed work; deals with changing deadlines, constant interruptions, and multiple concurrent tasks; and interacts with others encountered in the course of work.

Work Environment
The employee works primarily in an office environment and may be required to travel outside City boundaries to attend meetings.

Incumbents may be required to work extended hours including evenings, weekends, and holidays. Employees may be called for field work and may be exposed to extreme noise, cold and hot temperatures, inclement weather conditions, road hazards, substantial heights, confining workspace, chemicals, mechanical and electrical hazards, hazardous physical substances, and fumes. Employees may interact with upset staff and members of the public in interpreting and enforcing departmental policies and procedures.

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Department: Finance
Approved: October 7, 2024
Resolution 2024-XXR

FINANCE MANAGER

PURPOSE
Under general direction, responsible for supervising staff; overseeing day-to-day operations; planning operational activities; monitoring departmental budget; identifying and resolving financial discrepancies; interpreting and applying community applicable codes, laws, rules and regulations; training city staff on policies and procedures; handling escalated customer service issues; coordinating activities with internal staff and external agencies; and developing in and implementing operation procedures. Oversee activities and operations of the Finance Department, including utility billing, accounts payable, payroll, purchasing, business licensing and budget activities.

SUPERVISION RECEIVED AND EXERCISED
Receives general direction from the City Manager, Finance Director, or designee. Exercises direct and indirect supervision and management over professional, technical and clerical staff.

ESSENTIAL FUNCTIONS STATEMENT: Management reserves the right to add, modify, change or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees may perform the essential functions of the job.

Essential Functions (Illustrative Only):
• Assists with full management responsibility for assigned services and activities of the Finance Department, including utility billing, accounts payable, payroll, business licenses, purchasing, and assists in the preparation of the City operating and capital improvement plan budgets.
• Exhibits a service orientation toward internal and external customers and maintains productive working relationships.
• Actively manage and actively participate in the development and implementation of organizational and departmental goals, objectives, policies and priorities for assigned programs; recommend and administer policies and procedures. • Supervise staff to include: prioritizing and assigning work; conducting performance evaluations; ensure staff is trained; ensure employees follow policies and procedures; maintain a safe working environment; and, provide hiring, termination, and disciplinary recommendations.
• Plan and oversee the daily operations of the organization's financial activities. Review and provide guidance and approval in daily processing activities ensuring accuracy and compliance with applicable state, federal and local regulations and with generally accepted accounting principles.
• Manage audits, identify discrepancies and implement corrective actions. Research and analyze fiscal data and information. Develop and prepare related reports. Provide assessments and recommendations.
• Provide training, explain and interpret applicable policies, procedures and regulations.

Respond to questions and requests for information from staff and the general public.

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Research and resolve escalated disputes and issues. Collaborate with internal and external representatives to resolve issues.
• Develop, implement, and administer operating policies and procedures and monitor compliance. Develop and implement department budget. Monitor expenditures to ensure compliance with approved budget.
• Monitor and evaluate the efficiency and effectiveness of service delivery methods and procedures; recommend, within departmental policy, appropriate service and staffing levels.
• Oversee utility billing cycles including collections and the creation of new accounts; prepare reports on potential changes to utility billing. • Supervise accounts payable functions including processing of invoices; review warrant registers prior to payment to vendors.
• Receive and approve payroll information including payroll warrants and warrants for taxes and deductions.
• Assist in the monitoring and accounting for all City debts. • Participate in annual City audits; meet and confer with auditor; compile all necessary information; research and explain areas of concern.
• Serve as the liaison or designee for the Finance Department with other divisions, departments and outside agencies; negotiate and resolve sensitive and controversial issues.
• Provide responsible staff assistance to the Finance Director. • Attend and participate in professional group meetings; stay abreast of new trends and innovations in the field of accounting and financial services. • Perform related duties and responsibilities as required.

QUALIFICATIONS / REQUIREMENTS
Knowledge of:
• Operational characteristics, services and activities of a municipal financial management program.
• Principles and practices of accounting and financial management. Principles and practices of program development and administration. Methods and techniques of auditing.
• Principles and practices of payroll administration.
• Principles and practices of municipal budget preparation and administration. Principles of business letter writing and basic report preparation. • Principles and procedures of financial record keeping and reporting. Intermediate mathematical principles.
• Principles of supervision, training and performance evaluation. • Pertinent federal, state and local laws, codes and regulations.

Ability to:
• Oversee and participate in the management of a comprehensive financial management program.
• Oversee, direct and coordinate the work of lower level staff. • Plan, organize, direct and coordinate the work of lower level staff. Supervise, train and evaluate staff.
• Manage and/orsupervise all City accounting functions. Participate in auditing activities.

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• Participate in the development and administration of division goals, objectives and procedures.
• Administer large program and department budgets.
• Prepare clear and concise administrative and financial reports • Analyze problems, identify alternative solutions, project consequences of proposed actions and implement recommendations in support of goals. • Research, analyze and evaluate new service delivery methods and techniques. Interpret and apply federal, state and local policies, laws and regulations. • Communicate clearly and concisely, both orally and in writing. • Establish and maintain effective working relationships with those contacted in the course of work.
• Maintain effective audio-visual discrimination and perception needed for making observations, communicating with others, reading, writing and operating assigned equipment.
• Maintain mental capacity which allows the capability of making sound decisions and demonstrating intellectual capabilities.
• Maintain physical condition appropriate to the performance of assigned duties and responsibilities.

REQUIREMENTS
Education and Experience:

Any combination of experience and training that would likely provide the required knowledge, skills and abilities is qualifying. A typical way to obtain the knowledge and abilities would be:

ABachelor's Degree from an accredited four-year college or university with major course work in business administration, public administration, accounting, finance or a related field required and five (5) years of increasingly responsible fiscal management in business or government with at least two (2) years in a responsible supervisory capacity.

A Master's Degree, Certified Public Accountant or equivalent is preferred.

Licenses and Certifications:
• Possession of, or ability to obtain, a valid Class C California driver’s license. • Ability to be bonded.

ADDITIONAL INFORMATION
May be required to work on evenings, weekends and holidays.

Physical Demands:

Must possess mobility to work in a standard office setting and use standard office equipment, including a computer, to operate a motor vehicle and to visit various City and meeting sites; vision to read printed material and a computer screen; and hearing and speech to communicate in person, before groups, and over the telephone. This is primarily a sedentary office classification, although standing in work areas and walking between work areas may be required. Finger dexterity is needed to access, enter and retrieve data using a computer October 7, 2024 Council Packet Page 11
keyboard or calculator and to operate standard office equipment. Positions in in this classification may occasionally bend, stoop, kneel, reach, push, and pull drawers open and closed to retrieve and file information. Positions in this classification frequently lift and carry reports and records that typically weigh less than 20 pounds.

Environmental Elements:

Employees work in an office environment with moderate noise levels, controlled temperature conditions, and no direct exposure to hazardous physical substances. Employees may interact with upset staff and/or public and private representatives in interpreting and enforcing departmental policies and procedures.

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Department: Fire and Police
Approved: October 7, 2024
Resolution 2024-XXR

SENIOR ADMINISTRATIVE ASSISTANT

PURPOSE
Under general direction, performs a variety of complex administrative and clerical, bookkeeping and other financial duties under the general direction of a department head and performs related duties as required.

DISTINGUISHING CHARACTERISTICS
Senior Administrative Assistant is the paraprofessional senior level class in the clerical series. Incumbents in this class are expected to perform the full range of clerical and administrative functions requiring a high degree of technical expertise.

This classification is typically reserved for larger departments such as the Fire Department, Police Department, and Public Works Department.

SUPERVISION RECEIVED AND EXERCISED
Incumbents work with moderate supervision and exercise moderate independent judgment to ensure the clerical duties of the department are met.

Employees in this class typically report to a Department Head or designee.

ESSENTIAL FUNCTIONS STATEMENT: Management reserves the right to add, modify, change or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees may perform the essential functions of the job.

Essential Functions (Illustrative Only):
• Performs a wide variety of complex administrative and clerical duties for a City department.
• Provides information to the public and City employees that requires the use of independent judgment and the interpretation of policies and procedures. • Composes a variety of correspondence, memoranda, reports, budgets, agenda, minutes, forms and other materials.
• Compiles and maintains informational materials from a variety of sources; compiles and analyzes data for special projects and various reports. • Drafts reports using word processing software; proofreads materials for accuracy, completeness and compliance with City rules and regulations.; distributes or submits pertinent documentation to appropriate sources. • Develops, maintains and updates specialized databases, records and reports to support technical work processes in areas of assigned responsibility. • Accesses, maintains, monitors and updates departmental budget, financial, and payroll records.

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• Identifies and refers matters to the assigned department head in order or priority. • May supervise, assist, assign, evaluate and train subordinate office clerical personnel.
• Maintains, monitors inventory of, orders and distributes department supplies and equipment; enters purchase orders, receives and maintains inventory of supplies and equipment, receives, reviews and processes invoices. • Accepts payment of fees; maintain and process cash records • Performs related duties as assigned

KNOWLEDGE, SKILLS AND ABILITIES
Knowledge of:
• Office administrative and management practices and procedures. • Correct English usage, including spelling, grammar and punctuation • Basic mathematical computations
• Modern office, business and accounting practices and procedures. • Methods used in financial and statistical record keeping. • Organization, procedures and operation details of City department to which assigned.
• Advanced uses of word processing, graphics, spreadsheet, database and other software to create documents and materials requiring the interpretation and manipulation of data.

Ability to:
• Operate a computer, word processing and spreadsheet software and other standard office equipment.
• Perform departmental administrative functions and duties. • Manage multiple and rapidly changing priorities to meet the needs and expectations of management.
• Speak effectively to communicate in person or over the telephone with the public and answer questions regarding department policy and procedures. • Organize, research and maintain complete and extensive office files. • Interpret and apply departmental policies, rules and regulations. • Work independently in the absence of supervision.
• Understand and follow written and oral instructions.
• Prepare clear, accurate and concise records and reports. • Collect and analyze data; make arithmetical calculations with speed and accuracy. • Establish and maintain cooperative relationships with those contacted during the course of work.

MINIMUM QUALIFICATIONS
Experience:

Four (4) years of increasingly responsible experience in administration, financial, or clerical office support.

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Education:

Graduation from an Associate’s degree program in Business Administration, Public Administration or a closely related field. A Bachelor's degree is highly desirable.

Substitution:

Required License and Certification
Possession of a valid California Class C Driver's License at the time of appointment.

WORKING CONDITIONS
The conditions described here are representative of those that must be met by employees to successfully perform the essential functions of this class. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.

Physical Demands
While performing the duties of this job, incumbents require sufficient mobility to work in an office setting operating standard office equipment. This is primarily a sedentary office classification although standing in work areas and walking between work areas may be required. Finger dexterity is needed to access, enter and retrieve data using a computer keyboard. Positions in this classification occasionally bend, stoop, kneel, reach, push and pull drawers open and closed to retrieve and file information. Employees must possess the ability to lift, carry, push, and pull materials and objects necessary to perform job functions.

Mental Demands
While performing the duties of this job, an employee uses written and oral communication skills; reads and interprets data, information and documents; analyzes and solves problems; uses math and mathematical reasoning; observes and interprets people and situations; learns and applies new information and skills; performs highly detailed work; deals with changing deadlines, constant interruptions and multiple concurrent tasks; and interacts with others encountered in the course of work.

Work Environment
The employee works in an office environment with moderate noise levels, controlled temperature conditions and no direct exposure to hazardous physical substances.

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Department: Transit
Approved: October 7, 2024
Resolution 2024-XXR

TRANSIT MECHANIC I-II

PURPOSE
Under immediate supervision (Transit Mechanic I) or general supervision (Transit Mechanic II) of the Transit Maintenance Manager or designee, performs maintenance on Fresno County Rural Transit Agency (FCRTA) fleet. Diagnoses mechanical malfunctions and conducts routine preventative maintenance checks and/or repairs.

Maintains service records and assists with driver training.

DISTINGUISHING CHARACTERISTICS
Transit Mechanic I – This is the entry level class in the Transit Mechanic series. This class is distinguished from the Transit Mechanic II in that incumbents of this class are under close supervision and perform more routine maintenance duties while learning City policies, procedures and specific methods for performance of the full range of transit mechanic work.

Transit Mechanic II – This the journey level class within the Transit Mechanic series.

Employees within this class are distinguished from the Transit Mechanic I by the greater independence with which an incumbent is expected to operate. Employees at this level receive only occasional instruction or assistance and are fully competent to independently perform the full range of responsible and difficult maintenance and inspections, exercises independent judgment and initiative in the performance of assignments.

Positions in this class are flexibly staffed and are normally filled by advancement from the lower class of Transit Mechanic I, or, when filled from the outside, require prior transit mechanic experience. Appointment to the higher class requires that the employee be performing the full range of duties assigned to the class.

SUPERVISION RECEIVED AND EXERCISED:

Transit Mechanic I - Exercises no supervision.

Transit Mechanic II – May provide guidance to less experienced transit mechanic staff.

ESSENTIAL FUNCTIONS STATEMENT: Management reserves the right to add, modify, change or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees may perform the essential functions of the job.

Essential Functions (Illustrative Only):
• Performs repairs on ignition systems, fuel systems, brake systems, steering and suspension systems or components.
• Adjusts, repairs, fits, grinds, and overhauls.
• Diagnoses equipment/vehicle malfunctions and performs prevention October 7, 2024 Council Packet Page 16
maintenance checks.
• Drives Fresno County Rural Transit Agency-owned commercial vehicles for service, repair testing, and emergency calls to drivers. • Assists in driver training.
• Assists in developing bid specification for vehicle supplies and equipment • Maintains service records.
• Provides and uses his/her personal hand tools to perform standard maintenance repairs.
• Works evenings and weekends as required.
• Performs other duties as assigned.

RESOURCES, INCLUDING MONEY, EQUIPMENT, MATERIAL AND RECORDS All motorized equipment operated by the FCRTA; automotive tools and equipment; materials and supplies; records and logs needed to verify compliance with state rules and regulations. Employee (not City) is responsible for providing personal hand tools to perform the essential functions and duties of this position.

QUALIFICATIONS / REQUIREMENTS:

Transit Mechanic I
Knowledge of:
• General knowledge of English and math
• Specialized knowledge of methods, materials, tools, equipment and techniques used in the repair and maintenance of light and medium duty automotive equipment.
• Specialized knowledge of occupational hazards and safety precautions of the trade.
• Effective written and verbal communication skills.

Ability to:
• Diagnose malfunctions and making repairs to engine, fuel system, hydraulics, air brakes, ignition, electrical, cooling system, transmission, and differential. • Use and operate tools, machinery and specialized equipment engaged in automotive repair.
• Keep and maintain clear and accurate records.
• Solve problems by troubleshooting, diagnosing mechanical, hydraulic, electrical and electronic problems in equipment.
• Effectively and efficiently deal with time constraints. • Communicate effectively both orally and in writing.
• Work non-traditional hours and days to meet the needs of this position.

REQUIREMENTS:

Education and Experience:

Equivalent to the completion of the twelfth (12th) grade with at least one (1) year of experience October 7, 2024 Council Packet Page 17
as a mechanic repairing automotive and/or heavy equipment.

Experience in the following Automotive Service Excellence (ASE) categories are required:

Suspension and Steering, Automotive and Brakes; Heater and Air Conditioner; Engine Repair; Engine Performance; other ASE certificates may be considered and substituted for above categories upon management review.

Licenses and Certifications:
• Possession of a valid California Driver’s License and good driving record required. • Ability to obtain a California Class B driver’s license within six (6) months of hire. • Possession of a valid California Class B driver’s license is preferred.

SPECIAL REQUIREMENTS
Within thirty (30) days of appointment, a valid Commercial Instructional Permit must be obtained. Within six (6) months of appointment, a valid Commercial Class B California Driver’s License with required endorsements and without air brake restriction must be obtained and maintained.

Within twelve (24) months of appointment, must obtain three (3) valid certifications issued by the National Institute for Automotive Service Excellence (ASE) in the following components:

Engines (T2)
Drive Train (T3)
Brakes (T4)
All three certification examinations are required to be taken within the first six months of their appointment. Failure to obtain the ASE certifications within twelve months will result in termination from this class.

Transit Mechanic II
In addition to the qualifications of a Transit Mechanic I:

Ability to:
• Assist in training new employees.

Education and Experience:

Equivalent to the completion of the twelfth (12th) grade with at least three (3) years of experience as a mechanic repairing automotive and/or heavy equipment.

Experience in the following Automotive Service Excellence (ASE) categories are required:

Suspension and Steering, Automotive and Brakes; Heater and Air Conditioner; Engine Repair; Engine Performance; other ASE certificates may be considered and substituted for above categories upon management review.

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Licenses and Certifications:
• Possession of a valid California Driver’s License and good driving record required. • Ability to obtain a California Class B driver’s license within six (6) months of hire. • Possession of a valid California Class B driver’s license is preferred.

SPECIAL REQUIREMENTS
Within thirty (30) days of appointment, a valid Commercial Instructional Permit must be obtained. Within six (6) months of appointment, a valid Commercial Class B California Driver’s License with required endorsements and without air brake restriction must be obtained and maintained.

Within twelve (24) months of appointment, must obtain three (3) valid certifications issued by the National Institute for Automotive Service Excellence (ASE) in the following components:

Engines (T2)
Drive Train (T3)
Brakes (T4)
All three certification examinations are required to be taken within the first six months of their appointment. Failure to obtain the ASE certifications within twelve months will result in termination from this class.

ADDITIONAL INFORMATION:

May be required to work on evenings, weekends and holidays.

Physical Demands:

Must possess mobility to work in a garage type setting, with high level hand/eye coordination; close vision, distance vision, color vision, peripheral vision, depth perception, and ability to adjust focus; use hands to finger, handle, or feel; reach with hands and arms; walk, stand, climb, kneel, crouch, reach above shoulder level, taste or smell; talk and hear; ability to work in an outdoor environment.

Prolonged periods of standing, moderate strength and the ability to balance, lift, carry, push, pull and move items up to 50 lbs.

Environmental Elements:

Employees work in a garage type environment with moderate noise levels, uncontrolled temperature conditions, cramped and awkward positions, heights, dust, grease and oil, smells, open flame and direct exposure to hazardous physical conditions. Employees may interact with upset staff and/or public and private representatives in interpreting and enforcing departmental policies and procedures.

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CITY MANAGER’S/STAFF’S REPORT
CITY COUNCIL MEETING: October 7, 2024
ITEM NO: B.

SUBJECT: Consideration of a Resolution Approving Professional Services Agreement with Griffin Structures for Construction Management with Master Architectural Services for the City of Selma New Fire Station No. 3 Project BACKGROUND: The City of Selma was awarded $4,500,000 in State funding for the construction of a new fire station. The City Council has selected the design build process for the New Fire Station No. 3 Project. An RFP was drafted and published to solicit bids for Construction Management with Master Architectural Services. Griffin Structures was awarded the project on July 15, 2024 and the City Council authorized the City Manager to negotiate the terms of an agreement.

DISCUSSION: The City of Selma desires to engage Griffin Structures, Inc to perform the services described in Exhibit A to construct a new fire station utilizing the design-build process. The Agreement shall commence on the Effective Date, and shall remain and continue in effect until tasks described herein are completed, but in no event later than sixty (60) days after the date of the recording of the Notice of Completion (or, if a Notice of Completion is not recorded within fifteen (15) days of completion, then within thirty (30) days after final payment is due), unless sooner terminated pursuant to the provisions of this Agreement.

Griffin Structures Inc. will provide the City with professional construction management and architectural and engineering design services from project inception to completion, as described in the attached Exhibit B, Scope of Services. Griffin Structures Inc. shall be responsible for developing the project specifications and bridging documents, for assisting the City with the pre-qualification and RFP process for selection of the Design-Build Entity (DBE). Griffin Structures Inc. will be required to provide design evaluation and support services to the City during the City’s separate solicitation for a Design-Build entity whose responsibility will be to provide the final design and to construct the new facility. Once a Design-Build contract has been awarded by the City, Griffin Structures Inc. shall provide design support and oversight to ensure the Design-Build entity’s final design meets project specifications and bridging documents and construction management services to ensure the successful delivery of the project through occupancy.

The project is expected to take 18 to 24 months to complete.

Fiscal Impact: Estimated Construction Management and Master Architect services are not to exceed: $1,094,225. The funding for this agreement is partially funded in Ambulance Fund October 7, 2024 Council Packet Page 20
600, Professional Services, in the amount of $750,000. The remaining contract amount ($344,225) is expected to be budgeted in the upcoming FY 25-26 Budget.

The total funding for the fire station project will come from State Appropriation Funding ($4,500,000) received in 2022, as well as a combination of Ambulance Fund (est. $3,500,000), Measure S (est. $2,000,000), General Fund (est. $800,000), and Development Impact Fees (est. $200,000). Please note these are estimated amounts based on currently available balances and the City Council has not made specific General Fund allocations for this project. Once a more concrete construction estimate is developed after the facility is designed, the funding sources will be determined more accurately.

RECOMMENDATION City Council Approve by Resolution the Professional Services Agreement between Griffin Structures and the City of Selma for Construction Management with Master Architectural Services for the City of Selma New Fire Station No. 3 Project and authorize the City Manager or Designee to execute all associated documents. _______/s/___________________________________ 09/26/2024__ Jordan Webster, Fire Chief Date
_______/s/___________________________________ 09/26/2024__ Fernando Santillan, City Manager Date
October 7, 2024 Council Packet Page 21
RESOLUTION NO. 2024 – ___R

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SELMA,

CALIFORNIA, APPROVING PROFESSIONAL SERVICES AGREEMENT

BETWEEN GRIFFIN STRUCTURES AND THE CITY OF SELMA FOR

CONSTRUCTION MANAGEMENT WITH MASTER ARCHITECTURAL
SERVICES FOR THE CITY OF SELMA NEW FIRE STATION NO. 3 PROJECT AND

AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE ALL

ASSOCIATED DOCUMENTS
WHEREAS, the City Council of the City of Selma approved the Design Build Process for the New Fire Station No. 3; and
WHEREAS, the Council awarded the New Fire Station 3. Project to Griffin Structures Inc.; and
WHEREAS, the cost for Construction Management and Master Architect services are not to exceed $1,094,225.00; and
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:

Section 1. The above recitals are true and correct and are incorporated herein by reference.

Section 2. The City Council hereby approves Professional Services Agreement between Griffin Structures and the City of Selma for Construction Management with Master Architectural Services for the City of Selma New Fire Station No. 3 project and authorize the City Manager or Designee to execute all associated documents.

Section 3. Severability. The provisions of this Resolution are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the Resolution or their applicability to other persons or circumstances.

Section 4. Effective Date. That the City Clerk shall certify to the adoption of this Resolution and that the same shall be in full force and effect.

PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Selma on this 7
th day of October 2024 by the following roll call vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

October 7, 2024 Council Packet Page 22
____________________________
Scott Robertson, Mayor
ATTEST:
__________________________
Reyna Rivera, City Clerk
October 7, 2024 Council Packet Page 23

CITY OF SELMA

PROFESSIONAL SERVICES AGREEMENT
This PROFESSIONAL SERVICES AGREEMENT (“Agreement”), is made and effective as of ____________ (“Effective Date”), between the City of Selma, a municipal corporation (“City”) and Griffin Structures, Inc. (“Consultant”). The City and Consultant are hereinafter collectively referred to as the “Parties”.

RECITALS
WHEREAS, City desires to engage Consultant to perform the services described in Exhibit A, attached hereto and incorporated herein as though set forth in full (“Project Description”), and Consultant desires to perform such services in accordance with the terms and conditions set forth herein.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, City and Consultant agree as follows:

1. TERM
This Agreement shall commence on the Effective Date, and shall remain and continue in effect until tasks described herein are completed, but in no event later than sixty (60) days after the date of the recording of the Notice of Completion (or, if a Notice of Completion is not recorded within fifteen (15) days of completion, then within thirty (30) days after final payment is due), unless sooner terminated pursuant to the provisions of this Agreement.

2. SERVICES
(a) Consultant shall perform the tasks (“Services”) described and set forth in Exhibit B, attached hereto and incorporated herein as though set forth in full. (“Scope of Services”). Tasks other than those specifically described in the Scope of Services shall not be performed without prior written approval of the City. The Services shall be performed by Consultant, unless prior written approval is first obtained from the City. In the event of conflict or inconsistency between the terms of this Agreement and Exhibit B, the terms of this Agreement shall prevail.
(b) City shall have the right to request, in writing, changes to the Services. Any such changes mutually agreed upon by the Parties, and any corresponding increase or decrease in compensation, shall be incorporated by written amendment to this Agreement.
(c) Consultant shall perform all Services in a manner reasonably satisfactory to the City and in a manner in conformance with the standards of quality normally observed by an entity providing Cost Allocation & User Fee Study, serving a municipal agency.
(d) Consultant shall, in accordance with its standard of care, comply with all October 7, 2024 Council Packet Page 24
applicable federal, state, and local laws, regulations and ordinances in the performance of this Agreement, including but not limited to, the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.). During the term of this Agreement, Consultant shall not perform any work for another person or entity for whom Consultant was not working on the Effective Date if both (i) such work would require Consultant to abstain from a decision under this Agreement pursuant to a conflict of interest statute or law; and (ii) City has not consented in writing to Consultant’s performance of such work. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq. Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City.

If Consultant was an employee, agent, appointee, or official of the City in the previous twelve (12) months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of Government Code §1090 et. seq., the entire Agreement is void and Consultant will not be entitled to any compensation for Services performed pursuant to this Agreement, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California. (e) Consultant represents that it has, or will secure at its own expense, all licensed personnel required to perform the Services. All Services shall be performed by Consultant or under its supervision, and all personnel engaged in the Services shall be qualified and licensed to perform such services.

3. MANAGEMENT
City's City Manager shall represent the City in all matters pertaining to the administration of this Agreement, review and approval of all products submitted by Consultant, but shall have no authority to modify the Services or the compensation due to Consultant.

4. PAYMENT
(a) The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit C (“Compensation”), attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed one million ninety-four thousand two hundred twenty five dollars ($1,094,225.00) for the total Term of the Agreement unless additional payment is approved as provided in this Agreement. (b) Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City and Consultant at the time City’s written authorization is given to Consultant for the performance of said services.

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(c) Consultant shall submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of Consultant’s fees it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. Any final payment under this Agreement shall be made within 45 days of receipt of an invoice therefore. Consultant reserves the right to assess a 1 ½ % per month (18% per year) service charge on any nondisputed unpaid balances over 45 days outstanding.

5. SUSPENSION OR TERMINATION OF AGREEMENT
(a) The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. (b) In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination. Upon termination of the Agreement pursuant to this Section, the Consultant shall submit an invoice to the City pursuant to Section 4 of this Agreement.

6. OWNERSHIP OF DOCUMENTS
(a) Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to review such books and records; shall give City the right to examine and audit said books and records; shall permit City to make transcripts or copies therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.
(b) Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files, Consultant shall make available to the City, at the Consultant’s office, and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, copying and/or printing computer files.

October 7, 2024 Council Packet Page 26
Consultant hereby grants to City all right, title, and interest, including any copyright, in and to the documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared by Consultant in the course of providing the services under this Agreement. All reports, documents, or other written material developed by Consultant in the performance of the Services pursuant to this Agreement, shall be and remain the property of the City.
(c) Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files, Consultant shall make available to the City, at the Consultant’s office, and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, copying and/or printing computer files. Consultant hereby grants to City all right, title, and interest, including any copyright, in and to the documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared by Consultant in the course of providing the services under this Agreement. All reports, documents, or other written material developed by Consultant in the performance of the Services pursuant to this Agreement, shall be and remain the property of the City. The City’s rights afforded herein this paragraph are contingent upon the City’s payment in full to the Consultant, and the conveyance of such rights to the City shall not deprive the Consultant or it its subconsultants, the right to retain electronic data, or other reproducible copies of their drawings or other documents, or the right to reuse information contained in them in the normal course of their professional activities. Reuse without the Consultant’s professional involvement will be at the City sole risk and without liability to the Consultant or its subconsultants. The City shall indemnify and hold harmless the Consultant and its subconsultants from and against claims, losses and expense, including but not limited to attorneys’ fees, arising out of reuse without the engagement of Consultant of electronic data drawings or other documents.

7. INDEMNIFICATION
(a) Indemnity for professional liability
When the law establishes a professional standard of care for Consultant’s Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless the City and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all claims (including, without limitation, claims for bodily injury, death, or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, stop notices, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney’s fees, disbursements and court costs) caused in whole or in part by any negligent or wrongful act, error or omission of Consultant, any willful misconduct or negligent act or omission by Consultant relating to the performance of, or omission to perform, any term or condition of this Agreement, or any liability of any nature, for or on account of any patented or unpatented article, appliance, equipment or device used in the performance of the Agreement by Consultant or anyone for whom Consultant, as well as its officers, agents, October 7, 2024 Council Packet Page 27
employees or Subconsultants (or any agency or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement. (b) Indemnity for other than professional liability
Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsel fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or agency for which Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant.
(c) Consultant is not, and shall not act as, a design professional (as defined in Civil Code §2782.8(c)) under this Agreement. However, Consultant shall facilitate the negotiation of the contract(s) between Consultant and any design professional(s) retained by Consultant in connection with the Project to contain a clause whereby the design professional(s) shall indemnify, defend and hold harmless the City and any and all of its officials and employees, except that the design professional’s duty to indemnify, including the duty and cost to defend, is limited to the extent that the claims against the City and its officials and employees arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the design professional, and in no event will the cost to defend charged to design professional exceed design professional’s proportionate percentage of fault (provided, however, that if one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, then design professional shall meet and confer with the other parties regarding unpaid defense costs). For purposes of the preceding sentence, “design professional” has the meaning ascribed to it Civil Code §2782.8(c), including the architect and the engineers of record who are engaged either by Consultant or by such design professionals (i.e., the design professionals’ sub-consultants) to design the Project and create the Construction Documents. (d) Survival
The rights and obligations under this Section 7 will survive the termination or expiration of this Agreement.

8. INSURANCE
Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit D, attached hereto and incorporated herein by reference.

9. INDEPENDENT CONSULTANT
October 7, 2024 Council Packet Page 28
(a) Consultant is and shall at all times remain as to the City a wholly independent consultant and/or independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against the City, or bind the City in any manner. (b) No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation including, but not limited to, Worker’s Compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.

10. LEGAL RESPONSIBILITIES
The Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this Section.

11. UNDUE INFLUENCE
Consultant declares and warrants that no undue influence or pressure was used against or in concert with any officer or employee of the City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City has or will receive compensation, directly or indirectly, from Consultant, or from any officer, employee or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity.

12. NO BENEFIT TO ARISE TO LOCAL OFFICERS AND EMPLOYEES No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Project during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the Project performed under this Agreement.

13. RELEASE OF INFORMATION/CONFLICTS OF INTEREST
(a) All information gained by the Parties in performance of this Agreement shall be considered confidential and shall not be released by either Party without the other Party’s prior October 7, 2024 Council Packet Page 29
written authorization. Consultant, its officers, employees, agents, or subconsultants, shall not without written authorization from the City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the City, unless otherwise required by law or court order. (b) Consultant shall promptly notify City should Consultant, its officers, employees, agents, or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request (“Discovery”), court order, or subpoena from any person or party regarding this Agreement and the work performed there under or with respect to any project or property located within the City, unless Consultant is prohibited by law from informing the City of such Discovery, court order or subpoena. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing, or similar proceeding as allowed by law. Unless City is a party to the lawsuit, arbitration, or administrative proceeding and is adverse to Consultant in such proceeding, Consultant agrees to cooperate fully with the City and to provide the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

14. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:

To City: City of Selma
1710 Tucker Street
Selma, CA 93662
Attention: City Manager
With a Copy To: Megan Crouch, City Attorney
To Consultant: Griffin Structures, Inc.
1 Technology Drive, Building i, Suite 829
Irvine, CA 92618
Attention: Jon Hughes

15. ASSIGNMENT
The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City.

Before retaining or contracting with any subconsultant for any services under this Agreement, Consultant shall provide City with the identity of the proposed subconsultant, a October 7, 2024 Council Packet Page 30
copy of the proposed written contract between Consultant and such subconsultant which shall include and indemnity provision similar to the one provided herein and identifying City as an indemnified party, or an incorporation of the indemnity provision provided herein, and proof that such proposed subconsultant carries insurance at least equal to that required by this Agreement or obtain a written waiver from the City for such insurance.

Notwithstanding Consultant’s use of any subconsultant, Consultant shall be responsible to the City for the performance of its subconstultant as it would be if Consultant had performed the Services itself. Nothing in this Agreement shall be deemed or construed to create a contractual relationship between the City and any subconsultant employed by Consultant. Consultant shall be solely responsible for payments to any subconsultants.

Consultant will have no liability for any design defects in design documents prepared by anyone other than Master Architect, regardless of whether Consultant reviews or comments on such design documents. The architect of record, engineer(s) of record, and other authors of the design documents will be responsible for the accuracy, completeness, coordination, suitability, and compliance with laws of the design documents. Consultant is not constructing the Project and is not responsible for construction defects, regardless of whether Consultant engages any testing and inspection services or has personnel on-site during construction; the DBE and its subcontractors are responsible for construction defects.

Unless City, in a separate writing, provides that Consultant has authority to bind City in City's dealings with third parties, including the DBE, Consultant does not have such authority; rather, Consultant will provide advice ("Advice") to City on such matters, but City will make the ultimate decision as to how to act or respond. Consequently, any Advice provided by Consultant to City regarding how City should act or respond (e.g., analyzing, reviewing, and advising on bids or change order requests) is merely Consultant's professional opinion and City is ultimately responsible to such third parties for City's actions and responses.

Consultant's responsibility with respect to Advice is to provide Advice in accordance with Consultant's standard of care, and if Consultant complies with these obligations, then City will indemnify, defend, and hold Consultant harmless from all third-party claims, losses, damages, costs, and expenses arising from the Advice and City actions.

16. GOVERNING LAW/VENUE/ATTORNEYS’ FEES
The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court in Fresno County, California.

If any action at law or suit in equity is brought to enforce or interpret the provisions of this Agreement, or arising out of or relating to the Services provided by Consultant under this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees and all related costs, including costs of expert witnesses and consultants, as well as costs on appeal, in addition to any other relief to which it may be entitled.

