REPORT TO THE CITY COUNCIL
FROM: GEORGEANNE A. WHITE, City Manager
Office of the Mayor and City Manager
MIGUEL A. ARIAS, Vice President
City Council, District Three
BY: BRIAN BARR, Director
General Services Department
MELISSA PERALES, Purchasing Manager
General Services Department, Purchasing Division
SUBJECT
Title
Actions pertaining to the addition of Notice of Funding Availability to the list of procurement methods included in the Regulated Communications ordinance:
1. ***BILL B-37 (Introduced August 28, 2025)(For Adoption) Amending Sections 4-603, 4-604, 4-605, 4-607, and 4-608 of the Fresno Municipal Code, relating to Regulated Communications in the City Procurement Process (Subject to Mayor’s Veto)
Body
RECOMMENDATION
Staff recommends Council adopt the Bill amending Sections 4-603, 4-604, 4-605, 4-607, and 4-608 of the Fresno Municipal Code to add Notice of Funding Availability to the list of procurement methods included in the Regulated Communication provisions, it was introduced to Council on Aug. 28, 2025.
EXECUTIVE SUMMARY
This Ordinance proposes adding Notice of Funding Availability (NOFA) to the list of procurement methods subject to Regulated Communication provisions under Chapter 4, Article 6 of the Fresno Municipal Code. This amendment ensures consistent application of communication restrictions across all procurement types and reinforces the City’s commitment to transparency and fairness in the solicitation and award process.
BACKGROUND
The Fresno Municipal Code outlines regulated communication provisions for various procurement processes to prevent undue influence and ensure transparency. However, the Code does not currently include the Notice of Funding Availability (NOFA) process within these provisions. This omission creates an inconsistency in the City’s procurement oversight, as NOFA remains outside the scope of regulated communications.
This gap has the potential to undermine the integrity of the procurement process by allowing unregulated communications in connection with NOFA solicitations. To address this issue and maintain consistent standards across all procurement activities, this amendment will revise Sections 4-603, 4-604, 4-605, 4-607, and 4-608 of the Fresno Municipal Code to include NOFA under the regulated communication requirements.
ENVIRONMENTAL FINDINGS
This is not a project pursuant to CEQA Guidelines section 15378.
LOCAL PREFERENCE
Local preference is not applicable.
FISCAL IMPACT
There is no fiscal impact.
Attachment:
Proposed Ordinance Amending FMC Sections 4-603, 4-604, 4-605, 4-607, & 4-608