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17. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the Parties relating to the obligations of the Parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written and pertaining to the subject of this Agreement or with respect to the terms and conditions of this Agreement, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.

18. SEVERABILITY
If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, then such term or provision shall be amended to, and solely to, the extent necessary to cure such invalidity or unenforceability, and in its amended form shall be enforceable. In such event, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.

19. COUNTERPARTS
This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument.

20. CAPTIONS
The captions appearing at the commencement of the sections hereof, and in any paragraph thereof, are descriptive only and shall have no significance in the interpretation of this Agreement.

21. WAIVER
The waiver by City or Consultant of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or of any subsequent breach of the same or any other term, covenant or condition herein contained. No term, covenant or condition of this Agreement shall be deemed to have been waived by City or Consultant unless in writing.
22 REMEDIES
Each right, power and remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to every other right, power, or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise. The exercise, the commencement of the exercise, or the forbearance of the exercise by any party of any one or more of such rights, powers or October 7, 2024 Council Packet Page 32
remedies shall not preclude the simultaneous or later exercise by such party of any of all of such other rights, powers or remedies.

23. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Consultant represents and warrants that he/she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.

IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the Effective Date.
“CITY” “CONSULTANT”
City of Selma Griffin Structures, Inc., a California
corporation
CA License No. A and B-793600
By: ________________________________ By: __________________________ Fernando Santillan, City Manager Jon Hughes, President
By:__________________________
Dustin Alamo, Vice President
Attest:

By: ________________________________
Reyna Rivera, City Clerk
Approved as to form:

By: ________________________________
Megan Crouch, City Attorney
Attachments: Exhibit A Project Description
Exhibit B Scope of Services
Exhibit C Compensation
Exhibit D Insurance Requirements
October 7, 2024 Council Packet Page 33

EXHIBIT A

PROJECT DESCRIPTION
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REQUEST FOR PROPOSAL
CONSTRUCTION MANAGEMENT with MASTER ARCHITECTURAL

SERVICES
for the CITY OF SELMA - NEW FIRE STATION NO. 3 PROJECT
March 20, 2024
The City of Selma (City) is currently soliciting Requests for Proposals (RFP) from qualified firms to provide comprehensive Construction Management with Master Architectural (CM- MA) Services for a New Fire Station Building to be constructed through a Design-Build project delivery method.

The successful CM-MA Team (Consultant) will be awarded a consultant contract to provide the City with professional construction management and architectural and engineering design services from project inception to completion, as described in Appendix A, Scope of Services. The Consultant shall be responsible for developing the project specifications and bridging documents, for assisting the City with the pre-qualification and RFP process for selection of the Design-Build Entity (DBE). The successful Consultant will be required to provide design evaluation and support services to the City during the City’s separate solicitation for a Design-Build entity whose responsibility will be to provide the final design and to construct the new facility. Once a Design-Build contract has been awarded by the City, the Consultant shall provide design support and oversight to ensure Design-Build entity’s final design meets project specifications and bridging documents and construction management services to ensure the successful delivery of the project through occupancy.

The Consultant’s proposal shall include each item required by this Request for Proposal. Any and all exclusions or exceptions to this RFP must be clearly stated in the Consultant’s proposal. If exclusions or exceptions are not included in the initial proposal, proposer waives their right to bring any up at a later date. The City reserves the right to reject all exceptions and any proposals, and to waive any irregularity or informality in any proposal or in the Request for Proposal process, as long as, in the judgment of the City, such action will not negate fair competition and will permit proper comparative evaluation of all proposals received.

This Request for Proposal is posted on the City of Selma Website located within the following Link:
http://www.cityofselma.com/business/bid_opportunities.php Any changes, additions, or deletions to this Request for Proposal will be in the form of written addenda issued by the City. Any addenda will be posted on the City of Selma Website. Prospective proposers must check the City of Selma website for addenda or other relevant new information often during the response period. The City is not responsible for the failure of any prospective proposer to receive such addenda. All addenda so issued shall become a part of this Request for Proposal.

If your firm is qualified and interested in providing the Consultant services described in this RFP, please submit one of the following no later than 4:00 p.m. (PST) on April 17, 2024:

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• Two (2) separate Adobe Acrobat Portable Data Format (.pdf) files: one (1) technical proposal and one (1) fee proposal, to the Selma City Clerk at the email address listed below. • Hard copy submissions will include (1) technical proposal and (1) fee proposal, which can be mailed or hand delivered to the Selma City Hall, 1710 Tucker St., Selma, CA 93662.

All questions pertaining to the content of this RFP must be made in writing to the City Clerk at the email address listed below by 5:00 p.m. on April 10, 2024. Requests submitted after said date may not be considered. Questions will receive a response within approximately five (5) business days after receipt. The City reserves the right to determine the appropriateness of questions/comments that will be posted on the website.

If you have any questions about the proposal process, please contact:

City of Selma
Selma City Clerk – Reyna Rivera
[email protected]
(559) 891-2200
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TABLE OF CONTENTS

1. INTRODUCTION .................................................................................................. 6

1.1.PURPOSE........................................................................................................................................... 6

1.2.PROJECT LOCATION....................................................................................................................... 6

1.3.BACKGROUND ................................................................................................................................ 6

1.4.PROJECT DESCRIPTION ................................................................................................................. 6

2. SCHEDULE AND SUBMITTAL................................................................................ 7

2.1.RFP SCHEDULE................................................................................................................................ 7

2.2.QUESTIONS ...................................................................................................................................... 7

2.3.PROPOSAL SUBMITTAL.................................................................................................................. 7

3. GENERAL INSTRUCTIONS .................................................................................... 8

3.1.CITY RIGHTS & OPTIONS ............................................................................................................... 8

3.2.CHANGES TO THE RFP..................................................................................................................10

3.3.COMMUNICATIONS.......................................................................................................................10

3.4.INSURANCE.....................................................................................................................................10

3.5.EXCEPTIONS & DEVIATIONS........................................................................................................11

3.6.AWARD AND STANDARD AGREEMENT....................................................................................11

3.7.NONDISCRIMINATION..................................................................................................................11

4. PROPOSAL FORMAT............................................................................................13

4.1.Project Title ........................................................................................................................................13

4.2.Applicant or Firm Name .....................................................................................................................13

4.3.Introduction Statement of Overriding Qualifications ............................................................................13

4.4.Format and Firm Qualifications ..........................................................................................................13

4.5.Work Plan/Technical Services.............................................................................................................14

4.6.Required Attachments/Appendices .....................................................................................................15

4.7 Controls and Reporting .......................................................................................................................15

4.8 Fee Proposal.......................................................................................................................................15

5.1 EVALUATION PROCEDURES........................................................................................................16

5.2 EVALUATION CRITERIA AND SELECTION................................................................................16

5.3 CONTRACT AWARD AND EXECUTION......................................................................................16

5.4 PROTEST OF AWARD.....................................................................................................................18 APPENDIX A – SCOPE OF SERVICES.......................................................................... 19 I. GENERAL REQUIREMENTS...............................................................................................19

1.2 City General Responsibilities....................................................................................................20

1.3 Consultant General Tasks ........................................................................................................20 II. PROJECT PHASES .......................................................................................23

1. PHASE ONE: PROGRAM VERIFICATION & CONCEPTUAL DESIGN ................23 Task 1.1- Project Initiation.............................................................................................................23 Task 1.2- Site Evaluation ...............................................................................................................23 Task 1.3- Building Program Verification.........................................................................................24 Task 1.4- Research Regulatory Requirements .................................................................................24 Task 1.5- Conceptual Design..........................................................................................................24 PHASE ONE DELIVERABLES: ..................................................................................................24

2. PHASE TWO – BRIDGING DOCUMENTS DEVELOPMENT...............................25 Task 2.1- Schematic Design ...........................................................................................................25 October 7, 2024 Council Packet Page 37
Task 2.2 Performance Criteria .........................................................................................................26 Task 2.3 Outline Specifications........................................................................................................26 Task 2.4- Budget & Schedule Updates .............................................................................................27 Task 2.5- Final Bridging Documents................................................................................................27 PHASE TWO DELIVERABLES:...................................................................................................27

3. PHASE THREE – DESIGN-BUILD ENTITY (DBE) PREQUALIFICATION & SELECTION.................................................................................................28 Task 3.1- DBE Prequalification / Request for Statement of Qualifications (Step One) .......................28 Task 3.2- Request for Proposals and DBE Selection (Step Two)........................................................28 PHASE THREE DELIVERABLES:...............................................................................................29

4. PHASE FOUR – DESIGN-BUILD ENTITY (DBE) FINAL DESIGN & CONSTRUCTION DOCUMENTS ..............................................................................................29 Task 4.1 –Meeting Participation ......................................................................................................29 Task 4.2 –DBE Design Submittal Reviews.......................................................................................30 PHASE FOUR DELIVERABLES:.................................................................................................30

5. PHASE FIVE –CONSTRUCTION PHASE SUPPORT.............................................30 Construction Manager Construction Phase Responsibilities..............................................................30 Task 5.1 – Construction Observation & Project Site Management.....................................................30 Task 5.2 – Construction Progress and Site Meetings.........................................................................31 Task 5.3 – Construction Schedule and Budget Management.............................................................31 Task 5.4 – Project File Management................................................................................................32 Task 5.5 - DBE Submittal Reviews..................................................................................................32 Master Architect Construction Phase Responsibilities: .....................................................................33

6. PHASE SIX –PROJECT CLOSE-OUT .................................................................33 APPENDIX B – SAMPLE CONTRACT........................................................................... 34 APPENDIX C – PROJECT LOCATION MAP .................................................................. 35 APPENDIX D – RISK ASSESSMENT QUESTIONNAIRE................................................... 36 APPENDIX E – LOCAL VENDOR PREFERENCE FORM.................................................. 38 APPENDIX F – REQUIRED SUBMISSIONS PROPOSER CHECKLIST................................. 39 Technical Proposal .........................................................................................................................39 Fee Proposal...................................................................................................................................39 Risk Assessment Questionnaire .......................................................................................................39 APPENDIX G – NEW FIRE STATION RRM OCTOBER 2017 SPACE NEEDS STUDY.........Error! Bookmark not defined.

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1. INTRODUCTION

1.1. PURPOSE
The City of Selma, representing the City Council of the City of Selma, is seeking qualified providers of Construction Management Services with Master Architect and Engineering services, herein referred to as “Consultant” services, for the New Selma Fire Station Design-Build project.

This Request for Proposals establishes the requirements, terms and conditions governing the selection of Consultant services for this Design-Build project to the City of Selma. All submittals shall be in the form and format as specified within the PROPOSAL FORMAT section.

1.2. PROJECT LOCATION
The proposed project site is a 4.2 acre lot at the Northwest corner of Thompson and Huntsman. (Refer to Appendix C for proposed location).

1.3. BACKGROUND
The City of Selma currently has two Fire Stations: Station 1 is an approximately 7,000 square foot facility built in the 1950s; Station 2 is approximately 3,500 square feet and was built in 1957. The fire administration building is a modular structure located at a separate location. The Fire Department’s services and space requirements over the years have outpaced the size and amenities of their existing fire stations and administrative building. Although minor remodeling did mitigate some issues in the past, further expansion and retrofitting of the existing building is not feasible for the City’s current and future needs.

1.4. PROJECT DESCRIPTION
The City plans to construct an approximately 10,000 square foot, one-story, Fire Station, to include administrative offices and support spaces, secure staff parking and public/visitor parking. The new building will be designed based upon an updated space needs assessment, building program, and site analysis developed by the Consultant selected from this RFP. The new building will include three fire truck bays, office space, living quarters, training rooms, conference rooms, break rooms, locker and changing rooms, restrooms with showers, public lobby, secured parking for Fire Department employee’s vehicles and Department vehicles with clear definition between staff and public access areas and an emergency generator.

The intent is to build a user-friendly, accessible, safe and healthy environment for the City of Selma Fire Department staff and the public. Security will be an important part of this new building. The building’s design and construction shall meet California Title 24 Codes, State Storm Water Requirements, and City Building Standards. The City of Selma and City Fire will have jurisdiction and oversight for review, approval, permitting and final occupancy for the facility. The City parcel is located within the City of Selma’s city limits. The consultant will be required to make presentations to stakeholders including community members during the design process.

The building’s design shall incorporate the latest required green building codes, State Storm Water Requirements, and energy and water saving features. The consultant’s project bridging documents and specifications shall require of the Design-Build entity that the new building comply with City Standards.

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2. SCHEDULE AND SUBMITTAL

2.1. RFP SCHEDULE
The following RFP Schedule of Events represents the City's best estimate of the schedule that shall be followed. Any change in the scheduled dates for the Deadline for Final Questions, Proposal Submission Deadline, or Interviews will be advertised in the form of an addendum to this RFP. The schedule for other milestones dates may be adjusted without notice.

RFP Schedule DATE
RFP Issued 3/20/2024
Deadline for Final Questions 4/10/2024
RFP Submission Due Date 4/17/2024
Evaluation of Proposals Complete 4/19/2024
Interviews of highest ranked firms* 4/24/2024
Contract Negotiations 4/25 – 5/08/2024
Award by Selma City Council 5/20/2024
Notice to Proceed June 1, 2024
*Interviews may or may not be needed, subject to the City’s discretion

2.2. QUESTIONS
All questions pertaining to the content of this RFP must be made in writing to the Selma City Clerk by 5:00 p.m. on April 10, 2024. Requests submitted after said date will not be considered. Questions will receive a response within approximately five (5) business days after receipt.

2.3. PROPOSAL SUBMITTAL
If your firm is interested in submitting a proposal and meets the necessary qualifications, please submit one of the following no later than 4:00 p.m. (PST) on April 17, 2024:
• Two (2) separate Adobe Acrobat Portable Data Format (.pdf) files: one (1) technical proposal and one (1) fee proposal, to the Selma City Clerk.
• Hard copy submissions will include (1) technical proposal and (1) fee proposal, which can be mailed or hand delivered to the Selma City Hall, 1710 Tucker St., Selma, CA 93662. .
*The fee proposal must be submitted as a separate document, labeled as such and not included within the electronic version of the technical proposal.

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3. GENERAL INSTRUCTIONS

3.1. CITY RIGHTS & OPTIONS

1. All proposals and fee proposals must be submitted to the Selma City Clerk no later than 4:00 p.m. on April 17, 2024. Late proposals will not be considered.

2. All costs incurred in the preparation and submission of proposals and related documentation will be borne by the proposer. Submitted proposals shall remain firm for one hundred and twenty, (120) days following closing date for receipt of proposals.

3. Selection of qualified proposers will be by an impartial Selection Committee using an approved City procedure for awarding professional contracts. Selection will be made on the basis of the proposals as submitted, although the City reserves the right to interview applicants as part of the selection process. The consultant’s rate/cost proposal submittal will not be reviewed or considered by the Selection Committee until after the consultants have been ranked based on qualifications. The proceedings of the Selection Committee are confidential, and members of the Selection Committee are not to be contacted by the proposers.

4. City reserves the right to negotiate Consultant fees with the selected firm(s) prior to the award of contract.

5. This RFP does not constitute an offer of employment or to contract for services. In addition, this RFP does not commit the City to negotiate a contract. The issuance of this RFP does not constitute an agreement by the City that any subsequent selection processes will occur or that any contract will be entered into by the City.

6. The City has the right to use any or all ideas or concepts presented in any proposal or interview without restriction and without conversation to all applicants, except as noted as “Proprietary Information” in paragraphs 12 and 13 that follow.

7. The City reserves the option to accept or reject any or all proposals, wholly or in part, received by reason of this request and to make more than one award or no award, as the best interests of the City may appear.

8. All documents submitted to the City in response to this RFP will become the exclusive property of the City, and may be returned to the proposer or kept by the City, in the City’s sole discretion.

9. The City reserves the right to award the contract to the firms who present the proposal which, in the judgment of the City, will best accomplish the desired results.

10. Any contract awarded pursuant to this RFP will incorporate the requirements and specifications contained in this RFP. All information presented in a proposer’s proposal will be considered binding upon selection of the successful proposer, unless otherwise modified and agreed to by the City during subsequent negotiations.

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11. The successful proposer is expected to execute a contract similar to the contract in Appendix B.

This sample contract references the anticipated terms and conditions governing the City and the successful proposer. The proposer must take exception in their RFP to any section of the attached contract they do not agree with. Failing to do so will be deemed as acceptance by the proposer to the terms spelled out in the sample contract. The City reserves the right, in its sole discretion, to add, delete, or modify, or negotiate additional terms and conditions to the attached contract.

BEFORE BEGINNING ANY WORK OR SUBMITTING A PROPOSAL IT IS ADVISED

THAT PROPOSERS READ THE CITY INSURANCE AND INDEMNIFICATION REQUIREMENTS IN THE ATTACHED SAMPLE CONTRACT. The selected proposer will be asked to provide evidence that City insurance requirements have been met. See Sample City Contract (Appendix B); the insurance and indemnification requirements are found in Exhibit A.

12. If you deem any part of your RFP as proprietary and not to be disclosed under the California Public Records Act as explained in item 13 below, please mark the electronic and/or hard copies as indicated under item 13 below.

13. Under the provisions of the California Public Records Act (the “Act”), Government Code section 6252 et seq., the City may be obligated to provide a copy of any and all records that the proposer provides City relating to this RFP (hereafter “Records from Proposer”), including those records which the proposer believes constitute confidential information. If the City determines (in its sole discretion) that (i) a person/entity has requested a copy of records that would include Records from Proposer , and (ii) the City does not have sufficient direct, first-hand knowledge to independently conclude that such Records from Proposer are exempt from disclosure under the Act, and (iii) the requester is not willing to accept the proposer’s claim that the Records from Proposer are exempt from disclosure under the Act, the City will provide the proposer written notice thereof (via mail and/or email). If the proposer does not, within seven court business days thereof, file the appropriate papers in Fresno County Superior Court (“Court”) seeking a court order preventing the City from disclosing any such Records from Proposer to the requester, and have its request heard by the Court within 30 days thereof, the proposer shall be deemed to have waived any claim that the Records from Proposer are exempt under the Act. (The City reserves the right to issue a written extension of time if it determines (in its sole discretion) that one is appropriate.) Under no circumstances shall the proposer be entitled to recover from City any of its court costs, attorney’s fees or other litigation expenses that are related in any way to whether any Records from Proposer are exempt under the Act. If any proposer believes that information contained in its response to this RFP should be protected from disclosure, the proposer MUST specifically identify the pages of the response that contains the information by properly marking the applicable pages and inserting the following notice in the front of its response:

NOTICE: The data on pages of this response identified by an asterisk (*) contain technical or financial information, which are trade secrets, or information for which disclosure would result in substantial injury to the proposer’s competitive position. Proposer requests that such data be used only for the evaluation of the response but understands that the disclosure will be limited to the extent the City considers proper under the law. If an agreement is entered into with the proposer, the City shall have the right to use or disclose the data as provided in the agreement, unless otherwise obligated by law.

The City will not honor any attempt by the proposer to designate its entire proposal as proprietary.

If there is any dispute, lawsuit, claim, or demand as to whether information within the response to the RFP is protected from disclosure under the Act, proposer shall indemnify, defend, and hold harmless, the City arising out of such dispute, lawsuit, claim, or demand.

The proposer warrants that no official or employee of the City has an interest, has been employed, or retained to solicit or aid in the procuring of the resulting contract, nor that any such person will October 7, 2024 Council Packet Page 42
be employed in the performance of such contract without immediate divulgence of such fact to the City.

Firms submitting proposals shall warrant that their offer is made without any previous understanding, agreement or connection with any person, firm or corporation submitting a separate proposal for the same project and is in all respects fair, without outside control, collusion, fraud, or otherwise illegal action. This condition shall not apply to proposals that are submitted by firms who have partnered with others to submit a cooperative proposal that clearly identifies a primary consultant and the associated subcons.

3.2. CHANGES TO THE RFP
This RFP is posted on the City’s website at:
http://www.cityofselma.com/business/bid_opportunities.php Any changes, additions, or deletions to this RFP will be in the form of written addenda issued by the City. Any addenda will be posted on the City’s website. Prospective proposers must check the website for addenda or any other relevant new information during the response period. The City is not responsible for the failure of any prospective proposer to receive such addenda. All addenda so issued will become a part of this RFP.

3.3. COMMUNICATIONS
All communications concerning this RFP will be directed to Reyna Rivera, City Clerk, at [email protected]. All other communications are not binding and shall in no way modify the content of this RFP or the obligations of the City. All questions pertaining to the content of this RFP must be made in writing through the Selma City Clerk’s office. Questions will receive a response within approximately five (5) business days.

3.4. INSURANCE
The selected Consultant will be required to provide insurance coverage in the amount of $2,000,000 General Liability Insurance and $2,000,000 of Professional Liability Insurance. This amount of insurance coverage shall be reflected in your estimated professional fee.

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INSURANCE REQUIRED AMOUNT
General Liability & Property Damage $ 2.0 Million per occurrence Professional Liability $ 2.0 Million per occurrence
$ 2.0 Million aggregate
Auto Liability /Property Damage/Bodily
Injury
$ 2.0 Million per occurrence
Workers Compensation & Disability Benefits $ 1.0 Million per occurrence The Consultant shall provide a certificate of liability insurance naming the City and its employees and officers as additionally named insured within five (5) days after the Notice of Award is issued. This shall be maintained in full force and effect for the duration of the contract and must be in an amount and format determined satisfactory to the City.

See Appendix B - Sample Contract, attached for the complete Insurance and Indemnification requirements.

3.5. EXCEPTIONS & DEVIATIONS
Any exceptions to or deviations from the requirements set forth in this RFP must be declared in the proposal submitted by the Proposer. Such exceptions or deviations must be segregated as a separate element of the proposal response under the heading “Exceptions and Deviations”. The City may waive any immaterial deviation or defect in a proposal.

3.6. AWARD AND STANDARD AGREEMENT
The City reserves the right to make awards within one hundred and twenty, (120) days after the date of the RFP closing. The successful proposer is expected to execute a contract similar to the contract in Appendix B. This sample contract is for reference to the anticipated terms and conditions governing the City and the successful proposer. The proposer must take exception in their proposal to any section of the attached contract they do not agree with. Failing to do so will be deemed as acceptance by the proposer to the terms spelled out in the sample contract. The City reserves the right, in its sole discretion, to add, delete, modify, or negotiate additional terms and conditions to the attached contract. BEFORE

BEGINNING ANY WORK OR SUBMITTING A PROPOSAL IT IS ADVISED THAT PROPOSERS

READ THE CITY INSURANCE AND INDEMNIFICATION REQUIREMENTS IN THE ATTACHED SAMPLE CONTRACT. The selected proposer will be asked to provide evidence that City insurance requirements have been met.

3.7. NONDISCRIMINATION
Consultant shall comply with all laws and regulations governing nondiscrimination in employment, including the Americans with Disabilities Act of 1990, the Fair Employment and Housing Act (California Government Code §§ 12900, et seq.), and the applicable regulations promulgated thereunder (2 California Code of Regulations §§ 7285, et seq.).

1. Nondiscrimination: The Consultant, with regard to the work performed by them during the Contract, shall not discriminate on the grounds of race, color, national origin, or other legally protected criteria in employment or the selection and retention of subcontractors/subconsultants, including procurement of materials and leases of equipment.

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The Consultant shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the Contract covers a program set forth in Appendix B of the Regulation.

2. Solicitation for Subcontracts, Including Procurement of Materials and Equipment: In all solicitation, either by competitive bidding or negotiation, made by the Consultant/Contractor for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor, subconsultant, or supplier shall be notified by the Consultant/Contractor of the Consultant’s/Contractor’s obligations under this Contract and the associated regulations.

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4. PROPOSAL FORMAT
Proposals which do not include all the elements as specified, or which deviate from the proposal format and content as specified, may be deemed non-responsive by the City and eliminated from further consideration.

Proposals must include and address all the following points in the format outlined in this section:

4.1. Project Title
Construction Management with Master Architectural Services for CITY OF SELMA – NEW SELMA FIRE STATION BUILDING, Project # 22-0531

4.2. Applicant or Firm Name
The official name of the firm, joint venture, partnership, company, that the proposer is doing business as.

4.3. Introduction Statement of Overriding Qualifications Provide a definitive statement of qualifications and strengths the firm believes will single out their firm as the best firm to accomplish this project.

4.4. Format and Firm Qualifications
To respond to the RFP, your firm must submit a proposal on or before the specified deadline. The proposal must be signed by a person authorized to bind the proposing firm to the representations, commitments, and statements contained in this RFP. The proposal must contain the following information and other documents:

A. Cover letter summarizing the key points of the proposal (two-page maximum) B. Description of Firm(s). Provide a general description of the firm(s) including the jurisdiction in which the firm is organized, and date of such organization. Also include areas of expertise and pertinent services offered.

C. Organizational Chart of project team including the primary firms, if more than one, along with a description of tasks and responsibility of each team and member. See item F below for an additional organizational chart of key personnel assigned to the project.

D. Understanding of Scope of Work. Offer a clear, concise statement of the firm's understanding of the nature and extent of the services requested; including its overall project approach and a specific outline to demonstrate how personnel will be organized to handle these services.

E. Qualifications and Experience. Provide a brief description of the firm’s qualifications and experience on projects that are of a similar nature and size to those described in the RFP, as well as projects/clients where the consultant has performed similar work as an extension of staff. Of particular interest will be the firm’s qualifications and experience with development October 7, 2024 Council Packet Page 46
of a project program, bridging documents, providing support to an Owner during Design-Build entity’s final project design, and its construction management experience.

The CM and MA shall each provide a list of no more than three reference projects demonstrating:

1. Design-Build experience, Probation and/or Public Safety facility experience with similar scope and complexity that have been completed within the last 10 years. Note: a total of no more than six projects demonstrating the team’s experience shall be included in the proposal.

2. Provide a summary of each reference project that includes the following information:
a. Project name, location and brief summary of project that includes total SF and year of construction
b. Initial construction award amount, and final construction cost c. Your firm's role in project
d. Role of the proposed construction manager and/or master architect, and other key team members for the project
e. Reference and contact information for the owner/client f. Initially authorized fee and final fee
g. If the staff assigned to the reference project is the same staff proposed to work on the project described in this RFP.
h. Dates of construction start and completion, or estimated construction start/completion date, as applicable.

F. Staffing. Include an organizational chart identifying: 1) the project manager for the work and 2) each key person who will be assigned to carry out the work, their respective roles in performance of the work, and a summary of the experience and qualifications of such manager and the other key personnel on similar projects to the project described in this RFP.

G. References. The CM and MA shall each provide a list of no more than three client references for the primary firms, including the names, addresses, telephone numbers and email addresses of these clients. Proposers may include (optional) references and qualifications of subconsultants. Design-Build projects and public agency references are preferred, and each reference should include a list of the specific projects and key individuals that participated in completion of these projects.

H. Authorized Representative. Supply the name, address, telephone number, and email address of the person authorized to represent the firm with respect to all notices, negotiations, discussions, and other communications relating to this RFP, the proposal, and to any negotiations relating to the contract if awarded.

4.5. Work Plan/Technical Services
The purpose of this section is to demonstrate that the proposer understands the project objectives and requirements, to illustrate the firms’ overall ability to meet those requirements, and to outline a clear and concise plan to accomplish the specified work as outlined in Appendix A - Scope of Services.

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4.6. Required Attachments/Appendices
Staff Resumes. The firm must include resumes for all key personnel included in the staffing section of the proposal. The resumes should highlight the specific projects and roles fulfilled by these individuals and any other specialty licenses, certificates, or other professional training that is relevant to this RFP.

Submit all other required attachments requested in Appendices as applicable: Risk Assessment Questionnaire, Local Vendor Preference Form, etc.

4.7 Controls and Reporting
Describe previously utilized systems for project controls. Provide the firm’s experience with examples of project document controls and reporting systems. Indicate which system your firm recommends providing an integrated cost/change/schedule control system.

Describe methods and procedures for developing and publishing project reports and records. Under separate cover, provide a copy of a representative sample project report.

4.8 Fee Proposal
A fee estimate for the entire scope of work anticipated shall be provided to the City by the proposer.

Compensation shall be based upon the lump sum amounts for each Phase listed under the Appendix AScope of Services section. Provide separate table of hourly rates for each firm’s key individuals, other position’s overhead rates. Fee Proposal shall include any and all other costs for office, vehicle, cell phones, per diem, etc. Travel cost reimbursement rates must conform to the City’s Travel Policy reimbursements; costs above these rates are not allowed.

For purposes of fee proposal development, estimated duration of the various project phases, which are subject to change, are as follows:
o Program Verification & Conceptual Design: June - July 2024 o Bridging Documents: August - September 2024
o DBE Prequalification & Selection: October 2024 – April 2025 o DBE Final Construction Documents: May – November 2025 o Construction: December 2025 - June 2026
o Closeout: July 2026
o Move-in: August 2026
o Commence Operations: September 2026
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5. PROPOSAL EVALUATION & CONTRACT AWARD

5.1 EVALUATION PROCEDURES
The Selection Committee will rate each proposal based on, but not limited to, the evaluation criteria listed below. The top-ranking firms may be invited to participate in oral interviews before the Selection Committee. For the interview, three to five of those key staff members specifically identified on the project team will be asked to appear. If interviews are held, evaluation shall be based upon the Interview Evaluation Criteria listed below.

5.2 EVALUATION CRITERIA AND SELECTION
The following table outlines the proposal evaluation criteria and explains how the possible points will be awarded during the proposal evaluation process.

PROPOSAL EVALUATION CRITERIA MAXIMUM
POINTS
Understanding of and Approach to the Project 25
Demonstrated expertise in performing similar work – Experience and qualifications of the proposed project team to manage and deliver DesignBuild projects including Probation projects of similar scope and size. 30 Qualifications and Experience of Key Staff 25
References 15
Follows Proposal Format and Guidelines 5
Total 100
After the evaluation and ranking of Consultant Proposals, the selection committee may invite three (3) maximum top-ranking firms to interview at the City’s discretion. The following table outlines the interview evaluation criteria and explains how the possible points will be awarded during the interview process.

INTERVIEW EVALUATION CRITERIA (IF

NEEDED)

MAXIMUM
POINTS
Understanding and approach to Design-Build and the Project 8 Understanding of critical issues including schedule 5
Familiarity with State D-B requirements and procedures 5 Strength and interaction of key personnel 5
Q&A – Response to Questions 7
Total 30
The final selection of the Consultant shall be based on the selection committee’s final ranking based on the combined scores of Consultant’s proposal and oral interview, and the subsequent contract negotiation process with the City.

5.3 CONTRACT AWARD AND EXECUTION
Final selection of a consultant is contingent on successful contract negotiations. The Director of Public Works or designated representative will administer and enforce all the provisions of the Contract once awarded. Contract is anticipated to be authorized and effective within 120 days after Proposals are due.

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The City reserves the right to enter into a contract without further discussion of the submitted proposal. Therefore, the proposal should be initially submitted on the most favorable terms the proposer can offer.

The City reserves the right to withdraw the RFP in whole or in part, at any time and for any reason.

Submission of a proposal confers no rights upon a proposer and does not obligate the City in any manner. The City reserves the right to award no contract and to solicit additional offers at a later date.

Each proposer, by submitting a proposal, agrees that if the City accepts its proposal, such proposer will furnish all items and services upon the terms and conditions in this RFP and subsequent contract.

Proposals that do not meet the mandatory requirements set forth in this RFP will be considered noncompliant. Proposers may be disqualified, and the proposal may be rejected by the City for any of, but not limited to, the following reasons:
• Failure to properly respond to the RFP.
• Evidence of collusion among the proposers submitting the proposals. • Failure to comply with the specification requirements of the RFP.

Terms, conditions, prices, methodology, or other features of the Contractor’s proposal may be subject to negotiation and subsequent revision. As part of the negotiations, the Contractor may be required to submit additional financial information and other data to allow for a detailed evaluation of the feasibility, reasonableness, and acceptability of the proposal.

The RFP document and the successful proposer’s proposal response, as amended by agreement between the City and the successful Contractor, including e-mail or written correspondence relative to the RFP, may become part of the contract documents. Additionally, the City may verify the successful proposer’s representations that appear in the proposal. Failure of the successful proposer to perform as represented may result in elimination of the successful proposer from competition or in contract cancellation or termination.

The requirements listed in this RFP are not negotiable and will remain unchanged unless the City determines that a change in such requirements is in the best interest of the City.

The City expressly reserves the right, in its sole judgment, to accept or reject any or all proposals, with or without cause, modify, alter, waive any technicalities or provisions, or to accept the proposal which, in its sole judgment, is determined to be the best evaluated offer resulting from negotiation and taking into consideration other evaluation factors set forth in the RFP. The successful proposer will be expected to enter into a contract with the City. If the successful proposer fails to sign a contract within fifteen (15) business days, unless the City grants an extension, following the delivery of the contract documents, the City may elect to negotiate a contract with the next-highest ranked proposer.

The City shall not be bound, or in any way obligated, until both parties have executed a contract.

The selected proposer may not incur any chargeable costs prior to final contract execution. The foregoing should not be interpreted to prohibit either party from proposing additional contract terms and conditions during the negotiation of the final Contract.

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The supplies and services are to be provided in compliance with all applicable state and federal standards, rules and regulations. The City reserves the right to request additional written and/or oral information from proposers at any time before contract award, in order to obtain clarification of their responses.

5.4 PROTEST OF AWARD
Any objection to the City’s final decision will be handled according to applicable state and local procurement laws.

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APPENDIX A – SCOPE OF SERVICES
The Consultant team (Consultant) selected from this RFP process shall provide comprehensive Construction Management (CM) and Master Architectural/Engineering (MA) design services to the City as a part of an overall Design-Build (D-B) delivery method for the New Selma Fire Station Building Design-Build project.

The Scope of Services outlines the requirements for the selected Consultant while acting as agent of the City of Selma. The CM-MA Consultant team (Consultant) is required to perform and/or manage services that are necessary to successfully fulfill the Scope of Services for the New Selma Fire Station Building Design-Build project (Project). The Consultant will be responsible for the services contained in the Scope of Services and will perform Work pertaining to the Project consistent with the Project Budget and Project Schedule and in conjunction with City personnel and other City consultants, including, but not limited to, the Design-Build entity selected for the Project. The Consultant and their subconsultants shall utilize internal quality control measures while performing the services contained in the Scope of Services.

I. GENERAL REQUIREMENTS

1.1 Consultant General Responsibilities
a. All services furnished by the Consultant from the award of Contract until termination of Contract shall meet the professional standards and quality which prevail among Construction Management and Architectural and Engineering consultants of superior knowledge and skill engaged in similar works on projects throughout California under the same or similar circumstances. All services performed by Consultant shall comply with all applicable federal, state, and local codes, rules and regulations which are in force at the time such services are rendered, including the California Public Contract Code. b. Consultant shall exercise their best professional efforts to ensure attendance of all appropriate personnel at all meetings and presentations, as necessary, including, but not limited to, all subconsultants, or employees or persons under the direction or control of the consultant. c. Consultant shall exercise its best efforts to coordinate the activities of the subconsultants and City, such that the City may provide timely decisions on matters affecting the progress of the work, and to coordinate City's input and decisions that affect the performance of the overall Project.
d. The Consultant shall be prohibited from any concurrent contractual involvement, employment, participation, association, or any other performance of services on behalf of any Design-Build Entity which submits a prequalification submittal and/or a proposal for the New Fire Station Building Design-Build project to the City of Selma. e. Other Consultant activities not listed, may be required and will be performed by the Consultant at no additional cost to the City, provided these activities fall within the scope of the Project as currently conceived, are related to the items listed in the Scope of Services, and are
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necessary to deliver standards/guidelines and/or the Scope of Services developed and approved for the Project.
f. The Consultant and subconsultants shall utilize internal quality control measures while performing the services contained in the Scope of Services. g. A qualified Consultant shall provide the services detailed here-in and identify in their proposal any further services they see necessary to ensure a timely and cost-effective delivery of the project.

1.2 City General Responsibilities
a. The City will provide the direction, goals, and decisions through the duration of the project and the Consultant services. The City will provide the coordination between various departments, groups, regulatory agencies and project stakeholders in administering any permits, reviews, and approvals. The City will assign key personnel of its own as the primary contact with the Consultant and to manage other stakeholder groups during the project development, design and construction process.
b. The City will provide the following consultants and services:
▪ Surveyor
▪ Geotechnical Engineering
▪ Environmental Consulting
▪ Construction Inspection
▪ SWPPP monitoring
▪ Commissioning
▪ IT Network Equipment Specification & Plan
▪ Move-in and start-up coordination and plan
c. The City will provide the following reports and studies:
• Site survey including site features, adjacent uses, boundaries, and topography for use by the Consultant in their site evaluation and site design concepts. • Geotechnical Engineering and Geologic Hazards reports • Hydrology, biological, archeology and other environmental reports including an environmental impact report (if required).
• IT Network Equipment specification and layout, identifying the number of “hot” communication/data ports, switches, routers and all required head-in equipment for a complete operational IT and security system.
• Fire flow tests and existing utility information for domestic water, fire, and sewer services.
• City standardized equipment and City building standards • Contract boiler plate and City Council reports.

1.3 Consultant General Tasks
The CM-MA team (Consultant) will be responsible for performing all the tasks described in this Scope of Services as the City of Selma will only contract with one firm, partnership, joint venture, October 7, 2024 Council Packet Page 53
company, etc.:
a. Consultant shall serve as the City’s advocate and shall assist the City by providing professional services and expertise to manage the D-B project in compliance with the governing codes and regulations applicable to each work effort. The selected firm shall provide a complete range of management and construction management services and shall coordinate all work of any subconsultant services that are contracted by the Consultant under the CONSULTANT Contract.
b. Consultant shall specify a manager who will coordinate and communicate with City personnel, including but not limited to Fire Department staff, Public Works representatives, inspection and testing services contracted separately by the City to perform work on the Project during the term of the Contract.
c. The Consultant shall provide and manage a web-based document management system for use by the City’s project team for all project-related information and document access and sharing, such as Microsoft Sharepoint or similar.
d. The City expects the Consultant to protect the City’s interests while keeping the Project on schedule and on budget. The Consultant is responsible for the initial Project budget development and for developing and updating Project schedule monthly. The Project schedule shall include milestones and critical tasks that identify pending workload and deadlines. The Consultant shall assist the City in updating the overall Project budget, managing changes to the Project scope, and shall help to mitigate negative impacts to the Project while always keeping it moving forward.
e. Consultant shall provide professionally licensed and registered architectural and engineering services to the extent deemed necessary for the Project including but not limited to: architects, civil, structural, mechanical, plumbing, electrical, and fire protection engineers, landscape architects, and licensed as such by the State of California. f. Consultant shall coordinate the design efforts of their subconsultants and cooperate with other professionals employed by the City for the design, coordination or management of work related to the Project.
g. Consultant shall, with their subconsultants and in consultation with the City, collaborate with the City’s Environmental Coordinator or designated consultant during the conceptual design and during development of bridging documents.
h. Consultant shall coordinate delivery of services with the overall Project Schedule. Project schedule shall outline dates and time periods for the delivery of their services.

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i. Consultant shall review City-provided site surveys; existing record documents; seismic data; mechanical, geotechnical, and other test reports; environmental documents, and any other documentation furnished by the City. From an examination of the site and a review of available information, the Consultant shall determine whether such data are sufficient for development of bridging documents or whether additional data are needed and, if so, recommend the manner in which it be provided and needed services obtained. The CONSULTANT may rely on the information provided by City but only to the extent such reliance is consistent with the CONSULTANT obligations under their Scope of Services. j. Consultant shall attend scheduled meetings with the City and other City consultants as required, to coordinate the delivery of Consultant services per their contract and in conformance with the Project schedule through all Phases of the Project. k. Consultant shall provide Project design services in accordance with the latest issue of applicable codes, laws, regulations and professional standards. l. Consultant shall prepare specifications and incorporate Project design services in accordance with best building practices for long term maintenance and operational considerations, based on City input. Project components shall be evaluated based on initial cost and expected life of the system to provide the best value to the City. The CONSULTANT shall incorporate City Building Standards and coordinate the specific equipment and fixtures with the City Public Works Facilities Maintenance Division as it relates to the Consultant’s scope of work. m. Consultant shall meet with City Fire Department, City Public Works staff, Selma Fire Marshal, City Information Technology Department (or IT consultant), and technical staff to coordinate the requirements for the City telecommunications systems and City Furniture, Fixtures and Equipment (FF&E) requirements to be incorporated in bridging documents. n. Consultant shall provide a 3D Building Information Modeling (BIM) massing model of the final conceptual design to better understand the spacial relationships, adjacencies, functions, access, as well as exterior views and massing. The BIM information shall be compatible with current Autodesk AutoCAD and Revit software.
o. Consultant shall assist the City during the Design-Build Entity selection process. Assistance shall include, but not be limited to, performing review of the Request for Statement of Qualification, Review of the Request for Proposal and the proposals themselves, design review, cost review, technical advice, and other services during Design-Build entity’s design and construction of the new building as outlined in the description of the Project Phasesbelow.

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II. PROJECT PHASES
The following is a list of Phases and associated Tasks that are intended to be the responsibility of the selected Consultant, although specific scopes of services for the Project may vary based on actual Project needs and schedule. In general, this sequence sets forth the process of project development. During each phase listed below, coordination and consultation with multiple City agencies and authorities having jurisdiction will be required. It is expected that multiple agency approvals will be required before continuing to the next phases.

1. PHASE ONE: PROGRAM VERIFICATION & CONCEPTUAL DESIGN
Phase One will establish the lines of communication, roles and responsibilities, Project goals, initial schedule, and initial budget. The Consultant will begin the process of information gathering from stakeholders, site analysis, environmental and code requirements, and reviewing available information.

Task 1.1- Project Initiation
a. Prepare a detailed Work Plan and Project Schedule identifying project phases and key milestones. The Work Plan will identify all Tasks that are part of the work of the Project, specific task responsibilities and description of Deliverables. The Schedule shall identify all major tasks, estimated task durations, key milestones, critical path items and allow time for client review and cost estimating.
b. Review the developed Work Plan and Schedule with the City and make modifications as required in response to comments received.
c. Participate in a general Project Kick-off meeting to include the Consultant's appropriate subconsultants, and the project’s Steering Committee made up of City staff and key project stakeholders. The project kick-off meeting will:
i. Introduce key team members from the City and the Consultant to each other and define roles and responsibilities relative to the Project. ii. Identify and review pertinent information and/or documentation needed by the Consultant from the City for the completion of the Project. iii. Review and explain the overall project goals, general approach, tasks, work plan and procedures and deliverable products of the Project. iv. Review and explain the task analysis and project work plan for all parties present; determine any adjustments needed to the work plan.
d. Implement a Project Management Information Sharing (PMIS) system and upload documents.

Task 1.2- Site Evaluation
a. Review City-provided site information, including site surveys, geotechnical/soils reports, environmental reports, record drawings and any other documentation furnished by the City. Determine whether such data are sufficient for purposes of preparing bridging documents or whether additional data are needed and, if so, recommended manner in which it be provided and needed services obtained.
b. Visit the project site to verify existing site conditions. c. Perform Site Analysis of all relevant project information, including City-provided site data and reports, Title and Boundary information, City / City zoning and code requirements, environmental requirements, utility infrastructure and reports, feasibility and Master Plan reports and City Standards. The Site Analysis shall also indicate solar orientation, prevailing October 7, 2024 Council Packet Page 56
seasonal wind directions and the existing site drainage patterns.

Task 1.3- Building Program Verification
a. Review the City-provided Fire Station RRM October 2017 Space Needs Study information included therein.
b. Inspect existing Fire Station facility and interview Fire Department staff representatives.

Conduct Facility Program review meetings with City representatives- assume (2) client review meetings. Confirm Building Program and make revisions asrequired. c. Provide a facility space capacity and functional relationship analysis based on the Building Program; address adjacency requirements, circulation requirements, security, utilities and other key project features.
d. Prepare the Draft Building Program with programmatic requirements, including a tabulation of gross and net square footage requirements, and submit for City review. e. Respond to any comments received on the draft Building Program; submit Final Building Program and assist with presentation to the Steering Committee.

Task 1.4- Research Regulatory Requirements
a. Research all regulatory codes and standards applicable to the project. The facility shall meet T24 code requirements, City Environmental and Planning & Building ordinances and codes, and other restrictive requirements as applicable.

Task 1.5- Conceptual Design
a. Develop two (2) Conceptual Design Options based upon the final Building Program and Site Evaluation and assist with presentation to the Steering Committee for review and comment. Conceptual designs for the facility shall address site grading, public and staff parking, pedestrian walkways, landscaping, security, required street frontage improvements, and future development.
b. Incorporate City comments and develop the preferred Conceptual Design Option into a final Conceptual Design.
c. Provide a Project Budget Cost Estimate including all site work items with cost contingency and escalation to mid-point of construction. d. Submit Conceptual Design package to City.

Be advised that the environmental analysis of this site will be initiated by the City with the support of the Consultant at the conclusion of the Conceptual design. The City anticipates a mitigated negative declaration for this site and Project. Necessary site planning tasks and site construction of such mitigations will be addressed as the information becomes available.

PHASE ONE DELIVERABLES:
• Draft & Final Building Program
• Site Analysis
• Zoning and Code Analysis
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• Two (2) Conceptual Design Options and Final Conceptual Design • 3D BIM massing model of Conceptual Design
• Meeting minutes and record of concept reviews and comments • Construction estimate of the final selected conceptual design • CalGreen checklist
• Updated Project Master Schedule and Master Budget

2. PHASE TWO – BRIDGING DOCUMENTS DEVELOPMENT
Upon completion of Phase One and the City's written authorization, Consultant shall proceed with the development of the Bridging Documents for the Project, based upon the approved Conceptual Design Documents and any adjustments in the scope, quality or construction budget of the Project approved in writing by the City. The Bridging Documents Development phase shall include the tasks per below, as well as submittals to City Planning, City Environmental, and the Selma Fire Department for preliminary review.

Task 2.1- Schematic Design
The Consultant shall develop Bridging Documents to sufficiently describe the size, scope and performance requirements of the entire Project, including architectural, structural, mechanical, plumbing, electrical, fire protection, IT, civil, landscape and other specialized systems as required, including, but not limited to, the following:
a. Architecture: Provide floor plans (building program and adjacency requirements will be reflected in the floor plans); further define the character of the building’s exterior, scale and massing through an updated 3D BIM massing model; provide a tabulation of net and gross floor areas and a comparison to the original program requirements; provide an update of the Conceptual Design code analysis that identifies the design criteria (e.g., exit paths, travel distances, required exits, fire ratings, etc.); identify sustainable design opportunities and achievable points per CalGreen.
b. Structural: Identify building program, site and project constraints, geotechnical reports and design recommendations, determine codes and criteria and provide general consultation on viable structural systems and spans; provide structural input on building massing, structural materials, spans and depths of construction; identify opportunities for incorporating sustainable design strategies; provide a system descriptions narrative. c. Mechanical/Plumbing: Identify mechanical and plumbing scope related to the general programmatic requirements, Title 24, and CalGreen; verify and review site utilities as they relate to the program; develop space requirements for equipment, ducts, piping and other mechanical and plumbing design parameters; identify opportunities for energy efficient and other sustainable design strategies; provide systems description narratives for HVAC, plumbing.
d. Electrical: Identify available power and point of connection and location for emergency backup generator; investigate applicable codes; verify and review site utilities as they relate to the program; review project program and develop space requirements for electrical work and other electrical design parameters; establish approximate power load requirements and identify opportunities for energy efficient and other sustainable design strategies; provide a systems description narrative.
e. Network Communications (IT): Identify applicable codes; verify and review available site
utilities as they relate to the program; review project program and security requirements October 7, 2024 Council Packet Page 58
for door controls, security cameras, fire safety, alarms, and City IT data/communications standards and specifications; develop space requirements for network and telecommunications systems work and other network design parameters; provide a network systems description narrative.
f. Civil: Identify site survey including boundaries, geotechnical, topographic information and location of all below and above ground features and utilities including fire hydrants, service provider information, and information provided by the City or other agencies; establish a preliminary scope of site and off-site improvements including drainage and storm water requirements; coordinate with all local agencies as it relates to the program and their scope of work; provide a narrative description of civil work. g. Landscape: Identify planting, softscape and hardscape design needs including any irrigation needed. identify opportunities for incorporating sustainable design strategies into the site design concept, including storm water requirements, Low Impact Development (LID), and drought tolerant landscape features; prepare rendered plans, sketches and abbreviated narrative to illustrate the design intent as needed. h. Cost Estimator: Prepare a schematic design phase estimate of probable construction cost in CSI format.

Task 2.2 Performance Criteria
Provide Performance Criteria which fully describe the intended functional goals, space needs and required facility quality for this Project. The criteria documents shall be used to convey the project scope of work for the purpose of prequalifying, selecting and contracting with a DesignBuild Entity for the design and construction of this project. a. Performance Criteria shall fully describe the Project including all site analysis issues and site development items and each of the facility areas and spaces including room data sheets, space criteria, adjacency diagrams, square footages, ceiling heights, finish material types, acoustics, signage, HVAC/utility/plumbing, functional requirements, lighting, energy, communications and data systems and all site development items. The required format for this Performance Criteria shall be very similar to a schematic design narrative and shall include separate sections detailing the individual elements of the facility. b. The Consultant shall further develop project performance criteria for environmental, energy, green building, fixture, furniture and equipment and incorporation of Cityprovided standards. c. The Consultant shall include within the Performance Criteria a description of the Value Engineering/ Value Added process to be utilized by the selected DBE as a part of the DB scope of work for this project.

Task 2.3 Outline Specifications
Outline Specifications shall define the quality level of all elements to be used by the D-B Entity in the design and construction of the project, including:
a. Site work specifications inclusive of, but not limited to rough grading, engineered fill, driveways, fire lanes, on-site roads, parking, drainage, concrete, asphalt, permeable paving,
storm water retention, landscaping, irrigation, fencing, gates, exterior walks, and all necessary site utilities.

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b. Architectural specifications for the buildings shall include, but are not limited to, foundations, structure, exterior building envelope including finish requirements, insulation, doors and windows and skylights, roofing, etc. Specifications for the building shall also include all room casework, countertops, floors, base, walls, wainscots, ceilings, trim, painting and specialties inclusive of toilet accessories, showers, lockers, all necessary signage, emergency support equipment and fixtures.
c. Engineering system specifications shall include, but are not limited to: structural systems and materials, electrical power (normal and/or standby), photovoltaic generation, interior and exterior lighting, lighting controls, illuminated signs, audio-video systems, HVAC equipment with ducting and automated controls, plumbing fixtures, floor drains, sanitary waste, drains and vents, hose bibs, domestic water and fire suppression sprinklersystem. d. The Outline Specifications shall also include standards for telecommunications, data systems, security, fire alarms and monitoring, including coordination with the City Telecommunications (IT) Division (or the City’s IT consultant). e. The Outline Specifications shall include the City’s building and equipment standards, and the general definition of the energy efficiency and sustainability features and performance to be achieved by this facility.

Task 2.4- Budget & Schedule Updates
a. Provide a preliminary estimate for the D-B contract costs based upon the Bridging Documents. Provide recommendations on program or design modifications as needed to meet the City's budget for construction of the Project. b. Respond to City comments and provide final updated Project Schedule and Construction Budget through completion of construction.

Task 2.5- Final Bridging Documents
a. Submit Bridging Documents package to City for review and comment. b. Incorporate City comments and develop final Bridging Documents to be included in the DBE Request for Statements of Qualifications package.

PHASE TWO DELIVERABLES:
• Final Bridging Documents, including:
o Schematic Design set including Architectural site and floor plans, exterior elevations, building sections, 3D renderings, and engineering narratives o Outline specifications
o List of finishes, equipment, materials, and City standards. o Final building program including gross and net square footages, room data /space criteria sheets, adjacency diagrams
o Updated CalGreen or LEED Silver checklist with description of design elements incorporated to achieve the selected points
• Updated 3D BIM massing model
• Submittal to City Planning & Building for preliminary review; response to comments October 7, 2024 Council Packet Page 60
received.
• Submittal to Public Works Environmental for initial CEQA review and determination. • Updated Construction Cost Estimate
• Updated Project Schedule and Budget

3. PHASE THREE – DESIGN-BUILD ENTITY (DBE) PREQUALIFICATION &

SELECTION
The Consultant shall provide support and assistance to the City through the two-step process of selecting the DBE that will perform the final design and construction of the Project. Step One is the Prequalification of DBE’s through a Request for Statement of Qualifications solicitation, resulting in a short-list of top-ranked firms. Step Two is the issuance of the Request for Proposals to the short- listed DBE firms, review of their design proposals and the final selection of the DBE firm.

Task 3.1- DBE Prequalification / Request for Statement of Qualifications (Step One) a. The Consultant shall review and provide comment on the City's draft Request for Statement of Qualifications (RSOQ) for the Prequalification of DBE firms. b. The Consultant shall participate in an outreach meeting prior to the City releasing the RSOQ to the bidding community. The purpose of the meeting will be to stir up interest in the project to maximize receipt of submittals from interested DBEs. The Consultant will be responsible for preparing the agenda and presentation material for the meeting and will be a joint presenter with the City. The Outreach Meeting is expected to last approximately

1.5 hours.
c. The City shall administer release of the RSOQ through the City of Selma website. The Bridging Documents if available at time of RSOQ release will be made available electronically with the RSOQ.
d. The Consultant shall assist the City in responding to questions of intent and interpretation of the RSOQ during the RSOQ bidding process. All RFI’s during this process will be documented on the website by the City.
e. The Consultant shall participate in up to two (2) meetings with the City to provide assistance in the evaluation of the DBE firm prequalification submittals. The City’s Selection Committee will select the three most qualified DBE firms based upon the Selection Criteria identified in the RSOQ.

Task 3.2- Request for Proposals and DBE Selection (Step Two) a. Following the Selection Committee’s ranking of the three most qualified firms in step one of the DBE selection process, the Consultant shall assist the City during the Request for Proposals (RFP) process to help the City make the final selection of the DBE from the three most qualified firms. The RFP will contain specific instructions and requirements for developing Design-Build proposal packages including the submittal process for a design competition. The Consultant shall review and provide comment on the City’s draft Request for Proposal before it is released to the three most qualified firms. b. The City shall administer release of the RFP through the City of Selma website. The Consultant shall provide their Bridging Documents and other information in an electronic format to be attached to the RFP so that the pre-approved DBEs can utilize when preparing their proposal. Electronic format includes AutoCAD and/or BIM files.

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c. The Consultant shall participate in design review meetings with the DBE firms, to be conducted by the City during the proposal development phase. Separate meetings will be held individually with each of the DBE firms to discuss the development of their Design proposals and provide guidance. The Consultant's key subconsultants shall attend each of these meetings. It is estimated that two (2) two-hour meetings will be held with each of the three (3) DBE firms.
d. The Consultant will assist the City in responding to questions of intent and interpretation of the Bridging Documents during the RFP bidding process. All questions (RFIs) during this process will be documented on the website by the City. e. The Consultant shall not be a member of the RFP Selection Committee but shall act as technical advisor to the Selection Committee and assist members with the evaluation of the design proposal packages submitted by the DBE firms, using the evaluation and selection criteria published in the RFP. This will require independent review of each package, followed by one (1) separate half-day meeting with the City where the Selection Committees scores will be consolidated and a final selection of a DBE firm for award of the Project will be made.
f. The Consultant shall assist the City in evaluating costs provided in the selected DBE’s proposal, and if warranted, provide input to the City for use in negotiating final terms of the City’s contract with the DBE.

PHASE THREE DELIVERABLES:
• Review and comment on City-provided RSOQ and RFP documents • Response to RFI’s and questions of intent and interpretation during the RSOQ and RFP solicitations.
• Evaluation of DBE proposals submitted in response to the RSOQ and the RFP solicitations. • Attendance at (2) meetings during the RSOQ process for evaluation of DBE firm proposals. • Attendance at two (2) two-hour design review meetings with each of the three (3) pre- qualified DBE firms during the RFP proposal development phase • Attendance at half-day meetings to review each proposal package and presentation in specific detail with the Selection Committee.
• Documentation of meetings, discussions, reviews, and information generated during this phase.

4. PHASE FOUR – DESIGN-BUILD ENTITY (DBE) FINAL DESIGN & CONSTRUCTION

DOCUMENTS
The Consultant shall provide design oversight and technical advice support to the City after a Design-Build contract has been awarded to the selected DBE and during the final design development and construction documents phase of the Project by the selected DBE.

Task 4.1 –Meeting Participation
a. Participate in the DBE Kick-Off /Pre-Design Meeting with the City and the selected DBE.

The meetings will provide formal direction to the DBE to proceed with the design development documents and to discuss possible revisions, enhancements or other design issues to be October 7, 2024 Council Packet Page 62
incorporated into the Project. The Consultant’s subconsultants shall also attend this meeting.

Task 4.2 –DBE Design Submittal Reviews
a. The Consultant shall provide review and evaluation of all design progress and construction document drawings and specification submittals provided by the DBE and for each Project cost estimate and schedule update submitted by the DBE. The Consultant shall furnish written evaluations to the City in response to each of the submittals. The Consultant shall make recommendations to the City concerning consistency and adherence to the Bridging Documents, performance criteria, outline specifications, facility acceptability, applicability, feasibility and constructability. The Consultant shall provide reviews at the following design milestone submittals:
• Design Development
• 50% construction documents
• 90% construction documents
• 100% construction documents
b. Assist the City in evaluating value engineering and/or added value proposals submitted by the DBE. The Consultant shall make recommendations to the City as appropriate for the implementation of the various options and/or methods. The Consultant shall coordinate with the DBE to allow them to use the flexibility and creativity inherent in the Design-Build process to the maximum benefit of the City.

PHASE FOUR DELIVERABLES:
▪ Attendance at Kick-Off/Pre-Design meeting and meetingminutes. ▪ Review and written evaluation of the following DBE submittals for adherence to project criteria:
o Design Development
o 50% Construction Documents
o 90% Construction Documents
o 100% Construction Documents
o Construction Budget & Schedule Updates

5. PHASE FIVE –CONSTRUCTION PHASE SUPPORT
The Consultant, acting as the City’s representative in dealing with the DBE, shall provide all services necessary for the management and administration of the construction contract during the construction phase through completion of the Project, including, without limitation, the following:

Construction Manager Construction Phase Responsibilities CM shall provide full-time on-site Construction Management (1 Full-time CM, plus half-time Project Engineer) during the Construction Phase of the Project. The CM’s task shall include, but not be limited to, the following:

Task 5.1 – Construction Observation & Project Site Management a. Maintaining a fully functioning site office. CM shall provide all necessary office equipment and supplies; the DBE will provide an office trailer, utilities, furnishings, internet connection and copier/printer.
b. On-site presence for daily observation and monitoring of construction work to ensure that the work is proceeding in accordance with the Construction Documents. Daily reports of October 7, 2024 Council Packet Page 63
the DBE’s activities shall be prepared in sufficient detail to document actual production rates and estimate construction costs.
c. Review and confirm the DBE’s established construction baselines and benchmarks, including construction staking to verify it conforms to the design requirements established by the City.
d. Document compliance with environmental permitting and mitigation measures in accordance with the requirements of the environmental documents and regulatory permits.

On-site staff shall participate in environmental and safety education trainings required for the project.
e. Verify implementation of the project Storm Water Pollution Prevention Plan (SWPPP) and advise City of any issues of non-compliance. The DBE will be required to complete and implement the details of the SWPPP applicable to the specifications for their portion of the work as the Qualified SWPPP Practitioner (QSP).
f. Assist in coordinating services of persons or entities under contract with the City regarding the Project including, but not limited to, City representatives, inspectors, utility companies, and site surveyors. Notify the City of scheduling requirements for services and to ensure site access and availability of resources or other Project personnel who may be required for the professional’s work.
g. Observe/review construction Inspector of Record services/reports and advise City of any concerns.

Task 5.2 – Construction Progress and Site Meetings
a. Coordinate, schedule, and chair weekly construction progress meetings with the DBE, and City Project Management Team.
b. Prepare and coordinate meetings for transfer of information regarding on-site project requirements with respect to City policies, staging areas, access to site, adjacent properties, and environmental and other sensitive site issues.
c. Document all meetings and verbal directives and provide copies to City Project Manager within five (5) working days.

Task 5.3 – Construction Schedule and Budget Management
a. On a weekly basis, monitor contractor’s schedule and advise the City, in writing, of schedule impacts and deviations from contractor’s critical path(s). b. Receive and review all written requests from DBE for additional time and/or money and make recommendations to City regarding same including any claims. c. Review requests for change orders generated from a City modification or a DBE claim including, but not limited to, justification, cost evaluations, alternative recommendations, distributing and tracking change orders, and evaluating any delay and rain days. The recommendation shall include the Construction Manager’s own independent cost estimate October 7, 2024 Council Packet Page 64
and change order justification. As appropriate, request the MA to review the proposed changes.
d. Document any conditions which a construction contractor alleges is an unforeseen condition by photograph, videotape, or written memorandum. Advise the City’s Project Manager of the alleged unforeseen conditions as soon as it is reported. Coordinate a timely exchange of information regarding the alleged condition, including supplemental instructions and proposal requests between the DBE and the City to avoid delays and resulting claims for additional times and costs. When requested by City, evaluate DBE’s assertion of unforeseen conditions and provide a recommendation regarding resolution of same.
e. On a monthly basis, conduct an earned value analysis to ensure the Project is within budget and on schedule. The earned value analysis report will be used to report project status to Steering Committee. Recommend actions to take if the Project is not in agreement with the budget or schedule.

Task 5.4 – Project File Management
a. Establish, utilize and maintain a web-based construction management platform for document management that is accessible to all project team members including the City, DBE, and other consultants as required. The database shall contain and provide access to all documents relevant to the construction phase including drawings, specifications, amendments, daily reports, requests for information, change orders, submittals, shop drawings, correspondence, permits, and other, and shall be accessible via an interface that provides links to all stored documents relative to a specific location or site within the Project area. Maintain a hard-copy log of the Project file database. b. Maintain a hard copy file of the construction drawings at the Construction Manager’s site office. Verify that the DBE is maintaining a set of plans and documents that is regularly updated with mark-ups of all field changes and as-built conditions for the purpose of preparing a final set of Record Drawings. Maintain a conformed copy of the construction contracts and specifications through the electronic filing system that is regularly updated with all approved modifications and changes.

Task 5.5 - DBE Submittal Reviews
a. Review with City representatives the DBE schedules for deferred submittals, work progress schedule, deferred plans, schedule of values, staking request schedule, project safety plan, hazardous materials handling plan, trench safety and shoring plan, and pedestrian and traffic control plan for safety controls. b. Document and facilitate City and other CM-MA reviews for deferred submittals, shop drawings for consistency with bridging documents and design intent. Document Requests for Information (RFI’s) when DBE firm is requesting information from MA, City, and regulatory agencies.
c. Receive and review DBE construction contractors’ payment requests, including, but not limited to: scheduling and tracking pay request, verifying percentage of construction completion, signing pay applications, tracking actual and estimated construction costs, October 7, 2024 Council Packet Page 65
assist the City in preparing and processing required construction invoice forms. d. Monitor skilled labor work force reports and verify electronic compliance with prevailing wage reporting requirements through the State of California Department of Industrial Relations (DIR) website.

Master Architect Construction Phase Responsibilities:
a. MA shall provide review and evaluation of the following documents generated by the DBE during the construction phase of the project for conformance with the Project design criteria and intent including:
• Submittals for construction materials, products, fixtures, furnishings and equipment to confirm compliance with specifications.
• Requests for Information
• Deferred submittals and shop drawings
• Design Architect’s Supplemental Instructions (ASI’s)
• Proposed Change Orders
• Construction Schedule updates
• Payment Requests
b. MA shall attend construction progress meetings; specific participation will be limited and shall be as directed by the City (assume an average of (1) site meeting per month). c. MA and subconsultants shall provide periodic construction observation to report on the construction’s consistency with the Project criteria and intent. d. MA and subconsultants shall participate in a final walk-through to generate and track Punchlist items.

6. PHASE SIX –PROJECT CLOSE-OUT
The purpose of this phase is to evaluate the performance of the Project. As the user moves in, attention to overlooked details and their correction is important. This phase also affords the opportunity to review processes and procedures, consultant and contractor performance. This helps evaluate product performance, and construction/installation details. Such tasks may include:
a. Coordinate, document and track Punchlist item completion b. Participate in management of warranty work.
c. Document final project costs/cost evaluation.
d. Review DBE close-out documentation and as-built/Record Drawings submitted by the DBE.
e. Provide final documents in hard copy and electronic format for City archives.

October 7, 2024 Council Packet Page 66
APPENDIX B – SAMPLE CONTRACT
(Attached as a separate document)
October 7, 2024 Council Packet Page 67
APPENDIX C – PROJECT LOCATION MAP
(Attached as a separate document)
October 7, 2024 Council Packet Page 68
October 7, 2024 Council Packet Page 69
APPENDIX D – RISK ASSESSMENT QUESTIONNAIRE
Required Submittal

1. List the full names of any partners, owners, officers or other persons occupying a position of authority or responsibility in your organization.

2. Have the individual(s) in item #1 been subject to bankruptcy, insolvency, or receivership proceedings in the last five (5) years?
Yes □ No □ If yes, please enclose details.

3. Has your business/company/organization filed for bankruptcy within the last five (5) years? Yes □ No □If so, please enclose details.

4. Has your business/company/organization/individual(s) in item #1 ever had a contract for the general type of services/product sought by the City terminated for non-compliance or inadequate performance? Yes □ No□ If yes, please enclose details.

5. Has your business/company/organization/individual(s) in item #1 ever defaulted on a contract for the general type of services/product being sought by the City? Yes □ No □ If yes, please enclose details.

6. Has there been, in the last five (5) years, or is there now pending or threatened, any litigation, arbitration, governmental proceeding or regulatory proceeding involving claims in excess of $100,000 with respect to the performance of any services or the provision of any product by your business/company/organization/individual(s) in item #1? Yes □ No □If yes, please enclose details.

7. Has your business/company/organization/individual(s) in item #1 ever defaulted in fulfilling all of its obligations relating to the payment of City taxes, fees, or other obligations? Yes □ No □ If no, please enclose details.

8. In the last five (5) years, has your business/company/organization/individual(s) in item #1, been or currently involved in any action, audit or investigation brought by any federal government agency or authority or by any state or local governmental agency? Yes □ No □ If yes, please enclose details.

9. In the last five (5) years, has your business/company/organization/individual(s) in item #1 been debarred or suspended for any reason by any federal, state, or local government or refrained from bidding on a project due to an agreement with such governmental agency? Yes □ No □ If yes, please attach a full explanation.

10. In the past five (5) years, has your business/company/organization/individual(s) in item #1 had its October 7, 2024 Council Packet Page 70
surety called upon to complete any contract, whether government or private sector? Yes □ No □ If yes, please enclose details.

11. In the past five (5) years, has your business/company/organization/individual(s) in item #1 had a revocation, suspension, or disbarment of any business or professional permit and/or license? Yes □No □ If yes, please enclose details.

12. Has your firm or any of its owners, officers or partners ever been convicted of a federal or state crime of fraud, theft, or any other act of dishonesty?
Yes □No □ If yes, identify on a separate signed page the person or persons convicted, the court (the County if a state court, the district or location of the federal court), the year and the criminal conduct.

Signature
A. THE UNDERSIGNED HEREBY CERTIFIES THAT THE RESPONSES PROVIDED ARE

CORRECT AND TRUTHFUL TO THE BEST OF MY KNOWLEDGE AND FOR THOSE

RESPONSES GIVEN WHICH ARE BASED ON INFORMATION AND BELIEF, THOSE

RESPONSES ARE TRUE AND CORRECT BASED ON MY PRESENT BELIEF AND INFORMATION.

B. Dated this day of of the year
Name of organization:

Signature:

Printed Name and title:

October 7, 2024 Council Packet Page 71
APPENDIX E – LOCAL VENDOR PREFERENCE FORM

LOCAL VENDOR PREFERENCE
The City has established a local vendor preference. When quality, service, and other relevant factors are equal, responses to Requests for Proposals will be evaluated with a preference for local vendors. Note the following exceptions:

1. Those contracts which State Law or, other law or regulation precludes this local preference.

2. Public works construction projects.

A "local" vendor preference will be approved as such when, 1) The vendor conducts business in a fully staffed office with a physical address within the City of Selma; 2) The vendor holds a valid business license issued by the City or a city within the City; and 3) The vendor has conducted business at the local address for not less than six (6) months prior to the due date of this Request for Proposal.

Proposals received in response to this Request for Proposal will be evaluated by the Selection Committee considering the local vendor preference described above when quality, service and other relevant factors are equal. The burden of proof will lie with proposers relative to verification of "local" vendor preference. Should any questions arise, please contact a buyer at (805) 781-5200.

YE
S
N
O
Do you claim local vendor preference?
Do you conduct business in an office with a physical location within the City of Selma?
Business Address:

Years at this Address:

Does your business hold a valid business license issued by the City or a City within the City?
Name of Local Agency which issued license:

Business Name:

Authorized Individual: Title:

Signature: Dated:

October 7, 2024 Council Packet Page 72
APPENDIX F – REQUIRED SUBMISSIONS

PROPOSER CHECKLIST
Please check to verify that all the necessary documents are included with your submittal.

Technical Proposal...........................................................................................□ (Uploaded as a PDF document, and five (5) hard copies delivered to Central Services. Do not include your fee proposal in your technical proposal.)
Fee Proposal ..................................................................................................□ (Uploaded as a separate PDF document)
Risk Assessment Questionnaire ...........................................................................□ Local Vendor Preference Form (if applicable) ..........................................................□ October 7, 2024 Council Packet Page 73

EXHIBIT B

SCOPE OF SERVICES
October 7, 2024 Council Packet Page 74

4.5. Wo r k P lan / T ec h nical S er v ices GRIFFIN STRUCTURES + LPA 32 +
Work Plan /
Technical Services
As Owner’s Representatives and Construction
Managers, Griffin approaches each project with
the perspective of an owner and the insight of a
developer. Based on our blend of comprehensive
experience in managing and developing projects,
we have the unique ability to offer each client a
complete ‘menu’ of professional services tailored
to the specific requirements of their individual
project.

Like an owner, we approach every project with
a viewpoint that it is our own money, schedule,
and facility to be planned, designed, constructed,
and utilized. With an in-depth understanding
of technical issues faced by a contractor, we
have extensive field experience that guides us
with decision making processes out on the field.

Together, with these two key components, Griffin
provides construction management services which
ensure a successful project delivery of the highest
quality.

With the above in mind, Griffin has developed an
approach to assist the City in delivering a project
which meets its budget and schedule expectations
while also adhering to the assumption in the
Project Understanding.

P H A S E 1 : P R O G R A M

V E R I F I C A T I O N &

CONCEPTUAL DESIGN
In Phase 1, we begin with the establishment of
crucial communication channels, clarification
of roles, and alignment of project objectives.

These protocols are critical and are particularly
key to a successful Program and Construction
Management. We will establish a clear line of
communication between the team members who
will be utilized during the process. Working closely
with City, Griffin will identify the proper channels
for all communication between the design staff
and, later, field (contractors and inspectors) to
establish seamless communication for the duration
of any project(s). This phase is pivotal in laying the
groundwork for the successful realization of the
project. The following depicts the tasks outlined as
part of Phase 1 services.

Task 1.1 - Project Initiation
We kickoff this task by crafting a detailed Work
Plan and Project Schedule, outlining the project's
trajectory, key milestones, and responsibilities.

A Project Kick-off meeting serves as our official
start, where key stakeholders will be integrated
to introduce themselves, define their roles, and
collectively set the project's tone and direction.

We plan to discuss the roadmap which will
undergo refinement through collaborative review
sessions with the City, ensuring alignment with
expectations.. With the implementation of our
robust document control system, which we
will define later on in the approach, we ensure
seamless document sharing and management
throughout the project's lifecycle.

BUENA PARK FIRE STATION NO.61
*CONFIDENTIAL*
NOTICE: The data on pages of this response identified by an asterisk (*) contain technical or financial information, which are trade secrets, or information for which disclosure would result in substantial injury to the proposer’s competitive position. Proposer requests that such data be used only for the evaluation of the response but understands that the disclosure will be limited to the extent the City considers proper under the law. If an agreement is entered into with the proposer, the City shall have the right to use or disclose the data as provided in the agreement, unless otherwise obligated by law.

October 7, 2024 Council Packet Page 75

4.5. Wo r k P lan / T ec h nical S er v ices GRIFFIN STRUCTURES + LPA 33 +
Task 1.2 - Site Evaluation
It’s critical to begin every project with due
diligence, where we immerse ourselves in the site’s
physical realities, verifying existing conditions and
assessing its potential. We will review all site data
provided by the City, ensuring its adequacy for
our forthcoming endeavors which is anticipated
to include civil/topographic surveys, ALTA report,
geotechnical reports, and anything more the City
can furnish. Through site visits and comprehensive
analysis, we gain invaluable insights into the site's
characteristics, from soil composition to drainage
patterns, laying the foundation for informed
decision-making.

Task 1.3 - Building Program Verification
Guided by the City's Fire Station Space Needs
Study, we delve into the intricacies of the project's
functional requirements. We engage in dialogue
with Fire Department representatives, conducting
facility inspections and program review meetings
bringing our Team’s robust experience in planning,
designing and building fire station projects
throughout the State. Through collaboration and
iteration, we will refine the Building Program,
ensuring it reflects the needs and aspirations of all
stakeholders involved.

Task 1.4 - Research Regulatory
Requirements
Our Team will concurrently begin reviewing
all regulatory codes and standards, where we
navigate with precision to ensure compliance
with all pertinent requirements. From Title 24
code stipulations to local ordinances, we will
review with accuracy and may even call for
a meeting with the City’s Building Official to
ensure interpretation of code based on some
of the opportunities Fire Stations allow for. We
also understand that the City will be leading the
environmental analysis work and our Team will
support by providing concept designs below in
aide of pursuing a mitigated negative declaration
(MND).

Task 1.5 - Conceptual Design
Drawing inspiration from site characteristics
and stakeholder input as well as agreed upon
programmatic parameters, we will craft two
distinct design options, each embodying a
unique vision for the project's future. Through
collaboration with the Steering Committee, we will
refine these concepts into a final iteration, ready
to be presented to the City accompanied by a
detailed schedule and budget developed for review
and comment.

Ultimately, our work in Phase 1 will result in the
following deliverables:
• Draft & final building program
• Site analysis
• Zoning and code analysis
• Two (2) conceptual design options and final
conceptual design
• 3D BIM massing model of conceptual design
• Meeting minutes and record of concept reviews
and comments
• Construction estimate of the final selected
conceptual design
• CalGreen checklist
• Updated project master schedule and master
budget
*CONFIDENTIAL*
NOTICE: The data on pages of this response identified by an asterisk (*) contain technical or financial information, which are trade secrets, or information for which disclosure would result in substantial injury to the proposer’s competitive position. Proposer requests that such data be used only for the evaluation of the response but understands that the disclosure will be limited to the extent the City considers proper under the law. If an agreement is entered into with the proposer, the City shall have the right to use or disclose the data as provided in the agreement, unless otherwise obligated by law.

October 7, 2024 Council Packet Page 76

4.5. Wo r k P lan / T ec h nical S er v ices GRIFFIN STRUCTURES + LPA 34 +
PHASE 2: BRIDGING

DOCUMENTS DEVELOPMENT
Upon the successful completion of Phase 1
and upon receiving formal authorization from
the City, our focus shifts seamlessly towards
the development of Bridging Documents for
the Project. These documents serve as a vital
conduit between the approved Conceptual Design
Documents and subsequent project phases,
ensuring clarity, cohesion, and alignment with the
project's overarching goals.

Task 2.1 - Schematic Design
From architectural intricacies to structural integrity, mechanical specifications to landscape aesthetics,
our Master Architect, LPA Design Studios, will
articulate the project's vision and requirements.

Through detailed floor plans, updated 3D BIM
massing models, and comprehensive code
analyses, we will work to achieve a synthesis of
functionality and design, layered with sustainable
principles and compliance with regulatory
standards.

Task 2.2 - Performance Criteria
As stewards of project excellence, we craft
Performance Criteria which serve as the guide
for the project's functional objectives and quality
standards. These documents will outline every
aspect of the Project, from spatial requirements
to environmental considerations, setting the
stage for the selection and engagement of a
Design-Build Entity. Our focus extends beyond
mere functionality, encompassing elements of
energy efficiency, green building standards, and
value engineering processes, thereby ensuring
a holistic and future-ready approach to project
development.

Task 2.3 - Outline Specifications
With a keen eye for detail, we define the quality
benchmarks that outline the project's design
and construction. From site work specifications
to architectural nuances, engineering systems
to telecommunications standards, each element
is articulated to uphold the City's vision and
standards of excellence. Our commitment to
sustainability and efficiency permeates through
the specifications, and demonstrated through our
portfolio of work through the State, aligning with
the City's aspirations for a forward-thinking and
environmentally conscious facility.

Task 2.4 - Budget & Schedule Updates
Navigating the intricacies of project budgeting,
we provide preliminary estimates for Design-Build
contract costs, which will aim to align with the
City's financial objectives. Our recommendations
for program or design modifications will be
rooted in pragmatism and fiscal responsibility,
ensuring that the project remains on track towards
successful realization. This will include responding
promptly to City feedback, providing updated
schedules and construction budgets that chart a
clear path towards project completion.

ORANGE CITY FIRE DEPT HEADQUARTERS
*CONFIDENTIAL*
NOTICE: The data on pages of this response identified by an asterisk (*) contain technical or financial information, which are trade secrets, or information for which disclosure would result in substantial injury to the proposer’s competitive position. Proposer requests that such data be used only for the evaluation of the response but understands that the disclosure will be limited to the extent the City considers proper under the law. If an agreement is entered into with the proposer, the City shall have the right to use or disclose the data as provided in the agreement, unless otherwise obligated by law.

October 7, 2024 Council Packet Page 77

4.5. Wo r k P lan / T ec h nical S er v ices GRIFFIN STRUCTURES + LPA 35 +
Task 2.5 - Final Bridging Documents
With the culmination of our collective efforts,
we will present the City with the final Bridging
Documents package. Incorporating City feedback
and insights, these documents serve as the
cornerstone of the Design-Build Entity's Request
for Statements of Qualifications package, paving
the way for the project's seamless transition into
the next phase.

To summarize, Phase 2 work will include the
following deliverables:
• Final Bridging Documents, including:
» Schematic Design set including Architectural
site and floor plans, exterior elevations,
building sections, 3D renderings, and
engineering narratives
» Outline specifications
» List of finishes, equipment, materials, and
City standards.
» Final building program including gross and
net square footages, room data /space
criteria sheets, adjacency diagrams
» Updated CalGreen or LEED Silver checklist
with description of design elements
incorporated to achieve the selected points
• Updated 3D BIM massing model
• Submittal to City Planning & Building for
preliminary review; response to comments
received.
• Submittal to Public Works Environmental for
initial CEQA review and determination.
• Updated Construction Cost Estimate
• Updated Project Schedule and Budget
P H A S E 3 : D E S I G N - B U I L D E N T I T Y
( D B E ) P R E Q U A L I F I C A T I O N &

SELECTION
As we progress into Phase 3, our focus shifts
towards supporting the City in the process of
selecting a Design-Build Entity (DBE) to execute
the final design and construction of the Project.

This two-step process encompasses rigorous
evaluation and consultation, ensuring the
engagement of the most qualified firm.

Task 3.1 – DBE Prequalification / Request
for Statement of Qualifications
In tandem with the development of the bridging
documents, we highly recommend that the City
undertakes a detailed prequalification process for
Design-Build Contractors (DBEs). The selection of a
proficient DBE is paramount to the success of the
project, contingent upon careful assessment and
execution. To this end, Griffin Structures advocates
for utilizing the Department of Industrial Relations
questionnaire template as a framework for this
endeavor. Collaborating closely with City staff
and the Design Team, we will establish specific
criteria encompassing overall revenue thresholds,
bonding capacity, safety ratings (EMR), minimum
experience requirements, and potentially,
prequalification of specialty subcontractors.

Moreover, we will proactively identify and
extend invitations to reputable Contractors
with proven expertise in constructing similar
facilities, leveraging recommendations from local
municipalities.
*CONFIDENTIAL*
NOTICE: The data on pages of this response identified by an asterisk (*) contain technical or financial information, which are trade secrets, or information for which disclosure would result in substantial injury to the proposer’s competitive position. Proposer requests that such data be used only for the evaluation of the response but understands that the disclosure will be limited to the extent the City considers proper under the law. If an agreement is entered into with the proposer, the City shall have the right to use or disclose the data as provided in the agreement, unless otherwise obligated by law.

October 7, 2024 Council Packet Page 78

4.5. Wo r k P lan / T ec h nical S er v ices GRIFFIN STRUCTURES + LPA 36 +
Task 3.2 - Request for Proposal & DBE
Selection
Upon the completion of the bridging documents
and the selection of a prequalified list of DesignBuild Contractors, Griffin will assume responsibility for overseeing and executing the bid process in
strict adherence to City procurement policies.

Serving as the primary point of contact, we will
manage all bid Requests for Information (RFIs),
bid-related communications, and substitution
requests. Additionally, our team will supervise
the issuance of Addenda and promptly respond
to inquiries, ensuring transparency and clarity
throughout the bidding process. To maintain
schedule integrity, we will conduct regular weekly
meetings with the project team to address bidrelated RFIs and manage Addenda effectively. This rigorous approach guarantees that bidders are
equipped with accurate scope details, facilitating
the submission of responsive and responsible bids
from the prequalified pool.

Following bid submission, Griffin will meticulously
evaluate all responses and prepare a
comprehensive Bid Analysis for review with the
City. This analysis will encompass both qualitative
and quantitative assessments, enabling the
City to make informed decisions regarding the
best value proposition. Upon confirmation of
the recommended award by City staff, we will
collaborate with the City to draft a detailed staff
report outlining the award recommendation for
presentation to the board.

Upon securing a Design-Build entity, Griffin will
facilitate an introductory meeting with the selected
DBE firm to evaluate the bridging documents,
clarify design expectations, and provide guidance
to expedite project commencement.

To summarize, Griffin will provide the following
deliverables in Phase 3:
• Review and comment on City-provided RSOQ
and RFP documents
• Response to Requests for Information (RFIs) and
questions during the RSOQ and RFP solicitations
• Evaluation of DBE proposals submitted in
response to the RSOQ and RFP solicitations
• Attendance at meetings during the RSOQ
process for evaluation of DBE firm proposals
• Attendance at design review meetings with
pre-qualified DBE firms during the RFP proposal
development phase
• Attendance at meetings for the detailed review
of proposal packages with the Selection
Committee
• Documentation of all meetings, discussions,
reviews, and generated information throughout
this phase
TUSTIN FIRE STATION NO.37
*CONFIDENTIAL*
NOTICE: The data on pages of this response identified by an asterisk (*) contain technical or financial information, which are trade secrets, or information for which disclosure would result in substantial injury to the proposer’s competitive position. Proposer requests that such data be used only for the evaluation of the response but understands that the disclosure will be limited to the extent the City considers proper under the law. If an agreement is entered into with the proposer, the City shall have the right to use or disclose the data as provided in the agreement, unless otherwise obligated by law.

October 7, 2024 Council Packet Page 79

4.5. Wo r k P lan / T ec h nical S er v ices GRIFFIN STRUCTURES + LPA 37 +
P H A S E 4 : D E S I G N - B U I L D

E N T I T Y ( D B E ) F I N A L D E S I G N &

CONSTRUCTION DOCUMENTS
Griffin will assume a pivotal role in providing
design oversight and technical support to the City
subsequent to the awarding of a Design-Build
contract to the chosen DBE, spanning the final
design development and construction documents
phase of the Project.

Task 4.1 – Meeting Participation
We will begin this phase with a DBE Kick-Off/PreDesign Meeting, convened in collaboration with the City and the selected DBE. This session as well as
following design sessions will serve as a forum for
issuing formal directives to the DBE, signaling the
commencement of design development activities.

Additionally, potential revisions, enhancements, or
design intricacies are deliberated upon, ensuring
alignment with project objectives. These meetings
will track the design's progress, address critical
issues and challenges to the design, and involve a
robust analysis to ensure the project maintains its
original intent.

Task 4.2 – DBE Design Submittal Reviews
Griffin will review and evaluate all design progress,
construction document drawings, and specification
submittals furnished by the DBE. At pivotal design
milestones, including Design Development and
successive stages of construction document
completion, Griffin will deliver a comprehensive
written evaluation to the City in the form of a
constructability review. These reviews scrutinize
adherence to Bridging Documents, performance
criteria, and outline specifications, ensuring
consistency and compliance.

One of the major advantages of selecting our
Team, is that we hire professionals who have
sat on all sides of the table. Our staff have
backgrounds in architecture, engineering, and
general contracting and are able to review design
packages thoroughly for their (a) attention to
detail, (b) completeness based on the phase
of work, and (c) constructability as it relates to
practicality, coordination and anticipation of issues
that will turn into change orders later.

As such, we have a three-step approach to
constructability review we assign to each design
phase as noted below.

Preparation and Research. Griffin begins each
constructability review with a high-level first
pass of the design package for each building and
related as-builts. It’s critical we understand the
entire work scope and how each piece relates to
the overall project, prior to our detailed review.

After this review period, we often visit the site to
mentally absorb the boundary conditions, existing
structures, utility conditions, topography, and other
key issues that need to be integrated into a design
package.

Review and Investigation. The next step in our
constructability review process includes an indepth review of the drawings. As mentioned earlier, Griffin utilizes its team of construction
management experts with extensive backgrounds
in construction, design / engineering, and
development. Our seasoned staff reviews each
drawing in detail and works through the Griffin
checklist to ensure a comprehensive evaluation has
been completed for each project.
*CONFIDENTIAL*
NOTICE: The data on pages of this response identified by an asterisk (*) contain technical or financial information, which are trade secrets, or information for which disclosure would result in substantial injury to the proposer’s competitive position. Proposer requests that such data be used only for the evaluation of the response but understands that the disclosure will be limited to the extent the City considers proper under the law. If an agreement is entered into with the proposer, the City shall have the right to use or disclose the data as provided in the agreement, unless otherwise obligated by law.

October 7, 2024 Council Packet Page 80

4.5. Wo r k P lan / T ec h nical S er v ices GRIFFIN STRUCTURES + LPA 38 +
The checklist reviews materials, integration with
other systems / trades, cost-benefit evaluations,
and detail about each design element. We
will also review project documents for missing
information, ambiguous details, conflicts, and
potential confusions. These are logged and
returned, with suggestions for corrections, to
the Design Team to integrate into the project
documents. We apply the following standards to
our review:
• Ensure the construction plans are clear and
understandable
• Verify the drawings match specifications
• Be vigilant in recognizing missing information
Once the review is completed, we find it important
to provide a final check of our own work to ensure
comments and intentions are clear and articulate.

The deliverable is provided to the City and the
Design Team for review, consideration, and
integration into the design package.

Implementation Review. Occasionally it may be
difficult to determine whether comments have
been incorporated into the design package.

However, applying our Bluebeam technology, we
can quickly compare and determine differences in
the design sets to ensure City approved comments
have been integrated into the package. The
ultimate goal is to protect the City from costly
oversights that could have been prevented in the
pre-construction phase.

Additionally, and outside of constructability
review services, Griffin has extensive experience in
utilizing nearly every type of construction method
on the market including wood-frame, steel-frame,
concrete tilt-up, concrete masonry units (CMU),
pre-engineered metal building (PEMB), to even
modular shipping containers. We will review the
options with the City based on cost, schedule,
maintenance, and lifecycle expectancy and make a
recommendation.

From a value engineering perspective, we will play
a pivotal role in evaluating proposals submitted
by the DBE, providing informed recommendations
to the City for consideration. This collaborative
approach maximizes the benefits inherent in
the Design-Build process, harnessing the DBE's
creativity and flexibility to optimize project
outcomes.

To summarize, Griffin will provide the following
deliverables in Phase 4:
• Attendance at Kick-Off/Pre-Design meeting and
provision of comprehensive meeting minutes.
• Review and meticulous written evaluation of
DBE submittals across key project milestones,
including Design Development and successive
stages of construction document completion.
• Evaluation and recommendation on value
engineering and added value proposals
submitted by the DBE, fostering collaborative
decision-making to optimize project outcomes.

VISALIA EMERGENCY COMMUNICATIONS CENTER
*CONFIDENTIAL*
NOTICE: The data on pages of this response identified by an asterisk (*) contain technical or financial information, which are trade secrets, or information for which disclosure would result in substantial injury to the proposer’s competitive position. Proposer requests that such data be used only for the evaluation of the response but understands that the disclosure will be limited to the extent the City considers proper under the law. If an agreement is entered into with the proposer, the City shall have the right to use or disclose the data as provided in the agreement, unless otherwise obligated by law.

October 7, 2024 Council Packet Page 81

4.5. Wo r k P lan / T ec h nical S er v ices GRIFFIN STRUCTURES + LPA 39 +
PHASE 5: CONSTRUCTION

PHASE SUPPORT
Phase 5 will transition into management and
administration of the DBE as it moves into the
construction phase until the successful completion
of the project. Throughout the construction phase,
we will provide on-site Construction Management
and will serve as the City's vigilant eyes and ears
on the ground, monitoring construction activities
to uphold compliance with the Construction
Documents and prescribed quality standards. The
below outlines the specifics of the anticipated
tasks.

Task 5.1 – Construction Observation &
Project Site Management
A paramount priority entails maintaining a
diligent on-site presence for daily observation
and monitoring of construction work. Griffin
Construction Managers are inherently construction
inspectors. By utilizing our keen understanding
of all aspects of construction, our Construction
Manager will perform regular inspections of
all aspects of the project daily. We will review
material deliveries, material types, installation
methods, finished installations in comparison
to contract documents, and construction code
adherence.

Additionally, we will coordinate the timely
execution of all specialty inspections, including
geotechnical, building dept., special inspections,
and materials testing, to ensure the City receives
the highest level of quality and consistency
with the plans and specifications as well as all
standards and practices.

Griffin employs multiple forms of photography
and technology to enforce the quality of the
construction process. Accordingly, we will perform
the following:
• Record Existing Conditions. Before a DB
Contractor begins construction, we will perform
detailed video surveillance of the entire site
and the surrounding site to ensure there is
no damage to the existing infrastructure and
mitigate against any potential future claims.
• Daily Photography. Griffin will photograph the
progress of the job daily. This will serve as a
record of the project throughout the job and a
vehicle for resolving issues.
• Bluebeam technology. Griffin employs the
use of Bluebeam technology to facilitate the
communication of challenges in the field for
their quick resolution and documentation.
• BIM technology. Griffin has extensive experience
in the deployment and management of Building
Integration Modeling and can adequately
identify and resolve issues that are discovered
through this medium.

We will employ our Field Observation Report
weekly. Typically updated and presented at the
weekly meeting, we will track all issues, and
observations, identified by the CM and the project
team (DBE, City, operations staff, etc.) and follow
them on this log. The log will identify the issue,
the date it was observed, a photograph of the
issue, and a resolution description once the item
has been closed. In effect, this log serves as a
running punch list of all issues identified and
addresses these issues promptly.
*CONFIDENTIAL*
NOTICE: The data on pages of this response identified by an asterisk (*) contain technical or financial information, which are trade secrets, or information for which disclosure would result in substantial injury to the proposer’s competitive position. Proposer requests that such data be used only for the evaluation of the response but understands that the disclosure will be limited to the extent the City considers proper under the law. If an agreement is entered into with the proposer, the City shall have the right to use or disclose the data as provided in the agreement, unless otherwise obligated by law.

October 7, 2024 Council Packet Page 82

4.5. Wo r k P lan / T ec h nical S er v ices GRIFFIN STRUCTURES + LPA 40 +
Task 5.2 – Construction Progress & Site
Meetings
To facilitate effective communication and
coordination, our Team will conduct weekly
construction progress meetings, bringing together
key stakeholders from the DBE and City Project
Management Team. Through documentation and
dissemination of meeting outcomes, we will foster
a collaborative environment conducive to swift
decision-making and timely resolution of issues.

Task 5.3 – Construction Schedule & Budget
Management
Vigilant oversight of the construction schedule
and budget remains integral to our approach,
with our Team conducting regular assessments
and analyses to identify deviations and potential
risks. By providing informed recommendations and
conducting monthly earned value analyses, we will
empower the City to make data-driven decisions
to ensure the Project remains on track and within
budgetary constraints. As part of these efforts,
we break down this work into the following four
components:

DBE Schedule Oversight
One key aspect of this effort will be to ensure
the project schedule is maintained. To do so,
Griffin will oversee the DBE entity's production
of the comprehensive construction schedule that
incorporates all the elements above that occur
during construction and demonstrate a clear and
logical critical path. Our extensive construction
experience will determine if the DBE has a good
understanding of the project that is both realistic
and achievable.

Griffin will then provide strict communication
protocols to ensure answers to questions, reviews
of submittals, submissions for deferred permits,
and requests for inspections are all process timely
and effectively.

Corrective measures may need to be implemented
should the DBE fall behind. As described above,
the City and project suffer when the DBE fails.

Therefore, Griffin will employ extensive field
experience and construction understanding to
provide solutions to schedule failures to maintain
the project's overall objectives and protect the
City's investment.

By these methods, Griffin will maintain the project
schedule and expedite productivity as needed.

DBE Financial Controls
Another critical aspect to the success of any
project, specifically Design-Build projects, is the
effective management of financial controls. Griffin
has extensive experience in financial controls and
is uniquely qualified in employing those controls,
specifically in the execution of Design-Build
projects.

Griffin is keenly aware of the importance
of maintaining financial controls over the
invoicing process. Accordingly, we will establish
a systematic approach to reviewing invoices
specifically by executing the following:
• Establishing a very detailed Schedule of Values
that breaks out both labor and materials for
each trade and spec section.
• Review all invoices for consistency with
improvements installed in the field.
• Investigate the DBE’s payment policies to
subcontractors to avoid issues of non-payment.
• Evaluate subcontractor performance
to anticipate potential bankruptcies of
subcontractors who are not adequately solvent
to perform on the job.
*CONFIDENTIAL*
NOTICE: The data on pages of this response identified by an asterisk (*) contain technical or financial information, which are trade secrets, or information for which disclosure would result in substantial injury to the proposer’s competitive position. Proposer requests that such data be used only for the evaluation of the response but understands that the disclosure will be limited to the extent the City considers proper under the law. If an agreement is entered into with the proposer, the City shall have the right to use or disclose the data as provided in the agreement, unless otherwise obligated by law.

October 7, 2024 Council Packet Page 83

4.5. Wo r k P lan / T ec h nical S er v ices GRIFFIN STRUCTURES + LPA 41 +
DBE Change Controls
Construction projects are inherently iterative
operations. With multiple efforts and coordination
of tasks and efforts underway concurrently,
managing the discovery and correct identification
of changes is particularly challenging. Accordingly,
we will review and address all possible changes in
work in the following manner:
• The first component to correctly addressing
possible changes in scope and cost is to
identify what is and is not a real change.

We will perform a comprehensive analysis of
the issue at hand and determine if a change
has occurred. Key to this is the detailed
understanding of the Bridging Documents and
an understanding of the initial program that
was provided to the DBE. We will provide
insight during the Bridging Documents' final
development and a firm interpretation of those
documents in their interpretation regarding our
analysis of the proposed change to preserve the
City's interests prudent budgetary constraints.

The key to this analysis is our enhanced
understanding of contracts and scope to
determine if the issue is already covered under
the existing scope.
• If a change is in fact necessary, we will then
seek to execute this change in a manner
that results in a no-cost solution to the City.

This may involve proposing materials and/or
methods that are comparable in scope to the
original intent, thus allowing for solutions that
do not compromise quality, schedule, or cost.
• If such an option is not possible, or if
unforeseen conditions materialize that result in
a real change to the project's cost, Griffin will
then perform a detailed analysis of the best
form of execution. This may take the form of a
hard estimate for the proposed change or if a
T&M execution is in the project's best interest.

Another option is to utilize a T&M/Not-toExceed method, which allows for the execution of a proposed change while putting a ceiling on
the final costs of the change.
• Finally, any change that is officially recognized
will undergo a detailed examination of costs,
including but not limited to: materials back
up, labor analysis, labor rate analysis, detailed
subcontractor back-up, time impacts, and a
unit cost comparison based on industry trends.

Together, with these tools, we will be able to
provide financial protection to the Client to
avoid production challenges, protect the City's
resources against overpayment, and ensure proper
accounting of the project's health.

VISALIA CIVIC CENTER PHASE 2
*CONFIDENTIAL*
NOTICE: The data on pages of this response identified by an asterisk (*) contain technical or financial information, which are trade secrets, or information for which disclosure would result in substantial injury to the proposer’s competitive position. Proposer requests that such data be used only for the evaluation of the response but understands that the disclosure will be limited to the extent the City considers proper under the law. If an agreement is entered into with the proposer, the City shall have the right to use or disclose the data as provided in the agreement, unless otherwise obligated by law.

October 7, 2024 Council Packet Page 84

4.5. Wo r k P lan / T ec h nical S er v ices GRIFFIN STRUCTURES + LPA 4 2 +
Claims Mitigation
Of particular importance to the health of a project
is claims management. The most effective way to
mitigate claims is to avoid them altogether. This
seems obvious but is, in fact, the most challenging
aspect of managing a successful project. To
prevent claims, there are a few fundamental
principles that we follow:
• Clarity = Enforceability: If the direction is clear,
the drawings and specifications consistent,
and the direction to the field in line with these
documents, then there is little to no chance of a
future claim.
• When everyone succeeds, the City succeeds:

This is a critical concept that many
professionals do not grasp or pursue. Claims
arising out of a need to mitigate against risk
or loss. Avoiding risk for all parties lowers the
likelihood of claims.
• Commitment to Value: Despite the efforts
above, sometimes things go wrong. A submittal
gets submitted and approved incorrectly. A
material specification is discontinued, and its
replacement is three times the cost. Drawings
do not identify the total scope of work. In
instances like these, a clear commitment to
value rules the process. In each of the instances
listed above, Griffin can navigate and resolve
these issues in a manner that provides value
to the City (i.e., little or no cost increase),
continued progress (timely decisions that do not
delay the schedule), and creative architectural
solutions (maintaining the overall quality of
the finished product). By having a balanced
understanding of all the aspects of value to the
project, Griffin can mitigate the conditions that
often result in claims.
• Clear Documentation and Legal Understanding:

Despite all the above, sometimes claims
do arise. The critical defense against these
occurrences is clear documentation and a
comprehensive understanding of the contract
and contract code. Griffin Structures employs
elite construction management professionals
with an extensive knowledge of contracts and
contract code and employs a sophisticated and
comprehensive document management system
that ensures claims can be mitigated when
unavoidable. A more detailed description of
our document management system is provided
below.

Task 5.4 – Project File Management
Efficient document management lies at the
heart of effective project administration, and
we maintain a robust web-based construction
management platform called Submittal Exchange.

This platform allows us to track all project
document controls, including the management
of correspondence, documents, submittal/
review approvals, RFIs, daily reports, punch lists,
drawings, Change Management process, and
countless other activities. This provides our team
with the ability to significantly improve workflow
with its additional project management features,
including scheduling, asset management, and
planning.

By utilizing Submittal Exchange, Griffin Structures
will establish a hub to save and manage all
project documents. Utilizing this system as a single
source of document control will provide clear
and consistent communication to the field. This
ensures comprehensive document coordination and
protection against claims while also accelerating
the construction schedule with streamlined
communications. This could ultimately save the
entire project significant costs by eliminating
printing and shipping and improving operational
efficiency.
*CONFIDENTIAL*
NOTICE: The data on pages of this response identified by an asterisk (*) contain technical or financial information, which are trade secrets, or information for which disclosure would result in substantial injury to the proposer’s competitive position. Proposer requests that such data be used only for the evaluation of the response but understands that the disclosure will be limited to the extent the City considers proper under the law. If an agreement is entered into with the proposer, the City shall have the right to use or disclose the data as provided in the agreement, unless otherwise obligated by law.

October 7, 2024 Council Packet Page 85

4.5. Wo r k P lan / T ec h nical S er v ices GRIFFIN STRUCTURES + LPA 43 +
Task 5.5 - DBE Submittal Reviews
Furthermore, we will review and assess all DBE
submittals, payment requests, and compliance
with prevailing wage reporting regulations. By
evaluating each submission and providing timely
feedback, we will maintain accountability and
adherence to contractual obligations, thereby
safeguarding the City's interests.

Task 5.6 - Master Architect Construction
Phase Responsibilities
In tandem with the Team’s efforts, LPA will
diligently review and evaluate DBE-generated
documents, ensuring alignment with project
design criteria and objectives. By participating in
construction progress meetings and conducting
periodic observations, LPA will provide valuable
insights and recommendations to uphold the
integrity and quality of the Project's execution.

Through commitment and diligent oversight,
we endeavor to uphold the City's interests and
ensure the successful execution of the construction
phase, thereby bringing the Project to fruition
in accordance with established standards and
objectives.

P H A S E 6 : P R O J E C T C L O S E O U T
In this final phase of work, our focus shifts
towards evaluating the overall performance of the
Project, ensuring that all aspects are reviewed,
and any outstanding details are addressed with
accuracy guaranteeing a seamless transition for
the end-user. We tend to break delineate our
efforts into the following objectives:

Punchlist Coordination & Documentation
Efficiently coordinating, documenting, and tracking
the completion of Punchlist items is essential
to achieving the Project's desired outcome. By
addressing these items, we ensure that any
lingering deficiencies are promptly rectified
to meet the highest standards of quality and
satisfaction. Specifically, Griffin will employ a Field Observation Log during construction to identify
quality issues observed by the project team on an
ongoing basis. This will serve to function as an
ongoing pre-punch list and help minimize issues
discovered at final punch walks. Griffin will also
oversee the following punch walks to confirm
corrective action is resolved. Once completed,
Griffin will issue a comprehensive punch list for
completion by the DB Contractor. Griffin will
oversee the completion of these items and ensure
that all deficiencies and corrections are completed
to the City's satisfaction.

Management of Warranty Work
As the Project nears completion, effective
management of warranty work becomes
imperative to safeguarding the City’s interests and
ensuring long-term satisfaction. By overseeing
and coordinating warranty-related activities,
we uphold our commitment to delivering a final
product that exceeds expectations and withstands
the test of time.

SALINAS POLICE SERVICES HEADQUARTERS
*CONFIDENTIAL*
NOTICE: The data on pages of this response identified by an asterisk (*) contain technical or financial information, which are trade secrets, or information for which disclosure would result in substantial injury to the proposer’s competitive position. Proposer requests that such data be used only for the evaluation of the response but understands that the disclosure will be limited to the extent the City considers proper under the law. If an agreement is entered into with the proposer, the City shall have the right to use or disclose the data as provided in the agreement, unless otherwise obligated by law.

October 7, 2024 Council Packet Page 86

4.5. Wo r k P lan / T ec h nical S er v ices GRIFFIN STRUCTURES + LPA 44 +
Final Project Cost Evaluation
Thoroughly documenting and evaluating the final
project costs is crucial for providing the client with
comprehensive insights into the financial aspects
of the Project. By conducting a cost evaluation,
we enable informed decision-making and ensure
transparency throughout the Project's lifecycle.

Review of DBE Closeout Documentation
Reviewing the DBE's close-out documentation
and As-Builts/Record Drawings are essential for
verifying compliance with established standards
and specifications. Through detailed scrutiny, we
confirm the accuracy and completeness of all
submitted documentation, providing the City with
the assurance that all contractual obligations have
been fulfilled to the highest degree. Integral to
our cloud-based document management system,
Submittal Exchange will assemble all guarantees,
certifications, affidavits, leases, easement deed,
operating and maintenance manuals, warranties,
and any other closeout documents. This system
will provide a complete digital file for all
documents for future use, as well as maintain a
cloud-based file for future use.

Delivery of Final Documents
Delivering the final documents in both hard copy
and electronic formats for City archives ensures
seamless access to critical project information
for future reference and maintenance purposes.

By providing comprehensive documentation, we
empower the City to effectively manage and
maintain the Project's integrity over its lifecycle.

As we navigate through completion of the project,
our unwavering commitment to excellence in
project delivery remains consistent, ensuring
that every aspect of the Project is reviewed and
finalized to the highest standards of quality
and satisfaction. Through diligent coordination
and attention to detail, we pave the way for a
successful completion of the Project.

CONCLUSION
We take pride in providing unparalleled
professional program management services. As
described above, Griffin will serve as the eyes and
ears of the City. Our mantra is ‘no surprises.’ We
achieve that by proper management (avoiding the
issues in the first place), and clear and concise
documentation (for defense and resolution of
unavoidable issues). Accordingly, Griffin will
provide comprehensive program management
services to plan, design, and successfully deliver a
facility the City which will be a key cornerstone of
the community it serves.

BUENA PARK POLICE DEPT HEADQUARTERS
*CONFIDENTIAL*
NOTICE: The data on pages of this response identified by an asterisk (*) contain technical or financial information, which are trade secrets, or information for which disclosure would result in substantial injury to the proposer’s competitive position. Proposer requests that such data be used only for the evaluation of the response but understands that the disclosure will be limited to the extent the City considers proper under the law. If an agreement is entered into with the proposer, the City shall have the right to use or disclose the data as provided in the agreement, unless otherwise obligated by law.

October 7, 2024 Council Packet Page 87

EXHIBIT C

COMPENSATION

EXHIBIT D
October 7, 2024 Council Packet Page 88
F ee P r o p o sal GRIFFIN STRUCTURES + LPA 01
+
*CONFIDENTIAL*
NOTICE: The data on pages of this response identified by an asterisk (*) contain technical or financial information, which are trade secrets, or information for which disclosure would result in substantial injury to the proposer’s competitive position. Proposer requests that such data be used only for the evaluation of the response but understands that the disclosure will be limited to the extent the City considers proper under the law. If an agreement is entered into with the proposer, the City shall have the right to use or disclose the data as provided in the agreement, unless otherwise obligated by law.

Griffin Structures Fee Proposal
Selma Fire Station 4
April 24, 2024
Griffin Structures’ Fee Proposal is based on all reasonable costs necessary to perform Construction Management and Master Architectural Services for the City of Selma’s New Fire Station 3 Facility. For these requisite services Griffin Structures proposes the following Not-to-Exceed Fee based on hourly rates:

Construction Management Services: $ 1,010,600
Master Architectural Services: $ 399,875
Reimbursable Expenses: $ 70,000
Total $ 1,480,475
Additive Alternate 1: Addition of Part-time Project Engineer During Construction
$ 360,000
Deductive Alternate 1: PT FM in lieu of Fulltime CM - $ 260,000 Deductive Alternate 2: Reduce CA scope for Master Architect - $ 126,250 Note we have included a number of additive / deductive alternates to the above for the City’s consideration. As requested in the RFP, we have included a PT Project Engineer as an additive alternate to assist during the construction / closeout phases. Additionally, we have included a number of deductive alternatives which includes (1) an option for reducing our base proposal from a full-time CM to parttime CM during construction / closeout phases and (2) a reduction of master architect support during the construction phase. Both of these deductive options are recommended by our firm given our experience with this product type, delivery method and reputation in the marketplace.

All proposed hourly rates are fully burdened and include overhead profit, taxes, and benefits. Hourly rates are escalated by the CPI annually and the fee is reflective of the annual increases. The hours identified for each individual employee and task are estimates only and are not to be construed as not to exceed hours for any individual task, phase, or time period. We reserve the right to reallocate hours between staff members and tasks, in consultation with the City’s Project Manager, in order to accomplish the overall objectives and requirements of the project.

Services are based on an assumption of a 28-month schedule assuming 14 months for construction and closeout. Any extension of the schedule may result in added fee, in good faith negotiation with the City.

October 7, 2024 Council Packet Page 89
F ee P r o p o sal GRIFFIN STRUCTURES + LPA 0 2
+
*CONFIDENTIAL*
NOTICE: The data on pages of this response identified by an asterisk (*) contain technical or financial information, which are trade secrets, or information for which disclosure would result in substantial injury to the proposer’s competitive position. Proposer requests that such data be used only for the evaluation of the response but understands that the disclosure will be limited to the extent the City considers proper under the law. If an agreement is entered into with the proposer, the City shall have the right to use or disclose the data as provided in the agreement, unless otherwise obligated by law.

APPROACH TO PROJECT SCHEDULE
This proposal assumes the following durations by phase (some which may overlap with one another) and is illustrated in the Resource Allocation Schedule attached:

1. Phase 1: Program Verification & Concept Design (2 months)

2. Phase 2: Bridging Documents Development (3 months)

3. Phase 3: DBE Prequalification & Selection (6 months)

4. Phase 4: DBE Final Design & Construction Documents (9 months)

5. Phase 5: Construction Support (12 months)
Based on our experience with similar facilities, we believe a construction duration of 12 months is more appropriate for a facility of this magnitude, which varies from the RFP's identified 7-month schedule.

6. Phase 6: Project Closeout (2 months)

APPROACH TO STAFFING & PROJECT TEAM
To bring the highest level of efficiency and value to the City, Griffin Structures has assembled following team:

Jon Hughes will serve as Principal-in-Charge for the duration of the project and will provide oversight as-needed to the team to ensure a successful delivery for a total of 112 hours.

Leonard Marshall will serve as Project Executive for the duration of the project and will provide asneeded leadership to the team to ensure successful delivery bringing his current fire station experience to the Team. For this level of service, we have allocated a total of 760 hours of Leonard’s time.

Dustin Alamo will serve as the Preconstruction Manager and will lead the Team in shaping of program verification and successful preparation of bridging documents. We have allocated a total of 260 hours of Dustin’s time.

Lance Solomon will serve as the Sr. Construction Manager throughout the project. In that role, Lance will support the Pre-Construction Phase with constructability reviews and then manage the construction & closeout phase. For these services, we have allocated 2,488 hours of Lance’s time.

Ryan Craven will serve as the Cost Estimator for the duration of the project. We have allocated a total of 60 hours of Ryan’s time.

October 7, 2024 Council Packet Page 90
F ee P r o p o sal GRIFFIN STRUCTURES + LPA 03
+
*CONFIDENTIAL*
NOTICE: The data on pages of this response identified by an asterisk (*) contain technical or financial information, which are trade secrets, or information for which disclosure would result in substantial injury to the proposer’s competitive position. Proposer requests that such data be used only for the evaluation of the response but understands that the disclosure will be limited to the extent the City considers proper under the law. If an agreement is entered into with the proposer, the City shall have the right to use or disclose the data as provided in the agreement, unless otherwise obligated by law.

QUALIFICATIONS & EXCLUSIONS

1. Insurance costs are included as a reimbursable expense and will be billed monthly at the rate of $10 per $1,000.

2. On-site trailer rental, furniture, utilities, and sanitary facilities for our field staff (Project Management team) are excluded. We assume that offices will be provided as part of the construction site trailer(s) being provided by the City’s contractor or by the City.

3. Costs for all permits required for the project are excluded. It is assumed that the Agency will pay for all permitting fees, assessments, easements, school fees, and other agency or governmental fees or costs to support the design and construction the project. We have not included any permit related fees within our fee proposal. Permits will be pulled by others.

4. At no cost to the Owner, and subject to Internal Revenue Code 179D, (Deduction for Energy Efficient Commercial Buildings) Owner agrees to allocate any applicable tax deductions to construction manager (Griffin Structures) as may be relevant to ‘public entity’ projects.

5. Costs for construction staking, environmental and hazardous materials surveys, and all environmental and hazardous materials transportation and remediation costs are excluded.

6. Software licenses or user fees and all software training costs for specific project management software being required by either the City or their contractor(s) is excluded.

7. Cost of bulk blueprinting for plans and specifications for use by the contractors and subcontractors is excluded. Funds included in reimbursable expenses are for Griffin printing costs alone.

8. Independent or third-party testing companies such as Roofing, Peer Reviews, LEED, or other specialized third-party oversight services other than those listed herein are excluded.

9. No FF&E or OS&E procurement is included in this proposal.

10. Construction Site Security is excluded.

11. This proposal does not include a formal independent Inspector of Record (IOR); it is assumed that any Building Department inspections will be performed by the City’s Building Department inspections staff.

12. Construction Manager will review all RFI’s, Submittals, and Substitutions only for completeness.

Approvals shall be executed by the designer of record.

13. Construction Cost Estimates, when provided, are based on standard industry practice, professional experience, and knowledge of market conditions. Griffin has no control over material and labor costs, contractor’s methods of establishing prices or the market and bidding conditions at the time of bid.

Therefore, Griffin does not guarantee that bids received will not vary from the cost estimate provided and Griffin is not liable for any costs, liabilities, or damages incurred by the Agency arising from Griffin’s opinion of cost, the actual project cost to the Agency, delays caused by events outside the control of Griffin, or any labor or material cost increases.

October 7, 2024 Council Packet Page 91
F ee P r o p o sal GRIFFIN STRUCTURES + LPA 04
+
*CONFIDENTIAL*
NOTICE: The data on pages of this response identified by an asterisk (*) contain technical or financial information, which are trade secrets, or information for which disclosure would result in substantial injury to the proposer’s competitive position. Proposer requests that such data be used only for the evaluation of the response but understands that the disclosure will be limited to the extent the City considers proper under the law. If an agreement is entered into with the proposer, the City shall have the right to use or disclose the data as provided in the agreement, unless otherwise obligated by law.

14. Griffin is not responsible for, and the City will hold Griffin harmless from, any schedule delays and/or any losses, damages, or liabilities resulting therefrom that are caused by (1) events or conditions that are outside of Griffin’s control or (2) the acts or omissions of parties for whom Griffin is not legally liable (collectively, “Non-Consultant Delays”). The schedule for completion will be extended for any Non-Consultant Delays. If Griffin incurs additional costs or expenses due to Non-Consultant Delays, then Griffin’s fee compensation will be equitably adjusted to cover such additional costs or expenses.

15. For document tracking control, Griffin has included the use of “Submittal Exchange” for managing construction documentation, and based the hours allocated in this proposal accordingly. The cost of “Submittal Exchange” is included here as a reimbursable expense.

16. Dry utility design consultation services are not included.

17. This proposal does not include services inclusive of surveying, geotechnical engineering, environmental consulting, construction inspection, SWPPP monitoring, IT network equipment specification and planning, or move-in / start-up coordination and planning.

18. This proposal shall remain valid and in full force and effect for a period of 120 days from date of issuance, after which time it shall be deemed null and void.

October 7, 2024 Council Packet Page 92
F ee P r o p o sal GRIFFIN STRUCTURES 05
Fee Proposal Summary PRINCIPAL-INCHARGE

PROJECT

EXECUTIVE

PRECONSTRUCTION

MANAGER
SR. CONSTRUCTION

MANAGER
COST

ESTIMATOR

LPA DESIGN

STUDIOS
Jon Hughes Leonard Marshall Dustin Alamo Lance Solomon Ryan Craven $280/hr* $265/hr* $265/hr* $250/hr* $230/hr*
1 PROGRAM VERIFICATION & CONCEPTUAL DESIGN 8 8 100 0 0 $53,625 $84,485

1.1 Project Initiation Incl Incl Incl Incl Incl Incl

1.2 Site Evaluation Incl Incl Incl Incl Incl Incl

1.3 Building Program Verification Incl Incl Incl Incl Incl Incl

1.4 Research Regulatory Requirements Incl Incl Incl Incl Incl Incl

1.5 Conceptual Design Incl Incl Incl Incl Incl Incl
2 BRIDGING DOCUMENTS DEVELOPMENT 12 80 120 0 60 $156,000 $226,160

2.1 Schematic Design Incl Incl Incl Incl Incl Incl

2.2 Performance Criteria Incl Incl Incl Incl Incl Incl

2.3 Outline Specifications Incl Incl Incl Incl Incl Incl

2.4 Budget & Schedule Updates Incl Incl Incl Incl Incl Incl

2.5 Final Bridging Documents Incl Incl Incl Incl Incl Incl 3 DESIGN-BUILD ENTITY (DBE) PREQUALIFICATION & SELECTION 12 160 16 0 0 $0 $50,000

3.1 DBE Prequalifcation / Request for Statement of Qualifications Incl Incl Incl Incl Incl Incl

3.2 Request for Proposal and DBE Selection Incl Incl Incl Incl Incl Incl 4 DESIGN-BUILD ENTITY (DBE) FINAL DESIGN & CONSTRUCTION DOCUMENTS 36 336 24 252 0 $44,000 $222,200

4.1 Meeting Participation Incl Incl Incl Incl Incl Incl

4.2 DBE Design Submittal Reviews Incl Incl Incl Incl Incl Incl 5 CONSTRUCTION PHASE SUPPORT 36 144 0 1892 0 $146,250 $719,390

5.1 Construction Observation & Project Site Management Incl Incl Incl Incl Incl Incl

5.2 Construction Progress and Site Meetings Incl Incl Incl Incl Incl Incl

5.3 Construction Schedule and Budget Management Incl Incl Incl Incl Incl Incl

5.4 Project File Management Incl Incl Incl Incl Incl Incl

5.5 DBE Submittal Reviews Incl Incl Incl Incl Incl Incl

5.6 Master Architect Construction Phase Responsibilities Incl Incl Incl Incl Incl Incl Incl 6 PROJECT CLOSEOUT 8 32 0 344 0 $0 $108,240

6.1 Punchlist Coordination and Documentation Incl Incl Incl Incl Incl Incl

6.2 Management of Warranty Work Incl Incl Incl Incl Incl Incl

6.3 Final Project Cost Evaluation Incl Incl Incl Incl Incl Incl

6.4 Review of DBE Closeout Documentation Incl Incl Incl Incl Incl Incl

6.5 Delivery of Final Documents Incl Incl Incl Incl Incl Incl 112 760 260 2,488 60
$33,160 $211,840 $69,260 $682,540 $13,800 $399,875
$1,410,475
7 REIMBURSABLE COSTS $70,000

7.1 Insurance $14,500

7.2 Misc. Expenses (Printing, Travel, etc.) $38,000

7.3 Submittal Exchange (24 months) $12,500

7.4 OpenSpace $5,000
GRAND TOTAL $1,480,475
8 ADDITIVE ALTERNATES

8.1 Addition of Part-time Project Engineer During Construction $360,000 9 DEDUCTIVE ALTERNATES

9.1 -$260,000

9.2 Reduction of Master Architect Support during the Phase 5: Construction Phase Support -$126,250 * The rates shown are for 2024. The fee is inclusive of rates escalated annually.

ITEM
NO.

PROJECT

PHASE LUMP-SUM
AMOUNT
TOTAL
Reduction of Full-Time Construction Manager to Part-Time During Phases 5 & 6: Construction & Closeout October 7, 2024 Council Packet Page 93
F ee P r o p o sal GRIFFIN STRUCTURES 06
Resource Allocation Schedule

JUN JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC PHASE 1: PROGRAM VERIFICATION & CONCEPT DESIGN
Project Initiation
Site Evaluation
Building Program Verification
Research Regulatory Requirements
Conceptual Design
PHASE 2: BRIDGING DOCUMENTS DEVELOPMENT
Schematic Design
Performance Criteria
Outline Specifications
Budget & Schedule Updates
Final Bridging Documents
PHASE 3: DBE PREQUALIFICATION & SELECTION
DBE Prequal / Request for Statement of Quals
RFP and DBE Selection
PHASE 4: DBE FINAL DESIGN & CONST DOCUMENTS
Design Development
Construction Documents
Plan Check / Permitting
Budget & Schedule Updates
PHASE 5: CONSTRUCTION
Construction - Grading / Utilities
Construction - Building / Site
Principal-In-Charge, Jon Hughes 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 Project Executive, Leonard Marshall 4 4 40 40 40 40 40 40 40 40 40 40 40 40 40 40 16 16 16 Preconstruction Manager, Dustin Alamo 60 40 40 40 40 8 8 8 8 8 Sr. Construction Manager, Lance Solomon 40 40 172 172 172 172 172 Cost Estimator, Ryan Craven 60
Principal-In-Charge, Jon Hughes $ 1,120 $ 1,120 $ 1,120 $ 1,120 $ 1,120 $ 1,120 $ 1,120 $ 1,180 $ 1,180 $ 1,180 $ 1,180 $ 1,180 $ 1,180 $ 1,180 $ 1,180 $ 1,180 $ 1,180 $ 1,180 $ 1,180 Project Executive, Leonard Marshall $ 1,060 $ 1,060 $ 10,600 $ 10,600 $ 10,600 $ 10,600 $ 10,600 $ 11,200 $ 11,200 $ 11,200 $ 11,200 $ 11,200 $ 11,200 $ 11,200 $ 11,200 $ 11,200 $ 4,480 $ 4,480 $ 4,480 Preconstruction Manager, Dustin Alamo $ 15,900 $ 10,600 $ 10,600 $ 10,600 $ 10,600 $ 2,120 $ 2,120 $ 2,240 $ 2,240 $ 2,240 $ - $ - $ - $ - $ - $ - $ - $ - $ - Sr. Construction Manager, Lance Solomon $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 10,600 $ - $ 10,600 $ 45,580 $ 45,580 $ 45,580 $ 45,580 $ 45,580 Cost Estimator, Ryan Craven $ - $ - $ - $ - $ 13,800 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 18,080 $ 12,780 $ 22,320 $ 22,320 $ 36,120 $ 13,840 $ 13,840 $ 14,620 $ 14,620 $ 14,620 $ 12,380 $ 22,980 $ 12,380 $ 22,980 $ 57,960 $ 57,960 $ 51,240 $ 51,240 $ 51,240

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
PHASE 5: CONSTRUCTION
Construction - Building / Site
PHASE 6: PROJECT CLOSEOUT
Punchlist, warranties, closeout
TOTALS
Principal-In-Charge, Jon Hughes 4 4 4 4 4 4 4 4 4 112
Project Executive, Leonard Marshall 16 16 16 16 16 16 16 16 16 760 Preconstruction Manager, Dustin Alamo 260
Sr. Construction Manager, Lance Solomon 172 172 172 172 172 172 172 172 172 2,488 Cost Estimator, Ryan Craven 60
Principal-In-Charge, Jon Hughes $ 1,240 $ 1,240 $ 1,240 $ 1,240 $ 1,240 $ 1,240 $ 1,240 $ 1,240 $ 1,240 $ - $ - $ - 33,160 Project Executive, Leonard Marshall $ 4,720 $ 4,720 $ 4,720 $ 4,720 $ 4,720 $ 4,720 $ 4,720 $ 4,720 $ 4,720 $ - $ - $ - 211,840 Preconstruction Manager, Dustin Alamo $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - 69,260 Sr. Construction Manager, Lance Solomon $ 48,160 $ 48,160 $ 48,160 $ 48,160 $ 48,160 $ 48,160 $ 48,160 $ 48,160 $ 48,160 $ - $ - $ - 682,540 Cost Estimator, Ryan Craven $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - 13,800 $ 54,120 $ 54,120 $ 54,120 $ 54,120 $ 54,120 $ 54,120 $ 54,120 $ 54,120 $ 54,120 $ - $ - $ - 1,010,600 #DIV/0!

MONTHLY STAFFING HOURS

PROJECT PHASE

MONTHLY STAFFING HOURS
PROJECT PHASE 2026
2024 2025
October 7, 2024 Council Packet Page 94
F ee P r o p o sal GRIFFIN STRUCTURES + LPA 07
+
*CONFIDENTIAL*
NOTICE: The data on pages of this response identified by an asterisk (*) contain technical or financial information, which are trade secrets, or information for which disclosure would result in substantial injury to the proposer’s competitive position. Proposer requests that such data be used only for the evaluation of the response but understands that the disclosure will be limited to the extent the City considers proper under the law. If an agreement is entered into with the proposer, the City shall have the right to use or disclose the data as provided in the agreement, unless otherwise obligated by law.

Fee Proposal

LPA BASIC HOURLY RATE SCHEDULE
Principal $295.00
Director $260.00
Discipline Director $250.00
Project Director $250.00
Project Leader $200.00
Manager $165.00
Design Coordinator II $170.00
Design Coordinator I $145.00
Designer III $135.00
Designer II $120.00
Designer I $110.00
Senior Specialist $150.00
Specialist III $110.00
Specialist II $95.00
Specialist I $85.00
Intern $85.00
Note:

These rates are effective January 18, 2024 and are subject to change annually.

October 7, 2024 Council Packet Page 95

INSURANCE REQUIREMENTS
Without limiting Consultant’s indemnification of City, and prior to commencement of the Services, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to the City.

General liability insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000.00 per occurrence, $4,000,000.00 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.

Automobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $2,000,000.00 combined single limit for each accident.

Professional liability (errors & omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $2,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement.

Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers and employees.

Proof of insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsement must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time.

Duration of coverage. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, his agents, representatives, employees or subconsultants.

Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and nonOctober 7, 2024 Council Packet Page 96 contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant, or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.

Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.

Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, officials, and employees or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

Enforcement of contract provisions (non estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.

Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type.

Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.

Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials and employees shall be additional insureds under such policies. This provision shall also apply to any excess liability policies.

Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.

Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against October 7, 2024 Council Packet Page 97
whom claim is made or suit is brought, except with respect to the insurer’s limits of liability.

The policy(ies) shall not contain any cross-liability exclusions.

Pass Through Clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review.

City’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation.

Self-insured retentions. Any self-insured retentions must be declared to and approved by the City. The City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by the City.

Timely notice of claims. Consultant shall give the City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.

Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

October 7, 2024 Council Packet Page 98
CITY MANAGER’S/STAFF’S REPORT
CITY COUNCIL MEETING: October 7, 2024__________________ ITEM NO: C.

SUBJECT: Consideration of a Resolution Approving Software Agreement Amendment with ImageTrend for Fire Data Collection
BACKGROUND: Since 2000, the City of Selma has used Zoll RMS for data collection and mandated NFIRS (National Fire Incident Reporting System) reporting for the Selma Fire Department’s fire responses.

DISCUSSION: The City of Selma Fire division currently uses Zoll RMS for its data collection and mandated reporting on fire responses. The City of Selma EMS Division utilizes ImageTrend through a partnership with American Ambulance of Fresno. In 2022, the City entered into a Piggyback Agreement with ImageTrend based on the terms first established between American Ambulance (“System Administrator”) and ImageTrend. ImageTrend has been developed to pair with multiple CAD (computer-aided dispatch) providers including Peraton, which is currently used by Fresno County Emergency Command Center (ECC).

This pairing ability allows for accurate information to be uploaded to incident reports from the ECC. This automated feature ensures the upmost accuracy when completing reports. It is critical for the Selma Fire Department to have access to accurate data that can be utilized for strategic planning, community risk reduction and emergency planning. This software will bring data analytics and reporting capabilities that will greatly enhance the fire department’s delivery of services. As part of the transition to ImageTrend reporting, historical records will be migrated and/or maintained in accordance with records retention policies.

ImageTrend also allows for seamless transfer of data on PCR’s (Patient Care Reports) which are utilized by all neighboring EMS agencies. This feature ensures accurate information is shared amongst first responders on medical emergencies. ImageTrend also offers a multitude of reports and reporting features to aid in compliance with the mandated quarterly reporting structure of the National Fire Incident Reporting System.

Staff recommends that the City Council approve the agreement with ImageTrend to provide data collection and reporting services for the Selma Fire Department. This will not impact data collection/reporting for ambulance services. That service will still be provided through the partnership with American Ambulance of Fresno. This transition has been planned and budgeted for in the 2024/2025 fiscal year budget.

FISCAL IMPACT: Implementation and first-year expenses are estimated at $13,225.00. $25,000 was included in the 24/25 FY Budget for this program. The remainder of funds will be utilized for bridging CAD software developed by Peraton.

RECOMMENDATION: Staff recommends that Council approve by resolution the Software Agreement Amendment with ImageTrend for Fire Data Collection, and authorize the City Manager or designee to execute all associated documents.

October 7, 2024 Council Packet Page 99
_____/s/_ _____________________________ 09/26/2024
Jordan Webster, Fire Chief Date
_____/s/_ _____________________________ 09/26/2024
Fernando Santillan, City Manager Date
October 7, 2024 Council Packet Page 100
RESOLUTION NO. 2024 –____R

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SELMA,

CALIFORNIA, APPROVING AND AUTHORIZING THE CITY MANAGER TO

EXECUTE A SOFTWARE AGREEMENT AMENDMENT BETWEEN

IMAGETREND AND THE CITY OF SELMA FOR FIRE DATA COLLECTION

SERVICES
WHEREAS, since 2000, the City of Selma has used the Zoll RMS system for data collection and mandated NFIRS (National Fire Incident Reporting System) reporting for the Selma Fire Department’s fire responses; and
WHEREAS, since 2022, the City of Selma has utilized ImageTrend for emergency medical services reporting; and
WHEREAS, utilizing ImageTrend for fire reporting will greatly enhance the efficiencies of the department; and
WHEREAS, ImageTrend software includes data analytics and reporting capabilities that will greatly enhance the fire department’s delivery of services.; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Selma as follows:

SECTION 1. The above recitals are true and correct and are incorporated herein by reference.

SECTION 2. The City Council hereby approves the Software Agreement Amendment with ImageTrend attached as Exhibit A and incorporated herein by reference.

SECTION 3. The City Manager or Designee is hereby authorized to execute the agreement amendment and all necessary documents and make all necessary expenditures related to the same on behalf of the City.

SECTION 4. Severability. The provisions of this Resolution are severable and if any provision, clause, sentence, word, or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words, or parts thereof of the Resolution or their applicability to other persons or circumstances.

PASSED, APPROVED AND ADOPTED this 7
th day of October, 2024, by the
following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
(Signatures on following page)
October 7, 2024 Council Packet Page 101
Scott Robertson, Mayor
ATTEST:

Reyna Rivera, City Clerk
October 7, 2024 Council Packet Page 102
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CITY MANAGER’S/STAFF’S REPORT
CITY COUNCIL MEETING: October 7, 2024___________________ ITEM NO: D.

SUBJECT: Consideration of a Resolution Approving Proposal and Agreement with Peraton Inc. for the Installation of the ImageTrend interface on the Peraton Altaris Computer Aided Dispatch system at CALFIRE FKU Emergency Command Center
BACKGROUND: Since 2000, the City of Selma has used Zoll RMS for data collection and mandated NFIRS (National Fire Incident Reporting System) reporting for the Selma Fire Department’s fire responses.

DISCUSSION: The City of Selma Fire division currently uses Zoll RMS for its data collection and mandated reporting on fire responses. The City of Selma EMS Division utilizes ImageTrend through a partnership with American Ambulance of Fresno. In 2022, The City entered into a Piggyback Agreement with ImageTrend based on the terms first established between American Ambulance (“System Administrator”) and ImageTrend. ImageTrend has been developed to pair with multiple CAD (computer-aided dispatch) providers including Peraton, which is currently used by Fresno County Emergency Command Center (ECC).

This pairing ability allows for accurate information to be uploaded to incident reports from the ECC. This automated feature ensures the upmost accuracy when completing reports. It is critical for the Selma Fire Department to have access to accurate data that can be utilized for strategic planning, community risk reduction and emergency planning. This software will bring data analytics and reporting capabilities that will greatly enhance the fire department’s delivery of services. As part of the transition to ImageTrend reporting, historical records will be migrated and/or maintained in accordance with records retention policies.

Peraton is a CAD software company utilized by the Fresno County ECC. This proposal includes the scope necessary to install and implement the interface between the ECC and the Selma Fire Department’s ImageTrend Fire reporting software. Without this interface the distribution of incident data will revert back to manual entry, which is both an inefficient use of staff time as well as an approach that is prone to user error. The scope of this proposal includes installation and two years of maintenance.

FISCAL IMPACT: Implementation and two years of maintenance are estimated at $11,153.00. $25,000 was included in the 24/25 FY for this program. The remainder of funds will be utilized for ImageTrend reporting software.

RECOMMENDATION: Staff recommends that Council approve by resolution the Proposal and Agreement with Peraton Inc. for the installation of the ImageTrend interface on the Peraton Altaris Computer Aided Dispatch system at CALFIRE Fresno Kings Unit Emergency Command Center, and authorize the City Manager or designee to execute all associated documents.
_____/s/_ _____________________________ 09/26/2024 _________ Jordan Webster, Fire Chief Date
October 7, 2024 Council Packet Page 128
_____/s/_ _____________________________ 09/26/2024 _________ Fernando Santillan, City Manager Date
October 7, 2024 Council Packet Page 129
RESOLUTION NO. 2024 – R

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SELMA,

CALIFORNIA, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A PROPOSAL AND AGREEMENT BETWEEN PERATON INC. AND

THE CITY OF SELMA FOR INSTALLATION OF THE IMAGETREND

INTERFACE ON THE PERATON ALTARIS COMPUTER AIDED DISPATCH

SYSTEM AT CALFIRE FKU EMERGENCY COMMAND CENTER
WHEREAS, the City of Selma wishes to utilize ImageTrend fire reporting software; and
WHEREAS, the Peraton CAD to ImageTrend Interface is necessary for the CAD to migrate data to ImageTrend software for report generation; and WHEREAS, this capability will allow for enhanced data analytics and reporting capabilities thus greatly enhancing the fire department’s delivery of services; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Selma as follows:

SECTION 1. The above recitals are true and correct and are incorporated herein by reference.

SECTION 2. The City Council hereby approves the Proposal and Agreement attached as Exhibit A and incorporated herein by reference.

SECTION 3. The City Manager or Designee is hereby authorized to execute the agreement and all necessary documents and make all necessary expenditures related to the same on behalf of the City.

SECTION 4. Severability. The provisions of this Resolution are severable and if any provision, clause, sentence, word, or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words, or parts thereof of the Resolution or their applicability to other persons or circumstances.

PASSED, APPROVED AND ADOPTED this 7
th day of October, 2024, by the
following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
(Signatures on following page)
October 7, 2024 Council Packet Page 130
Scott Robertson, Mayor
ATTEST:

Reyna Rivera, City Clerk
October 7, 2024 Council Packet Page 131
** NOTICE OF PROPRIETARY INFORMATION **
This document contains Peraton Proprietary Information including trade secrets and shall not be duplicated, used, or disclosed (in whole or in part) without the express written authorization of Peraton. This document may be used by the authorized recipient solely for internal purposes.

CR: #208751
Sent via email to [email protected]
September 27, 2024
Jordan Webster
Fire Chief
Selma Fire Department
1710 Tucker Street
Selma, CA 93662
Subject: CR-208751 ImageTrend Interface from Peraton Altaris™ CAD at CAL FIRE Fresno Kings Unit (FKU) to Selma Fire Department
Dear Chief Webster,
Peraton Inc. (“Peraton”) is pleased to provide this proposal for the Firm-Fixed Price (FFP) to install the ImageTrend interface on the Peraton Altaris™ CAD system at CAL FIRE FKU Emergency Command Center to send CAD data to Selma Fire Department ImageTrend environment.

Scope of Work
Peraton Responsibilities:
 Implement the CAL FIRE standard ImageTrend interface.  Provide a project manager who will coordinate the implementation of the ImageTrend interface at FKU. Project manager will provide implementation dates, project schedule and coordination of testing between Peraton, Selma Fire Department and ImageTrend.  Assist FKU & Selma Fire Department in understanding the implementation and CAD data setup requirements.
 Provide resolution of priority 1 and 2 issues if FKU’s unique data exposes a new interface issue.
o Priority 1 & 2 issues are defined as software errors that prevent or substantially interfere with operation of the Peraton installed software for its primary intended purpose on a system wide basis.
12975 Worldgate Drive
Herndon, Virginia 20170
October 7, 2024 Council Packet Page 132
Chief Jordan Webster June 7, 2024
Selma Fire Department CR- 208751
ImageTrend Page 2 of 8
** NOTICE OF PROPRIETARY INFORMATION **
This document contains Peraton Proprietary Information including trade secrets and shall not be duplicated, used, or disclosed (in whole or in part) without the express written authorization of Peraton This document may be used by the authorized recipient solely for internal purposes.  The fields in the list below will be pushed to ImageTrend ePCR. Any request by the customer or ImageTrend to add additional data elements will be considered an enhancement and an additional quote for the work will be provided.  Provide break fix maintenance as it pertains to the Altaris™ CAD ImageTrend interface.  Provide customer the Peraton maintenance trouble reporting procedures and applicable email address and phone number for the Peraton Help Desk.

Selma Fire Department Responsibilities:
 Provide a single point of contact to work with the Peraton project manager.  Contract directly with ImageTrend to contract for their product, installation & maintenance services.
 Provide Peraton Project Manager with ImageTrend contact information to enable coordination of project implementation.
 Participate in testing of the ImageTrend interface.
 Provide project acceptance and authorization to close out project and move to maintenance phase.
 Once project is moved to Maintenance, Customer will contact Peraton support desk to report any issues with the installed CAD ImageTrend interface.

XML Tag Data Element Comments
CadID A unique identifier for each record
is generated by combining the event
agency, the event number and the
resource id dispatched to the event.

One ePCR record is
generated for every
dispatched resource.

Agency Number
The CAD event agency. These must be entered
into an ImageTrend
Elite table before the
data will import.

IncidentNumber The CAD event number.

EMSResponseNumber The CAD Site Incident Number
PSAP
When the event is created from the
E-911 interface, this is the date and
time the E-911 record was received
by CAD.

October 7, 2024 Council Packet Page 133
Chief Jordan Webster September 27, 2024
Selma Fire Department CR- 208751
ImageTrend Page 3 of 8
** NOTICE OF PROPRIETARY INFORMATION **
This document contains Peraton Proprietary Information including trade secrets and shall not be duplicated, used, or disclosed (in whole or in part) without the express written authorization of Peraton This document may be used by the authorized recipient solely for internal purposes.

XML Tag Data Element Comments
DispatchNotified The date and time the event was
entered in CAD.

UnitNotifiedByDispatch The date and time the resource as dispatched in CAD
UnitEnroute The date and time the resource was
marked enroute in CAD
InitialResponderArrivedOnScene The first date and time a resource was marked at the scene in CAD
UnitArrivedOnScene The date and time the resource was
marked at the scene in CAD
UnitLeftScene The date and time the resource was
marked as transporting in CAD.

PatientArrivedAtDestination The date and time the resource was marked as transport arrived in CAD.

UnitBackInService The date and time the resource was
removed from the event in CAD
UnitCanceled
The date and time the resource was
removed from the event in CAD via
the CX command only.

SceneStreetAddress
The event’s location is parsed, the
apartment, city code, and common
name are removed. The remainder
is placed in this field.

SceneStreetAddress2
If the location parsing identified a
common place name, it is placed in
this field.

SceneApartmentNumber
The apartment information from the
event’s location is parsed out and
placed here.

SceneCrossStreet
The event’s low and high cross
street or access point are provided in
this field.

SceneCityName
The city code information from the
event’s location is parsed out and
placed here.

ImageTrend requires
a translation table of
city codes to city
names.

October 7, 2024 Council Packet Page 134
Chief Jordan Webster September 27, 2024
Selma Fire Department CR- 208751
ImageTrend Page 4 of 8
** NOTICE OF PROPRIETARY INFORMATION **
This document contains Peraton Proprietary Information including trade secrets and shall not be duplicated, used, or disclosed (in whole or in part) without the express written authorization of Peraton This document may be used by the authorized recipient solely for internal purposes.

XML Tag Data Element Comments
ZoneNumber
The Atom for the incident, when the
incident has a verified address.

ImageTrend
workbook indicates
they want an edit
table for this.

GPSLatitude
The latitude of the incident in CAD,
when the incident has a verified
address.

GPSLongitude
The longitude of the incident in
CAD, when the incident has a
verified address.

EMSUnitNumber The Resource ID
EMDPerformed
Yes / No if there is a ProQA
invocation attached to the event in
CAD.

EMDCardNumber
The ProQA determinant if there is a
ProQA invocation attached to the
event in CAD and a determinant
was reached.

DispatchLocation
The Resource’s currently assigned
response area (home or moved up
response area).

BeginningOdomReading
If an M/miles is found in the
resource history chronology TRNS
segment for this resource and event,
it is provided.

OnSceneOdomReading
If an M/miles is found in the
resource history chronology TRNS
segment for this resource and event,
it is provided.

PatientDestinationOdomReading
If an M/miles is found in the
resource history chronology TAR
segment for this resource and event,
it is provided.

October 7, 2024 Council Packet Page 135
Chief Jordan Webster September 27, 2024
Selma Fire Department CR- 208751
ImageTrend Page 5 of 8
** NOTICE OF PROPRIETARY INFORMATION **
This document contains Peraton Proprietary Information including trade secrets and shall not be duplicated, used, or disclosed (in whole or in part) without the express written authorization of Peraton This document may be used by the authorized recipient solely for internal purposes.

XML Tag Data Element Comments
EndingOdomReading
If an M/miles is found in the
resource history chronology TCM
segment for this resource and event,
it is provided.

PatientDisposition The last disposition assigned to the incident.

ImageTrend requires
a translation table.

DestinationName
If a resource history chronology
TRNS segment for this resource and
event exist, the location in square
braces is pulled out and parsed. The
common place name portion is
placed in this field.

ImageTrend wants a
translation table to
make this name into a
Destination Code.

DestinationStreetAddress
Once the common place name is
removed from the transport location
(see DestinationName above) the
remainder of the address is placed
here.

DestinationCityName
The city code portion of the parsing
that resulted in setting a
DestinationName is placed here.

Elements below are repeated for
every person logged into the
resource.

LicensureID
The Employee ID from the PER
record for every person logged in to
the resource. If the Employee ID
field is blank, the CAD PER ID is
provided.

CrewMemberLevel
The rank from the PER record for
every person logged in to the
resource.

ImageTrend requires
a translation table.

October 7, 2024 Council Packet Page 136
Chief Jordan Webster September 27, 2024
Selma Fire Department CR- 208751
ImageTrend Page 6 of 8
** NOTICE OF PROPRIETARY INFORMATION **
This document contains Peraton Proprietary Information including trade secrets and shall not be duplicated, used, or disclosed (in whole or in part) without the express written authorization of Peraton This document may be used by the authorized recipient solely for internal purposes.

Project Acceptance
The project will be deemed accepted and completed by Selma Fire Department and CAL FIRE FKU when Peraton demonstrates:
 CAD data is being sent from the Altaris™ CAD System to the Selma Fire Department’s ImageTrend service.
o Only the data elements listed above will be available to ImageTrend.

As the acceptance demonstrations are conducted, errors will be documented as bugs. Each bug is assigned a priority based on the nature of the error. The bug will be assigned to the appropriate vendor or agency for resolution and tracked through closure. Below is a definition of bug priorities:

Priority Definition
1 – Critical  Major functions non-operational
 Prevents or adversely affects the accomplishment of an essential Production capability or critical requirement with no known acceptable (practical, realistic, sensible) workaround solution. 2 – High  Adversely affects the accomplishment of an essential Production capability with a known acceptable (practical, realistic, sensible) workaround solution.
 Adversely affects the accomplishment of a non-essential Production capability with no known acceptable (practical, realistic, sensible) workaround solution.
 System wide Outage/performance
o Software anomaly requires a CAD client restart
3 – Medium  Adversely affects the accomplishment of a non-essential Production capability with a known acceptable (practical, realistic, sensible) workaround solution.
 Results in user/operator inconvenience without affecting an essential Production capability
4 – Low  Minor Issue which does not adversely affect the accomplishment of any Production capability.
 Documentation
 Request for Information
 Any other issues
October 7, 2024 Council Packet Page 137
Chief Jordan Webster September 27, 2024
Selma Fire Department CR- 208751
ImageTrend Page 7 of 8
** NOTICE OF PROPRIETARY INFORMATION **
This document contains Peraton Proprietary Information including trade secrets and shall not be duplicated, used, or disclosed (in whole or in part) without the express written authorization of Peraton This document may be used by the authorized recipient solely for internal purposes.

The Firm Fixed Price and Payments for this quote are as follows:

Total Price & Payments
Period of Performance:

Estimated Implementation Period: August 1, 2024 to August 31, 2024 Estimated Year 1 Maintenance Period: September 1, 2024 to August 31, 2025 Estimated Year 2 Maintenance Period: September 1, 2025 to August 31, 2026 Actual implementation period will be based on receipt of customer purchase order and availability of Peraton resources.

Maintenance will begin at acceptance. Maintenance will be renewed on an annual basis and is subject to a 5% year over year increase.

Customer may choose to pay entire amount of $11,153.00 upfront at issuance of purchase order.

Payment shall be made by the Customer within 30 days of the receipt of an invoice from Peraton.

Terms and Conditions
The attached First Responder Solutions (FRS) General Provisions apply to this proposal and are attached for your review.

This proposal is valid until November 1, 2024 unless extended by Peraton in writing.

Price and Payment Details Amount Total Due
Total Price: Installation & 2 Years Maintenance $ 11,153.00 Payment Milestones
At Issuance of Purchase Order $ 7,000.00
License Fee (100%) $ 5,000.00
Implementation (50%) $ 2,000.00
At Interface GoLive & Acceptance $ 3,050.00
Implementation Labor (50%) $ 2,000.00
Year 1 Maintenance $ 1,050.00
Maintenance Additional Years $ 1,103.00
Year 2 Maintenance $ 1,103.00
October 7, 2024 Council Packet Page 138
Chief Jordan Webster September 27, 2024
Selma Fire Department CR- 208751
ImageTrend Page 8 of 8
** NOTICE OF PROPRIETARY INFORMATION **
This document contains Peraton Proprietary Information including trade secrets and shall not be duplicated, used, or disclosed (in whole or in part) without the express written authorization of Peraton This document may be used by the authorized recipient solely for internal purposes.

We sincerely appreciate the opportunity to respond to the needs of your agency. If you need any additional information, please call me at the number below or Teresa Richardson at (813) 220-9748.

Sincerely,
Cynthia Williams
Contracts Administrator
Mobile: (865) 269-3779
[email protected]
CC: Teresa Richardson
Marin Browning
Peraton’s Business Combinations
Over the past few years, Peraton has successfully acquired a number of complementary businesses, including Perspecta Inc. and the Northrop Grumman federal IT and mission support services business. Our combination has created a leading government mission capability integrator and enterprise IT provider focused on delivering high-end technology-enabled services. The combination also gives us and our customers access to a wealth of additional resources and capabilities.

Through all of the aforementioned transactions, we have retained the key personnel, management, contracts, and other resources and assets (including the financial resources, employees, subcontracts, materials, facilities, and other infrastructure support) of all of the acquired businesses. We manage our combined business enterprise with a centralized leadership structure, consolidated business systems, and common policies, practices, and resources to effectively serve multiple government customers worldwide. Accordingly, the personnel, resources and assets that are offered and committed in this proposal, remain fully available and attributable to Peraton and applicable and relevant to this solicitation.

Upon acceptance of this proposal and the FRS General Provisions, the Selma Fire Department will issue a purchase order and execute this proposal.

Selma Fire Department Peraton Inc.
_________________________________ _______________________________ Signature of Authorized Representative Signature of Authorized Representative _________________________________
Name and Title
_________________________________
Date
_______________________________
Date
_______________________________
Name and Title
October 7, 2024 Council Packet Page 139
Peraton First Responder Solution General Provisions Page 1 of 14 Rev (2.18.24)
FIRST RESPONDER SOLUTIONS (“FRS”)

GENERAL PROVISIONS
Article 1: Definitions
The following terms shall have the meanings set forth below:
(a) “Agreement” means the instrument of contracting, such as “Purchase Order,” “PO,” “Subcontract,” or other such type designation, all referenced documents, exhibits, and attachments. If these terms and conditions are incorporated into a master or other overarching agreement that provides for releases (in the form of a Task Order or other such document) the term “Agreement” shall also mean the release document for Work to be performed.
(b) “Peraton” means the entity identified on the face of the Agreement. (c) “Peraton Contract Administrator” means a person authorized by Peraton to administer and/or execute the Agreement.
(d) “Customer” means the party that receives and accepts a proposal from Peraton. (e) “Work” means all required labor, articles, materials, supplies, goods, and services required to be performed this Agreement.

Article 2: Term of Agreement
The term of this Agreement shall begin upon receipt of Customer’s written acceptance of Peraton’s Quote and shall continue through the completion of the Work and any maintenance period unless terminated sooner or extended as hereinafter provided.

Article 3: Acceptance of Agreement/Terms and Conditions (a) This Agreement entered into between Peraton and Customer integrates, merges, and supersedes all prior or contemporaneous understandings, agreements, negotiations, or representations, oral or otherwise concerning the subject matter hereof and constitutes the entire agreement between the Parties. No supplement, modification or amendment of the Agreement will be binding unless in writing which states that it is a modification of the Agreement, and which is signed by an authorized representative of each Party who is authorized to amend the Agreement.
(b) Peraton will not commence services or incur any related expenses unless it has received an executed Agreement or other authorization from Customer expressly authorizing the Work. (c) The Parties agree that if this Agreement is transmitted electronically neither party shall contest the validity of this Agreement, or any acknowledgement thereof, on the basis that this Agreement or acknowledgement contains an electronic signature.
(e) The headings and subheadings used in this Agreement are inserted for the convenience of the Parties and ease of reference. The headings and subheadings shall not define, limit, or describe the scope or the intent of the provisions of this Agreement.

Article 4: Order of Precedence
Any inconsistencies in this Agreement shall be resolved in accordance with the following descending order of precedence:

October 7, 2024 Council Packet Page 140

Peraton First Responder General Provisions Page 2 of 14 Rev (2.2024)
(1) The terms and conditions set forth in this document. (2) The Statement of Work and other specifications incorporated into the Agreement.

Article 5: Payments, Taxes, and Duties
(a) Payment Terms. Unless otherwise provided, terms of payment shall be net thirty (30) days from the latest of the following: (1) Customer’s receipt of the Peraton’s proper invoice; (2) scheduled completion of performance date of the Work; or (3) actual completion of performance of the Work. Payment shall be deemed to have been made as of the date of mailing Customer’s payment or electronic funds transfer. (b) Taxes. Unless otherwise specified, Customer is responsible for any applicable federal, state, and local taxes, duties, tariffs, and similar fees imposed by any government. (c) Hardware and Third-Party Software and Services. 100% of the purchase price for the hardware shall be paid upon delivery to the Customer’s site. Partial deliveries, invoicing, and payment based online item pricing provide by Peraton shall be permitted.
(d) Peraton license fees shall be paid upon acceptance of Peraton quotation or issuance of Purchase Order. (e) For late payments

Article 6: Changes
Customer may request changes to the scope of work, services and/or equipment to be performed or provided by Peraton hereunder. All such changes (which are mutually agreed upon by and between all the parties) shall be incorporated in written amendments to this Agreement. All such amendments shall state any increase or decrease in the amount of the compensation due Peraton for the change in scope and/or schedule, if any. Peraton shall have no obligation to proceed with any change until such time as Peraton and the Customer have agreed upon the impact on price and schedule and have executed a bilateral written amendment memorializing the change and the price and schedule impacts.

Any delays caused by Customer, including but not limited to any failure to a) timely approve documents as provided herein, b) comply with responsibilities set forth in the implementation plan, c) provide access to facilities or information required by Peraton to perform the Work, or Failure or d) delay in providing Customer furnished equipment

shall be regarded as constructive changes and shall entitle PERATON to an equitable adjustment in price and schedule from the Customer. Should PERATON and Customer be unable to agree on the price impact to PERATON of such delay, such price shall be computed using PERATON’s then current time and materials rates.

Article 7: Assignment/Change of Control
The rights and obligations hereunder, may not be transferred or assigned by one Party without the prior written approval of the other Party hereto. The foregoing shall not apply to assignment to a successor corporation as a result of a merger or a sale of all or substantially all of the assets or stock of that party, provided such merger or sale is not with or to a competitor of any to this Agreement.

October 7, 2024 Council Packet Page 141

Peraton First Responder General Provisions Page 3 of 14 Rev (2.2024)
Article 8: Acceptance
Unless otherwise specified, the Work subject to this Agreement shall be accepted upon completion of the Work set forth, or upon commencement of beneficial use by Customer whichever occurs first.

Article 9: Packaging and Shipping
(a) Delivery shall be to the location agreed upon by Peraton and the Customer. Unless otherwise specified, Peraton shall deliver all applicable deliverables and hardware in Customer-furnished containers using best commercial practices to the specified Customer’s facility (or other facility as may be directed) in accordance with this Agreement.
(b) A complete packing list shall be enclosed with all shipments. Peraton shall mark containers or packages with necessary lifting, loading, and shipping information, including the Peraton Agreement number, item number(s), dates of shipment, and the names and addresses of consignor and consignee. Bills of lading shall include this Agreement number. Peraton shall not insure any shipments nor declare any value on any shipments.

Article 10: New Materials
(a) Definitions. “Material,” as used in this clause, includes, but is not limited to raw material, parts, items, components and end goods. “New,” as used in this clause, means previously unused or composed of previously unused materials allowing for typical in-factory or site use including, but not limited to integration, installation, assembly, test, burn-in, training, troubleshooting, and rework as required. In addition, New Material is not reconditioned, remanufactured, or of such age or so deteriorated as to impair its usefulness or safety.
(b) Unless Customer specifies in writing otherwise, Peraton shall deliver New Material under this Agreement that is fully warranted and does not contain any counterfeit material.

Article 11: Entry on Customer’s Facility
Peraton’s personnel, including Peraton’s subcontractors, shall comply with Customer’s applicable security, safety, rules of conduct, badging and related requirements. Prior to entry on Customer’s premises, Peraton shall coordinate with Customer for access. Peraton shall provide information reasonably required by Customer to ensure proper identification of personnel, including but not limited to verification of citizenship, lawful permanent resident status, protected individual or other status.

Article 12: Commercial Software Licenses
(a) Acknowledgment of Ownership. Peraton owns all right, title and interest to the Peraton Software and related documentation (the “Peraton Software”), including all custom modifications, derivative works and all technical and functional designs relating thereto. None of the services hereunder shall be considered “work for hire” within the meaning of Federal copyright law (17 U.S.C. Section 101 et seq). Customer shall not disassemble, decompile or reverse engineer the Peraton Software and any information obtained in violation of this provision shall be deemed confidential information owned exclusively by Peraton. (b) Operating License. Subsequent to Acceptance and payment of all amounts due to Peraton by Customer, Customer shall upon Acceptance be granted a paid-up, perpetual, non-exclusive, not transferable operating license in object code form to install, store, load, execute and display (collectively, “Use”) the Peraton Software on the Equipment located at the Customer’s Operations Center in support of Customer’s local area emergency dispatch service. Customer may make one (1) archival copy for back-up purposes. Peraton reserves all rights not expressly granted. This license is for Customer’s internal use on the configuration of Equipment specified in the contract under which the software was installed by Peraton. Use by or for the benefit of any third party or on any other configuration of equipment (including upgrades to Equipment or October 7, 2024 Council Packet Page 142

Peraton First Responder General Provisions Page 4 of 14 Rev (2.2024)
components thereof, such as upgrading to a higher performance processor) shall require written authorization and payment of additional license fees. This license is for operations use only and does not authorize Customer to make any alterations, adaptations, translations or derivative works. Customer shall execute any standard licensing agreement(s) necessary for any third-party software subject to the above Peraton Quote.
(c) Confidentiality. Customer shall not allow any person, company, governmental agency, consulting firm or any other entity to have access to the software provided hereunder, other than employees of Customer who have a need to have access to such software in order for Customer to utilize such software for the purposes set forth herein. Should Customer allow such access without the express written consent of Peraton then Peraton may terminate Customer’s license granted under this Agreement. Disclosure of such proprietary information will cause irreparable injury for which monetary damages will not be a sufficient remedy. Accordingly, in addition to other remedies available at law or in equity, Peraton shall be entitled to temporary or permanent injunctive relief, without the necessity of proving actual damages, to enforce the provisions of this Agreement.

Article 13: Call Priority Definitions:

Peraton has the sole discretion to determine the call priority level of any problem or defect consistent with the priority descriptions set forth in this Article 13. Peraton shall prioritize the problem reported based on the information reported by the Customer and a determination of the severity of the problem, consistent with the framework set forth below.

Priority Definition
1 – Critical  Major functions non-operational.
 Prevents or adversely affects the accomplishment of an essential Production capability or critical requirement with no known acceptable (practical, realistic, sensible) workaround solution.
2 – High  Adversely affects the accomplishment of an essential Production capability with a known acceptable (practical, realistic, sensible) workaround solution.  Adversely affects the accomplishment of a non-essential Production capability with no known acceptable (practical, realistic, sensible) workaround solution.
 System wide Outage/performance
o Software anomaly requires a CAD client restart.
3 – Medium  Adversely affects the accomplishment of a non-essential Production capability with a known acceptable (practical, realistic, sensible) workaround solution.
 Results in user/operator inconvenience without affecting an essential Production capability.
4 – Low  Minor Issue which does not adversely affect the accomplishment of any Production capability.
 Documentation.
 Request for Information.
 Any other issues.

Article 14: Response and Resolution Time for Call Priorities Peraton shall provide reasonable problem resolution or other technical support through a toll-free telephone support line to the Customer Support Group staffed with technical personnel from 5:30 a.m. through 5:30 p.m. (Pacific Time), Monday through Friday, excluding Peraton holidays; 800.421.7773. The Customer Support Group can also be contacted by email at [email protected].

October 7, 2024 Council Packet Page 143

Peraton First Responder General Provisions Page 5 of 14 Rev (2.2024)
In addition to the normal Customer Support Group hours, the Customer can report emergencies twentyfour hours a day, seven days a week to 800.421.7773. Once reported, problems are logged into Peraton’s problem tracking system and the Customer is given a tracking number.

Priority 1 - Critical
Response time of 30 minutes; worked continuously until resolved (Defects and non-Defects).

Prevents or adversely affects the accomplishment of an essential Production capability or critical requirement with no known acceptable (practical, realistic, sensible) workaround solution.

Priority 2 - High
Response time of 60 minutes; worked continuously until resolved (Defects only).

Adversely affects the accomplishment of an essential Production capability with a known acceptable (practical, realistic, sensible) workaround solution.

Priority 3 - Medium
One business day response, no guaranteed resolution (Defects only).

Adversely affects the accomplishment of a nonessential Production capability with a known acceptable (practical, realistic, sensible) workaround solution.

Priority 4 - Low
One business day response, no guaranteed resolution (Defects only).

Minor Issue which does not adversely affect the accomplishment of any Production capability.

Peraton reserves all rights to update and provide corrected documentation. Peraton is under no obligation to correct all software defects.

Article 15: Data Security and Privacy
(a) If granted access to Customer’s network, Peraton’s personnel, including Peraton’s subcontractors, shall comply with applicable Customer policies regarding network access. Prior to receiving any such access, Peraton, and any applicable subcontractors, shall be required to sign and abide by Customer’s acceptable use policy. Peraton’s employees will identify themselves as employees of Peraton. Under no circumstances will Peraton’s employees represent themselves as employees of Customer and under no circumstances will Peraton represent that its personnel are employees of Customer. (b) Peraton will implement and maintain privacy and security measures and data protection processes and systems sufficient to adequately protect Customer-provided information, data, services, and products consistent with best industry practices and in accordance with the terms of this Agreement. (c) Peraton shall only collect, store, transfer, share, view, access or otherwise process data and access Customer information systems to the extent and manner necessary to provide the services, software, or products, in accordance with this Agreement. Any access to or use of Customer’s information systems or processing of Customer’s data by or on behalf of Peraton for any other purpose shall be deemed a breach of this Agreement by Peraton. Peraton shall not sell, rent, transfer, distribute, disclose, copy, alter, or remove Customer data, information system, or product unless authorized in writing by Customer. Peraton shall ensure all processing of data and provisioning of services and products complies with all applicable laws and regulations. If Peraton cannot process the data or provide services or products in accordance with such applicable laws and this Agreement, then Peraton shall immediately notify Customer in writing. (d) Peraton will implement and maintain a comprehensive information security program with information security industry standard safeguards, such as ISO 27001/27002, in place to define roles and responsibilities, protect Customer data against a security breach, and to provide services or products which comply with the contractual obligations set out in this Agreement. (e) As used in this Section, “Compromise” means that any information provided by Customer has been exposed to unauthorized access, inadvertent disclosure, known misuse, loss, destruction, or alteration other than as required to perform this Agreement. If Peraton becomes aware of any Compromise of information provided by Customer to Peraton, its officers, employees, agents, suppliers, or subcontractors, including but not limited to a security breach, inquiry, product security vulnerability, or non-compliance (an October 7, 2024 Council Packet Page 144

Peraton First Responder General Provisions Page 6 of 14 Rev (2.2024)
“Incident”), Peraton will take appropriate immediate actions to investigate and contain the Incident and any associated risks, and promptly notifythe Customer. Notification shall be made to the Peraton Cybersecurity via (a) email at Cybersecurity [email protected] and (b) telephonically to 1-855-675-2265.

Peraton shall use commercially reasonable efforts to provide Customer with notification within 12 hours after Peraton becomes aware of a security breach.
(f) Customer shall cooperation with Peraton in any investigation it may conduct regarding the nature and scope of any Incident.
(g) All data transmitted by Peraton over any unsecure network or wirelessly (including but not limited to email, instant messaging and web traffic), stored on portable devices, removable media and in transit between Customer’s facilities must be encrypted. All Peraton data stored on Information Systems must be encrypted at rest.
(h) Customer shall maintain a disaster recovery plan for restoring its current and offsite data files processed pursuant to this Agreement. Supplier will be responsible for weekly backups and preservation of any data processed on behalf of Peraton. All backup copies of data shall be treated as confidential.

Article 16: Independent Contractor Relationship
Peraton’s relationship to Customer shall be that of an independent contractor and this Agreement does not create an agency, partnership, or joint venture relationship between Peraton and Customer or Peraton and Customer personnel. Personnel supplied by Peraton hereunder shall be deemed employees of Peraton and shall not for any purposes be considered employees or agents of Customer. Peraton assumes full responsibility for the actions and supervision of such personnel while performing services under this Agreement.

Article 17: Release of Information
Except as required by law, no public release of any information, or confirmation or denial of same, with respect to this Agreement or the subject matter hereof, will be made by Customer without the prior written approval of Peraton. Customer shall not use any trademark or logo owned by Peraton, in whatever shape or form, without the prior written consent of Peraton.

Article 18: International Trade Compliance
(a) Both Parties agree to comply and will ensure that all personnel performing under this Agreement comply with all applicable U.S. export, import, re-export control, and trade-related laws and regulations, specifically including, but not limited to, the requirements of the Arms Export Control Act, 22 U.S.C. 2751-2794, including the International Traffic in Arms Regulation (ITAR), 22 C.F.R. 120 et seq.; and the Export Administration Act, 50 U.S.C. app. 2401-2420, including the Export Administration Regulations (EAR), 15 C.F.R. 730-774; including the requirement for obtaining any export license or agreement, if applicable; as well as the Foreign Trade Regulations (FTR) and the Office of Foreign Assets Control (OFAC) regulations.

Peraton will advise Customer of the export control classification/jurisdiction concerning any commodities, software or technology that they provide. Peraton warrants that: (i) if necessary and upon Customer’s request, it will provide Customer with technical specifications concerning commodities, software, technology or services covered by this Agreement sufficient for Customer to determine the appropriate export and import classification of such items under applicable regulations.

Customer is responsible for obtaining their own export authorizations (license, exemption, exception), unless notified otherwise by Peraton. Customer agrees to comply with all export authorization restrictions/provisos and not to exceed the scope of the authorization.

October 7, 2024 Council Packet Page 145

Peraton First Responder General Provisions Page 7 of 14 Rev (2.2024)
(a) Peraton agrees to notify Customer if any deliverable under this Agreement is restricted by export control laws or regulations, including without limitation the involvement of any denied or debarred parties under OFAC, licensing requirements under the ITAR or EAR, and technology export controls. (b) Customer will not export, re-export or permit the re-export of any items or related technology in violation of any such law or regulation with regard to an ultimate destination of a restricted and/or embargoed country listed by the U.S. Department of State, Department of Commerce or the Department of Treasury and/or individuals on the Directorate of Defense Trade Controls’ Debarred List and Nonproliferation Sanctions list; Bureau of Industry and Security’s Denied Persons List, Entity List and Unverified List; and the Office of Foreign Assets Control’s Specially Designated Nationals List or any other U.S. government list. (c) All reports, correspondence, drawings, notices, marking, and other communications shall be in the English language. The English version of the Agreement shall prevail. Unless otherwise provided in writing all documentation and work shall employ the units of United States Standard weights and measures.

Article 19: Applicable Law and Disputes
(a) Any disputes under this Agreement that are not disposed of by mutual agreement of the Parties may be decided by recourse as an action at law or equity.
(b) This Agreement and any matter arising out of or related to this Agreement shall be construed and governed in accordance with the laws of the Commonwealth of Virginia, excluding its choice of law statutes.

The Parties specifically disclaim application to this Agreement of the United Nations Convention on Contracts for the International Sale of Goods.
(c) Jurisdiction and venue for any suit between the Parties arising out of or connected with this Agreement, or the goods and services furnished hereunder, shall be in the US District Court for the Eastern District of Virginia or, if no federal jurisdiction, the state courts of Fairfax County, Virginia. (d) Customer consents to personal jurisdiction in the Commonwealth of Virginia and any litigation under this Agreement, if commenced by Customer, must be brought exclusively in a Court of competent jurisdiction in Fairfax County, Virginia, without regard to conflicts of law principles. THE PARTIES HEREBY MUTUALLY AGREE TO WAIVE THEIR RESPECTIVE RIGHTS TO TRIAL BY JURY. The rights and remedies herein reserved to Peraton shall be cumulative and additional to any other or further rights and remedies provided in law or equity.

Article 20: Compliance with Laws
In addition, Peraton, in the performance of this Agreement, agrees to the following:
(a) Performance: To perform its obligations in compliance with and in support of all applicable local, state, and federal laws, orders, rules, regulations, declarations, and ordinances including, but not limited to, its obligations under laws relating to: income tax withholding and reporting; civil rights; equal employment opportunity, including ensuring nondiscrimination on the basis of age, sex, race, color, religion, disability, national origin, genetic information or veteran status; affirmative action, including developing a written affirmative action program if it meets regulatory size and contract value thresholds defined at 41 CFR 60- 2; overtime; minimum wage; social security contribution and withholding; unemployment insurance; employer’s liability insurance; worker’s compensation; veteran’s rights; and all other employment, labor, or benefits related laws.
(1) In the event the performance of this Agreement requires licenses, permits, or prior approval from any government body, Customer shall procure all licenses or permits, and pay all fees, and other required charges, and shall comply with of all applicable guidelines and directives of any local, state, and/or federal governmental authority. Customer warrants that in all countries in which it does business, its operations and shipments comply with all applicable laws and regulations regarding security.

October 7, 2024 Council Packet Page 146

Peraton First Responder General Provisions Page 8 of 14 Rev (2.2024)
Customer further represents that it will cooperate with Peraton in taking any actions that Peraton reasonably believes are necessary to comply with the regulatory obligations impacting this Agreement. (2) If: (i) Peraton’s contract price, cost or fee is reduced; (ii) any fines, penalties, or interest are assessed on Peraton; or (iii) Peraton incurs any other costs or damages; as a result of any violation of applicable laws, orders, rules, regulations, or ordinances by Customer, its officers, employees, agents, suppliers, or subcontractors at any tier, Peraton may proceed as provided for in (4) below. (3) Upon the occurrence of any of the circumstances identified in paragraph (2) above, Peraton may request an equitable adjustment (in whole or in part) in the price, cost or fee of this Agreement or any other contract with Customer, and/or may demand payment (in whole or in part) of the corresponding amounts. Customer shall promptly pay amounts so demanded. Such sums shall not be considered allowable costs under any provision of this Agreement. In the case of withholding(s), Peraton may withhold the same amount from Customer under this Agreement. (b) Anti-Corruption: Customer shall comply with applicable laws and regulations relating to anti-corruption, including, without limitation, (i) the United States Foreign Corrupt Practices Act (FCPA) (15 U.S.C. §§78dd1, et. seq.) irrespective of the place of performance, (ii) the U.K. Bribery Act and other analogous anticorruption legislation in other jurisdictions in which Supplier conducts business or which otherwise apply to Supplier, and (iii) the laws and regulations implementing the Organization for Economic Cooperation and Development’s Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, the U.N. Convention Against Corruption, and the Inter-American Convention Against Corruption in Supplier’s country or any country where performance of this Agreement will occur.

In carrying out its responsibilities under this Agreement – (1) Customer represents that it has not paid, offered, promised to pay or authorized and will not pay, offer, promise to pay, or authorize the payment directly or indirectly of any monies or anything of value to (i) any person or firm employed by or acting for on behalf of any customer, whether private or governmental, or (ii) any government official or employee or any political party or candidate for political office for the purpose of influencing any act or decision or inducing or rewarding any action by the customer in any commercial transaction or in any governmental matter or securing any improper advantage to assist Peraton or Customer in obtaining or retaining business or directing business to any person.
(2) No owner, partner, officer, director or employee of Customer or of any parent or subsidiary company of Customer is or will become an official or employee of the government or of an agency or instrumentality of a government or a candidate for political office or a political party official during the term of this Agreement, unless such person obtains the prior written approval of Peraton. (3) Customer has not made and will not make, either directly or indirectly, any improper payments. (4) Customer has not made and will not make any facilitating payment (as that term is defined in the FCPA) without the prior written approval of Peraton.

Article 21: Termination
(a)Termination for Cause. If Peraton should persistently or repeatedly refuse or should fail, except in cases for which extension of time is provided, to provide enough properly skilled workers or proper materials, or persistently disregard laws and ordinances, or not proceed with work or otherwise be guilty of, a substantial violation of any provision of this Agreement, Customer shall give Peraton ninety (90) calendar days written notice. Upon receipt of such termination notice, Peraton shall be allowed ninety (90) calendar days to cure such deficiencies.

October 7, 2024 Council Packet Page 147

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(b) Termination for Convenience. The work may be terminated, in whole or in part, by both Parties at its sole discretion upon written notice, whenever, for any reason, Parties shall determine that such termination is in its best interests. Such notice to be effective must be in writing and tendered to either Party at least ninety (90) days prior to the effective date of termination specified therein, during which period Peraton will endeavor to mitigate and minimize costs relating to and/or rising from the termination.

Upon receipt of such written notice of termination, Peraton shall within ninety (90) days after the date of termination, submit an invoice for all work performed prior to the effective date of termination and all costs incurred by Peraton (plus a reasonable profit) relating to and/or arising from the work or its termination.

Such costs shall include but not limited to: prepaid travel and or travel change charges, restocking fees and termination and settlement of subcontract and subcontract claims and personnel costs relating to employees assigned to the terminated work who are awaiting reassignment for a period not to exceed thirty dates from the effective date of termination. Customer shall pay such invoice within thirty (30) days of receipt.

Article 22: Intellectual Property
Peraton warrants that the Work performed or delivered under this Agreement will not infringe or otherwise violate the intellectual property rights of any third party in the United States or any foreign country. Peraton agrees to defend, indemnify, and hold harmless Customer and its customers from and against any claims, damages, losses, costs, and expenses, including reasonable attorney’s fees, arising out of any action by a third party that is based upon a claim that the Work performed or delivered under this Agreement infringes or otherwise violates the intellectual property rights of any person or entity.

Article 23: Warranties; Remedies
(a)Warranties. Unless specified to the contrary in the Scope of Work, for a period commencing on the date of successful completion of the Work, or acceptance by beneficial use, whichever occurs first, and thirty (30) days thereafter, PERATON warrants that (i) the software provided by it under this Agreement shall perform in accordance with the Quote; and (ii) the services performed by it under this Agreement shall be performed in accordance with the ordinary skill and care which would be reasonably executed by those who are knowledgeable, trained and experienced in rendering the services required at the time such services are performed. The warranty and maintenance for equipment shall be in accordance with the provisions received from the supplier. No such performance warranties are applicable to Time and Materials quotes.

THESE WARRANTIES ARE IN LIEU OF AND EXCLUDE ALL OTHER WARRANTIES OF ANY KIND,

EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF

MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY ARISING OUT OF COURSE OF DEALING, OR CUSTOM OR USAGE OF TRADE.

THIS WARRANTY DOES NOT APPLY IF THE HARDWARE AND/OR SOFTWARE DELIVERED HEREUNDER (A) HAS BEEN ALTERED OR MODIFIED, EXCEPT BY SELLER; (B) HAS NOT BEEN

INSTALLED, OPERATED, REPAIRED, OR MAINTAINED IN ACCORDANCE WITH INSTRUCTIONS PROVIDED BY SELLER; (C) HAS BEEN SUBJECTED TO ABNORMAL PHYSICAL OR ELECTRICAL STRESS, MISUSE, NEGLIGENCE, OR ACCIDENT; OR (D) IS USED IN ULTRA-HAZARDOUS ACTIVITIES.
(b) Remedies. (1) If, during the warranty period specified in Section a., above, Customer (a) discovers that the equipment provided by PERATON under this Agreement is not in accordance with the express warranty set forth in Section a., and (b) notifies PERATON in writing, of such, then PERATON shall, without charge to Customer and on behalf of Customer, be responsible for the enforcement of, or will perform without charge, the applicable obligations which the supplier of such equipment may have with respect to repairing or replacing such equipment to the extent necessary to correct such defects.

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(2) If, during the warranty period specified in Section a., above, Customer (a) discovers reproducible defects in the software provided by PERATON under this Agreement, such that the software will not perform in accordance with the express warranty set forth in Section a., and (b) notifies PERATON, in writing, of such defects, then PERATON shall, without charge to Customer, correct such defects. (3) If, during the warranty period specified in Section a., Customer (a) discovers that the services performed by PERATON under this Agreement had not been performed in accordance with the express warranty set forth in Section (a)., and (b) notifies PERATON in writing of such faulty services, then PERATON shall, without charge to Customer, re-perform such services to the extent necessary to correct the fault therein.
(4) Every claim that PERATON’s goods or services are faulty shall be deemed waived unless such claim is made in writing during the warranty period specified in a. above. (5) THE REMEDIES SET FORTH IN THIS SECTION B. ARE IN LIEU OF AND EXCLUDE ALL OTHER

REMEDIES AVAILABLE TO THE CUSTOMER RELATING TO WARRANTIES FOR PRODUCTS AND SERVICES PROVIDED UNDER THIS AGREEMENT.

Article 24: Limitation of Liability and Indemnification (a) LIMITATION OF LIABILITY: EXCEPT WITH RESPECT TO EACH PARTY’S OBLIGATIONS OF

INDEMNIFICATION, INTELLECTUAL PROPERTY INFRINGEMENT AND NON-DISCLOSURE OF

PROPRETARY INFORMATION HEREUNDER, IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE

OTHER PARTY FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING BUT

NOT LIMITED TO LOSS OF PROFITS) ARISING OUT OF ANY PERFORMANCE OF THIS AGREEMENT

OR IN FURTHERANCE OF THE PROVISIONS OR OBJECTIVES OF THIS AGREEMENT, REGARDLESS

OF WHETHER SUCH DAMAGES ARE BASED ON TORT, WARRANTY, STRICT LIABILITY, CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

PERATON’S CUMULATIVE LIABILITY TO SUPPLIER WITH RESPECT TO ANY CLAIMS, DEMANDS,

SUITS OR PROCEEDINGS ARISING OUT OF OR RELATED TO THIS AGREEMENT, REGARDLESS

OF THEORY OF LAW, SHALL NOT EXCEED THE TOTAL VALUE OF THE ORDER, OR ORDERS THAT GIVE RISE TO THE CLAIM OR DEMAND.
(b) Indemnification. Subject to the terms of this Article, each Party hereto (in such capacity, the “Indemnitor”) shall indemnify, defend and hold harmless the other Party (in such capacity, the “Indemnitee”) from and against any and all claims, demands, suits, judgments, settlements, damages or other losses (including reasonable attorneys’ fees and costs of suit) incurred by the Indemnitee (i) as a result of damage to property or injury to person (including death) arising from the negligence or willful misconduct of the Indemnitor, its employees, representatives or agents in the performance of this Agreement; (ii) in connection with a third party claim against the Indemnitee arising as a consequence of the breach by the Indemnitor, its employees, representatives or agents, of any representation warranty or covenant given by the Indemnitor under this Agreement; and (iii) for a violation of applicable laws, regulations or government order. The Indemnitor’s obligation to indemnify the Indemnitee hereunder is conditioned on the Indemnitee: (1) giving the Indemnitor prompt written notice of any claim for which indemnification will be sought, (2) allowing the Indemnitor to assume exclusively the control of the defense and settlement of such claim (it being understood that the Indemnitee shall have the right, at its sole cost, to participate in but not control the defense of such claim, with counsel of its own choosing), and (3) cooperating reasonably with the Indemnitor in the defense and settlement of a claim assumed by the Indemnitor hereunder, at the Indemnitor’s cost.

Article 25: Nondisclosure of Proprietary Information
(a) Definitions. For purposes of this clause, “Proprietary Information” means confidential, proprietary or nonpublic information or materials owned or controlled by a Party, including by way of example and not limitation, inventions (whether or not patentable or reduced to practice), trade secrets, techniques, processes, procedures, test criteria, concepts and designs (including without limitation sketches, drawings October 7, 2024 Council Packet Page 149

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and models), know-how, algorithms and models, computer software (whether in source or object code form) and documentation related thereto, research, experimental and development work and results therefrom, design details and specifications, technical data, customer information, and business or financial information, including without limitation information related to future business plans, customer solicitations, and initiatives, sources of material and supply and other sensitive business information. Subject to the conditions set forth in the immediately following paragraph, Proprietary Information of a Party (in such capacity, the “Discloser”) disclosed or made available to or otherwise accessed by the other Party (the “Recipient”) pursuant to the discussions contemplated hereunder shall be considered “Proprietary Information” and subject to the terms and conditions of this Agreement regardless of how disclosed or by what medium or means, including without limitation disclosures effected in writing, by delivery of items, by initiation of access, including, by way of example, in an electronic data repository, or by oral and/or visual presentation.

In order to be deemed Proprietary Information under this Agreement, information or materials comprising or containing a Discloser’s Proprietary Information must be conspicuously marked with the Discloser’s restrictive legend at the time of disclosure, provided that nothing in the foregoing shall be deemed to render such information or materials non-proprietary if disclosed in non-written form, where the Discloser identifies to the Recipient that such information or material is proprietary at the time of initial disclosure, and, within 14 days thereafter, the Discloser provides the Recipient with written confirmation of the Proprietary Information so disclosed.

Notwithstanding the above, Proprietary Information shall not include any information, data, or materials that:
(1) are received by or made available to Recipient without restriction from another source, where such source has not breached any duty of confidentiality to Discloser; or (2) are or become generally available to the public other than by Recipient’s breach of this Agreement; or
(3) were already known to the Recipient prior to disclosure of the Proprietary Information without obligation of confidentiality, as can be substantiated by written documentation; or (4) are independently developed by the Recipient without use of, or access or reference to Discloser’s Proprietary Information, as can be substantiated by written documentation. “Confidential Information” means any information or data disclosed that (i) is marked at the time of disclosure as proprietary or confidential, (ii) is concerning or related to Peraton’s or Customer’s products (including the discovery, invention, research, improvement, plans, roadmaps, development, manufacture, or sale thereof), processes, or general business operations (including sales costs, profits, pricing methods, organization, and employee lists), and any information obtained through access to any Peraton Information Systems, Peraton or Customer technical data, Peraton or Customer’s customers, the Agreement, any and all pricing information whether or not in the Agreement, (iii) is or concerns any Customer provided information; or (iv) if orally disclosed, is identified at the time of disclosure as proprietary or confidential and is described as such in a written summary delivered to the Supplier within thirty (30) days of disclosure. (b) Except as expressly provided herein, the Recipient agrees not to use, disclose or otherwise disseminate any Proprietary or Confidential Information of the other Party (“Discloser”). Recipient shall use the same care and discretion in securing and safeguarding the Proprietary or Confidential Information of Discloser as it uses to secure and safeguard its own Proprietary Information, but in no event less than reasonable care.

The Recipient also agrees to implement appropriate physical and/or electronic controls to secure Discloser’s Proprietary or Confidential Information, to avoid unauthorized or inadvertent disclosure.

Recipient further agrees to segregate Discloser’s Proprietary Information from its own materials and the material of others, and not to combine or otherwise aggregate, in whole or in part, Discloser’s Proprietary or Confidential Information with the information or materials of Recipient or other Persons. Recipient shall October 7, 2024 Council Packet Page 150

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not remove, delete, alter or obscure any proprietary rights legend(s) included in Discloser’s Proprietary or Confidential Information.
(c) Recipient shall use Proprietary or Confidential Information only in connection with discussions, deliberations and analyses related to the purpose of this Agreement and for no other reason. (d) Recipient may, as reasonably necessary to fulfill the purpose of this Agreement, reproduce the Discloser’s Proprietary or Confidential Information. All copies or other reproductions of Proprietary or Confidential Information, in whole or in part shall be deemed Proprietary or Confidential Information of the applicable Discloser hereunder, and subject to the terms, conditions and restrictions of this Agreement. (e) Recipient may disclose Proprietary or Confidential Information to its employees, directors, officers, and agents who have a need to know and/or use such Proprietary Information in furtherance of the performance of this Agreement. Recipient shall, prior to any disclosure or delivery of Discloser’s Proprietary or Confidential Information pursuant to this subparagraph (e), obtain from each such person a written agreement binding such person to a duty of confidentiality with respect to such Proprietary or Confidential Information no less restrictive than that applying to Recipient hereunder. (f) Recipient shall not provide or disclose a Discloser’s Proprietary or Confidential Information to any other person, including for the avoidance of doubt, any affiliate of Recipient, without first (A) obtaining from Discloser consent to such disclosure, and (B) entering into or having in place a non-disclosure and confidentiality agreement with such person obligating such person to maintain the confidentiality of such Proprietary or Confidential Information.
(g) In the event the Discloser provides written authorization to the Recipient to disclose Proprietary or Confidential Information to the United States government in connection with the above-stated Purpose, the Receiver shall:
(1) Identify the Proprietary or Confidential Information as belonging to the Discloser, and (2) Mark the Proprietary or Confidential Information with appropriate restrictive legends as being subject to 18 U.S.C. Section 1905 (Trade Secrets Act), or other relevant laws, to protect the Discloser’s rights in the Proprietary Information.
(h) Recipient may disclose Proprietary or Confidential Information when required by law or directed by an authorized representative of the U.S. government acting within the scope of his or her authority. In such cases the Recipient shall, to the extent permitted by law or regulation: (i) give the Discloser prompt notice; and (ii) make a reasonable effort to obtain appropriate protection; and (iii) provide the Discloser with every available opportunity to challenge, appeal, or seek modification of such order; and (iv) shall identify the Discloser as the source of the Proprietary or Confidential Information; and (v) include all restrictive legends in any released Proprietary or Confidential Information. (i) Nothing in this Agreement shall be construed to prevent a Party from:
(1) Disclosing Proprietary or Confidential Information constituting trade secrets (as defined at 18 U.S.C. 1839 (De-fend Trade Secrets Act)) of the other, so long as such disclosure: (A) is made in confidence to a federal, state or local government official, either directly or indirectly, or to an attorney, and is solely for the purpose of reporting or investigating a suspected violation of law; or (B) is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal; or
(2) Lawfully reporting waste, fraud or abuse to a designated investigative or law enforcement representative of a federal department or agency authorized to receive such information.

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(j) Exclusions. The foregoing confidentiality obligations will not apply to Confidential Information that (a) is already known to the receiving party prior to disclosure by the disclosing party; (b) is or becomes a matter of public knowledge through no fault of the receiving party; (c) is rightfully received from a third party by the receiving party without a duty of confidentiality; (d) is independently developed by the receiving party; (e) is disclosed under operation of law; or (f) is disclosed by the receiving party with the prior written approval of the disclosing party.

Article 26: Insurance
Peraton, at their own expense, during the term of this Agreement and any Orders, including extensions the insurance outlined below.
(a) Commercial General Liability Insurance covering bodily injury and property damage arising out of premises, operations, completed operations and products of the Peraton with a limit of no less than $1,000,000 per occurrence/ $2,000,000 general aggregate. Coverage to include the following extensions:

Contractual Liability, Independent Contractor’s Liability, Premises Operations, Products/Completed Operations, Broad Form Property Damage. Policies shall be endorsed to name Customer, its directors, officers, and employees, where required by Peraton’s contract with its customer, as Additional Insureds. (b) Business Automobile Liability: To the extent that automobiles are used in performance of Peraton’s duties under this Agreement, Business Automobile Liability policies shall be for an amount of at least $2,000,000 combined single limit for bodily injury and property damage; $2,000,000 annual aggregate. (c) Workers’ Compensation Insurance as required by applicable Federal and State workers’ compensation and occupational disease statutes and Employer’s Liability Insurance with a limit no less than $1,000,000 per employee/accident/disease. Where applicable, Peraton shall provide evidence of United States Longshore & Harborworkers’ Act (USL&H) coverage for employees engaged in work on or near navigable waters of the United States.
(d) Professional Liability/Errors and Omissions policies for damages (including financial loss) caused by any acts, errors and omissions arising out of Peraton’s performance or failure to perform professional services: $1,000,000 per claim.
(e) Any other insurance that is required by Customer or determined to be required upon the review by Peraton, based on the Statement of Work or specifications of this Agreement. Such requirement will be communicated to Customer in writing.

Article 27: Recruitment of Team Member Employees
It is expressly agreed and understood by the Parties that, during the course of this Agreement, neither Party shall directly or indirectly solicit personnel of the other Party whom the other Party knows or should know are engaged in performance of this Agreement for the purpose of inducing them to join such other Party’s employ. The foregoing shall not prohibit either Party from having employment discussions with, or hiring, employees of the other Party who: 1) have terminated employment with the other Party of their own volition; 2) respond to or apply for positions offered through the normal process of general public advertisement; or 3) are hired as a result of the use of an independent employment agency (so long as the agency was not directed to solicit such person) not specifically directed to employees of the Parties.

Article 28: Waiver/Cumulative Remedies
Failure by either party to enforce any of the provisions of this Agreement or applicable law shall not constitute a waiver of the requirements of such provisions or law, or as a waiver of the right of a party thereafter to enforce such provision or law.

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Article 29: Equal Opportunity Employer
Peraton is an equal opportunity employer. Consequently, the Parties agree that, as applicable, they will abide by the requirements of 41 CFR 60-1.4(a), 41 CFR 60-300.5(a) and 41 CFR 60-741.5(a) and that these laws are incorporated herein by reference. These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities and prohibit discrimination against all individuals based on their race, color, religion, sex, sexual orientation, gender identity or national origin. These regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, protected veteran status or disability. The Parties also agree that, as applicable, they will abide by the requirements of Executive Order 13496 (29 CFR Part 471, Appendix A to Subpart A), relating to the notice of employee rights under federal labor laws.

Article 30: Severability
Each clause, paragraph and subparagraph of this Agreement is severable. If any part, term, or provision of this Agreement shall be held void, illegal, unenforceable, or in conflict with any law of a federal, state, or local government having jurisdiction over this Agreement, the validity of the remaining portions of provisions shall not be affected thereby. In the event that any part, term, or provision of this Agreement is held void, illegal, unenforceable, or in conflict with any law of the federal, state, or local government having jurisdiction over this Agreement, Peraton agrees to negotiate a replacement provision, construed to accomplish its originally intended effect that does not violate such law or regulation.

Article 31: Survival
Termination or expiration of this Agreement for any reason shall not release either Party from the liabilities or obligations set forth in said Agreement which remain to be performed or by their nature would be intended to be applicable following any such termination or expiration, including without limitation provisions relating to payment, funding, warranty, indemnification, intellectual property, confidentiality/non-disclosure, compliance with law, disputes, and compliance with applicable law, governing law, insurance, limitation of liability, security, and notices.

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CITY MANAGER’S/STAFF’S REPORT
COUNCIL MEETING DATE: October 7, 2024
__________________________________________________________________________ ITEM NO: E.

SUBJECT: Consideration of Resolution Approving and Authorizing the City Manager, or Designee to Execute an Agreement with the Fresno County Probation Department for a Police Officer Assignment to the Fresno County Probation and Parole Adult Compliance Team (ACT)
______________________________________________________________________________ BACKGROUND: The Selma Police Department has assigned a Police Officer to the Fresno County Probation and Parole Adult Compliance Team, (ACT). It is the function of this compliance team to ensure those individuals being released from a Correctional Detention Facility are monitored to ensure these individuals are in adherence to the terms of their Probation and or Parole release terms. The Selma Police Department has had a Police Officer assigned to this Team historically since 2017.

By dedicating a Police Officer to this compliance team over the last several years, the Selma Police Department has benefited greatly from this Agreement. On many occasions the Police Department has identified a wanted individual on Probation and or Parole and is assigned to the team for compliance. As resources are limited at times, we have been able to obtain assistance from the team with the apprehension of identified individuals in these instances.

Additionally, the Adult Compliance Team regularly conducts compliance of Probation and Parolees residing within our jurisdiction which aids in crime prevention and does not use additional resources form our normal operations.

DISCUSSION: With the increased early release of individuals from both County and State Correctional facilities, it will be paramount to ensure these individuals returning to our communities are monitored to ensure compliance and their future success. This Agreement would ensure the City of Selma Police Department has representation on this Adult Compliance Team to ensure the compliance of those individuals returning to Selma.

FISCAL IMPACT: As part of this Agreement the Fresno County Probation Department shall compensate the City of Selma Police Department for an amount equal to the cost of One (1) City of Selma Police Officer for assignment to the Adult Compliance Team, not to exceed the maximum amount payable under this Agreement of $189,938. With this, there is no anticipated negative fiscal impact forecasted.
______________________________________________________________________________ RECOMMENDATION: Approve Resolution Authorizing the City Manager, or his Designee to Execute an Agreement for City of Selma Police Department to Contract with the Fresno County Probation Department for a Police Officer Assignment to the Fresno County Probation and Parole Adult Compliance Team (ACT).
______________________________________________________________________________ October 7, 2024 Council Packet Page 154
____________/s/____________________ September 26, 2024_______________ Rudy Alcaraz Date
Chief of Police
____________/s/____________________ September 26, 2024_______________ Fernando Santillan Date
City Manager
Attachments:

1. Resolution Approving an Agreement between the City of Selma Police Department to assign a Police Officer to the Fresno County Adult Compliance Team.

2. Professional Services Agreement between the City of Selma and the County of Fresno October 7, 2024 Council Packet Page 155
RESOLUTION NO. 2024 – __R

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SELMA,

CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN

AGREEMENT WITH THE FRESNO COUNTY PROBATION DEPARTMENT FOR

A POLICE OFFICER ASSIGNMENT TO THE FRESNO COUNTY PROBATION

AND PAROLE ADULT COMPLIANCE TEAM (ACT)
WHEREAS, the City of Selma is authorizing the City Manager, or his Designee to execute an Agreement allowing the Selma Police Department to assign a Police Officer to the Fresno County Adult Compliance Team.

WHEREAS, the City of Selma will be compensated by the County of Fresno for assignment of a Police Officer and any necessary tools and or training to perform in the capacity of the Adult Compliance Team; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Selma as follows:

SECTION 1. The above recitals are true and correct and are incorporated herein by reference.

SECTION 2. The City Council hereby approves the Agreement attached as Exhibit A and incorporated herein by reference.

SECTION 3. The City Manager is hereby authorized to execute this Agreement for the assignment of a Police Officer to the Fresno County Adult Compliance Team and all necessary documents and make all necessary expenditures related to the same on behalf of the City.

SECTION 4. Severability. The provisions of this Resolution are severable and if any provision, clause, sentence, word, or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words, or parts thereof of the Resolution or their applicability to other persons or circumstances.

PASSED, APPROVED AND ADOPTED this 7
th day of October, 2024, by the
following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
(Signatures on following page)
October 7, 2024 Council Packet Page 156
_
Scott Robertson, Mayor
ATTEST:
__________________________
Reyna Rivera, City Clerk
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1 SERVICE AGREEMENT
This Service Agreement (“Agreement”) is dated ___________________ and is between City of Selma, a municipal corporation, whose address is 2055 Third Street Selma, CA 93662 (“Contractor”), and the County of Fresno, a political subdivision of the State of California (“County”).

Recitals
A. Under Assembly Bill 109, the Public Safety Realignment Act (AB 109), signed into law on April 5, 2011, the State of California has realigned responsibilities for probation, post release community supervision (PRCS), and mandatory supervised release of offenders. The State of California has provided funding to County for the purpose of implementing AB 109 services.

B. The County requires an additional layer of offender supervision to ensure offender accountability, surveillance, and supervision through mobile, intensive, and evidence-based practices leading to enhanced public safety and offender compliance. Subsequently, the AB 109 Implementation Plan of 2011, collectively referred to as the “AB 109 Plan,” includes formation of the Adult Compliance Team (ACT), to create a cooperative unit capable of addressing public safety concerns and issues facing local law enforcement in Fresno County. The ACT is comprised of representatives of the Fresno County Sheriff’s Department, the Fresno County District Attorney’s Office, the Fresno County Probation Department, and officers of the Clovis, Fresno, Kerman, Kingsburg, Reedley, Sanger, and Selma Police Departments.

C. The AB 109 Plan, including its updates, was developed by the Fresno County Community Corrections Partnership (CCP), and approved by the Fresno County Board of Supervisors. The AB 109 Plan was approved by the CCP on August 19, 2011 and approved by the Board on September 13, 2011.

D. The Contractor desires to continue to be a member of the ACT, and the County desires to maintain the Contractor as an ACT member, and to continue to implement AB 109 services.

The parties therefore agree as follows:
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2 Article 1
Contractor’s Services

1.1 Scope of Services. The Contractor shall perform all of the services provided in Exhibit A to this Agreement, titled “Scope of Services.”

1.2 Representation. The Contractor represents that it is qualified, ready, willing, and able to perform all of the services provided in this Agreement.

1.3 Compliance with Laws. The Contractor shall, at its own cost, comply with all applicable federal, state, and local laws and regulations in the performance of its obligations under this Agreement, including but not limited to workers compensation, labor, and confidentiality laws and regulations.

Article 2
County’s Responsibilities

2.1 The County shall compensate the Contractor for an amount equal to the cost of one (1) City of Selma Police Officer for assignment to the ACT, not to exceed the maximum amount payable under this Agreement of $189,938.

Article 3
Compensation, Invoices, and Payments

3.1 The County agrees to pay, and the Contractor agrees to receive, compensation for the performance of its services under this Agreement as described in this section.

3.2 Maximum Compensation. The maximum compensation payable to the Contractor for the first year of the term of this Agreement is One Hundred Eighty-Nine Thousand, Nine Hundred Thirty-Eight Dollars ($189,938) to participate as an ACT member and implement AB 109 services. In no event shall compensation paid for all services performed for the first year of the term of this Agreement exceed One Hundred Eighty-Nine Thousand, Nine Hundred ThirtyEight Dollars ($189,938). The Contractor acknowledges that the County is a local government entity, and does so with notice that the County’s powers are limited by the California Constitution and by State law, and with notice that the Contractor may receive compensation under this Agreement only for services performed according to the terms of this Agreement and October 7, 2024 Council Packet Page 159
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3 while this Agreement is in effect, and subject to the maximum amount payable under this section. The Contractor further acknowledges that County employees have no authority to pay the Contractor except as expressly provided in this Agreement.

3.3 Invoices. The Contractor shall electronically submit quarterly invoices through the County of Fresno Probation Department’s CCP SharePoint folder using the AB 109 invoice template provided by the Probation Department. A vacancy report showing the budgeted staff positions and vacancies must be submitted with each invoice. Invoices must be submitted on or after the following dates: October 1 and January 1, April 1, and July 1. Each invoice shall include a breakdown of expenses identified in the final approved budget of the CCP for use in executing the mission of ACT. The Contractor shall upload and provide supporting documentation in detail to permit tracing transactions from the invoices to the accounting records. Supporting documentation includes but is not limited to list of positions funded; documentation of staff hours (e.g. timesheets, time tracking reports, etc.) and receipt for purchases (e.g. supplies, equipment, travel, etc.). The Contractor shall submit each invoice within 30 days after the quarter in which the Contractor performs services and in any case within 60 days after the end of the term or termination of this Agreement.

3.4 Payment. The County shall pay each correctly completed and timely submitted invoice within 45 days after receipt. The County shall remit any payment to the Contractor’s address specified in the invoice.

3.5 Incidental Expenses. The Contractor is solely responsible for all of its costs and expenses that are not specified as payable by the County under this Agreement.

Article 4
Term of Agreement

4.1 Term. This Agreement is effective retroactive to July 1, 2024 and terminates on June 30, 2027, except as provided in section 4.2, “Extension,” or Article 6, “Termination and Suspension,” below.

4.2 Extension. The term of this Agreement may be extended for two (2) consecutive one-year terms. Each extension will take place automatically unless the Contractor provides October 7, 2024 Council Packet Page 160
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4 written notice of non-renewal or termination from the ACT according to the ACT Operating Agreement (Exhibit A). As outlined in Exhibit A, the Contractor’s written notice of non-renewal or termination from the ACT must be delivered to the Chairperson of the CCP Executive Committee and to all participating agencies. The termination will be effective 60 days after the date of delivery. The extension of this Agreement by the County is not a waiver or compromise of any default or breach of this Agreement by the Contractor existing at the time of the extension whether or not known to the County.

Article 5
Notices

5.1 Contact Information. The persons and their addresses having authority to give and receive notices provided for or permitted under this Agreement include the following:

For the County:

Chief Probation Officer
County of Fresno
3333 E. American Avenue, Building 701, Suite B
Fresno, CA 93725
For the Contractor:

Chief of Police
City of Selma
1935 E. Front Street
Selma, CA 93662

5.2 Change of Contact Information. Either party may change the information in section

5.1 by giving notice as provided in section 5.3.

5.3 Method of Delivery. Each notice between the County and the Contractor provided for or permitted under this Agreement must be in writing, state that it is a notice provided under this Agreement, and be delivered either by personal service, by first-class United States mail, by an overnight commercial courier service, by telephonic facsimile transmission, or by Portable Document Format (PDF) document attached to an email.
(A) A notice delivered by personal service is effective upon service to the recipient.

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5 (B) A notice delivered by first-class United States mail is effective three County business days after deposit in the United States mail, postage prepaid, addressed to the recipient.
(C) A notice delivered by an overnight commercial courier service is effective one County business day after deposit with the overnight commercial courier service, delivery fees prepaid, with delivery instructions given for next day delivery, addressed to the recipient.

5.4 Claims Presentation. For all claims arising from or related to this Agreement, nothing in this Agreement establishes, waives, or modifies any claims presentation requirements or procedures provided by law, including the Government Claims Act (Division 3.6 of Title 1 of the Government Code, beginning with section 810).

Article 6
Termination and Suspension

6.1 Termination for Non-Allocation of Funds. The terms of this Agreement are contingent on the approval of funds by the appropriating government agency. If sufficient funds are not allocated, then the County, upon at least 30 days’ advance written notice to the Contractor, may:
(A) Modify the services provided by the Contractor under this Agreement; or (B) Terminate this Agreement.

6.2 Termination for Breach.
(A) Upon determining that a breach (as defined in paragraph (C) below) has occurred, the County may give written notice of the breach to the Contractor. The written notice may suspend performance under this Agreement, and must provide at least 30 days for the Contractor to cure the breach.
(B) If the Contractor fails to cure the breach to the County’s satisfaction within the time stated in the written notice, the County may terminate this Agreement immediately. (C) For purposes of this section, a breach occurs when, in the determination of the County, the Contractor has:

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6 (1) Obtained or used funds illegally or improperly;
(2) Failed to comply with any part of this Agreement;
(3) Submitted a substantially incorrect or incomplete report to the County; or (4) Improperly performed any of its obligations under this Agreement.

6.3 Termination without Cause. In circumstances other than those set forth above, the County may terminate this Agreement by giving at least 30 days advance written notice to the Contractor.

6.4 No Penalty or Further Obligation. Any termination of this Agreement by the County under this Article 6 is without penalty to or further obligation of the County.

6.5 County’s Rights upon Termination. Upon termination for breach under this Article 6, the County may demand repayment by the Contractor of any monies disbursed to the Contractor under this Agreement that, in the County’s sole judgment, were not expended in compliance with this Agreement. The Contractor shall promptly refund all such monies upon demand. This section survives the termination of this Agreement.

Article 7
Independent Contractor

7.1 Status. In performing under this Agreement, the Contractor, including its officers, agents, employees, and volunteers, is at all times acting and performing as an independent contractor, in an independent capacity, and not as an officer, agent, servant, employee, joint venturer, partner, or associate of the County.

7.2 Verifying Performance. The County has no right to control, supervise, or direct the manner or method of the Contractor’s performance under this Agreement, but the County may verify that the Contractor is performing according to the terms of this Agreement.

7.3 Benefits. Because of its status as an independent contractor, the Contractor has no right to employment rights or benefits available to County employees. The Contractor is solely responsible for providing to its own employees all employee benefits required by law. The Contractor shall save the County harmless from all matters relating to the payment of October 7, 2024 Council Packet Page 163
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7 Contractor’s employees, including compliance with Social Security withholding and all related regulations.

7.4 Services to Others. The parties acknowledge that, during the term of this Agreement, the Contractor may provide services to others unrelated to the County.

Article 8
Indemnity and Defense

8.1 Indemnity. The Contractor shall indemnify and hold harmless and defend the County (including its officers, agents, employees, and volunteers) against all claims, demands, injuries, damages, costs, expenses (including attorney fees and costs), fines, penalties, and liabilities of any kind to the County, the Contractor, or any third party that arise from or relate to the performance or failure to perform by the Contractor (or any of its officers, agents, subcontractors, or employees) under this Agreement. The County may conduct or participate in its own defense without affecting the Contractor’s obligation to indemnify and hold harmless or defend the County.

The County shall indemnify and hold harmless and defend the Contractor (including its officers, agents, employees, and volunteers) against all claims, demands, injuries, damages, costs, expenses (including attorney fees and costs), fines, penalties, and liabilities of any kind to the County, the Contractor, or any third party that arise from or relate to the performance or failure to perform by the County (or any of its officers, agents, subcontractors, or employees) under this Agreement. The Contractor may conduct or participate in its own defense without affecting the County’s obligation to indemnify and hold harmless or defend the Contractor.

In the event of concurrent negligence on the part of County or any of its officers, agents, or employees, and Contractor or any of its officers, agents, or employees, the liability for any and all such claims, demands, and actions in law or equity for such losses, costs, expenses, and damages shall be apportioned under the State of California’s theory of comparative negligence, as presently established, or as may be modified hereafter.

8.2 Survival. This Article 8 survives the termination or expiration of this Agreement.

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8 Article 9
Insurance

9.1 The Contractor shall comply with all the insurance requirements in Exhibit C to this Agreement.

Article 10
Inspections, Audits, and Public Records

10.1 Inspection of Documents. The Contractor shall make available to the County, and the County may examine at any time during business hours and as often as the County deems necessary, all of the Contractor’s records and data with respect to the matters covered by this Agreement, excluding attorney-client privileged communications. The Contractor shall, upon request by the County, permit the County to audit and inspect all of such records and data to ensure the Contractor’s compliance with the terms of this Agreement.

10.2 State Audit Requirements. If the compensation to be paid by the County under this Agreement exceeds $10,000, the Contractor is subject to the examination and audit of the California State Auditor, as provided in Government Code section 8546.7, for a period of three years after final payment under this Agreement. This section survives the termination of this Agreement.

10.3 Public Records. The County is not limited in any manner with respect to its public disclosure of this Agreement or any record or data that the Contractor may provide to the County. The County’s public disclosure of this Agreement or any record or data that the Contractor may provide to the County may include but is not limited to the following:
(A) The County may voluntarily, or upon request by any member of the public or governmental agency, disclose this Agreement to the public or such governmental agency.
(B) The County may voluntarily, or upon request by any member of the public or governmental agency, disclose to the public or such governmental agency any record or data that the Contractor may provide to the County, unless such disclosure is prohibited by court order.

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9 (C) This Agreement, and any record or data that the Contractor may provide to the County, is subject to public disclosure under the Ralph M. Brown Act (California Government Code, Title 5, Division 2, Part 1, Chapter 9, beginning with section 54950). (D) This Agreement, and any record or data that the Contractor may provide to the County, is subject to public disclosure as a public record under the California Public Records Act (California Government Code, Title 1, Division 10, beginning with section 7920.000) (“CPRA”).
(E) This Agreement, and any record or data that the Contractor may provide to the County, is subject to public disclosure as information concerning the conduct of the people’s business of the State of California under California Constitution, Article 1, section 3, subdivision (b).
(F) Any marking of confidentiality or restricted access upon or otherwise made with respect to any record or data that the Contractor may provide to the County shall be disregarded and have no effect on the County’s right or duty to disclose to the public or governmental agency any such record or data.

10.4 Public Records Act Requests. If the County receives a written or oral request under the CPRA to publicly disclose any record that is in the Contractor’s possession or control, and which the County has a right, under any provision of this Agreement or applicable law, to possess or control, then the County may demand, in writing, that the Contractor deliver to the County, for purposes of public disclosure, the requested records that may be in the possession or control of the Contractor. Within five business days after the County’s demand, the Contractor shall (a) deliver to the County all of the requested records that are in the Contractor’s possession or control, together with a written statement that the Contractor, after conducting a diligent search, has produced all requested records that are in the Contractor’s possession or control, or (b) provide to the County a written statement that the Contractor, after conducting a diligent search, does not possess or control any of the requested records. The Contractor shall cooperate with the County with respect to any County demand for such records. If the Contractor wishes to assert that any specific record or data is exempt from disclosure under the October 7, 2024 Council Packet Page 166
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10 CPRA or other applicable law, it must deliver the record or data to the County and assert the exemption by citation to specific legal authority within the written statement that it provides to the County under this section. The Contractor’s assertion of any exemption from disclosure is not binding on the County, but the County will give at least 10 days’ advance written notice to the Contractor before disclosing any record subject to the Contractor’s assertion of exemption from disclosure. The Contractor shall indemnify the County for any court-ordered award of costs or attorney’s fees under the CPRA that results from the Contractor’s delay, claim of exemption, failure to produce any such records, or failure to cooperate with the County with respect to any County demand for any such records.

Article 11
Disclosure of Self-Dealing Transactions

11.1 Applicability. This Article 11 applies if the Contractor is operating as a corporation, or changes its status to operate as a corporation.

11.2 Duty to Disclose. If any member of the Contractor’s board of directors is party to a self-dealing transaction, he or she shall disclose the transaction by completing and signing a “Self-Dealing Transaction Disclosure Form” (Exhibit B to this Agreement) and submitting it to the County before commencing the transaction or immediately after.

11.3 Definition. “Self-dealing transaction” means a transaction to which the Contractor is a party and in which one or more of its directors, as an individual, has a material financial interest.

Article 12
General Terms

12.1 Modification. Except as provided in Article 6, “Termination and Suspension,” this Agreement may not be modified, and no waiver is effective, except by written agreement signed by both parties. The Contractor acknowledges that County employees have no authority to modify this Agreement except as expressly provided in this Agreement.

12.2 Non-Assignment. Neither party may assign its rights or delegate its obligations under this Agreement without the prior written consent of the other party.

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11 12.3 Governing Law. The laws of the State of California govern all matters arising from or related to this Agreement.

12.4 Jurisdiction and Venue. This Agreement is signed and performed in Fresno County, California. Contractor consents to California jurisdiction for actions arising from or related to this Agreement, and, subject to the Government Claims Act, all such actions must be brought and maintained in Fresno County.

12.5 Construction. The final form of this Agreement is the result of the parties’ combined efforts. If anything in this Agreement is found by a court of competent jurisdiction to be ambiguous, that ambiguity shall not be resolved by construing the terms of this Agreement against either party.

12.6 Days. Unless otherwise specified, “days” means calendar days.

12.7 Headings. The headings and section titles in this Agreement are for convenience only and are not part of this Agreement.

12.8 Severability. If anything in this Agreement is found by a court of competent jurisdiction to be unlawful or otherwise unenforceable, the balance of this Agreement remains in effect, and the parties shall make best efforts to replace the unlawful or unenforceable part of this Agreement with lawful and enforceable terms intended to accomplish the parties’ original intent.

12.9 Nondiscrimination. During the performance of this Agreement, the Contractor shall not unlawfully discriminate against any employee or applicant for employment, or recipient of services, because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, military status or veteran status pursuant to all applicable State of California and federal statutes and regulation.

12.10 No Waiver. Payment, waiver, or discharge by the County of any liability or obligation of the Contractor under this Agreement on any one or more occasions is not a waiver of performance of any continuing or other obligation of the Contractor and does not prohibit enforcement by the County of any obligation on any other occasion.

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12 12.11 Entire Agreement. This Agreement, including its exhibits, is the entire agreement between the Contractor and the County with respect to the subject matter of this Agreement, and it supersedes all previous negotiations, proposals, commitments, writings, advertisements, publications, and understandings of any nature unless those things are expressly included in this Agreement. If there is any inconsistency between the terms of this Agreement without its exhibits and the terms of the exhibits, then the inconsistency will be resolved by giving precedence first to the terms of this Agreement without its exhibits, and then to the terms of the exhibits.

12.12 No Third-Party Beneficiaries. This Agreement does not and is not intended to create any rights or obligations for any person or entity except for the parties.

12.13 Authorized Signature. The Contractor represents and warrants to the County that:
(A) The Contractor is duly authorized and empowered to sign and perform its obligations under this Agreement.
(B) The individual signing this Agreement on behalf of the Contractor is duly authorized to do so and his or her signature on this Agreement legally binds the Contractor to the terms of this Agreement.

12.14 Electronic Signatures. The parties agree that this Agreement may be executed by electronic signature as provided in this section.
(A) An “electronic signature” means any symbol or process intended by an individual signing this Agreement to represent their signature, including but not limited to (1) a digital signature; (2) a faxed version of an original handwritten signature; or (3) an electronically scanned and transmitted (for example by PDF document) version of an original handwritten signature.
(B) Each electronic signature affixed or attached to this Agreement (1) is deemed equivalent to a valid original handwritten signature of the person signing this Agreement for all purposes, including but not limited to evidentiary proof in any administrative or judicial proceeding, and (2) has the same force and effect as the valid original handwritten signature of that person.

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13 (C) The provisions of this section satisfy the requirements of Civil Code section 1633.5, subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part 2, Title 2.5, beginning with section 1633.1).
(D) Each party using a digital signature represents that it has undertaken and satisfied the requirements of Government Code section 16.5, subdivision (a), paragraphs (1) through (5), and agrees that each other party may rely upon that representation.
(E) This Agreement is not conditioned upon the parties conducting the transactions under it by electronic means and either party may sign this Agreement with an original handwritten signature.

12.15 Counterparts. This Agreement may be signed in counterparts, each of which is an original, and all of which together constitute this Agreement. [SIGNATURE PAGE FOLLOWS]
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14 The parties are signing this Agreement on the date stated in the introductory clause.

CITY OF SELMA
_________________________________
Rudy Alcaraz, Chief of Police
2055 Third Street
Selma, CA 93662

COUNTY OF FRESNO
_________________________________
Nathan Magsig, Chairman of the Board of
Supervisors of the County of Fresno
Attest:

Bernice E. Seidel
Clerk of the Board of Supervisors
County of Fresno, State of California
By: _______________________
Deputy
For accounting use only:

Org No.: 34300390
Account No.: 7295
Fund No.: 0001
Subclass No.: 10000
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AB 109
The Criminal Justice Realignment Act
Adult Compliance Team
(ACT)
August 2024

OPERATING AGREEMENT
Fresno County Probation Department
Fresno County Sheriff’s Department
Fresno County District Attorney's Office
Fresno Police Department
Clovis Police Department
Selma Police Department
Reedley Police Department
Kerman Police Department
Kingsburg Police Department
Sanger Police Department
Exhibit A - Scope of Work
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I. PURPOSE
This Operating Agreement (OA) replaces and supersedes the prior operating agreement, dated November 2022. After the date this OA is executed by all parties, the prior operating agreement shall be of no further force and effect. This document establishes the purpose of the Adult Compliance Team (ACT) as a joint and cooperative effort. Additionally, it formalizes relationships between participating agencies for policy and planning in order to create a cooperative unit capable of addressing the public safety concerns and issues facing local law enforcement in Fresno County regarding probation supervision, Post Release Community Supervision (PRCS), and Mandatory Supervision (MS) that may occur dueto the passage of the Criminal Justice Realignment Act (AB 109) effective October 1, 2011.

II. MISSION
The mission of ACT is to provide an additional layer of offender supervision to ensure offender accountability, surveillance, and supervision through mobile, intensive and evidencebased practices leading to enhanced public safety and offender compliance.

Ill. GOALS
A. To reduce the occurrence of new criminal acts by targeting offenders on probation, PRCS, and MS, with intensive surveillance by peace officers dedicated to enforcement of conditions ofrelease.

B. To identify supervised offenders who are not meeting their conditions of release in order to ensure compliance.

C. To mitigate the need for custodial sanctions through appropriate early interventions.

D. To document trends in the realignment population and respond efficiently to emerging trends that adversely affect public safety.

E. To gather, collect, and provide information and direction regarding the probation supervision, PRCS, MS and realignment populations for all law enforcement agencies in the County of Fresno and act as the point of contact for dissemination of offender information to law enforcement.

F. To respond rapidly to emergency situations with knowledge and information about the offenders.

G. To provide other public safety responses including searches as authorized by the terms of release and warrant services, as needed.

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IV.GENERAL OPERATIONAL STRATEGIES
Intensive supervision based on offender assessment, combined with evidence-based practices, forms the cornerstone of the County of Fresno AB 109 supervision model. This intensive approach is seen in the formation of ACT; an interagency public safety alliance with local law enforcement agencies and county justice partners that provides an additional level of offender accountability and public safety. The "strike team" concept is used to describe peace officers under ACT, dedicated to particular enforcement and public safety purposes, with an immediate capacity to take action in regard to offenders under probation supervision, PRCS, and MS by the Fresno County Probation Department.

To this end, the participating agencies developed these operational guidelines and procedures concerning the formation of the ACT. The participating agencies agree jointly and separately to abide by these terms and provisions set forth throughout the formation of the joint operation.

V. ORGANIZATIONAL STRUCTURE
The ACT will be co-located at theFresno County Probation Department. The Probation Department is the commanding agency of ACT and will maintain responsibility for the administrative direction, objective, and mission of the ACT.

The ACT will consist of sworn officers from the following agencies: two (2) deputy probation officers from the Fresno County Probation Department; one (1) sergeant and two (2) deputies from the Fresno County Sheriff’s Office; two (2) senior district attorney investigators from the Fresno County District Attorney’s Office; one (1) sergeant and two (2) police officers from the Fresno Police Department; one (1) police officer and one (1) crime specialist from the Clovis Police Department; one (1) police officer from the Selma Police Department; one (1) police officer from the Reedley Police Department; one (1) police officer from the Kerman Police Department; one (1) police officer from the Kingsburg Police Department; and one (1) police officer from the Sanger Police Department. Dependent upon future funding, the size of ACT may fluctuate according to the number of officers and agencies.

A. Policy and Direction
Under the policy and planning direction of the Community Corrections Partnership (CCP), ACT will utilize an Advisory Sub-Committee of CCP.

B. ACT Advisory Sub-Committee of the CCP
Each law enforcement agency that assigns personnel to ACT may designate a member to the ACT Advisory Sub-Committee of the CCP. All law enforcement agencies operating within Fresno County with an interest in ACT are welcome to attend the meetings of the ACT Advisory Sub-Committee.

Appointments to andremoval from theACTAdvisory Sub-Committee and appointment of a Sub-Committee Chairperson will be made by the CCP Executive Committee.

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C. Operations Commander
The Probation Assistant Deputy Chief is the Operations Commander and has overall responsibility for the operation of ACT. The Operations Commander implements direction to the team under the administrative direction of the Fresno County Probation Department's Realignment Division Deputy Chief. The Operations Commander will liaison with individual members of the ACT Advisory Sub-Committee and will attend meetings of the CCP as required.

D. Field Supervisor
The assigned Field Supervisor(s) will be the day-to-day operations supervisor(s) and responsible for overall coordination of tactical field operations. When ACT works as separate elements and both supervisors are working, each supervisor will be responsible for their assigned element. When only one supervisor is on duty, that supervisor will be responsible for the supervision of both elements.

E. Probation Department
All probation conditions and release compliance remain the responsibility of the AB 109 probation officer assigned to a specific offender. These conditions are predetermined before release from custody to probation, post release community supervision, or mandatory supervised release. The offenders will be under the supervision of their assigned probation officer or ACT probation officer.

VI. OPERATIONS
A. Supervision and Field Responsibility
The use of surveillance, supervision, and field contacts will be established in conjunction with Fresno County Probation Department policies and as established by the CCP Executive Committee, ACT Advisory Sub-Committee, and policies and procedures of general law enforcement accepted practices as established by statute and case law.

All ACT personnel will conform to their own agency’s policies and procedures as well as policies and procedures that may be required by participation in ACT.

B. Records and Reports
All reports created by ACT related to contacts with those offenders under probation supervision, PRCS, and MS will be entered into the Probation Records Information Management System (PRIMS).

All agencies participating on the ACT will have full access to Sharenet and the information in PRIMS. Information sharing with other law enforcement agencies regarding offenders under probation supervision, PRCS, and MS, allowing for appropriate law enforcement October 7, 2024 Council Packet Page 175
response is a priority for ACT.

Any additional crime, arrest, or incident report will be documented by the primary investigative officer through the use of their own departmental report writing system.

VII. ADMINISTRATION
A. Financial Administration
Financial administration of ACT funds allocated by the CCP Executive Committee will be the responsibility of the Fresno County Probation Department Business Office through the duration of the program. In addition, the allocation and management of funds are guidedbyCounty ofFresno Fiscal Policy andunderthe review quarterly of theCCPFinance and Audit Sub-Committee for presentation to the CCP.

B. Vehicles
As provided for in the approved CCP budget, vehicles will be provided for probation staff and for participating law enforcement officers for use in executingthe mission of ACT, as specified in the final approved budget of the CCP and the County of Fresno. Each agency shall provide vehicles, as well as insurance and maintenance costs for those vehicles, for their respective employees.

C. Communications
Each participating law enforcement agency will provide communications equipment for its own personnel through the duration of this OA. Each agency is responsible for its interagency communication operability. The policies and procedures of each agency will govern communication by its own personnel. The Fresno County Sheriff's Dispatch will be the primary contact for operations of ACT.

D. Firearms
Each participating agency will provide all necessary firearms for its own personnel through the duration of the OA. The policies and procedures of each agency will govern the use of firearms by its own personnel.

E. Equipment and Property
Any property, equipment or other items acquired with funds allocated by the CCP Executive Committee shall be the property of ACT through the duration of the OA. Upon termination of this OA or any revision, the property of ACT shall be distributed as determined by the CCP Executive Committee.

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F. Training
ACT Officers will complete training as assigned and approved by the ACT Advisory SubCommittee chairperson or their designee. Training for the team will be outlined during the fiscal year to reflect the needs of the team. The Probation Department’s Realignment Division Deputy Chief may also assign training to the ACT members as it pertains to the Evidence-Based Practices outlined by the AB 109program.

G. Personnel Management
The selection of ACT members will be made by each participating agency. If any of the ACT policies and procedures conflict with any of the participating agencies' policies and procedures, notice of the conflict shall be immediately given to a supervisor. The supervisor will take whatever action necessary to reconcile the conflict.

Each participating agency retains full responsibility for the professional and personal conduct of its own personnel assigned to ACT. Each participating agency will follow its agency directives/MOU for working modified schedules.

H. Technology and Software Use
All ACT members must adhere to the Fresno County Probation Department’s established protocols for using Probation computers, software, and other electronic devices or any other electronic device that accesses Probation data. This may involve adhering to data security measures, password requirements, and guidelines for installing or updating software.

VIII. MULTI-AGENCY ADMINISTRATIVE CONCERNS
All ACT personnel will conform to their own agencies' policies and procedures as well as policies and procedures that may be required by participation in ACT.

There are a number of categories of administrativeissues or situations pertaining to individual team members which will or may arise. Those include but are not limited to:

A. Citizen Complaints
B. Employee Evaluations
C. On-Duty Motor Vehicle Accidents
D. Injuries Sustained on Duty
E. Officer-InvolvedShooting
F. Discharge of Firearm
G. Vehicle Pursuits
H. Use of Force
Each participating team member's agency has in place an administrative process for addressing the situations listed above. If these situations occur, ACT will immediately notify the involved officer's agency. It will remain the responsibility of the involved October 7, 2024 Council Packet Page 177
officer's agency to address those situations pursuant to their ownadministrative process.

All agencies involved in a critical incident will have the opportunity to observe other agency interviews with their own employees.

IX. DURATION
This OA shall become effective upon execution and shall continue without change until amended in accordance with Section X, replaced and superseded by another operating agreement or terminated as discussed below.

Participation in ACT by any participating agency may continue as funding provides or until said agency terminates participation in ACT. An agency shall terminate participation in the following manner: delivery of written notice to the Chairperson of the CCP Executive Committee and to all other participation agencies, with termination to be effective 60 days after delivery.

As to each participating agency, this OA will be in force from the date that agency signs the agreement. Termination of the OA has been provided for above.

X. AMENDMENT
Any member of the ACT Advisory Sub-Committee may propose an amendment to this OA by submitting it at any regular meeting of the ACT Advisory Sub-Committee. The proposed amendment would be submitted to the Executive Committee of the Community Corrections Partnership for their consideration and approval.

XI. LIABILITY
Each participating agency will be solely responsible for any and all damages, including attorney’s fees, results from acts or omissions of its own employees or agents, including each ACT assigned employee. Each participating agency shall indemnify and hold harmless all other participating agencies for these acts or omissions. The provisions contained herein include any violation of applicable law, ordinance, regulation or rule, including where the claim, loss, damage, charge or expense was caused by deliberate, willful or criminal acts of any agency, or any of its agents, officers or employees in its or their performance thereunder.

It is the intent of the parties hereto that, where negligence is determined to have been contributory, principles of comparative negligence will be followed, and each party shall bear the proportionate cost of any loss, damage, expense, and liability attributable to that party’s negligence.

The participating agencies will establish procedures to notify the other agencies, where appropriate, of any claims, administrative actions or legal actions with respect to any of the matter described in this indemnification provision. The agencies shall cooperate in the October 7, 2024 Council Packet Page 178
defense of such actions brought by others with respect to the matters covered in this agreement. Nothing set forth in this OA shall establish a standard of care for, or create any legal rights in, any person not a party to this OA.

XII. NON-WAIVER
Waiver of any breach or default hereunder will not constitute a continuing waiver or a waiver of any subsequent breach, of either the same or another provision of this OA.

XIII. SEVERABILITY
If any term, covenant, or condition of this OA is held by a court of competent jurisdiction to be invalid, the remainder of this OA will remain in full force and effect.

XIV. AMBIGUITY
Theparticipating agencies have eachcarefully reviewed thisOA andhave agreed to each term of this OA. No ambiguity shall be presumed to be construed against any otherparty.

XV. GOVERNING LAW
The interpretation and enforcement of this OA will be governed by the laws of the State of California, and where applicable, by federal law. The participating agencies agree to submit any disputes arising under this OA to a court of competent jurisdiction located in Fresno, California.

XVI. INTEGRATION
The OA embodies the entire agreement of the participating agencies in relation to the formation and operation of ACT, except for "Program Costs." Except for that, there is no other agreement or understanding, verbal or otherwise, existing among the participating agencies.

This OA expressly replaces and supersedes the prior OA, dated November 2022, and that OA shall have no further force and effect.

October 7, 2024 Council Packet Page 179
9 October 7, 2024 Council Packet Page 180
GregGaer, Chief of Police
City of Sanger
Dated
10 October 7, 2024 Council Packet Page 181
Exhibit B
B-1
Self-Dealing Transaction Disclosure Form
In order to conduct business with the County of Fresno (“County”), members of a contractor’s board of directors (“County Contractor”), must disclose any self-dealing transactions that they are a party to while providing goods, performing services, or both for the County. A self-dealing transaction is defined below:
“A self-dealing transaction means a transaction to which the corporation is a party and in which one or more of its directors has a material financial interest.” The definition above will be used for purposes of completing this disclosure form.

Instructions
(1) Enter board member’s name, job title (if applicable), and date this disclosure is being made.
(2) Enter the board member’s company/agency name and address. (3) Describe in detail the nature of the self-dealing transaction that is being disclosed to the County. At a minimum, include a description of the following:
a. The name of the agency/company with which the corporation has the transaction; and
b. The nature of the material financial interest in the Corporation’s transaction that the board member has.
(4) Describe in detail why the self-dealing transaction is appropriate based on applicable provisions of the Corporations Code.

The form must be signed by the board member that is involved in the self-dealing transaction described in Sections (3) and (4).

October 7, 2024 Council Packet Page 182
Exhibit B
B-2
(1) Company Board Member Information:

Name: Date:

Job Title:
(2) Company/Agency Name and Address:
(3) Disclosure (Please describe the nature of the self-dealing transaction you are a party to)
(4) Explain why this self-dealing transaction is consistent with the requirements of Corporations Code § 5233 (a)
(5) Authorized Signature
Signature: Date:

October 7, 2024 Council Packet Page 183
Exhibit C
C-1
Insurance Requirements

1. Required Policies
Without limiting the County’s right to obtain indemnification from the Contractor or any third parties, Contractor, at its sole expense, shall maintain in full force and effect the following insurance policies throughout the term of this Agreement. (A) Commercial General Liability. Commercial general liability insurance with limits of not less than Two Million Dollars ($2,000,000) per occurrence and an annual aggregate of Four Million Dollars ($4,000,000). This policy must be issued on a per occurrence basis.

Coverage must include products, completed operations, property damage, bodily injury, personal injury, and advertising injury. The Contractor shall obtain an endorsement to this policy naming the County of Fresno, its officers, agents, employees, and volunteers, individually and collectively, as additional insureds, but only insofar as the operations under this Agreement are concerned. Such coverage for additional insureds will apply as primary insurance and any other insurance, or self-insurance, maintained by the County is excess only and not contributing with insurance provided under the Contractor’s policy.
(B) Automobile Liability. Automobile liability insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence for bodily injury and for property damages.

Coverage must include any auto used in connection with this Agreement. (C) Workers Compensation. Workers compensation insurance as required by the laws of the State of California with statutory limits.
(D) Employer’s Liability. Employer’s liability insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence for bodily injury and for disease. (E) Professional Liability. Professional liability insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence and an annual aggregate of Three Million Dollars ($3,000,000). If this is a claims-made policy, then (1) the retroactive date must be prior to the date on which services began under this Agreement; (2) the Contractor shall maintain the policy and provide to the County annual evidence of insurance for not less than five years after completion of services under this Agreement; and (3) if the policy is canceled or not renewed, and not replaced with another claims-made policy with a retroactive date prior to the date on which services begin under this Agreement, then the Contractor shall purchase extended reporting coverage on its claims-made policy for a minimum of five years after completion of services under this Agreement. (F) Molestation Liability. Sexual abuse / molestation liability insurance with limits of not less than Two Million Dollars ($2,000,000) per occurrence, with an annual aggregate of Four Million Dollars ($4,000,000). This policy must be issued on a per occurrence basis.

If the Contractor is a governmental entity, it may satisfy the policy requirements above through a program of self-insurance, including an insurance pooling arrangement or joint exercise of powers agreement.

October 7, 2024 Council Packet Page 184
Exhibit C
C-2

2. Additional Requirements
(A) Verification of Coverage. Within 30 days after the Contractor signs this Agreement, and at any time during the term of this Agreement as requested by the County’s Risk Manager or the County Administrative Office, the Contractor shall deliver, or cause its broker or producer to deliver, to the County Risk Manager, at 2220 Tulare Street, 16th Floor, Fresno, California 93721, or [email protected], and by mail or email to the person identified to receive notices under this Agreement, certificates of insurance and endorsements for all of the coverages required under this Agreement.
(i) Each insurance certificate must state that: (1) the insurance coverage has been obtained and is in full force; (2) the County, its officers, agents, employees, and volunteers are not responsible for any premiums on the policy; and (3) the Contractor has waived its right to recover from the County, its officers, agents, employees, and volunteers any amounts paid under any insurance policy required by this Agreement and that waiver does not invalidate the insurance policy.
(ii) The commercial general liability insurance certificate must also state, and include an endorsement, that the County of Fresno, its officers, agents, employees, and volunteers, individually and collectively, are additional insureds insofar as the operations under this Agreement are concerned. The commercial general liability insurance certificate must also state that the coverage shall apply as primary insurance and any other insurance, or self-insurance, maintained by the County shall be excess only and not contributing with insurance provided under the Contractor’s policy.
(iii) The automobile liability insurance certificate must state that the policy covers any auto used in connection with this Agreement.
(iv) The professional liability insurance certificate, if it is a claims-made policy, must also state the retroactive date of the policy, which must be prior to the date on which services began under this Agreement.

Acceptability of Insurers. All insurance policies required under this Agreement must be issued by admitted insurers licensed to do business in the State of California and possessing at all times during the term of this Agreement an A.M. Best, Inc. rating of no less than A: VII. (B) Notice of Cancellation or Change. For each insurance policy required under this Agreement, the Contractor shall provide to the County, or ensure that the policy requires the insurer to provide to the County, written notice of any cancellation or change in the policy as required in this paragraph. For cancellation of the policy for nonpayment of premium, the Contractor shall, or shall cause the insurer to, provide written notice to the County not less than 10 days in advance of cancellation. For cancellation of the policy for any other reason, and for any other change to the policy, the Contractor shall, or shall cause the insurer to, provide written notice to the County not less than 30 days in advance of cancellation or change. The County in its sole discretion may determine that the failure of the Contractor or its insurer to timely provide a written notice required by this paragraph is a breach of this Agreement.

October 7, 2024 Council Packet Page 185
Exhibit C
C-3
(C) County’s Entitlement to Greater Coverage. If the Contractor has or obtains insurance with broader coverage, higher limits, or both, than what is required under this Agreement, then the County requires and is entitled to the broader coverage, higher limits, or both. To that end, the Contractor shall deliver, or cause its broker or producer to deliver, to the County’s Risk Manager certificates of insurance and endorsements for all of the coverages that have such broader coverage, higher limits, or both, as required under this Agreement.
(D) Waiver of Subrogation. The Contractor waives any right to recover from the County, its officers, agents, employees, and volunteers any amounts paid under the policy of worker’s compensation insurance required by this Agreement. The Contractor is solely responsible to obtain any policy endorsement that may be necessary to accomplish that waiver, but the Contractor’s waiver of subrogation under this paragraph is effective whether or not the Contractor obtains such an endorsement. (E) County’s Remedy for Contractor’s Failure to Maintain. If the Contractor fails to keep in effect at all times any insurance coverage required under this Agreement, the County may, in addition to any other remedies it may have, suspend or terminate this Agreement upon the occurrence of that failure, or purchase such insurance coverage, and charge the cost of that coverage to the Contractor. The County may offset such charges against any amounts owed by the County to the Contractor under this Agreement.
(F) Subcontractors. The Contractor shall require and verify that all subcontractors used by the Contractor to provide services under this Agreement maintain insurance meeting all insurance requirements provided in this Agreement. This paragraph does not authorize the Contractor to provide services under this Agreement using subcontractors.

October 7, 2024 Council Packet Page 186
Budget Request Summary for AB 109 Funding FY 2024-25
Organization/Agency City of Selma
Program/Service Description Adult Compliance Team
Total Requested Budget FY 2024-25 $ 189,938
Title/Classification & number of positions
Number and type of positions funded (e.g., Correctional Officer (2)) Officer (1) October 7, 2024 Council Packet Page 187
Line Item Budget Request for AB 109 Funding
City of Selma
Adult Compliance Team
6000 SALARIES & BENEFITS
FY 2023-24
Allocation*
FY 2024-25
Funding Request
$
Change
%
Change Notes/Comments/Description**
6100 Regular Salaries 75,357 88,790 13,433 18% New ACT officer assigned to this program 6200 Extra Help - - - 0%
6270 Standby Pay - - - 0%
6300 Overtime 12,708 26,000 13,292 105% Overtime estimate based on prior years 6310 Holiday OT 2,824 5,169 2,345 83% Holiday OT estimate based on prior years 6350 Unemployment Insurance 451 467 16 4%
6400 Retirement Contribution 38,871 21,377 (17,494) -45% 6500 OASDI Contribution - - - 0%
6550 Workers Comp Contribution - - - 0%
6570 401(a) Matching Contribution - - - 0%
6600 Health Insurance Contribution 18,600 14,603 (3,997) -21% 6650 Life & Disability Insurance 228 206 (22) -10%
6670 Benefits Administration - - - 0%
Other (describe) 10,807 9,063 0% Medicare, FICA, Uniform Allowance, Cellphone Object Total $ 159,846 $ 165,675 $ 5,828 4%
7000 SERVICES and SUPPLIES
FY 2023-24
Allocation*
FY 2024-25
Funding Request
$
Change
%
Change Notes/Comments/Description**
7025 Clothing & Personal Supplies - - - 0%
7039 Mobile Communication 568 568 - 0% Cell phone
7040 Telephone Charges 2,030 2,030 - 0%
7055 Food - - - 0%
7070 Household Expense - - - 0%
7101 Liability Insurance - - - 0%
7175 Insurance - Other - - - 0%
7205 Maintenance - Equipment 2,500 2,575 75 3% Equpment repairs and miscellaneous 7206 Maintenance - Unscheduled Parts
7220 Maintenance - Build & Grounds - - - 0%
7235 Med, Dental, & Lab Supplies - - - 0%
7250 Memberships - - - 0%
7265 Office Expense 500 550 50 10% Office supplies
7268 Postage - - - 0%
7269 Printing - - - 0%
7271 Books and Publications - - - 0%
7281 Data Processing - Computer Supplies
7286 PeopleSoft HR Charge - - - 0%
7287 PeopleSoft Financials Charge - - - 0%
7295 Prof & Specialized Services - - - 0%
7296 Data Processing Services - - - 0%
7325 Publications & Legal Notices - - - 0%
7340 Operating Lease Building - - - 0%
7345 Facility Services Charge - - - 0%
7355 Operating Lease Equipment - - - 0%
7385 Small Tools & Instruments 10,000 10,300 300 3% Ballistic vest, uniforms, duty gear, safety equipment, surveillance equipment, technology equipment 7400 Special Dept Expense - - - 0%
7410 Fuel
7415 Trans, Travel & Education - - - 0%
7416 Trans & Travel County Garage - - - 0%
7430 Utilities - - - 0%
Other (describe) 8,000 8,240 240 3% Vehicle maintenance, advanced training, conferences, meetings etc.

Object Total $ 23,598 $ 24,263 $ 665 3%

FIXED ASSETS
(add description - e.g., vehicle) 55,000 - (55,000) -100% Object Total $ 55,000 $ - $ (55,000) -100%
Overhead Administrative Costs
Object Total 22,071 - (22,071) -100%
TOTAL BUDGET $ 260,515 $ 189,938 $ (70,578) -27%
* Include any FY 2023-24 funding changes approved by CCP. **Explanation required for any increase that exceeds 10% or $20,000. Description required for line items under Services and Supplies and Fixed Assets. *** Overhead Administrative Costs are capped at 15% of the S&B total less overtime and associated benefits Organization/Agency:

Program/Service:

October 7, 2024 Council Packet Page 188
CITY MANAGER’S/STAFF’S REPORT
COUNCIL MEETING DATE: October 7, 2024
_________________________________________________________________________________ ITEM NO: F.

SUBJECT: Consideration of a Resolution Approving a Maintenance Agreement with Surveillance Integration to Provide Continued Support of the Surveillance Camera Program within the City of Selma
_________________________________________________________________________________ BACKGROUND: The City of Selma recognizes the importance of a surveillance system to monitor the Selma Police Department, City parks and facilities, and crucial high-traffic intersections in the city. As the Police Department continues to expand its city-wide surveillance camera project, it is critical to continue a maintenance program to ensure efficient operability.

Criminal investigations are complex, comprehensive, and in-depth, requiring Detectives and Officers to make sure they are gathering and memorializing all necessary statements and visual images to achieve a successful prosecution. The maintenance of our system will continue to be a force multiplier, allowing officers to search for offenders throughout the city and capture critical information associated with incidents, victims, witnesses, and suspect interviews.

DISCUSSION: The Selma Police Department is requesting to continue our maintenance agreement with Surveillance Integration which encompasses our current camera program of over one hundred cameras throughout the system. Surveillance Integration is a proven integrator who performed the original implementation, installation, and maintenance of the Selma Police Department’s Avigilon surveillance system. The Avigilon system is also used by Parlier, Orange Cove, and Sanger Police Departments. Since offenders from our neighboring cities also commit crimes in these surrounding communities, use of this system will facilitate collaboration during investigations. This agreement also entails a full-service protection plan.

FISCAL IMPACT: The cost for this annual maintenance agreement through Surveillance Integration, which covers approximately 125 cameras, is $64,600.00. This amount is budgeted for the current 24-25 Fiscal Year, Fund 295-2100-600-475 (Maintenance Agreements). ______________________________________________________________________________ RECOMMENDATION: Adopt Resolution approving a one-year maintenance agreement with Surveillance Integration for the City’s surveillance camera program. ______________________________________________________________________________ ___________/s/______________________ 09/26/2024___________________ Rudy Alcaraz, Chief of Police Date
__________ /s/_______________________ 09/26/2024___________________ Fernando Santillan, City Manager Date
October 7, 2024 Council Packet Page 189
RESOLUTION NO. 2024 – ___R

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SELMA,

CALIFORNIA, APPROVING AND AUTHORIZING THE CITY MANAGER TO

EXECUTE AN AGREEMENT WITH SURVEILLANCE INTEGRATION TO

MAINTAIN OUR SURVEILLANCE CAMERA SYSTEM
WHEREAS, the agreement with Surveillance Integration will ensure proper maintenance of the city-wide surveillance camera system; and WHEREAS, this maintenance agreement will ensure our current system is capturing data with the purpose of assisting the Police Department in enhancing crime solvability for successful prosecution; and
WHEREAS, Surveillance Integration is a proven integrator who performed the original implementation, installation, and maintenance of the Avigilon surveillance system at the Selma Police Department. This Avigilon system is also used by several of our surrounding agencies which integration with our allied law enforcement partners, and WHEREAS, the maintenance agreement provides that the City of Selma will pay an estimated cost of $64,600.00 within the current fiscal year; and WHEREAS, the City of Selma is authorizing the City Manager to execute an agreement with Surveillance Integration for the purpose of providing maintenance of our surveillance camera system; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Selma as follows:

SECTION 1. The above recitals are true and correct and are incorporated herein by reference.

SECTION 2. The City Manager is hereby authorized to execute the agreement and all necessary documents and make all necessary expenditures related to the same on behalf of the City.

SECTION 3. Severability. The provisions of this Resolution are severable and if any provision, clause, sentence, word, or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words, or parts thereof of the Resolution or their applicability to other persons or circumstances.

PASSED, APPROVED AND ADOPTED this 7
th day of October 2024, by the
following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
(Signatures on following page)
October 7, 2024 Council Packet Page 190
Scott Robertson, Mayor
ATTEST:

Reyna Rivera, City Clerk
October 7, 2024 Council Packet Page 191